and in making such designation, said trustees shall, as far as Dec. 21, 1857. they conveniently may, give preference to males over females, and to proximity of blood, priority of age, and with due regard to proximity of residence. Tenth. The said lot shall be holden subject to all by-laws, rules and regulations, made and to be made by the said board of trustees, in pursuance of authority granted to them in and by any ordinance or ordinances of the city of Boston. And the said city of Boston hereby covenants to and with the said heirs and assigns, that the said city is lawfully seised in fee-simple of the aforegranted premises and of the ways leading to the same from the highway, that the granted premises are free from all incumbrances, that the said city hath good right to sell and convey the same to the said — in the manner and for the purpose aforesaid, and will WARRANT and defend the same unto the said heirs and assigns forever. 9 IN WITNESS WHEREOF, the said city of Boston hath caused these presents to be signed by the chairman of the said board of trustees, to be countersigned by their secre tary, and the treasurer of the said city, and to be sealed with its I hereby certify, that the foregoing deed has been received, entered, and recorded in this office, in the book provided for the purpose, being book No. -, and page No. City Registrar. SECT. 11. All deeds executed in conformity to the preceding Deeds to be section shall be signed by the chairmau of the board of trustees signed by chairof Mount Hope Cemetery, and countersigned by their secretary, Ibid. man, &c. Dec. 21, 1857. Deeds to be recorded. Ibid. Trustees shall city council. Ibid. and the city treasurer, and shall have the city seal affixed thereto. SECT. 12. Said deeds shall be recorded by the city registrar in a book provided for that purpose, and to be kept in his office. SECT. 13. Said board of trustees shall annually, in the make report to month of January, and whenever required by the city council, make and render a report in writing, of all their acts and proceedings, and of the condition of the cemetery, and an account of the receipts and expenditures for the same, and the funds subject to their order.' NOTICES AND PLACARDS. ORDINANCE. 1. No person shall post notices, placards, or bills on buildings, &c., without consent. 2. Fine. No person to post notices on without con sent. ORDINANCE.? SECTION 1. No person shall post up or affix in any manner buildings, &c., any bill, placard, or notice, either written or printed, upon the fences, walls, or upon any part of any building in the city of April 28, 1853. Boston, without the previous consent of the occupants thereof, or, if there be no occupants, without the previous consent of the owners thereof; nor upon any part of any building belonging to the city of Boston, without the previous consent of the mayor. SECT. 2. Any person offending against any of the provisions of this ordinance shall be punished by fine not exceeding fifty dollars. Fine. 1 For penalties for injuries done in cemeteries to gravestones, fences, trees, &c., &c., see ante, pp. 303, 304, §§ 75, 76. 2 An ordinance in relation to posting notices and placards on buildings, passed April 28, 1853. gerous build disposed of. 1. In any city or town which has adopted chapter four Burnt or dan hundred and sixty-nine of the Statutes of eighteen hundred and ings adjudged fifty-five, or which shall adopt this and the four following sec- nuisances, how tions, at a legal meeting of the city council' or inhabitants of G. S. 87, § 1. the town, if the mayor and aldermen or selectmen, after due notice in writing to the owner of any burnt, dilapidated, or dangerous building, and a hearing of the matter, adjudge the same to be a nuisance to the neighborhood, or dangerous, they may make and record an order prescribing such disposition, alteration, or regulation thereof as they deem necessary; and thereupon the city or town clerk shall deliver a copy of the order to a constable, who shall forthwith serve an attested copy thereof upon such owner, and make return of his doings thereon to said clerk. ed may apply 2. Any owner aggrieved by such order may within three Owner aggriev days of the service thereof upon him apply for a jury to the for jury. superior court, if sitting in the county or to any justice thereof Ibid. § 2. in vacation. The court or justice shall issue a warrant for a jury, to be empanelled by the sheriff within fourteen days from the date of the warrant, in the manner provided in chapter forty-three of the General Statutes relating to highways. &c. Ibid. § 3. 3. The jury may affirm, annul, or alter such order; and Verdict of jury, the sheriff shall return the verdict to the next term of the court for acceptance, and, being accepted, it shall take effect as an original order. 4. If the order is affirmed, costs shall be taxed against the costs. 1 Adopted by the city council of Boston, March 17, 1860. See City Records, vol. 38, pp. 135, 142. G. S. 87, § 4. Nuisance may be abated, &c. Ibid. § 5. Booths, &c., used for gaming, &c., near &c., how removed. Ibid. § 10. applicant; if it is annulled, the applicant shall recover damages and costs against the city or town; if it is altered in part, the court, may render such judgment as to costs as justice shall require. 5. The mayor and aldermen or selectmen of any city or town shall have the same power and authority to abate and remove any such nuisance, as are given to the board of health in sections eight, nine, and ten of chapter twenty-six of the General Statutes.1 6. The mayor and aldermen or selectmen of any place, upon complaint made to them under oath, that the complainant public shows, has reason to believe, and does believe, that any booth, shed, or other temporary erection, situated within one mile of any muster-field, cattle-show ground, or other place of public gathering, is used and occupied for the sale of spirituous or fermented liquors, or for the purpose of gaming, may, if they consider the complaint well founded, order the owner or occupant thereof to vacate and close the same forthwith. If the owner or occupant refuses or neglects so to do, the mayor and aldermen or selectmen may forthwith abate such booth, shed, or erection as a nuisance, and pull down or otherwise destroy the same in any manner they choose, or through the agency of any force, civil or military. or appointment SECTION 1. All city officers required by the city ordinances Time of election to be elected or appointed by the concurrent vote of the city of city officers. council, or to be appointed by the mayor, by and with the advice June 14, 1862. and consent of the board of aldermen, excepting those officers Exceptions. the time of whose election or appointment is otherwise prescribed by the statutes of the commonwealth; also excepting the treasurer, auditor, and assessors, shall be elected or appointed as the case may be, on the first Monday of February in each year, or within sixty days thereafter. Ibid. SECT. 2. Every city officer elected or appointed under the Tenure of office. provisions of the foregoing section shall hold his office, if not sooner removed, for one year from the first Monday of April in the year in which he shall be elected or appointed, and until a successor be elected or appointed and qualified; but he may at Removal and any time be removed by the authority under which he may have Ibid. been elected or appointed, and any vacancy occasioned by the removal, resignation, or death of such city officer may be filled at any time. vacancies. his nominations to board of Ibid. ante. SECT. 3. In all cases wherein appointments to office are Mayor to make directed by any law or ordinance to be made by the mayor and aldermen, or by the mayor, by and with the advice and consent aldermen. of the aldermen, the mayor shall send his nominations to the See p. 20, § 49, board of aldermen, directed to the city clerk, who shall forthwith enter the same in a book kept for that purpose. And whenever the mayor shall remove any officer, he shall send information thereof to the said board, which shall be entered on their record at the next meeting. ions directory SECT. 4. Whenever any ordinance shall provide for the Certain proviselection of any city officer, at or within a time specified, such merely. provision shall be considered merely as directory; and an elec- Sept. 9, 1850. tion after the expiration of such time shall be valid. SECT. 5. There shall be chosen annually, as provided in Clerk of comsection one, by concurrent vote of both branches of the city and when 1 Ordinances passed September 19, 1850, July 2, 1857, and June 14, 1862. mittees, how |