CHAPTER 37. OF THE CITY ARCHITECT. Appointment; to give whole time to city. R. O. p. 103. General duties. Other duties. Subordinates. SECTION 1. There shall be annually appointed by the mayor, subject to confirmation by the board of aldermen, a city architect, who shall be a citizen of Boston, and shall devote the whole of his time to the service of the city. SECT. 2. The said architect shall prepare all such plans, specifications, and estimates for the city as can properly be required of an architect, and shall be consulted on all important matters, relating to public improvements of every kind, where the advice of an architect would be of service; and when a board or officer in charge of a department in the city government is authorized to perform any work for which the services of an architect are required, such services shall, unless otherwise ordered, be performed by the said architect, or under his direction. SECT. 3. Whenever any public building is to be constructed or altered by the city, the city architect shall prepare the plans, specifications, and estimates therefor. After they shall have been approved by the department, if any, for which said building is constructed, the architect shall then issue proposals for contracts for the various portions of the work; and shall, wherever feasible, make a separate contract for each class of work which is estimated to cost over one thousand dollars. He shall thereafter have charge of the inspection of the work while in progress, and shall examine and approve in writing all bills under such contracts, and transmit them to the city auditor for settlement. SECT. 4. The city architect shall be allowed for the performance of his duties the following subordinates: The office of city architect is established by ordinance under the general power conferred by § 38 of the city charter. The manner of appointment and removal of the architect and of his subordinates is determined by St. 1885, c. 266, §§ 1, 5. SECTION 1. The board of directors for public institu- General powers. tions shall have charge of the house of correction, the house of industry, the house of employment and reformation for juvenile offenders, the lunatic hospital, the city almshouses, and of all books, papers, property, and things pertaining to the said institutions; and they shall make all needful rules and regulations for the government and management of the Clerk not to be same, and of their subordinates. The clerk of said board board. shall not be a member thereof. member of R. O. p. 108. 'hospital, elec SECT. 2. The said board shall annually, in February, Supt. of lunatic elect some suitable physician to be superintendent of the tion, powers and lunatic hospital. The said superintendent shall constantly duties. reside at the hospital, and shall perform the duties of physi- R. O. p. 108. cian to such other institutions under the charge of the said board as the said board may require, and he shall, subject to the approval of said board, have charge and control of the hospital, grounds, buildings and appurtenances, and of the patients, subordinate officers, attendants, and domestics. annual reports. SECT. 3. The said board shall make a quarterly report to Quarterly and the city council of their expenditures for each of said insti- R. O. p. 109. tutions, and shall annually in January make a report, in print, of the expenditures and receipts of each institution for the previous year, giving the condition of each, with the number of inmates admitted thereto and discharged therefrom, the births and deaths therein, and the number of persons remaining in the same on the first day of said month, together with such other information pertaining thereto as they may deem to be of public interest. NOTES. The "board of directors for public institutions" was created by St. 1857, c. 35. By said statute (§ 1) the said board was to “ have all the authority and powers, and be subject to all the duties now conferred and imposed, by virtue of existing statutes respectively, upon the directors of the houses of industry and reformation and the overseers of the house of correction, together with such other powers and duties in connection with the lunatic hospital and the management thereof as the city council may by ordinance, and in conformity to the statutes of the commonwealth, provide." By section 3 of the same statute the city council was given "power to pass such ordinances, not inconsistent herewith, or repugnant to other laws of the commonwealth, as to the duties and authority of said board of directors, and providing for their reasonable compensation, as it may from time to time deem expedient and necessary." By Section 4, the board of directors for public institutions consisted of twelve members to be elected by the city council, — nine of them from the citizens at large, one from the board of aldermen, two from the common council. By St. 1885, c. 266, §§ 1, 3, the members are appointed by the mayor, subject to confirmation by the board of aldermen, and are removable by the mayor upon assignment of cause. Their number is reduced to nine by § 3, which takes from the board the three members of the city council. Various provisions relative to the powers and duties of the said board, may be found in the Public Statutes. See P. S. c. 220, §§ 1115, 20-23, 28, 42, 49, 59, 60, 66–70; P. S. c. 222, §§ 16, 20. The earlier statutes, conferring and imposing powers and duties upon the various officers whose powers and duties were transferred as above to said board were the following; Statutes relative to directors of houses of industry. St. 1822, c. 56; St. 1826, c. 111; Statutes relative to directors of houses of reformation. St. 1825, c. 182; St. 1843, c. 22; St. 1865, c. 208, § 4; St. 1866, c. 283, § 4. (The office of overseers of houses of correction was abolished by St. 1877, c. 147, and the duties of those officers, in other counties than Suffolk, were transferred to the county commissioners. In Suffolk they had already been transferred to the board of directors of public institutions. The present powers of said board relative to the house of correction may now be found in the provisions of the Public Statutes, before referred to.) Statutes relating to the lunatic hospital. St. 1839, c. 131; St. 1851, c. 243; St. 1840, c. 79; St. 1857, c. 281. and buildings. SECTION 1. The trustees of the city hospital may make Trustees, pow. all needful improvements in the land and grounds connected ers as to land therewith; but they shall not make any change in the occu- R.O. p. 111. pancy of the buildings in charge of said trustees without first obtaining the approval of the city council. R. O. p. 111. SECT. 2. The superintendent of the city hospital, ap- Superintendent, pointed as provided in section six of chapter one hundred general powers. and seventy-four of the statutes of the commonwealth of the year eighteen hundred and eighty, shall constantly reside at the said hospital, and shall, under the direction of the said trustees, have the control of all departments thereof and of all subordinate officers, attendants, domestics, and patients, and the charge of the grounds, buildings, and appurte nances. lished for tem. porary relief; R. O. p. 111. SECT. 3. The city hospital is established for the reception Hospital estab of those only who require temporary relief during sickness, but the trustees may admit other persons to the institution, may admit paytemporarily, when necessity requires; but such persons shall ing patients, etc. be removed to other appropriate public institutions as soon as their condition will permit such removal. The trustees may afford to persons making compensation therefor separate apartments and more accommodations than are customary when no compensation is made, and the compensation so received shall be credited to the account of the hospital. SECT. 4. The said trustees shall annually, in January, Annual report of present to the city council a report, made up to and includ-trustees. ing the last day of the preceding December, and containing a statement of receipts and expenditures, of the condition of the hospital, of the number of its inmates, of admissions thereto, discharges therefrom, and births and deaths therein during the year, and such other information or suggestions as the trustees may deem proper. R. O. p. 111. SECT. 5. All property and estate, real and personal, All gifts, begiven, devised, or bequeathed to the city for the use of said quests, etc., to hospital, shall, unless the donors thereof have otherwise manent fund,etc. constitute a per 112. R. O. pp. 111, directed, constitute a permanent fund, the principal of which shall not be diminished, and the income of which shall be devoted to the uses of the hospital. Duties of trustees as to permanent fund. R. O. p. 112. Property given, devised, etc., R. O. p. 112. SECT. 6. The said trustees shall exercise a careful supervision of all such property and estate so as to prevent any loss or diminution of the value thereof; and in the expenditure of the interest and income thereof they shall, in all cases in which conditions or directions have been attached to the gift, devise, or bequest, strictly observe and conform to such conditions or directions. SECT. 7. All real estate and other property, except management of money, received by the said trustees from the principal of any gift, devise, or bequest for the benefit of the hospital, shall be leased or otherwise improved by them, and the rent and income thereof added to the moneys appropriated for the use of said hospital. The evidences of title to any such property shall be deposited with the city auditor. NOTES. The "trustees of the city hospital" were made a corporation and their duties and powers defined by St. 1880, c. 174. By sections 4, 5, and 7 of said statute the city council was given a limited power to control by ordinance the said trustees and the administration of the city hospital. By St. 1885, c. 266, § 1, the trustees are appointed by the mayor, subject to confirmation by the board of aldermen, and are removable by the mayor upon assignment of cause; by section 3 the two members of the city council retire from the board of trustees, the number of which is thus reduced to five. By St. 1880, c. 174, § 6, and St. 1885, c. 266, § 5, the subordinates are to be appointed, and removed and their compensation fixed, by the board of trustees. The original establishment of the city hospital was authorized by St. 1858, c. 113. See also P. S. c. 84, § 20. As to the city's power to erect wooden buildings for hospital purposes, see St. 1873, c. 4. The trustees are not liable for personal injuries caused by falling down stairs which were unsafely covered owing to the negligence of the superintendent. Benton v. Trustees of the City Hospital, 140 Mass. 13; nor would the city be liable for the same. Field, J., Id., p. 17. |