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Annually after one, to be chosen for

three years.

Act to be

accepted, else

void.

SECT. 3.

After such election shall have been held, there shall be elected annually one person from each ward, to serve as a member of the school committee for the term of three

years.

SECT. 4. This Act shall not take effect until accepted by the voters of said city, at a meeting duly held for said purpose. (Approved March 16, 1867.)

Accepted November 5, 1867 (City Records, Vol. M, Page 414).

Cambridge may issue

to extend

AN ACT in addition to an Act to supply the city of Cambridge with pure water.

Be it enacted, etc., as follows :—

SECTION 1. For the purpose of extending and enlarging scrip or bonds the Cambridge Water Works, the city council of the city of water works. Cambridge shall have authority to issue scrip or bonds, in addition to the scrip or bonds, the issue of which was authorized by chapter one hundred and fifty-three, of the Acts of eighteen hundred and sixty-five, to an amount not exceeding five hundred thousand dollars, bearing interest not exceeding interest, when six per centum per annum, payable semi-annually, and the principal to be payable at periods not more than fifty years from the issuing of said scrip or bonds; and said city council shall have authority to sell said scrip or bonds, or any part thereof, from time to time, or pledge the same for money borrowed for the extension of said water works, on such terms and conditions as the said city council shall judge proper.

Principal and to be paid.

SECT. 2. This Act shall take effect upon its passage. (Approved Feb. 17, 1868.)

To be laid out

upon

acceptance of

report of

AN ACT concerning the Cambridge and Brookline Bridge.

Be it enacted, etc., as follows:

SECTION 1. The structure known as the Cambridge and as a highway Brookline Bridge, authorized by chapter two hundred and thirty-one, of the Acts of the year eighteen hundred and fifty, commissioners is hereby laid out as, and shall become a public highway upon the acceptance of the report of the commissioners appointed by the supreme judicial court, as provided in this Act, and judgment thereon: and no tolls shall be demanded or received for passing thereon on and after that date.

S. J. C. to appoint three commission

ers.

SECT. 2. The supreme judicial court in term time, or any justice thereof in vacation, shall, upon the application of any person interested, and in either of the counties of Suffolk,

Norfolk, or Middlesex, and after notice to the town of Brookline, to the city of Cambridge, and to said counties, appoint a board of three commissioners. It shall be the duty of said commissioners, after having been sworn to the faithful and impartial performance thereof, and after such reasonable notice as they shall prescribe, and fully hearing the parties, to assess the amount to be paid as damages to any Damages to be person or corporation, if any, by reason of the laying out of assessed. said highway.

Damages to be

commissioners

SECT. 3. The damages adjudged to such persons or corpo- paid to and by rations in pursuance of this Act, and the expense of executing such parties as this Act shall be paid to the parties entitled thereto, by the decide. said counties, or by such of them, or by such cities or towns therein, as the said commissioners shall determine, taking into view the uses made of said bridge and the condition thereof.

maintenance

apportioned

counties,

towns.

SECT. 4. The said commissioners are hereby further em- Expense of powered to make such orders, directions, and provisions as to to be them shall seem expedient for the future maintenance and among rebuilding of said bridge, and for operating the draw therein, cities, and and to order that the expense thereof shall be paid and borne by said counties, cities and towns, any or all of them, as to the said commissioners, shall deem expedient and just, taking in view the uses made of said bridge and the condition thereof.

ers to report to

SECT. 5. The said commissioners shall make report in writ- Commissioning to the supreme judicial court within and for the county s. J. C. in which their appointment is made, of their doings and adjudications hereunder, and upon the same being accepted by said court, shall be final and binding upon all parties. Upon the acceptance of their report, they shall file copies thereof with the clerks of the county commissioners for the said counties, including the city clerk of the city of Boston, whose duty it shall be to record the same as a final adjudication under this Act, and thereupon the same shall stand, be acted upon and carried into effect in like manner as an adjudication of the respective county commissioners; provided, however, that as regards the amount of damages awarded to any person or corporation, he or they shall have a right of appeal to a jury in the same manner as is provided by law in the laying out of highways, except that the right shall be claimed in the supreme judicial court, and the recognizance for costs shall be taken in said court, and the warrant for the jury shall issue from said court, and the report and the verdict shall be returned therein; and said right of appeal to a jury shall be claimed within thirty days from the return of said award and report of said commissioners; and all matters and things provided in this Act, to be done by or in the supreme judicial court, may be done by any justice of said

Right of appeal question of

to a jury upon

damages.

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court or his order, as well in vacation as in term time. The damages and costs upon such appeal, and also the expense of executing this Act (to be taxed by said commissioners, subject to the approval of said court), shall be paid by the same counties, cities, and towns, and in the same proportion as was prescribed by the commissioners, in pursuance of section three of this Act.

SECT. 6. This Act shall take effect upon its passage. (Approved April 13, 1869.)

Draw bridges over Charles and Miller's

rivers to be widened by Cambridge and

Charlestown.

Charlestown to contribute towards cost of draw in Prison Point Bridge.

AN ACT to provide for the widening of the draws in certain bridges on Charles and Miller's Rivers by the cities of Cambridge and Charlestown.

Be it enacted, etc., as follows:

SECTION 1. The city of Cambridge is hereby authorized and required forthwith to cause to be made, at the expense of said city, in lieu of the existing draws in the West Boston bridge and the Canal or Craigie Bridge over Charles River, and the Prison Point bridge over Miller's River, a draw in each of said bridges, with a clear passageway of forty-four feet in width, in such position and of such form and construction, and with such changes in the draw piers and bridges connected with said draws, as may become necessary or advisable in removing old and in building and maintaining new draws, as the harbor commissioners may determine; and all duties and liabilities now imposed by law upon said city of Cambridge, with respect to existing draws in said bridges, shall be held to apply to such newly constructed draws.

SECT. 2. The city of Charlestown shall contribute to the cost of building and maintaining the draw in Prison Point bridge in such proportion as they are now required by law to contribute toward the repair of the present draw.

SECT. 3. This Act shall take effect upon its passage. (Approved May 26, 1869.)

Mayor to be chairman of school

committee and

overseers of

poor.

AN Act in further addition to an Act to establish the city of Cambridge.

Be it enacted, etc., as follows:

SECTION 1. The mayor of the city of Cambridge shall be ex-officio chairman of the school committee, and of the board of the overseers of the poor. but shall have a casting vote only.

be returned

objections.

be recorded.

SECT. 2. Every ordinance, order, resolution, or vote, to Ordinance, etc., if not which the concurrence of the board of aldermen and of the approved, to common council may be necessary (except on a question of with his convention of the two branches), and every order of either branch involving the expenditure of money, shall be presented to the mayor. If he approve thereof he shall signify his approbation by signing the same; but if not, he shall return the same, with his objections, to the branch in which it originated, which shall enter the objections of the mayor at Objections to length on its records, and proceed to reconsider said ordinance, order, resolution, or vote; and if, after such reconsideration, two thirds of the board of aldermen or common council, notwithstanding such objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the city council (if it originally required concurrent action), where it shall also be reconsidered, and if approved by two thirds of the members present, it shall be in force; but, in all cases, the vote shall be determined by yeas and nays, and if such ordinance, order, resolution, or vote shall not be returned within ten days after it shall have been presented, the same shall be in force. But the veto power of the mayor shall Veto power not extend to the election of officers required by any law or to election of ordinance to be chosen by the city council in convention, or by concurrent action, unless expressly so provided therein.

not to extend

officers.

SECT. 3. All Acts or parts of Acts inconsistent with the Acts repealed. provisions of this Act are hereby repealed.

SECT. 4. This Act shall be void unless the inhabitants of To be void, unless adopted the city of Cambridge, at a legal meeting called for that by city. purpose, shall, by a majority of the voters present and voting thereon by ballot, determine to adopt the same within six months after its passage. (Approved May 28, 1869.)

Accepted November 2, 1869 (City Records, Vol. N, Page 341).

AN ACT for the abatement of nuisance in the city of Cambridge
and for the preservation of the public health in said city.

Be it enacted, etc., as follows :—
SECTION 1.
The mayor and aldermen of the city of Cam-
bridge may order the owners of the land in said city, or any
of them, situated and lying within the district which is
bounded on the northeast by Broadway, on the south by
Main Street, and on the west by Moore and Gilpin Streets, to
raise the grade of said land, filling up the same with good
material to a grade not less than twelve feet above mean low
water, with reference to a complete drainage thereof, and to
the abatement of the present nuisance and to preserve the
health of the city.

Owners of certain lands in Cambridge

in Cam ordered to

raise grades.

Order to be made in writing and served upon

owners.

If owner fails to comply, mayor and

aldermen may

be lien upon land, and

amount

collected like

taxes.

SECT. 2. Such order shall be made in writing and served upon said owners or their authorized agents in the manner pescribed in section nine of chapter twenty-six of the General Statutes for the service of orders made by boards of health for the abatement of nuisances.

SECT. 3. If the owner of any such land fails to comply with such order within three months after the service of raise the grade said notice, the mayor and aldermen of said city may raise and expense to the grade thereof, filling up the same with good materials to a height not more than twelve feet above mean low water, and all necessary expenses incurred thereby shall constitute a lien upon said land, and may be collected in the manner now provided for the collection of taxes upon real estate; and at any sale of said lands taken for non-payment of said expenses the city collector shall have the same right to purchase said land in behalf of the city of Cambridge as the city collector now has by law in the case of land sold for taxes.

Person

dissatisfied

with

assessment

may apply to county

within six months.

Commissioners to order jury.

SECT. 4. Any person entitled to any estate in any part of the land, the grade of which shall be so raised by the said mayor and aldermen, who shall be dissatisfied with the commissioners assessment of the expense of raising the grade of his land, may, within six months after receiving notice of said assessment, make a complaint to the county commissioners in the county of Middlesex. Said commissioners shall thereupon order a jury, who shall have power to revise said assessment in the same manner as is provided in chapter forty-three of the General Statutes in cases where persons are aggrieved by the assessment of damages by selectmen. If the assessment is reduced the charges arising on said complaint shall be paid by the city of Cambridge, otherwise the same shall be paid by the complainant.

Costs.

Persons dissatisfied may notify city thereof within sixty days.

SECT. 5. Instead of making a complaint to the county commissioners, as provided in the preceding section, any person dissatisfied with the assessment of the expense of raising the grade of his land, may give notice thereof to said mayor and aldermen within sixty days after he shall receive notice of said assessment, and the city of Cambridge shall thereupon take said land, and shall, within sixty days thereafter, file in the office of the registry of deeds for the southern district of the county of Middlesex a description of the land so taken as certain as is required in a common conveyance of lands, together with a statement that the same is taken pursuant to the provisions of this Act, which said description and statement shall be signed by the mayor, and the title to lands so taken shall vest in the city of Cambridge; and if any party whose land is so taken shall agree with the said city parties agree. upon the damage done to him by the said taking, making due allowance for the improvement by raising the grade of said land, the same shall be paid to him by the said city forthwith.

City to take property and pay damages to owner forthwith, if

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