HomeMy WebLinkAbout2550 Pamphlet, "By-Laws of the Town of Lexington," 1888 i
BY - f-, AWS
OF THE
TOWN OF LEXINGTON.
BY- LAWS
OF THE
TOWN OF LEXINGTON,
APPROVED NOV. 26, 1888.
/mod i will
C7C:�IU.I:S R'. SY`�IONllS,PRINTED.
18ar.
BY-LAWS
OF THE
TOWN OF LEXINGTON ,
ARTICLE I.
TOWN MEETINGS.
COMMONWEALTH OF MASSACHUSETTS.MrnnLsEx, ss, Notice of every Town Meeting shall be
Superior court September Sittin given by posting a copy of the warra»t
p Sitting A. D.
i888. calling the same, in the post-offices and
The Town of Lexington in the Caunt _alesex,presents to this Court the .follow nor 'slid two other public places in the town, and
Of B - g code y g printedcopy rant
By-Laws, to wit; at every dwelling-house in the town, not
less than seven days before the day ap-
pointed for said meeting. But in case of
any emergency arising, making it neees
sary, in the judgment of the Selectmen, to
call. a meeting without giving so long a
notice, the said meeting may be notified by
posting copies of the warrant as before pro
vided, and by leaving a printed copy of
4 BY-LAWS. BY-LAWS-. 5
the warrant at every dwelling-house in th turn of the person or persons who not'-
town, not less than three days before th ed the meeting; and if it shall appear by,
time of such meeting; and the return o he Warrant that the said meeting was
the person or persons appointed to distri egally called and duly notified, he shall
to brig
bute the warrant, stating the manner o .hen call upon the voters present nt f oven
votes for a Moderator
is
notice, shall be indorsed on the warrant. n their v
equired at the. said meeting), and lie.
hall preside until a Moderator is chosen.
ARTICLE 11.
SEC. 2. Every person attending any
RULES FOR THE GOVERNMENT OF TOWN Tows? Meeting shall be seated after the
MEETINGS. meeting is duly opened; nor shall any
. SECTION 1. person be permitted to stand o interrupt n the ea
The Town Clerk shall al- between the settees, so as
ways attend Punctually at the time and free passage to and from the desk; nor to
place at which the meeting shall have stand at the desk so as to annoy the Clerk,
been notified to be holden • and as soon as Moderator, or an -Board of municipal
twenty-five persons are assembled who-are officers, whose duty it is to preside at the
qualified to vote in town affairs, he shall meeting.
immediately take his place in the house,
and call to order all persons who have
SEC. 3, 'Every motion or order which is
there assembled, and proceed forthwith to of a complicated nature, or of unusual
� read the warrant-and the several articles length, shall be reduced to writing ; and
therein contained, in regular order, as also every other motion, whenever the
they may be there inserted, and also the presiding officer shall desire it.
6 BY-LAWS. BY-LAWS. 7
SEC. 4. Ever proceed at
y person speak in shay e presiding officer, who may p
address the Chair, standing andu nco ce to poll the house by causing those
ered shall confine himself to the questioo are in favor of the question to pass
under debate and avoid Personalities • an' redly in front of the chair, and after-
no person shall be permitted• to s ards those who are opposed to it ; and
without fi ea
rst obtaining leave of the p
ng c�Cer_ resid hen the house shall be thus divided, the
lerk shall duly record the number of
otes for and against the question respec-
SEC. 5. No person while speaking s p _hal 1 .
be interrupted by another, except it bet ive y
call to order, to correct a mistake, or to SEC. 8. Tn choosing a committee 'by
iomination, no individual shall nominate
give notice of a reconsideration.
ore than one person on any one commit-
SEC. 6. No person shall speak more ee, if the person so nominated by him
than twice on an shall be chosen.
f
obtaining leave of he houlse, exlceot it but se
4 to make some explanation or �p S W. 9. No final vote .shall be reconsid-
orrect a ered, except upon notice for that purpose,
mistake ,• nor more than once, until others
by one of the majority acting 'thereon,
who have not spoken on the question shall
s peak y given within thirty minutes after such vote
p , if the desire it. has passed; but after such notice has been
4 an SEC. 7. Whenever given, any person who voted with the ma-
the vote declared b
the presiding officer shall be doubted by jority may make the motion to reconsider.
seven or more of the legal voters present
SEC. 10. When a question is under de-
it shall be made certain without debate by bate, no motion shall be received but to
S BY-LAWS. BY-LAWS. 9
adjourn to a specified time, to lay upon tl er Monday during the same month,
table, to postpone to a time certain, d the annual reports ofthe Town Offs-
; commit, to amend, or to postpone inde rs shall be printed and circulated with
nicely, which several motions shall ha e warrants for the annual meeting.
precedence in the
}<
order in which the
!! „ are here named ; and the first two sha SEc• 2. The Committee chosen to take
d ' be decided without debate. zar e of the cemeteries, shall take the
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eneral charge and superintendence of
I SEC. 1.1. No vote fixingthe period fc, e cemeteries, and determine the grades
closing a ballot shall be r onsidered afteiof the avenues and lots ; and make such
such ballot shall have commence bl vements b planting trees in the
the time for closing such ballot may b venues and around the borders of the
4 I extended without such reconsideration. emeteries as they may think proper, pro-
ided they do not exceed the amount of
none devoted to such improvements.
ARTICLE III. They shall also designate and set apart
uch portion of the general inclosure as
they may deem expedient for gravel to be
TOWN AFFAIRS.
the lots, the said gravel to
used in grading
be taken under the direction of the Super
SECTION 1. The Annual Town Meetin -
g intendent of the . cemeteries. No per-
shall be held on the first Monday in son shall be allowed to take gravel in ex-
March in each year, commencing at 9 cessive quantities, and no person shall be
o'clock A.M., unless the Selectmen shall, allowed to so fill up or. grade a lot as to
for sufficient -r to ob-
ey i son, postpone it to any interfere with the adjacent lots, o
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struct the avenues or paths between t ener as they may think proper, to ex-
lots nor shall any two lots be united ine the books of the Treasurer, as
one enclosure, without the consent oft fain the condition of the treasury, and
Committee as well as the owners of t that all temporary loans are paid in
lots respectively. a season, and that the funds of the
SEC. 3. The Sexton shall be deeme
wn are at all times available; and the
Superintendent of the Cemeteries, unles lectmen shall keep a record of these
some other person be appointed by th arterly examinations, and report the
Committee. He shall, whenever direc ult of the same to the Town in connec-
i + ed by the Committee, collect whateve n with their report of the settlement
' th the. Treasurer at the end of the year.
may be due on the lots taken, and hol
the same subject.to the order of the Com
mittee SEC. 5. The Selectmen may authorize
; and the Superintendent shall annu e Treasurer to borrow money tempora-=
ally, in the month of January, make
written report to the Committee, stating y on the credit of the town, in anticipa-
the number of lots taken the past year,
n of the-collection of taxes, should the
the amount of money collected during the
me be in their judgment necessary, and
same period, the amount due, and the give the note or notes of.the Town
names of the delinquents which shall be erefor, signed by the Treasurer.
submitted .in a report presented to the
Town by the Committee at the succeeding
March meeting, in each year; .
SEC.. 4. It shall be the duty of the Se-.
i lectmen once every quarter, and as much
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12 BY-LAWS. BY-LAWS. 18
ARTICLE IV own for all damages, costs, and expenses
)r which the Town may be liable, or
STREETS, POLICE REGULATIONS, E-,,(_,.hieh it may be compelled to pay, in con-
II uence of such removal, or of any ob-
j SECTION 1. No building shall be lzuction, incumbrauce, or injury occa-
moved over a public street without a wrioiied thereby.
j ten Permit from th p e Selectmen; and i
permit shall be given by the Selectme SEC. 3. No person shall place or cause
for the removal of* any building, whO he placed in any of'the public streets,or
such removal will cause the destruction (Mares, without a written -license from
injury of any tree or shrub standing (he Selectmen, any ashes, dirt, rubbish,
the street, or owned by any citizen anh°cxl, timber, or other material of any
I I I projecting over the street, unless the wririll(l, tending to obstruct or mar the ap-
ten consent of the person, on or in frol)e`Lrance of the street or sidewaik, under
penalty of not less than two dollars nor
of whose premises such tree or shrub rna� 1 -
stand, shall first be obtained,. The peiIaore than twenty dollars for each offence,
alty for breach of this by-law shall nobzld a like penalty for each additional day,
be less than five dollars, nor more tha ter he shall have been found guilty of a
twenty dollars. each of this by-law, that he shall suffer
ch material to remian in such street or
SEC. 2. If any building shall be r are.
moved over or through any public stree
or square, the owner of such building it. SEC. 4. No person shall pasture cattle
the person or persons moving the same other animals, in or upon any of the
shall be jointly axed severally liable to th reets or ways of the Town, either with
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BY-LAWS. 15
BY-LAPS.
or without a keeper, under the penal t rfere with tiie free passage of all trav-
five dollars for each and every offence. bicycle,
rs, a coach, cart, velocipede, y ,
I ' SEC- 5. Whoever shall tie or fastei
YC
e, or any carriage of burden or
I person shall .in •any
horse or other animal to, or leave the sa re and no
it
standing by, any ornamental or h
ent ride on any sidewalk, any bicycle,
tree in or near any of the streets, lanes cept for the purpose of going to or
I public places of this town, so near as to °m the highway directly across the side-
Public jure such tree, shall be liable to a fine I walk-from or to private grounds. Who-
+' exceeding twenty dollars for 'each offen�'ver is found guilty of a breach of this
J ! i ,y-law, or any provision thereof, shall be
SEC. 6. No person shall .ride or dri)
liable to a fine not exceeding-twenty dot-
or cause to be driven, any horse or otl lays for each offence
animal, or any vehicle in through,
along any highway, street, public agvenu SEe. 8. The Selectmen shall appoint
or public passageway,in this town, in su, nnually tWo or. more Police Officers,
a manner as to endanger or unreasonal
incommode travellers, nor in any event
hose special duty it shall be to see that
+I ; ' I hese police regulations are duly enforced,
i a greater rate of speed than ten miles nd to make complaints under these by...
I i; hour, under a penalty not exceedi twenty dollars for each offence. aw who shall also have the same powers
at constables now have, except as to the
SEC, 7. No person shall ride, driv ervice of civil processes, and who shall
wheel, or draw, or cause to be drive emain in office until others are appointed
I upon any sidewalk, in such n their stead, subject to removal by the
I a way as
Selectmen.
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SEC. 9. Thee of
.Police Officers shall recei nex as to impede the free passage
from the town such compensation as t g q
I ' eller�, after being requested by a police
i Selectmen may deem reasonable. er to move on, shall be subject to a
of not more than five .dollars ; and
Ilj SEC. 10. They shall disperse all gathe enever three or more persons shall
ings n the streets or elsewhere, by da
+ nd in a group or near each other on
or night, of noisy men or boys, and ma sidewalk or travelled place in such a•
jl� and shall take into custody all disorderl nner as to interfere unreasonably with
persons, and persons found wandering a free passage of travellers, they shall,
unreasonable hours, and in suspicion ersisting in so doing after a request to
places, and hold them in custody y unti ve along made -by a police officer, sev-
they can be brought before a, magistrat lly incur a like penalty for each offence.
for examination.
SEC. 13. All idle or disorderly children
! SEC. 11. Whoever behaves hi self in o shall misspend their time in the
rude or disorderly manner, or uses I pro eets or fields during school-hours and i ! fane, indecent, or insulting language in, 1 persons who shall, by day or night, con-
any�public place in the town or in or near re ate noisily in or about the streets,
any dwelling house or other buildin sto e s, or public places of the town, or
I not his own, or upon any private grounds disturb the public quiet by the unauthor-
or premises, shall for each offence y a a ized ringing of the church or other bells,
I I fine not exceeding twenty dollars. p or in any improper manner, or who shall
j' at any time deface, pull down, or injure
SEC.' 12. Whoever wilfully stands on any building, fence, or sign, or other struc-
any sidewalk or travelled place in such tire, in this 'town, not under his own.
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BY-LAws. BY-LAWS. 19
rightful control, or shall trespass on <tjout in streets or public places therein,
Property, real or personal, or wrongfulving no lawful employment or business,
remove therefrom, or injure thereon, <"t attending school, and growing up in
tree, plant, shrub, fruit or vegetable, aorance, shall be committed to the
Who shall create any disturbance of Ouse of Reformation for Juvenile Of-
in any lawful meeting of the citizens riders, in the City of Lowell in this Com-
this town, shall for each and every one on\vealth, for a term not exceeding two
such offences, be severally liable to a fil;ars.
not exceeding twenty dollars.
SEC. 3. Two or more truant officers
ARTICLE V. L °1 be appointed annually, whose duty it
TRUANCY, ETC.
t,' 1 be to inquire into all violations of
4
truant laws, and of the law relating to
SECTION 1. The provisions of the fort pulsory education, and to do all the
eighth chapter of the Public Statutes required of theirs by the laws of the
this Commonwealth so far as applicab mornvealth.
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to truant children, to absentees fro
school, and tot EC. 4. It shall 1 , h he care and education �c the duty of every
neglected children, and all Acts in ad
lit officer, prior to snaking any com-
tion to, or in amendment nt under these laws, to notifythe tru-
there
of,
ai
her eb ad
opted.ted. or the absentee n from y p ,e tee school, also his
ent or guardian, of the offense com-
SEC. 2. All children between the ag ted, and of the penalty therefor ; and
of seven and fifteen years, residing in th he truant officer can obtain satisfactory
town, and who may be found wanderin dges for the restraint and reformation
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20 BY-LAWS. BY-LAWS. 21
of the child, he may forbear to prosecute, place for the commitment of persons con-
so long as such pledges are faithfully kept. victed of any of the offences 'mentioned in
Section 2 of this Article, but also (under
SEC. 5. It shall be the duty of the Section 18 of said Chapter 48) as 'an in-
School Committee, the teachers of the
stitution of instruction for children under
public schools, and the citizens generally, sixteen years of age, who by reason of the
to aid the truant officers as far as possible neglect, crime, drunkenness, or other vices
in the discharge of their duty* of parents, or from orphanage, are suffered
to be growing up without salutary paren-
SEc. 6. It shall be the duty of the tru- tal control and education, or in circum-
ant officers to keep a full record of all stances exposing them to lead idle and
their official acts, and make an annual dissolute lives ; and such children may be
report thereof to the School Committee, committed, by the Court or Magistrate
who shall publish the same with their own having jurisdiction of the case, to said
institution, there to be kept, educated and
report: cared for, for a term not extending beyond
r SEc. 7. Nothing in these By-Laws shall the age of twenty-one years for boys, or
be so construed as to alter or impair the eighteen years for girls.
obligation and duty of teachers to enforce
' punctuality and regularity of attendance, SEc. 9. The Selectmen are hereby di-
punctuality to make all arrangements and
s+)+ and to preserve good order and discipline... - g
contracts with the managers of said House
SEc. 8. The House of Reformation for of Reformation or other proper authorities,
y� Juvenile Offenders, above named, is hereby necessary to .carry out and enforce the pro-
provided and assigned not only as a suitable visions of these by-laws.
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22 BY-LAWS. BY-LAWS. 23
ARTICLE VI.
COMMONWEALTH.OF MASSACHUSETTS.
All •existing by-laws and votes of the
town which conflict with or are inconsis- Middlesex:ss. : . Superior Court.
tent with these by-laws are hereby re- :.
The foregoing by-laws were filed in
pealed. Court_- on the third day of. November,
A 1'1)'1888,' and now on the.twenty-sixth
day of'-the same November, are,approved..
By, the Court.
THEO. C. HURD,
Clerk.
In testimony,that the foregoing is a
true copy of record„I hereto set
JL, s.] my hand and the seal of said Court,
this twenty-sixth day of November,
A. D., 1888.
THEO. C.'HURD,
Clerk.
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24 NOTES. NOTES. 25
fix the hour for the commencement of their
daily session, so that with them a motion to
NOTES. adjourn is simply to take a recess till the
next meeting. In a Town Meeting, where no
[Reprinted from Edition of By-Laws published in 1873.] time for a future session is fixed, a motion to
Though Town Meetings as well as legisla- adjourn is a misnomer, being in fact a motion
tive assemblies require rules for their gov to dissolve the meeting and one that cannot
ernment, it is manifest that 'many of the be pt}t till all pending motions are disposed of.
rules of the latter bodies cannot apply to the Nothing, perhaps, gives rise to more fre-
former. A legislative body consists of two quent debate in our primary assemblies than
branches, occupying separate halls, continu- the precedence of certain co-existing or pend-
ing in session from day to day, and originat ing motions. And though there may be no
ing its own business at pleasure; while a absolute principle by which to decide all
Town Meeting is a collection of citizens con- these questions, there is one fundamental
vened in one room to act on specified sub- consideration which will dispose of some of
jects, and generally continuing in session them and cast light upon all. The motions
but a few hours: It is obvious, therefore, to which we refer, and which,may all be
that many provisions in the code of Parlia- pending at the same time, are "to lay on the
mentary Law, a code designed expressly for table," "to amend," "to commit," "to post-
a legislative assembly, are not applicable to
pone to a day certain," "to postpone to the
a primary meeting in our little municipals next meeting," or which is the same thing,
ties.
'.'to postpone indefinitely." The considera-
Among the rules or motions of frequent tion which should have great weight in de-
application in the one, and of rare use in the ciding the precedence of these motions is
other, is that of adjournrzertt. In a parlsa this: the meeting is designed to transact
mentary assembly one of their first acts is to business, and a motion to facilitate business
26 NOTES. NOTES. 27
takes precedence of a motion to obstruct.or It is `frequently asked whether the "pre-
d:A A it.motion to vious question" applies to a:Town Meeting ?
`lay on the table may be de- It obviously does not, unless the Town has
signed to obtain further' information, or to
adopted it as rule. The doctrine is this
accommodate a friend of the measure. who is stopping discussion is in derogation of.the
absent, or mustleave immediately; a'motion freedom of debate,'and hence. the previous
to amend is designed to make the' measure question does not exist at common law, and
more acceptable; and so encourage its, pas- can be applied only where it has been adopted
sage; a-motion to commit may be the most as a rule.
expeditious mode of perfecting the'measure ;
a motion to postpone to d time certain, -if' that
time falls-within the probable duration of
the meeting, may have for its object the ob-
taining of further information which would
sustain the measure and secure its passage.
But a motion to postpone to the next meet-
ing, that is; beyond the session, or to postpone
indefanitelq, can have no other object than to
defeat action, and so cannot, according to,
f parliamentary principles, be put till all the
pending motions are disposed of.. And- even
if the motion to postpone indefinitely is first
made, it may be superseded by any of the
motions mentioned above, though subse-
quently offered. An indefinite postponement"
covers the whole subject, and so opens the
door to the fullest debate.
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