USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1880 > Part 3
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SEC. 13. Any person may call for a division of a question when the sense will admit of it; a motion to strike out and insert shall be deemed indivisable; but a motion to strike out being lost shall neither preclude amendment nor a motion to strike out and insert.
SEC. 14. No action shall be had at any Town Meeting on the report of any committee previously chosen unless the same shall be specially notified in the Warrant for calling said meeting.
SEC. 15. No vote fixing the time for closing a ballot shall be reconsidered after such ballot shall have commenced, but the time for closing such ballot may be extended with such reconsideration.
SEC. 16. When any legal voter shall move that any question shall be taken by yeas and nays, the Moderator shall take the sense of the meeting in that manner, provided twenty legal voters shall so direct.
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BY-LAWS.
SEC. 17. The motions, to adjourn, to lay on the table, to take from the table, for the previous question, and for the yeas and nays, shall be decided without debate.
SEC. 18. The duties of the Moderator, not prescribed by the statutes, or the foregoing rules shall be determined by the Rules of Practice contained in Cushing's Manual of Parliamentary Law- so far as they are adapted to the conditions and powers of the Town.
FINANCIAL.
CHAPTER 3.
SECTION 1. The financial year of the Town shall begin with the first day of March in each year, and end on the last day of the fol- lowing February.
SEC. 2. No money (except State taxes and principal and inter- est of legally authorized Town notes) shall be paid by the Town Treasurer without a written or printed warrant for the same, signed by the Selectmen or a major part of them.
SEC. 3. The Town Treasurer shall issue no note in the name of the Town without being countersigned by a majority of the board of Selectmen, and no note shall be valid against the Town unless so signed and countersigned, and the Treasurer and Selectmen shall keep a record of all notes so given.
SEC. 4. The Town Treasurer shall, on the first secular day of March, annually, render to the Auditors, in writing, a full account
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BY-LAWS.
of all his receipts and disbursements for the financial year last past.
SEC 5. The Treasurer and Collector shall give bonds for the faithful discharge of their several duties in such sums as the Town may order, and with sureties satisfactory to the Selectmen.
SEC. 6. All money received by any town officers, or Commit- tee or any person acting for or in behalf of the Town shall, upon re- ceipt of the same, be paid into the Town Treasury, except such sums as may be received for dog licenses, which shall be paid into the County Treasury.
SEC. 7. All bonds of Treasurers, Collectors, Constables or oth- er persons shall be safely kept and retained by the authorities of the Town, and shall not be surrendered or canceled.
SEC. 8. The Town Treasurer shall present to the Auditors proper vouchers for all monies paid out for interest on the Town notes.
TAXES.
CHAPTER 4.
SECTION 1. All taxes shall be assessed, and the tax list and Warrant shall be committed to the Collector on or before the first day of August in each year, and the Collector shall deliver all the tax bills within fourteen days after such commitment.
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BY-LAWS.
SEC. 2. On the first secular day of each month the Collector shall pay over to the Treasurer of the Town all taxes by him col- lected (except County taxes), and shall on or before the twentieth day of February in each year make up his annual account, and ren- der the same to the Selectmen.
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SEC. 3. All taxes assessed in each year shall be paid on or be- fore the first day of December in the same year. In all cases where the tax bills are not paid at the time specified above, it shall be the duty of the Collector forthwith to issue a summons to each delinquent, and if such delinquent does not pay the amount of his tax within fourteen days after the issuing of the summons, with twenty cents for the summons, the Collector shall forthwith proceed to collect the amount due, in manner provided by law.
HIGHWAYS.
CHAPTER 5.
SECTION 1. No building shall be moved over any public road or way in this Town without a written permit from the Selectmen be- ing obtained, and any person who shall not comply with such re- strictions as the Selectmen shall think public security requires them to set forth in any permit, shall forfeit and pay for every such offence the sum of ten dollars, provided that the Selectmen shall in no case grant permit for the removal of any building whatsoever which in the course of its removal will be likely to destroy or dam- age any trees or shrubs, the property of individuals, whether standing in the roads or in the fields, unless the consent of such in- dividuals is first obtained.
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BY-LAWS.
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SEC. 2. Such written permission shall contain a condition that the owner of such building, or the person or persons removing the ame shall pay the Town all damages, costs and expenses for which the Town may be liable or compelled to pay by reason of said street being obstructed or encumbered.
SEC. 3. Whenever complaint shall be made to the Selectmen that the practice of coasting on any of the streets or sidewalks in the Town has become dangerous to the public safety, they may, if they shall judge it expedient, post up a notice in some conspicuous place on the side or corner of any such street or sidewalk, forbid- ding all persons to coast upon the same, and if any person shall be found coasting on the same after the posting of such notice, he shall forfeit a sum not less than one dollar nor more than five dol- lars for every such offence, to be recovered of the offender, his pa- rent or guardian
SEC. 4. No person, except the Highway Surveyor, in the law- ful performance of his duty, or those acting under his orders, shall obstruct any sidewalk or street, or any part thereof, or break or dig the gravel of the same, without first obtaining a written license from the Selectmen, and the person so licensed shall put and keep up a suitable railing around the parts of any sidewalk or street so obstructed, and shall place a substantial and convenient walk around such obstructions, and keep as many lighted lanterns fixed at proper places for the protection of the public, from twilight through the night, as the Selectmen or Highway Surveyor shall di- rect, so long as the said obstruction shall be unsafe or inconvenient for travelers.
SEC. 5. Any person placing any obstructions on any sidewalk
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BY-LAWS.
or highway of the Town without a permit from the Selectmen, who shall not remove such obstructions immediately after receiving no- tice from any Police Officer, shall forfeit three dollars for every such offence, and three dollars additional for every six hours such obstructions remain.
SEC. 6. No awning, sign or projection of any kind shall be erected or constructed over the sidewalk without a written permit from the Selectmen, stating the conditions upon which such projec- tions are granted, and the length of time they shall continue.
SEC. 7. Whoever posts, affixes or in any way attaches any post- er, handbill, notice, advertisement or placard to or upon any post, wall, fence, building or structure not his own, without the permis- sion of the owners or proprietors of such post, wall, fence, building or structure, shall forfeit and pay for each offence a fine of not less than five or more than twenty dollars, to be paid into the treasury of the Town.
SEC. 8. Whoever paints, draws, or stamps any letter, notice, figure, advertisement, or marks upon any wall, fence, post, tree, building or structure not his own, without the permission of the owner of such wall, fence, post, tree, building or structure, or with- out said permission mars, defaces or disfigures in any way such wall, fence, post, tree, building or structure, shall forfeit and pay for each, a fine of not less than five nor more than twenty dollars, to be paid into the treasury of the Town.
SEC. 9. No person shall leave any wagon, cart or other vehicle, wood, coal, or other articles in any street, way or sidewalk, and suffer the same to remain over night without maintaining a suffi-
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BY-LAWS.
cient light over or near the same through the night, to prevent injury to travelers.
SEC. 10. No person shall fire or discharge any gun. fowling piece, pistol or firearm, or set fire to any materials known as " fire- works," or other combustible matter, or throw any such lighted fireworks in any of the public or private ways of the Town, except on such occasions as the Board of Selectmen may specially permit.
SEC. 11. One or more persons standing on any sidewalk or crosswalk in such a manner as to obstruct a free passage for foot passengers, who shall not disperse immediately, when ordered by any of the Selectmen or Police Officers of the Town, shall severally forfeit the sum of three dollars for every violation of this by-law.
SEC. 12. Every owner of any vehicle, or person in charge of the same, stopping on the highways of the Town so as to ob- struct or delay the passage of other vehicles, or for the purpose of peddling any article shall attract such a number of persons as shall obstruct or delay the passage of vehicles, who shall not re- move such obstruction immediately when ordered by any Police Officer, shall forfeit three dollars for every such offence.
SEC. 13. No vehicle of any kind, with or without a horse or any other animal attached, shall remain backed against the side- walk on any highway of the Town any longer than it may be ab- solutely necessary to load or unload the same.
SEC. 14. No person shall suffer or permit any horse or other animal, carriage or vehicle of any kind belonging to him or under his care, to stand or stop upon any sidewalk or crosswalk in the
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Town for any purpose, except the taking or leaving of passengers or merchandise, or for any longer time than may be absolutely necessary for such purpose.
SEC. 15. No gate, either for the use of persons, horses, cattle, carriages, or vehicles of any kind, constructed in any fence abut- ting on the highways of the Town, shall open outward over the sidewalk or highway.
SEC. 16. No person shall ride any horse or drive any horse at- tached to a carriage of any description, either of burden or pleasure, or cause the same to be driven in any street, lane or other way in the Town, at an immoderate gait, so as to endanger or expose to injury any person standing, walking or riding in or on the same, under a penalty of not less than two dollars, nor more than ten dollars for each offence.
SEC. 17. No owner, or person having the charge of any horse, cow, swine, sheep, goat, or other grazing animal, shall permit rhe same to pasture in any street or public way within the Town, either with or without a keeper, under a penalty of not less than one dollar nor more than five dollars for each offence. Provided, that this by-law or regulation shall not affect the rights of any person to the use of land within the limits of such way adjoining his own premises, and it shall be the special duty of Field Drivers of this Town to enforce the by-law.
SEC. 18. No person shall erect or cause to be erected any fence or building adjoining any street or public ground, or set any posts without having first obtained the bounds of the same by applica- tion to the Selectmen for that purpose. 8
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BY-LAWS.
DUTIES OF TOWN OFFICERS.
CHAPTER 6.
SECTION 1. The Selectmen shall have full authority as agents of the Town to institute and prosecute suits in the name of the Town, and to appear and defend suits brought against it, unless it is oth- erwise specially ordered by a vote of the Town.
SEC. 2. There shall be chosen annually, by ballot, a board of Auditors, consisting of three persons, whose duty it shall be to audit the accounts of the Treasurer, Selectmen, and other Town officers, committees and agents, at the close of the fiscal year, which shall be on the last day of February, annually, and for this purpose they shall have access to all the books and vouchers be- longing to the Town, and report at the next Town Meeting, in detail, under their respective heads, all the receipts and expendi- tures by the Town for the previous year, said report, with all other reports of Town officers, shall be printed, and a copy thereof left at every dwelling-house in Town, three days at least before the Annual Town Meeting.
SEC. 3. The Town Treasurer shall take the oath and file his official bond according to law, before entering upon the duties of that office.
SEC. 4. The Selectmen may appoint, annually, two or more Police Officers, whose special duty it shall be to see that these By-Laws are duly enforced, and who shall remain in office until others are appointed in their place, subject to removal by the
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BY-LAWS.
Selectmen, and they shall receive from the Town such compensa- tion for their services as the Selectmen may deem reasonable.
SEC. 5. All accounts and other claims against the Town for labor done, services performed, or materials of any kind furnished for the use of the Town, under the charge, direction or superin- tendence of any board or officer of the Town, shall, when pre- sented to the Selectmen, bear an attestation of the approval of such board or officer; otherwise the same shall not be received nor acted upon by said Selectmen, and the Selectmen shall not authorize the payment of any account or claim whatsoever against the Town unless such account or claim be separately made out, when belonging to different departments, and accompanied by a full and exact statement of the labor or service performed, or the materials furnished ; and the Selectmen shall also receive satisfac tory vouchers from each of the persons to whom payment was due.
SEC. 6. Whenever the appropriation placed in the hands of any board or department for a specified purpose shall be exhaust- ed, such board or department shall not proceed to further expendi- ture without authority from the Town, provided that this shall not forbid any expenditure that may be absolutely needful to the pub- lic safety, or that may be imperatively required by the laws of the Commonwealth.
SEC. 7. The Town Clerk shall make an annual report upon the vital statistics of the Town. Said report shall show in detail the uumber of births and marriages in the Town during the year ; the number of deaths and the causes thereof, so far as known; the number of children between the ages of five and fifteen years, as returned by the assessors; the number of licenses for different
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BY-LAWS.
purposes issued during the year, and the sums received therefor to the use of the Town.
SEC. 8. It shall be the duty of the Town Clerk to notify imme- diately, in writing, all committees that may be elected or appoint- ed at any Town meeting, and the nature of the business upon which they are expected to act.
TRUANCY.
CHAPTER 7.
SECTION 1. Any child between the ages of seven and fifteen years, who may be found in any street or public place in the Town during school hours, and not giving a satisfactory reason for his or her absence from school, shall be arrested by any Truant officer of the Town, and taken to the school to which he or she belongs, and delivered to the teacher thereof, and any child who may be absent as aforesaid a third time shall be deemed an habitual truant.
SEC. 2. A child guilty of truancy shall be reported by the teacher to one of the School Committee, who shall, if he deems the offence sufficiently aggravated to deserve punishment, forth- with notify the parent or guardian of such child, who shall be allowed to prevent summary punishment by such pledges for the good conduct of the child as shall be satisfactory to the School Committee ; and if such pledges are not given or kept, the School Committee or any one of them may forthwith notify one of the
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BY-LAWS.
Truant officers, who shall at once make the complaint required by law against such child before any Trial Justice or tribunal having jurisdiction of the case.
SEC. 3. There shall be appointed annually by the School Com- mittee one or more Truant officers, whose duty it shall be to see that the laws in relation to truancy are duly enforced, and make and prosecute to final judgment all complaints under the same, and they shall receive for their services such compensation as the School Committee may deem reasonable.
DOGS.
CHAPTER 8.
SECTION 1. Every owner or keeper of a dog shall annually, on or before the 30th day of April, cause it to be registered, num- bered, described and licensed for one year from the first day of the ensuing May, in the office of the Town Clerk, and shall cause it to wear around its neck a collar distinctly marked with the owner's name and registered number, and shall pay for such license two dollars for a male dog, and five dollars for a female dog.
SEC. 2. Any person becoming the owner or keeper of a dog not duly licensed, on or after the first day of May, shall cause said dog to be registered, numbered, described and licensed until the first day of the ensuing May, in the same manner and subject to the terms described above.
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BY-LAWS.
SEC. 3. Any person keeping a dog contrary to this by-law shall forfeit fifteen dollars, of which five dollars shall be paid to the complainant, and ten dollars to the Town Treasurer.
BOARD OF HEALTH.
CHAPTER 9.
SECTION 1. No person shall suffer to remain about his premises any noxious, poisonous, decayed or putrid animal or vegetable matter, and the Board of Health shall have power to abate such nuisance, and the expense thereof shall be paid by the guilty party.
SEC. 2. No person shall put or cause to be put or placed in any street or other public place in the Town, any dirt, garbage, carrion. shavings, filth, oyster shells, offal, or any kind of rubbish, except in such place and in such manner as shall be directed or permitted by the Board of Health, on pain of forfeiting and paying for each offence a sum of not less than one dollar nor more than five dollars ; and in case any person so offending shall refuse or neglect to remove such matter or thing without delay, after notice given to him or her by Board of Health to so remove the same, such person shall forfeit and pay a further sum of not less than two dollars, nor more than ten dollars for any such offence.
SEC. 3. It shall be the duty of the Board of Health to look after the sanitary condition of the Town, and make all such regu -.
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BY-LAWS.
lations as it judges necessary for the public health and safety, re- specting nuisances, sources of filth, and causes of sickness within the Town, and respecting articles which are capable of containing infection or contagion, or of creating sickness, brought into or conveyed from the Town.
SEC. 4. It shall be the duty of such Board of Health to enter complaint against all parties offending against the laws of the Commonwealth providing for the preservation of the public health, and to prosecute the same to final judgment at the expense of the Town.
CEMETERIES.
CHAPTER 10.
SEC. 1. Whoever shall be guilty of tearing down or injuring any fence or erection enclosing any cemetery or place for the burial of the dead in the Town, or whoever shall trespass upon any such place in the Town by resorting thereto to engage in any sport or game, or of appropriating any part of any such enclosure to any other than for burial purposes, shall be liable to a fine of not less than five dollars, nor more than twenty dollars for each offence.
SEC. 2. It shall be the duty of the Superintendent or persons having charge of the Cemeteries in the Town to examine into all trespasses enumerated in the above section, aud to complain of all persons offending against the same, as well as against the statutes
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of the Commonwealth relating to the preservation of cemeteries and places of burial.
BY-LAWS- WHEN TO TAKE EFFECT.
These By-Laws shall go into effect upon their approval by the Superior Court within and for the County of Essex, or by some Justice of said Court, and upon such approval all existing By- Laws shall be repealed.
REPORT
OF THE
SUPERINTENDENT OF THE CEMETERY.
At our last Annual Meeting an appropriation was made for the purpose of making certain improvements in our Cemetery.
I have now to report the work on same completed. The common lot has been graded and laid out in plats, with walks between them, and in other ways the appear- ance of the lot has been improved and made more attract- ive. Besides this work the well has been sunk deeper, and now there is plenty of water, which I believe will hold good during the dryest season. There has also been a number of trees set out in different parts of the grounds, and a new door furnished for the Town Tomb. The total expenditures huve been $227.00. The number of lots sold during the year was seven, and the price obtained was $25 each.
The grounds are now in excellent condition, and I am of the opinion that no extra appropriation will be needed for some time.
Respectfully, JOSEPH STANLEY, Supt.
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TOWN WARRANT.
ESSEX, SS.
To JAMES WHEELER, Constable of the Town of Swampscott :
GREETING :-
In the name of the Commonwealth of Massachusetts, you are directed to notify and warn the inhabitants of the Town of Swamp- scott. qualified to vote in town affairs, to meet at the Town Hall in said Swampscott. on the thirteenth day of March next, at eight o'clock in the forenoon, then and there to act on the following arti- cles :
ARTICLE 1 .- To choose a Moderator to preside at said meeting. ART. 2 .- To choose all necessary officers for the ensuing year.
ART. 3 .- To hear and act on the report of the Selectmen, of the Auditors, of the School Committee, of the Trustees of the Library, of the Surveyor of Highways, of the Committee on the Revision of the By-Laws, and of the Chief Engineer of the Fire Department.
ART. 4 .- To raise such sums of money as may be necessary to defray Town expenses for the ensuing year, and make appropria- tions for the same.
ART. 5 .- To see if the Town will accept the List of Jurors, as prepared by the Selectmen.
ART. 6 .- To see if the Town will appropriate a sum of money to compensate S. A. Lewis for the damage done his estate by the lay- ing out of Rock Avenue.
ART. 7 .- To see what action the Town will take in regard to the claim of Geo. F. King.
ART. 8 .- To see what action the Town will take in regard to ap- propriating any sum of money to establish street lamps.
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TOWN WARRANT.
ART. 9 .- To see what action the Town will take in regard to enlarging the Town Hall.
ART. 10. - To see what action the Town will take to provide some public system of drainage, and make an appropriation there for.
ART. 11 .- To see if the Town will introduce pure water, and make an appropriation therefor.
ART. 12 .- To see if the Town will prohibit the people from run. ning their sewerage or drainage on to the beaches or into the Town drains.
ART. 13 .- To see if the Town will appropriate one thousand dol- lars to furnish and set curbstones.
ART. 14 .- To see if the Town will appropriate a certain sum of money to enforce the laws of the State in regard to the sale of in- toxicating liquors for the ensuing year.
ART. 15 .- To see what action the Town will take in regard to stationing a policeman at the Town Hall at all public entertain- ments.
ART. 16 .- To see if the Town will vote to make the Library free to all residents of the Town.
ART. 17 .- To see if the Town will instruct the Selectmen to ap- point three trustees for the Library, one for three years, one for two years, and one for one year, and then after that one each year for three years.
ART. 18 .- To see if the Town will authorize the Treasurer to hire money. under the direction of the Selectmen, to pay Town in- debtedness.
ART. 19 .- To see if the Town will authorize the Treasurer to hire money, under the direction of the Selectmen, in anticipation of the taxes to be assessed and collected.
ART. 20 .- To see in what manner the Town will appropriate the money received for the license of dogs.
ART. 21 .- To see what discount, if any, the Town will allow on taxes paid before a certain date.
ART. 22 .- To see what action the Town will take in regard to the collection of taxes for the ensuing year.
ART. 23 .- To see what action the Town will take in regard to uncollected taxes.
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TOWN WARRANT.
ART. 24 .- To see what sum of money the Town will appropriate for the maintenance of the Town Library.
ART. 25 .- To see if the Town will accept Chapter 186 of the Acts and Resolves passed by the General Court of Massachusetts in the year 1877, entitled " an Act in relation to Overseers of the Poor."
ART. 26 .- To see if the Town will accept Chapter 255 of the Acts and Resolves passed by the General Court of Massachusetts in the year 1878, entitled " an Act in relation to Selectmen and Assessors."
ART. 27 .- To see if the Town will appropriate a sum of money not to exceed fifteen hundred dollars, to purchase a lot of land, and erect an engine house thereon, in some convenient place near Blaney's Beach, agreeable to the petition of William Granger and others.
ART. 28-To see what action the Town will take on the Auditor's Report in the case of J. P. Palmer vs. the Town of Swampscott.
ART. 29 .- To see if the Town will dispense with or remove the watering trough on Humphrey street, in front of the fish market of W. A. Stubbs.
ART. 30 .- To see if the Town will vote to elect two Surveyors of the Highways, agreeable to the petition of Abner Hayford and others.
ART. 31 .- To see what action the Town will take in regard to purchasing a lot of land for a gravel pit.
And you are directed to serve this Warrant by posting up at- tested copies thereof at several public places in said town, seven days at least before the time of holding said meeting. Hereof fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk at the time and place of said meeting.
Given under our hands, this twenty-third day of February, eighteen hundred and eighty.
JOSEPH STANLEY, GEO H. HOBBY, Selectmen. WHITFIELD A. STUBBS,
Baldwin Collection Does Not Circulate
SWAMPSCOTT PUBLIC LIBRARY 3 1996 00132 2983
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