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 UNIVERSITY OF ILLINOIS — URBANA 
 
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 N30 1 1 2087968985A 
 
 ORDINANCES 
 
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 CITY OF BOSTON, 
 
 ACTS 
 
 OF THE 
 
 LEGISLATURE OF MASSACHUSETTS, 
 
 ON MUNICIPAL SUBJECTS, 
 
 PASSED IN' 1867'. 
 
 PUBLISHED BY ORDER OF THE CITY COUNCIL. 
 
 BOSTON: 
 
 ALFRED MUDGE & SON, CITY PRINTERS, 34 SCHOOL STREET. 
 
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 CITY OF BOSTON. 
 
 By a vote of the City Council, approved December 4, 1863, 
 all Ordinances passed in each year are to be properly compiled 
 and published, at the close of the year, in a suitable manner for 
 reference. This volume comprises, therefore, all the Ordinances 
 which were passed by the City Council in 1867, as well as all 
 
 government of this city. The numbers of the pages are contin- 
 ued from the preceding publication. 
 
 Legislative enactments of that year, which affect in any way the 
 
 S. F. McCLEARY, City Clerk, 
 
 January 14, 1868. 
 
Digitized by the Internet Archive 
 in 2016 
 
 https://archive.org/details/ordinancesofcityOObost 
 
ORDINANCES. 
 
 PUBLIC BUILDINGS. 
 
 ORDINANCE. 1 
 
 Amount Committee can spend for repairs. 
 
 Section 1. The eighth section of an Ordinance concerning Amount to be 
 
 expended for re- 
 
 Public Buildings, passed July 1, 1850, and being section nine pairs, April is, 
 of the Ordinance in relation to Public Buildings, as printed on 186< ‘ 
 page 477 of the Revised Ordinances of 1863, is hereby amended 
 by striking out the words “two hundred,” and inserting the 
 words, “ five hundred.” 
 
 COMMON. 
 
 Superintendent, appointment, and duties. 
 
 ORDER. 2 
 
 Whereas, By the Ordinances of this city, the u care and cus- Common supt., 
 tody of the Common, Public Garden, and Public Squares,” is.anddut^s^Feb! 
 vested in the Board of Aldermen: and whereas, it is necessary 4 ’ 1867, 
 for the proper exercise of said care and custody of the grounds 
 above mentioned, that a Superintendent thereof should be ap- 
 pointed, to whom a salary should be paid, it is hereby 
 
 Ordered, That the Mayor be requested to nominate to this 
 Board for confirmation, a suitable person as Superintendent of 
 the Common and Public Grounds, whose duty it shall be, under the 
 
 An Ordinance to amend the Ordinance in relation to Public Buildings, 
 passed April 16, 1867. 
 
 2 Order of the Mayor and Aldermen, passed Pebruary 4, 1867. 
 
212 
 
 ORDINANCES. 
 
 direction of the Committee on Common and Squares, to provide 
 all the labor and assistance necessary to effect the proper care 
 and supervision of the Common and all the public squares and 
 grounds in the city of Boston, including also the trees in the 
 several streets of the city. He shall cause all laws and ordi- 
 nances made for the protection of trees, shrubs and flowers in 
 the Common and other public grounds and streets of this city to 
 be strictly enforced, and shall institute legal proceedings against 
 all trespassers thereon. 
 
 COUNTY COURT HOUSE. 
 
 STATUTE. 
 
 1. Board of Aldermen may take 
 land for Court House site. 
 
 2. To file description of land taken 
 in Registry of Deeds. 
 
 STATUTE. 1 
 
 Aldermen, as 
 county commis- 
 sioners of Suf- 
 folk, may take. 
 1867. 306, § 1. 
 
 Shall file de- 
 scription and 
 statement in 
 registry of 
 deeds. 
 
 Ibid. § 2. 
 
 Mayor to sign. 
 Liability of city 
 for damages. 
 
 Section 1 . The board of aldermen of the city of Boston 
 acting as county commissioners for the county of Suffolk, are 
 hereby authorized and empowered to take and hold by purchase 
 or otherwise, so much land as they may deem necessary, for the 
 purpose of erecting thereon a court house by the city of Boston, 
 for the use of the county of Suffolk, and for a court house yard 
 for the same. 
 
 Sect. 2. The board of aldermen shall, within sixty days 
 from the time when they shall take any parcel or parcels of 
 land under this act, file in the office of the register of deeds for 
 said county, and cause to be recorded, a description of the land 
 so taken, as certain as is required in a common conveyance of 
 land, with a statement of the purpose for which it is taken ; 
 which description and statement shall be signed by the mayor 
 of the city ; and the city of Boston shall be liable to pay all 
 damages, that shall be sustained by any person or persons by 
 
 1 An act to authorize the City of Boston to take and hold land for a 
 Court House for the County of Suffolk, passed June 1, 1867. 
 
DOGS. 
 
 213 
 
 reason of the taking of such land as aforesaid; such damages 1807, 306,5 2 ‘ 
 to be ascertained and determined in the manner provided for 
 ascertaining and determining damages in case of the laying out, 
 altering or discontinuing of ways within the city of Boston ; but 
 the provisions of chapter one hundred and seventy-four of the ^ not^to^ap- 
 acts of the year eighteen hundred and sixty-six, shall not be p 1 ^ 
 applicable to any proceedings under this act. 
 
 DOGS. 
 
 STATUTES. 
 
 1. Dogs to be licensed in April, and 
 wear collars. Fees. 
 
 2. New owner of dog to get license. 
 
 3. City Clerk to issue licenses. 
 
 4. Treasurer’s duties. 
 
 5. Penalty for keeping unlicensed 
 dog. 
 
 6. Assessors to report dogs. 
 
 7. Orders to kill unlicensed dogs. 
 
 8. Officers to return warrant. 
 
 9. Mayor, or Selectmen, to make 
 sworn statement. 
 
 10. Persons suffering loss by dogs 
 to be indemnified. Appraiser’s 
 duties. 
 
 11. Penalty on City Officers for 
 neglect. 
 
 12. City Treasurer to institute ac- 
 tion. 
 
 13. License fees to be paid to 
 Treasurer. 
 
 14. Mischievous dogs not to go at 
 large. 
 
 15. Repeal of former act. 
 
 16. Form of warrant to kill dogs. 
 
 TP! 1 
 
 Section 1. Every owner or keeper of a dog shall annually, Do ^ s t0 be re e- 
 on or before the thirtieth day of April, cause it to be registered, annually. 1867. 
 numbered, described and licensed for one year from the first 13 °’ $ 
 day of the ensuing May, in the office of the clerk of the city or 
 town wherein said dog is kept, and shall cause it to wear around 
 its neck a collar distinctly marked with its owner’s name and 
 its registered number, and shall pay for such license, for a male 
 dog two dollars, and for a female dog, five dollars. 
 
 Sect. 2. Any person becoming the owner or keeper of a Dog* be 
 dog not duly licensed, on or after the first day of May, shall other times, 
 cause said dog to be registered, numbered, described and Ibld ‘^ 2 ’ 
 
 1 An act concerning dogs, and for the protection of sheep and other 
 
 domestic animals, passed April 9, 1867. 
 
214 
 
 ORDINANCES. 
 
 City clerk to is- 
 sue licenses and 
 keep record. 
 1867. 130, $ 3. 
 
 Treasurer to 
 keep separate 
 account. 
 
 Ibid. $ 4. 
 
 Penalty for 
 keeping un- 
 licensed dog. 
 Ibid. $ 5. 
 
 Transfer of 
 license. 
 
 Assessors to re- 
 port dogs. 
 
 Ibid. $ 6, 
 
 licensed un.til the first day of the ensuing May, in the manner, 
 and subject to the terms and duties prescribed in this act. 
 
 Sect. 3. The clerks of cities or towns shall issue said 
 licenses, and receive the money therefor, and pay the same into 
 the treasuries of their respective counties, except in the county 
 of Suffolk, on or before the first day of December of each year, 
 retaining to their own use twenty cents for each license, and 
 shall return therewith a sworn statement of the amount of 
 moneys thus received and paid over by them. They shall also 
 keep a record of all licenses issued by them, with the names of 
 the keepers or owners of dogs licensed, and the names, regis- 
 tered numbers and descriptions of all such dogs. 
 
 Sect. 4. It shall be the duty of each county treasurer, and 
 of each city or town treasurer, except in the county of Suffolk, 
 to keep an accurate and separate account of all moneys 
 received and expended by him under the provisions of this act. 
 
 Sect. 5. Any person keeping a dog, contrary to the provi- 
 sions of this act, shall forfeit fifteen dollars, to be recovered by 
 complaint or indictment; and of said fine or forfeiture, five dol- 
 lars shall be paid to the complainant, and ten dollars shall be 
 paid to the treasurer of the county in which the dog is kept; 
 except that in the county of Suffolk, the ten dollars shall be paid 
 to the treasurer of the city or town wherein said dog is kept. 
 A license from the clerk of any city or town shall be valid in 
 any part of the Commonwealth, and may be transferred with 
 the dog licensed : provided, said license be recorded by the clerk 
 of the city or town where such dog is kept. 
 
 Sect. 6. The assessors of the cities and towns shall annu- 
 ally take a list of all dogs owned or kept in their respective 
 cities or towns, on the first day of May, with the owners’ or 
 keepers’ names, and return tlue same to the city or town clerk, 
 on or before the first day of July. Any owner or keeper of a 
 dog who shall refuse to give just and true answers, or shall 
 answer falsely to the assessors, relative to the ownership thereof, 
 shall be punished by a fine of not less than ten dollars, to be 
 paid, except in the county of Suffolk, into the county treasury. 
 
DOGS. 
 
 215 
 
 Sect. 7 . Mayors of cities and the chairman of selectmen of Unlicensed do ^ 
 
 J to be killed. 
 
 towns shall annually, within ten days from the first day of July, 1867 . 130,57. 
 issue a warrant to one or more police officers, or constables, 
 directing them to proceed forthwith either to kill, or cause to 
 be killed, all dogs within their respective cities or towns, not 
 licensed and collared according to the provisions of this act, 
 and to enter complaint against the owners or keepers thereof, 
 and any person may, and every police officer and constable 
 shall kill or caused to be killed all such dogs whenever or 
 wherever found. Such officers, other than those employed 
 under regular pay, shall receive one dollar for each dog so 
 destroyed, from the treasurers of their respective counties, 
 except that in the county of Suffolk they shall receive it from 
 the treasurers of their respective cities or towns. All bills for 
 such services shall be approved by the mayor, or chairman of 
 the selectmen, of the city or town in which said dogs are 
 destroyed, and shall be paid from moneys received under the 
 provisions of this act. 
 
 Sect. 8. Each police officer or constable, to whom the war- Police officers to 
 rant named in the preceding section shall have been issued, shall doomed™ ° f 
 return the same, on or before the first day of the October fol Ibld ' $8 ' 
 lowing, to the mayor or chairman of selectmen issuing the same, 
 and shall state in said return the number of dogs killed, and the 
 names of the owners or keepers thereof, and whether all unli- 
 censed dogs in his city or town have been killed, and the names 
 of persons against whom complaints have been made under the 
 provisions of this act, and whether complaints have been entered 
 against all the persons who have failed to comply with the pro- 
 visions of this act. 
 
 Sect. 9. The mayors of cities, and the chairman of selectmen Mayor to notify 
 of towns, shall annually, within ten days from the first day of ^iMue^waf- 
 October, transmit a certificate, regularly subscribed and sworn „ 
 
 7 ° y Ibid. 5 9. 
 
 to, of the fact of the issue of the warrant named in section seven, 
 and whether the same has been duly executed and returned, 
 agreeably to the provisions of this act, to the district-attorneys 
 
 2 
 
216 
 
 ORDINANCES. 
 
 1867 . 130, §9. of their respective districts, whose duty it shall be to prosecute 
 all such city, town or county officers as fail to comply with the 
 provisions of this act. 
 
 Damage to ani- Sect. 10 . Whoever suffers loss by the worrving, maiming or 
 
 by city. killing of his sheep, lambs, fowls or other domestic animals by 
 dogs, may inform the mayor of the city, or the chairman of the 
 selectmen of the town wherein the damage was done who shall 
 proceed to the premises where the damage was done and deter- 
 mine whether the same was inflicted by dogs, and if so, appraise 
 the amount thereof and return a certificate of said amount, 
 except in the county of Suffolk, to the county commissioners, on 
 or before the first day of December: provided , however, that if, 
 in the opinion of said mayor or chairman of selectmen, the 
 amount of said damage shall exceed the sum of twenty dollars, 
 he shall appoint two disinterested persons who, with the said 
 mayor or chairman of selectmen, shall appraise the amount of 
 such damage, and return a certificate of the same, except in the 
 county of Suffolk, to the county commissioners, on or before the 
 first day of December. The county commissioners shall, during 
 the month of December, examine all such bills, and, when any 
 doubt exists, may summon the appraisers and all parties inter- 
 ested, and make such examination as they may think proper, 
 and shall issue an order upon the treasurer of the county in 
 which the damage was done, for all or any part thereof, as jus- 
 tice and equity may require. 
 
 The treasurer shall annually, on the first Wednesday of Jan- 
 uary, pay all such orders in full, if the gross amount received by 
 him and not previously paid out under the provisions of this 
 act is sufficient therefor ; otherwise he shall divide such amount 
 pro rata among such orders, in full discharge thereof. 
 
 The appraisers shall receive from the county, or in the county 
 of Suffolk from the city or town treasurer, out of the moneys 
 received under the provisions of this act, the sum of one dollar 
 each for every examination made by them, as prescribed in this 
 section ; and the mayor or the chairman of selectmen acting in 
 
DOGS. 
 
 217 
 
 the case shall receive twenty cents per mile one way for his ne- i 867 . 130, $ 10. 
 cessary travel in the case. 
 
 The owner of sheep, lambs or other domestic animals worried, 
 maimed or killed by dogs, shall have his election whether to 
 proceed under the provisions of this section or under the pro- 
 visions of sections sixty-one, sixty-two and sixty-three of chapter 
 eighty-eight .pf the General Statutes ; but, having signified his 
 election by proceeding in either mode, he shall not have the other 
 remedy. In the absence or sickness of the mayor of the city, 
 or chairman of the selectmen of the town, in which the damage 
 is done, it shall be the duty of any one of the aldermen of said 
 city, or of the selectmen of said town, who may be duly informed 
 of damage supposed to have been done by dogs, to discharge 
 forthwith the duties imposed by this section upon the mayor or 
 chairman of selectmen. 
 
 Sect. 11. Any city, town or county officer refusing or wil- Penalty for neg- 
 lect of duty. 
 
 fully neglecting to perform the duties herein imposed upon him, ibid. $ 11 . 
 shall be punished by a fine not exceeding one hundred dollars 
 to be paid, except in the county of Suffolk, into the county 
 treasury. Any person aggrieved by such refusal or neglect on 
 the part of any city, town or county officer, may report the same 
 forthwith to the district-attorney of his district. 
 
 Sect. 12. The treasurer of any county may, and, when 0wners of d °s* 
 
 J J J liable for their 
 
 ordered by the county commissioners, shall, bring an action of injuries to 
 tort against the owner or keeper of any dog concerned in doing ibid^S?* 
 damage to sheep, lambs or other domestic animals in said county, 
 which damage the county commissioners have ordered to be paid, 
 to recover the full amount thereof to the use of said county. 
 
 All fines and penalties provided in this act may be recovered on 
 complaint or indictment, before any court of competent jurisdic- 
 tion, in the county where the offence is committed. 
 
 Moneys received by the treasurer of any city, town or county, 
 under the provisions, of this act, and not expended in accordance 
 with its provisions may be applied to the payment of any city, 
 town or county expenses. 
 
218 
 
 ORDINANCES. 
 
 Claims in county 
 of Suffolk, bow 
 paid. 
 
 1867. 130, $ 13. 
 
 Dangerous 
 dogs, how dis- 
 posed of. 
 
 Ibid. $ 14. 
 
 Warrant, form 
 of, for killing 
 
 dogs. 
 
 Ibid. $ 16. 
 
 Sect. 13. In the county of Suffolk, all moneys received for 
 licenses or recovered as fines or penalties under the provisions 
 of this act, which, if received or recovered in any other county, 
 would be paid, into the county treasury, shall be paid into the 
 treasury of the city or town in which said licenses are issued or 
 said fines or penalties recovered. All claims for damage done 
 by dogs in said county shall be determined by appraisers, as 
 specified in section ten of this act, and, when approved by the 
 board of aldermen or selectmen of the city or town where the 
 damage was done, shall be paid in full on the first Wednesday of 
 January of each year by the treasurer of said city or town, if 
 the gross amount received by him and not previously paid out 
 under the provisions of this act is sufficient therefor ; otherwise, 
 such amount shall be divided yro rata, among such claimants in 
 full discharge thereof. 
 
 After such claims have been approved by the board of aider- 
 men or selectmen, the treasurer of said city or town may, and, 
 when ordered by the board of aldermen or selectmen, shall, 
 bring an action of tort to recover, against the owner or keeper 
 of any dog concerned in doing the damage, the full amount 
 thereof. 
 
 Sect. 14. Any person owning or keeping a licensed dog, 
 who may have received a notice, in accordance with section six- 
 ty-one of chapter eighty-eight of the General Statutes, that said 
 dog is mischievous or dangerous, and who does not kill it or 
 keep it thereafter from ever going at large, shall, on complaint 
 or indictment, forfeit ten dollars, if it be proved that said dog be 
 mischievous or dangerous. 
 
 Sect. 15. All acts or parts of acts inconsistent with this act 
 are hereby repealed. 
 
 Sect. 16. The warrants required to be issued by the seventh 
 section of this act may be in the following form, viz : 
 Commonwealth of Massachusetts. 
 
 [Seal.] 
 
 M ss. To , constable of the town (or city) 
 
 of 
 
 In the name of the Commonwealth of Massachusetts, you are 
 
FIRES. 
 
 219 
 
 hereby required to proceed forthwith to kill or cause to be killed, 1867 - 130 > 5 10 - 
 all dogs within the said town not duly licensed and collared accord- 
 ing to the provisions of the act of the year eighteen hundred and 
 sixty-seven, entitled “ An Act concerning Dogs, and for the pro.- 
 tection of Sheep and other Domestic Animals,” and you are further 
 required to make and enter complaint against the owner or keeper 
 of any such dog. 
 
 Hereof fail not, and make due return of this warrant with your 
 doings therein, stating the number of dogs killed and the names of 
 the owners or keepers thereof, and whether all unlicensed dogs in 
 said town (or city) have been killed, and the names of persons 
 against whom complaints have been made under the provisions of 
 said act, and whether complaints have been made and entered 
 against all the persons who have failed to comply with the provis- 
 ions of said act, on or before the first day of October next. 
 
 Given under my hand and seal at aforesaid, the 
 
 day of in the year eighteen hundred and 
 
 (Mayor of) or Chairman of the 
 Selectmen of 
 
 FIRES. 
 
 RULES. 
 
 1. Firemen to wear badges. 
 
 2. Badge not to be lent. 
 
 3. Unauthorized persons not to 
 have badge. 
 
 4. When badge is lost. 
 
 5. Disorderly firemen to be dis- 
 missed. 
 
 6. Substitutes, how many. 
 
 7. How appointed. 
 
 STATUTE . 1 
 
 Section 1 . When property is destroyed by fire, and a com- Jury of inque* 
 plaint, within thirty days thereafter, is subscribed and sworn to iseu^o^i. 
 by any person before any police court, or any municipal court, 
 
 STATUTE. 
 
 1. Jury of inquest may be called. 
 
 2. Oath of jurors. 
 
 3. Witnesses to attend. 
 
 4. Oath of witnesses. 
 
 5. Testimony, how taken. 
 
 6. Inquisition, how filed. 
 
 7. Fees and expenses. 
 
 An act to provide for Inquests in cases of Fire, passed June 1, 1867. 
 
220 
 
 ORDINANCES. 
 
 1867. 303, §1. 
 
 Oath of jurors. 
 Ibid. $ 2. 
 
 Witnesses to 
 
 tend. 
 
 Ibid. $ 3. 
 
 Oath of wit- 
 nesses. 
 
 Ibid. $ 4. 
 
 or any trial justice, alleging that reasonable grounds exist for 
 believing that the fire was caused by design, and a majority of 
 the mayor and aldermen or selectmen of the city or town respec- 
 tively in which said property is situated certify in writing, that 
 in their opinion, the same is a proper case for investigation, such 
 court or justice shall forthwith issue a warrant to a constable of 
 the place where the property was destroyed, requiring him forth- 
 with to summon six good and lawful men of the county to appear 
 before the court, or justice, at a time and place expressed in the 
 warrant, to inquire when and by what means the fire originated j 
 which warrant shall be served and returned in the manner pre- 
 scribed in section three of chapter one hundred and seventy-five 
 of the General Statutes; and the constables and jurors shall be 
 subject to the penalties .therein specified for similar neglects. 
 If any person so summoned does not appear, the constable shall 
 by order of the justice or court, return some person from the 
 by-standers to complete the number. 
 
 Sect. 2. The justice or court shall, in view of the spot on 
 which the property was destroyed, administer to the persons 
 thus summoned or returned the following oath: “You solemnly 
 swear, that you will diligently inquire and true presentment 
 make, on behalf of this Commonwealth, when and by what means 
 the fire which has here occurred was caused, and that you will 
 return a true inquest according to your knowledge and such evi- 
 dence as shall be laid before you. So help you, God.” 
 
 Sect. 3. The justice or court may issue subpoenas for wit- 
 nesses returnable forthwith at a time and place therein set forth. 
 Their attendance may be enforced in like manner as if they had 
 been subpoenaed in behalf of the Commonwealth. 
 
 Sect. 4. An oath to the following effect shall be adminis- 
 tered to such witnesses : “You solemnly swear, that the evi- 
 
 dence which you shall give to the inquest, concerning the origin of 
 the fire of which inquiry is now to be made, shall be the truth, 
 the whole truth, and nothing but the truth. So help you, 
 God.” 
 
FIRE DEPARTMENT. 
 
 221 
 
 Sect. 5. The testimony shall be reduced to writing by the Testimony, how 
 
 tciKcn* 
 
 presiding justice, or some person by his direction, and sub- 1867. 303 , $ 5 . 
 scribed by the witnesses. 
 
 Sect. 6. The jury, after hearing the testimony and making In i ui8ition > ho ' sr 
 
 filed. 
 
 all needful inquiry, shall draw up and deliver to the justice or ibid. $ e. 
 court their inquisition under their hands, in which they shall find 
 and certify when and by whot means the fire was caused ; and 
 said inquisition and testimony thus subscribed shall, within one 
 week thereafter, be filed by the magistrate with the clerk of the 
 courts for the county, or in the county of Suffolk with the clerk 
 of the municipal court. 
 
 Sect. 7. The fees of the magistrate, and the expenses of the Fees and ex * 
 
 0 A penses. 
 
 inquisition, shall be the same, and be returned, audited, certified ibid. $ 7. 
 and paid in like manner as is provided for coroners’ inquests. 
 
 FIRE DEPARTMENT. 
 
 RULES. 1 
 
 Section 1. All members of the Boston Fire Depar tment, Firemen to wear 
 and substitutes not exceeding two for each Engine and Hose badge™ 11011 
 Company and four for each Hook and Ladder Company, shall, Dec * 10,1867 ‘ 
 while on duty as firemen, or at fires, in addition to the fire hat 
 and leather badge now worn, wear the corporation badge, in 
 a plain conspicuous manner on the vest or coat, and no mem- 
 ber will be allowed to enter the line at a fire, or any building 
 when on fire, without said badge. 
 
 Sect. 2. No member will be. allowed to lend his badge on Badge not to t>* 
 any pretext whatever, under the penalty of dismissal from the ibid, 
 department. 
 
 Sect. 3. Any person appearing at a fire with a badge who unauthorized^ 
 is not a member, or regularly appointed substitute, will be deemed wear badges, 
 guilty of a misdemeanor, and will be punished accordingly. 
 
 1 Rules and regulations adopted by Board of Engineers, Dec. 4, 1867, 
 and approved by mayor and aldermen, Dec. 10, 1867. 
 
222 
 
 ORDINANCES. 
 
 When badge i 8 Sect. 4. Any member who loses his badge, will imme- 
 
 Dec. io, 1867. diately advertise the same, and use the utmost diligence to 
 recover it, and in case of failure will be charged with the price 
 of five dollars for the badge. 
 
 Disorderly Sect. 5. If any member in going to or returning from a fire 
 
 members to be * / do o 
 
 dismissed. shall behave in any way unbecoming a fireman, any party ag- 
 
 Ibid. 
 
 grieved may report to the Chief Engineer the number of his badge 
 and if said fireman refuses to give his number correctly, it 
 will be deemed good cause for his dismissal from the depart- 
 ment. 
 
 Substitutes, Sect. 6. Each Engine and Hose Company may have substi- 
 
 ibid. tutes not to exceed two, and each Hook and Ladder Company 
 
 not to exceed four, to do duty in place of persons absent from 
 duty, as provided by City Ordinance, viz : in cases of sickness 
 or absence from the city. 
 
 »ppointed S,hoW Sect. 7. Said substitutes shall be approved by the Chief 
 
 ibid. Engineer, or by the Engineer of the district, upon the recommen- 
 
 dation of the respective companies. 
 
 HARBOR. 1 
 
 STATUTE. 
 
 1. Harbor Commission to contract 
 for sea-wall, and to deepen flats. 
 
 2. May modify a certain line. 
 
 3. Engineer to be appointed by 
 governor. Plans to be ap- 
 proved. Compensation. 
 
 4. Boston Wharf Co.’s power re- 
 voked. 
 
 5. Engineer to make surveys. 
 
 6. Appropriations. 
 
 ORDINANCE. 
 
 Dredging machine, care and 
 use of. 
 
 STATUTE. 2 
 
 Harbor commis- Section 1. The board of harbor commissioners is hereby 
 
 6ion to contract v 
 
 for sea-waii and authorized and empowered to contract with any responsible 
 
 to deepen flats. 
 
 1867 . 364 , $ 1 . ' ' 
 
 1 Resolves in relation to the Commonwealth Plats near South Boston : 
 Besolved, That a joint committee, consisting of three members on the 
 part of the senate, with six members on the part of the house of repre- 
 
 2 An act for the improvement of the Harbor of Boston and the Common- 
 wealth’s Flats therein, passed June 1, 1867. 
 
HARBOR. 
 
 223 
 
 person or persons for the construction of a continuous sea-wall 1867, 354 » 5 1< 
 upon the flats of the Commonwealth in Boston harbor as here- 
 inafter described. They are also authorized and empowered 
 to contract for the dredging and deepening of such flats as are 
 
 sentatives, be appointed, with full authority, subject to the approval of the 
 governor and council, to release for money or such other valuable con- 
 sideration and upon such terms and conditions as they shall think fit, the 
 right, title and interest of the Commonwealth, in and to the whole or any 
 part of the land and flats in Boston Harbor, which lie northerly of South 
 Boston and easterly of Fort Point Channel, and within the exterior line on 
 the plan for the occupation of the flats owned by the Commonwealth in 
 Boston Harbor, approved by the legislature in the eighty-first chapter of 
 the resolves of the year one thousand eight hundred and sixty-six, and on 
 any modification of said plan hereafter made ; and said committee may sit in 
 the recess of the legislature. 
 
 Resolved , That said committee may contract with any person or persons, 
 or the city of Boston, for the filling of any portion of said flats or for 
 building wharves, or making docks, basins, streets, bridges or sewers, 
 dredging, or doing any other work upon or in relation to said flats ; and to 
 pay for the same by conveyances of any portions of said flats, or the 
 granting of any rights or privileges therein, and for laying out and build- 
 ing streets and sewers to and over said flats or any part thereof, reserving 
 and laying out channels ; and they may authorize any corporations or per- 
 sons to lay and use railroad tracks over any parts of said flats, for the pur- 
 pose of transporting materials for filling up the said flats and of any other 
 work in relation thereto, and shall have full power to determine and settle, 
 by agreement, arbitration, or process of law, the relative rights and inter- 
 ests of the Commonwealth and all other parties in and to and over said 
 flats and any parts thereof ; and said committee shall have power to enter 
 into any contracts in regard to the occupation and improvement of said 
 fiats which said committee think best : provided , that every conveyance 
 made and the terms thereof, every contract entered into, every authority 
 given for laying railroad tracks and otherwise, every plan for the occupa- 
 tion of said flats and building docks, basins, wharves, streets and sewers 
 thereon, adopted by said committee, and all acts of said committee in rela- 
 tion to said flats, shall be submitted to the governor and council, and shall 
 not be binding on the Commonwealth, and shall not have any force or 
 effect until the same have been approved by the governor and council ; and 
 that nothing herein contained shall authorize said committee, by any 
 stipulation or contract, to require the payment of money from the treasury 
 of the Commonwealth. And all moneys received under and by virtue of 
 these resolves, other than moneys hereinafter applied to the compensation 
 fund, shall be paid to the treasurer of the Commonwealth, to be applied to 
 3 
 
224 
 
 ORDINANCES. 
 
 1867 . 354, § 1 . j n f ron t 0 f sa j (5 S ea-wall, for the purpose of filling so much of 
 the flats of the Commonwealth as may be included within a line 
 behind said wall, and parallel therewith, such filling to be 
 extended inwardly only so far as may be necessary to support 
 
 the sinking fund, as provided for by section three of chapter one hundred 
 and twenty-two of the acts of the year eighteen hundred and sixty-five. 
 
 Besolved , That the said committee may make any contracts which they 
 think judicious, with any of the riparian proprietors in South Boston, 
 for the purchase of any of their flats, or rights or interests therein : pro- 
 vided , that no such contract shall be binding on the Commonwealth until 
 the same has been approved by the governor and council, and that no such • 
 contract shall require the payment of any money from the treasury of the 
 Commonwealth beyond the amount received under this act. 
 
 Besolved , That said committee shall neither fill nor make any contract 
 for the filling of any portion of said flats, nor allow the same to be filled 
 by any person or persons, without first providing for such compensation 
 for tide-water displaced as may be necessary for the protection and preser- 
 vation of the harbor of Boston, the amount of such displacement to be 
 ascertained, and the amount and nature of the compensation necessary to 
 be made therefor, or the worth of the same in money, to be determined by 
 said committee, after consultation with the board of harbor commissioners 
 and the advisory council of said board, and subject to the approval of the 
 governor and council; and such work shall be done under the direction of 
 the board of harbor commissioners, or the money received in lieu thereof 
 shall be paid into the treasury, in the manner provided in section four of 
 chapter one hundred and forty-nine of the acts of the year eighteen hun- 
 dred and sixty-six, and shall be applied to making compensation, in such 
 manner as the legislature shall hereafter determine. The committee shall 
 estimate the cost of compensation necessary to be made for filling the 
 whole area herein authorized to be filled, and shall inquire into the best 
 method of making such compensation, and report all the facts with their 
 recommendations to the next legislature. 
 
 Besolved , That said committee shall appoint a time and place for hearing 
 of all parties interested in the premises, on all matters preliminary to the 
 execution of •their commission, and shall give at least ten days’ notice 
 thereof, by publication in three or more newspapers printed in the city of 
 Boston ; and it shall be their duty to suggest for consideration any new 
 enactments of law which they may think needful, for the purpose of carry- 
 ing into full effect any agreements made or contemplated by them, and of 
 securing the public objects aforesaid in the future improvement of said 
 land and flats conformably to said plan ; and they shall keep an account of 
 all their actual services, and of all expenses attending the execution of 
 their commission, to be duly audited and allowed by the governor and 
 
HARBOR. 
 
 225 
 
 the sea-wall, and upon the following terms and conditions. The 1867 * 354,§1, 
 sea-wall shall be commenced at or near the point of intersection 
 of the line marked A on the commissioners’ line, established by 
 chapter three hundred and eighty-five of the acts of the year 
 one thousand eight hundred and fifty-three, with the easterly 
 line of Fort Point Channel, and shall be built from that point, 
 and within and parallel with the exterior line to the point 
 known as Slate Ledge, as laid down on the plan for the occupa- 
 tion of the flats owned by the Commonwealth in Boston harbor, 
 approved by the legislature in the eighty-first chapter of the 
 resolves of the year one thousand eight hundred and sixty-six, 
 or upon any modifications of said plan hereafter made. 
 
 Sect. 2. The board of harbor commissioners shall have May modify & 
 
 . . certain line. 
 
 authority to modify the line between point A and the point ma. $ 2 . 
 where the curve strikes the exterior line recommended by the 
 United States commissioners on Boston harbor, and the sea-wall 
 shall be built in accordance with the line so modified. 
 
 Sect. 3. An engineer shall be appointed by the governor, Engineer ^ may 
 whose duty it shall be to prepare plans and specifications for governor, 
 proposals and contracts for the construction of said sea-wall, pensa t ion° m 
 dredging and filling. He shall consult with the harbor commis- lblcL$3 ' 
 sioners, and shall locate said wall and decide upon the amount 
 of dredging and width of filling behind the sea-wall, having due 
 regard for economy and strength, as well as the proper direction 
 of the currents in Boston harbor. All plans and specifications 
 for contracts, prepared by said engineer, shall be submitted to 
 the governor and council ; and if approved by them, the Com- 
 missioners shall advertise for proposals for the work; which 
 proposals shall be submitted to the governor and council; and 
 when any proposals are approved and accepted by them, the 
 commissioners shall sign such contract as the representatives 
 
 council, and paid by warrants upon the treasury, duly drawn for that pur- 
 pose bj' the governor, who is hereby authorized to draw the same. 
 
 The authority of said committee shall continue until the action of the 
 next legislature thereupon. The act of the major part of the committee 
 shall be taken to be the act of the committee. [ Approved , June 1, 18G7.] 
 
226 
 
 ORDINANCES. 
 
 Boston Wharf 
 Co.’s license re* 
 yoked. 
 
 Ibid. $ 4. 
 
 1867. 354, §3. 0 f th e Commonwealth. The engineer shall have the superin- 
 tendence of all the works to be done in pursuance of this act, 
 under the direction of the board of harbor commissioners. The 
 compensation of the engineer shall be fixed by the governor and 
 council. 
 
 Sect. 4. All license and authority to the Boston Wharf 
 Company to extend their wharf over so much of the territory 
 referred to in section one of chapter four hundred and fifty-five 
 of the acts of the year eighteen hundred and fifty-five, as lies 
 between lines marked A and B, described in chapter three hun- 
 dred and eighty-five of the acts of the year eighteen hundred 
 and fifty-three, are hereby revoked, except so far as substantial 
 structures may have been erected by said company thereon. 
 
 Sect. 5. It shall be the duty of the engineer, appointed 
 under this act, to cause hydrographical surveys to be made 
 from time to time for the purpose of determining the effect upon 
 the harbor of the structures and filling in connection with the 
 dredging herein authorized, and in case it shall appear that the 
 same injuriously affect the harbor, by reason of the displace- 
 ment of tide-water, compensation shall be made therefor, in such 
 manner, and to such an extent as the legislature shall hereafter 
 determine. 
 
 Sect. 6. For the works to be done under this act, the sum 
 of two hundred thousand dollars is hereby appropriated, and 
 shall be allowed and paid. 
 
 Surveys to 
 made. 
 
 Ibid. $ 5. 
 
 Appropriations. 
 Ibid. $ 6. 
 
 ORDINANCE . 1 
 
 Dredging ma- 
 chine, care and Section 1 . The Committee on the Harbor shall have charge 
 
 March 22 , 1867 . of the steam dredging machine owned by the city, and may con- 
 tract annually, within appropriations previously made by the 
 City Council, for the services of such persons as may be neces- 
 sary to keep it in operation. Said Committee may make such 
 rules and regulations in relation to the use of the dredging ma- 
 
 1 An ordinance in addition to an ordinance relating to the preservation 
 of Boston Harbor, passed March 22, 1867. 
 
HAY WEIGHING. 
 
 227 
 
 chine, and the conduct of the men employed in operating it, as Mar - 22 > 1867, 
 they shall deem proper. They may make contracts with indi- 
 viduals and corporations for the use of the dredging machine, fix 
 the amount to be paid therefor, and make out the bills, and deposit 
 them with the City Treasurer for collection. 
 
 HAY WEIGHING. 
 
 ORDINANCES. 
 
 1. Office hours determined. 
 
 Fees to be collected. 
 
 ORDINANCE . 1 
 
 Section 1 . The ordinance relating to the weighing of hay 0ffice hourfl * 
 
 ° ° J April 13, 1867, 
 
 and other articles, passed on the twentieth of August, eighteen 
 hundred and fifty, is hereby amended in the fourth section, by 
 striking out all after the word “ sunset ” in the fifth line, to the 
 word “ and ” in the tenth line, and inserting in place thereof 
 the following words, u during the months of December, January 
 and February ; and from seven o’clock in the forenoon until six 
 o’clock in the afternoon, during the months of March, April, 
 
 May, June, July, August, September, October, and November. 
 
 Sect. 2. From and after the passage of this ordinance, and Fees, 
 until otherwise provided, the fees to be paid for the weighing of 
 hay, straw, and all other articles, except coal, shall be one cent 
 for every hundred pounds. 
 
 1 An ordinance to amend an ordinance relating to the weighing of Hay 
 and other articles, passed April 13, 1867. 
 
228 
 
 ORDINANCES. 
 
 HEALTH. 
 
 STATUTES. 
 
 1. City to take property and 
 lands near Church Street, to 
 file description in Registry of 
 deeds, may raise the grade. 
 
 2. Parties injured to have rem- 
 edy in equity, to file plans and 
 statements. 
 
 3. Court to appoint Commis- 
 sioners. 
 
 4. Duties of Commissioners. 
 
 5. To report to the Court. 
 
 6. Parties aggrieved, how to 
 proceed. 
 
 7. Decree and execution. 
 
 8. Costs of parties. 
 
 9. City not exempt from other 
 liabilities. 
 
 10. How to proceed against the 
 State. Attorney-General to 
 appear. 
 
 11. Court to order and enforce 
 decrees. 
 
 12. Legal costs how paid. 
 
 13. City may construct a street 
 railway for transportation of 
 earth for filling. 
 
 ORDINANCE. 
 
 1. Internal health department 
 abolished. 
 
 2. Pees of funeral undertakers. 
 
 STATUTE. * 1 
 
 City may take 
 lands and prop- 
 erty. 
 
 1 867 . 308 , § 1 . 
 
 Bounds defined. 
 
 Shall file de- 
 scription and 
 statement in 
 registry of 
 deeds. 
 
 Mayor to sign. 
 
 Section 1 . The city of Boston may purchase or otherwise 
 take the lands or any of them in said city, with the buildings 
 and other fixtures thereon, situated and lying within the district 
 bounded on the northwest by the northwesterly line of Colum- 
 bus Avenue, extended to Church Street ; on the north by the 
 line of the southerly side of the passenger station of the Boston 
 and Providence Railroad Corporation, and the same extended 
 to the westerly line of Church Street ; on the east by Pleasant 
 Street ; on the southeast and south by Tremont Street and the 
 Boston and Worcester Railroad; and on the west by Ferdinand 
 Street. Said city shall, within sixty days from the time they 
 shall take any of said lands, file in the office of the registry of 
 deeds for the county of Suffolk, a description of the lands so 
 taken, as certain as is required in a common conveyance of 
 lands ; and a statement that the same are taken pursuant to the 
 provisions of this act; which said description and statement 
 shall be signed by the mayor of said city; and the title to all 
 
 1 An act to enable the City of Boston to abate a nuisance existing therein, 
 and for the preservation of the public health in said city, passed June 
 
 1, 1867.. 
 
HEALTH. 
 
 229 
 
 land so taken shall vest in the city of Boston, and if any party ™ e t0 vest in 
 whose land is taken shall agree with the said city upon the dam- Damage, how 
 age done to him by the said taking, the same shall be paid to m * pa d * 
 him by the said city forthwith. And it shall be the duty of the Cit r 6ha11 raise 
 
 grade of terri- 
 
 city of Boston, forthwith to raise the grade of said territory so tory. 
 taken or purchased, laying out and filling up the same with good 18G7 ' 3 ° 8 ’ § 1 * 
 materials, with reference to a complete drainage thereof, so as 
 to abate the present nuisance, and to preserve the health of the 
 city, and in no wise to affect injuriously the lands of the Com- 
 monwealth or its grantees in the back bay, or the system of 
 drainage therein. 
 
 Sect. 2. Any person entitled to anv estate in any part of Person entitled 
 the land so taken may, at any time within one year from the may file bin in 
 time when the same shall be taken, as well in his own behalf, as court" for dam- 
 in behalf of all other persons having estates in the land so tak- age8 agai " 8t 
 en, file a bill in equity in the supreme judicial court, in the p °wer Co., or 
 
 other party. 
 
 county of Suffolk, setting forth the taking of the complainant’s ibid. § 2. 
 land, and the condition of the same in respect to its capacity for 
 drainage, and whether the complainant claims any and what 
 damages against the city of Boston, or the Boston Water Power 
 Company, or any other corporation or person, by reason of any 
 and what wrongful act or omission, by their causing a diminution 
 in the value of his land at the time of said taking, and praying 
 an assessment of damages against such parties. And upon the court shall 
 filing of such a bill, the said court shall cause notice of the pen- ^"ndantB^and 
 dency of said bill to be given to the parties named therein as P ublic notice t0 
 
 others in inter- 
 
 delendants, according to the course of courts of equity, and also est. 
 public notice thereof, to all persons in whose behalf such bill 
 shall be filed, to appear and become parties thereto, if they shall 
 think fit to do so. Said court shall prescribe how such public shall determine 
 notice shall be given, and what length of time shall be allowed foMippearii ^? 0 
 for appearing and becoming a party to such suit. Any party Party failing to 
 failing so to appear and become a party within the time pre- appcar 8ha11 b ® 
 
 barred. 
 
 scribed by the court, shall be forever barred from recovering 
 any damages on account of such taking. Each person so appear- 
 
230 
 
 ORDINANCES. 
 
 hig rS °to SrST an( ^ becoming a P ar ty> shall a WI *itten description of the 
 ecription and land in which he claims an estate, together with a plan thereof, 
 1867. 308, §2. so as clearly to distinguish the same from all other lands, and 
 claims for in- s h a ii a i so declare what estate he claims therein. If he claims 
 
 jury "by taking; 
 
 statement re- that the value of said lands at time of taking the same was les- 
 sened by any unlawful act or omission of the city of Boston, or 
 the Boston Water Power Company, or any other corporation or 
 person, so that the value of the land in its condition when taken, 
 would not be a just compensation for all the estate and rights 
 of the party in and in reference to the same, such party shall 
 also state what such injury is, and how and by whom the same 
 had been, or is, caused, and what right or title of the party 
 is violated, and what amount of damages in gross is claimed by 
 him, as compensation therefor, from each of the parties defend- 
 ant. 
 
 Sect. 3 . Upon the expiration of the time allowed for appear- 
 ance to the said bill, the said court shall appoint three commis- 
 sioners, who shall receive such compensation as the said court 
 shall fix, to be paid by the city of Boston. 
 
 Sect. 4 . It shall be the duty of the said commissioners, after 
 due notice, to hear each of the said parties, including the said 
 city of Boston, and the said Water Power Company, $nd other 
 parties named as defendants, and to assess the present value of 
 each parcel of the said land claimed by any party so appear- 
 ing, with its capacity for drainage in its present condition ; and 
 the amount in gross, if any, of damages done to such parcel of 
 land by reason of any unlawful act or omission of the city 
 of Boston, or the Water Power Company, or any other party 
 defendant, affecting its value at the time of said taking. 
 
 Sect. 5 . Said commissioners, or the major part of them, shall 
 make report to the said court of their doings, and when request- 
 ed by any party, of the evidence touching any exception intended 
 
 Court shall ap- 
 point commis- 
 sioners; city 
 shall pay. 
 
 Ibid. § 3. 
 
 Duties of com- 
 missioners. 
 
 Ibid. § 4. 
 
 Shall report do- 
 ings to court, 
 and, upon re- 
 quest, evidence 
 for party. 
 
 Ibid. § 5. 
 
 to be taken by him. 
 
 Sect. 6 . Any party aggrieved may 
 
 either except to the 
 
 Party aggrieved, 
 how may pro- 
 ceed. report of the said commissioners, and have the exception heard 
 
 Ibid. $ 6. 
 
HEALTH. 
 
 231 
 
 and determined by the said court, according to its course as a 1867, 308, 5 6 * 
 court of equity, or may apply to the said court to have proper 
 issues framed and tried by a jury, and proceeded in as in other 
 cases of issues ordered by the said court. And on the trial of 
 any such issue, the report of the commissioners respecting its 
 subject-matter shall be prima facie evidence of what is therein 
 stated. 
 
 Sect. 7. When it shall be finally determined what amount of ® e t ^® e “^ e exe ‘ 
 damages any party is entitled to recover against the city of gi ven free of 
 
 other pending 
 
 Boston or the Boston Water Power Company, or any other claims, 
 party defendant, a separate decree shall be entered accordingly, 1 * 1 ^ 7, 
 and execution therefor shall be issued, without regard to the 
 pendency of the claims of any other party or parties, or of 
 other claims of such complainant. 
 
 Sect. 8. If any party shall elect a jury, he shall recover his party 
 
 legal costs, if the award of the commissioners shall be altered in iwa. § 8 - 
 his favor ; otherwise, he shall be liable for the legal costs of the 
 other party* or parties. 
 
 Sect. 9. Nothing in this act shall be construed as exempting ^p t n c* ty \om 
 the city of Boston from any obligation it would otherwise be liabilitiea other * 
 under, to make compensation to the owners of lands abutting on iwd. § 9. 
 or near to the territory described in the first section of this act, 
 for any injury it may do to such lands in any acts of raising, 
 filling or draining said territory or any part thereof. 
 
 Sect. 10. If any party shall allege that the value of his land Claim of P ai y 
 at the time of the said taking had been diminished by any act be in nature of 
 
 . , petition of right. 
 
 or omission of the Commonwealth or its agents or officers, for ibid. §io. 
 which diminution the Commonwealth ought to make him com- 
 pensation, he shall make the allegations relating thereto in a 
 separate article of the bill, in the nature of a petition of right 
 against the Commonwealth, and the' court shall cause notice 
 thereof to be served upon the attorney-general. And the attor- Attorne y-g en - 
 
 J eral to appear. 
 
 ney-general shall appear, and may make a separate answer commissioners 
 thereto; and the commissioners appointed by the court to assess court^teport, 
 damages under this act, are hereby empowered to make a sep- 
 
 • i 
 
232 
 
 ORDINANCES. 
 
 1867. 308, $ 10. 
 
 S. J. Court to 
 instruct commis- 
 sioners in law, 
 on request. 
 
 Report to be 
 filed in court 
 and with. the 
 governor. 
 
 Court may certi- 
 fy costs. 
 
 Court may 
 make orders and 
 decrees to en- 
 force act. 
 
 Ibid. § 11. 
 
 Costs accruing, 
 how paid. 
 
 Ibid. § 12. 
 
 City may lay 
 railway tracks 
 through streets, 
 for transporta- 
 tion of materials 
 to Church Street 
 district. 
 
 1867. 353, $ 1. 
 
 arate report of the damages, if any, caused to any party by any 
 act or omission, for which the Commonwealth is responsible, and 
 shall, at the request of the attorney-general, report the evidence, 
 together with the grounds of their opinion why the Common- 
 wealth ought to pay the same. And it shall be the duty of the 
 supreme judicial court to instruct the said commissioners on any 
 matter of law involved in their decision, at the request of any 
 party or of the commissioners, and the proceedings shall be con- 
 formed, as nearly as possible, to those in suits in equity. And 
 the final report of the commissioners on the subject of the claims 
 upon the Commonwealth, shall be filed in court in the cause, 
 and a duplicate thereof transmitted to his excellency the gov- 
 ernor. And if, in the opinion of the court, it is reasonable that 
 the Commonwealth bear any part of the costs or expenses, the 
 same shall be certified with the said report. 
 
 Sect. 1 1 . Said court may make all orders and decrees ne- 
 cessary to carry into full effect the intent of this act, and may at 
 its discretion, at any stage of the proceedings, order* a party to 
 give security for the payment of damages or costs. 
 
 Sect. 12. All legal costs which shall accrue in proceedings 
 under this act, not otherwise provided for, shall be paid as the 
 said court shall order. 
 
 Sect. 13. The city of Boston is hereby authorized to lay 
 railway tracks through any street or streets of said city, and to 
 maintain them so long as it may be necessary to enable them to 
 transport earth and other material to fill up the Church Street 
 district, so called, and to abate the nuisance existing therein, 
 under the provisions of the act entitled “ An Act to enable the 
 city of Boston to abate a nuisance therein, and for the preser- 
 vation of the public health in said city,” passed at this present 
 session. 
 
HEALTH. 
 
 233 
 
 ORDINANCE . 1 
 
 Section 1. The ordinance relating to the Public Health, Department of 
 
 ° # “internal" 
 
 passed May twenty-first, in the year eighteen hundred and sixty- health aboi- 
 three, is hereby 'amended, by striking out in the second line of g ept ‘ 2 8, 1867 . 
 the fifth section the word u internal ; ” also by striking out in 
 the twelfth line of said section the word “ internal ; ” also by 
 striking out in the twelfth line of the forty-fifth section the 
 word “internal,” also by striking out in the eighteenth line of 
 the forty-seventh section the word “ internal.” 
 
 Sect. 2. The twenty-fourth section of the ordinance relat- 
 ing to the Public Health, passed May twenty-first, in the year 
 eighteen hundred and sixty-three, is hereby stricken out, and 
 the following is inserted in place thereof : 
 
 Sect. 24. For services rendered in accordance with the pro- f e ® 8 of under * 
 visions of this ordinance, undertakers shall be entitled to receive Oct. 22 , 1867. 
 the following fees, and no more, to wit : For digging a grave 
 eight feet deep and covering the same, three dollars and fifty 
 cents ; for digging a grave six feet six inches deep, two dollars ; 
 for digging a grave five 'feet deep, one dollar and seventy-five 
 cents ; for digging a grave four feet deep, one dollar and fifty 
 cents; for digging a grave three feet six inches deep, one dollar 
 and twenty -five cents ; and when the ground is frozen, the charge 
 for digging graves may be augmented at the discretion of the 
 City Registrar. 
 
 For opening and closing a tomb, one dollar and fifty cents; 
 for placing a corpse in a coffin, when requested, and removing 
 the same down stairs, one dollar and fifty cents ; for carrying a 
 corpse to the tomb or grave, including the assistance of funeral 
 porters and one horse, five dollars ; for carrying a corpse to the 
 tomb or grave, including the assistance of funeral porters and two 
 horses, seven dollars and fifty cents ; for carrying a corpse out 
 of the city, there shall be allowed fifty cents in addition for each 
 
 1 An ordinance to amend an ordinance relating to Public Health, passed 
 September 28, 1867. An ordinance to amend an ordinance relating to Pub- 
 lic Health, passed October 22, 1867. 
 
234 
 
 ORDINANCES. 
 
 Oct. 22, 1867, 
 
 Penalty for in 
 jury to bdoke. 
 1867. 69, $ 1. 
 
 mile beyond the limits of the city. When a corpse shall be 
 carried into a church for a funeral service, the undertaker may 
 make an additional charge of two dollars. For lighting a cem- 
 etery, one dollar. For the burial of children under ten years of 
 age, the fees shall be as follows : For services at the house, one 
 dollar ; for carrying the corpse to the carriage, and from the 
 carriage to the place of deposit, and interring the same, one dol- 
 lar; for the use of a pall, twenty-five cents. 
 
 In cases of disinterring and removing bodies from graves or 
 tombs, the fees to be charged therefor shall be in accordance 
 with the amount and nature of the services rendered. No un- 
 dertaker shall remove from the city any corpse until he has pre- 
 sented his bill for the services rendered under this ordinance to 
 the City Registrar for his approval ; and no bill for the inter- 
 ment of any corpse shall be presented for payment before it is 
 approved by the City Registrar. 
 
 LIBRARY. 
 
 * STATUTE. 
 
 1. Penalty for injury to books. 
 
 STATUTE. 1 
 
 Whoever wilfully and maliciously writes upon, injures, defaces, 
 tears or destroys any book, plate, picture, engraving or statue 
 belonging to any law, town, city or other public library, shall be 
 punished by a. fine of not less than five dollars nor more than 
 one thousand dollars for every such offence. 
 
 1 An act for the preservation of Books and other Property belonging to 
 Public Libraries, passed March 16, 1867. 
 
MARRIAGES. 
 
 235 
 
 MARRIAGES. 
 
 STATUTES. 
 
 1. Non-residents intending mar- 
 riage to give notice to City- 
 Registrar. 
 
 2. Marriage may be solemnized by 
 Justice of Peace. 
 
 3. Penalty for violation of act. 
 
 STATUTE. 1 
 
 Section 1. Persons living without the Commonwealth and Non-residents t° 
 
 give notice of in- 
 intending to be joined in marriage within the Commonwealth, tention to 
 
 shall, before their marriage, cause notice of their intention to be 58, $i. 
 
 entered in the office of the clerk or registrar of the city or town 
 
 in which they propose to have the marriage solemnized : and no 
 
 marriage between such parties shall be solemnized until they 
 
 shall have delivered to the justice of the peace or minister in 
 
 whose presence the marriage is to be contracted a certificate 
 
 from such clerk or registrar, specifying the time when notice 
 
 of the intention of marriage was entered with him, together 
 
 with all the facts in relation to the marriage required by law to 
 
 he ascertained and recorded, except those respecting the person 
 
 by whom the marriage is to be solemnized. 
 
 Sect. 2. Marriages may be solemnized by a justice of the Justices of peace 
 
 may solemnize 
 
 peace in the county for which he is appointed. such marriages. 
 
 Sect. 3. A justice of the peace or minister who joins persons Penait/for vio- 
 in marriage contrary to the provisions of this act shall forfeit If??" 0 ! act * 
 
 Ibid* y 3, 
 
 not less than fifty, nor more than one hundred dollars. 
 
 1 An act relating to the Marriage of Non-Resident Parties, passed March 
 11, 1867. 
 
236 
 
 ORDINANCES. 
 
 MUNICIPAL COURT. 
 
 STATUTES. 
 
 1. Court may commit lunatics. 
 
 2. Sections of G. S. 129 may apply 
 to civil actions. 
 
 3. Writs not to be served in other 
 counties. 
 
 4. When plaintiff’s claim will not 
 exceed $20. 
 
 5. When civil writs may be served. 
 
 6. Clerk for civil business may ap- 
 point an assistant. 
 
 STATUTE. 1 
 
 May commit lu- Section 1 . Any judge of the municipal court of the city of 
 
 1867. 355, $1. Boston may, in the absence of the judge of probate for the 
 county of Suffolk and not otherwise, commit to the state lunatic 
 hospital at Taunton, and the Boston lunatic hospital, any insane 
 person, who, in their opinion, is a proper subject for its treat- 
 ment or custody, in accordance with the provisions of chapter 
 two hundred and twenty-three of the acts of the year one thou- 
 sand eight hundred and sixty-two, and the acts in addition 
 thereto. 
 
 Sections of o. Sect. 2. Sections seven, eight, nine, eleven, twelve, thirteen, 
 
 to* Si Actions 7 fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, 
 
 Ibid< 5 2 - twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, 
 twenty-eight, thirty -nine, forty, fifty-nine, sixty, sixty-one, seventy- 
 one and seventy-eight, of chapter one hundred twenty-nine of 
 the General Statutes shall apply to civil actions before said 
 court : provided, ' however , that answers in compliance with said 
 chapter shall be filed only when required by rules and orders of 
 said court. 
 
 writs not to be Sect. 3 . No writ or process issued by said court in civil 
 
 served in other . . 
 
 counties. actions or proceedings shall run into or be served in any county 
 other than Suffolk county, except as provided in section seven of 
 chapter one hundred and twenty, and in section seventy-seven of 
 chapter one hundred and forty-two of the General Statutes. 
 And in all civil actions in said court wherein the writ or process 
 
 1 An act concerning the Municipal Court of the City of Boston, passed 
 
 June 1, 1867. 
 
MUNICIPAL COURT. 
 
 237 
 
 is served upon the defendant in any county other than Suffolk 1867 - 355 > $ 3 - 
 county, except as above provided, if the plaintiff finally recovers 
 a sum not exceeding twenty dollars, for debt or damages, he 
 shall be entitled to no costs, except as provided in the following 
 section ; but the defendant shall recover the costs to which he 
 would have been entitled if he had been the prevailing party. 
 
 Sect. 4. If the plaintiff’s claim in a writ served upon the Plaintiff’s claim, 
 defendant out of Suffolk county, as established on the trial, ex- not t0 exceed 
 ceeds twenty dollars, and is reduced to that amount or less or ^ $ 4 
 overbalanced by set-offs which could not have been proved in 
 payment, it shall be considered, for the purposes of the preced- 
 ing section, as having exceeded twenty dollars, and the party 
 who finally recovers judgment in the suit shall be entitled to his 
 costs. 
 
 Sect. 5. Original writs issued by said court, for civil busi- men cmi writ* 
 ness shall be served not less than seven, and not more than sixty $ 5 . erve ' 
 days before the day on which they are returnable ; but in all 
 cases where service is made in any county other than Suffolk, 
 said service shall be made at least fourteen days before the day 
 on which they are returnable. 
 
 Sect. 6 . The clerk of said court for civil business may, sub- cierk for cmi 
 
 . „ . . business may 
 
 ject to the approval oi the justices of said court, or a majority apP oint assist- 
 
 of them, appoint an assistant clerk, who shall be removable at $ 6 
 
 his pleasure, and for whose doings he shall be responsible, and 
 
 who shall be qualified and give bond in the same manner as is 
 
 now provided by law for the assistant clerks appointed by the 
 
 clerk of said court for criminal business. He shall receive an 
 
 annual salary of twelve hundred dollars, to be paid or regained 
 
 in the same manner as is now provided by law for the assistant- 
 
 clerks appointed by the clerk of said court for criminal busi- 
 
 ness. 
 
238 
 
 ORDINANCES. 
 
 Overseers of 
 poor to keep 
 records. 
 
 1867. 209, $ 1. 
 
 To make annual 
 returns to sec- 
 retary of state 
 charities. 
 
 Ibid. $ 2. 
 
 Penalty for neg- 
 lect. 
 
 Ibid. $ 3. 
 
 PAUPERS. 
 
 STATUTES. 
 
 1. Overseers of Poor to keep rec- 
 ords of support, etc. 
 
 2. To make returns to Secretary of 
 Boards of Charities. 
 
 3. Penalty for failure. 
 
 . Secretary to prepare abstract. 
 
 . Repeal of former provisions. 
 
 !. Funeral charges for State pau- 
 pers. 
 
 ORDINANCE. 
 
 1. Time of making annual report. 
 
 STATUTE . * 1 
 
 Section 1. It shall be the duty of overseers of the poor in 
 all the cities and towns of this Commonwealth to keep full and 
 accurate records of the paupers fully supported, the persons 
 relieved and partially supported, the travellers and vagrants 
 lodged at the expense of said cities and towns, together with 
 the amount paid for such support and relief. 
 
 Sect. 2. Such annual returns of the number, sex, place of 
 settlement, place and cost of support, sanity and temperance of 
 the persons supported and relieved by towns and cities, and 
 such other particulars concerning them as may be required by 
 the board of state charities, shall be made by the overseers of 
 the poor to the secretary of said board on or before the twen- 
 tieth day of October in each year, and shall relate to the year 
 euding on the thirtieth day of September preceding. 
 
 Sect. 3. If the overseers of any town or city shall refuse 
 or neglect to comply with the requirements of this act, said 
 town or city shall forfeit the sum of one dollar for each day’s 
 neglect, and the amount of such forfeiture shall be deducted 
 from any sum to which said town or city may be entitled in re- 
 imbursement for relief of state paupers as provided in chapters 
 one hundred and sixty-two of the acts of the year eighteen 
 hundred and sixty-five, and two hundred and thirty-four of the 
 acts of the year eighteen hundred and sixty-six ; and in case no 
 such re-imbursement shall be due to said town or city, the for- 
 
 1 An act concerning Records and Returns from the Overseers of the 
 Poor, passed May 4, 1867. 
 
 1 An act concerning the Burial of State Paupers, passed March 23, 1867. 
 
PAUPERS. 
 
 239 
 
 feiture shall be deducted from any money which may be due 1867 - 209 > § 
 
 # 
 
 such town or city from the state. 
 
 Sect. 4. It shall be the duty of the secretary of the board secretary to* 
 
 make abstract. 
 
 of state charities to prepare tables from the returns thus made, ibid. $4* 
 and to report the most important information thus obtained to 
 the board, who shall cause the same to be printed in their 
 annual reports for the use of the legislature. 
 
 Sect. 5. Sections six and seven of chapter three hundred Repeal of former 
 and seven of the acts of the year eighteen hundred and sixty- $ 5 . 
 four, and all other acts and parts of acts inconsistent with this 
 act, are hereby repealed. 
 
 Sect. 6. Section fifteen of chapter seventy of the General Costofburialof 
 
 L * state paupers. 
 
 Statutes is hereby amended, so that ten dollars for the funeral 1867 . 97 , $ i. 
 expenses of each pauper over twelve years of age, and five 
 dollars for the funeral expenses of each pauper under that age, 
 shall be paid from the treasury of the Commonwealth. 
 
 ORDINANCE. 1 
 
 Section 1 . The seventh section of the ordinance relating to Time of making 
 
 . annual report. 
 
 the overseers ol the poor, passed on the fifteenth day of June, m nov. 26, 1867. 
 the year eighteen hundred and sixty-four, is hereby amended by 
 striking out the word “ February ” in the first line, and inser- 
 ting in the place thereof the word l( May ” ; also by striking out 
 in the third line the words “ last Monday ”, and inserting in the 
 place thereof the words a thirtieth day ” ; also by striking out 
 in the fourth line the word “ December ” and inserting, in place 
 thereof the word 11 April. ” 
 
 1 An ordinance to amend an ordinance relating to the overseers of the 
 poor, passed Nov. 26, 1867. 
 
 5 
 
 
240 
 
 ORDINANCES. 
 
 PETROLEUM. 
 
 STATUTES. 
 
 1. Cities to appoint inspectors. 
 
 2. Inspectors to be sworn. 
 
 3. Proper mixture of oils deter- 
 mined. 
 
 4. Oils mixed with napbtba de- 
 fined. 
 
 5. Penalty for selling napthha as 
 oil. 
 
 6. Violations of act to be pros- 
 ecuted. 
 
 7. Repeal of former provision. 
 
 RULES. 
 
 1. License to mix or store required. 
 
 2. No license to be issued for oil in 
 a dwelling. 
 
 3. Oils to be kept in metallic ves- 
 sels. 
 
 4. Oils to be inspected. 
 
 5. Construction of buildings where 
 large quantities are kept. 
 
 6. Form of license. 
 
 7. Rules not to apply in certain 
 cases. 
 
 STATUTE. 1 
 
 inspectors to t>e Section 1 . The mayor and aldermen of any city, or the 
 
 appointed. 
 
 1867. 286, $ i. selectmen of any town, where oils are manufactured from coal 
 or petroleum, and the mayor and aldermen of any city and the 
 selectmen of any town where oils are sold but not made, and 
 where five or more inhabitants petition for the same, shall appoint 
 annually one or more suitable persons, not interested in the sale 
 or manufacture of said oils, as inspectors thereof, and fix their 
 compensation, to be paid by the parties requiring the services of 
 said inspectors , 2 
 
 To be sworn, &c. Sect. 2 . Every inspector, before entering upon the duties of 
 
 Ibid. $ 2. 
 
 his office, shall be duly sworn ; and when called upon by any 
 manufacturer, refiner, vendor, purchaser, or by any officer men- 
 tioned in the sixth section of this act, to test such oils, shall do so 
 with all reasonable despatch, by applying the fire-test, as indica- 
 ted and determined by G-. Tagliabue’s pyrometer, or some other 
 
 1 An act regulating the sale of coal and petroleum oils, passed May 29, 
 1867. 
 
 2 An Inspector of Petroleum and coal oils has been duly appointed by the 
 Mayor and Aldermen, and the fees for inspection were fixed as follows : — 
 “ For every inspection of a sample of oil, or for a lot of ten barrels or less, 
 he shall be paid the sum of fifty cents ; for every lot of more than ten 
 barrels he shall be paid five cents for each barrel inspected, after the 
 barrel has been placed in a proper position for inspection, and the bung 
 removed.” City Records, for 1867. pp. 399, 414. 
 
PETROLEUM. 
 
 241 
 
 instrument equally accurate. Any inspector guilty of fraud, 1867 * 286 >§ 2 * 
 deceit or culpable negligence in inspecting such oils, shall be 
 punished by fine not exceeding one hundred dollars, or imprison- 
 ment in the county jail or house of correction not exceeding one 
 month, or both, in the discretion- of the court. 
 
 Sect. 3. No person shall mix, for sale, naphtha and illuminat- Naphtha not to 
 
 be mixed with 
 
 ing oils, or shall sell or offer for sale such mixture, or shall sell oils, 
 or offer for sale, except for purposes of re-manufacture, illumina- Ibld ’ $ 3 ‘ 
 ting oils made from coal or petroleum, which will ignite at a 
 temperature of less than one hundred and ten degrees Fahren- 
 heit, to be ascertained by the application of Tagliabne’s or some 
 other approved instrument ; and auy person so doing, shall be 
 held to be guilty of a misdemeanor, and shall for each offence, 
 upon conviction thereof, be liable to the same penalties provided 
 in the second section of this act against inspectors ; and shall 
 also be liable therefor to any person suffering damage from the 
 explosion or ignition of such oil thus unlawfully sold : and such 
 oil thus unlawfully sold, or kept or offered for sale, and the casks 
 or packages containing the same, shall be forfeited and sold for 
 the purposes of re-manufacture ; one-half of the proceeds of such 
 sale to go to the Commonwealth, and the other half to th 6 in- 
 former. 
 
 Sect. 4. For all the purposes of this act, all illuminating oils, oils mixed with 
 made from coal or petroleum, having an igniting point of less ibid. §4- 
 than one hundred and ten degrees Fahrenheit, to be determined 
 in the manner provided in the third section of this act, shall be 
 deemed to be mixed with naphtha. 
 
 Sect. 5. Any person who shall sell, or keep or offer for sale Naphtha not be 
 naphtha, under the name of oil, shall, for each offence, upon con- ibid. $ 5. 
 viction thereof, be liable to the same penalties provided, and 
 shall be subject to the same liabilities set forth in the second and 
 third sections of this act. 
 
 Sect. 6. The selectmen of the towns, and the mayors, alder- violations of act 
 
 . to be prose- 
 men and police of the cities in which inspectors are appointed cu ted. 
 
 in conformity with the first section of this act, or any one 0 f Ibld,$6, 
 
242 
 
 ORDINANCES. 
 
 1867, 286, $ 6. 
 
 Repeal of former 
 act. 
 
 Ibid. $ 7. 
 
 Rules and regu- 
 lations. 
 
 Oct. 8, 1867. 
 
 said officers, within their respective towns and cities, and the 
 members of the state police, or any of them, shall cause all 
 persons violating any of the provisions of this act to be pros- 
 ecuted therefor. 
 
 Sect. 7. Chapter two hundred and sixty-two of the acts of 
 the year eighteen hundred and sixty-six is hereby repealed. 
 
 RULES FOR KEEPING, ETC. 1 
 
 1. Any person desiring to manufacture, refine, mix, store or 
 keep crude petroleum, or any oil or fluid, composed wholly or in 
 part of the products of petroleum, in a greater quantity than 
 five hundred gallons in any one locality in the city of Boston, 
 shall make application in writing for a license therefor to the 
 Board of Aldermen of said city, and shall state, in such appli- 
 cation, the locality, building, or part of a building for which he 
 desires a license, and whether he desires a license for manufac- 
 turing, refining and mixing said articles or any of them, or a 
 license for storing and keeping them, or both. Such application 
 shall be referred to the Board of Engineers of the Fire Depart- 
 ment; and the Chief Engineer or some one of the Assistant 
 Engineers shall, within one week from the time of such refer- 
 ence, examine the locality or building described in such applica- 
 tion, and report in writing to the Board of Aldermen his opinion 
 of the propriety of granting the license applied for. 
 
 2. No license shall be granted for manufacturing, refining, 
 mixing, storing or keeping said articles, or any of them, upon 
 any alley, sidewalk, street or wharf within the limits of the city, 
 nor in any part of a building occupied in whole or in part as a 
 dwelling-house, nor upon any floor of a building above the first 
 floor. 
 
 3. No license shall be granted for mixing, storing or keeping 
 crude petroleum, naphtha or gasoline in any part of a building 
 above the cellar, unless said articles are contained in metallic 
 vessels securely closed. 
 
 1 Rules and regulations in relation to the manufacture, mixture, storage 
 and sale of Petroleum and its products, passed by the City Council, Octo- 
 ber 8, 1867. 
 
PETROLEUM. 
 
 243 
 
 4. . No license shall be granted for storing or keeping any 0ct - 8 > 1867 
 oils or burning fluids manufactured from coal or petroleum, 
 
 which have not been inspected by the officer appointed for that 
 purpose by the Mayor and Aldermen. 
 
 5. Except as hereinbefore expressly provided, licenses may 
 be granted for manufacturing, refining, mixing, storing and 
 keeping said articles, or any of them, in cellars, or upon the 
 first floor of buildings, or in other suitable localities, in such 
 quantities over five hundred gallons, and in such a manner as 
 the board of alderman may in each case determine, except that 
 no license shall be granted for manufacturing, refining, mixing, 
 storing or keeping said articles, or any of them, upon the first 
 floor of any building, in a greater quantity than five hundred 
 gallons, unless the same be contained in metallic vessels secure- 
 ly closed, or the foundations and walls of said building be of 
 brick, stone or iron, and the sills or walls of said building be 
 built without apertures for a space of at least one foot above 
 the floor. 
 
 6. There shall be expressed in said license the name of the 
 person or persons to whom the license is granted, and whether 
 he or they are permitted to manufacture, refine and mix said 
 articles, or any of them, or to store and keep them, or both, and 
 a description of the locality, building, or part of a building 
 licensed, and any limitations upon the quantity of said articles 
 or any of them, which may be manufactured, refined, mixed, 
 stored or kept therein, or upon the manner of manufacturing, 
 refining, mixing, storing or keeping the same which the board 
 of aldermen may in each case see fit to impose ; and any person 
 so licensed may manufacture, refine, mix, store or keep said 
 articles, or any of them, within the terms of his license either 
 on his own account or on account of any other person. Any 
 violation of the terms of said license shall work a revocation of 
 the same, and the board of aldermen may revoke any license, 
 without cause, at any time. 
 
 7. These rules and regulations shall not apply to buildings 
 or premises constructed in accordance with the provisions of 
 
244 
 
 ORDINANCES. 
 
 Mayor and al- 
 dermen may ap- 
 point police. 
 1867 , 279 , $ 1 . 
 
 Roxbury an- 
 nexed to Bos- 
 ton, and made 
 part of Suffolk 
 county. 
 
 1867 . 359 , $ 1 . 
 
 the first section of an act of the legislature of Massachusetts 
 entitled u An Act concerning the manufacture, storage and sale 
 of Petroleum and its products,” approved May 29, 1866. 
 
 POLICE. 
 
 STATUTE . 1 
 
 1. Mayor and aldermen may appoint Police officers. 
 
 Section 1 . The mayor and aldermen of the several cities 
 may at any time appoint police officers, with all or anj of the 
 powers of constables, except the power of serving and executing 
 civil processes, who shall hold their offices during the pleasure 
 of the mayor and aldermen. 
 
 ROXBURY. 
 
 STATUTES. 
 
 1. Roxbury annexed to Boston and 
 made part of Suffolk County. 
 
 2. Its public property to vest in 
 Boston. 
 
 3. Jurisdiction of courts in Nor- 
 folk and Suffolk counties. 
 
 4. Police court to be southern mu- 
 nicipal court. 
 
 5. City council of Boston to create 
 three wards in Roxbury. Elec- 
 tion of city officers. 
 
 6. Repeal of former election law 
 for city of Roxbury. 
 
 7. Number of wards and of aider- 
 men in Boston. 
 
 8. Police and watchmen to con- 
 tinue in office.. 
 
 9. County property to be released. 
 
 10. Act to be accepted by voters 
 of both cities. Manner of con- 
 ducting the election. 
 
 11. Act to be submitted. 
 
 12. When to be in force. 
 
 13. Provision for further action if 
 act be unconstitutional. 
 
 STATUTE . 2 
 
 Section 1. All that territory now comprised within the 
 limits of the city of Roxbury, in .the county of Norfolk, with the 
 inhabitants and estates therein, is hereby annexed to and made 
 part of the city of Boston, in the county of Suffolk, and shall 
 
 1 An act concerning the appointment of Police officers in cities, passed 
 May 27, 1867. 
 
 2 An act to unite the cities of Boston and Roxbury, passed June 1, 1867. 
 
ROXBURY. 
 
 24 
 
 hereafter constitute a part of the county of Suffolk, subject to 1867 * 359 >§ 1 - 
 the same municipal regulations, obligations and liabilities, and 
 entitled to the same immunities in all respects, as the said city 
 of Boston : 'provided , however , that until constitutionally and 
 legally changed, said territory shall continue to be, for the pur- 
 pose of electing members of the house of representatives, part 
 of the county of Norfolk, constituting the third and fourth re- 
 presentative districts thereof; for the purpose of electing a 
 senator, part of the first Norfolk senatorial district; for the pur- 
 pose of electing a councillor, part of council district number 
 three, and for the purpose of electing a representative in con- 
 gress, part of congressional district number three, as the same 
 are now constituted. 
 
 All the duties now required by law to be performed by the Duties pertain- 
 mayor and aldermen and city clerk of the city of Roxbury, or transferred! ^ 
 either of them, pertaining to the election of representatives in 
 congress, state councillors, senators and members of the house 
 of representatives, shall in like manner devolve upon, and be 
 performed by the board of aldermen and city clerk of the city 
 of Boston. 
 
 It shall be the duty of the ward officers of the several wards, 
 that shall be erected out of said territory as hereinafter pro- 
 vided, to make return of all votes that may be cast therein, from 
 time to time, for representatives in congress, state councillors, 
 senators, members of the house of representatives, and for all 
 other national, State, district, county, municipal and ward officers, 
 to the city clerk of the city of Boston. 
 
 Sect. 2. All the public property of the said city of Roxbury Public P r °P ert 7 
 shall be vested in, and is hereby declared to be the property of ton. 
 the city of Boston; and said city of Boston shall succeed to all 1 ld $ w ‘ 
 the rights, claims, causes of action, rights to uncollected taxes, 
 liens, uses, trusts, duties, privileges and immunities of said city 
 of Roxbury. The city treasurer of the city of Roxbury shall, Treasurer to de. 
 on or before the second Monday of January, in the year eighteen Inrp^ers. 0 ^" 
 hundred and sixty-eight, under the direction of the mayor and 
 
246 
 
 ORDINANCES. 
 
 1867, 359, § 2. 
 
 Boston to as- 
 sume liabilities. 
 
 Jurisdiction of 
 courts provided 
 for. 
 
 Ibid. $ 3. 
 
 aldermen of said city of Roxbury, who shall, for this pur- 
 pose, and for all other purposes necessary to carry into full effect 
 the provisions of this act, continue to hold their offices over, 
 transfer, deliver, pay over and account for to the city treasurer 
 of the city of Boston, all books, papers, moneys and other pro- 
 perty in his possession as city treasurer of said city of Roxbury, 
 when this act shall take effect; and the city of Boston shall 
 become liable for and subject to all the debts, obligations, duties, 
 responsibilities and liabilities of said city of Roxbury. All 
 actions and causes of action which may be pending, or which 
 shall have accrued at the time this act shall take effect, in behalf 
 of or against the city of Roxbury, shall survive and may be 
 prosecuted to final judgment and execution, in behalf of or 
 against the city of Boston. 
 
 Sect. 3. The several courts within the county of Suffolk, af • 
 ter this act shall take effect, shall have the same jurisdiction 
 over all causes of action and proceedings in civil causes, and 
 over all matters in probate and insolvency, which shall have ac- 
 crued within said territory hereby annexed, that said courts now 
 have over like actions, proceedings and matters within the coun- 
 ty of Suffolk : 'provided , however , that the several courts within 
 the county of Norfolk shall have and retain jurisdiction of all 
 actions, proceedings and matters that shall have been rightfully 
 commenced in said courts prior to the time when this act shall 
 take effect, and the supreme judicial court and the superior court 
 within the county of Suffolk, after this act shall take effect, shall 
 have the same jurisdiction of all crimes, offences and misdemean- 
 ors, that shall have been committed within the said territory, 
 that the supreme judicial court and superior court within the 
 county of Norfolk now have jurisdiction of: provided , proceed- 
 ings shall not have been already commenced in any of the courts 
 within the county of Norfolk, for the prosecution of said crimes, 
 offences and misdemeanors : in which case, the said courts within 
 the county of Norfolk shall have and retain jurisdiction of the 
 same for the full, complete and final disposition thereof. All 
 
ROXBURY. 
 
 247 
 
 suits, actions, proceedings, complaints and prosecutions; and all 1867, 359,5 3 - 
 matters of probate and insolvency which shall be pending 
 within said territory, before any court or justice of the peace, 
 when this act shall take effect, shall be heard and determined as 
 though this act had not passed. 
 
 Sect. 4. Said territory shall continue a judicial district south municipal 
 under the jurisdiction of the police court of the city of Roxbury, 4t 
 which shall continue to exist, and shall hereafter be designated 
 and known by the name of the municipal court for the south- 
 ern district of the city of Boston. Said court shall have the 
 same civil and criminal jurisdiction in said district, and the same 
 civil jurisdiction in the county of Suffolk as the police courts, 
 other than that of the city of Boston, have by law in their re- 
 spective districts and counties. 
 
 Appeals shall be allowed from all judgments of said court, Appeals, 
 in like manner, and to the same courts that appeals are now 
 allowed from the judgments of the municipal court of the city of 
 Boston. All acts and duties, (if any,) now incumbent upon the 
 city council of the city of Roxbury, or either branch thereof, 
 relating to the said court^of the city of Roxbury, shall hereafter 
 devolve upon and be performed by the city council of the city 
 of Boston. All fines and forfeitures, and all costs in criminal 
 prosecutions in said court, and all fees and charges received in 
 said court in civil proceedings, shall be accounted for and paid 
 over, in the same manner as is now provided for the municipal 
 court within the city of Boston. 
 
 Sect. 5. The city council of the city of Boston shall, as soon Territory to be 
 
 divided into 
 
 as may be after the fifth day of November in the year eighteen wards. * 
 
 hundred and sixty-seven, divide the said territory into three Ibld ’ $ 5 ‘ 
 wards, one of which shall comprise the same territory now com- 
 prised in said fourth representative district, and the other two 
 shall be so constituted as to contain, as nearly as practicable, an 
 equal number of legal voters ; and the wards thus established 
 shall so remain until the alteration of the ward limits of said city 
 
 6 
 
248 
 
 ORDINANCES. 
 
 1867 . 359, §5. 0 f Boston provided by law . 1 And the clerks of the said wards 
 shall, for the purposes mentioned in section eleven of the eighth 
 chapter of the General Statutes of this Commonwealth, assemble 
 at such places as are or shall be required by law. And the 
 Election of city board of aldermen are hereby authorized to designate such 
 • places, - whenever such designation shall by law become neces- 
 sary or proper, and said board shall succeed to all the powers 
 and duties in reference to the same which are now vested in the 
 county commissioners of the county of Norfolk. And each of 
 the wards so established shall be entitled to all the municipal 
 and ward officers which each of the other wards of said city of 
 Boston is entitled to. And the board of aldermen of said city 
 of Boston shall, in due season, issue their warrants for meet- 
 ings of the legal voters of said wards respectively, to be held on 
 the second Monday of December in the year eighteen hundred 
 and sixty-seven, at some place within said wards respectively, 
 which shall be designated in said warrants, there first to choose 
 a warden, clerk, and five inspectors of elections for each of said 
 wards, who shall hold their offices until the first Monday of 
 January in the year eighteen hundred and sixty-eight, and until 
 others shall be chosen and qualified in their' stead; second, to 
 give in their ballots for the several municipal and ward officers 
 for the year eighteen hundred and sixty-eight, for which they 
 shall be entitled to vote by virtue of the provisions of this act. 
 school commit- The voters of each of said wards shall designate, by their 
 
 tee, terms of ser- 
 vice. ballots cast at said meetings, the term of service for which each 
 
 of the six school committee men, who shall be chosen in each 
 
 of said wards, shall serve, so that two of the number chosen in 
 
 each ward shall serve for three years, two for two years, and 
 
 Lists of voters. two f or one year. The board of aldermen for the city of 
 
 Boston shall prepare lists of all the legal voters in said wards 
 
 respectively, to be used at said meetings, and shall do all other 
 
 things which they are now by law required to do in respect to 
 
 like elections in other wards in the city of Boston ; and at said 
 
 1 For boundaries of these wards, see Wards, post. 
 
ROXBURY. 
 
 249 
 
 meetings, any legal voter of said wards respectively may call 1867 - 359) 5 5 - 
 the citizens to order, and preside until a warden shall have been 
 chosen and qualified. 
 
 All ward officers whose election is provided for in this section 
 shall be qualified according to law. The citizens of the terri- 
 tory, by this act annexed to the city of Boston, shall have the 
 same right to vote for municipal officers, at the annual municipal 
 election of the city of Boston, in the year eighteen hundred and 
 sixty-seven, as they would have had if said territory had formed 
 part of the city of Boston for more than six months next before 
 said election. 
 
 Sect. 6. All provisions of law requiring an election of Repeal of eiec 
 
 tion law for 
 
 municipal and ward officers for said city of Roxbury on the Roxbury. 
 second Monday of December in the year eighteen hundred and Ibld ' 5 6 ' 
 sixty-seven, for the municipal year then next ensuing, are hereby 
 repealed. 
 
 Sect. 7. After the present municipal year, the board of Number of al * 
 
 dermen and 
 
 aldermen of the city of Boston shall consist of twelve members, council, 
 and the common council of the city of Boston shall consist of Ibld ' 5 7 ’ 
 sixty members. The number of wards of said city, including 
 the wards to be formed out of the territory hereby annexed, 
 shall be fifteen. 
 
 Sect. 8. The several police officers and watchmen that may Police and 
 be in office in the city of Roxbury when this act shall take Znne in office/ 
 effect shall thereafter continue in the discharge of their respec- Ibld# $ 8 * 
 tive duties, in the same manner as if they were police officers 
 and watchmen of the city of Boston, until others shall be 
 appointed in their stead. 
 
 Sect. 9. All the interest which the city of Roxbury now has county property 
 in the public property of the county of Norfolk, is hereby re- ibid. $ 9 . 
 leased and acquitted to said county of Norfolk. Such propor- 
 tion of the debts and obligations of the county of Norfolk 
 existing when this act shall take full effect, over and above the 
 value of all the property belonging to said county as should 
 proportionally and equitably be paid by the inhabitants and 
 
250 
 
 ORDINANCES. 
 
 1867. 359, § 9. property owners of the territory by this act annexed to the city 
 of Boston, shall be paid by said city of Boston to said county 
 of Norfolk; and the supreme judicial court shall have jurisdic- 
 tion in equity to determine the amount of such proportion, (if 
 any,) and enforce the payment of the same upon a suit in equity 
 in the name of said county, to be brought therefor within six 
 months after this act shall go into full operation, by the county 
 commissioners of said county of Norfolk, if they shall deem 
 such suit for the interest of said county .; but no such suit shall 
 be instituted after said six months. 
 
 Nothing contained in this act shall impair the obligation of 
 contracts ; and the property and inhabitants of the territory by 
 this act annexed to the city of Boston shall continue liable to 
 the existing creditors of the county of Norfolk, in like manner 
 as if this act had not been passed : provided, that if any person, 
 by reason of his being an inhabitant of, or owning property in 
 said territory, shall be compelled to pay any part of an existing 
 debt or obligation of the county of Norfolk, the amount of such 
 payment shall constitute a debt to him from said county as here- 
 after to be constituted, exclusive of said territory, and may be 
 recovered in like manner as other debts against the county 
 of Norfolk. 
 
 Act to be ac- Sect. 10 . This act shall not take full effect, unless accepted 
 
 cepted by legal 
 
 voters of both by a majority of the legal voters of each of said cities, present 
 
 ibid* $ 10. and voting thereon by ballot, at meetings which shall be held in 
 the several wards of said cities, respectively, upon notice duly 
 given, at least seven days before the time of said meeting. 
 Meetings for that purpose shall be held simultaneously in said 
 cities on the second Monday of September next. And the polls 
 shall be opened at nine o’clock in the forenoon of said day, and 
 shall be closed at six o’clock in the afternooa. 
 
 Tn case of the absence of any ward officer, at any ward meet- 
 ing, held in either city for the purpose aforesaid, a like officer may 
 be chosen pro tempore , by hand vote, and shall be duly qualified, 
 and shall have all the powers, and be subject to all the duties of 
 
ROXBURY. 
 
 251 
 
 the regular officer, at said meetings. Said ballots shall be 1867 - 359 » § 10, 
 “ Yes ” or u No ” in answer to the question, “ Shall an act 
 passed by the legislature of the Commonwealth in the year eigh- 
 teen hundred and sixty-seven, entitled 1 an act to unite the cities 
 of Boston and Roxbury ’ be accepted ? ” Such meeting shall be 
 called, notified and warned by the mayor and aldermen of the 
 city of Roxbury, and the board of aldermen of the city of Bos- 
 ton, respectively, in the same manner in which meetings for the 
 election of municipal officers in said cities respectively are 
 called, notified and warned. The ballots given in shall be assor- 
 ted, counted and declared, in the wards in which they are given 
 in open ward meeting, and shall also be registered in the ward 
 records. The clerk of each ward in the city of Boston shall 
 make return of all ballots given in, in his ward, and the number 
 of ballots in favor of the acceptance of this act, and the number 
 of ballots against said acceptance, to the board of aldermen of 
 the city of Boston, and like returns by the clerks of the several 
 wards in the city of Roxbury shall be made to the mayor and 
 aldermen of the city of Roxbury. All of said returns shall be 
 made within forty-eight hours of the close of the polls. 
 
 It shall be the duty of the board of aldermen of the city of Returns to be 
 
 _ . transmitted to 
 
 Boston, and of the mayor and aldermen of the city of Roxbury, secretary, 
 respectively, to certify, and return as soon as may be, the ballots 
 cast in their respective cities, and the number of ballots in favor 
 of the acceptance of this act, and the number of ballots against 
 said acceptance, in their respective cities, to the secretary of the 
 Commonwealth. And if it shall appear that a majority of the 
 votes in each of said cities is in favor of the acceptance of this 
 act, the said secretary shall immediately issue and publish his 
 certificate declaring this act to have been duly accepted. 
 
 Sect. 11. So much of this act as authorizes and directs the Submission of 
 submission of the question of acceptance of this act to the legal $ n. 
 voters of said cities, respectively, provided for in the tenth sec- 
 tion of this act, shall take effect upon its passage. 
 
 Sect. 12. If this act shall be accepted as herein provided, it men t0 be ^ 
 shall take effect on the fifth day of November, in the year 12 
 
252 
 
 ORDINANCES. 
 
 1867. 359, § i2. eighteen hundred and sixty-seven, so far as to authorize, legalize 
 and carry into effect the acts and provisions of the fifth, sixth 
 and seventh sections of this act; but for all other purposes 
 (except as mentioned in section eleven of this act) it shall take 
 effect on the first Monday of January, in the year eighteen 
 hundred and sixty-eight . 1 
 
 Provision for Sect. 13 . If any election or balloting upon the question of 
 
 further action if i 
 
 act be unconsti- the acceptance Of this act, by either of said cities, shall within 
 
 ibid.Tis. two months thereafter be declared void by the supreme judicial 
 court, upon summary proceedings, which may be had in any 
 county on the petition of fifty voters of either city, the question 
 of accepting said act shall be again submitted to the legal voters 
 of said city, and meetings therefor shall within thirty days 
 thereafter be called, held and conducted, and the votes returned 
 and other proceedings had thereon, in like manner as herein- 
 before provided. But no election or balloting shall be held void 
 for informality, in calling, holding* or conducting the election, or 
 returning the votes, or otherwise, except upon proceedings 
 instituted therefor and determined within sixty days thereafter, 
 as aforesaid. 
 
 SCHOOLS. 
 
 STATUTE. 
 
 1. Child under ten years not to be 
 employed in factories, nor any 
 under fifteen years, unless it 
 attends school. 
 
 2. Limits to work of children. 
 
 3. Penalty for violation of law. 
 
 4. State constable to enforce act. 
 
 5. Repeal of former provision. 
 
 STATUTE . 2 
 
 child under ten Section 1 . No child under the age of ten years shall be 
 
 not to be em* . . . - 
 
 ployed in facto- employed in any manufacturing or mechanical establishment 
 1867. 285 $ i. within this Commonwealth, and no child between the age of ten 
 
 1 This act was accepted by the citizens of Boston. Yeas, 4,633; Nays, 
 1,059: and by the citizens of Roxbury. # Yeas, 1,832; Nays, 592. 
 
 2 An act in relation to the schooling and hours of labor of children em- 
 ployed in manufacturing and mechanical establishments, passed May 29, 
 1867. 
 
SCHOOLS. 
 
 253 
 
 and fifteen years shall be so employed, unless he has attended 1867 - 285 > § L 
 some public or private day school under teachers approved by 
 the school committee of the place in which such school is kept, 
 at least three months during the year next preceding such 
 employment : provided, said child shall have lived within the 
 Commonwealth during the preceding six months ; nor shall such None under fif- 
 employment continue unless such child shall attend school at theyTttend 
 least three months in each and every year ; and provided, that schooL 
 tuition of three hours per day in a public or private day school 
 approved by the school committee of the place in which such 
 school is kept, during a term of six months, shall be- deemed 
 the equivalent of three months’ attendance at a school kept in 
 accordance with the customary hours of tuition ; and no time 
 less than sixty days of actual schooling shall be accounted as 
 three months, and no time less than one hundred and twenty 
 half days of actual schooling shall be deemed an equivalent of 
 three months. 
 
 Sect. 2. No child under the age of fifteen years shall be Limit t0 work. 
 
 & Ibid. $ 2. 
 
 employed in any manufacturing or mechanical establishment 
 more than sixty hours in one week. 
 
 Sect. 3. Any o wner, agent, superintendent or overseer of penalty for vio- 
 any manufacturing or mechanical establishment, who shall know- law ' 
 ingly employ or permit to be employed' any child in violation of 
 the preceding sections, and any parent or guardian who allows 
 or consents to such employment, shall, for such offence, forfeit 
 the sum of fifty dollars. 
 
 Sect. 4. It shall be the duty of the constable of the Com- constable to en- 
 monwealth to specially detail one of his deputies to see that the Yid! m 
 provisions of this act, and all other laws regulating the employ- * 
 ment of children or minors in manufacturing or mechanical 
 establishments, are complied with, and to prosecute offences 
 against the same ; and he shall report annually to the governor 
 all proceedings under this act; and nothing in this section shall 
 be so construed as to prohibit any person from prosecuting such 
 offences. 
 
254 
 
 ORDINANCES. 
 
 pro P ^sio 0 n ff ° rmer Sect. 5. Chapter two hnudred and seventy-three of the acts 
 1867 . 285 , § 5 . of the year eighteen hundred and sixty-six is hereby repealed : 
 provided, this act shall not affect any proceedings now pending. 
 
 STATE AID. 
 
 STATUTE. 5. 
 
 1. Person entitled to aid under 
 Stat. 1866, to have receipt of 
 pension. 
 
 2. Who are entitled to aid. Pro- 8 * 
 visos. 
 
 3. Reports to be made quarterly to 
 auditor. 
 
 4. Commissioners to inspect re- 
 turns. May reduce claims. 
 
 STATUTE. 1 
 
 Person entitled Section 1. No person shall be entitled to receive State aid 
 
 to aid under . . . 
 
 statute 1866 , to under the provisions of section one of chapter one hundred and 
 pension! Ceipt ° f seventy-two of the acts of the year eighteen hundred and sixty- 
 1867. 136, $ i. except upon satisfactory proof that the person so applying 
 for aid is in the receipt of a pension from the United States; 
 and the full amount of said aid shall only be paid to person^ in 
 the receipt of a pension- equal to the full pension which is 
 allowed to a person of the same rank or grade, and to every 
 other person so applying for aid, a proportionate part of said 
 aid shall be paid, to be determined by the proportion which the 
 pension received by him bears to the full pension which is 
 Provisos. allowed to a person of the same rank or grade : provided, how - 
 
 * ever, that any person obtaining a pension from the United States, 
 
 after this act shall take effect, shall, upon application, be entitled 
 to receive the same amount of aid that he would have been 
 entitled to receive, had said pension been obtained prior to the 
 time when this act shall take effect; and provided, further, that 
 
 1 An act concerning State aid for disabled soldiers and sailors and their 
 families, and for the families of the slain, passed April 11, 1867. 
 
 May appoint examiners. 
 
 Cities may pay sums to , wife 
 and family. 
 
 When no appeal will lie. 
 Amendments to certain sec- 
 tions. 
 
 Repeal of certain sections. 
 When act to take effect. 
 
STATE AID. 
 
 255 
 
 town and city authorities shall withhold the aid when, in their 1867, 136 > §1 - 
 judgment, any person who is in receipt of a pension from the 
 United States is not sufficiently disabled to prevent him from 
 pursuing his ordinary and usual vocation. 
 
 Sect. 2. No person shall be entitled to receive aid under Behlg depe ? d ; 
 the provisions of section two of said chapter one hundred and to aid, unless, 
 seventy -two by reason of being dependent upon any person ibid. $ 2 . 
 named or described in said section unless the person upon 
 whom he was dependent was killed or has died by reason of 
 wounds or disease incurred in the service described in said sec- 
 tion or is, or at the time of his death was in the receipt of a pen- 
 sion from the United States, equal in amount to one-half of the 
 full pension which is allowed to a person of the same rank or 
 grade: provided, however , that if the person upon whom the Provisos, 
 applicant was dependent shall obtain a pension from the United 
 States after this act shall take effect, said applicant shall be 
 entitled to receive the same amount that he would have been 
 entitled to receive, had said pension been obtained prior to the 
 time when this act shall take effect ; and provided , further, that 
 when any person who has heretofore received State aid is pre- 
 cluded therefrom by the provisions of this act, and the authori- 
 ties of the cities or towns are satisfied that justice and neces- 
 sity require a continuance of the aid to prevent actual sufferings 
 they are hereby authorized in such cases to continue the payment 
 thereof; and upon reporting the facts in each specific case, and 
 showing, by evidence satisfactory to the commissioners, the 
 necessity of such payments, the sums so paid shall be reim- 
 bursed to such cities and towns out of the treasury of the Com- 
 monwealth. 
 
 Sect. 3. The reports to the auditor, required to be made by Reports to be 
 section six of said chapter one hundred and seventy-two, shall ^ arterl y 
 hereafter be made quarterly, on or before the tenth days of 
 January, April, July and October of each y^ar: provided, that 
 the return for July of the present year shall include the dis- 
 bursements of the preceding six months. 
 
 7 
 
2 56 
 
 ORDINANCES. 
 
 Commissioners 
 to inspect re- 
 turns, &c. 
 
 1867. 136, § 4. 
 
 May reduce 
 claims. 
 
 May appoint ex- 
 aminers, &c. 
 Ibid. $ 5. 
 
 Sect. 4. It shall be the duty of the commissioners constituted 
 by section five of said chapter one hundred and seventy-two, to 
 inspect all such returns, and whenever it shall appear by the 
 inspection thereof, or otherwise, that the amount paid by the 
 treasurer of any city or town under the provisions of said chap- 
 ter one hundred and seventy-two, or of this act, for any quarter 
 or greater period of time, is at a rate which if continued for one 
 year would exceed the proportion of fifty per cent of the state 
 tax of such city or town for the previous year, or if for any rea- 
 son the amount so paid shall appear to be unreasonably large, it 
 shall be the duty of said commissioners to make or cause to be 
 made an examination of the persons or claims of persons to 
 whom the same has been paid, and of the parties by whom said 
 returns are made ; and in all cases of any fraud, or neglect of 
 duty on the part of the persons making such returns, or of the 
 authorities of any city or town granting aid, said commissioners 
 shall deduct from the amount claimed by any city or town the 
 amount paid to any person or persons, when in their judgment 
 the same should not have been paid under the provisions of said 
 chapter one hundred and seventy-two, and of this act, and shall 
 certify the same to the treasurer and receiver-general, who shall 
 reimburse to said city or town only the balance thus desig- 
 nated. 
 
 Sect. 5. Said commissioners may appoint, as occasion may 
 require, one or more disinterested persons, not exceeding three 
 in number, whose duty it shall be to make the examinations pro- 
 vided for in section four of this act, and make full returns of 
 their doings to said commissioners. Such expenses as may be 
 incurred in making said examination, including such reasonable 
 compensation to the persons appointed under the provisions of 
 this section for their services as shall be approved by the com- 
 missioners and allowed by the governor and council, shall be 
 paid out of the treasury of the Commonwealth. No person shall 
 be appointed to make such examinations in the county where he 
 may reside. 
 
STATE AID. 
 
 257 
 
 Sect. G. The treasurers of cities and towns may, under the Cities ma y pa ^ 
 
 sums to wife, &c. 
 
 direction of the city council or selectmen thereof, pay the sums 1807. 136, § 6 . 
 due for aid to any officer, soldier or sailor, or so much thereof 
 as they may think best to the wife or family of such officer, sol- 
 dier or sailor or for the benefit of such wife or family ; and the 
 amounts so paid shall be reimbursed in the same manner as if 
 paid to such officer, soldier or sailor in person. 
 
 Sect. 7. No appeal shall lie to the commission appointed by appeal t0 lie> 
 section five of said chapter one hundred and seventy-two, with 
 regard to the aid provided for in section two of said chapter. 
 
 Sect. 8. Sections two and ten of said chapter one hundred Amendment of 
 
 sections. 
 
 and seventy two are hereby amended by striking out the word im<l $ 8. 
 
 “ father ” wherever it occurs in said sections, and inserting be- 
 fore the word “ mother/’ wherever it occurs in said sections, the 
 word “ widowed.” 
 
 Sect. 9. Section twelve of said chapter one hundred and Repeal of sec- 
 seventy-two, and chapter two hundred and eighty-two of the acts 1^% 9. 
 of the year eighteen hundred and sixty-six, are hereby repealed. 
 
 The widows and orphan children who are now receiving aid 
 under the provisions of said chapter two hundred and eighty-two 
 shall continue to receive the same aid under this act, under the 
 same conditions and restrictions as now exist. All persons who 
 served in the regiments commonly known as 11 one hundred day 
 regiments,” and 11 three months regiments,” and who come within 
 the provisions of this act, shall receive the aid herein provided. 
 
 Sect. 10. This act shall take effect on the first day of May ^ e t n t0 take 
 next. ibid. $ 10 . 
 
258 
 
 . ORDINANCES. 
 
 STREETS. 
 
 4. Board of aldermen* to lay 
 out streets between certain 
 wharves. 
 
 5. Compensation for displacement 
 of tide-water. 
 
 6. Attorney General to protect 
 Commonwealth’s rights. 
 
 STATUTES , 1 
 
 Lands abutting Section 1. Whenever the owner of a lot abutting upon any 
 
 on highway to # • 
 
 be fenced. street or way in any city of this Commonwealth shall dedicate 
 24 ’ $ 1§ to, or permit to be used by the public, a portion of his land 
 lying between said street or way and the range of the buildings 
 fronting on the same, it shall be the duty of such abutter to keep 
 every part of the land so dedicated, or so permitted to be used, 
 in such condition as the safety and convenience of the public 
 shall, in the opinion of the board of aldermen, require : and if 
 the owner of any such abutting lot shall, after reasonable notice 
 given by the board of aldermen or mayor, neglect or refuse to 
 put that portion of his land so dedicated to, or permitted to be 
 used by the public, into the condition aforesaid, by executing 
 the specific repairs or improvements required by the board of 
 aldermen, or to close the same from public use by a substantial 
 railing or guard, it shall be lawful for said board of aldermen to 
 put said land into the condition which, in their opinion, the 
 public convenience and safety require, and to assess the expense 
 thereof upon the owner ; and all assessments so made shall be 
 a lien upon such abutting lots in the same manner as taxes are a 
 lien upon real estate. 
 
 STATUTE. 
 
 1. Owners of lands on highways to 
 fence the same on line of street. 
 
 2. Culverts and cattle passes may 
 be constructed. 
 
 3. State commissioners to convey 
 Berkeley St. sixty feet wide. 
 
 1 An act concerning Lands abutting on the Streets in Cities of this Com- 
 monwealth, passed May 16, 1867. 
 
 An act concerning the Construction of Highways, passed May 20, 1867. 
 An act concerning Berkeley Street, on the Back Bay, passed June 1, 1867. 
 An act to authorize the city of Boston to build a highway over certain 
 tide-waters, passed June 1, 1867. 
 
STREETS. 
 
 259 
 
 Sect. 2. When, in the laying out, widening or relocating any 
 highway, the county commissioners of any county shall require 
 the making of any culvert, cattle pass or other passage-way 
 through or under the highway as the commissioners shall direct 
 the same to be made and worked, said commissioners may order 
 and require the town in which such highway is located, to con- 
 struct such culvert, cattle pass or other passage way, and the 
 town shall construct the same as a part of the highway. And 
 the county commissioners may reimburse to said town, out of the 
 county treasury, such portion of the cost of the same, if any, as 
 justice and equity may in their judgment require. 
 
 Sect. 3. The commissioners on public lands shall convey to 
 the city of Boston that part of Berkeley Street that is situate on 
 the Commonwealth’s lands in the Back Bay, as the same is now 
 located and completed sixty feet wide ; and the said city is 
 authorized to widen the roadway of the said street, when author- 
 ized so to do by the governor and council, to the width of eighty 
 feet, without any claim for damages by the abutters on said 
 street. 1 
 
 Sect. 4. The board of aldermen of the city of Boston is 
 hereby authorized to lay out a street or streets, over tide-waters, 
 between Lewis, Commercial, Mercantile, City, Long, Central, 
 India and Bowe’s Wharves, or either of them : provided , that 
 nothing in this act shall be construed as ceding or yielding any 
 right, title or interest the Commonwealth may have in any 
 lands or flats which lie within said street or streets, or shall be 
 cut off from the harbor by the same. 2 
 
 Sect. 5. Such compensation shall be made for all displace- 
 ment of tide-water, caused by anything done under this act, as 
 the harbor commissioners shall determine, and be made in the 
 manner required by chapter one hundred and forty-nine of the 
 acts of the year eighteen hundred and sixty-six.- 
 
 Culverts and 
 cattle passes to 
 be made. 
 
 1867. 256, $ 1. 
 
 State to convey 
 Berkeley St. to 
 city. 
 
 1867, 338, $ 1. 
 
 Board of alder- 
 men may lay 
 out streets be- 
 tween certain 
 wharves. 
 
 1867. 324, $1. 
 Proviso: shall 
 not affect Com- 
 monwealth’s 
 rights. 
 
 Compensation 
 for displacement 
 of tide-water, 
 how made. 
 
 Ibid. § 2. 
 
 1 See agreement under seal made between the State, the city and the 
 Water Power Co., dated Dec. 31, 1864, and deposited in the office of the 
 Auditor of Accounts, City Hall. 
 
 2 See report on petition of Alfred C. Hersey and others in records of 
 Board of Aldermen for 1867. 
 
260 
 
 ORDINANCES. 
 
 Attorney-gen- 
 eral shall exam- 
 ine Common- 
 wealth’s rights, 
 and report. 
 1867. 324, $ 3. 
 
 Statute of 1866, 
 chapter 113, re- 
 pealed. 
 
 1807. 215, $1. 
 
 Sixth location. 
 June 19, 1867. 
 
 Sect. 6. It shall be the duty of the attorney-general to 
 examine into the right and title of the Commonwealth in all 
 lands and flats which would lie within and be cut off from the 
 harbor by the building of such street or streets, and report his 
 opinion thereupon to the next legislature. 
 
 STREET RAILROADS. 
 
 STATUTE. 
 
 Street Railroad act of 1866, chap. 
 113 repealed. 
 
 BROADWAY RAILROAD. 
 
 Sixth location, page 261. 
 
 FITCHBURG RAILROAD. 
 
 To extend tracks into Haverhill 
 St., page 261. 
 
 MARGINAL FREIGHT RAILROAD. 
 
 Incorporation, etc., page 262. 
 
 Rules for operation of page 267. 
 
 METROPOLITAN RAILROAD. 
 Fourteenth location, page 268. 
 Fifteenth location, p. 269. 
 
 Roxbury locations from 1855 to 
 1865, inclusive, page 270. 
 
 BOSTON AND WORCESTER RAILROAD. 
 
 1. To lay track across Lehigh St., 
 page 274. 
 
 2. To lay track across South St., 
 page 274. 
 
 STATUTE . 1 
 
 Section 1 . Chapter one hundred and thirteen of the acts of 
 the year eighteen hundred and sixty-six is hereby repealed : pro- 
 vided , however , that nothing in this act shall affect any right 
 acquired or proceedings begun under the same. 
 
 BROADWAY RAILROAD. 
 
 In addition to the rights heretofore granted to the Broadway 
 Railroad Company, to lay down tracks in several of the streets 
 of the city of Boston, said company shall have the right to lay 
 
 1 An act to repeal an act to authorize Horse and Street Railroad Cor- • 
 porations to take the benefit of the Insolvent Laws, passed May 6, 1867. 
 
STREET RAILROADS. 
 
 261 
 
 down a single track on B Street, between Fourth Street and June 19 > 1867, 
 Broadway, connecting the tracks of said company already laid 
 down on those streets ; also suitable turnouts on C Street, be- 
 tween Fourth and Fifth streets, and on B Street, between Fourth 
 and Silver streets. 
 
 The right to lay down these tracks is upon the same conditions 
 recited in the fifth location granted by the city of Boston to 
 the said Broadway Railroad Company, August 8, 1866. 1 
 
 FITCHBURG RAILROAD LOCATION. 
 
 Fitchburg Railroad Company shall have the right to lay down To lay tracks in 
 a straight track, sixty feet in length, on Haverhill Street, adja- NoVt 19j 186 7 . 
 cent and parallel to the sidewalk on the southerly side of the 
 passenger depot of said company. 
 
 Also a curved track from the premises of said Fitchburg 
 Railroad Company on Haverhill Street to the track, to be laid 
 down by the Marginal Freight Railway Company on Causeway 
 Street. 
 
 The right to lay down the tracks located by this order is upon 
 the condition that the whole work of laying down the tracks, 
 the precise location of the same, and the form of rail to be 
 used, shall be satisfactory to the Committee on Paving and 
 the Superintendent of Streets, and shall be approved by them. 
 
 Also upon the condition, that these tracks shall not be laid 
 down until the tracks of the Marginal Freight Railway Com- 
 pany, or Commercial Freight Railway Company, shall have been 
 laid down in Causeway Street. 
 
 Also upon the condition, that when the tracks located by 
 this order are laid down, the space between the rails, and three 
 feet on each side thereof, shall be paved with granite blocks 
 of such size and quality as the Superintendent of Streets shall 
 direct. 
 
 Accepted by Broadway R.R. Co., June 27, 1867. 
 
262 
 
 ORDINANCES. 
 
 Nov. 19, 186" 
 
 Corporation. 
 1867. 170, $ 1. 
 
 To construct a 
 railway in Bos- 
 ton streets. 
 
 Ibia. $ 2. 
 
 Also upon the condition, that said Fitchburg Railroad Com- 
 pany shall accept this order of location, and agree, in writing, to 
 comply with its several conditions, and file said acceptance and 
 agreement with the City Clerk within twenty days of the date 
 of its passage ; 1 otherwise, it shall be null and void. 
 
 MARGINAL FREIGHT RAILWAY. 
 
 STATUTE. 
 
 1. Corporation. 
 
 2. To construct a railway. Loca- 
 tion. 
 
 3. To be used for frieght only. 
 
 4. May connect with steam roads. 
 
 5. May fix tolls. 
 
 6. May unite with Commercial 
 Freight R. R. 
 
 7. May unite with other street 
 roads. 
 
 8. May widen and alter streets. 
 
 9. City to widen streets when de- 
 manded by the company. 
 
 10. Company to keep streets in re- 
 pair. 
 
 11. Tracks how removed. 
 
 12. May erect elevators for grain. 
 
 13. Amount of capital stock. 
 
 14. Certain steam roads may sub- 
 scribe for stock. 
 
 15. May receive freight cars from 
 other roads on tracks. 
 
 16. Agreement to be made with 
 
 * Commercial Freight R. R. Co. 
 
 17. Mode of running cars to be 
 regulated. 
 
 18. When act to take effect. 
 
 hules. 
 
 Rules adopted by board of aider- 
 men, p. 267. 
 
 STATUTE . 2 
 
 Section 1 . Thomas Russell, Edward Crane, Harvey Scud- 
 der, their associates and successors, are hereby made a corpora- 
 tion by the name of the Marginal Freight Railway Company, 
 with all the privileges, and subject to all the duties, restrictions 
 and liabilities set forth in the general laws which now are, or 
 may hereafter be in force relating to street railway corporations 
 so far as they may be applicable. 
 
 Sect. 2. Said corporation, in such manner as may be pre- 
 scribed and directed by the board of aldermen of the city of 
 Boston, may construct, maintain and use a street railway, with 
 
 1 Accepted Dec. 6, 1867. 
 
 2 An act to incorporate the Marginal Freight Railway Co., passed April 
 25, 1867. 
 
STREET RAILROADS. 
 
 263 
 
 suitable turn-outs, and with such tracks, not less than two, as the 1867, 170 >$ 2 - 
 said board of aldermen may from time to time permit ; the rails 
 for said tracks to be of such pattern as the board of aldermen 
 may prescribe, and which shall also be suitable for railway 
 freight cars in common use, commencing at the Boston and 
 Worcester Railroad tracks in Lincoln or South Street in said 
 Boston; thence through upon and over Lincoln or South and Location. 
 Beach streets to Federal Street, or through, upon and over 
 Lincoln, Tufts and East streets to Federal Street; and also 
 commencing on the freight tracks of the Old Colony and New- 
 port Railway Company, near its freight depot in said Boston ; 
 thence over, through and upon Cove and Beach streets to Federal 
 Street, or through, upon and over Cove and East streets to Fed- 
 eral Street; thence through, upon and over Federal Street and 
 Broad Street to Rowe’s Wharf ; thence through all intervening 
 estates, at the head of Rowe’s Wharf and India Wharf, to India 
 Street; thence through, upon and over India Street, and through 
 the westerly end of Central Wharf Block, and through, upon and 
 over the street east of the Custom House to Commercial Street ; 
 thence through, upon and over Commercial, Causeway and Low- 
 ell streets, or through, upon and over Commercial, Causeway, 
 
 Andover and Minot streets, to a connection with the freight 
 tracks of the Boston and Lowell Railroad Company; with the 
 right also to construct, use and maintain side tracks from said 
 line above described, to any wharf or wharves, or warehouses, 
 suitable for storing freight, when requested in writing so to do 
 by a majority in interest of the owners or occupants of such 
 wharves or warehouses ; jwovided, however , that no side track 
 shall be laid upon a public street to any wharf or warehouse, 
 without the approval of the board of aldermen. 
 
 Sect. 3. Said railway shall be used by said corporation for to be used for 
 the transportation of freight only, and the cars thereon shall be 3? 17 ’ 
 drawn only by horse-power, unless the use of other power shall 
 be sanctioned by said board of aldermen. 
 
 8 
 
264 
 
 ORDINANCES. 
 
 May connect 
 with steam 
 roads. 
 
 Ibid. $ 4. 
 
 May fix tolls for 
 transportation. 
 Ibid. $ 5. 
 
 May unite with 
 Commercial 
 Freight R. R. 
 Ibid. $ 6. 
 
 May unite with 
 other street rail- 
 ways. 
 
 Ibid. $ 7. 
 
 Sect. 4. Every steam railway corporation by whose road 
 said Marginal Freight Railway passes, shall, in the manner pre- 
 scribed by said board of aldermen, connect its tracks with the 
 same, for the transportation of freight; and every such steam 
 railroad is empowered and required to make such connections ; 
 and in making such connections said steam railroad companies 
 shall have all the powers and be subject to all the liabilities set 
 forth in the sixty-third chapter of the General Statutes and in 
 the laws supplemental thereto; and it shall be the duty of said 
 Marginal Freight Railway Company to receive and deliver 
 freight cars at each of said connections, and haul the same over 
 its road at their established rates. 
 
 Sect. 5. Said Marginal Freight Railway Company shall 
 have the power to fix such tolls for the transportation of freight 
 and the use of elevators, as they may from time to time deem 
 expedient; provided, that said rates shall only be sufficient to 
 pay the expenses of said corporation and to pay a dividend of 
 five per cent semi-annually upon the capital stock of said cor- 
 poration. 
 
 Sect. 6. The Commercial Freight Railway Company, incor- 
 porated by chapter two hundred and sixty-seven of the acts of 
 the year eighteen hundred and sixty-six, is hereby authorized to 
 unite with said Marginal Freight Railway Gompany and form 
 one corporation on such terms as said two corporations may* 
 mutually agree upon. 
 
 Sect. 7. Said corporation may within its authorized limits 
 and for the authorized purposes of this act, enter upon and use 
 any part of the tracks of . any other street railway, and may so 
 strengthen and improve such tracks as to make them suitable 
 for the transportation of freight; and if the corporations cannot 
 agree upon the manner and conditions of such entry and use, or 
 the compensation to be paid therefor, the same shall be deter- 
 mined in accordance with the provisions of the twenty-ninth sec- 
 tion of chapter two hundred and twenty-nine of the acts of the 
 year eighteen hundred and sixty -four. 
 
STREET RAILROADS. 
 
 2 65 
 
 Sect. 8. Said Marginal Freight Railway Company, for the May widen and 
 convenient location and use of its tracks, and to lessen and to streets, 
 prevent inconvenience being occasioned thereby to the public 1867, 1<0,$8, 
 travel, are authorized to widen and alter Tufts, East and Cause- 
 way streets ; and to carry into effect the purposes of this act, 
 shall be entitled to all the rights and privileges and shall be sub- 
 ject to all the duties, liabilities and restrictions set forth in the 
 sixty-third chapter of the General Statutes and the laws supple- 
 mental thereto, so far as the same may be applicable. And any 
 railroad corporation whose tracks are authorized to be connect- 
 ed with said Marginal Railway Company by this act, shall, for 
 the purpose of properly and conveniently making such connec- 
 tion, or for the purpose of enlarging or improving their freight 
 or passenger accommodations in the city of Boston, have all the 
 powers, rights, and privileges, and shall be subject to all the du- 
 ties, liabilities and restrictions set forth in the sixty-third chapter 
 aforesaid and the laws supplemental thereto, so far as the same 
 may be applicable. 
 
 Sect. 9. The board of aldermen of the city of Boston City t0 widen 
 may, upon the application of said Marginal Freight Railway manded by the 
 Company, straighten the streets through which said railway is ibid^T. 
 authorized to pass, and widen said streets .so that they shall not 
 be less than fifty feet in width between the curbstones; and 
 said straightening and widening shall be made in accordance 
 with the provisions of chapter one hundred and seventy-four of 
 the acts of the year eighteen hundred and sixty-six ; and said 
 Marginal Freight Railway Company shall pay said city one half 
 of the net cost to said city of such straightening and widening. 
 
 Sect. 10. Said Marginal Freight Railway Company shall To keep streets 
 keep in repair, to the satisfaction of the superintendent of streets imaTio- 
 of the city of Boston, all the paving between the curbstones of 
 the streets in which their tracks shall be laid. 
 
 Sect. 11. The board of aldermen of the city of Boston Tracks, how re- 
 
 _ moved from 
 
 shall, upon the application ol any street railway company used streets, 
 for the conveyance of passengers, and owning tracks in any of Ibl(L$ n ’ 
 
266 
 
 ORDINANCES. 
 
 1867. 170, §11. 
 
 May erect ele- 
 vators for grain. 
 
 rbid. $ 12. 
 
 Capital stock, 
 rbid. $ 13. 
 
 Steam roads 
 may subscribe 
 * for stock. 
 
 Ibid. $ 14. 
 
 the streets which said Marginal Freight Railway Company shall 
 occupy, authorize the company so applying to remove its tracks 
 from such streets, and shall grant to said company in lieu of the 
 tracks so removed an equally convenient location in other streets 
 so far as the same may be consistent with the public con- 
 venience. 
 
 Sect. 12. Said Marginal Freight Railway Company is hereby 
 authorized to erect and maintain elevators for the storage of 
 grain, to purchase and hold such real estate as may be necessary 
 therefor, and to collect the tolls for the use thereof provided for 
 in section five. 
 
 Sect. 13. The capital stock of said Marginal Freight Rail- 
 way Company shall not exceed one million of dollars, and shall 
 be divided into shares of one hundred dollars each ; provided 
 no liabilities shall be incurred by said corporation until one-half 
 of the stock shall have been subscribed by responsible parties, 
 and twenty per cent of the amount of such subscription shall be 
 paid in, in cash. 
 
 Sect. 14. The Boston and Worcester Railroad Company, 
 the Western Railroad Company, the Old Colony and Newport 
 Railway Company, the Boston, Hartford and Erie Railroad Com- 
 pany, the Boston and Providence Railroad Company, the Fitch- 
 burg Railroad Company, the Boston and Maine Railroad Com- 
 pany, the Eastern Railroad Company, and the Boston and 
 Lowell Railroad Company, are each of them authorized, and 
 shall each of them have the right to subscribe to the stock of 
 said Marginal Freight Railway Company, to an amouut not ex- 
 ceeding five per cent of the capital stock thereof, as the amount 
 of the same may, from time to time, be determined; provided, 
 that said subscriptions shall be made within ninety days from 
 such determination or increase of said capital stock : notice of 
 such determination or increase shall be sent to the treasurers 
 of each of said railroad corporations; and upon the request of 
 said Marginal Freight Railway Company, the said railroad cor- 
 porations, before-named, may, from time to time, make further . 
 subscriptions to said capital stock. 
 
STREET RAILROADS. 
 
 ' 267 
 
 Sect. 15. Any freight cars arriving in Boston on either of the 
 above-mentioned railroads, and containing freight destined to any 
 other of said railroads, shall be taken over said Marginal Freight 
 Railroad and delivered to such other railroad, without breaking 
 bulk; provided, however, that this regulation shall only apply 
 to cars containing a full average load. 
 
 Sect. 16. This act shall be void, so far as it authorizes the 
 construction of the Marginal Freight Railway over the location 
 of the Commercial Freight Railway, or. through the streets in 
 which the said last-named railway is located; also so far as re- 
 lates to any rights and privileges granted to said Marginal 
 Freight Railway by this act, upon, incident to, or connected 
 with said last-named location, unless said Marginal Freight 
 Railway and said Commercial Freight Railway shall unite and 
 form one corporation, as they are herein authorized to do, or 
 shall mutually agree upon the joint occupancy of said last named 
 location, or unless said Commercial Freight Railway Company 
 shall consent, in writing, that said Marginal Freight Railway 
 Company may occupy and lay its tracks upon the location of 
 said Commercial Freight Railway. 
 
 Sect. 17. The board of aldermen of the city of Boston shall 
 have full power to regulate the manner and time of running the 
 cars upon said Marginal Freight Railway. • 
 
 Sect. 18. This act shall take effect as soon as it shall be 
 accepted by the board of aldermen of the city of Boston. 1 
 
 May receive 
 freight cars 
 other roads on 
 their tracks. 
 1868. 180, §15. 
 
 Agreement with 
 Commercial 
 Freight Co. to 
 he made. 
 
 Ibid. § 16. 
 
 Mode of run- 
 ning cars to b® 
 regulated. 
 
 Ibid. $ 17. 
 
 "When act to 
 take effect. 
 
 Ibid. § 18. 
 
 RULES. 2 
 
 1. The rail to be used in the construction of the Marginal Form of rail ^ &c - 
 
 July 9, 1867. 
 
 Freight Railroad shall be made of rolled iron, and shall weigh 
 not less than ninety pounds to the lineal yard, and be similar to 
 the pattern deposited in the office of the superintendent of 
 streets. 
 
 2. The space between the rails and such distance on each Pavement of 
 
 tracks. 
 
 side thereof, as shall be prescribed by the committee on paving* 
 
 1 Accepted by board of aldermen, of Boston, May 7, 1867. 
 
 2 Rules passed by board of aldermen, July 9, 1867. 
 
268 
 
 ORDINANCES. 
 
 Fourteenth lo 
 cation. 
 
 Nov. 18, 1867. 
 
 shall be paved with small granite or trap-rock blocks of such 
 size and quality as the superintendent of streets shall direct. 
 The whole work of constructing said tracks shall be done to the 
 satisfaction of the committee on paving and the superintendent 
 of streets, and shall be approved by them. 
 
 METROPOLITAN RAILROAD. 
 
 Ordered : In addition to the rights^ heretofore granted to the 
 
 Metropolitan Railroad Company to lay down tracks in several 
 streets in the city of Boston, said company shall have the right 
 to lay down an additional track on Boylston Street, between 
 Tremont Street and the easterly line of Charles Street, also a 
 double track on said Boylston Street from the easterly line of 
 Charles Street, to the easterly line of Berkeley Street. 
 
 Said Metropolitan Railroad Company shall also have the right 
 to lay down an additional track on Tremont Street, from the 
 northerly line of Boylston Street to a point sixty feet north of 
 the northerly line of La Grange Street, there to connect with the 
 single track now laid down. Also, an additional track on said 
 Tremont Street, from Eliot Street to Dover Street, with suitable 
 connections with the tracks now laid down. 
 
 Said Metropolitan Railroad Company shall also have the right 
 to connect their tracks on Tremont Street near Berkeley Street, 
 and the tracks located by this order on Boylston Street with 
 tracks which they may hereafter lay down on Berkeley Street. 
 
 The right to lay down the tracks located by this order is upon 
 the condition that the whole work of laying down the tracks, the 
 precise location of the same, and the form of rail to be used 
 shall be under the direction and to the satisfaction of the com- 
 mittee on paving and the superintendent of streets, and shall be 
 approved by them. 
 
 Also, upon the condition that the space between the rails and 
 three feet on each side thereof shall, after the first day of May, 
 1868, when the committee on paving shall direct, be paved with 
 granite blocks of such size and quality as the superintendent of 
 streets shall direct. 
 
STREET RAILROADS. 
 
 269 
 
 Also, upon the condition that the board of aldermen reserve Nov - 18 > 1867 * 
 the right to allow any other horse railroad company to run cars 
 over the tracks located by this order for such compensation as 
 may be agreed upon by the respective companies, and in case of 
 disagreement, the compensation to be determined according to 
 law. 
 
 Also, upon the condition that the said Metropolitan Railroad 
 Company shall accept this order of location and agree in wri- 
 ting to comply with the conditions therein contained, and file said 
 acceptance and agreement with the city clerk within twenty 
 days of the date of its passage, otherwise it shall be null and 
 void . 1 
 
 Fifteenth Location. 
 
 In addition to the rights heretofore granted to the Metropoli- Fifteenth ioea- 
 tan Railroad Company to lay down tracks in several of the j an ’ 2, im. 
 streets of the city of Boston, said company shall have the right 
 to lay down an additional track on Tremont Street, commencing 
 at a point in the present tracks of said company on said Tre- 
 mont Street, opposite the northerly line of Camden Street, and 
 extending in a southerly direction on the westerly side of said 
 tracks, two hundred and seventy-five feet, there to connect with 
 the tracks as now laid down. 
 
 Said company shall also have the right to extend their double 
 tracks on Tremont Street, opposite Montgomery Place, forty feet 
 north of its present terminus. 
 
 The right to lay down these tracks is upon the condition that 
 the said Metropolitan Railroad Company shall, at all times after 
 the rails are laid down, keep in good order and repair such 
 portions of the street as are occupied by its tracks, and three 
 feet on each side thereof, to the satisfaction of the committee on 
 paving and the superintendent of streets. Also, that the work 
 of laying down the tracks, and the precise location of the same, 
 and the form of rail to be used, shall be under the direction and 
 to the satisfaction of the committee on paving and the superin- 
 tendent of streets, and shall be approved by them. 
 
 1 Accepted by Metropolitan R. R. Co. Nov. 19, 1867. 
 
270 
 
 ORDINANCES. 
 
 Jan. 2, 1868. 
 
 Tremont street. 
 Nov. 7, 1855. 
 
 Washington st. 
 Ibid. 
 
 Bartlett street. 
 Ibid. 
 
 Warren street. 
 Ibid. 
 
 Eustis street. 
 Ibid. 
 
 Walnut street. 
 Ibid. 
 
 Warren street. 
 Ibid. 
 
 Dudley street. 
 Ibid. 
 
 Also, that when the tracks are laid down, the space between 
 the rails and three feet outside of each rail shall be paved with 
 block pavement, of such size and quality as the superintendent 
 of streets shall direct. 
 
 Also, upon the condition that the said Metropolitan Railroad 
 Company shall accept this order of location and agree in writing 
 to comply with its several conditions, and file said acceptance 
 and agreement with the city clerk within twenty days of the 
 date of its passage, otherwise it shall be null and void . 1 
 
 METROPOLITAN RAILROAD LOCATIONS IN ROXBURY. 
 
 The track of the Metropolitan Railroad is located as follows : 
 A double track over Tremont Street from the Boston line to 
 Washington Street, across Washington Street to Lowell Street, 
 over Lowell Street to Centre Street, over Centre Street to the 
 line of West Roxbury: also a double track from Boston line 
 over Washington Street to Eliot Square: also a double track 
 from Washington Street at corner of Bartlett Street, over Bart, 
 lett Street to the junction of the same with the Norfolk and 
 Bristol Turnpike: also a double track from Washington Street 
 over Warren Street to its junction with Walnut Street: also a 
 double track from Washington Street over Eustis Street to the 
 Dorchester line : also a single track from the corner of Warren 
 Street, over Walnut Street to West Roxbury line: also a single 
 track over Warren Street from the corner of Walnut Street to 
 Dorchester line : also a single track from Tremont Street over 
 Cabot and Ruggles streets and Linden Park to Washington 
 Street: also a single track from Eliot Square over Dudley 
 Street to Eustis Street : also a single track from Eliot Square 
 over Centre Street -to its junction with Lowell .Street. The 
 above location is granted on the express conditions that the said 
 Metropolitan Railroad Company be required to keep in order 
 as much of the streets through which the track passes as may be 
 enclosed between the tracks and for eighteen inches on the out- 
 
 Accepted by Metropolitan R.R. Co., Jan. 7, 1868. 
 
STREET RAILROADS. 
 
 271 
 
 side of the outermost rail of each track, provided, also, that the Dec> 17 > 1855 - 
 said railroad corporation shall simultaneously lay the tracks 
 through Washington ’Street to Bartlett Street, over Bartlett 
 Street to Dudley Street, over Dudley Street to Eliot Square, 
 
 [over Eliot Square and through Centre Street to the junction of Rescinded - 
 Centre and Lowell streets,] over Warren Street from Washing- 
 ton to Walnut streets, over Eustis Street to the Dorchester line ; 
 also up Washington Street to Eliot Square : provided, also, that 
 the rate for a single fare between any point in the city of Bos- Fares * 
 ton to any point in the city of Roxbury shall not exceed six and 
 one-quarter cents, subject to the future action of the corporation 
 and the board of aldermen. 
 
 The grade of the track of the Metropolitan Railroad shall be Grades, 
 the same as that of the several streets through which said tracks 
 have been located by this board, and in the streets where the 
 double tracks are laid, the outer rail of each track shall be not 
 less than nine feet six inches distant from the curbstone, and 
 where a single track is laid, the outer rail shall be not less than 
 twelve feet and three inches from the opposite curbstone, 
 except where curves shall be necessary at the corners of the 
 streets. 
 
 Said -company is authorized, however, to lay the track within D r l ^ 1 e ey street 
 not less than nine feet and six inches from the curbstone on the Nov. 3, 1856. 
 southerly side of Dudley Street from the post office to Eliot 
 ^Square. 
 
 The gauge of the tracks shall be four feet eight and one-half 
 inches in width, the rails of the same size and pattern as those 
 now in use on the Third Avenue Railroad in New York city ; 
 the method of construction to be similar to that adopted on the 
 railroads in the city of New York, and the whole work to be 
 done subject to the direction and to the satisfaction of the board 
 of aldermen. 
 
 An additional location is granted to the Metropolitan Railroad shawmut ave- 
 as follows : A single track commencing at the railroad track at April 25, 1859. 
 the junction of Shawmut Avenue and Dudley Street, and extend- 
 
 9 
 
272 
 
 ORDINANCES. 
 
 April 25, 1859. 
 
 Warren street. 
 Nov. 14, 1859. 
 
 Warren street. 
 May 30, 1860. 
 
 Warren street. 
 July 7, 1860. 
 
 Oct. 22, 1860. 
 
 Warren street. 
 Sept. 3, 1860. 
 
 Eliot square. 
 Oct. 27, 1862. 
 
 ing along Shawmut Avenue to Oak Street, where a turnout may 
 be located if required ; the grade of the track is to be the same 
 as the grade of the highway through whibh it passes : and the 
 outer rail of each track shall, not be less than twelve feet from 
 the nearest curbstone ; it being understood that the Metropolitan 
 Railroad Company is required to pave, keep in good condition 
 at all times as much of the street as may be enclosed between 
 the tracks and for eighteen inches outside of the rails. 
 
 The Metropolitan Railroad Company is authorized to lay a 
 street railroad from its present terminus in Warren Street to a 
 point above Clifford Street, opposite the edge of which a portion 
 was blasted during the last winter in the middle of the street, 
 and from that last named point on the westerly side of said 
 street twelve feet from the line of the street to the Dorchester 
 line. 
 
 The Metropolitan Railroad Company is required to lay their 
 track in the centre of Warren Street from the present terminus 
 to the estate of Dr. Abbe, on Grove Hall Avenue, and from that 
 point on the side of the street to Dorchester line. 
 
 Also, to lay another track in Warren Street, from Dudley 
 Street to near Allston Place, there to connect with the main 
 track, provided said company construct a turnout between Rock- 
 land and Dale streets, at and for the terminus of the present 
 track. Said turnout may be extended from Dale Street to near 
 the south wall of the estate of the late Ralph Haskins. 
 
 Said railroad company is also authorized to build an addi- 
 tional track in Warren Street, from Dudley Street to a point 
 between Rockland and Dale streets, provided said company pay 
 the expense of widening Warren Street to a suitable width be- 
 tween Walnut Street and Rockland Street. 
 
 The Metropolitan Railroad Company is authorized to lay a 
 curved track of sixty feet radius in Eliot Square, connecting 
 their curved main track, on the southeasterly side of the pump, 
 with their straight track leading through the square ; also, two 
 curved tracks at the northwesterly end of the square, commen- 
 
STREET RAILROADS. 
 
 273 
 
 cing at a point one hundred and forty-two feet distant from the 0ct - 27 > 1862 - 
 connection near the pump ; one of fifty feet radius, northerly 
 leading into the passage-way on the easterly side of their new 
 car-house ; the other, of forty feet radius, entering the car-house 
 by the easterly car door ; each of these three tracks to conform 
 to a plan of the location drawn by Messrs. Mason ■& Barbour, 
 and herewith presented. 
 
 The railroad company is required to pave the space between 
 the said last-named turnouts, and also that portion of Washing- 
 ton Street which lies on the westerly side of the more westerly 
 of said last-named turnouts, for the distance of ten feet there- 
 from, and to maintain said turnout and pavement in good condi- 
 tion, and convenient for the passage of carriages across the 
 same ; and they are further required to lay down a good and 
 substantial sidewalk of granite blocks, with a good, smooth sur- 
 face in front of their whole estate on Eliot Square, and to main- 
 tain the same and the track across the same leading into their 
 car-house, in good condition and repair, and convenient for 
 use. 
 
 Said company shall also pave the triangular space between 
 their track near the pump in said square, and keep the pave- 
 ment in such space in repair. 
 
 The Metropolitan Railroad Company is authorized to locate Turnouts, 
 turnouts or switches in the following named streets : 
 
 At the junction of Eustis with Washington Street. 
 
 At the intersection of Warren Street with Dudley Street, on 
 Warren Street. 
 
 At the junction of Washington and Warren streets, on said 
 streets. 
 
 The above are granted upon the express condition, that all 
 rails, switches and turnouts now located and used by the said 
 company, which may be rendered useless by the above grants, 
 shall be removed forthwith by said company, and the locations 
 thereof are hereby revoked. 
 
274 
 
 ORDINANCES. 
 
 To lay an addi- 
 tional track 
 across Lehigh 
 street. 
 
 Aug. 27, 1867. 
 
 Location across 
 South street. 
 Nov. 2, 1867. 
 
 BOSTON AND WORCESTER RAILROAD. 
 
 Section 1 . Permission is granted to the Boston and Worces- 
 ter Railroad Corporation to lay down an additional track 
 across Lehigh Street, easterly of the present tracks, upon condi- 
 tion that said railroad corporation agrees in writing to remove 
 said track whenever the board of aldermen shall adjudge that 
 the public convenience so requires ; said agreement to be filed 
 with the city clerk within twenty days of the passage of this 
 order, otherwise this permit to be null’ and void. 1 
 
 Location. 
 
 Sect. 2. Permission is granted to the Boston and Worces- 
 ter Railroad Corporation to lay down a track across South 
 Street one hundred and thirty feet westerly of Oak Street ex- 
 tended upon the condition that said Boston and Worcester Rail- 
 road Corporation shall remove said track whenever the board 
 of aldermen shall so direct; also, upon the condition that said 
 railroad corporation shall accept this order of location, and agree 
 in writing to comply with the condition contained therein, and 
 file said acceptance and agreement with the city clerk within 
 twenty days of its passage, 2 otherwise it shall be null and void. 
 
 Accepted by Boston and Worcester R.R. Corporation, Sept. 2, 1867. 
 Accepted by Boston and Worcester R.R. Corporation, Nov. 9, 1867. 
 
TAXES. 
 
 275 
 
 
 TAXES. 
 
 
 
 STATUTE. 
 
 7. 
 
 Organization of Assistants. 
 
 1 . 
 
 Lands sold by Commonwealth 
 
 i 8. 
 
 Secretary to keep records. 
 
 
 to be taxed to owners at expi- 
 
 9. 
 
 Secretary to certify days of 
 
 
 ration of three years. 
 
 
 service. 
 
 
 
 10. 
 
 Estates to be valued. 
 
 
 ORDINANCE. 
 
 11. 
 
 Office Assessors. 
 
 1 . 
 
 Assessors, how many and when 
 
 12. 
 
 Abatements of taxes how made. 
 
 
 nominated. 
 
 13. 
 
 Tax bills to be made out. 
 
 2. 
 
 Live assessors to be chosen. 
 
 14. 
 
 Tax bills how collected. 
 
 3. 
 
 Sixteen Eirst Assistants. 
 
 15. 
 
 Real estate to be sold. 
 
 4. 
 
 Nineteen Second Assistants. 
 
 16. 
 
 Transfer of taxes. 
 
 5. 
 
 How removed. 
 
 17. 
 
 Tenant or occupant may be as- 
 
 6. 
 
 Organization of Board of As- 
 
 
 sessed. 
 
 
 sessors. 
 
 18. 
 
 Repeal of former ordinances. 
 
 
 STATUTE. * 1 
 
 
 Section 1 . In all cases where lands belonging to the Com- Lands so id by 
 
 State to be taxed 
 
 monwealth are or have been sold by the commissioners of public to owner after 
 lands, and agreements for deeds are or have been given by said 1% 
 
 commissioners, the land shall be free from taxation for the space 
 of three years, unless previously built upon or otherwise im- 
 proved by the purchasers or their assigns ; and upon the expira- 
 tion of three years from the date of such sale, such lands shall 
 be taxable to the purchasers thereof or their assigns, in the same 
 manner and to the same extent as if deeds of the same had been 
 executed and delivered. 
 
 ORDINANCE. 2 
 
 Section 1 . In the month of January, or as soon as may be Assessors, how 
 thereafter, annually, there shall be appointed a joint committee nominated, 
 of the city council, to be called the committee on the assessors’ Jan ’ 3 ’ 1868, 
 Department to consist of three members of the board of aider- 
 men and five members of the common council. The said 
 committee shall have the care and supervision of the assessors’ 
 
 1 An act in relation to the Taxation of Lands sold by the Commonwealth, 
 passed March 28, 1867. 
 
 1 An ordinance concerning the assessment and collection of taxes, passed 
 
 Jan. 3, 1868. 
 
276 
 
 ORDINANCES. 
 
 Jan. 3, 1868. 
 
 Choice of asses- 
 sors. 
 
 Ibid, 
 
 First assistants 
 chosen. 
 
 Ibid. 
 
 Second assist- 
 ants chosen. 
 Ibid. 
 
 Tenure of office. 
 Ibid. 
 
 office, and shall fix the amount of compensation to be paid to 
 the clerks appointed by the Assessors. In the month of January, 
 or as soon as may be thereafter, annually, the said committee 
 shall recommend to the city council the names of five persons 
 to be voted for as assessors of taxes in the city of Boston; and 
 also the names of sixteen persons to be voted for as first 
 assistant assessors of taxes, and the names of the persons to 
 be voted for as second assistant assessors of taxes. Nothing 
 herein contained, however, shall be construed to prevent the 
 election by the city council, to either or all the above offices, of 
 persons not recommended by said committee. 
 
 Sect. 2. On the first Monday of February, or within sixty 
 days thereafter, annually, there shall be elected, by concurrent 
 vote of both branches of the city council, five assessors of taxes 
 in the city of Boston, who shall be resident citizens thereof. 
 They shall devote their whole time to the service of the city, and 
 shall receive such compensation as the city council may, from 
 time to time determine. 
 
 Sect. 3. On the first Monday of February, or within sixty 
 days thereafter, annually, there shall be elected, by concurrent 
 vote of both branches of the city council, sixteen assistant 
 assessors of taxes in the city of Boston, who shall be denom- 
 inated jirsl assistants. They shall be resident citizens of 
 Boston, and shall receive such compensation as the city council 
 may from time to time determine. 
 
 Sect. 4. On the first Monday of February, or within sixty 
 days thereafter, annually, there shall be elected, by concurrent 
 vote of both branches of the city council, one assistant asses- 
 sor of taxes, to be denominated second assistant , for each ward, 
 with the exception of wards one, two, four and five, for each 
 of which two second assistants shall be elected. They shall be 
 residents of the ward for which they are elected ; for their ser- 
 vices they shall receive such compensation as the city council 
 may from time to time determine. 
 
 Sect. 5. The officers mentioned in the preceding sections 
 shall hold their office for one year from the first day of April in 
 
TAXES. 
 
 277 
 
 the year in which they shall be elected, and until others arc Jan * 3 > 1868 - 
 chosen and qualified in their stead, unless sooner removed. 
 
 They shall be removable at the pleasure of the city council; 
 and vacancies may be filled at any time for the unexpired term 
 in the manner hereinbefore provided for the election of said 
 officers. 
 
 Sect. 6. The assessors shall meet as soon as practicable organization of 
 after their election, and organize themselves into a board (to ibid, 
 be called the board of assessors,) by the choice of a chairman 
 and secretary from among their own number, which secretary 
 shall also be the secretary of the board provided for in the next 
 section. 
 
 Sect. 7. The assessors and the first and second assistant Organization of 
 
 . assistants. 
 
 assessors shall meet as soon as practicable after their election, ibid, 
 and organize themselves into a board, by the choice of a chair- 
 man from among their own number; and a majority of the 
 board shall constitute a quorum for the transaction of busi- 
 ness. 
 
 Sect. 8. Tt shall be the duty of the said secretary of the two Records to be 
 
 J J kept. 
 
 boards, thus organized, to keep the records of the doings -of ibid, 
 both boards in the same book, in the order in which the 
 meetings occur, always designating the board whose doings are 
 recorded. 
 
 Sect. 9. It shall be the duty of the secretary of the board secretary to cer- 
 of assessors to certify the number of days that the first assist- ^e. day8 
 ant assessors and the second assistant assessors have severally Ibld * 
 devoted to the service of the city. And the said assistant 
 assessors shall severally receive pay only for such number 
 of days’ service as shall have been so certified by the said 
 secretary. 
 
 Sect. 10. It shall be the duty of one of the said second as- Estates and 
 
 . .... . polls to be 
 
 sistant assessors to visit, in company with one of the assessors assessed, 
 or first assistant assessors, the different estates in their respec- Ibld * 
 tive wards, and to aid him in taking a list of the polls, in esti- 
 mating the value of the personal property, and in appraising the 
 value of the real estate. 
 
278 
 
 ORDINANCES. 
 
 Office assessors. 
 Jan. 3, 1868. 
 
 Abatements of 
 taxes. 
 
 Ibid. 
 
 Tax bills to be 
 made. 
 
 Ibid. 
 
 How collected. 
 Ibid. 
 
 Sect. 11. During the season when the assessors are called 
 upon to perform street duty, it shall be the duty of the chair- 
 man of the board of assessors, or such other assessor or asses- 
 sors, or first assistant assessor or assessors, as he may desig- 
 nate, to remain at the assessors’ room, during office hours, to 
 attend to such business as may be required to be transacted 
 there. But this section shall not be construed to permit the 
 withdrawal of more than two persons from street duty for office 
 business. 
 
 Sect. 12. Abatements of taxes shall be made and recorded 
 by the board of assessors, and the record thereof shall contain 
 the names of all persons whose taxes shall have been abated in 
 whole or in part, with the amount originally assessed, and the 
 amount of abatements ,* and the reasons for abatement shall be 
 stated on the said record, against the name of each person whose 
 tax shall have been abated ; and the board of assessors may 
 require the attendance of any of .the first or second assistant 
 assessors at any hearing for the abatement of taxes ; and when 
 petitions for abatement are refused and the petitioner appeals 
 to the board of aldermen, the record of said refusal by the board 
 of assessors shall accompany the appeal. A record of all abate- 
 ments made by the board of aldermen shall be transmitted 
 by the city clerk to the board of assessors at the time they are 
 made, but the reasons for the abatement may be omitted. 
 
 Sect. 13. It shall be the duty of the board of assessors to 
 make out and deliver, to the treasurer and collector, tax bills 
 for all taxes assessed on all persons and estates, on or before 
 the first day of October in each year. 
 
 Sect. 14. The city treasurer and collector shall immediately 
 issue the tax bills, and if the same are not paid within thirty 
 days thereafter, he shall issue a summons to each delinquent 
 person assessed ; and if such person shall not pay his taxes 
 within ten days after the receipt of such summons, or after the 
 service thereof upon him in the usual form, the said treasurer 
 shall issue his warrant for the collection of said taxes according 
 to law. 
 
TAXES. 
 
 Sect. 15. As soon as it conveniently may be, after the treas- estate to be 
 urer and collector has sold or caused to be sold, for non-pay- Jan. 3,1868. 
 ment of any tax or assessment, any real estate in the city, he 
 shall cause to be made under his supervision, and kept in his 
 office for public reference, an alphabetical list, when practicable, 
 of the location of such real estate, as well as of the name of the 
 person or persons, if known, against whom such tax or assess- 
 ment was levied. 
 
 Sect. 16. The said board of assessors may, at their discre- Transfer of 
 tion, transfer the amount of taxes assessed on real estate, not ibid, 
 owned at the time of assessment by the persons charged with 
 such taxes, to the persons by whom the said real estates were 
 owned at the time. 
 
 Sect. 17. The said board of assessors shall assess upon the Tenant or occu- 
 pant may be as- 
 
 owners of real estate, lying within the city, the amount of taxes sessed. 
 for which such real estate may be taxable : provided, that in any Ibld " 
 case where the board of assessors may deem it to be more for 
 the public interest Jo assess the tenant or occupant, instead of 
 the owner, they may [so assess such tenant or occupant; and 
 provided, also, that nothing herein shall affect the rights which 
 owners and tenants may have respectively, by reason of any 
 agreement made between themselves concerning such taxes. 
 
 Sect. 18. All existing ordinances relating to the assessment Repeal of former 
 and collection of taxes are hereby repealed : 1 provided, however, Jb?d? ance ’ 
 that the assessors and assistant assessors already elected shall 
 hold their office until the first Monday of April, in the year one 
 thousand eight hundred and sixty-eight, or until their successors 
 are chosen and qualified, unless sooner removed ; and the pres- 
 ent organization of said assessors shall continue until said first 
 Monday in April. 
 
 *An ordinance entitled “An Ordinance concerning the assessment and 
 collection of taxes,” passed Feb. 12, 1867, by which the ordinance passed 
 Feb. 26, 1866, was amended in the first section, is repealed as above. 
 
 10 
 
280 
 
 ORDINANCES. 
 
 No tree in street 
 to be removed 
 without permit. 
 1867. 242, § 1. 
 
 Penalty for vio- 
 lation of act. 
 Ibid. $ 2. 
 
 Act to be ac- 
 cepted. 
 
 Ibid. $ 3. 
 
 TREES. 
 
 statute. I 2. Penalty. 
 
 1. No person to cut down tree 3 * Act not to be in force unless 
 without permit. ' accepted. 
 
 STATUTE. 1 
 
 Section 1 . No person who has by law a right to cut down 
 or remove any ornamental or shade tree standing in any high- 
 way, town way or street, shall exercise such right without first 
 giving notice of his intention to one of the selectmen of the 
 town or mayor of the city in which the tree stands ; and, if the 
 selectmen of the town or mayor and aldermen of the city desire 
 to retain the tree, they shall give notice thereof to such person 
 within ten days after his notice to them ; and in that case, the 
 same course shall be taken and the same rules apply as to the 
 assessment, appeal and final determination and payment of the 
 damage such person may suffer by the retaining of said tree, as 
 in the case of damage done by an alteration. in such highway, 
 town way or street. 
 
 Sect. 2. If any such person shall cut down, remove or injure 
 such tree without first giving the notice required in the foregoing 
 section or in violation of any of the provisions thereof, or of 
 the rights of the city or town acquired thereunder to maintain 
 the same, he shall suffer the penalty provided for the injury or 
 destroying of ornamental or shade trees in the seventh section of 
 the forty-sixth chapter of the General Statutes, and the penalty in 
 such case shall accrue to the town or city. 
 
 Sect. 3. This act shall not be in force in any town or city 
 until it shall be accepted by a majority of the legal voters in 
 such town at a meeting legally called therefor, or by the city 
 council. 2 
 
 1 An act concerning Shade and Ornamental Trees standing in highways 
 and streets, passed May 16, 1867. 
 
 2 Accepted by City Council, Oct. 1, 1867. 
 
TRUANTS. 
 
 281 
 
 TRUANTS. 
 
 STATUTE. 
 
 1. Repeal of chapter 283 of acts of 1866. 
 STATUTE^ 1 
 
 Part of chap. 
 28 ^ of 1866 re- 
 pealed. 
 
 Section 1 . So much of chapter two hundred and eighty- 1867, 156,§1 
 three of the acts of the year eighteen hundred and sixty-six as 
 provides that chapter two hundred and seven of the acts of the 
 year eighteen hundred and sixty-two shall not apply to, nor 
 have effect within the city of Boston, is hereby repealed. 
 
 Sect. 2. This act shall take effect upon its passage. 
 
 • • 
 
 ORDINANCE. 2 
 
 Section 1. Any of the persons described in the first section Truants, &c. to 
 
 be fined. 
 
 of the “Act concerning truant children and absentees from May 25, 1867. 
 school,” passed on the thirtieth day of April, in the year one 
 thousand eight hundred and sixty-two, upon conviction of any 
 offence described in said act, shall be punished by a fine not 
 exceeding twenty dollars. 
 
 Sect. 2. The house for the employment and reformation of House of Re * 
 
 formation as- 
 
 juvenile offenders is hereby assigned and provided as the insti- signed as place 
 tution of instruction, house of reformation, or suitable situation 
 mentioned in the second section of said act. 
 
 1 An act in addition to an act concerning truant children and absentees 
 from school, passed April 22, 1867. 
 
 2 An ordinance concerning truant children and absentees from school, 
 passed May 25, 1867. Approved by Superior Court, (Brigham J.) June 7, 
 1867. 
 
282 
 
 ORDINANCES. 
 
 Names not to be 
 placed on lists 
 after polls are 
 opened, 
 
 1867. 206, $ 1. 
 
 Additional 
 
 wards. 
 
 Nov. 8i 1867. 
 
 Boundaries of 
 wards. 
 
 .Ward 13. 
 
 VOTERS. 
 
 STATUTE. 
 
 1. In cities, names not to be added to lists after opening of polls. 
 
 STATUTE . 1 
 
 The name of no person shall be added to the voting lists in 
 any city of this Commonwealth after the lists have been placed 
 in the hands of the ward officers, unless the qualifications of said 
 person as a voter shall have been determined by the mayor and 
 aldermen, at some meeting held previous to the opening of the 
 polls ; such fact to be verified by the certificate of the city clerk. 
 
 WARDS. 
 
 ORDINANCE . 2 
 
 Section 1 . By virtue of the fifth section of chapter three 
 hundred and fifty-nine of the acts of the year one thousand eight 
 hundred and sixty-seven, the territory annexed to Boston is 
 hereby divided into three wards, and the same shall hereafter 
 be known and constituted as follows : 
 
 Ward Number Thirteen : — Beginning at the centre of Wash- 
 ington Street at the line heretofore existing between Boston and 
 Roxbury ; thence by the centre of said street to Guild Row ; 
 thence by the centre of Guild Row to Dudley Street ; thence by 
 the centre of Dudley Street to Eustis Street; thence by the 
 centre of Eustis Street to the boundary line between Roxbury 
 and Dorchester; thence on said ^boundary line to the boundary 
 line heretofore existing between Boston and Roxbury ; thence 
 on said boundary line between Boston and Roxbury to the point 
 of beginning. 
 
 1 An act in addition to an act concerning the qualifications of electors, 
 passed May 2, 1867. 
 
 2 An ordinance in addition to an ordinance providing for a new division 
 of the city into wards, passed Nov. 8, 1867. 
 
WARDS. 
 
 283 
 
 Ward Number Fourteen : — Beginning at the centre of Wash- Ward 14, 
 ington Street at the boundary line heretofore existing between 
 Boston and Roxbury ; thence by the centre of said street to 
 Guild Row;. thence by the centre of Guild Row to Dudley 
 Street; thence by the centre of Dudley Street to Eustis Street; 
 thence by the centre of Eustis Street to the boundary line 
 between Dorchester and Roxbury; thence on said boundary 
 line to the boundary line between West Roxbury and Roxbury ; 
 thence on said boundary line between West Roxbury and Rox- 
 bury to the centre of Shawmut Avenue, at the point where it 
 crosses said line ; thence by the centre of Shawmut Avenue to 
 Bartlett Street; thence by the centre of Bartlett Street to Dud- 
 ley Street; thence by the centre of Dudley Street to Putnam 
 Street; thence by the centre of Putnam Street to Shailer Ave- 
 nue, so called ; thence by the centre of Shailer Avenue, so 
 called, to Cabot Street ; thence by the centre of Cabot Street 
 to Culvert Street; thence by the centre of Culvert Street to 
 Tremont Street; thence by the centre of Tremont Street to the 
 boundary line heretofore existing between Boston and Roxbury ; 
 thence by said boundary line between Boston and Roxbury to 
 the point of beginning. 
 
 Ward Number Fifteen : — Beginning at the centre of Tremont Ward 15. 
 Street, at the boundary line heretofore existing between Boston 
 and Roxbury; thence by the centre of Tremont Street to Cul- 
 vert Street; thence by the centre of Culvert Street to Cabot 
 Street ; thence by the centre of Cabot Street to Shailer Avenue, 
 so called ; thence by the centre of Shailer Avenue, so called, to 
 Putnam Street; thence by the centre of Putnam Street to Dud- 
 ley Street; thence by the centre of Dudley Street to Bartlett 
 Street; thence by the centre of Bartlett Street to Shawmut 
 Avenue ; thence by the centre of Shawmut Avenue to the boun- 
 dary line between West Roxbury and Roxbury; thence on said 
 line between West Roxbury and Roxbury to the boundary line 
 between Brookline and Roxbury ; thence on said boundary line 
 between Brookline and Roxbury to the boundary line heretofore 
 
284 
 
 ORDINANCES. 
 
 existing between Boston and Roxbury ; thence on said boundary 
 line between Boston and Roxbury to the point of beginning. 
 
 WARD OFFICERS. 
 
 STATUTE. 
 
 1. Certificates of election of ward 
 officers to be sent to city clerk. 
 
 2. To be retained for 20 days. 
 
 3. Repeal of former provisions. 
 
 STATUTE. 1 
 
 Certificates of 
 election to be 
 sent to city 
 clerk. 
 
 1867. 240, $ 1. 
 
 To be retained 
 by him for 20 
 days. 
 
 Ibid. $ 2. 
 
 Repeal of former 
 acts. 
 
 Ibid. $ 3. 
 
 Section 1. At each municipal election of the cities of this 
 Commonwealth, it shall be the duty of the ward officers of the 
 several wards to make out and sign certificates of the election 
 of such ward officers as are chosen at such election, in the man- 
 ner now provided by law, and said certificates for each ward 
 shall be placed in one envelope, indorsed “ ward officers chosen 
 in ward number /’ and transmitted to the city clerk, who 
 shall retain said envelopes unopened for twenty days, subsequent 
 to the day of said election, and he shall then open said envelopes 
 and transmit said certificates to the persons who appear to be 
 thus chosen. . 
 
 Sect. 2. If, within said twenty days, a statement, in writing, 
 is filed with the city clerk, signed by ten legal voters in any 
 ward, stating that they believe that the warden, or clerk, or any 
 inspector of elections of said ward, who has been declared 
 elected, did not receive a plurality of the votes cast on the preced- 
 ing election day, it shall be the duty of the city clerk to lay the 
 same before the board of aldermen for the time being, who shall 
 proceed to count the original ballots cast for such warden, clerk 
 or inspector, and shall declare the result, and shall issue a certi- 
 ficate to the person entitled thereto : provided , that this act shall 
 not apply to ward officers chosen to fill vacancies on election 
 day. 
 
 Sect. 3. All provisions of existing laws inconsistent here- 
 
 % 
 
 with are hereby repealed. 
 
 1 An act in relation to the Election of Ward Officers, passed May 16, 1867. 
 
WATER. 
 
 285 
 
 WATER. 
 
 STATUTE. 
 
 1. City may contract with Charles- 
 town, etc., for water. 
 
 2. May lay pipes and construct 
 hydrants. 
 
 3. Commissioners to take charge 
 of works — vacancies, etc. 
 
 4. Salaries. 
 
 5. When term of office expires. 
 
 6. City liable for damages — how 
 determined. 
 
 7. Claims, when to cease. 
 
 8. How parties dissatisfied may 
 proceed. 
 
 9. Damages for water rights. 
 
 10. May be assessed by court. 
 
 11. May issue scrip to pay cost. 
 
 12. May pass by-laws or ordinan- 
 ces. • 
 
 13. Shall establish water rates. 
 
 14. Penalty for injury to water or 
 water works. 
 
 15. Water for extinguishing fires. 
 
 16. May extend works through 
 Roxbury, etc. 
 
 17. Act to be void unless accepted. 
 
 18. Boston to succeed to all rights. 
 
 STATUTE. 1 
 
 Section 1. The city of Roxbury is hereby authorized to con- May contract 
 tract with either the city of Boston or the city of Charlestown Charlestown for 
 for a supply of water, and to take by purchase or otherwise, ^ecSryestate 
 and hold such, land, real estate or water-rights, and erect and and erect works. 
 
 , i , n 1867. 343, § 1. 
 
 maintain such works and structures as may be necessary for the 
 introduction of water either from said city of Boston, or from 
 said city of Charlestown, or from any ponds or other sources of 
 supply within the limits of the county of Norfolk, except Jamaica 
 Pond, and the distribution thereof in said city of Roxbury. 
 
 Sect. 2. For the purposes of distribution, said city of Rox- May lay pipes, 
 bury may lay down pipes to any house or building in said city, and regulate use 
 the owner or owners thereof having notice and not objecting ^.J a § te 2 r ‘ 
 thereto, and may make and establish public hydrants in such 
 places as may, from time to time, be deemed proper, and pre- 
 scribe the purposes for which they may be used, and may change 
 or discontinue the same ; may regulate the use of the water 
 within and without the said city, and establish the prices of rents 
 to be paid for the use thereof. And the said city may, for the May carr y - 
 
 works over or 
 
 purposes aforesaid, carry and conduct any aqueducts or other under ways and 
 
 water-courses 
 
 and open streets. 
 
 1 An act to authorize the city of Roxbury to procure a supply of water, 
 passed June 1, 1867. 
 
286 
 
 ORDINANCES. 
 
 1867 . 343, §2. works foy them to be made and constructed, over or under any 
 water-course, or any street, turnpike road, highway or other way, 
 in such manner as not to obstruct or impede travel thereon, or 
 the free flow of the water therein ; and may enter upon and dig 
 up any such land, street, road or way as may be necessary for 
 the purposes of laying down said aqueducts or other works, and 
 for maintaining or repairing the same. 
 
 ^^erintend Sect. 3. Three commissioners shall be appointed by the city 
 works, appoint- council, who shall, during their continuance in office, execute 
 
 ment and direc- , _ 
 
 tion of. and perlorm, superintend and direct, the execution and perform- 
 ibid. § 3. ance 0 f a p wor k Sj ma tters and things mentioned in the pre- 
 ceding sections, which are not otherwise specially provided for 
 in this act ; they shall be subject to such ordinances, rules and 
 regulations, in the execution of their said trust, as the city coun- 
 cil may, from time to time, ordain and establish, not inconsistent 
 with the provisions of this act and the laws of this Common- 
 Terms of office wealth : they shall respectively hold their said office for the term 
 
 and removals. 
 
 of three years next after their said appointment, unless the aque- 
 ducts and works aforesaid shall be sooner completed j but they, 
 or either of them, after having had an opportunity to be heard 
 in his or their defence, may be removed at any time by a con- 
 current vote of two-thirds of each branch of the city council j 
 filled! 10168 ’ h ° W an ^ in case a vacancy in the board of commissioners, by death, 
 resignation or removal, such vacancy shall be filled by the ap- 
 pointment of another commissioner, in manner aforesaid, who 
 shall hold his said office for the residue of the said term of three 
 years, with all the powers, and subject to all the restrictions 
 Quorum. aforesaid. A major part of said commissioners shall be a 
 quorum for the exercise of the powers, and the performance of 
 shall report the duties of the said office ; they shall, once in every three 
 
 quarterly. 
 
 months, and whenever required by the city council, make and 
 present, in writing, a particular report and statement of all their 
 acts and proceedings, and of the condition and progress of the 
 works aforesaid. 
 
 salaries of com- Sect. L Before the appointment of the commissioners afore- 
 
 missioners, how 1 1 
 
 fixed. said, the city council shall establish and fix the salaries, or com- 
 
WATER. 
 
 287 
 
 pensation, to be paid to the commissioners for their services ; 
 and the said salaries of the said commissioners, so established 
 and fixed as aforesaid, shall not be reduced during their contin- 
 uance, respectively, in said office. 
 
 Sect. 5. Whenever the said office of commissioners shall 
 cease, either by the expiration of the said term of three years 
 from the original appointment, or by the completion of the aque- 
 ducts and works mentioned in the preceding sections of this act, 
 all the rights, powers and authority, given to the city of Roxbury 
 by this act, shall be exercised by the said city, subject to all the 
 duties, liabilities and restrictions herein contained, in such man- 
 ner and by such agents as the city council shall from time to 
 time ordain, appoint and direct. 
 
 Sect. 6. The said city of Roxbury shall be liable to pay all 
 damages that shall be sustained by any persons in their property 
 by the taking of any land, water or water-rights, or by the con- 
 structing of any aqueducts, reservoirs or other works, for the 
 purposes of this act. And if the owner of any land, water, or 
 water-rights, which shall be taken as aforesaid, or other person 
 who shall sustain damage as aforesaid, shall not agree upon the 
 damages to be paid therefor, he may appty, by petition, for the 
 assessment of his damages at any time within three years from 
 the taking of the said land, water or water-rights, or sustaining 
 damage as aforesaid, and not afterwards, to the superior court 
 in the county in which the same are situate, unless sooner 
 ’barred, as provided in the seventh section of this act. Such 
 petition may be filed in the clerk’s office of said court, in vaca- 
 tion or in term time, and the clerk shall thereupon issue a sum- 
 mons to the city of Roxbury, returnable, if issued in vacation, to 
 the then next term of the said court, and if in term time, return- 
 able on such day as the said court shall order, to appear and 
 answer to the said petition; the said summons shall be served 
 fourteen days at least before the return day thereof, by leaving 
 a copy thereof, and of the said petition, certified by the officer 
 who shall serve the same, with the mayor or clerk of said city ; 
 
 1867. 343, § 4. 
 
 Office ceasing, 
 powers of to 
 vest in city. 
 Ibid. § 5. 
 
 City shall be li- 
 able for damage 
 to persons. 
 
 Ibid. § 6. 
 
 Party may ap- 
 ply for assess- 
 ment within 
 three years to 
 superior court. 
 
 Proviso. 
 Petition, when 
 may be filed. 
 
 Issue and return 
 of summons. 
 
 Service of. 
 
 11 
 
288 
 
 ORDINANCES. 
 
 Court may ap- 
 point assessors. 
 1867. 343, § 6. 
 
 Award, accept- 
 ed by court, to 
 be final. 
 
 Proviso : party 
 may have jury. 
 
 Party failing to 
 proceed under $ 
 6, city may com- 
 mence after 
 three months. 
 Ibid. § 7. 
 
 Person not ap- 
 pearing, to be 
 barred. 
 
 Party dissatis- 
 fied with award 
 under $ 6, may 
 have jury trial. 
 Ibid. § 8. 
 
 Verdict, when 
 accepted by 
 court, to be final. 
 
 and the said court may, upon default or hearing of the said city, 
 appoint three disinterested freeholders of this Commonwealth, 
 who shall after reasonable notice to the parties, assess the dam- 
 ages, if any, which such petitioner may have sustained as afore- 
 said ; and the award of the said freeholders, or of the major part 
 of them, being returned into and accepted by the said court, 
 shall be final, and judgment shall be rendered and execution 
 issued thereon for the prevailing party, with costs, unless one of 
 the said parties shall claim a trial by jury, as hereinafter pro- 
 vided. 
 
 Sect. 7. Whenever any damages shall have been sustained 
 by any persons as set forth in the sixth section of this act, and 
 such persons shall neglect to institute proceedings against the 
 city of Roxbury, according to the provisions of this act, for the 
 space of twelve months, it shall be lawful for the city of Rox- 
 bury to commence such proceedings, which shall go on and be 
 determined in the same manner as if commenced by the persons 
 who shall have sustained such damage; and if such persons, on 
 receiving due notice, shall not come in and prosecute the pro- 
 ceedings so instituted, judgment shall be entered, against them, 
 and they shall be forever barred from recovering any damages 
 under this act. 
 
 Sect. 8. If either of the parties mentioned in the sixth sec- 
 tion shall be dissatisfied with the amount of damages awarded 
 as therein expressed, such party may, at the term at which such 
 award was accepted, or the next term thereafter, claim, in writ- 
 ing, a trial in said court, and have a jury to hear and deter- 
 mine, at the bar of said court, all questions of fact relating to 
 such damages, and to assess the amount thereof; and the verdict 
 of such jury, being accepted and recorded by the said court, shall 
 be final and conclusive, and judgment shall be rendered and 
 execution issued thereon, and costs shall be recovered by the 
 said parties, respectively, in the same manner as is provided by 
 law in regard to proceedings relating to the laying out of high- 
 ways. 
 
WATER. 
 
 289 
 
 Sect. 9. No application shall Be made to the court for the Damages for 
 
 L 1 water-rights. 
 
 assessment of damages for the taking of any water-rights, until 1867. 343, §9. 
 the water shall be actually withdrawn or diverted by the said 
 city, under the authority of this act. 
 
 Sect. 10. In every case of a petition to the superior court of°p ar ty 
 for the assessment of damages, as provided in the sixth, 'seventh, may tender sum 
 
 . to or bring same 
 
 eighth and ninth sections of this act, the city of Roxbury, by any into court, 
 of its officers, may tender to the complainant, or his attorney, Ibld ‘ § 10 ’ 
 any sum that they shall think proper, or may bring the same into 
 court, to be paid to the complainant for the damages by him 
 incurred or claimed in his petition ; and if the complainant shall petitioner not 
 not accept the same, with his costs up to that time, but shall ^y^Tentftied 
 proceed in the suit, he shall be entitled to his costs up to the 
 time of the tender, or such payment into court, and not after- 
 wards ; and the said city shall be entitled to recover its costs Costs of city * 
 afterwards, unless the complainant shall Recover greater dam- 
 ages than were so offered. 
 
 Sect. 11. For the purpose of defraying all the costs and Citycouncilmay 
 expenses of such lands, estates, waters and water-rights as shall “ water-scrip » 
 be taken, purchased or held for the purposes mentioned in this workT C ° St ° f 
 act, and of constructing all aqueducts and works necessary and Ibld,§n * ’ 
 proper for the accomplishment of the said purposes, and all ex- 
 penses incident thereto, heretofore incurred or that may be here- 
 after incurred, the city council shall have authority to issue, 
 from time to time, scrip, notes or certificates of debt, to be 
 denominated on the face thereof, “ Water Bonds of the City of 
 Roxbury,” to an amount not exceeding five hundred thousand 
 dollars, bearing interest at a rate not exceeding the legal rate 0 f Interest °“ and 
 
 70 00 payment of prm- 
 
 interest in this Commonwealth, which shall be redeemable at a ci P al - 
 period of time not less than ten, nor more than fifty years from 
 and after the issue of the said scrip, notes or certificates, respec- 
 tively ; and the said city council may sell the same, or any part city may sell or 
 thereof, from time to time, at public or private sale, or pledge 
 the same for money borrowed for the purposes aforesaid, on 
 such terms and conditions as the said city council shall judge 
 proper ; and the said city council may, for the purpose of meet- 
 
 pledge scrip. 
 
290 
 
 ORDINANCES. 
 
 May issue scrip 
 for payment of 
 interest. 
 
 1867. 343, § 11. 
 
 May pass by- 
 laws and ordi- 
 nances for pro- 
 tection of 
 works. 
 
 1867. 343, § 12. 
 Proviso. * 
 
 May organize 
 management. 
 
 Shall establish 
 water rates. 
 Ibid. § 13. 
 
 Occupants and 
 owners shall be 
 liable for pay* 
 ment. 
 
 Suit for unau- 
 thorized use of 
 water. 
 
 Penalty for ma- 
 liciously divert- 
 ing or corrupt- 
 ing water or 
 injury to works. 
 Ibid. § 14. 
 
 ing payments of such interest as may accrue upon any certificate 
 of debt, make such further issue of scrip, notes or certificates of 
 debt as may be necessary therefor. 
 
 Sect. 12. The city council may, from time to time, pass such 
 by-laws and ordinances as they may deem proper for the preser- 
 vation and protection of all or any of the works connected with 
 the supplying of the city of Roxbury with pure and wholesome 
 water, under and by' virtue of this act : provided , such by-laws 
 and ordinances are not inconsistent with any laws of this Com- 
 monwealth, or with the constitution thereof, subject at any time 
 to be repealed or modified by the legislature ; and may also 
 organize a department, with full powers, for the management of 
 such works, and the distribution of the said water. • 
 
 Sect. 13. The city council shall, from time to time, regulate 
 the price or rent for the use of the water, with a view to. the 
 payment, from the net income and receipts, not only of the semi- 
 annual interest, but ultimately of the principal of said debt so 
 contracted, so far as the same may be practicable and reasona- 
 ble. And the occupant of any tenement shall be liable for the 
 payment of the price or rent for the use of the water in such 
 tenement ; and the owner thereof shall also be liable, if, on being 
 notified of such use, he does not object thereto ; and if any per- 
 son or persons shall use any of the said water, either within or 
 without the said city, without the consent of the city, an action 
 of tort may be maintained against him or them for the recovery 
 of damages therefor. 
 
 Sect. 14. If any person or persons shall wilfully or mali- 
 ciously divert the water, or any part thereof, of any of the ponds, 
 streams or water-sources, which shall be taken by the city pur- 
 suant to the provisions of this act, or shall corrupt the same, or 
 render it impure, or destroy or injure any dam, aqueduct, «pipe, 
 conduit, hydrant, machinery or other property, held, owned or 
 used by the said city, by the authority and for the purposes of 
 this act, such person or persons shall forfeit and pay to the said 
 city three times the amount of the damages that shall be assessed 
 therefor, to be recovered by any proper action. And such per- 
 
WATER. 
 
 291 
 
 son or persons may, moreover, on indictment and conviction of ^ urtber liabiIity 
 either of the wilful and maliciotis acts aforesaid, be punished by 1867. 343 , § m. 
 fine not exceeding one thousand dollars, and imprisonment not 
 exceeding one year. 
 
 Sect. 15. The said city of Roxbury is also authorized to Citymaysupp,y 
 supply with water for the extinguishment of fires or for other other towns 
 purposes, the city of Boston, and the towns through which the ^d. 
 line of aqueduct may pass, and for this purpose may erect and 
 maintain such structures as may be requisite and necessary 
 therefor : provided . that such supply to Boston shall not deprive Proviso - 
 the towns on the line of the aqueduct of a sufficient supply of 
 water. 
 
 Sect. 16.- Said city of Boston or said city of Charlestown cities of Boston 
 
 or Charlestown 
 
 is hereby authorized to extend its works into and through said may extend 
 
 city of Roxbury, for the purpose of supplying the latter with 
 
 pure water; and, to this end, shall have all the rights and privi- Privileges and 
 
 restrictions. 
 
 leges, and be subject to all the duties, restrictions and liabilities ibid. §ie. 
 which it now has and to which it is now subject under the sev- 
 eral acts authorizing it to supply itself with water ; subject, how- 
 ever, to such terms and conditions, not inconsistent with the conditions, 
 provisions of said several acts, as may be agreed upon between 
 either of said cities and said city of Roxbury. 
 
 Sect. 1 7. The provisions of this act shall be .void, unless Act void unle8B 
 
 approved by 
 
 submitted to and approved by the voters of said city of Rox- voters of Rox- 
 bury, at meetings held simultaneously for that purpose in the ]^ r e y e 
 several wards, within three years from the passage of this act, Ibid * § 17, 
 upon notice duly given at least seven days from the time of hold- 
 ing said meetings. 1 
 
 Sect. 1 8. If within three years from the passage of this act 
 
 the territory of the city of Roxbury shall be annexed to and. ri s hts -™ d privi- 
 leges if Roxbury 
 
 made a part of the city of Boston, then the city of Boston shall be annexed 
 succeed to all the rights and privileges hereby granted to the Jhrlfyelrs! 1111 
 city of Roxbury. Ibid - § 18 - 
 
 Accepted by citizens of Roxbury, Nov. 5, 1867. Yeas 1,602, nays 9. 
 
292 
 
 ORDINANCES. 
 
 Sealer to make 
 annual report. 
 Office not to in- 
 cur expense. 
 Jan. 25, 1867. 
 
 WEIGHTS AND MEASURES. 
 
 ORDINANCE. 
 
 1. Sealer to make annual report — office — to be subject to directions of 
 committee on weights, etc. 
 
 ORDINANCE . 1 
 
 Section 1 . The fourth section of the ordinance relating to 
 the sealing of weights and measures is hereby amended by add- 
 ing thereto the following words : — “ Each sealer shall, annually, 
 on or before the tenth day of January, make a report to* the city 
 council containing a statement in detail of the expenses of his 
 department during the preceding year, the amounts received 
 and paid into the treasury, and the property under his charge 
 belonging to the city.” 
 
 The sixth section of said ordinance is hereby stricken out, 
 and the following inserted in place thereof: — 
 
 “ Sect. 6. The office of said sealers of weights and measures 
 shall be in the City Hall, and the committee on weights and 
 measures shall provide transportation for their standards. Said 
 sealers shall make no contracts involving the expenditure of 
 money without first having obtained the approval of the com- 
 mittee on weights and measures.” 
 
 1 An ordinance to amend an ordinance relating to the sealing of weights 
 and measures, passed Jan. 25, 1867. 
 
INDEX 
 
 ASSESSORS, how and when chosen, 275, 276. 
 organization of, 277. 
 assessment of polls and estates, 277. 
 office, Assessors’, 278. 
 
 BERKELEY STREET, conveyance of to city, 259. 
 
 BOSTON WHARF, certain license in harbor revoked, 226. 
 
 BOSTON AND WORCESTER R. R., location in Lehigh Street, 274. 
 
 location in South Street, 274. 
 BROADWAY R. R., sixth location, 260. 
 
 BUILDINGS, public, amount for repairs, 211. 
 
 CHURCH STREET, lands, etc. (See Health.) 228. 
 
 COMMON, Superintendent, 211. 
 duties of, 211. 
 
 COAL OILS, see Petroleum, 240. 
 
 COURT HOUSE, land to be taken for, 212. 
 
 description of land to be filed, 212. 
 
 DOGS, when to be licensed, 213. 
 fees, 213. 
 
 new owner of dog to get license, 214. 
 
 City Clerk to issue licenses, 214. 
 
 Treasurer’s duties, 214. 
 
 penalty for having unlicensed dog, 214. 
 
 Assessors to report dogs, 214. 
 orders to kill dogs, 215. 
 return of warrant by officers, 215. 
 
 Mayor to make statement, 215. 
 injury by dogs to be satisfied, 216, 217. 
 penalty for neglect by city officers, 217. 
 claims in Suffolk County, how paid, 218. 
 dangerous dogs, 218. 
 form cf warrant to kill, 218. 
 
294 
 
 INDEX. 
 
 FIRES, jury of inquest, 219. 
 oath of jurors, 220. 
 witnesses, attendance and oath, 220. 
 testimony, how taken, 221. 
 inquisition to be filed, 221. 
 fees and expenses, 221. 
 rules of department, 221. 
 corporation badge, 221. 
 rules relating to badges, 221. 
 
 FITCHBURG RAILROAD, location, 261. 
 
 HARBOR, sea-wall and flats, 222. 
 
 Legislative Committee on, (note) 222. 
 
 Commissioners may modify harbor line, 225. 
 
 Engineer may be appointed, 225. 
 
 Boston Wharf Co.’s license revoked, 226. 
 surveys to be made, 226. 
 appropriations, 226. 
 
 dredging machine, care and use of, 226. 
 
 HAY WEIGHING, office hours, 227. 
 
 fees, 227. 
 
 HEALTH, Church Street lands to be taken, 228. 
 
 to file description in Registry of Deeds, 228. 
 injured parties to have remedy in Equity, 229, 230. 
 Commissioners, and duties, 230. 
 decree and execution, and costs, 231. 
 liabilities of City, 231. 
 claims against the State, 23,1. 
 
 Attorney General to appear, 231. 
 
 Court to make orders and decrees, 232. 
 costs, how paid, 232. 
 
 to lay street railway forpurpose of transportation of material, 232. 
 internal health department abolished, .233. 
 fees of undertakers, 233. 
 
 INSTITUTIONS, report of Directors for, 239. 
 
 LIBRARY, penalty for injury to books, 234. 
 
 MANUFACTORIES, rules for employment of children in, 252. 
 
 MARGINAL FREIGHT R. R., 262. 
 
 MARRIAGES, non-residents to get license, 235. 
 
 who may solemnize such marriages, 235. 
 penalty for violation of act, 235. 
 
 METROPOLITAN R. R., fourteenth location, 268. 
 
 fifteenth location, 269. 
 
INDEX. 
 
 295 
 
 MUNICIPAL COURT, may commit lunatics, 236. 
 
 service of writs, 236. 
 claims above twenty dollars, 237. 
 service of civil writs, 237. 
 assistant clerk for civil business, 237. 
 PAUPERS, Overseers of Poor to keep records, 238. 
 
 to make annual return, 238. . 
 
 . penalty for neglect, 238. 
 
 Secretary to make abstract, 239. 
 repeal of former acts, 239. 
 burial of State paupers, 239. 
 report of Directors for Public Institutions, 239. 
 PETROLEUM and coal oils, inspectors of, 240. 
 
 Inspectors to be sworn, 240. 
 not to be mixed with naphtha, 241. 
 naphtha not to be sold for oil, 241. 
 violation of act to be prosecuted, 241. 
 regulations for keeping, 242. 
 
 POLICE ; appointment of, 244. 
 
 ROXBURY, union with Boston authorized, 244. 
 
 public property to vest in Boston, 245. 
 
 Treasurer to deliver over papers, etc., 245. 
 
 Courts, jurisdiction of, 246. 
 division of territory into wards, 247. 
 election of city officers, 248. 
 terms of School Committee, 248. 
 lists of voters, 248. 
 
 Aldermen and Councilmen, 249. 
 
 County property, release of, 249. 
 acceptance of Act, 250. 
 when to take effect, 251. 
 
 Metropolitan Railroad, locations in, 270. 
 may contract for supply of water, 285. 
 
 SCHOOLS, Children under ten years not to be in factories, 252. 
 
 none under fifteen, unless they attend school, 253. 
 limit to work, penalty, 253. 
 
 STATE AID, persons entitled to, 254. 
 
 quarterly reports to Auditor, 255. 
 returns to be inspected, 256. 
 payments may be made to families, 257. 
 repeal of former Acts, 257. 
 
 12 
 
296 
 
 INDEX. 
 
 STREETS, land on highway to be fenced, 258. 
 culverts to be made, 259. 
 
 Berkeley Street, deed of, 259. 
 
 new streets authorized across wharves, 259. 
 
 compensation therefor, 259. 
 
 STREET RAILROADS, repeal of former provisions, 260. 
 
 * Broadway R. R., sixth location, 260. 
 
 Fitchburg R. R., location, 261. « 
 
 Marginal Freight R. R., location, 262. 
 
 rules, 267. 
 
 Metropolitan R. R., fourteenth location, 268. 
 
 fifteenth location, 269. 
 locations in Roxbury, 270. 
 
 TAXES, on lands sold by State, 275. 
 
 Assessors, how chosen, 275, 276. 
 
 organization of, 277. 
 assessment of polls and estates, 277. 
 office Assessors, 278. 
 abatements, how made, 278. 
 tax bills, how collected, 278. 
 real estate may be sold, 279. 
 
 TREES, in streets not to be removed, 280. 
 penalty, 280. 
 
 TRUANTS, repeal of former Act, 281. 
 
 place of detention 281. 
 
 UNDERTAKERS, fees of, 233. 
 
 VOTERS, names not to be added to lists after polls are opened, 282. 
 WARDS, boundaries of wards 13, 14 and 15, 282. 
 
 WARD OFFICERS, election of, 284. 
 
 certificates, how sent, 284. 
 
 WATER, contract with Charlestown for, 285. 
 
 appointment of commissioners, 286. 
 damages, how paid, 287. 
 city may issue scrip, 289. 
 acceptance of act, 291. 
 
 WEIGHTS AND MEASURES, annual report of sealers, 292.