amended by section one of chapter three hundred and forty-one of the acts of the year nineteen hundred and eight. No sinking fund shall be established for said loan. All bonds shall be offered for sale in such a manner that the effect of the premiums, if any, shall be to reduce the total amount of bonds issued. No city or county money shall be deposited in any bank or trust company of which any member of the board of sinking fund commissioners of said city is an officer, director, or agent. SECT. 27.* Every officer and board in charge of a department of the city of Boston or county of Suffolk shall on or before the fifth day of May in each year prepare and furnish to the city auditor a list of the officials and employees under said officer or board and paid by the city or county on the thirtieth day of April preceding. Such lists shall give the names, residence by street and ward, designation, compensation, and date of election or appointment of each of said officials and employees and the date when each first entered the employ of the city or county. It shall be the duty of the city auditor to verify said lists by the pay rolls; and when verified the said lists shall be printed by the superintendent of printing as a city document.

SECT. 28. The jurisdiction now exercised by the board of aldermen concerning the naming of streets, the planting and removal of trees in the public ways, the issue of permits or licenses for coasting, the storage of gasoline, oil, and other inflammable substances or explosive compounds and the use of the public ways for any permanent or temporary obstruction or projection in, under, or over the same, including the location of conduits, poles, and posts for telephone, telegraph, street railway, or illuminating purposes, is hereby vested in the board of street commissioners, to be exercised by said board with the approval in writing of the mayor; and the mayor and city council shall have authority to fix by ordinance the terms by way of cash payment, rent, or otherwise, upon which permits or licenses for the storage of gasoline or oil, or other inflammable substances or explosive compounds, and the construction or use of coal holes, vaults, bay windows, and marquises, in, under, or over the public ways shall be issued.

SECT. 29. Within ninety days after the passage of this act and thereafter there shall be published at least once a week and distributed and sold under the direction of the mayor and on terms to be fixed by the city council and approved by the mayor a paper to be known as the City Record. All advertising, whether required by law or not, with reference to the purchase or taking of land, contracts for work, materials, or supplies, the sale of bonds, or the sale of property for non-payment of taxes shall appear exclusively in said paper; a list of all contracts of one thousand dollars or more, as awarded, with the names of bidders, and the amount of

*Sect. 27 amended by Chap. 168, Spec. Acts of 1919, changing the date from April 30 to June 1 for the annual listing of officials and employees, also by Chap. 133, Acts of 1922, directing the City auditor to keep a copy of said list open for public inspection, and that it be printed as a public document in 1923 and every two years thereafter.

the bids; appointments by the mayor; and changes in the number and compensation of employees in each department, shall be published in the City Record. The proceedings of the city council and school committee together with all communications from the mayor, shall be published in the City Record.

SECT. 30. Every officer or board in charge of a department in said city, when authorized to erect a new building or to make structural changes in an existing building, shall make contracts therefor, not exceeding five, each contract to be subject to the approval of the mayor; and when about to do any work or to make any purchase, the estimated cost of which alone, or in conjunction with other similar work or purchase which might properly be included in the same contract, amounts to or exceeds one thousand dollars, shall, unless the mayor gives written authority to do otherwise, invite proposals therefor by advertisement in the City Record. Such advertisement shall state the time and place for opening the proposals in answer to said advertisement, and shall reserve the right to the officer or board to reject any or all proposals. No authority to dispense with advertising shall be given by the mayor unless the said officer or board furnishes him with a signed statement which shall be published in the City Record giving in detail the reasons for not inviting bids by advertisement.

SECT. 31. At the request of any department, and with the approval of the mayor the board of street commissioners, in the name of the city, may take in fee for any municipal purpose any land within the limits of the city, not already appropriated to public use. Whenever the price proposed to be paid for a lot of land for any municipal purpose is more than twenty-five per cent higher than its average assessed valuation during the previous three years, said land shall not be taken by purchase but shall be taken by right of eminent domain and paid for in the manner provided for the taking of and the payment of damages for land for highways in said city. No land shall be taken until an appropriation by loan or otherwise for the general purpose for which land is needed shall have been made by the mayor and city council by a two thirds vote of all its members; or in case of land for school purposes by the school committee and schoolhouse department in accordance with law; nor shall a price be paid in excess of the appropriation, unless a larger sum is awarded by a court of competent jurisdiction. All proceedings in the taking of land shall be under the advice of the law department, and a record thereof shall be kept by said department.

SECT. 32.* The first municipal election under this act shall take place on the first Tuesday after the second Monday in January in the year nineteen hundred and ten, and thereafter the regular municipal

*Sect. 32 amended by Chap. 730, § 1, Acts of 1914, fixing date of annual municipal election on the sixth Tuesday after the state election. Sect. 32 again amended (by Chap. 288, Acts of 1921) fixing date of municipal election on the first Tuesday after the second Monday in December.

elections in each year in said city shall be held on the first Tuesday after the second Monday in January.

SECT. 33. The fiscal year in said city shall begin on February first and shall end on the thirty-first day of January next following; and the municipal year shall hereafter begin on the first Monday in February and shall continue until the first Monday of the February next following. The present terms of office of members of the school committee are hereby extended to the first Monday of February in the years in which their terms respectively expire, and hereafter the terms of office of members of the school committee shall begin with the first Monday of February following their election. The members of the school committee hereafter shall meet and organize annually on the first Monday of February.

SECT. 34. In Boston beginning with the current year political committees shall be elected at the state primaries instead of at the municipal primaries.

THE MAYOR.

SECT. 45.* The mayor of the city of Boston shall be elected at large to hold office for the term of four years from the first Monday in February following his election and until his successor is chosen and qualified, except as hereinafter provided.

SECT. 46. (Repealed by Chap. 94, Special Acts of 1918. This section provided for the recall of the Mayor.)

SECT. 47. If a vacancy occurs in the office of mayor within two months prior to a regular municipal election other than an election for mayor, or within four months after any regular municipal election, the city council shall forthwith order a special election for a mayor to serve for the unexpired term, subject if the vacancy occurs in the first or second year of the mayor's term to recall under the provisions of the preceding section. If such vacancy occurs at any other time there shall be an election for mayor at the municipal election held in January† next following, for the term of four years, subject to recall as aforesaid. 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, the president of the city council while said cause continues or until a mayor is elected shall perform the duties of mayor. If he is also absent or unable from any cause to perform such duties they shall be performed until the mayor or president of the city council returns or is able to attend to said duties by such member of the city council as that body may elect, and until such election by the city clerk. The person upon whom such duties shall devolve shall be called "acting mayor" and he shall possess the powers of mayor only in matters * Sections 35 to 44, inclusive, are omitted because now inoperative. *Sect. 45 amended by Chap. 94, Special Acts of 1918, providing that the mayor shall not be eligible for election for the succeeding term. † January changed to December by Chap. 730, Acts of 1914, §§ 2 and 3.

not admitting of delay, but shall have no power to make permanent appointments except on the decease of the mayor.

THE CITY COUNCIL.

SECT. 48. There shall be elected at large in said city a city council consisting of nine members. At the first election under this act there shall be elected nine members of said city council. No voter shall vote for more than nine. The three candidates receiving the largest number of votes at said election shall hold office for three years, the three receiving the next largest number of votes shall hold office for two years, the three receiving the next largest number of votes shall hold office for one year. In case two or more persons elected should receive an equal number of votes those who are the seniors by age shall for the division into classes hereby required be classified as if they had received the larger number of votes in the order of ages. Thereafter at each annual municipal election there shall be chosen at large three members of the city council to hold office for a term of three years. No voter shall vote for more than three. All said terms shall begin with the first Monday of February following the election.

SECT. 49. Each member of the city council shall be paid an annual salary of fifteen hundred dollars; and no other sum shall be paid from the city treasury for or on account of any personal expenses directly or indirectly incurred by or in behalf of any member of said council.

SECT. 50. The city council shall be the judge of the election and qualifications of its members; shall elect from its members by vote of a majority of all the members a president who when present shall preside at the meetings thereof; shall from time to time establish rules for its proceedings, and shall, when a vacancy occurs in the office of any member, elect by vote of a majority of all the members a registered voter of said city to fill the vacancy for the remainder of the municipal year. The vacancy for the remainder of the unexpired term shall be filled at the next annual municipal election, unless the vacancy occurs within two months prior to such municipal election, in which event the city council shall forthwith order a special election to fill the vacancy for the unexpired term. The member eldest in years shall preside until the president is chosen, and in case of the absence of the president, until a presiding officer is chosen.

SECT. 51. All elections by the city council under any provision of law shall be made by a viva voce vote, each member who is present answering to his name when it is called by the clerk or other proper officer, and stating the name of the person for whom he votes, or declining to vote as the case may be; and the clerk or other proper officer shall record every such vote. No such election shall be valid unless it is made as aforesaid.

SECT. 52. No primary election or caucus for municipal offices shall be held hereafter in the city of Boston, and all laws relating to primary elections and caucuses for such offices in said city are hereby repealed.

SECT. 53. Any male qualified registered voter in said city may be nominated for any municipal elective office in said city, and his name as such candidate shall be printed on the official ballot to be used at the municipal election: provided, that at or before five o'clock P.M. of the twenty-fifth day prior to such election nomination papers prepared and issued by the election commissioners, signed in person by at least five thousand registered voters in said city qualified to vote for such candidate at said election, shall be filed with said election commissioners, and the signatures on the same to the number required to make a nomination are subsequently certified by the election commissioners as hereinafter provided. Said nomination papers shall be in substantially the following form:

COMMONWEALTH OF MASSACHUSETTS.

CITY OF BOSTON
NOMINATION PAPER.

The undersigned, registered voters of the City of Boston qualified to vote for a candidate for the office named below, in accordance with law, make the following nomination of candidates to be voted for at the election to be held in the City of Boston on December 19.

NAME OF CANDIDATE. Give first or middle name in full.)

OFFICE FOR WHICH
NOMINATED.

RESIDENCE.

Street and number, if any.

SIGNATURES AND RESIDENCES OF NOMINATORS.

We certify that we have not subscribed to more nominations of candidates for this office than there are persons to be elected thereto. In case of the death, withdrawal, or incapacity of any of the above nominees, after written acceptance filed with the board of election commissioners, we authorize (names of a committee of not less than five persons) or a majority thereof as our representatives to fill the vacancy in the manner prescribed by law.

Sect. 53 amended by Chap. 730, § 4, Acts of 1914 (accepted by the voters, November 3, 1914), so as to require but 3,000 certified signatures for nomination of mayor and 2,000 for nomination of city council or school committee member. Also, the twenty-fifth day "prior to such election" changed to the twenty-first day.

NOTE.- The last clause of Sect. 53, containing the jurat, annulled in 1918 by Chap. 37, Special Acts.