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tors of presi

length against his name, and to transmit said lists to

the secretary of the commonwealth or to the sheriff Votes for elec- of the county. The board of aldermen shall within dent, &c., how three days next after the day of any election of electors transmitted to of president and vice-president of the United States, G. S. 7, §§ 15-17. held by virtue of the laws of this commonwealth, or of

and when to be

the secretary.

G. S. 9, § 12.

Proceedings in
case represent-
atives are not
chosen.
G. S. 8, § 9.
See ante, § 44
and note.

the United States, deliver, or cause to be delivered the list of votes therefor, sealed up, to the sheriff of the county, and the said sheriff shall within four days after receiving said lists, transmit the same to the office of the secretary of the commonwealth, or the said aldermen may, and when the office of sheriff is vacant, they shall themselves transmit the said lists to the said office within seven days after the election, and all votes not so transmitted shall be rejected. In all elections for representatives to the general court, in case the whole number proposed to be elected shall not be chosen according to law by the votes legally returned, the board of aldermen shall forthwith issue their warrants for a new election, agreeably to the constitution and laws of this commonwealth, and the same proceedings shall be Proceedings in had in all respects as are hereinbefore directed; and in case of no choice being made of representatives to Congress, in either district, of which the city of Boston composes a part, or in case of any vacancy happening in said districts, or either of them, the governor shall cause precepts for new elections, to be directed to the board of aldermen of said city, as often as occasion shall require; and such new elections shall be held, and all proceedings thereon had, and returns made in conformity with the foregoing provisions.

case of no election of representatives to Congress.

G. S. 9, §§ 5-7.

General meet

ings of the citizens.

1821, 110, § 25.

SECT. 60. General meetings of the citizens, qualiified to vote in city affairs, may from time to time be

Art. 19.

held to consult upon the common good, to give instructions to their representatives, and to take all lawful measures to obtain a redress of any grievances, according to the right secured to the people by the consti- Const. Part I. tution of this commonwealth. And such meetings shall and may be duly warned by the board of aldermen, upon the requisition of fifty qualified voters of said city. The mayor, if present, shall preside, and the city clerk shall act as the clerk of such meetings.

meetings to be

board of aldermen.

1821, 110, § 26.

SECT. 61. All warrants for the meetings of the citi- warrants for zens for muncipal purposes, to be had either in gen- issued by the eral meetings or in wards, shall be issued by the board of aldermen, and in such form, and shall be served, executed, and returned at such time and in such manner, as the city council may by any by-law or ordinance direct and appoint.

?

lature to alter

SECT. 62. Nothing in this act contained shall be Power of legis so construed as to restrain or prevent the legislature the charter. from amending or altering the same, whenever they shall deem it expedient.

1821, 110, § 30.

consistent acts

SECT. 63. All acts and parts of acts inconsistent with Repeal of inthis act, are hereby repealed. Provided, however, that Proviso. the repeal of the said acts shall not affect any act done, or any right accruing or accrued, or established, or any suit or proceeding had or commenced in any civil case, before the time when such repeal shall take effect. And that no offence committed, and no penalty or forfeiture incurred under the acts hereby repealed, and before the time when such repeal shall take effect, shall be affected by the repeal. And that no suit or prosecution pending at the time of the said repeal,

Repeal not to

revive other

acts.

Act to be void

anless adopted

Adopted

Nov. 13, 1854.

for any offence committed, or for the recovery of any penalty or forfeiture incurred under the acts hereby repealed, shall be affected by such repeal; and provided also, that all persons, who, at the time when the said repeal shall take effect, shall hold any office under the said acts shall continue to hold the same according to the tenure thereof. And provided also, that all the by-laws and ordinances of the city of Boston, which shall be in force at the time when the said repeal shall take effect, shall continue in force until the same are repealed by the city council. And all officers elected under such by-laws and ordinances, shall continue in office according to the tenure thereof.

SECT. 64. No act which has been heretofore repealed shall be revived by the repeal of the acts mentioned in the preceding section.

SECT. 65. This act shall be void unless the inhabby the citizens. itants of the city of Boston, at a legal meeting called for that purpose, by a written vote, determine to adopt the same; and the qualified voters of the city shall be called upon to give in their votes upon the acceptance of this act, at meetings in the various wards duly warned by the mayor and aldermen, to be held on or before the second Monday of November; and thereupon the same proceedings shall be had respecting the sorting, counting, declaring, recording, and returns of said votes as is herein provided at the election of mayor; and the board of mayor and aldermen shall within three days meet together and compare the returns of the ward officers, and if it appear that the citizens have voted to adopt this act, the mayor shall make proclamation of the fact, and, thereupon, the act shall

If adopted

when to take effect.

take effect for the purpose of electing municipal officers at the next annual election, and for all other purposes it shall take effect on and after the first Monday of January next.'

1

SEAL OF THE CITY.

AN ORDINANCE TO ESTABLISH THE CITY SEAL.

establish the

city seal.

Jan. 2, 1823.

Be it ordained by the Mayor, Aldermen, and Common Ordinance to Council of the City of Boston, in City Council assembled, That the design hereto annexed, as sketched by John R. Penniman, giving a view of the city, be the device of the city seal; that the motto be as follows, to wit: "SICUT PATRIBUS SIT DEUS NOBIS ; " and that the inscription be as follows, to wit: "BOSTONIA CONDITA A. D. 1630. CIVITATIS REGIMINE DONATA A. D. 1822."

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1 For the powers and duties of cities, see General Statutes, chapters 18 and 19. The most important provisions of these chapters are incorporated in their proper places, under the various titles of this volume.

ACTIONS.

Actions, &c., by and against the

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1. Actions, suits, and prosecutions by and against the city city, where may of Boston may be brought in either of the counties of Suffolk, be brought, and Essex, Middlesex, or Norfolk, or in the county where the plaintiff lives; but if brought by the city in the county of Suffolk, may be removed to one of the other of said counties, as provided in the following section.

when may be removed.

G. S. 123, § 6.

If brought by the city in Suf

fendant may

remove to

such case.

2. The defendant or tenant, at the term at which his appearfolk County de- ance is entered, may file a motion in writing for the removal of the suit, and the court shall thereupon order it to be removed another county. to the proper court in such one of the other of said counties as Proceedings in the attorney of the city of Boston elects. Said attorney shall G. S. 123, § 7. enter the same accordingly in the court so designated, at the then next term, and file therein certified copies of the writ or other process and of the order of removal; and the proceedings shall be conducted in like manner as if the suit had been originally commenced in that county.

recover forfeit

Civil actions to 3. Every civil action for the recovery of a forfeiture shall ures, where to be brought in the county in which the offence was committed, be brought. unless a different provision is made in the statute 'imposing the

G. S. 123, § 8.

Inhabitants of
Boston not dis-

forfeiture.

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4. No person shall be disqualified from acting as judge, qualified by in- magistrate, appraiser, or officer of any kind in a suit or proterest from act- ceeding in which any city or town is interested, by reason of

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