AND RULES AIND ORDERS OF THE CITY OF BOSTON, TOGETHER WITH THE GENERAL AND SPECIAL STATUTES OF THE MASSACHUSETTS LEGISLATURE RELATING TO THE CITY. PUBLISHED BY ORDER OF THE CITY COUNCIL. BOSTON: ALFRED MUDGE & SON, PRINTERS, 34 SCHOOL STREET. 1869. CITY OF BOSTON. In Board of Aldermeqn, December 27, 1869. UNDER an order of the City Council, passed the 22nd of January, 1869, the Joint Standing Committee on Ordinances have prepared and printed the accompanying volume of laws and ordinances; and they would respectfully recommend the passage of the ordinance and order appended, declaring the revised ordinances contained in this.volume to be the ordinances of the city, and the rules and orders contained therein to be the rules and orders of the Board of Aldermen. The general plan upon which the work has been prepared is substantially the same as was adopted in the edition of 1850, and followed in the editions of 1856 and 1.863. It contains (1) a digest of all the special statutes relating to the City of Boston, and such general statutes as were considered of municipal interest, arranged, as far as practicable, in alphabetical order; (2) the revised ordinances of the city council; (3) the revised rules and orders of the Board of Aldermen; (4) historical notes and copious references to judicial decisions. iv The committee have endeavored to make the work as complete, in all respects, as possible. The several heads of departments, who possessed a practical knowledge of the operations of the ordinances under which their departments are organized, were requested to suggest such amendments as seemed to them desirable. In response to that request numerous modifications were proposed, some of them highly important; and, after a careful scrutiny by this committee, such of them as were approved were recommended for adoption by the City Government. No substantial alteration has been made without the express sanction of the City Council. The work of preparing the digest of the statutes and revised ordinances was placed in the hands of John P. Healy, City Solicitor, Samuel F. McCleary, City Clerk, and James M. Bugbee, Clerk of Committees, who were considered best qualified for the task from long familiarity with the subject-matter. With the approval of the committee they have made some changes in the arrangement of topics, and in the style of printing, which will be found an improvement on previous editions. The State legislation on the subject of street railways in this city, and the orders of the Board of Aldermen granting locations, had come to occupy so much space -more than two hundred and fifty pages - that it was considered best to print all the matters relating to that subject in a separate volume. The City Clerk has accordingly prepared and printed a collection of all the general and special statutes under which the several street railway corporations having locations in Boston are organ v ized and operated, with the orders of the Board of Aldermen thereon. The committee would recommend that, at the beginning of every year hereafter, the statutes relating to the city, the ordinances, and the orders of a permanent character, passed during the previous year, be collected and printed in the same form as the present edition, with indexes in each, extending back to the year 1869, and the pages numbered continuously to facilitate references. JOHN T. BRADLEE, MOSES FAIRBANKS, NEWTON TALBOT, FRANCIS A. OSBORN, GEORGE P. DENNY, FRANCIS W. JACOBS, MELVILLE E. INGALLS, GILES H. RICH, Committee on Ordinances. CONTENTS. Page CITY CHARTER........................................ 1 CITY SEAL.................................................. 32 ACTIONS....................................................... 33 AMUSEMENTS................................................... 34 AUCTIONEERS................................................ 38 BLASTING.................................................... 40 BILLIARD TABLES, ET.C..................................... 40 BOATS AND LIGHTERS....................................... 44 BONDS OF CITY OFFICERS................................... 55 BOUNDARY LINES................ 58 BRIDGES.-....................................... 63 BUILDINGS................................................. 78 CARRIAGES.................................................. 94 CHELSEA....................................................... 118 CHIMNEYS AND CHIMNEY SWEEPERS...................... 120 CITY CLERK................................................. 124 CLAIMS......................................................... 126 COMMITTEES - CLERK OF.................................. 127 COMMON AND PUBLIC SQUARES............................ 128 CONSTABLES................. 0.0. 134 CONTRACTS WITH CITY OFFICERS......................... 136 CONTRACTS AND EXPENDITURES........................... 138 COUNTY AND COUNTY OFFICERS......................... 139 COUNTY RECEIPTS AND EXPENDITURES................... 144 COURTS...................................................... 146 CRIERS.................................................... 148 DEEDS... o................................. 149 DOGS.................................. 150 DORCHESTER.............................................. 157 EAST BOSTON................................................ 158 ELECTIONS.................................................. 160 QUALIFICATIONS OF VOTERS................................. 161 CONDUCTING ELECTIONS AND RETURNING VOTES.............. 164 ENGINEER.................................................... 17ef Tv1i CONTENTS. FANEUIL HALL............................................... 179 FANEUIL HALL MARKET..................................... 181 FENCES AND FENCE VIEWERS.............................. 196 FERRIES........................................................ 201 FIELD DRIVERS, POUNDS, AND IMPOUNDING OF CATTLE. 208 FINANCE...................................................... 212 FIRE............................................................. 221 FIRE-ARMS, BONFIRES AND BRICKKILNS............... 255 FUEL........................................................... 256 GUNPOWDER............................................. 257 HARBOR........................................................ 265 HAWKERS AND PEDLERS.................................... 302 HAY AND HAY-SCALES....................................... 306 HEALTH........................................................ 311 HISTORY..................................................... 356 HOSPITALS................................................ 358 CITY HOSPITAL........................................... 358 LUNATIC HOSPITAL....................................... 364 HOUSES OF CORRECTION AND JAILS...................... 372 HOUSE OF INDUSTRY........................................ 404 HOUSE OF REFORMATION.................................... 407 INTELLIGENCE OFFICES...................................... 413 JU RIES......................................................... 415 LAMPS......................................................... 421 LANDS.......................................................... 423 LEATHE R....................................................... 428 LIBRARY..................................................... 430 LICENSED HOUSES............................................ 435 LIME AND LIME CASKS..................................... 438 MARBLE, SOAPSTONE AND FREESTONE............. 439 MAYOR'S CLERK............................................... 441 MEAL, GRAIN AND BREAD.................................. 442 MESSENGER................................................... 443 M ILITIA..............................................s........ 445 M ILK.........................................................,. 453 MOUNT HOPE CEMETERY.............................. 455 MUSICIANS............................................. 465 NOTICES AND PLACARDS...................... 466 OFFICERS AND OFFICE HOURS............................. 467 ORDINANCES AND BY-LAWS................................. 470 OVERSEERS OF THE POOR.................................. 474 PAUPERS...................................................... 485 PAWNBROKERS...........................9.................... 509 PETROLEUM AND BURNING FLUIDS....................... 511 POLICE....................................................... - 519 PORTERS........................530 CONTENTS. ix PRINTING....................................................... 532 REGISTRY AND RETURNS OF BIRTHS, MARRIAGES AND DEATHS.................................................... 533 REPORTS................................... 538 REW ARD S...................................................... 538 R IOT S.......................................................... 539 ROXBURY...................................................... 542 SCHOOLS....................................................... 543 SECOND-HAND ARTICLES.................................... 563 SEWERS AND DRAINS........................................ 567 SOLICITOR..................................................... 580 SOUTH BOSTON...............................................585 STAVES AND HOOPS..........................................588 STEAM ENGINES, FURNACES AND BOILERS........... 589 STREETS..................................................... 593 SURVEYOR..................................................... 646 T AX ES.......................................................... 649 ASSESSMENT OF TAXES..................................... 649 COLLECTION OF TAXES.....................................675 TELEGRAPH LINES............................................ 692 TENEMENT HOUSES..........................................693 TREES................................ 700 W ARD S......................................................... 701 WATER......................................................... 713 WEIGHTS AND MEASURES..745 WELLS AND PUMPS...........................................754 W ITNESSES.................................................... 756 WOOD, BARK AND COAL.....................................757 REVISED ORDINANCES.763 REVISED ORDINANCES.......................................763 REVISED RULES AND ORDERS..............................765 IND EX.......................................................... 769 LAWS AND ORDINANCES. CITY OF BOSTON. CITY CHARTER.' SECTION SECTION 1. Corporate powers. 17. Proceedings in case of no choice 2. City Government. of mayor before the com3. Division into twelve wards. mencement of the municipal 4. Annual meeting for the election year. of city officers. 18. Proceedings in case no mayor 5. Certificates of election to be is chosen, or a full board of furnished, aldermen is not elected. 6. Commencement of municipal 19. Election of aldermen. year. 20. Election of common council7, Election of ward officers. men. 8. Ward officers to be sworn. 21, 22, 23. Proceedings in case there 9. Non-election of ward officers. is no choice of common coun10. Absence of ward officers. cilmen. 11. Power and duty of warden. 24. Boardof aldermen, &c., to judge 12. Duties of ward clerk. of elections. 13. Duties of warden and inspectors. 25. Vacancies in city or ward offices. 14. Duties of ward officers at all 26. Removal of city or ward officers elections. from their wards. 15. Election of mayor. 27. Organization of city council and 16. Board of aldermen to examine oath of office. returns of votes for mayor. 28. Absence of mayor elect. 1 The first act of the legislature of Massachusetts establishing the city of Boston, was passed February 23, 1822, and adopted by the citizens of Boston, March 4, 1822. It is chapter 110 of the acts of 1821. The present city charter, being a revision of the former one, was passed April 29, 1854, and adopted by the citizens, November 13, 1854. It is chapter 448 of the acts of 1854. 2 CITY CHARTER. SECTION SECTION 29. Aldermen to choose a perma- 52. Election of overseers of the poor. nent chairman. Their powers and duties. 30. City clerk. 53, 54. The school committee. 31. Vacancy in office of city clerk. 55. Organization of school commit32. Absence of city clerk. tee. Secretary and subordi33. Powers and duties of board of nate officers. aldermen. 56. Powers and duties of school 34. Common council a separate committee. body. President and clerk. 57. Qualifications of voters at muSittings tobe public. Quorum. nicipal elections. 35. Powers of city council. By- 58. Board of aldermen to make lists laws, ordinances, &c. of voters prior to every elec36. Assessment of taxes. tion. Inspectors to allow no 37. Collection of taxes. Assessors one to vote whose name is not tobe chosen. Bonds maybe re- on the list. quired of all who collect, keep, 59. Elections of national and state or disburse public moneys. officers. Examination and 38. City council may provide for the return of votes. Certificates. appointment of city officers, Separate lists of votes for govand may choose register of ernor, &c., to be transmitted deeds, when, &c. to the secretary of state or the 39. Care and custody of city prop- sheriff. Votes for electors of erty. Power to purchase President, &c., how and when property. to be transmitted to the sec40. Board of health. retary. Proceedings in case 41. Surveyors of highways. representatives are not cho42. City treasurer. sen. Proceedings in case of no 43. Members of city council ineligi- election of representatives to ble to other offices. congress. 44. Representatives to general 60. General meetings of the citicourt. zens. 45. Compensation of the mayor. 61. Warrants for meetings to be is46. Powers and duties of mayor. sued by board of aldermen. 47, 48 Veto power of mayor. 62. Power of legislature to alter the 49. Mayor to appoint officers by charter. consent of aldermen. Power 63. Repeal of inconsistent acts, of removal. Proviso. 50. Vacancy in office of mayor. 64. Repeal not:o revive other acts. 51. Accountability of all boards and 65. Act to be void unless adopted officers for public money. by the citizens. If adopted, Annual financial statement. when to take effect. Corporate powers. SECTION 1. The inhabitants of the city of 1821, c. 110, ~1. Boston, for all the purposes for which towns and cities are by law incorporated 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, ex CITY CHARTER. 3 ercise, 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 city, as a municipal corporation. SECT. 2. The administration of all the fiscal, ity governmenlt. 1821, c. 110, 1. 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 council of twelve persons, to be called the board of aldermen, and one council of fortyeight' persons, to be called the common council, which boards, in their joint capacity,,shall be denominated the city council, and also in such other boards of officers as are hereinafter specified. [SECT. 3. It shall be the duty of the city Division to twelve L.*/ */ lvwards. council, and they are empowered during the year 1821 c 110,. 1850, e. 167, ~ 1. 1860, and whenever thereafterwards they may deem it expedient, not oftener than once in ten years, to cause a new division of the city to be made into twelve wards, in such manner as to include an equal number of voters in each ward, Amendeld ic5, c.. as nearly as conveniently may be, consistently with well-defined limits to each ward; and, until such division be made, the boundary lines of the wards shall remain as now established.2] SECT. 4. The annual meeting of citizens, for Annualmeetingfor the election of city 1 By the annexation of Roxbury, this number was increased to sixty, and by the annexation of Dorchester to sixty-four. Sts. 1867, c. 359, ~ 7; 1869, c. 349, ~ 7. 2 By the annexation of Roxbury, the number of wards was increased to fifteen. And by the annexation of Dorchester the number was again increased to sixteen. Sts. 1867, c. 359, ~ 7; 1869, c. 349, ~ 5. 4 CITY CHARTER. officers. the election of municipal officers hereinafter 1851, c. 167. t 184 c 9 mentioned, shall be held on the second Monday of December, and the citizens of said city qualified to vote in city affairs shall for the purpose of such election then meet together within the wards in which they respectively reside, at such hour and place as the board of aldermen may by their warrant direct and appoint; and the person receiving the highest number of votes for any office shall be deemed and declared to be elected to such office; and, whenever two or more persons are to be elected to the same office, the several persons, to the number required to be chosen, having the highest number of votes, shall be declared elected. Certificates of elec- SECT. 5. Every person so chosen in any ward tion to be furnished. 1867, c. 2. shall, within forty-eight hours of his election, be furnished by the clerk with a certificate thereof, signed by the warden, clerk, and a majority of the inspectors, which certificate shall be presumptive evidence of the title of such person to the office therein mentioned. omnmencement of SECT. 6. The municipal officers to be chosen at municipal year. 1824,c49, ~2. the annual election shall enter upon the duties of their respective offices on the first Monday of January. Eectinoffward SECT. 7. The qualified voters of said city officers. shall, at the annual meeting, choose by ballot one warden and one clerk and five inspectors of elections for each ward, who shall be resident in said ward, and who shall hold their offices for one year and until others shall be chosen and qualified in their stead. CITY CHARTER. 5 SECT. 8. The ward officers mentioned in the Ward officers to be sworn. preceding section shall respectively make oath 1821,. 110, ~. faithfully and impartially to discharge their several duties, which oath may be administered by the clerk of such ward to the warden, and by the latter to the clerk and inspectors, or to all of said officers by any justice of the peace for the county of Suffolk; and a certificate thereof shall be entered in the record, to be kept by the clerk of the ward. SECT. 9. In case of the non-election of any Non-election of ward officers. ward officer at the annual meeting, adjournments may be had for the purpose of effecting such election, in the same manner as is hereinafter provided with regard to the election of members of the common council. SECT. 10. In case of the absence of any ward Absenceof ward officers. officer, at any ward meeting, such officer may be 1821,.110, ~3 7 y~ ~~~~~~~~~~~~~~~ v ~ / ~1845, c. 217, ~ 3. chosen, pro tempore, by hand vote, and shall have all the powers, and be subject to all the duties of the regular officer at such meeting. SECT. 11. It shall be the duty of the warden Power and dut of warden. to preside at all ward meetings, with the powers of moderators of town meetings. In case of his absence, the clerk, and, in case of the absence of the clerk, any inspector, shall preside, according to seniority, until a warden shall be chosen, as provided in the preceding section. SECT. 12. It shall be the duty of the clerk to Duties of ward clerk. make a fair and true record, and to keep an exact 1821,110, ~3. 1* 6 CITY CHARTER. journal of all the acts and votes of citizens at the ward meetings, and to deliver over such records and journals, together with other documents and papers held by him in his said capacity, to his successor in office. Dutiesof wardn SECT. 13. It shall be the duty of the warden and inspectors. 1821c. 110, ~3 and inspectors of each ward to receive, sort, and count, and of the warden to declare, all votes at any election within such ward. Duties of ward SECT. 14. It shall be the duty of all ward offi1845c. 27,3. cers, authorized to preside and act at elections of city officers, to attend and perform their respective duties at the times and places appointed 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. lection of mayor. SECT. 15. The qualified voters of said city, 1821, c. 110, ~ 5. shall, at the annual meeting, 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. All the ballots so given in, in each ward, being sorted, counted, and declared, shall be recorded at large by the clerk in open ward meeting; and, in making such See G. S declaration and record, the whole number of votes c. 7, ~ 14. 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, CITY CHARTER. 7 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. It shall be the duty of the city clerk forthwith to enter such returns, or a plain intelligible abstract of them, as they are successively received, upon the journal of the proceedings of the board of aldermen, or some other book to be kept for that purpose. SECT. 16. The board of aldermen shall, as Board of alderen to examine returns soon as conveniently may be, within three days of ofvotesfor mayor. 1821, c. 110, ~ 5. such election, meet together and examine all the 1830 c7 ~ 2. said returns, and they shall cause the person who may have been elected mayor to be notified in writing of his election; but, if it shall appear by said returns that no person has been elected, or if the person elected shall refuse to accept the office, the board shall issue their warrants for a new election, and the same proceedings shall be had as are provided in the preceding section for the choice of a mayor, and repeated from time to time until a mayor shall be chosen. SECT. 17. Whenever, on examination by the Proceedings incase of no choice of board of aldermen of the returns of votes given mayor beforethe commencement of for mayor at the meetings of the wards, holden the municipal year. 1830, c. 7, ~ 1. for the purpose of electing that officer, last preceding the first Monday of January in each year, no person shall appear to be chosen, the board of aldermen, by whom such examination is made, shall make a record of that fact, an attested copy of which record it shall be the duty of the city clerk to produce and read, on the first Monday of 8 CITY CHARTER. January, in the presence of the members returned to serve as aldermen and common councilmen; and the oaths prescribed by law may be administered to the members elect. The members of the board of aldermen shall thereupon proceed to elect a chairman, and the common council a president, in their respective chambers; and being respectively organized, they shall proceed to business in the manner hereinafter provided, 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 proceeding shall be had in all respects as are hereinbefore directed, and shall be repeated from time to time, until a mayor shall be duly chosen. Proceedings in case SECT. 18. Whenever it shall appear, by the no mayor is chosen, or aful board of regular returns of the elections of city officers, aldermen is not elected, that a mayor has not been chosen, or that a full 1845, c. 217, ~ 1. board of aldermen has not been elected, such of the board of aldermen, whether they constitute a quorum or not, as may have been chosen, shall issue their warrant, in the 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 shall be filled in the said board; and, in case neither a mayor nor any alderman shall be elected at the usual time for electing the same, and after the powers of the former mayor and aldermen shall have ceased, CITY CHARTER. it shall be the duty of the president of the common council to issue his warrant, in the same manner as the board of aldermen would have done, if elected, and the same proceedings shall be had and repeated, until a mayor or one or more aldermen shall be elected. SECT. 19. The qualified voters of said city Electionof aldermen. shall, at the annual meeting, be called upon to 121, c. 10, ~(. give in their votes for twelve 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 particu- See G.S. c. 7, ~ 14. larly 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 forthwith be transmitted to the city clerk, whereupon the same proceedings shall be had to ascertain and determine the persons chosen as aldermen, as are hereinbefore 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 or aldermen for the time being. SECT. 20. The qualified voters of each ward Election ofommon councilmen. shall, at the annual election, be called upon to give 10 CITY CHARTER. 1821, c. n0, ~7. in their votes for four able and discreet men, being inhabitants of the ward, to be members of the common council for the ensuing year; and all the ballots so given in, in each ward, being sorted, counted, and declared, a public declaration of the result shall be made by the warden in open ward meeting; and a record of such proceedings shall be kept by the clerk in his journal, stating particularly the whole number of ballots given in, the Se G. S. number necessary to make a choice, the number c. 7, ~ 14. actually given for each person, the whole to be written in words at length. roceedings in case SECT. 21. In case four persons are not chosen there is no choice of coocounci at the first balloting in any ward, the meeting of such ward shall be adjourned by the presiding officer, for the purpose of filling such vacancies, to a period not less than twenty-four nor more than seventy-two hours distant from the hour when the polls were opened at the first balloting, the time of adjournment within such limits to be determined by the warden, with the consent of a majority of the inspectors who may be present when City doc. 12, for such adiournment is had; and such notice shall be given of the time of such adjournment, and the time the polls will be kept open, as the warden may direct; and at such adjourned meeting a balloting shall be opened for a number of common councilmen sufficient to complete the number of four, which shall be conducted, and its results be declared and recorded, in the same manner as before prescribed for the first balloting. Same subject SECT. 22. In case there shall still be vacancies CITY CHARTER. 11 in the number of common councilmen in any ward, adjournments of the meetings of the citizens thereof, for the purpose of filling the same, shall continue to be had in the same manner, to periods not less than twenty-four nor more than seventy-two hours distant from each other, at all of which the balloting shall be conducted, and the result be declared and recorded in the same manner as before prescribed, until the number of four shall be duly chosen. And at all such adjournments the polls shall be kept open the same number of hours as are required by the original warrant. SECT. 23. If, at the close of the last legally Snme subject. adjourned meeting of any ward as aforesaid, preceding the first Monday in January, there shall still be vacancies in the number of common councilmen for any ward, no further adjournment shall be had; but a record of the fact, and of the number of such vacancies, shall be made by the clerk of the ward in his journal, signed therein by the warden, clerk, and a majority of the inspectors, an attested copy of which record shall forthwith be delivered by the clerk of the ward to the city clerk, who shall lay the same before the common council at their first meeting in January. SECT. 24. The board of aldermen, the com- Board of aldermen etc., to judge of mon council, and the. school committee, shall elections. 1821, c. 110, ~ 7. have authority to decide upon all questions relative to the qualifications, elections, and returns of their respective melbers. 12 CITY CHARTER. Vacancies in city or SECT. 25. Whenever it shall appear to the ward offices. 845, c.217, ~2. board of aldermen that there is a vacancy, by removal from the city, or by death, resignation, or otherwise, in the board of aldermen, the common council, the school committee,1 or in any of the city and ward offices, it shall be the duty of said board to issue their warrant in due form to fill all such vacancies in each and all of said boards and offices, at such time and place as they may deem advisable; and the same proceedings shall be had, and adjournments, if necessary, within the same limits as are herein prescribed for the annual meeting for the election of common councilmen. But, in case of vacancies in the common council and school committee, such warrant shall not be issued until the board of aldermen receive official information thereof. Removal of ityor SECT. 26. All city and ward officers shall be ward officers from thir wards5 held to discharge the duties of the offices to which 1845, c. 217, ~ 5. they have been respectively elected, notwithstanding their removal after their election out of their respective wards into any other wards of the city. But they shall not be so held after they have taken up their permanent residence out of the city. organization of SECT. 27. The mayor, aldermen, and common city council. 1821, c. 11, ~. councilmen, on the first Monday in January, or 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 an oath to sup1Modified by G. S, c. 38, ~ 17. CITY CHARTER. 13 port the Constitution of the United States. And such oaths may be administered to the mayor elect, by any one of the justices df 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 be ad- Oathof office. ministered to the aldermen and members of the common council by the mayor, being himself first sworn as aforesaid, or by either of the persons authorized to administer said oath to the mayor; 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. 28. In case of the unavoidable absence, Absence of mayor elect. on account of sickness or otherwise, of the mayor 1830, c.7, ~2. elect, on the first Monday in January, the city government shall organize itself in the mode hereinbefore provided in cases wherein no person shall have been elected mayor at the meeting last preceding the first Monday in January, and may proceed to business in the same manner as if the mayor were present. SECT. 29. After the organization of the city Aldermen tochoose a permanent chairgovernment, and the qualification of a mayor, and man. when a quorum of the board of aldermen shall be present, said board, the mayor presiding, shall proceed to choose a permanent chairman, who shall preside at all meetings of the board and at conventions of the two branches, in the absence of the mayor; and, in case of any vacancy in the 2 14 CITY CHARTER. office of mayor for any cause, he shall exercise all the powers and perform all the duties of the office as long as such vacancy shall continue. But he shall continue to have a vote in the board, and shall not have the veto power. City clerk. SECT. 30. The mayor, aldermen, and com1821, c. 110, ~ 10. mon council in convention, in the month of January, shall choose a clerk for the term of one year, and until another person is duly chosen and qualified in his stead, who shall be sworn to the faithful discharge of the duties of his office, and shall be removable at the pleasure of the board of aldermen, the mayor thereto consenting. He shall be denominated the city clerk, and it shall be his duty to keep a journal of the acts and proceedings of the board of 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 intrusted 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 thereunto required by the aldermen. The city clerk thus chosen and qualified shall continue to have all the powers and perform all the duties now by law belonging to him. Vacancy in offce SECT. 31. In case of a vacancy in the office of of city clerk. city clerk, from any cause, the same shall be filled in the manner provided in the preceding section. CITY CHARTER. 15 SECT. 32. In case of the temporary absence of Absene ofcity the city clerk, the mayor, by and with the advice and consent of the board of aldermen, may appoint a city clerk pro tempore.l SECT. 33. The administration of police, to- Powers andduties of board of aldergether with the executive powers of the said cor- men. 1821, c. 110, ~ 13. poration generally, and all the powers formerly 1852, c. 26. 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, and all the powers subsequently vested in the mayor and aldermen of R.S..24, ~54. Ibid. c. 14, ~ 29. said city as county commissioners or otherwise, shall be, and hereby are, vested in the board of aldermen, as hereby constituted, as fully and amply as if the same were herein specially enumerated. A majority of the members of the board shall constitute a quorum for the transaction of business. Their meetings shall be public, and the mayor, if present, shall preside, but without a vote. SECT. 34. The persons so chosen and qualified Commoncouncila separate Docty. as members of the common council of the said 1821,c.110, 11. city shall sit and act together as a separate body, distinct from that of the board of 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 For authority to appoint an assistant city clerk, see Stat. 1869, c. 32. See also city clerk, post. 16 CITY CHARTER. and to preserve order therein, and also to choose a Clerk. 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 reSittingstobepub- quire. All sittings of the common council shall lic. Quorum. be public; and twenty-five members shall consti1867, e. 359. 189, c. 349. tute a quorum for the transaction of business. Powers of city SECT. 35. All other powers heretofore by law council. 1821, c. 1, ~ 15. vested in the town of Boston, or in the inhabitants 184. 262. 1851, 337. thereof, as a municipal corporation, or in the city council of the city of Boston, shall be and hereby are continued to be vested in the mayor, aldermen, and common council of the said city, to be exercised by concurrent vote, each board as hereby constituted having a negative upon the proceedings of the other, and the mayor having a veto By-laws. power as hereinafter provided. More especially, they shall have power to make all such needful and salutary by-laws or ordinances, not inconsistent with the laws of this commonwealth, as towns by the laws of this commonwealth have power to make and establish, and to annex penalties not exceeding fifty dollars for the breach thereof; which by-laws and ordinances shall take effect and be in force from and after the time therein respectively limited, without the sanction or confirmation of any court or other authority whatsoever. Assessment of taxes SECT. 36. The city council shall also have CITY CHARTER. 17 power from time to time to lay and assess taxes 1821,c. 110, ~ 15. 1852, c. 301. for all purposes for which towns are by law re- 1822,c85. R. S. c. 14, 34. quired or authorized to assess and grant money, and also for all purposes for which county taxes may be levied and assessed, so long as other towns in the county shall not be liable to taxation for county purposes. But, 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. SECT. 37. The said city council shall also Collectionof taxes. 1821, c. 110, ~ 15. have power to provide for the assessment and collection of such taxes; and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures to insure a just and prompt account thereof; and for these purposes may either elect such ae and Assessors and As tobe chosen. 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, Bond, etc., may be required. or disbursement of public moneys, such bonds, with such conditions and such sureties, as the case may in their judgment require. SECT. 38. The city council may provide for city council may provide for the apthe appointment or election of all necessary offi2* 18 CITY CHARTER. pfintment of city cers for the good government of said city, not 1821, c. 110, ~6 otherwise provided for, and may prescribe their duties and fix their compensation; and may choose Register of Deeds. a register of deeds whenever the city shall be one county. are and custody of SECT. 39. The city council shall have the city property. 1821, c. 11i, ~ 16. care and superintendence of the public buildings, and the care, custody, and management of all property of the city, with power to lease or sell the same, except the common and Faneuil hall. Power to purchase And the said city council shall have power to property. 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. Board ofHealth. SECT. 40. All the power and authority now 1821, c. 110, ~ 17. 184 Pc. 211,~ y law vested in the city council, or in the board of mayor and aldermen, relative to the public health and the quarantine of vessels, shall continue to be vested in the city council, to be carried into execution by the appointment of one or more 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. The powers and duties above named may be exercised and carried into effect by the city council in any manner 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 by previous legislation; and the city council may constitute CITY CHARTER. 19 either branch, or any committee of their number, whether joint or separate, the board of health, for all or for particular purposes. SECT. 41. The board of aldermen shall be Surveyors ofhighways. surveyors of highways for said city. 1823,c.2. SECT. 42. The city council shall, in the month cy treasurer. 1821,110, ~ 18. of May, meet together in convention, and elect a suitable person to be the treasurer of said city, who shall also be county treasurer; and who shall K. S. 1447. hold his office until his successor is chosen and qualified in his stead. SECT. 43. No person shall be eligible to any Members of city council ineligible to office, the salary of which is payable out of the oer, oc.21 city treasury, who, at the time of his appointment, 18], 7.0. shall be a member of either the board of aldermen or the common council; and neither the mayor nor any alderman or member of the common council shall, at the same time, hold any office of emolument under the city government. [SECT. 44. In the month of October in each Representtives to general court. year, the city government shall meet in conven- 1821c. 0,' 22. tion and determine the number of representatives which it may be expedient for the corporation to send to the general court in the ensuing 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.'] The twenty-first article of amendment to the constitution of the State, 20 CITY CHARTER. Compensation of SECT. 45. The mayor of the city, chosen and the mayor. 1821, c.110, 12. qualified as hereinbefore provided, shall be taken and deemed to be the chief executive officer of said corporation; and he shall be compensated for his services by a salary, to be fixed by the board of aldermen and common council in convention assembled, payable at stated periods, which salary shall not exceed the sum of five thousand dollars annually, and he shall receive no other compensation or emolument 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 elected, and said salary, when fixed, shall continue until changed by the city council as aforesaid. Hispowers and SECT. 46. It shall be the duty of the mayor duties. 1821, e.110, 12. to be vigilant and active at all times in causing 5 Gray, 121. 98 Mass. 39. 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 may be in his power, to cause all negligence, carelessness, and positive violation of duty, to be duly prosecuted and punished. He shall have power, 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 meetings of said boards may stand adjourned to a more distant day, and shall cause suitable notice adopted by the people in May, 1857, changed the system of representation, and made this section of the charter inoperative. See Sts. 1857, c. 311; 1866, c. 103. CITY CHARTER. 21 in writing of such meetings to be given to the respective members of said boards. And he shall from time to time 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. 47. Every ordinance, order, resolution, Veto powerof the omayor. or vote to which the concurrence of the board of aldermen and of the common council may be necessary (except on a question of convention of the two branches), and every order of either branch, involving the expenditure of money, shall be presented to the mayor; if he approve thereof, he shall signify his approbation by signing the same; but, if not, he shall return the same, with his objections, to the branch in which it originated, who shall enter the objections of the mayor at large on their records, and proceed to reconsider said ordinance, order, resolution, or vote; and if, after such reconsideration, two-thirds of the board of aldermen or common council, notwithstanding such objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the city council (if it originally required concurrent action), where it shall also be reconsidered, and if approved by two-thirds of the members present, it shall be in force; but in all cases the vote shall be determined by yeas and nays; and if such ordinance, order, resolution, or vote shall not be returned by the mayor within ten days after it shall have been presented, the 22 CITY CHARTER. same shall be in force. But the veto power of the mayor shall not extend to the election of officers required by any law or ordinance to be chosen by the city council in convention or by concurrent action, unless expressly so provided thereini. Same subject. SECT. 48. In all cases where anything is or may be required or authorized by any law or ordinance to be done by the mayor and aldermen, the board of aldermen shall first act thereon; and any order, resolution, or vote of said board shall be presented to the mayor for his approval, and the same proceedings shall be had as are provided in the preceding section. Mayor toappoint SECT. 49. In all cases wherein appointments officers by consent of aldermen. to office are directed to be made by the mayor 1821, c. 110, ~ 21. 18,c. 94, c. 162. and aldermen, they shall be made by the mayor, Powerofremoval. by and with the advice and consent of the aldermen, and such officers may be removed by the mayor. Vacancy in the SECT. 50. In the case of the decease, inability, office of mayor. 1821, c.110, ~. absence, or resignation of the mayor, and whenever there is a vacancy in the office from any cause, 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, the board of aldermen shall issue their warrants in due form, for the election of a mayor, and the same proceedings shall be had as are hereinbefore provided for the choice of a mayor. CITY CHARTER. 23 SECT. 51. All boards and officers acting under Accountability of all boards and offithe authority of the said corporation, and entrus- ce for public money. ted with the expenditure of public money, shall be 1821 c.0, ~ 20. 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 state- Annualfinancial - statement. ment of all city property. [SECT. 52. The qualified voters of each ward Electionofoverseers of the poor. shall, at the annual meeting, be called upon to give 1821, c 110, ~ 19 1849, c. 211. in their votes for one able and discreet person, being an inhabitant of the ward, to be an overseer of the poor, and thereupon the same proceedings Annulled byAct shall be had as are before directed in the election of members of the common council. And the persons thus chosen shall, together, constitute the Their powers and duties. board of overseers for said city, and shall con- 22Pick. tinue to have all the powers, and be subject to all the duties, now by law appertaining to the overseers of the poor of the city of Boston, until the same shall be altered or qualified by the legislature.] SECT. 53. The school committee shall consist Theschoolcommittee. of the mayor of the city, the president of the: 128, ~'' common council, and of the persons hereinafter mentioned. A majority of the persons duly elected shall constitute a quorum for the transaction of business; and at all meetings of the board, the mayor, if present, shall preside. 24 CITY CHARTER. Samesubject. SECT. 54. At the annual election next after the passage of this act, the qualified voters of each ward shall be called upon to give in their ballots for six inhabitants of the ward to be members of the school committee; and the two persons who receive the highest number of votes, or, in case more than two receive an equal number of votes, the two persons who are senior by age, shall hold their office for three years from the second Monday in January next ensuing, and the next two persons who receive the highest number of votes, or who are senior by age in the contingency aforesaid, shall hold their office for two years from said date, and the two other persons shall hold their office for one year, from said date; and, at every subsequent annual election, two persons shall be chosen in each ward, to be members of the school committee for the term of three years. Organization of SECT. 55. The persons so chosen as members school committee. of the school committee shall meet and organize on the second Monday of January, at such hour as the mayor may appoint. They may choose a Secretary and sub- secretary and such subordinate officers as they ordinate officers. may deem expedient, and shall define their duties and fix their respective salaries. Powers and duties SECT. 56. The said committee shall have the of school committee. 821, c.110,~19. care and management of the public schools, and may elect all such instructors as they may deem proper, and remove the same whenever they consider it expedient. And generally they shall have all the powers, in relation to the care and manage CITY CHARTER. 25 ment of the public schools, which the selectmen of towns or school committees are authorized by the laws of this commonwealth to exercise. SECT. 57. Every male citizen of twenty-one Qulifications of, voters at municipal years of age and upwards, excepting paupers and elecLions, etc 1821, c. 110, ~ 8. 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 see xx Amend. 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.' SECT. 58. It shall be the duty of the board of Board of alcermen to make lists of aldermen, prior to every election of city officers, votersprior to every election. or of any officer or officers under the government 2c.10, ~ 24. of the United States or of this commonwealth, 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 1By the twentieth amendment of the constitution of the State, no person shall have a right to vote "who shall not he able to read the constitution in the English language and write his name." The amendment does not, however, apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who in May, 1857, had the right to vote, or who was then sixty years of age and upwards. 3 26 CITY CHARTER. required to make out similar lists of voters, and for that purpose they shall have free access to the assessors' books and lists, and shall 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 board of 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 Ihnspector to allow to vote at such election whose name is not borne no one to vote whose nale is not on such list. And to prevent all frauds and mison the list. takes in such elections, it shall be the duty of the inspectors in each ward to take care that no person 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. And the city council shall have authority to establish such rules and regulations, as to making out, publishing and using such lists of qualified voters, as they shall deem proper, not inconsistent with the constitution and laws of the commonwealth. Eletioe of tion SECT. 59. All elections for governor, lieual and state officers. 1821S c. 1, ~ l 2 tenant-governor, senators, representatives, repre-. C. ~~,18. sentatives to congress, and all other officers, who R..c.,~~28. are to be chosen and voted for by the people, )2, e 209. 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 the inspectors of elections in each ward, it shall CITY CHARTER. 27 be the duty of the clerk of such ward to make a true record of the same, specifying therein [the Seexiv. Amend. I 1 J ~ L Const. whole number of ballots given in,] the name of G..c.7, ~4. 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 board of aldermen, or in some other book kept Examination and return of voteri. for that purpose. And it shall be the duty of the board of aldermen to meet together 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, Certificate. to be signed by 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 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. At the election of Separatelists of votes for governor, governor, lieutenant-governor, and senators, it etc.,tobe transmitted to the secretary shall be the duty of the board of aldermen to or to sheriffs. "' v. E~~ ~~~~~~~~~~~~~~~~. S. c. 5, ~ 1. 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 secre 28 CITY CHARTER. tary of the commonwealth, or to the sheriff of the county. The board of aldermen shall, within three - days next after the day of any election of otesfor electors of electors of President and Vice-President of the president, etc., how and when to be United States, held by virtue of the laws of this transmitted to the ecret ~r1. 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 aldermen may, and when the office of sheriff is vacant, 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. Proceedings incase In all elections for representatives to the general representatives are not chosen. court, in case the whole number proposed to be elected shall not be chosen according to law, by the votes legally returned, the board of aldermen shall forthwith issue their warrants for a new election, agreeably.to the constitution and laws of this commonwealth, and the same proceedings shall be had, in all respects, as are hereinbefore directed; and in case of no choice being made of Proceedingsin case representatives to congress, in either district of of no election of representatives to which the city of Boston composes a part, or in congress. R. S.,c.4,~ 13. case of any vacancy happeningin said districts, or either of them, the governor shall cause precepts for new elections to be directed to the board of 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 foregoing provisions. CITY CHARTER. 29 SECT. 60. General meetings of the citizens, Generalmeeting of the citizens. qualified to vote in city affairs, may from time to 1821,.110, ~25. 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 board of aldermen, upon the requisition of fifty qualified voters of said city. The mayor, if present, shall preside, and the city clerk shall act as the clerk of such meetings. SECT. 61. All warrants for the meetings of the Warrants for meetings to be issued by citizens for municipal purposes, to be had either the boardofalderin general meetings or in wards, shall be issued 1821, c.110 ~ 26. by the board of aldermen, and 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 or ordinance direct and appoint. SECT. 62. Nothing in this act, contained shall Power of legislature to alter the charter. be so construed as to restrain or prevent the legis- 1821, c. 110, ~30. lature from amending or altering the same whenever they shall deem it expedient. SECT. 63. All acts and parts of acts inconsis- Repealof firstcharter. tent with this act are hereby repealed: provided, Proviso. however, that the repeal of the said acts shall not 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. And that no offence committed, and no penalty or forfeiture 3* 30 CITY CHARTER. incurred, under the acts hereby repealed, and before the time when such repeal shall take effect, shall be affected by the repeal. And that no suit or prosecution pending at the time of the said repeal for any offence committed, or for the recovery of any penalty or forfeiture incurred, under the acts hereby repealed, shall be affected by such repeal; and provided, also, that all persons, who, at the time when the said repeal shall take effect, shall hold any office under the said acts, shall continue to hold the same according to the tenure thereof; and provided, also, that all the by-laws and ordinances of the city of Boston, which shall be in force at the time when the said repeal shall take effect, shall continue in force until the same are repealed by the city council; and all officers elected under such by-laws and ordinances, shall continue in office according to the tenure thereof. Repeal not to revive SECT. 64. No act which has been heretofore other acts. repealed shall be revived by the repeal of the acts mentioned in the preceding section. Act tobesubmitted SECT. 65. This act shall be void unless the into the citizens. Pick. 376. habitants of the city of Boston, at a legal meeting called for that purpose, by a written vote determine to adopt the same;1 and the qualified voters of the city shall be called upon to give in their votes upon the acceptance of this act, at meetings in the various wards, duly warned by the mayor and aldermen, to be held on or before the second 1Accepted November 13, 1854. Yeas, 9,166; Nays, 990. CITY CHARTER. 31 Monday of November; and thereupon, the same proceedings shall be had respecting the sorting, counting, declaring, recording and returns of said votes, as is herein provided at the election of mayor; and the board of mayor and aldermen shall, within three days, meet together and compare the returns of the ward officers; and if it appear that the citizens have voted to adopt this Ifadopted, when to take effect. act, the mayor shall make proclamation of the fact, and thereupon the act shall take effect for the purpose of electing municipal officers at the next annual election, and for all other purposes it shall take effect on and after the first Monday of January next.1 I For the powers and duties of cities, see General Statutes, chapters 18 and 19. The most important provisions of these chapters are incorporated in their proper places, under the various titles of this volume. 32 CITY CHARTER. SEAL OF TI-HE CITY. AN ORDINANCE TO ESTABLISH THE CITY SEAL. Ordinance to Be it ordained by the mayor, aldermen, and establish the city seal, Jan. 2, common council of the city of Boston, in city 1823. council assembled, 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." C ) ITAJ ACTIONS. 33 ACTIONS. STATUTES. 4. Inhabitants of Boston not dis1. Actions, &c., by and against qualified by interest from actthe city, where may be ing as jurors, &c. brought, and when may be 5. Board of Aldermen may authorremoved. ize any person to enter into a 2. If brought by the city in Suffolk recognizance in behalf of the County, defendant may re- city. move to another county. Pro- 6. In prosecutions, &c., on special ceedings in such case. acts, ordinances, &c., what 3. Civil actions to recover forfeit- must be set forth, and what ures, where to be brought. need not be set forth. STATUTES. 1. Actions, suits, and prosecutions, by and against the city of Actions, &c., by Boston, may be brought in either of the counties of Suffolk, Essex, and against the city, where may be Middlesex, or Norfolk, or in the county where the plaintiff lives; brought, and when but if brought by the city in the county of Suffolk, may be re- bImoved.., moved to one of the other of said counties, as provided in the following section. 2. The defendant or tenant, at the term at which his appear- If brought by the ance is entered, may file a motion in writing for the removal of city in Suffolk County, defendant the suit, and the court shall thereupon order it to be removed to may remove to another county. the proper court in such one of the other of said counties as the Proceedings in attorney of the city of Boston elects. Said attorney shall enter suchcase. Ibid, ~ 7. the same accordingly in the court so designated, at the then next term, and file therein certified copies of the writ or other process and of the order of removal; and the proceedings shall be conducted in like manner as if the suit had been originally commenced in that county. 3. Every civil action for the recovery of a forfeiture shall be Civil actions to recover forfeitures, brought in the county in which the offence was committed, unless whOere to bef a different provision is made in the statute imposing the for- brought. ~~~~~~~~~~~~~~~~~~~feiture. - ~~Ibid, ~ 8. feiture. 4. No person shall be disqualified from acting as judge, magis- Inhabitants of Boston not distrate, appraiser, or officer of any kind in a suit or proceeding in uafed y interI Zn -— 1~- " ~~-'J'^'-'~''^' ~~ "~-' " r —------— d qualified by interwhich any city or town is interested, by reason of his interest as est from acting as jurors, &c. an inhabitant thereof. And no juror shall be disqualified by G.s. 22, 13. reason of being an inhabitant of the city of Boston. 11 Cush. 411,412. 5. When a town or city is required to enter into a recogni- Board ofAldermen zance, the selectmen of the town or the mayor and aldermen of pmay autorinte a the city may by an order or vote authorize any person to enter into a recognizance 34 AMUSEMENTS. in behalf of the into the recognizance in the name and behalf of the town or city, city.s. 1, and it shall be binding, like any other contract made by such town G. S. 18, ~ 18. G. S. 19, ~~ 2, 17. or city. No surety shall be required in such recognizance. In prosecutions, 6. In all prosecutions by complaint before the police court for &c., on special acts, ordinances, the city of Boston, founded on the special acts of the legislature, &c. what must be the by-laws of the town of Boston, or the ordinances or the byset forth, and what need not be set laws of the city of Boston, it shall be sufficient to set forth, in forth,28,~. ssuch complaint, the offence fully and plainly, substantially and 1824, c. 28, ~ 5. G. S. 171, ~1. formally; and in such complaint it shall not be necessary to set forth such special act, by-law, ordinance, or any part thereof. The General Statutes, Chap. 171, ~ 16, extend this provision to any " complaint, prosecution, or other process." AMUSEMENTS. STATUTES. 9. Expenses incurred in care of 1. Board of Aldermen may license birds, &c., how paid. theatrical and other exhibi- 10. Penalty for training birds or tions. animals. 2. Penalty for setting up, &c., 11. Penalty for being present at such exhibition without li- exhibition. cense. 12. Booths, &c., used for gambling, 3. Penalty for setting up theatri- &c., near public shows, how cal exhibitions at which lager- removed. bier, &c., is sold. 13. Persons not to be restricted nor 4. Masked balls, &c., forbidden excluded in any licensed place under penalty. of amusement. 5. Police court shall bind over of- 14. Penalty. fenders and require sureties. RULES OF MAYOR AND ALDERMEN. for their good behavior. 6. Penalty for exhibiting the fight- 1. No seats to be placed in pasing of birds, &c. sageways. 7. Persons present at exhibition 2. Police officers or constables to of fighting birds or animals be enployed. may be arrested without war- 3. Aldermen may examine places rant. of amusement. 8. Birds or animals to be forfeited 4. License may be revoked. and sold. Board of Alder- 1. The mayor and aldermen or selectmen of any city or town meni may licns may license theatrical exhibitions, public shows, public amusetheatricaland m d p other exhibitions. ments and exhibitions of every description; to which admission is 18it, c. 10,t 13. obtained upon payment of money or the delivery of any valuable G.. 88,~ 74. thing, or by a ticket or voucher, obtained for money or any 9Pick. 415. valuable thing, upon such terms and conditions as they deem 7 Gray, 162. reasonable; and they may revoke or suspend the same at their pleasure. AMUSEMENTS. 35 2. Whoever offers to view, sets up, sets on foot, maintains, Penalty for setting carries on, publishes, or otherwise assists in or promotes, any hibition without such exhibition, show, or amusement, without such license, shall license. G. S. 88, ~ 75. be punished by fine not exceeding five hundred dollars for each 4 ush. 74. offence. 6 Cush. 174. 3. Whoever offers to view, sets up, sets on foot, maintains, Penalty for setting or carries on, a theatrical exhibition, public show, concert or eup theatrical dance-hall exhibition, of any description, at which lager-bier or which lager-bier, other intoxicating liquors are sold or exposed for sale, with the C.,is ssold;G. consent of those who get up, set on foot, or otherwise promote, such exhibitions or shows, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the house of correction not more than two years, unless such exhibition or show has been first duly licensed as provided by section one. This section shall not authorize the licensing of the sale at any exhibition or show, of liquors the sale of which is prohibited by law. 4. Whoever gets up, sets on foot, causes to be published, or Maskedballs, &c., otherwise aids in getting up and promoting, any masked ball forbidden under penalty. or other public assembly, at which the company wear masks or Ibid,~77. other disguises and to which admission is obtained upon payment of money or the delivery of any valuable thing, or by a ticket or voucher obtained for money or any valuable thing, shall, for the first offence, be punisled by fine not exceeding five hundred dollars; and for any subsequent offence, by imprisonment in the jail or house of correction not exceeding one year. 5. Any justice of the peace or police court, upon complaint Policecourt shall made of an offence against the provisions of the three preceding abind requir ffders sections, shall bind over all persons so offending, to appear at the ties for their good next term of the superior court, and shall also require such Ibid, 78. persons to find sureties for the keeping of the peace, and being of good behavior, until such term of the court, and shall commit such persons upon their refusing or neglecting so to recognize and find sureties. 6. Whoever establishes or promotes an exhibition of the Penalty for exhibfighting of birds or animals, shall be punished by fine not exceed- itingthefighting n 3 —--— 3 ~~~~~~~~~~~~~~~~~~~~of birds, &c. ing one hundred dollars, or by imprisonment in the house of Ibid,~79. correction not exceeding six months. Whoever is present at, or aids in, or contributes to such an exhibition, shall be punished by fine not exceeding ten dollars. 7. Any officer authorized to serve criminal process, may enter Persons present at any place, building or tenement, where there is an exhibition of exhibition of fighting of birds or the fighting of birds or animals, or where preparations are being animals may be made for such an exhibition, and, without a warrant, arrest all arrested without warrant. persons there present, and take possession of the birds and ani- 1869, c.435,1. mals engaged in fighting, and of all birds and animals there 36 AMUSEMENTS. 1869, c. 435,. found and intended to be used or engaged in fighting; such persons shall be kept in custody in jail or other convenient place not more than twenty-four hours, Sundays and legal holidays excepted; at or before the expiration of which time such persons shall be brought before a justice of the peace, police or municipal court, and proceeded against according to law. Birds or animals 8. After the seizure of any birds or animals, as provided in to be forfeited and the preceding section, application shall be made to a trial justice, sold. Ibid. 2. police or municipal court, for a decree of forfeiture of the same; and if, upon the hearing of such application, it shall be found and adjudged that the same at the time of said seizure were engaged in fighting at an exhibition thereof, or were owned, possessed or kept by any person with the intent that the same shall be so engaged, they shall be adjudged forfeit, and any officer authorized to serve criminal process shall sell the same in such manner as the court or justice shall order, and pay the proceeds of such sale to the use of the county. Should it be found and adjudged that any such birds or animals are of no use or value, the same shall be let at large, or otherwise disposed of as the court or justice may direct. The claimant shall be allowed to appear in the proceeding upon any such application. Any of such birds or animals not adjudged forfeit shall be delivered to the owner thereof. Expenses incurred 9. The necessary expenses incurred in the care and disposing n car of birds, of such birds or animals may be allowed and paid in the same &c., how paid. Ibid. 4. manner that costs in criminal prosecutions are paid. Penalty for train- 10. Whoever owns, possesses, keeps or trains any, bird or aniing birds or mal with the intent that such bird or animal shall be engaged in animals. Ibid. 5. an exhibition of fighting, shall be punished by fine not exceeding fifty dollars. Penalty for being 11. Whoever is present at any place, building or tenement present at exhibi- where preparations are being made for an exhibition of the fighttion. ibid. 6. ing of birds or animals, with intent to be present at such exhibition, or is present at such exhibition, shall be punished by fine not exceeding ten dollars. Booths, &c., used 12. The mayor and aldermen or selectmen of any place for gaming, &c., upon complaint made to them under oath, that the complainant near public shows, &c., how removed, has reason to believe, and does believe, that any booth, shed, I. 7,~ 10. 1 or other temporary erection, situated within one mile of any muster-field, cattle-show ground, or other place of public gathering, is used and occupied for the sale of spirituous or fermented liquors, or for the purpose of gaming, may, if they consider the complaint well founded, order the owner or occupant thereof to vacate and close the same forthwith. If the owner or occupant refuses or neglects so to do, the mayor and aldermen or selectmen may forthwith abate such booth, shed, or erection as a AMUSEMENTS. 37 nuisance, and pull down or otherwise destroy the same in any G.S.87,~10. manner they choose, or through the agency of any force, civil or military. 13. It shall not be lawful to exclude persons from, or restrict Persons not to be them in, any theatre or public place of amusement, licensed under excledud nor restricted in any the laws of this Commonwealth, or in any public conveyance, or licensed place of amusement. public meeting, or licensed inn, except for good cause. 1s, c. 252, ~ 1. 14. Any person offending against the provisions of the fore- Penalty. going section shall be punished, for each offence, by a fine not Ibid.~2. exceeding fifty dollars. RULES.1 1. No chairs, stools, or seats of any descrip- Noseatstobe placed in passagetion shall be placed across the aisles or passage- ways. ways in the building. 2. No other officers shall be employed for the Police officersor constables to be preservation of order in any licensed place of employed. amusement, than members of the police force, or constables duly appointed by the mayor and aldermen. 3. The board of aldermen reserve the right of Aldermen may examine places of entering all places of amusement at all times, amusement. either individually or collectively, for the purpose of assuring themselves by personal inspection, that matters are properly conducted, according to the tenor of the licenses issued by them; and the same privilege is to be accorded to the chief of police and his deputy. 4. Any infraction of the foregoing statutes, or Licensemay be revoked. regulations of the mayor and aldermen, will be deemed a sufficient cause for the revocation of the license. 1 Rules of mayor and aldermen, passed August 20, 1865. 4 38 AUCTIONEERS. AUCTIONEERS. STATUTES. 8. Penalty on tenants or occupants 1. Board of aldermen may license of any house or store if they auctioneers; Fees. Record. permit unlicensed sales there2. If they refuse, county commis- in. sioners may license. 9. Penalty for selling without li3. Auctioneers to give bond. cense. 4. To keep an account ofsales, &c. 10. Sales of sheriffs, &c., not in5. Penalty for receiving goods for eluded herein. sale from minors, &c. 11. Penalty for fraud or deceit in 6. Where auctioneers may sell. auction sales. Penalty for selling where they 12. Licenses may be granted upon are not authorized. conditions, &c. Penalty for 7. Goods sold, &c., at auction, ex- violation thereof. cept as authorized, shall be forfeited. STATUTES. Board of Alder- 1. The mayor and aldermen and selectmen of any city or town, men may license auctioneers.. Fees. by writing under their hands, may license one or more suitable inRecord. habitants of their respective cities and towns, to be auctioneers Chart. ~ 33. G.. s. 0, 1. within the same for the term of one year, and may receive to the use of the city or town for each license the sum of two dollars. They shall record every license in a book to be kept by them for that purpose. If they refuse, 2. If on application made to them in writing they unreasoncounty commnissioners may ably refuse or neglect to license the applicant, he may, after giv. license. ing them fourteen days' notice, and bonds to pay all costs, apply Ibid. ~ 2. to the county commissioners, who, upon hearing the parties, may grant a license. Auctioneers to 3. Each auctioneer shall, if required, give bonds, in a reasongive bond. able penalty with sufficient sureties to the treasurer of the city or town where he is licensed, with condition that he shall in all things conform to the laws relating to auctions. To keep an ac- 4. Every auctioneer shall keep a fair and particular account count of sales, &c. Ibid. ~ 4. of all goods and chattels sold by him, and of the persons from whom received, and to whom sold. enalty for receiv- 5. An auctioneer who receives for sale by auction any goods ing goods for sale from minors, &c. from a minor, knowing him to be such, or sells by auction any of IMiss. ~ 5. his own goods before sunrise or after sunset, shall forfeit to the use of the town a sum not exceeding two hundred dollars for each offence. Where auctioneers 6. An auctioneer may sell at public auction in any place withImay sell. Penalty for selling where in his county; and when employed by others, may sell real or AUCTIONEERS. 39 personal estate upon the premises where the same is situated in they are not any place within the State. If an auctioneer sells by auction in a sthor zd. any place where he is not authorized to sell, he shall forfeit fifty dollars. 7. If a person sells or offers for sale by auction any goods or Goods sold, &c., chattels in any city or town except as is provided in this chlap- at auction except ter,1 the same shall be forfeited to the use of the city or town, and shall be forfeited. Ibid, ~7. may be seized by the mayor and aldermen or selectmen, and libelled according to the provisions of chapter one hundred and fifty-three of the General Statutes. 8. The tenant or occupant of any house or store, having the Penalty on tenants actual possession and control of the same, who knowingly permits or occiupats of (VVUCInU IIVt~NV~lV any house or store, a person to sell real or personal estate by public auction in such if they permit unlicensed sales house or store, or in any apartment or yard appurtenant to the.e sales same, contrary to the provisions of this chapter,1 shall forfeit a Ibid,~S. sum not exceeding five hundred dollars. 9. If a person, not licensed and qualified as an auctioneer, Penaltyforselling sells or attempts to sell any real or personal estate by public auc- Ibtd, lense. tion, he shall for each offence forfeit a sum not exceeding five 19 ick. 482. 8 Alien, 99. hundred dollars. 8 Allen, 10. Nothing in the preceding sections shall extend to sales Sales by sheriffs, made by sheriffs, deputy-sheriffs, coroners, constables, collectors e ntrein.clude of taxes, executors, administrators, guardians, assignees of insol- Ibid, ~10. vent debtors, or any other person required by law to sell real or personal estate. 11. Every auctioneer or other person who is guilty of fraud Penaltyfor fraud or deceit in relation to any sale by auction, shall for each offence tionr sales. n forfeit a sum not exceeding one thousand dollars. Ibid, ~11. 12. Licenses may be granted upon such c onditions respecting Licenses may be the places of selling goods and chattels within a city or town as granted upon con-II, ~ ~ J""" ditions, &e. the mayor and aldermen or selectmen deem expedient; and if an Penalty for violation thereof. auctioneer makes a sale by auction at a place not authorized by tbid, t~s2. his license, he shall be liable to like penalties as if he had sold without a license. Chapter 50 of the General Statutes. 40 BILLIARD TABLES AND BOWLING ALLEYS. BLASTING. STATUTE. 2. Penalty for violation of this law. 1. No person to blast rocks or other substance without a license. Proviso. STATUTE. No person to blast 1. No person shall blast any rock or other substance with rocks or other sub- gunpowder or other material within one hundred yards of stance without m t i license. any public place or highway in the City of Boston, without 188,c. 201, ~1. license from the Board of Aldermen or some person designated by them in writing,' specifying the terms and conditions on Proviso. which such license is granted: provided, however, that the remedy of any person injured by the blasting of rocks shall not be affected by this act, nor shall it be considered as applying to the surveyors of highways in the discharge of their official duties. Penalty. 2. Any person who shall, either by himself, his servant Ibid.~ 2. or agent, or by any person in his employ, violate any of the terms or conditions upon which the license as aforesaid shall be granted, shall forfeit and pay, for each and every offence, a sum not less than ten nor more than fifty dollars. BILLIARD TABLES AND BOWLING ALLEYS. STATUTES. 6. Penalty for gaming in inns, &c. 1. Aldermen, &c., may grant 7. Punishment for keeping a cornlicenses to keep billiard mon gaming house. tables, &c. 8. Gaming at musters, &c. 2. Penalty for keeping tables, 9. Gambling on the Lord's day, &c., without license. &c. 3. Minors not to be admitted, ex- 10. Gambling houses may be cept, &c. Penalty. entered and parties arrested. 4. Officers may enter billiard RULES OF MAYOR AND ALDERMEN. rooms, &c., to enforce laws. 5. Penalty on innholders, &c., for 1. Terms and conditions of license. keeping implements for 2. No intoxicating liquors to be gaming. sold.' By vote of the Board of Aldermen, passed August 31, 1868, the Chief of Police was designated as the person to issue licenses for this purpose, until otherwise ordered. BILLIARD TABLES AND BOWLING ALLEYS. 41 STATUTES. 1. The mayor and aldermen or selectmen of any city or Aldermen, &c., town may grant a license to any person to keep a billiard table may grant i.censes to keep billiard or bowling alley for hire, gain, or reward, upon such terms and tables,&c.,forhire, &e. conditions as they deem proper, to be used for amusement G.S 88 ~69. merely, but not for the purpose of gaming for money or other See ~6. property. Such license may be revoked at the pleasure of the authority granting it. 2. Whoever without such license keeps or suffers to be kept Penalty for keeping tables, &e., in a house, building, yard, or dependency thereof, by him itgiout icense. actually occupied or owned, a table for the purpose of playing G.S. 88,s~70 Ibid. 20, ~ 40. at billiards, or a bowling alley for the purpose of playing at bowls, for hire, gain, or reward, or for hire, gain, or reward suffers any person to resort to the same for such purpose, shall forfeit for every such offence a sum not exceeding one hundred dollars. 3. The keeper of a billiard room or table, or bowling alley, Penalty for admitwho admits a minor thereto without the written consent of his tG"n. 88,n~"s. parent or guardian, shall forfeit ten dollars for the first, and 18(s, c. 237, ~ 1. twenty dollars for each subsequent offence. 4. Any marshal or his deputy, sheriff or his deputy, con- Officers may enter billiard rooms, &c., stable, police officer, or watchman, may at any time enter into to enforce laws. a billiard room, bowling alley, or other room connected therewith, G. S 88, ~ 72. for the purpose of enforcing any law of the State; and whoever obstructs or hinders the entrance of such officer shall be punished by fine of not less than five nor more than twenty dollars. 5. Every innholder, common victualler, or person, keeping, or Penalty on innsuffering to be kept, in any place occupied by him, any implements holdeps, &c., fib?D keeping, &,c., imsuch as are used in gaming, in order that the same may for hire, plements for gaming fobr money, &ec. gain, or reward, be used for purposes of amusement, who suffers G. S. S8, ~5. any implements of that kind to be used upon any part of his 3Pick. 281, 300. 3 Mlet. 130. premises for the purpose of gaming for money or other property, s Met. 232. or who suffers a person to play at an unlawful game or sport 9c etl 572. therein, shall for the first offence forfeit a sum not exceeding one See ~ 9. hundred dollars, or be imprisoned in the house of correction for a term not exceeding three months; and, for every subsequent offence, shall be imprisoned in the house of correction for a term not exceeding one year; and in either case shall further recognize, with sufficient sureties in a reasonable sum, for his good behavior, and especially that he will not be guilty of any offence against the provisions of chapter eighty-five of the General Statutes, for three years then next ensuing. 6. Whoever in any place mentioned in the preceding section Penalty for gan4* 42 BILLIARD TABLES AND BOWLING ALLEYS. ng in such places, for the purpose of gaming for money or other property, uses or endn lesoroli-ng takes part in using any billiard table, bowling alley, or other imalleys, &c. plements of gaming, or there plays at an unlawful game or sport, G. S. 85, ~ 6. or, for the purpose of such gaming, uses or takes part in using a billiard table or bowling alley kept by a person licensed as provided in chapter eighty-eight of the General Statutes, shall forfeit a sum not exceeding fifty dollars for each offence. Punishment for 7. Whoever keeps a common gaming house, or in a building, keeping common booth yard, or garden, by him actually used and occupied, comgaming house. o ibid. ~7. monly keeps or suffers to be kept, any tables or other apparatus G.. 8,~ 7. for the purpose of playing at any unlawful game or sport for money or any other valuable thing,1 shall for every such offence forfeit a sum not exceeding one hundred dollars, and be committed to the house of correction for a term not exceeding six months and not less than thirty days; and shall also recognize with sufficient sureties in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against the provisions of chapter eighty-five of the General Statutes, for three years next ensuing.2 Gaming at muster, 8. Whoever during, or within twelve hours of the time of holdiid.. ing, a cattle-show, military muster, or public gathering, within one mile ofthe place t hereof, practises or engages in any gambling or unlawful game, shall forfeit for each offence a sum not exceeding twenty dollars. If he is discovered in the act, he may be arrested by any sheriff, deputy-sheriff, constable, or other civil officer, and lawfully detained, by imprisonment in jail or otherwise, not exceeding twenty-four hours, until a complaint is made against him for the offence. Penalty on inn- 9. Any innholder, common victualler, or person keeping or holders, &c., who suffering to be kept in any place occupied by him, implements such permit implements - of gaming to be as are used in gaming, in order that the same may, for hire, gain, used on Lord's or reward be used for purposes of amusement, who, on the Lord's day, &c. p u ro G. s. 84, ~11. day, uses, or suffers to be used, any implements of that kind upon See ante, ~5. any part of his premises, shall for the first offence forfeit a sum not exceeding one hundred dollars, or be imprisoned in the house of correction not exceeding three months; and for every subsequent offence shall be imprisoned in the house of correction for a term not exceeding one year; and in either case, shall further recognize, with sufficient sureties, in a reasonable sum for his good behavior and especially that he will not be guilty of any offence against the 1 For penalty for exhibition of fighting birds or animals, see amusements, ante. 2 The provisions of Gen. Stats. c. 88, ~ 32, shall apply to the erection, occupation, or use of buildings for bowling alleys in any city. See Buildings, post. BILLIARD TABLES AND BOWLING ALLEYS. 43 provisions of this section, for the space of three months then next "Lord's day," ensuing. The Lord's day shall include the time from midnight to hat it includes. G.S. 84, ~ 12. midnight. 10. If a person makes oath before a justice of the peace or po- Common gaming lice court that he suspects, or has probable cause to suspect, that hoes to bpare a house or other building is unlawfully used as and for a common arrested. G. S. 85, ~ 8. gaming-house, for the purpose of gaming for money or other prop- 1 Met. 79. erty, and that idle and dissolute persons resort to the same for that purpose, such justice or court, whether the names of the persons last mentioned are known to the complainant or not, shall issue a warrant commanding the sheriff, or his deputy, or any constable, to enter into such house or building, and there to arrest all persons who are there found playing for money or otherwise, and also the keepers of the same, and to take into their custody all the implements of gaming as aforesaid, and to keep said persons and implements so that they may be forthcoming before some court or magistrate, to be dealt with according to law; and whoever is there found so playing, shall forfeit for every such offence a sum not exceeding fifty dollars. RULES AND REGULATIONS.1 1. ORDERED, That the city clerk be directed to Licensehow granted. issue licenses to such keepers of billiard saloons Sept. 24,18G. and bowling alleys, as shall be approved by this board, on the terms and conditions prescribed by law, and also on condition that the several keepers of such saloons and alleys shall pay therefor the sum of five dollars for one alley or billiard table, and three dollars for each alley or billiard table more than one, which is kept under the ownership or control of one individual. 2. ORDERED, That no license shall be hereafter No intoxicating liquors to be sold. issued for any billiard saloon, or bowling alley, March 11,867. in this city, where intoxicating liquors are sold or used on the premises. And any violation of this rule will be considered a good cause for the revocation of any license. 1 Rules and regulations relating to bowling alleys and billiard saloons, passed by board of aldermen September 24, 1860; and March 11, 1867. 44 BOATS AND LIGHTERS. BOATS AND LIGHTERS. STATUTES. nish marks and nails when 1. Board of aldermen shall ap- requested, to keep account of point weighers of vessels, who distance of marks, and give shall be sworn. certificates thereof. 2. Vessels, &c., to be marked. 8. Deduction may be made of one Mlarks; of what material, and ton for every inch. how to be fastened. 9. Penalty for not keeping within 3. Duty of weighers. certain bounds while marks 4. Deduction may be made of one are taken. ton for every inch. 10. arks to be examined annually. 5. Persons on board, where to Duty of weigher and inspeckeep while marks are being tor in such examination. His taken. fees. 6. Marks to be examined annu- 11. Stones, gravel, ballast, &c., to ally. Duty of weighers in be inspected. such examination. 12. Mode of inspection. Penalty 7. Fees of weighers. for wilfully hindering any 8. Penalty on owner, &c., for weigher and inspector. neglect to have lighters 13. Penalty for delivering ballast, weighed. &c., without inspection, or 9. Penalty on weigher for placing for altering or counterfeiting false marks, &c. marks or certificates. 10. Cities may establish ordinances 14. Fees for inspecting weight of respecting weighing, &c., stones, ballast, &c. lighters, &c., employed in 15a IFees for weighing lighters, &c. transporting stone, &c. 16. Accounts of weighers and inspectors, what to specify. ORDINANCE. 17. Office hours of weighers and 1. Weigher and inspector in chief inspectors. of lighters, &c., and three as- 18. Penalty on owner, &c., for sistants to be chosen annually, neglecting to have vessels and to be sworn. weighed, &c. 2. Weigher and inspector in chief 19. Penalty on weigher for placing to give bond. false marks, or giving false 3. Duty of weigher and inspector certificates. in chief. 20. Master of lighter to report his 4. Duty of assistant weighers and arrival. inspectors. 21. Master to produce certificates 5. Weighers andinspectors to give when demanded, under a certificates of ballast, &c., in- penalty. spected, and keep accounts, 22. No officer of city to purchase &c. ballast, &c., unless, &c. 6. Lighters, &c., to be marked. 23. Vho shall not be a weigher and 7. Weighers and inspectors to fur- inspector. BOATS ANID LIGHTERS. 45 STATUTES. 1. The mayor and aldermen and selectmen of cities and towns Board of Alderwhere lighters or other vessels are employed in transporting men shall appoint n weighers of vessels, stones, gravel, or sand, shall annually, in March or April, appoint whoshallbe one or more weighers of vessels, who shall be sworn. sworn. G. s. 19, ~ 17. 2. Every lighter or other vessel employed in transporting stone G. S 52, ~ 30. 11 Met. 59. sold by weight, or gravel, or sand, shall be marked on the stem and See ~ 0. stern post nearly level with the bend of the vessel, with stationary vessels, &c., to be marked. marks of bar iron, not less tllan six inches in length, and two and G.. 62, ~ 31. a half inches in breadth, fastened with two good and sufficient iron bolts, driven through said stem and stern post and riveted into said bar iron, from which all other marks shall take their distance in feet, inches, and parts of inches, as the distance may require, fiom the lower edge of the stationary marks to the lower edge of the other marks; which marks shall be as follows: light- Marks. water marks 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. 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 Of what material, the marks shall be of good and sufficient lead or copper, fastened and how to be fastened. on the stem and stern post of each vessel with sufficient nails, not less than one inch in length. 3. Each weigher, when thereto requested, shall furnish the re- Duty of Weighers. quisite marks and nails, and shall cause lighters and other vessels Ibid. ~ 32. to be weighed and marked in conformity with the provisions of the preceding section; and during the time of weighing and marking them, all persons employed on board shall be stationed between the bulkhead and the fore chains. He shall keep a correct account of the distance of each mark below the stationary marks, in feet, inches, and parts of inches, in a book provided for that purpose, and give a certificate thereof, expressing the distance, to the master of every such vessel. 4. In taking the tonnage of every such vessel, a deduction may Deduction may be be made of one ton for every inch that the light-water marks may made ofoe ton for be under water, after such vessel has discharged her loading. Ibid. ~ 33. 5. Every person on board of such vessel, who does not keep persons on board, within the bounds of the bulkhead and fore chains during the time where to keep while marks are of taking her marks, or while any weigher is employed in weighing being taken. or marking, unless in case of absolute necessity, shall forfeit a sum Ibid. ~ 34. not exceeding twenty dollars for each offence. 46 BOATS AND LIGHTERS. Marks to be annu- 6. Such vessels shall have their marks examined annually in luty examinedr June by a sworn weigher, and if the marks agree with their in such examina- former certificates, he shall certify the same accordingly. Othertion. G. s 52, ~ 35. wise he shall keep such certificates in his possession, to be used as 11 Met. 59. evidence against the master or owner of such vessel in any prosecution under the provisions of this chapter,' and such vessel shall be weighed again. Fees of wei-ghers. 7. Each weigher shall receive from the owner or master of a ibid. ~ 36. vessel weighed and marked, twenty cents for every ton of such vessel, and four dollars for furnishing marks, nails, and other necessary articles, fastening the same, and giving the certificate. For the services required by the preceding section, he shall receive one dollar and fifty cents. Penalty for 8. Every owner or master of any such vessel who neglects to seglectinrsto have the same weighed, marked, and examined, according to the have ligislers I,!) weighed. provisions of this chapter,1 or who removes any marks, or alters Ibid.~ 37. his certificate, shall forfeit a sum not exceeding three hundred dollars for each offence. Penalty for placing 9. Every weigher who places any such mark contrary to the false marks, &c. Ibid. ~38. provisions of this chapter,' or who gives a false certificate, shall forfeit a sum not exceeding three hundred dollars for each offence. cities may estab- 10. Any city or town may establish ordinances respecting lish ordinances respecting weigh- marking and weighing of lighters and other vessels employed in ing, &c., lighters, transporting stones, gravel, sand, or other ballast; the inspection &c., employed in transporting stone, and weighing of such ballast within the city or town, and the apIbi. ~;39 pointment and compensation of weighers, markers, inspectors, and other officers necessary to carry the same into effect; and may affix penalties for breaches thereof, not exceeding those mentioned in sections five, eight, and nine; which ordinances, so far as they extend, shall regulate the subject-matter thereof within the limits of the city or town. ORDINANCE.2 Weigheranie SECTION 1. There shall be chosen, annually, in insisector-in-chief, antstbe chosn the month of March or April, by concurrent vote snnyand be of the two branches of the city council, one March 28, 18.. lh. te weigher and inspector-in-chief of lighters and other vessels employed in the transportation of 1 Chapter 52 of the General Statutes. 2 The ordinances respecting boats and lighters are those of April 14,1853; June 24, 1853; April 10, 1854; December 31,1854; February 18, 1857; March 28, 1860; and August 11, 1864. BOATS AND LIGHTERS. 47 stones, gravel, sand, and other ballast, and three March 28,160. assistant weighers and inspectors, who shall severally hold their offices for one year, and until others are chosen in their places, and shall severally be removable at the pleasure of the city council. They shall also be severally sworn to perform faithfully the duties of their office. SECT. 2. The weigher and inspector-in-chief Weigher and inspector-in-chief shall give bond to the city of Boston in the sum togive bond. of one thousand dollars, with sureties to be approved by the board of aldermen, conditioned for the faithful performance of the duties of his office, and for the accounting for all money received by him by virtue thereof. SECT. 3. It shall be the duty of the weigher uty of weigher and inspector-inand inspector-in-chief to remain in the office, re- chief. ibid. quired to be kept by the weighers and inspectors, See~17. during such hours of every business day as the weighers and inspectors are required to keep their office open; to receive all orders for the services of weighers and inspectors; to depute the assistant weighers and inspectors to perform such services; to keep true and full accounts of the official transactions of the weighers and inspectors, and of all money received and expended by them by virtue of their office, and to report the same' quarterly to the city council in January, April, July, and October. SECT. 4. It shall be the duty of the assistant Dutyof assistant weighers and inweighers and inspectors to perform, under the specters. general direction, of the weigher and inpector-in-bid. general direction of the weigher and inspector-in 48 BOATS AND LIGHTERS. June 24, 83. chief, all such services as weighers and inspectors of ballast and vessels are required to perform by the laws of the Commonwealth and this ordinance of the city not herein especially required to be performed by the weigher and inspector-in-chief. They shall also each day account for and pay over to the weigher and inspector-in-chief all fees received by them for their services as weighers and inspectors; and such fees, after deducting the necessary expenses of the office therefrom, shall be divided each week equally between the weigher and inspector-in-chief and the three assistant weighers and inspectors. Duty of weighers SECT. 5. It shall be the duty of the weighers and inspectors. June 24,1853. and inspectors to give a certificate, in such form as is hereinafter provided, to the owner or vendor of all the stones, sand, gravel, or other ballast inspected under the provisions of this ordinance, and to keep an account of all articles inspected, in a book which shall always be kept open to the inspection of owners, vendors, or purchasers of stone, sand, gravel, or other ballast sold by weight. Lighters, &c., to be SECT. 6. Lighters and other vessels employed marked. April 14,1853. in the transportation of stones, gravel, or sand, or other ballast, shall be marked on the stem and stern post with a good and sufficient iron bolt, driven through said stem and stern post, and clinched. From the centre of the head of said bolt, all other marks shall take their distance in feet, inches, and parts of inches as the distance may require, from the centre of the head of the said stationary bolts to the lower edge of the other marks, which marks BOATS AND LIGHTERS. 49 shall be as follows, namely, light-water marks not Apri14,1853. 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 lighter or 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 shall be fastened on the stem and stern post of each lighter or vessel, with sufficient nails, not less than one inch in length; and other marks shall be set on the stem and stern post of every lighter or vessel between every two marks, that the tonnage of the same may be distinguished by a regular progression of two tons. SECT. 7. Every such weigher and inspector eighers and inspectors to furnish shall furnish all the requisite marks and nails mrksand nais ~-1-~~~~~ ~~~when requested, when thereto requested, and shall cause all such an lkeep account of distance of lighters and other vessels to be weighed and meiate, gieof. marked in conformity with the provisions of the Ibid' preceding section; and during the time of so weighing and marking, all the persons on board of such lighter or vessel shall be stationed between the bulkhead and the fore chains thereof. The weigher shall keep a correct account of the distance of each mark from the centre of the head of the stationary bolts, in feet, inches, and parts of inches, in a book to be kept for that purpose, and shall give a certificate thereof, expressing the distance, as aforesaid, to the master of every such lighter or vessel weighed and marked as aforesaid. 5 50 BOATS ANTD LIGHTERS. Deduction may be SECT. 8. In taking the tonnage of every such made of one ton for every in. lighter or vessel, a deduction may be made, after such vessel shall have discharged its loading, of one ton for each and every ton the light-water marks may be under water. Penlty fornot SECT. 9. Every person, on board of any such keeping within rtain bounds lighter or vessel, who shall not keep within the while marks are taken. bounds of the bulkhead and fore chains during the Ibid. time of taking her marks, unless in case of absolute necessity, shall forfeit a sum not exceeding fifty dollars for each offence. Marks to e exam- SECT. 10. Such lighters or vessels shall have ined annually. Duty of weiger their marks examined each year, in the month of and inspector in such examination. June, by some one of the said weighers and inHis fees. Ibid. spectors, and if the marks agree with their former certificates, such weigher and inspector shall certify the same accordingly. Otherwise, he shall keep such certificates in his possession, to be used as evidence against the master or owner of such vessel in any prosecution under any statute of the commonwealth or ordinance of the city of Boston; and such lighter or vessel shall be weighed again. For the services required by this section, the weigher and inspector shall receive one dollar and fifty cents. tones, gravel, SECT. 11. All stones, gravel, sand, or other ballast, &c., to be inspected. ballast brought to the city of Boston by water April 10, 1854. Feb. 18,1857. and sold by weight to be delivered at any place within the said city of Boston, or into any vessel in the harbor of said city, shall be inspected by the weighers and inspectors appointed by the city BOATS AND LIGHTERS. 51 of Boston; provided, that this section shall not Feb.18,1857. Proviso. apply to sand sold for building purposes, unless the purchaser thereof shall request an inspection. SECT. 12. In any case of the sale, by weight, of Modeofinspection. stones, gravel, sand, or other ballast, to be deliv- Aprb 10,1854.' 0??? Feb. 18,1857. ered at any place in the city of Boston, or into any vessel in the harbor of said city, it shall be the duty of one of said weighers and inspectors to go on board of the lighter or other vessel containing the same, and inspect the marks of such lighter or other vessel, before and after the delivery of such stone, gravel, sand, or other ballast; and the person having charge of such lighter or other vessel shall, before such delivery, trim the same so as to make said lighter or other vessel swim at equal marks at stem and stern, if so required by the weigher and inspector, and shall pump all the water out; and in case any person shall wilfully Penalty br wil- ~7 -L ~/ fully hindering hinder any weigher and inspector acting under nylweier and inspector. this ordinance from going on board such lighter or April, 1804. other vessel, or shall begin to deliver therefrom the stones, gravel, sand, or other ballast sold by weight, before such lighter or other vessel shall be trimmed to swim at equal marks, when so required by the weigher and inspector, and the water pumped out, he shall forfeit a sum not exceeding one hundred dollars for every such offence. SECT. 13. Every person who shall deliver Penaltyfordelivering stones, &c., stones, gravel, sand, or other ballast sold byweight, without insection, or for altering when an inspection of the same is required by this or countertbiting marks or certifiordinance, from any lighter or other vessel, which te 184 shall nothave been w~eighed, marked, and inspected, Feb8181874. shall nothave been weighed, marked, and inspected, Fe.'''1857 52 BOATS AND LIGHTERS. Feb. 181857. as is provided herein, or which shall not have been weighed and marked under previous laws or ordinances, or shall alter or counterfeit the marks or certificate of any lighter or other vessel, as aforesaid, shall forfeit a sum not exceeding three hundred dollars for every offence. Fees forinspecting SECT. 14. The fees forinspecting the weight of weight of stones, ballast 854. stones, sand, gravel, or other ballast, shall be five Ag., 184. cents for every ton inspected and delivered, which shall, in all cases, be paid by the vendor of the same, and shall be repaid to him by the vendee. Feeforeighing SECT. 15. Every weigher and inspector apApril14,1853. pointed as aforesaid, shall be entitled to receive, from the owner or master of each lighter or other vessel, weighed and marked by him as aforesaid, the following fees, to wit: twenty cents for every ton of such vessel, and four dollars for furnishing marks, nails, and bolts, and other necessary articles, and fastening the same, and giving the certiProviso. ficate; provided, that no lighter or other vessel which has been once weighed and marked according to law, by the weigher of the city of Boston, shall be subject to any charge for a second weighing or marking, unless it shall appear that her former weight or marks are incorrect or have been changed; and all such lighters or vessels shall be subject to the examination and inspection of every weigher or inspector, without charge, for the purpose of ascertaining whether their weight and marks are correct or have been altered. BOATS AND LIGHTERS. 53 SECT. 16. The accounts to be kept by said Accounts of weighers and inspectors, weighers and inspectors, and the certificates to be what to specify April 14, 1853. given to the owners or vendors of stone, sand, gravel, or other ballast, as described in the preceding sections, shall specify the name of the vendor, the kind of ballast, sand or gravel, or other stone, the weight and the deduction of lightwater marks, the amount of fees received, and the date of certificate. SECT. 17. The weighers and inspectors ap- Officehoursof weighers and pointed as aforesaid shall keep an office, and keep ipectors. the same open from sunrise to sunset,- Sundays, Public Fast, Thanksgivings, the anniversary of American Independence, and other holidays, excepted, —with liberty to close the same from seven to eight o'clock in the forenoon, during the months of April, May, June, July, August, and September, and fiom eight to nine o'clock during the other six months, and from one to two o'clock in the afternoon through the whole year. SECT. 18. Every owner or master of any such enalty on owner &c., for neglecting vessel who shall neglect to have the same weighed, to have vessels weighed, &c. marked, and examined, according to the provis- Ibidions of law or this ordinance or who shall remove any marks or alter his certificate, shall forfeit a sum not exceeding three hundred dollars for every offence. SECT. 19. Every such weigher and inspector Penaltyon weigher for placing false who shall be guilty of placing any such mark, marks,&c. contrary to the provisions of this ordinance, or who shall give a false certificate, shall forfeit a 54 BOATS AND LIGHTERS. April 14, 183. sum not exceeding three hundred dollars for every offence. aster oflighter a to SECT. 20. The master of any lighter or vessel report his arrival. ibid. that has ballast for sale, shall, on arrival, report himself to the office of the inspector. ertificates to be SECT. 21. The master of any lighter or vessel shown when demanded, under that has stones, sand, gravel, or other ballast for penalty. Ibid. sale, shall produce for examination the certificate of marks and measurements of his vessel whenever the same shall be demanded by the inspector, and in case of neglect or refusal to produce them he shall forfeit a sum not exceeding fifty dollars. No officer of city to SECT. 22. No officer or agent of the city purchase stones, unIbiess. of Boston shall purchase any stones, gravel, sand, or other ballast for said city, or make any contract therefor, or accept the delivery of the same, unless the same shall have been, or before the delivery thereof shall be, weighed and inspected according to the provisions of this ordinance, and a certificate thereof given as is hereinbefore provided; and no bill against the city, arising out of, or connected with, any such purchase, shall be approved or allowed by any committee, passed by the auditor, or paid by the treasurer, unless the, said certificate shall accompany the bill for the same. Who shall notbea SECT. 23. No person who is owner or agent, weigher and inspector. in whole or in part, of any lighter or vessel, or who has any interest therein, having stones, BONDS OF CITY OFFICERS. 55 gravel, sand, or other ballast for sale, shall be April1,1853. chosen, or shall continue to be, an officer under this ordinance. BONDS OF CITY OFFICERS.1 1. What officers give bonds. Pen- 4. Annual examination of the suffialty of bonds. ciency of the bonds of the 2. Form and conditions of bonds. various officers. How approved, &c. Effect of 5. City clerk to provide suitable death or insolvency of any blanks for bonds, &c. surety. 6. Who to have custody of bonds. 3. Bonds of those officers that make contracts, purchases, or sales in behalf of the city. ORDINANCE.2 SECTION 1. The several officers named below shall give bond to the city of Boston, with sufficient sureties, as follows, to wit:The auditor of accounts, in the penal sum of what officersgive bonds. Penalty of five thousand dollars; the chief of police, five bonds. July 17, 1860. thousand dollars; the city clerk, five thousand dollars; the city registrar, five thousand dollars; the city treasurer, one hundred thousand dollars; the harbor master, two thousand dollars; the weigher and inspector-in-chief of lighters, &c., one thousand dollars; the superintendent of Faneuil Hall Market, ten thousand dollars; the superintendent of health, ten thousand dollars; the superintendent of public buildings, five thousand dollars; the superintendent of public lands, five 1 By the city charter, ~ 37, the city council " may require of all persons intrusted with the collection, custody, or disbursement of public moneys, such bonds, with such conditions and such sureties, as the case may in their judgment require." 2 An ordinance in relation to the bonds of city officers, passed July 17, 1860. 56 BONDS OF CITY OFFICERS. July17,1860. thousand dollars; the superintendent of sewers, two thousand dollars; the superintendent of streets, five thousand dollars; the water registrar, five thousand dollars; the superintendent of lamps, five thousand dollars. abilityofsure- The sureties on the bond of the city treasurer Ibid. shall be severally liable only for the sum for which in the bond they agree to hold themselves liable; the sureties on the other bonds shall be jointly and severally liable for the whole penalty of the bond. Form and condi- SECT. 2. The form and conditions of the bond tions of bonds. ow approved, &c. given by each officer shall correspond with, and Ibid. be applicable to, the duties to be performed by such officer; shall be such as the city solicitor shall approve; and the sureties on each bond, and the bond itself, shall be approved by the board of aldermen. The bond of each of said officers hereafter elected, except the city clerk, shall be executed, approved, and delivered before the offiEffectofdeathor cer enters upon the duties of his office. In case insolvency of any surety. of the death or insolvency of any of the sureties on Ibid. any bond so given, the officer who has given such bond shall immediately give a new bond with sufficient sureties, as hereinbefore provided; and if such officer shall fail to give such new bond within a reasonable time after notice to do so, it shall be a sufficient cause for removal from office. Bonds of officers, SECT. 3. In the bond of any officer whose dumaking contracts, tc.i behalf f ty requires him, in behalf of the city, to make conIbid. tracts, or purchases, or sales, there shall be a condition inserted in substance as follows: " that he BONDS OF CITY OFFICERS. 57 will not directly nor indirectly, for himself or July7, 1860. others, or by others in trust for him or on his account, have any interest or concern in any contract, or agreement, or purchase, or sale, made by him in behalf of the city." SECT. 4. Each year in the month of June there Annualexamination of the suffishall be appointed a joint committee, consisting ciency of bonds. of two members of the board of aldermen, and three of the common council, whose duty it shall be to examine the bonds of the aforesaid officers, and report upon the sufficiency of the same; and in case any bond is found insufficient, and a new sufficient bond is not given and approved, in accordance with the provisions of this ordinance, within thirty days after notice from said committee, the city council, upon the facts being reported to them, may declare such bonds insufficient; and if the officer who has given such bond so found to be insufficient and who has failed to give the new bond required, is elected by the city council, they may remove him from his office, and proceed to fill the vacancy. SECT. 5. It shall be the duty of the city clerk City Clerk to provide blanks for to provide from time to time suitable blanks for bonds. the bonds of the said officers, and to furnish the same free of charge, to the said officers, when requested. SECT. 6. The city treasurer shall have the cus- Custodyofbonds. tody of the bond of the auditor of accounts; all the other bonds shall be kept in the custody of the auditor of accounts. 58 BOUNDARY LINES. BOUNDARY LINES.1 STATUTES. 2. Between Boston and Brookline. 1. Perambulation of city lines. 3. Between Boston (Roxbury) and 2. Notice of to adjoining cities and Brookline. towns. Penalty for neglect. 4. Between Boston (Roxbury) and 3. Monuments to be erected, ex- West Roxbury. cept, &c. 5. Between Boston (Dorchester) 4. Penalty on officers for neglect, and West Roxbury. DESCRIPTION OF LINES. 6. Between Boston (Dorchester) 1. Line between Boston and Chel- and Hyde Park. sea. STATUTES. Perambulation of 1. There shall be a perambulation of town 2 lines, and they city lines.. s t, ~s. shall be run and the marks renewed, once in every five years, by two or more of the selectmen of each town, or such substitutes as they in writing appoint for that purpose. After every such renewal the proceedings shall be recorded in the records of the respective towns. Notice of, to ad- 2. Previously to a perambulation, the selectmen of the most joining cities and towns. Penalty ancient of the contiguous towns shall give ten days' notice, in for neglect. writing, to the selectmen of the adjoining tdwn, of the time and Ibid ~ 4. place of meeting for such perambulation; and selectmen who neglect to give such notice or to attend, either personally or by their substitutes, shall severally forfeit twenty dollars, to be recovered on complaint to the use of the commonwealth, or by action of tort to the use of the town whose selectmen perform their duty. Monuments to be 3. The selectmen of the contiguous towns shall erect at the Ibid. 15, ~ 5. t, except, &c.' joint andc equal expense of such towns, permanent monuments to designate their respective boundary lines at every angle thereof, 1 For changes of lines, at various times, between Boston, Roxbury, Dorchester and -Brookline, see edition of Laws and Ordinances, 1863, p. 48. See also in this edition, "Dorchester," "Roxbury," and " South Boston" post. 2 All laws relating to towns shall apply to cities so far as they are not inconsistent with the general or special provisions relating thereto; and cities shall be subject to the liabilities, and city councils shall have the powers, of towns; the mayor and aldermen shall have the powers and be subject to the liabilities of selectmen, and the city clerks, treasurers, and other city officers, those of corresponding town officers, if no other provisions are made in relation thereto. G. S. 19, ~ 2. BOUNDARY LINES. 59 except where such lines are bounded by the ocean or some per- G.S. 1,~5. manent stream of water. The monuments shall be of stone, well set in, and at least four feet high from the surface of the ground; and the initial letter of the respective names of such contiguous towns shall be plainly and legibly cut thereon; but it shall not be necessary to erect a new monument in a place where a permanent stone monument two feet in height above the surface of the ground already exists. 4. A selectman who refuses or neglects to perform any duty Penalty on officers shal fofei twntyfor neglect. required of him by the two preceding sections, shall forfeit twenty Ibid. 7. dollars to the use of the commonwealth. BOUNDARY LINES. 1. By an order passed by the city of Boston in 1854, and as- Line between Boston and Chelsea. sented to by the town of Chelsea, July 10 of the same year, the line July 10, 18ls. between Boston and Chelsea was established as follows: Begin- City Records, vol. 32, p. 499. ning at a point 405 feet from the southerly side of Marginal street, in Chelsea, measuring southerly in the line of the easterly side of the solid wharf of the Winnisimmet Company; said point being in the Harbor Commissioners' line, on the Chelsea side of Chelsea Creek, as said line was established by the act of the legislature of Massachusetts of the 2d of May, 1849; and as the said line is de- 1849, 204. scribed in the published City Ordinances, revised by P. W. Chandler, Esq., pages 168 and 169; and from said point running easterly on said commissioners' line, to the westerly side of Chelsea Free Bridge, so called; thence, still easterly, and at right angles to said bridge, to the easterly side of said bridge. It was also provided, that when said commissioners', or harbor line, shall be, by law, continued or established, up said Chelsea Creek, on Chelsea side thereof, as far as Bass Creek, so called, then, and from thenceforth, the boundary line between the city of Boston and the town of Chelsea, shall be coincident with said commissioners', or harbor line, so continued and established to said Bass Creek. 2. By the last perambulation cf the lines between the city of Boston and the town of Brookline,1 the bounds were described as follows: Beginning at a stone post marked Bo. on the easterly side and Between Boston Br. on the westerly side, standing on the Boston and Roxbury and Brookline. City Records, vol. 44, p. 669. 1 Sept. 26, 1866. By an act passed February 22, 1825, (chap. 90, 1824,) it was provided, that the agreement made by and between the mayor 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 60 BOUNDARY LINES. City Records, Milldam, westerly from the new filling sluices erected in said dam vol. 44, p. 9. (the old sluices referred to in the act of February 22, 1825, entitled "An act relative to the boundary lines of the city of Boston and the town of Brookline " having been removed); thence running northwesterly from said post, at an angle of one hundred and fifteen degrees, from the milldam, 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 boundary lines of Boston, Brookline, and Roxbury meet each other, being the same lines mentioned and described in the above recited act. Between Roxbury 3. In the last perambulation of the lines between that portion and Brookline. of Boston formerly included in the city of Roxbury, and the town Roxbury Records, v. 7, p. s31. of Brookline,1 the bounds were described as follows: Beginning in the full basin at the junction point of the boundary lines between the cities of Boston and Roxbury and the town of Brookline, thence in a direct line to the mouth of Muddy Brook (so-called); thence by the channel of said brook, crossing and recrossing the milldam road (so-called) to a stone monument on Washington street marked R. and B.; thence continuing by the channel of said brook through the estate of James O. Ward to a stone monument standing in the middle of said brook and forming the junction point of the boundary lines between the city of Roxbury and the towns of West Roxbury and Brookline, said stone being marked W. R., R. and B. 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 milldam; thence running northwesterly from the said point (a) at an angle of 115 degrees from the milldam, 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 Ioxbury meet each other. It was further enacted, that the boundary lines between the counties respectively 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, anything in any former act to the contrary notwithstanding: provided, however, that the several laws regulating the erection of buildings within the city of Boston, should not extend to the land thereby transferred from the said town of Brookline to the said city. By an act passed March 3, 1826 (chap. 128,1825), the tract of land annexed to the city of Boston by the preceding act, was made a part of ward numbered six in said city. 1 November 10, 1864. BOUNDARY LINES. 61 4. In the last perambulation of the lines between that portion Lines between of Boston formerly included in the city of Roxbury and the town Roxburyand West lRoxbury. of West Roxbury,' the bounds were described as follows: Roxbury Records, v. 7, p. &~,2. Beginning at a stone monument standing in the yard of S. A. Brittan, and forming the junction point of the boundary lines of the city of Roxbury, and the towns of West Roxbury and Dorchester (said stone being marked R., W. R., and D.), thence in a direct line four hundred and seventy five feet across the Brush Hill turnpike, to a stone monument standing in the northerly line of Seaver street marked R. and W. R.; thence by said northerly line of Seaver street to a stone monument standing on the easterly side of Shawmnut avenue marked R. and W. R.; thence in a direct line to a stone monument standing on the southeasterly side of Boylston street at its junction with School street, marked R. and W. R.; thence in a direct line to a stone monument standing on the southeasterly side of Centre street, nearly opposite Cross and Perkins streets, marked R. and W. R.; thence in a direct line to a stone monument standing in the brook which flows through the estate of James 0. Ward marked R. W. R. and B., said stone forming the junction point of the boundary line of the city of Roxbury and the towns of West Roxbury and Brookline. 5. In the last perambulation of the lines between Dorchester2 Lines between Dorchester and and West Roxbury, the bounds were described as follows: West Roxbnry. Commencing at the stone monument standing erect near the fence or wall between the land now or formerly of S. A. Brittan and M. P. Wilder, making the corner of the bounds between Dorchester, Boston and West Roxbury, and marked D. B. & W. R.; thence running southwesterly to a stone monument standing near the junction of Columbia street and Brush Hill avenue, marked D. & W. R.; thence south, thirty-three degrees west, one hundred and nine rods, twenty-two links, to a stone monument standing in the road, marked D. & W. R., near the late Ebenezer Wales' barn; thence on the same course, one hundred and seventy rods, three links, to Back street (Dorchester); thence on the same course, sixty-seven rods, twenty-two links, to a monument standing in the road by the Freshmeadow, marked D. & W. R.; thence 1 November 12,1864. The town of West Roxbury was incorporated by an act of the legislature passed May 24, 1851, (chapter 250) and the line of division between Roxbury and West Roxbury is described therein. 2 For annexation of that portion of Dorchester now known as South Boston, see " South Boston." For annexation of Thompson's Island, previously a part of Dorchester, see "Harbor." For annexation of town of Dorchester, see "Dorchester." See, also, chap. 468, 1855. 6 62 BOUNDARY LINES. Lines between south, thirty-eight degrees, thirty minutes west, seventy-eight Dorchester and rods, six links, to a monument marked D. & W. R., standing in the road near the late Benjamin P. Williams' house; thence on the same course, eighty-nine rods, fifteen links, to a monument marked D. & W. R., standing erect in Walk Hill street (West Roxbury); thence south, sixty-four degrees, thirty minutes west, two hundred and fourteen rods, fifteen links, to a monument marked D., W. R., H. P., in the street (called Oakland street, Dorchester, and Ashland street, West Roxbury), near Timothy Paine's house, making the corner of the bounds between Dorchester, West Roxbury, and Hyde Park. 6. The lines between the towns of Dorchester and Hyde Park were located by an engineer appointed by the town authorities in 1869, as follows: Lines between Commencing at a stone monument standing on the easterly D)orchester and Hlyde Park. side of Oakland street, (Dorchester), and Ashland street, (West Roxbury), making the corner bounds between Dorchester, West Roxbury and Hyde Park, and marked D.,W. R. and H. P.; thence by a course south, thirty and a half degrees east, about three hundred and sixty-five feet, to a monument standing on the westerly side of Oakland street, marked D. & H. P.; thence by the same course about one thousand six hundred twenty-seven feet, to a monument standing on the southerly side of Back street, marked D. & H. P.; thence on the same course about three thousand three hundred and twenty feet to the centre line of the Boston, Hartford and Erie Railroad. at a point one thousand four hundred feet easterly from the easterly side of River Street Bridge; thence by the same course, about seven hundred and eighty-five feet, to a stone monument standing on the northerly side of River street, marked D. &. H. P.; thence by the same course, about eight hundred and thirteen feet, to a stone monument standing on the northerly bank of the Neponset river, marked D. & H. P.; and thence by the same course to the middle of said river, the Milton line. 1 Hyde Park was incorporated by an act passed April 22, 1868 (chap. 139); amended May 1, 1868 (chap. 167). The town lines are described in the acts. BRIDGES. BRIDGES.1 STATUTES, &c. rated, &c. Authorized to 1. Incorporation of Dover Street take toll. (Boston South) Bridge; 15. City authorized to purchase length, cost, when opened, Chelsea Point Bridge. &c. 16. Highway authorized to be laid 2. Proprietors authorized to trans- out over said bridge, &c. fer to city. To be toll free. 17. Chelsea Street (Free) Bridge 3. Transfer to city; made a high- incorporated, &c. way. 18. Highway to be laid out over 4. Federal Street (Boston Free) Chelsea Free Bridge, &c. Bridge incorporated. Au- Bridge how maintained. thority to build bridge, &c. Draw. 5. Obligations imposed upon the 19. Meridian Street (East Boston corporation; to devolve on Free) Bridge incorporated. city government when they Power to build free bridge assume the care of the bridge; from Chelsea to East Boston. purchased by the city. 20. Materials, &c. Draw to be 6. City authorized to maintain opened on demand. Penalty, wharves or piers on both &c. sides of the Free Bridge. 21. Corporation liable for damage Proviso. to travellers, &c. 7. Penalty for injury to bridge, 22. City authorized to purchase the &c. bridge. 8. Right to use wharves, &c., to 23. Charles River Bridge Company cease when, &c. chartered. Conveyance to 9. Wharves, &c., not to be within Commonwealth. Declared forty feet of other wharves, free. &c. 24. Warren Bridge Company char10. City may widen Federal Street tered. Commonwealth asBridge. sumed conttol. Declared 11. Mount Washington (Avenue) free. Bridge incorporated. Power 25. Commissioners appointed to to build free bridge, avenue, wideni draws of Charles River and street and railroad and Warren bridges. track. 26. Expense of widening draws to 12. City empowered to take the be paid for out of bridge rights of the corporation on funds. terms to be agreed upon. 27. Expense of maintaining bridges 13. City authorized to build abridge and draws to be apportioned over Fort Point Channel in between Boston and Charlesextension of Broadway. town. Surplus of fund to be 14. Chelsea Point Bridge incorpo- divided. 1 For a more particular account of certain bridges, see edition of Laws and Ordinances, 1863, p. 67. 64 BRIDGES. 28. Award of commissioners when 35. Western avenue, (milldam) accepted by supreme judicial built. Authority to lay court to be final. out same as a public high29. Bridges to become highways way. and to be maintained by Bos- 36. Boston to lay out and accept ton and Charlestown. Com- within one year. missioners on care and 37. City authorized to buildEastern management to consist of one avenue. from each city. 38. City authorized to build a pile 30. Expense of opening draws to bridge across South Bay. be included in cost of main- Draws tobeprovided. Bridge taining. to be built in five years. 31. Boston to keep in repair that part of Warren Bridge conORDINANCE. nected with water works. Middlesex Railroad not re- 1. Names of bridges, &c. leased fron liabilities. 2. Superintendents to be appoin32. West Boston Bridge Company ted, &c. chartered. 3. Duties of superintendents. 33. Canal bridge (Craigie's) incor- 4. Assistant superintendents. porated. 5. Penalties for injuring bridges, 34. West Boston Bridge and Canal &c. bridge surrendered to Cam- 6. Repealing clause. bridge, and made free. DOVER STREET BRIDGE.' Incorporation 1. By an act passed March 6, 1804, William Tudor, Gardiner of Boston outh Bridge. Greene, Jonathan Mason, and Harrison Gray Otis, and those who 1803, c. 13. should become their associates, were made a corporation under the name of'" The Proprietors of the Boston South Bridge," with power to construct a bridge from the southwesterly part of Boston to Dorchester Neck. The bridge was immediately built, one thousand, five hundred and fifty-one feet in length, at a cost of fifty-six thousand dollars, and was opened for public travel October 1, 1805. The proprietors were authorized by their charter to collect tolls from those using the bridge, and were required to pay five cents a ton to each loaded vessel of above twenty tons register passing through the draw, for the term of seventy years, at the expiration of which period, the franchise was to be surrendered to the commonwealth. The provision for payment to vessels passing the draw was repealed in 1830. Proprietors author- 2. By the act of June 23, 1831, the proprietors of the Boston ized to transfer the South Bridge were authorized to sell to the city of Boston the franchise and materials to the franchise and materials of their bridge, to have and to hold the city of Boston. 1831,. f, ~ 1. same to the said city and its successors forever; provided, that no Formerly Boston South Bridge. See Ordinance, sect. 1, post. BRIDGES. 65 toll or duty should ever be exacted or paid for any travel over To be toll free. 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 the.said bridge sufficiently lighted. By the same act, the proprietors were authorized to surrender their franchise if the city of Boston should not, before September 15, 1831, pay them such sum as should be agreed upon, and receive a transfer. 3. On the 16th of March, 1832, the proprietors were author- Transfer of Boston ized by the legislature to discontinue the bridge as a passway, and South Bridge to the city. to take up and remove the materials between that time and Au- 832, c. 136. gust first of that year, unless the city of Boston, before the first day of May, of that year, should pay them such sum as should be agreed upon for a sale and transfer of the franchise and materials to the city. On the 2d of April, the proprietors offered to sell to the city for a sum not less than thirty-five hundred dollars. This offer was accepted by the city council, and the bridge was made a public highway. A deed was executed accordingly, dated April Records of Suffolk 19, 1832, in consideration of three thousand five hundred dollars, deeds. Lib. 360, fol. 50. conveying to the city of Boston, and its successors, "all 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 provisos, terms, duties, conditions, and tenure in the aforesaid acts of the said commonwealth set forth and expressed." FEDERAL STREET BRIDGE.1 4. By the act of March 4, 1826, Nathaniel Whittemore, Noah Federal street Brooks, Cyrus Alger, William Wright, and others, were made a bridge authority to build. corporation by the name of the Boston Free Bridge corporation. 125, c. 147, ~~ 1, 2. The corporation was authorized to build a free bridge across the channel from or near Sea street, in Boston, to the newly-made land at South Boston, 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. 5. It was further enacted that no toll or duty should ever be Obligations iml Formerly " Boston Free Bridge." See Ordinance, sect. 1, post. 6* 66 BRIDGES. posed upon the exacted or paid, for any travel over said bridge, or passing the Icorporati. draws of the same; and that said corporation should always be Ibid, ~ 3. 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 that 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; proObligations tode- videc, that whenever the city government of Boston should asolve on city gov- sume the care and obligations of keeping said bridge in repair, ernment, when they shall assume lighting the same, and providing facilities for raising said draw thecareofbridge or draws, as aforesaid, then the obligations imposed on said corporation to that effect should 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. In 1828 the city purchased the bridge and abutments, wharves, &c., which had been partially constructed by the corporators.1 city of Boston 6. By an act passed March 18, 1831, the city of Boston was authorized to maintain wharves, authorized to construct and maintain such wharves or piers, on &., on both sides either or both sides of this bridge, as shall be necessary for the of the bridge. 830, c. 121m, ~. 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. Penalty fbr injury 7. If any person shall wilfully do any injury ordamage to said Ibidg. c. 2 bridge, said wharves or piers, or shall disturb 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 coinm nwealth, to be re1 By the deed of the corporation, lib. 331, fol. 13, which was executed by Francis J. Oliver, 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 Gardiner Green, 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. BRIDGES. 67 covered by indictment, or information in any court of competent 8s0,121,~2. 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. 8. Whenever the wharves or piers erected, or which shall be Rightto use erected by the authority of the said act, shall be used or improved wharves, &c., sha" for any other purpose or purposes than those therein specified, all Ibid. ~3. right and authority to maintain them shall cease, and be void. 9. No part of the wharves or piers, which the city of Boston Wharves, &c., not is authorized to construct by virtue of the act last cited, shall be fet be ithen f,,rty maintained within the distance of forty feet of any wharf or pier wharves, &c. which shall have been, or may hereafter be, lawfully constructed by any individual or individuals. 10. By an act passed April 24,1869, the city of Boston was City may widen authorized to widen Federal Street Bridge, in said city, to a width Bridge. equal to the width of said Federal street; provided, that all things 1869, c194. done under said act should be subject to the determination and approval of the harbor commissioners, as provided in section four, of chapter one hundred and forty-nine, of the acts of the year eighteen hundred and sixty-six. MOUNT WASHINGTON AVENUE BRIDGE. 11. By an act passed April 28, 1853, Benjamin T. Reed, Dem- corporation authorized to coning Jarves, Eben Jones, and their associates and successors, were struct bridge.n incorporated as the Mount Washington Avenue corporation, and 1853, c. 255, ~~, 2. were authorized and empowered to construct a pile bridge, not exceeding seventy feet in width, from a point between Wales' Wharf and Foundry Wharf, on Sea street, in Boston, across Fort Point Channel, to the harbor line as established by the act of March 17, 1840, with a suitable draw and draw piers, which are subject to be altered and widened at the expense of the corporation and its assigns, as the legislature may from time to time require. The said corporation were also empowered to build a May construct solid avenue, not over eighty feet wide, and to be provided with avenue and street. 1853, c. 255, ~~ 3, 4, convenient draws and sluiceways from the, easterly end of the 8s,.10,15. bridge, over the flats of the shore owners, within the line of private rights, parallel with West Broadway, to a point in I street, continued, and thence easterly to the uplands owned by the city; and also a street, not over seventy feet in width, from the westerly end of the bridge to Sea street; and to construct and maintain, under the direction of the mayor and aldermen, a double railroad track, Railroad track. for horse power only, through the whole, or any part of the avenue, bridge, and street, to Sea street, and thence to the Boston 68 BRIDGES. 1853, c. 255, ~~ 3,4, and Worcester Railroad. The corporation were required, before 8,9, 10, 15. commencing the construction of the bridge, to give bonds, with satisfactory sureties, to the attorney-general of the commonwealth, in the sum of ten thousand dollars, that the draw shall be properly raised until the bridge be transferred tod and accepted by the To be toll free. city. The street, bridge, and avenue are to be open for public travel, free of toll; and the act was to be void unless the bridge, street, and avenue were completed in three years from its passage. city of Boston em- 12. The city of Boston was empowered by the act to take and nowered to take hold all the rights and powers granted to said corporation, on such rights of the cor- terms as could be agreed upon between said city and said corpororaionon erms, ation, and to construct and maintain, or maintain after they are Ibid, ~ 7. constructed, the said street, bridge, and avenue; and in case of such transfer, the city is subjected to the same duties as are imposed by the act upon the corporation.' BROADWAY BRIDGE. city authorized to 13. By an act passed April 25, 1866, the city of Boston was build a bridge over Fortrointchan- authorized to build a bridge across Fort Point Channel, at the nelin extension of place where Broadway, if continued in a straight line, or nearly a Broadway. 1866, c. s88. straight line, from South Boston to Boston proper, would cross said channel; and for that purpose to drive piles in said channel, necessary therefor, and also for such draw-piers as may be deemed expedient and proper for the public welfare and its own convenience; and said bridge, so constructed, shall be provided with good and suitable draws, which said city shall open and close at all times for the accommodation of vessels having occasion to pass the same; and the lines of the piles of the structure shall be driven in the direction of the current; provided, however, that this structure shall be erected under the direction and supervision of the board of harbor commissioners, and in such manner as in the opinion of said commissioners shall be in accordance with the mode of construction described and recommended in the seventh report of the 1 On the 4th of August, 1854, the city entered into a contract with the Mount Washington Avenue Corporation, that the said corporation should, within three years, construct the avenue from Granite street to I street, and transfer all their right, title, and interest in the same to the city; and that the city should have authority, under said corporate power, to construct the bridge, avenue, and street, by such parties as they might select for the purpose. On the 7th of August, 1854, the city executed a contract with the Boston Wharf Company to build the street, bridge, and avenue described in the charter of the corporation, within one year, for the sum of $60,000; the said company to release Granite street to the city, and to allow the city rights of drainage into the sea. BRIDGES. 69 United States commissioners on Boston harbor, made to the city 186, c.188. of Boston, in the year eighteen hundred and sixty-four.1 CHELSEA POINT BRIDGE. 14. By the act of April 1, 1835, Joseph Burrill, Joseph Chelsea Point Belcher, and John W. Tewksbury, were incorporated as the Bratidgecorp proprietors of Chelsea Point Bridge, with power to build, within 1835 c. 100. three years, a free bridge, not less than twenty feet wide, across the creek between the westerly side of Pulling Point, in Chelsea, and the easterly side of Belle Isle, in Boston. By an act passed March 24, 1843, the proprietors of said Authorizedto take bridge were authorized to collect certain tolls therein set forth,,l e. 91. for passage over said bridge, said privilege to continue for ten years from April 1, 1843. It was provided that " all scholars while going to and from school shall be permitted to pass free of toll." 15. By an act passed April 17, 1849, the city of Boston cityauthorized o purchase Chelsea was authorized and empowered to purchase the franchise of Chel- point Bridge. sea Point Bridge, with all the rights and property incident 1849,. 106, ~ 1. thereto. 16. The mayor and aldermen of the city of Boston, as county A highway authorized to be laid out commissioners therein, were authorized to lay out a highway over o er aid braidge, so much of Chelsea Point Bridge, and the tide waters thereat, as &c. is within the city of Boston. That portion of the bridge was laid 2 out as a highway July 1, 1850. The county commissioners, or those at any time thereafter holding the like authority, were authorized and empowered to lay out a highway over so much of Chelsea Point Bridge, and the tide waters thereat, as is within the town of North Chelsea; and also to lay out a highway over the tide waters between 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. CHELSEA STREET BRIDGE.2 17. By an act of the legislature, passed March 28, 1834, Benja- ChelseaFree min T. Reed, Amos Binney, John Henshaw, and others, were Bridge icorpoincorporated as proprietors of the Chelsea Free Bridge; and they 1834,c. 30. were authorized to construct a free bridge, twenty-five feet in width, across Chelsea Creek, from Noddle's Island to Shurtleff's farm in Chelsea. 1 The resolve and orders for the extension of Broadway from Federal street to Albany street were passed by the City Council May 3, 1869. See City Doe. 31, 1869. 2 Formerly Chelsea Free Bridge. See Ordinance, sect. 1, post. 70 BRIDGES. Is;4, c. so. The bridge, six hundred and ninety feet in length, was opened for public travel in October, 1834. In 1835, the proprietors of the bridge conveyed the property to the trustees of the Ferry Company. In 1848, the bridge was rebuilt at a cost to the Ferry Company of four thousand six hundred and seventy-eight dollars and fifteen cents. Highway to be laid 18. By the act of April 17, 1849, the mayor and aldermen of out over Chelsea Free Bridge and the city of Boston, as county commissioners therein, were authorthe tide waters ized and empowered to lay out a highway over so much of Chelthereat. 1849, c. 109, ~. sea Free Bridge, and the tide waters thereat, as are within the city of Boston; and the commissioners, 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 Bridge, how to be the town of Chelsea; the said bridge to be maintained with good and sufficient materials, and not less than twenty-five feet wide, with sufficient railings for the protection of passengers, and a Draw. good and sufficient draw not less than twenty feet wide, with proper piers above and below the draw, for the accommodation of vessels passing through the same.1 MERIDIAN STREET BRIDGE.2 Bridge to be built 19. By an act passed May 15, 1855, Henry D. Gardiner, Morfrom Meridian and Condor streets to rill Cole, Watson G. Mayo, Noah Sturtevant, George W. Gerrish, 1859, e tsa, Henry Jones, their associates and successors, were made a corpo~~1,2. ration by the name of the East Boston Free Bridge, and were authorized to build a free bridge across Chelsea Creek from the corner of Condor and Meridian Streets, in Boston, to Pearl Street, in Chelsea. Materials, width, 20. The bridge was to be of good materials, not less than forty railings, draw, to feet wide, with sufficient railings for the protection of passengers, 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. The portion of the bridge and road in the town of Chelsea having been permitted to get out of order, and said town having declined to repair the same, alleging that it would be of no benefit to that town, the city of Boston, by an order of the city council, approved June 27, 1855, paid to the town of Chelsea eight thousand four hundred and seventy-three dollars, on condition that said town would give a bond to the city of Boston to keep its portion of the road and bridge in good order and repair for the future, which bond was given to the city July 12, 1855, in the penal sum of ten thousand dollars; and said bridge is now a public highway, which the two cities of Chelsea and Boston are bound to keep in repair. 2 Formerly East Boston Free Bridge. See Ordinance, sect. 1, post. BRIDGES. 71 with a pivot or turn-table draw, with two openings, each not less be opened on than sixty feet wide; which draw shall at all times, on demand, be demand, &c. opened for the passage of vessels that cannot pass under said bridge. A forfeiture of not more than ten, nor less than two dollars Forfeiture for detaining vessel was provided, in case any vessel desiring to pass the bridge should more than thirty be detained more than thirty minutes, payable to the owner or minutes. owners of such vessel. 21. Said corporation was to be liable for all damages to trav- Corporation liable in damages, ellers over the said bridge, happening through any defect in the ^hen, &e. same, in the same way and manner as the towns are liable for defects in public highways and bridges. 22. By an act passed April 14, 1856, the city was authorized to City authorized to purchase the purchase the bridge which the East Boston Free Bridge Company bridge. were authorized to build, and also any other property of said cor- 185, c. 109. poration, and were also authorized to construct such guards or piers as the safety of said bridge might require.1 CHARLES RIVER AND WARREN BRIDGES. 23. The Charles River Bridge Corporation was chartered by an Charles River act of the legislature passed March 9, 1785; and the bridge was Bridtger Coman opened for travel June 17, 1786. In 1841, the legislature appro- 1784, c. 53. priated $25,000 to be paid to the proprietors of the bridge for a conveyance to the commonwealth of the property and franchise Conveyance to the of the corporation. The receipts from tolls charged by the State 4mmonwealth on this bridge and Warren Bridge, were sufficient to establish a fund of $50,000; and on the 1st December, 1843, the bridges were declared free, and so remained until June 1, 1854, when the Declared free. 1858. income of the fund being found insufficient to sustain the bridges, and a large portion of the principal having been expended, tolls were again imposed on both bridges, to continue until a sufficient sum should be received to rebuild the Charles River Bridge, and repair the Warren Bridge, and to leave in the treasury of the commonwealth a fund of $100,000 for the future maintenance and repair of the bridges. This was accomplished in 1858, and since April 30 of that year both bridges have been free. 24. The Warren Bridge Corporation was chartered in 1828. Warren Bridge Company charThe proprietors were authorized to collect tolls until they were tered. reimbursed the cost of building the bridge and the other necessary 1827, c. 127. expenses, with five per cent interest thereon, when the bridge was to revert to the commonwealth. They were expressly limited from taking tolls for a longer period than six years. The bridge 1 The bridge was purchased by the city in December, 1856, and opened for travel at that time. 72 BRIDGES. Commonwealth was built and opened [for travel December 25, 1828. The comassumed control. 1833. cro monwealth in 1833 assumed the control of the bridge, and tolls were received to its use until April, 1836, when the bridge was declared free. It continued free until 1841, when, as above stated, tolls were imposed on both the Warren and Charles River bridges Declared free. until 1843. From 1854 to 1858, tolls were again charged. Since 1858. 1858, both bridges have been free. Commissioners 25. By an act passed June 8,1868, the supreme judicial court appointed by sueme court, to appointed three commissioners' whose duties were defined by widen draws, &c. chapter 272 of the acts of the year 1869, as follows: 2 1868, c. 322. 1869, c. 272, ~ 1. The commissioners appointed under section one, of chapter three hundred and twenty-two, of the acts of the year eighteen hundred and sixty-eight, shall forthwith cause to be made, in lieu of the existing draws in Charles River and Warren bridges, a draw in each bridge with a clear opening of forty-four feet in width, in such position, and of such form and construction as the harbor commissioners shall determine. Expense of widen- 26. Said commissioners are hereby authorized and directed to aing dra to apply to the construction of said draws so much as may be necesCharles River and sary of the unexpended balance of the Charles River and Warren Warren Bridge fund. bridges fund, and the same is hereby appropriated for that purIbid. ~ 2. pose; provided, that until the completion of said draws, said commissioners shall have the sole charge and management of said bridges and draws, and may apply such portions of said fund as may be necessary to keep the same in repair. Expense of main- 27. Said commissioners, after due notice and hearing, shall, in tainig bridge ando such manner and amount as they shall deem just and equitable, draws to be apportioned between apportion and assess upon the cities of Boston and Charlestown Boston and Chrlestown. Sur- the expense of maintaining and keep ing in repair said bridges and plus of fund to be draws, and shall also at the same time in like manner assign and divided. Ibid. ~. divide to and between said cities, any surplus of said fund remaining unexpended after said draws shall have been widened as above provided, and all other funds and property now belonging to said bridges; and if said fund shall prove insufficient to pay the expense of widening said draws, they shall in like manner assess and apportion such deficiency upon said cities. Award to be final 28. Said commissioners shall return their award into the when accepted by supreme judicial court, sitting for the county of Suffolk, and when Ibid.4. said award shall have been accepted by said court, the same shall be a final and conclusive adjudication of all matters herein referred 1 The commissioners appointed by the court January 9, 1869, were Thomas L. Wakefield of Dedham; Edward S. Philbrick of Brookline; and William T. Davis of Plymouth. 2 Only so much of the act is given as affects the interests of the city of Boston. BRIDGES. 73 to said commissioners, and shall be binding upon all parties; and 1869, c. 272, ~ 4. said court may enforce the same by proper process. 29. Upon the acceptance of said award by the court as afore- Bridges to become said, the said bridges shall become highways, and thereafter said highway, and toe bridges and draws shall be managed, maintained and kept in re- Boston and Charlestown. pair by the cities of Boston and Charlestown, according to the Ibid ~5. terms and proportions established by said award, and all damages recovered in any action at law, by reason of any defect or want of repair in either of said bridges or draws, or neglect or carelessness in the management thereof, shall be paid by said cities on the same terms and in the same proportions. The care and manage- Commissioners to consist of one from ment of said bridges and draws shall be vested in a board of corn- each city. missioners, consisting of one person from each city, chosen in accordance with such ordinances as said cities shall severally establish, and until such commissioners are chosen, the mayors of said cities shall, ex officio, constitute a board of commissioners. 30. The commissioners designated in the first section of this Expense of open ing draws to be act, in apportioning the expense of maintaining snid bridges and ingluded cn ost draws, shall include the expense of opening the draws thereof, and of maintaining. Ibid. ~ 6. affording all necessary and proper accommodations to vessels having occasion to pass the same by day or by night. 31. Nothing in this act shall release the city of Boston from Boston to keep in zn,,.,.,,.. -n n j r~ -TTT n * ^ ~~~ repair that part of its obligations to keep in repair all that part of Warren Bridge Warren Bridge connected with its water works, or from its liability for any connected with water works. damages arising from any defect in or accident to said works, or shall release the Middlesex Railroad Company from any legal Middlesex Rail- obligation now existing, to maintain and keep in repair any por- road not released zn'""'~~~~~~~~~~~ Zn)~7~~~~~~~~~~~~ xfrom liabilities. tion of said bridges, or from any liability for loss or injury that Ibid. ~ 7. any person may sustain by reason of any carelessness, neglect or misconduct of its agents or servants, in the management, construction or use of its tracks on said bridges. OTHER BRIDGES. 32. The West Boston Bridge was incorporated by the act of West Boston March 9, 1792, with the right to collect tolls for forty years, when 1Bridge 1' the franchise was to revert to the commonwealth. By the act of June 30, 1792, this right was given for seventy years, and in 1807, 1792, c. 21. upon the incorporation of the Canal Bridge, the privilege was granted for seventy years from that date. The bridge was built and opened for travel in 1793. 33. The Canal Bridge, more familiarly known as Craigie's Craigie'sBridge. Bridge, was incorporated by the act of February 27, 1807, the 1807, c.88. franchise to continue for seventy years, and then to revert to the commonwealth. The bridge was -opened for travel in August, 1809, and continued a toll-bridge until 1858. 7 74 BRIDGES. West Boston 34. By an act passed May 30, 1857, the Hancock Free Bridge giBridge sudrai- Corporation was authorized to surrender West Boston Bridge and rendered to city of Canal Bridge to the city of Cambridge, and pay to said city $100,Cambridge, and made free. 000; and thereupon said city was to assume the control and 18A5, c. 257, management of the bridges, and maintain them as free avenues forever. This act was accepted by the city of Cambridge, and February 1,1858, the West Boston Bridge and Canal Bridge were made free.1 western avenue 35. The Western avenue (milldam) was built by the Boston (Milldam) built. 1814, c. 39, ~ 3. and Roxbury Mill Corporation, under the authority of their charter Authority to lay granted June 14,1814. By an act passed June 4, 1868, the city of aot Milida hiroa Boston and the towns of Brookline, Brighton and Watertown, as a public highr sy. ~ were authorized, within one year, to lay out and accept as high18,6s, e. 291, ~ 1. ways, so much of' the milldam road, and the roads and bridges heretofore connected therewith in toll franchise, excepting the road known as the cross-dam, as lies within the respective limits of the said city and towns; the said road being the same which was conveyed to the said commonwealth by the Boston and Roxbury Mill Corporation, by indenture dated the ninth day of June, in the year eighteen hundred and fifty-four, and also by indenture dated the thirtieth day of December, in the year eighteen hundred and fifty-six. The said highways, and the said Watertown turnpike, may be laid out of the same width as they were originally laid out; and the said towns and city shall not be liable in so doing for any land damages to any owner or abutter on said ways or turnpike; and upon such laying out and acceptance of the same, all tolls thereon shall be discontinued, and the property of the commonwealth therein, excepting said cross-dalm, shall become vested, severally, in the city and towns aforesaid. Boston shall lay 36. The fourth section of the act provided that if the city out and accept its portion within one of Boston should not lay out and accept the portion of said road year. within its limits, excepting said cross-dam, within one year from 1868, 6. 291, ~ 4. the passage of the act, or within six months after the towns of Watertown, Brighton and Brookline have laid out and accepted the portions within their respective limits, then said roads so lying and being within the limits of the city of Boston, should be and become a public highway to all intents and purposes whatsoever, and the said city should be liable therefor in the same manner and to the same extent as if the same had been laid out and accepted by said city, according to the provisions of the first section of the act.2 1 For a more particular account of these bridges see edition of Laws and Ordinances 1863, p. 82. 2 The road within the limits of this city was laid out and accepted as a highway, by order of the board of aldermen, passed December 7, 1868. BRIDGES. 75 37. By the sixth section of an act passed June 9, 1868, enti- city authorized to tied " an act for the improvement of the harbor of Boston, and the build E stern avenue. commonwealths' flats therein," the city of Boston was authorized s168, c. 326. ~ 6. to build and lay out as a public street, Eastern avenue, with a bridge over Fort Point Channel, having suitable draws, said avenue and bridge to be located and constructed at such places, and upon such plans, and upon such terms and conditions as the harbor commissioners may make, the same to be subject to the approval of the governor and council.1 38. By acts passed March 17, 1869, and June 22,1869, the city City authorized to of Boston was authorized to lay out a public street or way across acossP Suthl Bgy. South Bay, and for that purpose to build a pile bridge, not exceed- 1869, e. 78. 1869, e. 447. ing one hundred feet in width, from the westerly side of South Bay at or near the southerly end of Pine Island Wharf, so called, to the easterly side of said bay; the said bridge to be located in such a direction, that, if continued eastwardly, it would intersect Federal street at or near Dorchester street; and for that purpose the said city of Boston may drive piles in the said bay necessary therefor, and also for such draw piers as may be deemed necessary and proper for the public welfare, and its own convenience; and said bridge so constructed shall be provided with such good and Draws to be prosuitable draws as the harbor commissioners may direct, which vided. said city shall open and close at all times for the accommodation of vessels having occasion to pass the same; provided, that all things done under this act shall be subject to the determination and approval of the harbor commissioners, as provided in the fourth section of chapter one hundred and forty-nine of the acts of the year eighteen hundred and sixty-six. The authority here- Bridge to be built by granted to said city may be revoked at any time; and if said " fiveyears. city shall neglect, for the space of five years, to build and finish said bridge, then this act shall be void.2 ORDINANCE.3 SECTION 1. The North Free Bridge shall be Names of bridges, hereafter called the Federal Street Bridge; the May 11,187. 1 For an account of the Eastern avenue corporation, and the action of the city in regard to the construction of said avenue, see the edition of Laws and Ordinances 1863, p. 74. 2 For Atlantic avenue see streets —post. By an act passed 11th June, 1868 (chap. 352), the Maverick Bridge Company was authorized to erect a bridge over the water between the mainland in the city of Boston and East Boston. The act was repealed by chap. 155 of the acts of 1869. 3 An ordinance relating to bridges, passed May 11, 1857. 76 BRIDGES. May 11,1857. South Free Bridge shall be hereafter called the Dover Street Bridge; the East Boston and Chelsea Free Bridge shall be hereafter called the Chelsea Street Bridge; the East Boston Free Bridge shall be hereafter called the Meridian Street Bridge, and the bridge over Fort Point Channel, connecting Mount Washington avenue, shall be called the Mount Washington Avenue Bridge. Superintendents to SECT. 2. There shall be elected annually, on be appointed.; Ibid. the first Monday of February, or within sixty days thereafter, by concurrent vote of both branches of the city council, a superintendent of each of the bridges named in the preceding section. Each of said superintendents shall hold his office for one year from the first Monday of April in the year in which he shall be elected, and until his successor is elected and qualified. They shall be removable at the pleasure of the city council, and vacancies may be filled at any time for the remainder of the term. They shall receive such compensation as the city council may from time to time determine. Duties ofsuperin- SECT. 3. It shall be the duty of each superintendents. Ibid. tendent to take charge of the bridge of which he is chosen 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 BRIDGES. 77 free of passengers while the draw is up; in which May 1857. case he shall use his discretion as to the number of vessels to be permitted to pass, prior to the closing of the draw; and it shall also be within his discretion, to permit any vessel to pass through the draw, against the tide, when the wind is favorable. And each superintendent shall see that the bridge of which he is superintendent, and the abutments and wharves connected therewith, are at all times in a safe and satisfactory condition, and free from 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 board of 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 therewith, which the said board of aldermen may, from time to time, order and prescribe. SECT. 4. The several superintendents above Assistantsuperintendents. named may appoint their assistant superinten- Ibid. dents, subject to the approval of the committee on bridges, and no assistant superintendent shall be authorized to act as such until his appointment is duly certified by the committee on bridges to the board of aldermen. And said assistant superintendents shall be compensated for their services out of the salary of the superintendent whose assistant he is, unless otherwise provided by the city council. 7* 78 BUILDINGS. Penalties for injur- SECT. 5. Any person or persons who shall ing bridges, &c. May 11, 1857. deface, break or injure either of said bridges or See Harbor, post. wharves, or shall unnecessarily open or obstruct the passage of either of the draws of said bridges, or shall make fast to such bridge, guard, or pier, any vessel, scow, raft, or float, or shall allow any vessel under his charge to pass through the draw without the consent of the superintendent of such bridge, shall, upon conviction thereof, pay a fine not less than three dollars, and not exceeding fifty dollars. BUILDINGS. STATUTES. 14. Supreme court may prevent by City council to have care of injunction. public buildings and public 15. Wooden buildings in Boston, property. more than sixteen feet high, In county of Suffolk, public forbidden, except under cerbuildings to be provided by tain restrictions. Boston. 16. Two or more such buildings in 3. Board of aldermen to provide connection, or within three for erecting and repairing feet, shall have brick or stone county buildings. wall between them. Proviso 4. Aldermen may take land for a as to neck lands. court house. 17. Penalty. How recovered. 5. Shall file description and state- 18. Duty of board of engineers to ment in registry of deeds, &c. prosecute. 6. Proceeding when public build- 19. Further remedy. ings are to be erected 20. City council may authorize and 7. Injury to school house, church, regulate wooden buildings in &c.; how punished. South and East Boston, and 8. Injury to houses by tar, oil, &c. wards 13, 14 and 15. 9. Livery stables not to be erected 21. City council may make rules within one hundred and respecting snow, &c., on roofs. seventy feet of any church. 22. Burnt or dangerous buildings 10. Penalty. adjudged nuisances, how dis11. Livery stables in maritime posed of. towns to be licensed. 23. Owner aggrieved may apply for 12. Penalty for unauthorized erec- jury. tion or use of stables. 24. Verdict of jury, &c. 13. Stables not to be built in Bos- 25. Costs, how assessed. ton without consent of alder- 26. How such nuisances may be men. abated. BUILDINGS. 79 ORDINANCES. 13. To give bond. Condition of Public Buildings. bond. 1. Committee on public buildings 14. To have care and custody of to be appointed. school-houses and other build2. To have care and custody of ings. His duties. school houses, and other city 15. Superintendent of public buildbuildings, except, &c. ings to have care of City Hall. 3. To lease buildings belonging to To appoint watchmen, &c. the city, subject, &c. Lease To furnish supplies. to be signed by mayor. 16. To keep record. To report to 4. When a building is to be erected, city council. &c., the committee shall pre- 17. No building or land appurtepare plans and specifications nant to be sold, without an of the buildings to be erected. order from the city council. 5. Shall publish notice of time 18. Superintendent to make and and place of exhibition of the celiver all bills for materials same. sold and work done to the 6. Proposals for work to be sealed. city treasurer for collection. Not to be disclosed till contract is made. Proviso. Buildings in general. 7. Contracts exceeding fifteen hun- 1. Notice shall be given of intendred dollars to be in writing, tion to build, &c. and signed by the mayor. 2. Numbers of buildings. Penalty Not to be altered unless, &c. for numbering contrary to 8. City council may authorize con- directions. tracts for repairs or altera- 3. Cellar doors and platforms to be tions without advertising, &c. kept in good repair. 9. Expenditures not to exceed ap- 4. Cellar doors to be lighted when propriations. open at night. 10. Purchases of land for erecting 5. Defacing buildings, &c. buildings to be made under 6. Wooden buildings permitted in direction of committee. South and East Boston, under 11. Certain buildings excepted from certain limitations. Brick preceding section. partition walls to be put up 12. Superintendent of public build- in certain cases. ings to be elected. STATUTES. 1. The city council of the city of Boston shall have the care are and custody and superintendence of the public buildings, and the care, custody of city concilyby and management of all the property of the city, with power to See Charter lease or sell the same, except the common and Faneuil Hall. atte'~39. And the said city council shall have power 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. 2. In the county of Suffolk, the court houses, jails, house of In countyof Sufcorrection, fire-proof offices, and all other necessary public build- ig' to blic boviled ings for the use of the county, shall be provided by the city of by Boston. Boston, at its own expense., 80 BUILDINGS. Board of alder- 3. The board of aldermen, among other powers and duties men to provide for of county commissioners, have authority to provide for the erectpairing county inc and repairing of court houses, jails, and other necessary public budnG. S. 1 buildings, within and for the use of the county.1 Aldermen, as 4. The board of aldermen of the city of Boston acting as county county commissioners of Suffolk, commissioners for the county of Suffolk, are hereby authorized and may takeland for empowered to take and hold by purchase or otherwise, so much a Court House. 1867, c. 306. land as they may deem necessary, for the purpose of erecting thereon a court house by the city of Boston, for the use of the county of Suffolk, and for a court house yard for the same. Shall file descrip- 5. The board of aldermen shall, within sixty days from the time tion and starement when they shall take any parcel or parcels of land under this act, in registry of deeds. file in the office of the register of deeds for said county, and cause to be recorded, a description of the land so taken, as certain as is required in a common conveyance of land, with a statement of the purpose for which it is taken; which description and statement Mayor to sign. shall be signed by the mayor of the city; and the city of BosLiability of city for ton shall be liable to pay all damages that shall be sustained by damages. any person or persons by reason of the taking of such land as aforesaid; such damages to be ascertained and determined in the manner provided for ascertaining and determining damages in case of the laying out, altering or discontinuing of ways within the Stat. 1866, c. 174, city of Boston; but the provisions of chapter one hundred and nottoapply. seventy-four of the acts of the year eighteen hundred and sixtysix, shall not be applicable to any proceedings under this act. Proceedings when 6. No erection, alteration, or repair of any court house, jail, public buildings house of correction, fire-proof office, or any other building for the are to be erected. 1862, c. 266, ~ 4. purposes of the county of Suffolk, shall be made by the mayor and aldermen of the said city, except as herein provided, to wit: whenever the mayor and aldermen shall by vote declare that such erection, alteration, or repair is necessary or expedient, they shall make and record an estimate of the expense thereof; and if such estimate shall exceed the sum of five thousand dollars, a copy of the said vote and estimate shall be sent to the common council for its concurrence, rejection, or amendment; all acts or parts of acts inconsistent with this act are repealed.2 wilful injury, &c., 7. Whoever wilfully and maliciously, or wantonly and with1 By chapter 411, acts of 1869, cities and towns were authorized to take land for building or enlarging the town or city hall. 2 This act was accepted by the citizens of Boston, November 8, 1852. An act relating to stables and bowling-alleys, passed May 24, 1851, c. 319, ~ 1, and to be in force, provided the city council should accept the same, in sixty days, was not so accepted, but in 1853, c. 362, the same act was revived, and accepted by the city council December 5, 1853. It was re-enacted, in part, by the Gen. Stats. c. 88, ~ 32. See Sect. 11, post. BUILDINGS. 81 out cause, destroys, defaces, mars, or injures any school-house, toschool-house, church, &c., or church, or other building, erected or used for the purposes of edu- furniture, &c., and cation or religious instruction, or for the general diffusion of appurtenances knowledge; or any of the out-buildings, fenc s, walls, or appurte- G. s. 6, ~67. nances of such school-house, church, or other building; or any See.S. c. 161 furniture, apparatus, or other property belonging to or connected with such school-house, church, or other building, shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the jail not exceeding one year.1 8. Whoever wilfully and maliciously throws into, against, or Injury by oil of vitriol, coal-tar, &c. upon any dwelling-house, office, shop, or other building or vessel, G.. 161, ~ 7o. or puts or places therein or thereon any oil of vitriol, coal-tar, or other noxious or filthy substance, with intent unlawfully to injure, deface, or defile such dwelling-house, office, shop, building, or vessel, or any property therein, shall be punished by imprisonment in the state prison not exceeding five years, or in the jail not exceeding three years, or by fine not exceeding three hundred dollars. 9. No building shall be erected within the city of Boston, and Livery stables not to be erected withused and improved as a stable for the taking in and keeping horses in 175 feet of any or chaises or other carriages, upon hire or to let, commonly called ^church. 1810, r. 124, ~ 1. livery stables, within one hundred and seventy feet of any church 1 Gray, 113. or meeting-house erected for the public worship of God, without 1860 1 the consent in writing of the proprietors of such church or meeting-house, or of the religious society or parish worshipping therein, and the consent of the mayor and aldermen of the city of Boston.2 10. For any offence against the preceding provision, the owner Penalty. or owners, keeper or keepers of such building, shall forfeit and 110 c. 124.~ 2. 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. 11. Whoever occupies or uses a building in any maritime place Livery stables in maritime towns for a livery stable, except in such part thereof as the mayor and to be licensed. aldermen or selectmen shall direct, shall forfeit a sum not exceed- G- S-.88~ 13L I7~~~~~~~~ ~~~1 Gray.163. ing fifty dollars for every month he so occupies or uses such building, and in like proportion for a longer or shorter time. 12. Whoever erects, occupies, or uses a building for a stable Penalty for unau thorized erection for more than four horses, in any city or town, except in such or use of stables. G. S. 88, ~32 1 For penalty for injury to buildings by gunpowder, &c., see Gunpowder; penalty for burning, &c., see Gen. Stats. c. 161. 2 There was a proviso in this act, respecting stables then in part erected, which proviso has ceased to be material. 82 BUILDINGS. G. S. 88, ~32. part thereof as the mayor and aldermen or selectmen direct, shall forfeit a sum not exceeding fifty dollars for every month he so occupies or uses such building, and in like proportion for a longer or shorter time. And the supreme judicial court or any one of the justices thereof, either in term time or vacation, may issue an injunction to prevent such erection, occupancy, or use, without such direction. Stables not to be 13. No person shall hereafter erect, occupy or use, any buildbitlot consent n ing for a stable in the city of Boston, except in such place as the writing of board or of aldermen of said city shall first in writing approve and aldermen. 18G9, c. 369, ~ 1. direct, and every person so erecting, using or occupying, a building without such approval, shall forfeit a sum not exceeding fifty dollars for every month he so uses or occupies such building, and Proviso. in like proportion for a longer or shorter time; this act shall not apply to any stable now erected, occupied or used, so long as the same is not enlarged or rebuilt. S. J. C. may pre- 14. The supreme judicial court, or any justice thereof, either injuntion.in by in term time or vacation, may issue an injunction to prevent the inunction., 9, ys. 1869, c. 39, ~ 2. erection, occupancy or use, of any stable contrary to the provisions of this act. Wooden buildings 15. No wooden building of more than sixteen feet in height, itn Bsixteen feet fromn the ground or foundation thereof, shall be erected in the city high, forbidden, of Boston, except under the following limitations and restricexcept under certain restrictions. ion s,1 namely: the dimensions of such building on the ground 1835, c. 139, ~ 1. not to exceed twenty-five feet by fifty feet; or, being in any other See city doe. 89. of 1868. proportion, not to cover more than twelve hundred and fifty superficial feet of land; the walls not to exceed twenty feet in height from the under side of the sills, which sills may be three feet six inches above the level of the street, to the eaves of the roof; the roof, in the highest point thereof, not to rise more than thirty-two feet lrom the under side of the sills aforesaid, and there shall be at least one scuttle at or near the highest point of said roof.2 To u 16. When two or more such 1 en two mr sh t -story buildings as are probuildings in connection, or^within vided for in the preceding section shall be erected in connection, three feet, shall or within three feet of each other, or within three feet of any have brick or stone wallbetween them. other wooden building, more than sixteen feet in height, there Ibid. ~ 2. shall be an entire brick or stone wall between them, commencing from tie 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 1 Accepted by citizens, May 13, 1835. Boston records of general meetings after 1830, p. 6. 2 For provisions respecting the erection of buildings to be used for tenements, see TenementHouses, post. BUILDINGS. 83 inches in thickness; and in case any openings are made through 1835, c. 139, ~2. said walls, the same shall be secured against fire by iron doors applied to such openings; provided, that such brick or stone Proviso as to neck walls may be dispensed with by consent, in writing, of the mayor ld and aldermen of the city of Boston, on what are commonly called the neck lands, in said city.' 17. If any person or persons shall violate the provisions of Penalty. the two preceding sections, such person or persons, on conviction Ibid ~ 3. 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 How recovered. virtue of this act may be recovered by indictment, to the use. of 3Gray, 134. the city of Boston, or by an action of debt in any court competent to try the same, one half to the use of the person or persons who shall sue therefor, and the residue to the use of the said city. 18. It shall be the duty of the board of engineers of the said Dutyof board of engineers to procity to cause suits to be commenced without delay against each sec.gte.ro p and all who shall violate the provisions of the three preceding 185, c. 139, ~ 4. sections, and to prosecute the same to final judgment.1 19. An act passed March 27, 1847, provided that any builk- Further remedy. 1847, c. 132. ing thereafter erected in the city of Boston, contrary 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 Statutes2; provided, however, that nothing in this section shall be construed as affecting any remedies already given in the four preceding sections. 20. The city council of the city of Boston may authorize the City council may authorize wooden erection of wooden buildings in those parts of said city called buildings in South South Boston and East Boston, and also those parts of the city and East Boston, and in Roxbury. comprised in wards thirteen, fourteen and fifteen, upon such 1850, c. 280, ~ 1. terms and conditions, and subject to such limitations and restric- 1869,.123,~ 1. tions, as they may deem expedient.3 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. 2 Gen. Stats. chap. 26. 3 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. 84 BUILDINGS. By-laws concern- 21. Cities and towns may make by-laws to prevent the falling snow and ice on roof of builTd- ing, and to provide for the removal, of snow and ice from the ngs. roofs of buildings, in such portions of their limits, and to such 1863, c. 86, ~ 1. see, also,.s. 19, extent, as they may deem expedient, and may annex penalties ~ 13. not exceeding twenty dollars, for any violation of such by-laws by the owner of any such building or his agent having the care thereof. Burnt or danger- 22. In any city or town which has adopted chapter four hunous buildings adjudged nuisances, dred and sixty-nine of the Statutes of eighteen hundred and fiftyw disposed of. five, or which shall adopt this and the four following sections, at a G. S. 87, ~ 1. legal meeting of the city council or inhabitants of the town, if the mayor and aldermen or selectmen, after due notice in writing to the owner of any burnt, dilapidated, or dangerous building, and a hearing of the matter, adjudge the same to be a nuisance to the neighborhood, or dangerous, they may make and record an order prescribing such disposition, alteration, or regulation thereof as they deem necessary; and thereupon the city or town clerk shall deliver a copy of the order to a constable, who shall forthwith serve an attested copy thereof upon such owner, and make return of his doings thereon to said clerk. Owner aggrieved 23. Any owner aggrieved by such order may, within three days may apply for jurayf. of the service thereof upon him, apply for a jury to the superior Ibid. ~2. court, if sitting in the county, or to any justice thereof in vacation. The court or justice shall issue a warrant for a jury, to be empanelled by the sheriff within fourteen days from the date of the warrant, in the manner provided in chapter forty-three of the General Statutes relating to highways. Verdictofjury,&c. 24. The jury may affirm, annul, or alter such order; and the Ibid. ~. sheriff shall return the verdict to the next term of the court for acceptance, and, being accepted, it shall take effect as an original order. Costs. 25. If the order is affirmed, costs shall be taxed against the applicant; if it is annulled, the applicant shall recover damages and costs against the city or town; if it is altered in part, the court may render such judgment as to costs as justice shall require. Nuisance may be 26. The mayor and aldermen or selectmen of any city or town abated, &c. shall have the same power and authority to abate and remove any Ibid. ~ 5.as are iven to the board of health in sections eight, such nuisance, as are given to the board of health in sections eight, nine, and ten, of chapter twenty-six of the General Statutes. 1 Adopted by the city council of Boston, March 17, 1860. See City Records, vol. 38, pp. 135, 142. BUILDINGS. 85 ORDINANCES - PUBLIC BUILDINGS.' SECTION 1. In the month of January, in each Committeeon */ - ntpublic buildings to year, there shall be appointed a joint committee of beappointed. July 1, 1850. the city council, to be called the committee on public buildings, to consist of three members of the board of aldermen and five members of the common council. SECT. 2. The said committee shall have the Tohavecareand custody of schoolcare and custody of all the school-s and hs a nd husesadother city buildings, other buildings belonging to the city, and of the -cept,&c. erection, alteration, and repair thereof, except as otherwise provided, and subject to such rules, orders, and regulations as the city council may from time to time adopt. SECT. 3. The said committee are authorized to Toleasebuildings belonging to city, lease any building belonging to the city, which is subjegt, &. Ibid. not otherwise appropriated, 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 alder- Leasetobesigned by mayor. men; and the lease shall be signed by the mayor. SECT. 4. Whenever any building for the use Committeeto prepare plans and of the city shall be erected, altered, or repaired, specifications of buildings to be the expense of which may exceed the sum of leted. July 1, 1850. fifteen hundred dollars, it shall be the duty of the July23,1869 committee who shall have the charge of the same to prepare, or cause to be prepared, the requisite plans and specifications of the work to be done. 1 An ordinance concerning the public buildings, passed July 1, 1850, and amended July 7, 1853, July 18, 1853, November 24. 1865, April 16, 1867, June 29, 1869, and July 23, 1869. 8 86 BUILDINGS. Topublish notice SECT. 5. The said committee shall give notice of time and place for exhibition of in the newspapers in which the ordinances of the plans, &c. July,1850. city are published, of the time and place for the exhibition of such plans and specifications, and the time during which proposals will be received. roposals for work SECT. 6. No proposal shall be received by the to be sealed. Iid. said committee from any person offering to contract for such work, unless the same is sealed; How opened. and no proposal shall be opened except in comNot to be disclosed tillcontract is mittee actually assembled; and the contents of no made. proposal shall be made known to any person not a member of the committee, until after a contract Proviso. shall have been made; provided, alwcys, that if any such proposals shall be offered by persons, who, in the judgment of the said committee, shall be incompetent to perform their contracts in a workmanlike manner, or 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. ontracts exceed- SECT. 7. In such cases, where the amount of ing $1,500 to be in writing, andsigned any contract shall exceed the sum of fifteen hunby the mayor. Notto be altered, dred dollars, the contract shall be in writing, and unless, &c. July,8. signed by the mayor on the part of the city; and after being signed by the parties, no such contract shall be altered in any particular, unless three-fourths of the said committee shall signify their assent thereto in writing under their respective signatures, indorsed on the said contract. BUILDINGS. 87 SECT. 8. The city council, whenever they shall Contratsforrepairing or alteradeem it expedient, may, by order, authorize and ions ned not be in writing. direct the committee on public buildings to cause Ju7,185. any alterations or repairs of any building specified in such order to be made, although the expense thereof may exceed the sum of fifteen hundred dollars, without advertising for proposals, and without making a contract in writing therefor signed by the mayor, as heretofore required by ordinance. SECT. 9. The amount of expenditures for the Expenditures not to exceed approforegoing purposes in any one year, shall never priations. July 1, 1850. exceed the appropriations made by the city coun- April1G,.17. cil for the same; anc no expenditure exceeding five hundred dollars shall ever be made, in the alteration or repair of any building, without an express vote of the city council authorizing the samle. SECT. 10. Whenever the city council shall Purchasesofland for buildings, order the purchase of any land, for the purpose of hl.mae. erecting any building thereon, except for educa- June 29,'9. tional purposes, such purchase shall be made under the direction of the said committee on public buildings. SECT. 11. The preceding sections shall not Certainbuildings excepted from apply to the jail, the court house, the registry of preceding setion. Ibid. deeds, the house of correction, or any other buildings of which the erection, care, or maintenance is devolved by law on the board of aldermen. SECT. 12. There shall be elected annually on 88 BUILDINGS. Superintendentof the first Monday in February, or within sixty public buildings. July 1, 1850. days thereafter, and whenever a vacancy occurs, by concurrent vote of the two branches of the city council, a superintendent of public buildings, who shall hold his office, if not sooner removed, for one year from the first Monday in April in the year in which he shall be elected, and until a successor is elected and qualified. 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 give bond. SECT. 13. The said superintendent, before July 1, 1850. entering on the duties of his office, shall give bond, with one or more sureties, to the approbation of Conditionofbond. the board of aldermen, with condition that he will not, directly, or indirectly, 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 repairof any building belonging to the city, or in any purchase, sale, or lease made by the city under and by the virtue of this ordinance.' To have care and SECT. 14. The said superintendent, under the custody of schoolhouses and other direction of the committee on public buildings, or buildings. Ibid. of the board of aldermen, as the case may be, shall have the care and custody of all the schoolhouses and other buildings belonging to the city, except as otherwise provided, whether used for county purposes or otherwise; he shall keep himHis duties. self acquainted with their condition; shall employ 1 For the act of 1862, c. 101, relating to contracts made by public officers, see contracts with city officers, post. BUILDINGS. 89 suitable mechanics, and shall himself superintend July1,1850. June 29, 1869. 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 board of aldermen,1 by the committee on public buildings, or by any other committee or board appointed by the city council. SECT. 15. The superintendent of public build- Superintendent of public buildings ings shall, under the direction of the committee tc.tyhnlve of on public buildings, have the care and custody of Nov.24,1865. the city hall and the various apartments thereof, and to that end he shall appoint, subject to the approval of said committee, all necessary janitors, watchmen, engineers and their several assistants, and he shall be responsible for the faithful performance of their duties. He may, under the direction of said committee, apply to the mayor for a regular detail of police officers for day or night duty in said building, such officers to perform such duties, and in such manner as may be requested by said committee. He shall also furnish to the several officers in said building such furniture and supplies (excepting stationery) as said committee may deem proper; the compensation to be paid the above persons to be fixed by said committee. SECT. 16. The said superintendent shall keep To keeprecords. July 1,1850. an accurate record of all buildings belonging to the city, and lands appurtenant to such buildings; and in the month of January, in each year, he Toreport tocity council. 1 For care and custody of county court house, see vote of board of aldermen, March 28, 1865, 8* 90 BUILDINGS. July 1, 18. 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. Nobuilding or SECT. 17. No building, or land appurtenant land appurtenant tobe soldwithout thereto, shall be sold by any committee of the city an order from the city council. council, without an order from the city council Ibid. authorizing such sale. Superintendent to SECT. 18. Whenever the superintendent of make and deliver all bil for mate- public buildings shall sell any articles or rials sold and work done to city treas- materials belonging to the city, or shall do, or urer for collection. July s18,53. cause to be done, any work for any person or corporation from which money shall become due to the city, the said superintendent shall enter in books to be kept for that purpose all such sales and work done, with the price thereof, and shall forthwith make out bills for the same and deliver them to the city treasurer for collection, and the said treasurer shall forthwith demand payment of the said bills; 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 deliver the same to the city solicitor for legal proceedings; but if at any time the committee on public buildings shall be satisfied that the interests of the city require it, they may cause legal proceedings to be enforced at any time. BUILDINGS. 91 BUILDINGS IN GENERAL.1 SECTION 1. All persons intending to erect or Notice shall be given of intention to make any alterations in the external walls of tobuild,c. Nov. 14, 1833. any building or buildings of any description, aly July 14,185. 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 to the board of aldermen of their intention, with the dimensions of the structure proposed, the materials to be used, the number of the street or precise location, and the name of the owner or owners of the land, fifteen days at least before doing any act for carrying such intention into execution, in order that any encroachment or any other injury or inconvenience to the said public streets, squares, lanes, or alleys which might otherwise happen, may be thereby prevented, and in default thereof the city shall be 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 anything done previously to, or without such notice. SECT. 2. The board of aldermen shall have Numbersof buildings. power to cause numbers in regular series to be Nov. 14,833. May 16,185. affixed to, or inscribed on, all dwelling-houses 1 Ordinances of Nov. 14, 1833, of May 16, 1850, and of July 14, 1855. 92 BUILDINGS. Nov. 14, 1833. and other buildings erected or fronting on any May 16, 1850. 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 Penaltyfornum- respective houses or other buildings. And any bering contrary to directions. owner or occupant of any building or part of a May 16, 1850. building who shall neglect or refuse to affix to the same the number designated by the board of aldermen, or by 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 said board, 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. Cellar doors and SECT. 3. Whenever any cellar door or the platforms to be keptin good platform thereof shall project into any of the repair. Nov. 14,1853. streets, lanes, alleys, public squares, or places See Streets. within the city, it shall be the duty of the owners and occupants of the buildings or estates 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 board of aldermen the safety of the inhabitants is thereby endangered, the said board 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 board shall forthwith cause the same to be repaired at the expense of said owners or occu BULDNGS. 93 pants, and said owners and occupants shall in case Nov. 14,1853. of such neglect or refusal, as aforesaid, be further liable to a penalty of not less than one nor more than fifty dollars, for each and every day that said cellar door or the platform thereof shall continue to be out of repair. SECT. 4. Whenever any of the cellar doors Cellar doorstobe lighted when open before mentioned are open, or the platforms atnihtn Ibid. thereof removed at any time during the night, it seeSteets. 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 fifty dollars. SECT. 5. Any person or persons who shall be Defacingbuildings, &c. guilty of defacing any building or buildings, (SeeG.S.161,s 8.) fence, sign, or other 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 fifty dollars.' SECT. 6. It shall be lawful to erect wooden wooden buildings permitted in Snouth buildings in those parts of the city called South and East BoEsto,' under certain Boston and East Boston, which shall not be more linitations. than thirty-two feet high from the ground to the See Sltte. ~2). highest part thereof; provided, however, that 1 See Statutes, ~~ 7 and 8, ante. 94: CARRIAGES. Brick partition no wooden building, except for mechanical walls to be put up in certain cases. purposes, shall be erected in a range of more than Alay 16, 1S50. fifty feet in extent, without the intervention of a brick partition wall, of at least eight inches in thickness, such wall to extend six inches at least above the surface of the roof; and no wooden building shall be altered for a dwelling-house contrary to this provision.1 CARRIAGES. STATUTES. 2. Superintendent of hacks. Ap1. Travellers with carriages meet- pointment of. Duties, &c. ing, to take the right-hand 3. License required for hackney side of road, Cc. carriages. 2. Travellers with carriages mov- 4. Board of aldermen will grant ing in the same direction, licenses,and may revoke same. shall pass on the left, &c. 5. Fee for licenses. 3. Bells to be used with sleighs. 6. Expiration of licenses. Not to 4. Penalties, and how to be re- be transferred without concovered. Limitation. sent of aldermen. These provisions not to apply to 7. Person named in license to be horse railroads. considered as owner. 6. Drivers of stage coaches, &c., 8. Penalty for neglect to take out not to leave their horses with- license. out, &c. 9. Carriages to be marked and 7. Board of aldermen may make numbered. Penalty for nerules and orders for the regu- glecting to number. lation of carriages, &c. Pen- 10. Penalty for using wrong numalties. Fee for license. Right ber. of city to make by-laws not 11. Carriage and horses shall not impaired. be left unless in care of suit8. Rates of speed of horses to be able person. fixed by city. 12. Shall stand only where as9. Police may arrest offenders signed. without warrant. 13. Shall not stop so as to obstruct 10. Mayor and aldermen may make travel. rules in relation to passage of 14. Drivers of hackney carriages vehicles through streets. shall wear badges. 15. Aldermen, &c., may give direcRULES AND ORDERS. tions about standing, &c. Hackney Cairciages. 16. Rlates of fare, city proper, &c. 1. Hackney carriage, defined. Children under four years. 1 For certain provisions respecting bow-windows, cellar doors, steps, &c., see Streets. CARRIAGES. 95 Between 12 o'clock and 6 31. Manner of driving, holding o'clock, A. M. Baggage. reins, &c. Penalty for demanding more 32. Trucks shall not exceed a certhan established rate. Pen- tain length. alty for refusing to carry pas- 33. Weight of load shall not exceed sengers. Section to be postedthree tons. in carriages. 17. Rates of fare between city Carriages in general. proper and Highlands. Chil- 34. Carriages shall not stop in dren under four years. Pen- streets, except, &c. alty for demanding more than 35. Bells to be attached when the established rate, and for re- streets are covered with snow fusing to carry passengers. or ice. Section to be posted in car- 36. Vehicles shall not be stopped riages. on crossings, or at intersec18. Rates of fare to and from South tion of streets. Boston and East Boston. 37. Drivers shall remain near their For children. teams. Shall not flourish or 19. Carriages for conveyance of snap whips. passengers not to be driven 38. Carriages, &c., shall not be by minors. placed so as to obstruct streets. Shall be placed near the sideOmnibuses. walk when loading or un20. Omnibuses shall not stop ex- loading. cept to receive passengers. 39. Carriages shall stand near the 21. Omnibuses shall not be driven sidewalk, and in line. on other routes or streets 40. Horses, &c., shall not be fed in than those assigned. the streets. Vehicles shall be Wagons, Trucks, &c. removed during the night and on Sundays. 22. Wagons, trucks, &c., to be 41. Vehicles and horses shall not licensed. Penalty for not pro- approach within ten feet of curing license. each other at crossings. 23. Superintendent of wagons. Ap- Drivers shall stop when repointment of; duties, &c. quested by police. Every 24. Board of aldermen will grant team shall have a driver. licenses, and may revoke same. 42. Vehicles shall not be driven 25. Fee for license. foul of, or against persons or 26. Expiration of license. Not to things. Horses shall turn be transferred without con- corners at a walk. sent. 43. Licenses granted only to owner 27. Person named in license to be or lessee of carriage, &c. considered as owner. When one ceases to be owner 28. Penalty for neglecting to take or lessee he shall surrender out license. license. 29. Minors not to drive wagons, 44. Penalty for riding on steps of &c., unless specially licensed. carriages and platforms of 30. Number of horses to one truck. horse-cars. 96 CARRIAGES. STATUTES. Travellers with 1. When persons meet each other on a bridge or road, travelctrrtiags, meting, ling with carriages, wagons, carts, sleds, sleighs, or other vehicles, to turn to right. zn G. S. 77,~1. each person shall seasonably drive his carriage or other vehicle 1 Pick. 345. 23 Pick. 201. to the right of the middle of the travelled part of such bridge or 8 Met. 213. road, so that their respective carriages or other vehicles may pass 11 Met. 404. rpt 12 Met. 415. each other without interference. 1 Gryush.. 2. The driver of a carriage or other vehicle passing a carriage 2 Gray, 181. vi caria 11 Gray, 418. or other vehicle travelling in the same direction shall drive to the Travellers with carriages, moving left of the middle of the travelled part of a bridge or road; and if in the same dire- the bridge or road is of sufficient width for the two vehicles to pass, tion, to pass on the left. the driver of the leading one shall not wilfully obstruct the same. G. S. 77, ~2. 3. No person shall travel on a bridge or road with a sleigh Bells to be used with sleighs. or sled drawn by one or more horses, unless there are at least G. S. 77, ~3. three bells attached to some part of the harness. Penalties, and how 4. Whoever offends against the provisions of the preceding to be recovered. t. S. 77, c~4. sections shall for each offence forfeit a sum not exceeding twenty dollars, and be further liable to any party for all damages sustained Limitation. by reason of such offence; provided, that every complaint therefor shall be made within three months after the offence is committed, and that every action for damages shall be commenced within twelve months after the cause of action has accrued. Provisions do not 5. The provisions of the above sections shall not apply to horse apply to horse railroads. railroads. G. S. 77 ~. 6. If a driver of a stage coach or other vehicle, for the conveyDrivers of coaches,,&c., not to leave ance of passengers for hire, when a passenger is within or upon their horses ith- uch coach or vehicle, leaves the horses thereof without some suitout charge. Penalty. able person to take the charge and guidance of them, or without G. S. 6lo, ~ 36. fastening them in a safe and prudent manner, he may be punished by imprisonment in the jail not exceeding two months, or by fine not exceeding fifty dollars. Board of aldermen 7. The mayor and aldermen of the city may make rules may regulate carriages, &c. and orders for the regulation of all carriages and vehicles used Penalties. either wholly or in part therein, whether with or without animal Fee for license. Right to make by- power, with penalties for violations thereof, not exceeding twenty laws not impaired. dollars for one offence; and may receive annually one dollar G. S. 19, ~ 14. 2 Cush. 562. and no more for each license, granted by them to a person to 98 Mass. 1. 98Mass.. set up and use any carriage or vehicle within such city. Such rules shall not take effect until they have been published at least one week in some newspaper published in the city or in the county in which the city is situated. This section shall not impair the right of a city to make by-laws relating to the subject. CARRIAGES. 97 8. Cities and towns may, by ordinance or by-law, prohibit Citymayregulate persons from riding or driving horses, or other beasts of burthen, rhteof speed of carriage or draught, in or upon any of the streets or ways for 186, c. 31, ~1. public travel therein, at a rate of speed which they deem inconsistent with the public safety or convenience, under such penalties as they are authorized to impose for breaches of other ordinances or by-laws. 9. A person violating a provision of such ordinance or by-law, Police may arrest without warrant. may be apprehended by a sheriff, deputy sheriff, constable, police Ibid, ~l2. t officer or watchman, without a written warrant, and kept in custody in a convenient place, not more than twenty-four hours, Sundays excepted; at or before the expiration of which time he shall be brought before a justice of the peace or police court, and proceeded against according to law. 10. The mayor and aldermen of any city, and the selectmen Mayor and aldermen may make of any town, may make such rules and regulations in relation to rules and regulathe passage of carriages, wagoons, carts, trucks, sleds, sleighs or tionsrelative to Zn- & o? passages of vehicles other vehicles, through the streets or other public' ways of the through streets. city as they shall deem necessary for the safety or convenience of 1869, c. 01, 1. those who travel on said streets or ways, on foot or in vehicles, with penalties for violations thereof, not exceeding twenty dollars for one offence. RULES AND ORDERS OF THE MAYOR AND ALDERMEN.1 HACKNEY CARRIAGES. SECTION 1. Every stage-coach, cab, chariot, dackney carriage coachee, barouche, landau, or other vehicle, whether June 24, 1869 on wheels or runners, except street cars, 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 haclmey carriage within the meaning of these regulations. SECT. 2. On the first Monday of February, Superintendento hacks, appointannually, or within sixty days thereafter, there mentof, and Ibid. 1 These rules and orders, with the exception of sections 16, 17, 18, 41 and 42 were published in the Boston morning and evening Journal, July 26, and August 3, 1869; and in the Boston Daily Evening Traveller, August 4, and August 11, 1869. 9 98 CARRIAGES. June 24, 1869 shall be appointed by the mayor and aldermen a suitable person, with police powers, as superintendent of hacks, who shall hold his office for one year from the first Monday in April following said appointment, and who shall, under the direction of the committee on licenses, keep proper records, both alphabetically and numerically, of all hackney carriages licensed from time to time by the board of aldermen, the stands assigned therefor, and the names of the owners of said hackney carriages, together with such other facts as may be deemed necessary. It shall be his duty, in common with other police officers of this city, to be vigilant and active in enforcing all the laws of this state, and the rules and orders of the mayor and aldermen, respecting the standing, employment and use of hackney carriages, and also for the government of the cars on the several street railways in this city, and to make the necessary complaints for the violation of any of such laws or rules; and he shall receive such compensation for his services as the city council may determine. License required SECT. 3. No person shall set up, use, or drive for hackney carriages, in the 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 board of aldermen, under a penalty of not less than five dollars, nor more than fifty dollars every time such carriage is used. Board ofaldermen SECT. 4. The board of aldermen will, from will grant licenses, andmayrevoke time to time, grant licenses to such persons, and CARRIAGES. 99 upon such terms, as they may deem expedient, to June24,1869. 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 superintendent of hacks. SECT. 5. For every license so granted there Feeforlicense. Ibid. shall be paid to the superintendent of hacks the sum of one dollar for the use of the city; and he shall pay over the same to the city treasurer quarterly. SECT. 6. All licenses granted as aforesaid shall Expiration of license. Not to be expire on the first day of July next after the date transferred without consent of thereof, and no license shall be sold, assigned, or ldermen. Ibid. transferred, without the consent of the board of aldermen indorsed thereon by the city clerk or his assistant. SECT. 7. The person in whose name a license Person named in license to be conis taken out for a hackney carriage shall, for all sieredas owner. 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 thereof be given to the superintendent of hacks, and the license delivered to him. SECT. 8. Any person who may be licensed as Penalty fr negiect to take out license. aforesaid, either as owner or driver of any hack- Ibid. ney carriage, who shall continue to use any such carriage, and shall neglect or refuse to take out 100 CARRIAGES. June 24,1869. 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 fifty dollars, for each and every day thereafter that he, or they, shall so refuse or neglect to take out said license. Carriages tobe SECT. 9. Hackney carriages shall be marked marked and numbered. and numbered in the manner following, viz: Ibid. Every hack or landau 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 in 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. 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 a conspicuous place, for the Penalty for neg- information of passengers. And if any owner or lecting to number. Ibid. 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, said owner or driver shall be liable to a fine of not less than two dollars nor more than fifty dollars for each offence. CARRIAGES. 101 SECT. 10. No owner or driver of any hackney Penaltyforusing wrong number. carriage shall use or suffer such carriage to be June"241869 used with any other number upon the same than that assigned by the board of 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 dollars nor more than fifty dollars every time such carriage is used. SECT. 11. No owner, driver, or other person Carriageand I I J- horses shall not be having charge of any licensed hackney carriage, lefts i cr shall leave such carriage and horses, when Ibid. harnessed, in any street, square, lane, alley, or public place, unless in the care of some suitable person, under a penalty of not less than five dollars nor more than fifty dollars for every such offence. SECT. 12. No owner, driver, or other person Shallstand only where assigned. having charge of any hackney carriage shall stand Ibid. with such carriage in any square, lane, alley, or public place within the city, to be employed, other than the stand assigned to such carriage by the board of aldermen, under a penalty of not less than two dollars nor more than fifty dollars for each offence. SECT. 13. No owner, driver, or other person shoall otstop oaas to obstruct travel. having charge of any hackney carriage, shall stop Ibid. his carriage abreast of any other carriage in any street, square, lane, alley, or public place within the city, or stop his carriage in any street, square, lane, alley, or public place, so as to obstruct 9* 102 CARRIAGES. June24,1869. the same, or the sidewalk, flagstone, or crossing thereof, under a penalty of not less than two dollars nor more than fifty dollars for each offence. Drivers of hack- SECT. 14. Every owner, driver, or other person ney carriages shall wear badge. having charge of any hackney carriage for which Ibid. a license has been given to stand in any street or square, at any railroad station, steamboat landing, theatre, museum, or other place of public entertainment, shall at all times, when 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 dollars nor more than fifty dollars for each offence. Aldermen, &c., SECT. 15. In any street or square, or at may give directions about stand- any theatre, museum, or other place of public ing, &c. Ibid. entertainment, where hackney carriages attend for passengers, the board of aldermen, or any person or persons by them 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 any such order or directions of the board of aldermen, or other person or persons by them authorized, he or they shall be liable to a fine of not less than five nor more than twenty dollars for each offence. CARRIAGES. 103 SECT. 16.1 On and after the thirtieth day Ratesffare. June 24,1869. of June, 1869, and until otherwise ordered, the prices, or rates of fare, to be taken by, or paid to, the owner, driver, or other person having charge of any hackney carriage, except omnibuses, shall be as follows: For one adult passenger from one place to another within the city proper (except as hereinafter provided), or from one place to another within the limits of East Boston - or from one place to another within the limits of South Boston — or from one place to another within the limits of Boston Highlands (formerly Roxbury), the fare shall be fifty cents, and for every additional adult passenger, fifty cents. For one adult passenger from any place (within the city proper) south of Dover street and west of Berkeley street, to any place north of State, Court and Cambridge streets; or from any place north of State, Court and Cambridge streets, to any place south of Dover street and west of Berkeley street, the fare shall be one dollar, and for two or more passengers fifty cents each. For children under four years of age, with an Children under four years of age. adult, no charge shall be made. For children Between 12 o'clock and 6 o'clock, A.M between four and twelve years of age, when accompanied by an adult, twenty-five cents each. Between the hours of 12 o'clock at night and 6 o'clock in the morning, for one adult passenger, the fare shall be double the amount allowed in the preceding sections, and fifty cents for every additional adult passenger. 1 This section was published in the Boston Daily Advertiser, Boston Post, Boston Daily Journal, Boston Daily Evening Traveller, Boston Evening Transcript, three weeks successively, from June 26, 1869. 104 CARRIAGES. Baggage free. The baggage used by any person in travelling, July 24, 1s69. shall be free of charge. Penalty for de- No owner, driver, or other person having charge manding more than established of a hackney carriage, shall demand or receive rate. 98 Mass.. any more than the price or rate of fare herein established, under a penalty of not less than ten nor more than fifty dollars for each offence; and he Penalty for refus- shall fofeit his license. And for refusing to carry ing to carry passengers. any passenger from any railroad station or steamboat landing, to any point within the city, the owner, driver, or other person having charge of such hackney carriage, shall be subject to a like penalty. This ection tobe This section shall be kept posted in some conposted in licensed vehicles. spicuous place in every licensed vehicle used for the conveyance of passengers, under a penalty of five dollars for each and every day this regulation is not observed. Rates of fare be- SECT. 17.1 On and after the first day of August, tween city proper and Highlands. 1869, the prices or rates of fare to be taken by, or July 26,1869. 1 paid to, the owner, driver or other person having charge of any hackney carriage, except omnibuses, shall be as follows: For one adult passenger, from any place in the city proper, north of Essex and Boylston streets, to any place in the Boston Highlands, or from any place in the Boston Highlands, to any place in the city proper, north of Essex and Boylston streets, the fare shall be two dollars and fifty cents; for two passengers, one dollar and twenty-five cents 1 This section was published in the Boston Daily Advertiser and Boston Post for two weeks from July 28, 1869; and in the Journal, Traveller and Transcript for two weeks from July 29, 1869. CARRIAGES. 105 each; for three passengers, one dollar each; for July 26,1869. four passengers, seventy-five cents each. For one adult passenger, from any place in the city proper, south of Essex and Boylston streets, and north of Dover and Berkeley streets, to any place in the Boston Highlands, or from any place in the Boston Highlands to any place in the city proper, south of Essex and Boylston streets, and north of Dover and Berkeley streets, the fare shall be two dollars; for two passengers, one dollar each; for three passengers, seventy-five cents each; for four passengers, sixty-two and a half cents each. For one adult passenger, from any place in the city proper, south of Dover and Berkeley streets, to any place in the Boston Highlands, or from any place in the Boston Highlands to any place in the city proper, south of Dover and Berkeley streets, the fare shall be one dollar and twenty five cents; for two passengers, seventy five cents each; for three or more passengers, fifty cents each. For children under four years of age, with an Children under f'our years of age. adult, no charge shall be made. For children between four and twelve years of age, when accompanied by an adult, twenty-five cents each. ~-o owner, driver, or other person having Penalty forieI^~ I ~ ~ ~~~~nmanding more charge of a hackney carriage, shall demand or than established rate. receive any more than the price or rate of fare herein established, under a penalty of not less than ten nor more than fifty dollars for each qffence; and he shall forfeit his license. And for refusing,enalty fo, ereling to carry pasto carry any passenger from any railroad station sengers. or steamboat landing, to any point within the city, the owner, driver or other person having 106 CARRIAGES. July 26,1869. charge of such hackney carriage, shall be subject to a like penalty. This section to be This section shall be kept posted in some conposted in licensed vehicles. spicuous place in every licensed vehicle used for the conveyance of passengers, under a penalty of five dollars for each and every day this regulation is not observed. and from Soth SECT. 18.1 For carrying one adult passenger Boston or Esst Boston. from any part of the city proper to either South March 14,1864. March 64 Boston or East Boston, or from South Boston or East Boston to the city proper, one dollar; for two or more such passengers, between such points, seventy-five cents each. orchildren. For carrying children between four and twelve years of age, when accompanied by an adult, onehalf of the above sums; and for carrying children under four years of age, when accompanied by an adult, no charge is to be made. arriages for con- SECT. 19. No hackney carriage used for the veyance of passen-, gersnottobe conveyance of passengers shall be driven by a driven by minors. June 24,1869. minor, unless he be specially licensed therefor by the board of aldermen, under a penalty of not less than two dollars nor more than twenty dollars for each offence. OMNIBUSES. Omnibuses shall SECT. 20. No owner or driver of any omnibus not stop except to receive passengers. belonging to any line shall stop his omnibus on Ibid. any part of the route assigned thereto, unless 1 The board of aldermen voted July 26, 1869, that it was inexpedient to change the rates of fare to and from East and South Boston as established in i864. CARRIAGES. 107 called to take or to leave a passenger, and then June 24,1869. for no longer time than may be sufficient for such passenger to take his, or her, seat, or to leave such carriage, under a penalty of not less than two dollars nor more than twenty dollars for each offence. SECT. 21. No owner or driver of any omnibus Omnibuses shall not be driven on shall drive his omnibus, or permit the same to be other routes or streets than those driven, on any other route or streets than those assigned. Ibid. that have been,or may hereafter be, designated and established by the board of aldermen, under a penalty of not less than ten dollars nor more than fifty dollars for each offence. WAGONS, TRUCIS, &C. SECT. 22. Every truck, wagon, dray, cart, Wagons, trucks, &c., to be licensed. sleigh, sled, or hand-sled, and every other vehicle, Ibid. except street-cars, 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 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 same may be distinctly seen; and if the owner of Penalty for not procuring license. 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 pro 108 CARRIAGES. June 24, 1869. vided, 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 fifty dollars for each offence. superintendent of SECT. 23. On the first Monday of February, wagons. &c., apointsmen"and annually, or within sixty days thereafter, there Ibid. shall be appointed by the mayor and aldermen, a suitable person, with police powers, as superintendent of wagons, who shall hold his office for one year from the first Monday in April following said appointment, and who shall, under the direction of the committee on licenses, keep proper records, both alphabetically and numerically, of all trucks, wagons, drays, sleds and carts licensed from time to time by the board of aldermen, the stands assigned therefor, and the names of the owners of such trucks, wagons, drays, sleds or carts, together with such other facts as may be deemed necessary. It shall be his duty, in common with other police officers, to be vigilant and active in enforcing all the laws of the state, and the rules and orders of the mayor and aldermen, respecting the standing, employment and use of trucks, wagons, drays, sleds or carts, and to make the necessary complaints for the violation of any of such laws or rules; and he shall receive such compensation as the city council may determine. Board ofaldermene SECT. 24. The board of aldermen will, from will grant licenses, andmay revoke time to time, grant licenses to such persons and Ibid. upon such terms as they may deem expedient,, to have a stand for, to use and to drive any such CARRIAGES. 109 vehicle as aforesaid within the city of Boston, and June24,1869. they may revoke such licenses at their discretion; and a record of all licenses so granted shall be kept by the superintendent of wagons. SECT. 25. For every license so granted there Feeforlicense. Ibid. shall be paid to the superintendent of wagons the sum of one dollar for the use of the city; and the said superintendent shall pay over the same to the city treasurer quarterly. SECT. 26. All licenses granted as aforesaid Expiration of license. Not to be shall expire on the first day of July next after the trnferred witht e out consent. date thereof, and no license of any vehicle which Ibid. has a stand in any street or square shall be sold, assigned, or transferred, without the consent of the board of aldermen, indorsed thereon by the city clerk or his assistant. SECT. 27. The person in whose name a license Person named in license to be conis taken out for any such vehicle shall, for all the sidered owner. *J^~' ~~Ibid. 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 thereof be given to the superintendent of wagons, and the license delivered up to him. SECT. 28. Any person who may be licensed enaltyfor neg-' */ ~~~~ JL ~/ ~~~~~~~lectming to take out as aforesaid, either as owner or driver of any of liednse. Ibid. the before-mentioned vehicles, who shall continue to use any such carriage or other vehicle, and shall neglect or refuse to take out his license within thirty days after notice that the same has 10 110 CARRIAGES. June 24, 1869. been granted, shall be liable to a fine of not less than one dollar, and not more than fifty dollars, for each and every day thereafter that he or they shall refuse or neglect to take out said license. Minorsnottodrive SECT. 29. No truck, cart, wagon, or other wagons, &c., unless peciany licensed. vehicle, used for any of the purposes mentioned Ibid. in the 20th section, shall be driven by any minor, unless he be specially licensed by the board of 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 dollars nor more than fifty dollars for each offence. Numberof horses SECT. 30. Not more than three horses shall to one truck. Ibid. be harnessed to and permitted to draw any cart, wagon, truck, sled or dray in or through any of the public streets, squares; lanes or alleys of the city, unless for the carriage of a 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; provided, that the board of aldermen may grant permission, upon any special application for that purpose, for more than three horses to draw any cart, wagon, truck, sled or dray, when they may think it reasonable or necessary; provided calso, 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 CARRIAGES. Ill beasts being yoked in pairs, or so harnessed that June 24,1869. two shall travel abreast. SECT. 31. All drivers and other persons having Manner of driving, holding reins, &c. the care and ordering of any truck, cart, wagon, Ibidsled or dray, 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 at a gallop 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 fifty dollars for each offence. SECT. 32. No truck shall be used in this city Trucks shallnot exceed a certain the length whereof from the end of the shaft lengthIbid. to the extreme end of the side shall be greater than twenty-four feet and six inches, under a penalty of not less than five dollars nor more than fifty dollars every time such truck is used. SECT. 33. No person shall cause to be carried Weightofoad shall not exceed on any truck or cart any load the weight whereof three ton. Ibid. shall exceed three tons, or on any wagon any load the weight whereof shall exceed three tons, except 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 fifty dollars for each offence. 112 CARRIAGES. CARRIAGES IN GENERAL. Carriages shall not SECT. 34. No owner, driver, or other per-.stop in the streets, except,&c. son having the care or ordering of any chaise, June 24,1869. 99 Mass 434. carryall, hackney carriage, truck, cart, wagon, hand-cart, sleigh, sled, hand-sled, or any other vehicle whatsoever, new or old, finished or unfinished, with or without a horse or horses or other animal or animals harnessed thereto, shall suffer the same to stop in any street, square, lane, or alley of this city more than five minutes without some proper person to take care of the same, or more than twenty minutes in any case; and any person so offending shall be liable to a fine of not less than three dollars nor more than twenty dollars for each offence. But this section shall not apply to the carriages of city officers at city buildings, of physicians while visiting the sick, or to the vehicles of market or provision men who may stand with the same without the limits of Faneuil Hall market, until eleven o'clock in the forenoon, at such places in the city as the board of aldermen may designate, for the purpose of vending provisions. Bestobeattached SECT. 35. NO carriage or vehicle of any when the streets are covered with description, whether of burden or pleasure, shall snow or ice. Ibid. be driven through any part of the city of Boston during any time that the snow 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 to some part of the harness thereof, under a penalty of not less than three dollars nor more than fifty dollars for each offence. CARRIAGES. 113 SECT. 36. No owner, driver, or other person Vehicles shallnot be stopped on having the care of any truck, cart, wagon, sled crossings or at intersections of or other vehicle, whether used for burden or t'.eetS June 24.1869. pleasure, shall stop or place such vehicle at or See sect.41,ost near the intersection of any street, lane, or alley, in such manner as to cross the footway or flagstone, or prevent foot-passengers from passing the street, lane, or alley in the direction or line of the footway or flagstones on the side of such street, lane, or alley, under a penalty of not less than three dollars 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 dollars nor more than twenty dollars. SECT. 37. Every driver of any truck, wagon, Drivers shall remain near their or other vehicle, within the city of Boston, shall teams. Ibid. 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 his carriage or other vehicle, that they shall not obstruct the said streets or 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 board of aldermen. And no driver of any Shallnot flourish or snap whips. carriage or other vehicle while waiting for employment either at any stand which is or may be 10* 114 CARRIAGES. June 24,189. appointed for such carriages or other vehicles respectively, or in the public streets or squares of the city, shall snap or flourish his whip. And any person who shall violate either of the provisions of this section shall be liable to a fine of not less than two dollars nor more than fifty dollars for each offence. Carriages, &c., SECT. 38. No truck, cart, or other vehicle shall shall not be placed sthestreettt be so 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 truck, cart, street car or carriage of any description, unless it be for a reasonable time, not exceeding six minutes, for the loading or unloading of coal or heavy articles, the weight of which in any one parcel or package shall not be less than Shall beplaced six hundred pounds. And for the loading or near sidewalk when loading or unloading of any dirt, brick, stone, sand, gravel, unloading. or of any articles, whether of the same description or not, the weight of which in any one package shall 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 any flagstones or crossings 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 stones of the sidewalk or footway; and any owner or driver, or other person having the care of any such vehicle, who violates either of the provisions of this section, shall be liable to a fine of not less than five dollars nor more than fifty dollars for each offence. CARRIAGES. 115 SECT. 39. Every owner, driver, or other person Carriages,&c., shall stand near having the care and ordering of any cart, truck, sidewalk,andin wagon, or sled, or other vehicle, shall place his June24,1869. horse and cart, truck, wagon, or sled, or other vehicle lengthwise, as near as possible to the curb or abutting stone of the foot or sidewalk of the street in which he shall stand; and no more than one range of carts, trucks, or other vehicles, shall stand in streets not 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 said owners, drivers or other persons, in conformity to the directions of the board of 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 dollars nor more than fifty dollars. SECT. 40. N0 owner or driver of any hackney Horses,&c.,shall not be fed in streets. carriage, truck, wagon, dray, cart, sleigh, sled, or ibid. any other vehicle whatsoever, with horses or any other beasts harnessed thereto, shall bait or feed any such beasts in any street, lane, square, or alley of the city, under a penalty of not less than two dollars, nor more than fifty dollars, for each offence. All vehicles without horses harnessed thereto, ehicles shallbe removed during must be removed from the streets during the nightandon Sundays. night and on Sundays, otherwise they will be removed by the city at the expense of the owners. 116 CARRIAGES. Vehicles and SECT. 41.1 No owner, driver, or other person horses shall not approach within having the care of any street-car, chaise, carryall, ten feet of each 0 other at crossings, hackney carriage, truck, cart, wagon, hand-cart, Aug. 3,1869. sleigh, sled, hand-sled, or other vehicle whatever, finished or unfinished, with or without a horse or horses or other animal or animals harnessed thereto, shall drive or place, or allow to be driven or placed, said vehicle, or the horse or horses or other animal or animals attached thereto, within ten feet of the vehicle in front of the same at any foot-path or crossing in any of the streets Drivers shallstop or ways of this city; and such owner, driver, or when requested by hpoliea. Evert other person shall, when requested by any police team shall have a drver. officer, stop such vehicle at any place in the street for the purpose of allowing persons on foot to cross the street in safety. No person shall be allowed to drive, or have the care of, more than one vehicle in the streets or public places of the city; and every vehicle with a horse or horses, or other animal or animals harnessed thereto, shall be under the care of some competent person. 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. Vehicles shall not SECT. 42. No owner, driver, or other person be driven against or foulof persons having the care of any street-car, chaise, carryall, or things. Ibid. hackney carriage, truck, cart, wagon, hand-cart, sleigh, sled, hand-sled, or other vehicle, shall drive, or allow to be driven, the car or other vehicle of which he has the care, against, or foul of, any person or vehicle, or anything whatever, 1 The 41st and 42d sections were published in the Boston Post and Daily Advertiser, for two weeks from August 5, 1869; CARRIAGES. 117 in the streets of the city; nor shall he drive, or Horsesshallturn corners a walk. allow to be driven, the car or other vehicle of Aug. 6,1869. which he has the care around the corner of any of the streets in this city with the horse or horses attached thereto travelling at a faster gait than a walk. Any person offending against either of the provisons of this section shall be liable to a fine not less than five dollars nor more than twenty dollars for each offence. SECT. 43. No license shall be granted for any Licenses granted only to owner or hackney carriage, truck, wagon, dray, cart, hand- lesseeof carriage, cart, sleigh, sled, hand-sled, or other vehicle June24,1869. whatsoever, for the conveyance of passengers or property for hire within the city, except to the owner or lessee thereof. If any person, other than the owner or lessee thereof, shall take out a license for any such carriage, truck, wagon, dray, cart, sleigh, sled, hand-sled, or other vehicle, he shall be liable to a penalty not exceeding fifty dollars for each offence. When any owner or lessee of such carriage, When one ceases to be owner or truck, wagon, dray, cart, sleigh, sled, hand-sled or lesseehe shallsurrender license. other vehicle, who has received a license therefor, shall cease to be such owner or lessee, he shall, within ten days after ceasing to be such owner or lessee, surrender his license to the superintendent of hacks or of wagons, under a penalty not exceeding fifty dollars. SECT. 44. Whoever rides upon the steps Penaltyforriding upon steps of carof any omnibus, or upon any hackney carriage, riagesand plattorms of horsetruck, wagon, dray, cart, sleigh or sled, without cias Ibid. permission of the driver thereof, or upon the platform of any horse-car, without the permission of 118 CHELSEA. June 24, 186. the driver or conductor thereof, shall be liable to a penalty not exceeding fifty dollars for each offence. Whenrulesshall SECT. 45. The foregoing rules and orders take effect. Ibid. shall take effect immediately upon their passage; provided, however, that the persons now exercising the duties of superintendents of hackney carriages and of wagons shall continue to hold their several positions until the first Monday in April next, unless sooner removed, at the compensation already fixed by the city council. CHELSEA. STATUTES. North Chelsea; Winthrop; 1. Conditions of the connection City of Chelsea. between Chelsea and Boston. 5. In Suffolk, county property to 2. Dura ion of the act, provided belong to the city of Boston. for. County property to re- 6. Chelsea not to be assessed for main vested in Boston. county purposes. 3. Act to be accepted by the town 7. County matters in Chelsea, of Chelsea. North Chelsea, and Win4. Chelsea incorporated as a town; throp. Conditions of the 1. By an act of the legislature, passed June 23, 1831, it was tconnection sbe provided that the connection which, by law, then subsisted beBoston. tween the city of Boston and the town of Chelsea should continue 1831, c. 65, ~ 1. upon the following conditions, that is to say: "First: the said town of Chelsea shall, 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 estate and personal estate then belonging, or any time heretofore deemed and taken to belong, to the county of Suffolk, and shall 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 claims or has claimed or exercised any care, management, jurisdiction, or regulation, as aforesaid. Secondly: that the said city of Boston shall be at liberty to apply from time CHELSEA. 119 to time to the legislature for any alterations in the laws establish- 8ss, c. G6, ~ 1. ing and regulating county, municipal, or police courts, or respecting the administration of justice, which the said city of Boston shall 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. Thirdly: that the said town of Chelsea may 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 the said Duration ofthe sct, provided for. act should continue and be in force, so far as respects the con- Ibid.~e2. nection 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 county property the rights of property which should be acquired by the said city to ln veste in Boston. of Boston, under that act, should nevertheless remain forever vested in the said city of Boston. 3. By the third section, the act was to take effect whenever Acttobe accepted the said town of Chelsea, at any town meeting legally assembled, by the town of n In I""` " ^" Chelsea. should accept the same; and from the time of such acceptance Ibid. ~3. 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 Actaccepted. of Chelsea, duly notified and warned, on the 5th of September, Sept.,1831. 1831. 4. At the May session of the general court, in 1738, " all the Chelsea incorporalands within the town of Boston, heretofore called Winnisimmet, tedaatown. Rumney Marsh, and Pullen Point," were " erected into a township by the name of Chelsea." The town was divided in 1846, North Chlesea. 1846. c. 127. and a portion of its territory was made a separate town by the Winthrop. name of North Chelsea. In 1852, a portion of North Chelsea s185, 53. City of Chelsea. was incorporated as the town of Winthrop. Chelsea was ma(e a 1857,c. 18. city in 1857. In 1856 an act was passed re-uniting Chelsea to 185,c. 141. Boston; but it was made conditional upon its acceptance by Chelsea and Boston. The vote in Chelsea was in favor of annexation, but that of Boston was against it. 120 CHIMNEYS AND CHIMNEY SWEEPERS. In Suffolk, county 5. It is provided by the general statutes, that all the real estate to thercity ofel and personal estate in the county of Suffolk, which, on or before the Boston. twenty-third day of June, in the year one thousand eight hundred G. S. 17, ~ 3. 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 city of Chelsea and towns of North Chelsea and Winthrop shall have no right, title, or interest therein. Chelsea not to be 6. In the assessment of county taxes for the county of Sufapsees.d forcounty folk, the city of Chelsea, and the towns of North Chelsea and G. s., ~ so. Winthrop, are not to be taxed for county purposes. County matters in 7. The voters of Chelsea, North Chelsea, and Winthrop, Chelsea, North Chelsea, andWin- vote with Middlesex County in the election of county commisthrop. sioners; and the county commissioners of Middlesex County G. S. 10, ~~ 6, 7,14. c. 7, ~34. have, and may exercise, in the above-named places, the authority. 43, ~ 80. of county commissioners in relation to highways and other matters, except as is otherwise provided by law. CHIMNEYS AND CHIMNEY SWEEPERS. ORDINANCE. 3. Foul chimneys, how to be exam3. Chimneys to be examined and ined. Fires not to be ept in repaired. Penalty. Defec- them. Penalty. tive chimneys may be abated. 4. Penalty for burning chimneys, 2. Sweepers of chimneys to be &c. Proviso. licensed. Penalty. ORDINANCE.1 himneys to be SECTION 1. The board of aldermen, upon examined and rpaired2. complaint made to them, or upon their knowledge Dee, 28,1825. and view of any defective chimney or fireplace within this city shall, 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 1 An ordinance for the regulation of chimneys and chimney sweepers, passed December 28, 1825. An ordinance establishing a fire department, &c., passed June 4, 1850, ~ 26. CHIMNEYS AND CHIMNEY SWEEPERS. 121 taken down and demolished.' And if the owner Dec. 281825. or owners of such defective chimney or fireplace 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 dollar nor more than twenty dollars; provided, that such penalty. owner or owners shall have been served with an order in writing from the board of aldermen to amend, repair, or take down the said defective chimney or fireplace (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 served upon such owner or owners, by any person appointed for that purpose by the said board. And the board of 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- Defectivechimneys must be place to be taken down and abated as a common abated. nuisance; and the owner or owners of such defective chimney or fireplace 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 fireplace. SECT. 2. The board of aldermen are author- Sweepersof chimneys to be licensed. ized and directed to appoint and license, from Dec. 28,1825. time to time, suitable persons to be sweepers of chimneys in this city, who, together with their apprentices, and others by them employed, shall wear such badges as the board shall appoint and 1 For provisions in cases of dilapidated and dangerous buildings, see Buildings, ante, p. 84, ~ 22. 11 122 CHIMNEYS AND CHIMNEY SWEEPERS. Dec. 28,1825. direct, and whose wages and compensation for their work and service in sweeping chimneys shall not exceed the rates which have been fixed and appointed by the mayor and aldermen, or may hereafter be fixed and appointed by the board of 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 Penalty. his own occupation, every such person shall forfeit and pay a sum not less than one dollar, nor more than twenty 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 board of aldermen; and if any inhabitant of this city shall employ any person other than the chimpey 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. Fou chimneys, SECT. 3. When, and so often as, complaint is how to be examined. made to the board of aldermen by any chimney sweeper appointed and licensed as aforesaid, or by any inhabitant of the city, against any person or persons, that their chimneys are unsafe by reason of foulness, the said board, or any other person by them empowered, is hereby directed to inspect and view, or order to be inspected and CHIMNEYS AND CHIMNEY SWEEPERS. 123 viewed, and to them reported, every such chim- Firenot to be -I~~~~~~~~' v ~kept in them. ney complained of as aforesaid; and if upon such Dec 28 1825 view, inspection, and report they shall, either from their own view, or the report of the person appointed to view as aforesaid, judge the same to be unsafe and dangerous to make and keep fire therein by reason of foulness, they 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 the 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 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 Penalty for burning chimneys, &c. within the city shall take, or be set on, fire, the June 4,1850. occupant of the house to which such chimney, stove-pipe, or flue appertains, or.the person or persons so setting the same on fire, shall forfeit and pay the sun of two dollars; provided, that it Proviso. shall be lawful for any person to set fire to, and burn, his chimney, stove-pipe, or flue between sunrise 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 of the fire department to report to the board of oaldermen the name of every person liable to the penalty provided by this section, in their first returns thereafter. 124 CITY CLERK. CITY CLERK. STATUTES. 5. His power to certify or attest 1. City clerk - how chosen. documents and papers. 2. Vacancy in the office of —how filled. ORDINANCE. 3. In case of temporary absence, 1. City clerk to have care and cusappointment of clerk, pro tody of city records, &c. tempore. 2. Assistant city clerk-how nom4. Office of assistant city clerk inated and appointed. established. 3. Duties of assistant city clerk. City clerk. 1. The mayor, aldermen, and common council in convention Carter. in the month of January, shall choose a clerk for the term of one 1854, c. 448, ~ 30. 97 Mass. 39. year, and until another person is duly chosen and qualified in his stead, who shall be sworn to the faithful discharge of the duties of his office, and shall be removable at the pleasure of the board of aldermen, -the mayor thereto consenting. He shall be denominated the city clerk, and it shall be his duty to keep a journal of the acts and proceedings of the board of 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 thereunto required by the aldermen. The city clerk thus chosen and qualified shall continue to have all the powers and perform all the duties now by law belonging to him. Vacancy in office 2. In case of a vacancy in the office of city clerk, from any ofity clerk cause, the same shall be filled in the manner provided in the preceding section. Absence of city 3. In case of the temporary absence of the city clerk, the kIbid, 32. mayor, by and with the advice and consent of the board of aldermen, may appoint a city clerk pro tempore. Office of assistant 4. Any city in the commonwealth may establish, by ordinance, cit lerk esta- the office of assistant city clerk, who shall be appointed in such blished., 1869, c. 72, ~ 1. manner and have such duties and powers, now belonging to the office of city clerk, as such ordinance shall prescribe and determine. His certificate to 5. Any document or paper certified or attested by an assistant have same force as city clerk, shall be admissible in evidence in all courts of this that of city clerk. 1869, c, 72, ~ 2. commonwealth, in the same manner, and to the same extent, as if such document or paper were certified or attested by a city clerk. CITY CLERK. 125 ORDINANCE.1 SECTION 1. The city clerk, under the direction City clerk to have care and custody and control of the board of aldermen, shall have of city records, etc. the care and custody of the city records, and Sept.,1850, ~ 12. 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. SECT. 2. In the month of July, in the year Assistant city clerk, how nomieighteen hundred and sixty-nine, and in January nated and appointed. annually thereafter, there shall be appointed an Mayl,1869. assistant city clerk for the city of Boston. Said assistant shall be nominated by the city clerk to the board of aldermen, confirmed by said board, and sworn to the faithful discharge of his duties. He shall hold his office for the remainder of the municipal year in which he is appointed unless sooner removed; and he may be removed at any time by the city clerk. He shall be compensated for his services by the city clerk from the appropriation made by the city council for clerk hire in his office. SECT. 3. It shall be the duty of said assistant Duties ofassistant city clerk, city clerk to assist the city clerk in recording, Ibid. indexing and certifying mortgages of personal property, mechanics' liens, assignments of wages, organizations of joint stock companies, and also, 1 Ordinances in relation to officers and office hours, passed Sept. 9, 1850; and to establish the office of assistant city clerk, passed May 10, 1869. 11* 126 CLAIMS. May 10, 869 if necessary, to attest documents, as provided in the second section of chapter seventy-two of the acts of the year eighteen hundred and sixty-nine; and perform all other duties pertaining to the office of city clerk, when thereto requested by him, or when the office of city clerk shall be vacant from any cause. CLAIMS. ORD IANCE. 1. Appointment of a joint standing committee on claims. Powers and duties. Appointmentofa SECTION 1. In the month of January, or as joint standing committeeon soon as may be thereafter, annually, there shall claims. Powersand duties. be appointed a joint committee of the city Oct. 26, 1869. council, to be called the committee on claims, to consist of three members of the board of aldermen, and five members of the common council. Said committee shall have full power and authority to investigate all claims against the city, except for damages on account of the laying out and widening streets, the change of grade of streets, and the abatement of nuisances by the board of health; and may take such steps, in consultation with the city solicitor, as they deem expedient for the defence of the city in suits at law for the recovery of any alleged claim against the city. Said committee are also authorized, with the approval of the mayor, to settle and adjust any such claim which does not exceed, in amount, the sum of five hundred dollars. CLERK OF COMMITTEES. 127 CLERK OF COMMITTEES. ORDINANCE. 3. Said clerk may appoint an as1. Election of clerk of standing or sistant subject to approval of special committees. city council. 2. Said clerk to make a record of 4. Repeal of former ordinance. proceedings of committees. Proviso. SECTIoN 1. On the first Monday of Febru- Election of clerk of standing or special ary, annually, or within sixty days thereafter, omt2ttle869 there shall be elected, by concurrent vote of both branches of the city council, a clerk of all committees, standing or special, of either branch, or of both branches, of the city council, not otherwise provided for by any ordinance or order of the city council. Said clerk shall hold his office for one year from the first Monlday in April, in the year in which he shall be elected, unless sooner removed; and he may be removed at the pleasure of the city council; and vacancies may be filled at any time for the unexpired term. For his services he shall receive such compensation as the city council shall from time to time determine. SECT. 2. Said clerk shall make a proper record said clerk tomake a record of proin books kept for the purpose, and furnished by ceedngs of corthe city, of all the proceedings and transactions Ibid. of the committees of which he is clerk; and shall keep a calendar of all the meetings of said committees, and notify the members thereof whenever requested so to do by the chairman for the time being. He shall also perform such other duties and services as the said committees, or either of them, shall from time to time require. 128 COMMON AND PUBLIC SQUARES. Said clerkmay SECT. 3. Said clerk may, upon the passage of appoint an assistant, subject to ap- this ordinance, and annually afterwards in the proval of city council. month of April, or whenever a vacancy occurs, Oct. 26, 1869. appoint an assistant, subject to the approval of the city council. Said assistant shall perform such services, clerical or otherwise, as the said clerk, or any of the committees aforesaid, may direct. He may be removed at any time by the said clerk, or the city council. For his services he shall receive such compensation as the city council shall from time to time determine. Repeal of former]j SECT. 4. The ordinance in relation to the ordinance. Proviso. clerk of committees, passed July 2, 1857, and Ibid. amended Nov. 24, 1865, is hereby repealed; provided, 7however, that the clerk of committees already elected shall hold his office for one year from the first Monday in April, 1869, unless sooner removed. C( MMON AND PUBLIC SQUARES.1 STATUTES. ORDINANCE. 1. Penalty for injuring trees, stat- 1. The board of aldermen to have ues, fountains, &c., in the care of the common, streets, parks, &c. &c. 2. Owners of beasts liable for in- 2. Police may remove offenders. jury to trees, &c. 3. Horses not to be rode on the 3. Trees may be set out at public common. Proviso. expense, &c. 4. Sward, gravel, &c., not to be 4. Back Bay Lands to be filled by taken from the common. the commonwealth. 5. Trees on the common or malls 5. Equivalent in, to be granted for not to be injured, &c. rights relinquished by city of 6. Filth, &c., not to be placed on Boston. the common, &c. 6. Act to be accepted by the voters 7. Carpets not to be shaken on the of Boston. Acceptance. common, streets, &c. 1 For some account of the common and other public squares, see edition of Laws and Ordinances, 1863, p. 115. COMMON AND PUBLIC SQUARES. 129 8. Cattle, &c., not to go at large public garden, &c., prohibion the common, &c. ted. 9. Wheelbarrows, &c., not allowed 13. Stones, filth, &c., not to be on the common, &c. thrown in any pond, &c. 10. Playing ball, &c., prohibited on 14. Penalties. the public garden, except, 15. Board of aldermen may make &c. rules and regulations relating 11. Preaching, speaking, &c., pro- to common, &c. Rules may be hibited on the common, altered or abolished by city except, &c. council. 12. Walking on flower-beds in STATUTES. 1. Whoever wantonly injures, defaces, tears, or destroys an Penalty for injurornamental or shade tree,1 or shrub, statue, fountain, vase, or ing treef, statutes, &c., in streets, other plant or fixture of ornament or utility, in a street, road, parks, &c. square, court, park, public garden, or other enclosure, shall for- G s. 46, ~~ 82, feit not less than five nor more than one hundred dollars, to be 83, 84. recovered by complaint, one half to the complainant and the other half to the use of the person upon whose property, or within whose premises, the trespass was committed. 2. Whoever negligently or carelessly suffers any horse or owners of beasts other beast driven by or for him, or any beast belonging to him liable for ijury to trees, &c. and lawfully on the highway, to break down, destroy, or injure G s. 46, ~ s. any tree not his own, standing for use or ornament on said highway, or negligently or wilfully by any other means breaks down, destroys, or injures any such tree, shall be subject to an action for damages at the suit of the owner or tenant of the land in front of which the tree stands. 3. In a city in which the city council, and in a town in Trees may beset which the inhabitants, have accepted this section,2 the mayor and out at public exI pense, &c. aldermen or selectmen may set out and maintain shade trees G.S.46, ~9. upon the public squares and highways at the expense of such 6e~~G8. 46, ~6. city or town, which may appropriate annually for that purpose a sum not exceeding twenty-five cents for each of its ratable polls in the year next preceding that in which such appropriation is madeo 4. By an act passed April 6, 1859, the commissioners on Back Bay comthe Back Bay were authorized and required to fill up and complete msoers to fill at the expense of the commonwealth, so much of the street next 181su, c. 210, ~ 3. west of the public garden, called Arlington street, as remained to be completed at the time of the passage of the act, so that the said street should be of the full width of eighty feet; and also the strip of land easterly of said street, which was released by the 1 See " Trees," post. 2 Sect. 9, chap. 46, G. S. This section does not appear to have been accepted by the City Council of Boston. 130 COMMON AND PUBLIC SQUARES. i859, c. 210, ~3. commonwealth to the city of Boston, by indenture dated December eleventh, eighteen hundred and fifty-six. The act further provided that no building should, after the passage of the act, be erected between Arlington and Charles streets, except such as are expedient for horticultural purposes; provided, that nothing contained in the act should render it unlawful to erect a city hall on the public garden. Equivalent to be 5. By section four of the act it was provided that the commonrelnqishedibyt wealth should grant to the city other lands in consideration of the Boston. city relinquishing the right it had to erect buildings on the strip 18%9, c. 210, ~4. of land on the east side of Arlington street, conveyed to the city by the commonwealth, December 11, 1856. Act to be accepted 6. In section six, the legal voters of Boston were required to by the voters of Boston. meet, within thirty days, for the purpose of giving their votes 1859, c. 210. ~6. 4 yes" or "no " on the question of accepting the act. On April Acceptance. 25, 1859, meetings were held in the several wards, and the act was accepted by a vote of 6,287 yeas to 99 nays. ORDINANCE.1" Board of alder- SECTION 1. The board of aldermen shall have men shall have the careofthe Com- the care and custody of the common, public garmon, &c. Jan.4,1862. den, public squares, and public fountains of the city, subject to such ordinances, as may from time to time be passed by the city council; but no money shall be expended on the same except for such purposes as shall be ordered by the city council. Police may re SECT. 2. It shall be the duty of any police move any person violating any law, officer to remove fiom the common, public gar&C. Ibid. den, or any of the public squares or common lands, any person who is violating any law or ordinance, or is committing any nuisance, or is guilty of disorderly conduct. Horsesnot tobe SECT. 3. NO person shall ride, lead, or drive permitted in, &c. Ibid. any horse in or upon the common, public garden, 1 An ordinance relating to the common, public garden, public squares, and common lands, passed January 4,1862. COMMON AND PUBLIC SQUARES. 131 or any public square, or any open ground be- Jan. 4,1862, longing to the city, unless by permission of the mayor, or authorized by the board of aldermen; provided, however, that on occasion of military Proviso. exercise, parade, or review, the introduction of any horses on the common, which may be necessary for the purpose of such exercise, parade, or review, shall not be deemed an infraction of this ordinance. SECT. 4. No person shall dig or carry away Sward,gravel,&c not to be dug or any of the sward, gravel, sand, turf, or earth in riedaway. or upon any part of the common, public garden, public squares, or common lands, except by permission of the mayor and aldermen, for some public use. SECT. 5. No person, except by permission of Treesnottobe climbed, or horses the mayor and aldermen, shall climb any of the tiedtothem. Ibid. trees growing, or which shall hereafter be planted, on the common, public garden, public squares, or common lands of the city, or in any street or public place of the city, nor tie any horse or other animal to any of said trees, or post any bills thereon. SECT. 6. No person, except by permission of Filthorothersubstance, not to be the mayor and aldermen, shall in any manner crried onto,&c carry, or cause to be carried upon the common, public garden, common lands, or any public square or place of the city, any dead carcase, ordure, filth, dirt, stones, or any offensive matter whatsoever, and no person shall commit any nuisance on the common, public garden, common lands, or any public square or place of the city. 132 COMMON AND PUBLIC SQUARES. Carpets not to be SECT. 7. No person shall shake or otherwise shaken on. Jan.4,1862. cleanse any carpet on the common, public garden, or on any of the common lands, or in any of the public squares or places, streets, lanes, or alleys of the city. Horses, &c., not to SECT. 8. No owner or keeper of any hog, be at large, &c., on Ibid horse, or grazing animal, shall suffer the same to go at large, or feed upon the common, public garden, common lands, public squares, streets, lanes, or alleys of the city. Wheelbarrows, SECT. 9. No person shall, without permission &c., not allowed on. Ibid. of the mayor or board of aldermen, carry or cause to be carried upon the common, public garden, or public squares of the city, any wheelbarrow, hand-cart, or other vehicle for the conveyance of bi rdens. Ball-playing, &c., SECT. 10. No person or persons shall, without prohibited. Ibid. the consent of the mayor or board of aldermen, engage in games of ball, foot-ball, or other athletic sports, upon the public garden. Preaching, &c., SECT. 11. No person shall deliver any sermon, prohibited. Ibid. lecture, address, or discourse on the common, public garden, public squares, or common lands of the city without the permission of the mayor and aldermen. Walkingonflower- SECT. 12. No person shall walk or stand upon beds prohibited. Ibid. any of the flower-beds on the common, public garden, or any public square or common lands of the city, or suffer or permit any dog or other COMMON AND PUBLIC SQUARES. 133 animal belonging to him or in his charge to stand Jan.4,1862. or walk upon any of said flower-beds. SECT. 13. No person, without the permission Stones,filth,&e., not to be thrown of the mayor and aldermen, shall throw or place in any pond,&c. Ibid. any stone, sand, gravel, tan, earth, filth, rubbish, or any other substance, in or upon any pond on the common, public garden, or any public square or common lands of said city, or upon the ice on any pond aforesaid, or cut or break, or remove, the ice therein or therefrom. SECT. 14. Any person who shall offend against Penalties. any of the provisions of this ordinance, shall forfeit and pay for each offence, a sum not less than one nor more than twenty dollars. SECT. 15. The board of aldermen may from Aldermenmay make rules not time to time make rules and regulations not in- insibtent. consistent with the provisions of this ordinance in reference to the use of the common, public garden, public squares, and common lands of the city, but such rules and regulations may be altered or abolished at any time by the city council. 12 134 CONSTABLES. CONSTABLES. STATUTES. 4. Special authority of constables 1. Mayor and aldermen to appoint in Boston. Bond, &c. constables. 5. Any constable of Boston may 2. Persons injured by breach of serve process in personal acbond of constables, may main- tion where damages are laid tain actions in name of not exceeding three hundred treasurer. Proviso. dollars. 3. Copy of bond to be given to per- 6. How removable. Vacancies, how sons applying for the same. filled. STATUTES. Mayor and alder- 1. The mayor, by and with the consent of the aldermen, is men to appoint empowered to appoint annually, such a number of persons as conconstables. 1802, c. 7, ~ 1. stables as the public service may require; and the said constables, 1821, c. 110, ~ 13. l4', c.,4 ~49, p. so appointed, shall give bonds to the city treasurer, in such sums, 22, ante. and on such conditions, as the board of aldermen shall think Bond. See~4. proper, for the faithful performance of the duties of their office. 5 Allen, 409. By the act of 1802, constables in Boston have the same powers as Powers. 1807, c. 134, ~ 3. were by law vested in constables chosen by the towns in this commonwealth. Such constables, in addition 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. Persons injured by 2. When the condition of any bond, given to the treasurer of the bcnsablh f bn of city of Boston by any constable of said city for the faithful performmaintain actions ance of the duties of his office, shall be broken to the injury of any in name of treasurer. person, such person may cause a suit to be instituted upon such 1814, c. 165, ~ 1. bond, at his own costs, but in the name of the treasurer of the city of 7 Allen, 387. Boston; and the like indorsements shall be made on the writ, and the like proceedings be had thereon to final judgment and execution, and the like writs of scirefacias on such judgment as may be made and had by a creditor on administration bonds given to Proviso. 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 CONSTABLES. 135 penalty for which execution shall be awarded; provided, however, Proviso. that this act shall not be construed to make any surety in any 1814,c.16,~ 1. 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. 3. It shall be the duty of the treasurer aforesaid to deliver an Copy of bond to be given to persons attested copy of any constable's bond to any persons applying applying for the and paying for the same, and such attested copy shall be received same. Ibid. ~ 2. as evidence in any case; provided, nevertheless, that if in any suit, See ~4. the execution of the bond shall be disputed, the court may order the treasurer to bring the original bond into court.' 4. Any constable in the city of Boston who shall have given Specialauthority in tihe city of Bosto the treasurer of the city of Boston a bond, with sureties in a ton. Bond, &c. sum not less than three thousand dollars, to the satisfaction of 1860, c.147. the said treasurer, with condition for the faithful performance of his duties in the service of all civil processes which may be committed to him, and shall have caused the same, with the approval of the mayor and aldermen of said city indorsed thereon, to be filed in the office of the city clerk of said city, may, within the said city of Boston, serve any writ or other process in any personal action, and any process in replevin which constables are now by existing provisions of law authorized to serve; and in addition thereto may serve any writ or process in any personal action or process in replevin which may be made returnable to the police court in said city of Boston; and no constable in the city of Boston shall serve any civil process until he shall have given the bond as herein provided. 5. Any constable of the city of Boston who shall have cor- Any constable of Boston may serve plied with the provisions of section one, of chapter one hundred proces inpersonal and forty-seven of the acts of the year eighteen hundred and action where damages are laid sixty, may, within said city of Boston, serve any writ or other notexceeding process in any personal action in which the damages are not laid three hundred at a greater sum than three hundred dollars, and any process in 1869, c.247. replevin in which the subject-matter does not exceed in value three hundred dollars. 6. The mayor of a city may, with consent of the board of How removable. Vacancies. aldermen, remove from office a constable for gross misconduct; G.s. 19,3. and vacancies in the office of constable may be filled by the 1864,c.174. mayor and aldermen at any time during the year. 1 For general provisions respecting the authority and duties of constables, see G. S. 18, ~~ 31, 60-71. See, also, Taxes, post. 136 CONTRACTS WITH CITY OFFICERS. CONTRACTS WITH CITY OFFICERS. STATUTE. from any county, city, &c., 1. State, city, town, and other shall receive any fees, &c., puhblic officers and persons but may be paid for expenses. employed by them, &c., not ORDINANCE. to receive commissions, &c., on purchases and contracts. 1. No member of the city council, 2. Penalty on officers, &c., for and no person elected by violations of act, and on per- them, shall be interested in sons for offering any bonus, any contract with the city commission, &c. government, unless specially 3. Auditing officers may require authorized. claimants to make oath to 2. All contracts made contrary to certain facts, this ordinance to be void, 4. No officer who receives a salary unless, &c. STATUTES. State, city, town, 1. No officer or agent of the State, or of any city, town, officers nd per-i or public institution, nor any person employed by either of them, sons employed by authorized to procure materials, supplies, or other articles, either them, &c., not to receive commis- by purchase or contract, or to employ service or labor, shall be sions, &c., on pur- allowed either directly or indirectly for himself, or for any other chases and contracts. person, to receive any commission, discount, bonus, present, or ]8(i2, c. 10o, ~ 1 reward from the person or persons making such contract, furnishing any such materials, supplies, or other articles, or from any person rendering service or labor under such contract. Penalty on officers, 2. Any person offending against the provisions of the preced&c., for violating this act, and on in section, or any person who shall give or offer any such persons foroffering commission, discount, bonus, present, or reward, shall be deemed any bonus or commissions, &c. guilty of a misdemeanor, and upon conviction shall be punished Ibid. ~2. by a fine of not less than ten dollars, nor more than five hundred dollars, or by fine and imprisonment not exceeding one year, at the discretion of the court. Auditing officers 3. The State auditor, or the auditor of any city, town, or may require claimantstomake oath public institution, or any person authorized to approve demands to certain facts for the supply of any articles specified in the first section of this act, is hereby authorized, before approving any such demand, to require the claimant to certify under oath, that the whole of the articles for which claim is made has been furnished, or that the whole labor or service has been performed, and that no commission, discount, bonus, reward, or present of any kind has been received, or is promised or expected on account of the same. CONTRACTS WITH CITY OFFICERS. 137 4. No sheriff, deputy-sheriff, jailer, constable, city marshal, No officer whoreceives a salary from or other officer, who receives a salary from any county, city, or yves a salayity,m town, for his official services, shall be allowed or paid any fees, or &c., shall receive fees, but only their extra compensation whatever, for any official services in any expenses. criminal case rendered or performed whilst such officer is entitled 1862, c. 216, ~ 15. to a salary as aforesaid; but all fees of such officers for services Fees to be paid in criminal cases, shall be allowed and taxed as in behalf of other city,&c. officers, and shall be paid to the city, town, or county from which such officer receives his salary. The expenses of such officer, necessarily and reasonably incurred, and actually disbursed, in the service of any precept, shall be allowed and paid to him. ORDINANCE.1 SECTION 1. No member of the city council, no Membersof city council and others member of any board, and no individual chosen nottobeinterested in any contract by the city council, or by either branch thereof, witte city. Dec. 23, 1850. shall be interested in a private capacity, directly or indirectly, in any contract or agreement for labor, or for any materials, goods, wares, or merchandise furnished to the city, wherein the city is a party interested, unless the same be expressly authorized to be made and entered into with such member, by some ordinance or order of the city council. SECT. 2. All contracts, agreements, purchases, Allcontracts made contrary to the and sales, made contrary to the preceding section, provisions offirst section to be void, shall be utterly void at the pleasure of the city un~-.. &c. council; and no bill against the city, arising out of, or connected with, any such contract, agreement, purchase, or sale shall be approved by any committee, passed by the auditor, or paid by the treasurer, unless approved and allowed by express vote of the city council. 1 An ordinance in relation to contracts with city officers, passed December 23, 1850. 12* 138 CONTRACTS ANT EXPENDITURES. CONTRACTS AND EXPENDITURES. When appropriations are defi- ciency, and estimate of amount recient, committees and boards shall quired. No contract to be made report to city council, &c., the defi- until authorized, &c. ORDINANCE.1 When appropria- Whenever any committee or board is authortion is deficient, repoittees, &. to ized to make any contract, by the city council, or March 1eport, 859. * March 19,1. either branch thereof, or to expend any moneys appropriated by the city council, or either branch thereof, for any purpose, and the estimates for such contract shall exceed in amount the appropriation specifically made for the object thereof; or the sum specifically appropriated for any purpose shall have been expended by them, and for either reason a further appropriation is necessary for the accomplishment of the undertaking, such committee or board shall report to the city council, or the branch thereof from which their authority is derived, the fact of such deficiency of the appropriation, with a detailed statement of ommittee, &c., the cause or causes thereof, and an estimate of not to make any cauthorized the amount necessary to be added to such apIbid. propriation, and the committee or board shall not conclude such contract, nor make further expenditure in the premises, until they shall be authorized so to do by the city council, or the branch thereof from which their authority is derived. 1 An ordinance in relation to contracts and expenditures, passed March 19, 1859. COUNTY AND COUNTY OFFICERS. 139 COUNTY AND COUNTY OFFICERS. STATUTES. 11. In Chelsea, North Chelsea, and 1. Boundaries, powers, &c., of Winthrop, commissioners of counties. Middlesex to act. 2. Former conveyances to coun- 12. To whom powers and duties of ties confirmed, commissioners appertain. 3. In Suffolk, county property to belong to Boston. COUNTY OFFICERS. 4. How county lands may be sold. 1. Judge of probate and insol5. County buildings to be provided vency. by Boston. 2. District attorney. 6. Maps. 3. Assistant district attorney. 7. Same subject. 4. Sheriff. 8. Suffolk and Middlesex counties 5. Clerks of courts and assistants. to have concurrent jurisdic- 6. Register of probate and insoltion on Charles River, over vency and assistant register. crimes, &c. 7. Commissioners of insolvency. 9. Concurrent jurisdiction with 8. Register of deeds. other counties over crimes, 9. County treasurer. &c., in the islands in Boston 10. County commissioners. Harbor. 11. Master of house of correction. 10. The aldermen of Boston have 12. Coroners. powers, &c., as county com- 13. Board of accounts. missioners in the city. STATUTES. 1. The boundaries, rights, duties, powers, privileges, and immu- Boundaries, nities, of the several counties shall remain as now established.1 powers,., of Each county shall continue a body politic and corporate for the G. S.17, ~1. following purposes: to sue and be sued, to purchase and hold for the use of the county personal estate and lands lying within its own limits, and to make necessary contracts and do necessary acts in relation to the property and concerns of the county.2 2. Real and personal estate heretofore conveyed by any form Former conveyof conveyance to the inhabitants of a county, to the county treasu- ancs to counties confirmed. rer, or to a committee, or other persons, for the use and benefit of Ibid, ~2. a county, shall be deemed to be the property of such county; and such conveyances shall have the same force and effect as if made to such counties by their respective corporate names. 1 The county of Suffolk now includes'within its territorial limits the cities of Boston and Chelsea, and the towns of North Chelsea and Winthrop. 2 See Colony Ordinances of 1643 and 1662; Mass. Col. Rec. vol. II, p. 38; vol. IV, p. 52, and Plymouth Colony Law of 1685; Plym. Col. Laws, pp. 294, 295, ed. of 1836. 140 COUNTY AND COUNTY OFFICERS. In Suffolk, county 3. In the county of Suffolk, the real and personal estates which property belongs to Boston. 8 on or before the twenty-third day of June, in the year one thouG..17, ~3. sand eight hundred and thirty-one, belonged, or was deemed and taken to belong, to said county, shall belong to and be vested in the city of Boston; and the city of Chelsea, and towns of North Chelsea and Winthrop, shall have no right, title, or interest, therein. How county lands 4. The county commissioners, or other public officers having may be sold and conveyed. the charge and management of the county lands, may, by their Ibid. ~4. order of record, appoint agents to sell any real estate of their county; and deeds made on behalf of the inhabitants of the county by such agents, under their proper hands and seals, and duly acknowledged by them, shall be sufficient to convey the right, title, interest, and estate which the county then has to the lands so conveyed. County buildings 5. In the county of Suffolk, the court houses,l jails, houses of to be rovided by correction, fire-proof offices, and other necessary public buildings, G. S. 17, ~ 6. for the use of the county, shall be provided by the city of Boston, and said city shall pay all county charges. County maps. 6. Changes in the boundaries of cities and towns, the courses Ibid. ~ 7. of roads, railroads, and canals, and other topographical alterations in each county, shall be correctly and fairly delineated on the county maps in the possession of the county commissioners, who shall retain said maps, and from time to time cause such delineation to be made thereon. Same subject. 7. The secretary of the commonwealth shall, as often as necesIbid. ~8. sary, transmit the manuscript county maps in his office to the respective county commissioners, who shall cause to be transferred thereto, by a competent engineer or surveyor under their direction, all alterations and corrections mentioned in the preceding section, and shall within two months after receiving the same, return such maps to the office of the secretary, who shall immediately cause the alterations to be delineated on the plates of the State map. Concurrent juris- 8. The jurisdiction of the counties of Suffolk and Middlesex dicton with M- shall be in common in and upon the waters of Charles River; that dlesex county on Charles River. is to say, all that space which lies within the banks of the river so Ibid. ~ 9. far as the same runs between said counties. All offences committed within the banks of the river, as above described, may be heard, tried, and punished in that county in which legal process against the offender is first issued, in like manner as if such offence 1 By chapter 306, of the acts of 1867, the board of aldermen of Boston were authorized to take and hold, by purchase or otherwise, so much land as they may deem necessary for the purpose of erecting thereon a court house; see "Buildings," ante, p. 80. COUNTY AND COUNTY OFFICERS. 141 had been committed in such county; and civil process from either G.s. 17, ~ 9. county may run into and be executed within the common jurisdiction. 9. The courts in the county of Suffolk, concurrently with the Jurisdiction with other counties courts of the several other counties in which parts of the territory over islands in hereinafter described are situated, shall have jurisdiction of all BostonHarbor. Ibid. ~ 10. crimes, offences, and misdemeanors committed on the islands or waters in Boston Harbor which lie westerly of a line drawn from Point Alderton to the easternmost point of the Outer Brewster Island, and from thence to Short Beach, at the line dividing the towns of North Chelsea and Winthrop, as if said islands and waters were within the limits of the county of Suffolk; and also 863, c.177. of all crimes, offences, and misdemeanors committed in those portions of the town of Hull not embraced within the previous provisions of this section. 10. In the county of Suffolk, the aldermen of the city of In Suffolk, alderBoston shall have like powers and perform like duties within said eno have powy of county counmiscity as are exercised and performed by the county commissioners sioners. of other counties, except such as relate to trials by jury, and the recovery of damages on such trials, in laying out, altering, or discontinuing, highways or townways. 11. In the county of Suffolk, the county commissioners for the In chelsea, North ~ —.,,-y~~~~~~~ i n -I~ * *'j *i- iChelsea, and Wincounty of Middlesex shall have juris liction within the city of thlrop, comisChelsea and the towns of North Chelsea and Winthrop, and shall sioners of Middle sex to act. exercise and perform therein all the powers and duties relating to bid. ~34. highways, and to all other matters which, in their own county, are committed to their control and direction, except as is otherwise provided by law; and when performing duties which relate to said places, they shall be paid therefor by said places, or either of them, in such proportions as the commissioners may direct, at the rate of three dollars a day, and five cents a mile travel, for each commissioner attending in the case. 12. All the provisions of law concerning the powers, duties, To whom powers and duties of comand liabilities of county commissioners and their clerks shall, missioners, &c., except where otherwise specially provided, be construed to appertain. include and apply to all other public officers who by law exercise the powers of such commissioners or clerks in the respective counties. COUNTY OFFICERS. 1. The judge of probate and insolvency is appointed by the Judge ofprobate. governor with the advice and consent of the council, and holds ~s,,t.on; c3, 1. office during good behavior. Salary, $3,000; paid by the (.s. 19, ~~ 1,i. 1867, c. 357, ~ ].. commonwealth. 2. The district attorney, elected in November, 1868, and every District a..torney. 142 COUNTY AND COUNTY OFFICERS. G. s.10, ~~1,2. third year thereafter by the voters of Suffolk district (which is I Allen, ~38. the same as Suffolk county), holds office for three years from the 1 Allen, 358. Ibid. 14, ~ 30. first Wednesday in January following said election. For sufficient cause he may be removed by the supreme judicial court. In case of a vacancy, the governor may appoint a person to fill such vacancy, who shall hold the office until the next annual election, or until another is chosen in his stead. In case of no election or a Ibid. 10, ~~10, 13. vacancy, the governor shall order a new election. Salary, $3,500; 187, c. 34, ~ paid by the commonwealth. Assistant district 3. The assistant district attorney for Suffolk district is attorney. appointed by the governor, and holds his office at the pleasure of G. S. 14, ~ 32. 1867, c. 349, ~ 1. the executive. Salary, $2,100; paid by the commonwealth. Sheriff. 4. The sheriff, elected in November, 1868, and every third bid.,~~,. year thereafter, holds office for three years from the first WednesIbid. 17, ~~ 51-64. day in January following his election. He may be removed by the governor for cause, and the vacancy for this or any other cause may be filled by appointment by the governor; the person so appointed shall hold office until a successor is elected and qualibid. 10, ~~ 10,13. fled. In case of a failure to elect, or other vacancy, the governor Ibid. 17, ~70. shall order a new election to fill such vacancy. Salary, $2,500; paid by the county. Clerks of Courts. 5. The clerks of the courts, to wit: one clerk of the supreme Ibid. 10, ~~, 3. judicial court, and two clerks of the superior court (one for the civil and one for the criminal business), elected November, 1866, and every fifth year thereafter, by the voters of Suffolk county, hold their office for five years from the first Wednesday in January Ibid. 112, ~ 4. following their election. They may for cause be removed from 1 Alle, 38. office by the supreme judicial court. If a vacancy in the office of clerk of the supreme judicial court in Suffolk occurs, the justices of that court may appoint a clerk to hold office until the next annual election, or until another is elected or appointed; and if there is a vacancy in the superior court, the justices of that court may in like manner appoint a clerk for a similar term. In case of Ibid. 10, ~~ 10,13. a failure to elect, or a vacancy, the governor shall order an elecIbid. 121, ~~ 23, 24. 1867,c.295,~~1,2,3. tion to fill such vacancy. For salaries they shall receive the following sums out of the fees received by them respectively, to wit: the clerk of the supreme judicial court $3,000, the clerk of the superior court for civil business, $3,500, and the clerk of the superior court for criminal business, $3,00; and each clerk shall in addition retain one half of the excess of the fees received by G. S.121, ~~ 23,24. him over such salary, and the other half of such excess he shall Ibid,. pay to the county. The justices of the supreme judicial court, and the justices of the superior court, may appoint assistant clerks in the same county for their several courts, to hold office for three years, subject to removal by the courts. The salary of COUNTY AND COUNTY OFFICERS. 143 the assistant clerk of the supreme judicial court is $2,000, and Ibid. ~ 26. that of the superior court for civil business, $2,000; paid by the 1867, c. 295, ~5. county. When assistant clerks are unable to perform their duties 1863, c. 64, ~~ 1. 2. the court may appoint assistant clerks pro tenmpore, who shall be sworn and give bonds, and be paid by the county; the amount so paid to be deducted from the salary of the assistant clerk.1 6. The register of probate and insolvency elected in Novem- Register ofprober, 1868, by the voters in Suffolk county, and every fifth year bates, & thereafter, holds his office for five years from the first Wednesday in January following his election. He may be removed for suffi- Ibid. 11, ~4. cient cause by the supreme judicial court. If a vacancy occurs, the bie n9,8. governor may appoint some person to fill the office until another is Ibid. ~ 16. 1867, c. 357. elected. Salary $3,000; paid by the commonwealth. The judge G.S. 10,~10. of probate, and insolvency, may appoint an assistant register to Ibid. 119,~~ll, 1 hold office for three years, unless sooner removed by the judge. Salary, $1,500; paid by the commonwealth. 7. The commissioners of insolvency, three in number, elected commissioners of in November, 1868, by the voters of Suffolk county, and every Inolvency. third year thereafter, hold office for three years from the first Wednesday in January following their election. For good cause Ibid. 112, ~ 4. they may be removed by the supreme judicial court. In case of a IbAle7 ~1. failure to elect, or if a vacancy occurs, the governor may fill the vacancy, by the appointment of a person to hold office until a new election. They are paid by fees. 8. The register of deeds for Suffolk county elected in Novem- Register of Deeds. ber, 1867, and to be elected every third year thereafter, holds office Ibid 10, ~ 30.3 Ibid. 10, 9~ 1. 9. for three years. He is to be sworn before one or more of the aldermen of Boston, and under their direction shall give bond for Ibid. 17, ~86. the faithful discharge of his duties. When found guilty by the grand jury of misconduct in his official duties, or when, by infirmity, Ibid. 17, ~ ss. he is incapable of discharging them, he shall be removed by the G. s.17, ~ 88 superior court. In case of removal, resignation, or death, the superior court shall appoint some person to fill the vacancy until a new Ibid. 17, ~ 87. election. In case of death or disability, the person then acting as clerk in the office, shall receive and enter all deeds, instruments 1s63, c. 200, ~ 2, and papers in the proper books of the office until the vacancy is G' S. 10' ~ 5. filled, or the disability removed. He is paid by fees. 9. The treasurer of the city of Boston is, ex officio, treasurer County treasurer. of the county of Suffolk. He shall be sworn by one or more of Ibid. 17,~~4436. the aldermen of Boston, and shall give bond in such sum as the aldermen shall direct. 1 For the election of clerks of municipal courts for civil and criminal business, see Courts, ~ 3. 144 COUNTY RECEIPTS AND EXPENDITURES. County commis- 10. The aldermen of the city of Boston have the powers and bid ~ 33; 43, duties of county commissioners, with certain exceptions. Ibid. 17, ~ 33; 43, ~ 77. 11. The master of the house of correction in Suffolk is Master house of correction. appointed by the directors for public institutions of the city of 865, c. 241. Boston. His compensation is established by the city council and G. S. 178, ~ 56. board of directors, and is paid by the city. Coroners. 12. Coroners and special coroners are appointed by the Constitution, c. 2, ~,orti. 2, governor for seven years. If a coroner neglects or refuses to give 1861,. 113, ~ 1. bond, or the condition of his bond is broken, he is liable to be G. S. 17, ~ 77; 175, ~ 15. removed, and is subject to like penalties as are sheriffs. In Boston, the city auditor shall audit coroners' accounts. Aldermen of Bos- 13. In the county of Suffolk, the board of aldermen of the city ton to be board of of Boston shall be a board of accounts, who shall meet quarteraccounts in Suffolk county. yearly, and as much oftener as may be necessary, to allow bills of 1866, c.117, ~ costs, accounts, and charges arising in the police court of the city of Boston, and in the maintenance and keeping of the prisoners in the jail of the county of Suffolk, and of other expenses and charges in keeping said jail and other places of confinement and punishment in said city. They shall certify such accounts, charges, and expenses as are allowed by them, by an indorsement thereon, addressed to the public officer by whom the same are payable. COUNTY RECEIPTS AND EXPENDITURES. RECEIPTS. County receipts, Fines, fees, forfeitures, penalties, forfeited recognizances, and C. 116 29, 30 costs recovered in prosecutions, in which any part of the costs 43; 121, ~~21, 2; are paid by the county, are to be paid to the county treasurer, 176, ~~ 1, 9-13. 1860,. 91,~ 10. where no other provision is especially made by law, whether G. S. 17,~ 71. received by the justices or clerks of the courts, or the sheriff, G. S 170, ~ 47. jailer, master of the house of correction, or master of the house of industry, or any other person lawfully entitled to collect and receive the same; excepting that the clerks of the supreme judicial and superior courts may retain out of the fees received by them the amount of their several salaries, and one-half of the excess of said fees, not including fees for copies of papers which they are no required by law to furnish. Rent of jail for confinement of prisoners committed by United States courts. G.s. 50, ~22. Fees paid by hawkers and pedlers for county licenses. COUNTY RECEIPTS AND EXPENDITURES. 145 EXPENDITURES. The expenditures, enumerated below, strictly belong to the Expenditures. county and are treated here as such, although by special provisions of law in Suffolk the city of Boston pays all county G. S. 17, ~ 6. charges. The salaries of the assistant clerks of the supreme judicial Ibid. 121, ~ 26. 1867, c. 295, ~ 5. court and of the superior court. The salary of the sheriff, and such compensation in addition G..17, ~ 70; 178, ~ 21. as the mayor and aldermen may order for the keeping of pris- 1860,. 92. oners. The salaries of the keepers of the court house, police court G..17,~6. rooms, probate office, and of the office of the register of deeds. The salary of the chaplain at the jail. Ibid. 178, ~40. The pay of jurors and witnesses, deputy sheriffs, constables, Ibid.176,~~4,14,17. 1860, c. 191, ~ 10. and messengers, when on duty in the supreme judicial, superior, G.s. 116, ~~2], 43; and municipal courts in Suffolk county, including the police court 15, ~ 17. 1861, c. 172. in Chelsea; and all incidental expenses in said courts. The expenses of holding coroners' inquests on dead bodies, Ibid. 175,~~12-15; 157, ~ 6. including the fees of coroner, when the person found dead is not a stranger. The fees of commissioners and judges, and officers for com- Ibid. 75, ~11; 76, ~ 25. mitment of girls to State Industrial School at Lancaster, and of Ibid. 76,~25. boys to the Reform Scliool at Westborough, or the nautical branch of said school. The payment of fines, forfeitures, penalties, and rewards for Ibid. 173, ~6; 176, the breach of any law of the commonwealth received by the 17, c.19,~~7,8. county, which by law enure to complainants or other parties. The expense of building, repairing, and furnishing court G.. 17, ~~ 5, 6; 29, houses, jails, houses of correction, fire-proof offices, and other,~~83 178, 6; necessary public buildings for the use of the county. Fuel. lights, blanks, blank books, printing, stationery, and inci- Ibid.116,~21; 115, dental expenses for all the courts (excepting courts of insolv- ~'; g29,~s; 17,, ency), register of deeds, register of probate, and including the 1861,c.172. police court in Chelsea. Making indexes of deeds and plans, and copying old ones in Ibid. 17, ~~ 10, 10,1 the office of register of deeds, binding and filing papers and docu- 29, ~~ 1'2'7 1 ments, and arranging the same, copying old records in any of the county offices, completing the recording of deeds, &c., that may have been left unfinished; and procuring copies of records or papers in the possession of any other county, city, or town, in which the county of Suffolk is interested; also, the preparing county maps. Repairing and replacing the weights, measures, and balances, Ibid. 51, ~~5,6,7. 13 116 COURTS. 1861, c., ~~ 5,6,7. which are furnished by the State, and the safe-keeping of the same. Ibid. 178, ~~ 50-61; The expenses of supporting all persons committed to the jails 178, c~ 7 41. or houses of correction, including pay of officers, instruction in 1866, c. 117. reading and writing, books, pay of chaplain and physician, the conveyance of prisoners to and from the station houses, lockups, jails, houses of correction, and court houses, the burial of prisoners who have no settlement in the State, and all incidentals; excepting for persons committed to jail on mesne process or execution, so long as the fees for their board are paid by the defendant or debtor, plaintiff or creditor. Ibid. 17, ~ 34; 43, ~~ The expenses of building, or of special repairs upon, and of dis-, 9,12,844,47 ~~'49 continuing, in the city of Chelsea and the towns of North Chelsea 15; 1, ~ 0; 17, ~ 6. and Winthrop, all highways, county roads and bridges, including 1S7, c. 6. land damages, that may be assessed or awarded by the county commissioners of the county of Middlesex as justly chargeable to the county of Suffolk. COURTS. STATUTES. 4. Terms of court, when to be 1. Superior court. held. 2. Municipal court; salaries of jus- 5. Municipal court for southern tices. district. (Roxbury.) 3. Election of clerks, salaries, &c. 6. Annexation of Dorchester. STATUTES. superior court. 1. By the act of April 5,1859, the superior court of the county 189, c. 196. of Suffolk, and the municipal court were abolished, and in their place was substituted the superior court. The former were county courts, with judges and clerks paid by the county of Suffolk; the latter is a court with jurisdiction throughout the commonwealth, holding in the county of Suffolk four terms a year for civil business, on the first Tuesdays of January, April, July, and October, and twelve terms each year for the transaction of criminal business, a term commencing on the first Monday of each month. The judges, clerks, and all the salaried officers of the court are paid by the commonwealth. The general provisions of law, applicable to the superior court, can be found in the general statutes, chapters 114, 115. They are not given here, as they contain nothing peculiar to the county of Suffolk. COURTS. 147 3IUNICIPAL COURT. 2. By the act of May 29, 1866, the municipal court of the city Mlnicipal court estiblished. of Boston was established, to have the same powers and jurisdic- 18is,. 279, ~~ 1, 2. tion that the police court formerly had; and it was provided that, when the act took effect, all cases, civil or criminal, then pending in the police court, should be transferred to the municipal court. The salaries of the chief justice and each of the associate jus- Salary ofjustices. Ibid ~ 4. tices were fixed at three thousand dollars per annum, to be paid 4~ from the treasury of the commonwealth. The justices are re- Ibid. ~8. quired to meet quarter yearly, and as much oftener as may be necessary, to allow bills of costs, accounts, charges and expenses arising in said court, and certify to the public officer by whom the same are payable, such as are allowed by them. 3. At the annual state election in the year eighteen hundred Electionof clerks, and sixty-six, and every fifth year thereafter, there shall be elected filling o vacan,,cies salaric ansd duties. in the city of Boston two clerks of the said municipal court, one Ibid. ~i. o. S. 1i6, ~ 4. clerk for the criminal and one for the civil business of said court, 1866, c. 169. to hold their offices from the first Monday of January following, and until their successors are chosen and qualified.1 If a vacancy occurs in the office of clerk, the justices of said court, or a majority of them, may appoint a clerk, who shall hold the office until another, at the next or any succeeding mmnicipal election in said city, shall be chosen and qualified for the remainder of the term. The clerk for the criminal business shall receive an annual 1867,c. so(j. salary of twenty-five hundred dollars; and the clerk for the civil business shall receive an annual salary of two thousand dollars. 4. The municipal court shall be held for criminal business by Terms of court, when to be held. one or more of the justices daily, except on Sundays or legal 8si, c. 2r9, ~11. holidays, in the forenoon, at nine o'clock, and in the afternoon, G. S.11 ~ 38. except on Saturday, at three o'clock, or some hour thereafter: it may be held on Saturday afternoons if it appears expedient to any of the justices. The court shall be held for civil business by one or more of the justices, weekly. Each term shall commence on Saturday, and actions therein may be continued to any future day fixed for the sitting of the court: different justices may hold different sessions at the same time for the trial of civil or criminal cases. a. The act to unite the cities of Boston and Roxbury (chap. 359, Municipal court 1867) provided, among other things, that the territory then coin- Sutherndsprised within the limits of the city of Roxbury should, after 1867,c.359, ~ 4. the annexation to Boston, contain a judicial district under the 1 See note to Sect. 5, on p. 148. 148 CRIERS. 1867, c. 359, ~ 4. jurisdiction of the police court of Roxbury, which should continue to exist and should thereafter be designated and known by the name of" the municipal court for the southern district of the city of Boston." It was also provided that said court should have the same civil and criminal jurisdiction in said district, and the same civil jurisdiction in the county of Suffolk, as the police courts, other than that of the city of Boston have by law in their respective districts and counties.1 Annexation of 6. The act to unite the town of Dorchester to the city of Boston Dorchester. 1869, c. 349, ~3. provided that the several courts within the county of Suffolk, except the municipal court for the southern district of the city ot Boston, shall have the same jurisdiction over all causes of action and proceedings in civil causes, and over all matters in probate and insolvency, which shall have accrued within said territory annexed, that said courts now have over like actions, proceedings and matters within the county of Suffolk. CRIERS. ORDINANCE. 3. Criers to keep a list of matters 1. Licenses to be granted to con- cried, &c. Shall not cry mon criers. Term of license. libellous matter, &c. 2. Crying without license. 4. Penalty for violation. ORDINANCE.2 Licenses tobe SECTION 1. The mayor, by and with the granted to common criers. advice and consent of the aldermen, may from June 10, 1850. 184,. 448~ 49. time to time grant licenses to such and so See ante, p. 20, ~ 49. many persons as he may deem expedient, to be common criers in this city; and such licenses shall continue in force until the first day of May Term of license next after the date thereof, unless sooner revoked June 10, 1850. by the board of aldermen, and no longer. 1 By a general act passed April 20, 1866 (chap. 169), it was provided that all clerks of police courts then in existence should be chosen in their respective districts at the annual municipal election in 1866, and every fifth year thereafter. The election of the clerk of the municipal court for the southern district, will occur, therefore, at the municipal election in 1871, and he will be chosen by the voters of wards 13, 14 and 15. 2 Au ordinance to regulate common criers, passed June 10, 1850. DEEDS. 149 SECT. 2. No person shall be a common crier Crying without license. within the city of Boston, or cry any goods, June 10, 850 wares, or merchandise, lost or found, stolen goods, strays, or public sales, in any of the streets, squares, lanes, or public places within the city, unless he shall be licensed as aforesaid. SECT. 3. Every person so licensed shall keep Crierstokeepa list of matters a true and perfect list of all the matters and cried.c. Ibid. 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 board of aldermen, whenever they shall demand the same; and no common crier Sall notcrylibellous matter, &c. shall publish or cry any abusive, libellous, profane, Ibid. or obscene matter or thing whatsoever. SECT. 4. Any person who shall be guilty of a Penalty for violation. violation of this ordinance, or any part thereof, Ibid. shall forfeit and pay, for each offence, a sum not less than one dollar nor more than fifty dollars. DEEDS. ORDINANCE. 2. Mayor authorized to discharge 1. Mayor authorized to execute and assign mortgages. deeds, &c. ORDINANCE.1 SECTION 1. The mayor of the city is author- Mayorauthorized to execute deeds, ized and empowered to affix the common seal of &c. Nov. 18,1833. the city unto, and to sign, seal, execute, and deliver in behalf of the city, all deeds and leases of 1 An ordinance providing for the execution of deeds and leases and discharge of mortgages on behalf of the city, passed November 18, 1833. 13* 150 DOGS. Nov.18, 1833. lands sold or leased by the city, and all deeds, agreements, indentures, or assurances, made and entered into by order of the city council. Mayor authorized SECT. 2. Whenever any person having lawful to discharge and assign mortgages. authority to redeem an estate mortgaged to the Nov. 18, 1833. city, shall make application to the mayor for such purpose, the mayor shall 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. 14. Mischievous dogs not to go at 1. Dogs to be licensed in April, large. and wear collars. Fees. 15. Form of warrant to kill dogs. 2. Dogs may be registered at other 16. Penalty for removing collar, times. &c. For exposing poisons, 3. City clerk to issue licenses. &c. 4. Treasurer's duties. 17. Persons injured to recover 5. Penalty for keeping unlicensed double cost. dog. 18. When any person may kill, 6. Assessors to report dogs. &c. 7. Orders to kill unlicensed dogs. 19. Dangerous dogs to be confined 8. Officers to return warrant. by owner, or killed. 9. Mayor, or selectmen, to make 20. After notice, any person may sworn statement. kill such dog. 10. Persons suffering loss by dogs 21. Liability of owner in case, &c. to be indemnified. Apprais- 22. Towns may make by-laws, &c. er's duties. Fees for license. 11. Penalty on city officers for 23. Fines, &c.; how recovered. neglect. 12. City treasurer to institute ac- ORDINANCE. tion. 1. Proceedings in case any dog 13. License fees to be paid to trea- shall disturb the quiet of surer. any person, by barking, &c. DOGS. 151 STATUTES. 1. Every owner or keeper of a dog shall annually, on or Dogs to be regisbefore the thirtieth day of April, cause it to be registered, num- tered n Aril bered, described and licensed for one year from the first day of 1867, c. 130, ~. the ensuing May, in the office of the clerk of the city or town wherein said dog is kept, and shall cause it to wear around its neck a collar distinctly marked with its owner's name and its registered number, and shall pay for such license, for a male dog two dollars, and for a femaledog, five dollars. 2. Any person becoming the owner or keeper of a dog not Dogsmayberegduly licensed, on or after the first day of May, shall cause said Ite,"d atother dog to be registered, numbered, described and licensed until the Ibid. ~2. first of the ensuing May, in the manner, and subject to the terms and duties prescribed in this act. 3. The clerks of cities or towns shall issue said licenses, and City clerk to issue licenses and receive the money therefor, and pay the same into the treasuries skeepreord. of their respective counties, except in the county of Suffolk, on or 1867, c. 130, ~. before the first day of December of each year, retaining to their own use twenty cents for each license, and shall return therewith a sworn statement of the amount of moneys thus received and paid over by them. They shall also keep a record of all licenses issued by them, with the names of the keepers or owners of dogs licensed, and the names, registered numbers and descriptions of all such dogs. 4. It shall be the duty of each county treasurer, and of each Treasurer to keep separate account. city or town treasurer, except in the county of Suffolk, to keep an bid. ~ 4. accurate and separate account of all moneys received and expended by him under the provisions of this act. 5. Any person keeping a dog, contrary to the provisions of Penalty for keeping unlicensed this act, shall forfeit fifteen dollars, to be recovered by complaint or dog. indictment; and of said fine or forfeiture, five dollars shall be Ibid. ~. paid to the complainant, and ten dollars shall be paid to the treasurer of the county in which the dog is kept; except that in the county of Suffolk, the ten dollars shall be paid to the treasurer of the city or town wherein said dog is kept. A license from the Transferof clerk of any city or town shall be valid in any part of the licene commonwealth, and may be transferred with the dog licensed; provided, said license be recorded by the clerk of the city or town where such dog is kept. 6. The assessors of the cities and towns shall annually take a Assessors to report list of all dogs owned or kept in their respective cities or towns, on dg. ~ the first day of May, with the owners' or keepers' names, and return the same to the city or town clerk, on or before the first 152 DOGS. 1867, c. 130,~6. day of July. Any owner or keeper of a dog who shall refuse to give just and true answers, or shall answer falsely to the assessors, relative to the ownership thereof, shall be punished by a fine of not less than ten dollars, to be paid, except in the county of Suffolk, into the county treasury. Unlicensed dogs 7. Mayors of cities and the chairmen of selectmen of towns to be killed. 1867, c. 130, ~7. shall annually, within ten days from the first day of July, issue a Gry,. warrant to one or more police officers, or constables, directing 11 Allen, 151. them to proceed forthwith either to kill, or caused to be killed, all dogs within their respective cities or towns, not licensed and collared according to the provisions of this act, and to enter complaint against the owners or keepers thereof, and any person may, and every police officer and constable shall, kill, or cause to be killed, all such dogs whenever or wherever found. Such officers, other than those employed under regular pay, shall receive one dollar for each dog so destroyed, from the treasurers of their respective counties, except that in the county of Suffolk they shall receive it from the treasurers of their respective cities or towns. All bills for such services shall be approved by the mayor, or chairman of the selectmen, of the city or town in which said clogs are destroyed, and shall be paid from moneys received under the provisions of this act. Police officers to 8. Each police officer or constable, to whom the warrant make returns of dogs killed. named in the preceding section shall have been issued, shall ibid. ~ 8. return the same, on or before the first day of the October following, to the mayor or chairman of selectmen issuing the same, and shall state in said return the number of dogs killed, and the names of the owners or keepers thereof, and whether all unlicensed dogs in his city or town have been killed, and the names of persons against whom complaints have been made under the provisions of this act, and whether complaints have been entered against all the persons who have failed to comply with the provisions of this act. Mayor to notify 9. The mayors of cities, and the chairmen of selectmen of distictattrne of towns shall annually within ten days from the first day of issue of warrant. s Ibid. ~ 9. October, transmit a certificate, regularly subscribed and sworn to, of the fact of the issue of the warrant named in section seven, and whether the same has been duly executed and returned, agreeably to the provisions of this act, to the district-attorneys of their respective districts, whose duty it shall be to prosecute all such city, town or county officers as fail to comply with the provisions of this act. Damage to animals 10. Whoever suffers loss by the worrying, maiming or killing to be paid by city of his sheep, lambs, fowls or other domestic animals by dogs, may Ibid. ~ 10.e m r of te c, or te c 2 Allen, 207. inform the mayor of the city, or the chairman of the selectmen of DOGS. 153 the town wherein the damage was done, who shall proceed to the 1867, c. 130, ~ 10. premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof and return a certificate of said amount, except in the county of Suffolk, to the county commissioners, on or before the first day of December; provided, however, that if, in the opinion of said mayor or chairman of selectmen, the amount of said damage shall exceed the sum of twenty dollars, he shall appoint two disinterested persons, who, with the said mayor or chairman of selectmen, shall appraise the amount of such damage, and return a certificate of the same, except in the county of Suffolk, to the county commissioners, on or before the first day of December. The county commissioners shall, during the month of December, examine all such bills, and, when any doubt exists, may summon the appraisers and all parties interested, and make such examination as they may think proper, and shall issue an order upon the treasurer of the county in which the damage was done, for all or any part thereof, as justice and equity may require. The treasurer shall annually, on the first Wednesday of January, pay all such orders in full, if the gross amount received by him and not previously paid out under the provisions of this act is sufficient therefor; otherwise he shall divide such amount pro rata among such orders, in full discharge thereof. The appraisers shall receive from the county, or in the county of Suffolk from the city or town treasurer, out of the moneys received under the provisions of'this act, the sum of one dollar each for every examination made by them, as prescribed in this section; and the mayor or the chairman of selectmen acting in the case shall receive twenty cents per mile one way for his necessary travel in the case. The owlier of sheep, lambs or other domestic animals worried, maimed or killed by dogs, shall have his election whether to proceed under the provisions of this section, or under the provisions of sections sixty-one, sixty-two and sixty-three of chapter eighty-eight of the general statutes; but, having signified his election by proceeding in either mode, he shall not have the other remedy. In the absence or sickness of the mayor of the city, or chairman of the selectmen of the town, in which the damage is done, it shall be the duty of any one of the aldermen of said city, or of the selectmen of said town, who may be duly informed of damage supposed to have been done by dogs, to discharge forthwith the duties imposed by this section upon the mayor or chairman of selectmen. 11. Any city, town or county officer refusing or wilfully Pennlty for neglect neglecting to perform the duties herein imposed upon him, shall of duty. Ibid. ~ 11. 154 DOGS. 1867, c.130, ~11. be punished by a fine not exceeding one hundred dollars, to be paid, except in the county of Suffolk, into the county treasury. Any person aggrieved by such refusal or neglect on the part of any city, town or county officer, may report the same forthwith to the district-attorney of his district. Owners of dogs 12. The treasurer of any county may, and, when ordered by liable for their injuries to sheep,&c. the county commissioners, shall, bring an action of tort against Ibid. 12. the owner or keeper of any dog concerned in doing damage to sheep, lambs or other domestic animals in said county, which damage the county commissioners have ordered to be paid, to recover the full amount thereof to the use of said county. All fines and penalties provided in this act may be recovered on complaint or indictment, before any court of competent jurisdiction, in the county where the offence is committed. Unexpended Moneys received by the treasurer of any city or town in the poedys, hod cOunty of Suffolk, under the provisions of this act, and not 1869, c. 250, ~ 1. expended in accordance with its provisions, shall be appropriated by the school committee of said city or town for the support of the public schools therein established. Claims in county 13. In the county of Suffolk, all moneys received for licenses or of Suffolk, how paid. ho recovered as fines or penalties under the provisions of this act, 1867, c. 130, ~13. which, if received or recovered in any other county, would be paid into the county treasury, shall be paid into the treasury of the city or town in which said licenses are issued or said fines or penalties recovered. All claims for damage done by dogs in said county shall be determined by appraisers, as specified in section ten of this act, and, when approved by the board of aldermen or selectmen of the city or town where the damage was done, shall be paid in full on the first Wednesday of January of each year by the treasurer of said city or town, if the gross amount received by him and not previously paid out under the provisions of this act is sufficient therefor; otherwise, such amount shall be divided pro rata among such claimants in full discharge thereof. After such claims have been approved by the board of aldermen or selectmen, the treasurer of said city or town may, and, when ordered by the board of aldermen or selectmen, shall, bring an action of tort to recover, against the owner or keeper of any dog concerned in doing the damage, the full amount thereof. Dangerous dogs, 14. Any person owning or keeping a licensed dog, who may how disposed of. have received a notice, in accordance with section sixty-one of Ibid. ~ 14. chapter eighty-eight of the general statutes, that said dog is mischievous or dangerous, and who does not kill it or keep it thereafter from ever going at large, shall, on complaint or indictment, forfeit ten dollars, if it be proved that said dog be mischievous or dangerous. DOGS. 155 15. The warrants required to be issued by the seventh section Warrant, form of, of this act may be in the following form, viz: for killin^ dos. of 1867, c. 130, ~ 16. COMM3IONWEALTH OF MASSACHUSETTS. [Seal.] M ss. To, constable of the town (or city) of In the name of the Commonwealth of Massachusetts, you are hereby required to proceed forthwith to kill, or cause to be killed, all dogs within the said town not duly licensed and collared according to the provisions of the act of the year eighteen hundred and sixty-seven, entitled "(an act concerning dogs, and for the protection of sheep and other domestic animals," and you are further required to make and enter complaint against the owner or keeper of any such dog. Hereof, fail not, and make due return of this warrant, with your doings therein, stating the number of dogs killed and the names of the owners or keepers thereof, and whether all unlicensed dogs in said town (or city) have been killed, and the names of persons against whom complaints have been made under the provisions of said act, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said act, on or before the first day of October next. Given under my hand and seal at aforesaid, the day of in the year eighteen hundred and (Mayor of) or Chairman of the Selectmen of 16. Whoever wrongfully removes the collar from or steals a For removing colcog, licensed and collared as aforesaid, shall be punished by fine l stealing dog, &C. not exceeding fifty dollars; and whoever wrongfully kills, maims,. s. 88, ~ 57. entices, or carries away such a dog, shall be liable to its owner for its value in an action of tort. Whoever distributes or exposes For exposing any poisonous substance, with intent that the same shall be eaten Poiols,&C. Ibid. by any dog, shall be punished by fine not exceeding fifty nor less than ten dollars. 17. Every owner or keeper of a dog shall forfeit to any person Persons injured to recover double, &c, injured by it double the amount of the damage sustained by him, Ibid. ~59. to be recovered in an action of tort. 20 Pick. 477. 12 Met. 291. 18. Any peison may kill a dog that shall suddenly assault him 12 Cush. 278. while he is peaceably walking or riding without the enclosure of 1 Griay, 29. 1 Allen, 191. its owner or keeper; and any person may kill a dog that is found s Allen, 101, 191. Wihen any person out of the enclosure or immediate care of its owner or keeper, may kill, &rc. worrying, wounding, or killing any neat cattle, sheep, or lambs. G. S 88, ~ 60. 13 Johns. 312. 19. If any person so assaulted, or finding a dog strolling out 4 Cowen, 351. of the enclosure or immediate care of its owner or keeper, shall, Dangeros, to be 156 DOGS. confinedby owner within forty-eight hours after such assault or finding, make oath or killed. G.. s., ~ 6. thereof before a justice of the peace or police court for the county, See ~ 14, ante. or before the clerk of the city or town where the owner of the dog dwells, and shall further swear that he suspects the dog to be dangerous or mischievous, and shall give notice thereof to its owner or keeper by delivering him a certificate of such oath, signed by such justice or clerk, the owner or keeper shall forthwith kill or confine it; and if he neglects so to do for twenty-four hours after such notice, he shall forfeit ten dollars. After notice, any 20. If, after such notice, the dog is not killed or confined, but irnaY1' kill is again found strolling out of the enclosure or immediate care of Ibid. ~ 62. an its owner or keeper, any person may kill it. Liability of owner 21. If a dog, after such notice to its owner or keeper, shall by in. se, &. such assault wound or cause to be wounded any person, or shall worry, wound, or kill any neat cattle, sheep, or lambs, or do any other mischief, the owner or keeper shall be liable to pay to the person injured thereby treble damage, to be recovered in an action of tort. Cities and towns 22. The city council of any city, and the inhabitants of any may make by- town, may make such additional by-laws and regulations concernlaws, &c. Fees for ~ license. ing the licensing and restraining of (logs, as they deem expedient, Ibid. ~ 67. and may affix any penalties, not exceeding ten dollars, for any breach thereof; but such by-laws and regulations shall relate only to dogs owned or kept in such city or town; and the annual fee required for a license shall in no case be more than one dollar in addition to the sum required by section one. Fines,&c., how 23. All fines and penalties provided in the preceding sections, recovered. may be recovered on complaint before any police court or trial G. S. 88, ~ 68. m justice in the county where the offence is committed. ORDINANCE.1 Proceedings incase SECTION 1. On complaint being made to the any dog shall disturb the quiet of mayor, of any dog within this city which shall, by any persons, by barking, &c. barking, biting, howling, or in any other way or June 4, 150. manner, disturb the quiet of any person or persons whomsoever, the mayor shall issue 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 1 An ordinance restraining the going at large of dogs in the city of Boston, passed June 4, 1850. DORCHESTER. 157 kept beyond the limits of the city, or destroyed, June,150. 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 the manner aforesaid, disturbed the quiet of any person or persons in the said city. DORCHESTER. STATUTE. of selectmen, town clerk, 1. Dorchester annexed to Boston ward officers, &c. and countyof Suffolk. Elec- 2. Transfer of property, liabilities, tion of representatives, sen- &c. ator, councillor, &c. Duties 3. Annexed territory to constitute ward 16. 1. By an act approved June 4, 1869, all the territory then com- Dorchester anprised within the limits of the town of Dorchester, in the county nexedtoBostton and county of of Norfolk, with the inhabitants and estates therein, were Suffolk. annexed to and made part of the city of Boston and the county of l,., ~ 1. Suffolk, subject to the same municipal regulations, obligations and liabilities, and entitled to the same immunities in all respects as the city of Bostoni; provided, however, that until constitutionally and legally changed, said territory shall continue to be, for the Electionof representatives, senator purpose of electing members of the house of representatives, part councior,&c. of the county of Norfolk, constituting the fifth representative district thereof; for the purpose of electing a senator, part of the second Norfolk senatorial district; for the purpose of electing a councillor, part of the second council district, and for the purpose 1 In accordance with the provisions of the tenth section of the "act to unite the city of Boston and the town of Dorchester," meetings were held simultaneously in the several wards of Boston and in the town of Dorchester, on the 22nd day of June, 1869, and the act was accepted by the following vote: Boston - yeas, 3420; nays, 565. Dorchester - yeas, 928; nays, 726. For annexation of portions of Dorchester to the city of Boston prior to 1869, see chap. 111, acts of 1803 (South Boston); chap. 102, acts of 1834 (Thompson's Island); chap. 468, acts of 1855. See, also, "South Boston " and "Harbor," post. 14 158 EAST BOSTON. 169, c. 39, ~ 1. of electing a representative in congress, part of congressional district number two, as the same are now constituted. Dutiesofselect- It was also provided that all the duties now required by law to mlen, town clerk, and ward officers. be performed by the selectmen and town clerk, of the town of Dorchester, or either of them, pertaining to the election of representatives in congress, state councillors, senators and members of the house of representatives, should, in like manner, devolve upon, and be performed by, the board of aldermen and city clerk of the city of Boston; and that the ward officers of the ward, erected out of said territory, should make return of all votes that may be cast therein, from time to time, for representatives in congress, state councillors, senators, members of the house of representatives, and for all other national, state, district, county, municipal and ward officers, to the city clerk of the city of Boston.1 Transfer ofpro- 2. The act further provided that all the public property of the perty, liabilities town of Dorchester should become the property of the city of 1869, c. 49, ~ 2. Boston; and that the city of Boston should succeed to all the rights, claims, causes of action, rights to uncollected taxes, liens, uses, trusts, duties, privileges and immunities of the town of Dorchester; and should become liable for, and subject to, all the debts, obligations, duties, responsibilities and liabilities of said town; also, that all actions and causes of action which were pending, or which had accrued at the time the act took effect, in behalf of or against, the town of Dorchester, should survive, and might be prosecuted to final judgment and execution in behalf of or against the city of Boston. Annexed territory 3. It was further provided that the territory annexed should to constitute ward sixteen. constitute a ward of the city of Boston, to be called ward 1869, c. 349, ~~, 7. sixteen, so to remain until the alteration of the ward limits of the city of Boston, as provided by law; and that after the municipal year 1869, the board of aldermen of Boston should consist of twelve members, and the common council of' sixty-four melllbers. EAST BOSTON. STATUTE. docks, and buildings; to lay 1. East Boston Colpany authorized out streets, &c. to hold Noddle's Island. Pro- 2. Corporation shall set apart land viso. Authority to sell, lease, for public purposes. &c., construct dams, wharves, 1 See " Elections," post, ~ 48, in reference to the district of which Hyde Park forms a part. EAST BOSTON. 159 STATUTE. 1. In the act to incorporate the East Boston Company, in the East Boston corncity of Boston, passed March 25, 1833, it is provided that said any lNorizedtto hold Noddle's corporation may purchase, hold, and possess, in fee-simple or Island. otherwise, all or any part of that island situate in the city of 133,. 12, 2. 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 watercourses therewith used and enjoyed, and to the proprietors of said island belonging; with such personal property as may be necessary for the proper 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 providecd, that the lawful owners or proprietors of such estates Proviso. shall convey the same to said corporation. And said corporation Authoritytosell, shall also have power to sell and convey, lease, mortgage e, or lsettd &C.docksn 17~e) 01 struct danis, docks otherwise dispose of said corporate property, or any part thereof, wharves ana buildings. and to manage and improve the same at its will and pleasure, with authority to construct dams, docks, wharves, and buildings, Tolay out streets, and to lay out streets and passageways within the limits of said ac island, as it shall deem expedient. 2. Said corporation shall set apart on said island, in such Corporationshall set apart land for place or places thereon as the mayor and aldermen of the city of public purposes. Boston may designate, a portion of land, not exceeding in the Ibid. ~4. whole four acres, free of expense to the city, for the purpose of providing proper sites for engine-houses, school-houses, burialgrounds, and for other public purposes; provided, that no lot, Proviso. except the lots for burial-grounds, shall contain more than ten thousand feet, without the consent of this corporation; and 1provided, further, that said mayor and aldermen shall designate the land so to be taken, within six weeks from March 25, 1833.1 1 The East Boston Company, by deed dated August 12, 1836, conveyed to the city of Boston a lot of land on Paris street, used for a watch-house; and by deed dated July 13, 1838, a lot of land on Bennington street, used as a cemetery, and another on Meridian and Paris streets, used for a schoolhouse; in conformity with their act of incorporation. (See Suffolk Registry of Deeds, Lib. 409, fol. 89, and Lib. 433, fol. 161. For wooden buildings in East Boston see Btuildings; see, also, Ferries. 160 ELECTIONS. ELECTIONS. STATUTES. 15. Meetings, when to be opened. Qzulifications of Electors.Selectmen, &c., to decide whether officers shall be voted 1. Qualifications of voters at for on one, or on separate, town, county, and other elec- b 5, ~, *y~~~ballots. *tions. 16. Meetings, how called, time to 2. No person to vote for represenbe kept open. tative to Congress unless he v to C s 17. Secretary of commonwealth to has resided in the district six provide envelopes months.p ~ ^,,, ~,months. -18. City and town clerks to procure 3. Collectors of taxes to keep a lists envelopes from secretary. of persons who have paid their 19. Selectmen and ward officers to taxes, and upon request to' ~~~~.,provide envelopes at polls on give receipts. give receipts. the day of election. 4. Persons omitted from May P o 20. Persons fraudulently obtaining assessment can be assessed envelopes liable to a fine. and vote. Soldiers and sailors 21. Manner of depositing votes, may be assessed and vote on &c. paylnent of tax. payment of tax. 22. Votes when to be rejected, &c. 5. lMayor andl aldermen and select- M a a a s 23. Results of elections, how determen to make and post up lists. c i cr mined. No choice in certain of voters. cases. To be in session for receiving 24. Selectmen and ward officers to evidence of qualifications, and, -,.count votes. to give notice thereof. 25. Mayor and aldermen and clerk 7. Sessions of mayor and alderto examine returns, and, if men and selectmen in places. where vtfaulty, require new returns. where voters exceed one thousand. Other regulations. 8. Provisions as to correcting lists of voters. 26. City and town clerks to make 9. Naturalization papers to be pro- returns of votes to secretary, duced for inspection. &c. 10. Names not to be placed on lists 27. When return is unsealed, secreafter polls are opened. tary to give notice to return11. Penalty for giving false ing officers, who shall trans answers. mit a sealed copy. 12. Mayor and aldermen and select- 28. Secretary to furnish blanks, men, when not answerable &c., to cities and towns. for omissions. 29. Penalty for voting if not quali13. Penalty for wilful neglect by fied. city or town officers. 30. Penalty for giving more than one ballot. C(onducting Elections and returning 3. Penalty for giving false answers. votes. 32. Penalty for attempting to influ14. Elections not to be held on days ence voters by bribery or fixed by law for military duty. threats. ELECTIONS. 161 33. Penalty for aiding unqualified Election Districts. persons to vote. 46. Provisions of the constitution 34. Penalty for disorderly conduct relating to apportionment of at elections. representatives to the general 35. Penalty on town or city officers court. for neglect of duty. 47. Representatives to the general 36. Penalty on clerks neglecting to court from Suffolk county. return votes. Apportionment by the board 37. Elections in cities. of aldermen. 38. Ballots, after being counted, to 4S. Representative Districts in Dorbe sealed up, &c. chester and Roxbury. 39. Ballots when sealed up to be 49. Senatorial Districts. sent to city clerk, &c. 50. Congressional Districts. 40. City clerk to furnish seals, re- 51. Council Districts. ceive and keep the ballots, &c. Ballots may be recount- ORDINANCE. ed and errors corrected. 1. Form of warrants for ward 41. When right to vote is chal- meetings. lenged, ballot to be in- 2. To be served by constables, and dorsed. returned. 42. Penalty on city clerk or other 3. Form of warrants for general officer for neglect of duty. meetings. 43. Certificates of election of ward 4. To be served by constables and officers to be sent to city returned. clerk. 5. Time of opening and closing 44. To be retained by him for twenty the polls shall be fixed by the days. board of aldermen, and inser45 Repeal of former acts. ted in the warrant. STATUTES. QUALIFICATIONS OF ELECTORS. 1. Every male citizen1 of twenty-one years of age and Qualifications of voters at town, upwards (except paupers, persons under guardianship, and per- county, and other sons excluded by articles twenty and twenty-three2 of the amend- elections. Amend. const. ments to the constitution), who has resided within the State one arts. 3,20,23. year, and within the city or town in which he claims a right to G. s, ~ 1. it Mass. 320. vote six months next preceding any election of city, town, n Pick. 53s. \5 2et. 162, 298,587, county, or state offcers, or of representatives to congress, or 59t 12 electors of president and vice-president, and who has paid, by 7 Gray, 299. himself, his parent, master, or guardian, a State or county tax assessed upon him in this State within two years next preceding such election, and every citizen exempted from taxation but otherwise qualified, shall have a right to vote in all such elections; and no other person shall have such right to vote. 1 Indians were made citizens by Stat. 1869, c. 463, ~ 1. 2 Article twenty-three of the amendments to the constitution, relating to persons of foreign birth, was repealed in 1863. 14* 162 ELECTIONS. No person to vote 2. In any election of representatives to congress in this conmfor repreoentotive w to congrress untless monwealth, no person shall be allowed to vote for the same until he has resided in he shall have resided in the congressional district where he offers the district six months,&c. to vote, six months next preceding such election, and shall be 1861, c. 145. otherwise qualified according to the constitution and laws of this Provisos. G.. 6, ~ 1. State; provided, that when the State shall be districted anew for members of congress, he shall have the right so to vote in the district where he is located by such new arrangement; and provided, also, that no voter residing in any city which now is, or hereafter may be, divided by the line between congressional districts, shall be deprived of his vote in the district in which he was assessed, or liable to assessment, on the first day of May next preceding such congressional election, if he be otherwise qualified. Collectors of taxes 3. The collectors of State and county taxes in each city and to keep list of per- town shall keep an accurate account of the names of all persons sons who have paid taxes, and to give from whom they receive payment of any State or county tax, and receipt. G.. 6, ~ 2. of the time of such payment; and upon request shall deliver to the person paying the same a receipt specifying his name and time of payment; and such receipt shall be admitted as presumptive evidence thereof. now persons may 4. When any person, on or before the fifteenth day of Septembe assessed on or beore the fifteenth ber, in any year, gives notice in writing, accompanied by satisfacof September. tory evidence, to the assessors of a city or town, that he was on 1869, c. 443. the first day of May of that year, an inhabitant thereof, and liable to pay a poll-tax, and furnishes under oath a true list of his polls and estate, both real and personal, not exempt from taxation, the assessors shall assess him for his polls and estate; but such assessProviso. ment shall be subject to the provisions of chapter one hundred and twenty-one of the acts of the year one thousand eight Listtobedeposited hundred and sixty-five; and the assessors shall, on or before the with clerk on or before first of first day of October, deposit with the clerk of the city or town a list October. of the persons so assessed. The taxes so assessed shall be entered in the tax list of the collector of the city or town, and he shall collect and pay over the same in the manner specified in his warSoldiers and sailors rant. Whenever any person shall make application to the and vote on py- assessors of any city or town of this commonwealth, to be assessed ment of tax. a poll-tax for the then current year, and it shall appear that such 1865, c. 68, ~ 1. applicant was, on the first day of May preceding, a resident of said city or town and liable to pay a poll-tax therein, but was not assessed therefor; and that such applicant is, or has been during any portion of the two years preceding such application, engaged in the military or naval service of the United States, it shall be the duty of such assessors forthwith to assess such tax, and notify the treasurer of such city or town of the same, and the person so assessed shall, upon payment of said tax, be entitled to the ELECTIONS. 163 right to vote in said city or town to the same extent as if his taxes Isc5, c. 68, ~ 1. had been assessed and paid in the manner heretofore provided by law. 5. The mayor and aldermen and selectmen of cities and Mayor and aldermen and selectmen towns shall, at least ten days before the annual city and town to mae and post elections, and at least ten days before the Tuesday next after the up lists of voters. Amend. const. first Monday in November annually, make correct alphabetical art. 5. lists of all the persons qualified to vote for the several officers G. S. 6, ~5. to be elected at those periods, and shall at least ten days before said elections cause such lists to be posted up in two or more public places in their respective cities and towns. 6. The mayor and aldermen and selectmen shall be in session To be in session for at some convenient place for a reasonable time, within forty-eioght oreceivig evidence hours next preceding'all meetings for the elections of the officers and to give notice thereof. aforesaid, for the purpose of receiving evidence of the qualifica- Ibid, ~6. tions of persons claiming a right to vote in such elections, and of 10 Cash. 143. Zo Zn ~""" "'""^"""b 9 ~~~~~7 Allen, 155. correcting the lists of voters. Such session shall be holden for one hour at least before the opening of the meeting on the day of the election, and notice of the time and place of holding the sessions shall be given by the mayor and aldermen and selectmen upon the lists posted up as aforesaid. 7. In every place where the number of qualified voters ex- Sessions in places where voters exceeds one thousand, a like session of the mayor and aldermen ceed one thousand. or selectmen shall be holden on the day immediately preceding G. S.,7. the meeting, and for as much longer time previous to said day as they judge necessary for the purpose aforesaid. -When the day immediately preceding such meeting is Sunday, such session shall be holden on the Saturday preceding. 8. The selectmen shall also enter on such lists the name of correctinglistsof voters, any person known to them to be qualified to vote, and shall erase Ibid. ~8. therefiom the name of any person known to them not to be MIet.162. qualified. 9. The mayor and aldermen and selectmen before entering Naturalization papers to be proupon the lists the name of a naturalized citizen, shall require him dpcel tbe pr-. to produce for their inspection his papers of naturalization and be G. S. ~ 9. Amend. const. satisfied thath h has been legally naturalized; but they need not art. 23. require the production of such papers after they have once examined and passed upon them. 10. The name of no person shall be added to the voting lists Names not to be in any city of this commonwealth after the lists have been placed rlaced o lists after polls are in the hands of the ward officers, unless the qualifications of said opened. person as a voter shall have been determined by the mayor and 1867, c. 206, ~1. aldermen, at some meeting held previous to the opening of the polls; such fact to be verified by the certificate of the city clerk. 164 ELECTIONS. Penalty for giving 11. Whoever gives a false name or a false answer to the falseGase's. mayor and aldermen or selectmen when in session for the purposes aforesaid, shall forfeit the sum of thirty dollars for each offence. Selectmen, &., 12. The mayor and aldermen and selectmen, if they have when not answerable. duly entered on said lists the names of all persons returned to Ibid. ~ 11. them by the collectors, shall not be answerable for any omissions 3 Allen, 1. Sec ~ 31. therefrom. enalty fornelect, 13. A city or town officer who wilfully neglects or refuses &e., by town offi- cers. to perform any duty requirced of him by the provisions of this Ibid. ~ 12. IGbirl. 12l. chapter, shall for each offence forfeit a sum not exceeding two Greenl. 411. East. 563. hundred dollars. Johns. 114. N. H. 88, 11 S. S& R. 35. 11 Mass. 350. CONDUCTING ELECTIONS AND RETURNING VOTES. Elections not to be 14. No meeting for the election of national, State, district, held on days desigc_ nated for military county, city or town officers shall be held on a day upon which duty. the militia of the commonwealth are by law required to do G. S. 7, ~ 1. military duty. Meetings, when to 15. Meetings for the election of national, State, district, county, be opened. Officers to be voted city and town officers may be opened as early as seven o'clock in for o one orol the forenoon, and shall be opened as early as two o'clock in the separate ballots. Ibid. ~2. afternoon of the election day, but in no case shall the polls be 1869, c. G2. kept open after the hour of sunset; and the mayor and aldermen and selectmen shall decide whether such officers shall be voted for on one ballot or at the same time on separate ballots, and shall give notice thereof in the warrant calling the meeting. Meetings, how 16. Such meetings in towns shall be called by the selectmen called, time to be kept e to be in the manner ordered by the towns, and in cities according to Ibid. ~3. the provisions of the acts establishing them and the acts in addiCity charters. See G. S. 9,~10. tion thereto; and the warrant for notifying such meetiings shall specify the time when the polls for the choice of the several officers shall be opened, and the same shall be kept open at least two hours, and in towns for such longer time as a majority of the voters present shall by vote direct; but in no case shall the polls be kept open after the hour of sunset. Secretary of com- 17. The secretary of the commonwealth shall provide and.monwe.lth to provideenvelopes, keep constantly in his office a sufficient number of self-sealing G.. 7, ~ 4. envelopes to supply. all the voters in the commonwealth, and shall furnish the same to the clerks of the several cities and towns when applied for. Such envelopes shall be of uniform size and color and bear the arms of the commonwealth, and no other envelopes shall be used at the polls. Clerks to procure 18. The city and town clerks shall obtain from the secretary envelopes from such nube of evelopes as may be suiciet to eet te secretary. such number of envelopes as may be sufficient to meet the wants ELECTIONS. 165 of the voters of their respective cities and towns, and keep the G. S.7, ~ 5. same subject to the order of the selectmen of towns, or the wardens and inspectors of cities. 19. The ward officers in each city, and the selectmen of each Selectmen, &c.. to town, shall obtain from the city or town clerks, and provide at the provde envelopes at polls. polls on the day of election, a sufficient number of such envelopes, G.. 7, ~ 6. and supply each person claiming to be a voter in said city or town, on his personal application, with such number as the pending election may require, and return to the clerk all envelopes not used. 20. Whoever wilfully claims to be a voter, knowing that he is Fraudulently ob-..- I { taining envelopes. not a voter where the claim is made, and by reason thereof tbid. ~ 7. fraudulently obtains an envelope from the persons having the custody of the same on the day of the election, shall be liable to a fine of not less than ten nor more than fifty dollars. 21. No vote shall be received by the presiding officers at any votes, how deelection provided for in this chapter, unless presented for deposit posited. Ibid. ~ 12. in the ballot-box by the voter in person in a sealed envelope, or 23Pick,308. open and unfolded, and so that such officers can know but one ballot is presented. 22. Votes for different persons for the same office found in Votes, when to be one envelope shall not be counted, and if more than one vote for Jected', &c. - Ix.SG. 57, ~ 13. the same person for the same office is found in one envelope, but one such vote shall be counted, and no vote shall be counted which does not clearly indicate in writing the office for which the person voted for is designed, except when but one officer is voted for. 23. In all elections of civil officers by the people, the person Results of elecor persons having the highest number of votes shall be deemed tinihSdwdeter anddeclared to be elected; but no persons receiving the same Ibid.~14. Amend. const. number of votes shall be deemed to be elected, if thereby a art. 14. greater number would be elected than required by law. 24. The votes in elections for national, State, county, and dis- Selectmen and trict officers, shall be received, sorted, and counted, by the select- wao officersto men, and by the ward officers, and public declaration made G.. 7, ~15. thereof in open town and ward meetings. The names of persons See GS.. 9, ~~ 4,12 voted for, the number of votes received for each person, and the title of the office for which he is proposed, shall be entered in words. at length by the town and ward clerks in their records. The ward clerks shall forthwith deliver to the city clerks certified copies of such records, who shall forthwith enter the same in the city records. 25. The mayor and aldermen and the clerk of each city shall Mayor and aldermen wl (d clerk to forthwith after an election examine the returns made by the exoailne retutns, returning officers of each ward in such city, and if any error and, if faulty, tore 166 ELECTIO2N. qulire new returnls. appears therein they shall forthwith notify said ward officers iOther regutieonls. thereof, who shall forthwith make a new and additional return, Ibid. ~ 16. See G. S., ~ 12. under oath, in conformity to truth, which additional return, whether See ~~ 25-29, post. ~~ ade upon notice or by such officers without notice, shall be received by the mayor and aldermen or city clerk at any time before the expiration of the day preceding that on which by law they are required to make their returns or to declare the results of the election in said city; and all original and additional returns so made shall be examined by the mayor and aldermen and made part of their returns of the results of such election. In counting the votes in an election no returns shall be rejected when the votes given for each candidate can be ascertained. City and town 2(6. Citv and town clerks shall, within ten days from the day clerks to make returnlsof votes to of anl election for governor, lieutenant-governor, councillors, secretary, &c. senators, secretary, treasurer and receiver-general, auditor, G. S. 7, ~ 17. See G. S.,~ 12. attorney-general, representatives in congress, commissioners of C3ray, S3. insolvency, sheriffs, registers of probate and insolvency, districtattorneys, or clerks of the courts, transmit copies of the records of the votes, attested by them, certified by the mayor and aldermeen or selectmen, and sealed up, to the secretary of the commonwealth; they shall in like manner within ten days after an election for county treasurer or register of deeds, transmit such copies of the records of the votes to the county commissioners of their several counties; and within seven days after an election for county commissioners, transmit such copies of the records of the votes to the clerks of the courts for their several counties; but in Suffolk the return of votes for register of deeds shall be made to the board of aldermen of Boston, and in Chelsea, North Chelsea, and Winthrop, the returns of votes for county conmmissioners shall be made to the clerk of the courts for the county of Middlesex. Or within three days after such elections, such clerks may deliver such copies, sealed up, to the sheriffs of their several counties, who within seven days after receiving them shall transmit them to the office of the secretary, and to the county commissioners, board of aldermen, and clerks of courts, as severally above designated. When return is 27. When a return of votes from a city or town is received unsealed, secretary at the office of the secretary of the commonwealth, not sealed up, to give notice to re- turning officers, as by law required, he shall forthwith give notice thereof to the wvho shall trans.smit returnino' officers; who upon the receipt of such notice shall a sealed copy. tP Ibid ~ 19. make a copy of their record of the votes at said election and transmit the same, certified by them under oath to be correct, to the secretary, sealed up as required by law in the case of original returns. If such copy is received by the secretary before the day on which by law the returns are to be opened and the votes ELECTIONS. 167 counted, and if upon opening said copy by the governor and G.S.7,~19. council, the legislature, or any person authorized so to do, the original return is found in substantial conformity therewith, it shall not be rejected because of informality. 28. The secretary shall annually furnish to the several clerks secretary to furnish blanks, &c., to of the cities and towns blank forms and envelopes for all returns cities and towns. of votes required to be made to his office, with such printed Ibid.~20. directions on the envelopes as he deems necessary for the guidance and direction of such officers in making the returns according to law. 29. Whoever knowing that he is not a qiualified voter at an Penalty for voting if net qualified. election wilfully votes for any officers to be then chosen, shall G.S.'7,~ 28. forfeit a sum not exceeding one hundred dollars for each offence. 9 et. 268. 30. If a voter knowingly gives more than one ballot at one Penalty for giving more than one time of balloting at an election, he shall forfeit a sum not exceed- ballot. ing one hundred dollars. G. s. 7, 29. 31. Whoever wilfully gives a false answer to the selectmen Penalty for giving or moderator presiding at an election, shall forfeit for each false answers. Ibid. ~ 30. offence a sum not exceeding one hundred dollars. 7 Met. 52. 32. Whoever by bribery, or threatening to discharge from Penaltyforathis employment, or to reduce the wages of, or by a promise to temptig to in-'n' ~' " fluence voters by give employment or higher wages to, a person, attempts to bribes or threats. influence a qualified voter to give or withhold his vote in an G..7, 31. election, shall be punished by fine not exceeding three hundred dollars, or by imprisonment in the county jail, or house of correction for a term not exceeding one year, or both, at the discretion of court. 33. Whoever wilfully aids or abets any one, not legally quali- Penalty for aiding unncualified perfied, in voting oi' attempting to vote at an election, shall forfeit a nto vfot.e.pe sum not exceeding fifty dollars for every such offence. Ibid.~32. 34. Whoever is disorderly in a meeting held for an election Penaltyfordismentioned in this chapter, shall forfeit a sum not exceeding,orderly coduct. 3 Ibid. ~ 33. twenty dollars. I Mass. 385. 35. If a city or town officer wilfully neglects or refuses to per- Penalty on town officers for neglect form the duties required of him respecting elections by the pro- offtyfornegle visions of this chapter, he shall for each offence forfeit a sum not G-. 7,~ 34. See G. S. 6, ~ 12. exceeding two hundred dollars. 36. The clerk of any city or town who fails to make return of Penalty on clerks. the votes given therein in conformity with the provisions of law, G- S, ~ 3. shall be liable to a fine of not less than five and not more than fifty dollars. 37. Elections in cities shall, be conducted according to the pro- Elections in cities.visions of the acts establishing them, and of the several acts in addi- Ibid.~ 36. tion thereto, so far as they are not inconsistent with the provisions of the preceding sections. 168 ELECTIONS. Ballots after being 38. In all elections held within the cities of the commonwealth, couned to be whether the same shall be for United States, State county, city, or 1863, c. 144, ~1. ward officers, it shall be the duty of the warden, or other presiding See ~~ 11,12, ante. officer, to cause all ballots which shall have been given in by the qualified voters of the ward in which such election has been held, and after the same shall have been sorted, counted, declared, and recorded, to be secured in an envelope, in open ward meeting, and sealed with a seal provided for the purpose; and the warden, clerk, and a majority of the inspectors of the ward, shall indorse upon the envelope for what offices, and in what ward, the ballots have been received, the date of the election, and their certificate that all the ballots given in by the voters of the ward, and none other, are contained in said envelope. Ballots when 39. The warden, or other presiding officer, shall forthwith sealed up to be sent to city clerk. transmit the ballots sealed as aforesaid to the city clerk, by the 1863, c.144, ~ 2. constable in attendance at said election, or by one of the ward officers other than the clerk; and the clerk shall retain the custody of the seal, and deliver the same, together with the records of the ward and other documents, to his successor in office. City clerk to fur- 40. The city clerk shall cause to be furnished to the clerks of nish seals, receive and keep the bal- the several wards a seal of suitable device, the design of which lotsd. shall include the number or designation of the ward for which it Ibid. ~ 3. Ballots may be re- shall be furnished. He shall receive and retain in his care the counted, and errors corrected. ballots transmitted to him, for the space of not less than sixty Ibid. days; if within the time prescribed by law for forwarding returns or declaring the results of an election, ten or more citizens of any ward shall notify the city clerk, by a written statement, that they have reason to believe that the returns of the ward officers are erroneous, and shall specify wherein they deem them in error, the said clerk shall receive such statement, and shall notify the board of aldermen, or the committee thereof appointed to examine the returns of said election, and the board of aldermen, or their committee, shall, within the time required by law for examining the returns or declaring the results of the election, examine the ballots thrown in said ward and determine the questions raised; they shall then re-seal the envelope, either with the seal of the city or a seal provided for the purpose, and shall indorse upon said envelope a certificate that the same has been opened and re-sealed by them in conformity to law; and the ballots sealed as aforesaid shall be returned to the city clerk, who, upon their certificate, shall alter and amend such returns as are found to be erroneous, and such amended return shall stand as the true return of the ward. And if within sixty days of an election, any person who received votes for any office at said election shall serve upon the city clerk, by himself, his agent, or attorney, a written notification ELECTIONS. 169 claiming an election to such office, and declaring an intention to 1863, c. 144, ~ contest the right of any person who has received or who may receive a certificate of election for the same, the city clerk shall retain such ballots, sealed as aforesaid, subject to the order of the body to which such person shall claim to have been elected, or until such claim shall have been withdrawn or finally decided. 41. Whenever in any election the right of any person offering When vote is challenged vote to to vote is challenged for any cause recognized by existing laws, it leindorsed. shall be the duty of the warden or presiding officer, if the person Ibid ~4. challenging shall so demand, to require the person so offering to vote to write his name and residence upon the ballot so offered and challenged, and the warden, or presiding officer, shall add thereto the name of the person challenging the same, and the cause assigned therefor, before such ballot shall be received; and if such ballot shall be offered sealed, the writing as aforesaid may be upon the envelope covering the same, and the warden or other presiding officer, in the presence of the clerk and at least one inspector, shall mark and designate such ballot by writing thereon the name of the person by whom it was cast, before it is counted, and at the close of the election the same shall be returned to the envelope in which it was deposited; provided, that nothing contained in this section shall be so construed as to permit ward officers to receive any vote which by existing laws they are required to refuse. 42. If any city clerk shall wilfully neglect or refuse to comply Penalty on clerk o with any of the requirements of this act, he shall be punished by a other officer for -t~y, punished neglect of duty. fine not exceeding two hundred dollars. And if any warden or other Ibid. ~ o presiding officer, constable, or ward officer as aforesaid, shall wilfully neglect or refuse to comply with the provisions of this act, he shall be punished by a fine of not less than twenty, nor more than two hundred dollars, or by imprisonment in the county jail for a term not exceeding one year.1 43. At each municipal election of the cities of this common- Certificates of elecwealth, it shall be the duty of the ward officers of the several tio t wd officers to be sent to city wards to make out and sign certificates of the election of such clerk. 1867,; c. 240, ~ 1. ward officers as are chosen at such election, in the manner now l, 24 ~ provided by law, and said certificates for each ward shall be placed in one envelope, indorsed " ward officers chosen in ward number," and transmitted to the city clerk, who shall retain said envelopes unopened for twenty days, subsequent to the day of said election, and he shall then open said envelopes and transmit said certificates to the persons who appear to be thus chosen. 1 For other provisions relating to elections, see Charter, and Gen. Stats. cc. 8, 9, 10. 15 170 ELECTIONS. To be retained by 44. If, within said twenty days, a statement, in writing, is filed himdfortwenty with the city clerk, signed by ten legal voters in any ward, statdays. Zn 187, c. 240, ~ 2. ing that they believe that the warden, or clerk, or any inspector of elections of said ward, who has been declared elected, did not receive a plurality of the votes cast on the preceding election day, it shall be the duty of the city clerk to lay the same before the board of aldermen for the time being, who shall proceed to count the original ballots cast for such warden, clerk, or inspector, and shall declare the result, and shall issue a certificate to the person entitled thereto; provided, that this act shall not apply to ward officers chosen to fill vacancies on election day. Repeal of former 45. All provisions of existing laws inconsistent with the two acts. Ibid. ~3. preceding sections are repealed. ELECTION DISTRICTS. For Representatives to the General Court. Provisions of the 46. The twenty-first article of amendment to the constitution, constitution relating to apportion- ratified by the people May 1, 1857, provided, among other things, ment of represen- that the house of representatives shall consist of two hundred and tatives to the general court. forty members, to be apportioned by the legislature to the several Aend. const. counties of the commonwealth, equally, as nearly as may be, art. 21. 10 Gray, 613. according to their relative number of legal voters, as ascertained by the special enumeration made in 1865 and every ten years thereafterwards; and that it shall be the duty of the secretary of the commonwealth to certify as soon as may be, after it is determined by the legislature, the number of representatives to which eacl. county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, - or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law, - shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed, as soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made, which shall be entitled to elect more than three representatives. ELECTIONS. 171 Every representative, for one year at least next preceding his Amend. const. election, shall have been an inhabitant of the district for which he art. 21. is chosen, and shall cease.to represent such district, when he shall cease to be an inhabitant of the comnmonwealth. The districts in each county shall be numbered by the board creating the same, and a description of each, with the numbers thereof, and the number of legal voters therein, shall be returned by the board, to the secretary of the commonwealth, the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in their respective offices. 47. By an act of the legislature, passed March 26, 1866 (chap- Representatives to the general court ter 103), the two hundred and forty members of the house of from Suffolk representatives were apportioned to the several counties in the'nty.o State, agreeably to the provisions of the constitution, until the next decennial census, the number assigned to Suffolk county being thirty-six. On the 14th August, 1866, the following order was passed by Apportionment of representatives to the board of aldermen, apportioning the representatives to the tepg. 1co...tr general court from Suffolk county as follows: by te bord of aldermen. Ordered, That for the choice of the thirty-six representatives city records, vol. apportioned to the county of Suffolk, by chapter one hundred and. three, of the statutes of 1866, the said county be, and it is hereby, divided into thirteen representative districts, as follows; said districts to be numbered, and to be entitled to the number of representatives as hereinafter set forth: The First District, comprising Ward No. 1, in the city of Boston, and containing 3,530 voters, shall elect three members. The Second District, comprising Ward No. 2, in the city of Boston, and containing 3,085 voters, shall elect three members. The Third District, comprising Ward No. 3, in the city of Boston, and containing 3,050 voters, shall elect three members. The Fourth District, comprising Ward No. 4, in the city of Boston, and containing 3,076 voters, shall elect three members. The Fifth District, comprising Ward No. 5, in the city of Boston, and containing 3,119 voters, shall elect three members. The Sixth District, comprising Ward No. 6, in the city of Boston, and containing 2,660 voters, shall elect three members. The Seventh District, comprising Ward No. 7, in the city of Boston, and containing 2,857 voters, shall elect three members. The Eighth District, comprising Ward No. 8, in the city of Boston, and containing 2,877 voters, shall elect three members. The Ninth District, comprising Ward No. 9, in the city of Boston, and containing 2,260 voters, shall elect two members. The Tenth District, comprising Ward No. 10, in the city of Boston, and containing 2,546 voters, shall elect two members. 172 ELECTIONS. City records, The Eleventh District, comprising Ward No. 11, in the city of vol. xiv. p. 599. Boston, and containing 2,563 voters, shall elect three members. The Twelfth District, comprising Ward No. 12, in the city of Boston, and containing 2,367 voters, shall elect two members. The Thirteenth District, comprising the city of Chelsea, and the towns of North Chelsea and Winthrop, and containing 2,830 voters. shall elect three members. Ordered, That the place of meeting for the clerks of Chelsea, North Chelsea, and Winthrop, on the day succeeding the annual election of Representatives, as provided in chapter eight of the General Statutes, in order to determine the election of Representatives from the Thirteenth District of Suffolk, shall be the city hall, in Chelsea aforesaid. Representative 48. The act to unite the cities of Boston and Roxbury (chap. districts in Rox-!uryand Dorches- 359, 1867), provided that, until constitutionally and legally erj5. changed, the territory then comprised within the limits of Rox1869,c.349. bury should continue to be, for the purpose of electing members of the house of representatives, part of the county of Norfolk. constituting the third and fourth representative districts thereof. Under the new division of wards made by the city of Boston in 1867, in accordance with the terms of the act of union, Ward 13 constitutes the Fourth Norfolk District, which is entitled to one representative; and wards 14 and 15 the Third Norfolk District, which is entitled to three representatives. The act to unite the town of Dorchester to the city of Boston (chap. 349, 1869), provided that, until constitutionally and legally changed, the territory then comprised within the limits of Dorchester should continue to be, for the purpose of electing members of the house of representatives, part of the county of Norfolk, constituting the fifth representative district thereof, which is entitled to two representatives. citizens of Hyde By the act to incorporate the town of Hyde Park (1868, chap. Park to votein 139, ~ 3), it is provided that the town of Hyde Park, for the purDorchester (now Boston), Milton, pose of electing representatives to congress, senators and repres8c. t39,~3 1. sentatives to the general court, and members of the governor's council, until the next decennial census, or until another apportionment be made, shall remain a part of said towns of Dorchester, Milton and Dedham, respectively, and vote therefor at such places, respectively, as the said towns of Dorchester, Milton and Dedham shall vote; and the selectmen of Hyde Park shall make a true list of all persons within their town qualified to vote at every such election, and shall post up the same in said town of Hyde Park, and shall correct the same as required by law, and shall deliver a true list of all such voters as are entitled to vote in ELECTIONS. 173 said towns of Dorchester, Milton and Dedlham, respectively, to 18s6, c. 139, ~ 3. the selectmen thereof, seven days at least before such election, to be used thereat. For State Senators. 49. By an act passed April 7, 1866, the State was divided, Apportionment of Suffolk county in;to until the next decennial census, into forty senatorial districts; and senatorial districts the county Suffolk included six districts, as follows: 1866, c. 120, ~ 5. 1867, c. 359. The city of Chelsea, the towns of North Chelsea and Winthrop, s189, c. 349. and the ward numbered one in the city of Boston, shall constitute a district, to be known as the first Suffolk district. The wards numbered two, three and six, in the city of Boston, shall constitute a district, to be known as the second Suffolk district. The wards numbered four and five, in the city of Boston, shall constitute a district, to be known as the third Suffolk district. The wards numbered eight and nine, in the city of Boston, shall constitute a district, to be known as the fourth Suffolk district. The wards numbered ten and eleven, in the city of Boston, shall constitute a district, to be known as the fifth Suffolk district. The wards numbered seven and twelve, in the city of Boston, shall See ~48. constitute a district, to be known as the sixth Suffolk district. The act to unite Boston and Roxbury provided that, for the purpose of electing a senator, Roxbury (now wards thirteen, fourteen and fifteen of Boston), should constitute part of the first Norfolk senatorial district. The act to unite the town of Dorchester to the city of Boston (chap. 349, 1869), provided that, for the purpose of electing a senator, Dorchester (now ward sixteen of Boston), should constitute a part of the second Norfolk senatorial district. For Representatives to Congress. 50. By chap. 59, of the acts of 1866, it was provided that the Congressional third congressional district should comprise the city of Roxbury district. 1866, c. 59. (now wards thirteen, fourteen and fifteen of Boston), and the town 1869, c. 349. of Brookline, in the county of Norfolk, and the wards numbered five, seven, eight, ten, eleven and twelve, in the city of Boston, in the county of Suffolk. It was also provided that the fourth congressional district should comprise the wards numbered one, two, three, four, six and nine, in the city of Boston, the city of Chelsea, and the towns of North Chelsea and Winthrop, in the county of Suffolk, and the city of Cambridge, in the county of Middlesex. The act to unite the city of Boston and the town of Dorchester (chap. 349, 1869), provided that for the purpose of electing a 15* 174 ELECTIONS. See ~48. representative in congress, Dorchester (now ward sixteen of Boston), should constitute a part of congressional district number two. For Councillors. council districts. 51. By chap. 221 of the acts of 1866 it was provided that the 1866, c. 21,~. third council district should comprise the sixth Suffolk, the first Norfolk, the third and fourth Middlesex, and the second Worcester senatorial districts; and that the fourth council district should comprise the first, second, third, fourth and fifth Suffolk senatorial districts. By the act to unite the town of Dorchester to the city of Boston (chap. 349, 1869), it was provided that for the purpose of electing a councillor, Dorchester (now ward sixteen of Boston), See ~ 48. should constitute part of the second council district. ORDINANCE.1 Form of warrants SECTION 1. The form of warrants for calling for ward meetings. Dec.27,1826. meetings of the citizens of the several wards, shall be as follows, to wit: 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 chairman of the board of aldermen of our said city of Boston, the day of in the year of our Lord By order of the board of aldermen. City Clerk. 1 An ordinance prescribing the form of warrants and of the service thereof, passed December 27, 1826. See Charter, ~ 61. ELECTIONS. 175 SECT. 2. All warrants for calling meetings of Tobe servedby constable and the citizens of the several wards, which shall be rDecu7,ed issued by the board of 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. SECT. 3. The form of warrants for calling Formof wrrants for general meetmeetings of the inhabitants of the said city of ing. Boston, shall be as follows, 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, chairman of the board of aldermen of our said city of Boston, the day of in the year of our Lord By order of the board of aldermen. City Clerc. SECT. 4. All warrants which shall be issued Tobeservedby constables, and by the board of aldermen for calling meetings of eturned. the inhabitants of the city, shall be served by any constable of the city, and returned to the said board on or before the meeting of the citizens therein specified. 176 CITY ENGINEER. Time of opening SECT. 5. It shall be the duty of the board of and closing the poll shal be fixed aldermen to fix the time when the poll shall close, by the board of aldterten an n- as well as the time for the opening thereof, in the warrant. election of all officers, and insert the same in any warrant and notification to the inhabitants, of such election. CITY ENGINEER. ORDINANCES. 5. To examine and report on 1. Committee on city engineer's bridges. department 6. Annual report to be made. 2. Election of city engineer. 7. To take charge of lake Cochit3. Duties of city engineer. uate and reservoirs. 4. Assistants. 8. To report to water board. ORDINANCE.1 Committee on SECTION 1. In the month of January, in each engineer's department. year, there shall be appointed a joint committee Oct. 12,1868. of the city council to be called the committee on the city engineer's department, to consist of two members of the board of aldermen, and three members of the common council. The said committee shall have the care and supervision of the city engineer's office; and the appointment and discharge of all persons employed therein shall be with their approval; and they shall fix the amount of compensation to be paid to said employes respectively; provided, that the same shall not, in the aggregate, exceed the sum appropriated therefor by the city council. Choice of city en- SECT. 2. There shall be chosen, annually, on gineer. Ibid. the first Monday of February, or within sixty 1 An ordinance relating to the city engineer's department, passed Oct. 12, 1868. CITY ENGINEER. 177 days thereafter, by concurrent vote of the two oct. 12,1868. branches of the city council, a city engineer, who shall be a citizen of Boston. He shall hold his office for one year from the first Monday of April, in the year in which he shall be elected, unless sooner removed; he may be removed at the pleasure of the city council; and vacancies may be filled at any time for the unexpired term. He shall receive such compensation as the city council may, from time to time, determine. SECT. 3. Said engineer shall perform all such Dutiesandserservices for the city of Boston as properly come Ibld. under the direction of a civil engineer, and shall be consulted on all important matters relating to public improvements of every kind where the advice of an engineer would be of service. He shall take charge of all such structures and public works of the city as the city council, or any committee of the city council, or of either branch, may direct; and under their direction he shall prepare all plans and specifications for such structures, and shall prepare, or cause to be prepared under their direction, all contracts for the same. He shall measure or cause to be measured, when required by any committee of the city council, or of either branch thereof, all work done by contract for the city, and shall certify to the same. He shall be the custodian of all city plans belonging to his department. SECT. 4. He may employ such assistants as May employasistants. shall be necessary to perform the services which Ibid may be required of him, with the approval of 178 CITY ENGINEER. oct. 12,1868. the committee on the city engineer's department, as provided in the first section. To examine SECT. 5. Said engineer shall make annually, bridges. Ibid. or oftener if required, a careful examination of all the bridges within the city limits, and make such reports respecting their condition as to safety, need of renewal or repairs, as the exigency of the case may require. Annual report. SECT. 6. Said engineer shall, annually, in the Ibid. month of January, present to the city council a report in relation to his department (in addition to the report which he is hereinafter required to make to the Cochituate water board) showing the number of persons employed, the detailed expenses of the department, the general nature of the work, the condition of all structures that come under his supervision, - that are in process of construction, or that have been completed during the previous year,- and such other general information in relation to the same as he may deem expedient. To have care of SECT. 7. Said engineer shall take such charge lake and reservoirs, &c. of Lake Cochituate, the aqueduct and lands, and Ibid. the several reservoirs, and all other structures, works, and property connected with the water works, as the Cochituate water board may direct; and he shall perform all such services in relation to the water works as may be required of him by the Cochituate water board or the city council. He shall cause accurate observations of the height of the water at the FANEUIL HALL. 179 lake, the pipe chambers, and the several reser- Oct.12,1868. voirs, to be made daily, or oftener, at his discretion, in order to estimate the daily consumption of water in the city.1 SECT. 8. Said engineer shall, on or before the neport towater board. fifth day of May in each year, present to the said Ibid. 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. FANEUIL HALL.2 ORDINANCE. 2. To examine the apartments once 1. Superintendent to be appointed a month. by the mayor with advice of 3. To attend to the opening and the aldermen. Tenure of closing of the hall. office. His general duties. ORDINANCE.3 SECTION 1. There shall be appointed annu- Superintenden t be appointed by ally, on the first Monday of February, or within mayorandalderI men. His general sixty days thereafter, by the mayor, by and with Outie13. the advice and consent of the board of aldermen, 1854,.448,~49, a superintendent of Faneuil Hall, who shall hold 1 See ordinance concerning the care and management of the water works, post. 2 Faneuil Hall was originally built by Peter Faneuil, and presented to the inhabitants for a market and town house. It was commenced September 8, 1740, and completed September 10, 1742; burned January 13, 1761, rebuilt in 1762, and much enlarged in 1805-6. For a full history of " Faneuil Hall," and the powers and duties of the board of aldermen in the care and management of said hall, see City Doc. 1851, No. 33, and 1852, No. 48. 3 An ordinance providing for the appointment of a superintendent of Faneuil Hall, passed October 14, 1833. 180 FANEUIL HALL. ct. 14,183. his office for one year from the first Monday of ]854, c. 448, ~ 49. April in the year in which he may be appointed, and until his successor is appointed and qualified, or he is removed. He may be removed at the pleasure of the mayor, and a vacancy may be filled at any time for the unexpired term. He shall receive such compensation as the city council may from time to time determine. He shall supervise and take proper care of said hall and all the rooms over the same and connected therewith, attend to the admission of visitors, provide that the said rooms are kept clean and in good order, and report to the board of aldermen all repairs that may be necessary in the same. o examine thea SECT. 2. The said superintendent shall exapartments once a octl.183. amine at least once in each month, and as much oftener as he may deem expedient, the various apartments, comprising 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 he shall report the same to the board of aldermen. To attendto the SECT. 3. The said superintendent shall attend opening and closing ofthe hall. to the opening and closing of said hall, at such Ibid. hours and under such provisions as the board of aldermen may direct. IFANEUIL HALL MARKET. 181 RULES AND REGULATIONS.1 Whenever the hall is used for any meeting, or other pur- Jan. 28, 180. pose, on a petition signed by one hundred legal voters, there shall Feb. 8,1850. r'"'l'^' - Ly ~~~"~"" "^'~Jan. 28,1856. be paid to the city clerk, through the hands of the superintendent May 21,1863. of the hall, the following prices, in advance: - For opening and closing the hall for a convention or a political Fees. meeting, six dollars a day. For opening, closing, lighting and warming the hall in the evening, for a political or any other meeting, eight dollars. For opening, closing, lighting and warming the hall on an occasion when tickets are sold or money is taken at the door, twelve dollars for a day, and twenty-five dollars for an evening; and persons requiring the use of the hall for a dinner, shall pay in addition to the usual fee the sum of six dollars, to defray the expense of washing and cleaning the hall and floor. For opening, closing, lighting and warming the hall for a ball, twenty-five dollars. 2. No decorations shall be made in the hall without a special Decorations. order from the board of aldermen. b. 3. The police attending any meeting in the hall, shall be Police. appointed by the board of aldermen, and the expense of the same Ibid. shall be defrayed by the applicants. 4. The applicants shall be answerable, jointly and severally, Damages. for all damages done to the hall during their occupation of the Ibid. same. FANEUIL HALL M ARKET. STATUTES. ton during certain hours of 1. Mayor and aldermen author- the day, except, &c. ized to extend Faneuil Hall 4. Repeal in part of previous ordiMarket. Provisions respect- nance. ing uamagesfor land taken, 5. Woodcock and partridges not &c. to be killed at certain times 2. Provisions and produce may under penalty. be sold on street stands 6. Quail not to be killed at certain around Faneuil Hall Market times, under penalty. under restrictions. 7. Pinnated grouse or heath hens. 3. No prohibition by city of Bos- 8. Marsh birds, upland plover. 1 Rules and regulations relating to Faneuil Hall, passed by the mayor and aldermen January 28 and February 18, 1850, and by the board of aldermen January 28, 1856, and May 21, 1863. 16 182 FAUEUIL HALL MARKET. 9. Fresh water fowl. 10. Stalls to be leased by written 10. Fresh water or sea fowl, not to leases. be killed on feeding or roost- 11. Offal, &c., not to remain in the ing grounds. stalls. 11. Penalty for killing other un- 12. Offal, &c., not to be thrown domesticated birds, except into the passageways or on snipe, hawks, &c. sidewalks. Stale meat, vege12. Deer not to be killed until Dec. tables, &c., not to be sold or 15,1872. exposed. Superintendent may 13. Municipal authorities to enforce remove it. Penalty. the law. 13. Stalls, &c., shall revert to the city when rent is not paid, ORDINANCE. or regulations are not com1. Superintendent of Faneuil Hall pd plied with. Market, how appointed. Marketi, ahow appointedr 14. Poultry shall be dressed, &c. 2 Deputies appointed by super in g, smoking, disorderly 15. Gaing, smoking, disorderly tendent. Their duties. tendent. Ther dusbehavior, &c., prohibited. 3. Duties of superintendent. 4. Limits of the lmarket. 4. Limits of the market. 16. Horses, carriages, &c., not per5. Superintendent to assign stands w l Zn mitred within limits of the for carts and other carriages. market, except, &c. Penalty. 6. Superintendent and deputies 17. Passageways, &c., shall not be may order carriages, horses, incumbered. &c., to be removed, or cause 18. Street stands shall not be occuthem to be removed., e pied, except, &c. 7. Horses, &c., to be taken from 19. Street stands, what hours to be carriages, &c., by owner, or occupied. superintendent may remove 20 Penalties them. 21. Superintendent shall pay over 8. Butter to be sold by weight. moneys, and make quarterly 9. Fraudulent dealing or breach report. of this ordinance, how pun- 22. Other ordinancesrepealed. Proished. viso. STATUTES. Mayor and alder- 1. By. an act of the legislature, passed February 21, 1824, men authorized to extend Faneul the mayor and aldermen were authorized, whenever the city Hall Market. council should declare that the public exigencies require that the 182c.148. limits of Faneuil Hall market should be extended in any direction between Ann street1 on the north, a line drawn from the east end of Faneuil Hall, on the west, south side of Faneuil Hall, and the lane leading to Greene'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 Provisions respect- within the limits aforesaid, not exceeding one hundred and eighty ing damages for feet wide, as might be prescribed by the city council; provided, land taken, &e. I by y Ibid. that the land taken, by virtue of this act, should never be used 1 Now called North street. FANEUIL HALL MARKET. 183 for any other purposes than those described in said act. without 1823, c.148. the previous consent of the legislature being obtained therefor. The act contained provisions for 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 2. The city of Boston shall make no by-law, ordinance, or Provisions and regulation, excluding from the occupation of street stands within producet my be the limits of Faneuil Hall Market, in said city, as the same are, stands around Faneuil Hall Maror may be defined in the city ordinances, for the sale of fresh ket under certain provisions, and perishable produce, any persons taking such restrictio 1859, c. 211, ~ 1. stand for the sole purpose of selling such fresh provisions or perishable produce, provided the same are the product of the farm of the person offering them for sale, or of some farm within ten miles of the residence of such person; or are to be sold at wholesale only, by the party offering them for sale on commission, for, or as agent for some person or persons residing or having a usual place of business within eight miles of said market; or are meats to be sold at wholesale only by the person who slaughtered the animals of which the same was a part. 3. The said city shall make no by-law, ordinance, or regula- No prohibition by tion prohibiting the occupation of stands within said limits, and city of rtBoon dur the sale of fresh provisions and perishable produce, by the per- ofthe day, except, sons hereinbefore mentioned, between the hoars of four o'clock Ibid, ~2. in the afternoon and the time of closing said market at night, or 1860, c. 12, ~1. before eleven o'clock in the forenoon, except on Sunday and holidays. 4. Any existing by-laws, ordinances, or regulations inconsis- Repealin partof former ordinances. tent herewith are hereby repealed; but this act 2 shall not be con- 1859, c. 211, ~ 3. strued to repeal or prevent reasonable rules of police, needful for the decorum, convenience, and good order of the market, and of those who buy and sell therein. 1 The city council, by resolves passed March 11, 1824, declared that the public exigencies 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. II., pp. 70, 294. 2 Chap. 211, 1859. 184 FANEUIL HALL MARKET. Woodcock and 5. Whoever, between the first day of January and the fifteenth partridges not to kes k any woodcock, be karilled at certain day of August, takes or kills any woodcock, or between the first times, under day of February and the first day of September, takes any ruffed penalty. 1869, c. 246, ~. grouse or partridges, or within the respective times aforesaid, sells, buys or has in his possession any of said birds so taken or killed in this commonwealth or elsewhere, shall forfeit for every such bird twenty-five dollars. Quail not to be 6. Whoever, between the first day of April, eighteen hundred killed at certain egtn times, under and sixty-nine, and the first day of November, eighteen hundred penalty, and seventy-two, takes or kills any of the birds known as quail or Ibid. ~ 2. Virginia partridge, in any way whatsoever, shall forfeit for every such bird the sum of twenty-five dollars. And whoever shall, after the first day of November, eighteen hundred and seventytwo, take or kill any of said birds, except in the months of November and December annually, shall forfeit for every such bird the sum of twenty-five dollars. Pinnated grouse or 7. Whoever, at any season of the year, within this State. heath hens. Ibid. ~ 3. takes or kills any of the birds called pinnated grouse or heath hens, or sells, buys, or has in his possession any of said birds so killed or taken, shall forfeit for every such bird twenty-five dollars. Marsh birds, 8. Whoever, between the first day of March and the first day upland plover. Ibid. ~ 4. of July, takes or kills any marsh birds or upland plover, within this State, shall forfeit for every such bird twenty-five dollars. Fresh water fol. 9. Whoever, between the first day of March and the first day ibid. ~ 5. of September, takes or kills any fresh water fowl, shall forfeit for every such bird twenty-five dollars. Fresh water or sea 10. Whoever, at any season of the year, within this State, fowl not to be killed on feeding or roost- kills any fresh water fowl or sea fowl, either upon the feeding or s roosting grounds of said fowl, shooting from any vessel, boat or Ibid. ~ 6. craft, or chases, or pursues and captures, said fowl, upon or from their feeding or roosting grounds, in any boat or vessel of any kind whatever, shall forfeit for every such bird so taken or killed twenty-five dollars. enalty for killing 11. Whoever, at any season of the year, takes or kills any other undomesticated birds, except undomesticated bird not heretofore mentioned in this act, except snipe, hawk, &c. snipe, hawks, owls, crows, jays and gulls, or destroys or disturbs Ibid. ~ 7. the eggs or nests of such undomesticated birds, except the nests or eggs of snipe, hawks, owls, crows, jays and gulls, shall forfeit twenty-five dollars for each offence; provided, that any person, having first obtained the written consent of the mayor and aldermen of any city or selectmen of any town, may, in such city or town, take or destroy, for scientific purposes only, such birds and eggs as said written consent may specify. Deer not to be 12. Whoever, between the first day of April, eighteen hunkilled until Dec. 15, 1872. dred and sixty-nine, and the fifteenth day of December, eighteen Ibid. ~8. hundred and seventy-two, and thereafter between the fifteenth FANEUIL HALL MARKET. 185 day of December and the first day of September, takes or kills 18s6, c. 246, ~8. any deer, except his own tame deer kept on his own grounds, shall forfeit for every such offence twenty-five dollars. 13.'ihe mayor and aldermen and selectmen of the several MIunicipalauthorities to enforce low. cities and towns of this'commonwealth shall cause the provisions Ibid. ~9. of the preceding sections to be enforced in their respective places; and all forfeitures accruing under these sections shall be paid, Forfeitures, how two-thirds to the informant or prosecutor, and one-third to the spose city or town where the offence is committed.1 ORDINANCE.2 SECTION 1. The mayor and aldermen shall superitendetof' -.^~~~~~~~~ Faneuil Hall Marannually, on the first Monday of February, or ketappotled, within sixty days thereafter, appoint a superintendent of Faneuil Hall Market, who shall hold his office for one year, from the first Monday of April in the year in which he shall be appointed, and until his successor is chosen and qualified, or he is removed. He may be removed at the pleasure of the mayor, and a vacancy may be filled at any time for the unexpired term. He shall receive such compensation for his services as the city council shall fiom time to time determine. SECT. 2. The superintendent of Faneuil Hall His deputies, their appointment and Market may, whenever authorized by the board duties. Ibid. of aldermen, employ one or more deputies, who shall be approved by the mayor, and who shall have power and authority to assist the superintendent in the execution of his office, and on any occasion, when said superintendent is not present, to officiate for him in his stead, and to perform his duties; but no deputy shall remain in office 1 For penalties for sale of meat of young calves, tainted or damaged fish, and for adulteration of food and drugs, see "Health," post. 2 An ordinance in relation to Fanenil Hall Market, passed June 3, 1859; amended May 18, 1866. 16* 186 FAN:EUIL HALL MARKET. June 3,1859 longer than during the approbation of the mayor, and the said superintendent shall be responsible 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. The mayor and aldermen may invest the superintendent and his deputies with police powers. Duties of superin- SECT. 3. The superintendent of Faneuil Hall t endent, &c. Ibid. Market and his deputies shall, under the control of the board of aldermen, have the care and superintendence of said market; and it shall be their duty to preserve order in said market; 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 board of aldermen for the due regulation of the same; and to keep open at all hours of every market day, after the hour of eight o'clock, A. M., the south part of South Market stieet, through the entire length of said street, to the width of thirty-five feet from the outside limits of the sidewalk of said South Market street. This space shall be kept open and unobstructed for the passage of vehicles; and it shall be the duty of the superintendent and his deputies to enter and prosecute complaints for any Met. 253. violations of said regulations, orders, and ordinances. o ST. 4. Te limits of Fal ET. 4 e lis neuil Hall Market aall market deined. shall include the lower floor, porches, and cellars Way 18, 1866. of the building called Faneuil Hall Market; the basement story and cellars under Faneuil Hall, and the following described portions of the adja FANEUIL HALL MARKET. 187 cent streets, viz: so much of Commercial street May8, 1866. as lies westerly of the sidewalk on the easterly side thereof, and between the outer lines of the sidewalks on the northerly side of North Market street and the southerly side of South Market street extended eastwardly; all of North and South Market streets, except the northerly sidewalk of the former, and the southerly sidewalk of the latter; all that portion of Merchants row included between the outer lines of the aforesaid northerly and southerly sidewalks extended westwardly across said Merchants row, and all of Faneuil Hall square, except the sidewalks on the northerly, southerly, and westerly sides thereof, - the above described limits being delineated on a plan made by N. Henry Crafts, city engineer, dated March twelfth, eighteen hundred and sixtysix. SECT. 5. The said superintendent and his Superintendentto assign stands for deputies, under the direction of the board of carts or other carriages. aldermen, shall have the control of all carts, Ju"e3,,8,. 11 Pick. 168. wagons, sleighs, and other vehicles and carriages 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. SECT. 6. The said superintendent and his Superintendent or deputies may deputies shall have power and authority to order carriages,.-L~~~~~~~~~~~~ < ~ ~ ~ ~&c., horses, &c., to remove from place to place within the limits (if beremovedor cause them to be the owners or possessors thereof neglect or iebived. refuse after being requested so to remove them, 188 FANxEUIL HALL MARKET. June 3,1859. or if the owner or possessor be absent therefrom), all such carts, wagons, sleighs, carriages, and vehicles, with their contents, and all horses and other beasts as shall be ranged or formed in any other manner than as directed by said superintendent or either of his deputies; and the owner or person having charge of any cart, wagon, sleigh, carriage, or other vehicle, or any box, barrel, cask, crate, basket, package, tub, or other vessel, whether empty or not, occupying any place within the limits of said market, shall, when directed by said superintendent or either of his deputies, remove the same with their contents, or cause the same with their contents to be removed without delay, to such place within the limits of the said market as the said superintendent or either of his deputies may' direct; and in case of neglect or refusal so to do by such owner, or possessor, or in case of their absence, so that the direction to remove cannot be given by said superintendent or either of his deputies and immediately complied with, the owner or possessor thereof shall be liable to the penalty hereinafter mentioned for violation of this ordinance. Horses, &c., to be SECT. 7. All horses and other beasts shall be taken from carriages, &c., by taken from the carts, wagons, sleighs, carriages, owner, or superintendentmayre- and other vehicles having provisions or articles move them. Ibld. of any kind for sale therein, while standing 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 FANEUIL HALL MARKET. 189 superintendent or either of his deputies, whenever June 31859. he, or either of them, shall find any cart, wagon, sleigh, carriage, or other vehicle, or any ox, horse, or other beast standing or being within the said limits, abandoned and left unprotected, or found within the limits of the market on any part of the Lord's day or evening, to cause such cart, wagon, sleigh, carriage, or other vehicle, with its contents, 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 superintendent, or either of his deputies, shall demand, the same to be paid to and accounted for by said superintendent or his deputies to the city. SECT. 8. All the butter brought within the Butter to e sold by weight. limits of said market for sale, shall be sold by Ibid. weight; and if it is in lumps, each lump shall contain one or more even or integral pounds, half or quarter pounds, weight; and the superintendent and his deputies shall have power and authority to take and weigh all butter in lumps so exposed for sale in said market, and if found deficient in weight, to destroy the form of said lumps. SECT. 9. If any person shall, within the limits F r-linlnt lealing or breach of of said market, sell, or offer to sell, or exhibit for this orldinlace, 190 FANEUIL HALL MARKET. how punished. sale, any article which shall be deficient in the June 3,1859. weight or measure for which 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, he shall be liable to the penalty provided in the twentieth section of this ordinance. Stalls to be leased SECT. 10. The several stalls and cellars in by written leases. Ibid. said market shall be leased to the respective occupants by written leases, the conditions of which shall be prescribed by the board of aldermen;1 and the rent thereof shall be paid to the 1 The following conditions, prescribed from time to time by the board of aldermen, are now in force, and are incorporated in each lease: - 1. That the lessee shall obey all the provisions of the city ordinances, and orders of the board of aldermen, relating to the market. 2. That the several stalls or cellars shall be kept in repair at the expense of the lessee. 3. That the lessee shall not place, or suffer to be placed, any box, cask, or other articles in the passageway before his stall or cellar, or within it so as to project into any part of the passageway, or in the cross passageway, unless by consent of the superintendent of the market. 4. That the lessee shall not smoke, nor have in his possession any lighted pipe or cigar, within the limits of the market, nor shall he suffer or allow any other person to smoke upon his premises in the market. 5. Said stall or cellar shall not be underlet to any person by said lessee, or be occupied by any person except said lessee, without the assent of the board of aldermen previously obtained. 6. Said lessee shall not throw, or permit to be thrown, or to lemain within the precincts of his stall or cellar, any offal, animal substance, scrapings, or any kind of dirt, filth, or useless matter, but shall forthwith remove the same, or cause the same to be deposited in some tight vessel, to be approved by the superintendent of the market; and to be removed by said lessee, as the superintendent or either of his deputies shall direct. 7. When the lessee of any stall or occupant of any cellar in said market house shall from any cause whatever vacate the same, or shall receive notice from the board of 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 or cellars of such lessee shall thereupon revert to the city and be at the disposal of the board of aldermen. FANEUIL HALL MARKET. 191 said superintendent of the market, or to such per- June 3,1859. son as the board of aldermen may appoint, and at such times as the board of aldermen may determine; and such lessees shall not underlet the same, Shallnot be ulderor 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 board of aldermen, under the penalty of forfeiting the right to their respective cellars, stalls, and leases. SECT. 11. The said lessees shall not throw, or Offal,&c.,nottobe thrown, or remain permit to be thrown, or to remain within the pre- inthestlls,&c. Ibid. cincts of their respective stalls or cellars, 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 superintendent or either of his deputies, and to be removed by said lessees as the said superintendent, or either of his deputies, may direct. 8. The market house to be closed on Washington's birthday (22d of February), and on Christmas day; also, on the day of the celebration of the Declaration of Independence, unless said occasion occurs on Saturday or on Monday, when said market shall be closed at nine o'clock, A. M.; said market shall also be closed on the seventeenth of June at nine o'clock, A. M. 9. That the rent shall be paid monthly to the superintendent of the market, unless otherwise provided by indorsement on the lease. 10. The lessee shall not employ any person within the limits of Faneuil Hall Market who shall be objectionable to the market committee. 11. In case of the insolvency of the occupant of any stall or cellar before his term expires, the lease shall revert immediately to the city, and shall be subject to the disposition of the market committee for the remainder of the term. 12. No stall shall be occupied by more than one individual unless the same shall be occupied by such parties as co-partners. 13. In case of any violation of the preceding conditions, the lessee shall be subject to a forfeiture of his stall or cellar and of his lease. 192 FANEUIL HALL MARKET. ffal,&c., nottobe SECT. 12. No person shall throw or sweep any thrown into the asdgewalsoron offal, animal or vegetable substance, scrapings or June 3,1859. sweepings, damaged salt, brine, or pickle, or foul water from the stalls or cellars into the passageways, or on the sidewalks, or into the streets adjoining said market-house, at any time during Stale eat, vege- the day or night. Nor shall any person within tables, &c., not to be sod or exposed. the limits of said market sell, or offer to sell, or G. S. 16(, ~~ 1, 2. See Health," expose for sale, or have in his possession any post. meat, fish, bread, vegetables, tallow, skins, pelts, poultry, or other articles which, in the opinion of said superinteendent,or either of his deputies, shall be diseased, corrupted, tainted, or unwholesome; but such person shall, when directed by said Superintendent, superintendent, or either of his deputies, forth&c., may remove it, &c. with remove all such articles from said limits to such suitable place as the said superintendent or either of his deputies may order; and if such person shall refuse or negledt 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 superintendent 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 superintendent, or either of his deputies, it may 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 superintendent or any of his deputies, or any person employed by either of them, in the premises he Penalty. shall be liable to the penalty provided in the twentieth section of this ordinance. FANEUIL HALL MARKET. 193 SECT. 13. When the lessee of any stall or of stals,&c,hallre -*/~~~ ~vert to city when any cellar in said market-house shall, from any rent is not aid o regulations are not cause whatever, vacate. the same, or shall receive Jomplied ith. notice from the board of 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 board of aldermen. SECT. 14. No poultry shall be sold or offered Poultryshaillbe dressed, &c. for sale in said market until the same has been Ibid. properly dressed, by removing the heads, crops, entrails, and feathers. SECT. 15. No person shall, within the limits Gaming, moking, disorderly behaof Faneuil Hall Market, play at any game, or lie viorproibited. down, or sleep, or behave in a disorderly, noisy, or riotous manner, or scuffle, or throw any missile or thing whatsoever; nor shall any person, within the limits of said market smoke, or have in his possession, any lighted pipe or cigar; nor shall any idle or disorderly person, itinerant pedler, or transient person, making disturbance or noise, be allowed to fiequent or tarry within the limits of said market, after being forbidden so to do by the superintendent or his deputy; and every person offending against the provisions of this section Penalty shall be liable, for each offence, to the penalties prescribed in the twentieth section of this ordinance. 17 194 FANEUIL HALL MARKET. Horses, carriages, SECT. 16. No horse or other beast, and no &e., not permitted itinlimitsofthe cart wagon, carriage, sleigh, or other vehicle shall market, except, &c. ue,18'59. 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 any business within the limits of said market on any week-day after the hour prescribed for closing the market (except 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, carriage, sleigh, or other vehicle, box, barrel, crate, cask, or other vessel, empty or otherwise, within the limits of said market on any part of the Lord's day or evening, or on any week-day after the said hour for closing the market except on the evenings immediately preceding Thanksgiving and Christmas days, or on any evening after the closing of the market-house, he shall Penalty. forfeit a penalty not exceeding fifty dollars; and Superintendent the said superintendent, or either of his deputies, may remove horses, &c. may cause the same to be removed in the manner provided in the sixth and seventh sections of this ordinance, or either of them. Passageways, &c., SECT. 17. Lessees of stalls and occupants of shall not be incumbered. stands shall not incumber the main passageway or Ibid. cross passageways within the said market-house, nor the passageways outside of said house, in front of the doorways and leading into the middle of the streets, nor any of the avenues leading to and from the said market, with any casks, barrels, meat, or other articles or incumbrances. EANEUI HALL H MARKET. 195 SECT. 18. No person shall occupy a street Street tands shall not be occupied, stand within the limits of the said market, unless except, & June 3,1859. for the sole purpose of selling fresh provisions or 9 Met.-23. perishable produce, the product of the farm of the person offering them for sale, or of some farm within ten miles of the residence of such person; or for the purpose of offering the same for sale at wholesale, on commission for or as agent of some person or persons not residing or having a usual place of business within eight miles of said market; and meats shall be sold at wholesale only by the person who slaughtered the animals of which the same were a part. SECT. 19. Any person occupying a street street stands, what hours to be occustand within the limits of the said market, for the pied. Ibid. sale of fresh provisions and perishable produce, between the hours of eleven o'clock in the forenoon and four o'clock in the afternoon, and between the hour of closing the said market at night and the morning of the next day, unless permitted so to do by the superintendent or his deputy, shall be liable to the penalty hereinafter mentioned for a violation of this ordinance. SECT. 20. Every person offending against any Penalties. of the provisions of this ordinance except as otherwise specially provided in any section thereof, shall forfeit and pay a sum not less than two dollars, nor more than fifty dollars for each offence, to be recovered on complaint before the municipal court of the city of Boston. SECT. 21. The said superintendent shall pay Superintendent oer a11lloneys by him reeive to the citshall pay over over all moneys by him received to the city moneys. 196 FENCES AND FENCE VIEWERS. June3,1859. treasurer as soon as received by him, and shall make a quarterly report to the board of aldermen of all sums so received and paid over. Other ordinances SECT. 22. An ordinance providing for the repealed. Ibid. appointment of a superintendent of Faneuil Hall Market, passed October 14, 1833, and all other ordinances inconsistent herewith, are hereby Proviso. repealed; provided, however, that the passage of this ordinance shall not affect any act done or any right accruing or accrued, or established, or any suit or proceeding had or commenced in any civil case, nor any offence committed, nor any penalty or forfeiture incurred, nor any suit or prosecution pending for any offence committed, or for the recovery of any penalty or forfeiture incurred under any of said ordinances hereby repealed; and all persons who hold any office under said ordinance shall continue to hold the same according to the tenor thereof; and no ordinance which has heretofore been repealed shall be revived by the repeal before mentioned. FENCES AND FENCE VIEWERS. STATUTES. 6. Double damages in case, &c. 1. What shall be a legal fence. 7. Fence viewers may order com2. Adjoining occupants to main- pensation for repairing more tain fences. than just share. 3. Proceedings when a party neg- 8. Partition fences, how kept. lects, &c. 9. How and where made when Remedy against adjoining lands are bounded by water. owner, &c., for repairing, 10. Where lands have been im&c., deficient fence. proved without partition 5. Controversies between parties fences, division maybe made. about repairing, &c., how de- 11. Fence viewer may determine termined. whether fence is required; FENCES AND FENCE VIEWERS. 197 may employ a surveyor; line closed lands, the other may fixed to be considered the purchase right in fence. true line till otherwise de- 15. Where unimproved lands are cided by court, &c. afterwards inclosed, &c., 12. If the line is altered by the party benefited shallpay, &c. court, fence viewers may or- 16. Fence viewers, when fences are der removal of fence to the on town lines. new line, &c.; fees and ex- 17. Where water fence is necespenses, how recovered. sary, how made. 13. Fences to be maintained by 18. Fence viewers, how chosen. agreement of parties or as- Penalty for fence viewers' signment of fence viewers, neglect of duty. Lands may be laid common 19. Fees of fence viewers, by whom by giving notice. to be paid and how recovered. 14. When one party lays open enSTATUTES. 1. Fences four feet high and in good repair, consisting of rails, What shall be a timber, boards, or stone, and brooks, rivers, ponds, creeks, ditches, legalfence. G. S. 25, ~ 1. and hedges, or other things which the fence viewers within whose jurisdiction the same shall lie shall consider equivalent thereto, shall be deemed legal and sufficient fences. 2. The respective occupants of lands enclosed with fences Adjoiningoccushall, so long as both parties improve the same, keep up and fn to maintain maintain partition fences between their own and the next adjoin- Ibid. ~2. 2 Met. 180. ing enclosures, in equal shares. 4 Met. 5s9. 3. If a party refuses or neglects to repair or rebuild a partition 4 Gray, 220. Proceedings when fence which he ought to maintain, the aggrieved party may corn- a party neglects, plain to two or more fence viewers of the place, who, after due notice G.'5 2 ~ 3 to each party, shall survey the same, and if they determine that the 14 Pick. 276. 11 Met. 496. fence is insufficient, they shall signify the same in writing to the delinquent occupant, and direct him to repair or rebuild the same within such time' as they judge reasonable, not exceeding fifteen cays; and if the fence shall not be repaired or rebuilt accordingly, the complainant may make or repair the same. 4. When a deficient fence built up or repaired by a con- Remedy against plainant as provided in the preceding section is, after due notice adjoining owner, &c., for repairing, to each party, adjudged sufficient by two or more of the fence &c., deficient fence. G. S. 25, ~ 4. viewers, and the value thereof with their fees ascertained by a 6M ass495. certificate under their hands, the complainant may demand either 5 Pick. 503. 14 Pick. 276. of the occupant or owner of the land where the fence was deficient, double the sum so ascertained; and in case of neglect or refusal to pay the same so due, for one month after demand, he may recover the same with interest at one per cent a month, in an action of contract. 5. When a controversy arises about the rights of the respec- Controversiesbetive occupants in partition fences and their obligation to maintain twepna pertisabout repairing, 17*., how 17* 198 FENCES AND FENCE VIEWERS. determined. the same. either party may apply to two or more fence viewers of 1 Met. 4960. the places where the lands lie, who, after due notice to each party, 11 ush. 450. may, in writing, assign to each his share thereof, and direct the time within which each party shall erect or repair his share, in the manner before provided; which assignment, being recorded in the city or town clerk's office, shall be binding upon the parties and upon the succeeding occupants of the lands; who shall thereafter maintain their respective parts of said fence. Double damages in 6. If a party refuses or neglects to erect and maintain the part Ibis. ~t. of a fence assigned to him by the fence viewers, the same may in 11 Met. 496. the manner before provided be erected and maintained by any aggrieved party; and he shall be entitled to double the value thereof ascertained and recovered in the manner aforesaid. Fence viewers may 7. When in a controversy between adjoining occupants as to order compensa- their respective rights in a partition fence, it appears to the fence tion for repairing more than just viewers that either of the occupants had, before any complaint bid.7. made to them, voluntarily erected the whole fence, or more than 14 Pick. 276. his just share of the same, or otherwise become proprietor thereof, 11 Met. 496. the other occupant shall pay the value of so much thereof as may be assigned to him to repair or maintain, to be ascertained and recovered as provided in this chapter.1 Partition fences, 8. Partition fences shall be kept in good repair throughout low kept. the year, unless the occupants of the lands on both sides shall Ibid. ~ 8. otherwise agree. Partition fences, 9. When lands of different persons which are required to be maiev enhlands fenced, are bounded upon or divided from each other by a river, are bounded by brook, pond, or creek, if the occupant of the land on one side water. Ibid. ~. refuses or neglects to join with the occupant of the land on the 11 Met.496. other side in making a partition fence on the one side or the other, or shall disagree respecting the same, then two or more fence viewers of the place or places wherein such lands lie, on application made to them, shall forthwith view such river, brook, pond, or creek; and if they determine the same not to answer the purpose of a sufficient fence, and that it is impracticable to fence on the true boundary line without unreasonable expense, they shall, after giving notice to the parties to be present, determine how, or on which side thereof, the fence shall be set up and maintained, or whether partly on the one side and partly on the other side, as to them shall appear just, and shall reduce their determination to writing; and if either of the parties refuses or neglects to make and maintain his part of the fence according to the determination of the fence viewers, the same may be made and maintained as before provided, and the delinquent party shall be subject to the same costs and charges to be recovered in like manner. 1 Gen. Stats. c. 25, to be found in the text. FENCES AND FENCE VIEWERS. 199 10. When lands belonging to two persons in severalty have Where lands have been occupied in common without a partition fence between bwithout partiton them, and one of the occupants desires to occupy his part in fences, division severalty, and the other occupant refuses or neglects on demand G.S.2, ~ 0. to divide the line where the fence ought to be built, or to build a sufficient fence on his part of the line when divided, the party desiring it may have the same divided and assigned by two or more fence viewers of the same place, in the manner provided in this chapter; and the fence viewers may, in writing, assign a reasonable time, having regard to the season of the year, for making the fence; and if the occupant complained of does not make his part of the fence within the time so assigned, the other party may, after having made up his part of the fence, make up the part of the other, and recover therefor double the expense thereof, together with the fees of the fence viewers, as provided in the see ~~11,9. other sections. 11. Fence viewers, when called to act under the provisions of Fenceviewers may the preceding section, shall have power to determine whether a fetesne required; partition fence is required between the lands of the respective may employ a surveyor; line fixed occupants, and may, when the division line between their lands is to be considered in dispute, or unknown, designate a line on which the fence shall the true line till decided by court. be built, and may employ a surveyor therefor, if necessary; and 18, c. 190, ~ 1. such line shall, for the purpose of maintaining a fence, be deemed the division line between such lands, until it shall be determined by judicial proceedings, or otherwise, that the true line is in another place, and until so determined, all provisions of law relating to the erection, maintenance, and protection of fences, shall be applicable to the fence erected, or to be erected, on such line. 12. If, after a fence has been made upon a line thus desig- If line is altered by nated, it shall be determined by judicial procedings, or otherwise, eourt, fae derw that the true division line is in another place, each occupant moval offenceto the new line; fees shall remove his part of the fence to, and rebuild the same on, and expenses, how such line; and in case of neglect or refusal by either party to recovered. Ibid. ~ 2. remove and rebuild his share thereof, the other may apply to two or more fence viewers, who, upon such application, shall view the premises and assign a time within which the fence shall be removed and rebuilt, and give the delinquent party notice thereof; and if such party does not remove and rebuild the fence within the time so assigned, the other party may remove and rebuild the same, and recover double the expense therefor, together with the fees of the fence viewers, to be ascertained and See ~19. recovered in the manner provided in section four. 13. Where a division of fence between the owners of improved rences tobe maintained by agreelands has been made either by fence viewers or under an agree- ment of parties or ment in writing between the parties, recorded in the office of the assignment of 200 FENCES AND FENCE VIEWERS. fence viewers. clerk of the city or town, the several owners of such lands, and Lands may be laid coanmon y bivlig their heirs and assigns, shall erect and support said fences agreenotice. ably to such division; but if a person lays his lands common and GS. 25, ~ 11. 1cush. 5. determines not to improve any part of the same adjoining the fence divided as aforesaid, and gives six months' notice of his determination to all the adjoining occupants of lands, he shall not be required to keep up or support said fence during the time that his lands lie common and unimproved. When one party 14. When one party ceases to improve his land or lays open lande oher elose his enclosure, he shall not take away alny part of the partition may purchase fence belonging to him and adjoining to the next enclosure, prorightin fence. Ibid ~ 12. vicdec the owner or occupant thereof will allow and pay therefor so much as two or more fence viewers in writing determine to be the reasonable value thereof. Where unim- 15. When land which has lain unenclosed is afterwards enproved lands are enclosed,&c., party closed or used for depasturing, the occupant or owner thereof shall benefited shall py for one-half of each partition fence standing upon the line pay, &c.C Ibid. ~13. between the same land and the land of the enclosures of any other Cush. 11. occupant or owner, the value thereof, to be ascertained in writing, (in case they do not agree between themselves,) by two or more of the fence viewers of the same place wherein such partition fence stands; and if such occupant or owner, after the value has been so ascertained, neglects or refuses, for thirty days after demand made, to pay for one-half of the partition fence, the proprietor of the fence may maintain an action of contract for such value, and the costs of ascertaining the same; but the occupant or owner of unenclosed land on the island of Nantucket, used for depasturing only, shall not be subject to the foregoing provisions of this section. Fence viewers, 16. Where the line upon which a partition fence is to be made when fences are on town lines. or divided is the boundary line of one or more cities or towns, or Ibid. ~ 14. partly in one and partly in another, a fence viewer shall be taken from each place. water fences, how 17. When a water fence, or fence running into the water, is m ade. Ibid. ~ 15. necessary to be made, the same shall be done in equal shares, 11 Aet. 496. unless otherwise agreed by the parties; and in case either party refuses or neglects to make or maintain the share to him belonging, similar proceedings shall be had as in other cases of the like kind respecting other fences before mentioned. enalty uponfence 18. Two or more fence viewers shall be chosen annually; and viewers for neglect of duty. any fence viewer duly chosen and sworn who, when requested, G.. 25, 16. unreasonably neglects to view a fence, or to perform any other duties required of him in the preceding sections, shall forfeit five dollars. to be recovered by action of tort to the use of the place, or on complaint to the use of the commonwealth, and he shall also be liable for all damages to the party injured. FERRIES. 201 19. Each fence viewer shall be paid at the rate of two dollars Feesoffenceviewa day for the time he is so employed by all or by such of the ers, by whom to be paid. How reparties in dispute, and in such proportions as shall be determined covered. Ibid. ~ 17. by a certificate in writing, under the hands of the fence viewers, 182, c. 93, ~. acting in each case; and if any person or persons so required to pay the whole or any portion of said fees, shall neglect to pay the fence viewers within thirty cays after the certificate has been delivered, the fence viewers may recover, in an action of tort, double the amount of the fees cue from such delinquent party. FERRIES.1 1. Winnisimmet Company au- occupied by People's Ferry thorized to establish a ferry Company, provided, &c. between Boston and Chelsea. 11. City of Boston may purchase 2. Said company may extend its franchise and property of wharves in Boston and Chel- East Boston Ferry Company, sea. for certain purposes; and may 3. East Boston Ferry Company establish rates of ferriage. incorporated. 12. City may maintain ferry free 4. To furnish such accommoda- of tolls. Aldermen to detertions for transportation as mine what portion of cost mayor and aldermen may shall be borne by owners of order. Tolls. real estate in East Boston. 5. Directors to make annual re- 13. Parties aggrieved may apply for turns to mayor and alder- jury, &c. men. 14. Decision of aldermen to be 6. Not to take away authority of certified to assessors, and mayor and aldermen to assessments to be made upon license ferries. estates benefi'ed. 7. City of Boston may purchase 15. City may operate ferry with franchise and property of additional boats and at reEast Boston Ferry Company. duced rates of ferriage. 8. May issue scrip to pay for the 16. City may maintain ferry free same. for ten years, and subse9. After purchasing, the city may quently apportion half the operate the ferry and estab- cost of purchase upon estates lish tolls. benefited. 10. East Boston Ferry Company 17. May collect tolls for all vehicles authorized to run boats be- passing to or from places tween landings formerly beyond limits of city. 1 For statute provisions in relation to the authority of county commissioners to license ferries, see chap. 47, G. S. For a more particular account of the acts of the State and the city of Boston, in regard to the East Boston Ferries, see City Doc. 24, 1866; City Doc. 83,1866; and Nos. 58, 87, and 88, 1869. 202 FERRIES. STATUTES. CHELSEA FERRY. Winnisimmet 1. The Winnisimmet Company, incorporated in 1833, was company author- empowered to purchase and hold any ferry or ferry rights beized to establish a ferry between Bos- tween Boston and Chelsea; and to construct and maintain ton and Celsea. wharves and other works suitable and convenient for steamboats 1833, c. 197. and other vessels that may be used on any such ferry; but it was not authorized to build any bridge or dam over the channel of any public navigable waters, or otherwise permanently to obstruct the same. A penalty of not less than twenty dollars and not over one hundred dollars was imposed upon any person obstructing the passage of the boats or wilfully injuring the property of the corporation. Nothing in the act was " in any way to affect the power of the legislature to grant such other ferries as they lawfully might if this act had not been passed, nor to limit or affect in any way the right of the legislature to fix, regulate, and at their pleasure to change the rates of toll at any ferry owned or conducted by said corporation, or to authorize any other tribunal to do the same." The winnisimmet 2. By the statutes of 1837, chapter 211, the Winnisimmet Company may ex- Company was authorized to extend its wharves, dock, and tend its wharves, &c, in Boston and landing-place, situated near the foot of Hanover street, Boston, Chelsea. into and over the tide waters of the harbor, with the right to use and occupy the flats within or adjoining the said wharves and structures when so extended; such wharves and structures not to extend beyond the commissioners' line, and not to be built otherwise than on piles within two hundred and twenty-five feet of said 1i46, c. 166. line. The act of 1846, chapter 166, authorized the company to extend its wharves and docks for the reception of the ferry boats at Chelsea, over the tide waters in the harbor, not exceeding sixty feet from the end of their wharves as there existing, by driving piles in front of said wharves, with the right to use and occupy the flats adjoining for the purposes of the ferry. EAST BOSTON FERRIES.1 East Boston Ferry 3. By chapter two hundred and forty-four, of the acts of the Companyincor- year 1852, the East Boston Ferry Company was incorporated for 1852, c. 244, ~ 1. a term of twenty years, for the purpose of establishing and sup1 For some account of ferries between East Boston and the city proper, previous to 1852, see City Doc. 24, 1866. Eastern avenue, and the docks, drops and buildings on both sides of the East Boston ferry were conveyed to the city in November 1859, for the sum of $125,000. FERRIES. 203 porting a ferry between the mainland in the city of Boston and 1852, c. 244, ~ 1. the island of East Boston. 4. Said company are bound to furnish all such accommoda- To furnish such accommodations tion for the transportation of persons, horses, cattle, carriages, for transportation wagons, goods, and merchandise as the mayor and aldermen of as the mayor and aldermen order. the city of Boston, for the time being, shall from time to time Tolls. consider that the public convenience require; and shall be allowed Ibid. 2. to collect and receive such tolls as the said mayor and aldermen shall determine; provided, however, that the rates of ferriage shall never be so much reduced as to reduce the yearly dividends of said company to an amount less than eight per cent on the amount of capital stock actually invested.' 5. The directors of said company shall, from year to year, in Directors to make the month of January, make a return to the said mayor and annualrerns to mayor and alderaldermen, under oath, of their acts and doings, receipts and ex- men. penditures, specifying the several items making up said expendi- Ibid.~6. tures; and their books shall at all times be open to the inspection of any committee of the said mayor and aldermen, appointed for that purpose; and if the directors of said company shall refuse or neglect to make such returns, they shall for every such refusal or neglect, forfeit a sum not exceeding five hundred dollars, to be recovered in an action of debt by the city of Boston for its own use. 6. Nothing in this act shall be construed to take from the said Not to take away mayor and aldermen the power which they now have by virtue of authority of mayor and aldermen to the twenty-sixth chapter of the Revised Statutes,2 to license any license ferries. person or persons as ferrymen from the mainland in the city of Ibid. ~7. Boston to the island of East Boston, whenever they may consider the public convenience or necessity to require it. 7. The city of Boston, by a vote of the city council, may, at City of Boston any time during the continuance of the charter of said company, may purchase ""Jo i" J-M-?franchise and propurchase of the said company, the said ferry, and all the franchise, perty of East Boston Ferry Conmproperty, rights, and privileges of the said company, by paying pany. them therefor such a sum as will reimburse them the amount of Ibid. ~ 9 See ~ 11. capital paid in, with a net profit thereon, as may be agreed upon, not exceeding ten per cent per annum, from the time of the payment thereof by the stockholders to the time of such purchase. 8. For the purpose of making the purchase aforesaid, the city May issue scrip to council of the city of Boston shall have authority to issue, from Pay lor thue sae. Ibid. ~ 10. time to time, notes, scrip, or certificates of debt, to be denominated on the face thereof " Boston Ferry Scrip," to an amount not 1 See the case of East Boston Ferry Company vs. Mayor and Aldermen of Boston, S. J. C. 1869; City Doc. No. 88, 1869. 2 Gen. Stat. c. 47. 204 FERRIES. 1i52, c. 244, 10o. exceeding in the whole the sum of five hundred thousand dollars, bearing interest at a rate not exceeding the legal rate of interest in this commonwealth; and said interest, shall be payable semiannually, 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 purpose aforesaid, on such terms and conditions as the said city council shall judge proper. All notes, scrip, and certificates of debt, to be issued as aforesaid, shall be signed by the treasurer and auditor, and countersigned by the mayor of the said city, and a record of all such notes, scrip, and certificates, shall be made and kept by the said treasurer and auditor respectively. After purchasing, 9. Whenever said city of Boston shall purchase said ferry or the city ma runs said company, all the rights, powers, and authority, given to said tablish tolis, &c. company by this act, shall be vested in, and exercised by, said Ibld. ~~1. city of Boston, subject to all the duties, liabilities, and restrictions, herein contained, in such manner, and by such agents, officers, and servants, as the said city council shall from time to time ordain, appoint, and direct. And said city of Boston shall have the right to collect and receive the same rates of toll as are allowed by the second section of this act to said company; provided, that, whenever the tolls collected on said ferry shall be sufficient to reimburse the said city of Boston for the cost of said ferry, with such a per cent interest, annually, as said city of Boston pays on said'' Boston Ferry Scrip," and for all the expenses of the repairs and additions to said ferry, and all the current and incidental expenses of its superintendence and management, and to provide such a fund as the said city council may regard sufficient for the future support of said ferry, then the tolls on said ferry shall cease, and said ferry shall ever after be maintained by said city of Boston as a free ferry; provided, also, that the said city council shall have the power and authority to re-establish such rates of toll on said ferry as may be sufficient to pay the current and incidental expenses of the superintendence and management thereof, whenever the fund aforesaid shall be found insufficient for its support, and that the income, rents, and receipts of said ferry, after deducting all expenses and charges of support and maintenance, shall be set apart as a sinking fund, and shall be appropriated for and towards the payment of the principal and interest of said scrip, and for the accumulation of the fund aforesaid; and shall, under the management, control, and direction of the mayor, treasurer, and auditor of said city, or the major part of them for the time being, who shall be trustees of the said fund, be applied solely to FERRIES. 205 the use and purpose aforesaid. And the said trustees shall, when- s182, c. 244, ~ 1. ever thereto required by said 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. 10. By chapter 353 of the acts of the year 1868, the East Bos- East Boston Ferry ton Ferry Company was authorized to run ferry boats to and from om izey o ubort the landings on the mainland in Boston and on the island of East between landings formerly occupied Boston, formerly owned by the People's Ferry Company,1 and now by People's Ferry owned by the city of Boston; provided, the consent of the board of Company, plovided, &c. aldermen of said city be first obtained, and only during the con- iss, c. 353, ~ 1. tinuance of such consent or any renewal thereof. 11. By chapter 155, of the acts of the year 1869, the city City of Boston council of Boston were authorized, for the purpose of improving may puretl.se 7"'' franchise and proprivate property, and of protecting the same and the travel and perty of East Eoston Ferry Combusiness between the mainland, in said city, and East Boston from pany. the disabilities and burdens of the ferry communications hereto- 1(89, c-. 55, ~ 1fore existing between said parts of the city, and of furnishing additional facilities to said travel and business, to purchase the boats and so much of the other property, including the fianchise of the East Boston Ferry Company as they shall think expedient, at such price as may be agreed upon between them and the said ferry company, with the approval of the mayor of said city, and to ordain and establish the present or such other lines of ferry travel as they may see fit between the said parts of said city, and May establish rates to cause the said ferry to be maintained thereon in such manner offerrge' and upon such rates of ferriage as the board of aldermen of said city shall from time to time judge the best interests of the said city to require, excepting only as hereinafter provided.12. Upon the completion of said purchase, the said city May maintain council shall consider and determine whether the interests of said ferr'ee of tolls. Ibid. ~ 2. city will be best promoted by maintaining said ferry thereafter free of tolls, and in case they shall decide the same in the affirmative, then the said city shall maintain and operate, or cause to be maintained and operated, the said ferry thereafter free of all tolls, and with facilities for travel not less than those now furnished by 1 The People's Ferry Company was chartered in 1853 (chap. 422). In March 1859, it conveyed all its property, except its boats and franchise. to the city for $125,000. Early in 1864 the boats on this line were withdrawn and sold, and the property purchased by the city in 1859 was taken possession of by the committee on public buildings. See City Doc. 24, 1866. The Citizens' Ferry Company was incorporated by chap. 213, of the acts of the year 1866. After the passage of the act, however, the corporators purchased a controlling interest in the stock of the East Boston Ferry Conpany; and as they failed to establish and open a ferry under the act of 1866, within two years from its passage, the act became void. 18 206 FERRIES. 186, c. 155, ~ 2. said company, or those which now are, or hereafter may be, by law required. Aldermen to de- And in such case the said board of aldermen shall adjudge and tinewhat por- determine whether the territory of that part of the said city tion of cost shall be borne by oners called East Boston and Breed's Island, or any and what part of real estate in East Bostaon. thereof will receive any benefit and advantage therefrom, beyond that general advantage which will be received therefrom by other portions of said city, and what portion of the cost of such purchase shall be borne by the city, and what portion by the owners of real estate in said East Boston and Breed's Island, or the portion thereof so adjudged to be benefited, by reason of said benefit. A notice of such determination shall be published for two weeks successively in some one newspaper published in said city. Parties aggrieved 13. Any person aggrieved by the determination of said board, may apply for either as to the benefit received or as to the division of the exIbid. ~3. pense between the city and the owners of real estate as aforesaid, may at any time within two months after the first publication of Proceedings as in the notice aforesaid, apply for a jury. Such application shall be hcas ying out made in like manner, and the proceedings thereon shall be the highways. same as in the case of laying out and discontinuing highways in the said city; provided, that before making his application the party shall give one month's notice in writing to said board of aldermen of his intention so to apply, and shall therein particularly specify his objections to the determination of said board as to the benefit received, and the proposed division of expense, to which specification he shall be confined upon the hearing before the jury; and, 1provided, also, that if the superior court within and for the county of Suffolk shall not be in session at any term thereof at the time of such application, the filing of his petition in the office of the clerk of said court shall be deemed an application for the purposes of this act. If, upon the hearing, the objections to said determination are not sustained, the charges arising on such application shall be paid by the applicant or person recognizing therefor, otherwise they shall be paid by the city, and the board of aldermen may, if necessary, determine anew the benefit and division of expense aforesaid, or either of them, and may make such abatements as they may judge expedient. f jury is not ap- Any person who neglects to make application for a jury as herein plied for, determi- provided, shall be concluded in all respects under this act by said nation of aldermen to be final. determination of said board of aldermen, and shall not be entitled by any process, either at law or in equity, to prevent the said assessment or to recover the amount of any assessment collected of him. l)ecision of alder- 14. After two months from the final determination of said men to be certified board of aldermen as to the division of the expense of such to assessors, and FERRIES. 207 purchase and the territory benefited thereby as aforesaid, the assessmentsto be said board of aldermen shall cause to be certified to the assessors made uon estates bernelited. of said city the portion of the cost of said purchase which is to 1869, c. 155, 4. be borne by the owners of real estate within said territory to be benefited, which shall be by said assessors equitably and ratably assessed upon the said owners of real estate in said district adjudged to be benefited, and shall constitute a lien upon said real estate, and shall be collected and enforced with like charges for costs and interest, and in the same manner and with the same powers in all respects as are provided by law for the collection of taxes on real estate; provided, that the said board may, if they Proviso. shall judge the public interest to require it, apportion the said amount to be assessed as aforesaid into not exceeding five equal parts, which apportionment shall be also certified to the said assessors, who shall add one of said equal parts yearly to the annual tax of said estates adjudged to be benefited as aforesaid, but pursuant to the original assessment made as aforesaid. 15. If the said city council, upon the completion of said pur- City may operate ferry with more chase, shall adjudge and determine that instead of maintaining boatys n at re said ferry free of all tolls, it is for the best interests of said city duced rates of ferriage. that the said ferry shall be thereafter operated with more boats Ibid. ~5. and greater facilities for travel and business than are now furnished by said company, and at one cent ferriage for a foot-passenger, instead of two cents as heretofore charged, and with the other rates of ferriage thereon so reduced that the receipts of said ferry annually shall not exceed the cost of operating the same, instead of paying, as provided by the charter of said company, at least eight per cent annual dividends, then, and in such case, the said city shall thereafter maintain and operate, or cause to be maintained and operated, the said ferry, with such greater accommodations and at such reduced rates of ferriage as aforesaid, or with such other and still greater accommodations and at such more reduced rates of ferriage as the said board of aldermen may from time to time judge expedient for the purposes mentioned in the first section of this act. And the said board of aldermen, having first adjudged and determined the territory, if any, that shall be thereby specially benefited as aforesaid, may also adjudge and apportion, not exceeding one-half part of the cost of such purchase, to be assessed upon the said estates adjudged to be benefited as aforesaid, in the same manner, and with the same powers and liabilities in all respects as are hereinbefore provided respecting such assessment. 16. If the said city council, instead of adjudging to maintain City may maintain said ferry free of all tolls, as provided in section two of this act, freeyof tolls nyds shall adjudge and determine that it is for the best interests of said subsequently ap 208 FIELD DRIVERS, ETC. portion one-half of city that the said ferry shall be maintained free of tolls for a term cost of purchase of not less than ten years next succeeding said purchase, and upon estates benefited. thereafter upon such rates of ferriage as may then be adjudged by 1869, c. 155, ~6. said city, then, and in such case, the said city shall maintain and operate, or cause to be maintained and operated, the said ferry, for and during a term of not less than ten years next succeeding said purchase, free of all tolls, but in all other respects as provided by section five of this act, and may thereupon apportion, not exceeding one-half part of the cost of such purchase, upon the said estates benefited, with the same powers and under the same limitations as hereinbefore provided respecting such assessment. May collect tolls 17. The said board of aldermen shall have power at all times, foasr ll vehicles notwithstanding any of the provisions of this act, or anything done places beyond lim- by said city in pursuance thereof, to levy and collect such rates of its of city. Ibid. ~. ferriage as they shall judge expedient, for and upon all teams and vehicles passing over said ferry to or from any place beyond the limits of said city.1 FIELD DRIVERS; POUNDS AND IMPOUNDING OF CATTLE. STATUTES. 10. Persons distraining, to state de1. Pounds to be provided by towns. mand. Penalty for neglect. 11. Beasts not to be delivered until 2. Penalty for injuring pounds. costs, &c., are paid. 3. Pound keeper to be appointed. 12. Notice to be given to owner or Vacancy how filled. keeper. 4. Field drivers to take up beasts 13. Notice to be given or posted up going at large without keeper. and published in a newsBeasts going at large on paper, in case, &c. Lord's day, &c. 14,15. Sum due from owner, how 5. Beasts taken up to be im- determined. pounded. 16. If not paid, beasts to be sold. 6. Fees to field driver and pound 17. Proceeds, how disposed of. keeper. 18. Beasts escaped or rescued, may 7. Fee to be paid by owners of be retaken. beasts. 19. Penalty for rescuing beasts dis8. Beasts doing damage, may be trained. distrained. 20. Legality of distress to be tried 9. Beasts doing damage, to be im- only by replevin. pounded. 21. Rams and he goats, when not to go at large. 1 The eighth section of this act repealed the act to incorporate the Maverick Bridge Corporation, passed in 1868. FIELD DRIVERS, ETC. 209 STATUTES. 1. Each city and town shall, at its own expense, and in such Pounds to be provided by towns. places therein as the city council of the city or the inhabitants of Penaltyforneglect. the town direct, maintain one or more sufficient pounds. A city G. S.2, ~ 18. or town that for three months neglects to provide or maintain a sufficient pound, shall forfeit fifty dollars. 2. Whoever wilfully injures a city or town pound, shall be Penalty for injurpunished by fine not exceeding fifty dollars, or by imprisonment Iid.P~9. in the common jail not exceeding ninety days. 3. Each city or town shall annually appoint a suitable keeper Pound keepers. Ibid. ~ 20. of each pound therein. Whenever a vacancy occurs in the office 1864, c.174. the selectmen may appoint some suitable person to fill the same. 4. Every field driver within his city or town shall take up at Beasts going at large without any time, swine, sheep, horses, asses, mules, goats, or neat cattle, keeper to be taken going at large in the public highways or townways or on common'pG. G. S. 25, ~ 21. and unimproved lands, and not under the care of a keeper; and 21 ick.187. 23 Pick. 251. for any such cattle or beasts so going at large on the Lord's day, 12 MeIt. 18. the field driver or any other inhabitant of the city or town may 2 Gray, 180. 4 Gray, 314, 345. in action of tort recover for each beast the same fees which the I Allen, 270. field driver is entitled to receive for like beasts when distrained and impounded. 5. When beasts are so taken up and distrained by a field Beasts to be imdriver, they shall be forthwith impounded in the city or town PG.s,,d 22. pound, and the keeper shall furnish them with suitable food and cush. 263. 4 Gray,312. water while they are detained in his custody. 16 Gray. 6. The field driver shall be entitled to fifty cents per head for 6 Allen, 408. Fees of field driver horses, asses, mules, and neat cattle, and ten cents per head for and pound keeper. sheep and goats, and fifty cents for swine so taken up by him, and G. 8S.2, ~23. the pound keeper shall be entitled to four cents per head for the animals so impounded; but if more than ten sheep are taken up at the same time, the fees for all above that number shall be only one half of the above fees. 7. The pound keeper shall not deliver to the owner any beast Fees to be paid by owner of beasts. so impounded until the owner pays him his fees, the expense of G. S. ~24. keeping the beasts, and the fees of the field driver, which latter, 21' ick.i8. when received, he shall pay to the field driver. 8. When a person is injured in his land by sheep, swine Beasts doing dm. horses, asses, mules, goats, or neat cattle, he may recover his age."y be disdamages in an action of tort against the owner of the beasts, or G.S.25,~25. I Ir,,,I. 351. by distraining the beasts doing the damage, and proceeding there- Grtes..36 with as hereinafter directed; but if the beasts were lawfully on 16 Mass. 37. 4 Met. 589. the adjoining lands, and escape therefrom in consequence of the 13 Met. 407. neglect of the person, who suffered the damage, to maintain his 10Allen, 44. part of the division fence, the owner of the beasts shall not be liable for such damage. 18* 210 FIELD DRIVERS, ETC. Beasts to be im- 9. The beasts so distrained for doing damage shall be G.S. 2,e 26. impounded in the city or town pound, or in some suitable place, 17 Pick. 415. under the immediate care and inspection of the person who dis13 Met. 407. 10 Alien, 544. trained them, and he shall furnish them with suitable food and water while they remain impounded. Persons distrain- 10. If the beasts are impounded in the city or town pound, ing to tate de- the distrainer shall leave with the pound keeper a memorandum mand. G. S. 25, ~ 27. in writing under his hand, stating the cause of impounding, and 21 Pick. 587. 23 Pick. 251. the sum that he demands from the owner for the damage done 12 Met. 198. by the beasts, and also for the daily charges of feeding them; 13 Met. 407. 10 Allen, 544. and if they are impounded in any other place, he shall give a like memorandum to the owner of the beasss if demanded by him. Beasts not to be 11. The pound keeper, when the beasts are in his custody, delivered until shall not deliver them to the owner until the owner pays him his costs, &c., are paid. G. s. 25, ~ 28. fees, the sum so demanded by the distrainer for the damages and 5 cush. 263. charges aforesaid, the expense of advertising the beasts, if they are advertised, and all other legal costs and expenses. Notice to be given 12. When beasts are impounded, the person impounding to on2er or keeper. them shall, within twenty-four hours thereafter, give notice 21 Pick. 17. thereof in writing to the owner or person having the care of 23 Pick. 251. 12 et. 11S, 198. them, if known and living within six miles from the place of 7Cush.a35. impounding, which notice shall be delivered to the party or left at 2 Gray, 178. pr 3 Allen, 39. his place of abode, and shall contain a description of the beasts and a statement of the time, place, and cause of impounding. Notices to be given 13. If there is no person entitled to notice according to the or posted up, and provisions of the preceding section, the person impounding the published in a newspaper, in case, beasts shall, within forty-eight hours thereafter, cause to be posted G., ~ in some public place in the city or town, and in a public place in 12 Met. 198. each of any two adjoining cities or towns, if within four miles 3 Alien, 39. from the place where they were taken, a written notice containing a description of the beasts and a statement of the time, place, and cause of impounding them; and in such case, if the value oI the beast exceeds thirty dollars, and if no person appears to claim them within seven days after the day of impounding, a like notice shall be published three weeks successively in some public newspaper, if there is any published within twenty miles from the place of impounding, the first publication to be within fifteen days after the day of impounding. Sum due from 14. If the owner or keeper of the beasts is dissatisfied with owner, how determined. the claim of the person impounding them, he may have the Ibid. ~31. amount for which he is liable ascertained and determined by two disinterested and discreet persons, to be appointed and sworn for that purpose by a justice of the peace or by the city or town clerk; and the sum so determined by them shall be received FIELD DRIVERS, ETC. 211 instead of the sum demanded by the person who impounded the G.s. 25,~31. beasts, and they shall thereupon be delivered to the owner or keeper thereof. 15. If the sum for which the beasts are impounded and Same subject. detained is not paid within fourteen days after notice of the 1kP2c.55. impounding has been given as before directed, or after the last publication of such notice in a newspaper, the person who impounded them shall apply to a justice of the peace, or to the city or town clerk, and obtain a warrant to two disinterested and discreet persons, to be appointed and sworn by the justice or clerk, and the person so appointed shall ascertain and determine the sum due from the owner or keeper of the beasts for the damages, costs, and expenses for which they are impounded and detained, including a reasonable compensation for their own services. 16. If the sum so found to be due is not forthwith paid, the If notpaid, beasts person who impounded the beasts shall cause them to be sold by tG b. s2o~ 38 auction, in the city or town where they are impounded, first 21 Pick. 5. advertising the sale by posting up a notice thereof twenty-four hours beforehand at some public place in the same city or town. 17. The proceeds of such sale, after paying all said damages, Proceeds, how dis-n, 1 J o & *)posed of. costs, expenses, and charges for advertising and selling the Ibid. ~ 34. beasts, shall be deposited in the treasury of the city or town for the use of the owner of the beasts, in case he substantiates his claim thereto within two years from the sale. 18. If beasts lawfully distrained or impounded escape or Beasts escaped or rescued may be are rescued, the pound keeper, field driver, or other person who retakedn. distrained them, may, at any time within seven days thereafter, Ibid. 35 retake the beasts and hold and dispose thereof as if no such escape or rescue had taken place, 19. Whoever rescues beasts lawfully distrained or impounded, ienalty for rescuing beasts disfor any cause whatever, shall be liable in an action of tort, brought trailed. by any person injured, to pay all damages which such person l t^ i.. sustains thereby, and the fees and charges incurred before the 4 ass. 471. 17 Mlass. 342. rescue; and he shall also forfeit a sum not less than five nor more 17 ick. 415. than twenty dollars, to be recovered by complaint. 5 Cush.267. 20. The defendant, in an action brought for rescuing beasts Legality of distress, oo how tried. distrained or impounded, shall not be allowed to allege or give (;.s. 25, 37. in evidence the insufficiency of the fences, or any other fact or 4 Mass. 4ij. 5 Pick. 514. circumstance to show that the distress or impounding was illegal; See. s. 14i. but if there is such ground of objection to the proceeding of which he is entitled to avail himself, he may have the advantage thereof in an action of replevin. 21. If the owner of a ram or he goat suffers it to go at large Rams and ligoats wheell not to go at out of his enclosures, between the first day of July and the large. twenty-fifth day of December, he shall forfeit five dollars for;.. 25, ~ 212 FINANCE. G. S. 25, ~38. each offence, if prosecuted within thirty days next after such ram or he goat is found going at large, to be recovered on complaint in the county in which such owner lives. FINANCE. STATUTE. 7. Joint committee of finance. Interest authorized upon accounts Their appointment and duty. curresnt of cities and towns 8. Committee on the reduction of Twith baniks. the city debt. with banks. 9. City debt, what money to be applied annually to the reducORDINANCE. tion of. 1. Joint colmmittee of accounts. 10. Auditor to pass such money to How appointed. the credit of the committee, 2. Auditor of accounts. His ap- &c. pointment. Oath. Bond. 11. Committee authorized to lend Auditor pro ter., how ap- to treasurer sums not immepointed. diately wanted. 3. No money to be paid from city 12. Debts due the city to be put treasury, unless vouched, &c., into hands of city solicitor and drawn for by mayor. for suit. Proviso. 13. City officers to pay over money 4. Committee of accounts to di- to the treasurer. rect the manner of keeping 14. To lay statement before city the auditor's books, &c., and council. to pass bills. 15. Auditor to lay before city coun5. Auditor. His duty as to keep- cil a schedule of leases. Estiing books, and making com- mates of money to be raised. munications to city coun- Statement of receipts and cil, examining and casting expenditures. Account with bills, &c. To render other the treasurer. services when required. 16. Joint committee to audit treas6. City treasurer, when to urer's account. make up his accounts. Comn- 17. Certificates of debt to be signed mencement of the financial by mayor, treasurer and year. auditor. STATUTE. Interest authorized The General Statutes, chapter fifty-seven, section sixty-three, upon accounts cur- provide that banks may contract with cities and towns in this rent of cities and towns with banks. commonwealth for the payment or receipt of interest, at a rate.S. j57, ~6. not exceeding that established by law, upon an account current of money deposited with and drawn from them by said cities and towns. FINANCE. 213 ORDINANCE.1 SECTION 1. There shall be appointed in the Joint comnlit.eCof actoun!ts. HIow month of January, annually, by ballot in each appointed. Dec. 22, 185. board of the city council, a joint colmmlittee of Ja.l12,15. accounts, consisting of three on the part of the board of aldermen, and five on the part of the common council, who shall meet once a month, and as much oftener as they may deem expedient. SECT. 2. There shall be appointed in the Auditor of ccounts. His;Lpmonth of May or June, annually, by concurrent pointment. Dec. 22,182,5. ballot in each board, one able and discreet person, scpt.-10, 189. to be styled auditor of accounts; he shall continue in office until removed, or until a successor be appointed; he shall receive such compensation for his services as the city council shall authorize and establish, and may be removed at the pleasure of the city council; he shall be sworn to the faith- oath. ful discharge of the duties of his office, and give bond with surety or sureties, to be approved by Bond. the board of 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 may come into his hands, and the delivery over to his successor or to the 1 An ordinance establishing a system of accountability in the expenditure 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. An ordinance in relation to finance, passed December 28, 1854. An ordinance in addition to an ordinance on finance, passed January 12, 1855. An ordinance in relation to auditor of accounts, passed Nov. 15, 1864. An ordinance to amend an ordinance in relation to finance, passed September 10, 1869. 214 FINANACE. Dec. 22, 185. city clerk of all the books, accounts, papers, and Sept. 10, 1869. other documents and property which may belong Auditorpro tem.z; to said office. Whenever the office of auditor of how appointed. Nov. 1, 1864. accounts shall be vacant by death, resignation, or other cause, and whenever the auditor of accounts may be unable to perform the duties of his office by reason of sickness, absence, or other disability, the mayor may appoint an auditor of accounts pro tenmpore, who shall hold his office, unless sooner removed by the mayor, until the vacancy be filled by the city council, or until such disability shall cease, as the case may be. Any auditor of accounts so appointed by the mayor shall have all the powers, and be subject to all the duties which appertain to the said office, and he shall be sworn to the faithful discharge of the duties thereof; but no official bond shall be required of him unless the same be ordered by the mayor. No moneys to be SECT. 3. No money shall be paid out of the paid froml city treasury, unless city treasury, except in the cases hereinafter provouched, &c., and drawnfor by vided, unless the expenditures, or the terms of mayor. Dec.22,1825. the contract, shall be vouched 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 fol by the mayor. The mayor shall 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 Proviso. appropriations, monthly, to the city council, provided, that in all cases where it is necessary for FINANCE. 215 money to be paid in advance, for contracts made Dec. 22,1825. 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. SECT. 4. The committee of accounts shall Committee of accounts to direct the direct the auditor as to the manner in which the manner of keeping the auditor's books books, records, and papers belonging to his de- &c.,andto pass partiment shall be kept, and the mode in which all Dec. 22,182. bills and accounts against the city shall be certified or vouched; and, at least once in every month, examine, and if it sees fit, pass all bills and accounts against the city which have been certified by the auditor. SECT. 5. The auditor shall keep in a neat, Auditor: his duty as to keeping methodical style and manner, a complete set of books, and makin communications to books, under the direction of the committee of city council. Dec. 22, 1825. accounts; wherein shall be stated, among other things, the appropriation for each distinct object Seep.S1S. of expenditure, and whenever the appropriations for the specific objects have been expended, he shall immediately communicate the fact to the city council, and they shall either make a further 216 FINANCE. Cenditur ex- appropriation or withhold further expenditure for Dec. 22, 1825. such object or objects, as they may deem exining, and casting bills, &e. and accounts from persons having demands against the city, examine them in detail, cast up the same, and have them filed and entered in books, in such manner and form as the committee of accounts may order and direct. And when the auditor has 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. The To render other auditor shall also render such other services, from services, Wlhel required.' time to time, as the city council or the committee of accounts may direct. City treasurer, SECT. 6. The city treasurer shall make up his when to make up his accounts. annual accounts to the thirtieth of April; and the Commencement of tefinancialyear. financial year shall begin on the first day of May, and end on the thirtieth day of April in each year. Joint committee of SECT. 7. There shall be annually appointed a finance. Their appointment and committee of finance, consisting of the mayor, the March 10, 1834. chairman of the board of aldermen, and seven members of the common council chosen by that board; and they shall, under the direction of the city council, 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 consider and report on all subjects relating to the finances of the city. FINASNCE. 217 SECT. 8. The mayor, the president of the Committeeon the reduction of the common council, and the chairman of the joint citydebt. March 10, ]834. committee of finance on the part of the common council, shall be a committee, to be called the committee on the reduction of the city debt, and they shall cause all money 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 the auditor and the treasurer of the city shall conform to all orders in writing, in this respect, which may be made and signed by all the members of said committee. SECT. 9. All balances of money remaining in City debt. What money to be apthe treasury at the end of any financial year; all pliedanuallyto the reduction receipts in money on account of the sale of real thereof. Dec. 28,1840. estate of any description now belonging, or which Sept.10,1869. 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 by the city; all receipts in money on account of assessments for benefit or advantage to estates by reason of the laying out, widening, discontinuance, change of grade or other alteration of streets; and also of the city tax, in every year, a sum that shall not be less than three per centumr 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 are hereby, appropriated to the payment or the purchase of the capital of the city debt. 19 218 FINANCE. Auditorto pass SECT. 10. The auditor shall, annually, pass to such moneys to the credit of the the credit of the committee on the reduction of committee, &c. March10,1834. 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 author- SECT. 11. The committee on the reduction of ized to lend to treasurersums not the city debt are hereby authorized to lend on immediately wanted. interest to the treasurer of the city any amount so passed to their credit as aforesaid, which may not be immediately wanted for the purchase or redemption of said debt. Debts due the city SECT. 12. In all cases where specific provision to be put in hands of citysolicitorfor is not now made, either by the laws of the suit. Feb. 23,1835. commonwealth or by the ordinances of the city, for the collection of debts due to the city, whether for the principal or interest of any note or bond, or arising from any assessment, contract, or account, or in any other manner whatsoever, if the party owing such debt does not, within sixty days after demand made, pay the same, such claim of the city shall be placed by the treasurer or the auditor of accounts, as the case may be, in the hands of the city solicitor, who shall forthwith put the same in suit; provided, however, that where, in the judgment of the mayor, the interests of the city so require, he may direct any debt due to the city to be put in suit at any time after the same may become due. FINANCE. 219 SECT. 13. The city clerk, the auditor of Cityofficerstopay >u over money to the accounts, the chief of police, the weighers of treasurer July 27, 1835. hay, and the city registrar, shall respectively pay over to the city treasurer, as often at least as once in three months, all money belonging to the city, which they have received, and all other officers authorized to collect such money shall pay the same over to the said treasurer as soon as it has been collected. SECT. 14. The city clerk, the auditor of ityofficersto lay statement of accounts, the chief of police, the weighers of moneyreceived before city council. hay, the city registrar and the superintendent Ibid. of Faneuil Hall Market, shall respectively, as early as may be in the months of February, May, August, and November, in every year, lay before the city council a statement of the whole amount of money 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. The auditor of accounts shall lay Auditor tolaybefore city council a before the city council, annually, in the month of schedule of,ases. July 27,1835. May, a schedule of all the leases of the city Sept.10,1869 property, specifying severally the names of the lessees, the rates of rent, and the periods when the leases will terminate. He shall also, in the Estimatesof money to be raised. month of February, annually, lay before said council an estimate of the amount of money necessary to be raised for the ensuing year under 220 FINANCE. July 27, Ii. the respective heads of appropriation, and shall, Sept. 10, 1869. on or before the first day of July, annually, make and lay before said council a statement of all the Statement of re- receipts and expenditures of the past financial ceipts and expenditures. year, giving in detail the amount of appropriation and expenditure 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 shall be arranged, as far as practicable, so as to conform to the accounts of the city and county treasurer; and said statement shall be accompanied by a schedule of the property belonging to the city, and also by an exhibit showing the debts due by the city, the rates of interest thereon, and the years in which the same will become due. Joint committee to SECT. 16. There shall be appointed annually audit treasurer's accounts, &. a joint committee, consisting of two on the part Ibid. of the board of aldermen and three on the part of the common council, who shall 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. Certificates of debt SECT. 17. Whenever the city treasurer is authorizgn ed bythe city council to borrow mo mayor, treasurer, authorized by the city council to borrow money FIRE. 221 and give certificates of indebtedness therefor, and auditor. /Ir I Sept. 10, 1869. such certificates shall be signed by the mayor, the city treasurer and the auditor of accounts; and the said certificates shall be registered in the offices of the city treasurer and the auditor of accounts. FIRE. STATUTES. 12. Embezzling, &c., of property, 1. City council may establish a at a fire, to be deemed larfire department. May make ceny. provisions respecting the 13. Injuring fire engines, penalty same. Appointment of en- for. ginemen, &c., to be made by 14. Engineers may require and mayor and aldermen. compel assistance. Penalty 2. Powers, &c., of city council may for disobeying. be exercised by means of any 15. Bonfires not to be made. Penboard, &c. alty for making. 3. Engineers, &c., to have the 16. False alarms of fire, how punpowers and duties of fire- ished. wards. To examine places 17. Cocoa not to be roasted except where shavings, &c., are col- in licensed buildings. Penlected, &c. Ordinances may alty. be made, &c. 18. Tar kettles and other boilers, 4. Exemptions of members of fire how to be constructed. Pendepartment. alty. 5. City council may appropriate 19. Penalty for carrying fire through money for relief of members the streets, &c., smoking injured, &c. pipes, cigars, &c. 6. Disabled firemen, city of Bos- 20. Penalty for having lighted ton authorized to expend pipe, cigar, candle, &c., in annually $1,000 for relief any rope-walk, barn, &c. of. 21. Recovery of penalties. Duty 7. Engineers shall attend at fires. of engineers to prosecute. 8. Engineers, &c., may order 22. Gun-cotton, and otherlike subbuildings to be pulled down, stances, power to regulate &c. the keeping of. 9. Engineers, &c., may command 23. Camphene, city council, &c., assistance. may make rules in relation 10. Engineers may give orders to to storage and sale of. enginemen and others, &c. 24. Fireworks not to be kept withPenalty for not obeying. out license. 11. Owners of buildings, &c., 25. Penalty. pulled down, to be indemni- 26. Fire clubs not to be established, fled, except, &c. unless. &c. 19* 222 FIRE. 27. Penalty for joining without 9. If absent, engineer next in rank permission. shall execute his duties. 28. Provisions of two preceding 10. Engineers shall report to the sections to be in force only aldermen names of persons where, &c. who do not obey orders at 29. Cutting, &c., bell rope, engine, fires. &c., preceding a fire, how 11. Three engineers may order punished. buildings to be demolished. 30. Cutting, &c., same at a fire, 12. Engineers shall examine places how punished. for combustible materials, and 31. Stealing property in a building cause them to be removed. on fire, or removed therefrom, Penalties for not removing or how punished. for obstructing the removal. 32. Jury of inquest may be called. Engineers shall examine 33. Oath of jurors. buildings containing steam 34. Witnesses to attend. engines, and buildings being 35. Oath of witnesses. erected or altered. Shall 36. Testimony, how taken. prosecute for all infractions 37. Inquisition, how filed. of any laws or ordinance. 38. Fees and expenses. 13. Gunpowder, all powers relating ORDINANCE. to the keeping and transporta1. Fire department shall consist tionof shall be exercised by of engineers,he engiemeeers. hosemen, hook and ladd 14. Fines and penalties shall be hosemen, hook and ladder men, and others. paid into city treasury, 2. Chief and other engineers to except, &c. be chosen annually tenure 15. Members of the fire department of office, vacancy, and cor- shall be twenty-one, citizens pensation. voters. 3. Organization of board rank of 16. All members shall sign agree3. Organization of board; rank of engineers; election of secre- ment to obey all ordinances and rules and regulations. tary; his tenure of office; and rules and regulations. compensation; to be sworn 17. Engineers to report to mayor and give bontd. sonnames of persons who ought to be removed, and recom4. Meetings of the board; may to be rmoved, and reconmake rules and regulations men persons to ill acanfor the board and for the de- ces. partment; have the care of 18. Members may be removed by all fire apparatus; their gen- the mayor excepting engieral powers and duties. neers, superintendent of the 5. Secretary of board shall keepfire alarms and his assistaccount of appropriations andants. expenditures, &c. 19. Names of persons removed and 6. Engineers, powers and duties the cause to be entered on at fires. Assistant engineers records of engineers, and to report their absence from copy sent to board of alder fires. men. 7. In case of fires in adjoining 20. Compensation of members. towns. When absent may procure a 8. Chief engineer to have sole substitute. command; his powers and 21. Members shall not assemble in duties. engine houses, except, &c. FIRE. 223 22. Members who neglect their du- 39. Duties of all members of the ties, or are disorderly, to be fire department in case of dismissed. fire. 23. Members serving seven years, 40. When appointed, subject to all may have a certificate, may duties, rules, and regulations. wear the badge, and perform Vacancies to be filled. duty. 41. All members of the fire depart24. Different companies to be ment to wear badges. formed by the board of alder- 42. No uniform, except badges and men. insignia prescribed, to be 25. Members to be paid quarterly, worn. except, &c. 43. No company shall appoint or 26. Engine companies to have fore- discharge members. man, engineman, fireman, 44. No company shall attend fires driver, and eight hosemen. out of city, unless ordered by Their duties. engineers, nor go out of the 27. Hose companies to have fore- city for any other purpose. man, driver, and eight hose- 45. Clubs, &c., prohibited, except, men. Their duties.&c. 28. Hook and ladder companies to 46. Fines shall not be imposed by have three or more each of companies. Deductions from axemen and rakemen. pay for absence. Absence, 29. Engineers to make regulations &c., cause for discharge. respecting driver and steward 47. Vacations may be granted. of hook and ladder compan- Substitute may be appointed. ies. 48. Police to give alarm, how. 30. Engine, hose, and hook and Penalty for not doing it. ladder companies each to 49. Police, selected for the purpose, have foreman and clerk, and shall repair to fires. Their last company an assistant duties. foreman. How to be ap- 50. Fire-alarm telegraph, commitpointed. tee of to be appointed. 31. Engineman, his duties and re- 51. They shall have care of the sponsibilities. rooms, apparatus, &c., of fire32. Foreman of engine, his duties alarm telegraph. Their and powers. powers and duties. 33. In absence of foreman of any 52. Superintendent of fire-alarm company, assistant foreman, telegraph to be elected; &c., to perform his duties. tenure of office; compensa34. Fireman to be under the imme- tion. diate direction of the engine- 53. His duties. man. 54. Rules and regulations of fire35. Drivers, their duties. alarm telegraph. 36. Clerks to keep rolls, records 55. May be altered by committee, of absences, property in care &c. of company, and make re- 56. Signal boxes not to be opened ports. or injured. 37. Hosemen, axemen, rakemen, 57. Penalty for breach of ordinance. their duties. 38. Engineers may permit a mem- RULES OF ENGINEERS AND ALDERber to sleep in hose house,EN. &c. 1. Firemen to wear badges. 224 FIRE. 2. Badge not to be loaned. 5. Disorderly firemen to be dis3. Unauthorized persons not to missed. have badge. 6. Substitutes, how many. 4. When badge is lost. 7. How appointed. STATUTES. City council may 1. The city council of the city of Boston may establish a fire establish a fire department. department for said city, consisting of so many engineers and 1850, c. 262, ~. other officers, and so many enginemen and other members, as the city council, by ordinance, may from time to time prescribe; May make provi- and said city council shall have authority to make such provisions respecting the same. sions in regard to the time and mode 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 Appointment of at fires, subject to the penalties provided for the breach of the enginemena &C., to be made by city by-laws, as they shall deem expedient; provided, that the mayor and alder- appointment of enginemen, hosemen, and hook and ladder men men. Ibid. shall be made by the mayor and aldermen exclusively. Powers, &c., of city 2. The powers and duties mentioned in the preceding section, council may be exercisedby means or any of them, may be exercised and carried into effect by the of any board, &c. said city council, in any manner which they may prescribe, and through the agency of any persons, or any board or boards to whom they may delegate the same. Engineers, c., to 3. The engineers or other officers of the department, so aphave the power andduties offire- pointed as aforesaid, shall have the same authority, in regard to wrds. the prevention and extinguishment of fires, and the performance Ibid. ~3. ta8pe n of the other offices and duties now incumbent upon firewards, as are now conferred upon firewards by the revised statutes, or the special acts relating to the city of Boston now in force. They Toexamine places shall also have authority, in compliance with any ordinance of where shavings, &c., are collected, said city, to make an examination of places where shavings and bd. other combustible materials are collected or deposited, and to require the removal of such materials, or the adoption of suitable Ordinances may be safeguards against fire. And said city council are hereby authormade, &c. ized to make suitable ordinances upon this latter subject-matter, under the penalties enacted in the city charter. 1 The seventh section of this act (chap. 262, 1850), provided that it should not operate upon existing laws and ordinances relating to the fire department of Boston until it was adopted by the city council. The city council adopted it June 4, 1850. FIRE. 225 4. All officers and members of the fire department shall be Exem.ptions of exempted from military duty, by forthwith filing with the assessors, c. 50 62, ~ 4. of the city a certificate that they are enginemen, or members of G. S. 132, ~2. the fire department, signed by the mayor and aldermen; or from 1866,c.21,~ 1. serving as jurors, or constables, during the time of their employment in said department. 5. The city council aforesaid are hereby authorized, whenever, city council may and as often as they shall deem it expedient, to appropriate any appropriatef mone for relief of memsum or sums of money, in the way that may be judged by said bersinjured,&c. 1850, c. 262, ~ 5. city council most advisable, for the relief or indemnity of any 1854, c. 375. officer or member of the fire department, who may sustain corporal injury, or contract sickness in the discharge of his duty, or consequent thereon.1 6. By an act passed April 27, 1854, and accepted by the city city of Boston council February 3,1855, the city of Boston was thereby authorized petd inne tly to expend a sum not exceeding one thousand dollars annually, $1,000 forreliefof disabled firemen. under the direction of the city council, for the relief of such 1854,. 37,;. firemen as shall have been disabled in the service of the said city, and for the relief of the families of such firemen as have been killed in the performance of their duties. 7. When a fire breaks out the engineers shall immediately Engineers shnll repair thereto, and shall carry a suitable staff or badge of their aGte.2fl4,3. office. 1850, c. 262, ~ 3. 8. The engineers, or any three of them present at a place in Engineers, &c., may order buildimmediate danger from fire, or in their absence two or more of the ings to be pulled civil officers present, or in their absence two or more of the chief down, &e. G. S. 24, ~ 4. military officers of the place present, shall have power to direct 1850, c. 262, ~ 3. the pulling down or demolishing of any such house or building as Cenh.2f09. they shall judge necessary to be pulled down or demolished, in order to prevent the further spreading of the fire. 9. Engineers or other officers may, during the continuance of Engineers, &c., n * *i f r' * * i - * may command a fire, require assistance for extinguishing the same, and removing assistance furniture, goods, or merchandise from a building on fire or in dan- G. s. 24 ~ 8. 1850, c. 262, ~ 3. ger thereof; and may appoint guards to secure the same. They may also require assistance for pulling down or demolishing any house or building when they judge it necessary; and may suppress all tumults and disorders at such fire. 10. They may direct the stations and operations of the en- Engineersmay ginemen with their engines, and of all other persons for the pur- give ordersnto enginemen and pose of extinguishing the fire; and whoever refuses or neglects others, &c. Z!) bey sch o~dles 1S60, c 262, 3G. S. 24, ~ 7. to obey such orders shall forfeit for each offence a sum not 10, c.262, ~3. exceeding ten dollars. 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. 226 FIRE. Owners to be in- 11. If such pulling down or demolishing of a house or builddelnified, except, ing is the means of stopping the fire, or if the fire stops before G. S.24,~5. it comes to the same, the owner shall be entitled to recover a 1850,. 22, ~ 3 reasonable compensation from the city or town; but when such 8 Met. 462. 5 Cush. 269. building is that in which the fire first broke out, the owner shall ll Cush. 433. receive no compensation. Embezzling, &c., of 12. Whoever purloins, embezzles, conveys away, or conceals, property, at a fire, to be deemed any furniture, goods, or chattels, merchandise or effects of persons larceny. whose houses or buildings are on fire or endangered thereby, and G. S, 24, ~ 8. does not within two days restore or give notice thereof to the owner, if known, or if unknown, to one of the firewards, mayor and aldermen, or selectmen of the place, shall be deemed guilty of larceny. Penalty for injur- 13. Whoever wantonly or maliciously injures a fire engine Ibid. ni~2.8" 0 or the apparatus belonging thereto, shall be punished by a fine not exceeding five hundred 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 as the court shall order. Engineers may r- 14. It shall be lawful for any one or more of the engineers quire and compel assistance. aforesaid to require and compel the assistance of all or any of the 1817, c.171, ~ 13. inhabitants of the city; and any other persons who shall be 1850, c. 262, ~ 3. present as spectators of any fire; and in any suit or prosecution therefor, it shall be lawful for them to plead the general issue, and See 1852,c.312, ~12. give the statute in evidence; and if any persons shall disobey the Penalty for disobeying. lawful and reasonable command of any engineer or engineers, to aid in extinguishing such fire, or in rescuing property from deSee~21,post. struction thereby, such person, so offending, shall be liable to a fine not exceeding twenty dollars, to be recovered in the manner provided in the twenty-first section. Bonfires, penalty 15. Whoever is concerned in causing or making a bonfire for making, G. S. 1, ~2. within ten rods of any house or building, shall be punished by fine not exceeding twenty dollars, or by imprisonment not exceeding one month. False alarms of 16. Whoever, without reasonable cause, by outcry or the ed h~ 1punised. ringing of bells, or otherwise, makes or circulates, or causes to be Ibid. ~ 13. made or circulated any false alarm of fire, shall be punished by fine not exceeding fifty dollars. cocoa not to be 17. If any person or persons shall, within the city of Boston, roasted exceptin roast, or cause to be roasted, any cocoa, for the purpose of manulicensed buildings. Penalty. facturing the same into chocolate, in any building whatever, 1817, 0. 171, ~ 6. 810 c 262 excepting such as may or shall be licensed for that purpose by the 1850, c. 262, ~ 3. n 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. FIRE. 227 18. Every tar kettle which shall be made use of in the city for Tar kettles and the purpose of boiling tar for the use of any rope-walk, and every other boilers, htow kettle, boiler, or copper for the use of any caulker, graver, ship 1817, c. 171, ~ 9. 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 fireplace 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 forfeit and pay a sum not exceeding three Penalty. hundred dollars nor less than fifty dollars, according to the degree and aggravation of the same. 19. Every person who shall carry any fire through the streets, Penalty for carry ing - fire through lanes, or on any wharves in the city, except in some covered te streets, &c., vessel, or who shall kindle a fire in any of the places aforesaid smoking pipes, cigars, &c. without the permission therefor in writing of one or more of the 1317, c. 171, ~10. engineers aforesaid, or shall smoke or have in his or her posses- 1S50, c262,~ 3 sion any lighted pipe or cigar 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. 20. If any person shall have in his or her possession in any Penalty for having lighted pipe, cigar, rope-walk, or in any barn or stable within the city, any fire, candle, ce., in any lighted pipe, or cigar, lighted candle or lamp, except such candle rope-walk, barn, or lamp is kept in a secure lantern, the person so offending shall 1817, c. 171, ~ 11. forfeit and pay for each offence a sum not exceeding one hundred 12 Met. 231. dollars, nor less than twenty dollars. 21. All and any of the penalties which are given in and by Recovery of penalthe fourteenth, and the four preceding sections, may be recovered ties. 1 12 by indictment, information, or complaint, in any court proper to try the same; and in such indictment, information, or com- G. s. 171, ~ 16. plaint, it shall not be necessary to set forth any more of said 3 Pick.462. sections than so much thereof as relates to and is necessary truly and substantially t to describe the offence alleged to have been committed. And it shall be the duty of each and every Duty of engineers to prosecute. one of said engineers, and they and each of them are hereby re- G. S. 164, e2. quired to inquire after all offences which shall come to their S0, c. 202, ~ 3. knowledge, and which shall be committed against the true intent and meaning of said sections, and shall cause the same to be duly prosecuted. 22. By an act passed March 6, 1847, and re-enacted in the Gun-cotton, and General Statutes, the inhabitants of any town and the govern- othe likesub 228 rIRE. stances, power to ment of any city in this commonwealth may order that no gunrgufte thekeep- cotton, or other substance prepared like it for explosion, shall G. S. 88, ~48. be kept within the limits of such town or city, excepting under 18, c the regulations and penalties 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. Camphene, city 23. The inhabitants of any town and the city council of any council, &c., may make rulesinrela- city in this commonwealth may make and adopt such rules and tion to storage and regulations in relation to the storage and sale, within the limits sale of. sae G. s. 88, ~ 5i. of such town or city, of camphene, 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.' Not lawful to keep 24. It shall not be lawful for any person or persons to keep fireworks without license. or sell any fireworks within the city of Boston, in any quantity, 1853, c. 154, ~ 1. without first having obtained from the chief engineer of the fire department of said city a license therefor, signed by the chief engineer or by the secretary of the board of engineers, on which shall be written or printed a copy of the rules and regulations by them established relative to the keeping, selling, or storage of fireworks within said city; and every such license shall be in force until the first day of May next ensuing the date thereof, unless sooner annulled by the board of engineers, and no longer; but such license may, prior to tle expiration of that term, be renewed by the chief engineer or the said secretary, from year to May be rescinded. year, by indorsement thereon; provided, always, that the board of engineers may rescind any such license, if in their opinion the person or persons have disobeyed the law or infringed on any rules or regulations established by the board of engineers; and every person who receives a license to sell fireworks as aforesaid shall pay for the same the sum of one dollar, and the same sum for the renewal thereof, and all such licenses shall expire on the first day of May annually, and all moneys received for licenses shall be paid to the board of engineers, for the purpose of defraying the expenses of carrying this act into execution. Penalty. 25. Any person or persons who have for sale, or keep in posIbid. ~2. session, any fireworks within the city of Boston contrary to the rules and regulations established by the board of engineers herein mentioned, or who shall sell any fireworks in said city without first having obtained from the said chief engineer or his secretary a license as aforesaid, shall forfeit a sum not less than fifteen nor more than fifty dollars for each offence. 1 See petroleum, post; also, gunpowder. FIRE. 229 26. No association,1 society, or club organized as firemen, shall Fireclubs nottobe established, unless, be allowed in any city or town except by the written permission &c of the mayor and aldermen or selectmen. G. S. 24, ~49. 27. Whoever joins, belongs to, or assembles with such asso- Penalty for joining without permisciation, society, or club, existing without such permission shall ion be punished by fine not less than five nor more than one hundred Ibid. ~o0. dollars, or by imprisonment in the house of correction for a term not exceeding three months. 28. The provisions of the two preceding sections shall be in Two preceding sections to be in force in those cities and towns only which have adopted or may force only where, adopt the same. &c. G. S. 24, ~ 51. 29. Whoever, within twenty-four hours prior to the burning cutting, &c., bell of a building or other property, wilfully and maliciously cuts or rope engine, &c.,'-0In~~~~~~~~~~~~~~~ L l. j within twenty-four removes any bell rope in the vicinity of such building or property, hours of fire. or cuts, injures, or destroys any engine or hose or other apparatus Ibid. 11, ~.8 belonging to an engine in said vicinity, shall be deemed guilty of the burning, as accessory before the fact, and be punished accordingly. 30. Whoever, during the burning of a building or other Cutting same, at time of fire, or preproperty, wilfully and maliciously cuts or removes any bell rope venting alarm or in the vicinity of such building or property, or otherwise pre- extinguishing fire. Ibid. ~ 9. vents an alarm being given, or cuts, injures, or destroys an engine or hose or other apparatus belonging to any engine in said vicinity, or otherwise wilfully and maliciously prevents or obstructs the extinguishing of any fire, shall be deemed guilty of the burning, as accessory after the fact, and be punished by imprisonment in the state prison not exceeding seven years, or in the jail not exceeding three years, or by fine not exceeding one thousand dollars. 31. Whoever steals in a building that is on fire, or steals any Stealing at a fire. Ibid. ~ 16. property removed in consequence of an alarm caused by fire, shall See c. 11, ~ 14. be punished by imprisonment in the state prison not exceeding c 120, ~41. five years, or by fine not exceeding five hundred dollars, and imprisonment in the jail not exceeding two years. 32. When property is destroyed by fire, and a complaint, within Jury of inquest to be called. thirty days thereafter, is subscribed and sworn to by any person s67, c. 303,~1. before any police court, or any municipal court, or any trial justice, alleging that reasonable grounds exist for believing that the fire was caused by design, and a majority of the mayor and aldermen or selectmen of the city or town respectively in which said property is situated certify in writing, that in their opinion, 1 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. 20 230 FIRE. 1867. c. 303, ~1. the same is a proper case for investigation, such court or justice shall forthwith issue a warrant to a constable of the place where the property was destroyed, requiring him forthwith to summon six good and lawful men of the county to appear before the court, or justice, at a time and place expressed in the warrant, to inquire when and by what means the fire originated; which warrant shall be served and returned in the manner prescribed in section three, of chapter one hundred and seventy-five of the General Statutes; and the constables and jurors shall be subject to the penalties therein specified for similar neglects. If any person so summoned does not appear, the constable shall, by order of the justice or court, return some person from the by-standers to complete the number. Oath of jurors. 33. The justice or court shall, in view of the' spot on which the bid ~ property was destroyed, administer to the persons thus summoned or returned the following oath: "You solemnly swear, that you will diligently inquire and true presentment make, on behalf of this commonwealth, when and by what means the fire which has here occurred was caused, and that you will return a true inquest according to your knowledge and such evidence as shall be laid before you. So help you, God." witnesses to at- 34. The justice or court may issue subpoenas for witnesses tbid returnable forthwith at a time and place therein set forth. Their attendance may be enforced in like manner as if they had been subpoenaed in behalf of the commonwealth. Oath of witnesses. 35. An oath to the following effect shall be administered to Ibid. ~4. such witnesses: " You solemnly swear, that the evidence which you shall give to the inquest, concerning the origin of the fire of which inquiry is now to be made, shall be the truth, the whole truth, and nothing but the truth. So help you, God." Testimony, how 36. The testimony shall be reduced to writing by the presidtaken. Ibia.. ing justice, or some person by his direction, and subscribed by the witnesses. Inquisition, how 37. The jury, after hearing the testimony and making all needbi.ed~. ful inquiry, shall draw up and deliver to the justice or court their Ibid. ~ 6. inquisition under their hands, in which they shall find and certify when and by what means the fire was caused; and said inquisition and testimony thus subscribed shall, within one week thereafter, be filed by the magistrate with the clerk of the courts for the county, or in the county of Suffolk with the clerk of the municipal court. Fees and expenses. 38. The fees of the magistrate, and the expenses of the inquisiIbid. ~ 7. tions, shall be the same, and be returned, audited, certified and paid in like manner as is provided for coroners' inquests. FIRE. 231 ORDINANCE.1 SECTION 1. The fire department shall consist Firedepartment to consist of engiof a chief engineer, thirteen assistant engineers,eer foreen, enginemen, &c. of whom two shall be residents of East Boston, g. 2, 181. and of as many foremen, enginemen, hosemen, and hook and ladder men, and other persons, who shall be divided into companies, as the number of engines and the number and quantity of other fire apparatus belonging to the city, shall from time to time require. SECT. 2. There shall be elected annually, on Chiefand other engineers to be the first Monday in February, or within sixty electe annually; Yv~~~~~~~ w"v tenure of office; days thereafter, by a concurrent vote of the two vaanc;ompensation. branches of the city council, a chief engineer and eAug.22 0,l8'6 Feb. 26, 1869. thirteen assistant engineers, of whom two shall be residents of East Boston; they shall hold their office for one year from the first Monday of April in the year in which they are elected, and, unless sooner removed, until their successors shall be elected and qualified. They may be removed at the pleasure of the city council, and all vacancies for the unexpired term may be filled at any time. They shall receive such compensation as the city council may from time to time determine. SECT. 3. On the first Monday of April, an- Organizationof board; rank of nually, the chief and assistant engineers shall engineer; election of secretary; his meet and organize themselves as a board of tenureofoffice; compensation, to 1 An ordinance in relation to the fire department, passed August 20, 1861, and amended November 26, 1861; May 1, 1866, February 26, 1869; September 10, 1869. 232 FIRE. besorn and give engineers. The chief engineer shall preside at bonds. Aug. 20, 181 said meeting, and at all meetings of the board, when present, but in his absence the senior assistant engineer in service present shall preside, and their seniority in rank, and all questions relative thereto, shall be determined by the board of aldermen. The board of engineers may recommend to the city council some person to be elected secretary of said board, and the city council shall, on the first Monday of April, or within thirty days thereafter, by concurrent vote, elect a secretary, who shall hold his office for one year from the first Monday of May in the year in which he is elected, and unless sooner removed, until his successor shall be elected and qualified. He may be removed, and a vacancy may be filled as provided for in the case of the engineers, in the second section of this ordinance. He shall receive such compensation as the city council may from time to time determine. He shall be sworn, and give bond with surety for the faithful performance of his duty, in such sum as the board of aldermen may direct. Meetings of the SECT. 4. The engineers shall, at such times as board; quorum. Ibid. they may by their by-laws determine, hold such meetings as may be necessary for the prompt transaction of all business coming before them, and a majority of the whole board shall be necesRules andorders sary to constitute a quorum. They may make such for the board. ibid. rules and orders for their government as a board of engineers as they may see fit, subject to the approval of the board of aldermen. They shall be responsible for the discipline, good order, and FIRE. 233 proper conduct of the whole department, both Au. 20,1861. officers and men, and for the care of all houses, engines, hose-carriages, hook and ladder carriages, horses, furniture, and apparatus thereto belonging. They shall have the superintendence and control P.oers and duties. Ibid. of all the engine and other houses used for the purposes of the fire department, and of all the horses, 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 regula- Rules and reguations for the detions for the better government, discipline, and parment, c. good order of the department, and for the extinguishment of fires, as they may from time to time think expedient; - such rules and regulations not being repugnant to the laws of this commonwealth, nor to any ordinance of the city, and being subject to the approval of the board of aldermen, To be approved by aldermen, &c. and to alteration or revocation by them at any Ibid. time. SECT. 5. The secretary of the board of engi- Secretary shall act as clerk, &c. neers shall perform the ordinary duty of clerk of Ibid the board, and such other duties as the board of aldermen or the chief engineer may from time to time direct; and also such other duties as the board of engineers, by their rules and orders, to be approved by the board of aldermen, may from time to time determine. He shall keep an a nt eepccount Keouof appropriations and of the appropriations made by the city council for expeditures, &. the use of the fire department, and of the expenditures on account of the same, and shall compare 20* 234 FIRE. Aug. 20,1861. his account monthly with the auditor's books, and see that the expenditures of the fire department do not at any time exceed the amount of the appropriations at its disposal. He shall also keep a separate account of the expenses of each engine, hose-carriage, and hook and ladder carriage, and of the horses, furniture, and apparatus thereto belonging, and all other incidental expenses, and shall present to the city council, in the annual report of the chief engineer, full and detailed statements thereof. Engineers, powers SECT. 6. The said engineers, whenever a fire and duties at fires. Aug. 20, 186. breaks out in the section of the city to which they Sept. 10, 1869. are assigned for duty, shall immediately repair to the place of such fire, and carry with them a suitable staff or badge of their office; they shall take proper measures that the several engines and other apparatus be arranged in the most advantageous situations, and duly worked for the speedy and effectual extinguishment of the fire; Maycompelassist- they shall require and compel assistance from all ance from all persons. persons, as well members of the fire department Aug. 20,1861. as others, in extinguishing the fire, pulling down May demolish or demolishing any house or building if occasion buildings. Ibid. require, in suppressing all tumults and disorders, removing furniture, goods, or other merchandise from any building on fire, or in danger thereof, and shall appoint stewards to secure the same. They shall also 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. The assistant engineers shall report their absences from fires to the chief FIRE. 235 engineer at the regular monthly meetings of the Aug.20,1861. board, with the reasons therefor, and he shall keep a record of the same, and, once in every three months, and oftener if required, make a report thereof, stating all the facts, to the city council. In the absence of the chief engineer, the secretary shall make said record and report. SECT. 7. Whenever any fire occurs in either riresoutofthe city. of the adjoining cities or towns, only such and so Ibid. many of said engineers shall repair thither as may have been previously designated for such purpose by the chief engineer. SECT. 8. The chief engineer shall have the Chiefengineer, sole command at sole command at fires, over all the other engineers, ie and all officers and 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, Powersandduties of chief engineer. preservation of order, and observance of the laws, Aug.,201861. ordinances, and regulations respecting fires; and it shall be the duty of said chief engineer to examine into the condition of the engines and all other fire apparatus, and the horses connected therewith, and of the engine and other houses belonging to the city, and used for the purposes 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 board of aldermen, or by the committee of the board of aldermen on the fire department. Whenever the engines or other fire apparatus, used by the fire department, 236 FIRE. Aug.20,1861. 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. The chief engineer shall also 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; and he shall keep fair and exact rolls of the respective companies, specifying the time of admission and discharge, and the age of each member. He shall also critically examine all the bills and accounts against the fire department, and certify, in writing, to the correctness of each item thereof before sending them to the auditor's office for payment. He shall annually, in the month of January, and oftener if requested, report to the city council an account, prepared by the secretary of the board of engineers as hereinbefore provided, of the condition of the engine houses, engines, fire apparatus, and other property under his charge; of the income and expenditures of the fire department for the whole of the previous year, specifying particularly the expenditure on each engine, hose-carriage, and hook and ladder carriage, and of the horses, furniture, and apparatus connected therewith, as required in section five of this ordinance, together with the names of the officers and members of the various companies; his report shall also give the number and location of the fire-alarm stations; the number of fires since his last report, the causes thereof, and the extent of damage as near FIRE. 237 as can be ascertained; a general description of Aug. 20,1861. the buildings and property destroyed or injured since his last report, together With the names of the owners or occupants; the amount of insurance, if any; all accidents by fire which have happened within the city, with such other information or suggestions as may in his opinion be of general use; and such report shall be published as the city council may direct. SECT. 9. In case of the absence of the chief Whenchief engineer is absent next engineer, the engineer next in rank who may inankttoact. Ibid. be present shall execute the duties of his office with full powers. SECT. 10. The engineers shall report to the Engineers tore- 1 port persons who board of aldermen the name of every person, diobeyorders. not a member of either of said companies, who may, contrary to law, refuse or neglect to obey any orders of any engineer, given at any fire. SECT. 11. Whenever it is adjudged at any fire, Bildingsmay be demolished. by any three or more of the engineers present, of Ibid. whom the chief engineer, if present, shall be one, to be necessary, in order 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. 12. The engineers shall inquire for, and Engineers shall search for combusexamine into, all shops and other places where tibles and cause their removal. shavings or other such combustible materials are eg. 2 1 collected or deposited, and report at the regular monthly meeting of the board, the condition in 238 FIRE. Aug. 20,1861. this respect of the district to which they are Sept. 10, 1869, assigned; and whenever, in the opinion of any two of them, the same may endanger the security of the city from fires, they shall direct the tenant or occupant of said shops or other places to remove such shavings or other combustible materials; and, in case of such tenant's o occupant's neglect or refusal so to do, they shall cause Tenant,&c.,liable the same to be removed at the expense of such to penalty for not Areoving, &l. tenant or occupant, who shall, in addition, be liable to a penalty of not less than two nor more than fifty dollars for such neglect or refusal; and any person who shall obstruct the engineers or any of them in carrying out the provisions of this section, shall also be liable to a penalty of not less than two nor more than fifty dollars. The Buildingsin which said engineers shall also take cognizance of steam engines are used, andother all buildings in the city in which any steambuildings to be examined. engine is used, and of all buildings in the city in process of erection or alteration, and make a record of such as in their judgment may, from any cause, be dangerous, and forthwith report the same to the board of aldermen. The said wooden buildings, engineers shall also cause prosecutions to be prosecutions relatingto. instituted in all cases of infraction of the laws Ibid. relative to the erection of wooden buildings, or of any other laws or ordinances in relation to the fire department, or for the prevention of fire within the limits of the city. Gunpowder, SECT. 13. The power of making and establishpowers relating to, to be eisedby ing rules and regulations for the transportation engineers. Ibid. and keeping of gunpowder within the city of Boston, and of granting licenses for the keeping FIRE. 239 and sale thereof in the city, according to the Aug.20,1861. provisions of an act entitled "An act further regulating the storage, safe-keeping, and transporta i'ol of gunpowder in the city of Boston,"1 and of any other act or acts on the same subject, shall be exercised and performed by the chief and assistant engineers, and the power and duty of seizing any gunpowder kept or being within the city or harbor, contrary to the provisions of the said act or acts, shall be. exercised and performed by the said engineers or any of them; and in case of any seizure being made by any engineer other than the chief, he shall forthwith report the same to the chief engineer, and the chief engineer shall cause all gunpowder which may have been seized as aforesaid to be libelled and prosecuted in the manner prescribed in the said acts; and all the other powers and duties granted and enjoined in and by the said act or acts shall be performed by the said chief or one of the assistant engineers. SECT. 14. All moneys received for fines, Finesandpenalties to be paid to forfeitures, and penalties arising under this ordi- city treasurer,except, &c. nance or the laws of this commonwealth, regu- Ibid. lating the storage and transportation of gunpowder, or the erection of buildings within the city of Boston, or the prevention and extinguishment of fire, unless it is 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.2 1 Act of 1813, c. 143; 1833, c. 151; 1837, c. 99; 1841, c. 58; see gunpowder. 2 See gtnpoouder, where provision is made for the disposition of fines, forfeitures, and penalties. 240 FIRE. Qualificationstobe SECT. 15. No person under twenty-one years members of the fire department of age, and no person who is not a legal voter in Aug. 20, 1861. the city of Boston, shall be an officer or member of the fire department. Members shall sign SECT. 16. Every officer and every member of agreement. Ibid. the fire department shall sign the following agreement, to be deposited with the board of engineers: "I, A B, having been appointed a member of the Boston fire department, hereby signify my agreement to abide by all the ordinances of the city council, and the rules and regulations of the board of aldermen and of the board of engineers relating thereto." And any officer or member who shall neglect or refuse to sign the same, shall not be entitled to any compensation whatsoever. Engineers toreport SECT. 17. The board of engineers shall report persons for removalandto fill from time to time to the mayor the names of such vacancies. Ibid. officers or members of the department, if any, as in their judgment should be removed or discharged, with their reasons therefor; and whenever, from any cause, there occurs in the department a vacancy which should be filled by the mayor and aldermen, the board of engineers shall recommend to them for their consideration the name of some proper person to fill the same. AIembers may be SECT. 18. Any officer or member of the fire removed by the mayor, except, &c. department, except the chief and assistant engineers, and the superintendent of fire alarms and his assistants may at any time be removed or dismissed from the department by the mayor, or deposed from any office that he may hold therein. FIRE. 241 SECT. 19. In all cases of removal from the Ifremoved, record to be sent to alderdepartment, the name of the party removed, with men. Aug. 20, 1861. a statement of the reasons therefor, shall be entered on the records of the engineers, and a copy of the same shall be transmitted to the board of aldermen before their next regular meeting. SECT. 20. There shall be paid to each officer Compensationof members. and member of the department such sum as the Ibid. city council may, from time to time, determine; and in case of the temporary absence of any member from the city, or his inability, in consequence of sickness, to perform his duties, he shall provide a substitute, whose name he shall Substitute. return to the foreman of the company for approval, otherwise he shall be subject to all deductions which may accrue for his absence. SECT. 21. Neither the members nor the officers Meetingsin engine house, &c., proof any of the companies shall assemble in any of hibited. the engine or other houses belonging to the department, except for the purpose of taking the engine or other apparatus on an alarm of fire, returning the same to the house, and taking the necessary care thereof after its return, and except as herein otherwise prescribed. SECT. 22. Any officer or member of the fire Neglect,&c cause of dismissal. department, who shall wilfully neglect or refuse Ibi. to perform his duty, or shall be guilty of disorderly conduct or disobedience to his superiors in office, shall for such offence, besides being subject to the penalty hereinafter provided, be dismissed from the department. 21 242 FIRE. seven years' sr- SECT. 23. Every person who shall have served vice. Aug. 20, 161. according to law in the fire department for seven successive years, shall be entitled to receive a certificate thereof signed by the mayor; and all persons who shall receive said certificate, shall be entitled to wear the badge of the department, and to do duty therein, when desired so to do by the mayor, with the advice and consent of the board of aldermen, under such organization and management as they may determine. Number of cor- SECT. 24. As many engine, hose, and hook panies, how.fored. and ladder companies shall from time to time be Ibid. formed by the board of aldermen as they may deem expedient, and each company shall consist of as many officers and members as may be appointed from time to time by the mayor with the advice and consent of the board of aldermen. Tobepaidquar- SECT. 25. The officers and members of the terly, except, &c. Aug. 20,1861. fire department shall be paid monthly, except Sept. 10, 1869.. when otherwise ordered by the city council; and, except in case of sickness, death, or removal from the city, every officer or member thereof who shall not serve the whole of the month, or who shall be removed from the department or deposed from his office for cause, shall forfeit any and all compensation that would otherwise have been due to him at the time when such service ceased, or such deposing or removal took place. Engine companies SECT. 26. Every engine company shall have to consist of forenan,: &c. an engineman, fireman, and driver, who shall be Aug. 20,1861. s permanently employed, and who shall at all times FIRE. 243 be in or about the engine house, except when Aug.20,1861. unavoidably absent, and shall also have, until otherwise ordered, eight hosemen, including the foreman. SECT. 27. Each hose company shall have a Hose companiesto have foreman, &c. driver, who shall at all times, except when un- Ibid. avoidably absent, be in or about the house, and shall also have, until otherwise ordered, eight hosemen, including the foreman. SECT. 28. Each hook and ladder company Axeme and rakemen. shall have at least three axemen and three rake- Ibid. men. SECT. 29. The board of engineers shall make Driverand steward. rules and regulations in respect to a driver and Ibid. steward, either permanent or temporary, of hook and ladder companies, and define their duties; such rules and regulations however being subject to approval, alteration, or rescission, as provided in the fourth section of this ordinance. SECT. 30. Every engine, hose, and hook and Allcompaniesto have foreman and ladder company shall have a foreman and clerk, clerk. Hook and ladder companies and every hook and ladder company an assistant anassistant foreman. How apforeman in addition; the foreman and assistant pointed. Ibid. foreman shall be nominated annually, or whenever a vacancy occurs, by the members of the respective companies, from among their own number, and a return of the same made to the board of engineers; and in case of rejection by them, the name of the person so rejected shall 244 FIRE. Aug. 20,1861. be returned to the company, and the members thereof Shall select another person for approval; and whenever any person so nominated shall be approved by the board of engineers, his name shall be sent to the board of aldermen for approval or rejection, and in case of rejection another person shall be nominated, as aforesaid, before the next regular meeting of the board of aldermen, and the like proceedings had as before; and these officers, when approved, shall receive certificates of appointment, signed by the mayor, and shall hold their places until removed, or until others are appointed in their stead. If, upon rejection by the board of engineers or board of aldermen of any person nominated and returned as aforesaid, a suitable person is not nominated and returned by the company as aforesaid, within one week from the date of the reception of notice of such rejection, the board of engineers shall themselves send to the board of aldermen, for their approval or rejection, the name of some suitable person for the place, to be selected from the same company. And if any hook and ladder company shall not have a driver, a clerk of such company shall be nominated and selected in the same manner as the foreman. Engineman, his SECT. 31. The engineman shall, under the duties and responsibilitie. direction of the board of engineers, have the sole Ibid. care of the engine house intrusted to him, and of all the property therein belonging to the city. He shall be held personally responsible for the care and good order of the engine, and shall work and manage the same, and see that it is at all times in FIRE. 245 condition for imllediate use. IIe shall be account- Aug. 201861. able for the proper performance of all duties required of the firemen and driver, and in case of any neglect or delinquency on their part, shall report the same to the chief engineer. SECT. 32. The foreman of each engine shall, Foreman, hl duties and powers. at fires, direct the placing of the engine at a suit- Ibd. able place to obtain a supply of water, and have the charge and direction of the hose and hosemen; and the foreman of each hose company or hook and ladder company shall have charge of the apparatus belonging to his company, and the direction thereof, and of the driver and men belonging to his company. And the foreman of every company shall preserve order and discipline, at all times, among the members of the company under him, and require of them and enforce a strict compliance with the city ordinances, the rules and regulations of the department, and the orders of the engineers. SECT. 33. In the absence of the foreman of In absence offoreman, assistant, &c., any company, the assistant foreman, if there be t.ct. one, otherwise the senior hoseman, or hook and ladder man in service present, connected with the same company, shall perform the duties of the foreman. SECT. 34. The fireman shall be under the Fireman, his duties. immediate direction of the engineman, and shall Ibid. perform all the duties that may be required of him by the engineman, on the engine and in the house, including cleaning the house, the engine, and 21* 246 FIRE. Aug. 20, 861. other apparatus belonging to the company, and clearing the snow and ice from the sidewalk. Drivers,their SECT. 35. The drivers belonging to the respecduties. Ibid. tive companies shall take care of, and properly groom the horses belonging to their respective companies, see that the same are at all times ready for immediate use, convey the apparatus to the place of the fire on an alarm being sounded, and be clerks of their respective companies. And it shall, in addition, be the duty of such of the drivers as are connected with hose or hook and ladder companies to see that the hose or other apparatus is ready at all times for immediate use, and to keep such hose and apparatus, and the house and stable neat and clean, and clear the snow and ice from the sidewalks in front of the respective houses, and they shall be under the immediate direction of the firemen of their respective companies. The driver of each engine shall be under the immediate direction of the enginemen, and shall, besides the duties herein prescribed to be performed by him, assist the fireman in the performance of his duties, and perform such other duties as may be required of him by the engineman. Clerks to keep SECT. 36. The clerks of the respective comrolls, and account of property. panies shall keep fair and exact rolls, specifying Ibid. the time of admission, discharge, and age of the respective members of their companies, and shall also keep, in books provided by the city for that purpose, correct and faithful accounts of all city property intrusted to or connected with their FIRE. 247 respective companies, and of all absences and Aug. 20,1861. tardiness of the officers or members thereof, which rolls and record books shall always be subject to the order of the board of engineers, or the board of aldermen. Said clerks shall also Returns of.members, &c. make, or cause to be made to the chief engineer, true and accurate returns, whenever called upon so to do, of all the members, with their ages, and of all the apparatus belonging to or connected with their respective companies, and shall, also report monthly, at least, to the chief engineer, all Monthlyreport. absences and tardiness aforesaid. SECT. 37. The hosemen of each engine corm- nosemen axemen, and rakemen, their pany and of each hose company, and the axemen duties. Ibid. and rakemen and other members of each hook and ladder company, shall perform such duties as may be required of them by their respective foremen. SECT. 38. The board of engineers, whenever Permission to sleeP in hose house, &c. in their judgment it may be expedient, may employ Aug. 20,s61. or permit to stay or sleep in the house, wherein a hose carriage or hook and ladder carriage is kept, one or more members from the same company in addition to the driver. SECT. 39. The officers and members of the Duties of allmembers of fire departseveral engine, hose, and hook and ladder com- mentincaseoffire. Aug. 20,1861. panies shall, whenever a fire breaks out in the section of the city to which they are assigned for duty, repair to the place of the fire with their respective engines, hose, hook and ladder carriages, and other apparatus, in as orderly a man 248 FIRE. Aug. 20,1861. ner as may be according to the directions, if any be given, of the board of engineers, and exert themselves in the most orderly and efficient 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, they shall return said engines, hose, hook and ladder carriages, and other apparatus, in an orderly and quiet manner, to their respective places of deposit; provided, that, in the absence of all the engineers, such direction or permission may be given by the respective foremen. When appointed SECT. 40. Whenever any person has received subject to all rules andregulations. a certificate of appointment to any office under this ordinance, he shall be thereby immediately invested with all the authority conferred, and subject to all the duties imposed by the laws, the city ordinances, and the rules and regulations of the fire department; and whenever a vacancy Vacancies. occurs in the department, the same shall be filled Ibid. as soon as conveniently may be. Memberstowear SECT. 41. The engineers, officers, and membadges such as endiecti. bers of the several companies shall, when on duty, wear such badges or insignia as the board of aldermen shall from time to time direct, to be furnished at the expense of the city, and no other Other personsshall person shall be permitted to wear the same, not, &c. except under such restrictions and regulations as the mayor and board of aldermen may direct. FIRE. 249 SECT. 42. No uniform, except such badges Noniform, except, &c., to be and insignia as are prescribed from time to time.worn. Aug. 20, 1861. by the board of aldermen, shall be worn upon any occasion, by either officers or men belonging to the department, to indicate their connection therewith.' SECT. 43. ]No company shall have power to Companies notto appoint, &c. appoint or discharge any officer or member. Ibid. SECT. 44. No company shall leave the city, in Not to leave city, except. &c. case of fire in the neighboring cities and towns, Ibid. except by the express order of the chief engineer or one of the assistant engineers; and no company shall leave the city for any other purpose. SECT. 45. No associations, or organized soci- Clubs,&c.,prohib ited, except, &c. eties or clubs of firemen, as such, shall be allowed lbidin the department, except by the express permission of the city council. SECT. 46. No company shall be allowed to Finessha llnotbc imposed by comimpose fines upon its members. For every ab- paies Deductions for absence, sence or tardiness there shall be deducted from Aug. 20,1861. the pay of the absent or tardy officer or member Sept. 10,1869. the sum of one dollar, which amount so deducted shall be paid over at the end of each quarter to the treasurer of the company to which such officer or member shall belong, to meet the incidental expenses of the company. And if any officer or Absence &ce. cause of dlschar-e. member shall have been absent or tardy at more Aug. 20,'181. than one-third of the fires, or alarms of fires, occurring during the month, if more than five, except in case of sickness, such absence or tardi1 See Rules and Regulations - post. 250 FIRE. Aug. 20,1861. ness shall be considered good cause for his discharge from the department. Vacation may be SECT. 47. The board of engineers, notwithgranted. Ibid. standing the provisions herein contained, may, with the approval of the mayor, grant to any officer or member of the fire department, if they think it compatible with the interests of the department, a vacation not exceeding two weeks in any one year upon such terms as they may think expedient. Substitute may And the mayor, with the advice and consent of be selected. Ibid. the board of aldermen, may, if he sees fit, whenever any member or officer of the fire department shall not, by reason of such vacation, or sickness, or otherwise, attend to,his duties in the department, appoint a substitute to act in his place during his absence. Policeto give SECT. 48. Upon an alarm or discovery of fire, alarm, how. Ibid. the members of the police department shall immediately communicate the fact to the central station by means of the signal-boxes in the district in which the fire may be, in accordance with the rules and regulations in regard to fire alarms. And in the night time, the policemen, upon an alarm of fire being given or sounded upon the bells connected with the fire-alarm telegraph, shall immediately give further notice thereof within their respective districts by springing their rattles, crying " fire," and mentioning the district and box of the district in which the fire exists. And if Pnalty forneglect. any policeman neglects so to do, he shall forfeit and pay a fine of not less than two, nor more than twenty dollars for every offence. FIRE. 251 SECT. 49. Upon an alarm of fire, such of the roliceselectedfor the purpose to repolice officers of the city as may be selected for partofres. Their duties. that service, shall repair immediately, with their Aug 211 staves, or such other badges of office as the board of aldermen may direct, to the place where the fire may be, and there use their best skill and power, under the direction of the engineers, for the preservation of the public peace, and the prevention of theft and destruction of property, and the removal of all suspected persons. FIRE-ALARM TELEGRAPH. SECT. 50. In the month of January in each Fre-alarm tee-; - graph, committ e e year there shall be appointed a joint committee ofto beosen. Aug. 20, 1861. of the city council, consisting of two aldermen and three members of the common council, to be called the committee on the fire-alarm telegraph. SECT. 51. The said committee shall have the Have care of rooms, apparatus, care and management of the rooms, apparatus.of telegraph. and machinery connected with the fire-alarm tele- Nov. 26,181. graph, and shall also have the power to appoint, upon the nomination of the superintendent, suitable persons to assist in the management of said fire-alarm telegraph, and also to discharge them, and to establish their compensation, unless it shall be specially provided for by the city council; and the said committee shall determine the persons to Powersand duties Aug. 20,1861. whom shall be intrusted the keys of the signal boxes connected with the fire-alarm telegraph, and, generally, shall have charge of the same, and control over the management thereof, subject to any special order of the city council. 252 FIRE. Superintendent of SECT. 52. There shall be elected annually on fire-alarm telegraphtobeelected; the first Monday in February, or within sixty days tenure of office, &c. Aug 20 181 thereafter, by concurrent vote of the two branches Nov. 26, 1861. of the city council, a superintendent of the firealarm telegraph, who shall hold his office for one year from the first Mlonday of April in the year in which he is elected, and until his successor is elected and qualified, or he is removed. He may be removed at the pleasure of the city council, and all vacancies may be filled at any time for the unexpired term. He shall receive such compensation as the city council shall from time to time determine. Dutiesof superin- SECT. 53. Said superintendent shall have the tendent. Aug. 20,1861. charge of the fire-alarm telegraph, under the direction of the committee on the fire-alarm telegraph, and shall see that the same is kept in good repair, and he shall be held responsible for the same. Alaug.ms of 20,re. SECT. 54. Alarms of fire shall be given by Aug. 20,1861. Nov. 26,1861. means of the fire-alarm telegraph in accordance with the rules and directions heretofore established for that purpose by the committee on the fire-alarm telegraph. ules and regula- SECT. 55. The committee on the fire-alarm tions may be altered, &c. telegraph shall have power from time to time Aug. 20, 1861. to alter or change said rules and directions, and the same shall be binding upon all persons after said rules and directions, as altered, have been placed on file in the office of the engineers of the FIRE. 253 fire department, and with the city clerk, and the Aug. 20.1861. same shall then be published; but the city council shall at all times have power to alter, amend, or annul the same. SECT. 56. No person shall open any of the signal-boxesnotto be opened or insignal boxes connected with the fire-alarm tele- jured graph, for the purpose of giving a false alarm, nor interfere in any way with said boxes, by breaking, cutting, injuring, or defacing the same, nor turn the cranks therein, except in case of fire, nor tamper or meddle with said boxes or any part thereof. SECT. 57. Any person who shall be guilty of Penaltis-o breach of ordia breach of any of the provisions of this ordi- aice. nance, except as otherwise specially provided in any section thereof, shall forfeit and pay a fine of not less than two dollars nor more than fifty dollars for each offence. RULES.1 SECTION 1. All members of the Boston fire Firemen to wear corporation badge. department, and substitutes, not exceeding two Dec. 10,867. for each engine and hose company, and four for each hook and ladder company, shall wear while on duty as firemen, or at fires, in addition to the fire hat and leather badge now worn, the corporation badge, in a plain conspicuous manner on the vest or coat, and no member will be allowed to enter the line at a fire, or any building when on fire, without said badge. 1 Rules and regulations adopted by board of engineers, December 4, 1867, and approved by mayor and aldermen, December 10, 1867. 22 254 FIRE. Badgenottobe SECT. 2. No member shall lend his badge on loaned. Dec. 10, 1867. any pretext whatever, under the penalty of dismissal from the department. Unauthorized per- SECT. 3. Any person not a member, nor sons not to wear badges. regularly appointed a substitute, appearing at a fire with a badge, will be deemed guilty of a misdemeanor, and will be punished accordingly. When badge is SECT. 4. Any member who loses his badge, lost, etc. ibid. shall immediately advertise the same, and use the utmost diligence to recover it, and in case of failure shall be charged five dollars for the badge. Disorderly memn- SECT. 5. If any member in going to, or rebers to be disturning from, a fire shall behave in any way unibid. becoming a fireman, any person aggrieved may report to the chief engineer the number of his badge; and if said fireman refuses to give his number correctly, it shall be deemed good cause for his dismissal from the department. Substitutes, nu- SECT. 6. Each engine and hose company may leer allowed. Ibid. have substitutes not exceeding two in number, and each hook and ladder company not exceeding four, to do duty in place of persons absent from duty, as provided by city ordinance, viz: in cases of sickness or absence from the city. Substitutes, how SECT. 7. Said substitutes shall be approved appointed. Ibid. by the chief engineer, or by the engineer of the district, upon the recommendation of the respective companies. FIRE-ARMS, &C. 255 FIRE-ARMS, BONFIRES, AND BRICKKILNS. ORDINANCE. 2. Bonfires, &c., penalty for mak1. Firing any gun, &c., within the ing any. city, penalty for. 3. Brickkiln, &c., penalty for erecting, making, or firing any. ORDINANCE.1 SECTION 1. No person shall fire or discharge Firinganygun, r&c., within the any gun, fowling-piece, or fire-arm within the city, penalty for. July 22,1830. limits of the city of Boston, under a penalty for every such offence of not less than one dollar, nor more than fifty dollars; provided, kowever, that Proviso. 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. 2. If any person shall make any bonfire Bonfires, &c., penalty for making or other fire in any of the streets, squares, cor- any. Ibid. mons, lanes, or alleys, or on any wharf within the city, without the license of the board of aldermen, he shall be punished by a fine not exceeding fifty dollars. SECT. 3. No person shall erect, make, or fire, Brickkiln, kc., penalty for erector cause to be erected, made, or fired, within any ing,maki.g,orfirI7 / I ~/ ing any. part of the city, any brickkiln, or limekiln, without Ibidthe license of the board of aldermen, under a penalty of not less than one dollar nor more than 1 An ordinance in relation to fire-arms, bonfires, and brickkilns, passed July 22,1850. 256 FUEL. July 22,1850. fifty dollars, and a like sum for every week he shall maintain 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 lic buildings shall attend to advertise for sealed proposals. delivery, &c. ORDINANCE.2 committee of city SECTION 1. All contracts for wood, bark, coal, council shall make contracts fofuel' and other fuel for the use of the city, in each and May 8, 1843. ay,18;6. every one of its respective branches and departments, as well for the use of the public schools and primary schools, as for all other public buildings and offices, excepting the several institutions at South Boston and Deer Island and the city hospital, shall be made by a committee of the city counSall advertise for cil, who shall advertise in the public newspapers sealed proposals. in which the city ordinances are printed, for sealed proposals for furnishing the same, at least one week previous to making any contract for the same, and the proposals shall contain, separately and distinctly, the terms for which each particular description of fuel will be furnished; and such proposals being considered, shall be accepted, or rejected, as may be deemed advisable by said 1 Two sections of the ordinance of July 22, 1850, relating to the keeping, selling, or firing of rockets or other fireworks are omitted, as by the special act of 1853, c. 154, all matters relating to fireworks in this city are placed under the control of the board of engineers. See ante, p. 228, ~~ 24, 25. 2 An ordinance regulating the purchase of fuel for the use of the city, passed May 8, 1843, and February 9, 1846; amended May 1, 866. GUNPOWDER. 257 committee; and the contract so made shall provide May 8,1843. Feb. 9,1846. for the delivery of such wood, bark, coal and Mayl1,1866other fuel, 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 con- Fuelshallbe weighed or meatracted for, shall, previous to the delivery thereof, sure8. May 8,1843. be weighed or measured by a weigher or measurer appointed for that purpose by the city; and the superintendent of public buildings shall attend to Superintendentof public buildings the delivery and reception of the same, and give shallattedtodecertificates therefor, as the same is delivered, so that the committee may know whether the proper quantity and quality have been received; and the chairman of said committee shall certify the bills of the same previous to the payment thereof. GUNPOWDER. STATUTES. 6. Gunpowder exceeding one 1. Taking loaded arms into houses pound, not to be kept within prohibited, under penalty of two hundred yards of any ten pounds. wharf, or on the mainland. 2. Loaded arms in houses may be Forfeiture. seized by engineers. To be 7. No gunpowder to be sold within sold at public auction if the city without license from adjudged to be forfeited upon engineers. Form of license their complaint. to contain rules and regula3. Appeals in such prosecutions. tions. Time in whichit shall 4. Gunpowder, how much may continue in force. Engineers be kept by any United States may rescind same. Fees for or State officer, and where. license. 5. Gunpowder kept contrary to 8. Engineers may establish rules the provisions of law, may be and regulations. seized by engineers and sold. 9. Gunpowder in Boston kept con22* 258 GUNPOWDER. trary to the provisions of law, use of the engineers. Promay be seized and libelled. viso. Service of copy and summons. 17. When gunpowder, less than Costs. Adjudication. Service ten quarter-casks, is seized, a may be made in any county. libel or complaint may be 10. Penalty forhindering engineers, filed in the police court. or attempting to rescue pow- 18. Fines may be sued for by chief der. Duty of all citizens to engineer, or by one or more assist the engineers. engineers, &c. 11. Engineers may enter and exam- 19. Wilful and malicious explosion ine stores, &c., of those of gunpowder forbidden. licensed, to ascertain if their Penalty. rules, &c., are observed. 20. Persons forbidden to throw Power in case of fire. Search into or against any dwellingwarrant. house, &c., gunpowder, or 12. Persons injured by gunpowder other explosive substance. kept contrary to law, may Penalty. have an action for damages. 21. Quality and size of casks, &c., 13. Engineers to publish their rules for gunpowder. and regulations in newspa- 22. Casks to be marked. pers. 23. Penalty for falsely marking. 14. How fines, &c., may be recov- 24. Cities, &c., may order how gunered. Not necessary to set powder, &c., shall be kept. forth more of the act than is 25. Justices, &c., may issue warnecessary to describe the rants for searching places for offence. gunpowder, &c., unlawfully 15. Penalty for keeping or selling kept. gunpowder, contrary to law. 26. Penalty for unlawfully keeping 16. Fines, &c., shall inure to the gunpowder, &c. STATUTES. Taking loaded 1. If any person shall take into any dwelling-house, stable, armhintohd unses barn, out-house, warehouse, store, shop, or other building within penalty of ten the city of Boston, any cannon, swivel, mortar, howitzer, cohorn, pounds. 1782,. 46, ~ 1. or fire-arm, loaded with or having gunpowder in the same, or 10, c 262, ~ 3. shall receive into any dwelling-house, stable, barn, out-house, store, warehouse, 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 saime; one moiety thereof to the use of said engineers and the other moiety to the support of the poor of said city. Loaded arms in 2. All cannons, swivels, mortars, howitzers, cohorns, fireseized byengi- arms, bombs, grenades, and iron shells of any kind that shall neers be found in any dwelling-house, out-house, stable, barn, store, 1782, c. 46, ~ 2. 1850, c.262,~3. warehouse, shop, or other building, charged with or having in them any gunpowder, shall be liable to be seized by either of GUNPOWDER. 259 the engineers of said city; and upon complaint made by the said 1782c. 46, ~ 2. engineers to the court of common pleas,1 of such cannon, swivels, 150, c. 262, ~3. mortars, or howitzers, being so found, the court shall proceed to try the merits of such complaint by a jury; and if the jury To be sold at publie auction if adshall find such complaint supported, such cannon, swivel, mortar, ijudged a fritupon or howitzer shall be adjudged forfeit, and sold at public auction, their complaint. Ibid. 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, or other shell shall be found in any house, out-house, barn, stable, store, warehouse, 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. 3. Appeals were provided for in prosecutions under the two Appeals. 1782, c. 46, ~ 3. preceding sections, as was usual in other cases. 4. No commissary, or any other officer or officers, or any Powder, howmuch person or persons in the service of. the United States, or acting maybekeptby any United States in the department of commissary or quarter-master general of orStateofficer,and where. this commonwealth, shall be permitted to have, keep, or possess 1s, c. 3, ~l. within the city of Boston, a greater quantity of gunpowder than 1850, C.262 ~ 3. 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. 5. Any gunpowder which shall be found in the possession of, Powderkept conor which may be had or kept within the city of Boston by any tr,,,,tonabe proofficer or officers, or any person or persons whatsoever acting in seized by engineers and sold. behalf or under the authority of the United States, or by any agent 181s, c. 14,, ~ 2. or servant of such officers or persons, and all gunpowder possessed, 1850, c. 262,~ 3 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 See ~ 6. other cases within said city. 6. No person, except on military duty in the public service of Gunpowderexthe United States, or of this commonwealth, shall keep, have, or eetodin one pound possess in any building or in any place, or in any carriage, or on within two hundred yards of any any wharf or on board of any ship or other vessel within two hun- wharf, or onthe 1 Now the superior court. 260 GUNPOWDER. mainland. dred yards of any wharf, or of the mainland in the city of Boston, 1833, c. 11, ~ 1. gunpowder, in any quantity exceeding one pound, in any way or manner other 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 possessed contrary to the provisions of said sections and of such rules and Forfeiture. regulations shall be forfeited, and liable to be seized and proceeded Ibid. against in the manner hereinafter provided. No gunpowder to 7. It shall not he lawful for any person or persons to sell any be sold within the city, without gunpowder, which may at the time be within the city of Boston, license from in any quantity, without first having obtained from the engineers engineers. Ibid. ~ 2. of said city a license, signed by the chief engineer or by the secreForm of license to tary of the board of engineers, on which shall be written or printed contain rules and regulations. a copy of the rules and regulations by them established, relative Ibid. to keeping, selling, and transporting gunpowder within said city; Time in which it and every such license shall be in force for one year from the date shall continue in fbrce.onti thereof, unless annulled by the board of engineers, and no longer; Ibid. but such license may, prior to the expiration of that term, be renewed by the chief engineer or the said secretary, from year to Engineers may year, by indorsement thereon; provided, always, that the board of rescind same. ibid. engineers 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 Fees for license. every person who shall receive a license to sell gunpowder, as aforesaid, shall pay for the same the sum of five 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. Engineers may 8. The board of engineers of the city of Boston may establish establish rules and regulations. rules and regulations, from time to time, relative to the times and Ibid. ~ 3. places at which gunpowder may be brought to or carried from said Thacher's Crim. n cases, 14. city by land or water, the 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 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 possessed Boston kept contrary to law may within the city of Boston, or brought into or transported through be seized, &c. the same, contrary to the provisions of said sections 1 and to the 1 That is, ~~ 6, 7, 8, 9, 10, 11, 12, 13, and 14, in the text. GUNPOWDER. 261 rules and regulations made as aforesaid, may be seized and taken s183, c. 131, ~ 3. into custody by any one or more of the engineers of said city, and, let225,s 22. the same shall, within twenty days next after the seizure thereof, cases, 14, o'. be libelled, by filing in the office of the clerk of the superior court for the transaction of criminal business, a libel, stating the time, place, and cause of such seizure, a copy of which libel, or the substance thereof, together with a summons or notice, which such Service of copy and summons. clerk is hereby authorized to issue, shall be served on the person 1833, c. 151, ~. 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 show cause why the gunpowder so seized and taken should not be adjudged forfeit. And if the powder 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 place wherein the same was so seized, shall pay all costs of prosecution, and costs. execution shall be issued therefor; provided, that it appear to the Adjudication. court that such person or persons had notice of such prosecution Ibid 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 the return of the officers 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 such libel or summolls, Service may be and also such writ of execution for costs, shall and may be served i'nae in any county. and executed in any county in this commonwealth, and by any Ibid. officer competent to execute civil process in like cases. 10. Any person or persons who shall rescue, or attempt to Penalty for hindering engineers or atrescue any gunpowder seized as aforesaid, or shall aid or assist t elmpting to, resc t.e therein, or who shall counsel and advise, or procure the same to powder. Ibid. ~ G. be done, or who shall molest, hinder, o: 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 persons to aid and Duty ofallcitizens assist each engineer or engineers in executing the duties hereby to..ist the en""irequired. ibid. 11. The said engineers, or any of them, may enter the Engin eerrs may store or place teof any person or persons licensed exato sell gunine store or place of any person or persons licensed to sell gun 262 GUNPOWDER. stores, &c of those powder, to examine and ascertain if the laws, rules and regulalicensed to sell, if.ules, &c., are ob- tions relating thereto are strictly observed; and on an alarm of served. Power in fire may cause the powder there deposited to be removed or cas.e of fire. 1833, c. lo, ~ 7. destroyed, as the case may require; and it shall be lawful for any one or more of the engineers of said city to enter any dwellinghouse or other place in the city of Boston to search for gunSearch warrant. powder, first having obtained from a justice of the police court in Ibid. said city a search warrant 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. Personsinjured by 12. Any person who shall suffer injury by the explosion of gunpowder kept any gunpowder had, kept, or transported within the city of Boscontrary to law, may have an action ton, contrary to the provisions of said sections,1 and of the rules for damages. and regulations established as aforesaid, may have an action Ibid. ~ 8. 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 pub- 13 It shall be the duty of the engineers of the city of Boston lish theirrules and to cause all such rules and regulations as they may make and regulations in establish, by virtue of the authority given as aforesaid, to be pubIbid. ~,9. lished 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. 1ow fines. &c. 14. All fines, penalties, and forfeitures which may arise and may be recovered. accrue under the eight preceding sections shall and may be proseIbid. ~ 10. cuted 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, indictNot necessary to ment, information, or complaint upon said act, it shall not be set forth more of necessary to set forth any more of the same than so much thereof the act than is necessary to de- as relates to, and may be necessary truly and substantially to ofee describe the offence. dec the alleged to have b-een committed.2 Ibid. 1 That is, ~~ 6, 7, 8, 9, 10, 11, 12, 13 and 14, in the text. 2 The statute of 1833, c. 151, referred to in sect. 14, in the text, contained, in sect. 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. 263 15. Any person who shall keep, have, or possess any gunpowder Penalty for keepwithin the city of Boston contrary to the provisions of the nine ingle orseulling preceding sections, or to the rules and regulations of the board of law. engineers therein mentioned, or who shall sell any gunpowder in 1 Met 29, ~232. said city without having a license therefor, or contrary to such Thacher'sCrim. Cases, 14. license or the rules and regulations aforesaid, shall forfeit a sum Ibid. 596. 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, mentioned How fines shallbe appropriated. in the ten preceding sections, shall inure to the sole use of the Ibid. ~~1,2. board of engineers of the fire department of said city of Boston; provide, however, that whenever, on the trial of any prosecution, Proviso. 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 inure to the use of the poor of the city of Boston, to be paid over to the overseers of the poor thereof. 17. Whenever any quantity less than ten quarter-casks of when gunpowder less than ten quargunpowder shall be seized and taken into custody by any one or ter-casks is seized, more of the engineers of the fire department of the city of Bos- alibel r mlaint may be filed in ton, a libel or complaint may be filed in the clerk's office of the court. municipal court of said city of Boston, and the said municipal court 1841,. 58, 1. 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,1 in the like cases of seizures and proceedings before the superior court,-saving always to any party aggrieved by any final judgment of said municipal court, the right of appeal and trial by jury in said superior court. 18. All fines, penalties, and forfeitures imposed by the Finesmay be sued tor by chief engitwelve preceding sections may be sued for and recovered by the neer, or one o chief engineer, or any one or more of the engineers of the fire more engineers, department of the said city of Boston, or by any person thereto 1 That is, the ninth section in the text. 264 GUNPOWDER. 1841, c. 5, ~ 2. authorized by a vote of the board of engineers of the said fire department.' Wilful injury to 19. Whoever wilfully and maliciously, by the explosion of hoies c., by ex-" gunpowder or any other explosive substance, unlawfully destroys powder, &c. or injures any dwelling-house, office, shop, or other building, or G. S. 161, ~ 68. any ship or vessel, shall be punished by imprisonment in the State prison not exceeding twenty years, or in the jail not exceeding five years, or by fine not exceeding one thousand dollars. Throwing explo- 20. Whoever wilfully and maliciously throws into, against, or sive substances into dwellings, &c. upon, or puts, places, or explodes, or causes to be exploded in, upon, Ibid. ~ (9. or near any dwelling-house, office, shop, building, or vessel, any gunpowder or other explosive substance, or any bomb-shell, torpedo, or other instrument filled or loaded with any explosive substance, with intent unlawfully to destroy or injure such dwellinghouse, office, shop, building, or vessel, or any person or property therein, shall be punished by imprisonment in the State prison not exceeding ten years, or in the jail not exceeding five years, or by fine not exceeding five hundred dollars. Quality and size of 21. Gunpowder manufactured in this State shall be put into casks. &e., for gun-s powdere.' fog u strong and tight casks containing twenty-five pounds, fifty pounds, iid. 49, ~ 69. or one hundred pounds each, unless the same is well secured in copper, tin, or brass canisters holding not exceeding five pounds each, and closely covered with copper, brass, or tin covers. All casks to be 22. Each cask containing gunpowder manufactured within marked. Ibil.70. this state, or brought into the same by land or water and landed, shall be marked on the head with black paint, in legible characters. with the word gtwnpowder, the name of the manufacturer, the weight of the cask, and the year in which the powder was manufactured; and each canister of gunpowder shall be marked with the word gapowdcer. enalty for falsely 23. Whoever knowingly marks a cask of gunpowder with the marking, &c. Ibid. 49, ~71. name of any person other than the manufacturer of the same, or changes gunpowder from a cask marked with the name of one manufacturer into a cask marked with the name of another manufacturer, shall for each offence forfeit a sum not exceeding twenty dollars. Towns, &c., 24. The city council of a city and the inhabitants of a town may order how gunpowder, gun- may order that no gunpowder shall be kept in any place within cotton, &c., shall the limits thereof, unless it is well secured in tight casks or be kept. i Ibid. 88, ~48. canisters; that no gunpowder above the quantity of fifty pounds shall be kept or deposited in any shop, store, or other building, 1 For powers of the board of engineers to make rules and regulations relating to gunpowder, see Fire, ante, p. 238, ~ 13. HARBOR. 265 or in a ship or vessel which is within the distance of twenty-five G. s. 88, ~ 48. rods from any other building or wharf; that no gunpowder above the quantity of twenty-five pounds shall be kept or deposited in any shop, store, or other building within ten rods of any other building; and that no gunpowder above the quantity of one pound shall be kept or deposited in any shop, store, or other building within ten rods of another building, unless it is well secured in copper, tin, or brass canisters, holding not exceeding five pounds each, and closely covered with copper, brass, or tin covers. They may make a like order in regard to gun-cotton, or other substances prepared like it for explosion, and, if considered necessary for public safety, may restrict the quantity to be so kept to one-fifth of the weight of gunpowder allowed by this section. 25. Upon complaint made to a justice of the peace or police Justices to issue warrants for court by the mayor or either of the aldermen, selectmen, or sear.hing places firewards of any place, that he has probable cause to suspect, where gunpowder, &c., is suspected to and does suspect that gunpowder, gun-cotton, or other substance be unlawftlly prepared like it for explosion, is deposited and kept within the keptIbid. ~ 49. limits thereof contrary to law, such justice or court may issue a warrant directed to either of the constables of such place, ordering him to enter any shop, store, or other building, or vessel specified in the warrant, and there make diligent search for such gunpowder, gun-cotton, or other substance suspected to have been so deposited or kept, and to make return of his doings to said justice or court forthwith. 26. Whoever commits an offence against any order made Penalty for unlawunder section twenty-four, shall forfeit a sum not exceeding fuy keeping gunpowder, &c. twenty dollars; but the two preceding sections shall not extend G.s. ss,~o. to any manufactory of gunpowder, gun-cotton, or other sub- 183, c. 135. stance aforesaid, nor in any case prevent the transportation thereof through any city or town, or from one to another part thereof. HARBOR. STATUTES. Hcarbor lines. Islands. 3. Line in the harbor from Free 1. Concurrent jurisdiction of cer- Street Bridge to Warren tain places ceded to the Bridge established. United States. Thompson's 4. Description of the line arcd Island. alterations. 2. The governor authorized tosell 5. Wharves, &c., not to, be exRaynsford Island. tended beyond the liRe. 23 266 HARBOR. 6. No wharf, &c., to be extended 28. Line on East Boston side and towards the line without line on Chelsea side, desleave. cribed. 7. No wharf, &c., to be erected or 29. No wharf, &c., shall be exextended in the harbor. tended beyond said line. 8. Penalty. Erection may be 30. Penalty. Erection may be abated as a nuisance. abated as a nuisance. 9. Additional lines established. 31. Line between West Boston 10 Lines between Free Street Bridge and Boston and Bridge and the Dover Street Roxbury Milldam further alBridge. tered. 11. Channel lines established. 32. No wharf, &c., to be extended 12. Description of lines. beyond said line. 13. Restrictions as to building and 33. Proprietors authorized to exfilling. tend wharves, &c., to said 14. Penalty. May be abated as a line, provided, &c. nuisance. 34. Act not to take effect unless a 15. Lines between Warren Bridge sea-wall is built. (Boston side) and Milldam, 35. Additional lines in South Bay and alterations. described. 16. Lines on the Charlestown side 36. Boston, Hartford and Erie Railof the harbor. road, how built outside of 17. Lines on the East Boston side said lines. of the harbor. 37. No wharf, &c., to be extended 18. No wharf, &c., to be exten- without leave. ded beyond the line, nor fur- 38. If extended, excavations to be ther towards the line, made in the flats. without leave of the legisla- 39. Persons offending, how punture. ished. Erections may be 19. Penalty. Erection may be abated. abated as a nuisance. 40. Lines on Mystic river described. 20. Alteration of line between 41. Lines in Dorchester Bay and West Boston Bridge and the Neponset River described. Boston and Roxbury Mill- 42. Lines from East Boston towards dam. Breed's Island described. 21. Additional lines established, 43. Lines of wharves and flats bebeing the lines reported by tween West Boston Bridge commissioners. and the Milldam altered. 22. First, second, and third lines City may accept or lay out described. streets. Sea-wall to be built 23. Fourth, fifth, sixth, seventh, within two years. eighth, and ninth lines de- 44. Line between Taylor's wharf scribed. and the jail wharf defined. 24. Tenth, eleventh, and twelfth 45. Tenth line in South Boston Bay lines described, altered. Old Colony and Fall 25. No wharf, &c., to be extended River Railroad Company to beyond said lines, or fur- build wall and remove prother towards them without jections. leave. 26. Penalties. Erections to beHarbor Regulations. abated as nuisances. 46. No vessel to anchor except 7o. Lines in Chelsea Creek, de- within certain limits. Penscribed and established. alty. HARBOR. 267 47. Trim of vessels at wharves. Harbor Commissioners. Penalty. 65. Board of harbor commission48. Penalty for throwing stones, ers established. To make &c., into the harbor. surveys, &c. 49. Regulation of warps and lines. 66. To prescribe harbor lines. Penalty. 67. To approve all authorized 50. City council may appoint a bar- works in harbors. Compenbor master. Bond. He may sation for displacement of appoint a deputy in case, &c. tide water. Compensation. 68. Unauthorized works to be 51. His duties and authority. deemed nuisances. 52. Recovery of penalties. 69. Plan for improvement of South 53. Harbor master's further author- Boston flats adopted by ity. Penalty for obstructing legislature. him in the performance of his 70. Harbor commissioners authorduties, or for neglect to obey ized to contract for the conhis orders. How to be re- struction of a sea-wall on covered. South Boston flats. 54. Master or owners of vessels 71. Joint committee of the legisliable to penalty for throwing lature appointed to sell the stones, &c., in harbor. flats, and contract for filling 55. All yards of vessels to be cock- the same. billed, &c., while at wharf. 72. Harbor commissioners author56. Vessels in harbor to keep an ized to fill South Boston flats, anchor watch and light. build sea-walls, docks, &c. Penalty. How to be recov- 73. Harbor commissioners authorered. ized to purchase lands and 57. No ashes, &c., to be thrown flats on the northerly shore into the harbor. of South Boston. 58. Stones, gravel, &c., not to be Sea- ls in Caes Rier. Sea-walls in Charles River'. taken from the islands, &c. Penalty for so doing. 74. City authorized to build a sea59. Limits of Boston harbor. Ju- wall at the foot of Poplar risdiction therein.street. 60. Same. 75. City may build a sea-wall in 61. Mooring to buoys, beacons, &c., Charles River from Revere prohibited. Penalty. Injury street, to a point on the to buoys, beacons, &c. Pen- Milldam. May fill up alty therefor. Forfeitures, flats, and contract with how recovered. riparian owners. Use of land 62. Rafts, &c., not to be moored to made restricted. private bridges, wharves, &c., 76. Harbor commissioners may except, &c. Penalty. supervise work. 63. Rafts, &c., not to be moored to ORDINANCE. any public bridge, except, &c. 1. Joint standing committee on 64. Harbor master to be appointed the preservation of the harby mayor and aldermen. His bor, their duties, &c. duties to be regulated by city 2. Dredging machine, care and council, &c. use of. 268 HARBOR. STATUTES. ISLANDS. Concurrent juris- 1. Concurrent jurisdiction has been ceded to the United diction of places cededtothe United States, by the commonwealth of Massachusetts, over the folStates. lowing places in the harbor of Boston, viz:1790, c. 4, ~. The light-house on Light House Island. Ibid. The beacon on the spit of land near the light-house. 1798, c. 13, ~~ 1, 2. Castle Island. 1798,c. 13, ~~ 1, 2; Governor's Island. 1807, c. 125 1846, c. Long Island Head for a light-house. 1819, c. 69, ~ 3. Ibid. Half-Way Rock for a beacon. 1832, c. 41. A place called Nix's Mate, for a beacon. 1846, c. 16, ~. George's and Lovell's Islands.l 1847, c. 109. Minot's Rock, or Ledge, for a light-house. 1849, c. 45, ~~ 1, 2. A portion of the island called the Great Brewster, for the purpose of the erection thereon of a sea-wall for the preservation of said island.2 185s, 17. Land for a light-house on the spit at the entrance of the Narrows. Ibid. Land for a beacon on Point Alderton Bar, on the south side of entrance to Light-House Channel. 1867,c.3 15 So much of Gallop's Island and Point Alderton as may be required for the construction and protection of a sea-wall to be erected for the security of Boston harbor. So much of Long Island as may be purchased by the United States for the protection and preservation of Boston harbor, and 1 George's and Lovell's Islands were purchased of Levi Lincoln, guardian of Caleb Rice, May 2, 1825, and were granted to the United States June 22, 1825. See Suffolk Deeds, Lib. 201, fol. 9. These islands were bought for the sum of $6,000 in addition to an annuity of $400 during the life of Caleb Rice. He died in September 1848, and the total of annuities paid was $10,350, which, with the principal sum of $6,000, makes the total cost of these islands to the city $16,350. See City Records, vol. 3, p. 74, and vol. 26, p. 524. Fort Warren is on George's Island. 2 The Great Brewster Island, containing about sixteen acres, was purchased by the city in 1848, for the sum of $4,000, for the purpose of protecting the harbor. City Records, vol. 26, p. 518. Gallop's Island, containing about sixteen acres, was purchased for the same purpose in 1860, for $6,600. City Records, vol. 38, p. 276. By an act passed May 14, 1864, (chap. 315) the city of Boston was authorized to raise by taxation or otherwise, a sum not exceeding $150,000, and expend the same in the construction of sea-walls and other necessary works on Great Brewster Island and Deer Island, in order to prevent further injury to the harbor from the abrasion of the headlands; the amount expended by the city to be reimbursed by the State from the receipts for the sale of flats. The city did not take advantage of the provisions of the act, as the United States government made an appropriation for the purpose soon after. HARBOR. 269 for purposes of national defence,- shown on a plan deposited in 1867, c. 314. 1868, c. 292. the office of the secretary of state. 1868, c. 293. By an act passed March 25, 1834, Thompson's Island, lying in Thompson's the harbor of Boston, and previously a part of the town of Dor- tIslnd oannexe chester, with the inhabitants thereon, was annexed to the city of I834,102. Boston, in the county of Suffolk; provided, tha t said island should revert to the town of Dorchester, in one year after it should cease Provisos. 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. 2. By a resolve passed April 27, 1869, the governor was Governor authorized to sell Raynsauthorized to sell and convey, with the consent of the council, ford Island. by a good and sufficient warranty deed, the island in Boston har Resolves. 1869, c. 39. bor called Raynsford Island, with all the buildings thereon, and pay the proceeds of the sale into the State treasury.1 HARBOR LINES. 3. By an act passed April 19, 1837, the line described in the Line in the harbor from Free Bridge following section, from the Free Bridge2 in the harbor of Boston to Warren Bridge to Warren Bridge, in said harbor, was established as one of the established. 1837, e, 229, ~ 1. lines in said harbor, beyond which no wharf or pier should ever 1 Cush. 306. be extended into and over the tide water of the commonwealth. 98 Mashs 98 Mass. 39. 1 Iaynsford Island was conveyed by deed, by John Loring and others, December 7, 1736, to the treasurer and receiver-general of the province of Massachusetts Bay, "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." Suffolk Records, Lib. 53, fol. 162. Deer Island, containing about one hundred and thirty-four acres of upland, and fifty acres of flats, was granted to the inhabitants of Boston, March 4, 1634-5; and the income derived from its occupation and lease was devoted to the support of the free school in Boston. May 15, 1753, a pest house was established on said island for the accommodation of sick persons arriving by sea. From this period the island was leased to different persons by the town and city until 1842, when the subject of locating the quarantine establishment on said island was agitated. In 1847, the fatal character of the " ship fever" which prevailed extensively among the immigrants at this port, determined the city government to place the house of industry on said island, which was also established as a place for quarantine. The house of industry, and house of reformation for boys and girls, are now located on this island. 2 Free Bridge is now known as Federal Street Bridge. 23* 270 HARBOR. Description of the 4. The said line begins at the east end of the north abutment ie. 229,~2. of the Free Bridge,1 and runs straight to the southerly corner of Brown's wharf;2 thence, by the end of the same, and of Wright's four wharves,3 fronting on the channel, to the east corner of Wright's northeast wharf; 4 thence, on a straight line, to the south corner of Wales's wharf, and by the end to the east angle of the This portion of same; thence, from this last point straight to the south corner of the line fixed 850, c. 216, 1. Arch 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,5 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. From this theinerftixeoo point to the west corner of Gray's wharf the line is described bv 1851, c.254. three equal chords of an arc of a circle of twelve hundred feet radius drawn through the southeast angle of Battery wharf, and the west corner of Gray's 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 wharf6 to the west corner of the last;7 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 [State] library, excepting that the 1 Federal Street Bridge. 2 Now known as Way's wharf. 3 Now known as Hosley and Russell's, Adams's, and the Boston Fire Brick Co.'s wharves. 4 This is the east corner of the wharf now known as Howe's wharf. 5 An alteration has been made in the outer end of Long wharf; a portion of the advanced part has been removed, and the point described as the "south angle of the advanced part," is a point one hundred and thirty-four feet from the south corner of Long wharf, and sixteen feet from the present face of the wall, measuring at right angles therefrom. 6 Brown's wharf now forms a part of the Boston Gas Light Company's wharf. 7 This point is two hundred eighty-seven feet, at right angles, from Charles River Bridge, and two hundred.seventy feet, at right angles, from Commercial street. HARBOR. 271 line herein described and intended varies from the line of said 1851,c. 24. commissioners by crossing Charles River Bridge in a straight line from Brown's wharf to Trull's wharf, as above expressed. 5. It was prescribed by the said act of 1850, c. 216, ~ 2, that Wharves, &c., not no wharf, pier, or building, or incumbrance of any kind should ytond thelinebe ever be extended beyond the said line into or over the tide water 1837, c. 229, ~ 3. h* ~~~~~~. arbor.,, ~~~~~~~~1850, c. 216, ~ 2. in said harbor. 7 Cush. 53. 6. It was also prescribed that no person should enlarge or No wharf, &., to extend any wharf or pier, which was then erected on the inner eard the linet side of said line, further towards the said line than such wharf or without leave. 1837, c. 229, 4. pier then stood, or than the same might have been lawfully 180, c. 216, 3. enlarged or extended before the passing of the said act, without leave first obtained from the legislature. 7. No person shall in any other part of the said harbor of No wharf; &c.,to Boston, belonging to the commonwealth, erect or cause to be eeteded i the erected any wharf or pier, or begin to erect any wharf or pier harbor. ~.,71),,,,.. -,.. 1837, c. 229, ~ 5. therein, or place any stones, wood, or other materials in said 7Cush.,3. 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. 8. Every person offending against the provisions of the five Penalty. preceding sections, shall be deemed guilty of a misdemeanor, and 1837, c. 28, ~ 6. s~~~~~~~~~~~~~~~~~~ ~~~~~~~- 7 Cush. 13. 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 erection or obstruction which shall be made, contrary to the Erection may be provisions and intent of said five preceding sections, shall be abateaces Inuisance. liable to be removed and abated as a public nuisance, in the Ibid. manner heretofore provided for the removal and abatement of nuisances on the public highways. 9. By an act passed March 17, 1840, the lines described in Additionallines sections ten, fifteen, sixteen, and seventeen were established as l840t, s3,. the lines of the channel of the harbor of Boston, beyond which 7 Cush. 53. no wharf or pier should ever be extended into and ovtr the tide water of the commonwealth. 10. The line between South Boston Free Bridge1 and the Linesbetween South Boston Free old Boston South Bridge 2 on the north side of the channel, Bridge andthe old begins at the east end of the north abutment of the South Boston South Boston Bridge. 1 Now known as Federal Street Bridge. 2 Now known as Dover Street Bridge, 272 HARBOR. Lines between Free Bridge, and runs westerly to the east corner of Wright's:South Bostosa Free Bridge andhe oldr wharf, 1 at the westerly side of said bridge, being forty-six:South Boston feet from the west end of said abutment; thence westerly Bridge. a840,. 35, ~B till it meets the northeasterly corner of the first wharf belonging to the South Cove Corporation;2 thence southerly by the ends of the wharves of said corporation, as now built, to Heath's wharf,4 and by the end of Heath's wharf to the southerly corner thereof; thence southerly to South Boston Old Bridge, by a line drawn at right angles with said bridge, from a point two hundred and ninety-three feet westerly, from the westerly side of the draw of said bridge.5 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 feet6 easterly from the westerly side of the draw in said bridge, and four hundred and seventy-four feet westerly7 from the range line of the westerly side of the brick building standing at the corner, on he easterly side of First street8 and northerly side of Fourth treet, and four hundred and thirty feet from the face of the east stone abutment9 of said bridge; thence running northerly to the southwesterly corner of Alger's wharf;l~ thence by the end of said wharf to the northerly corner of the same;1 thence northeasterly 1Wright's wharf now forms a part of the filled land belonging to the Old Colony & Newport Railroad Co. 2 Now belonging to the Boston and Albany and Old Colony and Newport Railroad Corporations. Now owned by various parties. Now known as Cobb's or Cowdin's wharf. Dover Street Bridge was rebuilt in 1857, and the location of the draw changed; the distance on the northerly side of the bridge now being two hundred seventy-nine feet and five inches from the westerly side of the present draw. This point is distant one hundred twenty-three feet from the westerly side of the present draw. 7 The distance given in the text is erroneous. The true distance from the range line of the westerly side of the brick building standing at the corner, on the easterly side of Foundry and northerly side of Fourth streets, is four hundred ninety-three feet and six-tenths. 8 Foundry street. 9 The east stone abutment referred to is buried up, a portion of the easterly end of the bridge having been made solid. 10 Alger's wharf now forms a part of the solid filling bordering on the harbor commissioners' line north of Dover Street Bridge. The point above referred to in the text as the southwesterly corner of Alger's wharf is an angle in the sea-wallbelonging to the Old Colony and Newport Railroad Corporation, distant five hundred twenty-three feet from Dover Street Bridge measuring on the before-described commissioners' line. 11 This point is at another angle in said sea-wall distant sixty-eight feet from the last mentioned point. HARBOR. 273 to the wharf belonging to the South Boston Iron Company,1 1840,. 35, ~ 2. thence to the end of George C. Thacher's large wharf,2 and by the same to the northwest corner of said Thacher's small wharf;2 and thence easterly by said small wharf, sixty-four feet to South Boston Free Bridge,3 at a point forty-three feet northerly from the south stone abutment of said bridge; thence southerly by the w'.sterly 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 two hundred fifty-six feet straight, so as to 1864,c.310,~1. form an angle with said bridge of seventy-five degrees; thence on an arc of a circle of six hundred feet radius, a distance of five hundred feet, to a point three hundred and eighteen feet from and perpendicular to the west side of Mount Washington avenue; thence in a straight line and tangent to said arc, in a northerly direction, in such position that if continued straight, it shall not approach within six hundred feet of Arch wharf. 11. By an act passed May 25, 1853, the lines described in channellines sections twelve and thirteen were established as lines of the established 1853, c. 385, ~ 1. channel of the harbor of Boston, beyond which no wharf or pier should ever thereafter be extended otherwise than is provided in said act, into or over the tide water of the commonwealth. 12. The inner line, marked A, in three parts, on the com- Description of missioners' plan hereinafter referred to, begins in South Boston lbia.ds at a point in the north line of Fourth street, extended eastward one thousand feet from P street, and runs thence northward parallel with P street, fourteen hundred feet; thence northwestward till it intersects the east line of P street, extended northward twenty-four hundred feet from Fourth street; thence westward towards the south corner of Bull's wharf, till it intersects the harbor line on the east side of Fort Point Channel, established by "An act concerning the harbor of Boston," 1840,.35. passed on the seventeenth day of March, in the year eighteen hundred and forty. This is the extreme line of solid fillings. The outer line, marked B, in three parts on said plan, begins in South Boston, at a point in the north line of Fourth street, extended eastward fourteen hundred feet from P street, and runs thence northward, parallel with P street, fourteen hundred 1 Now forming a part of the solid wharf belonging to the Old Colony and Newport Railroad Corporation. 2 These two now form one wharf belonging to the Fulton Iron Foundry. 3 South Boston Free Bridge, now Federal Street Bridge, has been rebuilt, widened, and the direction of the bridge slightly changed, making the angle with the bridge as now built seventy-six degrees three minutes, in place of seventy-five degrees as in the text. The abutment has not been changed. 274 HARBOR. 1853, c. 385, ~ 2. feet; thence northwestward till it intersects the east line of P street, extended northward, twenty-eight hundred feet from Fourth street; thence westward, towards the south corner of Arch wharf, till it intersects the harbor line aforesaid, on the east side of Fort Point Channel. This is the extreme line of any structure of any description whatever. The said lines thus described are the lines reported by the commissioners under reSee Resolves solves approved the third day of May, in the year one thousand channel lines. eight hundred and fifty, authorizing the appointment of commisI3, c. 385, ~ 2. sioners to define lines beyond which no wharves shall be extended into and over the tide waters of the commonwealth on the flats on the easterly side of Fort Point Channel, and the northerly shore of South Boston, and are drawn and defined upon a plan deposited by said commissioners in the State library.1 Restrictions as to 13. No solid structure or filling shall ever hereafter be building and Bfiing. extended beyond said inner line, marked A; and no wharf, pier, bid. ~ 3 or other structure whatsoever, shall ever hereafter be extended beyond said outer line, marked B, into or over the tide water of the commonwealth; nor shall any wharf, pier, or other structure whatsoever, on the inner side of either of said lines, be extended further toward said lines, or either of them, than such wharf, pier, or other structure now stands, or might have been lawfully extended or enlarged before the passage of this act, without leave being first obtained from the legislature; and the space between said lines shall be forever dedicated to dock purposes, in the shape of slips, wet docks, or basins, as the exigencies of commerce shall require, and the legislature shall hereafter order and direct. 2 Penalty. 14. Every person or corporation offending against the provisions of sections eleven, twelve, and thirteen, 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 dollars, for every offence; and any erection or obstruction which shall be made contrary to the provisions and intent of this act shall be liable to be removed and abated, as a public nuisance, in the manner provided by law for the removal and abatement of nuisances on the public highway. Lines between 15. The line between the Warren Bridge and the Boston W~arren Brid e,:sRotne sBi:eg and Roxbury Milldam, on the Boston side of the channel, begins 1 For additional lines on the southerly shore of South Boston, see stat. 1856, c. 293, ~ 4, pp. 263-265, ~ 35, post. 2 See United States harbor commissioners' fifth report, City Doe. 1863, INo. 35. HARBOR. 275 at the easterly end of the south abutment of Warren Bridge, snsailidm. and runs by the face of said abutment to the west angle of the I840' 83a'~ 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 northeasterly side of the bridge of the Boston and Lowell Railroad Corporation, at a point sixty-five feet from the south stone abutment of said bridge; thence straight to the westerly side of Canal Bridge, at the southerly side of the pier wharf on which the 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 northeasterly 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; 1 thence to a ledge of rocks,2 off against the end of See stat. 18)s, u Taylor's wharf at a point one hundred and eighty feet from t;> 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 Altered, see post street;3 thence, the line is straight, in a direction to a point on p 278,~ 2. 1 Not now known as Charles River Wharf Company's wharf, but forms a part of the solid filling between Canal Bridge and Vinal's wharf. The northeasterly corner referred to in the text, is a point on the present wall one hundred thirty-four feet seven inches from Canal Bridge, and the westerly corner is a point on said wall four hundred fifty-seven feet six inches from said bridge, measuring in the direction of said wall as now built. 2 The northerly corner of Taylor's wharf is to be taken for this point. 1860, c. 176. See post, ~ 44. 3 So much of this line as lies between the point in the " ledge of rocks off against the end of Taylor's wharf," and the northwesterly corner of the city's Jail wharf, was altered by act of 1860, c. 176. See post, ~ 44. West Boston Bridge has been rebuilt and widened, and the location of the draw changed. The distance from the brick building standing at the corner of Charles street referred to, is one hundred eighty-nine feet two inches, measuring on the southerly line of said bridge as now built. The Pier wharf, referred to in the text, now forms a part of the solid filling on the southerly side of said bridge, and the southwesterly corner referred to is a point in the said line distant eighty-five feet seven and one-quarter inches from the southerly line of the bridge as now built. 276 HARBOR. 1840, c. 3, ~3. the northerly side of the Boston and Roxbury Milldam, which point is eight hundred feet westerly from a brick building standing at the corner, on the easterly side of Char]es 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 milldam, 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 16. The line on the Charlestown side of the harbor begins Charlestown side of the harbor. at the southwest corner of the most westerly navy yard wharf in 1840,. 85, ~ 4. 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 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 passageway; 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 fiom 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. Lines on East 17. The line on the East Boston side of the harbor com1 This part of the line was altered by stat. 1841, c. 60, and further altered by stat. 1850, c. 317. See ~~ 20, 31, post, pp. 278, 284. HARBOR. 277 mences at a point on the East Boston flats, on the northerly side Boston side of the of Bird Island channel, which point is denoted by the letter A on harbor35. ~. the plan of the harbor, and is situated on a line in range with the southerly side of Sumner street, in said East Boston, and at the distance of eight hundred feet from the intersection of the east side of Jeffries street and southerly side of Sumner street; thence running westerly from said point, about one thousand feet to the point B situated in the division line between the upland lots numbered sixty and sixty-one, produced five hundred and seventy-five feet from the south side of Marginal street, or about eight hundred and eighty feet in said line from the south side of Sumner street; thence again westerly, on a straight line about two thousand feet to the point C, in range with the division line between the water lots of Peter Dunbar and Fettyplace and Lamson,1 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 2 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 point 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;3 the said point F being one hundred and seventy feet northeasterly from the southwesterly side of Sumner street, in the nortliwesterly side of a street forty feet wide,4 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 1 The Dunbar and Fettyplace and Lamson lots are now included in the Boston and Albany Railroad wharves. The division line between them was at right angles to Marginal street, and two hundred and forty feet southeastwardly from Cottage street. 2 The easterly boundary line of the Eastern Railroad Company's lot is at right angles to Marginal street, and thirty feet northwestwardly from the southeasterly line of Orleans street. 3 Now Holmes and Snelling. 4 Now called New street, and that part referred to in the text as being "forty " feet wide has been widened on the southeasterly side to eighty feet. 24 278 HARBOR. 1840, c. 35, ~ 5. 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,1 and in the range line of the northeast side of Maverick street, at the distance of seven hundred and fifty-six feet from the west side of Border street. From the point H the line continues straight about five hundred and seventy feet, to the point I, in the northerly division line of flats or water lots of the East Boston Timber Company,2 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.3 No wharf, &e.,to be 18. The same act prescribed that no wharf, pier, building, or extended beyond incumbrance of any kind should ever be extended beyond the the line, nor further towards the said line into or over the tide water in said harbor, nor should any linwith.out,'& wharf or pier which was then erected on the inner side of said Ibid. ~ 6. 7 Cush. 53. 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. Penalty. 19. Every person or corporation offending against the proIbid. ~7. visions of sections nine, ten, fifteen, sixteen, seventeen and eighteen, 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 dollars for every offence; Erection may be and any erection or obstruction which shall be made conabated as a trary to the provisions and intent of the said sections, shall nuisance. Ibid. 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. Alteration of line 20. By an act passed March 6, 1841, the line of that part of between westBos- the harbor of Boston lying between West Boston Bridge and the ton Bridge and the 1 Now McKay and Aldus'. 2 Now belonging to the East Boston Sectional and Dry Dock Company. 3 For additional lines from East Boston towards Breed's Island, see stat. 1856, c. 293, ~ 5, post, ~ 42, p. 289. HARBOR. 279 Boston and Roxbury Milldam, which was established by the act Boston and Roxof March seventeenth, one thousand eight hundred and forty, was br mc."da'n altered in part, and ordered thereafter to run as follows: that is to See ante, p 274. say, beginning at the southwesterly corner of the Pier wharf, situate on the southerly side of West Boston Bridge, and thence running southerly 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, running again southerly, but more westerly, in a direction to a point on the northerly side of said Boston and Roxbury milldam, which point is ten hundred and eighty-six feet distant from a brick building standing at the corner on the easterly side of n n y 3 ~~~~~~~~~~~~~~~1840, c. 35, ~ 3. Charles street and northerly side of Beacon street, until it comes 1841, c. 60. to a line running parallel with said milldamn, and two hundred feet distant from the northerly side thereof, then uniting with a line established by said last-mentioned act.1 21. By an act passed April 26, 1847, the lines described in the Additionallines three following sections were established as lines of the channel stablished. n 3 ~~~~~~~~~~~~~~~~~~~~~~1847, c. 278, ~ 1. of the harbor of Boston beyond which no wharf or pier should 7Cush. 53. ever be extended into and over the tide water of the commonwealth. 22. The first line is drawn from the southerly end of the island Firstline. built by the Boston and Maine Railroad Company, between the 1847,.278 ~ 2 channels of Charles River and Miller's River to the southerly corner of the northwesterly abutment of Canal (or Craigie's) bridge. The second line is drawn straight from the face of the said abut- econd line. ment of Canal bridge through a point on the northerly side ofid 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 side of the Boston and Roxbury milldam. The next line is drawn Thirdline. Ibid. from this last point westerly, parallel to said milldam and two thousand feet from said harbor line, to the northern shore of Charles River near its mouth. 23. The fourth line is in Miller's River, and is drawn from Fourth line. the south corner of the aforesaid Boston and Maine Railroad Ibid. ~3. 7 Cush. 53. Company's island northerly, along the westerly side of the same, and thence in the same straight line to the northerly side of the old channel. The fifth line is drawn from the point where the Fifth line. fourth line meets the northerly side of the said channel, north- 1847,. 278~ 3. westerly, northerly, and northeasterly, along the sea-wall recently built by the Charlestown Branch Railroad Company, to the 1 This part of the line was further altered by stat. 1850, c. 317. See p. 281, post, ~~ 25-28. 280 HARBOR. Sixth line. westerly projection of the State prison yard. The sixth line is 1847278 ~ parallel to the fourth line, and two hundred feet westerly. It extends from the channel of Charles River to the south side of Seventh line. the channel of Miller's River. The seventh line is drawn from the Ibid. 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 Eighth line. centre line of the Boston and Maine Railroad. The eighth line Ibid. is drawn from the northern extremity of the seventh to a point opposite the west end of the Fitchburg Railroad Bridge, and disNinthline. tant from the same three hundred feet. The ninth line is drawn Ibid. from the last-mentioned point to the northerly corner of the southeasterly abutment of the Boston and Lowell Railroad Bridge over Miller's River. Tenth line. 24. The tenth line is in South Bay, and is drawn from a Ibid. ~ 4. 7 Cush. 53. point on the south side of the South Free Bridge 1 (one hundred and fifty feet southeasterly of the southeasterly side of the draw), in a southerly direction, parallel to the Dorchester Turnpike Eleventhline. three thousand feet.2 The eleventh line is on the westerly side 184, c. 310, 1 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 eighteen hundred and twenty feet distant therefrom; thence on an arc of a circle of seventeen hundred feet radius, a distance of eight hundred feet, rwelfth line. to a point in the twelfth line, and tangent thereto. The twelfth 1847, c, 278, ~ 4. line is drawn from 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.3 Being the lines The said lines thus described are the lines reported by comcommissioners. missioners under the resolve passed the twenty-second day of March, in the year one thousand eight hundred and forty-five, See Resolves,; authorizing the survey of South Bay, Charles and Mystic 1845. c. 109. 1847, c. 278, ~4, rivers," and by said commissioners drawn and defined on plans by them taken and deposited in the library of the commonwealth. 1 Now called Dover Street Bridge. 2 By stat. of 1855, c. 310, the tenth line was to be changed on certain con ditions in said act expressed, if complied with within one year. The con ditions not having been complied with within the term mentioned, by stat. of 1856, c. 297, the time was extended two years; but said conditions were never complied with, and the act became void. But in " An act concerning the Old Colony and Fall River Railroad Company," passed April 3, 1861 (1861, c. 137, ~ 7, seepost, p. 291, ~ 45), the tenth line as in the text was altered on conditions therein expressed, and which have been complied with by said company. 3 For additional lines in South Bay, see stat. 1856, c. 293, ~ 2, on page 286, post, ~ 37. HARBOR. 281 25. It was prescribed by the said act that no wharf, pier, Nowharf, &c.,to building, or incumbrance of any kind should thereafter be ex- beontsenidelidn or tended beyond the said lines or either of them, into or over the furthertowards them. tide water in said harbor; nor should any wharf or pier which Ibid. 5. was then erected on the inner side of either of said lines be ex- 7 Cush. 53. tended 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. 26. Every person offending against the provisions of the five Penalties. preceding sections shall be deemed guilty of a misdemeanor, 1847 c. 278,~6. 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 erection or obstruction which shall be made contrary to Erections to be the provisionsand intent of the said last-mentioned sections shall abateads be liable to be removed and abated as a public nuisance, in the Ibid. manner heretofore provided for the removal and abatement of nuisances on the public highway. 27. In that part of the harbor of Boston lying between East Lines in Chelsea Boston and Chelsea, and known as Chelsea Creek, the lines de- Creek estabished. scribed 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 See Resolves, eight hundred and forty-eight, " to define, upon a plan or plans, 1848, c. 84. 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 State 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. 28. The line on the East Boston side of said creek, com- Line onEastBosmences at a point on the westerly side of East Boston, which point lto, side. 1849, c. 204. ~ 2. 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 tLirty-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 24* 282 HARBOR. Line on East Bos- forty degrees with the northerly side of said Condor street; ton side. 4,. 24, 2. thence again northeasterly, about nine hundred and ninety-six 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, fron 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 forty-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 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 Mills Company's wharf, said corner being at the distance of eight hundred and sixty feet.fron 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 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 fifty-eight feet northerly from the face of the south abutment of said bridge.1 1 The abutment referred to is two hundred and eighty-six feet from the intersection of the northwesterly line of the straight part of Chelsea street and the southwesterly line of the bridge. HARBOR. 283 The line on the Chelsea side of said creek commences at a Line onChelsea point on the west side of Chelsea Free Bridge, situate two hundred' de 24, ~2. 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 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 WVinnisimmet 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 of 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 284 HARBOR. 1849, c. 204, ~2. 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 fiom the intersection of the Winnisimmet Company's existing sea-wall, on the westerly side of the 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 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, firom a point in said side of said bridge four hundred and ten feet south of the north abutment of said l)ridge.1 No wharf, &c., 29. The same act prescribed that no wharf, pier, or structure shall be extended beyond said lines. of any kind, should ever thereafter be extended beyond said lines, Ibid. ~3. into or over the tide water in said part of said harbor. Penalty. 30. Every person offending against the provisions of the three Ibpreceding 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 Erection may be more than one thousand dollars, for every offence; and any erecabated as a nuisance. tion or obstruction which shall be made contrary to the provisions ibid. 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 West 31. By an act passed May 3, 1850, the line of that part of the Boston Bridge and Boston and.ox- harbor of Boston lying between West Boston Bridge and the bury smildam Boston and Roxbury Milldam, which was established by an act further altered. 1850, c. 317, ~ 1. passed on the seventeenth day of March, one thousand eight hunS 2Ste, pan 2-74 dred and forty, and altered by an act passed on the sixth day of 275, 278, and 279. 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 wharf2 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 milldam, 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 run1 For additional lines on the Chelsea side exten.ing westerly up the Mystic River to Malden bridge, see stat. 1856, c. 293, ~ 3, on p. 287. 2 Pier wharf has been removed, and the point of beginning in the text is a point in the commissioners' line as established in 1840, eighty-five feet and seven and one-quarter inches southerly of the present southerly side of West Boston Bridge. HARBOR. 285 ning parallel with said milldam, and two hundred feet distant from 1850, c. 317, ~. the northerly side thereof; then uniting with a line established by said act passed on the seventeenth day of March, one thousand See 1840, c. 3. eight hundred and forty. 32. By the same act it was prescribed that no wharf, pier, No wharf, &e.. to be extended bebuilding, or incumbrance of any kind should, after said third day yond said line. of May, eighteen hundred and fifty, be extended beyond said line 1850,. 317, ~2 established in the preceding section, into or over the tide water in said harbor. 33. The proprietors of the wharves and flats lying between Proprietors authorized to extend West Boston Bridge and the Boston and Roxbury milldam were wharves&C, &., thereby authorized to extend their wharves and the lines of their saidline, provide, respective flats to the said last-mentioned line, in a direction at Ibid.~3. right1 angles thereto; provided that no person's legal rights shall 1860, c.137, ~. be infringed thereby. 34. The three preceding sections are to take effect only if Not totake effet and on condition that the proprietors of said wharves and flats unlss a sea-wll s shall cause a good and substantial sea-wall to be built and 1850, c. 317, ~ 4. See 1860, 137, poet, maintained on said last-mentioned line through its whole length. See86, 13 po. 35. By an act passed in 1864 (chap. 310), the following lines Lines in South were established in South Bay, viz: The lines in South Bay corm- sBac.0,,. mence at the mouth of the Roxbury' canal in the town of Roxbury, at the northwesterly corner of the stone wall, thence running easterly on an arc of a circle of seventeen hundred feet radius, a distance of one hundred and sixty feet to a point one hundred and thirty-one feet distant from the terminus of the " twelfth line," as described in the fourth section of the two hundred seventy-eighth chapter of the acts of the year eighteen hundred forty-seven, and perpendicular thereto; thence easterly, on an arc of a circle of seventeen hundred feet radius, a distance of sixteen hundred and fifty-two feet, to the most northeasterly corner of Heath and Company's wharf; thence along the present line of said wharf, to the most southeasterly corner of the same; thence seven hundred and seven feet in the direction of a line drawn from the last-mentioned corner, to a point on the southeasterly rail of the Boston, Hartford, and Erie Railroad bridge, which point is distant forty-nine hundred and eighty-seven feet southwesterly from the southwesterly rail of the Old Colony Railroad bridge, measuring on the said southeasterly rail; thence on an arc of a circle of six hundred feet radius, a distance of eighteen 1 By stat. 1860, c. 13T, ~ 1, on p. 289, post, the proprietors were authorized to extend their wharves and the lines of their flats in the direction in Which said lines of their respective flats were originally established between said proprietors. 286 HARBOR. i64, c. 310, ~ 3. hundred and eighty-four feet, to a point eleven hundred and thirty-two feet distant from the westerly side of Dorchester turnpike and perpendicular thereto, and at a point of five hundred and twenty feet southerly from the intersection of the westerly side of Dorchester turnpike and the westerly side of Dorchester street; thence in a straight line to the southerly terminus of the "tenth line," as described in the fourth section of the two hundred seventy-eighth chapter of the acts of the year eighteen hundred Lines indicatedon forty-seven. The lines established by this act, so fir as they vary bplan. from existing lines, are indicated by red lines upon plan C, annexed to the report of the commissioners on harbors and flats, printed in senate document number one hundred and twentyfive, 1864. Boston, Hartford,l 36. So much of the railroad of the Boston, Hartford and Erie ahowd buiieilroad Railroad Company as is located outside of the harbor lines estabIbid. ~. lished by law in the South Bay, and so much thereof as is located upon the South Boston flats inside the commissioners' lines of solid filling, shall be constructed upon solid filling, or upon piles, as shall be determined by the governor and council. No wharf, &c., to 37. The following provisions of chap. 293 of the acts of 1856, be extended beyond saidline. were applied to the lines established by the act of 1864, viz: That 18s6,.293, ~i6. no wharf, pier, or building, or incumbrance of any kind, should Present wharves, &c., not to he ex- ever thereafter be extended beyond the said lines into or over the tended ithout tide water in said harbor. Also, that no person should thereafter leave, &e. Ibid. ~ 7. enlarge or extend any wharf or pier which was then erected on the inner side of the said lines further towards the said lines than such wharf or pier then stood, or than the same might have been lawfully enlarged or extended before the passing of said act, without leave first obtained in due form of law. Excavations to be 38. By the same act it was further prescribed that no person made when new structures are should thereafter build or extend any wharf, pier, or other strucextended,&c. ture, in any part of the harbor of Boston, beyond the riparian lines, unless such person shall excavate from the fiats in said harbor adjacent, between high and low water mark, a quantity of material equal in bulk to the quantity of water displaced by said structure, unless by authority of the legislature. Persons offending 39. It was further provided in said act that every person to be dee i ed guilty of misde- offending against the provisions of the same should be deemed meanor', &. guilty of a nisdemeanor, and should be liable to be prosecuted Ibi(i. ~ 9. Penalty, &c. therefor by indictment or information, in any court of competent Ibid. jurisdiction, and on conviction should be punished by a fine not less than one thousand dollars nor more than five thousand dollars, for every offence; and that any erection or obstruction which should be made contrary to the provisions and intent of said act, should be liable to be removed and abated as a public HARBOR. 287 nuisance in the manner heretofore provided for the removal and 1s8, c. 293, ~ 9. abatement of nuisances on public highways. 40. By an act passed June 6, 1856, the lines in Mystic River Lines in Mystic Bi iver. are thus described and established, viz: Beginning at a point bid. e3. denoted by letter A, on plan number three of the harbor commissioners of eighteen hundred and fifty-four, which is on the'northwesterly side of Chelsea Bridge, distant four hundred and sixty Line on Chelsea side southeast of feet northeastwardly from the northeasterly draw in said bridge; Chelsea Bridge. thence the line runs in a southeasterly direction, making an angle Ibid. ~3. of eighty-seven degrees and thirty minutes (taken from a south- See ate, p. 283. westerly to a southeasterly direction), with said bridge to the point B, situated at the intersection of this line with the commissioners' line of eighteen hundred and forty-nine. Beginning again at the Lines on Chelsea -:D n... I'lside between the point A, first mentioned, the line runs in a westerly direction two bridge and Island thousand and twenty feet to the point C, making an angle of sixty- End River. two degrees and fifteen minutes (taken from a southwesterly to a westerly direction,) with said bridge; thence northwestwardly four hundred and thirty feet to the point D, near the easterly side of the mouth of Island End River, making an angle of one hundred and forty-five degrees and thirty minutes (taken from an easterly to a northwesterly direction), with the line last described. Then beginning at the point E, on the southeasterly side of Lines between distn s h- an f - Malden Bridge and Malden Bridge, distant six hundred and fifty feet northeastwardly Island End River. from the draw in said bridge, the line runs in an easterly direction Ibid. twenty-five hundred feet to the point F, making an angle of eightyone degrees and thirty mintues (taken from a northeasterly to a southeasterly direction), with said bridge; thence eastwardly sixteen hundred and fifty feet to the point G, near the westerly side of the mouth of Island End River, making an angle of one hundred fifty-six degrees and thirty minutes (taken from a northwesterly to an easterly direction), with the line last described. The line on the southwesterly side of the channel begins at the Line on the southwest side of point H, on the most easterly corner of the wall of Tuft's Mill Mystic River. Pond, said point being the beginning of the line of solid structure, southeast of Malden Bridge. as described in chapter one hundred and five of the acts of s86, c. 293, ~ 3. eighteen hundred and fifty-two, authorizing the city of Charlestown and others to fill up certain flats in Mystic River; thence the line runs northwestwardly along the northeasterly side of the said wall of Tuft's Mill Pond to the point I, on the southeasterly side of Malden Bridge, said point being at the intersection of said wall and bridge; providing, that the proprietors bounding on said line Proviso. from H to I may extend piers from said line to the channel.' 1 For provisions as to the extension of new wharves, piers, &c., and of existing wharves, piers, &c., also as to excavations to be made in case of new structures being extended, and penalties for offending against said provisions, see stat. 1856, c. 293, ~~ 6, 7, 8, and 9; being ~~ 31, 32, 33, ante. 288 HARBOR. Lines in Dorches- 41. By an act passed June 6, 1856, the following lines in DorNter Bay and chester Bay and Neponset River were established as lines beyond 1856, c. 293, ~ 4. which no wharf or pier should ever thereafter be extended into and over the tide waters of the commonwealth, viz: The line from South Boston Point, through Dorchester Bay and Neponset River, commences at the termination of the line of the commissioners of eighteen hundred and fifty-one, denoted by letter A on plan number four of the harbor commissioners of eighteen hundred and fifty-four, and is situated in the northerly line of Fourth street extended eastwardly and fourteen hundred feet from the easterly line of P street; thence the line runs in a southerly direc. tion, parallel with P street, seven hundred feet to the point B; thence southwestwardly to the point C, in the westerly line of P street extended southwardly,. and five hundred and thirty feet from the southerly line of Sixth street; thence southwestwardly again to the point D, in the easterly line of M street extended southwardly, and thirteen hundred feet from the southerly line of Eighth street; thence westwardly parallel with Eighth street to the point E, in the easterly line of Old Harbor street extended southwardly; thence southwardly fourteen hundred feet to the point F, in the easterly line of Old Harbor street extended southwardly; thence eastwardly, making an angle of one hundred and, four degrees (taken from a northerly to an easterly direction), with the line last described to the point G, in the easterly line of M street extended southwardly; thence thirty-two hundred feet to the point H, in the easterly line of M street extended southwardly; thence southwestwardly thirty-eight hundred and fifty feet, making an angle of one hundred and twenty-four degrees, (taken from a northerly to a southwesterly direction), with the line last described to the point I; thence westwardly to the point J, on the easterly side of the Old Colony Railroad bridge, near Glover's Tide Mill Pond, distant four hundred and thirty feet northwardly from the draw in said bridge; then southwardly, along the easterly side of said bridge six hundred feet to the point K, thence southeastwardly to the point L, distant two hundred' feet from the northeasterly corner of Ranstead Dearborn and Company's wharf (as at present built), measuring at right angles with the northeasterly end of said wharf; thence southwardly to the point M, distant thirteen hundred and fifty feet from the northeasterly rail of the Old Colony Railroad, measuring at right angles therewith, from a point distant four thousand feet northwestwardly from the draw in their bridge over Neponset River; thence southeastwardly to the point N, distant twelve hundred feet from said rail, measuring at right angles therewith, from a point distant thirty-three hundred feet northwestwardly from said draw; thence southeastwardly again, to the point 0, distant HARBOR. 289 seventeen hundred and fifty feet from said rail, measuring at right 185o, c. 293, ~ 4. angles therewith, from a point distant sixteen hundred feet northwestwardly from said draw; thence southwardly to the point P, distant twelve hundred feet from said rail, measuring at right angles therewith, from a point distant three hundred feet northwestwardly from said draw; thence southwestwardly to the point Q, on the southeasterly corner of James Jenkins's wharf (as at present built); thence to the point R, on the southeasterly corner of William H. Chamberlain's wharf (as at present built); thence along the southeasterly end of said Chamberlain's wharf, and of Edward Preston's wharf (as at present built), to the point S, on the easterly side of the Neponset bridge.1 42. By an act passed June 6, 1856, the following lines be-.inesfrom East Bosloss towards tween East Boston and Breed's Island were established as lines Boeetls ITsld. beyond which no wharf or pier should ever thereafter be extended Ibid. ~. into and over the tide waters of the commonwealth, viz: The line from East Boston in the direction of Breed's Island, commences at the termination of the line of the commissioners of eighteen hundred and forty, denoted by the letter A, on the plan number one of the harbor commissioners of eighteen hundred and fiftyfour, and is in the southwesterly line of Sumner street extended southeastwardly, and eight hundred feet from the southeasterly line of Jeffries street; thence the line runs easterly to a point in the northeasterly line of Everett street, continued southeastwardly, and distant sixteen hundred and ten feet from the southeasterly line of Jeffries street; thence the line runs northerly to a point in the line of the northeasterly side of Neptune street continued southeastwardly, and distant fifteen hundred feet from the southeasterly line of Shirley street; thence the line runs straight northeastwardly to the point B, on the southwesterly shore of Breed's Island, distant twelve hundred and fifty feet from the southeasterly line of Saratoga street extended northeastwardly, measuring at right angles therewith, from a point distant thirteen hundred feet from the southwesterly line of Trumbull street. 43. By an act passed March 31, 1860, entitled "An act in At concerning flats between West addition to an act concerning the harbor of Boston," it is declared Boston Brd.e and that so much of the third section of an act entitled " An act in the Milldam. addition to an act concerning the harbor of Boston," passed on the ~ third day of May, in the year one thousand eight hundred and fifty, 1 For provisions as to the extension of new wharves, piers, &c., and of existing wharves, piers, &c., also as to excavations to be made in case of new structures being built or extended, and the penalties for offending against said provisions, see stat. 1856, c. 293, ~~ 6, 7, 8, and 9, being ~~ 31, 32, 33, ante. 25 290 HARBOR. Repeal of the pro- as provides that the proprietors of the wharves and flats, by said tons of former act authorized to be extended, shall extend said wharves and the See 31, ante. lines of their respective flats in a direction at right angles to the Proprietors' lines D to be extended in line established by said act, is hereby repealed; and the proprietors their original of said wharves and flats are hereby authorized to extend their direction. Ibid. wharves and the lines of their respective flats to the line established by said act, in the directions in which said lines of their respective flats were originally established between said proprietors. City of Boston] Also, that whenever the said proprietors lay out or approay acceptpand priate for any street or streets any portion of the said flats or lay out as public streets such parts wharves, the city of Boston may at any time accept and lay out of said flats as the proprietors may as and for a public street or streets the portion or portions of appropriate said flats or wharves by said proprietors so laid out and approtherefor. 1860, c. 137, ~ 2. priated, or any part of the same, which portions, so accepted, shall thereupon and without any further act of the said proprietors, and without any compensation to them or any of them therefor, vest in the said city of Boston. Sea-walls to be Said act further prescribes that each and every one of the built within two years fromnMarch said proprietors of said flats, or of any part thereof, who, at the 31, 1860, under expiration of two years from the passage of this act, have failed forfeitures, &c. Ibid. ~3. or neglected to cause a good and substantial sea-wall to be built and maintained in front of his or their respective flats on the line established by said act, passed on the third day of May, in the year one thousand eight hundred and fifty, shall forfeit all rights acquired under said act last mentioned or under this act. New line between 44. By an act passed April 4, 1860, entitled " An act concerncTylor's harfnd ing the harbor of Boston," so much of the commissioners' line 1.61,. c. 176. established by the third section of chapter thirty-five, of the acts Se5.15ante, of the year eighteen hundred and forty, as lies between the point in the ledge of rocks off against the end of Taylor's wharf, mentioned in said act, and the northwesterly corner of the city's Jail wharf, shall be deemed and taken as commencing at the northwest corner of Taylor's wharf, which point is five hundred and fourteen feet from the corner on the northwesterly side of Brighton street and northerly side of Poplar street; and thence running straight to the northwesterly corner of the city's wharf, situated west of the jail, which point is sixty-six feet westerly of Charles street; and the same is hereby established as the line of the channel of the harbor of Boston between said two points, beyond which no wharf or pier shall ever hereafter be extended into and over the tide water of the commonwealth. This line is defined on a plan made by James Slade, city engineer of Boston, dated March thirtieth, eighteen hundred and sixty, and deposited in the State library. HARBOR. 291 45. By an act passed April 3, 1861, the line described in New "tenth line" section first of " An act in addition to an act entitled An act con- in South Bay. 1861, c. 137, ~ 7. cerning lines in Boston harbor," passed May seventh, eighteen s1l5, c. 30, ~1. 1847, c 278, ~ 4. hundred and fifty-five, was thereby established instead of the see ~24 a.t. tenth line described and established in and by section fourth of the act passed April twenty-six, eighteen hundred and fortyseven,1 entitled " An act concerning lines in Boston harbor," and is described as follows, that is to say: It shall begin at a point on the Description of line. south side of the South Free Bridge2 ninety-eight feet seven 8 ~ inches easterly from the easterly side of the draw in said bridge;3 and thence be drawn in a southerly direction to the point where the tenth line as heretofore established by said act of April twentysixth, eighteen hundred and forty-seven, had its southerly termination, being the point denoted by the 1,tter G, on plan of the harbor number two of the commissioners of eighteen hundred and fifty-four. It was prescribed Iby the said act that the Old Colony and Old Colony and Fall River Railroad Fall River Railroad Company should be authorized and required, Company to build within two years from April third, eighteen hundred and d sixty- wallandremove projections. one, to build on said line thereby established from the South 1861, c. 17,~7. Free Bridge, a solid stone wall, and also to remove any portion of a stone wall which projects beyond the line established. HARBOR REGULATIONS. 46. No vessel which shall cast anchor in the harbor of Boston, Novessel to anchor between India wharf and Gray's wharf, shall anchor within five certxinlits. hundred feet of the line described in the second section of an 1847,. 234, ~ 1. act entitled "An act to preserve the 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 harbor See p. 276, etseq., of Boston," passed the seventeenth day of March, in the year one ante 1 In the act of 1861, c. 137, ~ 7, the act referred to in the text is erroneously described as an act " passed April 2, 1842," no act of that date relating to the subject-matter having been passed. 2 Now called Dover Street Bridge. 3 The bridge and draw have been rebuilt and changed since 1855, and the distance of the point of beginning of said tenth line from the easterly side of the present draw is ninety-six feet and six tenths, measuring on the southerly side of said bridge. 292 HARBOR. 1847, c. 234, ~1. thousand eight hundred and forty, unless for the purpose of hauling in as soon as practicable, to some wharf in said harbor, or unless compelled to do so by reason of stress of weather, or Exception. unavoidable casualty; and, for every offence against either of the Peidty. foregoing provisions in this section, after having been notified thereof by the harbor master who may be appointed as hereinafter mentioned, 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 at 47. The master, commander, or owners of every vessel shall,, c e34, ~2. as soon as practicable after having hauled to the end of any wharf see 1848, c. 114, ~3; that extends to the channel in said harbor, cause her lower yards additional provi- to be cockbilled, and her jib-boom to be rigged in, so that the said additional provi- ab 8ions. 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 Ibid. 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 throw- 48. No person shall throw or deposit in said harbor, or any ig -tones.a&t., intg stones rr. part thereof, any stones, gravel, ballast, cinders, ashes, dirt, mud, 1847, c. 234, ~ 3. or other substances which may in any respect tend to injure the ale18,.814pst' navigation thereof; and whoever shall offend against the provisions of this section shall be subject to a penalty not exceeding fifty dollars. Regulation of 49. No warp or line shall be passed across the mouth of any warps and ls. slip, for the purpose of hauling a vessel by said slip, before the 1847, c. 234, ~ 4. 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 mentioned, shall have decided it to be Penalty. necessary; and for every offence against this provision the Ibid. master, commander, or owners of such vessel shall be subjected to a penalty not exceeding five dollars. City council may 50. The city council of the city of Boston may, if they shall appoint a harbor deem it expedient, annually appoint, by concurrent ballot in each master. 1847, c. 234, ~ 5. board, a harbor master for the port of Boston, who shall hold his ee ~64,post, office for one year, and until another shall be appointed in his place, or until he shall be removed by said city council; and Bond. before entering upon his office he shall give bond to the said city, with sufficient sureties, to the satisfaction of the mayor and aldermen, in the penal sum of two thousand dollars, conditioned for the faithful discharge of the duties of said office; and in case of the sickness or disability of the said harbor master he may appoint a HARBOR. 293 deputy, subject to the approval of said mayor and aldermen, to He may appoint a deputy, in case, &e. perform his duties during such sickness or disability; and said 1ds47, c.23ic harbor master shall be allowed and paid quarterly, out of the city Compensation. Ibid. treasury, such salary for his services as said city council shall from time to time establish. 51. It shall be the duty of the said harbor master to enforce His duties and the execution of the several provisions of this section and the five auitority. Ibid. ~ 6. 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. 52. All the several penalties mentioned in the six preceding Recovery of penalties. sections may be recovered by complaint before the police court1 of abid. ~7. the city of Boston, or by indictment, for the use of the said city. 53. The harbor master authorized to be appointed, by section Harbor master's fifty-eight, shall have authority to regulate the anchorage of all further authority. 1848, c. 314, ~ 1. vessels in the upper harbor of Boston, and, 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 Penalty for obmaster in the performance of any of his duties, as prescribed by structing him in the performance of this, the seven preceding, or the three succeeding sections, or hisduties, orfor neglect to obey his shall neglect or refuse to obey any lawful order made by said orders. IHow tobe harbor master, he shall be liable to a penalty not exceeding fifty recovered. dollars for each offence, to be recovered by indictment, for the use of the city of Boston. 54. Whenever any person on board of any vessel shall vib- Master or owners liable fbr throwin late the provisions of the forty-eighth section, the master or lstones &t, in owners of said vessel shall be liable to the penalty prescribed harbor. in said last-mentioned section, as well as the person so offend- ing. 55. The provisions of the forty-seventh section shall apply to Yardsof vessels at wharf to be cockall the yards of vessels as well as the lower yards, anything in billed,&c. said last-mentioned section to the contrary notwithstanding. Ibid. ~3. 56. All vessels at anchor in the harbor of Boston shall keep essels in harbor to keep an anchor an anchor watch at all times, and shall keep a clear and distinct watch, and light. 1 Now Municipal Court. 25* 294 HARBOR. Penalty;how to be light, suspended at least six feet above the deck, during the Irecbiod. night; and whenever the provisions of this section shall be vioIbid. ~ 4. lated on board any vessel, the master or owners shall be liable to a penalty of not more than twenty dollars, to be recovered in the manner provided in section fifty-two, and shall be held liable to pay all damages that may be occasioned by such violation. No ashes, &c., to be 57. No ashes, cinders, or other rubbish or materials of any thrown into the description shall be put or thrown out of any steamboat in the harbor. 1837, c. 229, ~7. harbor of Boston above Fort Independence, under a penalty of ten dollars for each offence.' Penalty for carry- 58. By an act passed June 6, 1856, it is prescribed that.any ing away stones, gravel, &c. person who shall take, carry away, or remove, by land or water, 1856, c. 301, ~. any stones, gravel, or sand from any of the beaches, headlands, or islands within or bordering upon Boston harbor, without a license therefor from the mayor and aldermen of the city of Boston, shall for each offence forfeit a sum not exceeding twenty dollars, to be recovered by complaint or indictment, in any court of competent jurisdiction.2 Limits of Boston 59. The same, act declares that Boston harbor, for the purharbor for certain purpos erta poses of that act, shall be deemed to extend to a line drawn from Ibid. ~~2,3. the outer end of Commercial point in the town of Dorchester, direct to the outer end of Point Alderton in the town of Hull; thence to the outer end of the outer Brewster Island, and thence direct to the Short Beach, at the division lines between the towns Inconsistent acts of North Chelsea and Winthrop. All acts and parts of acts inconrepealed. sistent with said act are repealed. Ibid. ~ 3. Limits of concur- 60. By an act relating to criminal jurisdiction in Boston harrent criminal jurisdictionin bor, passed March 27, 1858, it is declared that the courts in the Boston harbor by county of Suffolk shall, concurrently with the courts of other courts of the county of Suffolk counties in which the territory hereinafter described is situated, with courts of have jurisdiction of all crimes, offences, and misdemeanors which other counties. 1858, c. 135. shall be hereafter committed on either of the islands or any of the G..17, ~10. waters in Boston harbor which lie westerly of a line drawn from 1 For further provisions as to Boston harbor, see Resolves of 1850, cc. 27 and 111; 1852, c. 79; 1854, c. 361; 1855, c. 60. 2 Chapter 168, of the acts of 1834,. provides that "if any person shall wilfully carry away from any island within the harbor of Boston, or from any beach adjacent thereto, any earth, gravel, stone, or other material composing such island, or beach, without the consent of the owner thereof, the person or persons so offending shall forfeit and pay for each offence, to the use of the commonwealth, a sum not exceeding one 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." See 11 Met. 55. HARBOR. 295 Point Alderton to the easternmost point of the outer Brewster isss, c. 135. Island, and from thence to Short Beach, at the line dividing the towns of North Chelsea and Winthrop; and all such crimes, offences, and misdemeanors may be prosecuted and punished in the courts in the county of Suffolk as fully and effectually as they might be prosecuted and punished therein if the said islands and waters were within the territorial limits of the county of Suffolk. 61. By an act passed March 5, 1860, it is prescribed that any Mooring to buoys person or persons who shall moor any vessel, scow, boat, or raft guides prohibited. to any buoy or beacon or floating guide, placed by the United 1860, c-53. ~. States in the navigable waters of this commonwealth, or who shall in any manner make fast thereto any vessel, boat, scow, or Penalty. raft; shall forfeit and pay a sum not exceeding fifty dollars; and Penalty for wilful any person or persons who shall wilfully destroy, injure, or destruction of buoys, beacons, or remove any such beacon or guide, shall forfeit and pay a sum not guides. exceeding one hundred dollars, or be imprisoned in the common bid. jail not exceeding three months. Said forfeitures may be Forfeitures, how recovered. recovered by an action of tort, complaint, or indictment, before 186s0,., 2. any court competent to try the same; one-third accruing to the informer or complainant, and the other two-thirds to the county in which the trial shall be had. 62. By an act passed March 19, 1862, it is provided that every No raft, &c., to be moored to any person who shall attach or moor any raft, or collection of spars, private bridge, logs, piles, timber, or lumber to any bridge, pier, or wharf in the wharf, &c., except harbor of Boston, longer than ten hours, without the written 1862, c. 73, ~ 1. consent of the owner thereof, shall for every such offence forfeit and pay to such owner a sum of not less than twenty-five Penalty. dollars, and five dollars for every successive day during which Ibid.~2. such attachment or mooring shall be so continued; and shall be further liable for all daniages to such bridge, pier, or wharf, caused by such attachment, or mooring, or any continuance thereof, to be recovered by an action of tort. 63. Every person who shall attach or moor any raft, or No raft, &c., to be collection of logs, spars, piles, timber, or lumber to any public plred to an n I I s, ~~~~~~~~~~~~~~~public bridge, &c., bridge in the harbor of Boston, for more than ten hours, without except,&c. Ibid. the permission in writing of the mayor of Boston, shall be liable Seebridges, cate, to a penalty of not less than twenty-five dollars, and five dollars P. 78. for every succeeding day during which such attachment or mooring shall be so continued; to be recovered by complaint before the police court of the city of Boston. 64. By an act passed March 11, 1862, it is provided that Harbor master to be appointed by the harbor master for the port of Boston shall hereafter be mayor and alderappointed by the mayor and aldermen of the city of Boston, men; his dutie prescribed by city instead of the city council of said city; and he shall continue to council. have all the powers, and be subject to all the duties, liabilities, 182,e064,~~ 1,4. 7 S~~~~~~~~~~~~lte ee ~ 0, anste. 296 HARBOR. i862, c. 64, ~~, 4. and obligations which now appertain by law to the said office; and the city council of the city of Boston may make and ordain all such ordinances, rules, orders, and regulations for prescribing the duties, and controlling the action of the said harbor master, as they shall deem expedient; provided, such ordinances, rules, orders, and regulations are not repugnant to law; and they may, if they shall deem it expedient, provide by ordinance for adding to the duties of the said harbor master the duties of captain of the harbor police. The act is to take effect as soon as the same shall be accepted by the city council of the city of Boston;l and all acts and parts of acts inconsistent with the provisions of the act are repealed. HARBOR COMMIISSIONERS. Board of harbor 63. By an act passed April 12, 1866, the legislature established commissioners established. a board of harbor commissioners,2 to have the general care and 1866,c. 149, ~~1,2. supervision of all the harbors and tide-waters, and of all the flats and lands flowed thereby, within the commonwealth, — except the Back Bay lands, so called, in the city of Boston,-in order to prevent and remove unauthorized encroachments and causes of every kind which are liable to interfere with the full navigation of said harbors, or in any way injure their channels, or cause any reduction of their tide-waters; and in order to protect and develop the rights and property of the commonwealth in said flats and To make surveys. lands. They may, from time to time, make such surveys, examOffice. P ans. inations and observations as they may deem necessary in any harbor for said purpose; and employ for these purposes competent engineers, and also employ such clerical and other assistance as they may think necessary. They shall inquire as to the riparian rights of the owners of land on the northerly shore of South Boston, both as to the flats lying between said shore and the channel, and the rights of navigation over the same; and to ascertain whether said rights can be extinguished or harmonized with rights claimed by the commonwealth; to prepare a plan for the improvement of said flats; and report to the next legislature. They shall have an office in Boston, where the maps, charts, and plans connected with 1 The above act has not been accepted by the city council. 2 The five commissioners authorized by the act were appointed by the governor June 29, 1866, the Hon. Josiah Quincy being chairman. The annual reports made by the board to the legislature may be found in the house docs. numbered 20, 1867; 10, 1868; 13, 1869. For reports of U. S. commissioners on Boston harbor, see city docs. numbered 34, 1860; 37, 1860; 97, 1860; 12, 1861; 62, 1861; 63, 18b1; 35, 1863; 53, 1863; 33 and 34, 1864; 28, 1865; 50, 1866. HARBOR. 297 the harbors, records of all their doings, and all documents relating 1866, c. 149', ~ i, 2. to their business, shall be kept. 66. Whenever in the judgment of the said board of commis- To prescribe sioners the public good requires, they may proceed to prescribe Ibiord. 3. harbor lines in any of the harbors of this commonwealth, beyond which no wharf, pier, or other structure shall be extended into such harbor, and shall report the same for the consideration of the legislature at its next session; provided, however, that said commissioners, before drawing any such line, shall appoint a convenient time and place for the hearing of all parties interested, and shall give notice thereof by publication three weeks successively in two or more newspapers, one of which is published in Boston, and one in the county where such harbor is situated, the first publication to be at least thirty days before the time of hearing. 67. All persons that have been or may be authorized by the Toapprove all authorized works legislature to build over tide-waters any bridge, wharf, pier or in harbols. CwIdam, or to fill any flats, or to drive any piles below hiogh-water pensation frdis~ J l -~ placed tide-water. mark, who have not already begun such work, shall, before Ibid. ~4. beginning it, give written notice to the harbor commissioners of the work they intend to do, and submit plans of any proposed wharf or other structure, and of the flats to be filled, and of the mode in which the work is to be performed; and no such work shall be commenced until the plan and mode of performing the same shall be approved in writing by a majority of the said harbor commissioners. And the said commissioners shall have power to alter the said plans at their discretion, and to prescribe the direction, limits and mode of building of the wharves and other structures, to any extent that does not diminish or control the legislative grant; and all such works shall be executed under the supervision of the commissioners. The amount of tide-water displaced by any structure or filling of flats, hereafter authorized as aforesaid, shall be ascertained by the harbor commissioners; and they shall, in all cases affecting the harbor of Boston, and in cases affecting other harbors, if they shall deem it necessary, require the parties making the same to make compensation therefor, either by excavating in some part of the same harbor where the work is performed, including tide-water channels, between high and low water mark, to such an extent as to create a basin for as much tide-water as may be displaced by such structure or filling of flats; and the same shall be done under their direction, or by paying, in lieu of performing the work of dredging to restore the displaced tide-water, a sufficient sum of money for making such compensation, or by improving the harbor in any other mode to the satisfaction of the commis 298 HARBOR. 1866, 149, ~4. sioners; and all money thus paid shall be paid into the treasury of the commonwealth, and be reserved as a compensation fund for the harbor, where such compensation is to be made, and used for that purpose under the direction of the commissioners; providced, that all dredging made for purposes of such compensation for displaced tide-water shall in no wise injure any existing channels, but as far as practicable shall be directed towards their permanent improvements. unauthorized 68. All erections and works hereafter made without authority works to be deemed nuisances. from the legislature, or in any manner not sanctioned by the ibid. 5. board of harbor commissioners, where their direction is required as hereinbefore provided, within tide-waters flowing into or through any harbor, shall be considered a public nuisance and liable to indictment as such. The board of harbor commissioners shall have power to order suits on behalf of the commonwealth, to prevent, or stop by injunction or otherwise, any such erection or other nuisance in the tide-waters which flow into or through any harbor in the commonwealth, or thus to prevent or stop the removal of any material from any bar or breakwater of any such harbor; and the attorney-general and district-attorneys within their districts shall commence and conduct such suit. Plan for improve- 69. By resolves passed May 18, 1866, the legislature adopted ment of South Boston flats, a plan for the improvement of the South Boston flats, the main adopted by legisla- features of which were an extension of the wharves on the westture. 18;6,. 81, Resolves. erly side of Fort Point channel, for the purpose of giving a proper direction to the current; the construction of a sea-wall on the easterly side of Fort Point channel, which should inclose the flats on the northerly shore of South Boston as far as slate ledge; and extensive excavations in the tidal reservoirs of Boston harbor to compensate for the tide-water displaced by the occupation of the flats. The harbor commissioners were directed to ascertain and report to the next legislature the cost of carrying out the improvement according to the plan adopted; and were authorized to contract with the city of Boston for the construction of the whole or any part of Eastern avenue.1 Harbor commis- 70. By an act passed June 1, 1867, the harbor commissioners sioners authorized t ontract otbrthe were authorized and empowered to contract for the construction construction ota of a continuous sea-wall on the South Boston flats, according sea-wall on South Boston flats. to plans and specifications approved by the governor and coun1867, c. 854, ~ 1. il; ant the sum of two hundred dollars was appropriated for the purpose.2 1 See city doc. 97, 1866, report on the occupation of the South Boston flats. 2 The appropriation for the construction of a continuous sea-wall was found to be inadequate, and no contract was made by the board. HARBOR. 299 71. By resolves passed on the same day, a joint committee of Joint committee of the legislature was appointed with full authority, subject to the ppoithe etselture approval of the governor and council, to release for money or the flats and contract for filling the such other valuable consideration, and upon such terms and same. conditions as they should think fit, the right, title, and interest of 18s,c.93, Resolves. the commonwealth, in and to the whole or any part of the land and flats in Boston harbor, which lie northerly of South Boston and easterly of Fort Point Channel. The committee were also authorized to contract, with the approval of the governor and council, for filling said flats, buildings, wharves, docks, streets, &c.; provided, that nothing contained in said resolves should authorize said committee by any stipulation or contract, to require payment of money from the treasury of the commonwealth.1 72. By an act passed June 9, 1868, the harbor commissioners Harbor commissioners authorized were authorized to contract, in the name of the commonwealth, to fill South Boston with any person or persons or with the city of Boston for filling flats, build seawalls, docks, &c. any portion of the land or flats on the northerly shore of South 18s8, c. 326. Boston, and for building wharves, docks, sea-walls, basins, streets, bridges, or sewers, and for dredging or doing any work upon or in relation to said flats, and to pay for the same by conveyance of any portion of said flats, or the granting of any rights or privileges therein; all their acts to be subject to the approval of the governor and council.2 73. By an act approved June 22,1869, the powers of the harbor Harbor commissioners authorized commissioners were enlarged, to authorize them to purchase for to purchase lands and in the name of the commonwealth, any lands and flats on the and flats on the northerly shore of northerly shore of South Boston, lying westerly of the easterly South Boston. line of E street, extended, and extinguish by purchase any claims 18S6, c. 446. to title in such lands and flats. The sum of three hundred thousand dollars was appropriated to make the purchases authorized. SEA-WALLS IN CHARLES RIVER.3 74. By an act passed April 16, 1866, the city of Boston was Sea-wall at foot of authorized to build a sea-wall in Charles River, in the harbor of Poplar street. The legislative committee came to the conclusion that the legislation then existing did not furnish a satisfactory basis for the prosecution of the work, and they did not therefore enter into any contracts. For their report to the legislature, see house doc. 76, 1868. 2 The board made contracts in August, 1868, for building a sea-wall and filling the first section, but they were rejected by the governor and council. On the 21st July, 1869, the board made a contract, in behalf of the State with the Boston, Hartford and Erie Railroad Company, for the occupation of the flats and the construction of a sea-wall. 3 Under an order of the house of representatives passed in 1869, a special committee was appointed, consisting of nine members of the house 300 HARBOR. 1866,. 167, ~. Boston, commencing the said wall at the northwesterly corner of Taylor's wharf, and extending the same across the end of the dock known as the Poplar Street Dock, to the southwesterly corner of inal's wharf, a distance of about seventy-three feet; provided, that the said wall should be erected under the direction of the harbor commissioners, and should not be built outside of the commissioners' line established by law; and provided, fiurther, that, if the building of said wall should in anywise impair the legal rights of any person, such person suffering damage thereby should have the rights and remedies for the ascertainment and recovery of the amount of such damage provided by law for the ascertainment and recovery of damages for land taken in said city of Boston for public highways or streets. City of Boston 75. By an act passed May 19, 1866, the city of Boston was may build seaall authorized and empowered to build a sea-wall in the Charles n Charles River. 1866, e. 247, ~ 1. River, on or within the following described lines: beginning at the point of intersection of the northerly side of Revere street with the harbor commissioners' line, as established in the year eighteen hundred and forty-one, and extending in a straight line southwesterly for a distance of six hundred and twenty-two feet to a point forty feet distant, westerly and perpendicular to the said harbor commissioners' line; thence, on a concave arc of a circle of fourteen hundred feet radius, southwesterly, for a distance of eleven hundred and sixty-one feet, to a point forty feet distant, northerly and perpendicular to the harbor commissioners' line on the northerly side of the milldam, established in the year eighteen May fill up flats. hundred and forty; and to fill up to a proper grade the enclosed flats between the above described lines and the harbor commissioners' lines herein referred to, in order to abate and prevent a nuisance arising from the discharge and deposit of sewerage matter upon those flats now situated outside the reach of the scouring May contract with forces of the current of Charles River. And the city of Boston was riparian owners, thereby authorized to make any contracts with the riparian owners, and any other parties, as to the building of the sea-wall, the filling of said flats, and the future use thereof when filled, subLand made, use of ject to the express condition that the flats filled under the authorrestricted. ity hereby granted should not be used for building purposes, or for any other purpose than for ornamental grounds and a street. Harbor Commis- 76. The building of the sea-wall, and the filling up of said of representatives, with authority to sit during the recess of the legislature, to prepare a comprehensive plan for the occupation and improvement of the flats and water areas of Mystic River, and of Miller's and Charles rivers, above Charles River Bridge, and of South Bay, Fort Point Channel and Dorchester Bay. HARBOR. 301 flats, shall be under the general supervision of the board of harbor sioners to supervi e commissioners, and subject to all the regulations and conditions s6work.247, 2 provided for in the act entitled an act to establish a board of harbor commissioners. ORDINANCE.1 SECTION 1. There shall be appointed, annually, Joint standing' - 7 v' conmmittee on the ajoint standing committee of the city council, con- preservation of the harbor. Their sisting of two members of the board of aldermen, dot 4s. and three members of the common council, who shall suggest such measures, and do and perform such acts as they may from time to time deem necessary for the preservation of Boston harbor and the security of the rights and interests of the city therein; provided, that no expense shall be incurred exceeding the appropriations previously made by the city council for these purposes. SECT. 2. The committee on the harbor shall Dredgingmachi.e care and use of: have charge of the steam dredging machine owned March 22,1867. by the city, and may make contracts annually, not exceeding the appropriations previously made by the city council, for the services of such persons as may be necessary to keep it in operation. Said committee may make such rules and regulations in relation to the use of the dredging machine, and the conduct of the men employed in operating it, as they may deem proper. They may make contracts with individuals and corporations for the use of the dredging machine, fix the amount to be paid therefor, and make out the bills, and deposit them with the city treasurer for collection. 1 An ordinance relating to the preservation of Boston harbor, passed November 12, 1846. An ordinance in addition to an ordinance relating to the preservation of Boston harbor, passed March 22, 1867. 26 302 HAWKERS AND PEDLERS. HAWKERS AND PEDLERS. STATUTES. 10. Sums paid for licenses, how ap1. Articles which may be sold by propriated. hawkers and pedlers without 11. Licenses may be transferred. license. 12. Persons licensed, to post name, 2. Cities and towns may regulate residence; &c., on parcels or such sales by minors. Pen- vehicles, and exhibit license alty. on demand, &c. 3. Prohibited articles. 13. Licenses not to protect party, 4. Secretary may grant licenses on &c. Shall be void if, &c. certificate of mayor, &c., for 14. Penalty for counterfeiting, &c., sale of goods not prohibited. licenses, and selling without 5. Form and effect of license, license. Party may sell on payment, 15. Penalty for unauthorized sales. &c. 16. Hawkers, &c., licensed as auc6. Fees for license. tioneers not to sell, &c. 7. Residents paying taxes, &c., 17. Date and duration of licenses. may be licensed without fee. 18. Municipal officers shall prose8. State licenses. County licenses, cute for violations. 9. Records of licenses. 19. Disabled soldiers and sailors not to pay fee. STATUTES. Articles which 1. Any person may go about from town to town, or from nay be sold by place to place, or from dwelling-house to dwelling-house in the pQdlers without license. same town, exposing to sale and selling fruits and provisions, G.,.j, ~ 13. live animals, brooms, agricultural implements, fuel, newspapers, 12 Cush. 493. 1862, c. 178. books, pamphlets, agricultural products of the United States, ee ~~ 3, 13. and the products of his own labor or the labor of his family, but nothing in this section shall be so construed as to include therein any articles of the growth or production of foreign countries. cities and towns 2. The city council of any city, and the inhabitants of any nay regulate such town may authorize the mayor and aldermen or selectmen sales by minors. Penalty. thereof to restrain the sale by minors of any goods, wares, or G..0, ~14. merchandise, the sale of which is permitted in the preceding section; and while such authority remains in force, the mayor and aldermen and selectmen may make rules restraining such sales by minors, or may grant licenses to minors fo make such sales upon such terms and conditions as they shall prescribe; but such restraints and licenses shall not remain in force beyond their term of office. Whoever is guilty of a violation of the rules HAWKERS AND PEDLERS. 303 and regulations so made, or sells any such articles without a G.S.50,~14. license when the same has been required, shall forfeit a sum not exceeding ten dollars for each offence. 3. The sale of jewelry, wines, spirituous liquors, playing Prohibited articles Ibid. ~ 15. cards, indigo, and feathers, in the manner specified in section See ~~ 5,8,13. one, is prohibited. 14 Gray, 29. 4. The secretary of the commonwealth may grant a license Secretary may to go about exposing to sale and selling any goods, wares, or grant licenses or to wares, or —- "'I" certificate of mayor merchandise, not prohibited in the preceding section, to any ap- &c., for sale of goods not proplicant who files in his office a certificate signed by the mayor of hibited. a city or by a majority of the selectmen of a town. stating that Ibid~. 16. See ~~ 6, 7, 8, ii, 13, to the best knowledge and belief of such mayor or selectmen, the and 19. applicant therein named resides in such city or town, is a citizen of the United States, and of good repute for morals and integrity. The mayor or selectmen before granting such certificate shall require the applicant to make oath that he is the person named therein, that he is a resident of such city or town, and a citizen of the United States; which oath shall be certified by ajustice of the peace, and accompany the certificate. Every license so granted shall bear date the first day of January of the year in which it is granted, and shall continue in force one year, and no longer. 5. The secretary shall cause to be inserted in every license Form and effect of the names of such cities and towns as the applicant selects, with s.ellnseparment m the sum to be paid to the respective treasurers thereof annexed, &c. and shall receive from the applicant one dollar for each city or Ibid.~ 17 town so inserted. Every person so licensed may sell as aforesaid See ~17. any goods, wares, and merchandise, not prohibited in section three, in any city or town mentioned in his license, upon first paying the sum so required to the treasurer of such city or town, who shall certify on the face of the license the sum so received. 6. Every person licensed under the two preceding sections Feesforlicense. shall pay to the treasurer of each city or town mentioned in his Ibid. ~18. See ~ 13. 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 his 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 thousand inhabitants, eight dollars; for every town containing more than three thousand and not more than four thousand inhabitants, ten dollars; and for every city and town containing more than four thousand inhabitants, ten dollars, and one dollar for every one thousand inhabitants over four thousand contained therein, but the sum so to be paid to a treasurer shall in no case exceed twenty-five dollars. 304 HAWKERS AND PEDLERS. Residents payinc 7. Any person resident, paying taxes upon his stock in trade, taxes, &c., may be licensed without and qualified to vote, in a city or town, may there expose to sale fe e. and sell goods, wares, or merchandise, upon obtaining a license G. s. 50, ~ 19. See ~ 11, 13. pursuant to the provisions of sections four and five, and shall not be required to pay to the treasurer of such city or town any sum therefor. State licenses. 8. The secretary, upon the conditions required in section four, Ibid. ~ 20. 1864,. 151, ~ 2. may grant special State licenses, upon payment by the applicant of fifty dollars for each license; and the person so licensed may expose to sale any goods, wares, or merchandise, not prohibited County licenses. in any city or town. He may also grant as aforesaid, upon payment See ~13, 19. by the applicant of one dollar for each county mentioned therein, special county licenses; and the person so licensed may expose to sale, within such 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 section three, 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 the county of Dukes County, one dollar. And the county treasurers, respectively, upon the receipt of any sum, as aforesaid, shall certify the amount so received on the face of the license. Records oflicenses. 9. The secretary shall keep a record of all licenses granted, Ibid. ~21. with the number of each, the name and residence of the persons See ~ 13. licensed, the counties, cities, and towns mentioned therein, of all special State licenses, and of all transfers of licenses. The treasurers of the counties, cities, and towns shall severally keep records of all licenses upon which the sums provided in this chapter 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. Sums paid for 10. All sums paid to the secretary under this chapter shall be for licenses, how the use of the State; and all sums paid to the treasurer of a county, appropriated. c Ibid. ~22. city, or town shall be for the use of such county, city, or town. Lienses may be 11. A license granted under the provisions of section four or transferred. seven may be transferred by the secretary, upon application Ibid. ~ 23. See 3. therefor and upon evidence furnished by the applicant like that required for granting a license. The person to whom it is transferred shall thereafter be liable in all respects as if he were the person originally licensed. No person shall sell under such license, except the person named therein or in such transfer. HAWKERS AND PEDLERS. 305 12. Every person licensed to peddle as hereinbefore provided Personslicensed to shall post his name, residence, and the number of his license in a pst,, name, &thice o conspicuous manner upon his parcels or vehicle, and when such and exhibit license on demand, &c. license is demanded of him by any mayor, alderman, selectman, G.s. 50, ~ 24. town or city treasurer or clerk, constable, police officer, or justice See ~1. of the peace, shall forthwith exhibit it; and if he neglects or refuses so to do shall be subject to the same penalty as if he had no license. So much of this chapter as relates to hawkers and pedlers, or a synopsis thereof, shall be printed on every license. 13. No license to go about offering for sale or selling as afore- Licenses,when not said shall operate to defeat or bar a prosecution against the per- toSprtectvpartyf,&C son licensed, if it is proved that he exposed to sale any article Ibid, ~25. except such as are permitted in section one in any county, city, or town where he was not licensed to sell, or in which he had not paid the sum mentioned in his license; but no person so licensed shall be required to make payment to the treasurer of any county, city, or town before he is prepared to trade therein. The license of any person convicted of a violation of any provision of this or the ten preceding sections shall be void. 14. Whoever counterfeits or forges a license, or has a counter- Penalty for feited or forged license in his possession, with intent to utter or licefnsesand gelling use the same as true, knowing it to be false or counterfeit, or without license. Ibid. ~ 26. attempts to sell under a license which has expired, or is forfeited, or which was not granted or has not been transferred to him, shall forfeit a sum not exceeding one thousand dollars. 15. Whoever goes from town to town, or from place to place, Penalty for unor from dwelling-house to dwelling-house, carrying for sale or uIbtd.i27sale. exposing to sale any goods, wares, or mechandise, or takes a resi- 1868, c. 12. 12 Cush. 493. dence in any town for that purpose for a less term than one year, except as hereinbefore provided, shall forfeit a sum not exceeding two hundred dollars for each offence. Police courts and trial justices may, in their discretion, exercise jurisdiction over offences described in this section, and in such cases may impose a fine not exceeding fifty dollars. 16. No hawker, pedler, or itinerant trader, holding an auc- Hawkers, &c., licensed as auctiontioneer's license, shall sell or expose for sale by public auction leIersnt toell, any goods, wares, or merchandise in any other city or town than &c., in any other city or town, &c. that from whose authorities such license was obtained; nor in ibid. ~23. any place in such city or town except such as shall be expressly described or set forth in said license. 17. All licenses hereafter granted to hawkers and pedlers, Licenses, date an under the fiftieth chapter of the General Statutes,l shall bear date duratin, of. the day they are issued, and shall continue in force one year from such date. 1 Sections 4 and 5 of the text, p. 303. 26* 306 HAY AND HAY SCALES. Municipal officers 18. It shall be the duty of constables and police officers, shall prosecute for within their respective towns and cities, to arrest and prosecute violations. 1864, c. 151, ~ 3. any person whom they may have reason to believe guilty of violating the provisions of said fiftieth chapter, relating to Forfeitures. hawkers and pedlers; and one-half of any forfeiture which may be incurred and recovered under the twenty-seventh section1 of said chapter shall be paid to the complainant. Disabled soldiers 19. The secretary of the commonwealth is hereby authorized and sailors not to pay fee. to grant a special license to any disabled soldier or sailor belong1866, c. 197, ~ 1. ing to this commonwealth, according to the provisions of the twentieth section of the fiftieth chapter of the General Statutes, without the payment of any sum therefor, upon satisfactory evidence of the identity of such soldier or sailor; and that he is wholly or partially disabled by reason of wounds received in the service of the United States, or by sickness or disability contracted therein; and has received an honorable discharge from said service. HAY AND HAY SCALES. STATUTES. 12. Penalty for selling without in1. Superintendents of hay scales spection. and weigllers of hay, &c., ap- 13. Provisions relating to weighpointed by mayor and alder- ing, &c., hay, to apply to men. straw. 2. Their duty to comply with rules and regulations of city coun- ORDIENANCE. cil, &c. 1. Stands for sale of hay and 3. May be removed by mayor and straw appointed by mayor aldermen. and aldermen. 4. Penalty for setting up hay scales 2. Penalty for standing in any without authority. other place for sale of hay or 5. Pressed hay, how branded. straw. 6. Forfeiture for selling without 3. Scales to be established by brand. mayor and aldermen, &c. 7. Inspectors of bale and bundle Weighers appointed. hay, appointment of; to be 4. Duties of weighers; office hours. sworn. 5. Form of weighers' accounts and 8. Their duty to inspect, &c., hay, certificates. &c., when requested. 6. Fees of weighers established. 9. How bales, &c., shall be num- To be paid to city treasbered and marked. urer. 10. Inspectors to furnish weights, 7. Compensation of weighers to seals, &c. be fixed by city council. 11. Fees to be fixed by mayor and 8. G. S. 49, ~~ 72, 73, 74, and 75 aldermen. adopted. 1 Section 15 of the text on p. 305k HAY AND HAY SCALES. 307 STATUTES. 1. In cities in which the city council and in towns in which Superintendents o hay scales, and the inhabitants shall adopt 1 this and the three following sections, weighers of hay to the mayor and aldermen and selectmen may from time to time bealppoi4ted. G.S. 49, ~ 72. appoint, for a term not exceeding one year, some person or persons to have the superintendence of the hay scales belonging to their place, who shall weigh hay offered for sale therein, and any other article offered to be weighed. 2. The persons so appointed shall conform to all such rules Their duty. and regulations as shall be established by the city council or Ibid,~73. selectmen respectively concerning the hay scales, and the compensation or fees for weighing hay and other articles. 3. The mayor and aldermen or selectmen may remove any Mayberemoved. weigher of hay, and fill any vacancy that may occur from death Ibid. ~ 74. or otherwise. 4. If a person not so appointed sets up hay scales in a town Penalty for setting or city, for the purpose of weighing hay or other articles, he shall ou hay aoles writh,' V'"J 3 ""' """ r"'"r""v "~" " "'t~"""'~`^"n out authority. forfeit twenty dollars a month so long as the same are continued, Ibid. ~75. to be recovered in an action of tort and appropriated to the use of the city or town. 5. Pressed hay offered for sale shall be branded upon the crate Pressed hay, how enclosing it with the first letter of the Christian name and the biaded.~ whole of the surname of the person packing and screwing or otherwise pressing said hay, and with the name of the city or town and State where the hay is pressed. 6. Pressed hay offered for sale without being so branded Forteitureforselling without brand. shall be forfeited, one half to the person or persons prosecuting Ibid.~77. therefor, and the other half to the use of the city or town where the same is so offered for sale, and may be seized and libelled. 7. The mayor and aldermen and selectmen of each city and Inspectors of bundle hay, appointtown in which bale or bundle hay is sold may, on the petition of men tof; tobe ten or more legal voters of such city or town, annually appoint sworn, &c. Ibid. ~ 78. one or more persons as inspectors of bale or bundle hay, who shall be sworn, and may remove any inspector so appointed, and fill any vacancy that may occur from death or otherwise. 8. Each inspector shall inspect and weigh all bale or bundle Duties of inspector Ibid. ~ 79. hay within the limits of the city, town, or ward for which he may be appointed, when requested so to do by the owner or vendor. 9. Bales or bundles of hay so inspected which are found to Bundle hay,&c., how numbered and be sweet, of good quality, and free from damage or improper 1 Adopted by the City Council Aug. 20, 1850. See post, p. 310, ~ 8. 308 HAY AND HAY SCALES. marked. mixture, shall be branded or marked No. 1. Bales or bundles G. S. 49,. found to be sweet, and free from damage or improper mixture, Numbers and but consisting of hay of a secondary quality, shall be branded or rkbd. marked No. 2. Bales or bundles found to be wet, or in any way damaged, or which shall contain straw or other substances not valuable as hay, shall be branded or marked Bad. Each bale or bundle so inspected shall 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 place for which he is inspector, together with the month and year when inspected, and also the net weight of the bundle. Inspectors to fur- 10. Each inspector shall furnish himself with proper scales, nish weights, &c. bid. ~81. weights, seals, and other suitable instruments for the purposes aforesaid. Fees. 11. The fees for inspecting, weighing, and marking hay, as Ibid. ~ 82. provided for in this chapter, shall be fixed by the respective officers having the power of appointment, and shall be paid by the employer of the inspector. Penalty for selling 12. Whoever sells bale or bundle hay in a place where an without inspection, inspector is appointed, which has not been inspected and weighed &C. bid. ~ 83. as herein provided, shall forfeit for each bale or bundle so sold two dollars; but no inspection need be made where the vendor and vendee agree to waive an inspection. Foregoing provi- 13. All the provisions in the preceding twelve sections relating tsin to apply to to the inspection, weighing, branding, and sale of pressed or 1861, c. 67. bundled hay, shall also apply to pressed or bundle straw. ORDINANCE.1 Standsfor saleof SECTION 1. The board of aldermen shall hay and straw. Au. 20, 1810. appoint suitable places in the streets or squares of the city, as stands for the sale of hay and straw. Penalty forstand- SECT. 2. The owner or driver of any wagon, ing in any other place forsaleof hay cart, sled, or other carriage containing hay or or straw. Ibid. straw for sale, who stands for the sale of such hay or straw in any other street, square, or place whatsoever, than one of those so appointed by 1 An ordinance relating to the weighing of hay and other articles, passed August 20, 1850, amended April 13, 1867. HAY AND HAY SCALES. 309 the board of aldermen, shall be liable to a penalty Aug. 20,180. not exceeding fifty dollars. SECT. 3. The board of aldermen shall estab- Scalestobeestallished, &c. lish from time to time a sufficient number of Ibid. public scales for the 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 the mayor, by and with the advice and consent of the said board, shall Weighers tob be ppointed. appoint suitable persons to have the superintendence of the same, and to weigh hay and other articles, according to law. SECT. 4. The persons so appointed shall at- Dties of weighers. tend personally at the scales which may be assigned to them respectively, every day through the year, - Sundays, public fasts, thanksgivings, Christmas, Washington's birthday, and the anniversary of American Independence excepted,from sunrise to sunset, during the months of December, January and February; and from ffice hours. April 13,1867. seven o'clock in the forenoon until six o'clock in the afternoon, during the months of March, April, May, June, July, August, September, October, and November - and shall deliver to the driver of every load of hay or straw weighed a certificate, in such form as is hereinafter provided; and shall keep an account of all hay and other articles weighed at said scales, in books furnished by the board of aldermen, which shall be always open to their inspection, and when filled shall be deposited with the city clerk. 310 HAY AND HAY SCALES. Form of weighers' SECT. 5. The accounts to be kept by said accounts and certiicates. weighers, and the certificates to be given to the Aug. 20,1850.! drivers of loads, as mentioned 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 weighing. SECT. 6. The fees for weighing hay and other Aug. 20,1850. April 131867. articles, 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 for every hundred pounds of hay, straw, and all other articles except coal; and one half of a cent for every hundred pounds of anthracite or other coal, proided, 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 of SECT. 7. The said weighers shall receive such weighers. Aug20, 1850. compensation as the city council may from time to time determine.1..49, ~~ 72, 73, SECT. 8. The seventy-second, seventy-third, 74, 75, adopted. Ibid. seventy-fourth and seventy-fifth sections of the forty-ninth chapter of the General Statutes, are hereby adopted. 1 The superintendents of public scales are allowed to retain threefifths of their gross receipts -the remaining two-fifths, less necessary expenses, are to be paid quarterly into the city treasury. See order of city council, April 26, 1867. HEALTH. 311 HEALTH. STATUTES. 19. Persons may be stationed on 1. Towns to choose board of health, borders of other States, to or health officer; or selectmen examine, &c. to act. 20. Two justices of the peace may 2. City council to appoint board issue warrant to remove sick of health, or make either or persons. both branches, or a commit- 21. One justice may issue warrant tee, the board. to sheriff to secure infected 3. Board may appoint physician. articles, who may impress aid. 4. Corpensation of physician, &c. 22. Sheriff may take up houses and 5. Boards of health may delegate stores, &c., for safe-keeping to agents. of goods, &c. 23. Officers may break open houses, XNuisances, Contagion, &c.g shops, &c., and command aid. 6. Board to make regulations re- 24. Expenses to be paid by owners specting nuisances, &c. of goods. 7. Board to give notice of their 25. Town to make compensation regulations. for houses, &c., or services 8. Board to examine into and impressed. abate nuisances, &c. 26. Removal of prisoners attacked 9. Board to order nuisances, &c., with disease. abated; penalty on owner of 27. Return of removal to be made land, &c., for refusing. to court; such removal not 10. Order of abatement, how served. an escape. 11. Owner not complying, board to remove the nuisance at his Vaccination. expense. ~~expense. ~28. Parents, &c., to cause children 12. Board may notify occupants ofo cause children and wards to be vaccinated. unfit dwelling-place to quit, enat or n &c Penalty for neglect. &13. When a party is convicted of 29. Selectmen, &c., to enforce vacci13. W;hen a party is convicted of nation and re-vaccination. nuisance, court may order itaton a -acc destroyed. Penalty for neglect. 30. Towns to provide means for 14. Superior court may issue in- 30 Towns to provide means for junctions in cases of nuisance. vaccination. 15. Board may make compulsorya 31. Inmates of manufactories, alms15. Board may make compulsory examination of premiseswhen houses, &c., to be vaccinated. refusedxmia &c.o pe32. Towns may make further prorefse, &vision for vaccination. 16. Board may grant permits for the removal of infected articles or Quarantine. sick persons. 17. Board to make necessary pro- 33. Towns may establish quaranvision for persons infected tine ground. with dangerous diseases. 34. Two or more towns may estab18. If infected persons cannot be lish a common quarantine removed, others may be. ground. 312 HEALTH. 35. Board of health may establish Offensive Trades. the quarantine of vessels. 53. Board to assign places for exer36. Quarantine regulations to ex- cising offensive trades, and tend to all persons, &c. may prohibit. 37. Penalty for violation after pub- 54. Superior court may, on comlic notice, plaint, revoke such assign38. Vessels suspected of infection ment. to be ordered to quarantine to be ordere to uarantine 55. Action for damages from nulground. sance. 39. Penalty if master, seamen, &c., 6. Orders of prohibition, &c, to refuse to make answer on be served on occupant. If he oath, &c. refuses to obey, board may 40. Quarantine expenses to be paid prevent. Penalty. by person or owner. 57. Appeal by person aggrieved. Proceedings. 58. Trade not to be exercised pendHospitals and Dangerous Diseases.ng proceedings. 41. Hospitals may be provided by 59. Verdict of jury may alter, &c., 41. Hospitals may be provided by towns. order; to be returned for 42. Hospitals to be under orders of acceptance. board of health60. Costs,-how and when assessed, on whom, and to what 43. Hospitals not to be established whom and to what amount. within one hundred rods of witho in adjoininge towno 61. Chapter extends to cities. house in adjoining town, unless, &c. lNuiscnce caused by TVet Lands. 44. Physicians and others in hospi- 62 Wet lands to be redeemed. tals to be subject to board of 3. hen a nuisance, how abated. health. 64. Hearing may be had. 45. Board of health to provide hos- 65. Notice of, how served, etc. pital or other place when, 66. Expense and damages, how &c.; may cause sick and in- assessed. fected persons to be removed 67. ecord to be made. to hospitals. p68. Proceedings if board of health 46. Selectmen to give notice, by refuse to act. suitable signals, of infected 69. Appeal, how made. places. 47. Penalty on physicians and Dead Bodies. others in hospitals, &c., for 70. Overseers of the poor, &c., to violating regulations. permit physicians to take dead 48. Every householder to give bodies in certain cases. notice of dangerous disease 71. Physicians, &c., to give bond in his family. Penalty. on receiving a dead body. 49. Penalty on physicians for not 72. Persons having charge of poorgiving notice of dangerous house, &c., to give notice of disease. death. 50. Expenses recoverable of indi- 73. Dead bodies not to be given to viduals, how sued for. physicians if claimed by 51. Fines and forfeitures to inure friends, or if deceased reto use of town. quested to be buried, &c. 52. Certain provisions not to apply 74. Violation of sepulture, penalty to small-pox, for. HEALTH. 313 75. Buying, or having dead body Svperintendent of Health. for purpose of sale, penalty 3. A superintendent of health for. chosen by city council. 4. He may appoint an assistant. Celmeteries and Burials. 5. To execute all laws and ordi76. Towns to provide burial-places. nances on the subject of 77. Private land not to be used for health. burial purposes, except, &c. 6. To give bond. 78. Boards of health to make neces- 7. Duties of superintendent to sary regulations, &c. keep records and make reports 79. Boards of health to give notice to the city council. of regulations. 8. To report an estimate to auditor 80. Notice to be given before closing of the wants of his department. tombs, &c., by order of board. 9. To have charge of city teams, 81. Appeal from order of board. stables, &c. 82. Appeal to be tried by a jury. 10. To make and deliver all bills Costs. for materials sold and work 83. Penalty for interments in viola- done to city treasurer, for tion of this chapter. collection. 84. Injury to tombs or cemeteries, 11. To make up pay-rolls of &c. laborers. 85. Same. Penalties. Interment of the Dead. 86. Making roads, canals, &c., 12. Interment of dead shall be through burying-grounds pro- under superintendence of city hibited. Penalty. registrar. 13. He shall have care of buryingQffences against the Public Health. grounds. 87. Selling corrupt or unwholesome 14. May give licenses for burials, provisions without notice. &c. 88. Killing for sale or selling calves 15. Dead bodies shall not be buried less than four weeks old. without license. 89. Search warrant for such meat 16. Graves shall be three feet deep. may be issued. 17. Funeral undertakers. Porters. 90. Adulterating food. No other person shall open 91. Adulteration of liquor, &c., any tomb, &c. with cocculas indicus, &c. 18. Time for burials. Tolling of 92. Adulteration of drugs and mel- bells prohibited, except, &c. icines. Funeral car to be used, 93. Wilfully corrupting springs, except, &c. &c., or injuring aqueduct. 19. No grave to be dug in city 94. Persons selling arsenic, &c., to proper without permission. keep record, &c. Purchasers 20. No dead body to be removed who give false name, &c. from city without license. 95. Damaged fish not to be sold or 21. No dead body in graves or tombs exported, &c. Penalty. to be disturbed without license. ORDINANCE. ORDINANCE. 22. No grave or tomb to be opened 1. Board of aldermen shall consti- from June to October, withtute the board of health. out license. 2. Mayor to protect public health, 23. Burial fees. and enforce all laws and ordi- 24. Board of aldermen may make nances. regulations in relation to burials. 27 314 HEALTH. City Physician. sion of superintendent of 25. City physician to be elected. sewers. 26. Consulting physicians to be 45. Proceedings, where a suitable elected. Their duties. privy, vault, and drain is not 27. City physician shall examine constructed. into nuisances, &c. 46. Offensive vaults, privies, and 28. His apartment. He shall vac- drains shall be cleansed. cinate inhabitants who apply, 47. Regulations as to cleansing &c. Proviso. vaults and privies. 29. To keep and supply vaccine vi- 48. Applications for cleansing rus. vaults. What sums shall be 30. To examine cases of disease paid therefor. when called upon by mayor 49. Further regulations. and aldermen, &c. 50. Waste water to be carried off 31. To attend cases of disease, &c., in drains. at jail and city prison, Sc. 51. Board of aldermen may remove 32. To keep record of cases of small- persons from tenements, pox, &c. where too numerous, or when 33. To keep record of doings of his unprovided with vaults, &c. office. 52. House offal, how to be kept. 34. Harbor master shall report to 53. Ashes, how to be kept. city physician vessels having 54. Manner of its removal. Not to hides, &c. be removed without license. 35. Master of such vessel shall give Ashes, &c., from steam ennotice to the harbor master gines, furnaces, &c., to be or city physician. removed by owner. 55. No filth shall be thrown out into streets, &c. 56. Penalty. 36 Qua rantine. 56. Penalty. 36. Quarantine ground. 57. Filth, &c., may be removed by 37. Port physician to be elected. order of the board of alder38. To reside at Deer Island, and nmen. superintend quarantine hos58. Sale and keeping of fish regupital, &c. lated. 39. To keep record of cases of small- 59. Fish, &c., not to be sold, &c., pox, &tc. 40.~ pox:~, &~c~. in certain streets, except, &c. 40. To keep record of his other record of his other 60. Vegetables to be divested of doings. doings'.parts not used for food. 41. Assistant port physician. 61. Swine and goats not to be kept without license. Nuisances. 62. Horses and carriages not to be 42. Owners, &c., of dwelling- washed in streets, &c. houses, &c., shall furnish 63. Damaged grain, meat, fish, &c., them with suitable drains not to be brought into city or and privies. Penalty. landed without a permit. 43. How vaults and privies shall 64. Penalties for offences against be constructed. this ordinance. 44. Vaults may be connected with ORDER common sewers, by permis- Establishing quarantine fees. HEALTH. 315 STATUTES.1 1. A town respecting which no provision is made by special Towns to choose board of health or law for choosing a board of health, may, at its annual meeting, or healthofficer; or at a meeting legally warned for the purpose, choose a board of selectmen to act. G. S. 26, ~ 1. health, to consist of not less than three nor more than nine per- 8 Cush. 68. sons; or may choose a health officer. If no board or officer is chosen, the selectmen shall be the board of health. 2. Except where different provision is made by law, the city city council to appoint board of council of a city may appoint a board of health; may constitute health, or, &. either branch of such council, or a joint or separate committee of Ibid. ~2. their body, a board of health, either for general or special purposes, and may prescribe the manner in which the powers and duties of the board shall be exercised and carried into effect. In default of the appointment of a board with full powers, the city council shall have the powers and perform the duties prescribed to boards of health in towns. 3. Every board of health may appoint a physician to the Boardmay appoint board, who shall hold his office during its pleasure. Ibid. ~3. 4. The board shall establish the salary or other compensation Compensation of of such physician, and shall regulate all fees and charges of per- hysicia. &e. sons employed by it in the execution of the health laws and of its own regulations. 5. Boards of health in the several cities and towns in this Boards of Health commonwealth may appoint an agent or agents to act for them, may delegate respectively, in cases of emergency, or when such board cannot 1866, c. 271, ~ be conveniently assembled; and such agent so appointed shall have, and may exercise, all the authority which the board of health appointing him had; but he shall, within two days, report his action in each case to the board of health for their approval, and shall be directly responsible to, and under the control and direction of, the board of health from which he received such appointment. 1 By chapter 420, of the acts of 1869, a State board of health was established, consisting of seven persons, to hold office for seven years. "They shall make sanitary investigations and inquiries in respect to the people, the causes of disease, and especially of epidemics and the sources of mortality and the effects of localities, employments, conditions and circumstances, on the public health; and they shall gather such information in respect to those matters as they may deem proper, for diffusion among the people. They shall advise the government in regard to the location of any public institutions." 316 HEALTH. NUISANCES, CONTAGION, ETC. Board to make 6. The board shall make such regulations as it judges necesregulations respect- for irg nuisances, &ec sary for the public health and safety, respecting nuisances, sources G.S. 26, ~o. of filth, and causes of sickness within its town, or on board of 12 Pick. 184. vessels within its harbor; and respecting articles which are capable of containing or conveying infection or contagion, or of creating sickness, brought into, or conveyed from, its town, or into, or from, any vessel. Whoever violates any such regulation shall forfeit a sum not exceeding one hundred dollars. Board to give notice 7. Notice shall be given by the board of all regulations made regulations. bid.,~. by it, by publishing the same in some newspaper of its town, or where there is no such newspaper by posting them up in some public place in the town. Such notice shall be deemed legal notice to all persons. To examine into 8. The board shall examine into all nuisances, sources of and abate nui-.ancbs..&c. filth, and causes of sickness within its town, or in any vessel sores, ~ c a. Ibid, ~7. within the harbor of such town, that may in its opinion be inju11 Met. 072. rious to the health of the inhabitants, and the same shall destroy, remove, or prevent, as the case may require. Toorder nui- 9. The board or the health officer shall order the owner or sauces, &c., abated. occupant at his own expense to remove any nuisance, source of Penalty tlor refus- ing. filth, or cause of sickness, found on private property, within c.87, ~ S. twenty-four hours, or such other time as it deems reasonable c.8, ~~ 40,42. after notice served as provided in the following section; and if 18G62, c. 74. the owner or occupant neglects so to do, he shall forfeit a sum not exceeding twenty dollars for every day during which he knowingly permits such nuisance or cause of sickness to remain after the time prescribed for the removal thereof. Order for abate- 10. Such order shall be made in writing, and served by any m.nt, how served. Ibid, hserved. person competent to serve a notice in a civil suit, personally on c.87,~5. the owner, occupant, or his authorized agent; or a copy of the c88, 40, 42. order may be left at the last and usual place of abode of the 98 Mass. 431. owner, occupant, or agent, if he is known and within the State. But if the premises are unoccupied, and the residence of the owner or agent is unknown or without the State, the notice may be served by posting the same on the premises and advertising in one or more public newspapers in such manner and for such length of time as the board or health officer may direct. Owner not com- 11. If the owner or occupant fails to comply with such order, plying, board to re- the board may cause the nuisance, source of filth, or cause of sickmove nuisance at his expense. ness to be removed, and all expenses incurred thereby shall be Ibid, ~10. paid by the owner, occupant, or other person who caused or perc. 87, ~ 5. HEALTH. 317 mitted the same, if he has had actual notice from the board of c.88, ~~40,42. health of the existence thereof 1862, c. 74. 12. The board, when satisfied upon due examination that Board may notifv occupants of unfit any cellar, room, tenement,' or building in its town, occupied dwelling-places to as a dwelling-place, has become, by reason of the number of quit,&c. G. S. 26, ~ 11. occupants, or want of cleanliness, or other cause, unfit for such 11 Met. 572. purpose and a cause of nuisance or sickness to the occupants, or the public, may issue a notice in writing to such occupants, or any of them, requiring the premises to be put into a proper condition as to cleanliness, or, if they see fit, requiring the occupants to remove or quit the premises within such time as the board may deem reasonable. If the person so notified, or any of them, neglect or refuse to comply with the terms of the notice, the board may cause the premises to be properly cleansed at the expense of the owners, or may remove the occupants forcibly and close up the premises, and the same shall not be again occupied as a dwelling-place without the consent in writing of the board. If the owner thereafter occupies or knowingly permits the same to be occupied without such permission in writing, he shall forfeit a sum not less than ten nor more than fifty dollars. 13. When a person is convicted on an indictment for a common When a party is convicted of a nuisance injurious to the public health, the court in their discre- nuisante, co.rt tion may order it to be removed or destroyed at the expense of may orderit dethe defendant, under the direction of the board of health; and the Ibidt. 1. form of the warrant to the sheriff or other officer may be varied accordingly. 14. The superior court, or a justice thereof in term time or court mayissue vacation, may, either before or pending a prosecution for a con- icjunetfons, in' c mon nuisance affecting the public health, issue an injunction to Ibid. ~13 stay or prevent the same until the matter shall be decided by a jury or otherwise; may enforce such injunction according to the course of proceedings in chancery; and may dissolve the same when the court or one of the justices shall think proper. 15. When the board think it necessary for the preservation of Board may make compulsory examthe lives or health of the inhabitants, to enter any land, building, mintion of premor vessel within its town, for the purpose of examining into and ies, when refused, &c. destroying, removing, or preventing any nuisance, source of filth, Ibid. ~14. or cause of sickness, and shall be refused such entry, any member of the board may make complaint under oath to two justices of the peace of the county, stating the facts of the case so far as he has knowledge thereof; and the justices may thereupon issue a warrant directed to the sheriff or either of his deputies, or to any constable of such town, commanding him to take sufficient aid, 1 See Tenement Houses, post, ~ 11. 27* 318 HEALTH. G.s. 26, ~ 14. and being accompanied by any two or more members of said board, at any reasonable time 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. May permit re- 16. The board may grant permits for the removal of any nuimoval of infected articles, &c. sance, infected articles, or sick person, within the limits of its Ibid. ~ 15. town, when it thinks it safe and proper so to do. Shallmake provi- 17. When any person coming from abroad or residing in any sion for persons infected.~ town in this State is infected, or lately has been infected, with the Ibid. ~16. plague or other sickness dangerous to the public health, except 2 Cush.. 52. See ~52. as is otherwise provided in this chapter, the board shall make effectual provision in the manner which it judges best for the safety of the inhabitants, by removing such person to a separate house or otherwise, and by providing nurses and other assistants and necessaries, which shall be at the charge of the person himsell; his parents, or master, if able, otherwise at the charge of the town to which he belongs; and if he is not an inhabitant of any town, at the charge of the comnlonlwealth. If infected person 18. If the infected person cannot be removed without danger oter.mlybee, c to his health, the board shall make provision for him as directed in Ibid, ~17. the prececing section in the house in which he may be; and may See ~ 52. cause the persons in the neighborhood to be removed, and take such other measures as it judges necessary for the safety of the inhabitants. Persons may be 19. The board of health of any town near to or bordering stationed in places bordering on other upon either of the neighboring States, may appoint, by writing, States, to examine, suitable persons to attend at places by which travellers may pass &c. Ibid, ~18. from infected places in other States; who may examine such travellers as it suspects of bringing any infection dangerous to the public 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. A traveller coming from such infected place, who shall without such license travel within this State (except to return by the most direct way to the State from whence he camlle), after he has been cautioned to depart by the persons so appointed, shall forfeit a sum not exceeding one hundred dollars. Two justices of the 20. Two justices of the peace may, if need be, make out a warrant to rlleove warrant, dcirected to the sheriff of the county, or his deputy, or to sick persons. any constable, requiring them, under the direction of the board, Ibid, ~ 19. 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. One justlie may 21. When, upon the application of the board, it appears to HEEALTH, 319 a justice of the peace that there is just cause to suspect that any issue warrant to sheriff to secure baggage, clothing, or goods found within the town, are infe infeifcted articles, with the plague or other disease which may be dangerous to the wo may impress aid. public health, the justice shall, by warrant directed to the sheriff G.s. 2, ~20. or his deputy, or to any constable, require him to impress so many men as said justice may 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 articles are lodged; who shall take effectual care to prevent persons from removing or coming near the same, until due inquiry is made into the circumstances 22. The justice may, by the same warrant, if it appears to Sheriff may take')"~~' v > *L houses and stores, him necessary, require the officers, under the direction of the &c.,for safe-keepboard, to impress and take up convenient houses or stores for lgiofl ~goas. the safe-keeping of such articles; and the'board may cause them to be removed thereto, or otherwise detained, until, in the opinion of the board, they are freed from infection. 23. The officers, in the execution of the warrant, shall, if officers may break need be, break open any house, shop, or other place mentioned & caand cos'.mano' in the warrant where such articles are; and may require such aid. Ibid. ~ 22. aid as is necessary to effect the execution of the warrant. Whoever neglects or refuses to assist in the execution of the warrant, after being commanded to assist by either'of said officers, shall forfeit a sum not exceeding ten dollars. 24. The charges of securing such articles, and transporting Expenses to be and purifying the same, shall be paid by the owners, at such rates pabownerof and prices as nmay be determined by the board. Ibid. ~ 23. 25. When a sheriff or other officer impresses or takes up any Town to make houses, stores, lodging, or other necessaries, or impresses men, ho.speslt &to or as provided in this chapter, the several parties interested shall be vices impressed. entitled to a just compensation therefor to be paid by the town in which such persons or property are so impressed. 26. When a person confined in a common jail, house of cor- Removalof prisoners attacked with rection, or workhouse, has a disease which, in the opinion of the disease. physician of the board or of such other physician as it may con- Ibid. ~25. suit, is dangerous to the safety and health of other prisoners or of the inhabitants of the town, the board shall, by its 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 its further order. If such person recovers from the disease, he shall be returned to said prison or other place of confinement. 27. If the person so removed is committed by order of court Return of ren ova or under judicial process, the order of his removal, or a copy tslblcllreua tova thereof, attested by the presiding member of the board, shall be an escape. Ibid. ~ 26. 320 HEALTH. G. S. 26, ~ 26. returned by him, with the doings thereon, into the office of the clerk of the court from which the process of commitment was issued. No prisoner so removed shall thereby commit an escape. VACCINATION. Parents, &c., to 28. Parents and guardians shall cause their children and wards c suse children, &c., to 1 to be vaccilated.& to be vaccinated before they attain the age of two years, and Penalty for ne- re-vaccinated whenever the selectmen or mayor and aldermen shall glect. ibid. ~27. after five years from the last vaccination require it. For every year's neglect the party offending shall forfeit the sum of five dollars. Selectmen, &c., to 29. The selectmen and mayor and aldermen shall require and enforce vaccination, &c.ci enforce the vaccination of all the inhabitants, and, whenever in Pb.ndt.l~orneglec. their opinion the public health requires, the re-vaccination of all the inhabitants who do not prove to their satisfaction that they have been successfully vaccinated or re-vaccinated within five years. All persons over twenty-one years of age, not under guardianship, who neglect to comply with any such requirement, shall forfeit the sum of five dollars. City to provide 30. Towns shall furnish the means of vaccination to such of means. Jbid.~29. their inhabitants as are unable to pay for the same. Inmates of manu- 31. Incorporated manufacturing companies; superintendents factories, almshouses, &c., to be of almshouses, State reform and industrial schools, lunatic hospivaccinated. tals, and other places where the poor and sick are received; Ibid. ~ 30. masters of houses of correction, jailers, keepers of prisons, the warden of the State prison; and superintendents or officers of all other institutions supported or aided by the State, shall, at the expense of their respective establishments or institutions, cause all inmates thereof to be vaccinated immediately upon their entrance thereto, unless they produce sufficient evidence of previous successful vaccination within five years. rowns may make 32. Each town may make further provision for the vaccinafurther provision for vaccination. tion of its inhabitants, under the direction of the board or a comIbid. ~ 31. mittee chosen for the purpose. QUARANTINE. City may establish 33. A town may establish a quarantine ground in a suitable a quarantine ground. place either within or without its own limits; but if such place bid. ~32. is without its limits, the assent of the town within whose limits it may be established shall be first obtained. Two ornlore may 34. Two or more towns may at their joint expense establish establish a cornmmon quarantine a quarantine ground for their common use in any suitable place ground33 either within or without their'own limits; but if' such place is without their limits, they shall first obtain the assent of the town within whose limits it may be. HEALTH. 321 35. The board of health in each seaport town may from time Board of health to time establish the quarantine to be performed by vessels arriv- may establish quarantine of vesing within its harbor; and may make such quarantine regulations sels. G S. 26, ~ 34. as it judges necessary for the health and safety of the inhab- s. itants. Whenever quarantine is imposed on any vessel coming from Penaltyifowner lor master of vessel abroad, and the owner, consignee, master, or other person inter- makefalsedeclaraested in such vessel or her cargo, shall be interrogated by any tionSpec. Laws, v. 3, member of the board of health in his official capacity, or by the p. 211, ~ 3. visiting physician of said board, respecting any circumstance or event, touching the health of the crew or passengers on such vessel, or any infection suspected in the cargo, from the time of her first engaging upon the voyage she may then be terminating, and the said owner, consignee, master or other person interested as aforesaid, shall make any false or unfounded declaration respecting the points under examination, every such owner, consignee, master or other interested person, upon conviction thereof, in manner as pointed out in the eighth section of the 1 law to which this is an addition, shall forfeit and pay a fine not exceeding five hundred dollars, suffer six months imprisonment, either or both, at the discretion of the court having cognizance of such offence. 36. Such regulations shall extend to all persons, goods, and Quarantine regulaeffects arriving in such vessels, and to all persons who may visit tils to extend to or go on board of the same.2 G. s. 26, ~ 35. 37. Whoever violates any such regulation after notice thereof Penaltyforviolation after notice. has been given in the manner before provided in this chapter, shall tbid. ~,3G. forfeit a sum not less than five nor more than five hundred dollars. 38. The board in each seaport town may at all times cause a vessels suspected vessel arriving in such port, when such vessel or the cargo thereof ofde ietti to be is in its opinion foul or infected so as to endanger the public tine. Ibid ~ 57. health, to be removed to the quarantine ground and thoroughly purified at the expense of the owners, consignees, or persons in possession of the same; and may cause all persons arriving in or going on board of such vessel, or handling the cargo, to be removed to any hospital under the care of the board, there to remain under their orders. 39. If a master, seaman or passenger belonging to a vessel on Penalty, if master, board of which any infection then is or has lately been, or is sus- tseTln, rc.o refunse pected to have been, or which has been at, or has come from, a port &cIbid. ~ 38. where any infectious distemper prevails that may endanger the public health, refuses to make answer on oath to such questions as may be asked him relating to such infection or distemper by the 1 1799, e. 10, ~ 8. 2 See quarantine fees, post. 322 HEALTH. G.. 26, ~ 38. board of health ot the town to which such vessel may come (which oath any member of the board may administer), such master, seaman, or passenger shall forfeit a sum not exceeding two hundred dollars; and if not able to pay said sum, he shall suffer six months' imprisonment. Quarantine ex- 40. All expenses incurred on account of any person, vessel, penses, how paid bypenses, hor r roods, under quarantine regulations, shall be paid by such by person or sl b owner. person or the owner of such vessel or goods respectively. Ibid. ~ 39. HOSPITALS AND DANGEROUS DISEASES. Iospital may be 41. Any town may establish within its limits, and be constantly provided by provided with, one or more hospitals for the reception of persons towns. Ibid. ~ 40. having a disease dangerous to the public health. To be under orders 42. Such hospitals shall be subject to the orders and regulaof board of health. Ibid. 41helth tions of the board, or of a committee of the town appointed for that purpose. Hospitals not to be 43. No such hospital shall be established within one hundred within, &c. rods of an inhabited dwelling-house situated in an adjoining town, Ibid. ~ 42. without the consent of such town. Physiians, &e., in 44. When a hospital is so established, the physician, nurses, hospitals subject to attendants, the persons sick therein, and all persons approaching board of health. Ibid. ~ 43. or coming within the limits of the same, and all furniture and other articles 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. Board of health to 45. When a disease dangerous to the public health breaks out r ovide hosital in any town, the board shall immediately provide such hospital or &c., and remove sick, &c. place of reception for the sick and infected as is judged best for id. ~44. their accommocation and the safety of the inhabitants; which shall be subject to the regulations of the board; and the board may cause any sick and infected person to be removed thereto, unless the condition of such person will not admit of his removal without danger to his health, in which case the house or place where he remains shall be considered as a hospital, and all persons residing in or in any way concerned within the same shall be subject t t the regulations of the board as before provided. Selectlnen to give 46. When such disease is found to exist in a town, the selectnotic of infected men and board of health shall use all possible care to prevent the places. Ibid.~4 4. spreading of the infection, and to give public notice of infected See ~ d2. 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 onl persons 47. If a physician or other person in any of the hospitals or in hospitals, &c., places of reception before mentioned, or who attends, approaches, HEALTH. 323 or is concerned with the same, violates any of the regulations for violatingregulawfully made in relation thereto, either with respect to himself, or t s 26, ~ 4. his or any other person's property, he shall for each offence forfeit See ~02. a sum not less than ten nor more than one hundred dollars. 48. When a householder knows that a person within his family Householders to is taken sick of small-pox or any other disease dangerous to the give glout,,ufease public health, he shall immediately give notice thereof to the Penalty. Ibid. ~ 47. selectmen or board of health of the town in which he dwells. If he refuses or neglects to give such notice, he shall forfeit a sum not exceeding one hundred dollars. 49. When a physician knows that any person whom he is Penalty on physicalled to visit is infected with small-pox or any other disease cian for not giving notie of dasngerous dangerous to the public health, he shall immediately give notice disease. Ibid. ~ 48. thereof to the selectmen or board of health of the town; and if he refuses or neglects to give such notice he shall forfeit for each offence a sum not less than fifty, nor more than one hundred dollars. 50. Expenses incurred by a town in the removal of nui- Expenses recoverable of individuals; sauces or for the preservation of the public health, and which are able of idivdual s recoverable of a private person or corporation by virtue of any ibid. 49. provisions of law, may be sued for and recovered in an action of contriact. 51. Fines and forfeitures incurred under general laws, the Fines and forfeietues to isnure to special laws applicable to a town, or the by-laws and regulations se oftown. of a town relating to health, shall inure to the use of such Ibid. i50. bee G. S. 19, ~ 15. town. 5 cush. 408. 52. The provisions of sections seventeen, eighteen, forty- sminll-pox. five, forty-six, and forty-seven, shall not apply to small-pox. bid. OFFENSIVE TRADES. 53. The board shall from time to time assign certain places Board toassign places for exercisfor the exercising of any trade or employment which is a nuisance ineg osentsive or hurtful to the inhabitants, or dangerous to the public health, tproes, and im or the exercise of which is attended by noisome and injurious Ibid. ~52. odors, or is otherwise injurious to their estates, and may prohibit See ~ 547. the exercise of the same in places not so assigned; the board may 8 Allen, 325. also forbid the exercise of such trade or employment within the 11 nllen, 3.8 limits of the town or in any particular locality thereof. All such assignments shall be entered in the records, and may be revoked when the board shall think proper. 54. When it appears on a trial before the superior court for Superior court may, on complaint the county, upon a complaint made by any person, that any place.revoke such or building so assigned has become a nuisance, by reason of often- sb.g.menl.. sive smlells or exhalations proceeding rom the same, or is other-. sive smells or exhalations proceeding from the same, or is other 324 HEALTH. G. S. 26, ~ 53. wise hurtful or dangerous to the neighborhood or to travellers, the 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 nuisance to be removed or prevented. Action for damages 55. A person injured either in his comfort or the enjoyment from nuisance. Ibid. ~sa4. of his estate by such nuisance, may have an action of tort for the damage sustained thereby. Orders of prohibi- 56. Orders of prohibition under section fifty-three shall be tion, &c., to be tseveclon occupant. served upon the occupant or person having charge of the premises if he refuses to where such trade or employment is exercised. If the party upon obey, board may p.reven t. whom such order is served, for twenty-four hours after such serPenalty. vice refuses or neglects to obey the same, the board shall take all Ibid. ~ 55. 11 Alen, 398. necessary measures to prevent such exercise; and the person so refusing or neglecting shall forfeit a sum not less than fifty nor more than five hundred dollars. Appeal by o 7. ny person 57 persoaggrieved by such order may appeal thereaggrieved. Proceedings. from, and shall, within three days from the service thereof upon ibid, ~56. him, apply to the superior court, if in session in the county where such order is made, or in vacation to any justice of said court, for a jury; and such.court or justice shall issue a warrant for a jury, to be impanelled at a time and place expressed in the warrant, in the manner provided in regard to the laying out of highways. Whenever any person by mistake of law, or fact, or by accident fails to appeal from any order of any board of health and to apply to the superior court or any justice thereof for a jury within the three days limited therefor by this section, such person may at any time thereafter appeal from such order and apply for a jury with the same effect as if' done within the said three days; provided, that such person so appealing and applying shall make it appear to the court or justice that such failure was caused by mistake or accident; and provided, also, that such appeal and application shall be made within thirty days after service of such order upon such applicant. Trade not to be 58. During the pendency of the appeal such trade or employexercised mean- ment shall not be exercised contrary to the order; and upon any Ibid, ~ 7. violation of the same the appeal shall forthwith be dismissed. Verdictof jury 59. The verdict of the jury, which may either alter the order, may alter, &c., or affirm or annul it in full, shall be returned to the court for order; to be re- r turned for accept- acceptance, as in case of highways; and said verdict, when asCe, &C. Ibid. ~58. accepted, shall have the authority and effect of an original order from which no appeal had been taken. Costs,-howand 60. If the order is affirmed by the verdict, the town shall when assessed; on whom;andtowhat recover costs against the appellant; if it is annulled, the appelamount. lant shall recover damages and costs against the town; and it it Ibid, ~ 59. HEALTH. 325 is altered, the court may render such judgment as to costs as in G. S. 26, ~ 59. their discretion may seem just. 61. The provisions of this chapter extend to cities so far as the Provisions of this chapter extend to same are not inconsistent with their several charters or acts in citi exten. t amendment thereof. Ibid. ~ GO. NUISANCE CAUSED BY WET LANDS.1 62. By an act passed April 29, 1868, the provisions of chapter Wetlands to be twenty six of the General Statutes, relating to the preservation of redeemed,. 1868, C. 160, ~ 1. the public health, were extended as follows: When any lands in any city or town are wet, rotten, or spongy, or covered with stagnant water, so as to be offensive to persons residing in the vicinity thereof, or injurious to health, the same shall be deemed to be a nuisance, and the board of health or health officer of such city or town may, upon petition and hearing, abate such nuisance in the manner provided in the following sections. 63. Any one or more persons claiming to be injuriously affected When a nuisance how abated. by such nuisance may, by petition, describing the premises upon Ibid. 2. which such nuisance is claimed to exist, and setting out the nature of the nuisalce complained of, apply to the board of health or health officer for its abatement, whereupon such board of health, or health officer, shall proceed to view the premises and examine into the nature and cause of such nuisance. 64. If upon such examination the board of health or health Hearing may be officer shall be of opinion that the prayer of the petition or ally had Ibid. ~3. part thereof should be granted, he or they shall appoint a time and place for a hearing upon the petition, and before the time so appointed shall cause reasonable notice of the time and place to be given to the petitioners, the persons whose lands it may be necessary to enter upon to abate the nuisance, and any other persons who may be affected by the proceedings, and, except in those cities and towns in which the mayor and aldermen and selectmen constitute the board of health, to the mayor and the chairman of the selectmen, that they may be heard upon the necessity and mode of abating such nuisance, and the questions of damages, and of the assessment and apportionment of the expenses thereof. 1 See chap. 308, 1867, authorizing the city to purchase or otherwise take the lands, with the buildings and other fixtures thereon, situated and lying within the Czhurch street District, so called, for the purpose of abating a nuisance and preserving the public health; also, chap. 277, 1868, authorizing the taking of lands within the Suffolk street District, so called, for the same urpose. For the action of the city council under the same, see City Doc. 41, 1868; and, also, the opinion of the supreme judicial court in the case of John T. Dingley vs. City of Boston, printed in City Doc. 34, 1869. 28 326 HEALTH. Notice of, how 65. Such notice shall be in writing, and may be served by any served. 188,c.160,~4. person competent to serve civil process, upon the mayor and chairman of the selectmen, the petitioners, the owner or occupant of any land upon which it may be necessary to enter, or which may be benefited thereby, or his authorized agent, or by leaving an attested copy of such notice at the last and usual place of abode of such persons; but if the lands are unoccupied, and the owner or aoent is unknown, or without the State, the notice to such owner may be served by posting an attested copy. Expense and dam- 66. At the time and place appointed for the hearing, the board ages, how assessed. Ibid. ~5. of health or health officer shall hear the parties, and after such hearing may cause such nuisance to be abated, according to his or their discretion; and for that purpose may enter and make such excavations, embankments and drains upon any lands, and under and across any streets and ways as may be necessary for such abatement. They shall also determine in what manner and at whose expense the improvements made shall be kept in repair, and shall estimate and award the amount of damage sustained by and benefit accruing to any person by reason of such improvements, and what proportion of the expense of making and keeping the same in repair shall be borne by the city or town and by any person benefited thereby. The damages so awarded shall be paid by the city or town, and there shall be assessed to the several persons benefited by such improvements, his proportionate part, to be ascertained as before provided, of the expense of making and keeping in repair such improvements, and the same shall be included in the next city or town taxes of such persons, and shall be a lien upon the real estate benefited thereby, and be collected in the same manner as other taxes upon real estate, and shall be liable to abatement as other taxes now are. tecord to be made. 67. The boards of health and health officer shall, within thirty ibid. ~ 6. days after the abatement of any nuisance in the manner hereinbefore provided, make return to the city or town clerk of their doings in the premises, which return shall be by him recorded in the city or town books. I'roceedings if 68. If the board of health or health officer shall unreasonably board et health will not aet. refuse or neglect to proceed in the matter of said petition, the Ilid. ~7. petitioner may apply by petition to the superior court or any justice thereof, who, upon a hearing and good cause shown, may appoint three commissioners, who shall proceed in the manner hereinbefore provided. Appeal, how 69. Any person aggrieved by the decision of the board of made. health, health officer, or commissioners in their estimate and Ibid. ~ 8. award of damages, may make complaint to the county commissioners for the county, at any time within one year after return to HEALTH. 327 the city or town clerk, whereupon the same proceedings shall be Iss1, c. 16O, ~8. had as are now provided by law in cases where persons or parties are aggrieved by the award of damages by selectmen for land taken for a town way. DEAD BODIES. 70. The overseers of the poor of a town, the mayor and alder- Overseers of poor, men of a city, and the inspectors and superintendent of a State &,oditeos gdead bodies to physialmshouse, may, to any physician or surgeon, upon his ciansin certain cases. request, give permission to take the bodies of such persons G.s. 27,~1. dying in such town, city or almshouse, as are required to be buried at the public expense, to be by him used within the State, for the advancement of anatomical science; preference being given to medical schools established by law, for their use in the instruction of students.' 71. Every physician or surgeon, before receiving any such Physicians, &c., to give bond on dead body, shall give to the board of officers surrendering the receiving adead same to him, a sufficient bond that each body shall be used only body. I*~~~~~~ ~~~Ibid. ~ 2. for the promotion of anatomical science within this State, and so as in no event to outrage the public feeling; and that, after having been so used, the remains thereof shall be decently buried. 72. Persons having charge of a poor-house, workhouse, or Persons having charge ot poorhouse of industry, in which a person required to be buried at the houses, &c., to give public expense dies, shall forthwith give notice of such death to notice of death. the overseers of the poor of the town or to the mayor and aldermen of the city in which such death occurs; and except in case of necessity, the body of such person shall not be buried until such notice is given, and permission therefor granted by such overseers or mayor and aldermen; nor without their permission shall the body be surrendered for dissection or mutilation. 73. If the deceased person during his last sickness, of his own When dead bodies are not to be given accord requested to be buried, or if, within twenty-four hours to physicians, &c. after his death, any person claiming to be and satisfying the Ibid.~4. proper authorities that he is a friend or of kindred to the deceased, asks to have the body buried, or if such deceased person was a stranger or traveller who suddenly died, the body shall not be so surrendered, but shall be buried. 74. Whoever not being authorized by the board of health violationof overseers of the poor, directors of a workhouse, selectmen, or eplture penalt mayor and aldermen of any city or town, by the board of directors G. S. 15, 37. 10 Pick. 37. for public institutions, or overseers of the poor of the city of 19Pick. 304. Boston, wilfully digs up, disinters, removes, or conveys away, any 1 See order of mayor and aldermen, passed November 9, 1869. City records vol. 47, page 1287. 328 HEALTH. G.s. 165,~37. human body, or the remains thereof, or knowingly aids in such disinterment, removal, or conveying away, and whoever is accessory thereto, either before or after the fact, shall be punished by imprisonment in the State prison not exceeding one year, or in the jail not exceeding two years, or by fine not exceeding two thousand dollars. Buying or having 75. Whoever buys, sells, or has in his possession for the p(ead bodySfor tle purpose of buying or selling, or trafficking in, the dead body of purpose ofsale, &c., penalty for. any human being, shall be punished by fine of not less than fifty Ibid. ~ 38. nor exceeding five hundred dollars, or by imprisonment in the jail not less than three months, nor exceeding three years. CEMIETERIES AND BURIALS. Burial-places. 76. Each town and city shall provide one or more suitable G.. 28, ~ 4. places for the interment of persons dying within its limits. Private land not to 77. Except in the case of the erection or use of a tomb on be used for, except, private land for the exclusive use of the family of the owner, &c., Ibid. ~5. no land, other than that already so used or appropriated, shall See ~8. be used for the purpose of burial, unless by permission of the town or of the mayor and aldermen of the city in which the same is situated. Boards of health to 78. Boards of health may make all regulations which they make regulations, judge necessary concerning burial-grounds and interments within &C. Ibid. ~6. their respective limits; may prohibit the use of tombs by under8 Cush. 68. 13 Allen, 546. takers (as places of deposit for bodies committed to them for burial), for the purpose of' speculation, and may establish penalties not exceeding one hundred dollars for any breach of such regulations. To give notice of 79. Notice of such regulations shall be given by publishing regulations. the same in some newspaper of the town or city, or if there is no Ibid. ~ 7. See ~ 74. such newspaper, by posting a copy in some public place therein, which shall be deemed legal notice to all persons. Notice to be given 80. Before a tomb, burial-ground, or cemetery is closed by before closing order of the board of health for a time longer than one month, tombs, &c., by orderof board. all persons interested shall have an opportunity to be heard, and )Ibid. a. ~ personal notice of the time and place of hearing shall be given to at least one owner of the tomb, and to three at least, if so many there are of the proprietors of such burial-ground or cemetery, and notice shall also be published two successive weeks at least preceding such hearing, in two newspapers, if so many there are published in the county. Appeal from order 81. The owner of a tomb aggrieved by the order of the of board. Ibidoad. board of health closing any tomb, burial-ground, or cemetery, may appeal therefrom, and at any time within six months from the date of the order enter his appeal in the superior court; and HEALTH. 329 the appellant shall give the board of health fourteen days' notice G. s. 28, ~ ). of his appeal previous to the entry thereof. But the order of the board shall remain in force until a decision shall be had on the appeal. 82. Appeals shall be tried in regular course before a jury, To be tried by a and if the jury find that the tomb, burial-ground, or cemetery jl. Cust. Ibid. ~ 10. so closed was not a nuisance, nor injurious to the public health at the time of the order, the court shall rescind the same so far as it affects such tomb, burial-ground, or cemetery, and execution for costs of the appeal shall issue in favor of the appellant against the town or city in which the same was situated. But if the order is sustained, execution shall issue for double costs against the appellant in favor of the board of health for the use of the town or city. 83. For every interment in violation of section seventy-seven Penalty for violain a town or city in which the notice prescribed in section seventy- Ibid. ~.oflcha nine has been given, the owner of the land so used shall forfeit not less than twenty nor more than one hundred dollars. 84. Whoever wrongfully destroys, impairs, injures, or re- For injuring moves a tomb, gravestone, building, fence, railing,, or other thing tombs, &2. lawfully erected in or around a place of burial or cemetery or a 2 Allen, 12. 7 Allen, 299. tree, shrub, or plant situate within its limits, or wrongfully injures a walk or path therein, or places rubbish or offensive matter within a place of burial or cemetery, or commits any nuisance therein, or in any way desecrates or disfigures the same, shall forfeit for every such offence not less than five nor more than one hundred dollars. Upon the trial of a prosecution for the re- Proofoftitle. covery of such penalty, use and occupation for the purposes of Ibid. burial shall be deemed sufficient evidence of title. 85. Whoever wilfully destroys, mutilates, defaces, injures, or Injuring or defacremoves any tomb, monument, gravestone, or other structure or ilg othe any tom monument rials of the dead, thing placed or designed for a memorial of the dead, or any fence, &c. railing, curb, or other thing intended for the protection or orna- G.S, ment of any tomb, monument, gravestone, or other structure, before mentioned, or of any enclosure for the burial of the dead, or wilfully destroys, mutilates, removes, cuts, breaks, or injures any tree, shrub, or plant placed or being within any such enclosure, or wantonly or maliciously disturbs the contents of a tomb or grave, shall be punished by fine not exceeding five hundred dollars nor less than ten dollars, or by imprisonment in the jail not exceeding one year. 86. Whoever lays out, opens, or makes a highway or townway, Making roads, or constructs a railroad, turnpike, or canal, or any other thing in canals, &c. through 5 1 5 ^ ^ & "* burial-grounds. the nature of a public easement, over, through, in, or upon any Ibid.~40. part of such enclosure, being the property of a city, town, parish 28* 330 HEALTH. G. S. 1G5, ~ 40. religious society, or of private proprietors, used or appropriated for the burial of the dead, unless an authority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society, or proprietors respectively is first obtained, shall be punished by fine not exceeding two thousand dollars, or by imprisonment in the jail not exceeding one year. OFFENCES AGAINST THE PUBLIC HEALTH. Selling corrupt or 87. Whoever knowingly sells any kind of diseased, corrupted, vusions leithout or unwholesome provisions, whether for meat or drink, without notice. miaking the same fully known to the buyer, shall be punished by G. S. 166, ~ 1. 12 Cush. 499. imprisonment in the jail not exceeding six months, or by fine not exceeding two hundred dollars. Young calves not 88. Whoever kills or causes to be killed, for the purpose of to be killed for toble, or sold sale, any calf less than four weeks old; or knowingly sells, or has 1866, c. 23,. in his possession with intent to sell, the meat of any calf killed!7 Mass. 167. when less than four weeks old,- shall be punished by imprisonment in the jail or house of correction not exceeding six months; or by fine not exceeding two hundred dollars; or by both such imprisonment and fine: and all such meat exposed for sale, or kept with intent to make sale thereof, may be seized and destroyed by any board of health, or health officer, or by any sheriff, deputy sheriff, constable, or police officer.1 Search warrant for 89. When complaint is made on oath to any police court or such meat may be magistrate authorized to issue warrants in criminal cases, that issued. Ibid. ~2. the complainant believes that any meat such as is described in the first section is kept or concealed in any particular house or place, with the intent to sell, or offer the same for sale, the court or magistrate, if satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such meat; and all such warrants shall be directed and executed in the manner provided in the third section of the one hundred and seventieth chapter of the General Statutes. Adulterating food. 90. Whoever fraudulently adulterates, for the purpose of sale, G. S.166, 3. bread or any other substance intended for food, with any substance injurious to health, shall be punished by imprisonment in the jail not exceeding one year, or by fine not exceeding three hundred dollars; and the articles so adulterated shall be forfeited and destroyed under the direction of the court. Adulteration of 91. Whoever adulterates, for the purpose of sale, any liquor iiquor used for Irini, with coccu- used or intended for drink, with cocculus indicus, vitriol, grains of ss ildicus, &c. paradise, opium, alum, capsicum, copperas, laurel water, log-wood, Ibid. ~ 4. Brazil wood, cochineal, sugar of lead, or any other substance 1 See also Faneuil Hall Market, ante. HEALTH. 331 which is poisonous or injurious to health; and whoever knowingly G.. 166, ~ 4. sells any such liquor so adulterated, shall be punished by imprisonment in the State prison not exceeding three years; and the articles so adulterated shall be forfeited. 92. Whoever fraudulently adulterates, for the purpose of sale, Adulteration of any drug or medicine, or sells any fraudulently adulterated drug or drug and medimedicine, knowing the same to be adulterated, shall be punished Ibid. ~ 5. by imprisonment in the jail not exceeding one year, or by fine not exceeding four hundred dollars; and such adulterated drugs and medicines shall be forfeited and destroyed under the direction of the court. 93. Whoever wilfully or maliciously defiles, corrupts, or makes wilfully corruptimpure any spring or other source of water or reservoir, or destroys Ining rg aqueduct., or injures any pipe, conductor of water, or other property per- bid. ~ 6. See Water, post, taiing to an aqueduct, or aids r abets in any such trespass, shall ~ 1. be punished by fine not exceeding one thousand dollars, or by imprisonment in the jail not exceeding one year. 94. If an apothecary or other person sells any arsenic, strych- Persons selling arsenic, &c., to nine, corrosive sublimate or prussic acid without the written pre- keep record, &c. scription of a physician, he shall keep;a record of the date of such Purchasers who give false name, &c. sale, the article, the amount thereof sold, and the person or per- ibid. ~7. sons to whom delivered; and for each neglect he shall forfeit a sum not exceeding fifty dollars. Whoever purchases deadly poisons, as aforesaid, and gives a false or fictitious name to the apothecary or other person, shall be punished by fine not exceeding fifty dollars. 95. W hoever sells within this State or exports therefrom Damaged fishnot tainted or damaged fish, unless with the intent that the same tporteld,&e shall be used for some other purpose than as food. shall forfeit the Penalty. sum of ten dollars for every hundred pounds of such fish, and in G S 4' ~ 57. the same proportion for any other quantity; and upon a 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. ORDINANCE.1 SECTION 1. The board of aldermen shall con- The board of aldermen shall constistitute the board of health of the city, for all tute tihe boad of health. 1 An ordinance relating to the public health, passed May 21, 1863. Amended July 8, 1864, June 1, 1866, July 28, 1866, September 28, 1867, October 22, 1867, October 6, 1868, Octtober 15, 1869. This ordinance was published two successive weeks in the Boston Daily Advertiser of June 17 and 24, and in the Boston Post of June 18 and 25 1863, as required by sect. 79 of the Statutes, ante. 332 HEALTH. May 21,1865. purposes, and shall exercise 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. The mayor shall SECT. 2. It shall be the duty of the mayor to protect the public health, and enforce be vigilant and active in protecting the public the laws and ordines. health; to see that the laws and ordinances in relation to the same are enforced, to communicate his views to the board of aldermen or the city council from time to time as he may deem expedient; and he shall have power to call upon the police and the various city officers to aid him in the performance of these duties. 1 By the seventeenth section of the act of 1821, establishing the city of Boston, and confirmed by the act of 1854, all the power and authority by law vested in the board of health for the town of Boston, at the time of the passage of the said act, relative to the quarantine of 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, 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. And the supreme judicial court, in the case of Baker vs. City of Boston, 12 Pick. 184, held that it was 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 connection with the measures of municipal regulation, and in such case compensation must be provided for, or the appropriation will be unconstitutional and void. Baker vs. City of Boston, 12 Pick. 184. See stat. 1821, c. 110, ~ 17; 1854, c. 448, ~ 40. HEALTH. 333 SUPERINTENDENT OF HEALTH. SECT. 3. There shall be elected annually, on Superintendent of health to be electeld. the first Monday of February, or within sixty May 21,186 days thereafter, by concurrent vote of the two branches of the city council, a superintendent of the health department, who shall hold his office for one year from the first Monday of April in the year in which he is elected, and until a successor is elected and qualified, or he is removed. He may be removed at the pleasure of the city council, and a vacancy may be filled at any time for the unexpired term. He shall receive such compensation as the said council may from time to time determine. SECT. 4. The said superintendent is author- Superintendent ~~ —L ~ ~ ~ ~ ~ ~ may appoint ized to appoint an assistant, to act under his assistant'. J- Ibid. control and direction, who shall be approved by the board of 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 board of aldermen. SECT. 5. The execution of the laws and ordi- To execute all aws and ordinances,n nances relating to the subject of health shall be subject of healh. under the charge of the said superintendent and Sept.28,1867. his assistant; and it shall be their duty, 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 the ordinances of the city, subject 334 HEALTH. Set. 86, always to the direction, authority, and control of the board of aldermen and of the board of health for the time being; and they shall perform any other services that may be required of them by the said boards, or either of them. And the superintendent may, under the direction of the board of health or any committee thereof, abate any nuisance without an order from the board of aldermen therefor, when the person whose duty it is to abate the same has been legally notified to abate it and has neglected so to do, after the time fixed therefor in the notice served on him, and when in the judgment of said superintendent the exigency for the immediate abatement thereof is so great that delay for the action of the board of aldermen would be dangerous to the public health. To give bond. SECT. 6. The said superintendent of the health Mlay 21, 183.. department shall give bond with one or more sureties, to the approbation of the board of aldermen, with condition that he shall faithfully perform all the duties of his office, and account for all moneys entrusted to him, and that he will not, directly or indirectly for himself or others, or by others in trust for him, or on his account, have any interest or concern in any purchase, lease, contract, or agreement made in pursuance of this ordinance. l)ties of SECT. 7. The said superintendent shall attend superintendll(lent. itY 21. 1863. at his office a portion of each day. He shall keep or cause to be kept, a record of all his proceedings, and a set of books, in which shall be entered, HEALTH. 335 under appropriate heads, the receipts and expen- May 21,.8s3. Oct., 1869. ditures 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 quarterly report thereof to the city council. On or before the tenth day of To make report to city council. 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 in each branch thereof, and such other information as he may consider desirable, together with a schedule of the property under his charge belonging to the city, and the value thereof. SECT. 8. He shall report annually, on or be- To reportan estimate to auditor fore the fifteenth day of February, to the auditor of the wants ot his department. of accounts, a detailed estimate of the wants of May 21, 1863. his department for the next financial year. SECT. 9. He shall have, under the direction To haveclarge of city teams and and control of the board of aldermen, the care stables. Ibid. and superintendence of the city teams and stables, and shall make all necessary arrangements for cleaning the streets, disposing of manure, and removing house dirt and house offal. He shall, To urnit teams for streets from time to time, furnish to the superintendent Ibid. of streets such carts and horses as he may need, and they shall be charged to the department of paving and repairs of streets. SECT. 10. Whenever the superintendent of To make and deliver all bills for health sells any articles or materials belonging to materials sold and ciwork done to the city treasurer for 336 HEALTH. collection the city, or does, or causes to be done, work for MAay 21,1863. 9 Oct. 15, 1S8. any individual, he shall enter in books to be kept for that purpose all such sales and work done, with the price thereof, and shall forthwith make out bills for the same and deliver them to the city treasurer for collection, and the said treasurer shall forthwith demand payment of the said bills, and in case any bills or dues under this ordinance remain unpaid at the expiration of thirty days after dcemand for payment as aforesaid, the said treasurer shall deliver the same to the city solicitor for legal proceedings; but if the mayor is satisfied that the interests of the city require it, he may cause legal proceedings to be had at any time. To mnake up pay- SECT. 11. The pay-rolls of the laborers emrolls of laborers. May 21, 183. ployed under the direction of the superintendent of health shall be made up and certified by him, and upon being duly allowed and audited shall be paid by the city treasurer, at such times and places as he may appoint, and he may employ a clerk for that purpose. INTERMENT OF THE DEAD. Intermelt of dead SECT. 12. The interment of the dead shall be shall be under supernltendence of under the superintendence of the city registrar, city registrar. Id. vwho shall carry into execution all laws, ordinances, 5 Cush. 408. regulations and orders, relating to the interment of the dead, subject always to the direction, authority, and control of the board of aldermen. Ie shall have SECT. 13. The city registrar shall have the charge of burying-,grounds. care and custody of all the burying-grounds in HEALTH. 337 the city, and shall keep the same in good repair Mal 21,183. and secured from trespassers, and prevent any and all nuisances therein. SECT. 14. He may give licenses for burials, May give licenses for burials, &c. and for the removal of dead bodies from the city, Ibid. and point out the place, depth, width, and range of all graves in the several burying-grounds, and shall forbid graves to be dug within those limits in such grounds in which, in his judgment, it would be dangerous to the public health to allow graves. SECT. 15. No person shall bury or inter, or Dead bodies sall not -be buried cause to be buried or interred, any dead body, in witlout licese. violation of any direction or order of the said I(Pick." 21. registrar, given in accordance with the preceding section, or without having first obtained a license so to do from the city registrar. SECT. 16. 5No person shall inter, or cause to Gravesshallbe three feet deep. be interred, any dead body in a grave less than bid. three feet deep from the surface of the ground surrounding the grave to the top of the coffin. SECT. 17. On the first Monday of February, Funeral ueldr-' takers to be annually, or within sixty days thereafter, the appotited. mayor, by and with the advice and consent of the Ot. 15l,. aldermen, shall appoint for a period of one year, from the first Monday of April in the year in which they may be appointed, such a number of funeral undertakers as he may deem expedient, and they shall be responsible for the decent, orderly, and faithful management of the funerals undertaken by them, and for a strict compliance 29 338 HEALTH. May 21, 186. with the ordinances of the city in this behalf. Oct. 15, 1869. Porters. Each undertaker may employ porters, of a discreet and sober character, to assist him, and he shall be accountable for their conduct; said undertakers and porters may be removed at the pleasure Noterperson of the mayor. No person not appointed as aforeshall open any tomb. &c. said shall open any tomb or grave for the purpose of depositing or removing a dead body without the permission of the city registrar. ine for burials. SECT. 18. No person shall bury or inter, or May 21, 1863. cause to be buried or interred, any dead body at any other time of the day than between sunrising and sunsetting, except when otherwise permitted Toing of bells by the city registrar. No bell shall be tolled in forbidden. Ibid. the city of Boston, at any funeral, without a special permit therefor from the mayor, who is hereby authorized to suspend the usual ringing of any bell, when the illness of any person in the neighborhood thereof may require such suspension. The corpse of every person of ten years of age and upward shall be conveyed to the F.useral car to be grave or tomb in a funeral car, drawn by not employed. more than two horses; provided, however, that, on extraordinary occasions, permission may be obtained from the mayor, on application for that purpose, to dispense with any of the provisions of this section. Nograve to bedu SECT. 19. ANo grave shall be opened or dug without permisy211863. in any of the burying-grounds in the city, unless Oct. 15, 1869. by permission of the board of aldermen or the city registrar. HEALTH. 339 SECT. 20. No conductor on any railroad, no odead body to be removed withmaster of any steamboat or other vessel, no hack out iconeO. driver, or other person, shall remove, or cause to be removed, from the city, any dead body, without the written license of the city registrar. SECT. 21. No person shall remove any dead No dead bodyto be disturbed body, or the remains of any such body, from any wthoutlicense. of the graves or tombs in this city, or shall disturb any dead body in any tomb or grave without the license of the city registrar. SECT. 22. No grave or tomb shall be opened No grave, &c., to be opened except, from the first day of June to the first day of &c.withoutpermission. October, except for t of intrrn the purpose of Ibid. dead, without the special permission of the board of aldermen or the city registrar. SECT. 23. For services rendered in accordance Feesofundertakers. with the provisions of this ordinance, undertakers Oct. 22, 17. Oct. 15, 1869. shall be entitled to receive the following fees, and no more, to wit: For digging a grave eight feet deep and covering the same, three dollars and fifty cents; for digging a grave six feet six inches deep, two dollars; for digging a grave five feet deep, one dollar and seventy-five cents; for digging a grave four feet deep, one dollar and fifty cents; for digging a grave three feet six inches deep, one dollar and twenty-five cents; and when the ground is frozen, the charge for digging graves may be augmented at the discretion of the city registrar. For opening and closing a tomb, one dollar and fifty cents; for placing a corpse in a coffin, when requested, and removing 310 HEALTH. ct.22,1867. the same down stairs, one dollar and fifty cents; Oct. 15, 1869. for carrying a corpse to the tomb or grave, including the assistance of funeral porters and one horse, five dollars; for carrying a corpse to the tomb or grave, including the assistance of funeral porters and two horses, seven dollars and fifty cents; for carrying a corpse out of the city, there shall be allowed fifty cents in addition for each mile beyond the limits of the city. When a corpse is carried into a church for a funeral service, the undertaker may make an additional charge of two dollars. For lighting a cemetery, one dollar. For the burial of children under ten years of age, the fees shall be as follows: For services at the house, one dollar; for carrying the corpse to the carriage, and from the carriage to the place of deposit, and interring the same, one dollar; for the use of a pall, twenty-five cents. The fees for disinterring and removing bodies from graves or tombs shall be in accordance with the amount and nature of the services rendeired. Board of aldermen SECT. 24. The board of aldermen are authormay make regulation. 863 ized to make and adopt any regulations in relation to the interment of the dead which they may deem expedient, not inconsistent with the foregoing provisions, and subject to the approval of the mayor. CITY PHYSICIAN. City physician to SECT. 25. There shall be elected annually, on be elected; tenure of office. the first Monday of February, or within sixty Ibid. days thereafter, by concurrent vote of the two branches of the city council, a city physician who HEALTH. 341 shall hold his office for one year from the first May 21,1863. Monday of April, in the year in which he is elected, and until a successor is elected or he is removed. He may be removed at the pleasure of the city council, and a vacancy may be filled at any time for the unexpired term. He shall receive such compensation as the said council may from time to time determine. SECT. 26. On the first Monday in February, Consulting physicians to be elected. annually, or within sixty days thereafter, there Ibid. shall be elected, by concurrent vote of the city council, five consulting physicians, whose tenure of office shall be the same as that of the city physician, and whose duty it shall be, in case of Theirduties. Ibid. 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. SECT. 27. The city physician, when notified City physician shall examine into thereof, shall examine into all nuisances, sources nuisances,&c. Ibid. of filth, and causes of sickness which 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; and, under the direction of the board of aldermen, shall cause the same to be removed or destroyed. 29* 342 HEALTH. City physician's SECT. 28. There shall be provided by the city office. May 21, 1863. council a suitable office for the city physician, free of expense to him; at which place he shall attend at such times as the board of aldermen IIeshall vaccinate may direct; and he shall vaccinate, without inhabitants who apply,&c. charge, any inhabitant of Boston, not previously Ibid. vaccinated, who may apply for that purpose; he shall also give certificates of vaccination to such children as have been vaccinated, and require such certificates for admission to the public Proviso. schools; provided, that no person shall be entitled Ibid. 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. Tokeepandsup- SECT. 29. He shall always have on hand, as ply vaccine virus. Ibid. far as is practicable, a sufficient quantity of vaccine virus, and he shall supply the physicians of the city institutions, and the disp'ensary, with the same, without expense to them. To examine cases SECT. 30. He shall examine all cases of disof disease when called upon by ease within the city, and inquire into all sources mayor and aldermn, &c. of danger to the public health whenever called upon by the mayor, the board of aldermen, the board of health for the time being, or the overseers of the poor, and shall give his professional services and advice therein, and at all times when required by either of said persons or boards. To attend at jail, SECT. 31. The city physician shall attend xc. HEALTH. 343 upon all cases of disease, and perform all the pro- May 21,1863. fessional services that may be requirec in the jail, city prison under the court house, in the city temporary home, and in the several police stations in the city, except those at East and South Boston. He shall, when requested by the mayor, board of aldermen, or chief of police, examine all candidates for appointment to the police force; examine the condition of all officers absent from duty from disability; also all cases of accidental injury whereby the city may become liable; and shall report to the city registrar, when requested by him, the causes of death of all persons dying with no physician in attendance. SECT. 32. He shall keep a record of all cases To keep record of cases of small-pox, of small-pox or other malignant diseases, attended &c. by him under this ordinance, and shall make such reports thereof to the board of aldermen as they may from time to time direct. SECT. 33. He shall also keep a correct record Tokeeprecordof doings of his office. of all the doings of his office, and shall make a Ibid. regular return thereof to the city council as often as once in three months. SECT. 34.o Whenever any vessel arrives in the Harbormaster shall report to city harbor of Boston, between the first day of April physician vessels having hides, &c. and the fifteenth day of November in any year, May 21, 1863. July 28, 1866. having on board any hides, hide cuttings, skins, rags, or fruit, the harbor police shall give immediate notice thereof to the city physician. SECT. 35. Every master and consignee of any asterof such */essel) <-'iving ~/thia the timevessel shall give vessel, arriving within the time fixed in the pre- oticetoharbor 344 HEALTH. master or ceding section, and containing the articles therein city physician. Mly 21, 186 named, or any of them, shall give immediate notice of the arrival of such vessel to the harbor master or the city physician. QUARANTINE. Quarantine SECT. 36. The quarantine grounds of the city grounds. June 1,1866. of Boston shall consist of Deer Island and Gallopes Island, in Boston harbor; and said islands are hereby made and declared to be the places of quarantine for the port of Boston. Port physician to SECT. 37. There shall be elected annually, on be chosen. MaIay 21, 1863. the first Monday in February, or within sixty days thereafter, and whenever a vacancy occurs, by concurrent vote of the two branches of the city council, a port physician, who shall hold his office for one year from the first Monday of April in the year in which he is elected, and until a successor is elected or he is removed. He may be removed at the pleasure of the city council, and a vacancy may be filled at any time for the unexpired term. He shall receive such compensation as the said council may from time to time determine. To reside at Deer SECT. 38. The port physician shall reside at Island and superintend quarantine Deer Island. He shall be superintendent and hospital, &c. Ibid. physician of the quarantine hospital at Deer Island, and physician of all the city establishments which are, or may be, located upon said island, and which may not be otherwise provided for by the city council. He shall also perform all such services HEALTH. 345 as may be required of him by the mayor, or the May 21, 180 board of aldermen, in relation to quarantine. SECT. 39. The port physician shall keep a To keep record of cases of small-pox, record of all cases of small-pox and other malig- &. nant diseases, attended by him under this ordinance, and shall make such reports thereof to the mayor and to the board of aldermen as they may from time to time direct. SECT. 40. The port physician shall also keep To keep record of his other doings. a correct record of his other doings, and shall Ibid. mazke a regular return thereof to the city council as often as once in three months. SECT. 41. The port physician may, at any time, Assistant port physician. with the concurrence of the board of health, Juno, 18(;. appoint an assistant port physician, to hold his office so long as the board of health shall determine; and such port physician shall receive such compensation for his services as may be appropriated therefor by the city council. VAULTS AND DRAINS. SECT. 42. The owner, agent, occupant, or other Owner, &e., of dwelling-houses, person having the care of any tenement used as &c., shall furnish them with suitable a dwelling-house, or of any other building with drains and privies. May 21, 18G3. which there is a privy connected and used, shall Oct. 15,1869. furnish the same with a sufficient 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 346 HEALTH. Pealty'. those having occasion to use such privy. Any May 21, 1863. - ct. 15, 1869. such owner, agent, occupant, or other person who shall neglect to comply with the provisions of this section, shall be liable to a penalty of not less than five dollars nor more than twenty dollars, for each and every week during which such offence shall continue. ult how to be SECT. 43. All vaults and privies shall be made nuit. Jlly 28, i866. of brick and cement, and contain at least eighty cubic feet, and the inside of the same shall be at least two feet distant from the line of every adjoining lot, unless the owner of said adjoining lot may otherwise agree and consent; and at the same distance from every street, lane, alley, court, square, or public place, or public or private passageway; and they shall be so constructed as to be conveniently approached, opened and cleaned. Every vault shall be made tight, so that the contents thereof cannot escape therefrom, except as is provided in section forty-four. All preparations for cleaning a vault or privy shall be made by the person entering the same; and, in case of neglect to make such preparation, it shall be made by the city, and the expense thereof be charged to such person. Vaultsi s.y be con- SECT. 44. The superintendent of sewers, under nected with common sewers by the direction of the board of aldermen, is authorpermission of supeintendentof ized to permit, under such restrictions, and on the May 21,1863. payment of such sum, not exceeding thirty dollars, as they may deem expedient, the construction of sufficient passageways or conduits under ground for the purpose of conveying the contents of any vault into any common sewer or drain. HEALTH. 347 SECT. 45. If the board of aldermen shall at Proceedings where a suitable privy, any time be satisfied that any tenement, used as vault and drail is t7I~ */ /not constructed. a dwelling-house, or any such other building as May 21,1863. is mentioned in the forty-second section, is not provided with a suitable privy, vault, and drain, or either of them, as aforesaid, they shall 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 may appoint, to cause a proper and sufficient privy, 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 board of aldermen shall cause such privy, vault, and drain to be made for such tenement or other building, at the expense of such owner, agent, occupant, or other person; and in case any such drain, vault, or privy is constructed as aforesaid, for 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. SECT. 46. Whenever any vault, privy, or Offensive vault., drains, &c., to be drain becomes offensive or obstructed, the same repaired nd cleansed. shall be cleansed and made free, and the owner, Aay 21, 186. Sept. 28,1867, agent, occupant, or other person having charge of the land in which any vault, privy, or drain is situated, the state or condition of which is in violation of the provisions of this ordinance, shall 348 HEALTH. May 21,1863. remove, cleanse, alter, amend, or repair the same within such reasonable time, after notice in writing to that effect given by the superintendent of health or his assistant, as shall be expressed in such notice. In case of neglect or refusal so to do, the superintendent of health may, with the advice and consent of the board of health or any committee thereof, cause the same to be removed, altered, amended, or repaired as he may deem expedient, at the expense of the owner, agent, occupant, or other person as aforesaid, and such owner, occupant, or other person shall also be liable to such penalties as are prescribed by law or ordinance. Regulations as to SECT. 47. No cesspool, vault or privy shall be cleansing vaults and s. emptied without a permit from the superintendMay 21, 1863. Oct. 6,188. ent of health or his assistant; nor in any other mode, or at any other time, than he may direct and appoint, subject to such regulations and contracts as the board of 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 for SECT. 48. Books, in which shall be entered all cleansing vaults. May 21, 183. applications for opening and cleansing vaults, shall be kept in convenient places under the charge of the superintendent of health; such applications shall specify the number of loads, if less than the whole contents of the vault, to be removed; and they shall receive attention in the several wards in the order in which they are made, HEALTH. 349 so far as practicable. The board of aldermen shall what sums shall be paid therefor. from time to time determine the sum to be paid May 21,1863. July 8, 1864. by persons malking such applications.' And in Sept.28, 187 order to ascertain the proper sum to fix as a minimum price, for the removal of the contents of the vaults, as hereinbefore provided, the committee on health shall advertise for proposals for such service, for a term not exceeding three years; and shall report to the board of aldermen a contract or contracts therefor for their approval. SECT. 49. No vault shall be opened between Furtler regniathe first day of June and the fifteenth day of taay 1,18s. September, in each year, unless the superintendent of health, or his assistant, 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 prevention of any offensive effluvia, as they, or either of them, may direct, at the expense of the owner, agent, occupant, or other person having charge of the premises. SECT. 50. All waste water shall be conveyed Wastewaterto be carried off in through sufficient drains, under ground, to a drains. Ibid. common sewer, or to such reservoir, sunk under ground, as may be approved by the superintendent 1 By an order of the mayor and aldermen, passed July 19, 1864, the prices to be paid for the removal of night-soil are as follows: Applicants between October 1 and March 1, shall pay at the rate of $4 per load of 80 cubic feet; between March 1 and June 1, $5 per load; between June 1 and October 1, $6 per load. 30 350 HEALTH. May 21, I83. 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. Board of aldermen SECT. 51. Whenever, upon due examination, may remove perons froin tene- it appears to the board of aldermen, that the ments where too provideds wol- number of persons occupying any tenement or Ibid. building in the city is so great as to be the cause of nuisance and sickness, and the source of filth; or that any tenements1 or buildings are 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 said board 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 board of aldermen are hereby authorized and empowered, thereupon, forcibly to remove them; and such person or persons shall be liable to a penalty for such neglect or refusal, and for the expense of their removal. HOUSE OFFAL, ASHES, ETC. touse ofT; how SECT. 52. All house offal, whether consisting to be kept. May21, 1863. of animal or vegetable substances, shall be placed in suitable vessels, and no ashes or other refuse 1 See "Tenement Houses," post. HEALTH. 351 matter shall be mingled therewith; and the same May 21,1803. shall be kept in some convenient place, to be taken away by the city scavengers, which shall be done as often as twice in each week. SECT. 53. Ashes kept for removal by the Ashesshall be kept in metallic vessels, health department shall not be mixed with other &c. Oct. 15,1869. substances, but shall be kept separate and apart, in a convenient locality, in suitable iron or other metallic vessels, and in such a manner as to prevent the spread of fire. SECT. 54. No person shall remove, or carry in, Manner ofitsremoval. Not to be or through, any of the streets, squares, courts, removedwithot lanes, avenues, places, or alleys within the city of ay21, 183. Oct. 22, 1867. Boston any house dirt or house offal, animal or 6Pick-.187 vegetable, or any refuse substances 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 may be removed or carried, shall have been expressly licensed by the board of aldermen, or by the permit of the superintendent of health or his assistant, upon such terms and conditions as they may deem the health and interest of the city require. But all the ashes and cinders made from steam engines, or steam boilers, forges or furnaces, used for mechanical purposes, shall be removed at the expense of the parties occupying the building, or the owners thereof, and at such times, and in such manner as the superintendent of health may direct. SECT. 55. No person, without the license of Nofilthshallbe thrown out into the board of aldermen, shall throw into, or leave streets,&. 352 HEALTH. May 21, 13. in, or upon, any street, court, square, lane, alley, wharf, public square, public 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 fifty-seventh section of this ordinance. Penalty. SECT. 56. If any of the substances mentioned Ibid. in the preceding section shall be thrown or carried fiom any house, warehouse, shop, cellar, yard, or other place, or left in any of the places specified in the preceding section, the owner and occupant of such house, warehouse, shop, cellar, yard, or other place as aforesaid, 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, or other person, within two hours after personal notice in writing to that effect, given by the superintendent of health or his assistant; or such removal shall be made under the direction of either of the officers above named, and the expense thereof borne by such owner or occupant. HEALITH. 353 SECT. 57. All dirt, sawdust, soot, ashes, Filth, &c., maybe removed by orde cinders, shavings, hair, shreds, manure, oyster, ofboardofalderclam, or lobster shells, waste water, or any animal May21,1863. or vegetable substance, rubbish, or filth of any kind, in any house, warehouse, or other building, cellar, yard, unaccepted street, alley-way, or other place which the board of aldermen may deem injurious to the health of the city, shall be removed by the owner or occupant of such house, warehouse, other building, cellar, yard, unaccepted street, alley-way, or other place where the same may be found, within twenty-four hours, or such other time as the board of aldermen may 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 board of aldermen, and the expense thereof borne by such owner or occupant, who shall also be liable to a penalty. SECT. 58. No person shall bring into the city Sale and keeping of fish regulated. for sale, or shall sell, or offer for sale, any halibut, Ibid cod, haddock, or mackerel, until the same 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 board the vessels or boats in which the fish 30* 354 HEALTH. May 21, 863. were brought. And no person shall sell, or 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 have been cleansed of their entrails and refuse parts; and such entrails and refuse parts shall be kept in some tight vessel, and shall be thrown into the sea below low-water mark within twentyfour hours after the fish are 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, or covered carts, which shall always be kept clean and in good order, and well secured from the rays of the sun. Fish, &c., not to be SECT. 59. No person shall sell or offer for sold, &c., in certain streets, except, &c. sale, in the street, any fish, lobsters, oysters, or shell-fish of any kind 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 Harrison avenue and Washington street, nor in those parts of Boylston and Eliot streets between Tremont and Washington streets, except by permission of the board of aldermen, and on such conditions as they shall order. Vegetablestobe SECT. 60. No person shall bring into the city, divested of parts btusedforfod or have in his possession for sale, or sell or offer for sale any vegetables whatever (excepting green peas and beans in the pods, and green corn in the HEALTH. 355 inner husks), which have not previously been May 21,1863. 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. SECT. 61. No fowls, swine or goats shall be Swine and goats not to be kept withkept within the limits of the city without the outlicense. May 21, 1863. license of the board of aldermen, and only in such ct. 6,1868. place and manner as they may direct. SECT. 62. The owners and occupants of livery Hoorsesandcarriages not to be,and other stables within the city shall not wash ashedinstreets, &c. or clean their carriages or horses, or cause them -May 21, 186' Oct. 1869. to be washed or cleaned in the streets or public ways, or otherwise encumber the same; they shall keep their stables and stable yards clean, and shall not permit more than three cords 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; and no manure shall be allowed to accumulate or remain uncovered outside of the stable building. The said owners and occupants shall not, between the first day of May and the first day of November, remove any manure, or cause or suffer the same to be relmoved, except between the hour of twelve at night and two hours after sunrise. SECT. 63. No person shall bring into the city, Damagedgrain by land or water, or land on any wharf or other n 356 HISTORY. be landwedithout place any decayed or damaged grain, rice, coffee, a permit. May 21,1863. fruit, potatoes, or other vegetable product, or any tainted or damaged meat or fish, without a permit therefor from, and then in such a manner only as directed by, the board of aldermen, or the superintendent or his assistant. Penalty for SECT. 64. Every person offending against any offenses against tis ordinance. of the provisions of this ordinance, for which no Ibid. penalty is prescribed by the laws of the commonwealth, shall forfeit and pay a sum not less than five dollars, nor more than fifty dollars, for each offence. QUARANTINE FEES.1 Quarantine fees. Ordered: That from and after July 1, 1868, the June 29, 1868. fees to be paid to the port physician by vessels requiring to be examined at quarantine, shall be as follows, viz: For steamers, ships and barques, eight dollars each; for brigs, schooners, sloops and other vessels, five dollars each, which sums shall be paid by said port physician into the city treasury. HISTORY. STATUTE. 4. Blank book for records to be 1. Cities and towns may appro- prepared byadjutant-general, priate money for histories. and furnished to towns, 2. Town clerks to make and keep &c. full descriptive lists, &c., of 5. Cost of keeping record, how all soldiers, &c., of the town's paid; books. quota in the national ser- 6. Towns may vote money to vice. erect monuments in memory 3. Town clerks to keep record of of their soldiers who died in seamen in naval service of the late war. the United States. 1 Order of the board of aldermen, passed June 29, 1868. HISTORY. 357 1. The several cities and towns may vote and grant such sums Cities, &c., may apas they may judge necessary for procuring the writing and pub- propriate ioney for histories. lishing of their town histories. G. s. 18 ~ 10. 2. It shall be the duty of the clerk of every city and town of Town clerks to make and keep this commonwealth, as soon as may be after the passage of this full descriptiv act, to make out a full and complete record of the names of all the lists, &c., of all soldiers, &c., of tile soldiers and officers who compose his town's quota of the troops town's quota in the furnished by the commonwealth to the United States during the nationl service. 1863, c. 65, ~ 1. present rebellion, stating the place of residence, the time of 18s, c. 229,~. enlistment of each, and the number and designation of his regiment and company; also, the names of all who have resigned or been discharged, and at what time and for what cause; and all who have died in the service, and stating, when practicable, at what time and place and the cause of death, whether by disease, accident, or on the field of battle; and the promotions of officers and from the ranks, and the date thereof; and the names of all absentees, if any. The record shall also state, as far as practicable, the time and place of birth, names of parents, previous occupation, term of enlistment, time of entering the service, and whether married or single, and all such other facts as may relate to the military career of each soldier and officer. 3. The clerk of each city and town shall also keep a full and Town clerks to complete record of the names of all seamen and officers, residents keep reconrdf seensen in naval seeof such cities and towns, engaged in the naval service of the vice of the Uiited n5~~~~~~~~~ ^ & ~States. United States, during the present rebellion, which record shall, as 1863, c. 229, ~ 2. far as practicable, state the time and place of birth, name of parents, the date at which he entered such service, his previous occupation, whether he was married or single, the vessel or vessels on which he served, the battles or kind of service in which he was engaged, whether he resigned, or was discharged, or deserted, and the date of such resignation, discharge, or desertion, the cause of such discharge or resignation, his promotions, and the dates, occasions, and the nature of the same; and, if he died in the service, it shall state the date and cause of his death; and such record shall contain any and all such other facts as relate to the naval career of such seamen or officers during such rebellion. 4. The adjutant-general shall prepare suitable blank books, in Blank book for recconformity with the requirements of this act, with proper blanks bydsjtU be preparn for marginal notes, and furnish the same to the several cities and al,, ald frnised to towns, &c. towns at cost, on the application of the clerk thereof. Ibi. 3. 5. All the expenses incurred in making said records, with the Cost of keeping cost of the record-books, shall be paid by the several cities and re'kor'd, how paid; books how pretowns, and the records, when completed, shall be deposited and served. kept in the city and town clerk's office. i 4 358 HOSPITALS. Monuments to de- 6. Towns may, at legal meetings, grant and vote such sums of 1ee,. 10soers money as they judge necessary, for the purpose of erecting monuments in memory of their soldiers who have died, or may die, in the service of our country in the present war. CITY HOSPITAL. STATUTES. 5. Trustees to have charge of any 1. The city authorized to establish building for aclission of perand maintain a hospital for sons having small-pox, &c.; reception of poor persons. may make rules, &c., respect2. The city council authorized to ing the same. make ordinances, rules and 6. Trustees may make repairs and regulations for appointment alterations in the buildings, of trustees, &c. and improvements on the 3. Hospital not to be located lands. within three hundred feet of 7. Hospital only intended for temschool-house or church. porary relief; may admit persons who are able to make ORDINANCE. compensation, &c. 1. Election of the board of trus- 8. Trustees to report annually to tees of the city hospital. the city council. 2. Organization of the board of 9. Moneys received by gift or betrustees. Quorum. quest how to be invested by 3. Trustees shall annually elect a trustees. superintendent; city council 10. Such moneys, unless otherwise shall fix his compensation; appropriated by donors, shall how removed. constitute a permanent fund. 4. Powers and duties of superin- 11. Duties of trustees in relation to tendent. all property and funds donated. STATUTES.1 City authorized to 1. The city of Boston is hereby authorized to erect, establish, establish, s&., hospitablfor poo. per- and maintain a hospital for the reception of persons who by mis801S. fortune or poverty may require relief during temporary sickness. 1858, c. 113, ~1. 1 The plan of a city hospital to wnich poor persons, strangers, and others in moderate circumstances could be admitted, and where they could be treated with little or no expense, had been often entertained by the city councils of Boston, but no definite consideration was given to the subject until the decease of Elisha Goodnow, of Boston, in June 1851, who, in his will, dated July 12, 1849, bequeathed to the city of Boston property to the amount of twenty-five thousand dollars towards a city hospital, to be located in the eleventh or twelfth ward. After a certaia system for the management of a city hospital had been matured by the city CITY HOSPITAL. 359 2. The city council of said city shall have power to make such city council may make ordinances, ordinances, rules and regulations, as they may deem expedient, for m&ck orappoinatthe appointment of trustees, and all other necessary officers, ment of trustees, agents, and servants, for managing the said hospital. 18i5, c. 13, ~2. 3. Said hospital shall not be erected or located within three ospital not to be located near schoolhundred feet of any school-house or church now built. house or church. Ibid. ~ 3. ORDINANCE.1 SECTION 1. In the month of January, in the Electionof uteof board of trustees of year eighteen hundred and seventy, and annually the eity hospital. afterwards in said month, the city council shall elect, by concurrent vote of the two branches, one member of the board of aldermen and two members of the common council, to be members of the board of trustees of the city hospital, to hold office during the remainder of the municipal year in which they are elected, and until others are elected in their place, unless sooner removed. In the month of March or April, in the year eighteen hundred.. and seventy, and annually thereafter in March or April, there shall be elected, by concurrent vote of the two branches of the city council, two members of the board of trustees of the city hospital, from the citizens at large, to hold their office for three years from the first Monday in May, in the year of their election, and until others are elected in their place, unless sooner removed. Said members elected from the government, the legislature, by chap. 113, of the acts of 1858, authorized the city to erect and maintain such an institution, and to appoint a board of trustees for its management. A site was accordingly selected for the hospital in the eleventh ward of the city, comprising the square, bounded by Harrison avenue, Concord, Springfield, and Albany streets, - and the city council, in 1861, authorized suitable buildings to be erected thereon. 1 Ordinance relating to the city hospital, passed Dec. 23, 1862; amended June 21, 1863; April 5, 1864; May 1, 1866; Dec. 15, 1866; Sept. 17, 1869. 360 HOSPITALS. ept. 17, 1869. city council, and from the citizens at large, shall at all times be subject to removal from office by the city council, for cause; and vacancies from any cause may be filled at any time for the unexpired term, in the same manner as the original appointment. organization of te SECT. 2. The persons elected from the city board of trustees. Ibid. council shall enter upon their duties as members of said board of trustees forthwith; and the persons elected from the citizens at large shall enter upon their duties on the first Monday in May. On the first Monday in May, annually, the members shall meet and organize themselves into a board, by the choice of a president and secretary from their own number. The said board may appoint such consulting and visiting physicians and surgeons as they may deem expedient; and they may also appoint such subordinate agents, assistants, and domestics, as they may consider necessary, and may remove the same, and shall fix the compensation to be paid to each. A majority of the whole board shall be necessary to constitute a quorum for the transaction of business. Trustees to elect SECT. 3. The said board of trustees shall superintendent; his compensation, elect annually, in the month of May, and whenremoval. De 23, 1862. ever a vacancy may occur, some suitable person Sept. 17, 1869. as superintendent of the said hospital, who shall constantly reside at the institution. He may be removed at their pleasure, and shall receive such compensation as the city council may from time to time determine. CITY HOSPITAL. 361 SECT. 4. The superintendent, under the direc- P.oers and duties of superintendent. tion of the board of trustees, shall have the con- Dec. 23, 182, trol of all departments of the hospital, of all subordinate officers, attendants, domestics, and patients, and the charge of the grounds, buildings, and appurtenances. SECT. 5. The said trustees shall also have Trusteesto lav charge of house for charge of any buildings which are, or may be, s.all-poxc established within the city limits, by the city Mayl,l6. council, for the admission of patients having the small-pox, or any other infectious disease. And they shall make such rules and regulations for the management and government of the patients and employees as they may deem proper and necessary, subject, however, to the approval of the city council. And the said trustees shall carefully guard against the introduction of any cases of infectious disease into any other buildings under their charge than those appropriated for the purpose by the city council. SECT. 6. The said board may make all neces- Trustees may make repairs, &c. sary repairs and alterations in the several build- Dec. 23, 182. ings under their charge, and improvements in the land and grounds connected with the institution; p2rovided, the expense thereof shall not exceed the amount previously appropriated therefor by the city council. But they shall not make any change in the occupancy of said buildings without first obtaining the approval of the city council. SECT. 7. The city hospital is established for Hospital intended 31 362 HOSPITALS. for temporary re- the reception of those only who require temporary lief; may admit paying patients. relief during sickness. The trustees may, howDec. 23,1862. ever, admit other persons to the institution, temporarily, when necessity requires; but such persons shall be removed to other appropriate public institutions, as soon as their condition will permit. They may, when compensation therefor is made, afford separate apartments and more accommodations than those which are customary when no compensation is made. Such extra compensation shall be credited to the appropriation for the hospital. Trustees to report SECT. 8. In the month of May, annually, said annually to the city council. board of trustees shall present to the city council Sept. 17, 1869. a report made up to, and including, the thirtieth day of the preceding April, containing a statement of receipts and expenditures, the condition of the hospital, the number of its inmates, the number of admissions thereto, discharges therefrom, births and deaths therein during the year; and such other information or suggestions as they may deem proper. SECT. 9. All moneys which have been or shall hereafter be received, directly or indirectly by gift or bequest, for the benefit of the city hospital, shall, unless conditions are connected with the gift or bequest inconsistent therewith, be received by the board of trustees of the said hospital, and be by them deposited in the city treasury; and city scrip shall be issued therefor, bearing interest at the rate of six per centum per annum, payable semi-annually, which said scrip shall be deposited CITY HOSPITAL. 363 with the auditor, who shall receive the interest as June 24,1863. the same shall become due thereon, and add it to the moneys appropriated for the use of the hospital. And all real estate and other property not converted into money by sale, and all evidences of title thereto, shall be received by the said board; and all such real estate and other property shall be leased, let, or otherwise improved, by the said board of trustees, and the rent and income thereof added in like manner to the moneys appropriated as aforesaid to the use of the hospital. All evidences of title thereto shall be deposited with the auditor. SECT. 10. All moneys, property, and estate Gifts,&c, to make permanent fund, given or bequeathed to the city, for the use of the except,&c Ibid. hospital, unless the donors thereof may have otherwise directed, shall constitute a permanent fund, the principal of which shall not be diminished, and the income of which shall be devoted to the uses of the hospital. SECT. 11. The board of trustees of the city Dutiesoftrutees in relation to prohospital shall exercise a careful supervision of all rdonated. property, funds, and estate given or bequeathed for the use of the hospital, so as to prevent any loss or diminution of the value thereof; and in the expenditure of the interest and income thereof they shall in all cases, in which conditions or directions have been attached to the gift or bequest, strictly observe and conform to such conditions or directions. 364 HOSPITALS. LUNATIC HOSPITAL.1 STATUTES. 6. Insane, how committed. Ap1. Authorityto erect a hospital for peal from police to superior the insane granted to Boston. court. 2. City council may pass ordinan- 7. Notice to be given to mayor of ces and appoint officers. application for commitment. 3. Inspectors of prisons for Suffolk 8. Insane, how, and by whom discounty to be inspectors of charged. Expense of support said hospital. to be reimbursed, &c. 4. Expense of the support of the 9. Repeal of part of sect. 5 of insane, by whom paid. chap. 131, 1839, 5. Insane to be transferred from 10. Concerning the admittance of houses of correction and in- insane not paupers. dustry and from hospital at 11 Same subject. Worcester, &c. 12. Statement to be filed when ap1 The Boston lunatic hospital is situated in South Boston near the house of correction. It was commenced in 1837, and completed in November 1839, when the insane were first admitted. It was enlarged by the addition of two wings in 1846. It occupies, including the yards and garden, about four and one-half acres of land, which is a part of the purchase of sixty-three acres, made by the city, of Samuel Brown, in 1821. In 1839 certain powers were granted to the city of Boston relating to said hospital by the legislature, and at several times since other powers have been granted, which will be found in the text. Although the hospital was at first intended particularly for the benefit of the insane of Boston, for many years a large portion of its inmates were insane paupers discharged from the State hospital at Worcester at different times, for the purpose of relieving the State hospital of its crowded condition, or other State paupers committed by the courts in this city. After the establishment of the State hospitals at Taunton and Northampton, all the State paupers remaining in the hospital at Boston were removed to the several State hospitals, the last having been removed in September 1858, since which time no pauper insane have been supported at South Boston at the expense of the State. The amounts received from the State were a source of income to the city, so much so that the expense of supporting the city insane was reduced to a very small sum. Since the removal of the State pauper inmates, insane persons have been admitted as boarders at prices according to the accommodations furnished. The hospital is now under the management of the board of directors for public institutions, as provided for by the act of 1857, c. 35, which see under title " Houses of Correction and Jails," post; also, see an ordinance of the city, following said act. The act and the ordinance placed all the charitable institutions of the city and the house of correction in Suffolk county under the care and management of a board to be called " The Board of Directors for Public Institutions." LUNATIC HOSPITAL. 365 plication is made for corn- 20. Personal examination by commitment. missioners to be held at Hos13. Certificate of physicians to be pital. filed when application is 21. Report to be made to judge, made. who shall decide the matter. 14. Family statistics to be filed and 22. Overseers of poor, except in notice to be given to friends. Boston, may commit insane 15. Removal of insane from State paupers to hospitals. hospitals. 23. Insane in almshouses, how 16. Boston lunatic hospital, pro- transferred to hospitals. viso. 24. Governor may authorize pri17. Supreme judicial court may vate asylums to be estabappoint three commissioners lished. to examine patients, when 25. Penalty for keeping private asyalleged to be sane. lum without permit. 18. Commissioners to be sworn, to 26. Receptacle for insane poor to be give notice of appointment, established at Tewksbury. and summon witnesses. 27. Rules for said receptacle to be 19. Insane person not to have no- made -visits, inspection, &c. tice nor to be visited except 28. Amounts due hospitals for supby permit of superintend- port of insane paupers, how ent. settled. STATUTES. 1. The city council of the city of Boston are hereby author- Boston authorized ized to erect and maintain a hospital, for the reception of insane toeret,.spanhe persons not furiously mad; and provision shall be made for the 139, c. 131, ~ 1. comfortable support of all persons confined therein. 2. The city council shall have power to pass such ordinances city council may as they may deem expedient for conducting in a proper manner, pass ordinance the business of the institution, and for appointing such officers as, Ibid. ~3. 1851, c. 243, ~ 1. in their opinion, may be necessary. 3. The inspectors of prisons1 for the county of Suffolk shall Inspectors of hos be inspectors of said hospital, and shall perform the like duties in 1839, c. 3i. ~ relation to it that they are now by law required to perform in relation to the prisons in said county. 4. Such sum per week shall be allowed and paid, for the Expense of support. support of every such person confined as aforesaid, as the mayor Ibid. ~5. and aldermen of the city of Boston shall direct; and if, in any By whom paid. Ibid. 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.2 1 Board of aldermen of Boston. G. S. 178, 62; 1864, c. 311. 2 So much of sect. 5, as related to the commitment and dischaige of the insane by the municipal court was repealed, and the power transferred to the police court, by act of 1840, c. 79. See ~~ 6, 7, 8, 9, post. 31* 366 HOSPITALS. Inmates of houses 5. All insane persons who are now confined in the house of correction and industry and ofthe of correction or the house of industry in said city, or may herehospital atWorces- after be subject to confinement therein, and all lunatics, idiots, ter to be transferred, &c. and other patients, who shall be removed from the State lunatic 1839, c. 131, ~6. hospital at Worcester to the city of Boston, by the trustees thereof, by virtue of the fourteenth and fifteenth sections of the forty-eighth chapter of the revised statutes, shall be hereafter confined in the said Boston lunatic hospital.' Certain insane; 6. The act of 1840, chapter seventy-nine, provided that how committed. 1840, c. 79, ~. whenever it shall be made to appear, on application in writing to the police court2 of the city of Boston, that any person is insane, not being furiously mad, and is either chargeable or likely to become chargeable to the city or the State, or being furiously mad, has his legal settlement in, and is chargeable to, said city, the said police court are hereby authorized to order the confinement of such person in the said Boston lunatic hospital, saving to the person complained against the same right to appeal from such order to the municipal court3 of the city of Boston, as is now allowed from Appealfromolice other judgments police rj ment f i police court by law. And upon his appeal, to superior court. q n Ibid. the question of his sanity shall, upon his request therefor, be tried by a jury in said court. If on such appeal it shall be made to appear that such person is insane as aforesaid, and is, or is likely to be, chargeable as aforesaid, the said municipal court3 shall affirm the judgment of the said police court,2 with additional costs, and issue a warrant for his commitment according to law; otherwise such person shall be discharged. Notice to be given 7. Any person who shall apply for the commitment of any to mayor, &c. or,. lunatic, under the provisions of the preceding section, shall first give notice in writing to the mayor of the city of Boston, of his 1 Sects. 14 and 15, of c. 48, of the revised statutes, were re-enacted in the Gen. Stats. c. 73, ~~ 27, 29. They provided for the removal of some of the insane from the State hospitals to houses of correction and jails, when the State hospitals were too full, and those that were sent to Suffolk county were to be confined in the Boston lunatic hospital by special act, as will be seen by ~~ 5 and 8 in the text. The act of 1862, c. 223, has made many alterations in the Gen. Stats. c. 73, relating to the hospitals and the insane, and it may be doubtful if there is by the present law any authority to remove any of the insane from either of the State hospitals to the Boston lunatic hospital as formerly. Sect. 15, in the text, provides for removals from the State hospitals to different places, but does not provide for future confinement in any institution. The act of 1839, c. 131, in ~ 7, which provided for the discharge and support of the insane in the hospital, is omitted, as similar provisions are made in act of 1840, c. 79, ~ 3. See ~ 8, post. 2 Now the municipal court. 3 Now the superior court for the transaction of criminal business LUNATIC HOSPITAL. 367 intention to make such application, and satisfactory evidence that 1840, c. 79, ~ 2. such notice has been given shall be produced to the said police See ~~10, 11, 12 court1 at the time of making such application. And the said police court1 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. 8. Any person committed to said hospital by either of the Insane, how and courts as aforesaid, and any person who may be confined in said hawrged.s hospital, upon his removal from the State lunatic hospital, as pro- 1840, c. 79, ~3. vided in the sixth section2 of the act to which this is in addition, may at any time be discharged therefrom by the mayor and aldermen3 of the said city of Boston whenever the cause of confinement shall have ceased to exist, or when in the opinion of the said mayor and aldermen such discharge would be for the benefit of the person so confined, or when, in their opinion, such person would be comfortably supported by any parent, kindred, friends, master, or guardian, or by any town or city in which such person may have a legal settlement. And said mayor and aldermen, whenever in their opinion such lunatic or insane person can in such manner be more comfortably provided for, and the safety of the public will not be endangered thereby, may provide for his custody and support in other places than in said hospital, the said lunatic or insane person still continuing subject to the order and direction of the said mayor and aldermen; or said mayor and aldermen may deliver him to the custody and care of any city or town in which he may have a legal settlement. The expense of Expense of supso providing for such lunatic or insane person shall be reimbursed potto be rei's. bursed. in the same manner and recovered by the same remedies as are Ibid. provided in the sixteenth section of the forty-eighth chapter of the revised statutes;4,provided, that in no case shall the sum charged for such provision exceed two dollars and fifty cents per week. 9. So much of the one hundred and thirty-first chapter of the Repeal of part of act of 1839, c. 131, statutes of the year one thousand eight hundred and thirty-nine,.of839,. as relates to the commitment of persons to the said Boston lunatic See p. 366, ante. hospital, by the judge of the municipal court5 of the city of Boston, 1 Now the municipal court. 2 That is ~ 5 in the text. 3 The powers enumerated in ~ 8 are now vested in the board of directors for public institutions. See note, p. 364, ante. 4 Sect. 16 of the revised statutes, referred to in ~ 8 in the text, was reenacted in Gen. Stats. c. 73, ~ 28, but the last was repealed by act of 1862, c. 223, ~ 18. How far ~ 16 in the text, p. 369, may qualify this repeal so far as it relates to Boston - qucere. 5 Now the superior court. 368 HOSPITALS. 1840, c. 79, ~ 4. and to their discharge therefrom by him, is hereby repealed; but all orders of the said judge relating thereto, and rendered prior to the time this act shall take effect, shall remain in full force.' Admittance ofin- 10. By an act passed May 30, 1857, the city of Boston, by and sane not paupers. 1857, c. 281, ~ 1. through the agency of the board of visitors2 of the Boston lunatic hospital, or by and through any other agency which shall be established therefor by the city council of the city of Boston, may admit into said hospital, as patients, insane persons who are not paupers, upon such terms and conditions and for such compensation as may from time to time be fixed by said city council, or by the authority thereof. Admittance of in- 11. By another act, passed May 30, 1857, the municipal3 court sane not paupers. 1857, e. 302, ~ of the city of Boston, and all other courts and magistrates having authority to commit all insane persons to the State lunatic hospital, may commit all insane persons found in the city of Boston, whether they are furiously mad or otherwise, who have their legal settlement in the city of Boston or in any other city or town within this commonwealth, to the Boston lunatic hospital, in all cases in which said courts and magistrates are authorized by law to commit such persons to the State lunatic hospital. Statementtobe 12. Upon every application for the commitment or admission i2, c. 23, o~. of an insane person to any hospital or asylum for the insane, there see ~, ante, shall be filed with the application, or within ten days after the ~14, 0ost. commitment or admission, a statement in respect to such person, showing as nearly as can be ascertained his age, birthplace, civil condition, and occupation; the supposed cause and the duration and character of his disease, whether mild, violent, dangerous, homicidal, suicidal, paralytic, or epileptic; the previous or present existence of insanity in the person or his family; his habits in regard to temperance; whether he has been in any lunatic hospital, and if so what one, when, and how long; and, if the patient is a woman, whether she has borne children, and, if so, what time has elapsed since the birth of the youngest; the name and address of some one or more of his nearest relatives or friends, together with any facts showing whether he has or has not a settlement, and if he has a settlement, in what place; and if the applicant is unable to state any of the above particulars, he shall state his inability to do so. The statement, or a copy thereof shall be transmitted to the superintendent of the hospital or 1 The above act passed March 23, 1840. 2 Now through the agency of the board of directors for public institu tions. See note, p. 364, ante, and " Houses of Correction and Jails," post. 3 Now the superior court for the transaction of criminal business. LUNATIC HOSPITAL. 369 asylum, to be filed with the order of commitment, or the appli- 1862, c. 223, ~ 5. cation for admission. 13. Upon every application for the admission of an insane Certificateof physicians to be filed. person to the several State lunatic hospitals, or to any asylum or Ibid. ~8. private house for the reception of the insane, the applicant shall See~6,,2. file with his application a certificate, signed by two respectable physicians, one of whom, when practicable, shall be the family physician of the patient, certifying after due inquiry and personal examination of the patient by them, within one week prior to the date of the certificate, to the insanity of the person in whose behalf admission is sought, and that such person is a fit subject for remedial treatment at such hospital, asylum, or private house. 14. Upon application for the admission of an insane person to Family statistics to any State lunatic hospital, or to any asylum or private house for sio ofpatiedntailt, the reception of the insane, the applicant shall file with his appli- notice te ito be i to friends. cation a statement containing the names and address of such insane Ibid. ~ 2. person's father, mother, children, brothers, sisters, or other next See ~ 6, ate of kin, not exceeding ten in number, and over eighteen years of age, when the names and address of such relatives are known by the person or persons making such application, and such statement shall be filed with the order of commitment or application for admission. And the superintendent, or person in charge of such asylum or house for the reception of the insane, shall, within two days from the time of the admission or commitment of any insane person, send, or cause to be sent, a notice of said commitment in writing, by mail, postage prepaid, to each of said relatives, and to any other two persons whom the person committed shall designate. 15. If at any time all the State lunatic hospitals shall be so full Removal of insane that the inmates cannot all be suitably accommodated therein, fIitsla lSos and in the opinion of the trustees of either hospital it is proper Ibid. ~13. that some should be removed, the trustees may remove to their respective homes, or to the places of their legal settlement, or of their residence, so many as may be necessary to afford suitable accommodation for the remainder; but only such patients shall be selected for removal as, in the opinion of the trustees and superintendent, are not susceptible of improvement and can be suitably managed at their homes or in the places to which they may be sent.1 16. Nothing contained in chapters seventy-three or seventy- Boston lunatic four of the general statutes shall repeal any provisions of law hospital, proviso. G. S. 74, ~ 12. specially relating to the Boston lunatic hospital, or the confine- 1839, c. 131. 1840, c. 79. ment, care, and support of insane persons therein. 1851,.243. 1857, c. 281, 302. See note, p. 364, ante. 370 HOSPITALS. Supreme judicial 17. On petition, under oath, to any judge of the supreme court may appoint judicial court, setting forth that the petitioner believes that some commission to ex- a am.ine patients person. confined as insane in any hospital or other authorized alleged to be sane. i 8;4, c. 288, ~ 1. place for the treatment or restraint of insane persons, is not insane, and is unjustly deprived of his liberty, the said judge may, in his discretion, appoint three commissioners to inquire into the alleged insanity of the person so confined. Commission to be 18. Befoire said commissioners shall proceed with their sworn; tsogivn inquiry, they shall be sworn to the faithful and impartial discharge witnesses. of their duties. They shall give sufficient notice of their appointbid. ~ ment, and of the time and place of hearing to the petitioner and to the person having charge of the hospital or place of confinement. They shall have power to summon and compel the attendance of, and to administer oaths to, witnesses; and it shall be their duty to hear the evidence offered to them on either side, touching the merits of the petition, as well as to examine the person confined. No notice to be 19. No notice shall be served upon the person confined as served on patient; no visits to be insane, nor shall he have the right to confer with counsel, or be allowed except, &c. present at the inquiry; but such right shall be enjoyed by the 1884, e. 288, ~8. petitioner, and by the person by or under whose authority the alleged insane person is confined; nor shall said petitioner, nor any counsel he may employ, nor any witness he may desire to use, have the right to visit or examine said insane person, except with the permission of the superintendent of the hospital or place where said person is confined, or by special order of the judge issuing the commission. Commission to 20. The personal examination by the commissioners of the examine patient at hospital.ent at person confined as insane shall be had at the hospital or place of Ibid. ~4. confinement, and such person shall not be taken therefrom, pending the inquiry, except by special order of the judge issuing the commission. To report facts to 21. The commissioners shall report the facts bearing upon the judge of supreme.. t o judicial court. petition, together with their opinion of the condition of the person Ibid. ~. confined, to the said judge, or if he cannot conveniently attend, to some other judge of the said court; and, upon the presentation of the report, the judge may order the discharge of the person confined, or may disallow the petition, or may take such other order as the circumstances of the case shall require. Overseers of poor, 22. It shall be the duty of the overseers of the poor of any etcpmit instan city or town, except the city of Boston, to commit to one of the to comnit insane papers to lunatic State lunatic hospitals, or the Boston lunatic hospital, with the hospitals. Ibid. ~ 6. consent of the trustees thereof, any person supported by such city or town who is suffering under recent insanity, and is a fit subject for remedial treatment. Insane in alms- 23. Whenever the board of State charities shall have reason LUNATIC HOSPITAL. 371 to believe that any insane person, not incurable, is deprived of houses. how transferred to hospitals. proper remedial treatment, and is confined in any almshouse or 1r64, c. 28h8s,7. other place, whether such insane person is a public charge or otherwise, it shall be the duty of said board to cause application to be made to one of the judges of the supreme judicial, superior or probate courts, for the commitment of such person to a hospital in the manner prescribed by law. 24. The governor and council may license any suitable person Governor may license private to establish and keep an asylum or private house for the reception asylus.e and treatment of insane persons, and may at any time revoke such Ibid. ~ 8 license. And such asylum or private house shall be subject to visitation by the governor and council or any committee thereof, and by the judge of the probate court of the county wherein the same is situated. 25. Whoever establishes or keeps such an asylum or private Keperof private asylum without house without a license, unless otherwise authorized by law, shall psylitto bnforfeit a sum not exceeding five hundred dollars. ished. 0-1) Ibid. ~ 9. 26. There shall be established on the lands connected with the Receptacle at State almshouse at Tewksbury a receptacle for insane criminals Tewksburyalmshouse for insane to which shall be removed all persons now in the State lunatic paupers. hospitals, whom the board of State charities shall deem to be fit Ibi. ~ 10. subjects therefor. Any insane person who may be committed to one of the State lunatic hospitals under the provisions of the fourteenth section of the one hundred and seventy-second chapter of the General Statutes, or of the seventeenth section of the two hundred and twenty-third chapter of the acts of the year eighteen hundred and sixty-two, may, at the discretion of the court be committed to the said receptacle under such limitations as the court may direct. And the judges of the superior and probate courts may cause convicts who are insane to be removed from any prison or house of correction to the said receptacle, in the same manner that such convicts may now be removed to one of the State lunatic hospitals. But no person shall be removed or committed to such receptacle until the governor, by his proclamation, gives notice that the same is ready for inmates. 27. The inspectors of the State almshouse at Tewksbury shall, Rulesfor governsubject to the approval of the governor, establish rules and regu- tofsclne dreceplations for the government and management of said receptacle, bid. ~11. and shall see that the same are enforced; and said receptacle shall be visited and examined once in each week by at least one inspector, who shall, at the time of such visit, make a record thereof in a book to be kept at the receptacle for the purpose. The superintendent of the said almshouse shall have the general supervision of said receptacle, and shall furnish all supplies needed therefor. The inmates of said receptacle shall be under the care of a 372 HOUSES OF CORRECTION AND JAILS. 1864, c. 28, ~ 11. suitable resident physician, who shall also be the physician of the almshouse, and who shall be appointed by the inspectors of said almshouse. Amounts due hos- 28. It shall be the duty of the board of State charities to cerpitals forsupportof tify to the auditor, within one week from the commencement of state insane, how adjusted. each quarter of the financial year, the probable amount due to each lunatic hospital for the support of State pauper inmates during said quarter. And upon application of any board of trustees of said hospitals, the auditor may draw his warrant for a sum not exceeding ninety per cent of the amount so certified, and the same shall be paid to the treasurer of the hospital making the application, to be used towards the payment of its current expenses, incurred within the financial year. HOUSES OF CORRECTION AND JAILS. STATUTES. Houses of Correction. 1. Transfer of county property 9. Houses of correction, how profrom Chelsea to Boston. vided, &c. 2. Towns, &c., not to erect alms- 10. To have enclosed yards. Jail houses, &c., in other places, may be used as house of corexcept, &c. rection. 3. Counties to provide public 11. Removal of convicts from one buildings, &c. house to another. 12. Commissioners to assent, &c. Jcils. 13. Sentence and classification. 4. County jails, for what purposes 14. Provisions for reading to be to be used. made. 5. Sheriff may remove prisoners. 15. Overseers of houses of correc6. May furnish employment to tion, how appointed. prisoners. 16. Compensation of overseers. 7. To be reimbursed for damages 17. Directors to furnish materials, for escape by reason of insuf- &c, for work; rules and reguficiency of jails. lations, &c. 8. Jailers to return list of prison- 18. Overseers of houses of correcers to court. Penalty for tion, &c.; their powers and neglect. duties. 1 An ordinance relating to the Boston lunatic hospital, passed October 3, 1842, and ordinances in addition thereto, passed March 13, 1845, June 4, 1846, and July 7, 1853, were repealed by the ordinance concerning the public institutions passed August 25, 1857, and amended December 16, 1859 - ante. For laws relating to the insane sent to the State lunatic hospitals, see Gen. Stats. c. 73, and act of 1862, c. 223; also paupers, post. HOUSES OF CORRECTION AND JAILS. 373 19. May make contracts for work 41. Sheriff to deliver prisoners to to be done in the house. successor. 20. May make contracts for letting 42. Upon death of sheriff, jailer to the convicts out for hire. continue in office, until, &c. 21. Convicts may be employed on 43. Compensntion of sheriff for public lands and buildings care of prisoners. Not to rebelonging to the county. ceive rent for use of county 22. Females, how sentenced. dwellings. 23. Sentence of female convicts 44. Salaries of officers, assistants, with infants. &c. 24. Pregnant females maybe trans- 45. If inadequate, superior court to ferred to workhouse, &c. determine. Cost of their support. 46. Sheriff who acts as jailer, &c., 25. Female convicts may have cus- may receive additional comtody of their children under pensation. the age of eighteen months. 47. Jailer, &c., to keep calendar of 26. How such child may be re- prisoners. Penalty. moved. 48. Record of conduct to be kept 27. Rogues, vagabonds, &c. and term of imprisonment 28. Enumeration of persons who reduced in certain cases. shall be deemed vagrants. 49. Wardens, masters, &c., to keep 29. Officers to arrest and enter account of money, &c. complaints against. 50. Warrants, &c., to be filed, &c. 30. Sentence of vagrants. 51. Prisons, &e., to be white31. Known pickpocket, thief, or washed, kept clean, &c. burglar when to be deemed 52. Cleanliness of prisoners, their vagabond and arrested. Offi- food, &c. cer arresting to bring before 53. Classification and separation of court. Penalty if guilty. prisoners. 32. G.. 178, ~ 17 and 165, ~ 32 to 54. Execution of sentence to soliapply. tary imprisonment. 33. They may be punished by fine, 55. Prisoners to be kept to hard and sentenced conditionally, labor, but not in engraving or &c. printing. Log and chain may 34. Master of house of industry, be used. &c., to receive convicts. 56. Punishment for refusing to 35. Prisoners reformed may be dis- work, &c. Not to be in solicharged, &c. tary more than three days, 36. Conviction of offenders after dis- &c. charge on former conviction. 57. Punishmlent for prisoners escap37. Night-walking, third convic- ing, &c. tion. 58. Punishment of refractory pris38. Night-walkers, &c., committed oners. for third offence may be bound 59. Punishmlent of poor debtors, out, &c. &c., who commit depredations. Provisions respecting Jails, Houses of 60. Sheriff's and keeper's authority Correction, Prisoners, etc. not affected. 39. Sheriff to have custody of jail, 61. Moral and religious instruction prisoners, &c. Master of to prisoners, &c. house of correction in Suffolk. 62. Instruction in reading and 40. Jailer, how removed, except in writing. Suffolk. 63. Burial of deceased prisoners, 32 374 HOUSES OF CORRECTION AND JAILS. 64. Spirits and strong drink prohi- Returns. bited, unless, &c. 87. Inspectors to make annual re65. Penalty for furnishing, or at- turns to governor. tempting to furnish, spirits, 88. Weekly returns of commit&c., to prisoners. ments to be made. 66. Penalty for neglect of duty by 89. Annual returns of expenses sheriff, jailer, &c. to be made. 67. Officers using intoxicating 90. County commissioners to furliquors to be removed. nish sheriff with a schedule 68. Removal of prisoners in case of of sums expended for suppestilence. plies. 69. Removal in case of danger from 91. Penalty for omitting to anfire. swer. 92. District attorney to make the Expense of Supporting Prisoners.oplait. complaint. 70. Commissioners to procure sup- 93. Sheriffs, &c., to make returns. plies, &c. Abstract. 71. Expense of supporting convicts 94. Penalties for neglect. in jail, &c., how paid. 95. Prosecution of delinquents. 72. Advancement of money for tools, materials, &c. Commitments and lDischarges. 73. Master, &c., to keep account of 96, 97. Courts may sentence to jail earnings, &c. or house of correction. 74. Master to supply fuel, &c. Al- 98, 99. Conditional sentences. lowance therefor. 100. Court may impose fine or im75. Masters to obey orders for prisonment, except, &c. furnishing specific rations. 101. Limitations of confinement in Penalty. certain cases. 76. Compensation of master of house 102. Poor convicts, how discharged of correction in Suffolk. after three months. 77. Overseers, &c., to audit ac- 103. Poor convicts, how discharged counts for support of convicts, when confined for non-pay&c. ment of fines and costs. 78, 79. Support of poor convicts, 104. Persons under guardianship, how recovered of kindred, how discharged. town, &c. 105. Fine and cost maybe recovered 80. Notice to town liable for. of guardian. 81. Jailers, &c., to keep a prison 106. Fees of justices for discharge. book. Penalty for neglect. 107. Convicts too sick to be removed, how to be provided Inspectors of Prisons. for. 82. Inspectors of prisons, &c. Lunatics in Prison. 83. Keepers, &c., to make stated 108. Insane persons in prison, how returns. removed to hospital. 84. Inspectors, powers and duties 109. If sane before term expires, to of. be returned. 85. Inspectors to have access to books, accounts, prisoners, Board of Directors for Public Instio-~~~~~~~~&c. ~tutions. &c. 86. Inspectors to notify district 110. Directors for the public instiattorney of violations of tutious to be chosen; their law. powers and duties. HOUSES OF CORRECTION AND JAILS. 375 111. May discharge the insane. 3. Powers and duties of directors. 112. City council may pass ordi- 4. Board may make rules, &c., nances. for government, &c.; fix com113. City council to elect directors; pensation of officers. Rules, term of office. &c., to be approved by city 114. Act to be accepted. council. 115. Repeal of other acts. 5. Shall elect superintendent of 116. Directors may remove per- lunatic hospital. His cornsons from one institution to pensation and duties. another. 6. May make repairs, &c.; expense limited. ORDINANCE. 7. Supplies for institutions, how 1. Election of directors for the procured. No director to have public institutions; term of any interest in contracts. office; removal, &c. 8. Directors to make quarterly and 2. Organization of board; clerk annual reports. how appointed; quorum. 9. Repeal of former ordinances. STATUTES.1 1. By a special act of the legislature, passed June 23, 1831, it Transfer of county property from was provided that the town of Chelsea should release to the city Chelseato oston. of Boston all title and interest in all the real and personal estate 1s31, c. 65, ~~ 1, 2. See pp. 119, 120, deemed and taken to belong to the county of Suffolk; and the ante. exclusive jurisdiction of the court-houses, jails, houses of correc- GS S7,~ 3. tion, and all other lands and buildings deemed county property, and that the rights thus acquired should forever remain vested in the city of Boston.2 The rights so acquired were confirmed by the R. s. 14, ~7. revised statutes and again by the General Statutes. By the above G.S. 17 ~ 3. acts, and others, it was provided that the towns of Chelsea, North Chelsea, and Winthrop should not be assessed or taxed for county purposes. It was further provided that in the county of Suffolk R.S. 14.~10. 1. S. 17, ~, 6, a3,:J the court-houses, jails, houses of correction, fire-proof offices, and G. S. 17, ~~G. 1 Under this title are included nearly all the general laws relating to houses of correction and jails in the several counties. Most of themn are applicable to Suffolk, though modified to some extent by many special enactments regulating the management of the public institutions in Suffolk, and the execution of the laws by other boards different from those in the other counties. The house of correction, house of industry, house of reformation and lunatic hospital are placed under the management of a board of directors, by a special law passed March 28, 1857. 2 It was provided in ~ 2 of the act of 1831, that the connection existing between the city of Boston and the town of Chelsea should continue, as an equivalent for said release, twenty years, and afterwards, until it should be altered by the legislature, unless Chelsea should, in the mean time, apply to the legislature and be set off to another county. See " Chelsea." ante, p. 118. 376 HOUSES OF CORRECTION AND JAILS. G. s. 17, G. all other county buildings shall be provided by the aldermen of the city of Boston, at the expense of the city.1 Towns, &c., not to 2. No city or town shall erect or maintain an almshouse or erect almshouses, &c., in other place, house of correction within the limits of any other place, without... the consent of such other place. G. S. 22, ~ 2. Counties to pro- 3. Each county. except Suffolk, shall provide suitable courtvide pucbliec btild- houses, jals, houses of correction, fire-proof offis,, and other ings, &c., except, &c. necessary public buildings for the use of the county; except that G. S. 17, ~. the county of Dukes county need not provide a house of correction. JAILS. County jails, for 4. The jails in the several counties shall be used,what prposes to First. For the detention of persons charged with offences and be used. G. S. 178, ~ 1. committed for trial: 14 Gray, 221. Second. For the detention of persons committed to secure their attendance as witnesses on the trial of criminal causes: Third. For the confinement of persons committed pursuant to a sentence upon conviction for an offence, and of all other persons committed for any cause authorized by law. The provisions of this section shall extend to persons detained or committed by authority of the courts of the United States, as well as the courts and magistrates of this State, except as is provided in section sixty-one, of chapter one hundred and forty-four of the General Statutes. 1863, c. 155, ~ 2. Persons charged with desertion from the army of the United States, or from the volunteer forces of the United States, may be confined in jails. Sheriff may re- 5. If there are several jails in a county, the sheriff may cause move prisoners, the prisoners to be confined in either, and may at his discretion G. S. 178, ~2. remove them from one jail to another for their health or safekeeping, or for their more convenient appearance at court. Sheriff may fur- 6. The sheriff may furnish to the prisoners employment of nish employment such nature and in such places as he deems best, and consistent to prisoners. Ibid. ~3. with their safe-keeping; but this section shall not be construed to See ~ 21. require the performance of any labor by persons confined in jail. To be reimbursed 7. In case of the escape of a prisoner by reason of insufficiency for dalsages or es- of the jail, whereby the sheriff is made liable to any party at cape, &c. Ibid. ~4. whose suit the prisoner was committed, or to whose use any forfeiture was adjudged against him, the county shall reimburse all 1 The aldermenl of the city of Boston have the power and perform the duties (with some exceptions) of county commissioners within the city. Gen. Stats. 17, ~ 33. By a special act passed May 20, 1852, c. 266, ~ 4, it was provided in what manner the aldermen should build, alter, or repair the county buildings, &c. See " Buildings," ante, p. 78. HOUSES OF CORRECTION AND JAILS. 377 sums of money recovered by such party of the sheriff on account of G. s.178, ~4. the escape. 8. At the opening of each term of the superior court at which Jailers to return list of prisoners, criminal business may be transacted, the jailers of the county shall &c., to court. return to the court a list of all prisoners in their custody, specify- Penalty or neglect. ing the causes for which and the persons by whom they were comr- Ibid. ~5. mitted, and produce and exhibit therewith, for the inspection of Act of amend. 19. the court, their calendars of prisoners, and return a like list of the persons committed during the session of the court, in order that the court may take cognizance and make deliverance according to law of the prisoners committed for crimes within its jurisdiction. Jailers who neglect to make such returns, or to exhibit their calendars, shall be fined in the discretion of the court. HOUSES OF CORRECTION. 9. There shall be provided by the county commissioners in HoIuses of orreceach county except the county of Dukes county, and in Suffolk by t'ol, howplovided the aldermen of the city of Boston, at the charge of said counties Ibid. ~ 6. See ~ 1. and city respectively, a fit and convenient house or houses of correction, suitably and efficiently ventilated, with convenient yards, workshops, and other suitable accommodations, adjoining or appurtenant thereto, for the safe-keeping, correcting, governing, and employing of offenders legally committed thereto by authority of the courts and magistrates of this State or of the United States. 10. The yards shall be of sufficient extent for the convenient Houses of correcemployment of the persons confined therein, and enclosed by tion to have enclosed yards. fences of sufficient height and strength to prevent escapes, and Jail may be used as house of correcalso to prevent all persons without from access to or communi- tion. cation with any persons confined therein. When such house of Ibid. ~7. correction is not provided, the jail or a part thereof may be used for that purpose; but when so used it shall be provided with a sufficient yard, so enclosed. 11. In counties where there are two or more houses of cor- Removal of conrection, and the sentence of prisoners is to either of them, the victs frtom oe house to another. sheriff, with the concurrence of the county commissioners of such 1s60, c. 164, ~ 1. county, may remove any convict, in any one of said houses, to See~13. any other within the county, whenever in the judgment of said sheriff and county commissioners, the health, reformation, safekeeping, or more profitable employment of any such convict would be promoted by such removal.1 1 A reasonable construction to be put on the acts of 1860, c. 164, and of 1862, c. 127, ~ 1, being ~~ 11 and 13 in the text, would seem to be that the act of 1860 only provided for removals in individual cases, whereas the act of 1862 provided for a general classification anid remnoval from one prison to another. The act of 1862 repealed ~ 8 of chap. 127 of General Statutes. 32* 378 HOUSES OF CORRECTION AND JAILS. When removed 12. Whenever any convict is removed as aforesaid, the county commissioners to assent,&c. commissioners, or a majority of them, shall certify their assent 860, c. 164, ~2. to such removal upon the original mittimus, or copy of the same, left with the keeper on the commitment of such prisoner; and such original mittimus or copy shall be transmitted to, and left with, the keeper of the house of correction to which such prisoner is removed, with a return by the sheriff of his doings thereon, and of the expenses incurred thereby, which expenses shall be paid by the county. Sentence and clas- 13. If there are several houses of correction in a county, the sification. sentence of prisoners shall be to either house of correction 1862, c. 127, ~ 1. See ~11, and note. thlerein, and the sheriff may classify the convicts and place them in either house; such classification being subject to the revision of the county commissioners at their next subsequent meeting. Provisionsforread- 14. In the assignment of cells to prisoners in any house of 1862,c. 1,~2. correction, due regard shall be had to the accommodation of See ~~G6, 7. those who are able and desirous to read; and from the first day of October to the first day of April, annually, such provision of light shall be made for all such prisoners confined to labor during the day, as shall enable them to read for at least one hour each evening. Iouses of correc- 15. The commissioners in the several counties, except Suftion, overieers of, folk, shall annually, on the first Wednesday of January, appoint how appointed. G.S.178, 9. to each house of correction two or three suitable persons of the county, other than the sheriff or commissioners, to be overseers thereof, and may remove any overseer and fill vacancies. Compensation of 16. Each overseer shall receive from the county such annual bdoversees compensation for his services and travel, not exceeding one hunIbid. ~ 10. dred dollars, as the commnissioners determine, and the directors for public institutions in the city of Boston shall receive such. compensation as the city council allows. Materials, &c., for 17. The commissioners in the several counties, except Suffolk, wvork in; rles and and the board of directors for public institutions in Boston, shall regulations in, &c. Ibid. ~11. cause to be provided, at the expense of said counties and city respectively, suitable materials and impl iments sufficient to keep at work all the persons committed to the house of correction, and may from time to time establish needful rules for employing, reforming, governing, and punishing the persons so committed, for procuring and preserving such materials and implements, and for keeping and settling all accounts of the costs and expenses of procuring the same, and of all labor performed by each of the persons so committed. Board of directors 18. In the county of Suffolk the board of directors for public and overseers, institutions, and in other counties the overseers, shall see that the general powers H-OUSES OF CORRECTIO)NT AND JAILS. 379 rules established for the management of the house of correction and duties. and the government of the persons confined therein are strictly G. S.178, 12 observed, examine all accounts of the master relating to the earnings of the prisoners and all expenses of the institution, and keep a fairly written register of their official proceedings. 19. They may make contracts for work to be done in the May make conhouse, with any person disposed to supply materials to be there tract tlr work eto be done in house, wrought, and in such case may stipulate that the contractor shall &c. furnish some person, to be approved by them, to oversee the laborid of the convicts and instruct them in business or trades, conforming to all rules of the prison; and not interfering with the discipline thereof. 20. They may make contracts for letting out to hire during May let convicts out to hire, &c. the daytime any of the persons there confined, to employers Ibid. ~ 14. who live so near to the house of correction that the directors or,overseers or the master of the house can have the general inspection of the conduct of the persons so let out, and of the treatment they receive. 21. The commissioners, or directors, may, with the assent of Convictsm uaybe the master or keeper ot any house of correction or jail, employ leolando,&c.u any of the prisoners to labor upon the public lands and buildings Ibid. ~ 15.',~ ~~~~~~~~~~~~~~~~~~z 1803, c. 99. belonging to the county. 22. When sentence of confinement at hard labor for any Females, how senterm of time is awarded against a female convict of whatever tG..74, ~ 14. age, the court shall order such sentence to be executed either in 12 Cush. 237. the house of' correction or jail, and not in the State prison. 23. When a female with a nursing infant is convicted of an Fem ales with,offence punishable by imprisonment in the house of correction, ifl.ts. c the court or justice before Wvhom the conviction takes place may See~6. sentence her to some workhouse or house of industry in the county; and for her support and custody there shall be paid from the county treasury two dollars a week to the town in which the sentence is executed. 24. When it appears to the physician of a house of correc- Pregnant females nmay be trassferred tion that a female convict is in a state of pregnancy, any judge to worlhouse, &c. of the superior court, or any police court, may, upon applica- Cost of their support. tion of the master or keeper of the house, or of the convict,. s. 178, ~ 1. revise her sentence so far as to order her to be transferred to any workhouse or house of industry in the same county for such term as is expedient, not exceeding the remainder of her sentence; and may at any time before the expiration of her sentence cause her to be again restored to the house of correction. For the support and custody of each female so transferred, two dollars a week shall be paid by the county to the city or town to which she is transferred. 380 HOUSES OF CORRECTION AND JAILS. Female convicts 25. When the mother of a child under the age of eighteen may have custody of their children months is imprisoned in a house of correction, jail, workhouse, or under a certain other place of confinement, and is capable and desirous of taking age. G. S. 178, ~ 29. care of said child, the keeper shall, upon the order of the court or magistrate committing her, or of any overseer of the poor, receive the child and place it under the care and custody of its mother. How such children 26. When the overseers, inspectors, or other like officers of may be removed, &c. such institution are satisfied that the health and comfort of such Ibid. ~30. child call for its removal, or that for any cause it is expedient that it should be removed, they shall give notice to the father or other relatives thereof; and if neither can be found to receive it, to the overseers of the poor of the city or town in which it has a legal settlement, who shall receive it; or if it has no settlement in this State, it shall be sent to one of the State almshouses, as is provided in the case of alien paupers. Rogues, vaga- 27. Rogues and vagabonds, idle and dissolute persons who go bonds, &c. G.bs.nd,~ &. about begging, persons who use any juggling or unlawful games 8 Met. 513. or plays, common pipers and fiddlers, stubborn children, run5 Gray, 85. 1 Allen, 6. aways, common drunkards, common night-walkers, pilferers, lewd, 4 Allen, 313. wanton, and lascivious persons in speech or behavior, common 5 Alien, 511. 13 Allen, 550. railers and brawlers, persons who neglect their calling or employSee ~~ 3, 31, 74 ment, misspend what they earn, and do not provide for themselves See 1864, c. 258. t 1869, c. 258. or for the support of their families, and all other idle and disorderly persons, including thermin those persons who neglect all lawful business and habitually misspend their time by frequenting houses of ill-fame, gaming-houses, or tippling-shops, may, upon conviction, be committed, for a term not exceeding six months, to the house of correction, or to the house of industry or workhouse within the city or town where the conviction is had, or to the workhouse, if any there is, in the city or town in which the offender has a legal settlement, if such town is within the county. Enumeration of 28. All idle persons who, not having visible means of support, persons who shall n be deemed va- live without lawful employment; all persons wandering abroad grants. and visiting tippling-shops or houses of ill-fame, or lodging in 1866, c. 235, ~ 1. 13 Allen, 050. groceries, out-houses, market places, sheds, barns, or in the open air, and not giving a good account of themselves: all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages or other public places to beg or receive alms, shall be deemed vagrants. Officers to arrest 29. It shall be the duty of sheriffs, constables and police plainnter cails officers, acting on the request of any person or upon their own plaints against. Ibid. ~2. information or belief, to arrest and carry such vagrant before a trial justice or police court within the town or district where such vagrant may be, for the purpose of an examination, and HOUSES OF CORRECTION AND JAILS. 381 shall then and there make a complaint against such vagrant in s1G, c. 235, ~ 2. due form of law. 30. Whoever shall be convicted upon his own confession, or by Sentence ofvaother competent evidence, of being a vagrant within the meaning gradt. In n I VVIL~IIVV\~~_LV V1 IL~nVLIVV~ VI NVL~ld b 3Ibid. ~ 3. of this act, shall be committed for a term not exceeding six months to the house of correction for the county, or the house of industry or workhouse where the conviction is had. 31. Any person known to be a picp thf or b, no pickpoket thief or burglar, pickpockeither by his own confession or otherwise, or by his having been et, thief o burglar, either byhisowcnfessionortherwise, when to be deemed convicted of either of said offences, and having no visible or vagabond and arrested. lawful means of support, when found prowling around any steam- Ibid. 4. boat landing, railroad depot, banking institution, broker's office, place of public amusement, auction room, store, shop, crowded thoroughfare, car or omnibus, or at any public gathering or assembly in any town or city, shall be deemed a vagabond, and shall be taken into custody by any sheriff, deputy sheriff, constable or police officer; and the officer making the arrest shall, within Officer arresting to twenty-four hours after such arrest (Sunday and legal holidays bring before colt. excepted), bring him before some proper court or magistrate in the city, town or county where the arrest was made, and if found guilty of being a vagabond, within the meaning of this act, upon Penalty if guilty, a complaint duly made, shall be committed to the house of correction for the term of not less than four nor more than twelve months. 32. The provisions of section seventeen, of chapter one G.. 178, ~ 17, and hundred and seventy-eight, and of section thirty-two, of chapter.l~S 32, toapply. IbiLd. ~ 5. one hundred and sixty-five, of the General Statutes, shall apply to this act. 33. When a person is convicted, by a justice of the peace or Rogues, &c., nay police court, of any offence mentioned in section twenty-seven, be punished by fine, and sentenced he may, instead of the punishment therein mentioned, be punished conditionally. by fine not exceeding twenty dollars, either with or without a G. 5G. 1t ~29. condition that if the same, with the costs of prosecution, is not paid within a time specified, he shall be committed to the house of correction, house of industry, or workhouse, as is provided in the twenty-seventh section; which conditional sentence shall be carried into execution according to the provisions of section seven, See ~,). of chapter one hundred and seventy-four of the General Statutes. 34. The master, keeper, director, or overseer, of a house of Master of house of industry or workhouse to which any person is committed under indstry, &c., torethe twenty-seventh and thirty-third sections, shall receive all per- work persons coimsons so committed, set them to work if they are able, and employ i'bid. te. and govern them in the manner required by law, and prescribed by the rules and orders established for that purpose; and the city or town in which such house is situated may recover the balance 382 HOUSES OF CORRECTION AND JAILS. G. s. 5,~30. of the expense of the support of any such person over and above the amount of his labor, from the party thus sentenced, or from any kindred, town, or city, liable by law for his support, if he is a pauper, in like manner as if he had been committed to the house of correction for the same offence. certain prisoners 35. When it appears to the overseers or directors of a house foi dmayeitbe dis- of correction, house of industry, or workhouse, that a person formed may be discharged, &c. there confined on conviction before a justice of the peace or before G. s. 178, ~ 17. 1862, c. 189. any police court, of either of the offences mentioned in section ee ~ 36. twenty seven, has reformed, and is willing and desirous to return to an orderly course of life, they may, by a written order, discharge him from confinement. Any person committed by the superior court, or any police court, for either of said offences, may be discharged by such courts respectively upon the recommendation of the overseers or directors.1 conviction of cer- 36. If' a person discharged under the provisions of the precedtais offendrs foter in section is afterwards convicted of any offence mentioned in discharge on for mer conviction. section twenty-seven, committed after the former conviction,. S. 6, ~ 3. 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. Nilit-walking, 37. When a person is convicted as a common night-walker, third conviction. G. S. 16, ~S. 51 and it is alleged in the complaint and proved at the trial, that See 1869, c. 28. the defendant has been previously twice convicted of the same offence, such person may be sentenced -to the house of correction, house of industry, or workhouse, if any such is established in the town or city, for a term not exceeding five years. Night-walkers, &c., 38. The overseers or directors of any house of correction, committed for workhouse, or house of industry, may, after six months fiom third offence may be tond out or the time of sentence, discharge any person committed thereto discharged in certain cases. under the preceding section, upon being satisfied that the convict G. S. 18, ~18. has reformed; or may bind out such person for any term during See ~ 37. n the period of the sentence, as an apprentice or servant to any inhabitant of this State; and said overseers and directors, and the master, mistress, apprentice, and servant, shall respectively have all the rights and privileges, and be subject to all the duties set forth in chapter one hundred and eleven of the General 1 The Gen. Stats. c. 178, ~ 17, is amended by the act of 1862, c. 189, by authorizing overseers and directors to discharge convicts sent from police courts, instead of recommending theml to the courts for a discharge, making the rule the same as it was before, relating to convicts sent by justices of the peace. But convicts sent by the superior courts can only be discharged by said courts on recommendation of the overseers, &c., as before. HOUSES OF CORRECTION AND JAILS. 383 Statutes, in the same manner as if such binding were made by G. S. 111relates to masters, apprenthe overseers of the poor; and the relations between the parties tices, and servants. shall not be affected by the age of the party bound. If the master See Paspe,'s, post. or mistress is discharged from the contract of service or apprenticeship as provided in said chapter, the person bound shall be returned to the place of confinement, and serve out the original sentence, if any portion thereof is unexpired; but the overseers or directors shall not be liable to the costs of the process provided in said chapter. PROVISIONS RESPECTING JAILS, HOUSES OF CORRECTION, PRISONERS, ETC. 39. The sheriff shall have the custody, rule, and charge of Sheriff to havecusthe jails, and except in the county of Suffolk,l the houses of cor- e,&,f, jMasteof rection in his county, and of all prisoners therein, and shall keep honse o'f lreection in Suffolk. the same by himself, or by his deputy. as jailer, master, or keeper, G. s. 78, ~ 19. for whom he shall be responsible. The jailer, master, or keeper 1865,.241,~ 1. shall appoint all subordinate assistants, employees, and officers, for whom he shall be responsible. In the county of Suffolk the board of directors for public institutions shall appoint a suitable person to be master of the house of correction, to hold his office during their pleasure. 40. Any master, keeper, or jailer, except in the county of Master, howreSuffolk, may be removed by the superior court for neglect of Id,,, Ibid. ~ 20. duty. or wasteful or extravagant use of supplies, upon complaint of the county commissioners, setting out the facts, and after notice to the sheriff and the person complained of, and a hearing thereon. 41. Every sheriff, upon the expiration of his commission, or Sherifftodeliver his resignation or removal from office, shall deliver to his succes- prsoers touc cessor. sor all prisoners in his custody, and for that purpose shall retain Ibid. ~27. the keeping of the jails and houses of correction under his care, and of the prisoners therein, until his successor is appointed and qualified. 42. In case of the death of the sheriff, the jailer, master, or Upon death of keeper, by him appointed, shall continue in office and retain the sriff, jailer to continue in office custody, rule, and charge of the jail or house of correction, and of until, &. all prisoners committed thereto, until a successor to the deceased Ilbid. ~ 28. sheriff is appointed or elected and qualified, or until the governor, by and with the advice of the council, removes such jailer, master or keeper, and appoints another. 1 In Suffolk the house of correction is under the care of the board of directors for public ins titutions. See post, ~ 110. 384 HOUSES OF CORRECTION AND JAILS. Compensation of 43. For the safe-keeping of the prisoners committed to his srisoners, of custody, the sheriff shall have such compensation from the G.. 178,~2. county, not less than twenty dollars a year, as the county corm missioners, or in the county of Suffolk the mayor and aldermen, order. He shall not receive any rent or emolument from the jailers and keepers of the houses of correction, for the use and occupation of the dwelling houses provided for them by the county. Salaries of officers, 44. The commissioners shall establish fixed salaries for all assistants, &c. Ibid. ~22. officers, assistants, and employees, of jails and houses of correci864, c. 270, ~ 1 tion, which shall be in full compensation for all their services, and for which they shall devote their whole time to the discharge of their duties, unless released therefrom by the commissioners.1 If inadequate, su- 45. If the sheriff, master, keeper, or jailer deems any such perior court to determinne. salary inadequate, he may present his petition, showing the facts,.. 178, ~23. to the superior court next to be holden for the county, and the court, after notice to the chairman of the county commissioners, and a hearing, shall fix the salary, and pass such further order in the premises as law and justice require. Sheriff who acts as 46. Any sheriff who personally performs the duties of jailer jailer, a&cd., mare- or master of the house of correction, may receive, in addition to ceive ap.ditional compensation. his salary as sheriff, the compensation established by the pro18(iO, c. 92, ~~ 2, 2. visions of section forty-four; provided, that in no such case such compensation shall exceed one thousand dollars per year, and all laws inconsistent herewith are repealed.2 Jailer, &c., to keep 47. The jailer, keeper, or master of each jail and house of corcalendar of prison -sh ers. rection, shall keep in a bound book an exact calendar of all prisG.. 178, ~ 24. oners committed thereto, and shall cause to be distinctly registered therein the names of all prisoners, their places of abode, additions, See ~93. and the time, cause and authority of their commitment, and a description of the persons of such as are committed on criminal prosecutions, together with such facts as, with the entries in the prison book, will enable the sheriff or directors to make the returns required by sections eighty-seven and ninety-three. When a prissoner is liberated, he shall register in the same book the time and authority of such liberation, and in case of an escape, the time and Penalty for manner of the escape. Every jailer, master, or keeper neglecting neglect. to keep such calendar, or enter such facts therein, shall forfeit one hundred dollars, to be recovered by the commissioners or directors in an action of tort, in the name of the county, or in Suffolk in the name of the city of Boston, and expended by them for the relief of discharged prisoners. 1 See records of the board of aldermen, Oct. 3, 1864. 2 See act 1862, c. 216, relating to extra fees and compensation of officers who receive a salary, under " Contracts with City Officers," ante, p. 136. HOUSES OF CORRECTION AND JAILS. 385 48. The keeper of every jail and the master of every house of Record of conduct to be kept, and correction shall keep a record of the conduct of each convict term. ofimnprisonwhose term of imprisonment is not less than four months, and for ment reduced in certain cases. every month that a convict appears by such record to have faith- G.. 178, ~ 47. fully observed all the rules and requirements of the prison, and 13 Gray,.18. not to have been subjected to punishment, there shall be deducted from the whole term of his sentence, whether in one or more cases, as follows: from a term of less than th ee years, one day; from a term of three and less than seven years, two days; from a term of seven and less than ten years, four days; and from a term of ten years or more, five days; said record shall be submitted to the sheriff and to the overseers of the house of correction, or board of directors for public institutions in the city of Boston, to be considered by them in recommending prisoners to executive clemency. 49. The warden of the State prison, the masters and keepers wardens, masters, of the several jails and houses of correction in this common- countof mPne.ys, wealth, shall cause to be kept a book of record in which shall be &c1S61, c. 138, ~1. recorded a correct account of all money or other property found in the possession of prisoners committed to the aforesaid institutions; and said officers shall be held responsible to the commonwealth for the safe-keeping and delivery of said property to said prisoners, either upon their order or receipt at any time before or at the time of their discharge therefrom. 50. All warrants, mittimuses, processes, and other official Warrants, &c., to papers, or attested copies thereof, by which a prisoner is commit- beledfit'aend dliv ted or liberated, shall be regularly filed in the order of time, and successor. I. s. 178, ~ 25. with the calendar, be safely kept in a suitable box for that purpose, and upon the expiration of the sheriff's commission, his death, resignation, or removal fiom office, be delivered to his successor; and in default thereof the sheriff or his executors or admlinistrators shall forfeit two hundred dollars. 51. The keeper of each jail and the master of each house of Prisons, &c., tobe correction shall, at the expense of the county, see that the same is wlitewashled, kept clean, &e. constantly kept in as cleanly and healthful a condition as may be, Ibid. ~.1. and shall cause the whole interior thereof, including the floors, to be thoroughly whitewashed with lime at least twice in each year, and the walls and floors of each room, while any person is confined therein, to be so whitewashed once in each month between the first of Way and the first of November. No permanent vault shall be used in any apartment. Every room occupied by a prisoner 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 constantly kept in good order. 33 386 HOUSES OF CORRECTION AND JAILS. Cleanliness of 52. The keeper and master shall see that strict attention is food, thc. constantly paid to the personal cleanliness of all prisoners in their. s.178, ~32. custody, and shall cause the shirt of each prisoner to be washed, and the prisoner himself to be shaved, once at least in each week, and to have a weekly bath of cold or tepid water applied to the whole surface of the body, unless by reason of sickness such bath would be hurtful or dangerous. Each prisoner shall be furnished daily with as much clean water as he has 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 night. All prisoners not in solitary confinement shall be served three times each day with wholesome food, well cooked, in good order, and in sufficient quantity. C3lassification Ma and 53 M female prisoners shall not be put or kept in the separation of prisoners. same room; nor, unless the crowded state of the jail or house of Ibid. ~33. correction requires it, shall any two prisoners, other than debtors, See ~ 66. be allowed to occupy the same room, except for work. Persons comlmitted for debt shall be kept separate fiom felons, convicts, and persons confined upon a charge of felony or other infamous offence, and all conversation between prisoners in different apartments shall be prevented. Minors shall be kept separate from notorious offenders and those convicted of a felony or otherinfamous crime. Persons committed on charge of an offence shall not be confined with convicts, and prisoners charged with or convicted of an offence not infamous shall not be confined with those charged with or convicted of an inlhmous crime, except while at labor or assembled for moral or religious instruction, at which times no communication shall be allowed between prisoners of different classes. Execution of sen- 54. When a convict is sentenced to solitary imprisonment and teneto sonlary hard labor in a jail or house of correction, the master or keeper Ibid. ~34. shall execute the sentence of solitary imprisonment by confining the convict in one of the cells, or if there is none, then in the most retired and solitary part of the jail or house, and during the time of solitary imprisonment the convict shall be fed with bread and water only, unless other food is 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. Shall be kept to 55. As soon as the term of solitary imprisonment has expired, hard labor but notinengraving or the master or keeper shall furnish the convict with tools and printing Log and materials or other means for work in a suitable manner, in which chain may be used. Ibid. ~35. he can be usefully or profitably employed, either in the house of correction or jail, or in the close yard thereof; but no convict shall be employed in engraving or printing of any kind. Such HOUSES OF CORRECTION AND JAILS. 387 convict may, if necessary, be confined by a log and chain, or in G. s.178, ~ 35. such other manner as shall prevent his escape without unnecessarily inflicting bodily pain or interrupting his labor. The overseers, or, when the punishment is inflicted in the jail, the sheriff, shall oversee the execution of all such sentences. 56. If a convict is refractory, or, during the time for which he Punishmentof is sentenced to hard labor, refuses or neglects, without reasonable tpio ooners&.tung. cause, to labor in a suitable manner when required, he shall be to be in solitary more than three kept in solitary confinement and fed on bread and water, as before days, &c. provided, so long as he is refractory or refuses to labor; but no Ibid. ~36 keeper of a jail or master of a house of correction shall confine in solitary imprisonment any convict for more than three days at one time, without informing the sheriff or overseers thereof and the reasons therefor. 57. Whoever lawfully imprisoned in any place of confinement Punishment for established by law, other than the State prison, breaks therefrom psoners escaping and escapes, or forcibly breaks the same with intent to escape, ibid. ~46. 4 Mlet. 361. or by force or violence attempts to escape therefrom, shall be pun- 5 Met. 555. ished by imprisonment in the State prison not exceeding five 5Allen,130 years, or in the jail or house of correction not exceeding three years, or by fine not exceeding one thousand dollars. 58. If a person confined in a jail or house of correction upon a Punishment of reconviction or charge of an offence against the commonwealth, is frbit"o prol. 6" refractory or disorderly, or wilfully or wantonly destroys or injures any article of furniture or other property, or any part of such prison, the sheriff overseers, or board of directors for public institutions, respectively, after due inquiry, may cause him to be kept in solitary confinement, not more than ten days for one offence; and during such confinement he shall be fed with bread and water only, unless other food is necessary for the preservation of his health. 59. If a person committed to jail on mesne process or execu- Punishment of poor debtors, &c., tion, or for any other cause than those mentioned in the preced- whocodmmttdepreing section, is on complaint of the keeper convicted before a dation.s Ibid. ~ 38. justice of the peace, or police court, of either of the offences therein specified, he shall be punished by solitary imprisonment as directed in said section, not more than ten days for each offence. He shall also be liable for double the amount of the damage done to the jail, furniture, or other property, to be recovered in an action of tort, which may be brought by the sheriff or county treasurer in the name and to the use of the county. 60. The two preceding sections shall not affect the authority Sheriff's and keepof a sheriff, jailer, or master of.a house of correction, to preserve eafeeteod.ty no order and enforce strict discipline among the prisoners in his Ibid. ~39. custody. 388 HOUSES OF CORRECTION AND JAILS. Moral and rell- 61. The keeper or master shall, at the expense of the county, gious instruction * to prisoners, rcn provide for each prisoner under his charge who is able and deG. S. 178,,~ 40. sirous to read, a copy of the Bible or of the new testament, to be See ~ 14. used by such prisoner at proper seasons during his confinement, and the county commissioners may, in their discretion and at the expense of their county, provide moral and religious instruction for the prisoners confined in the jails and houses of correction of their respective counties Prisoners in the State prison, or in any jail, house of correction, almshouse, or other place of confinement, may, in their illness, on request to the warden, keeper, or master, receive the visits of any clergyman they may desire. Instruction in 62. The county commissioners of each county, and the readng and aldermen of the city of Boston, with the sheriff of the county, writing. Ibid. ~41. may, at the expense of their county or city, furnish suitable See ~ 14, instructions in reading and writing for one hour each evening, except Sundays, to such prisoners as may be benefited tnereby, and are desirous to receive the same. Burial of deceased 63. When a person imprisoned for any cause dies in prison, prisoners, the sheriff or the keeper shall deliver the body to his relations or Ibid. ~ 26. friends, if they request it. If no application is made therefor, the sheriff or keeper shall bury the same in the common buryingground, and the expenses be paid by the city or town in which such person had a legal settlement, if any, otherwise by the county. Spirits and strong 64. No sheriff, jailer, master of a house of correction, or other dnles,&chibitd officer, or under-keeper of a prison, shall, under any pretence, Ibid.~42, give, sell, or deliver, or knowingly suffer to be given, sold, or See ~ 66. See~ delivered, to any person committed to jail for debt and supported at the charge of the creditor, or to a prisoner in confinement upon conviction or charge of an offence, any spirituous liquor or mixed liquor, part of which is spirituous, or any wine, cider, or strong beer, unless the attending physician of the prison certifies in writing that the health of the prisoner requires it, in which case he shall be allowed the quantity prescribed, and no more. Penalty for fur- 65. Whoever gives, sells, or delivers to a person confined in a tnishing, tar- jail, house of correction, house of industry, workhouse, or prison, nish, spirits, &c., or to a person in custody of a sheriff, constable, police officer, jailer, to prisoners. to pisoners. master of a house of correction, or warden of a prison, any spirituous or other liquors, as mentioned in the preceding section, or has in his possession, within the precincts of any jail, house of correction, or other place of confinement mentioned in this chapter, any such liquors, with intent to convey or deliver the same to any person or prisoner confined therein, unless under the direction of the physician appointed to attend such prisoner, shall be punished by HOUSES OF CORRECTION AND JAILS. 389 fine not exceeding fifty dollars, or by imprisonment in the jail or G.. 178, ~ 43. house of correction not exceeding two months. 66. If a sheriff, jailer, or master of a house of correction gives, Penalty for neglect of duty by sheriff, sells, or delivers to any prisoner in his custody, or willingly or jaler, &c. negligently suffers such prisoner to have or drink any spirituous, Ibid. ~ 44. fermented, or other strong or mixed liquor, prohibited by section sixty-four,1 or places or keeps together prisoners in his custody of different sexes or classes, contrary to the provisions of section fifty-three,2 he shall in each case forfeit for the first offence twentyfive dollars, and for any such offence committed after the first conviction fifty dollars, and 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. 67. The sheriffs of the several counties, and the board of Officersusingindirectors for public institutions in Boston, shall forthwith remove toxbeatig liuors any officer by them respectively appointed to any position of trust Ibid. ~ 45. or authority in the jails and houses of correction, who is known to use intoxicating liquors as a beverage. 68. If disease breaks out in ajail or other prison, which in the Removalofprisonopinion of the inspectors of the prison may endanger the lives or ers in cae of pesti`-I~~ —----- -- --- ---- ~~~ — ~- ~-' T'~"-''' ~ lence. health of the prisoners to such a degree as to render their removal Ibid. ~48. necessary, the inspectors may designate in writing some suitable S~~e 9,27 0, place within the same county, or any prison in a contiguous county, as a place of confinement for such prisoners. Such designation being filed with the clerk of the superior court, 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. Any place to which the prisoners are 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.3 69. If a jail or other prison, or any building near thereto, is on Removal in case o fire, and the prisoners are exposed to danger thereby, the sheriff, danger fromfire. I'In L 3 ~~~~~~~~~~~~~~~~~~~Ibid. ~ 49. jailer, or other.person having charge of the prison, may remove such prisoners to a place of safety, and there confine them so long as may be necessary to avoid the danger, and such removal and confinement shall not be deemed an escape of the prisoners. 1 Being Gen. Stats. c. 178, ~ 42. 2 Being Gen. Stats. c. 178, ~ 33. 3 See provisions for removal and returns of removal in case of dangerous diseases, and for the vaccination of prisoners, Gen. Stats. c. 26, on pp. 319, 320, ante, ~~ 26, 27, 31. 33* 390 HOUSES OF CORRECTION AND JAILS. EXPENSE OF SUPPORTING PRISONERS, ETC. Commissioners to 70. The commissioners, except in the county of Suffolk, shall, procure supplies, ocue uppies, without extra charge or commission to themselves or any person, G.S.178, ~ 50. procure, or cause to be procured, all necessary supplies for the jails and houses of correction, to be furnished and purchased under their direction and at the expense of the county. Expense of sup- 71. All charges and expenses of safe-keeping, maintaining, porting convicts in jails,&c.; how and employing, convicts sentenced to imprisonment in the jail or paid. house of correction, of the safe-keeping of persons charged with Ibid. ~ 51. 8 Met. 513. offences, and committed for trial or sentence, and, except in the county of Suffolk, of prisoners committed on mesne process or execution, so long as the fees for their board are paid by the defendant or debtor, plaintiff or creditor, shall be paid from the county treasury, the accounts of the keeper or master being first settled and allowed by the commissioners, or in the county of Suffolk by the board of accounts; and no allowance therefor shall be made by the commonwealth. Advancement of 72. The county commissioners, and the aldermen of the city money for tools Of Boston, may order such sums of money as may from time to and materials, &c. Ibid. ~52. time be necessary, to be advanced out of the treasuries of their counties or city to the master of the house of correction or keeper of the jail, for the purpose of providing such tools, materials, and other things, as may be required for the employment, restraint, and safe-keeping of the convicts; and the master or keeper shall appropriate the same under the direction of the officers ordering the advancement, and account to them for the expenditure thereof. Master, &c., to keep 73. Each master or keeper shall cause the articles manufacccout of earn- tured by the prisoners in his custody, or the produce of their labor, ings, &C. ibid. ~53. to be disposed of to the best advantage, and under the direction of said commissioners or aldermen shall cause accounts to be kept of the proceeds thereof, and shall present such accounts to them for settlement semi-annually, and as much oftener as they deem it necessary. He shall pay into the treasury of the county or city, at such time as said officers direct, the amount of sales and other proceeds of the labor and earnings of the prisoners in his custody, or the balance thereof. Master, &c., to sup- 74. The master or keeper shall furnish, at the expense of the ply fuel, &c. Al- county, necessary fuel, bedding, and clothing for all prisoners in lowance therefor. Ibid. ~54. his custody upon charge or conviction of any offence against the commonwealth, and shall present to the county commissioners, or in the county of Suffolk the board of accounts, a full account of his charges so incurred, and also for necessary furniture for the prison; and the commissioners or board of accounts shall make a HOUSES OF CORRECTION AND JAILS. 391 reasonable allowance therefor, which shall be paid from the county G. s. 178s, ~ 54. treasury. 75. When the commissioners or the aldermen of the city of Master, &c., to obey orders for furBoston direct specific rations or articles of food, soap, fuel, or nishingspecifiu other necessaries, to be furnished to the prisoners, the keeper or rations. Penalty. master shall conform to such direction, and if he refuses or neglects to furnish the same, he shall be subject for a first and second offence to the penalties prescribed by section sixty-six for the offences therein mentioned. 76. The board of directors for public institutions in Boston Compensation of master of house of shall from time to time determine what sum the master of the correction in Sufhouse of correction for the county of Suffolk shall receive for the folk. Ibid. ~ 56. board of the persons committed to his custody, and the master shall in addition to such board receive such further compensation for his. services as the city council of Boston deem just and reasonable. 77. In the county of Suffolk the board of directors for public Ovelseers, &c., to institutions, and in other counties the overseers of the houses of audit accounts for support of concorrection, shall twice in each year, and oftener if necessary, victS, &C. examine and audit the accounts for the care and expense of Ibid. ~ 57 supporting and employing the persons committed to the houses of correction in their county, and certify what sum is due for supporting and enlploying each person, after deducting the net profit of his labor. If any of said persons refuse or neglect, for four- If notpaid, suits to teen days after demand in writing by the master or keeper, to pay be commenced. the sum so certified to be due, the commissioners or directors may commence an action of contract in the name of their county, or in Suffolk in the name of the city of Boston, and recover against such person the sum found to be due; but the defendant may prove on the trial that the whole sum allowed and certified by the directors or overseers was not due, and may, as in other cases, tender, bring into court, or offer judgment for, such sum as he admits to be due. 78. When they certify that a sum is due for supporting and Suportporofor convicts; how rcemploying any person who has not sufficient estate to pay the.covered of kindred, same, such sum may be recovered by the county, or in Suffolk by town, &c. Ibid. ~ 58. the city of Boston, of any parent, master, or kindred, by law ISPick.470. liable to maintain him. If he is committed for any offence men- 4 Met.278. 5 Met. 54. tioned in section twenty-one of chapter one hundred and sixty-one,1 or section twenty-eight of chapter one hundred and sixty-five,2 and has no parent, master, or kindred, liable by law to maintain him, such sum, to an amount not exceeding one dollar a week, may be recovered of the city or town where he has his lawful settlement. 1 Chap. 161 of the General Statutes. 2 ~ 27, ante. 392 HOUSES OF CORRECTION AND JAILS. Support of poor 79. Upon refusal or neglect to make payment for thirty days'convicts; how dre after the same is demanded in writing of the parent, master, or covered of kindred, 4 or town. kindred, or of any member of the city council of the city, or any G. S. 178, ~ 59. 20 Pick. 112. overseer of the poor of the town, respectively liable by law there22 Pick. 211. for, the county, or in Suffolk, the city of Boston, at any time within two years after the account has been so certified, and not afterwards, may commence and maintain an action for the same, against the party so liable, in the form of action and subject to the defence prescribed and allowed in section seventy-seven. Support of poor 80. When a person is committed for whose support a city or convicts; notice to town liable for. town may be liable under section seventy-four, the master or Ibid. ~60. keeper shall immediately give notice thereof in writing, by mail or otherwise, to the mayor and aldermen, or selectmen of such city or town. Jailers, &c., to keep 81. Jailers and masters of houses of correction shall have a a prison book, &c. Ibid. ~61. prison book, in which they shall keep an account of the value 13 Gray, 439. of labor of the prisoners, and salaries of officers; and also of articles furnished for the support of the prisoners, the quantity, of whom bought, and price paid, classified as follows: First, cost of provisions, including the portion consumed by the family of the jailer or master; Second, cost of clothing; Third, cost of beds and bedding; Fourth, cost of medicines: Fifth, cost of medical attendance; Sixth, cost of instruction, religious or otherwise; Seventh, cost of fuel; Eighth, cost of light; Ninth, allowance to discharged prisoners; Tenth, allowance to witnesses in money or clothing. The prison book, verified by the oath of the jailers or masters, shall be exhibited to the commissioners or directors, when their accounts are presented for examination, and at other times when Penaltyforneglect. demanded. A jailer or master who neglects to keep such book, Ibid. Ibid. or to enter therein such facts, or wilfully makes any false entry therein, shall forfeit one hundred dollars, to be recovered by the directors or commissioners in an action of tort in the name of the county, or in Suffolk of the city of Boston, and expended by them for the relief of discharged convicts. INSPECTORS OF PRISONS. Inspectors of pris- 82. The commissioners for the several counties shall be ono, &c. Ibid. ~62. inspectors of the prisons in their counties. 184, c. 311, ~1. 83. The keeper, master, or superintendent, of each jail, house mae stated re- of correction, or other place of confinement required to be inspected, turns. shall at least twice in each year, make returns to said inspectors, Ibid. ~ 63. at such time and in such form as they direct, setting forth the name, age, and residence, if known, of each person who is or has HOUSES OF CORRECTION AND JAILS. 393 been in custody since the last return, the cause of imprisonment, G. S. 178,~ 63. and the manner in which he has been treated and employed, the punishments inflicted, and the names of all persons who have died, escaped, been pardoned, or discharged, with all other circumstances required by the inspectors. 84. The commissioners shall, twice in each year, at intervals Inspectors of not exceeding eight months, by themselves or a committee of prisons powers and duties of. not less than two of their members, visit and inspect all the Ibid. ~64. prisons in their county, and fully examine into everything relating to the government, discipline, and police thereof. The committee shall as soon as may be after each inspection make and subscribe a detailed report to the commissioners, 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 any convicts 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 inflicted; any evils or defects 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 violated or neglected, with the causes, if known, of such violation and neglect. 85. When the inspectors, or any of them, visit any of said Inspectors to have prisons, either for the purpose of inspection or any other cause, cots, ptrisl.lersa the sheriff, master, keeper, or other officer having charge thereof &cshall admit them when required into every apartment of such Ib~6 prison, exhibit all books, precepts, documents, accounts, and papers, relating to the concerns of the prison, or to the detention or confinement of any person therein, which may be required, and afford to them 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, apart and without the presence of any officer or keeper, converse with any of the prisoners. 86. If it appears to the inspectors, from the report of their Inspectorstonotify district attorney of committee or otherwise, that any of the provisions of law in viostiont of o.. relation to prisons have been violated or neglected in their county, Ibil. ~(i7. they shall forthwith give notice thereof to the district-attorney. 394 HOUSES OF CORRECTION AND JAILS. RETURNS. inspectors to make 87. The inspectors shall, on or before the fifteenth day of annual returns to governor. October in each year, cause to be transmitted to the governor G. s. 178, ~ 8. authentic copies of any information by them given to the districtattorney in relation to any violation or neglect of the law respecting prisons, and a statement of the expenses incurred in providing moral and religious instruction for the prisoners confined in the jails and houses of correction in their respective counties, with such further statements and suggestions as may in their opinion require the attention of the government. Weekly returns of 88. The secretary of the board of State charities shall furnish, commitments to be Inade. from time to time, to the keepers of the several prisons and work1804,c. 307, ~1. houses throughout the commonwealth, including the State prison and the houses of industry, reformation, and correction, in the city of Boston, the following blank schedule for periodical returns, which shall be made weekly from all prisons where the commitments average ten a week and upwards; monthly from all prisons where the commitments average between two and ten a week; and once in six months from all other prisons. ADMISSIONS. Registered number; name; color; age; sex; birthplace; parents both Americans; parents both temperate; parents both or either convicts; ever married; intemperate; what education; what property; ever in army or navy; ever in reform school; when committed; why committed; number of former commitments; when discharged; how discharged; length of sentence; number of days sick; number of times punished in prison. DISCHARGES. Registered number; name; when committed; why committed; when discharged; how discharged; time in prison; number of days sick; number of times punished in prison; number remaining by last report; number committed since last report; number discharged; number transferred from other jails, &c.; number transferred to other jails, &c.; number now in confinement. Annual returns of 89. The said secretary shall also furnish the sheriffs of the mane. t e several counties, the board of directors for public institutions of Ibid. ~2. the city of Boston, and the warden of the State prison, with the following blank schedule for annual returns, to be made on the first day of October in each year, and lodged with the said secretary before the fifteenth of October: HOUSES OF CORRECTION AND JAILS. 395 1. Names and salaries of every officer employed and paid in 1864, c.307,~2. and about the prison. [NAME.] [DUTY.] [SALARY.] 2. Sum expended for provisions. 3. Sum expended for clothing. 4. Sum expended for fuel and light. 5. Sum expended for beds and bedding. 6. Sum expended for medicine and medical attendance. 7. Sum expended for instruction of prisoners. 8. Sum allowed to discharged prisoners. 9. Sum allowed to witnesses. 10. Sum expended for all other purposes. 11. Total amount expended. 12. Amount received for labor of prisoners. 13. Nature of instruction given. 14. Number of volumes in the prison library. 15. Number of prisoners vaccinated. 16. Number of persons committed for non-payment of fine and costs. 17. Number of persons who paid fine and costs. 18. Amount received for fines and costs. 90. The board of county commissioners in any county, when County commissioners to report to applied to therefor by the sheriff, shall make a return to him on heriff in certain or before the tenth day of October, of the amount expended by cases. them, or with their approval, to provide all necessary supplies for the jails and houses of correction, necessary to enable him to comply with the requirements of the preceding section. 91. Every sheriff or prison officer who omits to make and Penalty for neglect to make returns. transmit, according to the provisions of this act, true answers to bid. ~e4.et the inquiries contained in the schedules, and every director or county commissioner, when his board omits to make and transmit such answers, shall forfeit one hundred dollars. 92. The secretary, when he finds that a sheriff, county commis- District attorney to sioner, or director is liable to a forfeiture under the provisions make complaint. Ibid. ~ 5. of this act, shall forthwith notify the district-attorney for the district in which such sheriff or director resides, who shall immediately institute a complaint therefor, and the forfeiture recovered shall be applied by the county for the relief of discharged convicts. 93. On or before the fifteenth day of October in each year, Sheriffs, &c., to in the county of Suffolk, the board of directors for public institu- Abteract.rns tions shall, in relation to houses of correction, and the sheriff G.S.178,~70. in relation to jails, and in each of the other counties the sheriff See~42. in relation to both jails and houses of correction, shall make and transmit to the secretary of the commonwealth true answers to the inquiries contained in the blanks mentioned in section eightyeight. The secretary shall prepare and transmit an abstract thereof, in a printed form, to the legislature at the ensuing session thereof. 396 HOUSES OF CORRECTION AND JAILS. Penalties for neg- 94. Every sheriff who omits to make and transmit, according lect. G. S. 178, ~ 71. to the peceding section, true answers to such inquiries, and every director, when his board omits to make and transmit such answers, shall forfeit one hundred dollars. Prosecution of de- 95. The secretary, when he finds that a sheriff or director is linquents. bin. u 7s. liable to a forfeiture under the preceding section, shall forthwith notify the district-attorney for the district in which such overseer or director resides, who shall immediately institute a complaint therefor, and the forfeiture recovered shall be applied by the county for the relief of discharged convicts. COMMITMIENTS AND DISCHIAIGES. Courts may sen- 96. Whoever is convicted of an offence punishable wholly or tence to jail or house of correction. in part by imprisonment in the jail, may be sentenced to suffer G. S. 174~ 4 such imprisonment in the house of correction instead of the jail, 2 Met. 419. 4 Met. SI. or to suffer solitary imprisonment and be confined at hard labor either in the jail or house of correction. same subject. 97. Whoever is convicted of a crime punishable by fine and Ibid. ~5 liable to imprisonment in the jail for the non-payment of fine and costs of prosecution, may be sentenced to suffer such imprisonment in the house of correction instead of the jail, and confined at hard labor either in the jail or house of correction. Conditional sen- 98. When a person is convicted of an offence punishable at tbd. 6. the discretion of the court, either by fine or imprisonment in the 23 Pick. 280. jail or house of correction, or by fine or imprisonment in the State 2 Met. 411, 412. 5 Met. 560. prison, the court or justice may award against such offender a conditional sentence, and order him to pay a fine with or without the costs of prosecution, within a limited time to be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. Same subject. 99. The person against whom any such conditional sentence Ibid. ~ 7. is awarded shall be forthwith committed to the custody of an officer in court or to the jail, to be detained until the sentence is complied with; and if he does not pay the fine and costs imposed within the time limited, the sheriff shall cause the other part of the sentence to be executed forthwith. Court may impose 100. When it is provided that an offender shall be punished fine or imprison-. ment, except, &c. by imprisonment in the jail and a fine, or by imprisonment in the Ibid. ~8. house of correction and a fine, such offender, unless convicted under chapter eighty-six,1 may at the discretion of the court be sentenced to be punished by such imprisonment without the fine, or by such fine without the imprisonment. 1 Chap. 86 of the General Statutes concerning the manufacture, sale, &c., of intoxicating liquors. HOUSES OF CORRECTION AND JAILS. 397 101. When a convict has been confined in a prison, house of Limitations of confinement in certain correction, jail, or other place of confinement, thirty days for fine, caees. or fine and costs not exceeding ten dollars, or forty days for fine, 18s, c. 44, ~1. or fine and costs not exceeding twenty dollars, he shall be discharged, 102. When a poor convict has been confined in a prison or Poor convicts, how,discharged firom house of correction for three months, for fine and costs only, or pisc l.ater three for either of them, the jailer or master shall make a report thereof, montls. G. S. 180, ~ 6. in the county of Suffolk to the police court' of the city of Boston, s GCray, 3'5. and in other counties to any two justices of the peace, one of whom shall be of the quorum, or to any police court. The court or justices shall proceed to make inquiry into the truth thereof, and may require the jailer or keeper to bring the convict before them at the prison or such other convenient place near thereto as they may direct. If satisfied that the statement in the report is true and that the convict since his conviction has not had any estate, real or personal, with which he could have paid the sum for which he is committed, and that he is held for no other cause, they shall make a certificate thereof to the sheriff, directing him to discharge the convict. 103. The justices of the municipal courts, justices of police Poor convicts, how discharged when courts and trial justices, may discharge from the jails in their confined for nonseveral counties persons confined for the non-payment of fine and pay tt of fines costs, not exceeding ten dollars, when they are of opinion that 186,c. 284. such persons are not able to pay the fine and costs, or that it is otherwise expedient; and the board of directors for public institutions of the city of Boston may in like manner discharge persons so committed to the house of industry; but no fees shall be allowed to any person for such service. 104. A person under guardianship may have the benefit of the Persons unler gufrdianship, how provisions of the three preceding sections, although it appears discharged. that he has property held under guardianship, if it also appears G.. s180,~ 9 that such property is beyond his actual control. 105. When a person is discharged under the preceding section, Fine and costs may be recovered of' the commonwealth may, in an action of tort brought within one guanl'ct n. year after the discharge, recover against his guardian, if he has Ibid. ~10. assets, the amount of fine and costs remaining unpaid. 106. The fees of the justices for discharging a convict under Fees for discharge. this chapter, shall be one dollar to each justice, and for travel five Ibid. ~ 11 cents for each mile going and returning, which shall be taxed, allowed, and paid in the same manner as other costs arising before justices of the peace in criminal cases. 107. Any convict who, at the legal expiration of his sentence, Convicts too sick to be removed, how is in a condition, from bodily infirmity or disease, to render his to be provided fbr. removal impracticable, shall be provided for and receive such G.. 7i, 42. 1864, c. 169. ~ 2. 1 Now the municipal court. 34 398 HOUSES OF CORRECTION AND JAILS. G.s. 71, ~42. treatment, in the State prison, jail, or house of correction, as the 1864,. 169, ~ 2-. exigency of the case may1 require, until he is in a condition to be removed. And the expense of such care and the treatment of any discharged convict shall be paid by the city or town where he may have a legal settlement, or if he is a State pauper, by the comlmonwealth. LUNATICS IN PRISON. Insane persons in 108. When a convict in a prison other than the State prison, prison, how repnovei to hospital. or in the house of correction, appears to be insane, the physician G. S. 180, ~4. attending the prison or house of correction, shall make a report thereof to the jailer or master, who shall transmit the same in the county of Suffolk to a judge of the superior court, and in any other county t tthe judge of the probate court The judge shall make inquiry into the facts therein stated, and if satisfied that such convict is insane, he may, at any time he deems necessary, cause such prisoner to be removed to one of the State lunatic hospitals. If sane before term 109. If a person so removed is restored to sanity before the tire. t e re expiration of his sentence, he shall be forthwith returned to the ibid. ~ 5. prison or house of correction from which he was removed, there to remain pursuant to his original sentence, computing the time of his confinement in the hospital as part of the term of his imprisonment. BOARD OF DIRECTORS FOR PUBLIC INSTITUTIONS IN BOSTON. Directors for 110. There shiall be elected by the city council of the city of public institutions to be chosen. Boston, by concurrent vote, twelve suitable persons, resident citi1857, c. 3, ~1. zens of the said city, who shall constitute a board of directors for the houses of industry and reformation, and the lunatic hospital, within said city, and the house of correction for the county of Their powers and Suffolk. The said board shall be styled " The board of directors futies. f for public institutions', and shall have all the authority and powers, and be subject to all the duties now conferred and imposed by virtue of existing statutes, respectively, upon the directors of said houses of industry and reformation and the overseers of said house of correction; together with such other powers and duties in connection with said lunatic hospital and the management of the business thereof as the said city council may, by ordinance and in conformity to the statutes of the commonwealth, provide.2 1 See "House of Industry"; "House of Reformation"; "Lunatic Hospital." HOUSES OF CORRECTION AND JAILS. 399 A majority of said board of directors shall constitute a quorum for A majority a the transaction of business; and upon the election of the first q.u>l..l3. ~] board, as provided in the fourth section of this act, said city council shall be discharged from all obligations of statutes now existing requiring the election or appointment of directors or overseers for either of said institutions. 111. The said board of directors shall also have the same May discharge the powers, as to the discharge of insane persons from confinement, ib..n. as are now vested in the mayor and board of aldermen of said city.1 112. The said city council shall have power to pass such ordi- city council may nances, not inconsistent herewith or repugnant to other laws of Ibss"dinances. this commonwealth, as to the duties and authority of said board of directors, and providing for their reasonable compensation, as it may from time to time deem expedient and necessary. 113. Said city council shall proceed, after the acceptance of city council to elect directors, and this act, to elect by ballot nine citizens at large, three of whoml t,, dfirtle. this three of whom term of office. shall be elected and hold their office for three years, three for two Ibid. ~ 4. years, and three for one year; and these persons, together with one member from the board of aldermen and two members from the common council of said city, to be elected for one year by the said city council, shall constitute the first board of directors under this act; and thereafter, annually, the said city council shall elect in the manner aforesaid, three citizens of said city, at large, who shall hold their office in said board of directors for three years, and one member of the board of aldermen and twvo members of the common council of said city, who shall hold their office in said board of directors for one year. Each of the said directors, so elected under this act, shall, in addition to his said term, hold his office until another is elected in his stead; and the said city council shall have power to remove nmembers from said board of directors, for cause shown, and to fill all vacancies which may occur in the same. 114. This act shall not go into effect, unless acceptedl by said cActtobe accepted. city council within six months from its passage, and shall take Ibid.~5. effect, directly upon and after such acceptance.2 115. All acts and parts of acts inconsistent herewith are Repeal of other laws. hereby repealed. Ibid.. 116. The board of directors for public institutions of the city Directors may reof Boston, comprising the house of correction, house of industry, OVneieistton tom house of reformation, and lunatic hospital, is hereby authorized, another. at its discretion, to transfer from any one of the said institutions, 185, e. 112. 1 See "House of Industry";'House of Reformation"; Lunatic Hospital." 2 Accepted March 31, 1857. 400 HOUSES OF CORRECTION AND JAILS. 1858, c. 112. to any other of said institutions, any prisoner sentenced to either of the same; provided, the assent of the court or magistrate that committed said prisoner, shall first be obtained to such removal.1 ORDINANCE.2 Board of directors SECTION 1. There shall be a board of direcfor public institut iols. tors to be styled " The board of directors for Sept. 17,1869. public institutions," consisting of twelve suitable persons, residents of the city of Boston, who shall have charge of the house of correction, house of industry, house of reformation, and lunatic hospital, and of such other institutions as may be placed under their direction by the city council. In the month of January, in the year eighteen hundred and seventy, and annually Manner of elec- afterwards in said month, the city council shall tion. elect, by concurrent vote of the two branches, one member of the board of aldermen and two members of the common council, to be members of the board of directors for public institutions, to hold office during the remainder of the municipal year in which they are elected, and until others are elected in their place, unless sooner removed. In the month of March or April, in the year eighteen hundred and seventy, and annually thereafter in March or April, there shall be elected, by concurrent vote of the two branches of the city council, three members of the board of directors for public institutions, from the 1 The powers granted by ~ 116 have never been exercised by the directors, as the constitutionality of the act has been seriously questioned. 2 An ordinance in relation to the public institutions, passed December 12, 1862, amended December 4, 1866, and September 17, 1869. HOUSES OF CORRECTION AND JAILS. 401 citizens at large, to hold their office for three Sept. 17, 1869. years from the first Monday in May in the year of their election, and until others are elected in their place, unless sooner removed. The members of said board of directors shall at all times be subject to removal from office by the city council for cause; and vacancies from any cause may be filled at any time for the unexpired term in the same manner as the original appointment. SECT. 2. The persons elected from the city organization of the board. council shall enter upon their duties as members Ibid. of said board of directors forthwith; and the persons elected from the citizens at large shall enter upon their duties on the first Monday in May. On the first IMonday in May, annually, the members shall meet and organize themselves into a board, by the choice of one of their number as president. They shall also choose a clerk, who shall not be a member of the board; and they may make such rules and regulations for their own government, and for the government of all subordinate officers by them appointed, as they may deem expedient. A majority of the whole board shall be necessary to constitute a quorum for the transaction of business. SECT. 3. The said board of directors shall Powers and duties of the directors. have and exercise all the powers conferred, and Dec. 12, 1862. be subject to all the duties imposed, by existing laws in relation to the house of industry, house of reformation, lunatic hospital, and the overseers of houses of correction, and which may be conferred by this ordinance, and by future laws and ordinances. 34* 402 HOUSES OF CORRECTION AND JATLS. Directors to have SECT. 4. The said board of directors shall charge of records, make rules and have charge of all books, papers, property, and regulations, appoint officrs. things pertaining to the aforesaid institutions, and shall make all needful rules and regulations for the government and management of the same, and employ such subordinate officers, agents, and assistants as they may deem expedient, and fix the compensation for each; provided, however, compensation. that the compensation of all persons employed shall be subject to the control of the city council. Rules anreg- No rule or regulation made by said board shall lations to be approved bycity take effect until it may have been approved by Ibid. the city council, nor shall it remain in force after it may have been disapproved by the city council. Until new rules and regulations have been approved, those now in use at the several institutions shall remain in force. perintendent of SECT 5. 5 Annually, in the month of February, lunatic hospital to beelecsted owisu- and whenever a vacancy may occur, the board Ibid. shall elect some suitable physician as superintendent of the lunatic hospital, who may be removed at their pleasure, and shall receive such compensation as the city council may determine. He shall constantly reside at the hospital, and shall perform the duties of physician to such other institutions under the charge of the board as the directors may require. He shall, subject to the approval of the board, appoint assistants, subordinate officers, and attendants, and shall have charge and control of the hospital, grounds, buildings, and appurtenances, and of all patients, subordinate officers, attendants, and domestics. HOUSES OF CORRECTION AND JAILS. 403 SECT. 6. The board of directors shall make Directors may make repairs, &c. all necessary repairs and alterations in the several Dec. 12,1862. buildings, and make improvelents in the grounds connected with the buildings under their charge, provided the expense thereof shall not exceed the amount appropriated therefor by the city council; but they shall not incur any expense for the erec- Expense limited. Ibid. tion or repair of structures, or for the improvem1ent or ornament of the grounds, exceeding the appropriation therefor, without first obtaining the approval of the city council. SECT. 7. Whenever it is necessary to procure Supplieshowto be procured. supplies, material, services, or labor for the said Ibid institutions, all due care shall be used to procure the same at the lowest market price. When the supplies or materials to be obtained exceed in value the sum of three hundred dollars, the board shall advertise in the newspapers employed by the city to publish its advertisements, for sealed proposals to furnish such supplies or materials, describing particularly the quality and quantity required, and the times and places of delivery. Such proposals as may be received shall be opened at a public meeting of the board, and the contracts shall be awarded to the lowest bidder; provided, the board shall deem it for the best interest of the city; and the person contracting shall furnish satisfactory security for the faithful performance of his contract. No member of the board,1 either directly or indirectly, for himself personally, or in trust for any other person, shall 1 See "Contracts with City Officers," pp. 136, 137, ante. 404 HOUSE Or' INDUSTRY. Dec. 12,1862. have any pecuniary interest in furnishing supplies for the institutions, or in any contract for the same. Directors shall SECT. 8. The said board of directors shall make quarterly andannualtreports. make a report quarterly, to the city council, of Dec. 12,1862. Dec.4,1s866. their expendclitures for each of the institutions, and annually, in the month of May, make a report in print, of the expenditures and receipts of each institution for the previous year, giving the condition of each institution, with'the number of innmates admitted thereto and discharged therefrom, the births and deaths therein during the year, and the number remaining on the first of May, together with such other information pertaining thereto as they deem of public interest. Repeal ofother SECT. 9. All ordinances and parts of ordiordinances. Ibid. nances inconsistent with this ordinance are hereby repealed.1 HOUSE OF INDUSTRY. STATUTES. 4. Drunkards to be sent to house of 1. Directors, nine in number, of industry. house of industry to be 5. Police court further authorized chosen; vacancies to be filled. to sentence to house of inSuperintendent and other dustry. officers. Powers and duties. 6. Directors to make reports to city 2. Directors may bind out children council; and rules and reguand have all the powers of lations to be approved by city overseers of the poor relating council. to paupers. 7. Directors increased to twelve, 3. Police court authorized to sen- vacancies; powers, and dutence to house of industry, ties, as provided in former rogues, vagabonds, &c. acts. 1 The ordinances passed August 25, 1857, and December 16, 1859. HOUSE OF INDUSTRY. 405 8. Expenses of support of paupers 9. Powers, duties, rights, &c., of in house of industry, how re- directors transferred to board covered. of directors for public institutions. STATUTES. 1. The house of industry that was located in that part of the Directors of house city called South Boston, was completed in 1822;1 and by a special of' i,dustr, to be chosen; their powact of the legislature, passed February 3, 1823, the city council ers and duties. 1822, c. 56, ~~ 1, 2. were authorized to choose nine directors of the house of industry, see'~~7, 9. who "should have and exercise 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, an(l may send such persons to said house and for such purposes as overseers of the poor are by law authorized to do."2 2. By an act passed March 5, 1827, it was further provided Powers and dtlites that the directors of the house of industry in the city of Boston bofthe diretorsas to should have and exercise all the powers and perform all the duties d.e.1222, c. 111. relative to paupers, and the binding out of 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 had and exercised 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 should 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. 3. By the act of February 3, 1823, before mentioned in section Police court may one, it was provided that the justices of the police court 3 in the ^ito housef industry. city of Boston should have and exercise the like authority and 1822, c. 6, ~ 3. power, in (;rdering commitments to said house of industry, as were vested in justices of the peace as to commitments to houses of correction, according to the provisions of " An act for suppressing 177, c. 54, ~ 1. 1 The house of industry was removed from South Boston to Deer Island, in November, 1853. 2 For the general powers and duties of overseers of the poor relating to the support of paupers and the binding out of children, see " Paupers," post. For their powers in the city of Boston, and their duties as a corporate body to hold and manage trust funds, see " Overseers of the Poor," post. See, also, Gen. Stats. cc. 70, 111. 3 Now the municipal court. 406 HOUSE OF INDUSTRY. 1787, c. 54, ~ i. and punishing rogues, vagabonds, common beggars, and other idle, disorderly, and lewd persons," passed March 26, 1788.1 Drunkards sentto 4. It is provided by chapter 258, of the acts of 1864, that perhouse of industry. 1814, c. 258, ~ i. sons convicted in the city of Boston of drunkenness, or as common drunkards, and sentenced to imprisonment, shall have their sentences executed in the house of industry in said city. Police courtfurther 5. An act passed April 4, 1860, concerning imprisonment in authorized to sentence to house of the county of Suffolk, provides that in all cases in which the police industry. court2 of the city of Boston is authorized to sentence to imprison1860, c. 199. ment in the house of correction or county jail, or commitment thereto for non-payment of fine and costs, said court may instead, at their discretion, sentence to imprisonment in the house of industry for the city of Boston, or commitment thereto. Directors to mnke 6. The directors were required to make an annual report to reports, rule to be the city council of the inmates and the expenses, and that the approved by city council. rules and orders for the governing and managing the house of 1822, c. 5 ~~ 4,0, 6. industry should be approved by the city council. Directors of the 7. By an act passed lMarch 16, 1833, the city council were house of industry to be chlosen. empowered, whenever they deemed it expedient, to appoint, by 1833, c. 126, ~1. concurrent ballot in each board, a sufficient number of persons, not exceeding twelve,3 a majority of whom should constitute a quorum for the transaction of business, to be directors of the house of industry in the said city, who should hold their office for the term of one year, and until others were appointed in their Vacancies to be place; and said city council were further empowered in like filled. illmanner to fill all vacancies which milght occur in said board of directors during the year for which it was appointed. And Superintendent said directors might appoint a superintendent, and any other and other officers. officers necessary for the government of said house, and should have all the powers, and be subject to all the duties prescribed to said board by virtue of the several acts to which it was in addition. Recovery ofexpen- 8. By an act passed June 12, 1824, it was provided that the s forp tse support city of Boston should be entitled to the same remedies in order to of paupers. 1824, c. 28, ~. recover the expenses of supporting any poor person mnaintained in the house of industry of said city that towns in this commonwealth were entitled to for the recovery of the expenses of persons 1 For the authority of the justices of the several courts to commit offenders to the house of industry, see "Houses of Correction and Jails," ante. 2 Now the municipal court. 3 The act of 1822, c. 56, limited the number of directors to nine. See ~ 1 in the text. Also ~ 110, p. 398. HOUSE OF REFORAMATIONT. 407 for whom support or relief was provided by overseers of the poor, 1824, c. 28, ~ 1. or under their direction.' 9. The provisions contained in sections one and seven relating Powers duties, &c., to the choice of directors for the management of the house of tanlsfered to new board of' directors. industry, and the provisions in section six relating to reports of 1, 3, c. i, ~,. the directors and rules and orders, are superseded by other provisions contained in an' act passed March 28,1857,2 whereby all the public institutions in the city of Boston, viz: the houses of industry and reformation, the lunatic hospital, and the house of correction for the county of Suffolk, were placed under the control of one board, to be styled " The board of directors for public institutions,: and to have all the authority and powers, Their porers and and to be subject to all the duties now conferred and imposed ties by virtue of existing statutes, respectively, upon the directors of the houses of industry and reformation and the overseers of the house of correction, together with such other powers and duties in connection with the lunatic hospital as the city council may provide. HOUSE OF REFORMATION. STATUTES. 4. Directors to employ and in1. City council may erect or use struct children. Shall have buildings in the city, for power to bind out. To have juvenile offenders. powers, &c., of overseers of 2. Children convicted of criminal the pool. offences may be received by 5. Court may discharge on recomdirectors. nmendation of directors. 3. Children leading an idle or dis- 6. Children already committed to solute life, &c., may be e- ose of correction may be tenced to the house of refor- transferred to house for juvemation. To be kept, &c., nile offenders. till of age. 1 For the recovery of expense for support of paupers, see " Paupers," post. In case inmates of the house of industry die, for the notice to be given and the disposition of the bodies, see ante, " Health," pp. 327, 328, ~~ 70-75. 2 For the act of MIarch 28, 1857, c. 35, and another act relating to the public institutions passed March 27, 1858, c. 112, see " Houses of Correction and Jails," ante, pp. 398, 399, ~~ 110, 116. For the ordinance of the city relating to the public institutions, see "Houses of Correction and Jails," ante, pp. 400, 404. For matters relating to the house of reformation and lunatic hospital, see " House of Reformation," post, p. 408, andl " Lunatic Hospital," ante, p. 365. 408 HOUSE OF REFORMATION. 7. Separate branch for females ORDINANCE. may be established. 1. Directors of house of industry 8. Appeal from judgment of the appointed directors of house police court, under the second of reforation. House of section, to the municipal reformation united with Boylcourt. ston Asylum. 9. Children leading an idle or dis- 2. Rights and power of direcsolute life, &c., maybe sen- tors. tenced to house of reforma- 3. Separate branch for females tion. -established. 10. Directors for public institutions may discharge inmates. STATUTES. City council may 1. By an act passed March 4, 1826, the city council of the erect or use buildings in the city for city of Boston were authorized to erect a building in said city juveniel ofenders. for the reception, instruction, employment, and reformation of 1825, c. 182, ~ 1. such juvenile offenders as were thereafter named in said act; 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. Childrel convicted 2. The directors of the said house of industry, or such other of criminal offences may bereceivedby persons as said city council shall appoint directors of said house directors. for the employment and reformation of juvenile offenders,1 shall Ibidi. ~ 2. have power, at their discretion, to receive 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,'"2 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 court4 within and for the city of Boston, be proper objects therefor; and upon the conviction or commitment aforesaid of any child, in the judgment of such judge or justice a proper object for the said house of 1 The powers granted in ~ 2 are now vested in the board of directors for public institutions. See ante, pp. 398, 399. 2 The act here cited, that is, 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 punishmlent of the class of offences named therein, were incorporated into rev. stat. c. 143, ~ 5, and subsequently into the General Statutes, passed 1859. See ante, "House of Correction and Jails," p. 380, ~ 27. 3 Now the superior court for the transaction of criminal business. 4 Now the municipal court. HOUSE OF REFORMATION. 409 employment and reformation, the said judge or justice, previously 1825, c. 182, ~ 2. 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 Directors to be nothe said directors shall declare their assent to the admission of tieda assent. 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. 3. Any justice or judge of either of the said courts respec- Children leading tively, on the application of the mayor, or of any alderman of the a idle or dissolute city of Boston, or of any director of the house of industry, or house sentenced to house of reformation. of reformation, or of any overseer of the poor of said city, shall have Ibid.. 8. 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 control over said children. And the persons thus committed shall be To be kept, &c., till kept, governed, and disposed of as hereinafter provided, the males oe j.; till they are of the age of twenty-one years, and the females of eighteen years., 4. The directors of said house of industry, or such other Directors to emlploy and instruct persons as said city council shall appoint directors of the institu- children.. tion, authorized by the first section, may receive the persons 1825, c. 82, ~ 4. 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 have power to bind out said minors shall have power to bind out. as apprentices or 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 act providing for the 1793, 5, ~~ 4,5, (. relief and support, employment and 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 1 All of this section, except the last sentence, was substantially re-enacted by stat. 1847, c. 208, ~ 1. Seepost, p. 410, ~ 9. 5 410 HOUSE OF REFORMATION. To have powers, all the duties, of the overseers of the poor, as set forth in the sec&c. of' the over-.. sees of the poor. tions aforesaid of the act aforesaid; and the master or mistress, i825, c. 182, ~ 4. 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.l Court may dis- 5. Whenever said directors, overseers, or managers shall deem chrge, ation reco it expedient discharge any minor comitted to their charge as directors. aforesaid, and not bound out as a servant or apprentice, and shall Ibid. ~ 5. recommend the same in writing to the court by whom such minor was committed, said court shall have power to discharge him or her from the imprisonment or custody aforesaid. Children already 6. The said judge, or either of the said justices, on the applicacommitted to house of correction may tion of either of the persons mentioned in the third section, shall Ie transferred to have power to order the transfer of any child committed to the house for juvenile -offeders. colmmon jail, or the house of correction, and inmates of the same, Ibid. (~6. 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 bran cfor 7. The city of Boston is authorized to establish, in any females.osy be es-.. tablished. buildinog or buildings, or part of any building used by said city 1843, c. 22, ~ 1. 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. Appeal from judg- 8. Any party aggrieved by the sentence of the police court,2 ment of the police court, under the or any justice thereof, passed pursuant to the second section, may second section, to appeal from such sentence to the next municipal court' in the said th1e municipal tce munil city, whose judgment shall be final, as in other cases of appeals 1829, c. 8. 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 justices of the police court,2 by whom the sentence is passed, to enter and prosecute such appeal, and in the meantime to keep the peace, and be of good behavior. Children leading 9. The municipal' or police court2 of said city, upon the an idle or dissolute lifed, &c.,ays be complaint, under oath, of the mayor or any alderman thereof, sentenced to house o o f any of the directors of the house'of industry, or of the said of reformation. 1847, c. 208, ~. house of reformation and employment, or of the overseers of the poor of said city, that any minor, under the age of sixteen years, 1 The sections of the act referred to (stat. 1793, c. 59), were repealed by the rev. stats. c. 180, and these were repealed by the Gen. Stats. c. 111. For the authority of overseers of the poor to bind out children, &c., see "Overseers of the Poor " and" Paupers," post. 2 Now the municipal court. 3 Now the superior court for the transaction of criminal business. HOUSE OF REFORMATION. 411 lives an idle and dissolute life, and that his parents are dead, or, 1847. c. 208, ~. if living, do from vice, or any other cause, neglect to provide suitable employment for, or to exercise salutary control over, such See 18;6 c. 283. minor, shall have power, upon conviction thereof, to sentence such 1867 c. 2 minor to such house of reformation and employment, to be kept and governed according to law. 10. By an act passed May 9, 1865, it is provided that in the Directors for publie institutions may county of Suffolk, the board of directors for public institutions discharge inmates. shall have like authority with the county commissioners of other 1865,. 208, ~ 4 counties to discharge persons fiom the house of employment and reformation for juvenile offenders, established in the city of Boston. ORDINANCE.1 SECTION 1. The directors of the house of Directorsof house of industry apindustry are hereby appointed directors of the pointed dcretors o house of reformahouse of reformation, with authority to take such tion. House ofeformation united steps as may be necessary to unite the same with itllBoylston the Boylston Asylum, now under their charge, Jue 28 1841. and henceforward to use the building for the new institution, which shall be called the Boylston School and House of Reformation,2 but shall be a part of the house of industry; and it is hereby declared to be also the institution for the reception, instruction, employment, and reformation of juvenile offenders, under the act passed March 4, 1826. 1 Orders relating to the house of reformation, passed June 28, 1841, and an ordinance passed June 5, 1861. 2 The house of reformation was originally established in 1826, in a portion of the building in South Boston then occupied as a house of correction. In 1836 a separate building was erected, not far from the house of correction, for the inmates, where they remained until July 1, 1858, when they were transferred to Deer Island, excepting those who were supported from the Boylston Fund, and who were under the management of the overseers of the poor, in accordance with the act of 1802, c. 44, by which act the said overseers, with others, were incorporated as a body politic to hold and dispose of "the bequests, devises, and donations made and granted by John Boylston." See " Overseers of the Poor," post The house of reformation was under the care of the directors of the house of industry until 1833, when a separate board was chosen. In 1841 a committee was appointed, of which 412 HOUSE OF REFORMATION. ights and powers SECT. 2. The said directors shall have all the of directors. June 28,1841. rights and powers of the directors of the house of reformation, as to all children who have been heretofore indentured from the said house, and as to protecting their rights and superintending the welfare of said children, and enforcing the provisions of said indentures. A branch for SECT. 3. Agreeably to section one, chapter females estabJnlished1. twenty-two, of the acts of eighteen hundred and forty-three,' a separate branch of the house of reformation for females is hereby established in the building at Deer Island, now used as a house of industry and for other purposes, and the board of directors for public institutions are hereby authorized and empowered to provide accommodations for, and to make all needful and proper regulations concerning, the same, subject to the approval of the city council.2 Mr. Chapman, 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, as above. See " City Documents " of 1841, Nos. 6 and 14. See, also, "City Records," vol. iv. pp. 24, 46, 52, 112 (b), 148, 149, 200, 223, 333; vol. x. pp. 145, 147, 480; vol. xi. pp. 127, 149, 250, 324; vol. xii. p. 283; vol. xix. p. 167. 1 See the act, ante, p. 410. 2 An ordinance passed May 9, 1860, providing for a branch for girls in the house of reformation, was repealed June 5, 1861. By the acts of 1850, c. 294; 1852, c. 283; 1853, c. 343; and 1854, c. 88, the justices of the police court in Boston, were authorized to send truant children to the hl.use of reformation; and the like authority is given in the Gen. Stats. c, 42, ~~ 4, 8. See " Schools," post. INTELLIGENCE OFFICES. 413 INTELLIGENCE OFFICES. STATUTES. 2. Hours during which offices may 1. No person shall establish or keep be kept open. an intelligence office, without 3. Signs to be put up. a license, under a penalty. 4. Records to be kept. Open to 2. Board of aldermen may grant inspection of mayor, alderand revoke licenses for estab- men, &c. lishing and keeping intel- 5. Fees receivable. ~When to be ligence offices. refunded. 6. License may be revoked. RULES AND REGULATIONS. 1. Application for license, how made. STATUTES. 1. Whoever, without a license therefor, establishes or keeps Intelligence office, pen alty fbr keepin g an intelligence office for the purpose of obtaining or giving infor- withoutlicene. mation concerning places of employment for domestics, servants, G S. 88, ~23. or other laborers, except seamen, or for the purpose of procuring or giving information concerning such persons for, or to, employers, shall pay a fine of ten dollars for each day such office is so kept. 2. The mayor and aldermen, or selectmen, of any city or town Aldermen, &c., may, for the purposes mentioned in the preceding section, grant my license, &c. Ibid. ~ 24. licenses to suitable persons for the term of one year, and may revoke the same at pleasure. They shall receive one dollar for each license so granted. RULES AND REGULATIONS.1 SECTION 1. All persons making applications Applications for license, how made. for licenses shall state in their petitions the place Aug., 183. which they propose to occupy; and no person licensed shall occupy any other place, without leave first obtained of the board of aldermen. SECT. 2. The intelligence offices may be kept ours offices may be kept open. open for business between the hours of eight Ibid.e o'clock in the morning and eight o'clock in the evening, Sundays excepted, and at no other hours. 1 Rules and regulations passed by board of aldermen, August 3, 1863. Amended September 26, 1864, and September 4, 1866. 35* 414 INTELLIGENCE OFFICES. Signs to be put up. SECT. 3. All persons, licensed as aforesaid, Aug. 3, 1863. shall place in some conspicuous place on the premises occupied by them, a sign, with their names, and the word "licensed," thereon; and shall produce their license on the demand of any person doing business with them. ecords to be ket. SECT. 4. They shall keep a book, in which Ibid. shall be entered, at the time of application, the name and residence of any person who may apply for employment, and the name and residence of any person who may make application to be supplied with male or female domestics, servants, clerks, or other laborers, and also any and all sums of money which may be received of any persons for such services; and such books shall at all times be open to the inspection of the mayor, or either of the aldermen, or any person by them authorized. Fees. SECT. 5. Every licensed keeper of an intelSept. 26, 1864. Sept. 4,1868. ligence office shall be entitled to receive of each female, at the time of application for a place, a sum not exceeding fifty cents, and of each male, who may make such application, a sum not exceeding one dollar; and of each person making application for a female servant, a sumi not exceeding fifty cents, and for a male servant a sum not exceeding one dollar, for which a receipt shall be given at the time; and in case no servant, or place of employment, is obtained within six days from the date of payment, the money shall be refunded, except as follows: If any servant be sent to a situation, and make an engagement, JURIES. 415 and go to work, and for any reason does not Sept. 2,1864. Sept. 4,1866. remain at the place, neither party shall be entitled to have the pay returned. SECT. 6. Any person licensed to keep an License may be revoked. intelligence office, who violates any of the pro- Aug. 3,1863. visions of the preceding sections, or any other rules and regulations that may be hereafter passed by the board of aldermen, shall be liable to have his license revoked; provided, howuever, that any license may at any time be revoked for any cause, other than those above specified. JURIES. STATUTES. Drawing and Summoning Jurors. Qualification and Exemtption. 13. Jurors selected by drawing 1. Qualification of jurors. names. 14. Names, when and how to be 2. Persons absolutely exempt. 3. To serve but once in three years., ra n. 15. Date of each draft to be indorsed 4. Jurors before justice of peace on ballot and police courts, when exand pi, 16. M:[eetings for drawing jurors, emrpt, &c. empt, &c. when held. Jury List and Box. 17. Summoning jurors and return5. Selectmen to prepare lists of ig venl6e. persons qualified. Special Provisions for Cities. 6. List to be posted up and ap-.. 6. Li-st to be posted ulp aind ap- 18. Lists, how made, &c., in cities. proved or altered by town. 19. Drawing juries, &c., in cities. 7. Nanmes to be put into a box. 20. When interest not to disqualify. 8. Name of person convicted, &c., to be withdrawn. Grand Juries. Venziresfor Jurors. 21. Grand jury in Suffolk, when drawn, &c. 9. Clerks to issue writs of venireoned, 22. How drawn, summoned, &c. facicas. 23. Deficiency in grand jury. 10. Jurors to be apportioned. 11. Venires, how served Penalties, &c. 12. Additional venires may be is- 24. Fines on jurors neglecting to sued in term time. attend. 416 JURIES. 25. Fines on officers and others for 28. Special juries not affected by neglect. this chapter. 26. Same, in cases of highways, 29. Warrant for jury, &c., in cases mills, &c. of highways. 27. Punishment for fraud in draw- 30. Jury, how and when suming jurors. moned. QUALIFICATION AND EXEMPTION. Qualifications of 1. All persons who are qualified to vote in the choice of repre-.jurors., ~ 1. sentatives in the general court shall be liable to be drawn and 9 Mass. 107. serve as jurors, except as is hereinafter provided. Persons absolutely 2. The following persons shall be exempt fiom serving as exempt. ibid. ~2. jurors, to wit: 1864, c. 2165 The governor, lieutenant-governor, members of the council, 16 Pick. 153. 20 Pick. 1. secretary of the commonwealth, members and officers of the senate and house of representatives during the session of the general court, judges and justices of any court (except justices of the peace). county and special commissioners, clerks of courts, registers of probate and insolvency, registers of deeds, sheriffs and their deputies, coroners, constables, marshals of the United States and their deputies, and all other officers of the United States, counsellors and attorneys at law, settled ministers of the gospel, officers of colleges, preceptors and teachers of incorporated academies, practising physicians and surgeons regularly licensed, cashiers of incorporated banks, the superintendents, officers, and assistants employed in or about either of the State hospitals, State almshouses, jails, lunatic hospitals, houses of correction, houses of industry, reform schools, or the State prison, keepers of lighthouses, conductors and engine drivers of railroad trains, teachers in public schools, constant ferrymen, persons who are more than sixty-five years old, members of the volunteer militia, members of the ancient and honorable artillery company, and enginemen and members of the fire department of the city of Boston; and enginemen and members of the fire department of other places may be exempt by the vote of the city council of the city or the inhabitants of the town. To serve but once 3. No person shall be liable to be drawn and serve as a juror bin. tryears. in any court oftener than once in three years, except as provided 16 Mass. 220. in the two following sections, but he shall not be so exempt unless 8 Pick. 5 4. 14 Pick. 196. he actually attends and serves as a juror in pursuance of the draft. Jurors before 4. No person shall be exempt from serving on a jury in any justices of peace other court, in consequence of his having served before a justice and police courts, when exempt, &c. of the peace or police court. No person shall be compelled to Ibid. ~. serve as a juror before any justice of the peace, or police court, JURIES. 417 more than twenty-four days in any one year, nor more than four- G. S. 132, ~. teen days at any one time, except to finish a case commenced within that time. JURY LIST AND BOX. 5. The selectmen of each town shall, once in every year, pre- Selectmen to pare a list of such inhabitants of the town not absolutely exempt, personee listsof as they think well qualified to serve as jurors, being persons of bid. ~6, 7 Met. 326. good moral character, of sound judgment, and free from all legal exceptions; which list shall include not less than one for every one hundred inhabitants of the town, and not more than one for every sixty inhabitants, computing by the then last census, except that in the county of Dukes County it may include one for every thirty inhabitants. 6. The list when so prepared shall be posted up by the Listto be posted up selectmen in public places in the town, ten days at least before and approvet or altered by town. it is submitted for revision and acceptance, and shall then be Ibid. ~7. 7 Met. 32(i. laid before the town; and the town may alter it by adding the names of any persons liable to serve, or striking any names therefrom.1 7. The selectmen shall cause the names borne on the list to Names to be put into a box. be written, each on a separate paper or ballot, and shall roll up or Ibid. ~b. fold the ballots so as to resemble each other as much as possible, and so that the name written thereon shall not be visible on the outside; and they shall place the ballots in a box to be kept by the town clerk for that purpose. 8. If any person whose name is so placed in the jury box is'Name of person convicted of any scandalous crime, or is guilty of any gross convicted of any scandalous crime, immorality, his name shall be withdrawn therefrom by the select- &., to be withdrawn, &c. men, and he shall not be returned to serve as a juror. Ibid. ~ 9. VENIRES FOR JURORS. 9. The clerks of the supreme judicial and superior courts, in Clerks to issue due season before each term (except the terms of the superior rtsof c nre. court in the county of Suffolk for criminal business, commencing Ibid. ~10. at other times than in January, April, July, and October), and at See ~~2122 such other times as the respective courts may order, shall issue writs of venire facias for jurors, and shall therein require the attendance of the jurors on such day of the term as the court may order. The jurors returned for the superior court for criminal business in the county of Suffolk shall serve three terms. 10. The clerks in issuing the venires shall require from each Jurors to be apportioned. town and city a number of jurors as nearly as may be in propor- Iid. ~. 1 See special provisions for cities in ~~ 18, 19, 20. 418 JURIES. G. s.132. ~11. tion to their respective number of inhabitants, so as to equalize, as far as possible, the duty of serving as jurors. Venires. how 11. The venires shall be delivered to the sheriff of the county, served. Ibid.~12. and by himtransmitted to a constable in each of the towns and cities to which they are respectively issued, and they shall be served by the constable, without delay, on the selectmen and town clerk. Additional venires 12. Nothing contained in the preceding sections shall prevent may be issued in term time.1 alny court from issuing venires for additional jurors in term time Ibid. ~ 13. whenever it is necessary for the convenient despatch of their business; in which case the venires shall be served and returned, and the jurors required to attend, on such days as the court shall direct. DRAWING AND SUMMONING JURORS. Jurors selected by 13. All jurors, whether required to serve on a grand or traverse drbind. ~1nae. jury, by force of the laws relating to highways or mills, or on any other occasion (except inquests and proceedings relating to the commitment of insane persons), shall be selected by drawing ballots from the jury box, and the persons whose names are borne on the ballots so drawn shall be returned to serve as jurors. Names, when and 14. When jurors are to be so drawn, the town clerk and selecthw to be drawn. men shall attend at the clerk's office, or some other public place appointed for the purpose, and if the clerk is absent, the selectmen may proceed without him. The ballots in the jury box shall be shaken and mixed together, and one of the selectmen, without seeing the names written thereon, shall openly draw therefrom a number of ballots equal to the number of jurors required. If a person so drawn is exempt by law, or is unable by reason of sickness or absence from home to attend as a juror, or if he has served as a juror in any court within three years then next preceding, his name shall be returned into the box and another drawn in his stead. Date of each draft 15. When a person is drawn and returned to serve as a juror to be indorsed on ballot. in any court, the selectmen shall indorse on the ballot the date of Ibid. ~17. the draft and return it into the box, and whenever there is a revision and renewal of the ballots in the box, the selectmen shall transfer to the new ballots the date of all the drafts made within three years then next preceding. Meetings for 16. The meeting for drawing jurors, whether the draft is made rawlng jros, in town meeting or before the selectmen and town clerk only, when held. - Ibid. ~ 18. shall be held not less than seven, nor more than twenty-one days before the day when the jurors are required to attend. summnoningjurors 17. The constable shall, four days at least before the time andlrturnilg when the jurors are required to attend, summon each person who JURIES. 419 is drawn, by reading to him the venire, with the indorsement G.s.132,~20. thereon, of his having been drawn, or by leaving at his place of3 et. 3 2. abode a written notification of his having been drawn and of the time and place of the sitting of the court at which he is to attend, and shall make a return of the venire, with his doings thereon, to the clerk, before the opening of the court from which it was issued. SPECIAL PROVISIONS FOR CITIES. 18. The list of jurors in cities shall be prepared and posted Lists, how made, therein by the mayor and aldermen in like manner as required of &Ci.in cities. Ibid. ~ 21. selectmen, and when posted for ten days shall be submitted to the see 7. common council, which shall have like power as towns to revise and accept the same. 19. The mayor and aldermen, and the clerks of each city, shall Drawingjurors, severally have and exercise all the powers and duties with regard b", ti8ities. to drawing, and all other matters relating to jurors therein, which are in this chapter required to be performed by the selectmen and town clerks in their respective towns, and all venires for jurors to be returned from cities shall be served on the mayor and aldermen. 20. In indictments and penal actions for the recovery of When interest not any sum of money, or other thing forfeited, it shall not be a todisqualify. cause of challenge to a juror that he is liable to pay taxes 5 ass. 90. in any county, city, or town which may be benefited by such 9 lict. 46. recovery. 1 Gray,472. See G. S. c. 122, ~1:. GRAND JURIES.1 21. The clerk of the superior court for criminal business. not Grand jurors in Suffblk, when less than seven, nor more than fourteen days before each term cor- drawn, &c. mencing on the first Mondays of January and July, shall issue G 171, ~ 2. In See 1860, c. 143. writs 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 Chelsea, North Chelsea, or Winthrop, who shall be held to serve for each term thereof for six months, and until another grand jury is empanelled in their stead. 22. Grand jurors shall be drawn, summoned, and returned in Ilow drawn, su..the same manner as jurors for trials; and when drawn at the monbd, &. Ibid. ~ 3. same time with jurors for trials, the persons whose names are first drawn, to the number required, shall be returned as grand jurors, and those afterwards drawn shall be jurors for trials. 1 The act of 1860, c. 143, provided that Gen. Stats. c. 171, ~ 2 (in the text, ~ 21), should apply exclusively to the county of Suffolk. 420 JURIES. Deficiencyingrand 23. In case of deficiency of grand jurors in any court, writs of jury. G.. 171, ~. venire facias may be issued to the constables of such cities or towns as the court may direct, to return forthwith such further number of grand jurors as may be required. PENALTIES, ETC. Fines on jurors 24. If a person duly drawn and summoned to attend as a eglecting to juror in any court neglects to attend without sufficient excuse, he G. S. 32, ~36. shall pay a fine not exceeding forty dollars, which shall be imposed by the court to which the juror was summoned, and shall be paid into the county treasury. Fines on officers 25. When, by neglect of any of the duties required in this lot.ers for n- chapter to be performed by any of the officers or persons herein Ilbid. ~3. lmentioned, the jurors to be returned from any place are not duly drawn and summoned to attend the court, every, person guilty of such neglect shall pay a fine not exceeding twenty dollars, to be imposed by the same court to the use of the county in which the offence is committed. Saie, in cases of 26. If such neglect occurs with regard to jurors required to tighways, mills, serve on any other occasion than in the supreme judicial court, Ibid. ~38. the superior court, or before any justice of the peace or police court, the sheriff, or other officer before whom the jurors were required to appear, shall make known the fact to the superior court, next to be held in the same county, and the court, after due examination and a hearing of the parties who are charged, shall impose the fine. Punishment for 27. If any city or town clerk, selectman, mayor, or alderman, fraud in drawing jurors. s ^ 1" is guilty ot fraud, either by practising on the jury box previously to Ibid. ~39. a draft, or in drawing a juror, or in returning into the box the name of any juror which had been lawfully drawn out, and drawing or substituting another in his stead, or in any other way in the drawing of jurors, he shall be punished by a fine not exceeding five hundred dollars. Specialjuries not 28. Nothing contained in the foregoing sections shall affect bid. ~ 40. the power and duty of coroners or magistrates to summon and empanel jurors when authorized by other provisions of law. Warrant for jury, 29. It is provided by the General Statutes that juries for the., in haes of assessment of damages in the laying out, altering, &c., of highlighways.,*, 7 G. S. 43,~27; 44, ways, shall be summoned by a warrant directed to the sheriff of ~~ 19, 20. 11 Pick. 269. the county, or his deputy, who is disinterested, or to a coroner, as 3 Cush. 9. the commissioners shall order, requiring him to summon a jury of 4 Cush. 291, twelve men to hear and determine the matter of complaint set forth in the petition, and to decide all such matters as shall legally come before them on the hearing. LAMPS. 421 30. The officer who receives the warrant shall, in writing, Jury, how and require of the selectmen of the three nearest towns not interested hen 43 28;s 44, in the question, if there be so many in the county, to return a 190,20. 13 Met. 316. number ofjurors, not less than two, nor more than six, from any 4 ush. 291. one town, unless in case of necessity; and the jurors shall be drawn, summoned, and returned as in other cases, except that the jurors need not be summoned more than twenty-four hours before the time appointed for their attendance.' LAMPS. STATUTES. ORDINANCE. 1. Board of aldermen empowered 1. Superintendent of lamps, how to set up lamps, and make appointed. rules respecting the same. 2. Duties of superintdedent; shall 2. Penalties for wilfully breaking report to city council annually. or injuring the same, &c. 3. The superintendent shall give a 3. Penalty for the same under the bond for the faithful performGeneral Statutes. ance of duties, &c. STATUTES. 1. It shall be lawful for the mayor and aldermen of the city Board of aldermen of Boston for the time being, to cause to be set up and affixed empowered to set up lamps, and such and so many lamps in the streets and other places in the said make rules respecting the same. city, for-the purpose of lighting the same, as they may determine 82s, c. 3, ~1. to be convenient and necessary. And the said mayor and alder- see p5, ~ 33, a1te men 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. 2. Whoever shall wilfully, maliciously, carelessly, or wan- penalties for wiltonly break, throw down, extinguish, or otherwise injure any of fully brakigoalle the said lamps, or the posts, irons, or other furniture to the same &c. belonging, shall, upon conviction thereof, forfeit and pay a sum 182,. 3,~ 2. not less than ten dollars, nor more than thirty dollars, for each lamp so broken or injured, 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 inure, the one 1 For statutes relating to special juries, see Gen. Stats. c. 64, ~ 4; c. 73, ~~ 11, 12; c. 74, ~ 5; c. 87, ~ 2; c. 88, ~ 36; c. 120, ~~ 17, 18; c. 149, ~ 13. A county is not chargeable as trustee, in foreign attachment, for compensation due to a juror and ordered to be paid from the county treasury, 9 Allen, 510. 36 422 LAMPS. 1825, c.3, ~2. moiety thereof to the use of the commonwealth, and the other moiety to the use of the person who shall prosecute for the same.l Penalty for the 3. Whoever wilfully or maliciously extinguishes any lamp, or same, under the GeneralStatutes. breaks, destroys, or removes ary lamp, or any lamp-post, or G. s. 161, ~3. railing or posts, erected on any bridge, sidewalk, street, highway, court, or passage, shall be punished by imprisonment in the jail not exceeding six months, or by fine not exceeding fifty dollars. ORDINANCE.2 Superintendent to SECTION 1. On the first Monday of February, lamps, how appointed. annually, or within sixty cays thereafter, the Oct. 26, 1869. mayor shall appoint, subject to the confirmation of the board of aldermen, a superintendent of lamps, who shall hold his office for one year, from the first Monday of April, in the year in which he is appointed, and until his successor is chosen and qualified, or he is removed. He may be removed at the pleasure of the mayor, and a vacancy may be filled at any time for the unexpired term. He shall receive such compensation for his services as the city council may from time to time determine. Dutiesof superin- SECT. 2. The superintendent of lamps shall tendent. Shall report to city council perform such services in connection with the annually. Ibid. lamp department as the mayor, or the board of aldermen, or any committee thereof, or the city council by ordinance, may direct. On or before the tenth day of January, annually, he shall make 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 third section of stat. 1825, c. 3, repealed an old act passed June 29, 1773; see "Special Laws," vol. iii., " Appendix," p. 27. 2 An ordinance to establish the office of superintendent of lamps, passed October 26, 1869 LANDS. 423 a report to the city council, containing a general Oct.26,1869. statement of the expenses of his department during the preceding year, a particular statement of the property under his charge belonging to the city, and such other information as he may deem proper. SECT. 3. The said superintendent of lamps Thesuperintendent shall give a shall give a bond, in the penal sum of five thou- bond for faithful discharge of duties, sand dollars, with one or more sureties satisfac- ~. tory to the board of aldermen, with condition that he shall faithfully perform all the duties of his office, and that he will not, either directly or indirectly, for himself or others, or by others in trust for him, or on his account, have any interest or concern in any purchase, lease, contract, or agreement connected with the lamp department. LANDS. ORDINANCE. 9. Contracts and deeds to be signed 1. Committee appointed. by mayor. Plans. 2. To have charge of public lands. 10. Superintendent to make quar3. To lay out streets and construct terly reports. sewers therein. 11. To keep records of vacant lands. 4. Superintendent chosen. How 12. Bonds, notes, &c., to be lodged removable. with city treasurer. 5. To give bonds. 13. Releases maybe madeby mayor. 6. To have oversight of public lands 14. No expenditures to be made and prepare them for sale. without an appropriation. Exception. 15. Committee not to be interested 7. To defray expenses in certain in contracts. cases. 16. Majority of committee to form 8. To act as secretary of commit- quorum. tee. 17. Repeal of former ordinances. 424 LANDS. ORDINANCE.1 ommittee on pub- SECTION 1. In the month of January of each lic lands. May 3,1864. year, there shall be appointed a joint committee of the city council, to be called the committee on public lands, consisting of such numbers from each board as the city council may from time to time order. To have charge of`SECT. 2. The committee shall have the care city lands. Ibid. and management of the public lands belonging to the city, so far as relates to the improvement, sale, and disposal of the same, subject to the approval of the mayor, and subject also 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. To lay out streets SECT. 3. The said committee are authorized and construct sewers. to lay out and make such streets, passageways, and squares, on the public lands, to lay such sewers therein, and to make such alterations in the lots, as they may deem expedient, subject to the approval of the board of aldermen. Superintendent of SECT. 4. There shall be elected annually, on public lands, how chosen. the first Monday in February, or within sixty Ibid. days thereafter, and whenever a vacancy occurs, by concurrent vote of the two branches of the city council, a superintendent of public lands, who shall hold his office for one year, from the first Monday in April in the year in which he is 1 An ordinance in relation to the public lands, passed May 3, 1864. LANDS. 425 elected, and until a successor is elected or he May 3,1864. is removed. He may be removed at the pleasure of the city council, and shall receive such cornpensation as the said council may from time to time determine. SECT. 5. The superintendent, before entering Superintendentto give bonds. on the duties of his office, shall give bond, with lbid. one or more sureties, to the approbation of the board of aldermen, with condition that he will not, while holding said office, directly or indirectly, for himself or others, or by others in trust for him, or on his account, have any interest or concern in any purchase, lease, contract, or agreement made in pursuance of this ordinance. SECT. 6. The superintendent shall devote Superintendentto have oversight of himself to the care, improvement, and sale of the publiclandsand In~~~~ ~~prepare them for public lands, and, under the direction of the said e Exceptions. committee, shall cause them to be surveyed and laid out into convenient lots, and contract for the sale thereof, and sell or lease the same, at public or private sale. But this and the second and third sections shall not apply to the common, the public garden, the public squares, 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. SECT. 7. The superintendent may, under the Superintendentto defray expenses in direction of the said committee, contract and certain caes. Ibid, agree for defraying, in part or in whole, the cost or expense incident to, or arising out of, the 36* 426 LANDS. May 3,1864. 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. Superintendentto SECT. 8. The superintendent shall at all times act as secretary of committee. perform such services as may be required of him by the city council, the committee on public lands, or the committee on public buildings, and shall act as secretary to the committee on public lands. contracts and SECT. 9. All contracts, deeds, conveyances, deeds to be signed by mayor and coun- and leases, made by virtue of this ordinance, shall tersigned by supt. Plans filed in regis- be signed by the mayor, in the same manner as if try of deeds. Ibid. the same were made by order of the city council, and shall be countersigned by the said superintendent; and whenever any deed or conveyance of any of the public lands of the city is made, containing a reference to any plan belonging to the city, the said superintendent shall file a copy of said plan in the proper registry of deeds, unless a copy thereof may have been previously filed there. Superintendent to SECT. 10. The superintendent shall, at least report quarterly to city council once in three months, and as often as required, Ibid. make a true 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 board of aldermen, who shall send them to the common council. Superintendent to SECT. 11. The superintendent shall keep an keep record of vacant city lands, accurate record or account of all the vacant lands Ibid. LANDS. 427 belonging to the city; and whenever any such Iay 3,1864. lands are purchased by the city for any purpose, the person or persons so purchasing the same shall make report thereof forthwith to the said superintendent. SECT. 12. All money paid by any purchaser Bonds, notes, and money from sales of or lessee of the public lands, and all notes, bonds, lands tobelodged with treasurer. mortgages, and securities for moneys arising or Ibid. accruing from, or by virtue of, any contract made by said superintendent under this ordinance, shall be paid to, or deposited with, the treasurer. SECT. 13. No conveyance of any estate in fee Releasesmay be made by mayor. or for life, in any lands belonging to the city, Ibid. shall be delivered until the purchase-money is paid; but the mayor may, from time to time, release to any purchaser or his assigns, any one lot of land, when several lots are included in one contract or bond, on payment of an equivalent portion of the purchase-money. SECT. 14. No expenditure of money, or con- No expenditures made without aptract requiring the expenditure of money, shall propration. be made, under or by virtue of this ordinance, without the sanction of the city council, by an appropriation first made to meet such expenditure. SECT. 15. No member of the committee on Committee notto be interested in public lands shall be interested, directly or any contract, &c. Ibid. indirectly, in any contract, bargain, sale, or agreement in relation to the public lands, or any matter or thing connected therewith, wherein the city is 428 LEATHER. May 3,1864. 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 at all times voidable by the city.1 Majority of com- SECT. 16. The committee on public lands shall mittee to form quorum forbusiness. be competent to do or perform any act authorized Ibid. by this ordinance, or which may hereafter be authorized, at any meeting duly notified, when a majority of the members of the committee are present, but not otherwise. Repeal offormer SECT. 17. All ordinances and parts of ordiordinance. Ibid. nances inconsistent herewith are hereby repealed; but such repeal shall not be construed to revive any ordinance whatever. LEATHER. STATUTES. 4. Measurement may-be waived. 1. Deputy inspectors of sole leather 5. Measurers may act in other to be appointed, and to give places than the one for which bond. they are appointed. 2. Measurers of upper leather to be 6. Fees of measurer and how appointed by mayor and paid. aldermen. 7. Penalty for counterfeiting, &c., 3. To attend to measuring and seal- measurer's marks. ing upper leather. STATUTES. Inspector-general 1. The inspector-general of leather shall appoint one or more shall appoint deputy inectors, deputy inspectors in any place upon the application of the mayor &c.. and aldermen or selectmen, shall be answerable for their doings, G. S. 49, ~~ 103, 104. 1 For provisions in relation to agreements and purchases made by city officers, &c., see " Contracts with City Officers," ante, p. 136. LEATHER. 429 and shall take a bond, with sufficient sureties from each of them, G. S. 49, ~~ 103, 104. to himself and his successors in office, in a penal sum not exceeding three hundred dollars. 2. The mayor and aldermen or selectmen of any place, when Appointment of measurers of upper thereto requested by two or more citizens thereof, shall annually, leatuer. in April, appoint one or more persons as measurers of upper Ibid ~112. leather, who shall be sworn. 3. Each measurer shall furnish himself with proper racks or Duty of measurers. Ibid. ~ 113. measures, and suitable seals; shall, when requested, go to any place within the city or town for which he is appointed measurer, and there ascertain the number of square feet in each side 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 a measurer of some place in this State, or by some person lawfully appointed for that purpose in another of the United States; and shall seal the same, impressing thereon his name and the name of the place for which he is a measurer, at full length, and the measure thereof in square feet, as low as a quarter. No such upper leather, except what has Upper leather must be measured. been previously measured and sealed by one of the measurers of 1866,,. 23(, ~3. this State, or by some measurer lawfully appointed for that purpose in some other of the United States, shall be sold for any purpose whatsoever, until it has been measured and sealed; and whoever sells such upper leather not measured and sealed as aforesaid shall forfeit one dollar for each side of leather so sold; and such forfeiture may, in addition to the methods now provided, be recovered by an action at law in favor of any person injured by the sale of such leather not so measured and sealed. 4. The buyer and manufacturer of leather may, by agreement M.easurement may waive inspection, measurement and sealing of leather, as provided bi avd. -, Ibid. ~ 4. in this,act. 5. Each measurer who is appointed a measurer of upper Duly appointed leather for one place in a county, may, upon application made to him, imeasurerlmay act in other counties. measure and seal leather in any other place of the same county, Ibid. ~2. when there is no measurer in such other place; and he shall, upon the like application, measure and seal leather in any place of an adjoining county, when there is no measurer appointed in such adjoining county. 6. Every measurer shall be paid for measuring and sealing Fees. each side of upper leather the sum of one cent, which shall be G.S.49,~ 114. paid by the person who requests him to measure and seal the same. 7. Whoever counterfeits, wilfully alters, or defaces, such marks Penalty for counon any side of upper leather so measured, shall for each offence t&feiting' ks, forfeit the sum of twenty-five dollars.' Ibid. ~115. 1 For general provisions relating to the inspection, &c., of leather, see Gen. Stats. c. 49, ~~ 103,117. 430 LIBRARY. LIBRARY.1 STATUTES. 4. Trustees shall report annually to 1. Cities, &c., may establish pub- the city council. lie libraries. 5. Trustees shall appoint a superin2. May make appropriations, and tendent. May also appoint receive bequests and dona- assistants and subordinate tions. officers. 3. Penalty for wilfully injuring 6. Appointment of an examining books, &c. committee. 4. City of Boston authorized to 7. No payment of money to be made found and maintain a public except by order of trustees. library. Proviso. 8. Superintendent to notify committee on public buildings ORDINANCE. when repairs are needed. 1. Board of trustees of the public 9. Donations to library to be aclibrary, how chosen. Tenure knowledged. of office, &c. 10. Trustees to prescribe use of 2. Organization of the board of books. trustees 11. Trustees may establish branch 3 Trustees shall have the general libraries. care and control of the library. 12. Repeal of former ordinances, STATUTES. Towns and cities. Each town and city may establish and maintain a public may establish libraries. library therein, with or without branches, for the use of the inhabG.S.33, ~8. itants thereof, and provide suitable rooms therefor, under such regulations for its government as may from time to time be prescribed by the inhabitants of the town, or the city council. Towns may erect 2. Any town may, at a legal meeting, grant and vote money buildings. i, c. 222,di. for the establishment, maintenance, or increase of a public library Allen16. therein, and for erecting or providing suitable buildings or rooms therefor; and may receive, hold and manage any devise, bequest or donation for the establishment, increase or maintenance of any such library.2 Penalty for injury 3. Whoever wilfully and maliciously writes upon, injures, to books. 1867, e. 69, 1. efaces, tears or destroys any book, plate, picture, engraving or 1 For a historical sketch of the establishment of the Boston public library see edition of laws and ordinances, 1863, page 393. See, also, "Proceedings at the Dedication of the Building for the Public Library," 1858, and " Bates Memorial," 1864. 2 This statute repealed sect. 9, c. 33, G. S. By statutes of 1869, chap. 250, moneys received fr dog licenses may be appropriated by towns to the support of schools or public libraries. In the county of Suffolk, such sums shall be used for schools. See " Dogs," ante. LIBRARY. 431 statue belonging to any law, town, city, or other public library, 1807, c. 69, ~. shall be punished by a fine of not less than five dollars, nor more than one thousand dollars, for every such offence. 4. The city of Boston is hereby authorized to found and main- city of Boston authorized to found tain a public library, and to make such expenditures, establish and maintain a such regulations, fix such penalties for the breach thereof, and do public lbrary. 1853, C. 38. all such acts and things as may be deemed necessary or proper to that end; and the powers hereinbefore named may be exercised by the city council of the said city, in any manner which they may prescribe, and by the agency of any persons to whom they may delegate the same; provided, however, that the expenditures Proviso. Ibid. hereinbefore mentioned shall not exceed the sum of one hundred and fifty thousand dollars, within four years from the first day of January, in the year eighteen hundred and fifty-three. ORDINANCE.1 SECTION 1. In the month of January, in the Board oftrustees of the public year eighteen hundred and seventy, and annually irarye how chosen. Tenure afterwards in said month, the city council shall foff1, elect, by concurrent vote of the two branches, one member of the board of aldermen and two members of the common council, to be members of the board of trustees of the public library, to hold office during the remainder of the municipal year in which they are elected, and until others are elected in their places, unless they are sooner removed from office by the city council for cause. In the month of March or April, in the year eighteen hundred and seventy, and annually thereafter, in March or April, there shall be elected by concurrent vote of the two branches of the city council, two members of the board of trustees of the public library from the citizens at large, to hold their offices for three years from the first Monday in May in the year of their 1 An ordinance in relation to the public library, passed September 21, 1869. 432 LIBRARY. Sept. 21, 1869. election, and until others are elected in their places, unless they are sooner removed from office by the city council for cause. Whenever any vacancy occurs in said board of trustees by death, resignation, or otherwise, such vacancy shall be reported by the said board to the city council; and they shall proceed to fill the same by the election of another trustee in the manner aforesaid, who shall hold his office for the residue of the term for which such member, so deceased, resigned or removed, would have held the same. Organization of SECT. 2. The persons so chosen shall meet the board of trustees. and organize themselves into a board, by the choice of one of their number as president; and they may make such rules and regulations for their own government, and in relation to the officers appointed as hereinafter provided, as they may deem expedient, provided that they shall not be inconsistent with the provisions of this ordinance. Trustees shallhave SECT. 3. The trustees shall have the general the general care iband ctrolof care and control of the public library, together Ibid. with the interior of the building, its fixtures and furniture, and of the expenditure of all moneys appropriated therefor; and they may make such rules and regulations in relation to the same, and fix and enforce such penalties for their violation as they may deem expedient and proper, subject at all times to such limitations, restrictions and amendments as the city council may direct. Trustees shallre- SECT. 4. The trustees shall annually, in the port annually to the city council. month of May or June, present to the city counIbid, LIBRARY. 433 cil a report, made up to and including the thir- Sept. 21, 186. tieth day of the preceding April, containing a statement of the condition of the library, the number of books that have been added during the past year, with an account of all the receipts and expenditures, together with such information or suggestions as they may deem important; and they shall, at the same time, transmit to the city council the annual report of the committee for the examination of the library, hereinafter mentioned. SECT. 5. The board of trustees of the public Trustees shallappoint a superinlibrary shall, annually, as soon as may be after endent. the organization of the board, and whenever any vacancy exists, appoint a suitable person for superintendent of the public library, who shall hold his office for one year from the time of his appointment, and until some other person is appointed in his place. The superintendent may be removed at the pleasure of the trustees, and shall receive such compensation as the city council may from time to time determine; he shall be a citizen of Boston, and may reside therein, so much of the year as the trustees may direct. The miay apointassistants and snibordiboard may appoint such assistants and subor- nate officers. dinate officers as they may think necessary or expedient, and may remove the same, and shall fix their compensation; provided, that the amount thus paid shall not exceed, in the whole, the sum appropriated by the city council for that item of expense. SECT. 6. The trustees shall annually appoint Appointmentofn a committee of five citizens at large, who, to37 434 LIBRARY. examnling com- gether with a trustee as chairman, shall examine mittee. Sept. 21,1869. the library, and make a report of its condition to the trustees. No payment of SECT. 7. NO payment of money shall be made money to be made except by order of on account of the library, except by order of the trustees. Ibid. board, and in pursuance of a warrant signed by the president. upt. to notify con- SECT. S. Whenever there shall be occasion mittee on public buildings when re- for repairs or alterations in any part of the library pairs are needed. Ibid. building, the superintendent shall cause the same to be reported to the joint standing committee of the city council on public buildings. Donations to libra- SECT. 9. A letter of acknowledgment, signed ry to be acknowledged. by the president, and countersigned by the superIbid. intendent, shall be promptly sent to every person making a donation to the library. usteestopre- SECT. 10. In prescribing the regulations for cribe use of books. Ibid. the care and use of the books, the trustees shall adopt such measures as shall extend the benefits of the institution as widely as possible among the citizens and residents of Boston; and when, in their judgment, the public interests will be advanced, the trustees may grant, for a limited period, privileges in the library to other individuals. Trustees may es- SECT. 11. The trustees may, from time to tablish branch libraries whenappro- time, establish branch libraries of popular and priations are made by the city council. useful books and periodicals in sections of the city distant from the main collection, provided city distant from the main collection, provided LICENSED HOUSES. 435 the same be not established until the necessary sept. 21, 89. appropriations be duly voted by the city council, and the estimates for such appropriations be made a part of the annual estimates of the city auditor. They may provide suitable rooms for this purpose, appoint the necessary attendants, and establish regulations for the same. SECT. 12. An ordinance in relation to the Repealofformerordinances. public library, passed the twentieth day of Octo- Ibid. ber, in the year eighteen hundred and sixty-three, and the ordinance in relation to the election and residence of the superintendent and librarian, passed the eleventh day of July, in the year eighteen hundred and sixty-five, and all ordinances in addition thereto, and amendatory thereof, are hereby repealed; said repeal shall take effect on the first day of January, in the year eighteen hundred and seventy. LICENSED HOUSES. STATUTES. 6. Rights, &c., of common victualInnholders and Common Victual- lers. lers. 7. Innholders, &c., to put up signs. 1. Penalty on innholder without 8. Punishmentif fines are not paid. license. 9. On second conviction. 2. Aldermen, &c., may grant 10. On third conviction. licenses, specifying place, 11. Innholders, &c., not to give &c. credit to students, &c. 3. Licenses to expire on the first 12. Violating preceding section, &c. of April. 13. Penalty. 4. Innholders to entertain travel- 14. Board of aldermen not obliged lers, &c. to license. 5. Innholders, penalties on, for re- 15. Officer may enter premises. fusing, &c. 16. Same. 436 LICENSED HOUSES. STATUTES.1 Penalty on 1. Whoever presumes to be an innholder or common victualler, innholder, &C., without being licensed as such according to the provisions of without license. G. s. 88,~. chapter eighty-eight of the General Statutes, shall forfeit one 24 Pick. 852. 24 Pick. 32. hundred dollars. 6 Greenl. 412. Aldermen, &c., 2. The county commissioners may grant licenses to as many may grant iceses, speci- persons to be innholders or common victuallers in the several towns fying place. within their respective jurisdictions as they think the public good &c. G.. 8, ~ 2. requires; and the mayor and aldermen of the several cities may, in 3 tick. 281. like manner, grant licenses to innholders and common victuallers in their respective cities. Every such license shall specify the street, lane, alley, or other place, and the number of the building, or some other particular description thereof, where such person shall exercise his employment; and the license shall not protect a person exercising his employment in any other place than that specified in the license. Licenses to 3. Such licenses shall expire on the first day of April in each expire on dcrl ofP n first year; but a license maybe granted or renewed at any time during ibid. ~ 3. the preceding month of March, to take effect from said first day of April; and after that day they may be granted for the remainder of the year, when'the officers authorized to grant the same deem it expedient. Innholders to 4. Every innholder shall at all times be furnished with suitaentertain ble provision and lodging for strangers and travellers, and with travellers, &c. Zn &n Ibid. ~ 8. stable room, hay, and provender for their horses and cattle; and if he is not so provided, the county commissioners or mayor and aldermen by whom the same was granted may revoke his license. Penalties on 5. If an innholder, when requested, refuses to receive and make for refusig, suitable provisions for strangers and travellers and their horses Ibid. ~ 9. and cattle, he shall be punished by fine not exceeding fifty dollars, See 1865, c. 277. 1866, c. 252. and shall, by order of the court, be deprived of his license; and the 13 Allen, 247. court shall order the sheriff or his deputy, forthwith, to cause his sign to be taken down. Rights, &c., of 6. Every common victualler shall have the rights and privicommon.. ileges, and be subject to the duties and obligations of innholders,.. S.88,~13. except that he shall not be required to furnish lodging for travellers, nor stable room, hay, or provender for horses and cattle. Innholders, 7. Every innholder and common victualler shall at all times &g., to put up have a board or sign affixed to his house, shop, cellar, or store, signs. n Ibid. ~14. or in some conspicuous place near the same, with his name at 1 These provisions carry no authority to sell liquor, and are wholly independent of any license laws passed to authorize the sale of intoxicating liquors. LICENSED HOUSES. 437 large, and the employment for which he is licensed thereon, and G.. 88, ~ 14. upon neglect thereof shall forfeit twenty dollars. 8. Whoever is convicted under the preceding provisions, and Punishment if fines are not paid. fails to pay the fine and costs awarded against him, may be impris- Ibid. ~ 15. oned in the jail for a time not exceeding ninety days, at the discre- 23Pick. 280. tion of the court or justice before whom the trial is had. 9. Whoever, licensed under the preceding provisions, is On second convicconvicted a second time of a breach of any of said provisions, tion. shall, in addition to the penalties before provided, be adjudged to have forfeited his license. 10. Whoever is convicted a third time of a breach of any On thirdconviction. of the preceding provisions, shall, in addition to the penalties Ibid. ~17. before provided, be punished by imprisonment in the jail not exceeding ninety days. 11. No innholder, tavern-keeper, retailer, confectioner, or Innholders, &c., not to give credit to keeper of any shop or house for the sale of drink or food, or any students, &c. livery-stable keeper for horse or carriage hire, shall give credit Ibid. ~ 8. 1 Pick. 177. to any student in an incorporated academy or other educational institution within this State. 12. No person shall be approved or licensed for either of the Violating preceding section, &c. employmlents aforesaid, if it appears that he has given credit Ibctin &C contrary to the provisions of the preceding section. 13. Whoever gives credit contrary to the provisions of section Penalty. Ibid. ~ 20. eleven, shall forfeit a sum equal to twice the amount so unlawfully trusted or credited, whether the same is paid or not, 14. Nothing contained in chapter eighty-eight of the Gen- commissioners, eral Statutes shall be construed to require the county commis- & enotre.uiredto license. sioners or mayor and aldermen to grant either of the licenses No fee. aforesaid, when, in their opinion, the public good does not require ~ 1 it. And when such license is granted, no fee shall be charged therefor. 15. By the act of eighteen hundred and sixty-two, chapter Officers may enter two hundred and twenty-two, the provisions of the following buildings &.,to enforce laws. section are extended to all buildings or other places named in 1862,c. 222. any license granted to common victuallers. 16. Any marshal or his deputy, sheriff or his deputy, con- Same subject. stable, police officer, or watchman, may at any time enter into G, 88,,~72. any billiard-room, bowling-alley, or other room connected therewith, for the purpose of enforcing any law of the State; and whoever obstructs or hinders the entrance of such officer shall be punished by fine of not less than five, nor more than twenty dollars. 37* 438 LIME AND LIME CASKS. LIME AND LIME CASKS. STATUTES. 5. Maine lime, how packed, &c. 1. Inspectors of lime maybe chosen. 6. Penalty for selling lime in other 2. Casks of lime shall be branded. casks. 3. Fees of inspectors, and how paid. 7. Forfeiture of lime, when, &c. 4. Stone lime not to be sold, &c., 8. Penalty for shifting contents of unless well burnt and packed, casks. &c. STATUTES. Inspectors of lime 1. Each city and town in which lime is manufactured, or into may be chosen; to which it is imported, may, annually, choose one or more inbe sworn. G. S.49, ~118. spectors of lime, who shall be sworn, and shall inspect all lime manufactured in such place at the time when it is filled at the kiln, and all lime imported or sold therein. Casks of lime how 2. Every cask of lime so inspected shall be branded with the Ibid. ~ 119. word inspected, with the first letter of the christian name, and the whole of the surname, of the inspector, and with the name of the place where it is manufactured. Fees. 3. The inspectors shall receive for the inspection and brandIbid. ~120. ing of each cask of such manufactured lime, four cents, to be paid by the manufacturer or owner; and for the inspection of each cask of lime so imported or sold, the same sum, to be paid by the purchaser. Quality of lime and 4. No stone lime manufactured within this State shall be casks. bid. 121. sold, or exposed to sale, or shipped on board of a vessel, in casks, unless it is well burnt and pure, in good and sufficient new casks, containing either fifty or one hundred gallons each, made of wellseasoned heads and staves, with ten good and sufficient hoops on each cask, well driven and sufficiently secured with nails or pins. Description of 5. When an inspection is demanded of lime manufactured in casks fbr Maine lime. and imported from the State of Maine, the inspector shall require Samerules,&c.,ex- that such lime be in casks manufactured from sound and wellcept as to size of casks. seasoned lumber, with at least ten good hoops, well driven and ibid. ~122. secured upon each cask; the staves of the cask shall be thirty inches in length and not less than half an inch in thickness; the heads shall not be less than three-fourths of an inch in thickness and shall be well crozed in; each cask to be not less than twentysix and one-half inches between the heads, and seventeen inches between the chimes, with a good and suitable bilge, and made in a workmanlike manner; and the same rules, regulations, restric MARBLE, SOAPSTONE, AND FREESTONE. 439 tions, and liabilities, except as to the size of the cask, shall apply G.. 49, ~ 122. to lime imported from the State of Maine, as are provided respecting lime manufactured in this State. 6. Whoever sells, exposes to sale, ships, or receives on board Penalty for selling in other casks, &c. of a vessel, in casks, any lime manufactured within this State, or Ibid. ~123. the State of Maine, other than such as is contained in casks made according to the provisions of the preceding sections, and having the aforesaid marks or brands respectively, shall forfeit one dollar and fifty cents for each cask sold, offered for sale, shipped, or received on board of a vessel; provided, that nothing contained in this chapter shall be construed to restrain any person from retailing lime by the bushel, or other quantities not in casks. 7. If a cask of lime is sold, or exposed to sale, orput.on board Forfeitures. Ibid. ~ 124. of a vessel, contrary to the provisions of this chapter, the same shall be forfeited, and an inspector may seize and libel the same. 8. If, after a cask containing lime has been branded as afore- Penalty for shifting said, any person shifts the contents of such cask and puts therein contents of casks. any person shifts the Ibid. ~ 125. other lime with intent to sell the same, he shall forfeit one dollar and fifty cents for each cask of lime so shifted. MARBLE, SOAPSTONE, AND FREESTONE. STATUTE. board of aldermen; tenure of Mayor and aldermen of cities office. and selectmen of towns to reg- 2 Duties of surveyors. ulate measurement of marble, 3. Fees of surveyors. ^~&;cQ.. 4. Certificate to be given by surveyors. REGULATIONS. 5. Penalty for selling marble, &c., 1. Appointment of surveyors by not surveyed. STATUTE. The mayor and aldermen and selectmen of a city or town may City and town auestablish such regulations, with suitable penalties, respecting the thorities may esno~~~' *L * 7 i o ~~~~~~~~~tablish regulations appointment of a surveyor, and the survey and admeasurement of for survey of marmarble, soapstone, and freestone of every description, foreign or G.S, 49,~ 145. American, that is imported or brought into such place for sale, as 1862, c. 70. they from time to time deem expedient. 440 MARBLE, SOAPSTONE, AND FREESTONE. RE GULATIONS.1 Appointment of SECTION 1. There shall be appointed annually, surveyors by board of aldermen; ten- on the first Monday of February, or within sixty ure of office. April 1,1863. days thereafter, by the mayor and aldermen, one or more surveyors of marble, soapstone, and freestone, who shall hold their offices for one year, and until others are appointed in their places, and who shall be sworn to the faithful discharge of the duties of their office. Duties of srvey- SECT. 2. It shall be the duty of the said surors, Ibid. veyors to survey and admeasure all marble, soapstone, and freestone that is imported or brought into the city of Boston and offered for sale, and ascertain the number of cubic feet in each block, and the number of square feet in each slab of said marble, soapstone, or freestone, and. legibly mark the same thereon, with the initials of the officer surveying it, and they shall give a certificate to the owner or vendor thereof, in the form hereinafter provided. Fees of srveyors. SECT. 3. The fees for surveying marble, soapApril 1, 1863. Oct. 17,1864. stone, and freestone shall be one and one-half cents for each cubic foot, and three-fourths of a cent for each square foot surveyed as above directed, and they shall be paid to the surveyor by the owner or vendor. Certificate to be SECT. 4. The certificate to be given to the given by surveyor.163 owner or vendor of said marble, soapstone, or April 1, 1863. 1 Regulations respecting the sale of mafble, soapstone, and freestone, passed by board of aldermen April 1, 1863, and amended Oct. 17, 1864. MAYOR'S CLERK. 441 freestone shall specify the name of the owner or Aprill,1863. vendor, the name of the place from which the marble, soapstone, or freestone was imported or brought, the number of cubic feet in each block, and the number of square feet in each slab surveyed, the amount of fees received, and the date of the certificate. SECT. 5. No person shall sell any marble, soap- Penalty for sellin marble, &c., not stone, or freestone imported or brought into the srveyed.' J~~~~~~~~~~~~- oTIbid. city of Boston, which has not been surveyed as required by these regulations, under a penalty not exceeding fifty dollars for each and every offence. MAYOR'S CLERK.1 ORDINANCE. 2. Said clerk shall hold his office 1. Mayor may appoint a clerk and during the pleasure of the notify city council. mayor. Compensation to be determined by city council. SECTION 1. In the month of January, annually Mayor may appoint a clerk and notify and whenever there is a vacancy from any cause, citycouncil. Oct. 26,1869. the mayor may appoint a suitable person to perform the duties of clerk in his office; and when such an appointment is made, he shall notify the city council thereof. SECT. 2. The said clerk shall hold his office Saidclerkshall hold office during during the pleasure of the mayor, and shall pleasure ofthe mayor; compensaperform such services, clerical or otherwise, as tion tobe etermined by city the mayor may prescribe. He shall receive such council compensation therefor as the city council may from time to time determine. 1 An ordinance to establish the office of mayor's clerk, passed October 26, 1869. 442 MEAL, GRAIN, AND BREAD. MEAL, GRAIN, AND BREAD. STATUTES. 7. Bread, weight of, how sold 1. Grain and meal, how sold. 8. Prices of bread to be displayed 2. Weight of bushel. where sold. 3. Measurers of, to be appointed by 9. Bread to be weighed in presence mayor and aldermen. Duty. of buyer 4. Penalty for short weight when 10. Penaltyforviolationofstatutes. measurer not employed. 11. Statute not to apply to rolls, 5. Fees of measurer, by whom paid. &c. 6. Penalty for false weights, &c., or FEES. collusion, &c. 1. Fees established. STATUTES. Grain and meal, 1. In all contracts for the;sale and delivery of wheat, corn, how sold. G.. 49, ~63. rye, oats, barley, buckwheat, cracked corn, ground corn, or corn meal, ground rye, or rye meal, and any other meal, except oatmeal, the same shall be bargained for and sold by the bushel. Weight of bushel. 2. A bushel of wheat shall be sixty pounds; a bushel of corn Ibid. ~ 64. or rye, fifty-six pounds; a bushel of oats, thirty-two pounds; a bushel of barley, or buckwheat, forty-eight pounds; and a bushel of cracked corn, corn meal,' rye meal, or any other meal, except oatmeal, fifty pounds avoirdupois. MIeasurers to be ap- 3. The mayor and aldermen of cities and selectmen of towns pointed by mayor shall annually appoint one or more measurers of grain, and when and aldermen. Duty. but one is appointed by them they may authorize him to appoint Ibid. ~ 6. deputy-measurers. Each of such measurers and deputies shall, when called upon by either of the parties to a contract for the sale of any quantity exceeding one bushel of either of the articles mentioned in the preceding section, ascertain the weight thereof, and give a certificate of the nunber of bushels as ascertained by weight, according to the rule therein prescribed. Penalty for-short 4. Whoever sells or delivers any quantity exceeding one weight when meas- bushel of either of the articles aforesaid, without the same having urer not employed. Ibid. ~ 66. been weighed by one of the public measurers appointed under the preceding section, shall forfeit the sum of two dollars for every measured bushel so delivered not containing the number of pounds hereinbefore required, to be recovered by the purchaser in an action of tort. Fees of measurer, 5. The fees of such measurers shall be prescribed by the mayor idwho to p. and aldermen or the selectmen of the several places in which Ibid. ~ 67. they are appointed, and shall be paid one-half by the seller and one-half by the purchaser. MESSENGER. 443 6. If a measurer or deputy-measurer uses, or has in his pos- Penalty for false session with intent to use, for the purposes herein provided, any weighto,&c or. false weights, scales, balance, or other instrument for weighing, or G. S.49, ~ 68. colludes with the purchaser or seller, with intent to defraud the other party, or makes and utters a false and fraudulent certificate under this chapter, he may be removed from office by the mayor and aldermen or selectmen, and shall, also, on conviction thereof, be punished by a f not in fine not exceeding five hundred dollars, and by imprisonment not exceeding six months in the house of correction. 7. A loaf of bread for sale shall be two pounds in weight. Bread, weight of; how asld. Bread, except that composed in chief part of rye or maize, shall Ibid. ~o. be sold in loaves, half, three-quarter, and quarter, loaves, butsnot otherwise. 8. In every shop or place where bread is sold by retail, and in Prices of bread, each front window thereof, there shall be conspicuously placed a &e, to be displayed where sold. card, on which shall be legibly printed a list of the different kinds Ibid. ~6. and qualities of loaves sold there, with the price of each by the loaf, half, three-quarter, and quarter, loaf. 9. Bread sold in n h lc ll wih in any shop or pres- Bread to be ence of the buyer, and if found deficient in weight, bread shall be weighed, &c Ibid. ~ 7. added to make up the legal weight. 10. Whoever violates either of the provisions of the three Penalty. preceding sections, shall forfeit ten dollars for each offence, to Ibid.~8. be recovered in an action of tort to the use of the party suing therefor. 11. The four preceding sections shall not apply to rolls or Rolls, &c. fancy bread weighing less than one-quarter of a pound. Ibid. ~ 9. FEES. SECTION 1. On and after the first day of Fees, Sept. 22,1864. October, 1864, the fees for measuring wheat, corn, and other grains shall be three-fourths of a cent per bushel. MESSENGER. 1. Messenger to city council, how 3. To appoint assistants. chosen. 4. Compensation. 2. His duties. 444 - MESSENGER. ORDINANCE.1 Messenger to city 1. There shall be elected annually, on the first council, how elected. Monday of February, or within sixty days thereOct. 14,1852. V after, by concurrent vote of both branches of the city council, a messenger to the city council, who shall hold his office for one year, if not sooner removed, from the first Monday of April, in the year in which he is chosen, and until another is chosen in his place; he may be removed at any time by the city council. His duties. 2. The messenger shall devote his whole time Oct. 14,1892. Nov.24,165. to the service of the city, and shall attend all meetings of the board of aldermen, the common council, and the school committee. He shall wait upon all committees and boards, when in session at the city hall, and, in general, shall perform all services required by the mayor, by either branch of the city council, or by such committees or boards. To appoint as- 3. The messenger shall appoint assistants, subsistants. o 14,12. ject to the approval of the city council, who shall Oct. 27, 1865. hold their offices one year, unless sooner removed by him or by the city council. Compensation. 4. The messenger, and his assistants, shall Ibid. receive such compensation as the city council may from time to time determine. 1 An ordinance establishing the office of messenger to the city council, passed October 14,1852. Amended October 27,1865, and November 24,1865. MILITIA. 445 MILITIA. STATUTES. 19. Armories, how examined. 1. Persons to be enrolled. 20. Encampments by divisions or 2. Assessors to prepare lists, and brigades, orders for, and clerks to make returns of. places of. 3. Penalty for not giving informa- 21. Militia, how called out in case tion to assessors. of invasion or insurrection. 4. Militia enrolled, not liable to 22. Drafts and detail of officers. active duty, except, &c. 23. If company, &c., without offi5. How drafted, upon order of cers, is called out, officer to commander-in-chief. be detailed. 6. Penalty on soldiers for not 24. Soldiers neglecting to appear; answering summons when penalty; to take provisions. drafted, &c. 25. Selectmen, &c., to provide car7. Towns to provide, &c., ammu- riages, &c., in certain cases. nition. Penalty. Officers responsi8. Absolute exempts. ble. 9, 10. Exemption of shakers and 26 Troops, how ordered out in case quakers, of enginemen, &c. of riot, &c. Form of requi11. Active militia to consist of sition. volunteers. 27. Penalties for disobedience, &c. 12. Election of officers. 28. Troops to appear armed, &c. 13. Adjutant-general to certify 29. None but organized companies rolls, and transmit to towns. allowed to be formed, &c. 14. To submit to auditor roll of 30. Penalty for unlawful military officers entitled to pay, &c. parades, &c. 15. Armories to be provided by 31. "Selectmen" to include mayor towns, &c. and aldermen. 16. Rent, &c., of, to be certified to 32. Officers to prescribe uniforms. adjutant-general. 33. Cities and towns to pay there17. Claims for rent of, how audited for on certificates of adjutantand paid. general. 18. Penalty for false certificate. STATUTES. 1. Every able-bodied male citizen, resident within this State, Persons tobe enof the age of eighteen years, and under the age of forty-five years, rolled.,., Z-)., ~ p~~~~~~ n *1~~~~,.7~~' 1866, c. 219, ~ 1. excepting persons exempted by the following sections, idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any infamous crime, shall be enrolled in the militia. Persons so convicted after enrolment shall forthwith be disenrolled; and in all cases of doubt respecting the age of a person enrolled, the burden of proof shall be upon him. 2. Assessors shall annually, in May or June, make a list of Assessors toprepersons living within their respective limits liable to enrolment, parrerklista reand place a certified copy thereof in the hands of the clerks of turnl of. Ibid. ~ 2. 38 446 MILITIA. 1866, c. 219, ~ 2, their respective places, who shall place it on file, with the records of their city or town, and annually, in May, June, or July, transmit returns of the militia thus enrolled to the adjutant-general. Penalty fcr not 3. Keepers of taverns or boarding-houses, and masters and giving information a m a to assessors. mistresses of dwelling-houses shall, upon application of the assesIbid. ~3. sors within whose bounds their houses are situated, or of persons acting under them, give information of the names of persons residing in their houses liable to enrolment or to do military duty; and every such person shall, upon like application, give his name and age; and if such keeper. master, mistress, or person refuses to give such information, or gives false information, such keeper, master, or mistress shall forfeit and pay twenty dollars, and such person shall forfeit and pay twelve dollars, to be recovered on complaint of either of the assessors. Militia enrolled 4. The enrolled militia shall be subject to no active duty, not liable to active utlya except ctve except in case of war, invasion, the prevention of invasion, the Ibid. ~ 4. suppression of riots, and to aid civil officers in the execution of the laws of the commonwealth; in which cases the commanderin-chief shall order out for actual service, by draft or otherwise, as many of the militia as necessity demands. now drafted, upon 5. The order of the commander-in-chief may be directed to order of con- the mayor and aldermen of cities, or to the selectmen of towns, mander-in-chief. Ibid. ~5. who shall thereupon appoint a time and place of parade for the militia, in their city or town, and order them to appear at the time and place, either by leaving a written notice, or orally, and then and there proceed to draft as many thereof, or accept as many volunteers, as is required by the order of the commander-in-chief'; and shall forthwith notify the commander-in-chief that they have performed such duty. Penalty on soldiers 6. Every soldier ordered out, or who volunteers, or is detached, fsumtnoLs. wheng or drafted, who does not appear at the time and place designated drafted, &c. by the mayor and aldermen, or selectmen, or who has not some I id. ~ 6 able-bodied and proper substitute, at such time and place, or does not pay to such mayor and aldermen, or selectmen, for the use of the commonwealth, the sum of seventy-five dollars within twentyfour hours from such time, shall be taken to be a soldier absent without leave, and dealt with accordingly. Towns to provide, 7. When the commander-in-clief deems it necessary, he shall &c., ammunition, require cities and towns to provide, in some suitable place therein, Ibid. ~ 8. sixty-four pounds of powder, one hundred pounds of musket and rifle balls, and also three copper, iron, or tin camp kettles for every sixty-four soldiers enrolled in said town, and the same proportion for a greater or less number, and to keep the same until such requirement is revoked. Every place neglecting to comply MILITIA. 447 with such requisition shall forfeit and pay not less than twenty, 1866, c. 219, ~ s. nor more than five hundred dollars. S. In addition to the persons exempted from enrolment in the Absolute exempts. Ibid. ~. militia by the laws of the United States, the persons hereinafter mentioned shall also be absolutely exempted from enrolment, viz: Justices and clerks of courts of record; registers of probate and insolvency; registers of deeds and sheriffs; officers who have held or may hold commissions in the regular or volunteer army or navy of the United States; officers who have held, for a period of five years, commissions in the militia of this or any other State of the United States, or who have been superseded and discharged, or who held commissions in any corps at the time of its disbandment; staff officers heretofore exempted, and whose offices shall become vacant by the provisions of section fifty-nine; ministers of the gospel; practising physicians; the superintendents, officers and assistants employed in or about either of the State hospitals, State almshouses, State prison, jails, or houses of correction; keepers of light-houses, telegraphic operators, and conductors and engine drivers of railroad trains, and seamen actually employed on board of any vessel, or who have been so employed within three months next preceding the time of enrolment. 9. Every person of either of the religious denominations of Exemption of quakers or shakers, who, on or before the first Tuesday in May, sakers and qakannually, produces to the assessors of the city or town in which Ibid. ~10. lie resides, a certificate, signed by two or more of the elders or overseers (as the case may be), and countersigned by the clerk of the society with which he meets for public religious worship, shall be exempted from enrolment. The certificate shall be in form as follows: We, the subscribers, of. the society of people called -, in the town of -, in the county of —-, do hereby certify that is a member of our society, and that he frequently and usually attends religious worship with said society, and we believe he is conscientiously scrupulous of bearing arms. E. F., Clerk. A. B. } Elders or overseers C. D. (as the case may be). 10. Enginemen, or members of the fire department in a city Of enginemen, or town, shall be exempted from military duty by forthwith filing &C. 7 y 1_71)""^'~~~~~~~~~~~ Ibid. ~ 11. with the assessors of the city or town in which they reside, a certificate that they are enginemen or members of the fire department as aforesaid, signed by the mayor and aldermen of such city, or the selectmen of such town; but when a member of a volunteer company is, after his enlistment, appointed an engineman or member of the fire department, it shall not vacate his enlistment. 448 MILITIA. Active militia to 11. The active militia shall be composed of volunteers; and consist of volunteers. in case of war, invasion, the prevention of invasion, the suppress1s, c. 219, ~ 1. sion of riots, and to aid civil officers in the execution of the laws of the commonwealth, shall first be ordered into service. Election of officers. 12. No election of officers shall be ordered in a company Ibid ~1 hereafter organized, unless at least fifty men have been enlisted therein. Upon the enlistment of that number, and notification given to the commander-in-chief by one or more petitioners for the company, attested by the mayor and aldermen or selectmen, an election of officers may be ordered; and if there is no officer of the volunteer militia conveniently located to preside at such election, the commander-in-chief may issue an order for that purpose to one or more of the selectmen or mayor and aldermen of the place where a majority of the petitioners reside. Adgt.-Genl. to cer- 13. The Adjutant-General shall. within twenty days after the tify rolls, and tifyisttd own receipt of each company or band pay-roll, under sections one huntransmit to towns. ibid. ~63. dred and twenty-eight, one hundred and twenty-nine and one See G.s. Sup- hundred and thirty-one, after carrying out therein opposite to the plement 1860-66,. 49i. name of each man returned the amount of pay to which he is entitled, and certifying thereon that it contains the names of those persons only who are entitled to pay, transmit the same to the mayor and aldermen or the selectmen of the city or town in which the armory or place of assembly of such company or band is situated. To submit to au- 14. He shall, on or before the twenty-fifth day of January, in enditled o pay cs each year, make out a certified roll of the names of all the general, Ibid, ~64. field and staff officers, that appear by the returns made to him See G.S. Supplement, 180-66, under section one hundred and thirty-two to be entitled to the pay pp. 491,494. under sections one hundred and forty-four and one hundred and forty-six, and shall ascertain from the returns made to him under sections one hundred and twenty-eight and one hundred and thirty-one the amount of money necessary to reimburse the several cities and towns, and shall submit such roll and result to the auditor, and the governor shall draw his warrant on the treasury for such sums as may be necessary to pay such officers, and reimburse such cities and towns. Armories to be 15. The mayor and aldermen and selectmen shall provide for provided by towns, &c. each company of the volunteer militia within the limits of their Ibid. ~ 4. respective cities or towns, a suitable armory, for the deposit and safe keeping of the arms, equipments and other military property furnished it by the State, and for the purposes of squad drill, and shall also provide suitable places for the parade, target practice and company drill of the militia belonging to their respective 1866, c. 219, ~ 94. cities and towns. Cities and towns in which batteries are located are hereby authorized to raise money, by taxation or otherwise, MILITIA. 449 for the purpose of erecting suitable armories. When a company is formed from different places, the location of such armory shall be determined by a majority of its members, subject to the approval of the adjutant-general. 16. They shall annually, in October or November, transmit to Rent, &c., of, to be the office of the adjutant-general a certificate, verified by the oath certified to adjuI 1- ~'-^"' "' "'" ""`J"""^'" 3 tant-general. or affirmation of at least two of their board, showing the name of Ibid. ~95. each company furnished with an armory, the amount paid for the rent thereof, and stating that a majority of their board consicer such armory necessary for the use of such company, and that the rent charged therefor is fair and reasonable, according to the value of real estate in their place. 17. The adjutant-general shall annually examine all certifi- Claims forren tof, how audited and cates so returned to his office, institute any inquiries he deems ex- hpaid. a pedient relative thereto, and allow them in whole or in part, to an bid. ~ 96. amount not exceeding three hundred dollars for one company of infantry, and not exceeding six hundred dollars for one company of artillery or cavalry. He shall, within ten days after such examination, file in the office of the auditor his certificate, stating the sums allowed, the name of the company for whose use each sum is allowed, and the place to which it belongs; and shall thereupon notify the mayor, aldermen or selectmen, of the sum allowed to their place, which sum shall be paid upon the warrant of the governor to such mayor and aldermen or selectmen, as provided by law for the reimbursement of sums paid for military service. 18. A city or town receiving from the treasury of the con- Penaltyforfalse monwealth, by reason of a false return or certificate, under section certificate. 1866, c. 219, ~ 97. ninety-five,1 any money to which such place is not entitled, shall forfeit a sum not exceedino four times the amount of money so received. 19. The commander-in-chief may at any time detail an officer Armories, how exto examine any armory and report the condition thereof, and of,amined Ibid. ~ 98. the arms, equipments and equipage therein deposited. 20. Unless the commander-in-chief prescribes the time, place Encam.pments by and manner of assembling the troops for the purposes declared in diisins or brigthis section, each commander of division shall annually order an Ibid. ~ 6. encampment of his division, by brigades or regiments, at some 18s67, c. 266,~. time between the. middle of July and the middle of September. The orders for encampnpment by brigade shall be promulgated in Orders for, and the brigade thirty days before the t ime appointed for the encamp- placeof. ment; the orders for encampment by regiment shall be promulgated in the regiment twenty days before such time. The place, and if no time is designated by the commander of division, the 1 Sect. 16 of text. 38* 450 MILITIA. 1867, c. 266, ~ 1. time of encampment, shall be designated by the commander of the troops to be assembled, and regard shall always be had to the convenience, proximity, and accommodation of the troops to be assembled; but no ground shall be occupied for an encampment in time of peace without the consent of the selectmen of the town, or mayor and aldermen of the city, where the encampment is to be made, unless by order of the commander-in-chief. Militia, how called 21. When an invasion of, or insurrection in, the State is made out in case of invtasiont o insur- or threatened, the commander-in-chief shall call upon the rection. militia to repel or suppress the same; and may order out divi1866, c. 219, ~ 136. sions, brigades, regiments, battalions or companies; or may order to be detached parts or companies thereof, or any number of men to be drafted therefrom, and may cause officers to be detailed, sufficient, with those attached to the troops, to organize the forces. If such invasion or insurrection, or imminent danger thereof, in any part of the State, is so sudden that the commander-in-chief cannot be informed and his orders received and executed in season to resist or suppress the same, a commander of division in such part of the State may order out his division, or any part thereof, as the commander-in-chief might do. Drafts and detailof 22. When a draft from the militia is ordered, the non-commisofficers. sioned officers and privates, except so many as offer to serve Ibid. ~ 137. voluntarily, shall be drafted by lot from the company, and the officers regularly detailed from the roster. If company, &c., 23. If a company without officers is ordered to march, or a without officers, is calledout, officers draft or detachment is ordered therefrom, the commander of the coabeddetailed. to be detailed. regiment or battalion shall detail an officer to command, who Ibid. ~ 138. n shall have the same authority to order them to appear, to command them in the field, or to make a (Iraft or detachment therefrom, as the captain of such company would have, and shall be under the same responsibility. Soldiers neglecting 24. Every person so ordered out, detached or drafted, who to appear. Penalty. Ibidt.~ 1e 39. does notapp appear according to law at the appointed time and place, Ibid. 139. 2I'Dl. 1867, c. 26, ~ 1. or provide a substitute, or within twenty-four hours pay to the captain of his company or officer to whom he is ordered to report, one hundred dollars, to be paid into the treasury of the commonwealth, shall be taken to be a soldier absent without leave. Selectmen, &c., to 25. The selectmen of a town, and the mayor and aldermen of provide carriages, &c., in certain a city, to which men so ordered out, detached or drafted, belong, cases. when required in writing by a commander of a regiment or 1866, c. 219, ~ 140. n detachment, shall provide carriages to attend them, with further supplies of provisions and to carry necessary baggage, and provide necessary camp equipage and utensils, until notified by the commanding officer to desist; and shall present their accounts as pro MILITIA. 451 vided in section one hundred and fifty-five. For any neglect by Penalty. such mayor and aldermen or selectmen, under this section, such 1866,c.219 ~ 140. city or town shall forfeit, to the use of the commonwealth, not less than twenty, nor more than five hundred dollars. The officer to Officers responsible. whom any articles above mentioned are delivered shall be responsible that care is taken of the same. 26. When there is in any county a tumult, riot, mob, or a body Troops, how orof men acting together by force, with intent to commit a felony, or deredoutin case of t) n 7 -- ~""-~b — 3 —--- "J riot, &e. to offer violence to persons or property, or by force and violence Ibid. ~ 141. to break and resist the laws of the commonwealth, or when such 7,'. 26' ~1. tumult, riot or mob is threatened, and the fact is made to appear to the commander-in-chief; or the mayor of a city, or to a court of record sitting in said county, or if no such court is sitting therein, then to a justice of said court, or if no such justice is 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 a precept, directed to any commander of a division, brigade, regiment, battalion or company, directing him to order his command, or a part thereof (describing the kind and number of troops), to appear at a time and place therein 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. COIMMONWEALTH OF MASSACHUSETTS. Form of requisiL. S. tion. To (insert the oficer's title) A. B. commanding (insert his command.) Whereas it has been made to appear to our justices of our, now holden at, within and for the county of, that (here state,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 nuonber 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. Esq., at, on the day of in the year C. D., Clerk. And if the same is issued by a mayor, justice or sheriff, it shall be under his hand and seal, and otherwise varied to suit the circumstances of the case. 27. The officer to whom the order of the commander-in-chief Penalties For disor such precept is directed, shall forthwith order the troops therein b6ie6,nce, &C. mentioned to parade at the time and place appointed. If he 1867,c 266, ~1. refuses or neglects to obey such order or precept, or if an officer 452 MILITIA. 1866, c. 219, ~ 142, neglects or refuses to obey an order issued in pursuance thereof, 1867, c. 266, ~ he shall be cashiered and punished by fine or imprisonment not exceeding six months, as a court-martial may adjudge. Any person neglecting or refusing to appear at the place of parade, to obey an order issued in such case, or any person advising or endeavoring to persuade another to refuse or neglect to appear at such place, or to obey such order, shall forfeit, to the use of the commonwealth, five hundred dollars. Troops to appear 28. Such troops shall appear at the time and place appointed, armed, &c. 1866, c. 219, ~143. armed and equipped, and with ammunition as for inspection of arms, and shall obey and execute such orders as they may then and there receive, according to law. None butorganized 29. It shall not be lawful for any body of men whatsoever, companies allowed to be formed, &. other than the regularly organized corps of the volunteer militia, Ibid. ~184. the troops of the United States, and the ancient and honorable artillery company, and the veteran artillery association of Newburyport, to associate themselves together as a military company or organization, or organ n to parade in public with arms in any city or town of this commonwealth without the license of the governor thereof, which may at any time be revoked; nor shall it be lawful for any city or town to raise or appropriate any money toward arming, equipping, uniforming or in any way supporting, sustaining or providing drill-rooms or armories for any such body of men; provided, that associations wholly composed of soldiers honorably discharged from the service of the United States, may parade in public with arms, upon the reception of any regiments or companies of soldiers returning from said service, and for the purpose of infantry escort duty at the burial of deceased soldiers, having first obtained the written permission so to do of the mayor and aldermen or selectmen of the cities or towns in which they desire to parade. Penalty for unlaw- 30. Whoever offends against the provisions of the preceding ful military par- section, or belongs to or parades with any such unauthorized body ades, &c. Ibid. ~1S5. of men, with arms, shall be punished by a fine not exceeding the sum of ten dollars, or by imprisonment in the house of correction or common jail for a term not exceeding six months. "Selectmen" to 31. The provisions of this chapter concerning the powers and include mayor and duties of the selectmen of towns. shall be construed to include the aldermen. t Ibid. ~175. mayor and aldermen of any city. Officers may pre- 32. Whenever a majority of the commissioned field, staff and scribe uniforms.. 1S6ci c 3u32n 3. line officers of a regiment or separate battalion, or a majority of 1869, c. 832, ~ 3. the commissioned officers of a battery, unattached company of cavalry or company of cadets, at a meeting called for that purpose, shall prescribe a uniform for their commands, and make return of their doings in writing to the adjutant-general, and the same MILK. 453 shall have been approved by Ihe commander-in-chief, it shall 1869,c.332,~3. become and remain the established uniform of the regiment, battalion, battery or company. 33. When it shall be made to appear, under the oath of the Mayor and aldermen to draw wovrcommanding officee of a company, to the satisfaction of the ad- rants therefor, on jutant-general, that new uniforms have been procured by the certificate of adjutant-general. enlisted men of his company, at their own expense, at a cost of Ibid. ~4. not less than twenty dollars for each uniform, the adjutant- 4 Gray, 02-. general shall transmit to the mayor and aldermen of the cities, and to the selectmen of the towns in which such companies are situated, pay-rolls, authorizing the payment of twenty dollars to each man who has thus provided himself with a uniform. Upon receipt of the same, the mayor and aldermen and selectmen shall draw their warrants upon their respective treasurers, directing them to pay forthwith the amount due to the persons named in such rolls; and shall forthwith remit such rolls to the adjutantgeneral, with a certificate indorsed thereon, setting forth that a warrant has by them been drawn on their respective treasurers in favor of the several persons whose names are recorded therein. Thereupon the adjutant-general shall lay the same before the auditor, and the governor may draw his warrant on the treasury, for such sums as may be necessary to reimburse such cities and towns, from the appropriation for quartermasters' supplies for the current year. These uniforms shall be subject to the exclusive use of the members providing the same, so long as they remain as enlisted men in the company; but upon their promotion or discharge, the uniforms shall become and remain company property. MILK. STATUTES. 4. Penalty for selling adulterated 1. Inspector to be appointed and milk. to give notice thereof. 5. Milk for making butter and 2. To keep an office and proper cheese. books. Compensation. 6. Inspector to institute complaint. 3 Milkmen and milk dealers to 7. Inspector to publish law in register their names, &c. some newspaper. Penalty for violation of rule. STATUTES. 1. The mayor and aldermen of cities shall, and the selectmen Inspector to he appointed and to of towns may, annually, appoint one or more persons to be girtpeblic notice. inspectors of milk, for their respective places, who shall, before 184, c. 122, ~ 1. entering upon the duties of their offices, be sworn. Each inspector 454 MILK. 18;4,c. 122, ~. shall give notice of his appointment by publishing the same two weeks in a newspaper published in his city or town, or if no newspaper is published therein, by posting up such notice in two or more public places in such city or town. Inspector to keep 2. The inspectors shall keep an office and books for the purbooffi&c ac- pose of recording the names and places of business of all persons books, &c. Compensation. engaged in the sale of milk within their limits. They may enter ibid. ~l 264 any place where milk is stored or kept for sale, and all carriages 11 Allen, 264. a used in the conveyance of milk; and whenever they have reason to believe any milk found therein is adulterated, they shall take specimens thereof and cause the same to be analyzed, or otherwise satisfactorily tested, the result of which they shall record and preserve as evidence; and a certificate of such result, sworn to by the analyzer, shall be admissible in evidence in all prosecutions under this act. The inspectors shall receive such compensation as the mayor and aldermen or selectmen shall determine. Milkmeneglects to cause his name and dl- 3. oeernele to hisplace of business s to rester their to be recorded in the inspector's books, and his name legibly alty for violation placed upon all carriages used by him in the conveyance of milk, of rule. 864, c.22, ~4. before engaging in the sale thereof, shall forfeit twenty dollars for 1864, e. 122, ~ 4 bo.reI 1 Allen, 593. the first offence, and for a second and each subsequent offence, fifty 2 Allen, 157. ) Allen, 489. dollars. And whoever offers for sale milk produced from cows 10 Alen, 199. fed upon the refuse of distilleries, or any substance deleterious to the quality of the milk, or whoever knowingly offers for sale milk produced from sick or diseased cows, shall forfeit twenty-five dollars for the first, and fifty dollars for every subsequent offence. Whoever, in the employment of another, knowingly violates any provision of this section, shall be held equally guilty with the principal, and suffer the same penalty. Penalty fbr selling, 4. Whoever sells or exchanges, or has in his possession with i adulteratedk intent to sell or exchange, or offers for sale or exchange, adulter1G89, c. 150, ~ 1. ated milk, or milk to which water or any foreign substance has been added, shall, for each offence, be punished by a fine of not less than twenty, nor more than one hundred dollars. iilk for making 5. Whoever adulterates by water, or otherwise, milk to be butter and cheese. Ibid. ~ 2. delivered for manufacture into butter or cheese, shall be liable to the penalties provided in the preceding section. Inspector to insti- 6. It shall be the duty of every inspector of milk to institute tute complaint. complaint, on the information of any person who shall lay before Ibid. ~ 3. him satisfactory evidence on which to sustain the same. Inspector to pub- 7. Each inspector of milk in this commonwealth is hereby lilaw in news- required to cause the provisions of this act to be published in his Ibid. ~5. town, at least three times, by publication in some newspaper printed in said town, or some newspaper in the county in which the town is situated. MOUNT HOPE CEMETERY. 455 MOUNT HOPE CEMETERY.1 STATUTE. arate and expended for imBoston may purchase land for a provement of cemetery. cemetery in any town with the con- 6. Trustees may take and hold besent of said town. quests, &c. 7. Bequests to be invested, how ORDINANCE. and for what. 1. Election of trustees of the cem- 8. City responsible for coings of etery. trustees, &c. 2. Organization of the board of 9. City registrar to be secretary of trustees. trustees; his duties. 3. Free burial-place shall be set 10. Form of deed forconveyance of lots. Conditions of sale. off; cemetery to be laid out lots Conditios of sale. in lots, &c. Trustees may 1. Deeds to be signed by chairman, make by-laws. &c. 4. Trustees may sell rights, lots, 12. Deeds to be recorded. &c. 13. Trustees shall make report to 5. Proceeds of sales to be kept sep- city council annually. STATUTE. The city of Boston is hereby authorized to purchase and hold City of Boston land for a public cemetery, in any town in this commonwealth, ceeltetry ib any and to make and establish all suitable rules, orders, and regulations town in the commonwealth, with for the interment of the dead within the limits of the said city; its consent. provided, that the consent of any town, in which the said cemetery 1849, c. -10. is proposed to be located, shall first be obtained for the purpose. ORDINANCE.2 SECTION 1. In the month of January, in the Election oftrustees of the cemeyear eighteen hundred and seventy, the city coun- tery. Sept. 17,1869. 1 Mount Hope Cemetery, situated in Dorchester (Ward 16) and West Roxbury, about five miles from the city hall, contained originally eightyfour and three-fourths acres. It was first under the charge of a private corporation organized under the General Statutes, Nov. 10, 1851, and was consecrated with appropriate ceremonies June 24, 1852. Sales of four hunldred and twenty-seven lots were made by the company, and some improvements were made. By deed dated July 31, 1857 (recorded with Norfolk deeds, lib. 258, fol. 165), it was conveyed to the city for the sum of $35,000. Four and three-fourths acres at the westerly end have been set off for the benefit of the inhabitants of the city, free of charge, and that portion is called the "city cemetery." In 1868 the city purchased an additional lot of twenty acres on the southerly side for $14,000; so that the cemetery comprises, at the present time, an area of over one hundred acres. 2 An ordinance in relation to Mount Hope Cemetery, passed December 21,1857; amended December 30, 1864; further amended September 17,1869. 456 MOUNT HOPE CEMETERY. Sept. 1, 1i869. cil shall elect, by concurrent vote, six persons, of whom three shall be elected from the citizens at large, one shall be a member of the board of aldermen, and two shall be members of the common council, and they, with the person elected from the citizens at large in the year eighteen hundred and sixty-nine, for two years, shall be a board.of trustees of Mount Hope cemetery. The persons elected from the citizens at large shall hold their offices, one for one year, and two for two years, from the first Monday in May, in the year of their election, and until others are elected in their place, unless sooner removed; and the members elected from the city council shall hold their offices for one year from the first day of said January, and until others are elected in their place, unless sooner removed. After said election, in the year eighteen hundred and seventy, the board of trustees shall consist of seven persons; and annually afterwards, in the month of January, there shall be elected, in the same manner, to be trustees of said Mount Hope cemetery, one member of the board of aldermen and two members of the common council, who shall hold their offices for one year from the first Monday in January, and until others are elected in their place, unless sooner removed; and annually afterwards, in March or April, there shall be elected two citizens at large, who shall hold their offices for two years from the first Monday in May, in the year of their election, and until others are elected respectively in their places. The members of said board of trustees shall at all times be subject to removal from office by the city MOUNT HOPE CEMETERY. 457 council, for cause; and vacancies may be filled at Sept. 17, 18i. any time for the unexpired term in the same manner as the original appointments were made. Two, at least, of said trustees elected from the ctizens at large shall, at.the time of their election, own a lot in said cemetery. SECT. 2. The persons elected from the city Organization of.tle board of trustees. council shall enter upon their duties as members Ibid. of said board of trustees forthwith; and those elected from the citizens at large shall, after the year eighteen hundred and seventy, enter upon their duties on the first Monday in May. On the first Monday in May, annually, the members shall meet and organize themselves as a board, by the choice of one of their number as president; and they may make such rules and regulations for their own government, and for the government of all subordinate officers by them appointed, as they may deem expedient. Said board shall have the sole care, superintendence, and management of the Mount Hope cemetery. A majority of the whole board shall be necessary to constitute a quorum for the transaction of business. SECT. 3. The board of trustees shall set apart. Free buial place to be set off. and appropriate a portion of said cemetery as a Dec.21,1857. public burial-place, for the use of the inhabitants of the city of Boston, free of any charge therefor; and they shall lay out said cemetery in suitable Cemetery to be laid out, &c. lots, or other subdivisions, for family or other burial-places, with all the necessary paths and avenues, and may plant and embellish the same with trees, shrubs, flowers, and other rural orna39 458 MOUNT HOPE CEMETERY. Dec. 21, 1857. ments; and may enclose and divide the same with proper fences, and erect or annex thereto such suitable edifices, appendages, and conveniences as they may from time to time deem Trustees may expedient; and said board may make all necesmake by-laws. sary by-laws, rules and regulations, in the execution of their trust, not inconsistent with the ordinances of the city or the laws of the commonwealth, as they may deem expedient. Trustees may sell SECT. 4. The board of trustees shall have rights of burial, &c. authority to grant and convey to any person or Ibid. persons, by deed duly executed, the sole and exclusive right of burial, and of erecting tombs, cenotaphs, and other monuments, in any of the designated lots or subdivisions of said cemetery, upon such terms and conditions as they may, by their rules and regulations, prescribe. Proceeds of sales SECT. 5. The proceeds of the sales of lots, to be kept separate. Ibid, and rights of burial in said cemetery shall be paid into the city treasury, and kept separate from any other funds of the city, and subject to the order of said trustees; and such proceeds shall be devoted to the liquidation of all amounts paid by the city on account of said cemetery, either for land, or for the improvement and embellishment thereof under the direction of said board of trustees, who shall also have the control of any appropriation which may be made to the cemetery by the city council. Trustees may hold, SECT. 6. The board of trustees are author&c., bequests. Ibid. ized to take and hold any grant, donation, or bequest of property, upon trust; to apply the MOUNT HOPE CEMETERY. 459 same, or the income thereof, for the improvement Dec. 21,1857. or embellishment of the said cemetery, or for the erection, repair, preservation, or renewal of any monument, fence, or other erection, or for the planting or cultivation of trees, shrubs, or plants in and around any lot; or for improving the said premises in any other manner or form consistent with the purposes for which said cemetery is established, according to the terms of such grant, donation, or bequest. And whenever any such grant, donation, or bequest, or any deposit, is made by the proprietor of any lot in said cemetery, for the annual repair, preservation, or embellishment of such lot and the erections thereon, the trustees may give to such proprietor, or his representative, an agreement or obligation, in such form and upon such terms and conditions as they may establish, binding themselves and their successors to preserve and keep in repair said lot, forever, or for such period as may be agreed on. SECT. 7. Any sums of money so received by Bequests tobe invested; how and the trustees, shall be invested by the city for what. I J J Ibid. treasurer in public stocks, or mortgages of real estate, and shall always remain separate from, and independent of, any other moneys or property belonging to the city of Boston, and free from the control of the city council. And the income of such fund or funds shall be received by the city treasurer, subject to the order of the trustees, and shall be appropriated by them in such manner as may, in their opinion, best promote the purpose for which said grants, donations, bequests, or deposits, are made. 460 MOUNT HOPE CEMETERY. City liable for SECT. 8. The city shall be responsible for the doings of trustees, Dec 21,1857. good faith of said trustees, and of the city treasurer, in the execution of any trust which they may assume pursuant to the foregoing provisions. But the trustees shall not be liable to make any renewal of any monument, or other erection on any lots in said cemetery, unless such liability is expressed in the agreement under which they accept any grant, donation, or bequest, for the repair or preservation of such lots. City registrar SECT. 9. The city registrar shall act as secreto be secretary of trustees. tar of said board of trustees; he shall receive all Ibid. applications for lots and rights of burial, and, under the direction of the trustees, shall make all deeds of the same, and pay all sums of money received on account of the cemetery, to the city treasurer, and perform such other duties in relation to the cemetery as the trustees may from time to time require. Form of deed for SECT. 10. The form of the deeds to be execonveyance of lots. Ibid. cuted for the conveyance of lots in said cemetery, by said trustees, shall be as follows, viz: - Know all men by these presents, that the city of Boston, in the county of Suffolk and commonwealth of Massachusetts, in consideration of dollars, paid to it by, the receipt whereof is hereby acknowledged, doth hereby grant, bargain, sell, and convey to said --- heirs and assigns, one lot of land in the rural cemetery in Dorchester and West Roxbury, called the Mount Hope Cemetery, and the sole and exclusive right of burial of the dead therein: the said granted lot contains superficial MIOUNT HOPE CEMETERY. 461 square feet, and is numbered - on the plan of Dec. 21,1857. said cemetery, which is in the possession of the board of trustees, having the care, superintendence, and management thereof, and may be inspected by the said grantee, heirs and assigns, at all reasonable times. To have and to hold the aforegranted premises unto the saidh-eirs and assigis forever; but subject to the restrictions, limitations, and conditions, and the privileges following, viz: First. That the proprietor of the said lot shall Restrictions, conditions and privihave the right to enclose the same with a wall or leges. fence, not exceeding one foot in thickness, which may be placed on the adjoining land of said city, exterior to said lot. Second. That the said lot shall not be used for any other purpose than as a place of burial for the dead; and no trees within the lot or border shall be cut down or destroyed, without the consent of the said trustees. Third. That the proprietor of said lot shall have the right to erect monuments, cenotaphs, or stones, commemorative of the dead; or to cultivate trees, shrubs, or plants in the same. Fourth. That the proprietor of said lot shall erect at -- own expense, suitable landmarks, of stone or iron, at the corners thereof, and shall cause the number thereof to be legibly and permanently marked upon the premises; and if the proprietor shall omit for thirty days after notice to erect such landmarks and to mark the number, the trustees shall have authority to have the same done at the expense of the said proprietor. Fifth. That if any trees or shrubs in said lot 39* 462 MOUNT HOPE CEMETERY. Dec. 1, 1857. shall become in any way detrimental to the adjacent lots or avenues, or dangerous, or inconvenient, it shall be the duty of said trustees, for the time being, to enter into said lot, and remove said trees or shrubs, or such parts thereof as are thus detrimental, dangerous, or inconvenient. Sixth. That if any monument, effigy, cenotaph, or other structure whatever, or any inscription, be placed in or upon said lot, which shall be determined by a majority of said trustees, for the time being, to be offensive and improper, the said trustees, or a majority of them, shall have the right, and it shall be their duty to enter upon said lot and remove said offensive or improper object or objects. Seventh. No fence shall, at any time, be erected or placed in or around said lot, the materials or design of which shall not first have been approved by said trustees or a committee of them. Eigqhth. No tomb shall be constructed or allowed within the bounds of the cemetery, unless by special permission of said board of trustees, and in such places and in such manner as the trustees shall direct. And no proprietor shall suffer the remains of any person to be deposited within the bounds of his lot for hire. Ninth. The said lot shall be indivisible; and upon the death of the grantee, the devisee of said lot, or the heir-at-law, shall be entitled to all the privileges of the original grantee; and if there be more than one devisee or heir-at-law, the said trustees shall designate the one who shall have possession of the said lot; and in making such MOUNT HOPE CEMETERY. 463 designation, said trustees shall, as far as they Dec. 21,187. conveniently may, give preference to males over females, and to proximity of blood, priority of age, and with due regard to proximity of residence. Tenth. The said lot shall be holden subject to all by-laws, rules and regulations, made, and to be made, by the said board of trustees, in pursuance of authority granted to them in and by any ordinance or ordinances of the city of Boston. And the said city of Boston hereby covenants to and with the said heirs and assigns, that the said city is lawfully seised in fee-simple of the aforegranted premises and of the ways leading to the same from the highway, that the granted premises are free from all incumbrances, that the said city hath good right to sell and convey the same to the said -, in the manner and for the purpose aforesaid, and will WARRANT and defend the same unto the said ----, heirs and assigns forever. IN WITNESS WHEREOF, the said city of Boston hath caused these presents to be signed by, the chairman of the said board of trustees, to be countersigned by -, their secretary, and the treasurer of the said city, and to be sealed with its common seal, this - day of, in the year of our Lord, eighteen hundred and Signed, sealed, and delivered in presence of ---- Chairman. -- -- Secretary. --- ---- City Treasurer. 464 MOUNT HOPE CEMETERY. Dec.21,1857. City of Boston, City Registrar's office, 18 I hereby certify that the foregoing deed has been received, entered, and recorded in this office, in the book provided for the purpose, being book No. —, and page No.-- ---—, City Registrar. Deeds tobe signed SECT. 11. All deeds executed in conformity by chairman, &c. Ibid. to the preceding section shall be signed by the chairman of the board of trustees of Mount Hope Cemetery, and countersigned by their secretary, and the city treasurer, and shall have the city seal affixed thereto. Deeds tobere- SECT. 12. Said deeds shall be recorded by corded. Ibid. the city registrar in a book provided for that purpose, and kept in his office. Trustees shall SECT. 13. In the month of May, annually, said make report to city council. board of trustees shall submit to the city council Sept. 17, 1869. a report in print, made up to, and including, the thirtieth day of April preceding, containing a statement of the condition of the cemetery, and an account, in detail, of the receipts and expenditures during the year. MUSICIANS. 465 MUSICIANS. STATUTE. RULES. Mayor and aldermen may adopt Persons shall not appear in streets rules, &c., for control of persons to play upon hand organs, &c., playing on hand organs, &c. without permit from chief of police or deputy. Penalty for violation. STATUTE. The mayor and aldermen of any city may adopt rules and AMayor andalderorders, not inconsistent with the laws of this commonwealth, mu",les.ot for the regulation and control of persons who shall, after the i869,.c30, ~1. passage of this act, frequent the streets and public places in said city, playing on hand-organs or other musical instruments, beating drums or blowing trumpets, with penalties for violations thereof, not exceeding twenty dollars for each offence. RULES OF THE MAYOR AND ALDERMEN.1 Ordered: That on and after the first day of Persons sall not play upon hand August, 1869, and until otherwise ordered, no organs, &., wilthout permit. person or persons shall appear in any of the Aug. 3,186'. streets or public places in the city of Boston to play upon any hand-organ, hurdy-gurdy, tambourine, or other musical instrument, or beat upon a drum, or blow any horn or trumpet, without a permit from the chief of police, or deputy chief of police; and any such permit may be revoked by the said chief or his deputy, whenever either of them deems it expedient; and whoever appears in any of the streets or public places to play upon either of such instruments, without such permit, shall be liable to a Penalty. fine of not less than two dollars, nor more than twenty dollars. 1 Rules of mayor and aldermen, passed August 3, 1869. 466 NOTICES AND PLACARDS. NOTICES AND PLACARDS. ORDINANCE. 2. No person shall post notices, 1. No person shall post notices, &c., on curbstones, &c. &c., on buildings, &c., with- 3. Penalty for violation of ordiout permission of owner. nance. ORDINANCE.1 No personshall SECTION 1. No person shall post up, or affix, post notices, &c., on buildings, &c., in any manner, any placard, notice, or bill, either without permission of owner8 written or printed, upon the fences, or walls, or any part of any building in the city of Boston, without the previous consent of the person or persons having possession of the same. No person shiall SECT. 2. No person shall post up, or affix, in post notices on curb stones &c. any manner, any placard, notice, or bill, either Ibid. written or printed, upon any curbstone, or sidewalk, or upon any tree in any street, square, park, or public place, in the city of Boston, or upon any wall, fence or building, belonging to the city of Boston, without the consent of the mayor. Penalty. SECT. 3. Any person who violates the proIbid. visions of this ordinance shall forfeit and pay for every violation a sum not less than five dollars, nor more than fifty dollars. OFFICERS AND OFFICE HOURS. ORDINANCE. 4. Certain provisions directory. 1. Time of election or appointment 5. Vacancies, how filled. of certain city officers. 6. Committee on public buildings 2. Tenure of office. Removals and to assign, &c., offices, &c. vacancies 7. Office hours of treasurer. 3. Mayor to make his nominations 8. Office hours of city clerk, audito board of aldermen. tor, and registrar. 1 An ordinance to regulate the posting of placards, notices and bills, passed Nov. 5, 1869. OFFICERS AND OFFICE HOURS. 467 9. Office hours of assessors. 11. Offices closed on Saturday 10. Officers to attend at other times afternoons. if required. ORDINANCE.1 SECTION 1. All city officers required by the Time ofelection or appointment of city ordinances to be elected or appointed by the cityofficers. June 14,1862. concurrent vote of the city council, or to be appointed by the mayor, by and with the advice and consent of the board of aldermen, excepting Exceptions. those officers the time of whose election or appointment is otherwise prescribed by the statutes of the commonwealth; also excepting the treasurer, auditor, and assessors, shall be elected or appointed, as the case may be, on the first Monday of February, in each year, or within sixty days thereafter. SECT. 2. Every city officer elected or appointed Tenureof office Ibid. under the provisions of the foregoing section shall hold his office, if not sooner removed, for one year from the first Monday of April, in the year in which he is elected or appointed, and until a successor be elected or appointed and qualified; but he may at any time be removed by ]emovalandvacancies. the authority under which he may have been Ibid. elected or appointed, and any vacancy occasioned by the removal, resignation, or death of such city officer, may be filled at any time. SECT. 3. In all cases where appointments to Mayorto make his nominations to office are directed by any law or ordinance to be boardof aldermen. Ibid. made by the mayor and aldermen, or by the Seep.22 ~49. mayor, by and with the advice and consent of 1 Ordinances passed September 19, 1850, July 2, 1857, June 14, 1862, December 30, 1864, September 26, 1865, November 24, 1865. 468 OFFICERS AND OFFICE HOURS. June 14, 1862. the aldermen, the mayor shall send his nominations to the board of aldermen, directed to the city clerk, who shall forthwith enter the same in a book kept for that purpose. And whenever the mayor removes any officer, he shall send information thereof to the said board, which shall be entered on their record at the next meeting. Certain provisions SECT. 4. Whenever any ordinance provides directory merely. sept.,1820. for the election of any city officer, at or within a time specified, such provision shall be considered merely as directory; and an election after the expiration of such time shall be valid. Vacancies, how SECT. 5. Whenever there is any vacancy by filled. Dec: 80, 864. death, resignation, or otherwise, in any office required to be filled by the concurrent vote of the city council, the mayor may, if in his judgment the public interest requires such office to be immediately filled, appoint a suitable person to discharge its duties temporarily, and until the city council shall fill the vacancy.1 ommittee on pub- SECT. 6. The committee on public buildings lie buildings to assign &c offices shall under the direction of the board of alderand rooms. 9 Septp. 89, 8. men, assign and furnish in a proper manner, suitable offices and rooms in the public buildings, or procure the same elsewhere, at the expense of the city, for the various city officers. office hours of SECT. 7. The office hours of the city treasurer 1 See provisions for appointment of auditor pro tempore, p. 214, and of city clerk pro tempore, pp. 124, 125. OFFICERS AND OFFICE HOURS. 469 shall be from nine of the clock in the forenoon, treasurer. Sept. 9, 1850. until two of the clock in the afternoon. SECT. 8. The office hours of the city clerk, Officehours of City clerk, auditor, the auditor of accounts, and the city registrar, ndregistrar Sept. 9,1859. shall be from nine of the clock in the forenoon, until five of the clock in the afternoon. SECT. 9. The office hours of the assessors Office hours of assessors. shall be the same as those appointed in the next Sept. 9,1850 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. 10. Each of the officers, before named, Officers toattendat other times, if reshall attend to the duties of their several offices qnired. Ibid. at such other times as the board of aldermen may deem the interest of the city to require. SECT. 11. All city offices shall be closed on Offices closed on Saturdays. Saturdays at two of the clock in the afternoon Sept. 2,186S. 40 470 ORDINANCES AND BY-LAWS. ORDINANCES AND BY-LAWS.1 STATUTES. 11. How prosecutions under by1. By-laws may be annulled by the laws may be discontinued. general court. 12. Police court of Boston has juris2. Powers and duties of cities to diction. continue as specified in their 13. How fines, &c., may be recovcharter. ered and appropriated, by 3. Powers of the city council to special acts. make by-laws as granted by ORDINAN ORDINANCEr. the charter. 4. Same- as granted by the Gen- 1. Enacting style of city ordieral Statutes. llalces. 5. By-laws to bind all persons in 2. Ordinances to be examined, enthe city. rolled, and recorded. 6. By-laws to be published, &zc. 3. Ordinances of the city council, 7. Special acts, &c., need not be and the rules and regulations set out in complaint, &c. of the board of aldermen, to 8. Duties imposed in by-laws, how be published. This provision performed. to be directory merely. 9. What city officers may prose- 4. Fines to inure to the use of the cute. city, except, &c. 10. Fines and forfeitures, how recovered and to whose use. STATUTES. By-laws may be 1. It is provided, by the constitution of the commonwealth, annulled by gen, eral court. const. that all by-laws, of municipal or city governments, erected and of MIass. constituted by the general court, shall be subject, at all times, to Amend. Art. 2. Adopted 1821. be annulled by the general court. Powers, &c., of 2. The several cities shall continue to have and exercise all the powers and privileges, and be subject to all duties and liabilities, 1 By-laws must be reasonable, and not repugnant to the constitution or laws of the commonwealth. They must not interfere with the liberty, property or business of the citizens, more than is necessary to secure the lawful and proper object in view. The question whether a by-law is reasonable or not, is one for the court and not for the jury to decide. Commonwealth vs. Worcester, 3 Pick. 462. Vandine's case, 6 Pick. 187. Austin vs. Murray, 16 Pick. 126. Commonwealth vs. Patch, 97 Mass. 221. The mayor and aldermen have no power to permit a violation of a by-law of a city. Commonwealth vs. Worcester, 3 Pick. 462. A by-law may be good in part and void in part. Commonwealth vs. Drew, 10 Met. 382. Amesbury vs. Bowditch Ins. Co., 6 Gray, 607, and cases citec. Any dicta to the contrary in Austin vs. Murray, 16 Pick. 121, were overruled in this latter case. ORDINANCES AND BY-LAWS. 471 mentioned in the acts establishing such cities and in the several cities to continue. acts relating thereto. G.s. 19,~ 1. 3. The city charter, section thirty-five, provides that the Power of city council to make city council shall have power to make all such needful and salu- by-laws. tary by-laws or ordinances, not inconsistent with the laws of this 1854, c 48, ~ 3. commonwealth, as towns by the laws of this commonwealth have power to make and establish, and to annex penalties, not exceeding fifty 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. Town, c., m Towns &c.,...ay 4. Towns may make such necessary orders and by-laws, not make by-laws and repugnant to the laws of the State, for directing and managing affi'x enllie. repugnant axns G. S. 18, ~ 11. the prudential affairs, preserving the peace and good order, and 3 Pick. 462. 6 Pick. 187. maintaining the internal police thereof, as they may judge 16 Pick. 121. most conducive to the welfare of the town; and may affix 1 Met.130. 1 Cush. 493. penalties for breaches of such orders and by-laws not exceeding 2 Cush. 662. twenty dollars for one offence. Allen, 26 97 Mass. 221. 5. Such by-laws shall be binding upon all persons coming By-law bind all within the limits of the town, as well as upon the inhabitants persons in town. 6 Pick. 187. thereof. 2 Cush. 576. 6. All by-laws made by a town shall be published in one G.s-~ 5. or more newspapers printed in the county where the town is To belpublilhed. G. S. 18, ~ 16. situated. 7. In a complaint, prosecution, or other process, founded on Special acts, &c., need not be set out a special act of the legislature, an ordinance or by-law of any in complaint, &c. city or town, or an order of the mayor and aldermen, it shall be G.1ck71 ~16 sufficient to set forth the offence fully, plainly, substantially, and formally; and no part of such law, ordinance, by-law, or order, need be set forth. S. When a town in a by-law imposes a duty, and affixes a Duties imposed in by-laws, how perpenalty for refusal or neglect to perform the same, they may formed. therein provide, that in case of such refusal or neglect, the duty Ibid. 1s,~ 1S. may be performed by officers therein named, at the expense of the party liable to perform the same, and such expense may be recovered of him by the town in an action of contract in the name of the treasurer, but the amount recovered shall not exceed the penalty fixed in the by-law. 1 Chap. 18 of the General Statutes, and all other laws relating to towns, apply to cities so far as they are not inconsistent with the general or special provisions relating thereto; and cities are subject to the liabilities, and city councils have the powers of towns; the mayor and aldermen have the powers, and are subject to the liabilities of selectmen; and the city clerks, treasurers, and other city officers have the powers and duties of corresponding town officers, if no other provisions are made in relation thereto. Gen. Stats. c. 19, ~ 2. 472 ORDINANCES AND BY-LAWS. City officers may 9. The city marshal or other principal police officer, or the rG. S. 1, &~. city treasurer, may prosecute for all fines and forfeitures which may inure to the city or the poor thereof, and may also prosecute for trespasses committed on any public building or enclosure within the limits of the city. Fines and forfeit- 10. Fines and forfeitures imposed by chapter eighteen of G.. 18, ~so. General Statutes, except in cases otherwise provided for, may be recovered by complaint or indictment to the use of the commonwealth, or by action of tort to the use of the town where the offence is committed. Prosecutions 11. In all prosecutions before a police court or justice of the under by-laws may bediscontin- peace, under the by-laws of a city or town, the city solicitor, or ued by order of other person appointed by the board ( f aldermen or selectmen board of aldermen, &c. of such city or town, may enter a nolle prosequi, or do any other G.. 172, ~ 20. matter or thing which may be done by a district attorney in criminal prosecutions. olice court jurs- 12. The police court' of Boston has jurisdiction of all offences diction. G. S. 3, ~7, cl. 21. against the by-laws and ordinances of the city. 112, ~ 10. 13. By an act passed June 17, 1817, making certain pro120, ~ 40. How fines, &c,, visions respecting weights and measures, 4"and for the more shall be recovered and appropriated. easy recovery of fines and penalties within the town of Boston," 1817, c, 0, ~ 3. it was provided: That all fines, forfeitures, and penalties, accruing But see p. 323, ~ 51, asste. within said Boston, under the said act, or for the breach of any 1i Pick. 104. 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.2 ORDINANCE.3 Enacting style of SECTION 1. All the by-laws of the city shall city ordinances. Sept. 16, 1850. be denominated ordinances, and the enacting style shall be, "Be it ordained by the aldermen 1 zNow the municipal court. 2 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 vs. 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. For special provisions, as to public health, see ante, p. 323, ~ 51. 3 An ordinance in relation to the ordinances and by-laws of the city, passed September 16, 1850, and December 28, 1854. ORDINANCES AND BY-LAWS. 473 and common council of the city of Boston, in sept.16,1850. city council assembled, as follows." SECT. 2. All ordinances of the city shall be Ordinaces to be examined, recorded at length by the city clerk in a book enrolledand recorded. kept for that purpose, previous to which they Ibid' shall be examined by a joint 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, Ordinance and I the orders of board and the rules and regulations of the board f of ldermen tobe aldermen, shall be published and promulgated by Ibid. inserting the same two weeks successively 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 This provision to be directory and the second section are directory merely, and merely.: Ibid. a failure to comply with the same shall not affect the validity of any ordinance, or of any rules and regulations. SECT. 4. All fines and penalties for the viola- Finestoinureto the use of the city tion of any of the ordinances of the city council, xep.,. or any of the rules and regulations of the board of aldermen, when recovered, shall inure 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. 40* 474 OVERSEERS OF THE POOR. OVERSEERS OF THE POOR.1 STATUTES. 14. Board, how composed and 1. Incorporation of the overseers of elected. Vacancies, how the poor. filled. 2. Moneys and estates given, de- 15. Organization of the board. vised, &c., for the use of the 16. To report to city council. poor, vested in said corpora- 17. Old board to exist till new one tion. Proviso, that they shall is organized. not hold more than ~60,000. 18. Not to be interested in pur3. Shall have perpetual succes- chases or contracts. sion. May hold real estate 19. Increase of personal estate for not exceeding ~500 by the overseers of poor and trustees year. of Boylston fund. 4. Shall have a common seal, and 20. Minors under control of overmay make by-laws, &c. seers of poor not to be removed 5. Instruments made, and acts from State without authority done, shall be binding. from judge of probate. 6. Incorporation of the trustees of 21. Penalty for violation. John Boylston's charitable donations. ORDINANCE. 7. Bequests, &c., made by John 1. Committee on overseersof poor, Boylston, vested in said cor- how appointed. poration. 2. Duties of said committee. 8. Said corporation to have perpet- 3. Overseers to keep books of inual succession, and to hold vested funds. real and personal estate. 4. Books to be open to inspection 9. Shall have a common seal, and by city council. may make by-laws, &c. 5. Overseers to keep books with 10. Instruments and acts shall be full accounts of all applicants. binding. 6. Overseers to report quarterly. 11. Corporation authorized to bind 7. Also to make an annual report. out poor persons, &c. 8. Committee to examine books 12. Power of surrendering indigent once a month, and investboys to the Boston asylum for ments semi-annually. indigent boys, shall be exer- 9. Overseers to have charge of cised by the overseers of the charity building and tempopoor. rary home; and authority to 13. Overseers of poor- duties, make rules and regulations. rights, obligations, &c. 1 The legislature has, by various acts, transferred a large portion of the powers and duties of the overseers of the poor of Boston which they formerly possessed, to the directors of the house of industry, and by the act of 1857, c. 35, these powers and duties are transferred to " the board of directors for public institutions," who now perform in Boston most of the duties imposed upon overseers of the poor in the various towns by the General Statutes. The overseers of the poor of Boston, in practice, furnish " out OVERSEERS OF THE POOR. 475 STATUTES. 1. By an act passed April 25,1772, after reciting in a preamble Incorporation of that many charitably-disposed persons have given and bequeathed the oseers of considerable sums of money and other interest and estate to the 1772, April 23 and 25, ~ 1. poor of the town of Boston, and their use, and many other persons 225 ick. 122. were well inclined to make charitable donations to the same good See ~ 14 purpose, but the overseers of the poor of the same town not being incorporated, the good 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. That all and singular sum and sums of money, interest, and Money and estates estate, real or personal, of what name or nature soever heretofore given, evised, for the use of the given, or at any time hereafter to be given, granted, bequeathed, poor, vested in said corporation. or devised by any way or means whatsoever to the poor of the Ibid..~2. town or to their use, not exceeding the sums and value in this act hereafter mentioned, be and the same hereby is and shall be to all intents and purposes vested in the same overseers, and their said successors, in their said corporate capacity; and they are hereby enabled in the same capacity to receive,, manage, lease, let, and dispose of the same according to their best discretion, to and for the use and benefit of the poor of the said town; provided, always, that Proviso, that they door relief," and may send paupers to the house of industry. When received there, they come under the charge of the above-named directors. The overseers of the poor in the town of Boston were regularly incorporated for certain charitable purposes by the legislature in 1772, and it has been Judicially held that the provision in the City Charter, relative to overseers of the poor, was a continuance of the corporation so created in 1772, and not a dissolution or suspension of it. Overseers of the Poor of Boston vs. Sears, 22 Pick. 122 (1839). For change in the organization of the board of overseers, see act 1864, c. 128, post, ~~ 13, 18. The overseers of the poor, in their corporate capacity, continue to possess and exercise all the powers granted, and are subject to all the duties enjoined, by the several acts of May 25, 1772; 1802, c. 144; 1813, c. 171, which are seen in the text. See "House of Industry," and "House of Reformation," ante. For the general powers of overseers of the poor, see " Paupers," post. For an account of the trust funds controlled by the overseers, see " Manual of the Overseers of the Poor," published in 1866. 476 OVERSEERS OF THE POOR. shallnotholdmore the said overseers shall not be able to receive or be capable of Ibid. having or holding any moneys or personal estate of any kind or 772, April 23 and nature whatsoever, at any time above and beyond the sum and 2,~ 2. amount of sixty thousand pounds, lawful money of this province,1 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. Shall have perpet- 3. That the said overseers, and their successors in said office, ual cessi succession. Ibid. ~ 3. by the name aforesaid, have a perpetual succession, by that name, May hold real es- to sue or be impleaded; by its said corporate name to purchase ~0btate not eeding lands and hold them, not exceeding the sum of five hundred pounds, lawful 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 com- 4. That the said corporation shall have a common seal and mon seal, and may make by-laws, &c. power, and said corporation is hereby authorized to make by-laws Ibid. ~4. 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 shall be found necessary, and all or any of them again at pleasure to displace. Instruments made 5. That all instruments which said corporation shall lawfully and acts done shall be binding. make by the name aforesaid and sealed with their common seal, Ibid. ~ 5. and all acts done or matters passed upon by the consent of a major part of the said overseers for the time being, shall bind said corporation and be valid in law. BOYLSTON'S CHARITABLE DONATIONS. Incorporation of 6. By an act passed February 3, 1803, it was enacted: That the trustees of John Boylston's Oliver Wendell, William Cooper, Ebenezer Storer, and William charitable dona- Smith, all of Boston, and John Pitts, of Tyngsborough, in the tions. 1803, c. 44,1. county of Middlesex, esquires, and the survivors and survivor of 1 See post, chap. 183, acts of 1868, p. 480, ~ 19. OVERSEERS OF THE POOR. 477 them, together with the overseers of the poor of the town of Bos- 1803, c. 44, ~ I. ton, 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, are 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, and by that name and title shall have perpetual succession. 7. All the bequests,l devises and donations made and granted Bequests, &c., made by John Boylston by John Boylston, late of Bath, in the kingdom of Great Britain, vested in said cordeceased, for the purposes above mentioned, be and they hereby poration, are vested in the said corporation, to be held and disposed of by them conformably to the directions of the said will. And the said corporation shall insert among their records a copy of this 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 shall conform to and be governed by the directions therein contained. 8. The said corporation shall have a perpetual succession by Said corporation to the name and title aforesaid, to sue or be impleaded; to purchase svesiopetuand to and hold lands, or other real estate, not exceeding the value of hold realand personal estate. three thousand dollars, by the year; to hold personal estate not Ibid. ~3. exceeding the value of sixty thousand dollars; 2 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 shall judge best to carry into effect the charitable intentions of the said will; and the real or personal estate which the said corporation are hereby empowered to hold shall not be considered as part of that which the overseers of the poor of the town of Boston are already empowered by their former act of incorporation to hold; but as altogether distinct and separate from the same. 9. The said corporation shall have a common seal, with power Shallhave a to break and alter the same; and said corporation is hereby author- emaymakeel and ized to make by-laws and private statutes and ordinances, not laws, c. Ibid. ~ 4. repugnant to the laws of the land, for the better government of ~4 said corporation and its finances; to choose a treasurer, clerk, and other subordinate officers, as from time to time shall be found necessary, and all or any of them again at pleasure to displace. 1 See John Boylston's will, Suffolk Probate Court, vol. 94, p. 17. 2 See post, chap. 183,1868, p. 480, ~ 19. 478 OVERSEERS OF THE POOR. Instruments and 10. That all instruments which said corporation shall lawfully acts shall be bindactssain - make by the name aforesaid, and sealed with their common seal, 1803, c. 44, ~ 5. and all acts done or matters passed upon by the consent of a major part of the members of said corporation, shall bind the said corporation and be valid in law. Corporation au- 11. By an additional act, passed February 26, 1814, the lastthorized to bind out poor persons, mentioned corporation are authorized and empowered to bind out orphans, &c. in virtuous families, or to reputable trades, or useful arts or occu1813, c. 171. pations, such poor persons, orphans, or deserted children as receive, or may hereafter receive, the benefit of the said Boylston's charitable donations, until they arrive at the age of twenty-one years, in such manner as to the said corporation may seem expedient; and for this purpose shall have authority to establish any rules and regulations, and enter into any indenture or covenant relative to such objects, not repugnant to the laws of this commonwealth, as the said corporation may deem necessary or expedient. Power of surren- 12. The power recognized in the act to incorporate the Boston dering indigent boys tothe Boston asylum for indigent boys (1813, c. 153), of the parent or guardian asylum shall be of any indigent boy or boys, to surrender in writino him or them exercised by theJ J? overseers of the to the managers of said asylum, for the purposes mentioned in or.u see8 3, c 53. said act shall, in case said boy or boys have no parent or guardian But see 1&35, c. 28, c di ~4. within the city of 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 Overseers of poor; 13. By an act passed April 2, 1864, it was provided that the duties, rights, obligtltiens,.'o" overseers of the poor in the town of Boston, incorporated on the si8;4, c. 128, ~ 1. twenty-fifth day of April, in the year one thousand seven hundred and seventy-two, shall be known and called by the name of " The 1 The power referred to in the text is as follows: "They shall likewise have authority, at their discretion, to take into their asylum such indigent boys belonging to the town of Boston as they may judge to be suitable objects of charity, to enjoy the benefit of the institution; and also to accept a surrender in writing by the father, or where there is no father, by the mother or guardian of any indigent boy as aforesaid, to the care and direction of said society, and to bind out in virtuous families, or to reputable trades or occupations, or to educate in such manner as they may deem beneficial, until the age of twenty-one years, any such indigent boy or boys, thus surrendered, or any such boys who, being destitute of parents within this commonwealth, shall have been relieved and supported by the society; provided, that any parent whose child or children shall have received relief, or have been bound out as aforesaid, during the absence of such parent from this State, shall have liberty on his or her return to the State, to receive and withdraw such child or children on paying to the treasurer of the society the expense incurred in his or their relief and support as aforesaid." For enactments respecting the Boston asylum and farm school, see acts 1813, c. 153; 1823, c. 53; 1833, c. 135; 1835, c. 28; 1838, c. 16; 1854, c. 71. OVERSEERS OF THE POOR. 479 overseers of the poor in the city of Boston," and as such shall 1864, c. 128, ~ 1. continue to hold and possess all the property, and be entitled to all the rights and privileges, and be subject to all the duties, liabilities and obligations, which now belong or appertain to said corporation, whether as successors of the corporation above mentioned, or as successors of the corporation or body politic incorporated by the forty-fourth chapter of the acts of the year eighteen hundred and two, by the 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," including the faithful administration and execution of all the trusts, bequests, legacies, endowments, and charities confided to them, which have been heretofore, or shall hereafter, be accepted by them. 14. The said overseers of the poor in the city of Boston shall Howeomposedand consist of twelve persons, residents of the city, and be elected by elected. Vacancies. the city council of said city of Boston, by concurrent vote, in the Ibid. ~ 2. following manner, within sixty days next after this act shall take effect: The said city council shall elect four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty-seven, and until other persons are elected in their places; four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty-six, and until others are elected in their places; and four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty-five, and until others are elected in their places: and thereafterwards, annually, on the first Monday in February, or within sixty days thereafter, four persons to hold their office for the term of three years from and after the first Monday in April next following such elections, respectively, and until other persons are elected in their places. Vacancies occurring in said corporation, from any cause, may be filled by said city council, in like manner, at any time; and the person elected to fill any vacancy shall hold his office during the term for which his predecessor was elected. The city council shall also have power, at any time, for cause, to remove either of said overseers from office. 15. The persons so first elected as overseers of the poor in the Organization of city of Boston, shall meet and organize on the first Monday of the the board. Zn I~YV VLI VIIV I_-LLNV ~-ILVII~),CYJ Ibid. ~ 3. month succeeding their election,' and those thereafterwards elected shall meet for that purpose on the first Monday in April of each year. They shall choose a chairman from their own 1 The overseers of the poor provided for in this act were duly chosen by the city council June 16, 1864, and were organized on Monday, July 4, 1864, by the choice of Robert C. Winthrop as chairman, John W. Warren, M. D. treasurer, and John Pratt, secretary. 480 OVERSEERS OF THE POOR. 1864, c. 128, ~ 3, number, and a treasurer, secretary, and such subordinate officers as they may deem expedient, and shall define their duties and fix their respective salaries. To report to the 16. Said overseers shall render such accounts and reports of city couneil. Ibid. ~4. their expenditures, acts, and doings, as may be required by the city council, and the same shall be audited and allowed, if according to law, in such manner as the city council shall from time to time determine. Old board to exit 17. The present members of the corporation shall hold their until new one is organized. office until others are elected in their places, under the provisions Ibid. ~ 5. of this act. Not to be interested 18. No one of said overseers, nor any individual in their in purchases or contracts employ, shall be interested in a private capacity, directly or indiIbid.~6. rectly, in any contract or agreement for labor or for articles furnished by direction of said overseers, unless the same be expressly authorized by a recorded vote of the board. Increase of perso- 19. By an act passed May 8, 1868, the overseers of the poor in nal estate. 1868, c.183, ~1. the city of Boston, a corporation duly established by law, were authorized to hold personal estate not exceeding the amount of three hundred thousand dollars, in addition to the amount authorized by an act passed on the twenty-fifth day of April, in the year seventeen hundred and seventy-two, entitled "'an act for incorporating the overseers of the poor in the town of Boston "; and the overseers of the poor in the city of Boston, acting by virtue of the sixth chapter of the acts of the year eighteen hundred and three, entitled an " act to incorporate Oliver Wendell and others, together with the overseers of the poor of the town of Boston," for the time being, 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," and were further authorized to hold personal estate not exceeding the value of one hundred thousand dollars in addition to the amount authorized by said last named act. Minors under con- 20. By an act passed June 4, 1868, it was provided that it trol of overeers of shall be unlawful for the overseers of the poor, of any city or poor not to be removed from State town, to remove beyond the limits of this commonwealth, any Twithout authority ithfrom judge opro- minor under their control, or cause or allow the same to be done, from judge of'pro-, d bate. or to withhold information concerning the maintenance of such Provisos. 1868, c. 279, ~ 1. minor, from any person entitled to receive the same; provided, that the judges of probate may, upon application of the overseers of the poor of any town in their respective counties, upon a hearing thereon, after due notice to all parties interested, authorize such removal to be made; and provided, firther, that this act shall not apply to minors who have a settlement in other States.' k See stat. 1868, c. 328, 2, "Paupers" post. OVERSEERS OF THE POOR. 481 21. Any overseers of the poor violating the provisions of the Penalty for violation. preceding section, shall be punished by a fine not exceeding five 1868,. 279, ~ 2. hundred dollars. ORDINANCE.1 SECTION 1. In the month of January, in each committeeon overseers appointyear, there shall be appointed a joint committee ed(. *7? -1-1- J ~~~~~~~~~~~~~June 15, 1864. of the city council, to be called the committee on the overseers of the poor. SECT. 2. All matters within the control and Dutiesof said committee. jurisdiction of the city council, relating to the Ibid. overseers of the poor, and to paupers, and poor and destitute' persons, and the city temporary home, shall be referred to said committee, unless otherwise ordered by the city council, and said committee shall perform such duties as are hereinafter provided for. SECT. 3. The overseers of the poor shall cause Overseers to keep books. Form of to be kept, in a neat and methodical style and booksfor invested funds. manner, a complete set of books, under the direc- Ibid. tion of said committee, wherein shall be stated, in detail, among other things, the mode in which all funds in their hands are invested and how they are secured, the amount and dates of all receipts and expenditures, and to whom and from what funds all payments of money are made, and they shall preserve in a safe and careful manner all papers, property, evidences of property, vouchers, and other things entrusted to, and deposited with them. They shall also state and enter in 1 An ordinance relating to the overseers of the poor, passed June 15, 1864; amended November 26, 1867, April 11, 1868, March 5, 1869. 41 482 OVERSEERS OF THE POOt. June 15, 864. said books whatever other particulars said committee shall direct, relating to any property or moneys in their hands, entrusted to them or expended under their direction, so that said books may exhibit clearly, completely, and in detail, all matters connected therewith. amiBs maynd in- SECT. 4. All said books, papers, and property, cspetecity and the book or books hereinafter provided for, Ibid. may at any time be inspected or examined by the mayor, by said committee, or by any committee or person whom the mayor, the board of aldermen, or the common council, may direct or appoint to inspect and examine the same. Books to be kept SECT. 5. The overseers shall also cause to be wito full accounts of applicants. Formofooks. kept, in a neat and methodical style and manner, Ibid. another book or set of books, under the direction of the said committee, wherein shall be stated, among other things, the name, residence for as long a period as can be conveniently ascertained, birthplace, occupation, property or means of support, name of the husband or wife, number, names, residences, and occupation of children, if any, and, so far as can be conveniently ascertained, and shall be of importance for determining settlements or other matters, the names and residences of, and other information in regard to, the ancestors of every person to whom relief or assistance may be given or refused, whether such persons are married, or not, the nature and amount of such relief or assistance, and the cause or ground upon which the same is given or refused, and the source or fund from which it OVERSEERS OF THE POOR. 483 is taken or derived, and all other particulars or June15,1864. information which it is for the public interest to preserve, or which said committee may direct or request, so that said book or books may present, in a clear, complete, and detailed manner, and in such a form as to be readily found, all information which may be of value to the city or the commonwealth, in regard to persons to whom relief is given or refused. SECT. 6. Said overseers shall, on the first Overseers toreport to city council Mondays of August, November, February and quarterly. June 115,1864. May, in each year, present to the city council a April'l1868* brief and condensed report of their doings, receipts and expenditures, during the three months ending with the last day of the preceding month, showing concisely and in such form and with such classification as they may deem expedient, or said committee may direct, their receipts and expenditures, and the number and description of the persons relieved, without naming them, and the kind of relief given. SECT. 7. On the first Monday of May, in each Overseersto make an annual reyear, they shall submit a report of their doings, port. June 15, 1864. receipts and expenditures, for the year ending Nov. 26,1867. with the thirtieth day of the preceding April, containing, under some convenient classification, the facts and information comprised in their four preceding quarterly reports, together with a statement of all moneys, property or investments, remaining in their hands, and such information and suggestions as they may deem it expedient to present to the city council, or may be requested 484 OVERSEERS OF THE POOR. une 15,1864. by the mayor or city council, or by said committee, Nov. 26, 1867. to furnish, and they shall, whenever requested by the mayor or city council, communicate such information as may be desired by either. Committee shall SECT. 8. On the second Monday of each oouallyxmine month said committee shall examine all said istments books, and ascertain whether the same have been kept in conformity with the provisions hereof, whether all payments and expenditures for the month ending on the last Monday of the preceding month have been legally made and are properly vouched, and whether relief and assistance have been legally granted or refused. At least twice in each year, once in the month of January, and once in the month of June, said committee shall examine and investigate the condition and investment of all property entrusted to, and deposited with, the overseers. And if, on any of such examinations, it appears that any payment or expenditure has been illegally made, or is not properly vouched, or that any assistance or relief has been illegally granted or refused, or that due care is not taken in regard to gthe management, preservation, or investment of said property, or that all said books are not properly kept, according to the provisions hereof, said committee shall thereupon report the same to the city council for their action, and may make such reports and suggestions upon any matter as they shall deem expedient. verseers to have SECT. 9. The overseers of the poor shall have charge of charity building and tem- charge of the charity building and temporary PAUPERS. 485 home on Chardon street, and shall have power to porary home, and authority to make make and enforce all such proper rules and regu- ruleC andregulalations as they may deem expedient in relation March5,189-. thereto. They shall, from time to time, determine what societies are to be permitted to occupy the building, and on what terms and for what length of time they may occupy it; and what proportion of the current expenses of managing, heating and lighting the same, and of all other expenses, except rent, shall be paid by each. Such occupants may be removed at the pleasure of said overseers; but no such rule or regulation shall be in force after the same is disapproved by the city council, and no assignment of rooms shall be made without the concurrence of the committee on the overseers of the poor. PAUPERS. STATUTES. 13. Recovery to establish settleSupport of Paupers by Cities and ment. Towns. 14. Liability when the pauper is re1. Towns to support poor. moved, &c. 2. Powers and duties of overseers 15. Overseers shall support, and in of the poor. case of decease bury, indi3. Same subject. gent strangers. Compensation 4. Certain kindred to support, &c. therefor. 5. Superior court may assess such 16. Towns liable to individuals. kindred for past expenses. 17. Paupers may be removed, &c. 6. May also assess, for future ex- 18. Process in cases of removals; if penses. a removal is not made or 7. Costs, how taxed. objected to by the town noti8. Court may order with whom fied, then, &c. pauper shall live. 19. Effect of notifications, &c., sent 9. Proceedings on complaints. by mail. 10. Other kindred than those 20. Penalty for leaving paupers named may be summoned. where not settled, &c. 11. Court may make new orders. 21. Overseers of poor may sell estate 12. Overseers to provide for im- of deceased paupers, and apmediate relief of strangers, ply proceeds to reimburse ex&c. penses. 41* 486 PAUPERS. 22. Overseers may prosecute, &c. 45. Removal of paupers to another State. Returns to be made by Overseers of 46. State lunatic paupers may be the Poor, &c. sent where they belong. 23. Overseers of poor to keep re- 47. Overseers to perform duties of cords of support, &c. superintendent of alien pas24. To make returns to secretary of sengers in certain cases. boards of charities. 25. Penalty for failure. Bastard Children. 26. Penalty on directors, &c., for 48. Who may complain if the not making returns. woman refuses or neglects. 27. Secretary to prepare abstract of 49. Who may complain when the returns annually. woman is in State almshouse, 28. Strangers, &c., where inquests Raynsford Island, or Deer are held, burial of, by whom Island. paid. 50. Complaint not to be settled 29. Cities may send State paupers without consent of overseers to State almshouses. of the poor or other persons. 30. May send sick State paupers to 51 Settlement made by mother and Raynsford Island. father not to relieve the father 31. Admission of sick persons to from his liability to city, &c. almshouses. 52. Party charged as the father of 32. State to reimburse expense. child and committed to jail 33. Penalty for violation of act. may take poor debtor's oath. 34. Luhatics, dangerous, not to be 53. Mother, city, &c., to have rensent to State almshouses. Be- edy against father after takcoming furious, to be removed ing oath. to State lunatic hospitals. 54. Certain public officers may 35. Idiots having no known settle- compromise prosecutions. ments may be sent to State Other provisions of law, note. almshouses. 36. When almshouses are full, cities, Commitment, Support, Discharge, etc., &c., to take charge of State of Insane in State Lunatic Hospitals. paupers at' expense of State. 55. Insane persons, how commitNotice thereof. ted. Certificate and state37. Cities, &c., liable for support of ment to be filed, note. their paupers in State alms- 56. When judge of municipal court houses. may commit insane persons. 38. Husband and wife to be sup- 57. Notice to be given to mayor. ported where she has a set- 58. Cases, how and where heard by tlement. court. 39. Expense to be paid by State. 59. Fees of officers. 40. Convicts disabled on expiration 60. Pauper insane, may be sent to of sentence, how provided for. hospital by overseers of the 41. No allowance for State paupers, poor. except, &c. 61. Expense of persons having 42. Accounts of cities, &c., against known settlements, by whom State, how audited, &c. paid. 43. Paupers may be sent out of 62. Expense of those having no State, &c. known settlements, by whom 44. Foreign paupers may be sent paid. where they belong by order of 63. How harmless incurable insane court. may be discharged. PAUPERS. 487 64. After discharge and removal 88. Minors under control of overmay be recommitted. seers of poor. Not to be re65. How other insane or idiots may moved from State, without be discharged or removed, authority from judge of pro66. Same subject, and note. bate. Proviso. 67. Expense of clothing, burial, 89. Penalty for violation &c., by whom paid. 90. Apprenticeship discharged by 68. Remedy of towns for expense death of master. of lunatics committed to hos- 91. Foregoing provisions shall appitals. ply, &c. 92. Common-law right. Apprentices cand Servants. 93. Powers and duties, in whom 69. Minors may be bound as ap- vested in cities. prentices or servants. Settlement of Paupers. 70. How bound when under four- Settlements, how acquired: teen years.. By married women. 71. When above fourteen. 2. By legitimate children. 72. Overseers of poor may bind. 3. By illegitimate children. 73. Until what age and upon what 4. By living on freehold esterlms. tate, &c. 74. Indenture to be of two parts, 5. By being assessed five &c'. successive years, &c. 75. One part to be kept for minor. 6. By seving one year in 76. MIoney, &c., to be for use ofcertain town offices. apprentice. 7. By settled and ordained 77. Parents, selectmen, &c., to in- ministers. quire into treatment of chil-. By persons admitted indren. habitants by vote. 78. Comlplaint for misconduct of 9. By incorporation of an master or servant may be unincorporated place. filed in superior court, &c. 10. Where to be upon di79. Court may discharge appren-vision or incorporationof tice, &c. town. 80. May award costs. 11. Acquired by serving ap81. Master liable to action on in- prenticeship four years, denture.. 82. By whom. action may be 12. By residence and paying brought. taxes. 83. Proceedings therein, when 95. Provision for persons who have brought by overseers. begun to acquire settlements. 84. Limitation of action by appren- 96. Settlements to continue until, tice.&c. 85. If judgment for plaintiff, court 97. Soldiers and sailors to have may discharge apprentice. legal settlements. 86. Master to have bond for service. 98. Soldiers and sailors may have Proviso. Minor to have bond settlements, where they of master. Proviso. formed a portion of the quota. 87. Custody of bond for use of 99. When no settlement will be minor. allowed. 488 PAUPERS. STATUTES. Towns to support 1. Every city and town shall relieve and support all poor and poor. G.. 70, ~1.* indigent persons lawfully settled therein, whenever they stand in need thereof. Powers and duties 2. The overseers of the poor shall have the care and overof overseers of the poor.0 ~ sight of all such poor and indigent persons, so long as they remain poor. s. 10 ~ 2. G. S.70, ~2. at the charge of their respective cities or towns, and shall see that 1 Pick. 123. 20 Pick. 267. they are suitably relieved, supported, and employed, either in the 7 N. H. 213. workhouse or almshouse, or in such other manner as the city or 7 Allen, 285. town directs, or otherwise, at the discretion of said overseers. 8Allen, 73. They may remove to the almshouse such children as are suffering destitution from extreme neglect of dissolute or intemperate parents or guardians. Same subject. 3. The overseers of the poor shall have the same power and G. S. 70, ~ 3. authority over persons placed under their care, which directors or masters of workhouses have over persons committed thereto. Certain kindred to 4. The kindred of such poor persons, in the line or degree of support, &c. Ibid. ~4. father or grandfather, mother or grandmother, children or grand10 Cush. 239. children, by consanguinity, living in this State, and of sufficient 3 Allen, 515. 6 Allen, o85. ability, shall be bound to support such paupers, in proportion to 8 Allen, 551. their respective ability. Superior courtmay 5. The superior court in the county where any one of such assess kindred for past expenses. kindred, to be charged resides, upon complaint of any city, town, G. s. 70, ~. or kindred, who shall have been at expense for the relief and supQuincy's Mass. Reports, 12, 66, port of such pauper, may, on due hearing, assess and apportion 3 ass. 4364: upon such of the kindred as they shall find to be of sufficient 5 Gray, 28. ability, and, in proportion thereto, such sum as they shall deem 10 Cush. 239. 11 ush. 24. reasonable for or towards the support of the pauper to the time of such assessment; and may enforce payment thereof by 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. ay also assess for 6. The court may further assess and apportion, upon-said future expenses. G.S. 70, ~6. kindred, such weekly sum as they shall deem sufficient for the future support of the pauper, to be paid quarter-yearly until the further order of court; and upon application, from time to time, of the city, town, or kindred, to whom the same is ordered to be paid, the clerk of said court shall issue and may renew an execution for the arrears of any preceding quarter. * 9 Met. 495; 5 Gray, 28; 6 Gray, 416, 420; 3 Allen, 515; 5 Allen, 576; 7 Allen, 284. PAUPERS. 489 7. When the court adjudges two or more of the kindred of a Costs, how taxed. pauper to be of sufficient ability to contribute to his support, they G.. 70, ~7. shall tax no more costs against any one respondent than is occasioned by his default or separate defence. 8. The court may further order with whom of such kindred, Court may order with whom pauper that may desire it, such pauper shall live and be relieved, and shll ive. such time with one, and such time with another, as they shall Ibid.~s. deem proper, having regard to the comfort of the pauper as well as the convenience of the kindred. 9. The complaint made, as provided in section five, shall be Proceedings on filed in the clerk's office, and a summons shall be thereupon issued complaints. Ibid. ~ 9. requiring the kindred therein named to appear and answer thereto; which summons shall be directed to any officer qualified to serve civil process between the parties, and served like an original summons, fourteen days at least before the sitting of the court to which it is returnable. 10. Upon suggestion that there are other kindred of ability Other kindred than those namsed not summoned in the original process, they may be summoned, maybe su.mone(l. and, after due notice, whether they appear or are defaulted, the Ibid.~10. court may proceed against them in the same manner as if they had been summoned upon the original complaint. 11. The court may take further order from time to time in Court may make new orders. the premises, upon application of any party interested, and may Ibid, ~ 1. alter such assessment and apportionment according to circum- 10Allen,68. stances; and upon all such complaints they may award costs to either party'as justice requires. 12. Said overseers, in their respective places, shall provide oveseers may provide for immediate for the immediate comfort and relief of all persons residing or relief of strangers, found therein, having lawful settlements in other places, when'C they fall into distress and stand in need of immediate relief, and until they are removed to the places of their lawful settlements; the expenses whereof, incurred within three months next before notice given to the place to be charged, as also of their removal or burial in case of their decease, may be recovered by the place incurring the same against the place liable therefor, in an action at law, to be instituted within two years after the cause of action arises, but not otherwise.1 * 3 Mass. 436; 4 Mass. 273; 5 Mass. 86, 325, 434; 6 Mass. 501; 8 Mass. 104; 10 Mass. 411; 11 Mass. 483, 327; 12 Mass. 262, 307, 316, 355, 452; 13 Mass. 501, 547; 14 Mass. 184, 186; 15 Mass. 248; 16 Mass. 102,110; 1 Pick. 123, 470; 2 Pitk. 341; 4 Pick. 358; 5 Pick. 190; 8 Pick. 388, 563; 10 Pick. 22,150; 12 Pick. 1; 15 Pick. 19; 17 Pick. 68; 23 Pick. 159; 4 Met. 178, 278, 433; 8 Met. 564; 9 Met. 589; 13 Met. 192; 2 Cush. 52; 1 Gray, 515; 5 Gray, 390; 11 Gray, 107; 13 Gray, 589; 1 Allen, 23; 4 Allen, 574; 5 Allen, 576; 7 Allen, 284; 8 Allen, 73. 1 In addition to the statute remedy, it has been settled by the supreme court, that when the overseers of the poor relieve the wants of the wife 490 PAUPERS. Recovery torstab- 13. A recovery in such action shall bar the place against issettlement. which it shall be had from disputing the settlement of such G. S. 70, ~ 13. pauper with the place so recovering, in any future action brought for his support. Liability when 14. When a person is supported in a place other than that in pauper is removed, &e. which he has his settlement, the place liable for his support shall Ibid. ~14. not be required to pay therefor more than at the rate of one 4 Pick. 45. 7 Pick. 155. dollar a week; provided, that the place so liable shall cause the 21 Pick. 49. pauper to be removed within thirty days from the time of receiv8 Cush. 371. ing legal notice that such support has been furnished. overseers shall 15. The overseers of the poor of each place shall also relieve, support, and in case of decease support, and employ, all poor persons residing or found therein, bury, indigent having no lawful settlements within this State, until their removal strangers. Compensation therefor. to a State almshouse, and in case of their decease, shall decently Ss7,cS.97, ~5. bury them; the expense whereof may be recovered of their kindred, if they have any chargeable by law for their support in the manner hereinbefore provided; and if, in case of their burial, the expense thereof is not paid by such kindred, there shall be paid from the treasury of the commonwealth ten dollars for the funeral expenses of each pauper over twelve years of age, and five dollars for the funeral expenses of each pauper under that age.1 Towns liable to in- 16. Every city and town shall be held to pay any expense dividuals. G. S 0, ~ 16.* necessarily incurred for the relief of a pauper therein by any person who is not liable by law for his support, after notice and request made to the overseers thereof, and until provision is made by them. Paupers may be re- 17. The overseers of any place may send a written notificamoved, &c. CG.S., ~17. tion, stating the facts relating to any person actually become 23 Pick. 156. chargeable thereto, to one or more of the overseers of the place 4 Met. 431. 13 Met.199. where his settlement is supposed to be, and requesting them to 8 Mass. 104. 6i ass.104. remove him, which they may do by a written order directed to 5 Mass. 8. any person therein designated, who may execute the same. 5 Allen, 545. whose husband has a legal settlement in another town, an account lies at common law for the town whose overseers furnished the relief, against the husband, notwithstanding the statute remedy against the town wherein he is settled. Inhabitants of Hanover vs. Turner, 14 Mass, 227, (1817.) See, also, City of New Bedford vs. Chace, 5 Gray, 28, (1855,) and Inhabitants of Monson vs. Williams, 6 Gray, 416, (1856). 1 For the expense of burying persons who die in prisons, see " Houses of Correction and Jails," ante, p. 388, ~ 63. For the dispositions of the bodies of such persons dying in almshouses, &c., as are required to be buried at the public expense, see "Health," ante, p. 327, ~ 70. * 2 Mass. 547, 564; 5 Mass. 244, 328; 15 Mass. 286; 4 Pick. 101; 7 Pick. 333; 10 Pick. 24; 18 Pick. 470; 19 Pick. 473; 20 Pick. 506; 7 Met. 216; 9 Met. 492; 4 Cush. 199; 6 Cush. 399; 10 Cush. 3; 8 Allen, 73; 9 Allen, 134; 14 Allen, 30. PAUPERS. 491 18. If such removal is not effected by the last-mentioned over- Process in case of removals. seers within two months after receiving the notice, they shall, If a removal isnot within said two months, send to one or more of the overseers made or objetedto by the town notirequesting such removal, a written answer, signed by one or more ied, then, &c. of them, stating therein their objections to the removal; and if G. S. 70, ~ 18. they fail so to do, the overseers who requested the removal may 4 Mass. 180, 273. 8 Mass. 104. cause the pauper to be removed to the place of his supposed settle- 16 I ass.426. ment, by a written order directed to any person therein desig- 17 Mass. 42. NJ C1 zn IVULI. L~~IL MIVVVV VV CI~UI rVNVLLVIIVCVIL17 Pick. 68. nated, who may execute the same; and the overseers of the place 19Pick. 159. to which the pauper is so sent shall receive and provide for him; 23Pitk. 41. and such place shall be liable for the expenses of his support and 10 Cusih. 408. removal, to be recovered in an action by the place incurring the 9 Gray, 515. same, and shall be barred from contesting the question of settlement with the plaintiffs in such action. 19. The notification and answer mentioned in the two preced- Effects of notifications, &c., sent by ing sections may be sent by mail; and such notification or answer, mail. directed to the overseers of the poor of the place intended to be G. S 70, ~ 19notified or answered, postage prepaid, shall be deemed a sufficient notice or 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 place to which it is directed and in which the overseers reside. 20. Whoever brings into and leaves any poor and indigent Penaltyfor leaving. paupers where not person in any place in this State, wherein such pauper is not law- settled, &c. fully settled, knowing him to be poor and indigent, and with intent Ibisd ~2 to charge such place with his relief or support, shall forfeit a sum 11 Mass. 441. not exceeding one hundred dollars for each offence, to be recovered 16 Mla,93' 1 Pick. 465. in an action of tort to the use of such place. 2 Pick. 28. 21. Upon the death of a pauper who, at the time of his decease, 2ov.rseieofpoor is actually chargeable to any place within this State, the overseers may sell estate of ~.-,zD~~~~~~~~~~~~ n i i 11* n 1-1 ideceased paupers, of the poor of such place may take possession of all his real and and apply proceeds personal property; and if administration is not taken upon his to reimburse expenses. estate within thirty days after his decease, the overseers may, in G. S. 70, ~ 21. their own names, sell and convey so much thereof as may be Pick. 462. necessary to repay the expenses incurred for the pauper. If any 3 Allen, 515. part of such property is withheld from said overseers, they may, in their own name, sue for and recover possession of the real estate, and shall have the same remedy for the recovery of the personal estate or its value, that an administrator might have in like case. 22. In all actions and prosecutions founded on the preceding Overseers may provisions of this chapter, the overseers of the poor of any place, psecute~ &c. or any person by writing under their hands appointed, shall appear, prosecute, or defend the same to final judgment and execution, in behalf of such place. 23. It shall be the duty of overseers of the poor, in all the Overseers of poor 492 PAUPERS. to keep records. cities and towns of this commonwealth, to keep full and accurate 187c209 records of the paupers fully supported, the persons relieved and partially supported, the travellers and vagrants lodged at the expense of said cities and towns, together with the amount paid for such support and relief. To make annual 24. Such annual returns of the number, sex, place of settlereturns to secretary of State charities. ment, place and cost of support, sanity and temperance of the Ibid. ~ 2. persons supported and relieved by towns and cities, and such other particulars concerning them as may be required by the board of State charities, shall be made by the overseers of the poor to the secretary of said board on or before the twentieth day of October in each year, and shall relate to the year ending on the thirtieth day of September preceding. Penalty for ne- 25. If the overseers of any town or city shall refuse or neglect glect. Ibid. ~ 3. to comply with the requirements of this act [chap. 209, 1867], said town or city shall forfeit the sum of one dollar for each day's neglect, and the amount of such forfeiture shall be deducted from any sum to which said town or city may be entitled in reimbursement for relief of State paupers, as provided in chapters one hundred and sixty-two, of the acts of the year eighteen hundred and sixty-five, and two hundred and thirty-four, of the acts of the year eighteen hundred and sixty-six; and in case no such reimbursement shall be due to said town or city, the forfeiture shall be deducted from any money which may be due such town or city from the State. Penalty for not 26. If the board of directors for public institutions of the city making return. G. S.70, ~24. of Boston, or the overseers of the poor of any other city or town, 18e2,c. 112, ~ l refuse or neglect to make any of the returns as aforesaid, they See 1867, c. 209, i ante ~ 25. shall forfeit a sum not less than fifty, nor more than one hundred dollars, for each offence; and the secretary of the commonwealth shall forthwith notify the district attorney of the district in which such directors or overseers reside, of such refusal or neglect, and he shall immediately prosecute for the same. Secretary to pre- 27. The secretary shall, as soon after the fifteenth day of ae astractnof October of each year as practicable, make out an abstract of the (G. s. ~25. returns made to him, together with such explanatory remarks as he deemls proper, and cause the same to be printed for the use of the legislature. Coroner, when 28. When a coroner takes an inquest upon the view of the to bury the body, &c. Costs, how dead body of a stranger, or being called for that purpose does not paid. deem it necessary, on view of such body, that an inquest should G. S. 175, ~ 14. be taken, he shall cause the body to be decently buried, unless its dissection has been allowed by lawful authority; and if the coroner certifies that, to the best of his knowledge and belief, the person found dead is a stranger not belonging to this State, the expenses PAUPERS. 493 of burial and of the inquisition, if any is taken, and other necessary G. s. 175, ~ 14. expenses, with the coroner's fees, shall be paid from the State treasury. In all other cases the expenses of the burial shall be paid by the town or city where the body is found, and all other expenses by the county. 29. The several cities and towns may, at their own expense, Cities and towns send to the State almshouses, to be maintained at the public pauyperto State charge, all paupers who may fall into distress therein, not having almshouses, etc. G. S. 7, ~ 36. a settlement within the commonwealth; that is to say, the cities and towns in the counties of Suffolk, Middlesex and Essex, may send such persons to the State almshouse at Tewksbury; the cities and towns in the counties of Norfolk, Bristol, Plymouth, Barnstable, Nantucket, and Dukes county, to the State almshouse at Bridgewater; and the remaining cities and towns, to the State almshouse at Monson; provided, that the alien commissioners1 may direct the mayor of any city or the overseers of the poor of any town, to send such paupers to either of the State almshouses; and if any place is so directed to send a pauper to a greater distance than would be required by the preceding provisions of this section, the necessary additional expense shall be paid by the State. 30. The board of alien commissioners 1 may allow any city or Commissioners town in the State to send sick State paupers to the hospital at tmosynl s'ickpau Raynsford Island, and such paupers, their kindred, and the pers to hospital. Ibid. ~ 30. places of their settlement, shall be subject to the same liability as if they had been sent to a State almshouse, to be enforced in like manner. 31. No city or town authorities shall be allowed to send to Admission of sick into almshouse. either of the State almshouses any person infected with small-pox 18s6, c. 162, ~ i. or other disease dangerous to the public health, nor any other sick person whose health would be endangered by removal; but all such persons, liable to be maintained by the commonwealth, shall be supported during such sickness by the city or town in which they are taken sick, and notice of such sickness shall be given to the board of State charities, who shall have authority to examine the case, and order the removal of the patient if they deem expedient. 32. Thu expense incurred by any city or town under the pro- State to reimburse visions of the first section of this act,2 after notice shall have been expenseI Ibid. ~ 2. given as therein required, and the bills for said support having been approved by the agent of the board of State charities, shall be reimbursed by the commonwealth to an amount not exceeding 1 On the first day of October, 1863, the powers then belonging to the board of alien commissioners and to the superintendent of alien passengers were transferred to the " Board of State Charities." See act of 1863, c. 240. 2 Sect. 31 in the text. 42 494 PAUPERS. 1865, c. 162, ~ 2. at the rate of the average weekly cost of the support of similar patients at the Raynsford Island hospital. Penalty for viola- 33. Any mayor or overseer of the poor who shall knowingly tion of act. Ibid. ~ 3. offend against the provisions of the first section of this act1, shall be subject to a penalty of not less than fifty, nor more than one hundred dollars. Not to send luna- 34. No city or town shall send to either almshouse any person tics who are dangerous. Inmates who, by reason of insanity, would be dangerous if at large. And becomingfuriously if an inmate of such establishment becomes so insane, the inspecmad may be sent to State lunatic tors thereof may apply to the judge of a police court, or any two hospitals. justices of the peace, and of the quorum, in the county in which G. S. 71, ~ 37. the institution is situated, who shall have the same power and authority in regard to such application and the commitment of such person to either of the State lunatic hospitals, as judges of probate courts have in regard to lunatics furiously mad; provided, that it shall not be necessary to give notice of such application to the officers of any place. Idiots having no 35. When it is made to appear on application in writing to known settlement may be sent to any two justices of the peace, one of whom shall be of the quorum, State alsmshouse or to a police court, that any person having no known settlement Ibid. ~ 38. in this State is idiotic and ought to be confined, said justices or court shall send such person to the nearest State almshouse, there to be supported, governed, and employed, in the same manner as persons sent thereto by overseers of the poor. When all state 36. When, by reason of all the State almshouses being full, slmnshouses are full. towns, &c., a city or town is unable to obtain admission for a State pauper, to take charge of such place shall take charge of the pauper until notified by the State paupers at expense of state. superintendent, to whom application for admission has been Notide tereof. made, that the pauper can be received. The superintendent shall give notice by mail when the pauper can be received, having regard in so doing to the priority of applications; and until notice is given, the city or town shall receive payment for the support of the pauper from the treasury of the commonwealth. Towns liable for 37. If a pauper having a legal settlement in any place p eport oftheir becomes an inmate of either of said almshouses, such place shall paupers in State almshouses. be liable to the commonwealth for the expense incurred for him, Ibid. ~ 49. 8 Gray, 4o5. in like manner as one town is liable to another in like cases; and the same measures shall be adopted by the inspectors, in regard to notifying towns so liable, the removal of the pauper, and the recovery from towns of expenses incurred for him, as are prescribed for towns in like cases. Husband and 38. When the operation of any provisions of law in relation wife not to be sepwarated.nt to poor and indigent persons might cause a separation of husband 1866, c. 234, ~ 1. and wife, by reason of the wife having a legal settlement in some 1 Sect. 31 in the text. PAUPERS. 495 place in the commonwealth, the husband being a State pauper, 1866, c. 234,~ 1. both parties shall be supported by the place where the wife has a legal settlement. 39. The expense of thus supporting the person, who is such Expense to be paid State pauper, shall be paid by the commonwealth, reference being ibiS. ~2. had to the expense of supporting such person at the State allms- Butsee ~42..13 Mass. 501. house, if there committed. 40. Any convict who, at the legal expiration of his sentence, Convicts disabled is in a condition, from bodily infirmity or disease, to render his sen expration of removal impracticable, shall be provided for, and receive such videdfor. treatment in the State prison, jail, or house of correction, as the exigency of the case may require, until he is in a condition to be removed. And the expense of such care and treatment of any discharged convict shall be paid by the city or town where he may have a legal settlement, or, if he is a State pauper, by the commonwealth. 41. Nothing shall be allowed from the treasury of the co- Allowance for State monwealth to any county, city, or town, for expenses incurred on Paupers G. S. 71, ~ 56. account of any State pauper, except in cases expressly provided by law. 42. All accounts against the commonwealth for allowance Accountsof connto counties, cities, and towns, on account of State paupers, shall ties, &c'. how aube rendered to the board of alien commissioners 1 on or before the Ibid. ~57. See ~ 39. third Wednesday of January, annually; and shall be so made as to include all claims for such charges up to the first day of said January, and if approved by said board, and certified by the auditor of accounts, shall be paid from the treasury of the commonwealth. The commissioners may require such accounts to be accompanied with such statement of particulars and facts, and substantiated by such affidavits as may seem to them proper. 43. Any person having received a permit from the overseers Paupers may be of the poor of any city or town to become an inmate of any enout ofState. State almshouse or hospital, and expressing a preference to be sent to any State or place where said pauper may have a legal settlement, or friends willing to support him, the board of alien commissioners 1 shall have power to remove said pauper, previous to his committal to any State institution, if, in their judgment, the interest of the commonwealth and of the pauper will be promoted thereby; provided, that no person shall be so removed, unless, in the judgment of said overseers and commissioners, he will become a charge to the State for at least one year; and said commissioners shall return, in their annual report, the names ot all persons removed under the provisions of this act, the places whence removed, and the cost of the several removals. 1 See note on p. 493. 496 PAUPERS. Foreign paupers 44. Any justice of the superior court, trial justice, or police mwhere theybelong. court, upon complaint of the overseers of the poor of any place or G 71, ~52. of a superintendent of alien passengers, in term time or vacation, may by warrant directed to a constable or other person therein designated, cause any pauper not born, nor having settlement, in this State, who may conveniently be removed, to be conveyed, at the expense of the State, to any other State, or, if not a citizen of the United States, to any place beyond sea where he belongs. Removal of pau- 45. If any person, actually become chargeable as a pauper to pers to last settlemenlt. L any city or town in which he has a settlement, has a settlement 188, c. 328, ~ 2. subsequently acquired in any place without this commonwealth, the overseer of the poor of such city or town may cause him to be removed to said place of subsequent settlement, by a written order directed to any person therein designteded, who may execute the same. State lunatic paup- 46. Upon complaint of the trustees of any State lunatic ers may in sanme manner be sent hospital, the county commissioners of a county, the inspectors of home. a State pauper establishment, or the overseers of the poor of a Ibid. ~ 53. place, a judge of the probate court shall have the same powers as are given by the preceding section, to cause the removal of State lunatic paupers under their charge to any other State, or beyond sea, where they belong. Overseers of poor, 47. The overseers of the poor in any place where there is no when to perform duties of superin- superintendent of alien passengers, or where such superintendent tendent of alien is unable to perform his duties by reason of absence or ill health, passengers. Ibid. ~ 24. shall perform the duties and exercise the authority of superintendents; and shall, in like manner, render their accounts to the State treasurer, and pay over the money received, deducting therefrom a reasonable compensation for their services. Who may com- 48. If a woman entitled to make a complaint refuses or plain, &c., ifwoman neglects so to do when requested by an overseer of the poor of the G. S. 72, ~2. place where she resides or has her settlement, or one of the alien 3 Allen, 477. 3 Allen, 481. commissioners,1 the superintendent of a State almshouse, or of the 10 Allen, 389. them to make the request, or either of her parents, or her guardian, the person so requesting may make the complaint; and when already made, if she refuses or neglects to prosecute the same, either of said persons may prosecute the case to final judgment, for the benefit of the parent, guardian, city, town, or State. In such cases the bond shall be made to the party for whose benefit the complaint is made or prosecuted. If woman isin 49. When a woman is an inmate of either of the State almsState almshouse, houses, a complaint by her, or in her behalf, may be made either 1 See note on page 493. PAUPERS. 497 in the county where she then is, or where she last had her usual complaint, where made. place of abode before becoming such inmate, and the warrant shall G.. 72, ~ 3. be returnable in the latter county, or the county where the defendant resides. When a complaint is made in the county of Suffolk, by or in behalf of an inmate of the hospital at Raynsford Island, or the house of industry at Deer Island, the warrant shall be returnable before the police court 1 of the city of Boston. 50. No complaint shall be withdrawn, dismissed, or settled Complaint not to be withdrawn, by agreement of the mother and the putative father, without the without consent, consent of the overseers of the poor of the city or town in which &cIbid ~ 9. she has her settlement or residence, or of one of the other officers 3Allen,148. named in section forty-eight, or of her parent or guardian, unless 4 Alen 59. provision is made to the satisfaction of the court, to relieve and indemnify any parent, guardian, city, town, or the State, from all charges that have accrued or may accrue for the maintenance of the child, and for the costs of complaint and prosecution thereof. 51. No settlement made by the mother and father, before Liability for support. or after complaint is made, shall relieve the father from liability to Ibid. ~ 10. any city or town, or the State, for the support of a bastard child. 52. Whoever has been imprisoned ninety days for having Party chargedas father may take failed to comply with any order of the court, as provided in poor debtor's oath. chapter seventy-two of the General Statutes, shall have the Ibd.~11. 3 Alien, 151. benefit of the laws for the relief of poor prisoners committed on execution; provided, that he procures like notification of his intention to take the oath prescribed to poor debtors, to be served upon the clerk of the city or town where the child of which he is the reputed father has its legal settlement, if there is such place in this State, and also upon the complainant, if living, thirty days at least before the time appointed for taking the oath. 53. The mother of such child, and said city or town, or the Mother, &c., to State respectively, may at all times, after the liberation of such hGs.e2, ~ y&c. prisoner, or taking said oath, recover by action of contract any 32 Maine, 21. sum of money which ought to have been paid to them respectively by him, in pursuance of such order of court. 54. Public officers authorized to institute prosecutions and Public officers may compromise suits. make complaints under the provisions of section forty-eight, may, 1862m s c213. with the consent of the mother or of her parent or guardian, compromise the same on receipt of a fixed sum or security for the payment thereof, for the benefit of the city, town, or commonwealth, as the case may be, instead of prosecuting the same to final judgment.2 1 Now the municipal court. 2 For further provisions of law relating to the maintenance of bastard children, see Gen. Stats. c. 72, and act of 1863, c. 127. 41* 498 PAUPERS. Insane person, how 55. Any of the judges of the supreme judicial, superior, and committed. 1862, c. 223, ~ 3. probate courts, and, in the city of Boston, of' the police court, 11 Gray, 107. may commit to either of the State lunatic hospitals, any insane See ~ 36. person who, in their opinion, is a proper subject for its treatment or custody. But in all cases, the evidence and certificate of at least two respectable physicians, shall be required to establish the fact of insanity. In all cases the judge shall certify in what place the lunatic resided at the time of his commitment; or, if ordered to be confined by any court, the judge shall certify in what place the lunatic resided, at the time of the arrest, in pursuance of which he was held to answer before such court; and such certificate shall, for the purposes of this act, be conclusive evidence of his residence.2 When judge of 56. Any judge of the municipal court of the city of Boston may, municipal coust may commit in- in the absence of the judge of probate for the county of Suffolk, and sane persons. not otherwise, commit to the State lunatic hospital at Taunton, 1867, c. 355, ~ 1. and the Boston lunatic hospital, any insane person who, in their opinion, is a proper subject for its treatment or custody, in accordance with the provisions of chapter two hundred and twenty-three, of the acts of the year one thousand eight hundred and sixty-two, and the acts in addition thereto. Notice to the 7. Any person applying for the commitment or for the mayor, &c. 1862, c. 223, ~4. admission of a lunatic to a State lunatic hospital, under the provisions of the act of eighteen hundred and sixty-two, chapter two hundred and twenty-three, shall first give notice in writing to the mayor, or one or more of the selectmen, of the place where the lunatic resides, of his intention to make such application; and satisfactory evidence that such notice has been given shall be produced to the judge in cases of commitment, and to the trustees upon applications for admission. Cases how and 55. The judge may hear and determine such applications, in where heard by court. respect to persons alleged to be insane, at such times and places 1Gray, 107. as he may appoint; and the presence of the alleged lunatic at the hearing may be required or dispensed with, in the discretion of Ajury may be the judge; and the court may, in its discretion, issue a warrant summoned. to the sheriff, or his deputy, directing him to summon a jury of six lawful men, to hear and determine whether the alleged lunatic is insane. Whenever a jury is summoned, pursuant to the provisions of this section, the same proceedings shall be had, and the 1 Now the municipal court. 2 When application is ulade to a court for the commitment of an insane person to a hospital, there must be filed a certificate of two physicians, that the person is a fit subject to be committed to the hospital, and also a statement of other facts relating to said insane person. See " Lunatic Hospital," ante, pp. 368, 369, ~~ 12, 14. PAUPERS. 499 same fees and expenses paid, as are provided by the General Fees andexpenses Statutes, chapter seventy-three, sections twelve, thirteen, four- 1862, 223, ~ 6 11 Gray, 107. teen, fifteen, and sixteen. 59. Whenever application shall be made to any judge of pro- Fees of officers. bate for the commitment of an insane person under the provisions Ibid. ~ 7. of the act of eighteen hundred and sixty two, chapter two hundred and twenty-three, he may allow to the sheriff, deputy-sheriff, or constable, or other person to whom a precept is directed by name, who may serve the same, the same fees as are allowed to officers up.:n the commitment of persons to prison, and such further sum for expenses incurred in said commitments, or in bringing such lunatic before the judge as to him may seem reasonable; and the sums so allowed shall be certified and paid, as provided in the General Statutes, chapter seventy-three, section sixteen. 60. Any insane person who is supported by any place as a Pauper insane may pauper, may be committed by the overseers of the poor thereof to be sent to hostal by overseer of the either of the State lunatic hospitals, with the consent of the trus- poor. tees, and shall be kept for a sum not exceeding the actual expense ~ of his support. And the trustees shall receive into the hospital, any other insane person having a settlement or residence in this commonwealth, for such compensation as they may determine. 61. The expenses of the State lunatic hospitals for the support Expensesof supof lunatics having known settlements in this State, shall be paid port of persons quarterly, either by the persons obligated to pay, or by the place Ibid. ~ 10. 16 Pick. 71. in which such lunatics had their residence at the time of their 1 Pick. 37o. commitment, unless other sufficient security is taken to the satis- 9 Gray, 32. 13 Gray, 544. faction of the trustees for such support. If any place or person 6 Allen,s85. refuses to pay whatever sum may be charged and due according 12 Alle 010 to the by-laws of the hospital, on account of the support of such patient therein, or for the removal of any patient whom the trustees are authorized by law to remove, for thirty days after the same has been demanded by treasurer, in writing, of the mayor and aldermen of the city, or of the selectmen of the town, or of the person liable therefor, the same, with interest from the time of such demand, may be recovered for the use of the hospital in an action to be instituted by the district-attorneys, or other prosecuting officers, in the name of the treasurer, against such delinquent city, town, or person. 62. The expenses of the hospitals for the support of lunatics Support of those not having known settlements in this State, committed thereto, havin no known shall be paid quarterly by the commonwealth, at the same rates Ibid.~ 11. 1864, c. 138. charged for city and town pauper lunatics therein, but not to 16 Pick.71. exceed the sum of two dollars and seventy-five cents per week; 18 ick a379. and the same may afterwards be recovered, by the treasurer of 13 Gray, 544. the commonwealth, of the lunatics themselves, if of sufficient 6Allen,585. 500 PAUPERS. 1862, c. 223, ~ 10. ability to pay the same, or of any person or kindred obligated by law to maintain them, or of the place of their settlement, if any such is ascertained; and the district-attorneys, or other prosecuting officers, shall institute suits therefor when requested. How harmless in- 63. Any judge of the supreme judicial or superior court, at any c.rable insancmaY term held within and for the county in which either hospital is be discharged. 1862, c. 223,~ 14. located, or the judge of the probate court of such county or the trustees of such hospital may, on application in writing for the discharge from such hospital of any insane person who has remained there a sufficient time to make it appear that he is incurable and not dangerous to the peace and safety of the community, cause him to be delivered to the agents of any place in which he has a legal settlement or on which he has a legal claim for support, or to his friends, when it appears that it would not be to his injury, and that he would be comfortably and safely provided for by any parent, kindred, friend, master, or guardian, place or institution. When application has been made to any judge for the discharge of any insane person, any person interested in said discharge may request a trial upon said application by a jury, and the judge before whom the trial is to be held, shall Jury. issue a warrant to the sheriff of the county, or his deputy, directing him to summon a jury of six lawful men, to hear and determine whether such insane person is incurable, and may be comfortably and safely provided fur, according to the terms of this Summons, expen- section. The proceedings shall be the same in selecting jurors, seOs,&c. conducting the trial, and allowing the costs, as are provided in sections twelve, thirteen, fourteen, fifteen and sixteen, of chapter seventy-three, of the General Statutes. After removal, if 64. If, after the discharge of an incurable lunatic, under the not comfortably preceding section, it is made to appear, on complaint by any persupported, &c., may be recommit- son under oath to the judge of the probate court for the county in ted. 7 which the lunatic has his legal settlement or is placed, that he is G. S. 73, ~ 31. not comfortably supported, or that the public safety is endangered by him, said judge shall order his recommitment to said hospital. And the same proceedings may be had in determining these questions by a jury, upon the request of any person interested therein, made in writing to said judge, as are provided in the preceding section. How other insane 65. Any two trustees of either hospital, or either of the and idiots may be justices of the supreme judicial court, or superior court, at any discharged or removed. term held within and for the county in which the hospital is Ibid. ~29. located, may, on application in writing for that purpose, discharge from confinement, after the cause of such confinement has ceased, any lunatic committed thereto. The trustees may also remove any idiot or other patient to the place where the judge or court PAUPERS. 501 committing him shall certify that he resided, when, in their G.s. 7, ~ 29. opinion, he ceases to be dangerous and is not susceptible of mental improvement by remedial treatment at the hospital, if such place shall not remove him after reasonable notice in writing from the trustees. 66. The several judges of probate in the counties where the Same subject. 1862, c. 223, ~ 15. State lunatic hospitals are located, shall have the same authority at any time to discharges from confinement lunatics committed to the hospitals, as is conferred upon the trustees and the justices of the supreme judicial and superior courts by the preceding section. 67. The money and cost of clothing which the trustees of any Expense of clothing, burial, &c. State lunatic hospital, may by law furnish to discharged pauper Ibid. 16. lunatics, the expense of pursuing such as elope therefrom, and of burial of pauper lunatics dying in the hospitals, shall be reimbursed to the trustees by the places of legal settlement of city and town paupers, and by the commonwealth in the case of State paupers. 68. Every city and town paying expenses for the support or Remedy of towns removal of a lunatic committed to either hospital, shall have like for expenses ofed rights and remedies to recover the full amount thereof, with to hospitals G. S. 73,~ 25. interest and cost, of the place of his settlement, as if such expenses 18 Pick. 79. had been incurred in the ordinary support of the lunatic; and the 9 Cush. 585. 1 Gray, 514. lunatic, if of sufficient ability to pay the same, and any kindred 5 Gray, 390,393. obligated by law to maintain him, shall be liable for all such 11 Gl'ray07. 6 Allen, 585. expenses paid by any city or town in either case. 69. Children under the age of fourteen years may be bound Minors may be bound as apprenas apprentices or servants until that age; and minors above the b ces or servapts. age of fourteen years may be bound as apprentices or servants; G.- 111, ~ 1. females to the age of eighteen years, or to the time of their marriage within that age, and males to the age of twenty-one years. 70. Children under the age of fourteen years may be n Howboun d obouwhen by their father, or in case of his death or incompetency, by their yder fourteen years. mother or legal guardian. If illegitimate, they may be bound by Ibid. ~2. 2 Alass. 109, 387, 433 their mother during the lifetime of the putative father, as well as 12 Mass. 387, 433. after his decease. If they have no parent competent to act, and no guardian, they may, with the approbation of the selectmen of the town where they reside, bind themselves. The power of a mother to bind her children shall cease upon her subsequent marriage, and shall not be exercised by herself or husband during the continuance of such marriage. 1 When all the State lunatic hospitals are crowded, trustees may remove a certain class. See "Lunatic Hospital," ante, p. 369, ~ 15. 502 PAUPERS. When above four- 71. Minors above the age of fourteen years may be bound in teen. 2. the same manner, but when bound by their parent or guardian, 5 Cush. 417. the minor's consent shall be expressed in the indenture and testified by his signing the same. Overseers of poor 72. A minor child who is, or either of whose parents is, chargemay bind. G.S.111,~4. able to a town as having a lawful settlement therein, or supported 7 Greenl. 47 there at the expense of the State, may be bound as an apprentice 4 N. H. 139. 2 Pick. 451. or servant by the overseers of the poor. 9 Allen, 207. 73. Such children, whether under or above the age of fourteen At what age and chlrn upon what terms years, may be so bound; females to the age of eighteen years, or to they may be bound. the time of their marriage within that age, and males to the age G. S. 111,~ 5. of twenty-one years; and provision shall be made in the contract 5 Pick. 250. 16 Pick. 44. for teaching them to read, write, and cipher, and for such other 7 Gray, 473. instruction, benefit, and allowance, either within or at the end of the term, as the overseers may deem reasonable. Indenture to be of 74. No minor shall be so bound unless by an indenture of two two parts, &c. G(..m, ~ 6. parts, sealed and delivered by both parties; and when made with the approbation of the selectmen, they shall certify such approbation in writing upon each part of the indenture. One part of inden- 75. One part of the indenture shall be kept by the parent or ure to be kept for guardian executing it, for the use of the minor; and when made Ibid. ~7. with the approbation of the selectmen or by the overseers of the poor, shall be deposited with the town clerk, and safely kept in his office for the use of the minor. Money, &c., to be 76. All considerations of money or other things paid or tise ofppren- allowed by the master upon a contract of service or apprenticeIbid. ~8. ship, made in pursuance of the seven preceding sections, shall be paid or secured to the sole use of the minor bound thereby. Parents, overseers, 77. Parents, guardians, selectmen, and overseers, shall inquire treat ntlqofch ilnt into the treatment of all children bound by them respectively, or dren. with their approbation, and of all bound by or with the approbaIbid. ~ 9. tion of the predecessors in office of any of them, and defend them from all cruelty, neglect, and breach of contract, on the part of masters Complaint for mis- 78. Complaints by parents, guardians, selectmen, or overseers, conduct of master or servant ay be for misconduct or neglect of the master, and by the master, for filed in superior gross misbehavior, or refusal to do his duty, or wilful neglect collrt, &C. G.. 111, ~ 10. thereof on the part of the apprentice or servant, may be filed in 2'ick. 451. the superior court in the county where the master resides, setting forth the facts and circumstances of the case. The court shall order notice to the adverse party, and if the complaint is by the master, to all persons who have covenanted in behalf of the apprentice or servant, and to the selectmen who approved of the indenture, or their successors in office, and shall hear and deter PAUPERS. 503 mine the case, with or without a jury, as the allegations of the G. S. 111, ~ 10. parties may require. 79. The court may render a judgment or decree, that the Court may disZD-,.,~~~~~ -, ^,.., charge apprentice, minor be discharged from his apprenticeship or service, or the &c. master from his contract, and the minor thus discharged may be G. r. 111k1. bound out anew. 80. Costs may be awarded to the prevailing party, and execu- Court may award costs. tion issued therefor; but no costs shall be awarded against select- Ibid ~12. men or overseers, unless it appears that the complaint was made without just and reasonable cause. Costs in favor of the master may be recovered of the parent or guardian who executed the indenture, or if there is no parent or guardian liable therefor, such costs may be recovered in an action against the minor when he arrives at full age. 81. Every master shall be liable to an action on the indenture Masterliableto for the breach of any covenant on his part therein contained. ture.ionindenAll damages recovered in such action, after deducting the neces- Ibid. ~13. sary 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 recovers the same, and the residue shall be paid to the minor, if a male, at the age of twenty-one years, and if a female. at the age of eighteen years, or at the time of her marriage within that age. 82. Such action may be brought by the parent or his execu- By whom action tors or administrators, the guardian, or any one who succeeds may be brought. him in that trust, or the overseers or their successors in office; or it may be brought in the name of the minor by his guardian or next friend, as the case requires; or by himself after the expiration of the term of apprenticeship or service. 83. If the action is brought by the overseers, it shall not abate Proceedings therein when brought by the death of any of them or by their being succeeded in office; by overse.ers. but shall proceed in the names of the original plaintiffs, or the Ibid. ~15. survivor of them, or the executors or administrators of the survivor; and the money recovered therein shall be deposited in the city or town treasury, to be applied and disposed of as provided in section eighty-one. 84. No such action shall be maintained, unless commenced Limitation of acI. j i p....... j i * tion by apprentice. during the term of apprenticeship or service, or within two years Ibida.~16. after the expiration thereof. 85. If judgment in such action is rendered for the plaintiff, If judgment for In,,~~~~~~~~~~~~~~~~,',. ~,, -,.,plaintiff, court may the court may, upon motion of the plaintiff, discharge the minor discharge apprenfrom his apprenticeship or service, if not already done as before ticeprovided, and the minor may be bound out anew. 86. No minor shall be bound as an apprentice or servant, Master to have bond for service. unless his parent or guardian, or some responsible person in his 1865, c. 27, ~ 1. 504 PAUPERS. 1865, c. 270, ~1. behalf, shall give a written bond in the sum of two hundred dollars to the master, with condition that the minor shall serve him for the full term of such apprenticeship or service, and that the master shall be held harmless from any loss or damage from the Proviso. breach of such condition; provided, that minor children who have no parents able to give such bond, may be so bound by giving a bond in such sum as may be agreed upon by and between the master and the parents or guardian of such minor. And the master Minor to have shall also give bond to the minor in a like sum, with condition bond of master. that he shall comply with the conditions of the indenture, and shall not be guilty of any misconduct towards the apprentice or servant, and shall hold the apprentice or servant harmless from any loss or damage by reason of any failure on his part to comply Proviso, with the terms of the indenture or contract; provided, that whenever minors are bound by State, town, or municipal authorities or authorized agents, the bond required to be given to the master may be waived by the parties. Custody of bond 87. The bond given by the master shall be kept for the use of fbr use of minor the minor, by the parent or guardian; and when there is no Ibid. ~ 2. parent or guardian, it shall be deposited with the town clerk where the master resides, and safely kept in his office for the use of the minor. Minors under con- 88. It shall be unlawful for the overseers of the poor of any trol of overseers of city or town, to remove beyond the limits of this commonwealth, poor not to be removed from State any minor under their control, or cause or allow the same to rithout authority be done, or to withhold information concerning the maintenance from judge of probate. of such minor, from any person entitled to receive the same; 1868, c. 279, ~ 1. Provisos. provided, that the judges of probate may, upon application of the overseers of the poor of any town in their respective counties, upon a hearing thereon, after due notice to all parties interested, authorize such removal to be made; and provided, firther, that this act shall not apply to minors who have a settlement in other States. Penalty for viola- 89. Any overseers of the poor violating the provisions of the tion.. preceding section shall be punished by a fine not exceeding five Ibid. ~ 2. zD y ZD hundred dollars. Apprenticeship 90. No indenture of apprenticeship or service made in purdischarged by suance of this chapter shall bind the minor after the death of his death of master. G.S.111, ~21. master, but the apprenticeship or service shall be thenceforth discharged, and the minor may be bound out anew. Mistresses. 91. All the foregoing provisions shall apply as well to misIbid. ~ 22. tresses as to masters. Common-law 92. Nothing contained in the preceding sections shall affect right. Ibid. ~ 23.* * 9 Gray, 377; 1 Mason, 78; 8 Johns. 328; 1 Ashm. 267; 3 B. & Aid. 586. PAUPERS. 505 the father's right at common law to assign or contract for the G.S. ill,~23. services of his children during their minority. 93. Everything prescribed in preceding sections to be done by Powers and duties, the selectmen of a town, shall and may be done by the mayor in c invested and aldermen of a city; and everything prescribed to be done Ibid. ~24. by the overseers of the poor of a town, shall and may be done by the overseers of the poor of a city. or the directors of the house of industry, or such other officers as have charge of the poor therein. 94. Legal settlements may be acquired in any city or town, so Settlements, how i acquired. as to oblige such place to relieve and support the persons acquir- G. S. G*, ~ 1. ing the same in case they are poor and stand in need of relief, in the manner following, and not otherwise, namely:First. A married woman shall follow and have the settlement By married of her husband, if he has any within the State; otherwise her own wo..' at the time of marriage, if she then had any, shall not be lost or suspended by marriage. Second. Legitimate children shall follow and have the settle- By legitimate ment of their father if he has any within the State, until they gain cildren d: a settlement of their own; but if he has none, they shall, in like manner, follow and have the settlement of their mother, if she has any. Third. Illegitimate children shall follow and have the settle- By illegitimate children. ment of their mother at the time of their birth, if she then has 12 ass. 383, 429. any within the State; but neither legitimate nor illegitimate 13 1 s.381. 23 Pick. 242. children shall gain a settlement by birth in the place where they 8 Cush. 75. may be born, if neither of their parents then has a settlement 8 Allen, 551. therein. Fourth. Any person of the age of twenty-one years, and By living on freehold estate. having an estate of inheritance or freehold in any place within 1868, c. 328, ~1. the State, and living on the same three years successively, shall thereby gain a settlement in such place. Fifth. Any person of the age of twenty-one years, having an By being assessed.I estate, the principal of which shall be set at two hundred dollars, * 13 Mass. 547; 15 Mass. 260; 2 Pick. 394; 1 Met. 580; 10 Gush. 517. t 9 Mass. 201; 12 Mass. 353; 1 Pick. 506; 13 Pick. 303; 23 Pick. 242; 4 Allen, 458; 32 N. H. 245. t 4 Mass. 493; 13 Mass. 469, 472; 15 Mass. 237, 260; 16 Mass. 135; 17 Mass. 398; 1 Pick. 197, 506; 3 Pick. 173; 4 Pick. 174; 7 Pick. 140; 18 Pick. 264; 23 Pick. 245; 12 Met. 37, 38; 8 Gush. 528; 10 Gush. 517; 13 Gray, 341; 4 Allen, 458; 6 Allen, 31; 8 Alien, 551; 37 N. H. 441, 442; 24 Me. 281. ~ 4 Mass. 384; 11 Mass. 327; 14 Mass 384; 2 Pick. 29; 16 Pick. 222; 19 Pick. 291; 21 Pick. 233; 3 Met. 165; 5 Met. 350; 13 Met. 192; 4 Gush. 172; 8 Gush. 525; 1 Gray, 619; 13 Gray, 92; 15 Gray, 15, 19; 5 Allen, 137; 6 Allen, 431, 477; 9 Allen, 137. 11 6 Mass. 50; 11 Mass. 327; 15 Mass. 160, 253; 3 Pick. 198; 22 Pick. 385; 24 Pick. 166; 3 Met. 428; 4 Met. 178; 5 Met. 350; 4 Cush. 557; 11 Gush. 292; 2 Gray, 482; 4 Gray, 283; 4 Allen, 574; 6 Alien, 477. 43 506 PAUPERS. G.. 69, ~1. or the income at twelve dollars, in the valuation of estates made 1868, c. 328, ~. by assessors, and being assessed for the same, to State, county, city, or town taxes, for five years successively in the place where he dwells and has his home, shall thereby gain a settlement therein. y serving one Sixth. Any person being chosen and actually serving one officestown. whole year in the office of clerk, treasurer, selectman, overseer 12 Mass. 262. of the poor, assessor, constable, or collector of taxes, in any 15 Mass. 523. 1 Pick. 129. place, shall thereby gain a settlement therein. For this purpose a year shall be considered as including the time between the choice of such officers at one annual meeting, and the choice at the next annual meeting, whether more or less than a calendar year. settlement ac- Seventh. Every settled ordained minister of the gospel shall be qilred by ministers. deemed to have acquired a legal settlement in the place wherein 4 C'us. 553. he is or may be settled as a minister. 7 Allen, 90. By persona admit- Eighth. Any person admitted an inhabitant by any place at a ted inhabitantsaby legal meeting, held under a warrant containing an article for that vote. purpose, shall thereby acquire a legal settlement therein. By incorporation Ninth. Any person of the age of twenty-one years dwelling of a unincorpora- and having his home in any unincorporated place at the time ted place. 1868, c. 328, ~.* it is incorporated into a town, shall thereby acquire a legal settlement therein. Where to be upon Tenth. Upon the division of a city or town, every person sistion orf icorn having a legal settlement therein, but being absent at the time of 4 Mass. 278,384,453, such division and not having acquired a legal settlement else4si6, 676. Io Mass. 541. where, shall have his legal settlement in that place wherein his 17 Mlass. s38. last dwelling-place or home happens to fall upon such division; 4 Pick. 117, 357. 13 Pick. 303. and when a new city or town is incorporated, composed of a 1 Pick. 426 part of one or more incorporated places, every person legally 19 Pick. 426.;6 Met. 484. settled in the places of which such new city or town is so com4 CAns7. posed, and who actually dwells and has his home within the bounds of such new city or town at the time of its incorporation, shall thereby acquire a legal settlement in such new place; provided, that no person residing in that part of a place which, upon such division, shall be incorporated into a new city or town, having then no legal settlement therein, shall acquire any by force of such incorporation only; nor shall such incorporation prevent his acquiring a settlement therein, within the time and by the means by which he would have gained it there if no such division had been made. By serving appren- Eleventh. A minor who serves an apprenticeship to a lawful ticearslifour trade for the space of four years in any place, and actually sets up * 4 Mass. 452; 6 Mass. 445; 4 Pick. 351; 6 Met. 484. PAUPERS. 507 such trade therein within one year after the expiration of said G.S. 39, ~1. term, being then twenty-one years old, and continues there to carry on the same for five years, shall thereby gain a settlement in such place; but being hired as a journeyman shall not be considered as setting up a trade. Twelfth. Any person of the age of twenty-one years, who Byresidence and paying taxes. resides in any place within this State for ten years together, and 1S86, c, 328, ~ 1. pays all State, county, city, or town taxes, duly assessed on his poll or estate for any five years within said time, shall thereby gain a settlement in such place. 95. No person who had begun to acquire a settlement by the Provisions for persons who have laws in force at and before the time 1 when the preceding section begun to acquire took effect, in any of the ways in which any time is prescribed for settlements. G. S. 69, ~ 2. a residence, or for the continuance or succession of any other act, shall be prevented or delayed by the provisions of the preceding section; but lie shall acquire a settlement by a continuance or succession of the same residence, or other act, in the same time and manner as if the former laws had continued in force. 96. Every legal settlement shall continue till it is lost or Settlement tocontinue until, &c. defeated by acquiring a new one within this State, and upon G.iS. G9tl3.t acquiring such new settlement all former settlements shall be defeated and lost. 97. Any person who shall have been duly enlisted and mus- Soldiersan dsailor inhabitants of any tered into the military or naval service of the United States, as a place, to have a part of the quota of any city or town in this commonwealth, under legal settlement therein. any call of the president of the United States, during the recent s16, c. 230, ~ 1. civil war, and who shall have continued in such service for a term G.. 69, ~ 70, G. S. 71, ~ 49. not less than one year,2 or who shall have died or become d'sabled 1s86, c. 288. from wounds or disease received or contracted while engaged in 868asc. 328,~3. such service, or while a prisoner in the hands of the enemy, and the wife or widow, and minor children of such person, shall be deemed thereby to have acquired a settlement in such city or town; and all the rights, duties, and liabilities, pertaining to such settlement, as set forth in chapters sixty-nine and seventy, and in section forty-nine, of chapter seventy-one, of the General Statutes, shall attach thereto; provided, such person was, at the time 1 1793, when this act was passed. 2 Not to be construed to require a continuous service of one year. 1866, c. 288, ~ 1. * 5 Mass. 430; 10 Mass. 394; 13 Mass. 460, 462, 502; 15 Mass. 254; 16 Mass. 236; 2 Pick. 535; 7 Pick. 42; 8 Pick. 408; 10 Pick. 378; 12 Pick. 1; 19 Pick. 389, 480; 20 Pick. 345; 3 Met. 428; 10 Met. 115; 12 Met. 35; 4 Cush. 190, 538, 557; 13 Gray, 586; 4 Allen, 574; 6 Allen, 508. t 4 Mass. 133; 6 Mass. 501; 9 Mass. 201; 10 Mass. 413; 11 Mass. 441; 12 Mass. 363; 15 Mass. 257; 2 Pick. 28, 572; 9 Pick. 55; 24 Pick. 164; 13 Met. 192; 6 Cush. 61, 320; 13 Gray, 589. 508 PAUPERS. 186, c. 230, ~ 1. of his enlistment, of the age of twenty-one years, and an inhabitant of said city or town.' Soldiers and sailors 98. Any person enlisted, mustered and serving as a part of may have a settle- nent wlere they the quota of any city or town, as set forth in the first section of formed a portion of this act,2 but who shall not be entitled to a settlement therein by the quota. 1865, c. 230, ~ 2. reason of the want of age or residence required by said section, G. 69, ~ 70. shall, nevertheless, be entitled for himself, his wife, or widow, and G. S. 7, ~ s6. minor children, to relief and support in such city or town, if at any time they should fall into distress therein, or stand in need of such relief or support; and such city or town shall not send such person, nor his wife or widow, nor his minor children, to any State almshouse, nor remove them to any other place, nor recover the expenses of their relief or support from any other city or town, nor receive the same from the commonwealth; and if any city or town shall cause any such person so entitled to relief therein to be sent to any State almshouse, or removed to any other place. such city or town shall be liable, in an action of tort, for all expenses of their relief and support thereafter incurred in such almshouse, or by any other city or town. But, otherwise than as above piovided, said city or town shall not be liable to any other city or town, nor to the commonwealth, for the expenses of any relief or support furnished to such person, or to his wife, widow, or minor children, in such other place or in any State almshouse. When no settle- 99. The provisions of this act shall not apply to any person ment will be allo be d. a who shall have enlisted and received a bounty for such enlistment lowed. a s Ibid. ~3. in more than one town, unless the second enlistment was made after an honorable discharge from the first term of service, nor to any person who shall have been guilty of wilful desertion, or who shall have left the service otherwise than by reason of disability or an honorable discharge. 1 For information respecting the quota of the city of Boston, see the military and naval records of the said city in the office of the city clerk, prepared by authority of the statutes of 1863, chap. 65, and 1863, 229. 2 ~ 97 of the text. PAWNBROKERS. 509 PAWNBROKERS. 1. Pawnbrokers to be licensed by 2. He shall keep a record of his board of aldermen, &c. transactions. 2. Form of license. 3. He shall not receive pawns from 3. Penalty for carrying on business any minor, &c. Shall exwithout a license. hibit all articles when re4. Pawners' bank. Mayor to ap- quested by mayor or others. point one director. 4. License shall designate place of ORDINANCE. business, &c. 1. No person shall carry on the 5. Penalty for offending against business of a pawnbroker provisions of the ordinance. without license. STATUTES. 1. The mayor and aldermen, or selectmen, of any city or town, Pawnbrokers to be which has adopted by-laws therefor, may license suitable persons G. s. 8 ~ 28. to carry on the business of pawnbrokers, within their respective cities and towns 2. The license shall designate the place where the business is Form of license, to be carried on, contain such conditions and restrictions as may &Ib be prescribed by such by-laws, and continue in force one year, unless sooner revoked. 3. Whoever, not being licensed, carries on such business, or is Penalty for carryconcerned therein, within such city or town, or being licensed, igon blisiense carries on such business, or is concerned therein in any other &cplace or manner than that designated in his license, or after ~ notice to him that his license is revoked, shall pay a fine not exceeding fifty dollars for each offence. 4. By an act passed April 5, 1859, the "Pawners bank" was Pawners bank, one incorporated, the government to be vested in seven directors, diretteotbeaoppointed by mayor five of whom shall be chosen annually, in October, by the stock- ofBoston. 1859, c. 173. holders, one shall be appointed by the governor of the common- 186, c. 14. wealth, and one by the mayor of the city of Boston. When the 18G9, e.428. bank has disposable funds it shall loan on all goods and chattels embraced within its rules and regulations in the order in which they are offered, with this exception, that the bank may always discriminate in favor of small loans to the indigent. By chapter 428, of the acts of 1869, the name of the bank was changed to the "Collateral Loan Company." 43* 510 PAWNBROKERS. ORDINANCE.1 Pawnbrokers to be SECTION 1. NO person shall carry on the busilicensed. Aug. 121862. ness of a pawnbroker in this city unless he is duly licensed therefor by the board of aldermen. Theyshall keepa SECT. 2. Every person carrying on said busirecord of their rsactions. ness shall keep a book, in which he shall record, at the time of receiving any article as a pawn, a description of the article so received, the name, age, and residence of the person from whom, and the day and hour when, he so received it; and that book shall at all times be open to the inspection of the mayor or either of the aldermen, or of any person authorized by the board of aldermen to examine it. Shall not receie SECT. 3. No pawnbroker shall, directly or any article in pawn fro minors, &c. indirectly, receive any article in pawn of any Ibid minor or apprentice, knowing or having reason to believe him to be such. All articles taken or Siall exhibit all held by any pawnbroker shall be exhibited to the articles. Ibid. mayor, or either of the aldermen, or to any person authorized by the board of aldermen to examine them, whenever a demand is made by either of them for such exhibition. License shall de- SECT. 4. All licenses granted under this signate place of business,&c. ordinance shall designate the place where the Ibid. person licensed may carry on his business; and he shall not engage in or carry on his business under his license in any other place than the 1 An ordinance concerning pawnbrokers, passed August 12, 1862. PETROLEUM AND BURNING FLUIDS. 511 one so designated, and all the provisions of this Aug.12,1862. ordinance shall be incorporated into every license which shall be granted under it. SECT. 5. Any person offending against either Ienalty. of the provisions of this ordinance shall forfeit a sum not exceeding fifty dollars for each offence. PETROLEUM, AND BURNING FLUIDS. STATUTES. 9. Cities and towns may make 1. Inspectors of petroleum to be regulations and affix penalappointed. Compensation. ties. Penalty for fraud or negli- 10. Kerosene for illuminating purgence. poses not to be sold without 2. Mixture of naphtha and illu- inspection, minating oils regulated. Pen- 11. Cities and towns may regulate alty for violation. Liability the storage and sale of camin case of explosion. Oils phene, &c. unlawfully sold to be forfeited. ORDINANCES. 3. Oils unsafe for illuminating 1. Application to be made to the purposes to be so branded. board of aldermen for a license 4. Penalty for selling naphtha to keep, &c., over one hundred under another name. gallons petroleum or its pro5. Crude petroleum and its pro- ducts. Examination of preducts, how to be stored. Pen- mises to be made by engineers alty for violation. of fire department. 6. Notto be manufactured, stored, 2. No license shall be granted for &c., without a license. Li- storing, &c., upon streets, cense to express manner and wharves, &c. locality in which oils may be 3. No license shall be granted for stored Penalty for storing storing, &c., above the cellar without a license. License to of building unless, &c. be given for one year, and 4. No license shall be granted for revocable. selling petroleum not in7. Search warrant may be issued spected. upon complaint. By whom 5. Licenses may be granted for to be served. manufacturing, &c., in 8. Oils not to remain in streets greater quantities than one more than twenty-four hours hundred gallons in suitable without special permit. localities. 512 PETROLEUM AND BURNING FLUIDS. 6. Terms of license. Engineer of and sell camphene and burnfire department and inspector ing fluid. Penalty. to be allowed to enter pre- 9. License, how obtained. mises. 10. License, how long to continue. 7. Duty of engineers of fire depart- 11. Fee for license. ment to make complaint of violations of statute. Order of Board of Aldermen. 8. Persons to be licensed to keep Compensation of inspector. STATUTES. Inspectors ofpe- 1. The mayor and aldermen of every city, and the selectmen troleum to beap- of every town, of more than fifteen hundred inhabitants, and of 1869, c. 152, ~ 1. every town of less than fifteen hundred inhabitants, upon the written application of five or more citizens of such town therefor, shall appoint, annually, one or more suitable persons, not interested in the sale of crude petroleum, or in the sale or manufacture of petroleum, earth rock oil, or in any of their products, to be inspector or inspectors thereof in said city or town, and fix their Compensation. compensation, to be paid by persons requiring their services under the provisions of this statute, and who, before entering upon the Penalty on in- duties of their office, shall be duly sworn. Any inspector guilty of spector frg fraud or fud deceit, or culpable negligence in the performance of his negligence. duties, shall be punished by fine not exceeding one hundred dollars, or imprisonment in the county jail or house of correction not exceeding one month, or by both, in the discretion of the court. Mixture of naph- 2. No person shall mix for sale, naphtha and illuminating oils, hang oil rgulat-ed or shall sell or offer for sale such mixture, or shall sell or offer for Ibid. ~ 2. sale, except for purposes of re-nmanufacture, illuminating oils made from coal or petroleum, which will evaporate a gas under one hundred degrees Fahrenheit, or ignite at a temperature of less than one hundred and ten degrees Fahrenheit, to be ascertained by the application of Tagliabue's, or some other approved Penalty for viola- instrument, and any person so doing shall for each offence be tion. punished by fine or imprisonment, as provided in the first section Liability in case of hereof; and shall also be liable tllerefor, to any person suffering explosion, &c. damage from the explosion or ignition of such oil thus unlawfully Oil unlawfully sold or kept, or offered for sale; and such oil thus unlawfully sold sold to be forfeited. or kept, or offered for sale, and the casks or packages containing the same, shall be forfeited and sold, one-half of the proceeds of such sale to go to the commonwealth and the other half to the informer. Oils unsafe for i- 3. For all the purposes of this act, all illuminating oils made luminating pur- from coal or petroleum, having an igniting point of less than one poses to be so branded. hundred and ten degrees Fahrenheit, to be determined in the Ibid. ~3. PETROLEUM AND BURNING FLUIDS. 513 manner provided in the second section of this act, shall be deemed 18s9, c. 152, ~ 3. to be mixed with naphtha, and shall be branded unsafe for illuminating purposes. 4. Any person who shall sell, or keep, or offer for sale, Penalty for selling naphtha under asnaphtha under any assumed name, shall, for each offence, upon sutmed name. conviction thereof, be liable to the same penalties provided, and Ibid. ~4. shall be subject to the same liabilities set forth in the first two sections of this act. 5. Crude petroleum, or any of its products, may be stored, Crude petroleum and its products, kept, manufactured or refined in detached and properly ventilated how to be stored, buildings specially adapted to the purpose, and surrounded by an &c Ibid. ~ 5. embankment constructed so as to effectually prevent the overflow of said petroleum or any of its products beyond the premises on which the same may be kept, manufactured or refined: said buildings to be occupied in no part as a dwelling; and if less than fifty feet from any other building, must be separated therefrom by a stone or brick wall at least ten feet high and twelve inches thick; and any person keeping such articles in Penalty for violaany other kind of building, except as is hereinafter provided tion. in the sixth section hereof, shall be punished by fine or imprisonment, in the manner provided in the first two sections hereof. 6. No person shall manufacture, refine, mix, store, or keep Not tobe manufor sale, any oil or fluid, composed wholly or in part of any of the f l^'itetd.toiensed products of petroleum, in any city or town, except as provided in from municipal authorities. the fifth section of this act, without a license first having been Ibid. 6. obtained from the mayor and aldermen of said city, or the select- License to express men of said town, and in said license there shall be expressed manner a.ncd loal ity in which sucss the manner, and the portion of any locality or building in which oils may be stored. said articles may be mixed, stored or kept; and whoever mixes, Penalty for storing, stores or keeps said articles in any one locality, except as afore- &ce witsut license, &c. said, without having first obtained a license as herein required, or having obtained such license, mixes, stores or keeps said articles in a different manner, or in any other portion of said locality or building than is expressed in said license, shall forfeit and pay a sum not exceeding five hundred dollars, to be recovered in any appropriate form of action, to be instituted in the name of the mayor of said city, or of the selectmen of said town; and the license granted in accordance with the provisions of this License to expire act, shall continue to be in force, from the time of granting the annualyonfirst of 7I/~ It?~~ ZD~ & April, and revocasame, until the first day of April next succeeding, unless sooner ble at all times. revoked; and said license shall be revocable at all times by the authorities granting the same. 7. Upon conplaint made to the justice of any municipal or Searcl warrant police court, or to a justice of the peace, by the mayor, or by an mly be issued 514 PETROLEUM AND BURNING FLUIDS. upon complaint, alderman of any city, or by a selectman of any town, or by an m.&~'9c 15 ~7 inspector appointed under the provisions of this act, or any engineer of a fire department, fireward, chief of police, or city marshal, that he has probable cause to suspect, and does suspect, that any of the articles enumerated in this act are offered for sale, or are deposited and kept within the limits of said city or town, contrary to the provisions of this act, said justice or court may By whom to be issue a warrant, directed to any such inspector, engineer, or fire, served. ward, or to any sheriff, deputy-sheriff, constable or police officer ordering him to enter any shop, warehouse, manufactory, or any other building specified in the warrant, to make diligent search for such article or articles suspected to be so offered for sale, deposited or kept, and to make return of his doings to said justice or court forthwith. Oils not to renmain 8. None of the articles enumerated in this act shall be allowed in street, &c. more to remain in any street, lane, alley or travelled way, or upon any than 24 hours, nor in town more than wharf, or in any yard, or on the grounds of any railroad corpora48 hours without tion in any city for a longer time than twenty-four hours, and special permit, under penalty. in any town for a longer time than forty-eight hours, without Ibid ~ 8. a special permit from the mayor and aldermen of said city, or the selectmen of said town, or from some person by them duly authorized; and any and all persons so keeping such articles for a longer time, shall be punished by a fine of not more than fifty dollars for each and every such offence. Cities and towns 9. The city council of any city, and the inhabitants of any mioaytd laffi pen- town, may adopt such ordinances, by-laws and regulations, not alties. inconsistent with the provisions of this act, as they may deem Ibid. ~ reasonable in relation to the manufacture, mixing, storing, keeping or selling, within the corporate limits of said city or town, any of the articles herein enumerated, and may affix penalties for breaches thereof not exceeding fifty dollars for each offence, reasonable notice of which shall be given to all concerned. Kerosene for illu- 10. No person shall sell, or keep for sale, at retail, 1or illumiminating purposes nating purposes, any kerosene, refined petroleum, or any product not to be sold without inspec- of petroleum, without having the same inspected and approved by tion, under penty.under pen an authorized inspector. Any person violating the provisions of 869, c. 345, ~ 2. this section shall be fined and imprisoned in the inanner provided in the first section of chapter one hundred and fifty-two, of the acts of the present year. cities and towns 11. The city council of any city, and the inhabitants of any nay regulate the town, may adopt such rules and regulations as they deem reasonstorage an d sale of campihene, &c. able in relation to the storage and sale, within the limits thereof, G.. 88, ~ o. of camphene, or any similar explosive or inflammable fluid, and may affix penalties for breaches thereof, not exceeding twenty dollars for any one offence. PETROLEUM AND BURNING FLUIDS. 515 ORDINANCES. PETROLEUM AND ITS PRODUCTS.1 SECTION 1. Any person desiring to manu- Application tobe made to the board facture, refine, mix, store or keep for sale, any ofaldermento keep, &c., over 100 oil or fluid, composed wholly or in part of any of gallon 189. the products of petroleum, in a greater quantity than one hundred gallons, in any one place in the city of Boston, except as provided in the fifth section of chapter one hundred and fifty-two, of the acts of the year eighteen hundred and sixty-nine, shall make application in writing for a license therefor, to the board of aldermen of said city, and shall state in such application the place, building, or part of a building, for which he desires a license, and whether he desires a license for manufacturing, refining and mixing said articles, or any of them, or a license for storing and keeping them, or both. Such application shall be referred to the chief engineer of the fire department, who shall, within one week from the time of such reference, examine, Examination of premises to be or cause to be examined, by one of the assistant made by engineers of fire department. engineers the place or building described in such application, and report in writing to the board of aldermen, his opinion of the propriety of granting the license applied for. SECT. 2. INo license shall be granted for Nolicense shallbe granted for stormanufacturing, refining, mixing, storing or keep- ing,&c., upon streets, wharves, ing said articles, or any of them, upon any alley, &Cd. 1 An ordinance in relation to the manufacture, storage, and sale of petroleum and its products, passed September 17, 1869. 516 PETROLEUM AND BURNING FLUIDS. Sept 17, 869. sidewalk, street or wharf, within the limits of the city, nor in any part of a building occupied in whole or in part as a dwelling-house; nor upon any floor of a building above the first floor. No licene shall be SECT. 3. iNo license shall be granted for mixgranted for storing, &c., above te el- ing, storing or keeping crude petroleum, naphtha, lar of buildings, nss, &c. or gasoline in any part of a building above tlie cellar, unless said articles are contained in metallic vessels securely closed. No license shall be SECT. 4. No license shall be granted for sellgranted for selling petroleum not i- ing or keeping for sale at retail, for illuminating spected. Ibid, purposes, any kerosene, refined petroleum, or any product of petroleum, which has not been inspected by the officer appointed for that purpose by the mayor and aldermen. Licenses may be SECT. 5. Except as hereinbefore expressly granted for mannfacturing, &c.in provided, licenses may be granted for manufacgreater quantities an 00 gallons in turilg, refining mixing, storing and keeping said suitable localities. Ibid. articles, or any of them, in cellars, or upon the first floor of buildings, or in other suitable localities, in such quantities over one hundred gallons, and in such a manner as the board of aldermen may in each case determine, except that no license shall be granted for manufacturing, refining, mixing, storing or keeping said articles, or any of them, upon the first floor of any building in a greater quantity than one hundred gallons, unless the same be contained in metallic vessels securely closed, or the foundations and walls of said building be of brick, stone or iron, and the sills or walls of said building be built without apertures for a space of at least one foot above the floor. PETROLEUM AND BURNING FLUIDS. 517 SECT. 6. There shall be expressed in said Terms of the license. license the name of the person or persons to Sept. 17,l 181. whom the license is granted, and whether he, or they, are permitted to manufacture, refine and mix said articles, or any of them, or to store and keep them, or both, and a description of the place, building, or part of a building licensed, and any limitations upon the quantity of said articles, or any of them, which may be manufactured, refined, mixed, stored or kept therein, or upon the manner of manufacturing, refining, mixing, storing or keeping the same which the board of aldermen may in each case see fit to impose; and any person so licensed may manufacture, refine, mix, store or keep said articles, or any of them, according to the terms of his license, either on his own account, or on account of any other person. Any Engineers of fire department, and person holding such a license shall allow the inspectors, to be allowed to enter chief engineer of the fire department, or any premises. of the assistant engineers, or the inspector or inspectors appointed by the mayor and aldermen, to enter the premises described in the license, and take such samples of oils and make such examinations of the premises as said engineers or inspectors deem expedient. Any violation of the terms of said license shall work a revocation of the same, and the board of aldermen may revoke any license, without cause, at any time. SECT. 7. The chief and assistant engineers Duties ofengineer of fire department of the fire department shall make complaint to to make complaint of violations of the municipal court of all violations of the pro- statte. visions of chapter one hundred and fifty-two,,and chapter three hundred and forty-five, of the acts 44 518 PETROLEUM AND BURNING FLUIDS. Sept. 17869. of the year eighteen hundred and sixty-nine, and bring suits, in the name of the mayor of the city, against all persons who manufacture, refine, mix, store, or keep for sale any oil, or fluid, composed wholly or in part, of the products of petroleum, without the license required by this ordinance. CAMPHENE AND BURNING FLUID.1 Peons to be SECT. 8. No person shall keep for sale, or licensed to keep nd sell canpene shall store in any building within the city of and burning fluid. Nov.,,185. Boston, any camphene or burning fluid, without a license from the board of aldermen, under a Penalty. penalty of not less than one, nor more than twenty dollars, for each offence. License, how ob- SECT. 9. Every person desiring to obtain a tained. Ibid. license to sell or store camphene or burning fluid in said city, shall make written application therefor to the chief engineer of the fire department, stating in said application the place or building in which he desires to sell or store the said articles, and the manner in which he proposes to keep them, and the chief engineer of the fire department shall examine the premises; and report to the board of aldermen his opinion of the safety of granting a license, and after his report the board of aldermen may act upon said application. License, how long SECT. 10. All licenses granted under the to continue. Ibid. provisions of the previous section shall continue and be in force from the time of granting them until the first day of April next succeeding. 1 An ordinance relating to camphene, passed November 3, 1855. POLICE. 519 SECT. 11. Every person, at the time of receiv- Fee for licelle. Nov. 3,185o. ing said license, shall pay therefor the sum of one dollar. COMPENSATION OF THE INSPECTOR OF PETROLEUM.1 Ordered, That, until otherwise ordered, the compensation of the inspector, appointed under Compensationof inspector. the authority of chapter one hundred and fifty- Aug.23,189. two, of the acts of the year eighteen hundred and sixty-nine, to inspect petroleum, earth-rock oil, and any of their products, shall be as follows: For every inspection of a sample of oil, or for a lot of ten barrels, or less, he shall be paid the sum of fifty cents; for every lot of more than ten barrels, he shall be paid five cents for each barrel inspected, after the barrel has been placed in position and the bung removed. POLICE. STATUTES. 5. Aldermen, &c., may order a Local Police. watch where none is estab1, ^. ], lished, &c. 1. General Statute provisions relat- ished, &C. t t p, a t w 6. Persons liable to do watch and ing to the police, and to watch ward duty. and ward. ward duty. and.~ ward. 7. Personsexemptfrom such duty. 2. Cities may establish and keep Peron e such u 8. Penalty on those liable to such watch. Appointlment andexduty for neglect or refusal. penses. 9. Neglect or refusal to aid officers 3. Duties and powers of watch. when called on, how pun4. Police officers may carry weap- i. ished. ons, &c. 1 Order of the Board of Aldermen. Passed Aug. 23, 1869. 520 POLICE. 10. Penalty for falsely assuming to 24. Governor may assume command be a police officer. of whole constabulary force of 11. Penalty for aiding a prisoner in State, &c. escaping from officer. 25. Town police, &c., to aid State 12. Special statute provisions for constables. Boston. 26. Police officers not released from 13. Appointment of police officers; their duties, but to act in hartheir powers and term of of- mony with State constables. fice. 27. State and town police to en14. Watch and police departments deavor to suppress use of may be united; organization liquor. and regulations. 15. Powers and duties of chief of ORDINANCE. police, of subordinate offi- 1. Police department, of whom to cers of police, and of police- consist. Appointment, rank, men. term of office, and powers and 16. Powers and duties of board of duties of officers and memaldermen over police officers bers of police. and policemen. 2. Vacancies, when and how to be 17. Powers, &c., of the board of al- filled. dermen, under the act of 1801, 3. Police officers to be sworn. c. 26. 4. Chief of police; his powers and 18. Powers and duties of policemen duties. under that act. 5. Bond of chief of police. 19. Powersand dutiesof policemen, 6. Chief of police to keep records under acts of 1796, c. 82, and and make reports. Clerk of 1801, c. 26. Badges of office. police department; appoint20. Expenses of watch, how raised, ment; to be sworn. &c. 7. Compensation. Witness fees. 21. Board of aldermen may estab- Fines. Abatements. lish a watch within the city, 8. Office of chief of police to be at such hour after sunset as kept open. they deem expedient. 9. Station houses to be always open to receive complaints. State Police. Police to enforce the laws, 22. Constable of the common- &c., and prosecute violations wealth to be appointed, &c. thereof. To keep an office in Boston, 10. Board of aldermen may make appoint deputies, &c. further rules and regulations. 23. Duties and powers of State po- 11. Policemen detailed for night lice. duty to do duty of watchmen. STATUTES. General Statute 1. The general provisions of the statutes relating to the provision rce ltig police, and to watch and ward, applicable to all cities and towns in the commonwealth, are contained in the ten following sections. Watch, cities,&c., 2. A city or town may establish and keep a watch and determay establish. mine the number and qualifications of the persons to be employed for that purpose. The mayor and aldermen, or selectmen, shall POLICE. 521 appoint a suitable person to be officer of the watch, and direct the Appointment and manner in which watchmen shall be equipped. The expense of xes. the watch shall be defrayed in like manner as other town charges. 3. The watch shall see that all disturbances and disorders are Duties and powers prevented and suppressed. During the night-time they may Ibid. ~2. examine all persons abroad whom they have reason to suspect of any unlawful design, demand of them their business abroad and whither they are going; may disperse any assembly of three or more such persons, and enter any building for the purpose of suppressing a riot or breach of the peace therein. Persons so suspected and not giving a satisfactory account of themselves, persons so assembled and not dispersing when ordered, and persons making, aiding, or abetting in a riot or disturbance, may be arrested by the watch, and shall thereupon be safely kept, by imprisonment or otherwise, until the next morning, and then taken before a police court or some trial justice, to be examined and proceeded against. 4. Police officers and officers and members of the watch, in Police,&c., tobe armed. any city or town, when on duty, may carry such weapons as the 864,.10, ~ 1. mayor and aldermen of such city, or the selectmen of such town, Ibid, ~3. shall authorize. Officers and members of the watch, when on duty, shall wear such badge of office as the mayor or selectmen direct, and shall walk the rounds in and about the streets, lanes, wharves, and principal inhabited parts of the city or town, to prevent danger by fire, and to see that good order is kept.' 5. The mayor and aldermen, or selectmen, of any place Selectmen, &c., wherein no watch as above provided is established, may, from &may ordernoatehs time to time, order a suitable watch to be kept in their place, and established. Ibid, ~4. warn all persons liable to watch and ward duty to perform the same. They may direct the number of the watch, the places and hours for keeping the same, may order in writing any constable or officer of the watch to warn such watch, either by himself or by some person therefor by him appointed, and to see that all persons so warned attend and perform their duty. 6. Every male person of the age of eighteen years or upwards, Persons liable to being able of body, or having sufficient estate to hire a substitute, watch and ward. Ibid, ~ 5. and not exempt, shall be liable to watch and ward in his city or town, and shall perform the duties, be subject to the liabilities, and have the powers of watchmen as the same are defined in this chapter. 1 For description of weapons, badges, and uniforms worn by the Boston police, see rules and regulations for the government of the police department, passed by the mayor and aldermen. 44* 522 POLICE. Persons exempt. 7. Justices of the peace, mayors, aldermen, selectmen, sheriffs' G. S. 23, ~6. settled ministers of the gospel, and persons living more than two miles from the place where such watch and ward is kept, shall be exempt. Penalty on persons 8. Persons liable to watch and ward, and without reasonable liable, &c., refusing,&c. excuse neglecting or refusing to appear and do duty personally, Ibid, ~7. or by sufficient substitute, and constables or officers or members of the watch refusing to execute and observe proper orders, shall forfeit ten dollars, to be recovered by complaint to the use of the commonwealth, or by action of tort to the use of the city or town. Neglect or refusal 9. Whoever, being required in the name of the commonto aid officers, how punished, wealth, by a sheriff, deputy sheriff, coroner, constable, police G. S.63,~16. officer, or watchman, neglects or refuses to assist him in the execution of his office in a criminal case, or in the preservation of the peace or the apprehending or securing of any person for a breach of the peace, or in a case of escape or rescue of persons arrested upon civil process, shall be punished by imprisonment in the jail not exceeding one month, or by fine not exceeding fifty dollars. Falsely assuming 10. Whoever falsely assumes or pretends to be a justice of to be an officer., n cntb, ofc Ibid. ~ 8. the peace, sheriff, deputy sheriff, coroner, constable, police officer, 10 Cush. 61. or watchman, and takes upon himself to act as such, or to require any person to aid or assist him in a matter pertaining to the duty of any such officer, shall be punished by imprisonment in the jail not exceeding one year, or by fine not exceeding four hundred dollars. Aiding prisoner to 11. Whoever aids or assists a prisoner in escaping, or escape from officer, attempting to escape, from an officer or person who has the how punished. G.s.163, ~12 lawful custody of such prisoner, shall be punished by imprisonment in the jail not exceeding two years, or by fine not exceeding five hundred dollars. Special statutes for 12. The following statute provisions relate specially to the Boston. city of Boston. Appointments of 13. The mayor and aldermen of Boston may, from time to iolice officers.. heirce ofersand time, appoint such police officers for said city as they may judge duties. necessary, with all or any of the powers of constables of said city, 1838, c. 123. 1854, c. 448, ~49. except the power of serving and executing any civil process; and 9 Met. 259. the said police officers shall hold their offices during the pleasure 12 Met, 233. of the mayor.1 1 The law does not require that a police officer of the city of Boston, appointed pursuant to stat. 1838, 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 POLICE. 523 14. The city council of the city of Boston are hereby author- Watch and police ized and empowered to unite, by ordinance, the watch and nited. 1853, c. 354, ~ 1. police departments of the said city into one department, and to organize the same, and from time to time to establish regulations therefor, not repugnant to the laws of the commonwealth, 15. The chief of the police, who may be authorized to act by Powers and duties of chief of police virtue of such ordinance, shall have and exercise all the powers nds ubordinate.;and duties which by the laws now in force may be had and officers. Ibid. ~2. exercised by the head constable of the watch of the city of Boston; and the deputy chiefs of the police, and captains and lieutenants of the police, who may be authorized to act by virtue of such ordinance, shall have and exercise all the powers and duties which, by the laws now in force, may be had and exercised by the constables of the several divisions of the watch of the,city of Boston; and the said officers, and the policemen, who shall be appointed under the provisions of such ordinance, shall have and exercise all the powers and duties which may be had.and exercised either by the watch of the city of Boston, or by.the police of the said city, by virtue of the seventeenth chapter,of the revised statutes of this commonwealth and other existing.laws.1 16. The mayor and aldermen of the city of Boston shall have Duties, &c, of.and exercise all the powers and duties in relation to the officers board of aldermen in relation thereto..and policemen mentioned in section fifteen, which, by the laws bid. ~3. sworn. Commonwealth vs. Dugan, 12 Met. 233. See, however, the ordinance -passed December 23, 1862, page 527, ~ 3. 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 a con-.stable, 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 vs. Hastings, 9 Met. 257. The statute of 1852, c. 162, extended the provisions of this section to all the cities and towns in the commonwealth Under that act the selectmen of a town appointed a person a police officer of the town, " to continue in said office until the next annual town meeting," and the appointment was held valid. Commonwealth vs. Higgins, 4 Gray, 34. 1 The General Statutes, chapter twenty-third, contain the provisions of the seventeenth chapter of the revised statutes. They can be found, ante, pp. 520, 521, ~~ 2, 11. 524 POLICE. 1853, c. 354, ~ 3. now in force, they may have and exercise in relation to the watch and watchmen and the police of the city of Boston.1 Board of aldermen 17. The act of eighteen hundred and one, chapter twentymay appoint watchmen. six, authorized the selectmen of the town of Boston (whose 1801, c. 2, ~. powers, by the thirty-third section of the city charter. are trans1821, c. 110, ~~ 1,13. 1854, c. 448, ~ 33. ferred to the board of 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 also a constable for each division thereof; and the several constables of divisions were required to report every morning 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 duties 18. The head constable, the several constables of divisions, of policemen. 1801, c. 26, ~2. and the watchmen appointed by virtue of the said act, shall have 179, c. 82, ~ 2. the same powers, and shall be held and obliged to perform the same duties, as are required of watchmen, by a law of this coinmonwealth, passed March the tenth, seventeen hundred and ninety-seven, entitled " an act for keeping watches and wards in towns, and for preventing disorders in streets and public places." Powers and duties 19. The act of seventeen hundred and ninety-six, chapter of policemen. 796,.82,. eighty-two, referred to in the preceding section,2 gave the power to direct and order a suitable watch or watches to be kept nightly, from and after nine o'clock in the evening, until sunrising in the morning; and also in the daytime and evenings, when To prevent and it should be thought necessary. And the watch were to be suppress disturbancs and disord- charged "to see that all disturbances and disorders in the night ers,&c. be prevented and suppressed; and to examine all persons whom Ibid. 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 1 This act was passed May 21, 1853, and was to be void unless accepted by the city council of the city of Boston within sixty days after its passage. It was accepted by the city council June 2, 1853. 2 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 General Statutes, c. 23, are applicable to Boston, superseding the former enactnents, - quceree. The act of 1796, c. 82, is among the general laws that were repealed by the revised statutes, and the act establishing the revised statutes is repealed by the General Statutes. The provisions of the General Statutes on this subject are given, ante, pp. 520, 521, ~~ 2, 10. POLICE. 525 whither they are going; and in case they give not reasonable 1796, c. 82,~2. 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 their offences, as is by law directed. And such To walk the watchmen shall walk the rounds in and about the streets, rounds. 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 observe the charge to be given them as aforesaid. And each constable, when attending To carry his badge watch or ward, shall carry with him the usual badge of his office." ofoffice. Ibid. The same act 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 To carry quarter pike. a quarter pike, with a spire on the top thereof; and that every Ibid. ~ 4. watchman, as well in this as in the constable's watch, should carry To carry staf. staff with a bill fastened thereon, as was usual. Ibid. 20. The expenses that may be incurred, by reason of the Expenses of, &e., establishment of the watch aforesaid, shall be raised, levied, and 1.ow'raicsd. 1801, c. 26, ~ 3. collected, as the other expenses of said city are or may be raised, 1821, c. 10, ~ 1. levied, or collected; any law to the contrary notwithstanding. 21. Whenever the board of aldermen of the city of Boston Board of aldermen shall establish a watch within said city, in pursuance of the pre- ma scet the waft ceding provisions, the said board of aldermen may, and they are sunsetas they shall judge expedient. hereby authorized to set such watch, at such hour after sunset, s83, c 62P. as they shall judge expedient; and from and after such hour, the See p.l aIte. said watch shall and may exercise all the powers given in and by the several acts aforesaid, anything in the said acts to the contrary notwithstanding. 22. There shall be appointed by the governor, with the con- Constable of tlhe sent of the council, an officer, to be entitled the constable of the.opmponealth to commonwealth, who shall be commissioned to hold office for three s186, c. 249, ~ 1. years, unless sooner removed. Such officer shall reside in the city Tokeep anooffe of Boston, and keep an office at some place therein, to be approved in Boston, appoiolt deputies, &e. by the governor; he shall appoint as many deputies as the governor and council may direct, having at least one deputy in each county of the commonwealth, and at least twenty deputies in the county of Suffolk. 23. The said constable of the commonwealth and his deputies Duties and poawer of State police.. shall have and exercise all the common law and statutory powers Ibi. ~ 2. of constables, except the service of civil process, and also all the G. s. 17. ~s 6. ofosgiventothepoliceorwatchmn, by te s of G. S 18, t~~ 3 ~65 67 powers given to the police or watchmen by the statutes of the c. 526 POLICE. G. S. 26, ~20. commonwealth, or the charters or ordinances of the several cities,. S. 84, ~7. concurrently with such officers, and their powers as constables G. S. 86, 87, ~~ 6, 7. 97 Mass. 6o, shall extend throughout the commonwealth. Said constable and 1865 c. 249, ~ 2. his deputies shall at all times obey all orders of the governor in relation to the preservation of the public peace, or- the execution of the laws throughout the commonwealth, and it shall be their duty to see that the laws of the commonwealth are observed and enforced; and they shall especially use their utmost endeavors to repress and prevent crime, by the suppression of liquor shops, gambling places, and houses of ill-fame. overnor may as- 24. The governor shall have power at all times, in any emersume command of whole constabulary gency, of which he shall be the judge, to assume command of the force of State, &c. whole or any part of the municipal police and constabulary force in any place, and to authorize the constable of the commonwealth to command their assistance in the execution of criminal process, in suppressing riots, and in preserving the peace. Town police, &c., 25. It shall be the duty of the constables of the several towns to aid State constables. and cities of the commonwealth, city marshals, chiefs of police, 186c. 261,~ 2. and all other police officers, to aid the constable of the commonG. S. 18, ~~ 60, 70. wealth and his deputies in the discharge of their duties, whenever reasonably notified and called upon for that purpose. Police officers not 26. This act, and the act to which this is in addition, shall not released from their duties, but toact in be construed as releasing the police officers of the towns and cities harmony with of the commonwealth from their duty to see that all the laws of State constables. Ibid. ~3. the commonwealth are observed and enforced; it being the design G. S. 18, ~~ 0, 70. of this act and the aforesaid act, that all the police officers herein named shall act in harmony and full co-operation, to the end that the laws may be executed and crime suppressed. State and town 27. The constable of the commonwealth, his deputies and all pulice to endeavor to suppress use of other police officers, shall use their utmost endeavors to repress liquor, &c. and prevent other crimes, by the suppression of all illegal manuIbid. ~ 4. G. s. 86. facture and sale of intoxicating liquors. ORDINANCE.1 Police department SECTION 1. The police department shall conto consistof whom. M:arch 17,1863. sist of the chief of police, one deputy chief of April 11, 1868. police, one captain of police for each police district, and such number of lieutenants, detectives, sergeants, patrolmen and stewards, as the board 1 An ordinance on the police, passed December 23, 1862; an ordinance in addition thereto, passed March 17, 1863; amended April 11, 1868. POLICE. 527 of aldermen, with the approval of the mayor, March 17,1863. shall deem necessary; they shall be appointed by Appointment, v )~~~~~~~~~~ " v 1 x v rank. term of office, the mayor and aldermen, and take rank in the and powersand duties. order in which they are named; and they shall Ibid. severally hold their offices until vacated by death or resignation, or until they may be removed by the mayor; and they shall perform all the duties, and be subject to all the rules and regulations which now are, or may hereafter be, prescribed by the ordinances of the city council, or the orders of the board of aldermen. SECT. 2. Whenever there is a vacancy in any Vacancies,when and how filled. of the offices aforesaid, the mayor shall nominate ibid. to the board of aldermen, for their confirmation or rejection, persons to fill them; and if the board of aldermen reject any such nominations, the mayor shall make new nominations to fill the places so vacant, within two weeks after such rejection. SECT. 3. Before entering upon his duties, Police officers to be sworn. each officer so appointed and confirmed shall Dec.23,1862. be sworn to the faithful discharge of the duties assigned him. SECT. 4. The chief of police shall be the Chiefofpolice,his powera and duties. head of the department of police, and shall Ibid. have entire control of the department, its officers and members, and of all constables and other officers when engaged in the service of the city. He shall devote his whole time to the municipal affairs of the city of Boston, to preserve the peace, order, and cleanliness thereof, and to 528 POLICE. Dec. 23s, 862. this end he shall execute and enforce the special laws relating to the city, the ordinances and orders of the city council, and the orders of the mayor and of the board of aldermen. He shall take notice of all nuisances, impediments, obstructions, and defects in the streets, lanes,, alleys, courts, public places and squares of the: city, and shall remove the same, or take all proper measures in relation thereto, according to the laws and ordinances, under the direction of the board of aldermen. Bond of chief of SECT. 5. The chief of police shall, before, police. Ibid. entering upon the duties of his office, give to the treasurer of the city of Boston, a bond in the sum of five thousand dollars, with sufficient sureties, in a like sum, for the faithful performance of the duties of his office. Chief of police to SECT. 6. The chief of police shall keep full keep records. Ibid. and complete records of the business of the department; and for that purpose shall nominate, in the month of February or March, annually, clerk. to the mayor, a clerk of the department, which nomination shall be sent to the board of aldermen for confirmation, and if approved by them, the person so nominated and confirmed shall, before Oath. entering upon the duties assigned him, be sworn to the faithful discharge of his duties, and the hief of policeto chief of police shall, as often as once in three make reports. Ibid. months, and at all times, when specially required, make a report of the doings of his department. Compensation SECT. 7. The chief of police and the other POLICE. 529 officers, clerk and members of the department, Mitness fees. De. 23, 1862. shall receive such compensation as the city coun- 9 Gray, 78. cil may from time to time determine. They shall account to the city treasurer for all fees received as witnesses on complaints or prosecutions, and in cases in which the city is a party; but when summoned, and in attendance as witnesses for the government in the county of Suffolk, before the grand jury, or in the superior court for the transaction of criminal business, they may, when off duty, receive for their own use, and without accounting to the city treasurer therefor, one attendance fee a day, and no more; and from Fines, and abatements. their stated compensations shall be deducted all fines or abatements incurred for disobedience of the rules and regulations made for the government of the department as therein provided. SECT. 8. The office of chief of police shall Officeofchiefof police to be kept be open at all suitable times, under the direction open. of the board of aldermen, for the purpose of receiving complaints of the inhabitants respecting offences against the laws and ordinances. SECT. 9. The several station houses of the Station houses to be always open, &c. police shall be open at all hours of the day and Ibid. night for the purpose of receiving complaints from the inhabitants respecting offences against the laws of the commonwealth and ordinances of the city; and the chief of police, and the deputy Police to rosecute violations of law. chiefs of police, shall cause proceedings to be Ibid. instituted for the prosecution of violations of the laws and ordinances, and attend to the trial of the same; and each member of the department shall 45 530 PORTERS. Dec. 23, 1862, devote his entire time to the municipal affairs of the city, the preservation of order, and the mainTo enforce the tenance of the peace thereof; and they shall laws, &c. Ibid. enforce the laws of the commonwealth, the special laws and ordinances of the city of Boston, and discharge such other duties as, by special orders, they may be required to perform. Board of aldermen SECT. 10. The board of aldermen may make, may make further rules and regula- from time to time, such further rules and regulations,. Ibid. tions for the government, disposition, and management of the police, as they may deem expedient; provided, such rules and regulations are not inconsistent with the laws of this commonwealth, or the laws and ordinances of the city of Boston.1 Policemenon SECT. 11. All the duties heretofore required night duty to do duty owatchmen. by the laws of the commonwealth, or the laws Ibid. and ordinances of the city of Boston, or orders of the mayor or board of aldermen, to be performed by watchmen, shall be performed by the policemen who are detailed for night duty. PORTERS. STATUTES. 3. Penalties for asking more than 1. Selectmen (board of aldermen) selectmen allow for services, to appoint porters. To regu- or for appearing without a late their wages. Porters to badge. wear badges. 4. Security to be given by porters. 2. Penalty for persons unlicensed They may be removed for disacting as porters. orderly conduct. 1 See rules and regulations for the government of the Boston police. PORTERS. 531 STATUTES. 1. An act for the better regulating porters employed within Selectmen (board of aldermen) to the town of Boston,1 passed in seventeen hundred and forty-one, appoint porter. and originally to continue for seven years, and no longer, but 1741, ~. made perpetual March the seventh, seventeen hundred and ninety-seven, provided,That the selectmen 2 of the town of Boston, for the time being, shall have full power and authority to order what number, and who, shall be employed, and take upon them the business of carrying goods, wares, and merchandises, for pay or wages, as To regulate their common porters within the said town; and what rate or price wages. such persons shall ask, receive, and take for their labor, service, and attendance, according to the distance of place or other circumstances, the selectmen shall order and ascertain; all which persons, so admitted by the selectmen, shall at all times, when in the service or doing the business of porters, wear a badge or Porters to wear badges. ticket, with the figure of a pine-tree marked thereon, on some Ibid part of his upper garment or girdle; which badge or ticket shall be numbered, and a fair entry of each porter's ticket made in the selectmen's books, as also the wages they are to ask and receive, within ten days after the approbation of the selectmen as aforesaid. 2. That whosoever shall presume to take up the business and Penalty for person s unlicensed acting employ of a common porter, and convey or carry goods and as porters merchandise from place to place, within the town of Boston, for Ibid. ~2. hire or wages, without being admitted by the selectmen as aforesaid, shall forfeit and pay the sum of twenty shillings for every time he shall be convicted thereof, before any one of his majesty's justices of the peace, within the county of Suffolk, at Boston 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 merchandises, 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 porter, 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 inconveniences for-the future, Be it enacted," &c. 2 By the city charter, see ante, p. 15, ~ 33, the powers previously vested in the selectmen are vested in the board of aldermen. 532 PRINTING. 1741, ~ 2. 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 one-half to him or them that shall inform and sue for the. same. Penalty for asking 3. That whosoever, being admitted as a porter as aforesaid, more than s.elect- shall ask, take, and receive any more than what the selectmen men allow for ser- vices. shall allow for any work or service, shall, for every such exaction, Ibid. ~3. forfeit and pay the sum of twenty shillings, to be recovered and Penalty forappear- disposed of as hereinbefore directed; and if any person admitted ing without a and approved of as aforesaid, as a common porter, shall officiate or badge. Ibid. concern himself in the business of transporting goods or merchandise, not having his badge or ticket, shall, for every such breach of the said act, forfeit and pay the sum of twenty shillings, to be recovered and disposed of as aforesaid. Security to be 4. That the selectmen shall require and take bond of each one gi by porters of the porters admitted as aforesaid, with sufficient surety, in a Ibid. ~ 4. sum not exceeding fifty pounds, for their orderly and faithful acting in the business; more especially their safe conveying and They may be re- delivering such goods as shall be committed to them; and that moved for dis- upon complaint made to the selectmen that any whom they may orderly conduct. Ibid. have admitted as aforesaid do not behave and conduct themselves echarter, p., orderly, peaceably, and quietly towards their employers, it being made to appear, the party accused being seasonably notified thereof, such person may be removed, and other meet and orderly person admitted in his room. PRINTING. ORDINANCE.1 A joint standing committee on printing to be appointed. A joint standing There shall be appointed annually, in the month committee on printing to beap- of January, a joint standing committee of the city pointed. Dec. 24, 1846. council, to be called the committee on printing, Dec. 29,1866. April 11, 868. consisting of two members of the board of aldermen, and three members of the common council, 1 An ordinance relating to printing, passed December 24, 1846; amended December 29, 1866, April 11, 1868. REGISTRY OF BIRTHS, ETC. 533 whose duty it shall be to contract for the city Dec.24,1846. Dec. 29,1866. printing, to see that the work performed, and the Aprl 11, 868. materials provided, are in conformity with the terms of the contract; and to approve all bills for printing. All contracts for city printing shall be approved and signed by the mayor. REGISTRY AND RETURNS OF BIRTHS, MARRIAGES, AND DEATHS. STATUTES. 11. Registrars may be chosen in 1. City and town clerks to record certain cases. births, marriages, and deaths. 12. Secretary to prosecute for pen2. Parents and others to give notice alty. of births and deaths. 13. Towns may make additional 3. Physician to certify, &c. Pen- rules, &c. alty. 14. Penalty for sending to publish4. Sextons and others to make re- ers of newspapers fraudulent turns to city and town clerks. notices of births, marriages, Clerks to give certificates. and deaths. Penalties. 5. Clerk to transmit copies of re- ORDINANCE. cords to secretary. 1. City registrar to be elected; 6. Record of clerk or certificate tenure of office; vacancies, thereof to be evidence. how filled. 7. Clerk, fees of, &c. Penalty. 2. To perform duties of clerks and 8. Superintendents of State alms- registrars in relation to births, houses to record, return, &c., marriages, and deaths. facts in relation to births, &c. 3. To report to city council. 9. Secretary to furnishblank books 4. Assistant registrars. and forms for returns. 5. Compensation of registrar. 10. Secretary to cause returns to 6. Compensation of undertakers. be bound, &c.; to report to legislature, &c. STATUTES. 1. The clerk of each city and town shall receive or obtain, city and town and record and index, the following facts concerning the births, irtk t reoriades marriages, and deaths therein, separately numbering and re- and deaths. G. S. 21, ~ 1. cording the same in the order in which he receives them, desig- See~ 11. nating in separate columns: 45* 534 REGISTRY OF BIRTHS, ETC. Births. In the record of births, the date of the birth, the place of birth, G. S.21, ~1. the name of the child (if it have any), the sex and color of the child, the names and the places of birth of the parents, the occupation of the father, the residence of the parents, and the date of the record; Marriages. In the record of marriages, the date of the marriage, the place Ibid. of marriage, the name, residence, and official station of the person by whom married, the names and the places of birth of the parties, the residence of each, the age and color of each, the condition of each (whether single or widowed), the occupation, the names of the parents, and the date of the record; Deaths. In the record of deaths, the date of the death, the name of the Ibid. deceased, the sex, the color, the condition (whether single, widowed, or married), the age, the residence, the occupation, the place of death, the place of birth, the names and places of birth of the parents, the disease or cause of death, the place of burial, and the date of the record. Parentsand others 2. Parents shall give notice to the clerk of their city or town to give notice of of the births and deaths of their children; every householder shall births and deaths. Ibid. ~2. give like notice of every birth and death happening in his house; See ~ 11. the eldest person next of kin shall give such notice of the death of his kindred; the keeper of a workhouse, house of correction, prison, hospital, or almshouse, except the State almshouses at Tewksbury, Bridgewater, and Monson, and the master or other commanding officer of any ship shall give like notice of every birth and death happening among the persons under his charge. Whoever neglects to give such notice for the space of six months after a birth or death, shall forfeit a sum not exceeding five dollars. Physician to cer- 3. Any physician having attended a person during his last illPenatfy. ness, shall, when requested within fifteen days after the decease of Ibid. ~3. such person, forthwith furnish for registration a certificate of the duration of the last sickness, the disease of which the person died, and the date of his decease, as nearly as he can state the same. If any physician refuses or neglects to make such certificate, he shall forfeit and pay the sum of ten dollars to the use of the town in which he resides. Sextons and others 4. Every sexton, undertaker, or other person having charge to make returns to of a burial-ground, or the superintendent of burials having charge city and town clerks, of the obsequies or funeral rights preliminary to the interment of Penalties. Ibid. ~ 4. a human body, shall forthwith obtain and return to the clerk of the city or town in which the deceased resided or the death occurred, the facts required by this chapter, to be recorded by said officer concerning the deceased, and the person making such return shall receive from his city or town the fee of ten cents therefor. REGISTRY OF BIRTHS, ETC. 535 The clerk, upon recording such facts, shall forthwith give to the Clerk to give certificate, person making such return, a certificate that such return has G.S.1, 4. been made, which certificate such person shall deliver to the per- See 11. son having charge of the interment, if other than himself, before the burial, when practicable, otherwise within seven days thereafter. When a burial takes place, and no certificate is delivered as aforesaid, the sexton, undertaker, or other person having charge of the interment, shall forthwith give notice thereof to the clerk,,under penalty of twenty dollars. 5. The clerk of each city and town shall annually, on or before To transmit copies the first day of February, transmit to the secretary of the corn- tSeretary mnonwealth, certified copies of the records of the births, marriages, lbid.~ See ~ 1I. and deaths which have occurred therein during the year ending on the last day of the preceding December. 6. The record of the town clerk relative to any birth, mar- Kecord of clerk, riage, or death,.shall be primnd&facie.evidence, in legal proceedings, &.,tobe evdence. Ibid. ~ 6. of the facts recorded. The certificate signed by the town clerk 10 Allen, 161. for the time being shall be admissible as evidence of any such record. 7. The clerk shall receive from his city or town for obtaining, Fees of, &c. recording, indexing, and returning to the secretary of the corn- Penalty. Ibid. ~ 7. monwealth, the facts in relation to a birth, thirty cents; a mar- lGG6 c. 138. riage, fifteen cents; for each death returned to him by the persons See ~I specified in sections two, three and four, of chapter twenty-one,of the General Statutes, twenty cents for each of the first twenty entries, and ten cents for each subsequent entry; for each death not so returned, but by him obtained and recorded, twenty tents; but a city or town containing more than ten thousand inhabitants may limit the aggregate compensation allowed to their clerk. Hle shall forfeit a sum not less than twenty, nor more than one hundred dollars, for each refusal or neglect to perform any duty required of him by this chapter. 8. The superinteadlents of the State almshouses at Tewks- Superintendentsof bury, Bridgewater, and Monson shall obtain, record, and make Stateal.ms.ehousesto J./~~~~ I^~~~~~~~~~~~ teI~~~~~~ "record, return, &c., return of the facts in relation to the births and deaths which occur facts in relation to in their respective institutions, in like manner as is required of Ibitds, 8. town clerks. The clerks of said towns shall, in relation to the births and deaths of persons in said almshouses, be exempt from the duties otherwise required of them by this chapter. 9. The secretary shall, at the expense of the commonwealth, Secretaryto fur prepare and furnish to the clerks of the several cities and towns, nish blank book p and forms for reand to the superintendents of the State almshouses, blank books turns. of suitable quality and size to be used as books of record under Ibid ~9. this chapter, blank books for indexes thereto, and blank forms for returns, on paper of uniform size; and shall accompany the same 536 REGISTRY OF BIRTHS, ETC. G. S.21. ~. with such instructions and explanations as may be necessary and useful. City and town clerks shall make such distribution of blank forms of returns furnished by the secretary as he shall direct. To cause returns to 10. The secretary shall cause the returns received by him for be bound, &c. Toreport.tolegisla- each year to be bound together in one or more volumes, with iture,. indexes thereto. He shall prepare from the returns such tabular Ibid. ~ 10. results as will render them of practical utility, make report thereof annually t tthe legislature, and do all other acts necessary to carry into effect the provisions of this chapter. Registrars may be 11. Any city or town containing more than ten thousand chsen in certain inhabitants may choose a person other than the clerk to be Ibid. 11. registrar, who shall be sworn, and to whom all the provisions of this chapter concerning clerks shall apply. The returns and notices required to be made and given to clerks shall be made and given to such registrar under like penalties. Secretary to prose- 12. The secretary of this commonwealth shall prosecute, by Ibid. ~r12." an action of tort in the name of the commonwealth, for the recovery of any penalty or forfeiture imposed in the preceding sections. Towns may make 13. Any city or town may make rules and regulations to additional rules, enforce the provisions of this chapter, or to secure a more perfect Ibid. ~13. registration of births, marriages, and deaths, therein. Penaltyfor sending 14. Any person who shall wilfully send to the publishers of newspaplLerfa d- any newspaper, for the purpose of publication, a fraudulent notice ulent notices of of the birth of a child, or of the marriage of any parties, or of the barthd arriage death of any person, shall, upon conviction thereof, be punished and deaths. 1860, c. 195. by a fine not exceeding one hundred dollars. ORDINANCE.1 City registrar to be SECTION 1. There shall be elected, annually, elected. lept.9,1850. on the first Monday of February, or within sixty days thereafter, and whenever a vacancy occurs, by concurrent vote of the two branches of the city council, a city registrar, who shall hold Tenure of office; his office one year from the first Monday of April, vacancy. Ibid. in the year of his election, and until a successor is elected, or he is removed. He may be removed 1 An ordinance providing for the appointment of a city registrar, passed September 9, 1850. REGISTRY OF BIRTHS, ETC. 537 at the pleasure of the city council, and a vacancy Sept.-9,185. may be filled at any time for the unexpired term. SECT. 2. The city registrar shall perform the Toperformduties of clerks and regisduties required by law to be performed by town trarin relation to births, marriages, and city clerks, or town and city registrars, in andtdeat relation to births, marriages, and deaths; and he shall have the custody of all records, books, and papers belonging to the city, relating to these matters. SECT. 3. The city registrar shall, in the month ro report to city council. of January, annually, report to the city council a Ibid. statement of 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, the board of aldermen, or the city council. SECT. 4. The city registrar is authorized to Assistant registrars. employ one or more assistants, to act under Ibid. his authority and direction, in obtaining information concerning all matters which may legally come under his superintendence. SECT. 5. The city registrar shall receive, in Compensation of registrar. full compensation for all his services under the Ibid. 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. 538 REPORTS. - REWARDS. ompensation of SECT. 6. The compensation required by law undertakers. Sept. 9,1850. to be paid for obtaining and returning to the See ante, p. 339. city registrar the information required concerning persons deceased, shall be understood as included in the fees provided to be paid to undertakers, in the twenty-third section of the ordinance relating to the public health.' REPORTS. STATUTE. 1. Cities to send annual report,to State. 2. Penalty for neglect. STATUTE. Annual reports for 1. One copy or more of the annual report, or of any special State library. 66, c. 5, ~ 1. report relating to income, expenditures, or other municipal affairs of any city or town, shall be returned by the clerk thereof, on or before the last day of April in each year, to the State librarian, to be deposited and preserved in the State library. Penaltyforneglect. 2. If any city or town shall neglect or refuse to make the Ibid. ~ 2. return required in the first section of this act, such city or town shall thereby forfeit its share of the publications hereafter to be distributed by authority of the commonwealth, and said publications shall be withheld until the provisions of this act are complied with. REWARDS. STATUTES. 3. City council may raise money 1. Mayor and aldermen may offer and expend the same for $500 reward. detection of felons. 2. How to be paid, when more than one claimant. 1 See "Health," ante, p. 339. RIOTS. 539 STATUTES. 1. The mayor and aldermen of any cityr, or the selectmen Rewards of $500 of any town, when, in their opinion, the public good requires it, may be offered 1866, C. 9, ~ 1. may offer a suitable reward, to be paid by such city or town, not G S. 170, ~7. 5 Met. 56. exceeding five hundred dollars in one case, to any person who, in 7 Met. 409. consequence of such offer, detects and secures any person who has 5 Cush. 219. 7 Gray, 374. committed a capital crime, or other high crime or misdemeanor 8 Allen, 477. in such place; and such reward shall be paid by the treasurer upon the warrant of the mayor and aldermen or selectmen. 2. When more than one claimaint appears, and applies for Payment of reward. the payment of such reward, the mayor and aldermen or select- G. as.70,~. men shall determine to whom the same shall be paid; and if to 1866.c.9,~2. more than one person, in what proportion to each; and their determination shall be final and conclusive. 3. The inhabitants of any town, and the city council of any City council may city, are hereby authorized to raise money and expend the same rse nd the same for the purpose of procuring the detection and apprehension for detection of rD~-~~~~~~~~~~ ~~felons. of persons committing any felony in such place. 18i9. 206, ~ 1. RIOTS.1 STATUTES. 5. Armed force, if called out, to obey 1. Unlawful assemblies, how sup- orders of governor, judge, &c. pressed. 6. Officers, &c., to be held guilt2. Refusing assistance, when re- less, though death is caused. quired, or to disperse, when Rioters, &c., responsible. commanded. 7. Riotously destroying dwelling3. Neglect of mayor or other officer house, how punished, &c. to suppress, &c. 8. Towns, &c., to pay three-fourths 4. Officers may quell unlawful as- of value of property destroyed semblies, by force, &c. or injured. 9. May recover from offenders. STATUTES. 1. If any persons, to the number of twelve or more, being Unlawful assemarmed with clubs or other dangerous weapons, or if any persons, blies, how suppressed. to the number of thirty or more, whether armed or not, are un- G. s.64, ~ i. lawfully, riotously, or tumultously assembled in any city or town, Gray, 4808. 5 Gray, 93. 2 Allen, 152. 1 For provisions in relation to calling out troops in case of riots, see "Militia," ante, p. 451, ~~ 26-28. 540 RIOTS. G. s. 164, ~ 1. 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 such persons do not thereupon immediately and peaceably disperse, it shall be the duty of each of said magistrates and officers to command the assistance of all persons there present, in seizing, arresting, and securing such persons in custody, so that they may be proceeded with for their offence, according to law. Refusing assist- 2. If any person present, being commanded by any of the a.ce when required, or to magistrates or officers mentioned in the preceding section to aid disperse when or assist in seizing and securing such rioters, or persons so unlawcommanded. Ibid. ~ 2. fully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such magistrate or officer to depart from the place, refuses or neglects so to do, he shall be deemed one of the rioters, or persons unlawfully assembled, and may be prosecuted and punished accordingly. Neglect of mayor 3. If any mayor, alderman, selectman, justice of the peace, or other officer to suppress riots, i&c sheriff, or deputy-sheriff, having notice of any such riotous or ibid.~ 3. tumultuous and unlawful assembly, in the city or town in which he lives, neglects or refuses immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or omits or neglects to exercise the authority with which he is invested by this chapter,1 for suppressing such assembly, and for arresting and securing the offenders, he shall be punished by fine not exceeding three hundred dollars. Officers may quell 4. If any persons who are so riotously or unlawfully assembled, unlawful Ose&m- and who have been commanded to disperse, as before provided, blies by fbrce, &c. Ibid. ~4. refuse or neglect to disperse without 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 is expedient, forthwith to disperse and suppress such assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law. Armed force, if 5. When any armed force, called out in the manner provided called out, to obey by chapter thirteen of the General Statutes, to suppress a tumult orders of governor, Gn au suppress a judge, &c. or riot, or to disperse any body of men acting together by force, Ibid., ~ 5. i See G. s. c. 13, and with intent to commit a felony, or to offer violence to persons ~ 134; c. 144. ~~64, or property, or with intent by force or violence to resist or oppose ~~~~~65.~ ~ Chap 164 Gen Chap. 164 Gen. S'tats. RIOTS. 541 the execution of the laws of this State, arrives at the place of G. S.164, ~ 5. such unlawful, riotous, or tumultuous assembly, they shall obey such orders for suppressing the riot or tumult, and for dispersing and arresting all persons who are committing any of said offences, as they have received from the governor, or any judge of a court of record, or the sheriff of the county, and also such orders as they there receive from any two of the magistrates or officers before mentioned. 6. If by reason of the efforts made by any two or more of Officers, &c.,tobe said magistrates or officers, or by their direction, to disperse such hld guiltleiss assembly, or to seize and secure the persons composing the same, caused. Zn.~ It,,,Rioters, &c., rewho have refused to disperse, though the number remaining may sponsible. be less than twelve, any such person, or other person then present, Ibid. ~. 7 Allen, 541. is killed or wounded, the magistrates and officers, and all persons acting by their order, or under their directions, and all persons acting under the two preceding sections, shall be held guiltless and fully justified in law; and if any of said magistrates or officers, or any person acting under or by the direction of any of the officers before mentioned, is killed or wounded, all persons so assembled, and all other persons who, when commanded or required, refused to aid and assist said magistrates or officers, shall be held answerable therefor. 7. If any of the persons so unlawfully assembled demolishes, Riotously destroypulls down, or destroys, or begins to demolish, pull down, or de- hug sdfwllngstroy any dwelling-house, or other building, or ship, or vessel, he islhed, &c. Ibid. ~ 7. shall be punished by imprisonment in the State prison not exceeding five years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding two years, and shall also be answerable to any person injured, to the full amount of the damage, in an action of tort. 8. When property of the value of fifty dollars or more is de- Towns, &c., to pay stroyed, or property is injured to that amount, by any persons to three-four'ths iof value of property the number of twelve or more, riotously, routously, or tumultu- destroyed or inously assembled, the city or town within which the property was jued. situated shall be liable to indemnify the owner thereof, to the amount of three-fourths of the value of the property destroyed, or of the amount of such injury thereto, to be recovered in an action of tort; provided, that the owner of such property uses all reasonable diligence to prevent its destruction or injury, and to procure the conviction of the offenders. 9. A city or town which pays any sum under the provisions May recover from of the preceding section may recover the same against any or all eIbide9s. of the persons who destroyed or injured such property. 46 542 ROXBURY. ROXBURY. STATUTES. 2. Transfer of property and liabil1. Roxbury annexed to Boston ities. and county of Suffolk. Du- 3. Division of wards. ties pertaining to elections 4. City council authorized to lay transferred to Boston. Du- out highways, &c. ties of ward officers. Roxbury annexed 1. By an act approved June 1, 1867, all the territory then ont o uffokn n comprised within the limits of the city of Roxbury, in the county of Suffolk 1867,c. 359,~. county of Norfolk, with the inhabitants and estates therein, was annexed to and made part of the city of Boston and the county of Suffolk,1 subject to the same municipal regulations, obligations, and liabilities, and entitled to the same immunities in all respects, as the city of Boston; provided, however, that until constitutionally and legally changed, said territory shall continue to be, for the purpose of electing members of the house of representatives, part of the county of Norfolk, constituting the third and fourth representative districts thereof; for the purpose of electing a senator, part of the first Norfolk senatorial district; for the purpose of electing a councillor, part of council district number three, and for the purpose of electing a representative in congress, part of conoressional district number three, as the same are now constituted. D)uties pertaining It was also provided that all the duties required by law to be to elections trans- performed by the mayor and aldermen and city clerk, of the city ferred to Boston. of Roxbury, or either of them, pertaining to the election of representatives in congress, State councillors, senators and members of the house of representatives, should in like manner devolve upon, and be performed by the board of aldermen and city clerk of Duties of ward of- the city of Boston; and that the ward officers of the several wards, ficer tin new w.ards erected out of said territory, should make return of all votes that erected. 1 In accordance with the provisions of the tenth section of the act to unite the cities of Boston and Roxbury, meetings were held simultaneously in the several wards of the cities of Boston and Roxbury, on the second Monday of September, 1867, and the act was accepted by the following vote: Boston-yeas, 4633; nays, 1059. Roxbury — yeas, 1832; nays, 592. On the petition of a number of the residents of the former city of Roxbury, a joint special committee of the city council of Boston on the 16th April, 1868, recommended that thereafter, in all official documents and papers of the city government, the newly annexed territory should be designated " Boston Highlauds." The report was accepted. SCHOOLS. 543 may be cast therein, from time to time, for representatives in 1867, c. 59, ~ 1. congress, State councillors, senators, members of the house of representatives, and for all other national State, district, county, municipal and ward officers, to the city clerk of the city of Boston. 2. The act further provided that all the public property of the Transfer of propcity of Roxbury should become the property of the city of Boston; It ad liabilities and that the city of Boston should succeed to all the rights, claims, causes of action, rights to uncollected taxes, liens, uses, trusts, duties, privileges and immunities of the city of Roxbury; and should become liable for and subject to all the debts, obligations, duties, responsibilities, and liabilities of said city; also, that all actions and causes of action which were pending, or which had accrued at the time the act took effect, in behalf of or against the city of Roxbury, should survive and might be prosecuted to final judgment and execution in behalf of or against the city of Boston. 3. The city council of Boston was directed to divide the terri- Division of wards. tory annexed into three wards, one of which should constitute the Ibid. ~5. same territory then comprised in the fourth representative district; the other two wards to be so constituted as to contain, as nearly as practicable, an equal number of voters; and the wards thus established are to remain until the alteration of the ward limits of Boston, as provided by law.1 4. By an act approved June 22, 1869, it was provided that city council au"the board of aldermen of the city of Boston, with the concur- hoieto layotc highways, &c. rence of the common council of said city, may lay out such 18(6, c.448. public highways and streets in the thirteenth, fourteenth and fifteenth wards of said city, being the territory formerly constituting the city of Roxbury, as they, in their judgment, shall deem to be for the common benefit of the inhabitants of said city, and pay for the land so taken; which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient so to do." SCHOOLS. STATUTES. 2. High school in towns of five Public Schools. hundred families. What 1. Each town to have a school six branches to be taught. Duramonths in a year. Branches tion of school. Towns of four to be taught. thousand inhabitants. 1 See "Wards," post; also "Boundary lines," "Courts" and "Elections," ante. 544 SCHOOLS. 3. Schools may be maintained for School-houses. those over fifteen years of age. 26 Towns not districted to main4. Schools to be under superin- tai school-houses, &c. tendence of school commit- 27. Land may be taken for schooltee. house lots, &c. 5. Female assistants to be em- 28. Owner of land may have jury. ployed. Proceedings; damages and 6. Duty of ministers and town costs. officers. 29. Committee of town not dis7. Towns to raise money for tricted to have charge of schools. Boston to provide school-houses. for Roxbury Latin school. 30. Provisions of chapter to apply 8. Funds of corporations for sup- to cities, except, &c. porting schools not affected, &c. School Registers and Returns. 9. Forfeiture for neglect to raise monfeye o. 31. Town clerks to deliver registers, money, &c. 10. Three-fourths of forfeiture to be c., to school committee. appropriated to schools. 32. If not recived. 11. Vacancies in school committee, 33. Duties of assessors as to perVacancies in school committee, sons between five and fifteen. how filled. 34. Of school committee. F'orm of 12. When whole committee decline, Of school committee. For of new committee, how elected. certificate. 13. Term of service of person fill- 3. Registers to be kept. Returns. 36. Committees' reports; to whom ing vacancy. i4 g vacancy. sent; where deposited; to be 14. Committee shall appoint a se- sent; where to be cretary and keep records printed. 37. When report is not made. 15. Instructor to receive and filehen reort is ot made certificate. When and how 38. When informal, &c. paid. 39. Penalty for neglect, or informal, 16. May be dismissed. Compensa- &c., report. tion to cease. 40. Reports, &c., of board of edu7. Examinations and visits by cation, how received, deliv~co~mm~~ittee.ered, and for what purpose. committee. 18. Bible to be read in schools. In whom property of. Sectarian books excluded. 41. Who to sign reports. 19. Committee to direct what books 42. Penalty on committee for neglect in returns, &c. to be used. Change of books,, how made, &C~. 43. Registers, how kept. Teachers how made, &c. not to draw pay until return 20. To procure books, apparatus, of register. &c. 21. For certain scholars at expense of town. of town. Attendance of Children in the Schools. 22. Expense of books so supplied to 44. Children to be sent to school by be taxed to parents, &c. parents, &c. Penalty for 23. If parents unable to pay, tax neglect. Excuses for neglect. may be omitted. 45. Truant officers and school com24. Duty of committee where mittee to inquire and report. school is for benefit of whole 46. All children may attend where town. they reside. 25. Superintendent of schools, ap- 47. School committee to regulate pointment, duties, &c. admission, &c., to high school. SCHOOLS. 545 48. Children may attend in adjoin- schools. Appropriations for ing town and committee pay other educational purposes to for instruction. be paid from other half. 49. Wards may attend where guar- Surplus to be added to princidian resides. pal. 50. Children may attend in other 71. How apportioned to schools by towns than place of residence, secretary and treasurer. and parents pay, &c. When towns are not entitled 51. Children not to attend unless to share. vaccinated. 72. Income received by towns to be 52. Race, &c., not to exclude. applied for support of schools 53. Teachers and school committee therein. to state grounds of exclusion. 73. Income not to be givento towns 54. Damages for exclusion, how re- not complying with laws. covered. 74. Income, how apportioned. 55. Interrogatories to committee, 75. Towns keeping schools thirty&c. six weeks a year not to forfeit 56. Towns may raise money for their share. conveyance of children to andl e of Bos Schol Conmmzittee of Boston. from schools. 57. Child under ten years not to be 76. To consist of the mayor, &c. employed in factories, nor any 77. Organization of school commitunder fifteen years, unless it tee. attends school. 78. Powers and duties of the com58. Limits to work of children. mittee. 59. Penalty for violation of law. 79.Arms to be issued to pupils of 60. State constable to enforce act. Latin and English high 61. Cities and towns may make by- schools in Boston. laws respecting habitualORDINANCE truants, &c. Fines. 62. Shall appoint persons to prose- Committ cute for violations of by-laws. 1. School committee to elect and 63. Minor convicted may be com- remove instructors, and determitted, &c. mine their salaries, &c. May 64. On non-payment of fine may choose secretary, superintendbe committed. How dis- ent, &c. charged. 2. To present estimate of the ex65. Towns to provide for care and penses of the public schools education of neglected chil- to auditor, &c. dren. 3. To apportion salaries of instruct66. Mayor and aldermen to appoint ors so as not to exceed the officers. amount named in estimate. 67. Courts to send children to local 4. To be judges of the wants of institutions. public schools, &c. To be 68. Children to be discharged, if consulted before any schoolparents will care for them. house is located or erected, Massachusetts School Fund.. 69. School fund, how invested. In- Truants. come only to be used. 5. Truants, &c., to be fined. 70. Half the income to be distri- 6. House of reformation assigned buted for support of common as place of detention. 46* 546 SCHOOLS. STATUTES. Each town to have 1. In every town there shall be kept, for at least six months school six months. in a year. in each year, at the expense of said town, by a teacher or teachers Branches taught. of competent ability and good morals, a sufficient number of schools G. S. 38, ~ 1. 1862, c. 7. for the instruction of all the children who may legally attend public school therein, in orthography, reading, writing, English grammar, geography, arithmetic. the history of the United States, and good behavior. Algebra, vocal music, drawing, physiology, hygiene, and agriculture shall be taught by lectures or otherwise, in all the public schools in which the school committee deem it expedient. High schools in 2. Every town may, and every town containing five hundred towno of 600 famie.lies. am families or householders shall, besides the schools prescribed in Branches to be the preceding section, maintain a school, to be kept by a master taught. a Duration of school. of competent ability and good morals, who, in addition to the G. S. 38, ~2. branches of learning before mentioned, shall give instruction in 11 Mass. 141. 1 Cush. 178. general history, book-keeping, surveying, geometry, natural philosophy, chemistry, botany, the civil polity of this commonwealth and of the United States, and the Latin language. Such lastmentioned 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 legal voters at their annual meeting Towns of 4,000 in- determine. And in every town containing four thousand inhabihabitants. ibid. ~ 2 tants, the teacher or teachers of the schools required by this 1868, c.226. section shall, in addition to the branches of instruction before required, be competent to give instruction in the Greek and French languages, astronomy, geology, rhetoric, logic, intellectual and moral science, and political economy. In order to ascertain that any town is subject to the requirement of this section, the number of families or householders thereof shall be determined by the latest public census which shall have been taken, by the authority, either of this commonwealth, or of the United States. Schools may be 3. Any town may establish and maintain, in addition to the maintained for thoseT overfifteen schools required by law to be maintained therein, schools for the years of age. education of persons over twelve years of age; may determine Ibid. ~ 7. 1869, c. 305. the term or terms of time in each year, and the hours of the day or evening during which said school shall be kept, and appropriate such sums of money as may be necessary for the support thereof. School to be under 4. When a school is so established, the school committee shall superintendence have the same superintendence over it as they have over other of committee. Ibid ~8. schools; and shall determine what branches of learning may be taught therein. SCHOOLS. 547 5. In every public school, having an average of fifty scholars, Female assistants the school district or town, to which such school belongs, shall to b epyd. iG. S. 38, ~ 9. employ one or more female assistants, unless such district or town, at a meeting called for the purpose, votes to dispense with such assistant. 6. It shall be the duty of the resident ministers of the gospel, Duty of ministers the selectmen, and the school committees, to exert their influence bid tow office'r and use their best endeavors that the youth of their towns shall regularly attend the schools established for their instruction. 7. The several towns shall, at their annual meetings, or at a Towns toraise regular meeting called for the purpose, raise such sums of money ney' fr schools' for the support of schools as they judge necessary; which sums 10 Met. 53. shall be assessed and collected in like manner as other town taxes. The city of Boston is authorized and empowered to appropriate, Boston may approfrom time to time, such sums of money for the maintenance of the piate mosyfor Roxbury Latin school, not exceeding the sum of three thousand bury Latin school. dollars in any single year; provided, that the trustees of this school Proviso. shall annually report to the board of school committee of Boston, on or before the second Tuesday of September, the standing and condition of the school, and such statistics as are required of the Boston Latin school in section twenty, chapter four, of the rules of the board. 8. Nothing contained in this chapter shall affect the right of Schoolfunds of corporations not any corporation established in a town, to manage any estate or ac'tedlnot funds given or obtained for the purpose of supporting schools. S. 38,~ 13. therein, or in any wise affect such estate or funds. 9. A town which refuses or neglects to raise money for the Forfeiture for support of schools, as required by this chapter, shall forfeit a sum nglec.t tcaise equal to twice the highest sum ever before voted for the support Ibid.. 14. 11 Cush. 178. of schools therein. A town which refuses or neglects to choose a school committee to superintend said schools, or to choose prudential committees in the several districts, when it is the duty of the town to choose such prudential committee, shall forfeit a sum not less than five hundred, nor more than one thousand dollars, to be paid into the treasury of the county. 10. Three-fourths of any forfeiture paid into the treasury of Three-fourthsof appropriated to the county under the preceding section, shall be paid by the,s doos. t treasurer to the school committee, if any, otherwise to the select- Ibid. ~15. men o' the town from which it is recovered, who shall apportion and appropriate the same to the support of the schools of such town, in the same manner as if it had been regularly raised by the town for that purpose. 11. If any person elected a member of the school committee, Vacanciesin schoo after being duly notified of his election in the manner in which committee,how town officers are required to be notifie, refuses or negls to filld. town officers are required to be notified, refuses or neglects to Ibid. ~ 17. 548 SCHOOLS. G. S. 38, ~ 17. accept said office, or if any member of the board declines further service, or, from change of residence or otherwise, becomes unable to attend to the duties of the board, the remaining members shall, in writing, give notice of the fact to the selectmen of the town, or to the mayor and aldermen of the city, and the two boards shall thereupon, after giving public notice of at least one week, proceed to fill such vacancy; and a majority of the ballots of persons entitled to vote shall be necessary to an election.1 When whole corn- 12. If all the persons elected as members of the school comewTcomnittee, mittee, after such notice of their election, refuse or neglect to achow elected. cept the office, or having accepted, afterwards decline further service, or become unable to attend to the duties of the board, the selectmen, or the mayor and aldermen shall, after giving like public notice, proceed by ballot to elect a new board, and the votes of a majority of the entire board of selectmen, or of the mayor and aldermen, shall be necessary to an election. Term of service of 13. The term of service of every member elected in pursuance erson filling of the provisions of the two preceding sections, shall end with vacallcy. ZD Ibid. ~19. the municipal or official year in which he is chosen, and if the vacancy which he was elected to fill was for a longer period, it shall, at the first annual election after the occurrence of the vacancy, be filled in the manner prescribed for original elections of the school committee. Records of sec- 14. The school committee shall appoint a secretary and keep retary. a permanent record book, in which all its votes, orders, and Ibid. ~ 22. ako proceedings, shall by him be recorded. Teachers to receive 15. Every instructor of a town or district school shall, before ldefinand rtoifiwate he opens such school, obtain from the school committee, a certifipaid. cate in duplicate of his qualifications, one of which shall be deposIbid. ~ 24. Seepost, ~43. ited with the selectmen before any payment is made to such instructor on account of his services; and upon so filing such certificate, the teacher of any public school shall be entitled to receive, on demand, his wages due at the expiration of any quarter. or term longer or shorter than a quarter, or upon the close of any single term of service, subject to the condition specified in section thirteen, of chapter forty, of the General Statutes. May be dismissed, 16. The school committee may dismiss from employment any &bC. ~2. teacher whenever they think proper, and such teacher shall receive Ibid. ~ 25. 12 Gray, 339. no compensation for services rendered after such dismissal. Examinations and 17. The school committee, or some one or more of them, for visit by commit- the purpose of making a careful examination of the schools, and Ibid. ~ 26. _ 1 The manner of filling vacancies in the school committee of Boston, as provided for in ~ 25 of the charter (see ante, p. 12, ~ 25), has been changed by the above provisions of the General Statutes. For provisions relating to the organization, powers and duties of the School Committee of Boston, see post, ~~ 76-78. SCHOOLS. 549 of ascertaining that the scholars are properly supplied with books, G. s. 38, ~ 2. shall visit all the public schools in the 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, without giving previous notice thereof to the instructors, all the public schools in the town once a month, and they shall, at such examinations, inquire into the regulation and discipline of the schools, and the habits and proficiency of the scholars therein. 18. The school committee shall require the daily reading of Bibletobe read in some portion of the Bible, without written note or oral comment, schools. Sectarian books exin the public schools, but they shall require no scholar to read from eluded. any particular version, whose parent or guardian shall declare 1862",c.7. that he has conscientious scruples against allowing him to read therefrom, nor shall they ever direct any school books calculated to favor the tenets of any particular sect of Christians, to be purchased or used in any of the public schools. 19. The school committee shall direct what books shall be Schoolbooks. used in the public schools, and no change shall be made in said chan eof'how In' i:"">made, &c. books except by the unanimous consent of the whole board, unless G. s 38, ~ 28. the committee consists of more than nine, and questions relating to school books are entrusted to a sub-committee. In that case, the consent of two-thirds of the whole number of said sub-committee, with the concurrent vote of three-fourths of the whole board, shall be requisite for such change. But in any city in which 1863, 126, ~1. the school committee consists of more than eighteen persons, a change may be made in the school books used in the public schools in such city, by a majority of the whole committee, at a legal meeting of said committee. Notice of such intended change shall be given at a previous meeting thereof. If any change is made, each pupil then belonging to the public schools, and requiring the substituted book, shall be furnished with the same by the school committee, at the expense of said town. 20. The school committee shall procure, at the expense of Committee to prothe city or town, a sufficient supply of text-books for the public cure text-books, apparatus, &c. schools, and give notice of the place where they may be ob- G. S. 38, ~ 2. 13 Pick. 229. tained. Said books shall be furnished to the pupils at such prices ck as merely to reimburse the expense of the same. The school committee may also procure, at the expense of the city or town, such apparatus, books of reference, and other means of illustration as they deem necessary for the schools under their supervision, in accordance with appropriations therefor previously made. 21. If any scholar is not. furnished by his parent, master, or For certain scholguardian, with the requisite books, he shall be supplied therewith ars at expense of by the school committee at the expense of the town. Ibid. ~30. 550 SCHOOLS. Expense of books 22. The school committee shall give notice in writing to the so supplied to be taxed to parents, assessors of the town, of the names of the scholars supplied with &c. books under the provisions of the preceding section, of the books G. S. 38, ~ 31. so furnished, the prices thereof, and the names of the parents, masters, or guardians, who ought to have supplied the same. The assessors shall add the price of the books 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. If parents unable. 23. If the assessors are of opinion that any parent, master to pay, tax may be omitted. or guardian, is unable to pay the whole expense of the books so Ibid. ~ 32. supplied on his account, they shall omit to add the price of such books, or shall add only a part thereof, to his annual tax. according to their opinion of his ability to pay. Duty of commrittee 24. In any town containing five hundred families in which a where school is for benefit of whole school is kept for the benefit of all the inhabitants, as before protown. vided, the school committee shall perform the like duties in relaIbid. ~ 33. tion to such school, the house where it is kept, and the supply of all things necessary therefor, as the prudential committee may perform in a school district. Superintendent of 25. Any town annually, by legal vote, and any city by an schools, appoint- ordinance of the city council, may require the school committee ment, duties, &e. Ibid. ~3. annually to appoint a superintendent of public schools, who, 186,c0. 1. under the direction and control of said committee, shall have the care and supervision of the schools, with such salary as the city government or town may determine; but in no case shall the compensation be less than one dollar and fifty cents for each day of actual service; and in every city in which such ordinance is in force, and in every town in which such superintendent is appointed, the school committee shall receive no compensation, unless otherwise provided by such city government or town. SCHOOL-HOUSES. Towns not dis- 26. Every town not divided into school districts shall protriteoldtouls.ses vide and maintain a sufficient number of school-houses, properly G.. 38, ~ 36. furnished and conveniently located, for the accomlodation of all the children therein entitled to attend the public schools; and the school committee, unless the town otherwise direct, shall keep them in good order, procuring a suitable place for the schools, where there is no school-house, and providing fuel and all other things necessary for the comfort of the scholars therein, at the expense of the town. Land may be taken 27. When land has been designated by a town, school district, for slool-Iouse or those acting under its authority, or determined upon by the lots, &c. & 1 SCHOOLS. 551 selectmen as a suitable place for the erection of a school-house G. S.8, ~ 3s. and necessary buildings, or for enlarging a school-house lot, if the 2 Gray, 4 owner refuses to sell the same, or demands therefor a price 4Allen, 508. deemed by the selectmen unreasonable, they may, with the approbation of the town, proceed to select, at their discretion, and lay out, a school-house lot, or an enlargement thereof; and to appraise the damages to the owner of such land in the manner provided for laying out townways and appraising damages sustained thereby; and upon payment, or tender of payment, of the.amount of such damages, to the owner, by the town, the land shall be taken, held, and used for the purpose aforesaid. But no lot so taken or enlarged, shall exceed in the whole, eighty square rods, exclusive of the land occupied by the school buildings. 28. When the owner feels aggrieved by the laying out or Owner ofland enlargement of such lot, or by the award of damages, he may, ahavde jury. upon application therefor in writing to the county commissioners, Damages and coots. within one year thereafter, have the matter of his complaint tried lbs. 39. by a jury, and the jury may change the location of such lot or 2 Gray, 414. enlargement, and assess damages therefor. The proceedings See G. S. c. 43. shall in all respects be conducted in the manner provided in cases of damages by laying out highways. If the damages are increased, or the location changed, by the jury, the damages and all charges shall be paid by the town; otherwise the charges arising on such application shall be paid by such applicant. The land so taken shall be held and used for no other purpose than that contemplated by this chapter,l and shall revert to the owner, his heirs, or assigns, upon the discontinuance there, for one year, of such school as is required by law to be kept by the town. 29. The school committee of a town in which the school comi.ittee of district system has been abolished,2 or does not exist, shall have to ave t diasteited the general charge and superintendence of the school-houses in school-houses. said town, so far as relates to the use to which the same may be G. ~ 40 appropriated. 30. Except as may be otherwise provided in their respective Provisionsof chapcharters, or acts in amendment thereof, the provisions of chapter iter to apply to, thirty-eight of the General Statutes, so far as applicable, shall Ibid. ~41. apply to cities. And the mayor and aldermen in the several cities are authorized to execute the powers given in section twenty-seven to the selectmen and town. 1 Chapter thirty-eight of the General Statutes. 2 The whole district system was abolished by chapter 110, acts of 1869. 552 SCHOOLS. REGISTERS AND RETURNS. Town clerks to 31. The clerks of the several cities and towns, upon receiving delitver registers, from the secretary of the board of education the school registers &c., to school com-r mittee. and blank forms of inquiry for school returns, shall deliver them G. 40, ~ 1. to the school committee of such cities and towns. If not received. 32. If a school committee fails to receive such blank forms of Ibid ~2. return on or before the last day of March, they shall forthwith notify the secretary of the board of education, who shall transmit such forms as soon as may be. Duties of assessors 33. The assessors shall annually, in the month of May, asceras to persons be- tain the number of persons in their respective towns and cities on tween five and fifteen. the first day of May, between the ages of five and fifteen years, Ibid. ~ 3. and on or before the first day of July following report the same to the school committee. Duties of school 34. The school committee shall annually, on or before the last committee. day of the following April, certify under oath the numbers so Form of certificate. Ibid. ~4. returned to them by the assessors, and also the sum raised by 86, c. 142, ~2. such city or town for the support of schools during the preceding school year, including only wages and board of teachers, fuel for the schools, and care of the fires and school-rooms, and shall transmit such certificate to the secretary of the board of education. The form of such certificate shall be as follows, to wit: - We, the school committee of, do certify that from the returns made by the assessors in the year,it appears that on the first day of MIay, in the year, there were belonging to 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 public schools for the preceding school year, including only the wages and board of teachers, fuel for the schools, and care of fires and school-rooms; and that said town maintained, during said year, each of the schools required to be kept by the first section of the thirty-eighth chapter of the General Statutes for a period not less than six months; and we further certify that said town maintained during said year, school for the benefit of all the inhabitants of the town, as required by section two, chapter thirty-eight, of the General Statutes, for months and days. School Committee. Ss. On this day of, personally appeared the above named school committee of, and made oath that the above certificate by them subscribed, is true. Before me, Justice of the Peace. In returns, ses- In the returns made by the school committee to the secretary days o fortythalf of the board of education, twenty days or forty half days of actual days to be counted session shall be counted as one month. a month. SCHOOLS. 553 35. The school committee shall cause the school registers to Registers and retunis. be faithfully kept in all the public schools, and shall annually, G.S.40, 5. on or before the last day of April, return the blank forms of Seepost,~43. 2 Allen, 592. inquiry, duly filled up, to the secretary of the board of education; and shall also specify in said returns the purposes to which the money received by their town or city from the income of the school fund has been appropriated. 36. The school committee shall annually make a detailed committees report; to whom sent; report of the condition of the several public schools, which report where deposited; shall contain such statements and suggestions in relation to the to be printed. Ibid. ~ 6. schools as the committee deem necessary or proper to promote the interests thereof. The committee shall cause said report to be printed for the use of the inhabitants, in octavo, pamphlet form, of the size of the annual reports of the board of education, and transmit two copies thereof to the secretary of said board, on or before the last day of April, and deposit one copy in the office of the clerk of the city or town. 37. When a school committee fails within the prescribed Wlienreportis not made. time to make either the returns or report required of them by Ibaid~7. law, the secretary of the board of education shall forthwith notify such committee, or the clerk of the city or town, of such failure; and the committee or clerk shall immediately cause the same to be transmitted to the secretary. 38. If a report or return is found to be informal or incorrect, When informal, the secretary shall forthwith return the same, with a statement of ~ 8 all deficiencies therein, to the committee for its further action. 39. The returns or reports of a city or town so returned by Penalty for neglect the secretary for correction, or which have not reached his office or inorm &c. within the time prescribed by law, shall be received by him if Ibid. ~9. returned during the month of May; but in all such cases ten per cent shall be deducted from the income of the school fund which such city or town would have been otherwise entitled to. If such returns or reports fail to reach his office, before the first day of June, then the whole of such city or town's share of the income shall be retained by the treasurer of the commonwealth, and the amount so retained, as well as the ten per cent when deducted, shall be added to the principal of the school fund. And such city or town, shall in addition thereto, forfeit not less than one hundred, nor more than two hundred dollars; provided, however, if said returns and reports were duly mailed in season to reach said office within the time required by law, then the city or town from which said returns or reports are due shall be exempt from the forfeiture, otherwise incurred. 40. The clerk of each city and town shall deliver one copy Reports, &c, of of the reports of the board of education and its secretary, to the boaldof educa 47 554 SCHOOLS. tion, how received, secretary of the school committee of the city or town, to be by detvered, and for him preserved for the use of the committee, and transmitted to what purpose. In whom property his successor in office; and two additional copies of said reports, of. G. S. 40, ~ 10. for the use of said committee; and shall also deliver one copy of said reports to the clerk of each school district, to be by him deposited in the school district library, or, if there is no such library, carefully kept for the use of the prudential committee, teachers, and inhabitants, of the district, during his continuance in office, and then transmitted to his successor; and in case the city or town shall not be districted, said reports shall be delivered to the school committee, and so deposited by them as to be accessible to the several teachers and to the citizens; and such reports shall be deemed to be the property of the town or city, and not of any officer, teacher, or citizen, thereof. Who to sign re- 41. When the school committee of a city or town is not less ports. than thirteen in number, the chairman and secretary thereof may, Ibid. ~ 11. in behalf of the committee, sign the annual school returns and the certificate required by sections thirty-four and thirty-five. Penalty on corn- 42. A city or town which has forfeited any part of its portion mittee for neglect f the income of the school fund through the failure of the school in returns, &c. Ibid. ~12. committee to perform their duties in regard to the school report and school returns, may withhold the compensation of the committee. Re.isters, how 43. The several school teachers shall faithfully keep the regiskept. Teachers not ters furnished to them, and make due return thereof to the school to draw pay until return ofregister. committee, or such person as they may designate, and no teacher ^^Ibid. ~ 3. shall be entitled to receive payment for services until the register, See ante, ~ 35. 2 Allen, 592. properly filled up and completed, shall be so returned. ATTENDANCE OF CHILDREN IN THE SCHOOLS. Children tobe sent 44. Every person having under his control a child between to school by pa- the ages of eight and fourteen years, shall annually, during the rents, &c. Penalty for neg- continuance of his control, send such child to some public school in ect. Excuses for the city or town in which he resides, at least twelve weeks, if the neglect. G. S. 41, ~1. public schools of such city or town so long continue, six weeks of which time shall be consecutive; and for every neglect of such duty the party offending shall forfeit to the use of such city or town a sum not exceeding twenty dollars; but if it appears, upon the inquiry of the truant officers or school committee of any. city or town, or upon the trial of any prosecution, that the party so neglecting was not able, by reason of poverty, to send such child to school, or to furnish him with the means of education, or that such child has been otherwise furnished with the means of education for a like period of time, or has already acquired the SCHOOLS. 555 branches of learning taught in the public schools, or that his G.s.41,~1. bodily or mental condition has been such as to prevent his attendance at school or application to study for the period required, the penalty before mentioned shall not be incurred. 45. The truant' officers and the school committees of the Truant officers and several cities and towns shall inquire into all cases of neglect of school comlmttee n to inquire and rethe duty prescribed in the preceding section; and ascertain from port. Ibid. ~ 2. the persons neglecting, the reasons, if any therefor; and shall forthwith give notice of all violations, with the reasons, to the treasurer of the city or town; and if such treasurer wilfully neglects or refuses to prosecute any person liable to the penalty provided for in the preceding section, he shall forfeit the sum of twenty dollars. 46. All children within the commonwealth may attend the Children to attend public schools in the place in which they have their legal resi- where they reside. n Ibid. ~ 3. dence, subject to the regulations prescribed by law. 47. The school committee shall determine the number and Admission to high qualifications of the scholars to be admitted into the school kept schold' howregufor the use of the whole town. Ibid. ~4. 48. Children living remote from any public school in the Children may attown in which they reside, may be allowed to attend the public town, an dcommintschools in an adjoining town, under such regulations, and on such tee pay for instructerms, as the school committees of the said towns agree upon and lbi. ~ prescribe; and the school committee of the town in which such children reside shall pay out of the appropriations of money raised in said town for the support of schools, the sum agreed upon. 49. Minors under guardianship, their father having deceased, wards, where may may attend the public schools of the city or town of which their Ittiend. guardian is an inhabitant. 50. With the consent of school committees first obtained, Children may atchildren between the ages of five and fifteen years may attend tnd n thanplace school in cities and towns other than those in which their parents of residence, and parents pay, &c. or guardians reside; but whenever a child resides in a city or Ibid. ~7 town different from that of the residence of the parent or gguardian, for the sole purpose of attending school there, the parent or guardian of such child shall be liable to pay to such city or town for tuition, a sum equal to the average expense per scholar for such school for the period the child shall have so attended. 51. The school committee shall not allow any child to be Childrentobe admitted to or connected with the public schools, who has not vacc.nated. Ibid. ~ 8. been duly vaccinated. 1 See powers and duties of truant officers, ~~ 61-62, post. 556 SCHOOLS. Color, &c.,not to 52. No person shall be excluded from a public school on G.S.41e,9. account of the race, color, or religious opinions of the applicant G. 5.41, ~ 9. 5 Cush. 198. or scholar. 12 Allen, 127. Teachers, &c., to 53. Every member of the school committee under whose state grounds of directions a child is excluded from a public school, and every excluslon. Ibid. ~10. teacher of such school from which a child is excluded, shall, on application by the parent or guardian of such child, state in writing the grounds and reason of the exclusion. Damagesforexclu- 54. A child unlawfully excluded from any public school shall sion. Ibid. ~11. recover damages therefor in an action of tort, to be brought in the cush. 1602. name of such child by his guardian or next friend against the city 7 Gray, 245. or town by which such school is supported. Interrogatories to 55. The plaintiff in such action may, by filing interrogatories committee, &c. G.S. 41, ~2. for discovery, examine any member of the school committee, or any other officer of the defendant city or town, as if he were a party to the suit. Towns may raise 56. Any town in this commonwealth may raise, by taxation money for conveyance of pupils to or otherwise, and appropriate money to be expended by the and from schools, school committee in their discretion, in providing for the convey1869, c. 132. ance of pupils to and from the public schools. OF THE EMPLOYMENT OF CHILDREN, AND REGULATIONS RESPECTING THEM. Childunder ten not 57. No child under the age of ten years shall be employed in to be employed in ny manufacturing or mechanical establishment within this comfactories. any m 1867, c. 28, ~ 1. monwealth, and no child between the age of ten and fifteen years shall be so employed, unless he has attended some public or private day school under teachers approved by the school committee of the place in which such school is kept, at least three months during the year next preceding such employment; provided, said child shall have lived within the commonwealth None under fifteen during the preceding six months; nor shall such employment years, unless they continue unless such child shall attend school at least three attend school. months in each and every year; and, provided, that tuition of three hours per day in a public or private day school approved by the school committee of the place in which such school is kept, during a term of six months, shall be deemed the equivalent of three months' attendance at a school kept in accordance with the customary hours of tuition; and no time less than sixty days of actual schooling shall be accounted as three months, and no time less than one hundred and twenty halfdays of actual schooling shall be deemed an equivalent of three months. SCHOOLS. 557 58. No child under the age of fifteen years shall be employed Limit to work in any manufacturing or mechanical establishment more than 186/c285,~2. sixty hours in one week. 59. Any owner, agent, superintendent or overseer of any Penaltyforviolation of law. manufacturing or mechanical establishment, who shall knowingly tbi. 3. employ, or permit to be employed, any child in violation of the 9 Met. 562. preceding sections, and any parent or guardian who allows or consents to such employment, shall, for such offence, forfeit the sum of fifty dollars. 60. It shall be the duty of the constable of the common- Constable to enwealth to specially detail one of his deputies to see that the obid. ~4. provisions of this act, and all other laws regulating the employment of children or minors in manufacturing or mechanical establishments, are complied with, and to prosecute offences against the same; and he shall report annually to the governor all proceedings under this act; and nothing in this section shall be so construed as to prohibit any person from prosecuting such offences. 61. Each city and town shall make all needful provisions By-lawsrespecting and arrangements concerning habitual truants, and children not habitual truants attending school, or without any regular and lawful occupation Fine.s G. 8. 42, ~ 4. or growing up in ignorance, between the ages of five and six- 1862, c. 21, ~1. teen years; and also all such by-laws respecting such children, See 1862,207,~. 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 by-laws suitable penalties, not exceeding twenty dollars for any one breach; provided, that said by-laws shall be approved by the superior court of the county.1 62. The several cities and towns shall appoint at the annual Violations of bymeetings of such towns, or annually by the mayor and aldermen l.aw, how prosecuted. of such cities, three or more persons, who alone shall be author- G.. 42, ~ 15. ized, in case of violation of such by-laws, to make the complaint 182, 21, ~ 2. 10 Allen, 149. and carry into execution the judgments thereon. 63. A minor convicted under such by-law of being an Minor convicted habitual truant, or of not attending school, or of being without &aybe committed, regular and lawful occupation, or growing up in ignorance, may, Ibid. ~6. In-,~~~~~~~~~~~~~~~~~~~~~~~ -,.. <.-...1 * *See 1862, 207, ~ 2. at the discretion of the justice or court having jurisdiction of the 1863,. 44. nV I LWIUl V JLU V r- r - JLL~-VV VI 1863, C.44. case, instead of the fine mentioned in section sixty-one, be com- 186, c. 208, ~3. mitted to any such institution of instruction, house of reformation, or suitable situation provided for the purpose under authority of section sixty-one, for such time, not exceeding two years, as such justice or court may determine. 1 See ordinance concerning truants, p. 563. 47* 558 SCHOOLS. On non-payment 64. A minor convicted of either of said offences, and sencofneittabe tenced to pay a fine, may, in default of payment thereof, be How discharged. committed to such institution of instruction, house of reformaSeeG. s. 180. tion, or suitable situation provided as aforesaid. And upon proof that the minor is unable to pay the fine, and has no parent, guardian, or person chargeable with his support, able to pay the same, he may be discharged by such justice or court whenever it is deemed expedient, or he may be discharged in the manner poor convicts may be discharged from imprisonment for non-payment of fines and costs. Towns to provide 65. Each of the several cities and towns in this commonwealth for care and educa-. tion of neglected is hereby authorized and empowered to make all needful provisions children. and arrangements concerning children under sixteen years of age, 1866, c. 283, ~ 1. 1867, c. 2. who, by reason of the neglect, crime, drunkenness or other vices of parents, or from orphanage, are suffered to be growing up without salutary parental control and education, or in circumstances exposing them to lead idle and dissolute lives; and may also make all such by-laws and ordinances respecting such children as shall be deemed most conducive to their welfare and the good order of such city or town; provided, that said by-laws and ordinances shall be approved by the superior court, or in vacation by a justice thereof, and shall not be repugnant to the laws of the commonwealth. Mayor and alder- 66. The mayor and aldermen of cities, and the selectmen of men to appoint officers therefor. towns, availing themselves of the provisions of this act, shall 866, c.283, ~ 2. severally appoint suitable persons to make complaints in case of violations of such ordinances or by-laws as may be adopted, who alone shall be authorized to make complaints under the authority of this act. Court may send 67. When it shall be proved to any judge of the superior such children to local institutions. court, or judge or justice of a municipal or police court, or to Ibid. 3. any trial justice, that any child under sixteen years of age by reason of orphanage, or of the neglect, crime, drunkenness or other vice of parents, is growing up without education or salutary control, and in circumstances exposing said child to an idle and dissolute life, any judge or justice aforesaid shall have power to order said child to such institution of instruction or other place that may be assigned for the purpose, as provided in this act, by the authorities of the city or town in which such child may reside, for such term of time as said judge or justice may deem expedient, not extending beyond the age of twenty-one years for males, (r eighteen years for females, to be there kept, educated and cale.l for according to law. To be discharged 68. Whenever it shall be satisfactorily proved, that the parents of any child committed under the provisions of this act shall have SCHOOLS. 559 reformed, and are leading orderly and industrious lives, and are when parents will in a condition to exercise salutary parental control over their 18 f2r3t.e' children, and to provide them with proper education and employment; or whenever, said parents being dead, any person may offer to make suitable provision for the care, nurture and education of such child as will conduce to the public welfare, and will give satisfactory security for the performance of the same, then the directors, trustees, overseers or other board having charge of the institution to which such child may be committed, may discharge said child to the parents, or to the party making provision for the care of the child as aforesaid. MIASSACHUSETTS SCHOOL FUND. 69. The present school fund of this commonwealth, together Schoolfund, how with such additions as may be made thereto, shall constitute a invested. v'y~~~~~~~~~~ Income only to be permanent fund, to be invested by the treasurer, with the appro- used. bation of the governor and council, and called the "Massachusetts G. s 836 ~1. School Fund"; the principal of which shall not be diminished, and the income of which, including the interest on notes and bonds taken for sales of Maine lands and belonging to said fund, shall be appropriated as hereinafter provided. 70. One-half of the annual income of said fund shall be Income, how disapportioned and distributed for the support of public schools tributed. without a specific appropriation. All money appropriated for other educational purposes, unless otherwise provided by the act appropriating the same, shall be paid fiom the other half of said income so long as it shall be sufficient for that purpose. If insufficient, the excess of such appropriations in any year shall be paid from any money in the treasury not otherwise appropriated. If the income in any year exceeds such appropriations for the year, the surplus shall be added to the principal of said fund. 71. The income of the school fund appropriated by the pre- How apportioned ceding section to the support of public schools, which may have forschools. n il l *> J When towns are accrued upon the thirty-first day of December, of each year, shall not entitled to be apportioned by the secretary and treasurer, and on the twenty- Ibiae3 fifth day of January be paid over by the treasurer to the treasurers 1867, c. 98. of the several towns and cities for the use of the public schools, according to the number of persons therein between the ages of five and fifteen years, ascertained and certified as provided in sections thirty-three and thirty-four. But no such apportionment shall be made to a town or city which has not complied with the provisions of sections thirty-five and thirty-six of said chapter, or which has not raised by taxation for the support of schools 560 SCHOOLS. G. S. 36, ~. during the school year embraced in the last annual returns including only wages and board of teachers, fuel for the schools and care of fires and school-rooms, a sum not less than one dollar and fifty cents for each person between the ages of five and fifteen years belonging to said town or city on the first day of May of said school year. Income received 72. The income of the school fund received by the several by towns, how applied. cities and towns shall be applied by the school committees ibid. ~4. thereof to the support of the public schools therein, but said committees may, if they see fit, appropriate therefrom any sum, not exceeding twenty-five per cent of the same, to the purchase of books of reference, maps, and apparatus for the use of said schools. Distribution of in- 73. No appointment and distribution of the annual income of come of school fund not to be the school fund, as provided by the secondc and third2 sections of made to towns chapter thirty-six of the General Statutes, shall be made to any which do not comply with law. town or city which has not complied with the requisitions of the 16s, c142, ~ 1. first3 and second4 sections of chapter thirty-eight, and the fifth5 G. S. 86, ~ 2, 36, I~6 I G.s. 38,~1, 2. and sixth6 sections of chapter forty of the General Statutes, and S, 40, ~~,6 of any amendments to either of said sections; or which has not raised by taxation for the support of schools, during the school year embraced in the last annual returns, itlcluding only wages and board of teachers, fuel for the schools, and care of fires and school-rooms, a sum not less than three dollars for each person between the ages of five and fifteen years, belonging to said town or city on the first day of May of said school year. ncome of school 74. In the distribution of the moiety of the income of the uted, how ds school fund, for the support of the public schools of the State, 1869,every c. 1, 1. ity alnd town complying with all laws in force relating to G. S. 36, ~~ 2,3. G. S. 38, ~~1,2. the distribution of the salme, shall annually receive one hundred G;. S. 40, ~~, 6 dollars; and the residue of said moiety shall annually be appor1865,142. tioned among the several cities and towns, in proportion to the number of children in each between the ages of five and fifteen years. Proviso. 75. Any town which shall maintain the school required to be Towns keeping high schools thirty- maintained by the second section4 of chapter thirty-eight, of the six weeks a year, General Statutes, not less than thirty-six weeks, exclusive of vacanot to forfeit share of. tions in each year, shall not be liable to the forfeiture provided in 1866, c 208 ~ 2' section first,7 chapter one hundred and forty-two of the laws of the G. S. 38, ~ 2.ct 186, 142, ~ 1. year eighteen hundred and sixty-five, for non-compliance with the 18c. 7, ~27. requisitions of the aforesaid second section.8 1 Section 70, ante. 2 Section 71, ante. 3 Section 1, ante. 4 Section 2, ante. 5 Section 35; ante. 6 Section 36, ante. 7 Section 73, ante. 8 By statutes of 1869, c. 250, ~ 1, moneys received in the county of Suffolk, for dog licenses are to be appropriated by the school committees of the towns SCHOOLS. 561 SCHOOL COMM0ITTEE OF BOSTON. 76. The school committee of the city of Boston shall consist School committee of Boston, charter, of the mayor of the city, the president of the common council, p. 23, ante, ~~ 53, and of seventy-two other persons,l six of whom shall be chosen in 54,55. each ward, and who shall be inhabitants of the wards in which they are chosen; two of said members to be chosen by the inhabitants of the several wards at their annual election of municipal officers, who shall hold their office for three years from the second Monday in January, next ensuing after their election. 77. The persons so chosen, as members of the school com- Organization of mittee, shall meet and organize on the second Monday of January, chiool committee. Ibid. p. 23, ~ 35. at such hour as the mayor may appoint. They may choose 1865,c.134. a secretary and such subordinate officers as they may deem Secretary and subexpedient, and shall define their duties, and fix their respective ordinate officers. salaries. 78. The said committee shall have the care and management Powers anld duties of school commitof the public schools, and may elect all such instructors as they tee. may deem proper, and remove the same whenever they consider Charter, ante, p. 23, ~ 5i. it expedient. And generally they shall have all the powers, in relation to the care and management of the public schools, which the selectmen of towns or school committees are authorized by the laws of this commonwealth to exercise. 79. By a resolve approved April 27, 1869, the governor was Arms may be issued fbr use of authorized to issue to the city of Boston such arms for the use of Eglish lhih and the English high and Latin schools in said city as, in his Latin schools. 0 0 J 19b~~~~~ Resolves, 1869, c. judgment, may be so distributed without detriment to the militia 40. service; provided, the city of Boston shall be held responsible for the return in good order and condition of said arms whenever his excellency the governor, shall so direct. ORDINANCE.2 SCHOOL COMMITTEE. SECTION 1. The school committee are authorized to elect all such instructors as they may deem Scool mmittee to elect and remove proper for the public schools, and contract with instruectorsand determine their salaries, &c. Dec. iS,1855. and cities in said county for the support of public schools. See ante, p. 154, ~ 12. For some account of the local school funds of Boston, see appendix to auditor's annual report. 1 Since the annexation of Roxbury and Dorchester this number is increased to ninety-six. 2 An ordinance relating to public schools, passed December 18, 1855. 562 SCHOOLS. Dec. 18,1855. them, and determine the amount of their respective May choose secre- salaries; they are also authorized to dismiss and tary, superintendnt,&c. remove any instructor from said schools, when Ibid. they deem it proper and expedient, and generally, they shall have all the powers in relation to the care and management of the public schools, which the selectmen of towns or school committees are authorized by the laws of the commonwealth to exercise; they may choose a secretary, superintendent, and such subordinate officers as they may deem expedient, and shall define their duties, and fix their respective salaries. School committee SECT. 2. The school committee shall present to present estimate ouePnesaoS the to the auditor, on or before the first clday of Febpublic schools to Ibidt. ruary in each year, an estimate in writing of the expenses of the public schools for the next financial year; stating the amount required for salaries, for incidental expenses, and for the alteration, repairs, and erection of school-houses. To apportion sal- SECT. 3. Said committee shall not fix the aries of instructors. Ibid. salaries of the teachers in the public schools at such rates that the aggregate amount of all said salaries shall, in any financial year, exceed the sum named for that purpose in their estimate. To be judges ofthe SECT. 4. The said committee shall be the wants of the public schools, &c. original judges of the expediency and necessity IRid. of having additional or impnroved accommodations for any public school within the limits of the city; and whenever, in their opinion, a schoolhouse is required, or material alterations are needed, they shall send a communication to the SECOND-HAIND ARTICLES. 563 city council, stating the locality and the nature Tobeconsulted i/70y~~~ *i ~before any schoolof the further provisions for schools which are house is oated or erected, &c. wanted; and no school-house shall be located, Dec. 18,18. erected, or materially altered, until the school committee shall have been consulted on the proposed locality and plans, except by order of the city council. TRUANTS.1 SECT. 5. Any of the persons described in Truants,&c. to fined. the first section of the "act concerning truant May25,1867. children and absentees from school," passed on the thirtieth day of April, in the year one thousand eight hundred and sixty-two, upon conviction of any offence described in said act, shall be punished by a fine not exceeding twenty dollars. SECT. 6. The house for the-employment and House of reformation assigned as reformation of juvenile offenders is hereby as- place ofdetention. Ibid. signed and provided as the institution of instruction, house of reformation, or suitable situation mentioned in the second section of said act. SECOND-HAND ARTICLES. STATUTES. 2. Conditions, of the traffic in 1. Cities, &c., may make ordi- second-hand articles to be innances regulating the pur- corporated in license. chase and sale of second-hand 3. Penalty for violation of ordiarticles, old junk, metals, &c. nance, by-laws, &c. 1 An ordinance concerning truant children and absentees from school, passed May 25, 1867. Approved by superior court (Brigham, J.), June 7, 1867. See p. 557, ante. 564 SECOND-lHAITD ARTICLES. ORDINANCE. 5. All articles to be open to exami1. No person shall deal in second- nation of aldermen, &c. hand articles, junk, &c., 6. Time when shop may be kept without license. open. 2. Dealers shall keep a record of 7. License to designate place of purchases, &c., open to in- business. spection. 8. Penalties. 3. No purchase to be made of 9. Sellers of books and furniture minors or apprentices, and exempt from provisions of the no sale within one week, ex- ordinance. cept, &c. 10. License to contain the provisions 4. Keeper of shop to have a sign, of the ordinance. &c. STATUTES. cities, &c., may 1. Every city and town may provide by ordinance or by-law, make ordinances regulating the pur- that every keeper of a shop for the purchase, sale, or barter of chase and sale of junk, old metals, or second-hand articles within their respective second-hand articles. limits, shall keep a book, in which shall be written at the time of 1862, c 205~ 1 every purchase of any such article, a description of the article or articles purchased, the name, age, and residence of the person from whom, and the day and hour when such purchase was made; that such book shall at all times be open to the inspection of the mayor and aldermen of the city, or the selectmen of the town, in which such shop is located, and to any person by them respectively authorized to make such inspection; that every keeper of such shop shall put in some suitable and conspicuous place on his shop, a sign, having his name and occupation legibly inscribed thereon in large letters; that such shops, and all articles of merchandise therein, may be examined by the mayor and aldermen of any city, or the selectmen of any town, or by any person by them respectively authorized to make such examination, at all times; and that no keeper of such shop shall, directly or indirectly, either purchase or receive, by way of barter or exchange, any of the articles aforesaid, of any minor or apprentice, knowing or having reason to believe him to be such; and that no article purchased or received shall be sold until a period of at least one week from the date of its purchase or receipt, shall have elapsed. Every city and town may also prescribe, in like manner, the hours in which such shops shall be closed, and that no keeper thereof shall make purchase of any of the articles aforesaid during such hours. conditions of the 2. Every rule, regulation, and restriction which shall be made traffic in second- by any city or town, in accordance with the provisions of this act, in regard to the keeping of, and trafic inarticles aforesaid in regard to the keeping of, and traffic in, the articles aforesaid, SECOND-HAND ARTICLES. 565 shall be incorporated in every license granted in such city or incorporatedin license. town for dealing in the said articles. 18i2, c. 205, ~ 2. 3. Any person who shall violate either of the rules, regula- Penalty for violations of ordinance. tions, or restrictions contained in his license, as aforesaid, shall Ibid. ~3. forfeit a sum not exceeding twenty dollars for each offence. ORDINANCE.1 SECTION 1. No person shall be a dealer in, or No person shall deal in secondkeeper of a shop for, the purchase, sale, or barter, hand artices 1 junk, &c, without of junk, old metals, or second-hand articles, in license Aug. 12, 1862. this city, unless he is duly licensed therefor by the board of aldermen. SECT. 2. Every person dealing in said articles Dealers shallkeep a record of puror keeping such a shop, shall keep a book, in chase,&c. which he shall record, at the time of every purchase by him of either of the articles mentioned in the preceding section, a description of the article so purchased, the name, age, and residence of the person from whom, and the day and hour when, he so received it; and that book shall, at all times, be open to the inspection of the mayor, or either of the aldermen, or of any person by said board of aldermen authorized to make such examination. SECT. 3. No keeper of such shop shall, directly No purchase to be made of minor, or indirectly, either purchase or receive, by way &ci -ndn..s within one week, of barter or exchange, any of the articles afore- excP it&c said of any minor or apprentice, knowing or Dec6 1862. having reason to believe him to be such; and no article purchased by such shopkeeper shall be sold by him until a period of at least one week 1 An ordinance passed August 12, 1862, and amended December 6, 1862. 48 566 SECOND-HAND ARTICLES. Dec. 6,1862. from its purchase or receipt by him shall have elapsed, without entering on his book the name and address of the purchaser, with other proofs sufficient to enable him to keep trace thereof. Keeper of shopto SECT. 4. Every keeper of such shop shall put have a sign, &c. Aug. 12,1862. in some suitable and conspicuous place on his shop a sign, having his name and occupation legibly inscribed thereon, in large letters. All articles to be SECT. 5. Every such shop, and all articles of open to examination, &c. merchandise therein, may be examined at any time by the mayor, or either of the aldermen, or by any person by the board of aldermen authorized to make such examination. Time when shop SECT. 6. No keeper of such shop shall have may be kept open. Aug. 12,1862. the same open for the transaction of business, Dec. 6,1862. except during the time between the rising of the sun and nine o'clock in the afternoon each weekday, except Saturday, when said shop may be kept open until ten o'clock in the evening. iLicense to de- SECT. 7. All licenses granted under this ordis ignate place of business. nance shall designate the place where the person Aug. 12,1862. licensed may carry on his business; and he shall not engage in, or carry on, his business under his license in any other place than the one so designated. Penalties. SECT. 8. Any person offending against either Ibid. of the provisions of this ordinance, shall forfeit a sum not exceeding twenty dollars for each offence. SEWERS AND DRAINS. 567 SECT. 9. Persons who buy or sell no second- Sellersotbook and furniture hand articles, except books or furniture, shall be lexmpt. Aug. 12, 1862. exempt from the provisions and conditions of section three. SECT. 10. All the provisions of this ordinance Licee to cnt provisions of shall be incorporated into every license granted oinance. Ibid. under it. SEWERS AND DRAINS. STATUTES. 13. Notice to be given before open1. Board of aldermen may lay and ing any drain. repair sewers and drains. 14. Provisions not to affect agree2. Land to be taken and damages ments of parties. appraised as in laying out 15. City may construct sewers for highways. drainage of Fort Hill territory. 3. In towns which shall accept, 16. Boston may fill docks inclosed &c., main drains and sewers by Atlantic avenue, with may be laid. earth from Fort Hill. 4. Persons entering their drains 17. May extend sewers so as to into main drain to be assessed, discharge into deep water. &c. 18. To record in Suffolk registry, 5. Such assessments to constitute description and claim for a lien. How collected. filling docks. Cost of filling 6. Party aggrieved may have jury. to be lien upon land, and To file specification of objec- may be collected like taxes. tions. 19. Owner of land may fill it: 7. Town may provide that part of expense shall be paid by town, ORDINANCE. &c. In Boston, not less than 1. Superintendent of common sewone-quarter shall be so paid. ers to be chosen. Annual re8. Highways, streets, &c., not to port. be dug up to lay drains, &c., 2. To have supervision of common without consent of selectmen. sewers. 9. Drains, &c., how to be con- 3. Common sewers to be laid near structed. centre of street. Manner of 10. Persons benefited to share ex- construction. Size. pense of making drains, re- 4. Superintendent to ascertain and pairing, &c. enter in a book the dimen1. To share expense of removing sions, &c., of sewers to be obstructions, &c. built. 12. Those refusing to pay their pro- 5. To keep account of expense of portions, shall pay double the each, and report to board of amount, &c. aldermen, &c. 568 SEWERS AND DRAINS. 6. Board of aldermen, in making 11. Drains entering common sewassessments, to deduct not ers, how to be built, &c. less than one-quarter of the License. expense. Manner of assess- 12. Persons licensed, to execute a ment. bond. Conditions. 7. Mannerofentering, demanding, 13. Penalty for constructing, &c., and collecting assessments, drain without permission. 8. Board of aldermen may compel 14. Permission not to exempt from owners of land to make drains. assessment. May make same at owners' 15. Drains to be cleansed, repaired, expense, in case they neglect. &c. Penalty. 9. Rain-water from roofs may be 16. Penalty for permitting obstruccarried into common sewers. tion to sewer or drain. Ob10. Penalty for entering drain into structions, how removed and common sewer without per- prevented. mit. Fee for permit. STATUTES. Cities and towns 1. The mayor and aldermen of any city, and the selectmen may make and maintain drains of any town, may lay, make, and maintain all such main drains, andcm s or common sew- r n sewers, as they shall adjudge to be necessary for the 1869, c. 111 ~ 1. public convenience or the public health, through the lands of any 17 Howard (U. S.), persons or corporations, and may repair the same from time to 426. 19 Howard, 265. time, whenever repair thereof shall be necessary; and all main 24 ole, 41. 93. drains and common sewers so laid, shall be the property of the 4 Allen, 41. 8 Allen, 127. city or town laying the same. Lands to be taken 2. When any lands or real estate shall be taken by virtue of as in laying out streets anl higoh- this act, the proceedings in the several cities shall be the same, in ways. all respects, as in the laying out of highways or streets in such Ibid. ~ 2. cities respectively; and the proceedings in the several towns shall be the same in all respects as in the laying out of town-ways. Damages to be de- 3. All persons or corporations suffering damage in their termined as in laying out streets and property, by reason of the laying, making or maintaining of any highways. lmain drains or common sewers, shall have the same rights and Ibid. ~ 3. remedies for ascertaining and recovering the amount of such damage, in the several cities, as in the case of the laying out of highways or streets in such cities respectively, and in the several towns, as in the case of laying out of town-ways.1 Persons entering 4. Every person who enters his particular drain into such drains into main main drain or common sewer, or who, by more remote means, 1 By the fourth section of this chapter (111, 1869), sections one, two and three, of chapter, forty-eight, of the General Statutes, were repealed, except as to rights and obligations already accrued; the remaining sections of said chapter, so far as the same are applicable, apply to the laying out of sewers and drains under this act, c. 111, 1869. SEWERS AND DRAINS. 569 receives benefit thereby, for draining his cellar or land. shall pay drain to be to the city or town a proportional part of the charge of making assessed,. G. S. 48, ~ 4. and repairing the same, to be ascertained, assessed, and certi- 9Cush. 233. fied by the mayor and aldermen or selectmen, and notice thereof shall be given to the party to be charged, or his tenant or lessee. 5. Assessments so made shall constitute a lien on the real Such assessments to constitute a lien, estates assessed for one year after they are laid, and may, and may, with together with incidental costs and expenses, be levied by sale costs and expenses. be collected by sale. thereof, if the assessment is not paid within three months after G. s. 48, ~ 5. a written demand for 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. 6 A person aggrieved by such assessment may, at any time Party aggrieved within three months from receiving notice thereof, apply for a mayde havejpy. jury. Such application shall be made in like manner, and the ing. Ibid. ~ 6. proceedings thereon shall be the same, as in case of lands taken See ~10. for laying out of higlhways; provided, that befo re making his application the party shall give one month's notice in writing to the selectmen or mayor and aldermen of his intention so toapply, and shall therein particularly specify his objections to the assessment made by them; to which specification he shall be confined upon the hearing by the jury. 7. Nothing herein contained shall prevent a city or town from Part ofexpense providing, by ordinance or otherwise, that a part of the expense may bepaid by town, &c. of constructing, maintaining, and repairing main drains or common Ibid. sewers shall be paid by such city or town. And in the city of Boston, not less than one-quarter part of such expense shall be How in Boston. paid by the city, and shall not be charged upon those using the Ibid. main drains or common sewers. 8. Whoever digs or breaks up the ground in a highway, street Iighways, &c., or lane, in any town, for the laying, altering, or repairing of a whtenlay be dug 7 1 in I'D in up to lay drains, drain or common sewer, without the consent of the selectmen &c. in writing, shall forfeit five dollars for each offence to the use of the town. 9. All drains and common sewers in a street or highway shall Drains, &c., how to be constructed. be substanti lly made or repaired with brick or stone, or with Ibid. ~9. such other materials, and in such manner, as the selectmen of the town shall permit or direct. 10. When a person, by the consent and under the direction of Persons benefited the selectmen, at his own charge, makes and lays a common mt g are expense of 7 I'? making drains, resewer or main drain for the benefit of himself and others who pairing,&c. think fit to join therein, every person who afterwards enters his Isbed~31 particular drain into the same, or by any more remote means 48* 570 SEWERS AND DRAINS. G. S 48, ~ 10. receives benefit thereby for the draining of his cellar or land, shall pay to the owners of such common sewer or main drain a proportional part of the charge of making and repairing the same, to be determined by the selectmen of the town and certified under their hands; saving always to the party aggrieved by any such determination the right to a trial by jury, as provided in section six. Persons benefited 11. When a common sewer or main drain is stopped or gone by drnnsf to dren ecay, so that it is necessary to open the same in order to ing obstructions, repair it or to remove such stoppage, all persons benefited by such Ibid. ~ 1 repair or removal of obstructions, as well those who do not as those who do cause such repairs to be made or obstruction to be removed, shall pay to the person incurring the expense their proportional parts thereof, to be determined as provided in the preceding section. Those refusing to 12. Every person so required to pay his proportional part of pay their propor- the expense of making or repairing a drain or common sewer, tions, shall pay double amount, shall have notice of the sum and of the person to whom the same &c. Ibid. ~12. is to be paid; and if he does not, within seven days after such 7 Cush. 277. notice, pay the same to the person authorized by the selectmen to 9 Cush. 233. receive it, he shall be held to pay double the amount certified by the selectmen as aforesaid, with all expenses arising upon such neglect; and the person so authorized by the selectmen may recover the same in an action of contract in his own name. Notice to be given 13. Whoever has occasion to open a common sewer or main before opening any drain in order to clear and repair the same, shall, seven days at drain. Ibid. ~13. least before he begins to open the same, give notice to all parties see nte, ~10. interested, by advertising in such manner as the selectmen may direct, that such parties may, if they think proper, object thereto and state their objections in person or in writing to the selectmen;. and if the selectmen judge the objections reasonable, the parties making the same shall not be held to pay any part of such expenses; but if they do not make their objections to the selectmen within three days after such notice, or if the objections are not adjudged reasonable, the selectmen shall in writing, under their hands, give liberty to the persons applying, to open such common sewer or main drain, and to clear and repair the same; and all persons interested therein shall pay their proportions, to be determined as provided in section ten. Agreements of 14. Nothing contained in this chapter shall affect any coveowersotaf nants or areements among the proprietors of such drains or fected. poir Ibid. ~ 14. common sewers. City may construct 15. By an act passed in 1869, the city of Boston was authorized sewers for drainageof Fort tIill to construct and maintain such new drains or sewers for the territory, efficient and proper drainage of Fort Hill territory, so called, in 189, c.'34, ~ 1. the city of Boston, over any lots of land of said territory, as the SEWERS AND DRAINS. 571 board of aldermen might deem necessary, and allow compensation 1869, c. 94, ~. for any damages occasioned thereby, in the same manner as was Damages. there provided by law in relation to the construction of common sewers. 16. By an act passed April 17, 1869, the city of ston, to Boston, to may fill prevent the nuisance which would be created by the sewers dis- docksinclosed by Atlantic avenue charging into the docks, and from stagnant water in said docks with earth fro.. Fort Hill. inclosed by the building of Atlantic avenue, was authorized to fill 1SGo, c. 1S, ~. up said docks with earth from Fort Hill, and have a lien on the land made by said filling, for the cost of doing the same. 17. The city was also authorized to extend the sewers then May extend sewere so as to discharge discharging into said docks, and such other sewers as, in their into deep water. judgment, required extension, so as to discharge the same into Ibid. 2. deep' water below Atlantic Avenue, or from the ends of the wharves, as they should deem most convenient or conducive to public health, and assess the cost of doing the same in the manner then provided by law in relation to the building of sewers. 18. The act further provided that the city should file for record To record in Sufin the Suffolk registry, a description of the boundaries of the docks foliS regitry description and claim so filled, together with their claim for the cost of filling the same, for filling docks. and also the portions of such assessments for sewers as should i ~ apply to lands filled as before named, and such amounts for filling and for constructing sewers so filled as aforesaid, should constitute a lien on said lands, which might be enforced and collected in the same manner as is provided by law for the collection of taxes upon real estate; and when the different claimants to the lands so filled Cost of filling to be should settle the boundaries of their several claims, the said city lend monbe lashould discharge their lien on the record in said registry on the lectedlike taxes. land of any owner, on the said owner paying to the said city the proportion of said cost for filling and construction of sewers, due on his land, together with interest on the same from the date of said expenditure by said city. 19. Nothing in this act was to be so construed as to prevent Ownerofland any owner from filling his own lot of land, provided he did it in my fill it. -— J -~~-n - ------ ---— 3 Ibid. ~ 4. season to prevent a nuisance, and the filling be done with suitable and wholesome earth, to be approved by said city. ORDINANCE.1 SECTION 1. There shall be chosen annually, Superintendent of common sewers to on the first Monday of February, or within sixty 1 An ordinance in relation to common sewers and drains, passed June 14, 1841; an ordinance in addition thereto, passed March 7, 1844; ordinances to amend, passed December 26, 1855; December 31, 1862; July 23, 1869. 572 SEWERS AND DRAINS. be chosen. days thereafter, by concurrent vote of the city June 14, 1841. July 23,1869. council, a superintendent of common sewers, 9 Cush. 233. who shall hold his office for one year from the first day of April of the year in which he is elected, or until he is removed, or a successor is appointed. He shall receive such compensation as the city council may determine, and may be removed at the pleasure of the city council; and in case said office shall, at any time, become vacant, it shall be filled in the manner above prescribed for the unexpired term. On or before the tenth day of January, annually, the said superintendent shall make a report to the city council, containing a statement of the expenditures, income, and business of his department during the preceding year, a schedule of the property belonging to the department, and such other information, or such suggestions, as he may deem expedient. To have supervi- SECT. 2. The superintendent shall, under the sion of common ewrs.' direction of the board of aldermen, take the general supervision of all common sewers, which now are, or hereafter may be, built and owned by the city, or which may be permitted to be built or opened by its authority; and he shall take charge of the building and repairs of the same, and make all contracts for the supply of labor and materials therefor. Common sewers to SECT. 3. All common sewers which may be be laid near centre of street. considered necessary by the board of aldermen, Manner of con- v srction. in any street or highway, shall be laid, as nearly as possible, in the centre of such street or high SEWERS AND DRAINS. 573 way, and shall be built of such materials, and July2s,186. of such dimensions, as the said board shall direct. And where it is practicable and advisable, they shall be of a sufficient size to be entered and size. cleaned without disturbing the pavement above. SECT. 4. The superintendent, whenever any Superintendnt to ascertain and enter common sewer is ordered to be built or repaired, Inabookthe d mensions, &c., (o' shall ascertain its depth, breadth, mode of con- sewesto be bi.'t. June 14,1841. struction and general direction, and take the plan1 thereof, and insert the same, with all those particulars, in a book, to be kept for that purpose, and forthwith ascertain and insert on said plan all entries made into such sewer. SECT. 5. He shall keep an accurate account superinteldellt to keep account of of the expense of constructing and repairing expen se of each -Ln~ - JL ~~~sewer, and report each common sewer, and shall report the same to to bordotaldrImell, &c. the board of aldermen, together with a list of the Ibid. persons and estates deriving benefit therefrom, and an estimate of the value of the lands, upon which said expense ought to be assessed, exclusive of any buildings or improvements thereon. SECT. 6. The board of aldermen, in making Bo.ad ofaldeonn, in making assessassessments for defraying the expense of con- mett.ledlt not less thattn ote structing or repairing common sewers, pursuant 1 In all plans made for the city in reference to the subject of grading streets, drainage, water works, &c., relative heights are expressed by figures, low water being at zero. The crossings of the Boston and Albany, and the Boston and Providence Railroads are nearly six feet above zero; Tremont street is sixteen feet above; the coping of the dry dock at the navy yard, Charlestown, is fifteen feet above; and the grade of the water power and commonwealth's land is eighteen feet above. Ordinary high water is ten, but it is not very uncommon for spring tides moved by strong easterly winds to rise to fourteen. 574 SEWERS AND DRAINS. quarter of theex- to the provisions of this ordinance, shall deduct pense. March 7,1844. therefrom such part, not less than one quarter, 7 Cush.277. See p. 6f, ~7. as they may deem expedient, to be charged to Manner of assessment. and paid by the city; and they shall assess the remainder thereof upon the persons and estates deriving benefit from such common sewer, either by the entry of their particular drains, or by any more remote means; apportioning the assessment according to the value of the lands thus benefited, exclusive of any buildings or improvements thereon; and they shall also fix the time when the proportion of the said assessments, charged upon persons benefited, shall be paid. Manner of enter- SECT. 7. The superintendent shall enter in ing, demanding and collecting s- books, kept for that purpose, all such assesssessments. June 14,1841. ments made by the board of aldermen, and shall forthwith make out bills for the same, and deliver them to the city treasurer for collection; and the city treasurer shall forthwith demand payment in writing of the said bills, in the manner prescribed by law; and if any bills or dues under this ordinance remain unpaid at the expiration of three months after demand for payment as aforesaid, the city treasurer shall cause the same to be collected by the proper legal process. Board of aldermen SECT. 8. The board of aldermen shall have may compel owners of landtol ake power, in all cases where there is any common drains., a w e Ibid. sewer in any street or highway, to cause every owner of land, adjoining such street or highway, his agent or tenant, to make a sufficient drain from his house, yard, or lot, whenever, in their SEWERS AND DRAINS. 575 opinion, the same may be necessary, and they June 14,1841. shall thereupon give such owner, agent, or tenant notice in writing, specifying the time within which such drain must be completed; and if the May make same at owners' expense, said owner, agent, or tenant neglects to complete in cae they the same within the time specified, the board of Ibid. aldermen shall cause it to be done, ald shall recover the whole amount of the expense thereof, together with ten per cent damages, by an action in the name of the city of Boston, before any court proper to try the same; provided, however, that in no case shall the ten per cent claimed by way of damage exceed the sum of twenty dollars. SECT. 9. It shall be lawful for all persons, Rain-water from roofs may be carhaving the care of any buildings, to carry the ried into common sewers. rain-water from the roofs of said buildings at Ibid. their own expense, into any common sewers, free of any charge from the city; provided, that the same be done by tight water spouts and tubes under ground, and under the direction of the board of aldermen. SECT. 10. Every person entering his or her Penaltyfor enter-- - toing drain into comparticular drain into any common sewer, without mon sewerwithout permit. a permit in writing from the board of aldermen, Ibid. or superintendent of common sewers, as 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 said board may deem just and reasonable. SECT. 11. All particular drains which enter Drainsentering common sewer, into any common sewer in any street or highway, howtobebuilt.&.. 576 SEWERS AND DRAINS. Dec. 31,1862. shall be built of such size and materials, and in July 23, 1862. such a direction, and at such grade, and in such a manner as the board of aldermen, or the superintendent of sewers, shall direct; and all openings into such common sewer for the purpose of connecting a drain therewith, and all drains and repairs of drains from any house, cellar, yard, or other premises connecting with such common sewer,1 and all openings or excavations in any street or highway, for the purpose of constructing or repairing any private drains, shall be made icense. by a person licensed in writing for that purpose by the standing committee on sewers, or the superintendent of sewers, authorized so to do by said committee. nlicensed to SECT. 12. Every person licensed as provided give bond to the city. in the preceding section shall, before performing ibid. any work authorized thereby, execute a bond to the city, in such sum as the committee on sewers may prescribe, with one or more persons as sureties satisfactory to the committee on sewers or Conditions. the superintendent of sewers, conditioned that he will properly make the openings into the sewer; that he will properly construct or repair the drains connecting with the sewer or any other drain; that he will leave no obstruction of any description in the sewer which he may open; that he will properly close up the excavation and restore the earth and pavement taken up, and regrade and repave the street, should it settle or become out of order within one year thereafter; or if he 1 For provisions relating to the connection of vaults with drains or sewers, see " Health," ~ 44, on page 346. SEWERS AND DRAINS. 577 fail to do so within twenty-four hours after being Dec.31,1862. notified thereof in writing, then it shall be regraded or repaved at his expense, by direction of the superintendent of sewers; also, that he will cause a sufficient fence to be placed and fixed so as to enclose the excavation, and the earth, stone, or other material which may be put into the street, and that he will maintain such fence during the whole time such excavation, earth, or other material may obstruct the street; and that he will cause one or more lighted lanterns to be maintained in a conspicuous place over such excavation, earth, or fence, from the beginning of twilight every evening, and through every night durilng the time such excavation or obstruction in the street may exist; and further, that he will comply with the ordinances in relation to sewers, and drains, and streets, and to such orders and regulations as the board of aldermen may adopt for the proper government of persons licensed to construct or repair private drains or open and dig in the street or higlhway for that purpose; and that he will indemnify and hold harmless the city from any damage or costs to which they may be put by reason of injuries resulting to any one from neglect or carelessness in making and repairing such drain, or in performing any work connected therewith, or in properly fencing or lighting at night any excavation or obstruction caused by making or repairing such drain. SECT. 13. If any drain in any street or high- Penalty for co-ll structina, &c., way be constructed or repaired, or any excavation drain without iper- JLcl I' v~a p ro e vil atmission, &c. be made for that purpose, without the permission 49 578 SEWERS AND DRAINS. ec. 31, 1862. authorized in section eleven, or in a mode different July 23,1869. from that prescribed therein, the person doing such work, and the owner or agent directing the same, shall respectively be liable to a penalty not exceeding twenty dollars. Permission not to SECT. 14. No owner or owners of any real exempt from as- Decs S62. estate to whom permission has been or shall be given to construct private drains for such estate shall, by the construction of such private drains, be exempted from an assessment lawfully imposed for constructing common sewers in the same vicinity. Drains to be SECT. 15. Whenever any drain connecting cleansed, repaired Ibi. with any common sewer or drain becomes clogged, obstructed, broken, out of order, or detrimental to the use of the sewer or other drain, or unfit for the purposes of drainage, the owner, agent, occupant, or person having charge of any building, yard, lot of land, or other premises which are drained by said drain, shall, when directed by the board of aldermen, within five days after notice in writing from said board, remove, reconstruct, alter, cleanse, or repair said drain, as the condition of said drain may require. enalty for not In case of neglect or refusal to remove, reconcleaning drains, &,. astruct, repair, alter, or cleanse said drain for the space of five days, the board of aldermen shall cause the same to be removed, reconstructed, repaired, altered, or cleansed, 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 SEWERS AND DRAINS. 579 also be liable to a penalty not exceeding fifty Dec.31,1862. dollars. SECT. 16. Any owner, agent, occupant, or Penalty for permitting obstruction other person having charge of any building, yard, to sewerordrain. Ibid. lot of land, or other premises which are drained into any common sewer or drain, who permits any gravel, sand, ashes, or any substance or matter which may form a deposit or obstruction in any common sewer or drain, to flow or pass into the same, shall be liable to a penalty of not more than twenty dollars for each offence. And said owner, agent, occupant, or other per- Obstructions, how removed and preson as aforesaid shall, when directed by the vented I^~~~~~~~~~~~~ Ibid. board of aldermen, within ten days after notice in writing to that effect from said board, provide his drain with a sufficient cesspool or catch-basin, or, if one already exist, clean out, repair, or alter the same, and provide such other means as shall prevent any substance or matter from passing into the sewer or drain which may cause a deposit or obstruction therein. In case of neglect or refusal to provide a cess- Proceedingsif owner neglects to pool or catch-basin, or to clean out, repair, or provide cesspool &C. alter such cesspool or catch-basin, if one exist, Ibid. for the space of five days, the board of aldermen shall cause to be constructed a suitable and sufficient cesspool or catch-basin, or, if one exists, shall cause it to be repaired, altered and cleaned, and provided with such other means to prevent any substance or matter from passing into the sewer or drain that may cause a deposit or obstruction therein, as they may deem expedient, at the expense of the owner, agent, occupant, or 580 SOLICITOR. Penalty for not other person having charge of the premises, and cleaning, &c., cessool. 186 such owner, agent, occupant, or other person, shall also be liable to a penalty not exceeding twenty dollars. SOLICITOR. STATUTE. 5. General duties of the three offiCity solicitors in prosecutions on cers. city by-laws to have power of a 6. Assistant solicitors to act under district attorney. advice of solicitor. 7. To occupy the city solicitor's ORDINANCE. office. 1. City solicitor to be elected. 8. Solicitor to make semi-annual 2. Two assistant city solicitors to reports. be appointed. 9. Solicitor's clerk. 3. Duties of city solicitor. 10. Compensation of said officers. 4. Duties of assistant citysolicitors. STATUTE. City solicitors in In all prosecutions before a police court or justice of the prosecutions upon city by-laos shall peace under the by-laws of a city or town, the city solicitor, or have the powers of other person appointed by the board of aldermen, or selectmen of district attorney. G. 172,~ 20. such city or town, may enter a nolle prosequzi, or do any other matter or thing which may be done by a district-attorney in a criminal prosecution. ORDINANCE.1 solicitor, how cho- SECTION 1. On the first Monday of February, pril 2,866. annually, or within sixty days thereafter, there shall be elected, 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 be a counsellor at law of the courts 1 An ordinance relating to the law department, passed April 2, 1866; amended April 11, 1868. SOLICITOR. 581 of the commonwealth; and who shall not hold April2,18(6. any other office under'the city government during the period for which he is elected. He shall hold his office for one year from the first Monday of April, in the year in which he may be elected, unless sooner removed; and he may be removed at the pleasure of the city council; and vacancies may be filled at any time for an unexpired term. SECT. 2. On the first Monday of February, Assisantsocitors, how appointed. annually, or within sixty days thereafter, the Apri 2,1866. April 11, 1868. mayor shall nominate, and by and with the advice and consent of the committee on ordinances appoint, two assistant city solicitors for the city of Boston, who shall be resident citizens thereof and counsellors at law of the courts of the commonwealth, and who shall not hold any other office under the city government during the period for which they are appointed. They shall hold their offices for one year, from the first Monday in April, in the year in which they may be appointed, unless sooner removed; and they may be removed at the pleasure of the mayor, and vacancies may be filled at any time for an unexpired term in the same manner as the original appointments. SECT. 3. It shall be the duty of the city soli- Dutiesof itysolicitor. citor, when so requested, to furnish legal opinions I.bid April 2, 186fi. on any subject or question submitted to him by the mayor, the board of aldermen, the common council, any joint committee, or any committee of either branch of the city council, any board elected by the city council, or by any officer of 49* 582 SOLICITOR. April2,1866. the city government who may need advice in regard to the discharge of his official duties. ties o assistant SECT. 4. It shall be the duty of the assistant solicitors. April 2,1866. city solicitors to examine all titles to property, to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements, and other legal instruments of whatever nature, which may be required by any ordinance or order of the city council, or either branch thereof, or by any committee of the city council, or either branch thereof or by any board elected by the city council, or which may be requisite to be done and made by the city of Boston; or which, by law, usage or agreement, the city may be at the expense of drawing. Equal duties of t1e SECT 5. It shall be the duty of the city three officers. April 2,1866. solicitor and assistant solicitors to commence and 1l Gray, 103. prosecute all actions and suits begun by the city, and to defend all actions and suits brought against the city, in any court or other tribunal in this commonwealth; also to appear as counsel in any other action, suit or prosecution which may involve the rights and interests of the city, and to defend any of the officers of the city in suits and prosecutions against them for any official action, or the performance of any official duty, when any estate, right, privilege, ordinance, act, or direction of the city government may be brought in question.1 And the said solicitor and assistant solicitors shall also appear 1 See, also, ordinance relating to " Claims," ante p. 126. SOLICITOR. 583 as counsel before the legislature of the common- Apri21866. April 11, 1868. wealth, or any committee thereof, w'cenever the interest and welfare of the city may be directly or incidentally affected; and they shall perform all other professional duties incident to the office which may be required of them by the mayor, the city council, or either branch thereof, or by any joint or separate committee thereof. SECT. 6. In all duties imposed by this ordi- Assistants tobe subject to the city nance upon the assistant solicitors, they shall be solcitor. Ibid. subject to the direction and control of the city solicitor; and the assistant solicitors shall at all times be entitled to the advice and direction of the solicitor regarding the discharge of their duties; and the solicitor may at any time take exclusive control of any matter provided to be done by the assistant solicitors. SECT. 7. The city solicitor, assistant solicitors, Tooccupy the office providecd by and the clerk hereinafter mentioned, shall occupy te city. ibid. the office or suite of rooms, provided for them by the city council, and which shall be called the city solicitor's office. It shall be furnished by the Tokeepbooks and records. committee on ordinances with suitable dockets, letter books, books for entering abstracts of titles to property, and for recording the opinions of the solicitor, and such other books of registration and account as the committee on ordinances may from time to time prescribe, which books, together with all papers relating to the affairs of the city which shall come into the possession of the city solicitor or either of the assistant solicitors in his or their official capacity, shall remain the property 584 SOLICITOR. Apri 2,1866. of the city of Boston. All papers and documents April 11, 1868. in said office, belonging to the city, shall be kept in proper files with suitable indices. The committee on ordinances may, from time to time, determine the manner in which the dockets, the books containing abstracts of titles to property, and the opinions of the city solicitor, and any other books of registration and account which they may prescribe, shall be kept. olicitor to make SECT. 8. In the months of June and Decemsemi-annual reibid.' ber of each year, the city solicitor shall make a report, in writing, to the city council, of all suits or legal proceedings in which the city of Boston has any interest, begnn, pending, or determined during the six months next preceding the time of making said report; and in such report shall state the names of the parties, the causes of action, the date when each suit or proceeding was begun, and before what court or tribunal, the amount of the judgment rendered, if any, and in whose favor, and the condition of all pending suits or proceedings, with such other information as may at any time be prescribed by the committee on ordinances. Solicitor's clerk. SECT. 9. The city solicitor shall, annually, Ibid. within thirty days after his election, appoint a clerk, a certificate of whose appointment he shall file in the office of the city clerk. The clerk shall hold his office for one year, fiom the first Monday of April, in the year in which he may be appointed, unless sooner removed; and he may be removed at the pleasure of the solicitor; and vacancies SOUTH BOSTON. 585 may be filled for an unexpired term in the same April 2,1 April 11,1868. manner as the original appointment. The said clerk shall copy all papers which the solicitor or assistant solicitors may require to be copied, and shall, under the direction of the city solicitor and the assistant solicitors, keep all the books of the office, and perform such other duties as they may impose upon him. He shall receive such compensation as the city council may from time to time determine. SECT. 10. The city solicitor and assistant Compensation of said officers. solicitors shall receive, in full compensation for Ibid. all their services, such salaries as the city council may from time to time determine. Whenever, however, their attendance may be required out of the city, they shall be allowed their reasonable travelling expenses; and they shall be entitled to receive and retain, for their own use, the legal taxable costs which may be received of the adverse party, in suits and prosecutions, when the city may recover the same, according to the practice of courts, to be. divided among them in the proportion of their respective salaries. SOUTH BOSTON. 1. Annexation of part of Dorches- out streets in South Boston. ter to Boston (South Boston). Provisos. 2. Lots of land to be set apart for 4. Additional territory annexed public use in South Boston. (Washington village). 3. Selectmen authorized to lay 5. Streets to be laid out. 586 SOUTH BOSTON. STATUTES. Annexation of part 1. By an act passed March 6, 1804, all that part of Dorchester oftDorcheiter to Boston (South lying northeast of the following line, viz: Beginning at a stake Boston ).outh cn Boston). and stones at Old Harbor, so called, at the southwest corner of 1803, c. 111, ~ 1. land formerly belonging to John Champney, running north thirtyseven 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, was annexed to the town of Boston, in the county of Suffolk. Lots of land to be 2. It was provided in said act that the proprietors of the said set apart for public usein South Bos- tract should assign and set apart three lots of land on the same, ton. for the public use, viz: One lot for the purpose of a public marketIbid. ~ 2. 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 aforesaid, should thenceforth vest in the said town of Boston forever, without any compensation to 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 fieeholders, 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. SOUTH BOSTON. 587 3. The selectmen of Boston were authorized to lay out such Selectmenauthorstreets and lanes through the said tract, as in their judgment ized to laout streets in South might be for the common benefit of the said proprietors and Boston. 1803, c. 111, 3. of said town of Boston; a reasonable attention being paid 16Pick.442. to the wishes of the proprietors; and in case of disagreement 3Cush. 290. 5 Cush. 1. between the selectmen and proprietors, or either of them, the 12 cush. 574. same proceedings were to be had as were provided by law in Gray, 203 14 Gray, 282. other cases for laying out townways; provided, only, that no Provisos. damages or compensation 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; and provided, 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 to do so.1 4. By an act passed May 21, 1855, it was provided in the first Additionalte section that all the territory of the town of Dorchester, in the (woainglonviicounty of Norfolk, which lies northeasterly of a line extending lage). from a stake and stones on the headland, near the line between the 1800, c.468,~ 1. said town of Dorchester and the city of Roxbury, in said county of Norfolk, north fifty-six degrees west, across the easterly side of the Old Colony Railroad, one hundred and forty feet from the centre of a culvert, next south of said line two thousand eight hundred and twenty-three feet to a stake and stones on the headland; thence in a straight line to the centre of the channel of Dorchester Bay, which is the dividing line between said Dorchester and the town of Quincy, with all the inhabitants and estates therein, be set off from the town of Dorchester and annexed to the city of Boston, in the county of Suffolk, and be considered and deemed a part of the city of Boston; provided, that the said territory and the inhabitants thereon set off as aforesaid, should be holden to pay all taxes then assessed or ordered to be assessed by said town of Dorchester, not extending beyond the first day of May, eighteen hundred and fifty-six, in the same manner as if such act had not been passed; and provided, further, that all paupers who had gained a settlement in said town of Dorchester by a settlement gained or derived within said territory, should be relieved or supported by said city of Boston, in the same manner as if they had a legal settlement in said city of Boston. 5. By the third section of said act it was provided that the Streets to be laid mayor and aldermen2 of the city of Boston be authorized to lay out. Ibis. ~ 3. out such streets and lanes over the said tract, within twelve 1 See city doc. 67, 1864, and 122, 1867. 2 By the city charter of 1854, ~ 33, the power to lay out streets is vested in the board of aldermen. 588 STAVES AND HOOPS. 1855, c. 46, ~. months from the passage of said act, as, in their judgment, the interests of the proprietors of lands in said tract. and the public convenience might require; provided, said proprietors should relinquish any claim for damages or compensation for the land over which said streets and lanes may be so laid out within the time aforesaid. STAVES AND HOOPS. STATUTES. 3. Of hogshead hoops, their length, 1. Cullers of hoops and staves to be size, &c. chosen. 4. Fees for culling. 2. Quality and size of staves. 5. Penalty for fraud in culling. STATUTES. Culers of hoops 1. In every maritime place from which staves are usually ndstaves to be exported, there shall be annually chosen two or more suitable a. s. 49, ~s4 persons to be viewers and cullers of staves and hoops, who shall be sworn. Quality and size of 2. White oak butt staves shall be at least five feet in length, staves.. five inches wide, and one inch and a quarter thick on the heart or Ibid. ~ 85. thinnest edge and every part thereof; white oak pipe staves shall be at least four feet and eight inches in length, four inches broad in the narrowest part, and not less than three-quarters of an inch thick on the heart or thinnest edge; white oak and red oak hogshead staves shall be at least forty-two inches long, and not less than half an inch thick on the heart or thinnest edge; white oak and red oak barrel staves for foreign market shall be thirty-two inches long, and for home use thirty inches long, and shall average half an inch thick on the heart or thinnest edge; white oak and. red oak hogshead and barrel staves shall be at least four inches in breadth, and none less than three inches in breadth in the narrowest part, and those of the breadth last mentioned, shall be clear of sap; and all staves shall be well and proportionably split. Of hogshead.oops, 3. Hogshead hoops that are exposed to sale expoxported, shall tLeir lengtl, size, be from ten to thirteen feet in length, of white oak or walnut, Ibid. 86. of good and sufficient substance, and well shaved; those of oak shall not be less than one inch broad at the least end, and those of walnut shall not be less than three-quarters of an inch broad at the least end; each bundle shall consist of thirty hoops; and all hoops of ten, twelve, and thirteen feet respectively, shall be made up in distinct STEAM-ENGINES, ETC. 589 bundles by themselves. If hoops of less dimensions than those G.s.49,~s86 prescribed by law are packed, or if a bundle contains less than thirty hoops, the bundle shall be forfeited, and may be seized by the culler of hoops, and libelled for the benefit of the place where it is offered for sale. 4. Cullers shall be allowed for their time and services fifty Fees for culling. cents a thousand for hoops, twenty-eight cents a thousand for Ibid.~8-7 barrel staves, thirty-three cents a thousand for hogshead staves, forty cents a thousand for pipe staves, and forty-four cents a thousand for butt staves, as well refuse as merchantable; the merchantable to be paid for by the buyer, the refuse by the seller. 5. If a culler connives at, or is guilty of, fraud in culling Penaltyforfraudin staves or hoops, he shall forfeit fifty dollars for each offence; cdlling. and if he refuses to perform service when requested, shall forfeit five dollars. STEAM-ENGINES, FURNACES, AND BOILERS. STATUTES. 10. Steam-boilers, when may be re1. Steam engines and furnaces not moved as nuisances. to be used in certain cases 11. Not to be made or used, &c., without license. without safety-plugs. 2. Public notice of applications for 12. Penalty for removing safetylicense, &c. plugs. 3. Municipal officers may regulate 13. For making, &c., boilers withfurnaces, steam-engines, &c. out safety-plugs. 4. Appeal and proceedings thereon. 14. Use within five hundred feet 5. Court may restrain use while of dwelling-house or public appeal is pending. building prohibited, unless 6. Verdict of jury may affirm, &c., licensed. order. Acceptance of verdict. 15. Engine erected without license 7. Recovery of costs, to be deemed common nui8. Engines and furnaces when com- sance. mon nuisances, &c. 16. Act void unless adopted by city. 9. Aldermen, &c., may examine steam-engines and prohibit use. STATUTES. 1. No furnace for melting iron or making glass, and no steam-el ines and. CI-)rntces not Lo be stationary steam-engine designed for use in any mill for planing fsin ctrtacin or sawing boards or turning wood, or in which any other fuel 50 5590 STEAM-ENGINES, ETC. c.se. witlloult than coal is used to create steam, shall be erected or put up to license. be used in any city or town by which the provisions relating G. S. 88, ~ 33. 7 s Gray, 195. thereto of chapter one hundred [and] ninety-seven of the statutes Allen, 7. of eighteen hundred and forty-five 1 or chapter ninety-six of the statutes of eighteen hundred and forty-six, respectively, have been adopted, or by which this and the seven following sections shall have been adopted, at a legal meeting of the city council of the city or the inhabitants of the town, called for that purpose, Proviso. unless the mayor and aldermen or selectmen thereof have granted a license therefor, prescribing the place where the building in which such steam-engine or furnace is to be used shall be erected, the materials and construction thereof, with such regulations as to the height of flues and protection against fire as they deem necessary for the safety of the neighborhood. Such license may be granted on a written application, and shall be recorded in the records of the city or town. Public notice of 2. Upon application for such license, the mayor and alderapplications for men or selectmen shall assign a time and place for the considerlicense, &c. Ibid. ~ 34. ation of the same, and cause at least fourteen days' public notice thereof to be given, at the expense of tle applicant, in such manner as they may direct, in order that all persons interested may be heard thereon. Municipal officers 3. In any city or town by which chapter one hundred and ay egulatefur- ninety-seven of the Statutes of eighteen hundred and forty-five llaCes, steamengines, &c. has been adopted, or by which sections, thirty-three, to forty, ibid. ~ 35. inclusive (being sections one to eight, inclusive of this text), shall have been adopted at a legal meeting of the city council of the city or inhabitants of the town called for that purpose, the mayor and aldermen or selectmen, after due notice in writing to the owner of such steam-engine or furnace, except for making glass, erected or in use therein before the time of such adoption, and a aaybe adjudged hearing of the matter, may adjudge the same to be dangerous or a nllisalce. a nuisance to the neighborhood, and make and record an order prescribing such rules, restrictions, and alterations, as to the building in which the same is constructed or used, the construction and height of its smoke-flues, with such other regulations as they deem necessary for the safety of the neighborhood; and the city or town clerk shall deliver a copy of such order to a constable, who shall serve on the owner an attested copy thereof, and make return of his doings thereon to said clerk within three days from the delivery thereof to him. Appeal, and pro- 4. The owner of a steam-engine or furnace who is aggrieved eedings thee by such order, may apply to the superior court, or a justice 1 Adopted by the city council of Boston, April 21, 1845. STEAM-ENGINES, ETC. 591 thereof in vacation, for a jury; and the court or justice shall G s.88, ~33. issue a warrant for a jury to be emapanelled by the sheriff in like manner as is provided in chapter forty-three of the General Statutes, in regard to the laying out of highways. Such application shall be made within three days after the order is served upon the owner, and the jury shall be empanelled within fourteen days from the issuing of the warrant. 5. The court or justice, on granting the application for a jury, court may restrain may issue an injunction restraining the further use of such engine ehile p nppell is I -nY pending. or furnace until the final determination of the application. Ibid. ~ 37. 1 Allen, 137. 6. The jury may find a verdict either affirming or annulling the verdict of jury order in full, or making alterations therein; which verdict shall mayaffirm,&c.,or3~~70~~~~~~~ ~~~der. Acceptance be returned by the sheriff to the next term of the court for accept- of verdict. ance, as in the case of highways, and when accepted shall take Ibid.38-. effect as an original order. 7. If the order is affirmed, costs shall be recovered by the city Recovery of costs. or town against the applicant; if it is annulled, damages and costs Ibid. ~39. shall be recovered by the complainant against the city or town; and if it is altered, the court may render such judgment as to costs, as to justice shall appertain. S. Any steam-engine or furnace erected or used contrary to Engines, &c., when the provisions of the seven preceding sections, shall be deemed a commo nuisnn " i"'"""'""" "` "`" "''"^' 1'"'""~"^^3 ces, &C, common nuisance. And the mayor and aldermen, or selectmen, Ibid. ~40. shall have like authority to remove the same as is given to boards of health to remove nuisances by sections eight, nine, and ten, of chapter twenty-six, of the General Statutes.' 9. The mayor and aldermen, or selectmen of any city or town, Ahiern.en. &c., or any person by them authorized, may, after notice to the parties mey eaies steani-engines, interested, examine any steam-engine or steam-boiler therein; &c., and prohibit 11e. and for that purpose may enter any house, shop, or building; and Ibid. ~41. if, upon such examination, it appears probable that the use of such engine or boiler is unsafe, they may issue a temporary order to Usetobe sussuspend such use, and if, after giving the parties interested, so far pended. as known, an opportunity to be heard, they adjudge such engine or boiler unsafe, or defective, or unfit to be used, they may pass a permanent order prohibiting the use thereof until it is rendered safe. If, after notice to the owner or person having charge thereof, such engine or boiler is used contrary to either of such orders, it shall be deemed a common nuisance, without any other proof thereof than its use. 10. The mayor and aldermen, and selectmen, shall have the Steam-engine or same authority to abate and remove any steam-engine or steam- boiler, when ma zn J a ~be removed as boiler erected or used contrary to the provisions of the preceding nuisance. Ibid. ~ 42. t See "Health," statutes, ~~ 9, 10, 11, ante, p. 316. 592 STEAM-ENGINES, ETC. G. s. 88, ~42. section, as boards of health have to remove nuisances, by sections eight, nine, and ten, of chapter twenty-six, of the General Statutes.1 Not to be made or 11. No person shall manufacture, set up, use, or cause to used, &c., without safety-plugs. be used, any steam-boiler, unless it is provided with a fusible Ibid. ~43. safety-plug made of lead or some other equally fusible material, and 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 used, and in all cases, 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, Ashcroft's' protected safety fusible plug" may be used. Penalty for remov- 12. Whoever, without just and proper cause, removes from inebd. ~''44Y. any boiler the safety-plug thereof, or substitutes therefor any material more capable of resisting the action of the fire than the plug so removed, shall be punished by a fine not exceeding one thousand dollars. Penalty for mat- 13. Whoever manufactures, sets up, knowingly uses, or causes ing, &c., boilers without safety- to be used, for six consecutive days, a steam-boiler unprovided plugs. with a safety fusible plug, as named in section eleven, shall be ibid. ~ 45, Ib.punished by fine not exceeding one thousand dollars. Use within five 14. No stationary engine, propelled by steam or other motive hundred feet of dwelling-house or power, shall be hereafter erected or put up for use in any city or public building town, within five hundred feet of any dwelling-house or public prohibited, unless licensed, building, unless a license therefor shall have been first granted in 1862, c. 74 ~ 1. the manner provided in sections one, two, and three, in respect to licenses of steam-engines, furnaces, and boilers; and such license shall be applied for, granted, and recorded, in manner as therein provided. Engine erected 15. Any stationary engine hereafter erected, without such without license to o be deemed com- license, shall be deemed a common nuisance, and the mayor and mon nuisance. Ibid. ~l2. aldermen, or selectmen, shall have like authority to remove the same, as is given to them by section eight. Act void unless 16. This act shall not be in force in any city or town until it adopted by city. Ibid, ~3. has been adopted at a legal meeting of the city council of the city, or of the inhabitants of the town called for that purpose.2 1 See note to section 8, ante. 2 Adopted by the city council, March 25, 1862. STREETS. 593 STREETS. STATUTES. 21. Ways and bridges to be repaired 1. Laying out and widening streets at expense of town. in Boston; compensation for 22. Towns to pay damages occabuildings removed and for sioned by repairs. land taken. See note. 23. Petitioner aggrieved may apply 2. Discontinuance, &c., of streets. for jury, or, &c. 3. Previous orders, &c., of select- 24. If life is lost through defect, men confirmed. &c., executor may recover 4. Record of streets, &c., required $1000. to be kept. 25. Damages for defect of ways. 5. County commissioners author- 26. Party liable may tender, &c. ized to lay out highways, &c. 27. Penalty on towns for neglect, 6. Powers of board of aldermen of &c. Boston. 28. Fines imposed appropriated for 7. Applications for laying out, &c., repairs, except, &c. highways, how made. 29. Location, when not to be 8. Parties may apply for jury to denied. superior court; view to be 30. May lay out land for gravel and granted. clay pits, to be used in repair9. Commissioners of Middlesex, ing streets. May lay out their powers in Suffolk. War- ways for access to pits. Same rant for jury, to whom proceedings as in laying out directed; return of verdict, highways. Extent of exca&c. vation permitted to be speci10. Special provisions for laying out, fied. &c., streets in Boston. 31. Damages, how tobe determined. 11. Damages to be estimated but 32. Land taken to be used only for not paid until, &c. Indem- purposes specified, and to nity. revert to owner at expiration 12. Damages, how estimated; set of the time limited. off. 33. Board of aldermen may lay out, 13. When claimants have different widen and grade streets. interests, damages to be paid 34 Expense, how estimated. to trustee, &c. 35. Damages, how paid. 14. Trustee in certain cases to be 36. Removal of buildings and maappointed by judge of pro- terials. bate, &c. 37. Assessments to constitute a lien. 15. Several parties may go to the 38. Aggrieved party to have remsame jury. edy. 16. Notice to be given to persons 39. Estates maybe surrendered. interested to become parties. 40. Betterments may be assessed 17. Jury to apportion the damages. on estates on any street receiv18. Verdict of jury conclusive on ing an advantage. all who have notice, &c. 41. Assessment for betterment of 19. Costs of parties, how taxed. real estate by altering streets, 20. Party having notice, neglecting &c., to be laid within two to appear, to be barred. years. 50* 594 STREETS. 42. Interest upon assessments, how 57. Owners to pave walk at their to be apportioned. own expense when ordered. 43. Buildings may be removed by No wood to be used. Surmunicipal authorities at ex- veyors of highways may build pense of owner. them if owners refuse, and 44. Aldermen, if Marginal Freight charge the expense to ownRailway company apply, may ers. widen streets. Shallbeunder 58. Canopies, platforms, and cellar chap. 174, acts of 1866. Con- doors not to extend into any pany shall pay one-half cost. street more than one-tenth 45. The laying out, &c., of high- part of the width of the street. way, void in certain cases. Cellar doors, how to be con46. Board of aldermen to mark structed; penalty. terminus and angles of ways; 59. Posts not to be set except at penalty for neglect. corners. Trees not to be 47. When location of way is uncer- planted without leave. Portain the aldermen may ascer- ticos, bow-windows, &c., not tain it, and fix the bounds. to extend more than one foot. 48. Ways not laid out by the Signs and goods not to be so authorities, not chargeable to hung as to extend more than the public. one foot from building; pen49. Board of aldermen to close such alty. ways, or caution the public. 60. Goods not to be placed in the 50. Abutters on ways laid out over street. Surveyors may cause private lands by owners; goods, &c., to be removed at owners to grade same and expense of owner. Boxes, build sidewalks. If owners barrels, &c., not to be placed neglect, the city may build in the street; penalty. and charge expense to own- 61. How fines shall be distributed. ers. Such action not to be 62. No merchandise, &c., shall be deemed an acceptance of said raised from any street, wharf, street. &c., into second story of any 51. Owners of lands on highways building, except at times and to fence the same on line of places,&c.,permittedbyboard street. of aldermen; penalty; proviso. 52. City may take land to protect 63. Board of aldermen are surveystreets or bridges. ors of highways. 53. Damages, how assessed. 64. Streets may be macadamized. 54. No street to be laid out less 65. Board of aldermen may name than thirty feet wide, except, private ways. &c. 66. Right of gas company to sink 55. Paving of streets and width of pipes, &c, under the considewalks, how regulated. trol of the board of alderWalk to be one-sixth of width men. of street; curb-stones and 67. Mayor and aldermen authorized gutters. Walks on squares, to lay out street in continu&c., to be regulated by board ation of Broad and Commerof aldermen. cial streets. 56. City council may regulate the 68. Continuation of Front street. width and height of side- 69. Compensation for land, &c. walks. May authorize the 70. Continuation of Clinton street. acceptance of sidewalks. 71. Continuation of Charles street. STREETS. 595 72. City authorized to construct 5. Superintendent to attend at his bridge over Roxbury creek; office; to keep records and to extend Albany street to make reports. said bridge; to lay out high- 6. His general duties under direcway eighty feet wide in con- tion of the board of aldermen. tinuntion of Albany street. City not responsible for his 73. Streets on the Back Bay. doings, except, &c. 74. Streets and drainage on the 7. Superintendent to make bills Back B;ay. for debts due, and deliver 75 State commissioners to convey them to the treasurer. How Berkeley street sixty feet to be collected. wide. 8. Pay-rolls, how made, audited, 76. Board of aldermen to lay and paid. out streets between certain 9. Streets not to be dug up, nor wharves. Compensation for ground removed without displacement of tide-water. license. Eastern avenue, with bridge 10. Streets dug up by license to be over Fort Point channel, to repaired. be public street. 11. Where drain or aqueduct, &c., 78. Mayor and aldermen authorized is opened, fence and light to to lay out and widen Oliver be put up. street. 12. Persons intending to occupy 79. Aldermen may reduce grade of street for building purposes estates on Fort Hill. May must obtain permits. Rubremove buildings. bish may be removed by 80. City to prevent nuisance oc- superintendent, if not done casioned by sewers discharg- by owner of building. ing into docks inclosed by 13. Coal and firewood in the streets, Atlantic avenue. regulations respecting. 81. May build pile bridge across 14. Playing at ball, throwing stones South bay. Draws to be pro- and snowballs prohibited. vided; subject to approval of 15. Shooting with bow and arrow harbor commissioners; au- prohibited. thority may be revoked. 16. Gambling tables, &c.. and gam82. Street across South bay to be bling prohibited in any street, constructed with solid filling, on the common, or public and pile bridge, squares. 83. Boston may maintain railroad 17. Coursing or coasting on sleds in for construction of street. the streets prohibited. 84. Damages to private property. 18. Bathing in waters surrounding -M. Manner of laying out streets in the city prohibited. Roxbury. 19. Street dirt or manure not to be taken from streets without license. ORDINANCE. 20. Buildings not to be placed on, 1. Streets to retain their names till or moved through, streets altered, &c. withoutlicense; penalty. 2. Superintendent to be chosen; 21. Goods not to be suspended over removal and vacancy. any street. 3. Superintendent to give nonds. 22. Awnings not to be maintained 4. Superintendent may appoint on buildings except under assistants. certain regulations. 596 STREETS. 23. Signs, lanterns, &c., notto pro- 38. Feeeding horses, &c., in streets ject into any street more than prohibited. one foot. Penalty, if not re- 39. Biding or driving faster than moved. six miles per hour forbidden. 24. Signs, lanterns, &c., the lowest 40. Horses, kine, or other animals, part less than nine feet above not to go at large. sidewalk, not to project more 41. Streets, lanes, courts, conlthan six inches. Penalty, if mons, public squares, &c., not removed. not to be watered without 25. Rigingg of bells and blowing of license. horns prohibited. 42. License to water streets not to 26. Stands for sale of goods, grind- run more than one year, &c. ing of cutlery, &c,, not permitted unless licensed.SIDEWALKS. 27. Porches, doors, windows, steps, &c., not to project into any 43. Surveyors of highways (board street. Penalty. of aldermen) to regulate the 28. Cratings, how constructed, and height and width of sideof what width. walks. May accept sidewalks. 29. Cellar doors, door-ways, and 44. After acceptance, to be mainsteps, not to be constructed or tained by the city. Proviso maintained without license concerning certain repairs. from board of aldermen. 45. City clerk to keep record of 30. Not to be left open unless pro- names of streets and accepttected, lighted, &c. ance of sidewalks. 31. Steps descending from the street 46. Carriages, handcarts, &c., forto be enclosed and lighted. bidden on sidewalks, except 32. Excavations, apertures, &c., in children's carriages. Horses streets not to be made with- not permitted on sidewalks, out license from aldermen. &c. Application for license, how 47. Sawing wood, &c., on sidewalks made. Terms and tenure of forbidden. license. 48. Persons not to obstruct side33. Inner face wall of grating to walks, &c., by standing in be eighteen inches from curb- groups. Penalty for so doing. stone 49. Lumber, bales, or other articles, 34. Coverings of coal-holes, excava- not to be placed on sidewalks. tions, and apertures, how to Penalties for so doing. Probe constructed; may be re- viso. moved if unsafe; and how. 50. Snow to be removed from side35. Coal-holes, apertures, and walks. Penalty for not regratings may be constructed moving. by leave of board of alder- 51. Sidewalks encumbered with ice men. to be made safe by occupant 36. Signs in sidewalks prohibited or owners. Penalty for neunless licensed. glect. 37. Safe passage to be provided 52. Snow or ice thrown into the around or over apertures by streets to be broken up and persons licensed. Persons spread. Penalty for neglect. licensed liable for injuries. 53. Meaning of the word "street" License to be exhibited to defined. police, &c. 54. Who liable for penalties. STREETS. 597 55. Acts forbidden to be done with- oil or any explosive substance out license may be licensed. stored under sidewalks; ex56. Rights and duties of surveyors cavations not to be ventilated of highways not limited by into any street. this ordinance. 5. All excavations to be filled up by 57. Penalties. owner after one week's notice. 6. When any coal-hole, vault, RULES AND REGULATIONS., &c., shall be unsafe, &c., the 1. The superintendent of streets board of aldermen may order * ay issue permits for excava- same to be removed, &c.; if tions, &c. How coal-holes, not removed by owner, the &c., shall be constructed, and city may remove it, and of what materials, &c. Depth charge expense to owner; exof coal-holes and vaults; cavations not to be left open, coverings; coal slides per- except, &c. nmitted, and how constructed. 7. Applications for permits, how 2. Owners, &c., responsible for any made; excavations not to be damage in consequence of used for any other purpose any defect in construction of, than that for which granted, or for being out of repair. except, &c.; applicants shall 3. Occupant liable for damages oc- agree to perform all the concasioned by aperture being ditions required. left insecure, &c. 8. The chief of police shall prosecute 4. No boiler, steam-shaft, furnace, all persons who disturb any &c., to be located for use, or sidewalk without a permit. STATUTES. AUTHORITY TO LAY OUT, WIDEN, OR DISCONTINUE STREETS. 1. Under a provision in the act of seventeen hundred and Laying out and ninety-nine, chapter thirty-one, the selectmen (whose powers widening streets. 1799, c. 31, ~ 3. were afterwards transferred to the board of aldermen, by the 121,c. 110,~13. 1854, c. 448, 33. revised city charter) were empowered, whenever, in their opinion, 44 ~ 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 Compen.sation or owners of such building should be entitled to receive compensation buildings 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 78, c. 7, repealed directing the method of laying out highways." That act provided by revised statIn n zn "'^'"~"'-'- -~'J -— n ~~~~~~~utes. for an estimation of such 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 new committee. By an additional, act, 18(14,. 73. passed March four, eighteen hundred and five, the selectmen were 598 STREETS. l804, c.73. in like manner 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 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 compensation for such recompense for the damages sustained, as the party interland taken, &c. ested 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 11 Mass. 447. ordered 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.1 iscontinuane o 2. By an act passed December thirteen, eighteen hundred 1816, c. o, ~1. and sixteen, the selectmen were, and in consequence by the 1821, c. 110, ~ 13. 1854, e. 44q, ~ 33. revised city charter, the board of aldermen are also empowered, 7 Cush. 24. 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 1804, c. 73. same, to be ascertained and allowed in the same manner as is provided in the preceding act. Previous rders, 3. All orders, votes, and determinations of the said selectmen &e., of selectmen confirmed. of the town of Boston, had and passed, previous to the act 1816,.90, 2 of eighteen hundred and sixteen, 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 seventeen hundred and ninety-nine, chapter thirty-one, had 1 The court of general sessions of the peace has since been abolished, and its general functions have been transferred to the superior court. (See stat. 1782, c. 14; 1803, c. 154; 1807, cc. 11, 57; 1809, c. 18; 1811, cc. 81, 93; 1813, c. 197; 1818, c. 120; 1819, c. 139; 1820, c. 79; 1821, cc. 51, 109; rev. stats. c. 82; stat. 1855, c. 449; 1859, c. 196; Gen. Stats. c. 114. The provisions for the recovery of damages have been modified by subsequent statutes, as stated in succeeding sections. See ~~ 5, 20, post, pp. 599, 602. STREETS. 599 explicitly vested said authority in the said selectmen; reserving isic, c. 90,~2. always to individuals recompense for damages sustained thereby, as is provided in the said act. 4. The selectmen were, and the board of aldermen are, required Record of streets. to keep a record of all the streets, lanes and alleys, and of all 81sC. 390, ~3. votes and proceedings relative to the same; and copies thereof, 1834, c. 448, ~33. certified by the clerk, shall be valid to all intents and purposes. 5. By the forty-third chapter of the General Statutes, the County commissioners authorized authority to lay out, alter, and discontinue highways, and to assess to lay out, ze., damages therefor, is given to the county commissioners; with the highways. G. S. 43. right to any party aggrieved to apply for a jury; and the method of proceeding is prescribed in detail. The special provisions of the General Statutes for ways in the county of Suffolk, are contained in the four sections next following: 1 6. The board of aldermen of the city of Boston shall, within Powers of board of aldermen of Bossaid city, have similar powers and perform like duties as are exer- tdon cised and performed by the commissioners of counties in rospect I G.S. 43, ~ 77. to the laying-out, altering, and discontinuing of ways, and order- 8Pick. 2~8. ing specific repairs thereon; and shall assess damages therefor, 15Pick. 198. 19 Pick. 174. and award indemnity for damages sustained by reason of such 20 Pick. 1.9. 23 Pick. 425. laying out, alteration, discontinuance, or order for specific repairs, 1 McI.22.t in like cases and in the same manner as commissioners are 2 Met. 220. 8,iet. 172. required to perform similar duties. 1 Gray, 203. 7. Applications for laying out, altering, or discontinuing a way Applications for - - zn laying out, &c., in said city, may be made, and notice given, and proceedings had ways, how made. thereon, in such manner, and under such regulations, as shall be Ibid. ~ 78 prescribed by any ordinance of the city for that purpose. 8. A party aggrieved by the doings of the board of aldermen Parties may apply,-,,. i *, 1 T'",. i n f jorj ury to superior in the cases mentioned in the preceding sections, may apply for a court. View to be jury by petition to the superior court, at any term thereof which granted. G. S. 43, ~ 79. shall be holden within one year after the passage of the order or 20 Pick. 201. proceeding upon which the application is founded, or if the appli- 8 Cah. 543 cation be for the assessment of damages or indemnity merely, 12 Gray, 209. then within one year after the final determination of any suit Allen, 254.38.3 Allen, 230, 538. wherein the legal effect of the proceedings of the board of alder- 99 Mass. 230. men is drawn in question; and thereupon said court shall, after due notice to the city, order a trial by jury to be had at the bar of the court in the same manner in which other civil causes are there tried by the jury, and if either party request it, the jury shall view the place in question. 1 Whether the authority of the board of aldermen to lay out and widen streets depends upon the Gen. Stats. c. 43, ~~ 77, 79, or upon stat. 1799, c. 31, ~ 3; stat. 1804, c. 73, and stat 1821, c. 110. ~ 13; stat. L854, c. 448, ~ 33 (city charter), qtcere. The practice has been to proceed upon the latter statutes. See 2 Met. 220; 8 Pick. 218; 16 Pick. 442, 504; 5 Cush. 1. 600 STREETS. Commnissioners of 9. The county commissioners in Middlesex shall have and Middlesex, powers of in Suffolk. exercise the same powers and duties in the city of Chelsea and in Warrant for jury, the towns of North Chelsea and Winthrop, in the county of Suffolk, to whom directed. Return of verdict, in relation to highways and other ways, as they have and exercise &c. in the several towns in the county of Middlesex, except so far as G. S. 43, ~ 80..may be otherwise provided in the charter of the city of Chelsea; and similar proceedings may be had for the assessment and award of damages and indemnity. But in case a jury is applied for or committee agreed upon in any matter relating to a way, the warrant therefor shall be directed to the sheriff or his deputy, or to a coroner, of the county of Suffolk, and the proceedings thereon shall be the same as are had upon such warrants in other counties. The verdict of such jury, as well as the report of such committee, shall be returned to the superior court. Special provisions 10. Whenever the board of aldermen of the city of Boston for laying out, &c., streets in Boston. shall adjudge that the public safety and convenience require that 182, c. 2 ~3.' any street, lane, or alley in the said city shall be laid out, altered, Charter, ~ 33. or discontinued, they shall make and record an estimate of the expense thereof, and if such estimate shall exceed the sum of five thousand dollars, or if such estimate, with the estimates of any previous alteration or discontinuance of any part of such street, lane, or alley during the municipal year, shall exceed the sum of five thousand dollars, the order for such laying out, alteration, or discontinuance, together with an estimate of the expense thereof, shall be sent to the common council for its concurrence or rejection; and such order shall not take effect, or be in force, until the common council shall concur therein. Damages to be esti- 11. If damage shall be sustained by any persons in their mated but not paid until, &c. property by the laying out, altering, or discontinuing a highway, Indemnity. the commissioners shall estimate the amount, and in their return G. S. 43, ~ 14. 22 Pick. 263. state the share of each separately, but they shall not order such 2 Met. 5. cl damages to be paid, nor shall a person claiming damlage have a 10 Met. 465. 12 Met. 123. right to demand the same, until the land over which the highway 3 Cush. 81. S Cush. 360. or alteration is located, has been entered upon and possession 3 Gray, 372. taken for the purpose of constructing it. But when a person so 2 Greenl. 179. claiming damages has been put to trouble and expense by the proceedings, the commissioners shall allow him full indemnity therefor, instead of the damages awarded, although no entry is made upon his land.1 Damages, how es- 12. In estimating the damage sustained by laying out, locatti,,iated. Set onf' illug anew, altering, or discontinuing, a highway, or by an order (;. S. 43,~ 16. for specific repairs, regard shall be had to all the damages done 2 Mass. 267. r o o Mass. 481. to the party, whether by taking his property or injuring it in any 1 See Drury vs. City of Boston, S. J. 0. 1869, not yet reported. STREETS. 601 manner; and there shall be allowed, by way of set-off, the benefit, G.. 43, ~ 16. if any, to the property of the party by reason thereof. 13. When persons having a claim for damages sustained in When claimants have different intheir property by the laying out, alteration, or discontinuance, terests entire damof a highway, have different or separate interests in the property, ges or indemnity to be paid to a trusso that an estate for life, or for a term of years in the same belongs tee. to one person, and the remainder or reversion in fee belongs to Ibid.~17. another, entire damages, or an entire sum as indemnity, shall be assessed in the same manner as is provided in other cases, without any apportionment thereof; and the amount of such damages or indemnity shall be paid over to, or be recoverable by, any person whom the parties owning the several interests may appoint, to be invested by him, when paid over or recovered, in bond, mortgage, or other good securities, and held in trust for the benefit of the parties according to their several interests; the annual income to be paid over to the person in whom was the estate for life or term of years, for the period such estate might have continued, and the remainder, after the termination of such estate, to be paid over absolutely to the person that was entitled to the reversion in fee, or to his heirs or devisees.1 14. If any of the persons having an interest in such property Trustee in certain shall, by reason of legal disability, be incapacitated from choosing rases to be ap a trustee, or if the parties in interest cannot agree upon a choice, of probate, &c. Ibid. ~ 18 the probate court of the county in which the property is situated upon application, shall appoint some suitable person as trustee. Said trustee shall, before entering upon the duties of his trust, give a bond to the judge of probate and insolvency, with sufficient surety or sureties, in such penal sum as the judge directs, conditioned for the faithful performance of his duties as trustee under the provisions of this and the preceding section; which bond, upon breach of its condition, may be put in suit by order of the probate court for the use and benefit of the persons interested in the trust property, in like manner as is provided in case of bonds given by executors or administrators. 15. When there shall be several parties, having several Several parties estates at the same time, in land or buildins, other than, and dif- may go to the ~~7 k__~' /' Bsame jury. ferent from, the estates and interests for which provision is made Ibid. ~53. in section thirteen, and the land or buildings are taken or otherwise 3 Cesh. 3s. damaged, in whole or in part, by the laying out, locating anew, 7Cush. 533. 10 Cush. 385. altering, or discontinuing, of a highway, or making specific repairs thereon, and one of such parties, by petition, as provided in this chapter, applies for a jury to ascertain his damages in the * 5 Met. 372; 4 Gush. 291; 2 Gray, 467; 4 Gray, 537; 11 Gray, 26, 413, 415; 13 Gray, 546; 14 Gray, 155, 214; 3 Allen, 133; 7 Allen, 313; 98 Mass. 312. 1 See Bell vs. City of Boston, S. J. C.. 1869, not yet reported. 51 602 STREETS. G. S. 43, ~53. premises, all the other parties so interested may become parties to the proceedings under such petition, and the damages of all of them may be determined by the same jury, in the manner provided in the five following sections. Notice to persons 16. Upon such application of a party thus interested, the interested to become parties. commissioners shall order the petitioner to give notice thereof to ibid. ~54. all the other parties interested, by serving each of them, fourteen days at least before their next regular meeting, with an attested copy of such petition and the order thereon, that the other parties may, if they see cause, appear at the next meeting and become parties to the proceedings under the petition; and at the next meeting a jury shall be ordered, as before provided in this chapter, who shall, under the direction of the person presiding at the trial, proceed to hear all the persons who have become parties to the proceedings. Verdict to appor- 17. If, on such hearing, the j ury find any of the parties entitled tion damages. to damages, they shall assess the same in the following manner, to ibid. ~ 55. wit: they shall first find and set forth in their verdict the total amount of the damages sustained by the owners of such land and buildings, estimating the same as an entire estate, and as if the same were the sole property of one owner in fee-simple; and they shall then apportion the total amount of damages among the several parties whom they find to be entitled, in proportion to their several interests and claims, and to the damages sustained by them respectively, and set forth such apportionment in their verdict; and if they find any one or more of said parties not to have sustained damage, they shall set forth in their verdict that they award no damages to such party. Verdict is concl- 18. The verdict, if accepted, shall be conclusive upon all have notice, c parties interested who shall either have had notice as aforesaid, Ibid. ~ 5. or by consent have become parties to the proceedings. Costs of parties, 19. Each party recovering damages shall recover his several bow taxed. costs; and each party not recovering damages shall be liable for costs to the town or other corporation of which he shall have claimed damages, in like manner as if the proceedings were had under his several petition; but if a party shall, fourteen days before the trial, give notice in writing to the town or other corporation that may be liable for damages, that he relinquishes all claim for damages, and shall also, before the trial, file in the case a relinquishment of such claim, he shall not be liable for costs in the case. Party neglecting 20. If a person, having notice as aforesaid, neglects to appear to appear, to be nd come ae party to the proceedings in court, he shall be forbarred. Ibid. ~ 8. ever barred from making an application for damages. Ways and bridges 21. Highways, townways, streets, causeways, and bridges, to be repaired at expense of town. shall be kept in repair at the expense of the town, city, or place in G. S. 44, ~. which they are situated, when other provision is not made STREETS. 603 therefor, so that the same may be safe and convenient for G.s.44,~i.* travellers with their horses, teams, and carriages, at all seasons of the year. 22. When an owner of land, adjoining a highway or townway, Towns to pay damsustains damage in his property by reason of any raising, lowering, ges occasioned by. Z!) -- I repairs. or other act done for the purpose of repairing such way, h.e shall G. s. 44,~ 19. 1 Pick. 418. have compensation therefor, to be determined by the selectmen or 2 Met. 599. mayor and aldermen, with whom he shall file his petition therefor s Met.l 79. 8 Cush. 69. after the commencement, and within one year from the cor- 10Cush.411. pletion of the work; and who shall finally adjudicate upon the 5 Gray, 372. 1 Allen, 155. question of damages within thirty days after the filing of the petition therefor, unless the parties agree in writing to extend the time. The benefit, if any, which the complainant may receive by reason of such alteration or repair, shall be allowed by way of set off. 23. If the petitioner is aggrieved, either by the estimate of his Petitioner agdamages, or by a refusal or neglect to estimate the same, he may, grieve apply fbr jury, &c. within one year from the expiration of said thirty days, apply for G. S. 44, ~ 20. 14 Gray, 216, 218. a jury, and have his damages ascertained in the manner provided where land is taken in laying out highways. Or he may, by agreement with the adverse party, and upon application made within the same time, have them ascertained by a committee to be appointed in the city of Boston by the superior court, and elsewhere by the county commissioners in their respective jurisdictions. 24. If the life of a person is lost by reason of a defect or want If life is lost through defect, &c., of repair of a highway, townway, causeway, or.bridge, or for want exeei or may re - of suitable rails on such way or bridge, the county, town or cover $1000. G. S. 44, 5 21. person, by law obliged to repair the same, shall be liable to a fine of one thousand dollars, to be recovered by indictment to the use of the executor or administrator of the deceased person, for the benefit of his heirs, devisees, or creditors; provided, that the county, town, or person, had previous reasonable notice of the defect or want of repair of such way or bridge. 25. If a person receives or suffers bodily injury, or damage in Damages for defect his property, through a defect or want of repair, or of sufficient Ibi. a~22 railing in or upon a highway, townway, causeway, or bridge, he may recover, in an action of tort, of the county, town, place, or persons by law obliged to repair the same, the amount of damage * 11 Gray, 353; 13 Gray, 61, 344, 603; 1 Allen, 183; 6 Allen, 449; 8 Allen, 51, 237, 247; 13 Allen, 291. t 19 Pick. 147; 8 Met. 388; 13 Met. 292, 297; 1 Cush. 443, 451; 2 Cush. 600; 4 Cush. 247,310; 6 Cusn. 141; 7 Cush. 490; 8 Cush. 522; 11 Cush. 563; 12 Cush. 488; 4 Gray, 178, 395;5 Gray, 61; 7 Gray, 100, 104, 421,544; 11 Gray, 154;13 Gray, 61, 344; 14 Gray, 242; 15 Gray, 577; 1 Allen, 182, 30; 2 Allen, 552; 3 Allen, 402, 407; 4 Allen, 113, 557; 5 Allen, 98; 8 Allen, 136, 137, 237, 246, 522, 560, 564; 10 Allen, 25, 147; 11 Allen, 318; 12 Allen, 566, 572, note; 13 Allen, 186, 190, 429; 14 Allen, 290, 475, 508; 97 Mass. 258, 268, 273; 98 Mass. 80, 578. 604 STREETS. G. S.44,~22. sustained thereby, if such county, town, place, or persons had reasonable notice of the defect, want of repair, or of sufficient railing, or if the same had existed for the space of twenty-four hours, previous to the occurrence of the injury or damage. But no such damage shall be recovered by a person whose carriage and load thereon exceed the weight of six tons. Party liable may 26. If, before tile entry of an action provided for in the tender, &. preceding section, the defendant tenders to the plaintiff the amount Ibid. ~23. 7 cush. 581. which he would be entitled to recover, together with all legal costs, 4 Allen, 560. 5 Allen, 99. and the plaintiff does not accept the same, and does not recover upon the trial more than the sum so tendered, the defendant shall recover his costs. Penalty on towns 27. If a town neglects to repair any of the ways or bridges for neglect, &c. which it is by law obliged to keep in repair, or neglects to make Ibid. ~ 24. 13 Pick. 343. the same safe and convenient when encumbered with snow, such town shall pay such fine as the court in its discretion may order. Fines imposed ap- 28. Except in cases where it is otherwise specially provided, paroritced fr re. fines imposed on a town for deficiencies in the ways and bridges Ibid. ~ 25. within the same, shall be appropriated to the repairing of such ways and bridges; and the court imposing such fine shall appoint one or more personsto superintend the collection and application of the same, who shall make a return of their doings therein to the court. Location, when not 29. If, on the trial of an indictment or action, brought to to be denied recover damages for an injury received by reason of a deficiency Ibid. ~26. 96 5 Greenl. 368. or want of repair in a highway, townway, causeway, or bridge, 2 Pick. 31. 2 Pick. 40. it appears that the county, town, or person, against whom such 18 Pick. 312. suit is brought, has, at any time within six years before such 4 Cush. 332. 5 Gray, 73, injury, made repairs on such way or bridge, such county, town, or 7 Gray, 343345 person, shall not deny the location thereof. 6 Allen, 455 ay lay out land 30. The mayor and aldermen of cities, and the selectmen forgravel andlay of towns, may select and lay out any lots of land within their pits, to be us-d in 7 repairing streets. respective limits, not appropriated to public uses, nor owned by 1869, c. 237, ~. any other city or town, as gravel and clay pits, from which earth May lay out ways and gravel necessary to be used in the construction, repair or for access to pits. improvement of the streets or ways which such city or town may by law be bound to construct or keep in repair, may be taken, together with such ways as they may deem to be necessary Same proceedings for convenient access thereto. All proceedings in relation to the as in laying out hinlhways.g a taking and laying out of such land, shall be the same as are now highways. provided by law in the cases of laying out streets and townExtent of excava- ways respectively; and the report of such laying out shall specify tionpermitted obe the extent and depth of excavation to be permitted upon such land, and the time, not exceeding ten years next after such laying out, during which such land or way shall be held and used for the purposes aforesaid. Damages, how to 31. Any person aggrieved in the assessment of his damages STREETS. 605 by the board of mayor and aldermen, or selectmen, for land taken be determined. under this act, may have the matter of his complaint determined 169, c. 237, ~ 2 by a jury, in the same manner as is now provided by law in cases of highways, which jury shall be applied for within one year after such assessment. 32. Any land taken by virtue of this act, shall be held and Land taken to be used by such cities or towns for no other purposes than those used only for pur poses specificd, and herein specified, and shall revert to the owner, his heirs and to revert to owner at expiration ou ths assigns, upon the expiration of the time limited; and the owner t ite limited. may, during such time, enclose, occupy and use such land, in any Ibid. ~3. manner not inconsistent with the use of the same by such city or town for the purposes aforesaid. 33. The board of aldermen of the city of Boston shall con- Boardof aldermen tinue to have full power and authority to lay out, widen, discon- may lay out, widen and grade tinue, change the grade of, or otherwise alter, any street within streets. said city; and for these purposes may take any land, and may 2 A11e, 23. remove the whole or part of any building, which, in their judgment, it may be necessary to take and remove; and may assess upon the estates abutting on any street which may be laid out, such portion of the expense of such laying out, widening, discontinuance, change of grade, or other alteration, including all damages sustained by any person or persons thereby, as is hereinafter provided: and their determination so to do shall be adjudicated in the same manner, and upon like notice to parties interested, as is provided by law in other cases of laying out, widening, discontinuance, change of grade, or other alteration of streets. 34. In making an estimate of the expense for said purposes, Expense, howesfor which an assessment as herein provided is to be laid, all tiated.4 damages sustained by any person or persons shall be estimated, including damages for land and buildings taken, and including the value of the whole of the buildings on the land, any part of which shall be so taken, deducting therefrom, however, the value of the materials to be removed, and of the buildings or parts of buildings, if any, which will remain standing; and, in estimating the value of the land cut off for said purposes, the land so cut off shall be estimated at its value before the laying out, widening, discontinuance, change of grade, or other alteration; and such estimate shall not include the increased value occasioned merely by such laying out, widening, discontinuance, change of grade, or other alteration. 35. The damages estimated according to the preceding section Damages, how paid. shall be paid to the persons entitled thereto, in the same manner Ibid.~3. and upon the same conditions as is provided by law in other cases of laying out, widening, discontinuance, change of grade, or other alteration of streets. 51* 606 STREETS. Removal of build- 36. Buildings and materials remaining upon the land under ings and materials. 1866, c. 174, ~ 4 the acjudication provided in section two, shall be taken care of by the owner thereof; and if such owner, after due notice by said board of aldermen, neglects or fails so to do, said board of aldermen may take such care of the same as the public safety demands, at the expense of the owner; and, if they shall adjudge a removal thereof to be necessary for the public security or necessity, they may remove the same at the expense of the owner, or they may sell the same, after five days' notice, at public auction, and hold the net proceeds of such sale for the benefit of the owner. Assessments to 37. All assessments made under this act1 shall constitute a constitute a lien. Ibid. ~6. lien upon the real estate so assessed, to be enforced in the same manner, with like charges for costs and interest, as is provided by law for tle collection of taxes. And if tile owner of any estate so assessed desires to have the amount of said assessment apportioned, he shall give notice thereof in writing to the board of aldermen, at any time before a demand is made upon him for the payment thereof; and said board shall thereupon apportion the said amount into three equal parts, which apportionment shall be certified to the assessors, and the said assessors shall add one of said equal parts to the annual tax of said estate each year for the three years next ensuing. Aggrieved party to 38. Any party aggrieved by the doings of the board of alderhave remedy. Ibid. ~7. men, under this act,1 shall have the like remedy by petition for a jury or otherwise, and with the same limitations as to the time of bringing such petition, as in other cases of laying out, wide ning, discontinuance, change of grade, or other alteration of streets in the county of Suffolk. And any person aggrieved by the estimate made by the board of aldermen, under the eighth section of this act, may have the same assessed by a jury in the same manner as damages for the taking of land for streets and highways may be assessed. Estates maybe sur- 39. Any person owning any estate abutting on any street TIbndeed. which may be laid out, widened, discontinued, graded or altered, Ibid. ~8. w d or and liable to assessment under this act,1 may, at any time before the estimate of damages is made under the second section of this act, give notice in writing to said board of aldermen that he objects to such assessment, and elects to surrender his said estate to the city of Boston, and if said board of aldermen shall then adjudge that public convenience and necessity require the taking of such estate, that such improvements may be made, they shall have full authority, and may take the whole of the abutting estate 1 An act concerning the laying out, altering, widening, and improving the streets of Boston, passed April 23, 1866. STREETS. 607 of such person so objecting, and shall thereupon estimate the lSC, c. 174, ~ 8. value thereof, with all the improvements thereon, excluding the benefit or advantage which has accrued from the said laying out, widening, discontinuance, change of grade, or other alteration; and the said owner shall convey the same to the said city, and the said city shall pay him therefor the value so estimated. Said city may sell all the building materials and buildings, and the remaining portion of said estate not used in said widening, grading and improvements, and apply the net proceeds thereof towards the estimated value paid as aforesaid. 40. Wherever any street in the city of Boston shall be laid Estatesonany out, widened, extended, discontinued, graded or altered, and in street receiving advantage may be the opinion of the board of aldermen of said city, any real estate, assessed. 1868, c. 276, ~ 1. including any, a part of which may have been taken for such purpose, shall receive any benefit and advantage therefrom, beyond that general advantage which all real property in the said city may receive therefrom, the said board may adjudge and determine the value of such benefit and advantage to any such estate, and may assess upon the same a proportional share of the expense of such laying out, widening, discontinuance, grading or alteration, including damages paid under the second section of the act of which this is in amendment; provided, that the entire amount assessed for such benefit or advantage upon all the estates shall not exceed in amount one-half the amount of such adjudged benefit and'advantage, but in no case shall such assessment exceed the amount to be paid by the said city for such laying out, widening, discontinuance, grading or alteration. 41. Whenever any real estate shall receive any benefit or Assessme ntforbetadvantage by the laying out, widening, extending, discontinuing, termentfreal es-rrrn.~~~~~~~~~~~jno. ~ ~z ~trate by altering grading or altering of any street or highway, and be liable street, &c., to be laid within two to assessment on account of the benefit or advantage so received, yer.... such assessment shall be laid within two years after the passage 186,c. 367,~1. of the order for the laying out, widening, extending, discontinuing, grading or altering, and not afterwards. 42. Whenever any assessment upon real estate for benefit or Interest upon asadvantage received by any of the causes mentioned in the preced- Besnsients, how to be apportioned. ing section, shall be apportioned into three equal parts, and one of Ibid. ~ 2. said parts added to the annual tax of said estate each year for three consecutive years, interest shall be added to each of said parts, from the time of making the apportionment to the time such part will become payable; and all assessments laid upon real estate, for any of the causes mentioned in this act, which shall 1 An act concerning the laying out, altering, widening, and improving the streets of Boston, passed April 23, 1866, ~ 34 in the text. 608 STREETS. 1869, c. 367, ~2. remain unpaid after the same becomes due or payable, shall draw interest from the time.when the same became due or payable until the time of the payment thereof. Buildings may be 43. When any land taken for the laying out, widening or remoaed by muni- extending of any street or highway, is covered in whole or in part cipal authorities at expense of owner. by a building or buildings, and such building or buildings may be Ibid. ~ 3. Ibid. ~ removed upon other adjoining land of the same owner, the mayor and aldermen of any city, and the selectmen of any town, may, if they deem it expedient, make such removal, if the owner of said building or buildings shall neglect to remove the same, after reasonable notice so to do; and the expenses of said removal, incurred by the mayor and aldermen, or selectmen, or the value thereof to the said owner, shall be allowed in reduction of the damages which the said owner is entitled to recover. Aldermen, if Mar- 44. The board of aldermen of the city of Boston may, upon the ginat Freigat Railway Co aregpplyal application of the Marginal Freight Railway Company, straighten may widen streets. the streets through which said railway is authorized to pass, and 1867, c. 170, ~ 9. widen said streets so that they shall not be less than fifty feet in Shall be under ch. width between the curbstones; and said straightening and widen174, acts of 1866. n ing shall be made in accordance with the provisions of chapter one hundred and seventy-four, of the acts of the year eighteen Company shall pay hundre d and sixty-six; and said Marginal Freight Railway Comone-half cost.J pany shall pay said city one-half of the net cost to said city of such straightening and widening. Laying ut, &c., of 45. Tlie laying out or alteration of any highway, townway, way to be void as against owner of or private way, shall be void as against the owner of any land land, unless, &c. over which the same shall be located, unless possession shall be 1869, c. 303, ~ 1. 98 Mass. 481. taken of such land for the purpose of constructing such highway, townway or private way, within two years from the time when the right to take possession for such purpose first accrues by law; p2iovided, however, that an entry for the purpose of constructing any part of the laying out or alterations in such way shall, for the purposes of this act, be deemed a taking of possession of all the lands included in the laying out or alterations made upon the same petition.l Board of aldermen 46. The county commissioners, mayor and aldermen, and to mark teriniay selectmen, shall cause permanent stone bounds, not less than three and angles of ways. Penalty for feet long, two feet of which at least shall be inserted in the earth, neglect. a e i G. s. 4, ~ 88. to be erected at the termini and angles of all roads laid out by 7 Cush. 394. them. when practicable; and when not so, a heap of stones, a 7 Gray, 465. living tree, a permanent rock, or the corner of an edifice, may be a substitute for such stones; or said bounds may be permanent stone bounds, not less than three feet long, with holes drilled 1 See Drury vs. City of Boston, S. J. C., 1869, not yet reported. STREETS. 609 therein, and filled with lead, placed a few inches below the trav- G. S. 43, ~ 88 elled part of the street or way, as the officer whose duty it is to cause the same to be erected may determine. And if they neglect to establish such monuments after being notified so to do by an owner of land through which any such way is laid out (since the twenty-fifth of April, eighteen hundred and forty-eight), the county, if it be a county road, and the city or town, if it be a city or town road, shall pay to the owner of the land the sum of fifty dollars for each month that such neglect continues, to be recovered in an action of tort. 47. When ten or more freeholders represent to the mayor and If location of street aldermen of a city, or selectmen of a town, that the exact location is uncertain, board J, I of aldermen to asof a street, road, or way, over which they have jurisdiction, cannot certain, &c. readily be ascertained, they shall make investigation thereof, and ISbidsT. 4~' See, also, G. S. 43, if it appears that the representation is correct, shall, after giving ~74. 4 Allen, 488. the notice required in laying out a similar road or way, proceed to ascertain the correct location, erect the necessary bounds, and file a certificate thereof, for record. Ways not charge48. No way opened and dedicated to the public use, which has able unless, &c. not become a public way, shall be chargeable upon a city or town G. S. 43 ~ 82. n V r 1 N L3 J V ~ 4 Cush. 332. as a highway or townway, unless the same is laid out and estab- 5 Gray, 73. 7 Gray, 343. lished by such city or town in the manner prescribed by the 12 Gray, 413. statutes of the commonwealth. 1 Allen, 153,154. 12 Allen, 404. 49. The mayor and aldermen and selectmen shall, whenever Board of l.derme the public safety demands it, direct and cause the entrances of to close such ways or caution the pubsuch ways entering on and uniting with an existing public high- lie, &c. way, to be closed up; or may by other sufficient means caution G- S. 43, ~ 83. the public against entering upon such ways; and if any such way shall not be closed, or sufficient notice given that the same is dangerous, the city or town shall be liable for damages arising from defects therein in the same manner as if it had been duly laid out and established. 50. When any street or way, which now is, or hereafter shall Abutters on ways be, opened in the city of Boston, over any private land, by the laid out over pivate land, by the owners thereof, and dedicated to, or permitted to be used by, the owners, to grade public, before such street shall have been accepted and laid out strteet sdeal.ks. according to law, it shall be the duty of the owners of the lots 1845, c. 23, ~ 1. 1849), c. 133. abutting thereon, to grade such street or way, and to construct charter,~ 33. 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 board of aldermen of said city, require; and if the owners of such abutting lots shall, after reasonable notice given by the said board of aldermen, neglect or refuse to grade such street or way, or to construct said sidewalks in such street or way, in manner aforesaid, it shall be lawful for 610 STREETS. 1845, c.236,~1. the said mayor and aldermen to cause the same to be graded and constructed 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 board of aldermen, in such proportions as they shall adjudge 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, or constructing of sidewalks in any street or way, by the board of aldermen as aforesaid, shall not be construed to be an acceptance of such street or way by the city of Boston.1 Lands abutting on 51. Whenever the owner of a lot abutting upon any street or highway to be fenced. way in any city of this commonwealth shall dedicate to, or per186, c. 241, ~. mit to be used by the public, a portion of his land lying between said street or way and the range of the buildings fronting on the same, it shall be the duty of such abutter. to keep every part of the land so dedicated, or so permitted to be used, in such condition as the safety and convenience of the public shall, in the opinion of the board of aldermen, require; and if the owner of any such abutting lot shall, after reasonable notice, given by the board of aldermen or mayor, neglect or refuse to put that portion of his land so dedicated to, or permitted to be used by the public, into the condition aforesaid, by executing the specific repairs or improvements required by the board of aldermen, or to close the same from public use by a substantial railing or guard, it shall be lawful for said board of aldermen to put said land into the condition which, in their opinion, the public convenience and safety require, and to assess the expense thereof upon the owner; and all assessments so made shall be a lien upon such abutting lots in the same manner as taxes are a lien upon real estate. City may take land 52. Whenever, in the opinion of the mayor and aldermen of a to protect public ways or bridges. city, or the selectmen of a town, it is necessary to enter upon, use 1868. c. 264, ~ 1. or take any land for the purpose of securing or protecting any public way or bridge, it shall be lawful for them to enter upon, use or take the same. Damages therefor. 53. All clamages sustained thereby shall be recovered in the Ibid. ~ 2. manner provided fcr the assessment and award of damages 1 The acts of 1845, c. 236, and 1849, c. 133, were to take effect within thirty days of their passage, unless the city council should within that time vote not to accept the same. No such vote appears to have been passed. But the whole provision is unconstitutional. Morse vs. Stocker, 1 Allen, 150. City Solicitor's opinion, September 24, 1866. STREETS. 611 occasioned by the laying out, altering or discontinuance of town- 1868, c. 264, ~ 2. ways. 54. No street or way shall hereafter be opened as aforesaid in No streetto be opened less than said city, of a less width than thirty feet, except with the consent thirty feet wide, of said board of aldermen, in writing, first had and obtained for except, &c. 18s5, c. 236, ~2. that purpose. 55. By the act of seventeen hundred and ninety-nine, chapter Paving of streets and sidewalks. thirty-one, section one, it was provided that all streets in Boston,^9d. 31, ~s should be paved agreeably to the following regulations, viz: The footpath or walk on each side of every street, shall be of the breadth of one-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 outside thereof; and the middle or remaining four-sixths of every street, shall remain, as a passageway for carriages of burden or pleasure; and shall 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 footwalk shall be laid out as nearly in a straight line as the street will admit of; and in all squares, and other squares, &c. large open spaces, and in all streets, the breadth of which shall not conform to this law, the breadth, of the footwalk, and the ascent and descent, and the crowning of the pavement in every street, shall be regulated by the surveyors of highways. 56. The provisions of the preceding section were essentially Regulation of modified by the act of eighteen hundred and thirty-three, chap- width and height zn ~"" ~ "J'^" --'^'' of sidewalks, and ter one hundred and twenty-eight, which provides, that the and acceptance thereof. city council of the city of Boston may, from time to time, by any 1833, c. 128. ordinance or ordinances, empower the surveyors of highways of 5 Cush. 1. 6 Gush. 524. said city so as 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 57. Where the cartway in any public street shall be ordered Owner to pave the to be paved, every owner of the lot or lots of ground upon said eipevalkthiso8 street shall, without delay, at his own cost, cause the footway in 1 See the ordinance of the city in relation to streets, ~ 43, post. 612 STREETS. 1799, c. 31, ~ 2. front of his ground to be paved with bricks or flat stones, and Matrialrer. kept in repair; and in paving or repairing the pavement of any 1809, c. 28, ~1. r street, no person shall place timber or wood in front of his or her house or lot, to support the footwalk, but the same shall be supported with hammered or cut stone; the same to be done under the direction of, and to the approbation of, the surveyors of highways; and if the owner or owners of such lots shall neglect to pave with brick 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 cases Individuals may where applications may be made for new paving of streets, any object to paving, 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 consideration 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. 58. No canopy, balcony, platform, or cellar door, or step canopy, balcony, in any street, lane, or alley in the city of Boston, shall project platform, and cellar doors. into such street, more than one-tenth part of the width of the Ibid, ~4.. 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 proprietor or owner of any such canopy, balcony, platform, or cellar door, or steps, shall refuse Penalty. 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. 59. No post shall be erected or set in any of the streets of the Posts,. said city of Boston, except at the corners or intersection of two Ibid. ~ 5. 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 tree 1in any street Trees. of the said city of Boston, without leave first obtained from the 1 See "Trees," post. STREETS. 613 surveyors of highways, who shall have power to remove the 1809, c. 28, 1. same; 1 and no person shall in future make, erect, or have any portico or porch, any bow-window, or other window, which shall Porticos, porches, and bow-windows. project into the streets of the said city of Boston more than one foot beyond the front of his or her house; or hang any sign, or any goods, wares, or merchandise, which shall project into the Projecting signs. street more than one foot beyond the front of his or her house or lot; and if any person shall hereafter offend against this provision, every person so offending shall forfeit and pay tie sum Penalty. 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. 60. If any person or persons shall continue to place in the Placing goods in street, contrary to the meaning of this act,2 any goods, wares, or Ibe ~et6. merchandise, 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 merchandise, and to keep them in safe custody; and the proprietor or owner of such goods, wares, and merchandise 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 reasona- Boxes, barrels, &c. ble compensation for the time so employed in their removal, as well as the fine aforesaid; and if any person shall place or pile any empty boxes, barrels, hogsheads, or other conveniency capable of containing goods or merchandise, or that may have contained goods or merchandise, in any part of the streets of the Penalty. said city of Boston, more than five minutes after notice given to 1852, c. 312, ~ 1. remove the same, such person 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.3 61. All the forfeitures and fines which may be recovered How fines shall be distributed. in pursuance of the five preceding sections, shall go and be e79~.n,~. distributed, one moiety thereof to the poor of the'city of Boston, and the other moiety to the surveyors of highways.4 1 A portion of this section, in relation to carriages and wheelbarrows was repealed by statute, 1847, c. 224, ~ 3. 2 The act of 1799, c. 31, is referred to. Its provisions are given in ~~ 27, 32, inclusive of the text. 3 Under Gen. Stats. c. 116, ~ 41, and stat. 1866, c. 279, ~ 1, the municipal court of the city of Boston has the same jurisdiction as justices of the peace in all civil actions and proceedings. 4 The seventh section of stat. 1799, c. 31, was repealed by stat. 1847, c. 224, ~ 3. 52 614 STREETS. Articles shall not 62. No person shall raise up from any street, wharf, or be raised for the purposesofstorage, place of public resort, within the city of Boston, for the purpose from any street, of storing the same, any cask, bale of goods, or other articles &c., into second story, &c., except, of merchandise, into the second or any higher story of any &c.' house, store, or other building, upon or adjoining the same, 1816, c. 90, ~ 4. 1821, c. n10,~~, s. 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 merchandise, 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 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 superior court, 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 merchandise or other article in case of danger by fire, or other inevitable casualty. Slrveyors of high- 63. The board of aldermen shall be surveyors of highways for ways. Charter, ~ 41. said city.1 Strleets may be 64. The surveyors of highways of the city of Boston, whenever macadamized, and salme provisions they shall judge it expedient, may order any street of said city to sha apply7. be macadamized; and the several provisions of an act entitled, 1831, c. 17. "An act to regulate the paving of streets in the town of Boston, and for removing obstructions in the same," passed on the twentysecond 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. Board of aldermen 65. The board of aldermen of the city of Boston may, from may name private ways. time to time, designate the name by which any street, place, court, 1868, c. 199, ~. or other way, shall be known or called, which now is, or hereafter 1 For general provisions respecting surveyors of highways, see Gen. Stats. c. 18, ~~ 74, 76; cc. 44, 45. STREETS. 615 shall be opened in said city over any private land, by the owners 8cs, c. 199, ~1. thereof, and dedicated to, or permitted to be used by the public; and any person who shall, by the erection of signs, or by other means, undertake to make any such street, place, court or way publicly known by any name not so designated by said board of aldermen, shall forfeit a sum not exceeding one hundred dollars for each offence. 66. The Boston Gas Light Company, with the consent of the Rights of gas commayor and aldermen, shall have power and authority to open the Pacfnyutesinkpipe &c., under the ground in any part of the streets, lanes, and highways in the city control of the n.... board of aldermen. for the purpose of sinking and repairing such pipes and conductors 1822, c. 41, ~ 3. as it may be necessary to sink for the purpose expressed in the act incorporating said company. And the said corporation, after opening g t he rounid i 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.1 67. By an act passed March twenty-six, eighteen hundred Mayor and alderand thirty-three, the mayor and aldermen of the city of Boston len authorize to were authorized to lay out a new street, in continuation of Broad continatios of street, beginning at or near the then easterly end of said Broad eBraci antreets. street, and thence running partly over the margin of Fort Hill, 1833, c. 18, ~ 1. and over other land near the harbor of Boston, to a point at or near the place 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. 68. By an act passed March eleven, eighteen hundred and In continuation of thirty-four, the mayor and aldermen of the city of Boston were Font street. authorized to lay out a new street, in continuation of Front Gray, 203. street,2 beginning at or near the southerly end of said Front street, and thence running in a southwesterly direction over the tide waters to Northampton street. And said street was 1 Similar privileges were granted to the Roxbury Gas Light Co., 1852, c. 189; the East Boston Gas Light Co., 1853, c. 13, and to the South Boston Gas Light Co., 1852, c. 103, with authority to lay pipes in Dorchester, 1853, c. 320. 2 Now called Harrison avenue. 616 STREETS. 1834, c. 65, ~ 1. 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 for 69. It -was provided by the said acts, that the owner or 18, 185, 2. owners of any building, wharf, or other erection, which might 1834, c. 65, ~2. 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. In continuation of 70. By an act passed April twenty-eight, eighteen hundred Clinton street. 1854, T. 408, ~1. and fifty-four, the mayor and aldermen of the city of Boston were authorized and empowered to lay out a highway, in continuation of Clinton street, in said city, not exceeding sixty feet wide, and extending from the easterly line of Commercial street, easterly, not exceeding two hundred and forty feet, and from some point on the said continuation, extending northeasterly, not exceeding sixty-six feet wide, and nearly parallel with said Commercial street, to Eastern Packet pier, and from some point on the said continuation of Clinton street, extending southwesterly, not exceeding forty feet in width, to City wharf so called; provided, that the assent of the proprietors of the. flats over which the said highway shall pass, shall be first obtained. In continuation of 71. By an act passed March twenty-six, eighteen hundred Charles street and fifty-five, the proper authorities of the city of Boston were 1855, c 86. empowered to lay out and construct a highway in continuation of Charles street, commencing at Cambridge street, thence over the land in front of the new jail, thence over the tide waters in Charles river, and thence to North Charles street, and over and along said street to the street leading to Cragie's bridge, so called; and the said authorities were empowered to lay out the said proposed street, the whole distance at one time, or portions thereof at different times, as they should deem expedient; providel, that the said street should not be laid out below the commissioners' line, as established by law.2 City authorized to 72. By an act passed March nineteenth, eighteen hundred construct bridge overtxburi d and fifty-five, the city of Boston was authorized to construct creek. and maintain a bridge over Roxbury Creek, in continuation of 1855, c. 73. Albany street, upon such line as might be agreed upon between 1 See " An act to incorporate certain persons for the purpose of making 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, 3v. special laws, 375; and two acts in addition thereto, viz: 1804, c. 3. ibid. c. 442; 1805, c. 92, 4v. special laws, 28. 2 For the establishment of the MNourit Washington avenue to South Boston, see stat. 1853, c. 255, "Bridges," p. 67, ante. STREETS. 617 the mayor and aldermen of Boston, and the mayor and aldermen 1855, c. 73. of Roxbury; the bridge to be furnished with a draw of such dimensions; and built in such manner, as should be approved by a commissioner appointed by the governor. By an act passed City authorized to extend Albany April fourteen, eighteen hundred and fifty-six, the city was street, tosaid authorized to extend Albany street to, and connect the same bridge with, any bridge that might be constructed in pursuance of the act above quoted; also to take, fill up and grade such land as might be necessary for that purpose; )provided, that such extension should not affect any rights of the commonwealth or of individuals. By an act passed February four, eighteen hundred and City authorized to lay out a highway fifty-nine, the city council of Boston was authorized to lay out a eighty feet agide highway in continuation of Albany street, not exceeding eighty in continuation of Z -7) J&Albany street. feet wide, and extending from Malden street, across the tide 189, c. 21. water in the South Bay, so-called, in any convenient direction or directions within the commissioners' line, as then established, to Troy street, and to protect said highway, if they should deem it necessary, by the erection of a sea-wall outside thereof; provided, that no part of the sea-wall shall be outside of the commissioners' line. The city was further authorized to widen the Dover street Bridge, between Harrison avenue and Foundry street, so that the same may be fifty feet wide, and no more, between the points designated.1 73. By the act of April six, eighteen hundred and sixty-one, Streets on the in relation to streets on the Back Bay, the various streets and BG1c cBa2. ways on the Back Bay, in the city of Boston, and on the northerly side of the Milldam, as laid clown on the general plan thereof, accompanying the fifth annual report of the commissioners on the Back Bay, and dated Boston, January twenty-first, eighteen hundred and fifty-seven, and deposited in Suffolk registry of deeds August thirty-first, eighteen hundred and fifty-eight, with such modifications and alterations as have been made by the commissioners, shown on the plan recorded in Suffolk registry of deeds, liber seven hundred and eighty-eight, folio one hundred and fiftynine, are hereby ratified and confirmed; and the said commissioners shall have the general control of all streets, ways, and squares on the land of the commonwealth, and may offer them, or any portion of them, for acceptance by the city of Boston, on such terms and conditions as they may deem expedient, subject to the approval of the governor and council; provided, that nothing herein contained shall be construed to authorize the commissioners on the Back Bay to postpone or modify the operation of the fourth sec1 All the work authorized under these statutes has been performed. 52* 618 STREETS. 1861, c.. 1 tion of chapter one hundred and fifty-four, of the acts of the year one thousand eight hundred and fifty-nine. Streets and drain. 74. The resolve of April thirty, eighteen hundred and sixtya-e on the Back Bay. two, in relation to streets and drainage of the Back Bay, provides 862,. 9. " that the commissioners on public lands be, and they hereby are, See" Sewers," authorized to make such modifications of existing agreements in ante, p. ante, rel eltion to the drainage of the Back Bay territory, so-called, situated between the Milldam and Tremont street, in Boston, as may be agreed upon by the city of Boston and all other parties to such agreements, subject to the approval of the governor and council; and they may authorize the making of such new streets and ways, and the discontinuance of such streets and ways as have already been made or provided for, on the territory of the Boston Water Power Company, and may connect any such streets with the streets on the commonwealtl's territory, as they may deem expedient, and upon such terms and conditions as they may deterline upon, subject to the approval of the governor and council; but before proceeding to act on this resolve, the commissioners shall give public notice, by advertisement, in two newspapers published in Boston, of the time and place at which all parties having any objections to such changes, or the laying out of such streets, may be heard." State to convey 75. By an act passed June one, eighteen hundred and sixtyBerkeley street to city. seven, the commissioners on public lands were directed to convey 1867, c. 338, ~1. to the city of Boston that part of Berkeley street that is situate on the comnonwealth's lands in the Back Bay, as the same was then located and completed, sixty feet wide; and the said city was authorized to widen the roadway cf the said street, when authorized so to do by the governor and council, to the width of eighty feet, without any claim for damages by the abutters on said street.1 Board of aldermen 76. By an act passed June one, eighteen hundred and sixtymay lay out streets between certain seven, the board of aldermen of the city of Boston was authorized 67,. 324, 1. to lay out a street or streets, over tide-waters, between Lewis, Commercial, Mercantile, City, Long, Central, India and Rowe's Proviso: shall not wharves or either of them; rov'idecl, that nothing in the act affect commonwealth's right. should be construed as ceding or yielding any right, title or interest the commonwealth may have in any lands or flats which lie within said street or streets, or shall be cut off from the harbor by the same. The act provided that such compensation should be made for all displacement of tide-water as the harbor commis1 See agreement under seal made between the State, the city and the Water Power Co., dated December 31, 1864, and deposited in the office of the auditor of accounts, City Hall. See, also, " Statement of Facts in Relation to Berkeley street" - city doc. 141, 1868. STREETS. 619 sioners should determine; and in the manner required by chapter ls67, c. 324, ~1. one hundred and forty-nine, of the acts of eighteen hundred and sixty-six.1 77. By the sixth section of " an act for the improvement of Eastern avenue, the harbor of Boston, and the commonwealth's flats therein," the wFot Poi ntc city of Boston was authorized to build and lay out as a public nel, to be public street. street Eastern avenue, with a bridge over Fort Point Channel, 188, c. 326, ~6. having suitable draws; said avenue and bridge to be located and constructed at such places, and upon such plans, and upon such terms and conditions as the harbor commissioners may make, the same to be subject to the approval of the governor and council.2 78. By an act passed April twenty-seven, eighteen hundred Mayorand alderand sixty-five, the mayor and aldermen of the city of Bos- men aullthorized to lay out and widen ton were authorized to widen and lay out as a street, the Oliver street. line of street extending from Milk street to Broad street, 12 Allen, 223. in the said city, nearly parallel with Pearl street, and known by the names of Oliver street, Washington square, and Belmont street, to take sufficient land for the same, to grade the same, and to assess the cost of such widening and grading, including damages for land and buildings taken for such widening, upon estates abutting upon said widened street. It was provided in the act that the grade of the street should in no place exceed two feet and a half rise or fall in one hundred feet of length; and that the width of the street should not be less than fifty feet. 79. By an act passed March twenty, eighteen hundred Aldermen may rennd ixtynine h dice grade of esand sixty-nine, the board of aldermen was authorized to re- ttes on Fort Hill. duce the grade of the estates that required excavation upon 18s9, c. 4, ~ 2 Fort Hill, to the level which had been, or might hereafter be, determined upon for the improvement of said territory; and for such purpose might cause the removal of buildings, May removebuildwhether abutting on streets or otherwise, in the same manner, ings. and with the same provision for damages, as was then provided in relation to buildings upon lands taken for streets. 80. By an act passed April seventeen, eighteen hundred Atlantic avenue docks to be filled and sixty-nine, the city of Boston, to prevent the nuisance u ep. which would be created by the sewers discharging into the 1869, c.-. docks, and from stagnant water in said docks inclosed by the building of Atlantic avenue, was authorized to fill up said docks with earth from Fort Hill, and have a lien on the land made by said filling, for the cost of doing the same.3 1 This street was laid out by resolve and order passed December 18, 1868, and is known as "Atlantic avenue." 2 See "Harbor," ante, p. 296, ~ 65. 3 See " Sewers and Drains," ante, p. 571, ~ 16. 620 STREETS. City authorized 81, By an act passed March seventeen, eighteen hundred to build pile bridge acrossSouth and sixty-nine, the city of Boston was authorized to lay out Bay. 7 a public street or way across South Bay,1 and for that purpose to build a pile bridge, not exceeding one hundred feet in width, from the westerly side of South Bay, at or near the southerly end of Pine Island wharf, so-called, to the easterly side of said bay; the said bridge to be located in such a direction that, if continued eastwardly, it would intersect Federal street at or near Dorchester street; and for that purpose the said city of Boston may drive piles in the said bay necessary therefor, and also for such draw piers as may be deemed necessary and proper Draws to be pro- for the public welfare and its own convenience; and said bridge vided. so constructed shall be provided with such good and suitable draws as the harbor commissioners may direct, which said city shall open and close at all times for the accommodation of vessels having occasion to pass the same; provided, that all things done under Subject to ap- this act shall be subject to the determination and approval of the proval of harbor isio harbo commissioners, hrbr iiner as provided in the fourth section, of chapter one hundred and forty-nine, of the acts of the year eighteen hunAuthority may be dred and sixty-six. The authority granted by this act may be revoked. Ibid. ~ 2. revoked at any time; and if the city neglects, for the space of five years, to build and finish the bridge, then the act shall be void. Street across South 82. So much of the street across South Bay, shall be conBay to be constructedwith solid structec with solid filling, and so much thereof shall be a pile filling, ad pile- bridge, as the harbor commissioners shall direct. bridge. n 1869, c.447, ~3. 83. The city of Boston was further authorized to locate, conBoston may main- struct and maintain, a railroad track or tracks from some contaiu railroad for construction of venient point on any railroad near the street hereinbefore menstreet. tioned, near where the street hereinbefore mentioned crosses said Ibid. 4. railroad, and may extend said track or tracks in an easterly direction or westerly direction; said railroad tracks to be used only for the construction of said street. Damages to private 84. All damages occasioned to private property by laying out properly, and constructing said street, shall be ascertained and compensated in the manner provided in chapter forty-three, of the General Statutes, for the laying out of highways.2 Streets may be laid 85. The board of aldermen of the city of Boston, with the 81c i448, u1.i concurrence of the common council of said city, may lay out such public highways and streets in the thirteenth, fourteenth, and fifteenth wards of said city, being the territory formerly consti1 See "Bridges," ante, p. 75, ~ 38. 2 For that portion of chapter 447, of the acts of 1860, which authorizes the city to lay water pipes across Roxbury canal and South Bay by syphons, see " Water," post. STREETS. 621 tuting the city of Roxbury, as they, in their judgment, shall deem 1869, c. 448, ~ 1. to be for the common benefit of the inhabitants of said city, and pay for the land so taken; which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient to do so.1 ORDINANCE.2 SECTION 1. The several streets in the city Streetstoretain their names till alshall continue to be called and known by the tered Sept. 30,1850. names given to them respectively, by the selectmen of the town of Boston, the mayor and aldermen of the city, or the city council, until the same may be altered by the board of aldermen.3 SECT. 2. There shall be chosen annually, on Superintendent of streets to be chothe first M4onday of February, or within sixty sel removal, e. days thereafter, by concurrent vote of the two branches of the city council, a superintendent of streets, who shall hold his office for one year from the first Monday of April, in the year in which he may be chosen, and until his successor is chosen and qualified, or he is removed. He may be removed at the pleasure of the city council, and a vacancy may be filled at any time for an unexpired term. He shall receive such compensation as the city council may from time to time determine. SECT. 3. The superintendent of streets shall Superintendent to give bond. give bond, with one or more sureties, to the rnMay7,l53. 1 See " South Boston," ante, p. 586. 2 An ordinance in relation to streets, passed September 30, 1850, and ordinances in addition thereto, passed May 17, 1853; July 18, 1853; April 24, 1854; December 28, 1854; April 28, 1863; October 29, 1869; and November 9, 1869. 3 See ~ 65, p. 614, ante. 622 STREETS. may 17,1853. approbation of the board of aldermen, with condition that he shall faithfully perform all the duties of his office, and account for all moneys entrusted to him, and that he will not, directly or indirectly, for himself or others, or by others in trust for him, or on his account, have any interest or concern in any purchase, lease, contract, or agreement, made in pursuance of this ordinance.' The superintend- SECT. 4. The said superintendent is authorent may appoint assistants. ized, with the approval of the board of aldermen, Oct. 29,1869. to appoint such assistants as he may deem necessary; said assistants shall act under his control and direction, and receive such compensation as the city council may from time to time determine. The said assistants may be removed at any time by the said superintendent, or the board of aldermen. Superintendent to SECT. 5. The said superintendent shall attend attend at his office. Tokeep recordcnd at his office a portion of each day. He shall books, &c. Sept 30,1850, keep a record of all his proceedings, and a set of books, in which shall be 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 quarterly report thereof to the To makereports. city council. On or before the tenth day of Ibid. January, annually, he shall make a report to the city council, containing a general statement 1 See " Contracts with City Officers," ante, pp. 136, 137. STREETS. 623 of the expenses of his department during the Sept. 30,180. 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. 6. It shall be the duty of the said To superintend streets, &c. superintendent, under the direction and control Ibid. of the board of aldermen, 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 chief of police, of any nuisance, obstruction, or encroachment thereon. And the city shall not be responsible ity not respons ble for his acts, ur for any of his doings that have not been ordered less,&c. znv~~~~ ^ ~ ~~~~~~~~Ibid. by the city council, or the board of aldermen, or sanctioned by express vote. SECT. 7. Whenever the superintendent of To make bills for things sold, &c. streets shall sell any articles or materials belong- July18, 1853. ing to the city, or shall do, or cause to be done, any work for any individual for which money shall be due to the city, he shall enter, in books kept for that purpose, all such sales and work done, with the price thereof, and shall forthwith make out bills for the same, and deliver them to the city treasurer for collection; and the city treasurer shall forthwith demand payment of the said bills, and if any bills or dues under this ordinance remain unpaid at the expiration of three months after demand for payment as aforesaid, 624 STREETS. Treasurer tocol- the city treasurer shall cause the same to be collect same. July 8, 1853 lected by legal process; provided, however, that when, in the opinion of the mayor, the interests of the city demand it, he may at any time order legal proceedings to be begun. To makeup pay- SECT. 8. The pay-rolls of the laborers emrolls. Ibid. ployed under the direction of the superintendent of streets shall be made up and certified by the said superintendent, and upon being duly allowed and audited, shall be paid by the city treasurer, at such times and places as he may appoint, and be may employ a clerk for that purpose. treets not to be SECT. 9. No person or persons shall break or clug up, &c. Sept. 30, 185. dig up, 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 board of aldermen, in writing, for that purpose.1 Persons so digging SECT. 10. Whosoever shall, by virtue of such to repair the same, S&C. license, break or dig up, or cause to be dug or Ibid, 0 broken up, any part of any street, shall, within such time as the board of aldermen, or some person by them authorized,2 may order, cause the same to be repaired and amended, to the satisfaction of the said board, under a penalty of not less 1 By Gen. Stats. c. 48, ~ 8, it is provided that whoever digs or breaks 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, shall forfeit the sum of five dollars for each offence, to the use of the town, to be recovered by the treasurer thereof. 2 The superintendent of streets was authorized to issue permits under this section, March 2, 1857. STREETS. 625 than five dollars, nor more than fifty dollars, for Sept. 30,1850. each and every day he or they shall neglect or refuse so to do, after such order.l SECT. 11. When any drain, or aqueduct, is When drain or aqueduct is reopened, or laid, or any aperture is made in any paired a fence and lights to be put up. street, the person or persons, or either of them, sbid37 by or for whom the said drain or aqueduct is opened or laid, or such 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; 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 twilight every evening, through the whole of every night during all the time such drain, aqueduct, or aperture may be open, or in a state of repair. SECT. 12. Every person wishing to occupy or Persons building t obtain permits. use any portion of any of the streets for the Dec.,83.S. erection or repair of any building upon land abutting thereon, shall make application therefor to the chief of police, or the deputy chief of police, either of whom, subject to the direction of the 1 For authority granted to street railway corporations to locate their tracks in the streets of this city, see volume entitled "Boston Street Railways," published in 1869, which contains the charters and locations of the several street railway corporations in the city of Boston. 53 626 STREETS. c.1,1868. board of aldermen, shall have power and authority to grant permits for the occupation or use, for building purposes, of such part of any street, and for such length of time, and under such limitations and restrictions, as may be required by any ordinance, or by the public convenience; and all such permits may be revoked by the chief of police, or deputy chief of police, at any time, when the holders of them fail to comply with any rule or regulation under which they are granted, or when, in the opinion of the chief of police, or the deputy chief of police, the public good requires such revocation. And the part or Regulations in portion so allotted, if any, and no other part of such case. Ibid. such 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 persons so building or repairing, at such convenient time as the board of aldermen, the chief of police, or the deputy chief of police, may direct; and in case of neglect or refusal so to do, it shall be removed by the superintendent of streets, the chief of police, or the deputy chief of police, 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. And such portion of the street, allotted as aforesaid, shall not be so used for more than thirty days, on one application. Placing coalorfire- SECT. 13. Neither the purchaser nor seller of any coal or firewood shall place or permit any STREETS. 627 such coal or firewood to remain in any street wood in streets, regulated. more than thirty minutes after sunset in the Sept. 30,1850. evenihg; 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 to obstruct the passage in the same, nor more than two hours in any case. SECT. 14. No person shall play at ball, or Playingball, throwing stones throw stones or snowballs, in any streets, or andsnowballs. Sept. 30,1850. throw stones on the common, or in any of the Nov. 27,1866. public squares. SECT. 15. No person shall shoot with, or use Shootingwithbow and arrow forbida bow and arrow, in any street, or public square, den. Sept. 30,1850. or on the common. SECT. 16. No person shall expose, in any Exposing gaming tables. street, or public square, or on the common, any Ibid. table or device of any kind whatsoever, intended for playing any game of hazard or chance; and no person shall play at any such table or device, or at any unlawful game, in any street or public square, or on the common. SECT. 17. No person shall course or coast Coasting upon sleds. upon a sled in any street. Ibid. SECT. 18. No person shall swim or bathe Bathiniginwaters in the waters surrounding the city adjacent to 628 STREETS. urrounding the any of the wharves, bridges, avenues, or railroads Sept. 30,180. leading into the same, so as to be exposed to the view of the spectators. Taking street dirt SECT. 19. No person shall take or remove any without license. Ibid. street dirt or manure, collected from any street, without the license of the board of aldermen first obtained. Obstructing treet SECT. 20. No person shall obstruct any street, by moving buildings. or any part thereof, by placing therein any house, barn, shop, or other building; and no person shall remove or draw, through or upon any street, any house, barn, shop, or other building, without the permission of the board of 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 fifty dollars, and a like sum for every twelve hours that the said obstruction may continue, or that the said house, barn, shop, or other building may remain in or upon any street.' Suspending goods, SECT. 21. No person shall place, or cause to so as to project into sreet. be placed, or suspend, or cause to be suspended, from any house, shop, store, lot, or place over any street, any goods, wares, or merchandise 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. 1 See the case of Pike vs. Brimmer, 9 Law Reporter, 221. STREETS. 629 SECT. 22. No person or persons shall here- Awnings, hades and curtains not to after erect, fasten or affix, any canopy, awning, obsestreet shade, shade-frame, or shade-curtain before any 0ct.;29,169 house, shop, or store in any street or highway; or fasten or affix any awning, shade, or shadecurtain to any wooden or iron frame already erected, fastened or affixed to any house, shop or store, on any street or highway, without first obtaining permission in writing from the superintendent of lamps; and said superintendent is hereby empowered to give permits for erecting, fastening, or affixing such canopies, awnings, shades, or shade-curtains, where, in his opinion, the public safety and convenience, and the proper lighting of the streets will not be interfered with; and any person who erects, fastens or affixes any canopy, awning, shade, or shade-curtain of any description whatsoever, without such permit, and neglects to remove the same, after notice given by the said superintendent, or any police officer, shall forfeit and pay the sun of two dollars for each and every day the same may remain after said notice. Any canopies, awnings, shades, or shadecurtains which may have been erected, fastened or affixed to any building, or any wooden or iron frame, on any street or highway, at the passage of this ordinance, shall be removed forthwith upon the order of the board of aldermen; and any person who neglects to remove the same upon said order of the board of aldermen, shall forfeit and pay the sum of two dollars for each and every day the same may remain after said order. 53* 630 STREETS. Signs, show-bilsor SECT. 23. -No person shall hang, affix, erect lanterns not to projectintothestreet. or fasten, any sign, show-bill, lantern or showOct. 29,1869. board of any description whatsoever, which shall project into or over any street more than one foot, without first obtaining the permission of the board of aldermen therefor, which license or permission shall be subject to revocation by said board at pleasure; and any person who hangs, affixes, erects, or fastens any sign, show-bill, lantern, or showboard of any description whatsoever, without such license or permission, and neglects to remove the same, after notice given by the mayor, or any alderman or police officer, shall be liable to a penalty of not less than five dollars, nor more than twenty dollars, for every day that said sign, showbill, lantern, or show-board may remain after notice to remove the same as aforesaid. All signs, showbills, lanterns, or show-boards of any description whatsoever, projecting into or over any street more than one foot, which may have been hung, affixed, erected, or fastened at the passage of this ordinance, shall be removed forthwith, upon the order of the board of aldermen, unless a license or permission be obtained from the board allowing them to remain; and any person who neglects to remove any sign, show-bill, lantern, or show-board belonging to him, which projects in the manner aforesaid, upon the said order of the board of aldermen, shall be liable to a penalty of not less than five dollars, nor more than twenty dollars, for every day that said sign, show-bill, lantern, or show-board may remain after said order to remove the same. STREETS. 631 SECT. 24. No sign, show-bill, lantern, show- Same subject. Sept. 30, 1850. board, or other thing, which, at its lowest part, 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 fifty dollars, for each offence, and the like penalty for every day such sign, showbill, lantern, show-board, or other thing, may be continued after an order to remove the same, given by the board of aldermen, or any person authorized by them. SECT. 25. No person, unless duly licensed by Ringngibellsor'-L ~~~' v ~ ~~~~~~blowing horns. the board of aldermen, shall ring, or cause to be Ibid. 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 or calling, or for the sale of any article. SECT. 26. No person shall stand in any street Standingto grind cutlery, or sell for the purpose of grinding cutlery, or for the goods, &. Ibid. sale of any article, or for the exercise of any other business or calling, unless duly licensed by the board of aldermen. SECT. 27. No person shall construct or place, Projectingporches doors, windows, or cause to be constructed or placed, any portico, steps, &c. porch, door, window, or step, projecting into any street, under a penalty of not less than four, nor more than fifty dollars for each offence, and a like penalty for every day that the said portico, porch, door, window, or step may be continued as aforesaid, after notice to remove the same from the board of aldermen, or some person authorized by them. 632 STREETS. Gratings in streets, SECT. 28. No person shall affix or place, or how licensed and constrcted. cause to be affixed or placed, or continue in any Sept. 30, 1860. April 28,1863. street, any grating, without the license of the See rules, &c., post. board of aldermen; and no grating shall be placed in any sidewalk, the spaces between the bars of which may be more than one inch and a quarter in width; and no grating shall project more than eighteen inches into the street. Cellardoors, door- SECT. 29. No person shall construct or mainways and steps not allowedwithout l- tain any cellar door or cellar doorway in any sidecense. April28,1863. walk, or projecting into any street, or construct any entrance or flight of steps descending immediately fiom any street into any cellar or basement story of any building, for the purpose of being kept open as an entrance, without a license from the board of aldermen. And all such cellar doors, doorways, and steps, shall be constructed in such manner as said board may direct. Not to remain open SECT. 30. No occupant or other person unless, &c, Ibid. having the care of any building shall suffer any cellar door, or cellar doorway, or entrance, or flight of steps mentioned in the preceding section, to remain open, or the platform thereof to be removed, more than fifteen minutes during any part of the night-time (and when so removed during the night-time the same shall be properly lighted), or for more than two hours in all during the daytime, unless licensed so to do by the board of aldermen; and in all cases in which any such cellar door or cellar doorway, or entrance or flight of steps may be open, the same shall be properly guarded. STREETS. 633 SECT. 31. Every entrance or flight of steps, Steps descending from streets to be descending immediately from or near the line of enclosedand lighted. any street, into any cellar or basement story of April28,1863. any building where such entrance or flight of steps is not safely and securely covered, shall be enclosed with a permanent railing on each side, at least three feet high from the top of the sidewalk or pavement, together 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 way 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. SECT. 32. ~No person shall make, or cause to Excavations and apertures in street. be made, any excavation or aperture in any street, Ibid. See rules, &c.,post. for any purpose whatsoever, without a license from the board of aldermen, or from some person authorized by them, on such terms as they may prescribe. Every application for a license under this section shall be made in writing and signed by the applicant, and shall set forth the dimensions of the proposed excavation or aperture, and the purpose for which it is to be used; and every such license shall provide that such excavation or aperture shall not be used for any other purpose than that stated in the application; and such license may at any time be revoked by the board of aldermen. SECT. 33. No person shall make, or cause to Excvation not to extend under be made, any excavation, the inner face wall of street more than, which extends further under the street than to Ibid. 634 STREETS. April 28,1863. a line eighteen inches inside the line of the outer edge of the curbstone. Coverings of coal- SECT. 34. All coverings of coal-holes, excaholes, excavations, and apertures. vations, or apertures, in any street, or the sideIbid. walks thereof, excepting cellar doorways and bulkheads, shall be constructed of iron, or of iron and glass, North River flagging-stone or rough surface granite; and shall be of such description and workmanship as the board of aldermen may direct. Whenever any such covering is constructed otherwise, or is, in the opinion of said board, unsafe or inconvenient for the public travel, said board may order the same to be removed, and a suitable one put in its place; and if the same is not done within ten days from the service of said order on the owner or tenant of the premises, or other person having the care thereof, the superintendent of streets shall make such change, and the expense thereof shall be paid by such owner, tenant, or other person having the care of the premises; and no person shall leave such coalhole, excavation, or aperture open or unfastened after sunset, nor in the daytime, unless while in use by some person or persons actually attending the same. Coal-holesand SECT. 35. The board of aldermen, upon the gratings may be authorized &c. application of any person, may authorize the conSept. 30, 1850. i a o Seerules, &c pos. structioli of coal-holes or other apertures, and 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 con STREETS. 635 tinuance of any grating already constructed; Sept. 30, 1850. provided, that in no case shall any grating be authorized to extend more than eighteen inches into the street. SECT. 36. No person shall insert in any side- Nosignsinsidewalks unless, &c. walk any sign, without the permission of the April28,1863. board of aldermen, or of some person authorized by them. SECT. 37. Any person licensed or permitted Safe passge around or over apby the board of aldermen, or by some person erturesorstructures to be proauthorized by them, to occupy any part of the videdApril 28, 1863. highway while erecting or repairing any building, opening any sewer or drain, making any excavation, or for any other purpose, shall provide a safe and convenient passage around or over the same for public travel, and shall be responsible to the Responsibility or injuries. city for any injury sustained in consequence of Ibid. any neglect so to do. And any such person or others occupying any part of the highway as aforesaid, or removing therefrom any gravel or other materials, shall, when requested by the Licenseto be shown on request. superintendent of streets, or any police officer, Ibid. exhibit his license or permit for such occupation or removal. SECT. 38. No owner, or person, having for the Feeding horses or animals in the time being, the charge or use of any swine, horse, street forbidden. Sept. 30, 1850. ox, or other grazing anilmal, shall bait or feed the same in any street.1 SECT. 39. No owner, or person, having, for Ridingor drving faster than six 1 For ordinance prohibiting the washing of carriages in the public streets, see " Health," ante, p. 355, ~ 62. 636 STREETS. miles an hour for- the time being, the care or use of any horse, bidden. Sept.301850. or other beast of burden, carriage or draught, 3 Pick. 462. shall ride, drive, or permit the same to go at a faster rate than six miles an hour, in any street.l Horses, kine, SECT. 40. No owner, or person, having the swine, &c., not to goat large. charge of any horse, cow, swine, sheep, goat, Ibid. or other grazing animal, shall turn or permit the same to go at large or loose into or in any street. No person to ater SECT. 41. No person shall water any street, streets, &c., withAptlien4,eS. lane, alley, court, common, or public square within the city of Boston, by or with a watering cart, without having first obtained a license therefor from the board of aldermen. Licenseto run not SECT. 42. All licenses granted by the board more than a year. Ibid. of aldermen to any person to water streets, shall run for not more than one year, and shall contain such conditions and restrictions as the board of aldermen may prescribe, and shall also be subject to such rules and regulations as the said board of aldermen may from time to time prescribe.2 SIDEWALKSo Surveyors ofligh SECT. 43. The surveyors of highways3 are ways (aldermen) to regulatete width hereby empowered so to regulate the width and 1 The " Rules and Orders of the Board of Aldermen," ante, pp. 115, 116, ~~ 40, 42, apply to horses, &c., harnessed to carriages. 2 See " Rules and Regulations," May 1, 1854. 3 The board of aldermen are the surveyors of highways. See " Charter," ~ 41, p. 19, ante. STREETS. 637 height of the sidewalks of any streets, as may, in andheightofsidetheir judgment, be most conducive to the May acceptthe convenience and interest of the city, and they Sept.30,1850, may accept such sidewalks, after they have been put in good and perfect repair by the abutters on such streets, and after they have been relinquished in writing to the said city by such abutters.1 SECT. 44. After such relinquishment and Afteracceptance, &c., sidewalks to acceptance, such sidewalks shall be maintained at be maintainedby the city, provided, the expense of the city; provided, that when any Ibd. sidewalk may require repairs, in consequence of any defect in the cellar door, curb, 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. SECT. 45. The city clerk shall keep a book in City clerktokeep record of names of which the names of the streets shall be alphabeti- streets, andacceptance of sidewalks. cally arranged, and in which all the sidewalks Ibid. which now are, or may hereafter 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. SECT. 46. No person shall drive, wheel, or crriages forbiddraw any coach, cart, handcart, hand-barrow, 1 See stat. 1833, c. 128, ante, p. 611, ~ 56. But see Bacon vs. City of Boston, 3 Cush. 174; City of Lowell vs. French, 6 Cush. 223. 54 638 STREETS. den onsidewalks, or other carriage of burden or pleasure, whether except, &c. Sept. 30,1850. 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 footpath or sidewalk in the city. awing or placing SECT. 47. No person shall saw any firewood, firewood on sidewls. or place the same, upon the footpath or sidewalk of any street, and no person shall stand on any such footpath or sidewalk, with his woodsaw or horse. Standingin a SECT. 48. Three or more persons shall not group, so as to obstruct the passage. stand in a group, or near to each other, on Ibid. any sidewalk, in such a 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 fifty dollars; nor more than five minutes after a request to move on, made by the mayor, or any police officer, under a like penalty. Placing lumber, SECT. 49. No person shall place, or cause bales, &c., on sidewalks. to be placed, upon any footpath or sidewalk, Sept. 30, 1850. Oct. 29,1869. street or highway, in the city, any lumber, iron, coal, trunk, bale, box, crate, cask, package, building material, rubbish, or article or thing whatsoever, whether of the same description or not, Penalty. for more than five minutes, under a penalty of not less than three, nor more than fifty dollars; and if such person shall suffer the same to remain more than one hour after being first placed there, or more than ten minutes after notice to remove STREETS. 639 the same, given by the mayor, by any alderman, Sept.30,180. or by any policeman, 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 Penalty. more than fifty dollars; provided, that nothing contained in this section shall be deemed to extend to such goods, wares, or merchandise as may, in conformity with all rules, regulations, and orders, made by the board of 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. 50. The tenant, occupant, or any per- snow to be removed from sideson having the care of any building or lot of walks. Parties liable for neglect. land, bordering on any street, lane, court, square, Ot. 29,869. Nov. 9,1869. or public place within the city, where there is any 6Plk,54.1. footway or sidewalk, and in case there may be no 97Mas-. 62. tenant, occupant, or other person having the care of the whole of any such building or lot, the owner thereof shall, within one hour after any snow ceases to fall in the daytime, and before nine o'clock the next morning after any fall of snow during the night, cause the same to be removed therefrom; and, if he fails to do so, he shall forfeit and pay a sum of not less than two dollars, nor more than ten dollars; and for each and every hour thereafter that the same may remain on such footway or sidewalk, such tenant, occupant, owner, or other person, shall forfeit and 640 STREETS. Oct.29,1869. pay a sum of not less than one dollar, nor more Nov. 9, 1869. than ten dollars. The provisions of this section shall also apply to the falling of snow from any building. Icy sidewalks to be SECT. 51. -Whenever the sidewalk, or any covered with-sand or otheruitable part thereof, adjoining any building or lot of ct. 29,1869. land, on any street, is encumbered with ice, it shall be the duty of the occupants, and, in case there is no occupant of the whole of said building or lot of land, it shall be the duty of the owner, or any person having the care of the same, 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 occupant, owner or other person, shall neglect so to do, for the space of six hours during the daytime, he shall forfeit and pay a sum of not less than two, nor more than five dollars, and a like sum for each and every succeeding day that the same may continue to be so encumbered. Iceorsnowthrown SECT. 52. Every person who shall lay, throw, into street, to be broken up,80 o r place, or cause to be laid, thrown, or placed, any ice or snow into 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. penalty of not less than two dollars, nor more than five dollars, for every offence. Meaning ofthe SECT. 53. Whenever the word "street" or streets" is mentioned in this ordinance, it shall STREETS. 641 be understood as including alleys, lanes, courts, wod "street" defined. public squares, and public places; and it shall Sept. 30,1850 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. SECT. 54. Whenever anything is prohibited in Whoshallbeliable to penalties. this or any other ordinance, the person actually Ibid. doing such prohibited thing, as well as his agent or employer, shall be liable to the penalty prescribed. SECT. 55. Whenever, in this or any other ordi- Acts forbidden to be done without linanee, anything is prohibited from being done cense, maybe licensed. without the permission or license of any officers or board, such officers or board shall have the power to permit or license such thing to be done. SECT. 56. The foregoing provisions shall not Riglts and duties zn ~ xof surveyors of be taken or construed as limiting in any manner hihways not limited by this ordithe legal rights and duties of the surveyors of nance. highways to make any alterations and repairs in the streets, which they may deem the safety and convenience of the inhabitants to require. SECT. 57. Any person violating any of the Penalties. Ibid. provisions of this ordinance, except where a different penalty is otherwise specially provided in any section thereof, shall be liable to a penalty of not less than two, nor more than fifty dollars, for each offence, and to a like penalty for each day's continuance thereof. 54* 642 STREETS. RULES AND REGULATIONS.1 The superintend- SECTION 1. The superintendent of streets is ent of streets may granatmits for hereby authorized to issue permits for the purexcavations. Oct. 191863. pose of making excavations or apertures in any street, or under the sidewalks thereof, as required by the ordinance in relation to streets, passed April twenty-eight, eighteen hundred and sixtythree, upon the following conditions, viz: How sal-holese, All coal-holes or vaults of any description that &c., shall be made, rinwhat mate- may hereafter be made under the sidewalks in the Ibid. city of Boston, shall be constructed as follows: The outer wall next to the carriageway or roadway shall be formed of heavy granite, of not less than two and one-half feet in thickness, and shall be laid with good cement; and no part thereof shall project more than six inches beyond the edgestone. The sides of such vaults shall be at least one foot thick, and be composed of good hard bricks or granite blocks, laid in cement mortar. The top of the coal-hole or vault shall be formed either by a brick arch or arches, turned over said coal-hole or vault, in a good and substantial manner, or by covering said coal-hole or vault with rough hammered granite, at least one foot thick, or Blue stone, or North River flag-stone, at least six inches thick, or iron and glass, or rough surface iron, similar in character to the Depthof coal-hole "Hyatt Light," as it is called. Each coal-hole and vault, covering, &c. or vault thus constructed shall not exceed eleven Ibid. 1 Rules and regulations in relation to the construction of coal-holes, vaults, &c., under the sidewalks, passed by the board of aldermen, October 19, 1863. STREETS. 643 feet in depth, measuring from the top of the side- Ot. 19,186. walk. The aperture in the sidewalk over said coal-hole or vault shall be covered with a substantial iron plate, with a rough surface, to prevent accidents. The entire construction of said coal-holes or vaults shall be subject to the directions and supervision of the superintendent of streets, or such other person as the board of aldermen may designate. Coal slides are permitted Coal-idespermitted; how conto be placed in the sidewalks, and shall be con- ruted. structed of at least eight-inch brick walls laid in good cement mortar, and the whole covered as before mentioned. SECT. 2. The owner and tenant of the abut- Owner, &c.,responsible for all ting estate, in front of which the coal-hole or damages;shall keep vaults, &c., in vault is thus permitted to be constructed, shall epair. Ibid. be held responsible to the city for any and all damages to persons or property in consequence of any defect in the construction of such vault or coal-hole, or for allowing the same, or any portion thereof, to remain out of repair; and such owner and tenant shall be required to keep the said vault or coal-hole, its walls and coverings, in good order at all times. SECT. 3. The occupant of any estate abutting occupants liable for all damages by on such a vault or coal-hole shall be held re- leaving aperture uncovered, &c. sponsible to the city for any and all damages Ibid. occasioned to persons or property in consequence of the aperture in the sidewalk being left exposed and uncovered, or from the covering thereof being left insecure or unfastened; and said occupant shall be required to keep such coal-hole or vault '644 STREETS. oct. 19, 863. cover in good order, and safe for public travel over the same. Boilers, furnaces, SECT. 4. No boiler, steam-shaft, furnace, or privies, &c., not to be locatedforuse, steam-pipe, no cesspool, privy, or water-closet or any explosive, I &o., eubstance, shall be constructed or located for use, and no stored under any iwalk. explosive substance or inflammable oil shall be stored, under any sidewalk in this city, and no excavations, when permitted, shall be ventilated into the street. Excavations to be SECT. 5. Any excavation under the sidewalk, filled up by owner, &c.'whether licensed or not, shall be closed and Ibid. filled up at the owner's expense, after one week's notice to that effect given by the board of aldermen. W oen coal-hole, SECT. 6. Whenever any coal-hole, or vault, &c., is unsafe, aldermen may order under any sidewalk, or any aperture constructed its removal, &c.; if' notdonebyow.ner, therein, is not covered or secured as provided city may do it, &c. Ibid. in section one, or, in the opinion of the board of aldermen, is unsafe or inconvenient for the public travel, said board may order the same to be removed, and a suitable one put in its place; and if the same shall not be done within ten days from the service of said order on the owner or tenant of the premises, or other person having the care thereof, the superintendent of streets shall make such change, and the expense thereof shall be paid by such owner, tenant, or other person having the care of the premises; Nottobeleftun- and no person shall leave such coal-hole, excovered, &c., except, &c. cavation, or aperture open or unfastened after sunset, nor in the daytime unless while in use sunset, nor in the daytime, unless while in use STREETS. 645 by some person or persons actually attending oct. 19,1863. the same. SECT. 7. Every application for a permit shall Application for permit to be in be made in writing, and signed by the applicant, writingt;exbea and shall set forth the dimensions of the proposed oothernrposeSe excavation or aperture, and the purpose for which o.Ibid it is to be used; and such excavation or aperture shall not be used for any other purpose than that stated in the application, without the consent of the committee on paving and the superintendent of streets; and such permit may at any time be revoked by the board of aldermen. Every applicant shall be required to sign an Applicants to perform conditions agreement to conform, on his part, to all the required. provisions and requirements of the foregoing conditions. Said conditions shall be printed upon each permit which is issued, and any violation of the same shall work a forfeiture of the privilege thus granted, and the board of aldermen shall cause said privilege to be revoked accordingly. SECT. 8. The chief of police is hereby direc- Chiefofpoliceto prosecute for disted to prosecute all persons who shall open or turbingsidewalks without permit. disturb any sidewalk of this city, without having Ibid. a permit for that purpose as provided in the ordinance relating to streets, passed April twentyeight, eighteen hundred and sixty-three. 646 SURVEYOR. CITY SURVEYOR. ORDINANCE. 5. To prepare orders and papers 1. Committee on city surveyor's for said committee. department. 6. To keep books of assessment of 2. Choice of city surveyor. betterments. 3. To make official surveys and 7. To make annual report. plans. 8. Repeal of former ordinance. 4. To keep records of committee on streets. ORDINANCE.1 committee on city SECTION 1. In the month of January, in each surveyor's dept. Oct. 12,188. year, there shall be appointed a joint committee of the city council, called the committee on the city surveyor's department, consisting of two members of the board of aldermen, and three members of the common council. The said committee shall have the care and supervision of the city surveyor's office; and shall approve the appointment and discharge of all persons employed therein; and they shall fix the amount of compensation to be paid to said employes respectively; provided, that the same shall not, in the aggregate, exceed the sum appropriated therefor by the city council. Choice of city sur- SECT. 2. There shall be chosen, annually, on veyor. Ibid. the first Monday of February, or within sixty days thereafter, by concurrent vote of the two branches of the city council, a city surveyor, who shall be a citizen of Boston. He shall hold his office for one year from the first Monday in April, 1 An ordinance relating to the city surveyor's department, passed October 12, 1868. SURVEYOR. 647 in the year in which he may be elected, unless Oct.12.1868. sooner removed; and he may be removed at the pleasure of the city council; and vacancies may be filled at any time for an unexpired term. He shall receive such compensation as the city council may, from time to time, determine. SECT. 3. Said surveyor shall, by himself or To makeofficial surveys and plans. his assistants, make such surveys, plans, esti- Ibid. mates, and descriptions, and take such levels, as may be required of him by the mayor, the board of aldermen, the common council, or any committee of the city council, or of either branch thereof, or any board established by the city council; and he may employ such assistants as may be necessary to perform the services required of him, with the approval of the committee on the city surveyor's department, as provided in the first section. SECT. 4. Said surveyor shall act as secretary Tokeeprecords of streets, etc. of the committee of the board of aldermen, Ibid. on laying out and widening streets, and shall furnish said committee, or such commission as may hereafter be entrusted by the city council with the consideration of matters appertaining to the laying out, widening, or extending streets, with such plans and information in relation to any projects under consideration by them as they may require. He shall keep a full and accurate record of all their doings; and he shall have charge of all surveys and plans relating to the laying out, widening, extending, and grading of streets. 648 SURVEYOR. To prepare orders, SECT. 5. Said surveyor shall prepare all papers, etc., for said committee orders, resolves, and other papers relating to Oct. 12, 1868. street widenings, extensions, and alterations which said committee may require; and shall furnish the city solicitor with all necessary descriptions of lands, whenever required. To keepbooksof SECT. 6. Said surveyor shall keep a set of assessments. Ibid. books showing all the debits and credits to each estate, the whole or a portion of which may be taken to lay out, widen or extend a street, or which may be assessed under any betterment law; and if, in the opinion of the committee on laying out and widening streets, the work of keeping such a set of books and other records relating to street improvements, requires any special clerical assistance, the said surveyor, with the consent and approval of said committee, may employ a suitable clerk, whose salary shall be fixed by said committee, and paid from the appropriation for laying out and widening streets. All bills for assessments made under any betterment law shall be deposited by said surveyor with the city treasurer for collection. Annual report. SECT. 7. Said surveyor shall, annually, in the month of January, submit to the city council a report in relation to his department, showing the number of persons employed, the detailed expenses of the department, the general nature of the work, and such other general information in relation to the same as he may deem expedient. Repeal offormer SECT. 8. The ordinance relating to the departordinance. Ibid. ment of engineering and surveying, passed the TAXES (ASSESSMENT). 649 eighth day of December, in the year eighteen Oct. 2,1868. hundred and sixty-six, is hereby repealed; provided, ]however, that the city surveyor already elected, shall hold his office for the time for which he was elected, unless sooner removed; and provided, also, that the committee on the city engineer's department already appointed shall act as the committee on the city surveyor's department, during the remainder of the present municipal year. ASSESSMENT AND COLLECTION OF TAXES. STATUTES. 8. Lands sold by State to be taxed Persons and Property subject to Tax- to owner after three years. ation. Where Polls and Property shall be 1. Persons subject to a poll tax. assessed. 2. Property subject to taxation. 9. Poll tax, where assessed. 3. Real estate. 10. Person to be taxed where he 4. Personal estate. designates his place of residence to be. Property and Persons exemptedfrom 11. Supplementary taxation of Taxation. polls. 5. Property and polls exempted: 12. Soldiers and sailors may be 1st, property of the United assessed. States; 2d, of the common- 13. Assessors to notify other towns wealth, except, &c.; 3d, of where parties change. certain institutions; 4th, of 14. Duties after reception of notice. school districts; 5th, Bunker 15. Penalty for concealment of noHill Mionument; 6th, house- tice. hold furniture, &c.; 7th, 16. Jurisdiction of offence. churches; 8th, cemeteries, 17. Real estate, where and to whom &c.; 9th, estate of agricul- taxed. tural societies; 10th, of cer- 18. Tenant may recover of landlord tain females to amount of taxes paid, unless, &c. five hundred dollars; 11th, 19. Real estate of person deceased cattle, &c.; 12th, Indians; may be assessed to heirs, &c. 13th, polls and estates of per- One liable for whole with sons unable to pay. right to contribution. 6. Location of railroads. 20. Real estate of deceased where 7. Collateral loan company. title is in dispute. 55 650 TAXES (ASSESSMENT). 21. Personal estate taxed where 41. County and city taxes in Bos' owner resides. Except stock ton, Chelsea, &c., exempt. in trade, &c., employed in 42. Proportions to be assessed on other towns; machinery, &c.; polls and property. horses, &c.; of persons under 43. Assessors may add five per cent guardianship, personal prop- for convenience of apportionerty held in trust, &c.; depos- ment. ited to accumulate; of de- 44. Assessors to deposit copy of ceased persons. valuation in office. 22. Property held as a ministerial 45. What shallbe contained in valfund. uation; estates of inhabi23. Personal property mortgaged, tants; estates of non-resi&c. dents. 24. Partners may be jointly taxed 46. Form of tax-list for collectors. for stock in trade. 47. Valuation list to be sworn to Manner of assessing Taxes.by assessors. 48. Penalty on assessors omitting 25. Ships of copartners assessed 48 enty on assessors mitting where owners reside.to take oath, &c. 26. State treasurer to send tax war 49. Assessors to commit lists to col26. State treasurer to send tax warrants to assessors by mail.lectors, & 27. By what rules all taxes to be 50. Contents and form of warrant. assessed. 51. If warrant is lost, &c., new one 28. Penalty if assessors refuse to may issue. Obey warrant. In such case obey warrant. In such case 52. Discounts may be allowed. commissioners to appoint,&c. 53. Rates ofto be posted up. 29. Town, &c., liable for State or 54. Abatements. county tax not assessed. 55. Costs before abatement, &c. 30. Keepers of taverns, &c., to give 56. If assessors refuse to abate names of persons taxable. taxes, &c. Penalty. 57. No abatement allowed, unless, 31. Assessors to give notice to bring &c. in lists of polls and property. 58. To be applied for within six 32. May verify lists by oath of months. party. 59. If tax is paid, amount of abate33. Assessors to make a fair cash ment to be paid out of town valuation. treasury. 34. To receive lists as true, unless, 60. Party entitled to certificate of &c. his abatement. 35. Penalty for making false re- 61. Assessors to be responsible only turns. for fidelity, &c. 36. Penaltyfor agreement toassess- 62. Pay of assessors. ment on limited amount, &c., Reassessment of Taxes. with view to residence. 37. Assessors shall make an esti- 63. Taxes invalid, &c., except poll mate when lists are not taxes, may be reassessed. brought in. o brought,, in. -Illegal Assessments. 38. Estimate conclusive unless, &c. 39. No tax to be abated unless in 64. To be void to extent of illegal excess of fifty per cent of real excess. estate. 65. Estates omitted, when may be 40. State, county, and town taxes taxed. in one assessment. 66. General tax not to be affected. TAXES (ASSESSMENT). 651 Valuations and Returns of Assessors. 86. Shares to be exempt from other tax. Corporations established 67. Secretary of state to furnish Corporations established for mining to make semibooks to assessors, with uni- t form tables. annual returns and pay tax. 68. Assessors shall enter in books 87. Penalties. valu s ad a s. 88. Tax commissioner to forward valuations and assessments. to assessors lists of all taxable 69. Assessors shall fill up table of corporations. aggregates, and make returns t, sertr oste. 89. Savings banks to pay tax of to secretary of state. 70. secretary of state sh. cauthree-quarters of one per 70. Secretary of state shall cause cent on deposits. books to be printed, &c., fori assessors. e,shal com e 90. Corporations to make return to assessors. He shall compile assessors of stocks and bonds. the returns made to him. 91. Penalty for neglect and for 71. Penalty for neglect of assessors. alt r 72. When there is a diminution in false return. 92. Cities may charge interest on yearly valuation, cause therecertain taxes. of to be stated by assessors. 73. Penalty for neglect of assess- Powers of cities to assess taxes, etc. ors. 93. Powers of the city council to Tax on Bank ShLares. assess taxes for city and county purposes. Rules to 74. Assessors of town in which a be adopted. May provide for bank is located to obtain, in assessment and collection of May, list of shareholders. taxes. May elect assessors or 75. Assessors of several towns to provide for same. May rehave copies. quire bonds. 76. Shareholder to have shares 94. Cities and towns may grant included in tax by assessors money for certain purposes. of town. Savings banks, and 95. Same subject. insurance companies not to be taxed for shares in nationalCollection of Taxes. banks. 1. Collectors to collect taxes. 77. Assessors of Boston allowed 2. They may complete collections grace. though term expire. 78. Shares of stock in banks, owned 3. Demand to be made. by non-residents, to be as- 4. When credit doubtful, taxes sessed, &c. may be collected forthwith. 79. Tax to be lien on shares. 5. Persons claiming abatement 80. Collector may distrain, &c., if must produce certificate. Liatax is not paid. ble to costs. 81. Shares of non-residents to be 6. Errors in names not to defeat omitted from valuation. collection. 82. Assessors to make return to 7. Distress and sale to pay taxes, State treasurer. Town trea- except, &c. surers to pay over to State 8. Distress; how long kept, how treasurers. advertised and sold. 83. Corporation to register names. 9. Sale may be adjourned once. 84. Penalty on stockholders for 10. Seizure of shares, how made. fraudulent transfers. 11. Sales of shares seized, how 85. Assessors to return, annually, made. to State treasurer, names of 12. Surplus to be returned to corporations, owner. 652 TAXES (ASSESSMENT). 13. After fourteen days, party may 37. How redeemed when purchaser be imprisoned. cannot be found, &c. 14. Copy of warrant, &c., to be left 38. Duty of treasurer. with jailer. 39. Mortgagee may pay taxes on 15. Persons imprisoned for non- real estate in certain cases. payment of taxes, how dis- 40. Shall pay'such taxes upon charged. taking possession. Entitled 16. Collectors, when liable to pay to deed on tender. tax, &c. 41. Entitled to receipt for such 17. They may demand aid. Pen- taxes paid to collector. May alty. tack same to mortgage. 18. Persons removing from collec- 42. Supreme judicial court to have tor's precinct without paying. equity powers. 19. Remedy if persons remove, &c., 43. When tax list, &c., is commitwithout paying. ted to sheriff, &c. 20. Remedy against executors and 44. Sheriff's fees for collecting. administrators. 45. When treasurers are made col21. Remedy against persons who lectors, how to proceed. are not owners of real estate 46. Collectors to exhibit accounts taxed to them. every two months, ifrequired. 22. Taxes to be lien on real estate 47. Penalty. for two years, &c. 48. Collectors to be credited with 23. Taxes reassessed to be a lien, abatements, &c. unless, &c. 49. Deficiency in State or county 24. Resident mortgagee of real es- tax, how supplied. tate, when to be called upon 50. Same, when collectors neglect for taxes. to pay. 25. When non-resident appoints at- 51. Remedy for collector's neglect. torney, demand, how made. 52. If collector becomes insane, 26. When made, collector to wait &., selectmen may remove two months. him. 27. Affidavit of collector, &c. Evi- 53. Tax list of deceased collector, dence of demand on attorney. how to be completed. Tem28. Sales of real estate, how adver- porary collector. tised. 54. If collector dies, list to be de29. Contents of advertisement. livered to selectmen. 30. Notices, how posted. 5. Compensation. 31. When name of place has been 56. Taxes paid to collector, when changed. recovered back. 32. Affidavit of publishing and 57. At sale of real estate for taxes, posting notifications to be evi- collector may urcse for dence, if recorded. town, if no other sufficient bid is made. 33. Sale by auction of sufficient, bid is made. &c. b58. Deed in such case, and rights 34. Collector may adjourn sale not of town thereunder. exceeding seven days in 59. Where purchaser at sale fails to whole. pay within ten days, convey35. Dee' to be given to purchaser, ance to be made to town. subject, &c. When to be re- 60. Deeds to town to be held by corded. treasurer. Towns may make 36. Owner may redeem within two regulations for sale, &c., of years, &c. estates conveyed to them. TAXES (ASSESSMENT). 653 61. Collector to be allowed amount 69. Treasurer, &c., may collect of tax and cost in settlement taxes outstanding when he with town. was chosen. 62. Collector's deed to contain spe- 70. Treasurer may issue his warcial warranty, and town to rant for part of the rates to refund amount paid, &c., in his deputies. case of error, &c. 71. Power of distraining for taxes, 62. If estate conveyed to town is how to be exercised. not redeemed in two years, 72. Same subject. town may sell again on giving notice, &c.; application ORDINANCE. of proceeds. 1. Assessors, how many and when 64. Taxes to be assessed on estates, nominated. conveyed to town, and decne o, a2. Five assessors to be chosen. ducted out of proceeds of ducted out of proceeds of. First assistants chosen. final sale. final sale. 34. Second assistants chosen. 65. Persons committed for non- Son o 5. How removed. payment of taxes may take Howreo poor debtor's oath. poor debtor's oath. 6. Organization of board of as66. Collector's fees. sessors. 67. In distribution of insolvent es- 7. Organization of assistants. tates, county, city, and town 8. Secretary to keep records. taxes entitled to same priority 9. -Secretary to certify days of seras State taxes. vice. 10. Estates to be valued. Special Laws relating to the Collec- 11. Abatements of taxes, how tion of Taxes in Boston. made. 68. City treasurer to be collector 12. Tax bills to be made out. of taxes. May appoint depu- 13. Tax bills, how collected. ties, who shall give bonds. 14. Real estate to be sold. ASSESSMENT OF TAXES. STATUTES. PERSONS AND PROPERTY SUBJECT TO TAXATION. 1. A poll tax shall be assessed, in the manner hereinafter Pol tax. provided, on every male inhabitant of the commonwealth, above G. s.1, ~ yx~~~' J' * 1~~~~~~~~~~7 Mass. 523. the age of twenty years, whether a citizen of the United States 4 Met. 181s or an alien. Met. 94. 2. All property, real and personal, of the inhabitants of this roertY. s tax. State, not expressly exempted by law, shall be subject to taxation 4 Met. 564. 4 cush. 12. as hereinafter provided.1 8 Cush. 237. 3. Real estate, for the purposes of taxation, shall include all 4 Gray, 500. Real estate. lands within this State, and all buildings and other things erected G.. n1, ~3. on or affixed to the same. 10 Cuh. 514. 4. Personal estate shall, for the purposes of taxation, include Personalestate. goods, chattels, money, and effects, wherever they are; ships and G.Spet14~4. 1 See, also, Dunbar vs. Board of Aldermen of Boston, S. J. C., 1869, not yet reported. 55* 654 TAXES (ASSESSMENT). 6 Pick. 98: vessels at home or abroad; money at interest, and other debts 916 Pit.73. ldue the persons to be taxed more than they are indebted or pay 9 Met. 73,199. 7 Cush. 600. interest for; public stocks and securities; stocks in turnpikes, 10 Cush. 128. 10 Alen 100. bridges; and moneyed corporations, within or without the State; 14Alen, 359, 66. the income from an annuity, and so, much of the income from a profession, trade, or employment, as exceeds the sum of one thousand dollars, and which has accrued to any person during the year ending on the first day of May of the year in which the tax is assessed; but no income shall be taxed which is derived from property subject to taxation. PROPERTY AND PERSONS EXEMPTED FRO3I TAXATION. Property ex- 5. The following property and polls shall be exempted from empted. taxation: G. S. 11, ~ 5. See G. S. c. 13, 75 First. The property of the United States. Property of the Second. The property of the commonwealth, except real United States. Of the State. estate, of which the commonwealth is in possession under a G. S. 11, ~ 5, mortgage for condition broken. 4 Met. 564. s cush. 237. Third. The personal property of literary, benevolent, chari4 Gray, 00. table, and scientific institutions, incorporated within this common12 Allen, 75. a Of certain institu- wealth, and the real estate belong.ing to such institutions, occupied tions. G.S.11, ~ 5. by them or their officers for the purposes for which they were 2 Cush. 611. incorporated.1 12 Cush. 541. Of school districts. Fourth. All property belonging to common school districts, G. S. 11,. the income of which is appropriated to the purposes of education. Bunker Hill Fifth. The Bunker Hill monument. M',onument. aouseholdfurni Sixth. The household furniture of every person, not exceedture, &c. ing one thousand dollars in value, his wearing apparel, farming G. S.11,~ 5. 1865, c. 206, ~ 1. utensils, and mechanic's tools necessary for carrying on his business 10 Gay, 243 and to an amount not exceeding three hundred dollars in value. cases cited. b Churches. Seventh. Such houses of religious worship as are owned by a G.. 11, ~ 5. religious society, or held in trust for the use of religious organiza1~65, c. 206, ~ 1. Met. 538. tions, and the pews and furniture (except for parochial purposes); but portions of such houses appropriated for purposes other than religious worship shall be taxed at the value thereof to the owners of the houses. Cemeteries, &c. Eighth. Cemeteries, tombs, and rights of burial, so long as the G. S. 11, ~5. same shall be dedicated for the burial of the dead. Agricultural Nzinth. The estate, both real and personal, of incorporated societies. Ibid. ~ 5. agricultural societies. Property of certain Tenth. The property, to the amount of five hundred dollars, of females to amousnt a widow or unmarried female, and of any female minor, whose 1 But this does not apply to unincorporated charitable associations. City solicitor's opinion, City Doc. No. 24, 1862. TAXES (ASSESSMENT). 655 father is deceased, if her whole estate, real and personal, not of five hundred otherwise exempted from taxation, does not exceed in value the G. sn, ~5. sum of one thousand dollars. Cattle, &c. Eleventth. Mules. horses, and neat cattle, less than one year Ibid.~5. old; and swine and sheep less than six months old. Twelfth. The polls and estates of Indians.1 Indians. Thirteenth. The polls and any portion of the estates of persons Ibsd est~es Polls and estates who, by reason of age, infirmity and poverty are, in the judgment of persons unable of the assessors, unable to contribute fully towards the public to pay. Ibid. ~ 5. charges. 6. The location of a railroad not more than five rods wide is Location ofrailroads. exempt from taxation..3, 19 20. G. S. 63, ~~ 19, 20. 7. No tax shall be levied upon the Collateral Loan Company 4 Met. 564. 8 Cush. 237. for any year prior to the year eighteen hundred and seventy-five. i Allen, 199. 8. In all cases where lands belonging to the commonwealth Collateral Loan Company. are or have been sold by the commissioners of public lands, and IsGg,. 42, ~..' agreements for deeds are or have been given by said commission- Lands sold by ers the land shall be free from taxation for the space of three Slate to be taxed t years, unless previously built upon or otherwise improved by the years. purchasers or their assigns; and upon the expiration of three 7,.01,~ years from the date of such sale, such lands shall be taxable to the purchasers thereof, or their assigns, in the same manner and to the same extent as if deeds of the same had been executed and delivered. WHERE POLLS AND PROPERTY SHALL BE ASSESSED. 9. The poll tax shall be assessed upon each taxable person, Poll tax, where in the place where he is an inhabitant, on the first day of May assessed. G. S. 11, ~ 6. in each year, except in cases otherwise provided for by law. The 5Pick. 369. poll tax of minors liable to taxation shall be assessed to, and in Met. 29 50. the places of the residence of, the parents, masters, or guardians 4Met. 181. 11 Cush. 362. having control of the persons of such minors; but if a minor has 12Cush. 44, 2, 4. no or,, 11cr- 2 Gray, 484. no parent, master, or guardian within this State, he shall be per- 3 ray, 484. 9 Gray, 493. sonally taxed for his poll, as if he were of full age. The poll tax 7 Gray, 299. of every other person under guardianship shall be assessed to his 9 Gray, 357. guardian in the place where the guardian is taxed for his own poll. 4 Allen, 177. 10. A taxable person in a city or town on the first day of May, Person to be taxed who, when inquired of by the assessors thereof, refuses to state whlere hedesignates where he considers his legal residence to be, shall, for the purpose cles le to be.si of taxation, be deemed an inhabitant of such place. If, when so; S. 11, ~ 7. inquired of, he designates another place as his legal residence, said assessors shall notify thle assessors of such place, who, upon 1 But see St. 1869, ch. 463, making Indians citizens. 656 TAXES (ASSESSMENT). G.s.11,~ 7. receiving the notice, shall tax such person as an inhabitant of their city or town. But such person shall not be exempt from the payment of a tax legally assessed upon him in the city or town of his legal domicile. Supplementary 11. When any person, on or before the fifteenth day of Septaxation of polls. 1868, c211,~2. tember in any year, gives notice in writing, accompanied by 1869, c. 443. satisfactory evidence, to the assessors of a city or town, that he was, on the first day of May of that year, an inhabitant thereof, and liable to pay a poll tax, and furnishes, under oath, a true list of his polls and estate, both real and personal, not exempt from taxation, the assessors shall assess him for his polls and estate; but such assessment shall be subject to the provisions of chapter one hundred and twenty-one, of the acts of the year one thousand eight hundred and sixty-five; and the assessors shall, on or before the first day of October, deposit with the clerk of the city or town a list of the persons so assessed. The taxes so assessed shall be entered in the tax list of the collector of the city or town, and he shall collect and pay over the same in the manner specified in his warrant. Soldiers and sailors 12. Whenever any person shall make application to the and vote on pay assessors of any city or town of this commonwealth, to be mentoftax. assessed a poll tax for the then current year, and it shall appear 86, c.68, ~. that such applicant was, on the first day of May preceding, a resident of said city or town and liable to pay a poll tax therein, but was not assessed therefor, and that such applicant is, or has been during any portion of the two years preceding such application, engaged in the military or naval service of the United States, it shall be the duty of such assessors forthwith to assess such tax, and notify the treasurer of such city or town of the same, and the person so assessed shall, upon payment of said tax, be entitled to the right to vote in said city or town to the same extent as if his taxes had been assessed and paid in the manner heretofore provided by law. Assessors to notify 13. When any person liable to be taxed for personal property other towns wihere parties changer shall have changed his domicile, it shall be the duty of the domicile. assessors of the city or town where he resides to require forthwith 1866, c. 170, ~ 1. of the assessors of the city or town where such person was last taxed as an inhabitant, such written statement of any facts within their knowledge as will assist in determining the value of the personal estate of such person, and also the amount he was last assessed in such city or town; and such information shall be furnished by the assessors of the city or town where he was last taxed or assessed. Duties after recep- 14. When the assessors of any city or town shall have received tio o tic. notice from the assessors of any other city or town within the Ibid. 1 2. TAXES (ASSESSMENT). 657 commonwealth of the amount at which a person, having been 1S6, c. 170, ~ 2. an inhabitant thereof, was last taxed on personal property, such notice shall be filed in their office, subject to public inspection; and they shall not assess such person upon any less amount of personal estate than he was last assessed, until he shall have brought in to such assessors a list of his personal estate, in accordance with the provisions of the twenty-second and twentythird sections of the eleventh chapter of the General Statutes. 15. Any inhabitant of this commonwealth who shall escape renaltyfor contaxation by wilfully and designedly changing or concealing his cealmen ofresiVy 111) I'D n IIJ-~~~LLLJ CVLI~L ~V~-'~ 3 deuce. residence, or by any other act, with the intent so to escape, 14, c.172, ~ 1. shall be liable, upon conviction therefor, to pay a fine of twice the amount of the last tax paid by such person; or if he shall have paid no tax in this commonwealth, a fine of not less than one hundred, nor more than five thousand dollars. 16. Any person offending against the provisions of this act Jurisdiction of offence. may be indicted and tried in any county where any of the acts or Ibidc. 2 things made criminal by this act are cone, or in the county where such person is liable to taxation. 17. Taxes on real estate shall be assessed in the city or town Real estate,where where the estate lies, to the person who is either the owner or in ad to whom" I'~~~~~~~~~~~ 1 ~~~taxed. possession thereof on the first day of May. Mortgagors of real Ibid.~8. estate shall, for the purposes of taxation, be deemed owners until 4 Cus. 142. the mortgagee takes possession, after which the mortgagee shall 2 Gray, 185. -17) In 7 7 Gray, 127, 277. be deemed the owner. 18. When a tenant paying rent for real estate is taxed therefor, Tenant may rehe may retain out of his rent the taxes paid by him, or may recover txeer pafid ndless the same in an action against his landlord, unless there is an &c. G. S. 11, ~ 9. agreement to the contrary. 19. The undivided real estate of a deceased person may be Real estate of perassessed to his heirs or devisees, without designating any of them 6bl deeasedt hay by name, until they have given notice to the assesscrs of the divi- &k. One liable for sion of the estate, and the names of the several heirs or devisees; whole, witl right to and each heir or devisee shall be liable for the whole of such tax, contribution. G. S. 11, ~ 14. and when paid by him he may recover of the other heirs or devisees their respective portions thereof. 20. The real estate of a person deceased, the right or title to Real, estate of dewhich is doubtful or unascertained by reason of litigation con- easedlr ttle cerning the will of the deceased, or the validity thereof, may be Ibid. ~ 11. assessed il general terms to the estate of the deceased; and said tax shall constitute a lien upon the land so assessed, and may be enforced by the sale of the sane, or a part thereof, as provided for enforcing other liens for taxes on real estate. 1 Chap. 172, 1861. 658 TAXES (ASSESSMENT). Personal estate 21. All personal estate, within or without this State, shall be taxed where own-..... er resides. nassessed to the owner in the city or town where he is an inhabiG.. 11, ~ 12. tant, on the first day of May, except as follows: 6 Pick. 98. 1 Met. 242, 250. First. All goods, wares, merchandise, and other stock in trade 4 Cush. 546. (except ships or vessels owned by a copartnership), including 11 Cush. 362. 3 Gray, 494. stock employed in the business of manufacturing, or of the mecha7 Gray, 27. mnic arts in cities or towns within the State, other than where the 9 Allen, 246. 14 Allen, 366. owners reside, whether such owners reside within or without this Stock in trade, &c., State, shall be taxed in those places where the owners hire or employed in other towns. occupy manufactories, stores, shops, or wharves, whether such G..~11,12. property is within said places, or elsewhere, on the first day of 4 Met. 186. 4 Cush. 543. May of the year when the tax is made.' I0 cush. 65. 6 Gray, 179. Second. All the machinery employed in any branch of manu13 Gray, 488. factures, and belonging to a person or corporation, shall be Machinery, where assessed where such machinery is situated or employed; and, in taxed, &c. G.. 11, ~ 12. assessing the stockholders for their shares in any manufacturing Met 186.2,' 174. corporation, there shall first be deducted from the value thereof, 12 Alen, 75, 316. the value of the machinery and real estate belonging to such corporation. Horses, &c. Third. Horses, mules, neat cattle, sheep, and swine, kept G. S. 11. ~ 12. 8 Allen, 330. throughout the year in places other than those where the owners reside, whether such owners reside within or without this State, and horses employed in stages or other vehicles for the transportation of passengers for hire, shall be assessed to the owners in the places where they are kept. Propertyofpersons F ourth. Personal property belonging to persons under guarunder guardianship. dianship, shall be assessed to the guardian in the place where the 2 Gray, 494. ward is an inhabitant, unless the ward resides and has his home 4 Allen, 462. without the State, in which case it will be taxed to the guardian in the place where he is an inhabitant. Trust property, &c. Fifth. Personal property held in trust by an executor, adminisIbid. ~ 12. 5 Cush. 93. trator, or trustee, the income of which is payable to another per6 Gray, 132. son, shall be assessed to the executor, administrator, or trustee, in 6 Allen, 277. the place where such other person resides, if within the State and if he resides out of the State, it shall be assessed in the place where the executor, administrator, or trustee resides, and if there are two or more executors, administrators, or trustees, residing in different places, the property shall be assessed to them in equal portions in such places, and the tax thereon shall be paid out of said income. If the executor, administrator, or trustee, is not an inhabitant of this State, it shall be assessed to the person to whom the income is payable, in the place where he resides. 1 A vendor of United States revenue and postage stamps is not liable to taxation on his stock of stamps. Palfrey vs. City of Boston, S. J. C. 1869, not yet reported. TAXES (ASSESSMENT). 659 Sixth. Personal property placed in the hands of a corporation Property deposited or individual as an accumulating fund for the future benefit of G..TUm, ~a2. heirs or other persons, shall be assessed to such heirs or persons, 13 Allen, 267. if within the State, otherwise to the person so placing it, or his executors or administrators, until a trustee, is appointed to take charge of such property, or the income thereof. Seventh. The personal estate of deceased persons shall be Property of deassessed in the place where the deceased last dwelt. After the ceaed persons. appointment of an executor or administrator, it shall be assessed 5 Pick. 236. 4 Cush. 1. to such executor or administrator until he gives notice to the GALle, 277. assessors that the estate has been distributed and paid over to the 97 Mass. 32 parties interested therein. Before such appointment it shall be assessed in general terms to the estate of the deceased, and the executor or administrator subsequently appointed shall be liable for the tax so assessed in like manner as though assessed to him. 22. Property held by a religious society, as a ministerial fund, Property heldasa shall be assessed to the treasurer of the society. If such property bid..fund consists of real estate, it shall be taxed in the town where it lies; 19 Pick. 542. 12 Cush. 54. if it consists of personal property, it shall be taxed in the town where such society usually hold their meetings. 23. Personal property mortgaged or pledged shall, for the Personalproperty purposes of taxation, be deemed the property of the party who has iorbgaged, & the possession. 10 Met. 334. 10 Alien, 100. 24. Partners in mercantile or other business, whether resid- artnen,. Partners may be ing in the same or different places, may be jointly taxed under jointly taxed for their partnership name in the place where their business is car- Ibid.i~ 1"" ried on, for all the personal property employed in such business, 9 Cusl. 298. except ships or vessels. If they have places of business in two or ay more towns, they shall be taxed in each of such places for the proportion of property employed therein. When so jointly taxed each partner shall be liable for the whole tax. 25. Ships or vessels owned by a copartnership shall be assessed ships of copartto the several partners in their places of residence, proportionally "ners asessed to their interests therein. side. Ibid. ~ 16. 10 Gray, 97 MANNER OF ASSESSING TAXES. 26. When a State tax is to be assessed, the treasurer shall send Warrants for State his warrants for the assessing thereof by mail to the assessors of sesors by mail. the several cities and towns in the commonwealth. 1867, c. 1G, ~1. Ibid. ~ 17. 27. The assessors shall assess State taxes for which they By what rules all receive warrants from the treasurer, according to the rules pre- taxes to be aascribed in this chapter. They shall, in like manner, assess all sesed. county taxes which are duly certified to them, all city or town~Ibid. ~ 18. county taxes which are duly certified to them, all city or town 12 Met. 178. 660 TAXES (ASSESSMENT). G. s. 11, ~ 1. taxes voted by their places, and all taxes duly voted and certified by school districts therein. l Penalty if asses- 28. If the assessors of a city or town neglect to obey a warsors refuse to obey warrant. rant so received from the treasurer, or to assess such a county, In such case con- town or district tax, each assessor so neglecting shall forfeit a sum missioners to ap- point. not exceeding two hundred dollars; and the commissioners in the Ibid. ~19. respective counties shall forthwith appoint other suitable persons to assess such tax, according to the warrant of the treasurer. The persons so appointed shall take the same oath, perform the same duties, and be liable to the same penalties, as are provided in the case of assessors of towns. Town, &c., liable 29. If, within five months after the receipt of a warrant from for State or county tax not assessed. the State treasurer, or a certificate from the county commissioners Ibid. ~ 20. requiring the assessment of a tax, the same is not assessed and certified as the law requires, the amount of the tax may be recovered of the city or town where the neglect occurs, in an action of contract by the treasurer of the State or county respectively. Kieces v Keepers of tavern, 30. K ps and boarding-houses, and masters &e., to give names of per sogs taxable. and mistresses of dwelling-houses, shall, upon application of an elnalty. assessor in the place where their house is situated, give informaIbid. ~ 21. tion of the names of all persons residing therein, and liable to be assessed for taxes. Every such keeper, master, or mistress, refusing to give such information, or knowingly giving false information, shall forfeit twenty dollars for each offence. Assessors to give 31. Before proceeding to make an assessment, the assessors notice to bring i lists of polls shall give seasonable notice thereof to the inhabitants of their d property. respective places, at any of their meetings. or by posting up, ibid. ~ 22. r ev 12IMet. 211. in their city or town, one or more notifications in some public o Cush. 97. 8 Cush. 55. place or places, or by some other sufficient manner. Such notice S Gray, 509. shall require the inhabitants to bring in to the assessors, within i Allen, 199. a time therein specified, true lists of all their polls and estates, both real and personal, not exempted from taxation.2 May verify lists by 32. The assessors shall, in all cases, require a person bringing oath of the party., 1UOO G.. 11, ~ 23. in such a list, to make oath that the same is true; which oath may 1 Allen, 199. be administered by either of the assessors. To make cash val- 33. The assessors of each place shall, at the time appointed, uation. Ibid. ~24. make a fair cash valuation of all the estate, real and personal, 4 Gray, 254. subject to taxation therein. To receive lists as 34. They shall receive as true the list brought in by each true, unless, &c. Ibid. ~25. individual, according to the provisions of this chapter, unless 12 Met. 1. on being thereto required by the assessors, he refuses to answer 8 Cush. 64. 10 Allen, 100. 1 Section 17, chap. 11, G. S. repealed by chap. 166, 1867. 2 See ~ 40, post. TAXES (ASSESSMENT). 661 on oath all necessary inquiries as to the nature and amount G.s.11, ~ 25. of his property. 35. Whoever shall deliver or disclose to any assessor or assist- Penalty formakant-assessor of taxes, elected or appointed in pursuance of the ing false rteturs to laws of this commonwealth, any false or fraudulent list, return or 1869, c. 190. schedule of property, as and for a true list of his estates, real and personal, not exempted from taxation, with intent thereby to avoid the lawful assessment or payment of any tax, or with intent thereby to defeat or evade the provisions of law in relation to the assessment or payment of taxes, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in jail not exceeding one year. 36. Any person who in any way, directly or indirectly, pro- Penalty for agreeposes or agrees to an assessment on any specific or limited ing to assessment on limited amount, amount less than he is liable by law to be taxed for, with &c., with view to a view, or as an inducement, to make any particular place his Gsidele~ sC. residence for the purpose of taxation, shall be punished by fine of one thousand dollars; and any assessor guilty of making or assenting to any such proposal, shall be subject to a like penalty. 37. They [the assessors] shall ascertain as nearly as pos- Assessors shall sible the particulars of the personal estate, and of the real make ainstmarent estate in possession or occupation, as owner or otherwise, of brought in. Ibid. ~ 27. any person who has not brought in such list, and make an 8Cusd. 63. estimate thereof at its just value, according to their best in- 2Alen,594. formation and belief. 38. Such estimate shall be entered in the valuation, and To be conclusive unless, &c. shall be conclusive upon all persons who have not seasonably Ibid.~28. brought in lists of their estates, unless they can show a reason- 5 Cush. 97. 8 Cush. 63. able excuse for the omission. 39. When the assessors of a city or town have given notice to No taxtobe abted the inhabitants thereof to bring in true lists of all their polls and u"nlesein excess of filty per cent of estates, not exempt from taxation, in accordance with the provi- real value. sions of the twenty-second section of the eleventh chapter-of the ~ General Statutes, they shall not afterwards abate any part of the tax assessed on personal estate to any person who did not bring in such list within the time specified therefor in such notice, unless such tax exceeds, by more than fifty per centum, the amount which would have been assessed'to that person on personal estate if he had seasonably brought in said list; and if said tax exceeds, by more than fifty per centum, the said amount, the abatement shall be only of the excess above the said fifty per centurn; provided, however, that this act shall not affect any person who can 56 662 TAXES (ASSESSMENT). 1865, c. 121, ~ 1. show a reasonable excuse for not seasonably bringing in said list. State, county, and 40. The assessors, when they think it convenient, may include town taxes in one assessment. in the same assessment their State, county, and town taxes, or G. S. 11, ~2. any two of them. County and city 41. In the city of Boston, all taxes assessed for city or county taxes in Boston, how assessed. purposes may be assessed separately, as county taxes and as city Chelsea, &c., taxes, or under the denomination of city taxes only, as the city exempt. Ibid. ~30. council from time to time directs. Chelsea, North Chelsea and 21 Pick. 64. Winthrop shall not be taxed for county purposes. Proportions to be 42. The assessors shall assess upon the polls, as nearly as may assessed on polls and property. be, one-sixth part of the whole sum to be raised; but the whole Ibid. ~31. poll tax assessed in one year upon an individual for town, county 1862, c. 158. 9 Gray, 38. and State purposes, except highway taxes separately assessed, 1 rale, 42. shall not exceed two dollars; and the residue of such whole sum shall be apportioned upon property, as provided in this chapter. Assessors may add 43. They may add to the amount of a tax to be assessed such five per cent for convenience of ap- sum, not exceeding five per cent thereof, as any fractional divisions portionment. of the amount may render convenient in the apportionment. Ibid. ~ 32. Assessors to deposit 44. They shall make a list of the valuation and the assessment a copy of valuation thereon, and, before the taxes assessed are committed for collecin office. I Ibid. ~33. tion, shall deposit the same, or an attested copy thereof, in their 2 Gray, 298. 2 Alen,594. office, or, if there is no office, with their chairman, for public See ~ 67. inspection. Wthat sall ben- 45. The first part of the list shall exhibit the valuation and tamned in valuation. assessment of the polls and estates of the inhabitants assessed; bid. ~ 34. and shall contain, in separate columns, the following particulars, to wit: The estates of The names of the inhabitants assessed; and opposite to their inhabitants. Ibid. ~ 34. names, 21 Pick. 64. The number of polls. The amount of their poll tax. The description of their real estate. The true value of their real estate. The tax assessed on such real estate. The description of their personal property. The true value of their personal property. The tax on their personal property. The sum total of each person's tax. The second part shall exhibit the valuation and assessment of the estates of non-resident owners; and shall contain, in separate columns, the following particulars, to wit: The estates ofnon- The names of the non-resident owners of the property assessed, residents. or such description of them as can be given. Their places of abode, if known. TAXES (ASSESSMENT). 663 The description of their estate. G.. 11, ~ 34. The true value of such estate. The tax thereon. 46. The tax list submitted to the collectors shall be in sub- Form of tax list for collectors. stance as follows: Ibid. ~ 35. 9 Pick. 97.. 2 Gray, 298. Names. |No. of Polls. Poll Tax. |Real Estate. Personal Property. Tota when paid. NON-RESIDENTS. Names. Places of abode, if known. Tax. 47. The assessors or other persons empowered to assess the Valuationlisttobe taxes in a city or town, shall, at the close of said valuation list, sworn to by sses subscribe and take the following oath: Ibid. ~36.' We (the assessors, or mayor and aldermen, as the case may be, of,) do hereby solemnly swear that the foregoing list is a full and true list of the names of all persons known to us, who are liable to taxation in (here insert the name of the city or town,) during the present year; and that the real and personal estate contained in said list, and assessed upon each individual in said list, is a full and accurate assessment upon all the property of each individual, liable to taxation, at its full and fair cash value, according to our best knowledge and belief." 48. Any assessor, or other person, assessing taxes in a city or Penalty on assessors omitting to town, who omits to take and subscribe the oath prescribed in the take oath. preceding section, shall be punished by a fine of ten dollars; but Ibid.~37. the omission to take and subscribe said oath shall not prevent the collection of a tax otherwise legally assessed. 49. The assessors shall, within a reasonable time, commit said Assessors to com-?I7~~~~~~ IX~~~~~~ ~ mit lists to collectax list, with their warrant, to the collector, or if no collector is tors, &c. chosen, to a constable, or if there is no constable, to the sheriff or Ibid. e38. his deputy, for collection. 6 Gray, 387, 502. 50. The warrant shall specify the duties of the collector as Contents and form of warrant. prescribed by law in the collection of taxes, the times when, and Ibid. ~ 39. the persons to whom, he shall pay them in, shall be substantially 6 Met. 328 in the form heretofore used, and need not be under seal. 13 Met. 85. 51. When a warrant issued for the collection of taxes is lost If warrant is lost, &c., new one may or destroyed, the assessors may issue a new warrant therefor, issue. which shall have the same force and effect as the original warrant. Ibid. ~ 40. 52. Towns, at their annual meeting, and city councils of cities, Discounts. Ibid. ~ 41. may allow a discount of such sums as they think expedient to 2 Allen, 594. persons making voluntary payment of their taxes within such periods of time as they prescribe. In such case, the collectors shall make such discount accordingly. 53. When such discount is allowed, the assessors, at the time Discount rates to 664 TAXES (ASSESSMENT). be posted up. of committing their warrant to the collector, shall post up, in one G. S.11, ~40. or more public places within the city or town, notice of the rates of discount. Abatements. 54. Any person aggrieved by the taxes assessed upon him, Ibid. ~ 43.* may apply to the assessors for an abatement thereof; and, if he makes it appear that he is taxed at more than his just proportion, they shall make a reasonable abatement. costs before abate- 55. If legal costs have accrued before making such abatement, ment, &c. Ibid. ~ 44. the person applying for the abatement shall pay the same. See ~50. 56. If the assessors refuse to make an abatement to a person, If assessors refuse to abate, &c. he may, within one month thereafter, make complaint thereof to Ibid. ~ 45. the county commissioners by filing the same with their clerk; 6 Pick. 98. 7 Cush. 273. and if, upon a hearing, it appears that the complainant is over 8 Cush. 55. rated, the commissioners shall make such an abatement as they 8 Gray, 509. may deem reasonable. No abatement un- 57. No person shall have an abatement unless he has filed I ess, &c. Ibid.~46.t with the assessors a list subscribed by him of his estate liable to taxation, and made oath that it is full and accurate according to his best knowledge and belief. When such list is not filed within the time specified by the assessors for bringing it in, no complaint from the judgment of the assessors shall be sustained by the county commissioners, unless they are satisfied that there was good cause why such list was not seasonably brought in. To be applied for 58. No abatement shall be allowed to a person unless he makes within six months Ibid. ~ 47. application therefor within six months after the date of his tax bill. If tax is paid, 59. A person having an abatement made, shall, if his tax has amout of p abiaut been paid, be reimbursed out of the treasury of the city or town of town treasury. to the amount of the abatement allowed, together with all charges, Ibid. ~ 48. 3 Allen, 546. except the legal costs provided for in section fifty-five. Party entitled to 60. Every person whose tax is abated, shall be entitled to a certificat. certificate thereof from the assessors, or clerk of the commisIbid. ~ 49. sioners, or other proper officer.1 Assessors to be 61. The assessors shall not be responsible for the assessment responsible only of a tax in a city, town, parish, religious society, or school district, for fidelity, &c. Ibid. ~ 1. for which they are assessors, when such tax is assessed by them Pick. 3498. in pursuance of a vote for that purpose, certified to them by the 3 Pick. 451, 498. 7 rick. 106. clerk or other proper officer of such city, town, parish, religious 21 Pick. 382. 4 Met. 599. society, or school district, except for the want of integrity and 11 Met. 339. fidelity on their own part. 4 Cush. 488. 4 Gray, 42. 98 Mass. 469. * 6 Pick. 98; 12 Pick. 7; 21 Pick. 64; 2 Gray, 494; 13 Gray, 321; 3 Allen, 546; 13 Allen, 119; 9 Met. 99, 205; 5 Gush. 93; 7 Cush. 273; 8 Cush. 55, 66. t 4 Pick. 399; 5 Pick. 451, 498; 7 Pick. 106; 21 Pick. 382; 4 Met. 599; 11 Met. 339; 5 Gnsh. 97; 6 Gush. 477; 8 Cush. 63; 5 Gray, 365; 8 Gray, 509; 13 Gray, 321; 1 Allen 199; 3 Allen, 546. 1 Section 50, chap. 11, G. S. was repealed by chap. 206, 1865. TAXES (ASSESSMENT). 665 62. Each assessor shall be paid, by his city or town, one dollar Pay of assessors. and fifty cents a day, for every whole day that he is employed in G. Se, ~ 52 3 Met. 431. that service, with such other compensation as the city or town shall allow. REASSESSMENT OF TAXES. 63. Every tax, except a poll tax, which is invalid by reason of Taxesinvalid,&c. any error or irregularity in the assessment, and which has not except epoll taxes may be reassessed. been paid, or which has been recovered back, may be reassessed Ibid. ~ 53. 13 Allen, 269. by the assessors -for the time being, to the just amount to which, 13 Alle, 26 and upon the estate or to the person to whom, such tax ought at first to have been assessed, whether such person has continued an inhabitant of the same city or town, or not. ILLEGAL ASSESSMENTS. 64. If; through any erroneous or illegal assessment or appor- Tax to be void to tionment of taxes, a party is assessed more or less than his due extentofllegal excess. proportion, the tax and assessment shall be void only to the Ibid. ~54. See G. S.c. 12, extent of the illegal excess. See G.. c. 12, ESTATES OMITTED. 65. When the assessors of any city or town, after the time Estates omitted, when their warrant has been committed to the collector of taxes, whe may be shall discover that the real or personal estate of any person, to an 1868, c. 320,~1. amount not less than five hundred dollars, and liable to taxation, has been omitted from the last annual assessment of taxes in such city or town, said assessors shall proceed forthwith to assess such person for such estate in like manner as he should have been assessed in such. last annual assessment. The taxes so assessed shall be entered in the tax list of the collector of the city or town, and he shall collect and pay over the same in the manner specified in his warrant; provided, that such tax shall not be assessed after the first day of August for any such omission. 66. No tax of any city or town shall be invalidated by reason General tax not to that, in consequence of the provisions of this act, the whole amount be afected. Ibid. ~ 2. of the taxes assessed in such city or town shall exceed the amount authorized by law to be raised. VALUATIONS AND RETURNS OF ASSESSORS. 67. The secretary of the commonwealth shall furnish to each Secretary ofstate of the cities and towns in the State, on or before the first day of to furish books to May in each year, suitable blank books for the use of the assessors form tables. of said cities and towns in the assessment of taxes, which books ~, c41674, o1. 56* 666 TAXES (ASSESSMENT). 1861, c. 167, ~. shall contain blank columns, numbered from one to twenty-seven inclusive, with uniform headings for a valuation list, and blank tables for aggregates.1 Assessors shall en- 68. The assessors in each of the several cities and towns ter in books valu- ation and assess- shall enter, in the books furnished in accordance with the proyiments. sions of the preceding section, the valuation and assessment of the polls and estate of the inhabitants assessed, in the following order: In column number one. The names of the inhabitants or parties assessed for polls or estate. In column number two. The number of polls for which any person named in the preceding column is taxable. in column number three. Total amount of cash tax on polls. In column number four. The amount of each person's whole stock in trade, including all goods, wares, and merchandise, at home or abroad, of ratable estate, whether paid for or otherwise. In column number five. A description of all ratable cash assets, viz: Amount of money at interest more than the person assessed pays interest for, including public securities; the amount of money on hand, including deposits in any bank, or in any savings bank, which is not exempted by law from taxation; the number of shares of stock which are taxable, with the name of the corporation, in any bank, railroad, insurance, manufacturing, or other incorporated company. In column number six. The true ratable value of the several items enumerated in the preceding column, placed opposite the description of said property or shares. In column number seven. The true value of machinery used in all kinds of manufacturing establishments, including steamengines, etc., the value of such machinery to be entered opposite the description of the building in which it is used. In columns number eight and nine. The whole number of taxable live stock, including horses, mules, asses, oxen, cows, steers, heifers, sheep, and swine; each kind to be stated separately, with the value affixed to each. In columns number ten and eleven. Description of all other ratable personal estate not before enumerated, such as carriages, income, plate, furniture, tons of vessels, etc., with the true value of the same. In column number twelve. The aggregate of each person's ratable personal estate. 1 See act of 1861, c. 167, ~ 1, for the "form" of the returns required. TAXES (ASSESSMENT). 667 In column number thirteen. The total tax on each person's per- Assessors' books, sonal estate. to contain what. 1861, c. 167, ~ 2. In coluomn number fourteen. Buildings of all kinds shall be described in the following order: Dwelling-houses; barns; shops of all kinds, naming their uses; stores; warehouses; distil-houses; breweries; tanneries and other manufactories of leather; rope-walks; grist-mills; saw-mills; steam and other mills not above enumerated; cotton factories, with the number of spindles and looms used in the same; woollen factories, with the number of sets of cards used in the same; linen factories, with the number of spindles and looms; print works; bleacheries; gas works; paper-mills; card factories; boot and shoe factories; India-rubber factories; carriage and car factories; piano-forte and musical instrument factories; sewing-machine factories; chair, pail, tub, and other wooden-ware factories; oil factories; glass factories; all kinds of iron and brass works, and other buildings not above named. In column number fifteen. True value of buildings enumerated in the preceding column placed opposite the description of the same, including water-wheels; such value to be exclusive of land and water power, and of the machinery used in said buildings. In columns number sixteen, seventeen, and eighteen. A description, by name or otherwise, of each and every lot of land assessed, the same placed opposite the name of the person or party to whom it is taxable, with the number of acres or feet in each lot, the number of quartz sand beds, of stone quarries and ore beds, and the true value thereof. In columns number nineteen and twenty. The number of superficial feet of wharf, and the total value of the same. In column number twenty-one. The aggregate value of each person's taxable real estate. In column number twenty-two. The total tax on real estate. In column number twenty-three. The aggregate cash tax assessed to each person on polls, personal and real estate. In columns number twenty-four, twenty-five, twenty-six, and twenty-seven. The amount assessed for highway tax; on polls; on personal estate; on real estate; and the aggregate of the same. 69. The assessors shall fill up the table of aggregates, by an Assessorsto fill up enumeration of the necessary items included in the list of valua- tables, &c. and send copy to the tion and assessments required by the preceding section, and shall, secretary of state. on or before the first day of October, in each of the first four Ibid. ~3. years of each decade, deposit in the office of the secretary of the commonwealth, an attested copy of the same, containing,First. The total number of polls. 668 TAXES (ASSESSMENT). 1861, c. 167, ~ 3. Second. The totaltaxonpolls. Third. The total value of, and tax on, personal estate. Fourth. The total value of, and tax on, real estate. Fifth. The total tax for State, county, and town purposes, including highway tax. Sixth. The rate per cent of total tax. Seventh. The total valuation of the eity or town. Eighth. Total number of dwelling-houses assessed. NXinth. Total number of horses assessed. Tenth. Total number of cows assessed. Eleventh. Total number of sheep assessed. Twelfth. The total number of acres of land assessed in the city or town. Subsequent re- The assessors shall make similar returns in the first four turns to be made byassessors. years of the last half of each decade; and in every fifth and Ibid. tenth year of each decade, they shall deposit, in the office of the secretary of the commonwealth, on or before the first day of October, a certified copy, under oath, of the assessors' books of those years; and said books, thus deposited, shall contain an aggregate sheet, properly filled in accordance with the provisions of this act, which shall be in like manner certified by the assessors; and in every fifth and tenth year of each decade, the secretary shall furnish duplicate copies of blank books to the cities and towns for the foregoing purpose; provided, however, that in the case of the city of Boston, the returns, required by this section to be deposited in the office of the secretary, may be thus deposited on or before the first day of November, in the several years respectively. Secretary shall 70. The secretary of the commonwealth shall cause to be furnirsahbooks, &, printed and bound in the books to be furnished for the use and cause returns to be printed. of the assessors, a copy of this act, and such certificates as Ibid. ~ 4. 4 are required by the same and by the General Statutes to be signed by the assessors, together with such explanatory notes as may by him be deemed expedient, for the purpose of securing uniformity of returns under the several headings; and he shall compile and cause to be printed annually, for the use of the legislature, the aggregate returns from the cities and towns in the commonwealth, arranged by counties, so as to exhibit the total valuation of the towns, cities, counties, and State. Penalty for neglect 71. If the assessors of any city or town shall neglect to comply ioasssss. with the requirements of sections sixty-eight and sixty-nine, each assessor so neglecting shall forfeit a sum not exceeding two hundred dollars. When there is a 72. Whenever'it shall have been ascertained by the assessors diminution in of any city or town that the aggregate values of their city or town, TAXES (ASSESSMENT). 669 respectively, have been diminished since the first day of May of yearly valuation, the preceding year, they shall return, with the table of aggregates cate, tbyraef to be stated by assessors. or books, which they are required by the act of the year one thou- 1864, c. 210, ~ 3. sand eight hundred and sixty-one, entitled " an act to secure a Se uniform description and appraisal of estates in the commonwealth, for the purposes of taxation," and the several acts in addition thereto, to deposit in the office of the secretary, a statement in writing, under oath, of the causes which, in their opinion, have produced such diminution. 73. If the assessors of any city or town shall neglect to Penalty for neglect comply with the requirements of this act, each assessor so neg- biadS.T~s4. lecting shall forfeit a sum not exceeding two hundred dollars. TAX ON BANK SHARES. 74. The assessors of every city and town in this common- Assessors of town wealth, in which any association for the purposes of banking, is or nhaving bak t obf shall be, established by authority of the United States, shall annu- shareholders. ally, between the first and tenth day of May, obtain from the 18i7, c. 288, ~1. proper officers of such association, a full and correct list of the names and residences of all shareholders in the association, and the number of shares held by each; they shall also ascertain the Also capital, value amount of the capital stock of such association, the par value, and oehares and esthe fair market value, of each share, and the amount and value of real estate held and owned by such association, and where the same is located; and transmit the same, on or before the fifteenth day of May, to the tax commissioner of the commonwealth. 75. It shall be the duty of said commissioner, on or before the Assessors of several towns to have twentieth day of June in each year, to transmit to the assessors copies. of the several cities and towns of the commonwealth, a true copy 1865, c. 242, ~ 2. 1867, e. 188, ~ I. of the list, and a correct statement of the other facts, required to be obtained in accordance with the first section of this act, and also of the returns made to said commissioner by the Mercantile Savings Institution of the city of Boston. 76. The assessors of each city and town in which any share- Shareholder to have shares inholder in such association resides, shall include all shares in such hluded ietax by associations held by persons resident and liable to taxation in said assessors of town. 1865, c. 242, ~ 3. city or town, in the valuation of the personal property of such 14Anlen, 3~'. person, for the assessment of all taxes imposed and levied in 99Mass.141. said town by authority of law, to be assessed at the same rate, and subject to the same deductions as shares of State banks and other moneyed corporations in the hands of the citizens of such city or town; provided, that no stock insurance corporation, Savings banks and savings bank, or institution for savings, incorporated under the stoek^is.r.enn to laws of this State, including the Mercantile Savings notInstitution, in laws of this State, including the Mercantile Savings Institution, in 7 ZD a-V~CIYL CIIL~ ~L~VV LIY 670 TAXES (ASSESSMENT). betaxed for shares the city of Boston, otherwise taxed under the laws of this State, in nationl banks. shall be taxed for its investments in the shares of national banks 1868, c. 349. ~ 4. within this commonwealth. Assessors ofBos- 77. The assessors of the city of Boston shall be entitled to lowed. to at have the time for the services and returns required by this act, 865, c. 242, ~ 5. extended for a period of twenty days from the respective dates therein fixed. Shares of stock in 78. All the shares of stock in banks, whether of issue or not, banks, ownedby existing by authority of the United States, or of this commonnon-residents, to be assessed where wealth, and located within the commonwealth, owned by non-resbanks are located. 1868, c. 349, ~. idents of this commonwealth, shall be assessed to the owners G. s.11. thereof in the cities or towns where such banks are located, and G. S. 51. not elsewhere, in the assessment of all taxes imposed and levied in such place by the authority of law, at the market value of such shares, on the first day of May of the year in which the tax shall be assessed, first deducting therefrom the proportionate part of the value of the real estate belonging to the bank, at the same rate, and no greater, than that at which other moneyed capital in the hands of citizens of such city or town, and subject to taxation, is by law assessed.' Tax to be lien 79. Any tax so assessed shall constitute a lien upon the shares uponbid. ~ s in respect to which such assessment is made, from the first day of May of the year in which the tax is laid, till the tax shall be paid. Collector may dis- SO. If any tax so assessed shall not be paid, the collector or otain,, if tax is other officer authorized to collect taxes, shall levy the same by Ibid. distraint, or by seizure and sale of the shares in respect of which G.. 12,, 1. the tax is assessed, in accordance with the provisions of law for the seizure and sale of shares in the capital stock of corporations existing under authority of this commonwealth, for non-payment of taxes; provided, that said collector shall, ten days at least before making such distraint or seizure, demand the amount of tax due and legal charges, at the usual place of business of said bank, by written or printed demand addressed to the stockholder and given to the cashier or other officer of such bank, upon whom service of legal process against such bank may by law be made, and no other demand shall be necessary. Shares of non-resi- 81. Assessors of any city or town in which any national bank dentsto be omitted or banking association is located for the purpose of ascertaining from the valuation pr upon which rate is the rate at which taxes shall be assessed, shall omit from the valubas24ed.2 5 ation upon which the rate is to be based, the value of all shares 1865, c. 242, ~ 5. held by non-residents of this State, and no tax of any city or town shall be invalidated by reason of any excess of the amount thereof 1 Decided to be constitutional in the cases of Jewell vs. Tracy, etc., S. J. C. 1869, not reported. TAXES (ASSESSMENT). 671 over the amount to be raised in consequence of the provisions of 1865, c. 242, ~ 5. this act. 82. It shall be the duty of the assessors to make return to the Assessors to make return of assess~ State treasurer of the assessment of the shares of non-residents mentu toSatate of this State in each bank, in their respective cities and towns, treasurer. within ten days after the assessment of the same; and it shall be the duty of the collector of each city or town to use his best endeavors to collect the taxes so assessed. The treasurer of each Town treasurers to pay over to State town or city shall, on or before the first Monday in December of trayuer, t Sctleach year, pay over to the State treasurer the amount of such tax lected, less cost of collectinig, &c. so collected, less the cost of assessing and collecting the same. And the State treasurer may offset amounts due and payable by any city or town to the State, under this act, against amounts due from the State to such town or city. RETURNS OF CORPORATIONS. 83. Every corporation established within this commonwealth, Corporations to register names of by special charter, or organized under the general laws thereof, esckl olersmnlke and having a capital stock, divided into shares, shall register the eturn to assessors, names and residences of all its shareholders; and all changes 1864, c. 201, ~ 1. therein of which it is notified; shall issue no certificate of stock See ~85, i'?.a' G. S. 08, ~ 20. to a shareholder, or purchaser of a share, until he informs the corporation of his actual place of residence; shall pay no dividend to a shareholder whose actual place of residence is unknown, or has become uncertain, until he informs the corporation thereof. 84. Any shareholder who, with intent to avoid taxation, fraud- Penalty on stockholders for frauduulently transfers a share of corporate stock, or fraudulently causes lent transfers, or procures a certificate of a share to be issued to any person other wrong information, &c., to avoid than himself, or in any name other than his own; or refuses to taxation. inform, or wilfully misinforms, the corporation respecting his 1864,. 201,~ 4 13 Gray, 539. name or residence; or, having changed his residence to another G.. 68, ~ 23. city or town in this commonwealth, wilfully omits to give notice thereof to any corporation in this commonwealth in which he is a shareholder, shall forfeit one-half of the par value of the shares so transferred, issued, or owned by him in the stock of such corporation, to be recovered by an action of tort to the use of the city or town in which he resides. 85. The assessors of the several cities and towns shall, Assessors to return annually, on or before the first Monday of August, return to the annually tn state treasurer names of tax commissioner hereinafter named, the names of all corporations, all corporations in town, &c. except banks of issue and deposit, having a capital stock divided tGnc.283, ~i. into shares, chartered by this commonwealth, or organized under G- S. 18, ~~ 51, 53. 1864, c. 208, ~ 1. the general laws, for purposes of business or profit, and established in their respective cities and towns, or owning real estate therein, 672 TAXES (ASSESSMENT). 1864, c. 208, ~ 1. and a statement in detail of the works, structures, real estate, and machinery owned by each of said corporations, and situated in such city or town, with the value thereof, on the first day of May preceding, and the amount at which the same is assessed in said city or town for the then current year. They shall also, at the same time, return to said tax commissioner the amount of taxes laid, or voted to be laid, within said city or town, for the then current year, for State, county, and town purposes, including highway taxes. hlares taxed here- 86. No taxes shall be assessed in any city or town for State under, to be exempt other tax: county, or town purposes, upon the shares in the capital stock of towns to receive said corporations; provided, however, that the shares of every corsum paid by residents. poration chartered by this commonwealth, or organized under the iCorporation etab- general laws, for the purpose of engaging, without the limits of lished by, or under 9 t n v laws of comlon the commonwealth, in the business of coal mining, or other minwealth, for nining, etc., elsewhere; or ing, quarrying, or extracting carbonaceous oils from the earth, or by other State, with for the purpose of purchasing, selling, or holding mines or lands office in Mass, to make semi-an.nual without the commonwealth; and of every such company or associreturn, and pay ation, incorporated elesewhere, and having an office or place of 1865, c. 283, ~15 business within the commonwealth for the direction of its affairs 186, c. 291,'~2 or transfer of shares, shall be included in the valuation of the 1866, c. 196. personal property of shareholders resident within the commonwealth for the assessment of all taxes imposed and levied by authority of law by cities and towns. And nothing in this section shall be construed to exempt the owners of shares in the capital stock of any corporation from liability to taxation for parish purposes. Penalties. 87. If the assessors of any city or town shall neglect to con1865, c. 283, ~ 14. ply with the requirements of this act,' each assessor so neglecting shall forfeit the sum of one hundred dollars; any guardian, executor, administrator, trustee, or copartnership neglecting to comply with said requirements, shall forfeit the sum of one hundred dollars. Tax commissioner 88. The tax commissioner shall, annually, on or before the to forward to assessorlists of all twentieth day of June, in each year, cause to be forwarded to the corporations taxa- assessors of every city and town in this commonwealth a list of all ble, &c. 1867, c.188, ~2. Massachusetts corporations known to him to be taxable on the 186, c. 283. first day of May next preceding said twentieth day of June, under chapter two hundred and eighty-three of the acts of the year eighteen hundred and sixty-five; and such other information in his possession as, in his judgment, will assist the assessors of the cities and towns in the assessment of taxes. Savings banks to 89. Every savings bank and institution for saving, incorporated pay tax of three- under the laws of this commonwealth, including the Mercantile Savings Institution in the city of Boston, shall pay to the 1 Chap. 283 of Statutes of 1865. TAXES (ASSESSMENT). 673 treasurer of the commonwealth a tax on account of its depositors quarters of one per of three-quarters of one per centum per annum on the amount of en ton deposits. its deposits, to be assessed, one-half of said annual tax on the G. s. 57, ~~ 135,155. 1862, c. 224, ~ 4. average amount of its deposits for the six months preceding the 18s3, c, 164. first day of May, and the other on the average amount of its de- 185, c. 267. posits for the six months preceding the first day of November. 90. Every corporation established within this commonwealth corporations to by special charter, or organized under the general laws thereof, make return ta assessors of certain which holds, on the first day of May, shares of stock in corpora- stocks and bonds tions other than those subject to taxation under the provisions of coel tasecurity. chapter two hundred and eighty-three, of the acts of the year one 1869, c. 444, ~ 1 thousand eight hundred and sixty-five, and acts in amendment thereof, or bonds of any description, as collateral security for borrowed money, or other liability, shall annually, between the first and tenth days of May, return to the assessors of each and every city and town the whole number of such shares and bonds so held, the names and residences of the persons pledging the same, and the number, denomination, and the par and cash market value, if known, of the shares and bonds pledged by each. 91. Any corporation neglecting or refusing to make the Penalty for neglect returns required by this act, or wilfully making a return which ndfo false return. ibid. ~2. is materially false or defective, shall forfeit for each offence a sum of not less than fifty, nor more than one thousand dollars, to be recovered by an action of tort to the use of any city or town in which a person pledging such stock or bonds resides. INTEREST. 92. In all cases where a time shall be fixed by any town or Cities may charge city within which taxes assessed therein shall be paid, interest, at interest on certain taxes. the rate of six per cent in all cases, or at a rate not exceeding one 1862, c. 146, 1. per cent per month, if at the meeting when money is raised or granted any town, or the city council of any city shall so vote, shall be charged upon all taxes which remain unpaid from and after the time so fixed until the'same shall be paid; and such interest shall be added to, and be considered a part of, such taxes; and all provisions of law relative to the collection of the original taxes shall likewise apply to the interest charged thereon under this act. POWER OF CITY COUNCI:I TO ASSESS TAXES. 93. The city council shall have power, from time to time, to Powers of the city lay and assess taxes for all purposes for which towns are by law council in relation to the assessment of required of authorized to assess and grant money, and also for all city and county purposes for which county taxes may be levied and assessed, so taxes. 57 674 TAXES (ASSESSMENT). 1821, c. 110, ~ 15. long as other towns in the county shall not be liable to taxation 822, c. 44 36 for county purposes. But in the assessment and apportionment of See ante, p. 16, ~36. all such taxes upon the polls and estates of all persons liable to Same rules to be observed, as isn re- contribute thereto, the same rules and regulations shall be oblation to town served as are now established by the laws of this commonwealth, or taxes. Charter, ante, p. 16, may be hereafter enacted, relative to the assessment and appor~36. tionment of town taxes. The said city council shall also have 1821, c. 110, ~ 13. City council may power to provide for the assessment and collection of such taxes, prvide for assess- and to make appropriations of all public moneys, and provide for of taxes. the disbursement thereof, and take suitable measures to insure a Charter, ante, pp. 16, 17, ~~ 36, 37. just and prompt account thereof; and for these purposes, may 3 Cush.o67. either elect such assessors and assistant assessors as may be needMay elect assessors, &c., or provide for ful, or provide for the appointment or election of the same, or same. any of them, by the mayor and aldermen, or by the citizens, as in their judgment may be most conducive to the public good, Charter, see ante, and may also require of all persons entrusted with the collection, p. 16, ~ o. custody, or disbursement of public moneys, such bonds, with such May require bonds. ibid. conditions and such sureties as the case may, in their judgment, require. Cities and towns 94. Cities and towns may, at legal meetings, grant and may grant money vote such sums as they judge necessary for the following poses. purposes: G. S. 18, ~ 10. 13 Mass. 272. For the support of town schools; 6 Pick. 101. For the relief, support, maintenance, and employment of the 7 Pick. 18. 11 Pick. 396. poor; 12 Pick. 22. For laying out, discontinuing, making, altering, and repairing 18 Pick. 566. 19 Pick. 485. highways and townways, and for labor and materials to be used 21 Pick. 64. thereon 23 Pick 71. thereon; 3 Met. 163. For procuring the writing and publishing of their town his10 Met. 508. 3 Cush. 530. tories; 10 Cush. 252. For burial-grounds; 4 Gray, 502. Alen, 103. For encouraging the destruction of noxious animals; 3 Allen, 9. For all other necessary charges arising therein. Cities may appro- 95. Any city, by vote of the city council thereof, in addition priate money for certain purposes. to the sums heretofore authorized by law to be raised and appro1861, c. 165, ~ 1. priated, may appropriate any funds in its treasury, or raise money by taxation, and appropriate the same for the providing of armories for the use of military companies, for the celebration of holidays, and for other purposes of a public nature; provided, that such appropriations shall be made by vote of twothirds of the members of each branch of the city council present, and voting by yea and nay vote, and that the amount of such appropriations made by any city, in any one year, shall not exceed one-fiftieth of one per cent of its valuation for the same year. TAXES (COLLECTION). 675 COLLECTION OF TAXES. 1. Every collector of taxes, constable, sheriff, or deputy Collectors to collect sheriff, receiving a tax list and warrant from the assessors, taxes. G. S. 12, ~1. shall proceed to collect the taxes therein mentioned, according 7 Gray, 128. to the warrant. 2. The collector shall, unless removed from office as here- To complete colinafter provided, complete the collection of taxes committed to letions though term expire. him, although his term of office expires before such completion. Ibid. ~2. 3. Collectors shall, before distraining the goods of a person Demandtobe for his tax. demand payment thereof from such person, either made. Ibid. ~ 3. personally, or at his usual place of abode, if to be found within i Met. 328. their precincts. 4. When the credit of a person taxed is considered doubtful When creditdoubtby the assessors, they may order the collector forthwith to ful, taxes may be collected forthcompel payment, by distress or imprisonment, whether the tax with. is made payable immediately, at a future day, by instalments, Ibid.~4. or otherwise. 5. If a person claims the benefit of an abatement, he shall Persons claiming exhibit to the collector demanding his taxes, a certificate of abalement must produce certificate. such abatement, from the assessors, or other proper officer, as Liable to costs. provided in chapter eleven of the General Statutes; and shall Ibe ate, p. 664, ~ be liable to pay all costs and officers' fees incurred before ex- 60. 9 Met. 504. hibiting such certificate. 6. If, in the assessors' lists, or in their warrant and list Errors in names committed to the collectors, there is an error in the name of notto defeatcolleca person taxed, the tax assessed to him may be collected of the Ibid. ~ 6. 6 Met. 474. person intended to be taxed, if he is taxable, and can be identified 7 Gray, 125. by the assessors. 97 Mass. 321. 7. If a person refuses or neglects to pay his tax, the collector Distress andsaleto shall levy the same by distress or seizure and sale of his goods, pay taxes excep including any share or interest he may have as a stockholder in a Ibid. ~7. corporation incorporated under authority of this commonwealth, 9 Met. 04. 11 Cush. 338. and excepting the following goods: 7 Gray. 133. The tools or implements necessary for his trade or occupation; beasts of the plough necessary for the cultivation of his improved lands; military arms, utensils for housekeeping necessary for upholding life, and bedding and apparel necessary for himself and family. 8. The collector shall keep the goods distrained, at the ex- Distress, how long pense of the owner, for four days at least, and shall, within kept, how advertised and sold. seven days after the seizure, sell the same by public auction, Ibid. ~S. 1 Met. 328. for payment of the tax and charges of keeping and sale, having 3 MIet. i8. given notice of the sale by posting up a notification thereof in I cuss1 338. given notice of the sale by posting up a notification thereof in n Cush 338. 676 TAXES (COLLECTION). G. s.12,~ 8. some public place in the city or town, forty-eight hours at least before the sale. Sale may be ad- 9. The collector may once adjourn such sale, for a time not journed once. Ibijoured 9. exceeding three days; he shall forthwith give notice of such adjournment, by posting a notification at the place of sale. Seizure of shares, 10. The seizure of a share or other interest in a corporation how made. Ibid.o ~ 0. may be made by leaving with any officer of the corporation, with whom a copy of a writ may by law be left when the share of a stockholder is attached on mesne process, an attested copy of the warrant, with a certificate thereon, under the hand of the collector, setting forth the tax which the stockholder is to pay, and that, upon his neglect or refusal to pay, the collector has seized such share or interest. sales of shares 11. The sale of such share or interest shall be made in the seized, how made. Ibizd. ~I.w manner prescribed by law for the sale of goods by collectors of 4Cush. 10. taxes in like cases, and also subject to the provisions of sections 11 Cush. 338. forty-six and forty-seven, of chapter one hundred and thirty-three, of the General Statutes, respecting sales on executions. Surplus to be re- 12. If the distress or seizure is sold for more than the tax and turned to owner. Ibid. ~12. charges of keeping and sale, the collector shall return the surplus 5 Gray, 530. to the owner, upon demand, with an account in writing of the sale and charges. After fourteen 13. If a person refuses or neglects for fourteen days after days, party may be imprisoned. demand to pay his tax, and the collector cannot find sufficient Ibid l. 13. goods upon which it may be levied, he may take the body of such 13 Met. 85. 2 Gray,298. person and commit him to prison, there to remain until he pays 7 Gray, 93. the tax and charges of commitment and imprisonment, or is dis13 Gray, 93. charged by order of law. Copy of warrant, 14. When the collector commits a person to prison, he shall j&ciletbeleftwt give the keeper thereof an attested copy of the warrant, with a Ibid. ~14. certificate thereon, under the hand of the collector, setting forth 4 Allen, 5. the sum which such person is to pay as his tax, with the cost of taking and committing him, and that upon his having neglected payment for fourteen days, or otherwise, as the case may be, and for want of goods whereof to make distress, he has taken his body. Persons imprison- 15. When a person committed to prison for the non-payment ed for ntaesay- of taxes, is unable to pay the same, he shall be entitled to his ment of taxes, how i discharged. discharge in like manner as persons committed on execution. Ibie. ~ 5.24 The notice required in such case to be given to the creditor, may 1862, c. 183, ~9. be given to either of the assessors or the collector by whom the See post, p. 685, ~65. party was committed. And the assessors and collector, or any of them, may appear and do all things which a creditor might do in case of arrest on execution. Collectors, when 16. If such person is dis scharged, the collector shall be liable liable to pay, &c. TAXES (COLLECTION). 677 to pay the tax, with the charges of imprisonment, unless he ar- G. s. 12, ~16. 3 Met. 152. rested and committed the party within one year after the tax was committed to him to collect, or unless he is exonerated therefrom by the city, town, or parish, to which the tax is due. 17. A collector, when resisted or impeded in the exercise of collectorsfmay demand aid. his office, may require any suitable person to aid him therein; and Penalty. if such person refuses to render such aid, he shall forfeit a sum Ibid. ~ 17 not exceeding ten dollars. 18. When a person, after the assessment of a tax upon him, Persons removing from collector's removes out of the precinct of the collector without paying his precinct, without tax, the collector may demand payment thereof wherever such paying. Ibid. ~ 18. person is found; and in default of payment, the collector may 23ick: 235. forthwith proceed to collect the tax, by making a distress, or by 15 Gray, 427. 5 Allen, 563. commitment of such person to the prison of the county where he is found; or the collector may issue his warrant to the sheriff of the county or his deputy, or to any constable of the place, where such person is found, directing them to distrain the property or take the body of such person, and to proceed therein, in like manner as required of collectors in like cases. 19. When a person taxed removes as aforesaid, or dies, or Remedy if persons neglects to pay his tax for one year after it is committed to the renove, &c., without paying. collector, or, being an unmarried woman, marries, before payment Ibid. ~ 19. 6 Mass. 44, of the tax, the collector may, in his own name, maintain an ac- 23Pick. 235 tion of contract therefor, in like manner as for his own debt, and 8 Met. 393. he may for that purpose in like manner have a process of foreign attachment against any trustee of such person. 20. When a tax is assessed upon the personal estate of a Remedy against deceased person, the collector may maintain an action of con- executors and administrators. tract therefor in his own name, as for his own debt, against the Ibid. ~ 20., executor or administrator; and if a tax is so assessed before the appointment of an executor or administrator, he may enforce it against the estate and its representative after such appointment, in like manner as if the assessment had been made subsequently thereto. 21. When a person is taxed for real estate in his occupation, Remedyagainst but of which he is not the owner, the collector, after demand of person.s who are not owners of the payment, may levy the tax by distress and sale of the cattle, real estate taxedto them. sheep, horses, swine, or other stock or produce of such estate, Ibid, ~21. belonging to the owner thereof, which within nine months after such assessment is committed to him shall be found upon the premises, in the same manner as if such stock or produce were the property of the person so taxed; but such demand need not be made if the person on whom the tax is assessed resided within the precinct of the collector at the time of the assess57* 678 TAXES (COLLECTION). G.. 12, ~ 21. ment, and subsequently removes therefrom and remains absent three months. Taxes tobe lien on 22. Taxes assessed on real estate shall constitute a lien real estate for two years, &c. thereon for two years after they are committed to the collector; Ibid. ~22. and may, with all incidental costs and expenses, be levied by sale 7 Pick. 15. 2 Gray, 185. thereof, if the tax is not paid within fourteen days after a demand of payment, made either upon the person taxed, or upon any person occupying the estate; but the collector may sell real estate for taxes after two years have elapsed, unless the estate has been alienated in the mean time. Taxes reassessed, 23. Taxes reassessed on real estate shall constitute a lien to be a lien, unless &Ceie. e thereon from the time they are committed to the collector; unless Ibid. ~23, the estate has been alienated between the first and second assessments; and may be levied as provided in the preceding section. Resident mort- 24. If a mortgagee of real estate, situated in the place of his gagee of real estate when to be called residence, previously to the assessment of a tax, gives written upon for taxes. notice to the clerk of such place that h hholds a mortgage thereon, ibid. ~ 24. z D ) with a description of the estate, the collector, before proceeding to sell it for non-payment of taxes, shall demand payment of said taxes of the mortgagee, as provided in section twenty-two. When non-resi- 25. If a mortgagee or non-resident owner of real estate, predent appoints at- torney, demand viously to the assessment of a tax, gives a written authority to how made. solle inhabitant of the place, as his attorney, to pay the taxes Ibid. ~ 2. imposed on such estate, and the authority is filed with, or recorded by, the clerk of the place, the demand of payment shall be made upon such attorney before the estate is sold; otherwise, no demand need be made of payment of taxes assessed on the real estate of non-resident owners. When made, col- 26. When a demand is made upon the attorney under the lector to wait two months. preceding section, the collector shall not advertise the sale of the Ibid. ~26. lands until two months from the time of such demand. Affidavit of collec- 27. The affidavit of a disinterested person, or the collector, tor, &c., evidence of demand. who makes a sale of land for the payment of taxes, taken before ibid. ~27. a justice of the peace and recorded by the clerk of the place where the land lies, before a sale is made, and stating the demand of payment of the tax, the person of whom, and the time and manner in which, it was made, shall be competent evidence of the demand. Sales of real estate, 28. The collector shall give notice of the time and place of how advertised. Ibid.~28. sale of real estate taken for taxes, by an advertisement thereof 8(02, c. 183, ~ 7. three weeks successively in some newspaper of the county where See ~ 35. 13 Gray, 77. the real estate lies, if there is such newspaper, and if not, then in a newspaper printed in an adjacent county; the last publication to be at least one week before the time of sale. Contents of adver- 29. The advertisement shall contain a substantially accurate tisement. TAXES (COLLECTION). 679 description of the several rights, lots, or divisions, of the estate, G.. 12, ~29. 4 Cush. 261. to be sold, the amount of the tax assessed on each, the names of 7 Cuh 503. all owners known to the collector, and the taxes assessed on their respective lands. 30. The collector shall, three weeks before the sale, post a Notices, how notice, similar to that required by the two preceding sections, in posted. Ibid. ~ 30. some convenient and public place in his precinct, and a like notice on the premises by him advertised to be sold, if any part thereof is bounded by a street, lane, court, or highway. 31. When real estate to be sold under the provisions of this When name of chapter, is situated in a place, the name of which has been changed plce han been by law within three years next preceding the sale, the collector Ibid. ~31. shall, in his advertisement and notices of the sale, designate such place by its former and present name. 32. The affidavit of a disinterested person, taken before a Affidavitofposting justice of the peace, of the posting and publishing notifications of bevidence, ift the sale of real estate by a collector or other officer for payment recorded. Ibid. ~ 32. of taxes, made upon one of the original advertisements, or a copy thereof. and filed and recorded in the registry of deeds of the county or district where the land lies, within six months after the sale, shall be competent evidence of such notice. 33. If the taxes are not paid, the collector, at the time and Sale by auction of place appointed for the sale, shall sell by public auction so ufficiet &c. much of the real estate, or the rents and profits of the whole 13 Gray, 77. 3 Allen, 535. estate for such term of time, as shall be sufficient to discharge SeeiSG2,c.S13,post, the taxes and necessary intervening charges; or he may at his 683,~~ 57, 66 option sell the whole or any part of the land; and after satisfying the taxes and charges, he shall, upon demand, pay the residue of the proceeds of the sale, if any, to the owner of the estate. 34. The collector may adjourn his sale, from day to day, not Collector may adexceeding seven days in the whole; and he shall give notice of jIbS'un &c. every such adjournment by a public declaration thereof, at the See ~57. time and place previously appointed for the sale. 35. The collector shall execute and deliver to the purchaser Deed to be given to purchaser, subject, a deed of the real estate, or rents and profits sold; which deed pc ct shall state the cause of sale, the price for which the estate or Ibid. ~35. 1862, c. 183, ~ 2. rents and profits were sold, the name of the person on whom See ~~58, 63. the demand for the tax was made, the places in the city or town 10 Pick. 559. 6 Gray, 551. where the notices were posted, the newspaper in which the adver- 7 Gray, 125. tisement of such sale was published, and the place of residence Al'en, 576. 10 Allen, 49. of the grantee; and if the real estate has been sold, shall convey, subject to the right of redemption provided for in the Ibllowing section, all the right and interest which the owner had therein When deed to be at the time when the same was taken for his taxes. Such recorded. 680 TAXES (COLLECTION). G.s.12,~35. deed to be valid shall be recorded within thirty days from the 2 Gray, 185. day of sale. Owner may redeem 36. The owner of real estate sold for payment of taxes, or his ithin two years, heirs or assigns, may, within two years from the day of sale, Ibid. ~36. redeem the estate sold, by paying or tendering to the purchaser, 1862, e. 183.' See ~~40,63. or his heirs or assigns, the sum paid by him, with ten per cent 1 Cush. 289. interest, and all necessary intervening charges; and when the 11 Gray, 410. 9 Mass. 44. rents and profits are sold for payment of taxes, the same may be redeemed at any time within two years in the manner provided for the redemption of rents and profits taken on execution. And in the following cases real estate so sold may be redeemed, by any person having such title thereto that he might have recovered the same if no such sale had been made, at any time within two years after he has actual notice of the sale: First. When no person is named in the tax list as the owner or occupant of the premises, they being taxed as belonging to persons unknown; Second. When the person who is named in said list is merely a tenant or occupant of the premises, and not the rightful owner thereof; Third. When there is any error in the name of the person intended to be taxed; Fourth. Mortgagees of record. How redeemed 37. If, upon reasonable search, the purchaser of real estate when purchaser cannot be found, sold for non-payment of taxes, cannot be found in the place of &c. which he is described in the collector's deed as resident, the owner Ibid. ~ 37. of the estate may redeem it as provided in the preceding section, on paying to the treasurer of the place in which it is situated, the amount which he would be required to pay to the purchaser; and the affidavit of any disinterested person of the making such search, taken before a justice of the peace and filed in the registry of deeds for the district or county in which the land is situated, within ninety days from the completion of the search, shall be competent evidence of the facts therein stated. Duty of treasurer. 38. Such treasurer shall receive the money and give to the Ibid. ~ 38. person paying it a certificate of such payment, specifying the estate on which the tax was originally assessed. The certificate may be recorded in the registry of deeds, with a note of reference from such record to the collector's deed; and, when so recorded, shall have the effect to release and discharge all right and title acquired under the collector's deed. The treasurer shall hold all money received by him under the preceding section, for the use and benefit of the persons entitled thereto; and shall pay it over on reasonable demand. Mortgageemay pay 39. After proceedings have been commenced for the sale of taxes on real estate TAXES (COLLECTION). 681 real estate for a tax assessed thereon, and before the sale is made, in certain cases. the holder of any mortgage thereon may pay such tax, with all G. S. 12, 39. ---- — y n` — ~' -— J --— 3-3 See ~ 36. intervening charges and expenses; and when the owner of real estate for three months after demand has neglected to pay such a tax, and the collector has made demand therefor upon a holder of a mortgage thereon, such holder may, in like manner, pay such tax, charges, and expenses. 40. The holder of a mortgage, upon taking possession of real He shall pay such taxes upon taking estate thereunder, shall be liable to pay all taxes due thereon, possess io. Entiand the expenses of any sale for taxes that has been commenced ted to deed on tender. or taken place; to be recovered of him in an action of contract by Ibid. ~.40. the collector, or, when a sale has taken place, by the purchaser; See ~ 36. 5 Allen, 65. and upon tender by the mortgagee to the purchaser, within the time provided for owners of real estate to make tender in section thirty-six, of the sum paid by him, with ten per cent interest, and all necessary intervening charges, such purchaser shall, at the expense of the mortgagee, execute and deliver to him a valid deed of assignment of all interest acquired by virtue of the tax sale. 41. For all sums paid to a collector by the holder of a mort- Mortgagee entitled to receipt for such gage, under either of the two preceding sections, the collector taxes paid to collecshall, upon demand, give him a receipt therefor, duly acknowl- tor. Maytack same to mortgage. edged; and such sums shall be added to, and constitute part of Ibid. ~41. the principal sum of the mortgage; and the mortgage shall not be redeemed, without the consent in writing of the holder, until such sums and interest thereon are paid; and such receipt, recorded in the registry of deeds for the district or county where the land lies, within thirty days from its date, shall be notice to all persons of the payment of such sums, and the lien upon the estate therefor. 42. In all cases of sale of real estate for the payment of taxes supreme j.udicial assessed thereon, the supreme judicial court shall have equity typotave equli powers, if relief is sought within five years from the sale. Ibid. ~42. 10 iet. 101. 43. When the tax list and warrant of the assessors is corn- Whentax lst &c mitted to the sheriff, or his deputy, he shall forthwith post, in some is committed to sheriff; &e. public place in the city or town assessed, an attested copy of said Ibid ~ 43. list and warrant; and shall make no distress for a tax, till after thirty days from the time of such posting. 44. If a person pays his tax on such list within said thirty sheriffs fees for days, the officer shall receive for his fees five per cent on the sum Ibid. l44. assessed; but if a tax remains unpaid after the said thirty days, the officer shall proceed to collect the same by distress or imprisonment, in the manner collectors are required to proceed in like cases. The officer may also levy his fees for service and travel, in the collection of each person's tax, as in other cases of distress and commitment. 682 TAXES (COLLECTION). When treasurers 45. When the city council of a city, or the inhabitants of a are made collectre mhowtopro- town, vote to appoint their treasurer a collector, he may issue his ceed. warrants to the sheriff of the county, or his deputy, or any of the constables of the city or town, returnable in thirty days, requiring them to collect any or all taxes due; and such warrants shall be in substance the same, and confer like powers as warrants issued by assessors to collectors. Collectors to ex- 46. Every collector shall, once in two months, if required, hibit accounts every two onths exhibit to the mayor and aldermen or selectmen, and where if required. there are no such officers, to the assessors, a true account of all Ibid. ~ 43. moneys received on the taxes committed to him, and produce the treasurer's receipts for all money paid into the treasury by him. Penalty. 47. If a collector neglects so to exhibit his accounts, he shall Ibid. ~ 47. forfeit the sum of two and a half per cent on the sums committed to him for collection. Collectors to be 48. The collector shall be credited with all sums abated credited with abatements, c. according to law, and with the amount of taxes assessed upon Ibid. ~ 48. any person committed to prison within one year from the receipt 9 Met. 503. of the tax list by the collector, and before paying his tax, and also with any sums which the city or town may see fit to abate to him, due from persons committed after the expiration of a year. Deficiency in State 49. If the collector fails to collect a tax, without his own or county tax, how default, and there is a deficiency of the amount due on a State or supplied. Ibid. ~ 49. county tax, such deficiency shall be supplied by him from the proceeds of the collection of city or town taxes, if any in his hands; and, if he have none, by the city or town treasurer, on the written requisition of the collector. Same, when collec- 50. If a collector of taxes neglects to pay, within the time tbid~ 0.let to pay. required by law, such sums of money as ought by him to be paid to the State or county treasurer, the city or town by which such collector was appointed, shall be liable for such sums, to be recovered in an action of contract by such State or county treasurer respectively. iemedy for collec- 51. If a collector neglects seasonably to pay a State or county b.r's ngle. tax committed to him, whereby the city or town is compelled to pay the same, or neglects seasonably to account for and pay in a city or town tax committed to him, the city or town may recover the amount thereof, with all damages sustained through such neglect, and interest, by an action of contract, declaring, on his official bond, if any has been given. if collector be- 52. If a collector becomes insane, or, in the judgment of the comeseinsnec., selectmen, otherwise unable to discharge his duty, or absconds, selectmen may re- I move him. removes, or, in the judgment of tle selectmen, is about to remove, z Graiy.5. from the place, or refuses, on demand, to exhibit to the mayor and aldermen, or selectmen, or assessors, his accounts of collec TAXES (COLLECTION). 683 tions, as herein provided, the selectmen may remove him from G.S.12, ~52. office, and appoint another collector, as in case of the death of the collector. 53. If a collector dies before completing the collection of a tax Taxlistofdeceased committed to him, the selectmen may appoint some suitable per- collector howcompleted. son to complete the collection, who shall receive a reasonable com- Ibid. ~53. 1 Met. 524. pensation, to be paid by the town, and they may commit the same 4 Gray, 253. tax list to him, with their warrant, accordingly; and when a ten- Temporary collecporary collector is appointed by the selectmen, the assessors shall tIr. Ibid. ~ 531 commit the tax list to him with their warrant, and he shall have the same powers, and be subject to the same duties and liabilities as other collectors. 54. In case of the death or removal from office of a collector, If collector dies, his executors or administrators, and all other persons, into whose &cr list to be delivered to selecthands any of his unsettled tax lists may come, shall forthwith men. Ibid. ~ 54. deliver the same to the selectmen. iMet. 525. 55. Collectors shall be paid such compensation for their ser- compensation of vices as their cities or towns shall determine. bico. rs. 56. No tax paid to a collector shall be recovered back, unless Taxes paid to it appears that it was paid after an arrest of the person paying it, collector wh recovered back. a levy upon his goods, a notice of sale of his real estate, or a pro- Ibid. ~ 56. test by him in writing; and the damages awarded in a suit or ~e64ante p665 process based upon any error or illegality in the assessment or 13Gry, 476. apportionment of a tax, shall not be greater than the excess of the tax above the amount for which the plaintiff was liable to be taxed. And no sale, contract, or evy, shall be avoided by reason of any such error or irregularity. 57. If at the time and place appointed for the sale of real At sale of real estate taken for taxes, as provided in the thirty-third section, no cotllec tor ay person shall appear and bid for the estate thus offered for sale, or purchase for town, if no other the rents and profits thereof, or for the whole or any part of the sufficient bid is land, an amount equal to the tax and charges, and the sale sha'l made. 1862, c. 183, ~ 1. have been adjourned from day to day, as provided in the thirty- see ~33. fourth section, a public declaration of the fact shall then and there be made by the collector; immediately rafter which, provided no bid shall be made equal to the tax and charges, the collector shall give public notice that he shall, and that he then and there does, purchase, on behalf of the town or city by which the tax is assessed, the said estate, in one of the forms set forth in the thirty-third section; provided, however, that no sum exceeding the amount of the tax and the incidental costs and expenses of levy and sale shall be offered by him therefor. 58. The deed to be given by the collector in such case shall, Deed in such cse in addition to the statements by law required, set forth the fact of and rigltl of town the non-apr at te se a d by thereunder. the non-appearance of a purchaser at the sale advertised by him, 684 TAXES (COLLECTION). 1862, c. 83, ~ 2. and shall confer upon such town or city the same rights as belong See 3~. to an individual to whom such a deed may be given. And the several towns and cities of this commonwealth, in their corporate capacity, are hereby authorized as holders of said deeds, to exercise the same rights and perform the same duties as any individual purchaser of real estate taken for taxes. When purchaser at 59. If, within ten days after the sale of real estate for the sale fails to pay in ten days, convey- payment of taxes, any purchaser thereof shall fail to pay to the ne tobemadeto collector the sum offered by him, and receive his deed, the sale town. Ibid. ~3 shall be null and void, and the town or city shall be deemed to be See ~31. the purchaser of the estate according to the provisions of this act.1 And the deed to be given by the collector in such case shall, in addition to the statements now required by law, set forth the fact of the preceding sale, and the failure of the purchaser to pay the sum offered as aforesaid. Deeds to town to 60. The deed given to a town or city under the provisions of be held by treas- this act,1 shall be placed in the custody of the treasurer thereof, to urer. Ibid. ~ 4. whom all applications for the redemption of the estate sold, under TSeeta mke 3. the provisions of law, shall be made. And the several towns and Towns may make' regulations forsale, cities of the commonwealth may make such regulations for the &c., of estates conveyed to them. custody, management, and sale of such estates, and the assignG. S. 13, 36, 42. ment of the tax titles thus obtained, not inconsistent with the laws of the commonwealth, as they may deem expedient. But nothing herein contained shall take from the owner of said real estate, or his heirs or assigns, the right to redeem, the same, as provided in section thirty-six. Collector to be al- 61. The amount of the tax and all incidental costs and tax and st nst expenses of levy and sale provided for by law, which shall be tlement withtown. included in any sale in accordance with the provisions of the four 1862, c., ~ preceding sections, shall be allowed the collector in his settlement with such town or city. Collector's deed to 62. In the deed which the collector shall execute and deliver,, include pecial as provided in section thirty-five, there shall also be inserted a warranty, and town to refund special warranty that the sale has in all particulars been coniamunt pas, &c, ducted according to the provisions of law; and, if it should in case of error, &c. Ibid. ~6. subsequently appear that, by reason of any error, omission, or See ~35. OAlleno49. informality in any of the proceedings of assessment or sale, the l)urchaser has no claim upon the property sold, there shall be paid to said purchaser, upon his surrender and discharge of the deed so given, by the town or city whose collector executed said deed, the amount paid by him, together with ten per cent interest per annum oh the same, which shall be in full satisfaction of all claims for damages for any defect in. the proceedings. 1 Act of 1862, c. 183~ being ~~ 57, 66 of the text. TAXES (COLLECTION). 685 63. If the owner does not redeem the property so purchased If estate conveyed by the city or town within the time prescribed by the thirty-sixth tis ot redeemed in section, said town or city may at any time proceed to sell the said maysel again on real estate at public auction, after having given the same notice, slgslt, c. 8i, c. as is required in section twenty-eight, executing and delivering to See ante, ~28. the highest bidder therefor, a quitclaim deed; and from the money arising from said sale shall be deducted the expenses of making the sale, together with the amount paid at the first sale for tax and charges, with ten per cent interest per annum thereon, and all intervening taxes and necessary charges; and the balance, if any, shall be deposited in the city or town treasury, to be paid Application of proto the party legally entitled to the estate if the same had not been ceds. sold for taxes, if the same shall be called for within five years; and if not demanded within that time the same shall enure to the benefit of said city or town. 64. If any estate shall be purchased by any city or town, Taxes to besaccording to the provisions of this act,1 taxes shall be assessed sessed" o estte zD ULIV LJIVIJ~~-rlV~dlJ V1 V1II~J ~CIVVS conveyed to towns, upon the same in the same manner as though the same were not and deductedout of proceeds of fiial so purchased; and said taxes shall be deducted from the proceeds sale. of the final sale, as provided in the previous section. Ibid. ~ 8. 65. When a person committed to prison for non-payment Persons committed of taxes desires to take the oath for the relief of poor debtors, as ftor non-payment. provided in section fifteen, chapter twelve, of the General Statutes, take poor debtor's oath. he may represent the same to the jailer, and the jailer shall make Ibid. ~ 9. the same known to some magistrate named in section one, chapter ~ one hundred and twenty-four, of the General Statutes, and the G. s. 24,~. magistrate shall thereupon appoint a time and place for the examination of the debtor, and shall direct the jailer to cause the debtor to be present at the same, and shall further proceed as directed in section fifteen. 66. The following charges and fees, and no other, shall be Collector'sfees. allowed to the collector, and shall be added to the amount of the s1862,c. 183, ~10 I See ~ ~3. tax, as provided in section thirty-three: 7 Gray, 128. 1 Gray, 77. For making a written demand, twenty cents; For preparing advertisement, fifty cents; For advertisement in newspaper, the actual cost of the same; For posting up notices in one or more public places, twenty cents for each notice; For posting up notices on each piece of real estate, twenty cents; For copy of notice, and the publication thereof, and obtaining affidavit of disinterested person, fifty cents; 1 See foot note on page 684. 58 686 TAXES (COLLECTION.) 1862, c. 183, ~10. For recording affidavit at registry of deeds, the fees of the register; For preparing deed, two dollars; For poundage, four per cent on "the first one hundred dollars; two per cent on the second hundred dollars, and one per cent on the balance of the tax. And in the event that any delinquent tax-payer offers to pay the tax before the day of sale, such charges shall be added to the tax as have intervened at the time of said offer to pay. In distribution of 67. Section ninety-six, of chapter one hundred and eighteen, of insolvent estates, county, city, and the General Statutes, is hereby amended, by adding at the end of town taxes entitled the first clause therein, after the word " State," the words " or to same priority as State taxes. any county, city, or town therein," so that county, city, and town Ibid. ~ 11. taxes shall be entitled to the same priority or preference as State taxes are now entitled to, in cases of insolvent debtors. City treasurer shall 68. By virtue of the act of eighteen hundred and two, chapter be collector of taxes. seven, section three, as modified by the first and thirteenth sec1802, c. 7, ~3. tions of the act of eighteen hundred and twenty-one, chapter one 1821, c. 110, ~~ 1, 13.' See ante, p. 19. hundred and ten, the treasurer of the city of Boston is the col854, c. 448, ~ 42. lector of taxes in the said city, and is empowered to substitute Deputies who shall give bonds. and appoint under him such and' so many deputies or assistants See ante, p. 17, ~37. 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 invested by law in collectors of taxes chosen by other towns in this commonwealth. Treasurer, &e., 69. By virtue of the act of eighteen hundred and three, may collect taxes outstanding when chapter fifteen, as modified by the city charter, the treasurer, his hewa c hosen. deputy or deputies, is empowered to collect all such taxes as may 1803, c. 16, ~ 1. 1821, c. 110, ~~ 1, 13. be outstanding and uncollected, at the time of his being chosen to the office of treasurer; such treasurer and his deputies first giving bonds for the faithful discharge of their duty, in such sums and with such sureties as the mayor and aldermen shall think proper. Treasurer may is- 70. The said treasurer may issue his warrant to his deputy or sue his warrant for partof the rates, to deputies, for the collecting and gathering in such part of the rates 1803, c. 15, ~ 2. his deputies- or assessments as, in his discretion, he shall think proper to commit 1821, c. 110, ~1. to such deputy or deputies; which warrant shall be of 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 mutacndis. Power of distrain- 71. By virtue of the act of eighteen hundred and seven, ing for taxes, how Io be exercised. chapter one hundred and thirty-four, as modified by the city 1807,. 134. ~ 1. charter, the treasurer and collector is authorized to issue his warrant to the sheriff of the county of Suffolk, his deputy, or TAXES. 687 to any constable of the city of Boston, directing them to distrain 1821, c. 110, ~ 1. the persons or property of any person or persons who may be 1854,c. 448,~ 86. 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; 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 or property of any individual, before the expiration of the time fixed by the votes of said town. 72. By the same act it was made the duty of the said officers Same subject. 1807, e. 134, ~ 2. to execute all warrants they may receive from said treasurer and collector, to 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, to 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. ORDINANCE.1 SECTION 1. In the month of January, or as Assessors, how many, and how soon as may be thereafter, annually, there shall nominated. Jan. 3,1868. be appointed a joint committee of the city coun- Feb. 24, 18 Oct. 1, 1889. cil, called the committee on the assessors' department, consisting of three members of the board of aldermen, and five members of the common council. The said committee shall have the care and supervision of the assessors' office, and shall 1 An ordinance concerning the assessment and collection of taxes, passed January 3, 1868; amended February 24, 1869, and October 1, 1869. 688 TAXES. Jan. 3,1868, fix the amount of compensation to be paid to Feb. 24,1869. Oct.1,1869. the clerks appointed by the assessors. In the month of January, or as soon as may be thereafter, annually, the said committee shall recommend to the city council the names of five persons to be voted for as assessors of taxes in the city of Boston; and also the names of twentytwo persons to be voted for as first assistant assessors of taxes, and the names of the persons to be voted for as second assistant assessors of taxes. Nothing herein contained, however, shall be construed to prevent the election by the city council, to either or all the above offices, of persons not recommended by said committee. Choice of assessors. SECT. 2. On the first Monday of February, Jan. 3, 1868. or within sixty days thereafter, annually, there shall be elected, by concurrent vote of both branches of the city council, five assessors of taxes in the city of Boston, who shall be resident citizens thereof. They shall devote their whole time to the service of the city, and shall receive such compensation as the city council may from time to time determine. First assistants SECT. 3. On the first Monday of February, chosen. Jan. 3,1868. or within sixty days thereafter, annually, there Feb. 24, 1869. Oct. 1,1869. shall be elected, by concurrent vote of both branches of the city council, twenty-two assistant assessors of taxes in the city of Boston, who shall be denominated first assistants. They shall be resident citizens of Boston, and shall TAXES. 689 receive such compensation as the city council Feb. 24,1(89. may from time to time determine. SECT. 4. On the first Monday of February, second assistants chosen. or within sixty days thereafter, annually, there Jan:,1868 ~ Oct. 1, 1869. shall be elected, by concurrent vote of both branches of the city council, one assistant assessor of taxes, to be denominated second assistant, for each assessment district; and the board of assessors shall annually, in tlie month of January, on or before the fifteenth day thereof, file with the city clerk the number, not exceeding twentytwo, of assessment districts within the city, with their location and boundaries; and each assessment district shall be wholly within one ward. Each second assistant assessor shall be a resident of the ward within which is located the assessment district for which he is elected. For their services said assistants shall receive such compensation as the city council may from time to time determine. SECT. 5. The officers mentioned in the pre- Tenureofoffic - Jan. 3,1868. ceding sections shall hold their office for one year from the first day of April in the year in which they may be elected, and until others are chosen and qualified in their stead, unless sooner removed. They may be removed at the pleasure of the city council; and vacancies may be filled at any time for an unexpired term, in the manner hereinbefore provided for the election of said officers. SECT. 6. The assessors shall meet as soon as Organization ofas~~~~~~~~~~~~58"~~*~ ~sessos 58* 690 TAXES. Jan. 3,1868 practicable after their election, and organize themselves into a board (to be called the board of assessors), by the choice of a chairman and secretary from among their own number, which secretary shall also be the secretary of the board provided for in the next section. Organization ofas- SECT. 7. The assessors and the first and sistants. Jan.3,1868. second assistant assessors shall meet as soon as Oct. 1,1869. practicable after their election, and organize themselves into a board, by the choice of a chairman from among their own number; and a majority of the board shall constitute a quorum for the transaction of business. It shall be the duty of one or more of the assessors, when not engaged in office business, to accompany the first and second assistant assessors in their several districts, to assist and direct them in the discharge of their duties, and to especially require of them that their valuations and methods shall be in conformity to law, and uniform in their operation throughout the city. Recordstobe kept. SECT. 8. It shall be the duty of the said Jan. 3,1868. secretary of the two boards, thus organized, to keep the records of the doings of both boards in the same book, in the order in which the meetings occur, always designating the board whose doings are recorded. ecretary to certify SECT. 9. It shall be the duty of the secretary (ydsOfervie. of the board of assessors to certify the number of days that the first assistant assessors and the second assistant assessors have severally devoted TAXES. 691 to the service of the city. And the said assistant Jan.3,s168. assessors shall severally receive pay only for such number of days' service as may have been so certified by the said secretary. SECT. 10. It shall be the duty of one of the Estatesandpolsto be assessed. said second assistant assessors to visit, in corn- Ibi. pany with one of the assessors, or first assistant assessors, the different estates in their respective wards, and to aid him in taking a list of the polls, in estimating the value of the personal property, and in appraising the value of the real estate. SECT. 11. Abatements of taxes shall be made Abatements of taxes. and recorded by the board of assessors, and the Jan.3,1868. record thereof shall contain the names of all persons whose taxes have been 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 may have been abated; and the board of assessors may require the attendance of any of the first or second assistant assessors at any hearing for the abatement of taxes; and when petitions for abatement are refused, and the petitioner appeals to the board of aldermen, the record of said refusal by the board of assessors shall accompany the appeal. A record of all abatements made by the board of aldermen shall be transmitted by the city clerk to the board of assessors at the time they are made, but the reasons for the abatement may be omitted. 692 TELEGRAPH LINES. Tax bills to be SECT. 12. It shall be the duty of the board of made. Jan., 1868. assessors to make out and deliver, to the treasurer and collector, tax bills for all taxes assessed on all persons and estates, on or before the first day of October in each year. How collected. SECT. 13. The city treasurer and collector Ibid. shall immediately issue the tax bills, and if the same are not paid 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. Realestatetobe SECT. 14. As soon as it conveniently may be, sold. Iid. after the treasurer and collector has sold or caused to be sold, for non-payment of any tax or assessment, any real estate in the city, he shall cause to be made under his supervision, and kept in his office for public reference, an alphabetical list, when practicable, of the location of such real estate, as well as of the name of the person, or persons, if known, against whom such tax or assessment was levied. TELEGRAPH LINES. STATJTES. construct private lines. Posts 1. Cities and towns may construct and structures to become lines of electric telegraph. town property. 2. May authorize any person to 3. Penalty for injuring structures. TENEMENT HOUSES. 693 1. Cities and towns may construct for their own use, lines of City may construct electric telegraph upon and along the highways and public roads lier ofp electric telegraph. within their respective limits, subject to the provisions of chapter 1869, c. 457, ~1. 9 Gray, 386. sixty-four of the General Statutes, as far as the same are applicable. 13 Allen, 26. 2. The board of aldermen of cities, and the selectmen of towns, 97 Mass. 555. may authorize any person, upon such terms and conditions as -may authorize they may prescribe, and subject to the provisions of chapter eothetrt pai teo sixty-four of the General Statutes, as far as applicable, to con- lines,&c. struct for private use a line of electric telegraph upon and along Ibid. ~ 2the highways and public roads of the city or town. After the Posts and stlcerection of such line, the posts and structures thereof within the tures to be&c.e town property, &c. location of such highways and roads shall bec6me the property of the city or town, and shall be subject to the regulation and control of the board of aldermen or selectmen, who may at any time require alterations in the location or erection of such posts and structures to be made by the parties using the same, and may order the removal thereof, having first given such parties notice, and an opportunity to be heard. The city or town may, at any time, attach wires for its own use to such posts and structures and the board of aldermen or selectmen may permit other persons to attach wires for their private use thereto, or to posts and structures established by the city or town, and may prescribe such terms and conditions therefor, as they shall deem reasonable. 3. Whoever unlawfully and intentionally injures, molests or Penalty forinjury to structures, &c. destroys any wires, posts, structures or fixtures of any line of Ibidta.. electric telegraph, established or constructed under authority of this act, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding two years, or by both said penalties. TENEMENT HOUSES.1 STATUTES. 9. Names of owners or agents to 1. Tenement houses to conform be posted. to certain rules. 10. When infectious disease occurs. 2. To have proper means of venti- 11. Buildings may be vacated. lation. 12. Additional provisions. 3 To have a fire-escape. 13. Light and air to be secured. 4. Construction of roofs. 14. Construction of windows. 5. Water-closets or privies and 15. Construction of chimneys. cesspools. 16. Penalties for violation. 6. Cellars, construction of. 17. Tenement house described; 7. Not to be used as dwellings. also lodging-house and cellar. 8. House offal receptacles; cer- 18. Board of health may make tain animals not to be kept. other rules. 1 See " Health," ante, p. 350, ~ 51. 694 TENEMENT HOUSES. STATUTES. Houses to conform 1. From and after the first day of July, in the year eighteen to rules. hundred and sixty-eight, no house, building, or portion thereof, 1868, c. 281, ~ 1. in the city of Boston, then used, occupied, leased or rented for a tenement or lodging-house, shall continue to be so used, occupied, leased or rented, unless the same, on the requisition of the board of health, shall conform in its construction and appurtenances to the provisions of this act. To be ventilated. 2. Every house, building, or portion thereof, in the city of Boston, designed to be used, occupied, leased or rented, or which is used, occupied, leased or rented, for a tenement or lodging-house, shall have in every room which is occupied as a sleeping room, and which does not communicate directly with the external air, a ventilating or transom window, having an opening or area of three square feet, over the door leading into and connected with the adjoining room, if such adjoining room communicates with the external air; and also a ventilating or transom window, of the same opening or area, communicating with the entry or hall of the house, or where this is, from the relative situation of the rooms, impracticable, such last mentioned ventilating or transom window shall communicate with an adjoining room that itself communicates with the entry or hall. Every such house or building shall have in the roof, at the top of the hall, an adequate and proper ventilator, of a form approved by the board of health or the superintendent. To have a fire 3. Every such house shall be provided with a proper fireescape.. escape, or means of escape in case of fire, to be approved by the superintendent of the board of health. Roofs. 4. The roof of every such house shall be kept in good repair and so as not to leak, and all rain water shall be so drained or conveyed therefrom as to prevent its'dripping on the ground or causing dampness in the walls, yard or area. All stairs shall be provided with proper balusters or railings, and shall be kept in good repair. Water-closets, 5. Every such building shall be provided with good and suffidrains, et. cient water-closets or privies, of a construction approved by the Ibid. ~ 5. board of health, and shall have proper doors, traps, soilpans and other suitable works and arrangements so far as may be necessary to insure the efficient operation thereof. Such water-closets or privies shall not be less in number than one to every twenty occupants of said house; but water-closets and privies may be used in common by the occupants of any two or more houses; provided, the access is convenient and direct; and provided, the number of occupants in the houses for which they are provided TENEMENT HOUSES. 695 shall not exceed the proportion above required for every privy or 1868, c.281, 5. water-closet. Every such house situated upon a lot on a street in which there is a sewer, shall have the water-closets or privies furnished with a proper connection with the sewer, which connection shall be in all its parts adequate for the purpose, so as to permit entirely and freely to pass whatever enters the same. Such connection with the sewer shall be of a form approved by the board. of health or superintendent, and all such water-closets and vaults shall be provided with the proper traps, and connected with the house sewer by a proper tight pipe, and shall be provided with sufficient water and other proper means of flushing the same; and every owner, lessee and occupant shall take due measures to prevent improper substances from entering such water-closets or privies or their connections, and to secure the prompt removal of any improper substances that may enter them, so that no accumulation shall take place, and so as to prevent any exhalations therefrom, offensive, dangerous or prejudicial to life or health, and so as to prevent the same from being or becoming obstructed. No cesspool shall be allowed in or under or connected with any such house, except when it is unavoidable, and in such case it shall be constructed in such situation and in such manner as the board of health or superintendent may direct. It shall in all cases be water-tight, and arched or securely covered over, and no offensive smell or gases shall be allowed to escape therefrom, or from any privy or privy vault. In all cases where a sewer exists in the street upon which the house or building stands, the yard or area shall be so connected with the same that all water, from the roof or otherwise, and all liquid filth shall pass freely into it.l Where no sewer exists in the street, the yard or area shall be so graded that all water, from the roof or otherwise, and all filth, shall flow freely from it and all parts of it, into the street gutter, by a passage beneath the sidewalk, which shall be covered by a permanent cover, but so arranged as to permit access to remove obstructions or impurities. 6. From and after the first day of July, in the year eighteen Construction of hundred and sixty-eight, it shall not be lawful, without a permit cellarsfrom the board of health or superintendent, to let or occupy, or suffer to be occupied separately as a dwelling, any vault, cellar, or underground room, built or rebuilt after said date, or which shall not have been so let or occupied before said date. And from and after the first day of July, in the year eighteen hundred and sixtynine, it shall not be lawful, without such permit, to let or continue 1For general provisions relating to the connection of vaults with sewers, see ordinance relating to " Health," ante, page 345, ~~ 42, 44. 696 TENEMENT HOUSES. 1868, c. 281,~6. to be let, or to occupy, or suffer to be occupied, separately as a dwelling, any vault, cellar or underground room whatsoever, unless the same be in every part thereof at least seven feet in height, measured from the floor to the ceiling thereof, nor unless the same be for at least one foot of its height above the surface of the street or ground adjoining, or nearest to the same, nor unless there be outside of and adjoining the said vault, cellar or room, and extending along the entire frontage thereof, and upwards from six inches below the level of the floor thereof, up to the surface of the said street or ground, an open space of at least two feet and six inches wide in every part, nor unless the same be well and effectually drained by means of a drain, the uppermost part of which is one foot at least below the level of the floor of such vault, cellar or room, nor unless there is a clear space of not less than one foot below the level of the floor, except where the same is cemented, nor unless there be appurtenant to such vault, cellar or room, the use of a water-closet or privy, kept and provided as in this act required, nor unless the same have an external window-opening of at least nine superficial feet clear of the sash-frame, in which window-opening there shall be fitted a frame filled in with glazed sashes, at least four and a half superficial feet of which shall be made so as to open for the purpose of ventilation; provided, however, that in case of an inner or back vault, cellar or room, let or occupied along with a front vault, cellar or room, as part of the same letting or occupation, it shall be a sufficient compliance with the provisions of this act, if the front room is provided with a window as hereinbefore provided, and if the said back vault, cellar or room, is connected with the front vault, cellar or room, by a door, and also by a proper ventilating or transom window, and where practicable, also connected by a proper ventilating or transom window, or by some hall or passage, or with the external air; provided, always, that in any area adjoining a vault, cellar or underground room, there may be steps necessary for access to such vault, cellar or room, if the same be so placed as not to be over, across or opposite to said external window and so as to allow between every part of such steps and the external wall of such vault, cellar or room, a clear space of six inches at least, and if the rise of said steps is open; and provided, further, that over or across any such area there may be steps necessary for access to any building above the vault, cellar or room, to which such area adjoins, if the same be so placed as not to be over, across or opposite to any such external window. cellars notfor 7. From and after the first day of July, in the year eighteen dwellings hundred and sixty-eight, no vault, cellar or underground Ibid. ~ 7. TENEMENT HOUSES. 697 room, in any tenement or lodging-house, shall be occupied as a 1868, c. 281, ~ 7. place of lodging or sleeping, except the same shall be approved in writing, and a permit given therefor by the board of health, or superintendent. 8. Every tenement or lodging-house shall have the proper Houseoffal. Aniand suitable conveniences or receptacles for receiving garbage mals not be kept and other refuse matters. No tenement or lodging-house, or any portion thereof, shall be used as a place of storage for any combustible article, or any article dangerous to life or detrimental to health; nor shall any horse, cow, calf, swine, pig, sheep or goat be kept in said house. 9. Every tenement or lodging-house, and every part thereof, Agents or owners' shall be kept clean and free from any accumulation of dirt, filth, names to be posted. Ibid. ~ 9. garbage, or other matter in or on the same, or in the yard, court, passage, area or alley connected with or belonging to the same. The owner or keeper of any lodging-house, and the owner or lessee of any tenement house, or part thereof, shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, cesspools and drains thereof of the house, or part of the house, of which he is the owner or lessee, to the satisfaction of the board of health, so often as shall be required by or in accordance with any regulation or ordinance of said city, and shall well and sufficiently, to the satisfaction of said board, whitewash the walls and ceilings thereof twice at least in every year, in the months of April and October, unless the said board shall otherwise direct. Every tenement or lodging-house shall have legibly posted or painted on the wall or door in the entry, or some public accessible place, the name and address of the owner or owners and of the agent or agent, or any one having charge of the renting and collecting of the rents for the same; and service of any papers required by this act, or by any proceedings to enforce any of its provisions, or of the acts relating to the board of health, shall be sufficient if made upon the person or persons so designated as owner or owners, agent or agents. 10. The keeper of any lodging-house, and the owner, agent Infectious diseases. of the owner, lessee and occupant of any tenement house, and Ibid.~10. every other person having the care or management thereof, shall, at all times, when required by any officer of the board of health, or by any officer upon whom any duty or authority is conferred by this act, give him free access to such house and to every part thereof. The owner or keeper of any lodging-house, and the owner, agent of the owner, and the lessee of any tenement house, or part thereof, shall, whenever any person in such house is sick of fever, or of any infectious, pestilential or contagious disease, and such sickness is known to such owner, keeper 59 698 TENEMENT HOUSES. 1868, c. 281,10. agent or lessee, give immediate notice thereof to the board of health, or to some officer of the same, and, thereupon, said board shall cause the same to be inspected, and may, if found necessary, cause the same to be immediately cleansed or disinfected at the expense of the owner, in such manner as they may deem necessary and effectual; and they may also cause the blankets, bedding, and bed-clothes used by any such sick person, to be thoroughly cleansed, scoured and fumigated, and in extreme cases to be destroyed. Buildings may be 11. Whenever it shall be certified to the board of health vacated. Ibid.1. by the superintendent, that any building, or part thereof, is unfit for human habitation, by reason of its being so infected with disease as to be likely to cause sickness among the occupants, or by reason of its want of repair has become dangerous to life, said board may issue an order, and cause the same to be affixed conspicuously on the building, or part thereof, and to be personally served upon the owner, agent or lessee, if the same can be found in this State, requiring all persons therein to vacate such building, for the reasons to be stated therein as aforesaid. Such building, or part thereof shall, within ten days thereafter, be vacated; or within such shorter time, not less than twentyfour hours, as in said notice may be specified; but said board, if it shall become satisfied that the danger from said house or part thereof has ceased to exist, may revoke said order, and it shall thenceforward become inoperative. Additional provi- 12. No house hereafter erected, shall be used as a tenement sbidon12. house or lodging-house, and no house heretofore erected, and not Ibid. ~ 12. now used for such purpose, shall be converted into, used or leased for a tenement or lodging-house, unless, in addition to the requirements hereinbefore contained, it conforms to the requirements contained in the following sections. Light and air to be 13. It shall not be lawful hereafter to erect for, or convert to secured. eS~d; ^the purposes of a tenement or lodging-house, a building on the Ibid. ~ 13. thzuroe front of any lot where there is another building on the rear of the same lot, unless there is a clear, open space, exclusively belonging to the front building and extending upwards from the ground, of at least ten feet between said buildings, if they are one story high above the level of the ground; if they are two stories high, the distance between them shall not be less than fifteen feet; if they are three stories high, the distance between them shall be twenty feet; and if they are more than three stories high, the distance between them shall be twenty-five feet. At the rear of every building hereafter erected for, or converted to the purposes of a tenement or lodging-house on the back part of any lot, there shall be a clear, open space of ten feet between it and any other TENEMENT HOUSES. 699 building. But when thorough ventilation of such open spaces can 188s, c. 281, ~ 13. be otherwise secured, said distances may be lessened or modified, in special cases,'by a permit from the board of health or the superintendent. 14. In every such house hereafter erected or converted, every Construction of windows. habitable room, except rooms in the attic, shall be in every part Ibid.~l. not less than eight feet in height from the floor to the ceiling; and every habitable room in the attic of any such building shall be at least eight feet in height from the floor to the ceiling, throughout not less than one-half the area of such room. Every such room shall have at least one window connecting with the external air, or over the door a suitable ventilator, connecting it with a room or hall which has a connection with the external air. The total area of window in every room communicating with the external air, shall be equal to at least one-tenth of the superficial area of every such room; and the top of one, at least, of such windows shall not be less than seven feet and six inches above the floor, and the upper half of each window shall be so made as to open for the purposes of ventilation. Every habitable room of a less area than one hundred superficial feet, if it does not communicate directly with the external air, and is without an open fire-place, shall be provided with special means of ventilation by a separate air shaft extending to the roof, or otherwise, as the board of health may prescribe. 15. Every such house hereafter erected or converted, shall Chimneys, halls. have adequate chimneys running through every floor, with an Ibid ~15. open fire-place or grate, or place for a stove, properly connected with one of said chimneys, for every family and set of apartments. It shall have proper conveniences and receptacles for ashes and rubbish; it shall have water furnished at one or more places in such house, or in the yard thereof, so that the same may be adequate and reasonably convenient for the use of the occupants thereof. It shall have the floor of the cellar properly cemented, so as to be water-tight. The halls on each floor shall open directly to the external air, with suitable windows, and shall have no room or other obstruction at the end, unless sufficient light or ventilation is otherwise provided for said halls, in a manner approved by the board of health or the superintendent. 16. Every owner or other person violating any provision of Penalties for violathis act, after the same shall take effect, shall be guilty of a misde- tions. Ibid. ~ 16. meanor, punishable by a fine not exceeding one hundred dollars, or by imprisonment not exceeding sixty days. 17. A tenement house within the meaning of this act, shall be Tenement house. Lodging-house. taken to mean and include every house, building, or portion there- cagthuse. of which is rented, leased, let or hired out to be occupied, or is Ibid. ~17. 700 TREES. 1868,c. 28, ~ 17. occupied as the house or residence of more than three families living independently of another, and doing their cooking upon the premises, or by more than two families upon a floor, so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies, or some of them. A lodging-house shall be taken to mean and include any house or building, or portion thereof, in which persons are lodged for hire for a single night, or for less than a week at one time. A cellar shall be taken to mean and include every basement or lower story of any building or house, of which one-half or more of the height from the floor to the ceiling is below the level of the street adjoining. Board of health 18. The board of health shall have authority to make other mulakeother regulations as to cellars and as to ventilation, consistent with the ibid. ~18. foregoing, where it shall be satisfied that such regulations will secure equally well the health of the occupants. All complaints under this act shall be made only by authority of the board of health, and the municipal court of the city of Boston shall have jurisdiction concurrent with the superior court of all offences against the provisions of this act. TREES. STATUTE. 2. Penalty. 1. No person to cut down tree 3. Act not to be in force unless without permit. accepted. STATUTES. No tree in street to 1. No person who has by law a right to cut down or remove be remed with any ornamental or shade tree standing in any highway, town1867, c. 242, ~ 1. way or street, shall exercise such right without first giving notice 97 Mass.472. of his intention to one of the selectmen of the town or mayor of the city in which the tree stands; and, if the selectmen of the town, or mayor and aldermen of the city, desire to retain the tree, thev shall give notice thereof to such person within ten days after his notice to them; and in that case, the same course shall be taken and the same rules apply as to the assessment, appeal and final determination and payment of the damage such person may suffer by the retaining of said tree, as in the case of damage done by an alteration in such highway, town-way or street. Penalty for viola- 2. If any such person shall cut down, remove or injure such tionof act, tree without first giving the notice required in the foregoing secIbid. ~ 2. WARDS. 701 tion, or in violation of any of the provisions thereof, or of the 1867, c. 242,,2. rights of the city or town acquired thereunder to maintain the same, he shall suffer the penalty provided for the injury or destroying of ornamental or shade trees in the seventh section of the forty-sixth chapter of the General Statutes, and the penalty in such case shall accrue to the town or city.l 3. This act shall not be in force in any town or city until it Act to be accepted. shall be accepted by a majority of the legal voters in such town at i ~3. a meeting legally called therefor, or by the city council.2 WARDS. STATUTES..No. 14. Boundaries of Ward Four1. City may be divided into wards teen. by the citycouncil, once in ten No. 15. Boundaries of Ward Fifyears. teen. 2. Ward officers at first election No. 16. Boundaries of Ward Sixafter a new division of wards, teen. theretofore chosen to act. 3. Officers chosen after new divis- SECT. 3. Use of the ward rooms ions to hold office until the next may be granted by board of annual meeting. aldermen, &c., for political ORDINANCE. meetings. SECT. 1. - Division of Wards. 4. Persons not legal voters, &c., No. 1. Boundaries of Ward One. in ward, shall not vote, &c. No. 2. Boundaries of Ward Two. 5. Chief of police to be notified of No. 3. Boundaries of Ward Three. meetings, and detail police to No. 4. Boundaries of Ward Four. keep the peace. No. 5. Boundaries of Ward Five. 6. List of voters to be placed in and No. 6. Boundaries of Ward Six. on the ward room by superNo. 7. Boundaries of Ward Seven. intendent of public buildings. No. 8. Boundaries of Ward Eight. 7. Applicants to pay expenses of No. 9. Boundaries of Ward Nine. opening, lighting, &c., the No. 10. Boundaries of Ward Ten. room. No. 11. Boundaries of Ward Elev- 8. List of voters not to be removed, en. &c. No. 12. Boundaries of Ward 9. Copy of ordinance to be placed Twelve. in ward room. SECT. 2. - Additional 7ards. 10. rFepeal of former ordinances. No. 13. Boundaries of Ward Thirteen. STATUTES. 1. The several cities of this commonwealth may, if they shall Divisionofcities deem it expedient, during the year eighteen hundred and sixty- into wadswhen 1See, also, " Common and Public Squares," ante, Dare 129. ~ 1. 2 Accepted by city council, Oct 1, 1867. 59* 702 WARDS. may be made. five, and in every tenth year thereafter, by vote of their respective 186s, c. 7. city councils, make a new division of their wards, so that they shall G.. 19, ~ 16. contain, as nearly as may be consistent with well-defined limits to each ward, an equal number of voters in each ward, according to the census to be taken in the month of May in said years, anything in chapters eight and nineteen of the General Statutes to the contrary notwithstanding; provided, however, that such new division of wards shall not go into effect before the tenth day of November, in any year in which said new division shall be made; and proLimittonumberof vided, also, that no more wards shall be created than are allowed wards. to each city by its charter. ward officers after 2. At the first election held after a new division of wards, in new disin, &c any city in this commonwealth, the respective ward officers chosen under the preceding organization, shall officiate in the same numerical ward for which they were chosen respectively, and shall continue to act there until others shall be chosen and qualified in their stead. To hold theire 3. All office 3. All firs chosen at any meeting called by the mayor and until the next annuai meeting. aldermen of any city, after such new division into wards, shall Ibid. ~5. hold their offices until the next annual meeting, and until others shall be chosen and qualified in their stead.' ORDINANCE2. New division of SECTION 1. The city is divided into sixteen New division of hNov. 7war1 wards, and the same shall hereafter be known and Nov.10,1865. constituted as follows, viz: WardNo.1. Watrd tNo. 1. All that part of the city called East Boston, and all the islands in the harbor. Ward No.2. Ward No. 2. Beginning at the water at Warren Bridge; thence by the centre of the avenue leading from Warren Bridge to Causeway street; thence by the centre of Causeway street to Haverhill street; thence through the centre of Haverhill 1 For further provisions respecting ward officers, see " Charter," ante, pp. 4, 5, 6, and " Elections," ante, pp. 165, 166. 2 An ordinance regulating the use of ward-rooms for political meetings, passed Dec. 30, 1862. An ordinance to provide for a new division of the city into wards; passed November 7,1865. An ordinance to amend an ordinance providing for a new division of the city into wards; passed November 10,1865. An ordinance in addition to an ordinance providing for a new division of the city into wards; passed November 8, 1867. WARDS. 703 street to Haymarket square; thence across Hay- ward No.2. market square to the centre of Blackstone street; thence by the centre of Blackstone street to Clinton street; thence by the centre of Clinton street, and by a line in the same direction with Clinton street to the water;, thence by the water to the point of beginning. Ward No. 3. Beginning at the water at the Ward No.3. easterly 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 Leverett street; thence by the centre of Leverett street to Causeway street; thence by the centre of Causeway street to a line on the northerly side of the Fitchburg depot to the water, and thence by the water to the point of beginning. Ward No. 4. Beginning at the water at the WardNo.4. end of Clinton street; thence by the centre of Clinton street to Blackstone street; thence by the centre of Blackstone street to Haymarket square; thence across Haymarlet square to Haverhill street; thence by the centre of Haverhill street to Causeway street; thence by the centre of Causeway street to Leverett street; thence by the centre of Leverett 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 704 WARDS. Ward No. 4. 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 across India street by a straight line to the water on the south side of Central wharf; thence by the water to the point of beginning. Ward No.b. Tard No. 5. 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 5Winter street to Tremont street; thence by the centre of Tremont street to Boylston street; thence by the centre of Boylston street to Washington street; thence by the centre of WVashington street to Beach street; thence by the centre of Beach street to Federal street; thence by the centre of Federal street to Mt. Washington avenue; thence by the northerly side of Mt. Washington avenue to the water, thence by the water to the point of beginning. Ward No.6. Wcard Vo. 6. Beginning at the water, at the easterly end of Cambridge Bridge, thence by the centre of Cambridge street to Temple street; thence by the centre of Temple and Mount YVernon streets to Park street; thence by the centre of Park street to Tremont street; thence by the centre of Tremont street to Boylston street; thence by the centre of Boylston street to Arlington street; thence by the centre of Arlington street to Commonwealth avenue; thence by the centre of Commonwealth avenue to the boundary line between Boston and Roxbury; thence by WARDS. 705 said boundary line in a northerly direction to the Ward No.. water; thence by the water to the point of beginning. Ward No. 7. Ward No. 7. Beginning at the northerly side of Mount Washington avenue; thence by the northerly side of Mount Washington avenue to the centre of Federal street; thence by the centre of Federal street to Beach street, thence by the centre of Beach street to Albany street; thence by the centre of Albany street to Curve street; thence by the centre of Curve street to Harrison avenue; thence by the centre of Harrison avenue to Dover street; thence by the southerly side of Dover street Bridge to the water line of South Boston, so-called; thence by water line to the Old Colony and Newport Railroad track at the crossing in Dorchester avenue; thence by the track of the Old Colony and Newport Railroad to E street; thence by the centre of E street to the water, and thence by the water line, including the property known as Boston wharf, to the point of beginning. Ward No.8. Ward _No. 8. Beginning at the centre of Boylston street at its junction with Carver street; thence by the centre of Boylston to Washington street; thence by the centre of Washington street to Beach street; thence by the centre of Beach street to Albany street; thence by the centre of Albany street to Curve street, thence by the centre of Curve street to Harrison avenue; thence by the centre of Harrison avenue to Indiana street; thence by the centre of Indiana street to Washington street; thence by the centre of Washington street to Pleasant street; thence by the centre of Pleasant street to Carver street; 706 WARDS. ard No. 8. thence by the centre of Carver street to the point of beginning. Ward No. 9. Ward No. 9. Beginning at the centre of Carver street at its junction with Boylston street; thence by the centre of Carver street to Pleasant street; thence by the centre of Pleasant street to Washington street; thence by the centre of Washington street to Indiana street; thence by the centre of Indiana street to Harrison avenue; thence by the centre of Harrison avenue to Florence street; thence by the centre of Florence street, crossing Washington street, to Chapman street; thence by the centre of Chapman street to Tremont street; thence by the centre of Tremont street, crossing Berkeley street to Warren avenue; thence by centre of Warren avenue, crossing Columbus avenue, to Newton street; thence by centre of Newton street to the track of the Boston and Providence Railroad; thence by the track of the Boston and Providence Railroad to the boundary line between Boston and Roxbury; thence by the boundary line between Boston and Roxbury to its junction with Commonwealth avenue; thence by the centre of Commonwealth avenue to Arlington street; thence by the centre of Arlington street to Boylston street, and thence by the centre of Boylston street to the point of beginning. Ward No.10. IWard iYo. 10 Beginning at the junction of Florence street with Harrison avenue, thence by the centre of Florence street crossing Washington street to Chapman street; thence by the centre of Chapman street to Tremont street, thence by the centre of Tremont street crossing Berkeley WARDS. 707 street to Warren avenue; thence by the centre of Ward No. 10. Warren avenue to Brookline street; thence by the centre of Brookline street, crossing Albany street in a direct line to the water; thence by the water line to the northerly side of Dover street Bridge; thence by the centre of Harrison avenue to the point of beginning. Ward No. 11. Beginning at the boundary Ward No. 1 line between Boston and Roxbury on the Boston and Providence Railroad; thence by the centre of the track of the Boston and Providence Railroad to Newton street; thence by the centre of Newton street, crossing Columbus avenue, to Warren avenue; thence by the centre of Warren avenue to Brookline street; thence by the centre of Brookline street, crossing Albany street in a direct line to the water; thence by the water to the boundary line between Boston and Roxbury; thence by said boundary line to the point of beginning. T7card VNo. 12. All that section of the city Ward No. 12. now known as South Boston, lying south of the centre of E street, and south and southwest of the track of the Old Colony and Newport Railroad from its crossing at Dorchester avenue. SECT. 2. By virtue of the fifth section of Additionalwarda. Nov. 8,1867. chapter three hundred and fifty-nine of the acts of the year one thousand eight hundred and sixty-seven, the territory annexed to Boston by that act is hereby divided into three wards, and the same shall hereafter be known and constituted as follows: 708 WARDS. Ward No.13. Ward No. 13. Beginning at the centre of Washington street at the line heretofore existing between Boston and Roxbury; thence by the centre of said street to Guild row; thence by the centre of Guild row to Dudley street; thence by the centre of Dudley street to the boundary line between Roxbury and Dorchester; thence on said boundary line to the boundary line heretofore existing between Boston and Roxbury; thence on said boundary line between Boston and Roxbury to the point of beginning. ardNo. 14. TWard No. 14. Beginning at the centre of Washington street at the boundary line heretofore existing between Boston and Roxbury; thence by the centre of said street to Guild row; thence by the centre of Guild row to Dudley street; thence by the centre of Dudley street to the boundary line between Roxbury and Dorchester; thence on said boundary line to the boundary line between West Roxbury and Roxbury; thence on said boundary line between West Roxbury and Roxbury to the centre of Shawmut avenue, at the point where it crosses said line; thence by the centre of Shawmut avenue to Bartlett street; thence by the centre of Bartlett street to Dudley street; thence by the centre of Dudley street to Putnam street; thence by the centre of Putnam street to Shailer avenue, so-called; thence by the centre of Shailer avenue, so-called, to Cabot street; thence by the centre of Cabot street to Culvert street; thence by the centre of Culvert street to Tremont street; thence by the centre of Tremont street to the boundary line heretofore WARDS. 709 existing between Boston and Roxbury; thence Wrd No.14. by said boundary line between Boston and Roxbury to the point of beginning. Ward No. 15. Beginning at the centre of Ward No.15. Tremont street, at the boundary line heretofore existing between Boston and Roxbury; thence by the centre of Tremont street to Culvert street; thence by the centre of Culvert street to Cabot street; thence by the centre of Cabot street to Shailer avenue, so-called; thence by the centre of Shailer avenue, so-called, to Putnam street; thence by the centre of Putnam street to Dudley street; thence by the centre of Dudley street to Bartlett street; thence by the centre of Bartlett street to Shawmut avenue; thence by the centre of Shawlnut avenue to the boundary line between West Roxbury and Roxbury; thence on said line between Wvest Roxbury and Roxbury to the boundary line between Brookline and Roxbury; thence on said boundary line between Brookline and Roxbury to the boundary line heretofore existing between Boston and Roxbury; thence on said boundary line between Boston and Roxbury to the point of beginning. T'ard No. 16.1 All the territory formerly WardNo.16. 1869, c. 349, ~ 5. comprised in the town of Dorchester, county of Norfolk, and annexed to the city of Boston by chapter three hundred and forty-nine, of the acts of eighteen hundred and sixty-nine. SECT. 3. Whenever there may be made to the useof ward rooms may be board of aldermen or superintendent of public grantedby board of aldermen, &c., for political meetings. 1 Established by statute. See "Boundary Lines," and " Dorchester." Dec. 30,1862. 60 710 WARDS. Dec. 30,NWI. buildings, a written application by not less than five legal voters of any ward for the use of the ward room in such ward for the purpose of holding a meeting therein, said board or said superintendent (either by the special order of said board or under established rules or regulations of said board1), may grant for a time and purpose specified in the permit upon the terms and subject to the provisions of this ordinance, the use of said ward room to said applicants, who shall be for such time in possession thereof. But such permit shall not extend to any adjournment or adjournments of said meeting, unless so stated in such permit, and such permit may be revoked at any time by the board of aldermen, and every such application shall state the kind of meeting proposed by the applicants to be held in the ward room, and also the call for such meeting, and all notifications of such meeting shall specify that the invitation or request to persons to be priesent thereat is subject to the provisions of this ordinance. ersons not legal SECT. 4. If any person not a legal voter in voters, &c., in war, shailnot such ward, and not included in the call for such vote, &c. Ibi. meeting, shall mark or vote at such meeting, or if any person, whether a legal voter in such ward or not, shall, against the expressed consent of such applicants, or of a major part of them 1 By an order of the city council, passed May 13, 1864, the superintendent of public buildings was directed thereafter to issue the necessary permits for the use of ward rooms under this ordinance, and he was directed to pay into the city treasury, quarterly, all sums received by him for opening, heating, and lighting said rooms. "City Records," Vol. XLTI., page 240. WARDS. 711 present, mark or vote in choice of candidates, Dec-0.n 80,2. or otherwise vote or speak, or remain at said meeting or any adjournment thereof, he shall be punished by a fine not exceeding twenty dollars for each offence; and if the notifications of said meeting contained the specification aforesaid, making the invitation or request to persons to be present thereat subject to the provisions of this ordinance, it shall be the duty of any police officer, if so directed by said applicants, or by a major part of them present, or by the presiding officer of said meeting, to remove from the ward room any person offending against the provisions of this section, who, after being requested by said applicants, or a major part of them present, or by the presiding officer of said meeting, to leave the room, neglects or refuses so to do. SECT. 5. Whenever any such permit is granted, Chiefof police to be notified of the superintendent of public buildings shall notify meetilg &. the chief of police thereof, who shall thereupon detail a sufficient police force to be present and keep the peace at such meeting, and any adjournment thereof, and obey the lawful orders of the applicants, or of the major part of them present, and also of the chairman or presiding officer of the meeting, and enter complaints for all violations of this ordinance. SECT. 6. As soon as the list of voters in any Iistofvotersto o placed in and on ward is prepared for any national, congressional, ward room. State, county, or municipal election, a copy thereof shall be posted or hung up by the superintendent of public buildings inside of the ward room in such 712 WARDS. Dec. 30,1862. ward, and a like copy in some conspicuous place on the outside of such ward room, so as to be readily accessible to the public, and they shall remain there till after the next election, and until new and revised lists may be substituted therefor. Applicants to pay SECT. 7. The applicants to whom any such'expenses of opening, lighting, &. permit is granted shall, before the issuing thereof, Ibgrfid.on pay to the said superintendent such sum of money as he may think sufficient to defray the expense of opening and closing and lighting and heating the ward room during the time specified in such permit, which sum shall be accounted for and paid by him as the city council shall direct. List of voters post- SECT. 8. Any person other than the city clerk, ed not to be taken away, &c., except, or some person by him duly authorized, who shall Ibid. carry away, destroy, break, or mutilate any copy so posted or hung up, shall be punished by a fine not exceeding twenty dollars for each offence. The provisions of this section, however, shall not apply to the mere erasure from the lists in any ward of the name of any person who at the time of such erasure has actually ceased to be a legal voter in such ward. Copy of ordinance SECT. 9. It shall be the duty of the said to be placed in each ward room. superintendent to cause to be suitably framed Ibid. and hung up in some conspicuous place in each of the ward rooms of the city, a printed copy of this ordinance. And it shall be specified in all permits, granted as aforesaid, that the same are granted upon the terms and subject to the provisions of this ordinance. WATER. 713 WATER. STATUTES. 13. Additional scrip may be issued 1. City may obtain water from by city council. Long Pond, &c., in Natick, 14. They may also issue scrip for &c. May take and hold land. payment of interest. But not Shall file, in registry of deeds, after expiration of two years a description of lands, ponds, from completion of aqueducts, &c., taken. &c. Form of scrip. Record 2. May construct aqueducts,dams, to be kept of same. reservoirs, &c. May distrib- 15. City council to regulate the ute water throughout the city, price of water. Net surplus lay pipes, &c. BMay dig up income to be applied to payhighways, &c., when neces- ment of principal and interest sary. of scrip. 3. Commissioners to be appointed. 16. If surplus income is insufficient Their duties. to pay the interest, the su4. Compensation, preme judicial court may, on 5. Their powers to be exercised by petition, &c., appoint comthe city, after their office shall missioners, who may raise the cease. price of water. 6. City of Boston shall be liable to 17. If such income is more than pay all damages sustained by sufficient, &c., the court may taking land, &c. Applications appoint commissioners, on peto court in case of disagree- tition, &c., who may reduce ment. Court may appoint the price of water. Reduction three fieeholders to assess shall not be so great that such damages. income will be insufficient. 7. Parties may claim a trial by &c. Cost, on such petijury if dissatisfied with award. tions. 8. No application to be made for 18. Occupant of tenement, and damages for taking water, owner, both liable for price of until actually diverted, &c. water. Action for use of wa9. Where persons sustaining dam- ter without consent of the ages neglect to institute pro- city. Inhabitants of Natick, ceedings therefor, the city - &c., may use a portion of may commence such proceed- same. ings. How such persons shall 19. Penalty for diverting or corbe barred. rupting water. 10. City may tender to petitioner 20. City may purchase property, for damages, or bring into &c., of the Aqueduct Corpocourt, such sum as it shall ration. think proper. Effect of such 21. Water may be conveyed to East tender or payment. Boston, through Charlestown 11. City council may issue water and Chelsea, over or under scrip, to defray expenses. tide-waters, with approval of 12. City council may make tempo- a commissioner to be appointrary loans, to be redeemed ed, and with consent of city within five years by water council. scrip. 22. Restriction. 60* 714 WATER. 23. City may lay the water pipes 5. Tomakescheduleofwaterrates. under the bridges of the East- 6. Cochituate water board may ern Railroad Company. sell or lease property, &c. 24. City authorized to raise the dam 7. Bills for expenditures, how at Lake Cochituate. drawn, examined, &c. 25. City liable for damages. In- 8. Duties of president of the board. demnification to Natick and 9. City engineer to have charge of Wayland. lake, aqueducts, lands, reser26. Act, when to take effect. voirs, &c. 27. City may maintain water pipes 10. To make an annual report. on Milldam. 11. Water registrar, how chosen, 28. City may dig up lands thereon. &c. 29. To indemnify State from dam- 12. To assess water rates. To visit age. Act to take effect. premises of takers, make out 30. City council may direct con- bills, &c. struction of additional reser- 13. To make annual report. voir (Chestnut Hill). Proviso. 14. Water rent payable in advance 31. City council may direct pipes to January 1. be laid from reservoir to pipes 15. Supply to be cut off in case of in Brookline. May secure non-payment. lands. May cross water- 16. Abatements may be made. courses. 17. Water registrar to keep books, 32. City to be responsible for cam- &c. ages from defects. Proviso. 18. No member of the board or 33. City liable for damages to pri- officer to be interested in any vate property. Rights and contract, &c., in relation to remedies. the water works. 34. City council may issue debt 19. Penalty for opening hydrant, certificates to defray expendi- &c. tures. 20. For opening any pipe or reser35. Roxbury authorized to contract voir, &c. with Boston or Charlestown 21. For turning on or turning off for supply, &c. the water, &c. 36. Boston may lay water-pipes 22. For injuring any other reseracross Shirley Gut to Deer voir, &c. Island. May erect structures 23. Water not to be sold to parties subject to approval of harbor out of the city, unless, &c. commissioners. 24. Regulations under which the 37. Boston may lay water-pipes to water shall be taken. Takers Pine Island; thence across to keep service-pipes in good Boxbury Canal and South repair. To prevent waste, Bay by syphons. and use no concealment. No alteration to be made, except, ORDINANCE. &c. Water not to be supplied to other parties, unless, &c. 1. Cochituate water board, how chosen, &c. Use of hand-hose restricted. chosen, &c. 2. Their organization. Water registrar may enter 2. Their organization. 3. Their general powers. To ap- premises to examine. point subordinate officers, &c. 25. Waste of water, penalty for. 4. To make annual reports. ILe- 26. Hose not to be used for washing ports of city engineer and horses, carriages, &c. Fine water registrar. and penalty for. WATER. 715 27. Waterrates for dwelling-houses. 40. For private fountains. 28. For model houses. 41 For bakeries. 29. For offices having water fix- 42. For manufacturing, and large tures. quantities of water. 30. For hotels, taverns, and board- 43. For purposes not specified. ing-houses. 44. For estates valued together. 31. For stores, &c. 45. For railroad corporations, ho32. For stables, &c. tels, and manufacturing es33. For right to attach hose, &c. tablishments. 34. For confectioneries,eatinghous- 46. For the fire department. es, market and fish stalls, 47. For public fountains and other provision shops, oyster sa- public purposes. loons, &c. 48. No charge for pipe to be used 35. For public baths. only in case of fire. 36. For printing offices. 49. Pipes not to be laid in un37. For steam-engines. accepted streets, unless prop38. For steamboats. erly graded. 39. For building purposes. 50. Repeal of former ordinances. STATUTES.1 1. The city of Boston is hereby authorized, by and through City may obtain the agency of three commissioners, to be appointed in the manner Pond, &c., in Nahereinafter provided, to take, hold, and convey to, into, and through tick, &c. the said city, the water of Long Pond, so-called, in the towns of 1846, c.167,. 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, May take an hold land. by purchase or otherwise, any lands or real estate necessary for Ibid laying and maintaining aqueducts for conducting, discharging, 10cush.291. disposing of, and distributing water, and for forming reservoirs; 1 An act for supplying the city of Boston with pure water, was passed MAarch 25, 1845 (stat. 1845, c. 220), containing the 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 votes from 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 provision, 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. The act was accepted, April 13, 1846, by a vote of 4,637 yeas, to 348 nays. (Records of returns of votes from the several wards, April 13, 1846.) The water was introduced into the city of Boston, and the event celebrated, October 25, 1848. 716 WATER. 1846, c. 67, ~1. 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 may be necessary for the preservation and purity of the same, for Shall file in regis- the purpose of furnishing a supply of pure water for the said city stry of deds, a des of Boston. The city of Boston shall, within sixty days from the ponds, &c., taken. time they shall take any lands, or ponds, 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, make aqueducts, dams, and build one or more permanent aqueducts, from any of the reservoirs, &c. Ibid. ~2. aforesaid water sources, to, into, and through ihe 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 purMay distribute wa- poses for which they may be used, and may change or discontinue ter throyghout the the same; may distribute the water throughout the city, and for city, lay pipes, &e. Ibid. this purpose may lay down pipes to any house or building in said city, the owner or owners thereof having notice and not objecting thereto; may regulate the use of the said water within and without the said city, and establish the prices or rents to be paid thereMay dig up high- for. And the said city lay, for the purposes aforesaid, carry and ways, &c., when conduct any aqueducts, or other works, by them to be made and necessary. Ibid. constructed, over or under any watercourse, or any street, turnpike-roac, railroad, highway, or other way, in such manner as not to obstruct or impede travel thereon; and may enter upon and dig up any such road, street, or way, for the purpose of laying down pipes beneath the surface thereof, and for maintaining and repairing the same; and, in general, may do any other acts and things necessary, or convenient and proper, for the purposes of this act. Commissioners to 3. Three commissioners shall be appointed by the city counbeappointed. cil who shall, during their continuance in office, execute and perTheir duties., shall Ibid.~3. form, 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, WATER. 717 in the execution of their said trust, as the city council may from 1846, c. 167, ~ 3. 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 Tenure of office. after their said appointment, unless the aqueducts and works aforesaid shall he 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 twothirds 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 Quorum. 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 aforesaid, the compensation of city council shall establish and fix the salaries, or compensation, Ill.a".... to be paid to the commissioners for their services; and the said salaries of the said commissioners, so established and fixed as aforesaid, shall not be reduced during their continuance, respectively, in said office. 5. Whenever the said office of commissioners shall cease, Their powers to b( either by the expiration of the said term of three years from the exercited. bythe city, after their original appointment, or by the completion of the aqueducts and officeshall cease. works mentioned in the preceding sections of this act, all the Ibi~5. 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. 6. The said cit f ston s lil t p ll e ity of Boston shall be liable to pay all damages cty to ohall be liable to that shall be sustained by any persons, in their property, by the pay l climagbes, taking of any land, water, or water rights, or by the constructing sustained by taking land, &c. of any aqueducts, reservoirs, or other works for the purposes Ibid.~6. of this act. And if the owner of any land, water, or water rights, 8 ush. 276. 10 Cush. 235. which shall be taken as aforesaid, or other person who shall Application to sustain damage as aforesaid, shall not agree upon the damages to coiurt in ae of disagreement. 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, 718 WATER. 184G, c. 167, ~ 6. to the court of common pleas,1 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 Court may appoint shall serve the same, with the mayor or clerk of the said city; and three freeholders to asess damage.es the said court may, upon default or hearing of the said city appoint three judicious and disinterested freeholders of this commonwealth, who shall, after reasonable notice to the parties, assess the damages, if any, which such petitioner may have sustained as aforesaid, and the award of the said freeholders, or of the major part of them, being returned into and accepted by the said court, shall be final, and judgment shall be 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. Parties may claim 7. If either of the parties, mentioned in the preceding section, a trial by jury, if dissatisfed with shall be dissatisfied with the amount of damages awarded as award. therein expressed, such party may, at the term at which such Ibd. ~ 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 suchl 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, respecSeeG..c.43 tively, in the same manner as is provided by law in regard to proceedings relating to the laying out of highways. Noapplication tobe 8. No application shall be made to the court, for the assessmade for damages ment of damages for the taking of any water rights, until the for taking water, until actually di- water shall be actually withdrawn or diverted by the said city verted, &c. under the authority of this act; and any person or corporation, Ibid. ~ 8. 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. where persons sus- 9. Whenever any damages shall have been sustained by any inetlegct to stiute persons in their property, by the taking of any land, water, or proceedings there- water rights, or by the constructing of any aqueducts, reservoirs, cbr, lth city msay or other works, for the purposes of this act, and of the act entitled proceedings. "An act for supplying the city of Boston with pure water," chap1 Now the superior court. WATEi. 719 ter one hundred and sixty-seven, of the acts and resolves of the 1849, c. 187, ~ 2. year eighteen 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 proceedings, which shall go on, and be determined, in the same manner as if commenced by the persons who shall have sustained such damage. And, if such persons, on receiving due notice, How such persona shall be bar ed. 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. 10. In every case of a petition to the court of common pleas,' City may tender to petitioner for damby any person, for the assessment of damages, as provided in ages, or bring into the sixth, seventh, and eighth sections above, the city of Boston, court, suc sum as I v:7 I " it shall think by any of its officers, may tender to the complainant, or his proper. attorney, any sum that it shall think proper, or may bring the lo0,. 316. same into court, to be paid to the complainant for the damages claimed in his petition; and if the complainant shall not accept Effect of such tenthe same, with his costs up to that time, but shall proceed in der or payment 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. 11. For the purpose of defraying all the costs and expenses City council may of such lands, estates, waters, and water rights, as shall b ue tdefray pe,.to taken, purchased, or held for the purposes mentioned in this 1846,c. 167 ~9. act, and of constructing all aqueducts and works necessary and Seepost,,~13. 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 Seepost, 14. 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 such terms and conditions as the said city council shall judge proper. 12. Nothing in the preceding section shall be construed to city council nayr prohibit the city council of the city of Boston from making maketenpora"ry loans, to be retemporary loans for the purposes therein set forth, to be re1 Now the superior court. 720 WATER. deemed within five deemed within five years by the " Boston Water Scrip"; provided, years by waer that the amount of said scrip shall, in no case, exceed the amount 1848, c. 33. named in the said section. Additional scrip 13. In addition to the notes, scrip, or certificates of debt, may be issued by city council. authorized to be issued by the eleventh section, the city council of 1849, c. 187, ~' the cityof Boston are authorized to issue, from time to time, notes, See ante, ~ 11, scrip, or certificates of debt, to be denominated on the face thereof, "Boston Water Scrip," to an amount not exceeding, in the whole, the further sum 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. They may also 14. In addition to the sum of three millions of dollars mentioned issue scrip for payment of interest. in the eleventh section, the said city council may, whenever and so 184, c. 167, ~ 10. far as deemed necessary, issue and 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 But not after es- scrip by them issued; provided, however, that no scrip shall be piration of' t-o years fiom comple- issued for the payment of interest as aforesaid, after the expiration of aqueducts, tion of two years from the completion of said aqueducts and other &Co 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 proForm of scrip. vided for by the city council. All notes, scrip, and certificates of debt, to be issued as aforesaid, shall be signed by the treasurer and auditor, and countersigned by the mayor of the said city, and a Record to be kept record of all such notes, scrip, and certificates shall be made and of same. kept by the said treasurer and auditor respectively. City council to 15. The city council shall, from time to time, regulate the price regulate the price ofwater. or rents for the use of water, with a view to the payment from the 184, c. 167, ~ 11. net income, rents, and receipts therefor, not only of the semi-annual interest, but ultimately of the principal, also, of the "Boston Water Net surplus in- Scrip," so far as the same may be practicable and reasonable. come to be applied to payment of prin- And the said net surplus income, rents, and receipts, after deductcipal expenses and interest g epecharges of distribution, shall be set apart as of scrip. a sinking fund, and shall be appropriated for and towards the payment of the principal and interest of the said scrip; and shall, See city does. for under the management, control, and direction of the mayor, treas1850, Nand auditor of thecity or the major part of them for the 1852, No. 24. time being, who shall be trustees of the said fund, be applied 186', No. 4 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. WATER. 721 16. At any time after the expiration of two years, from the If surplus income completion of the works mentioned in the second section, and pays ifficietreto before the reimbursement of the principal of the " Boston Water the supreme judicial court may, on Scrip," hereinbefore mentioned, if the surplus income and receipts petition, &c., apfor the use of the water distributed under the provisions of this point commiosioers, who may raise act, at the price established by the city council, after deducting the price of water. all expenses and charges of distribution, shall, for any two suc- 846, c. 167, ~12 cessive 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 further. And the award of said commissioners, or the major part of them, being returned to the 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 conmissioners 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 the If such income is more than suffiwater, distributed under the provisions of this act, at the price cient.thecoulrt established by the city council, after deducting all expenses and may appoint commissioners, on peticharges of distribution, shall, for any two successive years, be tion, &c., who may more than sufficient to pay the accruing interest on the " Boston reduce the price of water. Water Scrip," hereinbefore mentioned, then the supreme judi- Ibid. ~13. cial 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 reduction shall not be so Reductionshall ot great that the surplus income and receipts aforesaid will, in the beogreat, tht judgment of the said commissioners, be thereafter i ffient bensufficient, &e. 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 61 722 WATER. 1846, c. 167, ~ 13. extent, as therein provided in regard to awards made pursuant to the provisions of that section. Costs, on such pe- And the said court may, at their discretion, order the costs titions. on such petitions as are mentioned in this and the 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 executions therefor accordingly. Occupant of tene- 18. The occupant of any tenement shall be liable for the nent, and ofOlrE, payment of the price or rent for the use of the water in such, both liable for prnceo of water. tenement; and the owner thereof shall be also liable, if, on being bid. ~14. notified of such use, he does not object thereto; and if any Action for use of person or persons shall use any of the said water, either within water without or without the city, without the consent of the city, an action consent of city. of trespass on the case may be maintained against him or them by the said city, forthe recovery of damages therefor; provided, however, that this act shall not be so construed as to prevent the Inhabitants of Na- inhabitants of Natick, Framingham, Sherburne, and Wayland, tick,&c., may use from using so much of the water hereby granted as shall be a portion of same. 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 divert- 19. If any person or persons shall wantonly or maliciously diwgte r corrupting vert the water, or any part thereof, of any of the ponds, streams, or Ibid. 15. 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 purpose 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.1 And every such person or persons may moreover, on indictment and conviction of either of the 181, c. 220, ~. wanton and malicious acts aforesaid, be punished by fine not exceeding one thousand dollars, and imprisonment not exceeding one year, or by confinement to hard labor in the State prison for a term not exceeding ten years. City.may purchase 20. The said city of Boston is hereby authorized to purchase property, &c., of and hold all the property, estates, rights, and privileges of the the Aqueduct Corporation. Aqueduct Corporation, incorporated by an act passed February 846, c. 167, ~16. twenty-seven, in the year one thousand seven hundred and ninetyfive, and by any convenient mode may connect the same with their other works. 2 1 See, also, "Health," (rcte, p. 331, ~ 93. 2 For acts respecting tle Aqueduct Corporation, which was purchased WATER. 723 21. The city of Boston is authorized to convey the water of Water may be conLong Pond to, into, and through that part of Boston called East veyed to East Boston through Boston, by laying their aqueduct, or water pipes, through the city Charlestown and Chelseca. of Charlestown and town of Chelsea; and, for that purpose, may 1849,.es7, ~3. have all the rights and privileges, and shall be subject to all' the Accepted by city council, M-ay 28, liabilities mentioned in the act entitled " an act for supplying the 1849. city of Boston with pure water." And the said city of Boston City Records, l. 27, p. 239. may make any suitable structures for the purpose of conveying the said water over or under the tide waters within the jurisdiction of this comlmonwealth; provided, that such structure shall be approved of by a commissioner, to be appointed for that purpose by the governor and council, and to be compensated by the city of Boston; provided, futrther, 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.' 22. By the act passed in eighteen hundred and fifty-one, chap- Restriction. ter one hundred and twenty-one, it was provided that the control 181'c. 121. granted to the city of Boston over tide-waters within the jurisdiction of this comnmonwealth, by the preceding section, shall be restricted to the line then occupied by them for the purpose specified in the said section. 23. By the act passed in eighteen hundred and forty-nine, City may laythe authorizing the Eastern Railroad Company to extend their water pipes nfder lthe bridges of the road, it is declared lawful for the city of Boston, under the Eastern Railroad Company. direction of a commissioner, to be appointed by the governor 1849,c. 201,~7. and council, and 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. by the city of Boston June 10, 1851, see stat. 1794, c. 55; 1796, c. 1; 1803, c. 35. See, also, city doc. 1851, No. 46. 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 third 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. For authority to supply the State prison with Cochituate water, see stat. 1852, c. 316. 724 WATER. City of Boston au- 24. The city of Boston is hereby authorized, by and through tdhoizedtoraise the agency of the Cochituate Water Board therein, or by and 1859, c. 184, ~ 1. through any other agency which shall be established therefor, by the city council of said city, to raise the dam at the outlet of Lake Cochituate, formerly called " Long Pond," lying in the towns of Natick, Wayland, and Framingham, to the height of Maytake and hold ten feet above the floor of "Knight's Flume," so-called; and real estate. may also take and hold, from time to time, by purchase or otherwise, any lands or real estate on and around the margin of said lake, not exceeding five rods in width, measuring from the verge of said lake, when the same shall be raised to the level authorized by this act, so far as such lands and real estate may be necessary for the preservation and purity of said lake, for the purpose of furnishing a supply of pure water for said city Proviso. of Boston; provided, however, that no lands or real estate taken or purchased under this act, shall be exempted from taxation, by reason of such taking or purchase. All lands and real estate within said towns, heretofore taken or purchased, and now held by said city by virtue of an act approved March thirtieth, eighteen hundred and forty-six, or by virtue of any other act Exemption from heretofore passed, shall be and remain exempted from taxation, 4 Gray, 500. 4 r"ay10,1 SO long as they continue to be so held and used for the purposes of said acts. City tobe liable 25. The said city of Boston shall be liable to pay all damfor all damages sustained. ages that shall be sustained by any persons in their property, 1859, c. 184, ~ 2. by the taking of any land or real estate, or by the flowage of Rights and reme- the lands of any person as aforesaid; and in regard to such dies. taking and flowing, and the ascertainment and payment of all such damages, the said city of Boston, and all persons claiming damages, shall have all the rights, immunities, and remedies, and be subject to all the duties, liabilities, and obligations, which are provided in the one hundred and sixty-seventh chapter of the acts of the year one thousand eight hundred and forty-six, the one hundred and eighty-seventh chapter of the acts of the year one thousand eight hundred and forty-nine, and the three hundred and sixteenth chapter of the acts of the year one thousand city to indemnify eight hundred and fifty. Said city of Boston shall also indemnify Natick and Way- said towns of Natick and Wayland, against all injury which may land. at any time be done to any highway or bridge in such towns, by reason of the raising of the water, and maintaining the dam, as hereinbefore provided. Act not to take ef- 26. This act shall not take effect until said city of Boston fetuntil,&c. shall have paid to the said town of Framingham, the sum of Ibid. ~ 3.~l. forty-five hundred dollars; to the said town of Natick, the sum of three thousand dollars, and to the said town of Wayland, the WATER. 725 sum of one thousand dollars; nor until said act shall have been i9, c. 184, ~. accepted by the city council of the said city of Boston.1 27. The city of Boston shall have the right to maintain its City maymainwater-pipes, as the same are now laid, in the milldam, and other tam anipd 0the1i lands of the commonwealth, in and near said city, subject to the lands. 1864, c. 271, ~1. provisions of this act; provided, that any persbn, whose property Provisos. is injured thereby, shall have his damages ascertained ald.paid in the manner provided in the several acts to which this is in addition; and provided, further, that if, at any time hereafter, the leoislature shall order a draw to be made through the said milldam, or other lands on the line of said pipes, for the purposes of navigation, the city of Boston shall so adapt its said pipes, at the locality of the draw, as not to interfere with a free passage of boats and vessels through such draw. 28. Said city may enter upon and dig up the ground in said city may eter milldam and other lands, when necessary for the purpose of repair- Ibi lands. ing or replacing said pipes; provided, however, that said milldam Proviso. and lands shall be restored by said city to as good order and condition as the same are in before such digging is commenced; and that the work shall be done in such manner and with such care as not to render any road, street, or way in which said pipes are laid, unsafe or unnecessarily inconvenient to the public travel thereon. 29. The city of Boston shall at all times save harmless and Indemnity to illdemlnify the commonwealth, and any city or town which may ro.onw.eallt and towns from become liable to keep in repair any road, street, or way aforesaid, damages sustained against all damages which may be recovered against them respect- bydfets in highways. ively, and shall reimburse to them respectively all expenses which Ibid. ~3 they sh ll reasonably incur by reason of any defect or want of repair in such road, street, or way, caused by the maintenance, repairing, or replacing of said pipes, or by reason of any injury to persons or property caused by any defect or want of repair in said pipes; provided, that said city shall have due and seasonable notice of all claims for such damaages or injury, and opportunity to make a legal defence thereto. 30. The city of Boston is hereby authorized, by and through city council may the agency of the Cochituate Water Board therein, or by and direct construction Insnvg v- ursv Jvvis~v~rruuv rlcuuvl uv~ui~ uriviviiiS vi Ny CU~lu of an additional through any other agency which shall be established therefor by reservoir. the city council of said city, to construct and maintain an addi- L8G, c.1',~1. tional reservoir for receiving, holding and distributing water; and for this purpose, may take and hold, by purchase or other- May secure cerwise, any lands or real estate, not exceeding two hundred acres tn, lBrnihtn ne^ Brookline. Ibid. 1 These conditions were all complied with, and the act was accepted by the city council of Boston, May 6, 1859. See, " City Records," vol. 37, p. 222. 61* 726 WATER. 86, c. 131, ~. in the towns of Newton, Brighton and Brookline, and lying between the Air Line Railroad, the present line of the said city's aqueduct and Beacon street on the south, Rockland and Brighton streets on the east, South street on the north, and a street leading from said South street to said Beacon street on the west; proviced, Proviso. however, that no part of the tract of land comprising the Evergreen Cemetery, in the town of Brighton, shall be so taken and held, otherwise than by purchase. May lay thepipes 31. The city of Boston may also, by and through the same from reservoir to agency, lay and maintain one or more suitable lines of pipes from pipes in Brookline. I Ibid. ~ 2. the said reservoir to a convenient point in its line of pipes leading from its reservoir in said Brookline to said city; and may take May secure lands, and hold, by purchase or otherwise, such lands or real estate as May cross water- may be necessary therefor; and may carry and conduct the said course orway. pipes over or under any water-course, or any street, turnpikeroad, railroad, highway or other way, in such manner as not to obstruct or impede travel thereon; and may enter upon and dig up any such road, street or way, for the purpose of laying the said pipes and for maintaining and repairing the same. citytoberesponsi- 32. The city of Boston shall at all times save harmless and ble for doamages by indemnify any city or town which may become liable to keep in reason of defect caused in ways. repair any road, street or way aforesaid, against all damages which Ibid. ~ 3. may be recovered against them, respectively, and shall reimburse to them, respectively, all expenses which they shall reasonably incur by reason of any defect or want of repair in such road, street or way, caused by the maintenance, repairing or replacing of said pipes, or by reason of any injury to persons or property caused Proviso. by any defect or want of repair in said pipes; provided, that said city shall have due and reasonable notice of all claims for such damages or injury, and opportunity to make a legal defence thereto. Liable for damages 33. The city of Boston shall be liable to pay all damages that to private property shall be sustained by any persons in their property by the Ibid. ~ 4. Rights and reme- taking of any land or real estate as aforesaid, or by any of its dies, citizen and ditesu, citizen doings under this act; and in regard to such taking, and the to Actsof1846,1849 ascertainment and payment of all such damages, the city of and 1850. Boston, and all persons claiming damages, shall have all the rights, immunities and remedies, and be subject to all the duties, liabilities and obligations which are provided in the one hundred and six;y-seventh chapter, of the acts of the year one thousand eight hundred and forty-six, the one hundred and eighty-seventh chapter, of the acts of the year one thousand eight hundred and forty-nine, and the three hundred and sixteenth chapter, of the acts of the year one thousand eight hundred and fifty. ity council may 34. For the purpose of defraying all the costs and expenses of WATER. 727 such lands or real estate as shall be taken, purchased or held for issue debt certifithe purposes mentioned in this act, and of constructing said Petittdefrayexreservoir, laying said pipes, and doing all other things incident S6, c. 131, ~ 5. thereto, the said city council shall have authority to issue, from time to time, notes, scrip or certificates of debt, to such an amount as may be necessary, and in such form, on such length of time, and bearing such rate of interest, not exceeding six per centum per annum, as they shall deem expedient. 35. By an act passed June first, eighteen hundred and sixty- Roxbury authorseven, the city of Roxbury was authorized to contract with either Nied to ontract with Boston or the city of Boston or the city of Charlestown for a supply Charlestown for of water, and- to take, by purchase or otherwise, and hold sary estate and such land, real estate or water-rights, and erect and main- erect works, I~~~~~~~~~~~~ 1867, c. 343, ~~ 0 1,5, tain such works and structures as may be necessary for 17,18. the introduction of water either from said city of Boston, or from said city of Charlestown, or from. any ponds or other sources of supply within the limits of the county of Norfolk, except Jamaica Pond, and the distribution thereof in said city of Roxbury. The said city of Roxbury was also authorized to supply with water, for the extinguishment of fires or for other purposes, the city of Boston, and the towns through which the line of aqueduct may pass, and for this purpose may erect and maintain such structures as may be requisite and necessary therefor; provided, that such supply to Boston shall not deprive the towns on the line of the aqueduct of a sufficient supply of water. It was also provided in the act that if, within three years from its passage, the territory of the city of Roxbury, should be annexed to the city of- Boston, then the city of Boston should succeed to all the rights and privileges therein granted to, the city of Roxbury. In accordance with the seventeenth section, the provisions of the act were submitted to the voters of Roxbury and approved by them, November fifth, eighteen hundred and sixty-seven. 36. By an act passed April twenty-fourth, eighteen hundred Boston may lay and sixty-nine, the city of Boston is authorized to convey water ShirlteyiGuttoDeer from East Boston, so-called, to Deer Island, in Boston harbor, by Island. 1869, c. 193, ~ 1. laying aqueducts or water-pipes through the town of Winthrop and across Shirley Gut; and for that purpose shall have all the rights and privileges, and shall be subject to all the liabilities mentioned in chapter one hundred and sixty-seven, of the acts of the year eighteen hundred and forty-six, and the several acts in addition thereto. And the said city of Boston may make any May erect strucsuitable structures for the purpose of conveying the said water tures, subjectto under the tide-waters in said Shirley Gut; provided, that such ovmiaiors. structures shall be approved by the harbor commissioners. 728 WATER. Boston maylay 37. By an act passed June twenty-two, eighteen hundred and water-plpes to Pine Island; sixty-nine, the city of Boston was authorized to lay water-pipes thence acoss from a point at or near the junction of Federal and Dorchester Roxbury Canal and SouthBay by streets, in said city, in a westerly direction, crossing the Boston, syphons~I. Hartford and Erie Railroad to Pine Island, so-called, thence in a 1869, c. 447, ~ 1. westerly direction, crossing the marsh and the Roxbury Canal to Proviso. the junction of East Chester Park and Albany street in said city; provided, that such pipe or pipes shall cross the Roxbury Canal means of a syphon, so as not to obstruct navigation; and shall also cross the South Bay by syphon under so much of the channel as the harbor commissioners shall direct. And all things done under the act, so far as relates to the crossing of tide-waters, shall be subject to the determination and approval of the harbor commissioners, as provided in the fourth section, of chapter one hundred and forty-nine, of the acts of the year eighteen hundred and sixtysix. ORDINANCE.1 Water board, how SECTION 1. In the mionth of January, in the chosen, etc. Sept.79. year eighteen hundred and seventy, and annually afterwards in said month, the city council shall elect, by concurrent vote of the two branches, one member of the board of aldermen and two members of the common council, to be members of the Cochituate water board, to hold office during the remainder of the municipal year in which they are elected, and until others are elected in their place, unless they are sooner removed. In the month of March or April, in the year eighteen hundred and seventy, and annually thereafter in March or April, there shall be elected, by concurrent vote of the two branches of the city council, two members of the Cochituate water board from the citizens at large, to hold their offices for two years from the first Monday in May in the year of their election, and until others are elected in their place, 1 An ordinance providing for the care and management of the Boston water works, passed Sept.'7, 1869; amended Dec. 10, 1869. WATER. 729 unless they are sooner removed. The members Members may be removed for cau se of said board shall at all times be subject to Sept. 7.189. removal from office by the city council for cause; and vacancies from any cause may be filled at any time for an unexpired term in the same manner as the original appointment. SECT. 2. The persons elected from the city Organization of the board. council shall enter upon their duties as members Ibid. of said water board forthwith; and the persons elected from the citizens at large shall enter upon their duties on the first Monday in May. On the first Monday in May, annually, the members shall meet and organize themselves into a board, by the choice of one of their number as president. They shall also choose a clerk, who shall not be a member of the board; and they may make such rules and regulations for their own government, and for the government of all subordinate officers appointed by them, as they may deem expedient. SECT. 3. The Cochituate water board shall Their general powers. have and exercise all the powers vested in the city Ibid. 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 same can be legally delegated; and they To appoint subor~~~~. -- -~ ~~ -1~ ~ ~~~.* - dinate officers, etc. shall more especially have the power to appoint all necessary subordinate officers, agents, and assistants, and may fix their compensation, and the compensation of the clerk before mentioned; provided, that the same shall not exceed in the whole the 730 WATER. Sept.7,1869. 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 shall, reports. Ibid. annually, during the month of May, present to the city council a report, made up to and including the thirtieth day of the preceding April, containing a statement of the condition of all the water works, and of the lands and other property connected therewith; also an account of all receipts Reports of city and expenditures, together with any information engineer and waterregistrar. or suggestions which they may deem important; and they shall, at the same time, transmit to the city council the report of the city engineer, and the water registrar, mentioned in the tenth and thirteenth sections. Schedule ofwater SECT. 5. The Cochituate water board, whenrates, bti'd. ever requested by the city council, shall prepare and send to the city council a schedule of water rates. Cochituate water SECT. 6. The Cochituate water board are board may sell or lease proerty, etc. authorized to sell or lease such of the property bi. connected with the water works as they may deem expedient, subject to the approval of the mayor; and all necessary deeds and leases shall be executed by the mayor, and countersigned by the president of the board. Bills for expendi- SECT. 7. All bills for expenditures by the WATER. 731 Cochituate water board shall be drawn for by the tures,how drawn, examined, etc. president, examined by the auditor, and approved Sept. 7,1869. by the committee of accounts, before they are paid by the treasurer. SECT. 8. The president of the Cochituate Duties of president of the board. water board shall exercise a general supervision Ibid. over all the water 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 tezmpore, to be chosen by said board. SECT. 9. The city engineer shall take charge city engineer to have charge of of Lake Cochituate, the aqueducts, lands, reser- lake, aqueducts, lands, reservoirs, voirs, and other works and property connected etc. with the water works, 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. SECT. 10. The city engineer, on or before the To make an annual report. fifteenth day of April, annually, shall present to Ibid. the Cochituate water board 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. SECT. 11. There shall be elected annually, on Water registrar, how chosen etc. the first Monday of February, or within sixty Ibid. days thereafter, by concurrent vote of the two branches of the city council, a water registrar, 732 WATER. Sept.7,. who shall be a citizen of Boston. He shall hold his office for one year from the first Monday in April of the year in which he is elected, and until a successor is elected and qualified, or he is removed. He may be removed by the city council, and they may fill any vacancy at any time for an unexpired term. To assess water SECT. 12. The water registrar, under the dirates. Ibid. rection and control of the Cochituate water board, shall assess the water rates according to the tariff established by the city council. He shall, once in To visit premises each year, personally visit, or cause to be visited, of takers, malke out bills, etc. the premises of every person who takes 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. Tomakeannual SECT. 13. The water registrar, on or before Iodt,' the fifteenth day of April, annually, shall present to the Cochituate 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. Water rent pay-' SECT. 14. The annual rent for the use of the able in advance on the firstdayof water shall be payable to the city treasurer in January, Ibid. advance, on the first day of January in each year. All charges for specific supplies, or for fractional WATER. 733 parts of the year, shall be payable in advance, Sept.7,1869. and before the water is let on. SECT. 15. In all cases of non-payment of Supplytobecutoff in case of non-paythe water rent for sixty days after the same is mient. Ibid. due, the water registrar shall serve a summons at the premises of such delinquent; and unless said rent is paid within three days thereafter, together with twenty-five cents for said summons, the water registrar shall cut off the supply; and the water shall not be let on until the amount due, together with the twenty-five cents for said summons, and two dollars for the shutting off and letting on, is paid; provided, that no occupant shall be required to pay the amount due from a former occupant; and provided, also, that in cases of specific supplies, or when the water has been let on for fractional parts of the year, the summons may be served, and the water cut off immediately; and it shall not be let on again except upon the conditions before mentioned. The foregoing provisions shall apply when two or more parties take water through the same servicepipes, although one or more may have paid the proportion due from him or them. SECT. 16. The water registrar, under the Abatements may be made. control of the Cochituate water board, may Ibid. make abatements in the water rents, in all proper cases. SECT. 17. The water registrar shall keep Water registrar to keep books, etc. suitable books, in which shall be entered the Ibid. names of all persons who take the water, the 62 734 WATER. Sept. 7, 1869. kind of building, the name and number of til: street, the nature of the use, the number of taps, and the amount charged, which books 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. No member of the SECT. 18. No member of the Cochituate board, or officer, to be interestedn any water board, and no person appointed to any contract, etc., ill re- lation to the water office or employed by virtue of this ordinance, or works. 7 Ibid. by the acts of the legislature mentioned in the third section, shall be interested, directly 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 open- SECT. 19. If any person shall open any hying hydrants, etc. Ibid. drant within the city of Boston, or lift or remove the cover of the same, without the license of the Cochituate water board, or of the city engineers or the water registrar, except in case of fire, he shall be liable to a penalty of not less than three dollars, nor more than fifty dollars. For opening any SECT. 20. If any person shall make any opening pipe or reservoir, etbd. or connection with any pipe or reservoir, without the license mentioned in the preceding section, he ~WATER. 735 shall be liable to a penalty of not less than three Sept. 7,1869. dollars, nor more than fifty dollars. SECT. 21. If any person shall turn on, or turn or turning onor turning off the off, the water in any of the water-pipes or reser- wt er, etc. Ibid. voirs, without the license mentioned in the nineteenth section, he shall be liable to a penalty of not less than three dollars, nor more than fifty dollars. SECT. 22. Any person who shall injure any orinjuring any reservoir, etc. public reservoir, or who shall break and enter the Ibid. same, and draw off, or cause to be removed, any of the water therefrom, except in case of fire, or by authority of the board of aldermen, or Cochituate water board, shall forfeit and pay a sum not less than one dollar, nor more than fifty dollars. SECT. 23. The water shall not be sold or deliv- ater not tobe sold to parties out ered to any parties out of the limits of the city, ohe city, unless, etc. unless by special vote of the Cochituate water lbid. board. SECT. 24. The following regulations shall be Regulations under which the water considered a part of the contract with every per- hall be taken. son who takes the water; and every such person, by taking the water, shall 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 where such violation occurred, although two or more parties may receive the water through the same 736 WATER. Sept. 7, 1869. 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: Takers to keep ser- One. All persons taking the water shall keep vice pipes in good repair. the service-pipes within their premises, including Ibid. any area beneath the 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. To prevent waste, Two. They shall prevent all unnecessary waste and use no concealment. of water, and shall not conceal the purposes for which it is used. No alteration to be Three. No alteration shall be made in any made, except, etc. of the pipes or fixtures inserted by the city, except by persons authorized by the Cochituate water board, who are to be allowed to enter the premises supplied, to examine the apparatus, the quantity of water used, and manner of its use, and to ascertain whether there is any unnecessary waste. water not to be Four. 2No water is allowed to be supplied to supplied to other parties, unless, etc. parties not entitled to the use of it under the city ordinances, unless by special permission. Use ofhand-hose Five. The use of the hand-hose is restricted restricted. to one hour before eight of the clock in the forenoon, and one hour after sunset. Water registrar Six. The water registrar may enter the premmay enter prem-. ies to examine ises of any water-taker, to examine the quantity of water used, and the manner of its use. WATER. 737 SECT. 25. The owner and occupant of any Waste of ater, fine and penalty premises in which Cochituate water is used, who forS- 18 Sept. 7, 1869. fails to keep the service-pipes and fixtures in good order, and neglects to repair the same within three days after they have become defective from any cause, shall be liable to a fine of two dollars; and, in case of neglect to shut off the water after using it so that it runs to waste, said owner or occupant shall also be liable to a fine of two dollars; and, if the fine aforesaid is not paid within two days from the time when said notice is given, the water shall be cut off from the said premises, and shall not be let on again until the waste be stopped and the fine paid, together with an additional sum of two dollars for cutting off and letting on the water; and, in case of a second offence during the same year, a fine of four dollars shall be imposed, and, if not paid as before mentioned, the water shall be cut off and shall not be let on again until the cause of complaint is removed, and the fine paid, together with two dollars for cutting off and letting on the water; and, in case of a third or subsequent offence, the water shall be cut off and shall not be let on again except by a vote of the Cochituate water board, and the payment of such fine, not exceeding ten dollars, as the said board may impose. SECT. 26. No hose shall be attached or used Hosenottobeused for washing horses, in any stable for washing horses or carriages, or arriages,etc.,fine yv~~ stable*~ for ^~ washi~ng~~ h~ ~and penalty for. for any other purpose whatsoever, except for ex- Ibid. tinguishing fires, under a penalty of ten dollars for each offence; and, if this penalty is incurred and is not paid within two days after demand for 62* 738 WATER. Sept. 7,1869. the same made at such stable, the water shall be cut off from such stable, and shall not be let on again until said penalty is paid, and also the additional sum of two dollars for cutting off and letting on the water. Waterrates for SECT. 27. The following rates shall be charged dwelling-houses. Ibid. annually for the use of the Cochituate water: Every dwelling-house, including the land under, and used in connection with the same, shall be charged, when they are valued for the assessment of taxes at $1,000, or any less sum, and occupied by one family only, six dollars; and for every additional $1,000, or fiactional part thereof, one dollar, until the valuation for the assessment of taxes shall amount to $25,000; and for every family more than one in a dwelling-house, the charge shall be for each two dollars. In addition to the foregoing rates, there shall be charged to each dwelling-house with one famiily, in which a water-closet or bathing-tub is used, or in which both are used, jive dollars; and for each family more than one, the charge shall be for each two dollars annually. Ratesformodel SECT. 28. For the use of Cochituate water in houses. Ibid. model or tenement houses, which are rented in suits of rooms to different families, the rate of charge for each such tenement shall be based upon the rental of such tenement, viz: Every tenement occupied, and having a faucet within the same, shall be charged three dollars annually, and fifty cents additional on every one hundred dollars, or fraction of one hundred dollars, rent WATER. 739 above three hundred dollars; provided, that the Sept.7,869. said rate may be based upon the estimated yearly rentable value of each such tenement. In addition to the foregoing rate, there shall be charged to each tenement in which a water-closet or bathingtub is used, three dollars; or in which both are used, the sum of five dollars annually. Each tenement in which there are no water fixtures, the occupants taking the water from taps in common with other tenants of the house, shall be charged two dollars annually; and an additional charge of two dollars annually shall be made to each tenement, the occupants of which use a water-closet in common with other tenants. SECT. 29. The following rates shall be charged Rates foroffices. for the use of Cochituate water in buildings occupied for offices, or by different tenants for business purposes, viz: For each office or tenement having a faucet within the same, three dollars annually; and for each office or tenement not having water within the same, but taking it from faucets in common with other tenants, two dollars annually. And in addition to these rates there shall be charged for each water-closet within the office or tenement, three dollars annually; and, when the water-closet is located so as to be used in common, the charge for each office or tenement shall be two dollars. SECT. 30. Hotels, taverns, and boarding- Rates for otels, houses (said boarding-houses being valued for the Ibid. assessment of taxes over $15,000), not including water for baths or for uses without the house, 740 WATER. Sept. 7,1869. shall be charged, for each bed for boarders and lodgers within the same, three dollars; provided, that in no case shall any hotel, tavern, or boarding-house, be charged less than if occupied as a private dwelling-house. Rates for stores, SECT. 31. Each tenement occupied as a store, shops, etc. Ibid. warehouse, office, shop, or for purposes not included in any other classification, and not requiring more than an ordinary supply of water, shall be charged from six to twenty-five dollars. For each water-closet more than one, supplied for the above, there shall be charged five dollars additional. And for each urinal, wash-hand basin or sink, more than one, two dollars and fifty cents additional. Rates for stables, SECT. 32. Private stables, including water for etc. Ibid. washing carriages, shall be charged six dollars; and for each horse over two, the charge shall be two dollars. Livery stables, including water for washing carriages, shall be charged, for each horse, two dollars. Omnibus stables shall be charged, for each horse, one dollar and fifty cents. Truckmen's stables shall be charged, for each horse, one dollar and twenty-five cents; provided, that in no case shall any stable be charged less thanfive dollars. Hoseforwashing SECT. 33. There shall be charged for the right windows and sprinklingstreets. to attach a hose, of not more than five-eighths of an inch orifice, for washing windows or sprinkling streets, in addition to the charge for other uses, five dollars, and for corner lots ten dollars. WATER. 741 But no hose shall be attached, or used in any Sept. 7, 18. stable, for washing horses or carriages, or for any other purpose whatever, except for extinguishing fires. SECT. 34. Refectories, confectioneries, eating- Refectories. eatinhouses, stalls, prohouses, market and fish stalls, provision shops, vision shops, - loons, etc. refreshment and oyster saloons, according to the Ibid quantity of water used, shall be charged from eight to fifty dollars. SECT. 35. Public baths shall be charged for aiths. Ibid. each tub five dollars. SECT. 36. Every printing office, according to rit.ing offices. the number of presses used, not including the supplying of a steam-engine, shall be charged from six dollars to forty dollars. SECT. 37. Stationary steam-engines, working steam-engil.es. not over twelve hours a day, shall be charged by the horse-power, as follows: For each horsepower up to and not exceeding ten, the sum of ten dollars; for each exceeding ten, and not over fifteen, the sum of eight dollars; for each horsepower over fifteen, the sum of six dollars. SECT. 38. Steamboats shall be charged, for Steamboats estimated quantities of water used for boiler and other purposes, at the rate of six cents per one hundred gallons; provided, however, that, in cases where meters are applied, the charge shall be three cents per one hundred gallons. 742 WATER. Buiding purposes. SECT. 39. For building purposes there shall Sept. 7, 1869. be charged for the water used with each cask of lime or cement, seven cents. Prvate fountains. SECT. 40. Fountains are to be supplied with Ibid. water at the discretion of the Cochituate water board; and the charge shall be upon the estimated quantity used, namely, for each one hundred gallons, daily consumption, five dollars per annum. Bakeries. SECT. 41. Bakeries shall be charged according Ibid. to the average daily use of flour, namely, for each barrel per day the sum of three dollars per annum; provided, that in no case shall any bakery be charged less than six dollars. For manufactur- SECT. 42. Manufacturers and other persons ing and other lusiness. supplied with water through meters or by estiIbid. mated quantity, shall be charged at the rate of three cents per one hundred gallons. For purposes not SECT. 43. When water is required for puposes specified, how fixed, which are not specified in the foregoing tariff, the Ibid. rate shall be fixed by the Cochituate water board. For estates valued SECT. 44. Whenever two or more dwellingtogether. Ibid. houses, or other estates, are valued together for the assessment of taxes, the water registrar, under the direction of the Cochituate water board, shall make a separate valuation of the same; and whenever a portion only of any estate is justly chargeable for any water rate, the water registrar shall make a proper valuation of the said portion; WATER. 743 and the water rates hereinbefore provided shall Sept. 7,1S69. apply to such valuations respectively. SECT. 45. When large quantities of water are For railroads, hotels, and manurequired, as in the case of railroads, hotels, man- factungestablishments. ufacturing and other establishments, the Cochitu- Ibid 1 Allen, 361. ate water board shall have power to ascertain by meters the amount of water used; and the proprietors or occupants of hotels, taverns, boardinghouses, or any other establishment using large quantities of water, shall also have authority to place within their premises, at their own expense, a sufficient water meter, to be approved by the water registrar, for the purpose of measuring the quantity of water by them respectively used. The charge for the use of water by meter shall be three centsfor one hundred gallons, to be collected quarterly by the water registrar; and all such bills shall be paid within ten days thereafter, or the water registrar shall cut off the supply, after sending a summons, as provided in section fifteen. SECT. 46. For the use of water from hydrants Forthefiredepartment. and reservoirs, in extinguishing fires, the fire Dec. 10,1869. department shall be charged for each hydrant and reservoir established within the limits of the city, the sum of eighteen dollars per annum; and for furnishing said hydrants and keeping them and the reservoirs in repair and ready for use, the fire department shall be charged, for each hydrant and reservoir established within the limits of the city, the sum of twelve dollars per annum. 744 WATER. Forpublicfon- SECT. 47. For water supplied for fountains tains and other public pu8oses. and other public purposes, the water board may Dec. 10, 186,. charge the department of the government ordering the water at the same rate that individuals or corporations are charged for water supplied for similar purposes. No charge for pipes SECT. 48. No charge shall be made for the to be used only in caseof fire right to insert a pipe of not more than one inch Sept. 7, 1869. in diameter, at the expense of the water-taker and to be used only in case of fire. Pipes not to be laid SECT. 49. Whenever application is made to in unaccepted streets less the Cochituate water board by parties who have properly graded. bid e. built, or may intend to build, upon unaccepted streets, for an extension of the water-pipes, or the use of the Cochituate water from pipes already laid, the said board shall refuse such application, unless, upon an examination of the premises by the city engineer, it is found that the street is properly graded, to a level of at least eighteen feet above mean low water, and that the cellars and yards are filled with material, satisfactory to said board, to a level of at least twelve feet above mean low water. Repeal of former SECT. 50. The ordinancee providing for the drdinances, ibic. care and management of the Boston water works, passed the thirty-first day of October, A. De eighteen hundred and fifty, and all ordinances in addition thereto, and amendatory thereof, are hereby repealed; said repeal to take effect on the first day of January, A. D. eighteen hundred and seventy. WEIGHTS AND MEASURES. 745 WEIGHTS AND MEASURES. STATUTES. 18. "Hundred weight" to be con1. Mayor and aldermen may ap- stred the net hundred. point sealers of weights and 19. Rules for weighing. Penalty measures. for violation. Who to be 2. Sealers of weights, &c., shall deemed public weighers. keep an office where weights, 20. Provisions respecting measures measures, &c., shall be sent to for salt and grai be sealed. 21. Sealers required to go to houses, 3. Sealer shall go to houses, stores, stores, &c., to seal weights, &c., of such as neglect to bring &c. in weights, &c., and shall seal 22. Penalty on parties refusing to the same; double fees and ex- have weights, &c., sealed. penses; penalty for refusing to 23. Penalty for altering or using have weights, &c., sealed; pen- any sealed weights or meaalty for using same without sures. sealing; penalty for altering 24. Sealers may be paid salaries by same. cities, &c. 4. What weights, measures, and 25. Sealers may be removed from office in cities. balances to be authorized office in cities. standards. 26. Milk cans not to be sealed that 5. State treasurer to furnish towns hold a factional part of a with sets. quart. 6. County, city, and town treas- 27. Act to be accepted by city, &c. urers to provide for safe keep- 28. Weighers of boilers and heavy ing, &c. machinery may be appointed 7. Penalty on treasurers for ne- b board of aldermen, &c.; glect. fees; removal. 8. Treasurers to have standards proved. Penalty.ORDINANCE. 9. Each town sealer to have set of 1. Sealers of weights and measures standards. to be appointed in March or 10. Sealers accountable to towns April. for preservation of standards. 2. Sealer to be paid by salary, and LI. Treasurers, deputies, and seal- give bond. ers, to have seal. Form of. 3. Sealer shall keep a book and 12. Sealers annually to notify in- make a record of his doings. habitants, &c., to have 4. Sealer shall collect and pay weights, &c., proved. over fees quarterly. 13. Sealers to annually visit and 5. Sealer shall not be agent for prove platform, &c., not to selling scales, &c. remove standards, &c. 6. City shall provide office and 14. Penalty for neglect. transportation. 15. Fees of sealers. 7. An assistant may be appointed 16. Vibrating steelyards allowed to when necessary. be used, if sealed. 17. Penalty for using unsealed weights, &c. 63 746 WEIGHTS AND MEASURES. STATUTES. Sealer of weights 1. The selectmen of each town shall annually, in March or and measures, &c. G. s 8, ~37. April, appoint the following town officers, unless the inhabitants at their annual meeting choose them: One sealer of weights and measures, and as many more as the inhabitants at their annual meeting determine, and they may also see post, 25. appoint a gauger of liquid measures; and the selectmen may at any time remove such sealers or gaugers, and appoint others in their places. Sealer of weights 2. By the statute of eighteen hundred and seventeen, chapter and measures shall fifty, it was provided that it shall be the duty of the sealer of keep a house or office, where weights and measures within and for the town of Boston, to be weights, measures, a t l &cshall besent provided with a house, or office, and to which all persons using to be sealed. scale beams, steelyards, weights or measures within the town of 1817, c. 50, 1. 7, c. ~1. Boston, 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 town, to send annually their scale beams, steelyards, weights, and measures, for the purpose of having the same tried, proved, and sealed, as provided in the act of seventeen hundred and ninety-nine, chapter sixty. Sealer shall go to 3. It was also provided by the same act, that the said sealer houses, stores, and. shopsofsuch as is authorized and required to go to the houses, stores, and shops neglect to bring in of all such merchants, innholders, traders, retailers, and of all other weights, measures, &c., and shall seal persons living or residing within the said town of Boston, using the'same. beams, steelyards, weights, or measures, for the purpose of buying Ibid. ~ 2. 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, Double fees and and sealed, and shall be entitled to demand and receive therefor, expenfor refus double the fees he would be entitled to demand and receive Penalty for refusal to have weights, for the same, if such beams, steelyards, weights, and measures measures, &c., seasled. had been sent to his said house or office, and all expenses attending the removal and transportation of the same; and if any such person or persons shall refuse to have his, her, or their beams, steelyards, weights, 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. Penalty for And if any such person or persons shall use any beam, steelyard, weight, or measure which shall not conform to the public WEIGHTS AND MEASURES. 747 standard, the same not having been tried, proved, and sealed using same without sealing. within one year preceding such use of the same, he, she, or they, wi7c c 0, ~ 2. 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 any such person or persons shall Penalty for altering same. alter any beam, steelyard, weight or measure, after the same shall Seeigost,~ 23. 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. 4. This section and the fifteen following sections contain the What weights, provisions of the General Statutes, relating to the sealing of aecaest.. d bea-tho weights and measures. The weights, measures, and balances ized standards. Zn 0 57G. S. 51,~ 1. received from the United States, and now in the treasury of the u. s. Const. art. 1, commonwealth, to wit, one half bushel, one wine gallon, one wine ~ 8 quart, one wine pint, one wine half pint, one yard measure; a set of avoirdupois weights, consisting of fifty, twenty-five, twenty, ten, five, four, three, two, and one pounds, and from eight ounces down to one drachm; 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; also the measures caused to be made by the treasurer and now in the treasury, to wit, one of eight quarts, one of four quarts, one of two quarts, and one of one quart, dry measure, shall be, remain, and be used, as the sole authorized public standards of weights and measures.1 5. The treasurer shall furnish to each town hereafter incor- Treasurer to furnish towns with porated, at a cost not exceeding one hundred and fifty dollars, a selOswth complete set of standard weights, measures, and balances, such as Ibid. ~ 4. have been furnished to other towns, made to conform as near as practicable to the models caused to be made by the treasurer as town standards. The expense of transportation shall be defrayed by the town. 6. The several county, city, and town treasurers shall, at the County, city, and expense of their respective counties, cities, and towns, provide town treasurers to provide for safe therein places for the safe and suitable keeping and preservation keeping, &c. of the weights, measures, and balances, furnished by the common- Ibid. ~ 5. wealth, which shall be used only as standards. They shall have the care and oversight thereof; shall see that they are kept in 1 Gen. Stats, c. 51, ~~ 2, 3, omitted in the text, make provision for the keeping and replacing of the standard weights and measures, and for the appointment by the treasurer of the commonwealth of a deputy, &c. 748 WEIGHTS AND MEASURES. G. S.51,~5. good order and repair; and if any portion of them are lost, destroyed, or irreparably damaged, shall, at the expense of the county, city, or town, replace the same by similar weights, measures, or balances. Penalty on treas- 7. Each treasurer who neglects to provide a suitable place for urer~ for neglect. keeping such weights, measures, and balances, or to keep them in good order and repair, or who suffers any of them through his neglect to be lost, damaged, or destroyed, shall forfeit two hundred dollars, to be recovered by indictment. Treasurers to have 8. Each treasurer shall once at least in every ten years have tandards proved. the standards in his custody tried, adjusted, and sealed by the Penalty. Ibid. ~7. treasurer of the commonwealth, or his deputy; the expense whereof shall be paid by the respective counties, cities, and towns. Every treasurer who neglects to have the standards under his charge so sealed, shall forfeit a sum not -exceeding fifty dollars, Each town sealer 9. When a city or town votes to have more than one sealer of tohsavesetofstand- weights and measures, the treasurer shall, at the expense thereof, ards. Ibid. ~8. procure and preserve the necessary additional seals, weights, and measures, before specified; so that each sealer may have a complete set of the same. Sealers account- 10. Every sealer of weights and measures shall receive of the ble to towns for treasurer a set of the standards and seal, and shall give him a receipt preservation ofsel a g a standards. therefor, expressing the condition in which the same are; and he Ibid. ~ shall be accountable to the city or town for the due preservation of the same in the like condition, until he re-delivers them to the treasurer. Treasurers, depu- 11. The treasurer of the commonwealth and his deputy, the ties, and sealers, to county treasurers, and the city and town sealers, shall each keep have seal. Form of. a seal for their several uses. The seals of the treasurer and of his Ibid. ~10. dceputy, shall be the letters C. M., those of county treasurer shall be the initial and final letters of their respective counties, followed by the letters Co.; those of city and town sealers, the name of their respective cities or towns, or such intelligible abbreviation thereof as the mayor and aldermen, or selectmen, may prescribe. Sealers to notify 12. Every sealer of weights and measures shall annually, in inhabitants, &c., to May, advertise in some newspaper, or post up notifications in have weights, &c., proved, different parts of the city or town, for every inhabitant who uses Ibid. ~11. weights and measures for the purpose of buying and selling, and for public weighers who have the same, to bring in their measures, weights, balances, scales, and beams to be adjusted and sealed; and he shall forthwith adjust and seal all weights and measures brought to him for that purpose. Sealers to visit and 13. The sealers of each city and town shall go annually to prove hay scale, &c. every hay scale or platform balance which cannot be readily WEIGHTS AND MEASURES. 749 removed, try, and adjust, and seal the same. No sealer, except Sealers not torefor the purposes of this section, shall carry his standards of Move standards, weights, measures, or scales from one place to another, for the G.s.5, ~ 12. purpose of adjusting others. 14. For every neglect of any duty prescribed in the three Penaltyforneglect. preceding sections, the sealer shall forfeit a sum not exceeding Ibid.~ 13 twenty dollars. 15. Each sealer of weights and measures, including the dep- Fees of sealers. Ibid. ~ 14. uty of the treasurer and county treasurers, shall receive a fee of three cents for every weight, measure, scale, beam, or balance by him sealed, except platform balances. For sealing each platform balance, weighing five thousand pounds and upwards, the sealer shall receive one dollar, and for each platform balance weighing less, fifty cents. Every sealer shall also have a reasonable compensation for all repairs, alterations, and adjustments which it is necessary for him to make. 16. The vibrating steelyards which have been heretofore Vibrating steel-, -, -i * -i * c^ j i i- i i -i'- yards allowed to be allowed and used in this State, may continue to be used; provided, yedf sealed.t that each beam, and the poises thereof, shall be annually tried, Ibid. ~15. proved, and sealed by a sealer of weights and measures, like other beams and weights. 17. Whoever sells by any other weights, measures, scales, Penalty for using beams, or balances than those which have been sealed as before usealed weights, provided, shall forfeit a sum not exceeding twenty dollars for Ibid. ~ e. each offence; and when, by the custom of trade, they are provided by the buyer, if he purchases by any other weights, measures, scales, beams, or balances, he shall be subject to a like penalty, to be recovered by an action of tort to the use of the complainant.1 18. When commodities are sold by the hundred weight, it "Hundred weight" shall be understood to mean the net weight of all packages from to be eonstrued the net hundred. one to one hundred pounds avoirdupois; and all contracts con- Ibid. ~17. cerning goods sold by weight shall be understood and construed accordingly. 19. Every public weigher of goods or commodities shall weigh Rules for weighing. the same according to the provisions of the preceding section, Penalty fr violaand make his certificate accordingly; and for each refusal or neg- tion. Whotobe b'0 J'deemed public lect he shall forfeit a sum not exceeding ten dollars. Every weighers. weigher of goods appointed by a city or town, and every weigher Ibid. ~18. for hire or reward, shall be deemed and taken to be a public weigher within the provisions of this section. 20. In every city and town in which section twenty-three, of Provisions respectchapter thirty, of the Revised Statutes, has been adopted accord- "g Tmesgres for salt and grain. Ibid. ~ 19. 1For provisions of law relating to the measurement of charcoal, see "Wood, Bark and Coal," post, p. 759, ~~ 14, 15, 16, 17. 63* 750 WEIGHTS AND MEASURES. G. s., ~19. ing to the provisions thereof, or in which the provisions of this section shall be accepted by the city council of the city, or by the inhabitants of the town at a legal meeting, every measure by which salt or grain is sold, in addition to being conformable in capacity and diameter 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 first-described bar. And whoever sells, or exposes to sale, any salt or grain in any other measure, or fills or strikes such measure in any other manner than is provided in this section, shall forfeit fifty cents for every bushel of salt or grain so measured, filled, or stricken; 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 city or town. sealers of weights, 21. By an act passed April twenty-three, eighteen hundred &t., required to go and sixty-three, new provisions relating to sealing weights to stores, &c., and seal measures and and measures, are made as follows: The respective sealers of balances. e 3, c. 179, ~. weights and measures in the several cities and towns are authorized and required to go to the houses, stores, and shops of all such persons within their respective cities and towns using weights and measures for the purpose of buying and selling, as shall neglect to bring in their weights, measures, milk-cans, balances, scales, and beams to be adjusted and sealed, and there at the said houses, stores, and shops, having entered the same with the assent of the occupant thereof, to adjust and seal the same, or send the same to his office to be adjusted and sealed, and shall be entitled to receive therefor the fees provided by law, together with all the expense of removing the same. Persons refusing to 22. If any such person shall refuse to have his measures, healemeasureso., milk-cans, weights, balances scales, or beams, so tried, adjusted, sealed, liable to a w tc uem penalty. and sealed, the same not having been tried, adjusted, and sealed Ibid. ~ 2. within one year preceding such refusal, he shall forfeit ten dollars for each offence, one-half to the use of the city or town, and one-half to the use of the sealer of weights and measures. Persons altering 23. If any person shall alter any weight, measure, milkmeasures, weights can, scale balance or beam after the same shall have been &c., liable to a pen- e e am, alty. adjusted and sealed, so that the same thereby shall not conform Ibid. ~3. to the public standard, and shall fraudulently make use of the WEIGHTS AND MEASURESo 751 same, he shall forfeit for each offence the sum of fifty dollars, 1863,c.179,~3. one-half to the use of the city or town, and one-half to the use of the complainant. And any sealer when he shall have reasonable cause to believe that any weight, measure, milk-can, scale, balance, or beam, has been altered since the same was last adjusted and sealed, is authorized and required to enter the premises in which any such weight, measure, milk can, scale, balance, or beam is kept or used, and examine the same. 24. The city council of any city may by ordinance, and any city coundil may town may by by-law, provide that the sealer of weights and provide to pay sealer by salary. measures for their respective city or town be paid by a salary, Ibid. ~4. and that he account for, and pay into the treasury of the city or town, the fees received by him by virtue of his office. 25. The mayor and aldermen of any city are authorized Sealermaybe to remove the sealer of weights and measures at any time they remed. may see fit. 26. No milk-can shall be sealed by any sealer which does not Milk cans to concontain one or more quarts without any fractional part of a quart. ain even quarts. Ibid. ~ 6. 27. This act shall not take effect in any city or town until it Act to be accepted. shall have been accepted by the city council of such city, or by the Ibid.~ 7. inhabitants of said town, at a legal meeting.1 28. An act passed April twenty-three, eighteen hundred and Board of aldermen sixty-three, provides for the appointment of weighers of boilers may ap oipnt weighers of boilers, and machinery, as follows: The mayor and aldermen, or select- &c. 1863, c. 173, ~ 1. men, of any city or town where boilers and heavy machinery are sold, shall appoint one or more persons, not engaged in the manufacture or sale thereof, to be weighers of boilers and heavy machinery, who shall be sworn to the faithful discharge of their duties, and shall receive such fees as may be ordered by the board appointing them, which shall be paid by the seller, and shall be removable at the pleasure of the appointing power.2 ORDINANCE.3 SECTION 1. The mayor, by and with the con- ealers of weights and measures to be sent of the board of aldermen, may annually, in appointed. July 6, 1863. the month of March or April, appoint three Oct.16,1869. 1 Accepted by the city council, July 6, 1863. 2 By a vote of the mayor and aldermen, passed June 24,1863, weighers of boilers and other heavy machinery, are allowed to charge for their services, under the act of April 23, 1863, a sum not exceeding fifty cents per ton. 3 An ordinance relating to the sealing of weights and measures, passed July 6, 1863; amended June 3,1864, January 25, 1867, October 15, 1869. 752 WEIGHTS AND MEASURES. July 6,1863. sealers of weights and measures, who shall serve Oct. 15, 1869. during one year, and until others are appointed and qualified in their stead, and shall have all the powers, and perform all the duties, prescribed in the laws of the commonwealth relative to the sealers of weights and measures. Sealerto bepaid by SECT. 2. Each sealer of weights and measures salary, Jly, 1863. shall receive, in full compensation for his services, such salary as the city council may from time to Bond. time determine, and shall give bond, with one or more sureties, to the approbation of the board of aldermen, in the sum of three thousand dollars, with condition that he shall faithfully perform all the duties of his office. Sealer shall keep SECT. 3. Each sealer of weights and measures book. June3,1864. shall keep a book, provided by the city, which shall be divided into twenty-four columns, with subdivisions, in the following form, viz: Plceo ndof Amount and k of each Nr Amounts Pof hisl ofcsealed. kin andkind of k a ap.opria olumis s ive. And whenever he performs any duties by virtue of his office, he shall enter in said book, in the capplropriate columns and subd ivision, all the appropriate columns and subdivisions, all the WEIGHTS AND MEASURES. 753 particulars enumerated in said titles, and every June 3,1864. such book shall be the property of the city of Boston, and shall be delivered by each sealer, at the expiration of office, to the city treasurer. SECT. 4. Each sealer shall collect, account for, Sealershall collect and pay over fees and pay into the city treasury, all the fees received quarterly. July 6,1863. by him by virtue of his office, and shall make a Jan. 25,1867. quarterly report, under oath, to the board of aldermen, of all moneys so received and paid over, and before receiving the quarterly instalments of his salary shall deliver to the treasurer a sworn certificate that he has discharged all the duties required of him by the statutes, and has, in all respects, complied with the provisions of this ordinance. Each sealer shall, annually, on or before the tenth day of January, make a report to the city council containing a statement in detail of the expenses of his department during the preceding year, the amounts received and paid into the treasury, and the property under his charge belonging to the city. SECT. 5. No sealer of weights and measures sealershalnotlbe agent for selling shall sell, be the agent for selling, or receive any scales. I^~~~~~ ^ ~ ~ ~ n~~~ ~ ~ J ~~~~ July 6, 1863. commission on the sales of, scales, beams, balances, platform balances, weights or measures, or receive any commission for recommending the same, or upon any part of the charge for adjustment or repairs. SECT. 6. The office of said sealers of weights City shall provide tl"as1)por tation, &c. and measures shall be in the city hall, and the Jan. 25 1867 committee on weights and measures shall provide 754 WELLS AND PUMPS. Jan. 25,1867. transportation for their standards. Said sealers shall make no contracts involving the expenditure of money, without first having obtained the approval of the committee on weights and measures. Asisitnt allowed. SECT. 7. Whenever it may be necessary for the July 6,1863. proper discharge of his duty, any sealer may be allowed an assistant, to be nominated by such sealer and appointed by the board of aldermen, and such assistant shall be paid such compensation as the city council shall determine. WELLS AND PUMPS. 1. Public wells to be provided with 3. Owner of estate to be released in pumps. Expense to be as- certain cases. Proviso. sessed on persons using the 4. Penalty for injuring, &c., public same. pumps. 2. Owner of estate assessed to pay within ten days. ORDINANCE.1 Public wells to be SECTION 1. It shall be the duty of the board provided with pumps. of aldermen to keep all wells belonging to the Dec. 30, 1833. city supplied with suitable pumps, and to keep the same in good order and repair; and to assess sessen on persons the cost of said pumps, and the expense of keepusing te same. ing them in repair, and also a reasonable charge for the use of the same, annually, upon the owners of real estate in the vicinity of such wells when the tenants thereof use the water from them; and 1 An ordinance for the repair and keeping in order the public wells and pumps, passed December 30, 1833. WELLS AND PUMPS. 755 where the land owners are absent from the corn- Dec.30,1833. monwealth, or are unknown, they shall assess their proportion of the same, upon the occupants of such real estate, and this assessment shall be a charge on the estate. SECT. 2. The owner or tenant of such real Ownerofestateassessed to pay withestate, as the case may be, being assessed as nten days. aforesaid, shall pay the amount of such assessment into the city treasury within ten days from the time of the delivery of the notice so to do; and in case of neglect to pay said amount for the space of ten days, it shall be the duty of the city treasurer to prosecute for the same. SECT. 3. If the said owner or tenant, being Ownerofestateto be released in cerassessed as aforesaid, shall make it appear to the ta cases. satisfaction of the board of 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 board of aldermen to release such owner or tenant from the payment of such assessment; provided, always, that in such case if it is after- Proiso. wards made 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 board of aldermen shall see fit to demand the same. 756 WITNESSES. Penalty for injur- SECT. 4. Whoever shall break or otherwise ing, &c., public pumps. injure any of the public pumps, or commit any Dec. 30,1833. trespass on the same, 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.' WITNESSES. STATUTES. fees; oath, by whom admir1. Witness to attend and testify istered. before municipal authorities; 2. If witness fails to attend, warshall produce books and rant may issue to answer for papers; how summoned; contempt. STATUTES. Witnesses to attend 1. Witnesses may be summoned, and compelled to attend, d testify; bring produce books and papers, and testify before any city council, or books and papers. 1863, c. 18, ~. either branch of such council, or any joint committee thereof, or special committee of either branch thereof, or any board of selectmen, at any hearing before any such council, committee, or boards as to matters within their respective jurisdiction; and such witnesses shall be summoned in the same manner, paid the same fees, and be subject to the same penalties for default, as witnesses h; ees before police courts of this commonwealth. And the presiding Oath; fees, n officer of such city council, or of either branch thereof, and any member of any such committee or board of selectmen, are hereby severally authorized to administer oaths to all such witnesses as shall appear before such council or either branch thereof, or any such committee or board respectively. If witness fails to 2. In case any witness so summoned and paid shall fail to If witness fails to attend, warrant attend in pursuance of such summons, the presiding officer of may issue. Ibid. 2. such city council, or of either branch thereof, or the chairman of the board of selectmen, may issue a warrant to bring such witness before them to answer for the contempt, and also to testify as a witness in the cause in which he was summoned. 1 Now the municipal court. For penalty for the corruption of any spring of water or aqueduct, see "Health," ante, page 331, ~ 93. WOOD, BARK AND COAL. 757 WOOD, BARK AND COAL. STATUTES. 16. Penalty for having, &c., illegal 1. Dimensions of cord wood. measures. 2. Penalty for selling wood, &c., 17. Seizers of illegal measures tobe not measured. appointed; their duties. 3. Fees to be fixed by mayor and aldermen. OnD2;ANCE. 4. WVoocl, &c., brougi-Tin tnbywater, 4. Wood, &c., brouht in by water,. Board of aldermen may assign how measured. Cities, &c., places for measuring and sale may make ordinances, ap- of wood and bark brought by point surveyors, &c. land.. Carters to have tickets. 2. Penalty for standing in places 6. Cities may regulate inspection not assigned. and sale of bark. 3. Measurers of wood and bark to 7. Anthracite, bituminous, or be appointed by the mayor, mineral coal to be sold by &c. Tenure of office and weight except, &c. 200 powers and duties. pounds to be a ton. 4. Fees to be established by alder8. Mayor and aldermen to appoint men weighers. 5. Measurers of wood and bark 9. Coal to be weighed before de- brougt by water to be apliEvery. pointed by the mayor; fees to 10. Buyer may select weigher. be established by the alder11~. Penalties. ^men. Powers and duties. 12. Weighing may be waived. 13. Fraud, effect of. RULES AND REULATIONS. 14. Form and dimensions of charcoal measures. 1. Weighers; their fees. 15. Boxes, bins, cans, &c., of large 2. Fees for measuring coal and dimensions, bark brought to the city. STATUTES. 1. Cord wood exposed for sale shall be either four, three, or Cord wood, dimentwo feet long, including half the kerf; and the wood, being well. s., ~ 8. and close laid together, shall measure in quantity equal to a cord 2 Aen, 317. of eight feet in length, four in width, and four in height. 2. If any firewood or bark exposed to sale in a market, or Penalty for selling upon a cart or other vehicle, is offered for sale before the same Odel.,.l.ot has been measured by a public measurer of wood and bark, and Ibid. ~ 82. 7 Cnsh. 371. a ticket thereof signed by him delivered to the driver, certifying 10 Gray, l ). the quantity which the load contains, the name of the driver, and the place in which he resides, the driver and owner shall for each load thereof, severally forfeit the sum of five dollars. 3. The measurers of wood and bark in any place shall be ees. entitled to such fees for their services as the mayor and aldermen Ibid.- 83. 64 758 WOOD, BARK AND COAL. G. S. 49, ~183. or selectmen shall establish; and the fees shall in each case be paid to the measurer by the driver, and shall be repaid by the purchaser. Wood brought by 4. Cord wood brought by water into a place for sale and water, howmeas- landed, shall be measured by a public measurer; and for that purTowns may make pose the wood shall be corded and piled by itself in ranges, regulations, &c. p Ibid. ~184. 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 fees for such service. But cities and towns may establish ordinances and regulations, with suitable penalties, for the inspection, survey, admeasurement, and sale of wood, coal, and bark for fuel, brought into such places for sale, and 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 conveys any firetickets. wood or bark from a wharf or landing-place, shall be furnished id. ~18. by the owner or seller with a ticket certifying the quantity which the load contains, and the name of the driver; and if firewood or bark is thus conveyed without such ticket accompanying the same, or if a driver refuses to produce and show such ticket on demand to any sworn measurer, or to give his consent to have the same measured, or if such ticket certifies a greater quantity of wood or bark than the load contains, in the' opinion of the measurer after measuring the same, the driver and owner shall for each load thereof, forfeit the sum of five dollars. But nothing contained in this chapter shall be construed to extend to a person Proviso. who transports, carts, or causes to be transported or carted, from Ibid. a wharf or landing-place to his own dwelling-house or store, cord wood or bark which he has purchased on a wharf or landing-place, or has landed thereon upon his own account. Cities may regulate 6. The city council of a city may establish ordinances and inspection and sale regulations, with suitable penalties, for the inspection, survey, Ibid. ~186. admeasurement, and sale of bark for fuel, or manufacturing purposes brought into said city for sale, whether the same is exposed for sale in ranges, or upon a cart or other vehicle; and said city may provide for the appointment of such surveyors, inspectors, and other officers, as may be necessary to carry into effect said ordinances, and may establish their fees; provided, that no penalty for any one violation shall exceed the sum of five dollars. Anthracite, bitu- 7. Anthracite, bituminous, or mineral coal, when sold in quaninous, bor mineral1 tities of five hundred pounds or more, except by the cargo, coal, to be sold by weight, except,&c.; shall be sold by weight, and two thousand pounds avoirdupois 2000 pounds to be a pounds to e shall be the standard for the ton by which the same shall be' Ibid. ~ 187. weighed and sold. 5 Alien, 299. Mayor and alder- 8. The mayor and aldermen, or selectmen, of every place WOOD, BARK AND COAL. 759 where anthracite, bituminous, or mineral coal, is scld, shall appoint men to appoint one or more suitable persons to be weighers of such coal, who vwech8e s. 1865, c. 191, ~ 1. shall be sworn, and be removable at the pleasure of the board appointing them, and shall receive such fees as may be established by the board, which shall be paid by the seller. 9. On or before the delivery of any such coal to a purchaser, Coal to be weighed the seller shall cause the same to be weighed by a sworn weigher befo delivery. of the place in which the same is sold or delivered, who shall keep a record thereof, for the use of both parties. 10. Whenever the buyer of any such coal shall so request, at Buyer may select the time of making the purchase, the seller shall cause the same beidll.e to be weighed by a sworn weigher, not. the seller nor in his employ, 5 Allen, 299. and a certificate of the weight thereof, signed by the weigher, shall be delivered to the buyer or his agent at the time of the delivery of the coal. 11. Whoever violates any provision of the two preceding sec- Penalty. tions, shall, for each offence, forfeit thirty dollars. Ibid. ~ 4. 12. The provisions of this act shall not apply whenever the weighing may be buyer and seller mutually agree to waive the same previous to waived. the delivery of such coal. 13. Any fraud or deceit in the weight of coal, on the part of Fraud in weight. the seller, or of those employed by him to sell, weigh, or deliver Ibid.~6. the same, shall defeat any action for the price thereof. 14. In the sale of' charcoal, the baskets, tubs, or vessels used Form and dimenin measuring the same, except as hereinafter provided, shall be ions of charcoal I0~~~' 1 1measures. of a cylindrical form, and of the following dimensions in the inside G.. 49, ~ 191. thereof, to wit: nineteen inches in diameter in every part, and eighteen inches and one-tenth of an inch in depth, measured from the highest part of the bottom thereof; each of which shall be deemed to be of the capacity of two bushels, and shall be filled level full; and every such vessel shall be sealed by a sealer of the place in which the person using the same shall usually reside or do business. 15. Charcoal may be measured in boxes, bins, or cans, of the Dimensions of following capacities, to wit: of five, ten, twenty, thirty, forty, or bchrcoal boxes, fifty bushels, such boxes, bins, or cans, being first lawfully sealed Ibid. ~192. as aforesaid; and five thousand one hundred and thirty-two cubic inches shall be deemed equal to two bushels, or the level basket, tub, or vessel, described in the preceding section. 16. Every vendor of charcoal, who has in his possession any Penaltyforhaving basket, tub, box, bin, vessel, or measure of less dimensions than &cu.rllegal measthose required by the two preceding sections, or not sealed as Ibid. ~193. therein provided, with intent to use the same, or permit the same to be used for measuring charcoal, sold or agreed to be sold, shall forfeit ten dollars for every such measure in his possession. And 760 WOOD, BARK AND COAL. G. S. 49, ~ 1.93 every person who measures in any such basket, vessel or measure, any charcoal sold or offered for sale, unless by special agreement of the buyer and seller, shall forfeit a sum not exceeding one dollar for every two bushels so measured or pretended to be measured, and such basket, vessel, or measure, shall be destroyed. Persons to be ap- 17. The mayor and aldermen or selectmen of every place shall pointed to seize illegalt easures, &, appoint one or more suitable persons to seize all baskets, vessels, and arrest without or measures used or intended to be used for measuring charcoal, warrant, &c. Ibid. ~194. and not conforming to the foregoing provisions; and to arrest, without warrant, any person having in his possession such baskets, vessels, or measures, and take him and them before the proper tribunal for prosecution; and upon his being convicted or found guilty, such tribunal shall order said baskets, vessels, and measures to be destroyed. ORDINANCE.1 Aldermen to assign SECTION 1. The board of aldermen may assign places for measuringandsaleof as many places for the measuring of wood and wood and bark. t 31, I850 bark, brought into the city by land for sale, as they may deem expedient; and they may assign places for the sale of such wood and bark. Penalty for stand- SECT. 2. Any person bringing wood and bark ing in places not assigned, &c. as aforesaid, into the city for sale, who shall, Ibid. before or after the same has been duly measured, stand for the sale thereof in any other street or place than those appointed by the board of aldermen, shall forfeit and pay the sum of not less than two, nor more than fifty dollars, for each offence. Measurers of wood SECT. 3. The mayor, by and with the advice and bark brought y,land to e ap- and consent of the aldermen, may annually pointed by the mfyori;tenureof appoint as many measurers of such wood and 1 An ordinance relating to the measuring of wood and bark, passed October 31, 1850. WOOD, BARK AND COAL. 761 bark as they may deem expedient, who shall oct.31,1850. 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. SECT. 4. Measurers of wood and bark shall Fees established by aldermen. be entitled to such fees for their services as the Ibid. board of aldermen shall establish, to be paid according to law. SECT. 5. The mayor, by and with the advice Measurersof ood and bark brought and consent of the aldermen, may annually by water appon*'n~ ~~~ v *J ted by the mayor, appoint four or more measurers of wood and I bark brought 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 board of 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. RULES AND REGOULATIONS.1 SECTION 1. The weighers of coal, appointed Feesforwei;hing. July 17,1865. under chapter one hundred and ninety-one, of the statutes of eighteen hundred and sixty-five, shall be entitled to receive the sum of five cents for each and every ton, or fraction of a ton (not less 1 Rules and regulations adopted by the board of aldermen, July 17, 1865, and June 6, 1866. 64* 762 WooD, BARK, AND COAL. Jly 19,1865. than five hundred pounds), of coal weighed by them, and this fee shall be in full for all their services, including the certificate of the weight thereof, and shall be paid by the seller. Said certificate shall contain the gross weight, the tare, and the number of the cart in which the same was weighed. ee,866. SECT. 2. From and after this date, the fees for the measurement of wood and bark, brought into the city of Boston, by land or water, shall be at the rate of ten cents per cord. REVISED ORDINANCES. 763 REVISED ORDINANCES. ORDINANCE, Be it ordained by the aldermen and common council of the city of Boston, in city council assembled, as follows: SECTION 1. All the ordinances printed and Adoptionof 1evised Ordinances. contained on the preceding pages of this book, Dec. 31,1869. having been codified, revised and printed under the direction of the joint committee on ordinances of the city council of the city of Boston, are hereby declared to be the ordinances of said city of Boston, and shall have the force thereof. SECT. 2. All other ordinances and parts of Repeal of former ordinances. ordinances heretofore passed by the city council Ibid. of said city are hereby repealed. SECT. 3. The repeal in the preceding section Rnpeainottoaffet rights accrued, &e. shall not affect any act done, or any right accru- Ibid ing 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 764 REVISED ORDINANCES. Dec. 31, 1869. 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 utntil 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 Former ordinan- the said repeal shall take effect, shall hold any ces, &c., not to be revived. office under any of the ordinances or orders Ibid. 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. in Board of Aldermen, Dec. 27, 1869. Passed. Sent down for concurrence. BENJAMIN JAMES, Chairman. In Common Council, Dec. 30, 1869. Concurred. WILLIAM G. HARRIS, President. Approved Dec. 31, 1869. NATHANIEL B. SHURTLEFF. Mayor. REVISED ORDINANCES. 765 RULES AND REGULATIONS. ORDER. SECTION 1. - Ordered: That all the rules and Adoption of rules and regulations, regulations of the board of aldermen of the city &c. Dec. 27,1869. of Boston, printed and contained in the book described in the first section of the preceding ordinance, entitled the " Revised Ordinances," be, and they are hereby, declared to be the rules and regulations of the board of aldermen of said city of Boston, and shall have the force thereof. SECT. 2. All other rules and regulations, and Former rules and regulations, &c., reall orders and parts of all rules and regulations pealed. Ibid. and orders heretofore passed by the board of aldermen, inconsistent with the rules and regulations described in the preceding section, shall be, and the same are hereby, repealed. SECT. 3. The repeal of the rules and regula- Repealofformer regulations, &c., tions and orders, and parts of rules and regula- limited. Ibid. tions and orders, as provided for in the next preceding section, shall be subject to all the conditions, limitations and restrictions, so far as they are applicable, described and set forth in the third section of the ordinance, entitled the "Revised Ordinances," mentioned in the first section of this order. In Board of Aldermen, Dec. 27, 1869. Passed. Attest: S. F. McCLEARY, City Clerk. I NDEX. I N D E X. A. ABATEMEI T S. ALDERMEN- continued. of nuisances....o. o. O... 316 proceedings in case full board is not ( See Nuisances.) chosen............. 8 of taxes, statutes relating to 661-664-675-682 judges of elections of its own members. 11 ordinance relating to...... 691 vacancies in board, how filled..... 12 (See Taxes.) members to be sworn in........ 13 of water rates............. 733 powers and duties of......... 15 ABSE N 1TEES. shall not hold office of emolument under from school.......... 557, 51 i city government........ 19 (See Truants.) to examine returns of votes for mayor 7 ACCOUNTS. proceedings in case there is no choice. 7 appointment of joint committee on.. 213 chairman of board, how chosen.... 13 appointment of auditor of...... 213, chairman of board ex-officio member of committee on to direct manner in which committee on finance...... 216 auditor's books shall be kept. 215 board shall call general meetings of citiACTION S. zens upon petition........ 29 by and against the city, where brought may authorize any person to enter into a and when removed....... 35 recognizance in behalf of city.. 33 if brought in Suffolk County may be re- shall be board of accounts for Suffolk moved to another county... 33 County........... 144 on ordinances, what may be set forth, shall elect three members on committee etc., o.... *... 34 on accounts........... 213 ADULTS. authorized to license ferries.... 203 schools for, maybe maintained.. 546 shall perambulate city lines...... 58 ADVERTISING. may give license for blasting rocks, etc. 40 regulations respecting signs, showbills, shall prescribe conditions of leases of etc., projecting into streets.. 613-630 stalls in Faneuil Hall Market.. 190 regulations respecting ringing bells, etc. shall approve rules, etc. of engineers, of in streets............ 61 Fire department......... 232 AGREEMENTS. shall provide suitable armories.... 448 for material or labor, members of city shall regulate use of steam-engines, etc. 590 council and city officers not to be may examine steam-engines, and prohibit interested in........ 137 use............... 591 AGRICULTURE. by authority of the city council may reto be taught in public schools..... 546 strain sales by minors...... 302 ALARMS. may make rules, etc., in relation to police 530 office............. 251 may offer rewards for detection of crimi(See Fire Alarms.) nals.............. 539 ALBANY ST. may abate booths, etc., for gaming near city authorized to extend...... 617 public gatherings.......... 36 ALDERMEN. duty of, to suppress unlawful assemboard to consist of twelve persons.. 3 blies............ 539-540 election of.......... 9, may summon witnesses, *. o... 756 66 782 INDEX. ALDERMEN-continued. ALDERMEN - continued. shall enforce game laws........ 185 shall enforce vaccination of inhabitants 320 shall approve appraisers' award of dam- may give dead bodies of paupers to surages done by dogs........ 154 geons or physicians under certain may grant licenses for keeping billiard circumstances............ 327 tables, bowling alleys, etc.... 41 may give permission for digging graves may grant licenses for intelligence offices 413 in city.............. 338 may license dealers in second-hand arti- may make regulations relating to intercles............... 565 ment ofthe dead........ 340 may license pawn-brokers....... 509 shall cause suitable privies, etc., to be may grant licenses for storage, etc., of furnished for tenement houses.. 347 petroleum.......... 513-515 may remove occupants of tenements. 350 may license erection and firing of brick-may order removal of offal, etc..... 353 kilns.............. 255 shall designate places for the sale of hay may license keeping fowls, swine, and and straw........ 308 goats.............. 355 shall establish public scales...... 309 may license sale of fish in certain streets 354 empowered to set up lamps.... 421 may make rules and orders for regu- may authorize the construction of prilation of carriages, etc...... 96 vate telegraph lines....... 693 may make rules, etc., relative to passage may adopt rules in relation to itinerant of vehicles in streets....... 97 musicians......... 465 rules, etc., in relation to carriages... 97Sewers rules, etc., in relation to omnibuses.. 106 may make and maintain common rules, etc., in relation to wagons, etc... 107sewers and drains.. 568 may license hackney carriages..... 98 shall make assessments for constructmay license trucks, wagons, etc..... 108g sewers, etc573-574 ing sewers, etc.....573-574 may give directions respecting stand- may compel owners of land to make ing of carriages......... 102 drains.. 57475 may license erection of stables.... 81-82hall provide cesspools, etc., i crshall provide county buildings.... 80 tain cases......... 579 may take land for a court house.... 80 shall determine amount to be paid shall file description of land taken... 80for cleansing vaults... 349 shall examine defective chimneys, etc.. 120 Streets proceedings when county buildings are powers in laying out, widening, etc. to be erected.......... 8015-597-598-599-600-605 may license chimney sweepers..... 121 shall be surveyors of highways. 19-614 proceedings when foul chimneys are re-yors of highways 614 duties of as surveyors of highways 614 ported............ 123 may designate names of private ways 614 shall have care and custody of publicauthorized to aff numbers to buildauthorized to affix numbers to buildsquares, etc........... 130 ings............. 91 may make rules, etc., in relation to care shall erect stone bounds at termini of Common and public squares.. 133 and angles of streets..... 608 shall make and post lists of voters.. 25-163 shall give exact location of streets. 609 shall be in session and correct voting may close up private ways.... 609 lists before elections....... 163 may grade, etc.. streets on private when not answerable for omissions from lands............ 609 voting lists........... 164 may take lands to protect streets, etc. 610 shall examine and compare returns for shall have direction and control of election of national and state offi- the supt. of streets.... 623 cers................27-165 authorized to lay out streets in continumay examine ballots transmitted by ation of Broad and Commercial ward officers to city clerk.... 168 streets........... 615 shall fix time for opening and closing authorized to continue Harrison avenue 615 the polls............ 176 authorized to continue Clinton street. 616 may grant use of ward rooms for politi- authorized to continue Charles street. 616 cal meetings......... 709-710 anthorized to lay out Atlantic avenue. 618 shall prepare and post jury lists.... 419 authorized to lay out and widen Oliver shall constitute board of health.... 331 street............ 619 shall approve appointment of asst. supt. authorized to reduce the grade of estates of health............ 333 on Fort Hill......... 619 INDEX. 783 ALDERMEN - continued. AMUSEMENTS - continued. may take gravel-pits for repairs of aldermen may examine licensed places 37 streets............. 640 license may be revoked........ 37 may assess betterments for laying out, ANIMALS. etc., streets........... 605 penalty for exhibition of fighting... 35 may grant permits for occupation of not to be fed in streets....... 635 streets for building purposes.. 625 not to go at large in streets, etc...... 636 may assign places for the sale of wood not to be kept in tenement houses, etc. 697 and bark............ 760 APPRENTICES. may give licenses for opening streets. 624 minors, how bound as...... 501-504 may give licenses for removal of street APPROPRIATIONS. dirt, etc............ 628 estimates of to be made by auditor of may give permission for moving build- accounts in February, annually. 219 ings............... 628 purposes for which the city council may may license projection of signs, etc., into make.............17-674 streets........... 630-631 AQUEDUCTS. may license standing in streets to sell penalty for injuring.......... 331 articles, etc............ 631 authority to build and maintain... 716 may license the construction of cellar (See Water.) doorways, etc.......... 632 AQUEDUCT CORPORATION. may license the keeping open of cellar city authorized to purchase property of 722 doorways, etc......... 632 ARITHMETIC. may license excavations in streets...633 to be taught in public schools..... 546 may regulate'the construction of coal ARLINGTON STREET. holes, etc.........634-642, 644 to be buillt by Commissioners on Back may license persons to water streets.. 636 Bay............... 129 may regulate the width and height of ARMORIES. sidewalks..........636-637 to be provided by cities, etc..... 448 power to license under the street ordi- rent, etc. of, to be certified to adjt. genl., 449 nance.............. 641 claims for rent of, how audited.... 449 may appoint porters and regulate their penalty for false certificate...... 449 wages.............. 531 examination of............ 449 adoption of revised rules and regula- authority to appropriate money for..674 tions............. 765 ARMS. repeal of former rules, etc....... 765 may be issued to English High and (See " Mayor" and "City Council.") Latin schools.......... 561 ALGEBRA. ARSENIC. to be taught in public schools..... 546 penalty for selling without written preALLEYS. scription............ 331 (See Streets.) ASHES. ALMSHOUSES. shall be kept in metallic vessels.. 251-699 insane in, how transferred to hospitals. 371 removal of.............351-353 certain persons not to be sent to State not to be thrown into streets without almshouse.......... 493-494 license............. 352 towns, etc., liable for support of paupers not to be thrown into harbor..... 294 in............... 494 ASSESSMENT DISTRICTS..... 669 AMMUNITION. (See Taxes.) to be provided by cities for militia.. 446 ASSESSMENT OP TAXES. AMUSEML ENTS. statute provisions respecting....653-674 mayor and aldermen may license if ordinance concerning....... 687-692 money is taken......... 34 (See Taxes.) penalty for not obtaining license.... 35 ASSESSORS OF TAXES. masked balls, etc., forbidden..... 35 statute provisions relating to the assesspenalty for exhibiting, etc., fighting birds ment of taxes.......... 653 or animals.......... 35 nomination and election of assessors by persons not to be excluded or restricted city council.......687, 688-689 from public places licensed.. 37 tenure of office............ 689 no seats to be placed in passageways. 87 organization of the board....... 689 police officers or constables to be em- office hours of............. 469 ployed in............ 37 records of.............. 690 784 INDEX. ASSESSORS OF TAXES - continued. AUCTIONEERS - continued, estates and polls to be assessed..... 691 shall keep an account of sales..... 38 abatements of taxes by........ 691 penalty for receiving goods from minors 38 to deliver tax bills on or before October penalty for selling without license.. 39 1st.............. 692 penalty for fraud or deceit....... 39 shall assist aldermen in making lists of licenses may be granted conditionally. 39 voters............. 26 pedlers holding license as, not to sell exshall take a list of all dogs owned or kept 151 cept in place described in license. 305 shall make a list of persons liable to AUDITOR OF ACCOUNTS. enrolment............ 445 appointment and duties........ 213 penalty for not giving information to 446, 660 auditor pro tempore.......... 214 (See Taxes.) office hours of............. 469 ASSISTANT ASSESSORS OF shall give bond.......... 55 TAXES. 688-690 treasurer to have custody of.... 57 ASSISTANT CITY CLERK... 124 shall keep a set of books........ 215 (See City Clerk.) shall examine bills........... 216 ASSISTANT DISTRICT ATTORNEY. shall not pass bills where city officers are appointment of......... 142 interested in contract, etc..... 137 ASSISTANT ENGINEERS. shall countersign drafts on city treasfire department........... 231 urer............. 215 (See Fire Department.) shall sign certificates of debt...... 220 ASSISTANT SUPERINTENDENT shall pass money to credit of committee OF HEALTH........... 333 on reduction of city debt..... 218 (See Health.) shall make a schedule of leases annually 219 ASSISTANT CITY MESSENGER. 444 shall prepare estimates of expenses and (See Messenger.) income for the ensuing year... 219 ASSISTANT CITY REGISTRARS 537 shall make an annual statement of re(See Registrar, City.) ceipts and expenditures of city.. 220 ASSISTANT SEALERS. may require claimants to make oath to of weights and measures....... 754 certain facts......... 136 (See Weights and Mleasures.) shall audit coroners' accounts... 144 ASSISTANT SOLICITORS.... 581 shall be one of the trustees of sinking (See Solictors, City.) fund for purchase of E. B. ferry ASSISTANT SUPERINTENDENT scrip.............. 204 OF STREETS.......... 622 scrip purchased for City hospital to be ATL ANTIC AVENUE. deposited with........ 362 authority to lay out.......... 618 shall sign water scrip......... 720 docks to be filled with earth from Fort shall be one of the trustees of water fund 720 Hill............... 619 shall examine bills of expenditures by extension of sewers below....... 571 water board......... 731 AUCTIONEERS. AWNINGS. shall be licensed............ 38 permission to be obtained for affixing to shall give bonds........... 38 buildings.......... 629 B. BACK BAY. BALCONIES. conditions of filling.........129-130 projection into streets......... 612 streets on........... 617-618 BALL PLAYING. lands sold by State exempt from taxa- on public garden prohibited, unless, etc. 132 tion for three years....... 655 in streets prohibited......... 627 BADGES. BALLAST. shall be worn by drivers of hackney car- weighers of vessels employed in transriages........... 102 porting shall be appointed.... 45-46 firemen shall wear.......... 253 ballast brought by water shall be inrules and regulations respecting.... 253 spected............. 50 B ALANCES. mode of inspection......... 51 provisions relating to the sealing.. 746-754 penalty for delivering without inspection 51 (See Weights and Measures.) fees for inspecting........ 52 INDEX. 785 BALLAST - continued. BETTERMENTS - continued. accounts of weighers and inspectors assessments to be made within two years 607 what to specify........ 53 interest may be charged........ 607 office hours of inspectors....... 53 records of assessments to be kept by city certificates to be shown by masters of surveyor........... 648 lighters, etc., when requested.. s4 (See Streets.) BALLOTS. BIBLE. (See " Voters" and "Elections.") to be read in schools........ 549 BAKERIES. BILLIARD TABLES. water rates for.......... 742 aldermen may grant licenses to keep for BANKS. hire.............. 41 authorized to contract with city for pay- penalty for keeping without license..41 ment of interest........ 212 penalty for admitting minors to.... 41 tax on shares in....... 669-670 —671 officers may enter rooms -here such BARK. tables are kept......... 41 penalty for selling bark not measured. 757 penalty for using tables for the purpose appointment of measurers..... 760-761 of gaming........... 42 fees of measurers......... 757-762 city clerk to issue licenses for keeping, carters to have tickets......... 758 under certain conditions..... 43 cities may regulate the inspection and no intoxicating liquors to be sold in sale of............ 758 saloon.............. 43 BARLEY. BILLS. how sold............... 442 not to be posted without permission.. 466 fees of measurers.......... 443 BIRDS. BAROUCHE.............. 97 penalty for exhibition of fighting... 35 (See Carriages.) persons present at exhibition may be BARRELS.. arrested............ 35 not to be placed in streets....... 613 birds or animals to be forfeited and sold 36 BASTARDS. penalty-for training.......... 36 support of........... 496-497 undomesticated birds not to be killed at settlement of............. 505 certain times........ 184 BATHING. BIRTHS. in certain places forbidden...... 627 registry and returns of..533-534, 535, 536 BATHING TUBS. city registrar to have charge of.... 537 water rates.......... 738-739-741 penalty for publishing fraudulent notices BEACHES. of.. 536 penalty for removing stones, gravel, etc. BLASTING. from.............. 294 persons not to blast rocks, etc., near BEAMS. highways without license.... 40 used in buying and selling shallbe sealed 746 BOARDING HOUSES. (See Weights and Measeures.) water rates for............ 739 BELLS. BOARD OF HEALTH...... 315 usual ringing of may be suspended by (See Health.) mayor............. 338 BOARD OF ACCOUNTS. not to be tolled at funerals without spe- aldermen shall be in Suffolk County.. 144 cial permit......... 338 BOARDS. to be used with sleighs, etc...... 96-112 accountability of........... 23 regulations respecting ringing in streets 631 BOATS AND LIGHTERS. BEQUESTS. weighers of to be appointed.... 45-46 to city hospital, how invested..... 362 vessels, how marked........ 45-48 to Mount Hope Cemetery, how made. 459 marks to be examined annually.. 46-50 BERKELEY STREET. fees of weighers..........46-52 State to convey.......... 618 penalty for neglecting to have lighters BETTERMENTS. weighed........... 46-53 assessments for laying out, etc., streets 605 penalty for placing false marks on.. 46-53 assessments to constitute a lien.... 606 masters of to report arrival...... 54 estates liable to assessment may be sur- owners or agents of shall not be weighers 54 rendered......... 606 BOILERS. any estates specially benefited may be may be examined by aldermen, and reassessed........... 607 moved............. 591 66* 786 INDEX. BOILERS - contined. BOYLSTON FUND, safety plugs to be used....... 592 incorporation of trustees (of.. 476-477 not to be located under sidewalks... 644 BRAWLERS. weighers of shall be appointed.... 51 commitment of.,...... 380-381 BONDS. BREAD. may be required by city council, of per- penalty for adulterating...... 330 sons having charge of public mon- weight and price of.......... 443 eys............... 17 BRICK-KIILNS. certain city officers to give....... 55 penalty for erecting or firing without form and conditions of........ 56 license........... 255 annual examination of......... 57 BRIDGES. city clerk to provide blanks...... 57 to be repaired at expense of city... 602-603 auditors of accounts to have custody damages for defects in....... 603-604 of................. 57 land adjoining may be taken to protect 610 constables' bonds........... 134 rafts, etc., not to be moored to..... 295 BONFIRES.... incorporation of Dover street bridge. 64-76 penalty for making in streets, etc.... 255 proprietors authorized to transfer franB OOTHS. chise, etc., to city....... 64 for gaming near public gatherings may transfer to Boston........... 65 be abated............ 36 incorporation of Federal street bridge 65-75 BOSTON. obligations of corporation...... 65 incorporation of city......... 2 purchase by city........ 66 (See "City Council," "alayoor" and Aldermen.") city authorized to maintain wharves on BOSTON GAS LIGHT COMPANY. 615 sides.* 66-67 BOSTON HARBOR......... 268 city authorized to widen bridge.... 67 (See Harbor.) incorporation of JIount Washington avBOTANY. enue bridge.. * * *.67-76 to be taught in high schools. 546 city authorized to take and hold rights 68 BOUNDARIES. city authorized to build a bridge over city lines to be perambulated once in Fort Point channel, in extension of five years............ 58 Broad y........... 68 notice of perambulation to adjoining cit- incorporation of Chelsea point bridge. 69 ies and towns.......... 58 city authorized to purchase...... 69 monuments to be erected on...... 58 aldermen authorized to lay out highpenalty on aldermen who neglect.. 59 way over............ 69 linebetween Boston and Chelsea.. 59 incorporation of Chelsea street bridge 69-76 line between Boston and Brookline. 59 aldermen authorized to lay out highline between Roxbury and Brookline. 60 way over.......... 70 line between Roxbury and West Rox- incorporation of leridian street bridge 70-76 bury............. 61 city authorized to purchase..... 71 line between Dorchester and West Rox- incorporation of Charles river bridge. 71 bury............ 61 incorporation of WTarren bridge.... 71 line between Dorchester and Hyde Park 62 comissiouers appointed by Sup. Jud. BOWLINGO ALLEYS. Court on Charles River and Aldermen may grantlicenses to keep for Warren bridges.......... 72 hire............... 41 commissioners to widen draws.. 72 penalty for keeping without license.. 41 commissioners to apportion expense of officers may enter.............. 41 maintaining bridges on Boston penalty for using for purposes of gam- and Charlestown....... 72 ing............... 42 upon acceptance of award, bridges to becity clerk to issue licenses for keeping come highways.... 73 under certain conditions.... 43 Boston to keep in repair that part of no intoxicating liquors to be sold in.. 43 Warren bridge connected with BOW WINDOWS. water works.......... 73 projection into streets......... 613 Middlesex Railroad not released from regulations respecting......... 631 liabilities............73 BOXES. incorporation of West Boston bridge. 73 not to be placed in streets....... 613 incorporation of Craigie's bridge... 73 B OYLSTON ASYLUM. West Boston bridge and Craigie's bridges house of reformation united with. o 411 surrendered to city of Cambridge 74 INDEX. 787 BRIDGES - contined. BUILDINGS - continued. Western avenue (millidam) built.. 74 committee on public buildings to assign city authorized to lay out and accept the offices in city hall, etc....... 468 milldam as a.highway..... 7 4 to lease buildings belonging to the city, city authorized to build Eastern avenue 75 subject, etc........... 85 city authorized to build pile bridge shall prepare plans and specifications of across outh Bay....... 75-620 the buildings to be erected... 85 names of bridges established... 75-76:shall publish notice of time and place of superintendents of, how chosen,,,. 6 exhibition of the same...... 86 duties of superintendents...... 76 proposals for work to be sealed.... 86 assistant superintendents..... 77 contracts exceeding fifteen hundred dolpenalties for injuring bridges... 78 lars to be in writing, etc.... 86 city authorized to construct a bridge city council may authorize contracts for over Roxbury creek.,,..., 616 repairs or alterations without adBROADWAY BRIDGE. vertising, etc........... 87 city authorized to build...,,., 68'expenditures not to exceed appropila(See Bridges.) tions.............. 87 BROAD STREET. purchases of land for erecting buildings authority to lay out street in continua- to be made under direction of tion of........... 615 committee.......... 87 BROOKLINE. superintendent of public buildings to line between Boston and..... 59'be elected............. ~8 BUCKWHEAT. to give bond...........55-88 how sold.......... 442 to have care and custody of school-houses fees of measurers........... 443 and other buildings....... 8 BUILDINGS, (public.) to have care of City Hall........ 89 city council to have care and custody of to have charge of fuel contracted for by public buildings....... 18-79 city................ 257 public buildings in Suffolk to be provided to keep records............ 89 by Boston............ 79 no building, or land appurtenant, to be aldermen to provide court houses, jails, sold, without an order from the etc.............. 80 city council.......... 90 proceedings when county buildings are superintendent to make and deliver all erected............. 80 bills for materials sold and work penalty for injuring school-houses, done to the city treasurer for colchurches, etc.......... 81 lection............. 90 livery stables not to be erected near Buildings in general. churches........... 81 notice shall be given of intentions to penalty for unauthorized erection, etc., build, etc............. 91 of stables......... 81-82 numbers of buildings; penalty for nupwooden buildings more than sixteen feet bering contrary to directions.. 91-92 high forbidden......... 82 cellar doors and platforms to be kept in fire engineers to bring suits against per- good repair.......... 92 sons who erect wooden buildings cellar doors to be lighted when open at contrary to statute......... 83 night.......... 93 wooden buildings may be abated as a defacing buildings, etc......... 93 nuisance............ 83 wooden buildings permitted in -outh city council may authorize wooden build. and East Boston, under certain ings in South and East Boston and limitations........... 93 Highlands............ 83 removal of in widening streets.. 66-608 snow and ice on roofs of buildings... 84 permission for occupation of streets burnt or dangerous buildings adjudged during erection, to be obnuisances............ 84 tained.............. 625 owner aggrieved may apply for a safe passage around portions of streets jury........... 84 occupied, to be provided.... 635 committee on public buildings to be BUOYS. appointed............ 85 vessels, etc., shall not moor to... 295 t have care and custody of school- BURGLARS. houses, and other city buildings, arrest and sentence of persons known to except, etc........... 85 be.............. 381 788 INDEX. BURIALS. BURYING GROUNDS. time of............. 338 (See Cemeteries.) fees of undertakers.......... 339 BUTTER. statute provisions respecting.... 328-328 to be sold by weight.......... 189 (See Cemeteries.) BY-LAWS. BURNING FLUIDS. (See Ordinances.) cities may regulate storage and sale of. 514 regulations of city council...... 518 C. CABS................. 97 CARRIAGES - continzued. (See Carriages.) person named in license to be considered CALVES. as owner............ 99 penalty for killing or selling when less penalty for neglecting to take out license 99 than four weeks old....... 330 carriages to be marked and numbered. 100 search warrant may be issued for such penalty for neglecting to number.... 100 meat............ 330 penalty for using wrong numbers... 101 calves shall not be kept in tenement carriage and horses shall not be left unhouses............ 697 less in care of suitable person. 96-101 CAMPHENE. hackney carriages shall stand only where cities may regulate storage and sale assigned........... 101 of..............228-514 shall not stop so as to obstruct travel. 101 regulations of city council....... 518 drivers shall wear badges....... 102 CANOPIES. aldermen may give directions respecting projection into streets.......612-629 the standing of hackney carriages 102 CAPTAINS OF POLICE....... 526 rates of fare in city proper, East Boston, (See Police.) South Boston and Highlands..103 CARPETS. fare of children under four years of age 103 not to be shaken on common, etc... 132 penalty for demanding more than estabCARRIAGES. lished rate of fare...... 104-105 meeting on roads or bridges to turn to rates to be posted in vehicles....104-106 right.............. 96 penalty for refusing to carry passengers 104 moving in same direction to pass on left 96 rates of fare between city proper and bells to be used with sleighs...... 96-112 Highlands.......... 104-105 provisions not to apply to horse rail- rates of fare between city proper and roads............. 96 East or South Boston...... 106 drivers of vehicles for conveyance of superintendent of wagons, trucks, etc., passengers shall not leave horses how appointed........ 108 without charge........96-101 aldermen to grant licenses for trucks, board of aldermen may regulate, etc. 96 wagons, etc........... 108 fee for license.......... 96-99 fee for license........... 109 cities may regulate rate of speed. 97-535-536 wagons, trucks, etc., to be licensed..108 persons violating regulations may be ar- person named in license to be considered rested without warrant..... 97 owner.............. 109 aldermen may make rules, etc., relative penalty for neglecting to take out license 109 to passage of vehicles through minors not to drive wagons unless, etc. 110 streets............ 97-116 number of horses to one truck.... 110 rules and orders in relation to carriages, manner of driving, etc......... 111 etc............... 97 tiucks shall not exceed a certain length 111 hackney carriage defined....... 97 weight of load shall not exceed three tons 111 superintendent ofhacks-how appointed 97 carriages shall not stop in street unless, hackney carriages to be licensed.... 98 etc............... 112 aldermen will grant licenses, and may bells to be attached when streets covered revoke same........... 98 with snow......... 96-112 fee for license............. 99 vehicles shall not be stopped on crosslicense not to be transferred..... 96-99 ings, etc............ 113 INDEX. 789 CARRI A GES - continued. CEMETERIES - continued. drivers shall remain near their teams. 113 appeals from Order of board...... 329 shall not flourish or snap whips.... 113 penalty for injuring tombs..... 329 carriages shall not be placed so as to ob- roads not to be laid out through without struct streets.......... 114 special authority........ 329 shall stand near sidewalk and in line 115-638 city registrar to have charge of.... 336 shall be removed during the night and not to be taxed, except, etc....... 654 on Sundays........... 115 city authorized to purchase land for a shall not be driven within ten feet of public cemetery........ 455 each other........... 116 (See Afount Hope Cemetery.) shall stop when requested by police. 97-116 CESSPOOLS. shall not be driven against persons in owners of buildings, etc., to provide.. 579 streets............. 116 not to be emptied without permit from shall be driven round corners with horses superintendent of health..... 348 at a walk............ 117 not to be located under sidewalks.. 644 licenses granted only to owner or lessee CHARCOAL. of a carriage......... 117 form and dimensions of measures.. 759 penalty of riding on steps of without dimensions of boxes, etc........ 759 permission........ 117 penalty for having illegal measures.. 759 stands within limits of Faneuil Hall persons may be appointed to seize illegal market............ 187 measures............ 760 may be removed by superintendent of CHARLES RIVER. market............. 187 erection of sea-walls in........ 299 horses to be removed from....... 188 CHARLES RIVER BRIDGE. not permitted to stand within market chartered, etc.............71-72 limits on Lord's day....... 194 (See Bridges.) forbidden to go on sidewalks.... 638 CEARLES STREET. CARTERS. authority to continue......... 616 of firewood or bark to have certificates CHARLESTOWN. of load............ 758 expense of maintaining Charles River CARTS................ 96 and Warren bridges to be appor(See Carriages.) tioned between Boston, and... 72 CATCH BASINS. CHARIOTS.............. 97 owners of buildings, etc., to provide.. 579 (See Carriages.) CATTLE. CHARITY BUREAU. impounding of........... 209 overseers of poor to have charge of..484 CATTLE SHOWS. CHARTER............... 2 penalty for gaming at......... 42 (See City Charter.) CELEB RATIONS. CHELSEA. authority to appropriate money for.. 674 line between Boston and...... 59 CELLARS. conditions of connection between Boston construction of when occupied as a and.............. 118 dwelling.......... 695-696 county property to remain vested in not to be occupied as dwelling without Boston............ 119 license............. 696 acceptance of act by Chelsea...... 119 board of health may notify occupants of incorporation of the town of Chelsea.. 119 to quit............ 317 act to unite to Boston........ 119 steps descending from streets into, to be not to be assessed for county purposes. 2 lighted, etc............ 633 in election of county commissioners to definition of............ 700 vote with Middlesex County... 120 C LLAR DOORS. county commissioners of Middlesex to to be kept in good repair by owner,. 92 have jurisdiction in....... 141 shall be lighted at night...... 93-633 part of thirteenth representative district. 172 projection into streets......... 612 CHELSEA POINT BRIDGE. regulations respecting......... 632 incorporation of, etc......... 69 CEM TERI ES. (See Bridges.) cities shall provide one or more.... 328 CHELSEA STREET BRIDGE. private land not to be used for except, etc. 328 incorporated, etc...........69-7 boards of health to make regulations for 328 name established........... 76 notice to be given of closing...... 328 (See Bridges.) 790 INDEX. CHEMISTRY. CITY CLERK - continued. to be taught in high schools...... 546 vacancy in office of, how filled....14- 24 CHIEF ENGINEER FIRE DEPART- absence of..............15-124 ME NT. to have care and custody of city records, election of, and duties... 231-234-235-228- etc............... 125 515-517 office hours of.......... 469 (See Engineers Fire Department.) shall give bond............ 55 CHIEF OF POLICE. office of assistant established....124-125 powers and duties of........ 523-527 authority of assistant to attest docushall give bond.......... 55-528 ments, etc......... 124-125 and keep records........... 528 city clerk shall act as clerk at general office of to be kept open........ 529 meetings of citizens...... 29 shall pay over money received by him shall issue licenses for keeping billiard to treasurer........... 219 tables and bowling alleys.... 43 shall make statement of money received 219 shall provide blanks for bonds of city shall prosecute persons for disturbing officers............. 5T sidewalks without permission.. 645 shall issue licenses for dogs..... 151 may grant permits to occupy streets for shall procure envelopes for voters... 165 building purposes......625-635 shall examine returns of voters.... 165 (See Police.) shall transmit copies of votes for naCHILDREN. tional, State and county officers to attendance of in the schools.... 554-556 the secretary of the Commonunder ten not to be employed in facto- wealth............. 166 ries, etc......... 556 shall furnish seals to ward officers and under fifteen not to be employed unless retain ballots transmitted to him. 168 they attend school....... 556 penalty for neglect.......... 169 cities, etc., to provide for care and edu- shall pay over money received by him to cation of neglected....... 558 treasurer............ 219 CHIMNEYS. shall make statement of money received 219 aldermen to have defective chimneys shall make and keep descriptive lists of and fire-places examined.... 120 soldiers and sailors....... 357 may be abated as a nuisance..... 121 shall attend when jurors are drawn.. 418 sweepers of to be licensed....... 121 shall record ordinances........ 473 foul chimneys, how examined..... 122 shall send certain annual reports to fires not to be kept in them...... 123 State Library.......... 538 burning out, etc.............. 123 shall keep a record of names of streets construction of in tenement houses, etc. 699 and sidewalks accepted..... 637 CHURCHES. (See City Registrar.) wilful injury to, how punished.... 81 CITY COUNCIL. livery stables not to be erected near.. 81 composed of board of aldermen and not to be taxed, except, etc...... 654 common council......... 3 CHURCH STREET DISTRICT. how organized in absence of mayor..13 Note................. 325 powers of................ 16 CITIZENS. may provide for the appointment of city to vote on acceptance of city charter. 30 officers............. 17 general meetings of.......... 29 authorized to make appropriations and form of warrant for calling general meet- elect assessors..... 17-674 ings.............. 175 authorized to lay and assess taxes 17-673-674 CITIZENS' FERRY CO. may require bonds of persons having Note concerning....... ~... 205 charge of public moneys..... 17 CITY CHARTE i. authority relative to public health vested text of................2-31 in................ 18 power of legislature to alter...... 29 may appoint a commmittee, or constitute repeal of first charter......... 29 either branch, a board of health 18-315 repeal not to revive other acts..... 30 authority to make by-laws, etc..... 471 to be submitted to citizens....... 30 shall have care and custody of city propwhen to take effect......... 31 erty.............. 18 acceptance of, note.......... 30 shall have power to purchase real or CITY CLERK. personal property....... 18 how chosen............ 14-124 shall elect city treasurer........ 19 INDEX. 791 CITY COUNCIL — continued. CITY HOSPITAL........ 358-336 shall publish and distribute financial (See Hospital, City.) statements annually....... 23 CITY MARSHAL. election of weighers and inspectors of (See Chief of Police.) lighters, etc........... 46 CITY MESSENGER........ 444 election of superintendents of bridges. 76 (See Mfessenger to City Council.) election of superintendents of public CITY OF BOSTON. buildings............ 88 incorporation of............ 2 election of clerk of committees.... 127 (See "'iayor," "Aldermen" and City election of city engineer........ 176 Council.") may issue "Boston ferry scrip... 203 CITY OFFICERS. may appoint agents and officers to oper- election of............ 4 ate ferry............ 204 time of entering upon office... 4 election of auditor of accounts.... 213 change of residence.......... 12 may establish a fire department.... 224 city council may provide for appointmay appropriate money for injured fire- ment of city officers....... 18 men............... 225 accountability of.......... 23 election of fire engineers....... 231 certain officers to give bonds..... 55 election of superintendent of firm alarms 252 form and conditions of bonds..... 56 election of harbor master....... 292 annual examination of bonds to be made 57 may authorize aldermen to restrain sales city clerk to provide blanks for bonds. 57 by minors.......... 302 not to purchase stones, sand, gravel, election of superintendent of health.. 333 etc., which have not been inelection of city physician....... 340 spected........... 54 election of consulting physicians... 341 not to receive commissions on contracts 136 election of port physician...... 344 not to be interested in contracts.... 137 election of trustees of city hospital.. 359 onsalary, not to receive fees.... 137 election of directors for public institu- time of election of certain city officers. 467 tions............ 398-400 tenure of office............ 467 election of superintendent of public mayor to nominate......... 467 lands............. 424 certain provisions directory merely.. 468 election of trustees of public library.. 431 vacancies, how filled......... 468 election of city messenger....... 444 office hours of certain.......468-469 election of trustees of Mount Hope ceme- CITY PHYSICIAN......... 340 tery............... 455 (See Physician, City.) time of electing certain city officers. 467 CITY REGISTRAR......... 536 may make ordinances, etc., in relation (See Registrar, City.) to manufacture, etc., of petroleum, CITY SEAL. etc............... 514 ordinance to establish......... 32 may appropriate money for detection of CITY SOLICITOR......... 580 criminals............ 539 (See Solicitor.) election of superintendent of sewers 571-572 CITY STABLES. election of superintendent of streets.. 621 superintendent of health to have charge purposes for which money may be ap- of.............. 335 propriated........... 674 CITY URVEYOR......... 646 two-thirds vote required for certain ap- (See Surveyor.) propriations.......... 674 CLAIMS. election of assessors of taxes....688-689 appointment of joint standing committee election of water board........ 728 on.............. 126 election of water registrar....... 731 powers and duties of committee.... 126 may pay sealers of weights and meas- damages done by dogs....... 152-154 ures by salary.......... 751 CLERK. may summon witnesses......... 756 (See City Clerk and VWard Clerk.) CITY DEBT. CLERK OF COMMON COUNCIL. (See Debt.) duties, etc.............. 16 CITY ENGINEER........176-731 CLERK OF COMMITTEES. (See "Engineer" and " Water.") election of and duties........ 127 CITY HALL. appointment of assistant....... 128 superintendent of public buildings to CLERKS OF COURTS. have care of........... 89 election and appointment of...... 142 792 INDEX. CLERK TO SOLICITOR...... 584 COMMISSIONERS TO INTRO(See Solicitor.) DUCE WATER.o..... 716 CLINTON STREET. (See VWater.) authority to extend.......... 616 COMMITTEES. CLUBS. may summon witnesses....... 756 fire clubs not to be established, unless, election of clerk of standing and special 127 etc.............. 229-249 duties of clerk of.......... 127 CO ACHEE............... 97 election of assistant clerk of...... 128 (See Carriages.) COMMON. COAL. city council not authorized to lease or to be sold by weight, except, etc.... 758 sell............... 18 weighers to be appointed....... 759 aldermen to have care and custody of. 130 coal to be weighed before delivery... 759 police may remove persons violating law upon request of buyer, coal shall be on............... 130 weighed by sworn weigher... 759 horses shall not be permitted upon, exweighing may be waived....... 759 cept, etc............ 130-132 penalty for fraud............ 759 sward, gravel, etc., not to be removed not to remain in streets.... e:. 626from. fro m...... 131 COAL HOLES. trees not to be climbed........ 131 regulations in relation to coverings for 634 filth not to be deposited on...... 131 aldermen may authorize construction carpets not to be shaken on...... 132 of................ 634 wheelbarrows not to be allowed on.. 132 regulations of the aldermen in relation preaching on prohibited, without perto............ 642-643-644 mission............. 132 COAL TAR. stones, etc., not to be thrown in pond. 133 penalty for throwing into or against any penalties for violation of ordinance.. 133 building............ 81 aldermen may make rules, etc., not inCOA`STING. consistent............ 133 forbidden in streets.......... 627 COMMON COUNCIL. COCHIR-'UA'rE WATER BOARD. to consist of sixty-four persons (sec. 2 authority to appoint......... 717 and note)............ 3 election of, and duties... 728, 729, 730, 734 election of.............. 9 (See Water.) proceedings in case there is no choice COCOA. in any ward........... 10 not to be roasted except in licensed shall judge of election of its own membuildings............ 2 6 bers.............. 11 COLLATliEAL LOAN CO. vacancies in, how filled........ 12 organization of........... 509 members shall be sworn........ 13 not to be taxed until 1875....... 655 shall act as a separate body...... 15 COLLECTION OF TAXES. shall choose a presiding officer and a statute provisions concerning.... 675-687 clerk.............. 15-16 (See Taxes.) members shall not hold office of emoluCOLLECTOR OF TAXES. ment under city government... 19 (See Taxes ancd Treasurer.) shall elect five members on committee on COLOR. accounts............ 213 persons not to be excluded from the pub- shall choose seven members on commitlic schools on account of..... 556 tee on finance.......... 216 (See Amusements.) president of to be member of committee COMBUS I IBLE MATERIALS. on reduction of city debt..... 217 removal of by fire engineers...... 237 may summon witnesses........ 756 not to be stored in tenement houses, etc. 697 COMMON SEWERS......... 568 COMMERCIAL STREET. (See Sezers and Drains.) authority to lay out a street in continua- COMMON VICTUALLERS. tion of............. 615 (See Victuallers.) COMMISSIONERS. CON CERTS. (See County Commissioners.) penalty for selling intoxicating liquors COMMISSIONERS OF HARBORS. 296 at.... 35 (See Harbors.) CONGRESS. COMMISSIONERS ON INSOL- choice of representatives to...... 26 VENCY.......... 143 representative districts....... 173 INDEX. 793 CONSTABLES. COUNTY COMMISSIONERS. mayor and aldermen to appoint.... 134 authorized to lay out, widen and disconto give bond............. 134 tinue streets.......... 599 special authority of in Boston..... 135 aldermen of Boston to have similar powhow removable......,.... 135 ers.............. 15,599 vacancies, how filled......... 135 of Middlesex to have jurisdiction in Chelto serve warrants for calling meetings of sea, North Chelsea andWinthrop, citizens............. 175 il relation to highways..... 600 CONSTABLE OF THE COMMON- COUNTY OF SUFFOLK. WgIALTHI... o.... 525 duties and privileges of counties... ]39 (See State Police.) property of............. 139 CONSULTIING PI{HYSIIANS. real and personal property belongs to election of........... 341 Boston............ 140 COh TAGION. sale and conveyance of county lands.. 140 persons sick with contagious disease buildings to be provided by Boston. 79-140 may be removed........ 318 county maps............. 140 (See 2nfection.) concurrent jurisdiction with MBiddlesex CONTRACTS. on Charles River...... 140 public officers not to receive commis- jurisdiction over islands in Boston harsions on............. 136 bor...............141 members of city council and city officers actions brought by city in Suffolk may be not to be interested in...... 137 removed on motion of defendant. 33 not to be entered into unless appropria- county officers......... 141-144 tions have been made...... 138 county receipts and expenditures... 144 received by committee on public build- returns of votes for register of deeds. 166 ings............... 86 representative districts........ 170 exceeding $1,500 for work on public senatorial districts......... 173 buildings, to be in writing, etc.. 86 council districts............ 174 city council may authorize repairs with- COU RTS. out written contract..... 87 superior court...... 146 CORN. municipal court............ 147 how sold............... 442 clerks of.............. 142 fees of measurers........... 443 COURT HOUSE. CORONERlS. aldermen may take land for...... 80 appointment of............ 144 (See Buildings.) city auditor to audit accounts. 144 CRACKERS. CORPouRA'IONS. fireworks not to be sold without a license 228 tax on capital stock of..... 671, 672, 673 CRAIGIE'S BRIDGE. CORROSIVE SUBLIMIATE. incorporated, etc...........73-74 penalty for selling without written pre- CRIERS. scription.....3...,....331. to be licensed............. 148 COUNCILLORS. to keep list of matters cried..... 149 election districts........... 174 penalty for violating ordinance.... 149 COUNTY BUILDINGS.... 79 CULLERS. (See Builcladgs) of hoops and staves to be chosen... 588 I). DAMS. DANGEROUS DISEASES. authority to build and maintain in con- city may establish hospitals for.... 322 nection with water works..716-724 board of health to have charge of... 322 DANCE-HALLS. householders to give notice of..... 323 penalty for selling intoxicating liquors penalty on physicians for not giving at exhibitions in......... 35 notice of. o....... 323 DANGEROUS BUILDINGS. DEAD BODIES. how disposed of........... 84 interment of dead,....... 336 67 794 INDEX. DEAD BODIES - continued. DIRECTORS FOR PUBLIC IN. bodies of paupers may be given to sur- STITUTIONS -continued. geons or physicians....... 327 shall appoint master of house of correcwhen not to be given......... 327 tion............. 383 penalty for violation of sepulture... 327 shall have charge of house of industry. 407 penalty for buying or selling..... 328 may discharge inmates of house of refnot to be buried without license.... 337 ormation............ 411 not to be removed from city without may make repairs on buildings.... 403 license............. 339 manner of procuring supplies..... 403 DEATHS. shall make quarterly and annual reports 404 registry and returns of. 533, 534, 535, 536 (See House of Correction, House of Incity registrar to make records of... 537 dustry, Lunatic Hospital, and penalty for publishing fiaudulent notices House of Reformation.) of............ 536 DISCONTINUANCE OF DEBT. STREETS.............597 committee on reduction of....... 217 (See Streets.) committee authorized to lend on interest DISEASES. to treasurer........... 218 (See " Infectious Diseases.'") what money shall be applied to reduc- DISSOLUTE PERSONS. tion of............. 217 commitment of........... 380-381 certificates of debt to be signed by may- DISTRICT ATTORNEY..... 141 or, treasurer and auditor.... 220 election of.............. 141 debts due the city to be put in hands of appointment of assistant....... 142 city solicitor for suit....... 218 DIVISION OF WARDS...... 702 DEEDS. (See W7arcs.) mayor authorized to execute..... 149 DOCKS. mayor authorized to discharge and dead animals, offensive matter, etc., not assign mortgages........ 150 to be thrown into....... 352 election of register of......... 143 inclosed by building Atlantic avenue, DEER. how filled............ 619 not to be killed until December, 1872. 184 DOGS. DE.IER ISLAND.......... 269 to be licensed in April, and wear collars 151 (See Note.) may be registered at other times.... 151 city authorized to convey water to... 727 city clerk to issue licenses....... 151 DEFACING BUILDINGS, ETC. penalty for keeping unlicensed.... 151 penalty for............ 93 assessors to report.......... 151 DEFECTS IN STREETS. orders to kill unlicensed dogs..... 152 damages for.......... 602, 603, 604 officers to return warrant....... 152 caused by water pipes, city liable for 725- mayor to make sworn statement.... 152 726 persons suffering loss by dogs to be inDEPUTY CHIEF OF POLICE. 526-625 demnified......... 152-153 (See Police.) penalty on city officers for neglect... 153 DEPUTY SUPERINTENDENTS city treasurer to bring action against OF FANEUIL HALL MAR- owners............. 154 _KET.............. 185 license fees to be paid to treasurer... 154 (See Faneuil Hall lMarket.) mischievous dogs not to go at large.. 154 DETECTIVE POLICE....... 526 form of warrant to kill dogs...... 155 (See Police.) penalty for removing collar, etc., and for DIRECTORS FOR PUBLIC IN- exposing poisons........ 155 STITUTIONS. persons injured to recover double cost. 155 city council to elect......... 398-400 when any person may kill, etc..... 155 their powers and duties......398-404 dangerous dogs to be confined by owner, quorum............. 399-401 or killed.......... 155 city council may pass ordinances in re- after notice, any person may kill such dog 156 lation to............ 399 liability of owner in case of, etc.... 156 directors may remove persons from one cities may make by-laws, etc..... 156 institution to another.... 399-400 fines, etc., how recovered....... 156 organization of board......... 401 proceedings in case any dog shall disturb shall elect superintendent of lunatic the quiet of any person, by barkhospital.............. 402 ing, etc............. 156 INDEX. 795 DONATIONS. DRAINS. to public library, how acknowledged. 434 owners, etc., of dwelling-houses shall DOORS. fuain sh............. 345 regulations respecting the projection of shall be consiructed for waste water. 349 into streets, etc....... 613,631 cosrue; ion of ill tenement houses.. 694 DORCHESTER. (See Sewers and Drains.)...... 568 annexation of to Boston, (see note).. 157 DRAWING. transfer of property, etc........ 158 to ba taught in public schools.... 546 to constitute ward 16. 58 R Y......... 158 DR S... 107 annexation of portion now known as (See Carriages.) South Boston.....o...... 586 DREDGING MACHINE. annexation of portion now known as xashinon ton Villageo.5 knw as committee on harbor to have care of. 301 Washington Village....... 587 lines between West Roxbury and...61 DRIVERS. lines between Hyde Park and..... 62 of carriages............. 96-118 to constitute fifth representative district (See Carriages.) of Norfolk......... 172 DRIVING. part of second Norfolk senatorial district 163 fast driving forbidden in streets, etc. 97-635 part of second congressional district.. 174 DR part of second council district...... 174 penalty for adulterating........ 331 DOVER STREET BRIDGE. incorporation of, etc......... 64 DRUNKARDS. name established........... 76 commitment of....380-381 (See Bridges.) shall be sent to house of industry.. 406 DRAFTING FOR MILITARY SER- DWELLING HOUSES. VICE. to be furnished with drains and privies 345 how carried out.......... 446-450 water rates for........... 738 E. EAST BOSTON. ELECTIONS - continued. incorporation of East Boston company 159 aldermen to make lists of voters.... 25 corporation to set apart land for public national aod state officers, how elected. 26 purposes......... 159 of representatives, senators, councilwooden buildings may be erected under lors, etc., in Dorchester..... 157 certain conditions..... 83-93 no person to vote for representative to rates of fare in hackney carriages be- Congress unless he has resided in tween city proper, etc.... 103, 106 the district six months..... 162 city authorized to convey water to... 723 collectors of taxes to keep a list of perEAST BOSTON FERRIES...... 202 sons who have paid their taxes, (See Ferries.) and upon request to give receipts 162 HARRISON AVENUE. persons omitted from May assessment city authorized to build.......75-619 can be assessed and vote.... 162 EASTERN RAILROAD COMPANY. soldiers and sailors may be assessed and city authorized to lay water pipes under vote on payment of tax..... 162 the bridges of......... 723 aldermen to make and post up lists of EATING HOUSES. voters..............163 water rates for............ 741 aldermen to be in session'for receiving EDUCATION1............. 546 evidence of qualifications, and to (See Schools.) give notice thereof...... 163 ELECTIONS. sessions of aldermen in places where of municipal officers on second Monday voters exceed one thousand... 163 in December.......... 4 provisions as to correcting lists of votcertificates of to be signed by ward offi- ers............. 163 cers.............. 4 naturalization papers to be produced for qualifications of voters.... 25, 161,162 inspection........... 163 796 INDEX. ELECTIONS - continued. ELECTIONS - continued. names not to be placed on lists after to be retained by him for twenty polls are opened........ 163 days............. 170 penalty for giving false answers.... 164 provisions of the constitution relating to aldermen when not answerable for omis- apportionment of representatives sins.............. 164 to the general court....... 170 penalty for wilful neglect by city officers 164 representatives to the general court from elections not to be held on cays fixed by Suffolk county........ 171 law for military duty...... 164 representative Districts in Dorchester meetings, when to be opened..... 164 and Roxbury.......... 172 aldermen to decide whether officers citizens of Hyde Park how to vote. 172 shall be voted for on one, or on senatorial districts.......... 173 separate ballots......... 164 congressional districts......... 173 meetings, how called, time to be kept council districts....... 174 open........... 164-176 form of warrants for ward meetings..174 secretary of commonwealth to provide to be served by constables, and returned 175 envelopes............164 form of warrants for general meetings. 175 city and town clerks to procure envel-to be served by constables and returned 175 opes from secretary...... 164 time of opening and closing the polls. 176 ward officers to provide envelopes at ELECTORS. polls on the day of election... 165 Votes persons fraudulently obtaining envel- E ECTRIC TELEGRAPH. opes liable to a fine.. 165 opes liable to a fine....... 165 cities, etc., may construct lines of... 693 manner of depositing votes, etc..... 165 (See Telegraph Lines. votes when to be rejected, etc...... 165 EMPLOYMENT OFFICES.. 413 results of elections, how determined.. 165ntelligence ces. (See Izntelliyenzce O tces.) ward officers to count votes..... 165S ENGINES........... 589 aldermen and clerk to examine returns, (See Steam Engines.) and, if faulty, require new returns 165,ENG$INE COMPANIES. city clerk to make returns of votes tosist o e shall consist of engineman, fireman and secretary............ 166 secretary............ 166,driver, etc............ 242 returning officers shall transmit a sealed ve re ce..... 243 shall have foreman and clerk..... 243 copy............. 166 *copy.'..............166 * duties of members........... 244 secretary to furnish blanks...... 167 penalty for voting if not qualified.... e 167e Fire Deprtent.) penalty for giving more than one ballot 167, penalty for giving false answers.... 167election of 176 duties, and assistants........ 177 penalty for attempting to influence vot- duties and asstant177 ers~.16.............167 shall examine bridges......... 178 shall report annuall y........ 178 penalty for aiding unqualified persons to shal report vote.167 shall have care of Cochituate Lake and penalty for disorderly conduct at elec- eservoir.....178, 731 tions.............. committee on engineer's department.. 176 penalty on city officers for neglect of duty 167G EERS OF E EPA Tpenalty on clerks neglecting to return MENT. votes.......... 167 shall have power, etc., of firewards.. 224 elections in cities....... 167 shall examine places where shavings, ballots, after being counted, to be sealed etc., are colected....... 224 up, etc........... 168 shall attend fires, may order demolition ballots when sealed up to be sent to city of buildings....... 225-237 clerk, etc.....**....... 168 may command assistance.....225-226 city clerk to furnish seals, receive and may give orders to enginemen and othkeep the ballots......... 168 ers............... 225 ballots may be recounted and errors duty to prosecute.......... 227 corrected........... 168 may license sale of fireworks..... 228 when right to vote is challenged, ballot department to contain a chief and thirto be indorsed.......... 169 teen assistant engineers..... 231 penalty on city clerk or other officer for shall be elected annually....... 231 neglect of duty........ 169 organization of board......... 231 certificates of election of ward officers to may establish rules for department.. 233 be sent to city clerk....... 196 election of secretary of the board.... 232 INDEX. 797 ENGINEERS OF FIRE DEPART- ENGINEMEN. MENT, continued. to be appointed by mayor and aldermen powers and duties of engineers at fires exclusively........... 224 224-225-235 exempt from serving as jurors.... 416 chief to have sole command at fires.. 235 exempt from militia duty....... 447 his powers and duties......... 235 ENVELOPES. in the absence of chief next in rank to act 237 to be provided for voters....... 165 engineers shall search for combustibles 237 EXCAVATIONS shall prosecute for infraction of laws re- in streets, how made... 633-634-635 lating to erection of wooden buildings........... 83 238 superintendent of streets to give permits ings..........for............... 642 shall report to mayor names of persons under sidewals, not to be ventilated to be removed from department. 240into streets.. 644 rules and regulations in regard to badges 253 may make rules and regulations in relation to gunpowder........ 238, 260 from serving on juries........ 416 from military duty.......... 4 47 penalty for hindering engineers or at- fro miliy duty447 tempting to rescue powder... 261 EXHIBITIONS. engineers may enter licensed places and public exhibitions to be licensed.... 34 examine........... 262 penalty for exhibiting or training fightshall publish rules in newspapers... 262 ing birds or animals..... 35-36 shall examine premises where oils are penalty for being present at.....35-36 kept.............. 515 EXPENDITURE S.........144-213 shall make complaints of violations of (See Finance.) statutes in relation to storage, etc., EXPLOSIVE SUBSTANCES. of oils............. 517 not to be located under sidewalks... 644 F. FANEUIL HALL. FANEUIL HALL MARKET, concity council not authorized to lease or tinued. sell.............. 18 fraudulentdealing or breach of ordinance, appointment of superintendent.... 179 how punished.......... 189 duties of superintendent....... 180 stalls to be leased by written leases.. 190 rules and regulations of the aldermen. 181 conditions of leases, note....... 190 PANEUIL HALL 1MARKET. offal, etc., not to remain in the stalls. 191 mayor and aldermen authorized to ex- offal, etc., not to be thrown into the pastend limits of......... 128 sageways or on sidewalks.... 192 provisions, etc., may be sold on street stale meat, vegetables, etc., not to be stands in vicinity........ 183 sold or exposed......... 192 city shall not prohibit the occupation of superintendent may remove it..... 192 stands during certain hours... 183 stalls, etc., shall revert to the city when game laws.............. 184 rent is not paid, etc........ 193 superintendent of market, how ap- poultry shall be dressed, etc...... 193 pointed.............185 gaming, smoking, disorderly behavior, deputies appointed by superintendent. 185 etc., prohibited........ 9. 193 duties of superintendent........ 186 horses, carriages, etc., not permitted superintendent to give bond...... 55 within limits of the market, exvehicles of market men without limits of 112 cept, etc............. 194 limits of the market......... 186 passageways, etc., shall not be encumsuperintendent to assign stands for carts bered.............. 194 and other carriages....... 187 street stands shall not be occupied, exsuperintendent and deputies may order cept,etc............. 195 carriages, horses, etc., to be re- street stands, what hours to be occupied 195 moved or cause them to be removed 187 penalties............... 195 horses, etc., to be taken from carriages. 188 superintendent shall pay over moneys, butter to be sold by weight..... 189 and make quarterly report. 195, 219 67* 798 INDEX. FARES. FERRIES, continmed. rates of, for carriages....... 103-106 may operate the ferry and establish tolls 204 FAhiM SCHOOL. East Boston Ferry Company authorized Thompson's Island to be exempt from to run boats between landings Iortaxation as long as used by... 269 merly occupied by People's Ferry FAST DRIVING. Company, provided, etc..... 205 in streets forbidden........ 97, 635 city of Boston may purchase franchise FEDERAL STREET BRIDGE. and property of East Boston Ferincorporated, etc........... 65-66 ry Company, for certain purposes 205 name established............ 75 city may maintain ferry free of tolls.. 205 (See Bridges.) aldermen to determine what portion of FEMALES. cost shall be borne by owners of convicts, how sentenced........ 379 real estate in East Boston.... 206 convicts with infants......... 379 parties aggrieved may apply for jury, children of convicts........379-380 etc............. 206 FENCES. decision of aldermen to be certified to penalty for defacing.......... 93 assessors, and assessments to be what shall constitute a legal fence... 197 made upon estates benefited... 206 adjoining occupants to maintain.... 197 city may operate ferry with additional proceedings in case of neglect..... 197 boats and at reduced rates of ferproceedings to recover for repairs of de- riage.............. 207 ficient fences......... 197 may maintain ferry free for ten years, controversies about repairs, how deter- and subsequently apportion half mined............. 197 the cost of purchase upon estates damages in case of neglect or refusal to benefited........... 207 maintain fence......... 198 may collect tolls for all vehicles passing partition fences, how kept, etc...... 198 to or from places beyond limits of division of lands............ 199 city............... 208 fence viewers may determine whether People's Ferry Company incorporated, fence is required........ 199 note.................. 205 when line is altered by court, fence Citizen's Ferry Company, note.... 205 viewers may order removal of FIDDLERS. fence to correspond..... 199 commitment of..........380-381 how maintained........... 199 FIELD DRIVERS. enclosure of unimproved lands.... 200 to take up beasts going at large without on town lines............ i0 keeper............. 209 water fences............. 200 fees for taking up beasts....... 209 FENCE VIEWERS. (See Pounds.) to determine what shall be a legal fence 197 FIINANCE. two or more to be chosen annually... 200 annual statement of receipts and expenpowers and duties of........ 197-.00 ditures to be made......23, 220 penalty for neglect.......... 200 appointment of joint committee on.. 216 fees of, by whom to be paid...... 201 county receipts and expenditures... 145 FERRIES. manner of drawing money from the city incorporation of Vinnisimmet ferry be- treasury.......... 214 tween Chelsea and Boston.... 202 no expenditures authorized until the apauthorized to extend wharves and docks propriations have been made.. 138 for ferry.......... 202 banks may contract with cities for payincorporation of East Boston Ferry Con- ment of interest on account curpany............. 20. rent of money deposited..... 212 accommodations for transportation to be treasurer's accounts.......... 216 furnished as mayor and aldermen money to be applied to the reduction of order............ 203 the city debt........... 217 directors to make annual returns to FINES. mayor and aldermen...... 203 recovery and disposition of..... 472-473 authority of mayor and aldermen to FIRE ALARMS. license ferries.......... 203 appointment of joint committee on.. 251 city may purchase franchise and prop- powers and duties of........ 251 ertyof East Boston FerryCompany 203 superintendent of to be elected.... 252 may issue scrip to pay for the same.. 203 duties of superintendent....... 252 INDEX. 799 FIRE ALARMS, continued. FIRES, continued. alarms, how given.......... 252 engineers may command assistance in false alarms.............. 253 extinguishing.......... 225 FIRE-ARMS. embezzling of property at....... 226 penalty for firing guns, etc., within city 255 penalty for making bonfires...... 226 loaded arms not to be taken into houses, penalty for giving false alarms..... 226 etc................ 258 penalty for carrying fire through streets 227 loaded arms in houses may be seized. 258 penalty for stealing at......... 229 FIRE DEPARTMENT. jury of inquest may be called on... 229 city council may establish....... 224 combustible materials may be removed 237 appointment of enginemen, &c..... 224 fires out of city............ 235 may appropriate money for relief of board of engineers to bring suits for members injured........ 225 violation of statutes relating to fire clubs not to be established unless, wooden buildings........ 83 etc.............. 229, 249 FIRE ESCAPES. composition of the department..... 231 tenement houses to be provided with. 694 election and organization of board of en- FIRE PLACES. gineers............. 231 aldermen to have defective examined. 120 engineers may make rules for the de- may be abated as a nuisance..... 121 partment............. 233 FIREWOOD. qualifications of members....... 240 not to remain in streets...... 626 members shall sign agreement.... 240 (See Wood.) engineers to report persons for removal 240 FIREWORKS. members may be removed by mayor.. 240 not to be kept or sold without a license 228 record of removal to be sent to aldermen 241 FIRST ASSISTANT ASSESSORS. compensation of members...... 241 of taxes..............688-690 meetings hi engine houses prohibited. 241 (See Tcxes.) members may be dismissed for neglect of duty............. 241 sale and keeping of regulated..... 353 members who serve seven years to re- sale of in certain places restricted... 354 ceive certificate........ 242 damaged, not to be brought into city companies, how formed........ 242 without a permit........ 356 members to be paid monthly..... 242 penalty for selling tainted or damaged. 331 engine companies........... 242 FLATS. hose companies............ 243 improvement of South Boston flats.. 298 axemen and rakemen.. o.....243-247 Charles river flats........... 300 drivers and stewards......... 243 FLUES................. 120 companies to have foreman and clerk. 243 (See Chimneys.) duties of enginemen.......... 244 FORT HILL. duties of foremen........... 245 city may construct sewers for drainage duties of firemen........... 245 of............. 570-571 duties of drivers........... 246 aldermen authorized to reduce the grade duties of clerks............ 247 of estates on.......... 619 duties of hosemen.......... 247 earth from to be used in building Atlanduties of axemen and rakemen..... 247 tic avenue........... 619 duties of all members in case of fire.. 247 FORT POINT CHANNEL. to be subject to rules, etc........ 248 city authorized to build a bridge over. 619 companies not to leave the city,except,etc. 249 FOOD. fines for absence........... 249 penalty for adulterating........ 330 vacations may be granted to members. 250 FOUL CHIMNEYS......... 120 substitutes may be selected..... 250 (See Chimneys,) to wear badges............ 248 rules, etc., in regard to badges.... 253 penalty for injuring.129 members shall be exempt from jury and aldermen to have care of public.... 130 military duty.........416,447 charges for water used... 742-744 charge for water used by....... 743 FOWLING-PIECE. FIRES. not to be discharged within city.... 255 engineers to attend.......... 225 FOWLS. buildings may be pulled down...225-237 not to be kept without license..... 355 800 INDEX. FOWLS, continued. i FUEL, continued. fresh water or sea, not to be killed at provisions relating to the measuring and certain times......... 184 weighing of wood, bark and FRAMINGHAMI. coal.............757-762 inhabitants may use Cochituate water. 722 UN L R. FU1NERAL CAR. FREESTONE. regulations respecting survey of.. 439-440 bodies to be conveyed to grave or tomb appointment of surveyors...... 4411 in......... 338 duties and fees........... 440 FUNERALS. FRONT STREET. provisions relating to interment of dead authority to lay out a street in continua- 336-340 tion of............. 615 FURNACES. FRUIT. aldermen may regulate....... 590-591 damaged, etc., not to be brought into not to be used in certain cases without a city without permit..... 355-356 license......... 589-590 FUEL. not to be located under sidewalks... 644 committee on to make contracts for.. 256 to be weighed and measured..... 257 (See Steans Egies.) superintendent of public buildings to FUSIBLE SAFETY PLUG. have charge of delivery..... 257 to be used with steam boilers.... 592 G. GALLOP'S ISLAND......... 268 GAS COMPANIES. (See Note.) rights to sink pipes in streets..... 615 (See Note.) GrA1y-Liii.GEOGRAPHY. certain birds not to be killed at certain GEOG times In the year.to be taught in public schools... 546 times in the year......... 184 GAMINGrTATP^ a*GEOMETRY. to be taught in high schools...... 546 penalty on innholders, etc., for keepingGEORGE'S ISLAND..... 268 implements for........ 41 (See Note.) penalty for using billiard tables, etc., for GIFTS. purpose of........... 42 to city hospital, how invested.... 362 penalty for gaming at musters, cattle GOATS. shows, etc........... 42 he goats not to go at large between July penalty, on innholders for keeping im-and December......... 211 plements for gaming on the Lord's not to be kept without license..... 355 day............... 42 GOODS. common gaming houses may be entered not to be placed in streets, etc..... 613 and persons arrested...... 43 not to be raised from streets into buildbooths for, near public gatherings, how ings, except, etc........ 614 abated............. 36 not to be suspended so as to project into in Faneuil Hall Market forbidden.. 193streets etc.... 628 in streets forbidden.......... 627 GOVERNOR. GARBAGE. election of............. 26 suitable receptacles to be provided for GRAIN. 350, 697 how sold............... 442 GARDEN (PUBLIC). fees of measurers.......... 442-443 no building to be erected on except for provisions relating to measuring.. 749-750 horticultural purposes..... 130 decayed or damaged not to be brought aldermen to have care of..... 130 into city without a permit.. 355-356 provisions of ordinance in relation to 130-133 GRA IIMMAR. ball playing on, not allowed, unless, etc. 132 to be taught in public schools..... 546 aldermen may make rules in relation to 133 GRAND JURORS.......... 419 (See Common01.) (See Jurors.) INDEX. 801 GRATINGS. GUNPOWDER. regulations respecting the placing in engineers shall make rules regulating streets and sidewalks....632-634 transportation and keeping of 238-260 GRAVEL.............. e. 45 quantity which may be kept by state or (See Ballast.) United States officers...... 259 GRAVES. may be seized if kept contrary to law 259-260 penalty for violating......... 327 proceedings in case of seizure..... 261 penalty for injuring grave stones... 329 notto be sold without a license.. 260 graves not to be less than three feet deep 337 persons injured by powder kept connot to be dug in city without special per- trary to law may recover dama mission............. 338 ges.... 262 not to be opened without license.... 339 penalty for keeping or selling contrary GREAT BREWSTER ISLAND.. 268to law. 263-265 N(See V ote.) wilful injury to houses by explosion of 264 GR(SOUe SEote throwing explosive substances into GROUSE. houses...... 264 pinnated grouse not to be killed at cer-arrnts for searching houses, etc., tain times............ 184 tain times........ 184where gunpowder is unlawfully GUN-COTTON. kept.............. 265 city may regulate the keeping o. 227-264 H. HACKNEY CARRIAGES... 97 HARBOR, continued. (See Carriages.) alteration of line between West Boston HACKS bridge and the Boston and Roxappointment of superintendent... 97-98 bury Milldam.......... 278 regulations respecting....... 97-106 first, second, and third lines described. 279 fares in..............93-106 fourth, fifth, sixth, seventh, eighth and HAND HOSE. ninth lines described...... 279 use of restricted.......... 736 tenth, eleventh and twelfth lines deHAND ORGANS. scribed............ 280 rules in regard to........... 465 lines in Chelsea creek described and HAND SLEDS............ 107 established........... 281 (See Carriages.) line on East Boston side and line on HARBOR. Chelsea side, described..... 281 jurisdiction over islands n...... 141 line between West Boston bridge and limits of for certain purposes..... 294 Boston and Robury Milldam furconcurrent jurisdiction ceded to United ther altered.......... 284 States over certain places in... 268 additional lines in South Bay described 285 Thompson's Island annexed to Boston. 269 lines on Mystic river described.... 287 Raynsford Island, governor authorized lines in Dorchester Bay and Neponset to sell.............. 269 river described........ 288 Harbor Lines. lines from East Boston towards Breed's line from Free street bridge to Warren Island described........ 289 bridge established........ 269 lines of wharves and fiats between West lines between Free street bridge and the Boston Bridge and the Milldam Dover street bridge....... 271 altered............. 289 channel lines established....... 273 line between Taylor's wharf and the lines between Warren bridge (Boston jail wharf defined........ 290 side) and Milldam, and alterations 274 tenth line in South Boston Bay altered 291 lines on the Charlestown side of the har- Harbor Regulations. bor..........~.... 276 no vessel to anchor except within cerlines on the East Boston side of the har- tain limits.......... 291 bor,............ 276 trim of vessels at wharves...... 292 802 INDEX. IH ARBOR, continued. HAY. penalty for throwing stones, etc., intosuperintendent of hay-scales may be apthe harbor........... 292pointed307-309 pointed...........307-309 regulation of warps and lines..... 292 penalty for setting up hay-scales withnut master or owners of vessels liable to authority.... 307 penalty for throwing stones, etc.,pressedhay, how branded... 307 into harbor................ 0 923 inspectors of bundle hay may be apall yards of vessels to be cock-billed, etc., pointed... 307 while at wharf........ 930 while at wharf.......... 293 duty of superintendent.......307-309 vessels in harbor to keep an anchorduti of inspectors.. 307-308 watch and light.... 293 penalty for selling without inspection. 308 no ashes, etc., to be thrown into the stands for sale of.......... 308 harbor..........., 294 harbor............. 294......aldermento establish scales...... 309 stones, gravel, etc., not to be taken fromfees for weighing..........308-310 the islands etc......... 294 compensation of weighers....... 310 mooring to buoys, beacons, etc., prohibited............ 295 rafts, etc., pot to be moored to private provisions of charter respecting... 18 bridges, wharves, etc....... 295 statute provisions concerning nuisances, rafts, etc., not to be moored to any pub- contagion, etc.......... 316 lie bridge, except, etc...... 295 concerning vaccination....... 320 Board of Harbor Conmmissioners. concerning quarantine....... 320 established........... 296 concerning hospitals and dangerous disto prescribe harbor lines....... 297 eases.............322 to approve all authorized works in har- concerning offensive trades......323 bors.............. 297 concerning nuisance caused by wet lands 325 compensation for displacement of tide- concerning dead bodies........ 327 water............ 297 concerning cemeteries and burials... 327 unauthorized works to be deemed nui- concerning offences against the public saces............. 298 health............. 330 improvement of South Boston flats. 298-299 ordinances concerning the public health erection of sea-walls in Charles river331 to 356 authorized.......... 299 mayor to be active in protecting.... 332 joint standing committee on the preser- penalty for offences against health ordivation of the harbor, their duties, nance. 356 etc................. 301 Board of Health. dredging machine, care and use of.. 301 city council may appoint board.... 315 HARBOR MASTER. board may appoint physician..... 315 city council may appoint a harbor master 292 may appoint agents.....315 harbor master shall give bond.. 55 may make regulations respecting nuishis duties and authority........ 293 ances, etc.....316 recovery of penalties.......... 293 shall give notice of regulations.... 316 penalty for obstructing him in the per- shall examine into and abate nuisances 316 forlmance of his duties, or for penalty on owner or occupant for refusneglect to obey his orders.... 293 ing.... 316 to regulate warps and lines...... 292 order for abatement how served.... 316 HARRISON AVENUE. occupants of unfit dwelling-places may authority to lay out a street in continua- be removed.......... 317 tion of............. 615 compulsory examination of premises. 317 HAWKERS. board may establish quarantine of vesarticles which may be sold without sels...............321 license........... 302 may order suspected vessels to quaranarticles prohibited........... 303 tine............... 321 secretary of commonwealth to grant li- shall establish hospitals under certain censes on the certificate of mayor 303 circumstances........ 322 fees for licenses........... 303 shall give notice of infected places.. holding an auctioneer's license not to sell may assign places for exercising offenin any other place, etc...... 305 sive trades........... 323 disabled soldiers and sailors not to pay may prohibit such trades.....323-324 fee for license......... 306 appeal from action of the board.... 324 INDEX. 803 HEALTH, continueed. HOOPS, contiinted. may abate nuisances caused by wet, rot- length and size of........... 588 ten or spongy lands....... 325 fees for culling............ 589 shall make regulations concerning ceme-HORNS. teries, etc............ 328 regulations respecting blowingin streets 631 shall give notice of regulations... 328 HO SE-CARS. shall give notice before closing ceme- penalty for riding on platforms of, withteries, etc........... 328 out permission......... 117 appeals from order of board.... 328-329 to turn corners slowly........ 117 board of aldermen shall constitute board HtORSE RAILROADS. of health........... 331 sallof health..ost... f 331 tprovisions relating to carriages in streets shall approve construction, etc., of tenement-houss >shall not apply to.... 96 ment-houses.....694-695-696-699 HORSES. may give permits for occupation of eellmay give permis delligsfor o n of c5-66 city may regulate rate of speed of... 97 lars, etc., as dwellings....695-696 lars, etc., as dwellings.... 691-696 shall not be left unless in care of suitable may remove inmates of tenement-houses, person.. 101 etc............. 6 101698 shall not be fed in streets....... 115 shall regulate the ventilation of tenement- n be of t tr.1.number of to one truck........ 110 houses, etce..........698-699 manner of driving in streets...... 111 shall inspect tenement-house upon noshall turn corners at a walk...... 117 tice of infectious diseases.... 698 nbt permitted on Common, etc...130-132 may make additional rules in relation to tenement-houses, etc.......709 going at large without a keeper may be tenement-houses, etc....... 70imode.............. 29700 impounded..........2C9 Supe2rintendent of Health. superintendeint of health shall be elected 333 shall not be kept in tenement-houses.. 697 superintendent of health shall be elected 333 may appoint an assistant....... 333 HOSE COMPANIES. shall execute laws and ordinances... 333 how formed.............. 243 shall give bond.......... 55,334 HOSEMEl-N. duties and powers........ 334-335 to be appointed by mayor and aldermen shall give permits for cleansing vaults. 348 exclusively.............. 24 HIGHLANDS............. 542 HOSPITALS. (See Roxbury/.) for the reception of persons having danHIG5H SCHOOLS. gerous diseases......... 322 establishment of.......... 4. 5board of health to have charge of... 322 branches taught in......... 546establishment of........... 322 duties of school committee in relation to 550 physicians in, subject to board of health 322 admission to............ 555 board of health may establish a hospital governor may issue arms to in Boston. 561 under certain circumstances... 322 HIGHWAYS.............. 597 statute provisions relating to insane hos(See Streets.) pitals...........365-372 HISTORY. (See Lunatics.) cities may appropriate money for local HOSPITAL, CITY. histories............ 357 authority to establish........ 358 record of soldiers and sailors to be made 357 city council to make rules, etc..... 359 monuments to deceased soldiers, etc.. 358 not to be located near school-house or history shall be taught in public schools 546 church............. 359 HOGS. election of trustees of......... 359 not to be kept without license..... 355 organization of trustees........ 360 nor to go at large........... 209 election of superintendent....... 360 HOLIDAYS. powers and duties of superintendent. 361 authority to appropriate money for cele- trustees to have charge of house for bration of........... 674 small-pox, etc......... 361 HOOK AND LADDER COM1PANIES. trustees to make repairs on buildings. 361 how formed............ 243 hospital to be for temporary relief.. 362 HOOK ANSD LADDER VMEN. trustees to make an annual report... 362 shall be appointed by mayor and alder- investment of gifts and bequests..... 363 men exclusively......... 224 HOTELS. (See Fire Department.) water rates for............ 739 HOOPS. (See Licensed Houses.) cullers of to be appointed..... 1, 588 HOUSE OFFAL............ 350-353 804 INDEX. HOUSE OF CORRECTION. HOUSE OF CORRECTION, conhow provided, etc............ 377 tinned. to have enclosed yard....... 377 master to keep a prison book.... 392 jail may be used as house of correction. 377 inspection of house.........392-393 removal of convicts from one house to weekly returns of commitments to be another............ 377 made to board of State charities. 394 commissioners to assent, etc..... 378 annual returns of expenses, etc., to be sentence and classification....... 378 made............. 394-395 provisions for reading to be made... 378 insane persons, how removed and recompensation of directors....... 378 turned...... 398 directors to furnish materials, etc., for statute provisions relating to commitwork............. 378-379 ments and discharges.... 396-398 powers and duties of directors..... 379 board of directors for public institutions may make contracts for work to be done 398-404 in the house........... 379 powers and duties of....... 398-399 may make contracts for letting the con- HOUSE OF INDUSTRY. victs out for hire......... 379 directors to be chosen......405-406 convicts may be employed on public powers, etc., of directors in binding out lands and buildings belonging to children............ 405 the county........... 379 municipal court may commit to... 405-406 concerning females sentenced to hard drunkards to be sent to........ 406 labor.............379-380 board of directors for public institutions sentence of rogues, vagabonds, etc...... 380 to have charge of house.... 407 reformed prisoners may be discharged. 382 HOUSE OF REFOR MATIO N. commitment and discharge of night- city council authorized to erect for juwalkers.............. 382 venile offenders......... 408 master of house, how appointed, duties, children convicted of crhiinal offences etc..............144, 383 to be sent to......... 408, 563 how removed............. 383 children leading idle or dissolute lives to keep calendar of prisoners and record may be sent to..... 409-410, 563 of conduct.......... 384-385 directors to employ and instruct clilhouse to be kept clean........ 385 dren.............. 409 prisoners to be kept clean and furnished separate branch for females.,. 410-412 with proper food........ 386 directors may discharge inmates... 411 classification, etc., of prisoners.... 386 house united with Boylston asylum.. 411 execution of sentence to solitary im- rights and powers of directors.... 412 prisonment........... 386 HOUSES. prisoners to be kept to hard labor, etc. 386 water rates for............ 783 punishment for refusing to work, etc.. 387 (See Buzildings and Tenement Houses.) punishment for prisoners escaping, etc. 387 HULL. punishment of refractory prisoners.. 387 jurisdiction over offences committed in 141 moral and religious instruction of pris- HU-NDRED WEIGHT. oners............. 388 to be construed net hundred..... 749 burial of deceased prisoners...... 388 HURDY-G-UIRDIES. spirituous liquors prohibited..... 388 rules in'regard to........... 465 penalty on master for neglect of duty. 389 HYDE PARK. officers using intoxicating liquors to be lines between Boston and....... 62 removed........... 389 portion of citizens to vote in Dorchester removal of prisoners in case of pesti- for representatives....... 172 lence............. 389 HYDRANTS. removal in case of fire........ 389 authority to make and establish.... 716 expense of supporting prisoners.. 390-391 penalty for opening.......... 734 compensation of master....... 391 HYG-IfEINE. accounts to be audited....... 391 to be taught in public schools.... 546 INDEX. 805 I. iCE. INSPECTORS OF BALLAST. to be removed from sidewalks or cov- how appointed........... 46 ered with sand, etc........ 640 inspector in chief to give bond... 47-55 cities may make by-laws in relation to duties of inspector in chief and assistremoval from roofs of buildings. 84 ants........... 47 IDLE PERSONS. stones, gravel, sand, and other ballast to commitment of...........380-381 be inspected........... 50 IDIOTS. manner of inspection....... 51 may be sent to state almshouse.... 494 fees for inspecting........... 52 IMPOUNDING OF CATTLE... 209 accounts of, what to specify..... 53 (See Pounds.) office hours of............. 53 INDIANS. owners or agents of lighters, etc., shall polls and estates of, not to be taxed.. 655 not be inspectors........ 54 INFECTIOUS DISEASES. INSPECTORS OFD ELECTIONS. board of health shall make provision for to sign certificates of election..... 4 persons infected........ 318 not to allow persons to vote whose justices of the peace may remove sick names are not on list...... 26 persons............ 318 (See Ward QlOicers.) infected articles.......... 318-319 INSPECTORS O HAY...... 307 officers may break open houses, etc... 319 (See Hay.) prisoners attacked with disease may be INSPECTORS OF LEATHER.428-429 removed............ 319 INSPECTORS OF LIME. in tenement houses, etc........ 697 appointment of and duties....... 438 INFLAIBMABLE FLUIDS, ETC. (See Lime.) cities may regulate storage and sale of 514 INSPECTOR OF MILK. not to be stored under sidewalks... 644 appointment of and duties... 453-454 INJUNCTIONS. INSPECTORS OF PETROLEUM. may be issued in cases of nuisance. 317 appointment of and duties.....512-514 restraining use of engines, etc...... 591 fees of.............. 519 INNHOLDERS. INSPECTORS OF PRISONS. shall be licensed........... 436 to inspect lunatic hospital....... 365 shall entertain travellers, etc...... 436 powers and duties of....... 392-393 penalty for refusing.......... 436 to make returns to governor...... 394 shall put up signs........... 436 INSTITUTIONS. punishment if fines are not paid.... 437 (See House of Correction, Jails, etc.) not to give credit to students..... 437 INSTRUCTION........... 546 penalty for keeping implements for ga- (See Schools.) ing.............. 41-42 INSURRECTIONS. INQUEST. militia, how called out in case of... 450 jury of may be called on fires.... 229 INTERMENT OF DEAD. proceedings of jury.......... 20 provisions of ordinance concerning. 336-340 INTELLIGENCE FICS. INTOXICATING LIQU ORS. penalty for keeping without license. 413 penalty for selling at public shows, etc. 35-36 aldermen may license 413 not to be sold in billiard saloons or aldermen may license......... 413 bowling alleys....... 43 applications for license..... 413bo g aS. 43 office hours..........ISLA DS 413 osigns to be put up..4....4...... 414 stones, gravel, etc., not to be taken from signs to be put up e..,,, 0414 in Boston harbor........ 294 records to be kept.......... 414 jurisdiction over........... 294 hfeense may be...revoked......... 414 United States tb have concurrent jurislicense maybe revoked........ 415 INSANE........ 365-37239494500diction over portions of..... 268 INS7,39(See Lunatics,0) 0 (See Harbor and notes.) 268-269 (See Lunatics.)ITINERANT MUSICIANS..... 465 INSOLVENCY. e usiis.) appointment, etc., of judge....... 141 ITINERANT TRADERS.... 302 election of commissioners of.... 143 (See Pedlers,) 68 806 INDEX. J. JAILERS............... 376 JAILS, continzued. (See Jails.) if sane before term expires to be returned............. 398 JAILS. JOINT STOCK COMPANIES. county jails, for what purposes to be record of organizations......125 used............. 376 returns and taxes of......... 671 sheriff may remove prisoners..... 376 JUDGE OF PROBATE....... 141 may furnish employment to prisoners. 376 JUNK. to be reimbursed for damages for escape cities to regulate the purchase and sale by reason of insufficiency of jails 376 of.............. 564 jailers to return list of prisoners to court 377 dealers in to be licensed......565-566 jail may be used as house of correction 377 (See Second-hand A}rticles.) sheriff to have charge of........ 383 JURORS. in case of death of sheriff....... 383 qualifications of............ 416 compensation of sheriff........ 384 persons absolutely exempt...... 416 jailer to keep calendar of prisoners..384 to serve but once in three years.... 416 to keep certain records......... 385 preparation of lists......... 417-419 to keep jail clean, etc.......... 385 list to be posted up.........417-419 execution of sentences........ 386 names to be put into box....... 417 punishment of poor debtors...... 387 names of improper persons to be withmoraland religious instruction of pris- drawn............417 oners.............. 388 inhabitants of Boston not disqualified by burial of prisoners........... 388 interest in suits brought by city. 33 use of spirituous liquors prohibited.. 388 writs of venire facias, how issued. 417-418 penalty for neglect of duty by sheriff.. 389 jurors to be appointed......... 417 officers using intoxicating liquors to be venires, how served......... 418 removed........... 389 method of drawing and summoning removal of prisoners in case of pesti- jurors............. 418-419 lence............. 389 when interest not to disqualify.... 419 removal in case of fire......... 389 grand jurors, when and how drawn and expense of supporting prisoners.... 391 summoned........ 419 jailer to keep a prison book...... 392 deficiency in grand jury........420 inspection of jails.........392-393 fines on jurors neglecting to attend. 420 annual returns of expenses, etc., to be punishment for fraud in drawing jurors 420 made.......... 394-395 warrant for juries in cases of highways 420 statute provisions relating to commit- method of summoning such jurors.. 421 ments and discharges....396-398 JUVENILE OFFENDERS. insane persons, how removed..... 398 to be sent to house of reformation. 408-410 K. KEROSENE OIL. KILNS. to be inspected......... 514 penalty for firing without license... 255 INDEX. 807 L. LAGER BEER. LEATHER, continued. penalty for selling at public shows, etc. 35-36 penalty for counterfeiting, etc., measLAMPS. urer's marks.......... 429 aldermen empowered to set up, etc... 421 LEGISLATURE. penalty for wilfully injuring.... 421-422 choice of senators and representatives to 26 superintendent of, how appointed... 422 LEWD PERSONS. duties of superintendent........ 422 commitment of........... 80-381 shall give bond..........56, 23 LIBEARY. may give permits for affixing awnings, cities, etc., may establish public libraries 430 etc., to buildings........ 629 etc., to hbuildings.6.....2.9. 629 appropriations, bequests and donations 430 eLANDAU.................. 97 penalty for injuring books, etc..... 430 LA(DS See cariages.)Boston authorized to found and maintain LANDS. appointment of committee on... 424a libray...... 431 committee to have chare of.....424 board of trustees of the public library, t, organizhow chosenf....b a 431 to layout streets over, etc.. 424o...43 superintendent of to be elected.... 424 organization of the board....... 432 superintendent to. give etbonds....., 42 trustees shall have care of the library. 432 superintendent to. give bonds.....55, 425 duties of superintendent.....42-42 shall report annually to the city council deeds, etc., to be signed by the mayor. 42432-33 releases to be made by mayor... 4shall appoint a superintendent, assistexpenditures............. 427 ants etc.. 433 appointment of an examining committee committee not to be interested in con-appointment of an eamiing committee tracts, etc........... 4273-434 payment of money.......... 434 quorum of committee...428 payment f money... 434 when repairs are needed..... 434 lands (except for educational purposes)n ais a ndd434 donations to librv ary........... 434 to be purchased by committee ondats to rr434 public buildings......... 87 trustees to prescribe use of books... 434 pbib i.m... ay establish branch libraries.. 4341-435 nuisance caused by wet, rotten or spongym est lands may be abated...... 325 LICENSES. LANKTER NS. for places of amusement........ 34 regulations respecting the display of in penalty for not obtaining....... 35 streets............630-631 may be revoked........... 37 LATIN. for auctioneers............ 38 to be taught in high schools. 3.... 4. 546 for billiard tables bowling alleys, etc.. 48 LATIN SCHOOL.for erection of stables........ 81-82 governor may issue arms to in Boston. 561 for carriages and vehicles...... ~8 LAYING OUT STREETS..... 597 for trucks, wagons, etc.......107-108 (See Streets.) fee for carriages, etc.......... 109 LEASES. not to be transferred, except, etc.... 109 committee on public buildings author- for carriages, etc., to be granted only to ized to lease city buildings... 85 owner or lessee......... 117 auditor to make a schedule of leases an- for sweepers of chimneys....... 121 nually............ 219 for criers.............. 148 LEATHER. for keeping dogs.......... 151 deputy inspectors of sole leather to be fireworks not to be sold without.... 228 appointed......... 428 fire engineers to grant for keeping gunmeasurers of upper leather to be ap- powder.......... 238,260 pointed............ 429 articles which may be sold by hawkers, to attend to measuring and sealing upper etc., without license....... 302 leather............ 429 prohibited articles........... 303 measurement may be waived..... 429 secretary of commonwealth to grant measurers may act hi other places than licenses to pedlers, etc., upon certhe one for which they are ap- tificate of mayor........ 303 pointed................ 429 state licenses to pedlers, etc...... 304 fees of measurer, and how paid.... 429 county licenses to pedlers, etc..... 304 808 INDEX. LICENSES, continued. LIVERY STABLES....81, 437, 737, 740 soldiers and sailors not required to pay (See Stables.) for license to peddle....... 306 LOAFERS. for removal of dead bodies...... 337 commitment of.......... 380-381 for sale of fish in certain streets..... 354 LOBSTERS. for keeping fowls, swine and goats.. 355 sale of regulated..........353-354 for intelligence offices......... 413 LODGING HOUSE. for innholders and common victuallers. 436 definition of.....700 definition of.............. 700 for pawn-brokers........ 509-510Teneent Houses) 694 (,See Tenenzent Houses) 694 for storage, etc., of petroleum..... 513 regulations in relation to....... 515 LO POND. for sale of camphene, etc........ 518 authority to take water from..... 715 for dealers in second-hand articles. 564-565 LORDS DAY. for entering drains into common sewers what it includes............. 43 575-576 LOVELL'd ISLAND........ 268 for using stationary steam engines and (See ote.) boilers in certain cases.. 589-590-592 L MB for opening streets......... 624 for occupation of streets for buildingotto be placed upon sidewalks, etc.. 638 purposes........... 625-635 LUNATIC HOSPITAL. street dirt and manure not to be removed city authorized to erect....... 365 without........... 628 statute provisions relating to.... 365-372 for affixing awnings, etc........ 629 election of superintendent of..... 402 for projecting signs, etc........ 630 LUNATIC for placing gratings in streets, etc.. 632-634 for maintaining cellar doors, etc... 632 authority to establish a hospltal for.. 365 for keeping cellar doorways, etc., open 632 city council to relate by ordinance. 365 excavations not to be made in streets, expense of supportig......... 365 etc., without........ 633-642 insane in other institutions to be transfor putting signs, etc., in sidewalks.. 635 frred to Boston hospital... 366 for watering streets........... 636 certain insane persons, how committed 366 power to license under street ordinance 641 notice to be given to mayor...... 367 form of applications for permits or insane, how and by whom discharged. 367 license to make excavations, etc.. 645 admittance to lunatic hospital of persons not paupers... 368 LICENSED HOUSES. statements to be filed......... 368 statute provisions relating to.... 436-437 certificate of physicians to be filed... 369 LIEUT. GOVERNOR. family statistics to be filed....... 369 electionof......... 26 removal of insane from State hospitals. 369 supreme court may appoint commissionLIEUT1ENANTS O1F POLICE ~.. 526 (LIEUTENANTS OF POLICE ). 52ers to examine patients.... 370 (SXee Police.) duties of commissioners........ 370 LIGHTERtS.............. 45 insane in almshouses, how transferred (See Boats and Lighters.) to hospital......... 366-371 -LIME. rprivate asylums for insane may be licensed............ 373 inspectors of may be chosen..... i. casks of to be branded....... 438 receptacle for insane at Tewksbury.. 171 fees of inspectors.43......... 8. 438 payments for support of State insane. 372 fees of inspctors...,,... 438 ouality of, and casks...... when convicts in prisons, how removed quality of, and casks......... 438'_.,..-and returned........... 398 Maine lime............. ~ 438 Maine lime.......... 438 dangerous lunatics not to be sent to penalty for selling contrary to statutes. 439 v." ~ "~State almshouse......... 494 LIQUOR. commitment of...........498-499 adulteration of............ 330 support of......... 499 (See Intoxicating Liquors.) discharge of............. 500 INDEX. 809 mo MANEU ACTURERSM. MAYOR, continued. charge for water used by....... 742 vacancy in the office of mayor..... 22 MAsNURE mayor shall be member of school commanner of keeping and removal.... 355 mittee, and preside at meetings. 23 not to be removed from streets withoutshall preside at general meetings of citilicense.......... 628 zens............... 29 MARBLE. may appoint a clerk.......... 441 regulations respecting survey of.. 439-440 time of appointing city officers.... 467 appointment of surveyors.4...0... 440 shall nominate to the aldermen.... 467 duties and fees.............440 shall appoint superintendent of hackney MARGINAL FREIGHT EAILWAY. carriages, etc 98 widening of streets in which the rail-shall appoit superintendent of wagons way is located.......... 608 tucs, e108 -MARKETS.... -........... shall approve settlements of committee land in South Boston to be set apart for 586 on claims.. 126 Faneul Hall market6 shall appoint constables........ 134 Falneuil Hall market.......... 182-196 water rates for............ 741"74 water rates for.7....... 41 inalinmay license criers...... 148 (See tneil K l aret.)authorized to execute deeds.... 149 (See Faneuil Hal~l MIarket.) (eFMAR muiRaIAGlrES.ke authorized to discharge and assign mortgages.............. 150 registry and returns of... 533-534-535-536 shall issue warrant to kill unlicensed city registrar to make records of... 537 2dogs.............152-155 penalty for publishing fraudulent notice shall make sworn statement of returns of................ 536 M S of.1fED* 5BL36.of dogs killed.......... 152 MASKED BALLS. proceedings on complaint against dogs forbidden under penalty........ 35for disturbing persons for disturbing persons...... MIASTER OF HOUSE OF CO - shall appoint superintendent of Faneuil 156 REECTIOIN. Hall.............. 179 how appointed............ 383 shall appoint a superintendent of Faneuil compensation of............ 31 Hall market........... 185 (See House of Correction.) shall be one of the trustees of sinking MAYOR. fund for purchase of E. B. Ferry shall be principal officer in the city gov- scrip.............. 204 eminent.......... 3-20 when the auditor is absent, etc.,may apelection of............. 6 point an auditor pro tern.... 214 aldermen to examine returns of votes for 7 shall draw drafts on city treasury.. 214 proceedings in case of no choice.... 7-8 ex-officio member of committee on fishall take the oath of office, etc..... 12 nance.............. 216 proceedings in case of absence when the ex-officlo member of the committee on government is organized.... 13 reduction of the city debt.... 217 shall not hold office of emolument under may direct suits at any time to recover city government........ 19 debts due the city........ 218 salary to be fixed by city council in con- shall sign certificates of debt..... 220 vention............. 20 shall appoint enginemen, hosemen, etc. 224 powers and duties.......... 20 shall appoint superintendent of hay shall be vigilant and active in enforcing scales............307-309 laws................... 20 may appoint inspectors of bundle hay. 307 veto power.............. 21 shall take measures to protect the public board to act first and mayor to approve 22 health............. 332 appointments to office, how made. 22, 467 may suspend usual ringing of bells.. 338 certain appointments to office to be may give permit for tolling bells at fumade by mayor with consent of nerals............. 338 aldermen......... 22, 467 shall appoint a superintendent of lamps 422 C8* 810 INDEX. MAYOR, continued.MEDICINES shall sign deeds, conveyances, etc., made penalty for adulterating........ 331 by committee on public lands.. 426 MEETINGS OF CITIZENS. may give releases........... 427 how called and organized.... 29 shall appoint measurers of upper leather 429 MERCANTILE SAVINGS INSTIshall appoint surveyors of marble, soap- TUTION. stone and freestone....... 440 tax on deposits in.......... 672 shall appoint measurers of grain.. 442 MERCHANDISE. may order out troops in case of riot. 451 not to be placed in streets, etc. 613 shall appoint inspector of milk.... 453 not to be raised into buildings from shall appoint one director of collateral streets, except, etc....... 614 loan company.......... 509 not to be suspended over any street, shall appoint inspectors of petroleum, etc...... 628 etc................ 512 MERIDIAN STREET BRIDGE. may appoint police officers....522-526 incorporated, etc............ 70 powers and duties of in relation to police 523 name established...... 76 shall approve contract for city printing 533 (See Bridges.) duty of mayor to suppress unlawful MESSENGER TO CITY COUNCIL. assemblies.......... 39-540 election and duties of......... 444 penalty for neglect to suppress.... 540 assistants............... 444 shall appoint three or more truant compensation............. 444 officers........... 557-558 METERS. shall be one of the trustees of water fund 720 charge for water used by....... 742 may appoint sealers of weights, etc.. 746-751 MIDDLESEX COUNTY. may remove sealers.......... 751 concurrent jurisdiction with Suffolk on authorized to appoint weighers of boil- Charles river......... 140 er, etc.. 751 commissioners of, to have jurisdiction in may appoint weighers of coal... 758-759 Chelsea, North Chelsea and Winmay appoint seizers of illegal charcoal throp........ 141 measures............ 760 MIDDLESEX RAILROAD. may appoint measurers of wood and not released from liabilities to keep bark............. 760-761 Charles river and Warren bridges MAYOR'S CLERK. in repair......... 73 appointment of and duties....... 441 MILLDAM. MEAL. city authorized to lay out as a public how sold............... 442 highway............ 74 fees of measurers......... 442-443 city authorized to lay water pipes in. 725 MEASURES. MILK. appointment of sealers of, etc... 746-751 inspector of to be appointed...... 453 statute provisions relating to the sealing duties of inspector....... 454 of 746-751 dealers to register names, etc... 454 ordinance relating to.......751-754 penalty for selling adulterated.... 454 (See Weights and Mleasures.) penalty for refusing to have cans sealed 750 MEASURERS OF LEATHER. cans to contain even quarts... 751 appointment of and duties.... 428-429 MILITARY. (See Leather.) descriptive lists of soldiers in late war MEASURERS OF MEAL AND to be kept............ 357 GRAIN. MILITIA. how appointed........... 442 persons to be enrolled......... 445 fees of.............. 443 assessors to prepare lists, etc..... 445 MEASURERS OF WOOD D Apenalty for not giving information to BARK. assessors...... how appointed........... 760-761 militia enrolled not liable to active duty, duties of measurers.......... 761 except, etc.......... 446 fees................. 762 how drafted, upon order of commanderMEAT in-chief............ 446 penalty for selling corrupt or unwhole- penalty on soldiers for not answering some.............. 0 summons.......... 446 damaged, not to be brought into city with- towns to provide, etc., ammunition.. 446 out a permit.......... 356 absolute exempts........... 447 GNDEXe 811 MILITIA, continued, MOBS. exemption of shakers and quakers, of how dispersed, etc.... 539-540 enginemen, etc.......... 447 (See Riots.) active militia to consist of volunteers. 448 MODEL HOUSES. election of officers........... 448 water rates for........... 738 adjutant-general to certify rolls, and (See Tenement Houses.) transmit to towns....... 448 MO ME TS. to submit to auditor roll of officers cities may grant money for erecting in entitled to pay, etc....... 448y..... 358 armories to be provided by towns, etc.MORTGAGES 44 MORTGAGES. record of mortgages.......... 125 encampments by divisions or brigades. 44-9 or mayor authorized to discharge and asmilitia, how called out in case of inva-si.. 150 sion or insurrection...... 450 MOUNT HOPE CEMETERY. 455 MOUNT HOPE CEMETE.R.... 455 drafts and detail of officers. 4H.. 5 MN.T.R.Y..5 450 city authorized to purchase land for a if company, etc., without officers, is authorized to purchase land for a called out, officer to be detailed. 450 cemetery............455 soldiers neglecting to appear.... 450election of trustees.455 to provide carriages, etc., in certainorganization of. 457 cases............. 450 portion of cemetery to be public.... 457 troops, how ordered out in case of riot,sale of rights 458 etc.451 form of deed for conveyance... 460-463 penalties for-disobedience, etc.. 451 deeds, how signed and recorded.... 464 troops to appear armed, etc...... 452 MOUNT WASHINGTON AVENUE none but organized companies allowed BRIDGE. to be formed, etc......... 452 incorporated, etc............ 67 penalty for unlawful military parades, name established........... 79 etc............... 452 (See Bridges.) officers to prescribe uniforms.... 452 MUNICIPAL COURT T. cities and towns to pay therefor... 453 establishment of........ 147 MINORS. justices of............... 147 penalty on auctioneers for receiving clers of............... 147 goods from............ 38 terms of court........... 147 not to be admitted to billiard rooms, southern district............ 147 bowling alleys, etc., without writ- jurisdiction in Dorchester... 148 ten consent of parents, etc..... 41 MUNICIPAL ELECTIONS.. 4-161 not to drive wagons, etc., unless spe- See Elections.) cially licensed....... 110 MUNICIPAL OFFICERS......467 may be restrained from peddling articles 302 (See cers) not to be removed from State without authority......... 480 MUSIC (VOCAL). under the age of fourteen may be bound to be taught in public schools.... 546 as apprentices, etc........ 501 MUSICIANS. above the age of fourteen, how bound aldermen may adopt rules respecting 502-504 street musicians........ 465 convicted of truancy..... 557-558 rules of aldermen.......... 465 N. NAPHTHA. NATURALIZATION. mixture of regulated......... 512 papers to be produced......... 163 penalty for selling under assumed name 513 NAVAL. NATICK. description of persons in naval service inhabitants may use Cochituate water. 722 during the late war to be kept.. 357 city to indemnify for injuries to high INECK LANDS. ways, etc........... 724 erection of buildings on...... 83 812 INDEX. NEGLECTED CHILDREN. NOTICESOF INTENTION TO BUILD provisions respecting the care and edu- shall be given to aldermen...... 91 cation of........... 558 NUISANCES. NEWSPAPERS. booths for gaming, etc., near public gathsale of by minors may be restrained. 302 erings maybe abated as.... 36 ordinances shall be published in.... 473 burnt or dilapidated buildings to be ad NIGHIT SOIL. judged............ 84 removal of................ 349 manner of abating nuisances...... 84 (See Note.) board of health to make regulations reNIGHT WALKERS. specting.......... 316 commitment of............ 380 notice of regulations to be published. 316 on third conviction may be sent to houseabatement of nuisances y board of health............. 316 of correction.......... 382 health.myodra.e t.. 316 maybe bound out or discharged... 382 court may order abatement 317 court may issue injunctions. 317 NODDLE'S ISLAND.............. 159 compulsory examination of plemises. 317 (See East Boston.) permits for removal of nuisances... 318 NORTHI CHELSEA. caused by offensive trades, how abated incorporation of............ 119 323-324 not to be taxed for county purposes. 120 caused by wet lands how abated.. 325 county commissioners of Middlesex to when steam engines, etc., may be deemed 591 have jurisdiction in....... 141 NUMBERS. part of thirteenth representative district 172 regular series of to be affixed to buildNOTICES. ings by aldermen........ 91 not to be posted without permission. 466 penalty for numbering contrary to dinot to be posted on curb stones.... 466 rections............. 92 0. OATS. OFFICES (CITY), continued. how sold............. 424 lic buildings.......... 468 fees of measurers........... 443 office hours............468-469 OBSTRUCTION OP STREETS. offices shall be closed on Saturday afprovisions of statutes relating to.. 612-613 ternoons............ 469 provisions of ordinance relating to.. 628 OFFICES (BUSINESS). OBTSRUCTION OP SIDEWALKS. water irates for.......... 739 by persons standing in a group, forbid- OFFICERS. den............... 638 (See City Offcers.) byplacing lumber, etc., on...... 638 OILS. OFFAL. petroleum, earth rock oil, etc., statutes of houses shall be kept in suitable ves- and ordinance concerning. 512-518 sels............... 350 (See Petroleum.) removal of........... 351-353 OLD METALS. not to be thrown into streets without provisions respecting purchase and sale license......... 351-352 of..............564-566 not to be thrown or remain in market (See Second-handd Articles.) stalls............. 191 OLIVER STREET. not to be thrown in passageways of authority to lay out and widen.... 619 market............. 192 OMNIBUSES. tenement houses to have suitable re- shall be numbered.......... 100 ceptacles for.......... 697 shall not stop except to receive passenOFFENSIVE TRADES gers......... 106 exercise of may be prohibited... 323-324 shall be driven on routes assigned.. 107 OFFICES (CITY). penalty for riding on steps without pershall be furnished by committee on pub- mission............ 117 INDEX. 813 ORDINANCES. OVERSEERS OF POOR, continued. city council authorized to make.... 16 shall report to city council..... 480-483 and annex penalties........ 16 authorized to hold personal estate. 476-480 enacting style of........... 472 not authorized to remove minors from shall be examined and enrolled.... 473 state.............. 480 shall be published.......... 473 may provide immediate relief for stranmay be annulled by general court... 470 gers.............. 489 powers of city council to make... 16-471 may support strangers until removed, complaints founded on........ 471 and, in case of death, bury... 490 city officers may prosecute for violation shall send notices to places chargeable, of.............. 472 etc.............. 490-491 city solicitor may enter a nolle pros.. 472 may sell estate of deceased pauper.. 491 fines, how recovered and appropriated may prosecute, etc..........491 472-473 shall make annual returns to board of actions on, what may be set forth, etc. 34 state charities.......... 492 adoption of revised ordinances... 763 removal of paupers by........ 496 repeal of former ordinances.....7, 63 may commit insane paupers to state hosrepeal not to affect rights, etc..... 764 pitals............ 499 OVERSEERS OF POOR. may bind minors as apprentices, etc.. 502 incorporation of........... 475 shall keep a set of books.. 481-482-491-492 to control bequests, etc....... 475 examination of books......... 484 shall have perpetual succession... 476 shall have charge of charity building shall have a common seal....... 476 and temporary home..... 484-485 instruments made by shall be binding. 476 committee of city council on...... 481 shall have control of Boylston donation (See Paupers.) 488 476-477 authorized to bind out poor persons. 478 ORTHOGRAPHIY. power over indigent boys....... 478 to be taught in public schools.... 546 powers and privileges of the board 478-479-488 OYSTERS. election and organization of...... 479 sale of regulated....... 353-354 P. PARTRIDGES. PAUPERS, continued. not to be killed at certain times... 184 disabled convicts, how provided for. 495 PATROLMEN.......... 526 allowance for state paupers.... 495 (See Police.) accounts, how audited......... 495 PAUPERS. paupers may be sent out of state..495-496 cities, etc., to support...... 488 removal of paupers......... 496 certain kindred to support...... 488 support of bastard children... 496-497 court may direct with whom pauper dangerous lunatics not to be sent to shall live......... 489 state almshouse......... 494 immediate relief of strangers..... 489 commitment of lunatics......498-499 liability when pauper is removed... 490 support of lunatics.......... 499 notification of other places.... 490-491 discharge of harmless insane..... 500 penalty for bringing paupers into state 491 remedy of towns for expenses of lunareturns of paupers assisted..... 492 tics........ 501 coroner when to bury bodies of paupers 492 settlements, how acquired....505-507 state paupers to be sent to state alms- special provisions relating to soldiers house.............. 493 and sailors......... 507-508 sick paupers to be sent to hospital... 493 PAVING. admission of sick into almshouse... 493 provisions respecting...... 611-614 when state almshouses are full, cities, PAWNBROKERS. etc., shall take charge of paupers 494 shall be licensed....... 509-510 husband and wife not be separated.. 494 shall keep a record of transactions.. 510 814 INDEX. PAWNBROKERS, continued. PHYSICIAN, CITY, continued. not to receive articles from minors. 510 harbor master shall report certain vesform of license........... 509-510 sels to............ 343 penalty for violations.......509-511 PHYSICIANS, CONSULTING. PAWNERS' BANK......... 509 shall be elected by city council.... 341 (See Collateral Loan Co.) PHYSICIAN, PORT. PEDLERS. shall be elected by city council.... 344 articles which may be sold without shall reside at Deer Island...... 344 license........... 302 duties of............... 345 articles prohibited.......... 303 appointment of assistant....... 345 license to peddle, how obtained.... 303-304 PHYSIOLOGY. fees for licenses.......... 303-304 to be taught in public schools..... 546 penalty for counterfeiting license, etc.. 305 PICKPOCKETS. holding an auctioneer's license not to a rest and sentence of......... 381 sell in any other place...... 305 PIERS. disabled soldiers and sailors not to pay (See WrFVarves.) fee for license......... 306 PIPERS. PENALTIES. commitment of............. 380-381 for breach of ordinances and by-laws PLACARDS. not to exceed $50........ 16 not to be posted without permission. 466 PEOPLE'S PERRY CO. not to be posted on curbstones.... 466 note concerning........... 205 PLACES. PERAMBULATIO N S........ 58 (See Streets.) (See Boundaries.) PLANING MILLS. PERSONAL ESTATE. steam-engines used in shall be licensed subject to taxation......... 653-654 589-590 exempt from taxation..... 654-655 PLATPFORMS. (See Taxes.) projecting into streets shall be kept in PETROLEUM. good repair by owner..... 93-612 inspectors of to be appointed..... 512 PLOVER. fees of inspectors........... 519 upland plover not to be killed at certain mixture of inflammable oils regulated. 512 times............. 184 unsafe oils to be branded....... 512 POISONS. crude petroleum, how stored..... 51 penalty for selling without written not to be manufactured, etc., without prescription.......... 331 license............ 513 POLICE. search warrants may be issued.... 513 general statute provisions relating to 520-522 oils not to remain in streets, etc.... 514 special statute provisions relating to. 522 cities may make regulations...... 514 appointment of police officers... 522, 527 petroleum, etc., sold for illuminating powers and duties of chief and subordipurposes to be inspected.... 514 nate officers 523, 524, 525, 527, 528, 529 application to be made to the aldermen powers and duties of aldermen in relato keep, etc........... 515 tion to......15, 523, 524, 525, 530 regulations of city council respecting state police, duties and powers of. 525-526 storage and sale....... 515-518 local police to aid state police..... 526 PHILOSOPHY. organization of city police department. 526 to be taught in high schools...... 546 vacancies in department, how filled. 527 PHYSICIANS. officers to be sworn......... 527 shall give notice to board of health of compensation............ 528 persons having dangerous diseases 323 witness fees.............. 529 shall give bond on receiving a dead body 327 shall give alarm in case of fire.... 250 physician to board of health...... 315 duties at fires............. 251 PHYSICIAN, CITY. harbor police to report arrival of certain shall be elected by city council.... 340 vessels............. 343 shall examine into nuisances..... 341 aldermen authorized to make regulashall vaccinate inhabitants...... 342 tions concerning police..... 530 shall keep supply of vaccine virus.. 342 POLLS. shall examine cases of disease..... 342 time of opening and closing..... 164-176 shall attend at jail........... 343 POLL TAXES. shall keep a record of cases of small- persons subject to...........653 pox........... 343 persons exempt from......... 655 INDEX. 815 POLL TAXES, continued. PRISONS. where assessed........... 655 (See House of Corerection and Jails.) 376 (See Taxes) PRIVIES. POOR. owners, etc., of dwelling houses shall authority to appropriate money for sup- furnish............ 345 port of............. 674 how constructed........ 346 (See Overseers of Poor)....... 475 proceedings when not properly construc(and Paupers)......... 488 ted.............. 347 PORCHES offensive to be repaired....... 347 projection into streets......... 613 regulations as to cleansing.... 348-349 regulations respecting......... 631 not to be located under sidewalks... 644 PORT3ERS. construction of in tenement houses, etc. 694 aldermen may appoint, and regulate PROBATE. wages of.......... 531-532 appointment of judge,......... 141 shall wear badges.......... 532 register of............ 143 PORTICOES. PROJECTIONS IN STREETS. projection into streets........ 613 statute provisions relating to.... 613-614 regulations respecting......... 631 ordinances relating to... 628-629-630-631 PORT PHYSICIAN. PROPERTY. election of and duties.......344-345 subject to taxation.......... 653 POSTS. exempt from taxation......... 654 not to be erected in streets, except, etc.. 612 (See T'axes.) POULTRY. PROPOSALS. sold in Faneuil Hall market shall be for work on city buildings to be sealed 86 properly dressed......... 193 PROVISIONS. POUNDS. penalty for selling corrupt or unwholeshall be provided by cities, etc..... 209 some............. 330 penalty for injuring.......... 209 PRUSSIC ACID. keepers of to be appointed....... 209 penalty for selling without written prebeasts going at large shall be impounded 209 scription............ 331 fees of pound keepers......... 209 PUBLIC BUILDINGS........ 79 beasts impounded not to be delivered (See Buildings.) until costs are paid....... 210 PUBLIC GARDEN.......... 130 notice to be given to owner of beasts (See Garden.) impounded.......... 210 PUBLIC INSTITUTIONS..... 375 penalty for rescuing beasts distrained or (See House of Correction, Jails, etc.) impounded........... 211 PUBLIC LANDS........... 424 POWDER. 258 (See Lands.) (See Gzunpowder.) PUBLIC LIBRARY........ 430 PRESIDENT (U. S.) (See Librar}y.) election ofelectors........... 28 PUBLIC SHOOLS. 546 PRIINTING. JPl:RINTING. (See Schools.) the appointment of a joint committee PUBLIC SHOWS. on............... 532 committee to make contracts, etc..... 533ha e licensed mayor to approve contracts...... 533ee Amsements and Theates.) PRINTING OFFICES. PUBLISHING. water rates for........... 741 fraudulent notices of births, marriages PRISONERS. and deaths........... 536 removal of prisoners attacked with PULLEN POINT. disease........... 319 incorporated as town of Chelsea.... 119 removal on account of sickness not an PUMPS. escape............. 319 public wells to be provided with... 754 (See House of Co2rrection and Jails.) 376 penalty for injuring.......... 756 816 INDEX. Q. QUAIL. QUARANTINE, continued. not to be killed at certain times... 184 penalty if owner or master of vessel makes false declaration... 321 QUALIFICATIONS OF VOTERS. 161 extent of regulations1. extent of regulations......... 321 (See Voters.) vessels suspected of infection..... 321 QUIARANTINE. expenses, how paid...... 322 city may establish ground....... 18, 320 designation of grounds........ 344 board of health may establish quaran- hospital and physician at Deer Island. 344 tine of vessels........ 321 fees to be paid to port physician.... 356 RACE. REGISTRAR, CITY, contienuled. persons not to be excluded from public duties of............ 537 schools on account of...... 556 shall report to city council...... 537 RAFTS. assistant registrar........... 537 not to be moored to wharves, bridges, compensation.............. 537 etc............... 295 office hours of............ 469 RAILERS. city registrar shall be secretary of truscommitment of...........380-381 tees of Mount Hope Cemetery.. 460 RAIN-WATER. shall pay over money received to treasfrom roofs, tobe carried into sewers.. 575 urer.............. 219 RAMS. shall make statement of money received 219 not to go at large between July and De. shall have charge of interment of the cember............. 211 dead........... 336 RAYNSFORD ISLAND....... 269 shall have care, etc., of burying grounds 336 (See Note.) shall give license for burials...... 337 READING. may give permission for digging graves to be taught in public schools..... 546 in city........... 338 REAL ESTATE. shall record births, marriages and deaths subject to taxation........... 653 533-534-537 exempt from taxation......... 654 notices of births and deaths...... 534 (See Taxes.) fees for recording, etc......... 535 RECEIPTS AND EXPENSES. REGISTRAR, WATER. 438, 144, 212 election of.............. 731 (See Finance.) to assess water rates......... 732 RECORDS, CITY. to make annual report........ 732 city clerk to have custody of..... 125 to keep a set of books......... 833 REDUCTION OF CITY DEBT... 212 EPESETA ES TO REPRESENTATIVES TO CON(See Finance.) GRSS RE'FECTORIES. election of.............. 26 water rates for............ 741 REGISTER OF DEEDSa. qualifications of voters for....... 162 congressional districts........ 173 city council may choose when the city forms one county........ 18 REPRESENTATIVES TO GENERAL election of.............. 143 COURT. REGISTER OF PROBATE. election of.................. 26 election of............... 143 provisions of the constitution relating to REGISTRAR, CITY. the appointment of....... 170 may be chosen by cities, etc..... 536 appointment of in Suffolk county... 171 election of by city council...... 536 representative districts..171 shall give bond........... 55 districts in Roxbury and Dorchester. 172 INDEX. 817 REPRESENTATIVES TO CON- RIOTS, continued. GRESS, continued. penalties for disobedience...... 451 citizens of Hyde Park to vote in Dor- troops to appear armed........ 452 chester............. 172 ROCKETS. REPORTS. not to be kept or sold without license. 228 certain annual reports of city to be sent ROCKS. to state library......... 538 near highways not to be blasted without penalty for neglect.......... 538 license............. 40 REQUISITIONS. ROGUES. commitment of. 380-381 for calling out troops in case of riots. 451 commitm RESERVOI RS. penalty for corrupting waters of... 331 oftenement houses, how constructed. 694 authority to build and maintain... 716-725 rai water from..575 penalty for opening.......... 734 ROX URY. annexation of to Boston........ 542 penazltyfor llj~urlng..........735 pRESTAlty foRANTSjurg.transfer of property, etc........ 543 ~LESTATiRAN~TSil.~ division of wards........... 543 water rates for.............741 city council authorized to lay out highREVISSD ORDINANCES. ways in............. 543 adoption of...............763 lines between West Roxbury and... 61 REWARDS. lines between Brookline and..... 60 aldermen may offer $500....... 539 wooden buildings in............ 83 payment of............. 539 rates of fare in hackney carriages becity council may raise money for detec- tween city proper and... 103-104 tion of criminals........ 539 to constitute third and fourth represenRIOTS. tative districts of Norfolk county 172 unlawful assemblies, how suppressed. 539 city of authorized to contract for supply who shall be deemed rioters...... 540 of water........... 727 penalty on mayor, etc., for neglect of ROXBURY CREEK. duty.............. 540 city authorized to construct a bridge officers may quell by force...... 540 over.............. 616 armed force, who to obey....... 540 ROXBURY LATIN SCHOOL. death of rioters or officers....... 541 Boston may appropriate money for. 547 demolition of dwelling houses, how pun- RUMNEY MARSH. ished.............. 541 incorporated as town of Chelsea.... 119 cities to pay portion of damages caused IRUNAWAYS. by.............. 541 commitment of.......... 380-381 may recover from offenders...... 541 RYE. troops, how ordered out in case of... 451 how sold............... 442 form of requisition.......... 451 fees of measurers........... 443 S. SAFETY PLUGS. SAND................. 45 to be used in steam boilers..... 592 (See Ballast.) SAILORS. SAVINGS BANKS. disabled, to have license to peddle with- tax on deposits............ 672 out fee.......... 306 SCALES. descriptive lists of to be made and kept provisions relating to proving and sealby city clerk.......... 357 ing............ 746-754 settlements, how acquired by... 507-508 (See Weights and Measures.) assessment of poll tax on....... 656 SCHOOLS. SALOONS. school committee to have care and manwater rates for............ 741 agement of.......... 24-546 SALT. shall be kept at least six months in a provisions relating to measuring. 749-750 year............. 546 69 818 INDEX. SCHOOLS, continued. SCHOOL COMMITTEE, continued. branches taught........... 546 powers and duties of........ 24-561 high schools, studies, etc....... 546 vacancies in, how filled........ 12 schools for persons over twelve years of to judge of election of its own members 11 age............... 546 shall have superintendence of schools. 546 school committee shall superintend. 24-546 vacancies in, how filled....... 547-548 female assistant teachers...... 547 appointment of secretary....... 548 duty of ministers, etc.......... 547 may dismiss teachers......... 548 money for support of schools.... 547 examinations of schools by......548-549 Roxbury Latin School........ 547 to direct what books shall be used... 549 teachers, when and how paid..... 548 superintendent shall be under direction dismissal of teachers.......... 548 and control of committee.... 550 examinations by committee.... 548-549 committee shall have charge of school Bible to be read in schools...... 549 houses............. 551 change of school books....... 549 duties of in relation to registers and retext-books, how furnished....... 549 turns........552-554 parents, etc., of scholars supplied to be shall inquire into neglect of parents, etc. 555 taxed.............. 550 shall pass upon admissions to high if parents are unable to pay, tax may be schools............. 555 omitted.......... 550 shall pay for children attending in other superintendent of schools, appointment towns............ 555 and duties of..........550-562 shall state grounds for excluding pupils 556 statutes relating to school-houses.. 550-551 shall apply income of school fund... 560 concerning registers and returns 552-553-554 shall elect and remove instructors... 561 children to be sent to school by parents, shall present to auditor estimate of exetct...1... 554 penses............. 562 truant officers, etc., to inquire and report 555shall apportion salaries of instructors 562 shall apportion salaries of instructors. 562 children to attend where they reside.. 555 shall be judges of the wants of public admission to high school....... 555... children may attend in adjoining town, etc................ 555 SCHOOL FUND. minors under guardianship...... 555 provisions respecting the apportionment children to be vaccinated....... 555 of.............. 569-560 color, etc., not to exclude....... 556 SCHOOL HOUSES. teachers, etc., to state grounds of exclu-shallbe provided andmaintained... 550 sioal..o..^ e....u...s.i. o556 land may be taken for...... 550-551 damages for exclusion...... 5owner of land may have jury..... 551 conveyance of pupils to and from school 556 s c f.. school committee to have charge of.. 551 children not to be employed in factories, committee on public buildings to have etc., unless they attend school.. 556ce nd cus o. care and custody of....... 85 concerning habitual truants....557-563 concerning habitual truantssuperintendent public buildings to act appointment of truant officers... 557-558 under direction of committee in habitual truants may be committed areof88 a e of g 557-558-563 penalty for wilfully injuring...... 81 care and education of neglected children 553 SCHOOL REGISTERS AND REdisposition of school funds..... 559-560 T 552 TUllkNS.............. 552 arms may be issued for English high (See and Latin schools........ 561ee ools.) instructors of schools, how elected, etc. 561 SCHOOL TEACHERS. estimate of expenses of schools.... 562 qualifications of............ 546 salaries of instructors......... 562 female assistants......... 547 moneys received for dog licenses to be shall receive certificates........ 548 applied to support of schools in when and how paid........ 548 Suffolk.............. 154 dismissal of.............. 548 authority to appropriate money for. 674 registers to be kept by........ 554 SCHOOL COMMITTEE. shall state grounds for excluding pupils 556 to consist of mayor, president of com- election of teachers.......... 561 mon council, and six from each salaries................ 562 ward........... 23-24-561 SEAL OF THE CITY....... 32 members, how chosen.........24-561 SECOND ASSISTANT ASSESSorganization of...........24-561 OHS OF TAXES......688-690 INDEX. 819 S ECOND-H AND ARTICLES. SEWERS AND DRAINS, continued. cities may regulate the purchase and expenses of removing obtractions, how sale of............ 564 assessed............ 570 dealers shall be licensed........ 565 proceedings in case of refusal to pay shall keep records.......... 565 assessment.......... 570 notto purchase of minors....... 565 notice to be given before opening drain 570 shall keep all articles, except, etc., one drainage of Fort Hill........ 570-571 week.............. 565-567 extension of sewers below Atlantic aveshall have a sign........... 566 nue........ *. 571 articles may be examined....... 566 election of superintendent of sesvers. 572 time for keeping shop open...... 566 duties of superintendent..... 572-573 place of business.......... 566 shall give bond........... 56 penalties.............. 566 aldermen to make assessments.. 578-574 SECRETARY OF COMISiL N- manner of collecting assessments... 574 WEALTH. aldermen may compel owners, etc., to returns of elections for national and make drains........ 574-575 state officers shall be sent to... 27 rain water to be carried into sewers..575 SECRETARY OF SCHOOL CO L- penalty for entering sewer without perMI TESE. mit............ 575 appointment of and duties... 548-562 drains, how built......... 575-576 (See Schools.) conditions of license to enter sewers 575-577 SECRETARY TO BOARD OF penalty for constructing drains without ENGINEERS FIRE DEPART- permission......... 577-578 EN............... 232 permission not to exempt from assess(See Fire Departnent.) ment............. 578 SECRETARY TO OVERSE RS drains to be cleansed, etc........ 578 OF POOR............. 480 penalty for not cleansing....... 578 (See Overseers of Poor.) obstructions, how removed, etc..... 579 SENATORS. owners, etc., to provide cesspools, etc.. 579 election of............ 26 vaults to be connected with sewers. 346 apportionment of in Suffolk County.. 173 lights to be put up, etc., when streets senatorial districts.......... 173 are opened.......... 625 SEPUL VUIR E. safe passage to be provided around openpenalty for violation of........ 327 ings in streets......... 635 SERGEANTS, POLICE............. 526 connection of tenement houses With (See Police.) sewers............. 695 SERVANTS.SHADE. minors, howv bound as....... 501-504permission to be obtained for affixing to (See Intelligence Offices.)buildings............ 629 buildings............ 629 SEXTONS. to make returns to city registrar... 534 SHADE-FRAMES. (o S a ee Uundsertocelcersta.)...54permission to be obtained for affixing to buildings............ 629 SEWERS AND DRAINS. uildings 629 authority to make and maintain com-SHADE-TREES. mon sewers and drains..... 568not to be removed without license... 700 mon sewers and drains..... 568 land may be taken............. 56 SHEEP. assessment of damages........ 6going at large without a keeper may be persons benefited to be assessed.. 568-569 impoanded........... 209 such assessment to constitute a lien.. 569 shall not be kept in tenementhouses.. 697 persons aggrieved to have a jury... 569 SHELL-FISH. part of expense of constructing sewers to sale of regulated........... 354 be borne by city........... 569 SHE:ERBURN ISE. streets not to be dug up without permis- inhabitants may use Cochituate water. 722 sion............... 569 SHERIF. manner of constructing drains, etc... 569 election of, etc............. 142 persons entering drains built by others to have charge of jail......... 583 to be assessed.......... 569 (See Jail.) 820 INDEX. SHIPS. SLEIGHS. (See " Vessels" and "Harbor.") bells to be used with.......96-112 SHIRLEY GUT. (See Carriages.) city authorized to lay water-pipes across 728 SMALL POX. SHOOTING. board of health to provide hospital for with bow and arrow forbidden in streets 627 and remove persons sick with.. 322 SHOPS. householders and physicians shall give water rates for........... 740 notice of persons taken sick with 323 SHOW-BILLS. certain provisions of General Statutes regulations respecting the display of in not to apply to......... 323 streets.......... 630-631 city physician to keep record of cases. 343 SHOW-3BOARDS. port physician to keep record of cases. 345 regulations respecting the display of in building for patients in city to be under streets.......... 630-631 charge of trustees of city hospital 361 SHOWS. persons infected with not to be sent to state almshouse......... 493 (See Amnusements and Theatres.)state almsouse......... 493 SHRTUBS.(See -lnfectious Diseases.) SHRUBS. S MOKING. penalty for injuring......... 129.... 129G. SICK~NESSoinuig..........1 penalty for smoking pipes, cigars, etc., ~~~~SICKNESS.;~ Kin streets, stables, etc..... 227 (See Insfectious Diseases, etc.) in Faneuil ilall Market forbidden... 193 SIDEWALKS. SNOW provisions respecting the paving.. 611-612removal from roofs of bildin... 8 removal firom roofs of buildings. 84 regulations respecting width and height to be removed from sidealks..... 639 611-636-637 if thrown into the street to be broken up 640 regulations in relation to projection of SOAPSTONE. goods, signs, etc., over 628, 629, 630, 631 regulations respecting survey of..439-440 regulation of gratings in......632-634 appointment of surveyors...... 440 regulation of cellar doors....... 632 duties and fees............ 440 regulations in relation to coal-holes, etc.SOLDIERS. 632-642-644 disabled to have license to peddle withsigns not to be inserted in without per- out fee............. 3 6 mission............. 635 descriptive lists of to be made and kept defects in, how repaired........ 637 by city clerk.......... 357 record of sidewalks accepted to be kept 637 settlements, how acquired by.. 507-508 carriages forbidden on........ 637 assessment of poll tax on....... 656 sawing firewood on forbidden..... 638 SOLICITOR, CITY. obstruction of by persons standing on shall have powers of district attorney forbidden............ 638 in certain cases.......472-580 obstruction of by lumber, etc., forbidden election of and duties...580-581-582 638-639 committee on claims to consult.... 126 snow to be removed from.....639-640 appointment of assistants...... 581 ice to be removed, or covered with sand, duties of assistants........ 582-583 etc................ 640 office, books and records of... 583 streets to include sidewalks, unless, etc. 641 semi-annual reports to be made.... 584 penalties for violation of regulations.. 641 solicitor's clerk........... 584 boilers, privies, etc., not to be located compensation............. 585 under.............. 644 SOUTH BAY. excavations under........... 644 city authorized to build a pile bridge prosecutions for disturbing sidewalks across............75-620 without permit......... 645 portion to be solid.......... 620 SIGNS. railroad for construction of..... 620 penalty for defacing.......... 93 city authorized to convey water across 728 projection into streets........ 613 SOUTH BOSTON. regulations respecting....... 630-631 annexation of........... 586-87 not to be inserted in sidewalks without lands in, set apart for public use... 586 permission........... 635 special authority to lay out streets in 587-588 SLEDS.............. 96 wooden buildings may be erected in un(See Carriages.) - er certain conditions..... 83-93 INDEX. 821 SOUTH BOSTON, continued. STEAM ENGINES, contienued. rates of fare in hackney carriages be- aldermen may prohibit use of.... 591 tween city proper and.... 103-106 when may be removed.......591-592 improvement of flats on northerly shore safety plugs to be used....... 592 of................ 298 not to be used near dwelling houses SPRINGS. without license......... 592 penalty for adulterating water of... 331 erected without license to be deemed a SPRINKLING STREETS. common nuisance.... 592 license to be obtained for....... 636 water rates for............ 741 SPIRITUOUS LIQUORS.....35-43 STEAM PIPES. (See Iutoxicatinig Liquors.) not to be located under sidewalks... 644 SQUARES. STEAM SHAFTS. aldermen to have care and custody of. 130 not to be located under sidewalks.. 644 regulations in regard to........ 130 STEEIYARDS. (See Conmmoluz.) to be sealed........... 749 STABLES. STABLES. (See WFeights azclnd ieasurses.) not to be erected near churches...(S. Tei8ght ST in maritime towns to be licensed.... 81 STEPS. lprojection into streets........ 612 penalty for unauthorized erection or use recglation respecting..... 631 not to be built in Boston without consent STEWA DS POLICE STA of aldermen...........82 TIONS. supreme judicial court may prevent by injunction............ 82 STONES. superintendent of health to have chargen to be thrown into harbor... 29'-293 of city stables.......... 335 penalty for carrying away from beaches, carriages and horses not to be washed etc.294 in streets......... 5 (e 355llt.)..... 45 manure shall not remain uncovered in. 3515 STORES. keepers of livery stables shall not givewater rates for.... 740 credit to students........ 437 STOVE-PIPE. use of water in............ 737 penalty for burning out when foul... 123 water rates for............ 740 STRAW. STAGE-COACH............ 97 provisions relating to weighing and in(See Carriages.) specting.......... 307-310 STANDARDS OF WEIGHER AND aldermen to designate stands for sale of 308 MEASURER......... 747 STREETS. (See TWeights and illeasures.) STATUTES. STANDS IN STREETS. authority of the aldermen to lay out, for sale of articles, etc......... 631 widen or discontinue STATE POLI E. 597-598-599-600-605 powers and duties of....... 525-526 compensation for land taken, etc. 597-598 STATI3'N HOUSES (OP POLICE). record of streets, etc., to be kept..... 599 to be kept open........... 529 award of damages for laying out, etc., STATUES. streets............ 599 penalty for injuring........ 129 applications, how made....... 599 STAVES. persons aggrieved may apply for a jury 599 cutlers of to be appointed........ 588 special provisions relating to Boston. 600 quality and size of.......... 588 estimate of expense, etc., to be sent fees for culling.............. 589 to common council...... 600 STEAMBOATS. estimate of damages........600-601 ashes not to be thrown from into harbor 294 trustees to be appointed in certain cases 601 water rates for............ 741 proceedings before a jury..... 601-602 STEAM ENGINES. ways and bridges to be kept in repair 602-603 not to be used in certain cases without authority to appropriate money for.. 674 license........... 589-590 damages to abutters by repairs or change applications for license........ 590 of grade............. 603 aldermen may regulate........ 590 damages for defects........ 603-604 appeals from adjudgment of aldermen gravel and clay pits may be taken for 590-591 repairing streets....... 604-605 69* 822 INDEX. STREE rS, co0tilnued. STREETS, continued. aldermen may assess a portion of ex- not to be laid out through cemeteries, pense of laying out, etc., streets, etc., without special law.... 329 etc., upon abutters...... 605 persons not to blast rocks, etc., near estimate of expense, how made, where without license......... 40 benefits are to be assessed..... 605 certain oils not to remain in more than damages, how paid.......... 605 twenty-four hours......514-515 removal of buildings, etc...... 606-608 telegraph posts, etc., in........ 693 assessments for betterment to constitute concerning removal of trees in.... 700 a lien.............. 606 use of water upon unaccepted streets. 744 persons aggrieved to have a remedy.. 606 ORDINANCE. estates may be surrendered...... 606 superintendent of streets to be chosen estates on any street receiving advantage and give bonds.......621-56 may be assessed........ 607 may appoint assistants........ 622 betterments to be assessed within two powers and duties of superintendent years............ 607 622-623-624 interest upon assessments....... 607 teams for superintendent of streets to widening of streets on application of be furnished by superintendent of Marginal Freight Railroad Corn- health.............. 335 pany.............. 608 streets not to be dug up without license, laying out, etc., to be void, unless pos- etc.............. 569-624 session is taken within two years 608 lights to be put up........... 625 termini of angles and ways to be marked 608 persons building to obtain permits for location of streets to be defined, etc.. 609 use of streets.......625-626-635 ways not chargeable unless laid out, etc. 609 coal and firewood in streets....626-627 private ways may be closed up.... 609 playing ball, etc., in.......... 627 abutters on private ways to grade and shooting, etc., in........... 627 construct sidewalks.... 609-610 coasting upon............. 627 lands abutting on streets to be fenced, bathing in waters in vicinity of.... 628 etc............... 610 offal, dirt, etc., not to be thrown into city may take land to protect public without license......... 351 ways.............. 610 removal of dirt from......... 623 streets not to be less than thirty feet obstruction of by moving buildings. 628 wide, except, etc......... 611 suspending goods so as to project into. 628 provisions relating to sidewalks and pro- regulations respecting awnings, etc... 629 jections.........611-612-613 regulations respecting signs..... 630-631 placing goods in streets........ 613 ringing bells, etc., in......... 631 raising goods into buildings...... 614 grinding cutlery in.......... 631 paving, etc., of streets......... 614 projecting porches, etc.........631 aldermen may name private ways.. 614 construction of gratings........ 632 gas companies may open streets... 615 cellar doors and steps....... 632-633 (See Note.) excavations in............. 633 authority to lay out streets in continua- coverings of coal holes, etc...... 634 tion of Broad and Commercial feeding horses, etc., in....... 635 streets............. 615 fast driving.............. 635 Harrison avenue (Front street)... 15 horses, etc., not to go at large in.... 636 Clinton street........... 616 persons playing upon hand-organs, etc., Charles street............. 616 in streets............ 465 Albany street............. 617 no license to be granted for keeping cerstreets on Back Bay........ 617-618 tain oils in........... 515 Berkeley street............ 618 license for watering.......... 636 Atlantic avenue..........618-619 record of names of streets to be kept.. 637 Eastern avenue........... 619 regulations respecting sidewalks.. 636-640 Oliver street............. 619 word "street" defined........ 641 grade of Fort Hill........... 619 penalties for violation of ordinance.. 641 street and bridge across South Bay.. 620 regulations of the aldermen in relation special authority to lay out streets in to coalholes, etc.......642-645 South Boston........ 587-588 STREET STANDS. special authority to lay out streets in regulations respecting, in vicinity of Fanoxbury........... 543-620 euil Hall Market........ 195 INDEX. 823 STRE ET S PANDS, continued. SUPERINTENDENT 3. for sale of articles, etc......... 631 of bridges............... 76 STRYCHNINE. of public buildings........ 55-87-88 penalty for selling without written pre- of hacks............. 97-98 scription............331 of wagons.............. 108 STUDENTS. of Faneuil Hall Market.......55-185 innholders, etc., shall not give credit to 437 of'fire alarms...... 252 SUFFOLK STREET DISTRICT.. 325 of hay seales............. 309 (Nvote.) of health.............. 55-333 SUITS. of city hospital............ 360 by and against the city........ 33 of lunatic hospital.......... 402 powers and duties of city solicitor. 580-581 of lamps..... 56-422 S URVEYORS. of lands.............. 55-424 of marble and soapstone to be appointed 440 of library............... 433 SURVEYOR, CITY. of schools............. 550-562 election of by city council...... 646 of sewers............56-571-572 shall make surveys and plans..... 67 of streets........ 56-621-623 shall keep records of streets, etc.... 647 SUPERIOR COURT'. shall keep books showing assessments, jurisdiction, justices and clerks of.. 146 etc., under betterment law... 648 SWEEPERS. annual report of........... 648 of chimneys to be licensed....... 121 joint committee on department of... 646 SWINE. SURVEYORS OF HIGHRWAYS. going at large without a keeper may be board of aldermen shall be...... 19 impounded........... 209 duties of in Boston........... 614 not to be kept without license.... 355 (See Aldermeen and Streets.) shall not be kept in tenement houses. 697 T. TAXES (Assessment). TAXES (Assessment), continued. city council authorized to assess and assessment of personal estate..... 658 collect............. 17 assessment of ministerial funds.... 659 collectors to keep lists of persons who personal property mortgaged..... 659 have paid............ 162 partners in business.......... 659 how persons may be assessed on or be- ships owned by copartnership..... 659 fore the fifteenth of September. 162 warrants for state tax......... 659 soldiers and sailors, how assessed... 162 rules for assessments of taxes by assessors Thompson's Island to be exempt from as 659-660 long as used for farm school... 269 cities, etc., liable for state tax.... 660 persons subject to poll-tax..... 653 keepers of taverns, etc., to furnish names property subject to taxation..... 653 of persons............ 660 real estate.............. 653 lists of polls and estates to be brought in 660 personal estate............ 653 to be verified by oath......... 660 persons and property exempt assessors to make fair cash valuation. 660 654-655, 269, 724 to receive lists as true, unless, etc.... 660 poll-tax, where assessed........ 655 penalty for making false returns.... 661 place of residence defined....... 655 penalty for agreeing to a limited assesssupplementary taxation of polls.... 656 melt......... i..... 661 assessment of soldiers and sailors... 656 assessors to make an estimate of propchange of domicile.......... 656 erty not returned........ 661 notice to other cities and towns.. 656-657 no tax to be abated, unless, etc... 661-664 penalty for concealing residence.... 657 state, county and town taxes..... 262 assessment of real estate........ 657 proportions on polls and property... 662 tenants and landlords......... 657 copy of valuations to be kept for public concerning real estate of persons de- inspection............ 662 ceased............. 657 what shall be contained in valuation.. 662 824 INDEX. TAXES (Assessment), continued. TAXES (Collection), continued. form of tax-lists for collectors..... 663 fees of collectors.......... 685-686 valuation list to be sworn to...... 663 recovery of taxes paid......... 683 list to be sent to collectors....... 663 distribution of insolvent estates.... 686 discounts on assessments....... 663 ordinance in relation to collection of abatements......... 661-664-675 taxes............ 692 assessors to be responsible only for TAR. fidelity............. 664 kettles for boiling, how constructed..227 pay of assessors............ 665 TAVERNS. re-assessment of taxes........ 665 water rates for........... 739 illegal assessments........ 665 (See License Houses.)... 436 estates omitted............ 665 TAVERN KEEPERS........ 436 blank books to be sent to assessors by (See Innholders.) secretary of state....... 667 TEACHER, SCHOOL..... 546 to 562 what shall be entered in books. 666-667-668 TELEGRAPHIC FIRE ALARMS. 251 in case of diminution of valuation, cause (See Fire Alarms.) to be stated........... 668 TELEGRAPH LINES. tax on bank shares....... 669-670-671 cities, etc., may construct...... 693 returns and taxes on corporations having may authorize the construction of private a capital stock..... 671-672-673 lines.............. 693 interest on taxes........... 673 posts, etc., to be city property... 693 powers of city council in assessment and penalty for injuring.......... 693 collection.........673-674 TEMPORARY HOMIE. appropriation of money for certain pur- overseers of poor, to have charge of.. 484 poses.............. 674 TENANTS. election of assessors by the city council penalty for permitting unlicensed sales 687-688-689 at auction in store or house... 39 organization of the board of assessors shall remove snow and ice from side689-690 walks, &c.......... 639-640 duties of assessors........ 690-691 maybe removed from tenement houses in tax-bills to be made on or before Octo- case of disease...... 317-350-698 her............... 692 TENEMENT HOUSES. TAXES (Collection). mode of construction....... 694 officers receiving warrant to collect.. 675 ventilation........ 694-698 manner of collecting......... 675 to have fire escapes....... 694 errors in names............ 675 condition of roofs....... 694 distress and sale.......... 675-676 water closets, etc..........347-694 sales of shares seized......... 676 construction of cellars.......695-696 commitment for non-payment of tax 676-685 not to be used for dwellings, unless, collectors, when liable......... 677 etc.............. 696-697 penalty for impeding collector..... 677 offal, etc............... 697 removal of persons without paying — animals not to be kept......... 697 remedy............. 677 owner's, etc., name to be posted.... 687 remedy against executors, etc..... 677 infectious diseases......... 697-698 remedy against persons occupying but tenants may be removed.... 317-350-698 not owning.......... 677 construction of windows...... 699 taxes to constitute a lien on real estate. 678 construction of chimneys, halls, etc.. 699 mortgagees of real estate....... 678 tenement house defined....... 699 sales of real estate for non-payment of lodging house defined......... 700 tax... 678-679-680-683, 684, 685, 692 cellar defined............. 700 mortgagees liable for taxes on taking board of health to make other rules.. 700 possession.......... 681 water rates for......... 738 collections by sheriffs......... 681 TEXT BOOKS. collections by treasurers........ 682 for schools............. 549 collector to exhibit accounts...... 682 THEATRES. collectors to be credited with abatements 682 to be licensed by mayor and aldermen 34 deficiency in state and county tax... 682 penalty for not obtaining license.... 35 if collector becomes insane...... 682 penalty for selling intoxicating liquors death of collector........... 683 at................. 35 compensation of collectors....... 683 persons not to be excl ded from.... 37 INDEX. 825 THEATRES, continued. TREASURER, CITY, continued. no seats to be placed in passageways. 37 shall be collector of taxes....... 686 police officers or constables to be em- may collect outstanding taxes..... 686 ployed in........... 37 may authorize deputies to collect taxes 686 aldermen may enter.......... 37 power of distraining, how exercised 686-687 license may be revoked........ 37 provisions of ordinance in relation to THIEVES. collection of taxes........ 692 arrest and sentence of....... 381 (See Taxes, Collection.) THOMPSON'S ISLAND. TREASURY. annexation of to Boston........ 269 money, how drawn fronm....... 214 TOMBS. appointmentofjoint committee on... 220 statute provisions respecting.... 328 (See Finance and Treasurer.) (See Cemeteries.) TREES. TRADES. penalty for injuring ornamental or shade 129 exercise of offensive trades..... 323 owners of beasts liable for injury to. 129 TRAVELLERS. may be set out at public expense.... 129 with carriages meeting to turn to right. 96 on common, or within streets not to be TREASURER, CITY. climbed............ 131 shall be elected by city council in con- not to be planted in streets without pervention........... 19 mission........... 612 shall also be county treasurer... 19, 143 in streets not to be removed without peroffice hours of............. 468 mits............ 700 shall give bond......... 53 acceptance of act (Note)...... 701 shall have custody of auditor's bond. 57 TRUCKS.............. 97-107 shall sign certificates of debt...... 220 (See Carriages.) shall pay drafts, etc......... 215 TRUSTEES OF BOYLSTON FUND. shall not pay bills where city officers are (See Overseers of Poor.) 476-477 interested in contracts, etc.. 137 TRUSTEES OF CITY HOSPITAL. when' to make up accounts...... 216 election of, and duties....... 359-363 disposal of money received for dog li- TRUSTEES OF MOUNT HOPE censes.............. 134 CE!METERY. shall be one of trustees of sinking fund election ofand duties....... 455-464 for the purchase of E. B. Ferry TRUSTEES OF PUBLIC LIBRARY. scrip........... 204 election of and duties....... 431-435 shall also be one of trustees of water TRUANTS. fund............. 720 officers and school committee to inquire shall collect bills deposited by superin- and report concerning...... 555 tendent public buildings.....90 eity to make by-laws concerning habitual 557 shall collect bills for health department 339 violations, how prosecuted.... 557-558 shall collect bills for sewer department 574 shall be fined............. 563 shall collect bills for street department 623 shall be sent to house of reformation. 563 U. UNDERTAKERS. UNITED STATES. to be appointed by mayor and aldermen 337 to have concurrent jurisdiction over certain duties of............ 337-338 places........... 268 compensation of......... 339-538 VACCINATION. inmates of manufactories, almshouses, parents, etc., shall cause children to be etc., shall be vaccinated.....320 vaccinated............ 320 city physician to vaccinate inhabaldermen shall enforce vaccination. 320 itants....... 342 city to provide means.. 320 shall keep a supply of vaccine virus.. 342 826 INDEX. VAGABON DS. VICTUALLERS, continued. commitment of........ 380-381 penalty for keeping implements for VAGRANTS gaming.............. 41-42 enumeration of persons who shall be VITRIOL. deemedn o. 3........ 8 0..380 penalty for throwing against any buildcommitment of.......... 380-381 ing, etc.,............ 81 VASES. VOLUN TEERS............. 445 penalty for injuring.......... 129 VOLU TEERS445 ~~~~~~~~~~~~VAULTS. {~( See Militia.) VAULT S. how to be built........ 345-346 VOTERS. may be connected with common sewers 346 qualifications of in national, state and expenseof cleaning (note)....... 349 city elections....... 25-161-162 regulations in relation to construction of persons may be assessed on or before under sidewalks...... 642-644 15th Sept............ 162 construction of when occupied as a constructionof when occupied as asoldiers and sailors may be assessed and dwelling.......... 695-696 vote on payment of tax..... 162 not to be occupied as dwelling without license............. 696 list of voters to be made and posted up 25-163 VEGETABLES.21.sale of, regulated-............ 34 aldermen to receive evidence of quailsale of, regulated........... 354 ficationsbefore elections.... 163 damaged not to be brought into city,fications before elections.. 163 without permit......... 356 correction of lists by aldermen.... 163 VEHICL-ES,. naturalization papers to be produced. 163 (See Crricages.)...... 96 names not to be placed on lists after (See Carriages,)....... 96 polls are opened........ 163 V o jENIRES.............4718 penalty for giving false answers to alfor jurors............. 417-418 dem........... 164 (See Jurors.) aldermen when not answerable for VENTILATION. omission of names....... 164 provisions relating to tenement houses, penalty for voting if not qualified... 167 cellars, etc........... 694-696 penalty for giving more than one ballot 167 VESSELS. penalty for attempting to influence shallanchor within certain limits... 291 voters.......167 trim at wharves............ 292 penalty for aiding unqualified persons to yards to be cock billed... 292-293vote 167 regulation of warps and lines... 292 vots may be challenged...... 169 shall keep an anchor watch and light. 293 persons not legal voters, etc., not to vote not to moor to buoys, etc........95at ward meetings. 710 establishment of quarantine for.... 321 lists ofto be placed in ward rooms.11-712 penalty if owner or master make falseSee Elections.) declaration...........321 VOTES. extent of quarantine regulations.... 321 how deposited............ 165 vessels suspected may be ordered to when to be rejected.......... 165 quarantine........... 321 persons having highest number to be dequarantine expenses, how paid.... 322 clared elected.......... 165 having hides, fruit, etc., on board, to be ward officers to count......... 165 reported to city physician.... 343 returns of.............165-166 master or consignee to give notice... 343 penalty for casting more than one VICE PRESIDENT (U.S.). vote............167 election of electors.......... 28 ballots to be sealed up.........168 VICTUALLERS. to be sent to city clerk........ 168 maybe recounted........... 168 to be licensed............ 436..rights and privileg.e........ when vote is challenged it shall be inrights and privileges............ 436 punishment if fines are not paid... 437 dosed.....169 officers may enter buildings...... 437 (See Elections.) INDEX. 827 w. WAGONS............. 96-107 WARREN BRIDGE. (See Cacrrigces.) chartered, etc............ 71-72 WARDENS. (See Bridges.) election of.............. 4 WASHINGTON VILLAGE. powers and duties of......... 5-6 annexation of territory to Boston... 587 shall sign certificates of elections. 4 WA'TCH. (See Ward Officers.) union of police and........ 523 WARD CLERK. (See Police.) election of.............. WATER. duties of...............5-6 STATTES. shall sign certificates of election. 4 city authorized to obtain supply from shall make returns to city clerk. 27 Ln ponnd...... 715 (See WIrd Officers.) may take lands, etc........715-724 W(ARD MEETINGS.. may construct reservoirs, etc... 716-724 form ofmay distribute warrantter, etc... 716 regulations in regald to...709-712 appointment of commissioners on introWAeRD OFFICERSt. duction of water...... 716-717 election of........ city liable for all damages 717-718-719-724-726 shall be sworn............ 5ity council may issue water scrip 719-720-726 in case of non-election....... 5 city council to regulate the price of in case of absence........... 5water......... 720 vacancies, how filled......... 12 surplus income to be applied to payment change of residence.......... 12 of scip.. 720 duties of at all elections........ 6 if income insufficient to pay interest, powers and duties of warden..... 5 court to appoint commissioners. 721 duties of clerk............... 5 if income more than sufficient, price duties of wardens and inspectors... 6may be reduced....... 721 shall certify to elections...... 4-169 occupants and owners of buildings iashall furnish envelopes to voters.... 165 ble for water rent....... 722 votes shall be counted by ward officers 6-165 certain towns to have use of water.. 722 if returns are faulty, shall make new re-penalty for diverting or corrupting turns.............. 166 water.............. 722 shall seal up and transmit ballots to city city authorized to purchase property of clerk.............. 168 aqueduct company....... 722 certificates of election of ward officersconveyance of water to East Boston.. 723 to be sent to city clerk...... 169 pipes may be laid under bridges of Eastshall be retained by him for twenty days 170 ern railroad company...... 723 election of ward officers after division of city authorized to maintain pipes on wards............. 702 milldam, etc.......... 725 WARD-ROOMS. may enter upon and dig up lands... 725 regulations in regard to use of... 709-712 liable for defects in highways... 725-726 chief of police to be notified of meetings 711 construction of an additional reservoir list of voters to be placed in.... 711-712 authorized........... 725 applicants for to pay expense of lighting, pipes may be laid to reservoir in Brooketc............... 712 line............... 726 copy of ordinance to be placed in.. 712 Iloxbury authorized to contract with WARDS. Boston or Charlestown......727 city may be divided into......543-701 city authorized to convey water to Deer division and boundaries of wards from Island. 727 1 to 16........... 3-702-709 and across South Bay......... 728 WARES. ORDINANCE. not to be placed in streets, etc..... 613 election of water board...... 728-729 not to be raised from streets into buildings 614 powers and duties of board... 729-730-731 not to be suspended so as to project into election of water registrar....... 731 streets, etc............ 628 duties of registrar........... 731 828 INDEX. WATER, continued. WATER REGISTRAR, continued. water rent payable in advance. 722-732, 731 shall cut off supply of water in case of supply to be cut off in case of non-pay- non-payment......... 733-743 ment.............. 733 (See Water.) abatements may be made....... 733 WAYLAND. registrar to keep books........ 733 inhabitants may use Cochituate watei 722 members of the board notto be interested city to indemnify for injuries to highin contracts........... 734 ways, etc........... 724 penalty for opening hydrant, etc.... 734 WAYS................. 597 for opening any pipe or reservoir, etc.. 734 (See Streets.) for turning on or turning off the water, WIEGHER. etc........... 735 of boats and lighters......... 45-46 for injuring any reservoir, etc.... 73 of boilers and heavy machinery.... 751 water not to be sold to parties out of of coal............. 758-759 the city, unless, etc....... 735 of hay........307-309 regulations under which the water shall shallbe deemed public weighers. 49 be taken...........735-736 weighers of hay shall pay over money waste of water, penalty for. r.eceived tr7easurer...... 219 hose not to be used for washing horses, shall make a statement of money recarriages, etc..........737 ceived.............. 219 water rates for dwelling-houses... 738 for model houses........... 738 for model houses. 738 WEIGHTS AND MEASURES. for offices having water fixtures.. 739 appointment of sealers....... 746-751 for hotels, taverns, and boarding-houses 739 compensation...... 749-751-752 for stores, etc.......... 740 weights and measures to be sent to office for stables, etc... 740 of sealers...........746 for right to attach hose, etc...... 740 in case of neglect to send, sealers shall for confectioneries, eating-houses, mar- go to stores, etc... 746-750 ket and fish stalls, provision shops, penalty for altering weights, etc... 747-750 oyster saloons, etc........ 741 penalty for refusing to have measures for public baths........... 741 sealed.............. 750 for printing offices.......... 741 authorized standards......... 747 for steam-engines........... 741 state to furnish standards...... 747 for steamboats............. 741 safe keeping of standards..... 747-748 for building purposes........ 742 standards to be proved.. 748 private fountains.......... 742 each sealer shall have standards... 748 bakeries.............. 742 sealers shall be accountable for preservafor manufacturing, and large quantities tion of standards..748 of water............ 742 shall notify inhabitants........ 748 for purposes not specified....... 742 shall prove hay-scales....... 748 for estates valued together....... 742 may be removed............ 751 for railroad corporations, hotels, and shall keep books........... 752 manufacturing establishments.. 743 shall collect and pay over fees quarterly 753 for the fire department....... 743 shall not be agents for selling scales.. 753 for public fountains and other public transportation of standards.... 753 purposes........... 744 sealers may have assistants...... 754 no charge for pipe to be used only in vibrating steelyards........ 749 case of fire........... 744 "hundred weight " to be construed net pipes not to be laid in unaccepted streets, hundred............749 unless, etc........... 744 rules for weighing........... 749 WATER CLOSETS. rules for measuring salt or grain...750 not to be located under sidewalks... 644 milk cans to contain even quarts.... 751 construction of in tenement houses.. 694 aldermen may appoint weighers of water rates for.......... 738-739 boilers..... 751 WATER REGISTRAR. WELLS (PUBLIC). election of.............. 731 to be provided with suitable pumps.. 754 shall give bond............ 56 expense to be assessed on persons assessment of water rates by..... 732 using........... 754-755 shall make annual report...... 732 assessment of owners or tenants of shall keep books, etc........ 733-734 estates............ 755 INDEX. 829 WEST BOSTON BRIDGE. WINTHROP, continued. incorporated, etc.......... 73-74 not to be taxed for county purposes.. 120 (See Bridges.) county commissioners of Middlesex to WESTERN AVENUE (MILLDAM).. have jurisdiction in....... 141 city authorized to lay out as a highway 74 part of thirteenth representative district 172 WEST ROXBURY. WITNESSES. line between Boston and........ 61 to attend and testify before city councils WHARVES. or committees........ 756 not to be extended beyond harbor lines oaths, how administered....... 756 271-274-278-281-284-285-286 if witness fails to attend warrant may not to be erected or extended on any issue.............. 756 part of the harbor belonging to the WOOD. state.............. 271 dimensions of cord wood....... 757 penalty for violation......... 271 penalty for selling wood not measured. 757 trim of vessels at........... 292 admeasurement of wood brought by rafts not to be moored at....... 295 water.............. 758 WHEAT. carters to have tickets......... 758 how sold............... 442 appointment of measurers of... 760-761 fees of measurers........... 443 fees of measurers......... 757-762 WIDENING STREETS....... 597 WOODCOCK. (See Streets.) not to be killed at certain times.... 184 WINDOWS. WOODEN BUILDINGS. projection into streets......... 613 restrictions as to building..... 82-83-93 regulations respecting......... t31 proviso as to neck lands........ 83 construction of, in tenement houses, etc. 699 city council may authorize erection in WINNIISIMMEET. East and South Boston, and in incorporated as town of Chelsea.... 119 Roxbury.........83-93-94 WIlNNISIMMET COMPANY. engineers of fire department shall prosincorporation of............ 202 ecute violations of law relating to 238 (See Ferries.) WORK-HOUSE. WINTHROP. paupers may be supported in..... 488 incorporation of........... 119 (See House of Industry.)