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business when

SECTION 3. Said corporation may commence business when May commence one hundred thousand dollars of its capital stock shall have $100,000 is paid been subscribed and paid in in cash.

SECTION 4. This act shall take effect upon its passage.

Approved March 8, 1870.

AN ACT TO AUTHORIZE THE HINKLEY AND WILLIAMS WORKS AND
OTHERS TO CONSTRUCT WHARVES ON THE SOUTH-EASTERLY SIDE OF
ALBANY STREET IN BOSTON.

Be it enacted, &c., as follows:

in.

Chap. 62.

wharves in Bos

SECTION 1. License is hereby given to the Hinkley and May construct Williams Works, a corporation organized under the laws of ton. this Commonwealth, and to Daniel F. Child and Jarvis Williams, to construct wharves and docks over the flats in front of their respective estates on the south-easterly side of Albany Street in Boston, to the commissioners' line, as established May fourteenth, in the year one thousand eight hundred and sixty-four; to inclose and fill up said flats, and to construct docks at the sides of said wharves, subject to the provisions of the fourth section of the one hundred and fortyninth chapter of the acts of the year eighteen hundred and and sixty-six, with the right to lay vessels at the ends and Wharfage and sides of said wharves, and to receive wharfage and dockage therefor.

SECTION 2. This act shall take effect upon its passage.
Approved March 8, 1870.

dockage.

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF THE COUNTY Chap. 63.

OF DUKES COUNTY TO BUILD A BRIDGE OVER THE CANAL OR CREEK,
LEADING FROM HOLMES' HOLE HARBOR TO LAGOON POND.

Be it enacted, &c., as follows:

over canal con

Holmes' Hole

SECTION 1. The county commissioners of the county of Free bridge Dukes County, are hereby authorized to construct and lay necting, out a free bridge, with a suitable draw, over the canal or Harbor with Lagoon Pond. creek connecting Holmes' Hole Harbor, with Lagoon Pond, as a part of a road leading to a county road, so called, running to Eastville, subject to the determination of the harbor commissioners, as provided in the fourth section of chapter one hundred and forty-nine of the acts of the year eighteen hundred and sixty-six.

by Tisbury, EdChilmark.

SECTION 2. The cost of constructing, maintaining and To be paid for tending said bridge, shall be assessed by said commissioners, gartown and as follows: two-thirds at least of said cost shall be assessed upon and paid by the town of Tisbury; the balance shall be assessed upon and paid by the towns of Edgartown and Chilmark, respectively, in proportion to their valuation for county taxes. Said bridge to be tended and kept in repair under the Repairs, &c. direction of the said county commissioners.

Superior court to appoint com

build bridge, if

SECTION 3. In case the said county commissioners shall missioners to neglect to build said bridge for the space of six months next county commis- after the passage of this act, it shall be the duty of the susioners neglect. perior court, at any term held in said county, upon motion of the selectmen of Tisbury, to appoint three competent persons, not residents of said county, who shall have all the powers and authority granted in this act, to said county commissioners in relation to the construction of said bridge and the assessment of the cost thereof upon the said towns of Tisbury, Edgartown and Chilmark, as herein provided.

SECTION 4. This act shall take effect upon its passage.
Approved March 8, 1870.

Chap. 64. AN ACT REQUIRING CITY AND TOWN CLERKS TO CERTIFY CERTAIN

Town clerks to send vote of

their town to take stock in

secretary of

and railroad commissioners, under penalty.

VOTES OF CITIES AND TOWNS TO THE SECRETARY OF THE COMMON-
WEALTH AND BOARD OF RAILROAD COMMISSIONERS.

Be it enacted, &c., as follows:

SECTION 1. It shall be the duty of the city or town clerk of any city or town, which now is, or hereafter may be, railroads to the authorized to subscribe for the stock of any railroad comCommonwealth pany, or to loan its credit or grant aid to the same, to transmit to the secretary of the Commonwealth and to the board of railroad commissioners, a certified copy of any vote of such city or town, under 'such authority, within thirty days from the day on which said vote shall be taken; and also, within sixty days from the passage of this act, to transmit a certified copy of any vote heretofore passed by such city or town under such authority, unless the same has already been transmitted to the secretary as aforesaid; and any city or town clerk who shall neglect or refuse to comply with the requirements of this act, shall be liable to a fine of not less than five and not more than fifty dollars.

Secretary to send act to cit

SECTION 2. It shall be the duty of the secretary of the ies and towns. Commonwealth to transmit forthwith upon its passage a copy of this act to the different city and town clerks of the Commonwealth. Approved March 8, 1870.

Chap. 65. AN ACT MAKING APPROPRIATIONS FROM THE MOIETY OF THE INCOME

Appropriations authorized.

Normal schools.

1858, 96, § 6.

OF THE SCHOOL FUND APPLICABLE TO EDUCATIONAL PURPOSES.

Be it enacted, &c., as follows:

SECTION 1. The sums hereinafter mentioned in this section are appropriated, and shall be allowed and paid out of the moiety of the income of the school fund applicable to educational purposes, for the year eighteen hundred and seventy, to wit:

For the support of the state normal schools, for the present year, a sum not exceeding forty-two thousand five hundred dollars.

tutes.

For teachers' institutes, a sum not exceeding two thousand Teachers' instieight hundred dollars, the same to be expended in accordance with the provisions of chapter thirty-five of the General Statutes.

Res. 1853, 62.

For aid to pupils in the state normal schools, a sum not Aid to pupils. exceeding four thousand dollars, payable in semi-annual instalments, to be expended under the direction of the board of education: provided, a full report of such expenditure shall be semi-annually rendered to the auditor of accounts. For shingling the roof of the normal school building at Westfield, for a new furnace and for additional furniture for said building, a sum not exceeding two thousand two hundred and fifty dollars.

For grading the normal school lot at Bridgewater, a sum not exceeding three hundred dòllars.

School building 1858, 96, § 6.

at Westfield.

Grading lot at

Bridgewater. 1858, 96, § 6.

ham.

For steam-heating and ventilating apparatus for the nor- Heating and ventilating mal school building at Framingham, and for repairs of the school building roof; for excavation and laying wall for foundation to the at Framingaddition thereto, and for drainage; for the purchase of land 1858, 96, § 6. and for grading, a sum not exceeding six thousand two hundred and fifty dollars.

board of educa

penses normal

G. S. 31.

For postage, printing, advertising, stationery, transporta- Postage, &c., tion of documents for the board of education and the tion. secretary thereof, and also for any contingent expenses of Contingent exthe normal schools, not otherwise provided for, a sum not schools. exceeding eleven thousand dollars. For expenses of the members of the board of education Board of educaand the treasurer thereof, a sum not exceeding three hun- 1858, 96, § 6. dred dollars.

tion, expenses.

ciation.

1858, 96, § 6.

For the Massachusetts teachers' association, the sum of Teachers' assoeight hundred dollars, on condition that said association shall furnish a copy of the "Massachusetts Teacher" to each school committee in the several cities and towns in the Commonwealth, during the year eighteen hundred and seventy, and furnish satisfactory evidence thereof to the auditor of accounts.

tute of Instruc

For the American Institute of Instruction, the sum of five American Instihundred dollars, to be paid to the president of said institute tion. in the month of August next

1858, 96, § 6.

For county teachers' associations, a sum not exceeding County teachthree hundred dollars.

ers' associa-
tions.
1861, 58.

For the support of certain schools, as specified in section schools. five of chapter thirty-six of the General Statutes, the sum of G. S. 36, § 5. four hundred and five dollars.

SECTION 2. This act shall take effect upon its passage.
Approved March 8, 1870.

Chap. 66.

Limits of town of Everett.

AN ACT TO INCORPORATE THE TOWN OF EVERETT.
Be it enacted, &c., as follows:

SECTION 1. All the territory now within the town of Malden, in the county of Middlesex, comprised within the following limits, that is to say: beginning at the stone monument in the line between said Malden and the town of Medford, which is marked "number three;" thence running easterly and southerly by the centre of a creek and Malden river to the centre of the Malden canal; thence by the centre of said canal to the range of the north line of Wyllis avenue; thence by said last named line and the northerly side of said avenue to Main street; thence across Main street to the southerly side of Belmont street; thence by the southerly side of Belmont street to Ferry street; thence crossing Ferry street obliquely to the northerly side of Rich street; thence north fifty-six degrees east by the northerly side of Rich street, fourteen hundred and ninety-one feet to a stake; thence south eighty-four degrees east six thousand and eleven feet to a stake in the line between said Malden and the town of North Chelsea, said stake being two hundred and fortyseven feet northerly from the stone monument in said last mentioned line, which is marked "M. N. C. eleven;" and thence south-westerly, north-westerly and northerly, as the present dividing line between said Malden and North Chelsea, Chelsea, Charlestown, Somerville and Medford runs, to the first mentioned bound, is hereby incorporated into a town Powers and du- by the name of Everett; and said town of Everett, is hereby invested with all the powers, privileges, rights and immunities, and subject to all the duties and requisitions to which other towns are entitled and subjected by the constitution and laws of this Commonwealth.

ties.

Taxes, how assessed, collected and paid.

Support of paupers.

SECTION 2. The inhabitants of said town of Everett shall be holden to pay all arrears of taxes which have been legally assessed upon them by the town of Malden, and all taxes heretofore assessed and not collected shall be collected and paid to the treasurer of the town of Malden in the same manner as if this act had not been passed; and also their proportion of all county and state taxes that may be assessed upon them previously to the taking of the next state valuation, said proportion to be ascertained and determined by the last valuation in the said Malden.

SECTION 3. Said towns of Malden and Everett shall be respectively liable for the support of all persons who now do or shall hereafter stand in need of relief as paupers, whose settlement was gained by or derived from a settlement gained or derived within their respective limits.

erty to be di

towns.

SECTION 4. The corporate property belonging to the town Corporate propof Malden at the date of the passage of this act, and the vided between public debt of the said town existing at said date, shall be Malden and Everett, according divided between the towns of Malden and Everett according to valuation of to the valuation of the property within their respective limits as assessed May first, in the year eighteen hundred and sixtynine; and said town of Everett shall receive from said town of Malden a proportionate part of whatever amount may hereafter be refunded to said town of Malden from the state or United States, to reimburse said town of Malden for bounties to soldiers, or state aid paid to soldiers' families, after deducting all reasonable expenses; and said town of Everett shall bear the expense of making the survey and establishing the line between said towns of Malden and Everett: provided, Proviso. however, that the inhabitants of said town of Everett, shall not be liable to pay for any portion of the debt incurred for the introduction of water from Spot Pond within the lines of Malden.

disagree.

SECTION 5. In case said towns of Malden and Everett Commissioners to be appointed shall not agree in respect to a division of property, debts, by superior town paupers, or state or county taxes, the superior court court, if towns for the county of Middlesex shall upon the petition of either town, appoint three competent and disinterested persons to hear the parties and award thereon; and their award, or the award of any two of them, being accepted by said court, shall be final. In making said award, said commissioners shall assign the real estate belonging to the town of Malden, at the time of the passage of this act, to the town within which said estate shall be situated, so far as such a division shall be practicable.

State and fed

SECTION 6. The town of Everett, for the purpose of elect- Election of ing representatives to congress, senators and representatives eral officers. to the general court, and members of the governor's council, until the next decennial census, or until another apportionment be made, shall remain a part of the town of Malden, and vote therefor at such place as the town of Malden shall vote; and the selectmen of Everett shall make a true list of all persons within their town qualified to vote at every such election, and shall post up the same in said town of Everett, and shall correct the same as required by law, and shall deliver such list to the selectmen of the town of Malden, seven days at least before such election, to be used thereat.

for election of

SECTION 7. Any justice of the peace within and for the First meeting county of Middlesex may issue his warrant, directed to any town officers. inhabitant of the town of Everett, requiring him to notify and warn the inhabitants thereof qualified to vote in town

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