USA > Massachusetts > Norfolk County > Milton > Town of Milton 79th annual report > Part 2
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SECT. 3. All business except the election of such officers and the determination of such matters as by law are required to be elected or determined by ballot shall be considered at an adjournment of said meeting to the following Saturday at one-thirty o'clock in the afternoon.
SECT. 4. All motions shall, if required by the Mod- erator, be reduced to writing before being submitted to the meeting.
SECT. 5. Upon taking the question, if the decision of the Moderator is doubted, or a division of the house called for, the Moderator shall request the voters to be seated, and shall appoint tellers; the question shall then be distinctly stated, and those in the affirmative and negative, respectively, shall be requested to rise and stand in their places until they are counted by the tellers, who shall carefully count each side and make a report thereof to the Moderator.
SECT. 6. No vote shall be reconsidered at the same meeting, except upon a motion made within one hour of the adoption of such vote, unless ordered by two- thirds of the voters present and voting thereon.
SECT. 7. When a question is before the meeting, the following motions, viz .:-
to adjourn,
to lay on the table,
for the previous question,
to postpone to a time certain,
to commit (or recommit) or refer,
to amend or substitute,
to indefinitely postpone,
shall have precedence in the order in which they are placed in this section.
In proposed amendments involving amounts or dates, the smallest amount and the shortest time shall be put first.
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SECT. S. After the declaration of the vote for Town officers, fifteen legal voters shall be appointed by the Mod- erator, who shall constitute a committee to be known as the Warrant Committee. The persons so appointed shall continue as members of said committee until the Town meeting of the ensuing year.
CHAPTER 3
THE WARRANT COMMITTEE
SECTION 1. The Warrant Committee shall, within two weeks after their appointment, meet, at the call of the member thereof first named, for organization by the choice of a chairman and secretary. And they shall meet thereafter from time to time as they may deem advisable.
They shall have power to fill vacancies in their number by vote, attested copy of which shall be sent by the sec- retary to the Town Clerk.
SECT. 2. It shall be the duty of the Warrant Com- mittee to inform themselves concerning those affairs and interests of the Town, the subject-matter of which is generally included in the warrants for its Town meetings; and the officers of the Town shall, upon their request, furnish them with facts, figures, and any other informa- tion pertaining to their several departments; provided, however, that any such information may be withheld when, in the opinion of the officer or board of officers so requested, the communication thereof might injuriously affect the interests of the Town or its citizens.
SECT. 3. The Warrant Committee shall consider the various articles in the warrants for all the Town meet- ings held during the period for which they were appointed including the various articles in the warrant for the annual Town meeting next after their appointment; they shall also consider all questions submitted to the
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voters of the Town at any meeting, including State elections under any act or resolve of the Legislature and proposed amendments to the Constitution; and they shall report in print before all such meetings their esti- mates and recommendations for the action of the Town."
CHAPTER 4
THE TOWN'S FINANCES AND PROPERTY
SECTION 1. The financial year shall begin with the first day of March.
SECT. 2. The Selectmen shall annually, not less than seven days before the annual meeting, cause to be printed and distributed among the tax-payers of the Town, a de- tailed report of all moneys received into and paid out of the Town treasury during the preceding calendar year, with such information and recommendations as they may deem proper, and with detailed estimates of the amounts of money that will be required for the ensuing financial year. With this report shall be printed the records of all meetings of the Town held since the last annual report was printed, the reports of the Auditors, of the Surveyors of Highways, and of the Engineers of the Fire Depart- ment, the Collector's account of receipts, payments, and abatements, a list of all taxes assessed, an abstract of the births, marriages, and deaths to be furnished by the Town Clerk, a statement concerning the condition and funds of the public library and the cemetery to be furnished by the Trustees respectively, and a statement of all other funds belonging to the Town or held for the benefit of its inhabitants; also statements of the liabili- ties of the Town on bonds, notes, certificates of indebted- ness, or otherwise, and of the total money paid the Town, the income of which is to be applied to the care of lots in the cemetery. The annual report shall also contain
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such other matters as may be required by the By-Laws of the Town.
SECT. 3. The assessment of taxes shall be completed and the tax list and warrant shall be delivered to the Collector on or before the first day of August in each year.
SECT. 4. Poll taxes shall be payable on demand, and all other taxes assessed in each year shall be payable on or before the first day of November in the same year; and on all such taxes as are not paid on or before the said first day of November, interest shall be charged at a rate to be fixed annually by the Town, pursuant to Section 71 of Chapter 490 of the Acts of the year 1909, Part 1, and the Collector shall use all the means and processes provided by law for the collection of all taxes remaining unpaid after the first day of November in the same year.
SECT. 5. No person being an officer of the Town shall in his official capacity make or pass upon, or participate in making or passing upon, any sale, contract or agree- ment, or the terms or amount of any payment, in which the Town is interested and in which such officer has any personal interest at variance with that of the Town.
SECT. 6. The Selectmen, being duly authorized by vote of the Town under the limitations imposed by stat- ute, may authorize the Treasurer to borrow money tem- porarily in anticipation of the collection of taxes, or upon loans authorized by vote of the Town, and to give promis- sory notes therefor in behalf of the Town, the same to be signed by the Treasurer and countersigned by a ma- jority of the Selectmen.
SECT. 7. No money granted for special purposes shall be applied to any other use unless by a vote of the Town, and all unexpended balances of such grants shall be stated in the annual report.
SECT. 8. No order shall be drawn by any officer or
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committee on the Town Treasurer for any purpose not authorized by a vote of the Town, or by the laws of the Commonwealth, nor shall any such draft be made for any amount which overdraws the appropriation against which it is made, whether general or special; and the Town Treasurer shall keep full accounts in respect to the several separate appropriations and the drafts made against each, and shall not honor any draft which does not state specifically the appropriation against which it is drawn, or which overdraws such appropriation, whether general or special.
SECT. 9. To provide for extraordinary expenditures of departments, should any become necessary in excess of appropriations made, the Town shall annually appro- priate a certain sum of money to be known as the Con- tingent Fund. No direct drafts against this fund shall be made, but transfers from the fund may be made by vote of the Warrant Committee to the account of any other appropriation. A certified copy of such vote shall be sent to the Town Treasurer, and the Treasurer shall transfer accordingly, and honor drafts against the funds so transferred as if originally appropriated.
SECT. 10. No board, committee, or officer of the Town shall commit the Town to any expenditure or liability which would, in the ordinary course of business, be chargeable to the appropriation of which such board, committee or officer is or has been in charge. after such appropriation has been exhausted, or after the satisfac- tion of all liabilities against it would exhaust it, until either the Warrant Committee shall have transferred additional sums to such appropriation, or until the Town at a meeting of the voters, shall have acted in the matter.
SECT. 11. No grant of a sum of money exceeding five hundred dollars shall be made until the subjeet-matter thereof has been considered and the estimates reported to
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the Town, either by the Selectmen or other Town officers, or by the Warrant Committee or some committee chosen for that purpose in pursuance of a vote of the Town.
SECT. 12. 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 otherwise specially ordered by a vote of the Town,
SECT. 13. Whenever it shall be necessary to execute any deed conveying land or other instrument required to carry into effect any vote of the Town, the same shall be executed by the Selectmen, or a majority thereof, in behalf of the Town, unless the Town shall otherwise vote in any special case.
SECT. 14. Two Auditors shall be chosen by ballot at the annual meeting, who shall have the power and per- form the duties prescribed by statute.
CHAPTER 5
THE CEMETERY
SECTION 1. The sole care, superintendence, manage- ment, and control of the Cemetery shall be intrusted to a Board of five Trustees to serve for the period of five years; one of said Board shall retire and a new member be elected at each annual meeting of the Town.
In case of vacancies in the Board of Trustees the re- maining members may fill the same, but any member so chosen shall hold office only until the next annual Town meeting, when a Trustee shall be elected for the unex- pired term.
SECT. 2. Citizens of Milton who are heads of families and have been residents of the Town not less than five years shall be entitled to lots in the Cemetery, allowing one lot to a family, subject to the regulations adopted by
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the Town, upon payment of the charges for putting the lot in order; but by unanimous consent of the Trustees the five years' residence requirement may be waived.
SECT. 3. The Trustees, when in their judgment it shall be deemed advisable, may sell lots at the rate of fifty cents a square foot, but only to those who are in some way connected with Milton people.
SECT. 4. The proprietor of each lot shall cause to be erected, at his own expense, corner-stones, and a step with his name and the number of the lot inscribed on the same, and shall cause his lot to be kept in proper order; and if the proprietor shall omit for thirty days after notice to erect such landmarks and to keep the lot in order, the Trustees shall have authority to have the same done at the expense of said proprietor.
SECT. 5. No lot shall be used for any other purpose than as a place of burial for the dead, and no proprietor shall suffer the remains of any person to be deposited within the bounds of his lot for hire; nor shall any pro- prietor sell or transfer the whole or any part of his lot without the consent of the Trustees.
SECT. 6. If in the judgment of the Trustees any trees or shrubs in any lot shall become detrimental to the adjacent lots or avenues, or dangerous or inconvenient, it shall be the duty of the Trustees to enter upon said lot and to remove said trees and shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.
SECT. 7. There shall be no structure or inscription placed in, upon or around any lot which the Trustees shall deem offensive or improper; and it shall be the duty of the Trustees to remove all offensive or improper objects.
SECT. 8. The Trustees shall have authority to pur- chase any tomb in the Cemetery offered for sale, paying for the same such sums as, in their judgment, may be fair and reasonable. They shall also have authority to
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give for any tomb a lot to be constructed on the land occupied by the tomb, or to be selected at some other point in the Cemetery grounds, as they may agree with the proprietor of the tomb. Should there be no living proprietors, or legal representatives of deceased proprie- tors, the Trustees may take possession of such Tomb, carefully remove its contents to a lot prepared for the purpose, and erect over the remains a suitable memorial stone.
SECT. 9. The following regulations shall be posted within the Cemetery :-
1. All persons are prohibited from driving on the borders.
2. No horse shall be left upon the grounds without a keeper, unless fastened to posts provided for the purpose.
3. All persons are prohibited from discharging fire- arms within the grounds of the Cemetery, except in con- nection with military memorial services.
4. All persons are prohibited from writing upon or otherwise defacing any sign, monument, fence, or other structure.
5. All persons are prohibited from gathering flowers, or breaking any tree, plant or shrub.
6. Dogs are not allowed within the Cemetery grounds.
CHAPTER 6
POLICE REGULATIONS
SECTION 1. No person shall move or assist in moving any building, over any way which the Town is obliged to keep in repair, without the written permit of the Select- men being first obtained; nor, having obtained such per- mit, without complying with the restrictions and pro- visions thereof.
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SECT. 2. Whoever, without a written license from the Selectmen, shall cause or suffer any cart or wagon to re- main within the limits of any public way so as in any man- ner to obstruct travel thereon, or for more than twenty- four hours, shall forfeit and pay a sum not less than one dollar and not more than ten dollars for each offence; and he shall be subject to a like penalty if he neglects to remove the same within the time ordered by such offi- cers, who may revoke such license at any time.
SECT. 3. No person shall place or cause to be placed, upon any public way or sidewalk, any lumber, iron, wood, coal, trunk, bale, box, crate, cask, barrel, package or other thing, and allow the same to remain for more than one hour, or more than ten minutes after being notified by a constable, police officer or the Selectmen.
SECT. 4. Any person who intends to erect, repair or take down any building on land abutting on any way which this Town is obliged to keep in repair, and desire to make use of any portion of said way for the purpose of placing thereon building materials or rubbish, shall give notice thereof to the Selectmen. And thereupon the Selectmen may grant a permit in writing to occupy such a portion of said way to be used for such purpose as in their judgment the necessity of the case demands and the security of the public allows; such permit in no case to be in force longer than ninety days, and to be on such conditions as the Selectmen may require; and es- pecially in every case, upon condition that during the whole of every night, from twilight in the evening until sunrise in the morning, lighted lanterns shall be so placed as effectually to secure all travellers from liability to come in contact with such building materials or rubbish.
SECT. 5. No person shall throw or place, or cause to be thrown or placed, any ice or snow into or upon any
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public way unless the same be broken into small pieces and spread evenly.
SECT. 6. Whoever, without the written permission of the Selectmen, shall place or cause to be placed in or upon any public way, or sidewalk, 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.
SECT. 7. Whoever shall suffer any horse or grazing beast, or swine, to run at large in the Town, or to feed in any public way either with or without a keeper, and whoever shall drive any such animal upon any sidewalk, or suffer any horse to remain hitched across any side- walk, shall forfeit and pay a sum not less than one dollar nor more than ten dollars for each offence.
SECT. S. Three or more persons shall not continue to stand or remain in a group, or near to each other, on any sidewalk or in any public place in such a manner as to obstruct a free passage for foot passengers, after having been requested by a constable or police officer to move on. Any person who shall violate the provisions of this sec- tion shall forfeit and pay a sum not less than one dollar nor more than ten dollars for each offence.
SECT. 9. No person shall dig up or obstruct any portion of any way which the Town is obliged to keep in repair without the permit, in writing, of the Selectmen, nor, having obtained such permit, shall fail to comply with the conditions thereof; and in addition to any penalty to which he may be subjected under these By-Laws for such failure, he shall reimburse the Town for all expenses and damages which, or for which, the Town may be com- pelled to pay by reason of such unauthorized use, or any failure to comply with said conditions.
SECT. 10. No person shall ride or drive any beast of burden, carriage or draught, or shall propel or cause to be
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propelled any bicycle, tricycle, automobile or any vehicle whatsoever, at a rate of speed exceeding ten miles an hour, in or over any crossing in any public way.
SECT. 11. No person shall permit any team under his care or control to stand across any public way in such a manner as to obstruct the travel over the same for an unnecessary length of time; no person shall stop with any team in any public way so near to another team as to obstruct public travel; and no person shall stop with any team or carriage upon or across any crossing in any public way.
SECT. 12. No person shall drive or take charge of at the same time in any public way two or more vehicles drawn by horses or other beasts; or shall allow any vehicle belonging to him to be driven in any public way without some competent person in charge thereof.
SECT. 13. Whoever shall coast upon ice or snow on Adams Street, between Churchill's Lane and the line of the City of Boston, or upon any public way on which the Selectmen or Superintendent of Police shall by public notice have forbidden such coasting, and whoever shall drive, wheel or draw any coach, cart, wheelbarrow, hand- cart, velocipede, bicycle or any carriage of burden or pleasure, except children's carriages, or coast upon any sidewalk in the Town, shall forfeit and pay a sum not less than one dollar nor more than ten dollars for each offence.
SECT. 14. Whoever shall behave in an indecent or disorderly manner, or use profane, indecent, or insulting language in or upon any sidewalk, public way, or other public place, to the annoyance or disturbance of any other person there being or passing in a peaceable manner, shall forfeit and pay a sum not less than one dollar nor more than twenty dollars for each offence.
SECT. 15. Any person or persons who shall play or
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perform on any musical instruments, or sing, parade, march, or congregate in any public way or public place, except in connection with a funeral, without the written permit of the Selectmen, shall forfeit and pay a sum not less than one dollar nor more than twenty dollars for each offence.
SECT. 16. Whoever shall be or remain on any doorstep, portico, or other projection from any house or building, or upon any wall or fence on or near any public way or public place, after being requested by the occupant of the premises or by any constable or police officer to remove therefrom, shall forfeit and pay a sum not less than one dollar nor more than ten dollars for each offence.
SECT. 17. No person shall throw stones, snowballs, sticks, or other missiles, or kick a football or play at any game in which a ball is used, or fly any kites or balloons, in any public way.
SECT. 18. Whoever shall affix, by paste or otherwise, any handbill, placard, notice, or advertisement, or paint, draw or stamp the same, or any marks or figures, to or upon any sign board of the Town, or to or upon any building, fence, wall, tree or structure, without the per- mission of the owner of such building, fence, wall, tree or structure, shall forfeit and pay a sum not less than one dollar nor more than ten dollars for each offence; and if such handbill, placard, notice, advertisement, mark, or figure be obscene or indecent, the penalty shall not be less than twenty dollars for each offence.
SECT. 19. Whoever shall undertake to enter a par- ticular drain into a common sewer without a permit in writing from the Sewer Commissioners or without com- plying with the conditions and directions of such permit, shall forfeit and pay a sum not exceeding ten dollars.
SECT. 20. Whoever shall lead or cause to be led into any public way, or running stream, any drain or pipe
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from any house or other building whereby filthy water or other unclean matter may be emptied into or upon any such public way or running stream; and whoever shall throw, lead or discharge or cause to be thrown, led or discharged, into any public way, or running stream, any noxious or poisonous matter or substance, or any matter or substance which shall cause an offensive smell or odor, or which shall be destructive of, or injurious to, animal life, shall forfeit and pay a sum nor less than five dollars nor more than twenty dollars.
SECT. 21. The Selectmen may grant licenses to use a certain portion of any public way as a carriage-stand, under such terms and conditions as they may prescribe; and no person shall use any portion of any public way as a carriage-stand for the solicitation of passengers for hire without a license from the Selectmen. But licenses shall not be confined to one person to the exclusion of other applicants, and shall be granted so as to allow competition and promote public convenience.
SECT. 22. No person shall distribute papers, circu- lars, or advertisements through the Town or any portion thereof in such a manner as to make a litter or otherwise cause public annoyance.
SECT. 23. No person shall fire, discharge, explode or set off any gun, fire-arm, torpedo, fire-cracker or fire- works in such manner as to frighten any horse, or to disturb the peace or quiet of any neighborhood.
SECT. 24. No person shall wilfully deface or injure any public playground, planting space, flower bed, tree, shrub or grass border.
SECT. 25. No person shall own or keep a dog which by barking, biting, howling or in any other manner is dis- turbing the peace or quiet of any neighgorhood.
SECT. 26. No person shall hawk or peddle any of the articles enumerated in Section 15 of Chapter 65 of the
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Revised Laws, until he has recorded his name and resi- dence with the Superintendent of Police, and been as- signed a number by him, nor unless any vehicle or recepta- cle in which he shall carry or convey such articles shall have painted on it in letters and figures at least two inches in height the name of the person selling, and the number given him by the Superintendent of Police, and be ap- proved on the first Monday in every month by the Super- intendent of Police; provided, however, that the fore- going provisions shall not apply to minors licensed by the Selectmen; and, further, provided that the Selectmen may restrain the sale by minors of any or all such articles.
No person hawking, peddling or selling, or exposing for sale, any articles enumerated in Section 15 of Chapter 65 of the Revised Laws, shall cry his wares to the disturb- ance of the peace and comfort of the inhabitants of the town.
No hawker or peddler shall carry or convey any articles enumerated in Section 15 of Chapter 65 of the Revised Laws in any manner that will tend to injure or disturb the public health or comfort, nor otherwise than in vehicles or receptacles which are neat and clean and do not leak.
SECT. 27. The Selectmen may license suitable per- sons to be dealers in and keepers of shops for the pur- chase, sale, or barter of junk, old metals, or second-hand articles, in the Town. They may also license suitable persons as junk collectors, to collect, by purchase or otherwise, junk, old metals, and second-hand articles from place to place in the Town; and they may provide that such collectors shall display badges upon their per- sons, or upon their vehicles, or upon both, when engaged in collecting, transporting, or dealing in junk, old metals, or second-hand articles; and may prescribe the design thereof. They may also provide that such shops and all articles of merchandise therein, and any place, vehicle
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or receptacle used for the collection or keeping of the arti- cles aforesaid, may be examined at all times by the Selectmen or by any person by them authorized thereto. The aforesaid licenses may be revoked at pleasure, and shall be subjected to the provisions of Sections 186 to 189 inclusive of Chapter 102 of the Revised Laws.
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