not elected. § 1. board of aldermen has not been elected, such of aldermen is the board of aldermen, whether they constitute 1845, c. 217, 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, and all vacancies shall be filled in the said board; and, in case neither a mayor nor any alderman 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. aldermen. SECT. 19. The qualified voters of said city Election of shall, at the annual meeting, be called upon to 1821, c. 110, give in their votes for twelve persons, being inhab- § 6. itants 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 particu– See G. 8. larly 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, c. 7, § 14. Election of eommon § 7. 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 had 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 writing of his election, by the mayor or aldermen for the time being. SECT. 20. The qualified voters of each ward councilmen, shall, at the annual election, be called upon to give 1821, c. 110, 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 proceeding 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. See G. 8. c. 7, § 14. Proceedings in case there SECT. 21. In case four persons are not chosen is no choice at the first balloting in any ward, the meeting of councilmen. Such ward shall be adjourned by the presiding of common 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 for 1867. 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, which shall be conducted, and its results be declared and recorded, in the same manner as before prescribed for the first balloting. 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 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. ject. SECT. 23. If, at the close of the last legally Same subadjourned 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 num Board of aldermen, etc. elections. ber 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 1821, c. 110, authority to decide upon all questions relative to the qualifications, elections and returns of their respective members. $7. Vacancies in city or ward offi ces. § 2. SECT. 25. Whenever it shall appear to the board of aldermen that there is a vacancy, by 1845, c. 217, removal 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 council and school committee, such warrant shall not be issued until the board of aldermen receive official information thereof. Removal of city or ward SECT. 26. All city and ward officers shall be 1 Modified by G. S. chap. 38, § 17. their wards. § 5. 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 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, § 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 § 9. 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 1830, 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 A |