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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 1857) online

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MUNICIPAL REGISTER:



COKTAIWING THE



CITY CHARTER AID RULES AND ORDERS



CITY COUNCIL,



LIST OF THE OFFICERS OF THE CITY OF BOSTON,



FOR THE YEAR



1857.



BOSTON:
GEO. C. RAND & AVERY, CITY PRINTERS,

No. 3, COENHILL.

1857.



RULES AND ORDERS



BOARD OF ALDERMEI.



Section 1. The Mayor, and in his absence, the Chair-
man of the Board, shall take the chair at the hour to
which the Board shall have adjourned, and shall call
the members to order, and a quorum being present,
shall cause the minutes of the preceding regular meet-
ing to be read ; and in the absence of the Mayor and
Chairman, the senior member present shall preside as
chairman pro tempore.

Sect. 2. He shall preserve decorum and order \ may
speak to points of order in preference to other mem-
bers ; and shall decide all questions of order, subject to
an appeal to the Board, by motion regularly seconded ;
and no other business shall be in order till the question
on the appeal shall have been decided.

Sect. 3. He shall declare all votes, but if any mem-
ber rises to doubt a vote, he shall cause a return of the
members voting in the affirmative, and in the negative,
without debate on the question.



4 Rides and Orders of the Board of Aldermen.

Sect. 4. He may read sitting, but shall rise to state
a motion or put a question to the Board.

Sect. 5. When the Mayor shall desire to vacate the
chair, he shall call the Chairman of the Board to take
it, and in his absence, the senior member present.
When the Chairman of the Board or the Chairman pro
tempore shall desire to vacate the chair, he may call any
member to it, but such substitution shall not continue
beyond an adjournment.

Sect. 6. On all questions and motions whatsoever,
the Chair shall take the sense of the Board by yeas
and nays, provided any member shall so require. And
every Ordinance, Resolution or Order, (except Orders
of Notice, Papers from the Common Council, Orders of
Inquiry, and Orders relating to the Departments of In-
ternal and External Health), after being read, shall be
laid on the table before its consideration by the Board ;
and no such Ordinance, Resolution or Order (except
as above) shall be considered at the same meetuig at
which it is offered, except by special vote.

Sect. 7. The Chair shall propound all questions in
the order in which they are moved, unless the subse-
quent motion shall be previous in its nature, except,
that in the naming sums and fixing times, the largest
sum and longest time shall be put first.

Sect. 8. After a motion is stated or read by the
Chair, it shall be deemed to be in possession of the
Board, and shall be disposed of by vote, but the mover
may Avithdraw it at any time before a decision or
amendment.

Sect. 9. When a question is under debate, the Chair
shall receive no motion, but to adjourn, to lay on the



Rules and Orders of the Board of Aldermen. 5 .

table, to postpone to a day certain, to commit, to amend,
or to postpone indefinitely ; which several motions shall ,
have precedence in the order in which they stand ar-
rano'ed ; and a motion to strike out the enactino; clause
of an Ordinance shall be equivalent to a motion to
postpone indefinitely.

Sect. 10. The Chair shall consider a motion to
adjourn as always in order, except on an immediate
repetition ; and that motion, and the motion to lay on
the table, or to take up from the table, shall be decided
without debate.

Sect. 11. When a vote has passed, it shall be in
order for any member to move a reconsideration there-
of, at the same or the succeeding regular meeting, but
not afterward ; and when a motion for reconsideration
is decided, that vote shall not be reconsidered.

Sect. 12. Every member when about to speak, shall
rise and respectfully address the Chair; shall confine
himself to the question under debate, and avoid per-
sonalities.

Sect. 13. No member speaking shall be interrupted
by another, but by rismg to a call to order, or for ex-
planation.

Sect. 14. No member shall be permitted to vote, or
serve on any Committee, on any question where his
private right is immediately concerned, distinct from
the public interest.

Sect. 15. Every member, who shall be present when
a question is put, where he is not excluded by interest
shall give his vote, unless the Board, for special reasons,
shall excuse him ; application to be so excused, on any
question, must be made before the Board is divided, or



6 Rules and Orders of the Board of Aldermen.

before the calling of the yeas and nays, and such appli-
cation shall be accompanied by a brief statement of the
reasons, and shall be decided without debate.

Sect. 16. Every motion shall be reduced to writing,
if the Chair shall so direct.

Sect. 17. Any member may require the division of
a question, when the sense will admit of it. A motion
to strike out and insert, shall be deemed indivisible ;
but a motion to strike out, being lost, shall not preclude
amendment, or a motion to strike out and insert.

Sect. 18. No motion or proposition, of a subject dif-
ferent from that under consideration, shall be admitted
under color of amendment.

Sect. 19. Motions and Eeports may be committed
or recommitted, at the pleasure of the Board.

Sect. 20. When a vote is doubted, the members for
and against the question, when called on by the Chair,
shall rise and stand till they are counted.

Sect. 21. All questions relating to priority of busi-
ness to be acted upon, shall be decided without debate.

Sect. 22. When a motion is made to refer any sub-
ject, and different Committees are proposed, the ques-
tion shall be taken in the followino; order : —

1st. To a Standing Committee of the Board;

2d. To a Select Committee of the Board ;

3d. To a Joint Standing Committee ;

4th. To a Joint Select Committee.

Sect. 23. The following Standing Committees of the
Board, to consist of three members each, shall be ap-
pointed by the Mayor : —

Committee on Armories and Military Affairs — Bridges
— Cemeteries — Common and Public Squares — County



Rules and Orders of the Board of Aldermen. 7

Accounts — Fire Department — Faneuil Hall (to be com-
posed of the Committee on Public Buildings on the
part of this Board) — External Health — Internal
Health — Lamps, Bells, and Clocks — Laying out and
Widening Streets — Licenses — Jail — Market — Paving
and RejDairs of Streets — Police — Sewers and Drains —
Steam Engines and Furnaces. All other Committees,
imless otherwise provided for, or specially directed
by the Board, shall be appointed by the Chair.

Sect. 24. At every regular meeting of the Board,
the order of business shall be as follows : —

L Communications from His Honor the Mayor.

2. Presentation of petitions, memorials and remon-
strances.

3. Papers from the Common Council.

4. Reports of City Officers.

5. Reports of Committees.

6. Motions, orders and resolutions.

And the above order of business shall not be departed
from, but by the votes of a majority of the members of
the Board present.

Sect. 25. Each Committee elected on thq part of
this Board shall organize at its first meeting by the
choice of a Chairman, and shall report the same to this
Board, and in all cases where the Chair appoints a
Committee, unless otherwise provided for, the member
first named shall be Chairman, and in his absence the
member next in order, who shall be present, shall be
Chairman jt?ro tempore.

Sect. 26. Committees of the Board, to whom any
matter is specially referred, may be required to report
within four weeks, or ask for further time.



8 Rules and Orders of the Board of Aldermen.

Sect. 27. The foregoing rules shall not be altered,
amended, suspended or repealed at any tune except by
the vote of two-thirds of the members of the Board
present at the time.



JOINT RULES AND ORDERS



CITY COUNCIL.



Sect. 1. At the commencement of the Municipal
Year, the following Joint Standing Committees shall
he chosen by ballot, viz : —

A Committee on Finance, to consist of the Mayor,
the Chairman of the Board of Aldermen, and seven
members of the Common Council.

A committee on Accounts, to consist of three Alder-
men and five members of the Common Council.

And the following committees shall be appointed,
viz : —

A committee on Public Lands, to consist of three Al-
dermen and five members of the Common Council.

A committee on Puhlic Buildings, to consist of three
Aldermen and five members of the Common Council.

A committee on Public Instruction, to consist of three
Aldermen, and the President and four members of the
Common Council.

A committee on Institutions at South Boston and
Deer Island, to consist of three Aldermen and five
members of the Common Council.
2



10 Joint Rules and Orders of the City Council.

A committee on Fuel, to consist of two Aldermen
and three members of the Common Council.

A committee on Water, to consist of three Aldermen
and five members of the Common Council.

A committee on the Treamry Department, to consist
of two Aldermen and three members of the Common
Council.

A committee on the Assessors^ Department, to consist
of two Aldermen and three members of the Common
Council.

A committee on the Harbor, to consist of two Alder-
men and three members of the Common Council.

A committee on Printing, to consist of one Alderman
and two members of the Common Council.

A committee on Public Library, to consist of three
Aldermen and five members of the Common Council.

A committee on Ordinances, to consist of three Alder-
men and five members of the Common Council.

A committee on Telegraphic Fire Alarms, to consist
of two Aldermen and three members of the Common
Council.

A committee on Claims, to consist of three Aldermen
and five members of the Common Council, who shall
have full power and authority to investigate all claims
against the City, and to take any measures for the de-
fence of such claims that they may deem expedient,
and also under the advice of the Mayor to adjust and
settle all claims not exceeding the sum of $500.

The members of the Board of Aldermen and of the
Common Council, who shall constitute the Joint Stand-
ing Committees, shall be chosen or appointed by their
respective Boards.



Joint Rules and Orders of the City Council. 11

The Mayor, the President of the Common Council,
and the Chairman of the Committee of Finance on the
part of the Common Comicil, shall, according to the
ordinance, constitute the Committee on the Reduction
of the City Debt.

The member of the Board of Aldermen first named
on every Joint Committee, of which the Mayor is not
a member, shall be its Chairman; and in case of his
resignation or inability, the other members of the same
Board, in the order in which they are named, and after
them, the member of the Common Council, first in
order, shall call meetings of the Committee and act as
Chairman.

Sect. 2. In every case of disagreement between the
two branches of the City Council, if either Board shall
request a conference, and appoint a Committee of Con-
ference, and the other Board shall also appoint a Com-
mittee to confer, such Committee shall, at a convenient
hour, to be agreed upon by their Chairman, meet and
state to each other verbally or in writing, as either
shall choose, the reasons of their respective Boards, for
and against the matter in controversy, confer freely
thereon, and report to their respective branches.

Sect. 3. When either Board shall not concur in any
action of the other, notice of such non-concurrence
shall be given by written message.

Sect. 4. Either Board may propose to the other, for
its concurrence, a time to which both Boards shall
adjourn.

Sect. 5. All By-Laws passed by the City Council,
shall be termed " Ordinances," and the enacting style
shall be : — Be it ordained by the Aldermen and Com-



12 Joi?it Rules and Orders of the City Council.

mon Council of the City of Boston, in City Council
assembled.

Sect. 6. In aU votes, when either or both branches
of the City Council express any thing by way of Com-
mand, the form of expression shall be " Ordered ; " and
whenever either or both branches express opinions,
principles, facts, or purposes, the form shall be "Re-
solved."

Sect. 7. In the present and every future financial
year, the specific appropriations for the several objects
enumerated in the general appropriation bill shall be
deemed and taken to be the maximum amount to be
expended by the several Committees having the charge
thereof for the entire financial year, and shall be ex-
pended with a proper regard thereto ; and after the
annual order of appropriations shall have been jDassed,
no subsequent expenditures shall be authorized for any
object, unless provision for the same shall be made by
special transfer from some of the ajDpropriations con-
tained in such annual order, or by expressly creating
therefor a City Debt ; in which cases the order shall not
be passed, unless two-thirds of the whole number of
each branch of the City Council shall vote in the affirm-
ative, by vote taken by yea and nay.

Sect. 8. In all contracts or expenditures to be made
under the authority of the City Council, whenever the
estimates shall exceed the appropriations specially
made therefor, or whenever any committee shall have
expended the sum specially appropriated for their use,
in the order of appropriation for the year, and in either
case shall require a further sum ; it shall be the duty of
such Committee having such matter in charge, to sub-



Joint Rules and Oi'ders of the City Council. 13

mit the fact to the City Council for instructions, accom-
panied with a detailed statement in print, of the cause
or causes which have created the necessity for such ap-
pHcation, and the object for which the same is needed.
And no contract shall be made, or expenditure autho-
rized in either case, unless by a specific vote of the City
Council first making the necessary provision for the
payment resulting therefrom; and no debt shall be
created, or transfer from one special appropriation to
another be made, until such report or statement shall
have been submitted to the City Council, by the Com-
mittee requiring the same.

Sect. 9. Joint Standing Committees shall cause
records to be kept of their proceedings, by a Secretary
to be chosen at their first meeting, in books provided by
the City for that purpose. No Committee shall act by
separate consultations, and no report shall be received,
unless agreed to in Committee actually assembled.

Sect. 10. It shall be the duty of every Joint Com-
mittee, to whom any subject may be specially referred,
to report thereon within four weeks, or to ask for fur-
ther time.

Sect. 11. All reports and other papers submitted to
the City Council, shall be written in a fair hand, and no
report or endorsement of any kind shall be made on
the reports, memorials, or other papers referred to the
Committee of either branch. All reports shall be signed
by the writers thereof, unless otherwise directed by the
Committee. And the Clerks shall make copies of any
papers to be reported by Committees, at the request of
the respective Chairmen thereof



14 Joint Rules and Orders of the City Council.

Sect. 12. No Chairman of any Committee shall
audit or approve any bill or account against the City,
for any supplies or services, which shall not have been
ordered or authorized by the Committee.



RULES AND ORDERS



COMMON COUNCIL.



Duties and Powers of the President.

Sect. 1. The President shall take the chair precisely
at the hour to which the Council shall have adjourned ;
shall call the members to order; and on the appear-
ance of a quorum, cause the minutes of the preceding
meeting to be read, and proceed to business.

Sect. 2. He shall preserve decorum and order ; may
speak to points of order in preference to other mem-
bers ; and shall decide all questions of order, subject to
an appeal to the Council, by motion regularly seconded ;
and no other business shall be in order till the question
on the appeal shall have been decided.

Sect. 3. He shall declare all votes, but if any mem-
ber rises to doubt a vote, the President shall cause a
return of the members voting in the affirmative, and
in the negative, without further debate on the ques-
tion.

Sect. 4. He shall rise to address the Council, or to
put a question, but may read sitting.

Sect. 5. In all cases the President may vote.



16 Rules and Orders of the Common ^Council.

Sect. 6; When the Council shall determine to go
into a Committee of the Whole, the President shall
appoint the member who shall take the chair. The
President may at any other time, call any member to
the chair, but such substitution shall not continue
beyond an adjournment.

Sect. 7. On all questions and motions whatsoever,
the President shall take the sense of the Council by
yeas and nays, provided one-fifth of the members pres-
ent shall so require.

Sect. 8. The President shall propound all questions
in the order in which they are moved, unless the subse-
quent motion shall be previous in its nature, except,
that in the naming sums and fixing times, the largest
sum and longest time shall be put first.

Sect. 9. After a motion is stated or read by the
President, it shall be deemed to be in possession of the
Council, and shall be disposed of by vote, but the mover
may withdraw it at any time before a decision or amend-
ment.

Sect. 10. When a question is under debate, the
President shall receive no motion, but to adjourn, to
lay on the table, for the previous question, to postpone
to a day certain, to commit, to amend, or to postpone
indefinitely; which several motions shall have prece-
dence in the order in which they stand arranged ; and
a motion to strike out the enacting clause of an Ordi-
nance shall be equivalent to a motion to postpone inde-
finitely.

Sect. 11. The President shall consider a motion to
adjourn as always in order- and that motion, and the



Rules and Orders of the Common Council. 17

motion to lay on the table, or to take up from the table,
shall be decided without debate.

Sect. 12. He shall put the previous question in the
following form : " Shall the main question he now put ?" and
all debate upon the main question shall be suspended
until the previous question shall be decided. After the
adoption of the previous question, the sense of the
council shall forthwith be taken upon amendments re-
ported by a Committee, upon all pending amendments,
and then upon the main question.

Sect. 13. On the previous question, no member shall
speak more than once without leave ; and all incidental
questions of order, arising after a motion is made for
the previous question, shall be decided without debate,
except on an appeal ; and on such an appeal, no mem-
ber shall be allowed to speak more than once without
leave of the Council.

Sect. 14. When two or more members happen to
rise at once, the President shall name the member who
is first to speak.

Sect. 15. All Committees shall be appointed and
announced by the President, unless otherwise provided
for, or especially directed by the Council.



Rights, Duties, or Decorum of Members.

Sect. 16. In the absence of the President, the senior
member present shall call the Council to order, and
preside until a President ^ro tempore shall be chosen by
ballot ; and if an election is not effected on the first
trial, on a second ballot a plurality of votes shall elect.

Sect. 17. Every member when about to speak, shall
3



18 Rules and Orders of the Common Council.

rise and respectfully address the President ; shall confine
himself to the question under debate, and avoid person-
alities ; and shall sit down when he has finished. No
member shall speak out of his place, without leave of
the President.

Sect. 18. No member speaking, shall be interrupted
by another, but by rising to call to order, or for expla-
nation.

Sect. 19. No member shall speak more than twice
on one question, without first obtaining leave of the
Council ; nor more than once, until the other members,
who have not spoken, shall speak, if they desire it.

Sect. 20. When a vote has passed, it shall be in
order for any member who voted in the majority, to
move a reconsideration thereof, at the same or the suc-
ceeding meeting, but not afterwards ; and when a motion
for reconsideration is decided, that vote shall not be
reconsidered.

Sect. 21. No member shall be obliged to be on more
than two Committees at the same time, nor Chairman
of more than one.

Sect. 22. No member shall be permitted to stand up
to the interruption of another, while any member is
speaking ; or to pass unnecessarily between the Presi-
dent and the person speaking.

Sect. 23. When any member shall be guilty of a
breach of either of the rules and orders of the Council,
he may, on motion, be required by the Council to make
satisfaction therefor ; and in such a case, he shall not be
allowed to vote, or speak, except by way of excuse, till
he has done so.

Sect. 24. No member shall be permitted to vote or
serve oil any Committee, on any question where his



Rules and Orders of the Common Council. 19

private right is immediately concerned, distinct from
the public interest.

Sect. 25. Every member, who shall be present when
a question is put, where he is not excluded by interest
shall give his vote, unless the Council, for special rea-
sons, shall excuse him ; application to be so excused,
on any question, must be made before the Council is
divided, or before the calling of the yeas and nays, and
such application shall be accompanied by a brief state-
ment of the reasons, and shall be decided on without
debate.

Sect. 26. Every motion shall be reduced to writing,
if the President shall so direct.

Sect. 27. Any member may require the division of
a question, when the sense will admit of it. A motion
to strike out and insert, shall be deemed indivisible ; but
a motion to strike out, being lost, shall not preclude
amendment or a motion to strike out and insert.

Sect. 28. No motion or proposition, of a subject
different from that under consideration, shall be admit-
ted under color of amendment.

Sect. 29. Motions and reports may be committed or
recommitted at the pleasure of the Council.

Sect. 30. At every regular meeting of the Council,
the order of business shall be as follows : —

1. Papers from the Board of Aldermen.

2. Unfinished business of preceding meetings.

3. Communications and Reports from City Officers,
Presentation of Petitions, Remonstrances, and Memo-
rials.

4. Reports of Committees.

5. Motions, Orders or Resolutions.



20 Rides and Orders of the Common Council.

And the above order shall not be departed from but
by the votes of a majority of the members of the Coun-
cil present.

Sect. 31. When a vote is doubted, the members for
and against the question, when called on by the Presi-
dent, shall rise and stand till they are counted.

Sect. 32. All questions relating to priority of busi-
ness to be acted upon, shall be decided without debate.

Sect. 33. When a motion is made to refer any sub-
ject, and different Committees are proposed, the ques-
tion shall be taken in the following order : —

A Standing Committee of the Council ;

A Select Committee of the Council ;

A Joint Standing Committee ;

A Joint Select Committee.

Sect. 34. The seats of the members of the Council
shall be numbered, and shall be determined, in the
presence of the Council, by drawing the names of mem-
bers, and the numbers of the seats, simultaneously;
and each member shall be entitled, for the year, to the
seat bearing the number so drawn against his name ;
and shall not change it except by permission of the
President.

Sect. 35. No member shall call another member by
his name in debate, but may allude to him by any in-
telligible and respectful designation.

Sect. 36. If the reading of any paper is called for,
and any member objects thereto, it shall be decided by
the Council.

Sect. 37. No rule or order of the Council shall be
dispensed with, altered or repealed, unless two-thirds of
the members present consent thereto.



Rules and Orders of the Common Council. 21



Petitions, Memorials, &c.

Sect. 38. All papers addressed to the Council shall
be presented by the President, or a member in his
place, and shall be read by the President, Clerk, or such
other person as the President may request 5 and shall
be taken up in the order in which they are presented,


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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 1857) → online text (page 1 of 12)