USA > Massachusetts > Massachusetts directory; being the first part of the New-England directory 1835 > Part 15
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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 account thereof; and for these purposes, may either elect such asses- sors, 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 citizens, as in their judg- ment may be most conducive to the public good, and may also require of all persons entrusted with the collection, cus- tody, or disbursement of public moneys, such bonds with such conditions and such sureties, as the case may in their judg- ments require.
SECT. 16. Be it further enacted, That the said City Coun- cil shall have power, and they are hereby authorized to provide for the appointment or election of all necessary officers, for the good government 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 compose one county. The City Council also shall have the care and superintendence of the public buildings, and the care, custody and management of all the property of the city, with power to lease or sell the same, (except the Common and Faneuil Hall,) with power also to purchase property, real or personal, in the name, and for the use of the city, whenever its interest or convenience may in their judgment, require it.
SECT. 17. Be it further enacted, That all the power and authority now by law vested in the Board of Health for the town of Boston, relative to the quarantine of vessels, and rela- tive to every other subject whatsoever, shall be, and the same is hereby transferred to, and vested in the said City Council, to be carried into execution by the appointment of Health Commissioners, or in such other manner as the health, clean- liness, comfort, and order of the city may, in their judgment, require, subject to such alterations as the Legislature may from time to time adopt.
SECT. 18. Be it further enacted, That the Mayor and Aldermen of said city, and 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 person to be Treasurer of said city.
SECT. 19. Be it further enacted, That the citizens at their respective ward meetings, to be held on the second Mon- day of 'April,' [altered to December, see page 170,] annually, shall elect by ballot, ["a number of persons to be determined by the City Council, but not less than three in each ward, to be Firewards of said city, who together shall constitute the board
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of Firewards of said city, and shall have all the powers, and be subject to all the duties, now by law appertaining to the Fire- wards of the town of Boston, until the same shall be altered or qualified by the Legislature."] [Power to choose firewards transferred to the Muyor and Aldermen, Act June 13, 1825.] And the said citizens shall, at the same time and in like manner, elect one person in each ward, to be an Overscer of the Poor ; and the persons thus chosen shall together constitute the Board of Overseers for said city, and shall have all the powers and be subject to all the duties, now by law appertaining to the Overseers of the Poor for the town of Boston, until the same shall be altered or qualified by the Legislature. And the said citizens shall, at the same time and in like manner, elect one person in each ward, to be a member of the School Commit- tee for the said city ; and the person so chosen shall, jointly with the Mayor and Aldermen, constitute the School Commit- tee for said city, and have the care and superintendence of the public schools .- [ See page 173.]
SECT. 20. Be it further enacted, That all boards, and officers, acting under the authority of the said corporation, and entrusted with the expenditure of public money, shall be ac- countable 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 expendi- tures of all public moneys, and a particular statement of all city property.
SECT. 21. Be it further enacted, That 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 sub- ject to be confirmed or rejected by the Board of Aldermen : Provided, however, That no person shall be eligible to any office, the salary of which is payable out of the city treasury, who at the time of his appointment, shall be a member either of the Board of Aldermen or Common Council.
SECT. 22. Be it further enacted, That it shall be the duty of the two branches of the City Council, in the month of ' May,' [altered to October, see page 172,] in each year, after their annual organization, to meet in convention, and determine the number of Representatives which it may be expedient for the corporation to send to the General Court in such year, within its constitutional limits, and to publish such determination, which shall be conclusive, and the number thus determined shall be specified in the warrant calling the meeting for the election of representatives ; and neither the Mayor, nor any Alderman, or members of the Common Council, shall, at the
18*
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same time, hold any other office under the city government. SECT. 23. Be it further enacted, That all elections for Governor, Lieutenant Governor, Senators, Representatives, Representatives to Congress, 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 re- spective wards, at the time fixed by law for those elections respectively. And at such meetings, all the votes given in, being collected, sorted, counted, and declared by' the inspec- tors of elections 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, 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 fortlıwith be transmitted or deliv- ered by each ward clerk to the clerk of the city. 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 suc- cessively 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 Alder- men to meet together within two days after every such elec- tion, and examine and compare all the said returns, and thereupon to make out a certificate of the result of such elec- tion, to be signed by the Mayor and a majority of the Alder- men, and also by the City Clerk, which shall be transmitted, delivered, or returned, in the same manner as similar returns are by law directed to be made by the Selectmen of towns ; 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. And in all elections for representatives to the General Court, in case the whole num- ber 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, Provided, however, That it shall be the duty of the Selectmen of the said town of Boston, within twelve days from the passing of this Act, to call a meeting of the qualified voters of the said town to give in their ballots on the following question :- Shall the election for State and United States officers be holden in gen- eral meeting ? And it shall be the duty of the Selectmen to preside at the said meeting to receive, sort, count, and declare the votes given in, and to forward a certificate of the result to the Secretary of the Commonwealth, and publish the same in
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two or more of the newspapers printed in Boston; and if a majority of the votes so given in shall be in the negative, then the provisions of the preceding part of this section shall reg- ulate the said elections in wards ; but if a majority of the votes given in as aforesaid shall be in the affirmative, then the said elections for State and United States officers shall be holden in the manner prescribed by the constitution and laws of the Commonwealth, with the exception that the Mayor and Aldermen and City Clerk, shall perform the duties now re- quired by law to be performed by the Selectmen and Town Clerk. [ See page 169.]
SECT. 24. Be it further enacted, That prior to every election of City officers, or of any officer or officers under the government of the United States or of this Commonwealth, it shall be the duty of said Mayor and Aldermen to make out lists of all the citizens of each ward, qualified to vote in such elec- tion, in the manner in which Selectmen and Assessors of towns are required to make out similar lists of voters, and for that purpose they shall have free access to the Assessors' books and lists, and be entitled to the aid and assistance of all As- sessors, Assistant Assessors, and other officers of said city. And it shall be the duty of said Mayor and Aldermen to deliver such list of voters in each ward, so prepared and cor- rected, to the Clerk of said ward, to be used by the Warden and Inspectors thereof at such election ; and no person shall be entitled to vote at such election, whose name is not borne on such list. And to prevent all frauds and mistakes in such elections, it shall be the duty of the Inspectors, in each ward to take care that no person shall vote at such election, whose name is not so borne on the list of voters, and to cause a mark to be placed against the name of each voter on such list, at the time of giving in his vote.
SECT. 25. Be it further enacted, That general meetings of the citizens, qualified to vote in city affairs, may from time to time be held, to consult upon the common good, to give in- structions 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 Commonwealth. And such meetings shall and may be duly warned by the Mayor and Aldermen, upon the requisition of fifty qualified voters of said city.
SECT. 26. Be it further enacted, That all warrants for the meetings of the citizens, for municipal purposes to be had either in general meetings or in wards, shall be issued by the Mayor and Aldermen, and shall be in such form, and shall be served, executed, and returned at such time, and in such man- ner, as the City Council may, by any by-law, direct and ap- point.
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SECT. 27, Be it further enacted, That for the purpose of organizing the system of government hereby established, and putting the same into operation in the first instance, the Se- lectmen of the town of Boston, for the time being, shall seasonably, before the second Monday of April next, issue their warrants for calling meetings of the said citizens in their respective wards, qualified to vote as aforesaid, at such place- and hour as they shall think expedient, for the purpose of choosing a Warden, Clerk, and five Inspectors of Elections. and also to give in their votes for a Mayor and eight Alder- men, for said city, and four Common Councilmen, three Fire- wards, one Overseer of the Poor, and one member of the School Committee, for each ward ; and the transcripts of the records of each ward, specifying the votes given for Mayor and Aldermen, Firewards, Overseers, and members of the School Committee, certified by the Warden, Clerk. and a majority of the Inspectors, of such ward, shall at said first election, be returned to the said Selectmen of the town of Boston, whose duty it shall be to examine and compare the same. And in case said elections shall not be complete at the first election, then to issue a new warrant, until such election shall be completed, and to give notice thereof, in the manner herein before directed, to the several persons elected. And at said first meeting, the Clerk of each ward, under the present organization, shall call the citizens to order, and preside until a Warden shall be chosen ; and at said first meeting, a list of voters in each ward, prepared and corrected by the Select- men of the town of Boston, for the time being, shall be delivered to the Clerk of each ward, to be used as herein before directed.
SECT. 28. Be it further enacted, That so much of the act heretofore passed, relative to the establishment of a Board of Health for the town of Boston, as provides for the choice of members of the said Board, and so much of the several acts relative to the assessment and collection of taxes within the town of Boston, as provides for the election of Assessors, Assistant Assessors, also all such acts, and parts of acts, as come within the purview of this act, and which are inconsis- tent with, or repugnant to the provisions of this act, shall be, and the sanie are hereby repealed.
SECT. 29. And whereas by the laws of this Common- wealth, towns are authorized and required to hold their annual meetings some time in the monthis of March or April, in each year for the choice of town officers ; and whereas such meet- ing, in the month of March in the present year, for the town of Boston, would be useless, and unnecessarily burthensome : Therefore,
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Be it further enacted. That the annual town meetings, in the months of March or April be suspended, and all town officers now in office shall hold their places until this act shall go into operation.
SECT. 30. Be it further enacted, That nothing in this act contained shall be construed as to restrain or prevent the Legislature from amending or altering the same, whenever they shall deem it expedient.
SECT. 31. Be it further enacted, That this act shall be void, unless the inhabitants of the town of Boston, at a legal town meeting, called for that purpose, shall by a written vote, determine to adopt the same within twelve days.
At a legal meeting of the freeholders and other in- habitants of the town of Boston, holden at Faneuil Hall, on Monday the 4th day of March, A. D. 1822.
This meeting was called in conformity to the 23d and 21st sections of an act, entitled "An act to establish the City of Boston," passed on the 23d day of February, 1822.
The Selectmen presiding, the Chairman submitted the fol- lowing questions to the qualified voters of the town, and requested them to write yes or no, against each question.
1st Question. Will you accept the Charter granted by the Legislature, entitled "An act to establish the City of Bos- ton ?"
2d Question. Shall the elections for State and United States officers be holden in general meeting ?
Voted, That the Poll be closed at 3 o'clock.
At the close of the Poll it appeared that the whole number of ballots given in on the first question was
4,678
namely, Yeas, 2,797
Nays, 1,881 4,678
Majority, 916 for accepting the Charter.
The whole number of votes given in on the second ques- tion, was 4,700
namely, Yeas, 1,887 Nays, 2,813 4,700
Majority 926 against electing State and United States officers in general meeting.
The state of the votes was declared by the Chairman of the Selectmen, and then the meeting was dissolved.
ATTEST, THO'S CLARK, Town Clerk. A true copy from the Record.
ATTEST, S. F. M'CLEARY, City Clerk.
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ALTERATIONS OF, AND AMENDMENTS TO, THE CITY CHARTER.
Extract from "An Act, providing for filling vacancies in the Board of Aldermen, &c." [ Passed June 12, 1824.]
SECT. 6. Be it further enacted, That in case of the. death or resignation of any member of the Board of Alder- men, the citizens of Boston shall have power to fill such vacancy at any regular meeting that may thereafter be con- vened for that purpose.
An Act, in further addition to an Act entitled "An Act estab- lishing the City of Boston." [ Passed Jun. 27, 1825.]
SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the election of the Mayor, Alder- men, and Common Councilmen, and such other officers of the city of Boston, as are now by law to be chosen on the second Monday in April annually, shall in future be made on the second Monday in December annually, and the said officers so. chosen shall hold their respective offices for the same term of time, and the same proceedings shall be had in relation to such elections as is provided in and by the Act, entitled, "An Act establishing the City of Boston," to which this is in addition : Provided nevertheless, That the next choice of the said city officers shall be made at such time, and in such manner, as are prescribed in and by the Act aforesaid, and the officers so elected shall severally hold their offices until the first Monday of January next, any thing in this act to the contrary notwith- standing.
SECT. 2. Be it further enacted, That the officers chosen under and by virtue of this Act, shall enter on the duties of their respective offices on the first Monday of Janu- ary in each year, and shall be liable to all the duties and restrictions, and shall exercise all the powers to which the said officers are respectively subject or entitled, under and by virtue of the Act to which this is in addition, and all other Acts having relation to this subject matter.
SECT. 3. Be it further enacted, That this Act shall be void, unless the inhabitants of the City of Boston, at any general meeting duly warned by public notice, of at least fourteen days, by the Mayor and Aldermen, shall, within sixty days from the passing hereof, by written vote adopt the same.
SECT. 4. Be it further enacted, That all the provisions of the Act to which this in addition, or of any other Act inconsistent with the provisions of this Act, shall be, and here- by are repealed.
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At a general meeting of the inhabitants of the City of Boston, held at Faneuil Hall, on the 25th day of February, Anno Domini, 1825.
The meeting was called for the purpose of giving in the written votes upon the adoption of the Act of the Legislature, entitled "An Act in further addition to an Act entitled an Act establishing the City of Bostou." .
Voted, That the poll be closed at one o'clock, P. M.
At the close of the Poll it appeared that the whole number of ballots given in was 102
namely, Yeas, Nays,
100
2 ---- 102
So the same was decided in the affirmative.
A true copy from Record,
ATTEST, S. F. M'CLEARY, City Clerk.
An Act providing in certain cases for the Election of Mayor of the City of Boston. [Passed June 5, 1830.]
SECT. 1. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the author- ity of the same, That whenever, on examination by the Mayor and Aldermen of the City of Boston, of the returns of votes given for Mayor at the meetings of the wards holden for the purpose of electing that officer, last preceding the first Mon- day of January, in each year, no person shall appear to have a majority of all the votes given for Mayor, the Mayor and Aldermen, by whom such examination is made, shall make a record of that act, an attested copy of which it shall be the duty of the City Clerk to produce and read, on the first Mon- day of January, in the presence of the Members returned to serve as Aldermen and Common Councilmen ; and thereupon the oaths prescribed by law may be administered to the mem- bers elect, by any one of the Justices of the Supreme Judicial Court, or any Judge of any Court of Record holden in said city, or by any Justice of the Peace for the county of Suffolk ; and thereupon the members of the Board of Aldermen shall proceed to elect a chairman, and the Common Council a pre- sident, in their respective chambers, and being respectively organized, shall proceed to business in the same manner as is provided in the tenth section of the city charter in case of the absence of the Mayor :- 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 directed in and by the provisions of the fifth section of the city charter, and
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MASSACHUSETTS DIRECTORY.
repeated from time to time, until a Mayor shall be chosen, by a majority of all the voters voting at such elections.
SECT. 2. Be it further enacted, That in case any person elected Mayor of said City shall refuse to accept the office, the same proceedings 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 Mayor elect, on the first Monday in Jan- uary, the City Government shall organize itself in the mode herein before provided, and may proceed to business in the same manner as if the Mayor were present.
SECT. 3. Be it further enacted, That this act shall be void, unless the inhabitants of said City of Boston, at a legal city meeting, called for that purpose, shall by a written vote, determine to adopt the same, within twelve days from the time of the passing of this act.
At a general meeting of the inhabitants of the City of Boston, qualified as the law directs, held at Fancuil Hall, on Wednesday, the sixteenth day of June, Anno Domini, 1830.
The meeting was called for the purpose of receiving the written votes yea or nay, for or against the act of the Legis- lature, passed on the fifth day of June instant, entitled "An Act providing in certain cases for the election of Mayor of the City of Boston."
The act above mentioned was read by the Moderator.
Voted, That the poll be closed at half past 12 o'clock.
At the close of the poll, the votes being sorted and counted, it appeared that the whole number was 73
namely,
68 yeas, 5 nays,
73
The same was declared in the affirmative, and the act adopted unanimously.
A true Copy. Attest, S. F. M'CLEARY, City Clerk.
An Act in further addition to an Act, entitled “ An Act estab- lishing the City of Boston." [Passed June 17, 1831.]
Be it enacted by the Senate and House of Representa tives in General Court assembled, and by the authority of the same, That the time for the City Council of the City of Bos- ton to meet in Convention, in order to determine the number of Representatives which it may be expedient for said City
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to send to the General Court, shall be in the month of October instead of May, in each year, any thing in the act to which this is in addition, to the contrary notwithstanding.
An Act in further addition to an Act establishing the City of Boston.
SECT. 1. Be it enacted by the Senate and House of Rep- resentatives, in General Court assembled, and by the authority of the sume, That the School Committee of the City of Bos- ton shall consist of the Mayor of said City, of the President of the Common Council of said City, and of twenty-four other persons, two of whom shall be chosen in each ward of said City, and who shall be inhabitants of the wards in which they are chosen ; said twenty-four members to be chosen by the inhabitants, at their annual election of municipal officers.
SECT. 2. Be it further enacted, That so much of the act to which this is in addition, as is inconsistent with the provisions of this act, is hereby repealed : Provided, however, that the present School Committee of said city shall continue in office, until a new committee shall be chosen under the provisions of this act. ['This act passed April 7, 1835, and subsequently a- dopted by the citizens.]
An Act for the further regulation of the erection of Wooden Buildings in the City of Boston.
SECT. 1. Be it enucted by the Senate and House of Rep- resentatives, in General Court assembled, and by the authority of the same, That, from and after the passing of this act, no wooden building of more than sixteen feet in height, from the ground or foundation thereof, shall be erected in the said city of Boston, except under the following limitations and restric- tions, namely : the dimensions of such building, on the ground, not to exceed twenty-five feet by fifty feet ; or, being in any other proportion, not to cover more than twelve hundred and fifty superficial feet of land ; the walls not to exceed twenty feet in height from the under side of the sills, which sills may be three feet six inches above the level of the street, to the eaves of the roof; the roof in the highest point thereof not to rise more than thirty-two feet from the under side of the sills aforesaid, and there shall be at least one scuttle at or near the highest point of said roof.
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