USA > Massachusetts > Middlesex County > Lowell > The Lowell Directory 1847 > Part 3
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SECT. 6. The mayor of the city, shall be the chief ex- ecutive officer of said corporation, and shall be compen- sated for his services by a salary, to be fixed by the board of aldermen and common council in city council con- vened, payable at stated periods; which salary shall not exceed the sum of fifteen hundred dollars annually, and he shall receive no other compensation or emolument whatever ; and no regulations enlarging or diminishing such compensation, shall be made, to take effect until the expiration of the year, for which the mayor, then in office, shall have been elected. And the mayor shall be vigilant and active at all times, in causing the laws for the government of said city to be duly executed and put in force ; shall inspect the conduct of all subordinate officers in the government thereof, and as far as in his power, cause all negligence, carelessness, and violation of duty, to be duly prosecuted and punished. Whenever in his judgment the good of the city may require it, he shall summon meetings of the board of aldermen and common council, or either of them, although the meeting of said boards, or either of them, may stand adjourned to a more distant day, and perform such other duties as the city council may legally and reasonably require. And the mayor from time to time shall communicate to botlı branches of the city council, all such information, and recommend all such measures as may tend to the improve- ment of the finances, the police, health, security, cleanli- ness, comfort and ornament of the city.
SECT 7. 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 herein enumerated, who shall The be ex-officio members of the school committee. mayor and aldermen may also grant licenses to inn- holders, common victuallers and retailers, within the city,
* By the amendment to the charter, sec. 2, the powers and duties of overseers of the poor are vested in a special board, consisting of the mayor, two members of the board of aldermen and six members of the common council.
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in all cases wherein the county commissioners for the county of Middlesex, on the recommendation of the se- lectmen of Lowell, have heretofore been authorized to grant such licenses ; and may appoint annually such a number of persons 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 powers as are by law vested in constables chosen by the towns in this Com- monwealth. 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 the public convenience or ne- cessity may require.
SECT. 8. All other powers now by law vested in the town of Lowell, or in the inhabitants thereof, as a munici- pal 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 nega- tive upon the other ; especially, they may make all such needful and salutary by-laws, as towns by the laws of this Commonwealth have power to make, and annex penal- ties, not exceeding twenty dollars, for the breach thereof, which by-laws shall take effect, and be in force, from and after the times therein respectively limited, without the sanction or confirmation of any court or other authority whatever : Provided, that such by-laws shall not be re- pugnant to the laws of this Commonwealth ; 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 assessment and apportion- ment 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 assessment and apportionment of town taxes. The city council may provide for the assessment and collec- tion of such taxes, 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 assessors and assistant assessors as may be needful, or
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provide for the appointment or election of the same, or any of them, by the mayor and aldermen, or by the citi- zens as may be most conducive to the public good, and shall also require of all persons entrusted with the collec- tion, custody or disbursement of public moneys, suclı bonds with such conditions and such sureties as the case may require.
SECT. 9. The city council may provide for the ap- pointment or election of all officers necessary for the good government of the city, not otherwise provided for ; pre- scribe 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 permanent sidewalks 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 at the ex- pense of the abuttors or of the city; which sidewalks, when accepted by said council, shall be afterwards main- tained at the expense of the city, whenever the con- venience of its inhabitants may require the same, and cause drains and common sewers to be laid down through any streets or private lands, paying the owners thereof such damage as they may sustain thereby ; and require all persons 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 discontinue all city and town ways or streets within the limits of the city ; and widen or straighten county ways, within the city, in such manner as the public convenience may re- quire ; and any party aggrieved 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, measurement 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 suitable places in the streets and squares of the city, as public stands for wagons, carts, sleds and carriages of every de- scription, 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 recovered upon complaint of any officer or other inhabitant of the city, * See amendment to city charter, sec. 5.
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before the police court therein, for the use of the city. The city council shall also have the care and superin- tendence 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 in- terest or convenience may require. The city council may by a committee, by them appointed, or by instruc- tions to any officer having charge of the streets, appro- priate, 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 ne- cessary, to be placed along the edge of said sidewalks to protect the same, or the passengers travelling thereon.
SECT. 10. All the powers and authority, invested in the boards of health of towns in this Commonwealth, are hereby 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 may from time to time adopt.
SECT. 11. The mayor, aldermen and common council, shall, as soon as convenient, after their annual organiza- tion, meet in convention, and elect a treasurer of the city.
SECT. 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 enter- ing 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 districts 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 there- for to the city council, in such manner as they may direct. And the city council shall publish and distribute, an- nually, for the information of the citizens, a particular statement of the receipts and expenditures of all public moneys, and a particular statement of city property, five days at least, prior to the first Monday in February.
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
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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 council, on the second Monday of October,* in each year, shall meet in convention, and determine the number of Representa- tives 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 num- ber thus determined shall be specified in the warrant calling the meeting for such election of Representatives.
SECT. 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 manner, as to include an equal number of inhabi- tants in each ward, as nearly as conveniently may be, consistently with well defined limits to each ward, inclu- ding in such computation of numbers of inhabitants per- sons of all descriptions, 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, that not more than two meetings for that pur- pose shall be holden in any one year. And after said di- vision into wards, the same shall not be altered, excepting by the city council once in five years, in such manner as to preserve as nearly as may be, an equal number of in- habitants in each ward.
SECT. 17. Prior to every election of city officers, or of any officer or officers under the government 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 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 assessors, assistant assessors and other officers of the city. And the mayor and aldermen shall deliver such lists of voters in each 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 the list ; and
* By amendment to the city charter, sec. 7, the convention may be held any time during the month of October.
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to prevent all frauds and mistakes in such election, 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.
SECT. 18. At the first meeting of the inhabitants 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 having a majority of all the votes given, shall be declared elected, and such presiding officer shall record 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 af- fairs, shall meet together within their respective 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 pow- ers as moderators of town meetings. And such clerks shall make a fair and true record, and keep an exact jour- nal 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 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 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 tem- pore shall be chosen ; which may be by nomination and vote, if the clerk so direct. At such meeting also, three inspectors of elections shall be chosen for such ward, be- ing resident 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
* By amendment to city charter, section 6, the above meeting is to be held on the first Monday in March.
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within said ward. And the warden, clerk and inspectors so chosen, shall respectively be under oath faithfully and impartially to discharge their several 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 hav- ing 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 tem- pore shall be chosen by ballot.
SECT. 20. 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 persons, being inhabitants of said ward, to be members of the common council, and one person, being also an inhabitant of said ward, to be a member of the school committee; and all the votes so given in each ward, being counted and declared by the warden and in- spectors of elections, shall be recorded at large by the clerk in open ward meeting ; and in making sach decla- ration 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 expressed in words at length, and a transcript of such record, certified and authenti- cated 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 eity clerk shall forthwith enter such returns, or a plain and intelligible abstract of them, as they are suc- cessively 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 ex- amine and compare all the said returns, and ascertain what persons 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 ex- amination, 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-
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tions ; and the same proceedings shall be had in all re- spects 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 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 Com- monwealth, and shall then and there vote by ballot for one person to be mayor, six persons to be aldermen, twenty-four persons to be members of the common coun- cil, and six persons to be members of the school commit- tee 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, alder- men, common council and school committee, 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 declara- tion and record, the whole number of votes shall be dis- tinctly 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 balloting, said meeting shall ad- journ for not less than one day, nor more than four days ; and at such adjourned meeting the balloting shall be re- newed for completing the same, and the same proceed- ings thereupon had as hereinbefore 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 majority of the voters voting at such election. And the mayor and aldermen shall ascertain by inspec- tion 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 per- sons having the highest number of votes for that office, by joint ballot of the board of aldermen and common council in city council assembled.
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SECT. 21. For the purpose of organizing the sytem of government hereby established, and putting the same into operation in the first instance, the selectinen of the town of Lowell for the time being, shall seasonably be- fore the first Monday of May next, issue their warrant for calling a meeting of the inhabitants of said town qualified 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 recorded by the town clerk. And in case said election shall not be completed at the first balloting, the balloting may be renewed, and the selectmen may ad- journ 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 electiou, to the persons elected by a majority of the voters voting at such meeting. And the persons so elected shall organize themselves, and enter upon the duties of their respective offices on said 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, lieutenant gov- ernor, senators, county treasurer, representatives, repre- sentatives 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 elec- tions, 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 inspectors of elections, shall be re- corded at large in open ward meeting by the clerk, and in making such declaration and record, the whole num- ber of votes given in shall be distinctly stated, together with 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 transcript of such record certified and authenticated by the warden, clerk and a majority of inspectors of elections for each ward, shall forthwith be transmitted or delivered by such ward
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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 ineet together within two days after every such election, and examine and compare all such returns, and thereupon make out a certificate of the re- sult of such election, to be signed by a majority of the board of aldermen, and also by the city clerk, which shall be transmitted, delivered or returned, in the same manner as similar returns are by law required to be made by the selectinen of towns ; and such certificates and re- turns shall have the same force and effect in all respects, as like returns of similar elections made by the select- men 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 Commonwealth in case of towns failing to elect their representatives. 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 abovemen- tioned, shall meet on the days fixed by law for those elec- tions respectively, at such time and place as the mayor and alderinen 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 meetings for said elections. And the like proceedings 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.
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 a redress of grievances according to the rights secured to the people 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 mayor and aldermen refuse to call a meeting, any justice of the peace of the county,
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upon the same requisition, 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, direct- ing 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.
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