CommontoroUl) of IHassacijuoetts. 
 
 In the Year One Thousand Eight Hundred and Forty-Six. 
 
 AN ACT 
 
 To establish the City of Roxbury. 
 
 Be it enacted by the Senate and House of Representatives in Gen - 
 eral Court assembled , and by the authority of the same , as follows : 
 
 Sect. 1 . The inhabitants of the Town of Roxbury shall con¬ 
 tinue to be a body politic and corporate, under the name of the 
 City of Roxbury, and as such shall have, exercise and enjoy all the 
 rights, immunities, powers and privileges, and shall be subject to 
 
2 
 
 all the duties and obligations, now incumbent upon and appertain¬ 
 ing to said town as a Municipal Corporation. 
 
 Sect. 2. The administration of all the fiscal, prudential and 
 municipal affairs of said city, with the government thereof, shall 
 be vested in one principal officer, to be styled the mayor; one 
 council of eight, to be called the board of aldermen ; and one coun¬ 
 cil of twenty-four to be called the common council; which boards, 
 in their joint capacity, shall be denominated the city council, and 
 the members thereof shall be sworn to the faithful performance of 
 the duties of their respective offices. A majority of each board 
 shall constitute a quorum for doing business, and no member of 
 either board shall receive any compensation for his services. 
 
 Sect. 3. It shall be the duty of the Selectmen of the Town of 
 Roxbury, as soon as may be, after the passage of this act, and its 
 acceptance by the inhabitants, as hereinafter provided, to divide 
 said town into eight wards, as follows, to wit: first , by drawing a 
 line between the second and third parishes, as near the old territo¬ 
 rial parish line as may be convenient, and constituting the second 
 parish one ward: second , by drawing a line in the same manner 
 between the first and third parishes, and dividing the third parish 
 into two wards, to contain, as nearly as may be convenient, an 
 equal number of inhabitants, and, third , by dividing the first 
 parish into five wards, as nearly equal in number of inhabitants as 
 may be consistent with convenience in other respects. 
 
 And it shall be the duty of the City council, once in five years to 
 revise, and if it be needful, to alter said wards in such manner as to 
 preserve as nearly as may be. an equal number of voters in each 
 ward; provided , however, that the second parish shall always con¬ 
 stitute at least one ward, and the third parish shall constitute at 
 least two wards without any addition of territory to either. 
 
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 Sect. 4. On the second Monday in March, annually, there shall 
 be chosen by ballot in each of said wards, a warden, clerk, and 
 three inspectors of elections, residents of wards in which they are 
 chosen, who shall hold their offices for one year, and until others 
 shall have been chosen in their places, and qualified to act. It 
 shall be the duty of such warden to preside at all ward meetings, 
 with the powers of moderator of town meetings. And if at any 
 meeting the warden shall not be present, the clerk of such ward 
 shall call the meeting to order, and preside until a warden pro tem¬ 
 pore shall be chosen by ballot. And if at any meeting the clerk 
 shall not be. present, a clerk pro tempore shall be chosen by ballot. 
 The clerk shall record all the proceedings and certify the votes 
 given, and deliver over to his successor in office all such records 
 and journals, together with all other documents and papers held by 
 him in said capacity. And it shall be the duty of the inspectors of 
 elections, to assist the warden in receiving, assorting and counting 
 the votes. And the warden, clerk and inspectors so chosen, shall 
 respectively make oath or affirmation, faithfully and impartially to 
 discharge their several duties, relative to all elections, which oath 
 may be administered by the clerk of such ward, to the warden, and 
 by the warden to the clerk and inspectors, or by any justice of the 
 peace for the County of Norfolk. 
 
 All warrants for meetings of the citizens for municipal pur¬ 
 poses, to be held either in wards or in general meetings, shall be 
 issued by the Mayor and Aldermen, and shall be in such form, and 
 shall be served,-executed and returned in such manner, and at such 
 times* as the city council may by any by-law direct. 
 
 Sect. 5. The mayor and eight aldermen, one alderman to be 
 selected from each ward, shall be elected by the qualified voters of 
 the city, at large, voting in their respective wards, and three common 
 councilmen shall be elected from and by the voters of each ward, and 
 shall be residents of the wards in which they are elected; all said 
 
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 officers shall be chosen by ballot, and shall hold their offices for 
 one year from the first Monday in April, and the mayor, until 
 another shall be elected and qualified in his place. 
 
 Sect. 6. On the second Monday in March, annually, immedi¬ 
 ately after a warden, clerk, and inspectors shall have been elected 
 and sworn, the qualified voters in each ward shall give in their 
 votes for mayor, aldermen, and common councilmen, as provided 
 in the preceding section; and all the votes so given, shall be assort* 
 ed, counted, declared, and registered in open ward meeting, by 
 causing the names of persons voted for, and the number of votes 
 given for each, to be written in the ward records in words at length. 
 
 The clerk of the ward, within twenty-four hours after such elec¬ 
 tion, shall deliver to the persons elected members of the common 
 council, certificates of their election, signed by the warden and 
 clerk, and by a majority of the inspectors of elections, and shall 
 deliver to the City clerk a copy of the records of such election, cer¬ 
 tified in like manner : provided, however , that if the choice of com¬ 
 mon councilmen cannot be conveniently effected on that day, the 
 meeting may be adjourned, from time to time, to complete such 
 election. 
 
 The board of aldermen shall, as soon as conveniently may be, 
 examine the copies of the records of the several wards, certified as 
 aforesaid, and shall cause the person who may have been elected 
 mayor, to be notified in writing of his election; but if it shall ap¬ 
 pear that no person has received a majority of all the votes, 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 herein before provided, for the choice of mayor, 
 and repeated, from time to time, until a mayor is chosen. 
 
 In case of the decease, resignation or absence of the mayor, or of 
 his inability to perform the duties of his office, it shall be the 
 
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 duty of the board of aldermen and the common council in conven¬ 
 tion, to elect a mayor for the time being, to serve until another is 
 chosen, or until the occasion causing the vacancy is removed. 
 
 And, if it shall appear that the whole number of aldermen have 
 not been elected, the same proceedings shall be had, as are herein 
 before provided for choice of mayor. Each alderman shall be 
 notified in writing of his election, by the mayor and aldermen for 
 the time being. 
 
 The oath prescribed by this act, shall be administered to the 
 mayor by the City clerk, or any justice of the peace for the County 
 of Norfolk. 
 
 The aldermen and common council men elect, shall, on the first 
 Monday of April, at 10 o’clock in the forenoon, meet in convention, 
 when the oath required by this act, shall be administered to the 
 members of the two boards present, by the mayor, or by any justice 
 of the peace for the County of Norfolk, and a certificate of such 
 oath having been taken, shall be entered on the journal of the mayor 
 and aldermen, and of the common council, by their respective 
 clerks. 
 
 And whenever it shall appear that no mayor has been elected 
 previously to the said first Monday in April, the mayor and aider- 
 men for the time being, shall make a record of that fact; an attest¬ 
 ed copy of which, the City clerk shall read at the opening of the 
 convention to be held as aforesaid. 
 
 After the oath has been administered as aforesaid, the two boards 
 shall separate ; and the common council shall be organized by the 
 choice of a president and a clerk, to hold their office during the 
 pleasure of the common council, and to be sworn to the faithful 
 performance of their duties. 
 
 In case of the absence of the mayor elect, on the first Monday in 
 April, the city government shall organize itself in the manner here- 
 
6 
 
 in before provided, and may proceed to business in the same man¬ 
 ner as if the mayor were present, and the oath of office may be ad¬ 
 ministered to the mayor at any time thereafter, in a convention of 
 the two branches. 
 
 In the absence of the mayor, the board of aldermen may choose 
 a chairman pro tempore, who shall preside at joint meetings of the 
 two boards. 
 
 Each board shall keep a record of its own proceedings, and judge 
 of the elections of its own members ; and in failure of election, or 
 in cases of vacancy, may order new elections. And in case of any 
 such vacancy declared by either board, the mayor and aldermen 
 shall order a new election. 
 
 Sect. 7. The mayor, thus chosen and qualified, shall be the 
 chief executive officer of said city. It shall be his duty to be vigi¬ 
 lant in causing the laws and regulations of the city to be enforced, 
 and to keep a general supervision over the conduct of all subordin¬ 
 ate officers, with power to remove them for neglect of duty. He 
 may call special meetings of the boards of aldermen and common 
 council, or either of them, when necessary in his opinion, by 
 causing notices to be left at the places of residence of the several 
 members ; he shall communicate, from time to time, to both of 
 them, such information and recommend such measures, as in his 
 opinion, the interests of the city may require ; he shall preside in 
 the board of aldermen, and in convention of the two branches, but 
 shall have only a casting vote. 
 
 The salary of mayor for the first year in which this charier shall 
 take effect, shall be six hundred dollars, and no more; his salary 
 shall afterwards be fixed by the city council, but neither increased 
 nor diminished during the year for which he is chosen, and he 
 shall have no other compensation ; fwovided, however , that the city 
 
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 council shall have power to appoint the mayor commissioner of 
 highways, when in their opinion such an office is necessary, and 
 allow him a suitable compensation therefor. 
 
 Sect. 8. The executive power of said city generally, and the 
 administration of the police, with all the powers heretofore vested 
 in the selectmen of Roxbury, shall be vested in the mayor and al¬ 
 dermen, as fully as if the same were herein specially enumerated. 
 
 And the mayor and aldermen shall have full and exclusive pow¬ 
 er to appoint a constable and assistants, or a city marshal and as¬ 
 sistants, with the powers and duties of constables, and all other 
 police officers ; and the same to remove at pleasure. 
 
 And the mayor and aldermen may require any person appointed 
 a constable of the city, to give bonds with such security as they 
 may deem reasonable, before he enters upon the duties of his of¬ 
 fice, upon which bonds the like proceedings and remedies may be 
 had, as are by law provided in case of constables’ bonds taken by 
 the selectmen of towns. 
 
 And the mayor and aldermen shall have the same power to grant 
 licenses to inn-holders, victuallers, and retailers within the city; 
 which is possessed by the mayor and aldermen of the City of 
 Boston. 
 
 The city council shall, annually, as soon after their organization 
 as may be convenient, elect, by joint ballot in convention, a treas¬ 
 urer and collector of taxes, a chief engineer, a city clerk, and three 
 assessors of taxes, and fix their compensations. They shall, also, 
 in such manner as they shall determine,appoint or elect all other sub¬ 
 ordinate officers, for whose election or appointment other provision 
 is not herein made, define their duties and fix their compensations. 
 
 All sittings of the common council shall be public, and all sit¬ 
 tings of the mayor and aldermen shall also be public, when they 
 are not engaged in executive business. 
 
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 The city council shall take care that no moneys be paid from the 
 treasury, unless granted or appropriated; shall secure a just and 
 proper accountability by requiring bonds with sufficient penalties 
 and sureties, from all persons trusted with the receipt, custody or 
 disbursement of money ; shall have the care and superintendence 
 of the city buildings, with the power to let, or to sell what may be 
 legally sold ; and to purchase property, real or personal, in the 
 name and for the use of the city, whenever its interest or conven¬ 
 ience may, in their judgment,require it. And the city council shall, 
 as often as once in a year, cause to be published, for the use of the 
 inhabitants, a particular account of the receipts and expenditures, 
 and a schedule of city property. 
 
 Sect. 9. In all cases in which appointments are directed to be 
 made by the mayor and aldermen, the mayor shall have the exclu¬ 
 sive power of nomination, such nomination, however, being subject 
 to be confirmed or rejected by the board of aldermen : Provided, 
 however , that no person shall be eligible to any office of emolument, 
 the salary of which is payable out of the city treasury, who, at 
 the time of such appointment, shall be a member of the board of 
 aldermen or of the common council. 
 
 Sect. 10. The city clerk shall also be clerk of the board of aider- 
 men, and shall be sworn to the faithful performance of his duties. 
 He shall perform such duties as shall be prescribed by the board of 
 aldermen, and he shall perform all the duties, and exercise all the 
 powers, by law incumbent upon, or vested in, the town clerk of the 
 town of Roxbury. He shall be chosen for one year, and until 
 another shall be chosen and qualified in his place, but may be at 
 any time removed by the city council. 
 
 Sect. 11. The qualified voters of each ward, at their respective. 
 
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 annual ward meetings for the .choice of officers, shall elect by ballot 
 one person in each ward to be an overseer of the poor, who shall 
 be a resident of said ward, and the persons thus chosen, together 
 with the mayor, shall constitute the board of overseers of the 
 poor, and shall have all the powers and be subject to all the 
 duties now by law appertaining to the overseers of the poor for the 
 town of Roxbury. 
 
 The qualified voters shall, at the same time and in the same man¬ 
 ner, elect three persons from the city at large, and two persons from 
 each ward to be members of the school committee, and the persons 
 thus chosen shall constitute the school committee, and have the 
 care and superintendence of the public schools. 
 
 The qualified voters shall, at the same time and in like manner, 
 elect one person in each ward to be an assistant assessor, who shall 
 be a resident of said ward, and it shall be the duty of the persons so 
 chosen to furnish the assessors with all necessary information rela¬ 
 tive to persons and property taxable in their respective wards, and 
 they shall be sworn to the faithful performance of their duty. 
 
 And the persons to be chosen by the city council as assessors, 
 shall constitute the board of assessors, and shall exercise the powers 
 and be subject to the duties and liabilities of assessors in towns. 
 
 All taxes shall be assessed, apportioned, and collected in the 
 manner prescribed by law relative to town taxes; provided, how¬ 
 ever , that it shall be lawful for the city council to establish further 
 and additional provision for the collection thereof. 
 
 Should there fail to be a choice of overseers of the poor, members 
 of the school committee, or assistant assessors, in any ward, the va¬ 
 cancy, or vacancies shall be filled by the city council in conven¬ 
 tion, in the same manner that is provided for filling vacancies in 
 the Senate of this Commonwealth. 
 
 2 
 
10 
 
 Sect. 12. The city council shall have exclusive authority and 
 power to lay out any new street or town way, and to estimate the 
 damages any individual may sustain thereby, but all questions re¬ 
 lating to the subject of laying out, accepting, altering, or discontin¬ 
 uing any street or way, shall first be acted upon by the mayor and 
 aldermen. And any person dissatisfied with the decision of the city 
 council in the estimate of damages, may make complaint to the 
 County Commissioners of the County of Norfolk,, at any meeting 
 held within one year after such decision, whereupon the same pro¬ 
 ceedings shall be had as are now provided by the laws of the Com¬ 
 monwealth in cases when persons are aggrieved by the assessment 
 of damages by Selectmen, in the twenty-fourth chapter of the Re¬ 
 vised Statutes. 
 
 Sect. 13. All power and authority now by law vested in the 
 board of health for the Town of Roxbury, or in the selectmen of 
 said town, shall be transferred to, and vested in the city council, to 
 be carried into execution in such manner as the city council shall 
 deem expedient. 
 
 Sect. 14. The city council shall have authority to cause drains 
 and common sewers to be laid down through any streets or private 
 lands, paying the owners such damage as they may sustain there¬ 
 by : and to require all persons to pay a reasonable sum for the priv¬ 
 ilege of opening any drain into said public drain or common sewer. 
 
 And the city council may make by-laws with suitable penalties 
 for the inspection, survey, measurement, and sale of lumber, wood, 
 coal, and bark, brought into the city for sale. 
 
 Sect. 15. All fines, forfeitures and penalties, accruing for the 
 breach of any by-law of the City of Roxbury, or of any of the ordi¬ 
 nances of the city council, or of any of the orders of the mayor and 
 
II 
 
 aldermen, may be prosecuted for and recovered, before any justice 
 of the peace in said City of Roxbury, by complaint or information, 
 in the name of the Commonwealth, in the same way and manner 
 in which other criminal offences are now prosecuted before the jus¬ 
 tices of the peace within this Commonwealth ; reserving, however, 
 in all cases to the party complained of and prosecuted, the right of 
 appeal to the Court of Common Pleas, then next to be held in the 
 County of Norfolk, from the judgment and sentence of any justice 
 of the peace. 
 
 And the appeal shall be allowed on the same terms and the pro¬ 
 ceedings be conducted therein in the same manner as provided in 
 the one hundred and thirty-eighth chapter of the Revised Statutes 
 of this Commonwealth. 
 
 And it shall be sufficient, in all such prosecutions, to set forth in 
 the complaint, the offence fully, plainly, substantially, and formal¬ 
 ly, and it shall not be necessary to set forth such by-law, ordinance 
 or order, or any part thereof. 
 
 All fines, forfeitures, and penalties so recovered and paid, shall 
 be paid to the treasurer of the City of Roxbury, and shall enure to 
 such uses as said city council shall direct. 
 
 When any person, upon any conviction before a justice of 
 the peace, for any breach of any by-law of said City of Roxbury, 
 or any of the ordinances of the city council, or any of the orders of 
 the mayor and aldermen, shall be sentenced to pay a fine, or order¬ 
 ed to pay any penalty or forfeiture, provided by any such by-law, 
 ordinance, or order, or upon claiming an appeal, shall fail to recog¬ 
 nize for his appearance at the court appealed to, and there to pro¬ 
 secute his appeal and to abide the sentence or order of the court 
 thereon, and in the mean time to keep the peace and be of good be¬ 
 havior, and upon not paying the fine, penalty or forfeiture and costs 
 so assessed upon him, he shall be committed to prison, there to remain 
 
1 2 
 
 until he or she shall pay such fine, forfeiture, or penalty and costs r 
 or be otherwise discharged according to law. 
 
 The provisions of this section shall also apply to all prosecu¬ 
 tions founded on the by-laws or ordinances of the Town of Roxbu- 
 ry, which may continue in force after this act shall go into opera¬ 
 tion. 
 
 Sect. 16. It shall be the duty of the city council annually, in 
 the month of October, to meet in convention and determine the 
 number of representatives to be elected by the City to the General 
 Court in such year, which shall be conclusive, and the number thus 
 determined shall be specified in the warrant calling meetings for the 
 election of representatives. 
 
 Sect. 17. All elections for County, State, and United States of¬ 
 ficers, who are voted for by the people, shall be held at meetings of 
 the citizens qualified to vote in such elections in their respective 
 wards, at the time fixed by law for these elections respectively ; 
 and at such meetings all the votes, given for said several officers 
 respectively, shall be assorted, counted, declared, and registered in 
 open ward meeting, by causing the names of all persons voted for, 
 and the number of votes given for each, to be written in the ward 
 record in words at length. The ward clerk shall forthwith deliver 
 to the oity clerk, a certified copy of the record of such elections. 
 The city clerk shall forthwith record such returns, and the mayor 
 and aldermen shall within two days after every such election, ex¬ 
 amine and compare all said returns, and make out a certificate of 
 the result of such elections, to be signed by the mayor and a ma¬ 
 jority of the aldermen, and also by the city clerk, which shall be 
 transmitted or delivered in the same manner as similar returns are 
 by law directed to be made by selectmen of towns. And in all elec- 
 
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 tions for representatives to the General Court, in *case the whole 
 number proposed to be elected shall not be chosen by a majority of 
 the votes legally returned, the mayor and aldermen shall forthwith 
 issue their warrant for a new election, conformably to the provi¬ 
 sions of the Constitution, and the laws of the Commonwealth. 
 
 Sect. 18. Prior to every election, the mayor and aldermen shall 
 make out lists of all the citizens of each ward qualified to vote in 
 such elections, in the manner in which selectmen of towns are re¬ 
 quired to make out lists of voters; and for that purpose they shall 
 have Tull access to the assessors’ books and lists, and be entitled to 
 the assistance of all assessors, assistant assessors, and city officers, 
 and they shall deliver said lists, so prepared and corrected, to the 
 clerks of said wards to be used at such elections; and no person 
 shall be entitled to vote whose name is not borne on such list. 
 
 Sect. 19. General meetings of the citizens qualified to vote, 
 may, from time to time, be held, to consult upon the public good j 
 to instruct their representatives, and to take all lawful measures to 
 obtain redress for any grievances, according to the right secured to 
 the people by the Constitution of this Commonwealth. And such 
 meetings may and shall be duly warned, by the mayor and aider- 
 men, upon the requisitions of fifty qualified voters. 
 
 Sect. 20. For the purpose of organizing the system of govern- 
 
 • ment hereby established, and putting the same into operation in the 
 
 first instance, the selectmen of the Town of Roxbury for the time 
 
 being, shall, on some day during the months of March or April of 
 
 the present year, issue their warrants seven days at least previous 
 ✓ 
 
 to the day so appointed for calling meetings of the said citizens at 
 such place and hour as they may deem expedient, for the purpose 
 of choosing a warden, clerk, and inspectors for each ward, and all 
 
14 
 
 other officers whose election is provided for in the preceding sec¬ 
 tions of this act, and the transcripts of the records of each ward, 
 specifying the votes given for the several officers aforesaid, certified 
 by the warden and clerk of such ward at said first meeting, shall 
 be returned to the said selectmen, whose duty it shall be to exam¬ 
 ine and compare the same, and in case said elections should not be 
 completed at the first meeting, then to issue new warrants until 
 such elections shall be completed ; and to give notice thereof in the 
 manner hereinbefore provided, to the several persons elected. And 
 at said first meeting, any inhabitant of said ward, being a legal 
 voter, may call the citizens to order, and preside until a warden 
 shall have been chosen. And at said first meeting a list of voters 
 in each ward, prepared and corrected by the selectmen for the time 
 being, shall be delivered to the clerk of each ward, when elected, 
 to be used as hereinbefore provided. And the selectmen shall ap¬ 
 point such time for the first meeting of the city council, as they 
 may judge proper, after the choice of city officers as aforesaid, or a 
 majority of the members of both branches, in the year one thous¬ 
 and eight hundred and fortjr-six, and shall also fix upon the place 
 and the hour of said first meeting, and a written notice thereof shall 
 be sent by said selectmen, to the place of abode of each of the city 
 officers chosen as provided in this section. And after this first elec¬ 
 tion of city officers, and this first meeting for the organization of the 
 city council, as in this section is provided, the day of holding the 
 annual elections, and the day and hour for the meeting of the city 
 council, for the purpose of organization, shall remain as provided 
 in the sixth section of this act. 
 
 And it shall be the duty of the city council, immediately after 
 the first organization, to elect all necessary city officers, who shall 
 hold their offices respectively until others are chosen and qualified, 
 and at the meetings to be called, as prescribed in this section, for 
 the choice of ward and city officers, the said inhabitants may, and. 
 
15 
 
 shall also give in their votes for county officers, which votes shall 
 be recorded, certified and returned in the manner provided in the 
 seventeenth section of this act. 
 
 Sec. 21. The city council shall have power to make all such 
 salutary and needful by-laws, as towns, by the laws of this Com¬ 
 monwealth, have power to make and establish, and to annex pen¬ 
 alties not exceeding twenty dollars, for the breach thereof, which 
 by-laws shall take effect, ard be in force, from and after the time 
 therein respectfully limited, without the sanction of any court, or 
 other authority whatever : provided , however , that all laws and 
 regulations now in force in the town of Roxbury, shall, until they 
 shall expire by their own limitation, or be revised or repealed by 
 the city council, remain in force, and all fines and forfeitures for 
 the breach of any by-law, or ordinance, shall be paid into the city 
 treasury. 
 
 Sect. 22. The annual town meeting for the town of Roxbury, 
 which by law is required to be held in the month of March or 
 April, is hereby suspended, and all town officers now in office, 
 shall hold their places until this act shall go into operation ; and in 
 case this charter shall not be accepted in the manner and form as 
 hereinafter provided, then the selectmen shall issue their warrant 
 according to law, for holding the annual town meeting of the in¬ 
 habitants, in which all the proceedings shall be the same as if this 
 act had not been passed. 
 
 Sect. 23. All officers of the town of Roxbury having the care 
 and custody of any records, papers, or property belonging to said 
 town, shall deliver the same to the city clerk, within one week 
 after his entering upon the duties of his office. 
 
16 
 
 Sect. 24. All such acts, and parts of acts, as are inconsistent 
 with the provisions of this act, shall be, and the same are, hereby 
 repealed. 
 
 Sect. 25. Nothing in this act contained shall be so construed as 
 to prevent the Legislature from altering or amending the same, 
 whenever they shall deem it expedient. 
 
 Sect. 26. This act shall be void, unless the inhabitants of the 
 town of Rdxbury, at a legal town meeting, called for that purpose, 
 shall, by a vote of a majority of the voters present, and voting 
 thereon, by a written ballot, determine to adopt the same within 
 twenty days from and after its passage. 
 
 Sect. 27. This act shall go into operation from and after its 
 passage. 
 
 House of Representatives, March 11, 1846. 
 
 Passed to be enacted. 
 
 SAMUEL L. WALLEY, Jr., Speaker. 
 
 In Senate, March 12, 1846. 
 
 Passed to be enacted. 
 
 W. B. CALHOUN, President. 
 
 March 12, 1846—Approved. 
 
 GEORGE N. BRIGGS. 
 
 JOSEPH G. TORREY, Printer, 23 Devonshire street, Boston.