common council, and two members of the school committee; also, to continue the division lines of school districts numbers four, five, and six, which shall form three wards, and each shall be entitled to five members of the common council, and each two members of the school committee; and the school committee so chosen shall have the care and superintendence of the public schools. Each ward shall also be Ward lines to be entitled to one assessor. And the city council shall, once in revise and alter, if it be needful, the boundaries years, of the wards, by the vote of a majority, present and voting thereon.

revised once in five years.

Ward officers.

-duties of.

Duties of clerk.

Warrants for meetings.

Election of may

five overseers of

poor.

five

SECTION 4. On the second Monday in March, annually, there shall be chosen, by ballot, in each of said wards, a warden, clerk, and three inspectors of elections, residents of wards in which they are chosen, who shall hold their offices for one year, and until others shall have been chosen in their places, and qualified to act. It shall be the duty of such warden to preside at all ward meetings, with the power of moderators of town meetings; and if, at any meeting, the warden shall not be present, the clerk of such ward shall call the meeting to order, and preside until a warden pro tempore shall be chosen by ballot; and if, at any meeting, the clerk shall not be present, a clerk pro tempore shall be chosen by ballot. The clerk shall record all the proceedings, and certify the votes given, and deliver to his successor in office, all such records and journals, together with all other documents and papers held by him in said capacity. And it shall be the duty of the inspectors of elections to assist the warden, in receiving, assorting, and counting the votes. And the warden, clerk, and inspectors, so chosen, shall respectively make oath or affirmation, faithfully and impartially to 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 warden to the clerk and inspectors, or by any justice of the peace for the county of Essex. All warrants for meetings of the citizens for municipal purposes, to be held either in wards, or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, and shall be served, executed, and returned, in such manner, and at such times, as the city council may, by any by-law, direct.

SECTION 5. The mayor, aldermen, and five overseers of or, aldermen, and the poor, to be selected from the city at large, shall be elected by the qualified voters, voting in their respective wards; and not more than two aldermen, nor more than -common coun- Olle overseer of the poor, shall be taken from one ward. The common councilmen, school committee, and assessors, shall be elected from, and by the voters of, each ward, and shall

cilmen, school

committee and assessors.

be residents of the wards in which they are elected. All said officers shall be chosen by ballot, and shall hold their offices for one year from the first Monday in April, and until others shall be elected and qualified.

of voting for city

SECTION 6. On the second Monday in March, annually, Time and manner the qualified voters in each ward shall give in their votes for officers. mayor, aldermen, and common councilmen, overseers of the poor, school committee, assessors, warden, clerk, and inspectors, as provided in the preceding sections; and all the votes so given, shall be assorted, counted, declared, and registered, in open ward meeting, by causing the names of persons voted for, and the number of votes given for each, to be written in the ward records, in words at length. The clerk of the ward, within twenty-four hours after such election, shall deliver, to the persons elected members of the common council, school committee, and assessors, certificates of their election, signed by the warden and clerk, and by a majority of the inspectors of elections, and shall deliver to the city clerk a copy of the records of such elections, certified in like manner: provided, however, that, if the choice of the com- Proviso. mon councilmen, school committee, and assessors, cannot be conveniently effected on that day, the meeting may be adjourned, from time to time, to complete such election. The board of aldermen shall, as soon as conveniently may be, examine the copies of records of the several wards, certified as aforesaid, and shall cause the person who may have been elected mayor, to be notified, in writing, of his election; but, if it shall appear that no person has received a majority of all the votes, or, if the person elected shall refuse to accept the office, the board shall issue their warrants for a new election, and the same proceedings shall be had, as are herein before provided for the choice of a mayor, and repeated, from time to time, until a mayor shall be chosen.

of mayor.

In case of the decease, resignation, or absence of the Vacancy in office mayor, or his inability to perform the duties of his office, it shall be the duty of the board of aldermen and the common council, in convention, to elect a mayor to serve during the unexpired term, or until the occasion, causing the vacancy, is removed. And if it shall appear that the whole number of aldermen, or the whole number of overseers of the poor, have not been elected, the same proceedings shall be had, as are herein before provided for the choice of mayor. Each Notice to alderalderman, and each overseer of the poor, shall be notified, in writing, of his election, by the mayor and aldermen for the time being.

men of election.

The oath prescribed by this act shall be administered to Oaths. the mayor by the city clerk, or any justice of the peace for the county of Essex.

Organization

Absence of mayor.

Record of proceedings.

Duties of mayor.

Salary.

The aldermen and common councilmen elect shall, on the first Monday of April, at ten o'clock in the forenoon, meet in convention, when the oath required by this act shall be administered to the members of the two boards present, by the mayor, or by any justice of the peace for the county of Essex; and a certificate of such oath, having been taken, shall be entered on a journal of the mayor and aldermen, and of the common council, by their respective clerks.

And whenever it shall appear that no mayor has been elected, previously to the said first Monday in April, the mayor and aldermen, for the time being, shall make a record of that fact; an attested copy of which, the city clerk shall read at the opening of the convention to be held as aforesaid. After the oath has been administered as aforesaid, the two boards shall separate, and the common council shall be organized by the choice of a president and clerk, who shall be sworn to the faithful performance of their duties.

In case of the absence of the mayor elect, on the first Monday in April, the city government shall organize itself in the manner herein before provided, and may proceed to business, in the same manner as if the mayor were present, and the oath of office may be administered to the mayor at any time thereafter, in a convention of the two branches.

In the absence of the mayor, the board of aldermen may choose a chairman pro tempore, who shall preside at joint meetings of the two boards.

Each board shall keep a record of its own proceedings, and judge of the election of its own members; and, in case of failure of an election, or in case of any vacancy declared by either board, the mayor and aldermen shall order a new election.

SECTION 7. The mayor thus chosen and qualified shall be the chief executive officer of said city; it shall be his duty to be vigilant in causing the laws and regulations of the city to be enforced, and keep a general supervision over the conduct of all subordinate officers, and to cause their neglect of duty to be punished; he may call special meetings of the boards of aldermen and common council, or either of them, when necessary in his opinion, by causing notices to be left. at the places of residence of the several members; he shall communicate, from time to time, to both of them, such information, and recommend such measures, as, in his opinion, the interests of the city may require; he shall preside in the board of aldermen, and in convention of the two boards, but shall have a casting vote only; his salary shall be, for the first year under this charter, four hundred dollars, and no more he shall afterwards receive for his services such salary as the city council shall determine, and shall receive no

other compensation; but such salary shall not be increased or diminished during his continuance in office.

vested in mayor

SECTION 8. The executive power of said city generally, Executive power and the administration of the police, with all the powers and aldermen. heretofore vested in the selectmen of Lynn, shall be vested in

the mayor and aldermen as fully as if the same were herein

specially enumerated.

And the mayor and aldermen shall have full and exclusive Police officers. power to appoint a constable and assistants, or a city marshal and assistants, with the powers and duties of constables and all other police officers, and may remove the same, when, in their opinion, sufficient cause for removal exists.

All other powers now vested in the inhabitants of said City officers. town, and all powers granted by this act, shall be vested in the mayor and aldermen and common council of said city, to be exercised by concurrent vote, each board to have a negative upon the other: but the city council shall, annually, as soon after their organization as may be convenient, elect by joint ballot, in convention, a city treasurer, collector of taxes, and city clerk, and shall, in such manner as said city council shall determine, by any by-law made for the purpose, appoint or elect all subordinate officers, not herein otherwise directed, for the ensuing year, define their duties, and fix their compensations, in cases where such duties and compensations shall not be defined and fixed by the laws of this Commonwealth.

of money.

All sittings of the common council shall be public, and all sittings of the mayor and aldermen when they are not engaged in executive business. The city council shall take care that Appropriations money shall not be paid from the treasury, unless granted or appropriated; shall secure a just and prompt accountability, by requiring bonds, with sufficient penalty and securities, from all persons trusted with the receipt, custody, or disbursement of money; shall have the care and superintendence of city buildings, and the custody and management of all city property, with power to let or sell what may be legally let or sold, except the common; and 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.

And the city council shall, as often as once a year, cause Receipts and exto be published, for the use of the inhabitants, a particular penditures. account of receipts and expenditures, and a schedule of city

property.

SECTION 9. No person shall be eligible to any office, the of fal try officers. salary of which is payable out of the city treasury, who, at the time of his appointment, shall be a member either of the boards of aldermen or common council; and neither the mayor, nor any alderman, or member of the common coun

Proviso.

City clerk.

Duties.

Fire department.

Duties of overseers of poor.

Of assessors.

Taxes.

Proviso.

Streets and town ways.

Health.

cil, shall, at the same time, hold any other office in the city government provided, however, that the mayor and president of the common council shall be, ex officio, members of the school committee.

SECTION 10. Said city council shall have power to choose a city clerk, who shall be clerk of the board of aldermen ; he shall perform such duties as shall be prescribed by the board of aldermen, and shall perform all the duties, and exercise all the powers, by law incumbent upon or vested in the town clerk of Lynn.

SECTION 11. An act establishing the fire department in the town of Lynn, passed March twenty-third, one thousand eight hundred and thirty-six, shall continue in force, and all the power and authority now vested in the selectmen of Lynn, in relation to the fire department in that town, shall be transferred to and vested in the mayor and aldermen.

SECTION 12. The overseers of the poor 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 Lynn.

The assessors to be chosen, as herein before provided, shall constitute the board of assessors, and shall exercise the same powers, and be subject to the same duties and liabilities, that the assessors in the several towns in the Commonwealth may exercise, or be subject to, under existing laws, and shall be sworn to the faithful performance of their duty.

All taxes shall be assessed, apportioned, and collected, in the manner prescribed by the laws of the Commonwealth: provided, however, that the city council may establish further or additional provisions for the collection thereof.

SECTION 13. The city council shall have exclusive authority and power to lay out any new street or town way, and to estimate the damages any individual may sustain thereby; but all questions relating to the subject of laying out, accepting, altering, or discontinuing any street or way, shall first be acted upon by the mayor and aldermen.

And any person dissatisfied with the decision of the city council, in the estimate of damages, may make complaint to the county commissioners of the county of Essex, at any meeting held within one year after such decision, whereupon the same proceedings shall be had as are now provided by the laws of the Commonwealth, in cases where persons are aggrieved by the assessment of damages by the selectmen, in the twenty-fourth chapter of the Revised Statutes.

SECTION 14. All power and authority now by law vested in the board of health for the town of Lynn, or in the selectmen of said town, shall be transferred to and invested