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[13] SECT. 13. Be it further enacted, That the administration of police, together with the executive powers of the said corporation generally, together also with all the powers heretofore vested in the Selectmen of the town of Boston, either by the general laws of this Commonwealth, by particular laws relative to the powers and duties of said Selectmen, or by the usages, votes or by-laws of said town, shall be and hereby are vested in the Mayor and Aldermen, as hereby constituted, as fully and amply as if the same were herein specially enumerated. ["And further, the said Mayor and Aldermen shall have full and exclusive power to grant licenses to innholders, victuallers, retailers, and confectioners, within the said city, in all cases wherein the Court of Sessions for the county of Suffolk, on the recommendation of the Selectmen of Boston, have heretofore been authorized to grant such licenses; and in granting such licenses, it shall be lawful for the said Mayor and Aldermen to annex thereto such reasonable conditions in regard to time, places, and other circumstances, under which such license shall be acted upon, as in their judgment, the peace, quiet, and good order of the city may require. Also to take bonds of all persons so licensed, in reasonable sums, and with sufficient sureties, conditioned for a faithful compliance with the terms of their said licenses, and of all laws and regulations respecting such licensed houses: And said Mayor and Aldermen, after the granting of any such license, shall have power to revoke or suspend the same, if in their judgment the order and welfare of said city shall require it. And any person or persons who shall presume to exercise either of the said employments, within said city, without having first obtained a license therefor, or in any manner, contrary to the terms of said license, or after the same shall have been revoked or suspended, such person or persons shall be liable to the same penalties and forfeitures, and to be prosecuted for, in the same manner as now by law provided, in case of exercising either of said employments without license from the Court of Sessions, for the county of Suffolk; and shall also be taken and deemed to have forfeited their bonds, respectively given aforesaid, upon which suits may be instituted against such licensed persons or their sureties, at the discretion of the said Mayor and Aldermen, and in such manner as they may direct, for the purpose of enforcing such forfeiture: Provided, however, That all innholders, retailers, confectioners, and victuallers, shall, on being licensed as aforesaid, pay the same sum now required by law; which sum shall be accounted for in the same

way and manner as is now by law required.] [Repealed by a of March 24, 1832.]

[14] SECT. 14. Be it further enacted, That the Mayor an Aldermen shall have power to license all theatrical exhibition and all public shows, and all exhibitions of whatever name nature, to which admission is obtained on payment of mone on such terms and conditions as to them may seem just and re sonable; and to regulate the same, from time to time, in suc manner as to them may appear necessary to preserve orde and decorum, and to prevent the interruption of peace an quiet. And any person or persons who shall set forth, estal lish, or promote any such exhibition or show, or publish, advertise the same, or otherwise aid or assist therein, witho a license so obtained as aforesaid, or contrary to the terms conditions of such license, or whilst the same is suspended, after the same is revoked by said Mayor and Aldermen, sha be liable to such forfeiture, as the City Council may, by an by-law made for that purpose, prescribe.

[15] SECT. 15. Be it further enacted, That all other pow ers now by law vested in the town of Boston, or in the i haoitants thereof, as a municipal corporation, shall be, an hereby are vested in the Mayor and Aldermen, and Comm Council of the said city to be exercised by concurrent vot each board, as hereby constituted, having a negative upon th other. More especially they shall have power to make a such needful and salutary by-laws, as towns by the laws this Commonwealth have power to make and establish, and annex penalties, not exceeding twenty dollars, for the bread thereof, which by-laws shall take effect and be in force fro and after the time therein respectively limited, without th sanction or confirmation of any court, or other authority wha soever; Provided, That such by-laws shall not be repugna to the constitution and laws of this Commonwealth: provided also, That the same shall be liable to be annulled b the Legislature thereof. The said City Council shall als have power, from time to time, to lay and assess taxes for a purposes, for which towns are by law required or authorize to assess and grant money, and also for all purposes, for whic county taxes may be levied and assessed, whenever the cit shall alone compose one county: Provided, however, Th in the assessment and apportionment of all such taxes upo the polls and estates of all persons liable to contribute theret the same rules and regulations shall be observed as are no established by the laws of this Commonwealth, or may b hereafter enacted, relative to the assessment and apportion ment of town taxes. The said City Council shall also hav

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power to provide for the assessment and collection of such taxes, and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures to ensure a just and prompt account thereof; and for these purposes, may either elect such assessors, and assistant assessors, as may be needful, or provide for the appointment or election of the same, or any of them, by the Mayor and Aldermen, or by the citizens, as in their judgment may be most conducive to the public good, and may also require of all persons entrusted with the collection, custody, or disbursement of public moneys, such bonds with such conditions and such sureties, as the case may in their judgments require.

[16] SECT. 16. Be it further enacted, That the said City Council shall have power, and they are hereby authorized to provide for the appointment or election of all necessary officers, for the good government of said city, not otherwise provided for; to prescribe their duties, and fix their compensation, and to choose a Register of Deeds, whenever the city shall compose one county. The City Council also shall have the care and superintendence of the public buildings, and the care, custody, and management of all the property of the city, with power to lease or sell the same, (except the Common and Faneuil Hall,) with power also to purchase property, real or personal, in the name, and for the use of the city, whenever its interest or convenience may in their judgment, require it.

[17] SECT. 17. Be it further enacted, That all the power and authority now by law vested in the Board of Health for the town of Boston, relative to the quarantine of vessels, and relative to every other subject whatsoever, shall be, and the same is hereby transferred to, and vested in the said City Council, to be carried into execution by the appointment of Health Commissioners, or in such other manner as the health, cleanliness comfort, and order of the city may, in their judgment, require, subject to such alterations as the Legislature may from time to time adopt.

[18] SEC. 18. Be it further enacted, That the Mayor and Aldermen of said city, and the said Common Council shall as soon as conveniently may be, after their annual organization, meet together in convention, and elect some suitable and trustworthy person to be the Treasurer of said city.

[19] SECT. 19. Be it further enacted, That the citizens at their respective ward meetings, to be held on the second Monday of April,' [altered to December, see post 34,] annually, shall elect by ballot, ["a number of persons to be determined by the City Council, but not less than three in each ward, to be

Firewards of said city, who together shall constitute the bod of Firewards of said city, and shall have all the powers, and subject to all the duties, now by law appertaining to the Fi wards of the town of Boston, until the same shall be altered qualified by the Legislature."] [Power to choose firewar transferred to the Mayor and Aldermen, Act June 18, 1825 And the said citizens shall, at the same time and in like manne elect one person in each ward, to be an Overseer of the Poo and the persons thus chosen shall together constitute the Boa of Overseers for said city, and shall have all the powers and subject to all the duties, now by law appertaining to the Ove seers of the Poor for the town of Boston, until the same sha be altered or qualified by the Legislature. And the said ci zens shall, at the same time, and in like manner, elect or person in each ward, to be a member of the School Commi tee for the said city; and the person so chosen shall, joint with the Mayor and Aldermen, constitute the School Commi tee for said city, and have the care and superintendence of th public schools.

[20] SECT. 20. Be it further enacted, That all boards, an officers, acting under the authority of the said corporation, an entrusted with the expenditure of public money, shall be ad countable therefor to the City Council in such manner as the may direct. And it shall be the duty of the City Council publish and distribute, annually, for the information of the cit zens, a particular statement of the receipts and expenditures o all public moneys, and a particular statement of all city prop erty.

[21] SECT. 21. Be it further enacted, That in all cases i which appointments to office are directed to be made by th Mayor and Aldermen, the Mayor shall have the exclusiv power of nomination; such nomination, however, being subjec to be confirmed or rejected by the Board of Aldermen: Pro vided, however, That no person shall be eligible to any office the salary of which is payable out of the city treasury, who a the time of his appointment, shall be a member either of the Board of Aldermen or Common Council.

[22] SECT. 22. Be it further enacted, That it shall be the duty of the two branches of the City Council, in the month o "May,' [altered to October, see post 43,] in each year, after their annual organization, to meet in convention, and determine the number of Representatives, which it may be expedient for the corporation to send to the General Court in such year, within its constitutional limits, and to publish such determination, which shall be conclusive; and the number thus determined shall be specified in the warrant calling a meeting for

the election of representatives; and neither the Mayor, nor any Alderman, or members of the Common Council, shall, at the same time, hold any other office under the city govern

ment.

[23] SECT. 23. Be it further enacted, That all elections for Governor, Lieutenant Governor, Senators, Representatives, Representatives to Congress, and all other officers, who are to be chosen and voted for by the people, shall be held at meetings of the citizens qualified to vote in such elections, in their respective wards, at the time fixed by law for those elections respectively. And at such meetings, all the votes given in, being collected, sorted, counted, and declared by the inspectors of elections, in each ward, it shall be the duty of the Clerk of such ward to make a true record of the same, specifying therein the whole number of ballots given in, the name of each person voted for, and the number of votes for each, expressed in words at length. And a transcript of such record, certified by the Warden, Clerk, and a majority of the Inspectors of elections in such ward, shall forthwith be transmitted or delivered by each ward clerk to the clerk of the City. And it shall be the duty of the City Clerk forthwith to enter such returns, or a plain and intelligible abstract of them, as they are successively received in the journals of the proceedings of the Mayor and Alderinen, or in some other book kept for that purpose. And it shall be the duty of the Mayor and Aldermen to meet together within two days after every such election, and examine and compare all the said returns, and thereupon to make out a certificate of the result of such election, to be signed by the Mayor and a majority of the Aldermen, and also by the City Clerk, which shall be transmitted, delivered, or returned, in the same manner as similar returns are by law directed to be made by the Selectmen of towns; and such certificates and returns shall have the same force and effect in all respects, as like returns of similar elections made by the Selectmen of towns. And in all elections for representatives to the General Court, in case the 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: Provided, however, That it shall be the duty of the Selectmen of the said town of Boston, within twelve days from the passing of this Act, to call a meeting of the qualified voters of the said town to give in their ballots on the following question :-Shall the elections for State and United States officers be holden in general meeting? And it shall be