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TITLE 191.

MUNICIPAL CORPORATIONS.

MUNICIPAL CORPORATION BILL.

SUMMARY OF CONTENTS.

hapte I. Organization of municipal corporations, § 1-8.

hapter II. Municipal corporations of the first class, over 100,000, §§ 19-288.

rticle I. General powers, § 19.

II. General provisions relating to officers, §§ 20 29.
III. Legislative department, §§ 40-107.

IV. Executive department, §§ 118-204.
V. Judicial department, §§ 213-246.
VI. Educational department, §§ 247-272.
VII. Miscellaneous provisions, §§ 286-288.

hapter III. Municipal corporations of the second class, 30,000-100,000, §§ 300426.

rticle I. General powers, § 300.

II. General provisions relating to officers, §§ 301-307.
III. Legislative department, §§ 319-359.

IV. Executive department, §§ 370-380.

V. Judicial department, §§ 390-403.

VI. Educational department, §§ 410-426.

hapter IV. Municipal corporations of the third class, 15,000-30,000, §§ 500-591.

rticle I. General powers, § 500.

II. General provisions relating to officers, §§ 501-509.
III. Legislative department, §§ 520-536.

IV. Executive department, §§ 550-553.

V. Judicial department, §§ 560-563.

VI. School department, §§ 570-579.

VII. Miscellaneous provisions, §§ 590, 591.

Gen. Laws.-51

Chapter V. Municipal corporation of the fourth class, 10,000-15,000, §§ 600-719.

Article I. General powers, § 600.

II. General provisions relating to officers, §§ 601-611.
III. Legislative department, §§ 620-636.

IV. Taxation, §§ 640-666.

V. Executive department, §§ 670-681.
Judicial department, §§ 690-701.

VI.

VII. School department, §§ 710-719.

Chapter VI. Municipal corporations of the fifth class, 3,000-10,000, §§ 750-812.

Article I. General powers, § 750.

II. General provisions relating to officers, §§ 751-758.
III. Legislative department, §§ 760-778.

IV. Executive department, §§ 786-791.
V. School department, §§ 795-805.
VI. Judicial department, §§ 806-808.
VII. Miscellaneous provisions, §§ 810-813.

Chapter VII. Municipal corporations of the sixth class, 3,000, §§ 850-886.

Article I. General powers, § 850.

II. General provisions relating to officers, §§ 851-857.
III. Legislative department, §§ 858-875.

IV. Executive department, §§ 876-881.
V. Judicial department, §§ 882-884.
VI.

Miscellaneous provisions, §§ 885, 886.

An Act to provide for the organization, incorporation, and government of municipal corporations.

[Approved March 13, 1883.]

CHAPTER I.

Organization of Municipal Corporations.

Cty or town may incorporate.

Section 1. Any portion of a county containing not less than five hundred inhabitants, and not incorporated as a municipal corporation, may become incorporated under the provisions of this act, and when so incorporated, shall have the powers conferred, or that may be hereafter conferred, by law, upon municipal corporations of the class to which the same may belong.

Manner of proceeding in organizing a municipal corporation.

Sec. 2. A petition shall first be presented to the board of supervisors of such county, signed by at least fifty of the qualified electors of the county, residents within the limits of such proposed corporation, and the affidavit of three qualified electors residing within the proposed limits, filed with the petition, shall be prima facie evidence of the requisite number of signers. The petition shall set forth and particularly describe the proposed boundaries of such corporation, and state the number of inhabitants therein, as nearly as may be, and shall pray that the same may be incorporated under the provisions of this act. Such petition shall be presented at a regular meeting of such board, and shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in ench county, together with a notice stating the time of the meeting at which the same will be presented. When such petition is presented, the board of supervisors shall hear the same, and may adjourn such hearing from time to time, not

exceeding two months in all, and on the final hearing, shall make such changes in the proposed boundaries as they may find to be proper and shall establish and define such boundaries, and shall ascertain and determine how many inhabitants reside within such boundaries; provided, that any changes made by said board of supervisors shall not include any territory outside of the boundaries described in such petition. The boundaries so established by the board of supervisors shall be the boundaries of such municipal corporation until by action, authorized by law for the annexation of additional territory to, or the taking of territory from, said municipal cor poration, such boundaries shall be changed; provided, whenever it shall appear to the board of supervisors that the boundaries of any munici pal corporation have been incorrectly described the board shall direct the county surveyor to as certain and report a description of the boundaries The board of supervisors shall, at their first regu lar meeting after the filing of the report of the county surveyor, cause notice to be published in some newspaper published in the county, tha the report will be acted upon at the next regula meeting of the board, and at said meeting th board shall ratify the report of the county sur veyor, with such modifications as they shall deer necessary, and the boundaries so established shal be the legal boundaries of said municipal corpora tion. They shall then give notice of an election t be held in such proposed corporation for the pur pose of determining whether the same shall be come incorporated. Such notice shall particularl describe the boundaries so established, and sha state the name of such proposed corporation, an the number of inhabitants so ascertained to resid therein, and the same shall be published for a least two weeks prior to such election, in a new! paper printed and published within such bound aries, or posted for the same period in at leas four public places therein. Such notice shall r quire the voters to cast ballots, which shall cot tain the words "For incorporation," or "Againi incorporation," or words equivalent thereto, an also the names of persons voted for to fill the vi rious elective municipal offices prescribed by la for municipal corporations of the class to whic

such proposed corporation will belong. [Amend ment, approved March 19, 1889; Stats. 1889, p. 371. In effect immediately.]

Election, how conducted.

Sec. 3. Such elections shall be conducted in accordance with the general election laws of the state, and no person shall be entitled to vote there it unless he shall be a qualified elector of the ounty, enrolled upon the great register thereof, ind shall have resided within the limits of such proposed corporation for at least sixty days next receding such election. The board of supervisors shall meet on the Monday next succeeding such election, and proceed to canvass the votes ast thereat; and if, upon such canvass, it appears hat the majority of the votes cast are for the inorporation, the board shall, by an order entered pon their minutes, declare such territory duly ncorporated as a municipal incorporation of the lass to which the same shall belong, under the lame and style of the city (or town, as the case nay be) of (naming it), and shall declare the Serson receiving, respectively, the highest numer of votes for such several offices to be duly lected to such offices. Said board shall cause a opy of such order, duly certified, to be filed in the ffice of Secretary of State, and from and after he date of such filing, such incorporation shall be leemed complete, and such officers shall be enitled to enter immediately upon the duties of heir respective offices, upon qualifying in accordnce with law, and shall hold such offices respecJon to be held in such city or town, and until ively only until the next general municipal elecheir successors are elected and qualified; and it hall not be necessary in any action, civil or crimmal to plead and prove the organization or exist. nce of such corporation, and ake judicial cognizance thereof without proof, 1889, p. 371. In effect immediately.] Amendment approved March 19.

inder this law.

the courts shall

1889; Stats.

How incorporated city or town may incorporate Sec. 4. The common council, board of trustees, city, or town, organized or incorporated prior to the first day of January, eighteen hundred and r other legislative body of any city and county,

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