1861, c. 51, §§ 5, 6, 7. Which are furnished by the State, and the safe-keeping of the Ibid. 178, §§ 50-61; 178, §§ 26, 41. 1866, c. 117. Ibid. 17, § 34; 43, §§ 8, 9, 12, 44, 47, 48, 49, 51, 52, 80; 62, §§ 14, 15; 11, § 80; 17, § 6. 1867, c. 256. same. The expenses of supporting all persons committed to the jails or houses of correction, including pay of officers, instruction in reading and writing, books, pay of chaplain and physician, the conveyance of prisoners to and from the station houses, lockups, jails, houses of correction, and court houses, the burial of prisoners who have no settlement in the State, and all incidentals; excepting for persons committed to jail on mesne process or execution, so long as the fees for their board are paid by the defendant or debtor, plaintiff or creditor. The expenses of building, or of special repairs upon, and of discontinuing, in the city of Chelsea and the towns of North Chelsea and Winthrop, all highways, county roads and bridges, including land damages, that may be assessed or awarded by the county commissioners of the county of Middlesex as justly chargeable to the county of Suffolk, STATUTES. 1. Superior court. COURTS. 2. Municipal court; salaries of jus- 3. Election of clerks, salaries, &c. 4. Terms of court, when to be held. 5. Municipal court for southern district. (Roxbury.) 6. Annexation of Dorchester. Superior court. 1859, c. 196. STATUTES. 1. By the act of April 5, 1859, the superior court of the county of Suffolk, and the municipal court were abolished, and in their place was substituted the superior court. The former were county courts, with judges and clerks paid by the county of Suffolk; the latter is a court with jurisdiction throughout the commonwealth, holding in the county of Suffolk four terms a year for civil business, on the first Tuesdays of January, April, July, and October, and twelve terms each year for the transaction of criminal business, a term commencing on the first Monday of each month. The judges, clerks, and all the salaried officers of the court are paid by the commonwealth. The general provisions of law, applicable to the superior court, can be found in the general statutes, chapters 114, 115. They are not given here, as they contain nothing peculiar to the county of Suffolk. MUNICIPAL COURT. Municipal court established. 1866, c. 279, §§ 1, 2. Ibid. § 4. 2. By the act of May 29, 1866, the municipal court of the city of Boston was established, to have the same powers and jurisdiction that the police court formerly had; and it was provided that, when the act took effect, all cases, civil or criminal, then pending in the police court, should be transferred to the municipal court. The salaries of the chief justice and each of the associate jus- Salary of justices. tices were fixed at three thousand dollars per annum, to be paid from the treasury of the commonwealth. The justices are re- Ibid. § 8. quired to meet quarter yearly, and as much oftener as may be necessary, to allow bills of costs, accounts, charges and expenses arising in said court, and certify to the public officer by whom the same are payable, such as are allowed by them. filling of vacancies, salaries and duties. Ibid. § 6. G. S. 116, § 4. 1866, c. 169. 3. At the annual state election in the year eighteen hundred Election of clerks, and sixty-six, and every fifth year thereafter, there shall be elected in the city of Boston two clerks of the said municipal court, one clerk for the criminal and one for the civil business of said court, to hold their offices from the first Monday of January following, and until their successors are chosen and qualified.1 If a vacancy occurs in the office of clerk, the justices of said court, or a majority of them, may appoint a clerk, who shall hold the office until another, at the next or any succeeding municipal election in said city, shall be chosen and qualified for the remainder of the term. The clerk for the criminal business shall receive an annual 1867, c. 856. salary of twenty-five hundred dollars; and the clerk for the civil business shall receive an annual salary of two thousand dollars. 4. The municipal court shall be held for criminal business by one or more of the justices daily, except on Sundays or legal holidays, in the forenoon, at nine o'clock, and in the afternoon, except on Saturday, at three o'clock, or some hour thereafter: it may be held on Saturday afternoons if it appears expedient to any of the justices. The court shall be held for civil business by one or more of the justices, weekly. Each term shall commence on Saturday, and actions therein may be continued to any future day fixed for the sitting of the court: different justices may hold different sessions at the same time for the trial of civil or criminal cases. Terms of court, when to be held. 1866, c. 279, § 11. G. S. 116, § 38. for Southern district. 5. The act to unite the cities of Boston and Roxbury (chap. 359, Municipal court 1867) provided, among other things, that the territory then comprised within the limits of the city of Roxbury should, after 1867, c. 359, § 4. the annexation to Boston, contain a judicial district under the 1 See note to Sect. 5, on p. 148. 1867, c. 359, § 4. Annexation of 1869, c. 349, § 3. jurisdiction of the police court of Roxbury, which should continue to exist and should thereafter be designated and known by the name of “the municipal court for the southern district of the city of Boston." It was also provided that said court should have the same civil and criminal jurisdiction in said district, and the same civil jurisdiction in the county of Suffolk, as the police courts, other than that of the city of Boston have by law in their respective districts and counties.1 6. The act to unite the town of Dorchester to the city of Boston provided that the several courts within the county of Suffolk, except the municipal court for the southern district of the city of Boston, shall have the same jurisdiction over all causes of action and proceedings in civil causes, and over all matters in probate and insolvency, which shall have accrued within said territory annexed, that said courts now have over like actions, proceedings and matters within the county of Suffolk. Licenses to be granted to common criers. June 10, 1850. 1854, c. 448, § 49. See ante, p. 20, § 49. Term of license. ORDINANCE. CRIERS. 1. Licenses to be granted to com- SECTION 1. 3. Criers to keep a list of matters cried, &c. Shall not cry libellous matter, &c. 4. Penalty for violation. ORDINANCE.2 The mayor, by and with the advice and consent of the aldermen, may from time to time grant licenses to such and so many persons as he may deem expedient, to be common criers in this city; and such licenses shall continue in force until the first day of May next after the date thereof, unless sooner revoked by the board of aldermen, and no longer. 1 By a general act passed April 20, 1866 (chap. 169), it was provided that all clerks of police courts then in existence should be chosen in their respective districts at the annual municipal election in 1866, and every fifth year thereafter. The election of the clerk of the municipal court for the southern district, will occur, therefore, at the municipal election in 1871, and he will be chosen by the voters of wards 13, 14 and 15. 2 An ordinance to regulate common criers, passed June 10, 1850. license. SECT. 2. No person shall be a common crier Crying without within the city of Boston, or cry any goods, wares, or merchandise, lost or found, stolen goods, strays, or public sales, in any of the streets, squares, lanes, or public places within the city, unless he shall be licensed as aforesaid. Criers to keep a list of matters cried, &c. Ibid. SECT. 3. Every person so licensed shall keep a true 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 board of aldermen, whenever they shall demand the same; and no common crier shall not cry libelshall publish or cry any abusive, libellous, profane, or obscene matter or thing whatsoever. lous matter, &c. Ibid. tion. Ibid. SECT. 4. Any person who shall be guilty of a Penalty for violaviolation of this ordinance, or any part thereof, shall forfeit and pay, for each offence, a sum not less than one dollar nor more than fifty dollars. DEEDS. ORDINANCE. 1. Mayor authorized to execute deeds, &c. 2. Mayor authorized to discharge ORDINANCE. 1 SECTION 1. The mayor of the city is authorized and empowered to affix the common seal of the city unto, and to sign, seal, execute, and deliver in behalf of the city, all deeds and leases of 1 An ordinance providing for the execution of deeds and leases and discharge of mortgages on behalf of the city, passed November 18, 1833. Nov. 18, 1833. Mayor authorized to discharge and Nov. 18, 1833. 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 assign mortgages. authority to redeem an estate mortgaged to the city, shall make application to the mayor for such purpose, the mayor shall 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. |