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al estate.

fourth chapter of the Revised Statutes, with power to hold Real and personreal estate not exceeding in value forty thousand dollars, and personal estate to the amount of ten thousand dollars, to be devoted exclusively to the purposes of education.

[1848, 296, 297; 1849, 83; 1852, 260.]

April 14, 1853.

Chap. 151

AN ACT concerning the Union Railroad Company.

Be it enacted, &c., as follows:

streets of Cam

termined.

SECTION 1. The city council of the city of Cambridge, Crossing the and the selectmen of the town of Somerville, shall have full bridge and Sompower to determine in what manner said railroad shall be erville, how deconstructed across the streets within said city of Cambridge and town of Somerville, whether at grade, or otherwise, and what securities shall be provided and maintained by said corporation at such crossings.

Grand Junction

SECTION 2. The Union Railroad Company are hereby May enter upon authorized to enter upon and unite their railroad with the Railroad and may Grand Junction Railroad, and may at any time lease their lease, &c. road, or transfer their property and franchises to the Grand Junction Railroad and Depot Company, and the Grand Junction Railroad and Depot Company may build and maintain said Union Railroad.

act repealed.

SECTION 3. So much of an act of this Commonwealth, Part of former entitled "An Act to incorporate the Union Railroad Company," passed May tenth, eighteen hundred and forty-eight, as is inconsistent with the provisions of this act, is hereby repealed.

SECTION 4. This act shall take effect from and after its passage. April 14, 1853.

[1854, 37.]

AN ACT to authorize Richard Pickett and John Pickett to build a Wharf. Chap. 152 Be it enacted, &c., as follows:

erly.

Richard Pickett and John Pickett are hereby authorized Wharf in Bevto build and maintain a wharf from their own land adjoining the harbor of Beverly, and extend the same, south one degree west, three hundred and thirty feet from the stone breast work at the south side of Water Street, in said Beverly; the extension below low-water mark to be built on piles; and they shall have the right to lay vessels at the end and sides of said wharf, and to receive dockage and wharf- May receive age therefor provided, this grant shall not in any manner interfere with the legal rights of any person. April 14, 1853.

wharfage, &c. Proviso.

AN ACT regulating the Storage, Safe-keeping, and Sale, of Fire-works in Chap. 154 the City of Boston.

Be it enacted, &c., as follows:

SECTION 1. It shall not be lawful for any person or per- Chief engineer sons to keep or sell any fire-works within the city of Boston,

may license to

sell fire-works, &c.

Proviso.

Licenses to expire on the first of May, annually.

Penalty for selling without license.

Chap. 155

Time of electing mayor and other

in any quantity, without first having obtained from the chief engineer of the fire department of said city a license therefor, signed by the chief engineer or by the secretary of the board of engineers, on which shall be written or printed a copy of the rules and regulations by them established, relative to the keeping, selling, or storage, of fire-works within said city; and every such license shall be in force until the first day of May next ensuing the date thereof, unless sooner annulled by the board of engineers, and no longer; but such license may, prior to the expiration of that term, be renewed by the chief engineer or the said secretary, from year to year, by indorsement thereon: provided, always, that the board of engineers may rescind any such license, if in their opinion the person or persons have disobeyed the law, or infringed on any rules or regulations established by the board of engineers; and every person who receives a license to sell fire-works, as aforesaid, shall pay for the same the sum of one dollar, and the same sum for the renewal thereof; and all such licenses shall expire on the first day of May, annually, and all moneys received for licenses shall be paid to the board of engineers, for the purpose of defraying the expenses of carrying this act into execution.

SECTION 2. Any person or persons who have for sale or keep in possession any fire-works within the city of Boston, contrary to the rules and regulations established by the board of engineers herein mentioned, or who shall sell any fire-works in said city without first having obtained from the said chief engineer, or his secretary, a license as aforesaid, shall forfeit a sum not less than fifteen nor more than fifty dollars for each offence.

SECTION 3. This act shall take effect from and after its passage. April 14, 1853.

[1846, 109; 1851, 99.]

AN ACT in addition to an Act to establish the City of Cambridge. Be it enacted, &c., as follows:

SECTION 1. The election of mayor, aldermen, and comofficers changed. mon councilmen, and such other officers of the city of Cambridge as are now by law to be chosen on the first Monday in March, annually, shall in future be made on the first Monday in December, annually; and the said officers, so chosen, shall hold their respective offices for the same term of time, and the same proceedings shall be had in relation to such elections as are provided in the act, entitled "An Act to establish the City of Cambridge," to which this is in addition: provided, nevertheless, that the next choice of the said city officers, after the acceptance of this act by the inhabitants of the said city of Cambridge, as hereinafter

Proviso.

provided, shall be made at such time, and in such manner, as are prescribed in the act aforesaid; and the officers so elected shall severally hold their offices until the first Monday of January next succeeding such election, any thing in this act to the contrary notwithstanding.

elect clerk, &c.,

in January.

SECTION 2. The election of a city clerk, a city treasurer, City council to and a collector of taxes, who are now by law to be chosen, and fill vacancies and all vacancies which are now by law required to be filled, by the city council, in the month of April, annually, shall in future be respectively made and filled by the city council in the month of January, annually, in like form and manner, and for the same term of service, as are prescribed in the act to which this act is in addition: provided, nevertheless, Proviso. that the next choice of such officers and the next vacancies occurring, after the acceptance of this act by the inhabitants aforesaid, as hereinafter provided, shall be made and filled at such time, and in such manner, as are prescribed in the act aforesaid, to which this is in addition; and the officers so elected shall severally hold their offices until the first Monday in January next succeeding such election, any thing in this act to the contrary notwithstanding.

ties of officers.

SECTION 3. The officers chosen by virtue of this act, shall Powers and duenter upon the duties of their respective offices on the first Monday in January in each year, and shall be liable to all the duties and restrictions, and shall exercise all the powers to which the said officers are respectively subject or entitled by virtue of the act to which this is in addition, and of all other acts having relation to this subject matter. SECTION 4. The boundaries of the several wards, and Boundaries of the number of members of the common council which each ward shall be entitled to elect, shall continue to be the same as at present established, until the month of October, in the year one thousand eight hundred and fifty-six; at which time, and once in every five years thereafter, the city council shall revise the same, and make such alterations therein, in like form and manner as are prescribed in the act to which this is in addition.

wards.

establish a fire

SECTION 5. The city council of the city of Cambridge City council may may establish a fire department for the said city, to consist of department. so many engineers and other officers, and so many enginemen and other members, as the city council, by ordinance, shall from time to time prescribe; and the said city council shall have authority to make such provisions in regard to the time and mode of appointment, and the occasion and mode of removal, of either such officers or members, and to make such requisitions in regard to their conduct and government, and to the management and conduct of fires and persons attending at fires, subject to.the penalties provided

Former acts to continue in force.

City council to lay out streets.

for the breach of the city by-laws, as they shall deem expedient: provided, that the appointment of engine-men, hosemen, and hook-and-ladder-men, shall be made by the mayor and aldermen exclusively.

SECTION 6. An act establishing a fire department in the town of Cambridge, passed March seventeenth, in the year one thousand eight hundred and thirty-two, and an 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 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.

SECTION 7. The city council shall have exclusive power and authority to lay out new streets or ways within the 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 Persons dissatis- aldermen. Any person dissatisfied with the decision of the city council in the estimate of damages, may, within six months thereafter, make a complaint to the county commissioners, 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 complaint, &c.

Vacancies, how filled.

Officers account

money.

SECTION 8. If a vacancy shall exist in any of the boards of assessors, assistant-assessors, overseers of the poor, or school committee, 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 nothing herein contained shall be construed to prevent the operation of the act passed on the twenty-sixth day of April, in the year one thousand eight hundred and forty-nine, being chapter one hundred and forty-four of the acts of said year, 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. All boards and officers acting under the act able for public of incorporation of the city of Cambridge, and entrusted with the expenditure of public money, shall be accountable therefor to the city council in such manner as they may direct.

Contracts not to

exceed appropriations.

SECTION 10. No board or committee of the city council, or of either branch thereof, shall make any contracts on

behalf of or binding upon the said city, the amount of which contracts shall exceed the specific appropriations of the city council previously made therefor.

SECTION 11. All acts and parts of acts inconsistent with Inconsistent acts the provisions of this act are hereby repealed.

repealed.

SECTION 12. This act shall be void, unless the inhabitants Act to be void, of the said city of Cambridge, at a legal meeting called for unless, &c. that purpose, shall, by a majority of the voters present and voting thereon, by ballot, determine to adopt the same.

[1856, 112; 1857, 75.]

April 14, 1853.

Chap. 157

AN ACT to incorporate the Westfield Savings Bank.

Be it enacted, &c., as follows:

Silas Root, Samuel Horton, Frederick Bush, their asso- Corporators. ciates and successors, are hereby made a corporation, by the Name. name of the Westfield Savings Bank, to be established in

the town of Westfield, with all the powers and privileges, Powers and duand subject to all the duties, liabilities, and restrictions, set ties. forth in the thirty-sixth chapter of the Revised Statutes, and in all other laws of this Commonwealth relating to institutions for savings.

April 16, 1853.

Chap. 158

AN ACT to incorporate the Eagle Cotton Gin Company.

Be it enacted, &c., as follows:

SECTION 1. Henry Perkins, Philo Keith, and Asa P. Corporators. Keith, their associates and successors, are hereby made a corporation, by the name of the Eagle Cotton Gin Company, Name. for the purpose of manufacturing cotton gins, and other Purpose. machinery, in the town of Bridgewater, in the county of

ties.

Plymouth, with all the powers and privileges, and subject Powers and duto all the duties, restrictions, and liabilities, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes.

al estate.

SECTION 2. The said corporation may hold real and Real and personpersonal estate for the purposes aforesaid, not exceeding in amount two hundred thousand dollars.

issued under par.

SECTION 3. No shares in the capital stock of said corpo- No shares to be ration shall be issued for a less sum or amount to be actually paid in on each, than the par value of the shares which shall be first issued.

SECTION 4. This act shall take effect from and after its passage. April 16, 1853.

AN ACT to authorize John Smith and Warren Smith to build a Wharf.
Be it enacted, &c., as follows:

Chap. 159

John Smith and Warren Smith are hereby authorized wharf in Provto build a wharf from their land adjoining the harbor of incetown.

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