USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1875 > Part 4
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GENTLEMEN : Agreeably to the requirements of the regulations adopted for the care and disbursement of the income from the Fol- lansbee fund, I respectfully submit the following annual report : Fund invested as follows :
$3000 Newburyport City Railroad Bonds $2850 00
Deposit in Five Cents Savings Bank. 150 00
3000 00
Income account stands as follows :
Unexpended balance from 1874. $ 18 51
Coupons due March 1, 1875.
105 00
Coupons due Sept. 1, 1875.
105 00
Interest on deposit November 1, 1885. 15 87
244 38
Paid per order Mayor and Aldermen:
March 25, 1875.
$33 96
June 10, 66
29 60
Sept. 6,
9 75
Nov. 11, 66
39 26
Dec. 9,
49 38
" 24, 66
65 18
227 13
Unexpended balance
$17 25
Distributed in Ward One
$126 44
66
Two. 6 25
66
Three 27 55
66 Four 17 78
66 Five 20 03
66
66 Six 29 0S
227 13
Coal, 21 tons ; wood, 4 5-8 cords sawed and split; kindlings, 16 bushels.
It will be observed by the above list that 23 families were sup- plied from the fund but once during the year, 4 families each twice, 1 family four times and one five times.
Respectfully submitted, GEORGE H. STEVENS, Treasurer. Newburyport, Dec. 30, 1875.
57
REPORTS.
PUBLIC PROPERTY.
IN CITY COUNCIL, December 30, 1875.
The joint standing committee on Public Property hereby submit their report for the closing municipal year :
Appropriation. $5,000 00
Income from rents, burial lots, &c.,. 2,436 51 $7,486 51
Expended as follows :
On account Highways.
3,112 13
School Department 1,472 90
Fire
2,230 85
Poor
308 19
66
Miscellaneous
863 55 7,987 62
Overdrawn. 551 11
The foregoing account of expenditure includes $135 10 for repairs on Kelley school house; $225 67 on Hancock street school house ; 140 00 on Ashland street school house; 1,470 00 for erection of barn and hose-tower rear of Market House.
The city teams in charge of city have been employed as follows : No. 1, in charge of Mr. Peavy.
Highways, 216 days at $5 00 a day. $1,080 00
Poor department 4 days at $5 00 a day 20 00
Fire 2 ‹‹
10 00
Fire, 13 times, at $25. 325 00
Fire alarms 5 times at $12 50. 62 50 $1,497 50
No. 2, in charge of Mr. Lowell.
Highways, 198 days at $5 00 a day. $990 00
Poor department, 15 days at $5 00 a day 75 00
Fire 3
15 00
Fires, 13 times at $25 00. 325 00
Fire alarms, 5 times at $12 50. 62 50
1,467 50
No. 3, in charge of Mr. Aldrich.
Highways, 201 days, at $5 00 a day. $1005 00
Poor department, 15 days at $5 00 a day. 75 00
Fire 4 66 20 00
Fires, 13 times, at $25 00. 325 00
Fire alarms, 5 times at $12 00. 62 50
1,487 50
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REPORTS.
No. 4, in charge of Mr. Coulliard.
Highways, 139 1-2 days at $3 00 a day $418 50
Poor department, 28 days at $3 00 a day 84 00
Fire 4 66 12 00
Fires, (hauling hose carriage) 8 times 40 00
Fire alarms, 2 times at $2 50 5 00
Sundries, 10 days at $3 00 a day 30 00
589 50
Total for 4 teams
. $5,042 00
Estimated cost of maintaining teams is as follows:
7 horses at $3 50 a week. $1,274 00
Shoeing and repairs. 150 00
3 men's wages at $50 00 a month 1,800 00
1 man's wages at $40 00 a month. 480 00 3,704 00
Balance in favor of tasms.
$1,338 00
Respectfully submitted,
For the Committee,
AMOS COFFIN, Chairman.
LIGHTING STREETS & PUBLIC BUILDINGS.
The Joint Standing Committee on Lighting Streets and Public Buildings would respectfully report :
That at the present time they have under their care 108 gas street lamps and 171 naphtha street lights. 2 gas lights and 5 naphtha lights have been added during the past municipal year.
The contract made last year with the New England Gaslight Co. of Boston, to furnish their patent apparatus for all lanterns not supplied by the Newburyport Gas Co. expired the first of July, and pending the action of the City Council on the award of a new con- tract, the work has been done by the same parties at the old rate, viz : $14 00 per post per annum.
An arrangement has been made with the Newburyport Gas. Co. by which a definite price is fixed for gas consumed in street lan- terns, viz: $13 50 per post per annum ; which, together with the
59
REPORTS.
cost of the care of the same, at 60 cents per month per post, amounts to $20 70, the cost per post per year for gas street lan- terns.
Your committee have received numerous complaints the past year of the condition of the street lights, both gas and naphtha-the former from the effects of frost, and the latter from inattention.
These circumstances are beyond the control of your committee, and the only remedy seems to be that the city shall become owners of the lighting apparatus, and employ men who shall be personally and directly responsible to your committee.
During the last two lighting periods the naphtha lights have given an excellent light and been kept in good condition. The gas lights during the same period suffered much from frost, a number varying from 6 to 17 failing to burn for several nights.
By instructions of the City Council, your committee have exam- ined an apparatus known as De Guinon's System of Lighting Streets, &c., the result of which appears in the report (which was referred to the next City Government of which the following is a copy :
CITY OF NEWBURYPORT, November 8, 1875.
The Committee on Lighting Streets and Public Buildings, who by a recent or- der of the City Government were instructed to examine and make inquiries in reference to a new apparatus known as DeGuinon's System of Lighting Streets and Buildings, have attended to that duty and would make the fol- lowing report :
The apparatus consists of an air compressor, and an air reservoir in some central locality ; a series of tanks (one to each lamp post) to contain the ma- terial to be burned; a small air tube connecting the air tank with each oil tank; and another small tube connecting each oil tank with the lamp post, through which the oil is forced to the point of combustion within the lantern. Also a water pump or clock work to compress the air, and keep it at a uniform pressure, which need not exceed 4 to 6 pounds to the square inch.
The application of the apparatus for lighting purposes is as follows: The lamp posts and their respective tanks, and the tanks for inside lighting being set, and the air tubes laid, which may not be more than 8 or 10 inches beneath the surface of the ground, (only so deep as to protect them from abrasure) and the connections being made, it is only necessary to fill the oil tank, which may hold a three or six months' supply, and set the air pump in motion to compress and force the air through the pipes.
Of the air so furnished, a portion is required to force the oil from the street lamps to the point of combustion, the remainder being passed through the material in the house tanks, and so in an impregnated form into the dwellings or stores using it. Nothing more in the way of apparatus is required, and the gas works are complete. Finally, it is only required to light the street
60
REPORTS.
lamps and the burners in the dwellings and stores, keep the air pump in mo- tion, and they will burn till the material is consumed.
The cost of the whole apparatus is-for air tank, $75 00; air pump, $50 00; oil tanks, burners, pipes, labor laying pipes, setting tanks, &c., about $20 00 per post. To substitute this plan for the one now in use in this city would cost $5,525 00.
A comparative statement of the cost of lighting by the two methods will be of interest.
The city is now paying the N. E. Gas Light Co. $14 00 per annum per post for naphtha lamps, and the Newburyport Gas Co. $20 70 per post per annum for gas lamps, amounting for the present municipal year to $4753 50. By the DeGuinon system it will cost: for material, $648 00; for care, $1146 .- 40; for repairs, (estimated) $270 00; for power to run air pump, (estimated) $200 00; total, $2284 40. From the above it appears that the new apparatus would pay for itself in about two and a half years, and after that the streets can be lighted at a cost of $8 46 per post per year, the present cost being $17 60.
In regard to inside lighting the committee would say, that when the air tubes are laid down for the street lamps it is only necessary that a proper tank be set in a suitable place, and connection made with the air pipe, the air being introduced at the bottom of the tank, and by a suitable arrangement, passed through the material, whereby it becomes charged and may be conducted through the house in the ordinary gas pipes. The parties using the gas thus made need never see or tamper with the tank as the same person who cares for the street lamps may regulate it. Those using it pay for it as in the case of ordinary gas, except that no meter is required; a given quantity of mate- rial producing an invariable quantity of gas. It requires 312 gallons of rich carbon oil worth 30 cents per gallon ($1 05) to produce 2000 feet of gas, or 50 cents per thousand feet.
In this connection it is suggested that in the event of the adoption of this or a similar plan, the city may become a dealer in gas, and by selling to inside consumers at a profit, derive therefrom a revenue sufficient to pay the cost of lighting the streets.
Your committee do not deem it expedient at this period of the present mu- nicipal year, to make any recommendations to the City Council, but to submit the foregoing facts, which they believe to be of sufficient importance to merit their reference to the next City Government.
Respectfully submitted,
For the Committee,
A. J. ATKINSON, Chairman.
Early the present year the committee removed from the audience room of the City Hall the burners so long in use there, and put in a new set of fixtures, with reflectors, at a cost of $318 00. A comparative estimate of the cost of lighting by the different meth- ods for the last nine months, shows a saving to the city of $215 26.
61
REPORTS.
The appropriation for this department for 1875 was
$6,500 00
Income, mainly from sale of old lanterns
107 00
6,607 00
Expended, (including new apparatus at City Hall,)
6,507 69
$99 31
Unexpended balance,
Respectfully submitted, .
For the Committee,
A. J. ATKINSON, Chairman.
CITY MARSHAL'S REPORT.
CITY MARSHAL'S OFFICE, { NEWBURYPORT, January 1, 1876. S
To His Honor the Mayor and City Council of the City of New- buryport :-
GENTLEMEN : I have the honor to present this my first annual report of the doings of the Police Department for the year ending December 31, 1875, with such suggestions as to me seems necessary for the future interests and welfare of the city.
The force for the past year has consisted of a marshal, captain of the watch, with four regular and two special night watchmen, and one day officer, making a total of nine officers.
As the statistical report herewith connected will show, the force has performed a large amount of work during the past year, and that it may be more effective in the future, I would respectfully suggest that it be increased in numbers, for the reasons that it is impossible to satisfactorily investigate all the complaints that are made at this office, with the present day force. It cannot be ex- pected that officers who are on duty at night can be of very great benefit or assistance during the day, and as most of the complaints are made when the night force is off duty, or at rest, it often
-
62
REPORTS.
happens that we have not the force to properly and satisfactorily perform our duty. Again, is it surprising that stores should be broken into, fires occur, and disturbances take place without the presence of the force, when we consider the extent of our city and the number employed to patrol it? If for no other reason than to properly alarm the city and and to assist in the extinguish- ment of fires, the night force should be increased. I would also respectfully suggest that measures be taken for the proper and comfortable accommodations of those who are committed to the lock- up. Its locality, the arrangement of the cells, its close proximity to sewers, the impure atmosphere and the flooding of the floors in high course of tides or heavy rains, make it not only unhealthy, but an unfit place for the purpose designed.
Street Lights. In most cities the size of our own, the street lamps are kept burning until daylight. So long as the time for their extinguishment continues with us, I would earnestly recom- mend that in some localities they be allowed to burn until morn- ing, when they can be extinguished by the force. I would also suggest than a lantern be placed in Elbow alley, so called, a retreat of many who attempt escape from the officers.
Fires. The number of fires discovered and alarms given by this department during the present year are ten. The number extin- guished without alarm, four. A Johnson pump has been furnished the force which will doubtless prove of essential benefit.
Let me call your attention to the statistical report:
ANNUAL REPORT OF THE CITY MARSHAL FOR THE YEAR END- ING DECEMBER 31, 1875.
The whole number of lodgers and criminals.
1445
66 66
758
criminals
687
males 391
66 females 54
Following is the nativity.
Irish.
683
Americans
505
English.
142
Scotch.
43
Portuguese
1
Canadians
7
Italian
2
Norwegian
1
Nova Scotian.
38
63
REPORTS.
Germans
12
Russian
1
Welsh
4
Indian
1
French
5 1445
Disposition.
Discharged. 265
Jail
104
House of Correction 55
On File 33
Cases continued.
6
Costs, no Fine.
13
Board State Charities
1
Fine and costs
139
Alms House
21
Probation
10
Appealed to Superior Court.
21
Fine, no costs
13
Reform School.
6 687
Number of warrants served and returned to the courts
428
" mittimusses " 66
121 549
Amount earned on warrants and other precepts $1017 80
Respectfully submitted, SAMUEL W. TUCK, City Marshal.
CITY GOVERNMENT -- 1876.
MAYOR, BENJAMIN F. ATKINSON.
ALDERMEN, WARD 1 .- WILLIAM THURLOW.
٠، 2 .- CHARLES H. GOODWIN.
3 .- AMOS COFFIN.
4 .- SAMUEL S. BLAKE. 5 .- EDWARD P. RUSSELL. 6 .- GEORGE E. CURRIER.
COMMON COUNCIL, T. GILLISS TODD, President. THOMAS E. CUTTER, Clerk.
Ward 1. TRUEWORTHY C. PIKE, EBEN LITTLE, JR., JACOB KNIGHT.
Ward 3. MONROE P. PERLEY, JONATHAN SMITH, T. GILLISS TODD.
Ward 5. GEORGE A. PEARSON, IRA L. DAVIS, J. OTIS WINKLEY.
Ward 2. THOMAS MACKINNEY, HOWARD P. CURRIER, ISAAC POOR.
Ward 4. EBEN F. STONE, ALBERT CURRIER, WILLIAM HOLKER.
Ward 6. SANFORD H. JOHNSON, FRANCIS L. DUNNING, JOHN W. S. COLBY.
66
CITY GOVERNMENT.
City Clerk, GEORGE H. STEVENS.
Treasurer and Collector, ALBERT W. GREENLEAF.
Secretary of Committees, GEORGE H. STEVENS.
City Messenger, JOSEPH M. TAPPAN.
City Solicitor, EBEN F. STONE.
School Committee,
WARD 1 .- EDWARD PERKINS, ISAAC P. NOYES.
2 .- N. N. WITHINGTON, RICHARD PLUMER.
" 3 .- ELISHA P. DODGE,
GEORGE W. SNOW.
66 4 .- PHILIP K. HILLS, S. A. McCONNELL.
6 6 5 .- ALVAH B. DEARBORN, HARRISON G. JOHNSON.
66 6 .- JOHN A. L. ODD'E, JOHN A. HOXIE.
Overseers of the Poor, JOHN D. PIKE, GEORGE W. WOODWELL, HORACE W. BARTLETT.
Clerk of the Board of Overseers, JOHN TEEL.
Assessors, CHARLES J. BROCKWAY, 3 years NATHANIEL GREELEY, 2 years. WILLIAM PLUMMER, 1 year,
Librarian of Public Library, . HIRAM A. TENNEY.
City Marshal, CHARLES L. AYERS.
Assistant Marshals,
JOHN H. SMITH.
SAMUEL W. TUCK,
Day Watch, JOHN W. SARGENT.
67
CITY GOVERNMENT.
JOHN G. GOVE, JAMES STANTON,
Night Watch, JACOB P. TORREY, EDWARD E. TAYLOR,
ALBERT D. HALE,
JOSEPH E. KIMBALL.
Specials,
WOOSTER SMITH,
ALEXANDER GRIFFIN
Constables,
CHARLES L. AYERS, JOHN H. SMITH,
SAMUEL W. TUCK, JOSEPH M. TAPPAN
Special Police Officers,
John G. Gove,
Jacob P. Torrey,
Albert D. Hale,
James Stanton,
Edward E. Taylor,
Joseph E. Kimball
Charles H. Lunt,
Stephen R. Fox,
Thos. A. S. Mitch ell
Wm. H. Johnson,
Chas. D. Woods,
S. P. Lake
Arthur Richardson,
John J. Hardison, John J. Noyes,
Enoch Goodwin,
James W. Welch, John H. Worthen,
Augustus Safford,
Wm. H. B. Currier,
Charles H. Allen,
John W. Dole,
William Morse,
Alexander L. Jackson,
Moses P. Towne.
CHARLES L. AYERS,
Truant Officers, SAMUEL W. TUCK, JOHN W. SARGENT.
Common Crier, ENOCH C. FLANDERS.
Mark W. Foye,
Theophilus Bradbury,
James Garrity,
John B. Goodwin,
COMMITTEES.
STANDING COMMITTEES OF BOARD OF ALDERMEN.
On Police, MAYOR, ex-officio, Aldermen RUSSELL and BLAKE.
On Elections, Aldermen CURRIER, GOODWIN and THURLOW.
On Atwood and Brown Funds. Aldermen THURLOW, GOODWIN and CURRIER.
On Putnam and Atkinson Funds, Aldermen GOODWIN, RUSSELL and THURLOW.
On Licenses, Aldermen CURRIER, RUSSELL and GOODWIN.
On Enrolled Bills, Aldermed RUSSELL, CURRIER and THURLOW.
On Bromfield Fund, Aldermen GOODWIN, CURRIER and BLAKE.
.
Follansbee Fund, MAYOR and BOARD OF ALDERMEN.
69
CITY GOVERNMENT.
STANDING COMMITTEES OF COMMON COUNCIL.
On Elections, PERLEY, KNIGHT, HOLKER. On Bills of Second Reading. JOHNSON, PEARSON, PIKE.
On Enrolled Bills, DUNNING, PEARSON, PIKE.
JOINT STANDING COMMITTEES.
On Finance, MAYOR, Alderman CURRIER, Councilmen JOHNSON, HOLKER, MACKINNEY, LITTLE, DAVIS.
On Printing, Alderman BLAKE, Councilmen PERLEY and WINKLEY.
On Public Instruction, MAYOR, Aldermen BLAKE and RUSSELL, Councilmen STONE, KNIGHT, DAVIS, JOHNSON.
On Almshouse and Poor, Aldermen THURLOW and COFFIN, Councilmen DUNNING, WINKLEY, HOLKER, PIKE, DAVIS.
On Ordinances, MAYOR, Councilmen STONE and LITTLE.
On Accounts, Aldermen CURRIER and BLAKE, Councilmen CURRIER of Ward 4, PERLEY, STONE ..
On Public Property, Aldermen COFFIN and BLAKE, Councilmen CURRIER of Ward 4, PERLEY and POOR.
70
CITY GOVERNMENT.
On State Aid, MAYOR, Alderman BLAKE, Councilmen SMITH, H. P. CURRIER of Ward 2, DAVIS.
On Claims Aldermen GOODWIN and RUSSELL, Councilmen KNIGHT, PEARSON, DUNNING.
On Fuel, Aldermen RUSSELL and GOODWIN, Councilmen SMITH, POOR, H. P. CURRIER of Ward 2.
On Lighting Streets, Aldermen CURRIER and RUSSELL, Councilmen COLBY. H. P. CURRIER of Ward 2, SMITH.
On Fire Department, Aldermen BLAKE, CURRIER, THURLOW, Councilmen SMITH, COLBY, MACKINNEY, JOHNSON.
On Bridges and Culverts, Aldermen CURRIER and RUSSELL, Councilmen CURRIER of Ward 4, COLBY, POOR.
On Highways, MAYOR and ALDERMEN, Councilmen JOHNSON, WINKLEY, CURRIER of Ward 4, PERLEY, MACKINNEY, LITTLE.
WARD OFFICERS.
WARD ONE. Warden, Moses E. Cook. Clerk, Charles E. Hale. Inspec- tors, Oliver P. Townsend, Charles E. Donnels, Charles Somerby.
WARD Two. Warden, William H. Bayley. Clerk, George H Pearson. Inspectors, Thomas P. Mackinney, Charles H. Allen jr., Samuel J. Ford.
WARD THREE. Warden, John W. Ricker. Clerk, Frank J. Welch. In- spectors, Henry Morse jr., William H. Safford, William Herbert Noyes.
71
CITY GOVERNMENT.
WARD FOUR. Warden, William J. Creasey. Clerk, Albert J. Atkinson. Inspectors, George M. Page, S. C. Reed, Joseph H. Walton.
WARD FIVE. Warden, George A. Pearson. Clerk, Orrin J. Gurney. In- spectors, Martin M. Woods, William H. T. Dodge, Alvah H. Russell.
WARD SIX. Warden, Joseph G. Flanders,. Clerk, Theophilus Bradbury. Inspectors, Charles H. Pearson, William H. Bailey, Seth H. Manson.
COMMISSIONERS OF SINKING FUND.
MAYOR, ex-officio. CITY TREASURER, ex-officio. EBEN SUMNER, EDWARD A. MOSELEY.
SUBORDINATE OFFICERS FOR 1896.
SURVEYORS OF LUMBER,
J. F. Fillmore, Joseph L. Johnson, William Thurston, jr., George W. Marston,
William H. Bayley, George W. Jackman, jr., William E. McQuillen, Amos Pettingell, Andrew Chute.
Henry Stover, W. B. Coffin, J. W. S. Colby,
Hervey Kimball,
MEASURERS OF WOOD AND BARK.
William S. Coffin, Hervey Kimball, Amos Coffin,
James V. Felker, George Varina, J. W. S. Colby,
Henry M. Cross, N. Varina, Frank W. Smith.
MEASURERS OF CHARCOAL,
Henry M. Cross,
Hervey Kimball, Frank W. Smith.
Charles R. Sargent,
72
CITY GOVERNMENT.
WEIGHERS AND MEASURERS OF CITY FUEL, Stephen Coker, George J. George, Hervey Kimball.
Paul Titcomb,
Joseph Knight,
MEASURERS OF GRAIN, Hale Knight, Philip A. Rogers. INSPECTOR OF MILK, Charles R. Sargent. INSPECTOR OF CHARCOAL BASKETS, Charles R. Sargent. GAUGERS,
Charles W. Hale, William E. Currier, Philip C. Mason.
WEIGHERS OF ANTHRACITE AND BITUMINOUS COAL,
Stephen Coker,
Edward H. George, George J. George,
Amos Coffin,
George W. Varina. Henry M. Cross,
F. B. Morse,
William S. Coffin, George C. Perkins,
Frank W. Smith,
James V. Felker,
L. H. Greenlaw,
Charles C. Stockman,
Philip Creasey,
N. Varina,
WEIGHERS OF HAY AND OTHER MERCHANDISE.
William S. Coffin,
George J. George,
Edward H. George,
F. B. Morse,
Stephen Coker, Henry M. Cross,
Amos Coffin,
James V. Felker,
George C. Perkins,
Frank W. Smith,
Philip Creasey,
George W. Varina.
N. Varina,
SEALER OF WEIGHTS AND MEASURES,
Charles R. Sargent.
Hervey Kimball,
FENCE VIEWERS, Nathaniel Morse, Thomas G.
FIELD DRIVERS.
Charles O. Morrill,
Thomas G. Dodge, William Stickney,
Mark W. Foye,
Augustus Safford, James W. Welch.
POUND KEEPERS, James Atwood, pound No. 1, Auburn staeet. Enoch Merrill, pound No. 2, Wesley street.
CITY ORDINANCES,
PASSED DURING THE YEAR 1875.
CITY OF NEWBURYPORT.
AN ORDINANCE concerning encroachments on the Streets and Public Grounds of the city.
BE IT ORDAINED, by the City Council of the city of Newburyport, as follows :
SECTION 1. No person shall construct or place, or caused to be constructed or placed, any portico, porch, door step window, post, fence or edifice projecting into any street, public ground or high- way in the city of Newburyport.
SEC. 2. If any person shall violate any provision of section first of this ordinance, he shall for such offense forfeit a sum not less than four dollars nor more than twenty dollars.
SEC. 3. No person shall suffer or permit any portico, porch, door, window, step, post, fence, edifice, or other obstructions, to remain projecting into any street, public ground or highway, in this city, after notice to remove the said portico, porch, door, window, step, post, fence, edifice, or other obstructions shall have been given from the board of aldermen of this city, or from some person authorized by them.
SEC. 4. Any person who shall violate the provisions of section third of this ordinance shall, for each and every day on which said ordinance is violated, forfeit the sum of five dollars, provided how-
74
CITY ORDINANCES.
ever, that in no case upon one complaint alone, shall any person in- cur fines amounting in the aggregate to more than twenty dollars.
SEC. 5. This ordinance shall take effect on its passage.
IN COMMON COUNCIL, February 15, 1875. Passed to pe orhained,
S. B. CARTER, President.
IN BOARD OF ALDERMEN, February 15, 1875. Passed to be ordained in concurrence,
B. F. ATKINSON, Mayor.
CITY OF NEWBURYPORT.
IN BOARD OF ALDERMEN, November 8, 1875.
ORDERED, the Common Council concurring, that sections one, two, three, four and five, of chapter eighty-seven of the general statutes be and the same are hereby adopted.
IN BOARD OF ALDERMEN, November 8, 1875.
Adopted. Attest.
GEORGE H. STEVENS, City Clerk. IN COMMON COUNCIL, November 8, 1875. Adopted in concurrence. Attest,
THOMAS E. CUTTER, Clerk.
CHAPTER 87, (GENERAL STATUTES).
SECTION 1. In any city or town which has adopted chapter four hundred and sixty-nine of the statutes of eighteen hundred and fifty-five, or which shall adopt this and the four following sections, at a legal meeting of the city council or inhabitants of the town, if he mayor and aldermen or selectmen, after due notice in writing
75
CITY ORDINANCES.
to the owner of any burnt, dilapidated, or dangerous building, and a hearing of the matter, adjudge the same to be a nuisance to the neighborhood, or dangerous, they may make and record an order, prescribing; such disposition, alteration, or regulation thereof, as they deem necessary ; and thereupon the city or town clerk shall deliver a copy of the order to a constable, who shall forthwith serve an attested copy thereof upon such owner, and make return of his doings thereon to said clerk.
SEC. 2. Any owner aggrieved by such order may within three days of the service thereof upon him, apply for a jury to the su- perior court, if sitting in the county, or to any justice thereof in vacation. The court or justice shall issue a warrant for a jury, to be empanelled by the sheriff within fourteen days from the date of the warrant in the manner provided in chapter forty-three, relating to highways.
SEC. 3. The jury may affirm, annul or alter such order; and the sheriff shall return the verdict to the next term of the court for acceptance, and being accepted it shall take place as an original order.
SEC. 4. If the order is affirmed, costs shall be taxed against the . applicant; if it is annulled, the applicant shall recover damages and costs against the city or town ; if it is altered in part, the court may render such judgment as to costs as justice shall require.
SEC. 5. The mayor and alderman or selectmen of any city or town shall have the same power and authority to abate and remove any such nuisance, as are given to the board of health in section eight, nine and ten of chapter twenty six.
CITY OF NEWBURYPORT.
ÅN ORDINANCE in addition to an ordinance establishing the com- pensation of members of the Fire Department.
BE IT ORDAINED, by the city council of the city of Newburyport, as follows :
SECTION 1. Each hose company, not exceeding sixteen mem- bers, and not attached to an engine, shall hereafter be allowed and
76
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