> T'~ 1 Pi A 1 Y ^ 0 U / Cf 0 f) * / AXI) jS. ^ t*****'****’’'*^ c * y.» •' | O* 4 ORDINANCES J HAVERHILL: C. C. MORSE & SON, PRINTERS. 1 8 7 0 . 3S£.CT|Vr \%Vb COMMONWEALTH OF MASSACHUSETTS. In the Year One Thousand Eight Hundred and Sixty-Nine. 5 £ AN ACT TO ESTABLISH THE CITY OF HAVERHILL. The administration of aJLl the fiscal, prudential ^^"“^lyor Be it enacted by the Senate and House of Representatives m General Court assembled , and by the authority of the dame, as follows: — Section 1. The inhabitants of the town of Haverhill shall city established, continue to be a body politic and corporate under the name of the City of Haverhill, and as such shall have, exercise and j enjoy all the rights, immunities, powers and privileges, and shall be subject to all the duties and obligations now incum¬ bent upon and pertaining to the said town as a municipal corporation. Sect. 2. _ R[_ and municipal affairs .of the said city, with the government and city coun- thereof, shall be vested in one officer, styled the Mayor, one council of six, to be called the Board of Aldermen, and one council of twelve, to be called the Common Council; which boards, in their joint capacity, shall be denominated the City Council; and the members thereof shall be sworn to the faith¬ ful performance of their respective duties. A majority ofQ UOr um. each board shall constitute a quorum for the transaction of business. And no member of either board shall receive any compensation for his services. Sect. 3. The election of city and ward officers shall take Election if ofli- place on the first Monday of December of each year; and cers ‘ the municipal year shall begin on the first Monday of Janu- ary following. \ % C L «o I 4 MUNICIPAL REGISTER. wards; how Sect. 4. It shall be the duty of tne selectmen of said divided, and _ _ . , . how altered, town, as soon as may be after the passage of this act and its acceptance, as herein provided, to divide said town into six wards, to contain, as nearly as conveniently may be, an equal number of voters, which division may be revised by the City Council within six years from the passage hereof. The City Council shall once in ten years, and not oftener, alter, if needful, the boundaries of said wards, in such manner, how¬ ever, as to preserve, as far as possible, an equal number of voters in each ward. ward officers Sect. 5. On the first Monday of December, annually, 2nlcembe U r! lly there shall be chosen by ballot, in each of said wards, a warden, clerk, and three inspectors of elections, who shall be different persons, residents in the ward, who shall hold their offices one year, and until others are chosen and qualified in Their powers, their stead. Said Wardens shall preside at all ward meet¬ ings, with the power of Moderators in town meetings; and if, at any meeting, the warden is not present, the Clerk shall preside until a Warden pro tempore is chosen; if both the Warden and Clerk are absent, the senior in age of the in¬ spectors present shall preside, until a Warden pro tempore is chosen; and if all said officers are absent, any legal voter in said ward may preside until a Warden pro tempore is chosen. When any ward officer is absent, or neglects to perform his cierk. duty, his office shall be filled pro tempore. The Clerk shall record all the proceedings and certify the votes, and de¬ liver to his successor in office all such records and journals, together with all other documents and papers held by him in Inspectors. his said capacity. The Inspectors shall assist the Warden in receiving, assorting and counting the votes. All said offi¬ cers shall be sworn to a faithful discharge of their duties ; said oath to be administered by the Clerk to the Warden, and by the Warden to the Clerk, and to the Inspectors, or to either of said officers by any Justice of the Peace for Essex county ; a certificate of such oaths shall be made by the Clerk upon the ward records. All warrants for meetings of the Warrants for CITY CHARTER. 5 citizens for municipal purposes, to be held either in wards or municipal meet- in general meeting, shall be issued by the Mayor and Alder- ings ' men, and shall be in such form, and served and returned in such manner and at such times as the City Council shall di¬ rect. Sect. 6. The Mayor and Aldermen are authorized, when Ward Rooms, no convenient ward room for holding ward meetings of the citizens of either of the wards of the city can be had, within the territorial limits of such ward, to appoint and direct, in the warrants for calling the ward meetings of such wards, the said meetings to be held in some convenient and proxi¬ mate place within the limits of any other of the wards of said city; and for such purposes the place so assigned for the meet¬ ing of such ward, shall be deemed and taken to be included in and part of said ward, as though the same was within the territorial limits thereof. Sect. 7. The Mayor shall be elected by the qualified Mayor’s eiec- . tion and term. voters of the city at large, voting in their respective wards, and shall hold his office for the municipal year next following his election, and until another shall be chosen and qualified in his place. Sect. 8. Six Aldermen — one Alderman being selected Aldermen ’ 8 election and from each ward — shall be elected by the qualified voters of term, the city at large, voting in their respective wards, who shall hold their offices for one year from the first Monday of Jan¬ uary next following their election, and until a majority of the new board are elected and qualified in their place. Sect. 9. Two Common Councilmen shall be elected by coundimen’s election and and from the voters of each ward, who shall, at the time of term . their election, be residents of the wards respectively in which they are elected, and shall hold their offices for one year from the first Monday of January next following their elec¬ tion, and until a majority of the new board are elected and qualified in their places. Sect. 10. On the first Monday of December annually, Annual eiec- . tions in Decenc the qualified voters in the several wards shall give in their ter. 6 municipal register. Certificates of election of Councilmen. Adjournments to complete elections. Mayor’s elec¬ tion; how cer¬ tified. Failure of election, or cases of va¬ cancy what proceedings, and also of Aldermen. votes by ballot for Mayor, Aldermen and Common Council- men, in accordance with the provisions of this act, and all the votes so given shall be assorted, declared and recorded in open ward meeting, by causing the names of persons voted for, and the number given for each, to be written in the ward record at length. The Clerk of the ward, within twenty- four hours thereafter, shall deliver to the persons elected members of the Common Council, certificates of their elec¬ tion respectively, signed by the Warden and Clerk and a majority of the Inspectors of Elections, and shall deliver to the City Clerk a copy of the record of such elections, certi¬ fied in like manner; provided, however, that if the choice of members of the Common Council shall not be effected on that day in any ward, the meeting in such a ward may be ad¬ journed from time to time, to complete such election. The Board of Aldermen shall, within ten days thereafter, exam¬ ine the copies of the records of the several wards, certified as aforesaid, and shall cause the person who shall have been elected Mayor to be notified in writing of his election, but if it shall appear that no person has received a majority of the votes, or if the person elected shall refuse to accept the office, the board shall issue warrants for a new election, and the same proceedings shall be had in all respects as are herein¬ before provided for the choice of Mayor, and from time to time shall be repeated until a Mayor shall be chosen and shall accept said office. In case of the decease, resignation or absence of the Mayor, or of his inability to perform the duties of his office, it shall be the duty of the Board of Al¬ dermen and Common Council respectively, by vote, to declare that a vacancy exists, and the cause thereof; and thereupon the two boards shall meet in convention and elect a Mayor to fill such vacancy; and the Mayor thus elected shall hold his office until the inability causing such vacancy shall be removed, or until a new election. If it shall appear that the whole number of Aldermen have not been elected, the same proceedings shall be had, as are hereinbefore pro- CITY CHARTER. 4 vided in regard to the choice of Mayor. Each Alderman shall be notified in writing of his election by the Mayor and Aldermen for the time being. The oath prescribed by this oaths of office, act shall be administered to the Mayor by the City Clerk, or tered. by any Justice of the Peace for the county of Essex. The Aldermen and Common Councilmen elect shall, on the first convention. Monday of January, at ten o’clock in the forenoon, meet in convention, when the oath required by this act shall be ad¬ ministered to the members of the two boards present, by the Mayor, or by any Justice of the Peace for the county of Essex ; and a certificate of such oath having been taken shall be entered on the journal of the Mayor and Aldermen, and of the Common Council, by their respective clerks. And whenever it shall appear that a Mayor has not been elected Non-eiection of previous to the first Monday of January aforesaid, the Mayor Mayor * and Aldermen for the time being shall make a record of that fact, an attested copy of which the City Clerk shall read at the opening of the convention to be held as aforesaid. After the oath has been administered as aforesaid, the two boards organization of . Common Coun- shall separate, and the Common Council shall be organized cilt by the choice of a President and Clerk, to hold their offices respectively during the pleasure of the Common Council; the Clerk to be under oath faithfully to perform the duties of his said office. In case of the absence of the Mayor elect on the Absence of first Monday of January, or if a Mayor shall not then have Major - been elected, the city council shall organize itself in the manner hereinbefore provided, and may proceed to business in the same manner as if the Mayor was present; and the oath of office may, at any time thereafter in convention of the two boards,be administered to the Mayor and any member of the city council who may have been absent at the organi¬ zation. In the absence of the Mayor, the Board of Aldermen chairman of may choose a presiding officer pro tempore, who shall also Aldcrmen - preside at the joint meetings of the two boards. Each board shall keep a record of its own proceedings, and judge of the Records, elections of its own members; and in case of failure of elec- 8 MUNICIPAL REGISTER. tion, or in case of vacancy declared by either board, the Mayor and Aldermen shall issue their warrants for a new election. Mayor’s duties Sect. 11. The Mayor shall be the chief executive officer and powers. ^ the c it y . It shall be his duty to be active and vigilant in causing the laws and regulations of the city to be enforced, and to keep a general supervision over the conduct of all subordinate officers. And he may, whenever in his opinion the public good may require, remove, with the consent of the appointing power, any officer over whose appointment he has, in accordance with the provisions of this charter, exer¬ cised the power of nomination. He may call special meet¬ ings of the boards of Aldermen and Common Councils, or either of them, when in his opinion the interests of the city require it, by causing notice to be left at the usual place of residence of each member of the board or boards to be con¬ vened. He shall from time to time communicate to both boards such information and recommend such measures as the business and interests of the city may in his opinion re¬ quire. He shall preside in the board of Aldermen, and in Convention of the two boards, but shall have a casting vote Salary. only. His salary for the first five years, under this charter shall be fixed by the city council, but shall not exceed the sum of one thousand dollars per annum. Afterwards it shall be such as the city council shall determine. It shall be pay¬ able at stated periods, but shall not at any time be increased or diminished during the year for which he is chosen. He shall receive no other compensation. Board of m. and Sect. 12. The executive power of said city generally tutie P s ° Wer8 °“ d and the administration, with all the powers heretofore vested in the Selectmen of Haverhill, shall be vested in and may be exercised by the Mayor and Aldermen as fully as if the same were herein specially enumerated. The Mayor and Alder- Appotat police, men shall have full and exclusive power to appoint a consta- aod remove. bl@ Qr cons t a blcs, and a City Marshal and assistants, with the powers and duties of constables, and all other 1 olice of- CITY CHARTER. 9 fleers, and the same to remove at pleasure. And the Mayor and Aldermen may require any person who may be appointed Marshal or Constable of the city, to give bonds for the faith¬ ful discharge of the duties of the office, with such security and to such amount as they may deem reasonable and proper, upon which bonds the like proceedings and remedies may be had as are by law provided in case of Constable’s bonds, taken by the Selectmen of towns. The city council shall city Council J *| ... , havemanage- have the care and superintendence of the city buildings, and me ntofCity the custody and management of all city property, with property ’ power to let or to sell what may legally be let or sold, and to purchase property, real or personal, in the name and for the use of the city whenever its interests or convenience may, in their judgment, require it. And the Mayor and Aldermen shall, as often as once a year, cause to be published for the Annual Re¬ use of the inhabitants, a particular account of the receipts p and expenditures, and a schedule of city property ajid of the city debts. Sect. 13. In all cases in which appointments are directed Appointments by M. and A. to be made by the Mayor and Aldermen, the Mayor shall have the exclusive power of nomination, being subject, how¬ ever, to confirmation or rejection by the board of Aldermen ; and no person shall be eligible by appointment or election to any office of emolument, the salary of which is payable out of the city Treasury, who, at the time of such appointment or election, shall be a member of the Board of Aldermen or of the Common Council. All sittings of the Mayor and Al- Sessions public, dermen, of the Common Council, and of the City Council, shall be public when they are not engaged in executive busi¬ ness. Sect. 14 . The City Council shall annually, as soon after city cierkand . . . , other officers; their organization as may be convenient, elect by joint ballot how chosen in convention, a Treasurer and Collector of Taxes, City ^ o d ve r ®‘ Clerk, one or more Superintendents of Highways, a City So¬ licitor, City Auditor, and City Physician, who shall hold their offices respectively for the term of one year, and until 10 MUNICIPAL REGISTER. Fire Engineers. Compensations. City Clerk’s duties. Other officers. Money; how jpaid, etc. Overseers of Poor. Chairman and members. their successors shall be chosen and qualified ; provided, how¬ ever, that either of the officers named in this section may be removed at any time by the City Council for sufficient cause. Sect. 15. The City Council shall, annually in the month of January, elect by joint ballot in convention, a Chief En¬ gineer of the Eire Department, and as many Assistant Engineers, not exceeding eight, as they may deem expedient, who shall hold their offices for the term of one year from the first Monday of February next ensuing, and until their suc¬ cessors are chosen and qualified. The compensation of the foregoing officers mentioned in the last two sections shall be fixed by concurrent vote of the City Council. Sect. 16. The City Clerk shall also be Clerk of the Board of Aldermen, and shall be sworn to the faithful per¬ formance of his duties. He shall perform such duties as shall be prescribed by the Board of Aldermen; and he shall perform all the duties and exercise all the powers incumbent by law upon him. He shall deliver to his successor in office as soon as chosen and qualified, all journals, records, papers, documents, or other things held by him in his capacity as City Clerk. Sect. 17. The City Council shall, in such manner as they shall determine, elect or appoint all other subordinate officers, for whose election or appointment other provision is not herein made, define their duties and fix their compensation. Sect. 18. The City Council shall take care that no money be paid from the treasury unless granted or appropriated, and shall secure a just and proper accountability by requiring bonds with sufficient penalties, and sureties from all persons intrusted with the receipt, custody or disbursement of money. Sect. 19. The Board of Overseers of the Poor in the City of Haverhill shall consist of six members, residents of the city. The Mayor, President of the Common Council, and City Marshal shall be ex-officio members of the Board. The Mayor shall be ex-officio Chairman of the Board. The City Council shall annually elect, by joint ballot in con- CITY CHARTER. 11 vention, on the first Monday of January, three persons to be members of said Board, and to hold their offices for one year next ensuing, and until others shall be elected and qualified in their stead. But no more than one of the three members so to be elected shall be eligible from any one ward of said city. Vacancies occurring in the board may be filled by vacancies and joint ballot of the City Council at any time, the members so removas - elected to hold office only for the unexpired term of the member who has ceased to hold office. The City Council may at any time remove members of said board from office for cause. The board shall be organized annually on the third Monday in January. Sect. 20. The City Council, chosen in the month of De- Assessors; how cember, in the year eighteen hundred and sixtv-nine, shall, on the first Monday of January, in the year eighteen hundred and seventy, elect by joint ballot in convention three per¬ sons to be Assessors of Taxes, one to be chosen for three years, one for two years and one for one year; and thereafter the City Council shall, annually, on the first Monday of Jan¬ uary, elect in the same manner one person to hold said office for the term of three years from his election, whose compen- Compensations, sation shall be fixed by the concurrent vote of the City Council. The persons so chosen shall constitute the Board of Assessors, and shall exercise the powers, and be subject to Duties, the liabilities and duties of assessors in towns. In case of a vacancv in said Board of Assessors, such vacancy shall be vacancies; J how filled. filled by the choice of another assessor, in the manner afore¬ said, to serve for the unexpired term for which the member whose place he fills was to have held his office. All taxes Assessment and shall be assessed, apportioned and collected in the manner taxes, prescribed by the general laws of the Commonwealth; pro¬ vided, however, that the City Council may establish further or additional provisions for the collection thereof. Sect. 21. The qualified voters of each ward, at their re- Assistant asses- spective annual ward meetings for the choice of officers, shall 80rs * elect by ballot one person in each ward, who shall be a resi- 12 municipal register. compensations dent of said ward, to be an Assistant Assessor, whose com- and duties. penfjation sha ll be fixed by the City Council; and it shall be the duty of the persons so chosen to furnish the Assessors with all necessary information relative to persons and prop¬ erty taxable in their respective wards; and they shall be sworn to the faithful performance of their duty. School Commit- Sect. 22. The qualified voters of each ward shall, on the tec; how chosen „ . A| on< j ay 0 f December, in the year eighteen hundred terms. an( i s i x ty-nine, elect by ballot three persons in each ward to be members of the School Committee, one to be chosen for three years, one for two years, and one for one year from the first Monday of January, in the year eighteen hundred and seventy; and thereafter one person shall be chosen in each ward at their respective annual meetings for the term of three years from the first Monday of January next ensuing; and the persons so chosen shall, with the Mayor, constitute the School Committee, and have the care and superintendence of Mayor,chair- the public schools. The Mayor shall be ex-officio Chairman 0 f the Board. And all the rights and obligations of the Town of Haverhill, in relation to the grant and appropriation of money to the support of schools, and the special powers and authority heretofore conferred by law upon the inhabitants school-money, of the school districts in said town, to raise money for the support of schools therein, shall be merged in the powers and obligations of the city, to be exercised in the same manner as over other subjects of taxation; and all grants and appro¬ priations of money for the support of schools and the erec¬ tion and repair of school-houses in said city shall be made by the City Council, in the same manner as grants and appro- priations are made for other city purposes, provision for no Sect. 23 . Should there fail to be a choice of members of cheice ' the School Committee or Assistant Assessors in any ward on the day of the annual ward meeting, the meeting shall be adjourned from time to time until the elections shall be com- pleted. Laying out Sect. 24. The City Council shall have power to lay out sidewalks. CITY CHARTER. 13 sidewalks, and fix the width, height and grade of the same, and require all persons, owning land abutting on such side¬ walks to pave the walks with brick, stone or cement, and keep the same in good repair, as they may direct, the city first setting; the curbstones and paving the gutters ; and in city provide ° curbings, and case any person, owning land as aforesaid, shall neglect or compel paving refuse to comply with the requirements of the City Council after receiving due notice of such requirements, the City Council shall have power to cause such sidewalks to be paved and kept in good repair according to said requirements, and may recover of said owner by an action of tort in the name of the city, the expense of paving and keeping the same in good repair. The City Council shall have the same powers in rela- Laying out • • streets etc. tion to the laying out, acceptance, altering or discontinuing of streets and ways, and the assessment of damages, which selectmen and inhabitants of towns now have by law, all petitions and questions relating to the same, however, being first acted on by the Mayor and Aldermen. Any person aggrieved by any proceedings of the Mayor and Aldermen, Appeal for . . i n i grievance. or of the City Council under this provision, shall have all the rights and privileges now allowed in appeals from the deci¬ sions of Selectmen or the inhabitants of towns. No street or wav shall hereafter be opened in the City of Haverhill over New streets J . .. forty feet width, any private land by the owners thereof, and dedicated to or permitted to be used by the public of a less width than forty feet, except with the consent of said Mayor and Aldermen in writing, first had and obtained for that purpose. The City Council shall also have authority to cause drains and common Drains and sewers. sewers to be laid down through any street or private lands, paying the owners such damage as they may sustain thereby, such damage to be assessed in the same manner and upon the same principles as damages are assessed in the laying out of town ways, and to require all persons to pay a reasonable sum for the privilege of opening any drain into said public drain or common sewer; and also to require that private drains shall be conducted into the public drain or sewer, in 14 MUNICIPAL BEGISTEB. Inspection of lumber, hay, etc. By-laws. Fines. General elec¬ tions. Lists of voters case the said City Council shall judge the same necessary or proper for the health and cleanliness of the city. Sect. 25. The City Council may make by-laws with suit¬ able penalties, for the inspection and survey, measurement and sale of lumber, wood, hay, coal and bark, brought into or exposed in the city for sale, and shall have the same pow¬ ers as the town had in reference to the suspension of the laws for the protection and preservation of useful birds, and of all other laws, the operation or suspension of which is subject to the action of the town thereon. The City Council may also make all such salutary and needful by-laws as towns by the laws of this Commonwealth have power to make and establish, and to annex penalties not exceeding twenty dollars, for the breach thereof, which by-laws shall take effect and be in force from and after the time therein respectively limited, without the sanction of any court, but subject to the approval of the Mayor : provided, however, that all laws and regulations in v force in the town of Haverhill shall, until they shall expire by their own limitation, or be revised or repealed by the City Council, remain in force ; and all fines and forfeitures for the breach of any by-law or ordinance shall be paid into the city treasury. Sect. 26. All elections of National, State, County and District officers, who are voted for by the people, shall be held at meetings of the citizens qualified to vote at such elec¬ tions in their respective wards, at the time fixed by law for these elections respectively. Sect. 27. Ten days prior to every election, the Mayor \ and Aldermen shall make out lists of all the citizens of each ward qualified to vote in such elections, in the manner in which Selectmen of towns are required to make out lists of voters ; and for that purpose they shall have full access to the Assessors’ books and lists, and are empowered to call for the assistance of the Assessors, Assistant Assessors, and other city officers; and they shall deliver the lists so prepared and corrected to the Clerks of the several wards, to be used at CITY CHARTER. 15 such elections ; and no person shall be entitled to vote whose name is not borne on such list. A list of the voters in each ward shall be posted in one or more public places in each ward. Sect. 28. General meetings of the citizens qualified to Public meetings, vote may from time to time be held to consult upon the pub¬ lic good, to instruct their representatives, and to take all law¬ ful means to obtain redress for any grievances, according to the right secured to the people by the constitution of this Commonwealth, and such meetings may and shall be duly warned by the Mayor and Aldermen, upon the request in writing, setting forth the purposes thereof, of fifty qualified voters. Sect. 29. All power and authority now vested by law Board of in the Board of Health of the town of Haverhill, or in the Health ’ Selectmen thereof, shall be transferred to and vested in the City Council, to be by them exercised in such manner as they may deem expedient. Sect. 30. The act entitled "an act to establish a fire de- Fire Depart- partment in the town of Haverhill,” passed the fifth day of meDt ' March, in the year one thousand eight hundred and forty-one, shall continue in force ; and all the power and authority now vested in the Selectmen of Haverhill, in relation to the fire department in that town, shall be transferred to and vested in the Mayor and Aldermen. But the City Council shall have power to establish fire limits within the city, and from Fire limits, and time to time change and enlarge the same ; and by ordinance buildings, they shall regulate the construction of all buildings erected within said fire limits, stipulating their location, size, and the materials of which they shall be constructed, together with such other rules and regulations as shall tend to in¬ sure the same from damage by fire. Sect. 31. The power and authority vested in the town Aqueduct Com- of Haverhill, by the seventy-third chapter of the acts of the year eighteen hundred and sixty-seven, to purchase, or otherwise take, the property belonging to the Haverhill 16 MUNICIPAL REGISTER. Aqueduct Company, shall he vested in, and may be exer¬ cised by the City Council. Amendments Sect. 32. Nothing in this act contained shall be so con- and alterations. ag res t ra i n or prevent the Legislature from amend¬ ing or altering the same, whenever they shall deem it ex¬ pedient. opposing acts Sect. 33. All acts, and parts of acts, inconsistent with repealed. thig ^ are here by repe aled; provided, however, that the repeal of the said acts shall not affect any act done, or any right accruing or accrued or established, or any suit or pro¬ ceeding had or commenced in any civil case before the time when such repeal shall take effect; and that no offence com¬ mitted, and no penalty or forfeiture incurred under any act hereby repealed, and before the time when such repeal shall take effect, shall be affected by the repeal; and that no suit or prosecution pending at the time of the said repeal, for any offence committed or for the recovery of any penalty or for¬ feiture incurred under said acts, shall be affected by such repeal; and provided, also, that all persons who at the time of the said repeal taking effect, shall hold any office under the said acts shall continue to hold the same until the organ¬ ization of the city government contemplated by this charter, shall be completely effected. First organize Sect. 34. For the purpose of organizing the system of videk-Lough government hereby established, and putting the same in Selectmen, etc. 0 p erat i on in the first instance, the Selectmen of the town of Haverhill, for the time being shall issue their Warrants seven days at least previous to the first Monday of December of \ the present year, calling meetings of the citizens of each Ward on that day, at such place and hour as they may deem expedient, for the purpose of choosing a Warden, Clerk and Inspectors of each Ward, and all other officers whose elec¬ tion is provided for in the preceding sections of this act; and the transcripts of the records in each Ward specifying CITY CHARTER. 17 the votes given for the several officers aforesaid, certified by the Warden and Clerk of the Ward at said first meeting, shall be returned to said Selectmen, whose duty it shall be to examine and compare the same; and in case such elec¬ tions should not be completed at the first meeting, then to issue new warrants until such elections shall be completed, and to give notice thereof in manner before provided, to the several persons elected. And at said first meeting a list of voters in each Ward, prepared and corrected by the Select¬ men for the time being, shall be delivered to the Clerk of each Ward, when elected, to be used as herein before pro¬ vided. After the choice of the city officers as aforesaid, or a majority of both boards, the Selectmen shall appoint a place for their first meeting, and shall, by written notice left at the place of residence of each member, notify them thereof. And after this first election of city officers, and this first meeting for the organization of the City Council according to the provisions of section ten of this act, as pro¬ vided for in this section, the day of holding the annual elec¬ tions, and the day and hour for the meeting of the City Council for the purpose of organization, shall remain as pro¬ vided in said tenth section of this act. It shall be the duty of the City Council, immediately after the first organization, to carry into effect the several provisions of this act. Sect. 35. This act shall be void, unless the inhabitants Popular ratm- of the Town of Haverhill, at a legal town meeting called for that purpose, shall by a vote of a majority of the voters present, voting thereon as hereinafter provided, determine to adopt the same. At said meeting the votes shall be taken by written or printed ballots, and the polls shall be kept open not less than six hours. The Selectmen shall preside in said meeting, and in receiving said ballots shall use the check-lists in the same manner as they are used in elections of State officers. 2 MUNICIPAL REGISTER. Sect. 36. This act shall go into operation from and after its passage. House or Representatives, March 6, 1869. Passed to be enacted. HARVEY JEWELL, Speaker. In Senate, March 8, 1869. Passed to be enacted. ROBERT C. PITMAN, President. March 10, 1869. Approved. WILLIAM CLAFLIN. Secretary’s Department, Boston, March 31, 1869. A true copy. Attest: OLIVER WARNER, Secretary of the Commonwealth . CITY ORDINANCES, > CHAP. I. ORDINANCES AND ELECTIONS. Be it ordained by the City Council of the City of Haver¬ hill, as follows : — Section 1 . All by-laws passed by the City Council shall ordi - be termed ordinances, and the enacting style shall be : Be it ordained by the City Council of the City of Haver¬ hill, as follows : — And they shall be arranged in chapters and sections, and numbered as convenience may require. Sect. 2. All ordinances shall be recorded by the City how recorded Clerk in the order in which they are enacted, in a suitable book, kept in the Clerk’s office, and subject to the inspec¬ tion of the citizens. Sect. 3. All ordinances, and such orders of the jHayor and promui- and Aldermen as the Mayor may deem advisable, shall be promulgated by at least one insertion in each paper pub¬ lished in the city. Printed copies may also be publicly dis¬ tributed at his discretion. Sect. 4. The form of warrants for calling meetings of the citizens of the several wards, shall be as follows : — CITY OF HAVERHILL. To either of the Constables of said City, Greeting : — In the name of the Commonwealth you are required forth¬ with to warn the citizens of Ward No. qualified to vote as the law directs to assemble at on the day of at o’clock in the forenoon, then and there to give in their ballots for Warrants for ward meetings. 20 MUNICIPAL REGISTER. Hereof fail not, and have you there this warrant with your doings thereon: Witness Mayor of said City of Ha- [seal] verhill, this day of A.D. one thousand eight hundred and By order of the Mayor and Aldermen City Clerk. Sect. 5. The form of warrant for calling general meet¬ ings of the citizens, shall be as follows, viz : — CITY OF HAVERHILL. Warrants for general meet¬ ings. <3 6 ' l ^ ij To either of the Constables of said City — Greeting: In the name of the Commonwealth of Massachusetts, you are hereby required forthwith to warn the citizens of Haver¬ hill, qualified to vote as the law directs, to assemble in general meeting at the City Hall on the day of at o’clock then and there to Hereof fail not, and have you there this warrant, with your doings thereon. Witness, Mayor of our City of [seal.] Haverhill, this day of A.D. one thousand eight hundred and By order of the Mayor and Aldermen City Clerk. How issued and published. i y' Sect. 6. All warrants, whether calling general meetings or meetings of the several wards, shall be issued by the Mayor and Aldermen four days atleast before the holding of the same; they shall be signed by the City Clerk, and they shall be served by either Constable of the city, by leaving a copy thereof at the residence of each citizen qualified to vote at the meetings called thereby, or by post¬ ing thereof in a suitable public place, or by publishing the V~o a »> j ~§ o 'L. 1 * :> h f s i 2 ), 1 S' V n * y } 1 o ^ J i 1 5 Vs 1 % 2-£ 1 \ Z. \ %6 0 ? To wit: A Circle enclosing the legend in the rim, viz: over the top the word " Haverhill,” and below the words " Settled 1640. Instituted a City 1870.” Inside the rim a beaded circle enclosing the Coat of Arms, to wit: A Shield: in top a right arm embowed holding in the hand a shoemaker’s hammer; on the right side a Slipper, and on the left a Congress Boot. In base, a landscape with Golden Hill and the rising sun; on the right side, two In¬ dian wigwams; on left, a block of modern factories; sep¬ arating the same, a glimpse of Merrimack River. Beneath the Arms, a wreath of Oak and Laurel, the Oak on the left, and Laurel on right side. Crest, a mural Coronet. In a scroll over the Crest the Indian name of Haverhill — Pentucket. CHAPTER III. ELECTIONS AND SALARIES. Section 1. The mode of electing city officers, not other¬ wise provided by statute or ordinance, shall be as follows : — CITY ORDINANCES. 23 , They shall first be elected by the Mayor and Aldermen, and then sent to the Common Council for concurrence or other- how elected, wise. And the appointing power shall have power of removal at pleasure, unless otherwise provided. Sect. 2. It shall be the duty of the Joint Standing Com¬ mittee on Finance, in the month of October, in each year, Salaries; how . . . estaousueu to report to the City Council the salaries and compensations of the principal City Officers for the municipal year next ensuing. Sect. 3. The salaries and compensations of such officers and altered, shall be established by joint resolution passed by the City Council in the month of November, for the municipal year commencing on the first Monday of the following January, and no salary thus established shall be subsequently altered during the year, unless by unanimous vote of all the mem¬ bers of the City Council, voting by yeas and nays, and the votes recorded. Sect. 4. When any salary or compensation shall not be re-established, as per section 3, it shall remain the same as last, established. O p Sjz CHAPTER IV. Seection 1. The Treasurer (who until otherwise or¬ dained shall also serve as Collector of Taxes and as City Clerk) shall be elected in January, and whenever a vacancy may occur. He shall be a citizen of Haverhill and an eminently compe- Treasurer’s qualifications tent person for the offices named, and shall be removable by an d bonds, the City Council whenever proved unfaithful or incompetent; and shall receive such compensation as the City Council shall establish. He shall give bonds to an amount and wjtli sure- 24 MUNICIPAL REGISTER. Treasurer’s books and re¬ ports. Safety of same, and of money. Payment and collection of dues. ties satisfactory to the Mayor and Aldermen for the faithful performance of all the duties of said offices, and that he will truly and justly account for and pay over all moneys and values belonging to the City that may come into his hands. Sect. 2. It shall be the duty of the Treasurer, under the direction of the Committee on Accounts, to keep a complete set of books, entering therein in a systematic manner all re¬ ceipts and expenditures, loans and other liabilities. Also under suitable headings, all appropriations made by the City Council, and charge to each the different expenditures and payments made from time to time therefrom. And he shall be prepared to lay before the City Council, whenever called upon, a correct statement of the financial condition of the city. Sect. 3. He shall cause all books, papers, vouchers and documents under his care, belonging to the city, to be de¬ posited and kept in the fire proof vault or safe belonging to said city, and shall deliver over to his successor all books, documents and property belonging to said office. Under the direction of the Committee of Accounts he shall open a Bank account in the city and deposit therein the money received, and draw the same from time to time as needed, by his check as City Treasurer. Sect. 4. He shall pay money from the Treasury only upon orders drawn by the Mayor as prescribed in ordinance, Chap. XI., Sect. 6. Sect. 5. He shall collect all rents and dues accruing to the city, and city accounts, and bills placed in his hands by the proper officers, without unnecessary delay ; and in cases of delayed settlements shall report the same to the Mayor and Aldermen. Disposal of Sect. 6 . He shall receive all bills and claims examined bills,money i aT3r)rove d by the Committee on Accounts, and draw up appropriations, the money orders for the signature of the Mayor, for e payment of the same — and see that such bills and claims are promptly paid when called for, adn shall charge each to the proper appropriation, as provided in Sect 2. OITT ORDINANCES. 25 k Whenever it shall appear that any appropriation is ex¬ hausted, he shall at once notify the Mayor, Committee of Ac¬ counts and City Council of the same, and no mere orders shall be drawn, or drafts paid against such appropriation until the City Council has made suitable provision therefor. Sect. 7. The Treasurer shall, under the direction of the city Notes, Mayor, negotiate all loans authorized by the City Council, c ™ t s. an and issue the notes or bonds of the city for the same, as pre¬ scribed in ordinance, Chap. XI., Sect. 8. And the City Treasurer’s receipt shall be deemed the only valid discharge of debts due the city, except in cases other¬ wise provided by ordinance. And he shall perform any further duties of his office that other duties, may be required of him by the Board of Mayor and Aldermen. Sect. 8. The Collector of Taxes shall receive the list of collection of taxes from the Board of Assessors when completed, and taxe8 ‘ open an account of the same, charging all abatements or discounts allowed, and collect the balance as prescribed by ordinance and by statutes, and pay the money over to the Treasurer in distinct charges. Sect. 9. The City Clerk shall receive all claims and city cierk shall accounts against the city, certified by the proper agent file bllls ’ and authorized to contract the same, carefully examine and recast them, and correct all clerical errors. He shall number the bills in consecutive order, and enter the numbers, with the name of claimant and amount of bill, in a book for that purpose, and present them, properly filed and labelled, to the Committee on Accounts, for examination, at their next meeting. He shall furnish to the heads of different departments, a suppiy infor- statement of the appropriations voted by the City Council for such department, as soon as practicable. ( 26 MUNICIPAL REGISTER. CHAPTER Y. Election and qualification of Auditor. Shall audit an¬ nual accounts, and make a report of same to the City Council. CITY AUDITOR. Section 1. The Auditor shall assume office in March, or April. Vacancy occurring by resignation, death or other¬ wise, shall be tilled by the City Council. He shall be a citizen of Haverhill and an efficient accountant and of sound judgment, and shall be sworn to the faithful discharge of his duties, by the Mayor. He shall receive such compensa¬ tion as the City Council shall establish, and be removable at their pleasure. Sect. 2. He shall carefully examine the accounts of the Treasurer and other officers of the city, for the financial year, closing in January following his appointment, and compare them with their respective bills and vouchers ; and for this purpose shall have access to all the books and vouchers in possession of the several officers, which he may deem necessary. Sect. 3. On or before February 1st, in each year, he shall make a written report in full to the City Council, of the receipts and expenditures of the last financial year afore¬ said, arranged in detail under proper headings, and classi¬ fied with the special appropriations made therefor, the whole arranged in a perspicuous manner ready for printing as a public document. He shall also include a schedule of all the city debts and liabilities, and an inventory of all its assets and public property, and shall accompany the fore¬ going with such remarks and suggestions as his examina¬ tion of the various accounts and bills renders advisable. CHAPTER YI. CITY SOLICITOR. Election and Section 1. There shall annually, in the month of Jan- quaiification of ^Rrv or February, and whenever a vacancy may occur, be Solicitor. * / z ft jr chosen by the concurrent vote of both branches of the City Council, a solicitor for the city of Haverhill, who shall be a resident citizen thereof, an able and discreet person, learned 27 in the law and a practitioner as attorney and counsellor at law in the Courts of the Commonwealth, and who shall not hold any other office under the city government during the period for which he is elected, and he shall be removed at the pleasure of the City Council. Sect. 2. It shall be the duty of the said City Solicitor to shaii draft an . .. legal instru- draft all bonds, deeds, obligations, contracts, leases, convey- ments, and ances, agreements and other legal instruments of whatso¬ ever nature, which may be required of him by an ordinance or order of the Mayor and Aldermen, or of the City Coun¬ cil, and which, by law, usage or agreement the city is to be at the expense of drawing. Sect. 3. It shall be the duty of the said City Solicitor to prosecute and . . _ defend all city commence and prosecute all actions and suits to be com- suits, and sup- inenced by the city before any tribunal in this Common-^ legal wealth, whether in law or equity; and also to appear in defence, and advocate the rights and interests of the city, or of any of the officers of the city, in any suit or prosecu¬ tion for any act or omission in the discharge of their duties, wherein any estate, rights, privileges, ordinances or acts of the city government, or any breach of any ordinance of the city may be brought in question, and he shall in all matters do all and every professional act incident to the office, which may be required of him by the city government, or by any joint or special committee thereof. And he shall, when required, furnish the Mayor and Aldermen, the Com¬ mon ‘Council, or any joint or special committee of either branch thereof, and any officer of the city government who may require it, in the discharge of his official duties, with his legal opinion on any subject touching the duties of their respective offices. Sect. 4. In full compensation for all the services of said Compensatioa. Solicitor, he shall receive such salary as the City Council 3 f / 28 municipal register. may from time to time fix and determine. In all cases, however, he shall he entitled to receive and retain for his own use the legal, taxable costs which may he received of the adverse party, when the city shall recover the same according to the usage and practice of courts. CHAPTER VII. CITY MAKSHAL. Bonds of Mar. Section 1. The City Marshal before entering upon the 8hal ‘ duties of his office, shall give bonds in the sum of Five Hundred dollars, with sufficient sureties, to he approved by the Mayor and Aldermen, for the faithful performance of the duties of said office. Shall command Sect. 2. The City Marshal shall have the general charge police force, and SU p erv i s ion of all the Constables, Assistant Marshal and v and enforce all 1 _ , ^ ordinances. Police Officers, and shall have the precedence and control ol the same, whenever engaged in the same service, and shall report forthwith to the Mayor and Aldermen any violation of duty on the part of either of said officers. It shall be his duty from time to time to pass through the streets, lanes, alleys, squares, and public grounds of the city, to observe all nuisances, obstructions and impediments therein, or on the sidewalks thereof, and cause the same to be removed according to law. He shall receive all complaints against any person or persons, for any breach of the laws, or of the ordinances of the city, and for that purpose shall attend daily, at a stated time at his office, to be designated by the Mayor and Aldermen. He shall report immediately, to the Superintendent of Highways, any defect he may discover in any of the streets, roads or bridges. He shall prosecute all offenders with promptness and effect, and use all lawful and proper means to secure convictions. It shall be his duty to enforce and carry into effect all laws and city ordinances, and to be vigilant to detect and punish any breach thereof. CITY ORDINANCES. 29 He shall obey and execute all orders of the Mayor and Aldermen, the City Council or of the Board of Health. Sect. 3. The said City Marshal may employ an assistant May have assist- .. , ., ants with cer- or assistants, not exceeding two, to be approved by tne tain duties. Mayor and Aldermen, and to be selected from the Con¬ stables of the city. And the said assistant or assistants shall have power and authority to assist the Marshal in the execution of his office, or in his absence to officiate in his stead. Said assistants shall receive such reasonable compen¬ sation for services rendered as the City Council may from time to time allow. The assistant or assistants shall, if the Mayor and Aldermen may require it, give bonds with suf¬ ficient sureties for the faithful performance of the duties of their office. Sect. 4. It shall also be his duty to attend all fires, by Attend fires, day and by night, and report himself to the Chief Engineer or the Assistant Chief, and exert himself to the utmost of his powers to keep good order, to remove all suspected per¬ sons, and to protect the property of the citizens from loss or damage. Sect. 5. It shall be the duty of the City Marshal, sub- and enforce aii . c , regulations of ject always to the direction, authority and control oi the the Board of Board of Health, to carry into execution all the ordinances Hedlth ' and rules made by the City Council, and all rules made by the Board of Health, relative to causes of sickness, nui¬ sances and sources of filth that may be injurious to health, or may affect the comfort of the city, existing within the limits thereof; to report all such nuisances, sources of filth, and causes of sickness to the Board of Health; and to cause all such nuisances, sources of filth and causes of sick¬ ness, to be removed, destroyed or prevented, when practi¬ cable, as the case may require, conformably to such ordi¬ nances and rules, and the laws of the Commonwealth. Sect. 6 . The City Marshal, when thereto ordered by the Board of Health, shall, at any time between sunrise and sunset, enter into any building or other place in the city, 30 municipal register. for the purpose of examining into, destroying, removing or preventing any nuisance, source of filth or cause of sick¬ ness. And in case such entrance is opposed, he shall make known such opposition to the Board of Health, in order that a warrant may he obtained to enforce the same as provided by law. Keep deecrip* Sect. 7. The City Marshal shall keep or cause to be arrclwand kept, at the Police Station, a complete descriptive list of each and every person arrested and brought to the station, by giving his or her name, nativity, age, height, color of hair and eyes, the amount of money he may have in his possession, his present residence, and the offence for which he is arrested, all of which shall be entered in a book to be furnished by the city, and the same shall be delivered by said Marshal to his successor in office, mate quarterly Sect. 8. He shall keep a correct record of the doings of reports, hig offic6) and gllall make a regu i ar report thereof to the City Council once in three months, and at such other times as they shall require, which report shall contain an exact account of all fees received by him or his assistants for ser¬ vices of process, either civil or criminal, and of all other fees which he or they may have received, or to which he or they may be entitled as executive officers, complainants, witnesses or otherwise. He shall lay before the Mayor and Aldermen a correct statement ot all prosecutions by him instituted in behalf of the city, or in which the city is in any way concerned, within one week after their final determina- Coiiectfines, tion respectively. The City Marshal shall receive, collect, and pay over to the Treasurer of the city, all fines and pen¬ alties incurred for a violation of its by-laws and ordinances. . ,. « E0T . 9 . The City Marshal may establish police rules and establish J ^ -1 policereguia- and regulations, subject to the approval oi the Mayor and. tions. & Aldermen. / DISTRICT SURVEYORS. 0 33 Sect. 5. There shall be annually appointed in January , Election of Dis¬ hy the City Council, as many District Surveyors as is tnct Surveyors ’ deemed necessary; to be nominated by the Committee on Highways, and hold office at pleasure of the City Council. Each Surveyor shall (under the general supervision and stall have advice of the Superintendent of Highways) have charge of ^ g a t r r f^ feach all the work necessary to be done in the district assigned him, and shall see that the same is properly and effectively performed; he shall see that the highways, streets, bridges, water-courses, etc., in his district, are maintained in suitable order, and the former properly broken out after every snow¬ storm, and made safe for travel. He shall strictly confine the outlays in his district to the and observe ap- special appropriation assigned thereto, and when further propiiatlons outlay seems needed, shall report the same to the Superin¬ tendent or to the Committee, and await their action before incurring any such further expenditure. He shall render monthly to the Superintendent, if required, and make re- an account of all expenditures incurred, as far as in his power, and an estimate of the outlays requisite for the month or months to come, and shall at all times be subject to the control of the Committee on Highways. ports. U V to rv: CHAPTER X. CITY MESSENGER. / 2— (/ u * Section 1 . There shall, in the month of January annu- Election of mm- ally, be elected by the Board of Aldermen, and sent down for its concurrence to the Common Council, a suitable person to be styled City Messenger, who shall receive, de- Shan serve no- liver and execute all notifications, summonses and precepts issued by the Mayor, the president of the Common Council senger. tifications, eto , If v 34 MUNICIPAL REGISTER. or either branch thereof, or by any committee of the same, and make due return thereof. and be Janitor Sect. 2. He shall prepare and arrange the rooms in which the City Council shall hold their sessions, and attend on both branches when in session, or on either when in ses¬ sion separately, and under the direction of the proper com¬ mittees or officers, provide fuel, lights and other things . necessary for the accommodation of both branches of the City Council, or any committee thereof, of city Haii and Sect. 3. He shall receive and deliver all notifications to officers elected by the City Council, by the Mayor and Aider- men, or at ward meetings, and shall deliver all notifications to committees, upon request of the City Clerk, the Clerk of the Common Council, or chairman of any committee. He shall have the superintendence of the City Hall and the ad¬ joining rooms, and see that they are kept in good condition. Sect. 4. He shall also prepare the rooms selected for Ward Rooms, „ ward meetings, and have the same put in good order alter said meetings are adjourned; and he shall at all times be subject to such further orders and regulations as the City Council may make. He shall receive for his services such compensation as the City Council shall allow. CHAPTER XI. ACCOUNTS AND FINANCES. Financial year. Section 1. The financial year shall begin on the first Monday in January, each year. COMMITTEE ON FINANCE. Finance Com- Sect. 2. The Committee on Finance shall, annually, in make^nmiai January, lay before the City Council an estimate of the estimates. am0U nt of money necessary to be raised for the current year, under the various heads of appropriations, and the ways and means of raising the same. The Committee shall also report salaries of officers as prescribed in Chap. 2d, Sect. 3d. CITY ORDINANCES. 35 All temporary loans in anticipation of taxes shall be first Authorize loans, authorized by the Committee, and entered upon their records before being negotiated by the Mayor and Treasurer. All long or permanent loans for City Debt or otherwise, shall first he sanctioned by the Committee, and then acted on by the City Council. Sect. 3. The Finance Committee shall ascertain if all Enforce collec¬ tions and ex¬ moneys due the city have been collected and accounted for, and shall examine all notes and securities belonging to the city, in the hands of any officers, and report from time to time to the City Council. amine securi¬ ties. COMMITTEE ON ACCOUNTS. Sect. 4. The Committee on Accounts shall meet monthly committee on Accounts shall or oftener, and carefully examine and audit all accounts and hold monthly claims against the city, laid before them by the Clerk, and meetin ^ 8 to ® . audit hills. certified as in the next section, and approve and pass the same to be paid, if found correct and justly due, specifying the appropriation against which each shall be drawn, and return them to the Treasurer with indorsement. The Chair¬ man shall also see that Sect. 2 is complied with before certify¬ ing any note or bond, per Sect. 8. Sect. 5. No account or claim against the city shall be No claim re¬ received or acted upon by the Committee on Accounts, unless certmed^ 88 certified to be correct by the Mayor, or some officer, agent or committee of the city, authorized to contract the expendi¬ ture. Sect. 6. No money shall be drawn from the city treasury No money paid except on the written order of the Mayor, addressed to the Mayors orders Treasurer, and specifying the amount of the same and the appropriation against which it is drawn, and the number of the bill or claim to be settled thereby. Sect. 7. The Mayor is hereby authorized to draw orders Mayor’s orders, on the treasury for the payment of accounts or claims against how drawn * the city allowed and certified as in the foregoing sections, 36 MUNICIPAL REGISTER. City notes and bonds, how cer¬ tified. City collection to be paid to Treasurer, wil schedules. Committee on Claims to con¬ sider disputed claims, and damages, etc. and for no others, except for matured notes or bonds, and interest thereon, issued as per Sect. 8. Provided that whenever it shall be necessary to pay money in advance on contract for work begun but not completed, the Mayor, upon being satisfied of such necessity, may, with the approval of the Committee on Accounts, draw his order on the treasury for sums not exceeding five hundred dollars at any one time. Sect. 8 . Negotiable notes of the city given in accord¬ ance with the provisions of Sect. 2 for temporary loans, shall be signed by the Mayor, countersigned by the Treasurer, and certified by the Chairman of the Committee on Accounts. And any other notes or bonds authorized by the City Coun¬ cil, shall be issued in the same manner, and no notes or bonds of the city shall be deemed valid unless issued as above. Sect. 9. All officers of the city, who shall in their official , capacity collect or receive any money in its behalf, shall pay the same to the Treasurer, monthly, or oftener if required, and annually present to the Auditor an account of the same. Any other persons having money belonging to the city, in their hands, shall pay the same forthwith to the Treasurer, and hand a minute of the same to the Committee on Ac¬ counts, or the Auditor. COMMITTEE ON CLAIMS. Sect. 10. The Committee on Claims shall sit monthly, or oftener, and shall take into consideration all disputed bills and accounts, and such as lack the prescribed formalities, referred to them by the Committee on Accounts, or by par¬ ties holding such claims, and report their decision upon them to the City Council at its next meeting, for its action. All claims upon the city for damages of any sort, or of any other character, whose reference to other committees is not pro¬ vided for, shall be referred to this Committee, and their de- cis on laid before the City Council for action. CITY ORDINANCES. 37 Sect. 11. Any deed of transfer of city property, author-Deeds; how J . . issued. ized by the City Council, shall be issued, signed and certi¬ fied, as provided in the case of Bonds, in Section 8. CHAPTER XII. ASSESSMENT AND COLLECTION OF TAXES. Section 1 . The Assessors shall meet as soon as practi- ^. e z 8 e sor8 or cable, after the annual election of Assessors by the City Council, and organize the Board by the choice of Chairman and Secretary. It shall be the duty of the Chairman to call all meetings ^ r i “ aTld of the Board and preside at the same ; and of the Secretary to keep a true record of the doings of the Board, and care¬ fully preserve all the books and records belonging to the same. He shall also prepare, in books provided by the city, the schedule of names, valuations, taxations, abatements, etc., as the same are completed in the Board, and render the perfected list to the Collector at the time specified in Sect. 2 d, Sect. 2. It shall be the duty of the Assessors, on the first ^ 8 t 8e ^ B “ e e " t day of May, in each year, or as soon thereafter as practicable, to make a list of the ratable polls, and complete a valuation and assessment list in the manner provided by the laws of the Commonwealth, and place the same in the hands of the Collector of Taxes, on or before the first day of August, in such year, alphabetically and conveniently arranged, with their warrant for the collection of the same annexed. Sect. 3. The Assessors shall have at least three Public sittings, giving previous notice thereof in the city papers, records, for the hearing of claims for abatement provided for by law. They shall keep an exact record of all abatements allowed, and reasons therefor, and furnish the Collector with a list of the names and amounts of the same. 38 MUNICIPAL REGISTER. Notification of Sect. 4. Immediately on receiving the list of taxes from taxes due and ^ Assessors, the Collector shall proceed to make out bills for the same, which bills shall be delivered personally to the parties assessed, by or before August 20th, in each year; or by leaving the same at such person’s place of business, or residence, if in the city. In cases of non-residents, a printed circular announcing the fact of a tax claim and date of due shall, when feasible, be mailed to the party, and in other cases where it is impossible or difficult to notify the parties, an advertisement of the fact of taxes being due published three times in one or more newspapers of the city, shall be considered a delivery. when and how All taxes for polls merely, shall be due and payable on payable. demand of the Collector. All property taxes shall be due and payable on the first day of September, in each year, and any tax not paid on that day, shall be charged with interest therefrom at the rate of 12 per cent, per annum, which interest shall be col¬ lectible with the tax bill, and be a part thereof. Provisions and For all taxes remaining unpaid on the first day of Octo- non^rient *>er, the Collector shall issue to the person or corporation owing the same, a summons for payment, and if said tax is not paid at the expiration of fourteen days after the service of said summons, with the interest aforesaid, and the further charge of twenty cents for such summons, then the Collector shall proceed to issue his warrant for the collection of the same in the way provided by the statutes of the Common¬ wealth for such cases, and collect the same peremptorily, charging all costs, fees and expenses to the party from whom such tax is due. CHAPTER XIII. DUTIES OF VARIOUS COMMITTEES. Committee on Section 1. The Committee on Highways, Streets and Streets estimate ag soon as appointed, shall take into consideratio CITY OEDIYMCES. 39 the probable necessities of the different; highway districts for for highway ap- 1 . . . jy propnations and the ensuing year, and make all due inquiries therefor, and report to the City Council as speedily as practicable, the appropriations requisite for the respective districts, and also for a Contingent Fund for Highways; all to be embraced under the head of " Appropriations for Highways.” The Committee shall recommend the Humber of District Surveyors to be annually employed by the City, and present nominations for the same to the City Council. The Committee shall have the general supervision of the shall oversee , . Superintendent Superintendent of Highways and his department, as pre- of greets and scribed 111 Chap. IX. of Highways. All projects for sewers, bridges, laying out of new streets or widening of old ones,.or any other labor in the depart¬ ment involving any considerable expense to the City, shall first be laid before them, and they shall* see that no works are commenced unwarranted by the appropriations, unless in case of special and pressing emergency, when they shall at once report to the City Council. The Committee shall also see that all the ordinances and rules of the City pertaining to the department are properly observed by the officers of the same. COMMITTEE ON SIDEWALKS AND SHADE TREES. Sect. 2. The Committee on Sidewalks and Shade trees Sidewalks, shall have special supervision of these subjects, shall care¬ fully observe the condition of the same, receive all petitions and suggestions regarding them, and recommend from time to time such action as is contemplated in the powers granted to the City Council by the charter and in the * Ordinances, and as in their judgment the necessities of the City require. committee on public property. Sect. 3. The Committee on Public Property shall have Public Build- the superintendence of city buildings and public property, g See Chapter XVI., Section 27. 40 MUNICIPAL REGISTER. Ordinances. <5 ^ 4 ° / £ > iff (S i ^ y i > «y MX~»' r 2- d Printing and stationery. Fuel and gas, etc. shall see that the officers appointed for the purpose take due care of the same and perform their respective duties, and make all recommendations concerning the same, to the City Council, from time to time, which they may consider neces¬ sary, and see that the action of the City Council is carried into effect. COMMITTEE ON ORDINANCES. Sect. 4. The Committee on Ordinances shall have the supervision of the City ordinances and regulations, drafting and reporting such as may he from time to time necessary, and shall have charge of the compilation of City Registers. They shall see that the ordinances and orders recommended are in accordance with Charter and Statute requirements, and in harmony with other rules and ordinances continuing in force. COMMITTEE ON PRINTING. Sect. 5. The Committee on Printing shall contract for the printing of all public documents and papers, shall have charge of all matters connected with the press of the city, and shall superintend the procuring of all blanks, circulars, blank books and stationery for the city and its officers, re¬ porting their action monthly to the City Council. In the case of printed reports of documents or papers in the differ¬ ent departments, they shall see that the same are submitted to the proper officers for examination or correction before finally issued from the press, and in all cases use all practi¬ cable effort to have all such publications carefully and cor¬ rectly performed. COMMITTEE ON FUEL AND SUPPLIES. Sect. 6. The Committee on Fuel and Supplies shall con¬ tract for Fuel, Gas, Water and other supplies, required for the city in its various buildings and departments where not otherwise provided for by ordinance or regulation, includ- CITY ORDINANCES. 41 ing lighting of the streets, the City Hall, and other city build¬ ings ; fuel for the public schools, the poor department and fire department, and all city build mgs, and report their action whenever required, to the City Council. COMMITTEE ON HEALTH. Sect. 7. The Committee on Health shall have charge of Health, the sanitary matters of the city, shall see that the ordinances of the City and the statutes regarding the same, are properly enforced by the Marshal and the City Physician, and shall from time to time recommend such action to the City Coun¬ cil as in their judgment, is demanded in their province. COMMITTEE ON MILITARY AND ARMORIES. Sect. 8. The Committee on Military and Armories shall Military, have in charge all matters connected with their department, and consider and advise action on subjects belonging thereto, as referred to them by the City Council, or either Board. COMMITTEE ON CONSTRUCTION AND FIRES. Sect. 9. The Committee on Construction and Fires shall Erection of see that the ordinances of the city, and the statutes regarding fires, and the construction of buildings, are properly enforced ; shall receive all petitions and questions relating to the same, and report to the City Council, recommending such action as they deem from time to time advisable. CHAPTER XIV. SUBORDINATE OFFICERS. Section 1. The City Council, by concurrent vote, shall Appointments J ' by City Coun* annually, in January, or when vacancies occur, appoint the C n. 42 MUNICIPAL REGISTER. following officers, removable at discretion, and with powers, duties and compensations as prescribed in the General Stat¬ utes, viz : — Surveyors of Lumber, Field Drivers, 3 Fence Viewers, • 1 Pound Keeper, 3 Truant Officers. Sect. 2. The several officers thus appointed, shall keep an account of the transactions officially performed by them, and file an annual report of the same with the City Treasurer, Keep records and make an¬ nual reports. on the first Monday of January, specifying the amount of fees collected in the preceding year, and by whom paid. Appointments Sect. 3. The Board of Mayor and Aldermen shall annu- NiayoTInd f ally, in January, or when vacancies occur, appoint the fol¬ lowing officers, removable at discretion of the Board, and with -and duties as prescribed in the General Statutes. To Measurers of Wood, Bark and Charcoal, A L Lf Weighers of Coal, 1 Weigher of Beef, 1 Measurer of Grain, 4 Superintendents of Hay Scales, 1 Sealer of Weights and Measures, Measurers of Leather, 1 Inspector of Milk, 1 Gauger, Fish Wardens. records Sect. 4. There shall be furnished by the City blank cer- and make an- and forms to the several officers above named, for the Riicii reports* tickets of measurement required by the Statutes ; and each officer shall annually, on the first Monday of January, file with the City Treasurer a report of all certificates issued and fees received by him the preceding year. Sect. 5. The fees for the performance of the duties con- (y ■/■ templated in the foregoing sections, where not specified by a A CITY ORDINANCES. 43 Statute, shall be fixed annually by the Board of Mayor and Aldermen, and except in the case of Superintendents of Hayr scales, and Fish Wardens, such fees shall go to the respect¬ ive officers, and be their compensations. When no schedule of fees is established in any year, by the Board, they shall con¬ tinue the same as last established. CHAPTER XV. COMMON CRIERS, AUCTIONEERS AND LICENSES. Section 1 . The Mayor and Aldermen may license as criers’licenses many persons, not exceeding five, for Common Criers, as W hen. they deem the public good may require ; but all such licenses shall terminate on the first day of February annually, and may be at any time revoked by the Board, at their discretion. Sect. 2. No person, not licensed as aforesaid, and no per- without license son whose license shall have been revoked as aforesaid, shall pumsbable ‘ presume to be a Common Crier, or to cry any sort of articles, lost or found, stolen goods, strays, or public sales in any of the streets or public places in the city, under a penalty of not less than one, nor more than twenty dollars for each of¬ fence. Sect. 3. Every Common Crier shall keep a list of all Keep records, matter and things by him cried, and the names of all persons by whom he is employed to cry the same, and shall exhibit said list to the Mayor and Aldermen whenever thereto re¬ quired by said Board. Sect. 4. No person shall publicly cry any indecent, pro- offensive cries forbidden. fane, or libellous matter in the city, under a penalty ot not less than one nor more than twenty dollars for each offence. Sect. 5. All licenses for Auctioneers, Billiard Saloons, other license/* i • n n terminate when, Hackney Coaches, or any other persons or business, allowed and how issued, by statute and not otherwise provided, shall in all cases ter¬ minate on the first day of February, annually, and all fees 44 municipal register. Hackney car¬ riages and carts to be registered and numbered. Regular fares established. Stands estab¬ lished. for the same shall rate accordingly. They shall be issued by the Board of Mayor and Aldermen, in forms and on terms prescribed by them, and be revocable at their discre¬ tion. Sect. 6 . Every hack, stage coach, omnibus, or other vehicle, on wheels or runners, used for the public conveyance of passengers for hire, shall require a license as a Hackney Carriage, and pay an annual fee to the treasury. Every wagon, cart, truck, sleigh, sled or other vehicle used for general conveyance of merchandise, wares, lumber, gravel and other commodity, shall require a license as a cart, and pay an annual fee to the treasury. Any person owning any hackney carriage or cart as defined above, who shall publicly drive or cause, or allow the same to be driven in the city without a license, after being notified by the City Marshal, shall pay a fine of twenty dollars. Sect. 7. Every licensed hackney carriage and cart shall be registered and numbered by the City Clerk, and shall have the number conspicuouly placed thereon; and every driver of a hackney carriage shall wear upon his hat or cap the number of the same, legibly exhibited. Sect. 8. Regular rates of fare for passengers shall be es¬ tablished for all hackney coaches, to be approved by the Board of Mayor and Aldermen, and a printed copy of such rates shall be posted conspicuously in every such carriage. Any owner or driver of such carriage, charging above such established rates, shall forfeit his license, and pay a fine for every offence^ not exceeding ten dollars. Sect. 9. The Mayor and Aldermen may establish stands in the city for hackney coaches, carts, teams for the sale of wood, bark, coal, etc., and when thus established, no such vehicle aforesaid shall remain for more than a temporary halt on any other location in the public ways, and shall at all times be subject to the direction of the City Marshal. CITY OEDINMCES. 45 CHAPTER XVI. STREETS, SIDEWALKS AND SEWERS. STREET REGULATIONS. Section 1. No person, except a Surveyor of Highways, No street dug or other person acting under the authority of the Legisla- ture, or of the City Council, shall break or dig up the ground or stones in any street or other way of the city, or erect any staging for building, or deposit any stones, bricks, timber, or other building materials thereon, without license first had and obtained from the Mayor and Aldermen who are authorized to grant the same on such conditions as they may deem safe and proper. Sect. 2. No person shall make, erect or maintain any No obstructions doorstep, porch, entrance or passage-way, to any cellar or basement, or any structure in or upon any street or other way of the city, without permission in writing from the Mayor and Aldermen, who shall judge of the propriety of Granting the same. O O Sect. 3. No person shall suffer his well, cistern or drain, Wells and to remain open or uncovered, in any street or other way of the city, without a sufficient curb-guard, or fence thereto. Sect. 4 . No person shall dig or sink any excavation of excavations t0 the earth, or suffer any excavation to exist on his own prem- t> e s uarded - ises, adjoining or near to any street or way, without a rail¬ ing or fence, after being notified in writing by the Mayor and Aldermen that such fence or railing is required for the safety of passers by. Sect. 5. No person shall move or assist in moving any No buildings building whatever through any street or way, unless by “° r ^. d 86 ^ out written permission of the Mayor and Aldermen, under such restrictions as they may see fit to prescribe; but no per¬ mission shall be given, nor shall any bnilding be moved to necessitate or cause the destruction, mutilation, or injury of any shade or ornamental tree, in or upon any street or high¬ way. 46 MUNICIPAL REGISTER. Obstruction of streets or sidewalks by animals, carts or boxes, etc. Sect. 6. No person shall continue any carriage or other vehicle of any description, with or without horses or other animals attached thereto, in any street or way, so as to ob¬ struct the same, after having been requested by any person having occasion to use said street or way, or after having been ordered by the Mayor or City Marshal, or any one au¬ thorized by the city to remove the same. Sect. 7. No person shall drive, draw, or pass any cart, barrow, sled, or other such object, on any sidewalk of this city, to the obstruction of any passenger, except children’s carriages drawn by hand; nor permit any horse or other draught animal, or any cow to pass thereon while under his care; or occupy, encumber, or obstruct any street by means of boxes, crates, casks, barrels or other things, or in any other way hinder or obstruct the convenient use of the streets and other ways by all passengers. Sect. 8. No person shall ride any horse, or drive any prohibited, and p orse or horses attached to any carriage or other vehicle, in any highway, street or public passage-way in the city, at a rate of speed exceeding eight miles per hour; and every person riding or driving a horse in any street or way, shall conduct the same with reasonable care and prudence, so as not to endanger the public safety. Sect. 9. No person shall fasten or tie any horse to, or suffer or permit any horse over which for the time being he has the charge, care or control, to stand or remain near to and within the reach of any ornamental or shade tree grow- Fast driving injury of trees. or upon any public street, way, walk, ground or mg m square in said city, unless such tree is protected by a suit¬ able and proper guard, in such a manner as to secure it against possible injury from such a horse. Loose animals. Sect. 10 . No horse shall be turned out loose, and no horse, swine, goat, or cow, or other cattle, shall be suffered to graze or go at large within the city: and any injury or damage to public grounds or private property by such ani¬ mals, shall be made good by the owner thereof. CITY ORDINANCES. 47 Sect. 11 . No person shall place or maintain any stable, Booths and fish- stall, booth, or other erection, in any public place for any sale or any exhibition ; nor between May 1st and October 1st each year keep any fish stand, wagon or cart for the sale of fish in any street or lane in the compact part of the city, without permission of the Mayor and Aldermen. Sect. 12 . No person shall establish or maintain any awn- Awnings, ing or shade before his or her place of business, or dwelling- house in this city, over any part of the street or sidewalk, unless the same be safely and securely supported, so as in no wise to incommode passengers, and so that the lowest part of such awning or shade shall be at least eight feet in height above the sidewalk or street; and said awning or shade, if built over a sidewalk, shall extend over the out¬ side edge thereof, unless permission to the contrary be granted by the Mayor and Aldermen. Sect. 13. No person shall put or place, or cause to be bffai; howdis- put or placed, in or upon any street, way, or other public pose ') } / V s' ft y r . / * Q £ 34> y 4 i JULJLJL / a "L A A 58 MUNICIPAL REGISTER. 2. 7.*l_ / FIRE f c if y Acts establish ingFire De¬ partment. Construction of buildings. - Election of Engineers. i o S > ' bl 7 Fire Depart¬ ment. Expenses limited. DEPARTMENT. _ 7 /n_ STATUTES. FROM CITY CHARTER. Section 30. An act entitled “ An Act to establish a Fire Department in the town of Haverhill,” passed the fifth day of March, in the year one thousand eight hundred and forty-one, shall continue in force; and all the power and authority now vested in the Selectmen of Haverhill, in relation to the Fire Department in that town, shall be transferred to, and invested in the Mayor and Aldermen. But the City Council shall have power to establish fire limits within the city, and from time to time change and enlarge the same; and by ordinance they shall regulate the construction of all buildings erected within said fire limits, stipulating their location, size, and the materials of which they shall be constructed, together with such other rules and regulations as shall tend to insure the same from damage by fire. Sect. 15. The City Council shall, annually, in the month of January, elect by joint ballot, in convention, a Chief Engineer of the fire depart¬ ment, and as many Assistant Engineers, not exceeding eight, as they may deem expedient, who shall hold their offices for the term of one year from the first Monday of February next ensuing, and until their successors are chosen and qualified. The compensation of the foregoing officers men¬ tioned in the last two sections shall be fixed by concurrent vote of the City Council. \ r/ ' flU • ACT OF MARCH 5, 1841. ; Sect. 1. A Fire Department is hereby established in the town of Haverhill, subject to, and to be governed by, the provisions of the act entitled “ An Act to regulate Fire Departments,” passed on the ninth day of April, in the year one thousand eight hundred and thirty-nine.. Sect 2. The sum to be expended in any one year under the direction of the Board of Engineers, for the purposes specified in the seventh sec¬ tion of said act, shall not exceed three hundred dollars, unless the town shall have authorized a larger appropriation. Sect. 3. This act shall take effect from and after its acceptance, as prescribed in the ninth section of said act. FIRE DEPARTMENT. 59 GENERAL STATUTES 1860. CHAPTER 24. Sect. 26. Provides the Engineers shall exercise the powers in relation to the extinguishment of fires, which Jirewards may by law have exercised. Sect. 3. When a fire breaks out in any place, the firewards shall im¬ mediately repair thereto, and shall carry a suitable staff or badge of their office. Sect. 4. The firewards, or any three of them, present at a place in immediate danger from a fire, and where no firewards are appointed, the selectmen or mayor and aldermen present, or in their absence two or moie of the civil officers present, or in their absence two or more of the chief military officers of the place present, may direct any house or building to be pulled down or demolished, when they judge the same to be necessary, in order to prevent the spreading of the fire. Sect. 5. If such pulling down or demolishing of a house or building is the means of stopping the fire, or if the fire stops before it comes to the same, the owner shall be entitled to recover a reasonable compensa¬ tion from the city or town; but when such building is that in which the fire first broke out, the owner shall receive no compensation. Sect. 6. Such firewards or other officers may, during the continuance of the fire, require assistance for extinguishing the same and removing furniture, goods or merchandise from a building on fire, or in danger there¬ of, and may appoint guards to secure the same. They may also require assistance for pulling down or demolishing any house or building, when they judge it necessary, and may suppress all tumults and disorders at such fire Sect. 7. They may direct the stations and operations of the engine- men, with their engines, and of all other persons for the purpose of ex¬ tinguishing the fire, and whoever refuses or neglects to obey such orders, shall forfeit for each offence a sum not exceeding ten dollars. Sect. 9. The Mayor and Aldermen, or selectmen of places provided with fire engines, may appoint suitable persons for enginemen, who shall continue in office during the pleasure of the authority appointing them. Sect. 17. If an engineman is negligent in his duties, the Mayor and Aldermen, or selectmen, shall discharge him, and appoint another in his place. Sect 28. The engineers, and all persons appointed by them, shall be subject to the same duties and natalities, and entitled to the same privile¬ ges and exemptions, as engineers appointed by the selectmen. Sect. 26. They shall immediately after such appointments, issue a notice to each of said engineers to meet at a time and place designated in the notice, at which meeting the engineers shall choose a chief engineer, a clerk, and such other officers as they may deem necessary for their com¬ plete organization. Duties and powers of fire¬ wards. Demolishing buildings, and compensations therefor. Assistance ren¬ dered. Direct engine- men. Enginemen ap¬ pointed and discharged. Liabilities of Engineers. To he notified of election. 60 MUNICIPAL REGISTER. To hare powers of firewards. Number of men limited. Fire companies and hose com¬ panies. Engineers’ duties. Expenditures. Make rules and regulations. Sect. 26. The engineers, in relation to the extinguishment of fires, shall exercise the powers which firewards may by law have and exercise; and in relation to the nomination and appointment of enginemen, shall exer¬ cise the powers and perform the duties of selectmen. They may appoint such number of men to the engines, hose, hook, ladder, and sail carriages, and to constitute fire companies for securing property endangered by fire as they may think expedient; but the number of men appointed shall not exceed to each suction fire engine, fifty: to each common engine, thirty- , five; to each hose carriage, five; to each hook and ladder and sail car¬ riage, twenty-five; and to each fire company, twenty-five. Sect. 27. The engine, hose, hook and ladder, and sail carriage men, and fire companies, may organize themselves into distinct companies, elect the necessary officers, and establish such rules, regulations, and by-laws, as may be approved by the Board of Engineers, and may annex penalties to the breach of the same, not exceeding ten dollars in any case; and the same may be recovered in an action of tort to the use of the company. Sect. 29. The Board of Engineers shall have the care and superintend¬ ence of the public engines, hose, firehooks, ladder carriages, and ladders, in their respective towns, together with the buildings, fixtures, and appendages belonging thereto; and all pumps, reservoirs for water, and apparatus, owned by the town, and used for extinguishing fires; and shall cause the same to be kept in repair, and when worn out to be replaced, and from time to time shall make such alterations therein and additions thereto, as they shall deem necessary; but such alterations, additions or repairs, shall not in any one year exceed the sum of one hundred dollars, unless the town has authorized a larger appropriation. Sect. 31. They may make and ordain rules and regulations not repug¬ nant to the constitution and laws of the State, for their own government and the conduct of citizens at fires, and annex penalties for the breach thereof, not exceeding twenty dollars for one offence, which may be recovered by the Chief Engineer in an action of tort, and appropriated by the engineers to the improvement of the fire appaiatus of the town; but such rules and regulations shall not be binding until approved by the inhabitants of the town at a meeting held for the purpose, and published as the town shall direct, *y 2. i' FIRE DEPARTMEMT. 61 ORDINANCE. CHAPTER XVni. Section 1. The Board of Engineers shall consist of one Board; how Chief Engineer and Assistant Engineers, elected as compose <■ 64 ... ,5 v-">)r' t-i 7 7 municipal pegistep. Repairs over one hundied dollars; how voted. Truants. \ L q-) nature shall be undertaken without the recommendation or approval of the Board : but all such matters shall be brought before the City Council for action. Any repairs or other out¬ lays, on buildings or grounds involving an expense of over one hundred dollars at any one time, shall be brought before the City Council for action, and the latter shall designate the committee to have charge of the work and expenditure if ordered, and such committee shall report to the City Council at stated intervals, or when so requested by two or more members. All other minor repairs and outlays within the limitations prescribed above, shall remain in charge of the Board, and be performed under rules established thereby. Sect. 4. The Truant Committee shall see that the Stat¬ utes relating to truants and neglected children are properly enforced; and the City Almshouse on the City Farm, shall continue to serve until otherwise ordered, as the place of ref¬ ormation, instruction, or confinement contemplated in the acts relating thereto, accepted by the town of Haverhill, May 14, 1866, which acts are hereby continued in force by the City Council for the City of Haverhill. ! o v & y * , i a >'«• it 0 i b- 1- / I I n 4 n 0 6 £ 0 'y (f C L _ /L Me f y 5 f 1 f v rUL fVj Q / / n p- POOR DEPARTMENT. j j l** s STATUTES. j fS G. S., 1860, CHAP. 70. Section 1. Every city and town shall relieve and support all poor and p 0 ormustbe indigent persons lawfully settled therein, whenever they stand in need supported, thereof. Sect. 2. The overseers of the poor shall have the care and oversight under care of of all such poor and indigent persons so long as they remain at the the Overseers of Poor. charge of their respective cities or towns, and shall see that they are suitably relieved, supported, and employed, either in the workhouse or almshouse, or in such other manner as the city or town directs, or other¬ wise at the discretion of said overseers. They may remove to the alms- Destitute house such children as are suffering destitution from extreme neglect of minors removed dissolute or intemperate parents or guardians. t0 almshou9e - Sect. 3. The overseers of the poor shall have the same power and au- powers of Over- thority over persons placed under their care, which directors or masters seers * of workhouses have over persons committed thereto. Sect. 4. The kindred of such poor persons, in the line or degree of Kindred respon- father or grandfather, mother or grandmother, children or grandchildren, si b le for expen- by consanguinity, living in this state and of sufficient ability, shall be 868 of P au P ers - bound to support such paupers, in proportion to their respective ability. Sect. 5. The superior court in the county where any one of such kin- Same; how dred to be charged resides, upon complaint of any city, town or kindred assessed and collected who shall have been at expense for the relief and support of such pauper, may, on due hearing, assess and apportion upon such of the kindred as they shall find to be of sufficient ability, and in proportion thereto, such proviso, sum as they shall deem reasonable for or towards thesupportof the pauper, to the time of such assessment; and may enforce payment thereof by ex¬ ecution in common form: provided, that such assessment shall not extend to any expense for relief afforded more than six months previous to the filing of the complaint. Sect. 6. The court may further assess and apportion upon said kindred other expense such weekly sum as they shall deem sufficient for the future support of the of said paupers, pauper, to be paid quarter-yearly until the further order of court: and upon application from time to time of the city, to n or kindred, to whom the same is ordered to be paid, the clerk of said court shall issue and may renew an execution for the arrears of any preceding quarter. 5 / •> 66 municipal register. Division of expenses of said paupers. Division of board of said paupers. Complaints; how conducted. Other kindred; how summoned Alterations by Court. Overseers shall provide for paupers of other places, and recover all expense of same. Bar of action. Limit of collec tion for foreign paupers. Paupers of other States, Sect. 7. When the court adjudges two or more of the kindred of a pauper, to be of sufficient ability to contribute to his support, they shall tax no more costs against any one respondent than is occasioned by his default or individual defence. Sect. 8. The court may further order with whom of such kindred that may desire it, such pauper shall live and be relieved, and such time with one, and such time with another, as they shall deem proper, having regard to the comfort of the pauper, as well as the convenience of the kindred. Sect. 9. The complaint made as provided in this chapter, shall be filed • in the clerk’s office, and a summons shall be thereupon issued requiring the kindred therein named to appear and answer thereto; which summons shall be directed to any officer qualified to serve civil process between the parties, and served like an original summons, fourteen days at least before the sitting of the court to which it is returnable. Sect. 10. Upon suggestion that there are other kindred of ability, not . summoned in the original process, they may be summoned, and after due notice, whether they appear or are defaulted, the court may proceed against them in the same manner as if they had been summoned upon the original complaint. Sect. 11. The court may take further order from time to time in the premises upon application of any party interested, and may alter such assessment and apportionment according to circumstances; and upon all such complaints they may award costs to either party as justice requires. Sect. 12. Said overseers, in their respective places, shall provide for the immediate comfort and relief of all persons residing or found therein, having lawful settlements in other places, when they shall fall into distress and stand in need of immediate relief, and until they are removed to the places of their lawful settlements: the expenses whereof, incurred within three months next before notice given to the place to be charged, as also of their removal, or burial in case of their decease, may be recovered by the place incurring the same against the place liable therefor, in an action at law, to be instituted within two years after the cause of action arises, ubt not otherwise. Sect. 13. A recovery in such action shall bar the place against which it shall be had from disputing the settlement of such pauper with the place so recovering, in any future action brought for his support. Sect. 14. When a person is supported in a place other than that in ’ which he has his settlement, the place liable for his support shall not be required to pay therefor more than at the rate of one dollar a week; pro¬ vided, that the place so liable shall cause the pauper to be removed within thirty days from the time of receiving legal notice that such support has been furnished. Sect. 15. The overseers of the poor of each place shall also relieve, support, and employ, all poor persons residing or found therein, having no lawful settlements within this state, until their removal to a state alms¬ house, and in case of their decease shall decently bury them; the expense POOR DEPARTMENT. 67 whereof may be recovered of their kindred, if they have any chargeable and expenses, by law for their support, in the manner herein before provided; and if in tow case of their burial the expense thereof is not paid by such kindred, there shall be paid from the treasury of the commonwealth, five dollars for the funeral expenses of each pauper over twelve years of age, and two dollars and fifty cents for the funeral expenses of each pauper under that age. Sect. 16. Every city and town shall be held to pay any expense neces- City’s liability sarily incurred for the relief of a pauper therein by any person who is not fo ^ a11 its re¬ liable by law for his support, after notice and request made to the overseers thereof, and until provision is made by Sect. 17. The overseers of any place may send a written notification, Notifications stating the facts relating to any person actually become chargeable thereto, ^g^ e p t ° uperg to one or more of the overseers of the place where his settlement is sup- Their removal, posed to be, and requesting them to remove him, which they may do by a written order directed to any person therein designated, who may execute the same. Sect. 18. If such removal is not effected by the last mentioned over- How removed, seers within two months after receiving the notice, they shall within said two months send to one or more of the overseers requesting such removal a written answer, signed by one or more of them, stating therein their objections to the removal: and if they fail so to do, the overseers who requested the removal may cause the pauper to be removed to the place of his supposed settlement, by a written order directed to any person therein designated, who may execute the same, and the overseers of the and received, place to which the pauper is so sent shall receive and provide for him; and such place shall be liable for the expenses of his support and removal, to be recovered in an action by the place incurring the same, and shall be barred from contesting the question of settlement with the plaintiffs in such action. Sect. 19. The notification and answer mentioned in the two preced- Notifications; ing sections may be sent by mail; and such notification or answer, directed to the overseers of the poor of the place intended to be notified or answered, postage prepaid, shall be deemed a sufficient notice or answer, and shall be considered as delivered to the overseers to whom it is directed, at the time when it is received in the post-office of the place to which it is directed and in which the overseers reside. Sect. 20. Whoever brings into and leaves any poor and indigent per- Penalty for m- son in any place in this state, wherein such pauper is not lawfully settled, t] [ oducin s for * eign pnupcrs, knowing him to be poor and indigent, and with intent to charge such place with his relief or support, shall forfeit a sum not exceeding one hundred dollars for each offence, to be recovered in an action of tort to the use of such place. Sect. 21. Upon the death of a pauper who at the time of his decease Estate of de- , . . , . , . , , ceased paupers, is actually chargeable to any place within this state, the overseers of the poor of such place may take possession of all his real and personal prop¬ erty ; and if administration is not taken upon his estate within thirty 68 MUNICIPAL REGISTER. Overseers to prosecute suits. Apprentices and their treatment. Lunatics. Records kept by Overseers, and returns made to Board of State Chari¬ ties. Penalty for neglect. days after his decease, the overseers may in their own names sell and convey so much thereof as may be necessary to repay the expenses in¬ curred for the pauper. If any part of such property is withheld from said overseers, they may in their own names sue for and recover possession of the real estate, and shall have the same remedy for the recovery of the personal estate or its value, that an administrator might have in like case. Sect. 22. In all actions and prosecutions founded on the preceding provisions of this chapter, the overseers of the poor of any place or any person by writing under their hands appointed shall appear, prosecute, or defend the same to final judgment and execution, in behalf of such place. G. S. 1860, CHAP. 111. Sect. 4. A minor child who is, or either of whose parents is, charge¬ able to a town as having a lawful settlement therein, or supported there at the expense of the state, may be bound as an apprentice or servant by the overseers of the poor. Sect. 9. Parents, guardians, selectmen and overseers, shall inquire into the treatment of all children bound by them respectively, or with their approbation, and of all bound by or with the approbation of the predecessors in office of any of them, and defend tb em from all cruelty, neglect and breach of contract, on the part of masters. G. S. 1864, CHAP. 288. Sect. 6. It shall be the duty of the overseers of the poor of any city or town except the city of Boston, to commit to one of the state lunatic hos¬ pitals, or the Boston lunatic hospital, with the consent of the trustees thereof, any person supported by such city or town who is suffering from recent insanity, and is a fit subject for remedial treatment. G. S. 1867, CHAP. 209. Sect. 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 settlemefit, place and cost of support, sanity and temperance of the persons supported and relieved by cities and towns, and such other particulars concerning them as may be required by the board of state charities, shall be made by the overseers of the poor to the secretary of said board on or before the twentieth day of October in each year, and shall relate to the year ending on the thirtieth day of September preceding. 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 POOR DEPARTMENT. 69 in reimbursement for relief of state paupers as provided in chapters one hundred and sixty-two of the acts of the year eighteen hundred and sixty- five, and two hundred and thirty-four of the acts of the year eighteen hun¬ dred and sixty-six; and in case no such reimbursement shall be due to said town or city, the forfeiture shall be deducted from any money which may be due such town or city from the state. G. S. 1868, CHAP. 279. Sect. 1. It shall be unlawful for the overseers of the poor, of any city Minors not to or town, to remove beyond the limits of this commonwealth, any minor be removed from State by under their control, or cause or allow the same to be done, or to withhold overseers of information concerning the maintenance of such minor, from any person Poor, entitled to receive the same : provided , that the judges of probate, may, Proviso, upon application of the overseers of the poor of any town in their respec¬ tive counties, upon a hearing thereon, after due notice to all parties inter¬ ested, authorize such removal to be made; and provided , further , that this act shall not apply to minors who have a settlement in other states. Sect. 2. Any overseers of the poor violating the provisions of the Penalty, preceding section shall be punished by a fine not exceeding five hundred dollars. CHAPTER XX. Section 1 . The Board of Overseers of Poor, at or- 0verseers of ganization shall choose one of their number as Clerk of the ganized. Board, who shall, in books provided by the city, keep an accurate record of the transactions of the Board with the Duties of Clerk expenditures authorized thereby, and shall open accounts with the different corporations and persons chargeable with expense incurred by the department, and all the necessary accounts, and keep the same with care and exactness, ex¬ hibiting a statement thereof whenever required by the Board of Aldermen or by the City Council. He shall annually make up the returns and statistics required by law to be ren¬ dered to the Secretary of the Commonwealth, and shall also perform any further clerical duties required by the Board of Overseers. Sect. 2. The Board shall hold regular meetings for busi- Meetings, ness (a majority constituting a quorum) at least once each month, at City Hall, on such days and hours as they may A j V vj i^y 70 O CV ^MUNICIPAL REGISTER. , j 'v. Annual esti¬ mates for department. Shall conform expenditures to appropriations. Extraordinary expenditures to have sanction of City Council. Records kept of applications for aid. Annual report. Books subject to inspection. designate; notice of which shall be publicly given in one or more city papers. Special meetings may be held at call of the Mayor or two members of the Board. Sect. 3. Annually in December the Board shall make a careful estimate for expenditures in the department the fol¬ lowing year, and present it with their other papers to the new Board organized in January. The new Board shall, as early as possible in January, revise the same, and present it to the Committee on Finance. Sect. 4. After the appropriations are established by the City Council, the Board shall strictly conform the expendi¬ tures of the department to the sum assigned thereto, nor in any case exceed such sum without the sanction of the City Council previously obtained. Any alterations or repairs of buildings in the department, requiring an outlay of over one hundred dollars at any one time, or any project for new buildings, shall, after receiving the approval of the Board, be laid before the City Council for action; and if ordered, the latter shall designate the Committee to have charge of the work and expenditure, such Committee reporting their doings to the City Council at stated intervals, or when so requested by two or more members. Sect. 5. The Board shall, in books provided by the City, cause entries to be kept of aid furnished to, or application made by, needy persons, and the circumstances under which relief was supplied; also all further information regarding each individual case which it may be for the interest of the city to have preserved; the same to be kept in a methodical and orderly manner, convenient for reference. The Board shall annually in January present to the City Council, a full report of the transactions of the department for the last financial year, with such comments and suggestions as deemed expedient. All books and accounts, or other papers pertain¬ ing to the department, shall at all times be subject to the in¬ spection of the Mayor and Aldermen, or any committee appointed for the purpose by the City Council. POOR DEPARTMENT. 71 CHAPTER XXI. The several Ordinances classified under headings of Chap- ordinances ter I. to Chapter XXI. inclusive, shall take effect and become when operatlve * operative as legal enactments, from and after the first day of Mav, one thousand eight hundred and seventy ; and all by- Haverhiiiby- laws of the Town of Haverhill heretofore operative, shall from and after said first day of May be hereby repealed and abolished. In Common Council, April 13, 1870. Passed to be Or¬ dained. MOSES HOW, President. In Board Ordained. A true copy. of Aldermen, April 23, 1870. Passed to be W. R. WHITTIER, Mayor . Attest D. B. TENNEY, City Clerk. CHAPTER XXII. Section 1. The compact part of the city when not other¬ wise explained, shall be construed to extend as far on each street as the public lamp-posts, and shall include all the dis¬ trict within the bounds defined by such lamp-posts. CHAPTER XXIII. Sections 1 to 5 inclusive of Chapter 87, and sections 33 to 40 inclusive of Chapter 88 of the General Statutes of Mas¬ sachusetts, and also Chapter 74 of the Acts of 1862, be and hereby are accepted for the City of Haverhill. This ordi¬ nance to take effect from and after its passage. MUNICIPAL REGISTER. The following are the Statutes referred to in the foregoing Chapter XXIII: — G. S. I860. CHAP. 87. Burntbrdan- Section 1. In any city or town which has adopted chapter four hun- gerous build- dred and sixty-nine of the statutes of eighteen hundred and fifty-five, or ings adjudged ghall adopt this an d the four following sections, at a legal meeting how disposed of the city council or inhabitants of the town, if the mayor and aldermen of. or selectmen, after due notice in writing to the owner of any burnt, 1855,469, §§i,6. ddap i da ted, or dangerous building, and a hearing of the matter, adjudge the same to be a nuisance to the neighborhood, or dangerous, they may make and record an order prescribing such disposition, alteration, or regulation thereof as they deem necessary; and thereupon the city or town clerk shall deliver a copy of the order to a constable, who shall forthwith serve an attested copy thereof upon such owner, and make return of his doings thereon to said clerk. Owner ag- Sect. 2. Any owner aggrieved by such order may within three days of grieved may ap- the service thereof upon him apply for a jury to the superior court, if 18 ^ 469 ^ 3 . sitting in the county, or to any justice thereof in vacation. The court 1859 ,196. or justice shall issue a warrant for a jury, to be empanelled by the sheriff within fourteen days from the date of the warrant, in the manner provided in chapter forty-three relating to highways. Verdict of jury, Sect. 3. The jury may affirm, annul, or alter, such order; and the sheriff shall return the verdict to the next term of the court for accept¬ ance, and, being accepted, it shall take effect as an original order. Sect. 4. If the order is affirmed, costs shall be taxed against the appli¬ cant; if it is annulled, the applicant shall recover damages and costs against the city or town; if it is altered in part, the court may render such judgment as to costs as justice shall require. Sect. 5. The mayor and aldermen or selectmen of any city or town shall have the same power and authority to abate and remove any such nuisance, as are given to the board of health in sections eight, nine, and ten, of chapter twenty-six. &c. 1855, 496, § 4. Costs. 1855, 469, § 5. Nuisance may be abated, &c. 1849, 211. 1855, 469, § 2. IBID. CHAP. 88. Steam-engines Sect. 33. No furnace for melting iron or making glass, and no station- and furnaces ar y steam engine designed for use in any mill for planing or sawing boards not to be used or turning wood> or in which any other fuel than coal is used to create witbou a t licence, steam, Shan be erected or put up to be used in any city or town by which 1845,197, §§ 1 , 10 . t h e provisions relating thereto of chapter one hundred ninety-seven of 1846, 96, §§ l, 3. statutes of eighteen hundred and forty-five, or chapter ninety-six of the statutes of eighteen hundred and forty-six respectively have been adopted, or by which this and the seven following sections shall have STATUTES. 73 O h L)\ C/ 1 been adopted, at a legal meeting of the city council of the city or the inhabitants of the town called for that purpose, unless the mayor and aldermen or selectmen thereof have granted a license therefor, prescribing the place where the building in which such steam-engine or furnace is to be used shall be erected, the materials and construction thereof, with such regulations as to the height of flues and protection against fire as they deem necessary for the safety of the neighborhood. Such licenses may be granted on a written application, and shall be recorded in the records of the city or town. Sect. 34. Upon application for such license, the mayor and aldermen Public notice'of or selectmen shall assign a time and place for the consideration of the applications for same, and cause at least fourteen days’ public notice thereof to be give n ^ c ' ° 1845, 197, § 5. at the expense of the applicant, in such manner as they # may direct, in order that all persons interested may be heard thereon. Sect. 35. In any city or town by which chapter one hundred and Municipal offi- ninety-seven of the statutes of eighteen hundred and forty-five has been cers ma y re s u * L V £ 2 - late furnaces, steam-engines, adopted, or by which sections thirty-three to forty inclusive shall have been adopted at a legal meeting of the city council of the city or inhabitants &c. of the town called for that purpose, the mayor and aldermen or selectmen, 1845 ’ 197 ’ §§ 2_ after due notice in writing to the owner of such steam-engine or furnace, 10 * except for making glass, erected or in use therein before the time of such adoption, and a hearing of the matter, may adjudge the same to be dangerous or a nuisance to the neighborhood, and make and record an order prescribing such rules, restrictions, and alterations, as to the building in which the same is constructed or used, the construction and height of its smoke flues, with such other regulations as they deem necessary for the safety of the neighborhood; and the city or town clerk shall deliver a copy of such order to a constable, who shall serve on the owner an attested copy thereof and make return of his doings thereon to said clerk within three days from the delivery thereof to him. Sect. 36. The owner of sf steam-engine or furnace who is agrieved by Appeal and pro- such order, may apply to the superior court, or a justice thereof in vaca- ceedings there- tion, for a jury; and the court or justice shall issue a warrant for a iurv . J J 1845, 197, § 6. to be empanelled by the sheriff in like manner as is provided in chapter 1859 , 196 . forty-three in regard to the laying out of highways. Such application shall be made within three days after the order is served upon the owner, and the jury shall be empanelled within fourteen days from the issuing of the warrant. Sect. 37. The court or justice, on granting the application for a jury, Court may re¬ may issue an injunction restraining the further use of such engine or fur- 8train U8e while nace until the final determination of the application. appeai is pend- Sect. 38. The jury may find a verdict either affirming or annulling the 1845,197, § 7. order in full, or making alterations therein; which verdict shall be Verdict of jury 6 may affirm, &c. y \ ^ n i [ i order. Accept ance of verdict 1345,197, § 8. Recovery of costs. 1845, 197, § 9. Engines, &c., when common nuisance, &c. R. S. 21, §§ 10, 11 . 1845,197, §§ 3,10. 1846, 96, §§ 2, 3. 1849, 211, §§ 3, 4, 5, 8. Stationary en¬ gines not to be put up or used within 500 feet of certain build¬ ings without license. G. S- 88, §§ 33- 45. If erected with¬ out license, may be abated. G. S. 88, § 40. MUNICIPAL EEGISTEK. returned by the sheriff to the next term of the court for acceptance as in the case of highways, and when accepted shall take effect as an original order. Sect. 39. If the order is affirmed, costs shall be recovered by the city or town against the applicant; if it is annulled, damages and costs shall be recovered by the complainant against the city or town; and if it is ft altered, the court may render such judgment as to costs, as to justice shall appertain. Sect. 40. Any steam-engine or furnace erected or used contrary to the provisions of the seven preceding sections, shall be deemed a common nuisance. And the mayor and aldermen or selectmen shall have like authority to remove the same as is given to boards of health to remove nuisances by sections eight, nine, and ten, of chapter twenty-six. 1862. CHAP. 74. Section 1. No stationary engine, propelled by steam or other motive- power, shall be hereafter erected or put up for use in any city or town; within five hundred feet of any dwelling-house or public building, unless a license therefor shall have been first granted in the manner provided in chapter eighty-eight of the General Statutes, in respect to licenses of steam-engines, furnaces, and boilers; and such license shall be applied for, granted, and recorded in manner as therein provided. Sect. 2. Any stationary engine hereafter erected without such license shall be deemed a common nuisance, and the mayor and aldermen, or selectmen, shall have like authority to remove the same as is given to them by section forty of said chapter.' Sect. 3. This act shall not be in force in any city or town until it has been adopted at a legal meeting of the city council of the city, or of the inhabitants of the town called for that purpose. zyd TA. v ;tion 27,” read ts follows: — Section 26/ Page 39 —In foot-note, for “ Page 41 —After Sect. 9, rea^ Sect 10. The Committee on Public Instruction shall, in conjunction with the “ Committee on School Boundaries and Houses ” of the General School Committee, consider all propositions for the erection of school buildings, or purchase of land therefor, changes in location of schools, and the disposal of vacated school-houses. All matters thus considered and decided upon, shall be submitted to the Board of General School Com¬ mittee for approval; and when approved, the secretary of said Board shall issue a certificate thereof to the Chairman of this Committee, and the subject matter shall be reported to the City Council for action. Any other matters, having connection with schools, that may originate in the City Council, shall be also referred to this Committee. Page 53 — In Sect. 4 omit the following words of the second, third, fourth, fifth, and sixth lines, viz.: “ Shall be so constructed that the inside of the same shall be at least three feet distant from the line of every adjoining lot, unless the owner of such lot shall consent or agree otherwise; and also three feet from every street, lane, passage-way or public place; and every such vault or privy.”