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men, by whom such examination is made, shall make a record of that fact, an attested copy of which record it shall be the duty of the city clerk to produce and read, on the first Monday of January, in the presence of the members returned to serve as aldermen and common councilmen; and the oaths prescribed by law may be administered to the members elect. The members of the board of aldermen shall thereupon proceed to elect a chairman, and the common council a president, in their respective chambers, and being respectively organized they shall proceed to business in the manner hereinafter provided, in case of the absence of the mayor :—and the board of aldermen shall forthwith issue their warrants for meetings of the citizens of the respective wards, for the choice of a mayor, at such time and place as they shall judge most convenient; and the same proceedings shall be had, in all respects, as are hereinbefore directed, and shall be repeated from time to time, until a mayor shall be duly chosen.

SECT. 18. Whenever it shall appear, by the chosen, or a regular returns of the elections of city officers, of aldermen that a mayor has not been chosen, or that a full

board of aldermen has not been elected, such of 1845, 217, 51.

the board of aldermen, whether they constitute a quorum or not, as may have been chosen, shall issue their warrant, in the usual form, for the election of a mayor, or such members of the board of aldermen as may be necessary, and the same proceedings shall be had and repeated, until the election of a mayor and aldermen shall be completed,

Proceedings in case no

full board

is not elected,

1821, 110, $ 6.

and all vacancies shall be filled in the said board; and in case neither a mayor nor any aldermen shall be elected at the usual time for electing the same, and after the powers of the former mayor and aldermen shall have ceased, it shall be the duty of the president of the common council, to issue his warrant, in the same manner as the board of aldermen would have done, if elected, and the same proceedings shall be had and repeated, until a mayor or one or more aldermen, shall be elected.

Sect. 19. The qualified voters of said city, Election of shall, at the annual meeting, be called upon to give in their votes for twelve persons, being inhabitants of said city, to constitute the board of aldermen for the ensuing year, and all the votes so given, being sorted, counted, and declared by the warden and inspectors, shall be recorded at large by the clerk, in open ward meeting; and in making such declaration and record, the whole number of votes or ballots given in, shall be particularly stated, together with the name of every person voted for, and the number of votes given for each person ; and a transcript of such record, certified by the warden and clerk, and a majority of the inspectors of each ward, shall forthwith be transmitted to the city clerk; whereupon the same proceedings shall be bad, to ascertain and determine the persons chosen as aldermen, as are hereinbefore directed, in regard to the choice of mayor, and for a new election, in case of the whole number required not being chosen at the first election. And each alderman so chosen, shall be duly notified in writ

Eleetion of common

ing of his election, by the mayor and aldermen for the time being.

SECT. 20. The qualified voters of each ward non, 110,5m: shall, at the annual election, be called upon to give

in their votes for four able and discreet men, being inhabitants of the ward, to be members of the common council, for the ensuing year; and all the ballots so given in, in each ward, being sorted, counted and declared, a public declaration of the result shall be made by the warden in open ward meeting; and a record of such proceedings shall be kept by the clerk, in his journal, stating particularly the whole number of ballots given in, the number necessary to make a choice, the number actually given for each person, the whole to be written in words at length.

SECT. 21. In case four persons are not chosen is no choice at the first balloting in any ward, the meeting of

such ward shall be adjourned by the presiding officer, for the purpose of filling such vacancies, to a period not less than twenty-four, nor more than seventy-two hours distant from the hour when the polls were opened at the first balloting, the time of adjournment, within such limits, to be determined by the warden, with the consent of a majority of the inspectors who may be present when such adjournment is had; and such notice shall be given of the time of such adjournment, and the time the polls will be kept open, as the warden may direct; and at such adjourned meeting a balloting shall be opened for a number of common councilmen sufficient to complete the number of

Proceedings in case there



four, which shall be conducted, and its result be declared and recorded, in the same manner as before prescribed for the first balloting.

SECT. 22. In case there shall still be vacancies Same in the number of common councilmen in any ward, adjournments of the meetings of the citizens thereof, for the purpose of filling the same, shall continue to be had in the same manner, to periods not less than twenty-four nor more than seventytwo hours distant from each other, at all of which the balloting shall be conducted, and the result be declared and recorded in the same manner as before prescribed, until the number of four shall be duly chosen. And at all such adjournments the polls shall be kept open the same number of hours as are required by the original warrant.

Sect. 23. If at the close of the last legally ad-Same journed meeting of any ward as aforesaid preceding the first Monday in January, there shall still be vacancies in the number of common councilmen for any ward, no further adjournment shall be had; but a record of the fact, and of the number of such vacancies, shall be made by the clerk of the ward in his journal, signed therein by the warden, clerk, and a majority of the inspectors, an attested copy of which record shall forthwith be delivered by the clerk of the ward to the city clerk, who shall lay the same before the common council at their first meeting in January. SECT. 24. The board of aldermen, the common Board of

aldermen, council, and the school committee shall have &c., to

judge of authority to decide upon all questions relative to iden, 110, 37.



Vacancies in city or

the qualifications, elections and returns of their respective members.

SECT. 25. Whenever it shall appear to the ward offices board of aldermen, that there is a vacancy, by re

moval from the city, or by death, resignation, or otherwise, in the board of aldermen, the common council, the school committee, or in any of the city and ward offices, it shall be the duty of said board to issue their warrant in due form to fill all such vacancies, in each and all of said boards and offices, at such time and place as they may deem advisable; and the same proceedings shall be had and adjournments, if necessary, within the same limits, as are herein prescribed for the annual meeting for the election of common councilmen. But in case of vacancies in the common cou

uncil, and school committee, such warrant shall not be issued, until the board of aldermen receive official information thereof.

SECT. 26. All city and ward officers shall be officers from held to discharge the duties of the offices to which

they have been respectively elected, notwithstanding their removal after their election out of their respective wards, into any other wards of the city. But they shall not be so held after they have tak

en up their permanent residence out of the city. Organiza- Sect. 27. The mayor, aldermen, and common

councilmen, on the first Monday of January, or before entering on the duties of their offices, shall respectively be sworn, by taking the oath of allegiance and oath of office, prescribed in the constitution of this commonwealth, and an oath to sup

Removal of city or ward

1845, 217,55.

tion of city
821, 110, $ 9.
824, 49, § 2.

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