USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1891 > Part 8
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10
ARTICLE V.
TRUANCY.
SEC. I. Habitual truants and children between the. ages of seven and fifteen years who may be found wandering about in the streets or public places of the town, having no lawful occupation or business, nor attending school, and growing up in ignorance, shall upon the complaint of a truant officer duly appointed according to law be brought before a Court or Trial Justice having jurisdiction of such offences, and upon conviction thereof shall be committed to such truant school in the County of Essex, or to such union truant school as shall be established according to law, for a term not exceeding two years.
SEC. 2. If no such truant school or union truant school shall have been established as aforesaid, at the time of any conviction under the foregoing section, the party convicted may be committed to any truant school in the Commonwealth, established according to law, where arrangements can be made for his reception satisfactory to the School Committee (Disallowed).
SEC. 3. The School Committee shall annually appoint and fix the com- pensation of one or more suitable persons to be Truant officers, who shall per- form the duties required by the provisions of Public Statutes, Chapter 48, Section II.
SEC. 4. It shall be the duty of any Truant officer, before making any complaint according to law, to notify the parent or guardian of any such child as is described in the first section of this article, if he has any, of the offence, and if satisfactory pledges shall be given to the Truant officer for the future restraint and reformation of such child, he may in his discretion forbear to make or prosecute such complaint so long as such pledges shall be faithfully kept.
SEC. 5. The Truant officers shall keep a record of their official acts, and make an annual report thereof to the School Committee, who shall publish the same in their annual report.
135
REPORT OF TOWN CLERK.
ARTICLE VI.
NEGLECTED CHILDREN.
SECTION I. Any child under sixteen years of age, who, by reason of the neglect, crime, drunkenness, or other vice of his parents, or from orphanage, is suffered to be growing up without salutary parental control and education, or is in circumstances exposing him to lead an idle and dissolute life, may. on proof thereof before any Court or Justice mentioned in Chapter 48, Section 20, of the Public Statutes, be committed to such institution of instruction, or other place, that is now, or may hereafter be assigned for such purpose. for such time as said Court or Justice may deem expedient, not extending beyond the age of twenty-one years for males or eighteen years for females, to be there kept, educated and cared for, according to law. (Disallowed.)
SEC. 2. The Selectmen shall assign from time to time some institution of instruction, or other place, to which children under sixteen years of age living in Swampscott, in the condition above described. may be sent on conviction aforesaid, and they shall also appoint suitable persons to make complaints of violations of the provisions of Section I of this Article. (I)isallowed.)
ARTICLE VII.
OF THE POLICE REGULATIONS.
SECTION I. No building shall be moved over any public road or way in this Town without a written permit from the Selectmen being obtained, and any person who shall not comply with such. restrictions 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 damage any trees or shrubs, the property of individuals, whether standing in the roads or in the fields, unless the consent of such individuals is first obtained, or security given sufficient to indemnify such individual for any damage caused as afore- said.
SEC. 2. Such written permission shall contain a condition that the owner of such a building, or the person or persons removing the same, shall pay to 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. No person shall coast upon a sled or other vehicle in or through any of the public streets, ways or sidewalks of this Town, except it be on such streets. ways or sidewalks as are publicly announced as permitted by the Select- men.
SEC. 4. No person, except the Highway Surveyors in their lawful per- formance of their duties, or those acting under their orders, shall make or cause to be made, an excavation in the public street, for any purpose whatso- ever, without having first obtained written permission from the Selectmen. And when an excavation is made in a street for any purpose, the person or persons by or for whom such excavation has been made, shall cause a rail or
136
REPORT OF TOWN CLERK.
other sufficient fence, to be placed so as to enclose such excavation, and the dirt, gravel or other material thrown therefrom, and such fence shall be main- tained during the whole time for which the excavation continues, and he or they shall also cause a lighted lantern, or some other proper and sufficient light, to be fixed to some part of such fence, or in some other proper manner, over or near the excavation, and over or near the dirt, gravel or other material taken therefrom, and so kept from the beginning of twilight through the whole of every night during all the time for which such excavation or obstruction exists.
SEC. 5. Whoever, without first having obtained written permission from the Selectmen, obstructs a public street or sidewalk by placing or causing to be placed therein any article or thing whatsoever, and suffers the same to remain in such position for more than five minutes, shall be liable to a penalty of not less than one nor more than twenty dollars.
SEC. 6. The contents of any sink, cesspool or privy shall only be removed in a vehicle effectually covered and water-tight. between the hours of six o'clock post meridian and seven o'clock ante-meridian, and the same shall,not be emptied on any beach or into the sea adjacent to any beach in the Town, but shall be carried in such cart and disposed of in the earth or otherwise as the Board of Health may by rules provide, but apart from dwelling houses.
SEC. 7. No person having the care or use of any horse or vehicle shall stop the same or allow the same to remain upon any crossing or flagging stone laid in or across any public street ; and no such person shall allow any horse or vehicle to remain in any public street so as to obstruct the same after being requested or ordered to remove such obstruction by any person having occa- sion to use such street, or by any police officer of the town.
SEC. 8. No person without first having obtained written permission from the Selectmen shall stand in any public street for the purpose of hawking or selling any article or for the exercise of any business or calling, after being requested to desist therefrom by any police officer of the town.
SEC. 9. No person shall remain upon a sidewalk in such a manner as to obstruct the free passage of foot travellers after being requested by a police officer to move on.
SEC. 10. No person shall place or keep on any sidewalk of the town, in front of any building any awning, shade or other projection, less than seven and a half feet above the sidewalk at the lowest part thereof, nor shall any such awning shade or projection extend beyond the exterior line of the sidewalk.
SEC. II. No person shall fire or discharge a gun, fowling piece or fire arm, on any public street of the Town, except at a military exercise or review duly authorized by the military authorities of the Commonwealth, or on such occasions as the Selectmen may specially permit, or in the lawful defence of his person.
SEC. 12. No person shall drive or pass with a vehicle of any kind upon any sidewalk in the Town provided that this shall not effect the right of any person to cross any sidewalk in entering or leaving private premises. No person shall draw, propel or wheel on any sidewalk of the Town any hand-
137
REPORT OF TOWN CLERK.
cart, sled, wheelbarrow, bicycle, tricycle or other carriage, except children's carriages or sleds drawn by hand.
SEC. 13. No gate either for the use of persons, horses, cattle, carriages or vehicles of any kind. constructed in any fence abutting on the highways of the Town, shall open outward over the sidewalk or highway.
SEĆ. 14. No person shall post up or affix in any manner a placard, notice or bill, either written or printed upon a fence, wall or building in this Town; and no person shall paint, print or write or cause to be painted, printed or written a notice, advertisement, or bill upon a fence, wall or building in this Town, unless he has previously obtained the consent of the person or persons having possession of such fence, wall or building.
SEC. 15. No person shall, without first having obtained the written con- sent of the Selectmen, post up or affix in any manner, a placard, notice or bill, either written or printed on a curbstone, sidewalk or tree in a street or public place in this Town, or upon a wall, telegraph pole, lamp post, fence or building belonging to the Town; and no person shall without consent, paint, print or write or cause to be painted, printed or written, a notice, advertisement or bill upon a curbstone, sidewalk or tree in a street or public place in this Town, or upon a wall, telegraph pole, lamp post, fence or building belonging to the Town.
SEC. 16. No person shall behave in a disorderly manner, or with any obscene or indecent language, in any public street or public place in this Town ; and no person shall, without right, stand or remain upon a wall or fence or upon any door step or other projection from a house or other building, so as to annoy or disturb any person, or obstruct any passage to or from such house or build- ing, after having been requested by a police officer of the Town, and by the owner or occupant of any such building, to depart and stay therefrom.
SEC. 17. Whoever shall willfully or maliciously deface or tear down any bill, placard or notice posted for a lawful purpose, except the same be affixed to premises owned by him or under his control, shall forfeit and pay a sum not less than one dollar nor more than ten dollars for each offence.
SEC. 18. 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 sufficient light over or near the same through the night to prevent injury to travelers.
SEC. 19. No owner or person having charge of any horse, cow, swine, sheep, goat or other grazing animal, shall permit the same to pasture in any street or 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 this by-law.
SEC. 20. Whoever shall ride any horse or drive any horse or horses attached to a vehicle of any description, in or upon any street or way for public travel at such an immoderate rate of speed as to endanger or expose to injury or inconvenience any person, standing, walking or riding therein, shall forfeit
138
REPORT OF TOWN CLERK.
and pay a sum not less than five dollars nor more than twenty dollars for each offence.
SEC. 21. Whoever, by any means or in any manner, shall willfully frighten any horse or play at any game in which a ball is used, or shoot with bows and arrows or throw stones or other missiles, in any street or on any sidewalk, shall forfeit and pay a sum of not less than one dollar nor more than ten dollars, for each offence.
SEC. 22. Whoever shall drive any horse, cattle or swine, or permit any horse, cattle or swine, under his care to go upon and over any sidewalk, or suffer any horse to remain hitched across any sidewalk or hitch his horse to any ornamental tree standing or growing upon any sidewalk, so as thereby to cause any injury either to persons or property of others, or to obstruct the safe and convenient passing of persons lawfully using the same, shall forfeit and pay a sum of not less than one dollar, nor more than ten dollars for each offence. ,
SEC. 23. Whoever, unless by leave of the town officers having charge of the repairs of the highways, shall throw or deposit in any street or on any side- walks any ashes, dirt, rubbish or filth of any kind, or any animal or vegetable substance, shall forfeit and pay a sum not less than one dollar, nor more than ten dollars for each offence.
SEC. 24. Whoever shall make any indecent figures or write any indecent or obscene words upon any fence, building or structure in any public place, or commit a nuisance upon any sidewalk or against any tree, building or structure adjoining the same, shall forfeit and pay a sum not less than five dollars, nor more than twenty dollars for each offence.
SEC. 25. No person shall erect or cause to be erected any fence or build- ing adjoining any street or public ground, or set any posts without having first obtained the bounds of the same by application to the Selectmen for that purpose.
SEC. 26. No person shall put or cause to be put into any catch basin in the highway any filth, sewerage, slops or dirty water.
SEC. 27. No one shall blast or rend by any explosion any rock or earth within two hundred yards of any building or way without permission from the Selectmen and properly guarding such blasting.
ARTICLE VIII.
OF THE CEMETERIES. .
SECTION I. The Selectmen shall appoint, annually in the month of April a suitable person to be Cemetery Superintendent, who shall hold his office until his successor is appointed. He shall have the care, superintendence and man- agement of the public cemeteries in the town. And the Selectmen may make rules and regulations concerning the same which the Board of Health are not authorized by law to make and which are not repugnant to any law of the Com- monwealth, or in contravention of any vote of the Town. Such Superintendent shall cause to be prosecuted all offences enumerated in Public Statutes, Chapter 207, Section 49 and 50 and in any other law, or by-law relating to the same. All moneys raised by the town, or hereinafter appropriated for the care, improve-
139
REPORT OF TOWN CLERK.
ment or embellishment of said public cemeteries, shall be expended under his direction. He shall annually, on the first day of March, make up and render a report in writing, of the condition of the Cemeteries with an itemized account of receipts and expenditures and estimates of amounts of appropriation required for the coming year which report shall be printed in the Annual Reports of the town officers.
SEC. 2. The Cemetery Superintendent shall keep set apart and reserved a sufficient portion of the Cemetery as a public burial place for the use of the inhabitants of Swampscott free of charge. He may also lay out any other por- tion of said Cemetery in suitable lots or other sub-divisions, for family or other burial places, with all the necessary paths and avenues, in conformity with the plans heretofore adopted by the town; he may plant and embellish the same with trees, shrubs and flowers, and other rural ornaments ; he shall keep the said Cemetery suitably enclosed by a wall or fence, shall maintain in good repair a receiving tomb, and may cause to be erected such other structures as may be necessary or convenient for the use of the Cemetery.
SEC. 3. The Selectmen shall have authority to grant and convey to any person or persons, by deed or certificates duly executed in the name of the town of Swampscott the sole and exclusive right of burial, and of erecting tombs, cenotaphs and other monuments, in any of the designated lots or sub- divisions of the Cemetery, upon such terms and conditions as they by their rules and regulations prescribe. Such deeds or certificates shall be recorded in a book kept for that purpose in their office.
SEC. 4. The proceeds from sales of lots or rights of burial, or of any property in said Cemetery shall be paid to the Town Treasurer, to be kept by him separate and apart from other funds of the town, and subject to the order of the Selectmen. Such proceeds shall be used for no other purpose than the care, improvement and enibellishment of said Cemetery, and any balance remaining at the end of any financial year, over and above the annual expenditures, may be invested by the Selectmen as a " Perpetual Care Fund," the income of which shall be applied solely to the care of said Cemetery.
SEC. 5. Whoever shall be guilty of tearing down or injuring any fence or erection enclosing any Cemetery or place for 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 for each offence.
SEC. 6. It shall be the duty of the Superintendent or person having charge of the Cemetery, to have entire control of the Town Tomb, and superintend all interments in the Cemetery, keeping an accurate record of the same.
ARTICLE IX.
SECTION I. Whoever violates a provision of any by-law of the Town, shall, unless other provisions is expressly made, be liable to a penalty not exceeding twenty dollars for each offence.
SEC. 2. When in any by-law anything is prohibited from being done with- out the license or permission of a certain officer or officers, such officer or
140
REPORT OF TOWN CLERK.
officers shall have the power to license or permit such thing to be done.
SEC. 3. Except as otherwise provided, any Police Officer or Constable of the Town, or the Town Treasurer, may prosecute for all breaches of the By- laws of the Town, and may also prosecute for tresspasses committed on any public building or enclosure within the limits of the Town.
ARTICLE X.
SECTION I. These By-laws may be amended at any annual Town meeting, an article or articles for that purpose having been inserted in the warrant for such meeting.
SEC. 2. All forfeitures under any of the By-laws of the Town shall be recovered by complaint, and shall inure to the use of the town of Swampscott.
SEC. 3. No person shall be prosecuted or tried for any breach of the pro- visions of any By-law of the Town, unless the complaint for the same shall be made within six months from the time of committing such breach.
SEC. 4. These By-laws shall take effect from and after their approval by the Superior Court, and all By-laws heretofore adopted by the Town are hereby repealed.
VOTED .- That the Selectmen be authorized to have fifteen hundred copies of By-laws printed and distributed through the Town.
VOTED .- To dissolve at 8.40.
141
REPORT OF TOWN CLERK.
TOWN WARRANT.
ESSEX, SS.
To cither of the Constables of the Town of Swamp- scott in said County, Greeting :
In the name of the Commonwealth of Massa- chusetts, you are directed to notify the inhabitants of the Town of Swampscott qualified to vote in Elections, and in Town affairs, to meet at the Town Hall, in said Swampscott, on Monday, the first day of December, current, at seven-thirty o'clock, P. M., then and there to act on the follow- ing Articles, viz : -
ARTICLE I. To choose a Moderator to preside in said Meeting.
ART. 2. To see if the Town will accept the pro- visions of Chapter three hundred and eighty-six of the Acts of 1890, being " an Act to authorize the printing and distributing of ballots for Town Elections at the public expense," agreeable to the petition of Charles T. Jackson, and others.
ART. 3. To see if the Town will determine what officers, if any, not required by law, to be chosen by ballot, shall be so chosen ; also the number and term of such officers.
ART. 4. To see if the Town will adopt the pro- visions of Sections sixty-four, sixty-five, sixty-six, sixty- seven, sixty-eight of Chapter twenty-seven of the Pub- lic Statutes, providing a system or manner of electing Town officers therein referred to.
ART. 5. To see if the Town will lay a two-inch water pipe from Burrill street through that portion of Claremont Terrace which is an accepted Town-way, agreeable to the petition of J. H. Farwell, and others, and appropriate money for the same.
ART. 6. To see if the Town will authorize the Selectmen to transfer from one department to another
142
REPORT OF TOWN CLERK.
for the current year any unexpended balances, when in their judgment such payments are required.
ART. 7. To see if the Town will appoint a Com- mittee to audit the books of the Assessors, and cause to be printed and published a book of valuations of all property, both real and personal, and have ready for distribution by February 1, 1891, and appropriate money for the same, agreeable to the petition of Charles T. Jackson, and others.
And you are directed to serve this Warrant by posting attested copies thereof at the Town Hall, Depot, Post Office, and three other public and conspicuous places in the 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 meeting, as afore- said.
Given under our hands this fourteenth day of November, in the year one thousand eight hun- dred and ninety.
AARON R. BUNTING, Selectmen ANDREW L. HARRIS, of
ARTHUR C. WIDGER. ) Swampscott.
RETURN ON THE WARRANT.
Pursuant to the within Warrant to me directed I have notified the inhabitants of the Town of Swampscott, qualified as herein expressed, to meet at the time and place and for the purposes herein mentioned, by posting up attested copies of this Warrant in ten public and conspicuous places in said Swampscott, on Friday, the 21st day of
143
REPORT OF TOWN CLERK.
November, in the year one thousand eight hun- dred and ninety.
JAMES WHEELER,
Constable of Swampscott.
In accordance with the foregoing Warrant the legal voters of the Town assembled at the Town Hall on Monday evening, December Ist, 1890.
The meeting opened promptly at the time appointed by the reading of the Warrant by the Town Clerk. Balloting for Moderator was imme- diately commenced, which resulted as follows :
Whole number of votes, twenty-six. Daniel P. Stimpson, fifteen, elected ; Charles T. Jackson, five ; D. Holman Millett, five ; Ivory Emmons, one.
Daniel P. Stimpson, after being sworn to the faithful performance of the duties by the Town Clerk, immediately assumed the duties of Moder- ator.
VOTED. Art. 2. That the Town accept the New mode of provisions of Chapter 386 of the Acts of 1890, en- officers. titled "An act to authorize the printing and distributing of ballots for Town Elections, at the public expense." [Unanimous.]
VOTED. To lay upon the table Art. 3, and to take up Art. 4 for consideration. Art. 4. A motion "That the Town accept the provisions of Section 64 of Chapter 27 of the Public Statutes, and the four following sections of said chapter, in regard to the election of Selectmen," was nega- tived.
VOTED. Art. 3. That the Town shall choose by ballot at its Annual Meetings the following
voting for Town
1 44
REPORT OF TOWN CLERK.
officers in the number and for the term of office as herein provided :
One town clerk for the year ensuing.
One treasurer for the year ensuing.
One collector of taxes for the year ensuing.
A board of selectmen consisting of three mem- bers for the year ensuing.
A board of assessors consisting of three mem- bers, to hold office and be chosen as provided by Chapter 255 of the Acts of 1878, heretofore accepted by the Town.
A board of school committee consisting of three members, to hold office and be chosen as provided by Chapter 44 of the Public Statutes.
A board of overseers of the poor consisting of three members, to hold office and be chosen as provided by Chapter 186 of the Acts of 1877, here- tofore accepted by the Town.
A board of trustees of the Public Library con- sisting of three members, to hold office and be chosen as provided by Chapter 304 of the Acts of 1888.
Three auditors for the year ensuing.
Three constables for the year ensuing.
A board of health consisting of three members for the year ensuing.
VOTED. Art. 5. To appropriate one hundred and twenty-five dollars (SI25) for the purpose of laying a two-inch water pipe from Burrill street, through that portion of Claremont Terrace which is an accepted Town way.
VOTED. Art. 6. To authorize the Selectmen to transfer from one department to another for the current year any unexpended balances, when in their judgment such payments are required.
Appropriation for water pipe, Claremont Terrace.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.