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1822, 85.

G. S. 11, § 30.

ized to assess and grant money, and also for all purposes for which county taxes 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 G. S. 11, §§ 22- 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.

54.

Collection of taxes.

chosen.

SECT. 37. The said city council shall also have 1821, 110, § 15. power to provide for the assessment and collection of such taxes, and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures to ensure a just and prompt. Assessors to be account thereof; and for these purposes, may either elect such assessors, and assistant-assessors, as may be needful, or provide for the appointment or election of the same, or any of them, by the mayor and aldermen, or by the citizens, as in their judgment may be most conducive to the public good, and may also require of all persons intrusted with the collection, custody, or disbursement of public moneys, such bonds, with such conditions and such sureties, as the case may in their judgment require.

Bonds may be

required of all

who collect, keep, or disburse public

moneys.

City council

may provide for the appointment of city officers.

SECT. 38. The city council may provide for the appointment or election of all necessary officers, for the good government of said city, not otherwise pro1821, 110, § 16. vided for, and may prescribe their duties, and fix their compensation, and may choose a register of deeds, whenever the city shall be one county.

When may

choose register

of deeds.

tody of city

1821, 110, § 16.

SECT. 39. The city council shall have the care and Care and cussuperintendence of the public buildings, and the care, property. custody, and management of all property of the city, with power to lease or sell the same, except the Com- 1859, 210, § 3. mon and Faneuil Hall. And the said city council shall have power to purchase property, real or per- Power to pursonal, in the name, and for the use of the city, whenever its interests or convenience may in their judgment require it.

chase property.

health.

G. S. 26, § 2.

12 Pick. 184.

SECT. 40. All the power and authority now by law Board of vested in the city council or in the board of mayor and 1821, 110, § 17. aldermen, relative to the public health and the quarantine of vessels, shall continue to be vested in the city council, to be carried into execution by the appointment of one or more health commissioners; or in such other manner as the health, cleanliness, comfort, and order of the city may in their judgment require, subject to such alterations as the legislature may from time to time adopt. The powers and duties above named may be exercised and carried into effect by the city council, in any manner which they may prescribe, or through the agency of any persons to whom they may delegate the same, notwithstanding a personal exercise of the same, collectively or individually, is prescribed by previous legislation; and the city council may constitute either branch, or any committee of their number, whether joint or separate, the board of health for all, or for particular purposes.

SECT. 41. The board of aldermen shall be surveyors Surveyors of of highways for said city.

highways. 1823, ch. 2.

SECT. 42. The city council shall, in the month of City treasurer.

G. S. 17, § 44.

1821, 110, § 18. May, meet together in convention and elect a suitable person to be the treasurer of said city, who shall also be county treasurer; and who shall hold his office until his successor is chosen and qualified in his stead.

Members of

city "council ineligible to other offices.

22

SECT. 43. No person shall be eligible to any office, the salary of which is payable out of the city treasury, 1821, 110, §§ 21, who, at the time of his appointment, shall be a member of either the board of aldermen or the common council; and neither the mayor, nor any alderman, or member of the common council shall, at the same time, hold any office of emolument under the city government.

G. S. 19, § 12.

Representa

tives to general court. 1821, 110, § 22. 1831, 38.

Compensation

of the mayor.

SECT. 44. In the month of October, in each year, the city government shall meet in convention and determine the number of representatives which it may be expedient for the corporation to send to the general court in the ensuing year, within its constitutional limits, and to publish such determination, which shall be conclusive; and the number thus determined shall be specified in the warrant calling a meeting for the election of representatives.1

SECT. 45. The mayor of the city, chosen and qual1821, 110, § 12. ified as hereinbefore provided, shall be taken and deemed to be the chief executive officer of said corporation; and he shall be compensated for his services by a salary, to be fixed by the board of aldermen and common council, in convention assembled, payable at stated

The twenty-first article of amendment to the Constitutition of the State, adopted by the people in May, 1857, changed the system of representation, and made this section of the charter inoperative. The number of representatives to the general court, apportioned to Suffolk County by the act of 1857, c. 308, re-enacted in the Gen. Stats. c. 8, § 6, is twenty-eight. Of these Boston has twenty-six, and Chelsea two.

periods; which salary shall not exceed the sum of five thousand dollars annually, and he shall receive no other compensation or emoluments whatever; and no regulations enlarging or diminishing such compensation shall be made, to take effect until the expiration of the year for which the mayor then in office shall have been elected, and said salary when fixed shall continue until changed by the city council as aforesaid.

duties of the

1821, 110, § 12.

SECT. 46. It shall be the duty of the mayor to be Powers and vigilant and active at all times in causing the laws for mayor. the government of said city to be duly executed and put in force; to inspect the conduct of all subordinate officers in the government thereof, and as far as may be in his power to cause all negligence, carelessness, and positive violation of duty to be duly prosecuted and punished. He shall have power, whenever in his judgment the good of said city may require it, to summon meetings of the board of aldermen and common council, or either of them, although the meeting of said boards may stand adjourned to a more distant day, and shall cause suitable notice in writing of such meetings to be given to the respective members of said boards. And he shall, from time to time, communicate to both branches of the city council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, and ornament of the said city.

the mayor.

SECT. 47. Every ordinance, order, resolution, or vote, Veto power of to which the concurrence of the board of aldermen and of the common council may be necessary, (except on a question of convention of the two branches,) and every order of either branch, involving the expendi

the mayor.

ture of money, shall be presented to the mayor; if he approve thereof he shall signify his approbation by signing the same; but if not, he shall return the same with his objections, to the branch in which it originated, who shall enter the objections of the mayor at large on their records, and proceed to reconsider said ordinance, order, resolution, or vote; and if after such reconsideration, two thirds of the board of aldermen, or common council, notwithstanding such objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the city council, (if it originally required concurrent action,) where it shall also be reconsidered, and if approved by two thirds of the members present it shall be in force; but in all cases the vote shall be determined by yeas and nays, and if such ordinance, order, resolution, or vote shall not be returned by the mayor within ten days after it shall have been presented, the same shall be in force. But the veto power of the mayor shall not extend to the election of officers required by any law or ordinance to be chosen by the city council in convention, or by concurrent action, unless expressly so provided therein.

Veto power of SECT. 48. In all cases where anything is or may be required or authorized by any law or ordinance to be done by the mayor and aldermen, the board of aldermen shall first act thereon; and any order, resolution, or vote of said board shall be presented to the mayor for his approval, in the manner provided in the preceding section.

Mayor to appoint officers

SECT. 49. In all cases wherein appointments to office are directed to be made by the mayor and alder1821, 110, § 21. men, they shall be made by the mayor, by and with the

by consent of

aldermen.

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