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In the Year One Thousand Eight Hundred and FortyEight.

AN ACT

To establish the City of Worcester.

BE it enacted by the Senate and House of Representatires, in General Court assembled, and by the authority of

the same, as follows:

1 SECT. 1. The inhabitants of the town of Worcester 2 shall continue to be a body politic and corporate, under 3 the name of the city of Worcester, and, as such, shall 4 have, exercise, and enjoy, all the rights, immunities, 5 powers and privileges, and shall be subject to all the 6 duties and obligations now incumbent upon, and 7 appertaining to, said town as a municipal corpora

8 tion.

1 SECT. 2. The administration of all the fiscal, pru2 dential and municipal affairs of said city, with the gov3 ernment thereof, shall be vested in one principal officer, 4 to be styled the mayor; one council of eight, to be 5 called the board of aldermen ; and one council of 6 twenty-four, to be called the common council, which 7 boards, in their joint capacity, shall be denominated the 8 city council, and the members thereof shall be sworn to 9 the faithful performance of the duties of their respec10 tive offices. A majority of each board shall constitute 11 a quorum for the transaction of business, and no mem12 ber of either board shall receive any compensation for 13 his services.

1 SECt. 3. It shall be the duty of the selectmen of 2 the town of Worcester, as soon as may be after the 3 passage of this act, and its acceptance by the inhabit4 ants, as hereinafter provided, to divide said town into 5 eight wards, to contain, as nearly as may be, con6 veniently, an equal number of inhabitants. And it 7 shall be the duty of the city council, once in five years, 8 and not oftener, to revise, and, if it be needful, to alter 9 said wards, in such manner as to preserve, as nearly 10 as may be, an equal number of inhabitants in each 11 ward, having due regard to convenience in other 12 respects.

1 SECT. 4. On the first Monday in 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

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9 10 1 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34. 35

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act. It shall be the duty of such warden to preside at all ward meetings, with the powers of moderator of town meetings. And if, at any such meeting, the warden shall not be present, the clerk of such ward shall call the meeting to order, and preside until a warden, pro tempore, shall be chosen by ballot. And if, at any meeting, the clerk shall not be present, a clerk, pro tempore, shall be chosen by ballot. The clerk shall record all the proceedings, and certify the votes given, and deliver over to his successor in office all such records and journals, together with all other documents and papers, held by him in said capacity. It shall be the duty of the inspectors of elections to assist the warden in receiving, assorting, and counting, the votes. And the warden, clerk, and inspectors, so chosen, shall respectively make oath faithfully and impartially to discharge their several duties relative to all elections, which oath may be administered by the clerk of such ward to the warden, and by the warden to the clerk and inspectors, or by any justice of the peace for the county of Worcester. A certificate that the oath has been taken shall be entered upon the records of the ward, by the clerk thereof. All warrants for the meetings of the citizens for municipal purposes, to be held either in wards or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, and shall be served, executed, and returned, in such manner, and at such time, as the city council may, by any by-law, direct.

SECT. 5. The mayor shall be elected by the qualified voters of the city, at large, voting in their respective wards. And one alderman and three common

4 councilmen shall be elected, from and by the voters of

5 each ward, and shall be residents of the wards, respec

6 tively, in which they are elected. All said officers

7 shall be chosen by ballot, and shall hold their offices

8 for one year from the first Monday in April ; and the

9 mayor, until another shall be elected and qualified in 10 his place.

1 SECT. 6. On the first Monday in March, annually, 2 immediately after a warden, clerk, and inspectors shall 3 have been elected and sworn, the qualified voters, in 4 each ward, shall give in their votes for mayor, alder5 men, and common councilmen, as provided in the 6 preceding section': all the votes so given shall be 7 assorted, counted, declared, and recorded, 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 record, at length. The clerk of 11 the ward, within twenty-four hours after such election, 12 shall deliver to the persons elected alderman, and 13 members of the common council, certificates of their 14 elections, respectively, signed by the warden and 15 clerk, and by a majority of the inspectors of elections, 16 and shall deliver to the city clerk a copy of the record 17 of such elections, certified in like manner. Provided, 18 however, that if the choice of an alderman, or members 19 of the common council, shall not be effected on that 20 day, in any ward, the meeting in such ward may be 21 adjourned, from time to time, to complete such elec22 tion. The board of aldermen shall, as soon as con23 veniently may be, examine the copies of the records of 24 the several wards, certified as aforesaid, and shall 25 cause the person who shall have been elected mayor

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to be notified, in writing, of his election; but if it shall appear that no person has received a majority of the votes, or if the person elected shall refuse to accept the office, the board shall issue warrants for a new election, and the same proceedings shall be had, in all respects, as are hereinbefore provided for the choice of mayor, and, from time to time, shall be repeated, until a mayor shall be chosen. In case of the decease, resignation, or absence of the mayor, or of his inability to perform the duties of his office, it shall be the duty of the board of aldermen and the common council, respectively, by vote, to declare that a vacancy exists, and the cause thereof; and, thereupon, the two boards shall meet in convention, and elect a mayor to sill such vacancy, and the mayor, thus elected, shall hold his office until the inability causing such vacancy shall be removed, or until a new election. The oath prescribed by this act shall be administered to the mayor by the city clerk, or by any justice of the peace for the county of Worcester. The aldermen and common councilmen elect shall, on the first Monday of April, at 10 o’clock in the forenoon, meet in convention, when the oath required by this act shall be administered to the members of the two boards present, by the mayor, or any justice of the peace for the county of Worcester, and a certificate of such oath having been taken shall be entered on the journal of the mayor and aldermen, and of the common council, by their respective clerks. And whenever it shall appear that a mayor has not been elected previously to the first Monday of April aforesaid, the mayor and aldermen, for the time being,

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