beth Howard McCarthy may take the name of Elizabeth Howard Miles; Thomas McCarthy may take the name of Thomas Miles; Ellen McCarthy may take the name of Ellen Miles; Miles McCarthy may take the name of Francis Miles, all of Waltham; Jerome Bonaparte Lord may take the name of Jerome Bonaparte Lawton; Solomon Fletcher may take the name of Solomon Lawrence Fletcher, both of Winchester, all in the county of Middlesex. Owen Wilson, of Leominster, may take the name of Owen Worcester. Augustus Wilson; Alden Woodcock, of Leominster, may take the name of Alden Augustus Woodman; Daniel Webster Gilbert, of West Brookfield, may take the name of De Witt Gilbert; Jacob Henry Paige, of Berlin, may take the name of William Henry Paige; Susan Gideon Warner, of Boylston, may take the name of Mary Sophia Hastings; Sarah Ann J. French, of Hubbardston, may take the name of Sarah Jane Ashley; Daniel P. Munjoy, of Westminster, may take the name of Daniel P. Blake,-all in the county of Worcester. Grant Powers Stafford, of Cummington, in the county of Hampshire. Hampshire, may take the name of Lewis Grant Stafford. Hannah Mellen Lyman may take the name of Annie Hampden. Charles Gay, a minor, of Roxbury, in the county of Nor- Norfolk. folk, may take the name of Henry Phillips. Celinda J. Hammond may take the name of Isabella J. Plymouth. Hammond; Betsy F. Goss may take the name of Lizzie F. Goss, both of Middleborough, in the county of Plymouth. And the several persons before mentioned, from and after the passage of this act, shall be known and called by the names which by this act they are respectively allowed to assume as aforesaid, and the same shall hereafter be considered as their only proper and legal names. May 24, 1851. AN ACT to incorporate the Proprietors of the Catholic Cemetery in Chap. 292 Be it enacted, &c., as follows: Dorchester. SECTION 1. Nicholas J. Bean, Martin Lynch, James Corporators. Nugent, their associates and successors, are hereby made a corporation, by the name of the Catholic Cemetery Association in Dorchester, for the purpose of establishing and per- Purpose. petuating a place for the burial of the dead, to be located in the town of Dorchester, and shall have all the powers and Powers and privileges, and be subject to all the duties, liabilities, and duties. restrictions, set forth in the one hundred and fourteenth chapter of the acts of the year one thousand eight hundred Real and personal estate. and forty-one, and in the forty-fourth chapter of the Revised Statutes. SECTION 2. The said corporation may hold real and personal estate, necessary and convenient for the purposes. aforesaid, not exceeding in amount the sum of twenty-five hundred dollars. May 24, 1851. Chap. 293 AN ACT to set off a part of the Town of Rutland and annex the same to Boundaries. Proviso. Liability to pay taxes, &c. [1857, 234.] the Town of Paxton. Be it enacted, &c., as follows: SECTION 1. So much of the town of Rutland, in the county of Worcester, with the inhabitants thereon, as is included within the following limits, is hereby set off from the said Rutland and annexed to the town of Paxton, to wit:beginning at the stone monument at the north-east corner of Spencer, on the line of Paxton; thence on the line of Rutland and Paxton north one degree and thirty minutes west, four hundred and nine rods, to a stone monument at the north-west corner of Paxton; thence on a straight line south sixty-seven degrees west, about four hundred and twenty-three rods to the line of Oakham; thence on the said. line south eleven degrees east, two hundred and fifteen rods, to the monument at the south-west corner of Rutland at the line of Spencer; thence on the line of Spencer south eightyfour degrees east, three hundred and sixty-one rods, to the point of beginning, containing about seven hundred and thirty-six acres: provided, however, that for the purpose of electing the representative to the general court, to which the said town of Rutland shall be entitled until the next apportionment of representatives, according to the provisions of the thirteenth article of amendment of the constitution, the said territory shall continue to be and remain a part of the said town of Rutland; and the selectmen of the town of Paxton shall furnish to the selectmen of the town of Rutland, fourteen days at least before the second Monday of November annually, a true list of all persons resident on the said territory, who may be entitled to vote in the choice of representatives, as aforesaid, in the town of Rutland. SECTION 2. The inhabitants and estates, so set off, shall be liable to pay all taxes that have been legally assessed on them by the town of Rutland, and also all taxes that may be assessed as aforesaid the current year, and all state and county taxes that may be assessed upon them previously to the taking of the next state valuation; and the town of Rutland shall pay into the treasury of the town of Paxton, whatever portion of the highway and school taxes so assessed has not been expended for the purposes for which they were raised, in the same manner as if this act had not been passed. SECTION 3. The town of Paxton shall be liable for the Liability of the support of all persons who may after the passage of this act town for paupers stand in need of relief as paupers, whose settlement was gained by or derived from a residence within the limits of the territory set off as aforesaid. SECTION 4. This act shall take effect from and after its passage. May 24, 1851. Ax Acr to incorporate the Medford Lyceum and Library Association. Chap. 294 Be it enacted, &c., as follows: James M. Usher, John Pierpont, Junior, Henry W. Usher, Corporators. their associates and successors, are hereby made a corporation, by the name of the Medford Lyceum and Library Association, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes, with power also Real and personto hold real and personal estate not exceeding the sum of al estate. twenty thousand dollars. [1854, 301.] May 24, 1851. Chap. 296 AN ACT to establish the City of Newburyport. liabilities. Be it enacted, &c., as follows: SECTION 1. The inhabitants of the town of Newburyport Name, power and shall continue to be a body politic and corporate, under the name of the city of Newburyport, and as such shall have, exercise, and enjoy, all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations, now incumbent upon and appertaining to the said town, as a municipal corporation. men, common SECTION 2. The administration of all the fiscal, prudential, Mayor, alderand municipal affairs of the said city, with the government council, called thereof, shall be vested in one municipal officer, to be styled city council. the mayor; one council of six, to be called the board of aldermen; and one council of eighteen, to be called the common council; which boards in their joint capacity shall be denominated the city council, and the members thereof shall be sworn to the faithful performance of their respective offices. A majority of each board shall constitute a quorum for doing business. the wards. SECTION 3. It shall be the duty of the selectmen of Selectmen to diNewburyport, as soon as may be after the passage of this vide and equalize act, and its acceptance by the inhabitants as hereinafter provided, to divide the said town into six wards, to contain, as nearly as conveniently may be, an equal number of inhabitants, which proceedings of the selectmen shall be subject to the revision of the city council, within one year after the passage of this act. And it shall be the duty of the city city council to council once in five years, and not oftener, to revise, and, in five years. revise wards once Annual choice of city officers. Clerk pro tem. Duty of clerk. if it be needful, to alter the said wards, in such manner as to preserve, as nearly as may be, an equal number of inhabitants in each ward. SECTION 4. On the second Monday of December, annually, there shall be chosen by ballot, in each of the said wards, a warden, clerk, and three inspectors of elections, residents of wards in which they are chosen, who shall hold their offices for one year, and until others shall have been Duty of warden. chosen in their places, and qualified to act. It shall be the duty of such wardens to preside at all ward meetings, with the power of moderators of town meetings; and if at any meeting the warden shall not be present, the clerk of such ward shall call the meeting to order, and preside until a warden pro tempore shall be chosen by ballot; and if at any meeting the clerk shall not be present, a clerk pro tempore shall be chosen by ballot. The clerk shall record all the proceedings, and certify the votes given, and deliver to his successor in office all such records and journals, together with all other documents and papers held by him in the said capacity. And it shall be the duty of the inspectors of elections to assist the warden in receiving, assorting, and countOath of warden, ing, the votes. And the warden, clerk, and inspectors, so clerk and inspec- chosen, shall respectively make oath or affirmation, faithfully and impartially to discharge their several duties relative to all elections, which oath may be administered by the clerk of such ward to the warden, and by the warden to the clerk and inspectors, or by any justice of the peace for the county of Essex. All warrants for meetings of the citizens for municipal purposes, to be held either in wards or in general meetings, shall be issued by the mayor and aldermen, and shall be in such form, and shall be served, executed, and returned, in such manner, and at such times, as the city council may by any by-law direct. -of inspectors. tors. Warrants. Election of mayor, aldermen and common council. 333. By ballot. SECTION 5. The mayor and six aldermen, one alderman being selected from each ward, shall be elected by the qualified voters of the city at large, voting in their respective wards; Amended, 1851, and three common councilmen shall be elected from and by the voters of each ward, being residents in the wards where elected. All the said officers shall be chosen by ballot, and Tenure of office. shall hold their offices for one year from the first Monday of January, and until others shall be elected and qualified. SECTION 6. On the second Monday of December annually, the qualified voters in each ward shall give in their votes for mayor, aldermen, and common councilmen, as provided Votes, how dis- in the preceding section; and all the votes so given, shall be assorted, counted, declared, and registered, in open ward meeting, by causing the names of persons voted for, and the number of votes given for each, to be written in the ward Election, second Monday of December annually. posed of. adjourned. records in words at length. The clerk of the ward, within officers elected, twenty-four hours after such election, shall deliver to the how notified. persons elected members of the common council certificates of their election, signed by the warden and clerk, and by a majority of the inspectors of elections, and shall deliver to the city clerk a copy of the records of such elections, certified in like manner: provided, however, that, if the choice of the Meeting may be common councilmen shall not be effected on that day, the meeting may be adjourned from time to time to complete such election. The board of aldermen shall, as soon as conveniently may be, examine the copies of records of the several wards, certified as aforesaid, and shall cause the person who may have been elected mayor, to be notified, in writing, of his election; but if it shall appear that no person In case of no has received a majority of all the votes, or if the person elected shall refuse to accept the office, the board shall issue their warrants for a new election, and the same proceedings shall be had as are herein before provided for the choice of mayor, and repeated from time to time until a mayor shall be chosen. choice. cease, resigna mayor. In case of the decease, resignation, or absence, of the In case of demayor, or his inability to perform the duties of his office, it tion, absence or shall be the duty of the board of aldermen and the common inability of council, in convention, to elect a mayor to serve during the unexpired term, or until the occasion causing the vacancy be removed. And if it shall appear that the number of Non-election of aldermen have not been elected, the same proceedings shall cations, &c. be had as are herein before provided for the choice of mayor. Each alderman shall be notified, in writing, of his election, by the mayor and aldermen for the time being. aldermen, notifi The oath prescribed by this act shall be administered to Oath to mayor. the mayor by the city clerk, or any justice of the peace for the county of Essex. men, &c., when The aldermen and common councilmen elect shall, on the oath to alderfirst Monday in January, at ten o'clock in the forenoon, meet and how adminin convention, when the oath required by this act shall be istered. administered to the members of the two boards present, by the mayor or by any justice of the peace for the county of Essex; and a certificate of such oath having been taken shall be entered on a journal of the mayor and aldermen, and of the common council, by their respective clerks. And whenever it shall appear that no mayor has been In case of nonelected, previously to the said first Monday of January, the election of mayor. mayor and aldermen for the time being shall make a record of that fact, an attested copy of which the city clerk shall read at the opening of the convention to be held as aforesaid. After the oath has been administered as aforesaid, the two After oath, orboards shall separate, and the common council shall be common council. ganization of |