Boston (Mass.).

Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .. (Volume 1890) online

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BOSTON PUBLIC LIBRARY



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BOSTON
PUBLIC
LIBRARY




MUNICIPAL REGISTER.



1890.






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Ibq^tonia^

CONX>lTA.A.U ^)

^ 1650 / ?



FORMER SEAL OF THE CITY.



Digitized by the Internet Archive

in 2010 with funding from

Boston Public Library



http://www.archive.org/details/municipalregiste1890bost





■^



MUNICIPAL REGISTER:



CONTAINING



THE CITY CHARTER,



RULES OF THE CITY COUNCIL,



REGISTER OF THE CITY GOVERNMENT FROM 1822 TO 1890,



LIST OF OEFICERS OF THE CITY OF BOSTON



COUNTY OF SUFFOLK



FOR THE YEAR 1890



BEING THE SIXTY-NINTH ISSUE OP THE ENTIEB SERIES.




BOSTON:
ROCKWELL AND CHURCHILL, CITY PRINTERS.

18 9 0.



The Rules and Orders of the Common Council, issued regularly
from 1822 to 1,840, contain the annual register of the City Council and
the City officers. The volume of 1822 comprises fifteen pages. In 1829
it was ordered that the City charter be inserted. In 1830 the charter,
the acts relating to Boston, and the ordinances occupied pp. 11-39 of
the Rules. In 1832 an index was added. The Rules of 1840 contain
eighty-five pages, and three pages of index, being similar to the Muni-
cipal Register, so called, which was first issued in 1841, as a docu-
ment of 104 pages. Its contents are : Rules and orders of the Common
Council ; joint rules ; ordinances of the City ; statutes of the Common-
wealth relating to the City ; City government of 1841, with committees ;
departments (comprising at that time the treasury ; law ; police ; health ;
public land and buildings, lamps and bridges; fire; public charitable
institutions) ; public schools ; and a list of the ward officers. From
that date to the present time the Municipal Register has been pub-
lished annually. In 1843 a list of members of preceding City govern-
ments was added, with a necrological record. As late as 1863 it was
also customary to publish in this volume the latest ordinances and
recent special statutes relating to the City of Boston. In 1851 a list
of the annual orators was added; a map of the City in 1853. The rules
of the Board of Aldermen were not inserted until 1853. In 1876 statistics
of i*egistration and voting made their appearance, and since 1879 these
have been given in tabulated form. In 1883 the custom of publishing
portraits of the Mayor and presiding officers of the two branches of the
City Council was established. The list of past city governments of Rox-
bury and Charlestown was added in 1888. Corrections of the Municipal
Register may be addressed to the City Clerk.



The establishment of the Town of Boston dates
from the passage of the order of the Court of
Assistants on September 17 (7, O. S.), 1630,
"that Trimontaine shalbe called Boston." The
Town of Boston was always without a charter.
The first City government was organized on
May 1, 1822 (St. 1821, c. 110; accepted on March
4, 1822) . Roxbury was first recognized as a Town
by the Court of Assistants on October 8, 1630;
it was incorporated as a City on March 12, 1846
(St. 1846, c. 95; accepted on March 25, 1846),
and annexed to Boston on January 6, 1868 (St.
1867, c. 359; accepted on September 9, 1867).
Dorchester was named by the Court of Assistants
in the same order in which Boston was named;
and it retained its Town organization until an-
nexed to Boston on January 3, 1870 (St. 1869,
c. 349; accepted on June 22, 1869). Charles-
town was founded on July 4, 1629; incorporated
as a City in 1847 (St. 1847, c. 29; accepted on
March 10, 1847) ; annexed to Boston on January
5, 1874 (St. 1873, c. 286; accepted on October 7,
1873). West Roxbury was incorporated as a
Town on March 24, 1851 (St. 1851, c. 250); an-
nexed to Boston on January 5, 1874 (St. 1873, c.
314; accepted on October 7, 1873). Brighton
was incorporated as a Town on February 24,
1807 (St. 1806, c. 65); annexed to Boston on
January 5, 1874 (St. 1873, c. 303; accepted on
October 7, 1873). These are the principal
annexations.



THE

CITY OF BOSTON,

ITS POWERS AND DUTIES.

[AS GIVEN AND IMPOSED BY THE CITY CHARTER, APRIL
29, 1854, AND BY SPECIAL LAWS SINCE PASSED.]



It has been the aim of the compiler to put in the form of an Act the
powers now held by, and the duties imposed on, the city, and with this
aim in view he has made his own arrangement of the sections now in
force of the charter and the laws since passed. He believes that the
following sections show the law as it now is, although not in the precise
words in which it has been passed. The references in the margin are to
the authority for the law as stated in the sections to which they apply.



Be it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of
the same, as follows : —

CORPORATORS.

Section 1. The inhabitants of the city of Boston, corporate

powers.

for all the purposes for which towns and cities are by i Pick., 87».
law incorporated in this commonwealth, shall continue 1854j c ' -448 "
to be one body politic, in fact and in name, under the §1-
style and denomination of The City of Boston ; and as
such shall have, exercise, and enjoy all the rights,
immunities, powers, and privileges, and shall be sub-
ject to all the duties and obligations now incumbent
upon, and appertaining to, said city, as a municipal
corporation.

GENERAL MEETINGS.

Sect. 2. General meetings of the citizens qualified General

meetings of

to vote in city affairs shall from time to time, upon the the citizens.
request of twenty-five qualified voters of each ward of
said city, be held, to consult upon the common good, to



8 MUNICIPAL REGISTER.

give instructions to their representatives, and to take all
lawful measures to obtain a redress of any grievances,
according to the right secured to the people by the con-
stitution of this commonwealth.

ANNUAL MEETING.

Annual Sect. 3. The annual meeting of citizens, for the elec-

tnTe'iection tion of municipal officers hereinafter mentioned, shall be
of city beld on the Tuesday next following the second Monday

officers.

1854, c. 448, of December, and the citizens of said city, qualified to

§ 4-

vote for the officers to be elected, shall, for the purpose

of such election, then meet together within the voting

i88i, c. 299, precincts in which they respectively are entitled to vote,

$ 19

1890, c. 4oi, and give in their ballots for such officers; and the per-
§1 " son receiving the highest number of votes for any office

shall be deemed and declared to be elected to such
office ; and, whenever two or more persons are to be
elected to the same office, the several persons, to the
number required to be chosen, having the highest num-
ber of votes, shall be declared elected.

ADMINISTRATION OF AFFAIRS.

cny govern- Sect. 4. The administration of all the fiscal, pru-

]854,'c.448, dential, and municipal concerns of said city, with the

conduct and government thereof, shall be vested in one

principal officer, to be styled the mayor, one council of

twelve persons, to be called the board of aldermen, and

one council of seventy-three persons, to be called the

common council, which boards, in their joint capacity,

shall be denominated the city council ; and also in such

other boards of officers as are hereinafter specified.

Removal of Sect. 5. All municipal officers elected by the voters

otrfce'rs^^ shall enter upon their duties on the first Monday

from their January, and shall continue to discharge the duties of



CITY CHARTER.



the offices to which they have been respectively elected, wards.

. t P.S.27,§89.

notwithstanding their removal after their election out of p.s.28, §2.
their respective wards into any other wards of the city ; §§ J 6) ' 2 6.
but not after they take up their permanent residence out
of the city.



ELECTION OF MAYOR.

Sect. 6. The qualified voters of said city shall, EIecti0D of

1 ^ mayor.

at the annual meeting, give in their votes in their p-s. 47, §25.

,. ,. 1854, c. 448,

respective precincts for one able and discreet person, §15.
being an inhabitant of the city, to be mayor of said city
for the term of one year. AH the ballots so given in, in
each precinct, being sorted, counted, and declared, shall
be recorded at large by the clerk, in open precinct meet-
ing ; and, in making such declaration and record, the
whole number of votes or ballots given in shall be dis-
tinctly stated, together with the name of every person
voted for, and the number of votes given for each person
respectively ; such numbers to be expressed in words
at length, and a transcript of such record, certified
and authenticated by the warden, clerk, and a major-
ity of the inspectors of elections for each precinct, shall
forthwith be transmitted or delivered by such precinct
clerk to the clerk of the city. It shall be the duty of
the city clerk forthwith to enter such returns, or a
plain and intelligible abstract of them, as they are
successively received, upon the journal of the proceed-
ings of the board of aldermen, or some other book to be
kept for that purpose.

Sect. 7. The board of aldermen shall, as soon as Board of

1 n f 11 Aldermen

conveniently and lawfully may be, after such elec- to examine

tion, meet together and examine all the said returns, ^™ f s ° f

and cause the person who may have been elected mayor.

* J ... 1854 ' c - 448 >

mayor to be notified by the city clerk in writing, of his §§16,17,18.



in case no
mayor or
alderman is
elected



10 MUNICIPAL REGISTER.

1883, c. 42. election ; but if it shall appear by said returns that no
188M.164. person has been elected, or if the person elected shall
§§29,32,51. re f ug , e f. Q acce pt the office, the board, or, if it is the new

board and a quorum has not been elected, the members
who have been elected, shall order a new election, and
the same proceedings shall be had as are provided in the
preceding section for the choice of a mayor. The course
herein prescribed shall be repeated, from time to time,
until a mayor shall be chosen.

Proceedings Sect. 8. In case neither a mayor nor any alder-
man has been elected, and the former board of aldermen
have no longer power to act, the president of the com-

1884,250. mon council shall order an election for mayor in the

1854, c. 448,

§18. same manner as the board of aldermen would have

done, if elected, and the same proceedings shall be
had and repeated until a mayor or one or more aldermen
shall be elected.

ELECTION OF ALDERMEN.

Aidermanic Section 9. There shall continue to be twelve alder-
districts.

1884, c. 250, manic districts of the city of Boston, and wards one and

'* 1 ' two shall constitute one district, to be known as the first

aidermanic district ; wards three, four, and five shall
constitute one district, to be known as the second aider-
manic district; wards six, seven, and eight shall consti-
tute one district, to be known as the third aidermanic
district ; wards nine and ten shall constitute one district,
to be known as the fourth aidermanic district ; wards
eleven and sixteen shall constitute one district, to be
known as the fifth aidermanic district ; wards twelve
and thirteen shall constitute one district, to be known as
the sixth aidermanic district ; wards fourteen and fifteen
shall constitute one district, to be known as the seventh
aidermanic district ; wards seventeen and eighteen



CITY CHARTER. 11

shall constitute one district, to be known as the
eighth aldermanic district ; wards nineteen and twenty-
two shall constitute one district, to be known as
the ninth aldermanic district ; wards twenty and
twenty-one shall constitute one district, to be known as
the tenth aldermanic district ; wards twenty-three and
twenty- five shall constitute one district, to be known as
the eleventh aldermanic district ; and ward twenty-four
shall constitute one district, to be known as the twelfth
aldermanic district.

Sect. 10. The qualified voters of each of the alder- Election of
manic districts shall, at the annual election, give in their 18 84, 250/
votes in their respective precincts for one able and dis- §3 '
creet person, being a legal voter and an inhabitant of the
district, to be a member of the board of aldermen for
the ensuing year, and all the votes so given in, shall be
sorted, counted, declared, and recorded, a declaration of
the result thereof made, and a transcript of such record,
certified and transmitted, and the same proceedings had
thereon to ascertain and determine the persons chosen as
aldermen, as are hereinbefore directed in regard to the
choice of mayor.

Sect. 11. In case one or more members of the board Proceedings

of aldermen have not been elected, the members who have r only pan

been elected, whether constituting a quorum or otherwise, is^^o'

shall order a new election for the number of aldermen not 18S0, c - 255 -

Si-
elected at such time and place as they may deem advisable ; iss4, c. 44s,

and in case no member of the board of aldermen has been

elected, the president of the common council shall order a

new election for members of the board of aldermen at such

time and place as he shall deem advisable, and the same

proceedings shall be had as are provided in the preceding

section. The course herein prescribed shall be repeated

from time to time until a full board of aldermen shall be

elected.



12 MUNICIPAL REGISTER.

vacancies. Sect. 12. Whenever there is a vacancy in said board

1880, c. 25. . .

by removal from the city, death, resignation or other-
wise, the members of said board who shall continue in
office shall order an election to fill such vacancy at such
time and place as they may deem advisable.

ELECTION OF MEMBERS OF COMMON COUNCIL.

Election of Sect. 13. There shall continue to be twenty-five

common

counciimen. wards of the city of Boston as at present constituted,

1875 243.

i87e! 225^ and the qualified voters of each ward shall, at the
iss6 23^ annual election, give in their votes in their respective
1854, c 448, precincts for three able and discreet men, qualified
voters and inhabitants in said ward, to be members of
the common council for the ensuing year ; and all the
ballots so given, shall be sorted, counted, declared, and
recorded ; and transcripts of such records shall be cer-
tified and transmitted, and the same proceedings shall be
had thereon to ascertain and determine the persons chosen
as members of the common council, as are hereinbefore
directed in regard to the choice of mayor. Provided,
that the qualified voters of each of the wards numbered
wards 22 twenty-two and twenty-five shall give in their votes for

and 25. J J &

1888, c. 175. two able and discreet men, qualified voters in the ward, to

be members of the common council for the ensuing year.

vacancies, Sect. 14. Whenever there is a vacancy in the common

1880, c. 25. _ J

council by failure to elect, removal from the city, death,
resignation, or otherwise, the board of aldermen, or such
of them as shall then be members of the board, shall,
after having received official notice of such vacancy,
order an election to fill such vacancy, at such time and
place as they may deem advisable.

ELECTION OF BOARD OF SCHOOL COMMITTEE.

school com- Section 15. The school committee of the city of Bos-

mittee to *>

consist of ton shall consist of twenty-four persons, the present



CITY CHARTER. 13

members of which shall continue to hold office for the twent y- four

persons

terms for which they are respectively chosen, and the elected by
qualified voters of said city shall, at the annual meeting, 115 Mass.,
give in their votes in their respective precincts for eight fl'% 02 '
able and discreet persons, being inhabitants of the city, 18 75c. 241.

r ° J 1885, c. 266,

to be members of the school committee for the term of § 10.
three years from the first Monday in January next ensu- Ei s ht mem -

bers to be

ing, and all the votes so given in shall be sorted, counted, elected
declared and recorded, and transcripts of such records cer- ev
tified and transmitted, and the same proceedings had
thereon to ascertain and determine the persons chosen as
members of the school committee, as are hereinbefore
directed in regard to the choice of mayor, and for a new
election in case of the whole number required not being
chosen at the first election.

Sect. 16. The members of the school committee P r ^ aniza -

tlOD.

shall meet and organize on the second Monday in Jan- § 8 3 7 . 5 ' c ' 243 '

uary in each year, and a majority of all the members m^™"^,

shall be necessary to constitute a quorum for the trans- 18-5, c. 241,

§§2,3,4.
action of business. The school committee shall have judge of

authority to decide upon all questions relative to the etc., of it's

members.

qualifications, elections, and returns of its members.

Sect. 17. The school committee shall choose a secre- officers to
tary, not of their own number, who shall also serve 1875, c . 241,
as secretary to the board of supervisors, an auditing 54 *
clerk, and such other subordinate officers as they may
deem expedient, and shall define their duties, fix their
compensation and may remove them at pleasure.

Sect. 18. The school committee shall elect a super- To elect
intendent of schools and a board of supervisors, consisting dent and
of not more than six members, and shall define their !'"I > , erv * 8 o . r 1 8 '

' 1875, c. 241,

duties and fix their compensation. The superintendent § T -
and the members of the board of supervisors shall hold
office for the term of two years, unless sooner removed ;



14: MUNICIPAL REGISTER.

and they may be removed for cause at any time by the
school committee. No member of either branch of the
city council, or of the school committee, shall hold
the office of superintendent or supervisor, and neither the
mayor nor any member of either branch of the city council
shall be a member of the school committee. The super-
intendent shall be a member of the board of supervisors,
and shall, when present, preside at their meetings.
Powers and Sect. 19. The school committee shall have the super-

duties.

15-5,0.241, vision and direction of the public schools, and shall exer-
cise the powers and perform the duties in relation to the
care and management of schools which are now exercised
and performed by the school committee of said city, ex-
cept so far as they may be changed or modified by this
act, and shall have the powers and discharge the duties
which may hereafter be imposed by law upon the school
committees of cities and towns. They may elect teachers,
and may discharge those now in office, as well as those
hereafter elected. They shall appoint janitors for the
school houses, fix their compensation, designate their
duties, and may discharge them at pleasure. They may
fix the compensation of the teachers, but the salaries
established at the commencement of each school year
shall not be increased during such year.

a majority Sect. 20. The votes of a majority of the whole number

required to

elect. of members of the school committee shall be necessary

gg' ' '" ' to elect the superintendent of schools, the supervisors,

the head masters of the Latin, normal, and high schools,

the masters of the grammar schools, or the director of a

special study or exercise.

1875, c. 24i, Sect. 21. The school committee shall have full and

§'6.

1889, c. 297, exclusive power and authority to order to be made on the

§ ll school buildings any additions, alterations and repairs, for

school purposes, which it deems to be necessary ; to pro-



CITY CHARTER. 15

vide temporary accommodations for school purposes ; to Power in re
select, bond and purchase the land required for school buildings.
buildings and their yards ; and to determine the plans for
school buildings to be erected ; provided that nothing
herein shall authorize said school committee, in behalf of
the city of Boston, to expend or contract to expend for
said purposes any money in excess of the amount pre-
viously appropriated therefor.

Sect. 22. If a person elected a member of the school 7 aca °?, ie ^

1 how filled.

committee, after being duly notified of his election in the isre.c. 241,

. . §9-

manner in which town officers are required to be notified, „ „

1 P. 8., c. 44,

refuses or neglects to accept said office, or if a member §22.
of the committee declines further service, or, from change
of residence or otherwise, becomes unable to attend to
the duties of the committee, the remaining members
shall, in writing, give notice of the fact to the selectmen
of the town, or to the .mayor and aldermen of the city,
and the two boards shall thereupon, after giving public
notice of at least one week, proceed to fill such vacancy ;
and a majority of the ballots of persons entitled to vote
shall be necessary to an election.



BOAED OF STREET COMMISSIONERS.

Sect. 23. The board of street commissioners of the Board of
city of Boston shall consist of three persons, the present missioned
members of which shall continue to hold office for the t ° c ° nsiBt

of three

terms for which they are respectively chosen, and the P ersons -

1870, c. 337,

qualified voters of said city shall, at the annual meeting, §1.
give in their votes in their respective precincts for one
able and discreet man, being an inhabitant of the city, to 0ne mem .
be a member of the board of street commissioners for the berelected

each year

term of three years from the first Monday of January for the term
next ensuing, and all the votes so given in shall be sorted, years.



16 MUNICIPAL EEGISTEK.

counted, declared and recorded, and transcripts of such
records certified and transmitted, and the same proceed-
ings had thereon to ascertain and determine the person
chosen as street commissioner, as are hereinbefore di-
rected in regard to the choice of mayor.
To appoint Sect. 24. Said board of street commissioners shall

a clerk.

1870, c. 337, appoint a clerk of said board, removable at pleasure,
who shall have charge of the records of said board, and
perform such clerical and other duties as may be required
of him ; he shall be sworn to the faithful performance of
the duties of said office.

surveys and Sect. 25. All surveys and plans required by said

1870, c. 337, board of street commissioners shall be furnished by the
city surveyor of said city, who shall also perform such
other duties as they may require.

Powers and g ECT# 26. Said board of street commissioners shall have

duties.

1888, c. 397, power to lay out, locate anew, alter, widen and discon-
tinue highways in the city of Boston and order specific
repairs thereon, and whenever they are of the opinion
that the public necessity and convenience require that a
highway shall be laid out within said city, or that an
existing highway shall be located anew, altered, widened
or discontinued, or that specific repairs shall be ordered
thereon, the said commissioners shall appoint a time for
a public hearing, and shall cause a notice thereof, and of
their intention in the matter, to be published once a week,
for two successive weeks, in two daily newspapers, pub-
lished in said city, the last publication to be at least seven
days previous to the time fixed for said hearing. Said
hearing may be adjourned from time to time, if the com-
missioners deem it necessary, and, after said hearing,
said commissioners shall determine what action relating
to said way the public necessity and convenience require ;
and such determination, being recorded in the records of



CITY CHARTER. 17

said commissioners, the said way shall be thereby laid
out, located, altered, widened or discontinued, or specific
repairs shall be ordered, in accordance with such deter-
mination.

Sect. 27. Said board of street commissioners shall To estimate

damages.

estimate the amount of damage sustained by any persons isss.c. 397,
in their property by such laying out, locating anew, alter-
ing, widening or discontinuing, or ordering specific repairs
on, a highway, and, in their aforesaid determination, shall
state the share of each separately, which damage shall be
paid by the city of Boston.

Sect. 28. The city, or any party interested, if dis- Appeal,

error, esti-

satisfied with the estimate of damage in any case men- mateofcom-
tioned in the preceding section, may have the amount ]Ury .
of such damages determined by a jury at the bar of the ^ 8 i 88>c - 397 '
superior court, in the same manner in which other civil



Online LibraryBoston (Mass.)Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .. (Volume 1890) → online text (page 1 of 30)