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City Document. — No. 36. 
 
 CITY OF BOSTON. 
 
 REPORT 
 
 OP THE 
 
 JOIOT SPECIAL COMMITTEE 
 
 OF THE 
 
 CITY COIJBrCIL, 
 
 ON THE 
 
 Dralt of a lew City .Clartor. 
 
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 CITY OF BOSTON 
 
 In Board of Aldermen, March 15, 1875. 
 
 The Joint Special Committee to which was referred the 
 Keport of the Commission appointed to revise the City 
 Charter, beg leave to state, that they have carefully ex- 
 amined the provisions of the new Charter submitted by 
 Othe Commissioners, and would recommend certain amend- 
 ^ments, which are embodied in the new draft appended 
 ^hereto. 
 
 J The principal changes proposed by the committee are as 
 follows : — 
 
 j 
 
 Sect. 3. Authorizing the City Council to divide the city 
 into not less than 30 nor more than 36 wards. 
 
 Sect. 8. Kequiring the Eegistrars of Voters to hold 
 n^sessions in or near each ward three or more hours daily, for 
 ^at least twelve days within the twenty days before a State 
 5 election ; and in addition six evening sessions of at least 
 **^two hours each during the same period. 
 
 ^ Sects. 11-25 [11-19].* Providing that the warden, clerk 
 S and three inspectors of elections shall be chosen in each 
 ^ward, or voting district, as at present; and that three 
 5 additional inspectors shall be appointed by the Mayor, with 
 ^ the approval of the Board of Aldermen, to serve with those 
 elected. 
 
 Sect. 25 [old charter §5]. Providing that every person 
 chosen in any ward shall be furnished by the ward officers 
 
 p * The numbers enclosed in brackets refer to the sections in the draft pre- 
 .2 pared by the Commissioners. 
 
 & 
 
 & 
 
 
 ^ 11 ^ 67 . 
 
IV 
 
 City Document. — No. 36. 
 
 with a certificate, which shall be presumptive evidence of 
 the title of such person to the ofllce therein mentioned. 
 
 Sect’s. 28-29 [22-23]. Fixing the terms of office of the 
 Mayor and the members of the Board of Aldermen at two 
 years each. 
 
 Sect. 30 [24]. Fixing the terms of office of the Council- 
 men at one year each. 
 
 Sect. 38 [32]. Providing that a majority of the mem- 
 bers of the Common Council shall constitute a quorum. 
 
 Sect. 42 [36]. Providing that the votes of two-thirds of 
 the members present in each branch shall be sufficient to 
 pass any measure over the Mayor’s veto. 
 
 Sect. 43 [37]. Providing that the Chairman of the Board 
 of Aldermen, while acting as Mayor, shall not have a vote 
 in the Board. 
 
 Sect. 49 [43]. Providing that the boards, commissioners 
 and officers of the city shall be subject to the orders, as well 
 as to the ordinances, of the City Council. 
 
 Striking out Section 46 of the original draft. 
 
 Sect. 56 [51]. Providing that no money shall be paid 
 out of the City Treasury unless approved by a Committee of 
 the City Council. 
 
 Sect. 59 [new]. Providing that the City Council shall 
 prescribe by ordinance the manner in which, and the officers 
 through whom, the fuel required for the city departments 
 shall be purchased. 
 
 Sect. 71 [66]. Striking out Section 66, and inserting 
 the following : " The money which comes into the possession 
 of the said commissioners [of the sinking fund], from any 
 source, to add to a sinking fund, shall be invested by them in 
 the particular bonds for the redemption of which said sinking 
 fund was established, whenever said bonds can be bought at 
 par, and accrued interest or less ; and they may invest in said 
 ])onds at a higher price than par and accrued interest, when- 
 ever they may deem it expedient so to do. Said purchased 
 
City Chartek. 
 
 V 
 
 bonds shall be immediately cancelled, and the City Treasurer 
 shall give in exchange therefor, registered bonds or certifi- 
 cates of a like amount, payable to said commissioners and to 
 no other persons, and specifying the particular fund to which 
 they belong, so that said bonds or certificates cannot be ne- 
 gotiated nor diverted from the particular fund of which they 
 form a part. Said bonds or certificates shall be payable at 
 the same time, and bear interest on the same terms, as said 
 cancelled bonds. If said bonds cannot be obtained as 
 above, the commissioners may invest in bonds of any of 
 the New England States, bonds of the United States, or 
 of any cities and towns of this Commonwealth, and in no 
 other way.” 
 
 Sect. 79 [74]. Providing that the City Council, in 
 convention, shall annually choose thfe City Clerk. 
 
 Sect. 83 [78]. Providing that the City Council, in con- 
 vention, shall annually choose the City Treasurer. 
 
 Striking out Sections 79 and 80 of the original draft. 
 
 Sect. 87 [84]. Providing that the Auditor of Accounts 
 shall be elected annually by concurrent vote of the City 
 Council. 
 
 Sect. 88 [new]. Providing for the appointment of an 
 Auditor of Accounts pro tempore, in case of vacancy in the 
 ofiice caused by death, resignation or other cause. 
 
 Sect. 99 [95]. Providing that the Board of Examiners 
 of public schools shall be appointed by the Mayor, with the 
 approval of the School Committee ; and their compensation 
 fixed by the School Committee. 
 
 Sect. Ill [107]. Providing that the members of the 
 Board of Assessors shall be appointed annually by the Mayor 
 with the approval of the City Council. 
 
 Sect. 113 [109]. Providing that the division of the city 
 into assessment districts shall be subject to approval by the 
 City Council. 
 
 Sect. 114 [110]. Providing that the First Assistant As- 
 
VI 
 
 City Document. — No. 36. 
 
 sessors shall be appointed annually by the Assessors, with 
 the approval of the City Council. 
 
 Sect. 117 [113]. Providing that the Second Assistant 
 Assessors shall be residents of the ward of which the assess- 
 ment district for which they are appointed forms a part. 
 
 Sects. 121-128 [117-133]. Amending the provisions re- 
 lating to the Law Department, by striking out so much as 
 relates to the appointment and duties of ” the Counsel of the 
 Corporation ; ” providing that the City Solicitor shall be ap- 
 pointed for a term of one year ; providing for the appoint- 
 ment, by the City Solicitor, of one clerk ; and striking out' so 
 much as relates to the appointment and duties of a " Com- 
 missioner of Claims.” [Sections 130 to 133, original draft.] 
 
 Sect. 131 [136]. Providing that police officers shall not 
 be removed by the MayOr, except upon the recommendation 
 of the Police Commissioners ; also providing that the com- 
 missioners shall prescribe the duties of the officers and mem- 
 bers of the department. 
 
 Sect. 135 [140] . Providing that the punishment of police 
 officers for violation of the rules of the department, except 
 in cases of removal, shall not be subject to revision by the 
 Mayor. 
 
 Sect. 141 [146]. Providing that Superintendents of 
 Licenses shall not be removed by the Mayor, except upon 
 the recommendation of the Police Commissioners. 
 
 Sect. 143 [148]. Providing that the Sealers of Weights 
 and Measures shall not be removed by the Mayor, except 
 upon the recommendation of the commissioners. 
 
 Sect. 144 [149]. Providing that the Superintendent of 
 Public Scales and Weighers of Hay shall not be removed 
 by the Mayor, except upon the recommendation of the Police 
 Commissioners. 
 
 Sects. 146-165 [151-171]. Providing for the appoint- 
 ment of three Street Commissioners, to have charge of lay- 
 ing out, paving, grading and lighting streets, constructing 
 
City Charter. 
 
 VII 
 
 sewers, and building and superintending ferries and bridges ; 
 also for the appointment of three Commissioners of Build- 
 ings and Lands, to have charge of public buildings, public 
 lands and market houses, and of the department for the 
 survey and inspection of buildings. 
 
 Sections 164, 169 and 170 of the original draft are stricken 
 out. 
 
 In the Water Department, Sections 174 and 177 of the 
 original draft are stricken out, and Sections 178 and 179 are 
 transferred to the Street Department — §§ 155 and 156. 
 
 Sect. 181 [189]. Providing that the term of office of the 
 City Eegistrar shall be one year. 
 
 Sect. 182 [190]. Providing that the compensation of the 
 members of the Fire Department, as fixed by the Fire Com- 
 missioners, shall be subject to approval by the City Council. 
 
 Sect. 187 [195]. Providing that the Board of Directors 
 for Public Institutions shall consist of one Alderman and 
 two Councilmen, elected annually by concurrent vote of the 
 City Council ; and six persons appointed by the Mayor, with 
 the approval of the City Council, for a term of three years 
 each — two being appointed each year. 
 
 Sect. 194 [202]. Providing that the Overseers of the 
 Poor shall consist of one Alderman and two Councilmen, 
 elected annually by concurrent vote of the City Council, and 
 nine persons appointed by the Mayor, with the approval of 
 the City Council, for a term of three years each — three 
 being appointed each year. 
 
 Sect. 199 [207]. Striking out so much as provides that 
 the Overseers of the Poor shall be sole agents of the city, 
 for the distribution of money, food, fuel, etc., appropriated 
 by the City Council for the relief of the poor and destitute. 
 
 Sect. 200 [208]. Providing that the Board of Trustees 
 of the City Hospital shall consist of one Alderman and two 
 Councilmen, elected annually by concurrent vote of the City 
 Council, and six persons appointed by the Mayor, with the 
 
VIII 
 
 City Document. — No. 36. 
 
 approval of the City Council, for a term of three years each, 
 two being appointed each year. 
 
 Sect. 202 [210]. Providing that the Board of Trustees 
 of the Public Library shall consist of one Alderman and two 
 members of the Common Council, elected annually by con- 
 current vote of the City Council, and six persons appointed 
 by the Mayor, with the approval of the City Council, for a 
 term of three years each, two being appointed each year. 
 
 Sect. 212 [220]. Providing that no street or way for the 
 use of cars or other vehicles shall be laid out over or through 
 the Common or Public Garden, or any portion of them, unless 
 a majority of the legal voters, present and voting thereon, 
 shall vote in the affirmative at meetings which may be called 
 for that purpose in the several wards by the Board of 
 Aldermen. 
 
 Sect. 220 [232]. Striking out so much as provides that 
 any of the disciplinary rules and regulations adopted by the 
 Police and Fire Commissioners may be rescinded or modi- 
 fied by the Mayor. 
 
 Sect. 221 [new]. Providing that whenever the City 
 Council shall instruct any board or commissioners to do, or 
 not to do, anything coming within their powers and duties, 
 it shall be the duty of such board or commissioners forth- 
 with to comply with such instructions. 
 
 Numerous verbal amendments have been made in the 
 draft submitted by the commissioners, which are not speci- 
 fied in the foregoing statement. 
 
 It could hardly be expected that the members of the com- 
 mittee, representing different constituencies, and holding 
 different views with regard to the administration of muni- 
 cipal affairs, should be able to present a unanimous report 
 upon all the details covered by this instrument ; but there is 
 a substantial unanimity of opinion on the part of the com- 
 mittee, first, as to the necessity of changing the present or- 
 
City Charter. 
 
 IX 
 
 ganization of the government; and, second, as to the gen- 
 eral plan of reorganization. The individual members of the 
 committee reserve the right, however, to offer amendments 
 to the draft herewith submitted, or to support amendments 
 offered by others while the subject is under consideration by 
 the City Council. 
 
 Kespectfully submitted. 
 
 For the Committee, 
 
 JOHN T. CLAEK, 
 
 Chairman, 
 
 The undersigned, a member of the Committee on the sub- 
 ject of revising the City Charter, desires to have it appear 
 as a part of the record, that he is opposed to any change in 
 the present organization of the City Government, except so 
 far as to provide for a reduction of the ward representation 
 in the Common Council and the School Committee. 
 
 JAMES J. FLYNN. 
 
THE CITY CHAPTER. 
 
THE CITY CHARTER. 
 
 Section 1. The inhabitants of the city of Boston, for all 
 the purposes for which cities and towns are by law incorpor- 
 ated in this commonwealth, shall continue to be one body 
 politic, in fact and in name, under the style and denomina- 
 tion of the City of Boston ; and, as such, shall have, exer- 
 cise and enjoy all the rights, immunities, powers and privi- 
 leges, and shall be subject to all the duties and obligations 
 now incumbent upon, and appertaining to, said city as a 
 municipal corporation, except so far as the same may be 
 modified by the provisions of this act. 
 
 Sect. 2. The administration of all- the fiscal, prudential, 
 and municipal concerns of the city, with the conduct and 
 government thereof, shall be vested in one principal officer, 
 to be called the mayor, one board of twelve persons, to be 
 called the board of aldermen, one board composed of two 
 persons from each ward of the city, to be called the common 
 council, and in the officers hereinafter specified. The board 
 of aldermen and the common council, in their joint capacity, 
 shall be denominated the city council. 
 
 Sect. 3. The city council shall divide the city into such 
 number of wards, not less than thirty nor more than thirty- 
 six, as they shall determine, in such manner as to include an 
 equal number of voters in each ward, as nearly as con- 
 veniently may be, consistently with well-defined limits to 
 each ward ; until such division be made, the boundary lines 
 of the wards shall remain as now established. 
 
 Sect. 4. The election of municipal officers shall be held 
 on the second Tuesday of December in each year, and the 
 officers then chosen shall, unless it be herein otherwise pro- 
 vided, enter ' upon the duties of their respective offices on 
 the first Monday of the succeeding January. 
 
 Sect. 5. The board of aldermen, by their warrant, shall 
 
4 
 
 direct and appoint the places and hours for voting in each 
 ward, except so far as the same are fixed by law ; and they 
 shall, at least seven days before the day of election, issue a 
 public notification to the voters of each ward, informing them 
 of the time and place of voting, and of the offices then to .be 
 filled by election. 
 
 Sect. 6. The mayor, with the approval of the city 
 council, shall appoint two persons, inhabitants of the city, 
 to be registrars of voters ; one of said persons shall be 
 appointed for one year, and one for two years ; and 
 thereafter the mayor, with like approval, annually shall ap- 
 point one person to serve as registrar of voters for two years. 
 
 Sect. 7. The registrars shall have all the powers of, 
 
 V and be subject to all the duties and liabilities imposed by 
 law upon, the mayor and aldermen, the board of aider- 
 men, and the board of registrars of voters, in relation 
 to the preparation, correction, revision, publication and trans- 
 mission of the alphabetical lists of voters to be used at elec- 
 tions in the city, so far as consistent with the provisions of 
 this act. The collectors of taxes shall make the returns, re- 
 quired by law to be made to the mayor and aldermen, to the 
 registrars of voters ; and assessors and collectors of taxes 
 shall give any information in their possession to said regis- 
 trars necessary to aid them in the discharge of their duties. 
 
 Sect. 8. The registrars, at least twenty days before the 
 day of the annual state election, shall cause printed lists of the 
 voters in each ward, or district of a ward, to be posted in one 
 or more places in such ward or district, with a statement of 
 the places and hours within the said twenty days in which 
 they will hold sessions to correct and revise the lists. Such 
 sessions shall be held in or near each ward, three or more 
 hours daily, for at least twelve days within the said twenty 
 days, and in addition, six evening sessions, of at least two 
 hours length each, shall be held within said twenty days. 
 The city council may provide for the holding of sessions at 
 other times. 
 
5 
 
 Sect. 9. Whoever gives a false name, or a false answer, 
 to any registrar or registrar’s clerk or assistant, concerning 
 any matter relating to the registration of voters, or to the 
 right of any person to vote, shall incur the penalty pro- 
 vided by law for giving a false name, or false answer, to the 
 selectmen of towns, when in session to correct the lists of 
 voters. 
 
 Sect. 10. The registrars, with the approval of the mayor, 
 may appoint such clerks and temporary assistants as they 
 .may find necessary for the proper discharge of their duties, 
 and they may remove them at pleasure ; and said clerks 
 and assistants shall receive such compensation 'for each day’s 
 actual service as the city council may from time to time 
 determine. 
 
 Sect. 11. Whenever, in the opinion of the city council, 
 the convenience of the voters of any ward requires more 
 than one voting place in such ward, they may divide the 
 ward into two or more districts ; and the registrars of voters 
 shall thereupon prepare separate printed lists of the voters 
 of each of said districts, and cause the same to be posted as 
 hereinbefore provided. 
 
 Sect. 12. Prior to the first day of May, in the year 
 eighteen hundred and seventy-six, the mayor shall, with the 
 approval of the board of aldermen, appoint for each ward 
 or voting district three inspectors of elections, who shall be 
 residents and legal voters in such w^ard or district, and one 
 of whom shall hold his office for one year, and one for two 
 years, and one for three years, from said first day of May ; 
 and the mayor annually thereafter, in the month of April, 
 shall, with the approval of the board of aldermen, appoint for 
 each ward or voting district one inspector of elections, who 
 shall be a resident and legal voter in such ward or district, 
 and shall hold office for three years from the first day of 
 May then next succeeding. Any such inspector may be at 
 any time removed from office by the mayor, with the approval 
 of the board of aldermen. 
 
Sect. 13. No person who holds an office by election or 
 appointment under the government of the city of Boston, 
 the State of Massachusetts, or the United States, except 
 justices of the peace and officers of militia, shall be ap- 
 pointed registrar or assistant registrar of voters, or inspector 
 of elections, and the appointment or election of a registrar, 
 or assistant registrar of voters, or inspector of elections to 
 any such office, and his acceptance thereof, shall be deemed 
 to be a resignation of his office of registrar or assistant regis- 
 trar or inspector. 
 
 Sect. 14. The registrars of voters and said inspectors of 
 elections, before entering upon the duties of their offices, 
 shall take and subscribe an oath faithfully and impartially to 
 discharge their duties ; said oath may be administered by 
 the city clerk, or his assistant, and the certificate thereof, 
 subscribed as aforesaid, shall be deposited in the office of 
 the city clerk. 
 
 Sect. 15. The qualified voters of each ward or voting 
 district shall, at each annual election choose, by ballot, one 
 warden, one clerk, and three inspectors of elections, all of 
 whom shall be residents and legal voters in such ward or 
 voting district, and shall hold their offices for one year, and 
 until others shall be chosen and qualified in their stead. 
 
 Sect. 16. The officers mentioned in the preceding sec- 
 tion shall respectively make oath faithfully and impartially 
 to discharge their several duties, which oath may be adminis- 
 tered 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 ; and a certificate thereof shall be 
 entered in the record to be kept by the clerk. 
 
 Sect. 17. In case of the non-election of any of said offi- 
 cers at the annual meeting, or upon the division of a ward 
 into voting districts, the board of aldermen may issue their 
 warrant in due form for an election to be held at such time 
 and place as said board may deem advisable. 
 
7 
 
 Sect. 18. In case of the absence of any of said officers at 
 any election, such officer may be 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 election. 
 
 Sect. 19. It shall be the duty of the warden to preside at 
 all meetings of his ward or voting district 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. 20. It shall be the duty of the clerk to make and 
 keep a fair and true record of all the acts and votes of citi- 
 zens at the meetings of his ward or voting district, and to 
 deliver over such record, together with all other documents 
 and papers held by him in his said capacity, to his successor 
 in office. 
 
 Sect. 21. A majority of all the inspectors of any ward or 
 district shall constitute a quorum for the purposes of count- 
 ing votes, making returns, and performing any other duties 
 required of inspectors of elections. 
 
 Sect. 22. The wardens, clerks and inspectors of elections 
 shall receive such compensation for each day’s actual service 
 as the city council may from time to time determine, and 
 shall be subject to the same penalties to which such ward 
 officers are now subject under existing laws. 
 
 Sect. 23. The registrars of voters shall provide for each 
 ward and voting district a sufficient number of ballot boxes, 
 arranged with such devices to guard against fraudulent vot- 
 ing as they may decide to be most effectual for that pur- 
 pose. Before the voting begins, the inspectors, a quorum 
 being present, shall see that the ballot boxes are empty ; they 
 shall have the custody of the same during the election, and 
 of the lists of voters, and shall transmit the ballots and lists, 
 as required by law, to the city clerk. 
 
 Sect. 24. It shall be the duty of the warden and inspec- 
 tors of each ward or voting district to receive, sort, and 
 
8 
 
 count, and of the warden to declare all votes at any election 
 within such ward or district. So far as practicable each 
 ballot box shall during an election be in the immediate 
 charge of two inspectors, one from those appointed, and one 
 from those elected, and the ballots shall not be counted or 
 removed from the ballot box until the election is closed, and 
 the inspectors who have had charge of a box shall be entitled 
 to make the first count of the ballots therein. 
 
 Sect 25. Every person chosen in any ward 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 pre- 
 sumptive evidence of the title of such person to the office 
 therein mentioned. 
 
 Sect. 26. The board of aldermen, or a committee thereof 
 specially appointed for the purpose, shall within three days 
 after any election examine the returns of votes, and if found 
 erroneous, cause them to be corrected, and then transmit the 
 results to the secretary of the commonwealth, or shall make 
 declaration thereof, as required by law. 
 
 Sect. 27. The city clerk shall furnish forthwith to every 
 person whom the board of aldermen shall certify to have 
 been elected to an office at any municipal election, a certifi- 
 cate of his election, which certificate shall be presumptive evi- 
 dence of the title of such person to the office therein men-, 
 tioned. 
 
 Sect. 28. The qualified voters of the city, at the annual 
 election occurring in the year eighteen hundred and seventy- 
 five, and at the annual election every second year thereafter, 
 shall elect one able and discreet person, an inhabitant of the 
 city, to be mayor of the city for the term of two years. 
 
 Sect. 29. The qualified voters of the city, at the annual 
 election occurring in the year eighteen hundred and seventy- 
 five, shall elect twelve able and discreet persons, inhabi- 
 tants of the city, to constitute the board of aldermen ; the 
 six persons elected who shall have received the largest num- 
 
9 
 
 ber of votes shall hold the office for two years ; and the 
 six persons elected who shall have received the next 
 largest number of votes shall hold the office for one year. 
 In case two or more of the persons elected shall receive an 
 equal number of votes, those who are seniors by age shall, 
 for the division into classes hereby required, be classified as 
 if they had received the larger number of votes in order of 
 ages ; and thereafter the qualified voters shall annually elect 
 six able and discreet persons, inhabitants of the city, to serve 
 ' as members of the board of aldermen for the term of two 
 years. 
 
 Sect. 30. The qualified voters of each ward, at the annual 
 election occurring in the year eighteen hundred and seventy- 
 ' five, and annually thereafter, shall choose two able and dis- 
 creet persons, inhabitants of the ward, to be members of the 
 common council for the term of one year. 
 
 Sect. 31. The board of aldermen and the common council 
 shall have authority to decide upon all questions relative to 
 the qualifications, elections and returns of their respective 
 members. 
 
 Sect. 32. The city council may provide for the appoint- 
 ment or election, removal and compensation of such mes- 
 sengers and clerks as may be necessary to facilitate the trans- 
 action of its business. 
 
 Sect. 33. Whenever it shall appear to the board of 
 aldermen that there is a vacancy, by removal from the city, 
 or by death, resignation, or otherwise, in the board of aider- 
 men, or in the common council, said board shall issue their 
 warrant in due form to fill such vacancy for the remainder of 
 the term, by election to be held at such time and place as 
 . they may deem advisable ; and the same proceedings shall be 
 had to ascertain and determine the persons chosen as are 
 prescribed for the annual election of the same officers. But 
 in case of vacancies in the common council, such warrants 
 shall not be issued until the board of aldermen receive 
 official information thereof. 
 
10 
 
 Sect. 34. All city and ward officers shall be held to dis- 
 charge the duties of the offices to which they have been 
 respectively elected or appointed, notAvithstanding their re- 
 moval, after their election or appointment, out of their re- 
 spective wards mto any other Avards of the city ; but they 
 shall not hold said offices after they have taken up their per- 
 manent residence out of the city. 
 
 SECr. 35. The mayor, aldermen, and common council- 
 men, on the first Monday in January, or before entering on 
 the duties of their offices, shall take and subscribe the oath 
 of allegiance and oath of office prescribed in the constitution 
 of this commonwealth, and an oath to support the constitu- 
 tion of the United States.; the oaths may be admin- 
 istered to the mayor-elect by either of the justices of the 
 supreme judicial court, or a judge of any court of record, 
 or by a justice of the peace for the county of Sufiblk ; the 
 oaths of the aldermen and members of the common council 
 shall be administered by the mayor, being himself first sworn 
 as aforesaid, or by either of the persons authorized to admin- 
 ister the oaths to the mayor ; a certificate of such oaths 
 having been taken shall be entered in the journal of the board 
 of aldermen, and of the common council respectively, ' by 
 their respective clerks. 
 
 Sect. 36. In case of the absence of the mayor-elect on 
 the first Monday of the January after his election, or of his 
 inability from illness or otherAvise to enter upon the duties of 
 his office at that time, the oaths of office shall be administered 
 to the new members of the board of aldermen and of the 
 common council ; and the city government shall be organ- 
 ized, and may proceed to business, in the same manner as if 
 the mayor were present. 
 
 Sect. 37. On the first Monday in January, annually, or 
 as soon thereafter as a majority of the full board of aider- 
 men shall be qualified • as herein provided, or AAffienever 
 thereafter a vacancy in the office may occur, the members, 
 
11 
 
 not less than a quorum, shall meet and organize by the 
 choice of a permanent chairman, who shall be called the 
 chairman of the board of aldermen, and preside at all meet- 
 ings of the board, and at conventions of the two branches in 
 the absence of the mayor. Seven members of the board shall 
 constitute a quorum for the transaction of business, but a 
 less number may adjourn from time to time ; their meetings 
 shall be public. 
 
 Sect. 38. The common council shall act as a separate 
 body, distinct from the board of aldermen ; a majority of the 
 members shall constitute a quorum for the transaction of 
 business, but a less number may adjourn ; their meetings shall 
 be public. 
 
 Sect. 39. On Ihe first Monday in January, annually, 
 or as soon thereafter as a quorum of the members of the 
 common council shall have been duly qualified, as herein 
 provided, or whenever thereafter a vacancy in the ofiice 
 may occur, the members, not less than a quorum, shall meet 
 and organize by the choice of one of their own members to 
 preside at the meetings of the council ; he shall be called 
 the president of the common council; they shall choose a 
 clerk, who shall be sworn to the faithful discharge of the 
 duties of his office ; he shall hold such office during the 
 pleasure of the council, attend the council when it is in 
 session, keep a journal of its acts, votes and proceedings, 
 and perform such other services in said capacity as the 
 council may require. 
 
 Sect. 40. The mayor, chosen and qualified as herein pro- 
 vided, shall be the chief executive officer of the city; he 
 shall receive an honorable and adequate salary, to be fixed by 
 the city council. In the first instance the salary of the mayor 
 shall be fixed by the city council first elected under the pro- 
 visions of this act ; and thereafter no enlargement or diminu- 
 tion of his salary shall be made after the election of a mayor, 
 to take effect until the expiration of the term for which he 
 shall have been elected. The mayor shall receive no other 
 
12 
 
 compensation or emolument for services rendered the city / 
 during his term of office. 
 
 Sect. 41. It shall be the duty of the mayor to be vigilant 
 and active at all times in causing the laws for the govern- 
 ment of the city to be duly executed and put in force ; to 
 inspect the conduct of subordinate officers in the government 
 thereof, and, as far as may be in his power, to cause negli- 
 gence, carelessness, and violation of duty, to be prose- 
 cuted and punished. Whenever in his judgment the good of 
 the city may require it, he shall 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 suitable notice in writing of 
 such meetings shall be given to the respective mem- 
 bers of said board. He shall from time to time com- 
 municate to both branches of the city council such infor- 
 mation, and recommend such measures, as may tend to the 
 improvement of the finances, the police, health, security, 
 cleanliness, comfort, and ornament of the city. The mayor 
 may appoint such number of clerks and messengers in his 
 office as he may deem expedient, fix the compensation, and 
 remove them at pleasure. 
 
 Sect. 42. Every act of the city council, or of either 
 branch tli'ereof, shall be by ordinance, order, resolution, or 
 vote. Every ordinance, order, resolution, 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 or vote of either branch 
 involving the expenditure of money, or afiecting the public 
 intersts, shall be presented to the mayor ; if he approves 
 thereof, he shall signify his approbation by signing the same ; 
 but, if not, he shall return it, with his objections, to the branch 
 in which it originated, and the clerk thereof shall record such 
 objections ; and said branch shall proceed to reconsider said 
 ordinance, order, resolution, or vote ; and if, after such recon- 
 sideration, two-thirds of the members present, notwithstand- 
 
 s 
 
13 
 
 ing such objections, vote 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 it be also 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. If 
 any such ordinance, order, resolution, or vote shall not be 
 returned by the mayor to the clerk of the branch in which it 
 originated, within ten days after it shall have been presented 
 to him, the same shall be in force ; p'i't>vided, that if any or- 
 dinance, order, resolution, or vote embraces distinct sub- 
 jects the mayor may approve the provisions relating to one 
 or more of the subjects and not approve of the others ; and so 
 much of said ordinance, order, resolution, or vote as the mayor 
 may. not approve shall be reconsidered as above provided. 
 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 therein. 
 
 Sect. 43. Whenever, inconsequence of the death or res- 
 ignation of the mayor, or from any other cause, the office 
 shall have become vacant, and the l)oard of aldermen and the 
 common council shall each have declared by vote that the 
 office is vacant, and that it is expedient to fill it, the board 
 of aldermen shall issue warrants for the election of a mayor 
 for the remainder of the term for which the last mayor was 
 elected, and the same proceedings shall be had as are pro- 
 vided by law for the choice of a mayor by the inhabitants. 
 Until such vacancy is filled as aforesaid, and whenever the 
 mayor, from absence, illness or other temporary disability, 
 cannot perform the duties of the office, and such vacancy or 
 disability has been declared by the board of aldermen to 
 exist, the chairman of the board of aldermen shall exercise 
 the powers and perform the duties of mayor as long as such 
 vacancy or disability continues, but while so acting he ^hall 
 not be entitled to vote as a member of the said board. 
 
14 
 
 Sect. 44. In all cases where appointments made by the ^ 
 mayor are subject to approval by the city council, the 
 question upon approval shall he taken in the two branches 
 of the city council by yeas and nays. 
 
 Sect. 45. In all cases where anything is required or 
 authorized by any law or ordinance to he done by the mayor 
 and aldermen, the hoard of aldermen shall first act thereon ; 
 and every such order, resolution, or vote of said board shall 
 he presented to the mayor for his approval. 
 
 Sect. 46. In all c.ases wherein appointments to office are 
 directed by law to he made by the mayor and aldermen, they 
 shall be made by the mayor, with the approval of the board 
 of aldermen, and such officers may be removed by the mayor. 
 
 Sect. 47. The city council may provide by ordinance for 
 the appointment and removal by the mayor, subject to con- 
 firmation by either or both branches of the city council, of 
 all officers of the city, not otherwise provided for, and may 
 prescribe their duties and fix their compensation. 
 
 Sect. 48. The mayor shall forthwith communicate to the 
 city council all appointments to office made by him, or by 
 any boards, commissioners, or officers, with his approval. 
 
 Sect. 49. The city council may modify or repeal any of 
 the existing ordinances, and shall have power to make 
 such by-laws and ordinances, not inconsistent with the 
 laws of the commonwealth, as towns and cities have 
 power to make, and to annex penalties, not exceeding one 
 hundred dollars, for the breach thereof : which by-laws and 
 ordinances shall take efiect and be in force from and after 
 the time therein respectively limited, without the sanction or 
 confirmation of any court or other authority whatsoever. 
 The several boards, commissioners, and officers in the 
 city government shall be subject to the ordinances and orders 
 of the city council not inconsistent with the provisions of 
 this act. 
 
 Si^CT. 50. The city council shall have power from time 
 to time, through the agency of the board of assessors 
 
15 
 
 to levy and assess taxes for all purposes for which towns, 
 cities, and counties are by law required or authorized to 
 assess and grant money. 
 
 Sect. 51. The city council shall make all appropriations 
 of public money ; and, consistently with other provisions of 
 this act, provide for the disbursement thereof. 
 
 Sect. 52. No member of the city council shall hold, or be 
 appointed to, any office, the salary of which is payable out of 
 the city treasury. 
 
 Sect. 53. Every department of the city government, the 
 school committee, and all officers having authority to expend 
 money on behalf of the city, shall annually, in the month of 
 January, furnish to the auditor an estimate, in detail, of the 
 amount of money required for the purposes of their respec- 
 tive departments and offices for the next financial year. 
 
 Sect. 54. The appropriations for each department and 
 office of the city shall define, as far as practicable, the specific 
 purposes for which the money appropriated is to be expended. 
 No expenditure, nor any contract or agreement involving the 
 payment of money, shall be made in any department or 
 office, or by any board, commissioner or officer for the city, 
 for any purpose not included in the appropriation made by 
 the city council, or in excess of the appropriation so made, 
 unless by a vote of two-thirds of the whole of each branch of 
 the city council previously obtained. 
 
 Sect. 55. No transfer of appropriations from one depart- 
 ment or office to another, or from one specific object to 
 another, in the same department or office, shall be made 
 without the consent of the city council. 
 
 Sect. 56. No money shall be paid out of the treasury of 
 the city unless the same shall be for an expenditure expressly 
 authorized by law, and the bill, account or contract for the 
 same shall have been approved by the board, commissioners, 
 trustees, committee or person under whose authority it has 
 been authorized and made, nor unless the same has been ex- 
 
16 
 
 amined and certified by the auditor, approved by a commit- / 
 tee of the city council, and drawn for by the mayor. 
 
 Sect. 57. The supplies required in the several depart- 
 ments shall, unless otherwise provided, be purchased by the 
 board, commissioners or otficers having charge of the same, 
 under such rules and regulations as the city council may 
 prescribe ; but no purchase or contract shall be made on ac- 
 count of the city exceeding in amount five thousand dollars, 
 unless with the approval of the city council. 
 
 Sect. 58. When the materials, supplies and labor required 
 for the completion of any contemplated purpose or object are 
 estimated to cost five thousand dollars or more, the officers 
 having the same in charge shall, unless otherwise ordered 
 by the city council, make public advertisement for pro- 
 posals to furnish said materials, supplies and labor, under 
 such regulations as the city council may, by ordinance, pre- 
 scribe. All such proposals shall be publicly opened at a 
 time and place to be named in such advertisement. A 
 bond, with sureties or security, satisfactory to the oflSlcers 
 so advertising, shall, in all cases, be required for the faithful 
 performance of any contract for materials, supplies or labor • 
 awarded under such advertisement, and said contract shall be 
 deposited with the auditor. A specification, in detail, of the 
 contracts for which proposals are requested, and the names 
 of the persons to whom the contracts are awarded, with the 
 terms of the same, shall be recorded in books kept for the 
 purpose, and shall be open to inspection by the public, under 
 such rules as the city council may prescribe. 
 
 Sect. 59. The city council shall prescribe by ordinance, 
 the manner in which, and the officers through whom, the 
 fuel required for the school-houses and the several depart- 
 ments and offices of the city government shall be purchased. 
 
 Sect. 60. No land belonging to the city shall be given 
 away ; and no property belonging to the city, either real or per- 
 sonal estate, the estimated value of which shall exceed one 
 
17 
 
 thousand dollars, shall be sold, except by public auction, unless 
 otherwise ordered by the city council. The city council 
 shall, by ordinance, prescribe such regulations for the public 
 advertisement and sale of such property as they may deem 
 expedient, not inconsistent with the foregoing provisions. A 
 statement of all property sold, both real and personal, 
 belonging to the city, shall be made to the auditor, and 
 payment for the same shall be made by the purchaser to the 
 city treasurer. 
 
 Sect. 61. No loan, pledging the credit of the -city for a 
 term of years, shall be made for a less amount than one 
 hundred thousand dollars. 
 
 Sect. 62. Whenever a street or way of the city is laid 
 out, extended, widened, paved or repaired, the cost of the 
 same, if less than one hundred thousand dollars, shall be paid 
 from the appropriations for the current financial year ; and 
 whenever a building is erected, purchased, or repaired, or a 
 parcel of land is purchased or taken in accordance with law, for 
 the purposes of the city, except for the water department, 
 the cost of the same, if less than one hundred thousand dol- 
 lars, shall be paid from the appropriation for the current 
 financial year ; provided, however, that by a vote of two-thirds 
 of the whole of each branch of the city council, a temporary 
 loan for a term not exceeding one year, for a purpose author- 
 ized by law, may be made for any amount so voted ; and the 
 payment of the said temporary loan shall be provided for by 
 including the amount thereof in the sum to be raised by tax- 
 ation in the next financial year. 
 
 Sect. 63. Whenever it is declared, by a vote of two- 
 thirds of the whole of each branch of the city council, that a 
 necessity exists, and it is expedient for the city to borrow, 
 upon a pledge of its credit for a term of years, a sum of 
 money to be expended for purposes authorized by law, then 
 and not otherwise, upon such conditions as the city council 
 may prescribe, bonds or , certificates of indebtedness of the 
 
18 
 
 city may be issued to the amount so voted by the city coun- 
 cil ; said bonds or certificates of indebtedness shall be signed 
 by the mayor, treasurer and auditor of the city ; shall be 
 payable in either ten, twenty, or thirty years from their date, 
 at the option of the city council, and shall bear interest, 
 payable on the first days of January and July, or of April 
 and October, in each year. 
 
 Sect. 64. For all bonds or certificates of indebtedness of 
 the city, payable in ten years from their date, there shall be 
 included in the annual appropriation, and raised by taxation, 
 for each of the succeeding ten years, a sum of money equal 
 to eight per centum of the amount of said bonds or certificates 
 as a sinking fund for the payment of the same. For all bonds 
 or certificates of indebtedness of the city, payable in twenty 
 years from their date, there shall be included in the annual 
 appropriation to be raised by taxation, for each of the twenty 
 years, a sum of money equal to four per centum of the amount 
 of said bonds or certificates, as a sinking fund for the pay- 
 ment of the same. For all bonds or certificates of indebted- 
 ness payable in thirty years from their date, there shall be 
 included in the annual appropriation and raised by taxation, 
 for each of the succeeding thirty years, a sum of money equal 
 to two per centum of the amount of said bonds or certificates, 
 as a sinking fund for the payment of the same. 
 
 Sect. 65. The sums of money so raised by taxation for 
 the said sinking funds shall be paid by the treasurer to the 
 commissioners of the sinking funds annually on the first day 
 of December. 
 
 Sect. 66. All the money received for betterments, or for 
 the sale of lands and buildings belonging to the city, not other- 
 wise appropriated, shall be paid by the treasurer, monthly, 
 to the said commissioners, to the credit of the general sinking 
 fund, as herein provided, so long as it exists. 
 
 Sect. 67. The income, if any, received in excess of the 
 
19 
 
 estimates of income ; and the excess, if any, of the appropri- 
 ations as provided in the annual appropriations by the city 
 council over the expenditures shall, at the end of each finan- 
 cial year, be paid by the treasurer to said commissioners, 
 to the credit of the tax to be raised for the ensuing year, 
 for the purposes of the sinking funds ; and the remainder of 
 the amount to be raised each year by taxation, for the pur- 
 poses of the sinking funds, and for the payment of 
 interest on the debt, after making allowance for said 
 credit, if any, shall annually, in the month of Janu- 
 ary, be certified to the auditor, by the commissioners 
 of the sinking funds, and shall be part of the amount to 
 be raised by taxation, and shall not be subject to change 
 by the city council ; jprovided, that whenever in the judg- 
 ment of the commissioners the amount of either of the 
 sinking funds has already become, or with its prospective 
 accumulations and additions will be, sufficient to redeem or 
 pay at maturity the outstanding bonds or certificates of in- 
 debtedness of the city to which it is applicable, they may 
 omit so much of the tax applicable to said sinking fund in 
 their annual certificate to the auditor as they may deem 
 expedient. 
 
 Sect. 68. All of the sinking funds now existing for the 
 payment of the bonds issued under them, to the maintaining 
 of which the honor or good faith of the city of Boston is 
 pledged, shall be maintained as originally provided. 
 
 Sect. 69. The surplus, if any, of the special sinking funds 
 now in existence, after the payment of the bonds for which 
 they were created, shall be transferred to a fund, to be called 
 the "General Sinking Fund,” which fund shall be for the 
 payment of any of the bonds now outstanding against the city. 
 The remainder of said general sinking fund, if any, after 
 all the bonds now outstanding against the city are paid, shall 
 be transferred to the other sinking funds, in such propor- 
 tions as said commissioners may deem just and equitable. 
 
20 
 
 Sect. 70. The mayor, the chairman of the board of aider- 
 men, the president of the common council, the treasurer, 
 and the auditor, together with two persons, not members of 
 the city council, to be appointed by the mayor, with the 
 approval of the city council, to serve without compensa- 
 tion, for the term of three years, shall constitute the board 
 of commissioners of the sinking funds, for the payment of 
 the city debt. The present sinking funds of the city, and 
 those created by this act, shall be under the control and 
 management of said commissioners. The mayor shall be 
 chairman, the auditor of the city secretary and auditor, 
 and the treasurer of the city shall be treasurer of said 
 board. The secretary shall keep a record of the doings 
 of the con^missioners at their meetings, which shall state the 
 names of those present ; and no business shall be transacted 
 unless four of said commissioners are present at the meeting. 
 
 Sect. 71. The money which comes into the possession 
 of the said commissioners from any source, to add to a sink- 
 ing fund, shall be invested by them in the particular bonds 
 for the redemption of which said sinking fund was estab- 
 lished, whenever said bonds can be bought at par and accrued 
 interest or less ; and they may invest in said bonds, at a 
 higher price than par and accrued interest, whenever .they 
 may deem it expedient so to do. Said purchased bonds shall 
 be immediately cancelled, and the city treasurer shall give in 
 exchange therefor registered bonds or certificates of a like 
 amount, payable to said commissioners and to no other per- 
 sons, and specifying the particular fund to which they belong, 
 so that said bonds or certificates cannot be negotiated nor 
 diverted from the particular fund of which they form a part. 
 Said bonds or certificates shall be payable at the same time, 
 and bear interest on the same terms as said cancelled bonds. 
 
 If said bonds cannot be obtained as above, the commis- 
 sioners may invest in bonds of any of the New England 
 
21 
 
 States, bonds of the United States, or of any of the cities 
 and towns of this Commonwealth, and in no other way. 
 
 Sect. 72. The commissioners of the sinking funds may 
 sell, at their discretion, any of the securities held by them in 
 the sinking funds. 
 
 Sect. 73. Separate accounts shall be kept with each fund, 
 and the money and securities belonging to each shall be kept 
 distinct, and the bonds or certificates of indebtedness held 
 by said commissioners shall, as far as practicable, be 
 registered. 
 
 Sect. 74. The money belonging to the sinking funds shall 
 be deposited in such banks in the city of Boston as the com- 
 missioners may approve ; and all drafts or checks for money 
 from said banks on account of the sinking funds shall be 
 signed by the treasurer, and countersigned by the chairman 
 or auditor. 
 
 Sect. 75. When a bond or certificate of indebtedness of 
 the city is paid, or registered certificates are given in 
 exchange for coupon bonds, or a certificate is exchanged 
 for any cause, the bonds or certificates so paid, or received 
 in exchange, shall be immediately cancelled by the treas- 
 urer, by mutilation and defacement, and delivered to the 
 auditor, who shall make a record of the bonds so cancelled, 
 giving their date, number, and amount in a book kept for 
 the purpose. 
 
 Sect. 76. When all the bonds hereafter issued, payable 
 in either ten, twenty, or thirty years, are paid, the remain- 
 der, if any, of the sinking fund made for the redemption of 
 that class of bonds for which it was established, shall be 
 transferred to the treasurer for the general purposes of the 
 city. 
 
 Sect. 77. The commissioners annually, in the month of 
 May or June, shall make a report to the city council, giving 
 a statement in detail of the condition of each fund on the 
 thirtieth day of April next preceding ; and shall, from time 
 
22 
 
 to time, prepare such other reports, statements, or accounts 
 for the use of the city council, as they may require. 
 
 Sect. 78. The city council shall make appropriation, 
 annually, for the payment of the treasurer, the secretary of 
 said commissioners, and such clerical and office expenses as 
 may be necessary for the proper care and management of the 
 several funds. 
 
 THE CITY CLERK. 
 
 Sect. 79. The aldermen and common council in conven- 
 tion 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 keep a journal of the acts and pro- 
 ceedings of the board of aldermen, sign all warrants issued 
 by them, and do such other acts, in his said capacity, as may 
 lawfully and reasonably be required of him. He shall have 
 the care and custody of the city records, and of all docu- 
 ments, maps, plans, and papers, respecting the care and 
 custody of which no other provision is made. 
 
 Sect. 80. The city clerk, ‘ with the approval of the 
 board of aldermen, shall annually appoint an assistant city 
 clerk, to aid him in discharging the duties of the office ; in 
 case of a vacancy in the office of clerk, or of the absence or 
 inability of the clerk to perform his duties, said assistant 
 shall have the powers and perform the duties of the city 
 clerk. 
 
 Sect. 81. The city clerk shall fix the compensation of 
 the assistant city clerk, and shall appoint and fix the com- 
 pensation of all other clerks and assistants in his office, and 
 may remove them at any time. 
 
 Sect. 82. The city clerk and assistant city clerk shall 
 lake and subscribe an oath for the faithful discharge of their 
 duties. 
 
23 
 
 THE CITY TEEASUEER. 
 
 Sect. 83. The city council shall, in the month of May or 
 June, 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 hold his office until his successor is chosen and 
 qualified in his stead. He shall be the custodian of all money, 
 bonds, certificates of indebtedness, notes and mortgages be- 
 longing to the city or county. He shall give bond for the 
 faithful performance of his duties, and for the safe custody of 
 the money and other property intrusted to him and to the 
 officers appointed by him, with sureties, satisfactory to the 
 mayor and aldermen, for such an amount as may be deemed 
 proper by the city council. He shall appoint all the officers, 
 clerks, and other persons employed in his office, prescribe 
 their duties, fix their compensation, and may remove them at 
 pleasure. 
 
 Sect. 84. The treasurer shall be collector of taxes for 
 the city of Boston and county of Sufiblk, and shall have 
 all the powers given to, and perform all the duties imposed 
 by law upon, treasurers when collectors of taxes ; and shall 
 have all the powers and perform the duties authorized or re- 
 quired by law from the treasurer of the city of Boston, and 
 of and from treasurers of cities or towns, except so far as 
 they may be modified or changed by this act. 
 
 Sect. 85. The mayor, twice within each financial year, 
 shall appoint three members of the city council to examine, 
 without previous notice, the accounts of the city treasurer, 
 and the money, securities, and property of every kind in his 
 possession, belonging to the city of Boston and the county 
 of Sufiblk, and report the result of such examination in writr- 
 ing to the city council. 
 
 Sect. 86. The treasurer shall deposit the money belong- 
 ing to the city and county in such banks in Boston as he 
 
24 
 
 may select, subject to approval by the commissioners of the 
 sinking fund. 
 
 THE AUDITOR OF ACCOUNTS. 
 
 Sect. 87. There shall be appointed, in the month of May 
 or June, annually, by concurrent ballot in each board, one 
 able and discreet person to be styled auditor of accounts ; he 
 shall continue in office until removed, or until a successor is 
 appointed. The auditor shall appoint the clerks in his office, 
 fix their compensation, prescribe their duties, and may re- 
 move them at pleasure. He shall take and subscribe an 
 oath, before the city clerk, for the faithful performance of 
 his duties. 
 
 Sect. 88. Whenever the office of auditor of accounts shall 
 be vacant by death, resignation, or other cause, and when- 
 ever 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 
 tempore, 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 dis- 
 charge of the duties thereof ; but no official bond shall be re- 
 quired of him unless the same be ordered by the mayor. 
 
 Sect. 89. All bills and accounts due from the city and 
 county, approved in accordance with the requirements of 
 this act, shall be presented to the auditor, who shall exam- 
 ine them in detail ; if he believes them to be just and true 
 claims against the city or county, and in conformity with 
 law and the ordinances of the city, and if pa^mient is provided 
 therefor in the appropriations by the city council, he shall re- 
 cord them and certify them for payment. Before certifying any 
 
4 
 
 25 
 
 claim the auditor may require any fact he deems material in 
 relation thereto to be proved on oath or otherwise. 
 
 Sect. 90. It shall be the duty of the auditor to lay be- 
 fore the city council annually, in the month of February, an 
 estimate of the amount of money necessary to be raised by 
 taxation for the ensuing year, giving in detail the amount of 
 appropriation required for each department and office of the 
 city government, with an estimate of the income of the city 
 from all sources, except taxes, and to furnish such estimates 
 as may be requested by the mayor and city council, or either 
 of them. 
 
 Sect. 91. The auditor shall keep a record of all the real 
 estate owned by the city, and of the bonds, notes, mortgages, 
 and all other property in the custody of the treasurer, and 
 shall, in a book kept for the purpose, charge in account to 
 , the treasurer the amount of taxes placed in his hands for 
 collection. The treasurer shall annually, on or before the 
 fifteenth day of May, send to the auditor a statement of the 
 bonds, notes and mortgages in his possession on the thirtieth 
 day of April preceding, and of the payments received upon 
 the same during the preceding financial 3*ear. 
 
 Sect. 92. The auditor shall be custodian of the deeds, 
 leases, releases, conveyances, agreements, and other legal 
 papers for the care of which no other provision is made ; 
 and he shall also be custodian of the bonds of all the city 
 officers except his own, which shall be deposited with the 
 treasurer. 
 
 Sect. 93. It shall be the duty of the auditor to publish 
 and distribute among the citizens, at the close of each 
 financial year, a statement in detail of the receipts and 
 expenditures of all public money, and of all city property. 
 
 Sect. 94. The auditor annually, in the month of Jan- 
 uary or February, shall report to the city council in print a 
 list of all persons, except day-laborers, who, on the first 
 Monday of January, were receiving salaries from the city. 
 
26 
 
 giving the name and residence of each person, the duties 
 performed, and the rate of compensation allowed therefor. 
 
 BOARDS AND DEPARTMENTS. 
 
 Sect. 95. There shall be the following boards and depart- 
 ments in the city government, viz. : — 
 
 The Public School Department. 
 
 The Assessors’ Department. 
 
 The Law Department. 
 
 The Police Department. 
 
 The Street Department. 
 
 The Department of Buildings and Lands. 
 
 The Water Department. 
 
 The Health Department. 
 
 The Fire Department. 
 
 The Department of Public Institutions. 
 
 The Department of Overseers of the Poor. 
 
 The City Hospital Department. 
 
 The Public Library Department. 
 
 The Department of Public Grounds. 
 
 The Board of County Accounts. 
 
 THE PUBLIC SCHOOL DEPARTMENT. 
 
 Sect. 96. The qualified voters of each ward shall, at the 
 annual election occurring in the year eighteen hundred and 
 seventy-five, choose two persons to be members of the school 
 committee, to serve without compensation. The person who 
 shall receive the largest number of votes, or, in case both 
 persons elected shall have received the same number of votes, 
 the person who is senior by age, shall hold the office for 
 four years, and the other person so elected shall hold the 
 office for two years ; and at the annual election occurring 
 each second year thereafter, one person shall be chosen in 
 
27 
 
 each ward to be a member of the school committee for the 
 term of four years, \7acancies in the board shall be filled in 
 the manner provided by law. The persons elected as afore- 
 said in the year eighteen hundred and seventy-five shall enter 
 upon their duties on the first Monday in January in the year 
 eighteen hundred and seventy-six, and the terms of office of 
 the members of the existing board shall then terminate. 
 
 Sect. 97. The school committee shall meet and organize 
 on the Tuesday next after the first Monday in January in 
 each year, at such hour as the mayor may appoint, and 
 choose one of their number as chairman. They shall choose 
 a secretary, not of their own number, an auditing clerk, and 
 such other subordinate officers as they may deem expedient ; 
 they shall define their duties, fix their compensation, and may 
 remove them at pleasure. 
 
 Sect. 98. The school committee shall have authority to 
 decide upon all questions relative to qualifications, elections 
 and returns of their members. A majority of the whole of 
 the school committee shall constitute a quorum for the trans- 
 action of business. • 
 
 Sect. 99. During the month of February, in the year 
 eighteen hundred and seventy-six, the mayor shall, with the 
 .approval of the school committee, appoint six persons, who 
 shall constitute a board of examiners of the applicants for 
 the position of teachers in the public schools, and of the 
 pupils therein. Two of the members of said board shall be 
 appointed for one year, two for two years, and two for three 
 years. And annually thereafter the mayor shall appoint, 
 with like approval, two persons to be members of said board 
 of examiners for the term of three years. Said board annu- 
 ally, on the first day of March, shall organize by the choice of 
 one of their number as chairman, and choose a clerk, pre- 
 scribe his duties, fix his compensation, and they may remove 
 him at pleasure. The compensation of the examiners shall 
 
28 
 
 be fixed by the school committee, but shall not be less than 
 the highest sum paid to any teacher in the employment of the 
 city. No member of either branch of the city council, or 
 of the school committee, or any one holding office under 
 either of said bodies, shall hold ojffice as one of the board 
 of examiners. 
 
 Sect. 100. The examinations of teachers shall be con- 
 ducted in writing, as far as practicable, and oral examinations 
 shall always be in presence of a majority of the board ; the 
 board shall make inquiry as to the character, training, 
 health, capacity and experience ot every applicant, and shall 
 keep a complete record of such examination, with the 
 names of the members present and the result of said inquiry, 
 which, together with the examination papers, shall at all times 
 be open to the inspection of the school committee. If the re- 
 sult of the examination and inquiry as to the qualifications of 
 the applicant for the position of teacher is satisfactory, a cer- 
 tificate, signed by a majority of the board of examiners, shall 
 be given to the applicant, in which shall be particularly de- 
 fined the gaade of school and the position in which the appli- 
 cant is qualified to teach ; said certificate shall be good for 
 two years from its date. 
 
 Sect. 101. After the first day of September in the year . 
 eighteen hundred and seventy-six, all teachers of the public 
 schools of the city shall be elected by the school committee, 
 from those having such certificates, to serve for a term of 
 three years ; and no teacher shall be elected, or advanced to 
 fill a position above that defined in his, or her, certificate, 
 without further examination, and a new certificate, of his, or 
 her, qualifications and ability to fill such position ; provided, 
 however, that the board of examiners may give a certificate of 
 qualification for the grades of head-master of either of the 
 High, Latin or Normal schools, or of teacher of a special* 
 study or exercise, to any person who in their unanimous 
 
29 
 
 opinion is qualified therefor, without said previous examina- 
 tion. 
 
 Sect. 102. The board of examiners, by a committee of one 
 or more of its members, shall visit, at least twice in each year, 
 without previous notice, each of the schools under the charge # 
 of the school committee, examine the pupils in the same, and 
 inquire as to the government, discipline, studies, and course 
 of instruction, and as to the condition of the school-house. 
 
 The board, at least once during each year, shall report in 
 writing to the school committee in detail the result of such 
 inquiry and examination of each school, with such sugges- 
 tions and recommendations as they may deem proper and 
 expedient for the improvement and better regulation of 
 the schools. The board, upon the request of the school 
 committee, shall make special examination and inquiry as 
 to the condition, progress and needs of either of the schools, 
 and report the result to the school committee. 
 
 Sect. 103. If the board of examiners have reason to 
 suppose that the character, qualifications or capacity of any 
 teacher now in office, or who maybe hereafter elected, is be- 
 low the standard which they have adopted for the position 
 filled by said teacher, they shall examine said teacher ; and if 
 he, or she, be found deficient, report their decision to the 
 school committee, who may remove the said teacher. No 
 person removed shall again be elected until he, or she, has 
 again obtained a certificate from the board of examiners. 
 
 Sect. 104. The school committee shall provide for the 
 appointment of temporary teachers from among those who 
 have the proper certificates. 
 
 Sect. 105. No teacher, elected or appointed after the first 
 day of September, in the year eighteen hundred and seventy- 
 six, shall be paid for his or her services by the city, who has 
 not filed with the auditor copies of his or her certificate of 
 examination, and of election or appointment. 
 
30 
 
 Sect. 106. The salaries of the teachers, and of all other 
 persons employed by the school committee, and the expenses 
 of said committee, shall be fixed and approved by the com- 
 mittee and certified by the auditing clerk, before being certi- 
 % fied for payment by the auditor ; no money shall be received 
 or expended by the school committee except through the 
 treasurer of the city. 
 
 Sect. 107. The school committee shall have the super- 
 vision and direction of the public schools, and shall have the 
 powers and perform the duties in relation to the care and 
 management of schools which the selectmen of towns or 
 school committees are now authorized or required by law 
 to perform, except so far as they may be changed or modi 
 fied by this act. They may elect teachers, in conformity with 
 the provisions of this act, and may discharge those now in 
 oflSce, as well as those hereafter elected. They may appoint 
 janitors for the school-houses, fix their compensation, assign 
 their duties, and may discharge them at pleasure. 
 
 Sect. 108. The board of examiners shall exercise the 
 powers, and perform the duties, prescribed by law or ordi- 
 nances of the city, or by the existing rules and regulations of 
 the school committee for the superintendent of schools, not 
 inconsistent with the provisions of this act, and so far as the 
 same are applicable ; and also those of the school committee 
 in reference to prescribing the courses of study for the sev- 
 eral schools, and the introduction therein of new text-books 
 and of new studies and exercises ; provided^ however^ before 
 any change is made of a book in use, or any new study or 
 exercise is introduced into any school by the board of ex- 
 aminers, they shall make a statement in writing to the school 
 committee of their reasons for proposing such change, new 
 study, or exercise ; and the same shall not be made or intro- 
 duced until it shall have been approved by the school com- 
 mittee by vote ; and such a vote of approval shall not be 
 passed, nor shall any agreement or contract be made for fur- 
 
31 
 
 nishing a new book or new edition of a book, for any school, 
 until an estimate of the number of books required, and of 
 the cost thereof, shall have been reported in writing to the 
 school committee, by a committee thereof. 
 
 Sect. 109. The school committee shall have power to 
 contract for text-books and books of references, and such maps 
 charts and instruments as may be required for use in the 
 schools, when the same have been recommended by the board 
 of examiners and approved by the school committee as 
 ' herein prescribed. 
 
 Sect. 110. The mayor, with the approval of the school 
 committee, shall appoint two or more truant officers, who 
 shall perform the duties of said office as required by law, the 
 ordinances of the city, or rules of the school committee. The 
 compensation of said officers shall be fixed by the school 
 committee, with the approval of the mayor. Said officers 
 shall make quarterly reports in detail of their doings to . the 
 school committee, and may be removed from office by the 
 mayor. 
 
 THE assessors’ DEPARTMENT. 
 
 Sect. 111. The mayor, with the approval of the city 
 council, shall appoint, in the month of January in the 
 year eighteen hundred and seventy-six, five persons to 
 constitute the board of assessors of taxes in the city of 
 Boston; and annually thereafter the mayor shall appoint, 
 in the month of January, with like approval, five persons as 
 assessors for the term of one year. The assessors shall 
 meet and organize, annually, on the first Monday of February, 
 by the choice of a chairman and clerk. 
 
 Sect. 112. All the powers and duties vested by law and 
 ordinance in, or exercised by, assessors of towns and cities, 
 shall be vested in, and exercised by, said assessors, except 
 so far as the same are changed by the provisions of this 
 act. 
 
32 
 
 Sect. 113. In the month of February, in each year, the 
 territory of the city shall be divided, by the assessors, with 
 the approval of the city council, into as many assessment * 
 districts as the convenient despatch of business may, in their 
 judgment, require. 
 
 Sect. 114. In the month of February, in the year 
 eighteen hundred and seventy-six, the assessors shall ap- 
 point, with the approval of the city council, as many 
 persons to be first assistant assessors as there are assess- 
 ment districts in the city, to hold ofi&ce for one year ; and, 
 annually thereafter, they shall appoint, in like manner, for 
 the term of one year, a number of persons to be first 
 assistant assessors, equal to the number of assessment dis- 
 tricts. 
 
 Sect. 115. The first assistant assessors shall be subject 
 to the supervision and direction of the assessors, and shall 
 render such services in the assessment of taxes, and in other 
 duties appertaining thereto, as may be required by them. 
 
 Sect. 116. The assessors and first assistant assessors 
 shall constitute a board, to be presided over by the chairman 
 of the assessors, whose duty it shall be to estimate the 
 amount of personal estate for which each person shall be 
 assessed, who has failed to render a list of his personal estate 
 liable to taxation by the city, according to law ; but the esti- 
 mate of said board shall not be conclusive or binding upon 
 the assessors. 
 
 Sect. 117. In the month of March, annually, the assess- 
 ors, with the approval of the city council, shall appoint 
 a suitable person to act as second assistant assessor for each 
 assessment district. Said second assistant shall be a resident 
 of the ward of which the assessment district for which he is 
 appointed forms a part. The first and second assistants may 
 be removed at any time by the assessors, with the approval 
 of the board of aldermen. ’ It shall be the special duty of 
 the second assikant asssessors to aid the first assistants in 
 
33 
 
 the work of estimating the value of the real estate situated 
 within the districts for which they are respectively appointed ; 
 and they shall render such other services appertaining to 
 their office as may, from time to time, be required of them 
 by the assessors, or first assistant assessors. 
 
 Sect. 118. The assessors annually, on or before the 
 fifteenth day of May, shall send to the auditor a statement 
 of the amount of tax bills left with the treasurer for collec- 
 tion during the preceding financial year, and of the amount 
 of abatements thereon. 
 
 Sect. 119. The board of assessors and first assistant 
 assessors shall. prepare, annually, in the month of March, in 
 the manner required by law of the selectmen of towns, a list 
 of inhabitants of the city, well qualified to serve as jurors, 
 which list, on or before the first day of April in each year, 
 they shall transmit to the city clerk, who shall duly post the 
 same in the manner required by law. The said list, after being 
 duly posted, shall be submitted by said clerk to the city 
 council for revision, and either branch, may, by vote, strike 
 any names from the list, but no name shall be added thereto. 
 In case of the neglect of the city council, or of either branch 
 thereof, to complete the revision of said list within thirty 
 days from its submission, the names then remaining thereon 
 shall be placed in the jury-box by the city clerk, in the 
 manner required by law, and the jurors shall be drawn by 
 the board of aldermen upon the warrants of the courts. 
 
 Sect. 120. The board of aldermen shall have and exercise 
 the powers in relation to the abatement of taxes now given 
 by law to the street commissioners of Boston. 
 
 the law department. 
 
 Sect. 121. The law department shall consist of a city 
 solicitor, and such number of assistant solicitors as the city 
 council may, from time to time, determine. 
 
34 
 
 Sect. 122. The mayor, with the approval of the city 
 council, shall appoint one person, a counsellor-at-law, to be 
 the city solicitor for the term of one year. 
 
 Sect. 123. The city solicitor, on or before the first day 
 of June in each year, shall appoint, with the written approval 
 of the mayor, such number of assistant solicitors as the city 
 council may determine. They shall be counsellors-at-law, 
 and hold oflSce for one year from the first day of June in the 
 year for which they are appointed, and until their successors 
 shall be appointed and qualified, unless sooner removed by 
 the city solicitor, with the written consent of the mayor. 
 
 Sect. 124. The city solicitor shall be the head of the law 
 department, and shall have the charge and direction of the 
 same. He shall give legal opinions and advice upon any 
 subject or question submitted to him by the mayor, the board 
 of aldermen, the common council, or any committee of the 
 city council, or of either branch thereof, or by any officers 
 of the city government in regard to their official duties. 
 
 Sect. 125. It shall be the duty of the city solicitor and 
 assistant solicitors to commence, prosecute and defend all 
 actions, suits and claims in any court or other tribunal in 
 which the rights or interests of the city are involved, 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, ordi- 
 nance, act, or direction of the city government may be 
 brought in question ; they shall perform such other profes- 
 sional duties as may be required of them by the mayor, the 
 city council, or either branch thereof, and generally shall 
 appear as counsel whenever the interest and welfare of the 
 city may be directly or incidentally affected. 
 
 Sect. 126. It shall be the duty of the city solicitor and 
 assistant city solicitors to examine titles to property, to 
 draft bonds, deeds, obligations, contracts, leases, convey- 
 ances, agreements, and other legal instruments which may 
 
35 
 
 be required by any ordinance or order of the city council, 
 or either branch thereof, or by any department of the city 
 government. There shall be one assistant city solicitor, 
 whose special duty it shall be to collect, by suit or other- 
 wise, all the over-due debts, bills, or claims of the city ; it 
 shall be the duty of the city treasurer to render to him 
 monthly a statement in detail of such over-due debts, bills, 
 and claims for collection ; and all money collected by him 
 shall be paid monthly or oftener to the treasurer. 
 
 ’ Sect. 127. All legal taxable costs, received by the law 
 department from the adverse party in suits and prosecutions, 
 shall annually be paid over to the city treasurer. 
 
 Sect. 128. The city solicitor shall, annually, within thirty 
 days after his election, appoint a clerk, a certificate of whose 
 appointment he shall file in the ofllce of the city clerk. The 
 clerk shall hold his oflcice for one year from 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 may be filled for an unexpired 
 term in the same manner as the original appointment. The 
 said clerk shall copy all papers which the solicitor or assist- 
 ant 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. 
 
 THE POLICE DEPARTMENT. 
 
 Sect. 129. The mayor shall at all times have the control 
 and direction of the police force of the city. 
 
 Sect. 130. The mayor, with the approval of the city coun- 
 cil, shall appoint three persons to be commissioners of po- 
 lice, one for one year, one for two years, and one for three 
 
36 
 
 years ; and shall, annually thereafter, with like approval, 
 appoint one commissioner of police for three years. 
 
 Sect. 131. The mayor, upon nomination by the commis- 
 sioners, if he approve thereof, shall appoint the chief of 
 police, and all subordinate officers, to hold office until va- 
 cated by death, resignation or removal; and such officers 
 may be removed by the mayor upon the recommendation of 
 the commissioners. The chief of police and the subordinate 
 officers when so appointed shall have all the powers, assume 
 all the liabilities and obligations and perform all the duties 
 prescribed by law, or the ordinances of the city, for such 
 officers, so far as consistent with the provisions of this act. 
 The commissioners shall prescribe the duties of the officers 
 and members of the department. The number and compen- 
 sation of the officers of each grade shall be fixed by the city 
 council, and an estimate of the number required shall be 
 contained in the annual estimate of the commissioners. 
 
 Sect. 132. The mayor, when he deems it necessary or ex- 
 pedient, may appoint, from persons nominated by the com- 
 missioners of police, such number of temporary policemen 
 as occasion may require, fix their compensation and term of 
 service, and remove them at pleasure. 
 
 Sect. 133. The mayor, if he deem it expedient, upon 
 the written application of any responsible corporation or 
 person, may appoint suitable persons to be special police 
 officers, to serve without pay from the city, under such rules 
 and regulations as the commissioners of police deem expedi- 
 ent, with the power of police officers to preserve order, and to 
 enforce the laws and the ordinances of the city in and about 
 any railroad station or crossing, place of public amusement, 
 wharf, manufactory, or other locality specified in the applica- 
 tion ; provided, that such corporations or persons shall give 
 bond satisfactory to the counsel of the corporation, to be liable 
 to parties aggrieved by any official misconduct of such police 
 officer, to the same extent as for the torts of agents and ser- 
 
37 
 
 . vants in their employment. A record of such appointments 
 shall be kept in the office of the commissioners of police, and 
 any appointments so made may be revoked by the mayor at 
 any time. 
 
 Sect. 134. The commissioners of police shall make careful 
 examination and investigation as to the honesty, sobriety, 
 health, and other qualifications of persons nominated by them 
 for appointment by the mayor. No person shall be appointed 
 an officer or member of the police force, or as a constable of 
 the city, who is not a citizen of the United States; who has 
 not been a resident of, and paid taxes to, the city of Boston 
 for three years next preceding his appointment ; and who 
 cannot read and write understandingly in the English lan- 
 guage, ' 
 
 Sect. 135. The commissioners of police shall investigate 
 all complaints and charges against any of the members of 
 the police department, and if they find any member guilty of 
 a breach of the laws, or ordinances of the city, or of any of 
 the rules and regulations of the department, or unfit for the 
 position he occupies, they may recommend the mayor to re- 
 move him, or inflict the penalty provided by ordinance, or 
 by the rules and regulations of the department, as a punish- 
 ment for the fault. 
 
 Sect. 136, The mayor shall annually appoint such number 
 of constables as, in his opinion, the public service may re- 
 quire. No person shall be appointed constable unless, in 
 addition to the qualifications required of police officers, he 
 shall have attained the age of twenty-five years ; and he shall 
 give bond as required by law. 
 
 Sect. 137. In case of a riot within the city, the mayor 
 shall have the power to require the constables so appointed 
 to aid in the suppression of the same ; and while so engaged 
 they shall be under the control and direction of the chief of 
 police, and subject to the rules and regulations of the police 
 department. 
 
38 
 
 Sect. 138. The commissioners of police shall have the. 
 power to grant licenses for theatres, museums, exhibitions, and 
 other places of amusement, to every person exercising a trade 
 or calling within the city for which a license is required, and for 
 every purpose for which a license or permit is required with- 
 in the city and not otherwise provided for by this act. The 
 licenses and permits so granted shall be subject to revocation 
 by the mayor, with the consent of the board of aldermen. 
 
 Sect. 139. The commissioners of police, before granting 
 licenses for any public exhibition or place of amusement, 
 shall require from the inspector of buildings a certificate that 
 the buildings and halls to be used for the purpose are safe, and 
 have suitable means of egress ; they shall make inquiry as 
 to the character of the applicant, the propriety of granting 
 or withholding the license, and shall make record of such 
 inquiry in the proper books in their office ; and they shall be 
 watchful that the terms and conditions of the licenses are 
 complied with. 
 
 Sect. 140. The commissioners of police shall hear and 
 examine complaints made against any person or persons hold- 
 ing a license granted by them ; they shall make record of the 
 charges and evidence in the case, and may report the same, 
 with their recommendations, to the mayor for his action. 
 
 Sect. 141. The commissioners of police shall annually 
 nominate to the mayor, for appointment, suitable persons as 
 superintendents, with the power of police officers, for the 
 enforcement of the laws and ordinances of the city in rela- 
 tion to licenses granted by them ; and such superintendents 
 may be removed by the mayor, upon the recommendation 
 of the commissioners. 
 
 Sect. 142. The commissioners of police shall make such 
 rules and regulations in regard to licenses, and for the gov- 
 ernment of all persons licensed by them, as they may deem 
 expedient, subject to revision by the city council in the man- 
 ner provided in section two hundred and twenty of this act. 
 
39 
 
 Sect. 143. The captain of the division of the police force 
 assigned by the commissioners for duty in the harbor of 
 Boston shall have and exercise all the powers, and perform 
 all the duties, prescribed for the harbor master by law and 
 the ordinances of the city ; but he shall mot be required to 
 give bond. 
 
 Sect. 144. The commissioners of police shall nominate 
 annually to the mayor, for appointment by him, one or more 
 persons to be sealers of weights and measures, and the city 
 council shall fix their compensation; and they may be re- 
 moved by the mayor, upon the recommendation of the com- 
 missioners. 
 
 Sect. 145. The commissioners of police shall nominate 
 annually to the mayor, for appointment by him, such num- 
 ber of competent persons as the city council may prescribe, 
 to be superintendents of public scales and weighers of hay ; 
 the city council shall, from time to time, fix the compensa- 
 tion of such officers, and the rates to be charged for weighing 
 hay, straw, coal and other articles, and said superintendents 
 may be removed by the mayor, upon the recommendation of 
 the commissioners. 
 
 the street department. 
 
 Sect. 146. The mayor, with the approval of the city coun- 
 cil, shall appoint three street commissioners, one for a term 
 of one year, one for two years, and one for three years ; 
 and annually thereafter the mayor shall appoint, with like 
 approval, one person to serve for the term of three years. 
 
 Sect. 147. The street commissioners shall have the 
 direction, control and management of the laying out, widen- 
 ing, altering, extending and discontinuing the streets and 
 ways of the city, and assessment of the damages and better- 
 ments therefor ; the locating, paving, making, grading of 
 streets and ways ; locating, building, and repairing of 
 
40 
 
 sewers and drains and the laying of assessments therefor ; 
 purchasing, placing and lighting the public lamps ; and 
 the building, repairing and management of the ferries and 
 bridges. 
 
 Sect. 148. The street commissioners shall have and exer- 
 cise all the powers, not inconsistent with this act, which the 
 board of aldermen now have as surveyors of highways, and 
 all the powers now conferred by law or the ordinances of 
 the city on the street commissioners, in regard to laying out, 
 widening, altering, extending, or discontinuing the streets 
 and ways of the city, and all the powers of county com- 
 missioners given by law to the board of aldermen, except as 
 herein otherwise provided ; provided, thajfc whenever the city 
 council, by a vote of two-thirds of the whole of each branch 
 thereof, shall adjudge that the public safety and convenience 
 require that any street, road, or way of the city shall be 
 laid out, altered, discontinued, or paved, and shall direct 
 the commissioners to lay out, alter, discontinue, or pave the 
 same, the commissioners shall forthwith lay out, alter, dis- 
 continue, or pave the same, under the provisions of this act. 
 
 Sect. 149. The street commissioners shall have and exer- 
 cise all the powers, not inconsistent with this act, now held 
 by the mayor and aldermen, and by the street commissioners, 
 by law or the ordinances of the city in regard to the assess- 
 ment or reassessment of betterments, and the adjustment of 
 claims for damages for the laying out, changing the grade, 
 'widening, discontinuing, or altering of the streets, highways 
 or other ways of the city ; provided, that no settlement 
 shall be made of a claim against the city for laying out, 
 changing the grade of, widening, discontinuing or altering a 
 street, highway, or other way of the city, when the amount 
 required for the adjustment of the claim exceeds five thou- 
 sand dollars, unless the same has been approved by the city 
 council. 
 
 Sect. 150. The street commissioners shall have and exer- 
 
41 
 
 cise all the powers conferred upon, and perform all the duties 
 prescribed to, the mayor and aldermen, or the board of 
 aldermen, or to the city council, by law or the ordinances 
 of the city relating to the location, construction, assessment, 
 repair, opening, protection and use of the public sewers 
 and drains of the city, and granting licenses in regard to 
 same ; also all the duties and powers relating to the control 
 and direction of the building, maldng, naming, numbering 
 and grading of the public streets, roads and ways of the city, 
 and fixing the bounds thereof, and of the sidewalks therein, 
 and also the powers and duties relating to the control and 
 direction of the purchasing, repairing, locating, care and light- 
 ing, with gas or otherwise, of the street lamps belonging to 
 the city. With the consent of the city council, the commis- 
 sioners may lay out streets, passage-ways and squares upon 
 the public lands of the city, not otherwise appropriated, and 
 lay sewers therein. 
 
 Sect. 151. No gas company, corporation, or individual, 
 shall have authority to remove the pavement or dig up the 
 ground in any of the streets or ways of the city for the pur- 
 pose of sinking, laying or repairing pipes, or for any purpose 
 whatsoever, except by the consent of the street commissioners, 
 but no gas company which has not now its pipes in the streets 
 of the city shall receive such authority, except by vote of 
 the city council. Any gas compay, corporation, association 
 or individual, after removing the pavement or opening the 
 ground in either of the streets or ways of the city, for any 
 purpose, shall be required to put the same in repair, as soon 
 as practicable thereafter, in a manner satisfactory to the 
 street commissioners ; and said commissioners may require 
 such security to be given for the prompt and strict compli- 
 ance with this rule as they may deem advisable. 
 
 Sect. 152. The street commissioners shall, in accordance 
 with l^w and the ordinances of the city, so far as not incon- 
 sistent with this act, have the control, management and charge 
 
42 
 
 of the ferries, bridges, and landings, owned wholly or in 
 part by the city, and of the lands, buildings, boats, machinery, 
 and other property appertaining thereto ; provided, that the 
 rates of toll upon the ferries shall not be changed by the 
 street commissioners, without the consent of the city council. 
 
 Sect. 153. Annually, in the month of May, the mayor 
 shall appoint, with the approval of the city council, the 
 following officers for the term of one year, from the first 
 day of June next ensuing, viz. : — 
 
 City Surveyor, Superintendent of Ferries, 
 
 Superintendent of Paving, Superintendent of Bridges, ^ 
 Superintendent of Sewers, City Engineer. 
 
 Superintendent of Lamps 
 
 Sect. 154. The city surveyor, with the approval of 
 the street commissioners, may appoint and remove the 
 subordinate officers and persons employed in his 
 office ; and the compensation of such subordinate officers 
 and persons shall be fixed by said commissioners. 
 
 Sect. 155. The city engineer, with the approval of the 
 street commissioners and of the water board, may appoint and 
 remove the subordinate officers and persons employed in his 
 office, and fix their compensation. 
 
 Sect. 156. The estimate for an appropriation for the 
 ■ salaries and expenses of the office of city engineer shall be 
 included annually in the estimates for the street commissioners, 
 and no bills or claims on account of said office shall be certi- 
 fied for payment by the auditor unless approved by either 
 the street commissioners or the water board. 
 
 Sect. 157. The street commissioners, with the approval 
 of the mayor, may appoint and remote the subordinate assist- 
 ants, officers, and clerks, needful in the several departments 
 and offices under their control and management, excejDt as 
 otherwise provided herein, and fix their compensation. The 
 
43 
 
 commissioners may employ, fix the compensation of, and dis- 
 charge, at their discretion, such number of draw-tenders, 
 workmen, and laborers, as maybe required in the said depart- 
 ments and offices. 
 
 Sect. 158. No expenditure of money, and no contract or 
 proceeding involving the same, shall be made or entered 
 into by the street commissioners, for the taking of lands or 
 buildings, laying out, paving, making, altering or discontinu- 
 ing any street or way of the city, when the estimate for the 
 total cost of the same, including grade damages, value of 
 land and buildings to be taken, the cost of making, paving 
 and completing said street or way, with any other expense 
 appertaining thereto, together with any previous expendi- 
 tures upon the same street, or any part thereof, for similar 
 purposes, within the current financial year, will amount to 
 the sum of five thousand dollars, without first obtaining the 
 consent of the city council thereto. 
 
 THE DEPAKTMENT OF BUILDINGS AND LANDS. 
 
 Sect. 159. The mayor, with the approval of the city 
 council, shall appoint three commissioners of buildings and 
 lands, one for a term of one year, one for two years, and 
 one for three years ; and annually thereafter the mayor shall 
 appoint, with like approval, one person to serve for the term 
 of three years. 
 
 Sect. 160. Except as otherwise provided in this act the 
 commissioners of buildings and lands shall have the care 
 and custody of all the buildings and offices belonging to, or 
 occupied by the city or the county, and of the furniture and 
 fixtures contained therein, and the control, direction, and 
 supervision of the erection, and of the repairs and altera- 
 tions of the buildings and offices owned or occupied by the 
 city or county, including the armories, and shall have power 
 to contract for the labor and materials needful therefor or 
 
44 
 
 any part thereof ; and it shall be the duty of the commis- 
 sioners to purchase the furniture, fixtures, and other articles 
 necessary for the proper furnishing and care of said build- 
 ings and offices ; provided^ that no building shall be erected 
 when the total estimated cost of the same, including the 
 land upon which it is to be located, and the furniture and 
 fixtures for the same, exceeds five thousand dollars, unless 
 by order of the city council; and no building shall be 
 repaired, or altered, or provided with furniture, or fixtures, 
 when the total estimate of cost of repairs or alterations, 
 with the furniture and fixtures for said building, together 
 with like expenditures upon the same building, within the 
 current financial year, shall exceed one thousand dollars, 
 unless by order of the city council. 
 
 Sect. 161. The commissioners of buildings and lands, so 
 far as is consistent with the provisions of this act, shall have 
 and exercise all the powers and perform all the duties now 
 prescribed by law for the inspector of buildings and the city 
 council, in regard to the regulation, survey, and inspection 
 of buildings, by chapter two hundred and eighty of the acts 
 of the year eighteen hundred and seventy-one, and the 
 several amendments and additions thereto ; but the limits 
 within which all buildings erected shall be required to con- 
 form to the provisions of said statutes, shall not be altered 
 by the said commissioners, except by vote of the city 
 council. 
 
 Sect. 162. The commissioners of buildings and lands shall 
 have the care, custody, and management of all the lands 
 belonging to the city, except those which are set apart as 
 public grounds, and may, with the approval of the mayor, 
 lease such portions of the same as are not otherwise appro- 
 priated, upon such terms and conditions as they may deem 
 expedient, provided that no lease shall be made for a term 
 of more than three years, without the approval of the city 
 council. AU deeds of sale and leases of buildings or lands 
 
45 
 
 belonging to the city shall be signed by the mayor, and 
 countersigned by the chairman of the board of commis- 
 sioners. 
 
 Sect. 163. The commissioners of buildings and lands shall 
 have the control and direction of all the public market- 
 houses and places used as public markets in the city ; and, 
 in accordance with law and the ordinances of the city, shall 
 make such rules and regulations for the government and 
 management of the same as they may deem expedient ; and, 
 with the approval of the city council, may fix the rents of, 
 and lease the stalls, cellars, and stands in and about the 
 same, and the rooms and stores connected therewith, except 
 Faneuil hall. 
 
 Sect. 164. The commissioners of buildings and lands 
 shall have and exercise all the powers, and perform all the 
 duties prescribed by law for the mayor and aldermen of 
 cities relating to steam engines, furnaces, and boilers, and 
 to granting licenses therefor. 
 
 Sect. 165. The mayor, with the approval of the city 
 council, shall appoint annually, in the month of May, a city 
 architect, who shall perform such duties as the commissioners 
 of buildings and lands may prescribe. The city architect, 
 with the approval of the said commissioners, may appoint and 
 remove the subordinate ofilces and persons employed in his 
 ofiice, and the compensation of such subordinates shall be 
 fixed by said commissioners. 
 
 Sect. 166. The plans, designs, specifications, estimates 
 and other papers required for the erection or repair of the 
 buildings hereafter to be erected or repaired, belonging to or 
 occupied by the city, shall be prepared and furnished by the 
 city architect, unless otherwise ordered in special cases by 
 the city council. 
 
 Sect. 167. The commissioners of buildings and lands, with 
 the approval of the mayor, may appoint and remove the subor- 
 dinate assistants, officers, clerks, and workmen needful in the 
 
46 
 
 several departments and offices under their control and 
 management (except the city architect’s) , and fix their com- 
 pensation. 
 
 THE WATER DEPARTMENT. 
 
 Sect. 168. The mayor, with the approval of the city 
 council, shall appoint three persons to constitute the water 
 board; one of whom shall be appointed for one year, 
 one for two years, and one for three years ; and annually 
 thereafter the mayor, with like approval, shall appoint 
 one person to serve for the term of three years. The board 
 shall have the charge and direction of all matters relating to 
 the location, building, repairing and management of the 
 water works belonging to the city, and of the supply and 
 distribution of the water. 
 
 Sect. 169. The water board shall have and exercise all 
 the powers, not inconsistent with this act, now conferred by 
 law, or the ordinances of the city, upon the Cochituate water 
 board and the Mystic water board, and shall perform all the 
 duties thereby prescribed for said boards, or either of them. 
 The water board may be empowered by the city council to 
 exercise any or all of the powers conferred by law upon the 
 city of Boston with reference to supplying said city with 
 water, aiid may also be empowered to act as the agents of the 
 city in doing any and all things which the city is now, or may 
 hereafter be, authorized to do in relation to the taking of 
 lands, water-rights, or other property, and the establishment 
 of works and appliances for supplying the city of Boston or 
 other cities and towns with water. 
 
 Sect. 170. The water board shall make such rules and 
 regulations in re«fard to the mode of usin^ the water, and 
 the price to be paid therefor, as they may deem expedient ; 
 subject, however, to the provisions of sections twelve and 
 thirteen of chapter one hundred and sixty-seven of the stat- 
 utes of the year eighteen hundred and forty-six ; providedy 
 
47 
 
 that the words " Boston water scrip ” in said sections shall 
 be construed to include the whole amount of outstanding 
 loan representing the cost of the water works. 
 
 Sect. 171. The water board shall have the care and 
 management of all the public reservoirs, wells and pumps of 
 the city. 
 
 Sect. 172. The water board annually, in the month of 
 May, shall appoint, with the approval of the mayor, suitable 
 persons to be superintendent and assistant superintendents 
 of the water works, and a water registrar, who shall per- 
 form such duties as may be prescribed by the said board 
 or by the ordinances of the city ; and they may be removed 
 by the board, with the approval of the mayor. The water 
 board may appoint and remove at pleasure such other 
 subordinate officers, clerks and workmen as the business of 
 the department may require, and fix their compensation. 
 
 THE HEALTH DEPAKTMENT. 
 
 Sect. 173. The mayor, with the approval of the city coun- 
 cil, shall appoint three persons, one of whom shall be a physi- 
 cian, to constitute the board of health ; one shall be appointed 
 for one year, one for two years, and one for three years; 
 and annually thereafter, the mayor, with like approval, 
 shall appoint one person to be a member of the’ board for 
 the term of three years. 
 
 Sect. 174. The board of health shall have all the rights, 
 powers and duties now given by law, and the city ordi- 
 nances, to the boards of health of cities and towns, and to 
 the mayor and aldermen, the board of aldermen, or to the 
 ,city council, in relation to the abatement and removal of 
 nuisances, sources of filth, and causes of sickness, the re- 
 moval of infected persons, the vaccination of the inhab- 
 itants, the establishment and regulation of quarantine, the 
 removal of offensive bodies, the inspection of provisions. 
 
48 
 
 the erection of tenement houses and their use, occupation 
 and mode of construction, the interment of the dead, the sale 
 of fish, vegetables and other provisions, the keeping of swine 
 and all other animals within the bounds of the city, and in 
 relation to all other matters pertaining to the public health, 
 and the care and preservation thereof. 
 
 Sect. 175. The board of health shall have the care and su- 
 perintendence of the stables belonging to the city, except such 
 as may be attached to other departments ; they shall provide, 
 by contract or otherwise, for the cleaning of the streets, the 
 collection, removal and disposal of ashes, grease, bones, ofial, 
 dirt, manure, and all noxious and ofiTensive matter from the 
 streets, houses and vacant land in the city, the cleaning of 
 all vaults and cesspools, the location, occupation and use of 
 all public and private stables, and the granting of licenses 
 therefor, and the granting of licenses for watering streets, 
 under such rules and regulations as they may prescribe. 
 
 Sect. 176. All burial-grounds and cemeteries belonging 
 to the city shall be under the general care and charge of the 
 board of health, and it shall have power to appoint, with the 
 approval of the mayor, such trustees thereof as may be re- 
 quired by law, or which the board may deem expedient, and 
 to make such regulations for the management and use of 
 burial-grounds and cemeteries, not inconsistent with law, as 
 may in their judgment be suitable or necessary. 
 
 Sect. 177. The board of health, annually, in the month 
 of May, with the approval of the mayor, shall appoint as many 
 persons to carry on the business oj undertakers as may be 
 necessary ; they shall grant licenses to the persons so ap- 
 pointed, fix the amount to be paid therefor, and make rules 
 and regulations for the burial and removal of the dead, and 
 for the compensation of undertakers. 
 
 Sect. 178. The board of health shall have the charge and 
 control of all hospitals which may be established by the 
 city council for persons having the small-pox or other infectious 
 
49 
 
 or contagious diseases dangerous to the public health, with 
 power to make all suitable regulations for the care and use of 
 the same. 
 
 Sect. 179. The board of health shall have the care and con- 
 trol of all public baths which may be established by the city 
 council for the use of the inhabitants ; they shall appoint suit- 
 able persons to superintend the same, and shall make all 
 needful regulations for their use. 
 
 Sect. 180. The board of health, annually, in the month of 
 May, with the approval of the mayor, shall appoint a sanitary 
 superintendent, a city physician, a port physician, and such 
 assistants as they may require, one or more superintendents 
 of cemeteries, one or more inspectors of provisions, and 
 an inspector of milk, and may, with the approval of the 
 mayor, remove them. The board may, from time to time, 
 employ, and discharge, at their discretion, such workmen as 
 they may deem necessary for the economical and satisfactory 
 performance of the work by the department, and fix their 
 compensation. 
 
 Sect. 181. The board of health shall have the charge and 
 superintendence of the registration of births, marriages, and 
 deaths, and, with the approval of the mayor, shall appoint a 
 registrar thereof, who shall perform the duties prescribed by 
 law and the ordinances of the city in relation thereto. He 
 shall hold office for the term of one year from the date of 
 his appointment, and may be removed by the mayor. 
 
 THE fire department. 
 
 Sect. 182. The mayor, with the approval of the city coun- 
 cil, shall appoint three persons, to constitute the board 
 of fire commissioners ; one shall be appointed for one 
 year, one for two years, and one for three years ; and 
 afterwards, annually, the mayor shall appoint, with like ap- 
 
50 
 
 proval, one person to be a member of said board tor the term 
 of three years. The board shall appoint a chief engineer, 
 and such number of assistant engineers, officers, engine- 
 men, telegraph-operators and other members, as the city 
 council may, from time to time, determine, and may remove 
 them at pleasure ; provided^ that the chief engineer shall be 
 appointed with the approval of the mayor. The board 
 shall prescribe the duties of the officers and members 
 of the department, and, subject to the approval of the city 
 council, fix their compensation. 
 
 Sect* 183. The fire commissioners, the chief engineer and 
 assistant engineers, so appointed, shall have all the powers 
 and perform all the duties authorized or imposed upon such 
 officers by law, or the ordinances of the city, except so far 
 as they may be changed or modified by this act. 
 
 Sect. 184. The duty of extinguishing fires, and protect- 
 ing life and property in case of fire within the city, 
 shall be entrusted to said board of fire commissioners ; 
 they shall divide the city into fire districts ; establish a fire 
 patrol ; and, in accordance with ordinances of the city, and 
 with the provisions of this act, purchase steam fire-engines, 
 horses, hose, and all other apparatus and supplies for the use 
 and equipment of the fire department and fire-alarm tele- 
 graph. 
 
 ■ Sect. 185. The fire commissioners shall have and exercise 
 all the powers conferred upon such officers, or upon engineers 
 of fire departments or their assistants, by law and the 
 ordinances of the city, in relation to the manufacture, storage, 
 and sale of petroleum, camphene, burning-fluids, gunpowder, 
 nitro-glycerine, fireworks, or any other highly combustible or 
 explosive material or thing. The city council shall have 
 power to prohibit the storage or manufacture of said 
 articles within the limits of the city in any locality 
 where, in their judgment, it would be hazardous to the 
 surrounding buildings. The fire commissioners may, with 
 
51 
 
 the approval of the city council, make such rules and regu- 
 lations in regard to the storage and place of manufacture of 
 said articles as they may deem expedient, and provide that 
 said articles shall not be kept within the limits of the city 
 without a license, in such form, and with such conditions and 
 penalties as, in accordance with law, they may prescribe ; 
 the fire commissioners are hereby authorized to grant 
 such licenses, and, with the approval of the mayor, to 
 revoke the same. The fire commissioners shall appoint the 
 ' inspectors of petroleum required to be appointed by law. 
 
 Sect. 186. The fire commissioners shall have the 
 charge, direction and control of all the public clocks and 
 bells owned by the city or under its control. 
 
 THE DEPARTMENT OF PUBLIC INSTITUTIONS. 
 
 Sect. 187. The board of directors for public institutions 
 shall consist of six persons, not members of the city council, 
 appointed by the mayor, with the approval of the city council, 
 and. one member of the board of aldermen and two members 
 of the common council, elected by concurrent vote of the 
 city council. The members first appointed by the mayor 
 shall hold office, two for three years, two for two years, and 
 two for one year, and annually afterwards the mayor shall 
 appoint, with like approval, two persons to hold office for 
 three years. The members from the city council shall be 
 elected annually in January or February, to hold office during 
 the remainder of the municipal year in which they are elected, 
 and until others are elected in their place or they are removed, 
 and they may be removed at any time by the city council, and 
 vacancies from any cause may be filled for the unexpired 
 term. The members of said board shall serve without com- 
 pensation. 
 
 Sect. 188. The board of directors shall have the care and 
 control of the house of correction, the house of industry. 
 
52 
 
 the house of reformation, and of the lunatic hospital so 
 long as it shall be maintained hy the city, and such other in- 
 stitutions as may he placed under their direction and super- 
 vision by law or by ordinance of the city. They shall 
 make the necessary repairs and alterations therein, and, 
 with the approval of the mayor, appoint superintendents 
 thereof ; they shall fix their compensation, and, with like ap- 
 proval, may remove them from office ; the officers so appointed 
 shall have the powers and perform the duties prescribed by 
 law or by the city ordinances for their respective offices,* and 
 such other powers and duties as may be prescribed to them 
 by said board. 
 
 Sect. 189. The board of directors shall appoint a mas- 
 ter of the house of correction, and such other officers, agents 
 and servants, as they may deem expedient, in the sev- 
 eral institutions under their charge, fix their compensation, 
 and may remove them at pleasure. 
 
 Sect. 190. The board of directors shall have and ex- 
 ercise all the power and authority, and perform all the duties 
 not inconsistent with the provisions of this act, which are 
 conferred or imposed by existing laws and ordinances upon 
 the board of directors for public institutions of the city of 
 Boston ; and all acts of the legislature and ordinances of the 
 city, not inconsistent with the provisions of this act, which 
 are applicable to the board of directors for public institutions 
 of the city of Boston, and to any of the institutions above 
 named, are hereby declared to be in full force and effect, and 
 in no respect altered or repealed, otherwise than is herein 
 expressly set forth. 
 
 Sect. 191. The board of directors shall have authority, 
 in conformity with the provisions of this act, to make pur- 
 chases of supplies of every description, for the use of said 
 institutions, and to make all necessary contracts therefor, or 
 for work to be done or materials to be furnished, or for the 
 employment of the labor of the inmates thereof, provided no 
 
53 
 
 contract so made shall extend for a term exceeding one year, 
 unless with the consent of the city council. 
 
 Sect. 192. When the labor of any of the inmates of any 
 of said institutions is to be disposed of by contract, the board 
 of directors, unless otherwise ordered by the city council, 
 shall make public advertisement for proposals to hire said 
 labor, under such rules and regulations as said board may 
 prescribe. 
 
 Sect. 193. A joint committee, to consist of not less than 
 five members of the city council, shall constitute the in- 
 spectors of prisons and houses of detention in the county 
 of Sufiblk ; and said committee, at least twice in each year, 
 shall make the examinations and inquiries required by law, 
 aud report the result thereof in print to the city council. 
 
 THE DEPARTMENT OF OVERSEERS OF THE POOR. 
 
 Sect. 194. The board of overseers of the poor shall con- 
 sist of nine persons, not members of the city council, 
 appointed by the mayor, with the approval of the city 
 council, and one member of the board of aldermen and two 
 members of the common council, elected by concurrent vote 
 of the city council. The members first appointed by the 
 mayor shall hold office, three for three years, three for two 
 years, and three for one year, and annually afterwards the 
 mayor shall appoint, with like approval, three persons to 
 hold office for three years. The members from the city 
 council shall be elected annually, in January or February, to 
 hold office during the remainder of the municipal year in 
 which they are elected, and until others are elected in their 
 2Dlace, or they are removed ; and they may be removed at 
 any time by the city council, and vacancies from any cause 
 may be filled for the unexpired term. The members of said 
 board shall serve without compensation. 
 
 Sect. 195. The overseers of the poor shall appoint a 
 
 « 
 
54 
 
 secretary and one or more clerks, not of their own number, 
 nor members of the city council, and such superintendents, 
 subordinate officers, assistants and workmen as they may 
 deem expedient. They shall prescribe their duties, fix their 
 compensation, and may remove them from office. 
 
 Sect. 196. The overseers of the poor, with the approval 
 of the mayor, shall appoint a suitable person as treasurer, 
 fix his compensation, and define his duties ; and they may 
 remove him from office, with the approval of the mayor. 
 The treasurer shall give bond in such amount, and with such 
 sureties, as the overseers may determine and approve for 
 the safe custody of the money and other property in his 
 possession. He shall deposit the money entrusted to him in 
 such banks as the overseers may approve ; and no loan or 
 investment of said money shall be made, except by vote 
 of the overseers, or of a finance committee appointed by 
 them. All checks, orders, or drafts for money, on account 
 of the overseers, shall be signed by the treasurer and coun- 
 tersigned by the secretary. The accounts of the treasurer 
 shall be examined, semi-annually, by a committee appointed 
 by the overseers for that purpose, and at such other times 
 by the city council, or a committee thereof, as may by ordi- 
 nance be prescribed. 
 
 Sect. 197. The overseers of the poor shall continue as a 
 corporation and hold and exercise all the powers and cor- 
 porate rights, possess all the property, be entitled to all 
 the rights and privileges, and be subject to all the duties, 
 liabilities, and obligations which now belong or appertain 
 by law or the ordinances of the city to the corporation of 
 "The Overseers of the Poor in the City of Boston,” so far 
 as consistent with the provisions of this act. 
 
 Sect. 198. Whenever the city shall provide buildings for 
 the reception and care of paupers, and by ordinance transfer 
 the paupers under the charge of the board of directors of 
 public institutions to the care and control of the overseers of 
 
55 
 
 the poor, then said overseers of the poor shall have and ex- 
 ercise all the powers, and perform all the duties, now pre- 
 'scribed by law, or the ordinances of the city, to said board 
 of directors, or to selectmen of towns, in regard to the care, 
 support and employment of paupers, so far as consistent 
 with this act, and shall have the care and control of the 
 buildings provided for the same. 
 
 Sect. 199. The overseers of the poor shall have the care 
 and control of the charity building, on Chardon street, and 
 of buildings used as temporary homes for the poor, and of 
 the inmates thereof. 
 
 THE CITY HOSPITAL DEPARTMENT. 
 
 Sect. 200. The board of trustees of the city hospital 
 shall consist of six persons, not members of the city council, 
 appointed by the mayor with the approval of the city council, 
 and one member of. the board of aldermen and two members 
 of the common council, elected by concurrent vote of the 
 city council. The members first appointed by the mayor 
 shall hold office, two for three years, two for two years, and 
 tAvo for one year, and annually afterwards the mayor shall 
 appoint, with like approval, two persons to hold office for 
 three years. The members from the city council shall be 
 elected annually, in January or February, to hold office 
 during the remainder of the municipal year in which they 
 are elected, and until others are elected in their place, or 
 they are removed ; and they may be removed at any time 
 by the city council, and vacancies from any cause may be 
 filled for the unexpired term. Ihe members of said board 
 shall serve without compensation. 
 
 Sect. 201. The board of trustees shall have the care and 
 management of the city hospital and of the grounds con- 
 nected therewith ; and, with the approval of the mayor, shall 
 appoint, and, Avith like approval, may remove such visiting 
 
56 
 
 and consulting physicians and surgeons as they may deem 
 expedient. The board shall annually appoint a superinten- 
 dent and all necessary resident physicians and surgeons, and 
 all other assistants, nurses and domestics, fix their compensa- 
 tion, and may remove them at pleasure. 
 
 THE PUBLIC LIBRAEY DEPARTMENT. 
 
 Sect. 202. The board of trustees of the public library 
 shall consist of six persons, not members of the city council, 
 appointed by the mayor, with the approval of the city coun- 
 cil, and one member of the board of aldermen and two 
 members of the common council elected by concurrent vote 
 of the city council. The members first appointed by the 
 mayor shall hold office, two for three years, two for two 
 years and two for one year ; and annually afterwards the 
 mayor shall appoint, with like approval, two persons to hold 
 office for three years. The members from the city council 
 shall be elected annually, in January or February, to hold 
 office during the remainder of the municipal year in which 
 they are elected, and until others are elected in their place 
 or they are removed ; and they may be removed at any time 
 by the city council, and vacancies from any cause may be 
 filled for the unexpired term. The members of said board 
 shall serve without compensation. 
 
 Sect. 203. The board shall have the care and manage- 
 ment of the library, and of all branches thereof, and of the 
 buildings provided for the same, and of the grounds attached 
 thereto. 
 
 Sect. 204. The board of trustees, with the approval of 
 the mayor, shall annually appoint a superintendent,, and, 
 with like approval, fix his compensation, and may remove 
 him at pleasure. They shall appoint the librarians, assist- 
 ants, janitors and all other persons employed in the manage- 
 
57 
 
 ment of the library and its branches, fix their compensation, 
 , and may remove them at pleasure. 
 
 Sect. 205. The board of trustees may expend, in accord- 
 ance with the provisions of this act, for the purposes of 
 the library, the money appropriated therefor by the city 
 council, and may expend the principal or income of any 
 money or property which has been, or may hereafter be, 
 given for the use of the library, or any of its branches, in 
 accordance with the directions or conditions imposed by the 
 donors thereof ; an account in detail of all expenditures, to- 
 gether with a statement of the condition of the library, shall 
 be included in the annual report of the trustees herein re- 
 quired. 
 
 Sect. 206. When, in the judgment of the board of trus- 
 tees, additional branch libraries are needed, they may, with 
 the consent of the city council, establish the same. 
 
 Sect. 207. The board of trustees shall have all the powers 
 and perform all the duties prescribed by law or the ordi- 
 nances of the city for such ofllcers, except so far as they may 
 be changed or modified by this act. 
 
 Sect. 208. All money belonging to the library, or ap- 
 propriated to its use by the city council, shall be deposited 
 with the treasurer of the city. 
 
 THE DEPARTMENT OF PUBLIC GROUNDS. 
 
 Sect. 209. The mayor, with the approval of the city coun- 
 cil, shall appoint three persons, not members of the city coun- 
 cil, to constitute the board of commissioners of public 
 grounds, who shall serve without compensation. One of 
 said persons shall be appointed for one year, one for two 
 years, and one for three years ; and thereafter, annually, the 
 mayor, with like approval, shall appoint one person to serve 
 for the term of three years. 
 
 Sect. 210. The commissioners of the public grounds 
 
 
58 
 
 shall have the charge, management and supervision of the 
 common and public garden ; of the public parks and squares 
 of the city ; of the monuments, statues, and all other mat- 
 ters and things appertaining thereto, and of the trees in the 
 jDublic streets and vays, except as otherwise provided herein. 
 
 Sect. 211. The commissioners of the public grounds, 
 with the approval of the mayor, annually, in January or 
 February, shall appoint a superintendent, and, with the 
 approval of the mayor, fix his compensation. He may be 
 removed from office by the commissioners, with the approval 
 of the mayor. The commissioners may appoint and remove 
 such number of subordinates and laborers as they deem 
 necessary and expedient for the proper prosecution of the 
 work entrusted to them, and fix their compensation. 
 
 Sect. 212. The common and public garden shall be pre- 
 served for public use, and shall not be sold or leased, and no 
 street or way for the use of cars or other vehicles shall be 
 laid out, over or through said grounds, or any portion of them, 
 unless a majority of the legal voters present and voting 
 thereon, shall vote in the affirmative at meetings which 
 may be called for that purpose in the several wards by the 
 board of alderman. No statue, monument, nor permanent 
 structure of any kind shall be placed upon the common, 
 public garden, or any of the public parks, or squares, of 
 the city,, nor removed therefrom, except by order of the 
 city council. 
 
 BOARD or COUNTY ACCOUNTS. 
 
 Sect. 213. The chairman of the board of aldermen, 
 the president of the common council, and the chairman of 
 the ’ inspectors of prisons and houses of detention in the 
 county of Sufiblk, shall constitute a board of accounts for 
 the county of Sufiblk, and shall have and exercise the powers 
 conferred upon the board of aldermen of the city, by 
 chapter one hundred and seventeen of the acts of the year 
 eighteen hundred and sixty-six. 
 
59 
 
 
 
 ' OTHEK OFFICERS. 
 
 Sect. 214. The mayor, with the approval of the board 
 of aldermen, shall appoint from time to time, for a term of 
 one year, such and so many of the following-named officers 
 as he may judge necessary for the public convenience, 
 namely : — 
 
 Measurers of Grain. 
 
 Surveyors of Marble, Soapstone and Freestone. 
 
 ]\Ieasurers of Upper Leather. 
 
 Inspectors of Lime. , 
 
 Weighers of Coal. 
 
 Measurers of Wood and Bark. 
 
 Viewers and Cullers of Hoops and Staves. 
 
 Fence Viewers. 
 
 Field Drivers and Pound Keepers. 
 
 The said officers shall respectively exercise all the powers 
 and perform all the duties required by law and the ordi- 
 nances of the city of such officers ; and, until otherwise 
 changed by the city council, they shall continue to receive 
 for their services the fees heretofore allowed. They may be 
 removed at the pleasure of the mayor. 
 
 GENERAE PROVISIONS. 
 
 Sect. 215. The several boards and commissions, unless 
 otherwise provided herein by an ordinance of the city, shall 
 organize annually, in the month of May, by the choice of one 
 of their number to be chairman, and shall appoint a clerk, 
 who shall not be one of their own number. They shall fix 
 the compensation of their clerk, and may at any time re- 
 move him and appoint a successor. They shall preserve 
 complete records of their meetings, giving the names of the 
 
60 
 
 • 
 
 members present, their votes and doings thereat ; and shall 
 cause proper books of record to be kept in the respective 
 departments under their charge, exhibiting in detail all the 
 transactions of said departments. 
 
 Sect. 216. The compensation of all commissions, boards 
 and officers, except as herein otherwise provided, shall be 
 fixed from time to time by the city council. 
 
 Sect. 217. All officers and persons, while receiving sal- 
 aries from the city, shall be inhabitants of the city, unless 
 otherwise provided by the city council. 
 
 Sect. 218. Any commissioner, trustee or officer appointed 
 under any of the provisions of this act by the mayor, with the 
 approval of the city council, may at any time be removed by 
 the mayor, with the approval of the city council, or may be 
 removed by vote of two-thirds of the whole number of each 
 branch of the city council, taken by yeas and nays ; and, 
 pending the action of the city council, the mayor may, in 
 his discretion, suspend any such commissioner, trustee or 
 officer from his duties. 
 
 Sect. 219. All officers or persons having the custody or 
 control of books, records, journals, papers or documents be- 
 longing to the city, or to any department or office thereof, 
 shall, upon request, exhibit the same to the mayor, or to 
 any member of the city council, and shall deliver the same to 
 their successors in office, when duly qualified. 
 
 Sect. 220. The school committee, and the several boards, 
 commissioners, trustees and officers shall make such rules 
 and regulations, in accordance with law and the ordinances 
 of the city, as they may deem expedient for their own gov- 
 ernment, and for the government of those under their charge 
 and direction, and also for the care and management o-f the 
 several departments and institutions under their charge, un- 
 less herein otherwise provided ; provided, however, that the 
 city council may rescind or modify any of said rules or regu- 
 lations which are deemed objectionable by them, except 
 
61 
 
 such' as may be adopted by the police and tire commissioners 
 for the discipline of members of said departments; and any 
 rule or regulation so rescinded or modified shall not be again 
 adopted or altered, until it shall have been submitted to, and 
 approved by, the city council. Until new rules and regnla- 
 
 several departments shall remain in force, except so far as 
 they may be inconsistent with the provisions of this act. 
 
 Sect. 221. Whenever the city council shall, except as 
 'hereinbefore provided in regard to the street commissioners, 
 instruct any board or commissioners to do, or not to do, any- 
 thing coming within the powers and duties conferred on 
 such board or commissioners by this charter, it shall be the 
 duty of such board or commissioners forthwith to comply 
 with such instructions. 
 
 Sect. 222. No member of the city council, or of any com- 
 mission or board, and no person* appointed by the mayor or 
 chosen by the city council, or in the service of the city gov- 
 ernment, shall be interested in his private capacity, directly 
 or indirectly, in any purchase or contract for labor (except for 
 payment of his official services) , or for materials, goods, wares 
 or merchandise of any description furnished to the city, or 
 in contracts for erecting or repairing buildings, or other pub- 
 lic works. Any contract, sale, purchase, or agreement made 
 in violation of the above provision shall be void, and shall 
 not be certified by the auditor nor paid by the treasurer. 
 Whoever violates the provisions- of this section shall be sub- 
 ject to the penalties provided by chapter two hundred and 
 seventy-four of the statutes of eighteen hundred and seventy- 
 two. 
 
 Sect. 223 . All boards and officers acting under the author- 
 ity of the city, and entrusted with the expenditure of public 
 money, shall be accountable therefor to the city council, in 
 such manner as the city council may direct ; and the city 
 council may require of all persons entrusted with the collec- 
 tion, custody, or disbursement of public money, bonds, with 
 
 tions 
 
 now in force in the 
 
62 
 
 such conditions and sureties, as the case may in their judg- 
 ment require. 
 
 Sect. 224. All boards and heads of departments shall an- 
 nually, as early as practicable after the close of each financial 
 year, severally submit to the city councd full and complete re- 
 ports of their doings for the previous year, and shall at the 
 same time render to the auditor a statement in detail of the 
 property in their possession belonging to the city ; and they 
 shall at all times furnish, upon the request either of the mayor, 
 the board of aldermen or the common council, estimates and 
 information in regard to work under their charge and the 
 condition of the departments and offices under their control. 
 
 Sect. 225. An account of all money received for the city 
 or county by any department, board or office, or by any 
 county officer, as fees, fines or otherwise, shall be rendered 
 to the auditor, and the money shall be paid to the treasurer, 
 under such rules as may bfe prescribed by ordinance or 
 established by the treasurer. 
 
 Sect. 226. Whenever in the judgment of the school com- 
 mittee, or of any board or commission, a new building, or any 
 addition or alteration of a building, is needed for the use of the 
 department or institutions under their charge, of an estimated 
 cost of over one thousand dollars, they shall make a state- 
 ment in Avriting to the city council of the necessity of 
 the proposed building, addition or alteration ; and no con- 
 tract for the purchase or lease of land, or for the erection, 
 purchase or lease of any building, or for any addition to, 
 or alteration of, any building, shall be authorized by the city 
 council, until such statement has been made, or until the 
 locality and plans for the same have been submitted to the 
 school committee, or to a sub-committee thereof, duly 
 authorized to approve the same, if for the school department, 
 or to the board or commission having the care and control of 
 the department, or institution, for the use of Avhich such land 
 or building is intended ; provided., however^ that the city 
 
63 
 
 council may give the charge of any important undertaking 
 to a special commission, to be appointed by the mayor, with 
 the approval of the city council, to whom the city council 
 may commit all, or any part, -of the powers given by law to 
 the city, or to any branch of the government thereof, in ref- 
 erence to taking land for the proposed undertaking, or for 
 the adoption of plans for the same, or for any other purpose 
 connected therewith. 
 
 Sect. 227. Every department and board shall make a 
 return to the auditor, monthly, unless otherwise provided by 
 ordinance, of all sums that have become due and payable to 
 the city, since the last return, from all persons and corpora- 
 tions, for labor or material furnished by said department ; 
 and shall deliver bills for said sums to the treasurer for 
 collection. 
 
 Sect. 228. All appointments to office, which by this act 
 the mayor is authorized to make, subject to approval by the 
 city council, shall, in the first instance, unless otherwise pro- 
 vided herein, be made before the first day of May, in the year 
 eighteen hundred and seventy-six, to take effect on that day ; 
 and thereafter the appointments made to fill vacancies, caused 
 by the expiration of the term of service of any officers, shall 
 be made within thirty days before said expiration. A va- 
 cancy in any office, from any cause, shall be filled for the 
 remainder of the term in the same manner as the original 
 appointment, unless otherwise herein provided. 
 
 Sect. 229. The terms of office of the street commis- 
 sioners, and of all the commissions, boards and officers 
 elected by the city council, or appointed by the mayor and 
 aldermen, or by the mayor and city council, and of all 
 officers, clerks and assistants appointed under the authority 
 of the city council, shall terminate and expire on the 
 first day of May, eighteen hundred and seventy-six, or 
 as soon thereafter as their successors are qualified under 
 this act ; unless an appointment of a successor shall be 
 
64 
 
 sooner made, as herein provided, in which case the term of 
 office of the incumbent shall cease, and the person so ap- 
 pointed shall enter upon his office as soon as qualified. 
 
 Sect. 230. All other powers not herein specially provided 
 for, and heretofore by law vested in the town or city of Bos- 
 ton, or in the inhabitants thereof, as a municipal corporation, 
 or in the mayor, the mayor and aldermen, 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 said 
 city, to be exercised on the part of the city council by con- 
 current vote, each board, as hereby constituted, having a 
 negative upon the proceedings of the other, and the mayor 
 having a veto power as herein provided. 
 
 Sect. 231. Aothing in this act contained shall be so con- 
 strued as to restrain or prevent the legislature from amend- 
 ing or altering the same whenever they shall deem it expe- 
 dient. 
 
 Sect. 232. All acts, ordinances, and parts of acts and 
 ordinances, inconsistent with this act, are hereby repealed ; 
 provided, however, that said repeal shall not afiect 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 eflect ; and 
 that no offence committed, and no penalty or forfeiture 
 incurred, under the acts and ordinances hereby repealed, 
 before the time when such repeal shall take effect, shall be 
 affected by the repeal ; and that no suit or prosecution j^end- 
 ing at the time of the said repeal for any offence committed, 
 or for the recovery of any penalty or forfeiture incurred, 
 under the acts or ordinances hereby repealed, shall be afiected 
 by such repeal. 
 
 Sect. 233. No act which has been heretofore repealed 
 shall be revived by the repeal of the acts mentioned in the 
 preceding section. 
 
 Sect. 234. This act shall be void unless the inhabitants of 
 
65 
 
 the city of Boston, by vote, determine to adopt the same ; 
 and the qualified voters of the city shall be called upon 
 by the board of aldermen to give in their votes upon 
 the acceptance of this act, in the various wards, on the 
 first Monday of October next ; thereupon the same pro- 
 ceedings shall be had respecting the sorting, counting, 
 declaring, recording and returns of said votes, as is pro- 
 vided by law at the election of mayor; the board of 
 aldermen shall, within three days, meet together and com- 
 pare the returns of the ward oflScers ; and if it appear that 
 the citizens have voted to adopt this act, the mayor shall 
 make proclamation of the fact ; 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 eflfect on the first Monday of January in the year 
 eighteen hundred and seventy-six. 
 
Gaylord Bros. 
 
 Makers 
 Syracuse, N. Y