ORDINANCES OF THE CITY OF BOSTON, PASSED SINCE AUGUST 1, 1874, AND AC T S OF THE LEGISLATURE OF MASSACHUSETTS, ON MUNICIPAL SUBJECTS, PASS ED IN 1874. PUBLISHED BY ORDER OF THE CITY COUNCIL. BOSTON: ROCKWELL AND CHURCHILL, CITY PRINTERS, No. 39 ARCH STREET. 1875. CITY OF BOSTON. BY a vote of the City Council, approved December 31, 1869, all Ordinances passed in each year are to be properly compiled and published, at the close of the year, in a suitable manner for reference. This volume comprises, therefore, all the Ordinances which were passed by the City Council since August 1, 1874, the date of the publication of the Supplement to the City Ordinances, as well as all Legislative enactments of 1874, which affect in any way the government of this city. The General Election Law of 1874, which is a statute of great length, is not included in this publication. It is chap. 376 of the acts of 1874. S. F. McCLEARY, City Clerk. JANUARY 20, 1875. AMUSEMENTS- BATHING. AMUSEMENTS. STATUTE. 1. Children under fifteen years not to appear as acrobats, etc. STATUTE. 1. No license shall be granted by the mayor and aldermen or License not to be granted for selectmen of any city or town for any exhibition mentioned in shows where section seventy-four of chapter eighty-eight of the General Statutes children under fifteen are emat which children under the age of fifteen years are employed as ployed for acrobats, contortionists or in any feats of gymnastics or eques- gymnasts, etc. ~~~~~~~~~~~~~~~trianism.'~~~ ~~1874, c. 279. trianism. STATUTES. 2. Officers may be appointed there1. Public bath-houses may be estab- for. lished, etc. 3. Act to be accepted. STATUTE. 1. Any city or town may raise money by taxation and appro- Public baths priate the same in order to purchase or lease suitable lands and maybe estabinerect any building suitable for public baths and wash-houses, tainedbycities either with or without open drying grounds, and may make open 7d tc24, ~1 bathing places, and convert any buildings into public baths and wash-houses, and may from time to time alter, enlarge, repair and improve the same, and fit up and furnish the same with all requisite furniture, fittings and conveniences, and may raise and appropriate money therefor. 2. Any city or town may establish such rates for the use of said Officers may be baths and wash-houses, and appoint such officers as are deemed eappolted and proper to carry the provisions of this act into effect, and may make made for management of such by-laws or ordinances for their government, as they from baths. time to time deem necessary, and may authorize them to make Ibid. ~ 2. such rules and regulations for the management of the baths and wash-houses as may seem to them expedient: provided, that such 6 BOUNDARIES. 1874c. 214, ~2. by-laws or ordinances, rules or regulations, shall be subject to alteration or repeal at any time. Subject to ac- 3. This act shall not take effect in any city or town, until it has ceptance by cities and been accepted by the council of such city, by a two-thirds vote, or towns. by two-thirds of the legal voters of such town, present and voting Ibid. ~ 3. at any annual meeting.' BOUNDARIES. STATUTES. 5. To be added to Ward 19. 1. Part of Brookline annexed to 6. Obligation of contracts. Boston. Duties of Selectmen. 7. Rights of drainageto be preserved. 2. Inhabitants to pay arrears of 8. Part of Newton annexed to Bostaxes. ton. 3. Jurisdiction of Courts. 9. Highway matters to be heard by 4. To be added to judicial district of Street Commissioners. Brighton. STATUTES. Portion of 1. All the territory now comprised within the limits of the town Brookline annexed tooBos- of Brookline in the county of Norfolk, with the inhabitants and ton. estates therein situated, northerly of the southerly line of Brighton 1874, c. 220, ~ 1. avenue, is hereby annexed to, and made a part of, the city of Boston in the county of Suffolk, and shall hereafter constitute a part of the county of Suffolk, subject to the same municipal regulations, obligations and liabilities, and entitled to the same immunities in Proviso. all respects as the said city of Boston; provided, however, that until constitutionally and legally changed, said territory, including any part of the city of Boston which has been set off from Brookline since the last census, shall continue to be, for the purpose of electing members of the house of representatives, part of the county of Norfolk, constituting part of the fifteenth representative district thereof; for the purpose of electing a senator, part of the first Norfolk senatorial district; for the purpose of electing a councillor, part of the third council district; and for the purpose of electing a representative in congress, said territory shall continue Accepted by two-thirds vote of each branch of the City Council of Boston, and approved by the Mayor January 2, 1875. BOUNDARIES. 7 to be a part of congressional district number eight, as the same are 1874, c. 220, ~ 1. now constituted. All the duties now required by law to be performed by the select- Duties required of selectmen men and town clerk of the town of Brookline, or either of them, and clerk of pertaining to the votes cast by the voters residing upon said terri- Brookline to devolve upon tory for representatives in congress, state councillors, senators and aldermen and members of the house of representatives, shall in like manner de- clerk of Boston. volve upon and be performed by the board of aldermen and city clerk of the city of Boston; and the said city clerk shall make returns and meet with the town clerk of the town of Brookline for the purpose of ascertaining the result of the election of representative for said fifteenth representative district and making certificates of the same, at noon on the day following said election, at the town clerk's office in said Brookline. 2. The inhabitants of the said territory shall be holden to pay Inhabitants to pay arrears of all arrears of taxes which have been legally assessed upon them by taxes. the town of Brookline, and all taxes heretofore assessed and not Ibid. ~ 2. collected shall be collected and paid to the treasurer of the town of Brookline in the same manner as if this act had not been passed. 3. The several courts within the county of Suffolk, except the Jurisdiction of courts. municipal court for the southern district of the city of Boston, the Ibid. ~ 3. municipal court for the Dorchester district of the city of Boston, and the municipal court for the Charlestown district of the city of Boston, after this act takes effect, shall have the same jurisdiction over all causes of action and proceedings in civil causes, and over all matters in probate and insolvency which shall have accrued within said territory hereby annexed, that said courts now have over like actions, proceedings and matters within the the county of Suffolk; provided, however, that the several courts within the Proviso. county of Norfolk shall have and retain jurisdiction of all actions, proceedings and matters that may be rightfully commenced in said courts prior to the time when this act takes effect; and the supreme judicial court, and the superior court within the county of Suffolk, after this act takes effect, shall have the same jurisdiction of all crimes, offences and misdemeanors that shall have been committed within the said territory that the supreme judicial court and superior court within the county of Norfolk now have; but if, before this act takes effect, proceedings are commenced in any of the courts 8 BOUNDARIES. 1874, c. 220, ~ 3. within the county of Norfolk for the prosecution of said crimes, offences and misdemeanors, the said courts within the county of Norfolk shall have and retain jurisdiction of the same for the full, complete and final disposition thereof. All suits, actions, proceedings, complaints and prosecutions, and all matters of probate and insolvency pending within said territory before any court or any justice of the peace, when this act takes effect, shall be heard and determined as though this act had not been passed. Judicial district 4. Said territory shall be added to and constitute a part of the of Brighton judicial district under the jurisdiction of the municipal court of the Ibid. ~ 4. Brighton district. Said court shall have the same civil and criminal jurisdiction in said territory as it now has by law in its district as it now exists. Ward nineteen 5. The said territory shall constitue a part of ward nineteen in in Boston. Ibid. ~ 5. the city of Boston, and shall so remain until the alteration of the ward limits of the city of Boston provided by law. Obligation of 6. Nothing contained in this act shall impair the obligation of bone imtractpaisred not to contracts; and the property and inhabitants of said territory shall Ibid. ~ 6. continue liable to the existing creditors of the county of Norfolk, Proviso. in like manner as if this act had not been passed: provided, that if any person, by reason of his being an inhabitant of, or owning property in, said territory, shall be compelled to pay any part of an existing debt or obligation of the county of Norfolk, the amount of such payment shall constitute a debt to him from said county, as hereafter to be constituted, exclusive of said territory, and may be recovered in like manner as other debts against the county of Norfolk. Brookline not to 7. This act shall not be construed to divest or deprive the town be deprived of prights vof of Brookline of any legal rights of drainage which it now possesses, drainage. nor of any powers or authority which it now enjoys under chapter Ibid. ~ 7. seventy-one of the acts of the year eighteen hundred and sixtyseven, entitled "' An act concerning drains and sewers in the town of Brookline," with respect to any of the territory herein before described. Boundary line 8. The boundary line between the cities of Boston and Newton changed is hereby changed and established as follows: Beginning at the between Boston and Newton. stone monument at the intersection of the present boundary line 1874,. 277,~1. between Boston and Newton with the present boundary line between Boston and Brookline, thence running south-westwardly BOUNDARIES. 9 on said last-mentioned boundary line as continued between Brook- 1874, c. 277, ~ 1. line and Newton, seven hundred and thirty-five feet, to a stone boundary post; thence turning and running north-westwardly seven hundred and ninety-four feet, to a stone bound on the westerly line of Beacon street; thence north-westwardly on said lastmentioned line continued two hundred and twenty-seven and sixtenths feet, to a stone tangent post; thence north-westwardly on a curved line of nine hundred and eighty feet radius, three hundred and thirty-five feet and four-tenths of a foot, to a stone tangent post; thence north-westwardly two hundred and forty-three feet and seven-tenths of a foot, to a stone tangent post; thence on a curved line of eight hundred and sixty-two feet radius, six hundred and twenty-nine feet and six-tenths of a foot to a stone tangent post; thence westwardly twelve hundred and twenty-one feet, to a stone bound; all the above-described lines, except the first two, being the south-westerly and southerly boundary lines of Beacon street; thence turning and running northwardly and crossing Beacon street, five hundred and fifty-three feet, to a stone bound; thence northwardly one hundred and sixty-four feet and eighttenths of a foot, to a stone bound; thence northwardly two hundred and sixty-three feet and four-tenths of a foot, to a stone bound; thence northwardly one hundred and seventy-four feet and fivetenths of a foot, to a stone bound; thence northwardly three hundred and ninety-six feet and seven-tenths of a foot, to a stone bound; thence northwardly two hundred and fifty-three feet, to a stone bound; thence north-eastwardly one hundred and fifty-seven feet and eight-tenths of a foot, to a stone bound; thence eastwardly one hundred and five feet, to a stone bound; thence eastwardly sixtysix and one-half feet, to a stone bound; thence eastwardly five hundred -and thirty-seven feet, to a stone bound; thence northwardly one hundred and sixty-six feet, to a stone bound on the southerly line of Ward street in said Newton; the eleven lastdescribed lines being the division lines between land of the city of Boston and land of Amos A. Lawrence and land late of Daniel Knowles; thence eastwardly on said southerly line of Ward street, thirty-four feet and two-tenths of a foot, to a stone bound; and thence eastwardly on the same seventy-nine feet, to a stone post on the boundary line between Boston and Newton. The new boundary line is laid down, in red lines, on a plan thereof, dated March 10 BRIDGES. 1874, c. 277, ~ 1. eighteen hundred and seventy-four, deposited in the office of the secretary of the Commonwealth. Petition for 9. All petitions now pending before the county commissioners layng to behigh of Middlesex county for laying out highways situated entirely heard by street within the territory hereby transferred from Newton to Boston, commissioners ofmiostoner. shall be heard and adjudicated by the street commissioners of the Ibid. ~ 2. city of Boston in the same manner as if said petitions had been originally presented to said street commissioners. BRIDGES. STATUTES. 6. Act to be accepted. 1. Malden bridge to be supported 7. Charles river and Warren by Boston. bridges to vest in Boston. 2. New bridge to Cambridge. 8. Boston to maintain said bridges. 3. Land and flats may be taken, etc. 9. Obligations of Middlesex R. R. to 4. Width of draw. continue. 5. Expense to be borne by the two cities. STATUTES. Malden bridge 1. Chapter ninety-nine of the acts of the year eighteen to be supported hundred and fifty-nine, and chapter two hundred and sixty-six by city of Boston. of the acts of the year eighteen hundred and sixty-nine, are 1874, c. 139, ~ 1. repealed, and Malden bridge shall hereafter be supported by and be under the care and superintendence of the city of Boston. Maybuild 2. The cities of Boston and Cambridge are authorized to lay brostoniaend out, make and maintain a new avenue from Brattle square in said Cambridge. Cambridge across Charles river to some point on Market street in 1874, c. 139, ~ 1. ward nineteen in said Boston, and to build and maintain a bridge across said river which shall be a part of said avenue. Each city may 3. Each of said cities may, within its own limits, take land for takeland within its own limits. said avenue in same manner as lands are taken therein for laying Ibid. ~ 2. out highways with the same right to all parties to appeal to a jury, and betterments may be assessed in each city as in the case of other ways. Draw to have a 4. Said bridge shall have a draw with a clear opening of thirtythirty-eightning ofet. eight feet for the free passage of vessels, and the authority hereby Ibid. ~ 3. CEDAR GRIOVE CEMETERY. 11. given to build said bridge is given subject to the provisions of chap- 1874, c. 139, ~ 3. ter one hundred and forty-nine of the acts of the year one thousand eight hundred and sixty-six. 5. Each of said cities shall bear the expense of laying out Expense of zn I making avenue making and maintaining that part of said avenue on its own side and maintaining of the channel, but the expense of making, maintaining and op draw. 0 P _ " ~~~~Ibid. ~ 4. erating said draw shall be borne equally by said cities. And the care and management of said bridge and draw shall be vested in the board of commissioners provided for in section six of chapter three hundred and two of the acts of eighteen hundred and seventy. 6. This act shall take effect upon its acceptance by the city Act to be accouncils of Boston and Cambridge. cepted. 7. The care, management and maintenance of the Charles Care of bridges vested in Bosriver and Warren bridges is hereby vested in the city of ton. Boston. 1874, c. 259, ~ 1. 8. The city of Boston shall maintain the said bridges as public Bridges to be highways at its own expense, and in accordance with such ordi- hmaintained as nances as the city counciF-of said city may establish. Boston. Ibid. ~2. 9. Nothing in this act shall release the Middlesex railroad com- Middlesex R. R. pany from any legal obligation now existing, to maintain and keep Co. not to be pany released from in repair any portion of said bridges, or from any liability for loss obligation to or injury that any person may sustain by reason of any careless- make repairs, etc. ness, neglect or misconduct of its agents or servants in the con- Ibid. ~ 3. struction, management or use of its tracks on said bridges. 10. Chapter three hundred and three of the acts of the year Repealofinconeighteen hundred and seventy, and all other acts and parts of acts sistent provisions of 1870, 303. inconsistent herewith are repealed. Ibid. ~ 4. CEDAR GROVE CEMETERY. STATUTE. 1. Annual report, when to be made. 1. Section seven seen of chapter sixty-eight of the acts of eighteen Annual report hundred and sixty-eight is so amended that the commissioners of to be made in May. the cemetery referred to in said act, now known as Cedar Grove 1874, c. 89, ~ 1. cemetery, shall make the annual report required by said section in the month of May, instead of February, in each year. 12 COURTS. COURTS. STATUTES. 12. Right of appeal. 1. Jurisdiction of Municipal Court 13. Certain acts of 1872 repealed. in Boston. 14. Municipal Courts for West Rox2. Jurisdiction of Municipal Court bury, Briglton, South Boston, in Southern District. and East Boston Districts. 3. Jurisdiction of Dorchester Court. Jurisdiction. 4. Jurisdiction of Charlestown 15. Concurrent jurisdiction with SuCourt. perior Court. 5. Extent of original criminal juris- 16. Number of Justices. diction. 17. Salaries of Justices and Clerks 6. Extent of original civil jurisdic- except in Charlestown District. tion. 18. Salaries of Justices and Clerks 7. Concurrent jurisdiction abolished. in Charlestown District. 8. Exclusive jurisdiction in certain 19. Clerks to be appointed by Govcases. ernor. 9. Writs, etc., to run into other 20. Assistant-clerks for Boston Municounties. cipal Court. 10. Right of trial by jury. 21. Proceedings already begun to be 11. Certain provisions of Gen. Stats. completed, etc. to apply. 22. When act to take effect. STATUTES. Jurisdiction of 1. The criminal and civil jurisdiction of the municipal court of municipal court in Boston. the city of Boston shall embrace the district and territory now in1874, c. 271, ~ 1. eluded in wards two, three, four, five, six, ward seven westerly of Fort Point Channel, and wards eight, nine, ten and eleven of the said city of Boston. Jurisdiction of 2. The criminal and civil jurisdiction of the muncipal court for municipal court for Southern the southern district of the city of Boston shall embrace the disdistrict. trict and territory now included in wards thirteen, fourteen and fifIbid. ~ 2. teen of the city of Boston; and said court shall hereafter be known and described as the municipal court of the Highland district. Jurisdiction of 3. The criminal and civil jurisdiction of the municipal court of court of Dorchester dis- the Dorchester district shall embrace the district and territory now trict. Ibid. ~ 3. included in ward sixteen of said city of Boston. Jurisdiction of 4. The criminal and civil jurisdiction of the municipal court for court for Charlestown the Charlestown district of the city of Boston shall embrace the district. district and territory now included in wards twenty, twenty-one Ibid. ~ 4. COURTS. 13 and twenty-two of the city of Boston, and said court shall hereafter 18s74, c. 271, ~ 4. be known and described as the municipal court of the Charlestown district. 5. The original criminal jurisdiction of each of said courts Courts to have original crimiwithin its district, in addition to the jurisdiction conferred by ex- ial jurisdition isting laws, shall include all crimes under the degree of felony, of allcrimes by under degree of except conspiracies and libels and cases where a prosecution by felony, except, indictment or information is required by law, and shall be exclusive etc. of the jurisdiction of any other municipal or police court, trial Ibid. ~ 5. justice, or justice of the peace; provided, however, that the juris- Proviso. diction of trial justices of juvenile offenders shall be exercised as heretofore. Each of said courts may impose the same penalties as may be imposed by the superior court in like cases. But an offence committed on the boundary line of two of such districts, or within fifty rods of the dividing line between them, may be alleged to have been committed, and may be prosecuted and punished in either district. 6. In all civil actions and proceedings (except where the title to Exclusive jurisreal estate is put in issue), where the defendant, or, if suit is begun cases whnere by trustee process, the trustee resides, or has his usual place of debt does not business in its district, or, if there are two or more defendants or exceed $100. trustees, where all said defendants or trustees reside or have their usual places of business in its district, the jurisdiction of each of said courts shall be exclusive, when the debt, or damages Concurrent demanded, or property replevied does not exceed in value one hun- jwithsuperior dred dollars, and shall be concurrent with the superior court for the court where debt does not county of Suffolk, where the debt or damages demanded, or prop- exceed $300. erty replevied, does not exceed in value three hundred dollars. 7. The concurrent civil jurisdiction of each of said courts with concurrent any other municipal, district or police court, or justice of the peace, jwith other is hereby abolished; provided, however, that suit may be brought courts abolshed. in any district or county where one or more of several defendants s1874.. 326. or a sole defendant, or if suit be begun by trustee process, one or more of several trustees or a sole trustee resides, or has his usual place of business, and if two or more courts or any of said courts and a justice of the peace have jurisdiction under the provisions of this and the preceding section, the court or justice before whom proceedings are first had shall thereupon have exclusive jurisdiction therein. 14 COURTS. Exclusive juris- 8. Each of said courts shall have original and exclusive jurisdicdiction in actions under tion of all actions under chapter one hundred and thirty-seven of 37S. 1378. the general statutes, w.henever the premises in controversy are 1874, c. 271, ~ 8. situate within its district. But said actions shall be heard and determined by a justice of the court, subject to the right of appeal to the superior court upon giving bond in the manner provided by chapter three hundred and fifteen of the acts of one thousand eight hundred and seventy-one. Writs and 9. The writs and other processes of each of said courts may run processes may run into any into said county, for the purpose of attaching property, of service county. on a defendant or trustee, of summoning witnesses, of levying exeIbid. ~ 9. cution, and for all other purposes incident to its jurisdiction, and may be served and executed by the sheriff of any county or his deputies, or by any constable of any city or town qualified to serve civil process. Whenever a party defendant or trustee is summoned out of the county in which he resides or has his usual place of business, the writ shall be served on such party at least fourteen days before the return day. Right of trialby 10. On the return day of the writ in any civil action or proceedjury. Ibid. ~ 10. ing in any of said courts, except the municipal court of the city of Boston, and except as provided in section eight, any party thereto may demand a trial by jury, in writing, which shall be granted by said court. If neither party demand a trial by jury, the right to have such trial shall be taken to be waived. Where a jury is claimed under this act, the provisions of chapter one hundred and thirty-two of the general statutes, and of all acts in amendment thereof, shall be applicable to the proceedings incident thereto, and the clerk of each of said courts shall have all the powers and perform all the duties devolved in the like case upon clerks of the superior and supreme judicial court under said chapter. The judgment of said court upon a verdict shall be final, unless exceptions in matters of law are had as hereinafter provided. Provisions of 11. Sections seven, eight, nine, eleven, twelve, twenty-six, forty G. S. 129, ~~ 7, 8, 9, 11, 12, 26, 40, and seventy-eight of chapter one lundred and twenty-nine of the 78, to apply to general statutes, shall apply to civil actions before said courts. civil actions. Ibid. ~ 11. They may at any time require a defendant to file an answer, or order a new trial for any cause for which a new trial may be granted. COURTS. 15 And upon pleas in abatement, or motions to dismiss for defect of form in process, the decision of said courts shall be final. 12. In all civil actions and proceedings in the municipal court Right of appeal. of Boston, appeals shall lie to the superior court in the manner, ~ 12. now provided by law. In each of said courts except the municipal court of the city of Boston, in all civil actions and proceedings, except where a jury trial is had, or where the value of the property replevied or the amount claimed in the writ does not exceed fifty dollars, appeals shall lie to the superior court in the manner now provided by law for taking appeals from the judgments of justices of the peace. In actions and proceedings where trial by jury is had, exceptions from each of said courts in matters of law shall lie to the superior court for the county, shall be entered at the then next existing or next ensuing term of said court, and shall be heard and determined in the manner, and at times, to be prescribed by general rules of said superior court. Any party deeming.himself aggrieved by such determination, may cause such exceptions to be entered, heard and determined in the supreme judicial court, under the same condlitions, in the same manner, and with the same effect, as if said exceptions had originally been taken and allowed in the superior court; provided, however, that where such exceptions are sustained by the superior court, the cause shall be at once remanded to the muncipal court for a new trial; and provided, further, that in all cases of exceptions or appeals on matters of law, if the judgment or rulings of the municipal court, being affirmed by the superior court, are also affirmed by the supreme judicial court, the prevailing party shall recover double costs unless the supreme judicial court shall otherwise order. 13. Section four of chapter two hundred and seventeen, of the Repeal ofl862 217, ~ 4. acts of one thousand eight hundred and sixty-two, and all other Ibid. ~ 13. acts or part of acts authorizing the removal of actions from the municipal court of Boston to the superior court, are repealed, except where the title to real estate is put in issue. 14. A court is hereby established in that portion of the city Municipal court of Boston lately known as the town of West Roxbury, and now West Rox. forming ward seventeen of said city, under the name of the Ibid. ~ 14. municipal court of the West Roxbury district, and the territory now comprised within the limits of said ward shall constitute a judicial district under the jurisdiction of said court. 16 COURTS. Brighton dis- A court is hereby established in that portion of the city of trict court. 1874, c. 271, ~ 14. Boston lately known as the town of Brighton, and now forming ward nineteen of said city, under the name of the municipal court of the Brighton district, and the territory now comprised within the limits of said ward shall constitute a judicial district under the jurisdiction of said court. South Boston A court is hereby established in South Boston, under the name district courtof the municipal court of the South Boston district, and ward twelve of the city of Boston, and so much of ward seven of said city as lies eastward of Fort Point Channel, shall constitute a judicial district, under the jurisdiction of said court. East Boston A court is hereby established in East Boston, under the name of district court. the municipal court of the East Boston district, and ward one of the city of Boston and the town of Winthrop shall constitute a judicial district under the jurisdiction of said court. Jurisdiction of Each of the said courts shall have the same original and exclucourts. sive criminal and civil jurisdiction within its said district, and the same concurrent criminal jurisdiction with the superior court, and shall have the same concurrent civil jurisdiction with the superior court, or with any other municipal, district or police court, or justice of the peace, and shall have the same power and authority, and perform the same duties, and be subject to the same provisions, as the respective municipal courts herein before mentioned (other than the municipal court of the city of Boston) now have or are subject to, either by virtue of this act or any existing provisions of law. And all provisions of law relating to criminal and civil proceedings, the taxation of costs, the payment of fines, the expenses of court, the accounting and settling with the city, county or town treasurers for money paid into court as forfeitures or otherwise, and all returns or requirements of law, now applicable to the existing municipal courts herein before mentioned (other than the municipal court of the city of Boston), shall apply to the courts hereby established. Concurrent 15. The several courts herein named or established shall have jurisdiction concurrent over all waters, islands and places, not with superior court over included in any district herein defined, which are now within the waters, etc., not jurisdiction of the superior court for the county of Suffolk: included in any district. excepting, however, the city of Chelsea and the town of Revere. Ibid. ~ 15. COURTS. 17 16. Each of the courts hereby established shall consist of one Each court to consist of one standing justice and two special justices, to be appointed, commis- standing, and sioned and qualified pursuant to the constitution and laws of the two special justices. Commonwealth, each of whom may issue warrants. And no jus- 1874, c. 271, ~ 16. tice of the peace shall be allowed any fee for warrants issued within any of said districts. 17. The standing justice of the municipal court of the South Salaries of justices of South Boston district shall receive an annual salary of two thousand Bostoi,,East dollars, and the standing justices of the municipal courts of the Boston, West Roxbury and East Boston district, of the West Roxbury district and of the Brighton disBrighton district, shall severally receive an annual salary of one tricts. thousand six hundred dollars, to be paid from the treasury of the ~ Commonwealth. The compensation of the special justices for duties performed by them, in case of the sickness, interest, absence or other disability of the standing justice, shall be paid by the standing justices as provided by section fourteen, chapter four hundred and sixteen of the acts of one thousand eight hundred and sixty-nine. 18. The annual salary of the standing justice of the said mun- Salaries of justice and clerk of nicipal court of the Charlestown district, shall be two thousand Charlestown dollars, and the annual salary of the clerk of said court shall be district. Ibid. ~ 18. one thousand five hundred dollars, the same to take effect from the first day of January eighteen hundred and seventy-four. 19. There shall be a clerk of each of the courts hereby estab- Clerks to be aplished, who shall be appointed and commissioned by the governor, pointed by l who shall be appointedand commissioned by thegovernor. for the term of five years. Said clerks shall severally perform all the Ibid. ~ 19. duties and have all the powers now belonging to the clerks of the municipal courts first hereinbefore mentioned, and shall receive for annual salary and clerk-hire the sum of one thousand dollars each, to be paid monthly from the treasury of the Commonwealth, and shall give bonds in the sum of five thousand dollars each for the faithful performance of the duties of said office. 20. The clerk of the municipal court of the city of Boston, for Clerk of munithe transaction of civil business, may, subject to the approval of cipat court of Boston may the justices of said court, or a majority of them, appoint two appoint two assistant clerks, who shall be removable at his pleasure, and for assistant clerks. Ibid. ~ 20. whose doings he shall be responsible. Such assistants may, under the direction of the clerk, perform all the duties which may be performed by the clerk, and shall pay over to him all fees and sums 18 CONSTABLES -EXPENDITURES. 1874, c. 271, ~ 20. received by them as such assistants. The salary of the first assistant clerk shall be at the rate of one thousand eight hundred dollars, and the salary of the second assistant clerk shall be at the rate of one thousand two hundred dollars, by the year, to be paid in the manner now provided by law for the payment of the salary of the assistant clerk of said court for civil business. All proceedings 21. All proceedings duly commenced before any municipal, mencedto be police, district court, trial justice, or justice of the peace, prior to prosecuted and July first, one thousand eight hundred and seventy-four, shall be determined. Ibid.~ i21. prosecuted and determined as though this act had not been passed. When to take 22. SO far as it provides for appointing, commissioning and effect.. 22 qualifying the standing justices, special justices and clerks of the courts hereby established, this act shall take effect upon its passage, and shall take full effect on the thirtieth day of June, one thousand eight hundred and seventy-four. CONSTABLES. 1. Attendance on municipal court, salaries. STATUTES. Justices may 1. The justices of the municipal court of the city of Boston shall designate two designate two constables of said city to attend the sessions of said constables to attend sessions of court for the transaction of civil business, and to serve such precivil terms cepts, orders, and processes issuing therefrom as shall be committed of municipal to them by said justices, or either of them; and said constables court. y 1874, c. 169, ~ 1. shall each receive from the treasury of said city a salary at the rate of twelve hundred dollars a year, to be paid in monthly instalments. EXPENDITURES..1. Towns may appropriate money for centennial observances. STATUTE. Towns may 1. A town may at its annual meeting raise by taxation a sum of raise money by taxation for cen- money not exceeding one-tenth of one per cent. of its assessed tennial celebrations. valuation, for the year last preceding, for the purpose of cele1874, c. 112, ~ 1. FERRIES. 19 brating any centennial anniversary of its own incorporation, or for the purpose of celebrating the one hundredth anniversary of the declaration of independence. FERRIES. STATUTE. 2. To file description of land, etc. 1. City may take land for slips. Damages to be paid. STATUTES. 1. The city of Boston may take and hold, by purchase or other- City may take wise, so much of the land, fiats, docks, and wharves lying easterly land for Ea andt of Atlantic avenue and between Commercial wharf and India Boston ferrywharf, as it may deem necessary for the purposes of a landing for boats. the East Boston ferry-boats, for the erection of such buildings and other structures as may be necessary or suitable to such landing, and for convenient access thereto: provided, that so much of said Proviso. property as cannot be obtained by purchase shall be taken by said city of Boston within two years firom the passage of this act. 2. The city of Boston, within sixty days from the time when it To file a detakes any parcel or parcels of land, fiats, docks, or wharves under lscrition of the this act, shall file in the office of the register of deeds for the registry of county of Suffolk, and cause to be recorded a description of the Ibid. ~2. property so taken, as certain as is required in a common conveyance of land, with a statement of the purpose for which it is taken, which description and statement shall be signed by the mayor of the city; and the city of Boston shall be liable to pay all damages Liabilityfor that may be sustained by any person or persons by reason of the damages. taking of the property aforesaid; such damages to be ascertained and determined in the manner provided for ascertaining and determining damages in case of laying out, altering, or discontinuing ways within the said city of Boston. 20 FIRE - HARBOR. FIRE. STATUTE. 1. Engines not to be obstructed in streets. STATUTE. Penalty for wil- 1. Whoever wilfully and maliciously obstructs or retards the ful obstruction of the engines. passage of any engine or other apparatus of any fire department, 1874, c. 37. while going to a fire through any street, lane, alley, or other way, shall be punished by imprisonment in the house of correction, not exceeding three months, or by fine not exceeding fifty dollars. HARBOR. STATUTE. 3. State to defend where right to 1. Mystic river lines. dredge is denied. 2. South bay to be dredged, etc. 4. Legal rights not to be affected. STATUTE. Harbor line 1. No wharf, pier, or other structure shall be extended into or established on the south chan- over tide-water in the south channel of Mystic river, between the nel of Mystic northwesterly corner of the sea-wall of the United States navy river. 1874,c. 302, ~1. yard and the present harbor line at the westerly end of said channel, from the southerly bank of said river beyond the line hereinafter defined. The line on the southerly side of the south channel of Mystic river begins at the northwesterly corner of the sea-wall of the United States navy yard and runs westerly in a straight line to the present northwesterly corner of Holmes' wharf; thence continues westerly in a straight line to the present northeasterly corner of Stone's wharf; thence continues westerly, following and coinciding with the northerly face of said Stone's wharf, and continues in the same direction to the present northeasterly corner of Clark and Smith's wharf; thence continues westerly in a straight line to a point in the present harbor line at the westerly end of said south channel, and distant one hundred and fifty feet southerly from the northwesterly corner of said channel, as said channel is defined in HEALTH. 21 chapter four hundred and eighty-one of the acts of the year eighteen hundred and fifty-five. 2. The board of harbor commissioners is authorized to license Harborcommissioners may liany person or corporation to dredge out and otherwise excavate ense the dredgany portion of South Bay lying northwesterly of the Boston, ing out of portion of South Hartford & Erie Railroad and outside of existing harbor lines, as Bay. now established by law, and northeasterly of any extension of 1874, c399, ~ 1. Swett street hereafter made in an easterly direction, to a depth not exceeding twelve feet at mean low water within such limits, in such manner and to such extent as said board of harbor commissioners by such license shall determine and prescribe for the purpose of deepening and improving the navigation of South Bay. 3. The attorney-general of the Commonwealth is directed on Attorney-genthe request of the board of harbor commissioners to appear and in serl to appear prosecute or defend in any suit that may be brought to prevent or to contest right contest in any form the right to dredge out or otherwise excavate tcdredge out, any portion of South Bay outside of the aforesaid lines, and a Ibid.~ 2. license granted as herein before provided. 4. Nothing contained in this act shall affect or take away the Legal rights not legal rights of any person or corporation. bid. cted. HEALTH. STATUTE. 2. Expenses to be paid by patients. 1. Board of Health to have charge 3. Transportation of offal of cattle. of small-pox cases in certain events. STATUTES. 1. In any case arising under the provisions of the twenty-sixth Board of Health to retain charge chapter of the General Statutes and the acts in addition thereto, of case, to ex-. in which the board of health shall have acted, said board of health clusion of overseers of the shall retain charge of the same to the exclusion of the overseers poor. of the poor of any city or town. G. S. 28. 1874, c. 121, ~ 1. 2. All reasonable expenses which have been heretofore, or may Expenses to be hereafter be incurred by the board of health of any city or town, paid by the perin making the provision required by law for any person infected Ibid. ~ 2. 22 MIDDLESEX RAILROAD. 1874, c. 121, ~ 2. with the small-pox, or in any other disease dangerous to the public health, shall be paid by the person himself, his parents, or master, if able; otherwise by the town in which he has a legal settlement, and if he has no settlement in any town, by the Commonwealth, in which case the bills therefor shall be approved by the board of state charities. Transportation 3. Any city or town may, by ordinance or by-law, regulate the of offal may be a regulated by transportation of the offal of slaughtered cattle, hogs, sheep or citiesandtowns. other animals, over, along or through any of the public streets or 1874, c. 225. high ways in such city or town; and may impose fines for the violation of such ordinance or by-law, not exceeding one hundred dollars for each offence. MIDDLESEX RAILROAD. STATUTE. 2. Constructed tracks to be deemed 1. To be subject to general laws. duly located. STATUTE. To be subject to 1. The Middlesex Railroad Company is hereby made subject 1874, c. 106, 1ws. to all provisions of general laws which are in force applicable to street railway corporations, which, so far as inconsistent with its charter and the several amendments thereto, shall be deemed and taken to be in alteration and amendment thereof. Confirmation of 2. All constructed tracks of the said Middlesex Railroad Comlocations. Ibid. ~ 2. pany, locations whereof have been granted by the several cities and towns, or which have been constructed on Charles river bridge and Warren bridge, shall be deemed and taken to be duly located with full power to said company to maintain and use the same: and the several locations granted to said company in the city of Boston since the year eighteen hundred and sixty are confirmed and shall exist subject to the general laws. MILITIA. 23 MILITIA. STATUTES., 4. City to provide armories. 1. Persons to be enrolled. 5. Rents to be certified. 2. Assessors to prepare lists. 6. Claims to be audited. 3. Penaltyfornotinformingassessors. 7. Penalty for false certificates. STATUTE. 1. Every able-bodied male citizen, resident within this state, of Persons to be the age of eighteen years, and under the age of forty-five years, 1874, c. 320, ~ 1. excepting persons exempted by the following sections, idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any infamous crime, shall be enrolled in the militia. Persons so convicted after enrolment shall forthwith be disenrolled; and in all cases of doubt respecting the age of a person enrolled, the burden of proof shall be upon him. 2. Assessors shall annually, in May or June, make a list of per- Assessors to sons living within their respective limits liable to enrolment, and prepare lists. place a certified copy thereof in the hand of the clerks of their respective cities and towns, who shall place it on file with the records of such city or town, and annually, in May, June or July, transmit returns of the militia thus enrolled to the adjutant-general. 3. Keepers of taverns or boarding-houses, and masters and Penalty for not informing assesmistresses of dwelling-houses, shall, upon application of the assess- sors. ors within whose bounds their houses are situated, or of persons Ibid. ~ 3. acting under them, give information of the names of persons residing in their houses liable to enrolment or to do military duty; and every such person shall, upon like application, give his name and age; and if such keeper, master, mistress or person refuses to give such information, or gives false information, such keeper, master or mistress shall forfeit and pay twenty dollars, and such person shall forfeit and pay twelve dollars, to be recovered on complaint of either of the assessors. 4. The mayor and aldermen and selectmen shall provide for City to provide armories. each company and cadet corps of the volunteer militia within the Ibid. ~ 83. limits of their respective cities or towns a suitable armory, for the deposit and safe-keeping of the arms, equipments, uniforms and other military property furnished it by the state, and for the purposes of drill, and shall also provide suitable places for the parade, 24 MILITIA. 1874, c. 320, ~ 83. target practice and company drill of the militia belonging to their respective cities and towns. They shall also provide for the headquarters, located within their limits, of each division, brigade, regiment or battalion, a suitable room for the keeping of books, the transaction of business and the instruction of officers. Cities and towns in which companies of militia, cadet corps, or head-quarters of divisions, brigades, regiments or battalions are located, are hereby authorized to raise money, by taxation or otherwise, for the purpose of erecting suitable buildings for the armories of such companies, corps of cadets, or the head-quarters of such divisions, brigades, regiments or battalions. When a company is formed from different places, the location of such armory shall be determined by a majority of its members, subject to the approval of the adjutant-general. Armories provided for the militia shall not be used for any purpose whatever other than the legitimate uses of the companies occupying them, and the commander of any company who shall allow the armory of his company to be let for other than the use of his company, unless by approval of the commanderin-chief, shall be liable to a fine of two hundred dollars, to be recovered, on complaint, by the adjutant-general. Armory rent to 5. The mayor and aldermen of cities and selectmen of towns be certified. Ibid. ~ 84. shall annually, in October or November, transmit to the office of the adjutant-general a certificate, rerified by the oath or affirmation of at least two of their board, showing the name of each company furnished with an armory, and of each division, brigade, regiment, battalion or cadet corps furnished with head-quarters, the amount paid for the rent thereof, and that the rent charged therefor is fair and reasonable, according to the value of real estate in their place. Claims to be 6. The adjutant-general shall annually examine all certificates audited. Ibid. ~85. SO returned to his office, institute any inquiries he deems expedient relative thereto, and allow them, in whole or in part, to an amount not exceeding six hundred dollars for one corps of cadets, company of infantry, artillery or cavalry, and not exceeding three hundred dollars for each division, brigade, regimental or battalion head-quarters. IHe shall, within ten days after such examination, file in the office of the auditor his certificate, stating the sums allowed, the name of the command for whose use each sum is allowed, and the place to which it belongs; and shall thereupon MORTGAGES- PAUPERS. 25 notify the mayor, aldermen or selectmen of the sum allowed to 1874, c. 320, ~ 85. their place, which sum shall be paid upon the warrant of the governor to such mayor and aldermen or selectmen. 7. A city or town receiving from the treasury of the Common- Penalty for false certificates. wealth, by reason of a false return or certificate, under section Ibid. ~ 86. eighty-four, any money to which such place is not entitled, shall forfeit a sum not exceeding four times the amount of money so received. MORTGAGES. STATUTE. 2. Not to affect existing mortgages. 1. To be recorded within fifteen days. 3. When act shall take effect. STATUTE. 1. No mortgage of personal property made after this act takes Mortgages of personal prop. effect, except such as are mentioned in section two of chapter one erty to be rehundred and fifty-one of the General Statutes, shall be valid as corded within fifteen days of against any other person than the parties thereto, unless the same date. is recorded within fifteen days after the date thereof, or the property 1874, c. 111, ~ 1. mortgaged is delivered to and retained by the mortgagee. 2. This act shall not be construed as giving any effect to unre- Not to give ef. fect to unrecorded mortgages which they do not now possess by law. corded mort3. This act shall take effect on the first day of July next. gages which they do not now possess. Ibid. ~ 2. PAUPERS. STATUTES. 3. Existing cases not affected. 1. Five years' residence and two 4. Not to apply to lunatics. years' taxes paid. 5. Provision for temporary relief in 2. Woman's settlement. Boston. STATUTES. 1. Any person of the age of twenty-one years who.resides in Settlement any place within this state for five years together and pays all gained by five years' residence state, county, city or town taxes duly assessed on his poll or estate and paying 26 POLICE. taxes for three for any three years within that time shall thereby gain a settlement years. 1874. c. 274, ~ 1. in such place. Settlement 2. Any woman of the age of twenty-one years who resides in gained by a woman by five any place within this state for five years together without receiving years' residence relief as a pauper shall thereby gain a settlement in such place. and not receiv'g relief as pauper. The first section of the three hundred and ninety-second chapter of Ibid. ~ 2. the acts of eighteen hundred and seventy is hereby repealed. Existing settle- 3. No existing settlement shall be changed by any provision of ment not changed, unless, this act unless the entire residence and taxation herein required etc. accrues after its passage; but any unsettled person shall be deemed Ibid. ~ 3. to have gained a settlement' upon the completion of the residence and taxation herein required, though the whole or a part of the same accrues before the passage of this act. Provisions not 4. The provisions of this act shall not apply to any person who to apply to in- at the date of its passage is an inmate of either of the state lunatic mates of lunatic hospitals, etc. hospitals, the asylum for the insane or the state almshouse at Ibid. ~ 4. Tewksbury, the state workhouse, or the state primary school, until such person has been duly discharged from said institution. Temporary re- 5. The city council of the city of Boston may appropriate out lief for the poor of Boston. of any funds in its treasury not otherwise appropriated, or raise by 1874, c. 374, ~ 1. taxation and appropriate, such amounts as they may by vote determine for temporary aid to the poor; the same to be expended in such manner as they may by vote determine; but the amount thus appropriated in any one year shall not exceed one fifteen-hundredth of one per cent. of the valuation of said city for the current year; and the city council shall keep a separate account of all money appropriated under this act. POLICE. STATUTES. 4. May arrest for non-payment of 1. Police for railroad corporations. fare. 2. To wear badges. 5. Compensation to be paid by rail3. May arrest without warrant. road companies. STATUTE. Railroad police 1. The selectmen of any town or the mayor and aldermen of officers to be ap. pointed.tobp any city may, upon the petition of any railroad corporation having 1874, c. 372. ~ 143. POLICE. 27 a passenger station within the limits of such town or city, appoint 1874, c.372,~143. as many as they may deem proper of the persons in the employ of said corporation police officers, to act as railroad police, for the purposes and with the powers hereinafter set forth. A copy of the record of the appointment of any railroad police officer shall be filed by the clerk of the corporation upon whose petition such order is made, with the clerk of each town or city through or into which such railroad extends, and in which it is intended that such police shall act; and the filing of such order shall constitute the persons named therein railroad police within such towns or cities. Such police officers shall hold their offices during the pleasure of the selectmen or mayor and aldermen by whom they are appointed: provided, that when any corporation shall cease to require the services of any of the railroad police appointed upon its petition, it may file a notice to that effect in the several offices in which notice of such appointment was originally filed, and thereupon the power of said officer shall cease. 2. Every officer of the railroad police shall, when on duty, To wear badges. except as a detective, wear in plain view a metallic badge, inscribed with the words " Railroad Police," and the initials or.name of the corporation for which he is appointed. 3. Officers of the railroad police may preserve order within and May arrest disorderly persons upon the premises and upon the cars of the corporation upon without a warwhose petition they are appointed; they may arrest without a rant. written warrant all idle, intoxicated, or disorderly persons fre- Ibid. ~ 145. quenting such premises or cars, and obstructing or annoying by their presence or conduct, or by profane or indecent language or behavior, travellers using the same, and may take the persons so arrested to the nearest police station or other place of lawful detention. 4. Whenever any passenger upon a railroad train refuses to pay May arrest passenger for refushis fare, or behaves in a noisy or disorderly manner, any railroad ing to pay fare. police officer may arrest him without a written warrant and remove Ibid. ~ 146. him to the baggage or other suitable car of such train, where such officer may confine him until the arrival of the train at some station where he can be placed in charge of an officer who shall take him to a place of lawful detention. 5. The compensation of all railroad police shall be paid by the Compensation to be paid by corporations upon whose petition they are respectively appointed, corporation. Ibid. ~ 147. 28 PRINTING. 1874, c. 372,~147. And such corporations shall be liable to parties aggrieved by any official misconduct of such railroad police to the same extent as for the torts of agents and servants in their employ. PRINTING. ORDINANCES. 2. City Documents may be sold. 1. City Documents, care and custody of. ORDINANCES. 1 Care and cus- SECTION 1. The Joint Standing Committee of the tody of City Documents. City Council on Printing shall, except when otherSept. 29,1874. wise specially ordered by the City Council, designate the number of public documents, books, or pamphlets, the printing of which for the use of the City Council has been or may be, from time to time, duly authorized. And the City Messenger shall, subject to such rules and regulations as the said committee may adopt, have the care, custody, and distribution of said documents, books, and pamphlets. All documents, books, or pamphlets printed for the use and at the expense of the several executive departments of the city government shall be under the care and custody of the heads of the departments for which they are printed, subject, however, at all times, to the control of the City Council. Sale of City SECT. 2. The ordinance in addition to an ordinance Documents allowed. relating to printing, passed the 29th of September, Dec. 8,184. A.D. 1874, is hereby amended by inserting in the'An ordinance in addition to an ordinance in relation to Printing, passed September 29, 1874. An ordinance to amend an ordinance in addition to an ordinance in relation to printing, passed Dec. 8, 1874. PROBATE- SCHOOLS. 29 first section, after the words "distribution of said Dec. 8s1874. documents, books, and pamphlets" the words, " p ovided, that said committee may authorize the sale, at an approximate cost price, of any surplus bound copies of any of such documents, books, or pamphlets." PROBATE. 1. Amount necessary for recording proceedings. STATUTE. Court to deter1. The probate court of the county of Suffolk may from mine amount time to time determine the amount necessary to pay the ex- payforrecordpense of recording probate proceedings in said county, and the ing probate pro. same shall be payable from the treasury of the county of Suffolk folk. upon the order or decree of the court in the sums and to the per- 1874, c.361, ~ 1. sons named in such order or decree: provided, however, that such expense shall not exceed the sum of twelve hundred dollars in any one year. SCHOOLS. STATUTES. 5. Superintendent of schools. 1. Women to serve on committee. 6. Land taken for school sites. 2. Boston Normal School made 7. Repeal of former acts. valid. 8. School registers and returns..?. School attendance. 9. Children of school age, certificate. 4. Truancy, warrants. 10. Repeal of former acts. STATUTES. 1. No person shall be deemed to be ineligible to serve upon a Women may serve on school school committee by reason of sex. committee. 1874, c. 389. 30 SCHOOLS. Establishment 2. The action of the city council and of the school committee of Boston Normal School rati- of the city of Boston, in establishing and maintaining the school, fled and made called the Boston Normal School, is ratified, confirmed, and made valid. 1874, c. 167, ~ 1. valid, to the same extent as if, prior to the establishment thereof, and during its] continuance, and at the present time, the said city council and said school committee, or either of them, had authority to establish and maintain the same; and the said school committee shall have the same power to maintain and continue the said normal school as they have now to maintain and continue the other public schools of said city. Amendment to 3. Section one of chapter two hundred and seventy-nine of the 1873, c. 279, ~ 1. 1874, c. 233, ~ 1. acts of the year eighteen hundred and seventy three, is amended as follows: Strike out the word "twelve," in the first clause, and instead thereof insert the word "fourteen"; and at the end of said clause -after the word." weeks" add "which time shall be divided into two terms each, of ten consecutive weeks, so far as the arrangement of school terms will allow." Amendment to 4.- Section two of chapter two hundred and sixty-two of the 1873, c. 262, ~ 2. Ibd, c~ 2. acts of eighteen hundred and seventy-three is hereby amended, so Ibid. ~ 2. etse r as to authorize truant officers to serve all legal processes issued by the courts in pursuance of said act, but they shall not be entitled to or receive any fees therefor. School commit- 5. The school committee of any city may appoint and fix the tee of a city may appoint super- compensation of a superintendent of public schools, a majority intendent of vote of the whole board being necessary for that purpose; and in schools and fix compensation. every city where a superintendent is appointed, the school com1874, c. 272, ~ 1. mittee shall receive no compensation. Damages for 6. When land has been designated by a city council, town, land taken for school-houses, school district, or those acting under its authority, or determined 1874, e. 342, ~ 1. upon by the mayor and aldermen of a city, or by the selectmen of a town, as a suitable place for the erection of a school-house and necessary buildings, or for enlarging a school-house or schoolhouse lot, the mayor and aldermen, or the selectmen, may proceed to select at their discretion, and to lay out a school-house lot, or an enlargement thereof, and to appraise the damages to the owner of such land in the manner provided for laying out town ways and appraising damages sustained thereby; and upon such selection and laying out of such lot, or any enlargement thereof, being accepted and adopted by the city council, or the town, the land SCHOOLS. 31 shall be taken, held, and used for the purpose aforesaid. But no 1874,c. 342, ~ 1. lot so taken or enlarged shall exceed in the whole eighty square rods, exclusive of the land occupied by the school buildings. 7. Section thirty-eight of chapter thirty-eight of the General Repeal of G S. Statutes and chapter twenty-six of the acts of the year eighteen hundred and sixty-nine are hereby repealed, but such repeal shall not affect any act done, or apply to any proceedings had or commenced before this act shall take effect. 8. The school committees shall annually, in the month of May, School commit. tee to make a ascertain, or cause to be ascertained, the names and ages of all record of all persons belonging to their respective towns and cities, on the first children between ages of day of May, between the ages of five and fifteen years, and make five and fifteen. a record thereof. 1874, c. 303, ~ 1. 9. The school committee shall annually, on or before the last To certify num. ber of children; day of the following April, certify, under oath, the numbers so also sum raised ascertained and recorded, and also the sum raised by such city or for support of schools. town for the support of schools during the preceding school year, Ibid. ~ 2. including only wages and board of teachers, fuel for the schools, and care of the fires and school-rooms, and they shall transmit such certificate to the secretary of the board of education. The form of such certificate shall be as follows, to wit:We, the school committee of do certify that on the first day of May, Form of certificate. in the year, there were belonging to said town the number of persons between the ages of five and fifteen; and we further certify that said town raised the sum of dollars for the support of public schools for the preceding schlool year, including only the wages and board of teachers, fuel for the schools and care of fires and school-rooms; and that said town maintained, during said year, each of the schools required to be kept by the first section of the thirty-eighth chapter of the General Statutes for a period not less than six months; and we further certify that said town maintained during said year school for the benefit of all the inhabitants of the town as required by section two of chapter thirty-eight of the General Statutes for months and days School Committee. [ss.] On this day of personally appeared the above-named school committee of and made oath that the above certificate by them subscribed, is true. Before me. Justice of the Peace. 32 SIDEWALKS - STATE AID. Repeal. 10. Section three of chapter forty of the General Statutes, and 1874, c. 303, ~ 3. section four of the same chapter, as amended by section two of chapter one hundred forty-two of the acts of one thousand eight hundred and sixty-five are repealed. SIDEWALKS. STATUTE. 2. Applies to towns which accept. 1. Abutter may pay not exceeding 3. Not to apply to existing sidewalks. one per cent., etc. STATUTE. Abutter not to 1. Chapter three hundred and three of the acts of eighteen be assessed exceeding one per hundred and seventy-two is amended so as to provide that no abutcent of valua- ter shall be assessed for the expense of any sidewalk a sum extion of estate. 1i74, c. 107, ~ 1. ceding one per cent. of the valuation of his estate abutting on such sidewalk as fixed by the annual assessment last preceding the construction of such sidewalk. Provisions ex- 2. The provisions of chapter three hundred and three of the tended to towns accept'g the act. acts of eighteen hundred and seventy-two, as amended by the first Ibid. ~2. section of this act, are extended to any town accepting the same at an annual meeting; and the authority conferred by said act upon the mayor and aldermen of cities is conferred upon the selectmen of such town. Not to apply to 3. The provisions of this act shall not apply to any sidewalk sidewalk now constructed. now constructed according to the provisions of chapter three Ibid. ~ 3. hundred and three of the acts of eighteen hundred and seventytwo, nor to any city unless accepted by the city council thereof. STATE AID. 1. Extension of time for assistance. STATUTE. Time extended 1.'The operation of chapter one hundred and seventy-two of for payment of state aid to dis-. the acts of the year eighteen hundred and sixty-six, and chapter abled soldiers one hundred and thirty-six of the acts of the year eighteen hundred and sailors. 1874,. 33s0. and sixty-seven, so far as they provide for the payment of state STONY BROOK. 33 aid to disabled soldiers and sailors and their families, and the fam- 1874. c. 330. ilies of the slain residing in this Commonwealth, is hereby extended to the first day of January in the year eighteen hundred and eighty: provided, that the decease of a soldier or sailor who was or shall be in receipt of a pension from the United States, and state aid at the time of his death, shall not prevent his family from receiving state aid under this act; and provided, further, that city and town authorities shall withhold the aid when, in their judgment, any person who is in receipt of a pension from the United States is not in necessitous circumstances or sufficiently disabled to prevent him from pursuing his ordinary and usual vocation. STONY BROOK. STATUTE. 6. Apportionment of assessments. 1. Obstructions to be removed and 7. May be determined by a jury. land taken. 8. Brook to be controlled by city. 2. Award of damages. 9. Inflowing streams not to be af3. Appeal to a jury. fected. 4. Damages and assessments. Boston Belting Company. 5. Assessments to constitute a lien on estates. STATUTE. 1. The cityT of Boston, for the purpose of surface drainage, may Boston may remove obstrucremove obstructions in or over Stony Brook and the tributaries tions inbston y thereof, so far as the said brook and tributaries flow within the Brook, 1874, c. limits of said city; may divert the water, and alter the course and 196, ~ 1.. deepen the channel thereof; and the more effectually to make said improvements, may take or purchase land, not exceeding four rods Maytake land in width, on either side of the present channel of said brook and on either side of channel. of its tributaries, or of any channel into which said waters may be diverted within the limits of said city. Said city shall, within sixty days from the time they shall take any of said lands, file in To file in registry of deeds a the office of the registry of deeds for the county of Suffolk a de- description of scription of the land so taken, as certain as is required in a com- landtaken. mort conveyance of land, and a statement that the same are taken in pursuance of the provisions of this act; which statement shall 34 STONY BROOK. 1874, c. 196, ~ 1. be signed by the mayor of said city; and the title to all land so taken shall vest in said city. Damages to be 2. Any person injured in his property by any of the acts done awarded by board of alder. by said city, under the first section of this act, shall, upon applimen. cation to the board of aldermen of said city, have compensation Ibid. ~ 2. therefor, the amount thereof to be determined by said board of aldermen. And said board of aldermen shall finally adjudicate upon the question of damages, within thirty days after the filing of said application, unless the parties agree in writing to extend the time. In case damages are awarded, payment shall be made forthwith by said city. If applicant for 3. If the applicant is aggrieved, either by the estimate of his damages is ag- damages, or by a refusal or neglect within thirty days to estimate grieved, be may n apply for a jury. the same, he may, within three months from the expiration of said Ibid. ~ 3. thirty days, or of the extended time as provided in the second section, apply for a jury and have his damages assessed in the manner provided when land is taken in laying out highway-s. If the damages are increased by the jury, the damages and costs shall be paid by the city, otherwise the costs arising on such application shall be paid by the applicant. Damages to be 4. All the expenses of improving said brook and its tributaries, paid by city. Ibid. ~ 4. authorized by this act, including all damages paid under the preceding sections, shall be paid by said city. But the board of Estates may be aldermen of said city may assess upon the estates bordering upon assessed for betterments. said brook, as the same now is or shall be after said improvement, and its tributaries, the expenses incurred by them, in proportion to the benefit which they may adjudge said estates to have received by said improvements. Assessments to 5. All assessments made under the fourth section of this act constitute a lien on the real es- shall constitute a lien on the real estate assessed for one year after tate. they are laid, and may, together with all incidental costs and Ibid. ~ 5. expenses, be levied by sale thereof (except as provided in the sixth section of this act), if the assessment is not paid within three months after a written demand of payment, made either upon the person assessed, or upon any person then occupying the estate, or posted upon the premises; such sale to be conducted in like manner as sales for the non-payment of taxes. Assessments 6. If the owner of any estate, assessed as provided in the fifth may be apportioned if section, desires to have the amount of said assessment apportioned, STREETS. 35 he shall give notice thereof in writing to the board of aldermen, owner desires. 1874, c. 196, ~ 6. at any time before or within twenty days after a demand is made upon him for the payment thereof; and said board of aldermen shall thereupon apportion the said amount into three equal parts, which apportionment shall be certified to the assessors, and the assessors shall add one of said equal parts to the annual tax of said estate each year for the three years next ensuing. 7. Any person aggrieved by the assessment made under the Person ag. grieved may fourth section of this act, may, within three months after a written petition for a demand for payment, as provided in the fifth section of this act, jury. petition for a jury in the same manner as appeals are made when ~ 7 land is taken in laying out highways. If the assessment is not confirmed by the jury, the costs of the application shall be paid by the city; otherwise the same shall be paid by the applicant. 8. When the improvements authorized by this act shall have Brook in the been completed, that part of Stony Brook and its tributaries city to be under control of the flowing within said city shall be and remain under the control of city. said city. Ibid. ~ 8. 9. This act shall not be construed to authorize the said city to Streams oflowing restrain or dam up any of the streams now flowing into Stony tobe restrained. Brook or into the tributaries thereof. Neither shall it authorize Ibid. ~ 9. any interference with the estate owned by the Boston Belting Boston Belting Company, or its rights in said brook as to the use and purity of its Company. waters. STREETS. STATUTES. 9. Extent of solid filling on flats. 1. Parker street, repairs. Convey- 10. Commencement and completion ance of to city. of bridge. 2. Foot-ways may be laid out. 11. Highways may be laid out under 3. Avenue to Cambridge. G. S. c. 43. 4. Bridge to be made of iron and 12. Highways so laid out, unless stone. stated otherwise. 5. Cities may take land for bridge 13. South Bay bridge, time of conand avenue. struction. 6. Expense of construction, how 14. May be made solid, etc. borne. 15. Grade of street over R.R. tracks. 7. Cities to share expense of draw. 16. Railroad to change grade, etc. 8. Bridge to be eighteen feet above 17. S. J. C. to enforce orders. Boston & Albany R. R. tracks. 18. City may agree with railroad co. 36 STREETS. ORDINANCE. Street cars to be kept thirty feet Rates of speed regulated. apart. ORDERS. Horses may be fed in streets. STATUTES. Parker street in 1. The commissioners of public lands shall have full power and Boston to be repaired. authority, with the approval of the governor and council, to act for 1874, c. 286, ~ 1. and in behalf of the Commonwealth in causing that portion of Parker street, in the city of Boston, which belongs to the Commonwealth, or any part thereof, to be placed in a condition safe and convenient for the public travel, and in repairing, and widening and grading said portion of that street, or any part thereof, as they may deem the interest of the public may require. And said Street may be commissioners shall have full power and authority to convey the conveyed to the city of Boston. interest of the Commonwealth in said street, or any part thereof, to the city of Boston, upon such terms as may be agreed upon between them and said city, or the said commissioners may discontinue portions of the said street as contemplated by the plan accompanying the tripartite indenture of December thirty-first, eighteen hundred and sixty-four, between the Commonwealth, the Boston Water Power Company, and the city of Boston, and convey the same to abutting parties on such terms as the governor and council shall approve, and generally to act for the Commonwealth Expense of im- in all matters pertaining to said interests therein. The expense of provement. said improvement shall be paid from the moiety of the proceeds of sales of lands in the Back Bay applicable to filling and improvements, and the same is hereby appropriated. Towns and 2. Town and cities by their proper officers may lay out foot-ways cities may lay out footways. for the use of the public in their respective towns and cities. All 1874, c. 299, ~ 1. proceedings in reference to laying out and establishing such footways, the acceptance thereof, and the assessment and award of damages sustained by any person in his property shall be in conformity with the provisions of law applicable to the laying out and establishing of town ways. Boston and 3. The cities of Boston and Cambrldge are authorized, subject Cambridge may construct a new to the provisions of the one hundred and forty-ninth chapter of the acts of the year eighteen hundred and sixty-six to construct a bridge STREETS. 37 and avenue as hereinafter provided across Charles river from a avenue and bridge. point on Beacon street in Boston, to a point in Cambridge west 1874, c. 314, ~ 1. of the westerly line of the lands of the Boston and Albany Railroad. The location of said bridge and avenue shall be determined by the city councils of said cities, subject to the approval of the board of harbor commissioners, and subject, moreover, to this limitation, namely, that the line thereof shall not be northeast of a line drawn from the junction of Beacon street and West Chester Park in Boston, to the junction of Front street, in said Cambridge, extended with said lands of the Boston and Albany Railroad; nor southwest of a line from the junction of Beacon street, Brookline avenue and Brighton avenue in Boston, to; Putman avenue, at its junction with said lands of the Boston and Albany Railroad in Cambridge. Said bridge shall have a draw with a clear opening of at least thirty-six feet in width for the passage of vessels. 4. Said bridge shall be firmly constructed of iron resting upon Bridge to be built of iron stone piers and abutments; the piers and abutments to be of such with stone abutsize, shape and construction, and to be at such distances from each ments. other as the harbor commissioners, upon application made by said ~ cities, upon such notice as said commissioners deem proper and after a hearing thereon, shall determine and certify to each of said cities, and no piers shall be built except in accordance with such certificate. In making such determination and certificate, said commissioners shall have reference to the use of the river for pleasure-boating by row-boats, as well as for other purposes. Said avenue within the harbor-lines may be constructed of solid filling with the approval of said board of harbor commissioners. 5. Each city may within its own limits purchase or otherwise Each city may take land for the take lands not exceeding one hundred feet in width for said bridge purpose. and avenue, and all the proceedings relating to such taking shall Ibid. ~ 3. be the same as in the case of land taken for highways within said cities respectively, with like remedies to all parties interested; and betterments may be assessed for the construction of said bridge and avenue in each city in like manner as for the laying out of highways, under the betterment acts in force in each city, respectively, with like remedies to all parties interested. 6. Each of said cities shall bear the expense, including land Expense of construction and damages, of constructing such part of said bridge and avenue as land damages. lies within its own limits; excepting that the expense of construct- Ibid. ~ 4. 38 STREETS. 1874, c. 314, ~ 4. ing so much thereof, including the draw, as shall lie between the harbor lines, shall be borne equally by both cities. And the care and management of said bridge and draw shall be vested in the board of commissioners provided clfor in section six of chapter three hundred and two of the acts of the year eighteen hundred and seventy. Expense of 7. Such bridge and avenue when completed shall be a public maintenance to be borne by the highway and the expense of maintaining the bridge and draw, and two cities equal- keeping the bridge and draw in repair, and affording all proper and ly. Ibid. ~5. necessary accommodation for the passage of vessels through the bridge by day or night, shall be borne equally by said cities, and said cities shall be joinfly liable for all damage resulting from any defect or want of repair in said bridge or draw by carelessness or neglect in the care of said bridge and draw. Bridge tobe 8. Where said bridge and avenue cross the Boston and Albany eighteen feet Railroad, it shall be at such grade as will leave a clear opening of above tracks of RdIng Boston & Al- not less than eighteen feet above the tracks of said railroad as now bany R. R. laid, of sufficient width to permit the operation of a double track. Ibid. ~ 6. The expense of the necessary and convenient abutments at such crossing and such retaining walls as may be required on said lands of said railroad shall be equitably apportioned by the board of railroad commissioners between said city of Cambridge and the Boston and Albany Railroad Company. Solid filling 9. In order to decide what part of said avenue shall be mainauthorized by harbor commis- tained by both cities jointly in accordance with the provisions of sioners to be the fifth section of this act, it is hereby determined that the line of limit of bridge. Ibid. ~ 7.dg solid filling authorized by the board of harbor commissioners, as provided in the second section of this act, shall be the limit of the bridge. Bridge to be be- 10. This act shall not authorize the construction of any bridge gun within three years and com- which shall not have been begun within three years, and completed pleted within five years. within five years from its passage. Ibid. ~ 8. Highways may 11. Highways and town ways may be laid out, constructed, albe laid out, etc., tered, widened, graded or discontinued under the provisions of by cities and towns under G. chapter forty-three of the General Statutes, and any general laws S. 43, notwith- in amendment thereof, notwithstanding the acceptance by any city standing their acceptance of or town of any act authorizing the assessment upon estates benebetterment acts. fited of a portion of the cost of such highways or town ways. 1874, c. 275, ~ 1. STREETS. 39 12. Every highway or town way hereafter laid out shall be Highways shall be deemed to be deemed to be laid out under the provisions of said chapter forty- laid out under three of the General Statutes, and any general laws in amendment (. s. 4.3, unless expressly dethereof, unless the order laying out the same expressly declares lared tobe the same to be laid out under the provisions of law authorizing the under betterment act. assessment of betterments. 1874, c. 275, ~ 2. 13. The city of Boston is hereby authorized to lay out the way May lay out and construct bridge and construct the bridge authorized by the seventy-eighth chapter across South of the acts of the year eighteen hundred and sixstynine at any time Bay. 1874, c. 114, ~ 1. within two years from the date of the passage of this act: provided, Proviso. that the way hereby authorized shall not be constructed across any railroad at grade. 14. Said city may, with the consent and approval of the board May construct solid way with of harbor commissioners, construct said way solid, between the consent of hartermini set forth in said act, within such limits, and upon such borcommissioners. terms and conditions as said board of harbor commissioners shall Ibid. ~ 2. determine and prescribe. 15. If any difference of opinion shall arise between the city of Grade of street across South Boston and the New York and New England Railroad Company Bay at crossing with reference to the grade at which the way authorized by the with New York and New Engseventy-eighth chapter of the acts of eighteen hundred and sixty- land Railroad. nine, and by the one hundred and fourteenth chapter of the acts of 1874, c. 387, ~ 1. eighteen hundred and seventy-four, shall cross the tracks of said railroad, or as to the raising or lowering the said way, or the tracks of said railroad, or as to the relative grade of said way and said railroad, either party may apply to the board of railroad commissioners, and thereupon said board shall as soon as possible fix the grade of said railroad at the place where said way shall cross it so as to enable the said city to lay out said way under said railroad at no lower grade, or to lay out said way over said railroad at no higher grade, than the public interests require. 16. The said railroad company shall at its own expense change Railroad to change grade as the grade of said railroad to conform to the grade fixed by said directed by board of railroad commissioners within one year after the fixing commissioners. Ibid. ~ 2. of said grade; and the said city shall build at its own expense an iron bridge for said crossing to the satisfaction of said board, and of sufficient width for a double track, and the expense of maintaining and repairing the abutments of said bridge shall thereafter be borne by said city. 40 STREETS. S. J. C. to have 17. The supreme judicial court shall have jurisdiction in equity jurisdiction in equity. to compel compliance with'all orders, decrees and judgments of 1874, c. 387, ~ 3. the said board of railroad commissioners made under the authority of this act. City and rail- 18. Nothing in this act shall prevent the said city and the said road may enter into an agree- railroad company from entering into an agreement with reference ment, provided. to the grade of said railroad and of said way: provided, said way shall not cross said railroad at grade. ORDINANCE. Rates of speed established. ORDERS. Horses may be fed in streets. I Street cars to be kept thirty feet apart. ORDINANCE. Rates of speed. SECTION 1. The ordinance in relation to streets is Nov. 21, 1874. hereby amended by striking out the thirty-ninth section, and inserting in place thereof the following, namely: Section 39. No owner or other person having for the time being, the care or use of any horse or other beast of burthen, carriage, or draught, shall ride, drive or permit the horse or other beast to go at a greater rate of speed than seven miles an hour, in any of the public streets or ways in the city, except those included within the limits of wards numbered sixteen, seventeen and nineteen. No owner or other person having for the time being, the care or use of any horse or other beast of burthen, carriage or draught, shall ride, drive or permit the horse or other beast, to go at a greater rate of speed than twelve miles an hour, in any of the public streets or ways included, within the limits of wards numbered sixteen, seventeen, and nineteen." 1 An ordinance to amend an ordinance in relation to streets, passed Nov. 21, 1874. Published in Globe, Transcript, Herald and News, Nov. 23, for two weeks. STREETS. 41 ORDER.I Ordered: That the rules and orders of the Mayor Horses attached to licensed veand Aldermen for the regulation of carriages and hiclesmaybe fed in the vehicles, used either wholly or in part within the City streets. of Boston be, and they are hereby amended by striking out the fortieth section, and inserting in place thereof the following, namely: Section 40: No owner or driver of any hackney carriage, truck, wagon, dray, cart, sleigh, sled or any other vehicle whatsoever, with horses or any other beasts harnessed thereto, shall, unless occupying a stand by license from the Board of Aldermen, bait or feed any such beasts in any street, lane, square or alley of the city, under a penalty of not less than two dollars, nor more than fifty dollars for each offence. And no owner or driver of any vehicle, having a license to occupy a stand in any street, lane, square or alley of the city, shall bait or feed his horse or horses or other beasts in any street, lane, square or alley of the city, except in such place as shall be designated by the Superintendent of Hacks or the Superintendent of Trucks and Wagons, and upon the conditions that the horse or horses or other beasts shall be under the care of some suitable person while being baited or fed, and shall be properly secured to prevent them from getting beyond the control of the persons having charge of them. Any violation of the foregoing conditions shall be sufficient cause for the revocation of a license. All vehicles without horses harnessed thereto must be removed from the streets during the night, and on Sundays, otherwise they will be removed by the city at the expense of the owners." I Order passed by Board of Aldermen, Nov. 2, 1874. Published in Journal, Traveller and Post, Nov. 23 and 24, for two weeks. 42 STREET RAILWAYS. ORDER.' Street cars not Section 4 of the Rules and Regulations passed by to approach within 90 feet. the Board of Aldermen of this city, in relation to the 7,1874. use of streets by Horse Railroad Companies, is amended, so as to read as follows:-' SECTION 4. Cars driven in the same direction shall not approach each other within a distance of thirty feet, except in case of accident, when it may be necessary to connect two cars together, and also except at stations." STREET RAILWAYS. STATUTES. 13. Use of tracks and number of 1. Formation of corporations. cars. 2. Items to be named in compact. 14. R. R. commissioners to decide 3. Name of company to be new. disputes. 4. Directors to be subscribers. 15. Capital stock, increase of. 5. Compact to be published. 6. Location of tracks. DOCK SQUARE. 7. Route, etc., to be filed with R. R. Locations revoked, p. 47. commissioners. 8. Certificate to be issued. Fees. METROPOLITAN RAILROAD. 9. Meeting of corporation. Tlirty-seventh location, p. 48. 10. No other railroad companyto take Thirty-eighth location, p. 49. stock. 11. Location of tracks, how ex- SOUTH BOSTON RAILROAD. tended. Tenth location, p. 50. 12. Tracks of otherroads maybeused. STATUTES. Fifteen persons 1. Any number of persons, not less than fifteen, may associate may associate themselves together by articles in writing, with the intention of together by articlesin writing, forming a corporation for the purpose of locating, constructing, to form a street maintaining and operating a street railway for public use in the railway corporation. conveyance of persons; and, upon complying with the provisions 1874, c. 29, ~ 1. 1 Order of the Board of Aldermen passed December 7, 1874. Published in the Globe, Transcript and Traveller, Dec. 10, 1874, for two weeks. STREET RAILWAYS. 43 of section eight of this act, shall, with their associates and suc- 1875, c. 29, ~ 1. cessors, be and remain a corporation, with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in all general laws which now or hereafter may be in force relating to street railway corporations, except as is herein otherwise provided. 2. The articles of association shall set forth the name of the Articles to set forth name of corporation; the termini of the railway proposed to be built; its corporation, length, as near as may be, and the name of each city, town and length of road, amount of capi. county through or into which it will extend; the amount of the tal stock, etc. capital stock of the corporation, which shall not be less than ten Ibid. ~ 2. thousand dollars for each mile; and the names of at least seven persons to act as a board of directors until others are chosen by the corporation. Each associate shall subscribe to the articles, his name, residence, post-office address, and the number of shares of stock which he agrees to take; but no subscriber shall be bound to pay beyond ten per cent. of the amount of his subscription, unless a corporation is duly established under the provisions of this act. 3. The corporate name assumed shall be one not in use by any Name assumed not to be one other street railway corporation in this state, shall contain the used byany words " street railway company " at the end thereof, and shall be other street railway. changed only by act of the legislature. Ibid. ~ 3. 4. The directors shall be subscribers to the articles of associa- Directors tobe subscribers to tion, and a majority of them shall be inhabitants of the cities and articles of assotowns in which said railway may be located. They shall appoint ciation. a clerk, to keep a record of their doings, and a treasurer, who Ibid. ~ 4. shall hold their respective offices until a clerk and treasurer of the corporation are chosen. The directors shall fill any vacancy in Clerk and treastheir board, or in the office of clerk or treasurer, caused by resig- urer. nation, death or other disability. 5. The directors shall cause a copy of the articles of association Articles of association to be to be published in one or more newspapers in each county in which published. the road is proposed to be located, at least once a week for three Ibid. ~ 5. successive weeks, before proceeding to fix the route of said road. The sworn certificate of the clerk shall be evidence of the publication. 6. The board of aldermen of any city, or the selectmen of any Location of tracks. town, may, upon the petition of such directors, or a majority Ibid. ~ 6. 44 STREET RAILWAYS. 1874, c. 29, ~ 6. thereof, locate the tracks of such proposed corporation within their respective jurisdictions; provided, that before proceeding to locate such tracks, they shall give notice to all parties interested, by publication in such newspapers, or otherwise, as they may determine, at least fourteen days before their meeting, of the time and place at which they will consider such location. After a hearing of all parties interested, they shall pass an order refusing such location, or granting the same, or any portion thereof, under such restrictions as they deem the interests of the public may require: and the location thus granted shall be deemed and taken to be the true location of the tracks of the corporation, if its acceptance thereof in writing is filed with said mayor and aldermen or selectmen within thirty days after receiving notice thereof. Whentracks are 7. When the track or tracks of the proposed corporation have located, etc., certificates and map been located as provided in section six of this act, and when the of route to be amount of capital stock named in section two has been subscribed deposited with railroad cornm- to the articles of association in good faith by responsible parties, missioners. and at least ten per cent. of the par value of each and every share Ibid. ~ 7. thereof actually paid in cash to the treasurer of the association, the directors, clerk, and treasurer shall endorse upon the articles of association, or annex thereto, their certificate, setting forth these facts, and that it is intended in good faith to locate, construct, maintain, and operate the street railway fixed as aforesaid, and shall also annex to said articles said certificate of publication and a certificate locating the tracks of said street railway by the board of aldermen or selectmen, and shall present the same to the railroad commissioners, together with a map of the proposed -route, on an appropriate scale; and said map shall be deposited with said commissioners. Certificate to be 8. Whenever it is shown to the satisfaction of the board of railissued by commissioners road commissioners that the requirements of this act, preliminary when require- to the establishment of the corporation, have been complied with, ments of law have been com- the clerk of said board, upon their order, shall endorse upon the plied with. articles of association, or annex thereto, a certificate, setting forth Ibid. ~ 8. the fact that the requirements of the law appear to have been comArticles of asso- plied with. The directors shall thereupon file the articles of assoeiation to be filed in secre- ciation, with all the certificates endorsed thereon or annexed tary's office. thereto, in the office of the secretary of the Commonwealth; who, upon the payment to him of fifty dollars, shall record the same in STREET RAILWAYS. 45 a book to be kept for that purpose, and shall issue a certificate 1874, c. 29, ~ 8. substantially in the following form: — COM3IONEWEALTH OF MASSACHUSETTS. Be it known that whereas [names of the subscribers to the articles of asso- Certificate to be ciation] have associated themselves with the intention of forming a corpora- issued by the secretary of tion under the name of the [name of the corporation] for the purpose of the Commonlocating, constructing, maintaining, and operating a street railway [description wealth. of-the road as in the articles of association] and have complied with the statutes of this Commonwealth in such cases made and provided; now therefore, I [name of the secretary], secretary of the Commonwealth of Massachusetts, do hereby certify that the persons aforesaid, their associates and successors, are legally established as a corporation, under the name of the [name of corporation], with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in all general laws which now are or hereafter may be in force relating to street railway corporations. In witness whereof, I have hereunto subscribed my official signature, and affixed the seal of said Commonwealth, this day of in the year [Day, month, and year.] The certificate, so executed, shall be recorded with the articles Fees to be paid of association; and the original certificate, or a duly certified copy intothetreaof the record thereof, shall be conclusive evidence of the establishment of the corporation at the date of such certificate. All moneys received by the secretary, under this section, shall be included in his quarterly return of fees, and paid into the treasury. 9. The first meeting of the corporation shall be called by a First meeting of the corporation. notice signed by a majority of the directors, stating the time, Ibia. ~ 9. place, and purpose of such meeting; and the clerk shall, seven days at least before the day appointed therefor, deliver to each subscriber, or leave at his usual place of business or residence, or deposit in the post-office, prepaid, and directed to him at his postoffice address, a copy of such notice. The clerk shall make an affidavit of his doings in regard thereto, which shall be recorded with the records of the corporation. 10. No other street railway corporation shall subscribe for, No other street railway to take take, or hold any stock or bonds of any street railway corporation stock or bonds organized under this act, whether directly or indirectly, unless of any railway organized under specially authorized by the legislature. this act. Ibid. ~ 10. 46 STREET RAILWVAYS. Location of 11. The board of aldermen of any city and the selectmen of tracks may be extended by any town may, from time to time, upon petition, authorize and permission of al- empower any street railway corporation, its lessees and assigns, dermen and selectmen. whose charter has been duly accepted, and whose tracks have 1874, c. 29, ~ 11. been located and constructed, to extend the location of its tracks within the territorial limits of such city or town, whenever it can be done without entering upon or using the tracks of any other street railway corporation, under such restrictions as they deem the interests of the public may require. And the location thus authorized shall be deemed and taken to be the true location of the tracks of the corporation, if its acceptance thereof, in writing, is filed in the office of the clerk of such city or town within thirty days after receiving notice thereof. Before acting upon the petition, notice of the time and place of hearing shall be given to all parties interested, by publication, at least fourteen days prior thereto, in such newspapers or otherwise as the board of aldermen or selectmen may determine. Tracks of other 12. Whenever the board of aldermen of any city, or the selectroads may be men of any town, after due notice and hearing, shall decide that used under au- n thority from public necessity and convenience so require, they may authorize aldnleen and and empower any street railway corporation, its lessees and selectmen. Ibid. ~ 12. assigns, whose tracks have been duly located in such city or town, and who own and operate not less than two consecutive miles of track, to enter upon and use with its horses and cars, within defined limits, the tracks of any other street railway corporation therein, which it may meet or cross, subject to the provisions of law relating to such entry and use. Use of tracks 13. The board of aldermen or selectmen may, from time to time, and number of make such regulations as to the manner and extent of use of tracks cars to be run to be regulated by and the number and routes of cars of any and all companies runaldermen and selectmenand ning over the same within their city or town, as the interests of Ibid. ~ 13. public travel shall require. Where track 14. Where the track, operated by a corporation, seeking to sought to be enter upon and use, or sought to be entered upon and used by used is in two or more towns another under the provisions of section twelve of this act, is in two and agreement or more cities or towns, and the selectmen or boards of aldermen is not made, the matter to be of such cities or towns are unable to agree as to the public necesdetermined by sity for such entrance and use, the board of railroad commissioners commissioners. Ibid. ~ 14. shall, upon the petition of either corporation, and after due hearing, STREET RAILWAYS. 47 decide whether such entry and use is required on grounds of public 1874, c. 29, ~ 14. convenience and necessity, and determine the extent of use of tracks, and the number and routes of cars; and the decision of said board shall be final. 15. The directors of any street railway company, on being Increaseofcapi~ tal stock maybe thereto duly authorized by their stockholders, may, from time to allowedbycomtime, petition the board of railroad commissioners for such increase Ibiod'~15s. Ibid. ~ 15. of capital as may be necessary for the purposes of the company, beyond the amount fixed and limited by its articles of association, or by the acts of the legislature concerning the same, and upon such petition, after an examination of the assets of the company and its liabilities other than capital stock, and a hearing of the petitioners, the board of railroad commissioners may allow such necessary increase as they may see fit, to an amount which shall not exceed the value of the property of the company, and a cer- certificate ofintificate showing the amount of such increase shall forthwith be crease tobe filed in secretary's filed in the office of the secretary of the Commonwealth. office. LOCATIONS.' Dock square locations revoked. Ordered: That the several locations heretofore Docksquare granted to the Suffolk, Metropolitan, and Middlesex nd other e okcd. Railroad Companies on the following streets, be and Aug. 18, 1874. they are hereby revoked, viz.: On Washington street between Cornhill and Dock square, on Dock square and Unzion street and on Hcay2narkcet square from Union street to the tracks of the Metropolitan and Middlesex Railroads located by the Board of Aldermen on said Haymarket square, June 22, 1874; and that said Suffolk, Metropolitan, and Middlesex Railroad Companies be and they are hereby severally notified to remove forthwith their tracks from said See confirmation of locations of Middlesex Railroad on Charles River and Warren Bridges, ante p. 22. A location granted to the Cambridge Railroad in the lower portion of Leverett street, Nov. 2, 1874, was not accepted by the Cambridge R. R. Co. 48 METROPOLITAN RAILROAD. streets, and to place said streets in as good condition as they were in before said tracks were laid. METROPOLITAN RAILROAD. Thirty-seventh location. Thirty-seventh Ordered: In addition to the rights heretofore location. Aug. 18, 1874. granted to the Metropolitan Railroad Company to lay down tracks in several of the streets of the city of Boston, said company shall have the right to construct a turnout on Washington street between Circuit and Cedar streets; also a turnout on said Washington street between Kingsbnry and Thornton streets; said turnouts being shown by red lines drawn on plans made by Barbour & Hogdes, civil engineers, dated July 20, 1874, and deposited in the office of the Superintendent of Streets. The right to lay down the tracks located by this order is upon the condition that the whole work of laying down said tracks and the form of rail to be used shall be under the direction and to the satisfaction of the Committee on Paving and the Superintendent of Streets, and shall be approved by them. Also, upon the condition that the entire space occupied by said turnouts, including the space between the tracks, shall be paved with small granite blocks to the satisfaction of the Superintendent of Streets. Also, upon the condition that said Metropolitan Railroad Company shall accept this order of location, and shall agree in writing to comply with the conditions herein contained, and file said METROPOLITAN RAILROAD. 49 acceptance and agreement with the City Clerk within thirty days of the date of its passage; otherwise it shall be null and void. Thirty-eighth location, Ordered: That in addition to the rights heretoforeThirtlyeighth granted to the Metropolitan Railroad Company to lay Dec. 14, 1874. down tracks in several of the streets of the City of Boston, said company shall have the right to lay down an additional track in Washington street from Temple place to Milk street; also, a track in Milk street from Washington street to Hawley street, and a track in Hawley street from Milk street to Summer street; also, a curved track to connect the easterly track on Washington street with the track now laid down in Summer street. Said company are also empowered and directed to change the position of the track now laid down on Washington street between Temple place and Summer street, so that said track, together with the additional tracks located by this order, shall conform to the red lines on a plan drawn by Wm. S. Barbour and A. Hodges, civil engineers, dated Nov. 21, 1874, and deposited in the office of the Superintendent of Streets. The right to lay down the tracks located by this order is upon the condition that the whole work of laying down the same, the form of rail to be used, and the kind and quality of material used in paving said tracks, shall be under the direction and to the satisfaction of the Committee on Paving and the Superintendent of Streets, and shall be approved by them. Also, upon' Accepted by Metropolitan Railroad Company, Sept. 8- 1874. 50 SOUTH BOSTON RAILROAD. De. 22,1874. the condition that the said Metropolitan Railroad Company shall accept this order of location, and shall agree in writing to comply with the conditions herein contained, and file said acceptance and agreement with the City Clerk, within thirty days or Lb*e date of its passage; other-wise it shall be null and void.' SOUTH BOSTON RAILROAD. Tenth location. Ordered: In addition to the rights heretofore granted to the South Boston Railroad Company, to lay down tracks in several of the streets of the City of Boston, said Company shall have the right to lay down an additional track in K street, from Sixth street to the double track now laid down on said street south of and near to Seventh street; also the right to lay down a double track on Sixth street from K street to P street, and a double track on P street from Sixthb street to Fourth street, with suitable curves and connections, said tracks, curves and connections being shown on three plans drawn by Henry W. Wilson, Civil Engineer, dated December 17, 1874, and deposited in the office of the Superintendent of Streets. The right to lay down the tracks located by this order is upon the condition that the whole work of laying down the same, the form of rail to be used, and the kind and quality of material used in paving, said tracks shall be under the direction and to the satisfaction of the Committee on Paving, and I Accepted by Metropolitan R. R. Co., Dec. 22, 1874. TAXES. 51 the Superintendent of Streets, and shall be approved Dec. 21, 1874. by them. Also upon the condition that said South Boston Railroad Company shall accept this order of location, and shall agree in writing to comply with the conditions herein contained, and shall file said acceptance and agreement with the City Clerk within thirty days from the date of its passage; otherwise it shall be null and void.l TAXES. STATUTES. 4. To be sent to tax commissioner. 1. Treasurers may appoint deputies. 5. Tax commissioner to report to 2. Warrants for collection of taxes. General Court. 3. Exemptions from taxation. 6. Special warrants. STATUTES. 1. City treasurers as collectors of taxes may appoint, subject to City treasurers the approval of the board of aldermen, such deputy collectors of may appoint deputy collectaxes as they may from time to time deem expedient, who shall tors of taxes. give bonds for the faithful discharge of their duties in such sums 1874, c. 28, ~ 1. as the board of aldermen may from time to time prescribe, and such deputies shall have the same powers as collectors of taxes in towns. 2. Said treasurers may, as collectors of taxes, issue their war- Treasurers may rants to the sheriffs of their respective counties, or their deputies, ifor ucollect warraonts or to the constables of their respective cities, returnable in thirty of taxes. days, requiring them to collect any or all taxes due, and such war- Ibid. ~ 2. rants shall be in substance the same, and confer the same and like powers as warrants issued by assessors to collectors. 3. It shall be the duty of the assessors of each city and town in Assessors to each year to enter upon the valuation list of their respective city or reparet of sproptatetown in the appropriate columns after the enumeration of the tax- erty exempt from taxation able persons and estates therein contained, a statement and de- under proviscription of all the property and estate and the fair rateable value sions of third, seventh and thereof situate in such city or town or which would be taxable ninthdivision 1 Accepted by South Boston Railroad Company, December 24, 1874. of G. S. 11, ~ 5. ccepted by South Boston Railroad Company, December 24, 1874. 1874, c. 227, ~ 1. 52 VOTING LISTS. 1874, c. 227, ~ 1. there but for the provisions of the third, seventh and ninth divisions of section five of chapter eleven of the General Statutes, with the names of the persons or corporations owning the same, and the purpose for which it is used, which are exempted from taxation by the foregoing provisions of law, with a reference to the law by which such exemption is allowed. Statement to be 4. The assessors of each city or town shall, on or before the first forwarded to tax commis. day of October in each year, make and forward to the tax commissioner. sioner a statement showing the whole amount of property enuIbid. ~ 2. merated in the first section, and the amount in each class, and stating separately the aggregate amount belonging to each of the four classes embraced in the third division of the fifth section of chapter eleven of the General Statutes. Tax commis- 5. The tax commissioner shall include a tabular statement of sioner to report to the legisla. the amounts returned to him under the provisions of this act, in ~Ibid 3 his annual report to the legislature. Amendment to 6. The fourth section of chapter twelve of the General Statutes 7G. S. 12, ~1. is hereby amended, by inserting after the word "may" in the second line, the words " by a special warrant." VOTING LISTS. STATUTES. 7. To make rules and regulations. 1. Registrars of Voters. 8. To have suitable office room. 2. To perform duties of aldermen in 9. May remove any assistant. this respect. 10. What persons ineligible to office. 3. To be sworn. 11. Penalty for forging false name or 4. To appoint assistants; compen- answer. sation. 12. Penalty for neglect of duty. 5. To prepare and publish lists, col- 13. Act to be accepted. lection of taxes, to make re- 14. List of voters to be used at meetturns. ings of citizens. Penalty for 6. To post up lists twenty days be- voting under a false name. fore election. Board of Regis- t. There shall be appointed by the mayor and aldermen of the trars of voters to be apporanted city of Boston, as soon as may be after the passage of this act, three aldermen, O able and discreet persons, inhabitants of said city, to be styled the 1874, c. 60, ~ 1. VOTING LISTS. 53 Board of Registrars of Voters. One of said registrars shall hold 1874, c. 60, ~ 1. his office for the term of three years, one for the term of two years, and one for the term of one year, fiom the first day of April in the year eighteen hundred and seventy-four. And annually thereafter, in the month of February or March, the mayor and aldermen shall appoint one person qualified as aforesaid to be a registrar of voters for the term of three years from the first day of April in the year of his appointment. And in case of a vacancy in the office of registrar, by reason of death, resignation or removal, the mayor and aldermen shall fill such vacancy by the appointment of a person qualified as aforesaid, to hold office for the residue of the term. 2. The registrars shall, in addition to the duties imposed upon To perform all duties respectthem by this act, perform all and singular the duties devolved upon ilg preparation the mayor and aldermen or board of aldermen by any general or of voting-lists heretofore respecial laws which now are or hereafter may be in force, respecting quired of mayor the preparation, correction, revision, publication, and transmission and aldermen. Ibid. ~ 2, to the ward officers of the alphabetical lists of voters to be used at elections in said city; and all the powers so conferred and all the duties and liabilities so imposed upon the mayor and aldermen, or board of aldermen of said city, in relation to the preparation, correction, revision, publication and transmission of said lists, are hereby conferred and imposed exclusively upon said registrars. 3. The registrars shall, before entering upon the duties of their To be sworn. Ibid. ~ 3. office, take and subscribe an oath faithfully to perform the same. They shall receive such annual compensation as the city council Compensation. may from time to time determine; but any reduction of compensation shall take effect upon such registrars only as shall be appointed after such reduction. 4. The registrars shall annually, between the first day of May To appoint asand the first day of October, appoint assistant registrars of voters, tratrs. inhabitants of said city, not exceeding two for each ward, who Ibid. ~ 4. shall be sworn by one of the registrars to the faithful discharge of their duties, and shall hold office for the remainder of the municipal year, unless sooner discharged by the registrars. They shall compensation. receive such compensation as the city council may from time to time determine; but such compensation shall not be regulated by the number of names registered on any list of voters. 54 VOTING LISTS. To prepare and 5. The registrars, and the assistant registrars under their direcpublish lists of voters. tion, shall prepare, correct, revise, and publish, in accordance with 1874, c. 60, ~ 5. this act and with the laws of the Commonwealth, the alphabetical lists of voters of each ward; and the collectors of taxes of said city shall make the return, now required by law to be made to the mayor and aldermen, to the board of registrars of voters; and all Collectors of assessors and collectors of taxes of said city shall furnish any intaxes to make return to board. formation in their possession, necessary to aid the registrars and assistant registrars in the discharge of their respective duties. To post lists in 6. The registrars shall, at least twenty days before the day of each ward twenty days before the annual state election, cause printed lists of the voters in each state election. ward to be posted in three or more places in such ward, with Ibid. ~ 6. notices thereon, stating the place and hours in which they, or the assistant registrars for such ward, will hold sessions to correct and revise the lists. Such sessions shall be held in or near each ward, three or more hours daily, for at least twelve days within the twenty days immediately preceding the annual state election, and in addition, six evening sessions, of at least two hours' length each, shall be held within said twenty days. If the assistant registrars refuse to place the name of any person on the votinglist he may appeal to the board of registrars of voters. To make rules 7. The registrars may make such rules and regulations, not and regulations contrary to law, for the government of the assistant registrars for government of assistants. and for carrying out the provisions of this act, as they may deem Ibid. ~ 7. necessary. To be furnished 8. The city council shall furnish office-room for the registrars with office room. and shall, when requested by them, provide in or near each ward a Ibid. ~ 8. suitable room for their sessions. May remove 9. The registrars may remove any officer appointed by them, any officer ap. pointed by may fill vacancies, and may make temporary appointments in case them. Ibid. ~ 9. of absence. No person hold- 10. No person who holds an office by election or appointment ing office under city, state or under the government of the United States, of the Commonwealth, nation tobe ap- or of the city of Boston, except justices of the peace and officers pointed registraror assistant. of the militia, shall be appointed registrar or assistant registrar; Ibid. ~ 10. and the appointment or election of a registrar or assistant registrar to any such office, and his acceptance thereof, shall be deemed to be a resignation of his office of registrar or assistant registrar. WATER. 55 11. Whoever gives a false name or a false answer to any regis- Penalty for giving false names trar or assistant registrar concerning any matter relating to the or false answer registration of voters, or to the right of any person to vote, shall to registrars. incur the same penalty which is provided by law for giving a false name or false answer to the selectmen of towns when in session to correct the lists of voters. 12. Any registrar or assistant registrar who wilfully neglects or Penalty for neglect of official refuses to perform the duties of his office shall for each offence duty. forfeit a sum not exceeding two hundred dollars. Ibid. ~ 12. 13. This act shall take effect when accepted by the city council Subject to acceptance by city of the city of Boston.l council. 14. Whoever in an assembly of people, met for a lawful pur- Ibid. ~ 13. Penalty for pose, at which an alphabetical list of voters is used in voting, votingundera votes, or attempts to vote, under any name other than his own, falsename. 1874, ce 344, ~ 1. shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the jail not exceeding thirty days, on complaint in any court of competent jurisdiction. WATER. STATUTES. 7. Temporary loans may be effected. 1. Water from Mystic valley. Pro- 8. Act to be accepted. Xviseo. 9. Boston Water Board may be es2. City may erect dams and increase tablished. height of old ones. Grade of 10. Cochituate and Mystic Water Boston and Lowell Railroad. Boards abolished. 3. Liability for damages. 11. Salariesof embers. 4. To restore streets and ways, etc. 5; Penalty for malicious diversion of water. oRDnINANCE. 6. City may issue bonds to defray Regulation of water fixtures. expenses. STATUTES. 1. The city of Boston is hereby authorized by and through the City of Boston agency of the Boston Water Board, or by and through any other may take water from the valley agency which shall be established therefor, to take, hold and convey of the Mystic, to, into and through said city any or all the water belonging to the etc. 1874, c. 490, ~ 1. water-shed or valley of the Mystic, so called, not hitherto granted,' Accepted by City Council April 17, 1874. 56 WATER. 1874, c. 400, ~ 1. or which flows or drains, directly or indirectly, into Mystic pond or Mystic river, and from time to time to establish and maintain reservoirs for the storage of any or all such waters, or any or all waters flowing into or lying in the Mystic pond or river which have not been otherwise granted, and for that purpose said city may take and hold, by purchase or otherwise, any water-rights, lands and real estate necessary for building and maintaining said reservoirs, or for the erection of dams, buildings, water-courses, aqueducts, machinery or appliances, with their accessories, for conducting, purifying, storing, elevating and distributing water; and may also take and hold any land on the margin of said sources of supply, not exceeding five rods in width from the high-water mark of said river, pond or storage-reservoirs, so far as may be necessary for the storage, preservation and purity of the same for the purpose of furnishing a supply of pure water to the city of Boston; provided, Proviso.I that the city of Somerville, and the towns of WVoburn, Stoneham, Winchester, Arlington, Medford and Maldlen, or either of them, having previously obtained authority to supply themselves with pure water, may take the waters of any natural basin or artificial reservoir belonging to the city of Boston, within the limits of said municipalities, in the manner and upon the terms to be agreed upon with said city of Boston; and in case of a failure to agree upon such manner and terms, either' party may petition the supreme judicial court for the appointment of a commission of three suitable persons, who shall hear the parties, and determine the manner of taking said waters, and the compensation to be paid to the said city of Boston therefor, upon the basis of a proper and just apportionment of the expense of rendering the same available; and provided, further, that the said city of Boston shall not raise the waters of Horn pond more than six feet above the present mean high-water level, nor draw the same below the present level of low water; neither shall any lands south of Cross street, in the town of Winchester, be flowed to a greater extent than is at present authorized by law. 2. For the purposes of this act said city may, from time to time, May erect dams, and increase erect and maintain dclams, and may increase the height of and height of and strengthen and maintain existing dams, to raise the water, or to strengthen existing dams form storage-reservoirs; may make and maintain reservoirs within Ibid. ~ 2. and without said city; may erect and maintain buildings and WATER. 57 machinery for elevating the water, and lay down pipes for conduct- 1874, C. 400, ~ 2. ing the same; may build and maintain filters, conduits and sewers, or other means of purifying the water or of diverting impurities from the same. And the said city may for the purposes aforesaid carry and conduct any conduit, aqueduct, water-main or other work by it to be made and constructed, under or over any water-course or any street, turnpike road, railroad, highway or other way, in such manner as not to unnecessarily obstruct or impede travel thereon; and may enter upon and dig up any such road, street or way for the purpose of laying down or constructing conduits, aqueducts, watermains or pipes, and for maintaining and repairing the same; and in general may do any other acts and things necessary or convenient and proper for the purposes of this act. Said city of Boston may also, with the consent of the directors Changeofgrade, of the Boston and Lowell Railroad Corporation, change the grade etc., of Boston or location of so much of said railroad as is situated in the Mystic road. valley, or with the consent of the county commissioners of Middlesex County, or the surveyors of highways in the towns where such reservoirs are to be constructed, change the grade or location of any highway, public street or way of travel. Said city of Boston, in entering upon and digging up any such highway, road, street or way of public travel, shall be subject to such reasonable regulations as shall be made by the selectmen of the towns wherein such work shall be performed, for the protection of their rights of drainage and sewerage therein; but any person or town using the conduits or sewers of said city for the purpose of drainage, shall bear a proportional part of the expense of constructing and maintaining the same. 3. The city of Boston shall be liable to pay all damages that Liability for shall be sustained by any persons in their property, by the taking damages. of or injury to any land, water or water rights, or by the flowage of the lands of any persons, or by the interference with or injury to any use or enjoyment of any of said water to which any person, at the time of such taking, is legally entitled, or by any other doings under this act; and in regard to such taking, injury, interference and flowage, and the ascertainment and payment of all such damages, the said city of Boston and all persons claiming damages shall have all the rights, immunities and remedies and be 58 WATER. 1874, c. 400, ~ S. subject to all the duties, liabilities and regulations which are provided in the one hundred and sixty-seventh chapter of the acts of the year eighteen hundred and forty-six and the three hundred and sixteenth chapter of the acts of the year eighteen hundred and fifty. streets and r 4. Whenever the city of Boston shall dig up any street or way, ways to be restored to as as aforesaid, it shall restore the same in as good order and condigood condition tion as the same shall be in when such digging commenced; and as when digging commenced. the city of Boston, shall, at all times indemnify and save harmless Ibid. ~ 4. the several towns within which such street or way may be, against all damages which may be recovered against them respectively, and shall reimburse to them all expenses which they shall incur by reason of any defect or want of repair in any street or way caused by the construction of any of said works, or laying of said pipes, or by the maintaining or repairing the same: provided, that said city shall have due and reasonable notice of all claims for such damages or injury and opportunity to make a legal defence thereto. Penalty for 5. If any person or persons shall wantonly or maliciously divert maliciously di- the water, or any part thereof, of any of the rivers, ponds, streams verting water or rendering same or water sources which shall be taken by the city pursuant to the 4mpure. Ibid. ~5. provisions of this act, or shall corrupt the same, or render it impure, or destroy or injure any dam, aqueduct, pipes, conduit, hydrant, machinery or other property held, owned or used by the said city, by the authority and for the purposes of this act, every such person or persons shall forfeit and pay to the said city three times the amount of damages that shall be assessed therefor, to be recovered in any proper action. And every such person or persons may, moreover, on indictment and conviction of either of the wanton and malicious acts aforesaid, be punished by fine not exceeding one thousand dollars and imprisonment not exceeding one year, or by confinement to hard labor in the state prison for a term not exceeding ten years. Boston may is. 6. For the purpose of defraying all the costs and expenses sye bonds to de- incurred under this act, the said city of Boston is authorized to fray expenses, etc. issue its bonds to such an amount as may be necessary therefor, Ibid. ~ 6. but not exceeding the costs and expenses incurred under this act, bearing interest at the rate of six per centum per annum; and said interest shall be payable semi-annually, and the principal WATER. 59 shall be payable at periods not more than forty years from the 1874, c. 400, ~ 6. issuing thereof; and said bonds shall be known as Mystic Water Bonds of the city of Boston. And the said city may sell the same or any part thereof, from time to time, by public or private sale, or pledge the same for money borrowed for the purposes aforesaid, on such terms and conditions as it shall deem proper. 7. Nothing contained in the last preceding section shall be con- Not prohibited from making strued to prohibit the city of Boston from making temporary loans temporary for the purposes therein set forth, to be redeemed within five years bloans. by the said Mystic water loan: provided, that the amount of said loan shall, in no case, exceed the amount authorized by said section. 8. This act shall take effect upon its acceptance, within two Subject toacceptance by years from its passage by a vote of the city council of said city of city council. Boston. Ibid. ~ 8. 9. The city council of the city of Boston may establish, by Boston Water Board may be ordinance, a water board, to be known as the Boston Water Board, established by consisting of three able and discreet persons, to be appointed by city council. the mayor, with the advice and consent of the city council, and to74,. 17 ~ receive such compensation as the city council may, from time to time, determine. The said board may be empowered by said city council to exercise all or any of the powers conferred by the statutes of the Commonwealth upon the city of Boston, with reference to supplying said city with water, or of the Cochituate and Mystic water boards; and is also empowered to act as the agent of the city of Boston in doing any or all things which the city is now authorized to do in relation to the taking of lands, water rights, and other property, and the establishment and maintenance of works and appliances for supplying the city of Boston or other cities and towns with pure water. Said board may also establish and regulate the price or rents for the use of said water, subject to the provisions of sections twelve and thirteen of chapter one hundred sixty-seven of the acts of the year eighteen hundred and forty-six; and the words "Boston Water Scrip" in said sections shall be construed to include the whole amount of outstanding loans representing the cost of the water works. 10. The Cochituate Water Board and the Mystic Water Board Cochituate Water Board shall, upon the appointment of the Boston Water Board, as pro- Wnd Mystic vided in the first section of this act, be thereby abolished; and the Water Board abolished. said Boston Water Board shall, so far as the city council of said Ibia. ~ 2. 60 WVATER. 1874,c. 179, ~ 2. city may by ordinance prescribe, succeed to all the powers and duties formerly vested in said Cochituate Water Board and Mystic Water Board. Salaries not to 11. The salaries of the members of the Boston Water Board be reduced duringterms of shall not be diminished during the terms for which they are office. respectively appointed. Ibid. ~ 3. ORDINANCE. 1 Regulation of SECTION 1. The ordinance providing for the care Water fixtures. Nov. 3, 1874. and management of the Boston Water Works is hereby amended by adding to section twenty-four, the following: - "Seven. - All distributing pipes and water fixtures introduced into the premises of any water-taker shall be subject to approval by the Cochituate Water Board, or their duly appointed agents; and no change affecting the flow of the water shall be made in the service pipes or water fixtures already introduced, unless approved by the said Water Board, or their duly appointed agents. "Nothing in this section contained shall be construed to prevent the City Council from altering the foregoing regulations from time to time in its discretion." Also, by striking out all after the twelfth line in section twenty-seven, and inserting in place thereof the following:"In addition to the foregoing rates, there shall be charged to each dwelling-house with one family from one dollar to ten dollars for each water-closet and each bath-tub in use, according to the amount of water used; and for each family, more than one, the 1 An ordinance to amend an ordinance providing for the care and management of the Boston Water Works, passed November 3, 1874. WATER. 61 annual charge shall be, for each, two dollars addi- Nv 8 1874. tional." Also, by striking out all between the word "tenement" in the twelfth line, and the word " each" in the seventeenth line of section twenty-eight, and inserting in place thereof the following: - " In addition to the foregoing rate, there shall be charged to each tenement from one to ten dollars for each water-closet and each bath-tub in use, according to the amount of water used." Also, by striking out all after the word " annually," in the ninth line of the twenty-ninth section, and inserting in place thereof the following:"And in addition to these rates there shall be charged for each water-closet in use within the office or tenement from one to ten dollars, according to the amount of water used; and when the water-closet is located so as to be used in common, the charge for each office or tenement shall be from one to ten dollars, according to the amount of water used." Also, by striking out in the fifth line of section thirty-three the words, "five dollars, and for corner lots ten dollars," and inserting in place thereof the words, " from five dollars to fifty dollars, according to the amount of water used." I iN D DEX. IND EX. PAGZ PAGE A.MUSlEMT.NTS. CHARLES RIVER BRIDGE. children under fifteen years not to be exhib. care of to vest in Boston......... 11 ited.................. 5 CHILDREN. ANNIVERSARIES. under fifteen years not to be exhibited.. 5 of towns may be observed........ 18 CONSTABLES. ARMORIES. selected for Municipal Court....... 18 to be provided by city........ 23 COURTS. rents to be certified............ 23 jurisdiction of Municipal Court of Boston 12 claims to be audited........... 24 of Southern District.... 12 to be used only for military purposes.. 24 of Dorchester District... 12 BATHING. of Charlestown District... 12 public baths may be established..... 5 exclusive jurisdiction.......... 13, 14 officers to be appointed..... 5 concurrent with Superior Court...... 13 act to be accepted............ 6 other Municipal Courts BOUNDARIES. abolished......13 Brookline and Boston.......... 6 writs to run into any county...... *. 14 Newton and Boston...... 8 trials by jury............. 14 BRIDGES. right of appeals......... 15 Malden bridge to be supported by Boston... 10 West Roxbury District........ 15 new bridge from Cambridge to Boston.. 10 Brighton District............. 16 width of draw.............. 10 SouthBoston District.......... 16 Charles-river bridge to vest in Boston... 11 East Boston District............ 16 Warren bridge to vest in Boston..... 11 jurisdiction............... 16 Middlesex Railroad to make repairs DOCUMIENTS. on above bridges......... 11 of city, care and custody of....... 28 BROOKLINE. may be sold.............. 28 part annexed to Boston.......... 6 ENGINES. inhabitants to pay taxes in arrears...., 7 not to be obstructed in streets...... 20 jurisdiction of courts....... 7 EXPENDITURES. to be added to judicial district of Brighton 8 for celebration of anniversaries.... 18 to be part of Ward 19.......... 8 FAST-DRIVING. obligation of contracts.......... 8 rates of speed.............. 40 not to lose rights of drainage...... *. 8 FEIRRIES. CADBRIDGE. land for landings............ 19 new avenue and bridge to...... 10, 36 description to be filed, etc....... 19 bridge to be built of iron and stone.... 37 damages.............. 19 width of draw.............. 10 FIRE. land may be taken........... 10, 37 engines not to be obstructed.. 20 expense of construction.........11, 37 FOOTWAYS. grade of avenue............. 38 may be laid out as public ways...... 36 part to be made solid......... 38 HARBOR. limitations for construction........ 38 Mystic-river lines............ 20 act to be accepted............ 11 South Bay to be dredged......... 21 CEDAR GROVE CEMETERY. HORSES. annual report to be made in May..... 11 baiting in public streets......... 41 66 INDEX. PIAGE PAGE MALDEN BRIDGE.POLICE. to be supported by Boston........ 10 (See Railroad Police.) METROPOLITAN RAILROAD. thirty-seventh location............. 4 POOR. thirty-eighth location.......... 49 temporary relief for......... 26 MIDDLESEX RAILROAD. PRINTING. confirmation of location......... 22 care and custody of city documents.... 28 MILITIA. documents may be sold... 28 persons to be enrolled. 23 PROBATE. assessors to prepare lists....... 23 expense of recording proceedings... 29 penalty for refusing information.. 23 RAILROAD POLICE. armories to be provided........ 23 how appointed, duties..........26 armoryrentsto becertified. Claimsaudited 24 to wear badges................... 27 MORTGAGES. to arrest disorderly persons and those who to be recorded within fifteen days.... 25 refuse to pay fare.............. 27 MUNICIPAL COURTS. how paid................ 27 of Boston............... 12 REGISTRARS OF VOTERS. of Southern District.......... 12 how appointed.............. 52 of Dorchester District.......... 12 to prepare voting list.....63 of Charlestown District........ 12 to be sworn, etc............ 63 exclusive jurisdiction..........13,14 may appoint assistants. Compensation. 53 concurrent with Superior Court.... 13 who are disqualified......... 54 with other courts abolished. 13 penalties for neglect of duties.. 55 writs to run into any county..... 14 SCHOOL COMMITTEES. trials by jury.............. 14 women may serve upon......... 29 appeals................. 15 to ascertain children between five and fifteen West Roxbury District.......... 15 years...................... 31 Brighton District...........,. 16 to certify to Board of Education, etc. 31 South Boston District........... 16 SCHOOL-HOUSES. East Boston District......... 16 land may be taken for........ 30 jurisdiction.............. 16 damages to be paid......... 30 number of justices............ 17 SCHOOLS. salaries of justices........... 17 women may serve on committee.. 29 salary of justice in Charlestown.... 17 Boston Normal School made valid... 30 clerks to be appointed......... 17 amendments to former acts...... 30 assistant clerks for Municipal Court.. 17 superintendent of schools....... 30 justices of Boston Court to select constables 18 land taken for school-houses....... 30 MYSTIC WATER. SIDEWALKS. storage of. Dams, etc...........55, 56 cost of construction............ 32 diversion or corruption of........ 58 SOUTH BOSTON RAILROAD. city may issue bonds, etc......... 68 tenth location.............. 0 Board may unite with Cochituate Water STATE AID. Board................. 59 provisions extended to year 1880.. 32 NEWTON. STONY BROOK. part annexed to Boston..... 8 obstructions to be removed, etc..... 33 Street Commissioners of Boston to adjudi. land may be taken......... 33 cate highway matters......... 10 damages therefor......... 34 NORMAL SCHOOL. to be paid by city............ 34 in Boston established......... 30 betterments may be assessed...... 34 PARKER STREET. to be a lien on property.......... 34 may be laid out or altered....... 36 application for a jury.............. 35 PAUPERS. brook to be controlled by city........ 35 settlements fixed...... 25 inflowing streams not to be filled..... 38 settlements of women......... 26 Boston Belting Co.'s claim........ 38 exceptions............... 26 STREET CARS. temporary relief for.......... 26 not to approach within thirty feet.... 42 XNDEX. 67 PAGE PAGE STREET RAILWAYS. SWETT STREET BRIDGE. organization of corporations....... 42 limitation of construction....... 39 capital stock, etc.......... 43 grade of................ 39 right to distinct name......... 43 TAXES. clerk and treasurer............. 43 deputy collectors may be appointed.. 51 location of tracks............. 43 property exempt from taxation...... 51 route and plan to be deposited, etc.... 44 report thereof to legislature....... 52 articles of association, etc., to be filed.. 44 VOTING. certificate by secretary.......... 45 under false name; penalty for...... 55 stock or bonds not to be taken by other VOTING LIST. companies............. 45 registrars to be appointed........ 52 extension of tracks............ 46 to prepare lists of voters.... 53 use of tracks of other roads....... 46 to be sworn.......... 53 number of cars to be run.......... 46 list to be posted and revised....... 54 tracks running into other towns..... 46 may be used at all lawful meetings.... 55 increase of capital stock......... 47 WARREN BRIDGE. Dock square and other locations revoked. Al care of to vest in Boston......... 11 STREETS. WATER. Parker street may be laid out or altered.. 36 storage for Mystic water...... 35 footways may be laid out......... 36 dams on Mystic river........... 56 new avenue to Cambridge..... 36 change of grade of Lowell R. R. authorized 57 bridge to be of iron and stone.... 88 malicious diversion or corruption of Mystic to be regarded as laid out under General water................. 58 Statutes c. 43............. 39 city may issue bonds for expenses.... 58 South Bay bridge (Swett st.)...... 39 Boston Water Board authorized..... 59 gradeof........ 39 fixtures regulated............ 60 rates of speed in............. 40 amendments to former ordinance..... 60 horse-cars not to approach within thirty change in rates for water-closets..... 60 feet..................... 42 baiting horses in......, 41