to his aid, any constable, or other peace officer, and also to mayor. 1824, 49, 1. Records, vol. 10, R. S. 4, § 12. VI. The citizens qualified to vote in city affairs, at Election of their respective ward meetings, to be held on the second Ibid, $5. Monday in December annually, shall be called upon to give (Adopted by inhabitants, Feb. in their votes for one able and discreet person, being an in- 25, 1825. Boston habitant of the city, to be mayor of said city, for the term p. 505.) of one year. And all the votes so given in, in each ward, being sorted, counted, and declared by the warden and inspectors of elections, shall be recorded at large, by the clerk, in open ward meeting: and in making such declaration and record, the whole number of votes or ballots, given in, shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each person respectively; such numbers to be expressed in words at length; and a transcript of such record, certified and authenticated by the warden, clerk, and a majority of the inspectors of elections for each ward, shall forthwith be transmitted or delivered by such ward clerk, to the clerk of the city. And it shall be the duty of the city clerk, forthwith to enter such returns, or a plain and intelligible abstract of them, as they are successively received, upon the journal of the proceedings of the mayor and aldermen, or some other book to be kept for that purpose. And it shall be the duty of the mayor and aldermen to meet to No choice. Decease, ina bility or absence of mayor. Proceedings in case of no choice the commence gether, within two days after such election, and to examine and compare all the said returns, and to ascertain whether any person has a majority of all the votes given for mayor; and in case a majority is so given, it shall be their duty to give notice thereof, in writing, to the person thus elected, and also to make the same known to the inhabitants of said city. But if, on such an examination no person appears to have a majority of all the votes given for mayor, the mayor and aldermen for the time being, shall issue their warrants for meetings of the respective wards, for the choice of a mayor, at such time and place, as they shall judge most convenient; and the same proceedings shall be had in all respects, as are herein before directed, until a mayor shall be chosen by a majority of all the voters, voting at such elections. And in case of the decease, inability, or absence of the mayor, and the same being declared and a vote passed by the aldermen and common council, respectively, declaring such cause, and the expediency of electing a mayor, for the time being, to supply the vacancy thus occasioned, it shall be lawful for the aldermen and common council to meet in convention, and elect a mayor to hold the said office until such occasion shall be removed, or until a new election. VII. Whenever, on examination by the mayor and of mayor before aldermen of the returns of votes given for mayor at the meetings of the wards holden for the purpose of electing that officer, last preceding the first Monday of January, in each year, no person shall appear to have a majority of all Records, vol. 10, the votes given for mayor, the mayor and aldermen, by ment of the mu- 1839. Boston p. 516.) whom such examination is made, shall make a record of that fact, an attested copy of which it shall be the duty of the city clerk to produce and read, on the first Monday of January, in the presence of the members returned to serve as aldermen and common councilmen; and thereupon the oaths prescribed by law may be administered to the members elect, by any one of the justices of the supreme judicial court, or any judge of any court of record holden in said city, or by any justice of the peace for the county of Suf folk; and thereupon the members of the board of aldermen shall proceed to elect a chairman, and the common council a president, in their respective chambers, and being respectively organized, shall proceed to business in the same manner as is provided in the seventeenth section below, in case of the absence of the mayor:-and the board of aldermen shall forthwith issue their warrants for meetings of the citizens of the respective wards, for the choice of a mayor, at such time and place as they shall judge most convenient; and the same proceedings shall be had, in all respects, as are directed in and by the provisions of the preceding section and repeated from time to time, until a mayor shall be chosen, by a majority of all the voters voting at such elections. elect to accept. Refusal of mayor 1830, 7, § 2. Ibid. VIII. In case any person elected mayor of the city shall refuse to accept the office, the same proceedings shall be had in all respects, as are herein before directed in cases wherein there has been no choice of mayor, until a mayor be chosen by a majority of votes. And in case of Absence of maythe unavoidable absence by sickness or otherwise, of the mayor elect, on the first Monday in January, the city government shall organize itself in the mode herein before provided, and may proceed to business in the same manner as if the mayor were present. or elect. case no mayor is board of alder elected. (Adopted by city 1845. City Re 406.) IX. Whenever it shall appear, by the regular returns Proceedings in of the elections of the city officers, that a mayor has not chosen, or a full been chosen, or that a full board of aldermen has not been men is not elected, such of the board of aldermen, whether they con- 1845, 217, § 1. stitute a quorum or not, as may have been chosen, shall council, Oct. 6, issue their warrant, in usual form, for the election of a cords, vol. 23, p. mayor, or such members of the board of aldermen as may be necessary, and the same proceedings shall be had and repeated, until the election of a mayor and aldermen shall be completed, and all vacancies be filled in the said board; and in case neither a mayor nor any aldermen shall be elected at the usual time for electing the same, and after the powers of the former mayor, and mayor and aldermen, In case neither shall have ceased, it shall be the duty of the president of a mayor nor any alderman is elected. Who is to dis charge the mayor is elected. 1845, 217. $4. Ibid. the common council, to issue his warrant, in the same manner as the board of aldermen would have done, if elected, and the same proceedings shall be had and repeated, until a mayor, or one or more aldermen, shall be elected. X. In case of the non-election of a mayor, the chairduties when no man of the board of aldermen shall discharge all the duties incumbent on the mayor of the city, prescribed by the city charter, or any other law, or any ordinance of the city, which now or hereafter may be required of him, until a mayor shall be chosen and duly sworn to the discharge of his duties; and such chairman, with the board of aldermen, shall discharge all the duties incumbent on the mayor and aldermen. Election of aldermen. 1824, 49, § 1. zens, Feb. 25. cords, vol. 10, p. 505.) XI. The citizens in their respective ward meetings, to 1821, 110, 6. be held on the second Monday of December, annually, shall (Adopted by citi- be called upon to give in their votes for eight persons, be1825. Boston Re- ing inhabitants of said city, to constitute the board of aldermen, for the ensuing year; and all the votes so given, being sorted, counted, and declared by the warden and inspectors shall be recorded at large, by the clerk, in open ward meeting; and in making such declaration and record, the whole number of votes or ballots given in shall be particularly stated, together with the name of every person voted for, and the number of votes given for each person; and a transcript of such record, certified by the warden and clerk, and a majority of the inspectors of each ward, shall, by the said clerk, within two days, be transmitted to the city clerk; whereupon the same proceedings shall be had, to ascertain and determine the persons chosen as aldermen, as are herein before directed in regard to the choice of mayor, and for a new election, in case of the whole number required not being chosen at the first election. And each alderman, so chosen, shall be duly notified in writing of his election by the mayor and aldermen for the time being. nation of alder XII. In case of the death or resignation of any mem- Death or resigber of the board of aldermen, the citizens of Boston shall men. have power to fill such vacancy, at any regular meeting that may thereafter be convened for that purpose. 1824, 28, § 6. board of alder of al- men, common council, or other city offices. 1845, 217, § 2. XIII. Whenever it shall appear to the mayor and al- vacancy in dermen, that there is a vacancy in either the board dermen, or in the common council, or in any of the or ward offices, it shall be the duty of the mayor aldermen to issue their warrant for elections, in due to fill all such vacancies in each and all of the said boards and offices, at such time and place as in their judgment may be deemed advisable. and (Accepted by form, 6, 1845. City Re city council, Oct. cords, vol. 23, p. 406.) Election of com mon council. 1824, 49, 1. 1821, 110, $7, be call- (Adopted by citi discreet 1825. Boston Re zens, Feb. 25, cords, vol. 10, p. XIV. The citizens of each ward, qualified to vote as aforesaid, at their respective ward meetings, to be held on the second Monday of December, annually, shall ed upon to give in their votes for four able and men, being inhabitants of said ward, to be members of the 505.) common council; and all the votes given in as aforesaid, in each ward, being sorted, counted, and declared by the warden and inspectors, if it appear that four persons have a majority of all the votes given at such election, a public declaration thereof, with the names of the persons so chosen, shall be made in open ward meeting, and the same shall be entered at large, by the clerk of such ward, in his journal, stating particularly the whole number of votes given in, the number necessary to make a choice, and the number actually given for each of the persons, so declared to be chosen. But, in case four persons are not chosen at the No choice. first ballot, a new ballot shall be opened for a number of common councilmen, sufficient to complete the number of four; and the same proceedings shall be had, as before directed, until the number of four shall be duly chosen ; Provided, however, that if the said elections cannot conveniently be completed on such day, the same may be adjourned to another day, for that purpose, not longer distant than three days. And each of the persons so chosen as a member of the common council, in each ward, shall, within Adjournmen Certificate of elections. |