City solicitor to April 29, 1846. His duties. To commence and prosecute suits for city. Ibid. SECT. 1. In the month of June, annually, and whenever a vacancy in the office shall occur, there shall be chosen, by concurrent vote of both branches of the city council, a solicitor for the city of Boston, who shall be a resident citizen thereof, and who shall have been admitted an attorney and counsellor of the courts of the commonwealth, and who shall not hold any other office under the city government, during the period for which he is elected; and he shall be removable at the pleasure of the city council. SECT. 2. It shall be the duty of said city solicitor, by himself, or by some person by him duly authorized, for whose conduct, skill and faithfulness, he shall be accountable, to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements, and other legal instruments, of whatever nature, which may be required of him, by any ordinance or order of the mayor and aldermen, or of the city council, or which, by any ordinance or order heretofore passed, may be requisite to be done and made by the city of Boston, and any person or persons contracting with the city in its corporate capacity, and which, by law, usage and agreement, the city is to be at the expense of drawing. SECT. 3. It shall be the duty of said city solicitor to commence and prosecute all actions and suits to be commenced by the city before any tribunal in this common 1 An ordinance providing for the appointment of a city solicitor, and prescribing his duties, passed April 29, 1846. against city. the legislature, thereof. wealth, whether in law or equity; and also to appear in, To defend suits defend and advocate the rights and interests of the city, or any of the officers of the city, in any suit or prosecution for any act or omission in the discharge of their official duties, wherein any estate, right, privilege, ordinances or acts of the city government, or any breach of any ordinance, may To appear before be brought in question. And said solicitor shall also ap- and committees pear before the legislature of the commonwealth, or any committee thereof, whether of either or both branches of the same, and there, in behalf of the city, represent, answer for, defend, and advocate the interests and welfare of said city, whenever the same may be directly or incidentally affected, whether to prosecute or defend the same; and he shall in all matters do all and every professional act, incident to the office which may be required of him by the city government, or by any joint or special committee thereof, or by any ordinance or order heretofore passed; and he To furnish legal shall, when required, furnish the mayor and aldermen, the common council, or any joint or special committee of either branch thereof, and to any officer of the city government, who may require it in the official discharge of his duties, with his legal opinion on any subject touching the duties of their respective offices. opinions. ses, &c. SECT. 4. In full compensation for all the services of Salary. Expensaid solicitor, he shall receive such salary as the city coun- Ibid. cil may from time to time fix and determine. In all cases, however, when his attendance may be required out of the city, his reasonable travelling expenses shall be allowed him; and in suits and prosecutions, he shall be entitled to receive and retain for his own use the legal taxable costs which may be recovered of the adverse party, where the city shall recover the same, according to the usage and practice of the courts. 46 No furnace for melting iron, or planing, &c., or in which any 5. Proceedings on an application 12. Penalty for using steam boiler for a license. without safety plug. 1. No furnace for melting of iron, or stationary steam steam engine for engine, designed for use in any mill for the planing or sawing of boards, or turning of wood in any form, or when any coal is used, to other fuel than coal is used to create steam, shall hereafter be erected, &c., be erected, or put up to be used, in any city or town in other fuel than without license. 1845, 197, 1. 1849. (City Records, vol. 23, p. 122) Accepted by city this commonwealth, unless the mayor and aldermen of council, April 21, such city, or selectmen of such town, shall have previously granted license therefor, designating the place where the building or buildings shall be erected, in which such steam engine or furnace shall be used, the materials and construction thereof, and such other provisions and limitations, as to the height of flues, and protection against fire, as they shall judge necessary for the safety of the neighborhood; such license to be granted on written application, and to be recorded in the records of such city or town. 1 Mayor and aldermen, &c., to 2. Whenever the mayor and aldermen of any city, or prescribe rules, the selectmen of any town, after due notice in writing to the owner of any such steam engine or furnace erected, or &c., as to fur 1 For provisions respecting furnaces for glass, see p. 143, ante. engines pre or in use, in Ibid, § 2. in use, previous to the passage of the act of 1845, and a naces and hearing of the matter, shall adjudge the same to be dan- viously erected gerous, or a nuisance to the neighborhood, they may make certain cases. and record an order, prescribing such rules, restrictions and alterations, as to the building in which such steam engine or furnace is constructed or used, the construction and height of its smoke flues, or other provisions, as they shall deem the safety of the neighborhood to require; and it shall be the duty of the city or town clerk to deliver a copy of such order to a constable, who shall serve such owner with an attested copy thereof, and make return of his doings thereon to said clerk, within three days from the delivery thereof to him. nace hereafter license, to be mon nuisance. 3. Any such engine or furnace hereafter erected, with- Engine or furout license made and recorded as aforesaid in section first, erected without shall be deemed and taken to be a common nuisance, with- deemed a comout any other proof thereof than proof of its use; and steam engine or furnace used contrary to the provisions of section second, shall be taken and deemed to be a common nuisance. any Ibid, § 3. and removed 4. The mayor and aldermen of any city, or selectmen of May be abated any town, shall have the same power and authority to abate by mayor and aldermen, &c. and remove any such steam engine or furnace erected or Ibid, $ 4. used contrary to the preceding provisions, as are given to See note 1, on the board of health, in the tenth and eleventh sections of" the twenty-first chapter of the Revised Statutes. p. 190, ante. an application Ibid, $ 5. 5. Whenever application shall be made for license as Proceedings on aforesaid, the mayor and aldermen of any city, or selectmen for a license. of any town, shall assign a time and place for the consideration of the same, and shall cause public notice thereof to be given at least fourteen days beforehand, in such manner as said mayor and aldermen or selectmen may direct, and at the expense of the applicant, in order that all persons interested may be heard before the granting of a license. 6. Any owner of a steam engine or furnace, aggrieved Persons aggrievby any such order, as provided in section second, may apply to the court of common pleas, if sitting in the which such engine or furnace is situated, or to county, in any justice thereof in vacation, for a jury, and such court or justice ed by any order under $ 2, may apply to C. C. P. for a jury. Ibid, $ 6. An injunction to Ibid, § 7. Verdict of the jury, how found, returned and accepted, and effect thereof. Ibid, § 8. Damages and costs, when and to be awarded. Ibid, § 9. shall issue a warrant for a jury to be impanelled by the sheriff, in the same manner as is provided in the twentyfourth chapter of the Revised Statutes, in regard to the laying out of highways; such application shall be made within three days after such order is served upon the said owner; and the said jury shall be impanelled within fourteen days from the issuing of said warrant. 7. Upon any application to said court of common pleas, or to any justice thereof, for a jury, said court or justice, on granting the same, may, in its or his discretion, issue an injunction restraining the further use of said engine or furnace, until the final determination of such application by the jury and court to which such verdict may be returned. 8. The jury shall find a verdict either affirming or annulling the said order in full, or making alterations therein, as they may see fit: which verdict shall be returned to the next term of the said court by the sheriff for acceptance, in like manner as in the case of highways, and which verdict being accepted, shall be binding to the same effect as the original order would have been without such appeal. 9. If the verdict shall affirm such order, costs shall be in what manner recovered by the city or town against such applicant; if the verdict shall annul such order in whole, damages and costs shall be recovered by the complainant against such city or town; and in case the verdict shall alter such order in part, the court may render such judgment as to costs, as to justice shall appertain.1 10. No person or corporation shall use, or cause to be used, any steam-boiler in this commonwealth, unless the same be provided with a fusible safety plug, to be made of lead, or some other equally fusible material, and to be of a diameter of not less than one-half an inch, which plug shall be placed in the roof of the fire-box, when a fire-box is 1 The statute of 1845, c. 197, § 10, provided that the preceding sections should not be in force in any town or city, unless the inhabitants of the town or the city council of the city, should adopt the same, at a legal meeting of said inhabitants or city council, called for that purpose. The city council of Boston accepted the same April 21, 1849. (City Records, vol. 23, p. 122.) |