CITY OF BOSTON. 
 
 aoa —— ee, See ee 
 
 * 
 
 City Council, October 16, 1837. 
 
 The Joint Committee who were instructed ‘‘ to revise the 
 City Charter, and prepare a new draft thereof, which shall 
 contain all the amendments they may deem desirable, and to 
 report said draft in sufficient season for the action of the in- 
 
 habitants upon it at the next municipal election,’’ have given 
 such careful attention to the subject as its great importance 
 | demanded, and ask leave respectfully to report the accompany- 
 Bing draft, with the following explanation of the changes they 
 have thought it expedient to recommend. 
 The first alteration to which they would call attention is one 
 Jof form, being merely the incorporating, in the proper places, 
 ,of the various acts in addition to the act establishing the city 
 of Boston. In connexion with this point the Committee will 
 take occasion to state that they have given their attention to 
 the phraseology of the draft throughout, and have endeavored 
 to make it more perspicuous, and wherever it was practicable, 
 = more simple. 
 2 The first improvement in the substance of the act relates to 
 = the provisicn which is made for the election of ward officers, 
 and for proceeding with elections, by adjournment, in cases 
 of non-election of ward officers and members of the Common 
 Q Council. The endeavor of the Committee was to make the 
 necessary arrangements such as would be at once convenient 
 to the citizens, and likely to secure to them, in the most per- 
 fect manner, the advantages of the right of suffrage. They 
 have attempted also to make the language as perspicuous ‘as 
 the nature of the case would permit. These provisions will 
 be found in sections 3 and 8. 
 In the ninth Section there is a new provision for determin- 
 ‘ging the right of a person returned as a member of the School 
 Committee to a seat at the Board. It may be recollected 
 
 p An 9 he 
 
 . 
 
2 
 
 that the revision of the whole charter originated in a case of 
 contested election of a member of the School Committee, 
 which there seemed to be no power vested in ary body finally 
 to determine. The powers of the School Committee are also 
 more precisely defined, in the 3lst Section. 
 
 The 22d section provides, in a somewhat more exact and 
 definite manner than was done by the 16th section of the 
 Charter, for the care and superintendence of the public build- 
 ings, and the management of the property of thecity. Ques- 
 tions have heretofore arisen upon this point, which it will be 
 in the power of the City Council definitively to settle, if this 
 amendment should pass. 
 
 The 24th section authorises the City Council to determine 
 the mode of election of the Overseers of the Poor, instead of 
 prescribing, as was done by the 19th section of the charter, 
 that they shall be elected at tle annual ward meetings. The 
 object of the Committee, in recommending this alteration, is 
 to ascertain if the citizens will authorise such a change in the 
 organization of the Board of Overseers, as will render that 
 body responsible to the City Council. Some attempts have 
 heretofore been made to this effect, without success, in con- 
 sequence, as the Committee believed, of the subject not be- 
 ing generally understood. Itis not commonly known that 
 the Overseers of the Poor are, as a corporation established by 
 law, the managers of a fund derived from private contribu- 
 tion, bequests and legacies, which, at the present time, 
 amounts to,considerably more than one hundred thousand dol- 
 lars, and for the use and disbursement. of which, they are 
 practically responsible to no one. These funds were given 
 
 by different individuals for objects not very unlike in their. 
 
 character those for which the city gives the control of money 
 to the overseers, every year, in the appropriation bill; and it 
 seems proper that the body which is called upon to make 
 the appropriation should have the means of knowing how large 
 that appropriation ought to be. As it is, no one but an Over- 
 seer of the Poor knows the amount of income from these pri- 
 vate funds, nor how far they may be used for the same. pur- 
 poses to which the public contributes. 
 
«* 
 
 3 
 
 There seems to have been some jealousy felt on this sub- 
 ject; as if the City Council were desirous of grasping a 
 power which did not properly belong to them, or of abol- 
 ishing the Board of Overseers, or of diminishing the amount 
 of funds distributed for the benefit of the poor. Nothing 
 can be less well founded than either suspicion. ‘The power 
 of determining the amount to be appropriated to any partic- 
 ular object, ought, one would naturally think, to belong 
 to the board that makes thé appropriation, rather than to 
 
 «that which disburses the money. ‘The latter may, of course, 
 
 make a representation of their wants, but at the same time, 
 they should also state their resources. This is never done 
 by the Overseers, and the City Council have no data, but 
 the opinion of the Board of Overseers, on which to form a 
 judgment as to the amount necessary to be appropriated 
 in any year. The whole object of making the Board of 
 Overseers responsible to the City Council is to insure that 
 accountability in the disbursement of money which is justly 
 insisted on in every other branch of the public service, and 
 to which the anomalous independence of the Overseers of the 
 Poor is the only exception. The Committee have thought 
 it necessary to say this in explanation of the most important 
 alteration they have suggested. 
 
 The Committee deem it desirable that the inhabitants 
 of the city should vote upon each of these alterations sepa- 
 rately, and propose that ballots should be given in, in the fol- 
 lowing form. 
 
 CITY CHARTER, NEW DRAFT. 
 
 Shall Section 3d be approved ? 
 
 Shall Section 8th be approved ? 
 
 Shall Section 9th be approved ? 
 
 Shall Section 22d be approved ? 
 
 Shall Section 24th be approved ? 
 
 Shall Section 3lst be approved ? 
 
 Shall Section 34th*be approved ? 
 
 Shall Section 35th be approved ? 
 
 Shall the new draft be presented to the Legislature for 
 their action, with the exception of such sections (if any) as 
 
4, 
 
 may be voted against by a majority of the citizens, and in 
 case any of these alterations be rejected by the citizens, shall 
 the draft be sent to the Legislature conforming to the previ- 
 ous provisions of the charter on the subjects where the change 
 proposed is not accepted ? 
 
 In order that the inhabitants may have dae ite to con- 
 sider the various subjects of amendment, the Committee 
 would recommend that a sufficient number of copies of the 
 new draft be printed for distribution, and report the following 
 order. 
 
 For the Committee, 
 
 SAML. A. ELIOT. 
 
 Ordered, That seven thousand copies of the new draft of 
 the City Charter, together with this report, be printed, and 
 distributed in the several wards, as speedily as may be; and 
 that the citizens be called upon to give in their votes upon the 
 several subjects herein mentioned, in the warrants for the an- 
 nual election of municipal officers in December next. 
 
 In the Board of Aldermen, October 16, 1837. 
 
 The foregoing report and order were laid on the table, and 
 the usual number of copies ordered to be printed for the use 
 of the members of the City Council. 
 
 Attest, S. F. McCLEARY, City Clerk. 
 In Board of Aldermen, October 23, 1837. 
 Read and accepted and the order passed. 
 Sent down for concurrence. 
 SAMUEL A. ELIOT, Mayor. 
 In Common Council, November 23, 1837. 
 
 Read and concurred, with sundry amendments. 
 PHILIP MARETT, President. 
 
 In Board of Aldermen, November 24, 1837. 
 
 Read and the amendments agreed to. 
 
 SAMUEL A. ELIOT, Mayor. 
 
AN ACT 
 ESTABLISHING THE CITY OF BOSTON. 
 
 BE it enacted by the Senate and House of Represent- 
 atives, in General Court assembled, and by the authority 
 of the same, as follows: Sect. 1. The Inhabitants of the Corporate 
 City of Boston, for all purposes for which towns and cities nt 
 are by law incorporated in this commonwealth, shall con- 
 tinue 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 shail be subject to all the du- 
 ties and obligations, now incumbent upon, and appertaining 
 to said city, as a municipal corporation. And the adminis- 
 tration 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 nu- 
 merous council to consist of forty-eight persons, to be de- 
 nominated the Common Council (which boards, in their 
 joint capacity, shall be denominated the City Council) 
 and also in such other boards of officers, as are hereinafter 
 specified. 
 
 Sect. 2. The annual meeting of citizens for the elec- Election of 
 “ Soe F 7. : z municipal 
 tion of municipal officers hereinafter mentioned, shall be officers. 
 held on the first Wednesday of December, and the citi- 
 zens of said city, qualified to vote in city affairs, shall 
 for the purpose of such election then meet together 
 within their respective wards, at such hour and place 
 as the Mayor and Aldermen may by their warrant direct 
 and appoint. And in order to determine the result of 
 any election, the whole number of persons who voted 
 at such election shall first be ascertained by counting the 
 whole number of separate ballots given in ; and no person 
 
6 
 
 shall be deemed or declared to be elected, who shall not 
 have received a majority of the whole number of ballots; 
 and in all returns of elections, the whole number of ballots 
 given in shall be distinctly stated ; but blank pieces of paper 
 shall not be counted as ballots ; and if at any election, a 
 greater number of candidates, than the number to be 
 elected, shall severally receive a majority of the whole 
 number of ballots, a number equal to the number to be 
 elected, of such as have the greatest excess over such 
 majority, shall be deemed and declared to be elected; but 
 if the whole number to be elected cannot be thus comple- 
 ted, by reason of any two or more of such candidates 
 having received an equal namber of ballots, the candidates 
 having such equal number shall be deemed not to be 
 elected. | 
 Sect. 3. The-citizens of said city shall at their annual 
 Election of meeting choose by ballot one Warden and one Clerk, and 
 cers. five Inspectors of elections for each ward, 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 pre- 
 side at all meetings of the citizens of such ward, to pre- 
 serve order therein; and it shall 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 meet- 
 ings ; and to deliver over such records and journals, to- 
 gether with all other documents and papers held by him in 
 his said capacity, to his successor in such office. And if 
 at any meeting, the Warden shall be absent, the Clerk, 
 shall call the citizens to order and preside, until a War- 
 den pro tempore shall be chosen 3s which may be done 
 by nomination and hand vote, if the Clerk so direct. 
 And it shall be the duty of the Warden and Inspectors, 
 in each ward, to receive, sort, and count, and of the 
 Warden to declare all votes at all elections within such 
 ward. And the Warden, wlerk, and Inspectors, so chosen, 
 shall respectively be under oath, faithfully and impartially 
 to discharge their several duties relative to all elections ; 
 
7 
 
 which oath may be administered by the Clerk of such 
 ward, to the Warden, and by the Warden to the Clerk and 
 Inspectors, or to all said officers, by any Justice of the 
 peace for the county of Suffolk ; and acertificate that such 
 oaths have been admizistered, shall be entered in the 
 record or journal to be kept by the Clerk of such ward, 
 and in case of the absence of the Clerk or any of the In- 
 spectors from any ward meeting, such officers may be 
 chosen pro tempore by hand vote. In case no election of 
 Warden, Clerk or Inspectors should be made at the an- 
 nual meeting, adjournments may be had for the purpose of 
 effecting such election, in the same manner as is herein- 
 after provided with regard to the election of members of 
 the Common Council. 
 
 Sect. 4. The Warden, or other presiding officer of 
 such ward meeting, shall have full power and authority 
 to preserve order and decorum and to repress all ri- 
 Otous, 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 per- 
 son or persons who shall be guilty of any riotous, tumultu- 
 ous, 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 provided, further, That 
 the person, so guilty of such disorderly conduct, shall be 
 liable, notwithstanding such restraint, to be prosecuted 
 and punished, in the same manner, as if such arrest had 
 not been made. 
 
 sect. 5. The citizens of said city, shall, at their an- 
 nual meeting, be called on to give in their votes for one 
 able and discreet person, being an inhabitant of the city, 
 to be Mayor of the said city for the term of one year. And 
 
 Powers of 
 Warden. 
 
 Election of 
 Mayor. 
 
8 
 
 all votes so given in, in each ward, being sorted and 
 counted by the Warden and Inspectors, and declared by 
 the Warden, 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 express- 
 ed in words at length; and a transcript of such re~- 
 cord, certified and authenticated by the Warden, wlerk, 
 and a majority of the Inspectors of elections for each 
 ward, shall forthwith be transmitted or delivered by such 
 ward Clerk, to the City Clerk. 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 May- 
 or and Aldermen, or some other book to be kept for that 
 purpose. And it shall be the duty of the Mayor and Al- 
 dermen to meet together within two days after such elec- 
 tion, 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 examin- 
 ation, no person appears to have a majority of all the votes 
 given for Mayor, the Mayor and Aldermen for the time be- 
 ing, shall issue their warrants for meetings of the citizens of 
 the respective wards, for the choice of a Mayor, at such time 
 and place, as they shall judge most convenient. And the 
 same proceedings shall be had in all respects, as are here- 
 in before directed, until a Mayor shall be chosen by a ma- 
 jority of all the voters voting at such elections. And 
 whenever, on examination by the Mayor and Alder- 
 men, of the returns of votes given for Mayor at the 
 meeting in the wards holden for the purpose of electing 
 that officer, last preceding the first Monday of January, 
 no person shall appear to have a majority of all the votes 
 
a 
 
 i) 
 
 given for Mayor, the Mayor and Aldermen, by whom 
 such examination is made, shall make a record of that 
 fact, an attested copy of which, it shall be the duty of the 
 City Clerk to produce and read, on the first Monday of 
 January, in the presence of the members returned to s#r¥e 
 as Aldermen and Common Council-men, assembled to- 
 gether, at which meeting the senior member chosen to 
 serve in the Board of Aldermen shall preside; and thereup- 
 ‘on the oaths may be administered to the members élect, as 
 is hereinafter provided ; and the Board of Aldermen shall 
 then proceed to elect a Chairman, and the Common Council 
 a President, in their respective chambers, and being re- 
 spectively organized, shall proceed to business. And the 
 Board of Aldermen shall forthwith issue their warrants for 
 meetings of the citizens of the respective wards, for the 
 choice of a Mayor, at such time and place as they shall 
 judge most convenient ; and the same proceedings shall 
 be had, in all respects, as are before directed, and repeat- 
 ed from time to time, until a Mayor be chosen by a majo 
 rity of all the voters voting at such elections: mast 
 Srct. 6. Incase any person elected Mayor of said Absence or, 
 city, shall refuse to accept the office, the same proceed- of Mayor. 
 ings shall be had, in all respects, as are herein before 
 directed in cases wherein there has been no choice of 
 Mayor, until a Mayor be chosen by a majority of votes.— 
 And in case of the unavoidable absence, by sickness or 
 otherwise, of the Mavor elect, on the first Monday in 
 January, the City government shall organize itself in the 
 mode herein before provided in cases wherein no person 
 shall have been elected Mayor at the meeting last preceed- 
 ing the first Monday in January, and may proceed to busi- 
 ness in the same manner as if the Mayor were present. 
 And in case of the decease, inability, or absence of the 
 Mayor, and the same being declared, and a vote passed by 
 the Aldermen and Common Council, respectively, declar- 
 ing such cause, and the expediency of electing a Mayor, for 
 the time being, to supply the vacancy thus oceasioned, it 
 shall be lawful for the Aldermen and Common Council: to’ 
 2 
 
Election of 
 Aldermen, 
 
 Election of 
 Common 
 Council. 
 
 . td 
 
 meet in convention, and elect a Mayor to hold the said 
 office until such occasion shall be removed, or until a new 
 election. 
 
 Sect. 7. The citizens of said city, shall, at their annual 
 meeting, be called upon to give in their votes for eight able 
 and discreet persons, being inhabitants of said city, to con- 
 stitute the Board of Aldermen for the ensuing year; and all 
 the votes so given in, in each ward, being sorted and 
 counted by the Warden and Inspectors and declared by the 
 Warden, shall be recorded at large by the Clerk, in open 
 ward meeting; and in making such declaration and record, 
 the whole number of ballots given in, shall be par- 
 ticularly stated, together with the name of every per- 
 son voted for, the number of votes given for each 
 person, and also the number of blanks or ballots con- 
 taining some name or names; and a transcript of such 
 record, certified by the Warden and Clerk, anda ma- 
 jority 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 re- 
 quired not being chosen at the first election. And in case 
 of the death or resignation of any member of the Board of 
 Aldermen, the same proceedings shall be had, for the pur- 
 pose of filling the vacancy thereby occasioned, as is here- 
 in before provided for the annual meeting. And each Al- 
 derman so chosen, shall be duly notified in writing, of his 
 election, by the Mayor and Aldermen for the time being. 
 
 Secr. 8. At the annual meeting, the citizens of each 
 ward shall be called upon to give in their votes for 
 four able and discreet men, being inhabitants of said 
 ward, to be members of the Common Council: and all 
 the ballots so given in, in each ward, being sorted and 
 counted by the Warden and Inspectors, and declared by 
 the Warden, if it appear that four persons have a majority 
 
>. 
 
 1] 
 
 of all the ballots given at such election, a public deciara- 
 tion thereof, with the names of the persons so chosen, 
 shall be made by the Warden, in open ward meeting ; and 
 in all cases, a record of such proceedings shall be kept by 
 the wlerk, in his journal, stating particularly the whole 
 nunsber of ballots given in, the number necessary to make 
 a choice, the number actually given for each person, and 
 also the number of blanks on ballots containing some name 
 or names,—the whole to be written in words at length. 
 In case four persons are not chosen at the first bal- 
 Joting im any ward, the meeting of said ward shall be 
 adjourned, by the presiding officer, for the purpose of 
 filling the vacancies, to a period not less than twenty-four, 
 nor more than seventy-two hours distant, from the hour 
 when the polls were opened at the first balloting, the time 
 of adjournment, within'such limits, to be determined by the 
 hand vote of the citizens of the ward, who may be present, 
 when such adjournment is had ; and at such adjourned 
 meeting, a balloting shall be opened fora number of wom- 
 mon wouncilmen, sufficient to complete the number of four, 
 which shall be conducted, and its result be declared and re- 
 corded in the same manner, as before prescribed for the first 
 balloting. And incase there shall still be vacancies in the 
 number of Common Councilmen, in any ward, adjourn- 
 ments of the meetings of the citizens thereof, for the pur- 
 pose of filling the same, shall continue to be had in the 
 same manner to periods not less than twenty-four, nor 
 more than seventy-two hours distant from each other, 
 at all of which, the balloting shall be conducted, and the 
 result be declared and recorded in the same manner as be- 
 fore prescribed, until the number of four shall be duly cho- 
 sen. And at all such adjournments the polls shall be kept 
 open the same number of hours as were required by the 
 original warrant. Provided, however, That if at the close 
 of the last legally adjourned meeting of any ward, as 
 aforesaid, preceding the first Monday of January, there 
 shall still be vacancies in the number of Common Council- 
 men for any ward, no further adjournment shall be had,— 
 
12 
 but a record of the fact, and of the number of such vacan- 
 cies, shall be made by the Clerk of the ward in his jow- 
 nal, signed therein by the Warden, Clerk, and a majority 
 of the Inspectors, an attested copy of which record, shall 
 forthwith be delivered by the Clerk of the ward, to the 
 City Clerk, whose duty it shall be to lay the same before 
 the Mayor and Aldermen, at their first meeting in January: 
 and the Mayor and Aldermen shall forthwith issue their 
 warrant for a meeting of the citizens of such ward to fil 
 the vacancies in the number of Common Councilmen, at 
 such time and place as they shall judge most convenient. 
 And the same proceedings and adjournments, if necessa- 
 ry, within the same limits, shall be had in all respects, un- 
 der such new warrant, as have been prescribed, under the 
 former one, until the number of four Common Councilmen 
 for such ward, shall be duly zhosen. And in case of the 
 death or resignation of any member of the Common Coun- 
 ceil, the Mayor and Aldermen, upon receiving official no- 
 tice thereof, from the Common Council, shall forthwith 
 issue their warrant for a meeting of the citizens of the 
 ward, in which such vacancy has occarred, for the pur- 
 pose of filling the same: and the same proceedings shall 
 be had in all respects, and adjournments, if necessary, 
 within the same limits, under such warrant, as have been 
 prescribed, for the annual meeting for the election of 
 Common Councilmen. Provided, however, ‘That if any 
 
 such vacancy shall not have been filled at the close of the - 
 
 last legally adjourned meeting of any ward, prior to the 
 first Monday of January, no further proceedings shall be 
 had, but the meeting shall be adjourned without day. And 
 notice shall be given of all the adjournments before men- 
 tioned in two or more of the public newspapers by the 
 Clerk of each ward. All persons chosen as members of 
 the Common Council, in each ward, shall, within two 
 days of their 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 
 
ad 
 
 13 
 
 in the Common Council; but such Council shall have au- 
 thority to decide ultimately upon all questions relative to 
 the qualifications, elections, and returns of its members. 
 
 Sect. 9 The citizens of each ward, shall be called up- Election. of 
 on, at their annual meeting, to give in their votes for two mittee. 
 able and discreet men, being inhabitants of said ward, to 
 be members of the School Committee, and thereupon the 
 same proceedings shall be had as are before directed in 
 
 the election of members of the Common Council. And 
 
 each of the persons so chosen as a member of the School 
 
 Committee, 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 said board, but 
 said committee, shall have authority to decide ultimately 
 upon all questions relative to the qualifications, elections, 
 and returns of its members. 
 
 Secr.10. Every male citizen of twenty-one years of age Quatitica- 
 and upwards, excepting paupers, and persons under guar- erga 
 dianship, who shall have resided within the 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 him- 
 self or his parent, master, or guardian, any state or county 
 tax, which, within two years next preceding such meeting, 
 shall 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 
 aright to vote at such meeting, and no other person shall 
 be entitled to vote at such meeting. 
 
 Sect. 11. The Mayor, Aldermen and Common Coun- Organiza- 
 
 } 4 : tion of City 
 cil men, chosen as aforesaid, shall enter on the duties of Council. 
 their respective offices on the first Monday in January, in 
 each year; and before entering on the duties of their 
 offices, shall respectively be sworn, by taking the oath of 
 allegiance and oath of office, prescribed in the constitu- 
 
14 
 
 tion 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 caths shall and may be 
 administered to the Aldermen and members of the Common 
 Council, by the Mayor, if present, being himself first sworn 
 as aforesaid ; and in case he is absent, or no Mayor shall 
 have been chosen, then by either of the Justices afore- 
 said ; and a certificate that such oaths have been taken 
 shall be entered in the journal of the Mayor and Alder- 
 men, and of the Common Council respectively, by their 
 respective clerks. 
 
 Me ctines of Sect. 12. The Mayor and Aldermen, thus chosen and 
 
 Aldermen. 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 3 but in his absence, the board 
 may elect a chairman, for the time being. All meetings 
 of the Mayor and Aldermen, when they are not engaged 
 in executive business, shall be public. 
 
 Flection and Sect. 13. The Mayor and Aldermen, together with the 
 
 City Clerk. Common Council, in convention, shall choose a Clerk, 
 for the term of one year, and until another person is duly 
 chosen to succeed him, who shall be sworn to the faithful 
 discharge of the duties of his office, and shall be removable 
 at the pleasure of the Mayor and Alderman. He shall be 
 denominated the City Clerk, and it shall be his duty 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 re- 
 quired 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 thereunto required by the Mayor and Aldermen. 
 
15 
 
 And the City Clerk thus chosen and qualified, shall con- 
 tinue to have all the powers, and perform all the duties 
 now by law belonging to him. 
 
 Secor. 14. The persons so chosen and qualified, as mem- Meetings of 
 bers of the Common Council of the said city, shall sit and Council. 
 act together as a separate body, distinct from that of the 
 Mayor and Aldermen, except in those cases in which the 
 two. bodies are to meet in convention ; and the said Coun- 
 cil shall have power, from time to time, to choose one of 
 their own-members to preside over their deliberations, and 
 to preserve order, who shall be denominated the President 
 of the Common Council, and also to choose a Clerk, who piection ana 
 shall be under oath faithfully to discharge the duties of his seamen | 
 office, who shall hold such office during the pleasure Teena 
 said Council, and 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 said Council may require. 
 
 All sittings of the Common Council shall be public ; and 
 twenty-five members shall constitute a quorum for the 
 transaction of business. 
 
 Sect. 15. The Mayor of the said city, thus chosen and Salary and 
 qualified, shall be taken and deemed to be the chief exe- Mayor. 
 cutive officer of said corporation; and he shall be com- 
 pensated for his services by a salary, to be fixed by the 
 board of Aldermen and Common Council,.in City Council 
 assembled, 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, in 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 of the government thereof, and as far as may be in 
 
16 
 
 his power, to cause all negligence, Carelessness, and posi- 
 tive violation of duty, tobe 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 and Common Council, or either of them, 
 although the meetings of said boards may stand adjourned 
 to amore 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 re- 
 commend all such measures as may tend to the improve- 
 ment of the finances, the police, health, security, cleanli- 
 ness, comfort, and ornament of the said city. 
 
 fecsuative Sect. 16. The administration of police, together with 
 
 ‘powers of 
 
 Mayorand the executive powers of the said corporation generally, 
 Aldermen. 
 
 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, and all the powers subsequently 
 
 Police.  yested in the Mayor and Aldermen of said City, 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. 
 
 Licensesto Sect. 17. The said Mayor and Aldermen shall continue 
 
 innholders, 
 
 vietuallers & to have full and exclusive power to grant licenses to inn- 
 
 holders, victuallers, and retailers, within the said city, in all 
 
 cases wherein they are now authorized to grant such licen- 
 
 ses ; and in granting such licenses, it shall be lawful for the 
 said Mayor and Aldermen to annex thereto such reasona- 
 ble conditions in regard to time, place, and other cir- 
 cumstances, under which such license shall be acted 
 
 upon, as in their judgment, the peace, quiet, and sood 
 
 order of the city may require. Also to take bonds of all 
 persons so licensed, in reasonable sums, and with suffi- 
 cient sureties, conditioned for a faithful compliance with 
 the terms of their said licenses, and of all laws and regu- 
 
 lations respecting such licensed houses. And said Mayor 
 
 and all the powers formerly vested in the selectmen of 
 
 = 
 
17 
 
 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 require it. 
 And any person or persons who shall presume to exercise 
 either of the said employments, within said city, without 
 having first obtained a license therefor, or in any manner 
 contrary to the terms of said license, or after the same 
 shall have been revoked or suspended, shall be liable 
 
 to the same penalties and forfeitures, to be prosecuted 
 for in the same manner as now by law provided, in 
 case of exercising either of said employments without 
 
 a license; and shall also be taken and deemed to 
 have forfeited their bonds, respectively given as 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 di- 
 rect, for the purpose of enforcing such forfeitures : Pro- 
 vided, however, That all innholders, retailers, and victual- 
 lers, 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 required by law. 
 
 Sect. 18. The Mayor and Aldermen shall have power Licenses to 
 to license all theatrical exhibitions, and all public shows, other extibi- 
 and all exhibitions of whatever name or nature, to which o 
 admission is obtained on payment of money, on 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 afore- 
 said, or contrary to the terms or conditions of such li- 
 cense, 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. 19. All other powers, heretofore by law vest- By-taws and 
 
 ordinances, 
 
 ed in the town of Soston, or in the inhabitants thereof, ,, 
 
Assessment 
 of taxes. 
 
 pau 
 
 as a municipal corporation, or in the City Council of the 
 City of Boston, shall be, and hereby are continued to be 
 vested in the Mayor and Aldermen, and Common Council 
 of the said City, to be exercised by concurrent vote, each 
 board, as hereby constituted, having a negative upon the 
 proceedings of the other. More especially they shall have 
 power to make all such needful and. salutary by-laws or 
 ordinances, as towns by the laws of this. commonwealth 
 have power to make and establish, and to annex penal- 
 ties not exceeding fifty dollars for the breach thereof, 
 which {by-laws and ordinances shall take effect and be in 
 force, from and after the time therein respectively limit- 
 ed, without the sanction or confirmation of any court, or 
 other authority whatsoever ; Provided, That such by-laws 
 and ordinances shall not be repugnant to the constitution 
 and laws of the commonwealth : And provided also, That 
 the same shall be liable to be annulled by the Legislature 
 thereof. 
 
 Sect. 20. The said City Council shall also have pow- 
 er, from time to time, to lay and assess taxes for all pur- 
 poses 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; Provided, how- 
 ever, That in the assessment and apportionment of all such 
 taxes upon the polls and estates of all persons liable to con- 
 tribute thereto, the same rules and regulations shall be ob- 
 served as are now established by the laws of this common- 
 
 wealth, or may be hereafter enacted, relative to the assess- 
 
 ment and apportionment of town taxes. ‘The said City Coun- 
 cil shall also have power to provide for the assessment and 
 collection of such taxes, and to make appropriations of all 
 public moneys, and provide for the disbursement thereof, 
 and take suitable measures to ensure a just and prompt ac- 
 count thereof ; and for these purposes, may either elect 
 such Assessors and Assistant Assessors as may be needful, 
 or provide for the appointment or election of the same, or 
 any*of them, by the Mayor and Aldermen, or by the. citi- 
 zens, 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 
 
 —— 
 
19 
 
 moneys, such bonds, with such conditions and such sure- 
 ties, as the case may in their judgment require. 
 
 Sect. 21. The said City Council shall have power, and APrene og. 
 they are hereby aythorised to provide for the appointment “™ 
 or election of all necessary officers, for the good govern- 
 ment 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 be one county. 
 
 Sect. 22. The City Council also shall have the care eae 
 ‘and superintendence of the public buildings, and the care, 
 custody, and management of the property of the city, with 
 power to lease or sell the same, except the Common and 
 Faneuil Hall, and to authorise and empower either branch 
 of said council or any committee thereof to lease or 
 sell the same. And the said City Council shall have 
 power also to purchase property, real or personal, in 
 the name, and for the use of the city, whenever its in- 
 
 ‘terest or convenience may, in their judgment, require it. 
 
 Sect. 23. All the power and authority now by law Quarantine. 
 vested in the City Council relative to the preservation of 
 the public health and the quarantine of vessels, shall con- 
 tinue to be vested in the said City Council, to be carried Pabtichealth 
 into execution by the appointment of Health Commission- 
 ers, or in such other manner as the health, cleanliness, 
 comfort, and order of the city may, in their judgment, re- 
 
 ‘quire, subject to such alterations as the Legislature may 
 from time to time adopt. 
 
 Sect. 24. The said City Council shall have power and Overseers of 
 they are hereby authorised to provide for the election of 
 one person in each ward as Overseers of the Poor for the 
 said City. 
 
 Secr. 25. The said City Council shall have power, if fuvevers of 
 they see fit, to elect the Mayor and Aldermen to be Sur- 
 veyors of highways for said city. 
 
 Secr. 26. The Mayor and Aldermen of said city, and Mi a 
 the said Common Council shall, as soon as conveniently 
 may be, after their annual organization, meet together in 
 convention, and elect some suitable and trustworthy per- 
 son to be the Treasurer of’said city. 
 
20 
 
 ityinewen, SECT. 27. All boards, and officers, acting under the 
 
 Lsphals authority of said corporation, and entrusted with the ex- 
 penditure of public money, shall be accountable 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 moneys, and a particular statement of all city prop- 
 CTT Yee 
 
 by Mace «SecT. 28. In all cases in which 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 re- 
 jected by the Board of Aldermen. 
 
 Cin Gauci SECT. 29. No person shall be eligible to any office, the 
 
 hae witess. Salary of which is payable out of the city treasury, who at 
 the time of his appointment, shall be a member of either 
 the Board of Aldermen or Common Council; and neither 
 the Mayor nor any Alderman, or member of the Com- 
 mon Council, shall, at the same time, hold any other 
 office under the city government. 
 
 School Gom- Sect. 30. The School Committee shall consist of the 
 Mayor of the City, the President of the Common Coun- 
 
 cil, and of the twenty-four persons, chosen as is prescrib- — 
 
 ed in the ninthsection of this act. And at all meetings of 
 the Board the Mayor, if present, shall preside. 
 
 Powersof Sect. 31. The said Committee shall have the care and 
 
 mittee. management of the Public Schools, and may elect all 
 such instructers as they deem proper and remove the 
 same whenever they consider it expedient. And they are 
 also empowered to distribute the sum, which shall be an- 
 nually appropriated by the City Council, among the in- 
 structers in the Public Schools, so fixing the amount 
 of the salary of each instructer, however, as that in no 
 case shall the aggregate amount of all said salaries, exceed 
 the whole sum that shall have been so appropriated by 
 the said Council. And generally they shall have all the 
 powers, in relation to the care and management of the 
 Public Schools, which the Selectmen of Towns or School 
 
21 
 
 Committees, are authorised by the laws of this Common- 
 wealth to exercise. | 
 
 Sect. 32. It shall be the duty of the two branches pf 
 the City Council, in the month of October, in each year, tives- 
 to meet in convention, and determine the number of Rep- 
 resentatives, which it may be expedient for the corpora- 
 tion to send to the General Court in the ensuing year, within 
 its constitutional limits, and to publish such determination, 
 which shall be conclusive; and the number thus determin- 
 ed shall be specified in the warrant calling a meeting for 
 the election of representatives. 
 
 Secr. 33. All elections for Governor, Lieutenant Gov- Elections of 
 ernor, Senators, Representatives, Representatives to Con- 8. officers. 
 gress, 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 respec- 
 tive wards, at the time fixed by law for those elections 
 respectively. And at such meetings, all the votes given 
 in, being collected, sorted and counted by the War- 
 den and Inspectors, and declared by. the Warden, in 
 each ward, it shall be the duty of the Clerk of such 
 ward to make a true record of the same, specifying 
 therein the whole number of ballots given in, the name 
 of each person voted for, and the number of votes for 
 each, and also the number of blanks on ballots containing 
 some name or names, 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 City Clerk. 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 succes- 
 sively 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 two days after every 
 such election, and examine and compare all the said re- 
 turns, 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 
 
22 
 
 be transmitted, delivered, or returned, in the same manner 
 as similar returns are now by law directed to be made, 
 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. In all elec- 
 tions 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. 
 
 List ofeiti-  Seor. 34. It shall be the duty of the Assessors of the 
 
 ‘qualified vo- of the City of Boston, once in each year, at the time when 
 they make a list of the inhabitants for the purposes of tax- 
 ation, to make also a separate and distinct alphabetical list 
 of the qualified voters in the respective wards, so far as 
 they can ascertain them by careful inquiry in their annual 
 visits through the City, taking care that each name is spelt 
 correctly—designating separately the name of each person 
 composing a firm or copartnership, and specifying, as far 
 as practicable, the street and number where each voter on 
 their said list resides. 
 
 And it shall further be the duty of the said Assessors, 
 to deposit the original lists of voters so made by them, as 
 they are completed for each ward, with the Mayor and 
 Aldermen. | 
 
 Wardlists, Sect. 35. It shall be the daty of the City Treasurer, 
 twice in each year, namely, once in the month of October, 
 not more than twenty, nor less than fifteen days before the 
 second Monday in November, and once in the month of 
 November, not more than twenty nor less than fifteen days 
 before the first Wednesday in December, to return to the 
 Mayor and Aldermen an accurate list of all persons who 
 shall not have paid into the City Treasury any State or 
 County tax, which within two years preceding the time of 
 such return shal] have been assessed upon them, excepting 
 such as shall be by law exempt from taxation. 
 
 Sect. 386. It shall be the duty of the Mayor and Al- 
 dermen, ten days at least prior to the election of city offi- 
 
a P 
 
 23 
 
 cers, or of any officer or officers under the government of 
 the United States, or of this Commonwealth, from the last 
 list of qualified voters of the city, deposited with them by 
 the Assessors, and from the last return made to them by 
 the City Treasurer as directed, and from such other satis- 
 
 ‘factory evidence, as may be furnished them, to make out 
 
 correct alphabetical lists of all the citizens of each ward, 
 qualified to vote in such elections,—to cause the said list 
 for each ward, to be posted up in one or more public places, 
 in each ward respectively, ten days at least prior to each 
 election—and also to cause one copy of all such ward lists 
 to be exposed to public inspection, at their room, for the 
 space of at least ten days prior to every election. And the 
 said Mayor and Aldermen, shall by the full board or by a 
 committee, as they shall deem best, be in session, for the 
 space of ten days at jeast prior to the day of election, for 
 thepurpose of receiving evidence of the qualifications of 
 persons, claiming a right to vote in such elections, and of 
 correcting the lists of voters. And it shall further be the 
 duty of the said Mayor and Aldermen, at a reasonable time 
 before the opening of the polls for each election, to deliv- 
 er such list of voters in each ward, so prepared and cor- 
 rected, to the Clerk of said ward, to be used by the War- 
 den and Inspectors thereof at such election ;—and after 
 such lists have been so delivered to the Clerks of the sev- 
 eral wards, no alterations therein shall be made, of any 
 kind, by any person or for any cause whatever, but the 
 same shall be conclusive for the purpose of such election. 
 And it shall be the duty of the Inspectors of Elections in 
 
 each ward, to receive the votes of all persons, whose 
 names are borne on the list of voters of their ward, and to 
 
 refuse the votes of all persons, whose names are not borne 
 on said list, without any discretionary power on their 
 part ;—Provided however, that if any person claim to vote 
 by a name, which, though borne on the ward list, is be- 
 Jieved by the Inspector, to whom the vote is offered, to 
 be intended for another person of the same name, he shall 
 refer the same to the Warden, whose duty it shall be to 
 decide upon the reception or rejection of the vote. And 
 the Inspector shall cause a mark to be placed against the 
 
e: hig) Sad af" oF ‘ * * a va pie ay BS 
 ee ee 
 name of each voter in such list, at the time of giving his © ui: } ! 
 
 vote. S his 
 
 General Srcr. 37. General meetings of the citizens, qualified | 
 
 meetings. ; 
 to vote in city affairs, may from time to time be held to 
 
 consult upon the common good, to give instructions to 
 their representatives, and to take all lawful measures to 
 obtain a redress of any grievances, according to the right 
 secured to the people by the constitution of this Common- 
 wealth. And such meetings shall and may be duly warn- 
 
 ed by the Mayor and Aldermen, upon the requisition of | Kid 
 fifty qualified voters of said city. sata ae 
 
 Mahe ex, Scr. 38. All warrants for the meetings of citizens, Mi 
 
 ngs. for municipal purposes, to be had either in general mete 
 ings or in wards, shall be issued by the Mayor and Alder- 
 men, and in such form, and be served, executed, and re- 
 turned at such time, and in such manner, as the City 
 Council may, by any by-law or ordinance, direct and ap- 
 point. | 
 
 Division into Srcr. 39. It shall be the duty of the City Council, and | 
 they are empowered, during the year 1838 and alsowhen-— 
 ever they deem it expedient, not oftener however than) 
 once in ten years, to cause a new division of the city to. 
 be made into wards not exceeding twelve in number, in 
 such manner as to include an equal number of inhabitants © 
 in each ward, as nearly as conveniently may be, consist- 
 ently with well defined limits to each ward; including, in 
 such computation of number of inhabitants, persons of all» 
 descriptions, and taking the last census, made under the 
 authority of the United States, or the Commonwealth of | 
 Massachusetts, as a basis for such computation. 
 
 Amend Sper. 40. Nothing in this act contained shall be so_ 
 construed as to restrain or prevent the Legislature from © 
 amending or altering the same, whenever they shall deem | 
 it expedient. | 7 
 
 Ronen: Sort. 41. The act entitled an act establishing the 
 City of Boston, passed Feb. 23, 1822 and all acts in ad- 
 dition thereto, are hereby repealed. Hy et 
 
 Spor. 42. No act which has been heretofore repealed, 
 shall be revived by the repeal of the acts mentioned in the | 
 preceding section. . 
 
 JH. Eastburn, City Printer—18 State Street.