statement hereinbefore directed to be published, and manage all the financial concerns of the corporation, in addition to such duties as may be required of him by law, and shall be entitled to receive such salary as the city council shall determine.

missioner.

§ 13. There shall be a street commissioner who shall be elected Street comby the city at large every three years. He shall perform all such services as may be directed in relation to the opening, widening or regulating, grading and paving streets and avenues, with such other duties as may from time to time be prescribed for him by the city council not inconsistent with his office. He shall receive and have charge of all maps, books and papers appertaining to his department, and shall be entitled to such salary as said council shall determine.

§ 14. There shall be a treasurer who shall receive, safely keep, Treasurer. and disburse, under the direction of the city council, all moneys belonging to the city. He shall also keep an accurate account of all receipts and payments, and make weekly returns thereof in such manner as the city council shall direct. They city council shall make orders for the payment of all moneys to be drawn out of the treasury, and no money shall be drawn or paid out of said treasury, except in pursuance of such orders appropriating the same, and upon warrants signed by the mayor and comptroller, and countersigned by the city clerk or in his absence by his assistant. Such warrants shall specify for what purpose the amount therein mentioned is to be paid, the appropriation against which it is drawn, and the date of the ordinance making the same; and the said clerk shall keep an accurate account of all orders directing moneys to be drawn from the treasury in a book to be provided for that purpose.

Commission

§ 15. There shall be a commissioner of repairs and supplies, er of repairs who shall be elected by the city at large every three years. He and supplies. shall, under the direction of the city council have charge of all repairs and supplies of and for the public buildings wharves and piers belonging to the city, and of and for the pavements, side and cross walks, fire engines and other property of the fire department, lamps, oil and gas, fuel and stationery for the public offices of the city. He shall perform such other duties as shall from time to time be prescribed for him by said council not inconsistent with his office, and receive a salary to be determined by said council. § 16. The harbor master or masters to be appointed by virtue Harbor masof this act, shall perform such duties as the city council shall direct, and shall have power to regulate and order all ships or vessels lying at the wharves of or adjoining the city, and to remove from time to time such ships or vessels, as are not employed in receiving or discharging their cargoes, to make room for such others as require to be more immediately accommodated for the purpose of receiving or discharging theirs; and if any master or other person having charge of such ship or vessel shall neglect or refuse to obey the direction of such harbor master,

ter.

ty clerk.

he or they shall forfeit the sum of fifty dollars, to be recovered with cost of suit, for the use of the city.

Duties of ci- § 17. The city clerk shall in addition to the duties in this act required of him, have charge of all the papers and documents of the city, countersign all licenses granted by the mayor or the board of excise, and keep the record of the proceedings of the city council. He shall perform all the duties of the clerks of the several towns of this state, not inconsistent with this act. He shall engross all the ordinances of the city council in a book to be provided for that purpose with proper indexes, which book shall be deemed a public record of such ordinances, and each ordinance shall be signed by the mayor and said clerk. Copies of all papers duly filed in his office and transcripts thereof and of the records of proceedings of the city council, and copies of the laws or ordinances of the said city, certified by him under the corporate seal shall be evidence in all cours and places of the matters therein contained. He shall also receive and pay over to the treasurer all moneys which by any law or usage are paid into the mayor's office or to the clerk of the city.

City survey

ors.

Ward constables.

Official terms of office.

Security.

Oath.

Attorney

and other

§ 18. The city council shall annually appoint so many city surveyors as it shall deem proper, and fix their compensation for services not herein provided for. In the opening or grading of any street, avenue, square, or making any other local improvement, the street commissioner, when directed by the city council, shall advertise for sealed proposals for surveys thereof. Such proposals shall be opened only at a regular meeting of the board of aldermen. If, upon opening the same, the council shall be satisfied that the bids are not for the best interests of the city, they shall have authority to advertise anew, or proceed in any other manner they may think proper. The estimate shall be accompanied by adequate security for the performance of the contract, and proposals shall be received from none but city surveyors.

§ 19. There shall be annually elected in each ward one constable who shall perform such duties as are by law prescribed to constables in other towns and counties of the state. He shall not be considered as attached to the police force except when specially required by the mayor or chief marshal.

§ 20. The official terms of the several persons who shall be elected in pursuance of this act shall commence on the first Monday of May next after their election, and the official terms of all persons who shall be appointed to any office or place in pursuance of this act shall commence as follows:

§ 1. Such as are required to give security for the performance of their duties from the time such security shall be given and approved of.

§ 2. Such as are not required to give security, from the time they shall have taken and filed the oath hereinafter mentioned.

§ 21. The city council shall from time to time in a joint meeting, at which the mayor shall preside, by ballot appoint one appointed. attorney, one counsellor, one treasurer, one clerk of the municipal

officerr to be

court, one health officer, and a messenger to each board, one of whom shall be keeper of the city hall, and shall also by ballot or otherwise, as they may determine, appoint so many fire wardens, harbor masters, pound masters, surveyors, sealers of weights and measures, and clerks of departments as they shall deem it expedient to appoint. All persons so appointed shall hold their respective offices until the first Monday of May next after such appointment, and until their successors shall have been appointed and have qualified, unless sooner removed for official misconduct, or unless otherwise specially provided for in this act.

cers to exe

§ 22. The treasurer of the city, comptroller, street commis- Certain offisioner, clerk of the municipal court, city surveyors, city clerks, and cute bonds. such other officers as the city council shall direct, shall severally execute a bond to the corporation in such penalty as the said council shall require, with such sureties as said council shall approve, conditioned for the faithful performance of their respective duties, and for accounting and paying over all moneys by them respectively received in their official capacities; in case such officers shall refuse or neglect for ten days after they are notified of their election or appointment to execute and deliver to the city clerk the bond herein required, such neglect or refusal shall be immediately reported to the said council, who shall thereupon declare such office vacant, and forthwith proceed to appoint another in his place.

to give bond.

§ 23. The constables elected by the several wards shall also, Constables with such sureties as the said council shall approve, severally, execute and deliver to said corporation a bond for the faithful performance of their duties, and for the due payment to every person who be entitled thereto of all sums of money as such constable may become liable to pay, by means or on account of any execution or other process which shall be delivered to him for collection.

may

form.

§ 24. The sureties referred to in the last two preceding sec- Sureties to tions shall justify in such form as the city council shall prescribe, justify in due and the bonds thereby required, after having been duly approved shall be filed in the office of the city clerk before any of the officers required to execute the same shall enter upon the duties of their respective offices.

take the

§ 25. Every person elected or appointed to any office in pur- Officers to suance of this act, or of any law or ordinance of the city council, constitutionshall before he enters upon the duties of such office, take and al oath. subscribe before the mayor, city clerk, or some person authorised to administer the same, the constitutional oath of office of this state, and file the same in the office of the city clerk; and if any such person shall neglect to take such oath for ten days after receiving notice of his election or appointment, or shall neglect for the like space of time to give such security as may be required of him, he shall be considered as having declined such office, and the same shall be deemed vacant; and if, and whenever any vacancy shall occur in any of the offices to which, by this act, the

Salaries to be paid.

Resignations.

Removals

from office.

Property,

books and

delivered

over.

city council may make appointments, it shall proceed to appoint suitable persons to fill such vacancies.

26. The city council shall grant and pay to the mayor, comptroller, street commissioner, chief marshal, collector of taxes, attorney counsellor, justices of the municipal court, treasurer, and all other officers, assessors, commissioners, clerks or other subordinates, elected or appointed under or in pursuance of this act, (except to aldermen, common councilmen and members of the board of education,) such stated salaries as it may from time to time deem proper, or shall be fixed by this act; but such salaries shall be, instead of all fees and perquisites whatever, for services to be performed by such officers; and all such fees and perquisites shall be collected and paid to the treasurer of the city for the use of the city, by every such officer, clerk, and justice, monthly, under oath, to be filed with the comptroller, before he shall be entitled to receive any such salary; but no officers salaries shall be either increased or diminished after his election and during his continuance in office.

§ 27. Any officer or justice elected under this act may resign. his office by giving notice in writing of his intention to the city clerk, and publishing a copy of such notice in the corporation newspapers; and any officer or justice failing to discharge the duties of his office for the space of one month, shall, unless excused by the board of aldermen, be deemed to have resigned. Whenever a vacancy shall occur in any of said offices, except in the office of an alderman or common councilman, whether caused by death, removal or otherwise, the city council may in joint meeting proceed by ballot to fill the vacancy, until the next ensuing charter election, when a person shall be elected for the balance, if any, of the term so vacated.

§ 28. Any officer except the mayor and members of the city council, may be removed from office for misconduct, by the joint resolution of both branches of the city council, provided that no such removal shall take place until the party sought to be removed has had an opportunity to be heard in his defence, nor unless two-thirds of all the members elected to each board, respectively vote therefor. Whenever any such removal shall take place, the cause thereof, together with the ayes and noes upon the vote taken, shall be entered at large on the journals of each board.

§ 29. If any person, having been an officer of said city, shall papers to be not, within ten days after he shall have vacated or been removed from office, and upon notification and request by the city clerk, or within such time thereafter as the city council shall allow, deliver over to his successor in office, all the property, books, and papers belonging to the city, or appertaining to such office in his possession, or under his control, he shall forfeit and pay to the city the sum of five hundred dollars, to be sued for and recovered with costs.

Restriction.

§ 30. No member of the city council shall, during the period for which he was elected, be appointed to or competent to hold any

office, the emoluments of which are paid from the city treasury; or be directly or indirectly interested in any contract, work, or business, or the sale of any article, the expense, price, or consideration of which is paid from said city treasury, or by any assessment levied by any act or ordinance of said council; nor shall any such member be directly or indirectly interested in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or become security for any officer appointed by said council, or for any contractor under the city government.

TITLE IV.

OF ASSESSMENTS FOR PUBLIC IMPROVEMENTS.

avenues

§ 1. The city council shall have power, under the restrictions Streets and and limitations hereinafter mentioned, to cause streets and ave- may be opennues to be opened and widened, and to be regulated, graded and ed, &c. paved; to cause public squares and parks to be opened, regulated, ornamented and protected, and streets and avenues to be kept in repair, and from time to time to be regraded and repaved; to close up and discontinue roads, streets, lanes and avenues; to provide that lamp posts and lamps be erected, and cisterns made for the purpose of furnishing water in case of fire; to cause sewers and drains, wells and pumps, to be constructed and repaired, and generally to have such other improvements in and about such streets, avenues, and squares, as the public want and convenience shall require.

be raised by

§ 2. The expense of such improvements, except for opening, Expenses to closing and widening streets, roads, avenues, parks and squares, tax. for regulating, grading and paving streets and avenues, in the first instance, and for constructing wells and pumps, public cisterns, sewers and drains, shall be a general charge, to be levied in the annual taxes. No contract, agreement or order, incurring such expense, shall be valid, until the amount of liability to be incurred thereby shall be levied in the annual tax, except where the same shall become necessary,by reason of fire, flood, or other unforeseen calamity, in which case the expense shall be levied in the next annual tax.

be made.

§ 3. Before ordering any improvement, the expense of which Estimate to will be a general charge, the city council shall, unless the exigencies of the case will not admit of delay, obtain from the board of assessors hereinafter constituted, an estimate of the expense thereof.

when to be

§ 4. No street, park, avenue or square, shall be opened, closed Streets, &c., or widened, except upon petition, nor except by the consent, opened, signified in writing, of a majority of the persons to be assessed therefor.

the control

§ 5. Streets and squares now opened or used as such, and To be under streets and squares to be opened and widened by proceedings of the coununder these provisions, or to be ceded to and accepted by the city cil.