USA > Massachusetts > Middlesex County > Somerville > Report of the city of Somerville 1843-1859 > Part 12
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AUGUSTUS R. POPE, Chairman,
ISAAC F. SHEPARD, Secretary,
GEORGE O. BRASTOW,
JONATHAN BROWN, JR. JOHN K. HALL, CHARLES I. PUTMAM,
JAMES HILL.
STANDING SUB-COMMITTEES.
To examine teachers, and the High and Grammar Schools,
A. R. Pope, I. F. Shepard, C. I. Putnam,
On Books and Stationary, - I. F. Shepard, C. I. Putnam. On Fuel, G. O. Brastow, James Hill,
For the High School,
A. R. Pope, I. F. Shepard, G. O. Brastow,
Prospect Hill Gr. School, James Hill, C. I. Putnam.
Franklin
G. O. Brastow, C. I. Putnam,
Prescott
J. K. IIall. J. Brown, Jr.
Walnut Hill Mixed,
Prospect Hill Primary,
J. Brown, Jr. A. R. Pope. I. F. Shepard, C. I. Putnam.
6 Central St.
J. Brown, Jr. J. K. Hall.
66 Franklin 66 C. I. Putnam, G. O. Brastow,
66 Prescott
J. K. Hall, J. Brown, Jr.
Harvard 66
A. R. Pope, I. F. Shepard.
66 65 Medford St. James Hill, I. F. Shepard.
Spring Hill, G. O. Brastow, A. R. Pope.
Cherry St.
G. O. Brastow, A, R. Pope.
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CITY CHARTER.
accountability, by requiring bonds with sufficient penalties and sureties from all persons intrusted with the receipt, custody, or disbursement of money.
SECT. 22. The city council shall have exclusive authority and power to lay out any new street or town way, and to estimate the damages any individual may sustain thereby ; but all questions relating to the sub- ject of laying out, accepting, altering, or discontinu- ing any street or way shall first be acted upon by the mayor and aldermen ; and any person dissatisfied with the decision of the city council in the estimate of damages may make complaint to the county com- missioners of the county of Middlesex at any meeting held within one year after such decision, whereupon the same proceedings shall be had as are now pro- vided by the laws of this Commonwealth in cases where persons are aggrieved by the assessment of damages by selectmen, in the forty-third chapter of the General Statutes.
SECT. 23. The city council may make by-laws, with suitable penalties, for the inspection, survey, measure- ment, and sale of lumber, wood, hay, coal, and bark brought into or exposed in said city for sale, and shall have the same powers as the town had in reference to the suspension of the laws for the protection 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. The city council may also make all such
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MUNICIPAL REGISTER.
salutary and needful by-laws as towns by the laws of this Commonwealth have power to make and estab- lish, and to annex penalties, not exceeding 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, but subject to the approval of the mayor; provided, however, that all laws and regulations in force in said town shall, until they shall expire by their own limitations, 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. 24. All elections of national, State, county, and district officers who are voted for by the people shall be held at meetings of the citizens qualified to vote at such elections in their respective wards at the time fixed by law for these elections respectively.
SECT. 25. Ten days prior to every election the mayor and aldermen shall make out lists of all the citizens of each ward qualified to vote in such elec- tions, 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 corrected to the clerks of the several wards, to be used at such elections; and no person
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CITY CHARTER.
shall be entitled to vote whose name is not borne on such list. A list of the voters of each ward shall be posted in one or more public places in each ward.
SECT. 26. General meetings of the citzens quali- fied to vote may from time to time be held, to con- sult upon the public good, to instruct their represen- tatives, 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 the mayor and aldermen, upon the request, in writing, setting forth the purposes thereof, of fifty- qualified voters.
SECT. 27. All power and authority now vested by law in the board of health for said town, or in the selectmen thereof, shall be transferred to and vested in the city council, to be by them exercised in such manner as they may deem expedient.
SECT. 28. All power and authority now vested in the selectmen of said town in relation to the fire department in said town shall be transferred to and vested in the mayor and aldermen; but the city coun- cil shall have power to establish fire limits within the city, and from time to time change and enlarge the same; and by ordinance they shall regulate the con- struction of all buildings erected within said fire limits, stipulating their location, size, and the mate-
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MUNICIPAL REGISTER.
.
rials 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. 29. The power and authority vested in said town of Somerville by sections one and two of chap- ter two hundred and two of the acts of the year one thousand eight hundred and sixty-eight, and by chapter seventy-two of the acts of the year one thousand eight hundred and seventy, shall continue in force.
SECT. 30. All acts and parts of acts inconsistent 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 any act here- by repealed and before the time when such repeal 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 re- covery of any penalty or forfeiture incurred under said acts, shall be affected by such repeal; and pro- vided, also, that all persons who at the time of the · said repeal taking effect shall hold any office under the said acts, shall continue to hold the same until the organization of the city government contemplated by this charter shall.be completely effected.
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CITY CHARTER.
SECT. 31. For the purpose of organizing the sys- tem of government hereby established, and putting the same in operation in the first instance, the select- men of the town of Somerville, for the time being, shall issue their warrants seven days at least previous to the first Monday of December of the present year, calling meetings of the citizens of cach ward on that day, at such place and hour as they may deem expe- · dient, for the purpose of electing a warden, clerk, and inspectors for each ward, and all other officers whose election is provided for in the preceding sections of this act; and the transcripts of the records in each ward; specifying the votes given for the several officers aforesaid, certified by the warden and clerk of the ward at said first meeting, shall be returned to said selectmen, whose duty it shall be to examine and compare the same and give notice thereof in manner before provided to the several persons elected. At said first meeting a list of voters in each ward, pre- pared and corrected by the selectmen for the time being, shall be delivered to the clerk of each ward, when elected, to be used as hereinbefore provided. After the election of the city officers as aforesaid, the selectmen shall appoint a place for their first meeting, and shall, by written notice left at the place of residence of each member, notify them thereof. It shall be the duty of the city council immediately after the first organization, to carry into effect the several provisions of this act.
SECT. 32. This act shall be void unless the inhab-
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MUNICIPAL REGISTER.
itants of said town of Somerville, at a legal meeting to be held within sixty days from the passage of this act, shall by a vote of a majority of the voters pres- ent, voting thereon as hereinafter provided, determine to adopt the same. At said meeting the votes shall be taken by written or printed ballots, and the polls shall be kept open not less than six hours. The selectmen shall preside in said meeting, and in re- ceiving said ballots shall use the check lists in the same manner as they are used in the election of State officers.
SEOT. 33. This act shall take effect upon its pas- sage.
HOUSE OF REPRESENTATIVES, April 12, 1871. Passed to be enacted.
HARVEY JEWELL, Speaker.
IN SENATE, April 13, 1871.
Passed to be enacted.
HORACE H. COOLIDGE, President.
Approved.
APRIL 14, 1871.
WILLIAM CLAFLIN.
SPECIAL ACTS OF LEGISLATURE.
The following is a list of all the material Statutes of the Com- monwealth relating to Somerville. Those which are of importance for present reference are published in full : -
An Act to Incorporate the town of Somerville. Chapter 76, 1842. Approved March 3, 1842.
An Act to authorize the Charlestown Gas Com- pany to extend their pipes and conductors into the town of Somerville. Chapter 24, 1853. Approved Feb. 23, 1853.
An Act altering the boundary lines between Cam- bridge and Somerville, and annexing portions of each to the other. Chapter 137, 1856. Approved April 30, 1856.
An Act concerning drains and sewers in the town of Somerville. Chapter 139, 1860. Approved March 31, 1860.
An Act supplying the city of Charlestown with pure water. Section sixteen relates to hydrants in Somerville. Chapter 105, 1851. Approved March 28, 1861.
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MUNICIPAL REGISTER.
An Act in addition to An Act, altering the bound- ary lines between Cambridge and Somerville, and annexing portions of cach to the other. Chapter 171, 1862. Approved April 29, 1862.
An Act to authorize Charlestown to supply Som- erville and Malden with water. Chapter 212, 1866. Approved May 3, 1866.
AN ACT FOR SUPPLYING THE TOWN OF SOMERVILLE WITH WATER. Chapter 202, 1868.
Be it enacted, etc., as follows: -
SECTION 1. The town of Somerville is hereby authorized to lay, construct, and maintain within the limits of said town, such pipes, aqueducts, and struct- ures, in connection with the water works or aque- ducts of the city of Charlestown, as may be requisite for the purpose of supplying water to the inhabitants of said town for the extinguishment of fires, and for other uses. And the said town is hereby fully au- thorized to raise by taxation, or by borrowing, from time to time, an amount not exceeding one hundred thousand dollars, for the purposes herein specified.
SECT. 2. The said town of Somerville is hereby authorized to assess and collect upon the polls and estates of the town, real and personal, all taxes necessary for the payment of the principal and interest of such promissory notes as shall be issued under the provisions of the preceding section.
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SPECIAL ACTS OF LEGISLATURE.
SECT. 3. The said town of Somerville shall annu- ally elect a committee of five from the inhabitants of the town, who shall superintend, control, direct, and make such rules and regulations for the construction and maintenance of such pipes, aqueducts, and struct- ures as are authorized under the provisions of this act.
SECT. 4. All acts done by the inhabitants of the said town of Somerville, at a legal town meeting holden on Monday, the thirteenth day of April, in the year one thousand eight hundred and sixty-eight, having reference to a supply of water, are hereby ratified, confirmed, and made valid to the same extent as though the provisions of this act were then in full force.
SECT. 5. This Act shall take effect upon its pas- sage.
Approved May 14, 1868.
AN ACT IN ADDITION TO AN ACT FOR SUPPLYING THE TOWN OF SOMERVILLE WITH WATER. - Chapter 72, 1870.
Be it enacted, etc., as follows: -
The town of Somerville is hereby authorized to raise by taxation, or by borrowing from time to time, an amount not exceeding in the aggregate the sum of one hundred thousand dollars in addition to the amount authorized to be raised by chapter two hun- dred and two of the acts of the year one thousand
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MUNICIPAL REGISTER.
eight hundred and sixty-eight, to be used for the pur- poses therein specified.
Approved March 11, 1870.
An Act in addition to an act for supplying the city of Charlestown with pure water.
Section five relates to hydrants in Somerville. Chapter 216, 1870. Approved May 5, 1870.
An Act to incorporate the city of Somerville. Chapter 182, 1871. Approved April 14, 1871.
For the Act in full, see preceding pages.
AN ACT TO AUTHORIZE THE CITY OF SOMERVILLE TO ISSUE ADDI- TIONAL WATER BONDS. - Chapter 115, 1872.
Be it enacted, etc., as follows: -
SECTION 1. The city of Somerville may, for the purposes mentioned in the first section of chapter two hundred and two of the Acts of the year eighteen hundred and sixty-eight, issue bonds to an amount not exceeding two hundred thousand dollars, in addi- tion to the amounts authorized to be raised by tax- ation, or to be borrowed by said Act and by chapter seventy-two of the Acts of the year eighteen hundred and seventy.
SECT. 2. This Act shall take effect upon its pas- sage.
Approved March 19, 1872.
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SPECIAL ACTS OF LEGISLATURE.
An Act to establish the Police Court of Somerville. Chapter 233, 1872. Approved April 23, 1872.
An Act to provide for the prevention and abate- ment of nuisances, and the preservation of the public health in the cities of Cambridge and Somerville. Chapter 299, 1872. Approved May.3, 1872.
An Act for the abatement of a nuisance in the lower basin of Miller's River, and for the preservation of health in the cities of Cambridge and Somerville. Chapter 353, 1872. Approved May 6, 1872.
An Act concerning the building by the city of Somerville of a drain through the city of Cambridge. Chapter 299, 1873. Approved May 20, 1873.
An Act for the abatement of a nuisance in the cities of Cambridge and Somerville, and for the preservation of the public health in said cities. Chapter 301, 1873. Approved May 23, 1873.
An Act to provide for a public park in the city of Somerville. Chapter 97, 1874. Approved March 25, 1874.
An Act to amend An Act for the abatement of a nuisance in the cities of Cambridge and Somerville, and for the preservation of the public health in said cities. Chapter 166, 1874. Approved April 15, 1874.
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MUNICIPAL REGISTER.
AN ACT IN ADDITION TO AN ACT TO ESTABLISH THE CITY OF SOMERVILLE. - Chapter 189, 1874.
Be it enacted, etc., as follows : -
SECTION 1. The city council of the city of Som- erville may establish a fire department for said city, to consist of a chief engineer, and as many assistant engineers, enginemen, hosemen, hook-and-ladder men, and assistants, as the city council, by ordinance, shall from time to time prescribe; and said council shall have authority to fix the time of their appoint- ment, and the term of their service, to define their office and duties, and in general to make such regula- tions concerning the pay, conduct, and government of such department, the management of fires, and the conduct of persons attending fires, as they may deem expedient, and may affix such penalties for any violation of such regulations, or any of them, as are provided for the breach of the ordinances of the city. The appointment of all officers and members of such department shall be vested in the mayor and alder- men of said city exclusively, who shall also have authority to remove from office any officer or member for cause, in their discretion.
The engineers so appointed shall be fire-wards of the city, but the mayor and aldermen may appoint additional fire-wards. The compensation of the department shall be fixed by concurrent vote of the city council.
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SPECIAL ACTS OF LEGISLATURE.
SECT. 2. All acts and parts of acts inconsistent herewith are repealed.
SECT. 3. This Act shall take effect on the accept- ance thereof by the concurrent vote of the city council of said city. Approved April 24, 1874.
An Act to authorize the city of Cambridge to construct and maintain tide gates across Alewive Brook. Chapter 193, 1874. Approved April 24, 1874.
AN ACT IN RELATION TO ALTERING HIGHWAYS IN THE CITIES OF NEWTON AND SOMERVILLE. - Chapter 353, 1874.
Be it enacted, etc., as follows: -
SECTION 1. The city council of the city of New- ton, and of the city of Somerville, shall have authority and power to widen, straighten, and otherwise alter highways within the limits of their respective cities. Any party aggrieved by such widening, straighten- ing, or alteration, shall have the same remedies as in the case of town ways.
SECT. 2. Nothing in this Act contained shall be construed so as to exclude the jurisdiction of the county commissioners.
SECT. 3. Chapter two hundred and seventy-eight, of the acts of the present year, being " An Act in
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MUNICIPAL REGISTER.
addition to An Act to establish the city of Newton," is repealed.
. SECT. 4. This Act shall take effect upon its pas- sage. Approved June 23, 1874.
An Act in addition to " An Act for the abatement of a nuisance in the cities of Cambridge and Somerville, and for the preservation of the public health in said cities." Chapter 191, 1875. Approved May 7, 1875.
COMMITTEE ON ORDINANCES. 1875.
ALDERMAN ROWELL, Chairman.
ALDERMAN LORD,
COUNCILMAN MCCARTY,
COUNCILMAN POTTER,
COUNCILMAN FRAZAR, Clerk.
CITY OF SOMERVILLE.
IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND SEVENTY-FIVE.
-
Be it Ordained by the City Council of the City of Somerville, as follows: -
No. 1.
AN ORDINANCE CONCERNING THE CONSTRUCTION OF ORDINANCES.
SECTION 1. All By-Laws of the City shall be called " Ordinances," and the enacting clause thereof shall be "Be it ordained by the City Council of the City of Somerville, as follows ": -
SECT. 2. All Ordinances shall be engrossed at length by the City Clerk in the order in which they shall be passed, in a book of Records kept for the purpose. All Ordinances, and such of the Orders as the City Council may direct, shall be published once or more, as the City Council may direct, in one or more newspapers published in the City.
SECT. 3. The Joint Standing Committee on Printing shall have the direction of the Printing 8
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MUNICIPAL REGISTER.
of Ordinances and other documents ordered to be printed. Fifteen copies, in addition to the number ordered by the City Council, shall be printed and distributed as follows: five copies in the City Clerk's Office; two in the Office of the Chief of Police; and one in each of the following rooms, namely: of the Mayor and Aldermen, Common Council, School Com- mittee, Overseers of the Poor, Engineers, Assessors, City Solicitor, and Treasurer.
SECT. 4. In the construction of Ordinances, the following rules shall be observed, unless the con- struction thereby attained would be inconsistent with the manifest intent of the City Council, or repugnant to the context of the Ordinance, that is to say, - First: Whenever anything is prohibited, the agent or employer, as well as the person actually doing such forbidden act, shall be liable to the prescribed penalty. Second: The words "Street," "Streets," " Highway " and "Highways," include avenues, courts, lanes, alleys, public squares and places and sidewalks; and each of these words includes every other of them. Words importing the singular num- ber may extend and be applied to the plural number; and words importing the masculine gender may be applied to the feminine. Third: Whenever anything is prohibited to be done without permission or license of some officer or board, such officer or board shall have power to permit or license such thing to be done.
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CITY ORDINANCES .
No. 2.
AN ORDINANCE TO ESTABLISH A SEAL FOR THE CITY OF SOMERVILLE.
SECTION 1. The following shall be the device of the Seal of said City, to wit: -
A representation of Wash- ington standing on Prospect Hill with a Union flag unfurled ; OM SOMERVILLE on the right a view of a portion IONAL STRENGT of Boston, with the State 12. ESTABLISHED A House; on the left a view of A CITY 1872. a portion of Charlestown, with MUNICIPAL FREE FOUNDED 18 12. X Bunker Hill Monument; within a circle around the same, the inscription "SOMERVILLE," FOUNDED 1842, ESTAB- LISHED A CITY 1872, and on the outer circle around the above, as the City motto, the words, "MUNICI- PAL FREEDOM GIVES NATIONAL STRENGTH"; the whole to be arranged according to the impression of Seal hercunto annexed.
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MUNICIPAL REGISTER.
No. 3.
AN ORDINANCE RELATING TO THE CALLING OF MEETINGS AND THE TIME OF OPENING AND CLOSING THE POLLS.
SECTION 1. The form of Warrants for calling Meetings of the citizens of the several Wards shall be as follows, to wit :-
CITY OF SOMERVILLE.
To any Constable of the City of Somerville, GREETING :
In the name of the Commonwealth of Massachu- setts, you are hereby required to warn the citizens of Ward No ........ qualified to vote as the law directs, to assemble at .. , on the day of. at o'clock, noon, and from that time until o'clock in the afternoon, then and there to give in their ballots for
Hereof fail not, and make due return of this War- rant, with your doings thereon.
Witness,. Mayor of our said City of Somerville, on this [L. s.] day of .. ., in the year of our Lord one thousand eight hundred and
By order of the Mayor and Aldermen.
City Clerk.
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CITY ORDINANCES.
SECT. 2. The form of Warrants for calling General Meetings of citizens, qualified to vote, shall be as follows, to wit: -
CITY OF SOMERVILLE.
To the Constables of the City of Somerville, or to any of them, GREETING :
In the name of the Commonwealth of Massachu- setts, you are hereby required to warn the citizens of Somerville, qualified to vote as the law directs, to assemble in General Meeting at
on the day of. at o'clock in the noon, then and there to
Hereof fail not, and make due return of this Warrant, with your doings thereon.
Witness, Mayor of our City of Somerville, on this day of
[L. s.] in the year of our Lord one thou- sand eight hundred and. ....
By order of the Mayor and Aldermen.
City Clerk.
SECT. 3. All Warrants, whether for calling General Meetings, or for calling Meetings of the
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MUNICIPAL REGISTER.
citizens of the several Wards, shall be issued by the Mayor and Aldermen seven days at least be- fore the time of holding the same, and they shall contain a statement of the objects of the Meet- ings; they shall be signed by the City Clerk, and shall be served by any Constable of the City, by leaving a copy thereof at the residence of every citizen qualified to vote at the Meeting called thereby, or by posting copies thereof in not less than four public places in each Ward and by pub- lishing the same in any newspaper published in the City, as the Mayor and Aldermen may direct; such service to be made in either mode seven days at least before the time of holding such Meeting. The Constable to whom any Warrant shall be delivered for service shall duly return the same, with his doings thereon, to the Mayor and Alder- men, if it be for calling a general Meeting; other- wise, to the Warden of the Ward named therein. In all Warrants for calling Meetings of the citizens of the several Wards the time of opening and clos- ing the Polls shall be prescribed.
SECT. 4. At all Meetings of the citizens of the several Wards for the election of National, State, District, County, City, and Ward Officers, the Polls shall be opened at seven o'clock in the forenoon, and they shall not be kept open after the hour of sunset ; but in no case shall they be closed earlier than four o'clock in the afternoon.
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CITY ORDINANCES,
No. 4.
AN ORDINANCE RELATING TO THE FINANCES OF THE CITY.
SECTION 1. The Joint Standing Committee on Accounts shall meet once, at least, every month, and carefully examine all accounts and claims against the city which shall be laid before them, certified as pro- vided in the two succeeding sections, and shall allow and certify the same, if found to be correct.
SECT. 2. All Committees and Boards having ap- propriations of money placed under their control shall present bills and pay-rolls to the Auditor on or be- fore the seventh day of each month, and no account or claim against the City, other than judgments of the courts, shall be received and acted upon by the Committee on Accounts, unless such account or claim shall be accompanied by a certificate from the Com- mittee, or the proper certifying Officers of each department of the City Government, authorized on behalf of the City to make the contract, or cause the expenditure to be made, that the same is correct; provided, however, that the pay-rolls of laborers, un- der the direction of the Superintendent of streets, sewers, and the water works, may be paid by the Treasurer semi-monthly, on approval of the chairman of their respective Committees or Boards, in antici- pation of the monthly certificate from the Committee on Accounts.
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