LAWS AND ORDINANCES OF THE CITY OF WORCESTER. 1 880. WORCESTER: PRESS OF SNOW, WOODMAN & COMPANY, 47 MAIN STREET. UNIVERSITY OF CALIFORNIA ANDREW SMITH HALLIDIE: L AWS AND ORDINANCES OF THE CITY OF WORCESTER. 1 880 WOKCESTER : PRESS OF SNOW, WOODMAN & COMPANY, 47 MAIN STREET. f0 PREFACE. IN preparing, for publication, the laws and ordinances of the City of Worcester, the committee of the city council, having the matter in charge, have decided to present, in connection therewith, such, only, of the acts of the Legislature, as seemed to be of special and permanent interest. As a matter of historical interest, how- ever, they have included the Act of June 14, 1722, incorporating the town of Worcester, and a list of all members of the city council since the incorporation of the city. The foregoing, together with the rules and orders of the city council, and of the two branches thereof, comprise most of the matter that it has been deemed advisa- ble to include in the present compilation. In carrying out the details of this plan, it will be observed that much of the material included in the revision of 1867 has been omitted, but, as copies of that work are still readily accessible, it is not believed that any incon- venience will result therefrom. In all matters pertaining to the powers and duties of municipal governments, reference must often be had to the Statutes of the Commonwealth, as well as to the decisions of the Supreme Judicial Court relative thereto. While not undertaking the . preparation of a digest of these statutes, or of the numerous judicial decisions thereon, the committee have endeavored, by suitable references, to 116887 IV. PREFACE. indicate wherein the city charter and other special laws have been modified by subsequent legislation. To some extent, also, they have endeavored to show the authority under which the various ordinances of the city have been passed by the city council. Further than that, especially in view of the fact that a commission is now engaged in a revision of the general laws of the State, the committee have not considered it necessary or desirable to furnish additional notes and references for publication. FRANK H. KELLEY, HENRY A. MARSH, GEORGE F. HEWETT. OLIVER P. SHATTUCK, SAMUEL. A. PORTER, FRANCIS PLUNKETT, ALBERT. S. BROWN. CONTENTS. Acts Printed. See Index, Title, Acts Printed, ORDINANCES AND ORDERS. PACK. ACCOUNTS, ... . . . . . . . 132 ASSESSORS, . . - . . . . . . . 97 AUDITOR, . .. . . . . . . .99 BUILDING AND NUMBERING, . . . . . . 104 BY-LAWS AND ORDINANCES, . . . . . .104 CAMPHENE, &c., . . . . . . . . 168 CENTRE OF THE CITY, . . . . . . . . 245 CITY DOCUMENTS, . . . . ' .. . , . '. . . 105 CITY HOSPITAL, . . . . . . . 106 CITY OFFICERS, . . . . . . . . 108, 286 CLERK, . . . . . . . . . .112 COMMISSIONER OF HIGHWAYS, . . . . . .113 COMMISSIONERS OF HOPE CEMETERY, . . . . .117 COMMISSIONERS OF THE JAQUES FUND AND OTHER FUNDS OF THE CITY HOSPITAL, . . . . . . . . .118 COMMISSIONERS OF PUBLIC GROUNDS, &c., ..... 122 COMMISSIONERS OF THE SINKING FUNDS, ..... 188 CONTRACTS, . " . . . . . 123 CONSTABLES, . . . . . . . .123 DEEDS, . . . . . . . . 126 DOGS, . . . . . . . . .127 ENGINEER, * . . . 129 FENCE VIEWERS, . . . . . . .131 FINANCE COMMITTEE, . . . . . . .131 FIREARMS, ,-.-....... 133 VI. CONTENTS. PAGE. FIRE DEPARTMENT, . . ' . . . . . . 134 FIRE LIMITS, . ... . . . . .142 FIREWORKS, &c., . . . . . . . .148 FREE PUBLIC LIBRARY, . . . . . . .150 GENERAL PROVISIONS, . ; ." . . . . .233 HACKNEY AND OTHER CARRIAGES, . .* . , . . 152 HAY, &c., . . . . . . .196 HEALTH, . . . . . . . . .157 INDEX, ..... i .... 289 INSPECTOR OF MILK, . . . . . . . .164 JUNK, &c., . . . . . . . .167 KEROSENE, . . . . . . .169 LAMPS, .......... 162 LAYING OUT STREETS, ........ 199 MILK INSPECTOR, . . . ... . . . 164 MEASURERS, . . . . . .... .197 MESSENGER, . . . . . . , . . 163 MORTGAGES, . . . . .... . . 126 OFFICERS ELECTED, . . . . . .',.-. 108, 286 ORDINANCES, . . . . . J . . . . 104 ORDER ESTABLISHING THE CENTRE OF THE CITY, . . , . 245 OVERSEERS OF THE POOR, . . . , . .165 PAWNBROKERS, . . . . . . . . 167 PETROLEUM, &c., . . . . . .. . .169 PHYSICIAN, ......... 171 POLICE, . . . . .... . . .172 POUND KEEPERS, . . . . . . . . 177 PUBLIC GROUNDS, . . . . . . f ; . 178 PUBLIC LIBRARY, ........ 150 RULES OF THE ALDERMEN, . , : . * . . . 273 RULES OF THE CITY COUNCIL, ...... 265 RULES OF THE COMMON COUNCIL, ...... 276 SCHOOLS, . . . , . . . .179 SEAL OF THE CITY, . . . . . . . .181 SEALER, .......... 181 SEWERS, ......... 182 SIDEWALKS, ......... 185 CONTENTS. Vll. PAGE. SINKING FUNDS, . . ' .- . . .188 SOLICITOR, . . . . . . .193 STABLES, ......... 195 STANDS FOR HAY, &c., . . . . . . . .196 STATUTES ADOPTED, . . . . . . . .246 STATUTES PRINTED. SEE INDEX, TITLE ACTS PRINTED, STREETS, . . . . . ' . . 199-202 SUPERINTENDENT OF PUBLIC BUILDINGS, . . . ' . .216 SUPERINTENDENT OF PUBLIC SCHOOLS, . . . . . 179 SUPERINTENDENT OF SEWERS, . . . , .. . 182 TREASURER, . . . . . . ... 219 TRUANTS, . . . . . . - . .222 TRUSTEES OF THE CITY HOSPITAL, ...... 106 UNDERTAKERS, . . . . . . . . . 223 WARDS. , . . . ... . ... 237 WARRANTS FOR MEETINGS, ....... 225 WATER, .......... 228 WATER COMMISSIONER, . . . . . . 228 WATER COMMITTEE, ........ 228 WATER REGISTRAR, ........ 228 WEIGHERS, ......... 197 WOOD, &c., . . . . . . . . . 196 TOWN OF WORCESTER. IN THE REIGN OF KING GEORGE I. AN ACT TO INCORPORATE THE TOWN OF WORCESTER, Passed at a Great and General Court or Assembly for his Majesty s Provinces of the Massachusetts Bay in New England, begun and held at Boston, upon Wednesday the thirtieth day of May, 1722, being called by his Majesty's writs. * Resolved, That the inhabitants of Worcester be inhabitants vested with the vested with the powers and privileges of other towns p wersand P rivi - leges of towns. within this Province ; and that it be earnestly recom- mended to that Council only of the seven churches which did meet at Worcester in September 1721, to whom the contending 1 parties submitted their differ- council of the seven churches ences relating to the Rev. Mr. Andrew Gardner, that recommended to go to Worcester the said council proceed and go to Worcester on or to establish peace among the inhab- before the first Wednesday in September next, to fonts, finish what is further necessary to be done for the procuring and establishing of peace in the said town, 2 TOWN OF WORCESTER. Freeholders and according to the submission of the parties ; and that inhabitants to as- semble to choose the Freeholders and inhabitants of Worcester be town officers. assembled on the last Wednesday in September next, at ten o'clock in the forenoon, to choose all town offi- cers as by law accustomed for towns to do at their annual meeting in March ; and that, at the opening of the meeting, they first proceed to the choice of a Moderator by written votes. June i4th, 1722. Consented to, SAM'L SHUTE, Governor ..CITY CHARTER. ^ _ - -r U F '" ' ' [STATUTE 1866, CHAPTER 199.] AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF WORCESTER. Be it enacted, &c,, as follows: SECT. i. The inhabitants of the City of Worcester inhabitants to shall continue to be a body politic and corporate, ponded 130 under the name of the City of Worcester, and as 00 ' such shall have, exercise and enjoy all the rights, immunities, powers and privileges, and shall be sub- ject to all the duties and obligations now incumbent upon, and appertaining to, said city as a municipal corporation. SECT. 2. The administration of all the fiscal, Government: mayor, aldermen prudential and municipal affairs of said city, with the and common council. government thereof, shall be vested in one principal officer, to be styled the mayor; one council of eight, to be called the board of aldermen ; and one council of twenty-four, to be called the common council, which boards, in their joint capacity, shall be de- nominated the city council ; and the members thereof CITY CHARTER. snail be swom. gj^ be sworn to fa Q faithful performance of tlie duties of their respective offices. A majority of each board shall constitute a quorum for the transaction Quorum. of business, and no member of either board shall receive any compensation for his services. 1 wards of city, SECT. 3. It shall be the duty of the city council, iiah in ' 75 , and "in the year eighteen hundred and seventy-five, and in y> every tenth year thereafter, and not oftener, to revise, and if it be needful, make a new division of the city into eight wards, so that they shall contain, as nearly as may be consistent with well defined limits to each ward, an equal number of voters in each ward according to the census to be taken in the month of t May in said years ; and until such new division be Existing wards to J J made, the boundary lines of the wards shall remain as now established. Annual election. SECT. 4. The election of city and ward officers shall take place on the second Monday of December 2 Municipal year. Q |- ^^ y ear> anc j ^g municipal year shall begin on the first Monday of January following. Election of ward SECT. 5. On thesecond M ond ay of December, 2 annually, there shall be chosen by ballot, in each o 1 For provisions concerning contracts with the city, see St. 1875, chap. 232. 2 By St. 1874, chap. 376, sec. 53, the municipal election is now held on the Tuesday next after said second Monday. For School Committee, see note 2, sec. 26. officers. CITY CHARTER. 5 said wards, a warden, clerk, and three inspectors of elections, 1 residents of the wards in which they are chosen, who shall hold their offices for the municipal year next following, and until others shall have been chosen in their places and qualified to act ; and in case of a failure to elect any one or more of said officers at the annual meeting of any of said wards, then said ward meetings may be adjourned from time Adjournment of meetings in case to time, until such election is completed. It shall be offailure - the duty of such warden to preside at all ward meet- ings, .with the powers of moderator of town meetings. And if, at any such meeting, the warden shall not be present, the clerk of such ward shall call the meeting- to order, and preside until a warden firo Presidin s officers * at ward meetings. tempore shall be chosen by ballot. And if, at any meeting, the clerk shall not be present, a clerk pro- tempore shall be chosen by ballot. The clerk shallcierkofward, record all the proceedings, and certify the votes given, and deliver over to his successor in office all such records and journals, together with all other documents and papers held by him in said capacity. i By St. 1877, chap. 209, (accepted by the city October I5th, 1877,) the mayor and aldermen shall, before the first day of November in each year, elect for each ward of the city one inspector of elections, who shall be a qualified voter and an inhabitant in such ward, and shall hold office for three years from the first day of November then next succeeding, and may be removed by a two-thirds vote of the board of aldermen. They shall perform such duties as are required of inspectors of elections under existing laws, but the voters still elect inspectors. CITY CHARTER. Inspectors. Oaths of ward officers. Certificates of oath. It shall be the duty of the inspectors of elections to assist the warden in receiving, assorting and counting the votes. And the warden, clerk and inspectors so chosen shall respectively make oath faithfully and impartially to discharge their several duties relative to all elections, which oath may be administered by the clerk of such ward to the warden, and by the warden to the clerk and inspectors, or by any justice of the peace for the county of Worcester. A cer- tificate that the oath has been taken shall be entered upon the records of the ward by the clerk thereof. Warrants for meetings. SECT. 6. All warrants for the meetings of the citizens for municipal purposes, to be held either in wards or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, 1 and shall be served, executed and returned in .such man- ner and at such time, as the city council may by any by-law direct. ward rooms, SECT. "] '. The mayor and aldermen are authorized, when no convenient ward room for holding ward meetings of the citizens of either of the wards of the city can be had within the territorial limits of such i For warrants for election of representative to General Court see St. 1874, c. 376, sec. 24. For national, state, district and county officers, see Sees. 19- 20, For all elections see St. 1878, c. 233. CITY CHARTER. ward, to appoint and direct, in the warrants for calling the ward meetings of such wards, the said meetings to be held in some convenient and prox- imate place within the limits of any other of the wards of said city ; and, for such purposes, the place so assigned for the meeting of such ward shall be deemed and taken to be included in and part of said ward, as though the same was within the territorial limits thereof. SECT. 8. The mayor shall be elected by the Mayor, how ..-'. r , . , . ... chosen and qualified voters of the city at large, voting in their tenure, respective wards, and shall hold his office for the municipal year next following his election, and until another shall be elected and qualified in his place. [SECT. 9. Eight aldermen, one alderman being selected from 1 Aldermen, n each ward, shall be elected by the qualified voters of the city at 1 **' how chosen J J and tenure. large, voting in their respective wards, who shall hold their offi- ces for one year from the first Monday of January next follow- ing their election, and until a majority of the new board shall be elected and qualified in their places. SECT. 10. Three common councilmen shall be elected from 1 c and by the voters of each ward, who shall, at the time of their election, be residents of the wards respectively in which they are elected, and shall hold their offices for one year from the first Monday of January next following their election.] * i Superseded by sees. 38 and 39. See sec. 42. 8 CITY CHARTER. Annual election .- SECT. 1 1 . Onthesecond Monday of December ' an^councn^en? annually, the qualified voters in the several wards shall give in their votes by ballot for mayor, aldermen and common cOuncilmen, in accordance with the provisions of this act ; and all the votes so given shall be assorted, counted, declared and recorded in open ward meeting by causing the names of persons voted for, and the number of votes given for each, to be written in the ward record at length. The certificates of clerk of the ward, within twenty-four hours after election, duties of i t 11111- i i i s. such election, shall deliver to the persons elected members of the common council, certificates of their elections, respectively, signed by the warden and clerk, and by a majority of the inspectors of elections, and shall deliver to the city clerk a copy of the record of such elections, certified in like manner ; provided, however, that if the choice of members of Proviso. the common council shall not be effected on that day, in any ward, the meeting in such ward may be adjourned, from time to time, to complete such election. The board of aldermen shall, as soon as ^f fi e r d electtobe conveniently may be, 2 examine the copies of the records of the several wards, certified as aforesaid, and shall cause the person who shall have been 1 On the Tuesday after the second Monday. See note 2 in sec. 4. 2 By St. 1876, chap. 188, the board of aldermen shall not declare the result of an election less than three, nor more than five days (Sundays excepted) next following the date thereof. CITY CHARTER. 9 elected mayor to be notified, in writing, of his Proceedings in election; but if it shall appear that no person has case of failure to elect. received a majority of the votes, or if the person elected shall refuse to accept the office, the board shall issue warrants for a new election, and the same proceedings shall be had, in all respects, as are herein before provided for the choice of mayor, and, from time to time, shall be repeated, until a mayor shall be chosen, and shall accept said office. In case of the ^ e cy decease, 1 resignation or absence of the mayor, or of filled< his inability to perform the duties of his office, it shall be the duty of the board of aldermen and the com- mon council, respectively, by vote, to declare that a vacancy exists, and the cause thereof ; and, thereupon, the two boards shall meet in convention, and elect a mayor to fill such vacancy ; and the mayor thus elected shall hold his office until the inability causing such vacancy shall be removed, or until a new election. If it shall appear that the whole number of aldermen Aldermen, vacancies, how have not been elected, the same proceedings shall be fined. had as are herein before provided in regard to the choice of mayor. Each alderman shall be notified in writing of his election, by the mayor and aldermen election. for the time being. i By St. 1871, chap, i, printed herein, whenever the mayor elect shall die before entering upon the discharge of his duties, it is the duty of the board of aldermen and of the common council, respectively, by vote, to declare that fact ; and the board of aldermen issue their warrant for an election to fill the vacancy. IO CITY CHARTER. oath of mayor. The oath prescribed by this act shall be adminis- tered to the mayor by the city clerk, or by any justice of the peace for the county of Worcester. Aldermen and The aldermen and common councilmen elect shall, council, oaths of. i /~ TV T 1 r T > i i i on the first Monday ot January, at ten o clock in the forenoon, meet in convention, when the oath required by this act shall be administered to the members of the two boards present, by the mayor, or any justice of the peace for the county of Worcester ; and a certificate of such oath having been taken shall be entered on the journal of the mayor and aldermen, and of the common council, by their respective clerks. Record, in case And whenever it shall appear that a mayor has not Sed! snot been elected previously to the first Monday of Janu- ary aforesaid, the mayor and aldermen, for the time being, shall make a record of that fact, an attested copy of which the city clerk shall read at the opening of the convention, to be holden as aforesaid. organization of After the oath has been administered as aforesaid, the two boards shall separate, and the common council shall be organized by the choice of a presi- dent and clerk, to hold their offices, respectively, during the pleasure of the common council ; the clerk to be under oath faithfully to perform the duties of his said office. organization in I n case of the absence of the mayor elect on the absence of mayor. first Monday of January, or if a mayor shall not then have been elected, the city council shall organ- CITY CHARTER. I I ize itself in the manner herein before provided, and may proceed to business in the same manner as if the mayor were present; and the oath of office may, at any time thereafter, in convention of the two boards, be administered to the mayor, and any member of the city council who may have been absent at the organization. In the absence of the mayor the board of aldermen chairman of aldermen pro may choose a presiding officer,/r<9 tempore, who shall tem p re - also preside at joint meetings of the two boards. Records of boards. Each board shall keep a record of its own proceedings, and judge of the elections of its own members ; and in case of failure of election, or in case of vacancy, vacancies, declared by either board, the mayor and aldermen shall issue their warrants for a new election. SECT. 1 2. The mayor shall be the chief executive Mayor, powers and duties officer of the city. It shall be his duty to be vigilant defined, and active in causing the laws and regulations of the city to be enforced, and to keep a general supervision over the conduct of all subordinate officers. And he may, whenever in his opinion the public good may require, remove ; with the consent of the appointing power, any officer over whose appointment he has, in accordance with the provisions of this charter, exercised the power of nomination. He may call special meetings of the boards of aldermen and common council, or either of them, 12 CITY CHARTER. when, in his opinion, the interests of the city require it, by causing notices to be left at the usual place of residence of each member of the board or boards to be convened. He shall, from time to time, communicate to both boards such information, and recommend such meas- ures, as the business and interests of the city may, in his opinion, require. He shall preside in the board of aldermen, and in convention of the two boards, but shall have a cast- ing vote only. 1 salary. The salary of the mayor shall be fixed by the city council, and made payable at stated periods, but shall not at any time exceed fifteen hundred dollars, nor shall it be increased or diminished during the year for which he is chosen. SECT. 1 3. The executive power of said city General execu- tive power vested generally, and the administration of the police, with in mayor and aldermen. a ]} $\e powers heretofore vested in the selectmen of Worcester, shall be vested in, and may be exercised by the mayor and aldermen, as fully as if the same were herein specially enumerated. The mayor and aldermen shall have full and ex- ^ e intments ' elusive power to appoint a constable or constables, and a city marshal and assistants, with the powers i By St. 1876, chap. 193, he has no vote in the board of aldermen, but he has a veto power. CITY CHARTER. 13 and duties of constables and all other police officers, and the same to remove at pleasure. 1 And the mayor and aldermen may require any person, who may be appointed marshal or constable of the city, to give bonds for the faithful discharge of the duties of the office, with such security, and to such amount, as they may deem reasonable and proper, upon which bonds the like proceedings and remedies may be had, May require J bonds. as are by law provided in case of constables' bonds taken by the selectmen of towns. The mayor and aldermen 2 shall have the care and shaii have cus - r i i -i i- 11 i tody of public superintendence of the city buildings and the custody property. and management of all city property, with power to let or to sell what may be legally sold, and to pur- chase property, real or personal, in the name and for the use of the city, whenever its interest or con- venience may, in their judgment, require it. And Shall pub i ish re - the mayor and aldermen shall, as often as once apSum, with year, cause to be published, for the use of the in-debtT^ habitants, a particular account of the receipts and expenditures, and a schedule of city property and of the city debts. 1 By St. 1867, chap. 279, they "may at any time appoint police officers with all or any of the powers of constable, except the power of serving and executing civil processes, who shall fill their offices during the pleasure of the mayor and aldermen." 2 By St. 1873, chap. 183, printed herein, control of city property including school houses, is vested in the city council. 14 CITY CHARTER. shaii have juris- The mayor and aldermen shall have power to fix diction over Mill . TVTMI T-> i i Brook. the boundaries of Mill Brook, in said city, between the factory buildings formerly of Rice, Fox and Company and Grove Mills, and to alter, change, widen, straighten and deepen the channel thereof, and remove obstructions therefrom, as the public good may require. And any damages sustained by Damages, how i i ^1 riiii assessed. any person in his property by reason thereof, shall be assessed in the same manner, and upon the same principles, as damages are assessed in the laying out of town ways. Maortohave SECT. 14. In all cases in which appointments are office^nominating directed to be made fry fa e mayor and aldermen, the mayor shall have the exclusive power of nomination, being subject, however, to confirmation or rejection by the board of aldermen ;' and no person shall be Incompatible J eligible by appointment or election to any office of emolument, the salary of which is payable out of the city treasury, who, at the time of such appoint- ment or election, shall be a member of the board of sittings of city aldermen or of the common council. All sittings of execuiive X to P be ^ m ayor and aldermen, of the common council and of the city council, shall be public, when they are not engaged in executive business. i St. 1876, chap. 80, provides that " if a person so nominated shall be rejected, it shall be the duty of the mayor to make another nomination within a month from the time of such rejection." CITY CHARTER. 15 SECT. 15. The city council shall annually, as soon Treasurer, city r. . i ' i ' i i, clerk, water com- after their organization as may be convenient, elect, miss i oner) C om- by joint ballot in convention, a treasurer and col- ^2^1, soik- i r i "ill itor, auditor and lector of taxes, city clerk, water commissioner, cityphysidan; r v i . i , , v, council to elect. commissioner oi highways, city solicitor, city auditor and city physician, 1 who shall hold their offices respectively for the term of one year, and until their successors shall be chosen and qualified : provided, however, that either of the officers named in this Removal, section may be removed at any time by the city council, for sufficient cause. SECT. 1 6. . The city council shall, in the month of Chief engineer of December, annually, elect by joint ballot, in conven- fire department and assistants.. tion, a chief engineer of the fire department, 2 and as many assistant engineers, not exceeding six, as they may deem expedient, who shall hold their offices for the term of one year from the first Monday of January next ensuing, and until their successors are chosen and qualified. 3 The compensation of all officers named in this and compensation of officers. 1 By St. 1877, chap. 133, (accepted by the legal voters, November 6, 1877,) the city physician is a member of the board of health, and by St. 1878, chap. 21, "where the city physician is ex officio a member of the board of health said city physician shall be appointed by the mayor, with the approval of the board of aldermen, for a term of three years; and shall be subject to removal, for cause, by the same authority." 2 For fire department, see St. 1868, chap. 195, printed herein. 3 See ordinances, chap. 7, for election of other officers. I 6 CITY CHARTER. the preceding section shall be fixed by concurrent vote of the city council. Duty of city SECT. 1 7. The city clerk shall also be clerk of the board of aldermen, and shall be sworn to the faithful performance of his duties. He shall perform such duties as shall be prescribed by the board of alder- men ; and he shall perform all the duties, and exercise all the powers by law incumbent upon him. He shall deliver to his successor in office, as soon as chosen and qualified, all journals, records, papers, documents or other things held by him in his capacity of city clerk. Appointment of SECT. 1 8. The city council shall, in such manner officers. as they shall determine, appoint or elect all other subordinate officers, for whose election or appoint- ment other provision is not herein made, define their duties and fix their compensations. SECT. 19. The city council shall take care that no Payments from treasury. money be paid from the treasury, unless granted or appropriated, and shall secure a just and proper accountability by requiring bonds, with sufficient penalties and sureties, from all persons interested . with the receipt, custody or disbursement of money. Laying out SECT. 2o. The city council shall have power to lay out sidewalks, 1 and fix the width, height and grade of i See act concerning sidewalks, printed herein. CITY CHARTER. 1 7 the same, and require all persons owning land abutting on such sidewalks to pave the walks with brick, stone, or concrete, and to keep the same in good repair, as they may direct, the city first setting the curbstones and paving the gutters ; and in case any person, owning land as aforesaid, shall neglect or refuse to comply with the requirements of the city council after receiving due notice of such require- ments, the city council shall have power to cause said sidewalks to be paved and kept in good repair, according to said requirement, and may recover of said owner, by an action on the case in the name of the city, the expense of paving and keeping the same in good repair. The city council shall also have power to establish fire limits within the city, and Establishment . of fire districts. from time to time change or enlarge the same ; and by ordinance they shall regulate the construction of _ * Jo Regulations in all buildings erected within said fire limits, stipulating ^" I s ( j^ ion o their location, sizes and the material of which they shall be constructed, together with such other rules and regulations as shall tend to insure the same from damage by fire SECT. 2 1 . The city council is authorized to elect, by Board of commis- joint ballot in convention, a board of three commis- founds, council sioners, one member thereof to be elected each and" 1 ' every year, in the month of January, to hold office for the term of three years, who shall have the sole 1 8 CITY CHARTER. care, superintendence and management of the public grounds belonging to said city of Worcester, and of all the shade and ornamental trees standing and growing thereon, and also of all the shade and ornamental trees standing and growing in or upon any of the public streets and highways of said city : but said board, or any member thereof, after having had an opportunity to be heard in his or their defence, may be removed at any time, by a concurrent vote of two-thirds of each branch of the city council ; and in case of a vacancy in said board of commissioners vacancies and re- by death, resignation, removal or otherwise, such moval in board, vacancy shall be filled by the choice of another commissioner in the manner aforesaid, who shall hold his office for the remainder of the term for which the member in whose place he shall be elected would have held the same. Said board may be organized Organization. * by the choice of a chairman and secretary from their own number, and a major part of said board shall constitute a quorum for the transaction of business. The said board of commissioners shall lay out said Duties. public grounds, 1 or such part thereof as they shall from time to time judge proper; and it shall be the duty of said commissioners, from time to time, as appropriations shall be made therefor by the city council, to cause all necessary paths and avenues to i Laying out streets, &c., in. See St. 1875, chap. 163. CITY CHARTER. 19 be constructed therein, and to cause said public grounds to be planted and embellished with trees, as they shall think proper ; and said commissioners shall also cause such shade and ornamental trees to be planted in and upon said public streets and highways in said city as they shall think proper, and as appro- priations shall be made therefor by the city council, and shall adopt and use all necessary and proper means to preserve the same, and promote the growth thereof. And said board may make all necessary May make by by-laws and regulations in the execution of their laws- trust, not inconsistent with this act and the laws of the Commonwealth, as they shall deem expedient. Said board of commissioners shall, annually, in the shaii make month of January, and whenever required by theaomgs. city council, make and render a report of all their acts and doings, and of the condition of the public grounds and shade and ornamental trees thereon, and on said streets and highways, and an account of receipts and expenditures for the same. SECT. 22. The city council is authorized to elect, Boardof * commissioners by joint ballot in convention, a board of five com- of H p e Ceme - tery, council may missioners, one member thereof to be elected each elect - and every, year, in the month of January, to hold office for the term of five years, who shall have the sole care, superintendence and management of " Hope Cemetery," established by said city council ; but said 2O CITY CHARTER. board, or any member thereof, after having- had an opportunity to be heard in his or their defence, may vacancies and be removed at any time by a concurrent vote of two- removals in board. thirds of each branch of the city council ; and in case of a vacancy in said board of commissioners, by death, resignation, removal or otherwise, such vacancy shall be filled by the choice of another commissioner, in the manner aforesaid, who shall hold his office for the remainder of the term for which the member in whose place he shall be elected would have held the same. Said board may be organized by the choice organization. o f a chairman and secretary from their own number, and a major part of said board shall constitute a quorum for the transaction of business. The said board of commissioners shall lay out said Duties and f cemetery, or such part thereof as is not already laid out, into such lots or subdivisions for burial places as they shall think proper, and the said commissioners shall set apart a proper portion of said cemetery for a public burial place for the use of the inhabitants of said city free of charge thereof; and it shall be the duty of said commissioners, from time to time, as appropriations shall be made by the city council therefor, to cause all necessary paths and avenues to be constructed therein, and to cause said cemetery to be planted and embellished with trees, shrubs, flowers and other rural ornaments, as they shall think proper; and said board may make all necessary by-laws and CITY CHARTER. 2 1 regulations in the execution of their trust, not in- consistent -with this act and the laws of the Common- wealth, as they shall deem expedient. Said board of commissioners shall have authority 11- May sell right to sell to any person or persons the sole and exclusive m cemetery, & c . right of burial, 1 and of erecting tombs, cenotaphs and other monuments, in any of the designated lots or subdivisions of said cemetery, upon such terms and conditions as they shall, by their rules and regulations, prescribe ; but all deeds and conveyances of such lots or rights of burial shall be made in the name of the conveyances, city, and shall be executed in behalf of the city by the treasurer thereof, for the time being, when re- quested so to do by said commissioners ; and the proceeds of such sales shall in all cases be paid into the city treasury. Said board of commissioners shall annually, in the month of January, and whenever required by the city council, make and render a J J Shall make report of all their acts, doing's and proceeding's, and re p rtof their doings. of the condition of the cemetery, and an account of the receipts and expenditures for the same. SECT. 23. The board of overseers of the poor in B * F Board of over- the city of Worcester shall consist of nine members, seersofpoon residents of said city. The mayor, superintendent of I The title is indivisible ; see St. 1877, chap. 182, 4, by which Gen'l St. chap. 28, 3, applies. 22 CITY CHARTER. Ex-officio mem - public schools and the city marshal shall be ex-ojfficio members of the board. The mayor shall be ex-officio president of the board. The city council shall elect _.. . by joint ballot six persons to be members of said Election and J > tenure of office. ^ oarc j o f overseers, two to be elected in the month of December in each year, and to hold their offices for the term of three years from the third Monday of January then next ensuing, and until others shall be elected and qualified in their places. But no more than one of the six members, so to be elected, shall be eligible from any one ward of said city. Vacancies occurring in the board may be filled by Vacancies, how O election. their respective annual ward meetings for the choice of officers, shall elect, by ballot, one person in each ward, who shall be a resident of said ward, to be an assistant-assessor ; and it shall be the duty of the per- Duties, sons so chosen to furnish the assessors with all neces- sary information relative to persons and property 24 CITY CHARTER. taxable in their respective wards ; and they shall be sworn to the faithful performance of their duty. school commit- SECT. 26. The qualified voters of each ward 1 shall elect, by ballot, three persons in each ward, who shall be residents of the ward, to be members of the Tenure of office, school committee, 2 one person to be chosen in each ward at their respective annual meetings for the term of three years; and the persons so chosen shall, with the mayor, constitute the school committee, and have the care and superintendence of the public schools. 3 support of And all the rights and obligations of the town of aadob%itfoM Worcester in relation to the grant and appropriation fS to'be 00 "" of money to the support of schools, and the special powers and authoiity heretofore conferred, by law, upon the inhabitants of the centre school district in said town, to raise money for the support of schools in said district, shall be merged in the powers and obligations of the city, to be exercised in the same manner as over other subjects of taxation ; and all for P how ri mld e s g rants anc ^ appropriations of money for the support 1 By St. 1879, chap. 223, women may vote, and the election may, in the discretion of the mayor and aldermen, be called on another day of the same month as the city election. 2 By St. 1874, chap. 389, " no person shall be deemed ineligible to serve on a school committee by reason of sex." 3 By St. 1874, chap. 272, the committee " may appoint and fix the compen- sation of a superintendent of public schools, a majority vote of the .whole board being necessary for that purpose." CITY CHARTER. 25 of schools, and the erection and repair of school- houses, in said city, shall be made by the city council, in the same manner as grants and appropriations are made for other city purposes. SECT. 27. Should there fail to be a choice of mem- Sch0 oicommit- , c , , , . . tee and assistant bers of the school committee, or assistant-assessors assessors, in any ward, on the day of the annual ward meeting, ee the meeting shall be adjourned from time to time, until the elections shall be completed. SECT. 28. The city council shall have the same Laying out of . , . i i streets, powers of powers in relation to the laying out, acceptance, C it y council, altering or discontinuing of streets and ways, and the assessment of damages, which selectmen and inhabitants of towns now have by law i 1 but all peti- tions and questions relating to laying out, widening, altering or discontinuing any street or way, shall be first acted on by the mayor and aldermen. Any person aggrieved by any proceedings of the Appealsto mayor and aldermen, or of the city council, in the^S. exercise of such powers respecting streets and ways, shall have the same right of appeal, by complaint, to the county commissioners of the county of Worcester, i If under the betterment law the decree should declare " the same to be laid out under the provision of law authorizing the assessment of better- ments," St. 1874, chap. 275. For the betterment law, see St. 1871, chap. 382. In public commons, &c., see St. 1875, chap. 163. 26 CITY CHARTER. as is given by the laws of the Commonwealth to appeal from the decisions of selectmen or the inhab- itants of towns. 1 streets over pn- SECT. 29. No street or way shall hereafter be vate land, width , . , . ,. - TT . prescribed. opened m the city of Worcester, over any private land, by the owners thereof, and dedicated to or permitted to be used by the public, of a less width than forty feet, except with the consent of said mayor and aldermen, in writing, first had and obtained for that purpose. 2 Drabs and SECT. 30. The city council shall have authority to cause drains and common sewers 3 to be laid down through any streets or private lands, paying the owners such damage as they may sustain thereby, said damage to be assessed in the same manner and upon the same principles as damages are assessed in the laying out of town ways, and to require all persons to pay a reasonable sum for the privilege of opening any drain into said public drain or common sewer; and also to require that private drains shall be conducted into the public drain or sewer, in any case in which the said city council shall judge the same necessary or proper for the 'cleanliness and health of the city. 1 St. 1873, chap. 261, provides for petition to the superior court. 2 See St. 1850, chap. 188, printed herein. 3 See acts concerning sewers and drains, printed herein. CITY CHARTER. 2\ SECT. 31. The city council may make by-laws, Inspection of with suitable penalties, for the inspection and survey, i cokiTnd' measurement and sale of lumber, wood, hay, coal and bark, brought into the city for sale, and shall have the same powers as the town had in reference to the fire department, and the laws relating thereto, and in reference to the suspension of the laws for the pro- tection and preservation of useful birds, and of all other laws the operation or suspension of which is subject to the action of the town thereon. SECT. 32. All elections of national, state, county Electionsof and district officers who are voted for by the people, "our^n?' 6 ' shall be held at meetings of the citizens qualified to district officers ' vote at such elections, in their respective wards, at the time fixed by law for these elections respectively. SECT. 33. Prior to every election, the mayor and Lists of voters, how prepared, aldermen 1 shall make out lists of all the citizens of each ward qualified to vote in such elections, in the manner in which selectmen of towns are required to make out lists of voters; and, for that purpose, they shall have full access to the assessors' books and lists, and are empowered to call for the assistance of the assessors, assistant-assessors, and other city officers ; and they shall deliver the lists so prepared and i By St. 1877, chap. 193, printed herein, the duties of the mayor and alder men about voting lists are devolved upon the registrars of voters. For other provision as to elections, see St. 1874, chap. 376, and acts in amendment thereof. 28 CITY CHARTER. corrected to the clerks of the several wards, to be used at such elections; and no person shall be entitled to Lists of voters to vote whose name is not borne on such list. A list of be posted. . . the voters ot each ward shall be posted in one or more public places in each ward : provided, however, 1 Name omitted, tnat anv person whose name shall not be borne on ^eTmertr the list of the ward in which he is entitled to vote, when it shall be placed in the hands of the clerk of said ward, shall have the right to have his name entered thereon at any time thereafter before the closing of the polls, upon presenting to the ward officers a certificate, signed by the mayor or city clerk, setting forth his right to have his name so entered. cenerai meetings SECT. 34. General meetings of the citizens quali- to vote, may from time to time be held, to consult upon the public good, to instruct their representatives and to take all lawful means to obtain redress for any grievances, according to the right secured to the people by the constitution of this Commonwealth. And such meetings may and shall be duly warned by Shall be warned ' J J upon request of the mayor and aldermen, upon the request in writing, fifty voters. setting forth the purposes thereof, of fifty qualified voters. i Names to be added only when qualifications are determined previous to the close of registration. St. 1874, chap. 376, sec. 10, as amended by St. 1877, chap. 193, sec. 5, printed herein. CITY CHARTER. 29 SECT. 35. The city council shall have power to council may make all such salutary and needful by-laws as towns, ITnd^nn^nai. by the laws of this Commonwealth, have power to" 6 make and establish, and to annex penalties, not ex- ceeding twenty dollars, for the breach thereof, which by-laws shall take effect and be in force from and after the time therein respectively limited, without the sanction of any court or other authority what- ever : provided, however, that all laws and regulations proviso. in force in the town of Worcester shall, until they shall expire by their own limitation, or be revised or repealed by the city council, remain in force ; and all fines and forfeitures, for the breach of any by-law or ordinance, shall be paid into the city treasury. SECT. 36. All the authority, powers, privileges, Powersand rights and obligations, created and given by section J'J^ 5 twenty-three, chapter thirty-two of the acts passed ^^In^ity in the year one thousand eight hundred and forty- u " der dh ; ection J O J of council. eight, entitled "An Act to establish the City of Worcester," and the "Act for supplying the City of Worcester with pure water," approved on the eigh- teenth of March, in the year one thousand eight hundred and sixty-four, shall be vested in and exer- cised by the city of Worcester, in such manner, by such officers, servants and agents as the city council shall from time to time ordain, appoint and direct. SECT. 37. Nothing in this act contained shall be 3O CITY CHARTER. Legislature so construed as to restrain or prevent the legislature Ac t y . am from amending or altering the same, whenever they shall deem it expedient. SECT. 38. On the second Monday in December ofawermen" in the year one thousand eight hundred and sixty-six the qualified voters of the city, voting at large in their respective wards, shall give in their votes for eight aldermen, one alderman being selected from each ward, whose term of office shall be as follows, Tenures. viz.: the aldermen thus elected for wards numbered one, three, five and seven, shall hold their offices respectively for the term of two municipal years next following their election ; and the aldermen thus elected for the wards numbered two, four, six and eight, shall hold their offices respectively for the term of one municipal year next following their election ; and all elections of aldermen after said second Mon- day of December shall be for the term of two years from the first Monday of January next following their election ; except elections to fill vacancies, in which case the elections shall be for the unexpired term only. Election of SECT. 39. On the second Monday of December in the year one thousand eight hundred and sixty-six the qualified voters in each ward of the city shall elect three common councilmen, who shall, at the CITY CHARTER. 31 time of their election, be residents of the wards, respectively, in which they are elected, whose terms of office shall be as follows, viz.: at said election, Tenures, wards numbered two, four, six and eight shall elect two common councilmen each for the term of two municipal years, and one common councilman each for the. term of one municipal year next following their election ; wards numbered one, three, five and seven, shall at the same time elect one common councilman each for the term of two municipal years, and two common councilmen each for the term of one municipal year next following their election ; and all elections of common councilmen after said second Monday of December shall be for the term of two years from the first Monday of January next follow- ing their election ; except elections to fill vacancies, in which case the election shall be for the unexpired term only. SECT. 40. All acts and parts of acts inconsistent Repeal, with this act are hereby repealed: provided, however, that the repeal of the said acts shall not affect any act done, or any right accruing or accrued or estab- lished, or any suit or proceeding had or commenced in any civil case before the time when such repeal shall take effect; and that no offence committed, and no penalty or forfeiture incurred under the acts here- by repealed, and before the time when such repeal 32 CITY CHARTER. shall take effect, shall be affected by the repeal ; and that no suit or prosecution pending at the time of the said repeal for any offence committed, or for the recovery of any penalty or forfeiture incurred under the acts hereby repealed, shall be affected by such repeal ; and provided, also, that all persons who, at the time when the said repeal shall take effect, shall hold any office under the said acts, shall continue to hold the same according to the tenure thereof; and provided, also, that all the by-laws and ordinances of the city of Worcester which shall be in force at the time when the said repeal shall take effect, shall continue in force until the same are repealed by the city council, and all officers elected under such by- laws and ordinances shall continue in office accord- ing to the tenure thereof. Repeal not to SECT. 41. No act which has been heretofore repealed shall be revived by the rep mentioned in the preceding section. repeal repealed shall be revived by the repeal of the acts i* to be adopted SECT. 42. This act shall be void unless the inhab- otherwise void.' itants of the city of Worcester, at a legal meeting called for that purpose, by a written vote determine to adopt the same as hereinafter provided; all the sections of this act except the thirty-eighth and thirty-ninth, shall be voted for or against upon one ballot; sections thirty-eight and thirty-nine shall be CITY CHARTER. 33 voted for or against upon one ballot; and if sections Mannerofmeet . thirty-eight and thirty-nine shall be accepted upon ing pres such vote, then sections nine and ten of this act shall be void, and sections thirty-eight and thirty-nine shall stand in place of sections nine and ten : provided, the other parts of this act shall be adopted by said inhabitants. The qualified voters of the city shall be called upon to give in their votes as aforesaid upon Proviso . the acceptance of this act in the manner aforesaid, at meetings in the various wards duly warned by the mayor and aldermen, to be held on or before the Tuesday next after the first Monday of November Meetingtobe next, and thereupon the same proceedings shall be ^ s ; y ; ft b e e r fore had respecting the sorting, counting, declaring, re- Novflb"? cording and returns of said votes as is herein provided at the election of mayor and aldermen ; and the board of mayor and aldermen shall, within three days thereafter, meet together and compare the returns of the ward officers, and if it shall appear that the inhabitants have voted to adopt this act as aforesaid, the mayor shall make proclamation _, ' Citizens adopt- of the fact, and thereupon this act, or so much of it in S' ma y rto proclaim and as shall have been adopted, shall take effect from x Act deemed in force. and after the day on which the mayor shall make proclamation as aforesaid. APPROVED APRIL 30, 1866. The Charter, including sections thirty-eight and thirty-nine, was adopted June n, 1866. 34 STATUTES. STATUTE 1871. CHAPTER 1. AN ACT CONCERNING THE ELECTION OF MAYOR IN THE CITY OF WORCESTER. Be it enacted, &c., as follows : Aldermen may SECTION i. The board of aldermen of the city of eTectioroTTayor" Worcester are hereby authorized to issue their war- rant for the election of a mayor in place of James B. Blake, elected mayor at the last annual election held in said city, and since deceased ; and the mayor elected in pursuance of such warrant, having first been duly qualified, shall hold his office until the termination of the present municipal year of said city, and until another shall be chosen and qualified in his place. SECT. 2. Whenever the mayor elect of said city If mayor dies before entering shall die before entering upon the discharge of his upon duties, aldermen may duties, it shall be the duty of the board of aldermen issue warrant for new election anc [ o f the common council of said city, respectively, by vote to declare that fact ; and the board of alder- men shall thereupon issue their warrant for a new STATUTES. 35 election of mayor, to be held at such'time as they shall deem advisable ; and the mayor chosen at such election shall hold his office for the term for which such deceased mayor was elected, and until another is chosen and qualified in his place. SECT. 3. This act shall take effect upon its passage. APPROVED JANUARY 14, 1871. STATUTE 1873. CHAPTER 183. AN ACT TO AMEND THE CHARTER OF THE CITY OF WOR- CESTER, RELATIVE TO THE PURCHASE AND CONTROL OF CITY PROPERTY. Be it enacted, &c., as follows : SECTION i. The city council of the city of Wo r- city council to have custody cester shall have the care and superintendence of and manage- ment of all city the school houses and other public buildings of said property. city, and the care, custody and management of all the property of said city, with power to lease or sell what may be legally sold. And the said city council may purchase property, real or personal, in the name and for the use of said city, whenever its interest or convenience may in their judgment require it. 36 STATUTES. Repeal of pan of SECT. 2. So much of the thirteenth section of statute of 1866, -I 1111* r .1 r chap. 199, i 3 . chapter one hundred and ninety-nine of the acts of the year eighteen hundred and sixty-six, as confers upon the mayor and aldermen of said city the pow- ers herein granted to said city council, is repealed. SECT. 3. This act shall take effect upon its passage. APPROVED APRIL 14, 1873. STATUTE 1877. CHAPTER 193. AN ACT TO ESTABLISH THE BOARD OF REGISTRARS OF VOTERS OF THE CITY OF WORCESTER, AND TO REGU- LATE THE PREPARATION AND REVISION OF THE VOTING LISTS IN SAID CITY. Be it enacted. &c., as follows : Registrars of SECT. i. There shall be elected by the city council of the city of Worcester, as soon as may be after the passage of this act, and biennially thereafter in the month of February or March, one able and discreet person, an inhabitant of said city, who shall hold no other office or position by election or appointment under the government thereof, and who shall hold his office for two years and until another shall be elected in his place, who, together with the city clerk and the clerk of the board of assessors of said city, STATUTES. 3 7 shall constitute a board of registrars of voters. The person elected as above shall serve as clerk of the board, and in case of a vacancy by reason of death, resignation or removal, the city council shall elect a person qualified as aforesaid, to hold the office for the residue of the term. SECT. 2. The . registrars shall, in addition to the TO prepare and ... . iii' c 11 revise voting duties imposed upon them by this act, perlorm all lists, and singular, the duties devolved upon the mayor and aldermen or board of aldermen by any general or special laws which now are or hereafter may be in force respecting the preparation, correction, revision, publication and transmission to the ward officers, of the alphabetical lists of voters to be used at elections in said city, and all the powers so conferred, and all the duties and liabilities so imposed upon the mayor and aldermen or board of aldermen of said city in relation to the preparation, correction, revision, publication and transmission of said lists, are hereby conferred and imposed exclusively upon said reg- istrars. SECT. 3. The registrars shall, before entering To be swom. upon the duties of their office, take and subscribe an oath faithfully to perform the same. They shall receive such compensation as the city council may Compensat i on . from time to time determine, but such compensation shall not be regulated by the number of names 38 STATUTES. registered on any list of voters, and any reduction of compensation shall take effect upon such registrars only as shall be elected after such reduction. TO prepare list SECT. 4. The registrars shall prepare, correct, revise and publish, in accordance with this act and with the laws of the Commonwealth, the alphabetical lists of voters of each ward, and the collectors of taxes of said city shall make the return now required by law to be made to the mayor and aldermen, to the board of registrars of voters, and all assessors and collectors of taxes of said city shall furnish any information in their possession necessary to aid the registrars in the discharge of their respective duties. Registration to S]ECT - 5- All registration of voters in said city shall cease at ten o'clock in the evening of the seventh day next preceding the day of any election ; and no name shall thereafter be entered on the voting lists of said city, except as provided in section ten of chapter three hundred and seventy-six of the acts of the year eighteen hundred and seventy-four. 1 And the registrars shall, at least twenty-four days previous to the day of the annual state election, cause notices of the time of closing, together with printed lists of the voters in each ward, to be posted i As amended by St. 1878, chap. 233. For provisions as to register of voters, see St. 1878, chap. 251. STATUTES. 39 in one or more places in such ward, with notices Sessionso{ thereon stating the place and hours in which they rei will hold sessions to correct and revise the lists ; and such sessions shall be held in some place convenient to the voters, three or more hours daily, for at least twelve days within the twenty-four days immediately preceding the annual state election, and in addition, six evening sessions, of at least two hours length each, shall be held within the said twenty-four days. SECT. 6. The registrars, before entering upon the Naturalized voting list the name of a naturalized citizen who is citlzens - an applicant for registration, shall require him to produce for their inspection his papers of naturaliza- tion, and shall be satisfied that he has been legally naturalized, and they shall also require such appli- cant to make oath that he is the identical person to whom said papers were issued ; but they need not require the production of such papers after they have once examined and passed upon them. SECT. 7. The city council shall furnish office Office room. room for the registrars, and such aid as shall be necessary for carrying out the provisions of this act. SECT. 8. Whoever gives a false name or a false <> False answers. answer to any registrar concerning any matter relat- ing to the registration of voters, or to the right of any person to vote, shall incur the same penalty 4O STATUTES. which is provided by law for giving a false name or false answer to the selectmen of towns when in session to correct the lists of voters. SECT. 9. Any registrar who wilfully neglects or refuses to perform the duties of his office shall, for each offence, forfeit a sum not exceeding two hun- dred dollars. APPROVED MAY 4, 1877. STATUTE 1854. CHAPTER 338. AN ACT FOR SUPPLYING THE CITY OF WORCESTER WITH PURE WATER. Be it enacted, &c., as follows : SECT. i. The City of Worcester is hereby author- water, where ized to hold, by purchase, and to convey to, into, obtained. ^ _ J and through, the said city, the water of the Hen- shaw Pond, so called, in the town of Leicester, and the waters that may flow into and from the same, and any water-rights connected therewith, or (if the city council shall so elect) the waters of a brook running through the town of Holden and through the westerly part of Worcester, called Tatnic Brook, the water to be taken from a point in the same in said town of Holden, about two miles above the vil- Mayhoia lage of Tatnic, so called, in said Worcester; and said city may also hold, by purchase, any lands or STATUTES. 41 real estate, necessary for laying or maintaining an aqueduct for conducting the water from either of said sources to said city, an;l for forming reservoirs, and may also hold land around the margin of said pond, or around the margin of any reservoir or water source which they may possess or create, in the val- ley of said brook, for the purpose of furnishing a supply of pure water for the City of Worcester. SECT. 2. The said city may make and build a Maybuild permanent aqueduct, from either of the aforesaid aquec water sources, to, into, and through, the said city, and secure and maintain the same by any works suitable therefor, may erect and maintain a dam or dams, at the outlet of said pond, or in the valley of said brook, at the point above mentioned, and at other points above the same, in the valley of said stream, to raise and retain the waters therein ; and may erect and maintain reservoirs, enlarge water sources, make and maintain public hydrants, in such places as may be deemed proper ; may distribute the water through the city, and for that purpose may lay down pipes to any house or building in the city, by consent of the owner or owners of them thereto, and may regulate the use of the water, and establish rents and prices to be paid therefor; 1 and the city I May establish rules and regulations, with penalty. St. 1875, chap. 150. Persons corrupting, &c. St. 1878, chap. 183; St. 1879, chap. 224; St. 1880, chap. 185. 42 STATUTES. may, for the purposes aforesaid, carry and conduct any aqueduct or other work, over or under any street, highway, or other way, or in such manner as not to obstruct the travel thereon, and may enter upon and dig up any such road, street, or way, by consent of the town in which the same may 'be, for the purpose of laying down pipes beneath the sur- face thereof, and for making and repairing the same ; provided, however, that nothing contained in this section shall be so construed as to authorize said city to take or flow the land, or to take, or in any way injure, the property of any person or corpor- ation, without the consent of the owner or owners thereof. , city to appoint SECT. 3. The rights, powers, and authority, given to the City of Worcester, by this act, shall be exer- cised by the said city, subject to the restrictions, duties, and liabilities, herein contained, in such man- ner, and by such commissioners, officers, agents, and servants, as the city council shall, from time to time, ordain, appoint, and direct city to issue SECT. 4. For the purpose of defraying the cost and expenses of such land, estate, water, and water-rights so purchased and held, for the purposes mentioned in this act, and of constructing said aqueduct and works necessary and proper for the accomplishment STATUTES. 43 of this act, and all expenses incident thereto, the city council shall have authority, from time to time, to borrow such sum or sums of money, and to issue notes, scrip, or certificates of debt therefor, to an amount not exceeding two hundred and fifty thousand dollars, bearing interest at a rate not exceeding the legal rate of interest in this Common- wealth, the said interest to be payable semi-annually, and the principal shall be made payable at periods not more than twenty years from the issuing of said when payable, scrip, notes, or certificates, respectively ; and the city council may sell the same, or any part thereof, from time to time, at public or private sale, or pledge the same for money borrowed for the purpose of this act, on such terms and conditions as the city coun- cil shall judge proper; and the city council are hereby authorized, from time to time, to appropri- ate, grant, and assess, such sum or sums of money, not exceeding twenty thousand dollars in any one year, towards paying the principal of the money so borrowed or obtained, and the interest thereof, in the same manner as money is appropriated, granted, and assessed, for other city purposes. SECT. 5. The city council shall, from time to Pr i C e of water, time, regulate the price or rent for the use of the water, with a view to the payment from the net income and receipts, not only of the semi-annual 44 STATUTES. Penalty for diverting water, &c. City to make contracts. interest, but ultimately of the principal of said debt so contracted, so far as the same may be practicable and reasonable. SECT. 6. If any person shall wantonly or ma- liciously divert the water, or any part thereof, of any of the ponds, streams, or water source, which shall be taken by the city, pursuant to the provisions of this act, or shall corrupt the same, or destroy or injure any dam, aqueduct-pipe, conduit, hydrant, machine, or other property held, owned or used by the city, by the authority and for the purposes of this act, every such person or persons shall forfeit and pay to said city three times the amount of the damages that shall be assessed therefor, to be recovered by any proper action, and every such person or persons may, moreover, on indictment .for and conviction of either of the wanton and malicious acts aforesaid, be punished by a fine not exceeding one thousand dollars, and by imprisonment not exceeding one year. SECT. 7. Nothing in this act contained shall be construed to authorize said city to take or to appro- priate the property of any person or corporation, to its own use, unless it be by contract or agreement with the owner thereof. SECT. 8. The mayor and aldermen of said city STATUTES. 45 shall notify and warn the legal voters of said city, Act void> unless to meet in their respective wards, on such day as the days Pte said mayor and aldermen shall direct, .not exceeding sixty days from and after the passage of this act, for the purpose of giving their written votes upon the question, whether they will accept the same ; and if a majority of the votes so given upon the question shall be in the negative, this act shall be null and void. SECT. 9. This act shall take effect from and after its passage. April 20, 1854. ADOPTED BY THE VOTERS, MAY 27, 1854. STATUTE 1856. CHAPTER 189. AN ACT IN ADDITION TO AN ACT TO SUPPLY THE CITY OF WORCESTER WITH PURE WATER. SECT, i . The city of Worcester is hereby author- Waterj where ized and empowered to take and convey into and obtamed ' through the said city the waters of Kettle Brook, so called, in the southwesterly part of said city, the waters of the same to be taken from said brook at a point about two miles from the village of New Wor- cester, so called, by an aqueduct, direct into said city, 40 STATUTES. or at a point higher up said brook in the town of Leicester, and conducted by an artificial channel into Henshaw Pond, so called, in said town of Leicester, and so through said pond and along with the waters of said pond into said city; or take the waters of Half-way River,, so called, in the southerly part of Worcester, from a pond raised by means of a dam across the valley of said river ; or to take water from Mill Brook or vicinity, so called, in the northerly part of Worcester, or from Quinsigamond Pond, so called, in the easterly part of said Worcester, as the city council may elect, and to take and hold any water that may flow into any of said ponds or streams, or into and from either of the above water-courses, and May hold land, any water-rights connected therewith, and any lands or estates necessary for the laying out and maintain- ing an aqueduct for conducting waters from either of said sources to said city, and for forming reservoirs ; and may also take and hold land around the margin of either of said ponds, or around any reservoirs or water-sources which they may possess or create, in the valleys of said brooks, for the purpose of supply- ing the said city with pure water. May buiid SECT. 2. The said city of Worcester may make and build an aqueduct from either of the aforesaid sources of supply, to, into and through the said city, and secure and maintain the same by any works STATUTES. 47 suitable therefor ; may erect and maintain a dam or dams at the outlet of either of said ponds, and across the valleys of either of said brooks, at the points above mentioned, and at other points above the same, to raise and retain the waters therein ; and may erect and maintain reservoirs, enlarge and alter water-courses, make and maintain hydrants in such places as may be deemed proper; may distribute the waters through the city, and for that purpose may lay down pipes through and across any street, road or highway, or over and across lands to any buildings in said city ; may regulate the use of the water, and establish and fix rents or rates for the consumption and use thereof; and for the purposes aforesaid, the city may conduct said aqueduct over, under or across, or along any street, highway, or other way, in such manner as not to obstruct travel thereon ; and may enter upon and dig up any such road, street or highway, by consent of the town in which the same may be located, for the purpose of laying down pipes beneath the surface of the same, and for the repairing thereof. SECT. 3. The rights, powers and authority given city to appoint by this act, shall be exercised by the city of Wor- officers> &c ' cester, subject to the restrictions, duties and liabili- ties herein contained, in such manner, and by such officers, servants and agents, as the city council shall from time to time ordain, appoint and direct. 48 STATUTES. city to issue SECT. 4. For the purpose of defraying the cost of such land, water and water-rights, so taken and held as aforesaid, and of constructing and maintain- ing said aqueduct, reservoirs and works necessary for the accomplishment of the end contemplated by this act, and all expenses incident thereto, the city council shall have authority to borrow, from time to time, such sums of money, and to issue bonds, notes or certificates therefor, to be denominated on the face thereof, Worcester Water Scrip, to an amount not exceeding three hundred and fifty thousand dol- lars, bearing interest not exceeding six per cent., payable semi-annually, and the principal to be made when payable, payable at periods not less than ten years from the date thereof; and the city council may sell the whole or any part of said scrip, from time to time, or pledge the same for money borrowed for the pur- poses of this act, on such terms and conditions as it shall deem proper. And the said city council is hereby further authorized to grant appropriations, and assess, from time to time, such sums of money, not exceeding in any one year the sum of ten thousand dollars, towards paying the principal of the moneys so borrowed, besides a sum sufficient to pay the interest thereof, in the same manner as moneys are appropriated and assessed for other city purposes. SECT. 5. To enable the city council to pay the STATUTES. 49 interest as it may accrue upon said scrip, and ulti- Price of water . mately the principal thereof, it shall be lawful for the said council to fix and establish the price or rate which shall be paid for the use of any part of said water, by any taker thereof in said city, and the same to alter, from time to time, as may be deemed expedient. SECT. 6. If any person shall wantonly or ma- p en aity for liciously divert the waters, or any part thereof, from wtr,&o. any of the ponds, brooks, reservoirs or water-sources, which shall be taken by the city pursuant to the provisions of this act, or shall corrupt the same, or destroy or injure any dam, aqueduct, conduit, pipe, hydrant or other property held and used by the city by authority and for the purpose of this act, every such person or persons shall forfeit and pay to the said city of Worcester three times the amount of the damages that shall be sustained thereby, to be re- covered in any proper action ; and upon indictment and conviction for either of said acts, shall be punished by a fine not exceeding one thousand dollars, and by imprisonment in the house of cor- rection of the county not exceeding one year. 1 SECT. 7. All damages which may be sustained Damages> how by reason of the taking by said city of any of assessed and i See page 63. 5O STATUTES. ponds or brooks aforementioned, or of the water thereof, or the water-rights connected therewith, or of diverting any portion of said water from its natu- ral channel into other channels, or of erecting and maintaining any dam or reservoir, or digging up any land, street, road or highway, and entering upon the same for laying, repairing and maintaining pipes, conduits, hydrants, and other apparatus necessary thereto, shall be paid by the said city of Worcester to the individual or corporation injured ; which dam- ages shall be assessed in the same manner as is provided in the twenty-fourth chapter of the Revised Statutes 1 with regard to highways. Act void, unless SECT. 8. The provisions of this act shall be void unless submitted to, and approved by, the voters of the city of Worcester, at meetings held simultane- ously for that purpose in the several wards, upon notice duly given at least seven days before the time of holding said meetings. May 26, 1856. APPROVED BY THE VOTERS, DECEMBER 12, 1871. i See page 60 for manner of taking and damages. STATUTES. 5 1 STATUTE 1861. CHAPTER 118. AN ACT IN ADDITION TO AN ACT FOR SUPPLYING THE CITY OF WORCESTER WITH WATER. Be it enacted, &c., as follows : SECT. i. In addition to the powers heretofore Right to use conferred, the city of Worcester is authorized to waterfrom Leicester or take and convey into and through said city the paxton - waters of East or Lynde Brook in Leicester, or of any other stream or pond in Leicester or Paxton, and to take and hold any land, and build and main- tain any structures necessary for said purpose, in the manner, and subject to the liabilities and restrictions set forth in the one hundred and eighty-ninth chap- ter of the acts of eighteen hundred and fifty-six. 1 SECT. 2. If at any time the supply of water from lf supp j y is in _ the source first fixed upon and selected shall be in-JjT,^ ^ sufficient for the wants of said city, the said city may ot by suitable works, conduct water fronv either of the other sources referred to in this act, or the act to which this is in addition, into the aqueduct first con- structed, or into any reservoir therewith connected, SECT. 3. Said city is further authorized to take purchase of :cessary rights. and hold by purchase, any lands or rights, ^ 38 Manner of taking, see page 60. 52 STATUTES. interests therein, which may be necessary for the convenient accomplishment of the purposes of this act. SECT. 4. This act shall take effect on its passage. APPROVED MARCH 30, 1861. STATUTE 1863. CHAPTER 72. AN ACT IN ADDITION TO AN ACT FOR SUPPLYING THE CITY OF WORCESTER WITH WATER. Be it enacted, &c., as follows : city may how SECT. i. The city of Worcester is hereby author- ^TaTpYpeT ized to take > hold and convey the waters collected neceS^Torks. and flowing from the easterly slope of Millstone Hill, so called, in said city, in and upon the land of Henry Putnam, in the best and most convenient manner and direction, over, through and across any streets, highways and lands in said city, into Bell Pond, so called, and thence into the city reservoir and aqueduct, and to lay any pipes, and build and maintain any works necessary therefor. Damage sus- SECT. 2. All damage sustained by taking land or dafanedwidrfD otherwise, may be ascertained, determined and re- covered in the manner provided by law in case of land taken for highways ; but no proceedings shall STATUTES. 5 3 be commenced after the lapse of one year after the damage occurred. SECT. 3. This act shall take effect upon its pas- sage. APPROVED MARCH 11, 1863. STATUTE 1864. CHAPTER 104. AN ACT FOR SUPPLYING THE CITY OF WORCESTER WITH PURE WATER. Be it enacted, &c., as follows : SECT. i. The city of Worcester is hereby author- city m ay P ur- . . . 11111 i i i chase East or ized to acquire and hold by purchase, or to take and Lynde Brook. hold, and convey to, into and through said city, the waters of East or Lynde Brook, in the town of Leicester, and any water that may flow into the same, and to acquire and hold by purchase, or to take and hold any lands or estates necessary for the laying out and maintaining an aqueduct for con duct- Mayhold i ands ing the waters from said brook to said city, or for an forming reservoirs, and may take and hold land around the margin of any water sources or reservoirs they may possess or create in the valley of said brook or elsewhere, for the purpose of supplying said city with pure water. 1 i See page 60 for manner of taking and damages. 54 STATUTES. May take waters SECT. 2. If at any time the supply of water from pond^ndTettie sa id East or Lynde Brook shall be insufficient for the wants of said city, the said city may take and conduct the water of Henshaw Pond in said Leicester and the waters that may flow into and from the same, or the waters of Kettle Brook, so called, in said Leicester, by suitable works, into the aqueduct first constructed from said East or Lynde Brook, or into any reservoir connected therewith. May buiid aque- SECT. 3. The said city may make and build a duct and erect . . dams, reservoirs, permanent aqueduct from either of the aforesaid hydrants and lay . .. .. ... i pipes. water sources, to, into and through the said city, and secure and maintain the same by any works suitable therefor ; may erect and maintain a dam or dams across the valley of said brooks, or at the outlet of said pond, to raise and retain the waters therein ; and may erect and maintain reservoirs, enlarge and alter water courses, make and maintain public hydrants, in such places as may be deemed proper ; may distribute the water through the city, and for that purpose may lay down pipes through and across any street, road or highway, or over 1 and across lands to any buildings in said city or in said town of Leicester; may regulate the use of the water, and establish and May regulate J water rates, and fi x re nts or rates for the consumption and use thereof, establish rules for use. anc j mav ma k e anc l ordain all necessary rules, regu- lations and ordinances, to prevent the waste, misuse STATUTES. 5 5 and wrongful taking of said water :' and said city may, for the purposes aforesaid, carry and conduct said aqueduct over, under, across or along any street, highway or other way, in such manner as not to obstruct travel thereon, and may enter upon and dig up any such road, street or highway, for the purpose of laying down pipes beneath the surface of the same, and for the repairing thereof. SECT. 4. The rights, powers and authority given Rights and t i 1111 -11 i riir powers granted, by this act, shall be exercised by the city 01 Worces- how exercised. ter, subject to the restrictions, duties and liabilities herein contained, in such manner, and by such officers, servants and agents, as the city council shall from time to time ordain, appoint and direct. SECT. 5. For the purpose of defraying the cost of city may borrow such land, water and water-rights, so purchased, ^tmctLn? 3 * ' taken and held as aforesaid, and of constructing and maintaining said aqueduct, reservoirs and works necessary for the accomplishment of the end con- templated by this act, and all expenses incident thereto, the city council shall have authority to bor- row, from time to time, such sums of money, and to May lssue scrif)) issue bonds, notes or certificates therefor, to be de-^ e sellorpledge nominated on the face thereof " Worcester water scrip," to an amount not exceeding two hundred i See St. 1875, chap. 105; also see page 62. 5 6 STATUTES. thousand dollars, bearing interest at a rate not ex- ceeding six per cent, payable semi-annually, and the principal to be made payable at periods not more than twenty years from the issuing of said scrip ; and the city council may sell the whole or any part of said scrip, from time to time, or pledge the same for money borrowed for the purposes of this act, on May assess such terms and conditions as it may deem proper ; roemof^rS and the said cit y council is hereby further author- est ' ized to grant appropriations, and assess, from time to time, such sums of money, not exceeding in any one year the sum of ten thousand dollars, towards paying the principal of the moneys so borrowed, be- sides a sum sufficient to pay the interest thereof, in the same manner as moneys are appropriated and assessed for other city purposes. water rates, SECT. 6. To enable the city council to pay the interest as it may accrue upon the said scrip, and ultimately the principal thereof, and for the support and maintenance of said aqueduct, it shall be lawful for the said city council to fix and establish the price or rate which shall be paid for the use of any part of said water by any taker thereof, and the same to alter from time to time as may be deemed expedient. Penalty for wan- SECT. 7. If any person shall wantonly or ma- ton diversion of ,..,,. . , r r water. liciously divert the waters or any part thereof, from STATUTES. 5 7 any of the ponds, brooks, reservoirs or water sources Pena i tyfor which shall be purchased or taken by the city pur- w^rCandV suant to the provisions of this act, or shall corrupt LqleducHtc. the same, or destroy or injure any dam, aqueduct, conduit, pipe, hydrant or other property, held and used by the city, by authority and for the purposes of this act, every such person or persons shall forfeit and pay to the said city of Worcester three times the amount of the damages that shall be sustained thereby, to be recovered in any proper action ; and upon indictment and conviction for either of said acts, shall be punished by a fine not exceeding one thousand dollars, and by imprisonment in the house of correction in the county of Worcester not ex- ceeding one year. 1 SECT. 8. All damages that may be sustained by Damages sus- _ . . . . ... .. , , tained by individ- reason of the taking by said city of any land or of ua is or corpora- i i , i r i r i tions, how paid. the brooks or ponds aforementioned, or of the water thereof, or the water-rights connected therewith, or of diverting any portion of said water from its natural channel into other channels, or of erecting and maintaining any dam or reservoir, or digging up any land, street, road or highway, and entering upon the same for laying, repairing and maintaining pipes, i For Statute relating to corrupting water, see St. 1878, chap. 183 ; St. 1879, chap. 224 ; St. 1880, chap. 185. See page 62. 58 STATUTES. conduits, hydrants and other apparatus necessary thereto, shall be paid by the said city of Worcester to the individual or corporation injured, which damages shall be assessed in the manner provided in the general laws in regard to highways. 1 SECT. 9. This act shall take effect upon its passage. APPROVED MARCH 18, 1864. STATUTE 1867. CHAPTER 269. AN ACT TO AMEND AN ACT FOR SUPPLYING THE CITY OF WORCESTER WITH PURE WATER. Be it enacted, &c., as follows : city council au- SECT. i. For the purpose of defraying all costs thorized to bor- . . . .. 111 row money and and expenses incurred or to be incurred under the issue bonds to . / 1 iiiir ri be denominated authority of chapter one hundred and four of the Water Scrip. . acts of the year eighteen hundred and sixty-four, the city council of the city of Worcester shall have authority to borrow from time to time such sums of money, and to issue notes, bonds or certificates therefor, to be denominated on the face thereof, " Worcester Water Scrip, " as they shall deem . necessary, to an amount not exceeding two hnudred i See page 60. STATUTES. 59 and fifty thousand dollars, in addition to the amount authorized by the act aforesaid, upon the same terms and conditions, and with the same authority in regard to interest, and the sale of said scrip, and the payment of the principal thereof, and the appropriation and assessment of money for the payment of the principal and the interest of the moneys so borrowed, as contained in section five of the act aforesaid. SECT. 2. This act shall take effect upon its passage. APPROVED MAY 24, 1867. STATUTE 1871. CHAPTER 361. AN ACT IN ADDITION TO AN ACT FOR SUPPLYING THE CITY OF WORCESTER WITH PURE WATER. Be it enacted, &c., as follows : SECT. i. The city of Worcester may take and c;t y of Worcester hold any land not exceeding ten rods in width, on wotmd ?>>. , , , *i etc -> owned and around any pond, stream or reservoir, which has b y the city. been or shall be taken, held or owned by said city by authority of any of the acts for supplying said city with pure water, so far as may be necessary for the preservation and purity of the same. SECT. 2. The said city shall, within sixty days from the time its city council shall vote to take any 6O STATUTES. shaii file descnp- lands or ponds or streams of water, b.y authority of ufenin registry tri is or any former act, file in the office of the regis- kty i Brook. ized to hold, by purchase, the waters of Kettle Brook, so called, or any reservoir thereon, in the town of Leicester or Paxton, and to purchase the right to conduct the same into the Lynde Brook Reservoir in said Leicester, and to purchase any land neces- sary for the construction of dams or reservoirs or for the laying of pipes for this purpose. May purchase SECT. 2. The said city is also authorized to pur- hts> etc< chase any water rights, water privileges, mills or manufacturing establishments, the lands, buildings and machinery used, owned and connected there- with, which would be injured by the diversion of the waters of said brook as aforesaid, and which are sit- uated above the village of Trowbridgeville, in said Worcester; also, to purchase any water rights which would be affected by the diversion of the waters of said brook as aforesaid. STATUTES. 67 SECT. 3. The said city of Worcester is also au- May purchase thorized to hold, by purchase, the waters of Brook, North Pond and Weasel Brook, situated in i n roo ks. eas ' the north part of said city; also, to purchase any land necessary for the building or maintaining of dams, reservoirs or pipes for the purpose of con- ducting the water of said streams and pond into said city for the use of the inhabitants thereof. SECT. 4. The said city is also authorized to pur- May purchase chase any water rights, mills or manufacturing estab- mills> etc< lishments with the buildings, lands and machinery used, owned and connected therewith, which may be injured by the conducting of the waters of said streams and pond into the city as provided in sec- tion three of this act; provided, the same are situa- ted above the estate of the Washburn and Moen Manufacturing Company; also, to purchase any water rights which may be affected by the diversion of the waters of said streams and pond as aforesaid. SECT. 5. This act shall take effect upon its pas- sage. APPROVED APRIL 28, 1876. 68 STATUTES. STATUTE 1874. CHAPTER 86. AN ACT TO PROHIBIT FISHING IN ANY RESERVOIRS, PONDS, AND STREAMS TAKEN BY THE CITY OF WORCESTER FOR A SUPPLY OF PURE WATER. Be it enacted, &c., as follows : SECT. i. No person shall take any fish from Fishing prohibit- * ed in waters held anv reservoirs, ponds and streams held or owned by by the city for * J wTt? f pure *ke c *ty f Worcester f r the purpose of supplying said city with pure water, without the permission of the water commissioners of said city, under the direction of the city council of said city. SEC. 2. Any person offending against the pro- visions of this act shall forfeit and pay a fine of not less than five dollars and not more than fifty dollars, to be recovered by prosecution before any court of competent jurisdiction. APPROVED MARCH 24, 1874. STATUTE 1867. CHAPTER 106. AN ACT CONCERNING SEWERS AND DRAINS IN THE CITY OF WORCESTER. Be it enacted, &c., as follows : SECT. i. The city council of the city of Worces- ter may lay, make and maintain in said city all such STATUTES. 69 drains and common sewers as they shall adjudge to C i ty council may be for the public^ health or convenience, and may a> repair the same, from time to time, whenever necessary; and the said city and the citizens thereof, shall have the same rights, and be subject to the R i g htsof same liabilities, as if the same had been laid, made" or maintained under the provisions of chapter forty- eight of the General Statutes, except as hereinafter provided. ' SECT. 2. The city council of said city may fix . City council may the boundaries of Mill Brook, Lincoln Brook, Austin fixthe boundari <* of certain brooks, Street Brook, Hermitage Brook, Piedmont Brook, etc - and Pine Meadow Brook, with their tributaries ; said brooks being so named as aforesaid and described in a report to the city council of said city by the committee on sewerage, on the second day of Octo- ber, in the year eighteen hundred and sixty-six, and also in a plan prepared by A. C. Buttrick, copies of which report and plan are herewith presented to be filed with this act in the office of the secretary of the Commonwealth; and said city council may changeandre alter, change, widen, straighten and deepen the%^ st c ,; channels of said brooks, and remove obstructions same> etc- i By St. 1878, chap. 232, sect. 2. Plans, records of changes and assess- ments, and other particulars, shall be kept in the clerk's office. See St. 1869, chap, in; St. 1878, chap. 184, and 232; St. 1879, chap. 55, for general laws. 7O STATUTES. therefrom, and may use and appropriate said brooks, cover them, pave and enclose them in retaining walls, so far as they shall adjudge necessary, for purposes of sewerage, drainage and the public health. city council may SECT. 3. The city council of said city may take take and hold real estate. and hold, by purchase or otherwise, such land, water rights, dams, or other real estate, and so use, alter or remove the same as they shall adjudge necessary for the purposes aforesaid. And if any person shall Damages to be sustain damages to his property by reason thereof, STout^igh- and shall fail to agree upon a settlement of the same with said city council, the same shall be assessed in the same manner and upon the same principles as damages are assessed in the laying out of highways- Persons bene- SECT. 4. Every person owning real estate upon astessmentf anv street in which any drain or sewer may be laid under or by virtue of this act, and upon the line thereof, or whose real estate may be benefited thereby, shall pay to said city such sum as the mayor and aldermen shall assess upon him as his propor- tionate share of the expenditure of the city for drains and sewers; and the sum so assessed upon him Assessments to constitute a lien. s h a n constitute a lien upon said real estate for two years after it is assessed ; and if not paid within ninety days after notice of said assessment served STATUTES. 7 1 upon the owner of said land, or his agent, may be levied by a sale of said real estate to be conducted in the same manner as a sale of real estate for the non-payment of taxes. And any person aggrieved Persons ag _ by the doings of the mayor and aldermen under. J^ f * this section, may at any time within three months 1 " 1 from receiving notice of any assessment, apply for a jury in the manner provided in the sixth section of the forty-eighth chapter of the General Statutes. 1 SECT. 5. For the purpose of defraying the expen- city council ses and outlays incurred for the purposes aforesaid, ^*^ to or so much thereof as they shall see fit, the city council of the city of Worcester are hereby authorized to issue, from time to time, scrip, notes, bonds or certificates of debt, to be denominated on the face thereof " Sewer Scrip of the City of Worcester, " to an amount not exceeding two hundred thousand dollars, and redeemable in not less than ten years, from and after the date thereof. SECT. 6. This act shall be void unless submitted Inis act to be to the voters of said city of Worcester, and appro ved^ uedtothe by a majority of those voting at ward meetings held i May petition Superior Court, St. 1873, chap. 261. 72 STATUTES. simultaneously, in said city in the several wards, within one year from the passage of this act, which meetings shall be called in the same manner as other legal meetings of said wards, and for the pur. pose of voting upon the approval of this act, either solely or with other legal purposes. APPROVED MARCH 29, 1867. APPROVED BY THE VOTKRS, APRIL 16, 1867. STATUTE 1871. CHAPTER 354. AN ACT IN ADDITION TO AN ACT CONCERNING SEWERS AND DRAINS IN THE CITY OF WORCESTER. Be it enacted, &c., as follows : SECT. i. If the owner of any real estate which . v shall be assessed under the provisions of section Apportionment of assessment f f chapter one hundred and six of the acts of under provisions i vear eighteen hundred and sixty-seven, desires to have the amount of said assessment apportioned, he shall give notice thereof in writing to the mayor and aldermen of the city of Worcester, at any time before a demand is made upon him for the payment thereof; and said mayor and aldermen shall there- upon apportion the said amount into five equal parts, which apportionment shall be certified to the STATUTES. 73 assessors of said city, and the said assessors shall add one of said equal parts to the annual tax of said estate each year for the five years next en suing; Assessments to draw interest at and interest at the rate of seven per centum a year seven per cent. shall be added to each of. said parts, from the time of making the apportionment to the time such part will become due and payable ; and each of said parts, with the interest which shall accrue thereon, shall constitute a lien upon said real estate, in the same manner as taxes are a lien upon said real estate, and may be collected in the same manner as taxes upon real estate are collected ; and all assess- ments which shall be laid upon real estate for the causes mentioned in said act, shall draw interest at said rate from the time when the same became due and payable until the payment thereof. SECT. 2. When any assessment made under whenassessment authority of said act shall be reduced in amount byj^ the verdict of a jury, the collection of the assess- ment so reduced may be enforced in the same man- ner as the original assessment might have been, if no objection had been taken thereto ; and in all cases in which the validity or amount of any such assessment shall be drawn in question in any suit, the lien upon the real estate so assessed shall be continued two years from the final determination of such suit. 74 STATUTES. invalid assess- SECT. 3. Every such assessment upon any real ments may be i * i i i i r e-made. estate, which is invalid by reason of any error or irregularity in the making thereof, and which has not been paid, or which has been recovered back, may be re-made by the mayor and aldermen of said city for the time being, to the amount for which the original assessment ought to have been made. Costs SECT. 4. If any such assessment is reduced in amount by a jury, the petititioner shall recover costs against the respondents; if the jury shall not reduce the amount of such assessment, the respond- ents shall recover costs. SECT. 5. If any person whose land, water-rights, Damages, how J r assessed. dams or other real estate have been or shall be taken by said city by authority of sections one, two or three of said act, shall not agree with said city upon the amount of the damages to be paid there- for, he may have them assessed by the county commissioners for the county of Worcester, by making a written application therefor at any time within two years of the passage of this act, or within two years after the taking of said land, water-rights, dams or other real estate, and not afterwards ; and if either party is dissatisfied with the doings of the commissioners in the estimation of said damages, STATUTES. 75 such party may have them assessed by a jury ; ' and the proceedings shall be conducted and the damages shall be assessed in the same manner and upon the same principles as damages are or may be asssessed in the laying out of highways in said city. SECT. 6. In every case of a petition for the city may con. sent in court that assessment of damages, or for a jury, as provided ma specified sum may be awarded the preceding section, the said city may offer in to complainant. court and consent in writing, that a sum therein specified may be awarded as damages to the com- plainant; and if the complainant shall not accept the same within ten days after he has received notice of such offer, or within such further time as the court shall for good cause grant, and shall not finally recover a greater sum than the sum so offered, not including interest on the sum recovered in dam- ages from the date of the offer, the said city shall be entitled to recover its costs after said date, and the complainant, if he recover damages, shall be allowed his costs only to the date of the offer. SECT. 7. This act shall take effect upon its passage. APPROVED MAY 26, 1871. i May petition Superior Court, St. 1873, chap. 261. 76 STATUTES. STATUTE 1869. CHAPTER 390. AN ACT CONCERNING SIDEWALKS IN THE CITY OF WORCESTER. Be it enacted, &c., as follows : May establish SECT. i. The city council of the city of Worces- and grade side- . 1-1 ITI i 1-1 walks. ter is hereby authorized to establish and grade side- walks and set curbstones in such streets in said city as the public convenience may require, and construct the same with such material as the city council shall deem expedient ; and may, in like manner, from time to time, re-establish, grade, reconstruct and repair such sidewalks and curbstones, and any side- Mayassessex- walks and curbstones heretofore established in said pense upon abut- , ^11 i ters . city ; and may assess upon the abutters on such sidewalks the whole or any part of the expense of the same, that portion of the expense not so assessed Assessments to being paid by said city. All assessments so made shall be a lien upon the abutting lands in the same manner as taxes are a lien on real estate, and may be collected in the same manner as taxes on real estate are now collected. when to take SECT. 2. This act shall take effect whenever the city council of said city shall accept the same. APPROVED JUNE 12, 1869. ACCEPTED SEPT. 20, 1869. STATUTES. 77 STATUTE 1850. CHAPTER 188. AN ACT CONCERNING STREETS AND WAYS IN THE CITY OF WORCESTER.- Be it enacted, &c., as follows : SECT. i. When any street or way which now is Abutter sto or hereafter shall be opened, in the city of Worces-w^^en'tV"* ter, over any private land by the owners thereof, and pu dedicated to, or permitted to be used by the public, before such street shall have been accepted and laid out according to law, it shall be the duty of the owners of the lots abutting thereon, to grade such street or way at their own expense, in such manner as the safety and convenience of the public shall, in the opinion of the mayor and aldermen of said city require; and if the owners of such abutting lots Proceedings in shall after reasonable notice given by the said m ayor^ s r e ef u f sa n , eg1 ' and aldermen, neglect or refuse to grade such street or way in manner aforesaid, it shall be lawful for the said mayor and aldermen to cause the same to be graded as aforesaid, and the expense thereof shall, after due notice to the parties interested, be equita- bly assessed upon the owners of such abutting lots, by the said mayor and aldermen in such proportions as they shall judge reasonable; and all assessments so made shall be a lien upon such abutting lands in 78 , STATUTES. like manner as taxes are now a lien upon real estate : proviso. provided, that any such grading of any street or way by the mayor and aldermen aforesaid, shall not be construed to be an acceptance of such street or way by the city of Worcester. NO street less SECT. 2. No street or way shall hereafter be opened as aforesaid in said city,, of a less width than forty feet, except with the consent of said mayor and aldermen, in writing, first had and obtained for that purpose. SECT. \ This act shall take effect in thirty days When to take J J ffect from the passing thereof, unless the city council of said city shall within that time vote not to accept the same. APPROVED APRIL 13, 1850. STATUTE 1850. CHAPTER 29. AN ACT TO INCORPORATE THE WORCESTER GAS LIGHT COMPANY. Be it enacted, &c., as follows : SECT, i, John W. Lincoln, George T. Rice, Corporators. Charles Thurber, their associates and successors, are hereby made a corporation, by the name of the Worcester Gas Light Company, for the purpose of STATUTES. 79 manufacturing and selling gas, in .the city of Wor- cester, in the county of Worcester, with all the pow- D * Powers and ers and privileges, and subject to all the duties, re- duties - strictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes ; [Also, 1 to the provisions, restrictions, and conditions, of an order adopted by the city council of the city of Worcester, on the third day of May, in the year one thousand eight hundred and forty-nine, giving leave to Blake and Darracott, and their associates, to erect coal gas works in the city of Worcester, and to lay pipes for distributing the gas through the streets of said city.] SECT. 2. Said corporation may hold such real and Real and per personal estate as may be necessary and convenient 501 for the purpose aforesaid, not exceeding in value the sum of two hundred thousand dollars. 2 SECT. 3. No shares in the capital stock of said Proviso. corporation shall be issued for a less sum or amount to be actually paid in on each, than the par value of the shares which shall be first issued. 3 SECT. 4. Said corporation with the consent of the May ope n the mayor and aldermen of the city of Worcester, shall & c ., with leave , ii i i . of mayor and have power and authority to open the ground, in any a idermen. 1 Repealed by St. 1850, chap. 237, printed on page 81,. 2 Five hundred thousand dollars. St. 1866, chap. 27 ; St. 1869, chap. 25. 3 To be one hundred dollars. St. 1869, chap. 25. 8O STATUTES. part of the streets^, lanes, and highways, in said city, for the purpose of sinking and repairing such pipes and conductors, as it may be necessary to sink for the purpose aforesaid ; and the said corporation, after opening the ground in said streets, lanes, or highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a Proviso nuisance : provided, that the said mayor and alder- men, for the time being, shall, at all times, have the power to regulate, restrict, and control, the acts and doings of said corporation, which may in any manner affect the health, safety, or convenience of the inhabitants of said city. city may pur- [SECT. 51. The city of Worcester, at any time hereafter, shall chase, &c. have the right to purchase the franchise of said corporation, by paying therefor the actual cost of the works they shall have erected, with ten per cent, interest thereon, after first deducting such amounts as may have been paid to the stockholders as * dividends upon the stock.] SECT. 6. This act shall take effect from and after its passage. FEBRUARY 19, 1850. I Repealed by St. 1850, chap. 237, printed on page 81. STATUTES. 8 1 STATUTE 1850. CHAPTER 237. AN ACT IN ADDITION TO AN ACT TO INCORPORATE THE WORCESTER GAS LIGHT COMPANY. Be it enacted, &<:., as follows : SECT. i. So much of the act to which this is in Repealofpartsof addition, as is contained in the first section thereof, n after the words " thirty- eighth and forty-fourth chap- ters of the Revised Statutes," and also so much as is contained in the fifth section thereof, be and the same is hereby repealed. SECT. 2. The said corporation shall make such . Extension of extension of their pipes, and furnish the gas in such f. lpe %\ direc " o tion of city quantities, as the city council may from time to time 001 direct: provided, the city council shall guarantee to proviso said company a profit of six per cent, per annum on such extension. The rates of charges to the city and the inhabitants, shall not exceed the rates that may be charged for gas of similar kind and quality, in either of the cities of Boston, New York, or Baltimore. SECT. 3. This act shall take effect on and after its passage. APRIL 26, 1850. 82 STATUTES. STATUTE 1851. CHAPTER 159. AN ACT TO INCORPORATE THE WORCESTER GAS LIGHT COMPANY. Be it enacted, &c., as follows : corporators. SECT. i. John W. Lincoln, George T. Rice, Charles Thurber, their associates and successors, Name. are hereby made a corporation, by the name of the Worcester Gas Light Company, for the purpose of manufacturing and selling gas in the city of Worces- Powers and till i i dmies. ter, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes. Real and per. SECT. 2. The said corporation may hold such sonal estate. 111 i i real and personal estate as may be necessary and convenient for the purpose aforesaid, not exceeding in value the sum of two hundred thousand dollars. 1 NO shares to be SECT. 3. No shares in the capital stock of the th S "n par a value! said corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. 2 1 To be five hundred thousand dollars. See St. 1866, chap. 27 ; St. 1869, chap. 25. 2 To be one hundred dollars. St. 1869, chap. -25. STATUTES. 83 SECT. 4. The said corporation, with the consent Power to open of the mayor and aldermen of the city of Worcester, gr( shall have power and authority to open the ground in any part of the streets, lanes, and highways, in the said city, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid, and the said corpora- tion, after opening the ground in such streets, lanes, He id to pm the i i 1111111 i same in repair or highways, shall be held to put the same again aga in. into repair under the penalty of being prosecuted for a nuisance : provided, that the said mayor and proviso. aldermen, for the time being, shall at all times have the power to regulate, restrict, and control, the acts and doings of the said corporation which may in any manner affect the health, safety or convenience of the inhabitants of the said city. SECT. 5. The corporation hereby created shall shaii assume 11 1 i- i ! r i liabilities of assume all the liabilities ot the present proprietors proprietors r i T i i TTT of present gas of the gas light works in Worcester, in relation to works, & c . the making and selling of gas. SECT. 6. This act shall take effect from and after its passage. MAY 15, 1851. 84 STATUTES. STATUTE 1860. CHAPTER 14. AN ACT CONCERNING THE FREE PUBLIC LIBRARY OF THE CITY OF WORCESTER. Be it enacted, &c., as follows : Donations. SECT. 1. The city of Worcester is hereby author- ized to hold the donations of Doctor John Green and of the Worcester Lyceum and Library Association, and to provide for the establishment and support of Government. a F ree Public Library, to be regulated and governed according to the provisions of the city ordinance passed on the twenty-third day of December, in the year one thousand eight hundred and fifty-nine, entitled " An ordinance for the establishment of the Free Public Library of the city of Worcester." city council to SECT. 2. The city council of said city are author- make appropria- , in ^' r ^.t. tion . ized to make all necessary appropriations for the erection of a suitable library building, and for the care and preservation of the library, and for the em- ployment of the officers to be appointed in pursuance of said ordinance. They may further appropriate for the establishment of said library, in the year one Amounts. thousand eight hundred and sixty, a sum not exceed- ing five thousand dollars, and thereafter such further sums as they see fit, not exceeding three thousand dollars in each year, for the increase of the same. STATUTES. SECT. 3. This act shall take effect from and after its acceptance by the city council of said city. APPROVED FEBRUARY 2, 1860. ACCEPTED BY THE CITY COUNCIL MARCH 26, 1860. STATUTE 1868. CHAPTER 195. 1 AN ACT CONCERNING THE FIRE DEPARTMENT OF THE CITY OF WORCESTER. Be it enacted, &c., as follows : SECT. i. The city council of the city of Worcester city of Worces- ter may establish is hereby authorized to establish a fire department a Fire Depart- ment. for said city, to consist of as many engineers, officers, engine-men and members, as the city council, by ordinance, shall from time to time prescribe. SECT. 2. The city council shall have authority to city council to make such provisions in regard to the time and mode ^"officers and" f i J j.1- J f ^.1 members, and or appointment, and the occasion and. manner 01 the regu iate general- removal of either officers or members ; to make such y requisitions in respect to their qualifications and period of service ; to define their office and duty ; to fix and provide for the payment of their compensa- tion ; and, generally, to make such regulations in regard to their conduct and government, and to the management and conduct of fires and persons attend- ing at fires, subject to penalties to be prescribed i For provisions in the charter, see pages 15, 17. 86 STATUTES. Provisos. by ordinance, as they shall deem expedient: pro- vided, said ordinances be not repugnant to the laws of the Commonwealth : and provided, also, that the appointment of engine-men, hose-men, hook and ladder-men, shall be made by the mayor and aldermen. May delegate SECT. 3. The powers and duties conferred and powers and . 111- i i rrii duties. imposed by this act may be carried into enect by the city council in any manner they may prescribe, and through the agency of any person or board to whom they may delegate the same. SECT. 4. The act entitled " An Act to establish Repeal. a fire department in the town of Worcester," passed on the twenty-sixth day of February, in the year eighteen hundred and thirty-five, and all other acts and parts of acts in addition thereto are hereby repealed. when to take SECT. 5. This act shall take effect upon its pas- sage, but it shall not operate upon existing laws and ordinances, relating to the fire department of the city of Worcester, until it shall have been adopted by the city council thereof, and until said council shall have passed an ordinance establishing a fire department for said city, under the authority of this act. APPROVED MAY 9, 1868. ADOPTED BY THE CITY COUNCIL, SEPT. 28, 1868. STATUTES. 87 STATUTE 1875. CHAPTER 234. AN ACT TO INCORPORATE THE WORCESTER PROTECTIVE DEPARTMENT. Be it enacted, &c., as follows : SECTION i. John D. Washburn, Charles B. Pratt, Worcester Pro- Augustus N. Currier, Dana K. Fitch, George E. mentLo^ora- Kendall, and all other officers for the time being of any incorporated company or association, and any agent doing the business of fire insurance in the city of Worcester, who may become associated with them and their successors, are hereby created a body corporate, by the name of the " Worcester Protective Department," with power to sue and to be sued, and may hold by purchase, devise or otherwise, real and personal property, for the use of said corporation, to an amount not exceeding one hundred thousand dollars, and may sell and convey any part thereof, subject, however, to the laws of this Commonwealth. SECT. 2. Said corporation shall have power to May ma - intain a i -t . r ,1 corps of men provide and maintain a corps of men, with proper andofficers . officers, whose duty it shall be, so far as practicable, to discover and prevent fires, and shall provide suit- able apparatus to save and preserve life and property at or after a fire ; and power is hereby granted to such corps and its officers to enter any building on 88 STATUTES. fire, or which in their judgment is immediately exposed to, or in danger of, taking fire from other burning buildings, to protect and save life and prop- erty therein, and to remove such property, or any part thereof, at or immediately after a fire ; provided, however, that nothing in this act shall be so construed as to lessen, in any way, the authority of the officers or members of the Worcester Fire Department, or to warrant or justify any interference with them in the performance of their duties, nor shall it in any way justify the owner of any building or personal property, in the abandonment of his property. Department to SECT. 3. The officers and men of the Worcester ta^wMe' gting Protective Department, with their teams and appar- atus, shall have the right of way while going to a fire through any street, lane or alley in the city of Worcester, subject to such rules and regulations as the city council may prescribe, and subject also to the rights of the Worcester Fire Department, and any violation of the street rights of the Worcester Protective Department shall be punished in the same manner as is provided for the punishment of violations of the rights of the fire department of the city of Boston, in chapter three hundred seventy- four of the acts of eighteen hundred seventy-three. SECT. 4. In the month of June, eighteen hun- dred seventy-five, and in the month of June in every STATUTES. 89 year thereafter, there shall be held a meeting of the Annua i mee ting corporation hereby created, of which ten days' t n! e previous notice shall be inserted in at least two newspapers published in the city of Worcester, at which meeting each incorporated insurance com- pany or association doing business in the city of Worcester, whether its officers or its agents be members of this corporation or not, shall have the right to be represented by one of such officers or agents, and each organization represented at such meeting shall be entitled to one vote. A majority of the whole number so represented, shall have the power to decide upon the question of sustaining the corps herein before mentioned, and of fixing the maximum amount of expenses which shall be incurred therefor during the fiscal year next to ensue ; and the whole of such amount, or so much thereof as may be necessary, may be assessed upon the organizations belonging to this corporation, and upon all other organizations and agencies as herein before mentioned, in proportion to the several amounts of premiums returned as received by each, as hereinafter provided, and such assessment shall be collectible by this corporation in any court of law in the state of Massachusetts. SECT. 5. To provide for the payment of persons Payment of . ... employees pro- employed, and to maintain the apparatus for savingvidedfor. STATUTES. life and property contemplated, this corporation is empowered to require a statement to be furnished semi-annually by all corporations, associations, under- writers, agents, or persons, of the aggregate amount of premiums received for insuring property in the city of Worcester, for and during the six months next preceding the thirtieth day of June and the thirty-first day of December of each year, which statement shall be sworn to by the president or sec- retary of the corporation and association, or by the agent or person so acting or effecting such insur- ance in said city, and shall be handed to the treasurer of this corporation, within thirty days after the time to which such terms are to be made. SECT. 6. It shall be lawful for the treasurer or MfteCUDf 10 other appointed officer of this corporation, within ten days after the first day of January, and the first day of July, in each year, by written or printed demand, signed by him, to require from every corporation, association, underwriter, agent or per- son engaged in the business of fire insurance, in the city of Worcester, the statement provided for in the last preceding section of this act ; and every officer of such corporation or association, and every individ- ual, agent, or underwriter, who shall for thirty days after such demand neglect to render the account, shall forfeit fifty dollars for the use of the corporation STATUTES. 9 1 created by this act ; and he* shall also forfeit, for their use, five dollars in addition for every day he shall so neglect, after the expiration of the said thirty days ; and such additional penalty may be computed and recovered up to the time of the trial of any suit for the recovery thereof, which penalty may be sued for and recovered, with cost of suit, in any court of record within this state. SECT. 7. This act shall take effect upon its ' passage. APPROVED MAY 19, 1875. STATUTE 1869. CHAPTER 361. AN ACT TO AUTHORIZE THE CITY OF WORCESTER AND THE TOWNS OF HOLDEN, PRINCETON, RUTLAND, BARRE, HUB- BARDSTON AND GARDNER TO TAKE STOCK IN THE BOSTON, BARRE AND GARDNER RAILROAD CORPORATION. Be it enacted, &c., as follows : SECT. i. The city of Worcester is hereby author- chy ized to subscribe to the capital stock of the Boston, It Barre and Gardner Railroad Corporation, an amount Railroad, not exceeding one per centum of the valuation of said city according to the valuation of the City Asses- sors for the year eighteen hundred and sixty-eight, and to pay for the same out of the treasury of the city, 92 STATUTES. and to hold the same 'as city property. And the towns of Holden, Princeton, Rutland, Barre, Hub- bardston and Gardner are hereby authorized to sub- scribe to the said capital stock an amount not ex- ceeding in all five per centum of the valuation of said towns according to the valuation of the Asses- sors of each of the said towns for the year eighteen hundred and sixty-eight, and to pay for the same out of the treasury of the town that shall so sub- scribe, and to hold the same as town property ; and said stock, when so subscribed and paid for, shall be subject to the disposal of the said city and each of said towns that shall become subscribers to said stock under this act, for public purposes, in the same manner as any other property it may possess : pro- Proviso. vided, that if the city and towns aforesaid shall become subscribers to the stock of any other rail- road company under authority that has been hereto- fore conferred upon them, or may hereafter be conferred upon them, by any act of the Legislature, the whole amount of their subscription to all railroad companies shall not exceed five per centum of the aforesaid valuation. The total amount to be sub- scribed to the capital stock of said railroad corpora- tion shall be determined at a city or town meeting of the city of Worcester, and towns of Holden, Princeton, Rutland, Barre, Hubbardston and Gard- ner, legally warned and called. STATUTES. 93 SECT. 2. The said city of Worcester, and towns May raise money of Holden, Princeton, Rutland, Barre, Hubbardstonpaysubs^iptrons! and Gardner, are hereby authorized to raise by the issuing of bonds, or by loan or tax, any sums of money which shall be required to pay instalments or subscriptions to said stock and interest authorized by this act. SECT. 3. The said city of Worcester, and towns subscription. of Holden, Princeton, Rutland, Barre, Hubbardston and Gardner, may appoint a committee who shall subscribe in behalf of the city or town for such num- ber of shares in the capital stock of said corporation as shall be voted by said city or towns. And said Vote of dty> how committee are hereby authorized to cast the vote of to said city and towns in the choice of directors of said railroad at the first meeting of the stockholders thereof, after the said city or towns shall have sub- scribed, called for that purpose ; and thereafter the vote of said city or towns in the choice of directors of said railroad shall be cast by the person or per- sons whom said city or towns may appoint. APPROVED JUNE 8, 1869. STATUTES. STATUTE 1871. CHAPTER 339. AN ACT TO AUTHORIZE THE CITY OF WORCESTER TO ( ESTABLISH A CITY HOSPITAL. Be it enacted, &c., as follows : May estawsh a SECT, i . The city of Worcester is hereby author- City Hospital. . 11*1 i i -\ r ized to erect, establish and maintain a hospital for the reception of persons who, by misfortune or pov- erty, may require relief during temporary sickness. city council may SECT. 2. The city council of said city shall have make regulations , it* i 11 for management, power to make such ordinances, rules and regula- tions as they may deem expedient, for the appoint- ment of trustees and all other necessary officers, agents and servants for managing the said hospital. SECT. 3. This act shall take effect upon its pas- sage. APPROVED MAY 25, 1871. STATUTE 1873. CHAPTER 282. AN ACT TO AUTHORIZE THE CITY OF WORCESTER TO PURCHASE LAND FOR SLAUGHTER-HOUSES. Be it enacted, &c., as follows : M ay purchase SECT, i . The city of Worcester may purchase and and lease land * A land as a place for carrying on the business of STATUTES. , 95 slaughtering cattle and other animals, and may lease the same for said purpose upon such terms and con- ditions as the city council of said city shall prescribe. SECT. 2. This act shall take effect upon its pas- sage. APPROVED MAY 12, 1873. STATUTE 1874. CHAPTER 229. AN ACT TO AUTHORIZE THE CITY OF WORCESTER TO TAKE AND HOLD LAND FOR SLAUGHTER-HOUSES AND FOR OTHER PURPOSES. Be it enacted, &c., as follows: SECT. i. The city of Worcester may take and May take ]and hold by purchase or otherwise, such a tract of land,p a JJ r vi ^ gh ! within said city, bordering on the line of some rail- tei road not within two miles of the city hall building in said city, and not exceeding three hundred acres in extent, as the mayor and aldermen of said city may adjudge necessary and suitable for the purpose of providing a place or places for carrying on the busi- ness of slaughtering cattle, sheep and other animals, and for melting and "rendering" establishments. t SECT. 2. If the mayor and aldermen of said city 96 STATUTES. Damages to be ^ a ^ to agree with the owner or owners of said land, ftrTandlke^ as to the damage to be paid therefor, such damages ays> shall be determined and recovered in the same man- ner in which damages are determined and recovered for land taken for highways. APPROVED MAY 11, 1874. STATUTE 1880. CHAPTER 56. AN ACT TO EXTEND THE TIME DURING WHICH THE CITY OF WORCESTER IS AUTHORIZED TO BUY AND HOLD CERTAIN LAND FOR A PUBLIC PARK AND A RESERVOIR. Be it enacted, &c., as follows : The city of Worcester, by its city council, at any time within two years from the fifteenth day of April, in the year eighteen hundred and eighty, may buy and hold for the purposes named in chapter one hundred and ninety-six of the acts of the year eighteen hundred and seventy-three, the land there- in described. APPROVED MARCH 5, 1880. 97 ORDINANCES. CITY OF WORCESTER, IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND EIGHTY. Be it Ordained by the Mayor, Aldermen and Common 4 Council of the City of Worcester, in City Council assembled, as follows: CHAPTER I. ASSESSORS. SECTION i. The assessors shall hold their office organization and term of office. for the term of three years and shall meet as soon as practicable after the annual election of an assessor in each year, and organize themselves into a board by the choice of a chairman and clerk ; and a major- ity of the board shall be required for the transaction of business. SECT. 2. The clerk shall have the care and cierk of asses- sors. custody of all the books, papers, and documents belonging to the board, and shall deliver the same 9 ORDINANCES. Duties of. to his successor in office. He shall keep a record of all the transactions of the board, including the names of all persons whose taxes may be abated, or corrected, the amount of tax originally assessed, and the amount abated and the reasons for such abatement, in suitable books to be furnished by TO be a registrar the city. He shall be ex-o/Rcio a member of the of voters. board of registrars of voters. Assessors. SECT. 3. It shall be the duty of the assessors on the first day of May, in each year, or as soon as practicable thereafter, to assess all taxes in the man- ner prescribed by law ; and for this purpose they may, when deemed necessary by them, call upon the assistant assessors, or any of them, for the per- formance of any duty relating to said assessment. They shall complete their assessment and place the list of taxes with their warrant for the collection of the same, in the hands of the collector, on or before the first day of September, in each year, and they shall indicate in said list the residence of the several persons assessed. Duties. SECT. 4. It shall be the duty of the assessors to furnish any information in their possession neces- sary to aid the registrars of voters in the discharge of their respective duties. ORDINANCES. 99 CHAPTER II. AUDITOR. Charter, Sec. 18, 19. SECT. i. The city auditor shall give a bond with sha ii give bond, surety or sureties, to be approved by the mayor and aldermen, in the sum of five thousand dollars, for the faithful performance of his duties, and the deliv- ery to his successor or to the city clerk, of all books, papers, documents and property belonging to said office. Whenever the office of auditor shall be vacant by death, resignation, or otherwise, or when- Vacancyinthe ever he may, from any cause, be unable to perform office ' the duties of said office, the mayor may appoint an auditor pro tempore, to hold office, unless sooner removed by the mayor, until the vacancy shall be filled by the city council, or the disability shall cease, as the case may be. The auditor pro tempore shall have all the powers and be subject to all the liabilities which pertain to the office ; but no official bond shall be required of him unless the same be ordered by the mayor. SECT. 2. The auditor shall, under the direction T of the committee on finance, keep his accounts in such form, and by such divisions and in such details, :eep ac- counts. 100 ORDINANCES. information officers. as may be necessary to a clear exhibit of the expen- ses incurred by each of the several departments of the government, in their various operations, stating, among other things, the appropriation for each department, and for each distinct object of expendi- ture; and, whenever the appropriations for any department or for any objects have been exhausted, he shall immediately communicate the fact to the city council, and all expenditures therefor shall cease until a further appropriation is duly made. The auditor shall, when requested, furnish to the chairman of the board, committee, or head of the department having .work in charge, the amount of the appropriation therefor, and the amount drawn for in gross or in detail, when requested so to do. To be clerk of committees. Receive bills. SECT. 3. The auditor shall be clerk of the com- mittees on finance and claims. He shall receive all bills and accounts from persons having demands against the city, examine them in detail, and have them filed and entered in books in such manner and form as the committee on finance may direct. All doubtful bills and accounts, so received, shall be presented by the auditor to the committee, at their next meeting, before being entered in said books. Make reports. ]-[ e s h a n make an exhibit of the state of the appro- priations monthly to the city council, and shall ORDINANCES. IO1 render such other service as the city council, or said committee, may direct. SECT. 4. The auditor shall present to the city Presentyearly 1 . i r L TV it *i c T 1 estimates, and a council on the first Monday 01 January in each year, yea riy report. as far as he may be able, an estimate of the amount of money necessary to be raised for the current financial year, under the respective heads of appro- priations ; said estimate shall state the amount of contracts unfulfilled, the probable cost of completing work commenced, and of executing orders not yet entered upon, and also the amount required by law to be applied, during the current financial year, to the liquidation of the city debt. He shall also sub- mit, at the time aforesaid, a report showing all the receipts and expenditures of the past financial year, giving in detail the amount of appropriations and revenue, and the expenditures for each specific object, the same to be arranged to conform as nearly as may be with the accounts of the city treasurer; said report shall be accompanied by a statement of all debts or liabilities of the city, the rates of interest thereon, and the year in which the same will become due, and a schedule of all property belonging to the city, and of all leases of city property, with the rates of rents, names of tenants, and date and termination of leases. Each officer of the city, and each com- mittee of the city council, shall furnish to the IO2 ORDINANCES. city officers to auditor all the information in their possession that give information ...... to auditor. will assist him in making up the report and estimates herein called for. s- SECT. 5. It shall be the dutyof the auditor, on J * the first day of May in each year to make a return to the assessors of all sums appropriated, granted or lawfully expended by the city since the last preced- ing annual assessment, and not provided for therein ; and all sums necessary to satisfy final judgments recovered against the city, specifying the sums for the payment of which the city shall have voted to 'contract debts under section three of chapter two hundred and nine of the Acts of 1875; also the amount of temporary loans expressly made payable from the taxes of the current year, by vote of said city, and incurred in anticipation thereof; also all sums required for the payment of interest upon the debt of the city ; also the amount of money reported to him by the commissioners of the sinking funds as required to be raised that year by taxation as the necessary contribution to each of the sinking funds of the city for the redemption of the debt to which each of said funds is applicable according to law. Departments to SECT. 6. It shall be the duty of the several return Auditor s.&c. departments and officers of the city to cause to be delivered to the auditor, who shall take account of ORDINANCES. IO3 and deliver the same to the city treasurer for collec- tion, all special taxes, assessments and accounts against persons indebted to the city ; and no other department or officer of the city shall receive pay- ment of any such account, except when specially authorized to receive the same. SECT. 7. All officers authorized to receive money City officers , in behalf of the city, except the collector of taxes, Joik'cStT" 6 i ,, f . | .1 .1 treasurer mon- shall, as often as once in each month, pay over the th i y and rep ort same to the city treasurer, reporting at the time of to payment the amount thereof to the auditor ; and the auditor shall audit the accounts of all such officers Auditortoaudit at the close of each municipal year, and at the expi- ^ s of dty ration of their respective terms of office, or at any other time when ordered by the city council, and for this purpose he shall have access to all books and vouchers in the possession of any officer or com- mittee of the city, and he shall, in every case when so ordered, report to the city council the result of his examination. 104 ORDINANCES. CHAPTER III. BUILDING AND NUMBERING. city council to SECT. i. The city council shall have power to nSerin^of cause numbers of regular series to be affixed to or inscribed on all dwelling-houses and other buildings erected, or fronting on any street, lane, alley or pub- lic court in said city, and shall have power to deter- mine the form, size and material of such numbers, and the mode, place, succession and order of affixing them on such houses or other buildings ; and the owner, agent or person having the control of any building or part of a building, shall affix to the same the number designated by the city council or a committee thereof duly authorized, and shall not affix to the same, nor permit to remain thereon more than one day, any number contrary to the direction of the city council or committee so authorized. CHAPTER IV. BY-LAWS AND ORDINANCES. SECT. i. All by-laws passed by the city council By-laws to be * J J termed ordin- s hall be termed ordinances, and the enacting style, ances. Enacting style. wn i cn shall be but once recited in each ordinance, shall be " Be it ordained by the mayor, aldermen ORDINANCES. IO5 and common council of the city of Worcester, in city council assembled, as follows : " SECT. 2. In all votes in which either or both Form O f votes. branches of the city council express any thing by way of command, the form of expression shall be " Ordered," and whenever either branch or both branches .express opinions, principles, facts or pur- poses, the form of expression shall be " Resolved." CHAPTER V. CITY DOCUMENTS. SECT. i. All city documents, except the rules F orm and dis and regulations of the police and fire departments, document!' y shall be printed in pamphlet form, of uniform size, and bound together, annually, in one volume, under the direction of the city clerk, one copy of which shall be deposited in the Free Public Library ; one in the library of the American Antiquarian Society ; one in the library of theWorcester County Mechan- ics' Association ; one in the library of the Worces- ter Society of Antiquity ; and one shall be sent to the State library ; one to the Free Public Library of Boston ; and one to the Smithsonian Institute at Washington. IO6 ORDINANCES. CHAPTER VI. CITY HOSPITAL. See St. 1871, c. 339, printed on page 94. Trustees to have SECT. i. The entire care, management and con- trol of the city hospital shall be vested in a board of HOW board is trustees consisting of seven persons, three of whom shall be selected from the members of the city coun- cil, and four from the citizens at large. m . SECT. 2. The present board of trustees elected Election and term of office, under the provisions of an ordinance entitled 'An Ordinance relating to the City Hospital,' passed by the city council, June 26th, 1871, shall continue in office according to the terms and conditions of said ordinance. In the month of January, in the year eighteen hundred and eighty-one, and annually thereafter in said month, there shall be elected by concurrent vote, to be trustees of said hos- pital, one member of the board of aldermen, and two members of the common council, to hold their offices for one year, and one citizen at large to hold his office for four years, and until others vacancy. are chosen respectively in their places. When- ever any vacancy shall occur in said board by death, resignation, or otherwise, such vacancy shall be reported by said board to the city council. ORDINANCES. Said trustees shall meet as soon as practicable organization of after each annual election, and choose a president and secretary from their own number, and a major- Q uorum - ity shall constitute a quorum for business. SECT. 3. Said trustees shall prepare all needful Trustees to make rules and regulations for the government and man- agement of said hospital. They may appoint such Appoint P hysi- -. .... ... , cians, &c., and consulting and visiting physicians and surgeons as fk compensation. they shall deem expedient, and they may also appoint such subordinate agents, assistants, and domestics as they may consider necessary, and fix their compensation. SECT. 4. Said trustees may lease suitable lands May lease land, and buildings for the purpose of said hospital, and patrs ^a buy 6 have the care and control of the same ; make all "' necessary repairs, alterations and improvements, and purchase furniture, bedding, and such other appur- tenances as may be needful for the institution. SECT. 5. The city hospital is established for the For what estab- lished. reception of those only who require temporary relief during sickness. The trustees may, however, admit other persons temporarily, when necessity requires ; but such persons shall be removed as soon as their condition will permit. The trustees may, when compensation therefor is made, afford separate IO8 ORDINANCES. apartments and more accommodations than those which are customary. Such extra compensation shall be credited to the appropriation for the hos- Trustees to pre- pital. The trustees shall present to the city council, sent estimates i / /r i f T r to city council, on the first Monday of January in each year, as far as they may be able, an estimate of the amount of money required for maintaining and conducting said hospital for the current financial year. They shall shaii report, also submit at the time aforesaid a report in detail of the receipts and expenditures of said hospital dur- ing the preceding financial year, together with such other matter in reference to the general state of the institution as they may judge to be of public interest. shaii not exceed Said trustees shall not expend for any purpose a appropriation. t ' . greater sum than shall be appropriated or authorized by the city council. CHAPTER VII. CITY OFFICERS. SECT. i. The city council shall, in the month of January, annually, elect by joint ballot, in conven- tion, a treasurer and collector of taxes, city clerk, solicitor, auditor, engineer, messenger, water com- missioner, water registrar, commissioner of highways, commissioner of public grounds and shade trees, ORDINANCES. 1 09 commissioner of Hope cemetery, commissioner of the Jaques fund and other funds of the city hospital, superintendent of public buildings, and superintend- ent of sewers. SECT. 2. The city council shall, in the month of January, annually, elect, by concurrent vote, four trustees of the city hospital. SECT. 3. The city council shall, in the month of February, annually, elect, by concurrent vote, a pound keeper, one or more surveyors of lumber, three fence viewers, and one or more field drivers ; and, in the month of February or March, in the year eighteen hundred and eighty-one, and biennially thereafter in February or March, elect, in the same manner, a registrar of voters. SECT. 4. The city council shall, in the month of Assessor. February or March, annually, elect, by joint ballot, in convention, an assessor of taxes. SECT. 5. The city council shall, in the month of Engineers fire department, December, annually, elect, by joint ballot, in con- directors of free . ' . public library, vention, a chief engineer of the fire department, four overseers of the . . poor. assistant engineers, two directors of the free public library, and two overseers of the poor. SECT. 6. The city council shall, in the month of I IO ORDINANCES. commissioner of December, annually, elect, by concurrent vote, a sinking funds. r^l 1 r i commissioner of the sinking funds. city hysidan SECT. 7 . The mayor, with the approval of the board of aldermen, shall, in the month of January, in the year eighteen hundred and eighty-two, and every third year thereafter, in said month, appoint a city physician. Board of health. SECT. 8. The mayor, with the approval of the board of aldermen, shall, in the month of January, annually, appoint a member of the board of health, to hold office for the term of two years from the first Monday in February next succeeding said appoint- ment. sealer. SECT. 9. The mayor and aldermen shall, in the month of March, annually, appoint a sealer of lTa?u C rer r ,'vfelgh- we ^g nts anc ^ measures, an inspector of milk, one or ker ' more measurers of wood, bark and other articles, one or more weighers of hay and other articles, and one or more funeral undertakers. inspector of SECT, i o. The mayor and aldermen shall, in the month of October, annually, elect, for each ward of the city, an inspector of elections, who shall hold office for the term of three years from the first day of November then next succeeding. ORDINANCES. I I I SECT. ii. The city council shall, by concurrent compensation vote, fix the compensation of any, or all of the above named officers, as soon as may be after their election or appointment. SECT. 12. Any officer elected or appointed as Removal and . . . . _ . filling vacancies. aforesaid, may be removed for cause and any vacan- cies occasioned by death, resignation or otherwise, shall be filled in the manner provided for the elec- tion or appointment of the officers above named. lepart- ment. SECT. 13. The mayor and aldermen shall, annu- Policed( ally, as soon after the organization of the city government as may be convenient, appoint a city marshal, two assistant marshals, one captain of night police, and as many policemen as in their judgment may be required, and fix their compensation. SECT. 14. The mayor and aldermen are here by other officers, authorized to appoint any subordinate officer or officers, whose election or appointment is not other- wise herein provided for, that they may deem neces- sary for the public good, define their duties and fix their compensation. SECT. 15. All of the officers before named, where Tenure of omc no other provision is made, shall continue in office until the regular annual election, or until their respective successors shall be chosen and qualified ; except in case of removal, death, or resignation. 112 ORDINANCES. CHAPTER VIII. CLERK. city cierk, SECT. i. The city clerk shall keep a book in which shall be alphabetically arranged the names of all the streets, highways and sidewalks, which now are or may hereafter be accepted or laid out in the city of Worcester, with the date of such laying out or acceptance, and the width thereof, and all alterations therein from time to time made by the city council. st. i8 7 8, c. 232, He shall keep the plans and descriptions of all 2. _ main drains and common sewers, belonging to the city, with a true record of the charges of making and repairing the same, and of all assessments there- for, and shall furnish the auditor with an account of any and all assessments made by the city council or the mayor and aldermen relating to streets, side- walks, sewers, or otherwise, as soon as may be after such assessments are made, and perform such other duties as the city council or the mayor and alder- men may from time to time require, and shall, on or before the first Monday in January, annually, report in detail in writing, to the city council, all moneys received by him as fees or otherwise during the pre- ceding financial year. TO be a registrar SECT. 2. The city clerk shall be ex-officio a mem- of voters. ber of the board of registrars ot voters, and also keeper of the city seal. ORDINANCES. CHAPTER IX. COMMISSIONER OF HIGHWAYS. SECT. i. The commissioner of highways shall, commissioner of , , ,. r . . 1-1 highways shall under the direction of the committee on high ways have the care of 1-1111 i i i streets, &c. and sidewalks, have the general superintendence of the public highways, streets, sidewalks, lanes, and bridges of the city ; attend to the construction, alter- ation, grading, paving, repairing and cleaning of the same ; remove all obstructions or encroachments made thereon ; make all contracts for labor, and for the purchase and sale of teams, tools or materials that may be required in the highway department, and have the care of all animals, vehicles, machinery,, implements of labor, and buildings pertaining to or having relation to this department. He shall cause the public highways and streets, as soon as may be, after every snow storm, to be properly broken out, and made safe and convenient for travel. SECT. 2. Whenever any highway, street, sidewalk shaii guard . . , . -i. i 1 1 r i unsafe places. or bridge in said city, shall, from any cause, be un- safe or inconvenient for travellers or passengers, the commissioner of highways shall forthwith put up a suitable fence across such highway, street, sidewalk or bridge, and exclude all travellers from passing over the same ; or cause the parts thereof, so ren- 114 ORDINANCES. dered unsafe and inconvenient as aforesaid, to be enclosed by a sufficient fence or guard, which shall be kept standing so long as the same shall remain unsafe and inconvenient ; and he shall maintain thereon one or more lighted lanterns during every night, so long as said fence or guard shall be required. Make estimates SECT. 3. Whenever any change of grade or alter- . ation is required to be made in any public highway, street, sidewalk or bridge of the city, which may occasion damage to abuttors or others, or may ren- der the city liable to a suit or claim ' therefor, or when any bridge is to be rebuilt, or other specific work is to be done, involving an expenditure of more than three hundred dollars, it shall be the duty of the commissioner of highways, before commenc- ing said work, to make or cause to be made, under the direction of the committee on highways and sidewalks, a full and particular estimate of the ex- pense of such proposed repairs, alteration or work, and the plans thereof, and to ascertain as near as Damages. ma y De the damage the abuttors or others will be justly entitled to claim or demand of the city, in case the proposed alteration is made or work done, and to report such plans, with an estimate of the cost and damage, to the city council. He shall also Lveis. cause the level of the way or sidewalk altered to be ORDINANCES. 115 ascertained with reference to permanent objects in the vicinity, and such record or other evidence . thereof shall be placed in the custody of the city engineer. SECT. 4. The commissioner of highways shall, shaiikeepac- under the direction of the committee on highways and sidewalks, keep an exact account of the receipts and expenditures in his department, of the kind, quality and cost of all materials purchased by him for the city, with the names of the persons who have furnished them, and the names and wages of all the workmen employed by him, and where employed, which account shall at all times be subject to inspec- tion by said committee. He shall deliver to the Report to audi- tor. auditor an account of all sales of materials, or of labor performed by the department for individuals or other departments or corporations, and of the sums due therefor, and shall faithfully account for any money that he may at any time receive therefor. SECT. 5. The commissioner of highways shall He sha11 remove * &c., defective cause any roof, gutter, conductor, or water-spout, water s p uts - from which water can or shall be discharged, or may flow over or upon any street or sidewalk, contrary to the provisions of any ordinance of the city, to be removed, altered, or repaired, or connected with the common sewer, at the expense of the person owning Il6 ORDINANCES. or having the control of such roof, gutter, conductor. or water-spout, first giving notice to the owner or occupant, and giving ten days for such owner or occupant to make the alterations required by this ordinance. He shaii make SECT. 6. On or before the first Monday of Janu- detailed reports. ary in each year he shall make to the city council a detailed report of the work done and money ex- pended in his department during the preceding financial year ; specifying as near as may be the amount expended upon different streets, number of feet of curb stones and yards of paving laid, and cost of same, and such other information as he may con- sider desirable ; together with an account and appraisal of the public property under his charge ; the appraisal to be made by the commissioner and the committee on highways and sidewalks, or a sub- committee chosen from their number. The commis- sioner of highways shall also make a quarterly report to the city council of the expenditures for each quarter. ORDINANCES. CHAPTER X. COMMISSIONERS OF HOPE CEMETERY. SECT. i. The commissioners of Hope Cemetery Term of office and organization shall hold their office for the term of five years, and of commissioners. shall meet as soon as practicable after the election of a commissioner in each year, and organize them- selves into a board by the choice of a chairman and secretary of their own number ; and a majority of said board shall be required for the transaction of business, and said commissioners shall make an annual report to the city council as provided in the charter of the city. $ECT. 2. The secretary shall have the care and Duties of secre- custody of all books, records, papers and documents ai belonging to the board, and shall record all the doings of said board in a book to be furnished by the city ; and he shall deliver said books, records, papers and documents to his successor in office. Il8 ORDINANCES. CHAPTER XI. COMMISSIONERS OF THE JAQUES FUND AND OTHER FUNDS , OF THE CITY HOSPITAL. commissioners to SECT. i. The entire care, management and con- have care of the property and re- trol of all the property, real, personal or mixed, which ceive no compen- sation, has been received, or shall hereafter be received, directly or indirectly, by gift, bequest or otherwise, for the benefit of the city hospital, shall be vested in a board of three commissioners, who shall serve with- out compensation, to be known and styled, the com- missioners of the Jaques fund, and other funds of the city hospital. Present trustees. SECT. 2. The persons elected, under the provis- ions of an ordinance entitled "An ordinance to establish a Board of Commissioners of the Jaques fund and other funds of the City Hospital," passed by the city council, October i5th, 1877, shall con- tinue in office according to the terms and conditions of said ordinance. Elections, vacan- SECT. 3. In the month of January, in the year eighteen hundred and eighty-one, and annually thereafter, in said month, there shall be elected one member of said board, to hold office for the term of three years. Whenever any vacancy shall occur in cies. ORDINANCES. I 19 said board by death, resignation or otherwise, such vacancy shall be reported to the city council. Said r s anization > quorum. commissioners shall meet as soon as practicable after each annual election, and choose a president and secretary from their own number, and a majority shall constitute a quorum for business. SECT. 4. Said commissioners shall invest, from investments. time to time, all moneys which shall hereafter be derived from the sale of real estate or personal prop- erty, given, granted or bequeathed for the benefit of said city hospital, in the same securities and in the same manner provided by the statutes of this com- monwealth for the management and investment of deposits in savings banks ; excepting, however, that no part of said money or property shall be invested in the bonds, scrip or other obligations of the city of Worcester. SECT. 5. Said commissioners shall pay over to Net receipts, dis- the city treasurer, quarterly, between the first and p fifteenth days of January, April, July and October, in each year, all moneys received as income from any property heretofore or hereafter granted, be- queathed, or conveyed, for the benefit of the city hospital, whether as rents, interest or otherwise, unless conditions are connected with the bequest or gift inconsistent therewith, after deducting such sums 1 2O ORDINANCES. as may be expended by them in necessary repairs upon the property, and such sums as may be other- wise necessarily expended by them in the perform- ance of their duties, and said treasurer's receipt therefor shall be a sufficient voucher for such pay- ments ; all sums so paid to the treasurer shall be credited to an account to be called the hospital fund, and shall be used for the support and maintenance of the city hospital and for no other purpose, and said sums shall be paid by the city treasurer for said purpose upon the draft of the mayor, countersigned by the auditor in the same manner as other moneys are paid for the support and maintenance of the hospital. May sen real SECT. 6. Said commissioners, in the execution estate. of their trust under this ordinance, shall have full power and authority to negotiate and make sale of any real estate now held by the city for the use and benefit of the city hospital, and all real estate which shall be hereafter granted, conveyed or bequeathed to the city for the use and benefit of said city hospi- tal, unless conditions are connected with the bequest or gift inconsistent therewith, and all real estate which may at any time become the property of the said city through any investments made by authority of this ordinance, and for the time being not in use for hospital purposes, in such quantities, at such ORDINANCES. I 2 I times and upon such terms as they shall regard most advantageous to the interests of all parties inter- ested in said funds; and all conveyances of real conveyances, estate so sold shall be executed by the mayor, under the seal of the city, and assented to in writing by said commissioners. SECT. 7. Said commissioners shall, on the first shaii report to city council. Monday of January in each year, make to the city council a full report of their doings under the several provisions of this ordinance, for the year ending November thirtieth next preceding, and shall also state the condition of the trust funds on that date. SECT. 8. All money, property and estate given General be- or bequeathed to the city for the use of the hospital, unless the donors thereof shall have other- wise directed, shall constitute a permanent fund, the principal of which shall not be diminished, and the income of which shall be devoted to the uses of the hospital. 122 ORDINANCES. CHAPTER XII. COMMISSIONERS OF PUBLIC GROUNDS AND SHADE TREES. Termofofficeof .SECT. i. The commissioners of public grounds commissioners. and shade trees shall hold their office for the term organization, of three years. They shall meet as soon as prac- ticable after the election of a commissioner in each year, and organize themselves into a board by the choice of a chairman and secretary from their own Quorum. number ; and a majority of said board shall be required for the transaction of business. Said Reports. commissioners shall make an annual report to the city council as provided in the charter of the city. secretary, SECT. 2. The secretary shall have the care and duties of. custody of all books, records, papers and docu- ments belonging to the board, and shall record all the doings of said board in a book to be furnished by the city ; and he shall deliver said books, records, papers, and documents to his suc- cessor in office. ORDINANCES. 123. CHAPTER XIII. CONSTABLES. SECT. i. The mayor and aldermen may appoint constables, ap - ... pointment of, such number of constables for the service of civil bonds and fees. precepts as they shall deem proper; who shall be qualified by giving bonds according to law, and who shall be entitled to all fees received by them for service of civil processes ; but all fees received by them for services in criminal cases shall be paid into the city treasury. CHAPTER XIV. CONTRACTS. SECT. i. No contract involving the creation of contracts to be . . . . , ,. naade pursuant an obligation against the city exceeding the sum of to vote of com- one hundred dollars shall at any time be made, ex- cept in pursuance of a vote of the committee charged with the supervision of the department to which the same relates, which vote shall thereupon be recorded, by the clerk of said committee ; and the record of every such vote shall, at all times, be open to the inspection of the mayor, and of the members of the city council. 124 ORDINANCES. committee to SECT, 2. Before making any contract for the fur- have plans and . specifications nishmg ot labor or materials, or both, for, or in behalf of the city, involving the expenditure of more than five hundred dollars, the committee having charge of the same shall, when necessary, prepare, or cause to be prepared, the requisite plans and specifications of the work to be done. competitive bids. SECT. 3, In cases where competitive bids are solicited by a committee for a contract with the city, no proposal shall be received by the said committee unless the same is sealed ; and no proposals shall be opened except in committee actually assembled ; nor shall the contents of any proposal be made known to any person not a member of the commit- tee until after a contract shall have been made ; provided always, that if any such proposals shall be offered by persons who, in the judgment of said committee, are incompetent to perform their con- tracts in a workmanlike manner, or are irresponsible in respect to their means of faithfully executing the same, the said committee may, in their discretion, reject any such proposal, notwithstanding the same may be at a lower rate than other proposals offered for the same work. contracts exceed- SECT. 4. In all cases where the amount of any ing one thousand dollars. contract shall exceed one thousand dollars, the ORDINANCES. 125 contract shall be in writing, and shall be signed by the mayor and a majority of said committee on the part of the city, and, after being signed by the parties, no such contract shall be altered in any particular, unless a majority of the said committee shall signify their assent thereto in writing, under their respective signatures, indorsed on said contract and approved by the mayor ; and said contract, or a certified copy thereof, shall be deposited with the auditor within forty-eight hours from the date thereof. SECT. 5. The city council, whenever they shall 'Contracts, &&, may be specially deem it expedient, may, by a special order, author- authorized. ize the expenditure of money, or the creation of an obligation against the city, without any of the form- alities before specified. SECT. 6. In every contract entered into on behalf contracts shaii f . , . . allow city to re- of the city, and involving the employment of me- ^m sum's to cover certain claims. chanics or laborers by the contractor, or furnishing of materials, a provision shall be inserted to the effect that the committee, board or other authority making such contract may, if it deems it expedient to do so, retain, out of any amounts due to such contractor, sums sufficient to cover any unpaid claims of mechanics or laborers for work or labor performed,. or materials furnished under such contract, provided 126 ORDINANCES. that notice in writing of such claims, signed by the claimants, shall have been filed in the office of the city clerk prior to the completion of said contract. CHAPTER XV. DEEDS. Deeds, lease, SECT. i. All deeds, leases, indentures, or con- &c., execution of. veyances under seal, that may be given or require to be executed by the city, shall be signed by the mayor and sealed with the common seal of the city. Mortgages, re- SECT. 2. Whenever any person having lawful demption of. authority to redeem any property mortgaged to the city shall pay to the city treasurer the amount due and payable by such mortgage, the city treasurer shall report the same in writing to the mayor and aldermen ; and the mayor shall, with the approba- tion of the board of aldermen, relieve, discharge or assign said mortgage without recourse to or liability of the city, and shall execute any deed or legal instrument that may be appropriate for such pur- pose. The treasurer shall also report the amount of such payment, in writing, to the auditor. ORDINANCES. 12J CHAPTER XVI. DOGS. SECT. i. Whoever owns or keeps, or permits , , 1-1 i licensed. allows to be kept on his or her premises, in the city st. i86 7 , c . i 3 o. r TTT i i 11 i r i G. S.c.88,6 7 . of Worcester, a dog, shall, before permitting such dog to go at large or loose in said city, obtain a license therefor from the mayor and aldermen, or from some person by them authorized to grant such license, and pay to the city clerk one dollar, which shall be in addition to any sum required by the gen- eral laws of the commonwealth ; and said license shall expire on the first day of May next thereafter. SECT. 2. On complaint being made to the city . J Disturbing peo marshal of any dog within said city, whether owned j e ' s c gg or kept, or permitted or allowed to be kept, by 7 ' virtue of any license duly granted under provision of this chapter, or not, which shall, by barking, biting, howling, or in any other way or manner, disturb the quiet of any person or persons whom- soever, said marshal shall forthwith give notice thereof to the person owning, keeping, permitting, or allowing upon his or her premises such dog to be kept, and such person shall thereupon forthwith cause such dog to be removed and kept beyond the limits of said city, or destroyed ; and in case such 128 ORDINANCES. dog is again found at large in any street, highway, or public place in said city, any person may, and every constable and police officer shall, cause such dog to be killed and buried. TO be muzzled SECT. 3. The mayor and aldermen may order when ordered. st. i8 77) c. i6 7 . that any dog or dogs, within said city, shall be muzzled or restrained from running at large during such time as shall be prescribed by such order. After passing such order and the publication of the same by posting a certified copy thereof in two or more public places in the city, or by publication there- of once in a daily newspaper, published in said city, said mayor and aldermen may issue their warrant to one or more of the police officers or constables of said city, who shall, after twenty-four hours from the publication of such notice, kill any or all dogs found unmuzzled or running at large contrary to such order. owner refusing SECT. 4. The mayor and aldermen may cause to obey order. st. i8 77) c . i6 7 , special service of any order passed by them to be 7- made upon any person, requiring that any dog owned or kept by such person shall be muzzled or restrained from running at large, by causing a certified copy of such order to be delivered to him. Any person who, after receiving such certified copy, shall refuse or neglect, for the period of twelve ORDINANCES. 1 29 hours after receiving such notice, to muzzle or restrain such dog as required by such order, shall pay a fine not exceeding twenty dollars. SECT. 5. Whoever kills and buries a dog Kaung d 0gs . according to the provisions of this chapter shall receive therefor the sum of one dollar, to be paid from the city treasury. CHAPTER XVII. ENGINEER. SECT, i . The city engineer shall have the charge Engineer, duties and custody of all plans of streets, sidewalks and water pipes belonging to the city ; he shall enter in a book to be kept for the purpose the names of all the streets which shall be accepted, laid out and established by the city council, with the boundaries and admeasurements thereof, the names of the own- ers of the land, if known, over or through which such streets or ways are located, and the estates bounding and abutting thereon, and shall keep a record of all sidewalks that now are or hereafter may be laid out and established by the city council, the width, height and grade of the same, stating the boundaries and admeasurements thereof, with the date of such 9 I3O , ORDINANCES. laying out, and the names of the owners of the adjacent estates at the time when such sidewalks were established. He shall visit all dams and reservoirs belonging to the city at least once in three months. He shall, annually, on or before the twentieth day of December, report to the committee on water the amount expended on the work under his direction, and make such sugges- tions in relation to the works and transmit such other information in regard to them as he may think advisable. Engineer, duties SECT. 2. The city engineer shall make the plans for, and shall have the supervision of, all dams, bridges, or other engineering structures that may be built by the city ; he shall act as clerk to the committees on highways and sidewalks, sewers, and lighting streets, and, by himself or his assist- ant, for whom he shall be responsible, shall make all -surveys, admeasurements, levels, and estimates, and perform such other duties as may be required of him by the mayor and aldermen, or by any committee of the city council or of either board thereof. ORDINANCES. 13! CHAPTER XVIII. FENCE VIEWERS. SECT. i. The fence viewers of the city of Fence viewers to keep a record. Worcester shall keep a record of all their official business, which record shall be at all times open to the inspection of the mayor and aldermen or of any person by them authorized to make such inspection. CHAPTER XIX. FINANCE COMMITTEE. SECT. i. There shall be elected in the month nee commit- January, annually, by ballot, in each board of thetuted. city council, a joint standing committee on finance, consisting of two on the part of the board of alder- men, and three on the part of the common council. The mayor and the president of the common coun- cil shajl be members of said committee ex-officio. SECT. 2. Said committee shall meet once a Duties of the month, and as much oftener as they may deem ex- pedient. They shall consider and report on all subjects relating to the finances of the city, and, committee. 132 ORDINANCES. under direction of the city council, negotiate all loans in behalf of the city ; said committee shall examine, and, if there be no objections, approve all bills and accounts against the city which have been certified by the auditor, and decide what disposition shall be made of all doubtful bills or accounts pre- sented to them by him. Money.howpaid. SECT. 3. No money shall be paid out of the city treasury, except by order of the city council, or to satisfy final judgments against the city, unless the expenditures, or the terms of the contract, shall be approved or certified by the chairman of the board, or committee, or by the head of the department authorized to incur the expenditure or make the contract ; nor unless the same shall be approved by the committee on finance, and drawn for by the mayor; provided, however, that in all cases where it may be necessary for money to be paid in advance for contracts made, or for work begun and not com- pleted, the mayor may draw upon the city treasurer for any sum not exceeding three hundred dollars, without the approval of the committee ; which draft shall be paid by the city treasurer, provided the same be countersigned by the auditor. Accounts, how SECT. 4. The books and accounts of the several departments shall be kept under the direction of the ORDINANCES. 133 committee on finance, who shall determine the mode in which all bills and accounts against the city shall be certified or vouched. Said committee shall ex- committee to ex - . 1*111 r i ai ne accounts, amine, audit and settle the accounts of the city and securities. treasurer, for the preceding financial year; and shall not only compare said accounts with the vouchers thereof, but shall ascertain whether all sums due to the city have been collected and accounted for; they shall also examine the notes, bonds and other securities belonging to the city, and make a full and particular report of their proceedings to the city council. SECT. 5. No expenditure shall be incurred for clerical labor. clerical labor in the various departments of the city, nor shall any person be employed in such labor, without the concurrence of the committee on finance. CHAPTER XX. FIRE ARMS. SECT. i. No person shall fire or discharge any Fire arms not to gun, pistol, or other firearms, that shall be loaded with ball, or shot, or with powder only, in or across any of the streets, highways or public 1 34 ORDINANCES. squares, or near any dwelling house within the city ; provided, that this section shall not apply to the use of such weapons at any military exer- cise or review under the authority of a commis- sioned officer of the militia, or in the lawful defence of the person, family or property of any citizen, or in the performance of any duty required by law, nor to any person firing a salute of cannon or artillery by leave of the mayor or com- mittee on military affairs. CHAPTER XXI. FIRE DEPARTMENT. See St. 1868, c. 195, printed on page 85. Fire department, SECT. i. The fire department of the city of how constituted. Worcester shall consist of a chief engineer, four assistant engineers, and as many engine-men hose- men, hook and ladder men and other persons, to be divided into companies, as the number of engines, and the number and quantity of other fire appa- ratus in service belonging- to the city, shall from time to time require. Engineers.organ- SECT. 2. The engineers, shall, on or before the i/.ation of. first Monday of January in each year, organize them- selves as a board of engineers by choosing a clerk ORDINANCES. 135 by ballot. They may make such rules and orders Government of . engineers, rules for their government as a board of engineers, and for n re depart- ment. such rules and regulations in addition to this ordi- nance for the better government, discipline and good order of the department, and for the extin- guishment of fires, as they may from time to time think expedient, subject to the approval of the mayor and aldermen. SECT. 3. Whenever it shall be adjudged at any Buildings, how -:..' demolished at fire, by three or more of the engineers, of whom the fires, chief, if he be present, shall be one, to be necessary, in order to prevent the further spreading of the fire, to pull down or otherwise demolish any building, the same may be done. SECT. 4. It shall be the duty of the chief combustibles, . , . how removed. engineer to inquire for and examine into all shops and other places where shavings or other combusti- ble materials may be collected and deposited, to be vigilant at all times in taking care of the removal of the same, whenever, in his opinion, the same may be dangerous to the security of the city from fires, and to direct the tenant or occupant of said shops or other places to remove the same ; and in case such tenant or occupant shall neglect or refuse so to do, to cause the same to be removed at the expense of such tenant or occupant. 136 ORDINANCES. Dangerous buiw- SECT. 5. It shall be the duty of said chief engi- ings. neer to take cognizance of any building, part of a building, or other structure, which in his judgment may, from any cause, be dangerous by reason of fire, and to report the same to the superintendent of public buildings. chief engineer to SECT. 6. The chief engineer shall, annually, in report. J the month of January, report to the city council the condition of the department, the number of men therein and their names, the names of all .members who have been dismissed or discharged during the year, and such. other information as the committee on the fire department may direct. Badges and U ni- SECT, j . The engineers, officers and members of forms. the several companies regularly appointed, shall wear such caps, badges, or insignia of office, when on duty, as the board of engineers may from time to time direct, and no others, to be furnished at the expense of the city ; and no other person or persons shall wear the same at any time, except under such restrictions and regulations as the said engineers may direct, and all members of this department who are employed during all the time therein shall wear a uniform such as the board of engineers may prescribe. Attendance at SECT. 8. Whenever any fire occurs out of the fires. * ORDINANCES. 137 city it shall be the duty of only such engineers to repair thither as shall have been designated by the chief engineer. SECT. 9. The chief engineer shall have the sole chief engineer, duties of. command at fires over all other engineers, all officers and members of the fire department, and all other persons who may be present at fires; and shall direct all proper measures for the extinguishment of fires, protection of property, preservation of order and observance of the laws, ordinances and regula- tions respecting fires. It shall be the duty of said chief engineer to examine into the condition of all property belonging to the city and used by the fire department, and, under the direction of the com- mittee on the fire department, to cause the same to be kept in good condition and repair; to inspect the companies attached to the said department, as often as circumstances may render it convenient, or when- ever directed so to do by the said committee, and to keep, or cause to be kept, such records, rolls and other books as said committee may from time to time order. SECT. 10. The chief engineer shall have power Suspension of to suspend any officer or member of the department for insubordination or disorderly conduct, and unless such officer or member shall have been previously 138 ORDINANCES. re-instated by said chief engineer, he shall report such suspension to the board of engineers at their next meeting. supplies. SECT. 1 1 . All supplies for the use of the depart- ment shall be drawn by a requisition upon the chief engineer. Rank when chief SECT. 12. In the absence of the chief the assist- is absent. . . i i n i r 1 1 ant engineer next in rank shall act with full powers ; and seniority in rank, and all questions relative thereto, shall be determined by the mayor and aldermen. cierk, duties of. SECT. 13. The clerk of the board of engineers shall perform such duties as the mayor and alder- men or chief engineer may from time to time direct ; and also such other duties as the board of engineers by their rules and orders may from time to time determine. He shall have the care and custody of all books, records, papers and documents belonging to the board, and he shall deliver the same to his successor in office. companies, num. SECT. i^. As many engine, hose, and hook and her of. ladder companies, and of such number of men, shall from time to time be formed by the board of engi- neers as the committee on the fire department may tiRDf NANCES. deem necessary, provided, however, that the appoint- ment of engine men, hose men and hook and ladder men shall be made by the mayor and aldermen. SECT. 15. Every company using a steamer shall officers. have a foreman and an assistant foreman, an engi- neer and an assistant engineer; hose, and hook and ladder companies shall have a foreman and an assist- ant foreman. These officers shall be appointed in the month of December, annually, by the board of engineers, subject to the approval of the mayor and aldermen. SECT. 1 6. The foremen of the several companies Foremen, dutie shall, before entering upon their duties, be sworn to the faithful performance thereof. They shall make monthly returns to the clerk of the board of engi- Members neers of all absences of the members of their respec- tive companies from fires, or fire alarms, and if it shall appear that any member has failed to perform his duties satisfactorily to the board of engineers, no compensation shall be allowed him for such, length of time as he may have been delinquent; and if any foreman shall make a false report he shall be ex- pelled from the department, and any pay that may be due him at the time shall be forfeited to the city. They shall also keep fair and exact rolls, specifying the time of admission and discharge of each 14O ORDINANCES. member, with their age and residence, and accounts of all the city property intrusted to the care of the sev- eral members, in a book provided for that purpose by the city ; which rolls or record books shall always be subject to the order of the board of engineers, the mayor and aldermen, or the committee on the fire department. They shall also make, to the chief engineer, true and accurate returns of all the mem- bers and the apparatus intrusted to their care, when- ever called upon so to do. They shall have the care and custody of all books, records, papers and documents belonging to the company, and shall record all the doings of the company in a book fur- nished by the city ; and they shall deliver said books, records, papers and documents to their successors in office. Absences. SECT. 1 7. For every absence at any roll-call there shall be deducted from the pay of the absent mem- ber the sum of one dollar. Discipline. SECT. 1 8. Any member of the fire department who shall wilfully neglect or refuse to perform his duty, or shall be guilty of disorderly conduct or of disobedience to his superiors in office, shall, for such offence, be dismissed from the department; and any member of the fire department may, at any time, be removed or dismissed from the department, ORDINANCES. or deposed from any office that he may hold therein, by the board of engineers. SECT. IQ. In all cases of removal from office, or Re - instatin s per - ' sons removed. from the department, by the board of engineers, the name of the person removed, with a statement of the reasons therefor, shall be transmitted to the board of aldermen at their next regular meeting, and no officer who may have been dismissed or removed from the fire department shall be re- instated therein, unless by vote of the board of engineers, concurred in by the mayor and alder- men. SECT. 20. No company shall draw water from Reservoirs and apparatus, use of. the reservoirs, except in case of fire, unless by special permission of the chief engineer, nor shall any engine, hose, hook or ladder be taken to a fire out of the city, without permission of an engineer; nor shall any apparatus of the fire department be taken from the city other than to a fire, without permission from the mayor and aldermen. SECT. 21. There shall be paid to each member compensation, of the department such sum, in semi-annual pay- ments, as the city council may from time to time determine, less the amount of fines imposed for non-attendance at fires and at roll-call ; and any ORDINANCES. member of* the fire department who shall perform the duties for a less term than one year shall be paid pro rata for the number of months he may have been in service. interference with SECT. 22. No person shall insult, menace, hin- members, and acting without der, obstruct, oppose, or without authority give an authority. order to an engineer, or fireman while on duty, nor shall any person presume to act as a member of any company belonging to the fire department of the city of Worcester until he has been duly appointed and qualified. Municipal year. SECT. 2 3. The municipal year of the fire depart- ment shall begin on the first Monday of January annually, at 6 o'clock P. M. CHAPTER XXII. FIRE LIMITS, AND CONSTRUCTION OF BUILDINGS THEREIN. Charter, 20, St. 1872, c. 243. For Statute regulations, see St. 1877, c. 214. St. 1880, c. 181, 197. Fire Hmit s estab- SECT. i. For the purpose of securing the pre- vention of fire in the city of Worcester, a Fire District is hereby established therein, the boundaries of which shall be as follows, to wit : lished. ORDINANCES. 143 Beginning at a point on Main street, one hundred and fifty feet southwesterly of LaGrange street ; * thence running southeasterly parallel with and one hundred and fifty feet southwesterly of LaGrange street to a point one hundred and fifty feet easterly of Southbridge street; thence northerly parallel with and one hundred and fifty feet easterly of Southbridge street to a point one hundred and fifty feet southerly of Madison street ; thence southeast- erly parallel with and one hundred and fifty feet southerly of Madison street to a point one hundred and fifty feet southeasterly of Gold street ; thence northeasterly parallel with and one hundred and fifty feet southerly of Gold street to a point one hundred and fifty feet westerly of Washington street ; thence easterly at right angles with Wash- ington street to a point one hundred and fifty feet easterly of Washington street; thence southerly parallel with and one hundred and fifty feet easterly of Washington street to a point one hundred and fifty feet northerly of Lamartine street extended; thence easterly at right angles with Washington street to the new channel of Mill Brook, as laid out by the City Council ; thence northerly by the centre of said channel to the centre of Green street; thence easterly at right angles with Green street one hun- dred and fifty feet ; thence northerly parallel with and one hundred and fifty feet easterly of Green 144 ORDINANCES. street to a point one hundred and fifty feet south- erly of Winter street ; thence easterly parallel with and one hundred and fifty feet southerly of Winter street to the centre of Grafton street; thence north- easterly at right angles with Grafton street, five hundred feet ; thence northerly in a straight line to the intersection of Shrewsbury street and East Worcester street ; thence northerly at right angles with Shrewsbury street to a point one hundred and fifty feet northerly of Shrewsbury street; thence southwesterly parallel with and one hundred and fifty feet northerly of Shrewsbury street to a point one hundred and fifty feet easterly of Summer street ; thence northerly parallel with and one hun- dred and fifty feet easterly of Summer street to a point one hundred and fifty feet southerly of Bel- mont street; thence easterly parallel with and one hundred and fifty feet southeasterly of Belmont street to the centre of Hanover street; thence northerly by the centre of Hanover street to a point one hundred feet northerly of the north line of Belmont street ; thence westerly parallel with and one hundred feet northerly of the north line of Belmont street to a point one hundred and fifty feet easterly of Lincoln street; thence northerly parallel with and one hundred and fifty feet easterly of Lincoln street to a point one hundred and fifty feet southerly of Kendall street ; thence westerly in ORDINANCES. 145 a straight line to the intersection of Salisbury street and Grove street ; thence southwesterly in a straight line to a point one hundred and fifty feet northerly of Highland street, opposite Harvard street; thence westerly parallel with and one hundred and fifty feet northerly of Highland street, one hundred and fifty feet ; thence southerly parallel with and one hundred and fifty feet westerly of Harvard street to a point one hundred and fifty feet northerly of Bowdoin street ; thence westerly parallel with and one hundred and fifty feet northerly of Bowdoin street, until it meets a line drawn parallel with and one hundred and fifty feet westerly of Chestnut street extended ; thence southerly parallel with and one hundred and fifty feet westerly of Chestnut street extended ; thence southerly parallel with and one hundred and fifty feet westerly of Chestnut street to a point one hundred and fifty feet northerly of Pleasant street; thence westerly parallel with and one hundred and fifty feet northerly of Pleasant street until it meets a line drawn parallel with and one hundred and fifty feet westerly of Irving street extended ; thence southerly parallel with and one hundred and fifty feet westerly of Irving street to a point one hundred and fifty feet northerly of Chandler street ; thence westerly parallel with and one hundred and fifty feet northerly of Chandler street to a point opposite the intersection of 146 ORDINANCES. Chandler street and Wellington street; thence southerly to the intersection of Chandler street and . Wellington street; thence southwesterly at right angles with Wellington street one hundred and fifty feet; thence southeasterly parallel with and one hundred and fifty feet southwesterly of Wellington street to a point one hundred and fifty feet north- westerly of Main street; thence southwesterly parallel with and one hundred and fifty feet north- westerly of Main street to a point one hundred and fifty feet southwesterly of Piedmont street ; thence southeasterly parallel with and one hundred and fifty feefsouthwesterly of Piedmont street to Main street ; thence northerly by Main street to the point of beginning. wooden buiw- SECT. 2. No wooden or frame building shall ings prohibited. hereafter be erected within the fire district estab- lished by the preceding section. Buildings, how SECT. 3. The external and party walls of all constructed. buildings hereafter erected within said district shall be built of brick, stone, iron, or other hard and non- combustible material. All such walls, when con- structed of brick, stone, or other similar substance, shall t be properly bonded and solidly built with mor- tar ^or_ cement, and shall not be less than eight inches thick. The roofs of all such buildings shall ORDINANCES. 147 be properly and securely covered with slate, tin, or other non-combustible roofing material. SECT. 4. Except as provided in the following Altering buM- ings. section, no building now erected, or hereafter to be erected within said district, shall be altered, raised, roofed, enlarged, or otherwise added to or built upon, unless the external walls and roof of the new or added parts shall be built according to the require- ments of section three of this ordinance. SECT. 5. The board of aldermen of said city may Additions. grant licenses to make wooden additions to wooden buildings now existing within said district, upon such terms and conditions and subject to such limit- ations and restrictions as they may prescribe ; but before any such license is granted a notice of the application therefor shall be published three times successively in a daily newspaper in said city. SECT. 6. No wooden building -shall be moved Movmg to other from one lot to another lot in the said district, nor from without said district into the same. SECT. 7. No wooden building shall be moved Moving, not off the lot. from place to place on the same lot within said dis- trict without a special license being first obtained therefor from said board of aldermen. 148 ORDINANCES. Mnis, &c., out- SECT. 8. No building hereafter erected in said side the district. . ..... . city without said district shall be used or occupied . as a machine shop or mill, or for mechanical or man- ufacturing purposes, unless the external walls and roof thereof shall be built according to the require- ments of section three of this ordinance, without a special license being first obtained therefor from said board of aldermen. Penalty. SECT. 9. Any person, whether owner, lessee, con- tractor, or agent, who shall violate any of the provis- ions of this ordinance, shall forfeit and pay for every such violation the sum of one hundred dollars. CHAPTER XXIII. FIREWORKS, GUNPOWDER, AND OTHER EXPLOSIVE SUBSTANCES. See G. S., c. 88, 48. Right of inspection. St. 1877, c. 216, 9. Fireworks. SECT. i. No person shall set fire to any fireworks in the city of Worcester (other than those men- tioned in the forty-seventh section of the eighty- eighth chapter of the General Statutes) composed of gunpowder, fulminating powder, spirits of turpen- tine, gun-cotton, or other combustible matter; or shall throw any such lighted fireworks, or shall have ORDINANCES. 149 any such fireworks in his possession with intent to sell, or to set fire to the same, or shall offer for sale, sell, or give away any such fireworks, without license of the mayor and aldermen first obtained therefor. SECT. 2. No gunpowder shall be kept by any Gunpowder, person in any place in the city of Worcester, unless it shall be kept in tight casks or canisters ; and no gunpowder, above the quantity of twenty-five pounds shall be kept or deposited in any shop, store or other building, within ten rods of any other build- ing, or transported from place to place in said city. SECT. 3. No gunpowder above the quantity of Gunpowder, over iinii i -11 one p und - one pound shall be kept or deposited by any person in said city, unless the same is well secured in cop- per, tin, or brass canisters holding not exceeding five pounds each, closely covered with copper, tin or brass covers, according to the forty-eighth section of the eighty-eighth chapter of the General Statutes. SECT. 4. No gun-cotton nor any substance pre- Explosives, pared for explosion shall be kept by any person within the limits of the city, excepting- under the regulations and penalties that are now applicable by law to gunpowder. J5O ORDINANCES. CHAPTER XXIV. FREE PUBLIC LIBRARY. See St. 1860, c. 14, printed on page 84. ordinance SECT. i. The first section of an ordinance passed affirmed. on the twenty-third day of December, in the year eighteen hundred and fifty-nine, entitled an ordi- nance for the establishment and government of the " Free Public Library of the city of Worcester," is hereby re-ordained and affirmed. Directors, eiigi- SECT. 2. The members of the board of directors bility and election , in 1111- rr of. heretofore chosen shall continue to hold their offices for the term for which they were respectively chosen, and there shall be chosen in the month of December, annually, by ballot, by the city council in convention, two directors to fill the vacancies occurring on the first day of January next ensuing, which directors shall hold their office for the term of six years from the first day of said January ; and all vacancies in said board occasioned by death, resignation, removal from the city or otherwise, shall be filled in like manner as they arise, for the unexpired term thereof; and no person shall be eligible to fill a vacancy arising from -the expiration of his term of office. ORDINANCES. 15 SECT. 3. The directors shall meet as soon as organization. may be after the first day of January of each year, and organize themselves into a board by the choice of president and secretary from their own number; and a majority of said board shall be required for the transaction of business. SECT. 4. The secretary shall have the care and secretary. custody of all books, records, papers, and documents belonging to the board, and shall record all the doings of said board in a book to be furnished by said city ; and he shall deliver said books, records, papers and documents to his successor in office. SECT. 5. The board of directors shall have full Librarian and ,., . i 11 i. subordinate power to appoint a librarian and all subordinate officers, officers whom they may deem expedient, fix their compensation, and remove said officers at pleasure. SECT. 6. All moneys appropriated for the public Expenditures, library shall be expended by said board of directors for paying the librarian and his assistants, warming and lighting the building, furnishing it and keeping it in repair, in purchasing books, keeping the build- ing and books insured, and for such other things as may in their judgment be for the benefit and advan- tage of the institution. I5 2 ORDINANCES. Directors, SECT. 7. The said board of directors shall have powers of. the care and custody of the building and grounds so far as they may be used and occupied by the public library, shall have the sole custody of the books and management of the library, and shall have full power to make any and all needful and suitable regulations concerning said library and the use thereof. Reports. SECT. 8. The said directors shall, annually, in the month of January, lay before the city council a de- tailed report of their doings, and of the condition of the library. CHAPTER XXV. HACKNEY AND OTHER CARRIAGES. G. S. c. 19, 14; 120 Mass., 60. Licenses and SECT. i. The mayor and aldermen may from time to time at their discretion grant licenses, upon such terms and to such persons as they may deem expedient, to set up, employ, or use hackney car- riages for the conveyance of persons for hire, from place to place within the city of Worcester, and may designate the public stand or stands within said city which said carriages may occupy, and no person shall set up, employ, or use such carriage for the ORDINANCES. 153 purpose aforesaid without a license therefor as aforesaid. SECT. 2. Every person licensed according to the Bonds and be- havior. provisions of section one of this chapter shall give a bond with sufficient surety or sureties, to be approved by the city clerk, in such sum as the mayor and aldermen may order, conditioned for the safe conveyance of passengers and their baggage, according to the provisions of this chapter, or such rules and regulations as the mayor and aldermen may prescribe ; and no person shall behave himself in a rude and disorderly manner ; nor use any indecent, profane, or insulting language towards any person or persons, nor be guilty of being intoxicated. SECT. 3. Every person licensed as aforesaid shall carriages to be - .- j , . , 11-1 numbered - cause his carriage to be conspicuously marked with the number assigned to it by the city clerk, in metallic figures, not less than one and a half inches in size, and of such color as to be readily seen and read ; and the names of the owners and driver and the number of the carriage, together with the rates of fare duly established, shall be conspicuously posted on a printed card in every such carriage. Notice to b e And no owner, or driver, or other person having P charge of any hackney carriage, shall demand or 154 ORDINANCES. receive any more than the price or rate of fare Penalty for uie- established by the board of aldermen, under a gal fare. penalty not exceeding twenty dollars and he shall Refusing to carry f or f e ^ hj s license. And for unreasonably refusing passengers. to carry any passenger from any railroad station to any point within the city, the owner, driver, or other person having charge of such hackney car- riage, shall be subject to a like penalty. License, how SECT. 4. No license granted as aforesaid shall construed. apply to any carriage, or owner, or driver, except the particular one designated therein by its number or otherwise made certain. TO wait only at SECT. 5. No owner, driver or other person hav- stands assigned. ing charge of any hackney carriage shall stand or wait for employment, with such carriage, in any street, square, lane, court, or public place, within said city, other than the stands assigned to such car- riages by the mayor and aldermen or by some person by them duly authorized. SECT. 6. Every owner, driver, or other person having charge of any hackney carriage which has a stand in any street or square, or at any railroad depot, or place of public entertainment, shall at all times when driving or waiting for employment wear a badge on his hat or cap, with the number of his carriage thereon, in brass or plated figures of not ORDINANCES. 155 less than one-half inch in size, and so placed that the same may be distinctly ^een and read. SECT. 7. Every hack, stage coach, omnibus, or Definition. other vehicle, whether on wheels or runners, which / shall be used for the conveyance of passengers for hire from place to place within said city shall be deemed a hackney carriage within the meaning of this chapter. SECT. 8. The mayor and aldermen may from job wagons, &c. time to time grant licenses, to such persons and upon such terms as they may deem expedient, to employ or use any wagon, cart, sleigh, or other vehi- cle, which may be necessary for the conveyance from place to place within said city, for hire, of any goods, wares, furniture, merchandise or rubbish ; and the mayor and aldermen may designate the public stand or stands within said city which such vehicles may occupy, and no person shall use any of the vehicles mentioned in this section for the purpose herein specified without a license as aforesaid. SECT. 9. For every license granted under the Fees for licenses. provisions of this ordinance there shall be paid to the city clerk the sum of one dollar for the use of the city. 156 ORDINANCES. Expiration and SECT. io. All licenses granted as aforesaid shall transfer. . iri /-TIT rii expire on the first day of May next after the date , thereof, and no license shall be sold, assigned or transferred without the consent of the mayor and aldermen indorsed thereon by the city clerk or his assistant and the payment of one dollar. job wagons, & c . SECT. ii. Every person licensed under the pro- To be numbered, &c - visions of section eight of this ordinance shall have placed upon the outside and upon each side of the vehicle he may use the name of the owner and the number of the license, in plain legible words and figures of not less than one and one-half inches in size, and so that the same may be distinctly seen. Position at SECT. 12. All drivers, owners, or persons having stands. the care of any such carriages or vehicles as are described in this chapter, while at the stands desig- nated by the mayor and aldermen, shall place their respective carriages or vehicles next to the sidewalk, in a single line, and so as to leave sufficient space for travellers along the streets and passageways, and so as not to obstruct or encumber the crossing places of any street. Minors. SECT. 13. No hackney carriage or other vehicle mentioned in this chapter shall be driven by a minor unless he be specially licensed by the mayor and aldermen. ORDINANCES, 157 SECT. 14. The mayor and aldermen may establish Fare. the fare for the conveyance of passengers in any hackney carriage licensed according to the provis- ions of this chapter, and revise or change the same at pleasure. / SECT. 15. No owner, driver, or other person Excessive fare, having charge of any hackney carriage for the conveyance of passengers, licensed as aforesaid, shall demand or receive a higher rate of fare than that established by the mayor and aldermen. SECT. 1 6. Whoever wantonly violates any of Penalty, the provisions of this chapter shall have his license forthwith revoked, and he shall not again be licensed for the term of three months thereafter ; and this penalty shall be in addition to any other penalty imposed or provided by virtue of this ordi- nance for the violation of the provisions aforesaid, CHAPTER XXVI. HEALTH. See St. 1877, c. 133 (accepted). G. S., c. 26. SECT. i. The board of health shall consist of Constitution an three persons, one of whom shall be the city rgan ^ auon ' * , J City physician, physician ex-officio, and shall meet on the first St - I878) c - ait 158 ORDINANCES. Monday of February, annually, or as soon as prac- ticable thereafter, and organize by the choice 'of one of their number as chairman ; they may choose a clerk, who may or may not be a member of the Regulations, board, and may make such rules and regulations for their own government, and for the government of all subordinate officers in their department, as they may deem expedient. Powers. SECT. 2. Said board of health are hereby author- c.^st. .26, 4 , j zec j to p re p are anc j enforce such regulations as they may deem necessary for the safety and health of the people, with reference to house drainage and its connection with public sewers, where such con- nection is made, and shall have power to appoint such subordinate officers, agents and assistants, as they may deem necessary, and may fix their com- pensation, and the compensation of the clerk before mentioned ; provided, that the whole amount of such compensation shall not exceed the sum appro- priated therefor by the- city council. Reports. SECT. 3. Said board of health shall, annually, in f (acS'ted)! 33 ' the month of January ; present to the city council a report made up to and including the thirty-first day of the preceding December, containing a full and comprehensive statement of the acts of the board during the year, and a review of the sanitary 7 ORDINANCES. 159 condition of the city ; they shall also, whenever the city council or the committee on finance shall so require, send to the auditor an estimate in detail of the appropriations required by their department during the next financial year. SECT. 4. Whenever the board of health shall be May enforce reg- ulations. satisfied that any building used as a dwelling house st. i8 77 ,c. i 33 , is not furnished with a sufficient drain, privy and : G.s.,&j& vault, or water closet, or either of them, they shall give notice in writing to the owner of such building, or his agent, or such notice may be left at the last and usual place of abode of such owner, agent or occupant, requiring that a suitable drain, privy and vault, or water closet, or either of them, be con- structed within such time as they shall appoint, for the use of such tenement ; and in case such requisi- tion be not complied with the board shall cause such drain, privy and vault, or water closet, or either of them, to be constructed, the expense of which shall be charged to such owner or agent ; provided that notice to persons residing out of the state, or to unknown ow'ners of such buildings, the premises being unoccupied, may be given by posting up the same on the premises, and by advertising in some newspaper published in the city of Worcester. I6O ORDINANCES. nay abate mn- SECT. 5. Whenever it shall appear to the board G. st. c. 26, 7> of health that any cellar, lot or vacant land is a nui- sance, or in such condition that it may probably be- come dangerous to the public health, they shall cause the same to be drained, filled up, or otherwise pre- vented from becoming or remaining a cause of nui- sance or sickness ; and shall charge all reasonable expenses incurred in so doing to the owners or par- ties occupying such cellar, lot, or land ; provided that notice shall have been first given, and forty- eight hours thereafter allowed, as provided in the fourth section of this chapter. offend- SECT. 6. The board of health shall cause all per- ets and remore nuisances. sons who persistently violate or disobey the laws of G. Sue. 26, 11. the commonwealth, or the rules of the board of health, or the orders, by-laws, or ordinances of the city for the preservation of the health of the city, which are now in force, or which shall hereafter be made by lawful authority, to be forthwith prosecuted and punished ; and in case, in the opinion of the board of health, it shall be for the health or comfort of the inhabitants that any particular nuisance shall be forthwith removed, and without delay, it shall be their duty to cause the same to be removed accord- ingly at the expense of -the owner or owners of the land upon which the said nuisance exists. ORDINANCES. l6l SECT. 7. Whenever the board of health shall crowded and _ - . . i r filthy tenements. find that the number 01 persons occupying any tenement is so great as to be the cause of nuisance or sickness, or a source of filth ; or whenever any tenement is not furnished with a suitable privy, vault, and drain under ground according to the provisions of this chapter, the board of health may cause all or any persons occupying such tenement to be removed therefrom, first giving them notice in writing to remove, and allowing them at least forty-eight hours in which to comply with said notice. SECT. 8. The board of health shall have power contagious and to remove, or cause to be removed, from any dwel- llses. " ling house or other place within said city, anv ^- st. c. 26 , person or persons sick with any contagious or infectious disease, or any person who may have been exposed to such contagious or infectious disease, to any hospital or place within the city proper for the reception of such sick or exposed person ; and, in case any person sick with such contagious or infectious disease in any house or other place within said city cannot be removed without danger to his or her health, the board of health shall have power to cause any house or tenement contiguous to be vacated by the removal of the occupants thereof, for such time as said 13 1 62 ORDINANCES. board shall think expedient, and as the safety of the inhabitants may require. swin, & c . SECT. 9. The mayor and aldermen may license suitable persons to collect and carry away, through the public streets and highways of the city, swill, house offal, and decayed or decaying vegetable or animal matter. swbe and goats. SECT. io. The mayor and aldermen are author- ized to prohibit the keeping of swine and goats in any part or parts of the city, where they deem that the keeping of such animals would be detrimental to the health or comfort of the citizens in the neigh- . borhood thereof residing or passing, and shall have power to remove or cause to be removed any swine or goats from any place where the keeping of such animals is prohibited. CHAPTER XXVII. LAMPS. Lamps and SECT. i. The committee on lighting streets shall fixtures. have the care and oversight of all the street lamps and fixtures belonging to the city ; shall cause the same to be kept clean and in good order for use, and ORDINANCES. 163 shall see that the same are kept lighted at such times as the convenience of the public requires. They shall Lighting iam ps . also cause such other lamps to be lighted as the city council may from time to time direct* SECT. 2. The said committee may employ su ita- Lighting and ex tinguishing ble persons to light and extinguish the street lamps, iam ps . may contract for materials, and shall see that the contracts for posts, lamps and fixtures ordered and located by the city council are procured and erected. CHAPTER XXVIII. MESSENGER. SECT. i. The city messenger shall have the gen- Messenger. eral care and custody of the city hall building and its various apartments, together with the steam heat- ing apparatus. He shall attend the sessions of the Dutiesof - city council, school committee, and board of over- seers of the poor, and deliver all messages, notifica- tions, and other papers, when thereto directed by the mayor, the president of the common council, the city council, or either branch thereof; and shall no- tify the members of all committees .of the city coun- cil, joint or separate, of any meeting of the same, when requested by the chairman. He shall prepare 164 ORDINANCES. and arrange the halls and apartments of the city hall building for the uses to which they may be appro- priated; and, under the direction of the mayor, he shall provide all things necessary and proper for the use of said halls and apartments, shall keep them clean and in good condition for ordinary uses, and for any occupation which shall be permitted by the mayor and aldermen, or common council, shall per- sonally attend to, prepare and take charge of any of said halls and apartments, whenever the occupation of them shall be permitted as aforesaid ; and shall be at all times subject to such further orders as the city council or either branch thereof may make. CHAPTER XXIX. MILK INSPECTOR. inspector. SECT. i. It shall be the duty of the inspector of Duties of. milk to cause the provisions of chapter two hundred and nine of the acts of the year 1880 to be published once in some newspaper published in the city of Worcester, to obtain evidence and prosecute all violators of the laws relating to the sale of milk, and to publish the names of all persons convicted of violating said laws in at least two newspapers printed in said city, and also to grant licenses to persons dealing in milk in the city, as provided in said chapter. ORDINANCES. 165 CHAPTER XXX. OVERSEERS OF THE POOR. SECT. i. The overseers of the poor shall elect acierktobe clerk who may or may not be one of their own number. He shall be sworn to the faithful per- formance of the duties of his s office, and shall keep a fair and intelligible record of all the doings of the overseers of the poor, and of all facts relating to any aid or assistance granted or refused by said over- seers, and, at the expiration of his term of office the record aforesaid shall be delivered to his suc- cessor in said office, or to the city clerk for the use of the city*. He shall be governed in the Duties of. performance of his duties by such rules and regu- lations as may be prescribed by said overseers, or by any order or orders passed from time to time by the city council. SECT. 2. It shall be the duty of said clerk to TO k eep accounts 1 r 1 1 an< ^ P re P are re ~ keep an accurate account of all moneys received turns, and expended by him, on account of the poor, and to make out and prepare for the overseers of the poor the annual returns and statistics required by law to be made to the secretary of the common- wealth. 166 ORDINANCES. overseers to SECT. 3. Said overseers shall cause books to be cause books to . 1111 i 1 1 r be kept. kept, wherein shall be entered all information required by the general laws of this commonwealth, in regard to such persons as shall have been aided ; and also all further information in regard to every case of relief given, or refused, that may be of importance to the city of Worcester or the Com- monwealth to preserve, stating the amount and kind of aid given, and the reasons for giving such aid, or for refusing the same ; such information to be so arranged as to be readily referred to upon the books. Books may be SECT. 4. All books, records, reports, papers and examined. property, belonging to said overseers may at any time be examined by the board of aldermen, or any person or committee which said board of aldermen or the city council shall direct or appoint to inspect and examine the same. Meetings. SECT. 5. Said overseers shall meet on the first Friday evening of each month for the transaction of the general business of the board, and at such other times as they may from time to time order or direct at any regular meeting, or at any time when called to meet by order of the mayor. Reports. SECT. 6. During the month of December in each year said overseers shall submit to the city council a ORDINANCES. 167 full report of all their doings, receipts and expendi- tures for the year ending with the last day of the November preceding, together with such information and suggestions as they shall deem it expedient to present to the city council, or shall be requested to furnish by an order of the board of aldermen or city council ; and they shall, whenever requested by the board of aldermen or city council, communicate such information as may be desired by either. CHAPTER XXXI. PAWNBROKERS AND DEALERS IN SECOND-HAND ARTICLES. SECT. i. No person shall carry on the business pawnbrokers,&c. , . , . r i r i to be licensed. of a pawnbroker or keeper of a shop for the pur- chase, sale or barter of junk, old metals or second- hand articles, in the city of Worcester, unless he isc. s,c.88, 2 s. duly licensed therefor by the mayor and aldermen. SECT. 2. Every pawnbroker or keeper of such a TO k eep books, shop shall keep a book, in which shall be written at the time of receiving any article as a pawn, or pur- chasing any article, a description of the same, the name, age and residence of the person from whom, and the day and hour when he received or pur- chased it, and such book shall at all times be open 1 68 ORDINANCES. to the inspection of the mayor and aldermen and of any person by them authorized to make such inspection. Not to receive of SECT. 3. Noperson licensed as aforesaid shall, minors. directly or indirectly, receive any article in pawn or purchase any article of any minor or apprentice, knowing or having reasonable cause to believe him st. i8 77 , c . i8 5 . to De sucn< All articles received in pawn or purchased may be examined by the mayor and aldermen, or by any person authorized by them Examination. j- o ma k e such examination, at all times. All 1876, c. 147. licenses granted under this ordinance shall desig- nate the place where the person licensed may carry on his business, and he shall not engage in or carry on his business in any other place than the one Licenses. designated ; and all the provisions of this ordinance * st. 1879,0. shall be incorporated into every license which shall be granted under it. CHAPTER XXXII. MANUFACTURE, STORAGE AND SALE OF CAMPHENE, AND PETROLEUM AND ITS PRODUCTS. Licenses. SECT. i. Any person desiring to manufacture, G. S.,c. 88, 51. . . st. 1869, c. 152, refine, mix, store or keep lor sale, in the city of Worcester, camphene, burning fluid or other ORDINANCES. -169 explosive or inflammable fluid, or any oil or fluid composed wholly or in part of any of the products of petroleum except as provided in the fifth section of chapter one hundred and fifty-two, of the acts of the year eighteen hundred and sixty-nine, shall make application in writing for a license therefor to the board of aldermen of said city, and shall state in such application the locality, building or part of a building, for which he desires a license, and whether he desires a license for manufacturing, refining, and mixing said articles, or any of them, or a license for storing or keeping them, or both. SECT. 2. No license shall be granted for selling, ^p^^- St. 1869, c. 345. or keeping for sale, for illuminating purposes, any kerosene or refined petroleum which has not been inspected by the officers appointed for that purpose by the mayor and aldermen. SECT. 3. Except as herein before expressly pro- Licenses, limita- . . tion of. vided, licenses maybe granted for manufacturing, St . l869j c . IS2> refining, mixing, storing and keeping said articles, 9 ' or any of them, in cellars, or upon the first floor of buildings, or in other suitable localities, in such quantities and in such a manner as the board of aldermen may in each case determine, except that no license shall be granted for manufacturing, refining, mixing, storing or keeping said articles, or 14 1 7O ORDINANCES. any of them, upon the first floor of any building in a greater quantity than thirty gallons, unless the same be contained in metallic vessels, securely closed. conditions and SECT. 4. There shall be expressed in said license revocations of licenses. the name of the person or persons to whom the 9. ''license is granted, and such conditions, and limita- tions as to the manner in which said articles shall be mixed or kept, as the board of aldermen may in each case see fit to impose. All persons holding such license shall allow the chief engineer of the fire department, or any of the assistant engineers, or the inspector or inspectors appointed by the mayor and aldermen, to enter the premises de- scribed in the license, and take such samples of oils and make such examinations of the premises as said engineers or inspectors deem expedient ; and the board of aldermen may revoke any license at any time. violations of SECT. 5. It shall be the duty of the chief and licenses.. st. i86 9) c. 152, assistant engineers of the fire department, and of 6. the inspectors appointed by the mayor and alder- men, to make complaint to any court of competent jurisdiction of all violations of the provisions of chapter one hundred and fifty-two, and chapter three hundred and forty-five, of the acts of the year ORDINANCES. eighteen hundred and sixty-nine, and to bring suits in the name of the mayor of the city against all persons who manufacture, refine, mix, store or keep for sale camphene, burning fluid or other explosive or inflammable fluid, or any oil or fluid composed wholly or in part of the products of petroleum, without the license required by this ordinance. CHAPTER XXXIII. PHYSICIAN. SECT. i. The city physician shall hold office for physician. . Term of office. the term of three years from the first Monday of February next succeeding his appointment, and shall be ex-officio a member of the board of health. Dutiesof . He shall, in addition to his duties as a member of said board, attend, under the general direction of the overseers of the poor, upon all sick paupers and patients under the care of the city authorities at the poor farm or elsewhere within the limits of the city, and render all services incumbent upon him by any law of the state or ordinances of the city. He shall report annually on the second 'Monday of January, to the city council, a list of all persons who have died while under his charge during the previous year, stating the age, sex and disease of the person 1/2 ORDINANCES. deceased : shall give to either branch of the city council or to any committee thereof, all such pro- fessional advice and counsel as they may require of him; shall vaccinate all scholars of the public schools who may be sent to him by the school committee for that purpose, free of charge, and perform all such professional services as may be reasonably required of him by the mayor, aldermen, city council or board of health. Duties of. SECT. 2. He shall perform all the professional services that may be required in the police station ; shall keep a record of all cases of small-pox or other contagious diseases and make such reports thereof as the mayor and aldermen may from time to time direct. CHAPTER XXXIV. POLICE. Charter, 13. Department, of SECT. i. The police department of the city of what composed. . . " Worcester shall consist ol one city marshal, two assistant marshals, .one captain of night police, and such number of policemen as the mayor and alder- men may from time to time appoint. Marshal to give SECT. 2. The city marshal, before entering upon bond. the duties of his office, shall give bond in the sum ORDINANCES. 173 of one thousand dollars, with sufficient sureties, to be approved by the mayor and aldermen, for the faithful performance of the duties of said office. SECT. 3. The city marshal shall have the general Duties - charge and supervision of all the constables, assist- ant marshals, and police officers, shall have the precedence and control of the same whenever en- gaged in the same service, and shall report forthwith to the mayor and aldermen any violation of duty on the part of either of said officers. It shall be his duty from time to time to pass through the streets, lanes, alleys, squares and public grounds of the city, to observe all nuisances, obstructions and impedi- ments therein, or on the sidewalks thereof, and cause the same to be removed according to law. He shall receive all complaints against any person or persons for any breach of the laws, or of the ordi- nances of the city, and for that purpose shall attend, at his office, daily, at some stated time to be desig- nated by the mayor and aldermen. He shall report immediately to the commissioner of highways any defect he may discover in any of the streets, roads, or bridges. He shall prosecute all offenders with promptness and effect, and use all lawful and proper means to secure convictions. It shall be his duty to enforce and carry into effect all laws and city ordinances, and to be vigilant to detect and punish J74 ORDINANCES. any breach thereof. He shall obey and execute all orders of the mayor and aldermen, the city council, or of the board of health. Dudes with re- SECT. A.. It shall be the duty of the city marshal, gard to public ^ J J health. subject always to the direction, authority and con- trol of the board of health, to carry into execution all the ordinances and rules made by the city council and all rules made by the board of health relative to causes of sickness, nuisances and sources of filth that may be injurious to health, or may affect the comfort of the inhabitants of the city, existing within the limits thereof; to report all such nuisances, sources of filth, and causes of sickness to the board of health ; and to cause all such nuisances, sources of filth and causes of sickness to be removed, destroyed or prevented, when prac- ticable, as the case may require, conformably to such ordinances and rules, and the laws of the commonwealth. Dudes about nui- SECT. 5. The city marshal, when thereto ordered sances, &c. by the board of health, shall, at any time between sunrise and sunset, enter into any building or other place in the city, for the purpose of examining into, destroying, removing or preventing any nuisance, source of filth, or cause of sickness therein ; and in case such entrance is opposed he shall make ORDINANCES. 1 75 known such opposition to the board of health, in order that a warrant may be obtained to enforce the same as provided by law. SECT. 6. The city marshal shall keep or cause To kee p records at station. to be kept, at the police station, a complete descrip- tive list of each and every person arrested and brought to the station, by giving his or her name, nativity, age, height, complexion, weight, color of hair and eyes, the amount of money he may have in his possession, his present residence, and the offence for which he is arrested, all of which shall be entered in a book to be furnished by the city ; and the same shall be delivered by said marshal to his successor in office. SECT. 7. The city marshal shall keep a correct To keg p of doings. record of all the doings of his office, which shall at all times be subject to the inspection of the mayor and aldermen, and shall make a regular report thereof as often as once in three months to the city council, and at such other times as they shall require. SECT. 8. The assistant marshals before entering Assistant ma r- upon the duties of their office shall give bond in bonds. the sum of five hundred dollars, with sufficient sureties, to be approved by the mayor and I 76 ORDINANCES. aldermen, for the faithful performance of the duties of their office. General duties of. SECT. 9. The assistant marshals shall, under the direction of the marshal or of the mayor and alder- men, aid in any and all such duties as are pre- scribed in this chapter for the city marshal, and may act as day and evening police. Duties at fires. SECT. io. The assistant marshals shall, in case of fire in the city, repair to the place where the fire may be, and attend diligently to the preservation of the public peace, the prevention of thefts, and the loss or destruction of property. spedai police. SECT. ii. The mayor and aldermen may appoint such number of special police, for day or night service, as they may deem necessary, and fix their compensation. water, duties of SECT. 12. It shall be the duty of each and every officers about. police officer to exercise supervision over the use of water, to prevent its waste, and to report to the office of the water commissioner all cases of leaks in water pipes which may come to their knowledge, and the locations where any waste is permitted by takers ; and for this purpose they shall have free access at all times to any premises, apartments or rooms ORDINANCES. 177 where they have good reason to believe water is be- ing improperly used or wasted. SECT. 13. The city marshal may establish rules Rules and re g u. lations. and regulations for the government of the police, subject to the approval of the mayor and aldermen. SECT. 14. All fees, penalties, and witness fees Fees, received in the Central District Court of Worcester fl**"' ' 2l6> by any police officer receiving a stated salary, and all compensation for any service performed by them in their official capacity, shall be paid by such officer into the city treasury. CHAPTER XXXV. POUND KEEPERS. SECT. i. Every pound-keeper in the city of Wor- Pound keeper to keep record. cester shall keep a record of all his doings, together with a list of all animals by him impounded, with the names of the owners thereof, which record shall be at all times open to the inspection of the mayor and aldermen or of any person by them authorized to make such inspection, '5 1 78 ORDINANCES. CHAPTER XXXVI. PUBLIC GROUNDS. Charter, 21. Takmg horses on g^ ^ NQ person ^^ ^fe public grounds. any horse in or upon any inclosed public grounds in the city of Worcester, except by the permission of the commissioners of public grounds and shade trees. injuring fences SECT. 2. No person shall injure or deface any o., n ,4 A J J around. fence around any public grounds in said city. creating nui- SECT. 3. No person shall, in any manner, carry sance on and dig- ging.&c., gravel, or cause to be carried into any of the inclosed pub- &c. ... lie grounds in said city any dead carcass, filth, or any offensive matter or substance whatever, nor dig or carry away any of the sward, gravel, sand, turf or earth in or from said grounds, except by permission of the commissioners thereof; and no person shall commit any nuisance on any of said inclosed public grounds. Trespass b y ani- SECT. A.. No person shall suffer any horse, ox, mals. cow, grazing animal, or fowl belonging to him, or under his care or keeping, to go at large on any public grounds^injsaid city. ORDINANCES- 1 79 SECT. 5. No person shall He upon any seat or Lying on seats or i A i r- 11 ground, or play- upon the ground upon the Central park or common, i ng games. or Elm park, or play at any game on said parks or commons, except upon such parts thereof as may be designated by the commissioners of public grounds and shade trees. CHAPTER XXXVII. SCHOOLS. SECT. i. The school committee may appoint'and superintendent, election, com- fix the compensation of a superintendent of public pensation and duties of. schools, a majority vote of the whole board being St . 1874,0.272. necessary for that purpose. Said superintendent shall have the care and supervision of all the public schools of the city, under the direction and control of said school committee, and shall hold his office until a successor is appointed or he is removed ; and he shall be removable at the pleasure of the school committee. SECT. 2. The school committee shall present to committee to furnish estimates. the auditor on or before the twentieth day of December in each year an estimate of the amount required for salaries, for incidental expenses, and for the alteration, repairs, and erection of school- ORDINANCES. houses for the year commencing with the first day of said December. school accommo- SECT. 3. Said committee shall be the original dations. O st. 1873, c. i8 3 , judges of the expediency and necessity of having printed on page 35- additional or improved accommodations for any public school within the limits of the city ; and whenever, in their opinion, a school-house is required, or material alterations are needed, they shall send a communication to the city council, stating the locality and the nature of the further provisions for schools which are wanted ; and no school-house shall be located, or materially altered until the school commitee shall have approved of the proposed locality and plans. vaccination. SECT. 4. The school committee may cause any G. S., c. 41, 9. scholar of any of the public schools within said city to be vaccinated by the city physician ; and no person who has not been vaccinated, or otherwise secured against contagion of small pox, shall be permitted to attend any of the public schools within the city of Worcester. It shall be the duty of the school committee to carry the provisions of this section into effect, and for that purpose to make any necessary rules and regulations. ORDINANCES. 181 CHAPTER XXXVIII. SEAL. SEC. i. The seal of the City of Worcester shall Seal - be of circular form, having in its centre the figure of a heart, encircled with a wreath, and in the margin the words "Worcester a Town, June 14, 1722 ; a City, February 29, 1848." CHAPTER XXXIX. SEALER OF WEIGHTS AND MEASURES. SECT. i. It shall be the duty of the sealer ofseaier to publish weights and measures to annually give public St . I8? 6 >c . I23; notice, by advertisements to be published each day^. \ SI & for one week, in one or more of the daily papers of the city, to all persons having a usual place of business in the city who use scales, weights or measures, for the purpose of selling any goods, wares, merchandise or other commodities, or for public weighing, to bring in their scales, weights, and measures, to be adjusted and sealed ; and said sealer shall attend, at one or more convenient places, to be designated in said notice, and shall adjust, seal and record all scales, weights and measures so brought in. ORDINANCES. Duties. SECT. 2. At any time after said notice the sealer 2. st,' i8 77 , shall go to the houses, stores and shops of persons c. 151. mentioned in section one, who have neglected to comply with the said notice, and, having entered the same, with the assent of the occupant thereof, shall adjust and seal their scales, weights and measures ; and shall collect for said service the compensation, compensation set forth in section fourteen of chapter fifty-one of the General Statutes, and pay the same to the city treasurer, on or before the thirtieth day of November in each year, reporting at the time of payment the amount thereof to the auditor. Dudes and sai- SECT. 3. The said sealer shall perform all the ary. st. i8 7 6, c. .23, other duties prescribed in chapter one hundred and twenty-three of the Statutes of 1876, and any statute in amendment thereof, and shall receive a salary, to be fixed by the city council, annually. CHAPTER XL. SEWERS. See St. 1867, c. 1 06, printed on page 68. St. 1871, c. 354, printed on page 72. superintendent SECT. i. The superintendent of sewers shall, to have charge, &c - under the direction of the committee on sewers, ORDINANCES. 183 have charge of the repair and construction of the sewers and drains of the city. SECT. 2. The city council of the city of Worces- cit y councilto maintain. ter shall cause to be constructed and kept in repair all main drains and common sewers which shall be ordered to be laid down through any streets or private lands within said city. SECT. 3. All common sewers shall be laid, as sewers to be in centre of streets. nearly as practicable, in the centre of the streets through which they pass, and no person shall enter his particular drain into any common sewer or drain Permission u> without a permit in writing from the superintendent of sewers. SECT. 4. He shall grant permits to individuals Permission to enter. to enter their drains into the public sewers and drains, in accordance with the rules and regulations made therefor by the city council, and shall keep a complete record, in books made for that purpose, of such permits, giving the name of the street, and the number of the estate, if any, name of the owner, size and kind of side drain entered, and Record - the name of the drain layer making the entrance, and such other facts in connection therewith as may be of importance as matter of record. 184 ORDINANCES. Drab layers. SECT. 5. No person as a. drain layer shall make any entrance into any sewer in the city unless he be duly licensed by the mayor and aldermen ; and such person so licensed shall give a bond, in a sum of not less than one thousand dollars, for the faithful performance of such work as he may execute, and to make good any defects which may appear in any sewer, street, pavement or drain, in consequence of any work done under any permits granted him, or which may appear in the work so done by him. obstructing sew- SECT. 6. No person shall throw any earth, dirt, ers. &c. stones, bricks, sawdust, ashes, cinders, shavings, hair, oyster, lobster or clam shells, or any animal or vegetable substance, into any drain or sewer, inlet, man hole or catch basin, in the city of Worcester. Particular drabs. SECT. 7. All particular drains which shall here- after enter into any common sewer shall be built of such materials, dimensions, and descriptions, with such grade and in such manner as the city council shall direct; and they shall be at all times subject to be enlarged or otherwise altered by the city council, as in their judgment the public health superintendent or convenience shall require. The superintendent to keep accounts and report. shall keep an accurate account of the expense of ORDINANCES. 185 constructing and repairing each common sewer, and shall report the same to the joint standing committee on sewers, together with a schedule of committee on . sewers to report. property belonging to the department; and said committee shall, on or before the first Monday of January in each year, present to the city council a report containing a statement of the condition of all the sewers of the city, and of the property con- nected therewith, with an account in gross of all expenditures for the year ending November thirtieth next preceding, together with any suggestions and information which they may deem important. CHAPTER XLI. SIDEWALKS. See St. 1869, c. 390, printed on page 76. m SECT. i. Whenever the city council shall adjudge city council to lay out side- that the public convenience and necessity requires walks, that a sidewalk be laid out and established in the city of Worcester, the order for laying out and establishing the same, with a written description of the boundaries, admeasurements, grades and heights of the curbstone thereof, shall be filed in the office of the city engineer, and shall remain on file seven days, at least, before the passage by either board of the order laying out and establishing said sidewalk. 16 1 86 ORDINANCES. commissioner to SECT. 2. When any sidewalk shall have been build, &c. laid out and established as aforesaid, the commis- sioner of highways, under the direction of the committee on highways and sidewalks, shall grade the same, set the curbstone, pave the gutters, and construct said sidewalk of such material as the city TO keep accounts council shall deem expedient It shall be the duty and report. of said commissioner to keep an exact account of all expenses and outlays required or incurred by him in constructing each sidewalk, abutting upon any estate, and report the same in writing within thirty days from the completion of the same, with the names of persons chargeable with the whole or any part of such expense, to the auditor, who shall city council to at once report the same to the city council, and assess abutters. - i 1 1 /- i i i i they shall forthwith proceed to assess upon the owners of the several estates abutting upon said sidewalks their just and proportionate part of the expense of paving said walk. Said report shall contain in separate items the expense of paving the gutters, setting the curbstone and paving the walk. what shaii be SECT. 3. The expense of constructing or'repair- assessed. ing any sidewalk laid 'out and established as afore- said, or any sidewalk heretofore established in the city of Worcester, shall be assessed upon the abut- ters, but no part of the expense of grading the street, ORDINANCES. 187 setting the curbstone or paving the gutters shall be" so assessed, but shall be paid for by the city. SECT. 4. Whenever the public convenience and Repairs, safety requires that any sidewalk heretofore estab- lished in the city of Worcester be repaired, the city council shall order the commissioner of highways, under the direction of the committee on highways and sidewalks, to repair the same, and he shall forthwith cause the same to be repaired, and report the expense of so doing to the auditor in the same manner as is provided in section two ; and the auditor shall report the cost of the same to the city council, and it shall be assessed as provided in section two. SECT. 5. The city council may cause temporary Temporary foot- walks. footpaths or walks to be graded or constructed at the expense of the city, in front of vacant lots or elsewhere, where the public convenience or interest does not require that permanent sidewalks shall be laid out and established as herein before provided; and such temporary walks shall be subject to all the restrictions and regulations contained in this chapter. 188 OkDINANCES. CHAPTER XLII. SINKING FUNDS. St. 1875, c - 2O 9- commissioners, SECT. i. There shall be elected by a concurrent election and duties of. vo te of both branches of the city council a board of commissioners of the sinking funds, consisting of three persons, one of whom shall be elected each year, in the month of December, and shall hold office for the term of three years, from the first Monday of January next following said election ; said board shall have the sole care and management of any and all sinking funds established in con- formity to law. No member of the city council i8 7S) c . 209,' 5 ! shall be a member of said board. In case of a vacancies. vacancy the remaining member or members shall exercise the powers of the board till the vacancy shall be filled. organization. SECT. 2. Said commissioners shall meet on the first Monday of January, annually, or as soon as practicable thereafter, and organize by the choice of a chairman, secretary and treasurer. Treasurer. SECT. 3. The treasurer may be the city treas- urer, and, if the city treasurer shall be chosen, his bond shall apply to and include duties performed under this ordinance. If any other person shall be ORDINANCES, 189 chosen as treasurer, he shall give a bond, with sure- ties, to the satisfaction of the commissioners, for the proper performance of the duties of his office. The commissioners to commissioners shall keep a record of their proceed- and report. ings ; and, annually, in the month of January, make a written report to the city council of the amount and condition of the funds under their management, and the income thereof, for the then preceding financial year. The record and the securities be- Record and se - curities. longing to said funds shall at all times be open to the inspection of the mayor and aldermen, or of any committee of the city council duly authorized for the purpose. The treasurer shall receive such compen- compensation. sation as shall be fixed by the city council, but no commissioner shall receive compensation for his services. SECT. 4. It shall be the duty of the commission- commissioners to ers aforesaid, on the third Monday of December in required. each year, to report to the auditor the amount required to be raised by taxation at the next annual assessment for each of the sinking funds in the hands of said board for the redemption of the city debt ; and, to ascertain the amount to be so raised by taxation, they shall deduct from the total amount of the required annual contribution thereto all ad- ditions to such funds during the year preceding said third Monday of December from the several sources 1 90 ORDINANCES. of income specified in section eight of this ordinance. TO invest. it shall further be the duty of said commissioners, sOx far as they may be able, to invest, from year to year, any contribution to the several sinking funds, in bonds of the funded loans of the city, and to hold the same as part of the sinking fund to which any such contribution shall be made under section five of chapter two hundred and nine of the Acts of 1875 ; TO stamp bonds, and the commissioners shall cause to be written or stamped on the face of said bonds, a notice that they are a part of said sinking fund and are not negotia- ble, and the coupons thereof as they become due and are paid shall be cancelled. Application of SECT. 5. The commissioners aforesaid shall in funds. no case pay or apply any sinking funds or the inter- est or accumulation thereof in payment of interest Renewal. upon any debt of the city. Upon the maturity of the funded debts of the city outstanding December 20, 1875, the same shall be renewed in securities of the city, payable on or before the first day of June, A. D. 1905, except so far as the same or any portion thereof may be paid at maturity, or may be provided for by the funds in the hands of the commissioners. when payable. SECT. 6. Any debt contracted by the city under section three of chapter two hundred and nine of the Acts of 1875, shall be payable within a period ORDINANCES. not exceeding ten years from the date of contract- ing the same, provided, however, that debts incurred in constructing general sewers shall be payable within a period not exceeding twenty years from the date of contracting the same, and debts incurred in supplying the inhabitants with pure water shall be payable within a period not exceeding thirty years from the date of contracting the same. Whenever any debt is contracted as aforesaid, ck y to establish sinking fund and as provided in this section, the city shall, atwhendebtis contracted. the time of contracting the same, establish a sink- ing fund, and shall contribute thereto from year to year an amount annually raised by taxation suffi- cient with its accumulations to extinguish the debt at maturity, and every such sinking fund shall remain sacred and inviolate, pledged to the payment and redemption of said debt, and shall be used for no other purpose, and the commissioners aforesaid shall receive all sums contributed thereto and invest and apply the same as provided in section five of chapter two hundred and nine of the Acts of 1875. SECT. 7. Whenever any debt to be paid from any Payment, sinking fund becomes due, the commissioners shall apply from the funds in their care, applicable there- to, so much of said funds, or the proceeds thereof, as may be necessary for the payment of said debt, ORDINANCES. and any excess of said funds after the payment of said debt shall be applied to the sinking fund for the extinguishment of the general debt of the city, and all scrip, notes and bonds of the city, when paid by the commissioners, shall be cancelled by them and delivered to the city auditor. certain funds to SECT. 8. All sums of money which maybe re- be added to J J sinking funds, ceived on account of the sale of real estate of any description, now belonging, or which may hereafter belong to the city, excepting such as may be held for the benefit of the city hospital ; all sums which may be received on account of the principal sum of any bond or note now owned, or which may here- * after be owned by the city, excepting such as may be held for the benefit of said hospital ; all sums which may be received on account of assessments for any benefit and advantage by the laying out, altering, widening, grading or discontinuing of any street, or on account of assessments for the construc- tion of drains and sewers ; all excess of income from water rates over the amount required for mainten- ance and repair of the water works and interest on the funded water debt, and all excess of appropria- tions over the amounts required for the purpose thereof, shall, at the close of the financial year, be city council to added to any sinking fund or funds which the city council may designate ; and, if the city council shall ORDINANCES. 193 fail to designate to which of said sinking fund or funds the several sums above mentioned shall be applied, the commissioners of the sinking funds may apportion and apply the same in such manner as shall reduce the amount to be raised by taxation for said funds. CHAPTER XLIII. SOLICITOR. SECT. i. It shall be the duty of the city sol ichor cit y solicit r, duties of. to draft all bonds, deeds, leases, obligations, convey- ances and other legal instruments, and do every pro- fessional act which may be required of him by the city council, the mayor, or by any committee or ordi- nance of the city council, or by any order or rule of the city council, or either branch thereof; also, when required by the mayor and aldermen, common coun- cil, or any committee of the city council, or of either branch thereof, he shall furnish a written opinion on any legal question or subject which may be submit- ted to him ; and he shall at all times furnish legal advice to any officer of the city who may require his opinion upon any subject concerning the duties in- cumbent upon such officer by virtue of his office. He shall also attend all meetings of the city council or either branch thereof ; and, when requested, he 194 ORDINANCES. shall attend the meetings of any committee of the city council. Duties of. SECT. 2. He shall commence and prosecute all suits brought by order of the city or on account of any estate, claim, rights, privileges or demands of the city ; and shall appear before any court in this commonwealth in defence of all actions or suits against the city or its officers in their official capac- ity, wherein the rights, estates, privileges, ordinan- ces, or acts of the city, or breach of any ordinance may be called in question ; also shall try and argue any and all causes in which the city shall be a party, before any tribunal, whether in law or equity, in this commonwealth, or before any referee, arbitrator, or board of commissioners. TO report and SECT. 3. He shall, annually, in the month of deliver papers, to his January, make a report to the city council of the business of his office during the preceding year, stating the suits pending in favor of or against the city at the time said report is made, with a brief description of each ; and he shall deliver to his successor in office all papers, records of suits, doc- uments or other information he may have; relative to any claim for or against the city. successor. ORDINANCES. 195 CHAPTER XLIV. STABLES. G. S. c. 88, 32. SECT. i. No person shall erect, occupy, or use stable* for over four horses. any building for a stable for more than four horses in the city of Worcester, except in such part thereof as the mayor and aldermen shall direct. SECT. 2. No building shall be erected within the Livery subies. city of Worcester, and used and improved as a stable for keeping horses or carriages, upon hire or to let, commonly called livery stables, within one hundred feet of any church or meeting-house erected for public worship, without the consent in writing of the proprietors of such church or meeting-house, or the religious society or parish worshipping therein, and the consent of the mayor and aldermen. 196 ORDINANCES. CHAPTER XLV. STANDS FOR HAY, STRAW, WOOD, BARK AND CHARCOAL, AND DUTIES OF WEIGHERS AND MEASURERS THEREOF. For bark see Charter, 31 ; G. S., c. 49, 184, 186. For hay see G. S., c. 49> 7 2 to 8 3 ( 7 2 to 75 have been accepted, and 76 and 77 are repealed). For coal see Charter 31, St., 1870, c. 205. For lumber, &c., see charter, 31, G. S., c. 49, 184. For straw see St., 1861, c. 67. stands for hay, SECT. i. The mayor and aldermen shall appoint charter, 3 i. a suitable place or places in the streets and squares 72, 73 ' (which of the city of Worcester, as a stand or stands for have been ac- . . cepted). the measurement, weight, and sale of hay, straw, wood, bark and charcoal ; and the city council shall from time to time, as the public good may require, establish a sufficient number of public scales, furnished with decimal weights, for the weighing of hay and other articles. sellers to stand SECT. 2. No person driving or having charge of only at designated places. any vehicle containing hay, straw, wood or charcoal G h s rt , e c.'49, 3 7 2, for sale, shall stand with such material for more than ten minutes in any public street, square or place in said city, other than such stand or stands as shall be designated by the mayor and aldermen. certificates. s An cert i ficates or tickets that may be Charter 31. J G.S..C. 49, 72, issued by any weigher of hay or straw, or any ORDINANCES. 1 97 measurer of wood, bark, or charcoal, shall express the quantity or weight thereof measured or weighed in words at length, and not in figures only, and the same shall be written or printed with ink, and not in pencil marks. SECT. 4. No weigher of hay or straw, or measurer To weigh, & c ., of wood, bark or charcoal, shall give or permit to be ' ' streets, &c, be laid out, altered, or discontinued in the city of i Worcester, except upon petition therefor, and un- less, seven days, at least, previous thereto, the board of aldermen shall cause written notice of their inten- tion to lay out, alter or discontinue the same, to be left at the last and usual place of abode of the own- ers of the land over or through which such way is proposed to be laid out, altered or discontinued, or Notice to own- unless such notice shall be delivered to such owner in person, or to his tenant or authorized agent ; pro- vided that if the owner shall have no known place of abode in the city, and no tenant or agent therein known to the mayor and aldermen, then such notice shall be posted up in some public place in the city seven days at least before laying out, altering or dis- continuing of such way. Said notice shall specify the time and place appointed by the board of alder- men for meeting and hearing the parties interested therein. SECT. 2, At the time and place appointed and 2OO ORDINANCES. Mayor and aider- notified as aforesaid, the board of aldermen shall men, duties of. meet, and hear all persons or parties interested claiming to be heard, and proceed to view the prem- ises; and the mayor and aldermen may thereupon, if they shall see fit, and shall adjudge that the pub- lic convenience and necessity requires it to be done, proceed to lay out, alter, widen or discontinue said street or highway, and shall determine what dam- ages, if any, are sustained by any persons in their property, by the laying out, altering, or discontinu- ing of such way or road, and the amount of compen- sation they shall severally receive ; and said mayor and aldermen shall fix the boundaries and admeas- urements of said proposed street or way, and shall report their action in the premises to the common council. Not to be laid SECT. 3. No street, town way, or private way, out, &c., until, *' J ' &c which may be laid out, altered, or discontinued by the mayor and aldermen, shall be established, until such laying out, alteration or discontinuance, with the boundaries and admeasurements of said way, and also the amount of damages which said mayor and aldermen shall determine has been sustained by any persons in their property, by such laying out, altera- tion, or discontinuance, shall have been reported to the common council, and accepted and allowed at a regular meeting thereof, nor unless the decree or ORDINANCES. 2OI order for laying out, altering, or discontinuing such street or way, shall have been filed in the office of the city clerk, seven days at least before such meet- ing of the common council. SECT. 4. No street or town way shall hereafter be width and grade. opened in the city of less width than forty feet, except with the consent of the mayor and aldermen in writing first had and obtained, for that purpose, and no person shall open a private street into Private streets. any public street of the city until the grade of such private street shall have been fixed and estab- lished by the city council, the expense of fixing the grade to be paid by the party applying to opefi the street, and the city council reserving the right to close the same when unsafe or incon- venient for travellers. SECT. 5. Whenever any street or highway shall Stone monu - be laid out and established as a highway in the city of Worcester, it shall be the duty of the commis- sioner of highways, under the direction of the committee on highways and sidewalks, to cause to be placed at all the angles thereof good and sub- stantial stone monuments, with a hole of suitable size and depth drilled near the center of the uppermost end. In all cases where circumstances may require that the monument shall be sunk even with the 18 2O2 ORDINANCES. surface of the ground or pavement, the distance from the hole in said monument to one or more permanent objects in the immediate proximity of the same shall, if practicable, be ascertained and consti- tute a part of the record of the laying out of said street. CHAPTER XLVII. STREETS. See Charter, 35. G. S., c. 18, u. Names. SECT. i. The several streets in the city of Wor- cester shall continue to be called and known by the names by which they are now called and known until the same shall be altered by the city council ; and the city council may change or alter the name of any street, highway or public place ; and said coun- cil shall establish the names of all streets, highways, and public places hereafter laid out and accepted by said city, or by any other authority, within said city. obstructions. SECT. 2. No person shall break or dig up the ground in any highway or street, or erect thereon any staging for building, or place thereon any building material, or any goods, wares, or merchan- dise, or any coal, dirt, rubbish, or obstruction of any ORDINANCES. 2O3 kind, or occupy any portion of a highway or street Moving wid- . ' n K*> & c> for the purpose of erecting, repairing or moving any building, without a written license from the mayor and aldermen ; and any person licensed as aforesaid who shall break or djg up the ground, pavement or sidewalk, shall, before the expiration of the license, restore the same to the acceptance of the commissioner of highways. SECT. 3. In all cases in which a license may be Condition * o{ * licen*. given for obstructing or excavating any highway or street, the board of aldermen may impose such con- ditions and limitations as they shall see fit with regard to erecting barricades, maintaining lights, and taking other precautions for the security of travellers and other persons. Such license shall also express the time for which it shall continue in force. SECT. 4. Every person receiving such license Licence to give shall execute a written agreement to indemnify and save harmless the city against all damage or cost by reason of any claim for damages, or any process, civil or criminal, on account of the existence of such obstruction or excavation, or any injury to any person occasioned thereby; and the mayor and aldermen may, in their discretion, require sureties for the performance of such agreement 2O4 ORDINANCES, Temporary ob- SECT. 5. The foregoing prohibitions shall not structions. . prevent the unloading or temporary deposit in the street or sidewalk of merchandise, fuel, building materials, or other articles in course of carriage to or from premises adjacent or neighboring, provided that such articles shall be removed forthwith on request of the commissioner of highways and shall in no case be suffered to remain more than six hours. Posts - SECT. 6. No person shall erect pr remove any post or posts in any street or public place in said city except by permission of the mayor and aldermen. injuring trees, SECT. *j . No person shall dig up, injure or des- &c., in streets or on public lands, troy any ornamental or shade tree ; shrub, or vine, G. St., c. 46, 7. . J U f .U U' U growing and being m any or the streets or high- ways, or on any of the public lands of said city, without the consent of the commissioners of public grounds and shade trees first obtained therefor in writing. Blasting. SECT. 8. No person shall blast any rock or other substance with gunpowder, or other explosive mate- rial, at any place within fifty rods of any street or public place in said city, without a license from the mayor and aldermen in writing specifying the terms and conditions on which such license is granted. * ORDINANCES. 205 SECT. 9. No person shall ring, or cause to be Ringing beiis, &c., in streets. rung any bell, or use or cause to be used any horn St . lBjSi c . Ij6 . or other instrument, in any street in said city, to give notice of any business or calling, or for the sale of any article. SECT. 10. No person shall stand in any street in standing in streets o sell ar- said city for the purpose of grinding cutlery, or forticies/c. the sale of any article, or for the exercise of any other business or calling. SECT. ii. No person shall water any of the Waterin s carts - streets, lanes, alleys, courts, or public places in said city, by or with a watering cart, without first having obtained a license therefor from the mayor and aldermen. SECT. 12. No person shall post up any placard, Posting KIIS.&C. handbill, poster or notice upon any building, tree, St ' l873 ' c ' 349 ' tree-guard, box, fence or any other thing, without the consent of the owner, agent or occupant, nor Bulletin boards. shall any person erect and maintain bulletin-boards in any street, highway or public place in said city, without a license from the mayor and aldermen. SECT. 13. No person shall course, coast, or slide coasting, down, across, in, or along any of the streets or high- St>l875>c ' 136 ' ways of said city, upon any hand-sled board, or 2O6 ORDINANCES. otherwise, except in such places and under such restrictions as the mayor and aldermen shall desig- nate and require. Fencing, & c ., SECT, i A.. No person shall erect or cause to be adjoining streets, &c - erected any fence or building adjoining any street or public ground in said city, without having first ascertained the bounds of the same by application to the city engineer. obstructing side- SECT. 15. No person shall drive any horse, cart, st. j8 75 , c . i 3 6. or wheel carriage, or wheel, push, or draw any wheel-barrow or hand-cart, or other vehicle, or suffer or allow any ox, horse, cattle, cart, wheel carriage or wheel-barrow to be on the sidewalk of any street or highway of said city, except for the purpose of crossing as near as may be at right angles to such sidewalk, and in order to go into or out of some adjoining enclosure; provided that this section shall not apply to children's carriages drawn Driving over by hand ; nor shall any person drive any carriage or hose. other vehicle upon or over any hose pipe, or hose, in use at any fire, placed in any street or highway by order of the chief engineer or other officer of the fire department. Fast driving. SECT. 1 6. No person shall ride in any carriage St. 1865, c. 31. st. i86 7 , c. 20. or drive any horse or horses in any highway or ORDINANCES. 2O/ street in said city at a rate of speed exceeding eight miles per hour; nor in such manner as to endanger or unreasonably incommode passengers therein. SECT. 17. No person shall stop with any team or obstructing streets with carriage across any highway or street in said city in teams. such a manner as to hinder or obstruct the travel si. ISA c. 20. over said highway or street, nor at the side of or so near to another team as to obstruct public travel in any highway or street in said city. SECT. 18. No person shall stop with any team obstructing cross or carriage, or place any obstruction of any kind, st. i8 7S , c . i 3 6. ^ t- 1876> c> 20 upon any flag or stepping stones, or other footwalk, across any street or highway in said city. SECT. 19. No owner or person having the care Pasturing, & c ., animals. of any swine, sheep, goats, horses, mules, or neatG.s.,c.4 5) 10. cattle, shall permit or suffer the same to go at large, or to pasture in any street, sidewalk, highway, com- mon, square, or other public place, or remain upon any sidewalk within said city. SECT. 20. No person shall suffer any horse, ox, TO be fastened. mule, or team of any kind, owned by him or under St his charge, to remain standing without being securely tied or fastened, or to go at large without a rider or driver, in any street, highway, or public place in said city. 2O8 ORDINANCES. Not to be fasten- SECT. 21. No person shall tie or fasten any ed to lamp posts, &c. horse, ox, mule, or team of any kind, to any lamp post, or to any ornamental or shade tree, shrub, or vine, or to any fence or other thing erected for the protection of such tree, shrub, or vine, in any street, highway, or public place in said city. Fences, porticos, SECT. 22. No person shall erect, set up or main- G.s.,c.i 9 ,i 3 . tain any fence, portico, platform, or doorstep extend- 117 Mass., 114. ing into any highway, street, or sidewalk, in said city, and no person shall hoist any material from any street into a building adjoining the same so that said material while being hoisted shall over- hang any part of said street, after notice from the city marshal that the apparatus used for that pur- pose, or the manner of doing the same, is in his opinion unsafe until said party shall have obtained apparatus therefor, and until he shall do the same in a manner satisfactory to the city marshal. signs and awn- SECT< No person sna n establish or maintain ings. + f any wooden or metallic shade or awning, sign, sign- board, or inscription of any kind, before his or her place of business, or dwelling house in said city, over any part of said public street or sidewalk, unless the same be safely and securely supported, so as to in no wise incommode travellers, and so that the low- est part of said sign, sign-board, inscription or shade, ORDINANCES. shall be at least eight feet in height above the street or sidewalk ; and no person shall establish or main- tain over any part of any public street or sidewalk any other awning or shade, unless the lowest part of the same shall be at least seven feet above the said street or sidewalk, and unless the same shall be securely fastened to the building to which they may be affixed ; provided, however, the mayor and alder- men may order any sign, sign-board, awning or shade, which may project over any part of said street or sidewalk, to be removed at any time when they may so determine. SECT. 24. No person shall place or cause to be Merchandise. placed, or suspend or cause to be suspended, in front of any building, or place of business, on or over any sidewalk, highway, or street in said city, any goods, wares, merchandise, or any other thing, so that the same shall project or extend more than three feet over said street or sidewalk without permission of the mayor and aldermen ; or where the same shall unreasonably incommode travellers. SECT. 25. No person shall suffer his fire-wood, Fuel. coal, or other fuel, in any quantity, to remain unnec- essarily on any sidewalk, or in any street, lane, alley or public place in said city over night, or after twilight in the evening ; and in case it must of 19 210 ORDINANCES. necessity remain the said owner shall cause a sufficient light to be placed and kept over and near the same throughout the whole night. sawmg wood. SECT. 26. No person shall saw any wood or pile G. St., c. 45, 8. , -j n r 1-1 the same on any sidewalk of any street or highway of said city, and no person shall stand on any such sidewalk with his wood-saw or saw-horse to the hindrance or obstruction of travel over the same. cellar doors. SECT. 2j '. No person shall suffer a cellar door, or cellar doorway, from any sidewalk or street in said city, into any cellar or basement, to be kept open when not in immediate use ; nor when in immediate use, after the beginning of twilight, unless a good and sufficient light be constantly kept at the entrance of such door or doorway. cellars, &c, un- SECT. 28. No cellar, vault, cistern, or well shall covered. . st. i86 7) c. 241. be kept uncovered, in or near any street or public place in said city, unless the same be enclosed by a safe and sufficient fence, curb or guard. Games. SECT. 2 9. No person shall, within the limits of any street or highway in said city, play at any game of ball or foot ball, throw any snow-ball, stones or other hard substance, drive or roll a hoop, fly any kite, or engage in any other amusement, game or ORDINANCES. 211 exercise, interfering with the free, safe, and conven- ient use of such street or highway by any persons travelling or passing along the same ; nor shall any Gaming. person promote or encourage the fighting of birds or animals in any street, highway, or public place in said city. SECT. 30. No person shall swim or bathe, unless Bathing, properly clothed, in any of the waters within the city, so as to be exposed to the view of spectators from any building, highway, street, or railroad. SECT. 31. No person shall allow any sink water, sink water, & c . or other impure water, to run from the house, barn or lot occupied by him, or under his legal control, into any street or highway in said city. SECT. 32. No person shall allow any gate, or Gates, & c . door, belonging to premises owned or occupied St by him, or under his legal control, and adjoining any sidewalk, street, or highway in said city, to swing on, over, or into said sidewalk, street or highway. SECT. 33. No person shall wantonly mar, injure, injuring fences, &c. deface, or destroy any fence, guide-post, sign-board, awning, lamp post, lamp or lantern in any street, highway, or public place in said city; and no 212 ORDINANCES. Extinguishing person shall .light or extinguish any public lamp in any street or highway in said city, except by permission of the committee on lighting streets. Removing snow. SECT. 34. The tenant, occupant, and in case G. St., c. 45, 9- , , , , there shall be no tenant or occupant, the owner, agent, or person having care of any building or lot of land bordering on any highway, street, lane, court, square, or public place within said city where there is any footway or sidewalk duly established, shall cause all the snow to be removed from such footway or sidewalk, so far as the same shall abut on said building or lot of land. when to be re- SECT. ^ S- If the snow shall cease to fall on any moved. * G. st., C . 45, 9 . day before six o'clock in the forenoon it shall be removed as provided in section thirty-four before twelve o'clock noon of the same day, and if the snow shall cease to fall after six o'clock in the forenoon of any day and before four o'clock in the afternoon of the same day, it shall be removed as provided in said section within four hours after it ceases to fall ; and if the snow ceases to fall after six o'clock in the afternoon of any day and before twelve o'clock in the afternoon of said day, it shall be removed as pro- vided in said section before' ten o'clock in the forenoon of the day next succeeding ; and this section shall apply to snow which may have fallen ORDINANCES. 213 from any building abutting on said sidewalk or footway. SECT. 36. Whenever any sidewalk, or foot-way, i. . ,. , . 1 r G. St., c.45, 9- or any part thereof, mentioned in section thirty-tour, abutting on any building, or lot of land, shall be encumbered with ice, the occupant, or the owners, agent or person having charge of such building or lot, shall cause such sidewalk or footway to be made safe and convenient for travel, so far as it abuts upon said lot of land or building, by removing the ice therefrom, or by covering the same with sand or some other suitable substance. SECT. 37. The tenant, occupant, and in case R fs > snow and ice on. there shall be no tenant, the owner, agent, or person st. i86 3 , c . 6. having the care of any building adjoining any high- way, street, lane, court, square, or public place within said city, where the roof of said building slopes towards said highway, street, lane, court, square, or public place, shall cause all the snow and ice to be removed from such roof. If the snow shall fall or the ice form in the day -or night time, it shall be removed from such roof within twenty-four hours after the same shall have ceased falling or forming. SECT. 38. No person owning or having the con- Discharging wa - trol of a building upon land adjoining a street ter on sidewalks. 214 , ORDINANCES. through which a common sewer is laid shall suffer any water from the roof, gutters, conductors, or water spouts of such building to be discharged, or to flow over or upon any street or sidewalk. > Discharging SECT. 39. Every person owning or having the water on side- J r & walks. control of a building upon land adjoining a street through which a common sewer is laid shall cause all water from the roof, gutters, conductors, and water spouts of such building to be conducted by suitable pipes, properly laid, into the common sewer ; or shall cause the roof, gutters, conductors and water spouts of such building to be so constructed and arranged that no water shall or may be discharged or flow therefrom over or upon any street or sidewalk. Penalty. SECT. 40. Whoever is guilty of any violation of sections thirty-eight and thirty-nine, of this ordin- ance, shall forfeit and pay to the use of said city the sum of twenty dollars ; and shall further be liable for all damages sustained by the city or by any person injured, through the accumulation of ice upon any street or sidewalk, or otherwise, by reason of such violation. Behavior in streets, near SECT. 41. No person shall behave himself in a streets, near . . buildings, on rude and disorderly manner, or use any indecent, door-steps, &c. . i i profane, or insulting language m any street, high- ORDINANCES. 2 I 5 way, lane, alley, or other public place in said city or near any dwelling-house or other building therein; or be or remain upon any sidewalk, or upon any doorstep, portico, or other projection from any such house or other building, nor in any church, meeting- house, public hall, theatre, or entrance thereto, to the annoyance or disturbance of any person ; norj^j s teni shall any person, by any noise, gesture, or other means, wantonly and designedly frighten or drive any horse, in any street, highway, or other public place in said city. SECT. 42. Three or more persons shall not stand extracting fcot- , r walks. together, or near each other, in any street of said city, in such a manner as to obstruct a free passage for passengers therein or over any foot or sidewalk. SECT. 43. It shall be the duty of any constable, Dutiesofofficers - police officer, or watchman of said city to order any persons offending against the provisions of the pre- ceding section to move on, and, if said order is not forthwith obeyed, to arrest the persons so offending. SECT. 44. Whenever the word "street" or street, definition of. " streets " is mentioned in this chapter, it shall be understood as including alleys, lanes, courts, public squares, and public places ; and it shall also be un- derstood as including the sidewalks, unless otherwise expressed. 2l ORDINANCES. sidewalks, defini- SECT. 45. The sidewalks, within the meaning of tion of and record. this ordinance, shall be such parts of the highway, whether public or private, as are within the curb- stones thereof, in all places where curbstones are set; and also such parts of such highways as have been established as foot or sidewalks, in conformity to the then existing by-laws of the town of Worces- ter, or by ordinance or order of the city of Worces- ter, and also such parts of any street or highway as shall be established and determined as foot or side- walks, by the city council ; and such laying out and determination shall be recorded in the book of city records. CHAPTER XLVIII. SUPERINTENDENT OF PUBLIC BUILDINGS. See St. 1875, Ch - 2 3 2 - superintendent SECT, i . The superintendent of public buildings, of public build- ings to give a before entering upon the duties of his office, shall bond. give a bond, with sureties, to be approved by the mayor and aldermen, that he will not, directly or indirectly for himself or others, or by others in trust for him, or on his account, have any interest or con- cern in any contract or agreement for the erection, alteration or repair of any building belonging to the city, or in any purchase, sale, or lease made by the city under and by virtue of this ordinance. ORDINANCES. 217 SECT. 2. He shall, under the direction of the Duties, committee on public buildings, have the care and superintendence of the school-houses and all other buildings belonging to the city, except when other provisions are made by the ordinances of the city, and shall keep himself acquainted with their con- dition. He shall employ competent mechanics, and shall himself superintend all repairs that may be ordered on said buildings or fixtures thereof; and in general he shall render such services as may be required of him, in relation to such buildings, by the city council, or any committee or board appointed by the city council. He shall prepare for meetings the rooms designated for ward rooms, and shall have them cleaned and put in good order after any meeting therein. * SECT. 3. The superintendent of public buildings Tobeclerkof committee, keep shall be clerk of the committee on public buildings. arecordandre - port. He shall keep an accurate record of all buildings and appurtenances thereto belonging, owned by the city, and, in the month of January, in each year, shall present to the city council a report in relation to the same, showing their condition, and the nature in detail and amount of expenditures that shall have been made in relation thereto, for the year ending with the last day of the November preceding. 2l8 ORDINANCES. TO keep a C - SECT. 4. Whenever the superintendent of public counts. buildings shall sell any articles or materials belong- ing to the city, or shall do, or cause to be done, any work for any person or corporation, from which money shall become due to the city, he shall enter in books to be kept for that purpose, all such sales and work done, with the price thereof, and shall forthwith make out bills for the same and deliver them to the city auditor. TO be inspector SECT. 5 The superintendent of public buildings of buildings, and duties as such, shall also be inspector of buildings as provided in chapter forty-seven of the Statutes of 1878, and shall perform all the duties prescribed for inspector of buildings in said Statute or any Statute which may be passed in amendment thereof. It shall be his duty to inspect all buildings more than two stories in height which may hereafter be erected in said city, and if in his opinion any building in said city used for public assemblies, for hotels, for lodging houses for the accommodation of more than twenty lodgers, or for manufacturing or work shops is not provided with proper facilities for escape in case of fire he shall immediately serve notice upon the owner, agent or other party having an interest in said building requiring such facilities to be provided without delay ; and if the owner or person having charge of said building fails to furnish said facilities ORDINANCES. 1 1 9 for fourteen, days after service of said notice upon him, he shall forfeit a sum of not exceeding one hundred dollars. CHAPTER XLIX. TREASURER. See Charter, 19. SECT. i. The treasurer of the city of Worcester Treasurer to be shall be collector of taxes. He shall be sworn to Tot* .worn and the faithful performance of his duties as treasurer and collector, and give a bond to said city, with sufficient sureties, to the satisfaction of the mayor and aldermen, in such sum as they may prescribe, that he will faithfully perform the duties of his office, and justly and truly account for and pay over all moneys in his hands belonging to said city. SECT. 2. The treasurer shall, under the direction To k eep accounts ... . - * and report. of the committee on finance, keep an accurate ac- count of all his receipts and payments for and on behalf of the city, making the same to conform, as nearly as may be, with the accounts kept by the auditor. He shall, on the first Monday of January, annually, make a report to the city council of all such receipts and payments for the past financial Financial year. year ; and said financial year shall begin on the 22O ORDINANCES. first day of December, and end on the thirtieth day of November in each year. Dudes of. SECT. 3. The treasurer shall have the custody of all bonds given to said city by any or all officers thereof, except his own, which shall be kept by the auditor. He shall cause all books, papers and doc- uments under his care belonging to said city to be deposited and kept in a fire-proof vault or safe belonging to said city, and shall deliver to his suc- cessor all books, papers, documents and property belonging to said office. He shall make up his annual account to the end of the financial year, and render such service, and furnish such information respecting the accounts and finances of said city, as either branch of the city council, or any committee office honn. thereof, may from time to time require. His office shall be kept open for business during such hours of the day as the mayor and aldermen may determine. TO negotiate SECT. 4. He shall, under the direction of the committee on finance, negotiate all loans that may be authorized by the city council ; and whenever any loan shall have been so authorized, and certifi- cates of indebtedness ordered given therefor, said certificates shall be signed by the mayor, the treas- urer, and the auditor, and shall be registered in the offices of said treasurer and auditor. ORDINANCES. 221 SECT. 5. It shall be the duty of the treasurer to collection of . rents, &c. collect and receive all rents or assessments which may be due said city, and all accounts and other , demands against persons indebted to said city ; and the receipt of the treasurer shall be deemed the only sufficient and valid discharge of debts due to said city; provided, however, that the superintendent of the almshouse, under the direction of the over- seers of the poor, may receive payment for articles sold from the poor farm, and shall account therefor with said overseers, and said articles shall be partic- ularly stated in the account rendered by said over- seers of the poor to the city council ; provided, also, that the commissioner of highways may receive payments for articles sold by him, when the amount of such sale shall not exceed ten dollars, and may give receipts therefor ; and the city marshal may receive payments for any extra police service author- ized by the mayor and aldermen, and his receipt therefor shall be valid. SECT. 6. The collector, after receiving from the Taxes - assessors their tax list, shall, on or before the fifteenth day of September, in each year, proceed to collect the same as follows : To all persons who Discount. shall voluntarily pay their taxes on or before the tenth day of October next succeeding he shall allow a discount or abatement of six per centum, 222 ORDINANCES. after which time no discount shall be made or allowed. On the fifteenth day of October, or as soon as practicable thereafter, he shall issue his costs. summonses to those whose taxes are then unpaid, and in case said taxes be not paid on or before the s Mien, 563. thirty-first day of said month, together with twenty cents for each summons, he shall then proceed to collect the same according to law ; and he shall give notice by advertising and posting so much of this chapter as relates to the payment of taxes. CHAPTER L. TRUANT CHILDREN. See St., 1873, c - 262. Truants defined. SECT. i. Any child between the ages of seven and fifteen years, who is an habitual truant, or is found wandering about in the streets or public places of the city of Worcester, having no law- ful occupation or business, not attending school, and growing up in ignorance, shall, upon con- viction thereof, be committed to the truant school in said city, for a term not exceeding two years. Truant officers. SECT. 2. Truant officers, duly appointed, are ORDINANCES. 223 authorized and empowered to take into custody any such child and place him in the school to which he shall have been assigned by authority of the school committee of said city of Wor- cester. SECT. 3. A truant school is hereby established Truant school. at the almshouse in said city, and assigned and provided as the place of confinement, discipline and instruction of all persons committed thereto according to law. WORCESTER, DEC. 6, 1880. This ordinance is approved by me. ADIN THAYER, Judge of Probate Court. CHAPTER LI. UNDERTAKERS. SECT. i. It shall be the duty of funeral under- undertakers, duties of. takers themselves, or by their agents, who shall be persons of discreet and sober character, to attend, manage and conduct all funerals in the city of Worcester, and to attend to the removal of the bodies of deceased persons. 224 ORDINANCES. TO obtain ccr- SECT. 2. No funeral undertaker shall bury, or tificates. cause to be buried, the body of any deceased per- son, without having first obtained a certificate, as provided in chapter one hundred and seventy-four Bodies not to be O f the Acts of the year 1878. No person shall bury buried without permission of O r inter, or cause to be buried or interred, the body undertakers. of any deceased person, in any of the public burial places of the city, without having first obtained permission from one of the funeral undertakers; and it is hereby made their duty to grant the same ; but said permission shall not be granted till a certifi- cate has been obtained therefor as aforesaid. Removal of SECT. 3. No remains of any deceased person bodies. > shall be removed from any grave or tomb in the city without the permission of one of the funeral undertakers, which permission it shall be their duty to grant to the nearest relatives or friends of the deceased ; provided, no sufficiejit cause shall appear for refusing such assent, and it shall be the duty of the undertaker to attend himself to all such remov- als, and to enter in his book of records all the particulars attending such removal. ORDINANCES. 225 CHAPTER LII. WARRANTS FOR WARD MEETINGS. SECT. i. The form of warrants for calling meet- Form of warrant for ward meet- ings of the citizens of the several wards shall be asngs. follows : CITY OF WORCESTER. To either of the constables of the city of Worces- ter, Greeting: In the name of the commonwealth of Massachu- setts, you are hereby required forthwith to notify and warn the inhabitants of ward No. quali- fied to vote to meet in on the day of at o'clock in the noon, then and there to . The polls shall be opened at o'clock, . M., and shall be closed at o'clock, . M. Registration will cease at o'clock, . M., on , and after the close of such registration no name will be entered on the check-list except as provided by . And you are directed to serve this warrant by posting up an attested copy thereof at the place ap- pointed for ward meetings in said ward ten days at least before the time of said meeting. Hereof fail not, and make due return of this war- rant and of your doings thereon to the clerk of said 226 ORDINANCES. ward four days at least before the time of meeting as aforesaid. Witness mayor of the city of Worcester, this day of in the year of our Lord one thousand eight hundred and . By order of the mayor and aldermen. -City Clerk. service and SECT. 2. Service of a. warrant, for calling a meet- return. ing of the citizens of a ward, issued by the mayor and aldermen, shall be made by a constable of the city, by posting up an attested copy of such warrant at the place appointed for ward meetings in said ward, ten days at least before the time of said meet- ing ; and such warrant shall be returned to the clerk of said ward four days at least before the time of meeting. warrant for SECT. 3. The form of warrants for calling meet- meeting of inhabitants. ings of the inhabitants of the city of Worcester shall be as follows : CITY OF WORCESTER. To either of the constables of the city of Worces- ter, Greeting: In the name of the Commonwealth of Massachu- setts, you are required forthwith to notify and warn the inhabitants of the city of Worcester, qualified to vote to meet in on the ORDINANCES. , 227 day of at o'clock in the noon, then and there to . The polls shall be opened at o'clock . M., and shall be closed at o'clock . M. Registration will cease at o'clock . M., on , and after the close of such registration no name will be entered on the check-list except as provided by . And you are directed to serve this warrant by posting up an attested copy thereof at the place appointed for ward meetings in each ward in the said city, ten days at least before the time of said meeting. Hereof fail not, and make due return of this warrant and of your doings thereon to the city clerk four days at least before the time of meeting as aforesaid. Witness mayor of the city of Worcester, this day of in the year of our Lord, one thousand eight hundred and . By order of the mayor and aldermen. City Clerk. SECT. 4. Service of a warrant for calling a meet- Serviceand return. ing of the inhabitants of the city, issued by the mayor and aldermen, shall be made by any constable of the city, by posting up an attested copy of such warrant at the place appointed for ward meet- 228 ORDINANCES. ings in each ward of the city, ten days at least before the time of said meeting; and each warrant shall be returned to the city clerk four days at least before the time of meeting. opening and SECT. =;. It shall be the duty of the mayor and closing polls. aldermen to fix the time when the polls shall close as well as the time for opening thereof, in the election of all officers, and to insert the same in the warrant calling the meeting for such elections. CHAPTER LIII. WATER COMMITTEE, COMMISSIONER AND REGISTRAR. See'Charter, 36. Statutes printed on pages. 40 to 67. St. 1875, c - IO S- water commit- SECT. i. The committee on water shall have the tee, duties. general charge and supervision of the city water works and of all the property of the city pertaining thereto, and shall exercise a general supervision and control over all the business of the water department, and over all its officers and agents. They shall, at least once every six months, and as much oftener as they shall deem expedient, personally examine and inspect all aqueducts, reservoirs, dams, shops and premises belonging to the department. They shall have charge of the making of all contracts, and of the ORDINANCES. purchase of all materials and supplies, which may be required in carrying on the operations of said department. They shall examine and approve all bills for expenditures in said department, before they shall be allowed by the auditor. SECT. 2. Said committee shall, on or before the Tore P rt - twentieth day of December, in each year, present to the city council a report containing a statement of the condition of all the water works of the city, and of the lands and other property connected therewith, with an account in gross of all receipts and expendi- tures, together with any suggestions and information which they may deem important, and, at the same time, they shall transmit to the city council the reports of the water commissioner, the water regis- trar, and the city engineer relating to the water works. SECT. 3. The water registrar shall act as clerk of water registrar, duties of. the committee on water at their meetings ; he shall assess the water rates according to the tariff estab- lished by the city council ; and he shall keep such books and records, make such reports and perform such other service as said committee may desire. SECT. 4. The water registrar, under the direction May abate water of the committee on water, may make abatements in the water rates in all proper cases. 230 ORDINANCES. water commis- SECT. 5. The water commissioner, under the sioner, duties of direction of the committee on water, shall have charge and care of the repair shop and pipe yard, tools and materials belonging to the department, and all main pipes, hydrants, gates, fountains, watering troughs and reservoirs belonging to the works. He shall exercise a constant supervision over the use of water, and attend to the enforcement of all regula- tions thereto. He shall keep an account of all tools, pipes, materials and other property in the shop and yard, and shall immediately repair all leaks or breaks, from any cause, in any main pipe, hydrant, gate, fountain, or watering trough, or service attached to the works ; and when in the performance of these repairs it becomes necessary to shut off the water from any pipe, he shall duly notify all takers thus to be deprived of water, except in a case of emergency ; shall put in such service pipes, lay such main and other pipes, and set such meters as may from time to time be directed by the committee on water ; shall repair all injuries to any street, sidewalk, sewer or other public property caused by the water works, and may employ such assistants and laborers as may be approved by the committee ; he shall be vigilant and watchful in protecting the works from all nuisance and injuries, and keep them in complete and free working order at all times ; and he shall give immediate notice at the office of the water ORDINANCES. 23! registrar of any accidents which may occur to any main or other pipe. In making repairs and laying pipes in any street, whenever said street is rendered dangerous by the obstructions thus caused, he shall cause the place to be suitably fenced, lighted and guarded. He shall neither purchase nor sell any materials in his department, except with the consent of or by an order from the committee on water; he shall keep a daily record of the height of the water in the reservoirs of the city ; he shall make returns once a week of all labor done and materials used during the previous week ; and, annually, on or before the twentieth of December, report to the committee on water the daily height of the water in the reservoir, the amount of pipe laid, giving the name of the street, the length, the number of gates and hydrants in each, the number and nature of leaks repaired, the number of services put in and meters set, and a full and complete inventory of all tools and materials in his charge, with their appraised value. SECT. 6. The annual reports named in the pre- Reports, ceding sections shall be made up to and include the thirtieth day of the preceding November. SECT. 7. No person shall permit or allow any waste. Illegal use. waste of water, and no person shall supply st. i8 75 ,c. IOS . 232 ORDINANCES. another with water who is not entitled to use the same. Repairs, etc. SECT. 8. No person or party except an officer or St. 1877, c, 105. * agent authorized by the committee on water, shall at any time remove or repair any meter, or fixtures connected therewith, which has been set or used by the department. increasing use. SECT. o. No new fixtures shall be put in, or St. 1875. c. 105. alterations made in old ones, by which the con- sumption of water is increased, without the consent Duties of piumb- o f the committee on water. Ail plumbers doing business in the city shall, on the first of every month, make full returns to the water registrar, of the character and description of all work done by them, connected with the water works, during the month preceding. Any failure to report when requested, or any intentional concealment of work done, shall subject the offender to a fine of twenty dollars for each offence. Tapping mains, SECT. io. No person shall tap any street main, st.' i8 75> c . io 5 . service or other distributing pipe, without authority so to do from the committee on water. opening and ob- SECT. ii. No person, except B. fireman in the structing hy- drant,& c . legitimate discharge of his duties as a fireman of the St. 1875, c. 105. city "of Worcester, shall open any hydrant, gate or ORDINANCES. 23$ service stop, without the consent of the committee on water, and no person shall place any building material or other article or rubbish of any kind, so as to hinder the free access to and use of any hydrant, stop cock, gate or other fixture. CHAPTER LIV. GENERAL PROVISIONS. SECT. i. When no other provision is made by Licenses, how virtue of this ordinance, or any law of the common- wealth, the mayor and aldermen may grant all licenses, not otherwise herein provided for, upon such terms and under such restrictions as they may prescribe, and revoke the same at pleasure. SECT. 2. When no other provision is made by Rates of fare r i f and fees> virtue of this ordinance, or any law of the common- wealth, the mayor and aldermen may establish the rates of fare and the fees to be charged by any and all persons licensed by said mayor and aldermen for any service they may perform by virtue of such license ; and said mayor and aldermen may revise, change, alter, or amend said rates of fare or fees at any time when the same may be required. 234 ORDINANCES. Licenses, HOW SECT. 3. All licenses granted by the city council, issued. or either branch thereof, shall be issued by the city clerk, bear the city seal, and be signed by the mayor or by such other city officer as the mayor and alder- men may direct. Licenses by oft- SECT. 4. Whenever in this, or in any ordinance hereafter passed, anything is prohibited to be done without the permission or license of any officer, officers or board, such officer, officers or board shall have the power to permit or license such thing to be done. Assessments. SECT. 5. When no other provision is made by virtue of this ordinance, or any law of the common- wealth, the mayor and aldermen shall levy and ap- portion any and all assessments ordered to be levied by the city council, or either branch thereof. oaths of office SECT. 6. Every city officer of the city of Worces- and bonds. ter, before entering upon the discharge of the duties of his office, shall be sworn to the faithful perform- ance thereof, and shall give such bonds as the mayor and aldermen may from time to time require, officers and office SECT. 7. The several officers of the city of Wor- hours. cester shall occupy such apartments in the city hall building or elsewhere as the mayor and aldermen may designate, and their office hours shall be fixed by the mayor and aldermen. ORDINANCES. 235 SECT. 8. When any ordinance repealing a former Repeal of are- pealing ordi- ordinance, clause or provision, shall be itself repealed, nance, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be therein so expressly provided. S.ECT. 9. Whoever violates any law or ordinance violation of ordinance. of the city of Worcester shall, unless where different charter, 35 . provision is made by such law or ordinance, or by the laws of the commonwealth, forfeit and pay to the use of said city a sum not exceeding twenty dollars. SECT. 10. All by-laws and ordinances heretofore Re P eal - passed by the city council of the city of Worcester, are hereby repealed, except an ordinance relating to the boundaries of the several wards' of the city passed November 16, 1875, but such repeal shall not affect any act done, any right accrued, accruing or established, the tenure of office of any person holding office at the time it takes effect, or any for- feiture or penalty heretofore incurred. SECT. ii. All future ordinances shall be pro mul- Promulgation. gated by at least two insertions in some newspaper published in the city of Worcester, to be designated by the mayor and aldermen, and shall take effect immediately upon such promulgation unless other- wise therein prescribed. ORDINANCES. SECT. 12. All the foregoing ordinances having been codified, revised and printed under the direc- tion of a joint special committee on the revision of the ordinances, and having also been revised by the city council, are hereby declared to be the ordinan- ces of the city of Worcester, and shall have the force thereof, and shall take effect on the thirtieth day of December, in the year one thousand eight hundred and eighty, and all the ordinances repealed by this chapter shall remain in force till that time, IN COMMON COUNCIL, } Dec. 6, 1880. ) Passed to be ordained under a suspension of the rules. OLIVER P. SHATTUCK, President. IN BOARD OF ALDERMEN, \ Dec. 6, 1880. ) Passed to be ordained by general consent. FRANK H. KELLEY, Mayor. Approved December 6, 1880. FRANK H. KELLEY, Mayor. ORDINANCES. 237 CHAPTER LV. WARDS. Be it ordained, &c., as follows : SECT. i. The present division of the city of Worcester into Wards is hereby revised, and a new division thereof into eight Wards is hereby made, in accordance with section 3 of the charter of the City of Worcester, approved April 3Oth, A. D. 1866, and the general laws of the Commonwealth of Massachu- setts ; the said Wards shall hereafter be known and constituted as follows, viz : WARD NO. ONE. Beginning at the centre of Main Street at a point Boundary o Ward One. opposite the centre of Walnut Street ; thence to and by the centre of Walnut Street to Chestnut Street ; thence to and by the centre of Chestnut Street to a point opposite the centre of William Street ; thence to and by the centre of William Street and in a direct line crossing West Street to the centre of Agricultural Street ; thence in a direct line to the junction of Cataract Street with the boundary line between Worcester and Holden ; thence by the boundary line between Worcester and Holden to the main track of the Boston, Barre and Gardner 2 38 ORDINANCES. Railroad ; thence by the main track of the Boston, Barre and Gardner Railroad to its intersection with the main track of the Worcester and Nashua Rail- road at Barber's Crossing; thence by the main track of the Worcester and Nashua Railroad to a point opposite the centre of Lincoln Square ; thence to and by the centre of Lincoln Square to the centre of Main Street ; thence by the centre of Main Street to the point of beginning, and contains 1342 voters. WARD NO. TWO. Boundary of Beginning at the centre of Main Street at a point Ward Two. opposite the centre of Exchange Street ; thence by the centre of Main Street and Lincoln Square to the main track of the Worcester and Nashua Rail- road ; thence by the main track of the Worcester and Nashua Railroad to its intersection with the main track of the Boston, Barre and Gardner Rail- road at Barber's Crossing ; thence by the main track of the Boston, Barre and Gardner Railroad to the boundary line between Worcester and Holden ; thence by the boundary line between Worcester and Holden and Worcester and West Boylston to the north-east corner of the city; thence by the bound- ary line between Worcester and West Boylston and Worcester and Shrewsbury to a stone monument set in the ground at the northerly end of Quinsiga- ORDINANCES. 239 mond Pond, and at an angle in said boundary line ; thence by the boundary line between Worcester and Shrewsbury to Belmont Street ; thence to and by the centre of Belmont Street to a point opposite the centre of Shrewsbury Street; thence to and by the centre of Shrewsbury Street to a point opposite the centre of East Central Street ; thence to and by the centre of East Central Street to Summer Street ; thence to and by the centre of Summer Street to a point opposite the centre of Exchange Street; thence to and by the centre of Exchange Street to the point of beginning, and contains 1315 voters. WARD NO. THREE. Beginning at the centre of Main Street at a point Boundary of opposite the centre of Exchange Street ; thence to and by the centre of Exchange Street to Summer Street; thence to and by the centre of Summer Street to a point opposite the centre of East Central Street ; thence to and by the centre of East Central Street to Shrewsbury Street; thence to and by the centre of Shrewsbury Street to Belmont Street; thence to and by the centre of Belmont Street to the boundary line between Worcester and Shrewsbury ; thence by the boundary line between Worcester and Shrewsbury, Worcester and Grafton and Worcester and Millbury to the centre of Grafton Street ; thence 240 ORDINANCES. by the centre of Grafton Street to the main track of the Boston and Albany Railroad ; thence by the main track of the Boston and Albany Railroad to Green Street ; thence to and by the centre of Green Street and Trumbull Square to Park Street ; thence to and by the centre of Park Street to Main Street; thence to and by the centre of Main Street to the point of beginning, and contains 1359 voters. WARD NO. FOUR. Boundary of Beginning at the centre of Green Street at the Ward Four. point where it intersects with the main track of the Boston and Albany Railroad ; thence by the track of the Boston and Albany Railroad to Grafton Street; thence to and by the centre of Grafton Street to the boundary line between Worcester and Millbury; thence by the boundary line between Worcester and Millbury to the centre of Granite Street ; thence by the centre of Granite Street to its junction with Winthrop Street; thence to and by the centre of Winthrop Street to Vernon Street; thence to and by the centre of Vernon Street to a point opposite the centre of Endicott Street ; thence to and by the centre of Endicott Street to Millbury Street ; thence to and by the centre of Millbury Street to Green Street ; thence to and by the centre of Green Street to the point of beginning, and contains 1368 voters. ORDINANCES. 24! WARD NO. FIVE. Beginning: at the centre of Green Street at theBoundaryof t m Ward Five. point where it intersects with the main track of the Boston and Albany Railroad ; thence by the centre of Green Street to Millbury Street; thence to and by the centre of Millbury Street to a point opposite the centre of Endicott Street ; thence to and by the centre of Endicott Street to Vernon Street ; thence to and by the centre of Vernon Street to a point opposite the centre of Winthrop Street ; thence to and by the centre of Winthrop Street to Granite Street; thence to and by the centre of Granite Street to the boundary line between Worcester and ', Millbury; thence by the boundary line between Worcester and Millbury, and Worcester and Auburn to the main track of the Norwich and Worcester Railroad ; thence by the main track of the Norwich and Worcester Railroad to the main track of the Boston and Albany Railroad near the Junction De- pot; thence by the main track of the Boston and Albany Railroad to Southbridge Street ; thence to and by the centre of Southbridge Street to a point opposite the centre of Madison Street; thence to and by the centre of Madison Street to a point op- posite the centre of Portland Street; thence to and by the centre of Portland Street to Park Street ; thence to and by the centre of Park Street and 23 242 ORDINANCES. Trumbull Square to Green Street ; thence to and by the centre of Green Street to the place of begin- ning, and contains 1374 voters. WARD NO. six. Boundary of Beginning at the centre of Main Street at a point Ward Six. . - _ _ , _ , , opposite the centre of Park Street ; thence to and by the centre of Park Street to a point opposite the centre of Portland Street ; thence to and by the centre of Portland Street to Madison Street ; thence to and by the centre of Madison Street to where it intersects with Southbridge Street ; thence to and by the centre of Southbridge Street to the main track of the Boston and Albany Railroad ; thence by the main track of the Boston and Albany Rail- road to the main track of the Norwich and Worces- ter Railroad near the Junction Depot; thence by the main track of the Norwich and Worcester Rail- road to the boundary line between Worcester and Auburn ; thence by the boundary line between Wor- cesterjand Auburn to the boundary line between Worcester and Leicester ; thence by the boundary line between Worcester and Leicester to the centre of Leicester Street ; thence to and by the centre of Leicester Street to Main Street ; thence to and by the centre of Main Street to the point of beginning, and contains 1396 voters. ORDINANCES. 243 WARD NO. SEVEN. Beginning at the centre of Main Street at a point Boundary of Ward Seven. opposite the centre of Chatham Street ; thence to and by the centre of Main Street to Leicester Street ; thence to and by the centre of Leicester Street to the boundary line between Worcester and Leicester ; thence by the boundary line between Worcester and Leicester to Fowler Street ; thence easterly in a direct line to a point where Chandler Street inter- sects with June Street ; thence to and by the centre of Chandler Street to a point opposite the centre of Newbury Street ; thence to and by the centre of Newbury Street to a point opposite the centre of Chatham Street ; thence to and by the centre of Chatham Street to Main Street ; thence in a direct line to the point of beginning, and contains 1346 voters. WARD NO. EIGHT. Beginning at the centre of Main Street at a point Boundary of /-i r> Ward Eight. opposite the centre of Chatham Street ; thence to and by the centre of Chatham Street to Newbury Street; thence to and by the centre of Newbury Street to Chandler Street ; thence to and by the centre of Chandler Street to a point opposite the centre of June Street; thence westerly in a direct line to Fowler Street at its junction with the boun- dary line between Worcester and Leicester ; thence 244 ORDINANCES. by the boundary line between Worcester and Leicester to the northwest corner of the City; thence by the boundary line between Worcester and Paxton and Worcester and Holden to its junction with Cataract Street; thence in a direct line to a point on the east side of Agricultural Street at the southwest corner of the grounds of the Agricultural Society ; thence in a direct line to William Street ; thence to and by the centre of William Street to Chestnut Street ; thence to and by the centre of Chestnut Street to Walnut Street; thence to and by the centre of Walnut Street to Main Street; thence to and by the centre of Main Street to the point of beginning, and contains 1353 voters. Repeal. SECT. 2. All ordinances or parts of ordinances inconsistent herewith, are hereby repealed. when to take SECT. 3. This ordinance shall take effect on and after the first day of December, A. D. one thousand eight hundred and seventy-five. PASSED Nov. 16, 1875. effect. ORDER. Resolved, That the legal centre of the city * of city. be the point formed by the intersection of the south line of Front street and the east line of Main street ; and that all circles, of whatever radius, used for denoting distance from the central portion of the city shall have a common centre at said point. And it is further ordered, That all orders which in any way refer to a mile circle of any other radius used for denoting distance as above described, shall be so amended that the circle intended shall be, in each case, a circle of the given radius having the said point for a centre. ADOPTED MAY 20, 1872. STATUTES ADOPTED. The following Statutes were adopted in the Ordinances passed April 1 6, 1867. Relating to the election of city officers, General Statutes, c. 19, sections 6 to 10, inclusive. Relating to the holding of other offices by the Mayor and Aldermen, General Stat- utes, c. 19, section 12. Relating to laying out and grading sidewalks, General Statutes, c. 45, sections 7 and 8. Relating to shade trees, General Statutes c. 46, section 9. Relating to sewers and drains, General Statutes c. 48, sections 3 to 6, inclusive. Sec- tion 3 was repealed by St. 1869, c. 111. (See St. 1878, c. 184, 232. St. 1879, c. 85.) Relating to weighing hay and other articles, General Statutes c. 49, sections 72 to 75, inclusive. Relating to nuisances, General Statutes c. 87, sections 1 to 5, inclusive. Relating to steam engines, furnaces and boilers, General Statutes c. 88, sections 33 to 40, inclusive. Relating to stationary engines, St. of 1862, c. 74. Relating to the sealing of weights and measures, St. 1863, c. 179. See St. 1876, c. 123. St. 1877, c. 151. Since then the following Statutes have been adopted: Relating to the fire department. St. 1868, c. 195; accepted Sept. 28, 1868. Relating to sidewalks. St. 1869, c. 390; accepted Sept. 20, 1869. An act for the prevention of fires. St. 1872, c. 243 ; accepted Nov. 8, 1880. An act to establish a board of health. St. 1877, c. 133 ; accepted by the inhabitants, Nov. 6, 1877. Relating to inspectors of elections. St. 1877, c. 209; accepted Oct. 15, 1877. Relating to the inspection of buildings. St. 1878, c. 47 ; accepted Nov. 22, 1880. Relating to the apportionment of sewer and sidewalk assessments. St. 1878, c. 249 ; accepted Nov. 8. 1880. FROM 1848 TO 1880. 248 CITY COUNCIL. 1848. Mayor. LEVI LINCOLN. Aldermen. Ward 1. PARLEY GODDARD, 2. BENJAMIN F. THOMAS, 3. JOHN W. LINCOLN, 4. JAMES S. WOODWORTH, 5. WILLIAM B. Fox, 6. JAMES ESTABROOK, 7. ISAAC DAVIS, 8. STEPHEN SALISBURY City Clerk. CHARLES A. HAMILTON. Common Council. Ward 1. FREEMAN UPHAM, JOHN SUTTON, SAMUEL B. SCOTT. 2. HORACE CHENERY, EDWARD LAMB, CALVIN BRIGHAM. 3. BENJAMIN F. HEYWOOD, CHARLES BOWEN, JOHN GATES. 4. ALVIN ALLEN. DARIUS RICE, STEPHEN BARTLETT. 5. ISAAC GODDARD, JOSIAH G. PERRY, BENJAMIN F. STOWELL. 6. EDWIN DRAPER, ADOLPHUS MORSE, NATHANIEL BROOKS. 7. ALEXANDER H. BULLOCK, ALBERT CURTIS, DANIEL GODDARD. 8. WILLIAM T. MERRIFIELD, CALVIN FOSTER, THOS. CHAMBERLAIN, Preset. WILLIAM A. SMITH, Clerk. 1849. Mayor. HENRY CHAPIN. Aldermen. Ward 1. WILLIAM A. WHEELER, 2. WARREN LAZELL, 3. WILLIAM A. DRAPER, 4. CHARLES G. PRENTICE, 5. AUSTIN G. FITCH, 6. CHARLES WHITE, 7. PETER C. BACON, 8. BENJAMIN FLAGG. City Clerk. CHARLES A. HAMILTON. Common Council. Ward 1. FREEMAN UPHAM, LUTHER WHITE, NATHAN MUZZY. 2. JOHN H. BROOKS, THOMAS H. RICE, CHARLES WASHBURN. 3. WILLIAM DICKINSON, L. W. STURTEVANT, DANIEL HARRINGTON. 4. ALVIN ALLEN, DARIUS RICE, JOSEPH PRATT. 5. BENJAMIN GODDARD, 2o, ISAAC GODDARD, DAVID WOODWARD. 6. ADOLPHUS MORSE, EDWIN DRAPER, JOHN F. GLEASON. 7. ALEXANDER DEWITT, ERASTUS TUCKER, JAMES M. FITCH. 8. ALBERT TOLMAN, WILLIAM G. MOORE, JONAS M. MILES, Pres't. WILLIAM A. SMITH, Clerk. CITY COUNCIL. 249 1850. Mayor. HENRY CHAPIN. Aldermen. Ward 1. GEORGE W. RUSSELL, 2. WARREN LAZELL, 3. WILLIAM DICKINSON, 4. JOSEPH PRATT, 5. DAVID WOODWARD, 6. CHARLES WHITE, 7. ANTHONY CHASE, 8. JONAS M. MILES. City Clerk. CHARLES A. HAMILTON. Common Coiincil. Ward 1. NATHAN MUZZY, JOSEPH LEWIS, FREEMAN UPHAM.* 2. CHARLES WASHBURN, Preset. LEE SPRAGUE, JOHN H. BROOKS. '. 3. DANIEL HARRINGTON, L. W. STURTEVANT.t HENRY PRENTICE. 4. CALVIN NEWTON, JOHN P. SOUTHGATE, CALVIN L. PROUTY. 5. HENRY J. ROWLAND, WILLIAM H. HARRIS, DANIEL S. BURGESS. 6. ADOLPHUS MORSE, JOHN F. GLEASON, JOSEPH D. BRIGHAM. 7. ERASTUS TUCKER, BENJAMIN GODDARD, 3D, ALBERT BROWN. 8. ALBERT TOLMAN, HENRY H. CHAMBERLAIN, WILLIAM WORKMAN. J WILLIAM A. SMITH, Clerk. 1851. Mayor. PETER C. BACON. Aldermen. Ward 1. GEORGE W. RUSSELL, 2. ICHABOD WASHBURN, 3. DANIEL HARRINGTON, 4. JOSEPH PRATT, 5. DAVID WOODWARD, 6. ADOLPHUS MORSE,* 7. JOHN M. EARLE, 8. JONAS M. MILES. City Clerk. CHARLES A. HAMILTON. Common Council. Ward 1. NATHAN MUZZY, JOSEPH LEWIS, ALEXANDER THAYER. 2. CHARLES WASHBURN, Preset. LEE SPRAGUE, BENJAMIN B. OTIS. 3. ADAM DAWSON, WILLIAM B. MAXWELL, GILL VALENTINE. 4. CALVIN NEWTON, JOHN P. SOUTHGATE, JOHN F. BURBANK. 5. DANIEL S. BURGESS, HENRY S. WASHBURN, BRIGHAM Goss. 6. JOHN F. GLEASON, JOSEPH D. BRIGHAM, PEREGRINE B. GILBERT. 7. ERASTUS TUCKER, NATHAN AINSWORTH, SAMUEL H. COLTON. . 8. ALBERT TOLMAN, HENRY H. CHAMBERLAIN, JONAS HARTSHORN. WILLIAM A. SMITH, Clerk. * Declined, G. W. Wilder elected, t Declined, Franklin Hall elected. J Declined, Thomas Drew elected. * Resigned, Charles White elected. 250 CITY COUNCIL. 1852. Mayor. PETER C. BACON. Aldermen, Ward 1. FREEMAN UPHAM, 2. EDWARD LAMB. 3. HENRY PRENTICE, 4. CALVIN NEWTON, 5. DAVID WOODWARD, 6. JOHN F. GLEASON, 7. ISAAC DAVIS, 8. WM. DICKINSON.* City Clerk. CHARLES A. HAMILTON. Common Council. Ward 1. ALEXANDER THAYER, HENRY EARLE, SAMUEL A. PORTER. 2. GEORGE W. RUGG, JOHN B. PRATT, CHARLES DAvis.t 3. GILL VALENTINE, CHARLES BOWEN, GERRY VALENTINE. 4. JOHN F. BURBANK, Pres't. SAMUEL D. HARDING, MOSES SPOONER. 5. DAVID D. STOWELL, HENRY MURRAY, BRIGHAM Goss. \ 6. JAMES H. WALL, MARSHALL S. BALLORD, LEVI BARKER. 7. TIMOTHY S. STONE, SAMUEL H. COLTON, DAVID W. COOKE. 8. WILLIAM M. BICKFORD, ROSWELL P. ANGIER, JOSEPH WALKER, JR. WARREN ADAMS, Clerk. 1853. Mayor. JOHN S. C. KNOWLTON. Aldermen. Ward 1. WILLIAM A. WILLIAMS, 2. EDWARD EARLE, 3. GILL VALENTINE, 4. SAMUEL D. HARDING, 5. PHINEHAS CRANDALL, 6. MOSES D. PHILLIPS, 7. CHARLES WHITE, 8. BENJAMIN FLAGG. City Clerk. CHARLES A. HAMILTON. Common Council. Ward 1. HENRY EARLE, R. O. FORBUSH, SAMUEL A. PORTER. 2. CHARLES WASHBURN, GEORGE W. RUGG,* TIMOTHY BANCROFT. 3. WM. N. GREEN, Pres't. GERRY VALENTINE, SAMUEL T. FIELD. 4. JAMES S. WOODWORTH, LOISON D. TOWNE, PLINY HOLBROOK. 5. EZRA P. CLARK, GARDNER MCFARLAND, HENRY MURRAY. 6. MARSHAL S. BALLORD, JAMES H. WALL, LEVI BARKER. 7. SAMUEL B. DENNIS, JOHN A. HUNT. SAMUEL H. COLTON. 8. JOSEPH WALKER, JR. WM. M. BICKFORD, ROSWELL P. ANGIER. LEWIS A. MAYNARD, Clerk. * Resigned. t Declined, Ben]. Walker elected. t Declined, Daniel S. Burgess elected. * Declined, Calvin Knowlton elected. CITY COUNCIL. 251 1854. Mayor. JOHN S. C. KNOWLTON. Aldermen. Ward 1. WILLIAM A. WILLIAMS. 2. CHARLES WASHBURN, 3. HARTLEY WILLIAMS, 4. SAMUEL D. HARDING, 5. MOSES D. PHILLIPS, 6. JAMES H. WALL, 7. ELI THAYER, 8. BENJAMIN WALKER. City Clerk. CHARLES A. HAMILTON. Common Council. Ward 1. SAMUEL A. PORTER, GERRY VALENTINE, FRANCIS HOVEY. 2. ICHABOD WASHBURN, THOMAS H. RICE, EDWARD LAMB. 3. HENRY TOLMAN, LYSANDER CHANDLER, HENRY PRENTICE.* 4. JAMES S. WOODWORTH, LOISON D. TOWNE, PHILIP LOTHROP. 5. WILLARD BROWN, FRANCIS STRONG, WILLIAM S. LINCOLN. 6. JOSIAH W. ALLEN, JAS. ESTABROOK, Preit. JOSEPH H. WALKER. 7. CALVIN FOSTER, JONAS HARTSHORN, ELIJAH B. STODDARD. 8. JOSEPH WALKER, JR. GEORGE HOBBS, HENRY GOULDING. WILLIAM A. SMITH, Clerk. 1855. Mayor. GEO. W. RICHARDSON. Aldermen. Ward 1. HENRY EARL, 2. SAMUEL DAVIS, 3. WILLIAM T. MERRIFIELD, 4. JOHN P. SOUTHGATE, 5. WILLIAM H. HARRIS, 6. JAMES H. WALL, 7. ALVIN WAITE, 8. HENRY GOULDING. City Clerk. CHARLES A. HAMILTON.* Common Council. Ward 1. JOHN GATES, ALEXANDER THAYER, ALEXANDER PUTNAM. 2. SAMUEL A. KNOX, HORACE CHENERY, OZIAS HUDSON.! 3. REUBEN RANDALL, LEONARD POOLE, HENRY TOLMAN. 4. FRANCIS HARRINGTON, LEWIS STURTEVANT, NATHAN WASHBURN. 5. FRANCIS STRONG, GEORGE E. WYMAN, EDWARD S. STEBBINS. 6. LORIN WETHERELL, JOHN B. DEXTER, THOMAS PIERCE. 7. GEORGE M. RICE, Pres't. HENRY GRIFFIN, THOMAS EARLE. 8. JOSEPH D. DANIELS, PARLEY HAMMOND, JOSEPH P. CHENEY. WILLIAM A. SMITH, Clerk. * Declined, Reuben Randall elected. * Resigned, Samuel Smith elected. 252 CITY COUNCIL. 1856. Mayor. ISAAC DAVIS. Aldermen. Ward 1. BENJ. F. HEYWOOD, 2. JOSEPH P. HALE,* 3. HENRY PRENTICE, 4. JAMES S. WOODWORTH, 5. SAMUEL V. STONE, 6. CALVIN WILLARD,! 7. CALVIN FOSTER, . WILLIAM S. LINCOLN. City Clerk. SAMUEL SMITH. Common Council. Ward 1. DAVID HITCHCOCK,} AUSTIN FLINT, GEORGE H. TUFTS. 2. RANSOM M. GOULD, GEORGE SPAULDING, ORAN A. KELLEY. 3. JASON TEMPLE, HENRY D. STONE, CHARLES BOWEN. 4. SAMUEL D. HARDING, CHARLES B. PRATT, MOSES TAFT. 5. JOHN S. GUSTIN, LEVI BARKER, GEORGE H. WARD. 6. DANA H. FITCH, LORIN WETHERELL, THOMAS PIERCE. 7. GEORGE M. RICE, Prts't, ALBERT P. WARE, JOHN C. JAQUES. 8. WILLIAM DICKINSON, CHARLES W. FREELAND, JOSEPH P. CHENEY. ' WILLIAM A. SMITH, Clerk. 1857. Mayor. GEO. W. RICHARDSON. Aldermen. Ward i. HENRY EARL, 2. WILLIAM A. WHEELER, 3. HENRY PRENTICE, ' 4. JOHN P. SOUTHGATE, 5. FRANCIS STRONG, 6. ALBERT CURTIS, 7. CHARLES WHITE, 8. HENRY GOULDING. City Clerk. SAMUEL SMITH. Common Council. Ward 1. AUSTIN FLINT, HENRY P. NICHOLS, CHARLES H. BALLARD. 2. ORAN A. KELLEY, RANSOM M. GOULD,* DANIEL TAINTER. 3. JASON TEMPLE, HENRY D. STONE, CALVIN E. PRATT. 4. CHARLES B. PRATT, RUFUS O. WILLIAMS, ELISHA F. WITT. 5. JOHN S. GUSTIN, PATRICK O'KEEFE, SAMUEL V. STONE. 6. EDWIN DRAPER, SYLVAN us PRATT, JOEL DAVIS. 7. GEORGE M. RICE, Pres't, AURY G. GOES, HORATIO N. TOWER. 8. WILLIAM M. BICKFORD, JOSHUA M. C. ARMSBY, SAMUEL H. LEONARD. WILLIAM A. SMITH, Clerk. * Resigned, Edward Lamb elected, t Declined, James H. Wall elected. i Resigned, Henry Earl elected. * Resigned, vacancy not filled. CITY COUNCIL. 253 1858. Mayor. ISAAC DAVIS. Aldermen. Ward 1. BENJAMIN F. HEYWOOD, 2. DRAPER RUGGLES, 3. HENRY PRENTICE,* 4. PLINY HOLBROOK, 5. WILLIAM B. Fox, JR., 6. THOMAS PIERCE, 7. D. WALDO LINCOLN, 8. DAVID S. MESSINGER. City Clerk. SAMUEL SMITH. Common Council. Ward 1. CHARLES H. BALLARD, T. W. HAMMOND,! F. C. BIGELOW. J 2. JOSHUA M. C. ARMSBY, MOORE M. CHAFFIN, '' Lucius W. POND. 3. SAMUEL C. RICHARDS, JOHN S. GUSTIN, LYMAN BROWN. 4. ELISHA F. WITT, SAMUEL HATHAWAY, ALVIN ALLEN. 5. LEVI BARKER, GEORGE H. WARD, SAMUEL V. STONE. 6. JAMES H. WALL, JOSEPH BOYDEN, GEORGE S. BARTON. 7. ELIJAH B. STODDARD, Preset. AURY G. GOES, EDWIN MORSE. 8. HENRY C. RICE, JOSEPH D. DANIELS. MARTIN LATHE. WILLIAM A. SMITH, Clerk. 1859. Mayor. ALEXANDER H. BULLOCK. Aldermen. Ward 1. ALEXANDER THAYER, 2. JOSHUA M. C. ARMSBY, 3. JONAS BARTLETT, 4. PLINY HOLBROOK, 5. ISAAC GODDARD, 6. LORIN GOES, 7. D. WALDO LINCOLN. 8. DAVID S. MESSINGER. City Clerk. SAMUEL SMITH. Common Council. Ward 1. TIMOTHY W. HAMMOND, HENRY P. NICHOLS, RANSOM M. GOULD. 2. Lucius W. POND, A. B. R. SPRAGUE, JOHN BARNARD. 3. LYMAN BROWN, JAMES E. ESTABROOK, WALTER HENRY. 4. CHARLES B. PRATT, WILLIAM ADAMS, APPLETON DADMUN. 5. JOHN SIMMONS, HENRY MURRAY, SAMUEL V. STONE. 6. EDWIN DRAPER, GEORGE S. BARTON, DANA H. FITCH. 7. EDWIN MORSE, AURY G. GOES, SAMUEL R. HEYWOOD. 8. JOHN W. WETHERELL, Pres't. GEO. A. CHAMBERLIN, WILLIAM GREEN LEAF. WILLIAM A. SMITH, Clerk. * Resigned, Jonas Bartlett elected. t Resigned, Ransom M. Gould elected. Z Resigned, Pardon W. Aldrich elected. 254 CITY COUNCIL. 1860. Mayor. WILLIAM W. RICE. Aldermen. Ward 1. ALEXANDER THAYER, 2. ALBERT TOLMAN, 3. ASA L. BURBANK, 4. FRANCIS HARRINGTON, 5. ISAAC GODDARD, 6. EDWIN DRAPER, 7. SAMUEL R. HEYWOOD, 8. DAVID S. MESSINGER. City Clerk. SAMUEL SMITH. Common Council. Ward 1. HENRY B. HAKES, GERRY VALENTINE, SAMUEL E. STAPLES. 2. GEORGE R. PECKHAM, A. B. R. S PRAGUE, EDWIN A. MUZZY. 3. JAMES E. ESTABROOK, LYMAN BROWN, DENNIS G. TEMPLE. - 4. MOSES TAFT, CHARLES B. PRATT, CHARLES S. CHILDS. 5. SIMEON CLAPP, CHARLES F. WASHBURN, GEORGE CROMPTON. 6. DANA H. FITCH, HENRY GODDARD, JOHN W. JORDAN. 7. JOSEPH H., WALKER, Pres't. AARON G. WALKER, AURY G. GOES. 8. RICHARD BALL, ELBRIDGE BOYDEN, EPHRAIM F. CHAMBERLAIN. WILLIAM A. SMITH, Clerk. 1861. Mayor. ISAAC DAVIS. Aldermen. Ward 1. MERRICK BEMIS, 2. HARRISON BLISS, 3. LEONARD W. STURTEVANT. 4. CHARLES B. PRATT, 5. ISAAC GODDARD, 6. STEPHEN TAFT, 7. SAMUEL R. HEYWOOD, 8. GEORGE HOBBS. City Clerk. SAMUEL SMITH. Common Council. Ward 1. ALEX. Y. THOMPSON, J. WALDO DENNY, JOSIAH H. CLARK. 2. WALTER BIGELOW, SILAS J. BRIMHALL, THEOD. M. WOODWARD. 3. JAMES E. ESTABROOK, Pres't. WALTER HENRY. FRANCIS B. NORTON. 4. APPLETON DADMUN, FRANK H. KELLEY, MICHAEL S. MCCONVILLE. 5. GEORGE CROMPTON, JAMES MELANEFY, RICHARD BARKER. 6. JOSIAH W. ALLEN, LORIN WETHERELL, FREDERICK W. TOWNSEND. 7. AARON G. WALKER, JAMES F. ESTEY, HENRY C. RICE. 8. FRANCIS H. DEWEY, RICHARD BALL, SAMUEL A. PORTER. JOHN A. DANA, Clerk. CITY COUNCIL. 255 1862. Mayor. P. EMORY ALDRICH. Aldermen. Ward 1. MERRICK BEMIS, 2. Lucius W. POND, 3. ADAM HARRINGTON, 4. SAMUEL D. HARDING, 5. FRANCIS STRONG, 6. CHARLES B. PRATT, 7. GEORGE CHANDLER, 8. BENJAMIN WALKER. City Clerk. SAMUEL SMITH. Common Council. Ward 1. ALEXANDER Y. THOMPSON, LEONARD R. HUDSON, CHARLES WHITTEMORE. 2. PHILIP L. MOEN, Preset, PHINEHAS BALL, SILAS J. BRIMHALL. 3. FRED. B. NORTON, LYMAN BROWN, WALTER HENRY. 4. APPLETON DADMUN, FRANK H. KELLEY, SAMUEL R. LELAND. 5. EDWIN C. CLEVELAND, HUGH DOHERTY, RICHARD BARKER. 6. HENRY GODDARD, JOHN W. JORDAN, JOHN R. GREENE. 7. JULIUS E. TUCKER. JONATHAN F. ESTEY, GEORGE S. BARTON. 8. CALEB B. METCALF, ADDISON PALMER, AUGUSTUS N. CURRIER. JOHN A. DANA, Clerk. 1863. Mayor. D. WALDO LINCOLN. Aldermen. Ward 1. MERRICK BEMIS,* 2. HARRISON BLISS, 3. LEONARD W. STURTEVANT, 4. FRANK H. KELLEY, 5. GEORGE CROMPTON, 6. CHARLES B. PRATT,! 7. ELIJAH B. STODDARD, 8. GEORGE HOBBS. City Clerk. SAMUEL SMITH. Common Council. Ward 1. A. MCFARLAND DAVIS, GEORGE A. GATES, GEORGE F. RICE. 2. PHILIP L. MOEN, Pres't, PHINEHAS BALL,| GEORCE R. PECKHAM. 3. S. P. Twiss, J. BROWN ALDEN, JAMES RADIGAN. 4. SAMUEL R. LELAND, DANIEL H. O'NEIL, GEORGE H. CLARK. 5. RICHARD BARKER, HUGH DOHERTY, DVVIGHT NEWBURY. 6. JOHN R. GREENE, WILLIAM H. JACOBS, CHARLES WOOD. 7. GEORGE S. BARTON, JULIUS E. TUCKER, RUSSELL R. SHEPARD. 8. RICHARD BALL, DEXTER RICE, WILLIAM WORKMAN. JOHN A. DANA, Clerk. * Resigned, Chas. A. Wheeler elected. t Resigned, Stephen Taft elected. % Resigned. Resigned, Rolla N. Start elected. 256' CITY COUNCIL. 1864. Mayor. D. WALDO LINCOLN. Aldermen. Ward 1. CHARLES A. WHEELER, 2. HARRISON BLISS, 3. CALVIN DYER, 4. FRANK H. KELLEY, 5. GEORGE CROMPTON, 6. STEPHEN TAFT, 7. ELIJAH B. STODDARD, 8. GEORGE HOBBS. City Clerk. SAMUEL SMITH. Common Council. Ward 1. GEORGE F. RICE, APPLETON DADMUN, CHARLES WHITTEMORE. 2. PHILIP L. MOEN, GEORGE G. BURBANK, GEORGE R. PECKHAM. 3. ROLLA N. START, LYMAN BROWN, PATRICK NUGENT. 4. MOSES TAFT, GEORGE H. CLARK, PATRICK BURKE. 5. ELISHA A. HARKNESS, PRENTICE A. THOMPSON, BERNARD CARROLL. 6. JOHN R. GREENE, WILLIAM H. JACOBS, CHARLES WOOD. 7. JULIUS E. TUCKER, . GEORGE S. BARTON, RUSSELL R. SHEPARD. 8. RICHARD BALL, Pres't, JOSEPH D. DANIELS, DEXTER RICE. JOHN A. DANA, Clerk. 1865. Mayor. PHINEHAS BALL. Aldermen. Ward 1. HENRY B. HAKES, 2. WALTER BIGELOW, 3. CALVIN DYER, 4. GEORGE W. RUGG, 5. E. C. CLEVELAND, 6. HENRY GODDARD, 7. EDWIN MORSE, 8. HARRISON BLISS. City Clerk. SAMUEL SMITH. Common Council. Ward 1. DEWITT FISHER, EDWARD L. DAVIS, LEONARD R. HUDSON. 2. GEORGE R. PECKHAM, LUTHER Ross, LUTHER PHILLIPS. 3. FRANKLIN B. NORTON, PATRICK NUGENT, LYMAN BROWN. 4. OSGOOD BRADLEY, JR., ANDREW ATHY, WILLIAM B. MC!VER. 5. E. A. HARKNESS, JOHN L. MURPHY, SALISBURY HYDE. 6. JONATHAN C. FRENCH, GEORGE T. MURDOCK, GEORGE S. HOPPIN. 7. JULIUS E. TUCKER, WILLIAM E. STARR, Pres't, SAMUEL WINSLOW. 8. GEORGE W. RUSSELL, ELBRIDGE BOYDEN, D. A. HAWKINS, JR. JOHN A. DANA, Clerk. CITY COUNCIL. 257 1866. Mayor. JAMES B. BLAKE. Aldermen. Ward 1. JEROME MARBLE, 2. OLIVER K. EARLE, 3. HENRY B. HAKES, 4. H. HAMLIN HOUGHTON, 5. GEORGE A. BROWN, 6. JONATHAN C. FRENCH, 7. AURY G. GOES, 8. FRANCIS H. DEWEY. City Clerk. SAMUEL SMITH. Common Council. Ward 1. STEPHEN SALISBURY, JR., DANIEL A. HAWKINS, AUSTIN L. ROGERS. 2. GEORGE W. PAUL, HENRY C. WILSON, LUTHER Ross. 3. EDWARD L. DAVIS, WALTER HENRY, SAMUEL E. HILDRETH. 4. OSGOOD BRADLEY, JR., JAMES MCFARLAND, JOHN L. MURPHY. 5. SALISBURY HYDE, EVERETT W. FRENCH, ALBERT A. GORDON. 6. GEORGE S. HOPPIN, DANA H. FITCH, H. S. WHITTEMORE. 7. JOHN S. BALDWIN, AARON G. WALKER, EDWIN T. MARBLE. 8. WM. E. STARR, Pres't. SAMUEL WINSLOW, ADDISON PALMER. HENRY L. SHUMWAY, Clerk. 1867. Mayor. JAMES B. BLAKE. Aldermen. Ward 1. EDWARD KENDALL. 2. OLIVER K. EARLE, 3. SAMUEL E. HILDRETH, 4. H. HAMLIN HOUGHTON, 5. SIMEON CLAPP,* 6. DANA H. FITCH, 7. JOHN D. LOVELL, 8. GEORGE S. BARTON. City Clerk. SAMUEL SMITH. Common Council. Ward 1. STEPHEN SALISBURY, JR., DANIEL A. HAWKINS, AUSTIN L. ROGERS. 2. GEORGE W. PAUL, HENRY C. WILSON, LUTHER Ross. 3. WALTER HENRY. LEONARD R. HUDSON, LYMAN BROWN. 4. PATRICK O'KEEFE, GEORGE H. CLARK, VERNON A. LADD. 5. DEXTER H. PERRY, JOSIAH W. ALLEN, DAVID M. WOODWARD. 6. JOHN DEAN, HENRY S. WHITTEMORE, JOHN L. WATERS. 7. EDWIN T. MARBLE, JOHN S. BALDWIN, J. ORLANDO BEMIS. 8. HENRY A. MARSH. RANSOM M. GOULD, EDWARD L. DAVIS, Pres't. HENRY L. SHUMWAY, Clerk. * Died May 31, 1867. 258 CITY COUNCIL. 1868. Mayor. JAMES B. BLAKE. Aldermen. Ward 1. EDWARD KENDALL, 2. ALBERT TOLMAN, 3. SAMUEL E. HILDRETH, 4. H. HAMLIN HOUGHTON, 5. EDWIN C. CLEVELAND, 6. HENRY GODDARD, 7. JOHN D. LOVELL, 8. GEORGE S. BARTON. Citv Clerk. SAMUEL SMITH. Common Council. Ward 1. STEPHEN SALISBURY, JR., Pres't. TIMOTHY \V. HAMMOND, NATHANIEL PAINE. 2. GEORGE W. PAUL, HENRY C. WILSON, LUTHER Ross. 3. WALTER HENRY, LEONARD R. HUDSON, GEORGE F. HEWETT. 4. PATRICK O'KEEFE, GEORGE H. CLARK, VERNON A. LADD. 5. DEXTER H. PERRY, A. B. COUCH, DAVID M. WOODWARD. 6. JOHN DEAN, HENRY S. WHITTEMORE, JOHN L. WATERS, 7. EDWIN T. MARBLE, JOHN S. BALDWIN, OBADIAH B. HADWEN. 8. HENRY A. MARSH, RANSOM M. GOULD, GERRY HUTCHINSON. HENRY L. SHUMWAY, Clerk. 1869. Mayor. JAMES B. BLAKE. Aldermen. Ward 1. EDWARD KENDALL, 2. ALBERT TOLMAN, 3. THOMAS HARRINGTON, 4. H. HAMLIN HOUGHTON, 5. EDWIN C. CLEVELAND, 6. HENRY GODDARD, 7. EDWIN T. MARBLE, 8. GEORGE S. BARTON. City Clerk. SAMUEL SMITH. Common Council. Ward 1. JOSEPH CHASE, TIMOTHY W. HAMMOND, NATHANIEL PAINE. 2. GEORGE W. PAUL, R. E. BLAKE, LUTHER Ross. 3. R. H. CHAMBERLAIN, LEONARD R. HUDSON, GEORGE F. HEWETT. 4. ANDREW ATHY, MICHAEL O'DRISCOLL, VERNON A. LADD. 5. SAMUEL V. STONE, Pres't, A. B. COUCH, DAVID M. WOODWARD. 6. SAMUEL HOUGHTON, CHARLES G. REED, JOHN L. WATERS. 7. JOSEPH B. KNOX, JOHN S. BALDWIN, OBADIAH B. HADWEN. 8. ADDISON PALMER, SUMNER PRATT, GERRY HUTCHINSON. HENRY L. SHUMWAY, Clerk. CITY COUNCIL. 259 -1870. Mayor. JAMES B. BLAKE.* Aldermen. Ward 1. EDWARD KENDALL, 2. LEWIS BARNARD, 3. THOMAS HARRINGTON, 4. FRANK H. KELLEY, 5. EDWIN C. CLEVELAND, 6. JOHN W. JORDAN, 7. EDWIN T. MARBLE, 8. GEORGE S. BARTON. City Clerk. SAMUEL SMITH. Common Council.* Ward 1. JOSEPH CHASE, TIMOTHY W. HAMMOND, DANIEL W. KNOWLTON. 2. WM. ALLEN, R. E, BLAKE, LUTHER Ross. 3. R. H. CHAMBERLAIN, WALTER HENRY, GEORGE F. HEWETT. 4. ANDREW ATHY, MICHAEL O'DRISCOLL, A. H. WARD. 5. O. L. HATCH, CHAS. W. PARKER, CALEB COLVIN. 6. SAMUEL HOUGHTON, CHARLES G. REED, Preset. L. HENRY WELLS. 7. JOSEPH B. KNOX, EDWIN AMES, SAMUEL BROWN. 8. ADDISON PALMER, SUMNER PRATT, GERRY HUTCHINSON. HENRY L. SHUMWAY, Clerk. 1871. Mayor. EDWARD EARLE.t Aldermen. Ward 1. AUGUSTUS B. R. SPRAGUE. 2. LEWIS BARNARD, 3. GILBERT J. RUGG, 4. FRANK H. KELLEY, 5. HORACE WYMAN, 6. JOHN W. JORDAN, 7. EDWIN T. MARBLE, 8. GEORGE S. BARTON. City Clerk. SAMUEL SMITH. Common Council. Ward 1. JOSEPH CHASE, SIMON E. COMBS, DAN'L W. KNOWLTON. 2. WM. ALLEN, AARON G. WALKER, LUTHER Ross. 3. WALTER HENRY, GEORGE F. HEWETT, CHARLES W. WENTWORTH. 4. ANDREW ATHY, CHARLES S. CHILDS, MICHAEL O'DRISCOLL. 5. O. L. HATCH, CHAS. W. PARKER, MORRIS MELAVEN. 6. JOSEPH H. WALKER, CHARLES G. REED, Pres't. L. HENRY WELLS. 7. CALVIN L. HARTSHORN, EDWIN AMES, SAMUEL BROWN. 8. E. H. TOWNE, SUMNER PRATT, GERRY HUTCHINSON. HENRY L. SHUMWAY, Clerk. * Re-elected Dec. 12, 1870. Died Dec. 18, 1870 Henry Chapin elected by the City Council, Mayor "ad interim," Dec. 19, 1870. t Elected Jan. 30, 1871, to fill vacancy. 26O CITY COUNCIL. 1872. Mayor. GEORGE F. VERRY. Aldermen. Ward 1. EMORY BANISTER, 2. JOSEPH BURROUGH, 3. GILBERT J. RUGG, 4. SAMUEL D. HARDING, 5. HORACE WYMAN, 6. HENRY H. CHAMBERLIN, 7. EDWIN T. MARBLE, 8. GEORGE R. SPURR. CV/y Clerk. SAMUEL SMITH. Common Council. Ward 1. JOSEPH CHASE. EDWARD R. FISKE, JOHN W. HOWE. 2. WM. ALLEN, PARRITT BLAISDELL, LUTHER Ross. 3. SAMUEL MCFADDEN, GEORGE F. HEWETT, CHAS. W. WENTWORTH. 4. ANDREW ATHY, PATRICK D. CONLIN, CHARLES S. CHILDS. 5. JOHN J. O'GORMAN, JOHN COVE, MORRIS MELAVEN. 6. JOSEPH H. WALKER, CHARLES G. REED, Pres't. DORRANCE S. GODDARD. 7. CALVIN L. HARTSHORN, EDWIN AMES, AMARIAH B. LOVELL. 8. E. H. TOWNE, SUMNER PRATT, CHARLES G. PARKER. HENRY L. SHUMWAY, Clerk. 1873. Mayor. CLARK JILLSON Aldermen. Ward 1. GEORGE S. HOPPIN, 2. JOSEPH BURROUGH, 3. WILLIAM H. JOURDAN, 4. SAMUEL D. HARDING, 5. RANSOM C. TAYLOR, 6. HENRY H. CHAMBERLIN, 7. AURY G. GOES, 8. GEORGE R. SPURR. City Clerk. SAMUEL SMITH. Common Council. Ward 1. EDWARD R. FISKE, JOHN W- HOWE, JAMES S. ROGERS. 2. SAMUEL R. HEYWOOD, Pres't, HENRY GODDARD, THOMAS E. TATEUM. 3. SAMUEL MCFADDEN, GEORGE F. HEWETT, EUGENE M. MORIARITY. 4. PATRICK D. CONLIN, ANDREW ATHY, JOHN B. COSGROVE. 5. JOHN J. O'GORMAN, JOHN COVE, PATRICK H. CARROLL. 6. GEORGE F. WOOD, WILLIAM H. DEXTER, NATHAN H. CHANDLER. 7. EDWIN AMES, Lucius J. KNOWLES, CALVIN L. HARTSHORN. 8. CHARLES G. PARKER, ENOCH H. TOWNE, GEORGE GEER. HENRY L. SHUMWAY, Clerk. CITY COUNCIL. 26t 1874. Mayor. EDWARD L. DAVIS. Aldermen. Ward 1. GEORGE S. HOPPIN, 2. LEWIS BARNARD, 3. WILLIAM H. JOURDAN, 4. SAMUEL D. HARDING, 5. RANSOM C. TAYLOR, G. DORRANCE S. GODDARD, 7. AURY G. GOES, 8. GEORGE R. SPURR. City Clerk. SAMUEL SMITH. Common Council. Ward 1. HAMILTON B. STAPLES, ALFRED D. WARREN, JAMES S. ROGERS. 2. GEORGE E. STEARNS, HENRY GODDARD, THOMAS E. TATEUM. 3. GEORGE F. HEWETT, RICHARD BARKER, EUGENE M. MORIARTY. 4. J. K. CHURCHILL, ANDREW ATHY, T. EDWARD MURRAY. 5. JOHN J. O'GoRMAN, JOHN COVE, PATRICK H. CARROLL. 6. GEORGE F. WOOD, WILLIAM H. DEXTER, NATHAN H. CHANDLER. 7. CHARLES BELCHER, CHARLES BALLARD, CALVIN L. HARTSHORN. 8. CHARLES G. PARKER, ENOCH H. TOWNE, Preset, GEORGE GEER. ' HENRY L. SHUMWAY, Clerk. 1875. Mayor. CLARK JILLSON. Aldermen. Ward 1. HARRISON BLISS, 2. LEWIS BARNARD, 3. WILLIAM H. JOURDAN, 4. SAMUEL D. HARDING, 5. PETER J. TURNER, 6. DORRANCE S. GODDARD, 7. WARREN MCFARLAND, 8. GEORGE R. SPURR. City Clerk. SAMUEL SMITH. Common Council, Ward 1. HAMILTON B. STAPLES, ALFRED D. WARREN, THOMAS J. HASTINGS. 2. GEORGE E. STEARNS, SAMUEL A. PORTER, FRANCIS A. GASKILL. 3. GEORGE F. HEWETT, RICHARD BARKER, CORNELIUS O'SULLIVAN. 4. JAMES K. CHURCHILL, ANDREW ATHY, T. EDWARD MURRAY. 5. JOHN J. O'GORMAN, THOMAS DOON, WILLIAM KICKHAM. 6. WILLARD WARD, LORING GOES, GILBERT J. RUGG. 7. CHARLES BELCHER, CHARLES BALLARD, Pres't, ALBERT A. LOVELL. 8. CHARLES G. PARKER, GEORGE GEER, OSCAR F. RAWSON. HENRY L. SHUMWAY, Clerk. 262 CITY COUNCIL. 1876. Mayor. CLARK JILLSON. Aldermen. Ward 1. HARRISON BLISS, 2. JOHN M. WILLIAMS, 3. WILLIAM H. JOURDAN, 4. SAMUEL D. HARDING, 5. STEPHEN SAWYER, 6. MOWRY A. LAPHAM, 7. WARREN MCFARLAND, 8. SUMNER PRATT. City Clerk. SAMUEL SMITH. Common Council. Ward 1. THOMAS J. HASTINGS, Pres't, GEORGE E. BOYDEN, BENJAMIN WALKER. 2. SAMUEL A. PORTER, FRANCIS A. GASKILL, ORRIN H. WESTON. 3. CORNELIUS O'SULLIVAN, PAUL HENRY, JOHN B. O'LEARY. '4. ANDREW ATHY, T. EDWARD MURRAY, JOHN J. O'GORMAN. 5. WILLIAM KICKHAM, JOHN R. THAYER, WILLIAM O'COJSNELL. 6. LORING GOES, GILBERT J. RUGG, ELLERY B. CRANE. 7. ALBERT A. LOVELL, CALEB COLVIN, WILLIAM H.THEYWOOD. 8. GEORGE GEER, OSCAR F. RAWSON, CHARLES BELCHER. S. HAMILTON COE, Clerk. 1877. Mayor. CHARLES B. PRATT. Aldermen. Ward 1. WILLIAM DICKINSON, 2. JOHN M. WILLIAMS, 3. GEORGE P. KENDRICK, 4. SAMUEL D. HARDING, 5. STEPHEN SAWYER, 6. MOWRY A. LAPHAM, 7. WARREN MCFARLAND, 8. SUMNER PRATT. City Clerk. ENOCH H. TOWNE. Common Council. Ward 1. GEORGE E. BOYDEN, Pres't, BENJAMIN WALKER, WILLIAM S. CLARK. 2. ORRIN H. WESTON, SAMUEL A. PORTER, EDWIN H. HILL. 3. PAUL HENRY, JOHN B. O'LEARY, ANDREW ATHY. 4. JOHN J. O'GORMAN, PHILIP MOORE, FRANCIS PLUNKETT. 5. JOHN R. THAYER, WILLIAM O'CONNELL, THOMAS MONAHAN. 6. LORING GOES, ELLERY B. CRANE, WILLIAM H. DEXTER. 7. WILLIAM H. HEYWOOD, CALEB COLVIN, ALBERT A. LOVELL. 8. CHARLES BELCHER, JOSEPH A. TITUS, THOMAS M. ROGERS. S. HAMILTON COE, Clerk. CITY COUNCIL. 263 1878. Mayor. CHARLES B. PRATT. Aldermen. Ward 1. WILLIAM DICKINSON, , 2. JOHN M. WILLIAMS, 3. GEORGE P. KENDRICK, 4. JOHN L. MURPHY, 5. STEPHEN SAWYER, 6. MOWRY A. LAPHAM, 7. WARREN MCFARLAND, 8. HENRY A. MARSH. City Clerk. ENOCH H. TOWNE. Common Council. Ward 1. GEORGE E. BOYDEN, Preset, F. P. STOWELL, WILLIAM S. CLARK. 2. OLIVER P. SHATTUCK, SAMUEL A. PORTER, EDWIN H. HILL. 3. PAUL HENRY, JAMES B. MCMAHON, ANDREW ATHYI 4. JOHN J. O'GORMAN, PHILIP MOORE, FRANCIS PLUNKETT. 5. WILLIAM O'CONNELL, JOHN R. THAYER, THOMAS MONAHAN. 6. ELLERY B. CRANE, LORING GOES, WILLIAM H. DEXTER. 7. WILLIAM H. HEYWOOD, JAMES A. NORCROSS, ALBERT A. LOVELL. 8. FRANK E. LANCASTER, JOSEPH A. Trrus, THOMAS M. ROGERS. S. HAMILTON COE, Clerk. 1879. Mayor. CHARLES B. PRATT. Aldermen. Ward 1. SENECA M. RICHARDSON, 2. JOHN M. WILLIAMS, 3. GEORGE P. KENDRICK, 4. JOHN L. MURPHY, 5. STEPHEN SAWYER, 6. MOWRY A. LAPHAM, 7. FRANK H. KELLEY, 8. HENRY A. MARSH. City Clerk. ENOCH H. TOWNE. Common Council. Ward 1. WILLIAM S. CLARK, GEORGE E. BOYDEN, Pres't, FRANCIS P. STOWELL. 2. GEORGE A. BARNARD, SAMUEL A. PORTER, OLIVER P. SHATTUCK. 3. ANDREW ATHY, PAUL HENRY, JAMES B. MCMAHON. 4. FRANCIS PLUNKETT, JOHN J. WHITE, JOHN J. O'GORMAN. 5. PATRICK J. QUINN, WILLIAM O'CONNELL, JOHN R. THAYER. 6. LORING GOES, SAMUEL MAWHINNEY, ELLERY B. CRANE'. 7. HIRAM FOBES, WILLIAM H. HEYWOOD, JAMES A. NORCROSS. 8. THOMAS TALBOT, FREDERICK W. WARD, FRANK E. LANCASTER. S. HAMILTON COE, Clerk. 264 CITY COUNCIL. 1880. Mayor. FRANK H. KELLEY. Aldermen. Ward 1. SENECA M. RICHARDSON, 2. CHARLES G. REED, 3. GEORGE P. KENDRICK, 4. CHARLES C. HOUGHTON, 5. STEPHEN SAWYER, 6. MOWRY A. LAPHAM, 7. GEORGE F. HEWETT, 8. HENRY A. MARSH. City Clerk. ENOCH H. TOWNE. Common Council. Ward 1. J. LEWIS ELLSWORTH, ALBERT S. BROWN, WILLIAM S. CLARK. 2. OLIVER P. SHATTUCK, Pres't. GEORGE A. BARNARD, SAMUEL A. PORTER. 3. DANIEL J. SAVAGE, JAMES B. MCMAHON, ANDREW ATHY, 4. JAMES J. TIERNEY, FRANCIS PLUNKETT, JOHN J. WHITE. 5. THOMAS DANIELS, BENJAMIN BOOTH, PATRICK J. QUINN. 6. SAMUEL C. ANDREWS, LORING GOES, SAMUEL MAWHINNEY. 7. GEORGE E. BATCHELDER, GRANVILLE A. LONGLEY, HIRAM FOBES. 8. FRANK E. LANCASTER, THOMAS TALBOT, . FREDERICK W. WARD. S. HAMILTON COE, Clerk. Joint Rules and Orders OF THE CITY COUNCIL SECT. i. At the commencement of the muni- what committees . i r 11 '.'-. T ,, shall be appoint- cipal year, the following joint standing committees e a at the com- <111 . . mencement of the shall be chosen or appointed by their respective municipal year. boards : A committee on finance. A committee on claims. A committee on printing. A committee on highways and sidewalks. A committee on water. A committee on fire department. A committee on lighting streets. A committee on military affairs. A committee on education. A committee on charities. A committee on ordinances. A committee on sewers. A committee on public buildings. A committee to assign the mayor's inaugural address, and all unfinished business of the previous 266 JOINT RULES. HOW committees y ear> Eachof the above committees shall consist shall be consti- tuted. o f two aldermen and three members of the common council, except when it may be otherwise ordered. HOW joint com- SECT. 2. In all joint committees, the number of mittees shall be J constituted. members from the common council shall be one greater than the number from the board of aldermen. who shaii be] SECT. 3. The mayor shall be, ex-officio, chairman chairman. . . . _...,,. of any joint committee of which he is a member; and of other joint committees, the first named mem- ber of the board of aldermen ; and in case of his resignation or absence, the next named member of ch^lmai the same board ; and afterwards, the member of the common council first in order, shall call the meet- ings of the committee, and act as chairman. Non-concur- SECT. 4. When either board shall not concur rence. with the other in any ordinance, order or resolu- tion, sent from such other, notice of such non-con- currence shall forthwith be given. committees of SECT. 5. In every case of disagreement on any conference. matter requiring the joint action of the two boards, if either board shall request a conference, and ap- point a committee for that purpose, the other board shall appoint a committee to confer with them ; each committee shall consist of three members on the JOINT RULES. 267 part of each board representing its vote. Said com- Manner O f P ro. mittees shall meet at a time appointed by the chair-" man of the committee on the part of the board requesting the conference, and state to each other the reasons of their respective boards, for or against the proposed action, and report at the same or at the next regular meeting; and their report, if agreed to by a majority of each committee, shall be first acted on by the board asking the conference, and may be either accepted or rejected. SECT. 6. Each board shall transmit to the other Papers to be transmitted, &c. all papers on which any ordinance, joint order or resolution shall be founded, and all papers on their passage between the two boards, shall be under the signatures of their respective clerks or presiding officers. SECT. 7. Either board may propose to the other, Adjournment. for its concurrence, a time to which both shall adjourn, which subject shall have precedence over other business ; and when the time has been fixed, either board may adjourn, unless it is otherwise requested, and the reasons therefor are given by the board making the request. SECT. 8. When any matter is referred to a joint committee, the city clerk shall furnish the clerk of 268 JOINT RULES. city cierk shaii such committee with a copy or the original, of all furnish copy of * T votes, &c. votes or papers pertaining to the subject matter referred, within forty-eight hours. The reports of all committees, signed by a majority of the members thereof, may be made to either board, except in case of committees of conference. what reports SECT. o. No committee shall act by separate shall be re- J ceived. consultation, and no reports, except minority reports, shall be received, unless they shall have been agreed to in committee actually assembled, and no report shall be received recommending the expenditure of money, unless it shall contain a careful estimate of the amount required. Reports to be g jj. ^ jj be th dut f ey ' ' t made within J J J mittee, to whom any subject shall be specially referred, unless otherwise ordered, to report thereon, within four weeks, or ask for further time. contracts. SECT. ii. No committee shall enter into any contract with any of its members, nor purchase or authorize the purchase of any articles of any such member. Approval of SECT. 12. No chairman of any committee shall bills. audit or approve any bill or account against the city for any supplies or services, unless ordered so to do JOINT RULES. 269 by vote of the committee at a meeting regularly called, which vote shall be certified by its clerk. SECT. 13. Joint standing committees shall cause Records - records to be kept of their proceedings, in books provided by the city for that purpose. SECT. 14. All reports and other papers submitted Re P rts - to the city council, shall be written in a fair hand, and the clerks of the boards, respectively, shall make copies of any papers to be reported by committees, at the request of the respective chairmen thereof. SECT. 15. No business shall be transacted by the city council in convention, except such as shall have been previously agreed on, unless by unanimous consent. Business in con- ventions. SECT. 1 6. Every joint resolution shall have as Mannerof p a ing Joint Rei many readings in each board as the rules of that lutions - board require, after which the question shall be, on passing the same, and when the same shall have been passed, it shall be sent to the other board for concurrence, and when such resolution shall have so passed in each board, the same shall be enrolled by the clerk of the common council, and examined by a committee of that board; and, on being found by said committee to be correctly enrolled, without fur- 270 JOINT RULES. ther reading or question shall be signed by the pres- ident of the common council, and sent to the other board, where a like examination shall be made by a committee of that board, and, if found correctly enrolled, the same shall be signed by the mayor. Manner of pass- SECT. 1 7. Every ordinance shall have as many ing ordinances. J J readings in each board as the rules of that board require, after which the question shall be on passing the same to be enrolled, and when the same shall have passed to be enrolled, it shall be sent to the other board for concurrence ; and when such ordi- nance shall have so passed to be enrolled in each board the same shall be enrolled by the clerk of the common council, and examined by a committee of that board, and, on being found by said committee to be correctly enrolled, the same shall be reported to the council, when the question shall be on passing the same to be ordained, and when said ordinance shall have so passed to be ordained, it shall be signed by the president of the common council, and . sent to the other board, where a like examination shall be made by a committee of that board, and, if found correctly enrolled, the same shall be reported to the board, and the question shall be on passing the same to be ordained ; and when the same shall have passed to be ordained, it shall be signed by the mayor. JOINT RULES. 271 SECT. 1 8. After the annual appropriations shall Appropriations after the have been made, no subsequent expenditure shall be annual appro- priations. authorized for any object, unless provision for the same shall be made by a specific transfer from some of the appropriations contained in the annual order, or by expressly creating therefor a city debt ; but no such debt shall be created, unless the order author- izing the same, pass by the affirmative votes of two- thirds of the whole number of each branch of the city council, voting by yeas and nays. SECT. 19. No expenditure shall be made for the Extra ap pro P ri a . tions. providing of armories for the use of military compa- nies, for the celebration of holidays, and for other purposes of a public nature, unless the order author- izing said expenditure shall be adopted by a vote of two-thirds of the members of each branch of the city council present, and voting by yeas and nays. SECT. 20. The city clerk shall be clerk of the city ^ c i erk to be J > clerk of city coun- council in convention and also clerk of all joint com- mittees where no other provision is made. cil when in con- vention. SECT. 21. All salaried officers chosen by the city Elections - council shall be elected by ballot and in all elections by ballot, blanks shall be reported but not counted as votes. 272 JOINT RULES. Parliamentary SECT. 22. When the two branches are in conven- practice. tion, and there occurs any difference of opinion in regard to modes of proceeding not otherwise pro- vided for, the city council shall be governed by parliamentary practice as set forth in " Cushing's Manual of the Law and Practice of Legislative Assemblies." RULES AND ORDERS BOARD OF ALDERMEN. SECTION i. The order of business shall be as follows : First. The mayor shall call the board to order, order of business. and if a quorum be present, shall cause the roll to be called, and the names of the absentees recorded. Second. The journal of the previous meeting shall be read. Third. Petitions, reports and other papers re- quiring the action of the common council shall be called for, and be disposed of by reference or other- wise. Fourth. The orders of the day shall be taken up meaning by the orders of the day, the business remaining unfinished at the previous meeting, and such communications as may have been subsequently sent up from the common council. Fifth. New business may be introduced by any member of the board. 25 2/4 RULES AND ORDERS OF THE ALDERMEN. Sixth. Such nominations, appointments and elections as may be in order, shall be considered and disposed of. Manner of pass- SECT. 2. Every ordinance shall pass through the ing ordinances. following stages before it shall be considered as having received the final action of this board, viz : first reading, second reading, passage to be enrolled, passage to be ordained ; and every joint resolution shall have two several readings, before the question shall be taken on its final passage. HOW resolves SECT. 3. A resolve, an order for appropriating be dre'posed'of! money, or an ordinance, may be rejected at either stage in its progress, but may not pass through all its stages in one day except by general consent. committees. SECT. 4. Standing committees shall be appointed on assessments for sewers ; on assessments for street betterments ; on enrollment ; on bills in the second reading, and on elections and returns. interruptions. SECT. 5. No member shall be interrupted while speaking, but by a call to order, or for a correction of a mistake, nor shall there be any conversation among the members while a paper is being read, or a question stated from the chair. RULES AND ORDERS OF THE ALDERMEN. 275 SECT. 6. The foregoing rules, and order of suspension of rules. business, shall be observed in all cases, unless suspended for a specific purpose by a vote of two- thirds of the members present. SECT. 7. All committees shall be appointed and Appointraent of 1 1 committees. announced by the mayor, unless the board shall determine otherwise. RULES AND ORDERS OF THE COMMON COUNCIL RIGHTS AND DUTIES OF THE PRESIDENT. calling to order, SECTION i. The president shall take the chair calling the roll, and reading min- at the hour apppomted for the meeting, call the utes. members to order, and, if a quorum be present, cause the roll to be called, and the names of the absentees recorded. He shall then call for the reading of the minutes of the preceding meeting, and proceed to business. Questions of or- SECT. 2. He shall preserve order and decorum, der and appeals. may speak to points or order in preference to other members, and shall decide all such questions, sub- ject 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 Nomination of decided. He shall also nominate all committees not elected by ballot, unless the council shall determine otherwise. committees. RULES AND ORDERS OF THE COMMON COUNCIL. 277 SECT. 3. He shall arise to address the council, to President may . read, sitting state facts, or to put a question, but may read sitting. f SECT. 4. When a question is under debate, the order of prece- dence. president shall receive no motion but to adjourn, to lay on the table, for the previous question, to postpone to a certain day, to commit, to amend, or to postpone indefinitely ; which several motions shall have precedence in the order in which they are arranged. He shall declare all votes, but if a Doubted votes. vote be doubted he shall order a return of the number voting in the affirmative and in the nega- tive without any further debate. SECT. 5. He may call any member to the chair President may . ' . i i i take p art in tor a period 01 time not extending beyond an debate. adjournment ; and when out of the chair, the presi- dent may participate in any debate ; but shall not resume the chair while the same question is pend- ing; and on going into a committee of the whole, Committeeofthe he shall appoint the chairman. SECT. 6. Questions shall be propounded in the order of P ro- . r 1 pounding ques- order in which they are moved; unless the subse-tions. quent motion be previous in its nature : except that in naming sums and fixing times, the largest sum and the longest time shall be first put. 278 RULES AND ORDERS OF THE COMMON COUNCIL. motions. Disposition of SECT. 7. After a motion is stated by the presi- dent, it shall be disposed of by a vote of the council, unless withdrawn by the mover before an amendment or decision. Motions to ad- SECT. 8. A motion to adjourn shall always be .in journ, and to lay on table. order ; that, and the motion to lay on the table, shall be decided without debate. previous ques- SECT. 9. The previous question shall be put in tion. this form : " Shall the main question be now put ? " It only shall be admitted when demanded by a majority of the members present ; and, until it is decided, shall preclude all amendment and debate of the main question, and after the adoption of the previous question, the sense of the council shall forthwith be taken upon amendments reported by a committee, upon all pending amendments, and then upon the main question. Yeas and nays. SECT. io. On all questions and motions what- soever, the president shall take the sense of the council by yeas and nays, provided one fifth of the members present shall so require. when two or SECT. 1 1 . When two or more members rise more members in i rise at the same at the same time, the president shall name the member who is to speak first. RULES AND ORDERS OF THE COMMON COUNCIL. 279 RIGHTS AND DUTIES OF MEMBERS. SECT. 12. In the absence of the president, the President p ro - temfore. member present whose election is of the earliest date shall call the council to order, and preside until a president pro 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. When any member is about to speak in the Mannerof speaking. council, he shall rise in his place and respectfully address the presiding officer, confining himself to the question under debate, and avoiding personali- ties. SECT. 13. No member shall be mentioned in the Personalities - debate by his name, but may be described by the place he occupies, or such other designation as may be intelligible and respectful. SECT. 14. No member speaking shall be inter- interruptions. rupted by another, but by a call to order or to correct a mistake. SECT. 1 5 . No person shall speak more than Number of times a member may once on a question, to the prevention of any other speak on the same ques- who has not spoken and is desirous to speak; more than twice without the consent of the board ; and all questions relating to priority of business, shall be taken without debate. 28O RULES AND ORDERS OF THE COMMON COUNCIL. Members to re- SECT. 1 6. When the president or any other main seated. member is speaking, no one shall stand up, or pass unnecessarily before the person speaking. Reducing mo- SECT. 1 7. Every motion shall be reduced to tions to writing. writing if the president or any member require it. Reconsideration. SECT. 1 8. A motion to reconsider a vote shall only be in order at the same or the meeting next Postponement of SUCC eeding that at which the vote was passed. If motions to recon- sider. a motion is made to reconsider a vote at the same meeting at which it is passed, and it is moved to postpone its consideration until the next meeting, such motion to postpone shall require for its adop- tion the affirmative vote of but one-fourth of the Proviso. members voting ; and, provided further, that no action of the council upon a motion to reconsider a vote, upon an incidental or subsidiary question, shall- remove the main subject under consideration, from A motion to re- before it. When a motion for reconsideration is consider cannot be reconsidered, decided, that decision shall not be reconsidered. Motion to post- The motion to "postpone until the next meeting" pone not debata- ble - the consideration of a motion to reconsider a vote, shall not be debatable, and shall not be in order, on and after the last Monday in December. Aii members SECT. 19. Every member who shall be in the present shall vote. council when a question is put, shall give his vote, RULES AND ORDERS OF THE COMMON COUNCIL. 28 1 unless the council for special reasons excuse him, or unless his private interest is involved therein. SECT. 20. No motion or proposition on a subject Amendments - different from that under consideration, shall be admitted under color of an amendment. SECT. 21. All reports may be committed or committing and re-committing. re-committed at the pleasure of the council. And when a motion is made to refer a subject, and when different committees are different committees are proposed, the question proposed, shall be taken in the order following : A standing committee of the council. A select committee of the council. A joint standing committee. A joint select committee. SECT. 22. All questions shall be divided when Div i sions0 f the sense will admit of it, if called for by any qu member of the council. SECT. 23. No rule or standing order of the R U i es may be council shall be suspended, unless three-fourths of " the members present consent thereto ; nor shall any rule or order be repealed or amended, without one day's notice being given of the motion therefor, Repeal of rules and orders. nor unless a majority of the whole council concur therein. 282 RULES AND ORDERS OF THE COMMON COUNCIL. serving on SECT. 24. No member shall be obliged to serve committees. on more that two committees at the same time, nor be chairman of more than one nor on any commit- tee having in charge matter touching his individual interest. Parliamentary SECT. 25. All differences of opinion in regard to Law. points of order or modes of proceeding not other- wise provided for, shall be governed by Parliamen- tary practice, as set forth in Cushing's " Law and Practice of Legislative Assembles." COMMUNICATIONS, COMMITTEES, REPORTS, RESOLU- TIONS, ETC. communications. SECT. 26. All papers addressed to the council shall be presented by the president, or by a mem- ber in his place, and shall be read by the president, clerk, or such other person as the president may request, and shall be taken up in the order in which they were presented, unless when the council shall otherwise direct. committees. SECT. 2j. Standing committees shall be ap- pointed on bills in the second reading, on enroll- ment, and on elections and returns. sitting. SECT. 28. No committee shall sit during the sitting of the council, without special leave, except RULES AND ORDERS OF THE COMMON COUNCIL. 283 the committee on the second reading of bills and ordinances, and the committee on enrollment. SECT. 20. The rules of proceeding in the council Rules to apply to committee of shall be observed in the committee of the whole, so thewhole< far as they may be applicable, except the rule limit- ing the times of speaking. SECT. 30. When a committee is nominated by Chairmen o M J committees. the chair, the first person named shall be the chair- man. In elections of committees by ballot, when the chairman is not specially chosen, the person having the highest number of votes shall act as chairman, and in case of an equality of votes between two or more members of a committee, the members thereof shall choose a chairman. SECT. 31. All ordinances, orders and resolutions, ordinances, etc., shall have two shall have two several readings before they shall be readings, finally passed by the council. SECT. 32. All ordinances, before being read a Ordiu , ances > how J passed. second time, shall be referred to the committee on the second reading of bills and ordinances ; and after being reported upon by said committee, shall be again read, after which second reading the question shall be on passing the same to be enrolled. An ordinance shall not pass through all its stages in one day. 284 RULES AND ORDERS OF THE COMMON COUNCIL. ordinances, & c ., SECT. 33. All ordinances, orders or resolutions, authorizing ex- penditure or imposing penalties or authorizing the expenditure of loans, or impos- ing penalties, money, whether the same may have been appropri- ated or not, and all orders or resolutions authorizing a loan, shall have but one reading on the same day, provided, however, that nothing herein contained shall prevent the passage of an order at any meet- ing of the council, to authorize the printing of any documents relating to the affairs of the city. seats. SECT. 34. The seats of the common council shall be numbered, and determined by lot, and no mem- ber shall change his seat, but by permission of the president. of how many SECT. 35. All committees of the council shall committees shall consist. consist of three members, unless a different number Reports. be specially ordered. And no report shall be received from any committee, unless actually assem- bled ; and all reports shall be in writing. Reports to be SECT. 36. It shall be the duty of every commit- made within four weeks. tee of the council to whom any subject may be specially referred, to report thereon within four weeks, or ask further time. ELECTIONS. officers, how SECT. $*] . All salaried officers shall be chosen by elected. ballot ; blanks shall be reported, but not counted as votes. RULES AND ORDERS OF THE COMMON COUNCIL. 285 DUTIES OF CLERK, ETC. SECT. 38. The clerk shall keep brief minutes of Dutiesofclerk - the votes and proceedings of the council, entering thereon all accepted resolutions ; shall notice reports and memorials, and other papers submitted to the board, only by their titles, or a brief description of their purport. When the yeas and nays are taken, the clerk shall call the names of all the members except the president; in alphabetical order. SECT. 30. The clerk of the common council shall sha11 r have "* "^ * tody of records. keep the record of committees who may require that service ; and on the appointment of every standing committee, a book for record shall be provided by its chairman or by said clerk; and the clerk shall have the custody of all the minutes by him kept, and the records of the several committees shall be open to the inspection of the members of the city council. SECT. 40. The clerk shall notify, in writing, the shaii notify , . rii r i i r i chairmen of chairmen of all committees of the council, of the committees . of appoint- appomtment of such committees. ments. CITY OFFICERS. Elected by the citizens l>y ballot in wards on the Tuesday next following the second Monday of December, annually : MAYOR, for the municipal year next following his election, - 8 ALDERMEN, for two years from the first Monday of January next following their election, 8 COMMON COUNCILMEN, for two years from the first Monday of Jan- uary next following their election, 8 ASSISTANT ASSESSORS, for the municipal year next following their election, - 23 WARDENS, for the municipal year next following their election, - 5 INSPECTORS OF ELECTIONS, for the municipal year next following their election, - 5 WARD CLERKS, for the municipal year next following their election, 5 SCHOOL COMMITTEE, for three years, from the first Monday of January following their election, 24 Elected by City Council in Convention, in Jamiary : AUDITOR, for one year, - - ' 108 COMMISSIONER OF HIGHWAYS, for one year, - 108 COMMISSIONER OF PUBLIC GROUNDS, &c., for three years, - 108 TREASURER AND COLLECTOR OF TAXES, for one year, - 108 CITY ENGINEER, for one year, - 108 CITY CLERK, for one year, - - 108 COMMISSIONER OF HOPE CEMETERY, for five years, - - 109 MESSENGER, for one year, - 108 SOLICITOR, for one year, - 108 WATER COMMISSIONER, for one year, - . 108 WATER REGISTRAR, for one year, - - 108 SUPERINTENDENT OF PUBLIC BUILDINGS, for one year, - 109 SUPERINTENDENT OF SEWERS, for one year, - - 109 CITY OFFICERS ELECTED. 287 COMMISSIONER OF THE JAQUES FUND AND OTHER FUNDS OF THE CITY HOSPITAL, for three years, - 109 In February or March: ASSESSOR OF TAXES, for three years from his election, - 109 In December : CHIEF ENGINEER OF THE FIRE DEPARTMENT, for one year from the first Monday in January next ensuing, 45, 109 FOUR ASSISTANT ENGINEERS OF THE FIRE DEPARTMENT, for one year from the first Monday in January next ensuing, - 45, 109 Two DIRECTORS OF FREE PUBLIC LIBRARY, for six years, from the first day of January next ensuing, - 109 Two OVERSEERS OF THE POOR, for three years from the third Monday in January next ensuing, no more than one member of the board, shall be eligible from any one ward, - - 22, 109 Elected by concurrent vote in January : FOUR TRUSTEES OF THE CITY HOSPITAL, 109 One member of the board of aldermen, two members of the common council, for one year, one citizen at large, for four years, - - 1 06 In February : THREE FENCE VIEWERS, for one year, - 109 FIELD DRIVERS, for one year, - 109 POUND KEEPER, for one year, - 109 SURVEYORS OF LUMBER, for one year, - - 106 Elected by concurrent vote biennially in February or March : i ONE REGISTRAR OF VOTERS (who shall be Clerk of the Board), for two years, from his election, - - 109 Elected by concurrent vote in December: ONE COMMISSIONER OF THE SINKING FUNDS, for three years, from the first Monday of January next ensuing, - - no i The present term began March 24, 1879. 288 CITY OFFICERS APPOINTED. Appointed by the Mayor and Aldermen, in January : * CITY PHYSICIAN, for three years, from his appointment, - - no ONE MEMBER OF THE BOARD OF HEALTH, for two years from the first Monday in February next succeeding, - no CITY MARSHAL, for one year, - - 1 1 1 Two ASSISTANT MARSHALS, for one year, - 1 1 1 CAPTAIN OF NIGHT POLICE, for one year, - -in POLICEMEN, for one year, - 1 1 1 CONSTABLES, for one year, - - 1 1 1 In March : SEALER OF WEIGHTS AND MEASURES, for one year, - no MEASURERS OF WOOD, BARK, &c., for one year, - no WEIGHERS OF HAY AND OTHER ARTICLES, - - no FUNERAL UNDERTAKERS, for one year, no INSPECTOR OF MILK, for one year, - - no WEIGHERS OF COAL, for one year, (St. 1870, ch. 205, sec. 2). INSPECTOR OF VINEGAR, for one year, (St. 1880, ch. 113). INSPECTOR OF PETROLEUM, &c., for one year, 169 In October : AN INSPECTOR OF ELECTIONS FOR EACH WARD, for three years from the first day of November then next succeeding, - no Elected by the Common Council: PRESIDENT, 10 CLERK, - 10 Elected by the School Committee : SUPERINTENDENT OF SCHOOLS, - 179 TRUANT OFFICERS, (St. 1873, ch. 262, sec. 2), i The present term began March 24, 1879. IN DEX. ABATEMENT, see Assessors, Water Committee, S*c. ACCOUNTS, see Auditor, Finance Committee and Treasurer. to be collected only by the treasurer, unless other officers have special authority, 103. accounts and books, to be kept under the direction of the finance committee, 132. accounts to be certified, as directed by the finance com- mittee, 133. to be paid, only on order of the finance committee, except, &f., 132. to be approved by the proper officer, before payment, 132. money collected on, to be paid to the treasurer monthly, 103. books of, to be audited by auditor, 103. against the city, to be given to the auditor, 100. doubtful bills, to be presented to the finance committee, 100. ACTIONS. See City Solicitor. ACTS ADOPTED, 246. ACTS OF INCORPORATION, free public library, 84. gas light company, 78, 81, 82. city charter, 3. town, 1. ACTS PUBLISHED, act incorporating the town, 1. city charter, 3. election of mayor, 34. control of city property, 35. registrars of voters, 36. water, 40, 45, 51, 52, 53, 58, 59, 64, 66, 68. sewers, 68, 72. sidewalks, 76. 26 290 INDEX. ACTS PUBLISHED. Continued. streets, 77. gas, 78, 81, 82. free public library, 84. fire department, 85. Worcester Protective Department, 87. Boston, Barre and Gardner Railroad, 91. city hospital, 94. slaughter houses, 94, 95. park and reservoir, 96. ADMINISTRATION of fiscal affairs, &c., 3. ALDERMEN, see Mayor and Aldermen. board of, to consist of eight members, 3. with the mayor and common council, to constitute the city council, 3. votes for, to be declared and recorded, in open ward meet- ing, 8. their election, 8.. failure to elect, 9. term of office to be two years, 30. elected to fill vacancies, 30. how notified when elected, 9. to declare vacancies in board, 11. vacancies, to be filled by election, 11. to be sworn, 4. by whom, 10. quorum, majority to be, 4. city clerk to be clerk of, 16. convention to organize city government, 10. members not present at the convention, 11. officers elected or appointed, 286. to examine the copies of records of ward meetings, 8. when to declare result, 8, note. to notify person elected mayor, 9. if no election, or person elected refuses to accept, to issue new warrant, 9. to declare vacancy in the office of mayor, 9. duties in filling vacancies in the office of mayor, 9. duties when the mayor elect dies, 34. INDEX. 29! ALDERMEN. Continued. special meetings may be called by the mayor, 11. president pro tetnpore, to be chosen in mayor's absence, 11. he shall preside at conventions, in mayor's absence, 11. mayor to preside, 12. he has no vote, 12, note. to receive no compensation, 4. contracts with the city, 4, note 1. may direct the city clerk, 16, 220. to be judges of the election of members, 11. to keep a record, 11. not to be elected, &c., to office of emolument, &c., 14. to confirm or reject appointments, 14. when they reject, the mayor shall make another nomination, 14, note. first election under charter, 30. commands, opinions, &c., how expressed, 105. one alderman to be trustee of city hospital, 106. two aldermen to be elected to finance committee, 131. may license the alteration, &c., of wooden buildings, 147. may license the moving of wooden buildings, 147. may license erection of mills, &c., outside of fire limits, 148. may examine records of overseers of the poor, 166. may require information of the overseers of the poor, 167. may impose conditions upon the keeping, &c., of camphene, &c., 169. may revoke licenses, 170. may direct city physician, 172. duties as to mortgages, 126. rules and orders of, 273. ALMSHOUSE, directors of, overseers of the poor to be, 22. AMENDMENT of charter, 30. AMUSEMENTS in streets regulated, 210. ANIMALS, fast driving of, 206. not to go at large in any street, or go on any sidewalk, 207. not allowed on any public square or common, 178. not to be tied to lamp posts, trees, &c., 208. fighting of, prohibited, 211. INDEX. ANNUAL ELECTION of city officers, 4, note 2. APPEALS. See Streets, Sewers, Sidewalks, Water, &c. APPRENTICES, pawn brokers, &c., not to deal with, 168. APPROPRIATIONS, city council to see that they are not exceeded, 16. for the free public library, 84. for water purposes, 43, 48, 56. for schools and school houses, 24. for public grounds and shade trees, 18. board of health not to exceed, 158. for city hospital, not to be exceeded, 108. when exhausted, 100. AQUEDUCT COMPANY. See Water. purchase of, by city (in first charter), 29. ASSESSMENTS. See Sewers, Sidewalks, &c. mayor and aldermen to make, 234. ASSESSORS, election and compensation of, 23, 109, 111. organization, 97. quorum, 97. tenure of office, 23, 97. vacancies, how filled, 23, 111. assessments, how made, 23, 98. duties of clerk, 97. to be ex qfficio, a member of the board of registrars of voters, 37, 98. tax list shall be delivered to collector, on or before Septem- ber first, 98. list to indicate residence of persons assessed, 98. when to add assessments to taxes, 73. St. 1878, ch. 249. may call upon assistant assessors for aid, 98- to aid registrars of voters, 27, 98. ASSISTANT ASSESSORS, when and how elected, 23. to be residents of their respective wards, 23. when no election, meeting may be adjourned, 25. duties of, 23. shall be sworn, 24. to aid registrars of voters, 27. ASSISTANT MARSHALS. See Police. INDEX. 293 AUDITOR, election, compensation, and removal of, 15, 108, 111. tenure of office, 15, 111. vacancy in the office, 99. to give a bond, 99 shall audit the accounts of all city officers, 103. to have custody of treasurer's bond, 220. shall keep accounts, 99. to notify city council, when appropriation is exhausted, 100. to report state of appropriations, 100. to furnish certain information, 100. to present estimates and reports, 100, 101. to make returns to the assessors, 102. city officers, &c., to furnish information to, 101. departments, &c., to return special taxes to auditor, 102. auditor, to deliver special taxes to treasurer, 103. to be clerk of certain committees, 100. commissioner of highways, to report to auditor, sales, &c., 115. treasurer, to report payment of mortgages to, 126. to countersign mayor's drafts, 132. contracts exceeding one thousand dollars to be given to, 125. bills against the city, to be given to, 100. doubtful bills, to be presented to finance committee, 100. water bills, to be first approved by water committee, 229. to report to city council the expense, &c., of sidewalks, 186. expense of repairing sidewalks, 187. shall sign and register certificates of indebtedness, 220. office room and office hours, 234. AUSTIN STREET BROOK, power over, 69. AWNINGS, how erected, 208. removal of, 209. not to be injured, 211. BALL, games of, in streets, 210. BARK, see Hay, &c. inspection of, may be regulated, 27. measurer of, to be appointed, 110. compensation, removal, vacancies, 111. stands for sale of, 196. duties of measurer, 197, 198. sales regulated, 198. 294 INDEX. BATHING, so as to be exposed to view prohibited, 211. BELL POND. See Wafer. BEHAVJOR, by hackmen, &c., 153. in streets, &c., 214. BELLS, shall not be rung, to give notice of business, 205. BILLS. See Accounts. BILLS, not to be posted, on buildings, etc., without the consent of the owner, 205. BIRDS, laws for the protection of, how suspended, 27. fighting of, prohibited, 211. BLASTING, regulated, 204. BOARD OF HEALTH. See Health. BONDS, shall be given by all city officers, 234. constables, 13. city marshal, 13. by all officers receiving, &c., money, 16. who shall have custody of, 220. BOOKS AND ACCOUNTS, to be kept under the direction of finance committee, 132. See Accounts. BOSTON, BARRE & GARDNER RAILROAD, city may subscribe to stock in, 91. proceedings, 92, 93. BOUNDARIES OF WARDS. 237. BOXES, posting bills, &c., on, 205. BUILDING AND BUILDINGS. See Fire Limits. buildings to be numbered, 104. what buildings shall be covered with fire proof material, 146, 148. how demolished in case of fire, 135. obstructing streets, 202. posting notices, &c., on, 205. erection of, adjoining streets, &c., 206. bathing in view of, 211. using profane language near 214. loafing around, 215. shall not be moved in streets, without license, 203. dangerous on account of combustible materials, 135, 136. INDEX. 295 BUILDING AND BUILDINGS. Continued. alteration of wooden buildings, 147. moving wooden buildings, 147. snow and ice, to be removed from roofs of, 213. water from roofs, not to be allowed to run over streets, &c., 213. inspection of, 218. proceedings if not properly built or used, 218. BULLETIN BOARDS, erection of, 205. BURIAL. See Undertakers. Commissioners of Hope Cemetery. BURNING FLUID. See Camphene. BY-LAWS. See Ordinances. CAMPHENE, no person to keep camphene, without license, 168. to be inspected, 169. conditions and limitations of licenses, 169. who may inspect the premises, &c., 170. revocation of licenses, 170. violation of licenses, 170. CARTS. See Carriages, Hackney Carriages. CARRIAGES, not to obstruct travel, 207. not to stop on any flagstone, or footwalk, 207. not to be driven over any hose pipe, 206. not allowed on sidewalks, 206. children's carriages excepted, 206. rate of speed, 206. See Hackney Carriages. CATTLE, not to go at large in streets, 207. not to go upon any common, or public square, 178. CELLAR DOORS, upon streets, how protected, 210. CELLARS near streets, to be covered, 210. CEMETERIES. See Undertakers, and Commissioners of Hope Cemetery. CENTRE OF THE CITY, order establishing, 245. CENTRAL PARK, lying on seats, or playing games, 179. CHARCOAL, stands for sale of, 196. not to stand at other places, over ten minutes, 196. duties of measurers, 197. sales regulated, 198. 296 INDEX. CHARTER, certain acts to vest in city, 24, 29. charter may be amended or repealed, 30. to be void unless accepted, 32. repeal of certain acts, 31. repeal, not to annul former repeal, 32. when meetings shall be held to adopt charter, 33. mayor, to make proclamation, 33. for other provisions, see the appropriate title. CHIEF ENGINEER OF FIRE DEPARTMENT. See Fire Department. CHILDREN. See Truants. CHURCHES, erection of stables near, 195. loafing in or around, 215. CISTERNS to be covered, 210. CITIZENS, general meetings of, to be held on request, 28. CITY AUDITOR. See Auditor. CITY BUILDINGS. See City Property. CITY CHARTER. See Charter. CITY CLERK, election, compensation and removal of, 15, 108, 111. shall be sworn, 16. tenure of office, 15, 111. general duties of, 16, 112. who may direct, 16, 112. shall perform duties, &c., imposed by law, 16. shall deliver records, &c., to his successor, 16. shall be clerk of board of aldermen, 16. duties in relation to streets, sidewalks, &c., 112. in relation to sewers, 112, 69 note. - in relation to dogs, 127. hackney carriages, &c., 153. to superintend the printing of city document, 105, shall be keeper of the city seal, 112. may administer oath to the mayor, 10. shall report to the city council, all fees received by him, 112. shall issue licenses, 234. shall furnish auditor, with accounts of assessments, 112. to sign warrants, for calling meetings, 226, 227. INDEX. 297 CITY CLERK. Continued. to be ex officio, a member of the board of registrars of voters, 36, 112. to record oaths of city council, 10. to read the certificate, when the mayor is not elected, 10. all city officers, to be sworn and give bond, &c., 234. CITY COUNCIL, to be sworn, 4. by whom, 10. quorum, 4. election of, 8. vacancy or failure to elect, 9, 11. organization of, 10. sittings to be public, except when engaged in executive business, 14. mayor, shall preside at meetings of, 12. to have a casting vote only, 12. veto power, 12 note. in his absence, the president of the aldermen pro tempore, 11. shall fix salary of mayor, 12. may elect mayor, in case of vacancy, 9. municipal affairs, &c., to be vested in, 3. convention, to organize the city government, 10. special meetings, 11. form of votes, 105. joint rules and orders of, 265. members, to receive no compensation, 4. not to be interested, in contracts with the city, 4 note 1. not to be elected, &c., to any office of emolument, &c., 14. to have the care of the city property, 35. may purchase property, 35. for park and reservoir, 96. leasing land, for slaughter houses, &c., 95. may waive formalities, in contracts, 125. may order payment of money, 132. shall require bonds, of officers receiving, &c., money, 16, power to number buildings, 104. v | may direct what lamps shall be lighted, 163. locate lamps, 163, 27 298 INDEX. CITY COUNCIL. Continued. when to establish wards, 4. may regulate Worcester Protective Department, 88, to regulate extension of gas pipes, and the quantity of gas furnished, 81. regulate fishing in reservoirs, 68. may suspend certain laws, 27. statutes adopted by, 246. may require professional services of solicitor, 193. solicitor to attend the meetings of, 193. may demand information of treasurer, 220. may examine records of the overseers of the poor, 166. may demand information of overseers of the poor, 167. may make rules for the clerk of the overseers of the poor, 165. may prescribe duties of city clerk, 112. of auditor, 101. may direct city physician, 172. city marshal to obey the orders of, 174. committee of, may inspect securities and record of sinking fund commissioners, 189. power over sinking funds, 192. may direct the negotiation of loans, 132. committee of, may direct engineer, 130. to establish public scales, 196. shall furnish office room and aid, for the registrars of voters, 39. may require commissioners of public grounds, &c., to report, 19. may require commissioners of Hope Cemetery to report, 21. may require board of health to present estimates, 159. members of, since 1848, 248. APPROPRIATIONS to be made for library, officers, &c., 84. for school houses and schools, 24. shall see that no money is paid out, unless appropriated, 16. for public grounds and shade trees, 18. for water. See Water. BY-LAWS. May make by-laws, 29. penalty, not to exceed twenty dollars, 29. INDEX. 299 CITY COUNCIL. Continued, fires and persons at fires, 85. fire limits, 17. St. 1872, ch. 243. fines for breach of, to be paid to city, 29. by-laws passed by, to be termed ordinances, 104. enacting style of such ordinances, 104. may make by-laws for the inspection of lumber, wood, hay, coal, and bark, 27. for the assessment, &c., of taxes, 23. rules and regulations for water, 241 note, 54. See Water. for city hospital, 94. FIRE DEPARTMENT, charter provisions, 15, 27. Statute provisions, may establish a fire department, 85. regulate by ordinance, 85. regulations for fires and persons at fires, 85. may act by agents, &c., 86. elect engineer, 15, 85. ordinance concerning, 134, FIRE LIMITS, power to establish, 17. St. 1872, c. 243. regulate construction of buildings, 17. make rules to insure against fire, 17. OFFICERS, elected by, 286. charter provisions, statute provisions, compensation, removal, &c. See their titles. ordinance regulating election, 108. to appoint, &c., all subordinate officers, 16. ordinance giving power to mayor and aldermen, 111. fix compensation and define duties, 16, 111. SEWERS, authority to build, 26, 68. may require pay for their use, and may compel'their use, 26. shall build, and keep in repair, all main drains, &c., 183. to regulate the use of sewers, 183. to direct the construction of particular drains and may order changes in them, 184. . may fix the boundaries of certain brooks, etc., 69. may take and hold land, water rights, &c., for sewer purposes, 70. may issue scrip, to be called sewer scrip, 71. 3OO INDEX. CITY COUNCIL. Continued SIDEWALKS. Charter Provisions. power to lay sidewalks, 17. the city to set curbstones, and pave gutters, 17. may require persons to pave sidewalks, 17. may construct them on refusal, 17. may recover expense of owner, 17. Special Statute Provisions. may grade and construct sidewalks, &c., 76. may assess abuttors the whole expense, 76, assessments to be a lien, 76. apportioning assessments. See St. 1878, c. 249. ordinances regulating, 185. may construct temporary footpaths, 187. not to assess for grading street, setting curbstone, &c., 186. may order repairs, 187. assess on the abuttors the expense thereof, 187. STREETS, power to lay out, 25. under the betterment law, 25 note. mayor and aldermen to act first, 25. in public commons, &c., 25, note. parties may appeal, 26 note, 25. may establish grade of private streets, 201. may close private streets, 201. may change the names of streets, 202. may name new streets, &c., 202. WATER, may direct the use of powers, 29, 47. may fix rates, 41, 47, 54, 56. rules and regulations, 41 note, 54. may borrow money and give bonds, 43, 48, 55, 58. may appropriate money to meet the bonds, 43, 48, 56, 58. CITY DOCUMENTS, how printed, bound and distributed, 105. CITY ENGINEER, election of, 108. compensation, removal, vacancies, 111. term of office, 111. shall be responsible for his assistant, 130. INDEX. CITY ENGINEER. Continued. to have charge of all plans of streets, sidewalks, and water pipes, 129. shall make a record of streets and sidewalks, 129. shall visit all dams, &c., quarterly, 130. m shall report annually, 130. make plans for dams, &c., 130. to be clerk of certain committees, 130. to make such surveys, &c., as are required, 130. to fix bounds of streets and public grounds, 206. all officers to be sworn and give bonds, 234. office room and office hours, 234. CITY GOVERNMENT, catalogue of, since 1848, 248. table of officers and when and by whom elected, &c., 286. CITY HOSPITAL, power to establish, 94. city council may make ordinances, &c., 94. trustees, board of, ,to consist of seven persons, 106. to have entire care of city hospital, 106. present trustees to continue, 106. election of trustees, 106, 109. removal and compensation of, 111. vacancies, 106, 111. to organize, 107. quorum, 107. to make rules, &c., 107. appoint physicians, agents, &c., 107. may lease land, buildings, &c., and buy furniture, &c., 107. city hospital, for what established, 107. special patients, 107. trustees shall present estimates and report, 108. appropriations not to be exceeded, 108. commissioners of Jaques and other funds to be elected, 109, 118. to have the entire care of hospital property, 118. to serve without compensation, 118. present commissioners, to continue in office, 118. term to be three years, 118. 3O2 INDEX. CITY HOSPITAL. Continued. vacancies, 118. removal of, 111. to organize, 119. quorum, 119. how to invest funds, 119. . pay surplus to city treasurer, 119. may sell real estate, 120. to report, 121. general bequests income only to be used, 121. bonds, oaths, &c., 234. CITY MARSHAL, See Police. to be appointed by mayor and aldermen, 12. may be removed by mayor and aldermen, 13. may be required to give bond, 13, 234. all officers receiving, &c., money, shall give bond, 16. to have the powers and duties of constables, 12. to be ex officio, a member of the board of the overseers of the poor, 22. shall have charge of all constables, assistant marshals, and police officers, 173. shall report to mayor and aldermen any violation of duty, 173. shall "pass through streets, lanes, &c., observe nuisances and remove them, 173. to report defects in streets, roads or highways, to commis- sioner of highways, 173. shall prosecute all offenders, 173. shall enforce all laws and ordinances, 173. shall receive complaints for violation of ordinances, 173. when complaint of disturbance by dogs is made, 127. power over hoisting apparatus, 208. who may direct, 174. duties relating to health, 174. shall keep a descriptive list of all persons arrested, 175. to keep a record of his doings, 175. mayor and aldermen, may inspect the record, 175. INDEX. 303 CITY MARSHAL. Continued. may establish rules for the government of the police, sub- ject to approval, 177. to abate nuisances, 173, 174. to report, 175. may receive payment for extra police service, 221. office hours, 173. CITY MESSENGER. See Messenger. CITY MONEYS. See Auditor, Treasurer, Accounts, Finance Committee and Sinking Funds. CITY OFFICERS, city and ward officers, election of, 4. list, and elections, &c., of, 286. ordinance regulating, 108. for details see their respective titles. tenure of office, 111. compensation, how fixed, 111. except treasurer, not to collect money without special authority, 103. when they collect, to pay to treasurer monthly, 103. auditor to audit their accounts, 103. to furnish information to auditor, 101. to be sworn and give such bonds as the mayor aud alder- men require, 234. offices, and office hours, 234. members of city council not to be elected, &c., to any office of emolument, 14. to aid registrars of voters, 27. CITY PHYSICIAN, appointment and removal of, 15, note 1. compensation of, 15. ordinance regulating election, &c., 110, 111. who may direct, 172. to hold for three years, 15 note 1, 111, 171. to be, ex ojficio, a member of the board of health, 15 note 1, 157, 171. shall report to city council, 171. general duties of, 171, 172. office, and office hours, to be fixed by mayor and aldermen, 234. 304 INDEX. CITY PROPERTY, city council to have management of, 35. may purchase, 35. CITY SEAL, ordinance establishing, 181. city clerk shall be keeper of, 112. deeds, &c., to be sealed with, 126. licenses to be sealed with, 234. CITY SOLICITOR, election, compensation, and removal of, 15, 108, 111. tenure of office, 15, 111. duties of, 193. shall report to city council annually, 194. CITY OF WORCESTER, charter of, 3. city council since 1848, 248. CLERICAL LABOR, not to be employed without the concur- rence of the finance committee, 133. CLERK. See City Clerk, &*c. COACHES. See Hackney and ol her Carriages. COAL, inspection of, &c., may be regulated, 27. in quantities of over five hundred pounds, to be weighed, 198. not to remain in streets, 202, 204, 209. COASTING regulated, 205. COLLECTOR OF TAXES. See Treasurer. COMMISSIONER OF HIGHWAYS, election of, 15, 108. compensation, term of office, and removal of, 15, 111. shall superintend the streets, &c., 113. shall attend to grading, repairs, &c., 113. remove obstructions, 113. may order obstructions removed, 204. make certain contracts, 113. have charge of certain property, 113. break out roads after snow storms, 113. guard unsafe places, 113. make estimates of proposed alterations, &c., 114. to keep accounts and report to auditor, 115. to repair roofs, &c., 115. grade, &c., sidewalks, 186. to keep an account of the expense and report to auditor, 186. to make repairs of sidewalks, 187. INDEX. 305 COMMISSIONER OF HIGHWAYS. to report to auditor the expense, 187. to place stone monuments at the angles of streets, 201. may cause temporary obstructions to be removed, 204. may receipt for certain money, 221. shall report to city council, 116. oaths, bonds, office room and office hours, to be regulated by mayor and aldermen, 234. COMMISSIONERS OF HOPE CEMETERY, election and removal of, 19, 109. tenure of office, 19, 117. vacancies, 20. shall meet and organize, 20. quorum of, 20, 117. powers of, 20. may sell rights of burial, 21. the title is indivisible, 21, note. to report, 21, 117. deeds to be executed by the city treasurer, 21. shall be in the name of the city, 21. proceeds to be paid into city treasury, 2 1 . oaths, bonds, &c., 234. secretary, duties of, 117. COMMISSIONERS OF THE JAQUES FUND, AND OTHER FUNDS OF THE CITY, HOSPITAL, election of, 109, 118. compensation and removal of, 111, 118. to have the entire care of hospital property, 118. present commissioners to continue in office, 118. to hold three years, 111, 118. vacancies, 118. to organize, 119. quorum, 119. investments, 119. to pay surplus to city treasurer, 119. may sell real estate, 120. to report, 121. general bequests, income only to be used, 121. for bonds, oaths, &c., see City Officers. 306 INDEX. COMMISSIONERS OF PUBLIC GROUNDS, &c. See Public Grounds. election of, 17, 108. compensation, 111. term of office, 17, 111, 122. vacancies and removals, 18, 111. quorum, 18, 122. organization of, 18, 122. to have care of the grounds and shade trees, 18, 178. may allow trees, &c., to be removed, &c., 204. may lay out grounds, &c., as money is appropriated, 18. may set trees in streets, 19. may make by-laws, 19. shall report to city council, 19. secretary, duties of, 122. See City Officers for bond and oath. COMMISSIONERS OF SINKING FUNDS. See Sinking Funds. COMMITTEE ON FINANCE. See Finance Committee COMMITTEE ON HIGHWAYS AND SIDEWALKS, powers over streets, &c., 113. See Streets, Sidewalks. COMMITTEE ON LIGHTING STREETS, duties of, 162, 212. COMMITTEE ON MILITARY AFFAIRS, may authorize salutes, 134. COMMITTEE ON WATER. See Water Committee. COMMON COUNCIL, election of, 8. votes for to be declared, recorded, &c., in open ward meeting, 8. meetings may be adjourned, when there is no election, 8. with mayor and aldermen, to constitute city council, 3. to consist of twenty-four members, 3. elected to fill vacancies, 31. to hold for twojrears,^31. quorum of, 4. shall judge of the election of members, 11. to keep a record,^!!. INDEX. 3O7 COMMON COUNCIL. Continued, certificates of election to, 8. to be sworn, 4. by whom, 10. how organized, 10. clerk of, when and how elected, 10. to be sworn, 10. to hold during the pleasure of the council, 10. to record certificate of oath, 10. president of, when and how elected, 10. to be, ex officio, a member of finance committee, 131. convention to organize city government, 10. not present at the convention, how sworn, 11. municipal affairs, &c., vested in city council, 3. to declare vacancy in office of mayor, 9. convention to fill the vacancy, 9. when the mayor elect dies, 34. officers elected by city council, 286. not to receive salary, 4. failure of election and vacancies, 11. special meetings may be called by the mayor, 11. sittings to be public, except, &c., 14. commands, opinions, principles, facts, or purposes of, how expressed, 105. two members, to be elected trustees of city hospital, 106. three members, to be elected to finance committee, 131. may direct the treasurer, 220. may require services of city physician, 172. may require services of city solicitor, 193. solicitor to attend meetings of, 193. to approve laying out streets, 200. members of, not to be elected, &c., to any office of emolu- ment, &c., 14. first election under charter, 31. contracts with the city, &c., 4, note 1. rules and orders of, 276. COMMONS. See Public Grounds. COMMON DRAINS. See Sewers. 308 INDEX. COMMON SEWERS. See Sewers. COMPENSATION of officers fixed by city council, 15, 111. of subordinate officers, 16. See their respective titles. COMPLAINTS. See City Marshal. CONCURRENT VOTE, officers elected by, 287. CONDUCTORS not to discharge water on streets, &c., 214. alteration of, 115. CONSTABLES, appointment and removal of, 13, 123. shall give bonds, 13, 123. to keep fees for serving civil process and pay city fees for serving criminal process, 123. to kill dogs running at large in violation of orders, 128. to receive one dollar therefor, 129. to be under supervision of city marshal, 173. when persons obstruct sidewalks, 215. service of warrants for meetings, 226, 227. CONTAGIOUS DISEASES. See Health. CONTRACTS, payment in advance, of money due on, 132. record of votes to be made, &c., 123. exceeding one hundred dollars, 123. exceeding five hundred dollars, 124. exceeding one thousand dollars, 124. competitive bids, 124. city council may waive formalities, 125. to contain provision that city may pay certain claims, 125. CONVENTION, mayor shall preside in, 12. in his absence, president, pro tempore, of aldermen to pre- side, 11. to organize city government, 10. to elect officers, 15, 17, 19, 22, 23, 108. to fill a vacancy in the office of mayor, 9. COUNTY COMMISSIONERS, appeals to. See Streets, Sewers, Sidewalks and Water. COUNTY OFFICERS, election of, 27. COWS, not to go on commons, 178. CRACKERS. See Fireworks, Gunpowder, &c. CURB-STONES. See Sidewalks. INDEX. 309 DANGEROUS DISEASES. See Health. DAY AND NIGHT POLICE. See Police. DEAD BODIES. ' See Undertakers. DEEDS, &c., how executed, 126. of hospital land, 121. of rights of burial, 21. mortgages to be discharged, &c., by mayor, with the appro- bation of the aldermen, 126. DIRECTORS OF ALMSHOUSE, overseers of the poor to be, 22. DIRECTORS, of Free Public Library. See Free Public Li- brary. DIRT, not to remain in streets, 202, 204. DISEASES. See Health. DISORDERLY CONDUCT, in streets and public places, 214. DISTRICTS OFFICERS, election of, 27. DOGS, how and when to be licensed, 127. fee for license, 127. disorderly dogs may be removed from the city, 127. when they may be killed, 128. mayor and aldermen, may order dogs to be muzzled or restrained, 128. service of such order, 128. special service of such order, 128. persons violating such order, 128. dogs running at large to be killed, 128. killing dogs, reward for, 129. DOORS, not to swing over sidewalks, &c., 211. DOOR-STEPS, not to be built into streets, 208. obstructing, 215. DRAINS. See Sewers, Health. DRAIN LAYERS. See Sewers. DRIVERS, of carriages. See Hackney Carriages. DWELLING HOUSES, firearms not to be discharged near,134. using profane language, &c., near, 214. loafing around, 215. See Health. 3io INDEX. ELECTION AND APPOINTMENT, of officers, ordinance regulating, 108. list of officers, with the time and manner of election or ap- pointment, 286. elections to be in wards, &c., 27. for details, see their respective titles. of school committee may be held on separate day, 24, note 1. statute provisions, 27, note. see Registrars of Voters, Warrants, to apportion the assessments when requested, 72. to re-assess, when invalid, 74. INDEX. 327 MAYOR AND ALDERMEN. Continued. STREETS, shall act first on petition to lay out, &c., streets 25. in commons, &c., 25 note. appeal, 25, 26 note. shall give notice previous to laying out streets, 199. shall meet and hear interested parties, 200. may then proceed to lay out streets and fix the boundaries thereof, 200. to report proceedings to common council, 200. may license obstructions and excavations in, 202. moving, &c., buildings in, 203. may impose conditions on license, 203. licensee to give bond, 203. designate stands for hay, &c., 196. may permit goods, &c., to extend over streets, 209. may order signs, awnings, &c., projecting over streets, to be removed, 209. may license carrying swill and offal in, 162. may allow posts to be erected or removed, 204. blasting rocks, &c., in or near, 204. regulate coasting in, 205. may allow gas company to open ground in, 79, 83. license water carts, 205. bulletin boards, 205. merchandise in streets, &c., 202, 209. private streets to be graded to satisfaction of mayor and aldermen, 77. when owners refuse, &c., 77. proceedings not to be construed as an acceptance of the street, 78. to be forty feet wide, unless the mayor and aldermen con- sent, 26, 78. MEASURERS, of wood, bark, &c. See Hay, Wood, &c. to be appointed in March, annually, 110. removals, vacancies, 111. MEASURES. See Sealer. MEETINGS, for municipal purposes, 4, 8, 23, 24. general meetings to consult, to instruct representatives, &c., 28. 328 INDEX. MEETINGS .Continued. to be held on request of fifty voters, 28. warrants for, form and service of, 225, 226. MEETING HOUSE, loafing in or around, 215. MELTING ESTABLISHMENTS, city may take land for, 95. MERCHANDISE, not allowed in streets, 202, 204. hoisting over streets, 208, 209. MESSENGER, election of, 108. to have care of city hall building, 163. his duties; 163. compensation, term of office, and removal of, 111. METERS. See Water. MILITARY AFFAIRS, committee of, may authorize firing salutes, 134. MILK. See Inspector of Milk. MILL BROOK, power over, 14, 69. MILLS, &c., erection of, 148. MINORS, to drive hackney carriage, &c., only when specially licensed, 156. pawnbrokers, not to deal with, 168. MONEY. See Auditor, Finance Committee, and Public Money. MORTGAGES, mayor authorized to discharge, 126. may assign, &c., 126. MULES. See Horses. MUNICIPAL AFFAIRS, vested in city council, 3. MUNICIPAL OFFICERS, election and appointment of, for details, see their respective titles. ordinance concerning, 108. list of, 286. MUNICIPAL YEAR, to begin January first, 4. for fire department, 142. financial year, 219. NAMES OF STREETS. See Streets. NATIONAL OFFICERS, election of, 27. NATURALIZED CITIZENS, how registered as voters, 39. NEAT CATTLE. See Horses. NEGLECTED CHILDREN. See Truants. INDEX. 329 NOMINATIONS, to be made by the mayor, 14. when rejected, 14 note. NORTH POND. See Water. NOTICES, posting of, 205. NUISANCE. See Health. NUMBERS, of buildings, to be regulated by city council, 104. OATH, all city officers to be sworn, 234. OBSTRUCTIONS. See Streets. not to be placed in streets, 202. travel not to be obstructed, 207. OFFAL, license to collect, 162. OFFICERS, see their respective titles ; also, Subordinate Officers, City Officers. list of, 286. OFFICES ,of city officers, to be designated by mayor and alder- men, 234. OMNIBUS. See Hackney Carriages. ORDER, establishing the centre of the city, 245. ORDINANCES, city council may establish. such as towns may by general law, 29. inspection, &c., of lumber, wood, hay, coal and bark, 27. for the city hospital, 94. for fire department, 85. for fire limits, 17. St. 1872, chap. 243. fires and persons at fires, 85. fines, &c., for violation of, to be paid to city, 29. not affected by repeal of certain acts, 31. regulating water, 41 note, 47, 54, 56. violation of fire limits ordinance, 148. St. 1872, chap. 243. penalty for violation, 29, 235. repeal of a repealing ordinance, not to revive former ordi- nance, 235. certain ordinances repealed, 235. form of, 104. how promulgated, 235. commissioners of public grounds may make, 19. engineers may make, 135. school committee may make, 180. 3 1 33O INDEX. ORDINANCES. Continued. when to take effect, 236. ORNAMENTAL TREES, injury of, 204. posting bills on, 205. tying horses, &c., to, 208. OVERSEERS OF THE POOR, election of, 22, 109. vacancies, compensation and removal, 22, 111. number of members to be nine, 21. to be residents of the city, 21. only one to be elected from a ward, 22. members, ex-qfficio, 22. mayor, to be president, 22. tenure of office, 22. organization, 22. duties and powers of, 22. what books shall be kept, 166. may be examined, 166. meetings when held, 166. report to city council, 166. to report in detail, articles sold from poor farm, 221. duties in relation to truants, 22. clerk may or may not be a member, 165. shall be sworn, 165. general duties, 165. shall be governed by the rules, &c., of the overseers or city council, 165. to make returns, 165. OXEN, not to go at large in streets, 207. not to be tied to lamp posts, trees, &c., 208. not to go on commons, 178. not to go on sidewalks, 206. PARKS. See Public Grounds. PARK AND RESERVOIR. See Water. city may buy land for, 96. PARSONS BROOK. See Water. PAWNBROKERS, may be licensed, 167. shall keep books, 167. shall enter therein, a description of all property, &c., 167. INDEX. 331 PAWNBROKERS. Continued. books may be examined, 167. examination of articles, 168. not to receive articles from a minor or apprentice, 168. license, what to contain, 168. PAYMENTS, from treasury. See Public Money. PENALTIES, &c., for violation of ordinances, to be paid to city, 29. not affected by the repeal of certain acts, 235. amount of, 235. fire limits, ordinance, 148. St. 1872, c. 243. PETROLEUM. See Kerosene, Camphene. PHYSICIAN. See City Physician. PIEDMONT BROOK, power over, 69. PINE MEADOW BROOK, power over, 69. PLACARDS, posting of, 205. PLATFORMS, not to be built into streets, 208. PLUMBERS, to make returns, 232. POLICE, administration of, vested in the mayor and aldermen, 12. they may appoint marshal, assistants, and other officers, and remove at pleasure, 12, 13 note. ordinance for appointment, &c., 111. term of office, 111. marshal and assistants, have powers, and duties of con- stables, 12. of whom police department shall consist, 172. shall be under the supervision of city marshal, 173. may be governed by rules made by city marshal, 177. for special duty, 176. CITY MARSHAL, to give bond, 13, 172. to have charge of constables, assistant marshals and police officers, 173. shall be, ex qffitio, member of the board of the overseers of the poor, 22. shall report violation of duty, 173. nuisances and obstructions to streets, &c., 173. to receive complaints for violation of city ordinances, 173. 332 INDEX. POLICE. Continued. office hours to be designated by mayor and aldermen, 173. report defects in the streets, &c., to the highway commis- sioner, 173. shall prosecute offenders, 173. to enforce the laws, 173. who may direct, 174. power over hoisting apparatus, 208. when complaint of disturbance by dogs is made, 127. duties as to health, 174. to keep at the station a description, &c., of persons ar- rested, 175. shall keep a record of the doings of his office, 175. mayor and aldermen may inspect the records, 175. to report to city council, 175. to make rules, 177. may receive payment for extra police service, 221. ASSISTANT MARSHALS to give a bond, 175. under marshal and mayor and aldermen to perform the duties prescribed for marshal, 176. may act as day and evening police, 176. . duties at fires, 176. duties of officers as to water, 176. when persons obstruqt sidewalks, 215. fees, penalties, &c., to be paid to city, 177. duties as to dogs, 127, 128. fee for killing dogs, 129. POLLS, warrants to state the time of opening and closing, 228. PORTICOS, not to be built into streets, 208. not to be obstructed, 215. POSTS, shall not be erected or removed without license, 204. injuring guide posts, lamp posts, &c., 211. POSTERS, posting of, 205. POUND KEEPERS, election, compensation and removal of, 109, 111. term of office, vacancies, 1 1 1. duties of, 177. POWDER. See Fireworks, Gunpowder, &>c. 333 PRESIDENT OF COMMON COUNCIL. See Common Council. to be, ex qfficio, a member of finance committee, 131. PRESIDING OFFICER, of mayor and aldermen, aldermen to elect in mayor's absence, 11. PRINTING, city document, 105. PRIVATE DRAINS, owner to pay for opening into sewer, 26. owner may be compelled to open into sewer, 26. See Sewers. PRIVATE STREETS. See Streets. PRIVIES. See Health. PROFANE LANGUAGE, prohibited, 153, 214. PROSECUTIONS. See Police. PROTECTIVE DEPARTMENT. See Worcester Protective Department. PRUDENTIAL AFFAIRS, administration of, vested in city council, 3. PUBLIC BUILDINGS. See Superintendent of Public Buildings. to be under care of city council, 35. PUBLIC GROUNDS. See Commissioners of. laying out streets in, 25 note. riding, &c., a horse upon, forbidden, 178. injuring, &c., trees, &c., 204, 205. injuring fences around, 178. filth, &c., not to be taken on, 178. dirt, &c., not to be carried away, 178. nuisances, not to be committed on, 178. no grazing animal, or fowl, shall go upon, 178. no person shall lie upon seats in, 179. fire arms not to be discharged in or across, 133. stands for the sale of hay, 196. playing games on, 179. fighting of birds, &c., on, 211. erecting fences, &c., adjoining, 206. PUBLIC HALLS, loafing, in or around, 215. PUBLIC LIBRARY. See Free Public Library. PUBLIC MONEY, how paid from the treasury, 132. persons receiving, &c., shall give bonds, 16. PUBLIC MONEY. Continued. due in advance on contracts, when mayor may order pay- ment, 132. to be paid into treasury monthly, 103. not to be paid unless granted, &c., 16. who may receipt for, 221. PUBLIC PLACES. See Public Grounds, Streets. PUBLIC PROPERTY, to be under care of the city council, 35. PUBLIC SCALES, to be established by the city council, 196. PUBLIC SQUARES. See Public Grounds, Streets. QUINSIGAMOND POND. See Water. QUORUM. See the title of the board. RAILROADS, bathing in view of, 211. See Boston, Barre 6 Gardner Railroad. RECEIPT, of treasurer, is the only valid discharge, except, &c., 221. RECORDS, to be kept by each board, 11. of oaths, 10. of vacancy in office of mayor, 9, 10. REGISTER OF VOTERS. 38 note. REGISTRARS OF VOTERS, board of, of whom composed, 36. city council, to elect one registrar, who shall hold no other city office, 36. election of, 36, 109. person so elected, to be clerk of the board, 37. vacancies, 37. to be sworn, 37. compensation, 37, 111. removal, 111. to perform all the duties, &c., of mayor and aldermen, about voting lists, 37. treasurer to report, and furnish aid to, 38. may call for assistance of city officers, 27. shall prepare lists, and have access to assessors books and lists, 27, 38. persons whose names are not on lists, cannot vote, 28. how put on, after list is given to ward clerk, 28, and 28 note. INDEX. 335 REGISTRARS OF VOTERS, Continued. to give lists to ward clerks, 27, 37. to post lists in each ward, 28. at state elections, how and where to post lists, 38. to give notice of close of registration, and of sessions to revise the lists, 39. to hold sessions to revise lists, 39. penalty for neglecting or refusing to perform duties, 40. false names and false answers, 39. office room, and aid to be furnished by city council, 39. REGISTRATION, to cease when, 38. names, how added, after the close of registration, 38. NATURALIZED CITZEN, to produce papers and satisfy regis- trars that he is legally naturalized, 39. to swear that he is the person to whom the papers were issued, 39. need not be required to produce papers after they are once passed on, 39. WOMEN, may vote for school committee, 24 note. REGISTRATION. See Registrars of Voters. REGULATIONS. See Ordinances. REMOVAL OF OFFICERS. See their respective titles. nominated by the mayor, 11. RENDERING ESTABLISHMENTS, city may take land for. 95. REPEAL, of acts inconsistent with the charter, 31., not to revive original act, 32, 235. of ordinances, 235. effect on officers, 32, 235. not to affect acts done, &c., 31, RESERVOIR, may buy land for, 96. See Water. ROADS AND BRIDGES. See Commissioner of Highways. ROCKETS. See Fireworks. ROOFS, not to discharge water on streets, sidewalks, &c., 214. how they may be altered, 115. removal of snow and ice, 213. RUBBISH, not to be thrown into streets, 202, 204. RUDE behaviour by hackmen, &c., 153. INDEX. RULES AND ORDERS, of the city council, 265. of the board of aldermen, 273. of the common council, 286. RULES AND ORDINANCES. See Ordinances. SALARIES. See the titles of the officers respectively. SALUTES, firing of, 134. SCHOLARS. See School Committee. SCHOOLS. See School Committee. SCHOOL COMMITTEE, when and how elected, 24. if there is no choice, meeting may be adjourned, 25. election may be held on separate day, 24 note 1. women may vote for, 24 note 1. may be elected to, 24 note 2. mayor to be a member, 24. duties of the city about schools, 24. tenure of office, 24. may appoint and fix compensation of a superintendent, 24 note 3, 179. a majority vote of the whole board is necessary, 24 note 3, 179. tenure of office of superintendent, 179. his duties, 179. committee to be judges of the necessity of increased accom- modations for schools, 180. shall estimate expenses for the current year, 179. to inform the city council of such necessity, 180. location and alteration of school houses, 180. may cause scholars to be vaccinated, 180. scholars not to attend school unless vaccinated, &c., 180. committee may make rules and regulations, 180. appropriations for schools, how made, 24. SCHOOL HOUSES, appropriations for, 24. not to be located or altered, without the consent of the committee, 180. city council to have the care of, 35. SEAL, 181. See City Seal. SEALER, of weights, &c., to be appointed annually, 110. INDEX. 337 SEALER. Continued. removal, vacancies, 111. duties and compensation, 181. SEWERS, city council may construct and pay damages, 26. may lay, make and maintain common sewers, 68, 183. compensation for the use of, 26. city council may compel the use of, 26. may regulate their use, 183. water from roofs to be taken into, 214. rights of citizens, 69. power over certain brooks, 69. may take land, &c., 70. damages how assessed, 70, 74. who shall be assessed for betterments, 70. assessments to constitute a lien for two years, 70. may be enforced by sale after ninety days, 70. when validity, &c., of assessment is drawn in question, 73. to be apportioned on request, 72, St. 1878, ch. 249. proceedings, 72. re-assessed when invalid, 74. costs, 74. collection of assessments, 102, 221. city may offer judgment, 75. parties aggrieved may apply to county commissioners, 71, 74. may have a jury, 71 note, 75 note. city may issue scrip, 71. plans, records of changes, assessments, &c., to be kept in the .clerk's office, 69 note, 112. particular drains, 183, 184. sewers to be laid in centre of the streets, 183. not to be obstructed, 184. not to be used without a permit, 183. drain layers, not to make an entrance till licensed, 184. to give a bond, 184. sewer committee to report, 185. sewer debts, when payable, 190. sinking fund, 191. 32 338 INDEX. SEWERS. Continued. SUPERINTENDENT, to be elected in January, 109. compensation and removal, 111. term of office, vacancies, 111. to have charge of sewers, 182, to grant permits and make a record, 183. to keep an account, 184. to report with a schedule, 184. SHADES, erection of, 208. not to be injured, 211. removal of, 209. SHADE TREES AND PUBLIC GROUNDS. See Commis- sioners of Public Grounds. &c. setting out trees, in streets, 19. not to post bills upon trees, &c., 205. injury of trees, &c., 204. tying horses, &c., to, 208. SHEEP, not to go at large, 207. SICKNESS. See Health. SIDEWALKS. See Streets. charter provisions, 16, 17. city may require abuttors to pave walks, and keep them in repair, 17. when they neglect to do so, 17. city to set curbstones, and pave gutters, 17. special statute provisions, 76. order for laying out, to be filed, 185. to be recorded, 216. grade and boundaries to be established, 16, 76. commissioner of highways, to grade, &c., 113, 186. to report expense to auditor, with names of abuttors, 186. repairs, 187. the whole expense may be assessed on abuttors, 76. ordinance regulating what shall be assessed, 186. apportionment. St. 1878, ch. 249. collection of assessments, 102, 221. repairs, alterations, &c.. 113, 114. unsafe places to be guarded, 113. INDEX. 339 SIDEWALKS. Continued. water spouts, &c., not to discharge water on, 214. how removed, 115. penalty, 214. signs, awnings, &c., regulated, 208. mayor and aldermen may remove, 209. sink water, &c., not to run over, 211. gates and doors not to swing over, 211. standing on, so as to obstruct travel, 215. loafing on, 215. temporary footpaths may be laid out, 187, 216. sidewalks not to be obstructed, &c., 202, 204. all animals and vehicles prohibited from being on side- walks, 206. animals shall not go at large on, 207. porticos and door steps shall not extend into, 208. hoisting goods over, 208. goods, wares, &c., shall not extend over sidewalk more than three feet, 209. coal and wood shall not remain upon, 209. wood shall not be sawed upon, 210. standing on, with saw horse, 210. doors, doorways, &c., to be kept closed, 210. cellars, &c., to be closed, 210. snow shall be removed from, 212. ice to be removed or covered, 213. meaning of the word sidewalk, 216. when it is included in the word street, 215. SIGN BOARDS, how erected, 208. removal of, 209. not to be injured, 211. SINKING FUNDS, commissioners of to be elected, 110, 188. compensation, removal, vacancies, 111. board to consist of three persons, 188. the treasurer and members of the city council, ineligible, 188. in case of vacancy, 188. to organize, 188. city treasurer may be treasurer of sinking funds, 188. any other treasurer to give a bond, 188. 34-O INDEX. SINKING FUNDS. Continued. commissioners to keep a record, 189. to have the sole care of all sinking funds, 188. to report to city council, 189. record and securities may be inspected, 189. compensation of treasurer, 189. commissioners to receive no compensation, 189. commissioners to report in detail, 189. investments, 190. bonds to be stamped, 190. not to apply sinking fund, &c., to payment of interest, 190. renewal of funded debts, 190. when debts to be payable, 190. sewer debts, 191. water debts, 191. when debt is contracted, sinking fund to be established, 191. use of sinking funds, 191. what funds go to the sinking funds, 192. what sinking fund to be applied to, 192. SINK WATER, not to flow into streets, 211. SLAUGHTER HOUSES, &c., city may take or buy land for, 94, 95. damages, how paid, 96. may lease the same, 95. SLEIGHS. See Hackney Carriages. SLIDING in streets, &c., regulated, 205. SMALL -POX. See Health, School Committee. SNOW, to be removed from sidewalks, 212. from roofs, 213. SNOW BALLS, not to be thrown in streets, 210. SOLICITOR. See City Solicitor. SPECIAL MEETINGS, of the city council, or either branch thereof, may be called by the mayor, 11. SPECIAL POLICE. See Police. SPIRITS OF TURPENTINE, use of, 148. SQUARES. See Public Grounds and Streets. STABLES, for over four horses, 195. not to be within one hundred feet of any church without consent, &c., 195. INDEX. 341 STAGE COACH. See Hackney Carriages. STANDS, for hay, straw, wood, bark, and charcoal, to be designated by mayor and aldermen, 196. sellers to stand' only at the places designated, 196. STATE OFFICERS, election of, 27. STATUTES ADOPTED, 246. STATUTES OF INCORPORATION. See Acts of 'Incorpora- tion. STATUTES PUBLISHED. See Acts Published. STEPS, not to obstruct streets, 208. STONES, not to be thrown in streets, 210. STRAW. 'See Hay. STREETS. LAYING out, altering, and discontinuing. power of the city council in relation to, &c., 25. mayor and aldermen to act first, 25. width of streets, 26, 78, 201. manner of laying out, &c., 199, 200. to be laid out, only on petition, 199. notice to be given, 199. what notice shall specify, 199. all parties interested, to have a hearing, 200. proceedings before laying out, &c., 200. boundaries, to be fixed by mayor and aldermen, 200. damages, to be estimatad before laying out, 200. stone monuments to be placed at angles, 201. damages, 25. under the betterment law, 25 note. laying out, in commons, &c., 25 note. appeals to, 25, 26 note 1 . PRIVATE streets, to have grade fixed by city council, 201. city council may close the same, 201. abuttors to grade private streets, 77. proceedings in case of neglect or refusal, 77. grading, by the mayor and aldermen, not to be an accept- ance of the street, 78. STREETS, in general. commissioners of highways to have the care of, 113. INDEX. STREETS .Continued. to guard unsafe places, 113. to break them out after snow storms, 113. repairs, alterations, &c., 113, 114. streets shall be called by the names they are now called, till the same are changed, 202. names may be altered by city council, 202. may name new streets, &c., 202. ground shall not be dug up in any street, 202. mayor and aldermen, may allow gas company to open ground in, 79, 82. obstructions of, prohibited, 202. what obstructions maybe licensed, 202. conditions and limitations, to be imposed, 203. persons licensed, to indemnify the city, 203. prohibitions defined, 204. posts shall not be erected, or removed, without permission, 204. shade trees, &c., shall not be injured, 204. setting shade trees in, 19. rocks, &c., shall not be blasted within fifty rods of any street, &c., 204. bells shall not be rung in any street, to give notice of any business, 205. horns, or other instruments, not to be used for same, 205. no cutlery shall be ground, or goods sold in any street, 205. streets shall not be watered with a watering cart, without a license, 205. bills, &c., not to be posted on buildings, &c., without con- sent of the owner, &c., 205. bulletin boards may be erected, 205. stands for sale of hay, &c., 196. to stand only at places designated, 196. coasting prohibited, except in places designated, 205. buildings and fences not to be erected till bounds are ascertained, 206. horses, oxen, vehicles, &c., not allowed upon side- walks, 206. INDEX. 343 STREETS. Continued. children's carriages may be drawn upon sidewalks, 206. carriages shall not be driven over any hose or pipe in use at a fire, 206. fast driving prohibited, 206. teams shall not be stopped so as to obstruct streets, 207. teams shall not be stopped upon flag or stepping stones, or foot-walks, 207. animals shall not go at large or pasture, in streets, 207. no team shall be left unfastened, in any street, 207. teams shall not be fastened to any lamp post, shade tree, shrub, vine, or to any fence in any street, 208. doorsteps, &c., not to extend into street, 208. hoisting goods over street, 208. awnings, signs, &c., how erected, 208. removal of, 209. how and when merchandise, &c., may be placed in streets and over sidewalks, 209. coal and wood not to be left in streets, 209. wood sawing prohibited on sidewalks, 210. standing on sidewalk with saw horse, &c. , prohibited, 210. when certain doors are to be closed, 210. cellars, vaults, &c., are to be kept closed, 210. amusements prohibited in streets, 210. fighting of birds and other animals, prohibited in streets and public places, 211. firearms, not to be discharged in or across streets, &c., 13-3. bathing, unclothed, 211. sink water not to run into any street, 211. doors and gates shall not swing over, 211. fences, signboards, &c., not to be injured, 211. street lamps shall not be lighted or extinguished, without permission, 212. snow shall be removed from sidewalks, 212. ice to be removed or covered, 213. snow to be removed from buildings, 213. water from roofs, &c., not to flow on streets, &c., 214. roofs, &c., how altered, 115. 344 INDEX. STREETS. Continued. penalty, 214. disorderly behaviour in streets, &c., 214. profane or insulting language, &c., 214. loafers not to remain on sidewalks, or in public places, 2 15. streets not to be obstructed by persons standing together, 215. duties of police officers, 215. swill and offal, license to carry, 162. lighting streets, 162. shall not frighten horses, 215. meaning of the word " street," 215. limit of sidewalks defined, 216. SUBORDINATE OFFICERS, election, &c., of, 16, 111. to be under the supervision of the mayor, 11. duties and salary, to be fixed by the city council, 16. SUPERINTENDENT OF ALMSHOUSE, may receive pay for certain debts, 221. SUPERINTENDENT OF PUBLIC BUILDINGS, election of 109. compensation, removal, vacancies and term of office, 111. shall give a bond, 216. duties of, 217. shall be clerk of committee on public buildings, 217. to keep a record and report, 217. when he sells property, 218. to be inspector of buildings, 218. shall inspect buildings over two stories high, 218. proceedings when not properly built or used, 218. SUPERINTENDENT OF PUBLIC SCHOOLS, how ap- pointed, 24 note 3, 179. to be, ex qfficio, a member of board of overseers of the poor, 21. his duties, 179. tenure of office, 179. compensation, 24 note 3, 179. See City Officers for bond and oath. SUPERINTENDENT OF SEWERS. See Sewers. INDEX. 345 SURVEYORS OF LUMBER, election, 109. compensation and removal of, 111. SWILL AND OFFAL, licenses to carry in streets, &c., 162. SWIMMING, so as to be exposed to view, prohibited, 211. SWINE, not to go at large in streets, 207. keeping of, may be prohibited, 162. may be removed, by order of the mayor and aldermen, 162. TATNIC BROOK. See Water. TAXES. See Assessors, Treasurer. TEACHERS. See School Committee. TEAMS, not to obstruct travel, &c., 206, 207. not to stop, on footways, 207. shall be fastened, 207. how fastened, 203. fast driving, 206. TENEMENTS. See Dwelling Houses, Health. TENURE OF OFFICE. See the titles of the officers, respect- ively. THEATRE, loafing in or around, 215. THROWING stones, &c., in streets, forbidden, 210. TOMBS. See Undertakers. TOWN of Worcester, incorporation of, 1. TREASURER, election, compensation and removal of, 15, 108, 111. tenure of office, 15, 111. to be sworn, 219. financial year, to begin December first, 219. shall furnish information, 220. is the only officer that can collect money, without special authority, 103. shall report payment of mortgages, &c., 126. how to pay money, 132. bills, assessments, &c., in favor of the city, to be given to treasurer, by the auditor, 103. officers collecting money, to pay to treasurer, 103. shall sign deeds of rights of burial, 21. accounts to be audited, 103, 133. 33 346 INDEX. TREASURER. Continued. to be collector of taxes, 15, 219. shall give bond with sureties, 16, 219. shall keep accounts, 219. shall report, 219. papers and documents, to be deposited in a fire proof safe, 220. shall negotiate all loans for the city, 220. shall sign and register, certificates of indebtedness, 220. shall collect taxes, 221. manner of collecting taxes, 221. shall collect rents, assessments, &c., 221. his receipt is the only valid discharge, &c., 221. shall have custody of all bonds except his own, 220. office hours, 220. not to be a commissioner of sinking funds, 188, side note. may be treasurer of sinking fund, 188. shall make returns to registrars of voters, 38. shall furnish information to registrars of voters, 38. TREASURY. See Auditor, Treasurer, Finance Committee. TREES, planting of in streets, 19. injury of forbidden, 204. teams not to be fastened to, 208. not to post bills, &c., on, 205. TRUANTS, what children shall be deemed, &c., 222. truant officers to take them into custody, 223. truant school established, 223. TRUANT COMMISSIONERS, overseers of the poor to be, 22. TRUANT OFFICERS, to arrest truants, 223. TRUANT SCHOOL, established, 223. TRUCKS. See Hackney Carriages. TRUSTEES OF CITY HOSPITAL. See City Hospital. UNDERTAKERS, to be appointed, 110. compensation, removal, &c., 111. duties of, 223. may give permission for burial, 224. shall attend to all removals, 224. INDEX. 347 VACANCIES. See the title of the Board or Officers. to be rilled same as original appointment, 111. elections to fill unexpired term only, 111. VACCINATION OF SCHOLARS. See School Committee. VAULTS. See Health. to be covered, 210. VEHICLES. See Carriages, Fast Driving and Hackney and Other Carriages. VELOCIPEDES. See Carriages. VETO, power of mayor, 12 note. VINEGAR, inspector of, 288. VINES, injury of, 204. fastening horses, &c., to, 208. VOTERS. See Registrars of Voters. list of, how prepared, 27. to be posted, 28, 38. to be given to ward clerks, 27. what may be done when name is omitted, 38. naturalized citizen to produce papers, and satisfy registrars that he has been legally naturalized, 39. to swear that he is the person, to whom papers were issued, 39. giving false answers, 39. fifty voters may request general meeting to be called, 28. women may vote for school committee, 24 note 1. VOTES, by city council or either branch, form of, 105. for city council to be declared, recorded, &c., in open ward meetings, 8. WAGONS. See Hackney Carriages. WARDEN, election of, 5. to be elected by ballot, 4. shall be resident of the ward, 5. shall be sworn, 6. shall preside at all ward meetings 5. in his absence, the clerk presides, &c., 5. pro tempore, when to be elected, 5. warden to have the power of moderator, 5. may be sworn by the clerk, or a justice of the peace, 6. WARDEN. Continued. certificate to be recorded, 6. teuure of office, 5. failing to elect, the meeting may be adjourned, 5. votes for city council to be declared, recorded, &c., in open ward meeting, 8. to sign certificates of election to common council, 8. to sign copy of record of elections, 8. WARD CLERK, election of, and term of office of, 5. to be elected by ballot, 4. shall be resident of the ward, 7. failing to elect, meeting may be adjourned, 5. to act when warden is absent, 5. to record proceedings, and deliver records, &c., to suc- cessor, 5. shall certify the votes given, 5. may administer the oath to the warden, 6. may be sworn by the warden or a justice of the peace, 6. shall record a certificate of the oath, 6. votes for city council to be declared, recorded, &c., in open ward meeting, 8. shall deliver certificate of election to common council, 8. shall give to city clerk a copy of record of elections, certi- fied, &c., 8. list of voters to be given to, 28. pro temper e, 5. WARD MEETING, when to be held, 4 note, 8 note. form, and service of warrant for, to be directed by city council, 6. ordinance regulating, 225. adjournment of, when election of ward officers is not com- pleted, 5. when election of common councilmen is not completed, 8. votes for city council to be declared, &c., in open meeting, 8. when election of assistant assessors, and school committee, . . , is not completed, 25. when ward meetings may be held out of the ward, 6. for election of national, state, county and district officers, 27. INDEX. 349 WARD OFFICERS, election of, 4. to be chosen by ballot, 4. to be residents of their wards, 5. term of office, 5. mee.tings may be adjourned when there is no election, 5. WARD RECORDS, how to be kept, &c., 5. to be delivered by clerk to his successor, 5. certificate of oaths to be recorded, 6. votes to be recorded, 8. WARD ROOMS, where established, 6. WARDS, established and revision provided for, 4. number of, and boundaries, 237. WARES, not to obstruct streets, 202. WARRANTS, for ward and general meetings, to be issued by the mayor and aldermen, 6. form, service and return of, to be directed by city council, 6. form prescribed by ordinance, 225, 226. service and return for ward meetings, 226. for general meeting of citizens, 227. ' when there is no election of mayor, or person elected refuses to accept, 9. vacancy in the office of mayor, 9. when the mayor elect dies, 34. when there is failure to elect, or vacancy in either board, 11. statute provisions, 6 note. warrants to state time of opening and closing polls, 228. WATCHMEN, to arrest persons obstructing streets, 215. WATER. See Water Commissioner. may purchase water from Henshaw pond or Tatnic brook, 40. may purchase water of east or Lynde brook, or any other stream or pond in Leicester or Paxton, 51. See 66. right to purchase Bell pond. St. 1848, ch. 32, sec. 23 (old charter). kettle brook, 66. mill brook, 67. north pond, 67. weazel brook, 67. may purchase and hold lands, 40, 44, 51, 66, 67. 350 INDEX. WATER. Continued. shall not injure the property of any person without con- sent, 42. may take water from kettle brook, from half way river, or from mill brook or from Quinsigamond pond, 45. may take water from millstone hill through bell pond, 52. may take or purchase the water of east or lynde brook, &c. 53. Parsons brook, 64. may take Henshaw pond, 54. kettle brook, 54. may take land around ponds, &c., 46, 53, 59, 64. land, ponds, streams, &c., how taken, 60, 64. damages, how paid, 49, 57, 60, 65. offer of judgment, 62. may build and maintain aqueducts, dams, &c., 41, 46, 51, 54. may distribute water through the city, 41, 47, 51, 54. may regulate the use of water and establish rents therefor, 41, 43, 47, 49, 54, 56. may appoint commissioner, officers, agents, &c., 29, 42, 47, 55. may borrow money and issue scrip, 42, 48, 55, 58. interest and principal when payable, 43, 48, 56. ordinance regulating, 190. sinking fund to be established when debt is contracted, 190. penalty for diverting or corrupting water, injuring dams, &c., 44, 49, 56, 57 note, 62. city may maintain an action of tort for illegal use of water, 62. to be taken from reservoirs only in case of fire, without the consent of chief engineer, 141. powers relating to, to be exercised as city council directs, 1 29, 42, 47, 55. fishing in ponds, &c., without license, prohibited, 68. waste of water, 231. takers, not to supply persons not entitled to the use of water, 231. who may repair meters, &c., 232. INDEX. 351 WATER. Continued. increasing the use of water, 232. plumbers to make returns, 232. tapping street mains, &c., 232. who may take water from hydrants, 232. hydrants, &c., not to be obstructed, 233. WATERING STREETS, license for required, 205. WATER CLOSETS. See Health. WATER COMMISSIONER, election, compensation and re- moval of, 15, 108, 111. tenure of office, 15, 111. duties of, 230. shall keep hydrants, &c. , in complete order, 230. when water is to be shut off, to notify takers, 230. shall enforce regulations for the use of water, 230. shall lay such pipes as the committee direct, 230. shall set meters, 230. who may repair, &c., 232. repair injuries to streets, &c., 230. to protect the works and keep them in order, 230. notify registrar of accidents, 230. guard dangerous places, 231. how to buy or sell materials, 231. keep a daily record of height of water, 231. to report, 231. may license fishing in reservoirs, 68. bond and oath. See City Officers. WATER COMMITTEE. to have charge of water works, &c., 228. shall examine dams, &c., 228. shall have charge of contracts, &c., 228. to approve bills before the auditor allows them, 229. to report, 229. duties about meters, &c., 232. may allow street mains, &c., to be tapped, 232. may allow water to be taken from the hydrant, 232. water registrar to be clerk of, 229. to assess rates and keep a record, 229. 352 INDEX. WATER COMMITTEE. Continued. abatements, 229. committee may direct water commissioner, 230. See Water Commissioner. WATER REGISTRAR, election of, 108. term of office, compensation and removal of, 111. duties of, 229. WATER SPOUTS, not to discharge water on streets, &c., 214. alteration of, 115. WAYS. See Streets. WAYS AND MEANS. See Accounts, Auditor, Finance Com- mittee. WEASEL BROOK. See Water. WEIGHERS, election and duties. See Hay. WEIGHTS AND MEASURES. See Sealer of. WELLS, to be covered, 210. WHEELS. See Carriages. WHEEL BARROWS. See Carriages. WHEEL CARRIAGES. See Carriages. WOMEN, may vote for school committee, 24 note 1. may be elected to school committee, 24 note 2. WOOD, not to remain in streets, 209. inspection, &c., may be regulated, 27. measurers of, to be appointed, 110. compensation, removal, vacancies, 111. stands for sale of, to be appointed, 196. to stand only at places designated, 196. certificate, to express quantity in words written in ink, 197. certificate, to be given only when personally measured, &c., 197. shall keep a record, 197. mayor and aldermen may inspect record, 197. not to be sold unless measured, 198. wood not to be sawed on sidewalk, 210. WOODEN BUILDINGS. See Fire Limits. WORCESTER, charter of, 3. charter may be amended, 30. repeal of ordinances, 236. INDEX. 353 WORCESTER .Continued. duties of the town, &c., about schools, 24. incorporated as a town, 1. by-laws to remain in force, &c., 29. WORCESTER GAS LIGHT COMPANY. See Gas Light Company. WORCESTER PROTECTIVE DEPARTMENT, incorpor- ated, 87. powers and duties of, 87. not to interfere with fire department, 88. city council may regulate, 88.