shall be elected: provided, however, that it shall be the duty of the Proviso. voters to be SECT. 24. Be it further enacted, that prior to every election of Ward lists of city officers, or of any officer or officers under the government of the made. 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 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 said city. And it shall be the duty of said mayor and aldermen to deliver such list of the voters in each ward, so prepared and corrected, to for wardens' and the clerk of said ward, to be used by the warden and inspectors inspectors' use 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 None to vote 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. and delivered to ward clerks at elections. whose name is not on the list. SECT. 25. Be it further enacted, that general meetings of the General citizens, qualified to vote in city affairs, may from time to time be meetings. held, to consult upon the common good, to give instructions 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. meetings to be SECT. 26. Be it further enacted, that all warrants for the meetings Warrants for of the citizens, for municipal purposes, to be had either in general issued by mayor meetings or in wards, shall be issued by the mayor and aldermen, and aldermen. and shall be in such form, and shall be served, executed, and returned at such time, and in such manner, as the city council may, by any by-law, direct and appoint. izing the city. SECT. 27. Be it further enacted, that for the purpose of organizing Form of organ. the system of government hereby established, and putting the same into operation in the first instance, the selectmen 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 aldermen, for said city, and four common councilmen, three firewards, 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 Return of votes. the inspectors of such ward, shall, at said 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 selectmen 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. Repeal of acts. March meetings suspended. Legislative control. Conditional clause. 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 assessinent and collection of taxes within the town of Boston, as provides for the election of assistant assessors, also all such acts, and parts of acts, as come within the purview of this act, and which are inconsistent with, or repugnant to the provisions of this act, shall be, and the same are hereby repealed. SECT. 29. And whereas, by the laws of this commonwealth, towns are authorized and required to hold their annual meetings some time in the months of March or April, in each year, for the choice of town officers; and whereas, such meeting, in the month of March, in the present year, for the town of Boston, would be useless and unnecessarily burthensome: therefore, 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 so construed as to restrain or prevent the legislature from amending or altering the same, whenever they shall deem it expedi ent. 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. February 23, 1823. Brighton incorporated. Boundaries. 1806. CHAPTER 65. AN ACT TO DIVIDE THE TOWN OF CAMBRIDGE, AND TO INCORPORATE Be it enacted, etc.: SECTION 1. That all that part of the town of Cambridge situate on the south side of Charles river, heretofore known as the third parish, and as described within the following bounds, together with the inhabitants thereon, be, and the same is, hereby incorporated into a separate town, by the name of Brighton, viz.: Beginning at Brookline line, where Charles river intersects the same, and running on a line in the middle of said Charles river, until it strikes Newton line, SECT. 2. Be it further enacted, that the said town of Brighton shall Proportion of be entitled to hold such proportion of all the real and personal estate, held by Brighnow belonging to, and owned in common by the inhabitants of the ton. present town of Cambridge, as the property of the said town of Brighton now bears to the property of all the inhabitants of the present town of Cambridge, according to the latest valuation thereof, excepting always, all right of common landing places, uses and privileges, heretofore possessed by the inhabitants of said town of Cambridge, all which shall be held and enjoyed by the towns respectively within whose limits the same may be. proportion of SECT. 3. Be it further enacted, that the said town of Brighton shall To pay their be holden to pay their proportion, to be ascertained as aforesaid, of debts, etc. all the debts and claims now due and owing from the said town of Cambridge, or which may hereafter be found due and owing by reason of any contract, engagement, judgment of court, or any matter or thing, now or heretofore entered into or existing. the poor. SECT. 4. Be it further enacted, that the said town of Brighton shall Supporting be holden to support their proportion of the present poor of the town of Cambridge, which porportion shall be ascertained as aforesaid, and all persons, who shall be ascertained as aforesaid, and all persons, who shall or may hereafter become chargeable as paupers, shall be considered as belonging to that town on whose territory they have gained a legal settlement at the passing of this act, and shall be supported by that town only. the bridge. SECT. 5. Be it further enacted, that the said town of Brighton shall Supporting keep up and support their proportion of a bridge over Charles river, between said town and the town of Cambridge, so long as said bridge may be deemed by law necessary; said proportion to be ascertained by the state valuation from time to time. his warrant. SECT. 6. Be it further enacted, that either of the justices of the Justice to issu16 peace for the county of Middlesex is hereby authorized to issue a warrant, directed to some inhabitant of the said town of Brighton, requiring him to notify and warn the inhabitants thereof to meet at such convenient time and place as shall be expressed in the said warrant, for the choice of all such officers as towns are by law required to choose, in the months of March or April, annually. SECT. 7. Be it further enacted, that the said town of Brighton shall To pay propor pay their proportion of all state and county taxes, as are already, or may hereafter, be assessed upon the inhabitants of the town of Cambridge, until the general court shall lay a tax upon said town of Brighton. February 24, 1807. tion of taxes. Roxbury to be a city. Adminstration, etc., to be vested in a mayor, and twenty four common councilmen, etc. 1846 CHAPTER 95. AN ACT TO ESTABLISH THE CITY OF ROXBURY. Be it enacted, etc.: SECTION 1. The inhabitants of the town of Roxbury shall continue to be a body politic and corporate, under the name of the city of Roxbury, and as such shall have, exercise, and enjoy all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations, now incumbent upon, and appertaining to, said town as a municipal corporation. SECT. 2. The administration of all the fiscal, prudential, and municipal affairs of said city, with the government thereof, shall be eighe aldermen, vested in one principal officer, to be styled the mayor; one council of eight, to be called the board of aldermen; and one council of twenty-four, to be called the common council: which boards, in their joint capacity, shall be denominated the city council, and the members thereof shall be sworn to the faithful performance of the duties of Boards to serve their respective oflices. A majority of each board shall constitute a quorum for doing business, and no member of either board shall receive any compensation for his services. without com pensation. Selectmen to divide the town etc. SECT. 3. It shall be the duty of the selectmen of the town of Roxinto eight wards, bury, as soon as may be, after the passage of this act, and its acceptance by the inhabitants, as hereinafter provided, to divide said town into eight wards, as follows, to wit: first, by drawing a line between the second and third parishes, as near the old territorial parish line as may be convenient, constituting the second parish one ward; second, by drawing a line in the same manner between the first and third parishes, and dividing the third parish into two wards, to contain, as nearly as may be convenient, an equal number of inhabitants; third, by dividing the first parish into five wards, as nearly equal in number of inhabitants as may be consistent with convenience in other respects. It shall be the duty of the city council, once in five years, to revise, and, if it be needful, to alter said wards in such manner as to prethe city council. serve, as nearly as may be, an equal number of voters in each ward: Arrangement thereof to be revised every five years by Proviso. Election, qualifications, and duties of provided, however, that the second parish shall always constitute at least one ward, and the third parish shall constitute at least two wards, without any addition of territory to either. SECT. 4. On the second Monday in March, annually, there shall be chosen by ballot in each of said wards, a warden, clerk, and three Wardens, clerks, inspectors of elections, residents of the wards in which they are chosen, who shall hold their oflices for one year, and until others shall have been chosen in their places, and qualified to act. and inspectors of elections. It shall be the duty of such warden to preside at all ward meetings, with the powers of moderator of town meetings. And if, at any meeting, the warden shall not be present, the clerk of such ward shall call the meeting to order, and preside until a warden pro tempore shall be chosen by ballot. And if, at any meeting, the clerk shall not be present, a clerk pro tempore shall be chosen by ballot. The clerk shall record all the proceedings and certify the votes given, and deliver over to his successor in office all such records and journals, together with all other documents and papers held by him in said capacity. It shall be the duty of the inspectors of elections to assist the warTo serve under den in receiving, assorting, and counting the votes. And the warden, clerk, and inspectors, so chosen, shall respectively make oath or affirmation, 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 warden to the clerk and inspectors, or by any justice of the peace for the county of Norfolk. cath, etc. ST. 1846. ward nud city All warrants for meetings of the citizens for municipal purposes, Warrants for to be held either in wards or in general meetings, shall be issued by meetings. the mayor and aldermen, and shall be in such form, and shall be served, executed, and returned in such manner, and at such times, as the city council may by any by-law direct. term of office, common SECT. 5. The mayor and eight aldermen, one alderman to be Election and selected from each ward, shall be elected by the qualified voters of of mayor, alder the city at large, voting in their respective wards, and three common men, and councilmen shall be elected from and by the voters of each ward, and councilmen. shall be residents of the wards in which they are elected: all said officers shall be chosen by ballot, and shall hold their offices for one year from the first Monday in April, and the mayor until another shall be elected and qualified in his place. incetings for SECT. 6. On the second Monday in March, annually, immediately Proceedings at after a warden, clerk, and inspectors shall have been elected and elections. sworn, the qualified voters in each ward shall give in their votes for mayor, aldermen, and common councilmen, as provided in the preceding section; and all the votes so given shall be assorted, counted, declared, and registered in open ward meeting, by causing the names of persons voted for, and the number of votes given for each, to be written in the ward records in words at length. election to common The clerk of the ward, within twenty-four hours after such clec- Certificates of tion, shall deliver to the persons elected members of the common members of council, certificates of their election, signed by the warden and clerk, council. and by a majority of the inspectors of elections, and shall deliver to the city clerk a copy of the records of such election, certified in like manner: provided, however, that if the choice of common councilmen Proviso. cannot be conveniently effected on that day, the meeting may be adjourned, from time to time, to complete such election. mayor. case of failure The board of aldermen shall, as soon as may be convenient, exam- Notification to ine the copies of the records of the several wards, certified as aforesaid, and shall cause the person who may have been elected mayor to be notified in writing of his election; but if it shall appear that no Proceedings in person has received a majority of all the votes, or if the person to elect a mayor elected shall refuse to accept the office, the board shall issue their warrants for a new election, and the same proceedings shall be had as are hereinbefore provided, for the choice of mayor, and repeated. from time to time, until a mayor is chosen. mayor. In case of his decease, resignation, or absence of the mayor, or of Proceedings to supply vacancy his inability to perform the duties of his office, it shall be the duty of in the office of the board of aldermen and common council in convention, to elect a mayor for the time being, to serve until another is chosen, or until the occasion causing the vacancy is removed. And, if it shall appear that the whole number of aldermen have not been elected, the same proceedings shall be had, as are hereinbefore provided for choice of mayor. -and of alder. men. aldermen. Each alderman shall be notified in writing of his election, by the Notifications to mayor and aldermen for the time being. Administration The oath prescribed by this act shall be administered to the mayor and record of by the city clerk, or any justice of the peace for the county of oaths of office. Norfolk. The aldermen and common councilmen elect shall, on the first Monday of April, at ten o'clock in the forenoon, meet in convention, when the oath required by this act shall be administered to the members of the two boards present, by the mayor, or by any justice of the peace for the county of Norfolk; and a certificate of such oath having been taken, shall be entered on the journal of the mayor and aldermen, and of the common council, by their respective clerks. Whenever it shall appear that no mayor has been elected previously Record, etc., in case of failure |