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their wards.

held to discharge the duties of the offices to which officers from they have been respectively elected, notwithstand- 1845, c. 217, 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

1821, c. 110,

$9.

§ 2.

SECT. 27. The mayor, aldermen, and common Organiza councilmen, on the first Monday in January, or council. before entering on the duties of their offices, shall 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 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.

office.

mayor elect.

SECT. 28. In case of the unavoidable absence, Absence of on account of sickness or otherwise, of the mayor 1880,c. 7, § 2. elect, on the first Monday in January, the city government shall organize itself in the mode hereinbefore provided in cases wherein no person

to choose a

chairman.

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.

Aldermen SECT. 29. After the organization of the city permanent government, and the qualification of a mayor, and 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.

City clerk.

1821, c. 110,

§ 10.

SECT. 30. The mayor, aldermen, and common council in convention, in the month of January, 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 intrusted

§ 10.

to him as such clerk to his successor in office, im- 1821, c. 110, mediately 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.

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

duties of

dermen.

§ 13.

SECT. 33. The administration of police, to- Powers and gether with the executive powers of the said cor- board of alporation generally, and all the powers formerly 1821, c. 110, vested in the selectmen of the town of Boston, 152, c. 266. 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 subsequently vested in the mayor and aldermen of R. S. c. 24, said city as county commissioners or otherwise, Ibid. c. 14, shall be, and hereby are, vested in the board of $29. aldermen, as hereby constituted, as fully and amply as if the same were herein specially enumerated. A majority of the members of the board shall constitute a quorum for the transac

§ 54.

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

Common

council a

separate body.

1821, c. 110,

§ 11.

Clerk.

tion of business. Their meetings shall be public, and the mayor, if present, shall preside, but without a vote.

SECT. 34. The persons so chosen and qualified 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, except in those cases in which the two bodies are to meet in convention; and the said council shall President. 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, 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 counSittings to cil may require. All sittings of the common council shall be public; and twenty-five members 1867, c. 359. shall constitute a quorum for the transaction of

be public.

Quorum.

1869, c. 349.

Powers of

city council.

business.

SECT. 35. All other powers heretofore by law 1821, 0.10, vested in the town of Boston, or in the inhabitants thereof, as a municipal corporation, or in the city 1851, c. 337. council of the city of Boston, shall be and hereby

1821, c. 110,
§ 15.
1847, c. 262.

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.

of taxes.

1852, c. 301.

R. S. c. 14,

SECT. 36. The city council shall also have the Assessment power from time to time to lay and assess taxes 1821, c. 110, for all purposes for which towns are by law re- § 15. quired or authorized to assess and grant money, 1822, c. 85. and also for all purposes for which county taxes 34. 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.

of taxes.

§ 15.

SECT. 37. The said city council shall also Collection have power to provide for the assessment and 1821, c. 110, collection of such taxes; and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures

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