Law

RSA 46 Aldermen and Councilmen

New Hampshire · 46 · statute

Ask the law about thisMore laws of New HampshireFor machines: Markdown

Open at the publisher →

The publisher does not state since when this version applies. Read on 2022-05-27.

Copy read on 2026-11-08 from the Internet Archive's copy of 2022-05-27, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from

sha256 c827c26811764b1d76df0d2583e7f499a8f5fd175d3a2a19a22638bfc071b89e

Contents: 13 provisions
  1. 46:1 Election.
  2. 46:2 Notice of Election.
  3. 46:3 Contested Election; Vacancy.
  4. 46:4 Oath.
  5. 46:5 Record of.
  6. 46:6 Subsequently Taken.
  7. 46:7 One Board.
  8. 46:8 Distinct From Mayor and Aldermen.
  9. 46:9 President.
  10. 46:10 Clerk.
  11. 46:11 Compensation; Ineligibility.
  12. 46:12 Quorum; Procedure.
  13. 46:13 Rules.

Proposed changes to this act

No one has proposed a change to this act yet.

13 provisions

46:1 Election.

There shall be chosen in each ward, at the regular meeting thereof, by ballot and by plurality of votes, so many aldermen and common councilmen as shall be authorized by law or ordinance. If the choice of aldermen, common councilmen and ward officers cannot be conveniently completed on that day the meeting may be adjourned from day to day to complete the choice. Source. 1846, 384:6, 7. 1855, 1699:7. GS 42:1. GL 46:1. PS 48:1. PL 52:1. RL 64:1.

Propose a change

46:2 Notice of Election.

The ward clerk shall, within 24 hours after such choice, deliver to each person chosen alderman or common councilman a certified copy of the record of his election, signed by himself, the moderator and a majority of the selectmen. Source. 1846, 384:6. 1855, 1699:7. GS 42:2. GL 46:2. PS 48:2. PL 52:2. RL 64:2.

Propose a change

46:3 Contested Election; Vacancy.

Each branch shall be the final judge of the election and qualification of its members, and, if any election is contested, shall have the same powers to ascertain the facts as the city convention have in regard to the election of mayor; and in case of a vacancy in their branch, by death, resignation or otherwise, the remaining members of such branch shall call a new election in the ward in which the vacancy shall have occurred, to fill the same. Source. 1846, 384:12, 13. 1848, 615:7. 1855, 1699:15. GS 42:11. 1874, 49:1. GL 46:11. PS 48:11. PL 52:7. RL 64:7.

Propose a change

46:4 Oath.

The mayor, aldermen and common council shall meet in convention, on such day as shall be appointed by law or ordinance, at 10 o'clock in the forenoon, when the oath of office may be administered to the mayor-elect, if present, by any judge or justice of the peace, and to the aldermen and common councilmen by the mayor or any justice of the peace. Source. 1846, 384:8. 1855, 1699:11. GS 42:3. GL 46:3. PS 48:3. PL 52:3. RL 64:3.

Propose a change

46:5 Record of.

A record that the oaths have been so taken shall be made in the journal of the mayor and aldermen, and of the common council, by their respective clerks. Source. 1846, 384:8. 1855, 1699:11. GS 42:4. GL 46:4. PS 48:4. PL 52:4. RL 64:4.

Propose a change

46:6 Subsequently Taken.

If from any cause the mayor or any of the aldermen or common councilmen are not then sworn the oath may be administered to them at any time thereafter, a record thereof being made on the journal of their board. Source. 1846, 384:8. GS 42:5. GL 46:5. PS 48:5. PL 52:5. RL 64:5.

Propose a change

46:7 One Board.

The mayor and aldermen shall compose one board, and shall sit and act together as one body, at all meetings of which the mayor, if present, shall preside; but in his absence a chairman shall be chosen. Source. 1846, 384:10. 1855, 1699:2, 12. GS 42:6. GL 46:6. PS 48:6. PL 52:10. RL 64:10.

Propose a change

46:8 Distinct From Mayor and Aldermen.

The persons chosen and qualified as members of the common council shall sit and act together as one board, distinct from the mayor and aldermen, except when the 2 bodies are required to act in convention. Source. 1846, 384:13. 1855, 1699:15. GS 42:7. GL 46:7. PS 48:7. PL 52:15. RL 64:15.

Propose a change

46:9 President.

The common council shall from time to time choose one of their members to preside at all meetings of the board, who shall have, for the preservation of order, the powers of a moderator in town meeting. Source. 1846, 384:13. 1855, 1699:15. GS 42:8. GL 46:8. PS 48:8. PL 52:16. RL 64:16.

Propose a change

46:10 Clerk.

They shall choose a clerk, who shall hold his office during their pleasure, shall attend their sessions and keep a record of their acts, doings and proceedings, and perform such other services in his office as the council shall require. Source. 1846, 384:13. 1855, 1699:15. GS 42:9. GL 46:9. PS 48:9. PL 52:17. RL 64:17.

Propose a change

46:11 Compensation; Ineligibility.

No member of either branch, except the mayor, shall receive any compensation for his services, or shall hold any office or agency created during his continuance in office. Source. 1846, 384:2. 1855, 1699:2. GS 42:13. GL 46:13. PS 48:13. PL 52:9. RL 64:9.

Propose a change

46:12 Quorum; Procedure.

A majority of each branch of the city councils shall be a quorum for the transaction of business; their meetings shall be public, and, on motion of any member, the yeas and nays on any question shall be taken and entered upon the journal. Source. 1846, 384:2. 1855, 1699:2, 13. GS 42:10. GL 46:10. PS 48:10. PL 52:6. RL 64:6.

Propose a change

46:13 Rules.

Each branch may make, alter or repeal rules for the orderly transaction of its business; and the 2 branches, by concurrent vote, may make and alter joint rules for the transaction of the business of the 2 branches. Source. 1855, 1699:13. GS 42:12. GL 46:12. PS 48:12. PL 52:8. RL 64:8.

Propose a change

← Find another law