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Power and duties of

dermen.

§ 13.

1852, c. 266.

SECT. 33. The administration of police, to'board of al- gether with the executive powers of the said cor1821, c. 110, poration generally, and all the powers formerly vested in the selectmen of the town of Boston, either by the general laws of this commonwealth, by particular laws relative to the powers and duties of said selectmen, or by the usages, votes, or by-laws of said town, and all the powers subR. S. c. 24, sequently vested in the mayor and aldermen of said city as county commissioners1 or otherwise, shall be, and hereby are, vested in the board of aldermen as hereby constituted, as fully and amply as if the same were herein especially ennmerated. A majority of the members of the board shall constitute a quorum for the transaction of business. Their meetings shall be public, and the mayor, if present, shall preside, but without a vote.

§ 54.
Ibid. c. 14,

§ 29.

'Common

separate

SECT. 34. The persons so chosen and qualicouncil a fied as members of the common council of the said city shall sit and act together as a separate body, distinct from that of the board of aldermen, ex

body.

1821, c. 110, § 11.

1867, c. 359,

$ 7.

President.

cept in those cases in which the two bodies are to 1869, c. 349. meet in convention; and the said council shall have power from time to time to choose one of their own members to preside over their deliberations and to preserve order therein, and also to choose a clerk, who shall be under oath faithfully to discharge the duties of his office, who shall hold such office during the pleasure of said council,

Clerk,

1 Modified by chap. 337 of statutes of 1870.

and whose duty it shall be to attend said council
when the same is in session, to keep a journal of
its acts, votes, and proceedings, and to perform
such other services, in said capacity, as said
council may require. All sittings of the common Sittings to
council shall be public; and a majority of all the
members of the common council shall constitute 1872, c. 15.
a quorum for the transaction of business.

be public.

Quorum.

city council.

§ 16.

SECT. 35. All other powers heretofore by law Powers of vested in the town of Boston, or in the inhabitants 1821, c. 110, thereof, as a municipal corporation, or in the city 1847, c. 262. council of the city of Boston, shall be and hereby 1851, c. 337. are continued to be vested in the mayor, aldermen, and common council of the said city, to be exercised by concurrent vote, each board as hereby constituted having a negative upon the proceedings of the other, and the mayor having a veto power as hereinafter provided. More By-laws. especially, they shall have power to make all such needful and salutary by-laws or ordinances, not inconsistent with the laws of this commonwealth, as towns by the laws of this commonwealth have power to make and establish, and to annex penalties not exceeding fifty dollars for the breach thereof; which by-laws and ordinances shall take effect and be in force from and after the time therein respectively limited, without the sanction or confirmation of any court or other authority whatsoever.

SECT. 36. The city council shall also have the Assessment power from time to time to lay and assess taxes

of taxes.

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§ 15.

1822, c. 85.

R. S. c. 14,

§ 34.

1821, c. 110, for all purposes for which towns are by law re1852, c. 301. quired or authorized to assess and grant money, and also for all purposes for which county taxes may be levied and assessed, so long as other towns in the county shall not be liable to taxation for county purposes. But, in the assessment and apportionment of all such taxes upon the polls and estates of all persons liable to contribute thereto, the same rules and regulations shall be observed as are now established by the laws of this commonwealth, or may be hereafter enacted, relative to the assessment and apportionment of town taxes.

Collection

of taxes.

§ 15.

SECT. 37. The said city council shall also 1821, c. 110, have power to provide for the assessment and collection of such taxes; and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures to insure a just and prompt account thereof; and for these purposes may either elect such assessors Assessors to and assistant assessors as may be needful, or probe chosen. vide for the appointment or election of the same or any of them by the mayor and aldermen, or by the citizens, as in their judgment may be most conducive to the public good; and may also require of all persons entrusted with the collection, Bond, etc., custody, or disbursement of public moneys, such bonds, with such conditions and such sureties, as the case may in their judgment require.

may be re

quired.

City Council

may pro

SECT. 38. The city council may provide for vide for the the appointment or election of all necessary offiappoint- cers for the good government of said city, not

otherwise provided for, and may prescribe duties and fix their compensation; and choose a register of deeds whenever the city be one county.

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custody of

§ 16.

purchase

now Board of

health.

§ 17.

§ 1.

SECT. 39. The city council shall have the care Care and and superintendence of the public buildings, and city propthe care, custody, and management of all property, c. 110, of the city, with power to lease or sell the same, except the common and Faneuil hall. And the Powers to said city council shall have the power to purchase property. 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. SECT. 40. All the power and authority by law vested in the city council, or in the 1821, c. 110, board of mayor and aldermen, relative to the pub- 12 Pick. 134. lic health and the quarantine of vessels, shall con- 1849, c. 211, tinue 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 con

Surveyors of highways

stitute 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

1823, c. 2. surveyors of highways for said city.

City treas

urer.

§ 18.

[SECT. 42. The city council shall, in the month 1821, c. 110, of May, meet together in convention' and elect a suitable person to be the treasurer of said city, R. S. c. 14, who shall also be county treasurer; and who shall hold his office until his successor is chosen and qualified in his stead.]

§ 47.

city council

1821, c. 110,

§ 21.
1851, c. 70.

Members of SECT. 43. No person shall be eligible to any ineligible to office, the salary of which is payable out of the other offices. city treasury, who, at the time of his appointment, shall be a member of either the board of aldermen or the common council; and neither the mayor nor any alderman or member of the common council shall, at the same time, hold any office of emolument under the city government.

Representatives to gen

§ 22.

[SECT. 44. In the month of October in each eral court. year, the city government shall meet in conven1821, c. 110, tion and determine the number of representatives 1831, c. 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.2]

1 Modified by stats. 1875, chap. 185.

2 The twenty-first article of amendment to the constitution of the State, adopted by the people in May, 1857, changed the system of representation,

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