a two-thirds vote. Subject to assent binding upon both parties. And this authority to purby the town by chase said franchise and property is granted on condition that the same is assented to by said town by a two-thirds vote of the voters present and voting thereon at a meeting called for that purpose. Work to be commenced within three years. SECTION 8. This act shall take effect upon its passage, but shall become void unless said corporation within three years from the passage hereof shall avail itself of its provisions and commence a prosecution of the work herein authorized. Approved April 28, 1884. Chap.190 AN ACT RELATING TO THE EXAMINATION OF CANDIDATES FOR DIS Examination of candidates by a judge of the TRICT POLICE. Be it enacted, etc., as follows: SECTION 1. So much of section one of chapter one hundred three of the Public Statutes as requires candidates for superior court. district police to be examined under the direction of a justice of the superior court is repealed. Chap.191 Issue of search warrant under P. S. 100, § 30. SECTION 2. This act shall take effect upon its passage. Approved April 28, 1884. AN ACT RELATING TO WARRANTS IN CRIMINAL CASES. SECTION 1. The warrant described in section thirty of chapter one hundred of the Public Statutes may be issued by any justice of the peace authorized to issue warrants in criminal cases. SECTION 2. This act shall take effect upon its passage. Chap.192 AN ACT TO ESTABLISH THE SALARIES OF THE JUdge and the reg Salary of judge. Salary of regis ter. ISTER OF THE PROBATE COURT FOR THE COUNTY OF BERKSHIRE. Be it enacted, etc., as follows: SECTION 1. The judge of the probate court for the county of Berkshire shall receive an annual salary of sixteen hundred dollars. SECTION 2. The register of the probate court for the county of Berkshire shall receive an annual salary of sixteen hundred dollars. SECTION 3. This act shall take effect upon its passage. Approved April 28, 1884. AN ACT CONCERNING The order oF TRIALS IN CRIMINAL CASES. Chap.193 criminal cases. SECTION 1. At each term of the superior court held Trial list in for the trial of criminal cases, the district attorney before the trials begin shall make up and deposit with the clerk for inspection of all parties, a list of all cases to be tried at that term, and trials shall be had in the order of such trial list unless otherwise ordered by the court. SECTION 2. Section one of chapter two hundred and Repeal. fourteen of the Public Statutes is hereby repealed. Approved April 29, 1884. AN ACT TO AUTHORIZE THE CITY OF SALEM TO TAKE, DREDGE AND Be it enacted, etc., as follows: SECTION 1. For the purpose of abating the nuisance in the city of Salem in that part of the North River lying easterly of North Street, the said city may, from time to time, purchase or otherwise take any or all of the lands or flats in the said North River in Salem lying easterly of North Street and northerly of the location of the Eastern Railroad, and fill and raise the same to such grade as may be deemed necessary or expedient; or said city may dredge any flats taken by it under the authority of this act or heretofore taken by it under authority of chapter one hundred eighty-five of the acts of the year eighteen hundred eighty-three. Chap.194 May take and fill certain lands and flats. the To have recordbe try of deeds, within sixty ed in the regis days, a descrip flats taken. SECTION 2. Said city shall, within sixty days from time of taking said lands or flats, file and cause to recorded in the office of the register of deeds for the southern district of the county of Essex a description of tion of lands or the lands or flats so taken as certain as is required in a common conveyance of lands, and a statement that the same are taken pursuant to the provisions of this act; which said description and statement shall be signed by the mayor of said city; and the title of all lands or flats so taken shall vest in the city of Salem in fee simple, and the same may be sold and conveyed by said city in such manner as the city council may determine. damages. SECTION 3. Said city shall pay all damages sustained Liability for by any person in property by the taking of any lands or flats or by any other thing done by said city under the authority of this act. Any person sustaining damages as Work to be exe- Streets may be laid out over aforesaid under this act who fails to agree with said city as to the amount of damages sustained may have the same assessed and determined in the manner provided by law when land is taken for the laying out of highways, on application at any time within the period of one year from the taking of such lands or flats or the doing of other injury under the authority of this act; but no such application shall be made after the expiration of said period. Any person sustaining damages as aforesaid under this act who agrees with said city upon the amount of damages sustained by him shall be paid the amount of said damages by said city forthwith. The respective rights and remedies of persons having different, separate or contingent interests or estates in the same property, as to the disposition of the damages awarded or agreed to under this act, shall be the same in all respects as are provided by law when land is taken for the laying out of highways. SECTION 4. The city of Salem before beginning to fill or dredge any flats taken under the authority of this act shall give written notice to the board of harbor and land commissioners of the work proposed, and shall submit to said board plans of the flats proposed to be filled or dredged, showing the mode in which the work is to be performed; and no such work shall be commenced until the plans and the mode of performing the work have been approved in writing by said board; and all such work shall be executed under the supervision of said board. SECTION 5. The city council of said city may lay out, lands and flats. in the manner provided by the charter of said city, streets and ways over any of the lands or flats referred to in this act. Subject to acceptance by city council. SECTION 6. This act shall take effect upon its acceptance by the city council of the city of Salem. Approved April 29, 1884. Chap.195 AN ACT CONCERNING ALEWIFE BROOK AND CERTAIN SEWERS IN City to construct an intercepting sewer. CAMBRIDGE AND SOMERVILLE. Be it enacted, etc., as follows: SECTION 1. The city of Cambridge shall construct an intercepting sewer of sufficient capacity, and by means thereof shall conduct the sewage of the Concord Avenue, Spruce Street and North Avenue sewers in said city, and of any sewer at any time discharging into either of said be discontinued sewers, or into said intercepting sewer (provided, however, this shall not include any other than that within the natural drainage area of Alewife Brook), to some convenient spot upon the poor farm in said city; shall there storage basin to construct a storage basin for the temporary deposit of be constructed. such sewage, and by means of pumps or otherwise shall raise such sewage to a sufficient height to discharge the same by means of a connecting sewer, which connecting sewer shall not exceed twelve inches in diameter, at a convenient point in the sewer in Newbury Street, in the city of Somerville; shall construct such connecting sewer, and shall so discharge the said sewage for the term of three years from the first day of September next, the connection with the said Somerville sewer to be made on or before said first day of September: provided, however, that, during Pumping may repairs upon any Somerville sewer into which the Cam- during repairs. bridge sewage shall be so discharged, pumping shall be discontinued if the city engineer of Somerville shall so request of the city of Cambridge; and also, that at some point in the intercepting sewer, to be determined by the city engineer of Somerville, there shall be constructed by the city of Cambridge an automatic shut-off so arranged as to cut off the connection of the Cambridge sewers which may empty therein with the Somerville sewers during severe storms and when the Cambridge sewers at the shut-off are running more than half full, said shut-off to be built according to a design approved by the city engineer of Somerville, and to be constructed to his satisfaction; but the city of Cambridge may, during any such discontinuance and during such times as the connection of the Cambridge sewers with the Somerville sewers may be so cut off, discharge its sewage into Alewife Brook: pro- Proviso. vided, however, that if this method of disposing of said sewage be adjudged impracticable, as hereinafter provided, then the obligation imposed by this section shall be void, and provided further, that whenever the city of Proviso. Cambridge shall adopt and carry into active operation any other method of disposing of the sewage of its sewers above named, and sewers at any time discharging therein, than by a discharge into Alewife Brook, the obligation imposed by this section shall be void. Cambridge may SECTION 2. For the purposes named in the preceding City council of section, the city council of Cambridge shall have the same take private right to take private land in Somerville as it now has to ville. land in Somer If method is deemed imprac ticable, obliga. tion imposed in first section to be void. After three years, works tinued. take land for sewers in Cambridge, and all the proceedings of such taking shall be conducted in the same manner as though such land were in Cambridge, and all persons and corporations suffering damage in their property by reason of such taking shall have the same rights and remedies for ascertaining and recovering the amount of such damage as in the case of land taken for sewers in Cambridge. SECTION 3. If at any time after the construction of the works required by the first section hereof, and actual trial thereof, that method of disposing of said sewage be deemed by the state board of health, lunacy and charity, after such notice and hearing as said board may order, impracticable without great and unreasonable expense, or if by reason of the proceedings under the twelfth section. hereof the city of Cambridge is prevented from discharging its sewage into Somerville sewer as aforesaid, then the obligation imposed by the first section hereof shall be void. SECTION 4. After the expiration of three years from may be discon- the first day of September next, the city of Cambridge may at its option continue or discontinue the works prescribed in the first section hereof; said continuance however to be for a term of three years and no more, except with the consent of the city of Somerville, and subject to the same conditions as the original term. Annual payments to the city SECTION 5. So long as the city of Cambridge disof Somerville. charges its sewage into the sewer of Somerville in the manner herein before prescribed, it shall pay annually to the city of Somerville upon the first day of September, the first payment to be made on the first day of September, A. D. eighteen hundred and eighty-five, the sum of three thousand dollars, and in the same ratio for any part of a year, and during the same period shall dispose of the sewage and storm water of the city of Somerville emptying into any sewer of Cambridge under the provisions of this act, in the same manner that it disposes of its own sewage and storm water in the same sewer, and without any cost or charge to the city of Somerville. Description of territory in drained. SECTION 6. The city of Somerville for the purposes Somerville to be of draining the following described territory situated in Somerville, namely:- commencing at a point on the boundary line between Cambridge and Somerville distant one hundred sixty-eight feet southeasterly from a stone |