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After notice, any person may kill. Ibid. $ 62.
Liability of owner in case, &c. Ibid. § 63.
confined by owner within forty-eight hours after such assault or finding, make oath
thereof before a justice of the peace or police court for the county, or before the clerk of the city or town where the owner of the dog dwells, and shall further swear that he suspects the dog to be dangerous or mischievous, and shall give notice thereof to its owner or keeper by delivering him a certificate of such oath, signed by such justice or clerk, the owner or keeper shall forthwith kill or confine it; and if he neglects so to do for twenty-four hours after such notice, he shall forfeit ten dollars.
20. If, after such notice, the dog is not killed or confined, but is again found strolling out of the enclosure or immediate care of its owner or keeper, any person may kill it.
21. If a dog, after such notice to its owner or keeper, shall by such assault wound or cause to be wounded any person, or shall worry,
wound, or kill any neat cattle, sheep, or lambs, or do any other mischief, the owner or keeper shall be liable to pay to the person injured thereby treble damage, to be recovered in an action of tort.
22. The city council of any city, and the inhabitants of any town, may make such additional by-laws and regulations concerning the licensing and restraining of dogs, as they deem expedient, and may affix any penalties, not exceeding ten dollars, for any breach thereof; but such by-laws and regulations shall relate only to dogs owned or kept in such city or town; and the annual fee required for a license shall in no case be more than one dollar in addition to the sum required by section one.
23. All fines and penalties provided in the preceding sections, may be recovered on complaint before any police court or trial justice in the county where the offence is committed.
Cities and towns
Fines, &c., how
Proceedings in case
SECTION 1. On complaint being made to the mayor, of any dog within this city which shall, by barking, biting, howling, or in any other way or manner, disturb the quiet of any person or persons whomsoever, the mayor shall issue notice thereof to the person owning, keeping, or permitting such dog to be kept; and in case such person shall neglect to cause such dog to be forthwith removed and
1 An ordinance restraining the going at large of dogs in the city of Boston, passed June 4, 1850.
kept beyond the limits of the city, or destroyed, June, 1830.
1. Dorchester annexed to Boston
and county of Suffolk. Elec-
of selectmen, town clerk,
ward officers, &c.
1. By an act approved June 4, 1869, all the territory then com- Dorchester anprised within the limits of the town of Dorchester, in the county and county of of Norfolk, with the inhabitants and estates therein, were annexed to and made part of the city of Boston and the county of Suffolk, subject to the same municipal regulations, obligations and liabilities, and entitled to the same immunities in all respects as the city of Boston'; provided, however, that until constitutionally and legally changed, said territory shall continue to be, for the Election of reprepurpose of electing members of the house of representatives, part councillor, &c. of the county of Norfolk, constituting the fifth representative district thereof; for the purpose of electing a senator, part of the second Norfolk senatorial district; for the purpose of electing a councillor, part of the second council district, and for the purpose
nexed to Boston
1 In accordance with the provisions of the tenth section of the “act to unite the city of Boston and the town of Dorchester,” meetings were held simultaneously in the several wards of Boston and in the town of Dorchester, on the 22nd day of June, 1869, and the act was accepted by the folloving vote: Boston -yeas, 3420; nays, 565. Dorchester — yeas, 928; nays, 726.
For annexation of portions of Dorchester to the city of Boston prior to 1869, see chap. 111, acts of 1803 (South Boston); chap. 102, acts of 1834 (Thompson's Island); chap. 468, acts of 1855. See, also, “South Boston” and
1869, c. 349, § 1.
Duties of selectmen, town clerk, and ward officers.
Transfer of pro-
of electing a representative in congress, part of congressional district number two, as the same are now constituted.
It was also provided that all the duties now required by law to be performed by the selectmen and town clerk, of the town of Dorchester, or either of them, pertaining to the election of representatives in congress, state councillors, senators and members of the house of representatives, should, in like manner, devolve upon, and be performed by, the board of aldermen and city clerk of the city of Boston; and that the ward officers of the ward, erected out of said territory, should make return of all votes that may be cast therein, from time to time, for representatives in congress, state councillors, senators, members of the house of representatives, and for all other national, state, district, county, municipal and ward officers, to the city clerk of the city of Boston.1
2. The act further provided that all the public property of the town of Dorchester should become the property of the city of Boston; and that the city of Boston should succeed to all the rights, claims, causes of action, rights to uncollected taxes, liens, uses, trusts, duties, privileges and immunities of the town of Dorchester; and should become liable for, and subject to, all the debts, obligations, duties, responsibilities and liabilities of said town; also, that all actions and causes of action which were pending, or which had accrued at the time the act took effect, in behalf of or against, the town of Dorchester, should survive, and might be prosecuted to final judgment and execution in behalf of or against the city of Boston.
3. It was further provided that the territory annexed should
constitute a ward of the city of Boston, to be called ward 1869, c. 349, $$ 5, 7. sixteen, so to remain until the alteration of the ward limits of
the city of Boston, as provided by law; and that after the municipal year 1869, the board of aldermen of Boston should consist of twelve members, and the common council of sixty-four members.
to constitute ward
1. East Boston Company authorized
to hold Noddle's Island. Pro-
docks, and buildings; to lay
out streets, &c. 2. Corporation shall set apart land
for public purposes.
1 See “ Elections,” post, $ 48, in reference to the district of which Hyde Park forms a part.
1833, c. 152, $ 2.
lease, &c., construct dams, docks
1. In the act to incorporate the East Boston Company, in the East Boston comcity of Boston, passed March 25, 1833, it is provided that said pany authorized to corporation may purchase, hold, and possess, in fee-simple or Island. otherwise, all or any part of that island situate in the city of Boston, known by the name of Noddle's Island, with all the flats around the same, and the privileges and appurtenances thereto appertaining, and all rights, easements, and watercourses therewith used and enjoyed, and to the proprietors of said island belonging; with such personal property as may be necessary for the proper conducting of the affairs of said corporation; provided, that the whole real and personal estate of said corporation shall not exceed in value the sum of five hundred thousand dollars; and provided, that the lawful owners or proprietors of such estates Proviso. shall convey the same to said corporation. And said corporation Authority to sell, shall also have power to sell and convey, lease, mortgage, or otherwise dispose of said corporate property, or any part thereof, wharves ana and to manage and improve the same at its will and pleasure, with authority to construct dams, docks, wharves, and buildings, To lay out streets, and to lay out streets and passageways within the limits of said island, as it shall deem expedient.
2. Said corporation shall set apart on said island, in such Corporation shall place or places thereon as the mayor and aldermen of the city of Boston may designate, a portion of land, not exceeding in the Ibid. § 4. whole four acres, free of expense to the city, for the purpose of providing proper sites for engine-houses, school-houses, burialgrounds, and for other public purposes; provided, that no lot, Proviso. except the lots for burial-grounds, shall contain more than ten thousand feet, without the consent of this corporation; and provided, further, that said mayor and aldermen shall designate the land so to be taken, within six weeks from March 25, 1833.1
set apart land for public purposes.
1 The East Boston Company, by deed dated August 12, 1836, conveyed to the city of Boston a lot of land on Paris street, used for a watch-house; and by deed dated July 13, 1838, a lot of land on Bennington street, used as a cemetery, and another on Meridian and Paris streets, used for a schoolhouse; in conformity with their act of incorporation. (See Suffolk Registry of Deeds, Lib. 409, fol. 89, and Lib. 433, fol. 161. For wooden buildings in East Boston see Buildings; see, also, Ferries.
Qualifications of Electors.
1. Qualifications of voters at
town, county, and other elec
tions. 2. No person to vote for represen
tative to Congress unless he has resided in the district six
months. 3. Collectors of taxes to keep a list
of persons who have paid their taxes, and upon request to
give receipts. 4. Persons omitted from May
assessment can be assessed and vote. Soldiers and sailors may be assessed and vote on
payment of tax. 5. Mayor and aldermen and select
men to make and post up lists
of voters. To be in session for receiving
evidence of qualifications, and
to give notice thereof. 7. Sessions of mayor and alder
men and selectmen in places where voters exceed
thousand. 8. Provisions as to correcting lists
of voters. 9. Naturalization papers to be pro
duced for inspection. 10. Names not to be placed on lists
after polls are opened. 11. Penalty for giving false
15. Meetings, when to be opened.
Selectmen, &c., to decide whether officers shall be voted for on one, or on separate,
ballots. 16. Meetings, how called, time to
be kept open. 17. Secretary of commonwealth to
provide envelopes. 18. City and town clerks to procure
envelopes from secretary, 19. Selectmen and ward officers to
provide envelopes at polls on
the day of election. 20. Persons fraudulently obtaining
envelopes liable to a fine. 21. Manner of depositing votes,
&c. 22. Votes when to be rejected, &c. 23. Results of elections, how deter
mined. No choice in certain
Selectmen and ward officers to
count votes. 25. Mayor and aldermen and clerk
to examine returns, and, if faulty, require new returns.
12. Mayor and aldermen and select
men, when not answerable
for omissions. 13. Penalty for wilful neglect by
city or town officers.
26. City and town clerks to make
returns of votes to secretary,
&c. 27. When return is unsealed, secre
tary to give notice to returning officers, who shall trans
mit a sealed copy. 28. Secretary to furnish blanks,
&c., to cities and towns. 29. Penalty for voting if not quali
fied. 30. Penalty for giving more than
one ballot. 31. Penalty for giving false answers. 32. Penalty for attempting to influ
ence voters by bribery or threats.
Conducting Elections and returning
14. Elections not to be held on days
fixed by law for military duty.