16 most convenient to the inhabitants, and shall re17 apportion the members of the common council among 18 the several wards, according to the principles herein 19 prescribed for the original division and apportionment 20 by the selectmen.

1

SECT. 4. On the first Monday of March, annually, 2 there shall be chosen by ballot, in each of said wards, 3 a warden, clerk, and three inspectors of elections, 4 residents of the wards in which they are chosen, who 5 shall hold their offices for one year, and until others 6 have been chosen in their places, and qualified to 7 act. The warden shall preside at all meetings, with 8 the powers of moderator of town meetings. And if 9 the warden shall not be present, the clerk shall pre10 side until a warden, pro tempore, shall be chosen by 11 ballot. If, at any meeting, the clerk shall not be 12 present, a clerk, pro tempore, shall be chosen by ballot. 13 The clerk shall record all the proceedings, and certify 14 the votes given, and deliver over to his successor all 15 such records and journals, together with all other 16 documents and papers, held by him in said capacity. 17 The inspectors of elections shall assist the warden 18 in receiving, assorting, and counting, the votes. And 19 the warden, clerk, and inspectors, shall respectively 20 make oath faithfully and impartially to discharge their 21 several duties relative to all elections, which oath may 22 be administered by the clerk to the warden, and by 23 the warden to the clerk and inspectors, or by any jus24 tice of the peace for the county of Hampden. A cer25 tificate that said oaths have been taken shall be entered 26 upon the records of the ward, by the clerk. All war27 rants for the meetings of the citizens for municipal

28 purposes, to be held either in wards or in general 29 meetings, shall be issued by the mayor and aldermen, 30 and shall be in such form, and be served, executed, 31 and returned, in such manner, and at such times, as 32 the city council may, by any by-law, direct.

1 SECT. 5. The mayor and aldermen, the city clerk, 2 city treasurer, and a school committee of five persons, 3 shall be elected at large, by the qualified voters of the 4 city, voting in their respective wards. And the common 5 councilmen shall be elected from and by each ward, 6 being residents in the wards in which they are elected. 7 All of said officers shall be chosen by ballot, and shall 8 hold their offices for one year from the first Monday in 9 April; and the mayor, city clerk, and city treasurer, 10 until others shall be elected and qualified in their 11 places.

1 SECT. 6. On the first Monday in March, annually, 2 the qualified voters, in each ward, shall give in their 3 votes for a ward clerk, warden and inspectors, and 4 for mayor, aldermen, and common councilmen, city 5 clerk, city treasurer, and five persons, at large, to be 6 a school committee. All the votes so given shall be 7 assorted, counted, declared, and registered, in open 8 ward meeting, by causing the names of persons voted 9 for, and the number of votes given for each, to be 10 written in the ward records, in words, at length. The 11 ward clerk, within twenty-four hours after such elec12 tion, shall deliver to the persons elected members of the 13 common council, certificates of their elections, signed 14 by the warden and clerk, and by a majority of the 15 inspectors of elections, and shall deliver to the city

16 clerk a copy of the records of such election, certified 17 in like manner. Provided, that if the choice of com18 mon councilmen, ward clerk, warden or inspectors, 19 shall not be effected on that day, the meeting may be 20 adjourned from time to time, to complete such elec21 tion. The board of aldermen shall, as soon as con22 veniently may be, examine the copies of the records of 23 the several wards, certified as aforesaid, and shall 24 cause the person who may have been elected mayor, 25 to be notified, in writing, of his election; but if it shall 26 appear that no person has received a majority of the 27 votes, or if the person elected shall refuse to accept the 28 office, the board shall issue their warrants for a new 29 election, and the same proceedings shall be had as 30 are hereinbefore provided for the choice of mayor, and 31 repeated, from time to time, until a mayor is chosen. 32 If it shall appear that the whole number of aldermen 33 have not been elected, the same proceedings shall be 34 had as are hereinbefore prescribed for the choice of 35 mayor. And each alderman shall be notified, in 36 writing, of his election, by the mayor and aldermen 37 for the time being.

38 In case of the decease, resignation, or absence of 39 the mayor, or of physical inability to perform the 40 duties of his office, the board of aldermen and the 41 common council shall, respectively, by vote, declare 42 that a vacancy exists, and the cause thereof; where43 upon, the two boards shall meet in convention, and 44 elect a mayor, for the time being, who shall serve 45 until another is chosen, or until the occasion causing 46 the vacancy is removed. The oaths prescribed by 47 this act may be administered to the mayor by the

48 city clerk, or any justice of the peace for the county 49 of Hampden.

50

The aldermen and common councilmen elect shall, 51 on the first Monday of April, at 10 o'clock in the fore52 noon, meet in convention, when the oath required by 53 this act shall be administered to them by the mayor, 54 or any justice of the peace for the county of Hamp55 den, and a certificate, setting forth that such oath has 56 been taken, shall be entered on the journals of each 57 board, by their respective clerks. When it shall 58 appear that no mayor has been elected previous to 59 the first Monday in April, the mayor and aldermen, 60 for the time being, shall make a record of that fact, 61 an attested copy of which the city clerk shall read at 62 the opening of the convention, to be held as afore63 said. After the oath has been administered, the two 64 boards shall separate, and the common council shall 65 be organized by the choice of a president and clerk, 66 to hold their offices during the pleasure of the common 67 council; the clerk to be sworn to the faithful per68 formance of the duties of his office. In case of the 69 absence of the mayor elect on the first Monday in 70 April, the city government shall organize itself, as 71 herein before provided, and may proceed to business. 72 in the same manner as if the mayor were present; 73 and, at any time thereafter, in convention of the two 74 branches, the oath of office may be administered to 75 the mayor, and to any member of the city council who 76 may have been absent at the organization. In the 77 absence of the mayor, at any meeting, the board of 78 aldermen may choose a presiding officer, pro tempore, 79 who shall also preside at joint meetings of the two 80 boards. Each board shall keep a record of its own

81 proceedings, and judge of the elections of its own 82 members. In case of failure of election, or in case of 83 a vacancy, declared by either board, the mayor and 84 aldermen shall issue their warrants for a new election.

1 SECT. 7. The mayor shall be the chief executive 2 officer of said city. He shall be vigilant and active 3 in causing the laws, and all by-laws and ordinances 4 of the city to be enforced, and keep a general su5 pervision over the conduct of all subordinate officers. 6 And whenever, in his opinion, the public good requires 7 it, he may, with the consent of the appointing power, 8 remove from office any officer, over whose appoint9 ment he has the power of nomination. He may call 10 special meetings of the boards of aldermen and com11 mon council, or either of them, when, in his opinion, 12 the interests of the city require it, by causing notices 13 to be left at the places of residence of the several 14 members. He shall communicate, from time to time, 15 to both boards, such information, and recommend such 16 measures, as, in his opinion, the business and interests 17 of the city may require. He shall preside in the 18 board of aldermen, and in the convention of the two 19 boards, but shall have only a casting vote. His salary, 20 for the first year in which this charter shall take effect, 21 shall be five hundred dollars, and no more; and it 22 shall afterwards be fixed by the city council, but shall 23 not, at any time, exceed eight hundred dollars; and it 24 shall neither be increased nor diminished during the 25 year for which he is chosen provided, that the city 26 council may appoint the mayor commissioner of high27 ways, when, in their opinion, such an officer is neces28 sary, and allow him a suitable compensation therefor.