received and and paid over, within the county of Hampden, except by the standing justice or one of the special justices of said court, for any crime or offence committed within said city of Springfield. SECTION 24. All fines and forfeitures, and all fees in Fines, &c., how criminal cases, now allowed by law to justices of the peace, pe which shall be received by, or paid into the hands of, the justice of said court, shall be by him accounted for and paid over to the treasurer of said city; and all other costs Other costs, how in criminal prosecutions, which shall be paid to the justice accounted for of said court, shall be by him accounted for and paid over &c. to the same persons, in the same manner, and under the same penalties for neglect, as are by law prescribed in the case of justices of the peace; and all costs in such prosecutions, not thus received, shall be made up, taxed, certified, and allowed, and shall be paid and satisfied, in like manner as is provided by law in cases of justices of the peace; and in all cases where fines, forfeitures, and costs, are not paid to the justice of said court, but are by him taxed and certified, and are allowed, in the manner now prescribed by law, and such fines and costs are subsequently paid to the treasurer of the county of Hampden, the justice's fees so taxed and paid shall acerue to the county aforesaid; and in all cases, where said justice's fees are so taxed and certified by the justice of said court, and are allowed, but are not subsequently paid to the treasurer of said county, the said county of Hampden shall be discharged from all obligation to pay said magistrate's fees to any persons whatsoever. SECTION 25. A court shall be held by said justice, at Time and place of some suitable and convenient place to be provided at the holding court. expense of said city, on two several days of each week, at nine of the clock in the forenoon, and as much oftener as may be necessary, to take cognizance of crimes, offences, and Purpose. misdemeanors, and on one day in each fortnight, at ten of the clock in the forenoon, and may be adjourned from day to day, by the justice thereof, and at such other times as may be necessary, for the trial of civil suits and actions; and the justice of said court shall, from time to time, establish all necessary rules for the orderly and uniform con- establish rules, ducting of the business thereof. Complaints may be received and warrants issued by him at all reasonable times when said court is not in session. Justice may &c. SECTION 26. The justice of said court shall receive from Salary, $700, and the treasury of said city, an annual salary of seven hundred fees. dollars, in quarterly payments; and shall be allowed, as a compensation for his services in the trial and determination of civil suits, cognizable by said court under this act, to tax, receive, and retain, the same fees now allowed by law to justices of the peace in civil cases. Records, returns, and accounts provided for. Pending actions. Special justices. SECTION 27. The justice of said court shall keep a fair record of all proceedings in said court, and shall make return to the several courts of all legal processes, and of his doings therein, in the same manner as justices of the peace are now by law required to do; and he shall also, annually, in the month of January, exhibit to the mayor and aldermen of said city, a true and faithful account of all moneys received by him. SECTION 28. All suits, actions, and prosecutions, which shall be instituted and pending before any justice of the peace within the town of Springfield, when this act shall take effect, shall be heard and determined as though this act had not been passed. SECTION 29. There shall be appointed by the governor, by and with the advice and consent of the council, two special justices of said court; and whenever it shall happen that the standing justice of said court shall be interested in any suit or prosecution cognizable in said court, or shall, from any cause, be unable to hold said court, or discharge any of the duties required of him by this act, the said special justices shall have power to issue the processes of said court, and to hear and determine any matter or cause pending therein, the said cause being assigned on the record by the standing or special justice; and such special justice Amended, 1856, shall be paid, for services so rendered, by the standing justice, out of his salary, such sums as justices of the peace are paid for like services. Duties, powers, &c. of, How paid. 158. Governor may tices at any time, SECTION 30. The governor shall have power, by and with appoint said jus- the advice and consent of the council, to appoint said justice and special justices, at any time after the passing of this act. &c. Duties of the selectmen in organizing the Shall issue warrants, &c. SECTION 31. For the purpose of organizing the system of government hereby established, and putting the same into city government. operation in the first instance, the selectmen of the town of Springfield, during the months of April or May of the present year, shall, seven days before the day of meeting, issue their warrants for calling meetings of the citizens in their several wards, at such place and hour as they may deem expedient, for the purpose of choosing a warden, clerk, and inspectors of each ward, and all other officers whose election is provided for in the preceding sections of this act; and they shall appoint a clerk pro tempore of each ward, who shall call the meeting to order and preside until a warden is chosen. The transcripts of the records of each ward, specifying the votes given for the several officers, certified by the warden and clerk, and by a majority of the inspectors of such ward, at such first meeting, shall be returned to the selectmen, who shall examine and compare the Appoint ward clerks pro tem. Returns, how made, &c. sons elected. same; and in case such elections should not be completed at the first meeting, they shall issue warrants for a new meeting until said elections shall be completed. They shall notify pershall give notice of such elections, in the manner herein before directed, to the several persons elected. At said first meeting, a list of voters in each ward, prepared and corrected by the selectmen for the time being, shall be delivered to the clerk pro tempore of each ward, to be used as before directed. The selectmen shall appoint such time for First meeting of the first meeting of the city council, as they judge proper, city council. after the choice of said city officers, or of a majority of the members of both branches of the city council, not later than the first Monday in June next, and shall appoint the place and hour of said first meeting. A written notice How notified. thereof, shall be sent, by the selectmen, to the place of abode of each of the city officers so chosen; and notice of the day, hour, and place of said meeting shall be published in one or more newspapers printed in said town. when held. After the first organization of the city council, the meet- Annual elections, ings for the annual elections and for the organization of the city council, shall be as provided in the sixth section of this act. elect all neces The city council, immediately after the first organization, City council shall shall elect all necessary city officers, who shall hold their sary officers, &c. offices respectively until others are chosen and qualified. how chosen, &c. At the meetings to be called, as prescribed in this section, County officers, for the choice of ward and city officers, the qualified voters shall also give in their votes for county officers, which votes shall be recorded, certified, and returned, in the manner provided in the seventeenth section of this act. meetings sus hold over. the charter is not SECTION 32. The annual town meeting for the town of Annual town Springfield, which by law is to be holden in March or pended. April, is hereby suspended, and all town officers now in Present officers office shall hold their places until this act shall take effect and their successors are chosen and qualified. And in case Provision in case this charter shall not be accepted as hereinafter provided, accepted. the selectmen shall issue their warrant, according to law, for holding the annual town meeting of the inhabitants, in which all the proceedings shall be the same as if this act had not been passed. property deliv SECTION 33. All officers of the town of Springfield having Town papers and the care and custody of any of the records, papers, or prop- ered over, &c. erty, belonging to the town, shall deliver the same to the city clerk within one week after his entering upon the duties of his office. SECTION 34. All acts and parts of acts, inconsistent with Acts repealed. the provisions of this act, are hereby repealed. Legislature may amend. Act void unless adopted within SECTION 35. Nothing in this act contained shall be so construed as to prevent the legislature from altering or amending the same when they shall deem it expedient. SECTION 36. This act shall be void, unless the inhabitants twenty days, &c. of the town of Springfield, at a legal town meeting called for the purpose, shall, by a vote of a majority of the voters present, and voting thereon, by a written ballot, determine to adopt the same within twenty days from and after its passage; at which meeting the polls shall be kept open not less than six hours; and the presiding officer, in receiving said ballots, shall use the check-lists in the same manner as they are used in elections of state officers. Takes effect. Chap. 95. In Newburyport. SECTION 37. This act shall go into operation from and after its passage. [1853, 175; 1856, 158; 1857, 26.] April 12, 1852. AN ACT to authorize Warren Dockam and others to build a Wharf. Be it enacted, &c., as follows: Warren Dockam and others, proprietors of land and flats in Newburyport, bounded southerly by Merrimack Street, westerly by land of E. M. Reed and Benjamin Choate, and Location of wharf easterly by land and flats of Michael Pearson, are hereby May receive wharfage, &c. Proviso. Proviso. authorized to build and maintain a wharf from their said [1817, 124.] Chap. 96. AN ACT to amend the Charter of the Howard Benevolent Society, in the City of Boston. Trustees invested with certain pow Be it enacted, &c., as follows: SECTION 1. The act passed on the sixteenth day of Febers and privileges ruary, in the year one thousand eight hundred and eighteen, entitled an act to incorporate the Howard Benevolent Society, is hereby so far amended as to invest the said corporation with all the powers and privileges, and subject them to all the duties, liabilities, and restrictions, set forth in the Real and person- forty-fourth chapter of the Revised Statutes; with power for the purposes of said corporation, to take and hold real and al estate. personal property, the entire annual income of which shall not exceed twelve thousand dollars. ions repealed. SECTION 2. All the provisions of the act to which this is Previous provisan amendment, inconsistent with this act, are hereby repealed, and all the doings under the former act are hereby confirmed. accepted. SECTION 3. This act shall take effect from and after the Takes effect when same shall have been accepted by said corporation at a meeting to be called for that purpose. April 12, 1852. Chap. 97. AN ACT to authorize Josiah Hardy, Jr., to build a Wharf. receive Be it enacted, &c., as follows: Josiah Hardy, Jr., is hereby authorized to build and In Chatham. maintain a wharf, from land owned by him, in the town of Chatham, in the county of Barnstable, extending from the shore into Chatham Harbor, to a distance at which there shall be six feet of water at low tide; and he shall have the May right to lay vessels at the end and sides of the said wharf, and to receive wharfage and dockage therefor: provided, Proviso. that the same shall not obstruct the safe anchorage of vessels in the harbor; and shall not interfere with the legal rights of any person. wharfage, &c. April 13, 1852. Chap. 98. AN ACT to incorporate the Hampden Savings Bank. Be it enacted, &c., as follows: Albert Morgan, Chester W. Chapin, Samuel S. Day, their Corporators. associates and successors, are hereby made a corporation by the name of the Hampden Savings Bank, to be established In Springfield. in the town of Springfield, and located within twenty-five rods of the present passenger depot of the Western Railroad ties. in that town, with all the powers and privileges, and subject Powers and duto all the duties, liabilities, and restrictions, set forth in the thirty-sixth chapter of the Revised Statutes, and in all other laws of this Commonwealth relating to institutions for savings. April 13, 1852. Chap. 99. AN ACT to authorize John P. Ober to extend his Wharf. Be it enacted, &c., as follows: John P. Ober, of Boston, is hereby authorized to extend his In Chelsea . wharf in the town of Chelsea, to the line established by "An Act to preserve that part of the harbor of Boston, called Chelsea Creek, and to prevent encroachments therein," passed in the year one thousand eight hundred and fortynine, and he shall have the right to lay vessels at the end May receive dockand sides of said wharf, and receive wharfage and dockage therefor provided, however, that this grant shall not be Proviso. construed to extend to any flats or land of this Commonwealth, lying in front of the flats of any other person, or age, &c. |