USA > Massachusetts > Middlesex County > Lowell > The Lowell Directory 1839 > Part 3
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SECT. 11. The Mayor, Aldermen and Com- mon Council, shall, as soon as convenient after their annual organization, meet in convention, and elect a Treasurer of the city.
SECT. 12. The persons elected to constitute the School Committee, shall enter upon their du- ties 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 3
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CITY CHARTER.
the 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 un- der 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 may direct. And the city coun- cil shall publish and distribute, annually, for the information of the citizens, a particular statement of the receipts and expenditures of all public mon- eys, and a particular slatement of city property, five days at least prior to the first Monday in Feb- ruary.
SECT. 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 of nomination ; such nomination, however, being subject 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 of the city council.
SECT. 15. The two branches of the city coun- cil, on the second Monday of October, in each year, shall meet in convention and determine the number of Representatives, which it may be ex- pedient 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 de- termined shall be specified in the warrant calling a meeting for such election of Representatives.
SECT. 16. The inhabitants of the city qualified as atoresaid, may, at any meeting légally called for that purpose, order a division of the town into six wards, in such manner, as to include an equal number of inhabitants in each ward, as nearly as
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conveniently may be, consistently with well de- fined limits to each ward, including in such com- putation of numbers of inhabitants persons of all descriptions, and taking the last census made un- der the authority of the United States, this Com- monwealth, or the city as a basis of computation ; Provided however, that not more than two meet- ings 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 coun- cil once in five years, in such manner as to pre- serve as nearly as may be, an equal number of in- habitants in each ward.
SECT. 17. Prior to every election of city offi- cers, or of any officer or officers under the govern- ment of the United States, or of this Common- wealth, 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 se- lectmen and assessors of towns are required to make out similar lists of voters, and for that pur- pose they shall have free access to the assessors' books and lists, and be entitled to the aid and as- sistance of all assessors, assistant assessors, and other officers of the city. And the Mayor and Al- dermen shall deliver such lists of voters in each ward, to be used by the Warden and Inspector thereof, at such election ; and no person shall be entitled to vote at such election, whose name is not borne on the list; and to prevent all frauds and mistakes in such elections, the officers presi- ding 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.
SECT. 18. At the first meeting of the inhabi- tants of the city for election of officers in their sev-
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eral wards, the persons authorized to issue a war- rant for said meeting, may designate some suita- ble person to preside at such ward meeting until the clerk of the ward shall be chosen and quali- fied; 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.
SECT. 19. On the last Monday of February in each year, the citizens of the city, qualified to vote in city affairs, shall meet together within their re- spective wards, at such time and place, as the Mayor and Aldermen may in their warrant direct, and the citizens shall then choose by ballot one warden and one clerk who shall hold their offices for one year, or until others shall be appointed in their stead. And such wardens shall have the same powers as moderators at town meetings. And such clerks 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, together with all other documents and papers held by him, in his said capacity, to his successor in office. And if at the opening of the annual meeting, the warden of such ward shall not be present, the clerk of such ward shall call the citizens to order, and pre- side at such meeting until a warden shall be cho- sen 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 nom- ination and vote, if the clerk so direct.
At such meeting also, three inspectors of elec- tions shall be chosen for such ward, being resident
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therein, by ballot, 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 un- der oath faithfully and impartially to discharge their severa! duties relative to all elections ; 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 certificates of such oaths having been administered, shall 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.
SECT. 20. 'The inhabitants of the city quali- fied 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 be- ing also an inhabitant of said ward, to be a mem- ber of the School Committee, and all the votes so given in each ward, being counted by the warden and inspectors of elections, shall be recorded at large by the clerk in open ward meeting; and in making such declaration and record the whole number of votes given in shall he distinctly 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 a transcript of such record, certified and an thentica'ed by the Warden, Clerk, and a majority of inspectors of elections for each ward shall be forthwith transmited or delivered by such ward
3*
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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 succes- sively received, upon the journal of the proceed- ings of the Mayor and Aldermen, or some other book to be kept for that purpose. And the May- or and Aldermen shall meet together within two days after such election, and examine and com- pare all the said returns and ascertain what per- sons shall have been elected to the offices afore- said, and give notice in writing to all persons elected 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 elections ; 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 divi- ded into wards according to the sixteenth 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 moderators of town meetings, by the laws of this Commonwealth, and shall then and there vote by ballot for one person to be Mayor, six persons to be Alderinen, twenty four persons to be members of the Common Council, and sx persons to be members of the School Committee for the City .-- And the Moderator and Aldermen, or a majority of thein, shall receive, sort, examine, and count
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the votes at such meeting given in for said Mayor, Aldermen, Common Council, and School Commit- tee, and then 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 purpose, and in making such declaration and record, the whole number of votes shall be distinctly stated, 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 ballot- ing, said meeting shall adjourn for not less than one day, nor more than four days, and at such ad- journed meeting the ballotting shall be renewed for completing the same, and the same proceed- ings thereupon had as hereinbefore directed, and such adjournment and ballotting shall be renewed from time to time, if necessary, until persons are elected to fill all said offices, by a majority of the voters voting at such election. And the May - or and Aldermen shall ascertain by inspection of said record, what persons are so elected, 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 having the high- est number of votes for that office, by joint ballot of the Board of Aldermen and Common Council in City Council assembled.
SECT. 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-
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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 Mavor, 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, coun- ted, examined and declared by the Selectmen, and recorded by the town clerk. And in case said election shall not be completed at the first ballot- ing, the balloting may be renewed, and the Se- lectmen may adjourn the meeting from time to time, if necessary, for not less than one day, nor more than four days at any one adjournment until said elections 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 elected shall organize them- selves, and enter upon the duties of their respec- tive offices on the first Monday of 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.
SECT. 22. All elections for Governor and Lieutenant Governor, Senators, County Treasur- er, Representatives, Representative 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 respective wards, at the time fixed by law for those elections respectively. And at such meetings, all the votes given in, being sorted, counted and declared by the warden and inspec- tors 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
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the name of every person voted for, and the num- ber of votes given for each person : such numbers to be expressed in words at length. And a trans- cript of such record certified and authenticated by the warden, clerk and a majority of the inspectors of elections for each ward shall forthwith be trans- mitted 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 make 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 man- ner as similar returus are by law required to be made by the Selectmen of towns ; and such cer- tificates 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 number proposed to be elected shall not be chosen by a majority of the votes legally returned, the same proceedings shall be had as is required by the laws of this Common- wealth in case of towns failing to elect their rep- resentatives. Provided however, That until such time as the city shall be divided into wards accor- ding to the sixteenth section of this act, the in- habitants of said city, qualified as in this section aforesaid, at all elections in this section above mentioned, shall meet on the days fixed by law for those elections respectively, at such time and - place as the Mayor and Aldermen for the time be-
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ing 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 meetings for said elections. And the like proceedings in all respects shall be had in regard to making out, authenticating and returning a cer- tificate of the result of each of such elections as are above in this section provided.
SECT. 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 redress of grie- vances according to the right secured to the peo- ple by the Constitution of this Commonwealth .- And such meetings shall be duly warned by the Mayor and Aldermen 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 the county upon the same requisition is authorised 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 inhabitants qualified to vote in city affairs, to assemble at the time and place, and for the purpose expressed in said warrant.
SECT. 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 officers now in office shall hold their places until this act shall go into opera› tion.
SECT. 25. All officers of the town of Lowell having the care and custody of any records, papers or property shall deliver the same to the city clerk, within two days after his entering upon the duties of the office.
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SECT. 26. All acts and parts of acts inconsis- tent with, or repugnant to the provisions of this act shall be, and the same are hereby repealed. But nothing in this act shall be so construed, as to re- strain or prevent the legislature forin amending or altering the same whenever they shall deem it ex- pedient.
SECT. 27. This act shall be void unless the in- habitants of the town of Lowell at a legal town meeting called for that purpose shall by a majori- ty of the voters present, and voting thereon by a written vote determine to adopt the same within fourteen days after the passing of this act.
AN ACT IN ADDITION TO " AN ACT TO ESTABLISH THE CITY OF LOWELL."
Be it enacted by the Senate and House of Repre- sentatives in General Court assembled, and by the authority of the same, as follows :-
. SECTION 1. Thirteen members of the common council of the city of Lowell may constitute a quo- rum for the transaction of business.
SECT. 2 All the powers and duties now by law incumbent upon the Mayor and Aldermen, as overseers of the poor, are hereby vested in a spe- cial board, to consist of the Mayor, two members of the Board of Aldermen to be elected by that board, and six members of the Common Council, one member from each ward in the city, to be elec- ted on the part of said council.
SECT. 3. The Mayor and Aldermen may re- quire that any person, who may hereafter be ap- pointed a constable of said city, shall give bonds to the city with such security and to such amount as they may deem reasonable and proper, before
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he shall be entitled to enter upon the execution of said office ; upon which bonds the like proceed- ings and remedies may be had, as are by law pro- vided in case of Sheriff's bonds in this Common- wealth.
SECT. 4. In all prosecutions by complaint be- fore the police court for the city of Lowell, foun- ded on the special acts of the Legislature, or the ordinances or by-laws of the city of Lowell, it it shall be sufficient to set forth in such complaint the offence fully and plainly, substantially and for- mally, and in such complaint it shall not be neces- sary to set forth such special act, by-law, ordi- nance, or any part thereof.
SECT. 5 The City Council may make and es- tablish nec ssary and fit rules and by-laws regula . ting the inspection, measurement, survey and sale of lumber of every description brought into or of- fered within said city, for sale.
SECT. 6. The meeting for the election of the several ward officers enumerated in the nineteenth section of the act, to which this act is in addition, shall be held on the first Monday of March in each year, and shall, in all other respects be con- ducted in the same manner as is now provided by the aforesaid section.
SECT. 7. The convention of the two branches of the city council, provided for in the fifteenth sec- tion of the act, to which this act is in addition, may be held at any time during the month of October annually.
SECT. 8. All parts of the aforesaid act which may be inconsistent with the provisions of this additional act, are hereby repealed.
WARD BOUNDARIES.
Ist. The City of Lowell is hereby divided in- to Wards, agreeable to the provisions and for the purpose expressed in the sixteenth section of the City Charter.
2d. All parts of the city which is contained in the territory hereinafter described, shall constitute one ward, and be called ward No. 1, namely :
Beginning at Merrimack River at the northeas- terly corner of the Merrimack Manufacturing Company's land, thence running southerly and westerly, 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 northerly 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 und by the Mer- rimack Manufacturing Company's land to Merri- mack River, thence easterly on said river to the point of beginning.
All that part of the city which is contained in the territory herein after described, shall constitute one ward, and be called ward No. 2, viz :
Beginning at Merrimack River at the north
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easterly corner of the city, thence running south- erly following the boundary line between Tewks- bury and Lowell, to Concord River thence north- erly down the middle of Concord River to the junction of the Pawtucket Canal with said Con- cord River, thence westerly up the middle of said Canal to the bridge in Central street, thence northerly by the middle of Central street to the intersection of Central and Lowell streets, thence westerly by the middle of Lowell street, to the Merrimack Canal, thence along the middle of the Merrimack Canal in a northerly direction to the Merrimack Manufacturing Company's land, thence easterly by said Merrimack Manufacturing Com- pany's land to the land of the proprietors of the Boott Cotton Mills, thence following the dividing line between the Merrimack Manufacturing Com- pany's land and the land of the proprietors of the Boott Cotton Mills in a northerly direction to Mer- rimack River, thence easterly down said river to the point of beginning.
All that part of the city which is contained in the territory hereinafter described, shall consti- tute one ward, and be called ward No. 3, viz :
Beginning in Central street at the bridge over Pawtucket Canal, thence running southerly along the middle of said street to Gorham street, thence along the middle of Gorham street to Davis's cor- ner, (so called) thence along the middle of the county highway from Lowell to Billerica to the boundary line to the City of Lowell, thence east following said boundary line to Concord River thence down the middle of said river to the Paw- tuket Canal, thence up the middle of said Canal to the point of beginning.
All that part of the city which is contained in the territory hereinafter described shall constitute one ward, and be called ward No. 4, viz :
.
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WARD BOUNDARIES.
Beginning at the bridge in Central street over the Pawtucket Canal, thence westerly following the middle of said canal to Merimack River, thence up Merrimack river to the boundary line between Lowell and Chelmsford, thence along said boun- dary line, southerly and casterly to the county road leading from Lowell to Billerica, thence northerly along said county road, Gorham street and Cen- tral street to the point of beginning.
All that part of the city which is contained in the territory hereinafter described, shall constitute one ward, and be called ward No. 5, viz :
Beginning at the intersection of Lowell and Central streets, thence running northwesterly by the middle of Lowell street to a part of said street which turns in a southwesterly direction near the Stone House, (so called) thence running parallel to the easterly end of the stable attach- ed to the ' Stone Hotel,' so called, and at the dis- tance of 10 feet from the easteriy end of said sta- ble' to Merrimack River, thence up said river to P.wtucket Canal, thence down said Canal to the bridge over the same in Central street, thence northerly by the middle of Central street to the point of beginning.
All that part of the city which is contained in the territory hereinafter described, shall constitute one ward, and be called ward No. 6, viz :
Beginning at the northwesterly corner of the premises of the Merrimack Manufacturing Com- pany, thence following the west boundary line of said Company's land through the middle of Tilden street to Moody street, thence westerly along the middle of Moody street to the " Western Canal," thence southerly along the middle of said Canal :o Lowell street, thence westerly along the mid- dle of Lowell street to a part of said street which turns in a southerly direction near the " Stone
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