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Lists of voters.
Meetings of the citizens.
ward meeting, by causing the names of all persons voted for, and the number of votes given for each, to be written in the ward record in words at length.
The ward clerk shall forthwith deliver to the city clerk a certified copy of the record of such elections. The city clerk shall forthwith record such returns; and the mayor and aldermen shall, within two days after every such election, examine and compare all said returns, and make out a certificate of the result of such elections, to be signed by the mayor and a majority of the aldermen, and also by the city clerk, which shall be transmitted or delivered in the same manner as similar returns are by law directed to be made by the selectien 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 mayor and aldermen shall forthwith issue their warrant for a new election, conformably to the provisions of the constitution and the laws of the commonwealth.
Sect. 17. Prior to every election, the mayor and aldermen shall make out lists of all the citizens of each ward qualified to vote in such elections, in the same manner in which selectmen of towns are required to make out lists of voters; and for that purpose they shall have full access to the assessors' books and lists, and be entitled to the assistance of all assessors, assistant assessors, and city officers, and they shall deliver said lists, so prepared and corrected, to the clerks of said wards, to be used at such elections; and no person shall be entitled to vote whose name is not borne on such list.
SECT. 18. General meetings of the citizens qualified to vote may, from time to time, be held, to consult upon the public good; to instruct their representatives; and to take all lawful measures to obtain redress for any grievances, according to the right secured to the people by the constitution of this commonwealth. And such meetings may and shall be duly warned, by the mayor and aldermen, upon the requisition of fifty qualified voters.
Sect. 19. For the purpose of organizing the system of government hereby established, and putting the same into operation in the first instance, the selectmen of the town of Charlestown, for the time being, shall, on some day during the months of March or April of the present year, issue their warrants seven days at least previous to the day appointed, calling meetings of the said citizens, at such place and hour as they may deem expedient, for the purpose of choosing a warden, clerk, and inspectors for each warı, and all other officers whose election is provided for in the preceding sections of this act; and said selectmen shall appoint, for this first meeting. a warden. clerk, and three inspectors of elections for each ward, which officers shall be sworn to the faithful discharge of their duties; and the transcripts of the records of each ward, specifying the votes given for the several officers aforesaid, certified by the warden and clerk of such ward at said first meeting, shall be returned to the said selectmen, whose duty it shall be to examine and compare the same, and, in case said elections should not be completed at the first meeting, then to issue new warrants until such elections shall be completed; and to give notice thereof, in the manner hereinbefore directed, to the several persons elected. And at said first meeting, a list of voters in each ward, prepared and corrected by the selectmen for the time being, shall be delivered to the clerk of each ward, when appointed to be used as herein before directed. And the selectmen shall appoint such time for the first meeting of the city council, as they may judge proper, after the choice of city officers as aforesaid, or a majority of the members of both branches, not later than the
First organiza. tion of city government.
first Monday in May, in the year one thousand eight hundred and forty-seven, and shall also fix upon the place and the hour of said first meeting; and a written notice thereof shall be sent, by said selectmen, to the place of abode of each of the city officers chosen as provided in this section. And after this first election of city officers, Subsequent
organizations. and this first meeting for the organization of the city council, as in this section provided, the day of holding the annual elections, and the day and hour for the meeting of the city council, for the purpose of organization, shall remain as provided in the sixth section of this act.
And it shall be the duty of the city council, immediately after the Appointment of first organization, to elect all necessary city officers, who shall hold city council. their offices respectively until others are chosen and qualified. And Votes for county at meetings to be called as prescribed in this section for the choice of ward and city officers, the said inhabitants may, and shall, also give in their votes for county officers, which votes shall be recorded, certified, and returned, in the manner provided in the sixteenth section of this act.
SECT. 20. The city council shall have power to make all such Powers of city salutary and needful by-laws, as towns, by the laws of this common- by-laws, with wealth, have power to make and establish, and to annex penalties, penalties, etc. not exceeding twenty dollars, for the breach thereof, which by-laws shall take effect, and be in force, from and after the time therein respectively limited, without the sanction of any court, or other authority whatever : provided, however, that all laws and regulations now Proviso. in force in the town of Charlestown, shall, until they shall expire by their own limitation, or be revised or repealed by the city council, remain in force, and all fines and forfeitures for the breach of any by-law, or ordinance, shall be paid into the city treasury.
Sect. 21. The annual town meeting for the town of Charlestown, Annual town which by law is to be held in the month of March, is hereby sus- pended, etc., pended, and all town officers now in office shall hold their places until and town offithis act shall go into operation; and in case this charter shall not be over, etc. accepted in the manner and form as hereinafter provided, then the Proceedings in selectmen shall issue their warrant according to law, for holding the annual town meeting of the inhabitants, in which all the proceedings charter. shall be the same as if this act had not been passed.
SECT. 22. All officers of the town of Charlestown, having the care Delivery of and custody of any records, papers, or property, belonging to the city clerk. said town, shall deliver the same to the city clerk within one week after his entering upon the duties of his office.
SECT. 23. All such acts and parts of acts, as are inconsistent Repeal of incon. with the provisions of this act, shall be, and the same are, hereby visions. repealed.
Sect. 24. Nothing in this act contained shall be so construed as Legislature to prevent the legislature from altering or amending the same, whenever they shall deem it expedient.
SECT. 25. This act shall be void, unless the inhabitants of the Act to be void town of Charlestown, at a legal town meeting, called for that purpose, by inhabitants. shall, by a vote of a majority of the voters present and voting thereon, by a written ballot, determine to adopt the same within twenty days from and after its passage, at which meeting the polls shall be kept open not less than six hours, and the presiding officer, in receiving said ballots, shall use the check-lists, in the same manner as they are used in elections.
SECT. 26. This act shall go into operation from and after its When to take passage.
February 22, 1847.
case of non-ac. ceptance of this
may alter and amend this act.
1851. - CHAPTER 250.
Powers and duties, etc.
Shall pay arrears of taxes to Roxbury, and
AN ACT TO INCORPORATE THE TOWN OF WEST ROXBURY.
SECTION 1. That portion of the city of Roxbury lying south-westerly of a line commencing at a point in the line which divides the city of Roxbury from the town of Dorchester, which point is directly parallel to the last angle in Seaver street, before its intersection with the Brushill turnpike; thence running from said point till it meets the north-easterly side of Seaver street; thence running in a northwesterly direction, and following the north-easterly line of Seaver street, until it strikes Walnut street ; thence continuing across said Walnut street in the same general direction and following the northeasterly side of a new street recently laid out and which forms a continuation of said Seaver street, until it strikes the Norfolk and Bristol turnpike; and from the last named point, said point being the intersection of the said new street and the Norfolk and Bristol turnpike, the said line then running in a north-westerly direction and in a straight course, including the dwelling-house of Leonard Hyde, Esq., and twenty-five feet from the rear thereof, and thence continuing in the same straight course and direction until it strikes the line which separates the town of Brookline from the city of Roxbury, is hereby incorporated intu a town by the name of West Roxbury; and the inhabitants of the said town of West Roxbury are hereby invested with all the powers and privileges, and shall be subject to the duties and requisitions of other incorporated towns, according to the constitution and laws of this commonwealth.
SECT. 2. The inhabitants of the said town of West Roxbury shall
be holden to pay all arrears of taxes which have been assessed upon county and state them by the city of Roxbury before the passing of this act, and also valuation, and their proportion of all county and state taxes that may be assessed proportion of
upon them previously to the taking of the next state valuation; such bury. proportion to be ascertained and determined by the last city valua
tion; and the said town of West Roxbury shall be holden to pay their proportion of the debts due and owing at the time of the passage of this act, from the city of Roxbury, and shall be entitled to receive of the city of Roxbury their proportion of all the corporate property
now owned by said city of Roxbury, such proportion to be ascerProviso. tained by the last valuation of said city of Roxbury: provided, howCity of Roxbury ever, that the city of Roxbury shall be authorized to collect the tax collect tax of which is assessed by virtue of law on the first day of May, this cur
rent year, upon the inhabitants and owners of property in said West Roxbury, and the said city of Roxbury after dedacting the reasonable expenses of assessing and collecting the same, shall account with
and pay over the same to the town treasurer of said West Roxbury; Roxbury to
and the said city of Roxbury shall incur no liability for the said town ther liability of West Roxbury, after the passage of this act. bury.
SECT. 3. The said city of Roxbury and the town of West RosSupport of bury shall be respectively liable for the support of all persons who paupers.
do now, or hereafter shall, stand in need of relief as paupers, whose settlement was gained or derived from a settlement gained or derived within their respective limits.
SECT. 4. In case the said city of Roxbury and town of West of common pleas Roxbury shall disagree in respect to a division of paupers, city propto appoint ref.
erty, city debts, or state and county taxes, the court of common pleas for county of Norfolk are hereby anthorized to, and shall on application of said city of Roxbury or of said town of West Roxbury, appoint three disinterested persons to hear the parties and award thereon,
debts of Rox.
current year, etc.
incur no fur.
for West Rox
In case of disa.
which award, when accepted by said court, shall be final. In the di- Brook Farm and vision of the city property, the Brook Farm and the land known as cemetery, how the Forest Hills cemetery shall be assigned to the said city of Rox- disposed of. bury, if desired by the city authorities, provided that the said city of Roxbury shall assume and discharge the debts created by the purchase of said farm and cemetery, and the incidents thereof; and the same shall be free from taxation so long as they shall be occupied for the purposes of a poor farm and a cemetery respectively.
Sect. 5. The town of West Roxbury shall, for the purpose of West Roxbury electing the representatives to the general court, to which the terri- of Roxbury for
election of reptory now compriseil in the city of Roxbury is now entitled, until the next decennial census, or until another apportionment of represent- general court till atives be made, remain a part of the said city of Roxbury; and the inhabitants of said West Roxbury shall vote for the number of representatives which the authorities of the city of Roxbury may decide shall be elected annually in town meeting; and it shall be the duty Selectmen of of the selectmen of said West Roxbury to preside at said town meet- to preside, etc. ing, and receive the votes, and the certificate thereof shall be made by the said selectmen, and certified by the town clerk of said West Roxbury, whose duty it shall be to make return thereof to the mayor and allermen of the said city of Roxbury, within forty-eight hours of the day of voting, and the votes so returned shall be counted by the said mayor and aldermen, as a part of the vote of the said city of Roxbury. SECT. 6. Any justice of the peace in the county of Norfolk is Warrant for
meeting. hereby authorized to issue his warrant to any principal inhabitant of the town of West Roxbury, requiring him to warn the inhabitants of said town to meet, at the time and place therein appointed, for the purpose of choosing all such town officers as towns are by law authorized and required to choose at their annual meetings. Sect. 7. This act shall be in force from and after its passage.
May 24, 1851.