1894 CharterCHARTER
of the
CITY OF BEVERLY.
Chapter 161, Acts of 1894.
Amended by Chapter 319, Acts of 1898.
AN ACT TO INCORPORATE THE CITY OF BEVERLY.
Be it enacted, etc., as follows :
. Section 1. The inhabitants of the town of
Beverly, in case of the acceptance of this act by
the voters of said town as hereinafter provided,
shall continue to be a body politic and corporate,
under the name of the City of Beverly, and as
such shall have, exercise and enjoy all the rights,
powers, privileges and immunities, and shall be
subject to all the duties aud obligations pertaining
to and incumbent upon the said town as a
municipal, corporation.
Section 2. The government of the city and
the general management and control of all the
fiscal, prudential and municipal affairs thereof
shall be vested in a single officer, to be called
the mayor, and in a legislative body, to be called
the city council, except however that the general
management and control of all the public schools
of the city and of the buildings and property
pertaining to such schools shall be vested in a
school committee.
Section 3. The territory of the city shall
first be divided into six wards, in the manner
hereinafter provided. The number of wards.
may, in any year fixed by law for a new division
of wards in cities, be changed by vote of the
city council passed with the assent of the mayor
at or prior to the making of such division; but
the number of wards shall never be less than six.
Section 4. All meetings of the qualified
voters of the city for the purpose of voting at
elections, and for other municipal or legal purposes,
shall be called by warrants issued by
order of the board of aldermen, which shall be
in such form and shall be served and returned in
such manner and at such time as the city council
may by ordinance direct.
Section 5. The municipal election shall
take place annually on the second Tuesday of
December, and the municipal year shall begin at
twelve o'clock, noon, on the first Monday of
January, and continue until twelve o'clock, noon,
on the first Monday of the following January.
Section 6. At the municipal election the
qualified voters shall, in the several wards, give
in their votes by ballot for mayor and /or members
of the city council and of the school committee,
or for such of them as are to be elected,
and the person receiving the highest number of
votes for any office shall be deemed and declared
to be elected to such office; and whenever two
or more persons are to be elected to the same
· office, the several persons, up to the number
required to be chosen, receiving the highest
number of votes shall be deemed and declared to
Section 7, If it shall appear that there is no
choice of mayor, or if the person elected to that
office shall refuse to accept the office or shall die
before qualifying, or if a vacancy in the office
shall occur more than four months previous to
the expiration of the term of service of a mayor,
the board of aldermen shall forthwith cause warrants
to be issued for a new election, and the
same proceedings shall be had in all respects as
are hereinbefore provided for the election of
mayor; and such proceedings shall be repeated
until the election of a mayor is completed. If
the full number of members of the city council
then required to be chosen shall not be elected at
the annual municipal, election, or if a vacancy in
the office of a member thereof shall occur more
than four months previous to the expiration of
his term of office, the board of aldermen shall
forthwith cause a new election to be held as
aforesaid to fill the vacancy. In case a vacancy
in the office of mayor or of a member of the city
council shall occur within the four months previous
to the expiration of his term of office, the
city council may, in its discretion, order a new
election to be held as aforesaid to fill the
vacancy.
Section 8. When no convenient ward room
for holding the meetings of the qualified voters
of a ward can be had within the territorial limits
of such ward, the board of aldermen may, in the
warrant for calling a meeting of the qualified
voters of such ward, appoint and direct that the
meeting be held in some convenient place within
the limits of an adjacent ward of the city; and
for such purpose the place so assigned shall be
deemed and taken to be a part of the ward for
which the election is held.
Section 9. General meetings of the qualified
voters of the city may from time to time be held
according to the right secured to the people by
the constitution of the Commonwealth, and such
meetings may and upon the request in writing of
fifty qualified voters setting forth the purposes
thereof shall be called.
Section 10. The mayor shall be elected
from the qualified voters of the city, and shall
hold office for the municipal year next succeeding
his election and until his successor is elected and
qualified, except that when elected to fill a vacancy
he shall hold office only for the unexpired
term and until his successor is elected and qualified.
He shall preside in the board of aldermen and
in joint meetings of the two boards.
The city council shall be composed of two
branches, one of which shall be called the board
of aldermen and the other the common council.
The board of aldermen shall be composed of
seven members, one of whom shall be elected
annually by and from the qualified voters of
the city at large. One member of the board
of aldermen and three members of the common
council shall be elected annually by and
from the qualified voters of each ward; they
shall be residents in the wards where elected
and shall hold office for the municipal year next
succeeding their election.
Section 11. The mayor-elect and the members
elect of the city council shall, on the first
Monday in January succeeding their election, at
twelve o'clock, noon, assemble together and be
sworn to the faithful discharge of their duties.
The oath may be administered to the mayor by
the city clerk, or by a judge of a court of record,
or by a justice of the peace, and the oath may be
administered to the members of the city council
by the mayor, or by the city clerk, or by a justice
of the peace. In case of the absence of the
mayor-elect on the first Monday in January, or
if a mayor shall be subsequently elected, the oath
of office may at any time thereafter be administered
to him in the presence of the city council;
and at any time after the first Monday in January
the oath of office may be administered in the
presence of either branch of the city council to
a member of such branch who was absent, on the
first Monday in January, or who shall be subsequently
elected. A certificate that such oath
has been taken by the mayor shall be entered in
the journal of both branches of the city council,
and in the journal of each branch shall be entered
a certificate that the oath has been so taken by
the members of that branch.
Section 12. Directly after the oaths of office
have been administered each branch of the city
council shall meet and organize by the election
by ballot of a president, and no other business
shall be in order until a president has been chosen
The eldest senior member present of the common
council shall preside in the common council
until a president has been chosen. The president
of the board of aldermen shall preside in
the board of aldermen, in the absence of the
mayor, and in the absence of the mayor and of
the president of the board the board shall elect
by ballot one of their number president pro tempore.
In the absence of the president of the
common council it shall elect by ballot one of its
members president pro tempore. The city council
shall annually, as soon after its organization
as may be, elect by joint ballot, in convention of
the two branches, a city clerk, a city treasurer,
a city auditor, a city solicitor, a city collector, a
city physician, and a street commissioner who
shall have the power of a surveyor of highways,
and who shall hold their respective offices for the
municipal year and until their successors are
elected and qualified. The first city council
elected under this act shall, as soon after its
organization as may be, elect by joint, ballot, in
convention of the two branches, a board of
assessors, consisting of three persons, a board of
overseers of the poor, consisting of three persons,
a board of health, consisting of three persons,
a water board, consisting of three persons, and a
board of park commissioners, consisting of three
persons, one of each respective board to serve
for the term of three years, one for the term of
twoyears and one for the term of one year; and
thereafter one member of each respective board
shall be elected in like manner annually by joint
ballot, in convention of the two branches, to serve
for the term of three years beginning with the
first Monday in January next ensuing, in place of
the members whose respective terms then expire.
The city clerk shall also be the clerk of the board
of aldermen, but in case of delay in the election
of a city clerk, or in case of a vacancy in the
office, the board of aldermen may elect a temperary
clerk, who shall act as clerk of the board
until a city clerk is chosen and qualified. The
city clerk shall be sworn to the faithful discharge
of his duties, in the presence of the board of
aldermen, by the president of the beard or by a
justice of the peace. The common council shall
elect its own clerk, who shall be sworn to the
faithful discharge of his duties, in the presence
of the council, by the president or by a justice of
the peace. Each clerk shall attend the sessions
of the branch for which he is elected and shall
keep a record of its proceedings and shall perform
such further service as such branch may
require. The president of the board of aldermen
may be removed from office by the affirmative
votes of two thirds of all the members of the said
board. The city clerk may be removed by the
affirmative votes of two thirds of all the members
of each branch of the city council. The president
and clerk of the common council may each be
removed by the affirmative votes of two thirds of
all the members of the common council. In
case of the temporary absence or disability of
the city clerk the mayor may, with the consent
of the board of aldermen, appoint a city clerk pro
tempore, who shall be duly sworn. In case of a
vacancy in the office the same shall be filled by
joint ballot, in convention of the two branches.
The two branches may likewise by ordinance
provide for the election by joint ballot, in convention,
of a city messenger.
Section 13. Each branch of the city council
shall be the judge of the election and qualifications
of its own members, shall determine the
rules for its own proceedings, and may appoint
such assistant clerks and other officers as may
be necessary for the proper conduct of its own
business.
Section 14. The mayor may at any time call
a special meeting of the city council or of either
branch thereof, by causing a written notice of
such meeting, containing a statement of the
subjects to be considered thereat, to be left at
the usual place of residence of each member at
least twenty-four hours previous to the time
appointed for the meeting, and no other business
shall be transacted at such special meeting.
Section 15. In each branch of the city council a majority
of the whole number of members
provided to be elected shall constitute a quorum
for the transaction of business, but a smaller
number may adjourn from time to time. The
two branches shall sit separately for the transaction
of all business, and subsequent to the day of
organization they shall not both act on the same
day upon a matter involving the appropriation or
expenditure of money.
Section 16. The city council shall by ordinance
determine the salary of the mayor, and may in
like manner change such salary from
time to time, but no ordinance changing the
salary shall take effect until the municipal year
succeeding that in which the ordinance is passed.
Section 17. All votes of the citycouncil
making appropriations or loans of money shall be
in itemized form, and when brought before the
city council on recommendation of the mayor no
item of the appropriation or loan in excess of the
amount recommended by the mayor shall be
passed except by the affirmative votes of two
thirds of the members of each branch present
and voting thereon. All contracts made in behalf
of the city in which the amount involved exceeds
three hundred dollars shall, in order to be valid,
require the signature of the mayor, and except
as herein otherwise provided or by law required
no expenditure shall be made or liability incurred
for any purpose beyond the appropriations previously
made therefor.
Section 18. Either branch of the city council may by
special vote hold private sittings
the consideration of candidates for election, and
the board of aldermen may likewise hold private
sittings for the consideration of nominations by
the mayor, but all other sittings shall be public
and all votes on election and on confirmation of
appointments, by the mayor shall be taken in
public.
Section 19. No member of the city council
shall during the term for which he is elected hold
any other office or position the salary or compensation
for which is payable from the city treasury,
nor shall he act as counsel or attorney before the
city council or before either branch or any committee
thereof.
Section 20. The city council shall have power
within said city to make and establish ordinances
and to affix thereto penalties for the violation
thereof, as herein or by general law provided,
without the sanction of any court or of any justice
thereof. All ordinances so made and established
shall be forthwith published in one or more newspapers
designated by the mayor, and they shall,
unless they contain an express provision for a
later date, take effect at the time of their approval
by the mayor, or, if a penalty for their violation
is provided, at the expiration of thirty days from
the day of such approval.
Section 21. The city council shall, subject
always to the approval of the mayor, have authority
and power to order the laying out, locating
anew and discontinuing of, and the making of
specific repairs in, all streets, ways, and highways
within the limits of the city, to assess the damages
sustained thereby by any person, and, except as herein
otherwise provided, to act in
matters relating to such laying out, locating
anew, altering, discontinuing or repairing; but
in all such matters action shall first be taken by
the board of aldermen. Any person aggrieved
by the action of the city council hereunder shall
have all the fights and privileges now by law in
similar cases allowed in appeals from decisions of
selectmen. Nothing herein shall be construed
to deprive the county commissioners for the
county of Essex of any power or authority which
they would be entitled to exercise under the
provisions of chapter forty-nine of the Public
Statutes in respect to the laying out, widening,
discontinuing, laying out anew, or ordering specific
repairs in, any highway within the limits of
said city; and all orders and decrees of the
county commissioners for said county of Essex;
issued by them since the passage of said chapter
one hundred and sixty-one, in laying out, widening,
discontinuing, laying out anew, or ordering,
specific repairs in, any highway in said city are
hereby ratified and confirmed.
Section 22. Except as herein otherwise provided
the.city council shall in general have and
exercise the legislative powers of towns and of
the inhabitants thereof, and shall have all the
powers and authority given to city councils under
the general laws of the Commonwealth, and be
subject to the duties imposed on city councils;
and the board of aldermen shall have and exercise
all the powers, other than executive, given
to the selectmen of towns, and shall have all the
powers and authority given to boards of aldermen
of cities, and shall be subject to the duties imposed
upon such boards.
Sections 23. The mayor shall be the chief
executive officer of the city, and the executive
powers of the city shall be vested in him and be
exercised by him either personally or through
the several officers and boards in their respective
departments, under his general supervision and
control.
Section 24. The mayor shall communicate
to the city council such information and shall
recommend such measures as in his judgment
the interests of the city shall require; shall cause
the laws, ordinances and orders for the government
of the city to be enforced, and shall secure
an honest, efficient and economical conduct of
the executive and administrative business of the
city and the harmonious and concerted action
of the different administrative and executive
departments.
Section 25. In case of vacancy in the office
of mayor, or in case of his death, resignation or
absence from the Commonwealth, or of his inability
from any cause to perfom the duties
of his office, the president of the board of
aldermen shall, under the style of acting
mayor, exercise the powers and perform the
duties of mayor, except that he shall not, unless
authorized thereto in a special instance by the
city council make any permanent appointment
or removal from office; nor shall he, unless
such disabiliity of the mayor has continued at
least ten days, or unless the office of mayor has
become vacant, have power to approve or
disapprove any ordinance, order, resolution or vote
of the city council.
Section 26. The mayor shall appoint, subject to
the confirmation or relection of the board
of aldermen, all the officers of the city, unless
their election or appointment is herein otherwise
provided for. No such appointment made by the
mayor shall be acted upon by the board of aldermen
until the expiration of one week from the
time when the appointment is transmitted to the
board. Any officer so appointed may be removed
by the mayor and board of aldermen, for such
cause as they shall deem sufficient and shall assign
in their order of removal, and the removal
shall take effect upon the filing of the order
therefor in the office of the city clerk and the
service of a copy of such order upon the officer
removed, either personally or at his last or usual
place of residence. The city clerk shall keep
such order on file and subject to public inspection.
Section 27. The mayor shall cause to be
kept a record of all his official acts, and for that
purpose and to aid him in his official duties he
may, without the confirmation of the board of
aldermen, appoint one or more clerks, whose
number and compensation shall be fixed by the
city council.
Section 28. The mayor shall, as often
once in each month, call together for consultation
upon the affairs of the city the heads of departments,
Who shall whenever called upon furnish
such information relative to their respective departments
as he may request.
CHARTER
Section 29. The mayor shall, in the month
of January of each year, cause to be made to him
by the heads of departments and by all other
officers and boards having authority to expend
money, detailed estimates of the accounts deemed
by them to be necessary for their respective departments
for the financial year, which shall begin
on the first day of January; and he shall, not later
than the first week in February, transmit such
estimates to the city council, recommending
appropations for each department or purpose as
he shall deem necessary threfor.
Section 30. No sum appropriated for a specific
purpose ded for ~y o~er pur-
~s~ ~d no ~di~ie sh~ be male ~d no
ihbility ~curr~ by or in ~h~ of the ~ty un~
the dty ~cil h~ duly vot~ ~ approp~tion
s~cient to meet su~ ~ditu~ or lh~ity,
togeth~ ~ ~l prior un~d l~bffities which
are ~ble ~e~rom, ex,pt. ~at ~t~ the
~p~tion of the fln~c~ y~r and ~o~ the
ma~g of ~e r~ular ~n~ appwp~fions,
lhbilifies ~ble out of a ~ appwp~tion
~y be incu~ to ~ mount not ~c~ing on~
sixth of the total of the approp~tion ~e.for
s~ pu~ses in the ~ y~.
. S~os 31. ~e ~yor s~l ~nually r~uire
~1 b~s ~d officem ~tmst~ with the r~eipt
~d e~ditum of pubic money, ~d ~ the
~re and cust~y of public pm~y, to ~e
~r ~d detail~ statements ~e~f, a~
sh~l ~,,~ such smtemmts to ~ pub~h~ for
· e ~o~ation of ~e ~s,
~HARTKR
SECTIOS 32. The city council may from time
to time, subject to the provisions of this act and ~
in accordance with the general laws, if 'they exist
in any particular case, provide by ordinance for
the establishment of additional boards and other
offices for the construction and care of the various
public works and buildings, for the direction, and
custody of public parks, for the management and
control of a public library and a public hospital,
and for other municipal purposes; may deter-
mine the nnmber and duties of the incumbents
of such boards and offices, and for such purposes
may delegate to such boards and offices the ad-
ministrative powers given by general laws to the
city councils and boards of aldermen. The city
council may likewise from time to time consoli-°~is~'''' ..
date boards and offices, and may separate and
divide the powers and duties of such as have.
already been established, may increase the num-
ber of persons constituting either of the boards
above specified; and when such increase has been
made may subsequently diminish the number,
may ~ncrcase or diminish the number of persons
who shall perform the duties of an office or
board hereafter established as above provided,
and may abolish an office or board so hereafter
established.
SECTIOl~ $8. All administrative officers shall
b~ sworn to the faithful discharge of their
spectivc duties, and certificates of their oaths '
shall be made and kept in the office of the mayor.
All such boards and other officers shall keep a
record of their official transactions, and such
C~ARTER
record shall be open to public inspection. By
"officer," "administrative oi~icerf' and "admin-
istrative board," are meant the city tr~surer,
city collector, city auditor, city solicitor, board
of assessors, board of health, board of overseers
of the poor, board of park commissioners, water
board, and street commissioner.
S~CTXON ~. The city council may require
~.~_','~_~Ythe city treasurer, the city collector, thc city
auditor, and such other officers as are intrusted
with.the receipt, care or disbursement of money,
to give bends, with such security as it shall deem
proper, for the faithful discharge of their respec-
tive duties.
At-I.,i~tmliv~ SECTIO1/ ~.. The ~nhtmti~ ~r~ ~d
office~, ~d e~ ~miniamtive ~d and offi-
~- ~ h~t~ estabHsh~ by the ~ty ~unc~
~ng the charge of a d~m~t, shah ~
the ~, ~cept ~ h~in o~e~ ~d~,
to a~int ~d ~ploy ~d to ~ and ~
m~e ~ sulfate office~, employe~, clerks
~d ~sh~ts in their r~iv~ d~mmts;
~ ~ ~1 k~ a ~, subj~t to ~s~c-
tion, of ~l w ap~inted ~d ~pbyed ~d of ~1
dh~d and ~m~, ~d, in ~e of ~r~'
~d ~m~, of ~e ~unds the~or.
S~crno~ $6. The city council may establish
a police depa~t~u~nt and provide for the appoint-
ment of a chief of police and of other members
of the police force by the mayor, subject to the
confirmation or rejection of the board of aldca,,,en.
SscTxo~ 3?. The city council may establish
a fire department and provide for the appoint-
ment of a chief engineer and of other members
of the department by the mayor~ subject to the
con/irmation or rejection of the board of aldermen.
S~cTio~ 38. .Every administrative board,~ta~st~t~
through its chairman, and every officer having~'~et?
charge of a department shall~ at the request of
either branch of the city council, nppear before
it and ~ive such information as it may require in
relation to any matter~ act or thing connected
with the discharge of the duties ef such board or
office; and when so requested to appear the offi-
cer who appears shall have the riffht to speak
upon all matters under consideration relating to
his deparh.~er~t.
· S~crxo~ 39. The city council shall establish s~....a~.
by ordinance the salary or compensation of every
officer, clerk and assistants, and all other em-
ployees of the city; but after the t~rst municipal
year no ordinance, changing any such salary or
compensation shall take effect until the municipal
year succeeding that in which the ordinance is
S~,c'r~o~ 40. The ~ent and control sch~
of the schools of the city. shall be vested in
school committee, consisting ef members at.
. large and members from wards. At the t~rst
munidpal election held under this act three mem-
bers at ~ of the school committee, who shatl
be inhabitants ef the city, shall be elected by the
quali/ied voters of the entire dry, une~to serve
CHAI~TER
:~for the term of three years, one for the term of
two years and one for the term of one year, be-
ginning with the first Monday in January then
next ensuing; and thereafter one member at
large Of the school committee shall be elected in
like manner at each annual munidpal election, to
serve for the term .of three years beginning with.
the first 'Monday in the January next ensuing, in
phce of the .member at large whose term then
expires. At the fir. st election so held six mem-
bers of the school committee from wards, one
being an inhabitant of each ward, shall be elected
by the'qualified voters of the entire city. Two
of such members shall, serve for terms of three
years, two for terms of two years and two for
terms of one year, beginning with the first Mort- ' -
· day in the January next ensuing; and their re-
spective terms shall be assigned to them by lot
directly after their election, by the selectme~u of
the town. At each subsequent annual municipal
election the qualified voters of the city shall
elect two members of the school committee from
wards, which members shall be inhabitants of
the same wards from which the members whose
terms of oi~ce then expired were elected, to
s~rve for terms of three years as afores_=__~cl. If
however in any year. there shall be a new divi-
sion of the city into wards, the terms of oi~ce
Of all the members of the school committee
from wards shall expire at the end of the muni-
cipal year in which such division is made; and at
the m~mldpal election occurring in such year,
members from wards, as. many in number as
CHARTER
there are new wards, and one member being an
inhabitant of each ward, shall be elected by the
qualified voters of the city; sad the mayor shall
by lot make such arrangement of the terms of
the respective members of the school committee
from wards that the terms of one-third of the
members of the school committee, as near as
may be, shall expire .each year.
'Szcriol~ .il. In case of a vacancy in the of-~
rice of a member of the. school committee the
mayor shall call a joint convention of the board
of aldermen and of the school committee~ at which
the president of the board, of aldermen shall
preside~ sad such vacancy sludl, by a vote of a
majority of all the members of the .two bodies,
be .filled by the election of a member at large or
· of a member from a certain ward, according as.
the vacancy exists, to serve until the end of the
munidpal, year in which the warrant for thenext
annual munidpal election shall be issued; and
at such election the further vacancy, if any, shall
be filled for the remainder of the unexpired term,
in the same manner as the member whose office
is vacant was elected.
SECTIOI~ 42. The School committee 'shall~iO~oo~m~m,m~,
meet on the first Mondayin Janua_~y in each year
and organi=~ by the election by ballot of one
of its members as chairman, sad by the elec-
tion of a clerk. The committee shall be the
judge of the election sad qualificition of its mem-
bers and shall determine the 'rules fdr its pro-
ceedings. A:majority of the whole number pro-
CHARTER
To submit
e~12nses for
I~Lr.
Not to Incur
liability, etc~
vided to be elected shall constitute a quorum for
the transaction of business, but a smaller num-
ber may adjourn from time to time.
~nsc~o~.* Szc~r~oN 43. The school committee mayelect
a superintendent of schools, and may appoint
such other subordinate officers and assistants as
it may deem necessary for the proper discharge
of its duties and the. conduct of its business;
shall define their terms of service and duties and
fix their compensation, end may remove and dis-
charge them at their pleasure.
SRcwo~ 44. The school committee shell in
the month of January in e~ch year submit to
the mayor an estimate in detail of the amount
deemed by it necessary to expend for its pur.
poses during the succeeding financial yesr, and
the mayor shall transmitthe same, with the es-
timates of the departments, to the city council,
and shell recommend such appropriation as he .
shall deem necessary.
S~c-rioN 4~. Unless thereto required by law
the school committee shall muse no liability to
be incurred and no expenditure to be made for
any purpose beyond the specific appropriation
which may be made therefor by the city council,
except that after the expiration of the financial
year and be/ore the making of the regular annual
appropriations liabilities payable out of a. reguhr
appropriation may be incurred to an amount not
exceeding one-sixth of the total of the appropri-
ation made for similar purposes in the preceding
year.
.CHARTEK
S~-CT~ON 46. The city council may determine~o~
~;hat salaries shall be paid to the members of the
school committee, may fix the amount thereof,
and may change the same from time to time.
Sl~c'rlol~ 47 The removalof a member of the
school committee from the ward for which he
was elected, to another ward of the city, shall
not disqualify him from discharging the duties
of his office for the remainder of the term for
' which he was elected.
S~CTION 48. The general laws relatingto the~.~,i~c
municipal indebtedness of cities, the general laws
requiring the approval of the mayor to the d0-
ings of a city council or of either branch thereof,
.and relative to the exercise of the veto power by
the mayor of a city, and the provisions of chap-
ter three hundred and twenty of the acts of the
year eighteen hundred and e~ghty-four and all
acts in amendment thereof, shall have full force,
ap.~ication and effect in said city.
S~crzos 49. All persons holding office in said
town at the time when this act takes effect and
becomes of force therein, as herein provided,
shall continue.to hold such offices until the or-
g~ni,~tion of the city government hereby author-
ized shall be effected, and until their respective
successors shall be chosen and qualified.
S~C~zo~ ~0. No suits, prosecutions or other~
l%ml proceedings in which said town is a'p~rty,
pending at the time when this act takes effect in
mid town, and no ~ights then already accrued or
.penalties or forfeitures incurred under any such
CHA.R'I~R
proceedings shall be affected or impaired 'by the
~lring effect of this act, and all by-l~ws of said
town shall continue in force until repealed or su-
perseded by ordinance.
S~crIoN /il. Trust funds given to o~ held by
said town shall continue to be held and admin-
istered by the city council of the city, and trust
funds given to or h.eld by the selectmen or other
designated officers of' the town shall continue to
be held and administered by the mayor or by
other officers of the said city having powers cor-
respending to those of the officers who formerly
held and administered such funds.
SKcrlOl~ ~2. Up°ri,the tald~g effect of this
act as herein provided the selectmen of said town
shall forthwith divide the territory of the town
into six wards~ so that the wards shall contain, as
nearly as may be. consistent with well defined
limits to each, equal numbers of voters, and they
shall.designate.the wards by numbers. They
shall for the purpose of the first .municipal elec-
tion to be held hereunder, which shall take place
on the second Tuesday in December next suc-
ceeding such taking effect, provide suitable poll-
ing places in the several wards, and shall give
notice thereof; and shall, at least ten d~.ys pre.
vious to such second Tuesday in December, ap
po'mt all proper election officers for such election ;'
and they shall in general have the powers and
perform the duties of the mayor and the' board
of aldermen of cities under the general laws
' .luting. to elections in cities, the provisions of
CHARTER
which shall so far as applicable apply to such
election; and the town clerk shall perform the Tom
duties therein assigned to a city clerk. The
registrars of voters shall cause to be prep~red~vo~.
and published, according to law, lists of the
qualified voters in each of the wards established
by the selectmen.
SzcrloN /13. The seiectmen shallnotify' Of nou/.so~.--
their election the persons elected at the firstfu~,~
election under this act, an~l shall provide and
appoint a place for the first assembling of the
wayor and city council, and for the meeting of the
city council, on the first Monday in January
next ensuing; and shall by written notices ldt at
their respective places of residence at least twen-
ty-four hours prior to such assembling, notify
thereof the mayor-elect-and the members-elect
of the dty council, who shall proceed'to organiz/~
and carry into e~ect the provisions of this act,
which shall then have full foreeand effect. The
selectmen shall in like manner provide a~d ap-
point a place and hour for the first meeting of
the school committee on the day aforesaid, and
shall notify the members-elect thereof. Nothing
'herein shall affect the annual meeting in said
town which may be held next after the takings~,~l~.
effect of this act for the election of national,
· state, district and county officers.
S~crlol~ ~4. All general laws in force in the
town of Beverly when this act shall be accepted
as her~in providedr and all special hws beret.o-
fore passed with reference to said town of Bev-
CHARTER
erly, which shall then have been duly accepted
by said town and which shall 'be then in force
therein, shall, until altered, amended or repealed,
continue in force in the city of Beverly, so far as
the same are not inconsistent herewith.
S~cTio~ 1~1~. A meeting shall be called by
the selectmen for the purpose of submitting the
question of the acceptance of this act to the legal
voters of said town at any time after the passage
thereof, except in the months of November and
December. At such meeting the polls shall be
open not less thaneight hours, and the vote shall
be taken by ballot, in accordance With the pro-
visions of chapter four hundred and seventeen of
the acts of the year eighteen hundred and nine-
ty-three and of all other acts relating to town
elections, so far as the s~me shall be applicable,
in answer to the question: "Shall an act passed
by the general court in the year eighteen hun-
dred and ninety-four, entitled, ' An act to incor-
porat~ the city of Beverly,' be acceptedt"; and
the affirmative votes of a majority of the voters
present and voting thereon sh=l! be required for
its acceptance. If at any meeting so called this
act shall fail to be thus accepted, it may at the
expiration of one year from any such previous
meeting be again thus submitted for acceptance,
but not after the p~, riod of three years from the
passage thereof.
S~c'rxo~/~6. So much of this act as author-
izes the submission of the question of its accept-
ance to the legal voters of said town shall take
CHARTER
effect upon its passable, but it shall not take fur-
ther effect unless accepted by the legal voters of
said town as herein prescribed;