USA > Massachusetts > Middlesex County > Lowell > The Lowell Directory 1838 > Part 3
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SECTION 7th. The administration of police, the executive powers of the city with all the powers heretofore vested in the selectmen and overseers of the poor, of the town of Lowell, are hereby vested in the Mayor and Aldermen, as fully as if the same were hereinenumerated, who shall be ex- officio members of the school committee. The Mayor and Aldermen may also grant licenses to innholders, common victualers, and retailers, within the city, in all cases wherein the County Commis- sioners for the County of Middlesex, on the re- commendation of the selectmen of Lowell, have heretofore been authorized to grant such licenses; and may appoint annually, such a number of per- sons as constables for the city, and from time to time such special constables as the public service may require; all of whom shall be removable at the pleasure of the Mayor and Aldermen: and the constables so appointed shall have the same pow-
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ers as are by law vested in constables chosen by towns in this Commonwealth. And the Mayor and Aldermen may cause the public streets of the city to be lighted, and for that purpose may set up and construct lamps, gas pipes, or other apparatus, such as public necessity or convenience may re- quire.
SECTION 8th. All other powers now by law vested in the town of Lowell, or in the inhabitants thereof, as a municipal corporation, shall be, and hereby are, vested in the Mayor, Aldermen and Common Council of the City, to be exercised by concurrent vote-each board having a negative upon the other. Especially, they shall have pow- er to make all such needful and salutary by-laws, as towns by the laws of this Commonwealth have power to make and annex penalties, not exceeding twenty dollars, for the breach thereof, which by- laws shall take effect, and be in force, from and after the times therein respectivelylimited, without the sanction or confirmation of any court or other authority whatever: Provided, that such by-laws shall not be repugnant to the laws of this Com- monwealth; and shall be liable to be annulled by the legislature thereof. The city council from time to time, may lay and assess taxes for which towns are by law required or authorized to assess or grant money, and also for all purposes necessary for carrying into effect the powers conferred by this act : provided however, that, in the assess- ment and proportionment of such taxes, the same rules and regulations shall be observed, as are now established by the laws of this Commonwealth, or may hereafter be enacted, relative to the assess- ment and apportionment of town taxes. The city council may provide for the assessment and collec-
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tion of such taxes, make appropriations of all pub- 1:c moncys,and provide for the disbursement there- of, and take suitable measures to ensure a just and prompt account thereof, and for these purposes may either elect such assessors and assistant as- sessors as may be needful, or provide for the ap- pointment or election of the same, or any of them, by the Mayor and Aldermen, or by the citizens, as may be most conducive to public good, and shall also require of all persons entrusted with the col- lection, custody or disbursment of public moneys, such bonds with such conditions and such sureties as the case-may require.
SECTION 9th. The city council may provide for the appointment or election of all officers necessa- ry for the good government of the city, not other- wise provided for; prescribe their duties and fix their compensation; cause any street or streets, public places or squares in the city to be graded, paved, macadamized, or repaired; and cause per- manent side-walks to be constructed on the same, in front of buildings, at the expense of the owners thereof, and temporary ones in front of vacant lands al the expense of the abuttors or of the city, which side-walks, when accepted by said council, shall be afterwards maintained at the expense of the city, whenever the convenience of its inhabitants may require the same, and cause drains and common sewers to be laid down through any streets or priv- ate lands, paying the owners thereof such damage as they may sustain thereby; and require all per- sons to pay a reasonable sum for the privilege of opening any drain into said public drain or common sewer; and lay out, make and continue, or discon- line all city and town ways or streets within the timits of the city; and widen or straighten county
CITY CHARTER.
ways, within the city, in such manner as the public convenience may require; and any party agrieved by such building of side-walks, laying of drains or common sewers, and alterations of ways, shall have the same remedies as are provided by law for the doings of county commissioners. The city council may also make and establish necessary or fit rules and by-laws for the inspection, survey, measurment and sale of timber, brick, wood, coal, and bark for fuel, brought into the city for sale, and for the regulation of carriages in the streets of the city; appoint certain places in the streets and squares of the city, as public stands for wagons, carts, sleds and carriages of . very descripti n, and ordain fit penalties, not exceeding twenty dollars for the breach of any of the ordinances, rules and regulations so made and established, to be recov- ered upon complaint of any officer or other inhabit- ant of the city, before the police court therein, for the use of the city. The city council shall also 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, and to purchase property in the name and for the use of the city, whenever its interest or convenience may require. The city council may, by a committee, by them appointed, or by instructions to any officer having charge of the streets, appropriate, set off and reserve, as sidewalks, such parts of any streets of the city, as may be necessary for the safety, convenience, and accommodation of foot passengers, and permit or direct posts of stone or wood, or trees if necessary, to be placed along the edge of said sidewalks to protect the same, or the passengers traveling thereon.
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SEC 10. All the power and authority, now or hereafter, to be by law invested in the Boards of Health of towns in this Commonwealth, shall be and the same are hereey transferred to, and vested in the city council, to be carried into execution by the appointment of Health Commissioners, or in such other manner as the health and cleanliness of the city may require, subject to such alterations as the Legislature. from time to time, adopt.
SEC. 11. The Mayor, Aldermen and Common Council, shall, as soon as convenient, after their annual organization, meet in convention, and elect a 'Treasurer of the city.
SEC. 12. The persons elected to constitute the School Committee, shall enter upon their duties on the first Monday of April in each year, and shall hold their offices for the term of one year from the time of their so entering upon said duties; and they shall have the same powers and perform the same duties as are by law vested in and required of the School Committees of towns and school dis- tricts in this Commonwealth.
SEct 13. All boards and officers, acting under the authority of the city, and entrusted with the receipt and expenditure of public money, shall be accountable therefor to the city council, in such manner as they direct. And the city council shall publish and distribute, annually, for the infor- mation of the citizens, a particular statement of the receipts and expendituresof all public moneys, and a particular statement of all city property, five days at least, prior to the first monday in Febru- ary.
SEC. 14. In all cases in which appointments to office are directed to be made by the Mayor and Aldermen, the Mayor shall have exclusive power
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of nomination; such nomination, however, being subject to be confirmed or rejected by the Board of Aldermen: Provided, however, that no person sha'l 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 of the city council.
SFC. 15. The two branches of the city council, on the second Monday of October, in cach year, shall meet in convention, and determine the num- ber of Representatives, which it may be expedient for the city to elect to the General Court in such year, and shall publish such determination, which shall be conclusive; and the number thus deter- mined, shall be specified in the warrant calling & meeting for such election of Representatives.
SEC. 16. The inhabitants of the city qualified as aforesaid, may, at any meeting legally called for that purpose, order a division of the town into six wards, in such a manner, as to include an equal number of inhabitants in each ward, as nearly as conveniently may be, consistently with weil defin- ed limits to each ward, including in such computa- tion of numbers of inhabitants, persons of all des- criptions, and taking the last census made under the authority of the United States, this Common- wealth, or of the city, as a basis of computation; Provided, however, not more than two meetings for that purpose shall be holden in any one year. And after said division into wards, the same shall not be altered, except by the city council once in five years, in such manner as to preserve as nearly as may be, an equal number of inhabitants in each ward.
SEC. 17. Prior to every election of city officers or of any officer of officers under the government
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of the United States, or this Commonwealth, the Mayor and Aldermen shall make out lists of all the citizens of each ward, qualified to vote in such election, in the manner in which selectmen and assessors of towns are required to make out simi- lar 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 the city. And the Mayor and Aldermen shall de- liver such lists of voters in each ward, to be used by the warden and inspector thereof, at such elec- tion; and no person shall be entitled to vote at election, whose name is not borne on the list; and to prevent all frauds and mistakes in such elections the officers presiding thereat shall take care that no person shall vote at such election, whose name is not borne on the list of voters, and shall cause a mark to be placed against the name of each voter on such list, at the time of giving his vote.
SEC. 18. At the first meeting of the inhabit- ants of the city, for election of officers, in their several wards, the persons authorized to issue a warrant for said meeting, may designate some suitable person to preside at each ward meeting until the clerk of the ward shall be chosen and qualified, and the person so presiding shall receive, sort, count and declare the votes given for such clerk in open ward meeting, and the person hav- ing a majority of all the votes given, shall be de- clared elected, and such presiding officer shall re- cord the state of the votes in a book to be kept by the ward for that purpose.
SEC. 19. On the last Monday of Felriary, in each year, the citizens of the city, qualified to vote in city affairs, shall meet together within their res-
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pective wards, at such time and places as the May- or and Aldermen may in their warrant direct and appoint, and the citizens shall then choose by bal- lot one warden and one clerk, who shall hold their offices for one year, or until others shall be appoint- ed in their stead. And such wardens shalt have the same power as moderators at town meetings have. And such clerk shall make a fair and true record, and keep an exact journal of all the acts and votes of the citizens at such ward meetings; and 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 office. And if, at the oponing of the annual meet- ing, the warden of such ward shall not be present, the clerk of such ward shall call the citizens to order, and preside at such meeting until a warden shall be chosen by ballot. And if, at any other meeting the warden shall be absent, the clerk in such case, shall so preside, until a moderator or warden pro tempore, shall be chosen; which may be by nomination and vote, if the clerk so direct.
At such meeting also, three inspectors of elec- tions shall be chosen for such ward, being resident therein, by baliot, to hold their offices for one year. And the warden and inspectors, in each ward, shall receive, sort, count and declare all votes, at all elections within said ward. And the warden, clerk and inspectors, so chosen, shall respectively be under oath, faithfully and impartially to dis- charge their several duties, relative to all elec- tions; which oath may be administered by the clerk of such ward to the warden, and by the latter to the clerk and inspectors, or by any Justice of the Peace of the county of Middlesex. And certifi- cates of such oaths having been administered, shall
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be entered in the record or journal to be kept by the clerk of such ward. And if, at any meeting, the clerk should be absent, a clerk pro tempore shall be chosen by ballot.
SEC. 29. The inhabitants of the city, qualified to vote in city affairs at their respective ward meetings, to be held on the first Monday of March in each year, shall be called upon to give in their votes for one person to be the Mayor, six persons to constitute the board of Aldermen, and four per- sons being inhabitants of said ward, to be mem- bers of the common council, and one person being also an inhabitant of sald ward, to be a member of the school committee, and all the votes so giv- en in each ward being counted and declared by the warden and inspectors of elections, shall be recorded at large by the clerk in open ward meet -. ing; and in making such declaration and record the whole number of votes given in shall be dis- tinctly stated, together with the name of every person voted for, and the number of votes given: for each person, such numbers to be expressed in words at length and transcript of such record cer- tified and authenticated by the warden, clerk and a majority of inspectors of elections for each ward' shall be forthwith transmitted or delivered by such ward clerk to the clerk of the city. And the city clerk shall forthwith enter such returns, or a plain and intelligible abstract of them, as they are successively received, upon the journal of the proceedings of the Mayor and Aldermen, or some other book to be kept for that purpose. And the Mayor and Aldermen shall meet together within two days after such election, and examine and compare all the said returns, and ascertain what persons shall have been elected to the offices
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aforesaid, and give notice in writing to all persons lected to the several offices aforesaid, and also make the same known to the inhabitants of the city. But if on such examination, said elections shall not be complete, the Mayor and Aldermen shall issue their warrants for meetings in such wards as shall have failed to complete their elec- tions; and the same proceedings shall be had in all respects as are hereinbefore directed, until such persons shall be chosen by a majority of all the voters voting in such elections.
Provided, however, that until the city be divided into wards according the 16th section of this act, the inhabitants of the city shall meet on the first Monday of March annually, at such time and place as the Mayor and Aldermen shall, by their warrant calling such meeting, appoint, and the city clerk presiding, shall then and there choose a moderator to preside over said meeting, who shall have the power and authority given to moder- ators of town meetings by the laws of this Com- monwealth, and shall then and there vote by bal- lot for one person to be Mayor, six persons to be Aldermen, twentyfour persons to be members of the common council, and six persons to be mem- bers of the school committee for the city. And the Moderator and Aldermen, or a majority of them, shall receive, sort, examine and count the votes at such meeting given in for said Mayor, Al- dermen, Common Council and School Committee, and the same shall be declared by the moderator, and recorded by the city clerk in open meeting in the journal of the proceedings of the Mayor and Aldermen, or some other book kept for that pur- pose ; and in making such declaration and record, the whole number of votes shall be distinctly sta-
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ted, together with the name of each person voted for; and the number of votes given for each person respectively. And in case said elections shall not be completed at the first balloting, said meeting shall adjourn for not less than one day nor more than four days: and at such adjourned meeting the balloting shall be renewed for completing the same proceedings thereupon had as herein before directed; and such adjournment and balloting shall be renewed from time to time, if necessary, until persons are elected to fill all said offices, by a ma- jority of the voters voting at such election. And the Mayor and Aldermen shall ascertain by in- spection of said record, what persons are so elec- ted, and give notice thereof in writing to every person having such majority, within two days after such election. Provided further, That, if after three ballotings, there be no choice of Mayor, then a Mayor shall be chosen from the two persons hav- ing the highest number of votes for that office, by joint ballot of the board of Aldermen and common council, in city council assembled.
SEC. 21. For the purpose of organizing the system of Government, hereby established, and putting the same into operation in the first in- stance, the selectmen of the town of Lowell, for the time being, shall seasonably before the first Monday of May next, issue their warrant for call- ing a meeting of the inhabitants of said town, qual- ified to vote in town affairs, at such time and place as they shall think expedient for the purpose of giving in their votes for a Mayor, six Aldermen, twenty-four members of the Common Council, and six members of the School Committee. And the votes so given in, shall be received; sorted counted examined and declared by the selectmen, and re
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corded by the town clerk. And in case said elec- tion shall not be completed at the first balloting, may be renewed, and the selectinen may adjourn the meeting from time to time, is necessary, for not less than one day nor more than four days at any one adjournment, until said election shall be completed. And the selectmen shall give notice, in writing, within two days after such election, to the persons elected by a majority of the voters voting at such meeting. And the persons so elec- ted shall organize themselves, and enter upon the duties of their respective offices on the first Mon- day in May, in the same manner as is provided in the second section of this act; and may continue in office until the first Monday of April, in the year one thousand eight hundred and thirty-seven.
SEC. 23. All elections for Governor, Lieuten- ant Governor, Senators, County Treasurer, Rep- resentatives, 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 dualified to vote in such elections, in their respective wards, at the time fixed by law for those elections respectively. At such meetings, all the votes given in, being sorted, counted, and declared by the warden and inspectors of elections shall be recorded at large in open ward meeting, by the clerk, and in making such declaration and record, the whole number of votes given in shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each person; such numbers to be ex- pressed in words at length. And a transcript of such record, certified and authenticated by the warden, clerk, and a majority of inspectors of elec- tions for each ward, shall forthwith be transmitted
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or delivered by such ward clerk to the city clerk. And the city clerk shall enter such returns, or a plain and intelligible abstract of them, as they are successively received, upon the journal of the proceedings of the Mayor and Aldermen, or some other book to be kept for that purpose. And the Mayor and Aldermen shall meet together within two days after every such election, and examine and compare all such returns, and thereupon inake out a certificate of the result of such election, to be signed by a majority of the board of Aldermen, and also by the city clerk, which shall be trans- mitted, delivered or returned, in the same manner as similar returns are by law required 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 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 le- gally returned, the same proceedings shall be had as is required by the laws of this Commonwealth in case of towns failing to elect their representa- tives: Provided however, That until such time as the city shall be divided into wards according to the sixteenth section of this act, the inhabitants of said city, qualified as in this section aforesaid, at all the elections in this section above mentioned, shall meet on the days fixed by law for those elec- tions respectively, at such time and place as the Mayor and Aldermen, for the time being, may by their warrant calling such meeting, appoint; and the same proceedings in all respects shall be had as are by law provided in the case of town meet- ings for said elections. And the like proceedings,
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in all respects, shall be had in regard to making out, authenticating and returning a certificate of the result of each of such elections as are above in this section provided.
SEC. 23. General meetings of the citizens qualified to vote in city affairs may, from time to time be held to consult upon the public good, to give instructions to their representatives, and to take all lawful measures to obtain a redress of grievances according to the right secured to the people by the constitution of this Commonwealthi. And such meetings shall be duly warned by the Mayor and Alderinen upon the requisition of fifty qualified voters of the city, and in case the May- or and Aldermen refuse to call a meeting, any Justice of the Peace of county upon the same re- quisition is authorized, if he shall think proper, to call such meeting by a warrant under his hand, directed to the constables of the city, if any there be, and, otherwise to any of the persons applying therefor, directing them to summon the inhabit- ants qualified to vote in city affairs, to assemble at the time and place, and for the purpose express- ed in said warrant.
SEC. 24. The annual election of officers of the town of Lowell, in the months of March and April, in the year eighteen hundred and thirty six, shall be suspended. And all officers, now in of- fice shall hold their places until this act shall go into operation.
SEC. 25. All officers of the town of Lowell; having the care and custody of any records, pa- pers or property, shall deliver the same to the city clerk within two days after entering upon the du- ties of his office.
SEC. 25. All acts and parts of acts, inconsis-
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tent with, or repugnant to the : provisions of this act, shall be, and thre same are hereby repealed. But nothing in this act contained shall be so con- structed as to restrain or prevent the legislature from amending or altering the same whenever they shall deem it expedient.
SEC. 27. This act shall be void unless inhab- itants of the town of Lowell, at a legal town meet- ing called for that purpose, shall, by a majority of voters present, and voting thereon by a written vote, determine to adopt the same within fourteen days after the passing of this act.
WARD BOUNDARIES.
Ist. The City of Lowell is hereby divided into Wards, agreeably to the provisions and for the pur- pose expressed in the sixteenth section of the City Charter.
2d. All that part of the City which is contain- ed in the territory herein after described, shall con- stitute one ward, and be called ward No. 1, namely:
Beginning at Merrimack River at the northeast- erly corner of the Merrimack Manufacturing Com- pany's land, thence running southerly and west- erly, following the line between the land of the proprietors of the Boott Cotton Mills and land of said Merrimack Manufacturing Company to the Merrimack Canal. Thence southerly, along the middle of said Canal to the bridge in Lowell street thence westerly along the middle of Lowell street to the "Western Canal," (so called) thence north- erly along the middle of said Western Canal to Moody street, thence easterly along the middle of Moody street to Tilden street, thence northerly along the middle of Tilden street and by the Mer- rimack Manufacturing Company's land to Merri- mack River, thence easterly on said river to the point of beginning.
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