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in the city council, to be carried into execution in such manner as the city council shall deem expedient.

SECTION 15. The city council shall have authority to Drains, &c. cause drains and common sewers to be laid down through any streets or private lands, paying the owners such damage as they may sustain thereby, and to require all persons to pay a reasonable sum for the privilege of opening any drain into said public drain or common sewer.

And the city council may make by-laws, with suitable Inspection of penalties, for the inspection, survey, measurement, and sale lumber, &c. of lumber, wood, coal, and bark, brought into the city for

sale.

SECTION 16. The mayor and aldermen shall, in each Representation to year, issue their warrants for calling meetings for the election general court. of the whole number of the representatives to the general court, to which said city is by law entitled, and the number shall be specified in the warrant.

ty, state, and U.

SECTION 17. All elections for county, state, and United Election of counStates officers, who are voted for by the people shall be States officers. held at meetings of the citizens qualified to vote in such elections, in their respective wards, at the time fixed by law for these elections respectively; and, at such meetings, all the votes given for said officers respectively, shall be assorted, counted, declared, and registered, in open ward meeting, by causing the names of all persons voted for, and the number of votes given for each, to be written in the ward record in words at length. The ward clerk shall forthwith deliver to the city clerk a certified copy of the record of such elections.

The city clerk shall forthwith record such returns, and the mayor and aldermen shall, within two days after every such election, examine and compare all said returns, and make out a certificate of the result of such elections, to be signed by the mayor and a majority of the aldermen, and also by the city clerk, which shall be transmitted or delivered in the same manner as similar returns are by law directed to be made by selectmen of towns. And in all elections for representatives to the general court, in case the whole number proposed to be elected shall not be chosen by a majority of the votes legally returned, the mayor and aldermen shall forthwith issue their warrant for a new election, conformably to the provisions of the constitution and the laws of the Commonwealth.

SECTION 18. Prior to every election, the mayor and List of votere. aldermen shall make out lists of all the citizens of each ward, qualified to vote in such elections, in the manner in which selectmen of towns are required to make out lists of voters; and for that purpose, they shall have full access to

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the assessors' books and lists, and be entitled to the assistance of all assessors and city officers; and they shall deliver said lists so prepared and corrected, to the clerks of said wards, to be used at such elections; and no person shall be entitled to vote whose name is not borne on such lists.

SECTION 19. General meetings of the citizens qualified to vote, may, from time to time, be held to consult upon the public good, to instruct their representatives, and to take all lawful measures to obtain redress for any grievances, according to the right secured to the people by the constitution of this Commonwealth.

And such meetings may, and shall, be duly warned by the mayor and aldermen, upon the requisition of fifty qualified voters.

SECTION 20. The city council shall have power to make all such salutary and needful by-laws as towns, by the laws of this Commonwealth, have power to make and establish, and to annex penalties, not exceeding twenty dollars, for the breach thereof; which by-laws shall take effect, and be in force, from and after the time therein respectively limited, without the sanction of any court, or other authority whatever: provided, however, that all laws and regulations, now in force in the town of Lynn, shall, until they shall expire by their own limitation, or be revised or repealed by the city council, remain in force, and all fines and forfeitures, for the breach of any by-law or ordinance, shall be paid into the city treasury.

SECTION 21. All fines, forfeitures, and penalties, accruing for the breach of any by-laws of the city of Lynn, or of any of the ordinances of the city council, or of any of the orders of the mayor and aldermen, may be prosecuted for and recovered, before the police court in said city of Lynn, by complaint or information, in the same way and manner in which other criminal offences are now prosecuted before the police courts within this Commonwealth; reserving, however, in all cases, to the party complained of and prosecuted, the right of appeal to the court of common pleas, then next to be held in the county of Essex, from the judgment and sentence of the police court.

And the appeal shall be allowed on the same terms, and the proceedings shall be conducted therein in the same manner as provided in the one hundred and thirty-eighth chapter of the Revised Statutes of this Commonwealth.

And it shall be sufficient in all such prosecutions, to set forth in the complaint, the offence fully, plainly, substantially, and formally; and it shall not be necessary to set forth such by-law, ordinance, or order, or any part thereof.

All fines, forfeitures, and penalties, so recovered and paid, shall be paid to the treasurer of the city of Lynn, and shall inure to such uses as said council shall direct.

When any person, upon any conviction before the police court for any breach of any by-law of said city of Lynn, or any of the ordinances of the city council, or any of the orders of the mayor and aldermen, shall be sentenced to pay a fine, or ordered to pay any penalty or forfeiture, provided by any such by-law, ordinance, or order, or, upon claiming an appeal, shall fail to recognize for his appearance at the court appealed to, and there to prosecute his appeal, and to abide the sentence or order of the court thereon, and in the mean time, to keep the peace and be of good behavior; and, upon not paying the fine, penalty, or forfeiture, and cost so assessed upon him, he shall be committed to prison, there to remain until he or she shall pay such fine, forfeiture, or penalty, and costs, or be otherwise discharged according to law.

The provisions of this section shall also apply to all prosecutions founded on the by-laws or ordinances of the town of Lynn, which may continue in force after this act shall go into operation, and all the powers of the police court already established, shall be continued to it.

ernment.

SECTION 22. For the purpose of organizing the system First organizaof government hereby established, and putting the same into ton of city gov operation, in the first instance, the selectmen of the town of Lynn, for the time being, shall, on some day during the months of April, May, or June, of the present year, issue their warrants seven days at least previous to the day so appointed for calling meetings of the said citizens, at such place and hour as they may deem expedient, for the purpose of choosing a warden, clerk, and inspectors for each ward, and all other officers whose election is provided for in the preceding sections of this act; and the transcripts of the records of each ward, specifying the votes given for the several officers aforesaid, certified by the warden and clerk of such ward at said first meeting, shall be returned to the said selectmen, whose duty it shall be to examine and compare the same, and, in case said elections should not be completed at the first meeting, then to issue new warrants until such elections shall be completed; and to give notice thereof, in the manner herein before provided, to the several persons elected.

And, at said first meeting, any inhabitant of said ward, being a legal voter, may call the citizens to order, and preside until a warden shall have been chosen. And, at said first meeting, a list of voters in each ward, prepared and corrected by the selectmen for the time being, shall be

City clerk to have

records, &c.

delivered to the clerk of each ward when elected, to be used as herein before provided. And the selectmen shall appoint such time for the first meeting of the city council as they may judge proper, after the choice of city officers as aforesaid, or a majority of the members of both branches, in the year one thousand eight hundred and fifty, and shall also fix upon the place and the hour of said first meeting, and a written notice thereof shall be sent by said selectmen to the place of abode of each of the city officers chosen as provided in this section.

And after this first election of city officers, and this first meeting for the organization of the city council, as in this section is provided, the day of holding the annual elections, and the day and hour for the meeting of the city council, for the purpose of organization, shall remain as provided in the sixth section of this act.

And it shall be the duty of the city council immediately after the first organization, to elect all necessary city officers, who shall hold their offices respectively until others are chosen and qualified.

SECTION 23. All officers of the town of Lynn, having custody of all the care and custody of any records, papers, or property, belonging to said town, shall deliver the same to the city clerk, within one week after his entering upon the duties of his office.

Repeal.

Power of legislature reserved.

This act to be ap

voters.

SECTION 24. All such acts and parts of acts as are inconsistent with the provisions of this act, shall be and the same are hereby repealed.

SECTION 25. Nothing in this act contained, shall be so construed as to prevent the legislature from altering or amending the same whenever they shall deem it expedient.

SECTION 26. This act shall be void unless the inhabitants proved by the of the town of Lynn, at a legal meeting called for that purpose, at which the selectmen shall preside, and the check-list used in the same manner as at meetings called to choose state officers, and the polls be kept open at least ten hours, shall, by a vote of a majority of the voters present and voting thereon, yea or nay, by a written ballot, determine to adopt the same within twenty days from and after its passage.

SECTION 27. This act shall go into operation from and after its passage.

[1854, 16; 1859, 213.]

April 10, 1850.

[1833, 118; 1836, 190, 204; 1837, 84; 1845, 245; 1848, 196; 1849, 194.]

Chap. 187 AN ACT to increase the Capital Stock of the Norwich and Worcester Railroad Company.

Addition, 4,250 shares.

Be it enacted, &c., as follows:

SECTION 1. The Norwich and Worcester Railroad Company is hereby authorized to increase the capital stock of

said company, by the addition of four thousand two hundred and fifty shares, each share to be of the par value of one hundred dollars.

such new shares.

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SECTION 2. For the purpose of carrying into effect the of the issue of provisions of this act, the directors of said company are hereby authorized and empowered to issue said four thousand two hundred and fifty shares of new stock; and the present stockholders of said company may subscribe for said new stock, in the proportion of one share for every four shares of old stock by them held, they paying par value for such new stock in such manner as the board of directors of said company shall direct at the time of subscribing, and also delivering up their certificates of old stock, and receiving in lieu of every four shares of old stock and share of new stock a certificate of five shares of preferred stock: provided, that not more than one-half of Proviso. the amount of such new stock so taken by each stockholder, shall be required to be paid in by him, within one year after the acceptance of this act by the stockholders ast provided in the seventh section.

ner of issuing.

SECTION 3. No portion of said stock issued under the Time and manprovisions of this act, shall be issued at less than its par value; the time and manner of issuing it shall be determined by the directors of said company, who shall annually make report of their proceedings to the legislature of this

State.

by the Common

SECTION 4. The said stock in the certificates issued The new stock to be preferred. therefor, shall be called preferred stock, and whenever the four thousand shares of the capital stock of said corporation, held by the Commonwealth as collateral security, shall be of the stock held transferred by the Commonwealth, or issued by said cor- wealth. poration, then, and in either of said cases, the said four thousand shares, or so many of them as may be transferred or issued, shall stand on the same footing and be entitled to the same benefits and advantages in all respects, as said preferred stock; and the board of directors are hereby authorized and empowered to declare and pay semi-annual dividends out of the net earnings of said company, not exceeding six per cent. per annum on such preferred stock; and no dividends shall hereafter be declared and paid upon Its privileges. any other stock of said company, now in the hands of stockholders, except the same be paid out of the net surplus earnings of said company after the payment of the dividends on said preferred stock.

after payments to

SECTION 5. When, after the payment of the dividends of the surplus upon said preferred stock, out of the net earnings of said preferred stock. company, there shall be a surplus remaining, there shall be paid out of such surplus, semi-annual dividends not exceed

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