Fifth location. Construct and maintain a curved track from the track of the

Dec. 16, 1863.

See ante, p. 585. said company in Beverly Street, across Beverly and Causeway Streets to the track of the Suffolk Railroad Company in Causeway Street, in front of the Boston and Fitchburg Railroad depot building.

The right to lay down this curved track is under the express proviso and condition that the location granted to said Middlesex Railroad Company, October twenty-nine, eighteen hundred and sixty-two, to construct a single track in Merrimac Street, be and the same hereby is rescinded.

Also, under the further express proviso and condition, that said Middlesex Railroad Company shall at all times after the curved track is laid down, keep in good order and complete repair the easterly half of the roadway or cartway of Beverly Street, between Causeway Street and the Warren Bridge, at their own expense, and to the satisfaction of the superintendent of streets; and whenever the board of aldermen shall from time to time determine, and order that said portion of Beverly Street through and in which the tracks of said Middlesex Railroad Company are located, shall be repaved with what they shall deem to be the best of stone material, the whole expense of such paving shall be paid by the said Middlesex Railroad Company, the work to be done by the superintendent of streets, under the authority of the board of aldermen.

Also, under the further express proviso and condition, that the whole work of laying down the curved track granted under the authority of this order of location shall be done under the direction and to the satisfaction of the committee on paving and the superintendent of streets, and that the form of rail shall be satisfactory to the committee on paving and the superintendent of streets, and shall be approved by them.

Also, under the further express proviso and condition, that the board of aldermen reserve the right to allow any other horse railroad company to run cars over the curved track located by the authority of this order for such compensation for the use of said track as may be agreed upon by the respective companies; and in case of disagreement the compensation to be thus paid shall be determined according to law.

Also, under the further express proviso and condition, that the said Middlesex Railroad Company shall accept this said order of location and agree to comply with its several provisions and conditions in writing within twenty days of the date of its passage, and file said acceptance and agreement with the city clerk, otherwise it shall be null and void.1

Accepted by Middlesex Railroad Company, December 26, 1863.

INDEX.

ABATEMENT, of taxes, provisions concerning, 734, 735, 749, 766.
no abatement to be made unless, &c., 735.

person claiming must produce certificate, 749. See Taxes.
ABSENTEES from school, provisions respecting, 769, 771, 646. See
Truants.

ACCOUNTABILITY of officers and boards to city council, 21.

Finance.

ACCOUNTS, auditor of, 195-201. See Auditor.

board of, 37. See Board of Accounts.

joint committee of, 196. See Finance.

to meet once a month, 196.

to approve payments, 197.

See

direction of, necessary for payment of sums exceeding $300, 197.

to direct manner of keeping auditor's books, &c., 197.

to pass bills and accounts against the city, 197.

to approve bills for expenditures by water board, 796.

of auditor, how kept, &c., 197.

of treasurer, to be made up to thirtieth of April, 198.

to be audited by joint committee, 201.

ACTIONS, by and against city, where brought, and how removed, 30.

civil, to recover forfeitures when brought, 30..

by the city, to be prosecuted by city solicitor, 665.
against the city to be defended by him, 665.

See Ordinances and By-Laws.

ADJOURNMENTS of ward meetings for election of ward officers, 5.
for election of common council, 9, 10.

of certain authorized meetings in ward rooms, provisions concern-
ing, 777. See Ward Rooms.

ADJUTANT GENERAL, to furnish certain blank books to city, 676.

See State Aid.

ADULTERATED food or liquors not to be sold, 305, 306.

medicines not to be sold, 305, 306.

penalties for adulteration and sale, 305, 306.

milk not to be sold, 410; penalty, 410.

ADVERTISEMENT of lands to be sold for taxes, how made, and to
state what, 753.

AFFIDAVIT of collector of taxes, &c., to be evidence of demand, 753.
of posting, &c., notices of sales of real estate to be evidence,
753.

ALARMS, of fire, how given, 226. See Fire Alarm Telegraph.
ALDERMEN, board of, to consist of twelve persons, 3.

election of, 8, 9, 11; to be inhabitants of the city, 8.
when and how to be sworn and organized, 12.
death or resignation, 11; vacancy in, 11.

to choose a permanent chairman, 13.

to compose with common council, the city council, 3.

to appoint time of ward meetings, 4.

to examine returns of votes for mayor, 7.

to cause notice to be given to mayor elect of his election, 7.

to issue warrants for new election, in case of no choice, &c., 7.

duty of, in case of no choice of mayor before commencement of
municipal year, 7, 8.

to issue warrant for election of mayor, in case of decease, &c., of
that officer, 21.

to organize, when no mayor is elected, 7.

to elect a chairman in such case, 7.

to issue warrants for choice of mayor, 7, 21.

duty in case of refusal of mayor elect to accept, 7.

in case a mayor, or a full board of aldermen is not chosen, 8.
chairman and board of aldermen, to discharge duties of mayor and
aldermen, in case of non-election or absence of mayor, 8, 13.
to be surveyors of highways, 17.

their general powers and duties, 14, 15, 16.

to have administration of police, 14; and executive powers, 14.
powers and duties of selectmen vested in, 14.

to have powers and duties of county commissioners, 14.

with common council to elect city clerk and treasurer in conven-
tion, 13, 17, 18.