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On page 22, in the margin, for "R. S. 16," read "R. S. 15."
On page 75, in the 22d line, strike out the second "not."
On page 93, in the note, add a reference to Rev. Stat. c. 141, §§ 6, 7, 8.
On page 172, in the 3d, 14th, and 20th lines of the margin, for "Ibid,” in each case, read "1847, 234."
On page 276, in the 3d line of the note, for "Dorr," read "Dow."
On page 301, in the 2d line of the note, for 1835, read 1838.
On page 341, in the 21st line of the margin, for "R. S. § 20,” read "R. S. 23, § 20"; and, in the 27th line of the margin, for “§ 20,” read "§ 21."
On page 366, second column, 2d line, for "assistants," read an assistant."
CITY CHARTER AND AMENDMENTS.
1. Corporate name and general | 12. Death or resignation of alder
powers. Power to amend the
2. City council and other city
3. Division into twelve wards. Each ward to include an equal number of voters.
4. Annual municipal election. Warden and clerk. Absence 15. of warden or other officers. Inspectors. Warden, clerk, and 16. inspectors to be under oath.
5. Power of warden to preserve order. Provisos.
11. Election of aldermen.
6. Election of mayor. No choice.
7. Proceedings in case of no choice
8. Refusal of mayor elect to ac- 20.
10. Who is to discharge the duties
when no mayor is elected.
Vacancy in board of aldermen, common council, or other off
Election of common council. No choice. Adjournment. Certificate of election. Council shall decide questions of elections, &c.
Qualifications of voters at municipal elections.
Commencement of municipal year. Oath of office. 17. Mayor and aldermen to compose one board. City clerk. His powers and duties. Common council a separate body. President. Clerk. Sittings to be public. Quorum. Compensation of the mayor. His powers and duties.
Powers and duties of mayor and aldermen.
May license theatrical exhibitions, &c.
May be chosen surveyors of highways.
May have the powers of county commissioners, except, &c. Powers of city council. Bylaws. Provisos. Assessment of
taxes. Proviso. Collection of 32.
26. Board of health. City treas- 34. Mayor and aldermen to make
lists of voters prior to every election. Inspectors to allow no one to vote whose name is not on the list.
Duties of ward officers at all elections.
General meetings of the citizens. Warrants for meetings to be issued by mayor and aldermen. City of Boston to have all the powers, &c., conferred by charter, &c.
27. Overseers of the poor.
28. School committee.
29. Accountability of all boards
and officers for public money. 35.
City officers held to discharge their duties notwithstanding removal into other wards. Elections of national and state officers. Examination and return of votes. Certificate. Proceedings in case representatives are not chosen.
I. By an act of the legislature of Massachusetts, passed on the twenty-third day of February, eighteen hundred and twenty-two, it was provided that the inhabitants of the town of Boston for all purposes, for which towns were by law incorporated in this commonwealth, should continue to be one body politic, in fact and in name, under the style and denomination of the City of Boston, and as such should have, exercise and enjoy, all the rights, immunities, powers and privileges, and should be subject to all the duties and obligations, then incumbent upon and apper
Power to amend taining to said town, as a municipal corporation. The legis
the charter. Ibid, § 30.
lature reserved the right to amend or alter this act whenever they might deem it expedient; and it was to be void
To be adopted by unless the inhabitants of the town at a legal meeting should
determine to adopt the same within twelve days. It was adopted on the fourth day of March in the same year, and the town immediately became a city.
1 The act establishing the city of Boston was passed February 23, 1822, but is to be found and is properly cited as the stat. of 1821, ch. 110. For the act as originally adopted, and some of the principal acts of amendment, see the appendix to this volume.
other city offi1821, 110, § 1.
II. The administration of all the fiscal, prudential, and City council and municipal concerns of the city, with the conduct and govern- eers ment thereof, is vested in one principal officer, to be styled the mayor, one select council, consisting of eight persons, to be denominated the board of aldermen, and one more numerous council to consist of forty-eight persons, to be denominated the common council; which boards in their joint capacity are denominated the city council-together with such other board of officers as are hereinafter specified.
III. By the second section of the city charter it was Division into made the duty of the selectmen of Boston, as soon as might 1821, 110, $2. be after the passing of the act, to cause a new division of the town to be made into twelve wards, in such manner as to include an equal number of inhabitants in each ward, as nearly as conveniently might be, consistently with well defined limits; including, in such computation of numbers of inhabitants, persons of all descriptions, and taking the last census, made under the authority of the United States, as a basis for such computation. Power was given to the city council, from time to time, not oftener than once in ten years, to alter such divisions of wards, in such manner as to preserve, as nearly as might be, an equal number of Each ward to ininhabitants in each ward. This last provision has recently number of been amended, to the effect, that the division of the city 1850, 167, $ 1. (Adopted by city into wards is to be so made as to include an equal number council, April of legal voters in each ward.
clude an equal
29, 1850. City Records, vol. 28, p. 160.)
18 4, 49, 1.
inhabitants, Feb. Records, vol. 10,
IV. On the second Monday of December annually, the Annual Municicitizens qualified to vote in city affairs are required to meet 18, 110, within their respective wards, at such time and place as (Adopted by the the mayor and aldermen may by their warrant direct and 25, 825. Boston appoint; and the said citizens shall then choose by ballot p. 505.) one warden and one clerk, who shall be resident in said Warden and ward, who shall hold their offices for one year, and until others are appointed in their stead. It shall be the duty of the warden to preside at all meetings of the citizens of the ward and to preserve order therein. It shall be the duty of the clerk to make a fair and true record, and keep
an exact journal of all the acts and votes of the citizens, at the ward meetings; to deliver over such records and journals, together with all other documents and papers held by him, in his said capacity, to his successor in office. In case den or other of of the absence of the warden at the opening of any annual
Absence of war
meeting it shall be the duty of the clerk to call the citizens. to order and preside until a warden is chosen by ballot. 1 If at any other meeting the warden be absent, the clerk is to preside until a moderator or warden pro tempore shall be chosen, which may be done by nomination and hand vote if the clerk so direct. The act of 1845, ch. 217, § 3, provides, however, that in case of the absence of any or cords, vol. 23, p. either of the ward officers, at any meeting for elections, or
1845, 217, § 3.
council, Oct. 6,
1845. City Re
other purposes, such office may be filled, pro tempore, by the legal voters present, which may be done by nomination and hand votes, if the voters present so determine. At the same meeting five inspectors of elections are to be chosen for the ward, being residents therein, by ballot, to hold their offices for one year. It shall be the duty of the warden and inspectors in each ward, to receive, sort, count and declare all votes, at all elections within such ward. And the warden, clerk, and inspectors, so chosen, shall
Warden, clerk and
to be under oath, respectively be under oath, faithfully and impartially to
discharge their several duties, relative to all elections; which oath may be administered, by the clerk of such ward, to the warden, and by the latter to the clerk and inspectors, or by any justice of the peace of the county of Suffolk; and a certificate of such oath's having been administered shall be entered in the record or journal, to be kept by the clerk of such ward.
Power of warden to preserve order. 1821, 110, § 4.
V. The warden, or other presiding officer of a ward meeting, shall have full power and authority to preserve order and decorum therein, and to repress all riotous, tumultuous, and disorderly conduct therein, and for that purpose to call
1 This was the original provision in the charter, but the fair inference from the act of 1845, ch. 217, § 3, which is incorporated in the text, is, that any ward office in case of absence may be filled pro tempore, by nomination and hand vote, if the voters present so determine.