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 1878) online

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ON
PUBLIC
UBRARY




MUNICIPAL REGISTER,



1879.



MUMCIPAL REGISTER:



CONTAINING



THE CITY CHARTER,



EULES AND OEDEES OF THE CITY COUNCIL,



LIST OF OFFICERS OF THE CITY OF BOSTON,



EOR THE YEAR



1879.




BOSTON:
EOCKWELL AND CHUECHILL, CITY PEINTEES,

No. 39 Arch Street,
1879.



PEELIMINAEI NOTE-



The establishment of tlie town of Boston dates
from the passage of the order of the Conrt of
Assistants on the 17th September (7th, O. S.),
1680, " that Trimountain shall be called Boston."
The first city government was organized on the
1st of May, 1822 (St. 1821, c. 110). Eoxbury
was first recognized by the Court of Assistants
as a town on the 8th Oct., 1630. • It was incor-
porated as a city on the 12th March, 1846 (St. 1846,
c. 95), and annexed to Boston (z. e., act accepted
by the qualified voters of the two cities) 9th Sept.,
1867 (St. 1867, c. 359). Dorchester was named
by the Court of Assistants in the same order in
which Boston was named ; and it retained iti^
town organization until annexed to Boston on the
22d June, 1869 (St. 1869, c. 349). Charlestown-
was founded 4th July, 1629 ; incorporated as a
city in 1847 (St. 1847, c. 29) ; annexed to Boston,
7th Oct., 1873 (St. 1873, c. 286). West Eoxbury
was incorporated as a town on the 24th March,
1851 (St. 1851, c. 250) ; annexed to Boston on
the 7th Oct., 1873 (St. 1873, c. 314). Brighton
was incorporated as a town in 1806 (St. 1806, c.
Q5) ; annexed to Boston on the 7th of Oct., 1873
(St. 1873, c. 303).



A CODIPICATION



CITY CHAETER OF 1854,

AND STATUTES AFFECTING THE SAME.



[The first act of the Legislature of Massachusetts establishing the City
of Boston was passed Pebruary 23, 1822, and adopted by the citizens of
Boston, March 4, 1822. It is chapter 110 of the acts of 1821. The
present city charter, being a revision of the former one, was passed April
29, 1854, and adopted by the citizens, November 13, 1854. It is chapter
448 of the acts of 1854. The charter herewith presented is a codifica-
tion of the original enactment of 1854, and of the general and special
acts since then adopted, prepared, by order of the City Council, bpthe
Committee on OrdinJitices. The sections in pica are unchanged from
the text of 1854. Words in italics show verbal changes. Sections in
small pica give the presumed state of the charter as affected by sub-
' • sequent legislation for 1879.]

Corporate Section 1. TliG inhabitants of the City of Bos-

powers. "^

1821, c. 110, ton, for all the purposes for which towns and cities
are by law incorporated in this commonwealth,
shall continue to be one body politic, in fact and
in name, under the 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 subject to all the duties
and obligations now incumbent upon and apper-
taining to said city, as a municipal corporation.

Sect. 2. The administration of all the fiscal,
prudential, 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



City gov-
ernment.
Ibid.



St. 1875, c.
243.



CITY OHAETEK. 7

the board of aldermen, and one coiincil of seventy-
two persons, to be called the common, conncil,
"which boards, in their joint capacity, shall be
denominated the city conncil, and also in such other
boards of officers as are hereinafter specified.

Sect. 3. It shall be the duty of the city council, and Division

• into wards.

they are empowered during the year 1875, and each isto, c. 243.

tenth year thereafter in which a census shall be taken by

authority of the commonwealth, to cause a new division

of the city to be made into twenty-four wards, in such

manner as to include an equal number of voters in each

ward, as nearly as conveniently may be consistently with

well-defined limits to each ward. Until such division be

made in 1885, however, an additional ward, to be known isie, c. 242.

as number twenty-five, is established for purposes defined

by statute. In 1878 each ward of the city shall be di- ^^''^'ision of

wards into

vided by the board of assessors of taxes int(^ voting pre- precincts.
cincts, each consisting of compact and contiguous territory ^879' c. les!
and containing as nearly as may be five hundred regis-
tered voters. In 1886, as soon as practicable after the
division of the city into new wards, and every fifth j^ear
thereafter, a new division into voting precincts shall be
made in the same manner.

Sect. 4. The annual meeting of citizens, for'^°°"^^

^ meeting for

the election of municipal officers hereinafter men- the election

of city

tioned, shall be held on the Tuesday after the officers.

1824 c. 49.

second Monday of December, and the citizens ofisoiU.ieT.
said city qualified to vote in city affairs shall, for i8?2,' c! uo.
the purpose of such election, then meet together JgrJ c! 225!
within the voting preci7icts in which they respec-
tively are entitled to vote, at such hour and place
as the board of aldermen may by their warrant



8 MIXN^IOIPAL KEGISTEE.

direct and appoint; and the person receiving the
highest number of votes for any office shall be
deemed and declared to be elected to such oflace ;*
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
higliest number of votes, shall be declared elected.
Certificates Sect. 5* Evcrj pcrsou so chosen in any pre-
to be to- cinct shall, within forty-eight hours of his elec-
8ee ^874, c. tlou, bc furnishcd by the clerk with a certificate
i878!t^m thereof, signed by the warden, clerk,- and a major-
ity of the inspectors, which certificate shall be
presumptive evidence of the title of such person
to the oflace therein mentioned.
Commence- Seot. 6. Thc muuicipal officers to be chosen at

ment of mu-
nicipal year. tllC annual election shall enter upon the duties of

1824, c. 49, . . ^^ 1 r. T T- T n

§2. then' respective offices on the nrst Monday oi

January.
Precinct Sect. 7. lu each votiiig precinct there shall be chosen

1878, c. 243. S't the annual city election, a warden and a clerk for
such precinct, and the mayor shall annually appoint for
each precinct, with the approval of the board of alder-
men, two inspectors, qualified voters in the ward of
which such precinct forms a part, who shall be men of
good repute and standing, and from different political
parties.
Precinct Sect. 8. The Said wardens, clerks, and inspectors,

be sworn, shall respectively make oath faithfully and impartially to
discharge their several duties, which oath may be admin-
istered by the clerk to the warden, and by the latter to
the clerk and inspectors, or to any or all of said officers
by the city clerk, or by his assistant, or by any justice of



187.6,0.246,
§4.



CITY CHARTER. 9

the peace ; and a certificate thereof shall be entered in
the record to be kept by the precinct clerk.

Sect. 9. In case of the non-election of the warden or Non-eiec-

. tion of offl-

clerk of any precinct at the annual municipal election, cers.
the board of aldermen may issue their warrant in due^^'''' '
form for an election to be held at such time and place as
said board may deem advisable.

In case of a vacancy in the office of precinct inspector vacancies of

inspectors.

before the first day of November in any year, the mayor ists, c. 243,
may, with the approval of the board of aldermen, make
an appointment of some person of good repute and stand-
ing to fill said office; and in making such appointment,
it shall be his duty to select some person of the same
political party with the original incumbent of said office ;
and every person so appointed shall be sworn to the
faithful discharge of his duties.

Sect. 10. In case of a vacancy in the office of warden, officers pro
clerk, or inspector of a precinct on the day of any elec- isie, c. 246.

tion, such vacancy shall be filled p7'o tempore by the ^^J^' *=• ^^^'

§ 2.

voters of said precinct by nomination and hand vote.
The person so elected, before entering upon the
duties of his office, shall take the oath as hereinbefore
provided.

Sect. 11. The warden shall preside at all meetings of Duties of
his precinct, and shall have the powers of moderators igvs, c. 243,
of town meetings. In case of a vacancy in the office of ^^'
warden, clerk, or inspector of a precinct on the day of
any election, such vacancy shall be filled ^ro tempore by
the voters of said precinct by nomination and hand vote.

Sect. 12. It shall be the duty of the clerk to make Duty of

clerk.

and keep a fair and true record of all meetmgs, and at isie, c. 246,
the expiration of his term of office to deliver such record, ^^■
together with all other documents and papers held by him
in his said capacity, to the city clerk, by whom such of



^ 10 MUN^rOIPAL REGISTER.

tliem as need be shall be transmitted to the next precinct
clerk.
Duties of Sect. 13. It shall be the duty of the warden

warden and

inspectors, aiid iiispectors of each precinct to receive, sort,

1821, c. 110. ^ *■ '

§ 3. and count, and of the warden to declare, all votes

1876, c. 246. . .

at any election witlnn such precinct j and the cleric
may assist in assojiing and counting the votes.
Duties of Sect. 11. It shall be the duty of all yrechict

ward offi-
cers at all officers, Ijefore named, to attend and perform their

1845, c. 217, respective duties at the times and places appointed
for elections of any officers, whether of the United
States, state, city, ov precinct or for the determina-

1876,0.246, tion of any question submitted to the qualified
voters T)y lawful authority; and to make and sign
. ^ the returns of the same.

Election of

mayor. Sect. 15. Tlic Qualificd voters of said city shall,

1821, c. 110, ^ ^ . .

§ 5- at the annual meeting, be called upon to give in

See G. 8. i t t t

c. 7, § 14. their votes for one able and discreet person, being
an inhabitant of the city, to be mayor of said city
for the term of one year. All the ballots so given
in, in each precinct, being sorted, counted, and
declared, shall be recorded at large by the clerk

1878,0.243. -^^ open precinct meeting; and, in making such
declaration and record, the name of every person
voted for and the number of votes given for each
person respectively, shall be distinctly stated,
such numbers to be exj)ressed in words at
length ; and a transcript of such record, certified
and authenticated by the warden, clerk, and a
majority of the inspectors of elections for each
precinct, shall forthwith be transmitted or de-



OITT CHAETEE. 11 .

liver ed by such precinct clerk to the clerk of the
city. It shall be the duty of the city clerk forth-
with to enter such returns, or a plain, intelligible,
abstract of them, as they are successively received,
upon the journal of the proceedings of the board
of aldermeu, or some other book to be kept for
that purpose.

Sect. 16. The board of aldermen shall, as soon Board of

aldermen to

as conveniently may be, after three dsijs following examine re.

_ turns of

such election, meet together and examine all the votes for

mayor.

said returns, and they shall cause the person who 1821, c. no,
may have been elected mayor to be notified in writ- i83o,c.7,§2.
ing of his election ; but, if it shall appear by said ^^J^' ''■ ^^^'
returns that no person has been elected, or if the
person elected shall refuse to accept the ofSce, the
board shall issue their warrants for a new election,
and the same proceedings shall be had as are pro-
vided in the preceding section for the choice of a
mayor, and repeated from time to time until a
mayor shall be chosen.^

Sect. 17. Whenever, on examination by the proceedings

1 T n 1 ^ n ^ n • in case of no

board of aldermen of the returns of votes given choice of
for mayor at the meetings of the precincts, holden ^rltL^^
for the purpose of electing that officer, last pre- ^g^^of'^tiie
ceding the first Monday of January in each yeai', municipal
no person shall appear to be chosen, the board of i^^o-'^-^'^i-
aldermen, by whom such examination is made,
shall make a record of that fact, an attested copy
of which record it shall be the duty of the city

* See Stat. 1876, c. 188, for proceedings where a recount of ballots is
demanded.



12 MUNICIPAL REGISTER.

clerk to produce and read, on the first Monday of
January, in the presence of the members returned
to serve as aldermen and common councilmen;
and the oaths prescribed by law may be adminis-
tered to the members elect. The members of the
board of aldermen shall thereupon proceed to
elect a chairman, and the common council a presi-
dent, in their respective chambers ; and, being re-
spectively organized, they shall proceed to busi-
ness in the manner hereinafter provided, in case of
the absence of the mayor ; and the board of alder-
men shall forthwith issue their warrants for meet-
ings of the citizens of the respective precincts,
for the choice of a mayor, at such time and place
as they shall judge most convenient; and the same
proceedings shall be had in all respects as are
hereinbefore directed, and shall be repeated from
time to time, until a mayor sball be duly chosen.
Proceedings Seot. 18. Whencver it shall appear, by the

in case no n i i • r ' nr>

mayor is rcgular rctums of the elections of city ofncers,
fun board^of that a mayor has not been chosen, or that a full
no?eTcted.^ board of aldermen has not been elected, such of
1845, c. 217, ^j^g board of aldermen, whether they constitute a
quorum or not, as may have been chosen, shall
issue their warrant, in the usual form, for the elec-
tion of a mayor, or such members of the board of ,
aldermen as may be necessary; and the same pro-
ceedings shall be had and repeated, until the elec-
tion of a mayor and aldermen shall be completed,
and all vacancies shall be filled in the said board ;
and in case neither a mayor nor any alderman shall



CITY CHARTER. 13

be elected at the usual time for electing the same,
and after the powers of the former mayor and
aldermen shall have ceased, it shall be the duty of
the president of the common council to issue his
warrant, in the same manner as the board of
aldermen would have done if elected, and the
same proceeding shall be had and repeated, until
a mayor or one or more aldermen shall be elected.

Sect. 19. The qualified voters of said city Election of

aldermen.

shall, at the annual meeting, be called upon to is2i, c. no,
give in their votes for twelve persons, bemg ni-
habitants of said city, to constitute the board of
aldermen for the ensuing year; and all the votes
so given, being sorted, counted, and declared by
the warden and inspectors, shall be recorded at
large by the clerk, in o-^&n precinct meeting; and
in maldno- such declaration and record, the name ^ee a. s.

° , c. 7, § 14.

of every person voted for, and the number of
votes given for each person, shall be distinctly
stated; and a transcript of such record, certified
by the warden and clerli and a majority of
the inspectors of each precinct, shall forthwith
be transmitted to the city clerk, whereupon the
same proceedings shall be had to ascertain and
determine the persons chosen as aldermen, 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. And each alderman so chosen shall be
duly notified in writing of his election, b}'^ the
mayor or aldermen for the time being.



t^^^S




14 MUNICIPAL KEGISTEE.

Common Sect. 20. The qualified voters of each ward shall

Council.

1875, c. 243. annually at the municipal election bring in their votes in
i876ic.242! their respective precincts in such ward, 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 in each pre-
cinct, being sorted, counted, and declared, a public
declaration of the result shall be made by the warden in
open precinct meeting ; and a record of such proceed-
ings shall be kept by the clerk in his journal stating the
number of ballots given for each person, written in
words at length. Provided, however, that in 1876, and
every alternate year thereafter, until after a division of
the city into new wards, ward twenty-two shall elect (to
serve for the ensuing year) two members of the common
council, and ward twenty-five one such member ; and
that in the other years, ward twenty-two shall elect one
member and ward twenty-five two members of said
council.

[Sections 21, 22, 23 and\2i^ relating to the non-
election of members of the common council, are
siipm'seded-m^ rendered void by chayter 24§^ o/"
the acts of 18^?^ authorizing the division of ivards
into precincts.1 ^- ^'-0
Board of Seot. 24. The board of aldermen, the common

aldermen, . . ini

etc.,tojudge council, and the school committee, shall have an-
i82l*'riio!' thority to decide upon all questions relative to the
^'' qualifications, elections, and returns of their

respective members.
Removal of Seot. 26. All cltv aud precinct officers shall

city or pre- " -*•

cinctofficersbe held to dlscliargc the duties of the offices to

from their

wards. 1845, whicli tlicy liavc been respectively elected, not-

c. 217 5 6.

withstandinof their removal after their election out



CITY CHARTER. 15

of their respective wards into any other wards of
the city. But they shall not be so held after they
have taken up their permanent residence out of
the city.

Sect. 27. The mayor, aldermen, and common organiza.

^ ' ' tion of city

councilmen, on the first Monday in January, or council.

' " . , 18-1. c. no,

before entering on the duties of their offices, shall § 9. ,

1824 c 9

repectively be sworn, by taking the oath of alle- § 2. '
giance and oath of oflSce prescribed in the con-
stitution of this commonwealth, and an oath to
support the Constitution of the United States.
And such oaths may be administered to the mayor-
elect, by any one of the justices of the supreme
judicial court, or any judge of any court of record,
commissioned to hold any such court within the
said city, or by any justice of the peace for the oath of

' oflce.

county of Suffolk. And such oaths shall be ad-
ministered to the aldermen and members of the
common council by the mayor, being himself first
sworn as aforesaid, or by either of the persons
authorized to administer said oath to the mayor;
and a certificate of such oaths having been taken
shall be entered in the journal of the mayor and
aldermen, and of the common council respectively,
by their respective clerks.

Sect. 28. In case of the unavoidable absence. Absence of

P . T -, . PI mayor-elect.

on account of sickness or otherwise, of the mayor- i83o,c.7,§2.
elect, on the first Monday in January, the city
government shall organize itself in the mode here-
inbefore provided in cases wherein no person shall
have been elected mayor at the meeting last pre-



10 MUl^ICIPAL REGISTER.

ceding the first Monday in January, and may pro-
ceed to business in the same manner as if the
mayor were present.
totZsTa Sect. 29. After the organization of the city
permanent provemment, aud the quahfication of a mayor, and

chairman, cj ' ± j ^

when a quorum of the board of aldermen shall be
present, said board, the mayor presiding, shall pro-
ceed to choose a permanent chairman, who shall
preside at all meetings of the board and at con-
ventions of the two branches, in the absence of
the mayor; and, in case of any vacancy in the
office of mayor, for any cause, he shall exercise
all the powers and perform all the duties of the
office as long as such vacancy shall continue.
But he shall continue to have a vote in the board,
and shall not have the veto power.
City clerk. Sect. 30. Thc mayor, aldermen, and common

1821, c. 110, *^ ' '

§!<'• council in convention, in the month of January,

1869, 0. 32. ^ "^ ^

shall choose a clerk for the term of one year, and
until another person is duly chosen and qualified
in his stead, who shall be sworn to the faithful dis-
charge of the duties of his office, and shall be
removable at the pleasure of the board of alder-
men, the mayor thereto consenting. He shall be
denominated the city clerk, and it shall be his duty
to keep a journal of the acts and proceedings of
the board of aldermen, to sign all warrants issued by
them, and to do such other acts in his said capacity
as may lawfully and reasonably be required of him ;
and to deliver over all journals, books, papers, and
documents entrusted to him as such clerk to his



CITY CHAKTER. 17

successor in office, immediately upon such succes-
sor being chosen and qualified as aforesaid, or
whenever he may be thereunto required by the
aldermen. The city clerk thus chosen and quali-
fied shall continue to have all the powers and per-
form all the duties now by law belonging to him.

Sect. 31. In case of a vacancy in the office of J^^^^^^clty
city clerk, from any cause, the same shall be filled '=^^*-
in the manner ]3rovided in the preceding section.

Sect. 32. In case of the temporary absence of^^^®"°^°^

■■■ " city clerk.

the city clerk, the mayor, by and with the advice
and consent of the board of aldermen, may appoint
a city clerk 'pro tempore}

Sect. 33. The executive powers of the said ^"^y^^^''^^^'"^
corporation generally, and all the powers formerly ^°'''''^ °^ ''^■
vested in the selectmen of the town of Boston, 1821, c. no,

§ 13.

either by the general laws of this commonwealth, 1852, c. 266.

. . 1870, c. 337.

by particular laws relative to the powers and
duties of said selectmen, or by the usages, votes,
or by-laAVS of said town, and all the powers sub-
sequently vested in the mayor and aldermen of
said city as county commissioners or otherwise,
shall be, and hereby are, vested in the board of

^ Under St. 1869, c. 72, allowing any city to do so, Boston has estab-
lished by ordinance the office of assistant city clerk, and by that statute
"any document or paper certified or attested by an assistant city clerk
shall be admissible in evidence in all courts of this commonwealth in
the same manner and to the same extent as if such document or paper
were certified or attested by a city clerk."

So also under Gen. St. c. 21, Boston has chosen "a person other than
the clerk to be registrar, who shall be sworn, and to whom all the pro-
visions of this chapter concerning clerks shall apply ; " that is, in regard
to births, deaths, and marriages. Ordinance of Sept. 9, 1850.
2



18 MUNICIPAL REGISTER.

aldermen, as hereby constituted, as fully and
amply as if the same were herein specially enu-
merated. A majority of the members of the
board shall constitute a quorum for the transac-
tion of business. Their meetings shall be public,
and the mayor, if present, shall preside, but with-
out a vote.
Common Sect. 34. Tlic pcrsoiis so chosen and qualified

council a • ■■- -'-

separate ^s mcmbcrs of the common council of the said
1821, c. 110, city, shall sit and act together as a separate body.
President, dlstluct from that of the board of aldermen, ex-
cept in those casef5 in which the two bodies are to
meet in convention; and the said council shall
have power from time to time to choose one of
their own members to preside over their delibera-
tions and to preserve order therein, and also to
Clerk. choose a clerk, who shall be under oath faithfully
to discharge the duties of his ofl&ce, who shall
hold such office during the pleasure of said coun-
cil, and whose duty it shall be to attend said
council when the same is in session, to keep a
journal of its acts, votes, and proceedings, and to
perform such other services, in said capacity, as
Sittings to said council may require. All sittings of the
Quoram! commou council shall be public; and a majority
18,2, c. 15. ^^ ^ij ^1^^ members of the common council shall

constitute a quorum for the transaction of business.
Powers of Sect. 35. All othcr powers (^except as herein-
1821, Clio' after noted as taTcen away hy law), heretofore by
1847, c. 262. law vested in the Town of Boston, or in the in-
1851, 0. 33T. i^abitants thereof, as a municipal corporation, or in



CITY CHARTER. 19

the city council of the City of Boston, shall be,


1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

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 1878) → online text (page 1 of 22)