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and pay such compensation for their services, and, in general, Fix and pay com to make such regulations in regard to their conduct and pensation, &c. government, and to the management and conduct of fires, and persons attending at fires, subject to the penalties provided for the breach of the city by-laws, as they shall deem expedient: provided, that the appointment of engine men, Proviso. hose men, and hook and ladder men, shall be made by the mayor and aldermen exclusively.

1835 to continue

SECTION 6. An act establishing the fire department in Acts of 1832 and the town of Cambridge, passed March seventeenth, in the in force, except, year one thousand eight hundred and thirty-two, and an &c. act in addition thereto, passed March thirtieth, in the year one thousand eight hundred and thirty-five, shall continue in force, except in regard to the power of making by-laws, and publishing the same, and except also in so far as they are otherwise inconsistent with the preceding section, in which respects they shall be void.

new streets, &c.

SECTION 7. The city council shall have exclusive author- Power to lay out ity and power to lay out new streets or ways within said city, and to estimate the damage which any person shall sustain thereby; but all petitions and questions relating to the laying out, widening, altering, or discontinuing, of any street or way, shall be first acted upon by the mayor and aldermen. Any person, dissatisfied with the decision of Persons dissatisthe city council in the estimate of damages, may, within complaint to six months thereafter, make complaint to the county com- sioners, &c. missioners in the county of Middlesex, upon which complaint the same proceedings shall be had, as are provided in the twenty-fourth chapter of the Revised Statutes, in cases where persons are aggrieved by the assessment of damages by selectmen.

fied

may make

county commis

shall be filled by

SECTION 8. If a vacancy shall exist in any of the boards Certain vacancies of assessors, assistant-assessors, overseers of the poor, or city council. school committees, by failure of the inhabitants to elect, by neglect or refusal to serve, by death, resignation, or any other cause, the city council shall fill such vacancy as soon as may be after the knowledge of the fact: provided, that Proviso. nothing herein contained shall be construed to prevent the operations of the one hundred and forty-fourth chapter of the act passed on the twenty-sixth day of April, in the year one thousand eight hundred and forty-nine, relating to such vacancies therein mentioned as may occur in the school committee after the date of the warrant for the annual town meeting for the election of their successors. SECTION 9. No board or committee of the city council, No contracts to or of either branch thereof, shall make any contract on cific appropriabehalf of and binding upon the said city, the amount of tions therefor.

exceed the spe

Acts repealed.

When to take effect.

which contract shall exceed the specific appropriations of the city council previously made therefor.

SECTION 10. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SECTION 11. This act shall not go into operation until it shall have been adopted, by ballot, by the inhabitants of the said city of Cambridge, at a meeting duly called for that purpose by the mayor and aldermen. April 30, 1851.

[1853, 155; 1856, 112; 1857, 75.]

[1845, 177; 1847, 96.]

Chap. 101 AN ACT to increase the Capital Stock of the Boston Belting Company. Be it enacted, &c., as follows:

$300,000 additional capital stock.

The Boston Belting Company are hereby authorized to increase their capital stock to a sum not exceeding three hundred thousand dollars, and to invest in real estate such portion thereof, not exceeding the sum of seventy-five thousand dollars, as may be necessary and convenient for the purpose for which the company was incorporated.

April 30, 1851. Chap. 103 AN ACT to authorize T. V. Loveland, Josiah Hardy, Jr., and Anthony Thacher, to build a Wharf.

Chatham.

age, &c. Proviso.

Be it enacted, &c., as follows:

T. V. Loveland, Josiah Hardy, Jr., and Anthony Thacher are hereby authorized to build a wharf at the head of Powder Hole Harbor, at Monomoy Point, in the town of Chatham; May receive dock- and they shall have the right to lay vessels at the said wharf, and to receive dockage and wharfage therefor: provided, that the said wharf shall in no way obstruct the anchorage for vessels in the said harbor: and provided, also, that this grant shall not interfere with the legal rights of any person.

Chap. 104

Time to construct extended.

April 30, 1851.

[1846, 90; 1848, 285; 1849, 94, 199; 1850, 140.]
AN ACT concerning the Newburyport Railroad Company.

Be it enacted, &c., as follows:

The time within which the Newburyport Railroad Company may construct their railroad, is hereby extended to the first day of October, in the year one thousand eight hundred and fifty-two.

May 7, 1851.

[1851, 212; 1852, 167; 1853, 276; 1854, 190; 1855, 14, 62, 216; 1856, 88.]

[1841, 88; 1842, 48; 1843, 30; 1845, 84, 250; 1850, 40.]

Chap. 105 AN ACT in addition to "An Act relating to Charles River and Warren

Authorized to

place a floating bath.

Be it enacted, &c., as follows:

Bridges."

The lessee who was authorized to erect a bath-house on the westerly pier of Warren Bridge, by an act passed on the

twenty-fifth day of February, in the year one thousand eight hundred and fifty, is hereby authorized to place a floating bath-house in the Charles River, between Warren Bridge and the bridge of the Fitchburg Railroad Company; the To be removed, said bath-house to be removed at the expiration of the lease authorized by the act aforesaid.

[1854, 451.]

[1824, 110; 1832, 117; 1833, 218; 1843, 50.]

May 7, 1851.

AN ACT granting certain powers to the City of Lowell.

Be it enacted, &c., as follows:

&c.

Chap. 106

All the rights, privileges, immunities, and powers, granted Powers transand reserved to the inhabitants of the town of Chelmsford, city of Lowell. by an act to incorporate certain persons for the purpose of building a bridge over Merrimack River, in the county of Middlesex, between the towns of Dracut and Chelmsford, approved February the twenty-fourth, in the year one thousand eight hundred and twenty-five, are hereby transferred and granted to, and vested in, the city of Lowell, to be exercised and enjoyed by the said city, in as full and ample a manner, as the same rights, privileges, immunities, and powers, might have been exercised and enjoyed by the said inhabitants of the town of Chelmsford at any time, under and by virtue of the act aforesaid. May 7, 1851.

[1846, 157; 1848, 14.]

AN ACT to authorize the Lowell and Lawrence Railroad Company to Chap. 107

construct Branches.

Be it enacted, &c., as follows:

SECTION 1. The Lowell and Lawrence Railroad Company Location. are hereby authorized to locate, construct, and maintain, a branch railroad, commencing at some convenient point on their railroad, about three hundred feet easterly of the Bleachery branch of the Boston and Lowell Railroad Corporation; thence running through land of the Lowell Bleachery Company, and through land of Oliver M. Whipple, crossing Lawrence Street, in Lowell, to a point in said Whipple's land, easterly of said Lawrence Street; and to enter with their said branch upon the said Bleachery branch, and use the same, agreeably to the provisions of law.

SECTION 2. The said Lowell and Lawrence Railroad Other location. Company are also authorized to locate, construct, and maintain, a branch railroad, commencing at a point near and northerly of the Arch Bridge over the Boston and Lowell Railroad, in said Lowell; thence running northerly, to a May unite with point on the bridge over the Pawtucket Canal, and to unite roads. the said branch railroad at its northerly terminus, with the Nashua and Lowell Railroad, and at its southerly terminus, with the Boston and Lowell Railroad, in a manner convenient for the use of, and entry upon, the main track of the

and use other

Location

be

to

filed within

one

year.

Other

railroads

may be author

Lowell and Lawrence Railroad; and also to use the said Boston and Lowell and Nashua and Lowell Railroads according to law.

SECTION 3. If the location of the said branch railroads be not filed according to law within one year, and if the same be not constructed within two years, then this act shall be null and void.

SECTION 4. The legislature may authorize any company ized to enter, &c. to enter with their railroad at any point on the said branches and to use the same, or any part thereof, agreeably to the provisions of law.

SECTION 5. This act shall take effect from and after its passage.

[1855, 386.]

[Special Laws, vol. 3, p. 159.]

May 7, 1851.

Chap. 108 AN ACT authorizing the Proprietors of certain Tide Meadows in Salisbury

May construct dike, &c.

Shall provide landing place, &c.

Powers ana duties.

to protect the same from overflow.

Be it enacted, &c., as follows:

SECTION 1. Caleb Pike, William Cushing, Abel Merrill, their associates, successors and assigns, proprietors of tide meadows in the town of Salisbury, situated on the southeasterly side of the Eastern Railroad, are authorized and empowered to construct a dike, or embankment, or tide gates, at the intersection of the said railroad with the Town Creek, so called, for the purpose of improving the said meadows, and protecting them against overflow by the ascent of the tide in Merrimack River and in said creek.

SECTION 2. The said proprietors, in case they shall construct such dike, or embankment, or tide gates, as aforesaid, shall provide, for all persons entitled by law to use the said creek, a landing place on the north-westerly side of the said railroad.

SECTION 3. The proprietors of the tide meadows aforesaid may manage their affairs as proprietors of general fields, and as such shall have all the powers, and be subject to all the duties, and liabilities, conferred and imposed on the proprietors of general fields by the forty-third chapter of the Revised Statutes.

SECTION 4. This act shall take effect from and after its passage. May 7, 1851.

[1849, 135; 1850, 205.]

Chap. 109 AN ACT further to extend the time for paying in the Capital Stock of the Springfield Fire and Marine Insurance Company.

Time extended.

Be it enacted, &c., as follows:

SECTION 1. The time for paying in the capital stock of the Springfield Fire and Marine Insurance Company, according to the provisions of an act approved by the governor

on the fifteenth day of April, in the year one thousand eight hundred and fifty, is hereby further extended six months from the several periods named in the said act.

&c., made valid.

SECTION 2. The organization of the said company and The organization, all payments heretofore made under any of the acts of which this act is in addition, shall be valid as though made

under this act.

SECTION 3. This act shall take effect from the date of its passage.

[1858, 4; 1859, 11.]

May 7, 1851.

AN ACT to authorize William C. Barstow and others to build and extend Chap. 110

Be it enacted, &c., as follows:

their Wharves.

William C. Barstow, C. C. Gilbert, Mark Googins, Curtis S. Dunbar, and Albert Bowker, proprietors of wharves and flats situated on Eagle and Chelsea Streets in that part of Boston known as East Boston, and lying between and ad- East Boston. joining the land and flats of the East Boston Company, are hereby authorized to build, extend, and maintain, wharves from the said flats into the harbor channel, as far as the line established by the act entitled "An Act to preserve that part of the harbor of Boston called Chelsea Creek, and to prevent encroachments therein," passed on the second day of May, in the year one thousand eight hundred and fortynine; and they shall have the right to lay vessels at the May receive dockends and sides of said wharves, and to receive wharfage and age, &c. dockage therefor: provided, however, that this grant shall Proviso. not be construed to extend to any flats or land of this Commonwealth lying in front of the flats of any other person, or which would be comprehended by the true lines of such flats continued to the commissioners' line: and provided, also, Proviso. that so much of the said wharves as may be constructed below low-water mark shall be built on piles, which piles. shall not be nearer to each other than six feet in the direction of the stream, and eight feet in a transverse direction, and that this act shall in no wise affect the legal rights of any person or corporation. May 7, 1851.

[1809, 1.]

AN ACT to change the Name of the First Congregational Society in Chap. 111

Be it enacted, &c., as follows:

Tyringham.

SECTION 1. The First Congregational Society in Tyring- Name changed. ham shall hereafter be called and known by the name of the First Congregational Society in Monterey, and all debts due to or from the said First Congregational Society may be

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