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from that of the mayor and aldermen, except in those cases in which the two bodies are to meet in convention; and the said council shall have power, from time to time, to choose one of their General own members to preside over their deliberations, and to preserve order therein, and also to choose a clerk, who shall be under oath faithfully to discharge the duties of his office, who Clerk to be shall hold such office, during the pleasure of said council, and chosen. whose duty it shall be to attend said council, when the same is in session, to keep a journal of its acts, votes and proceedings, and to perform such other services in said capacity, as His dury. said council may require. All sittings of the common council shall be public; also all sittings of the mayor and aldermen, when they are not engaged in executive business. Twenty-five members of the common council shall constitute a quorum for the transaction of business.

Sect. 12. Be it further enacted, That the mayor of the said city, thus chosen and qualified, shall be taken and deemed to be the chief executive officer of said corporation ; and he shall Compensation

of the mayor. be compensated for his services by a salary, to be fixed by the board of aldermen and common council, in city council convened, payable at stated periods; which salary shall not exceed the sum of five thousand dollars annually, and he shall receive no other compensation or emoluments whatever ; and no regulations enlarging or diminishing such compensation shall be made, to take effect until the expiration of the year, for which the mayor then in office shall have been elected. And it shall be the duty of the mayor to be vigilant and active at all times, His dutyin causing the laws for the government of said city to be duly executed and put in force ; to inspect the conduct of all subordinate officers in the government thereof, and, as far as in his power, to cause all negligence, carelessness, and positive violation of duty, to be duly prosecuted and punished. He shall have power, whenever, in his judgment, the good of said city may require it, to summon meetings of the board of aldermen meetings of the

city officers. and common council

, or either of them, although the meeting of said boards, or either of them, may stand adjourned to a more distant day. And it shall be the duty of the mayor, from time to time, to communicate to both branches of the city council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, and ornament of the said city:

Sect. 13. Be it further enacted, That the administration of police, together with the executive powers of the said cor- Powers of poration generally, together also with all the powers hereto- mayor and alfore 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 To grant lihave full and exclusive power to grant licenses to innholders, censes. victuallers, retailers and confectioners, within the said city, in

may call

cense.

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 and take bonds from

persons so licensed, in reasonable sums, and with sufficient persons licens- sureties, conditioned for a faithful compliance with the terms ed.

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 Forfeiture for shall presume to exercise either of the said employments, withacting as a taverner, &c. in said city, without having first obtained a license therefor, or without li

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 employment 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.

Sect. 14. Be it further enacted, That the mayor and alderMayor and aldermen may

men shall have power to license all theatrical exhibitions and license theat- all public shows, and all exhibitions of whatever name or nations, &c. and ture, to which admission is obtained on payment of money, on regulate them. such terms and conditions as to them may seem just and rea

sonable ; and to regulate the same, from time to time, in such manner as to them may appear necessary to preserve order and decorum, and to prevent the interruption of peace and quiet. And any person or persons who shall set forth, establish or promote any such exhibition or show, or publish, or advertise the same, or otherwise aid or assist therein, without a license so obtained as aforesaid, or contrary to the terms or conditions of such license, or whilst the same is suspended, or after the same is revoked by said mayor and aldermen, shall be liable to such forfeiture, as the city council may, by any by-law made for that purpose, prescribe.

Sect. 15. Be it further enacted, That all other powers now by law vested in the town of Boston, or in the inhabitants thereof, as a municipal corporation, shall be, and hereby are vested in the mayor and aldermen, and common council of the

Assessment of taxes.

Proviso.

Collection of taxes.

said city, to be exercised by concurrent vote, each board as
hereby constituted, having a negative upon the other. More
especially, they shall have power to make all such needful and By-laws.
salutary by-laws, as towns by the laws of this Commonwealth
have power to make and establish, and to annex penalties, not
exceeding twenty dollars, for the breach thereof, which by-
laws shall take effect and be in force from and after the times
therein respectively limited, without the sanction or contirma-
tion of any court, or other authority whatsoever : Provided,

Provisos. That such by-laws shall not be repugnant to the constitution and laws of this Commonwealth : And provided also, That the same shall be liable to be annulled by the Legislature thereof. The said city council shall also have power, from time to time, to lay and assess taxes for all purposes, for which towns are by law required or authorized to assess and grant money, and also for all purposes, for which county taxes may be levied and assessed, whenever the city shall alone compose one county : Provided however, That in the assessment and apportionment of all such taxes upon the polls and estates of all persons liable to contribute thereto, the same rules and regulations shall be observed, as are now established by the laws of this Commonwealth, or may be hereafter enacted, relative to the assessment and apportionment of town taxes. The said city council shall also have power to provide for the assessment and collection of such taxes, and to make appropriations of all public monies, 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 Assessors to be election of the same, or any of them, by the mayor and alder- chosen. men, 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 monies, such bonds with such conditions and such sureties, as the case may in their judgments require.

Sect. 16. Be it further enacted, That the said city council City council shall have power, and they are hereby authorized to provide may appoint

all necessary for the appointment or election of all necessary officers, for the

city officers. 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

-and superinof the public buildings, and the care, custody, and management tend public of all the property of the city, with power to lease or sell the buildings. 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.

Sect. 17. Be it further enacted, That all the power and au- Powers of thority now by law, vested in the board of health for the town board of health of Boston, relative to the quarantine of vessels, and relative to transferred

to city council. every other subject whatsoever, shall be, and the same is here

Overseers of

the poor.

by transferred to, and vested in the said city council, to be carried into execution by the appointment of health conmissioners, or in such other manner as the health, cleanliness, comfort and order of the said city may in their judgment require, subject to such alterations as the Legislature may from time to time adopt.

Sect. 18. Be it further enacted, That the mayor and alderCity treasurer

men of said city, and the said common council shall, as soon to be chosen.

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.

Sect. 19. Be it further enacted, 'Ï'hat the citizens, at their

respective ward meetings, to be held on the second Monday of Firewards.

April

, annually, shall elect, by ballot, a number of persons, lo 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 board of firewards for said city, and shall have all the powers, and be subject to all the duties, now by law appertaining to the firewards of the town of Boston, until the same shall be altered or qualified by the Legislature. And the said citizens shall, at the same time, and in like manner, elect one person in each ward, to be an overseer of the poor; and the persons thus chosen shall together constituie the board of overseers for said city, and shall have all the powers, and be subject to all the duties, now by law appertaining to the overseers of the poor for the town of Boston, until the same shall be al.

tered or qualified by the Legislature. And the said citizens School com shall, at the same time, and in like manner, elect one person in

each ward, to be a member of the school committee, for the said city; and the persons so chosen shall, jointly with the mayor and aldermen, constitute the school committee for the said city, and have the care and superintendence of the public schools.

Sect. 20. Be it further enacted, That all boards and officers, Expenditure of public money acting under the authority of the said corporation, and entrustto be account- ed with the expenditure of public money, shall be accountable ed for to city council.

therefor to the city council, in such manner as they may direct. And it shall be the duty of the city council to publish and distribute, annually, for the information of the citizens, a particular statement of the receipts and expenditures of all public monies, and a particular statement of all city property.

Sect. 21. Be it further enacted, That in all cases in which Mayor to no. minate oficers appointments to office are directed to be made by the mayor

and aldermen, the mayor shall have the exclusive power of nomination ; such nomination, however, being subject to be confirmed or rejected by the board of aldermen: Provided

however, That no person shall be eligible to any office, the saProviso.

lary of which is payable out of the city treasury, who at the time of his appointment, shall be a member either of the board of aldermen or common council.

SECT. 22. Be it further enacted, That it shall be the duty of the two branches of the city council, in the month of May. in each year, after their annual organization, to meet in con

mittee.

vention, and determine the number of representatives, which it City council may be expedient for the corporation to send to the General to fix the numCourt in such year, within its constitutional limits, and to pub- sentatives to lish such determination, which shall be conclusive; and the General Court. 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 government.

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 Ward meetelections, in each ward, it shall be the duty of the clerk of such ings, for the ward to make a true record of the same, specifying therein the choice of nawhole number of ballots given in, the name of each person state officers. 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 aldermen, or in some other book" kept for that purpose. And it shall be the duty of the mayor and aldermen to meet together within Examination two days after every such election, and examine and compare votes. 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: Pro

Proviso. vided 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 the duty of the selectmen to preside at the said meeting, to receive, sort, count and declare the votes given in, and to forward a certificate of the result to

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and return of

VOL. II.

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