pointment or election of all necessary officers not otherwise provided for, and to prescribe their duties and fix their compensation; but no person shall be elected by the city council, or appointed by the mayor and aldermen, to any office of emolument, who, at the time of his election or appointment, shall be a member of the board of aldermen or of the common council.

The city council shall have power to regulate the use and occupation of the harbor of the Piscataqua, and to regulate pilotage.

SEC. 23. [Time altered June 26, 1858.]

The city council shall, annually, on the fourth Tuesday of March, meet in convention and elect, by joint ballot, a city clerk, who shall be sworn or affirmed to the faithful discharge of the duties of his office, and shall hold his office for one year, and until another shall be chosen and qualified; removable, however, at the pleasure of the city council. He shall be, ex officio, clerk of the board of aldermen. He shall keep a journal of all the votes and proceedings of the mayor and aldermen, and also of the city council, when sitting in convention; and shall perform such other duties as the mayor and aldermen or the city council shall prescribe.

He shall also perform all the duties and exercise all the powers incumbentupon and vested in the town clerk of the town of Portsmouth, except where it is herein otherwise provided. He shall deliver to his successor in office, as soon as chosen and qualified, all journals, records, record books, documents, and other things held by him in his capacity of city clerk.

Sec. 24. [Amended July 12, 1850; June 27, '57; July 4, '60.] The city council shall also, in the month of April annu

ally, in convention and by joint ballot, elect a city treasurer, and all other subordinate officers who are not chosen by the inhabitants or appointed by the mayor and aldermen; and shall also fill all vacancies which shall exist in the boards of assessors or overseers of the poor.

SEC. 25. [Amended June 26, 1858. Three assessors to be elected in ward one.]

The qualified voters in each ward shall, at the annual meeting, choose one person to be a member of the board of overseers of the poor; and the first and third wards shall each choose two persons, and the second ward three persons, to be members of the board of assessors, each of whom shall be a resident of the ward for which he is chosen.

The assessors so elected shall perform all such duties relative to taking the inventory and appraisal of property for taxation and in regard to the abatement of taxes, as are now by law required of the selectmen and assessors, and shall have all the powers in regard to those duties which the selectmen and assessers now have. The board of overseers of the poor, with the mayor as chairman, shall perform the same duties as are now incumbent on that body in towns. The provisions of chapter seventy-four of the Revised Statutes, with the amendments and additions thereto, now in force, shall be and continue in force, notwithstanding anything in this charter. Provided, that the mayor and aldermen shall have the same powers, and perform the same duties, as are by that chapter given to and required of the selectmen of the town of Portsmouth.

SEC. 26. All meetings of the inhabitants for the election of county, State, or United States officers, who are voted for by the people, shall be held in their respective wards,

at the time legally appointed for those elections respectively.

SEC. 27. All acts and parts of acts, inconsistent with the provisions of this act, are hereby repealed.

SEC. 28. Within twenty days from and after the passage of this act, the selectmen of the town of Portsmouth shall issue their warrant for a legal meeting of the voters of said town, to be holden at some convenient time within thirty days from the issue of said warrant. The check list for said meeting shall be prepared, posted up, corrected and used in the same manner as is by law provided for the choice of State officers. At said meeting a moderator shall be chosen to preside. And the polls shall then be opened for taking the question on the adoption of this charter, and shall continue open for the space of five hours, and no

more.

Each voter shall then and there express his opinion on the adoption of this act, by written or printed ballot containing the word "Yes," or "No." The votes shall be sorted, counted and declared in open town meeting, and if、 a majority of the votes thrown shall have the word "Yes" thereon, this act shall be in force from and after the day of said meeting, but otherwise be null and void.

Provided, that in case of the adoption of this act the present officers of the town of Portsmouth shall hold their offices and perform the duties thereof until the fourth Tuesday of March, A. D. 1850, and until the organization of a city government, except such of their duties as are provided for in the following section.

SEC. 29. After the adoption of this act, and between the first and tenth days of November next, the selectmen of

Portsmouth shall call a meeting of the legal voters in each ward, at some convenient time and place, to be designated in the warrant. Said meetings shall be called in the same manner as town meetings are now called by selectmen. The Selectmen of Portsmouth shall prepare, post up and correct for each ward, a check list, in the same manner as the Selectmen of towns are required to do at the meetings for the choice of State officers.

The meeting shall be called to order by one of the selectmen of Portsmouth, or, if none of the selectmen are present, by any justice of the peace for the county of Rockingham, who shall preside until a moderator is chosen. At said meeting in each ward, a moderator, town clerk, and three selectmen shall be chosen by ballot. The officers so chosen, shall, from and after that time, and until others are chosen in their stead, perform all the duties assigned them by this act.

The first election of mayor, aldermen, and common councilmen shall be holden on the second Tuesday of March, A. D. 1850, and the returns, hereinbefore provided to be made to the mayor and aldermen, shall at that time be made to the selectmen of the town of Portsmouth, who shall perform all the duties in relation to said election, herein assigned to the mayor and aldermen.

Approved July 6, 1849.

SAMUEL DINSMOOR, Governor.

AMENDMENTS TO THE CITY CHARTER.

An Act to amend the act entitled "An act to establish the City of Portsmouth."

SECTION 1. City council to elect certain officers, when; vacancies how filled,

2. Quorum, what constitutes.

3. Members compelled to attend, when.

4. City council shall elect a mayor, when, &c.; vacancy by death, &c., how filled.
5. Mayor and aldermen to lay out, &c. highways; common council to approve, when.
6. Sections of former acts repealed.

SEC. 1. [Amended June 27, 1857; July 4, 1860.]

Be it enacted by the Senate and House of Representatives in General Court convened, That the city treasurer, collector of taxes, marshal, superintendent of the almshouse and city farm, city physician, and all other officers of the city of Portsmouth whose election or appointment is or may be required by the laws of this State, except officers who are required to be chosen by the people, shall be elected annually by the city council, in the month of April, in convention and by joint ballot, and in case the city council shall fail to elect to any office in the month of April, then they shall proceed to elect to the office as soon thereafter as may be. And all vacancies in said offices shall be filled by the city council in convention and by joint ballot.

SEC. 2. A majority of the city council shall constitute a quorum for proceeding in elections and the transaction of all business which may lawfully come before said council in convention. In the absence of the mayor, said council may choose any member thereof to preside during the absence of the mayor.