in the month of January or February, choose by ballot some suitable person as draw tender for the Newburyport bridge, whose duty shall be to take care of the bridge night and day, and cause the draw thereof to be opened at all times when required for the passage of vessels and close the same forthwith. He shall see that the abutments and piers are also in a safe and satisfactory condition, that the lamps thereon are well lighted, that the railing and plank are in good order, subject to the authority and control of the standing committee.

SECT. 3. The draw tender so chosen shall receive for his services such compensation as the city council shall from time to time establish.

SECT. 4. Whenever any bridge or culvert for the use of the city shall be built, altered, or repaired, the expense of which shall exceed the sum of two hundred dollars, it shall be the duty of the committee to give notice in the newspaper or newspapers in which the ordinances of the city are published, to contractors, of the proposed work to be done.

SECT. 5. No proposal shall be received by the said committee from any person offering to contract for such work unless the same is sealed; and no proposal shall be opened except in committee actually assembled, and the contents of no proposal shall be made known to any person not a member of the committee until after a contract shall have been made; provided always that if any such proposals shall be offered by persons who, in the judgment of said committee, shall be incompetent to perform their contracts in a workmanlike manner, or irresponsible, in respect to their means, of faithfully executing the

same, the said committee may in their discretion reject any such proposal, notwithstanding the same be at a lower rate than other proposals for the same work.

SECT. 6. No expenditure exceeding one hundred dollars shall ever be made in the alteration or repairs. of any bridge or culvert without the express vote of the city council authorizing the same.

SECT. 7. The standing committee shall have special care and direction for the interests of the city in the making and maintaining of any bridge or culvert built or to be built by any horse or steam railroad.

SECT. 8. This ordinance shall take effect on its passage, and all ordinances giving the care of bridges or culverts to the committee on highways are hereby repealed; provided that such repeal shall not in any manner affect any right which may have been acquired by any party under said ordinances, or contracts heretofore made by said committee acting under said ordinances.

[Passed February 17, 1873.]

AN ORDINANCE RELATING TO TRUANTS.

SECTION 1. The city of Newburyport hereby adopts the two hundred sixty-second chapter of the laws of this commonwealth, passed May 2, 1873, entitled, "An act concerning truant children and absentees from school," and avails itself of the provisions of said act.

SECT. 2. Every child between the ages of seven

and fifteen years of age who shall be convicted of being an habitual truant from school, and any minor between the age of seven and fifteen years convicted of wandering about in the streets and public places of this city, having no lawful employment or business, not attending school and growing up in ignorance, shall be committed to the Lawrence Industrial school for a term not less than three months nor more than two years, as the justice or court having jurisdiction may determine; provided, however, that any minor so committed may, upon proof of amendment or for other sufficient cause shown upon a hearing of the case, be discharged by such justice or court.

SECT. 3. This ordinance shall go into effect from and after its passage and approval of the superior court or one of the justices thereof, or by the judge of probate for the county of Essex, and the ordinances relating to the same subject, passed May 2, 1864, and prior thereto, are hereby repealed.

[Passed September 7, 1874.]

ESSEX, SS.

SUPERIOR COURT, October term, A. D. 1878. Presented and approved,

WILLIAM ALLEN, Presiding Justice.

AN ORDINANCE CONCERNING ENCROACHMENTS ON THE STREETS AND PUBLIC GROUNDS OF THE CITY.

SECTION 1. No person shall construct or place, or cause to be constructed or placed, any portico, porch, door step, window, post, fence or edifice projecting

into any street, public ground or highway in the city of Newburyport.

SECT. 2. If any person shall violate any provision of section first of this ordinance, he shall for such offence forfeit a sum not less than four dollars nor more than twenty dollars.

SECT 3. No person shall suffer or permit any portico, porch, door, window, step, post, fence, edifice or other obstructions to remain projecting into any street, public ground or highway in this city, after notice to remove the said portico, porch, door, window, step, post, fence, edifice or other obstructions shall have been given from the board of aldermen of this city, or from some person authorized by them.

SECT. 4. Any person who shall violate the provisions of section third of this ordinance shall, for each and every day on which said ordinance is violated, forfeit the sum of five dollars, provided, however, that in no case upon one complaint alone, shall any person incur fines amounting in the aggregate to more than twenty dollars.

SECT. 5. This ordinance shall take effect on its passage.

[Passed February 15, 1875.]

AN ORDINANCE ESTABLISHING THE OFFICE OF CITY SOLICITOR.

SECTION 1. There shall be appointed annually in the month of January, and as often as a vacancy in the office may occur, by the mayor and board of aldermen, a solicitor for the city of Newburyport, who

shall be a resident citizen thereof, and an attorney and counsellor at law of the courts of the commonwealth, and who shall not hold any other office under the city government, or be a member of the city council, during the period for which he is elected, and shall be removable at the pleasure of the mayor and board of aldermen.

SECT. 2. It shall be the duty of said city solicitor to draft all legal instruments, of whatever nature, which may be required of him by the mayor and aldermen, or by the city council, or by either branch thereof, or by any person authorized to represent the city, in all cases where by usage or agreement the expense of drawing should be paid by the city.

SECT. 3. It shall be the duty of said city solicitor, when requested by the proper authority, to commence and prosecute all actions in law or equity, in which the city may be a party, or in which the city may be interested, where the rights of its officers or the police interests of the city, in any criminal proceeding in the police court in Newburyport, may be involved; and in all matters of a professional nature, relating to advice or otherwise, to do everything which may be properly required of him by either branch of the city council, or by any board of the city government, or by any committee thereof, or by any order or ordinance now or hereafter in force.

SECT. 4. It shall be the duty of said solicitor annually in the month of December, to make a report to the city council, of all cases in court involving the interests of the city, which are in his care, with such information relating thereto as it may be important for the city to have, and of all moneys that have been