actually given for each person, the whole to be See G. S. written in words at length.

1

c. 7, § 14.

in case there

of common councilmen.

SECT. 21. In case four 1 persons are not chosen Proceedings at the first balloting in any ward, the meeting of is no choice 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 City doc. 12, 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 four,1 which shall be conducted, and its results be declared and recorded, in the same manner as before prescribed for the first balloting.

for 1867.

ject.

SECT. 22. In case there shall still be vacancies Same subin 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 seventy-two hours distant from each other, at all of which the balloting shall be conducted, and

1 Altered to three by chap. 243 of the acts of 1875.

Same sub

ject.

Board of aldermen,etc.,

elections.

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 adjourned 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 to judge of council, and the school committee, shall have authority to decide upon all questions relative to the qualifications, elections and returns of their respective members.

1821, c. 110,

§ 7.

Vacancies

in city or ward offi

ces.

SECT. 25. Whenever it shall appear to the board of aldermen that there is a vacancy, by removal from the city, or by death, resignation, or otherwise, in the board of aldermen, the common council, the school committee,1 or in any of the city and ward offices, it shall be the duty of

1 Modified by G. S. chap. 38, § 17.

§ 2.

said board to issue their warrant in due form to 1845, c. 217. 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 council and school committee, such warrant shall not be issued until the board of aldermen receive official information thereof.

city or ward

1815, c. 217,

SECT. 26. All city and ward officers shall be Removal of held to discharge the duties of the offices to which officers from they have been respectively elected, notwithstand-their wards. ing their removal after their election out of their $5. respective wards into any other wards of the city. But they shall not be so held after they have taken up their permanent residence out of the city.

tion of city

§ 9.

§ 2.

SECT. 27. The mayor, aldermen, and common Organizacouncilmen, on the first Monday in January, or be- council. fore entering on the duties of their offices, shall 1821, c. 110, respectively be sworn, by taking the oath of alle- 1824, c. 49, giance and oath of office prescribed in the constitution of this commonwealth, and an oath to support the Constitution of the United States. And such oaths may be administered to the mayor elect, by any one of the justices of the supreme judicial court, or any judge of any court of record, commissioned to hold any such court within the said city, or by any justice of the peace for the county of Suffolk. And such oaths shall be ad

Oath of

office.

Absence of

mayor elect.

ministered to the aldermen and members of the common council by the mayor, being himself first sworn as aforesaid, or by either of the persons authorized to administer said oath to the mayor; and a certificate of such oaths having been taken shall be entered in the journal of the mayor and aldermen, and of the common council respectively, by their respective clerks.

SECT. 28. In case of the unavoidable absence, 1880, c. 7, § 2. on account of sickness or otherwise, of the mayor elect, on the first Monday in January, the city government shall organize itself in the mode herein before provided in cases wherein no person shall have been elected mayor at the meeting last preceding the first Monday in January, and may proceed to business in the same manner as if the mayor were present.

to choose a

Aldermen SECT. 29. After the organization of the city permanent government, and the qualification of a mayor, and chairman. when a quorum of the board of aldermen shall be

present, said board, the mayor presiding, shall proceed to choose a permanent chairman, who shall preside at all meetings of the board and at conventions of the two branches, in the absence of the mayor; and, in case of any vacancy in the office of mayor for any cause, he shall exercise all the powers and perform all the duties of the office as long as such vacancy shall continue. But he shall continue to have a vote in the board, and shall not have the veto power.

1821, c. 110,

SECT. 30. The mayor, aldermen and common City clerk. council in convention, in the month of January, § 10. shall choose a clerk for the term of one year, and

until another person is duly chosen and qualified in his stead, who shall be sworn to the faithful discharge of the duties of his office, and shall be removable at the pleasure of the board of aldermen, the mayor thereto consenting. He shall be denominated the city clerk, and it shall be his duty to keep a journal of the acts and proceedings of the board of aldermen, to sign all warrants issued by them, and to do such other acts in his said capacity as may lawfully and reasonably be required of him; and to deliver over all journals, books, papers and documents entrusted to him as such clerk to his successor in office, immediately upon such successor being chosen and qualified as aforesaid, or whenever he may be thereunto required by the aldermen. The city clerk thus chosen and qualified shall continue to have all the powers and perform all the duties now by law belonging to him.

office of city

SECT. 31. In case of a vacancy in the office Vacancy in of city clerk, from any cause, the same shall be clerk. filled in the manner provided in the preceding section.

city clerk.

SECT. 32. In case of the temporary absence of Absence of the city clerk, the mayor, by and with the advice and consent of the board of aldermen, may appoint a city clerk pro tempore.1

For authority to appoint an assistant city clerk, see stats. 1869, c. 32.