Places for

holding courts

the mayor and aldermen of the city of Boston, to provide conveto be provided. nient and proper places for the holding of the courts by this

Act established.

SECT. 16. Be it further enacted, That this Act shall go into Acts repealed. operation on and after the first day of June next; and that all Acts and parts of Acts, which are repugnant to the provisions of this Act, be, and the same are hereby repealed.

Conditional clause.

1821 ch. 110.

Chap. 110.

City, and its rights, powers,

&c.

City officers.

into 12 wards.

SECT. 17. Be it further enacted, That this Act shall be of no force or effect, unless a certain Act passed at the present session, entitled "An Act establishing the City of Boston," shall be accepted by the inhabitants of the town of Boston, pursuant to the provision therein made. And in case said Act shall be so accepted, and that fact certified to his Excellency the Governor, by the selectmen of the town of Boston, his Excellency is hereby authorized to announce the same by proclamation; whereupon this Act shall be in full force, and go into operation at the time herein before limited. [Feb. 23, 1822.] Add.

act-1822 ch. 12.

An ACT establishing the City of Boston.

SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the inhabitants of the town of Boston, for all purposes, for which towns are by law incorporated, in this Commonwealth, shall continue to be one body politic, in fact and in name, under the style and denomination of the City of Boston, and as such, shall have, exercise, and enjoy, all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations, now incumbent upon, and appertaining to said town, as a municipal corporation. And the administration of all the fiscal, prudential, and municipal concerns of said city, with the conduct and government thereof, shall be 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, shall be denominated the city council, together with such other board of officers, as are herein after specified.

SECT. 2. Be it further enacted, That it shall be the duty of To be divided the selectmen of Boston, as soon as may be, after the passing of this Act, to cause a new division of the said 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 may be, consistently with well defined limits to each ward; 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. And it shall be in the power of the city council, herein after mentioned, from time to time, not oftener than once in ten years, to alter such divisions of wards, in such a manner as to preserve, as nearly as may be, an equal number of inhabitants in each ward.

Election of

city officers.

SECT. 3. Be it further enacted, That on the second Monday of April, annually, the citizens of said city, qualified to vote in city affairs, shall meet together, within their respective wards, at such time and place, as the mayor and aldermen may, by their warrant, direct and appoint; and the said citizens shall then choose by ballot one warden and one clerk, who shall be resident in said ward, who shall hold their offices for one year, and until others shall be appointed in their stead. And it shall be the duty of such warden to preside at all meetings of the Duty of warcitizens of such ward, to preserve order therein; and it shall den and clerk. be the duty of such clerk to make a fair and true record, and keep an exact journal of all the acts and votes of the citizens, at such 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 such office. And if, at the opening of any annual meeting, the warden of such ward should not be present, the clerk of such ward shall call the citizens to order, and preside at such meeting until a warden shall be chosen by ballot. And if, at any other meeting, the warden shall be absent, the clerk, in such case, shall so pre- elections. Inspectors of side, until a moderator or warden, pro tempore, shall be chosen; which may be done by nomination and hand vote, if the clerk so direct. At such meeting also, five inspectors of elections shall be chosen for such ward, being residents therein, by ballot, to hold their offices for one year. And 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, Duties of inshall respectively be under oath, faithfully and impartially to spectors. 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 oaths having been administered shall be entered in the record or journal, to be kept by the clerk of such ward.

SECT. 4. Be it further enacted, That the warden, or other Powers of warpresiding officer of such ward meeting, shall have full power den. and authority to preserve order and decorum therein, and to repress all riotous, tumultuous, and disorderly conduct therein, and for that purpose, to call to his aid, any constable, or other peace officer, and also to command the aid and assistance of any citizen or citizens, who may be present; and any peace officer, or other citizen, neglecting or refusing to afford such aid, shall be taken and deemed to be guilty of a misdemeanor. And such warden shall also have power and authority, by warrant, under his hand, to cause any person or persons, who shall be guilty of any riotous, tumultuous, or disorderly conduct at such meeting, to be taken into custody, and restrained: Provided however, That such restraint shall not continue after the adjournment or dissolution of such meeting: And pro- Provisos vided further, That the person, so guilty of such disorderly conduct, shall be liable, notwithstanding such restraint, to be

Choice of mayor.

Returns of

votes.

Examination of votes.

Provision for

new meeting in tion is made at

case no elec

the first.

Provision in case of the death, ab

sence, &c. of

the mayor.

Board of aldermen to be chosen annually.

prosecuted and punished, in the same manner, as if such arrest had not been made.

SECT. 5. Be it further enacted, That the citizens of said city, qualified to vote in city affairs, at their respective ward meetings, to be held on the second Monday in April, annually, shall be called upon to give in their votes for one able and discreet person, being an inhabitant of the city, to be mayor of said city, for the term of one year. And all the votes so given in, in each ward, being sorted, counted, and declared by the warden and inspectors of elections, shall be recorded at large, by the clerk, in open ward meeting; and in making such declaration and record, the whole number of votes or ballots, given in, shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each person respectively; such numbers to be expressed in words at length; and a transcript of such record, certified and authenticated by the warden, clerk, and a majority of the inspectors of elections for each ward, shall forthwith be transmitted or delivered by such 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, upon the journal of the proceedings of the mayor and aldermen, or some other book to be kept for that purpose. And it shall be the duty of the mayor and aldermen to meet together, within two days after such election, and to examine and compare all the said returns, and to ascertain whether any person has a majority of all the votes given for mayor: And in case a majority is so given, it shall be their duty to give notice thereof, in writing, to the person thus elected, and also to make the same known to the inhabitants of said city. But if, on such an examination, no person appears to have a majority of all the votes given for mayor, the mayor and aldermen, for the time being, shall issue their warrants for meetings of the respective wards, for the choice of a mayor, at such time and place, as they shall judge most convenient: And the same proceeding shall be had in all respects, as are herein before directed, until a mayor shall be chosen by a majority of all the voters, voting at such election. And in case of the decease, inability, or absence of the mayor, and the same being declared, and a vote passsd by the aldermen and common council, respectively, declaring such cause, and the expediency of electing a mayor, for the time being, to supply the vacancy thus occasioned, it shall be lawful for the aldermen and common council to meet in convention, and elect a mayor to hold the said office until such occasion shall be removed, or until a new election.

SECT. 6. Be it further enacted, That the citizens in their respective ward meetings, to be held on the second Monday of April, annually, shall be called upon to give in their votes for eight persons, being inhabitants of said city, to constitute the board of aldermen, for the ensuing year; and all the votes so given, being sorted, counted, and declared by the warden and inspectors, shall be recorded at large, by the clerk, in open

ward meeting; and in making such declaration and record, the whole number of votes or ballots given in shall be particularly stated, together with the name of every person voted for, and the number of votes given for each person; and a transcript of such record, certified by the warden and clerk, and a majority of the inspectors of each ward, shall, by the said clerk, within two days, be transmitted to the city clerk; whereupon the same proceedings shall be had, to ascertain and determine the persons chosen as aldermen, as are herein before directed in regard to the choice of mayor, and for a new election, in case of the whole number required not being chosen at the first election. And each alderman, so chosen, shall be duly notified in writing of his election, by the mayor and aldermen for the time being.

SECT. 7. Be it further enacted, That the citizens of each ward, qualified to vote as aforesaid, at their respective ward

meetings, to be held on the second Monday of April, annually, Common coushall be called upon to give in their votes for four able and cil to be electdiscreet men, being inhabitants of said ward, to be members of ed annually. the common council: and all the votes given in as aforesaid, in each ward, and being sorted, counted, and declared by the warden and inspectors, if it appear that four persons have a majority of all the votes given at such election, a public declaration thereof, with the names of the persons so chosen, shall be made in open ward meeting, and the same shall be entered at large, by the clerk of such ward, in his journal, stating particularly the whole number of votes given in, the number necessary to make a choice, and the number actually given for each of the persons, so declared to be chosen. But, in case four persons are not chosen at the first ballot, a new ballot shall be opened for a number of common councilmen, sufficient to complete the number of four; and the same proceedings shall be had, as before directed, until the number of four shall be duly chosen: Provided however, That if the Proviso for adsaid elections cannot conveniently be completed on such day, journment of the same may be adjourned to another day, for that purpose, not longer distant than three days. And each of the persons so chosen as a member of the common council, in each ward, shall, within two days of his election, be furnished with a certificate thereof, signed by the warden, clerk, and a majority of the inspectors of such ward; which certificate shall be presumptive evidence of the title of such person to a seat in the common council; but such council, however, shall have authority to decide ultimately upon all questions relative to the qualifications, elections and returns of its members.

meeting.

SECT. 8. Be it further enacted, That every male citizen of twenty-one years of age and upwards, excepting paupers, and Qualification persons under guardianship, who shall have resided within the of electors. Commonwealth one year, and within the city six months next preceding any meeting of citizens, either in wards, or in general meeting, for municipal purposes, and who shall have paid by himself or his parent, master or guardian, any state or county tax, which, within two years next preceding such meeting, shall

Officers to enter on their du

ties on 1st of

May.

have been assessed upon him, in any town or district in this Commonwealth, and also every citizen who shall be, by law, exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote at such meeting, and no other person shall be entitled to vote at such meeting.

SECT. 9. Be it further enacted, That the mayor, aldermen, and common councilmen, chosen as aforesaid, shall enter on the duties of their respective offices on the first day of May, in each year, unless the same happen on a Sunday; and in that event, on the day following; and before entering on the du ties of their offices, shall respectively be sworn, by taking the oath of allegiance and oath of office, prescribed in the constiOath of office. tution of this Commonwealth, and an oath to support the constitution of the United States. And such oaths may be administered to the mayor elect, by any one of the justices of the Supreme Judicial Court, or any judge of any court of record, commissioned to hold any such court, within the said city, or by any Justice of the Peace for the county of Suffolk. And such oaths shall and may be administered to the aldermen and members of the common council, by the mayor, being himself first sworn as aforesaid; and a certificate of such oaths having been taken, shall be entered in the journal of the mayor and aldermen, and of the common council, respectively, by their respective clerks.

Mayor and aldermen to act

as one body.

ers.

SECT. 10. Be it further enacted, That the mayor and aldermen, thus chosen and qualified, shall compose one board, and shall sit and act together as one body, at all meetings, of which the mayor, if present, shall preside; but in his absence, the board may elect a chairman, for the time being. The said board, together with the common council, in convention, shall General pow- have power to choose a clerk, who shall be sworn to the faithful discharge of the duties of his office, who shall be chosen for the term of one year, and until another person is duly chosen to succeed him; removable, however, at the pleasure of the mayor and aldermen; who shall be denominated the clerk of the city, and whose duty it shall be to keep a journal of the acts and proceedings of the said board, composed of the mayor and aldermen; to sign all warrants issued by them, and to do such other acts in his said capacity, as may, lawfully and reasonably, be required of him; and to deliver over all journals, books, papers and documents, entrusted to him as such clerk, to his successor in office, immediately upon such successor being chosen and qualified as aforesaid, or whenever he may be thereto required by the said mayor and aldermen. And the Duties of clerk. City clerk thus chosen and qualified, shall have all the powers, and perform all the duties, now by law, belonging to the town clerk of the town of Boston, as if the same were particularly and fully enumerated, except in cases where it is otherwise expressly provided.

Common coun

SECT. 11. Be it further enacted, That the persons, so chocil to act as a sen and qualified, as members of the common council of the separate body. said city, shall sit and act together as a separate body, distinct