[11] SEC. 2. Be it further enacted, That any suit which may by law be brought in the name of said Mayor or of said Chief Engineer for the use of said city, may be brought in the name of the City of Boston.

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An Act to enable the Treasurer of this Commonwealth, and the Treasurers of Counties, Towns and other corporations for the time being, to commence and proescute Suits at Law, upon securities given to their predecessors. [Passed June 22, 1797.]

[12] Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Treasurer of this Commonwealth, the Treasurers of Counties, Towns, Parishes, and other corporations, for the time being, be and hereby are authorized and empowered in their own names and capacities, respectively, to commence and prosecute to final judgment and execution, any suit or suits at law, upon any bonds, notes or other securities, which have been or shall be given to them or their predecessors in said capacity, and to prosecute to final judgment and execution, any suits which have been or shall be commenced by their said predecessors in said capacity, during their continuance in office, and pending at the time of their removal therefrom.

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An Ordinance providing for the appointment and prescribing the duties of an Attorney and Solicitor for the city of Boston. [Passed June 18, 1827.]

[1] SEC. 1 Be it ordained by the Mayor, Aldermen and Common Council of the City of Boston, in City Council assembled, That in the month of June, annually, there shall be chosen by concurrent vote of both branches of the City Council, an Attorney and Solicitor for the City of Boston, who shall be a Citizen and resident within said City, who has been adnitted an Attorney and Counsellor of the Supreme Judicial Court of this Commomwealth, and who shall not hold any other office under the City Government during the period for which he shall be elected; and said Attorney and Solicitor shall be removable at the pleasure of said City Council.

[2] SEC. 2 Be it further ordained, That it shall be the duty of such Attorney and Solicitor, to draft all bonds, obligations, contracts, deeds, leases, conveyances, assurances and other legal instruments which may be required of him, by any ordinance or order of the Mayor and Aldermen, or of the City Council, or which by any such ordinance or order heretofore passed, are requisite and necessary to be done and made by and between the City of Boston, and any person or persons contracting with said City in its corporate capacity, and which by law, usage or agreement, the said City is to be at the expense of drawing. It shall be his duty to commence and prosecute all actions, and suits, brought, and to be brought by order of the City Government for or on account of any of the estate, rights, privileges, claims, or demands of the City, and to defend all actions and suits, brought or to be brought against the said City, or any officer of the City wherein or whereby any of the estate, rights, privileges, ordinances, orders, or acts of

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the city government or any breach thereof may be brought in question before any court in this Commonwealth, and shall do all and every other professional act incident to the office, or which may be required of him by the city govornment, or by any joint or special committee thereof, or by any order or ordinance of the City Council or either branch thereof. The said Solicitor shall also when required, furnish the Mayor and Aldermen, the Common Council of the said City and any joint or special committee thereof with his opinions on any legal subjects which may be submitted to him, and shall render professional advice to the Overseers of the Poor, the Directors of the House of Industry, and to any officer of the City Government who may require his opinion on any subject touching the duties of their respective offices.

[3] SEC. 3. Be it further ordained, [That the said Attorney and Solicitor shall be allowed the yearly salary of six hundred dollars in full compensation for his services as aforesaid, to which no addition shall be made for extraordinary professional services, except a reasonable allowance for travel, when his said duties may require his attendance out of the County of Suffolk, but said Attorney may be allowed in extraordinary cases, the aid of such additional Council as the City Government may from time to time think fit to provide.] [Repealed.]

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An Ordinance to repeal the third section of an ordinance entitled "An ordinance providing for the appointment and prescribing the duties of an Attorney and Solicitor for the City of Boston." [Passed April 22, 1833.]

[4] Be it ordained by the Mayor, Aldermen and Common Council of the City of Boston, in City Council assembled, That the third section of an ordinance entitled "An ordinance providing for the appointment and prescribing the duties of an Attorney and Solicitor for the City of Boston," be, and the same is hereby repealed.

CHAPTER V.

Auction.

ACT OF THE LEGISLATURE.

[1] Limitations and restric- ting infringements of on the tions in licenses-infringement | premises, liable to fine.

of, penalty for.

[2] Householders, permit

[3] Repealing clause.

An Act in addition to the several Acts, Regulating the sale o goods by public Auction. [Passed Feb. 21, 1820.]

[1] SEC. 1. Be it enacted by the Senate and House o Representatives, in General Court assembled, and by the au thority of the same, That in all licenses granted to any person to sell goods and chattels by public Auction or out cry, within the Town of Boston, in the County of Suffolk, it shall, and may be lawful for the Selectmen of the said Town of Boston, or the major part of them, granting such license, to annex thereto, such conditions, limitations and restrictions, respecting the place or places, in said town, at, and within which the person so licensed, shall and may be allowed and authorized to sell goods and chattels by public auction or out cry, as shall appear to them to be needful and expedient for the public welfare. See City Charter, (13.) And any person who shall sell any goods or chattels whatsoever, by public auction or out cry, at any place within the said Town of Boston, contrary to the conditions, limitations or restrictions, contained in, or annexed to such license, shall be liable and subject to the same penalties and forfeitures, to be prosecuted for and recovered in the same manner, as if such person had sold such goods or chattels, by auction or out cry, without any license whatever.

[2] SEC. 2. Be it further enacted, That the owner, tenant or occupant of any house or store, having the actual possession and control of the same, who shall allow or permit any person, licensed as aforesaid, to sell any goods or chattels by public auction or out cry, in his said house or store, or in any apartment or yard appurtenant to the same, contrary to the conditions, limitations or restrictions, annexed to the license of such person, shall be liable and subject to the same penalties and forfeitures, to be prosecuted for and recovered in the same

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manner, as if such owner, occupant or tenant, had knowingly allowed or permitted any unlicensed person, to sell any goods or chattels, by public auction, or out cry, in his said house and store, or in any apartment or yard appurtenant thereunto.

[3] SEC. 3. Be it further enacted, That the law of this Commonwealth, which was passed on the fifteenth day of June, in the year of our Lord one thousand eight hundred and fifteen, entitled "An Act, in addition to an Act entitled An Act to regulate the sale of goods at public vendue, and to repeal all laws heretofore made for that purpose, shall not apply or be enforced within the Town of Boston; and the same so far as it respects the said town, is hereby repealed.