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 1886) online

. (page 1 of 26)
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 1886) → online text (page 1 of 26)
Font size
QR-code for this ebook


isi,


MM ^5C«3keiis^^\nP f~^ '


_t£_Li__j__ _j '^l N■^



)>&i^




BOSTOTSI

PUBLIC

UBl^RV



k*?!



Digitized by tine Internet Arciiive

in 2010 witii funding from

Boston Public Library



http://www.archive.org/details/municipalregiste1887bost




C-^^-^r^"' /n^




MUNICIPAL REGISTER:



CONTAININS



THE CITY CHARTER



EULES AND ORDEES OF THE CITY COUNCIL,



LIST OF OFFICERS OF THE CITY OF BOSTON,



FOR THE YEAR



188?.




BOSTON:
EOCKWELL AND CHURCHILL, CITY PRINTERS,

No. 39 ARCH STREET.

18 8 7.



MUNICIPAL REGISTER,



1887.



The Municipal Register was first issued in 1841, in whicli year it
appeared as a City Document of 104 pages. Its contents were : Rules
and Orders of the Common Council ; Joint Rules ; Ordinances of the
City ; Statutes of the Commonwealth relating to the City ; City Govern-
ment of 1841, witli 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 published annually. In 1848 a list of -
members of preceding city governments was added, with a neci'ologi-
cal record. During a number of years it was also customary to publish
in this volume the ordinances enacted during the year pi'eceding, and
the special statutes relating to the City of Boston. In 1876 statistics
of registration 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 establishment of the town of Boston elates
from the passage of the order of the Court of
Assistants on the 17th September (7th, O. S.),
1630, " that Trimountain shall be called Boston."
The first city government was organized on the
Ist 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. 1816,
c. 95), and annexed to Boston 6th Jan., 1868
(St. 1867, c. 359; accepted 9th Sept.). Dorches-
ter was named by the Court of Assistants in the
same order in which Boston was named; and it
retained its town organization until annexed to
Boston on the 3d Jan., 1870 (St. 1869, c. 349;
accepted 22d June). Charlestown was founded
4th July, 1629; incorporated as a city in 1847
(St. 1847, c. 29) ; annexed to Boston, 5th Jan.,
1874 (St. 1873, c. 286; accepted, 7th Oct.).
West Koxbury was incorporated as a town on
the 24th March, 1851 (St. 1851, c. 250);
annexed to Boston on 5th Jan., 1874 (St.
1873, c. 314; accepted, 7th Oct.). Brighton
was incorporated as a town in 1806 (St. 1806,
c. 65) ; annexed to Boston on the 5th Jan.,
1874 (St. 1873, c. 303; accepted, 7th Oct.).



A CODIFICATION

OF THE

CITY CHARTER OF 1854

AND STATUTES AFFECTING THE SAME;

ALSO THE

AMEJSTDMEl^TS OF 1885.



The first act of the Legislature of JNIassachnsetts establishing the
City of Boston was passed Februar}'- 23, 1822, and adopted by the citi-
zens of Boston, March 4, 1822. It is chapter 110 of the acts of 1821.
The j)resent city charter, being a revision of the former one, was
passed April 21), 1854, and adoiDted hj the citizens, jSTovember 13,
1854. It is chapter 418 of the acts of 1854. The charter herewith
presented is a codification of the original enactment of 1854 and the
general and special acts since then adopted. The numbering of the
sections, xip to and including section 65, is the same as in Stat. 1854,
chap. 448, the principal features of the more important acts estab-
lishing departments and institutions being given in sections num-
bered from 66 onward. Marginal references indicate corresponding
sections in tlie first charter of 1822. Where the pi'o visions of the act
of 1854 have been amended or supplemented by subsequent legisla-
tion, the text gives the section as amended, with reference in the
margm to the amendatory statute. The language of the original
charter is retained as far as practicable. Sections 66-79 are marked
" additional," and are intended to show the variations made by special
laws which have either suspended the general power to establish all
necessary offices, or have treated of matters not included in the
main charter. The changes made by Stat. 1885, chap. 266, are
expressed in the text wherever possible ; but that act covers so
much new ground that it is also given entire ; also the " Act to limit
the Municipal Debt and the Hate of Taxation in the City of
Boston," being chap. 178 of the acts of 1885.

Sections in pica are unchanged from the text of 1854, except
§§ 25 and 60. Words in italics show verbal changes. Sections in
small pica give the presumed state of the charter as aflected by sub-
sequent legiskxtion.

coi-porate Sectio^ 1. TliG inhabitants of the Cit}^ of

powers.

1821, c. no, Boston, for all the purposes for which towns and



CITY CHARTER. 7

cities are by law inco/porated in this common-
wealth, shall continne to be one body politic, in
fact and in name, under the style and denomina-
tion of the City of Boston; and, as such, shall
have, exercise, and enjoy all the rights, immuni-
ties, powers, and privileges, and shall be subject
to all the duties and obligations now incumbent
upon and appertaining to said city, as a municipal
corporation.

Sect. 2. The administration of all the fiscal, <^'*y&°y-

' ernraent.

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
the board of aldermen, and one council of seventy- is^s, c. 243,
two 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 speci-
fied.

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

into wards.

they are empowered during the year 1875, [and each iwd., § 1.
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 maybe consistently with
Tvell-defined limits to each -ward.J^ In the year 1886, as Division of

. . , . wards into

soon as practicable after the division of the city into new precincts.

1878, c. 243.

1879, c. 163.
1 Sec opinion of Supreme Court in 1886](142 Mass. Rep., p. 601). This leaves
the question of the reclivision of wards undecided. As to the division into pre-
cincts, the law is also iudclinite.



8 MUN^ICrPAL REGMSTER.

See 1886, warcls, and every fifth year thereafter, the said wards shall
also 1886. c. be divided by the board of assessors of taxes into voting

283

precincts on the basis of the registration of voters in
the preceding year ; each precinct consisting of compact
and contiguous territory within said ward, and contain-
ing as nearly as may be 500 registered voters.
Annual Sect. 4. The annual meeting- of citizens, for

meeting for

the election the elcction of municipal officers hereinafter men-

of city

officers. tioned, shall be held on the Tuesday next following

1824 c. 49

P. s'., c. t! the second Monday of December, and the citizens
of said city qualified to vote in city affairs shall,
for the purpose of such election, then meet to-

1878, c. 243. gether within the voting 2J?'fcmcfe in which they
respectively are entitled to vote, at such hour and
place as the board of aldermen may by their war-
rant 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 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 number of votes, shall be declared elected.
[Sect. 5, relating to certificates of election to be fur-
nished by the ward officers, is rendered void by chap.
243, acts of 1878. J

Commence- Sect. 6. Tlic muuicipal officers to be chosen at

ment of mu- ,

nicipai year, the aunual clcctiou shall enter upon the duties of

1824 c. 49

§2.' ' their respective offices on the first Monday of

January.
Precinct Sect. 7. The mayor at some time between the first

1884,0.299, and the twentieth day of September in each year shall,
^^" with the approval of the board of aldermen, appoint for



CITY CHAETEK. 9

each voting precinct one warden, one deputy warden,
one clerk, one deputy clerk, two inspectors and two
deputy inspectors, qualified voters in the ward of which
each precinct forms a part, men of good repute and
standing, who shall equally represent each of the two
political parties which cast the largest number of votes
in the Commonwealth at the annual election next preced-
ing their appointment. The warden and one inspector
shall be of a different political party from the clerk and
other inspector, and each deputy shall be of the same
political party as his principal. Each of said officers Term of

ofl3.ce.

shall hold office for one year from the first day of No- i884, c. 299,
vember in the year in which he is appointed, and until a
successor is appointed and qualified or he is removed.
Any one of said officers may be removed at any time by Removal.
the mayor for such cause as he shall deem sufficient and §§ 1, 12.
shall assign in his order for removal.

Said election officers shall receive such reasonable compensa-
compensation for each day's actual service as the city issi, c. 299,
council may from time to time determine. ^^'

No person shall be elio-ible to the position of election Candidates

^ . . ^°t eligible.

officer in any precinct where he is a candidate to be iwd.
voted for, and whenever any person appointed as afore-
said becomes such candidate he may, upon petition
therefor, be removed by the mayor not less than three
days before any election.

Sect. 8. The said wardens, clerks, and inspectors Precinct

ofliicers to

shall respectively make oath faithfully and impartially to be sworn.
discharge their several duties, which oath may be admin- § 4. ' '
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
the peace ; and a certificate thereof shall be entered in
the record to be kept by the precinct clerk.



10 MUNICIPAIi KEGISTER.

Vacancies. Sect. 9. Ill case of aiiv vacancy occurring before the

1884, 0. 299, „ ^^ , . . . , p

§ 7. first day of iNovember, m any year, or in case either oi

said officers shall decline to act, and shall give notice
thereof to the city clerk on or before said first day of
November, the mayor, with the approval of the board of
aldermen, shall appoint some person qualified as aforesaid
to fill said office ; and in making such appointment it shall
be his duty to preserve in the precinct offices the just and
equal representation of the two leading political parties.
Every person so appointed shall be sworn to the faithful
discharge of his duties.

1885, c. 266, Every nomination made by the mayor under this sec-
tion and section 7 shall be acted on by the board of
aldermen not less than one week nor more than ten days
after it shall havei been made.

Deputy pre- Sect. 10. Ill casc of a vacancy in the office of warden,.

cinct offi-
cers, clerk, or inspector of a precinct on the day of any election,

57 '"■ ' the person appointed as deputy of said warden, clerk, or
inspector shall act in his place, and shall have the same
powers and be subject to the same duties and liabilities
as the officer for whom he acts. No deputy precinct
officer shall have power to act in any official capacity, or
while the polls are open or during the counting of the
votes be admitted to the space reserved for the precinct
officers, except while filling a vacancy as aforesaid; and
he shall receive no compensation except for attendance
at the opening of the polls or for services while acting
for the officer whose place he fills.

Officers pro In case the warden and deputy warden, or the clerk
and deputy clerk, or one of the inspectors and his deputy
are absent at the time designated for the opening of the
polls on the day of any election, a suitable person shall
be elected by the voters of said precinct, by nomination
and hand vote, with full power to act for the time being



tem



CITY CHAETER. 11

in place of the absent officer, and before entering upon
the performance of his duties he shall be sworn by the
warden or clerk, or, in the absence of both of said officers,
by a justice of the peace to the ftiithful performance
thereof.^

Sect. 11. The warden shall preside at all meetings of Powers of
his precinct, and shall have the powers of moderators of istg, c. 246,
town meetings. In case of his absence, the clerk, and, ^g^g ^ 243,
in case of the absence of both warden and clerk, one of § ^•
the inspectors, according to seniority in age, shall pre-
side until a new warden has been chosen.

Sect. 12. It shall be the duty of the clerk to make Duty of
and keep a fair and true record of all meetings, and atii3id.,§8.
the close of the municipal year to deliver such record , ^^2^' "■ ^^^'
together with all other documents and papers held by him
in his said capacity, to the city clerk, by whom such of
them as need be shall be transmitted to the next precinct
clerk.

Sect. 13. It shall be the duty of the warden duties of

warden and

and inspectors of each jwecinct to receive, sort, inspectors.

1821, c. 110,

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

at any election within suohjprecinct; and the clerh isre, c. 246.

may assist in assorting and counting the votes.

Sect. 14. It shall be the duty of all precinct Duties of

. ward ofli-

officers hefore named to attend and perform then' cers at an
respective duties at the times and places appointed isia, c. 217,
for elections of any officers, whether of the United ^ ^'

'' , 1884, c. 299.

States, state, district, county, city, orioard, or for ^i.

1 Supervisors of Elections. Chapter 299 of the acts of 1884 also provides
that the governor shall, upon the petition in writing of ten qualified voters of
the city, presented to him at least fourteen days before any election of state,
district, county, or municipal officers, appoint, by and with the advice and con-
sent of the council, for each voting precinct named in said petition, two citizens,
residents of said city, one from each of the two leading political parties, to act
as supervisors at the said election, with duties prescribed by statute.



12 MITNTCIPAI. REGISTER.

18^6,0.246, ^j^^ determination of any question siibmittecl to the
qualified voters hy lavoful authority ; and to make
and sign the regular returns of the same.

Election of Sect. 15. The qualified voters of said city shall,

mayor.

1821, c. no, at the annual meeting, be called upon to give in

§ 5. ^

seeP. s. 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
in open precinct meeting ] and in making such
declaration and record the whole number of votes
or ballots given in shall be distinctly stated, to-
gether with the name of every person voted for,
and the number of votes given for each person
respectively, and the title of the office for which he

18S4, c. 299, ^-g jjroposed, together with the number of Uank votes
for each office, such numbers to be expressed in
words at length, and a transcript of such record,
certified and authenticated by the warden, clerk,
and the inspectors of elections, for each precmcif,
shall forthwith be transmitted or delivered by
such 2^^^Gcinct 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 proceedings of the board
of aldermen, or some other book to be kept for
that purpose.

Examina- Sect. 16. Tlic board of aldermen shall, as soon

tion of re- .

turns of as conveniently may be, after six days next follow-



CITY CUABTEE. 13



votes for
mayor.



ing such election, meet together and examine all

the said retm^ns, and they shall cause the person ^^f' "■ ^^°'

who may have been elected mayor to be notified, i^^*- <=• ^^o.

^ ^ § 32.

in writing, of his election ; but if it shall appear
by said returns that no person has been elected,
• or if the person elected shall refuse to accept the
office, the board shall issue their warrants for a
new election, and the same proceedings shall be
had as are provided 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 ^'°°®^'^'i'^^

' "^ in case of no

board of aldermen of the returns of votes given for ''^°^'''' "f

mayor be-

mayor at the meetings of the precincts holden for fore the

^ ^ commence-

the purpose of electing that officer, last preceding ment of the

-» /r T n T- • 1 municipal

the nrst Monday of January ni each year, no per- year.
son shall appear to be chosen, the board of alder- §§'i,'4.'
men, 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 clerk
to produce and read, on the ffi'st Monday of Janu-
ary,' in the presence of the members returned to
serve as aldermen and common councilmen ; and
the oaths prescribed by law may be administered
to the members-elect. The members of the board
of aldermen shall thereupon proceed to elect a
chaii'man, and the common council a president, in
their respective chambers; and, being respectively
organized, they shall proceed to business in the

1 See Stat. 1884, c. 299, §^ 29, 31 , 32, for proceedings wliere a recount of ballots
is demanded ; also Stat. 1883, c. 42.



14 MIWICrPAIi REGISTEK.

manner hereinafter provided, in case of the absence
of the mayor- and the board of aldermen shall
forthwith issue their warrants for meetings of the
citizens of the respective wards, for the choice
of a mayor, at such time and i3lace 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 shall be duly chosen.
Proceedings Sect. 18. Wheucvcr it shall appear, by the

m case no ± i 7 .y

mayor is reofular returns of the elections of citv officers,

chosen, or a *— ' ^ '

full board of that a mayor has not been chosen, or that a full

aldermen is

Dot elected, board of aldermen has not been elected, such of
the 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
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.

Aidermaiiic Sect. 19. Tlie Citv of BostoD is hereby divided into



CITY OHAHTEK. 15

twelve aldermanic districts, and wards one and two shall districts.

' 1884, c. 250,

constitute one district, to be known as the first alder- § i.
manic district ; wards three, four, and five shall consti-
tute one district, to be known as the second aldermanic
district; wards six, seven, and eight shall constitute one
district, to be known as the third aldermanic district ;
wards nine and ten shall constitute one district, to be
known as the fourth aldermanic district ; wards eleven
and sixteen shall constitute one district, to be known as
the fifth aldermanic district ; wards twelve and thirteen
shall constitute one district, to be known as the sixth
aldermanic district ; wards fourteen and fifteen shall con-
stitute one district, to be known as the seventh alder-
manic district ; wards seventeen and eighteen shall
constitute one district, to be known as the eighth alder-
manic district ; wards nineteen and twenty-two shall
constitute one district, to be known as the ninth alder-
manic district ; wards twenty and twenty-one shall
constitute one district, to be known as the tenth alder-
manic district ; wards twenty-three and twenty-five
shall constitute one district, to be known as the eleventh
aldermanic district ; and ward twenty-four shall con-
stitute one district, to be known as the twelfth alder-
manic district.

It shall be the duty of the city council after any new i^e-division.

•^ "^ "^ 1884, c. 250,

division of said city into wards, ^ to cause a new division §2.
of the city to be made into twelve aldermanic districts,
in such manner as to include in such districts whole and
contiguous wards (except so far as the same may be
separated by natural water-channels connected by bridge
or bridges) , and an equal number of voters and inhabi-
tants as nearly as convenience permits.

^ See note on § 3 ante.



16 MUl^ICIPAL EEGISTEK.



Election of
aldermen.



The qualified voters of said aldermanic districts
1821, Clio, g]-jg^]]^ ^^ ^j-^g annual meeting, be called upon to
1884,0.250, giyg in their votes for one ahle and discreet person,
being a legal voter and an inhabitant of the dis-
trict, to he a member of 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 open 'precinct meeting ; and, in making such dec-
laration and record, the whole number of votes or
ballots given in shall be particularly stated, to-
gether with the name of every person voted for, and
the number of votes given for each person ; and a
transcript of such record, certified by the warden
and clerk 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 each alderman
so chosen shall be duly notified, in writing, of his
election, by the mayor and aldermen for the time
being.
1884, c. 250, ^ new election shall be ordered in any such district,

§ 3. _

in case of any failure by such district to elect an alder-
man as herein provided, or in case of any vacancy by
death, resignation, or other cause.
Common Sect. 20. The qualified voters of each ward shall

coimcll. ^

1875,0.243, annually at the municipal election bring in their votes in
1876,0.225, their respective precincts in such ward, for three able
1878 c 243 ^"^^ discreet men, qualified voters and inhabitants in said
§§ 1. 4. ward, to be members of the common council for the



CITY CHARTEli. 17

ensuing year; and all the ballots so given in, in each
precinct, 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, that at the municipal election i^^'^- °- 2^2>

§ 3.

in 187G the qualified voters of ward twenty-two shall carry
in their votes for two men, qualified as aforesaid, to be
members of the common council for the ensuing year, and
at said election the voters of ward twenty-five shall carry
in their votes for one man to be a member of the council
for the ensuing year. At the municipal election next
succeeding, ward twenty- two shall be entitled to elect



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 1886) → online text (page 1 of 26)