subject to the provisions of sections one hundred sixty-five, one hundred sixty-six, and one hundred sixty-seven, of chapter three hundred and seventy-two of the acts of the year eighteen hundred and seventyfour; and all the other provisions of said chapter applicable to freight railways and regulating rates of freight and freight accommodations for the public shall be applicable to the Union Freight Railway Company. The cars on said road may be drawn by steam power, subject to the approval of the board of aldermen.

mercial Freight

SECT. 3. Nothing in this act contained shall be construed as Rights of Comaffecting the legal rights of the Commercial Freight and Marginal and Marginal Freight Railway Companies.

Freight Rail

ways not af

SECT. 4. The second section of chapter three hundred and forty- fected. two of the acts of the year eighteen hundred and seventy-two is Repeal. hereby repealed; and the third section of said chapter is amended by striking out the word "five" and inserting instead thereof the words three and a half."

SECT. 5. This act shall take effect upon its passage.

AN ACT RELATING TO THE DIVISION OF WARD TWENTY-TWO OF THE CITY
OF BOSTON, INTO TWO WARDS.

Be it enacted, etc.:

two in Boston to

two wards.

SECTION 1. The city council of the city of Boston shall imme- Ward twenty diately, upon the passage of this act, proceed to divide the ward now be divided into numbered twenty-two in said city, into two wards, to be known as ward twenty-two and ward twenty-five, and to prescribe a place in each ward in which elections shall be held.

cilmen.

SECT. 2. Upon such division the tenure of office of the ward offi- Ward officers to be appointed. cers in ward twenty-two, as at present existing, shall expire, and the mayor and aldermen shall appoint, from the legal voters of each ward, ward officers to hold their several offices until the first Monday of January next succeeding such division; and such offices, for the year thereafter ensuing, and every succeeding year, shall be filled in the manner provided by law with respect to ward officers in the city of Boston. SECT. 3. At the municipal election next succeeding such division Common counthe qualified voters of said new ward twenty-two shall carry in their votes for two able and discreet men, qualified voters and inhabitants in said ward, to be members of the common council for the ensuing year, and at said election the qualified voters of said new ward twenty-five shall carry in their votes for one able and discreet man, a qualified voter and inhabitant in said ward, to be a member of the council for the ensuing year. At the municipal election next succeeding, said new ward twenty-two shall be entitled to elect one, and said new ward twenty-five two, members in the manner aforesaid and qualified as aforesaid, and said wards shall thereafter alternately elect one and two members of the common council as herein before set forth. Elections shall be conducted and records thereof kept in the manner provided in section two of chapter two hundred and forty-three of the acts of the year eighteen hundred and seventy-five: provided, that nothing contained in this act shall effect the tenure of office of the present members of the common council from ward twenty-two. SECT. 4. Ward twenty five shall constitute a part of the eighth Congressional congressional and eighth Suffolk senatorial districts. SECT. 5. This act shall take effect upon its passage.

[1875, 243.]

April 28, 1876.

and senatorial district.

Three inspectors of elections to be appointed for each ward.

AN ACT RELATING TO WARD OFFICERS IN THE CITY OF BOSTON.

Be it enacted, etc.:

SECTION 1. The mayor of the city of Boston shall, prior to the first day of November in the present year, with the approval of the board of aldermen of said city, appoint for each ward of said city, three inspectors of elections, who shall be qualified voters and inhabitants in such ward. One of said inspectors shall hold his office for one year, one for two years, and one for three years, from said first day of November; and in each year after the present, the said mayor shall, before the first day of November, and with the approval of said board, appoint for each ward one inspector of elections, who shall be a qualified voter and inhabitant in such ward, and shall hold office for three years from the first day of November then next succeeding. May be removed Any such inspector may be at any time removed from office by said mayor, with the approval of said board, and any vacancy occurring in the office of said inspectors shall be filled, for the residue of the term of the inspector whose place is to be filled, by appointment and approval as above provided.

at any time.

To be sworn.

Warden, clerk, etc., to be elected.

To be sworn.

In case of nonelection, new election to be held.

In case of ab. sence, officer

vote.

SECT. 2. Said inspectors of elections, before entering upon the duties of their office, shall take and subscribe an oath faithfully and impartially to discharge such duties; which oath may be administered by the city clerk, or by his assistant, or by any justice of the peace, and a record made thereof in the office of said city clerk.

SECT. 3. The qualified voters of each ward in said city, at the municipal election to be held in December next, and at each annual municipal election thereafter, shall choose by ballot one warden, one clerk, and three inspectors of elections, each of whom shall be a qualified voter and inhabitant in such ward, and shall hold his office for one year, and until another shall be chosen and qualified in his stead, unless he shall sooner vacate his office in the manner hereinafter set forth.

SECT. 4. The said wardens, clerks, and inspectors, shall respectively make oath faithfully and impartially to discharge their several duties, which oath may be administered by the clerk to the warden, and by the latter to the clerk and inspectors, or to any or all of said officers by the city clerk, or by his assistant, or by any justice of the peace; and a certificate thereof shall be entered in the record to be kept by the ward clerk.

SECT. 5. In case of the non-election of any of said officers, at the annual municipal election, the board of aldermen of said city may issue their warrant in due form for an election to be held at such time and place as said board may deem advisable.

SECT. 6. In case of the absence of any ward officer at any ward pro tem. may be meeting, such officer may be chosen pro tempore by hand vote, and shall elected by hand- have all the powers, and be subject to all the duties, of the regular officer, at such meeting. The person so elected, before entering upon the duties of his office, shall take the oath as hereinbefore provided. SECT. 7. The warden shall preside at all meetings of his ward, powers of mod. and shall have the powers of moderators of town meetings. In case

Warden to preside and have

erators.

Clerk to keep records, etc.

of his absence, the clerk, and in case of the absence of both warden and clerk, one of the elected inspectors, according to seniority in age, shall preside until a new warden has been chosen.

SECT. 8. It shall be the duty of the clerk to make and keep a fair and true record of all meetings, and at the expiration of his term of office to deliver such record, together with all other documents and papers held by him in his said capacity, to the city clerk, by whom such of them as need be shall be transmitted to the next ward clerk.

spectors to re

SECT. 9. It shall be the duty of the warden and inspectors to re- Warden and inceive, sort, and count, and of the warden to declare, all votes at any ceive, sort, and election within such ward; and the clerk may assist in assorting and count, votes. counting the votes.

make and sign

SECT. 10. It shall be the duty of all ward officers named in this Ward officers to act to attend and perform their respective duties at the times and returns. places appointed for elections of any officers, whether of the United States, state, city, or wards, or for the determination of any question submitted to the qualified voters by lawful authority; and to make and sign the returns of the same.

SECT. 11. The wardens, clerks, and inspectors of elections, shall Compensation. receive such compensation for each day's actual service as the city council of said city may from time to time determine, and shall be subject to the penalties to which such ward officers are subject under general laws.

SECT. 12. The registrars of voters of said city shall provide for Ballot-boxes to cach ward therein a sufficient number of suitable ballot-boxes. be provided by No registrars of ballots shall be received at any election, until the full number of ward voters. officers as herein before prescribed has been completed, nor unless the warden, clerk, and at least two of the appointed inspectors, and two of the elected inspectors, are present, nor until each of said ward officers who is present has ascertained by personal examination that the ballot-boxes are empty. While an election is going on, each ballot- Each box to be box shall be in immediate charge of two inspectors, one from the ap- inspectors. in charge of two pointed inspectors and one from the elected inspectors, during the whole time that ballots are received in that box.

elected in De

municipal elec

SECT. 13. The wardens and clerks who were elected in the several Ward officers wards at the municipal election held in December, eighteen hundred cember, 1875, to and seventy-five, shall hold their offices as such, and act at meetings serve at next which may be held in said wards prior to and including the next mu- tion. nicipal election; and such of the inspectors of elections in each ward as were elected at said municipal election, or so many of them as may be present, shall likewise hold their offices as such, and act at the meetings which may be held in said wards prior to and including the next municipal election, notwithstanding their number may exceed three; but if any vacancies occur in their number, such vacancies shall not be filled unless the same is required to complete the number of three elected inspectors, and said vacancies shall be filled in the manner provided in section six of this act.

SECT. 14. Sections seven, eight, nine, ten, eleven, twelve, thir- Repeal. teen, and fourteen, of chapter four hundred and forty-eight of the acts of the year eighteen hundred and fifty-four, and all other acts, and parts of acts, inconsistent with the provisions of this act, are hereby repealed.

April 28, 1876.

[1854, 448, §§ 7, 14; 1874, 60; 1878, 243; 1879, 163; 1880, 225; 1881, 221, 291.]

1877. — CHAPTER 5.

AN ACT TO AMEND SECTION ELEVEN OF CHAPTER ONE HUNDRED AND
SIXTY-SEVEN OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND
FORTY-SIX, RELATING TO SUPPLYING THE CITY OF BOSTON WITH
PURE WATER.

Be it enacted, etc.:

1846, 167, § 11.

SECTION 1. Section eleven of chapter one hundred and sixty-seven Amendment to of the acts of the year eighteen hundred and forty-six is hereby amended by striking out the words "mayor, treasurer, and auditor, of the city, or the major part of them for the time being," and inserting

instead thereof the words " board of commissioners on the sinkingfunds for the payment or redemption of the city debt, as constituted by ordinance of said city."

SECT. 2. This act shall take effect upon its passage.

[1846, 167.]

February 6, 1877.

Amendment to 1875, 202, § 1.

66

AN ACT TO AMEND AN ACT TO AUTHORIZE THE CITY OF BOSTON TO
CONSTRUCT A SEWER IN THE MYSTIC VALLEY."

Be it enacted, etc.:

SECTION 1. Section one of chapter two hundred and two of the acts of the year eighteen hundred and seventy-five is hereby amended by striking out the words " and on the easterly side of the ponds and streams which discharge into said Mystic pond." Section seven of said act is amended by striking out the words "to the northward and eastward of said system of sewers of the city of Boston, and." SECT. 2. This act shall take effect upon its passage.

School committee incorporated.

Real and personal estate.

Charlestown

school trust fund.

1873, 286, § 12.

1877. CHAPTER 53.

AN ACT TO INCORPORATE THE BOSTON SCHOOL COMMITTEE.

Be it enacted, etc.:

SECTION 1. The school committee of the city of Boston for the time being is hereby made a corporation by the name of The School Committee of the City of Boston, and said committee and its successors in office, elected according to law in said city, shall continue a body corporate, for the purposes hereinafter set forth, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, set forth in all general laws which now are, or may hereafter be, in force relating to such corporations.

SECT. 2. Said corporation shall have authority to receive and hold all sums of money, and real and personal estate not exceeding in the aggregate the value of two hundred thousand dollars, which money may be given, granted, bequeathed, or devised, to it for the benefit of the teachers in the public schools of the city of Boston, or their families, requiring charitable assistance, or for the benefit of any persons, or the families of any persons, who have formerly been such teachers, requiring charitable assistance. It shall have power to manage and dispose of the same according to its best discretion, and to execute any and all trusts according to the tenor thereof, which may be created for the purposes aforesaid.

SECT. 3. Said corporation shall likewise be entitled to receive from the members of the school committee within the present limits of that part of the city of Boston which was formerly the city of Charlestown, the fund known as the Charlestown school trust fund, and shall hereafter manage said fund and disburse the income thereof, within the limits of the former city of Charlestown, according to the tenor of the instruments creating said trust.

[1873, 286; 1875, 241.]

March 18, 1877.

AN ACT TO AMEND SECTION ONE OF CHAPTER TWO HUNDRED AND
THIRTY-FOUR OF THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND
ESTABLISHING REGULATIONS CONCERNING BOSTON

FORTY-SEVEN,

HARBOR.

Be it enacted, etc.:

SECTION 1. Section one of chapter two hundred and thirty-four of Amendment to 1847, 234. the acts of the year eighteen hundred and forty-seven, is hereby amended by striking out the words "easterly side of Tuttle's Wharf," and inserting instead thereof the words "Meridian Street Bridge." SECT. 2. This act shall take effect upon its passage.

AN ACT TO AUTHORIZE THE CITY OF NEWTON TO LAY AND MAINTAIN A
MAIN DRAIN IN BOSTON.

Be it enacted, etc.:

trict to Charles

SECTION 1. The city of Newton is hereby authorized, by its mayor City of Newton may lay sewer and aldermen, or by a board of three commissioners to be chosen by through its city council, to lay and construct a main drain or common sewer Brighton dison the southerly side of Charles river, through a portion of the river. Brighton district of the city of Boston to a point in the deep water of said river near the Faneuil station on the Boston and Albany railroad, and opposite the United States arsenal in Watertown, for the purpose of discharging the sewage of the city of Newton into said river; and such main drain, and the works hereinafter mentioned, shall be the property and under the exclusive control of the city of Newton, which shall keep and maintain the same in good order and condition.

SECT. 2. The city of Newton may also construct and maintain, at May maintain drainage works. or near the place of discharge of said sewer, such drainage works as it may deem necessary; but said sewer or works shall be so constructed as not to interfere with the navigation of said river or to create a public nuisance.

SECT. 3. The city of Newton may take such lands and buildings May take land as may be necessary to accomplish the purposes of this act, and all and buildings. damages sustained thereby shall be paid by the city of Newton, and the same may be ascertained and recovered in the manner now provided by law for the assessment of damages in the laying out of highways in the city of Boston.

under water

way.

SECT. 4. The city of Newton may construct such drain or sewer May construct over or under any water-course, highway, town way, railroad, or other sewer over or way, may change the course of any brook, may enter upon and dig course or townup the same for the purpose of constructing and maintaining such drain or sewer, and may do all such other acts as may be necessary to accomplish the work hereby authorized; but said city shall not unnecessarily interrupt public travel in the doing of said work, and the supreme judicial court in any county, or any justice thereof in Supreme court term time or vacation, upon complaint of the mayor or aldermen of method of perBoston, or of any corporation whose rights are invaded, may direct forming the the method of performing such work as may affect public travel, public rights, or public health, and enforce such directions and orders by injunction or other suitable process.

may direct

work.