Salary. Of suits, &c., before justices of the peace. Special justices. -duties of. -fees of. Appointment. Chap. 88. Persons incorporated in Worces dren. of said town of Lynn, a true and faithful account of moneys by him received as fees. SECTION 8. The justice of said court shall receive, from the treasury of the said town of Lynn, an annual salary of eight hundred dollars, in quarterly payments. SECTION 9. All suits, actions, and prosecutions, which shall be instituted and pending before any justice of the peace, within the town of Lynn, when this act shall take effect, shall be heard and determined as though this act had not been passed. SECTION 10. There shall be appointed by the governor, by and with the advice and consent of the council, two special justices of said court; and whenever it shall happen, that the standing justice of said court shall be interested in any suit or prosecution, cognizable in said court, said suit or prosecution shall be considered, heard, and disposed of, by one of the said special justices; and, whenever said standing justice shall be unable, from necessary absence from town, or sickness, or other cause, to perform his duties, either of the said special justices may exercise all the powers of the standing justice, until such disability be removed; and when a vacancy occurs in the office of standing justice, either of the said special justices may exercise all the powers of the office until the vacancy be supplied; and such special justice shall be paid by the standing justice, out of his salary, such sums as justices of the peace are paid for like services. SECTION 11. The governor shall have power, by and with the advice and consent of the council, to appoint said justice and special justices, at any time after the passing of this April 5, 1849. act. AN ACT to incorporate the Worcester Children's Friend Society. Be it enacted, &c., as follows: SECTION 1. Marcia Knowlton, Rebecca Newton, Anstis ter for support of K. Miles, their associates and successors, are hereby made indigent chil- a corporation by the name of the Worcester Children's Friend Society, for the purpose of providing for the support and education of indigent children, of both sexes, not otherwise provided for, and who, for want of paternal care, are in Powers and du- a suffering and dangerous condition, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. ties. Estate. SECTION 2. Said corporation may, for the purpose aforesaid, take and hold real and personal property, to an amount not exceeding fifty thousand dollars: SECTION 3. Said society may admit into their institution any indigent child, at the request of its parent or guardian, educating indi and accept from its father, or, in case it has no father living, of receiving and from its mother, or guardian, a surrender, in writing, of any gent children. such child, to the care and direction of said corporation; and also may admit any other indigent children, who have no parent, or guardian, within the Commonwealth. And all children, so admitted, shall be maintained and employed, by said society, and shall be instructed in moral and religious duties and the branches of learning usually taught in the Commonwealth. binding out such SECTION 4. Said society may retain and employ such of managing and children, after they are of suitable age to be bound out as children. apprentices, or may bind out such children, when of suitable age as domestics in virtuous families, or as apprentices at any reputable trade until the age of twenty-one years, if males, or of eighteen years, if females, in like manner, and on the same conditions, as overseers of the poor may by law bind out the children of poor persons in their respective towns; or said society may place such children in the families of virtuous and respectable citizens, to be brought up in such families as adopted children and members thereof. [1851, 61.] AN ACT to establish the City of Lynn. April 5, 1849. Chap. 89. Be it enacted, &c., as follows: SECTION 1. The inhabitants of the town of Lynn shall Lynn to b. a city. continue to be a body politic and corporate, under the name of the city of Lynn, 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. dermen, twenty out compensa SECTION 2. The administration of all the fiscal, pruden- Mayor, eight altial, and municipal affairs of said city, with the government ave common thereof, shall be vested in one principal officer, to be styled council, withthe mayor; one council of eight, to be called the board of tion. aldermen; and one council of twenty-five, to be called the common council;-which boards, in their joint capacity, shall be denominated the city council, and the members thereof shall be sworn to the faithful performance of the duties of their respective offices. A majority of each board shall constitute a quorum for doing business, and no member of either board shall receive any compensation for his services. specified. SECTION 3. It shall be the duty of the selectmen of the Eight wards, as town of Lynn, as soon as may be, after the passage of this act, and its acceptance by the inhabitants, as hereinafter provided, to divide said town into eight wards, as follows, to wit:-To constitute the peninsula of Nahant one ward, which ward shall be entitled to one member of the common council, and one member of the school committee, and to continue the division lines of school district number one, which ward shall be entitled to two members of the common council, and one mémber of the school committee; to continue the division lines of school district number seven, to form one ward, which shall be entitled to one member of the common council, and one member of the school committee; and school wards number three and nine shall be united to constitute one ward, and shall have two members of the common council, and one member of the school committee; and to continue the division lines of school district number two, to form one ward, which shall have four members of the 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, and shall Lines of wards to serve without compensation. And the city council shall, once in five years, revise and alter, if it be needful, the boundaries of the wards, by the vote of a majority, present and voting thereon. be revised once in five years. Ward officers. Their duties. 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 over, 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 warrants for of the citizens for municipal purposes, to be held either in meetings. 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. or, aldermen, committee. SECTION 5. The mayor and aldermen, to be selected from Election of maythe city at large, shall be elected by the qualified voters, common councilvoting in their respective wards; and not more than two men, and school aldermen shall be taken from any one ward. The common councilmen and school committee shall be elected from, and by the voters of, each ward, and shall 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, or until others shall be elected and qualified. Time and manner of voting for city SECTION 6. On the second Monday in March annually, the qualified voters in each ward shall give in their votes omcers. for mayor, aldermen, and common councilmen, school committee, 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 and school committee, 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 common councilmen and school committee 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 Notice of election. Oaths. Organization. Absence of mayor. Record of proceedings. Duties of mayor. common council in convention, to elect a mayor to serve The oath prescribed by this act shall be administered to the mayor by the city clerk, or any justice of the peace for the county of Essex. 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 |