6onmoi}wealtli of IQassacliusetts. In the Year One Thousand Eight Hundred and Ninety- Six. AN ACT TO REVISE THE CHARTER OF THE CITY OF GLOUCESTER. Be it enacted by the Senate and House of Repre¬ sentatives in General Court assembled , and by authority of the same , as follows: TITLE I. MUNICIPAL GOVERNMENT. Section i. The inhabitants of the City of Glou¬ cester shall, in case of the acceptance of this act by the voters of said city as hereinafter provided, con¬ tinue to be a body politic and corporate under the name of the City of Gloucester, 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 pertaining to and incum¬ bent upon the said city as a municipal corporation. Sec. 2, The administration of all the fiscal, pru- 2 dential and municipal affairs of said city with the government thereof shall be vested in an executive department which shall consist of one officer to be called the Mayor, and in a legislative department which shall consist of a single body to be called the City Council, the members whereof shall be called councilmen. The executive department shall never exercise any legislative power, and the legislative department shall never exercise any executive pow¬ er. The general management and control of the public schools of said city shall be vested in a school committee. Sec. 3. The territory of said city shall be divided into nine (9) wards, as hereinafter provided, but said number upon any subsequent division of said city into new wards, may be increased by an affirmative vote of a majority of the members of the city coun¬ cil passed prior to and in the year of such new division. TITLE II. ELECTIONS AND MEETINGS. Sec. 4. The municipal election shall take place annually on the first Tuesday of December, and the municipal year shall begin on the first Monday of January following. All meetings of the citizens for municipal purposes shall be called by warrants is¬ sued by order of the city council, which shall be in such form and be served and returned in such man- 3 ner and at such times as the council may by ordi¬ nance direct. Sec. 5. At such municipal election the qualified voters shall give in their votes by ballots in the sever¬ al wards for mayor, councilmen and members of the school committee then to be elected, and the person receiving the highest number of votes for any office shall be deemed and declared to be elected to such office; and whenever two or more persons are to be elected to the same office, the several persons, up to the number required to be chosen, receiving the high¬ est number of votes shall be deemed and declared to be elected. If it shall appear that there is no choice of mayor, or if the person elected mayor shall refuse to accept the office, or shall die before qualifying, or if a vacancy in said office shall occur subsequently and more than three months previous to the expira¬ tion of the municipal year, the city council shall forth¬ with cause warrants to be issued for a new election, and the same proceedings shall be had in all respects as are hereinbefore provided for the election of mayor, and shall be repeated until the election of the mayor is completed. If the full number of members of the city council has not been elected, or if a vacan¬ cy in the office of councilman shall occur subsequent¬ ly and more than three months previous to the ex¬ piration of the municipal year, the council shall forthwith cause a new election to be held to fill the vacancy or vacancies, 4 Sec. 6 . All meetings for the election of national, state, county and district officers shall be called by order of the city council in the same manner as meet¬ ings for municipal elections are called. Sec. 7. The city council may, when no conven¬ ient wardroom for holding the meetings of the citi¬ zens of any ward can be had within the territorial limits of such ward, appoint and direct, in the war¬ rant for calling any meeting of the citizens of such ward, that the meeting be held in some convenient place within the limits of an adjacent ward of the city; and for such purpose the place so assigned shall be deemed and taken to be a part of the ward for which the election is held. Sec. 8 . General meetings of the citizens qualified to vote may from time to time be held according to the right secured to the people by the constitution of this Commonwealth, and such meetings may, and, upon the request in writing of fifty qualified voters, setting forth the purposes thereof, shall be duly called by the city council. TITLE III. THE LEGISLATIVE BRANCH. Sec. 9. The members of the city council shall consist of councilmen at large and councilmen from wards, and shall be elected annually as follows: councilmen at large, in number one less than the s number of wards in said city shall be elected by and from the qualified voters of the city voting in their respective wards; in voting for councilmen at large no voter shall vote for more than five of those to be elected at large, and the eight having the highest num¬ ber of votes shall be declared elected: and three (3) councilmen from each ward shall be elected by and from the qualified voters in each ward. The council- men shall hold office for the municipal year beginning with the first Monday in January following their election, and until a majority of the succeeding council shall be elected and qualified. They shall receive no compensation for their services. Sec. 10. The mayor elect and the councilmen elect shall annually, on the first Monday in January, at 12 o’clock at noon, meet and be sworn to the faithful discharge of their duties. The oath shall be administered, by the city clerk, or, in case of his ab¬ sence, by any justice of the peace, and shall be duly certified on the journal of the city council. In case of the absence of the mayor elect on the first Mon¬ day in January, or if a mayor shall not then have been elected, the oath of office may at any time thereafter be administered to him in the presence of the council; and at any time thereafter in like manner the oath of office may be administered to any member of the council who has been previously absent, or has been subsequently elected; and every such oath shall be duly certified as aforesaid. 6 Sec. ii. After the oath has been administered to the councilmen present, they shall be called to order, by the city clerk, or in case of the absence of the clerk, by the senior member present. The person so calling the city council to order shall proceed to call for the election of a presiding officer or president of said council, who shall be elected by a majority bal¬ lot of all the members of said council and who shall himself be a member of said council. If no quorum is present an adjournment shall be taken to a later hour or to the next day, and thereafter the same pro- ceedings shall be had from day to day until a quorum shall be present. If any person receive the votes of a majority of all the members of the council, such person shall be declared chosen president thereof. If on the first day on which a quorum is present no per¬ son receive the votes of such majority, the roll-call shall be repeated until some person receive the votes of such majority or an adjournment to the succeeding day is taken and on such succeeding day a plurality of those voting shall be sufficient for an election. No other business shall be in order until a president is chosen. The president shall be sworn by the city clerk, or, in case of the absence of the clerk, by any justice of the peace. The council shall then proceed to the choice of a clerk in the same man¬ ner as above provided for the choice of president, and no other business shall be in order until a clerk is chosen. The president and the clerk may be re- 7 moved from office by the affirmative vote of two- thirds vote of all the members of the council, taken by roll-call. The president of the council shall have the same right to vote as any other member thereof. The city clerk may be chosen clerk of the council, but these offices shall nevertheless remain distinct and independent. The clerk of the council shall keep a journal containing a record of the proceedings of the council, and a record at large of all votes taken by roll-call, and he shall engross, sign and attest all or¬ dinances and resolutions of the council. Sec. 12. The mayor may at any time call a special meeting of the city council, by causing written noti¬ fication thereof, together with a statement of the sub¬ jects to be considered thereat, to be left at the usual place of residence of each member of the council, at least twenty-four hours before the time appointed for such meeting and no other business shall be in order unless by unanimous consent of the members present. Sec. 13. The city council shall determine the rules of its own proceedings and shall be the judge of the election, returns and qualifications of its own members. In case of the absence of the president, the council shall choose a president pro tempore, and a plurality of votes cast shall be sufficient for a choice. The council shall sit with open doors, and shall cause the journal of its proceedings to be open to public in¬ spection. The vote of the council upon any question shall be taken by roll-call when the same is requested 8 / by at least two members. A majority of the mem¬ bers of the council shall be required to constitute a quorum, but a smaller number may adjourn from day to day. The council shall, so far as not inconsistent with this act, have and exercise all the legislative powers of towns, and have all the powers and be sub¬ ject to all the liabilities of city councils, and of either branch thereof, under the general laws of the com¬ monwealth, and it may by ordinance prescribe the manner in which such powers shall be exercised. Sec. 14. The city council shall annually in the month of January, elect by the affirmative ballot of two-thirds of all its members, a treasurer, a collector of taxes, who may be the treasurer, a city clerk, and an auditor, who shall hold office from the first Mon¬ day of the following February, and until their success¬ ors are chosen and qualified, provided, however, that either of the officers named in this section may be re¬ moved at any time by said city council, for sufficient cause, by the affirmative ballot of two-thirds of all its members. The said treasurer, tax collector, auditor and city clerk shall perform such duties as may be prescribed by ordinance, and they shall perform all the duties and exercise all the power incumbent by law upon them. Sec. 15. The city council shall with the approval of the mayor have exclusive authority and power to order the laying out, locating anew or discontinuing of, or making specific repairs in all streets and ways, 9 and all highways within the limits of said city, and to assess the damages or betterments sustained by any person thereby, and further, except as herein other¬ wise provided, to act in all matters relating to such laying out, locating anew, altering, discontinuing or repairing. Any person aggrieved by the assessment of his damages, or other action of the council under this section, shall have all the rights and privileges now allowed by law in such cases in appeals from decisions of the selectmen of towns. Sec. i6. In case any ordinance, order, resolution or vote involves the appropriation or expenditure of money to an amount which may exceed one hundred dollars, the laying of an assessment, or the granting to a person or corporation of any right, over or under any street or other public ground of said city, the affirmative votes of a majority of all the members of the city council shall be necessary for its passage. Every such ordinance, order, resolution or vote shall be read twice with an interval of at least seven (7) days between the two readings before being finally passed and the vote upon its final passage shall be ta¬ ken by roll-call. Sec. 17. Every ordinance, order, resolution or vote of the city council except such as relates to its own internal affairs, to its own officers or employees, to the election or duties of the city clerk, auditor, treasurer and tax collector, to the removal of the * mayor and other officers, or to the declaration of a 10 vacancy in the office of mayor shall be presented to the mayor for his approval or disapproval within three days of its passage by the council and like pro¬ ceedings shall be had thereon as are in such cases provided by the general laws relating to cities. Sec. i8 . The city council shall have power within said city to make and establish ordinances and by-laws, and to affix thereto penalties as herein and by gen¬ eral law provided, without the sanction of any court or justice thereof: provided, however, that all laws and regulations now in force in the city of Glouces¬ ter, shall, until they shall expire by their limitation, or be revised or repealed by the council, remain in force. Complaint for the breach of any ordinance or by-law may be made by the mayor or any head of a department or by any resident of the city. Sec. 19. The city council shall establish a fire de¬ partment for said city to consist of a chief engineer and assistant engineers not exceeding nine, and of such officers and members as the city council by ordinance shall from time to time prescribe; and said council shall have authority to define their rank and duties and in general to make such regulations concerning their conduct and government of such department, the management of fires and the conduct of persons attending fires, as they may deem expedient, and may fix such penalties for any violations of such regula¬ tions or any of them as are provided for breach of the ordinances of said city. The appointment of all the officers and members of such department shall be vested in the mayor exclusively, who shall have authority to remove from office any officer or mem¬ ber for cause. Sec. 20. The‘city council shall establish by ordi¬ nance a police department, to consist of a chief of police and such officers and men as it may prescribe and make regulations for the government of the de¬ partment. The appointment of all the members of such department shall be vested in the mayor exclu¬ sively who shall have power to remove any member for cause. Sec. 21. At any meeting of the city council it shall be in order for any member thereof to give writ¬ ten notice seconded in writing by a majority at least of all the members of the council, of his intention to move at the next meeting thereof, occurring within not less than ten days, a resolution that the mayor be removed for official misconduct or neglect of duty. Such notice shall specify as particularly as possible the acts of misconduct, or the instances of neglect of duty complained of, shall be entered at large by the clerk in the minutes of the council, and the clerk shall within two days serve a copy thereof upon the mayor and mail a copy to each of the mem¬ bers of the council at his residence. At such next meeting of the council the mayor shall have the right to speak in his own defence and to be heard by coun¬ sel. The vote on the resolution shall be by roll-call. 12 If the resolution fail to receive the affirmative votes of three-fourths of all the members of the council it shall have no effect and shall not be re-introduced during that meeting of the council. If it receive the affirmative votes of three-fourths of all the members of the council, it shall, upon the service of a copy thereof upon the mayor, personally, or by leaving the same at his last or usual place of residence, take effect, and the office of mayor shall thereupon become vacant. The council shall thereupon order a warrant for a new election for mayor to be issued, and such further proceedings shall be had as are provided in section live hereof for the case of a failure to elect a mayor. Sec. 22. No member of the city council shall, during the term for which he is elected, hold any other office in or under the city government, have the expenditure of any money appropriated by the coun¬ cil, or act as counsel in any matter before the council or any committee thereof, and no person shall be eligible for appointment to any municipal office estab¬ lished by the council during any municipal year within which he is councilman. TITLE IV. EXECUTIVE DEPARTMENT. Sec. 23. The executive powers of the city shall be vested solely in the mayor and may be exercised !3 by him either personally or through the several officers and boards of the city in their departments, under his general supervision and control. In case % of a vacancy in any office to which appointment is made by the mayor he may personally perform the duties thereof but he shall not be entitled to receive any salary or pay attached thereto. The mayor shall hold office for the municipal year beginning with the first Monday in January following his election, unless sooner removed, and until his successor is elected and qualified. Sec. 24.. The mayor shall have the sole power of appointment to all the municipal offices established by or under this act, unless herein otherwise pro¬ vided; and he may remove from office by written or¬ der any officer so appointed hereunder for any cause which he shall in his official discretion deem suffic¬ ient, which cause he shall assign in his order of re¬ moval. Such office shall become and be vacant upon the filing with the city clerk of such order of remov¬ al, and the service of a copy thereof upon the officer so removed, either personally or by leaving the same at his last or usual place of business. The city clerk shall keep such order of removal on file where it shall be open to public inspection. Sec. 25. The salary of the mayor shall be twelve hundred dollars ($1200) per annum, and such addit¬ ional sum as the city council may establish by ordi¬ nance passed by vote of two-thirds of all its mem- H bers, such ordinance not to take effect however until the year succeeding that in which it is passed. Sec. 26. Whenever by reason of sickness or ab- sence from the city or other cause the mayor shall be disabled from performing the duties of his office, he may designate by a writing tiled in the office of the city clerk, either the city treasurer, the city clerk, or the city solicitor to act as mayor, or, in case of the failure of the mayor to make such designation, the first named of the above mentioned officers then per¬ forming the duties of his office shall act as mayor. Such officer shall, during the continuance of such disability, have all the rights and powers of mayor, except that he shall not when so acting have the power of removal, unless thereto in any instance authorized by vote of the city council, nor any power of appointment unless such disability of the mayor has continued for a period of thirty days, nor power to approve or disapprove any ordinance, order, resolution or vote until within twenty-four hours of the time when it would take effect without the ap¬ proval of the mayor. In case such disability of the mayor continues for a period exceeding thirty days, the city council may at any time after the expiration of that period declare a vacancy to exist in the office of the mayor. Sec. 27. Whenever there shall be a vacancy in the office of mayor, the president of the city council shall act as mayor and possess all the rights and powers of mayor during such vacancy, except that when so acting as mayor he shall not have the power of ap¬ pointment or removal unless thereto in any instance authorized by vote of the council. TITLE V. SCHOOL COMMITTEE. Sec. 28. The school committee shall consist of nine persons, three to be chosen at each municipal election and to hold office for the term of three years from the first Monday in January next ensuing. The present school committee shall continue to hold office until the expiration of their term of service. These persons shall, with the mayor, constitute the school committee, and have the care and superin¬ tendence of the public schools, the appointment of all janitors of school buildings who shall be under their direction and control, and said committee shall serve without pay. The mayor shall be ex officio chairman of the board, and all the rights and obliga¬ tions of the City of Gloucester, in relation to the grant and appropriation of money to the support of the schools, and the special powers and authority hereto¬ fore conferred by law upon the inhabitants of said city, to raise money for the support of schools therein, shall be merged in the powers and obligations of the city, under this charter, to be exercised in the same manner as over other subjects of taxation; and all grants and 16 t appropriation 8 of money for the support of schools, and the erection and repair of school-houses in said city shall be made by the city council, in the same manner as grants and appropriations are made for other city purposes. Sec. 29. Should there fail to be a choice of mem¬ bers of the school committee the vacancies occurring by such failure shall be tilled, by a joint ballot of the city council and school committee, and vacancies thereafter occurring, shall be filled in like manner. Sec. 30. The school committee shall on the first Monday in June, or, as soon thereafter as may be, choose by vote of a majority of its members, but not from their number, a superintendent of schools, who shall be under its direction and control. Such super¬ intendent shall hold office until the first Monday in July of the year next ensuing, unless sooner removed, and until his successor is chosen and qualified; and he may be removed at any time by the school com¬ mittee by vote of a majority of its members. TITLE VI. ADMINISTRATIVE OFFICERS. Sec. 31. There shall be the following administra¬ tive officers who shall peform the duties by law and herein prescribed by them respectively and such fur¬ ther duties not inconsistent with the nature of their respective offices as the city council may prescribe. x 7 « A commissioner of highways who shall have cognizance, direction and control— a. Of the construction, alteration, repair, care and lighting of streets, ways and sidewalks; b . Of the construction, alteration, repair and care of public sewers and drains; c. Of the construction, alteration, repair, care and maintenance of public bridges. No person or corporation authorized by the city council to dig up any public street or sidewalk in said city shall begin such digging before furnishing to such commissioner security satisfactory to him to restore such street or sidewalk to its former condition. The street commissioner shall, in general, except as in section (15) of this act otherwise provided, have exclusively the powers and be subject to the duties, liabilities and penalties which may by law be given to or imposed upon road commissioners of towns. A commissioner of public buildings who shall have cognizance, direction and control of the construction, alteration, repair and care of public buildings; except that the care of all school buildings shall be in the control of the school committee, and that the care of the Huntress Home shall be under the control of the trustees of said Home. Said commissioner shall also be inspector of buildings whose duties are prescribed by statute law and by ordinance. A city solicitor who shall perform all legal services in matters in which the city is interested, and attend I 18 to all proceedings at law or in equity in which the city is a party and all claims made to the council. For these purposes he shall have sole charge of all such matters and proceedings. He shall give in writing his legal opinion upon any of the municipal affairs of the city upon the request of the mayor or council, and in addition give his opinion of the law relating to the municipal affairs in any department upon request made by the head of such department. Three principal assessors, who together shall con¬ stitute the board of assessors, one of whom shall be designated as chairman and secretary by the mayor. They shall be appointed for one, two and three years, and annually thereafter in the month of January there shall be appointed one principal assessor for the term of three years. There shall be appointed annually in the month of January, assistant assessors as many as there are wards in the city, and one assistant assessor shall be assigned to each ward of the city by the prin¬ cipal assessors. The term of office of the assessors shall be from the first Monday in February follow¬ ing their appointment. Three overseers of the poor, one of whom shall be designated as chairman and secretary by the mayor. They shall be appointed for one, two and three years, and annually thereafter in the month of January there shall be appointed one overseer for the term of three years. They shall hold office from the first Monday in February after their appointment. J 9 A chief of police. A chief engineer of the fire department. A board of park commissioners consisting of five (5) persons who shall exercise the powers and be subject to the duties given to or imposed upon boards of park commissioners under statute law. A city physician. A board of health consisting of three persons, one of whom shall be the city physician, who shall be commissioners of public burial grounds and shall have general cognizance, direction and control of lay¬ ing out and caring for public burial places and all work in and upon the same. A board of trustees of the Huntress Home. A board of license commissioners as provided for by statute law. A city engineer who may be the present incum¬ bent or one who shall have received his education at some polytechnic school (or technical school) or who shall have had four years experience with some engineer of acknowledged reputation. The above-named officers and boards shall be ap¬ pointed on or before the first Monday in February, and shall hold their respective offices for the term of one year, unless otherwise provided, beginning with the first Monday in February, unless sooner removed, and until their respective successors, or in the case of boards, until a majority of the members thereof are appointed and qualified, They shall be sworn \ 20 to the faithful discharge of the duties of their respec¬ tive offices. The city council may by ordinance establish ad¬ ditional administrative offices and define the duties of the incumbents thereof, and such offices shall be sub¬ ject to the provisions of this act. Sec. 32. Each of the above-named boards shall, at its first meeting on or after the first Monday of February in each year, or as soon thereafter as may be, choose by ballot a permanent chairman from among its members, unless otherwise above provided. No person shall be chosen permanent chairman un¬ less he shall receive the votes of a majority of the members of the board, and he may be removed from such chairmanship by the same vote. Each of said boards shall, unless it has a clerk as hereinbefore provided, choose a secretary from among its mem¬ bers, in the same manner as above prescribed for the choice of a chairman, and may remove him in the same manner. The city council may authorize any of said boards to choose a clerk in the manner above prescribed for the choice of a chairman and secretary, and may provide for the payment of such clerk. Sec. 33. The auditor of accounts shall, on the first business day of every month, audit all accounts in which the city is concerned as debtor or creditor, and shall report to the council as it shall direct. He shall have access at all times during business hours to all the books and vouchers of the city treasurer. 21 Sec. 34. The mayor, the chairman of the school committee, the treasurer, the city clerk, the auditor, all of the administrative officers above named other than the members of boards, and the chairman of the above named boards shall, ex officio , be entitled to seats with the city council. The mayor shall, when requested, and all the other officers above named shall, at the request of the council, answer for their respec¬ tive offices, committees and boards at the meetings of the council. In case the chairman of a board is unable to be present at any such meeting, he may designate another member of the board to represent it at such meeting. The said officers shall be notified in like manner with the councilmen of all the meetings of the council. They shall have the right to speak upon all matters relating to their respective departments, but upon no other matters, and shall have no right to vote. They shall give such information as may be required by the members of the council, and answer such question as may be asked by the members in relation to any matter, act or thing connected with their respective offices or the discharge of the duties thereof; 'provided, however , that any such officer may refuse to answer such question if notice thereof has not been given at least three days before the time of the meeting in a notice book to be provided for the purpose by the city clerk and kept in his office, unless the council shall vote that the question is of such urgency and of such nature that it should be an¬ swered without notice. 11 Sec. 35. The administrative officers and boards above named in this title, and all administrative of¬ ficers and boards hereafter established by the city council and not coming within the department of any officer or board so above named, shall have the power, except as herein otherwise provided, to appoint or employ and to remove or discharge all officers, clerks and employees, in their respective departments. Such appointments shall not be for any specified term, but shall hold good until removal or discharge. Orders of removal shall state the grounds therefor, and shall be entered upon the records of the officer or board making the same, and removals shall take effect upon the filing of a cop} 7 of such order with the city clerk in a book provided for the purpose, and open to pub¬ lic inspection. The above named administrative of¬ ficers and boards shall, in their respective depart¬ ments, make all necessary contracts for work, and for the furnishing of materials and supplies for the city, and for the construction, alteration, repair and care of all public works, institutions, buildings and other property, subject to the approval of the mayor in writing, and shall have, subject to the mayor, the di¬ rection and control of all the executive and adminis¬ trative business of the city. They shall be at all times accountable to the mayor, as the chief executive of¬ ficer, for the proper discharge of their duties. Sec. 36. Every board and every officer above named, not a member of a board, shall keep a record 2 3 of all official transactions, and such record shall be open to public inspection. Sec. 37. The city council shall require the auditor of accounts, the treasurer and such other officers as are entrusted with the receipt, care and disbursement of money, to give bonds with such security as it shall deem proper for the faithful discharge of their re¬ spective duties. TITLE VII. GENERAL PROVISIONS. Sec. 38. Every person elected or appointed to the office of treasurer, tax collector, city clerk, auditor of accounts, or to any administrative office named in the preceding title of this act, shall, within five days after notice of such election or appointment, except as herein otherwise provided, take and subscribe, before the mayor or city clerk, or a justice of the peace, an oath or affirmation faithfully to perform the duties of his office, which oath or affirmation, or a certified copy thereof, shall be hied in the office of the city clerk. Sec. 39. No person shall be eligible for election or appointment to any office established by this act, unless at the time of such election or appointment he x shall have been a citizen of the United States for at least one year, nor to any such office except the offices of commissioner of highways and of buildings, chief 24 of police and chief engineer of the fire department, unless at the time of such election or appointment he shall have been a resident of the city for at least one year. No person shall be eligible for election as a councilman from wards unless he shall have been a resident of the ward for which he is elected for at least six months previous to his election. Sec. 40. Any office established by or under this act shall become vacant if the incumbent thereof ceases to be a resident of the city. The conviction of the incumbent of any such office of a crime pun¬ ishable by imprisonment shall operate to create a vacancy in the office held by him. Sec. 41. The administrative officers and boards above named in title six shall, annually, on or before the first day of March, furnish to the mayor an item¬ ized and detailed estimate of the moneys required for their respective departments or offices during the en¬ suing financial year. The mayor and city treasurer shall examine such estimates, and shall submit the same to the city council on or before the first day of April, with their itemized and detailed recommenda¬ tions thereon. No gross appropriation of money, and no item thereof, in excess of the recommendations of the mayor and city treasurer, in case they shall agree in such recommendations, shall be passed by the council, except by the affirmative vote of two-thirds of the members present and voting, and in no case by vote of less than a majority of all the members of the council. 2 5 Sec. 42. Every officer and employee of the city, other than those mentioned in section thirty-four of this act, shall, at the request of the city council, appear before it and give such information as it may require in relation to any matter, act or thing con¬ nected with his office or employment or.the discharge of the duties thereof. Sec. 43. The city council shall establish by ordi¬ nance the regular salaries or remuneration of the offices established by this act, in case the same is not fixed herein, and of such other offices as.may here¬ after be established, and no ordinance of the council changing any such salary or remuneration shall take effect until the municipal year succeeding that in which the ordinance is passed. Such salary shall be in full for all services rendered the city in their re¬ spective offices. Sec. 44. The city council shall appropriate annu¬ ally in the months of March and April the amount necessary to meet the expenditures of the city for the current municipal year. It shall take care that no money is paid from the treasury unless granted or appropriated, and shall secure a just and proper ac¬ countability by requiring bonds with sufficient penal¬ ties and sureties from all persons entrusted with the receipts, custody or disbursement of money. It shall as often as once in each year, ten days at least prior to the annual election, cause to be published for the use of the inhabitants a particular account of the re- 2 6 ceipts and expenditures of said city and a schedule of all city property and of the city debt. Sec. 45. No sum appropriated for a specific pur¬ pose shall be expended for any other purpose, and no expenditure shall be made, nor liability incurred, by or in behalf of the city, until an appropriation has been duly voted by the city council sufficient to meet such expenditure or liability, together with all prior unpaid liabilities which are payable out of such appropriation: provided , however, that, after the ex¬ piration of the financial year and until the passage of the regular annual appropriations, liabilities payable out of a regular appropriation to be contained therein may be incurred to an amount not exceeding one- third of the total of each appropriation for the pre¬ ceding year. Sec. 46. Nothing herein contained shall affect the enforcement of the provisions of chapter three hun¬ dred and twenty of the acts of the year eighteen hun¬ dred and eighty-four, being “An Act to improve the civil service of the Commonwealth and the cities thereof,” or any acts or amendments in addition thereto or of the rules made by the commissioners appointed thereunder; and the city council shall make sufficient and proper appropriations for the carrying out and enforcement of said act and such rules in said city. Sec. 47. All contracts made by any department of the city shall, when the amount involved is five hundred dollars or more, be in writing, and no such 27 contract shall be deemed to have been made or ex¬ ecuted until the approval of the mayor is affixed thereto. All such contracts shall be accompanied by a bond with securities that are satisfactory to the board or committee having the matter in charge, or deposit of money or other security for the faithful performance of such contracts, and such bonds or other security shall be deposited with the city auditor until the contract has been carried out in all respects; and no such contract shall be altered except by a written agreement of the contractor, the sureties on his or their bond, and the officer or board making the contract, with the approval of the mayor affixed thereto. Sec. 48. Whenever mechanical or other work is required to be done or supplies are required for the city at a cost amounting to two hundred dollars or more, the board or committee having the matter in charge, shall invite proposals therefor by advertise¬ ments in not more than two newspapers published in said city, such advertisements to state the time and place for opening the proposals in answer to such advertisements, and the right to said board or com¬ mittee to reject any or all proposals. Every proposal for doing such work or making such sale shall be accompanied by a certificate of deposit not less than $25.00, or in no case less than five per cent, of the amount of the proposal, for the faithful performance of such proposal, and all such proposals shall be kept 28 by the officer or board inviting the same, and shall be open to public inspection after said proposals have been accepted or rejected. Should the party to whom the award is made, fail to perform the obligations of his agreement, the amount of the certificate of deposit becomes forfeited to the city. Sec. 49. Neither the city council nor any member or committee thereof shall directly or indirectly take part in the employment of labor, the making of con¬ tracts, the purchase of materials or supplies, the construction, alteration or repair of any public works, buildings or other property, or the care, custody or management of the same, or in the conduct of any of the executive or administrative business of the city, or in the expenditure of public money, except such as maybe necessary for the contingent and incidental expenses of the city council, nor in the appointment or removal of any officers except as herein otherwise provided; but nothing in this section contained shall affect the powers or duties of the council in relation to state aid to disabled soldiers and sailors, and to the families of those killed in the civil war. Sec. 50. The lire limits of said city of Gloucester shall remain as they now are, provided however, that they may be extended at any time by a majority vote of the city council. Sec. 51. The passage of this act shall not affect any right, accruing or accrued, or any suit, prosecution or other legal proceeding pending, at the time when 2 9 it shall take effect by acceptance, as herein provided, and no penalty or forfeiture previously incurred shall be affected thereby. All persons holding office in said city, at the time this act shall be accepted as aforesaid, shall continue to hold such offices until the organization of the new city government hereby authorized shall be affected, and until their respective successors shall be chosen and qualified. Sec. 52. The powers and duties granted and im¬ posed upon the city of Gloucester by chapter 451, of the acts of 1895, including the purchase or taking of any lands or other property or rights, shall be exer¬ cised by a board of three water commissioners, to be appointed by the mayor, one of whom he may desig¬ nate as chairman. Said commissioners shall be ap¬ pointed and hold their office from the time of their appointment for the terms of one, two and three years, respectively, from the first Monday of February next following their appointment, and thereafter one com¬ missioner shall be appointed each year for the term of three years from the first Monday in February; all such commissioners, except in case of removal, shall hold office until their successors are appointed in their stead; vacancies occurring during the term may be filled for the remainder of the term. No person shall be appointed commissioner who holds at the time any city office by popular election. The commissioners shall receive such compensation for their services as 3 ° the city council, by ordinance established, by a two- thirds vote, shall determine. Sec. 53. Said commissioners shall superintend and direct the construction, execution and performance of all the works, matters and things mentioned in the preceding section; they shall be subject to such or¬ dinances, rules and regulations in the execution of such duties as the city council may from time to time ordain and establish, not inconsistent with the pro¬ visions of this act and the laws of this Common¬ wealth. Said water commissioners shall make all contracts for the above purpose in the name and behalf of the city and such contracts shall be approved in writing by the mayor, before they are signed by the commissioners, but no contracts shall be made by them which involve the expenditure of money not already appropriated for the purpose by the city council. A majority of said commissioners shall be a quorum for the exercise of the powers and the per¬ formance of the duties of the commission. Sec. 54. Upon an acceptance of this act, as herein provided, the city council of said city shall forthwith divide the territory thereof into nine (9) wards, so that the wards shall contain, as nearly as may be consistent with well-defined limits to each, an equal number of voters, and they shall designate the wards by num¬ bers. They shall, for the purpose of the first munici¬ pal election to be held hereunder, which shall take place on the first Tuesday of December next succeed- 3 1 ing such acceptance, provide suitable polling places in the several wards, and give notice thereof; and at least ten days previous to such first Tuesday in December, the mayor shall appoint all proper election officers therefor, in the several wards of said Glou¬ cester. The registrars of voters shall cause to be prepared and published according to law lists of the qualified voters in each of the wards established by said city council. Sec. 55. Meetings in the several wards of said Gloucester, may be held for the purpose of sub¬ mitting the question of the acceptance of this act to the legal voters of said city at any time within ninety days after the passage thereof, except in the months of November and December. At such meet¬ ings the polls shall be open not less than eight hours, and the vote shall be taken by ballot in accordance with the provisions of Chapter four hundred and seven¬ teen of the acts of the year eighteen hundred and ninety-three, and acts and amendments in addition thereto so far as the same shall be applicable, in answer to the question, “ Shall an act passed by the General Court in the year eighteen hundred and nine¬ ty-six, entitled, an Act to amend the Charter of the City of Gloucester, be accepted?” and the affirmative votes of a majority present and voting thereon shall be required for its acceptance. If at any meetings so held, this act shall fail to be thus accepted, it may, at the expiration of three months from any such previous 32 meetings, be again thus submitted for acceptance, but not after two years from the passage thereof. Sec. 56. So much of this act as authorizes the submission of the question of its acceptance to the legal voters of the said city shall take effect upon its passage, but it shall not take further effect unless approved by the legal voters of said city as herein prescribed.