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certificates and returns shall have the same force and effect in all respects, as like returns of similar elections made by Separate lists of the selectmen of towns. At the election of governor, lieutenant governor, and senators, it shall be the duty of the the secretary or mayor and aldermen to make and seal up separate lists of

votes for governor, &c. to be transmitted to


R. S. 5, § 1.

Mayor and alder-
men to make
lists of voters
prior to every
1821, 110, § 24.
R. S. 3.

persons voted for as governor, lieutenant governor, and senators of the commonwealth, with the number of votes for each person, written in words at length against his name, and to transmit said lists to the secretary of the common

Votes for elect- wealth or to the sheriffs of their respective counties. The

mayor and aldermen shall, within three days next after the

ors of president, &c., how and when to be transmitted to the secretary.

1814, 167, § 1.

day of any election of electors of president and vice president of the United States, held by virtue of the laws of this commonwealth, or of the United States, deliver, or cause to be delivered the lists of votes therefor, sealed up, to the sheriff of the county, and the said sheriff shall within four days after receiving said lists, transmit the same to the office of the secretary of the commonwealth, or the said mayor and aldermen may, and when the office of sheriff is vacant, he or they shall themselves transmit the said lists to the said office within seven days after the election, and Proceedings in all votes not so transmitted shall be rejected. In all eleccase representations for representatives to the general court, in case the

tives chosen.

whole number proposed to be elected shall not be chosen. by a majority of the votes legally returned, the mayor and aldermen shall forthwith issue their warrant for a new election, and the same proceedings shall be had in all respects as are herein before directed, until the whole number shall be elected. 1

XXXIV. Prior to every election of city officers, or of any officer or officers under the government of the United States or of this commonwealth, it shall be the duty of said and aldermen to make out lists of all the citizens of mayor

1 This section of the city charter contains also a provision for taking the sense of the town upon the question, whether the election for State and United States officers should be holden in general meeting; which question was decided by the inhabitants in the negative, at a meeting held Monday, March 4, 1822. See Boston Records, vol. 10, p. 457.

each ward, qualified to vote in such election, in the manner in which selectmen and assessors of towns are required to make out similar lists of voters, and for that purpose they shall have free access to the assessors' books and lists, and be entitled to the aid and assistance of all assessors, assistant assessors, and other officers of said city. And it shall be the duty of said mayor and aldermen to deliver such list of the voters in each ward, so prepared and corrected, to the clerk of said ward, to be used by the warden and inspectors thereof at such election; and no person shall be entitled to vote at such election, whose name is not borne on such list. And to prevent all frauds and mistakes in such elections, it shall be the duty of the inspectors, in each Inspectors to alward, to take care that no person shall vote at such elec- vote whose tion, whose name is not so borne on the list of voters, and the list. to cause a mark to be placed against the name of each voter on such list, at the time of giving in his vote.

low no one to name is not on

officers at all 217, 3.

XXXV. It shall be the duty of all ward officers Duties of ward authorized to preside and act at elections of city officers to elections. attend and perform their respective duties, at the times (Adopted by city and places appointed for elections of any officers, whether Records, vol. 23, of the United States, state, city, or wards, and to make P. 406.) and sign the regular returns of the same.


ings of the citi


XXXVI. General meetings of the citizens, qualified to General meetvote in city affairs, may from time to time be held to consult upon the common good, to give instructions to their 1821, 110, § 25. representatives, and to take all lawful measures to obtain a redress of any grievances, according to the right secured to the people by the constitution of this commonwealth. And such meetings shall and may be duly warned by the mayor and aldermen, upon the requisition of fifty qualified voters of said city.

to be

XXXVII. All warrants for the meetings of the citi- Warrants for zens, for municipal purposes to be had either in general issued by mayor meetings or in wards, shall be issued by the mayor and 1821, 110, $ 26. aldermen, and shall be in such form, and shall be served,

and aldermen.

City of Boston to have all the powers, &c. con


ferred by charR. S. 16, $86.

executed, and returned at such time, and in such manner, as the city council may, by any by-law, direct and appoint.

XXXVIII. The city of Boston shall continue to have and exercise all the powers and privileges, and be subject to all the duties and liabilities, mentioned in the act establishing said city of Boston, and in the several acts specially relating to said city.


An Ordinance to establish the City Seal.

Ordinance to es

Be it ordained by the Mayor, Aldermen and Common tablish the city Council of the City of Boston, in City Council assembled,

seal. Passed

Jan. 2, 1823.

That the design hereto annexed, as sketched by John R. Penniman, giving a view of the city, be the device of the city seal; that the motto be as follows, to wit: "Sicut patribus, sit Deus nobis ;" and that the inscription be as follows, to wit: "Bostonia condita, A. D. 1630. Civitatis regimine donata, A. D. 1822."







1. Actions, &c., against the city of Boston, where they may be brought.

2. Actions, &c., by the city of Boston, where they may be brought, and when and to what counties they may be removed.

3. Such suits, how removed, entered, &c.

4. How conducted.

5. Inhabitants of Boston, not dis-
qualified by interest from act-
ing as jurors, &c.

6. Mayor and aldermen may au
thorize any person to enter in-
to recognizance.

7. In prosecutions, it shall be suf-
ficient to set forth the offence,
without setting forth the spe-
cial act, by-law, ordinance, or
any part thereof.

against the city

they may be

R. S. Act of amendment, 13.

the of Bos

1. All actions, suits and prosecutions against the city Actions, &c., of Boston, may be brought in the county where the plaintiff of Boston where lives, or in either of the counties of Suffolk, Essex, Middle- brought. sex or Norfolk. 2. All actions, suits and prosecutions by the city of Actions, &c., by Boston, or by any officer for the use of the said city, may ton, where they be brought in either of the four counties mentioned in the and when and to preceding section; but any such action, suit or prosecution, they may be reif brought in the county of Suffolk, may be removed to one bid. of the said other counties, in the manner provided in the following section.


what counties


removed, enter


3. The defendant or tenant, at the term at which his such suits, how appearance is entered, may file a motion in writing for the ed, &c. removal of the suit to some other county, and the court shall thereupon order it to be removed to such one of the said other three counties as the attorney of the city of Boston shall elect, to be there heard and determined in any court proper to try the same; and the attorney of the said city shall enter the same accordingly, in the court so designated, at the next term thereof, and shall file therein certified copies of the writ or other process, and of the order

of removal.


4. The court to which the suit is so removed shall How conducted. have jurisdiction thereof, and all the proceedings therein shall be conducted in like manner as if the suit had been originally commenced in that county.

Inhabitants of
Boston not dis-

5. No person shall be disqualified from acting as a

qualified by in- magistrate, juror, appraiser, or officer of any kind, in any


ing as jurors, &c. suit or process in which the city of Boston is interested, by


reason of any interest that he may have as an inhabitant of the said city.

Mayor and alder

6. When any city shall be required to enter into a re

men may author

ise any person to cognizance, the mayor and aldermen may, by an order or

enter into recog-
Ibid, § 4.

vote authorise any person to enter into the recognizance

in the name and behalf of the city, and such recognizance shall be binding on the city, and on the inhabitants thereof, like any other contract lawfully made by such city.

In prosecutions, it shall be suffi

7. In all prosecutions by complaint before the police cient to set forth Court for the city of Boston, founded on the special acts of without setting the legislature, the by-laws of the town of Boston, or the


forth the special

act, by-law, or ordinances or the by-laws of the city of Boston, it shall be

dinance, or any
part thereof.
1824, 28, § 5.

sufficient to set forth, in such complaint, the offence fully
and plainly, substantially and formally; and in such com-
plaint it shall not be necessary to set forth such special act,
by-law, ordinance or any part thereof.

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