CHAPTER 25. Corporation counsel and city Asst. solicitors, conveyancers Ord. 1884, ch. 14. counsel, powers City solicitor, powers and duties. R. O. p. 62. SECTION 1. There shall be appointed annually, by the mayor, subject to confirmation by the board of aldermen, a corporation counsel and a city solicitor, each of whom shall hold office for one year from the first Monday in July in the year of his appointment, and while he holds such office shall hold no other office under the city government. There shall be allowed in this department the following subordinates, viz. : a first assistant solicitor, a second assistant solicitor, two conveyancers, and a clerk. The foregoing subordinates shall be appointed and removed by the corporation counsel and city solicitor jointly. SECT. 3. The corporation counsel shall furnish legal opinions on such subjects or questions as may be submitted to him by the mayor, the board of aldermen, the common council, or the school committee; by any committee of the city council or of either branch thereof; or by any board or officer in charge of a department of the city government who may require advice in regard to the discharge of their official duties. He may, in his discretion, personally perform any of the duties of the city solicitor, the assistant solicitors, or the conveyancers; and, in performing such duty, shall have the first claim upon the services of all or the subordinates in the department. He shall audit all bills incurred under the provisions of section eight, shall supervise the finances of the department, and shall inform the city council whenever he deems it advisable for the city's interest that any additional legal assistance should be secured. SECT. 4. The city solicitor shall represent the city in all actions and suits to which the city is a party; shall appear as counsel in all other actions, suits, prosecutions, or hearings which may involve the rights and interests of the city; and shall defend the officers of the city in suits and prosecutions against them for their official action or for the performance of their official duty, when an estate, right, privilege, ordinance, act, or direction of the city government is brought in question. He shall also, in behalf of the city and under the direction of any standing committee of the city council having charge of matters before the general court of the commonwealth, appear as counsel before the said general court, or before any committee thereof, when the interest or welfare of the city is directly or incidentally affected. And he may, under the direction of the mayor, expend in any year a sum not exceeding two thousand dollars, to be charged to the appropriation for incidental expenses. He shall, subject to the provisions of sections two and three, have the direction and control of the assistant solicitors and conveyancers in the discharge of their duties, and shall examine, or cause to be examined, all titles to real property, and have the care and custody of records relating to the same; shall draft, or cause to be drafted, all deeds and other legal papers pertaining to real property, which by law, usage, or agreement, the city may be at the expense of drawing; and shall perform such other professional duties, incident to his office, as may be required of him by the mayor, by the city council or either branch thereof, by a committee of said council or of either branch thereof, or by any board of the city. counsel, in case bility, etc., city SECT. 5. If the corporation counsel is absent or unable to Corporation act, or if there is a vacancy in his office, his duties and powers of absence, inashall devolve, during the continuance of such absence, dis- solicitor to act. ability, or vacancy, upon the city solicitor. R. O. p. 62. etc. SECT. 6. The books, records, papers, and accounts of the Books, records, law department shall be and remain the property of the city, R. O. p. 62. and they shall be kept and maintained in the manner hereto fore in use. amination of SECT. 7. When the city buys or takes land, the city Deeds and exsolicitor shall, if requested so to do by the grantor, furnish titles. without charge the necessary deed for the transfer of the same. R. O. p. 62. When a special contract for the investigation of a title to property is made with a conveyancer, by the city or by any department, such contract shall provide, if expedient, that not only the abstract of the title, but also a copy of the schedule or minutes upon which such abstract is based, shall be furnished to the city solicitor to be deposited in his office. penses of. SECT. 8. When an officer of the law department is obliged Travelling exto attend to the city's business out of the city limits he shall R. O. pp. 62, 63. be allowed his reasonable travelling expenses, for which he shall render a bill. to appear except R. O. p. 63. SECT. 9. No person connected with the law department Law officers not of the city shall, except as provided in section four, appear in city cases. in court in any case to which the city is not a party. SECT. 10. The city solicitor shall annually, in June, make City solicitor to a report to the city council of all suits or legal proceedings port. make annual re R. O. p. 63. in which the city has an interest, begun, pending, or determined during the year next preceding the time of making said report; and in such report he shall state the names of the parties, the causes of action, the date when each suit or proceeding was begun, and before what court or tribunal, the amount of the judgment rendered, if any, and in whose favor, and the condition of all pending suits or proceedings, with such other information as may at any time be prescribed by the city council. NOTES. The offices of corporation counsel and of city solicitor are created under the general power conferred by § 38 of the city charter; the manner of their appointment and removal, and of the appointment and removal of their subordinates, is determined by St. 1885, c. 266, §§ 1, 5. As to the power of a city solicitor to employ other counsel on behalf of the city, see Fletcher v. Lowell, 15 Gray, 103. As to the effect upon the city's liability in an action of tort, of the city solicitor's statement of the purpose for which certain acts were done, see Haskell v. New Bedford, 108 Mass. 208. special powers. SECTION 1. The board of police shall have and exercise Board of police, all the powers conferred by the statutes of the commonwealth R. O. p. 64. and the ordinances of the city upon the board of aldermen or upon the mayor and aldermen, in relation to licensing, regulating, and restraining billiard-tables, bowling-alleys, auctioneers, hawkers and peddlers,1 carriages, wagons and other vehicles, intelligence offices, itinerant musicians, pawnbrokers, and dealers in second-hand articles and old junk. Provisions when mayor assumes command. SECT. 2. When, in an emergency, the mayor assumes command of the whole or any part of the police force, he shall first notify the said board of his intention so to do, by R. O. p. 64. a written notice left at their office, and immediately after assuming such command he shall give public notice thereof through one or more of the daily papers published in the city, stating in such notice the emergency which has called for his action. SECT. 3. The maximum number of officers and members Officers and of the police department shall be as follows, namely: A superintendent of police. A deputy superintendent of police. A captain of police for each division. members. R. O. p. 65. A chief inspector and ten inspectors, for duty at the office Ord. 1884, ch. 22. of the superintendent of police. An inspector of carriage licenses. An inspector of wagon licenses. An assistant to the inspectors of carriage and wagon licenses, with the grade and pay of a patrolman. An inspector of pawnbrokers. An assistant inspector of pawnbrokers, with the grade and pay of a patrolman. An inspector of intelligence offices. An inspector of claims. Thirty-four lieutenants. 1 See also chap. 61, post. Persons in other departments may be ap. pointed. R. O. p. 65. Special police St. 1878, ch. 244, § 7, notice of. Fifty-three sergeants. A clerk to the superintendent of police. A property clerk, who shall be selected from the sergeants. Six hundred and forty-nine patrolmen. Ten house watchmen for the public buildings. A probation officer, to be appointed as provided by section seventy-eight of chapter two hundred and twelve of the Public Statutes, with the rank of an inspector. A keeper of city lock-ups with the rank of captain. Two assistant keepers of city lock-ups with the rank of lieutenants. A steward of city lock-ups. A matron of city lock-ups. An engineer of the police steamboat. A fireman of the police steamboat. Such assistant clerks, for duty in the license department, as the law may from time to time require. SECT. 4. The said board may from time to time appoint, in addition to those before enumerated, persons in the employ of other departments of the city service to be police officers for duty in connection with the department by which they are employed. The persons so appointed shall not at any time exceed fifty in number, and shall not be entitled to any compensation from the city on account of their services as police officers. SECT. 5. When the said board appoint special patrolmen appointed under without pay, under the provisions of section seven of chapter two hundred and forty-four of the statutes of the commonwealth of the year eighteen hundred and seventy-eight, they shall communicate their action without delay to the mayor and city council. R. O. P. 65. Board to control all property of R. O. p. 64. SECT. 6. The board of police shall have the care and the department. management of all the city property belonging to the department, and the control and operating of such steamboats as are now or may hereafter be provided for its use; and the said board shall designate such officers and men as are harbor police. necessary to constitute the harbor police for service on board such boats. to appoint Bonds of offi. cers for collec tion and custody of money, etc. R. O. p. 66. Police to aid fire department. SECT. 7. Any member of the police department, to whom is intrusted the collection and custody of money or other property, may be required by said board to give such bond as they shall determine. SECT. 8. The members of the police department shall aid the fire department by giving alarms in cases of fire in such manner as the fire commissioners may direct, and in clearing the streets or grounds in the immediate vicinity of a fire,so that the members of the fire department may not be hindered or obstructed in the performance of their duties. If a policeman refuses or neglects to give an alarm as afore |