Shall require good faith in agreements. If party refuse or fail, city, to report to attorney of Commonwealth. Money received to be paid State "bridges fund." and added to Penalty for mooring raft or lumber more than out permit of mayor. bridges, or either of them, or to any structure appertaining thereto, from any party lawfully liable therefor; and shall require all persons and corporations to faithfully fulfil and perform all obligations or agreements they are or may be under in relation to said bridges, or either of them, or in relation to any structure, privilege or property thereto appertaining; and in case of refusal of any payment as aforesaid, or neglect or refusal to comply with or fulfil any such agreement or obligation, it shall be the duty of said city to report the same to the prosecuting officer of the Commonwealth, that legal proceedings may be instituted to enforce such payment or compliance with such agreement or obligation; and all sums of money collected as aforesaid or otherwise, on account of or appertaining to said bridges, shall, upon its receipt by said city, be paid over to the treasurer and receivergeneral, to be added by him to the Charles River and Warren bridges fund. SECTION 6. Every person who shall attach or moor any raft or collection of spars, logs, piles, timber or lumber to ten hours with- either of said bridges, or to any pier or other structure appertaining thereto, for more than ten hours without permission in writing from the mayor of Charlestown, shall for every such offence forfeit and pay to the city of Charlestown, to be added to said fund, as before provided, a sum not less than twenty-five dollars, and five dollars for every successive day during which such attachment or mooring shall be conLiability for dam- tinued; and shall be further liable for all damages to such bridge, pier or other structure, caused by such attachment. or mooring, or any continuance thereof, to be recovered by an action of tort. age caused thereby. Compensation of draw-tenders and assistants, and tenance, to be City not to have pay for superin SECTION 7. The compensation of said draw-tenders and other employees, and all expenditures required for maintainexpenses of main- ing said bridges and other structures and property appertainpaid from fund. ing thereto, shall be paid from the Charles River and Warren bridges fund and the income thereof; but no payment or tendence nor be allowance shall be made to the city of Charlestown, or to any liable for damage. agent appointed by said city in pursuance of this act for superintendence of said bridges; nor shall said city, or the city council thereof, be liable for any damages which may be sustained by any party, by reason of any defect or want of repair of said bridges, or either of them, or by reason of any negligence of any draw-tender or other employee, or otherwise. Shall report to governor quarterly, and to legislature an nually. SECTION 8. Said city shall make quarterly reports to the governor and council of the receipts and expenditures on account of said bridges; and shall, on or before the fifteenth day of January in each year, make a report to the legislature containing a specific statement of the receipts and expenditures for the year ending on the thirty-first day of the preceding December; and shall also submit such estimates and G. s. 15, §§ 28, make such reports as are required of public officers by the twenty-eighth and twenty-ninth sections of the fifteenth chapter of the General Statutes. 1, 1868, upon no bridge." may surrender council, after tice may resume SECTION 9. After the first day of April, in the year one City, after April thousand eight hundred and sixty-eight, the city of Charles- tice three months town, upon giving three months' notice to the governor, pursuant to a vote of the city council of said city, may surrender the superintendence of said bridges hereby intrusted to it; and the governor and council may at any time, after thirty Governor and days' notice to said city, resume the care and superinten- thirty days' nodence of said bridges hereby intrusted to said city and upon tier the surrender by said city or the resumption by the governor and council of the superintendence as aforesaid, the governor and council shall appoint draw-tenders, pursuant to the provisions of the one hundred and eighty-sixth chapter of the acts of the year one thousand eight hundred and fifty-nine. SECTION 10. The operation of the one hundred and eighty- Acts of 1859, ch. sixth chapter of the acts of the year one thousand eight hun- relating to said dred and fifty-nine, and of all provisions of all laws relating bri bridges suspendto Charles River bridge and Warren bridge inconsistent with this act, are hereby suspended until the city of Charlestown shall surrender or the governor and council shall resume the superintendence of said bridges, as provided in the ninth section of this act. 186, and all laws ed. upon acceptance SECTION 11. This act shall take effect when it shall have This act in force been accepted by vote of the city council of Charlestown, and by city council the mayor of said city shall have filed with the secretary of and filing of nothe Commonwealth a notice of such acceptance. Approved March 16, 1867. AN ACT IN RELATION TO THE COMPENSATION OF AUDItors. Be it enacted, &c., as follows : tice. Chap. 67. amended: either and prevailing be taxed in cost. Section fifty of chapter one hundred and twenty-one of G. S. 121, § 50, the General Statutes is hereby amended, so that the compen- party may pay, sation awarded by the court to auditors may be paid by either party to the suit in which such auditors or auditor may be appointed, and taxed in his bill of cost if he prevails. Approved March 16, 1867. AN ACT IN RELATION TO THE ELECTION OF SCHOOL COMMITTEE IN Be it enacted, &c., as follows: Chap. 68. SECTION 1. The qualified voters of the city of Cambridge, Voters in wards at their annual meeting for the election of municipal officers, for one, two and shall elect three; spectively. three years, re- first to be held after the passage of this act, shall elect a school committee consisting of three persons from each ward, one of whom from each ward shall hold office for the term of one year, one for the term of two years, and one for the term of three years. Ballots to declare terms. Annually after, SECTION 2. The ballots for said school committee shall designate the term of years during which each person voted for shall serve. SECTION 3. After such election shall have been held, there one to be chosen shall be elected annually one person from each ward, to serve as a member of the school committee for the term of three years. Act to be accepted, else void. SECTION 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. Chap. 69. AN ACT FOR THE PRESERVATION OF BOOKS AND OTHER PROPERTY Penalty for wilful injury or defacement. BELONGING TO PUBLIC LIBRARIES. Be it enacted, &c., as follows: Whoever wilfully and maliciously writes upon, injures, defaces, tears or destroys any book, plate, picture, engraving or statue belonging to any law, town, city or other public library, shall be punished by a fine of not less than five dollars nor more than one thousand dollars for every such offence. Approved March 16, 1867. Chap. 70. AN ACT TO AMEND SECTION FIFTEEN OF CHAPTER EIGHTY-THREE Shell-fish for bait may be taken OF THE GENERAL STATUTES, IN RELATION TO THE FISHERIES. Be it enacted, &c., as follows: SECTION 1. Section fifteen of chapter eighty-three of the only by inhabit- General Statutes, is hereby amended by inserting the words, an inhabitant of this state," after the word fisherman in the third line. ant of State. 66 SECTION 2. This act shall take effect upon its passage. Chap. 71. AN ACT CONCERNING Selectmen may lay and maintain. Approved March 16, 1867. DRAINS AND SEWERS IN THE TOWN OF Be it enacted, &c., as follows: SECTION 1. The selectmen of the town of Brookline may lay, make and maintain, in the said town, all such main drains or common sewers, through the lands of any persons or corporations, as they shall adjudge to be necessary for the public convenience or the public health and may repair all such main drains or common sewers, from time to time, whenever Town and private repairs thereof may be necessary. The said town and the inhabitants thereof shall have the same rights, and be subject to the same liabilities, as if the same had been laid, made or rights and liabilities as under G. S. maintained, under the provisions of the forty-eighth chapter of the General Statutes, except as hereinafter provided. divert water of other channel to SECTION 2. The said selectmen, for the purpose of sewer- Selectmen may age, may divert the water of either of the brooks having an certain brooks, outlet in Muddy River, within said town, or any portion there- or construct of, from their present course, at any convenient point within tide-water. said town, and conduct the same into any main drain or common sewer of said town, as now existing, or hereafter to be constructed, or may provide a new channel, culvert or outlet therefor to tide-water. case of land taken water. SECTION 3. When any lands or real estate shall be taken, Proceedings in or water diverted, by virtue of this act, the proceedings shall or diversion of be the same in all respects, as in the laying out of town ways: and all persons or corporations, suffering damage in their Rights for damproperty by reason of the laying, making or maintaining of town any as for any main drain or common sewer, or by the diverting of any water, as aforesaid, shall have the same rights and remedies for the ascertainment and recovery of the amount of such damages, as in the case of the laying out of town ways. SECTION 4. This act shall take effect upon its passage. ways. AN ACT TO AMEND “AN ACT TO INCORPORATE THE TRUSTEES OF Chap. 72. THE TUFTS COLLEGE." Be it enacted, &c., as follows: tion amended. SECTION 1. The trustees of the Tufts College, incorporated Title of corporaApril twenty-first, in the year one thousand eight hundred and fifty-two, shall be hereafter known and called by the name of the Trustees of Tufts College. ical degrees. SECTION 2. The act to incorporate the Trustees of the May confer medTufts College, is hereby amended by striking out of the second section thereof the words "except medical degrees." erty for further SECTION 3. Said corporation shall be capable of taking May hold propand holding in fee simple, or any less estate, by gift, grant, endowment. bequest, devise or otherwise, for the further endowment of said college, any lands, tenements, or other estate, real or personal: provided, that the entire clear annual income of Proviso: limitaall the property of said corporation shall not exceed one hundred thousand dollars. SECTION 4. This act shall take effect upon its passage. tion of income. AN ACT GRANTING ADDITIONAL POWERS. TO THE HAVERHILL AQUE- Chap. 73. Be it enacted, &c, as follows: DUCT COMPANY. SECTION 1. The Haverhill Aqueduct Company is hereby May use waters of authorized to take and use the waters of Round Pond and Ponds and Ken Round and Plug ply town. oza Lake, to sup- Plug Pond, so called, and Kenoza Lake in the town of Haverhill, to supply the inhabitants of said town with water by an aqueduct, and to enter upon, take and dig up any and all lands necessary for laying and maintaining aqueduct pipes, reservoirs, gates, dams or other works, necessary for that purpose. Shall, upon disagreement, have damages settled as for highway. May hold estate. Town may pur chase franchise company. SECTION 2. All damages sustained by entering upon and taking land, water or water rights for either or any of the above purposes, shall, in case of disagreement with the parties injured, be ascertained, determined and recovered in the same manner as is now provided in cases where land is taken for highways. SECTION 3. Said corporation may hold real and personal estate to an amount not exceeding one hundred thousand dollars. SECTION 4. The town of Haverhill may at any time hereand property of after purchase or otherwise take all the franchise, rights and property of said Haverhill Aqueduct Company, at such price as may be agreed on by the parties; and in case the parties cannot agree upon the price, the supreme judicial court may, upon application of either party, and notice to the other, appoint three commissioners, who shall determine the price, and whose award, when accepted by the court, shall be final. SECTION 5. Nothing in this act contained shall be so construed as to authorize the Haverhill Aqueduct Company to term to be ob- use, or authorize any other person or corporation to use, any of the water conducted through its pipes to drive machinery otherwise than by creating steam, nor to raise the water of any of said ponds above high-water mark, nor to drain any of them below low-water mark. Water not to be used for machi nery, except as steam; water served. Approved March 16, 1867. Chap. 74. AN ACT TO INCORPORATE THE BRIDGEWATER AND TAUNTON RAIL Corporators. ROAD COMPANY. Be it enacted, &c., as follows: SECTION 1. Nahum Stetson, Isaac Pratt, junior, Joseph A. Hyde, Caleb Hobart, George W. Bassett, Joshua E. Crane, their associates and successors, are hereby made a corporation by the name of the Bridgewater and Taunton Railroad Privileges and re- Company; with all the powers and privileges, and subject to all the restrictions, duties and liabilities set forth in the general laws, which now are or hereafter may be in force relating to railroad corporations. strictions. May construct road from point in Bridgewater via Raynham, across Taunton River to point on SECTION 2. Said corporation may locate, construct, maintain and operate a railroad commencing at such convenient point as it may select, in the town of Bridgewater, thence to the town of Raynham, and through said last named town, |