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NOTES.

SECT. 1. There is no statute upon the subject of the city seal. The authority to establish a corporate seal is necessarily incident to the city as a municipal corporation. Dillon Mun. Corp. § 130.

SECT. 2. A seal does not, however, appear to be essential to the deed of a municipal corporation in this commonwealth. Inhabitants of Fourth School District in Rumford v. Wood, 13 Mass. 193, 199.

P. S., c. 205, § 26. St. 1881, c. 9, imposes a penalty for the unauthorized use of the seal of any city in the Commonwealth.

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SECTION 1. The city clerk shall have the care and custody of the city records and of all documents, maps, plans, and papers of the city, respecting the care and custody of which no other provision is made. He shall attend all meetings of the board of aldermen and all meetings of both branches of the city council, when met in convention, and he shall keep records of the proceedings at all such meetings.

Duties.

R. O. p. 25.

SECT. 2. The city clerk shall have allowed him as sub- Subordinates. ordinates:

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all of whom, except the assistant city clerk, shall be appointed by the city clerk solely, and all may be removed by him, but they shall be subject to all the provisions of statutes or ordinances affecting subordinates in other departments.

clerk, appoint.

ment.

SECT. 3. The city clerk shall annually, in January, ap- Assistant city point, subject to the approval of the mayor, the assistant city clerk, who shall be sworn to the faithful discharge of his R. O. p. 25. duties, and shall hold office for the remainder of the municipal year, and until his successor is appointed and duly qualified.

R. O. p. 25.

SECT. 4. The said assistant city clerk shall assist the city powers and clerk in the performance of the duties of his office, and he duties. shall discharge the duties of the city clerk when that officer is absent, and also when there is a vacancy in the office of city clerk. He may also act, in the absence of a city clerk, as clerk to the board of aldermen, at their request.

SECT. 5. The city clerk shall keep suitable records and City clerk to accounts of all fees received by him, and shall personally keep records of verify all charges made therein.

fees.

NOTES.

The city clerk is now elected by concurrent vote of the city council (St. 1885, c. 266, § 2) instead of in joint convention as formerly (§ 30 of city charter, St. 1854, c. 448). He is removable at the pleasure of the board of aldermen, the mayor thereto consenting. Section 30 of the city charter. As to the right to declare a ballot for city clerk void and proceed to another vote, see Baker v. Cushman, 127 Mass. 105.

For statute provisions relative to the duties of the city clerk, etc., see sections 30-32, 60, of the city charter.

Sections 3 and 4 of this chapter are specially authorized by P. S. c. 28, § 10.

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duties.

R. O. p. 26.

SECTION 1. There shall be elected annually, by concur- Election and rent vote of the two branches of the city council, a clerk of committees, who shall, when no other provision is made, act as the clerk of all committees, standing or special, of either branch or of both branches of the city council, and shall make proper records in books, kept for the purpose and furnished by the city, of all the proceedings and transactions of such committees; shall keep a calendar of all the meetings of such committees and notify the members of such meetings when requested so to do by the chairman or by a majority of the committee; and shall perform such other duties and services for the said committees as they may from time to time require.

of committees,

SECT. 2. Said clerk may, subject to the approval of the Assistant clerk city council, appoint an assistant, who shall perform such appointment and services, clerical or otherwise, as the said clerk or any of the duties. Extra committees aforesaid may direct, and who may be removed clerical assist at any time by the said clerk or by the city council. The R. O. p. 26. clerk of committees may also employ any other clerical assistance that may be needed, and for which an appropriation is made.

ance.

NOTES.

The office of clerk of committees is created by ordinance under the general power conferred by § 38 of the city charter. The city council can determine how the clerk of committees and his assistants shall be chosen and removed, as the manner of choosing them is excepted from the operation of St. 1885, e. 266, §§ 1 and 5, by § 2 of the same act. The clerk of committees is removable in the same manner in which he is appointed in the absence of special provision to the contrary. Murphy v. Webster, 131 Mass. 482, 488.

Mayor's subordinates.

R. O. p. 27.

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SECTION 1. There shall be allowed to the mayor, in the discharge of the duties of his office, the following subordinates:

One secretary,
One accountant,
One book-keeper,

One messenger.

NOTES.

The power of appointing and removing the subordinates in his office seems to be vested absolutely in the mayor, under St. 1885, c. 266, § 5.

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