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 1872) online

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BOSTON
PUBLIC
tlBRARY




i^iVCll ULl^ I K^ 1-\J i. '



All persons will be required to observe
tiie aVtove reo-ulatioiis.



LOUIS K. ROURKE.



Commissioner.



fe>21



MUNICIPAL EEGISTEE,



1873.



MIMCIPAL REGISTER:



CONTAINING



THE CITY CHARTER,



EULES MD OEDERS OF THE CITY COUNCIL,



LIST OF OFFICERS OF THE CITY OF BOSTON,



FOE THE YEAR 1S73.




BOSTON:

ItOCKl'WKIL.L &c CHXJriCIIILL, CITY I>I?,IlSrTEI£S,

122 "Washington Street.

1873.



Digitized by the Internet Archive

in 2010 with funding from

Boston Public Library



http://www.archive.org/details/municipalregiste1873bost



THE CITY CHAETER.



Section 1. The inhabitants of the city of corporate

powers.

Boston, for all the purposes for which towns and 1821, c. no,
cities are by law incorporated in this common-
wealth, shall continue 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, c^y gov-

ernment.

prudential, and municipal concerns of said city, iwd.
with the conduct and government thereof, shall
be vested in one principal ofiicer, to be styled the
mayor, one council of twelve persons, to be called
the board of aldermen, and one council of forty-
eight^ persons, to be called the common council,
which boards, in their joint capacity, shall be de-
nominated the city council, and also in such other
boards of officers as are hereinafter specified.

Sect. 3. It shall be the duty of the city ^^msion

into twelve

council, and they are empowered during the year wards.
1860, and whenever there afterwards they may

^ By the annexation of Eoxbury, this number was increased to sixty; and
by the annexation of Dorchester, to sixty-four. Sts. 1867, c. 359, § 7;
1869, c. 349, § 7.



6 BIUNIOIPAL EEGISTEE.

1821, Clio, deem it expedient, not oftoner than once in ten

§2.

1350, c. 167, years, to cause a new division of the city to be
^ ^' made into twelve wards, in such manner as to in-

Amended elude an equal number of voters in each ward, as
is6o,c.7. j^prjj.]y rjg convenieutly may be, consistently with
well-defined limits to each ward; and, until such
division be made, the boundary lines of the wards
shall remain as now established.^]
Annual Sect. 4. Tlic auuual meeting of citizens, for

meeting for ^^-^^ elcctiou of muuicipal officers hereinafter men-

the e:ection • ^

ofcityoffi- tioned, shall be held on the second Monday of

cers.

1S51, c. 167. December,^ and the citizens of said city qualified
is24,c.49. to vote in city afiairs shall foj\ the purpose of
such election then meet together within the wards
in which they respectively reside, at such hour
and place as the board of aldermen may by their
warrant direct and appoint; and the person re-
ceiving 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 de-
clared elected.
Certificates Sect. 5. Evcry person so chosen in any ward
to be fur- sliall, Avitliiu forty-cight hours of his election, be

' By the annexation of Roxbury, the number of wards was increased to
fifteen. And by the annexation of Dorchester, the number was again
increased to sixteen. Sts. 1867, c. 3o9, § 7; 1SG9, c. 349, § 5.

2 In accordance with the provisions of chap. 140 of the statutes of 1872,
accepted by the city council June 7, 1872, the municipal election now
occurs on the Tuesday after the second Monday.



CITY CHARTER. 7

furnished by the clerk with a certificate thereof, °'«^^'i-

•^ . _ 1867, c. 240.

signed by the warden, clerk, and a majority of
the inspectors, which certificate shall be presump-
tive evidence of the title of such person to the
ofiice therein mentioned.

Sect. 6. The municipal officers to be chosen commence-
ment of mu-
at the annual election shall enter upon the duties nidpaiyear.

of their respective offices on the first Monday of §2^'°^'^'

January.

Sect. 7. The qualified voters of said city shall. Election of

• 1 Tin ■wardofl-

at the annual meetmg, choose by ballot one war- cera.
den and one clerk and five inspectors of elections
for each ward, who shall be resident in said ward,
and who shall hold their offices for one year and
until others shall be chosen and qualified in their
stead.

Sect. 8. The ward officers mentioned in the ward cm-
preceding section shall respectively make oath l^l^l
faithfully and impartially to discharge their sev- ^^^^' "' ^^'^'
eral duties, which oath may be administered by the
clerk of such ward to the warden, and by the lat-
ter to the clerk and inspectors, or to all of said
officers by any justice of the peace for the county
of Sufiblk; and a certificate thereof shall be en-
tered in the record, to be kept by the clerk of the
ward.

Sect. 9. In case of the non-election of any Non-eiec-
ward officer at the annual meeting, adjournments officers.
may be had for the purpose of effecting such
election, in the same manner as is hereinafter pro-



8 MTXNIOrPAL REGISTER.

vided with regard to tlie election of members of

the common council.
Absence of Sect. 10. Li casc of tlic abscncc of any ward
cers. officer at any ward meeting, such officer may he
g3 '''■^ ' chosen pro tempore, by hand vote, and shall have
1845, c. 217, all the powers, and be subject to all the duties of

§3.

the regular officer at such meeting.
Power and Sect. 11. It shall bc tlic duty of the warden

duty of war- . . • ^ i

den. to preside at all ward meetmgs, with the powers

of moderators of town meetings. In case of his
absence, the clerk, and, in case of the absence of

the clerk, any inspector, shall preside, according

<

to seniority, until a warden shall be chosen, as pro-
vided in the preceding section.
Duties of Sect. 12. It shall be the duty of the clerk to

•ward clerk;\

1821, c. 110, make a fair and true record, and to keep an exact
*^' journal of all the acts and votes of citizens at the

ward meetings, and to deliver over such records
and journals, together with other documents and
papers held by him in his said capacity, to his suc-
cessor in office.
Duties of Sect. 13. It shall be the duty of the warden

warden and

inspectors, aud iuspcctors of each ward to receive, sort, and
§3. ' ' count, and of the warden to declare, all votes at

any election within such ward.
Duties of Sect. 14. It shall be the duty of all ward offi-
irrat^u cers, authorized to preside and act at elections of
elections, (.j^y officcrs, to attcud aud perform their respec-

1845, c. 217, J 7 X

§3. tive duties at the times and places appointed for

elections of any officers, whether of the United



CITY CHAETER. 9

States, state, city, or wards, and to make and sign
the regular returns of the same.

Sect. 15. The quahfied voters of said city Election of
shall, at the annual meetiog, be called upon to give 1821, c. no,
in their votes for one able and discreet person, ^^"
beino: an inhabitant of the city, to be mayor of seeG.s.

c. 7, § 14.

said city for the term of one year. All the ballots
so given in, in each ward, being sorted, counted,
and declared, shall be recorded at large by the
clerk in open ward meeting; and, in making such
declaration and record, the whole number of votes
or ballots given in shall be distinctly 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 majority of the inspectors of elections for
each ward, shall forthwith be transmitted or deliv-
ered by such ward clerk to the clerk of the city.
It shall be the duty of the city clerk forthwith 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
aldermen, or some other book to be kept for that
purpose.

Sect. 16. The board of aldermen shall, as Board of
soon as conveniently may be, within three days of ''^'^''™



aldermen to
amine re-



such election, meet together and examine all the *"™« °^

. -, , , 111 votes for

said returns, and they shall cause the person who mayor.
2



10 MimiCIPAL REGISTER.

1821, c. no, j^^j liave been elected major to be notified in

§5.

1830, e. 7, §2. Writing of liis 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 ofiice,
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.

Proceedings Sect. 17. "Whcncver, on examination by the

in case of no ni •

choice of board of aldermen of the returns of votes given
forrthe^" ^^^^ mayor at the meetings of the wards, h olden
commence- f^y |-|^g purposc of Glectiiig that ofiicer, last pre-

ment of the

municipal ccdlug tlic first Moiiday of January in each year,
1830,0.7, §1. 110 person shall appear to be chosen, the board of
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
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
president, in their respective chambers; and being
respectively organized, they shall proceed to busi-
ness in the manner hereinafter provided, in case
of the absence of the mayor; and the board of
aldermen shall forthwith issue their warrants for



CITY CnATlTER. 11

meetings of the citizens of the respective wards,
for the choice of a mayor, at such time and place
as they shall judge most convenient; and the same
proceeding 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.

Sect. 18. Whenever it shall appear, by the Proceedings
regular returns of the elections oi city omcers, mayor is
that a mayor has not been chosen, or that a full Jui^J^ar^of
board of aldermen has not been elected, such of ^Mermen is

not elected.

the board of aldermen, whether they constitute 1345,0.217,
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
proceedings shall be had and repeated, until the
election of a mayor and aldermen shall be com-
pleted, and all vacancies shall be filled in the said
board; and, in case neither a mayor nor any al-
derman 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 com-
mon council to issue his warrant, in the 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.

Sect. 19. The qualified voters of said city Election of
shall, at the annual meeting, be called upon to ''^'^"■°'*'''-



12 MUNTCIPAL REGISTER.

1821, c. no, g[YQ ijj their votes for twelve persons, being inhab-

§6.

itants of said city, to constitute the board of al-
dermen for the ensuing year, and all the votes so
given, being sorted, coonted, and declared by the
warden and inspectors, shall be recorded at large
by the clerk, in open ward meeting; and in mak-
ing such declaration and record, the whole num-
seeG. s. bcr of votcs or ballots given in shall be particu-

c-7, §14.

larly stated, together 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 ward, shall forthwith be
transmitted to the city clerk, whereupon the same
proceedings shall be had to ascertain and deter-
mine 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,
by the mayor or aldermen for the time being.
Election of Sect. 20. Thc qualified voters of each ward
3nd°Len. ^hall, at the annual election, be called upon to give
1821, c. no, jn their votes for four able and discreet men, beinof
inhabitants of the ward, to be members of the
common council for the ensuing year; and all the
ballots so given in, in each ward, being sorted,
counted and declared, a public declaration of the
result shall be made by the warden in open ward



CITY CIIARTEB. 13

meeting; and a record of such proceeding shall
be kept by the clerk in his journal, stating par-
ticularly the whole number of ballots given in, the
number necessary to make a choice, the number see g. a.
actually given for each person, the whole to be ' '
written in words at length.

Sect. 21. In case four persons are not chosen pr^eeedinga
at the first balloting in any ward, the meeting of i"'"'*^'*^'^'"'^

"^ is no choice

such ward shall be adjourned by the presiding of common

1 . councilmen.

officer, for the purpose oi filling such vacancies,
to a period not less than twenty-four nor more than
seventy-two hours distant from the hour when the
polls w^ere opened at the first balloting, the time
of adjournment within such limits to be deter-
mined by the warden, with the consent of a major-
ity of the inspectors who may be present when
such adjournment is had; and such notice shall city doc. 12,
be given of the time of such adjournment, and the
time the polls will be kept open, as the warden
may direct; and at such adjourned meeting a bal-
loting shall be opened for a number of common
councilmen sufficient to complete the number of
four, which shall be conducted, and its results be
declared and recorded, in the same manner as be-
fore prescribed for the first balloting.

Sect. 22. In case there shall still be vacancies same sub-
in the number of common councilmen in any^^''**
ward, adjournments of the meetings of the citi-
zens thereof, for the purpose of filling the same,
shall continue to be had in the same manner, to



11 MU:N'ICrPAL EEGISTER.

periods not less than twenty-four nor more than
seventy-two hours distant from each other, at all
of which the balloting shall be conducted, and
the result be declared and recorded in the same
manner as before prescribed, until the number of
four shall be duly chosen. And at all such ad-
journments the polls shall be kept open the same
number of hours as are required by the original
warrant.
Same sub- Seot. 23. If, at the close of the last legally

ject.

adjourned meeting, of any ward as aforesaid, pre-
ceding the first Monday in January, there shall
still be vacancies in the number of common coun-
cilmen for any ward, no further adjournment shall
be had; but a record of the fact, and of the num-
ber of such vacancies, shall be made by the clerk
of the ward in his journal, signed therein by the
warden, clerk, and a majority of the inspectors,
an attested copy of which record shall forthwith
be delivered by the clerk of the ward to the city
clerk, who shall lay the same before the common
council at their first meeting in January.
Board of ai- Sect. 24. Thc board of aldermen, the common
to l^dge'^tf council, and the school committee, shall have
elections, authoritv to decide upon all questions relative to

1821, c. 110, '^ ^ ^ ^

§7. the qualifications, elections and returns of their

respective members.
Vacancies Sect. 25. Wheuevcr it shall appear to the
Zlrlol- bo^i'<^^ of aldermen that there is a vacancy, by
ces. removal from the city, or by death, resignation,



CITY CHARTER. 15

or otherwise, in the board of aldermen, the com- ^^^s, c. 217,

§2.
moil council, the school committee,^ or in any of

the city and ward offices, it shall be the duty of

said board to issue their warrant in due form to

fill all such vacancies in each and all of said boards ,

and offices, at such time and place as they may !'

deem advisable ; and the same proceedings shall

be had, and adjournments, if necessary, w^ithin the

same limits as are herein prescribed for the annual

meeting- for the election of common councilmen.

But, in case of vacancies in the common council

and school committee, such warrant shall not be

issued until the board of aldermen receive official

information thereof.

Sect. 26. All city and ward officers shall be Removal of

■ . 1 . ,-^ f'ity or ward

held to discharge the duties of the offices to which officersfrom
they have been respectively elected, not withstand- Jg^g'^ ^''217
ing their removal after their election out 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 orgamza-
councilmen, on the first Monday in Januaiy, or be- coTni/'^
fore entering- on the duties of their offices, shall ^^^^' °" ^^"'

O ' §9.

respectively be sworn, by taking the oath of alle- 1824, c.49,
giance and oath of office prescribed in the consti-
tution of this commonwealth, and an oath to sup-
port the Constitution of the United States. And
such oaths may be administered to the mayor

'Modified by G. S. chap. 38, § 17.



16 . MUNICIPAL REGISTER.

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 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.

Absence of Sect. 28. lu casc of tlic uuavoidable absence,

mayor elect. , /? • i >i • /? > i

1830,0.7. §2. Oil account oi sickness or otherwise, oi the mayor
elect, on the first Monday in January, the city
government shall organize itself in the mode
hereinbefore provided in cases wherein no person
shall have been elected mayor at the meeting last
preceding the first Monday in January, and may
proceed to business in the same manner as if the
mayor were present.

Aldermen Sect. 29. Aftcr tlic orgaulzatiou of the city

to choose a

permanent govcrnmeut, aud the qualification of a mayor, and
c airman, y^^-^^^ ^^ quorum of the board of aldermen shall be
present, said board, the mayor presiding, shall
proceed to choose a permanent chairman, who
shall preside at all meetings of the board and at
conventions of the two branches, in the absence
of the mayor; and, in case of any vacancy in the



CITY CHARTEE. 17

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 hoard,
and shall not have the veto power.

Sect. 30. The mayor, aldermen, and common t-'ity ciei-k.

. . 1S21, c. no,

council in convention, in the month of January, §10.

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
discharge 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 th« acts and proceed-
ings of the board of aldermen, to sign all war-
rants issued by them, and to do such other acts
in his said capacity as may lawfully and reason-
ably be required of him; and to deliver over all
journals, books, papers, and documents entrusted
to him as such clerk to his successor in office, im-
mediately upon such successor being chosen and
qualified as aforesaid, or whenever he may be
thereunto required by the aldermen. The city
clerk thus chosen and qualified shall continue to
have all the powers and perform all the duties
now by law belonging to him.

Sect. 31. In case of a vacancy in the office vacancy lu

„ . office of city

01 City clerk, Irom any cause, the same shall be cierk.
3



18 MUNICIPAL KEGISTEE.

filled in the manner provided in the preceding
section.
Absence of Sect. 32. In casc of the temporary absence of
the city clerk, the mayor, by and with the advice
and consent of the board of aldermen, may ap-
point a city clerk i^ro tempore}
Power and Sect. 33. The administration of police, to-
wd of ai- gether with the executive powers of the said cor-
^^^^^' -, poration generally, and all the powers formerly
§13- vested in the selectmen of the town of Boston,

1852, c. 206.

either by the general laws of this commonwealth,
by particular laws relative to the powers and
duties of said selectmen, or by the usages, votes,
or by-laws of said town, and all the powers sub-
K.S.C.24, seqnently vested in the mayor and aldermen of
Ibid, c. 14 ®^i^^ <^*it3^ ^® county commissioners^ or otherv/ise,
'^'^^- shall be, and hereby are, vested in the board of

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 pub-
lic, aud the mayor, if present, shall preside, but
without a vote.
Common Seot. 34. Tlic pcrsous so chosen. and quali-
separate ficd as mcmbcrs of the common council of the said
182/ c. no c:ity shall sit and act together as a separate body,
^"' distinct from that of the board of aldermen, ex-

'For authority to appoint an assistant city clerk, see Stat. 18G9, c. 32.
» Modified by chap. 337 of Statutes of 1870.



CITY CHARTER. 19

cept in those cases in which the two bodies are to isgt, c 359,
meet in convention; and the said conncil shall isgo, c. 349.
have power from time to time to choose one of their ^^'"'^"^'"'^
own members to preside over their dehberations
and to preserve order therein, and also to choose
a clerk, who shall be under oath faithfidly to c^erk.
discharge the duties of his office, who shall hold
such office during the pleasure of said council,
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 said
council may require. All sittings of the common sittings to
council shall be public; and a majority of all the Quorum!'
members of the common council shall constitute ^^^^' "^ ^^*
a quorum for the transaction of business.

Sect. 35. All other powers heretofore by law p°^^"«^

city council.

vested in the town of Boston, or in the inhabitants 1821. c. no,
thereof, as a municipal corporation, or in the city 1347^ c. 252.
council of the city of Boston, shall be and hereby ^^^^' "' ^^^"
are continued to-be vested in the mayor, alder-
men, and common council of the said citj^, to
be exercised by concurrent vote, each board as
hereby constituted having a negative upon the
proceedings of the other, and the mayor having
I veto power as hereinafter provided. More By-iaws.
especially, they shall have power to make all
)uch needful and salutary by-laws or ordinances,
not inconsistent with the laws of this common-
wealth, as towns by the laws of this com-



2Q MUNICIPAL REGISTER.

monwealtli htive power to make and establish,
and to annex penalties not exceeding fifty dollars


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

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