the city government, operative and binding on said city, and on all parties whose property is affected thereby provided Council shall have that the Court of Common Council of said city shall have the

power to change

same.

power, at any time, to lay out and adopt streets in said city, and to change the lines of the streets as now projected and laid out on said map.

Board of street commissioners created.

How appointed.

SECTION 1. There shall be a board of street commissioners

P. A., 1869, p. 292. of the City of Hartford, consisting of six freeholders of said city who shall not be members of the Court of Common Council. At the first meeting of the Court of Common Council, held after the ratification of this act by said court as hereinafter provided, said Common Council by concurrent vote shall choose six persons, who shall constitute the board of street commissioners, and, in voting for such commissioners, each member of the council shall vote for three persons and no more, whose names shall all be written or printed upon one piece of paper; and the six persons who shall receive the highest number of votes shall be declared elected, whether they receive a majority of all the votes cast or not. The persons so elected shall hold their office, two for the term of one year, two for the term of two years, and two for the term of three years, from and after the second Monday of April, previous to the time when said board is so chosen, which term shall be decided by lot, to be drawn in the pres

Terms of office.

ence of the mayor of the city and the city clerk; and in drawing said lots, the persons so elected shall be divided into

determined.

chosen, and terms

of office.

Vacancies; how

two classes: the first class to consist of the three persons who Classes, and how receive the highest number of votes, and the second class of those who received the lowest number of votes, and were elected by said council. Each class shall draw by themselves, one person only in each class shall hold office for each of the terms above mentioned. At the annual city election Second board; how of said city, first held after the ratification and acceptance of this act by the Court of Common Council, as hereinafter provided, and at each annual city election thereafter, there shall be chosen by ballot from among the freeholders of said city two members of said board, who shall hold office for the term of three years from the second Monday of April of the year in which they are so elected, and until their respective successors shall be chosen and qualified, and in voting for such members of such board, each elector may vote for one person and no more; and the two persons having the highest number of votes shall be declared elected, and in case of vacancy filled. in said board by death, resignation, or otherwise, the members of the Court of Common Council of said city, elected to said court by the same political party which elected the member of said board whose place shall so become vacant, shall nominate some freeholder of said city as a member of said board for the unexpired term, to fill such vacancy; and the. person so nominated shall be appointed to fill such vacancy by the mayor of said city, and shall hold said office for said unexpired term. The members of said board may be paid Compensation of from the city treasury such sums as shall be fixed by the Court of Common Council. SEC. 2. Said board shall keep a record of all their acts and Record of proccedproceedings, and an account of expenditures and receipts, which shall be open to the inspection of any member of the Court of Common Council. Said board may, if they see fit, appoint a clerk to keep such record and accounts, and shall Clerk. appoint a superintendent of streets, to hold office during the Superintendent. pleasure of said board, and to act under the instructions thereof, in the immediate care and management of such

members; how

paid.

ings, etc.

Compensation of clerk and superin. tendent.

Powers of board.

Construction of highways, etc.

Repairs of highways, etc.

Obstructions and nuisances.

Street lamps.

Legal counsel.

Common Council shall pass no vote establishing street, sidewalk, or sewer, until after reference to board.

works as may be under the charge of said board; and said clerk and superintendent of streets shall receive such compensation for their services as the Court of Common Council may grant.

SEC. 3. Said board shall have power, and it shall be their duty, to cause to be executed all orders of the Court of Common Council, for the construction or alteration of highways, streets, sewers, gutters, sidewalks, and crosswalks, the exchange or sale of highways, the establishment of building lines, the erection of street lamps, the raising, filling up, or draining of low grounds, and all other orders of said court for the construction, alteration, or repair of other public works not expressly ordered to be executed or superintended by other officers or persons. Said board shall also cause the prompt completion of all necessary repairs of streets, highways, sewers, and public works within the limits of the streets, highways, and thoroughfares of the city, other than public buildings; shall keep all public places, streets, and highways, clear of obstructions and nuisances; shall cause the prompt removal of all filth, encroachments, incumbrances, and obstructions, and shall require all persons to conform to the city ordinances in the use of such streets, highways, and public places; shall superintend and provide for the lighting of the street lamps, and the repair of the same, and, in general, may do all acts necessary or proper in the execution of the powers and duties aforesaid.a Said board shall have power, in behalf of said city, to employ the city attorney to prosecute or defend any action at law or in equity, civil or criminal in its nature, whenever, in their judgment, it may be necessary in carrying out the powers and duties of their

office.

SEC. 4. The Court of Common Council shall pass no vote laying out, establishing, or ordering to be constructed, any new street, sidewalk, or sewer, or any alteration or improvement, relating to streets and sewers, until such vote, or the

"City is not liable for the acts of its officers whose duty it is to repair highways, and who, in the performance of this public duty, occasion damage to individuals. Judge v. Meriden, 38 Conn., 90.

petition asking for the passage of such vote, shall have been referred to said board of street commissioners for investigation.

terments and appraisal of damages

SEC. 5. Said board shall act as a court for the assessment Assessments of betof betterments and appraisals of damages, and all powers vested in board. now vested by the charter in the Court of Common Council in reference to the appraisal of damages and assessment of betterments, shall hereafter be exercised by said board. Provided, That the Court of Common Council shall continue to Common Council to have power to prescribe, by ordinance, the manner of pro- praisals. ceeding in such assessment and appraisal, and that an appeal shall be allowed to any person aggrieved by any appraisal of damage or assessment of betterments to the tribunal, and in Appeal from al the time and manner which may be by law provided.

prescribe manner of assessment and ap

lowed.

and expenditures.

SEC. 6. Said board shall, on the first day of January, in Reports of receipts each year, make a report to the Court of Common Council of said city of all receipts, and from what sources, and of all expenditures, and for what purposes, which have been received and expended during the previous year, and shall also specify what orders of said court have been complied with, and what orders have not been carried out, and the reasons for the same; and shall present said report, with such recommendations as they may deem best, concerning the management of their department, to said Court of Common Council, at its first regular meeting after said first day of January.

SEC. 7. This act shall take effect whenever the Court of Ratification of act. Common Council, by concurrent action shall vote to ratify and accept the same; and whenever said court shall vote so to ratify, this act shall be and become a part of the charter

of said city, and thereupon all acts, and parts of acts, inconsistent herewith are repealed; and upon said ratification, the

missioner abolished.

office, duties and emoluments of street commissioner, shall office of street com thereupon cease and be at an end.

Approved, July 9, 1869.

II.

Whenever two or more members of the board of street Members of board commissioners of the City of Hartford shall be disqualified

by reason of interest or other cause from acting upon any

temporarily appointed in event of

disqualification.

8. A., vol. 7, p. 673.

Water board, how constituted.

assessment or other matter pending before said board requir ing the action of a majority of the whole of said board, the mayor of said city may appoint two or more freeholders of said city, not members of the Court of Common Council, to serve in the places of said members while so temporarily disqualified; and the persons so appointed by the mayor shall have, while acting as temporary members of said board, the same powers and duties as are by law conferred upon the regularly appointed members thereof.

Approved, June 24, 1874.

III.

SECTION 1. The board of water commissioners of the City S. A., vol. 5, p. 770. of Hartford shall, after the second Monday in April, A. D. 1867, consist of six persons, who shall be chosen as follows, and shall hold office until their respective successors shall be elected and qualified. Said city shall annually, at the annual city meetings for the choice of city officers, choose two persons by ballot to be members of said board, who shall hold their offices for the term of three years; and in voting for said officers each person shall vote for one person for water commissioner and no more; the two persons who shall have the highest number of votes shall be deemed to be elected.

SEC. 2. The board of commissioners chosen under the provisions of this act, shall, until the second Monday in April, A. D. 1868, act in concert with those heretofore elected during their several terms as the board of water commissioners of the City of Hartford: and after said second Monday of April, 1868, the six commissioners who shall then have been chosen under the foregoing provisions shall constitute the board of water commissioners of the City of Hartford, and shall discharge the duties and possess all the powers and privileges of the present board.

SEC. 3. All acts and parts of acts inconsistent with this act are hereby repealed.

Approved, July 21, 1865.