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sworn, and to
nominate and appoint one person, to be clerk of both of the said courts, who shall hold his office during the pleasure of the governor and council ; and in case of the death or absence of the clerk, the court shall appoint a clerk pro tempore, who shall officiate as such, until the standing clerk shall resume the performance of his duties, or until another shall be appointed by the governor.
44. The clerk shall be sworn to the faithful perform- Clerk to be ance of his duty, and shall give bond to the city of Boston, give bond.
Ibid, Ø 19. in such sum as the city council shall order, with a surety or sureties, to the acceptance of the city treasurer, with condition for the faithful performance of the duties of his office.
45. The clerk or his assistant shall attend all sessions Duty of the of both of said courts, and keep a record of all the pro- Ibid, $ 20. ceedings of the said police court, and a distinct record of all the proceedings of the said justices' court. 46. He shall also make out all warrants, writs and pro- Same subject.
Ibid, 21. cesses, which shall be ordered by either of the said courts, and tax all bills of costs, and receive all fines and forfeitures, and all fees, awarded and payable in either of said courts, and all 'fees for blanks, and for copies in civil and criminal suits; and the amount of all fees received by him for copies shall be indorsed thereon.
47. He shall render to the board of accounts of the To account for city of Boston a quarterly account of all moneys so receiv- moneys.
Ibid, 5 22. ed by him as clerk, and upon the approval thereof by the board, he shall forthwith pay over the amount due thereon to the city treasurer.
48. He may from time to time appoint one or more as- May appoint assistant clerks, to aid him in the discharge of his duties ; Ibid, 5 23. but no person shall be so appointed, unless approved by the justices of the said courts.
49. The clerk shall be responsible for the doings of his to be responsiassistants, and they shall be removable at his pleasure, and Ibid, $ 24. shall be sworn to the faithful performance of their duties.
50. Neither of the said justices, nor the said clerk, nor The justices and either of his assistants, shall be retained or employed as of counsel
or counsel or attorney in any suit, complaint, or proceeding, Ibid, i 25.
and pay over
ble for them.
Salaries of the
Salary of the
in the said police court, or justices' court, nor in any which shall have been heard, examined or tried therein.
51. The said justices shall severally receive, from the city of Boston, an annual salary, the amount of which shall be from time to time determined by the city council, and shall be paid in quarterly payments, and in the same proportion for any part of a quarter, in full compensation for all their services, except those required of them as members of the board of accounts of the city of Boston.
52. The said clerk shall also receive from the city an annual salary, the amount of which shall be from time to time determined by the city council, and shall be paid in quarterly payments, and in the same proportion for any part of a quarter, and shall be in full compensation for all his services.
53. The assistant clerks shall receive from the city such compensation for their services, as shall be ordered by the city council, provided the board of accounts shall certify that their services were necessary.
BOARD OF ACCOUNTS.
Board of ac-
54. In the county of Suffolk, the judge of probate and the justices of the police court of said city, shall continue to be the board of accounts; whose duty it shall be to meet, quarter yearly, and as much oftener as may be found necessary, to examine and allow all bills of costs, accounts and charges, arising in the course of proceedings in said municipal and police courts, and in the maintenance and keeping of the prisoners in the jail of the county of Suffolk, and of all other expenses and charges, in keeping said jail and all other places of confinement and punishment,
within the city of Boston; and the said board of accounts shall certify all such accounts, charges and expenses, as shall have been allowed by them; and their certificate shall be endorsed on the accounts so allowed, and shall be addressed to the public officer by whom such charges, fees and expenses may by law be payable.
55. Any three or more, of the members of the board of accounts of the county of Suffolk, shall constitute a quorum
Three of the board to make a quorum.
for the performance of their duties; and they shall be en- Their compensatitled, respectively, to receive the sum of three dollars, for R. S. 14, $ 42. each and every day which may be employed by them, in the discharge of their said duties.
ORDINANCE OF THE CITY.1 SECT. 1. The penalty of the bond to be given by the penalty of the clerk of the police court, and justices' court, shall be five of the police and thousand dollars ; the form shall be prescribed by the may- June 17, 18.2.2. or, with the approbation of the board of aldermen; and the city treasurer shall have the custody of said bond, and be accountable therefor.
Sect. 2. The bond which is to be taken as aforesaid, Time for which shall be in force for one year from the date thereof, and be in force. until a new bond is given, and the bond of said clerk shall be renewed annually, in manner as aforesaid.
ORDINANCE. 1. Licenses to be granted to com:
mon criers. Term of license. 2. Crying without license.
3. Criers to keep a list of matters
cried, &c. Shall not cry libel
lous matter, &c.
ORDINANCE OF THE CITY. 2 Sect. 1. The mayor and aldermen may from time to Licenses to be
granted to comtime grant licenses to such and so many persons as they
June 10, 1850.
1 An ordinance prescribing the penalty of the bond to be given by the clerk of the police court and justices' court, passed June 17, 1822.
2 An ordinance to regulate common criers, passed June 10, 1850.
a list of matters
may deem expedient, to be common criers in this city;
and such licenses shall continue in force until the first day Term of license. of May next after the date thereof, unless sooner revoked
by the mayor and aldermen, and no longer. Crying without SECT. 2. No person shall be a common crier within the license. Ibid.
city of Boston, or cry any goods, wares or merchandize, lost or found, stolen goods, strays or public sales, in any of the streets, squares, lanes, or market places within the
city, unless he shall be licensed as aforesaid. Criers to keep SECT. 3. Every person so licensed shall keep a true cried, &c. and perfect list of all the matters and things by him cried,
and the names of the persons, by whom he was employed to cry the same; which list shall be open, and subject to the inspection of the mayor and aldermen, whenever they shall
demand the same; and no common crier shall publish or Shall not cry li- cry any abusive, libellous, profane or obscene matter or
thing whatsoever. Penalty for Sect. 4. Any person, who shall be guilty of a violation violation.
of this ordinance, or any part thereof, shall forfeit and pay, for each offence, a sum not less than one dollar, nor more than twenty dollars.
2. Mayor authorized to discharge
and assign mortgages.
1. Mayor authorized to execute
ORDINANCE OF THE CITY.1
Sect. 1. The mayor of the city is authorized and empowered to affix the common seal of the city unto, and to
1 An ordinance providing for the execution of deeds and leases and discharge of mortgages on behalf of the city, passed November 18, 1833.
sign, seal, execute and deliver, in behalf of the city, all deeds and leases of lands sold or leased by the city, and all deeds, agreements, indentures, or assurances, made and entered into by order of the city council.
SECT. 2. Whenever any person, having lawful authority Mayor anthorto redeem any estate mortgaged to the city, shall make ap- and assign mortplication to the mayor for such purpose, the mayor shall ibid. have power, on the payment of the sum of money due on said mortgage, made to the treasurer of the city, to discharge, release, or assign the same without liability or recourse to the city, the assent of the board of aldermen thereto being first had and obtained, and to execute, in behalf of the city, any and all legal instruments that may be necessary for this purpose.
STATUTES 1. City council may make by-laws 1. No dog permitted to go at large
respecting the keeping of dogs. without license. 2. Fees for licenses, to be paid to 2. City clerk shall grant licenses. the treasurer.
Fee for same. 3. Dogs to have collars, with 3. Clerk to keep record of same, names, &c. of owners.
make quarterly reports, and pay 4. Double damages for injury done
over moneys. by dogs.
4. Licenses to be numbered. Dogs 8. Any person may kill any dog, to wear collars. when, &c.
5. City marshal to cause dogs at 6. Dangerous dogs, to be confined large, without collars, to be by owner, or killed.
destroyed. 7. If owner neglects, after notice, 6. Proceedings in case any dog any person may kill his dog.
shall disturb the quiet of any 8. Owner liable to treble damages, person, by barking, &c. Proviso. in case, &c.