The Worcester almanac, directory, and business advertiser, including the ordinances of the city of Worcester, 1850, Part 3

Author:
Publication date: 1849
Publisher: Worcester, H.J. Howland
Number of Pages: 188


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George Jones.


CONSTABLES. George Jones, Frederick Warren. Jonathan Day, Wm. L. Merchant, Elbridge G. Watkins, Jeremiah Kane, Peter Donliavie, Wm. A. Howland.


ORDINANCES


OF The City of aforrester, In the year 1848-9.


PUBLISHED BY ORDER OF THE CITY COUNCIL.


31


An ordinance concerning Warrants for Meetings. Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SEC. 1. The form of Warrants for calling meetings of the citizens of the several wards, shall be as follows :


CITY OF WORCESTER.


To either of the Constables of the City of Worcester, Greeting.


In the name of the Commonwealth of Massachusetts, you are hereby required forthwith to notify and warn the inhab- itants of Ward No. - qualified to vote to meet in in- the- day of- w ---- at -o'clock in the-noon, then and there to-


And you are directed to serve the warrant by posting up an attested copy thereof at the place appointed for ward meetings in said ward, ten days at least, before the time of said meeting, and by one publication of the substance of this warrant in each of the Newspapers authorized to publish the Ordinances of the City, before the time of said meeting.


Hereof fail not, and make due return of this warrant and of your doings thereon to the clerk of said 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 thous- and eight hundred and


By order of the Mayor and Aldermen. -


-City Clerk.


SEC. 2. Service of a warrant, for calling a meeting of the citizens of a ward, 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 meetings in said ward, ten days at least before the time of said meeting, and by one publication of the substance of such warrant in the Newspapers authorized to publish the Ordinances of the City, before the time of said meeting. And such warrant shall be returned to the clerk of said ward, four days at least before the time of meeting.


SEC. 3. The form of warrants for calling meetings of the Inhabitants of the City shall be as follows ;


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CITY ORDINANCES.


CITY OF WORCESTER.


To either of the Constables of the City of Worcester, Greeting.


In the name of the Commonwealth of Massachusetts, you are required forthwith to notify and warn the inhabitants of the City of Worcester, qualified to vote -to meet in in- -- the day of --- at -o'clock in the-noon, then and there to-


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 of the City, ten days at least before the time of said meeting, and by one publication of the sub- stance of this warrant in each of the Newspapers authorized to publish the Ordinances of the City, 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.


SEC. 4. Service of a warrant for calling a meeting 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 meetings in each ward of the City, ten days at least before the time of said meeting, and by one publication of the substance of such warrant in each of the Newspapers authorized to publish the Ordinances of the City, before the time of said meeting. And such warrant shall be returned to the City Clerk, four days at least before the time of meeting.


SEC. 5. It shall be the duty of the Mayor and Aldermen, to fix the time when the poll shall close as well as the time for the opening thereof, in the election of all officers except ward officers, and to insert the same in any warrant for such election. Passed Oct. 23, 1548.


32 An Ordinance to establish Sidewalks in Trumbull and Front Streets.


Be it Ordalned by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SEC. 1. That so much of the eastern side of Trumbull Street, as is east of the west side of a line of posts on the easterly side of said street, and in line with the westerly side of said posts, between Park and Front streets, so far as the same shall be in a straight line, and also, so much of the curved line at the southerly end of Trumbull street, on


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CITY ORDINANCES.


the easterly side thereof, as is southerly of said straight line and of the same width at the northerly end and six and one half feet at its southerly end, at the line of Park street, be established as a sidewalk.


SEC. 2. That so much of said Trumbull street as is westerly of a point on Park street, seven feet distant from the southeast corner of land of Adams P. Barnes, and thence running northerly to a point opposite the angle of the fence of said Barnes, and six and a half feet distant therefrom, and to the east side of the first post on the westerly side of said Trumbull street, and on the side of the ditch thereof, and thence northerly by the line of the east side of a line of posts to a point opposite the northeast corner of land of the Widow Huldah Riley, be established as a sidewalk.


SEC. 3. That so much of Front street on the southerly side as is between the east side of Trumbull street and the west side of the bridge over the Blackstone river, and is south of a line from said Trumbull street to the west side of said bridge over said Blackstone river, corresponding with the line of the north side of the posts now standing on the south- erly side of Front street, be and the same is established as a sidewalk.


SEC. 4. That so much of said Front street as is north of the paving of the Gutter, on the northerly side of said street, commencing at the westerly side of the bridge over the Blackstone river, and thence westerly by the paving of said Gutter to the easterly side of the Hydrant in front of the Hubbard house, so called, and thence from said paving of the Gutter, at the easterly side of said Hydrant, to a point opposite the southeast corner of Salem and Front streets, and eighteen feet distant from the southwest corner of the brick dwelling house of Timothy W. Bancroft, be and the same is established as a sidewalk.


SEC. 5. That so much of Front street, on the northerly side thereof, beginning at a point opposite the southwest corner of Salem and Front streets and sixteen feet distant from the southwest corner of the dwelling house of the Hon. Abijah Bigelow, and thence westerly to the south side of the Curb Stone of the walk as now constructed in front of the Wool Store, so called, at a point opposite the southeast corner of said Wool Store, and thence by the south side of said Curb Stone as now placed, westerly to Main street, be and the same is established as a sidewalk, excepting so much thereof as is occupied by the tracks of the Norwich and Worcester Railroad Company.


SEC. 6. The before mentioned sidewalks shall be subject to all the provisions, conditions, restrictions and require- ments provided for sidewalks contained in the Ordinances of the city of Worcester. Passed Jan. 22, 1849.


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CITY ORDINANCES.


33 An Ordinance in addition to an Ordinance relating to High- ways.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SEC. 1. Any person may convey the contents of a Privy or Vault over the roads, highways and streets of the City, in the months of December, January, February and March, at any time, when the Mercury in the Thermometer is below twenty-five degrees of Farenheit's scale ; provided the same shall be conveyed in a box so tight, that no part of the con- tents thereof shall be scattered therefrom, and provided that the outside of all such boxes, so used, shall be kept clean and undefiled by the contents thereof.


SEC. 2. Any person, who, in conveying the contents of any Vault or Privy over any of the roads, highways or streets of the City, in the months of December, January, February and March, shall neglect to conform to all the provisions of the preceding section, shall forfeit and pay, for each offence, not less than one dollar and not more than twenty dollars ; unless such conveyance shall be made in accordance with the provisions of the forty-fifth section of the Ordinance relating to Highways.


SEC. 3. The forty-fifth section of the Ordinance relating to Highways, is modified and amended so far as it is incon- sistent with the provisions of this Ordinance.


Passed Jan. 22, 1849.


34


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


The annual salary of the Mayor of the City, shall be six hundred dollars, payable quarterly. Passed Feb. 26, 1849.


35 An Ordinance in relation to Portland Street.


Be it enacted by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


So much of the public highway called Portland street, on the easterly side of said street, as is between the side line thereof and the westerly or road side of a row of trees, by a line extended from Park to Myrtle streets, and so much of said public highway called Portland street, on the westerly side of said street, and is between the westerly side line thereof and the easterly or road side of a row of trees, by a line extended from Myrtle to Park streets, is hereby made and constituted public sidewalks, subject to all the provis- ions and requirements in relation to sidewalks.


Passed March 12, 1849.


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CITY ORDINANCES.


36


An Ordinance to establish the Seal of the City.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


WORCESTER


TOW


JUNE


FEBY.29.1848.


14.17


The Seal of the City shall be a circu- lar form, having in the centre as a device, the figure of a Heart, and having in the margin, beginning at the centre of the left side, the words "Wor- cester a Town June 14, 1722 ; a City Feb- ruary 29, 1848," ac- cording to the design hereto annexed. Passed March 30, 1849.


37 An Ordinance to establish Sidewalks in Exchange Street. Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


That sidewalks be and are hereby established on Ex- change street, between Main and Union streets, on the northerly and southerly lines of said Exchange street, six feet in width, said sidewalks to be subject to all the provis- ions, restrictions, and conditions of the Ordinances of the City of Worcester, in relation to sidewalks.


Passed May 28, 1849.


38


An Ordinance amendatory of an Ordinance establishing a system of Accountability in the Expenditures of the City and the Assessment of Taxes.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SEC. 1. It shall be the duty of the Assessors, in the month of May in each year, and when taking an account of the Polls and Estates for the purposes of taxation, also to take an account of all the minors in the City between the ages of five years and fifteen years ; and as soon thereafter as may be convenient, make a return thereof to the Mayor.


SEC. 2. They shall also, at the same time, ascertain the number of births that have happened in the City during the year next preceding the first day of May, and make return


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CITY ORDINANCES.


thereof to the School Committee on or before the 25th day of May in each year.


SEC. 3. The twelfth section of " An Ordinance estab- lished a system of accountability in the expenditures of the City and the assessment of taxes," and all other Ordinances and parts of Ordinances inconsistent with the provisions of this Ordinance, are repealed. Passed May 28, 1849.


39 An Ordinance of Health.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SEC. 1. The Mayor, President of the Common Council, and a joint Committee of the City Council, are hereby con- stituted a Board of Health of the City of Worcester, with all powers vested in Boards of Health by the general laws of the Commonwealth, and by Chapter 211 of the Laws of 1849.


SEC. 2. It shall be the duty of the City Marshal, sub- ject always to the direction, authority and control 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, nui- sanee 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 nui- sances, 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 preven- ted, when practicable, as the case may require, conformably to such Ordinances and Rules, and the Laws of the Com- monwealth.


SEC. 3. When the Board of Health shall be satisfied that any building is not furnished with a sufficient drain, privy and vault, or either of them, they shall give notice in wri- ting to the owner or agent, if known, and if either of them be resident within the City, and if otherwise, public notice by advertising in some newspaper published and circulated in the City, requiring that a suitable drain, privy and vault, or either of them, be constructed within such time as they shall appoint, for the use of such tenement. And in case such requisition be not complied with, the Board shall cause such drain, privy and vault, or either of them, to be con- structed, the expense of which shall be charged to such ow- ner or agent.


SEC. 4. Whenever the Board of Health shall find that the number of persons occupying any tenement is so great as to be a cause of nuisance or sickness, or source of filth, the Board may cause all or any persons occupying such tenement to be removed therefrom, first giving them notice in writing to remove, and allowing them the space of at


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CITY ORDINANCES.


least forty-eight hours, in which to comply with such notice.


SEC. 5. Every vault or privy shall be so constructed that the inside of the same shall be at least two feet from the land of every adjoining proprietor, and also two feet from every street, lane, passage-way, or public place. And whenever any privy or vault shall become offensive, the same shall be cleansed. And in case the condition or con- struction of any vault or privy shall be different from the re- quirement of this section, the City Marshal, under the direc- tion of the Board of Health, may cause the same to be cleansed, repaired, amended, altered or removed, as may be necessary, and shall charge the expense incurred in so doing to the owner, or party occupying the estate in which such privy or vault may be. Provided he shall first notify such owner, or party occupying, in the manner provided in the third section of this Ordinance ; and allow the space of at least forty-eight hours, for such owner or occupant to com- ply with such notice.


SEC. 6. All house dirt, filth, rubbish and waste matter collected in any part of the City, which may be a nuisance, shall, with the approbation of the Board of Health, be re- moved by the City Marshal therefrom, at the expense of the owner or occupant of the place where such cause of offence may be, unless such owner or occupant shall remove the same within twenty-four hours after being ordered to do so by the City Marshal. And the City Marshal when there- to ordered by the Board of Health, shall at any time be- tween sunrise and sunset, enter into any building or other place in the City, for the purpose of examining into, de- stroying, removing or preventing any nuisance, source of filth, or cause of sickness therein. And in case such en- trance be opposed, he shall make known such opposition to the Board of Health, in order that a warrant may be ob- tained to enforce the same as provided by law.


Ssc. 7. All persons who shall offend against any of the provisions of the fifth and sixth sections of this Ordinance, shall forfeit and pay for each offence, a penalty of not less than one, nor more than twenty dollars.


SEC. 8. It shall be the duty of the City Marshal to keep an exact and true account of all costs, outlays and expen- ses that may be incurred in carrying into effect any of the purposes and provisions set forth or contained in this Ordi- nance, and without delay to report the same to the Treas- urer, with the names of the various persons to whom they may be chargeable, and the proportion or amount payable


from each person. And he shall examine, correct, and charge the same in his books, and without delay make out bills therefor accordingly and collect the same.


SEC. 9. The City Council shall annually, in March or April, choose, by a concurrent vote, some suitable person to be City Physician, who shall remain in office until another


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CITY ORDINANCES.


is appointed in his stead, and whose place, in case of vacan- cy by reason of resignation, removal, or any other cause, may be supplied by a new appointment. And it shall be the duty of said Physician, to attend under the general di- rection of the overseers of the poor, upon all sick paupers and patients under the care of the City authorities at the City farm or elsewhere, (within the limits of the City,) to render all services by law incumbent upon physicians ap- pointed by Boards of Health, and to report annually in March, to the City Council, a list of deaths of the previous year; stating the age, sex, and disease of the person de- ceased. In case of alarm of any infectious or contagious dis- ease, to give to either branch of the City Council, or any Com- mittee thereof, all such professional advice and counsel as they may request of him, to vaccinate all scholars of the public schools, that may be sent to him by the School Com- mittee for that purpose, and generally to perform such other professional services as may reasonably be required of him by the Board of Health, or either Board of the City Council. SEC. 10. All Ordinances and parts of Ordinances in- consistent with the provisions of this Ordinance are hereby repealed. Passed June 6, 1849.


40 An Ordinance in relation to the Weighing of Hay.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


Sections ninety-five, ninety-six, ninety-seven and ninety- eight, of Chapter twenty-eight of the Revised Statutes of Massachusetts, are hereby adopted by the City of Worcester. Passed June 11, 1849.


41 An Ordinance in relation to Pleasant Street.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows ;


That sidewalks be and are hereby located on the North- erly side of Pleasant street, between Main and West streets, and also on the Southerly side of said Pleasant street, be- tween Main street and the West line of Wmn. A. Wheeler's farm on said street ; said sidewalks to be six and one half feet wide on each side of said street, as before described ; and subject to all the provisions and requirements in rela- tion to sidewalks. Passed July 2, 1849.


42


An Ordinance amendatory of an ordinance establishing a system of accountability in the expenditures of the City, and the assessment of Taxes.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows .


SEC. 1. The Assessors shall deliver to the Collector a


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complete tax list, showing the amount assessed on each per- son liable to taxation on his poll, or estate, or both, on or before the first day of August in each year.


SEC. 2. All ordinances and parts of Ordinances inconsis- tent with the provisions of this Ordinance, are hereby re- pealed. Passed July 16, 1849.


43


An ordinance directing when the taxes of 1849 shall be com- mitted by the Assessors to the Collector.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SEC. 1. The Assessors of the year 1849, shall deliver to the Collector a complete tax list, showing the amount as- sessed on each person liable to taxation on his poll, or es- tate, or both, before the 15th day of August of the present year.


SEC. 2. All Ordinances and parts of Ordinances incon- sistent with the provisions of this Ordinance are hereby re- pealed. Passed Aug. 6, 1849.


44


An ordinance regulating the weighing of Hay and other Articles.


Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SEC. 1. It shall be the duty of the City Council, from time to time, as the public good may require, to establish a sufficient number of public scales, furnished with decimal weights, for the weighing of hay and other articles.


SEC. 2. The City Council shall annually, in the mouth of April, by concurrent vote, appoint suitable persons to be weighers of hay and other articles, who shall hold the office during the pleasure of the City Council, each of whom, shall, before entering upon the duties of his office, be sworn to the faithful discharge of the same by the Mayor or City Clerk.


SEC. 3. It shall be the duty of the persons so appointed, to attend at the scales that may be assigned to them respec- tively, to deliver to the driver of every load of hay, straw, or other article weighed, a certificate specifying the name of the driver or owner, the town from whence driven, the weight and tare, the amount of fees received and the date, and to keep an account of all hay and other articles weighed in books to be furnished by the Mayor and Aldermen, which sliall at all times be open to their inspection, and when filled shall be placed with the other records of the City, and the persons so appointed shall settle their accounts quarterly with the Mayor and Aldermen, and shall pay over to the City one half of all the fees received for weighing; the other


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CITY ORDINANCES.


half shall be retained by each weigher, as full compensation for the services prescribed in this Ordinance.


SEC. 4. It shall be the duty of the Mayor and Aldermen to furnish each person appointed weigher with duplicate copies of all laws in force, relating to the weighing of hay and other articles, and of all Ordinances of the City of Wor- cester, relating thereto ; one of which copies shall be posted up in some conspicuous place in his office.


SEC. 5. The fees for weighing hay and other articles, to be received by the weighers, shall be as follows, viz : one cent for every hundred pounds of hay or straw, and one half cent for every hundred pounds of all other articles. Provided, however, that the fees for weighing any article shall never be less than twelve and a half cents.


The vehicle containing the same, and other tare, shall be weighed without charge.


No fees shall be taken for any weighing done for the City.


SEC. 6. The owner or driver of any wagon, cart, sled or other carrriage containing hay, straw, or anthracite coal, for sale in larger quantities than five hundred pounds, who shall proceed to deliver the same within the City, without first causing the same to be weighed by some one of the weighers appointed by the City Council, shall forfeit and pay for the use of the City, the sum of five dollars, to be recovered by complaint before the Justice of the Police Court.


SEC. 7. Persons having hay or straw for sale, may stand with the same in Lincoln or Washington squares, and in such other places as the Mayor and Aldermen may appoint.


SEC. 8. All By-Laws of the town of Worcester, or Or- dinances of the City, inconsistent with the provision of this Ordinance are hereby repealed, l'assed Aug. 13, 1849.


45


An ordinance, to establish sidewalks in Main Street. Be it Ordained by the Mayor, Aldermen and Common Council of the City of Worcester, in City Council assembled, as follows :


SECTION 1. That eight feet in width, of all that part of the southeasterly side of Main Street, lying between Myrtle street, and Sycamore street, be, and the same is established as a sidewalk.


SEC. 2. That eight feet in widthi, of all that part of the northwesterly side of Main street, lying between Austin street, and a point opposite Charlton street, be, and the same established as a sidewalk.


SEC. 3. The before mentioned sidewalks, shall be sub- ject to all the provisions, restrictions, conditions and require- ments provided for sidewalks, contained in the ordinances the city of Worcester. Passed Sept. 24, 1849.


5


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CITY ORDER.




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