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Care and custody of


1821, 110, §


SECT. 39. The city council shall have the care city prop- and superintendence of the public buildings, and the care, custody, and management of all property of the city, with power to lease or sell the same, except the Common and Faneuil Hall. And the said city council shall have power to purchase property, real or personal, in the name and for the use of the city, whenever its interest or convenience may in their judgment require it.

Power to purchase property.

Board of health.

SECT. 40. All the power and authority now by 1821, 110, § law vested in the city council or in the board of 12 Pick. 134. mayor and aldermen, relative to the public health


1849, 211, § 1.

Surveyors of high


and the quarantine of vessels, shall continue to be vested in the city council, to be carried into execution by the appointment of one or more health commissioners; or in such other manner as the health, cleanliness, comfort, and order of the city may, in their judgment, require, subject to such alterations as the legislature may from time to time adopt. The powers and duties above named may be exercised and carried into effect by the city council, in any manner which they may prescribe, or through the agency of any persons to whom they may delegate the same, notwithstanding a personal exercise of the same, collectively or individually, is prescribed by previous legislation; and the city council may constitute either branch, or any committee of their number, whether joint or separate, the board of health, for all or for particular purposes.

SECT. 41. The board of aldermen shall be sur

1823, § 2. veyors of highways for said city.

1821, 110, §

SECT. 42. The city council shall, in the month City treasof May, meet together in convention and elect a 18. suitable person to be the treasurer of said city, who shall also be county treasurer; and who shall R. S. 14, 47. hold his office until his successor is chosen and

qualified in his stead.

city council

other offices. 1821, 110, §

Ibid, 110, §

1851, 70.

SECT. 43. No person shall be eligible to any Members of office, the salary of which is payable out of the ineligible to city treasury, who, at the time of his appointment, 21. shall be a member of either the board of alder- 22. men or the common council; and neither the ante, § 42. mayor, or any alderman, or member of the common council, shall at the same time hold any office of emolument under the city government.

tives to gen

eral court.


SECT. 44. In the month of October, in each Representayear, the city government shall meet in conven- 1821, 110, tion and determine the number of representatives 1831, 38. which it may be expedient for the corporation to send to the general court in the ensuing year, within its constitutional limits, and to publish such determination, which shall be conclusive; and the number thus determined shall be specified in the warrant calling a meeting for the election of representatives.

tion of the


SECT. 45. The mayor of the city, chosen and Compensaqualified as hereinbefore provided, shall be taken 1821, 110, § and deemed to be the chief executive officer of said corporation; and he shall be compensated for his services by a salary, to be fixed by the board of aldermen and common council, in convention assembled, payable at stated periods; which salary shall not exceed the sum of five thousand dollars

His powers

and duties.

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 said salary when fixed shall continue until changed by the city council as aforesaid.

SECT. 46. It shall be the duty of the mayor to 1921, 110, 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; to inspect the conduct of all subordinate officers in the government thereof, and as far as may be in his power to cause all negligence, carelessness, and positive violation of duty to be duly prosecuted and punished. He shall have power, whenever in his judgment the good of said city may require it, to summon meetings of the board of aldermen and common council, or either of them, although the meeting of said boards may stand adjourned to a more distant day, and shall cause suitable notice in writing of such meetings to be given to the respective members of said boards. And he shall, from time to time, communicate to both branches of the city council all such information, and recommend all such measures, as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort and ornament of the said city.

Veto power

of the mayor.

SECT. 47. Every ordinance, order, resolution or vote, to which the concurrence of the board of aldermen and of the common council may be nec

essary, (except on a question of convention of the two branches,) and every order of either branch involving the expenditure of money, shall be presented to the mayor; if he approve thereof he shall signify his approbation by signing the same, but if not, he shall return the same with his objections to the branch in which it originated, who shall enter the objections of the mayor at large on their records, and proceed to reconsider said ordinance, order, resolution, or vote; and, if after such reconsideration, two-thirds of the board of aldermen or common council, notwithstanding such objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the city council, (if it originally required concurrent action,) where it shall also be reconsidered, and if approved by two-thirds of the members present it shall be in force; but in all cases the vote shall be determined by yeas and nays; and if such ordinance, order, resolution, or vote shall not be returned by the mayor within ten days after it shall have been presented, the same shall be in force. But the veto power of the mayor shall not extend to the election of officers required by any law or ordinance to be chosen by the city council in convention, or by concurrent action, unless expressly so provided therein.


SECT. 48. In all cases where any thing is or Same may be required or authorized by any law or ordinance to be done by the mayor and aldermen, the board of aldermen shall first act thereon; and any order, resolution or vote of said board shall be

Mayor to appoint offi

presented to the mayor for his approval, in the manner provided in the preceding section.

SECT. 49. In all cases wherein appointments sent of al- to office are directed to be made by the mayor

cers by con



1821, 110, and aldermen, they shall be made by the mayor, 1851, ch. 94, by and with the advice and consent of the aldermen, and such officers may be removed by the mayor.

Power of removal.

Vacancy in

the office of mayor.

1821, 119, § 5.

Accountability of all


public money. 1821, 110, § 20.

SECT. 50. In the case of the decease, inability, absence or resignation of the mayor, and whenever there is a vacancy in the office from any cause, and the same being declared, and a vote passed by the aldermen and common council respectively, declaring such cause and the expediency of electing a mayor for the time being, to supply the vacancy thus occasioned, the board of aldermen shall issue their warrants in due form for the election of a mayor, and the same proceedings shall be had as are hereinbefore provided for the choice of a mayor.

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SECT. 51. All boards and officers acting under boards and the authority of the said corporation, and entrusted with the expenditure of public money, shall be accountable therefor to the city council, in such manner as they may direct, and it shall be the duty of the city council to publish and distribute annually, for the information of the citizens, a financial particular statement of the receipts and expenditures of all public moneys, and a particular statement of all city property.



Election of overseers of

SECT. 52. The qualified voters of each ward 1821,110,, shall, at the annual meeting, be called upon to Stat. 1849, c. give in their votes for one able and discreet per



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