THE CITY CHARTER OF 1854, OF THE CITY OF BOSTON, AS MODIFIED AND SUPPLEMENTED BY SUBSEQUENT V HARVARD COLLEGE LIBRARY GIFT OF JAMES MELVILLE HUNNEWELL CITY OF BOSTON. Ordered, That the Committee on Ordinances be authorized to prepare for publication the City Charter and the amendments thereto, and that the same be printed as a city document; the expense thus incurred to be charged to the appropriation for Printing. Ordered, That the Superintendent of Printing be authorized, under the direction of the Committee on Printing, to publish an edition of one thousand copies of the City Charter, as prepared for publication by the Committee on Ordinances; the expense thereby incurred to be charged to the appropriation for Printing. w PREFACE. The establishment of the town of Boston dates from the passage of the order of the Court of Assistants on the 17th September (7th, O.S.), 1630, "that Trimountain shall be called Boston.” The first city government was organized on the 1st of May, 1822 (St. 1821, c. 110). Roxbury was first recognized by the Court of Assistants as a town on the 8th Oct., 1630. It was incorporated as a city on the 12th March, 1846 (St. 1846, c. 95), and annexed to Boston 6th Jan., 1868 (St. 1867, c. 359; accepted, 9th Sept.). Dorchester was named by the Court of Assistants in the same order in which Boston was named; and it retained its town organization until annexed to Boston on the 3d Jan., 1870 (St. 1869, c. 349; accepted, 22d June). Charlestown was founded 4th July, 1629; incorporated as a city in 1847 (St. 1847, c. 29); annexed to Boston, 5th Jan., 1874 (St. 1873, c. 286; accepted, 7th Oct.). West Roxbury was incorporated as a town on the 24th March, 1851 (St. 1851, c. 250); annexed to Boston on 5th Jan., 1874 (St. 1873, c. 314; accepted, 7th Oct.). Brighton was incorporated as a town in 1806 (St. 1806, c. 65); annexed to Boston on the 5th Jan., 1874 (St. 1873, c. 303; accepted, 7th Oct.). The first act of the Legislature of Massachusetts establishing the City of Boston was passed February 23, 1822, and adopted by the citizens of Boston March 4, 1822. It is chapter 110 of the Acts of 1821. The present City Charter, being a revision of the former one, was passed April 29, 1854, and adopted by the citizens November 13, 1854. It is chapter 448 of the Acts of 1854. This codification includes the legislation of 1885. The "Act to amend the Charter of the City of Boston" (St. 1885, c. 266) and the "Act to limit the Municipal Debt and the rate of Taxation in the City of Boston" (St. 1885, c. 178) are also given entire (see pp. 34 and 37). The committee, acting in accordance with the before-cited order, employed Mr. H. W. Putnam to prepare the following document. It gives, perhaps, as clear a statement of the active portions of existing laws affecting the City Charter as could be brought together. There 4 are, of course, many other acts which establish boards or define the duties or powers of the City Council. These will be found (to the date of January 1st, 1885) in the volume compiled by the Corporation Counsel (Statutes relating to the City of Boston). The arrangement and selection of the following pages were left to Mr. Putnam, in consultation with the committee. The committee, however, believe that this document can be safely used as a book of reference. JAMES G. FREEMAN, CHARLES H. ALLEN, HENRY F. COE, WILLIAM H. WHITMORE, JOHN H. LEE, WILLIAM B. F. WHALL, WILLIAM H. MURPHY, EDWARD J. JENKINS, Committee on Ordinances. IN BOARD OF ALDERMEN, June 14, 1886. THE CITY CHARTER OF 1854, AS MODIFIED AND SUPPLEMENTED BY SUBSEQUENT SPECIAL AND GENERAL CHARTER AMENDMENT OF 1885. In the following arrangement, the numbering of the sections, up to and including section 65, is the same as in St. 1854, c. 448, the city charter. Where sections of that act have been amended or supplemented by subsequent acts or parts of acts, the latter are indicated in the margin, and the text gives the section as amended. Where sections have been entirely superseded, so much only of the later acts as covers the same general ground is given, and reference must be had to the acts themselves for their remaining provisions. The changes made by St. 1885, c. 266, commonly called the new charter, are expressed in the text as far as practicable; but as that act also covers much new ground it is given entire. The principal parts of the more important acts establishing departments or institutions, or authorizing their establishment by ordinance, are given in sections numbered from sixty-six onward, though most of them were not in terms acts to amend the charter. The remaining portions of these acts, and many others, need to be often referred to, and they are most easily accessible in the volume of "Special Statutes relating to the City of Boston," published by order of the City Council in 1885. The present arrangement covers the subjects of most constant reference, and gives the language of the several statutes, except where successive acts dealing with the same general subject-matter in different language make it impracticable to do so. In these cases the language of the original section is given so far as the subject-matter is unchanged, and the language of the later acts is followed where the subject-matter is changed. Where provisions of the original charter are superseded or supplemented by general laws, - as in the case of the election law (St. 1884, c. 299), and the law providing for an "acting mayor" in the temporary absence of the mayor (St. 1882, c. 182), - the more important provisions of the general law are given, but the entire act should be consulted in each case before a safe conclusion can be reached. powers. SECTION 1. The inhabitants of the city of Boston, for Corporate all the purposes for which towns and cities are by law incor- 1854, c. 448, § 1. porated in this commonwealth, shall continue to be one body politic, in fact and in name, under the style and denomination of The City of Boston; and, as such, shall have, exercise, and enjoy all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations now incumbent upon, and appertaining to, said city as a municipal corporation. ment. SECT. 2. The administration of all the fiscal, prudential, City governand municipal concerns of said city, with the conduct and 1854, c. 418, § 2. government thereof, shall be vested in one principal officer, to be styled the mayor, one council of twelve persons, to be called the board of aldermen, and one council of seventy two persons, to be called the common council, which boards, 1875, c. 243, § 1. in their joint capacity, shall be denominated the city council; |