or any public square, or any open ground be- Jan. 4, 1862, SECT. 4. No person shall dig or carry away any of the sward, gravel, sand, turf, or earth in or upon any part of the common, public garden, public squares, or common lands, except by permission of the mayor and aldermen, for some public use. SECT. 5. No person, except by permission of the mayor and aldermen, shall climb any of the trees growing, or which shall hereafter be planted, on the common, public garden, public squares, or common lands of the city, or in any street or public place of the city, nor tie any horse or other animal to any of said trees, or post any bills thereon. stance, not to be carried on to, &c. Ibid. SECT. 6. No person, except by permission of Filth, or other subthe mayor and aldermen, shall in any manner carry, or cause to be carried upon the common, public garden, common lands, or any public square or place of the city, any dead carcase, ordure, filth, dirt, stones, or any offensive matter whatsoever, and no person shall commit any nuisance on the common, public garden, common lands, or any public square or place of the city. Carpets not to be shaken on. Jan. 4, 1862. Horses, &c., not to be at large, &c., on Ibid Wheelbarrows, &c., not allowed on. Ibid. Ball-playing, &c., Preaching, &c., prohibited. Ibid. Walking on flowerbeds prohibited. Ibid. SECT. 7. No person shall shake or otherwise cleanse any carpet on the common, public garden, or on any of the common lands, or in any of the public squares or places, streets, lanes, or alleys of the city. SECT. 8. No owner or keeper of any hog, horse, or grazing animal, shall suffer the same to go at large, or feed upon the common, public garden, common lands, public squares, streets, lanes, or alleys of the city. SECT. 9. No person shall, without permission of the mayor or board of aldermen, carry or cause to be carried upon the common, public garden, or public squares of the city, any wheelbarrow, hand-cart, or other vehicle for the conveyance of birdens. SECT. 10. No person or persons shall, without the consent of the mayor or board of aldermen, engage in games of ball, foot-ball, or other athletic sports, upon the public garden. SECT. 11. No person shall deliver any sermon, lecture, address, or discourse on the common, public garden, public squares, or common lands of the city without the permission of the mayor and aldermen. SECT. 12. No person shall walk or stand upon any of the flower-beds on the common, public garden, or any public square or common lands of the city, or suffer or permit any dog or other animal belonging to him or in his charge to stand Jan. 4, 1862. or walk upon any of said flower-beds. SECT. 13. No person, without the permission of the mayor and aldermen, shall throw or place any stone, sand, gravel, tan, earth, filth, rubbish, or any other substance, in or upon any pond on the common, public garden, or any public square or common lands of said city, or upon the ice on any pond aforesaid, or cut or break, or remove, the ice therein or therefrom. Stones, filth, &c., not to be thrown in any pond, &c. Ibid. Ibid. SECT. 14. Any person who shall offend against Penalties. any of the provisions of this ordinance, shall forfeit and pay for each offence, a sum not less than one nor more than twenty dollars. SECT. 15. The board of aldermen may from time to time make rules and regulations not inconsistent with the provisions of this ordinance in reference to the use of the common, public garden, public squares, and common lands of the city, but such rules and regulations may be altered or abolished at any time by the city council. 12 STATUTES. CONSTABLES. 1. Mayor and aldermen to appoint 2. Persons injured by breach of 3. Copy of bond to be given to per- 4. Special authority of constables in Boston. Bond, &c. 5. Any constable of Boston may serve process in personal action where damages are laid not exceeding three hundred dollars. 6. How removable. Vacancies, how filled. STATUTES. 1. The mayor, by and with the consent of the aldermen, is empowered to appoint annually, such a number of persons as constables as the public service may require; and the said constables, so appointed, shall give bonds to the city treasurer, in such sums, and on such conditions, as the board of aldermen shall think proper, for the faithful performance of the duties of their office. By the act of 1802, constables in Boston have the same powers as were by law vested in constables chosen by the towns in this commonwealth. Such constables, in addition to the usual condition of their bonds, shall also be bound to the faithful execution of all warrants committed to them by the treasurer and collector. 2. When the condition of any bond, given to the treasurer of the city of Boston by any constable of said city for the faithful performıance of the duties of his office, shall be broken to the injury of any person, such person may cause a suit to be instituted upon such bond, at his own costs, but in the name of the treasurer of the city of Boston; and the like indorsements shall be made on the writ, and the like proceedings be had thereon to final judgment and execution, and the like writs of scire facias on such judgment as may be made and had by a creditor on administration bonds given to any judge of probate; provided, however, that no such suit shall be instituted by any person for his own use, until such person shall have recovered judgment against the constable, his executors or administrators, in an action brought for the malfeasance or misfeasance of the constable, or for non-payment of any moneys collected by the said constable in that capacity, or a decree of a judge of probate allowing a claim for any of the causes aforesaid, and such judgment or decree, or so much thereof as shall be unsatisfied with the interest due thereon, shall be the proportion of the 1814, c. 165, § 1. penalty for which execution shall be awarded; provided, however, Proviso. 3. It shall be the duty of the treasurer aforesaid to deliver an attested copy of any constable's bond to any persons applying and paying for the same, and such attested copy shall be received as evidence in any case; provided, nevertheless, that if in any suit, the execution of the bond shall be disputed, the court may order the treasurer to bring the original bond into court.1 4. Any constable in the city of Boston who shall have given to the treasurer of the city of Boston a bond, with sureties in a sum not less than three thousand dollars, to the satisfaction of the said treasurer, with condition for the faithful performance of his duties in the service of all civil processes which may be committed to him, and shall have caused the same, with the approval of the mayor and aldermen of said city indorsed thereon, to be filed in the office of the city clerk of said city, may, within the said city of Boston, serve any writ or other process in any personal action, and any process in replevin which constables are now by existing provisions of law authorized to serve; and in addition thereto may serve any writ or process in any personal action or process in replevin which may be made returnable to the police court in said city of Boston; and no constable in the city of Boston shall serve any civil process until he shall have given the bond as herein provided. Copy of bond to applying for the Ibid. § 2. see § 4. Special authority in the city of Bos ton. Bond, &c. 1860, c. 147. Boston may serve process in personal action where damages are laid 5. Any constable of the city of Boston who shall have com- Any constable of plied with the provisions of section one, of chapter one hundred and forty-seven of the acts of the year eighteen hundred and sixty, may, within said city of Boston, serve any writ or other process in any personal action in which the damages are not laid at a greater sum than three hundred dollars, and any process in replevin in which the subject-matter does not exceed in value three hundred dollars. 6. The mayor of a city may, with consent of the board of aldermen, remove from office a constable for gross misconduct; and vacancies in the office of constable may be filled by the mayor and aldermen at any time during the year. 1 For general provisions respecting the authority and duties of constables, see G. S. 18, §§ 31, 60-71. See, also, Taxes, post. not exceeding three hundred 1869, c. 247. dollars. How removable. Vacancies. G. S. 19, § 3. 1864, c. 174. |