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shall be made by the city council therefor, to cause all necessary paths and avenues to be constructed therein, and to cause said cemetery to be planted and embellished with trees, shrubs, flowers and other rural ornaments, as they shall think proper; Board may and said board may make all necessary by-laws and regulations in the execution of their trust, not lations, &c. inconsistent with this act, and the laws of the Commonwealth, as they shall deem expedient.

make by

laws, regu

Commis

sioners shall

ity to sell, &c.

SECT. 3. Said board of commissioners shall have author- have authority to sell, to any person or persons, the sole and exclusive right of burial and of erecting tombs, cenotaphs, and other monuments, in any of the designated lots or subdivisions of said cemetery, upon such terms and conditions as they shall, by their rules and regulations, prescribe; Deeds and but all deeds and conveyances of such lots or rights to be made of burial, shall be made in the name of the city, in the name and shall be executed in behalf of the city by the of the city. treasurer thereof, for the time being, when requested so to do by said commissioners; and the proceeds of such sales shall in all cases be paid into the city treasury.

conveyances

Commis

sioners shall

ceedings, when re. quired.

SECT. 4. Said board of commissioners shall anreport pro- nually, in the month of January, and whenever required by the city council, make and render a report of all their acts, doings, and proceedings, and of the condition of the cemetery, and an account of the receipts and expenditures for the same.

Meeting for acceptance

SECT. 5. The mayor and aldermen of said city of this act. shall notify and warn the legal voters of said city, to meet in their respective wards on such day as they shall direct, not exceeding sixty days from the passage of this act, for the purpose of giving in their written votes, upon the question whether they will accept the same, and if a majority of the votes given upon said question, shall be in the negative, then this act shall be null and void.

SECT. 6. This act shall take effect from and

after its passage. April 28, 1854. 1854.]

[Approved by the Governor, Accepted by the city, May 27,

AN ACT

Concerning Streets and Ways in the city of Worcester.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

grade

ways given

in case of

SECTION 1. When any street or way which Abutters to now is, or hereafter shall be opened, in the city of streets and Worcester, over any private land, by the owners to public use thereof, and dedicated to, or permitted to be used by the public, before such street shall have been accepted and laid out according to law, it shall be the duty of the owners of the lots abutting thereon, to grade such street or way, at their own expense, in such manner as the safety and convenience of the public shall, in the opinion of the mayor and aldermen of said city, require; and if Proceedings the owners of such abutting lots shall, after reas- neglect or onable notice given by the said mayor and alder- refusal. men, neglect or refuse to grade such street or way, in manner aforesaid, it shall be lawful for the said mayor and aldermen to cause the same to be graded as aforesaid, and the expense thereof shall, after due notice to the parties interested, be equitably assessed upon the owners of such abutting lots, by the said mayor and aldermen, in such proportions as they shall judge reasonable; and all assessments so made shall be a lien upon such abutting lands, in like manner as taxes are now a lien upon real estate: provided, that any such grading Proviso. of any street or way, by the mayor and aldermen as aforesaid, shall not be construed to be an acceptance of such street or way by the city of Wor

cester.

No street less than 40 feet.

When this act shall take effect.

SECT. 2. No street or way shall hereafter be opened as aforesaid, in said city, of a less width than forty feet, except with the consent of said mayor and aldermen, in writing, first had and obtained for that purpose.

SECT. 3. This act shall take effect in thirty days from the passing thereof, unless the city council of said city shall, within that time, vote not to accept the same. [Approved by the Governor, April 13, 1850. In City Council, May 6, Ordered, that no action be had thereon.]

ORDINANCES.

No. 1. Repealed by No. 57. No. 2. Repealed. See 75.

No. 3.

An Ordinance concerning the office of City Messenger.

Be it Ordained by the Mayor, Aldermen, and Common Council of the city of Worcester, in City Council assembled, as follows:

SECTION 1. The Mayor and Aldermen shall forthwith and hereafter annually in the month of April, appoint a City Messenger, who shall attend the sessions of the Mayor and Aldermen and of the City Council, and shall deliver all messages, notifications, and other papers, when thereto directed by the Mayor, the President of the Common Council, the City Council, or either branch thereof, and shall make due return. And it shall be the duty of the Messenger to prepare and arrange the halls and apartments of the City Hall for the uses to which they may be appropriated, making fires, and furnishing lamps whenever it may be necessary; and, under the direction of the Mayor, he shall provide fuel, lights, and all things necessary and proper for the use of said halls and apartments. And said Messenger shall have the superintendence of said halls and apartments and keep them clean and in good condition for ordinary uses, and for any occupation which shall be permitted under the authority of the Mayor and Aldermen and said Messenger shall personally attend to prepare and take charge of any of said halls and apartments, whenever the occupation of them shall be permitted as aforesaid. And said Messenger shall also prepare the rooms selected for Ward meetings, and have the same cleaned and put in good order after said meetings are ad

:

journed; and shall be at all times subject to such further orders as the City Council may make.

SECT. 2. The Mayor and Aldermen may at any time, by vote, remove from office the City Messenger; and in case of the removal, resignation, or death of the City Messenger, the Mayor and Aldermen shall appoint a successor.

SECT. 3. The City Messenger shall receive from the City Treasury a salary, payable quarterly, at the rate of Three, Hundred Dollars for the year. Passed May 4, 1848.

[See 61 and 62.]

No. 4.

An Ordinance for the purchase of the rights, property and estates of the Worcester Aqueduct Company.

Be it Ordained by the Mayor, Aldermen, and Common Council of the the City of Worcester, in City Council assembled, as follows:

SECTION 1. The city will purchase all the property, rights and interest of the Worcester Aqueduct Company in and to the Waters of Bell Pond and to the management and use of the same, together with the land owned by said company, with their Reservoir, Aqueduct, Hydrants and whatsoever else the said Company have a right to hold or possess under their act of incorporation, and in payment therefor, the City will assume all the duties and obligations of said Aqueduct Company.

SECT. 2. The Mayor is empowered in the name of the City to accept a sufficient deed with the consideration that the City doth assume all the duties and obligations of the Worcester Aqueduct Company, executed by said Aqueduct Company, conveying to the City all the Property, rights, interest and estates described in the preceding section.

SECT. 3. To carry into effect the purchase provided for in the preceding Sections, the City Treasurer is directed and empowered in the name of the City, to execute so many promissory notes, for such amount and on such terms, as shall be approved by the Mayor, payable to the Worcester County Institution for Savings, to satisfy and pay an equal number of Notes, now outstanding and payable by the Worcester Aqueduct Company to said Worcester County Institution for Savings. Passed May 6, 1848. See City Charter, § 23, p. 17.

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