be the duty of the Mayor and Aldermen, and they shall have power, from time to time, to appoint such assistants or clerks to said department, as from experience may be found expedient, or any particular exigency may make necessary.

[75] SEC. 2. Be it further ordained, That said Superintendent shall be chosen by concurrent vote of the City Council, in the month of May or June annually, to be always first acted upon by the Mayor and Alderinen; and he shall hold his office until the next annual election, unless previously removed, by the said City Council, by vote, and thereupon, or in case of his death or resignation, the City Council shall proceed to appoint a successor, for the residue of the year; and said officer, his assistants or clerks, shall respectively be compensated as the City Council shall deein just and reasonable, and he shall be sworn to the faithful execution of his office, and shall give such bonds for the faithful discharge of his duties as shall be satisfactory to the Mayor and Aldermen.

[76] SEC. 3. Be it further ordained, That it shall be the duty of said Superintendent, to keep the fences, walls and gates of the several burying grounds and cemeteries in the City in good and sufficient repair, and to take care that the said burying grounds and cemeteries be sufficiently secured by locks and bolts; to point out the place, depth and width of every grave to be dug therein; to cause the said graves to be dug in exact ranges, parallel with, and as near to each other as the said superintendent shall think fit and proper; and to take care that the said graves be so filled and elevated, that water may not remain and stagnate thereon; to cause the tombs which may be opened in the respective cemeteries between the first day of July, and

thirtieth day of September, to be closed and pointed with lime within twenty-four hours after the deposite of bodies therein; and to order and direct the Wardens, or other proper officer or officers, of the several Churches to which cemeteries belong, to cause at least three bushels of good stone lime to be slacked therein, on the first and fifteenth days of July, August, and September; and also to record in a book to be kept for that purpose, the name, age and sex of each person interred; the family to which the deceased belonged; the disease of which he she died; and whether citizen or stranger; the time when interred; the number of the grave, and the number of the range where buried, or the tomb where deposited.

[77] SEC. 4. Be it further ordained, That the said superintendent shall permit the family of any person hereafter buried in any grave in the north or south burial grounds, to place within one month after the burial of such person, a stone of the

following dimensions, to wit: length four and a half feet, breadth one foot ten inches, thickness three and a half inches, having the person's name and age, the number of the grave, the number of the range cut thereon, and placed perpendicularly six inches from the head of the grave, and settled in the earth eighteen inches, from a level surface; which facts being recorded by the said superintendent, such grave shall be reserved for the use of the same family twenty years; and graves may be reopened for members of the same family: Provided, the top of any coffin placed therein, be not within three feet of the surface of the ground.

[78] SEC. 5. Be it further ordained, That no new range of graves shall be commenced, until the preceding range shall be taken up by deposite of one or more bodies therein.

[79] SEC. 6. Be it further ordained, That all funeral Cars used in this city, shall be under the care of said superintendent, and shall be deposited for safe keeping in places provided for that purpose. And it shall be the duty of said superintendent to cause them to be kept clean and in good repair; and that he shall permit no person to use the same, except the funeral undertakers licensed as such, by the Mayor and Aldermen ; and that the said superintendent shall account monthly to the Auditor of Accounts, for all fees.

[80] SEC. 7. Be it further ordained, That a sufficient number of funeral undertakers shall be appointed and licensed by the Mayor and Aldermen, who shall be responsible for the decent, orderly and faithful management of the funerals undertaken by them, and for a strict compliance with the ordinances of the city in this behalf. Each undertaker may employ porters of a discreet and sober character to assist him, and shall be accountable to the Mayor and Aldermen for their conduct, and said undertakers and porters shall always be removable at the pleasure of the Mayor end Aldermen; and all persons not licensed as undertakers, are hereby forbidden and prohibited to undertake, the management of any funeral, under a penalty of a sum not less than two dollars, and not more than twenty dollars for each offence.

[81] SEC. 8. Be it further ordained, That no person shall bury or inter, or cause to be buried or interred, any dead body, without having first obtained a license so to do, from the superintendent of burials; and it is hereby made the duty of said superintendent to grant the same.

[82] SEC. 9. Be it further ordained, That no person shall bury or inter, or cause to be buried or interred, any dead body at any other time of the day than between sun-rising and sun-setting, except when otherwise ordered by the superin

tendent of burials; and all funerals shall be conducted through or into at least into one of the principal streets. No bell shall be tolled in the City of Boston, at any funeral, without a special permit therefor from the Mayor. The corpse of every person of ten years of age and upwards, shall be conveyed to the grave or tomb in a funeral car, to be drawn by not more than two horses: Provided, however, that on extraordinary occasions, permission may be obtained from the Mayor and Aldermen, on application for that purpose, to dispense with any of the provisions of this section.

[83] SEC. 10. Be it further ordained, That the central, chapel, and granary burying grounds, so called, shall be so far closed, as that no new graves shall be opened or dug, nor tombs built therein, until the further order of the Mayor and Aldermen; and that the old part of the north burying ground shall be so far closed, as that no new graves shall be opened or dug therein; but any person may obtain permission from the Mayor and Aldermen, to erect tombs in the new part of the north burying ground, and in the south burying ground, under the direction, and upon such terms and conditions as shall or may be prescribed by the said Mayor and Aldermen.

[84] SEC. 11. Be it further ordained, That the following fees shall be collected and paid for services in the execution of this ordinance, to wit: to the City, seventy-five cents, for each person buried, and one dollar per mile, for any distance that a funeral car may be sent out of the City, which, together with the fees for graves and tombs, are to be collected from the families of the persons interred. To the Undertakers, for digging a grave eight feet deep, and covering the same, two dollars and fifty cents; for digging a grave six feet six inches deep, one dollar and fifty cents; for digging a grave five feet deep, one dollar and twenty-five cents; and for one four feet deep, one dollar. For opening and closing a tomb, seventy-five cents. For attendance and service at the house of a person deceased, in collecting and returning chairs, and other service, one dollar. For every family notified by request, five cents. For tolling a bell by special permission, fifty cents. For placing a corpse in a coffin, when requested, and removing the same down stairs, one dollar. For the use of one horse in the car, and leader, one dollar and fifty cents; and for each additional horse, seventy-five cents. For carrying a corpse from the house to the car, and from the car to the grave, tomb, or vault, and placing the same therein and closing the same, including the assistance of the funeral porters, three dollars; and the same fees shall be allowed and paid in all cases of removing a corpse from any public vault, and re

burying or entombing the same, as are allowed and paid for burying or entombing a corpse in any grave, vault, or tomb, as aforesaid. For the burial of children, under ten years of age, to wit: digging a grave three and a half feet deep, seventy-five cents; for service at the house, one dollar; tolling a bell by special permission, fifty cents; carrying the corpse to the carriage, and from the carriage to the place of deposite, fifty cents; for the use of a pall, twenty-five cents. And when a corpse shall be carried into a church for a funeral service, the Undertaker may make an additional charge of two dollars; and when the ground shall be frozen, the charge of digging graves may be augmented at the discretion of the Mayor and AlderAnd it shall be the duty of the several undertakers to pay over, monthly, to the superintendent, the fees received by them on account of the City, provided for and established in this section.

men.

[85] SEC. 12. Be it further ordained, That if any person should be desirous to remove out of the city, the body of a deceased person for interment, it may be lawful so to do, on application to the Superintendent of burials, whose duty it shall be to attend at the time and place of removal: Provided, no cause should appear to withhold the permission.

[86] SEC. 13. Be it further ordained, That no person shall remove any bodies, or the remains of any bodies, from any of the graves or tombs in this city, or shall disturb, break up, or remove any body in any tomb or grave without the special permission of the Superintendent of burials.

[87] SEC. 14. Be it further ordained, That no grave or tomb shall be opened from the first day of June to the first day of October, except for the purpose of interring the dead, without the special permission of the Mayor and Aldermen, or Superintendent of Burials.

[88] SEC. 15. Be it further ordained, That any persons who shall be guilty of any violation of any of the provisons of this Ordinance shall for each offence forfeit and pay a sum not less than two nor more than twenty dollars to be recovered by complaint before the Justices of the Police Court.

[89] SEC. 16. Be it further ordained, That "an ordinance relative to the burial of the dead," and all other ordinances, orders and By-Laws on the same subject, are hereby repealed: Provided, however, that all officers heretofore appointed under said Ordinance, shall continue to hold and execute their respective offices until others are appointed in their places.

CHAPTER XXV.

House of Correction.

ACTS OF THE LEGISLATURE.

[1] House of IndustryCity entitled to same remedies for supporting paupers in, as Overseers of the Poor in towns.

[2] House of Correction in the City to be for the County. Overseers, their appointment, power and duty. Prisoners how to be discharged.

[3] Master to be appointed —expenses how to be defrayed. [4] Fines under the health laws and Ordinances to be recovered before the Justices

Court. Inhabitancy not to disqualify acting as a Magistrate,

Juror or witness.

[5] Special act, &c. need not be set forth in prosecutions by complaint, before the Police Court.

[6] Board of Aldermen, vacancies in, how filled.

[7] City Council to establish Houses of Correction, Mayor and Aldermen to transfer convicts-(See post, Chapter xxvii. [7])

An Act concerning the regulation of the House of Correction in the City of Boston, and concerning the form of actions commenced under the By-Laws of said City, and providing for filling vacancies in the board of Aldermen.

[Passed June 12, 1824.]

[1] SEC. 1. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the City of Boston shall be entitled to the same remedies in order to recover the expences of supporting any poor person maintained in the House of Industry of said city, that towns in this Commonwealth are entitled to for the recovery of the expenses of persons, for whom support or relief is provided by overseers of the poor, or under their direction.

[2] SEC. 2. Be it further enacted, That the House of Correction within the City of Boston, shall be the House of Correction for the County of Suffolk, and that the City Council of said City, shall have power from time to time, to appoint such a number of overseers of the House of Correction in said City of Boston, not exceeding nine, as they shall deem expe