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neglect of duty to be punished. He may call special meet-
SECTION 8. The executive power of said city generally, Executive power and the administration of the police, with all the powers dermen. heretofore vested in the selectmen of Lynn, shall be vested in the mayor and aldermen as fully as if the same were herein specially enumerated.
And the mayor and aldermen shall have full and exclusive Police officers. power to appoint a constable and assistants, or a city marshal and assistants, with the powers and duties of constables, and all other police officers; and may remove the same when in their opinion sufficient cause for removal exists.
All other powers now vested in the inhabitants of said town, and all powers granted by this act, shall be vested in the mayor and aldermen and common council of said city, to be exercised by concurrent vote, each board to have a negative upon the other. But the city council shall annu- City officers, ally, as soon after their organization as may be convenient, poor, &c., &c. elect by joint ballot in convention, the overseers of the poor, and these shall be selected in manner as follows, viz. : one overseer of the poor at least, shall be taken from each ward; also city treasurer and collector, firewards, city clerk, assessors and assistant assessors, and shall in such manner as said city council shall determine, by any by-law made for the purpose, appoint or elect all subordinate officers not herein otherwise directed, for the ensuing year, define their duties, and fix their compensations, in cases where such duties and compensations shall not be defined and fixed by the laws of this Commonwealth.
All sittings of the common council shall be public, and appropriations all sittings of the mayor and aldermen when they are not engaged in executive business. The city council shall take care that money shall not be paid from the treasury unless granted or appropriated; shall secure a just and prompt accountability by requiring bonds, with sufficient
Mayor to nominate.
penalty and sureties from all persons trusted with the receipt, custody, or disbursement of money; shall have the care and superintendence of city buildings, and the custody and management of all city property, with power to let or sell what may be legally let or sold except the common ; and to purchase property, real or personal, in the name and for the use of the city, whenever its interest or convenience
may, in their judgment, require it. Receipts and ex
And the city council shall, as often as once a year, cause penditures.
to be published, for the use of the inhabitants, a particular account of receipts and expenditures, and a schedule of city property.
SECTION 9. In all cases, in which appointments are directed to be made by the mayor and aldermen, the mayor shall have the exclusive power of nomination, such nomination, however, being subject to be confirmed or rejected by the board of aldermen: provided, however, that no person shall be eligible to any office, the salary of which is payable out of the city treasury, who, at the time of his appointment, shall be a member either of the board of aldermen or common council; and neither the mayor, nor any alderman, or member of common council, shall, at the same time, hold any other office under the city government: provided, however, that the mayor and president of the common council shall be, ex officio, members of the school committee : and provided, further, that said mayor and aldermen, and one common councilman from each ward, shall be overseers of
the poor, if said city council shall so determine. City clerk.
SECTION 10. Said city council shall have power to choose a city clerk, who shall be clerk of the board of aldermen. He shall perform such duties as shall be prescribed by the board of aldermen, and shall perform all the duties, and exercise all the powers, by law incumbent upon, or vested in, the town clerk of the town of Lynn.
SECTION 11. Three assessors shall be annually chosen by the city council, who shall exercise the same powers, and be subject to the same duties and liabilities, that the assessors in the several towns in the Commonwealth may exercise or be subject to, under existing laws.
And the city council shall appoint one person in each ward, whose duty it shall be to furnish the assessors with all necessary information relative to persons and property taxable in their several wards, and who shall be sworn to the faithful performance of their duty.
All taxes shall be assessed, apportioned and collected in the manner prescribed by the laws of the Commonwealth : provided, however, that the city council may establish further or additional provisions for the collection thereof.
The city council shall have exclusive Streets and townauthority and power to lay out any new street or town-way, and to estimate the damages any individual may sustain thereby; but all questions relating to the subject of laying out, accepting, altering or discontinuing any street or way, shall first be acted upon by the mayor and aldermen.
And any person dissatisfied with the decision of the city council, in the estimate of damages, may make complaint to the county commissioners of the county of Essex, at any meeting held within one year after such decision, whereupon the same proceedings shall be had as are now provided by the laws of the Commonwealth, in cases where persons are aggrieved by the assessment of damages by the selectmen, in the twenty-fourth chapter of the Revised Statutes.
SECTION 13. All power and authority now by law vested Health. in the board of health for the town of Lynn, or in the selectmen of said town, shall be transferred to, and invested in, the city council, to be carried into execution in such manner as the city council shall deem expedient.
SECTION 14. The city council shall have authority to Drains, &c. cause drains and common sewers to be laid down through any streets or private lands, paying the owners such damage as they may sustain thereby; and to require all persons to pay a reasonable sum for the privilege of opening any drain into said public drain or common sewer. And the city council may make by-laws, with suitable Inspection of
lumber, &c. penalties, for the inspection, survey, measurement, and sale of lumber, wood, coal, and bark, brought into the city for sale.
SECTION 15. It shall be the duty of the city council, in City council to the month of October, annually, to meet in convention and ber of represendetermine the number of representatives to be sent to the tatives. general court, by said city in such year, 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.
SECTION 16. All elections for county, state, and United Election of counStates officers, who are voted for by the people, shall be states officers. held at meetings of the citizens qualified to vote in such elections, in their respective wards, at the time fixed by law for these elections respectively; and, at such meetings, all the votes, given for said several officers respectively, shall be assorted, counted, declared and registered in open ward meeting, by causing the names of all persons voted for, and the number of votes given for each, to be written in the ward record in words at length. The ward clerk shall forthwith deliver to the city clerk a certified copy of the record of such elections.
Lists of voters.
The city clerk shall forthwith record such returns, and the mayor and aldermen shall, within two days after every such election, examine and compare all said returns, and make out a certificate of the result of such elections, to be signed by the mayor and a majority of the aldermen, and also by the city clerk, which shall be transmitted or delivered in the same manner as similar returns are by law directed to be made by selectmen of towns. And in all elections for representatives to the general court, in case the whole number proposed to be elected shall not be chosen by a majority of the votes legally returned, the mayor and aldermen shall forth with issue their warrant for a new election, conformably to the provisions of the constitution and the laws of the Commonwealth.
SECTION 17. Prior to every election, the mayor and aldermen shall make out lists of all the citizens of each ward, qualified to vote in such elections, in the manner in which selectmen of towns are required to make out lists of voters ; and, for that purpose, they shall have full access to the assessors' books and lists, and be entitled to the assistance of all assessors, assistant assessors, and city officers; and they shall deliver said lists, so prepared and corrected, to the clerks of said wards, to be used at such elections; and no person shall be entitled to vote whose name is not borne on such lists.
SECTION 18. General meetings, of the citizens qualified to vote, may, from time to time, be held, to consult upon the public good, to instruct their representatives, and to take all lawful measures to obtain redress for any grievances, according to the right secured to the people by the constitution of this Commonwealth.
And such meetings may and shall be duly warned, by the mayor and aldermen, upon the requisition of fifty qualified voters.
SECTION 19. The city council shall have power to make all such salutary and needful by-laws as towns, by the laws of this Commonwealth, have power to make and establish, and to annex penalties, not exceeding twenty dollars, for the breach thereof; which by-laws shall take effect, and be in force, from and after the time therein respectively limited, without the sanction of any court, or other authority whatever: provided, however, that all laws and regulations, now in force in the town of Lynn, shall, until they shall expire by their own limitation, or be revised or repealed by the city council, remain in force, and all fines and forfeitures, for the breach of any by-law, or ordinance, shall be paid into the city treasury.
breach of by
SECTION 20. All fines, forfeitures, and penalties, accruing Fines, &c., for for the breach of any by-laws of the city of Lynn, or of any laws of the ordinances of the city council, or of any of the orders of the mayor and aldermen, may be prosecuted for and recovered, before the police court in said city of Lynn, hy complaint or information, in the same way and manner in which other criminal offences are now prosecuted before the police courts within this Commonwealth ; reserving, however, in all cases, to the party complained of and prosecuted, the right of appeal to the court of common pleas, then nest to be held in the county of Essex, from the judgment and sentence of the police court.
And the appeal shall be allowed on the same terms, and the proceedings shall be conducted therein in the same manner, as provided in the one hundred and thirty-eighth chapter of the Revised Statutes of this Commonwealth.
And it shall be sufficient, in all such prosecutions, to set forth, in the complaint, the offence fully, plainly, substantially, and formally ; and it shall not be necessary to set forth such by-law, ordinance or order, or any part thereof.
All fines, forfeitures, and penalties, so recovered and paid, shall be paid to the treasurer of the city of Lynn, and shall inure to such uses as said city council shall direct.
When any person, upon any conviction before the police court, for any breach of any by-law of said city of Lynn, or any of the ordinances of the city council, or any of the orders of the mayor and aldermen, shall be sentenced to pay a fine, or ordered to pay any penalty or forfeiture, provided by any such by-law, ordinance or order, or, upon claiming an appeal, shall fail to recognize for his appearance at the court appealed to, and there to prosecute his appeal, and to abide the sentence or order of the court thereon, and, in the mean time, to keep the peace, and be of good behavior ; and, upon not paying the fine, penalty, or forfeiture, and cost so assessed upon him, he shall be committed to prison, there to remain until he or she shall pay such fine, forfeiture or penalty, and costs, or be otherwise discharged according to law.
The provisions of this section shall also apply to all prosecutions founded on the by-laws or ordinances of the town of Lynn, which may continue in force after this act shall go into operation, and all the powers of the police court, already established, shall be continued to it. SECTION 21. For the purpose of organizing the system First organiza
tion of city govof government hereby established, and putting the same into operation, in the first instance, the selectmen of the town of Lynn for the time being, shall, on some day during the months of May or June, of the present year, issue their