A SUPPLEMENT TO THIE LAWS AND ORDINANCES OF TIIE CITY OF BOSTON. PREPARED AND PRINTED UNDER THE DIRECTI CO'MMITTEE ON ORDINANCES. BOSTON: J. E. FARWELL & COMIPANY, PRINTERS TO TITE CITY. 37 CONGRESS STI EET, 1 8 6. PREFACE. THIS " Supplement to the Laws and Ordinances" has been prepared in pursuance of a design entertained by the Committee under whose supervision the last edition of the Ordinances was published, and announced by them, in a report to the City Council, as a proposition to " print a supplementary volume to embrace the rules and regulations of the different institutions and departments, various orders of a permanent character, and some of the City contracts, which, being periodically renewed, it is convenient to have accessible to those who are responsible for their faithful performance. Several acts and resolves of the Legislature, for temporary objects will also be given. The volume will contain, in addition, an explanatory list of the special laws passed for the benefit of the City, as also of the cases decided in the Supreme Court upon points of Municipal interest." The work of preparing this volume was not entered upon until 1865; and it has been found by the Committee on Ordinances, expedient to change the construction of it to some extent, rather increasing its scope and value. It comprises 1. —Rules and Regulations of the different departments. Under this head will be found fourteen articles, all corrected up to the date of publication. Like the Ordinances, they are subject to occasional alteration, but it is believed that this collection of the details of the administration of the outside branches of the City Government will be found permanently useful. 2.-Special Acts, incorporating companies to hold large amounts of real estate within the City limits, and to maintain rights which affect the public health and convenience. iv PREFACE. 3.-Agreements, chiefly between the City of Boston and other corporations and parties, in respect to the new lands of the Back Bay, the legislation and litigation concerning which will doubtless be, for many years, most vital to the welfare of the corporation and the community. 4. —Trusts: being a memorandum of the wills investing the City of Boston with valuable charitable and educational trust funds. 5. —Decisions of the Supreme Court on Municipal Law: very carefully prepared by a competent legal hand; being an epitome of all the decisions on questions affecting lMunicipal rights, duties, and obligations made by the Supreme Court. 6.-An alphabetical index, topically arranged, of all the printed City Documents. It seems to be unnecessary to compile a list of the 1" Special laws for the benefit of the City," for the reason that the "Laws and Ordinances" contain all those which are of substantial importance, and may easily be referred to there. It is believed that the contents include all the matters relating to the Municipal affairs which are not readily accessible elsewhere; but the volume is without precedent, and omissions and imperfections will doubtless be observed. These can be remedied in the next edition, to be published whenever the Ordinances are again revised. H. T. R. C ONTENTS. RULES AND REGULATIONS. PAGE. Fireworks..................................1......... 1 Gunpowder........................................... 2 City Hospital.......................................... 6 Public Institutions..................................... 17 House of Industry............................... 19 House of Reformation............................ 25 House of Correction............................. 29 Lunatic IIospital................................. 38 Public Library........................................ 47 Market.............................................. 57 Overseers of the Poor.................................. 65 Police................................................ 68 School-houses................................... 151 Street Watering................................ 153 Telegraphic Fire Alarm................................ 154 Water Board......................................... 156 SPECIAL ACTS. Boston Mill Corporation...................................... 162 Boston and Roxbury Mill Corporation.................. 166 Boston Water Power Company................................ 176 Boston Gas Light Company................................... 179 Boston Wharf Company...................................... 182 Eastern Avenue Corporation.................................. 189 South Bay Company.................................... 195 Vi CONTENTS. PAGE. South Cove Corporation..................................... 196 Tremont Improvement Company............................ 203 Mass. Institute of Technology............................... 205 AGREEMENTS. City of Boston, Edward Tuckerman and others and the Boston and Roxbury Mill Corporation............................. 209 City of Boston and Boston and Roxbury Mill Corporation........ 214 Ephraim Marsh and others and the Boston and Roxbury Mill Corporation............................................... 218 Boston and Roxbury Mill Corporation and Boston Water Power Company................................................. 222 Same....................................................... 229 Ephraim Marsh, Francis C. Lowell, and the Boston Water Power Company................................................. 231 The Commonwealth and the Boston Water Power Company...... 234 The Commonwealth and the Boston and Roxbury Mill Corporation 245 The Commonwealth and the Boston Water Power Company..... 250 Same...................................................... 254 The Commonwealth, the Boston Water Power Company, and the City of Boston, (The " Tripartite Indenture.")................ 258 The Commonwealth and the Boston Water Power Company..... 271 The Commonwealth and the Boston and Roxbury Mill Corporation, Dec. 30, 1856......................................... 275 The City of Roxbury and the Boston Water Power Company.... 281 The City of Boston and J. E. and N. Brown.................... 284 The Commonwealth, the Boston Water Power Company, and the City of Boston, (" New Tripartite Agreement.").............. 288 City of Boston and the Boston and Worcester R. R. Corporation.. 293 Jacob Ulman and others and the Boston Water Power Company.. The City of Boston and the Boston Water Power Company...... 303 Commonwealth of Massachusetts and the City of Boston........ 306 The Boston Water Power Company and the City of Boston...... 307 TRUSTS. Franklin Fund, for the encouragement of Young Mechanics..... 311 Franklin School Medal Fund................................. 312 Lawrence High School Fund.................................. 312 Lawrence Latin School Fund................................ 312 CONTENTS. PAGE. Latin School Prize Fund..................................... 313 Webb's Franklin School Fund................................ 313 Smith Fund................................................. 313 Poor Widows' Fund.......................................... 314 Library Fund............................................... 314 Phillips' Street Fund......................................... 317 City Hospital Funds......................................... 317 Funds for the Poor........................................ 318 ORIGIN OF THE HOUSE OF INDUSTRY.......................... 323 HISTORICAL REFERENCES To the Legislation and Municipal Action respecting the Back Bay and adjacent territory..................................... 331 APPENDIX. A DIGEST OF DECISIONS of Municipal interest of Supreme Judicial Court. A. INDEX to the City Documents. RULES AND REGULATIONS. FIREWORKS. RULES AND REGULATIONS. 3. Licenses to be recorded. 1. Charged pieces not to be exposed. 4. Application for license to be made 2. Explosive pieces to be kept in at the Chief Engineer's Office. tight covered cases. RULES AND REGULATIONS.' SECTION 1. Any person or persons licensed to sell Fire- Charged pieces not to be exworks by wholesale or retail, shall not be allowed to keep any posed. charged pieces of Fireworks exposed in any windows. SECT. 2. All Rockets, Bombs, Shells, Mines, or other Explosive pieces to be kept explosive pieces, shall be kept in tight covered cases; said cases in tight covered shall always be kept closed except when putting in or taking cases. out Fireworks, which shall be done as expeditiously as is consistent with proper care. SECT. 3. The Board of Engineers shall keep a record of all Record of Li Licenses granted and renewals thereof, and shall designate how, and in what manner Fireworks shall be kept, and no alteration shall be made unless by consent of the Board. Any change made by removal shall be indorsed on the License, and no 1 Rules and regulations made and established April 29, 1853, by the Board of Engineers of the City of Boston, relative to the sale, storage, and safekeeping of Fireworks in said city, in conformity with a law of this Commonwealth, made and passed on the 14th day of April, A. D. 1853. See Laws and Ordinances, p. 209. 2 GUNPOWDER. License shall be valid for any other place of business, unless so indorsed by the Chief Engineer or Secretary of the Board. Application for SECT. 4. Licenses will be granted on application to the licenses. office of the Chief Engineer of the Fire Department. GUNPOWDER. RULES AND REGULATIONS. 6. Transportation of powder through 1. Vessels laden with gunpowder the city prevents the use of boats. not to lie at any wharf except 7. Licenses. as provided. 8. Retailers; their stock; how and 2. Gunpowder may be loaded at where kept. certain wharves; but not else- 9. Whosesale dealers; their stock; where without permission. how and where kept. 3. Boats conveying gunpowder to be 10. Stock at " wholesale or retail." approved. 11. Licensed dealers to expose a sign. 4. Vessels receiving powder to leave 12. Powder not to be kept except as the wharf within three hours. here provided. 5. Powder carriages to be approved 13. Magazines at Spectacle Island. and marked, and the powder pro- 14. Record of licenses. tected. 15. Repeal of inconsistent rules. RULES AND REGULATIONS.' Vessels laden SECTION 1. No ship or other vessel, on board of which ith gunpow-a gunpowder shall be laden, shall lie at any wharf in the City of der not to lie at any wharf. Boston, nor within two hundred yards of any wharf or landingplace, except as hereinafter provided. Gunpowder SECT. 2. Gunpowder may be landed at'lileston's Wharf, aty bcerloatain Long Wharf, and Commercial Wharf; and no gunpowder wharves, shall be landed at any other wharf, quay or place, in said city, without a written permit from one or more engineers; but in no case shall powder be allowed to remain on the above-named wharves for a lofiger time than is necessary for its removal. Rules and regulations made and established April 7, 1837, by the Board of Engineers of the City of Boston, relative to the sale, storage, safe-keeping, and transportation of gunpowder, in said city. See Laws and Ordinances, pp. 216, 230-38. GUNPOWDER. 3 SECT. 3. All boats employed in the conveyance of gun- Boatsconveying gunpowder powder, shall be examined and approved by the Chief Engineer, to be approved. and shall have displayed at the stern or bow, a red flag, so long as there is any gunpowder on board. And all powder so conveyed, shall be covered over with canvas or other suitable covering. SECT. 4. Gunpowder in any quantity (not exceeding six Vesselsreeiv ing powder to quarter casks) may be put on board of any vessel lying at any leave the wharf within three wharf in the City of Boston, from any approved powder boat, hours. according to the foregoing section, provided that no vessel shall remain at the wharf more than three hours, nor shall such vessel be allowed to ground or remain after sunset, with powder on board. And it shall be the duty of all dealers to deliver the captain a copy of this section, at their own expense, at the time the powder is shipped. SECT. 5. No gunpowder shall be conveyed through the Powder carridges to be apcity in any other than a carriage closely covered with leather proved and or canvas, and without any iron or steel on any part thereof, arked apodeprosuch carriage first having been approved by the Chief Engi-tected. neer, and marked on each side, in capitals, with the words "Approved Powder Carriage," excepting, however, that a quantity not exceeding in the whole four quarter casks, of twenty-five pounds each, may be transported through, or removed in this city, and shall be in tight casks, each of which shall be put into a strong leather bag, closely tied, on which bag shall be legibly marked the word "Gunpowder," and shall so remain in said bags, whilst within the bounds of the city. And in no case shall powder so carried, be suffered to remain on board any vehicle for a longer time than is necessary for its removal. SECT. 6. Gunpowder in any quantity may be conveyed Transportation of powder through the city, for shipment, when ice renders it impossible to through the put it on board from boats, provided a special permit is obtained city when ice prevents the from one or more Engineers, one of whom shall personally use of boats. superintend the conveyance and shipment of the same; and provided also, that the vehicle used to convey the same, shall 4 GUNPOWDER. be lined at the bottom and sides, with leather, so as to prevent the escape of any particle of powder, and shall be entirely covered with canvas, to prevent the possibility of any fire or sparks communicating with the same; and provided also, that no vessel shall remain at the wharf more than three hours, nor shall such vessel be allowed to ground or remain after sunset, with powder on board. Licenses. SECT. 7. Licenses will be granted on application to the Chief Engineer, and all persons so licensed shall be required to sign these rules and regulations kept in a book for that purpose. Retailers; their SECT. 8. Any person or firm, who may be licensed to sell stock; how and where kept. gunpowder by retail, shall be allowed to have on hand thirty pounds at any one time, and no more, which shall always be kept in tin or copper canisters, which shall always be kept in a copper, tin, or zinc chest approved by the Chief Engineer, which shall always be. kept at the right side and within eight feet of the door, over which the sign provided in article 11th is placed. Wholesalers; SECT. 9. Any person or firm who may be licensed to sell hoeirstochere gunpowder by wholesale, shall be allowed to have on hand a kept. quantity not exceeding at any one time, four quarter casks, of twenty-five pounds each, which shall be deposited in a copper chest, with two handles, and a tight cover furnished with hinges, and secured with a padlock, all of copper, which shall be always kept locked, except when opened to put in or take out powder, which shall always be done in as little time as shall be consistent with proper care, and placed on the lower floor, at the right side of and within six feet of the principal door or entrance from the street, over which the sign provided in Article 11th is placed, and such chest shall not be kept in any other part of the building, unless by permission, which shall be expressed in such license. Each cask so deposited shall be kept in a leather bag, closely tied, and under no circumstances shall a cask of powder be allowed to be opened by any person or firm holding such license. Stock at whole- SECT. 10. Any person or firm, who shall be licensed to sell sale or retail, &c. GUNPOWDER. 5 by " wholesale or retail," shall be allowed to keep on hand three quarter casks of gunpowder, at any one time, of twenty-five pounds each, and no more, which shall always be deposited and kept as provided in section 9; provided, however, that such person or firm may be allowed to keep on hand, in addition to the above, such quantity as is required for retailing, which shall not exceed, at any one time, twenty-five pounds, which shall be kept in tin or copper canisters, with a top or cover fastened thereto, which canisters shall always be kept in the copper chest, together with the above-named three quarter casks. SECT. 11. Every person or firm, licensed to sell gun-Licenseddealpowder, shall have and keep a signboard placed over the out- to expose a side of the door or principal entrance from the street, of the building in which such powder is kept, on which shall be painted in capitals, the words " Licensed to keep and sell gunpowder." SECT. 12. fJo gunpowder shall be kept otherwise than as Powder not to be kept, except before provided for licensed dealers, at any place within the as here procity, except in the magazines at Spectacle Island, and such vided. other places as shall be from time to time designated, and which are hereby established as places of deposit for gunpowder. SECT. 13. The Board of Engineers shall have the SU- Magazinesat perintendence of the said magazines, whose duty it shall be, 1Pectacle Isannually, to appoint a suitable person or persons to receive such quantity of powder as may from time to time be considered necessary by the Board of Engineers, and to deliver the same to the order of the owners thereof, who shall pay to such person or persons such fees for receiving, storing, and delivering the same as the Engineers shall direct: and such person or persons, so appointed, shall hold their office during the year, and until others are appointed, subject always to be removed at the pleasure of the Board. SECT. 14. The Chief Engineer shall keep a record of all Recordof Lilicenses granted, and renewals thereof, and of the place des- tenses ignated for keeping and selling gunpowder, which place shall not be altered or changed unless by consent of this Board, 6 CITY HOSPITAL. which shall be expressed in their license; and all persons who may receive a license, shall sign their names, respectively, to these rules and regulations, as evidence of their assent to, and obligation faithfully to comply with, and perform the same. SECT. 15. All rules and regulations heretofore made and adopted, inconsistent with the foregoing, are hereby repealed. CITY HOSPITAL. consultation before capital operaGENERAL RULES. tions. The Trustees to have charge of the The Students and others may be adHospital; to hold stated meetings mitted to the amphitheatre. and keep records; to appoint The Resident Graduates to be nomiPhysicians, Surgeons, and other nated by the board of physicians officers; may remove officers at and surgeons; two of them to be pleasure; to appoint subordinate constantly present; their duties; officers; to make an Annual Re- their number may be increased; port; to keep an account of Do- they shall not exchange departnations, and manage them; may ments without consent; their genestablish minor rules; to desig- eral duties; private practice pronate the hospital wards. hibited; to examine claims for adThe Superintendent; his powers; to mission when requested; to attend report delinquencies; to make patients on admission. purchases; to keep accounts; to The Librarian to have the care of make collections and take charge books, &c. of patient's property; to keep an The Apothecary to purchase and preinventory of furniture; to provide pare medicines, &c. the diet of patients; to examine A dispensary may be established for purchases; to submit bills and out-door patients. pay-rolls monthly; to visit all de- The Matron; her duties. partments daily; to ascertain the The Nurses; their duties settlement of patients; to over- The Gate-keeper; his duties. see autopsies; to keep full rec- Applications for admission to be made ords of patients; to assign beds. at Hospital. Parties unable to The Physicians and Surgeons; their apply in person to be visited. term and order of service; to re- Trustees or physicians may give port patients for discharge; and permits in case of emergency. make suggestions; to keep rec- Permits to be approved by visitords of treatment; to procure ing committee; powers of the substitutes in case, &c.; to make visiting committee. regular morning visits; to have Certificates of discharge and decease. CITY HOSPITAL. 7 Paying patients. Rules to be obeyed. Disbursements, monthly bills, &c. Visitors not allowed except by permission. IIHOUSE RULES. Friends may visit patients once a Hfours of patients. week; but must not eat or sleep Free patients to give assistance. in the Hospital, nor give articles Passes required for leaving the grounds to patients without permission. or the wards. Nurses to be on duty each morning to Purchases by patients; officers not to choose clothing for patients in the receive fees. wards. Indecorum prohibited. All employes to be in place during Incurable, infectious, and contagious their hours of duty. cases not to be admitted. Smoking prohibited. Acute syphilitic diseases and mania- Meals of employes. a-poiu not to be treated without Students may be admitted by the compensation. Trustees; subject to revocation Patients may choose their religious of privilege. attendants. Forms of application, admission, &c. GENERAL RULES.' The Board of Trustees, under the Statutes, Ordinances, and Powers of Trustees. these Rules and Regulations, shall have the charge, management, and custody of the Hospital, as well as the control and direction of its employ6s and inmates. A meeting of the Board shall be held at least once in each Meetingsand month at the Hospital, and records of their proceedings shall be kept, which shall always be open to the inspection of the City Council. Annually, as soon after the organization of the Board as shall Physicians and other officers. be convenient, there shall be chosen by ballot three consulting physicians, three consulting surgeons, six visiting physicians, six visiting surgeons, one ophthalmic surgeon, four resident graduates, an apothecary, librarian, matron, and such other officers as they may think necessary, whose term of service shall expire in one year from the first Monday of the following April, or as soon after as their successors shall be chosen. A Superintendent shall be elected annually in the month of February, and whenever a vacancy may occur. Rules and Regulations of the Hospital, approved by the City Council, May 20, 1864. See Laws and Ordinances, p. 324; Ordinances of 1864, p. 24. 8 CITY HOSPITAL. Removal of offi- They may remove any officer so chosen at their pleasure; cers. and shall fill vacancies, from whatever cause, for the residue of the term. Subordinate They shall appoint and discharge all subordinate officers, officers. attendants, and domestics, and shall fix the compensation of all persons employed, excepting that of the Superintendent. Annualreport. Annually in the month of January, the Board shall make a Report of their proceedings to the City Council, and shall furnish statistics of the Hospital, embodying in such blanks as may be adopted, details concerning the operations of the year. They shall also furnish a statement of the various items of expense, with estimates of the amount of appropriations necessary for the coming year. Donations. The Board of Trustees shall keep a book containing an account of all donations and bequests to the Hospital, and shall manage such property in accordance with Sections 1, 2, and 3 of the City Ordinance relating to that object. Minor rules. The Trustees shall be authorized to establish from time to time such minor rules for the government of persons on the premises, for the regulation of the internal police of the wards, and other parts of the Hospital, the appointment of hours, and the arrangement of diet tables, as may to them seem expedient. Designation of They shall designate each ward in the Hospital by a letter, or wards. by the name of some benefactor, and shall number the beds in order. The Superin- The Superintendent, under the direction of the Board of tendent; hiS Trustees, shall have the general control of all departments of the Hospital; of all subordinate officers, attendants, and domestics; of the patients, and the charge of the grounds, buildings, and appurtenances. Delinquencies He shall see that there is no waste or carelessness in any of employes. department, and shall report to the Trustees omissions of duty, or disorderly conduct on the part of employes. Purchases. He shall, under the direction of the Trustees, purchase the provisions, stores, and fuel, shall have the charge thereof, and shall be responsible for their proper and economical use. He shall make monthly returns of the consumption of fuel and gas. CITY HOSPITAL. 9 He shall keep regular accounts of all moneys received and Accounts. disbursed by him, on behalf of the Hospital, in books provided by the Trustees, with a record of all contracts, and shall submit the same to the Board at their monthly meetings. He shall, when required, collect all sums due to the Hospital, Collections; property of paand shall take charge of money or other property not in use tients. belonging to patients, and keep a record of the same. He shall keep an inventory of all furniture, and other prop- Furniture. erty belonging to the Hospital, and shall make a quarterly report of articles injured, destroyed, or missing. He shall provide the diet of patients, as may be directed by Diet of pathe physicians and surgeons, and for the persons employed shall tients. furnish such provisions as the Trustees may direct. He shall examine all articles purchased as to their quality, Examination of quantity, and price. He shall make no purchase exceeding one hundred dollars, Purchases over or of an unusual nature, without the sanction of the Trustees or of the Committee on supplies. All bills, together with the pay-rolls, shall be submitted to Monthly bills and pay-rolls. the Board on the third Tuesday of each month. He shall daily visit and inspect the wards, kitchen, laundry, Daily visit to all departengine room, and all other departments of the Institution. ments. It shall be his duty to ascertain the settlement or residence of Settlement of patients, and when belonging to other places than Boston, to patients, &c. correspond with the authorities of such places, and make the necessary arrangements for the reimbursement of expenses incurred. He shall have charge of the correspondence of patients, and shall communicate to their friends information of their condition or decease. He shall see that autopsies are decently Autopsies. made, but shall allow no such autopsy, if objected to by the immediate relatives of the deceased. He shall cause the bodies of the deceased to be delivered to their friends, or, if not claimed by them, to the proper authorities. He shall keep for the inspection of the Trustees a record of Records ofpathe names of all patients, with their age, residence, employ- tients. ment, date of admission, discharge, elopement, or death, and result of treatment. 10 CITY HOSPITAL. Assignment of He shall assign a bed to each patient on admission, subject beds. to the approval of the physician or surgeon in attendance. The Physicians As soon after their'election as possible, the physicians and and Surgeons; their term and surgeons shall be notified by the Trustees to meet for the purorder of service, pose of arranging their term and order of service, which arrangement shall be made subject to the approval of the Trustees. Reports of pa- They shall weekly, or oftener, report the names of such tients for discharge; sug- patients as they think should be discharged, and shall make any,estions. suggestions or remarks which may tend to promote the interests of the Hospital or its inmates. Record of They shall keep or shall cause to be kept by the resident treatment. graduates in permanent volumes, in such form as may be provided by the Trustees, full records of the cases and treatment of all patients in both medical and surgical departments. No volume of such records shall be taken from the premises, and no extracts shall be made from them by persons not connected with the Hospital. Substitutes in If any physician or surgeon shall be prevented from attendcaseeof absence. ing in his term, he shall procure one of the other physicians Reularmorn- or surgeons to attend in his stead. The regular morning visit ing visits. to patients shall be made between the hours of eight and eleven. Capital opera- Except in case of emergency, no capital or important operations. tion shall be performed without a previous consultation, of which all the surgeons shall have due notice. Admission of Students and other persons shall be admitted to the wards Students. and the amphitheatre of the Hospital, in such numbers and with such restrictions-as the Trustees may from time to time deem expedient. Choice of four The Resident Graduates shall be chosen on the nomination Uesident Grad- of the Board of Visiting Physicians and Surgeons, whose duty it shall be to report such nomination to the Trustees on or before the first day of April in each year. The names thus reported shall be those of the four persons who, in the opinion of the said Board, after a rigid examination in the various branches of medicine and surgery, shall seem most competent to fulfil the duties required of them. CITY HOSPITAL. 11 Two of the Resident Graduates shall reside constantly at the Two to reside Hospital, and shall not absent themselves without the consentatho of the Superintendent, and in no case shall both be absent from their posts at the same time. The year shall be divided among them as shall be agreed upon by themselves, subject to the approval of the Trustees. Their duties shall be assigned them by the visiting physicians Assignments of duties; substiand surgeons, who shall, in the case of absence of either oftutes. them by sickness or other causes, appoint a temporary substitute, subject to the approval of the Visiting Committee. If more than four Resident Graduates be required, the Trus- Increase of the number. tees may appoint the same and permit them to reside on the premises or elsewhere. They shall in no case make an exchange of their respective Exchange of departments. departments without the consent of the visiting physician or surgeon under whom they serve, and the sanction of the Visiting Committee. They shall accompany their superiors in their daily visits, Generalduties. shall make the necessary record of treatment and diet of patients, and shall see that their directions are complied with. They shall, when requested by the physician or surgeon, make autopsies and other pathological examinations; and the Resident Graduate in the Surgical Department shall take charge of the instruments and apparatus, none of which shall be taken from the Hospital without the consent of the Superintendent. The Resident Graduates shall not engage in private practice Private practice prohibited. during their term of service. They shall, when requested by the Superintendent or Visiting To examine claims for adCommittee, investigate the claims of applicants for admission, mission, when whether made at the Hospital or from the city. requested. They shall attend to patients on their admission, and give the Toattend patients on admisnecessary directions for their comfort, before they are seen by sion. their regular medical attendant, and shall make a daily evening visit to each patient. The Librarian shall have the charge of all books belonging The;ibrarian to have care to the Hospital, and of the casts, models, anatomical prepara- of books,models, &c. 1 2 CITY HOSPITAL. tions, and prints, under such regulations as may be prescribed by the Trustees. The Apothecary The Apothecary shall reside on the premises, and shall not tod purchasre absent himself except at such hours as may be authorized by medicines, &c. the Superintendent. He shall purchase all medicines under the direction of the Committee on the Medical Department, and shall keep exact accounts of quantities, qualities, and prices. He shall compound medicines, prepare prescriptions, perform chemical analyses, and such other duties as may be prescribed by the Trustees or the Superintendent. Dispensary for The Trustees may establish a dispensary department for outout-door pa- door patients who are unable to pay fees for medical attendance tients. at their houses, with such restrictions and under such regulations as they may from time to time deem expedient. The lIatrons; The Matron shall have the general direction of all female theirduties nurses and servants, see that they perform their several duties, and report all instances of inattention and neglect of duty. She shall be responsible for the neatness and order of every part of the establishment; shall superintend the kitchen and laundry, and cause to be kept an accurate account of bedding, clothing, table, and other furniture. She shall perform such other duties 1as may be required. The Nurses; The Chief Nurse of each ward, under the direction of the their duties. Matron, shall have charge of the same with the convalescents room attached thereto. She shall keep a ward book, containing a list of patients, and an inventory of furniture, bedding, and other articles, and on each Tuesday shall make a return to the Matron of all occupants of the ward during the week. She shall keep, in a suitable book, a list of all parcels or property belonging to patients in her ward not in use, which property shall be deposited in a suitable room, under the charge of the Superintendent. She shall also keep a list of articles sent to the laundry, and if not returned in good condition report the same to the Matron. She shall perform such other duties as may be required. The Gatekeep- The Gatekeeper shall allow no one to enter or leave the Pr; his duties. premises unless duly authorized. CITY HOSPITAL. 13 He shall examine all permits, and, when so instructed, record the names of persons passing the gate. He shall keep in good order the. grounds, walks, and borders surrounding the Hospital, shall take care of horses and vehicles in the sheds, and shall perform such other duties as may be required of him. Applications for admission of patients shall be made at the Applications Hospital on each day of the week, at such hours as the Trustees may appoint. Whenever able, the patient should apply in person. When Patients unable to appear in not able to appear in person, application may be made by a person, to be friend, and the patient shall be visited by one of the Resident visited. Graduates, or by some physician designated by the Trustees. Any Trustee or either of the physicians or surgeons in attend- Permits in case of emergency. ance may, in case of emergency, send a patient in the first instance to the Hospital by written permit, and the Visiting Committee shall, on the certificate of one of the medical officers designated for the purpose, decide as soon as may be afterwards whether such patient shall r6main. Persons accidentally wounded or otherwise disabled or in-Admission of jured, shall be received at all hours, subject to such rules as the pdentrllysinTrustees may from time to time enact. jured. Permits for admission shall be subject to the approval of the Approval of Visiting Committee for the time being, or, in their absence, to permits. that of the Superintendent. The Visiting Committee, however, shall have the power at Powersofvisiting committee. any time to require the Superintendent to report to them the names of applicants before admitting them, and may dismiss any patient whom they think improperly admitted. Patients discharged on the recommendation of the physicians Certificates of discharge and or surgeons, shall be provided with a certificate stating their decease. condition at the time of discharge, whether cured, relieved, or riot relieved, which certificate shall be signed by the Superintendent. In case of the decease of any patient, the Superintendent shall sign a certificate to that effect, and shall furnish the City Registrar with a copy of the same. He shall also state the time and cause of death, the disposition made of body, whether de 14 CITY HOSPITAL. livered to friends or buried from the Hospital. In the last case he shall mention the place of interment. Paying pa- Patients may be admitted by the Trustees to the privileges tients. of the Hospital, at such rates of board as they may from time to time determine; such board being secured by their friends, or by the authorities of the place to which they belong. In all cases where in the opinion of the Trustees the circumstances of the patient will warrant it, the whole or a part of the board shall be paid. If separate apartments or articles not usually furnished at the Hospital are provided, such payment shall be made therefor as the Trustees shall deem reasonable. Disbursements. On or before the twentieth day of each month, the Superintendent shall submit to the Trustees the order and bill book, and all bills approved by any of the committees, with a schedule of the same, and also the pay-roll for salaries and wages, containing the names of the persons entitled to payment, with the amounts due to them respectively; and, if approved by the Board, said schedule shall be signed by the President, and with the pay-roll and bills shall be sent, on or before the twentieth day of each month, to the Auditor of Accounts for payment by the Treasurer. House Rules. Hours of pa- Patients must be in their proper places in the wards during tients. the visit of the physicians and surgeons, and always by 9, P. it. unless specially exempted by the Superintendent. Free patients Those free patients who are able, are expected to assist in to give assistance. nursing, and in such other services as may be reasonably required of them. Pass required Patients shall not leave the Hospital Grounds without a pass for leaving the from the Superintendent, nor their respective wards without the consent of the nurse in attendance. Purchases by No patient shall purchase, or cause any member of the housepatients: fees to officers. hold to purchase for him, any article of food whatsoever, nor any other article, without the consent of the Superintendent. Nor shall any officer or servant of the Hospital receive a gift or fee from a patient. CITY HOSPITAL. 15 Profane or obscene language, loud talking, and incivility, are Decorum. prohibited. No person shall be admitted to the Hospital whose case is Incurable, infectious, and judged to be incurable, unless there be urgent symptoms which contagious in the opinion of the physician or surgeon are capable of being cases. relieved. Nor shall any one be admitted having an infectious or contagious disease. No patient having acute syphilitic disease, or mania-a-potu, Acute syphilitic disease, shall be admitted as a charity patient, or at a lower rate than andmania-atwenty-five dollars a week for the former, and fifteen dollars for potu. the latter. Patients may be visited by clergymen of their own selection, Religious atand where there is a wish for the performance of any particular religious rite, it shall be indulged when practicable. It is expected that patients will implicitly obey the rules of Obedience to the Hospital. Complaints, for whatever cause, may be made to plaints. the Superintendent or Visiting Committee, and when reasonable shall be by them reported to the Trustees. No person shall visit any part of the premises, except on Visitors require business, or at such times as may be fixed for the reception of pemits visitors, without the permission of the Superintendent, or of some one of the Trustees. On each day of the week, Sundays excepted, from two to Friends may four o'clock r. I. friends may be permitted to visit patients, buttmtenot though no patient shall receive more than one visitor at the eat or sleep in the hospital; same time. In all cases, however, the trustees or Superintend- nor give articles to patients, ent may exercise discretionary powers as to excluding or admit- without perting visitors. mission. No visitor will be permitted to take any meal in the Hospital, or pass the night therein, without permission from the Superintendent. No visitor shall be allowed to give any article of food or drink to a patient, unless by permission of the nurse; and any article sent to the patients shall be left with the Superintendent. Nurses are required to be in their several wards each morning Hours of ready for duty, before the night watchers leave the same. nurses. Nurses are to decide what clothing or other articles patients Clothing of paare to retain in the ward. tients. 16 CITY HOSPITAL. General hours. All employes must be in their respective places during their hours of duty. The doors and gates of the Hospital will be closed at 93 P. rI. at which time all are expected to be quiet, and those not on duty, in their own rooms. Smoking prohi- The smoking of tobacco is prohibited within the Hospital, also the use of wine and intoxicating liquors, unless prescribed by a physician. Meals. The Matron, Resident Graduates, and Apothecary shall take their meals with the Superintendent; all other employ6s in the dining-room provided for them. Admission of The Trustees may grant any practitioner or student of medistudents. cine of one year's standing, on the joint recommendation of the Physician and Surgeon in attendance, a ticket of admission to follow the practice of the Hospital for not more than one year. Before receiving this ticket, the applicant shall sign an obligation to obey in all respects the By-Laws and Regulations of the Hospital. The privilege thus granted may be modified or revoked. No student shall be entitled to admission except at the regular hours for visiting, operation, or lecture. Every student when requested shall show his ticket to the porter at the gate, and shall conduct himself with decorum and propriety. It shall be the duty of the Superintendent to report any infringement of the rules to the Visiting Committee. Forms of appli- The form of application for admission shall be as follows. cation, admission, &c. Boston City Hospital. The undersigned, inhabitant of for the last and now residing at Born in being years of age, by employment a married and ill of requests to be admitted to the City Hospital. Boston,, 1.86 Certifcate of Admitting Physician. Having examined the condition of the said applicant, I find it a suitable case for admission to the City Hospital. -_, M. D. PUBLIC INSTITUTIONS. 17 TO BE SIGNED BY SUPERINTENDENT. Admit to the Hospital. Said is assigned to ward bed Extra payment, $ Transferred to ward bed Said is discharged, 186 -. -., Superintendent. PUBLIC INSTITUTIONS. RULES AND REGTULATIONS FOR THE Clerk to keep the register and books; SEVERAL INSTITUTIONS. to have charge of the stores. Receiving officer to receive the males; instruct them as to rules; Officers to be appointed annually; see to theirclothing, &c.; to have subject to removal; their compen- charge of the male dining halls. sation. Chaplain. Engineer. House of Industry. Teacher. Officers of House of Industry. Female Supervisor. Superintendent to nominate subordi- Chief Matron. nate officers; to make rules for First Assistant Matron. them; to enforce the orders of Second Assistant Matron. the Board; to suspend officers for Third Assistant Matron. cause; to make requisitions and give receipts; to examine persons House of Reformation. admitted, attend to their cleanli- Officers of the House of Reformaness, and care for the infirm and tion. children; to enforce discipline; Superintendent to have general to punish infraction of rules; to charge; to enforce the rules; register inmates and make daily may suspend delinquent officers; and weekly detailed reports. to make requisitions, see to Assistant Superintendent to aid the cleanliness, &c.; to keep records Superintendent, and act in his of inmates; to make daily reports absence. and annual report; may delegate Resident Physician to have charge of his powers. dispensary; visit the sick daily; Superintendent of Schools. make medical reports; supervise Teachers. the nurses, and to regulate the Physician. diet of the sick; may take stu- Chaplain. dents: to notify the Board before Female Supervisor. performing surgical operations. Matrons. I8 PUBLIC INSTITUTIONS. General Rules for the Houses of In- General Instructions for the officers dustry and Reformation. and matrons; deportment; disciAbsence of employes; corporal pun- pline; corporal punishment, &c. ishment; clothing for discharged General Regulations; disposition of persons; permits to visit; rules convicts; their labor: food; for visitors; contractors and clothing; stimulants; perquisites; agents; watchmen. visitors; punishments, &c.; contractors; visitors. House of Correction. Officers. Lunatic Hospital. Master to control the institution; to Officers. enforce the regulations; to see Superintendent to appoint subordithat prisoners are properly nates; to visit patients daily; see cleansed, located, &c.; to make to their food, cleanliness, warmth, rules and appoint subordinates; &c.; to make requisitions and to punish infraction of rules; to receipts; to keep a register of parequire daily medical visits to tients; to make daily reports and prisoners in "solitary;" to see an annual report; to notify the that the food and clothing are Board of patients ready for disgood and plentiful; to cause ac- charge, and of surgical operations counts to be kept; to make to be performed. requisitions and certify bills; to Assistant Superintendent to act in the keep a register of' inmates in absence of Superintendent. detail; to make daily and weekly Chaplain. reports, and annual report. Male Supervisor. Deputy Master to have charge in ab- Female Supervisor. sence of Master; to receive the Housekeeper. 2onvicts, and enforce obedience; Seamstress. not to inflict excessive punish- Laundress. ments; to make daily report of General Attendant. punishments. Watchmen. Receiving officer; his duties. Duties of attendants, and general reClerk. marks. Physician. General rules; permits; suspension Chaplain. of rules.'RULES AND REGULATIONS.1 )ficerss to be The officers for the Institutions hereafter named shall be chosen appointed annually. or appoannuallnnually, and whenever vacancies may occur, by Subject to removal; their the Board, unless otherwise provided by statute, ordinance, or compensation. these Rules, and shall hold their offices subject to removal at any time by vote of the Board, and shall receive such compensation as may from time to time be determined upon.'Rules and Regulations for the several institutions of the City of Boston, adopted February 22, 1861; amended August 16, 1864. See Laws and Ordinances, page 369; also chap. 241, statutes of 1865. PUBLIC INSTITUTIONS. 19 HOUSE OF INDUSTRY. I The officers of the House of Industry shall be a Superintend- Officers of ent, Assistant Superintendent, Resident Physician, Clerk, Re- House of In-'' dustry. ceiving Officer, Chaplain, Engineer, Teacher, Female Supervisor, Matron, Assistant Matrons, and such other subordinates and employes as may be required. The Superintendent of the House of Industry, who may also Superintendent be the Superintendent of the House of Reformation, if so elected, Industry, to shall be chosen annually in the months of April or May, and nominate subordinate offiwhenever a vacancy may occur, and shall reside at the Island, cers. in apartments assigned for his use. He shall, subject to the orders of the Board, have charge of the Institution in all its departments, and of all officers and employes, except as hereafter provided. He shall nominate the subordinate officers and employes, unless otherwise determined, subject to the approval of the Board. He shall have a code of rules not inconsistent with these To make rules for subordiRules, the ordinances of the city, or the statutes of the Comn- nates. monwealth, for the government of the subordinate officers and inmates, to be approved by the Board. It shall be his duty to see that all regulations and orders of To enforce the orders of the the Board are strictly enforced, and that all the officers and Board. employes are diligent in the discharge of their duties. In case of neglect of duty, or disobedience of orders, by any To suspend officers for cause. subordinate, or for any proper cause, the Superintendent shall have authority at once to suspend such officer from duty, and shall immediately make special report of the same to the Board, with a statement of the cause. He shall make requisitions for To make requisitions and give all articles needed, and receipt at once for all articles received, receipts. according to forms prescribed by the Board, and shall certify bills of articles received. He shall examine all persons admitted to the Institution, To examine persons admitnoting on the permit, or mittimus, such information as it is ted, attend to important to preserve, and in all cases where there is a proba- their cleanliness, and care bility of a settlement in the State by any one of them. He shall for the infirm and children. report to the Board a full description of such inmate. He shall 1See post. history of the House of Industry. 20 PUBLIC INSTITUTIONS. see that all inmates are properly cleansed and clothed upon their admission, and that thereafter they have a bath of the whole person at least once a week, and as much oftener as he may deem necessary. He shall be especially careful that the infirm and children are treated with considerate care and kindness by those placed over them. To enforce dis- He shall enforce obedience on the part of the inmates, to the cipline; to punishinfractionof rules prescribed for them, and shall see that those able to perrules. form labor are constantly employed. He shall have power to punish all wilful infractions of the rules, but shall communicate the facts in relation thereto on the next daily report. To register in- He shall keep a register of all inmates admitted and dismates, and make daily and charged, and make daily and weekly reports, according to forms weekly detailed prescribed by the Board, giving the names of all persons admitreports. n ted or discharged, and when sentenced, the offence for which committed, and the term of sentence, the births and deaths at the Institution, the punishments, and the causes thereof, and such other information as is worthy of remark. Upon the daily report he shall give the Physician's report of the sick, and on the weekly report a statement of the employment of the inmates. He shall annually, on the first day of January, submit a Report of the condition of the Institution, giving the number of inmates therein, and in which department, with the number of admissions thereto and discharges therefrom, and the births and deaths therein during the year, and such information and suggestions as he may deem important, or the Board may direct. Assistant Su- The Assistant Superintendent shall be chosen by the Board perintendent, to aid the Su- annually in the months of April or May, and whenever a perintendent, and act in his vacancy may occur, and shall reside at the Island in apartments absence. assigned him, and shall, subject to the rules and orders of the Board, aid the Superintendent in the discharge of his duties, and in case of his absence, sickness, or disability, act as Superintendent. He shall attend the services in the Chapel on Sunday, and see that good order and decorum are maintained, and shall at all times perform such duties as may be required of him by the Superintendent. When directed by the Super PUBLIC INSTITUTIONS. 21 intendent of the House of Reformation, he shall, under his direction, also act as Assistant Superintendent of that Institution. The Resident Physician shall be elected by the Board annu- Residenlt Physially, in the months of April or May, and whenever a vacancy carge of Dismay occur, and shall reside at the Island in apartments assigned pensary. him. He may be Superintendent of the House of Industry and House of Reformation, if so elected. He shall have charge of the Dispensary, and all surgical or other instruments belonging to the medical department, and shall keep an account thereof, and be responsible therefor, and shall make requisitions upon the Superintendent for all medicines or other articles needed for the department. It shall be his duty to give careful attention to the sick in To visit the sick daily; each Institution at the Island, visiting them once in each day, make medical and as much oftener as shall be necessary, and shall keep a reports. record of the names and diseases of each invalid, and of their treatment and the results, and daily to report to the Superintendent the name, disease, and condition of each patient in the hospital. He shall see that the nurses faithfully discharge their duties, Supervise tile nurses. and shall report to the Superintendent any neglect or improper conduct on the part of any nurse or patient, and also give him notice of all convalescents able to perform labor, so that they may be employed. The sustenance and diet of those in the hospitals shall be Regulate the diet of the sick. regulated by him, through requisitions therefor upon the Superintendent, which must be in writing, and given daily. He shall be allowed, if thought necessary by the Board, to May take stutake students, who may have charge of the Dispensary, but dents. shall not have access to other apartments than the hospitals, nor hold communication with any inmates, except in pursuance of his medical duty. He shall not perform, or allow to be performed, any impor- To notify the tant surgical operation, without having previously notified the Borad before Board. Whenever he may deem it necessary or expedient to gical operacall a consultation of physicians, he shall give notice to the Board. 22 PUBLIC INSTITUTIONS. Clerk to keep The Clerk shall be elected by the Board annually in the the registers and books. months of April or May, and whenever a vacancy may occur, and shall reside at the Island. It shall be his duty, under the direction of the Superintendent, to keep the registers and other books of the Institutions at the Island, and render such other services as may, from time to time, be required. To have charge IIe shall be the Storekeeper; and it shall be his duty, under of stores. the Superintendent, to have charge of all stores, and other movable property (except for the medical department), to the receipt and distribution of which he shall personally attend, making deliveries only on the written order of the Superintendent, which he shall preserve as vouchers for the disposal of the property. He shall keep a record of all articles furnished to the Sewing Department, and of the number of garments returned from the same. In the absence of both Superintendent and Assistant he shall act as Superintendent. Receiving off- The Receiving Officer shall, under the direction of the Supercer to receive the males; in- intendent, have special charge of the male receiving room, and struet them as attend to cleansing the male inmates on their reception to the to rules; see to their clothing, Institution, and at other times. He shall read and explain the &c. rules of the Institution for the government of inmates to all paupers and prisoners upon their admission. He shall have special charge of the clothing worn by the male. inmates on their entrance, and after so much of it as is worth saving has been thoroughly cleansed, shall keep such record of the same as will insure its return to the inmate on his discharge. He shall, at proper and stated times, have the clothing and bedclothes changed, and replaced with clean, and see that the articles which have been in use are conveyed to the laundry to To have charge be cleansed. He shall aid in the charge and oversight of the of the male dining-halls. male dining halls, and generally perform such other duties as may be required of him. Chaplain. The Chaplain, who shall be Chaplain to the several Institutions at the Island, shall be elected by the Board, and shall hold religious services in the Chapel at least once on every Sabbath, and as much oftener as the Board may direct, at such PUBLIC INSTITUTIONS. 23 hours as the Superintendent may appoint, and shall, at all times, visit such sick or dying inmates as may desire his ministration, or as the Superintendent may direct. He shall not be allowed to exchange or send any substitute without the consent of the Superintendent, or the Board. The Engineer shall, subject to the order of the Superintend- Engineer. ent, have charge of the engine-house, boilers, engine, and apparatus connected with the heating of the building and furnishing steam for cooking and bathing. He may examine the different parts of the building, heated by steam, to see if the temperature agrees with the directions of the Superintendent, but for no other purpose unless specially so directed, and must not hold communication with any of the inmates, except in pursuance of his duty. He must not be absent from the Island without first giving notice to the Superintendent, and obtaining his consent. The Teacher, and such assistants as may from time to time Teacher. be necessary, shall be required to instruct the children in such elementary branches of an English education and otherwise, as the Board may direct, to advance them in the knowledge best fitted to enable them to make their own way in life; and also to impress upon them, by all proper means, the duties of temperance, frugality, and honesty, and the ruinous consequences of vice. It shall also be the duty of the Teacher to take charge of the children during service in the Chapel, and give them religious instruction in the schoolroom for at least one hour of each Sunday. The Female Supervisor shall, under the Superintendent, Female Supervisor. have the general oversight of the domestic management of the Institution, and the direction of the matrons and female employes, and shall report any case of negligence, inefficiency, or mismanagement to the Superintendent, whenever it is discovered. The Chief Matron shall, subject to the orders of the Female Chief Matron. Supervisor, have charge and oversight of the female inmates, and see that they are properly provided for and detailed to the several branches of labor, assigning to each such kind as, under the circumstances, she is best fitted to perform. She shall have 24 PUBLIC INSTITUTIONS. special charge of the sewing-room and the direction of the women employed therein, and apply to the Superintendent for the material necessary for making up clothing and for other purposes connected with her department, and attend to the distribution of articles so made, or deposit them with the storekeeper. She shall, at proper and stated times, have the clothing and bedding of the females changed and replaced with clean apparel, and see that the portion which has been used is properly cleansed, and that all clothing and bedding that may require it, is thoroughly repaired, after having passed through the laundry, before being again distributed for use. She shall be vigilant over every part of the Institution assigned to her charge, especially in regard to cleanliness, and to the daily ablution and occasionally bathing of the whole person of each of the female inmates. First Assistant The First Assistant Matron shall, subject to the orders of Matron. the Female Supervisor, have direction of the operations of the kitchen in the preparation of food for the inmates, and see that strict economy is exercised, and that the meals are properly served at the appointed hours. She shall see that cleanliness and good order and decorum are at all times observed in her department, and generally perform such other duties as may be required. Second Assist- The Second Assistant Matron shall, subject to the orders of ant Matron. the Female Supervisor, have special charge of the female pauper's department, and shall see that proper order and cleanliness are maintained in the several wards, and that such inmates as are able are constantly employed at some proper work. She shall have charge of the female pauper dining-hall, and superintend the distribution of food prepared for the several meals, and see that no waste is permitted, and shall generally perform such other duties as may be required. The Third Assistant Matron shall, subject to the order of the Third Assistant Matron. Female Supervisor, have special charge of the laundry and the operations therein. She shall have charge of the female receiving room, and attend to the cleansing of the women and children upon their admission, and during their stay. She shall have special charge of the clothing worn upon their PUBLIC INSTITUTIONS. 25 entrance, and after so much of it as is worth saving has been cleansed, shall keep such record of the same as will insure its return to the inmates upon discharge. She shall generally perform such other duties as may be required. HOUSE OF REFORMATION. The Officers of the House of Reformation shall be a Super- Ofcers. intendent, Chaplain, Physician, Superintendent of Schools, Teachers, Female Supervisor, Matrons, and such watchmen and employes as the Board may deem necessary. The Superintendent of the House of Reformation shall be Superintendent of the House of chosen by the Board annually, in the months of April or May, Reformation. and whenever a vacancy may occur, and may be the same person as the Superintendent of the House of Industry, who shall reside at the Island in apartments assigned him. He shall, subject to the orders of the Board, have the general To have gencharge of the several branches of the Institution, and of the arg inmates committed thereto, and the subordinate officers thereof, except as may hereafter be provided. He shall nominate the subordinate officers and employes, unless otherwise provided, subject to the approval of the Board. He shall have a code of rules for conducting the Institution, Enforce the to be approved by the Board, and it shall be his duty to see end deliniqusnt that all rules and regulations are strictly enforced, and that the officers. employes are diligent in the discharge of their duties. In case of neglect of duty or disobedience of orders by any subordinate, or for any other proper cause, he shall have authority to suspend such officer from duty, and shall immediately report the same to the Board, with a statement of the cause. He shall make requisitions, through the Superintendent of To make requisitions; see to the House of Industry, for all articles needed. He shall see cleanliness, &c. that every inmate is thoroughly cleansed, and properly clothed, upon admission, and that they have a bath of the whole person once in each week, and as much oftener as he may deem necessary, and are taught generally to be cleanly in their per 26 PUBLIC INSTITUTIONS. sons, and attentive to their studies, and that such of the boys as are capable are employed at work on the farm or otherwise. To keep record He shall keep a register, according to plans adopted by the of inmates. Board, of the name, age, and birthplace of every inmate committed to the Institution, with the date of admission, the court from which sent, and the term of sentence. He shall also keep a record of the names, birthplace, residence, occupation, and habits of the parents of the inmates as far as they can be obtained, together with such other information connected with the history of the inmates, as may be important. To make daily He shall make daily reports to the Board, according to forms reports. prescribed, giving the admissions, discharges, deaths, punishments, with the cause thereof, and the Physician's report of the sick, together with information of all occurrences of the Institution worthy of remark. Annual Report. He shall annually, on the first of January, submit a Report, embracing the reports of the teachers, containing a statement of the number of inmates admitted and discharged during the year, with the number remaining, and the condition of the Institution at the close of the year, with such other information and suggestions as he may deem important, or the Board may require. May delegate He may delegate his powers to the Assistant Superintendent his powers. of the House of Industry, or other person, to act as Superintendent during his absence from the Institutions. Superintendent The Superintendent of Schools, who may be the Chaplain, if of Schools. so appointed, shall have supervision of the teachers of both the male and female departments. He shall have charge of the discipline of the children, with authority to punish minor offences, subject to the direction of the Superintendent. He shall do such teaching as the Superintendent may direct. In the month of December, annually, he shall report to the Superintendent the condition of the schools in the Institution, with such information and suggestions in relation thereto as he may deem important. Teachers. There shall be such male and female teachers as the Board may deem necessary, who shall reside at the Island, in apart PUBLIC INSTITUTIONS. 27 ments assigned them. It shall be their duty to see that the inmates under their charge are instructed in such manner as the Superintendent may direct, and that their physical, moral, and religious improvement is properly regarded. They shall attend to the enforcement of all rules and directions, and in every way aid in securing cleanliness of the premises, and the cleanliness, order, and obedience of the inmates. The duties of Physician shall be performed by the Resident Physician. Physician, under the general powers conferred on him, who shall daily report the condition of the sick to the Superintendent. The duties of Chaplain shall be performed by the Chaplain of Chaplain. the House of Industry. The duties of Female Supervisor shall be performed by the Female SuperFemale Supervisor of the House of Industry, subject to the same duties, and with the same general powers, as conferred on her by the rules of the House of Industry. The Matrons, under the direction of the Female Supervisor, Matrons. shall exercise general oversight of the cleansing of the apartments, particularly the sleeping rooms, and perform such other duties as may be required of them. General Rules for the Houses of Industry and Reformation.' The whole time of the employes belongs to the Institution, Absenceof employes, and no one of them shall be absent from the Island without the consent of the Superintendent, or permission of the Board. No employe shall be allowed to inflict corporal punishment, Corporalpun. or otherwise maltreat any inmate, nor shall any punishment be ishment. allowed, except by direction of the Superintendent. No spirituous liquors or tobacco shall be furnished to any sentenced 1 The houses of Industry and Reformation being located in the same building, the general Rules apply to the officers of both. 28 PUBLIC INSTITUTIONS. inmate, except by order of the Physician, and smoking by the inmates is strictly prohibited. Clothing for Paupers and prisoners about to be discharged in need of comdischarged persons. fortable clothing, shall be furnished by the Institution, notice having been given to the Board by the Superintendent a week beforehand, to that effect. Permits to Persons visiting the Institutions, except members of the City visit. Council, must have a permit from some member of the Board, or the Mayor of the city, or have the assent of the Superintendent. Such visitors (except members of the City Council), unless accompanied by a director, shall not be allowed to go over any building, or around the grounds, unless accompanied by an officer, who, when the visit is completed, Rules for visi- shall return them to the office on the wharf. Visitors shall not tors. be allowed any communication with the inmates, or to furnish them any articles, except by permission of the Superintendent, or a director. Visitors shall be required to place their names on the register kept at the office on the wharf for that purpose, and the Superintendent shall, on his next daily report, submit the names of such visitors, and by whom permitted. As far as practicable, visiting to sentenced inmates shall be at the reception room on the wharf. Contractors Contractors who may hire the labor of inmates, and agents and agents. of such contractors, shall not be permitted to have any conversation with the inmates, but such as may be necessary to instruct them in their work, or to give directions in relation thereto; nor shall they be permitted to visit any other parts of the Institutions than those assigned them. They shall be subject to the rules and regulations of the Institution, and such agents shall be removable at the pleasure of the Superintendent. Contractors or their agents shall not be allowed to carry into or use any spirituous liquors at the Institution, nor shall they give any perquisite, overstint money, or reward of any kind to convicts in their employ, or grant them any favor inconsistent with the rules and regulations of the Institution. PUBLIC INSTITUTIONS. 29 The watchmen shall keep watch during the night, in such Watchmen. manner and for such periods as the Superintendent shall direct, and during the daytime perform such duties as may be required. HOUSE OF CORRECTION. The officers of the House of Correction shall be a Master, Officers. Deputy Master, Receiving Officer, Clerk, Physician, Chaplain, and such number of male and female assistants as the Board may from time to time deem necessary. The Master of the House of Correction, subject to the orders Master to conof the Board, shall have the control and management of all who tion. are employed at the Institution. He shall have the entire management and control of the convicts, subject to the laws defining the powers and duties of Masters of Houses of Correction, and such directions not inconsistent therewith, or the Ordinances of the city, as he may receive from the Board. He shall reside at the Institution in apartments assigned him. It shall be his duty to see that the police and other regula- To enforce the tions for the management of the Institution and the employment regulations. of the inmates, and all orders of the Board, are duly enforced, and that the subordinate officers and others employed faithfully discharge their duties. He shall examine all persons committed to the Institution, To seethat prisoners are noting on the mittimus such facts as it is important to preserve, properly cleansed, loand cause them to be thoroughly cleansed and suitably located, cated, &c. and see that the rules for insuring cleanliness by daily ablution and the weekly bathing of the whole persons are strictly observed. He shall have a code of rules for conducting the Institution, To make rules and appoint to be approved by the Board, and such parts as relate to the subordinates. prisoners shall be read to them in the Chapel at least once a month. He " shall appoint all subordinate assistants, employes, and officers for whom he shall be responsible," and at once report the same to the Board. 30 PUBLIC INSTITUTIONS. To punish in- He shall enforce obedience on the part of the inmates to the fraction of rules. rules prescribed for them, and shall have power at his discretion to punish according to law all wilful infractions, such punishments and the cause thereof to be reported to the Board on the next daily report after the occurrence. To require daily It shall be his duty to have all prisoners while in solitary conmedoal pisos ifinement visited by the Physician once in each day during such solitary. confinement. To see that the He shall see that the provisions furnished to the inmates are food and cloth-...v ins is good and of good quality and in sufficient quantity, and that no waste is plentiful. allowed, and also that every part of the premises is kept clean, and the several apartments are properly warmed and ventilated, and such of the inmates as are able to labor are constantly employed. In case any prisoner going out may require clothing, he shall make report thereof to the Board at least one week before his discharge, so that he may be suitably provided with the same; and should pecuniary aid be thought proper in any case, the Master may grant it to an amount not exceeding five dollars. To cause ac- He shall cause regular books to be kept, showing the quality counts to be kept. and amount of articles received at the Institution for the supply of the same, and also of the money received for the sales of produce or otherwise, which books shall at all times be open to the examination of the Board. To makerequi- He shall make requisitions on the Board for all articles sitions and certify bills. needed, and receipt at once for all articles received, according to forms prescribed, and also certify the bills of such articles. To keeparegis- He shall keep a Register of all inmates admitted or dister of inmates indetail; make charged, embracing the term of sentence and the offence for daily ryanweek-which committed, and make daily and weekly reports, according to forms prescribed, giving the names of all persons admitted or discharged, the offence for which committed, and the term of sentence,- the births and deaths,- the Physician's report of the sick, the punishments and the causes thereof, and such other information as is worthy of remark. Upon the weekly report he shall also give a statement of the employment of the inmlates. PUBLIC INSTITUTIONS. 31 He shall annually, on the first of January, submit a report of To make an anthe condition of the Institution, and number of inmates, giving the number of admissions thereto and discharges therefrom,the births, deaths, and number of inmates therein during the year, with such information and suggestions as he may deem important or the Board may require. During the absence of the Master, or his sickness or other DeputyMAaster to act in the abdisability, the charge of the Institution shall devolve upon the sence of the Deputy, and he shall be responsible for its good order and the Master. preservation of its discipline, and shall not absent himself from the prison during the time the convicts are out of the cells, without permission of the Master. He shall, subject to the directions of the Master, have a general and superintending care of the prison, especially its police and discipline, and see that all the rules and regulations, and orders of the Master are strictly observed. He shall be constantly about the establishment, visiting frequently the workshops, kitchen, hospitals, and all departments of the prison, and must, if possible, always be present at the opening and closing of the prison, and also attend in the Chapel during the performance of religious services. On receiving convicts he shall cause to be read and explained To receive convicts. to them such extracts from the rules of the prison as may be necessary to enable them to understand their duty and the discipline to which they are to be subjected. He shall assign them their cells, and shall station them in the department of labor directed by the Mlaster. He shall enforce obedience to the officers on the part of the Enforce obedience. convicts, and report to the Master all violations of discipline, or rectify them in a prompt and decisive manner. When he feels the least doubt as to the proper course to be pursued, he shall, if possible, not act without consultation with the Master. In deciding on the propriety and extent of punishment Not to inflict necessary to be inflicted during the absence of the Master, he ishments. shall be governed by previous examples, always keeping within the limits of a sound discretion, and the laws of the Commonwealth, making due allowance for possible ignorance of duty, or of mental imbecility, on the part of the convict, and 32 PUBLIC INSTITUTIONS. ever exercising a just degree of lenity, without shrinking from the discharge of a highly responsible and very unpleasant duty. To make daily He shall present to the Master, on the morning of every report of punishments. day, a report, closed at 7 o'clock of the previous day, stating therein all cases of punishment, and the occasion of them, and the number in solitary confinement —the names, duty, and stations of the officers composing the prior night guard, together with any important occurrences that may have taken place within the Institution during the preceding twenty-four hours. To give notice He shall give notice on the Bulletin Board, every Saturday of "first bell;". leaves of ab- afternoon, of the time for ringing the first bell in the morning senc~e. of the ensuing week, as directed by the Master. He shall not grant leave of absence to any officer without consulting the Master, nor himself be absent at the same time as the Master, except in cases of great emergency. Receiving off- The Receiving Officer shall take charge of all convicts on cer; his duties. their admission, conducting the females to the proper Matron of the female department, and examining all males at the receiving room, where he shall cause them to be stripped and thoroughly cleansed, and have their beard and whiskers shaven off, and their hair cut if necessary. He' shall make an entry, in a book, kept for the purpose, of the clothing and all articles beloncring to the inmates, and shall have such part of the clothing as is worth preserving cleansed and placed away, to be restored to them upon their discharge. He shall aid the Deputy Master in a superintending care of the prison, hospital, and yard, and be careful that they are kept in proper order, and shall discharge male convicts on the expiration of their sentence, according to a list furnished to him monthly. He shall distribute rations to those in solitary confinemenit and shall regularly attend upon the Physician during his visits to the sick, and attend to the delivery of the medicines, and the treatment he may prescribe for the patients. He shall, if desired, be present in the yard when the female prisoners are passing to or from the Prison or Chapel, and perform such other duties as may be required of him. In the absence of the Master and Deputy Master, or their PUBLIC INSTITUTIONS. sickness or disability to act, he shall have charge of the Institution. The Clerk shall keep the books of the Institution conform- Clerk, ably to the laws and such plans as may be adopted by the Board. He shall keep a distinct account with each department of the prison, so as readily to know the result of their operations, and attend to the subsidiary books of the different departments, and make up the daily and weekly reports, and perform all necessary writing for the prison. He shall be present during the hours of labor, unless excused by the Master, and receive the reports of the officers of divisions on locking up at night. He shall give constant attention to the interests of the Institution and the duties of his office, and perform such other duties as may. be required. The Physician shall be elected by the Board annually, in the Physician, months of April or May, and whenever a vacancy may occur. It shall be his duty to visit the Institution once each day, and as much oftener as may be necessary, and to examine carefully into every case of sickness or inability to labor, and prescribe such medicines and course of diet or treatment as he may deem proper, and notify the Master of all convalescents able to perform labor. He shall, from time to time, furnish the Master a list of such medicines as may be needed for the Dispensary, and report to him any neglect or improper conduct on the part of the nurses or those in attendance that may come to his knowledge. The sustenance and diet'of those in the hospitals shall be regulated by him, through requisitions therefor upon the Master, which must be in writing, and given daily. He shall keep a record of patients in the hospitals, designating the time of admission thereto, with the nature of the disease and the treatment, and the date of discharge or death, and shall make a daily report, in writing, to the Master, of each person in the hospital, and their condition. No critical surgical operation shall be performed, except in cases of urgent necessity, without the sanction of the Board. The Chaplain shall be'elected by the Board, annually, in the Chaplain. 34 PUBLIC INSTITUTIONS. months of April or May, and whenever a vacancy may occur. It shall be his duty to perform divine service on the Sabbath, and such other times as may be set apart by the Board for religious exercises, and shall visit the sick, instruct the inmates in their moral and religious duties, and counsel and advise them prior to their discharge, and perform such other duty in his capacity as the Board or the Master may require. He shall not be allowed to exchange or send any substitute without the consent of the Superintendent or the Board. General Instructions for the Offcers and Matrons. The Officers and Matrons shall strictly observe all orders that they may receive from the Master. or Deputy Master. Deportment; As the reputation of the officers is more or less affected by discipline, cor- the good order and discipline of the prison, it is incumbent upon poral punishment, &c. all to conduct themselves with correctness of deportment as well without as within the Institution. In the presence of convicts, it is important and necessary to show due respect for the opinions and orders of each other and observe the utmost propriety of demeanor and language. In all intercourse with convicts, the most uniform evenness of temper and deep interest in the prosecution of the labors or duties of which they may have charge should be exhibited, evincing those examples which are more salutary than precept, and at the same time manifesting firmness and forbearance, to look down the lazy and vicious, and kindly regard those who conduct with propriety. All orders to the convicts should be given with the utmost possible distinctness, so as to be clearly understood. Every officer immediately engaged in the government of the inmates must notice and report to the Master or Deputy all cases of violation of the Rules that may fall under his observation. Should a convict refuse or hesitate to obey the orders of an officer, he shall be admonished and informed of the consequences of disobedience; if he still persists, the officer shall send for the Master or Deputy, or, if they are absent, PUBLIC INSTITUTIONS. 35 the receiving officer, or shall take such measures as the emergency may require to enforce obedience for the time being, and report the same to the Master or Deputy as soon as may be. No officer shall be allowed to inflict corporal punishment, or otherwise maltreat any convict, nor shall any punishment be allowed except by authority of the Master or Deputy; but in case of a rebellion, or insubordination, the officer in charge shall use his own discretion, with such means as he may have at command to quell it. No officer or matron, in any case, shall use insulting or irritating language towards the convicts. If there is any talking or noise in the shops or prison, the officers must ascertain where the same is made, and see who the person is, speaking in a low tone, in such manner, if possible, that the convict next will not hear. At night, the outside doors of the prison shall be locked as soon as the convicts are in their cells, and particular care shall be taken of the keys until they are delivered to the Master or Deputy. The male prison cells must not be unlocked during the night, unless ordered by the Master or his Deputy, nor in the morning without three officers being present, nor the female prison cells without two Matrons being present. The officers are reminded that they must not talk with each other, with visitors, or with agents and contractors, or superintendents, in the hearing of the convicts. On all occasions, as little conversation shall be permitted in the prison while the convicts are there, as the duty required will admit of, and that in a low tone of voice; common conversation with the convicts is inconsistent with the dignity of an officer, and is not allowed. The Officers and Matrons are required to see that the public property is not wasted or misapplied, and that all complaints by the convicts to the officers, respecting food, clothing, or ill treatment, are communicated to the Master or Deputy without delay. The Watchman shall keep watch during the night time in such manner, and for such periods, as the Master or Deputy shall determine; and during the daytime, perform such other duties as may be required. 36 PUBLIC INSTITUTIONS. General Regulations. Disposition of The convicts, during the whole time when they are not taken convictsr; out for work, or other purposes, by order of the Master, shall food; cloth- be kept locked in their several cells, in no case more than one ing; stimulants; visitors; being allowed to each cell, except in cases of special emergency, perquisites; punishments, and while so shut up, shall preserve perfect silence, except in s&c. cases of illness, when they shall be allowed to speak to the officer then in charge of the cells. They shall be taken out for work on all days but Sundays and holidays, at sunrise, and shall labor at the work assigned them through the day, with the exception of a half hour's respite for each meal, when they shall be reconducted to their cells, receiving their rations at some convenient place as they go. On Sundays, the prisoners shall be conducted to the Chapel, at the times of public worship, and seated in such manner as the Master may direct. During the times when they are moving to and from the Chapel, or to and from the workshops, entire silence, and the most perfect order and decorum, shall be maintained. Their food shall be such as the Board may, from time to time, determine. The convicts shall have clean clothes as often as once a week, and as much oftener as the Master shall direct. No spirituous liquors or tobacco shall be furnished to any prisoner, except by order of the Physician. No trafficking shall be allowed between the officers and convicts, nor shall any officer be allowed to receive any perquisite, in any shape, in addition to the compensation allowed him by the Board. Trafficking among the convicts is prohibited, and they shall not be allowed to receive anything from without the premises, or hold any intercourse with persons outside, without express permission of the Master, or the Board. When visitors are present, no convict shall be allowed to address them, without permission, except in answer to such questions as may be asked by a Director, or members of the City Government authorized to examine into the state of the Institution. PUBLIC INSTITUTIONS. 37 For every failure to comply with the foregoing requirements, or for any insolent or insubordinate behavior, or neglect or refusal to obey the orders of the Master, or those having charge by his direction, or for gross or profane language towards the officers, or each other, or defacing the cells, or any of the furniture thereof, or any part of the premises, and for any want of decent and proper deportment in the Chapel, or in the presence of the Chaplain, the convicts so offending shall be punished by being kept on bread and water in solitary confinement, for a term not exceeding ten days; and it shall be the duty of the Master to have every such convict visited by the Physician once a day during such confinement. Contractors who hire convicts may have agents, removable at Contractors. the pleasure of the Master, to oversee their business, or direct the convicts in their labor; but neither the contractors nor the agents shall be allowed to hold any conversation with the convicts, but such as is necessary to instruct them in their work, or give them directions in relation thereto. The contractors, their agents, and all persons who may visit the prison on their account, shall be subject to the rules and regulations of the Institution. Teamsters, or other persons in the employ of contractors, who may occasionally visit the prison, shall not be allowed to speak to a convict, without permission of the Master, nor shall they be allowed the privileges granted to the contractors and their agents. Contractors, or their agents, shall not allow any perquisite, overstint money, or reward of any kind, to the convicts, while in their employ, nor be permitted to give them anything, or grant them any favor inconsistent with the rules and regulations of the Institution, or be allowed to have any conversation with an officer while on duty, but such as may be in relation to convicts employed by them. The contractors, their agents, or persons employed by them, if spoken to by a convict on subjects other than those relating to the work or business in which they may be engaged, shall report such convict to the officer in charge, or to the Master, or Deputy Master, without delay. 138 PUBLIC IN STITUTIONS. Visitors. No persons, except the City Council, shall enter the premises without a permit from a member of the Board, or the Mayor of the city, or have permission of the Superintendent. Visitors cannot be admitted, except in extraordinary cases, or on business, before 8 o'clock in the morning, nor at the dinner hour, between 11T o'clock and 1 o'clock, nor after one hour previous to sunset, and are prohibited from conversing with the convicts without permission of the Master, or some member of the Board first obtained. Visitors shall be required to place their names on the Register kept at the office for that purpose, and the Master shall, in his next daily report, submit the names of all such visitors, and by whom permitted. Female visitors can only be admitted to the premises assigned to female convicts. The time for visiting convicts shall be on the fourth Wednesday of each month. LUNATIC HOSPITAL. Officers. The officers of the Lunatic Hospital shall be a Superintendent, Assistant Superintendent, Chaplain, Male Supervisor, Female Supervisor, Housekeeper, Seamstress, Laundress, and Watchman, and such male and female attendants and employves as the Board may, from time to time, deem necessary. Superintendent. The Superintendent of the Lunatic Hospital, who must be a Physician, shall be elected in the month of February, or whenever a vacancy may occur, and shall reside at the Institution. He shall, subject to the rules and orders of the Board, have charge and control over all the departments of the Institution, and all persons employed at the same, and shall have authority, To appoint sub-unless otherwise provided, to appoint all subordinate officers ordinltes. and employes, subject to approval of the Board, and to remove the same, and shall also perform the duties of Physician to such other institutions under the charge of the Board as they shall require. Tovisitpatients He shall visit all the patients at least once on each day, and daily. as much oftener as may be necessary, giving his personal atten PUBLIC INSTITUTIONS. 39 tion to their mental and physical condition, and calling consultations whenever it may be necessary and expedient. He shall see that the food furnished is of good quality, and sufficient in See to food; cleanliness, quantity, that the premises are kept clean and in order, and warmth, &c. that the halls and apartments are properly warmed and ventilated, and generally see that the affairs of the Institution are conducted in accordance with these Rules. He shall make requisitions for all articles needed for the To make requiInstitution, and receipt at once for all articles received, accord- ceipts, and keep ing to forms prescribed by the Board, and certify the bills of a register of patients. such articles. He shall keep a register of the names, age, and, as far as can be ascertained, the birthplace, and nature and cause of their insanity, with the date of admission and discharge of all patients, and hlow or by whom admitted. He shall make daily reports to the Board, according to forms To make daily reports, and an prescribed, showing the admissions, and discharges, and condi- annual report. tion of the sick, and, in case of death, the probable immediate cause, and the disposition made or to be made of the body, with such other information as may be necessary to keep them fully advised of the condition of the Institution. He shall annually on the first of January, submit a Report of the condition of the Institution, embracing a statement of the number of inmates, with the ilumber admitted thereto and discharged therefrom, and births and deaths therein during the year, with such other information and suggestions as he may think proper, or the Board may require. When a patient is in condition to be discharged, he shall To notify the notify the Board thereof, that they may act upon the same at tients ready for their next meeting. In case he desires to be absent from the discharge, and of surgical opeInstitution for more than twenty-four hours at any one time, rations to be due notice shall be given to the Board, so that they may act performed. upon the same as the welfare of the Institution may require. He shall not perform, or allow to be performed, any important surgical operation without having previously notified the Board. The Assistant Superintendent, who must be a Physician, Assistant sushall be elected by the Board annually in the months of April, perintendent. 40 PUBLIC INSTITUTIONS. or May, and whenever a vacancy may occur, and shall reside To act in ab- at the Institution, and, in the absence of the Superintendent, sence of Supertendent. shall have charge. It shall be his duty, acting under orders of the Superintendent, to aid him in the discharge of his duties; have charge of the Dispensary, and perform the writing for the Institution, if required, and generally see that the rules and regulations and orders of the Superintendent are strictly complied with, and also perform such other duties in his said capacity as may be required. His absence from the Institution at the same time as the Superintendent is strictly prohibited. Chaplain. The Chaplain shall be elected by the Board annually in the months of April or May, and whenever a vacancy may occur, and shall conduct divine service in the Chapel on each Sunday, at such hour as the Superintendent may arrange, and shall perform such other official services during the week as may be required of him. Male Super- The Male Supervisor shall devote his whole time and attenvisor. tion to the interests of the Institution, and perform such duty as the Superintendent may require. It shall be his duty to see that personal cleanliness is maihtained among the male patients; that all the premises are kept clean and in order, and the apartments properly warmed and ventilated; that the clothes and bedding of the patients are suitable and clean, arid that the inmates are faithfully cared for and kindly treated by the attendants and persons placed over them. He shall attend in the dining-hall of the male patients at meal hours, to see that the food is in proper condition when received from the kitchen, and that it is equitably served and properly distributed. He shall note, in a memorandum book kept for that purpose, any remissness on the part of the attendants or other persons employed, or occurrences coming to his notice, that may in any degree affect the general welfare of the Institution, and report the same immediately or daily to the Superintendent. In case of the absence of the Superintendent and Assistant Superintendent, he shall have charge of the Institution. Female super- The Female Supervisor shall, as far as practicable, be the visor. PUBLIC INSTITUTIONS. 41 counterpart of the Male Supervisor, and shall exercise special oversight of the female attendants, and the patients, and their apartments, and perform such other duties as the Superintendent may require. The Housekeeper shall see that the internal arrangements of Housekeeper. the household, other than the patients' apartments, are properly conducted; that all parts of the house are kept clean and in good order; and to report to the Superintendent any remissness of duty on the part of persons employed therein. She shall superintend the cooking for the patients, and for the household, and attend to its regular distribution from the kitchen at such hour as may be designated by the Superintendent, and perform such other duties as may be required. The Seamstress shall have charge of the sewing-room, and Seamstress. of making and repairing the clothing and bedding of the patients; and shall furnish employment therein for as many of the female patients as can be profitably and safely employed. She shall keep the Superintendent apprised of all wants as they may occur in the clothing department, and also of any negligence in the use or custody of garments or bedding, and perform such other services as may be required. The Laundress shall have charge of the washing and ironing Laundress. department, and see that the clothing of the patients and of the household is duly received, attended to, and returned; that order and neatness prevail among those under her direction, and that as many of the patients as can be made serviceable in her department are at all times employed. She shall, from time to time, confer with the Seamstress, Supervisors, and Housekeeper, respecting the condition of the clothing and bedding, as they come to and go from her department, and shall generally perform such other duties as the Superintendent may require. The General Attendant shall, subject to the orders of the GeneralAttendSuperintendent, have charge of all duties outside of the Hos- ant. pital, including the stable, grounds, and buildings thereon, and shall have oversight of patients employed upon the grounds, 6 42 PUBLIC INSTITUTIONS. and generally make himself useful in performing such other duties as may be required. Watchman. The Watchman shall faithfully watch and guard the buildings and grounds during the night, beginning, going, and leaving his rounds as the Superintendent may direct, and during the day perform such other services as may be required. Duties of The whole time of the attendants belongs to the Institution; Attendants, and general and it is required that every one shall promptly and cheerfully remarks. obey all the directions given, and perform all the duties required by the Superintendent, Assistant Superintendent, or either Supervisor; and that each of these officers shall, on all occasions, be treated with courtesy and respect. The subordinate officers are to eat at one table, and punctuality at meals is enjoined upon all. Conversations between officers or attendants, in relation to the discipline or management of the Institution, must not be made in the hearing of any patient. No one employed in the Hospital shall convey any letters or messages from the patients to any one out of the Asylum, without leave of the Superintendent. No subordinate officer or stranger shall enter the female halls, without permission from the Superintendent. Each one will be held responsible for the duties of his or her department, and should be ambitious to discharge those duties in a satisfactory manner. The attendants are not allowed to take any article of property from the house. A Book shall be kept by the Superintendent, in which it shall be the duty of the Supervisors to enter all articles wanted in their respective apartments, with the date of each entry. Self-respect is especially enjoined upon all; and as the patients will naturally imitate the manners and habits of the attendants, it is of the greatest importance in these respects, as in all others, that a good example should be set before them. The dress of the attendants should always be neat and PUBLIC INSTITUTIONS. 43 clean; and their intercourse with each other, and with the patients, must be marked with kindness and courtesy. Whenever it becomes necessary for an attendant to speak to an officer or visitor concerning a patient who is present, it should be done in such a manner as not to excite suspicion on the part of the patient that he is the subject of conversation. Under all circumstances, the patients are to be treated with kindness and forbearance; they must be spoken to in a mild and gentle tone of voice, soothed and calmed when irritated, encouraged and cheered when melancholy and depressed. They must never be ridiculed or mocked, nor their extravagances or delusions be made the subject of jest or sport. The patients are never to be considered or treated as servants; on the contrary, whenever they are employed by the attendants, they are to be regarded as assistants. Every patient, within twenty-four hours after admission, is to be washed, and observations made of any swelling on the body, or sores, spots, or vermin on the skin, and the fact immediately reported to the Superintendent. To this the Supervisors will give their particular attention. Whenever the patients engage in any controversy, or in any improper or exciting subject of conversation, the attendant must interfere and check them; and must shut them up in their respective rooms, if the quiet and good order of the halls can in no other way be preserved, and promptly report the same to the Superintendent. No other restraint shall be applied, or, when applied, be remitted, unless by order of the Superintendent. When the attendants receive insult and abuse, they must forbear to recriminate, scold, threaten, or to dictate in the language of authority. Violent hands are never to be laid on the patients, except in self-defence, or to prevent injury to themselves or others. They must not be rudely handled, to induce them to obey; it will rarely happen that gentle and persuasive measures will not prevail; whenever these fail, the Superintendent is to be informed. 44 PUBLIC INSTITUTIONS. Every patient must be in the charge of some responsible person at all times (unless permitted to be at large by the Superintendent), and such person shall be held responsible for the safe-keeping of such patient, till returned to the hall, or intrusted to the care of another. The attendants shall not retire to their rooms and close their doors while the patients are in the halls, but shall pass as much of their time in the halls with the patients as possible during the day, endeavoring to encourage and amuse them, and, so far as practicable, incite them to habits of industry. No patient shall be permitted to go out of the halls without the consent of the Superintendent. All persons who have duties to perform in the Hospital, will rise at the ringing of the bell. At ten o'clock in the evening, the labor of the house shall cease, the lights in the dining-room, kitchen, entries, and galleries shall be extinguished, and all persons shall retire to their respective rooms. Every attendant shall keep a lamp burning, in a small lantern, through the night. The attendants shall see that the patients rise at the same hour with themselves, that they are properly washed, their hair conlbed, and their dresses suitably arranged in season for breakfast. The dress of the patients should at all times be neat and whole. The beds must be made, the halls, entries, and stairs swept, and the water-closets cleansed as early as possible. Every apartment in the wings must be thoroughly ventilated every morning, and as often through the day as may be necessary, by opening the windows, &c. One or more attendants, as may be directed by the Superintendent, shall remain in the wing and move through the galleries, while the others are occupied in providing the meals of the patients, or in taking their own. The attendants (with the exception of those on guard in the wings) shall be present at the meals, to distribute the food in a proper and equitable manner;. particular care must be taken that the patients return to their respective galleries after meals; PUBLIC INSTITUTIONS. 45 their having left the dining-rooms is not sufficient evidence of this; they are to be immediately followed, seen to be in their proper places, and the gallery doors locked. The attendants must be watchful lest any knives or forks or articles of food be carried to the rooms of the patients, no one of whom may be absent from the regular meals (excepting in cases of sickness or high excitement), without permission from the Superintendent. Patients shall never be allowed to have a razor, penknife, or a dangerous weapon of any kind, without permission from the Superintendent. Especial care shall be taken that no such weapons get into their possession, and the beds, clothes, &c. of any suspicious patient must be frequently searched, if it is known or suspected that any such instrument is in the possession of a patient; and, if it cannot be found, immediate information must be given to the Superintendent. No person connected with the Hospital shall be allowed to use ardent spirit or tobacco, in any form, unless prescribed or permitted by the Superintendent. The attendants shall not leave their halls, nor visit the galleries, the kitchen, or other rooms in the house, without particular business; nor shall they give up their keys, or admit visitors to the halls, without permission from the Superintendent. The attendants must not leave the Hospital without permission from the Superintendent, and must always return by ten o'clock, P. M. unless leave be expressly given to remain out later; and when abroad, they must not report the conduct or conversations of the patients. The patients must retire at the usual hour, and their bedroom doors be locked, care being taken to hear the slipping of the bolt. The gallery doors, and especially the dining-room and outer doors, must be kept locked at all times. If these precautions are observed, escapes can rarely happen. All persons employed in the Hospital, who are well, and can be spared from the duties in the house and halls, shall attend 46 PUBLIC INSTITUTIONS. the religious services on the Sabbath, in the Chapel of the Hospital, unless leave of absence be granted. Each person employed in the Hospital shall give notice, thirty days before leaving, of his or her intention to leave; and it is understood, in all contracts for services with attendants and other officers, that they may be discharged upon one week's notice, or upon shorter notice if occasion so requires, and that their salaries will be computed accordingly. In case of the sickness of any of the sub-officers, no wages will be allowed them after a fortnight's absence from their duty. No subordinate officer shall be absent from the Hospital for the purpose of visiting or recreation, during more than two consecutive days, between the first day of May and the first day of November in any year, the services of all employes being required in warm weather. General Rules. Permits. Persons visiting the Institution must have a permit from a Director, or the Mayor of the city, or have the assent of the Superintendent, it being always understood that the Superintendent may refuse admission to any one having a permit whenever, in his judgment, the welfare of the Institution requires, he reporting at once to the Board such refusal, and the reason therefor. Visiting as a matter of curiosity is denounced. Suspension of Either of these rules may be suspended in individual cases rules, by vote of the Board, or they may make such other Rules and Regulations as circumstances may require, provided the same are not inconsistent with these Rules, or the City Ordinances, or the laws of the Commonwealth. PUBLIC LIBRARY. 47 PUBLIC LIBRARY. RULES AND REGULATIONS. 9. Applications for books not in Library. 10. Fines for undue detention of 1. Reading Rooms to be open every books. day, except Sundays and Holi- 11. Books to be sent for when unduly days. detained. 2. Persons who may have access 12. Books of reference and rare volthereto. umes to be used only in Library. 3. Books may be used in Reading 13. Injuries to, and losses of, books Rooms. to be made good. 4. Card to be furnished, how used. 14. Annual examination. 5. Return of Pamphlets and Books. 15. Strangers may use the Library. 6. Decorum. 16. Persons abusing their privileges 7. Persons who abuse theirprivileges may be excluded. may be excluded. 8. Lists of persons using Reading Apendix. Rooms. FoRMs: (1) Certificate for a minor: Ohapter 2. (2) notice to a person responsible for a delinquent: (3) Card for the 1. Books for home use; persons who use of books in the building: may borrow them. (4) Voucher for a person wish2. Hours for taking books from ing to borrow books for home Upper Hall. use: (5) Certificate for a pupil 3. Hours for taking books from in Girls' High and Normal School: Lower Hall. (6) Certificate for medal Schol4. Books not to be taken from ars and others of merit: (7) Reshelves. ceipt for deposit money: (8) Card 5. Cards for borrowers; how used. for borrowing books from Libra6. Number of books which may be ry: (9) Card for books wanted, borrowed. but not in the Library: (10) Cir7. Books not to be lent out of house- cular for recalling books unduly hold of borrower. detained: (11) Special privilege 8. Lists of persons using Library. to take out rare books. RULES AND REGULATIONS.' Chapter 1. - Of the Use of the Reading Rooms. ARTICLE 1. The Reading Rooms shall be open from nine Reading rooms to be open every o'clock in the morning until ten o'clock in the evening of all day, except secular days throughout the year, except the Seventeenth of Suodaysand holidays.'Rules and Regulations for the use of the Public Library of the City of Boston, adopted by the Board of Trustees, Nov. 8, 1853; amended Aug. 18, 1863. See Laws and Ordinances, pp. 393-396; also Ordinance passed July 11, 1865. 48 PUBLIC LIBRARY. June, and the five legal holidays, viz: Washington's Birthday; Fast Day; Independence Day; Thanksgiving Day, and Christmas Day;- provided always, that the President may direct the Library to be closed for a part or the whole of any one day, reporting the fact and his reasons for it, in writing, to the Trustees at their next meeting. Persons who ART. 2. All inhabitants of Boston above the age of sixteen may have access thereto. years, of respectable character, and of such orderly conduct and condition as not to interfere with the occupations and comfort of others, shall have free access to the Reading Rooms during all the regular hours, first signing a promise that they will observe all the existing rules and regulations, and all that may be subsequently prescribed by due authority; — provided always, that minors shall bring certificates from their parents or guardians, in a form to be furnished by the Superintendent, setting forth that they are persons who ought to enjoy the privileges of the Public Reading Rooms, and that such parents or guardians become responsible for their conduct while there. See Appendix, (1,) and (2.) Books may be ART. 3. All books belonging to the Library may, at the used in ReadingRooms. discretion of the Superintendent or Librarian, be used in the Reading Rooms,- a discretion which they are required by the Trustees to exercise, especially in the case of minors, and in regard to books of great value or rarity. Cards to be fur- ART. 4. Every person entitled to use, in the Reading unished how Rooms, the books of the Library, shall be furnished with a printed card, on which such person shall designate the particular book asked for, by entering, in blanks left for that purpose, the number of the shelf, on which it stands, the number of the book on the shelf, and, if it be part of a set, the number of the particular volume, — all which numbers can be easily ascertained from the copies of the catalogue always on the tables of the Reading Rooms; - and this card, which must be presented whenever a book is asked for to be used in the Reading Rooms, will be retained so long as its owner retains the book; but no book, so received, shall, for any reason whatever, be removed from the Reading Rooms by the person receiving it. See Appendix, (3.) PUBLIC LIBRARY. 49 ART. 5. Every person who may visit the Reading Rooms Return of pamphlets and shall return each of the pamphlets and periodicals such person books. may have used, to its proper place, and shall return each of the books used to the attendant. ART. 6. All conversation and conduct inconsistent with Decorum. the quiet and orderly use of the Reading Rooms by the persons resorting to them are prohibited. ART. 7. Any person abusing the privileges of the Reading Persons who abuse their Rooms by unbecoming conduct or by the violation of any of the privileges may regulations, by intentional defacement of a book by writing in be excluded it, or in any other way, shall be reported to the Trustees as soon as may be, and by them excluded from the Library for a time, or permanently, according to the nature and degree of the delinquency or default; but, in case of any gross offence, the Superintendent or Librarian shall act summarily in the matter, and cause the offender to be, at once, excluded from the rooms, reporting the case to the Trustees as soon as possible, in writing, for their final decision. See Appendix, (2.) ART. 8. An alphabetical list of the names of all the per- Lists of persons using reading sons enjoying the privileges of -the Reading Rooms, shall be rooms. kept in the Library, the residence of each person being noted in it. Chapter 2. -Of the Use of the Library. ARTICLE 1. The following persons shall be entitled to Booksforhome borrow books from the Library for home use, upon signing a Use. promise to obey its Rules and Regulations. First. All inhabitants of Boston above the age of eighteen Persons who years, known to the Officers of the Library as proper persons thaeym.br to enjoy its privileges, or so recommended by some responsible citizen, who shall thus make himself liable for any loss resulting therefrom. See Appendix, (4.) Second. All clergymen and teachers having regular occupations in the city, all members of the Girls' High and Normal School, and all medal scholars, and such others as shall have received Lawrence Prizes, with such others each year (not exceeding in number the medal scholars of each school for the said year), 7 50 PUBLIC LIBRARY. as may be selected by the Chairman of its Sub-Committee to receive this reward for proficiency in their studies and for excellence of character. See Appendix, (5,) (6.) Third. Any other inhabitant of Boston depositing the value of the volume asked for, if permitted to circulate (or of the set to which it may belong), for which a receipt will be given; which sum shall be repaid, whenever the book and receipt are returned, after any fines incurred for injury to the book or its improper detention have been deducted. See Appendix, (7.) Hours for tak- ART. 2. The upper hall in the Library shall be open from ing books from upper hall. ten o'clock, A. M. until one half hour before sunset; and the books belonging to that portion of the Library must in all cases be applied for, and returned, within those hours, and in the upper hall. Hours for tak- ART. 3. The lower hall of the Library shall be open for ing books from lower hall. the delivery of books for home use from ten o'clock in the morning until eight o'clock in the evening and for use in the Reading Rooms from nine o'clock in the morning to ten in the evening, on all the days when the Reading Rooms are open, except on such days as the Trtistees may designate, immediately before the annual examination of the Library. Books not to be ART. 4. No books shall be taken from the shelves in any taken from shelves. part of the Library by any person not employed in the service of the Library, except such books as are deposited in the Reading Rooms for reference. Cards for bor- ART. 5. Books desired for home use must be designated by rused ho their numbers on a printed card to be given to the borrower for that purpose; and this card will be returned to its owner as soon as the book is charged, or if it cannot be furnished. See Appendix, (8.) Number of ART. 6. No person shall have for home use more than one books which may be bor- volume from each hall on any one day, or more than two volrowed. umes at a time from both; and no book shall be retained by the person borrowing it more than fourteen days; provided always, that any book may be borrowed twice by the same person, but not more than twice, until it shall have been returned to the Library, and shall have remained there at least one full Library day. PUBLIC LIBRARY. 51 ART. 7. No person who has borrowed a book from the Booksnot to be lent out of Library, shall lend it to any one not a member of the same household of household. borrower. ART. 8.. A list of all persons entering their names for the Lists of persons using Lipurpose of borrowing books shall be kept in the Library; the brary. residence of each individual, and the page where the loans are recorded, being inserted against the name. ART. 9. Whenever a book wanted by any one using the Applications Z for books not in Library, does not belong to it, such person is particularly re- Library. quested to enter the title of the book on a card furnished for the purpose, to which the person's name and residence shall be added. See Appendix, (9.) ART. 10. To protect the Library against loss, and to secure Fines for undue detention of to all a just and equitable share in its benefits, any person books. detaining an imperial octavo or larger volume longer than the regulations permit, shall be fined three cents for each day of detention, and two cents a day for the detention of a smaller volume; the Librarian being charged with the collection of these and all other dues to the Library. ART. 11. Any book detained one week beyond the timne Books to be sent for when limited by these regulations, shall be sent for by the Librarian, unduly deand the expense thus incurred shall be paid by the person who tained. has so detained it. See Appendix, (10.) ART. 12. Encyclopaedias, dictionaries, and other books Books of reference, and rare needed for reference in the Library building; books not easily volumes, to be to be replaced, in consequence of their rarity or value; books isea onlyin expressly given for reference only; and books deemed by the Trustees to be unsuited for general circulation, shall be used only in the building; provided, nevertheless, that, in order to allow the widest practicable use of the Library consistent with its greatest efficiency, a person desiring to borrow any book whatever (except such books as may have been given on condition that they should not be taken from the Library), and stating the reasons for it in writing to the Trustees, shall, if the reasons are deemed sufficient, be permitted to borrow it on proper conditions. See Appendix, (11.) 52 PUBLIC LIBRARY. Injuries to, and ART. 13. All injuries to books beyond a reasonable wear, losses of books, to be made and all losses, shall be made good to the satisfaction of the good. Superintendent by the persons liable; every book detained above three months being held to be lost. Annual exami- ART. 14. All books must be returned to the Library at such nation. time before the annual examination as may be required by the Trustees, under penalty of a fine of one dollar for each volume detained; but seasonable notice of the time of returning them shall be given in the newspapers that advertise for the city. Strangers may ART. 15. Any stranger or person visiting the city for the use Library. purpose of literary or scientific investigation, may, on being properly recommended, temporarily receive the benefits of the Reading Rooms, and the use of the books within the Library building, by signing the Strangers' Book. Persons abus- ART. 16. Any person abusing the privilege of taking books ing their privileges may be from the Library, by the violation of any of the regulations, by excluded, intentional defacement of a book by writing in it, or in any other way, shall be immediately reported to the Trustees, who shall, if they think the case requires it, exclude such person, for a time or permanently, from the Library, according to the nature and degree of the delinquency or default. See Appendix, (2.) Appendix. Forms that will be needed in the administration of the Library acForms. cording to the preceding Rules, and which shall always be furnished at the Library free of expense. (1.) CERTIFICATE to be given by a parent or guardian to a Minor, over sixteen years old, who wishes to frequent the Reading Rooms of the Public Library. (See Rules, 1, 2.) BOSTON, 18 Certificate for a The subscriber requests permission for, a Minor, residminor. ing at No. in Street, to frequent the Reading Rooms of the Public Library, and will become responsible for said Minor's observance of the Rules of the Library, and for any damage that may accrue to the Library in consequence of granting such permission. Signed, Parent, [or Guardian.] Residing at No. in Street. PUBLIC LIBRARY. 53 (2.) NOTICE to a person responsible for one who has failed to observe the Regulations of the Library. (See Rules 1, 2, and 7, and II. 16.) BOSTON, 18 To, residing at No. in Street. Notice to a perA. B. residing at No. in Street, for whose observance son responsible of the Regulations of the Public Library you became surety on the quent. day of 18, has failed to observe them, and the privilege is tierefore withdrawn by order of the Trustees. Signed, Librarian. (3.) CARD indispensable for those who wish to read books belonging to the Public Library in the building; -which card, when its blanks are filled up, is to be returned to the Librarian, and another one issued by him in lieu of it. (See Rules I. 4.) Books asked for to be used only in the Library Building, Card for the use of books in the By residing No. in Street. building. SHELF. NO. VOL. SHELF. NO. VOL. (4.) VOUCHER for any person who, under the assurance of a respectable and responsible citizen, wishes to borrrow books from the Public Library for home use. (See Rules II. 1.) 54 PUBLIC LIBRARY. BOSTON, 18 Voucher for a I, the subscriber, hereby certify that, residing at person wishing to borrowbooks No. in Street, is a fit person to enjoy the privileges of for home use. the Public Library, and that I will be responsible for the observance, by said, of the Rules of the Library, and will make good any injury or loss the Library may sustain from the permission that may be given in consequence of this certificate. Signed, Residing at No. in Street. (5.) CERTIFICATE for a pupil in the Girls' High and Normal School. (See Rules, II. 1.) BOSTON, 18 Certificate for a This certifies that the bearer, residing at No. pupil in Girls' High and Nor- in Street, is a pupil of the Girls' High and Normal mal Schools. School, of the city of Boston, and, as such, entitled to the privileges of the Public Library, Signed, Master of the Girls' High and Normal School. (6.) CERTIFICATE for medal scholars and others, selected on account of their merit, to receive the privileges of the Library. (See Rules, II. 1.) BOSTON, 18 Certificate for This certifies that the bearer,, residing at No. medal scholars. and others, of in Street, and graduated with distinction at one of the merit. public schools of the city of Boston, in 18, is, for proficiency in studies, and for good personal character, entitled to enjoy the privileges of the Public Library. Signed, Chairman of the Sub- Committee Of School. (7.) RECEIPT given by the Librarian on taking a deposit of money as a pledge for the safe return of books borrowed from the Library. (See Rules, II. 1.) PUBLIC LIBRARY. 55 PUBLIC LIBRARY, BOSTON, 18 Received of, residing at No., the sum Receipt for deposit money. of in deposit, as a pledge for the safe return of books taken from the Library for home use; and the same is to be repaid on the delivery of this Receipt, after deducting any amount incurred for fines, unreasonable damage, or other dues. Signed, Librarian. (8.) CARD for those who wish to borrow books from the Library, which card is to be renewed whenever its blanks have been filled, and it has been returned to the Librarian. It is indispensable to those who ask for books for home use. (See Rules, II. 5.) TAKEN FROM THE PUBLIC LIBRARY Card for borrowing books from the Library. Residing........................Page...... SHELF. NO. VOL. SHELF. NO. VOL. (9.) CARD for books wanted, but not in the Library. (See Rules, II. 9.) BOSTON, 18 The subscriber recommends that a book entitled Card for books wanted but not in vols. in printed at in the year be pro- in Library. cured for the Public Library of the city of Boston. Signed Residing at No. in Street. 5 6 PUBLIC LIBRARY. (1 0.) FOR RECALLING a book that has been detained too long. (See Rules II. 11.) PUBLIC LIBRARY, BOSTON, 18 Circular for re- To, residing at No. in Street. calling books unduly de- You are requested to deliver to the bearer tained. borrowed by you from the Public Library, and which has been retained beyond the time allowed by the regulations of the Library. Librarian. (11.) SPECIAL PRIVILEGE to take out books not commonly circulated. (See Rules, II. 12.) Special privi- To the Librarian of the Public Library. lege to take out The bearer, residing at No. in rare books. Street, is authorized to take out and retain the same for the space of weeks. Signed, Committee on Special Permissions. MI.ARKET. 5 7 MARKET. 8. Market-house to be closed on CONDITIONS. legal holidays. 1. Lessee to obey ordinances. 9. Rent to be paid monthly. 2. To keep premises in order. 10. Objectionable persons not to be 8. Not to place articles in the pas- employed. sageways. 11. If lessee becomes insolvent, stall 4. Not to smoke on the premises. to revert to city. 5. Not to underlet without assent of 12. No stall to be occupied by more Board of Aldermen. than one person except as co6. To remove all offal and dirt. partners. 7. Stalls, when vacated, or when 13. Violation of conditions forfeits regulations are violated, to re- the lease. vert to the city. General lease conditions. CONDITIONS.1 1. That the Lessee shall obey all the provisions of the city Lesseeto obey ordinances, and orders of the Board of Aldermen relating to the Market. 2. That the several stalls or cellars shall be kept in repair To keep premnises in repair. at the expense of the Lessee. 3. That the Lessee shall not place, or suffer to be placed, Not to place ar tides in pasany box, cask, or other articles in the passageway before his sageways. stall or cellar, or within it so as to project into any part of the passageway, or in the cross passageway, unless by consent of the Superintendent of the Market. 4. That the Lessee shall not smoke, nor have in his posses- Not to smoke sion any lighted pipe or cigar, within the limits of the Market. on premises. Nor shall he suffer or allow any other person to smoke upon his premises in the Market. 5. Said stall or cellar shall not be underlet to any person by Not to underlet without assent. said Lessee, or be occupied by any person except said Lessee, without the assent of the Board of Aldermen previously obtained. 1 Conditions prescribed by the Board of Aldermen, for Lessees of Faneuil Hall Market, May 3, 1852, and since amended verbally. They were last fixed June 30, 1864. See Laws and Ordinances, pp. 172-73. 8 58 MARKET. To remove all 6. Said Lessee shall not throw, or permit to be thrown, or offal and dirt. to remain within the precincts of his stall or cellar, any offal, animal substance, scrapings, or any kind of dirt, filth, or useless matter, but shall forthwith remove the same, or cause the same to be deposited in some tight vessel, to be approved by the Superintendent of the Market; and to be removed by said Lessee, as the Superintendent or either of his deputies shall direct. Stalls, when va- 7. When the Lessee of any stall or occupant of any cellar cated, or when regulations are in said Market-house shall from any cause whatever vacate the verttod city re same, or shall receive notice from the Board of Aldermen to vacate the same, or shall neglect or refuse to pay his rent for the space of twenty-four hours, or shall neglect or refuse to comply with any regulations established for the good order and cleanliness of the said Market-house, and its entries, passageways, sidewalks, and the streets adjoining said house, the stall or stalls and cellar or cellars of such Lessee, shall thereupon revert to the city, and be at the disposal of the Board of Aldermen. 3Market-house 8. The Market-house to be closed on Washington's Birthday to be closed on legal holidays. (22d of February), and on Christmas Day; also, on the day of the Celebration of the Declaration of Independence, unless said occasion occurs on Saturday or on Monday, when said Market shall be closed at 9 o'clock, A.M.; said Market shall also be closed on the 17th of June at 9 o'clock, A.IM. Rent to be paid 9. That the rent shall be paid monthly to the Superintendent monthly. of the Market, unless otherwise provided by indorsement on the lease. Objectionable 10. The Lessee shall not employ any person within the persons shall not be em- limits of Faneuil Hall Market who shall be objectionable to the ployed. Market Committee. If Lessee be- 11. In case of the insolvency of the occupant of any stall comes in solvent, stall to or cellar before his term expires, the lease shall revert immedireverttocity. ately to the city, and shall be subject to the disposition of the Market Committee for the remainder of the term. No stall to be 12. No stall shall be occupied by more than one individual occupied by more than one unless the same shall be occupied by such parties as Coperson, except as copartners. partners. MOUNT HOPE CEIETERY. 59 13. In case of any violation of the preceding conditions, the violation of conditions forLessee shall be subject to a forfeiture of his stall or cellar and feits the of his lease. lease. And the said Lessee doth accept the lease of the said stall or General lease conditions. cellar on the conditions aforesaid, and doth promise to pay tlhe said rent in monthly payments, on the first day of each and every month, to the Superintendent of the Market as aforesaid, and to quit and deliver up the said premises to the Board of Aldermen of the city of Boston, or the Superintendent of the said Market, peaceably and quietly, at the end of the term, in as good order and condition as the same now is, or may be put into by the said Lessors; that the Lessors, by the said Superintendent 6f the Market, may always enter upon to view the said premises, and make repairs and improvements of the same, to expel the Lessee forcibly if necessary, if shall fail to pay rent as aforesaid, or make any waste or destruction to the said stall or cellar, or otherwise forfeit this lease by virtue of the conditions which are hereinbefore contained. MOUNT HOPE CEMETERY. 10. Lots and spaces; to be laid out aY-LAwS. by Superintendent; prices of 1. Annual meeting of Triustees; lots. choice of Chairman and Super- 11. Lots in Cypress Vale; price of intendent; appointment of com- interments therein. mittees, &c. 12. Sales and conveyances; fees for 2. The Chairman: his duties. deeds. 3. The Secretary; his duties. 13. Trees may be removed, to be 4. The Superintendent; his duties. in charge of Committee on 5. Committee on Accounts. Grounds. 6. Committee on Grounds. 14. Tombs. 7. Committee on Lots, sales, trans- 15. Receiving Tombs; fees for defers, &c. posit. 8. Committee on Interments. 16. Monuments, fences, &c. 9. Interments not to be made without 17. Funerals. due permission, nor until fees 18. Teams, carts, &c. are paid; the fees prescribed. 19. Alteration of by-laws. 60 MIOUNT HOPE CEMETERY. BY-LAWS.' Annualmeeting ART. 1. The Annual Meeting of the Trustees shall be held of Trustees; choice of Chair- on the first Tuesday in February. At this meeting there shall man and Supt.; be chosen by ballot a Chairman, and a Superintendent for the Committees, ensuing year. At the succeeding meeting the Chairman shall nominate a Committee on Accounts, a Committee on Grounds, a Committee on Lots, and a Committee on Interments. The regular meetings of the Trustees shall be held on the first and third Tuesdays in each month, and a majority of the Board shall constitute a quorum. The chairman shall call a special meeting when requested to do so by two Trustees. The Chairman; ART. 2. The Chairman shall preside at the meetings of the his duties. Trustees. He shall determine the hour and place for the meetings. He shall, unless otherwise ordered, nominate all committees;- he shall sign the deeds of conveyance of lots; — he shall make the annual and other reports to the City Council, and perform such other duties as are required by the ordinance of the city. All bills on account of the Cemetery shall be approved by him before they are presented to the city for payment. In the absence of the Chairman, his duties shall be performed by the senior Trustee present. The Secretary; ART. 3. The Secretary shall notify and attend all meetings, his duties. and record the doings of the Board. He shall have charge of the plans belonging to the Cemetery, and all legal instruments, reports, catalogues, and other publications of the Trustees. He shall receive and record all applications for lots and graves; and prepare, countersign, and record, in a book kept for the purpose, all deeds of conveyance for lots. He shall pay into the City Treasury, monthly, all moneys received by him on account of the Cemetery. The Sutperin- ART. 4. The Superintendent shall reside near the Cemetery, tenident; his duties. and under the direction of the Trustees, shall have the general supervision and custody thereof; shall keep the avenues, paths,'By-laws of the Trustees of Mount Hope Cemetery, adopted by them March 23, 1858. Revised March 7, 1865. See Laws and Ordinances, page 412. MOUNT HOPE CEMETERY. 61 and grounds, in neat and satisfactory order; and, as agent for the Trustees, shall have the sole power to engage and discharge workmen on the ground; also to order and arrange their respective duties, and to pay their wages at such times and in such manner as the Trustees shall direct. He shall see that all regulations with regard to interments and the construction of tombs, monuments, and fences are complied with. He shall see that the rights of the city and the regulations of the Trustees are respected by artists, mechanics, and laborers employed on the ground by individual proprietors. He shall fulfil all contracts made with proprietors for the repair of lots, and perform such other duties as the Trustees may require. He shall have power to remove from the Cemetery improper and disorderly persons, to abate nuisances, and remove rubbish and unnecessary incumbrances. He shall keep", in books provided for the purpose, regular and accurate records of all interments, including the names and ages of the persons interred, and the place and date of their interment; also of all monuments erected, and lots enclosed, sodded, or otherwise improved. Also of all moneys received or disbursed by him, whether for wages, fees, improvement of lots, sales of any kind, purchases made, or services rendered. On the first Tuesday of every month, or oftener if required by the Trustees, he shall render to the Secretary, copies of said accounts, with proper vouchers, and pay over to him all moneys remaining in his hands. The compensation of the Superintendent shall be a salary, to be fixed by the Trustees, and the use of the dwelling-house connected with the Cemetery, and no other perquisites; and he may be removed for cause by a vote of the majority of the Board. ART. 5. The Committee on Accounts shall consist of two Committee on Trustees. They shall act as auditors, and examine and satisfy Accounts. themselves of the correctness of all the accounts rendered by the Secretary, Superintendent, Committees or others connected with the Cemetery. And all bills payable on account of the Cemetery shall be indorsed as correct by one of the Committee on Accounts, and submitted to the Board for their approval. ART. 6. The Committee on Grounds shall consist of three Committee on 62 MOUNT HOPE CEMETERY. Trustees. They shall have the general charge of the grounds, trees, avenues, and paths in the Cemetery, with power to make such alterations, repairs, and improvements therein as they shall deem expedient. But no avenues or paths shall be changed in situation, without a vote of the Trustees. Committee on ART. 7. The Committee on Lots shall consist of three TrusLots; sales, transfers, etc. tees. They shall have the general supervision of all sales, locations, and enlargements of lots; also of all questions of right between individual proprietors, or between proprietors and the officers of the Cemetery. No transfer or conveyance of land shall take place without the approval of a majority of the Committee. The Committee on Lots shall have power, subject to the concurrence of the Trustees, to contract with any proprietor for the repair of his lot, and shall see that the contract is duly executed. Committee on ART. 8. The Committee on Interments shall consist of two Interments. Trustees. They shall superintend the general subject of interments, and see that they are made in conformity with the laws of the Commonwealth, and the rules and regulations of the Cemetery. They shall, from time to time, inspect the records and accounts of the Superintendent relative to interments, and see that the same are properly kept. Interments: ART. 9. NO interment shall be made at Mount Hope until not to be made withont due such a permit as may be required by the laws of the State, or permission, nor Of the city or town from which the deceased may be brought, until fees are z paid; fees pre- together with an order from the proprietor of the lot in which the interment is to be made, or from his legal representative, shall be presented to the Superintendent, nor until the fees hare been paid. Until otherwise ordered, three dollars shall be charged for digging a grave and making an interment. A deduction of fifty cents shall be made from the above charges for a child under ten years of age. In all burials in Cypress Vale, but one adult body, or two children under the age of ten years, shall be interred in each grave-lot at the usual price of digging the graves. If the grave is reopened for the purpose of burying MOUNT HOPE CEMETERY. 63 a second body, except that of an infant, the price for such reopening and interment shall be five dollars. For each interment in a tomb, a charge shall be made by the Superintendent according to the amount of service rendered in the case. ART. 10. Lots shall be laid out by the Superintendent, sub- Lots & spaccs; ject to the approval of the Committee on Lots. In future sales tSupt. prices ouf of lots, a space of not less than two nor more than four feet in lots. width, at the discretion of the Committee on Lots, shall be reserved between the fence limits of different lots, which spaces shall forever be kept open, and within which there shall be no interments. The price of a full lot of three hundred square feet, including grading, and six eight-inch stones for the fence, shall be one hundred and twenty-five dollars. The price of a half-lot, of one hundred and fifty square feet, including grading and six eight-inch stones for the fence, shall be seventy-five dollars. Enlarged lots and small lots will be sold at a corresponding rate per foot. No lots shall be sold without including the grading in the price. A proper allowance may be made when the usual fence stones are not used or desired. ART. 11. The price of graves in Cypress Vale shall be eight Lots in Cypress dollars. No slab, monument, or fence shall be erected upon vale; price of dollars. No slab, monument, or fence shall be erected upon interments or around such graves without the approval of the Committee theren. on Lots. ART. 12. Lots applied for by purchasers may be laid out and graded by the Superintendent, subject to the approval of the Committee on Lots. If the sale is approved by the Co- Sales and conmittee, the purchaser shall then pay to the Secretary the vfoyanes; fees customary or stipulated price of the lot sold him, and the fee of one dollar for the deed, and shall receive a certificate therefor, which shall be returned to the Secretary when the deed is delivered. No deed of any lot shall be issued to more than ope grantee, nor, to any person as trustee, executor, or administrator, except by vote of the Trustees. One dollar shall be paid to the Secretary for recording any deed of transfer, and giving a certificate of the same. 64 MOUNT HOPE CEMETERY. Trees maybe ART. 13. Trees standing within lots can be removed if removed; to h in charge of b desired, by an application by the proprietor to the SuperinCommittee on tendent, subject to the approval of the Committee on Grounds. Grounds. The Committee on Grounds have, also, charge of the general subject of introducing and cultivating, trimming, and removing trees and shrubs in other parts of the Cemetery. Tombs. ART. 14. Lots for tombs may be sold in places approved by the Trustees, and at prices fixed by them. Such tombs shall be constructed in a strong, tight, and durable manner, and shall be in every part to the satisfaction of the Committee on Lots. Receiving ART. 15. Bodies may be deposited in the receiving tombs dtepo esifo on payment of ten dollars to the Superintendent. But if within four months after interment the deposited body shall be removed to any part of Mount Hope Cemetery, five dollars of the above sum shall be refunded; otherwise the whole shall be forfeited to the city, and the Superintendent shall remove the body to such place as shall be designated by the Committee on Lots. But the friends or relatives may, in a legal way, remove the body from the Cemetery, at their own expense. Monuments, ART. 16. Proprietors have a right to erect on their lots fences, etc. fences, monuments, and stones of appropriate character. Wooden fences are not permitted. Live hedges of small or moderate size are allowed. Funerals. ART. 17. Early notice of funerals should be given to the Superintendent at the Cemetery, who will make all the arrangements for the interment. In military funerals, no firing of volleys will be allowed within the Cemretery. Teams, carts, ART. 18. No teams or carts, except those used on the etc. grounds, or omnibuses, will be allowed to drive into the Cemetery, without a special vote of the Trustees. Alteration of ART. 19. No addition to or alteration in the By-Laws shall By-laws. be made at the same meeting at which it is proposed, nor unless adopted by a vote of the majority of the Trustees. OVERSEERS OF THE POOR. 65 OVERSEERS OF THE POOR. RULES. 6. Committee of Investigation and Relief. 1. Officers of the Board not to be in- Relief. terested in any contract or 7. Appeal from oficers and the supplies. SubCommittee to the Board. 2. Meetings of the Board. 8. Subordinate officers. 3. Central office: co-operation with 9. Any citizen may refer claims to the Board. charitable societies. the Board. 4. Relief not to be granted except 10. Standing Committees; purchase after visit. and delivery of supplies, bills. 5. Applications for relief; temporary 11. Meals and lodgings at TempoWrry aid in cases of necessity; Home and Station-houses. prompt visits to be made and 12. Temporary lodgings and relief results recorded. at Station-houses, and visits thereto. RULES.l 1. The officers of the Board shall be a Chairman, Secretary, Ohz rs of the: and Treasurer, together with the Visitors hereafter named; and Board. such clerks or agents as the business may require; and no paid officer shall be a member of the Board. No one of the Over- Not to bedii seers, nor any individual in their employ, shall be interested in terested in any contract or a private capacity, directly or indirectly, in any contract or supplies. agreement for labor, or for articles furnished by direction of said Overseers, unless the same be expressly authorized by a recorded vote of the Board. 2. A stated meeting of the Board shall be held on the first Meetings of the Board. Monday of each month during the year. At the stated meeting in April, the Board shall proceed to the election of a Chairman from its own number. At the same meeting the Board shall also proceed to elect a Treasurer and a Secretary, and fix the Secretary's salary. 3. A central office shall be established, in a convenient situ- Central office. Rules adopted by the Overseers of the Poor, August 15, 1864. See Laws and Ordinances, pp. 433-60; also Ordinances of 1864, pp. 43.8. 9 66 OVERSEERS OF THE POOR. ation, with ample accommodations to receive the applications of the poor; and for this purpose such office shall be open to applicants every day in the year, at such hours as the Board from time to time shall appoint. It shall be recommended to the city to provide a building to contain the central office, and as many of the offices of charitable societies as can be accommoco-operation dated with convenience and advantage, and as can render serwith charitable vices to the Board, which may be an equivalent for their rent. societies. It is designed that the Overseers and their officers shall consult and cooperate with such societies. Relief not to be 4. Except in cases of pressing necessity, no relief shall be granted except afftrded to any person who has not been previously visited by after visit. some member of the Board, or by some person authorized by the Board, and the case recorded at the central office. Applications 5. There shall be in attendance at such office, during the' for relief. hours appointed, the Secretary of the Board, or some officer or member thereof, whose duty it shall be promptly to hear every application for relief, and to cause the same to be recorded with all useful particularity, in conformity with the city Ordinance, in a book to be kept for that purpose. In cases of pressing Temporary aid in cases of necessity, it shall be the duty of the officer receiving such necessity. application, to afford such temporary aid as may at the time be necessary. And in every case, it shall be the duty of some Promptvisits officer of the Board promptly to visit the applicant and to to be made and results record in a book, to be kept for that purpose at said office, the recorded. facts observed or obtained upon such visit, and the opinion of the.visitor as to the necessity and nature of aid or relief, which records shall be properly arranged and indexed. Investigation 6. All applications and reports which in their nature and and relief. circumstances admit of it, shall be referred to a Committee of the Board, to consist of five members, to be called the Committee of Investigation and Relief, of whom three shall.be a quorum, who shall decide whether any relief be given, and if any, the nature and extent of the same, which decision shall be recorded, and shall be promptly carried into effect by the Secretary, or other officer, for that purpose designated by the Board. The meetings of said Committee shall be held at OVERSEERS OF THE POOR. 67 the central office, and shall be sufficiently frequent to afford to the poor seasonable hearing and aid. 7. Any person aggrieved by the decision of any officer Of Appealsfrom officers and the Board, or of the Committee, shall have an opportunity to the Committee be heard by the Board, at convenient times, to be hereafter to the Board. appointed. 8. In addition to the officers specifically named in the statute, Subordinate the Board shall appoint suitable subordinate officers, who shall officers. be called Visitors, whose duty it shall be personally to visit the applicants for relief, and to make the report hereinbefore provided, and who shall be paid for such service, at such rates as shall be determined by a vote of the Board. 9. Any citizen of Boston shall be at liberty to refer to the Any citizen Board for investigation and relief, if needed, such cases as he may refer eases may deem suitable for relief or inquiry. 10. The Board shall appoint the following Standing Com- Standing mittees, in addition to that named in Article VI. to wit:Commitees, A Committee of Finance and Accounts, to consist of three members; a Committee on Employment, Settlements, and Removals, to consist of three members; whose duty it shall be, in addition to ascertaining settlements and attending to removals, to assist the poor, who are able to work, in obtaining employment; a Committee on the Temporary Home, to consist of three members; and a Committee on Supplies, to consist of three members, who shall superintend the purchase, deposit, Purchase and and delivery of all food, clothing, fuel and other articles for delivery of - ZD supplies. distribution, other than those of the Temporary Home, subject to such rules as may be adopted by the Board. No bills shall Bills. be paid by the Treasurer without a vote of the Board authorizing the same. 11. Tickets may be issued according to rules adopted by the Meals and lodgBoard, entitling the holders to a meal at the Temporary Home; porary Haome or to a-lodging, according to their sex, at the Home, or at the and stationpolice station. 12. It shall also be recommended to the city that the Temporary lodgings and police stations be used, as at present, for temporary lodgings; relief at stationand food be given there to the destitute at night and on Sun- thes, and. ~~~~~~~~~~~visits thereto 68 POLICE. days, so that persons asking relief in the streets may always be sent, at those times, to the nearest station-house, and at others, to the central office. Reports of the names, residences, and occupations of all persons lodged or fed at the stations, shall be sent daily to the central office. And if the Board shall, at any time, deem it expedient, a Visitor or member may attend at the several police stations, at fixed hours, for the purpose of receiving applications, which shall be recorded, and the applicants visited, as if received at the central office. POLICE. RULES AND REGULATIONS. 19, 20. Qualifications of Officers, to 1. Chief of Police to be responsible consist of —(1) citizenship; for the Department. (2) residence and taxpaying; 2. To keep statistical books. (3) suitable age; (4) health, 3. To keep books of accounts. temperance, etc.; (5) ability to 4. To visit station-houses. read and write; (6) application 5. To instruct captains. in handwriting. 6. To cause military drills. 21. Officers to be physically examined. 7. To keep complaint book. 22. Reference of nominations. 8. To keep records of special offi- 23. Oath of office. cers. 24. Officers, to give their whole time 9. May suspend officers and grant to their duty. furloughs. 25. To be punctual, obedient, etc. 10. To give information to prosecut- 26. To be decorous and energetic. ing officers. 27. Not to drink liquor while on duty, 11. To provide station-houses with or enter drinking places except books. in performance of duty; nor 12. To keep a meteorological diary. smoke except as provided. 13. To publish ordinances. 28. Not to receive rewards or gifts, 14. To keep record of defects in high- nor extra compensation without way, and accidents therefrom. approval. 15. To keep record of licensed deal- 29. To be punished or discharged for ers and places, and suspected cause. wrong-doers. 30. To have charges against them 16. Messages for the central office. made in writing; and may have 17. The Deputy Chief to assist the inquiry before the Committee Chief, and officiate in his ab- on Police, and may be dissence. charged with approval of the 18. To supervise the City Prison.. Mayor. POLICE. 69 31. When discharged, to surrender 54. To record all persons coming unproperty. der his supervision. 32. To co-operate in cases of danger. 55. To examine books of such persons 33. Not to apply for warrants for as- and report suspected cases. sault, or make complaint for 56. To complain of unlicensed dealdamages without consent of ers. Chief. 57. Police officers may examine books 34. Not to belong to fire or military and property of second-hand companies, serve on juries, or dealers when directed. form associations without con- 58. Superintendents shall report sent of the Board of Aldermen. weekly to the Chief. 35. Not to disclose affairs of depart- 59. To be at his office daily. ment without permission. 60. Clerk of Police to keep books of 36. To avoid political and religious central office, etc. discussions, and not interfere 61. Captains of Police to be at stationin elections. house during the day, and have 37. Watch to be set at the hour after charge of the house. sunset. 62. To keep station-house open and 38. Detectives to have certain hours. properly attended. 39. To visit public places and take 63. To have charge of his district, note of suspected places and and note matters requiring atpersons. tention; report cases of conta40. To visit thronged thoroughfares gion and danger from fire. and endeavor to prevent crime. 64. To have control of men attached 41. To perform any duty required by to his station; to inspect the the Chief or Deputy. men; report neglect or insubor42. M ay go out of the city with per- dination; instruct men in drill mission. and duty, and divide the dis43. To bring persons arrested to the trict into beats. central office, note their de- 65. To receive and keep all persons scription, etc., and leave their arrested, remove them to the property with the Chief. City Prison, etc. 44. Shall inform the Chief of all mat- 66. To make proper records of arrest; ters. to search prisoners, etc. 45. To keep private records, to be 67. To record lodgers. inspected by superiors. 68. To make proper disposition of 46. Superintendent of Carriages to property taken by the police. supervise licensed carriages; 69. To record offences and other porecord complaints; report on lice matters. applications for license, etc. 70. To record and report the duty 47. To record all licenses and collect done by men, with bills inthe fees; and perform other curred, etc. duties required by the Chief. 71. To make daily, monthly, and 48-52. Superintendent of Trucks, to yearly reports of all matters. supervise vehicles licensed to 72. To record all licenses and sustransport merchandise; to keep pected persons and places. records, collect fees, etc. 73. To detail officers for duty at fires, 53. Supzerintendent of Pawnb~roker- etc. age to supervise pawnbrokers 74. To have control at fires of all poand second-hand dealers. lice present. POLICE. 75. To suppress riots. 97. To note and report licensed and 76. To give military instruction to suspected places and persons. officers. 98. To note and report obstructions.77. Not to permit improper persons and defects in the streets; inor conduct in station-houses, secure coal holes; defective and to report irregularities. lamps; unsafe buildings; nui78. To use gas and fuel economi- sances, etc. cally. 99. To examine doors, grates, etc., 79. Lieutenants to have same powers and secure those left open; to and duties as the Captain in his be vigilant in respect to fires, absence. waste of water, the state of side80. To alternate in duty. walks, nuisances in the streets, 81. To report delinquencies to the and report parties violating the Captain. ordinances. 82, 83. Sergeants of Police to perform 100. To request loiterers to move such duties as directed. on, and report those who re84, 85. To have charge of, and in- fuse. struct men; patrol the dis 101. To note beggars, and if in district and report the conduct of tress, direct them to Overseers men. of Poor or charitable associa86. Patrolmen may be called into tions. service at any time; not to re- 102. To note fast driving, brutality, ceive extra pay or fees without to animals, violations of law approval. in respect to carriages. 87. To be courteous to superiors, re- 103. To assist to disentangle blocked port neglect, be obedient, etc. teams, and protect foot pas88. To be present at roll-call unless sengers. excused. 104. To quell disturbances and arrest 89. To patrol their beats once an offenders. hour, and confine themselves 105. To arrest on warrants and make to their beat except in specified proper returns; may arrest cases. persons reasonably suspected, 90. Not to communicate with one an- and night-walkers, and may other or other persons unless in examine persons abroad at the line of duty. unreasonable hours. 91. To inform themselves of the in- 106. To require accusers of crime to habitants on their beats. go with the accused to the 92. To give information and aid con- station. sistent with duty, keep his num- 107. Not to use unnecessary force in ber in sight, etc. making arrests, or abuse pris93. To direct strangers and give as- oners. sistance to other officers. 108. To carefully preserve all prop94. To restore lost children; to note erty taken from prisoners. cause of contagion or sudden 109. Not to act in civil cases except death, etc. by authority. 95. To warn crowds as to pick- 110. To be paid for time lost by inpockets. jury while on duty, and by 96. To watch persons of bad character sickness for ten days. and prevent assaults, crimes, 111. To give alarm of fire and note etc. circumstances. POLICE. 71 112. To protect lives and property at 130. Roll-call. fires; officer first arriving to 131. Special Police to wear a badge. have control until superiors 132. To conform to the rules. arrive. 133. To make weekly returns of duty. 113. To keep private record of all 134. To be removed for delinquency. matters of duty. 135. Police Property —to be under 114. To make day reports. charge of Committee on Po115. May be suspended for not wear- lice. ing uniform and badge. 116-119. Harbor Police, divided into APPENDIX. two districts. 120. To visit the powder-boats and oys- 1. Police Uniform. ter-beds. 2. Summer uniform. 121. To pay particular attention to 3. Winter uniform. cases of drowning. 4. Specifications; Overcoat. 122. To board foreign vessels, keep 5. Coat. boats away, and challenge 6. Vest. strange boats. 7. Pantaloons. 123. To render aid on the wharves. 8. Buttons on Coat. 124. To have certain signals. 9. Boatmen's uniform. 125. To be relieved at certain hours; 10. Cape for wet weather. shall keep boats and firearms 11. Uniform to be worn when on in order. duty. 126. Time of the different watches. 12. Clubs, belts, etc. 127. Officers on the sail boat. 13. Badges; of the Chief. 128. To familiarize themselves with 14. Of the Deputy. all vessels in port. 15. Of Captains and Lieutenants. 129. To co-operate with U. S. officers 16. Of Sergeants. and Harbor Master, in enforc- 17. Of Patrolmen. ing the laws. RULES AND REGULATIONS. Chief of Police. 1. The Chief of Police shall be the Chief Executive Officer Chief of Police of the police department, and shall be responsible for its disci- ble for the depline and efficiency. He shall report all instances of wilful partment. disobedience or neglect of duty to the Committee on Police, who shall investigate the same. 2. He shall keep a book, alphabetically arranged, in which To keep statistical books. shall be entered the name, age, birthplace, date of service, dis-al book trict, and occasions of censure, or punishment of every member of the department. 72 POLICE. To keep books 3. All the accounts and expenses of the department shall be of accounts. audited and entered in proper books, to be kept in his office for the inspection of the Mayor and Board of Aldermen, and it shall be his duty to see that the utmost economy is practised throughout the service. To visit'station- 4. Ile shall visit each station-house as often as his other houses. duties will permit, and inspect the drill of the men, the books of the station, and see that the houses are properly conducted and kept in good order. To instruct cap- 5. He shall instruct the captains in all branches of their tains. duty, and see that they give similar instructions to their men. To cause mili- 6. He shall, as often as opportunity permits, cause as large tary drill, a number of the me mbers of the department as can be spared from their other duties, to be drilled together in military movements and evolutions, so that they may act efficiently in concert when called upon to suppress riots or disorders. To keep corn- 7. He shall keep a book in which complaints may be made plaint book. by citizens against members of the department, and another in which violations of the laws and ordinances, robberies, burglaries, articles lost, and other similar matters when brought to his knowledge may be entered, and he shall cause prompt attention to be paid to such complaints or information. To keep records 8. He shall keep a list of all special officers, with their fspecialoffi- names, ages, residences, birthplaces, and the names of their employers, and the extent of their powers; as also of any omission to make report of their doings as hereinafter provided.* May suspend 9. He may suspendifrom duty and stop the pay of any officers and grant fur- member of the department for a time not longer than one week, loughs. for cause, and may grant furloughs to any one member for the same period, making report thereof to the Committee on Police for approval. To give infor- 10. He shall keep'the city solicitor and prosecuting officers cuation to prose- of the county informed of all matters that pertain to their several offices relating to the police or interests of the city, or to any breach of the laws or ordinances. He shall prescribe rules for *Rule 133. POLICE. 73 the entry of all complaints and prosecutions for violations of the laws and ordinances, and use his best efforts to bring offenders to punishment. He shall make report to the Committee on Police, every morning, of his doings for the preceding twentyfour hours, and send a duplicate of such report to the Mayor. 11. He shall cause the station-houses to be provided with To provide stacopies of the "General Statutes," the "Ordinances of the ti;thhbouskes City," the " Municipal Register;" " Boston Directory," some system of drill, an i" English Dictionary," and the " Bible," and each member of the department with a copy of the " Rules and Regulations." 12. He shall cause a meteorological diary to be kept in his Tokeepmeteoroffice, with the state of the weather at eight in the morning, at ological diary. noon, and at sunset. 13. Whenever a disregard of any law, ordinance, or order To publish orprevails to any extent prejudicial to the well-being of the city, dinances. he shall cause the said law, ordinance, or order to be published in the newspapers of the city, or in handbills or circulars, calling thereto the attention of the public. 14. He shall record in a book reports from the several Tokeeprecord of defects in stations, of all defects in the highway, violation of the building hig hway, and laws, causes of nuisance, and take measures to have the same accidents therefrom. corrected, and keep a record of all accidents whereby the city may become chargeable, with the circumstances, names of witnesses, and a particular description of the locality. 15. He shall keep a record of all intelligence offices, junk To keep record of licensed shops, and dealers in second-hand articles, pawnbrokers, thea- dealers and tres, and other places of amusement licensed by. law, and see places, and suspected wrong — that they observe the laws, ordinances, and rules for their doers. government, and of all suspected gambling-houses, drinkingsaloons, and houses of ill repute, as also of all convicted persons who may become dangerous to the community. 16. The central office shall be open day and night, where Messages for central office. all messages must be sent and applications made. central Deputy Chief. 17. The deputy chief shall be under the immediate direction The Deputy -'~~~~~~~~~~~~~ ~~~~~Chief to assist 10 74 POLICE. Chief and offici- of the chief, assist him in his duties, and officiate for him in his ate in his absence. absence. To supervise 18. It shall be his especial duty to supervise the city prison, City Prison, be responsible for its good order and cleanliness, and cause all the rules and orders for its government to be rigidly enforced. Qualjfications of Members. 19. It is the design of the appointing power to select men for office with a view to their fitness for the position and usefulness in the service of the department. No officer can necessarily expect to retain his office unless his conduct be such as to secure the good will of the respectable portion of the community, and to command respect from the unfortunate and vicious. Qualifications 20. The following qualifications shall be necessary for any of officers, consist of — one to be eligible as a member of the department:1. Citizenship. First. To be a citizen of the United States. 2. Residence Second. To have been a resident of Boston and paid taxes and tax paying. there for the two years next preceding his appointment. 3. Suitable age. Third. To be not under twenty-one nor over forty years of age when first appointed. 4. Health, ternm- Fourth. To be of sound health and vigor, of unquestionable perance, etc. energy and courage, of temperate and industrious habits, of peaceable and courteous manners, decorous and cleanly in his person and dress, respectful to superiors, prompt and decided in action, and diposed to be zealous in the service. 5. Ability to Fifth. To be intelligent, and able to read and write the read and write. English language. 6. Application Sixth. All applications for appointment shall be made in in handwriting. the handwriting of the applicant. Officers to be 21. It shall be the duty of the city physician, or of such physically ex- other regular physician as may be duly appointed by the board amined. of aldermen for that purpose, to examine and report on the physical condition of candidates (when not already on the force) for police officers, and to perform such other professional duty as may enable such physician to certify to the chief of police as to the cause of sickness or disability of members of the department, of their physical fitness to perform police duty, POLICE. 75 and also to the length of time they'shall have been disqualified for service by such sickness or disability; and before a nomination is made of a police officer to the board of aldermen for confirmation, a certificate of the city physician, or of such other regular physician, that the candidate is physically qualified, shall be furnished to the mayor. 22. Nominations shall be referred to the Committee on Reference of nominations. Police, who shall report as soon as practicable to the board of aldermen for confirmation or rejection. 23. Before entering upon the discharge of their duties, the Oath of office. members appointed on the police department shall take and subscribe to the following oath before the City Clerk. I,.-, do solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Police Officer of the city of Boston, so long as I shall be such officer. So help me God. General Rules. 24. Each member of the police force shall devote his whole officers to give theirwhole time time and attention to the business of the department, and he is to their duty. expressly prohibited from following any other calling, or being employed in any other business. Although certain hours are allotted to the respective members for the performance of duty on ordinary occasions, yet at all times they must be prepared to act immediately on notice that their services are required. 25. Punctual attendance, prompt obedience to orders, and To be punctual, conformity to the rules of the department, shall be rigidly en-bedient, etc. forced. 26. Each member, in his conduct and deportment, must be To be decorous quiet, civil, and orderly in the performance of his duty; he and energetic. must be attentive and zealous, control his temper, and exercise the utmost patience and discretion. He must at all times refrain from harsh, violent, coarse, and profane language, and, when circumstances require, act with energy and decision. 27. No member of the department shall, in the station-house Not to drink while on duty, or elsewhere, while on duty, drink any kind of intoxicating or enter drinkliquor, or smoke, or, except in the immediate performance of ingplaces, ex 76 POLICE. cept in perform- his duty, enter any place in which intoxicating drinks are sold or ance of duty; nor smoke ex- furnished. ]No intoxicating drink shall be introduced upon any cept as proi- pretext into the station-houses, except when advised by a physician. Smoking shall not be allowed in the station-house, except in apartments designated by the captain, with the approbation of the chief. Not to receive 28. No member shall, directly or indirectly, accept from rewards or gifts, nor extra any person, either liable to be arrested or to complaint, or in compensation without appro- custody, or after he has been discharged, or from any of his val. friends, any gratuity, reward, or gift whatsoever; nor from any person money or other compensation for services rendered or damages sustained while on duty; nor any extra compensation whatsoever, without the approval of the committee on police. To be punished 29. Any member of the department, for intoxication, wilful or discharged for cause. disobedience of order,s indecent, profane, or harsh language, disrespect to a superior, unnecessary violence to any prisoner or citizen, neglect in paying his just debts for rent or necessaries, or any breach of the " Rules and Regulations," shall be subject to reprimand, suspension, deductions from his pay, or to discharge, according to the nature or aggravation of the offence. Tohavecharges 30. All complaints made against any member of the departagainst them madein writ- ment by any other member thereof, or by any other person not ing; and may of the force, shall be reduced to writing, with specifications, and beforethne Com- shall be signed by the party making the complaint before the mittee on Police, and may same shall be investigated. For minor offences the measure of be discharged with approval punishment shall be determined by the chief of police, subject, of the Mayor. however to an appeal to the committee on police. The investigation of all important charges shall be before the committee on police, and the evidence shall be taken down by a clerk; and when they find the officer guilty of any irregularity not sufficient to warrant his removal from the force, they shall state what deduction shall be made therefor from his compensation, and such deduction shall accordingly be made. No officer shall be removed from the force unless so recommended by said committee, and his removal approved by the Mayor. When dis 31. Whenever any member of the department resigns or is charged, to surrender prop- discharged, or in any way vacates his office, he shall surrender erty. POLICE. to the captain of the station to which he belongs, his badge, number, book of regulations, memorandum books, club, police buttons, belt, and other equipments. 32. Coolness and firmness will be expected in all cases, of To cooperatein cases of danger. every officer, and in times of extreme peril the police must be careful to act together, and to protect each other in the restoration of peace; whoever shrinks from danger or responsibility, at such a moment, should be discharged as unworthy of a place in the service. Not to apply 33. No member of the department will be permitted to ap- for warrants ply for a warrant for an assault upon himself, or make a com- for assault, or make complaint plaint for damages, or adjust the sarhe without consent of the for damages without consent chief. of Chief. 34. No member of the department shall belong to any fire Not to belong to fire or miilior military company, nor shall he serve on a coroner's jury nor tary companies, perform any similar service. No association shall be formed serve or jciaes, within the department, of members thereof, without the assent tions without consent of the board of aldermen. 35. No member of the department is allowed to communi- Not to disclose affairs of decate any information respecting orders or regulations or any partment withother business of the department whatever, or which has been permission. procured in its service, except by special permission of a superior officer. 36. No one will be appointed on the police for his religious To avoid political and religor political opinions, and officers will avoid all religious or polit- ions discusical discussions in the station-houses; they shall not interfere or ions, arnd not make use of the influence of their office in elections, but may elections. quietly exercise the right of suffrage as other citizens. 37. By statute of 1833, chap. 62, the mayor and board of Watch to be set aldermen were authorized to set the watch at such time after at the hour after sunset. sunset as they shall deem expedient; it is ordered that the watch shall be set one hour next after sunset. Detective Police. 38. The head-quarters of the detective police shall be at the Detectives to central office, and their office hours from 9 to 10 A. M. and from have certain n2 to 3 P. r. each day, or at such otheirom times as the chief mayhours. 2 to 3 P. m. each day, or at such other times as the chief may 78 POLICE. direct. Some one of their number shall be, when practicable, at the office at all hours, from 9 A. M. to 6 P. M. To visit public 39. They shall, as often as practicable, visit the railroad places and take note of sus- stations, theatres, and places of amusement, all public gatherpected places and persons. ings and other places where large numbers of persons collect, take note of all gaming-houses and houses of ill-repute, and all persons who may reasonably be suspected of crime or evil design, whether residents or strangers, and keep a list of all persons convicted of crime, who are likely to be dangerous to the community. To visit 40. WVhen no other business engages their attention, they thronged thoroughfares and shall visit the most thronged thoroughfares in the city, noting penveavor tome persons and transactions which may be of service to them in the discharge of their duties; and they shall not only use their best efforts to detect the criminal, but also to prevent the commission of crime. To perform any 41. Being the only force at the immediate command of the duty required chief, they will at all times hold themselves in readiness to by the Chief or Deputy. answer any calls made by the chief or the deputy to perform any duties connected with the business of the department. To gooutofthe 42. Should there be occasion to send one of their number city with per- out of the city, county, or State, in pursuit of any fugitive from mission. justice,-this may be allowed by permission of the chief or the committee on police. But all his expenses and a reasonable compensation may be required by the department of the parties interested in the apprehension of the criminal, as a condition of such permission. To bring per- 43. When any person is taken into custody, he shall, if sons arrested practicable, be brought to the central office, and a full descripto the central poffice,notetheir tion of his person, and the time and cause of his arrest, his description, etc. and leave their name, and that of the arresting officer, with the amount and property with description of property talen from his person, shall be recorded the Chief. on the book kept for that purpose; and if he is to be locked up, he shall be placed in the city prison, and a mittimus left with the keeper. All property taken from any person shall be put together, carefully marked, and left with the chief of police. POLICE. 79 44. They shall at all times keep the chief informed of all To inform the Chief of all matters coming to their knowledge relating to the interest of the matters. department, and they shall not undertake the investigation of any case without the knowledge and consent of the chief or the deputy. 45. They shall each keep a private record of their doings To keep private in a book kept at the central office for that purpose, always open sportd tbyesu for inspection by superior officers. periors. Superintendent of Carriages. 46. The superintendent of carriages shall devote his whole Superintendent time to the business of the department. He shall have the of Carriages to general supervision of all carriages licensed for the conveyance licensed carriages; record of passengers in the city of Boston. He shall keep a book for complaints; report on applicathe entry of complaints against parties licensed, made for de- tions for limanding or receiving illegal fares, or for not having their num- cense, etc. bers in a conspicuous place, or other irregularities, and examine and report the same to the committee on licenses. He shall investigate and report to the chairman of said committee upon all applications for carriage licenses, and the names of all persons occupying carriage stands in the city of Boston, or carrying passengers for a compensation, who are not duly licensed, or who do not fully comply with the rules and regulations in relation thereto. 47. The superintendent of carriages shall keep an accurate To record all lirecord of the names of the owners of all licensed carriages, and censes and colleer the fees; the number of the license. He shall collect all dues for licenses and perform other duties regranted, and pay over the same to the chief of police, and he quired by Chief. shall also perform such other duties as may be required by the chief of police. He shall be at his office from 9 to 10 o'clock, A. M. and from 2 to 3 o'clock, P. M., each day, for the transaction of business belonging to his branch of the department. Superintendent of Trucks. Superintendent of Trucks to su48. The superintendent of trucks shall devote his whole pervise vehicles time to the business of the department. He shall have the licensed to transport mer 80 POLICE. chandise; to general superintendence of all vehicles licensed for the transkeep records, collect fees, etc. portation of merchandise in the city of Boston. 49. He shall investigate and report to the chairman of the committee on licenses, upon all applications for license of vehicles for transportation of merchandise, as also for street stands, and shall see that all vehicles of that kind are properly licensed and numbered, and that the proprietors conform to the rules and regulations prescribed in their respective licenses. 50. The superintendent of trucks shall keep an accurate record of the names and number of each license. He shall collect all dues for such granted licenses, and pay over the same to the chief of police; and he shall perform such other duties as may be required by the chief of police. 51. He shall keep a book at his office in which complaints may be entered, and he shall promptly investigate the same, and all other irregularities in his department that come to his knowledge, and make report thereon to the chief and to the committee on licenses. 52. He shall be at his office from 9 to 10 o'clock A. M. and from 2 to 3 o'clock r. M. each day, for the transaction of business connected with his branch of the department. Superintendent of Pawnbrokerage. Superintendent 53. The superintendent of pawnbrokerage shall devote his oJ Pawnbrolcer- whole time to to the business of the department. Under the diageto supervise pawnbrokers rection of the chief of police he shall have the general superviand secondhand dealers. sion of all matters appertaining to the license of pawnbrokers, intelligence offices, dealers in junk, and second-hand articles, throughout the city. To record all 54. He shall keep a book in which he shall register alphaTo record allpha persons coming betically the names of all pawnbrokers and all dealers in junk or under his supervision. second-hand articles, together with the name and number of the street where they are doing business, and he shall see that each is furnished with a copy of the ordinance relating to his branch of trade. POLICE. 81 55. He shall also keep a book in which he shall register To examine books of such alphabetically the names of all who have taken out licenses, or persons, and to whom, on petition, license has not been granted, and also report suspected cases. those to whom license has been granted, but subsequently revoked, with the name and number of the street where each carries on business; and he shall see that all such persons duly licensed, keep the requisite books, and in all things conform to the requirements of the laws and ordinances regulating their trade; and he shall inspect said books from time to time, as often at least as once a month, making note of such facts as are deemed of importance, and if suspicions are reasonably connected with any property falling under his observation, he shall immediately report the same to the chief of police. 56. In all cases where persons carry on either of the above To complain of unlicensed trades without license, he shall cause such persons, under direc- dealers. tion of the chief, to be complained against, and attend to their prosecution. 57. Members of the police department, when so directed by Police officers may examine the chief, may enter the shop of any pawnbroker or dealer in books and propjunk or second-hand articles, and examine their books and the erty of secondhand dealers, articles therein, and if resisted, or refused permission to so do, when directed. the case shall be reported to the chief, and by him to the superintendent and committee on licenses, and if the circumstances justify it, the license shall be revoked. 58. The superintendent of pawnbrokerage shall submit to Superintendent the chief of police, on each Monday morning, a written report hally report of his doings for the previous week. chief. 59. He shall be at his office from 9 to 10 A. m. and from 2 to 3 P. M. each day, for the transaction of business connected with his branch of the department. Clerk of Police. 60. The clerk of police shall devote his whole time to the Clerl of Police to keep books business of the department. He shall keep fully and accurately of kcentrl office, all books, records, papers, or reports appertaining to the central etc. office, under the direction of the chief of police or the deputy, and perform all such other clerical service as they shall order. 11 82 POLICE. Captains of Police. Captain of Po- 61. The captain of police shall be at his station-house at all lice to be at station-house dur times during the day, unless absent on official duty. He shall have ing the day,and the general charge of his station-house, and be held responsible have charge of the same, for the cleanliness, good order, and proper condition of the same. To keep station- 62. He shall see that his station-house is kept open at all house open,y times, and in his absence shall detail a lieutenant or sergeant, to attended. be constantly in charge thereof, to receive prisoners, attend to calls, answer the applications of citizens, or to attend to other business properly belongihng to the department. To have charge 63. He shall have the general charge of his district, visiting evad not dstrct ery part of it as often as once each week, noting the condition of the ters requiring streets, sidewalks, street-lights, obstructions, nuisances, and nonattention; report cases of compliances with the city ordinances, and all other natters recontagion and danger from quiring the attention of the police in his district. HIe shall refire, and may port to the chief all cases of contag-iuos disease, and any neliorder inquests. d s gence which may expose the city to danger from fire, all mat ters within the line of the duty of the superintendents of streets or internal health. To have control 64. He shall have immediate control of the officers and paof men attached to heis station. trolmen detailed for duty at his station, and shall carefully note their conduct, condition, faithfulness, and efficiency. He shall call the roll at 6 P. ml. each day - then communicating all necessary information and orders, and at such other times as the chief shall order, noting and reporting every absence. He shall To inspect the n Zn men; report daily inspect his men, and reform any neglicrence in attire, want neglect or insubordination; of cleanliness or of neatness, or other improper personal habit, instruct men in 1 1 * ^ drill and dutyn and report to the chief every case of sickness, misconduct, inand divide the subordination, neglect, or unfitness for duty, and establish such district into beats, rules for the government of the station-house as the chief shall approve. Ile shall, as often as once a week, at roll-call, put the men through the simple military formations-in-line and evolutions, and once each week instruct themn as to their conduct at fires or riots, in making arrests or complaints, as to defects in the highway, nuisances, and accidents, in procuring information, or POLICE. other matters pertaining to their duty. He shall see that each has his copy of the " Rules and Regulations," and duly observes them. He shall divide, with the approval of the chief, his district into beats for day, and also for night, so arranged that the whole territory shall be covered at all times by officers on duty, except at roll-call, and as circumstances require, placing each officer, as far as practicable, where he will be most useful and efficient. 65. He shall receive into his custody and safely keep all To receive and keep all persons persons arrested in his district for any criminal offence, and un- arrested; reless otherwise lawfully disposed of, shall, before the opening of oeveithem to 0 the City Prison, the next session of the police court, cause all such prisoners to etc. be conveyed to the city prison, there to await the action of the court or the order of the chief of police; and it shall be his duty, or that of one of the lieutenants or sergeants, to be present at the police court each mornino, when required, after making his morning report, to attend to cases from his station. 66. He shall cause all persons brought into his station- Tomakeproper records of arhouse, before they are committed to the cells, to be first brought rests. into the dock, where the officer in charge shall then enter in the blotter his own name, the name of the arresting officer, also the name, nation, age, height, complexion, weight, residence, and offence of the prisoner, and the number of his cell; the prisoner shall be properly searched, and whatever is taken for safe- To search prisoners, etc. keeping be properly entered on the book. He shall post daily from the blotter to a register, alphabetically arranged, the name and description of criminals so arrested, with their sentence in court, of which he shall inform himself. 67. He shall also enter on his blotter and post into a register To record lodgthe name and description of all persons furnished with lodgings ers. at the station-house. 68. He shall receive and keep all property coming into the Tomakeproper possession of officers of the station by virtue of their office; property taken mark, and keep together and separate, the property taken from by the police. each person, and keep a record of the same; and property holden for evidence shall be delivered by order of court, and all other property holden shall, as soon as possible, be delivered to the lawful owner, a receipt being taken therefor; and all 84 POLICE. property remaining at the close of each quarter shall be delivered or reported to the chief. To record of- 69. He shall keep a daily record of burglaries, robberies, fences, and other police larcenies, amount of property lost or stolen, assaults, disturbmatters. ances, lost children, fires, dangerous places, and accidents, with the cause and proofs, and of all other matters appertaining to the business of the department in his district, for reference. To record and 70. He shall keep a daily account of the regular and extra report the duty done by men, duties done by his men, and on the eighteenth of each month with bills incurred, etc. submit to the chief a full and accurate account against the name of each member of his station, the number of days on duty, number of days absent without pay, or from sickness; all stoppages, amount due for extra work, and total amount due for the month preceding, with the requisite certified bills, certificates, and vouchers for the same; also all other bills necessarily incurred at the station for the current month, approved by him. To make daily, 71. He shall daily transcribe from his blotter and journal mon hy, and yearly reports to his morning report, a true copy of all matters of importance of all matters. there recorded for the twenty-four hours ending at 8 o'clock, A. Aiv., and present said report to the chief at 9 o'clock A. M. of the same day. He shall, on the last day of each month, transmit to the chief a full and correct synopsis of all the police work done in his district for the current month; and on the last day of each year he shall submit to the chief a full synopsis of all the police work done in his district for the current year. To record all 72. He shall keep a record of all pawnbrokers, secondlicensed and hand dealers, junk shops, intelligence offices, licensed places of suspected per- d sons and places. amusement within his district, and cause the laws and ordinances concerning them to be observed. He shall keep a record of all suspected drinki'ng-saloons, gambling-houses, or houses of illfame, and of all places where idlers, tipplers, gamblers, sellers of lottery-tickets, thieves, and other disorderly and suspicious persons congregate. To detail offi- 73. In-case of an alarm of fire the two officers on street cers for duty at duty nearest the fire shall repair at once to the fire and act as fires, etc. fire-police, the officers on beats adjoining to cover those left vacant. The captain will detail from the reserve at the station, POLICE. 85 with a sergeant, to repair to the fire, sufficient men to keep the streets clear and protect property, that the officers on street duty may return as soon as practicable to their beats. 74. In case of fire or other emergency, the captain or supe- To havecontrol at fires of all rior officer of the district present shall have direction not police present. only of his own men, but also of patrolmen of other stations within call. 75. In case of any riot or sudden emergency, requiring the Tosuppress riots. services of the police, on notice being given, the captain of the district in which such riot may occur shall forthwith proceed to the scene of disturbance, with the whole police force he can muster, and be vigilant in suppressing the disorder. Should the captain have any doubt of his ability to preserve the peace, or to restore order, he will immediately send notice to the chief of police or the deputy chief. 76. He shall cause the members of his command to be To givemilitary instruction to thoroughly instructed in the " School of the Soldier and Com- officers. pany," excepting those parts which relate exclusively to the manual of arms. 77. No person shall be permitted to remain at the station-Not to permit improper perhouse without permission of the officer in charge, except mem- sons or conduct bers of the department detailed for service, members of the city in stationhouses, and to council, and persons having official business there. The use of report irrrgu-!arities. spirituous liquors or wines, gambling, boisterous or indecent language or conduct, and profanity, are strictly prohibited at the station-house, and it is the duty of the captain to report any disobedience of the rules or other irregularity, that comes to his knowledge, to the chief. 78. He shall observe the strictest economy in the use of To use gas and fuel economnifuel and gas at the station-house, consistent with a due regard colly. to the comfort of the men, and see that the furniture and other property belonging to the same is neither destroyed nor injured. Lieutenants. 79. The lieutenants shall be detailed two to each district, Lieuteneit to and in the absence of the captain and in charge of the station, ersaendeipow 86 POLICE. as the Captain, Shall have and exercise all his powers and duties, and be held in his absence. in his absenceto the like responsibility. To alternate in 80. They shall rank first and second as named in their apduty. pointment. They shall alternate their duties, spending day and night such hours at the- station-house and such hours in the examination of the district, and perform such other duties as shall from time to time be ordered by their captain or by the chief. To report delin- 81. While on duty, or in the absence of a superior officer, quencies to the their orders shall be respected and obeyed, and they shall reCaptain. port to the captain every instance of violation of duty or of disobedience to orders. Sergeants. Sergeants of 82. Sergeants of police shall be detailed two to each station, Police to perform such duty except No. 8 and No. 4, to each of which shall be attached as directed, three. 83. They shall rank first and second, and, under the orders of their respective captains, shall perform such duties and at such hours of day and night as shall be directed by the chief of police. To have charge 84. They shall have the general charge of the men on their of and instruct beats, and shall instruct and assist them in their duties. When men; patrol the district and re- on duty and not otherwise detailed, they shall constantly and port the conduct of men. faithfully patrol their respective districts, visiting each beat as often as twice in each term of service, ascertaining the presence of each man at his proper place, and aiding in the enforcement of every duty. 85. They shall carefully note, and impartially report to the captain or lieutenant, every officer found on duty, by name and number, and the case of every officer absent from his beat, or other neglect of discipline or duty; and their failure so to report shall be sufficient cause for suspension or discharge from service. Patrolmen. Patrolmen may be called into 86. The districts will be divided into beats, and the rounds service at any of regular service will be from time to time specifiedl; but it is POLICE. 87 clearly to be understood that when occasion requires, officers are liable to be called into service for any portion of the day, if necessary. The ordinary sphere of their duty is the city of Boston and the harbor with its islands. But as officers clothed with the criminal powers of constables, they may be required to go into any other part of the State to arrest criminals, or for other duties. No compensation will be allowed beyond their Not toreceive extra pay or pay for extra service, except upon such bills as are approved by fees without the mayor and the committee on police, and all fees as witnesses approal. in court shall be deducted from their pay, except as provided in the seventh section of the ordinance; and they must report to the captain all fees so received, who shall report the same to the chief, to be deducted from the next month's payment. 87. The patrolman will hold himself in readiness, at allTobe courteous times, to answer the calls, and to obey the orders of his supe- to superiors,ect rior officers. He shall treat them with respect, and in his de- beobedient, etc. meanor to his associates, on the force, be courteous and considerate, guarding himself against envy, jealousy, or other unfriendly feeling, and refraining from all communications to their discredit, except to his superior officers, whom it is his duty to inform of every neglect or disobedience of orders on their part that may come to his knowledge. He shall conform to the rules and regulations of the department, observe the laws and ordinances, and render his services to the city with zeal, courage, discretion, and fidelity. Any violation of the rules of the department will be punished by reprimand, suspension, deductions from pay, or discharge. 88. IHe shall be present at the daily roll-calls, and attend To be present at roll-call unat the station-house at the times appointed him, and if' absent, less excused. except by permission, or for sufficient reason, deductions shall be made from his pay. 89. Immediately after roll-calls, the patrolmen going out To patroltheir beats once an on duty shall each repair to his beat, and continually patrol hour,and conevery part thereof, as often as once each hour if practicable, o tlleirsbeat, and he shall confine his patrol within the limits of his beat, ex- except in specified eases. cept in case of fire, arrest of a prisoner, or other necessary ab 88 POLICE. sence on duty, until the time assigned for the expiration of his tour of duty, and he is regularly relieved. Not to eommu- 90. Policemen must not walk together, or talk with each nicate with one another or other, or with any other person on their beats, unless it be to other persons, communicate information pertaining to the department, or in line of duty. the line of their duty, and such communication must be as brief as possible. To inform 91. As far as he can, without intrusion upon the privacy of themselves of the inhabitants individuals, he must note all removals from or into the limits of ontheir beats his beat, and acquire such a knowledge of the inhabitants as will enable him to recognize them. To give infor- 92. He shall furnish such information and render such aid mation and aid, consistent with to all persons, when requested, as is consistent with his duty, duty, keep his number in and he shall keep his number in sight and give his name and sight, etc. number to all persons who inquire. To direct strangers, and give 93. He must direct strangers and others, when requested, assistance to the nearest and safest way to their places of destination, and, other officers. when necessary, cause them to be accompanied thither by one of the police, but shall not leave his beat for that purpose, but pass such persons from his beat to the next. If he hear the cry of watch, or other call for assistance, he shall proceed to render aid with all despatch, taking every practical precaution for the protection of his beat, when he leaves it for this or any other purpose. To restore lost 94. He shall cause all children who have strayed, or infants children. who have been abandoned, to be taken to the residence of their parents, if known, and within the bounds of his beat, and if not, to the station-house. Children or families without home Tonote cases shall be directed or sent to the City Temporary Home, 36 of contagion, Charles Street. He shall take note of all cases of contagious or sudden death, etc. disease, or sudden death, where there is reasonable ground to suspect criminality, and render immediate aid in cases of accident or illness in the streets, ascertaining all important particulars connected therewith, and making record thereof. To warn crowds 95. When he discovers a pickpocket in a crowd at railroad asto pick- stations, theatres, or any other thronedl place, he shall give pockets. suitable warning suitable warning. POLICE. 89 96. He must strictly watch the conduct of all persons Of To'Watch persons of bad known bad character, in such manner that it will be evident to character and them that they are watched, fixingo in his mind such impressions prevent as-' saults, crimes, as will enable him to recognize persons whom he frequently etc. meets in the streets at night, and to the utmost of his power, prevent the commission of assaults, breaches of the peace, and all other crimes about to be committed. 97. He must note all junk-shops and shops of second-hand To note and report licensed dealers and pawnbrokers, all places of amusement, and all li- andsuspected censed persons and places within his beat, and also all suspected places and pergambling-houses, public saloons for drinking, dancing, or prizefighting, mock-auction rooms, venders of lottery tickets, houses of ill-fame, and all other suspicious persons and places therein, keep a list thereof in his book for reference, and report the same to his captain. 98. While on duty he shall note all street and sidewalk ob- To note and report obstrucstructions, all defects therein from which accidents may occur, tions and defects in the removing them when practicable; all places for which tempo-streets; inserary permits are granted for building, or where openings or ex- curec coal-holes; defective cavations are being made, and not suffer them to be continued lamps; unsafe buildings, nuiwithout examining the permits authorizing the same, and shall sances, etc. cause suitable accommodations to be provided for the public travel; all coal-holes left exposed or insecure; all street lamps not lighted at proper times, or too early extinguished, where not clean, or not giving sufficient light; all wooden buildings erected or being erected contrary to law, or any building defectively built or become unsafe, or where any noisome, dangerous, or unwholesome trade is carried on; and all nuisances, and other matters relating to the safety and convenience of the public or to the interests of the city, which may exist or occur on his beat, and shall muake report thereof without delay in writing to his captain. 98. He shall examine in the night-time all doors, gates, and To examine windows of dwellings and stores, to see that they are properly doors, andgastesre secured, and if not give notice to the inmates, if any, and where those left open. not, make the same fast and notify the owner in the morning. He must watch vacant houses, to prevent depredations, be vigi- To be vigilant in respect to 12 90 POLICE. fires, waste of lant to prevent fire or waste of Cochituate water, call the attenwater, the state b of sidewalks, tion of abutters to the state of their sidewalks, where by snow, nuisances in the ice, or other cause they are rendered dangerous, or when obstreets; and re- y d port parties structed by fuel, boxes, or other incumbrance, or with goods, violating the ordinances. or signs extending more than a foot over the same: take note of all ashes, garbage, dead animals, or other nuisance thrown into the street, or where the street is used for washing carriages or horses, or improperly obstructed thereby, or where the laws and ordinances, orders, rules, and regulations for the government of such cases, upon notice given, are not forthwith obeyed, the officer shall do what he can himself to make the way safe and convenient, ascertain the names of the parties offending, and report the same for complaint and prosecution. To request loi- 100. Whenever any person remains upon any one part of ton, and report the sidewalk longer than is allowed by law, it shall be the duty those who re- of the officer to request him courteously to move on; and if any fuse. such person unreasonably persists in remaining so as to incom. mode other passengers, the officer shall endeavor to ascertain the name of such person, and report the same for prosecution. 101. When any person begs in the street or goes from door To note beg- to door soliciting alms, it shall be the duty of the officer to ingars, andifin quire the name and abode of such person, and note the same distress, direct them to Over- for record, and to direct such person, if in distress, to the seers of the Poor orChari- Overseers of the Poor or to any charitable association to his table Associations. knowledge affording relief in similar cases. To note fast 102. He shall note all cases of fast driving, brutality to driving, brutal- animals, horses or vehicles left unattended more than five ity to animals, violations of minutes, or standing more than twenty, or going upon the law in respect to carriages, sidewalk, or taking the wrong side in passing or meeting, all cases where the drivers of licensed vehicles are uncivil, or demand illegal fares, or where rail cars or omnibuses stop opposite the intersection of streets or on crossings or do not conform to any other lawful provision made for their regulation. To assist to 103. When any way becomes blocked, he shall use his best disentangle blocked teams, efforts to aid the drivers in disentangling the same, and when and protectfoot the stream of travel is continuous, open the way for foot-travelpassengers. POLICE. 91 lers wishing to cross, attending women, children, and aged persons, who would be otherwise exposed to danger. 104. When a disturbance occurs, he shall instantly repair To quell disturto the spot, and use his best efforts to restore quiet. If any rbances, ndasrperson has committed a felonious assault, or any other felonious crime, or by loud outcries, or otherwise, persists in disturbing the peace,'any one so offending shall be taken into custody, and conveyed to the station-house to await the order of the captain. If he is opposed in the performance of his duty, he shall spring his rattle, and the policemen who hear it shall answer the same, by forthwith proceeding to his assistance. 105. When holding a warrant against a party, he shall ar- To arrest on warrants, and rest him, and safely keep him in custody, and carry him before make proper the next session of the police, or other court, to which the war- returns; may arrest persons rant is returnable, making the proper returns thereon over his reasonably suspected, and own signature as a police officer. He may also arrest, without night-walkers, and may exam a warrant, any person riding or driving through the streets at a ine persons rate of speed inconsistent with the public safety or convenience, abroad atunseasonable any person reasonably suspected of having committed a felony, hours. or seen committing a breach of the peace, or being unduly armed with a dangerous weapon, and also nightwalkers; but in every case of arrest without a warrant, complaints must be made at the next session of the police court. He may also examine any person whom he shall see walking abroad in the night after the watch is set, and whom he'shall have reason to suspect of any unlawful design, and may demand of him his business abroad and whither he is going. 106. When any party charges another with crime, andTo require acinsists that the party so charged shall be taken into custody, he cusers of crime shall require the accuser, if unknown to him, or there is any accused tothe station. other sufficient reason for it, to go with the accused to the station. 107. When it becomes necessary to take a party into cus- Not to use untody, he shall do so in as easy and quiet a manner as possible, necesaryg force only using sufficient force to secure the prisoner, and no more, rests or abuse prisoners. and in no instance shall he strike the prisoner, except in selfdefence. When in custody, he shall see that the prisoner is 92- POLICE. properly dealt with and cared for, until disposed of from his custody according to law, and any unnecessary deprivations or abuse to prisoners.while in custody, will be met with reproof and punishment. To carefully 108. The property coming into his possession in his official propeerty taken capacity he shall carefully preserve, mark and place in the from prisoners, hands of his captain, and whatever is taken from each person while in his custody shall be kept together, and separate from other property. Not to act in 109. As by virtue of hbis appointment he can act officially in civil cases, except by author- criminal matters only, he will not render assistance in any civil ity. case whatever, except to prevent a breach of the peace, or to suppress a disturbance actually commenced, nor serve any warrant of search, without permission of the chief, deputy chief, or his captain. To,be paid for 110. Policemen wounded, or otherwise disabled while in time lost by injuries while on the performance of their official duty, and those rendered ill in duty, and by' consequence of unusual or extraordinary hardship, or exposure sickness for ten days. beyond the regular line of their duty, shall receive pay for their period of service necessarily lost in recovering, when duly certified by the city physician, or other physician appointed by their respective captains for them, upon approval of the committee on police. In cases of ordinary sickness, pay will be allowed for three days upon the voucher of the captain, and for ten days, and never more, when certified to by his own or the city physician. To give alarms 111. On discovering a fire, the officer shall first ascertain if of fire, and note circumstances, it can be extinguished without alarm, if not, he shall at once repair to the nearest signal-box and give the alarm. In the night-time, upon an alarm of fire, officers shall pass quickly over their beats, springing their rattles, crying fire, and giving' the number of the district and the number and location of the box. He shall note the time, and his position when he gives an alarm or hears one, and any circumstances connected therewith which seem to be suspicious. To protect lives 112. At an alarm of fire the officers who are detailed for andi property fire police at the station, shall quickly repair to the fire, to renat fires; officer POLICE. 93 der such assistance as practicable in securing and protecting first arriving to have control lives and property, under the direction of the engineers of the uhtil superiors fire department. The officer first arriving shall have prece- arrive. dence and control of the other officers who may be present, until a superior officer arrives. 113. It shall be the duty of the police officer to keep a pri- To keep private record of all vate record of his work, with day and date, and he shall enter matters of therein all matters of any importance in all work in which he is duty. engaged in his official capacity, whether at court, on his beat, or elsewhere, and also any other matter of importance that comes to his knowledge, connected with the police of the city; and when his book is full, it shall be carefully preserved for fu, ture use or reference, and he shall commence another. 114. He shall each day, at such time as shall be appointed, To make daily make report to the captain of all that he has done, or which reports. has come to his knowledge, during the previous twenty-four hours, or since his last report, exhibiting his book to the captain if requested. 115. Any officer who neglects to wear his badge and uni- May be susform when on duty, or in court, without permission from the pented for not wearing unichief, or his captain, will be suspended from the, department. formandbadge. Harbor Police. 116. The water police district will be divided into two Harbor Police beats, to be called the north and south districts. two districts. 117. The north district will comprise all the docks, wharves, and shipping north of Union Wharf to Charlestown Bridge, including East Boston. 118. The south district will comprise all the docks, wharves, and shipping south of Union Wharf, India Wharf to the water to South Boston Bridge, including South Boston. 119. If it become necessary in the performance of their duty, to go farther north or south than the districts above described, they will do so. 120. The south district will visit the powder boats every Tovisit the hour, and see that all is safe; also the oyster beds once in each powder boats and oyster beds. 94 POLICE. watch, and as much oftener as practicable, to see that they are not disturbed. To pay particu- 121. They will pay particular attention to all cases of lar attention to drowning coming under their observation, using every means cases of drown- c grm ing. in their power, regardless of time or cost, to resuscitate persons taken from the water. To board for- 122. They will board all foreign vessels on their arrival, kign vesatsels, supplying them with. a copy of the "Harbor Regulations," away, and chal- keeping away all boats, and allow no person to board said lenge strange boats. vessel without permission, until such vessel has been made fast to the wharf. They will also, after ten o'clock in the evening, challenge all strange boats, satisfying themselves that there is nothing wrong. To render aid 123. Should the cry of watch be made on the wharf, or a on the wharves. disturbance of the peace, the boatmen shall take notice thereof, and render such aid as the circumstances may require. To have certain 124. The following signals shall govern either watch when signals. they may be wanted: For the watch on the north district one shot will be fired from a pistol at the end of Union Wharf. For the watch of the south district two shots will be fired in quick succession from the same place,- when the boat so signalized shall come directly to Union Wharf. In addition to the above, the north watch will be at the end of Union Wharf at the following hours: seven, nine, eleven, one, three, five, and seven,- and the south watch at eight, ten, twelve, two, four, and six. To be relieved 125. The relieving time will be five minutes before one and at certain honrs; to five minutes before eight in the morning, and five minutes bekeep boats, and fore six in the evening, when the watch to be relieved will be firearms in order. at their relieving post. It will be expected of the eight o'clock morning watch and the six o'clock evening watch to have their boat washed and left clean, and everything in order for the next watch — the fire-arms kept clean and in order, and loaded and in their proper place. Time of the 126. The time for the morning watch will be at three and differentwatch- half-past three o'clock, the north watch coming in at three to es..; 95 be on duty at half-past three o'clock, during which time the south watch will have charge of both districts. The south watch will come in at half-past three to be on duty at four o'clock, during which time the north watch will take charge of both districts. 127. It will be expected of the officers belonging to the sail Officers on the sail boat. boat, unless otherwise ordered, to be on board the boat during their hours of duty; and the officer detailed whose night watch is aboard the boat will be on board at nine o'clock in the evening. 128. The officers shall instruct their men to familiarize To familiarize themselves themselves with all vessels belonging to Boston, as well as with ith all vessels vessels from other places frequenting the port. in port. 129. They shall, under the direction of the chief of police, To co-operate with U. S. offico-operate with the officers of the custom-house, the marshal of ers and the the district, and the harbor master, in enforcing the laws of the Harbor Master enforcing the Commonwealth and the United States. laws. 130. All officers will be present at roll-call —day officers Roll-call. to be punctual at five minutes before eight in the morning; night officers at five minutes before six in the evening. Special Police. 131. Persons who hold warrants as special police officers Special Police to wear a badge. without pay, must wear the badge required by the chief of police. 132. Such officers must conform to the rules and regular To conform to tions of the police department, so far as relates to their habits, the rules. conduct, mode of performing police duty, and in every particular in which they may be applied. 133. Every special police officer shall make a return every To make weekly returns of week to the captain of the district within which his duties lay, duty. of all the official acts which he has performed in the week preceding. 134. Special police officers who abuse their trusts, who To be removed for delinviolate the rules of the department, or who are unfit for duty, quency. will be deprived of their warrants. 96 POLICE. Police Property. Police Property 136. The committee on police shall have a general superinchre uofCo- tendence of all property belonging to the city used by the police charge of Committee on department, and shall have power to authorize the sale or Police. exchange thereof, when in their judgment expedient: and within the limits of the appropriation made for the same, to authorize the purchase of what is needed therefor. APPENT DIX. Police Uniform Poline uniform. 1. The Chief of police, the Deputy Chief, the Captains, Lieutenants, Sergeants, and Patrolmen, shall wear a dark blue sack frock coat, dark blue pants, and dark blue vest, and police hat, like the pattern at the Chief's Office. On public occasions the Chief, Deputy Chief, the Captains and Lieutenants, may wear a buff vest, with police buttons. Summer uni- 2. From the tenth day of June until the first day of form. October, in each year, the police shall wear a skeleton sack coat, and pants Inade of dark blue flannel, like the pattern at the Chief's office. Winter uni- 3. When the weather is cold, the police may wear a dark form. blue overcoat, like the pattern at the Chief's office. Overcoat. 4. Overcoat, surtout pattern, double breasted, with short rolling collar, made to button close up in the neck: the waist to be two and one half inches below the natural waist; the length of the skirt to be four inches below the knee-pan, one pocket in the left breast upon the outside, one in the right breast upon the inside and one in each skirt; two rows of police buttons, six in a row, upon the breast, four buttons behind with side edge, and three small police buttons on each cuff. POLICE. 97 5. Sack frock, single breasted, with rolling collar, made to Coat. button up to within six inches of the neck; waist to be one and one half inches below the natural waist; length of skirt to be within one inch of the knee-pan, the coat to be bound with narrow silk binding, four police buttons on the front, four upon the back with side edge, and two small police buttons upon each cuff. 6. Vest, single breasted, made without collar, to button'up Vest. within three inches of the neck, with seven police buttons on front. 7. Pantaloons, to be made like the pattern at the Chief's Pantaloons. office. 8. The sack frocks, when worn, will be buttoned at the top Buttons on button alone, unless otherwise ordered by a superior officer;oat. the skeleton sacks, when worn, will be buttoned up with four police buttons. 9. The boatmen's undress uniform, when on duty on board Boatmen's unitheir boats, shall consist of a single breasted "reef jacket," and pants made of dark blue cloth; the jacket will have four police buttons on the front, and be buttoned close up, and they will wear the police hat and badge like the patrolmen; in stormy or wet weather they may wear suitable clothing to protect them from its inclemency, under the direction of their Captain. 10. In wet or stormy weather the patrolmen may wear a Cape for wet portable cape of cloth or rubber. weather. 11. The police uniform shall be worn by the officers when Uniformtobe on duty before the public, and when at court, unless by permis- wor o duty. sion of the Chlief, Deputy Chief, or the Captain of the district from which he is detailed for detective purposes. 12. Clubs, belts, and white gloves, will be worn whenever Clubs, beits, the Chief or Deputy Chief orders. &o. 13. The Chief of Police shall wear upon the front of his hat Badges, of the a gold-embroidered wreath, with the word CHIEF embroidered Chief. therein, in old English letters with silver bullion, and the same insignia upon each shoulder. 14. The Deputy Chief of Police shall wear on the front of Of the Deputy. his hat, and upon each shoulder, a wreath like the Chief, with 13 98 POLICE. DEPUTY CHIEF, in old English letters, embroidered therein, in silver bullion. Of Captains and 15. Captains and Lieutenants of Police shall wear'upon Lieutenants. their hats and their shoulders, a wreath like the Chief, with the word CAPTAIN or LIEUTENANT, in old English letters, embroidered therein, in silver bullion, and above the wreath the number of their district. Of Sergeants. 16. Sergeants of Police shall wear upon their hats a gold wreath, with SERGEANT embroidered therein, in silver bullion, over which will be their letter, upon each shoulder the number of their district, and upon each arm, above the elbow, a strap with the word SERGEANT, in silver bullion. Of Patrolmen. 17. Patrolmen shall wear upon their hats a gold wreath like the sergeants, with the number of the man embroidered therein, in silver bullion, and upon each shoulder the number of the district to which they are attached. SCHOOLS. 99 SCHOOLS. RULES AND REGULATIONS. 4. Mover of a motion, etc., to be noCdhapter 1. tified of the time of its considerhation. 1. Organization of the Board. eration. 2. Standing Comminttees. 2. Standing Committees. 5. Committee on schoolhouses: - warming and ventilation of 3. Districts; district committees. schoolhouses. 4. Chairmen of sub-committees.. Committee on salaries. 5. Annual and quarterly meetings. 7. Committee on text-books. 6. Quorum. 8. Introduction of new books. 7. Vacancies in the Board. 9. Committee on music. Chapter 2. 10. Committee on printing. 1. Opening of meetings; order of 11. Committees on high schools. business. 12. Organization of district commit2, 3, 4. Duties of the President. tees. 5. Committee of the whole. 13. Duties of district committees; 6. Yeas and nays. classification of pupils; care of 7. Motions. primary schools. 8. Motion to adjourn. 14. Additional primary schools. 9. Previous question. 15. Quarterly examinations. 10. Call of special meetings. 16. Quarterly reports. 11. Appointment on committees. 18. Pupils to attend school in section Chapter 3. where they reside. 1. Duties of members in debate. 19. Teacher of sewing. 2. Call to order. 20. Examination of teachers; teach3. Violation of rules. ers advanced to another grade 4. ]lules of debate. to be examined; reappointed 5. Motions. teachers tO be considered as 6. Order of motions. new teachers. 7. Reconsideration. 21. Names of well-qualified candi8. Members to vote. dates at examinations to be pre9. Commitments. served. 10. Division of a question. 22. Canvassing the lists of teachers; 11. Reading of a paper when called nomination of teachers for refor. - election. 12. Suspension of rules. 23. District committees shall give ad13. Repeal or amendment of rules. vice to instructors, etc.; district committees may make Chapter 4: temporary arrangements. 1. Committee on elections. 24. Transfer of primary schools and 2. Committee on rules and regula- teachers.; notice to be sent to tions. Secretary of the Board; trans3. Committee on accounts. fer of teachers by the Board. 100 SCHOOLS. 25. Annual examinations; annual 11. Notices to be' given to Secretary. reports. 12. Teachers visiting schools. 13. Corporal punishment. Chalpter 5. 14. Exclusion of a pupil. 1. School year. 15. Suspension and restoration of pu2. Annual election of teachers.' pils. 3. Mode of choosing instructors. 16. Absence of pupils. 4, 5, 6. Election of a new master. 17. Instructors, in cases of difficulty, 7. Examining committee's report. to apply to district committees. 8. Instructors to hold their offices 18. Absentees must pay their substifor one year. tutes. 19. Temperature and ventilation. Chapter 6. 20. Examination of cellars and unoc1. Records and files. cupied rooms in season of fires. 2. Notices to be given. 21. Recesses. 3. Report to Secretary of State. 22. Physical exercise in schools. 4. Votes to be transmitted. 23. Care of school premises. 5. Medals to be provided. 24. Things not allowed. 6. Examination of bills. 25. Presents; contributions. 26. No advertisement to be read to the pupils; no agent to exhibit 1. Election of Superintendent; sal-rticlesin school. ary. 1 27. Authorized books and studies. 2. His general duties. 2. His general duties. 28. Pupils must have the books and 3. Visiting schools; meetings of pri- required. mary school teachers; meet29. Books,.&c., for indigent children. 30, 31. Children entitled to attend the ers. public schools. 4. State scholarships; absentees from public schools. 32. Certificate of vaccination. 33. Cleanliness of pupils required. 5. Assistance to committees. 34. Tardiness and absence of pupils; 6. Building and altering of school- dismission of pupils before the dismission of pupils before the houses; school expenses. houses; school expenses. close of the session; truancy. 35. Annual exhibitions; school festisemi-annual report. val 8. Record of names of applicants. 36. Holidays and vacations. Chapter 8. 37. Reading of Washington's Farewell Address. 1. Teachers to observe the school regulations. Chapter 9. 2. General duties of teachers. 1. Admission of pupils to primary 3. Schoolhouses. schools. 4. Teachers and pupils to be at school 2. Transfer of pupils. ~early. 3. Promotion to grammar schools. 5. Opening the schools. 4. Schools for special instruction. 6. Moral instruction.'5. School on Western Avenue. 7. School register and records. 6. Proper care of the pupils in 8. Blanks for schools. school; recesses for primary 9. Masters to examine their schools. schools in grammar school 10. Semi-annual returns. buildings. SCHOOLS. 101 7. Number of pupils to a school; 3. Time of examining candidates ~classes. for admission. 8. Sewing; singing. 4. Annual examination of candidates. 9. Order of studies; text-books. 5. Division of pupils; advancement; 10. Promotions. term to be only four years. Chapter 10. 6. Reviews. 1. Second grade of instruction; list 7. School hours. of grammar schools. 8, 9. Course of studies and textbooks. 2. Instructors in boys' schools; in books. 10. Diplomas to graduates. girls' schools; in mixed schools. 3. Number of pupils to a teacher. Chapter 12. 4. Qualifications for admission to the 1. Establishment and object of the grammar schools. girls' High and Normal School. 5. Examination of primary scholars 2. Instructors. for promotion to the grammar 3, 4, 5. Admission of pupils. School; certificates of admis- 6. Course of instruction. sion. 7. School hours. 6. Times of admitting pupils to 8. Visitations by parents and friends. Grammar Schools. 9. Pupils may remain three years. 7. Out-of-school lessons. 10. Diploma. 8. Classes and sections. 9. Text-books. Chapter 13. 10. Permitted books. 1. Latin School. 11. Arithmetic. 2. Objects of the school. 12. Instruction in music; examination 3, 4. Instructors. in music. 5. Candidates for admission. 13. Arrangement of the studies and 6. Time of examining candidates for recitations. admission. 14. Committees to superintend the or- 7. Pupils may remain six years. ganization of the first class; 8. School hours. no pupils to be retained who 9. Classes. should join the High Schools. 10. Examination by master. hate 1111. Course of studies and text-books. 12. Translations and keys forbidden. 1. English High School established, 13. Penmanship, reading, etc. and its object.14. Diploma. 2. Instructors. RULES.' Chapter 1. - Organization of the Board. SECTION 1. At all meetings of the Board of School Corn- Organization of mittee, the Mayor, styled President, shall preside; in his'Rules of the Board of School Committee, as in force 1865. The first three Chapters relate chiefly to the parliamentary rules of the Board in session, and are given for the reason that it is difficult to separate them from the body of the Rules. For the composition, powers, &c. of School Committee, see Laws and Ordinances, pp. 22-3, 631-50. 102 SCHOOLS. absence, the President of the Common Council shall preside; and in the absence of both the Mayor and President of the Common Council, a President pro tempore shall be chosen by ballot. SECT. 2. At the first meeting in each year, the Board shall elect a Secretary by ballot, and fix his salary for the ensuing year; and the President shall appoint, subject to the approval of the Board, the following Standing Committees of five members each, viz: 1. On Elections;- 2. On Rules and ReguStanding Com- lations; — 3. On Accounts;- 4. On Schoolhouses; — 5. On mittees. Salaries; — 6. On Text-Books; -7. On Music; 8. On Printing; 1- and the following, of thirteen members each, one member to be selected from each of the twelve wards of the city, viz: 1. On the Latin School; — 2. On the English High School;- 3. On the Girls' High and Normal School. SECT. 3. For convenience in the management of the Districts. Grammar and Primary Schools; the city shall be divided into as many Districts as it has Grammar Schools; each District shall District Comrn take its name from the Grammar School within its boundaries; mittees. the President shall appoint, at the first meeting of the Board in each year, and subject to its approval, a Standing Committee on each District, whose number, in each case, shall be proportionate to the number of schools in the District. Chairmen of SECT. 4. The member first named on any committee, shall sub- committees. be the chairman thereof; except that the Committee on the Latin School, on the English High School, on the Girls' High and Normal School, and each District Committee, shall respectively elect its own Chairman. Annual and SECT. 5. The Board shall hold its annual meeting for the quarterly meetings. election of teachers on the second Tuesday in June, and three other stated quarterly meetings on the second Tuesday in March, September, and December, at seven and a half o'clock, P. M., at such place as the President may appoint; and the Board may hold special meetings whenever they are deemed necessary. Quorum. SECT. 6. For a quorum, a majority of the Board must be present; but a less number may vote to send for absent members, and to adjourn. Whenever the Board is obliged to wait, See note on page 109. SCHOOLS. 103 after the hour appointed for the meeting, for a quorum to begin business, or whenever it has to suspend business and adjourn for want of a quorum, the roll shall be called and the names of the absentees recorded by the Secretary. SECT. 7. Whenever a vacancy occurs in this Board, a Com- Vacancies in mittee shall be appointed, consisting of three members from the ward in which the vacancy exists, and two at large, who shall consult with the Aldermen of said ward, or with the Chairman of the Board of Aldermen, in case the ward is not represented in that branch, and report to this Board, on or before the day of election, the name of a suitable candidate to fill said vacancy. Chapter 2. - Powers and Duties of the President. SECTION 1. The President shall take the chair precisely at Opening of meetings. the hour appointed for the meeting of the Board, and shall call the members to order, and, on the appearance of a quorum, he shall cause the records of the last meeting to be read, and shall proceed to business in the following order, and shall not depart from it unless authorized by a vote of the Board. 1. Papers from the City Council; Order of business. 2. Unfinished business of preceding meetings; 3. Nomination and Confirmation of Teachers; 4. Reports of Committees; 5. Motions, Orders, Resolutions, Petitions, &c. The Nomination and Confirmation of Teachers shall be called for in the order of the districts. SECT. 2. The President shall preserve order and decorum Duties of the President. in the meetings; he may speak to points of order in preference to other members, and shall decide all questions of order, subject to an appeal to the Board, on motion of any member regularly seconded, and no other business shall be in order till the question on the appeal shall have been decided. SECT. 3. When two or more members rise to speak at the Same. same time, the President shall name the member who may speak first. SECT. 4. He shall rise to address the Board, and to put a Same. 104 SCHOOLS. question, but may read sitting. He shall declare all votes; but if any member doubt the vote, the President, without debate, shall require the members voting to rise and stand until they are counted, and he shall declare the result. Committee of SECT. 5. The President shall appoint the chairman when the Whole. the Board goes into Committee of the Whole; at any other time he may call any member to the chair, but such substitution shall not continue longer than one meeting. He may express his opinion on any subject under debate; but in such case, he shall leave the chair, and shall not resume it while the same question is pending; but he may state facts, and give his opinion on questions of order, without leaving his place. Yeas and nays. SECT. 6. The President shall take the sense of the Board by Yeas and Nays whenever one fifth of the members present sustain a motion therefor. Motions. SECT. 7. All questions shall be propounded by the President in the order in which they are moved, unless the subsequent motion shall be previous in its nature; except that in naming sums and fixing times, the largest sum and the longest time shall be put first. After a motion is seconded, and stated by the President, it shall be disposed of by vote of the Board, unless the mover withdraw it before a decision or an amendment. Motion to SECT. 8. The President shall consider a motion to adjourn adjourn. as always in order, except when a member has the floor, or when a question has been put and not decided; and motions to adjourn, to lay upon the table, to take from the table, and for the previous question, shall be decided without debate. Any member who moves to adjourn to a day certain, shall assign his reasons for so doing. Previous ques- SECT. 9. He shall put the previous question in the following tion, form: "Shall the main question be now put?" and all debate shall be suspended until the previous question shall have been decided. The adoption of the previous question shall put an end to all debate, to bring the Board'to a direct vote upon pending amendments, if any, in their regular order, and then upon. the main question. SCHOOLS. 105 SECT. 10. Whenever in his opinion it is necessary, the Call of special President may, and at the written request of any five members, meetings. he shall call a special meeting of the Board; but no meeting of the Board shall be called on shorter notice than twenty-four h ours. SECT. 11. All Committees shall be nominated by the. Pres- Appointment of ident, unless otherwise ordered by the Board. committees. Chapter 3. - Rights and Duties of Members. SECTION 1. When any member is about to speak in debate, Duties of members in debate. or to present any matter to the Board, he shall rise in his place, and respectfully address the President; shall confine himself to the question under debate, and avoid personality. No member in debate shall mention another by his name, but may describe him by the ward he represents, the place he sits in, or such other designation as may be intelligible and respectful. SECT. 2. No member while speaking shall be interrupted Calltoorder. by another, but by rising to call to order, or to correct a mistake. But if any member, in speaking or otherwise, transgress the rules of the Boatrd, the President shall, or any member may, call him to order; in whi'ch case the member so called to order shall immediately sit down, unless permitted to explain; and the Board, if appealed to, shall decide on the case, but without debate. SECT. 3. If the Board shall determine that a member has violation of violated any of its Rules, he shall not be allowed to speak unless by way of excuse for the same, until he shall have made satisfaction therefor. SECT. 4. No member shall speak more than twice to the Rulesofdebate. same question, without leave of the Board; nor more than once until all other members choosing to speak shall have spoken. SECT. 5. No motion shall be considered by the Board unless Motions. seconded. Every motion shall be submitted in writing, if the President direct, or any other member of the Board request it. SECT. 6. When a question is under debate, no motion shall Order of motions. be received but to adjourn; to lay on the table; for the previous 14 106 SCHOOLS. question; to postpone to a day certain; to commit; to amend; or to postpone indefinitely; which several mbtions shall have precedence in the order above stated. Reconsidera- SECT. 7. When a question has once been decided, any member voting in the majority may move a reconsideration; such motion, if made at the same meeting with the decision, shall prevail if a majority of the members present sustain it; but if made at the subsequent meeting, it shall not prevail unless a majority of the whole Board vote for it; and only one motion for the reconsideration of any vote shall be permitted. Members to SECT. 8. Every member present when a question is put, vote. shall give his vote unless excused by the Board. SECT. 9. All motions and reports may be committed and recommitted at the pleasure of the Board. Division of a SECT. 10. The division of a question may be called for, question. when the sense will admit of it. Reading of a SECT. 11. When the reading of a paper is called for, and paper, when Z called for. the same is objected to by any member, it shall be determined by a vote of the Board. Suspension of SECT. 12. The consent of three fourths of the members Rules. present at any meeting shall be requisite for the suspension of any standing Rule of the Board, or Regulation of the Schools, unless the proposal for the same shall have lain upon the table for at least one week. Repeal or SECT. 13. Whenever any proposition is submitted by a amendment of Rules. member to amend or repeal any Rule of the Board, or involving the amendment or repeal of any Regulation of the Public Schools, said proposition, before any action thereon, shall be referred to the Committee on Rules and Regulations, or to such other committee, standing or special, as the Board may designate, who shall report thereupon, in writing, and said report, together with such recommendations or orders as may be therein contained shall be open to immediate consideration and action. SCHOOLS. 107 Chapter 4. - Duties of Standing Committees. SECTION 1. Immediately after the appointment of the Stand- Committee on ing Committees, at the meeting for organization, the Committee on Elections shall receive the certificates of election of the members, and examine them, and report the result of their examination without any unnecessary delay. Whenever any person shall be elected to fill any vacancy that may have occurred in the Board, this Committee shall examine his certificate of election, and report as above provided, and said committee shall hear and report on all cases of contested elections. SECT. 2. The Committee on Rules and Regulations shall Committee on' Rules and Regtake into careful consideration every proposition presented to ulations. the Board, to repeal or to amend any Rule or Regulation, whenever the same shall be referred to them, and shall report in writing, stating their reasons for or against the proposed alteration. SECT. 3. Whenever any proposition is submitted to this Committee on Accounts. Board, involving the payment of money for any other purpose than the payment of salaries, or the establishment of a new school, such proposition shall not be acted upon before it has been referred to the Committee on Accounts. Said Committee shall have power to authorize the purchase of all stationery, record books, and blanks for the use of the schools, and a further supply, when called for, of any apparatus, globes, maps, or books of reference, or other conveniences, which this Board may have authorized the use of as means of illustrating the studies of the school. No SubzCommittee, nor any other persons connected with this Board, shall expend any money for these supplies, without authority from this Committee, and no bills for such expenditures shall be paid without the signature of the, Chairman of this Committee in approval. Said Committee are authorized, on behalf of tnis Board, to carry out the provisions of the statute of the Commonwealth for furnishing books to indigent children and others, and to present an estimate of 1 08 SCHOOLS. the expenses of the Public Schools to the City Auditor on or before the first daly of February annually.' Mover of a mo- SECT. 4. Whenever a motion, order, or resolution shall b-e tion, &c., to be notified of the referred to a Committee, the Chairman of the Committee shall time of its consideration. cause the member offering the motion, order, or resolution, to be notified by the Secretary of the Board, or otherwise, of the time when the subject will be considered. Committee on SECT. 5. Whenever any application shall be made for the Schoolhouses. erection or alteration of a schoolhouse, such application shall be referred to the Committee on Schoolhouses, who shall consider the same, and shall consult with the District Committee who may have charge of the school or schools to be accommodated, and shall report to this Board, in writing, such recommendations in each case as they may deem expedient. It shall also be the duty of the Committee on Schoolhouses to exercise a general ventilation of supervision over the warminin and ventilation of the several schoolhouses. schoolhouses fhroughout the year. Committee on SECT. 6. Whenever any prbposition is submitted to this Salaries. Board to extend the salary of any teacher beyond the time of actual service, or to change the regular salary of a teacher in any respect, or to pay for any extra service in teaching, such proposition shall not be acted upon before it has been referred to the Comnmittee on Salaries, who shall report, in writing, such recommendations as they may deem expedient. Committee on Text-Books. SECT. 7. The Committee on Text-Books, when they think favorably of any application made by any author or publisher to introduce any new text-book into the Public Schools, shall give early notice thereof to the Board, and see that such author or publisher furnish every member of the Board with a copy of such text-book for examination, as a condition of its being presented to them for acceptance; and said Committee shall fully consider such application, examine thoroughly such text-book, The School Committee shall present to the Auditor, on or before the first day of February in each year, an estimate, in writing, of the expenses of the public schools for the next financial year, stating the amount required for salaries, for incidental expenses, and for the alteration, repair, and erection of schoolhouses. [City Ordinance, December 18, 1855, sect. 2.] SCHOOLS. 109 and at such time as they may be prepared, within three months from the date of the application, they shall make a written report to the Board, setting forth the reasons for or against the introduction of said text-book into the Public Schools. In the month of May, annually, this Committee shall examine the course of studies prescribed for the schools, and shall recommend to the Board, at the quarterly meeting in June, such improvements in the course of instruction, and such changes in the books used in the schools, as they may deem expedient. SECT. 8. Whenever any new text-book is adopted by the Introduction of Board, it shall be on the condition that the publisher will furnish copies to the pupils of the Public Schools at such reduction from the wholesale price as shall be agreed upon by this Board; and it shall be the duty of the Committee on Text-Books to see that this condition is fulfilled, and that said book comes into use at the commencement of the Public Schools after the Aug(rust vacation, at which time only shall any new text-book be introduced. SECT. 9. The Committee on Music shall exercise a general committee on Music. supervision over this department of Public Instruction in all the schools. They shall appoint, and nominate to the Board for confirmation, suitably qualified persons as Teachers of Music;' 1 Ordered: That, in addition to the teachers of music in the Grammar Schools, the Committee on Music be authorized to nominate to this Board for confirmation, a suitably qualified person as instructor in Music in the Primary Schools, with a salary not exceeding twelve hundred dollars per annum. (Passed June 21, 1864.) At a meeting of the School Committee, Dec. 27, 1864, the following orders were passed: - Ordered: That a Standing Committee of five on Gymnastics and Military Drill be hereafter appointed, whose duty it shall be to enforce the regulations upon this subject, and superintend this branch of instruction, making from time to time such recommendations to the General committee as they shall find expedient. Ordered: That said Committee be authorized forthwith to employ an Instructor in vocal and physical gymnastics, at a salary not exceeding fifteen hundred dollars per annum, whose duty it shall be to attend the schools at such times and for so much of the time as the Committee shall deem necessary, 110 SCHOOLS. they shall make examinations of each Grammar School in music, at least once in six months, and submit a written report thereupon semi-annually at the quarterly meeting in March and in September. Committee on SECT. 10. L he Committee on Printing shall exercise a genPrinting. eral supervision in relation to all printing which may be required by the Board, or for any of the Schools under its charge; and no bill for printing, of any kind, shall be paid without the signature of the Chairman of this Committee, in approval. Said Committee shall submit to this Board, at the quarterly meeting in March, a detailed account of all expenditures for printing during the year preceding. Committees on SECT. 11. The Committees on the Latin School, the EngHigh Schools. lish ighll School, and the Girls' High and Normal School in all matters relating to said schools and the appointment of teachers therein, shall respectively observe the same rules, and perform the same duties, so far applicable, as are hereinafter prescribed for the several District Committees in relation to the Grammar Schools under their charge; and at meetings for the transaction of business, five members shall constitute a quorum. Organization of SECT. 12. The member first named on each District ComDistrict Committees. mittee shall call a meeting of said Committee within ten days after its appointment. It shall organize by the choice, upon consultation with him and the District Committees, for the purpose of instructing in gymnastic exercises, both vocal and physical, and of securing the careful and regular performance of those exercises at such hours as may be convenient, provided that not less than twenty minutes per day shall be devoted to this purpose in any grammar school, and not less than thirty minutes in any primary school, in addition to the ordinary recess. Ordered: That the said Committee, upon consultation with the District Committees, be also authorized to arrange the Grammar Schools containing male pupils into groups, so that the boys of sufficient size to drill with arms, and in number sufficient to form a military company, may be instructed together in military drill, by a suitable instructor, to be employed by the Committee; that these companies be united into a larger organization. as the Committee shall find expedient; and that suitable places and arms be provided by the Committee; the hours of drill not to exceed two per week, except voluntary drills out of school hours; and no expenditure, exceeding fifteen hundred dollars per annum, to be incurred for these purposes without the prior authority of the whole Board. SCHOOLS. 111 from among its own members, of a Chairman and Secretary, notice of whose election shall be immediately sent to the Secretary of the School Board. It shall keep a record of its proceedings, and all its official acts shall be done in meetings duly culled, at not less than twenty-four hours' notice, and, when reported to the Board, shall be submitted in writing. SECT. 13. Each District Committee shall have charge of Duties of District Committhe Grammar Schools and the Primary Schools in the District, tees. and may arrange the studies and classify the pupils in the latter Classifications of pupils. in such a manner as they may consider most advantageous to the schools. Within ten days after its appointment, each District Committee shall divide itself into a suitable number of SubCommittees, for the Primary Schools in its District. Said Committee shall then divide the Primary Schools in the District into as many divisions as there may be Sub-Committees, and shall assign each division to a Sub-Committee, who shall have the special charge of the schools in such division; shall visit each Care of Pri< mary Schools. of them as often as once in each month; shall examine them quarterly; and shall report, in writing, their standing and progress, to the Chairman of the District Committee, at least one week previous' to each quarterly meeting of the Board. Each Sub-Committee shall refer all matters of importance pertaining to the schools under its care, to the District Committee, for consideration and action. SECT. 14. Whenever any District Committee shall deem an AdditionalPrlmary Schools. additional Primary School necessary for the proper accommodation of the children under their care, they shall state the facts in the case to the Board, in writing, which communication shall be referred to the Committee on Schoolhouses, who shall consider and report on the same before the Board shall take final action on the subject. SECT. 15. The District Committee shall examine the Gram- Quarterly cxaminations. mar Schools in their respective Districts at least once in each quarter; and shall visit them not less than once each month, without giving previous notice to the instructors; and shall, at each quarterly meeting of the Board, make a report in writing, giving the results of their examinations and visits, together with 112 SCHOOLS. the results of the examination by the Sub-Committees of the several Primary Schools under their charge; also stating any occurrences affecting, the standing and usefulness of the schools, and mentioning the condition of the schoolhouses and yards and out-buildings connected therewith. They shall also state in their reports whether the rule relating to the infliction of corporal punishment has been complied with; and the names of all children admitted to the schools under their charge who do not reside in the city, and the reasons for their admission. Quarterly re- SECT. 16. At each quarterly meeting, the Chairman of ports. each District Committee, or any member thereof who may be present, shall be called upon for a report on the condition of the schools in the District; and in case of omission to make it, the Board shall pass a vote, enjoining the delinquent Committee to proceed without delay to the performance of their duty, and shall adjourn to receive their report. Medals and SECT. 17. The District Committee shall determine on the certificates. scholars who are to receive the medals and certificates of merit in their respective schools, and return the. names to the Secretary, at least four days previous to the annual exhibition. It shall also be their duty, on the day of exhibition, to present the medals and certificates to the pupils to whom they have been awarded. The number of medals and certificates of merit to be awarded in each school, shall be based upon the average number of pupils belonging to the school during the school year. Each school shall be entitled to one medal, and one of each of the certificates of merit, for every sixty scholars; and an additional medal may be awarded in any Grammar School in which a majority fraction occurs, if the District Committee deem it expedient. But, in any school where the number of scholars in the first class is comparatively small, the number of medals awarded shall be proportionably less; and it shall never exceed one third of the number of candidates examined, nor shall any pupil be promoted for the purpose of increasing the number of candidates. In any school where there are no scholars much advanced in improvement, no medal shall be awarded. General scholarship, and more especially good conduct, shall be taken SCHOOLS. 113 into consideration in awarding the medals and certificates; and in order that a just assignment may be made, the District Committee shall critically examine the candidates, and inspect the school records of their standing. SECT. 18. No pupil shall be admitted to or retained in any Pupils toattend school in secschool, except that for the Section in which such pupil resides, tion where they without the written consent of the District Committee, both of the school to which the pupil belongs, and of that where he seeks to be admitted or retained. SECT. 19. Instruction shall be given in Sewing to all the Teacher of ~b ~ ~ Z: Sewing. pupils in the fourth class in each of the Grammar Schools for girls, except whenever in the judgment of the District Committee it will be for the interest of the school to omit such instruction, in which case the District Committee shall apply to this Board for authority to suspend the action of this rule in that school. The District Committee of each school in which such instruction shall be given shall nominate to this Board, for confirmation, some qualified person as Teacher of Sewing, who shall give to each pupil two lessons of not less than one hour each, every week. SECT. 20. WThenever any new teacher, except a master, is, Examination of in the opinion of the District Committee, needed for any school under their charge, said Committee shall, before making any appointment, examine the candidates in the manner required by law, and with special reference to the place which is then to be filled; and also as to their competency to teach the elements of articulation, of music and drawing; and in regard to teachers in the Grammar Schools, they shall consult with the master in Teachers adwhose school such teacher is to be appointed.' And the same vancedto course shall be pursued in all cases where it is proposed to trans- to be examined.'The School Committee, unless the town at its annual meeting determines that the duty may be performed by the Prudential Committee, shall select and contract with the teachers of the public schools; shall require full and satisfactory evidence of the good moral character of all instructors who may be employed; and shall ascertain, by personal examination, their qualifications for teaching and capacity for the government of schools. (Gen. Stat. Ch. 38, ~ 23.) 15 114 SCHOOLS. fer or to advance a teacher from one grade of school to another. Teachers so appointed shall be nominated by the District Committees, to this Board, for confirmation, and they shall be considered entitled to the established salary from the time of their entering upon their duties. It shall be the duty of the Secretary to give immediate information of such appointment to Reappointed the City Auditor. Reappointed incumbents in the service of this teachers to be considered as Board shall rank as new teachers, and begin with the salary of new teachers. such teachers. Names of well SECT. 21. WVhen, at any examination for assistant teachers, qualified candidatesat exam- a larger number of candidates are found qualified than is reinations to be preserved. quired to fill the existing vacancies, it shall be the duty of the Secretary of the District Committee making the examination, to keep a record of the names of such well-qualified candidates as the said Committee may direct, and to deposit such record with the Superintendent of Public Schools. This record shall give the names and addresses of the said candidates, and such information in regard to their qualifications, whether for Grammar or Primary Schools, as the said Committee may direct. And any District Committee may elect Assistants for the Grammar Schools, or Primary School Teachers, from the candidates so recommended, with or without a new examination, at the option of said Committee. Canvassing the SECT. 22. In the month of May, annually, the Committee lists of teachers. on the Latin School, the English High School, the Girls' iigh and Normal School, and each District Committee, in a meeting regularly called, shall canvass the list of teachers in their District, and, after consultation with the master, they shall decide Nominationof upon the persons whom they will recommend for re-election, teachers for reelection. and said Committee shall, at the annual meeting in June for the election of teachers, nominate the persons thus approved, who shall be considered the regular candidates for their respective offices. And in case any Committee have decided not to nominate any teacher for re-election, they may, if a majority of said Committee deem it expedient, give notice of their intention, to said teacher, before the annual election. SCHOOLS. 115 SECT. 23. The District Committee shall give their advice to District Committees shall the instructors in any emergency; and take cognizance of any give advice to difficulty which may have occurred between the instructors and instrutcors, &c. parents of pupils, or between the instructors themselves, relative to the government or instruction of their schools. An appeal, however, to the whole Board, is not hereby denied to any citizen or instructor. In addition to the specific duties of the District Committees, it shall be their duty, generally, to District Committees may make any temporary arrangement which they may find necessary make tempofor their schools, or for the convenience of the instructors, pro- ary arrangevided that nothinog shall be done contrary to the School Refgulations. SECT. 24. Each District Committee may transfer their own Transfer of Primary Schools Primary School Teachers from one Primary School to another, and teachers. and may change the location of their Primary Schools from one schoolroom to another, as they may think proper; but notice of any such transfer or or change, and of the appointment of any new Primary School Teacher, shall, within one week after they are made, be sent to the Secretary of the Board, and the same Notice to be sent to Secreshall be mentioned in the next quarterly report of the District tary of the Committee; and any teacher, of any grade, actually in the em- Board. ploy of the city, may be transferred by this Board, without Transfer of Teachers by re-examination, to any vacant place of the same grade in the the Board. city. SECT. 25. The Committees on the Latin School, the Eng- Annual examilish High School, the Girls' High and Normal School, and each District Committee, shall, during the month of July, make a thorough examination of their respective schools, and shall report at the quarterly meeting in September, the results of their examinations, together with such suggestions for the improvement of the schools as they may see fit to offer, and the statistics of each school in a tabular form, on the following points, viz: 1. The number of teachers; 2. The chances of teachers made during the year; 3. The number of different scholars registered; 4. The number of these received from other Public Schools of the city; 5. The number discharged; 6. The largest number present at any one time; 7. The largest average 116 SCHOOLS. attendance for any one month, and the name of the month; 8. The average attendance for the year; 9. The number and names of the medal scholars, and the recipients of the Lawrence prizes; 10. The number and ages of the candidates offered and admitted at the High Schools, from each of the Grammar Schools. These reports shall be referred to a Special Committee of the Board, who shall make from them such selections as they may think important for public information, and shall add thereto such suggestions and remarks as they shall deem expediAnnual reports. ent; and their report, which shall be presented at the quarterly meeting in December, when accepted by the Board, shall be printed for distribution among the citizens. Chapter 5. - Election of Instructors of Public Schools. School year. SECTION 1. The school year shall commence on the first Monday in September, and end on the day immediately preceding the first Monday in September. Annual election SECT. 2. In the month of June, annually, the Board shall elect the instructors of the Public Schools, and fix their salaries' for the ensuing year. Said instructors shall rank as The salaries of the instructors in the various schools have been established as follows, for the present school year, viz:The salary of the Masters of the Latin, the English High, and the Girls' High and Normal Schools, is $ 2,600 for the first year's service, with an increase of $ 100 for each additional year's service till the salary amounts to $ 3,000 per annum. The salary of the Sub-Masters of the Latin and English High Schools, and of the Masters of the Grammar Schools is $ 1,800 for the first year, with an annual increase of $ 100 till it amounts to $ 2,200. The salary of the Ushers of the Latin and English High Schools, and of the Sub-Masters of the Grammar Schools, is $ 1,400 for the first year, with an annual increase of $ 100 till it amounts to $ 1,800. The salary of the Ushers of the Grammar Schools is $ 1,000 for the first year, with an annual increase of $ 100, till it am )unts to 1,200. The salary of the Head Assistant of the Girls' High and Normal School is $ 700 per annum, and the salary of the other Assistants in this School is $ 600 per annum. The salary of the Teacher of the Normal Department of the Girls' High and Normal School is $ 800 per annum. SCHOOLS. 117 follows: 1st, Masters; 2d, Sub-Masters; 3d, Ushers; 4th, Head Assistants; 5th, Assistants; 6th, Primary School Teachers; 7th, Music Teachers; 8th, Sewingr Teachers, SECT. 3. The Masters of the several schools having been Mode of choosing instructors. duly nominated by their respective District Committees, shall be elected by ballot, and thirty votes at least shall in all cases be necessary to a choice, and the other instructors shall be elected by confirmation on nomination of their respective Committees; but no teacher, except a Master, shall be elected by this Board, without having served on trial at least three months in the Boston schools. The salary of the Head Assistants in the Grammar Schools is $600 per annum; and the salary of the other Assistants in the Grammar Schools, and of the Teachers of the Primary Schools, is $ 400 for the first year, with an annual increase of $ 50 till it amounts to $ 550 per annum. The salary of the Music Teachers in the Grammar Schools is $ 125 per annum for each school. The salary of the Instructor in Vocal and Physical Gymnastics in the Grammar Schools is $ 1,500 per annum. The salary of the Teacher of Music in the Primary Schools is $ 1,200 per annum. The salaries of the Sewing Teachers are as follows, - and the teachers shall severally devote to instructing their pupils the time designated herein: - The Sewing Teachers of the Adams, Lyman, and Wells Schools shall teach sewing ten hours each week, and shall severally receive $ 225 per annum. The Sewing Teachers of the Franklin, Lawrence, Lincoln, Bigelow, and Chapman Schools shall teach sewing twelve hours each week, and shall severally receive $ 260 per annum. The Sewing Teachers of the Hancock and Everett Schools shall teach sewing sixteen hours each week, and shall each receive $ 300 per annum. The Sewing Teacher of the Winthrop School shall teach sewing twenty hours each week, and shall each receive $ 400 per annum. The Sewing Teacher of the Bowditch School shall teach sewing twentythree hours each week, and shall receive $ 450 per annum. The salary of the Teacher of French in the Latin School is $ 500 per annum. The salary of the Teacher of French in the Girls High and Normal School is $ 500 per annum. The salary of the Teacher of German in the Girls' High and Normal School is $500 per annum. The salary of the Teacher of Drawing in the Girls' High and Normal School is $ 900 per annum. The salary of the Teacher of Drawing in the Englifh High School is $ 500 per annum. The salary of the Teacher of Vocal Music in the Girls' High and Normal School is $ 450 per annum. 118 SCHOOLS. Electionof a SECT. 4. Whenever a new Master is to be elected for any new master. of the Public Schools, the Secretary shall give notice thereof in such newspapers, and for such length of time, as the Board may direct, specifying in such notice that all applications for the office must be made in writing, and lodged with the Secretary, together with any written evidence of qualifications which the candidate may wish to present, on or before a day named in such notice. Same. SECT. 5. In case the vacancy to be filled is in the Latin School, the English High School, or the Girls' Hioh and Normal School, the Committees of those schools shall together constitute a committee for the examination of candidates. But in case of a vacancy in any of the Grammar Schools, the Examining Committee shall be composed of the District Committee of the school in which the vacancy exists, and of the members for the two wards numerically nearest to the ward in which said school is situated; and one third of the members of either of these committees shall constitute a quorum for doing business. Same. SECT. 6. The Examining Committee shall take from the Secretary's files all the applications and written evidence, and shall have personal interviews with the applicants, and make inquiries as to their qualifications, and, at a meeting appointed for the purpose, shall carefully examine the candidates in the manner required by law,' and always with reference to the office that is then to be filled. And none but said Committee, the members of this Board, the Superintendent of Public Schools, and the candidates under examination, shall be present. Examining SECT. 7. The Examining Committee shall report to the Committee's report. Board, at some subsequent meeting, the names of all the applicants who have been examined by them, together with such other facts and circumstances respecting the candidates, their recommendations and qualifications, as they may deem necessary for the information of the Board. They shall also designate in their report the names of two or more of the candidates whose 1 See page 113. SCHOOLS. 119 examinations were most satisfactory, with the opinions of the Examining Committee on their qualifications severally, and the Board shall then proceed to a choice by ballot. SECT. 8. The instructors elected at the annual meeting shall Instructors to 0 hold their ofhold their offices for one school year, unless sooner removed by fices for one vote of the Board. year. Chapter 6. - Duties of the Secretary. SECTION 1. The Secretary shall have charge of the Records Records and files. of the Board, and of all papers directed by the Board to be kept on its files; he shall keep a permanent record-book, in which all its votes, orders, and proceedings shall by him be recorded. SECT. 2. He shall notify all stated and special meetings; Notices to be given. he shall notify the Chairman of every Committee appointed, stating the commission, and the names of the members associated with him; he shall notify the meetings of all Sub-Committees, when requested by the Chairman or by any two members thereof; he shall notify the instructors of their appointments, and shall give such other notices as the Board may require. SECT. 3. He shall prepare the Annual Report required by Report to Secretary of State. the statute of the Commonwealth, and he shall transmit the same, legally signed, to the Secretary of State, on or before the thirtieth day of April.' SECT. 4. He shall transmit copies of all votes, resolutions, Votes to be transmitted. and documents which are to be sent to the members of the Board, to the various Committees, to the Teachers, or to other persons. SECT. 5. He shall see that the Medals and Diplomas Medalstobe provided. awarded to the successful candidates in the Public Schools are procured, properly inscribed, and sent to the appropriate schools at least one day preceding the Annual Exhibitions. SECT. 6. He shall examine all bills for salaries, and the Examination of bills. bills for all articles purchased by order of the Board, or by the See General Statutes, chapter 40. 120 SCHOOLS. Committee on Accounts, and shall perform such other duties as the School Committee shall prescribe, or from time to time direct. Chapter 7. - Duties of the Superintendent. Election. SECTION 1. The Superintendent of Public Schools shall be elected annually, by ballot, at the quarterly meeting of the Board in June, to enter upon the duties of his office on the first day of Salary. September next ensuing. At the same meeting the salary of the Superintendent shall be voted, and no alteration in the amount of said salary shall be made during the year for which he is elected. General duties. SECT. 2. He shall devote himself to the study of the Public School System, and keep himself acquainted with the progress of instruction and discipline in other places, in order to suggest appropriate means for the advancement of the Public Schools in this city, and see that the regulations of the Board in regard to these schools are carried into full effect. Visiting SECT. 3. HIe shall visit each school as often as his other schools. duties will permit, that he may obtain, as far as practicable, a personal knowledge of the condition of all the schools and be able to suggest improvements and remedy defects in their management. Shall advise the teachers on the best methods of instruction and discipline, and, to illustrate these methods in Meetings of respect to Primary Schools, he shall hold occasional meetings of Primary School teachers. the teachers of the schools, and have authority, for this purpose, to dismiss the Primary Schools at such times as he shall deem advisable, not exceeding one half day in each quarter. He has Meetings of authority, also, to dismiss the Grammar Schools, not exceeding Grammar School teach- one half day in each half year, for the purpose of holding meeters. ings of the teachers of these schools. State Scholar- SECT. 4. WThenever vacancies occur in the State scholarships. ships to which this city is entitled, it shall be his duty to give public notice thereof, and he shall be authorized, in conjunction with the chairman of each of the High School Committees, to examine candidates for said vacancies, and report to this Board SCHOOLS. 121 the names of those to be recommended, according to law,' to the Board of Education. He shall make investigations as to the number and the condition of the children of the city who are not receiving the benefits offered by the Public Schools, and Absentees from school. shall endeavor to ascertain the reasons, and to suggest and apply the remedies. SECT. 5. He shall render such aid and communicate such Assistance to committees. information to the various Committees as they may require of him, and shall assist them, when desired, in the quarterly examinations. He shall see that all school registers, books of records, circulars, blanks for monthly reports of teachers, and annual reports of District Committees are prepared after uniform patterns, and ready to be furnished when needed. SECT. 6. He shall consult with the different bodies who Building and altering of have control of the building and altering of schoolhouses, and Schoolhouses. shall communicate to them such information on the subject as he may possess; and he shall suggest such plans for building and altering schoolhouses as he may consider best for the health School expenses. and convenience of the teachers and pupils, and most economnical for the city; and he shall advise with those through whom, either directly or indirectly, the school appropriations are expended, that there may result more uniformity in their plans and more economy in their expenditures. SECT. 7. It shall be his duty to attend the meetings of the Board, except when the subject of his own election is under consideration, and, when called upon through the President, to express his opinion on any subject under discussion, or to communicate such information as may be in his power. At the Attend meetings of Board. quarterly meetings in TMarch and September, lie shall present to the Board a semi-annual Report, in print, giving an account of the schools he has visited, and of the other duties he has performed, together with such facts and suggestions relating to the condition of the schools, and the increase of their efficiency and usefulness, as he may deem advisable. He shall also em- Semi-annual report. brace in his Report an abstract of the semi-annual returns of the General Statutes chapter 37, ~ 3. 16 122 SCHOOLS. Public Schools, and a schedule showing the number of teachers then employed in the schools; and these reports shall be referred to the Special Committee on the Annual Report of the School Board. names of appli SECT. 8. He shall keep a record of the names, ages, and cants. residences of persons who may desire to be considered as candidates for the office of Assistant or Primary School Teacher, with such remarks and suggestions respecting them as he may deem important for the information of Committees; which record shall be at all times open to the inspection of any member of this Board. And he shall perform such other duties as the School Committee shall prescribe, or from time to time direct. Chapter 8. - General Regulations of the Public Schools. Teachers to ob- SECTION. 1. All teachers in the Public Schools are required serve the school regulations. to make themselves familiar with these Regulations, and especially with the portion that relates to their own duties, and to the instruction and discipline of their respective schools, and to see that these are faithfully bbserved. General duties SECT. 2. The instructors shall punctually observe the hours of teachers. appointed for opening and dismissing the schools; and, during school hours, shall faithfully devote themselves to the public service. In all their intercourse with their scholars they shall strive to impress on their minds,' both by precept and example, the great importance of continued efforts for improvement in morals, in manners and deportment, as well as in useful learning. School hours. SECT. 3. From the first Monday in May to the first Monday in September, the Grammar and Primary Schools shall commence their morning sessions at 8 o'clock, and close at 11 o'clock; and shall begin their afternoon sessions at 2 o'clock, and close at 5 o'clock. From the first Monday in September to the first Monday in lMay, they shall commence their morning sessions at 9 o'clock, and close at 12 o'clock; and shall begin their afternoon sessions at 2 o'clock, and shall close at 5 o'clock, except that from the third MIonday in October to the first Monday in March, they may omit the afternoon recess and close at SCHOOLS. 123 4 o'clock. Provided, that nothing in this section shall be so construed as to prevent the teacher from the judicious exercise of the right to detain a pupil for a reasonable time after the regular hour for dismissing school, either for purposes of discipline, or to make up neglected lessons. SECT. 4. All the schoolrooms shall be opened, and the Teachers and pupils to be at teachers be present, both morning and afternoon, fifteen minutes school early. before the time fixed for the session to begin. The teachers shall require the scholars to be in their seats, and shall commence and close the exercises of the schools, punctually at the prescribed hours. SECT. 5. The morningo exercises of all the schools shall Opening the In'~~~~~~~~~ ~schools. commence with the reading of a portion of the Scriptures, by the teacher, in each school; the reading to be followed by the Lord's Prayer, repeated by the teacher alone. The afternoon session shall close with appropriate singing. SECT. 6. Good morals being of the first importance to the Moralinstruction. pupils, and essential to their highest progress in useful knowledge, instruction therein shall be daily given in each of the schools.' The pupils shall be carefully instructed to avoid idleness and profanity, falsehood and deceit, and every wicked and disgraceful practice, and to conduct themselves in an orderly and proper manner; and it shall be the duty of the instructors, so far as practicable, to exercise a general inspection over them in these regards, both in and out of school, and also while go"It shall be the duty of the president, professors, and tutors of the University at Cambridge, and of the several colleges, and of all preceptors and teachers of academies, and all other instructors of youth, to exert their best endeavors to impress on the minds of children and youth committed to their care and instruction, the principles of piety, justice, and a sacred regard to truth, love to their country, humanity and universal benevolence, sobriety, industry and frugality, chastity, moderation, and temperance, and those other virtues which are the ornament of human society, and the basis upon which a republican constitution is founded; and it shall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above-mentioned virtues to preserve and perfect a republican constitution, and secure the blessings of liberty, as well as to promote their future happiness and also to point out to them the evil tendency of the opposite vices." (Gen. Stat. chap. 38, ~ 10.) 124 SCHOOLS. ing to the same and returning home; and on all suitable occasions to inculcate upon them the principles of truth and virtue. Schoolregister SECT. 7. The principal teacher in every school shall keep and records. a register, in which shall be recorded the names, ages, dates of admission, and places of residence of the scholars. In addition to this register, other records shall be kept, in which shall be entered the daily absence of the scholars, and such notes of their class-exercises as may exhibit a view of their advancement and standing. Blanks for SECT. 8. All school registers and other books for records, schools.' as well as all blanks for monthly reports, and circulars required in the several schools, shall be after uniform patterns, to be determined by the Superintendent of Public Schools, to whom all teachers are expected to apply whenever such articles are needed by them. Masters to ex- SECT. 9. Each master shall make a careful examination of amine their schools. his school as often as he can consistently with proper attention to the pupils under his immediate charge. Semi-annual SECT. 10. During the week preceding the quarterly meetreturns. ing in March and in September, the principal teacher in each school shall make to the Superintendent of Public Schools semiannual returns of the number of pupils belonging to the school, conformably to the blanks furnished for this purpose. They shall also include in their reports the names of those pupils belonging to their respective schools whose parents or guardians do not reside in the city, with the dates of their respective admissions. Noticestobe SECT. 11. Each master shall, within one week after the given to the Secretary. appointment of a teacher, send to the secretary of this Board the full name of such teacher, with the precise date of his or her commencing service in his school; and if the person appointed has previously been in the service of the city as a teacher, he shall state where, when, and how long such service was rendered. In like manner he shall give notice when any teacher shall have relinquished service in his school. Teachers visit- SECT. 12. The instructors may, for the purpose of observing schools. ing the modes of discipline, and instruction, visit any of the SCHOOLS. 125 Public Schools in the city; but such visits shall not be made oftener than once a quarter, nor till provisions satisfactory to the Chairman of the District Committee or of the Sub-Committee has been made for the proper care of the pupils under their immediate charge. SECT. 13. All instructors shall aim at such discipline inCorporalpunishment. their schools as would be exercised by a kind, judicious parent in his family; shall avoid corporal punishment in all cases where good order can be preserved by milder measures; and in no case shall resort be had to confinement in a closet or wardrobe, or to other cruel or unusual punishment, as a mode of discipline. It shall be the duty of the several masters and teachers in the public schools, at the close of each month, to make, in writing, to the Chairmen of their District Committees, a report of all cases in which corporal punishment has been inflicted; which report shall state the name of the pupil, the amount of punishment, and the reason for its infliction; and the Chairman of each District Committee shall, in his quarterly report, give the number of cases of corporal punishment during the previous quarter, and the average to each teacher of the District. Corporal punishment shall be inflicted only after the nature of the offence has been fully explained to the scholar, and shall be restricted to blows on the hand with a rattan, except in cases where a pupil refuses to submit to such punishment. Corporal punishment shall not be inflicted on a girl in a grammar school without the consent and approval of the master, which, in each individual case, must first be obtained. SECT. 14. For violent or pointed opposition to authority in Exclusion of a any particular instance, a principal teacher may exclude a child from school for the time being; and thereupon shall inform the parent or guardian of the measure, and shall apply to the District Committee for advice and direction. Whenever any scholar is absent from school, the teacher shall immediately ascertain the reason and, if such absence be not occasioned by sickness or other sufficient cause, or is not satisfactorily explained, such pupil, with the consent of the Sub-Committee, may be suspend 126 SCHOOLS. ed or discharged from the school, and a record of such proceeding shall be made. Suspension and SECT. 15. When the example of any pupil in school is very restoration of pupils. injurious, and in all cases where reformation appears hopeless, it shall be the duty of the principal teacher, with the approbation of the Committee on the Schools, to suspend such pupil from the school. But any child under this public censure, who shall have expressed to the teacher his regret for his folly or indiscretion, as openly and explicitly as the nature of the case may require, and shall have given evidence of amendment, shall, with the previous consent of said Committee, be reinstated in the privileges of the school. Absence of SECT. 16. Whenever a teacher has satisfactory evidence pupils, that a pupil has left school without the intention of returning, such pupil's name shall forthwith be stricken from the list; but any absence recorded against the name of the pupil before the teacher receives this notice shall be allowed to remain, and be regarded the same as any other absences. When a pupil is absent from school more than five consecutive school days, the name of such pupil shall be stricken from the list at the end of the five days; and the absences shall in all cases be recorded while the name remains on the list. The name of a pupil who is suspended from school by any rules of the School Board, shall be stricken from the list, and any pupil shall be considered as absent whose attendance at school shall not continue for at least one half of the regular school session of the half day. In noting the absences of pupils, the short vacations shall be disregarded, and pupils who are not present on the first half day of a term after either of those vacations, shall be marked as absent. Instructors, in SECT. 17. In cases of difficulty in the discharge of their cases of difficulty, to apply official duties, or when they may desire any temporary aid, the Committees, instructors shall apply to the District Committees of their respective schools for advice and assistance. Absentees must SECT. 18. Whenever any instructor shall be absent from pay their substitutes, school, and a temporary instructor rendered necessary, the amount required to pay said substitute shall be withdrawn from SCHOOLS. 127 the salary of the absentee; unless upon a representation of the case, by petition, and a report on said petition from the Standing Committee on Salaries, the Board shall order an allowance to be made. And no substitute shall be employed in any of the Primary Schools for more than one day at a time, without the approbation of one or more of the Sub-Committee of the school; nor in any department of the Grammar Schools without the approbation of two or more of the District Committee, the Chairman being one of them. The compensation per day allowed for substitutes in the Primary Schools, and for Assistants in the Grammar Schools, shall be $ 1.25; for Assistants in the Girls' High and Normal School, $ 1.50; for Ushers in the Grammar Schools, $ 2.75; for Sub-Masters in those schools, and for Ushers in the Latin and English High Schools, $ 3.75; for Sub-Masters in the Latin and English High Schools, and for Masters in the Grammar Schools, $ 5.00; for Masters in the Latin, English High, and Girls' High and Normal Schools, $ 6.00; for each day, counting six school days in the week, during which such substitute shall be employed. The compensation of temporary teachers shall be the same as that of substitutes. SECT. 19. It shall be.the duty of all the instructors, to give Temperature and ventilation. vigilant attention to the ventilation and temperature of their schoolrooms. A regular system of ventilation shall be practised, as well in winter as in summer, by which the air in the rooms shall be effectually changed at each recess, and at the end of each school session before the house shall be closed. SECT. 20. The Masters of the Grammar School shall ex- Examination of cellars and unamine, or cause some competent person connected with each occupied rooms in season of school to examine, during the season of fires, the cellars and fires. unoccupied rooms in their respective buildings; such examinations to be made during the first and every succeeding hour of the forenoon and afternoon sessions, and the result made known to the master of the school. SECT. 21. There shall be a recess of fifteen minutes for Recesses. every pupil each half day, including the time occupied in going 128 sCHOOLS. out and coming in, which shall take place as nearly as may be at the expiration of one half of each school session. Physical exer- SECT. 22. The masters, ushers, and teachers, in the Public cise in schools. Schools shall so arrange the daily course of exercise in their respective classes that every scholar shall have daily, in the forenoon and afternoon, some kind of physical or gymnastic exercise; this exercise to take place as nearly as practicable midway between the commencement of the session and recess, and between recess and the end of the session. Care of school SECT. 23. The principal teachers of the several schools shall premises. prescribe such rules for the use of the yards and out-buildings connected with the schoolhouses as shall insure their being kept in a neat and proper condition, and shall examine them as often as may be necessary for such purpose, and they shall be held responsible for any want of neatness or cleanliness on their premises; and when anything is out of order they must give immediate notice thereof to the Superintendent of Public Buildingcrs. Things not SECT. 24. No instructor in the Public Schools shall be alallowed. lowed to teach in any other public school than that to which he or she has been appointed, nor to keep a private school of any description whatever, nor to attend to the instruction of any private pupils before six o'clock, P. Lr., except on Wednesday and Saturday afternoons, nor to engage as editor of any newspaper, or of any religious or political periodical. Same. SECT. 25. The instructors shall not award medals or other prizes to the pupils under their charge; nor shall instructors become the recipients during term-time, and only from a gradPresents. uating class at any other time, of any present of money, or Subscription or other property, from the pupils. No subscription or contribucontribution. tion, for any purpose whatever, shall be introduced into any public school. No advertise- SECT. 26. No person whatever shall read to the pupils of ment to be read to thepupils. any school, or post upon the walls of any school building, or fences of the same, any advertisement. Nor shall any agent No agent to ex- or other person be permitted to enter any school for the purpose hibit articles in school. of exhibiting, either to teacher or pupils, any new book or article of apparatus. SCHOOLS. 129 SECT. 27. The books used and the studies pursued in all the Authorized books and Public Schools shall be such, and such only, as may be author- studies. ized by the Board; and the teachers shall not permit any books, tracts, or other publications to be distributed in their schools. SECT. 28. No pupils shall be allowed to retain their con- Pupilmust have the books nection with any of the Public Schools unless they are furnished and utensils with the books and utensils regularly required to be used in the eqire respective classes. SECT. 29. In cases where children are in danger of beinc Books, &c., for Z' z indigent childeprived of the advantages of education, by reason of inability dren. to obtain books, through the poverty or negligence of parents or guardians, the Committee on Accounts are authorized, on behalf of the School Committee, to carry out the provisions of the Statute on this subject.' During the first week in April, annually, the principal teacher in each Grammar School, and the teacher of each Primary School, shall make to the Secretary of the Board, a return of the names of all scholars supplied with books at the expense of the city, the names of the books so furnished, together with the names of the parents, guardians, or masters of said pupils; and suitable blanks shall be provided for this purpose by the Secretary. SECT. 30. All children living within the limits of the city, Children enn titled to attend who are not otherwise disqualified, and who tire upwards of five the public years of age, shall be entitled to attend the public schools of " If any scholar is not furnished by his parent, master, or guardian, with the requisite books, he shall be supplied therewith by the School Committee at the expense of the town. " The School Committee shall give notice, in writing, to the assessors of the town, of the names of the scholars supplied with books under the provisions of the preceding section, of the books so furnished, the prices thereof, and the names of the parents, masters, or guardians, who ought to have supplied the same. The assessors shall add the price of the books to the next annual tax of such parents, masters, or guardians; and the amount so added shall be levied, collected, and paid into the town treasury, in the same manner as the town taxes. " If the assessors are of opinion that any parent, master, or guardian, is unable to pay the whole expense of the books so supplied on his account, they shall omit to add the price of such books, or shall only add a part thereof to his annual tax, according to their opinion of his ability to pay." [Gen. Stat. chap. 38, ~~ 30, 31, 32. 17 130 SCHOOLS. the city; but no child whose residence is not in the city, or who has only a temporary residence in it for the purpose of attending the Public Schools, shall be received or retained in any school, except upon the consent previously obtained of the District Committee; and said District Committee may, in accordance with the provisions of the General Statutes, require the parent or guardian of such child, to pay a sum equal to the average cost per scholar of such school, for such period as said child may attend thereat.' Same. SECT. 31. No pupil shall be admitted to the privilege of one school who has been expelled from another, or while under suspension, unless by vote of the Board. Certificate of SECT. 32. No pupil shall be admitted into any of the Pubvaccination. lie Schools without a certificate from a physician that he or she has been vaccinated, or otherwise secured against the smallpox; but this certificate shall not be required of pupils who go from one public school to another. Cleanliness of SECT. 33. No child who comes to school without proper pupils required. attention having been given to the cleanliness of his person and of his dress, or whose clothes are not properly repaired, shall be permitted to remain in school, but shall be sent home to be prepared for school in a proper manner. Tardiness and SECT. 34. Tardiness shall be subject to such penalty as in absence of pupils. each case the teacher may think proper. No pupil shall be allowed to be absent any part of the regular school hours for the purpose of receiving instruction, or taking lessons of any kind, elsewhere. Pupils detained at home must, on returning 1 All children within the Commonwealth may attend the public schools in the place in which they have their legal residence, subject to the regulations prescribed by law." [Gen. Stat. chap. 41, ~ 3.] "With the consent of school committees first obtained, children between the ages of five and fifteen may attend schools in cities and towns other than those in which their parents or guardians reside; but whenever a child resides in a city or town different from that of the residence of the parent or guardian, for the sole purpose of attending school there, the parent or guardian of such child shall be liable to pay to such city or town, for tuition, a sum equal to the average expense per scholar for such school, for the period the child shall have so attended." [Gen. Stat. chap 41, ~ 7.] SCHOOLS. 131 to school, brinog an excuse for such detention; and every pupil, Dismission of wishing on any day to be dismissed before the close of the ses- the close of the n a ~~~~~~~~~~~~~~~~~~session. sion, must assign satisfactory reasons therefor and obtain the consent of the teacher. Teachers having charge of pupils who are habitually truant shall report their names and residences, Truancy. and the names of their parents or guardians, to the truant officers of the district. SECT. 35. There shall be an annual, exhibition of the Latin Annual exhi&~~~~~~ ~~bitions. School on the Saturday, and of the English High School on the Monday, preceding the third Wednesday in July; and on the Tuesday following said Wednesday there shall be an exhibition of the several Grammar Schools; at which exhibitions the medals and diplomas shall be conferred upon the pupils. Provided, however, that the District Committees on the several Grammar Schools for girls may, if they deem it advisable, direct that such exhibition shall be on the Monday, instead of on the Tuesday, following said Wednesday. The hours for the exhibitions of the several schools shall be arranged by the President of the Board. The Exhibitions of the Grammar Schools shall be conducted in such manner as shall best present the actual condition of each school in the prominent branches of study, and shall not exceed two hours in length. On the first five school days of the week previous to the Exhibition, the parents and friends of the children shall be invited to witness the usual exercises of the school, and on the last day of that week the several Grammar Schools shall be closed. And in the afternoon of the day of the Annual Exhibitions of the Grammar Schools, the Annual School Festival shall be held, to which members of the School School festival Committee, all the teachers in the public Schools, and the medal scholars of the current year shall be invited. SECT. 36. The following holidays and vacations shall be Holidays and vacations. granted to the schools, viz: every Wednesday and Saturday afternoon, throughout the year; Christmas day, New Year's day, the Twenty-second of February, Good Friday, Fast day, May day, Artillery Election, and the Fourth of July; Thanksgiving week; the week immediately preceding the first Monday in March; one week commencing on the Monday preceding the 132 SCHOOLS. last Wednesday in May; and the remainder of the school year following their respective exhibitions; and to the Girls' High and Normal School firom the Monday following the third Wednesday in July to the Saturday next preceding the second Monday in September. The Primary Schools shall be allowed the holidays aud vacations of the Grammar Schools, and also the day preceding and the day of the annual Exhibition of the Grammar Schools; and the President of the Board is authorized to suspend the schools on such public occasions as he may think proper, not exceeding three days in any one municipal year. In addition to these holidays the Latin and English High Schools shall be entitled to the two days of public exhibition at Harvard University. No other holidays shall be allowed except by special vote of the Board; and no school shall be suspended on any other occasion, except for special and impor-,tant reasons relating to a particular school, and then only by express permission of the Sub-Committee. Reading of SECT. 37. On the 21st of February, annually, the Masters Washington's Farewell Ad- of the High and Grammar School shall assemble their pupils, dress. each in the hall of his schoolhouse, and read to them, or cause to be read to them, by one or more of their own number, extracts from Washington's Farewell Address to t~e People of the United States, combining therewith other patriotic exercises. And the regular exercises of the session shall be suspended so far as is necessary to give opportunity to this reading. Chapter 9.- Regulations of the Primary Schools. Admission of SECTION. 1. Every teacher shall admit to her school all pupils to Primary Schools. applicants of suitable age and qualifications, residing nearest to the school under her charge, provided the number in her school will warrant the admission; and in all cases of doubt or difficulty in the discharge of this duty, she shall apply to her SubCommittee for advice and direction. Transfer of SECT. 2. When any child shall apply to be admitted from pupils. another Primary School, the teacher shall require a certificate of transfer from the teacher of the former school; which certificate shall serve instead of a Certificate of Vaccination. SCHOOLS. 133 SECT. 3. The regular promotion of scholars to the Gram- Promotion to Grammar mar Schools shall be made semi-annually, on the first Monday Schools. in March, and on the first Monday in September. But occasionally promotions may be made on Monday of any week, whenever the Sub-Committee of the Primary School and the Master of the Grammar School may deem it necessary. SECT. 4. One or more schools for the special instruction of Schools for special instrucchildren over seven years of age, and not qualified for the Gram- tion. mar School, may be established in each District. The course of study shall be the same as in the Primary Schools; and it shall be in the power of each District Committee to introduce Writing, and the elements of Written Arithmetic. Any scholar over eight years of age, and not in the first or second class, may be removed from any Primary School to a school for special instruction, at the discretion of the Sub-Committee. SECT. 5. The School on the Western Avenue shall be con- School on Western nected with the Phillips School District. Children over eight AWvesne years of age may be admitted into this school at the discretion of the Sub-Committee; and their studies shall conform to the regulations of the Grammar Schools. SECT. 6. The teachers shall attend to the physical educa- Proper care of the pupils in tion and comfort of the pupils under their care. When, from school. the state of the weather or other causes, the recesses in the open air shall be impracticable, the children may be exercised within the room, in accordance with the best judgment and ability of the teachers. In the schools which are kept in buildings occu- Recesses for pied by Grammar Schools, the recesses shall be arranged by Schools in the masters so as not to interfere with the exercises of those Grammar School buildschools. ings. SECT. 7. The schools shall contain, as nearly as practica- Numberof pupils to a ble, an equal number of pupils, the maximum number being school. fifty-six; and the pupils in each of the schools shall be arranged in six classes, unless otherwise ordered by the District Coin- Classes. mittee. SECT. 8. Plain sewing may be introduced into any Primary Sewing. School, at the discretion of the Sub-Committee, and singing shall form part of the opening and closing exercises of every 134 SCHOOLS. singing. session; and such time be devoted to instruction in Music in each school as the Sub-Committee may deem expedient. Order of SECT. 9. The following Books and Studies shall be attended studies; textbooks. to in the respective classes. The ORDER of the exercises and lessons assigned to each class to be determined by the teacher; subject, however, to the direction of the Committee of the school. SIXTH CLASS. Hillard's First Primary Reader to the 30th page; the words in columns to be spelled without book, and also words selected from the reading lessons. Boston Primary School Tablets. Number Eleven, - the words and elementary sounds repeated after the teacher. Number One, -the name and sound of each letter, including the long and short sound of each vowel. Number Fifteen to be read and spelled by letters and by sound, and read by calling the words at sight. Number Sixteen to be read by spelling, and by calling words at sight, with oral lessons on the meaning of the sentences. Number Thirteen to be spelled by sounds. Numbers Nine and Ten to be used in reviewing the Alphabet, for variety of forms of letters. Number Five, - the pupil to name and point out the lines and plane figures. Number Two, - analyze the forms of the capitals, and tell what lines compose each. Boston Primary School Slate, No. 1. -Print the small letters, and draw the straight lines and the rectilinear figures. The blackboard and tablets to be used in teaching the slate exercises. Develop the idea of numbers to ten, by the use of objects. Count to one hundred on the numeral frame. Repeating verses and maxims. Oral lessons on size, form, and color, illustrated by objects in the schoolroom; also upon common plants, and animals, illustrated by the objects themselves or by pictures. Learning to read and spell from letter and word cards, at the option of the teacher. Singing for five or ten minutes twice at least each day. SCHOOLS. 135 Physical exercises for five or ten minutes, twice at least each session. FIFTH CLASS. Hillard's First Primary Reader, as in the sixth class, completed. My First School Book, for spelling to the 24th page, and for reading to the 70th page. Boston Primary School Tablets. Review the exercises on Tablets prescribed for the sixth class. Number Nineteen, entire, and -Number Twenty to L. Number Six, — name and point out the figures, and their parts. Number Eleven to be taught from the tablet. Number Fourteen,- syllables to be spelled by sound. Boston Primary School Slate, No. 1. Review the slate exercises prescribed for the Sixth Class. Print the capital letters, also short words; draw the curvilinear figures. Counting real objects, and counting with the numeral frame by twos to one hundred. Repeating verses and maxims. Oral lessons on form, size, and color, and on plants, and animals. Singing and physical exercises as above. FOURTH CLASS. My First School Book, completed both as a reader and a speller. Hillard's Second Primary Reader, to the 50th page; the words in columns to be spelled, and also words selected from the reading lessons. Spelling words by sounds. Boston Primary School Tablets. Numbers Five and Six reviewed, with description or analysis of the lines and figures. Numbers Eleven, Thirteen, and Fourteen, reviewed. Numbers Twelve and Twenty to be learned. Numbers Seventeen and Eighteen, - names of punctuation marks. Boston Primary School Slate, No. 1, - used daily. Copies in printing and drawing reviewed and completed. Printing four or five words daily. Writing Arabic figures. Adding and subtracting numbers to twenty, illustrated by 136 SCHOOLS. objects and the numeral frame. Counting on the numeral frame by twos to one hundred, and by threes to fifty. Repeating verses and maxims. Oral lessons on objects as above, with their parts, qualities, and uses. Singing and physical exercises as above. THIRD CLASS. Hillard's Second Primary Reader, completed; the words in columns to be spelled, and also words selected from the reading lessons. At each lesson in reading and spelling, words spelled by sounds. Conversations on the meaning of what is read. Spelling and Thinking Combined, - to the thirty-fifth page. Spelling words by sounds. Questions on the meaning of words. Boston Primary School Tablets. Numbers Five, Six, Eleven, Twelve, Thirteen, Fourteen, and Twenty, reviewed. Number Three. Number Eighteen, - use of punctuation marks commenced. Boston Primary School Slate, No. 2. Write the small script letters and draw the plane figures. Exercises in writing and drawing to be illustrated by tablets and blackboard. Print a few words in capitals. Eaton's Primary School Arithmetic begun. Miscellaneous questions in adding and subtracting small numbers. Practical questions involving similar combinations. The idea of multiplication devolving by the use of the numeral frame. Numbers to be combined, occasionally written on slates from dictation. Repeating verses and maxims. Abbreviations. Oral lessons as above, and upon common objects, and the senses. Singing and physical exercises as above. SECOND CLASS. Hillard's Third Primary Reader, to the 100th page; the words in columns to be spelled, and also words selected from the reading lessons. Difficult words to be spelled by sounds. Conversations on the meaning of what is read. Spelling and Thinking Combined, - to the seventy-fifth page. SCHOOLS. 137 Spelling words by sounds. Questions on the meaning of words. Eaton's Primary Arithmetic, — addition, subtraction, and multiplication tables to be learned, and the practical questions under these rules to be attended to. Boston Primary School Tablets. Numbers Three, Five, Six, Eleven, Twelve, and Eighteen, to be reviewed. Number Seven, - drawing and oral lessons on the objects represented. Number eighteen, — uses and definitions, of points and marks learned, and applied in reading lessons. Boston Primary School Slate, No. 2. Writing capital and small letters, and drawing planes and solids, with illustrations from tablets and blackboard. Writinog short words. Review abbreviations and Roman numerals. Repeating verses and maxims. Oral lessons on objects, trades, and the most common' phenomena of nature. Singing and physical exercises as above. FIRST CLASS. Hillard's Third Primary Reader, completed; with definitions, explanations, spelling, by letters and by sounds; also questions on punctuation, the use of capitals, and the marks indicating the pronunciation. Spelling and Thinking Combined, completed. Spelling words by sounds. Questions on the meaning of words. Eaton's Primary Arit/hmetic, completed. The tables of multiplication and division to 12X12 and 144 - 12. Notation to 1,000. Counting by threes and fours, forwards to a hundred, and backwards, from a hundred to one. Practical questions to be attended to. Boston Primary School Tablets. Review those used in the Second Class. Frequent drill on Number Twelve. Number eight, drawino and oral lessons on the objects represented. Boston Primary School Slate, ANo. 2. Writing capitals and small letters, the pupil's name, and words from the spelling lessons, with particular care to imitate the letters on the frame. Drawing all the copies on the frame. 18 138 SCHOOLS. Repeating verses and maxims. Review abbreviations. Oral lessons on objects, trades, occupations, with exercise of observation by noting the properties and qualities of objects, comparing and classifying them, considering their uses, the countries from which they come, and their modes of production, preparation, or fabrication. Singing and physical exercises as above. SECT. 10. No scholars are to be promoted from one class to another till they are familiar with all the lessons of the class from which they are to be transferred, except for special reasons, satisfactory to the Sub-Committee. Chapter 10. - Regulations of Grammar Schools. SECTION 1. These schools form the second grade in the system of public instruction established in this city. The following are their names, locations, and dates of establishment:Name. Location. Sex. Establishment. List of Gram- 1- Eliot School............. North Bennet Street........... For Boys..............1713 mar Schools. 2- Franklin School.........Ringgold Street.................' Girls...............1785 3 —Mayhew School......... Hawkins Street............... " Boys............... 1803 4- Boylston School.........Fort Hill...................... Boys...............1819 5-Bowdoin School........ Myrtle Street.................. "Girls...............1821 6 —Hancock School......... ichmond Place............... " Girls...............1822 7-Wells School............ Blossom Street............... " Girls...............1833 8- Winthrop School........Tremont Street................ Girls...............1836 9-Lyman School...........East Boston................... Boys and Girls.....1837 10 —Lawrence School........ South Boston.................. Boys and Girls.....1844 11 - -Brimmer School.........Common Street............. "Boys............... 1844 12-Phillips School..........Southac Street................. " Boys............... 1844 13 —Dwight School......... Springfield Street.............. "Boys..............1844 14- Quincy School.......... Tyler Street.................. Boys.............. 1847 15-IBiigelow School......... South Boston..............".. Boys and Girls.....1849 16 —Chapman School.........East Boston................... " Boys and Girls.....1849 17- Adams School...........East Boston................... Boys and Girls.....1856 18-Lincoln School..........South BQston.................. c. Boysand Girls.....1859 19-Everett School.......... Northampton Street.......... " Girls...............1860 20 —Bowditch School........South Street.................. Girls...............1861 In these schools are taught the common branches of an English Education. Instructors in SECT. 2. The schools for boys shall each be instructed by y chools. a master, a sub-master, an usher, a head assistant, and three or more female assistants. SCHOOLS. 139 The schools for girls shall each be instructed by a master, a In girls' head assistant for each story in the building, and three or more female assistants. The mixed schools (boys' and girls') shall each be instructed In mixed schools. by a master, a sub-master, a head assistant for each story in the building, and three or more female assistants. Any existing exceptions to the foregoing organizations, authorized by special vote of the Board, shall remain until otherwise ordered. SECT. 3. Each school shall be allowed a teacher for every Number of pupils to a fifty-six pupils on the register, and an additional female assistant teacher. may be appointed whenever there are thirty scholars above the employment for the teachers already in the school, if the District Committee deem it expedient; and whenever the number of pupils on the register shall be reduced to thirty less than such complement, one female assistant may be removed from such school, if the District Committee recommend it; provided, that, in determining the number of teachers to which any school may be entitled under this section, one head assistant shall not be counted. SECT. 4. Any pupil may be admitted into the Grammar Qualdficationst Schools who, on examination by the master or any of his assist- the Grammar ants, shall be found able to read, at first sight, easy prose, to spell common words of one, two, or three syllables; to distinguish and name the marks of punctuation; to perform mentally such simple questions in Addition, Subtraction, and Division, as are found in Eaton's Primary Arithmetic; to answer readily to any proposed combination of the Multiplication Table in which neither factor exceeds ten; to read and write Arabic numbers containing three figures, and the Roman numerals as far as the sign of one hundred; and to enunciate, clearly and accurately, the elementary sounds of our language. And no pupil who does not possess these qualifications shall be admitted into any Grammar School, except by special permit of the District Committee. SECT. 5. Within the two weeks preceding the first Monday Examination of' r''; primary scholin March, annually, the Master of each Grammar School shall ars for promotion to Gramvisit each Primary which is expected to send pupils to his mar School. 140 SCHOOLS. schools; and he shall examine the first class in each of said Certificates of schools, and shall give certificates of admission to the Grammar School to such as he may find qualified in accordance with the foregoing requirements. But in the month of July, annually, each teacher in the Primary Schools shall accompany her first class to such Grammar Schoolhouse in the vicinity as the master may designate, when he and his assistants shall examine the candidates for admission to the Grammar School, in presence of their instructors, and shall give certificates to those who are found to be properly qualified. If, however, the parent or guardian of any applicant not admitted on the examination of the master, is dissatisfied with his decision, such person may appeal to the District Committee for another examination of said applicant. Times of ad- SECT. 6. Pupils admitted from the Primary Schools are mitting pupils to Grammar expected to enter the Grammar Schools on the first Monday of Schools. March and of September; but all other applicants residing in the District, found on examination qualified in all respects, may enter the Grammar Schools, by applying to the master at the schoolhouse, on Monday morning of any week when the schools are in session. Pupils regularly transferred from one Grammar School to another, may be admitted at any time, on presenting their certificates of transfer, without an examination. Out-of-school SECT. 7. No lessons shall be assigned to girls to be studied lessons. out of school; and, in assigning out-of-school lessons to boys, the instructors shall not assign a longer lesson daily than a boy of good capacity can acquire by an hour's study; nor shall the lessons to be studied in school be so long as to require a scholar of ordinary capacity to study out of school in order to learn them; and no out-of-school lessons shall be assigned on Saturday. Classes and SECT. 8. Each school or department of a school shall be sections. divided into four classes. Each class shall consist of two or more divisions, each of which sections shall pursue the studies and use the text-books assigned to its class; but whenever it shall appear that a division of a lower class has, in any particular branch of study, made the attainments requisite foir promno SCHOOLS. 141 tion to a higher class, at a period earlier than the regular time for general promotion, then such division may, at the discretion of the master, and with the approval of the Committee, enter upon the study of one of the text-books prescribed for the next hioher class. SECT. 9. The books and exercises of the several classes Text-books. shall be as follows, viz: - Class 4.- No. 1. Worcester's Spelling Book. 2. Hillard's Same. Fourth leader. 3. Writing in each school, in such Writing Books as the District Committee may approve. 4. Drawing in Bartholomew's Drawing Books. 5. Eaton's Intellectual Arithmetic, with lessons in Written Arithmetic on the slate and blackboard. 6. Warren's Primary Geography. Class 3. -No. 1. Worcester's Spelling Book. 2. Hillard's Same. Intermediate Reader. 3. Writing, as in Fourth Class. 4. Eaton's Intellectual Arithmetic, and Eaton's Common School Arithmetic, revised edition. 5. Drawing in Bartholomew's Drawing Books. 6. Warren's Primary Geogrraphy. 7. Kerl's Elementary English Grammar. Class 2. -No. 1. Spelling. 2. Hillard's Fifth Reader. Same. 3. Writing, as in Fourth Class. 4. Eaton's Intellectual Arithmetic, and Eaton's Common School Arithmetic, revised edition. 5. Warren's Common School Geography, with exercises in Map Drawing, on the blackboard, and by pen and pencil. 6. Kerl's Elementary English Grammar, or Kerl's Comprehensive English Grammar. 7. Drawing in Bartholomew's Drawing Books. 8. Exercises in Composition, and, in the boys' schools, Declamation. 9. Swan's First Lessons in the History of the United States. Class 1. -No. 1. Spelling. -Adams's Spelling Book for Text-books. advanced classes, permitted. 2. Reading in Hillard's Sixth Reader. 3. Writing as in Fourth Class. 4. Geography, as in Class Two. 5. Eaton's Intellectual Arithmetic, and Eaton's Common School Arithmetic, revised edition. 6. Grammar. 7. Exercises in Composition, and in the boys' schools, in Declamation. 8. Drawing in Bartholomew's Drawing Books. 9. Worcester's Dictionary. 10. Book 142 SCHOOLS. Keeping by single entry. 11. Worcester's History. 12~ Hall's Manual of Morals,- a Monday morning lesson, with oral instruction. 13. Instruction in Natural Philosophy, using Hooker's Natural Philosophy, as a text-book, with the Philosophical Apparatus provided for the schools, shall be given at least to the first division of the First Class. 14. Instruction in Physical Geography, by occasional exercises; the treatise of Warren, or of Cartee, being used as a text-book. 15. Hooker's Primary Philosophy. Permitted SECT. 10. In teaching Arithmetic to the several classes, books. every teacher shall be at liberty to employ such books as he shall deem useful, for the purpose of affording illustration and examples; but such books shall not be used to the exclusion or neglect of the prescribed text-books; nor shall the pupils be required to furnish themselves with any book but the textbooks. Arithmetic. SECT. 11. One treatise on Mental Arithmetic, and one treatise on Written Arithmetic, and no more, shall be used as text-books in the Grammar Schools. Instruction in SECT. 12. Two half-hours each week in the Grammar music. Schools shall be devoted to the study and practice of Vocal Music. Instruction shall be given to the First and Second Classes by the music teachers. Musical notation, the singing of the scale, and exercises in reading simple music shall be practised twice a week by the lower classes under the direction Examination in of the assistant teachers; and the pupils shall undergo examinamusic. tions and receive credits for proficiency in music, as in the other studies pursued in the schools. Arrangement SECT. 13. It is recommended that in the arrangement of of the studies Z and recitations. the studies and recitations in the Grammar Schools, those which most severely task the attention and effort of the pupils be, as far as possible, assigned for the forenoon. Committees to SECT. 14. It shall be the duty of the Committee of each superintend the organization of Grammar School, at the beginning of each school year, either thefirstclass. at a special meeting called for this purpose, or through their chairman, previously authorized to act in their name, to superintend the organization of the first class, and to see that none SCHOOLS. 143 are retained members thereof who ought to join the English No pupils to be retained who High School, or the Girls' High and Normal School. should join the High Schools. Chapter 11. - Regulations of the English High School. SECTION 1. This school is situated in Bedford Street. It English High School estabwas instituted in 1821, with the design of furnishing the young lished, and its object. men of the city who are not intended for a collegiate course of studies, and who have enjoyed the usual advantages of the other Public Schools, with the means of completing a good English education, and fitting themselves for all the departments of commercial life. The prescribed course of studies is arranged for three years, and those who attend for that period and complete that course, are considered to have been graduated at the school. Those who wish to pursue further some of the higher departments of mathematics, and other branches, have the privilege of remaining another year at school. This institution is furnished with a valuable mathematical and philosophical apparatus, for the purpose of' experiment and illustration. To this school apply the following regulations, in addition to those common to all the schools. SECT. 2. The instructors in this school shall be a master, Instructors. two sub-masters, and as many ushers as shall allow one instructor to every thirty-five pupils, but no additional usher shall be allowed for a less number. The Sub-Committee may furnish the master with an assistant in his room whenever the number of pupils remaining in the school through the fourth year shall in their judgment make it necessary. The salary of said assistant shall not exceed the salary paid to an usher in this school during his first year of service. It shall be a necessary qualification in all these instructors that they have been educated at some respectable college, and that they be competent to instruct in the French language. SECT. 3. Candidates for admission to this school shall be Time of examinini candiexamined once a year, on the Wednesday and Thursday next dates foradsucceeding the exhibition of the Grammar Schools in July. mission Any boy then offering himself as a candidate for admission, shall present a certificate from his parent and guardian that he 144 SCHOOLS. has reached the age of twelve years, also a certificate of good moral character, and of presumed literary qualifications, from the master of the school which he has attended, and shall pass a satisfactory examination in the following studies, viz: Spelling, Reading, Writing, English Grammar, Arithmletic, Modern Geography, and the History of the United States. Annual exami- SECT. 4. It shall be the duty of the Committee on the Engdates. lish High School to be present at the annual examination of candidates for admission, but said examination shall be conducted by the instructors, from questions previously prepared, on all the branches, and subject to the approval of the Committee. The examination shall be strict; and a thorough knowledge of the required studies shall be indispensable to admission. SECT. 5. On admission, pupils shall be arranged in divisions according to their respective degrees of proficiency. Individuals, however, shall be advanced according to their scholarship, and no faster; and no one shall remain a member of the school longer than four years. Reviews. SECT. 6. It shall be the duty of the master to examine each division as often as may be consistent with the attention due to those under his immediate instruction. Each class or section shall be occasionally reviewed in its appropriate studies, and once a quarter there shall be a general review of all the previous studies of that quarter. School hours. SECT. 7. The school shall hold one session daily. Commencing at 9 A. MI. and closing at 2 p. M., except on Saturday, when the school shall close at 1 o'clock. Course of SECT. 8. The course of study and instruction in this school studies and text-books. shall be as follows:Class 3. Review of preparatory studies, using the text-books authorized in the Grammar Schools of the city. 2. Ancient Geography. 3. Worcester's General History. 4. Sherwin's Algebra. 5. French Language. 6. Drawing. Same. Class 2. 1. Sherwin's Algebra, continued. 2. French Language, continued. 3. Drawing, continued. 4. Legendre's Geometry. 5. Book-keeping. 6. Blair's Rhetoric. 7. Constitution of the United States. 8. Trigonometry, with SCHOOLS. 145 its application to Surveying, Navigation, Mensuration, Astronomical Calculations, &c. 9. Paley's Evidences of Christianity, -a Monday morning lesson. Class 1. Trigonometry, with its applications, &c., con-Same. tinued. 2. Paley's Evidences, continued, - a Monday morning, lesson. 3. Drawing, continued. 4. Astronomy. 5. Natural Philosophy. 6. Moral Philosophy. 7. Political Economy. 8. Natural Theology. 9. Shaw's Lectures on English Literature. 10. French, continued, - or the Spanish Language may be commenced by such pupils as in the judgment of the master have acquired a competent knowledge of the French. Warren's Treatise on Physical Geography, or Cartee's Physical Geography and Atlas, is permitted to be used. For the pupils who remain at the school the fourth year, the course of studies shall be as follows - 1. Astronomy. 2. Intellectual Philosophy. 3. Logic. Same. 4. Spanish. 5. Geology. 6. Chemistry. 7. Mechanics, Engineering and the higher Mathematics, with some option. SECT. 9. The several classes shall also have exercises in Same. English Composition and Declamation. The instructors shall pay particular attention to the penmanship of the pupils, and give constantly such instruction in Spelling, Reading, and English Grammar, as they may deem necessary to make the pupils familiar with these fundamental branches of a good education. SECT. 10. Each pupil who shall graduate from this school, Diplomas to having honorably completed its course of instruction to the satisfaction of the Principal and the Committee, shall be entitled to receive a suitable diploma on leaving school. Chapter 12. -Regulations of the Girls' High and Normal School. SECTION 1. This school is situated in Mason Street. It Establishment and object of was instituted in 1852, with the design of furnishing to those theschool. pupils who have passed through the usual course of studies at the Grammar Schools for girls, and at other girls' schools in this city, an opportunity for a higher and more extended educa19 146 SCHOOLS. tion, and also to fit such of them as desire to become teachers. The following are the regul tions of this school, in addition to those common to all the schools. Instructors. SECT. 2. The instructors shall be, a master, and as many assistants as may be found expedient; but the whole number of assistants shall not exceed the ratio of one for every thirty pupils.' Admission of SECT. 3. The examination of candidates for admission to pupils, the schools, shall take place annually, on the Wednesday and Thursday next succeeding the day of the annual exhibition of the Grammar Schools in July. Same. SECT. 4. Candidates for admission must be over fifteen, and not more than nineteen years of age. They must present certificates of recommendation from the teachers whose schools they last attended, and must pass a satisfactory examination in the following branches, viz: Spelling, Reading, Writing, Arithmetic, English Grammar, Geography, and History. Same. SECT. 5. The examination shall be conducted by the instructors of the school, both orally and from written questions previously prepared by them, and approved by the Committee of the school. It shall be the duty of the said Committee to be present and to assist at the examination, and the admission of candidates shall be subject to their approval. Course of in- SECT. 6. The course of studies and instruction in this struction., school shall be as follows: At a meeting of the School Committee held May 17, 1864, the following Orders were passed:1. ORDERED, That the Committee, on the Girls' High and Normal School be authorized to employ a special instructor in the Normal Department of that School, with a salary not exceeding i 800 per annum. 2. ORDERED, That those members of the Senior Class in the Girls' High and Normal School who intend to become teachers, shall be required to attend the sessions of one or more of the Primary and Grammar Schools in the city, not less than four weeks during the year, in order to observe the methods of teaching, and to acquire practical knowledge of the instruction and government of school, by acting as teachers themselves; —it being understood that they are to be under the supervision and direction of the Chairman of the District Committee, and of the master of the school in which they are employed, and that they are to receive no remuneration. SCHOOLS. 147 Junior Class. Reading, Spelling, and Writing, continued. Arithmetic, Geography, and Grammar, reviewed. Physical Geography, Natural Philosophy, Analysis of Language and Structure of Sentences. Synonymes. Rhetoric. Exercises in English Composition. History. Latin, begun. Exercises in Drawing and in Vocal Music. Middle Class. Natural Philosophy, continued. English Literature. Algebra. Moral Philosophy. Latin, continued. French, begun (instruction given by a native French teacher). Rhetoric, with exercises in Composition, continued. Physiology, with Lectures. General History. Exercises in Drawing and in Vocal Music. Reading standard English Works, with exercises in Criticism. Senior Class. Latin and French continued. Geometry. General History. Intellectual Philosophy. Astronomy. Chemistry, with lectures. Exercises in Composition. Exercises in Drawing and in Vocal Music. Exercises in Criticism, comprising a careful examination of works of the best English authors. Instruction in the Theory and Practice of Teaching. Such instruction in Music shall be given to all the pupils as may qualify them to teach Vocal Music in our Public Schools. SECT. 7. The sessions of the schools shall begin at 9 o'clock, School hours. A. M. and close at 2 o'clock, P. M., except on Wednesday and Saturday, when the school shall close at 1 o'clock. SECT. 8. Instead of a public exhibition in this school the Visitations by parents and parents and friends of the pupils shall be invited through the friends. pupils to attend the regular exercises in the various rooms during the five days preceding the last school-day of the school year. And during such visitations the exercises of the school shall be conducted in the usual manner. SECT. 9. The plan of study shall be arranged for threePupils thay remain three years. Pupils who have attended for that period, and whoyears. have completed the course in a manner satisfactory to the teachers and the Committee on the school, shall be entitled to receive a diploma or certificate to that effect, on leaving theDiploma. school. 148 SCHOOLS. Chapter 13. — Regulations of the Latin Grammar School. SECTION. 1. This school, situated in Bedford Street, was instituted early in the 17th century. Objects of the SECT. 2. The rudiments of the Latin and Greek languages schools. are taught, and scholars are fitted for the most respectable colleogs. Instruction is also given in Mathematics, Geography, History, Declamation, English Grammar, Composition, and in the French language. The following Regulations, in addition to those common to all the schools, apply to this school. Instructors. SECT. 3. The instructors in this school shall be a master, a sub-master, and as many ushers as shall allow one instructor to every thirty-five pupils, and no additional usher shall be allowed for a less number. Same. SECT. 4. It shall be a necessary qualification for the instructors of this school, that they shall have been educated at a college of good standing. candidates for SECT. 5. Each candidate for admission shall have attained admission. the age of ten years, and shall produce from the master of the school he last attended a certificate of good moral character. He shall be able to read English correctly and fluently, to spell all words of common occurrence, to write a running hand, understand Mental Arithmetic and the simple rules of Written Arithmetic, and be able to answer the most important questions in Geography, and shall have a sufficient knowledge of English Grammar to parse common sentences in prose. A knowledge of Latin Grammar shall be considered equivalent to that of English. Time of exam- SECT. 6. Boys shall be examined for admission to this ining candidates for ad- school only once a year, viz: on the Friday and Saturday of mission. the last week of the vacation succeeding the exhibition of the school in July. Pupils may re- SECT. 7. The regular course of instruction shall continue main six years. six years, and no scholar shall enjoy the privileges of this school beyond that term, unless by written leave of the Committee. SCHOOLS. 149 But scholars may have the option of completing their course in five years or less time, if willing to make due exertions, and shall be advanced according to scholarship. SECT. 8. The sessions of the school shall begin at 9 o'clock School hours. A.- M. and close at 2 o'clock r. M. on every school-day throughout the year, except on Saturday, when the school shall close at 1 o'clock. SECT. 9. The school shall be divided into classes and sub- Classes. divisions, as the master, with the approbation of the Committee, may think advisable. SECT. 10. The master shall examine the pupils under the care of the other teachers in the school as often as he can consistently with proper attention to those in his own charge. SECT. 11. The books and exercises required in the course Course of studies and of instruction in this school, are the following — text-books. Class 6. Andrews and Stoddard's Latin Grammar. 2. English Grammar. 3. Reading English. 4. Spelling. 5. Mental Arithmetic. 6. Mitchell's Geographical Questions. 7. Declamation. 8. Penmanship. 9. Andrews's Latin Lessons. 10. Andrews's Latin Reader. Class 5. 1, 2, 3, 4, 7, 8, continued. 11. Viri Roma. 12. Written translations. 13. Colburn's Sequel. 14. Cornelius Nepos. 15. Arnold's Latin Prose Composition. Class 4. 1, 2, 3, 4, 7, 8, 12, 13, 15, continued. 16. Sophocles's Greek Grammar. 17. Sophocles's Greek Lessons. 18. Casar's Commentaries. 19. Fasquelle's French Grammar. 20. Exercises in speaking and reading French with a native French Teacher. Class 3. 1, 2, 3, 4, 7, 8, 12, 13, 15, 16, 19, 20, contin- Text-books. ued. 21. Ovid's Metamorphoses. 22. Arnold's Greek Prose Composition. 23. Felton's Greek Reader. 24. Sherwin's Algebra. 25. English Composition. 26. Le Grandpere. Class 2. 1, 2, 3, 4, 7, 8, 15, 16, 19, 21, 22, 23, 24, 25. same. continued. 27. Virgil. 28. Elements of History. 29. Translations from English into Latin. Class 1. 1, 7, 15, 16, 19, 20, 21, 22, 23, 25, 27, 28, 29, Same. 150 SCHOOLS. continued. 30. Geometry. 31. Cicero's Orations. 32. Composition of Latin Verses. 33. Composition in French. 34. Ancient History and Geography. Same. The following books of reference may be used in pursuing the above studies:Leverett's Latin Lexicon, or Gardner's abridgment of the same. Andrews's Latin Lexicon. Liddell and Scott's Greek Lexicon, or Pickering's Greek Lexicon, last edition. Worcester's School Dictionary. Smith's Classical Dictionary. Smith's Dictionary of Antiquities. Baird's Classic Manual. Warren's Treatise on Physical Geography, or Cart6e's Physical Geography and Atlas is permitted to be used. Translations SECT. 12. No Translations, nor any Interpretation, Keys, and keys forbidden. or Orders of Construction, are allowed in the school. Penmanship, SECT. 13. The instructors shall pay particular attention to reading, spelling, &c. the penmanship of the pupils, and give constantly such instruction in Spelling, Reading, and English Grammar, as they may deem necessary to make the pupils familiar with those fundamental branches of a good education. Diploma. SECT. 14. Each pupil who shall honorably complete the course of studies prescribed for this school, to the satisfaction of the Principal and the Committee, shall be entitled to receive a suitable diploma or certificate to that effect at graduation. SCHOOLHOUSES. 151 SCHOOLHOUSES. RULES. 3. Windows and doors to be cleaned. 1. Janitors to be appointed, their 4. Fires to be made; use of fuel and residence and compensation; ashes. entries, passages, and rooms to 5. Opening and closing of houses; be swept. care of yards and walks. 2. Furniture and walls to be swept 6. Masters to supervise the Janitors and dusted. and indorse their bills. RULES. Ordered: That, the Superintendent of Public Buildings shall Appointment of janitors. employ such persons as he may deem competent, to have the care of Schoolhouses. Such persons shall reside in the city of Boston, and shall receive such compensation as the Committee on Public Buildings may determine upon. And persons so employed shall comply with the following Rules. 1. The Entries, Stairways, and Passages to be swept daily; Entries and rooms to be the Rooms every Wednesday and Saturday of each week; and swept. the Cellars once a week, or as often as required to keep them in good order. 2. The School furniture is to be dusted as often as the Furniture, walls, &C., to be Rooms are swept. The Windows, Blinds, Walls, and Ceilings swept and of the rooms and entries are to be dusted as often as required to dusted. be kept in good order. 3. The Windows shall be cleaned twice in each year, viz: Windows and doors to be in the vacation in February and August, for which purpose the cleaned. Janitor may employ a suitable person, at a price satisfactory to the Superintendent of Public Buildings. And it shall be the duty of the Janitor to see that they are properly cleaned. The Doors and all other painted surfaces, including Seats and Desks, whenever necessary, and the Ink-wells once in three months.'Rules and Regulations for the Care of Schoolhouses, as established by the Committee on Public Buildings. [See Laws and Ordinances, pp. 476 and 478.] 152 SCHOOLHOUSES. Fires tobe 4. Fires, whenever necessary, are to be made in season to made. have the House properly warmed at the time for opening the School. Use of fuel and The fuel is to be economically used, the ashes to be ashes. thoroughly screened, and the screenings to be used on the fires. When stoves are used, fuel sufficient for the day must be carried to the several rooms. Opening and 5. The House is to be opened and closed daily, Sundays closing of houses; yards excepted. The Yards, Walks, and Outhouses are to be kept and walks. clean and in good order. The Roomis for Singing and Exhibitions are to be prepared for these exercises, and a general supervision of the Estate maintained during vacations. Masters to su- 6. The Masters of each School are requested to see that the pervise the janitors. Janitors perform the above-named duties in a satisfactory manner, and the bills of the Janitor must be indorsed by the Master, which will certify that the foregoing Rules and Regulations have been complied with. The Bills must be left at the Office of the Superintendent of Public Buildings for approval, on or before the twentieth of each month. STREET WATERING. 1 58 STREET WATERING. RULES. 4. License for one year only, and 1. Applications for license. revocable at pleasure. 2. Expense to be borneby abuttors. 5. Time of watering to be fxed by 3. Mode of watering to be fixed by Superintendent of Health. Superintendent of Health. 6. Crossing stones not to be wet. RULES.' 1. All applications for watering the streets of the city shall fApplcatons be referred to the Committee on Internal Health, who, if they agree that the application be granted, shall decide whether the street or streets applied for shall be watered with fresh or salt water, and the license shall expressly state which kind of water shall be used. 2. The expense of watering the streets is to be borne in all Expense to be borne by abutcases by the abuttors. tors. 3. The mode of watering the streets, and the quantity of water Mode of watering to be be to be put upon the streets during each day, shall be determined fixed by Superintendent of upon by the Superintendent of Health. Health. 4. The license shall be for the term of one year only, and License for one year only; reshall be liable to be revoked at the pleasure of the Board of vocable at Aldermen. pleasure. 5. The time of commencing and finishing the duty of water- Time of watering to be fixed ing the streets, to be determined by the Superintendent of by Superintendent of Internal Htealth. Health. 6. In watering the streets, especial care must be taken to Crossing stones not to be wet. avoid wetting the crossing stones in each street. 1 Rules prescribed by the Committee on Internal Health, by authority of the Board of Aldermen, given April 7, 1856. 20 154 TELEGRAPHIC FIRE ALARM. TELEGRAPHIC FIRE ALARM. REGULATIONS. Where alarms are given; persons who have keys. Constant watch kept; operators to al- have keys. Manner of giving alarms. ternate; sleep during watch fortbidden. sleep duringwatc for-Directions to those who hold signal bidden. Operators accountable for mistakes. keys. Account of alarms kept. REGULATIONS.' Constantwatch A constant watch is kept at the Office, Court Square, night kept; operators to alternate; and day, by the operators. Each operator serves two alternate letephforbig terms of three hours each, as principal, and the same as assistden. ant operator; so that twelve hours' service at the office, out of every twenty-four, is required from each operator. No operator is permitted to sleep during his watch, unless expressly relieved by some one else, and by consent of the Superintendent. Operators ac- Each operator is accountable to the Superintendent for countable for mistakes. any mistakes that may occur at the Office during his hours of duty. Account of An accurate account is kept of the time of giving each alarm, alarms kept. and of the Station from which it originates, and all other necessarv information. Where alarms Alarms are transmitted to the Central Office, from the Sional are given; per-. sons who have Stations or Boxes, by turning a crank in the Box. The Police keys. Officers, and one other person resident near each Station, have keys to the boxes. The ringing of the bells and the tapping of the Boxes, each denotes the number of the Station from which the alarm origi1 Regulations established by the Committee and Superintendent of Fire Alarms. [See Laws and Ordinances, pp. 225, 226.] TELEGRAPHIC FIRE ALARM. 155 nated: thus, - one blow, a pause, three blows, another pause, Manner of and two blows (1 - 3 - 2) indicates that the alarm came from Box No. 132. Alarms are usually given in less than a minute from the time the crank is turned in any Box. 1. If a fire is discovered in your vicinity, go to tle nearest Directions to those who hold Box. signal keys. 2. Turn the crank twenty-five times, rather slowly at first, then quite fast at last. Wait at the box, and direct the firemen to the fire. 3. If you hear no reply at the Box, or on the bells, turn again. If still no reply, go to another Box. 4. The Police, upon hearing the bells, will spring their rattles and call the number of the Station. 1. Be sure your Box is locked before leaving it. Cautions. 2. Never open the Box except in cases of fire. 3. Never let the key go out of your possession, unless called for by the Superintendent. There are Signal Stations distributed and located in conspicuous localities, all over the city.'' The list of numbers and localities of the boxes is omitted for the reason that it is frequently changed; and the number of stations is constantly augmented, - the present number being about 75. 156 WATER BOARD. WATER BOARD. RULES AND REGULATIONS. Bills and Accounts. Subordinate officers. OrgaMeetings. Clerk, to keep books, &c. Meetings. President. Superintendent of Western Division; to have charge of, &c. Order of business. Superintendent of Eastern Division; Order of business. Committees. to have charge of, &c. Rules and Reguluations. Rules and Reguluations. City Engineer's duties. Water Registrar's duties. Notification of meetings. RULES AND REGULATIONS. Organization. The persons chosen by the City Council to constitute the Cochituate Water Board, shall meet on the first Monday in April in each year, and organize themselves by the choice of a President from their own number, and of a Clerk, and make such rules and regulations for their own government and in relation to all subordinate officers, as they may deem expedient. Meetings. STATED meetings of the Board shall be held every other week, at such time as they may direct; special meetings shall be called by the President, and in an emergency, by any two members. President. The President shall preside at all meetings of the Board, and in his absence a President pro tern. shall be chosen. He shall exercise a general supervision over all the Water Works, and the materials and property connected therewith, and over all Quorum. subordinate officers and agents. A majority of the Board shall constitute a quorum. The order of business shall be as follows: Order of busi- Reading of the Records. ness. Reports of Committees. Examination of Claims. Approval of Bills. Motions and Resolutions. 1 Rules and Regulations of the Cochituate Water Board, as adopted April, 1865. See Laws and Ordinances, p p 794-808. WATER BOARD. 157 The Committee on Accounts shall consist of the whole Board, Committees. and the following Committees consisting of three members each, shall be appointed by the President, and shall, subject to the direction of the Board, have the control and care of the departments to which they are appointed. Committee on the Western Division. Committee on the Eastern Division. Committee on the'Water Registrar's Department and Water Board Office. All petitions and subjects presented to the Board, shall (un- Rules and regulations. less they are prepared to act thereupon) be referred to a Committee, to report at the next regular meeting or at a special meeting called for the purpose. When requested by a member of the Board the vote shall be taken by yeas and nays, and recorded by the Clerk. These rules may be suspended by a majority of the members present, and they may be amended by a majority of the whole Board, notice having been given of the intention so to do, at the previous meeting. All meetinos shall be notified by the Clerk, by leaving aN meetionsof written or printed notification at the place of abode of the several members, unless otherwise ordered. All bills and accounts against the city, authorized by this Bills and accounts. Board, after being approved by the Chairman of the Committee ordering the same, shall be entered by the Clerk in a monthly draft, which shall be presented to the Board previous to the 20th of each month, which, after being approved, shall be signed by the President, and delivered with the vouchers to the Auditor. No bill or account shall be entered in the monthly draft, unless it be delivered to the Clerk on or before the 15th day of that month. The following subordinate officers shall be appointed, and Subordinate officers. hold their offices during the pleasure of the Board, and receive such compensation as the Board may from time to time deem expedient. A Clerk. 158 WATER BOARD. A Superintendent of the Western Division. A Superintendent of the Eastern Division. And such other Clerks and Assistants as may from time to time be necessary. Clerk to keep The Clerk shall be chosen by ballot, and duly sworn to the books, &C. faithful performance of the duties of his office. He shall give his whole time to the service of the Board, attend their meetings, and keep a record of their proceedings. The Books, Plans, and Documents, shall be kept at the office of the Board and be under his supervision. It shall be his duty to keep Books, wherein shall be entered a full and accurate statement of all receipts and expenditures; receive all bills and accounts against the city, which are presented on or before the 15th day of each month, examine them in detail, and, when approved by the Committee or party who contracted them, enter them in the proper books, and present them with a schedule thereof, to the Board for approval; receive all applications for service pipes and for water to be let on or shut off, - and keep a record of the same specifying the time and reasons therefor; cause the water to be let'on when the rates are paid, and when notified by the Registrar of nonpayment, at once cause it to be shut off; report to the Board monthly the number of fines, cases of water cut off and of those let on; also all charges therefor, and for any other work performed under his direction; and perform such further services as may be required by the President or any Committee. Superintendent The Superintendent, under the direction of the President and of Western Division to the Committee on the Western Division, shall have the charge have charge of, &c. of Lake Cochituate, Brookline, and Chestnut Hill Reservoirs, Gate Houses and Pipe Chambers at Charles River, and of all the lands and property of the city in this division. It shall be his special duty to attend to the protection of the above lands and property; the waste weirs at Dedman's Brook in Needham, Webber's Barn in Brookline, at Newton Centre and East Needham, to the prevention of all nuisances and trespasses upon all the said works or lands, or upon the waters of the Lake; keep the grounds and walks in good order, and WATER BOARD. 159 forthwith report to the Committee and at the office, all cases of damage or casualty; make an accurate record of the water levels at the Lake every morning, specifying therein the depth of the water in the conduit, the height of the surface of the Lake above the conduit; the temperature of the water in the gate-house; of the air in the shade, and the height of the water on the 23-feet gauge below the outlet dam; also at the Brookline and Chestnut Hill Reservoirs, specifying therein the depth of the water above the bottom of the conduit in the Reservoirs, the depth in the gate-houses, the temperature of the water therein at eight feet below the surface, and of the air in the shade; ascertain the height of water at the Pipe Chambers at Charles River daily, every morning, above the bottom of the aqueduct, and report the same to the Board weekly, and to the City Engineer monthly; employ such assistants and laborers as may be required, first obtaining the consent and approval of the Committee on this Division; duly return to the Board on the first Mondays of January and July in each year, and as much oftener as they may require, a full report of the work and labor performed, and materials used, in his department, and annually on the first Monday of January, a correct statement of all the tools and other property in his possession belonging to the city, and perform such further services as may be required. The Superintendent under the direction of the President and Superintendent of Eastern the Committee on the Eastern Division, shall have the special Division; to have charge charge of all the reservoirs, and of the public fountains in the of, &c. city, and of all the iron mains and pipes in both Divisions; and it shall be his duty to protect them from all nuisances and trespasses, and attend to the protection of all other property in this Division belonging to the Water Works; keep an account of the pipes, machinery, and other property in the machine shop and yards; in case of accident to the mains or other pipes, forthwith repair them, distributing suitable notices before the stoppage of water, except in cases of emergency; give immediate notice at the office and to the Committee, of any accident which may happen to the mains, pipes, or anything connected therewith; put in such service pipes, and lay such mains and 160 WATER BOARD. other pipes, as may from time to time be directed; repair any injuries to the streets or sewers caused by the Water Works; employ such assistants and laborers as may be required, first obtaining the consent and approval of the Committee; whenever any street, highway, or place, is liable to be obstructed, or rendered dangerous by the laying of pipes or making repairs, cause a sufficient fence to be erected, and light and guard the same; make a full report, quarterly to the Board, of the work and labor performed, and materials used in his department; measure the quantity of water in the reservoirs, take the temperature of the water in the Beacon Hill Reservoir, and of the air in the shade, every morning, noon and night, and keep a record and make a return thereof, to the Board weekly, and to the City Engineer monthly; duly return to the Board, on the first Monday of January in each year, and as much oftener as they may require, a correct statement of the quantity of pipes and other materials in the yards, and all the property belonging to the city which is under his care; and perform such further services as may be required. City Engineer's It shall be the duty of the City Engineer to carefully inspect duties. the Aqueduct and all other structures belonging to the Water Works in person, previous to making his Annual Report to the Board, and at such other times as they may require; make such surveys, plans, and estimates, connected with the works, as the Board may direct; when requested, give his opinion, in writing, of the best mode of constructing or repairing any portion of the works; keep in his office the returns of the Superintendents in relation to the water levels at the Lake, the reservoirs, and the pipe chambers at Charles River, and report them to the Board previous to the sixth day of January in each year. Water Regis-] It shall be the duty of the Water Registrar, under the directrar's duties. tion of the Board and the Committee on this department, to assess the water rates, according to the tariff established by the City Council; make out and distribute all bills for the same; exercise a constant supervision over the use of the water, and attend to the enforcement of all regulations relative thereto; keep suitable books, in which shall be entered the names of all WATER BOARD. 161 persons who take water, the kind of building, the name and number of the street, the nature of the use, the number of taps, and the amount charged, which shall always be open to the inspection of the Board; make returns to the Clerk of the Board, of all places where the water is to be let on, and where to be shut off for non-payment, with full particulars as to the location of the premises; make monthly returns to the Board, of the receipts and expenditures of his department, and as much oftener as they may require, and employ such assistance as may be necessary in his department, first obtaining the approval of the Committee; and perform such other services as may be required. He shall make no abatement of water rates after a bill has been rendered, nor apply any meter, or discontinue the use of any, without the approval of the President or the Committee. 21 SPECIAL ACTS. BOSTON MILL CORPORATION. ACTS. 6. Mode of attachment of a share 1. Incorporating clause. and execution. 2. Property vested in corporation, and 7. Real estate of the corporation to be divided into 1,600 shares. liable for its debts. 3. J. Peck authorized to call a pro- 8. Proprietors authorized to divide prietors' meeting. their estate. 4. Corporation allowed to hold other 9. Powers maybe delegated to Presreal estate than the Mill Pond. ident and Directors or a Com5. Assessments may be levied, and mittee. shares of delinquents sold. ACTS.1 Incorporating SECTION 1. Be it enacted by the Senate and House of Repreclause. 1804, March 9. sentatives, in General Court assembled, and by the authority of the same, that John Peck, Benjamin Hichborn, and Mary Gilman, owners and proprietors of the water-mills, millpond, and land under the same, and estate adjoining to and belonging to the same, situate in Boston, in the County of Suffolk, commonly known by the name of the Millpond, together with their associates, and such as may hereafter associate with them and their successors and assigns, shall be a body politic, by the name of The Boston Mill Corporation; and by that name may sue and be sued, plead and be impleaded, defend and be defended, in any Courts of Record, or in any other place whatsoever; and shall and may do and suffer all matters, acts, and things which Act to Incorporate John Peck and others, by the name of the Boston Mill Corporation, passed March 9, 1804. Additional act (see ~ 8 and following) passed June 19, 1809. For "Historical References " to the Back Bay, etc., see Appendix to this volume. SPECIAL ACTS. 163 bodies politic ought to do and suffer; and shall have power to make, have and use a common seal, and the same again at pleasure to break, alter, and renew; and also to ordain, establish, and put in execution such by-laws, ordinances, and regulations as to them shall appear necessary and convenient for the government of said corporation, and for the prudent management of their property and affairs; and for the breach of such by-laws, ordinances, and regulations may order fines and penalties, not exceeding thirteen dollars for every breach: Provided, That such by-laws, ordinances, and regulations shall not be repugnant to the laws of this Commonwealth. SECT. 2. Be it further enacted, That the stock, property, Property vested v in corporation, and estate now belonging to the said proprietors and theirandtobe divided into associates, shall be, and hereby are vested in the said corpora- 1,600 shares. tion, and fully confirmed to them to every intent and purpose Ibd. ~ 2. whatever; and shall be divided into sixteen hundred shares, which shall be divided among and held by the present proprietors, according to the proportion of interest which they now severally hold therein; and certificates of such shares, signed by the president, shall be issued to them accordingly, which shares shall be transferable by indorsement on the back of said certificates, and the property shall be vested in the vendee, when a record shall be made thereof by the clerk of said corporation, and new certificates shall be issued accordingly; and such shares shall in all respects be considered as personal estate. SFCT. 3. Be it further enacted, That John Peck aforesaid J. Peck authorized to call a may call a meeting of the above-namned proprietors, to be proprietors' meeting. holden on the first Tuesday of April next, at some suitable Ibid. ~ 3. place in Boston, by advertisement in the Columbian Centinel, or any other newspaper printed in Boston, ten days before said day; and at that and all other meetings, said proprietors may vote by themselves or proxy, always allowing to every proprietor one vote to each share: Provided, That no proprietor shall have more than forty votes: And said proprietors, by a majority of votes, shall choose a clerk and two or more directors, not exceeding five, from among the stockholders, by ballot, to continue in office one year, and until others are 164 SPECIAL ACTS. chosen, and no longer; and said directors shall meet as soon as may be after their election, and shall choose from their own number a president; and in case of vacancy by the death or resignation of such clerk, president, or director, such vacancy shall be filled by the directors already chosen and qualified. Corporation al- SECT. 4. Be it further enacted, That said corporation is lowed to hold other reales- hereby authorized to purchase and hold real estate, not extate thaMillpond.the ceeding in value thirty thousand dollars, more than they now Ibid. ~ 4. hold; and their real estate may sell, exchange, and dispose of at pleasure; and the said president and directors shall convey the same, or the right, title, and interest of said corporation of, in, and to the same, whenever they shall be so directed by a major vote of the proprietors present or represented at any legal meeting notified for this purpose. And the said corporation generally shall have the power of managing and improving their mills and estate with the same facilities and in the same manner as other bodies corporate. Assessments SECT. 5. Be it further enacted, That the president and dimay be levied, and sharesof rectors may make such assessments on the shares of each and delinquents sold. every member of this corporation as they may think proper Ibid. ~ 5. and necessary for executing the purposes aforesaid; and in case such assessments are not paid in conformity to the rules and regulations for this purpose to be made and established by said corporation, may and shall have full power and authority to sell the share or shares of any of the proprietors who shall be delinquent in the payment of said assessments; and shall also, at such times as may be agreed on by said corporation, make such dividends of their rents, profits, and receipts as may arise thereon. Mode of attach- SECT. 6. Be it further enacted, That the property of any mrent of a share, and execution. individual member of this corporation, vested in the stock of Ibid. ~ 6. the corporation, with the dividend or dividends due thereon, shall be liable to attachment and execution in manner following, viz: Whenever a proper officer, having a writ of attachment or execution in favor of any bona fide creditor, against any member, shall apply to the clerk, it shall be his duty to SPECIAL ACTS. 165 give him a certificate of the number of shares said member holds, and the amount of dividends due thereon; and whenever such share or shares shall be attached on mesne process, or taken in execution, in addition to a copy of such writ; or a summons to be left with the debtor, an attested copy thereof shall be left with the clerk of said corporation; and such share or shares may be sold on execution, after the same notification, and in the same manner as other personal property; and the officer making such sale; within five days thereafter, shall leave an attested copy of such execution, with his return thereon, with the clerk of said corporation, and the vendee shall become the absolute proprietor of such share or shares, with all the dividend or dividends due thereon. SECT. 7. Be it further enacted, That the real estate of said Real estate of the corporation corporation shall be liable for the debts of the corporation, and liable for its debts. shall be liable to attachment and execution on any judgment Ibid. ~ 7. against the corporation, in the same manner as other real estate; and the corporation shall have the right and equity of redeeming the same; and that nothinc in this act contained shall be construed to affect the title of the said proprietors and their associates to said estate, or the claims of the town of Boston, or any corporation, to the same, or the claim or claims of any person or persons whatever. SECT. 8. Be it ftrther enacted, That the Boston Mill Cor- Proprietors' authorized to poration shall be and hereby are authorized at any meeting to divide their estate. be called for that purpose, from time to time, to agree upon any 1809, June 17,~1. mode for effecting a fair, equal, and convenient division or partition of their estate, or any part thereof, by lot, sale at auction among the proprietors, or otherwise,, and upon such terms and principles as they may judge and determine to be expedient; and in case it shall so happen that the said estate, or such part thereof as may be ready for division, cannot conveniently be divided (in the opinion of said corporation) so as to accommodate each proprietor with a quantity of land, equal and in proportion to his interest, the said corporation shall have power to make all such rules and regulations, respecting credit to be given to those proprietors who become purchasers to a greater 166 SPECIAL ACTS. amount than their shares, and respecting the payment and indemnification of those who do not purchase to the amount of their shares, as they may judge expedient and for the interest of the corporation. Powers may be SECT. 9. All powers hereby given to said corporation, may delegated to president and be delegated to and exercised by their president and directors, directors or a committee. or by any committee for that purpose specially to be appointed. Ibid. ~ 2. BOSTON AND ROXBURY MILL CORPORATION. ACTS. 6. May appoint a committee to esti1. Persons incorporated; may hold timate damage. Costs, &c. real and personal estate. 7. Capital stock and number of 2. May build a dam; boats may pass shares. free of toll. Penalties and for- 8. Persons who may call a meeting. feitures. May lease and sell 9. May make assessments. the right of using the waters. 10, 11. When the corporation may 3. May make a road. Toll free to receive tolls. the proprietors of marshes in 12. Dam may be widened. Brookline. 13. Dam from Boston to South Boston. 4. Rights and privileges. 14. Wharf may be extended to harbor 5. Board of Health authorized to lines. cover flats with water. 15. Tolls on Western Avenue. 16. Acceptance of act required. ACTS. I Persons incor- SECTION 1. Be it enacted by the Senate and Rouse of Repreporated. 1814, 39, ~ 1. sentalives, in General Court assembled, and by the authority of the same, That Isaac P. Davis, Uriah Cotting, and William Brown, their associates, successors, and assigns, be, and they are hereby made a body politic and corporate, by the name of The Boston and Roxbury Mill Corporation; and by that name may sue and be sued, prosecute and be prosecuted to final judgment I Act to establish the Boston and Roxbury Mill Corporation, 1814, Chap. 39. Additional acts (see ~ 10 and following), 1816, chap. 40; 1819, chap. 65; 1822, chap. 34; 1833, chap. 120; 1844, chap. 58; 1850, chap. 182. See also acts of 1861, chap. 201. For agreements with the City of Boston, the Boston Water Power Company, and the Commonwealth, as to filling flats, etc., see "Agreenents," Post. See also, in the Appendix, " Historical References" to the history of the Back Bay. SPECIAL ACTS. 167 and execution. And said corporation shall have power to make and use a common seal, and the same to break and alter at pleasure, and may from time to time make by-laws for the regulation of the affairs of the corporation; Provided, That the Proviso. same be not repugnant to the laws of the Commonwealth; may purchase and hold real and personal estates (not exceeding in May hold real and personal value two millions of dollars), necessary to promote the objects estate. Of the corporation; and in general, may do anal suffer all other acts and things, which bodies corporate may or ought to do and suffer. SECT. 2. Be it further enacted, That said corporation shall May build a have power to build a dam from Charles Street, at the wester- Ibid. ~ 2. ly end of Beacon Street in Boston, to the upland at Sewall's Point, so called, in Brookline, and as near as may be to the north side of tide-mill creek, which dam shall not be less than forty-two feet wide on the top, and made so as effectually to exclude the tide water, and to form a reservoir or empty basin of the space between said dam and Boston Neck; and said corporation shall have power to build a dam from Boston to South Boston, not northerly or easterly of South Boston bridge, with gates, sluiceways, and other things necessary to admit and detain the tide water between said dam and Boston Neck, at the height of common tides; and shall make in said dam, a good and sufficient lock, for the passage of rafts containing not less than ten thousand feet of timber or boards, of vessels and boats, burthen from ten to one hundred and fifty tons, and boats and barges of any dimensions, loaded with powder, to and from said basin, free of toll: Provided, That no vessel of less than Proviso. fifty tons burthen, shall have a right to pass said lock, at any other time than at or near high water; all vessels, however, lying in said basin, paying to said corporation the customary dockage of the town of Boston, excepting where they shall lay at the wharves of any person, who in such case may charge and receive the same to their own account. And the said corporation may run a dam from Gravelly Point, in said Roxbury, to the dam first above-described, so as to inclose the tide water within tide-mill creek, and may connect the same with the full 168 SPECIAL ACTS. basin on the east, by a canal, of at least one hundred feet wide, to be cut in some convenient place from said creek to the canal by Davis's works in said Roxbury, and may raise the banks of said canal and dike, the borders of the marshes on the easterly bank of said creek, so as to prevent the tide from flowing at Boats may pass any time into the empty basin, and boats and other things may free of toll. pass and repass in said canal at all times free of toll. And if Penalties and said corporation shall fail for the space of three years, from forfeitures. the passing of this act, to secure the tide waters as aforesaid, within said tide-mill creek, and to connect said creek to the said full basin on the' east as is above described, then the legislature may compel the execution thereof upon such terms, and under such penalties and forfeitures, as it may think proper to impose. And the said corporation mnay cut any number of convenient race ways, from the full basin to the empty basin aforesaid, may maintain and keep up all their said works forMay lease and ever, and may lease or sell the right of using the water, and sell the right of using the upon any terms, and in any manner they may think proper; waters. and no person shall have a right to dispose of said water, without the consent of said corporation. May make a SECT. 3. Be it further enacted, That the said corporation road. Ibid. 3. shall have power to make and finish the dam, in this act first mentioned, and connect the different parts thereof by bridges and causeways, so as to render the same a good and substantial road, suitable for the passing of men, loaded teams, carts, and carriages of all kinds, and shall open a road not nmore thai eighty feet and not less than forty-two feet wide, from some point of said dam, where it crosses the marshes in Brookline, to the end of the Worcester Turnpike, near the Punch-bowl tavern, so called, in said Brookline, which road shall be made in a straight line, as nearly as can be done with convenience; and when the road on said dam shall be finished, railed at the sides, and furnished with lamps to the satisfaction of the selectmen of Boston, the said corporation may receive toll for passing over the same, at the same rate as is now granted to the Proviso. Proprietors of the West Boston Bridge: Provided, That no (See ~~ 10 & 11.) n,>t si d a t a toll shall be received as aforesaid, until said damn, and the: dainn SPECIAL ACTS. 169 from Boston to South Boston, with the lock therein shall be completed, in a substantial manner, so as effectually to answer the purposes intended and set forth in the second section of this act. And if said corporation or some person under them, shall not, within five years from the passing of this act, establish mills, employing a power equal to turning twenty pair of common millstones, the legislature may suspend, as long as it shall think proper, the right of said corporation to take any toll as aforesaid. And the proprietors of the marshes in Brook- Tollfreeto the proprietors of line shall have the privilege of passing free of toll to and from marshes in Brookline. their marshes, from and to the upland in Brookline, over said road or dam, and the said corporation shall make and maintain, at its own expense, a suitable number of sloping bridges, leading from the sides of said road and dam to the surface of the marsh land, and convenient to carry off the hay. SECT. 4. Be it further enacted, That the said corporation Rights and privileges. shall be entitled to all the advantages and benefits of the en- Ibid. ~ 4. gagements of the town of Boston with the petitioners of this present act, as the same are expressed in the doings of said town at its meetings of the eleventh of june and twentieth of October last past; but shall have and enjoy the same, however, upon the same terms and conditions, and subject to all the restrictions, expressed in the report of said town committee, and accepted and recorded by the said town, at its meeting last above mentioned. SECT. 5. Be it further enacted, That the Board of Health of Board of Health authorized to the town of Boston, be, and hereby is authorized and empow- cover flats with water. ered to cause the flats, on the westerly side of Boston, within bid. ~ 5. said empty basin, or any portion of them, to be kept constantly covered with water, if, in the opinion of said Board, it shall be necessary to the health of the inhabitants of said town; and for that purpose to cause a dam of a suitable height, at their discretion, to be placed and kept at the sluice gate or gates in the principal dam of said empty basin, in order to retain the water therein, at the sole expense of said corporation. SECT. 6. Be it further enacted, That any person or corpora- Mayappoint a committee to tion, sustaining any damage by the building of said dams, estimate damage. 22 Ibid. ~ 6. 170 SPECIAL ACTS. bridges, or causeways, or from cutting said canal or race ways, or from the exercise of any of the rights and powers, herein given to said corporation, may apply (if within one year from the time any such damage may have happened) to the Court of Common Pleas for the county in which the land lies, for a.committee to be appointed to estimate the damage, and upon.such application, the Court after thirty days' notice to said corporation to appear, and show cause why such committee should not be appointed, shall, if no good cause be shown to the contrary, appoint three or five disinterested freeholders within the same county, at the expense of said corporation, which comnmittee being first duly sworn before some justice of the peace, to be nominated by said Court, and giving due notice to both parties to appear, if they see fit, for a hearing before them, shall proceed to the duties of their appointment; and they shall first inquire, whether any damage has been sustained from the causes aforesaid, and if any, they shall estimate the same, and where the damage is annual, they shall so declare the same in their report, and shall make return of their doings as soon as may be, into the said Court, and upon the acceptance of said report, judgment may be given thereon, with reaProviso. sonable costs to the party prevailing: Provided, however, That either party, after the return of said report, may claim a trial by jury, and the Court shall thereupon stay judgment on said report; and upon such application for a jury, the Court shall issue a warrant to the sheriff of the same county, or if the sheriff shall be interested, then to some coroner, by name, who is not interested, directing him to summon a jury of twelve good and lawful men, which jury shall be sworn, and in all things shall proceed as is above directed, as to said committee, due notice to the parties being first given by the officer, of the time and place of their meeting; and their verdict shall be sealed up, and the officer shall return the same into Court, and judgment may be entered thereon. And if the party applying for a jury shall not obtain, in case it be the original applicant, an increase of damages, or in ease it be the original respondent, a decrease of the damages awarded by the committee, SPECIAL ACTS. 171 such party shall pay reasonable costs of such trial by jury, Costs,&c. otherwise shall recover reasonable costs; and upon any judgment rendered upon the report of such committee on the verdict of such jury, the Court may issue its execution accordingly, and also from year to year where the damages awarded are annual, on motion of the party entitled thereto, and an action of debt may be maintained on such judgment; and if upon notice to said corporation as aforesaid, to show cause why such committee should not be appointed, said corporation shall appear and deny the applicant's title to the land damaged, or claim a title to do what is complained of, without the payment of damages, or for an agreed composition, the Court shall first order a trial of the issue at the bar of said Court, or-if there be an issue in law, shall try it themselves; and in either case either party may appeal to the Supreme Judicial Court, as in other cases; and a certificate of the determination of the Supreme Judicial Court on such appeal, in favor of the original applicant, shall be filed in said Court of Common Pleas, before such committee shall be appointed; and where annual damages are awarded by said committee, or said jury, and judgment had accordingly, each party shall be entitled, after two years, to apply to said Court of Common Pleas, for an increase or decrease of said damages; and thereupon the same proceedings shall be had, as upon the original application. SECT. 7. Be it further enacted, That the stock and property Capital stock of said corporation shall be divided into three thousand five shares. hundred shares, certificates of which shall issue under the seal ~ of the said corporation, and be signed by the President and Treasurer thereof, and said shares shall be deemed and taken to be personal estate, and may be transferred by deed acknowledged before some justice of the peace, and recorded by the clerk of said corporation in a book to be kept for that purpose; and the original subscription for at least fifteen hundred shares, shall be public, and continue open at least ten days, or until the whole shall be subscribed for, the time and place for which shall be regulated as hereafter provided. 172 SPECIAL ACTS. Persons who SECT. 8. Be it futrther enacted, That Isaac P. Davis, Uriah may call a meeting. Cotting, and William Brown, or the major part of them, may. Ibid. ~ 8. call the first meeting of said corporation, by giving seasonable notice of the time and place for the same, in the Columbian? Centinel and Independent Chronicle, printed in Boston; and at the said meeting there shall be appointed, by a majority of votes, a clerk, who shall be duly sworn to record the doings thereof; and also a committee of five persons, who shall direct the time and place for opening the public subscriptions for at least fifteen hundred shares as above mentioned, and shall appoint some person or persons to superintend the same; and shall also direct thle manner in which the other shares may be Proviso. subscribed for: Provided, That no person in any case, shall subscribe for more than fifty shares; and when two thousand shares shall be subscribed for, the said committee shall notify the subscribers to meet at some convenient time and place for the purpose of more fully organizing and arranging the affairs of said corporation, at which meeting every person shall be entitled to a number of votes equal to his number of shares; and the powers and duties of the President and other officers and servants of the corporation, together with the time and manner of choosing, and the number of the same, may be regulated by the by-laws of the corporation. May make SECT. 9. Be it fitrther enacted, That the said corporation assessments, Ibid. ~ 9. or its officers, duly authorized, by its by-laws may make assessments upon the shares subscribed for, for the purpose of effecting the objects of the corporation, and for any other necessary Proviso. purpose: Provided, however, That the whole amount of the assessments on each share shall not exceed the sum of one hundred dollars, after deducting the amount of any dividends previously declared thereon; and in case the amount of one hundred dollars, so assessed upon each share, will not supply the necessary funds, the corporation or its officers duly authorized, may raise the funds required by selling any shares not subscribed for, or by creating and selling any number of shares over and above the said three thousand five hundred. And if the proprietor of any share shall neglect or refuse to pay any SPECIAL ACTS. 173 assessment for the term of thirty days from the time appointed therefor, the share or shares of such proprietor may be sold at public auction, notice of the time and-place of such sale being given by the treasurer of said corporation, in some public newspaper, printed in Boston, three weeks at least previous to the time appointed therefor; and the proceeds of the sale shall be applied to the payment of the assessments due on the share or shares so sold, with incidental charges; and the surplus, if any, shall be paid by said treasurer to the former owner, or his legal representatives on demand; and such sale shall give a good and complete title to the purchaser of such share or shares, and he shall receive a niew certificate therefor: Providcd, however, That Proviso. if before the actual sale of any such share or shares, the proprietor thereof will pay the assessments due thereon, with interest from the time they became due, and all necessary and reasonable charges, the sale shall not proceed. SECT. 10. Be it further enacted, That, whenever the dam When thecorporation may from Beacon Street to Sewall's Point shall be completed accord- receive tolls. ing to the provisions of the act, entitled " An act to establish 1816, 40, ~ 1. the Boston and Roxbury Mill Corporation," and whenever either of the other dams mentioned in said act shall be so far completed, as that mills can be established, employing a power equal to turning twenty pair of common millstones, and said corporation or its assigns shall have actually erected mills employing a power equal to ten pair of common millstones, the said corporation may receive the toll granted by said act: Provided, That nothing herein contained shall be construed to Proviso. exempt them from any of the obligations, penalties, or forfeitures expressed in said act, except only in so far as relates to the said toll. SECT. 11. Be it further enacted, That whenever the dam, The same. now building by the Boston and Roxbury Mill Corporation, from Boston to Brookline, shall be made convenient for travelling thereon, the said corporation may receive the toll granted by the act, entitled " An act to establish the Boston and Roxbury Mill Corporation;" Provided, however, That the legisla- Proviso. ture may suspend the right of taking toll, at any time, before, 174 SPECIAL ACTS. and until the said corporation shall have so far completed one of the other dams, mentioned in the original act of incorporation, as that mills can be established, employing a power equal to turning twenty pair of common millstones; and said corporation, or its assigns, shall have actually erected mills, employing a power equal to turning ten pair of common millstones. Dam may be SECT. 12. Be it fitrther enacted, That the Boston and Roxwidened. 1822, 34, ~ 1. bury Mill Corporation be, and they hereby are tuthorized to widen their dam, leading from Boston to Sewall's Point, so called, in Brookline, by extending it one hundred feet on the northerly side thereof, upon the flats and tide-waters, where it can be done without interfering with the rights of individuals, or other corporations, for the purpose of forming landing-places, making wharves, erecting storehouses, and other necessary Proviso. buildings: provided, that nothing herein contained shall authorize the widening of said dam, in any part thereof, more than one hundred yards to the northward and eastward of the present easternmost sluiceway. Dam from SECT. 13. Be it further enacted, That unless the Boston and Boston to SouthBoston. Roxbury Mill Corporation shall, on or before the first day of 833, 120, ~ 1. February, one thousand eight hundred and thirty-four, determine by legal vote, duly certified and filed in the office of the Secretary of State, to build, and actually commence building, a dam from Boston to South Boston, not northerly or easterly of Boston South Bridge, with gates, sluice ways, and other things necessary to admit and detain the tide waters between said d(am and Boston Neck, at the height of common tides, with a good and sufficient lock, and in all respects as in the act establishing said corporation is provided; and also, unless said corporation shall fully complete the same within two years from the said first day of February one thousand eight hundred and thirtyfour, in either case the right conferred on said corporation to build said dam shall cease and determine, and thereafter become Proviso. forfeited and void: Provided, however, that any of the owners (other than the city of Boston) of land and flats above or southerly of said bridge may, at pleasure, fill up and improve any of their lands or flats without hindrance or molestation, un SPECIAL ACTS. 175 til said corporation shall actually commence building said dam: and provided, also, that nothing herein contained shall be deemed or taken to extend or confirm any rights or supposed rights of said corporation, nor in any way to impair the rights of those who have sustained or may sustain any damages in consequence of the exercise of any of the powers granted to said corporation. SECT. 14. Be it further enacted, That the Boston and Rox- Wharf may be extended to bury IMill Corporation, proprietors of a wharf in the westerly part harbor lines. Of the city of Boston, lying at the westerly end of Beaconl144,58,~ Street, and on the northerly side of said street and the Western Avenue, so called, and extending to, and bounding northerly on, the land now or formerly belonging to Jarvis Braman, are hereby authorized to extend and maintain their said wharf, into the harbor channel as far as the line established by an act entitled " an act concerning the harbor of Boston," passed on the seventeenth day of March, in the year one thousand eight hundred and forty, and by an act entitled " an act in addition to an act concerning the harbor of Boston," passed on the sixth day of March, in the year one thousand eight hundred and forty-one; and shall have the right and privilege of laying vessels at the end of said wharf, when extended, and of receiving dockage and wharfage therefor: Provided, that so much of said Proviso. wharf as shall be erected under this act, north of a line drawn parallel to the north wall of said avenue, and two hundred feet distant therefrom, shall be built on piles; and that no building shall be placed on said wharf south of a line drawn parallel to the line of the north wall of said avenue, and twenty feet distant therefrom, and that this grant shall in no wise interfere with the legal rights of any person or persons whatever: and provided, also, that the authorities of the city of Boston shall have the right to extend Byron Street, so called, to the channel over the land so made, and to lay, continue, and maintain all necessary drains under the same. SECT. 15. The Boston and Roxbury Mill Corporation Tollsnon Western Avenue. shall have the right to demand and receive upon the Western 1850, 182, ~ 1. Avenue, instead of the tolls heretofore established, the tolls 176 SPECIAL ACTS. now by law established upon the bridges of the Hancock Free Bridge Corporation: prorided, that this act shall not extend the time allowed by their present obligations to the Commonwealth or any other party. Acceptance of SECT. 16. This act shall not take effect until it shall have act required. Ibid. ~ 2. been accepted by said corporation, at a meeting called for that purpose. BOSTON WATER POWER COMPANY. ACTS. 3. Increase of capital authorized, to 1. Persons incorporated. May hold enable improvements to be water-power, and lands; and made; rights of flowage to be make flumes, &c., and dispose relinquished; no nuisance to of them. be created. 2. May hold real and personal estate. 4. Legal rights of cities and other parties not to be affected. Call of first meeting. ties not to be affected. ACTS. Persons incor- SECTION 1. Be it enacted by the Senate and House of Repreporated. 1824, 26, ~ 1. sentatives, in General Court assembled, and by the authority of the same, That Thomas Bartlett, Horace Gray, and Nathan Parker, with their associates, successors and assigns, be and they hereby are incorporated, under the name of the Boston Water Power Company, and by that name may sue and be sued, have a common seal, and make by-laws and regulations not inconsistent with the constitution and laws of this Commonwealth, May holdwater and may purchase and hold any quantity of the water power power and lands; and created by the establishment of the dams between Boston and mak&c.nlumes- Roxbury, or any lands contiguous to said dams, or within the pose of them. 1 Act to establish the Boston Water Power Company, 1824, chap. 26. Additional Resolve (see ~~ 3 and 4), 1856, chap. 76. For agreements with the State, City, and Boston and Roxbury Mill Corporation, as to filling of flats, etc., see "Agreements," Post. See also, in Appendix to this Volume, the "Historical References " to the course of action in regard to the filling, and correlative matters. SPECIAL ACTS. 177 limits of the basins connected therewith, or either of them, and may make flumes, canals, and race-ways, and may construct mill-wheels, factories, and other buildings and fixtures, at any convenient places within the limits aforesaid, and may dispose of the same, by lease or otherwise: provided, however, that the Provisos. said company shall not make any such flume, canal or race-way, or construct any such mill-wheel, factory, or other building or fixture, through or upon the land belonging to any city, town, company or individual, without the consent of such owner in writing, to be recorded in the registry of deeds, in the county where the land may be: and provided, also, that nothing in this act shall be construed to extend the rights of the water power so to be purchased and held under the provisions of this act, beyond the rights of water power now possessed by the Boston and Roxbury Mill Corporation, by virtue of the acts establishing the same, or to alter or prejudice the rights of the city of Boston, or of any of the adjacent towns, as they now exist. SECT. 2. Be it further enacted, That the said company may May hold real and personal hold real estate and water power, not exceeding the value of estate. three hundred thousand dollars, at the time of the purchase thereof, and personal estate not exceeding the value of one hundred thousand dollars. And the first meeting of said company Cal offirst c meeting. may be called by any one of the persons herein named, by pub- Ibid. ~ 2. lic notice, printed in any newspaper in the city of Boston, ten days at least before the time appointed for such meeting. SECT. 3. Resolved, That to enable the Boston Water Comn- Increase ofecapipany to fill up and make the avenues and other improvements, to enable improvements to which they have contracted with the Commonwealth to make bemade. by their indenture, dated June ninth, eighteen hundred and fifty- Resolve, ~ 1.856, four, they may increase their capital stock by the sum of two hundred and seventy-five thousand dollars: Provided, however, That the said company, by an acceptance of this Resolve,' shall be held to relinquish to any person or corporation who may become parties to the said indenture, or to any modification I The resolve was duly accepted. 23 178 SPECIAL ACTS. Rights of flow- thereof, made by virtue of the preceding resolve,' the right of age to be relin- t quished. flowage of said company in either basin of said Back Bay, so far as to allow every one of said persons or corporations to fill up their lands or flats, in conformity with such plan as the Committee, before mentioned, may devise, subject to the apNo nuisance to proval of the Governor and Council; and provided, further, be created. that nothing herein mentioned shall authorize said company to create any nuisance on their said lands, and that said company shall be subject, as now, to the control of the Board of Health of the City of Boston, and also of the City of Roxbury, within their respective jurisdictions, according to the laws of the Commonwealth respecting nuisances. Legal rights of SECT. 4. Resolved, That the foregoing resolves shall not cities and parties not to be affect the legal rights of the City of Boston, the City of affected. Ibid. ~ 2. Roxbury, the town of Brookline, or of any other corporation or person, and they shall take effect from and after their passage.' Preceding resolve provides for a committee of the legislature to modify contracts made by the commissioners on the Back Bay, &c. SPECIAL ACTS. 179 BOSTON GAS LIGHT COMPANY. 1 Persons incorporated; powers and 6. $ 175,000 additional capital. privileges; capital $ 75,000. 7. Powers and duties. 2. Directors, shares, and by-laws. 8. $ 250,000 additional capital. 3. Right to sink pipes; Mayor and 9. May extend their pipes into other Aldermen may restrict. towns. 4. Assessments. 10. $ 500,000 additional capital. 5. First meeting. 11. $ 1,000,000 additional capital. ACTS.1 SECTION 1. Be it enacted, 4'c., That WTilliam Prescott, Persons incorAlexander Parris, Bryant P. Tilden, Nathan Hale, John pora1822,41, ~ 1. C. Gray, and all such persons as are, or shall be associated with them, and their successors, be, and they are hereby incorporated for the purpose of furnishing gas light in the city of Boston, by the name of the Boston Gas Light Company; and by that name may sue and prosecute, and Powersand be sued or prosecuted, to final judgment and execution, and privileges. do and suffer all other matters and things which bodies politic may, and ought to do or suffer; and may have and use a common seal, and the same break and alter, at their pleasure; and by their said corporate name, may purchase, take and hold real and personal estate, not exceeding in the whole value, seventy- Capital $ 75,000. five thousand dollars. SECT. 2. Be it further enacted, That the said corporation may Directors, shares, and elect so many directors and other officers, and divide their capi- by-laws. tal stock into such number of shares, and establish and put in Ibid. ~2. execution such by-laws and regulations, as the members thereof may judge necessary; provided, the same are not repugnant to the laws and constitution of this Commonwealth.' Act to incorporate the Boston Gas Light Company, 1822, chap. 41. Additional acts (see ~ 6 and following), 1836, chap. 17; 1837, chap. 74; 1852, 109; 1862, 99. 180 SPECIAL ACTS. Right to sink SECT. 3. Be it further enacted, That the said corporation, pipes. ibid. ~ 3. with the consent of the mayor and aldermen of said city of Boston, shall have power and authority to open the ground in any part of the streets, lanes and highways, in said city, for the purpose of sinking and repairing such pipes and conductors as [it] may be necessary to sink for the purpose aforesaid. And that the said corporation, after opening the ground in the said streets, lanes or highways, shall be held to put the same again into repair, under the penalty of being prosecuted for a nuisance: proMayor and vided, that the said mayor and aldermen, for the time being, Aldermen may restrict. shall at all times have the power to regulate, restrict and control the acts and doings of said corporation, which may, in any manner, affect the health, safety or convenience of the inhabitants of said city. Assessments. SECT. 4. Be itfurther enacted, That said corporation shall Ibid. ~ 4. have full power, from time to time, to make and assess such assessments and taxes, as they shall deem necessary, on the shares in said corporation; and on neglect or refusal to pay the same, to sell such shares at vendue, for the payment thereof, after advertising the same in two of the newspapers published in Boston, for the space of twenty days previous to the sale, paying the overplus, if any there be after the payment of such assessments and taxes, and of the charges of sale, to the owner of the share or shares so sold. First meeting. SECT. 5. Be itfurther enacted, That the said William PresIbid. ~ 5. cott, or Alexander Parris, be, and they are hereby empowered to call the first meeting of the said corporation, by a notification in one of the newspapers of Boston, aforesaid, fourteen days previous to such meeting; and the said corporation, at such meeting, shall agree upon the mode of calling future meetings. S 175,000 ad- SECT. 6. Be itfurther enacted, That the Boston Gas Light ditional capital. 1836,17, ~ 1. Company are hereby authorized to increase their capital stock, by an amount not exceeding one hundred and seventy-five thousand dollars; and to purchase and hold real estate in the county of Suffolk, as part and parcel of their capital, not exceeding one half of their whole capital as provided in this act, and in the act to which this is in addition. SPECIAL ACTS. 181 SECT. 7. The Boston Gas Light Company shall be subject Powers and duties. to all the duties, restrictions, and liabilities, and shall have all Ibid. ~ 2. the powers and privileges, set forth in the thirty-eighth and forty-fourth chapters of the Revised Statutes, passed on the fourth day of November, in the year one thousand eight hundred and thirty-five. SECT. 8. Be it filrther enacted: That the Boston Gas Light $250,000 additional capital. Company are hereby authorized to increase their capital stock, 1837, 74, ~ 1. by an amount not exceeding two hundred and fifty thousand dollars, and to purchase and hold real estate in the county of Suffolk, as part and parcel of their capital not exceeding one half of their whole capital stock. SECT. 9. The Boston Gas Light Company, with the con- May extend their pipes into sent of the selectmen of any town adjoining the city of Boston, other towns. oIbid. ~ 2. may extend their pipes and conductors into such town; and for that purpose shall have power and authority to open the ground in any part of the streets, lanes, or highways of such town; and the said corporation, after opening the ground in any street, lane, or highway, for the purpose aforesaid, shall be held to put the same again into repair, under penalty of being prosecuted for a nuisance. SECT. 10. The Boston Gas Light Company is hereby $500,000additional capital. authorized to increase its capital stock by adding thereto a sum 1852, 109. not exceeding five hundred thousand dollars, and to invest the same in real and personal estate as may be necessary and convenient for the purposes for which they were incorporated; provided, that no shares in said capital stock shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares first issued. SECT. 11. The Boston Gas Light Company is hereby $1,o000,000 additional capital. authorized to increase its capital stock by adding thereto a sum 1862, 99. not exceeding one million dollars, to be paid in at such times and in such amounts as the stockholders may from time to time authorize, and to invest the same in such real and personal estate as may be necessary and convenient for the purposes for which they were incorporated. 182 SPECIAL ACTS. BOSTON WHARF COMPANY. ACTS. 10, 11. Further extension authorized. 1. Persons incorporated; powers and 12, 13. Further extension authorized. duties. 14. Capital stock increased; 240,000. 2. May hold real and personal es- 15. May extend wharf; may receive tate. dockage, etc. 3. Capital stock $ 600,000; assess- 16. Extensions to conform to plan. ments, etc. 17. Right of city to lay out streets. 4. Right of voting. 18. Privileges limited. 5. Existing rights preserved. 19. Company to pay proportion of ex6. May purchase and hold additional pense. flats. 20. May extend wharf. 7. Capital reduced to $ 360,000; lim- 21. To pay proportion of expense of itation of assessments. excavations. 8. Existing liabilities not affected. 22. Not to hold flats in front of other 9. Wharf in South Boston may be persons. extended. 23. Reduction of value of shares. ACTS. Persons incor- SECTION 1. Cyrus Alger, Hall J. How, Josiah Dunham, porated. 1836,259, ~ 1. their associates and successors, are hereby made a corporation by the name of " The Boston Wharf Company," with all the Powers and powers and privileges, and subject to all the duties, restrictions, duties. and liabilities, set forth in the forty-fourth chapter of the Revised Statutes, passed on the fourth day of November, in the year one thousand eight hundred and thirty-five. May hold real SECT. 2. The said corporation may take and hold all or and personal estate. any part of the land and flats, with their privileges and appurIbid. ~ 2. tenances, lying in South Boston, and whereof the said corporation shall legally acquire the property from the lawful owners of the same, that is to say, a parcel of land bounded and described as follows, to wit: beginning at a point about four hundred and 1Act to incorporate the Boston Wharf Company, 1836, chap. 209. Additional acts (see ~ 6 and following), 1837, chap. 70; 1838, chap. 118; 1845, chap. 239; 1850, chap. 246; 1852, chaps. 171, 278; 1854, chap. 218; 1855, chap. 455; 1863, chap. 209. SPECIAL ACTS. 183 seventeen feet easterly of Turnpike Street, and bounding southerly on First Street, about eight hundred and twenty-two feet; easterly on land now or lately of the Glass Company, as far as private rights to said flats extend; and westerly on land now or lately of Winslow and others, as far as private rights to said flats extend; and the said corporation may receive dockage and wharfage for vessels laid at their wharves; iand may, conformably to the provisions of such by-laws as shall from time to time be established by them, make any conveyances of their corporate property, and lease, manage, and improve their said property as they shall deem expedient. And the said corporation may also hold any personal property to an amount not exceeding one hundred thousand dollars. SECT. 3. The said corporate property shall be divided into Number of shares, assesstwelve hundred shares of five hundred dollars each, and assess- ments, etc. ments may be made from time to time thereon, not exceeding ibid. ~ 3. the said sum of five hundred dollars on each share, and in case any proprietor shall not pay such assessments as may be laid on his share or shares, the said corporation may cause the same to be sold by public auction, after fourteen days' notice in one or more daily newspapers published in the city of Boston, and the surplus, if any shall remain after paying the assessments, together with interest and incidental charges, shall, upon request, be paid over to such proprietor, and the purchaser shall be entitled to a certificate of the share or shares so sold; provided, always, that all assessments on the shares shall be Proviso. agreed to by at least two thirds in number of the votes of proprietors present, or represented in writing, at any meeting, of which meeting public notice in one or more daily newspapers published in said city of Boston shall be given seven days at least previously thereto. SECT. 4. Each share in the said corporation shall entitle Iight ofvoting. the proprietor to one vote; provided, however, no proprietor shall be entitled to more votes than one fourth of the whole number of shares. SECT. 5. Nothing herein contained shall be construed to Existing rights preserved. authorize said corporation to obstruct or encroach upon the Ibid. ~ 5. 184 SPECIAL ACTS. channel, or in any way to infringe or interfere with the rights of the Commonwealth in any flats in the harbor of Boston, or with the legal rights of any other person or persons. Company may SECT. 6. The Boston YWharf Company may, in addition to purchase and hold additional the flats described in the act to which this is in addition, pur1837, 70. chase and hold other parcels of flats and land, not exceeding in value the sum of fifty thousand dollars, and not included within the limits described in the act aforesaid, for the purpose of obtaining therefrom, and for no other purpose whatever, the Proviso. materials for filling and completing said wharf: provided, that nothing in this act shall in any way infringe or interfere with the rights of the Commonwealth in any flats in the harbor of Boston, or with the legal rights of any other person or corporation. Capital reduced SECT. 7. The corporate property of the Boston Wharf to $ 360,000. 188, 118, ~ 1. Company shall be, and the same hereby is, reduced to the sum of three hundred and sixty thousand dollars; and the same shall be divided into three thousand six hundred shares of one hundred dollars each; and said shares may from time to time, be Limitation of assessed to an amount, which, together with all assessments assessments. heretofore made on the corporate property of said company, shall not exceed the sum of one hundred dollars on each share; and the said assessments shall be collected in the manner provided for collecting assessments under the act to which this is in addition. Existing lia. SECT. 8. Nothing contained in this act shall be construed bilities not affected. to affect, in any manner, the existing liabilities of the said comlbid. ~ 2. pany or the members thereof. Wharf in South SECT. 9. The Boston Wharf Company are hereby auBoston may be extended. thorized and empowered to extend and maintain their wharf 184, 239. in South Boston, in the direction in which it now runs, as follows, to wit: on the westerly side thereof, by the line established by an act concerning the harbor of Boston, passed on the seventeenth day of March, in the year one thousand eight hundred and thirty-seven, and running from the southerly angle of the above-mentioned commissioners' line, to a point in said line fourteen hundred feet northerly from the said SPECIAL ACTS. 185 angle; and thence easterly to the easterly line of their wharf continued; provided, that the said corporation shall not extend or maintain the extended part of their wharf over any creek or channel, and shall have the right to lay vessels at the sides and ends of said wharf, and receive wharfage and dockage therefor: provided, that the provisions of this act shall in no wise affect the legal rights of any persons or corporations whatever. SECT. 10. The Boston Wharf Company are hereby author- Further extension authorized to extend and maintain their wharf in that part of Boston ized. 1850, 246, ~ 1. commonly called South Boston, in the direction in which it now runs, as follows, to wit:- on the westerly side thereof, by the line established by an act entitled "An Act concerning the harbor of Boston," passed on the seventeenth day of March, in the year one thousand eight hundred and forty, running from the southerly angle of the above-mentioned line to a point in said line, eleven hundred feet (instead of fourteen hundred feet, as is provided in the act to which this is in addition), northerly fromn said angle, and thence easterly to the easterly line of their wharf continued, the provision in said last-mentioned act, relating to a creek or channel, to the contrary notwithstanding; and said last-mentioned act, except as herein modified, is hereby confirmed. Provided, that this grant shall not Proviso. be construed to extend to any land or flats of this Commonwealth lying in front of lands or flats other than those belonging to said company, or which would be comprehended by the true lines of such other lands or flats, extended northerly as far as the point to which said company are hereby authorized to construct their wharf: and provided, also, that this grant shall not Proviso. impair the legal rights of any person. SECT. 11. This act shall not take effect unless it shall be Whentotake effect. accepted by said company within sixty days from the day of its Ibid. ~ 2. passage. SECT. 12. The Boston Wharf Company is hereby author- Furtherextension authorized to extend and maintain its wharf in that part of Boston ized. commnonly called South Boston, as follows, to wit: on the1852,171, ~ 1. westerly side thereof by the line established by an act entitled "An Act concerning the Harbor of Boston," passed on the 24 186 SPECIAL ACTS. seventeenth day of March, one thousand eight hundred and forty, running from the southerly angle of the above-mentioned line to a point in said line fifteen hundred feet northerly from said angle; thence in a line in a southeasterly direction parallel to the line of the westerly part of the street called Broadway, to a point where it would intersect the most easterly line of their present wharf extended; meaning such easterly line as is referred to in an act entitled " An Act in addition to an act to authorize the Boston Wharf Company to extend their Wharf," passed in the year one thousand eight hundred and fifty, and it shall have the right to lay vessels at the end and sides of said May receive wharf, and receive wharfaoe and dockage therefor: p'rovided, wharfage, etc. that said company, before so extending its wharf, shall release to the Commonwealth all right and title which they may have acquired under former legislative acts to land or flats lying outside of said line, extending in a southeasterly direction from Proviso. the point above named: lprovided, also, that this grant shall not be construed to extend to any land or flats of this Commonwealth lying in front of land or flats other than those belonging to said company, or which would be comprehended by the true lines of such other land or flats extended northerly as far as the point to which said company are hereby authorized to extend its wharf: and provided, Jirther, that this grant shall not impair the legal rights of any person. When to take SECT. 13. This act shall not take effect unless it shall be effect. ibid. ~ 2. accepted by said company within sixty days from the date of its passage. $240,000ad- SECT. 14. The Boston Wharf Company is hereby authorditional capital ized to increase its capital stock by an amount not exceeding stock. 185, 278. two hundred and forty thousand dollars, and may invest such increase in real and personal estate, necessary and convenient for the purposes for which it was incorporated: provided, that No shares to be no shares in said capital stock shall be issued for a less sum or issued at less than par value. amount, to be paid in on each, than the par value of the shares as fixed by an act passed in the year one thousand eight hundred and thirty-eight, entitled "An Act in addition to an act to incorporate the Boston Wharf Company." SPECIAL ACTS. 187 SECT. 15. The Boston Wharf Company is hereby author- Mhy extend ized to extend and maintain its wharf in that part of Boston 185,218, ~ 1. called South Boston, to the commissioners' line, of solid filling, established by an act entitled " An Act concerning the Harbor of Boston," passed May twenty-five, eighteen hundred and fiftythree, and shall have the right to lay vessels at the end and sides of said wharf, and receive wharfiage and dockarge therefor: MaY receive dockage, etc. Provided, however, That this grant shall not be construed to Provisos. extend to any flats or land lying in front of the flats of any other persons, or which would be comprehended by the true lines of such flats continued to the commissioners' line; and'proided, also, that this grant shall not impair the legal rights of any person or corporation whatever; and provided, also, that the said wharf shall be bounded on Fore Point Channel by the commissioners' line, established by an act entitled 6"An Act concerning the Harbor of Boston," passed on the seventeenth day of March, in the year of our Lord one thousand eight hundred and forty. SECT. 16. The Boston Wharf Company, in making the Toconformto plan, etc. extensions and improvements authorized by this act, shall con- Ibid. ~ 2. fdrm to any plan which may be adopted by commissioners appointed under the authority of the present legislature, for the improvement of the South Boston Flats on the east side of Fore Point Channel. SECT. 17. The City of Boston shall have the right to lay Right of city to' ~t~lay out streets. out such streets, with sewers under the same, as public conven- Ibid. ~ 3. ience and necessity may require, on the territory over which the Boston Wharf Company is hereby authorized to construct their wharf: Provided, however, that all such streets shall be laid out Proviso. within one year from the passage of this act. SECT. 18. This act shall not authorize said company to Privileges limited. hold any flats,. which shall not be embraced between the true Ibid. ~ 4. lines of its estate, legally extended, nor to interfere with nor to take compensation for any easement which the legislature have, already granted to any railroad or other corporation in or over said flats. 188 SPECIAL ACTS. Companytopay SECT. 19. The Boston Wharf Cornipany shall pay their proportion of expense. proportion of the expenses of making the excavations, set forth Ibid. ~ 5. in the fifth section of the two hundred and fifty-fourth chapter of the acts of the year eighteen hundred and fifty; said proportion to be assessed by the commissioner appointed under said act. May extend SECT. 20. The Boston Wharf Company are authorized to wharf. 1855, 455, ~ i. extend their wharf in South Boston from the line of private rights one hundred rods from high-water mark to the commissioners' line B, established by an act entitled "An Act concerning the Harbor of Boston," approved Miay twenty-fifth, eighteen hundred and fifty-three, and to maintain the same in Proviso. the mode prescribed by law: Provided, however, that thee width of their front, on the line B, shall be of the same width only as the width which may be decided by the supreme judicial court to be the legal width of the line of their legal rights on the aforesaid line one hundred rods from high-water mark; and provided, also, that the flats over which the company are hereby authorized to extend their wharf shall in no part thereof be of any greater width than the width of their legal rights on the aforesaid line one hundred rods from high-water mark. Said cornpany are authorized to lay vessels at the westerly side, and at the end of their wharf, and to receive wharfage and dockage therefor. This act shall take effect from and after its passage. Companyto SECT. 21. The Boston Wharf Company shall pay their pay proportion of expenses. proportion of the expenses of making the excavations set forth Ibid. ~ 2. in the fifth section of the two hundred and fifty-fourth chapter of the acts of the year eighteen hundred and fifty, said proportion to be assessed by the commissioner appointed under said act, and shall build such avenues or streets as the mayor and aldermen of the city of Boston may within five years direct, on property thus made, at their own expense. Comnpanynot SECT. 22. This act shall not authorize said company to to hold certain land or flats. take and hold any land or flats lying in front of the land or flats Ibid. ~ 3. of any other person or persons, or which shall not be embraced between the true lines of its estate, extended as they shall be defined by the supreme judicial court. SPECIAL ACTS. 189 SECT. 23. The Boston Wharf Company is hereby author- Reduction of par value of ized to reduce the par value of the shares of said corporation, in shares authorized. such manner, and upon such conditions, as three fourths of the 186, 209. stockholders of said company present and voting, at a meeting called for that purpose, shall determine: provided, however, that Proviso. said par value shall not be reduced below twenty dollars, and that no assessment shall be laid upon the new shares. SECT. 24. This act shall take effect upon its passage. EASTERN AVENUE CORPORATION. ACTS. 12. Provision extended. 13. Construction of avenues; City of. aBoston authorized to grant aid. 2. May build a solid structure. 14. Time for location extended. 3. May construct pile bridge; width cose' i 15. City of Boston, powers to aid exin crossing commissioners' line; tended. to be parallel with WVest Broad16. Franchise may be transferred to way in crossing flats; width in city; city to be relieved from crossing channel. bond; notice of transfer to be A. May take land for street. 4filed; commissioners on harbors 5. Avenue, &e. 5. Avenue, &c. and flats to approve mode of 6. Free of toll. construction. 7 Corporation to give bond. 17. Powers of City Council in case of 8. Act void, unless avenue is com- transfer; avenue may be laid transfer; avenue may be laid pleted in five years. out as highway. 9. Capital stock $ 1o0,000. 18. City of Boston allowed till March 10. Corporation revived; corporators to organizbewithin six months; 19. Conference with State Commisavenue to be completed in five sioners as to crossing flats of years, &c. the Commonwealth. 11. Westerly terminus changed; location of bridge changed. ACTS,' Corporators. 1852, 148, ~ 1. SECTION 1. Robert Rantoul, jr., Samuel S. Perkins, Benjamin T. Reed, Samuel Leeds, Otis Rich, John P. Monks,' Act to incorporate the Eastern Avenue Corporation, 1852, chap. 148; additional acts (see ~ 10 and following) 1859, chap. 251; 1860, chap. 71; 1861, chap. 79; 1862, chap. 163; 1865, chap. 55; and resolves 1865, chap. 72. 190 SPECIAL ACTS. Joseph W. Ward, their associates and successors, are hereby made a corporation by the name of the Eastern Avenue Corporation, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. May build a SECT. 2. The said corporation is hereby authorized to consolid structure. Ibid. ~ 2. struct and maintain an avenue, to be of solid structure, one hundred feet wide, for a street and sidewalks, commencing at L Street, being a point within the boundaries of the city institutions, in that part of Boston called South Boston, and running thence in a northwesterly direction one hundred rods from highwater mark, or to riparian line, so called; said avenue to be provided with proper draw or draws and sluiceways, which draw or draws or sluiceways it shall be in the power of the legislature to change and widen at the expense of the corporation or their successors. May construct SECT. 3. The said corporation is also authorized and empile bridge. powered to construct and maintain a pile bridge, not exceeding one hundred feet in width, with stone piers one hundred feet wide, and not less than four hundred feet apart, and with suitable draw or draws, which draw or draws it shall be in the power of the legislature to change and widen, at the expense of the corporation or their successors, commencing at the northwesterly end of the solid avenue described in the second section of this act, and running thence in a direct line to the foot of Summer Street, in the City of Boston: Provided, That none of the stone piers aforesaid shall be placed in Fore or Fore Width in cross- Point Channel. And provided, also, that the southerly side of ing commissioners' line. said bridgce, where it crosses the commissioners' line, on the easterly side of Fore Point Channel, shall be twenty-one hundred In crossin, feet from the angle in said commisioners' line; and provided, flats, bridge to be parallel wthfilrther, that the portion of the said bridge or avenue, which way. Broad-crosses the flats, shall be parallel to West Broadway, in said South Boston; and _providced, fitrler, that said bridge where Width in cross- it crosses said channel shall not be more than sixty-six feet " in ing channel. width." _1,1 th. SPECIAL ACTS. 191 SECT. 4. The said corporation may purchase, or otherwise May take land for street. take, any land necessary for the purpose of making a street fifty Ibid. ~ 4. feet wide, from the westerly termination of the bridge aforesaid, authorized by the third section of this act, to Summer Street; and if they shall not be able to obtain such land by any agreement with the owner or owners thereof, they shall pay therefor such damages as shall be estimated and determined, in the manner provided by the laws of this Commonwealth in the case of laying out' and widening streets in the City of Boston; and all damages to the estates of riparian proprietors, or owners, by the construction of any of the structures authorized by this act, shall be estimated and determined in the same manner. SECT. 5. The said avenue, bridge, street, draws, and Avenue, etc. Ibid. ~ 5. sluiceways, shall be constructed under the direction, and to the satisfaction of three commissioners, to be appointed by the governor and council, and to be paid by the said corporation; and the said corporation shall be held liable to keep the same in good repair, and to open the said draws and afford all proper accommodations to vessels having occasion to pass the same by day or by night. SECT. 6. The said bridge, street, and avenue shall be open Free of toll. 0 b ~~~~~~~~~~Ibid. ~ 6. for free travel for the use of the public, without toll or charge therefor. SECT. 7. Before commencing the structures contemplated Corporationto give bond. in the second and third sections of this act, the said corporation lbid. ~ 7. shall give bond, with satisfactory sureties, to the attorney-general of this Commonwealth, ill the penal sum of fifty thousand dollars, that they shall be completed in all respects to the satisfaction of the commissioners aforesaid, and kept in good repair for public travel, and that the draw or draws shall be properly raised for all necessary demands of navigation, until such time as the said structures may be accepted by the City of Boston, which city shall be held to all the duties, liabilities, and restrictions, of the said corporation. And the said bonds shall also be holden as security for the payment of all such damages to individuals as shall be estimated and determined in the manner provided in the fourth section of this act. 192 SPECIAL ACTS. Act void, SECT. 8. If said avenue, bridce, and street, shall not be unless, etc. s Ibid. ~ 8. completed within five years from the passage of this act, then the same shall be void. Capital stock. SECT. 9. The capital stock of said corporation shall not No shares less exceed one hundred and fifty thousand dollars, and no shares than par value. Ibid. ~ 9. shall be issued for a less sum, to be actually paid in on each, than the par value of the shares which shall be first issued. Corporation SECT. 10. The corporation created by chapter one hundred revived. 1859, 251. and forty-eight of the acts of eighteen hundred and fifty-two Surviving cor- is hereby revived, and the parties named in said act, now surporators to organize within or- viving, are hereby authorized to call a meeting to organize said six months. corporation anew, with all the powers conferred by said act: Provided, That said meeting be called, and said corporation be organized, within six months from the passage hereof; and Avenue, etc.,to p'ovided, also, that the avenue, bridge, and street, named in be completed in " five years. said act, shall be completed within five years from the passage Damages. of this act; and povided, also, that the rights of parties to damages, occasioned by the laying out and construction of said avenue, bridge, and street, and the remedies therefor, and for securing the payment of the same, shall, in all respects, be the same as are by law provided in relation to damages occasioned by the laying out and constructing railroads. Westerlytermi- SECT. 11, So much of the act to incorporate the Eastern nus changed. 1860, 71. Avenue Corporation, passed on the twenty-fourth day of April, one thousand eight hundred and fifty-two, as requires their bridge and avenue to run in a direct line to the foot of Summer Street, is hereby repealed; and said corporation are hereby Location of authorized so to change the location of their bridge and avenue, bridge g. that it may run in a direct line either to Drake's Wharf or to Russia Wharf, opposite Congress Street, or to any point between said wharves: Provided, such new location shall be within the commissioners' lines, and the location shall be made by said corporation, and approved by the mayor and aldermen of the City of Boston, within one year from the passage of this act; and provided, also, that nothing contained in this act, shall in any way conflict with the provisions of the one hundred and third chapter of the Resolves of the year eighteen hundred and fifty-nine. SPECIAL ACTS. 193 SECT. 12. The provisions of chapter twenty-one, of the Provisions of Act of 1860 acts of the year one thousand eight hundred and sixty, authoriz- extended. ing the Eastern Avenue Company to change their location, are 9, ~ 1. hereby extended to January first, in the year eighteen hundred and sixty-two. SECT. 13. So much of said avenue as shall be built within Construction of avenue. the commissioners' line, established May twenty-fifth, in the Ibid. ~ 2. year one thousand eight hundred and fifty-three, for solid structure, may, with the consent of the mayor and aldermen of the city of Boston, be built solid; and said city of Boston is hereby City of Boston authorized to authorized to grant aid to said corporation, in such manner, and grant aid. upon such conditions, as the said city may deem expedient: Provided, said avenue shall be constructed with suitable draw or Proviso. draws, and proper sluiceways, which draw or draws it shall be in the power of the legislature to change and widen, at the expense of the corporation, or their successors. SECT. 14. The provisions of chapter seventy-one of the Time for loca tion extended. acts of the year eighteen hundred and sixty, authorizing the 1862,163,~ 1. Eastern Avenue Corporation to change its location, are hereby extended to the first day of March, in the year eighteen hundred and sixty-three. SECT. 15. The provisions of the second section of chapter City of Boston, powers to aid seventy-nine of the acts of the year eighteen hundred and sixty- extended. one, authorizing the city of Boston to grant aid to said corpora- Ibid. ~ 2. tion, in such manner and upon such conditions as the city may deem expedient, are hereby extended so that said city of Boston may render such aid by building said avenue or any part thereof, or otherwise. SECT. 16. The said Eastern Avenue Corporation may Corporation may transfer transfer its franchise and all its corporate rights to the city of franchise to Boston, and said city of Boston may accept the same; but no cbity. compensation shall be paid by said city for such transfer; and upon such transfer, the said city of Boston shall have all the powers and privileges, and be subject to all the duties, restrictions, and liabilities appertaining to the said Eastern Avenue Corporation, except that the said city of Boston shall not be Cityrelieved required to give the bond mentioned in the seventh section of from giving 25 194 SPECIAL ACTS. the one hundred and forty-eighth chapter of the acts of the year In case oftrans- one thousand eight hundred and fifty-two. In case of such fer, notice to be filed with Gov- transfer to the city of Boston' of the franchises and corporate ernor. rights of said corporation, notice of such fact shall be given to the governor by the city of Boston, and in such case the time for location as extended by the first section of this act shall be Commissioners further extended for two years; but said avenue shall be located on harbors and flats to approve with the approbation of, and be built according to specifications mode of con- struction. approved by, the commissioners appointed under the resolves in relation to the harbors and flats of the Commonwealth passed at the present session of the general court. Powers of City SECT. 17. When the city of Boston shall have received Council in case oftransfer. the transfer provided for in the third section of this act, it may Ibid. ~ 4. discharge all the duties incumbent on it, on account thereof, by the city council of the said city, or by any other agency which the said city council shall appoint; and when the avenue shall Aldermen may have been built, the board of aldermen of said city may lay out lay out as highway. the same as a street or highway. City of Boston SECT. 18. The time allowed the city of Boston, as assignees allowed until March 1,'68. of the franchise of the Eastern Avenue corporation, to construct 18i5, 5i. the avenue across South Boston flats, is hereby extended to the first day of March, in the year eighteen hundred and sixtyeight. Conference SECT. 19. Whereas, The charter for the Eastern Avenue with St ate Commissionersas to Corporation, now held by the city of Boston, contemplates the crossing flats of l * this Commonf building of an avenue across flats belonging to the Commonwealth. wealth: Resolved, That the board of commissioners on harbors Resolves 1865, 72. and flats be authorized to confer with the city government of Boston, or any committee thereof, concerning the building of said avenue, with power to give advice and such direction in the construction of such avenue as shall be consistent with the best interests of the Commonwealth and of the harbor of Boston.' The city of Boston became the assignee of the Eastern Avenue Corporation, by order of the City Council, January 2, 1863. SPECIAL ACTS. 195i SOUTH BAY COMPANY. ACT. 3. Capital Stock $ 100,000; no shares to be issued under par. 1. Corporators; powers and duties. 4. Not to infringe upon legal rights 2. May purchase and hold certain of Roxbury. lands and marsh. 5. To take effect on passage. ACT.1 SECTION 1. Uriel Crocker, Eben Jones, and Ellis Gray Corporators. 1853, 344, ~ 1. Loring, their associates and successors, are hereby made a corporation, by the name of the South Bay Company, with all the powers and privileges, and subject to all the duties, liabilities, Powers and duties. and restrictions set forth in the forty-fourth chapter of the Revised Statutes. SECT. 2. Said corporation may purchase and hold the May purchase and hold certain whole or any part of the land and marsh lying at or near the lands and marsh. head of the Boston South Bay, between Dorchester Turnpike, Ibia. ~22. the old road from Boston to Dorchester, Cottage Street, Norfolk Avenue, East Street, and tide water; not exceeding in the whole one hundred and fifty acres, and may grade and otherwise improve the same, and may sell said marsh and land or divide the same, or the proceeds thereof, among the stockholders, after paying all the debts of the corporation, and not otherwise. SECT. 3. The capital stock of said corporation shall not Capital stock. Ibid. ~ 3. exceed one hundred thousand dollars; and no shares in the capital stock of said corporation shall be issued for a less No shares to be issued under amount, to be paid in on each, than the par value of the shares par. first issued. SECT. 4. Nothing contained in this act shall authorize said Not to infringe upon legal corporation to infringe upon the legal rights of drainage, or any rights of Roxbury. other rights of the city of Roxbury, or of any other corporation Ibid. ~ 4.' Act to incorporate the South Bay Company, 1853, chap. 344. 196 SPECIAL ACTS. or person whatever, or to make or extend any wharf, pier, or other structure whatever, into and over tide-water, not now authorized by law. Ibid. ~ 5. SECT. 5. This act shall take effect from and after its passage. SOUTH COVE CORPORATION. ACTS. 8. General landing-place. 1. Persons incorporated; may hold 9. Assessments; sale of shares to real and personal estate to the pay. amount of $ 1,100,000. 10. First meeting; right of voting. 2. Real estate described which may 11. Drains and common sewers. be held. 12. South Cove Company to be mem3. Number of shares. bers, etc. 4. Real estate liable to attachment. 13. Laying out of streets, etc. 5. Directors and other officers. 14. Duration of charter. 6. Depots of railroads, streets, etc. 15. May extend their wharf. 7. Water communication, how preserved. ACTS. l porated. - SECTION 1. Be it enacted, Wc. That John Welles, Edward 1833, 17, ~ 1. Tuckerman, Francis J. Oliver, Edward D. Clark, Henry H. Fuller, and Abraham A. Dame, their associates, successors, and assigns, be, and they are hereby constituted a body corporate, by the name of the South Cove Corporation, and by that name may sue and be sued, prosecute and be prosecuted to final judgment and execution. And said corporation shall have power to make and use a common seal, and the same to break, alter, and renew at pleasure; and may, from time to time, make, ordain, and establish all such by-laws, rules, and regulations as they shall deem expedient and useful to carry into effect the objects of this corporation: Provided the same be not repugnant to the constitution and laws of the Commonwealth. Real and per- And said corporation may purchase and hold real estate, in fee sonal estate. simple or otherwise, to any amount not exceeding in value one million of dollars, and personal estate to any amount not ex1 Act to incorporate the South Cove Corporation, 1833, chap. 17. Additional act (see ~ 15), 1850, chap. 208. SPECIAL ACTS. 197 ceeding in value one hundred thousand dollars, necessary to promote the objects of the corporation; and, in general, may do and suffer all other acts and things which bodies corporate may and ought to do and suffer. SECT. 2. Be itfurther enacted, That said corporation shall Real estate described which have power to purchase, hold, and possess any part or all the corporation may hold. land, wharves, and flats, with the buildings and other improve- Ibid. ~ 2. ments thereon standing, lying easterly of Front Street, southerly of Essex Street, and westerly of Sea Street in the city of Boston-: Provided, said corporation shall legally acquire the same from the lawful proprietors thereof; and said corporation shall have power to grant, sell, and alien, in fee simple or otherwise, the said corporate property, or any part thereof; and to lease, mortgage, improve, or otherwise manage the same, in such manner as may be deemed most for the interest of said corporation, and by such forms of conveyance and contract, as shall by their by-laws be provided. SECT. 3. Be it further enacted, That the stock and property Number of shares. of said corporation shall be divided into not less than eight hun- Ibid. ~ 3. dred nor more than twelve hundred shares, certificates of which shall be issued under the seal of the corporation, and be signed by the president and treasurer thereof, and said shares shall be deemed and taken to be personal estate, and may be transferred by an assignment on the back of the certificate, and recorded by the clerk of said corporation in a book to be kept for that purpose, and shall be liable to attachment on mesne process, and sale on execution, in the manner and according to the form of' the statutes making provision for the attachment and sale of shares of debtors in incorporated companies. SECT. 4. Be it further enacted, That the real estate and Real estateliable to attachproperty of said corporation shall be liable to be attached on ment, &c. mesne process, and be set off and sold on execution against the Ibid. ~ 4. corporation, in the same manner as the property or estate of' individuals is by law subject to mesne or final process. SECT. 5. Be it further enacted, That the immediate govern- Directors and other officers. ment and direction of the affairs of said corporation shall be Ibid. ~e5. vested in a board of not less than seven directors, who shall be 198 SPECIAL ACTS. chosen by the members of this corporation, in the manner herein after provided, and shall hold their offices until others shall be duly elected to fill their places as directors; a majority of whom shall form a quorum for the transaction of business, and shall elect one of their own number to be president of the board, who shall also be president of the corporation; and they shall have authority also to choose a clerk, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bonds to the corporation, with sureties to the satisfaction of the directors, in a sum not less than forty thousand dollars, for the faithful discharge of his trust. And the president and directors aforesaid, for the time being, shall have and exercise, in the name and for the benefit of the corporation, all the powers granted in this act to said corporation, relative to the purchase, sale, and transfer of real estate. Depots of rail- SECT. 6. Be it farther enacted, That the president and roads, streets, &c. t directors of said corporation, for the time being, shall have Ibid. ~ 6. power, and they are hereby authorized to take such measures as they may deem expedient, to procure the location, upon the flats and lands aforesaid, of the railroads proceeding from Worcester and from Providence, to the city of Boston; and for that purpose may give, grant, sell, or otherwise convey to the Boston and Worcester Railroad Corporation, or the Boston and Providence Railroad Corporation, or both, such quantity of ground, lying between Sea Street and Front Street, as shall be necessary for depots, or terminations, of either or both of said railroads; and may enclose said flats with a sea wall, and fill up with mud and earth, and make solid ground for the purposes aforesaid, and may lay out and extend streets in any direction, from or near said depots or termini, to communicate with the existing streets in the vicinity, and may fill up and fully complete the same for public travel, and may fill up and make lots of building ground contiguous thereto, for the use and benefit of said corporation. And should said streets, in the course thereof, cross any land not embraced in the purchases of said corporation, and the same cannot be acquired by voluntary agreement, then, in that case, the owner or owners thereof shall be SPECIAL ACTS. 199 entitled to reasonable damage therefor, to be estimated and recovered of said corporation, in the manner provided by law for the recovery of damages happening by the laying out of highways. And, in consideration of the advantages to be derived from the location and final termination of said railroads, or either of them, upon the lands aforesaid, said corporation may give, in the nature of a bonus, to said railroad corporations, or either of them, such sums of money and parcels of land, together with such other facilities and advantages as may be found useful and profitable to said corporations. And said railroad corporations, or either of them, shall possess and enjoy all the benefit of such gifts, grants, sales, and other accommodations, made to them, or either of them, for the purposes aforesaid; and the right to possess and enjoy the same is hereby vested in said corporations; and all the engagements and agreements of said railroad corporations, or either of them, with said South Cove Corporation, in consideration of the gifts and grants aforesaid, shall, in like manner, be enjoyed by, and secured to said South Cove Corporation. SECT. 7. Be it further enacted, That should it be found Water communication, how expedient, by reason of any defect in the titles to, or contracts preserved. made for any of said estates, or otherwise, to preserve a water communication through the sea wall or streets laid out and made as aforesaid, then, and in such case, said corporation shall leave an opening through such sea wall or streets near the free bridge, sufficiently capacious to preserve the usual flow of the tide waters in said cove, and the passage of vessels to said estates. And said corporation shall construct suitable and convenient draws over the same, which shall, in all respects, be well adapted to the public wants, and shall be holden to maintain and keep said draws in good repair, and shall raise and lower the same, at all times of day and night, for the accommodation of all persons passing through and over the same; and for any neglect so to do, said corporation shall be holden to pay reasonable damage, which may be recovered by an action on the case, before any tribunal competent to hear and determine the same. 200 SPECIAL ACTS. Generalland- SECT. 8. Be it further enacted, That said corporation may ing place. Ibid. ~ 8. locate and set apart such quantity of land, made as aforesaid, as may be necessary for a general landing-place, or place of deposit for wood, lumber, stone, and other bulky articles, which may be transported to or from the interior, on said railroads; and may charge and receive according to the accustomed rates of wharfage in the city of Boston, for the use and privilege of landing thereon. Assessments. SECT. 9. Be it further enacted, That the directors of said Ibid. ~ 9. corporation may make such equal assessments upon the shares aforesaid, from time to time, as they may deem expedient and necessary to effect the objects of the corporation, and may direct the same to be paid to the treasurer thereof, and if the proprietor of any share shall neglect or refuse to pay any assessment, for the space of thirty days from the time the same shall have been Saleofshares due, the directors may order the treasurer to sell said share or to pay assessments. shares at public auction, to the highest bidder, after giving due notice thereof, and the same shall be transferred to the purchaser; and said delinquent proprietor shall be holden to pay said corporation the balance, if his share or shares shall sell for less than the amount assessed thereon, with the interest and cost of sale, and shall be entitled to the overplus, if his share or shares shall sell for more than the assessment due, with the interest and Proviso. cost of sale: Provided, however, That no assessments shall be laid on any share in said corporation of a greater amount in the whole, than five hundred dollars on each share. First meeting. SECT. 10. Be it further enacted, That either of the persons Ibid. ~ 10. named in the first section of this act may call the first meeting of said corporation, by advertising said meeting three times previously, in any newspaper printed in Boston. And the corporation, at their first meeting, and afterwards annually, at such time as shall be established by the by-laws of said corporation, Right of vot- shall choose said board of directors by ballot; each proprietor ing. being entitled to as many votes as he may hold shares in said corporation. Members may vote by proxy in writing. Drains and SECT. 11. Be'itfiirther enacted, That said corporation shall common sewers. be holden to extend and carry out all drains and common sewers Ibid. ~11. which have their present termination in said cove, before they SPECIAL ACTS. 201 shall so fill up said cove as to obstruct and affect their use; and the same shall be done in such manner as shall be approved by the mayor and aldermen of the city of Boston. And if any other drains or common sewers shall from time to time hereafter be made by said mayor and aldermen into said cove, as far as it shall have been filled up at the time of making such other drains or common sewers, and the said corporation shall thereafter further proceed to fill up said cove beyond the termination of such other drains or common sewers, then the said corporation shall be further holden to extend and carry out from time to time, such other drains and common sewers before the said cove shall be farther filled up, so that the said filling up shall not obstruct and affect the use of such other drains and common sewers. SECT. 12. Be itfurther enacted, That all the members of a South Cove Company to be certain joint stock company, called " The South Cove Com- members, &c. pany," are hereby constituted and made members of this cor- Ibid. 12. poration, in conformity with certain principles and provisions, contained in an instrument creating and establishing said company, and bearing the signatures of its several members; and, as stockholders in said company, they shall severally be entitled to corresponding amounts of stock in this corporation, and shall be subject to all the provisions contained in said instrument, and the by-laws of this corporation relative to assessments and transfer of shares; and shall also remain subject to the provisions of said agreement in relation to certain covenants contained therein, with the Boston and Worcester Railroad Corporation. SECT. 13. Be it further enacted, That, before any street or Laying out of streets, &c. streets which may be laid out and made by said corporation Ibid.~13. upon the lands and flats aforesaid, shall be extended across the lands of any individual or corporation, to communicate with any of the existing streets in that vicinity, said corporation shall deposit a plan with the mayor and aldermen of the city of Boston, upon which plan the location of any street or streets contemplated to be made and extended as aforesaid, shall be fully and particularly described. And said mayor and aldermen shall thereupon issue notice in such form and manner as they shall 26 202 SPECIAL ACTS. deem proper and expedient, that all persons interested may appear before them, at such time and place, as said mayor and aldermen shall appoint, to show cause, if any they have, why said corporation should not make or extend such street or streets, across the lands of such person or corporation, agreeably to the provisions contained in the sixth section of this act. And said mayor and aldermen, at the time and place appointed, as aforesaid, shall hear the parties, and determine upon the expediency of extending such street or streets in manner aforesaid. And if, upon such hearing, said mayor and aldermen shall be of opinion that the public necessity and convenience require the extension of such street or streets, they shall have power to authorize the extension thereof. And all streets so authorized shall be taken and deemed to be public highways. Duration of SECT. 14. Be it filrther enacted, That this act shall concharter. Ibid. ~ 14. tinue in force forty years from the passing thereof. iay extend SECT. 15. The South Cove Corporation and the South their wharf. 18s0, 208. Wharf Corporation are hereby authorized to extend the line of the flats and wharf owned by them respectively, on the west side of Sea Street, in the city of Boston, into the harbor channel, as far as the line established by the act entitled "An Act concerning the Harbor of Boston," passed on the seventeenth day of March, in the year one thousand eight hundred and forty, and to use and enjoy said flats according to their respecProviso. tive rights as settled between them: provided, however, that this grant shall not be construed to extend to any land or flats of this Commonwealth, lying in front of the land or flats of any other person or corporation, or which would be comprehended by the true lines of such land or flats continued to said commissioners' line: and provided-, also, that no part of said flats below low-water mark shall be filled up, or made solid, and that any wharf or wharves erected thereon shall be built on piles, which piles shall not be nearer to each other than six feet in the direction of the stream, and eight feet in a transverse direction, and that this grant shall in no wise impair the legal rights of any person. SPECIAL ACTS. 203 TREMONT IMPROVEMENT COMPANY. ACTS. 4. Capital stock $ 300,000. 1. Corporators; powers and duties. 5. Not to infringe on existing rights. 2. May hold real estate in Boston 6. May acquire and convey additionand Roxbury. al land. 3. May lay drains. 7. Captal stock increased $200,000. ACTS.' SECTION 1. John G. Tappan, Daniel Hammond, Lewis Corporators. WV. Tappan, George R. Sampson, John H. Cheever, Sidney B. Morse, Charles McBurney, and Samuel F. Morse, their associates and successors, are hereby made a corporation, by the name of the Tremont Improvement Company, with all the powers and privileges, and subject to all the duties, liabilities, Powers and and restrictions set forth in the forty-fourth chapter of the Revised Statutes. SECT. 2. Said corporation may purchase, hold, and convey May hold real' estate in Boston the whole, or any part, of certain marsh and vacant lands andRoxbury. situated partly in Boston and partly in Roxbury, not exceeding one hundred acres, and limited easterly by Lenox Street, in Boston; southerly by Washington Street, in Boston and Roxbury; westerly by Water Street, in Roxbury; northwesterly and northerly by Cabot Street, in Roxbury, and northerly by Tremont Street, in Roxbury and Boston; and may grade, drain, and otherwise improve said lands, and may divide the same, or the proceeds thereof, among the stockholders, after paying all the debts of the corporation, and not otherwise. SECT. 3. Said corporation may, with the consent of the May laydrains. Ibid. ~ 3. city of Boston and the Boston Water Power Company, make and maintain a drain or drains from the premises aforesaid, through Tremont and Northampton streets, or the lands of the Boston Water Power Company, to tide water.'Act to incorporate the Tremont Improvement Company, 1853, chap. 364. Additional act (see ~~ 6 and 7), 1859, chap. 47. 204 SPECIAL ACTS. Capitalstock SECT. 4. The capital stock of said corporation ashall not $ 300,000, Ibid. ~ 4. exceed three hundred thousand dollars, and no shares in the capital stock shall be issued for a less sum or amount, to be paid in on each, than the par value of the shares first issued. Not to infringe SECT. 5. Nothing contained in this act shall authorize said rights. corporation to infringe upon the legal rights of drainage or any rights.a. 0 O 5. Ibizda 5. other rights of the city of Roxbury or the city of Boston, or of any person or corporation whatsoever. May acquire SECT. 6. The Tremont Improvement Company may purand convey additional land. chase and convey any part of certain marsh and vacant lands 1859, 4 ~1. situated partly in Roxbury and partly in Boston, on the northwesterly side of Tremont Street, and adjoining the land now owned by them: provided, however, the whole amount of land held by said company shall not exceed the number of acres to which they were originally limited by their act of incorporation; and may grade, drain, and improve said lands, and hold or divide the same, or the proceeds thereof, among the stockholders; with all the powers and privileges in regard to such lands, and subject to all the duties, liabilities, and restrictions granted to or imposed upon them by the act of incorporation. Capital stock SECT. 7. Said company are hereby authorized to increase increased increased200,000. their capital stock by adding thereto a sum not exceeding two Ibid. ~ 2. hundred thousand dollars, and to invest such portion thereof in real and personal estate as may be necessary and convenient for the purposes for which they have been incorporated. SPECIAL ACTS. 205 MASSACHUSETTS INSTITUTE OF TECHNOLOGY. ACT. 6. Buildings and grounds to be satisfactory to governor and coun1. Parties incorporatei purposes; cil; rights forfeited when used powers. for illegitimate objects. 2. May hold property to the amount 7. Buildings not to cover but one of $ 200,000. third the area granted. 3. Reservation of land. 8. Lots fronting on the square to be 4. Right to occupy two thirds of said reserved until the square is land on conditions; building to made sightly. be erected, etc. 9. The square and surrounding lots B. Society of Natural History may to be appraised; if land sold do occupy one third of the reser- not realize the appraisement, vation; to erect a building. Societies to pay deficit. 10. Act to be accepted. ACT. SECTION 1. William B. Rogers, James M. Beebe, E. S. Parties incorporated. Tobey, S. H. Gookin, E. B. Bigelow, M. D. Ross, J. D. 1861, 183,~1. Philbrick, F. H. Storer, J. D. Runkle, C. H. Dalton, J. B. Francig, J. C. Hoadley, M. P. Wilder, C. L. Flint, Thomas Rice, John Chase, J. P. Robinson, F. W. Lincoln, Jr., Thomas Aspinwall, J. A. Dupee, E. C. Cabot, their associates and successors, are hereby made a body corporate by the name of the Massachusetts Institute of Technology, for the purpose of instituting and maintaining a society of arts, a museum of arts, and a school of industrial science, and aiding generally, by suitable means, the advancement, development, Purposes, and practical application of science in connection with arts, agriculture, manufactures, and commerce; with all the powers Powers. and privileges, and subject to all the duties, restrictions, and liabilities, set forth in the sixty-eighth chapter of the General Statutes. 1 An act to incorporate the Massachusetts Institute of Technology, and to grant aid to said Institute and to the Boston Society of Natural History, 1861, chap. 183. 206 SPECIAL ACTS. May hold prop- SECT. 2. Said corporation, for the purposes aforesaid, shall erty to the amount of have authority to hold real and personal estate to an amount not $ 200,000. Ibid. ~ 2. exceeding two hundred thousand dollars. Reservation of SECT. 3. One certain square of State land on the Back Bay, land. Ibid. ~ 3. namely, the second square westwardly from the Public Garden, between Newbury and Boylston streets, according to the plan reported by the Commissioners on the Back Bay, February twenty-one, eighteen hundred and fifty-seven, shall be reserved from sale forever, and kept as an open space, or for the use of such educational institutions of science and art as are hereinafter provided for. Right to occupy SECT. 4. If at any time within one year after the passage said land on conditions. of this act, the said Institute of Technology shall furnish satisibid. ~ 4. bid4. factory evidence to the governor and council that it is duly organized under the aforesaid charter, and has funds subscribed, or otherwise guaranteed, for the prosecution of its objects, to an amount at least of one hundred thousand dollars, it shall be entitled to a perpetual right to hold, occupy, and control, for the purposes herein before mentioned, the westerly portion of said second square, to the extent of two third parts thereof, free of rent or charge by the Commonwealth, subject, nevertheless, to the following stipulations, namely: persons from all parts of the Commonwealth shall be alike eligible as members of said institute, or as pupils for its instruction; and its museum or conservatory of arts, at all reasonable times, and under reasonable regulations, shall be open to the public; and within two years from the time when said land is placed at its disposal for Building to be occupation, filled and graded, said institute shall erect and complete a building suitable to its said purposes, appropriately enclose, adorn, and cultivate the open ground around said building, and shall thereafter keep said grounds and building in a sightly condition. SocietyofNatu- SECT. 5. The Boston Society of Natural History shall be ral History may occupy one entitled to hold, occupy, and control, for the objects and purthird of the reservation to poses for which said society was incorporated, and which are erect auilding. more fully set forth in its constitution and by-laws, the easterly portion of said second square, to the extent of one third part SPECIAL ACTS. 207 thereof: provided, that the said society shall, within two years, from the time when said portion of land is placed at its disposal for occupation, filled and graded, erect a building suitable to said objects and purposes, and appropriately enclose, plant, and adorn the open ground around said building, and shall thereafter keep said grounds and building in a neat and ornamental condition. SECT. 6. The rights and privileges given in the last two Buildings and grounds to be sections are granted, subject to these further conditions follow- satisfactory to ing, namely: All buildings whatsoever, which may be erected governor and council. by either of the herein-named institutions, upon any portion of Ibid. ~ 6. said second square, shall be designed and completed, the grounds surrounding said buildings enclosed, laid out and ornamented, and the said buildings and grounds kept and maintained in a manner satisfactory to the governor and council; and, in case Rights forfeited when used fobr either of the said institutions shall, after due notice given, illegitimate neglect to comply with the requirements of this section, or fail objects. to use its portion of said square, or at any time appropriate said portion, or any part thereof, to any purpose or use foreign to its legitimate objects, then the right of said delinquent institution to the use, occupation, or control of its portion of said square shall cease, and the Commonwealth, by its proper officers and agents, shall have the right forthwith to enter and take possession of the portion of land so forfeited. SECT. 7. The above-named Societies shall not cover with Buildings notto cover but one their buildings more than one third of the area granted to them third the area. respectively. Ibid. ~ 7. SECT. 8. The commissioners on the Back Bay are hereby Lots fronting on the square to instructed to reserve from sale the lots fronting on said square, be reserved on Boylston, Clarendon, and Newbury streets, until said until, etc. Societies shall, by enclosure and improvements, put said square in a sightly and attractive condition. SECT. 9. Upon the passage of this act, the governor, with Tle square and surrounding the advice and consent of the council, shall appoint three disin- lands to bed terested persons, who shall appraise the value of all the lands appraised. specified in the third and eighth sections of this act, and make 208 SPECIAL ACTS. If lands sold do a return of said appraisal to the governor and council; and if, not realize the appraisement, when the lands mentioned in section eight shall have been sold, societies to pay the proceeds of such sales shall not be equal to the whole amount of the appraisal above mentioned, then the societies named in this act shall pay the amount of such deficit into the treasury of the Commonwealth, for the school fund, in proportion to the area granted to them respectively. Act to be ac- SECT. 10. This act shall be null and void, unless its procepted. Ibid. ~ 10. visions shall be accepted within one year, by the Massachusetts Institute of Technology, and the Boston Society of Natural History,1 so far as they apply to those societies respectively.; The act was duly accepted by both societies. AGREEMENTS. CITY OF BOSTON, EDWARD TUCKERMAN AND OTHERS, AND THE BOSTON AND ROXBURY MILL CORPORATION. AGREEMENT. The Milldam may be laid out as a Parties. street. Boundary lines fixed. Tide-water not to be let in higher than Mill Corporation to have certain por- three feet above low water. tions of the basin. Further assurances to be made. City and other proprietors to have Executing clause. certain flats. Signatures. City and other parties to have right of Condition: if the Corporation shall drainage; and right to dig earth build on land within 1,650 feet for filling. west of Charles Street, all land Erection of buildings west of Charles between Charles Street and the Street restricted. channel to revert to city. AGREEMENT.1 Memorandum, of an agreement made this twenty-sixth day Parties. of December, A. D. 1826, by and between the city of Boston, 1826, Dec. 26. by a Committee thereto duly authorized by votes of the City Council, copies of which are hereto annexed, of the first part; and Edward Tuckerman, Esq., and others, proprietors of flats and real estate on the easterly and southeasterly sides of the great or receiving basin, so called, of the Boston and Roxbury Mill Corporation of the second part; and the said Boston and Roxbury Mill Corporation by their Committee duly authorized by a vote, a copy whereof is likewise hereto annexed of the third part; each party and each individual of the second part for Agreement between the City of Boston, the Boston and Roxbury Mill Corporation, and Edward Tuckerman and others. Recorded with Suffolk Deeds, Liber 315, folio 278. 27 210 AGREEMENTS. 1826. themselves severally and respectively with each of the other parties. Boundary lines'For the purpose of adjusting and settling all questions and fixed. controversies touching the claims and rights of the respective parties within and about the basin, and of fixing the boundary lines thereof, the parties aforesaid do severally and mutually agree each for themselves respectively with the others and with each of them, that the boundary line between the said city and the said proprietors and the said Boston and Roxbury Mill Corporation, respectively, shall be and hereby is settled as follows, that is to say: Beginning at a point on the dam, six hundred and fifty feet from Charles Street, thence running in a straight (being the first) line, southerly till it strikes the southwesterly line of Castle Street, continued into the basin at a point, twelve hundred feet from Washington Street, as marked upon a plan made by Mr. S. P. Fuller, thence running southwesterly in a straight (being the second) line, through or along land claimed by said proprietors or other individuals, passing through the boundary line between said city and Edward Tuckerman, Esq., at a point twelve hundred feet from Washington Street, and extending until it strikes a point in said city's land, two hundred feet distant from said boundary line last named; then turning and running westerly in a straight (being the third) line, by a cedar post to Northampton Street, as marked on said Fuller's plan; thence northerly along the easterly side of said Northampton Street to the boundary line between Boston and Roxbury. B. and R. Mill And the said parties of the first and second parts do hereby Corporation to have certain severally agree with the said Boston and Roxbury Mill Corporaportions of the basin. tion, in consideration of the several grants, covenants, and agreements of the said corporation hereinafter contained, that the said corporation shall have, hold, and enjoy all the right, title, and interest of every name and nature, which the said city or either of said proprietors of flats and real estate aforesaid, have or ever had in and to the land and space within said basin, lying westerly and'northerly of the three lines first above described, and easterly of the line of Northampton Street above AGREEMENTS. 211 named, excepting the right reserved to the Board of Health, by s1826. the act incorporating said Boston and Roxbury Mill Corporation. To have and to hold the above-granted premises with all their privileges and appurtenances to them the said Boston and Roxbury Mill Corporation, their successors and assigns to their own use and behoof forever, so that neither said city nor either or any of the said proprietors of flats and real estate, nor any person or persons claiming from, by, or under them or either of them shall claim or demand any right, title, use, property, or estate therein forever, excepting the exercise of the rights aforesaid of the said Board of Health and of those hereinafter granted. And in consideration of the premises, the said Boston and City and other proprietors to Roxbury Mill Corporation does hereby agree with the said par- have certain ties of the first and second parts and each of them, that the said ats. city and the said proprietors, parties hereto respectively, shall have, hold, and enjoy all the right, title, and interest whether of property or right of flowage and every other of what name or nature soever which said corporation has or ever had in and to the lands and flats claimed by the said city or the said proprietors, parties hereto respectively, lying between the three lines first described and the adjacent upland, and between said east side of Northampton Street, and the adjacent upland. To have and to hold the same, with all the privileges and appurtenances thereto belonging to them, the said city and the said proprietors separately and respectively according to their several rights and estates in and to the upland, to which the said flats are adjacent respectively, and to their several successors, heirs, and assigns, to their own use and behoof forever, so that neither the said corporation nor any person or persons claiming from, by, or under them shall have claim or demand any right, title, interest, or estate either of property or right of flowage therein forever. And the said Boston and Roxbury Mill Corporation does city and other parties to have hereby covenant, grant, and agree that the said parties of the right of drainfirst and second part, their respective successors, heirs, and age assigns shall have and enjoy forever the right to dig, lay, and 212 AGREEMENTS. 1826. maintain all convenient and necessary sewers or drains from the upland to the channel or deep water within the basin according to law, and the common and usual practice for the time being Right to diig within the city; and shall have and enjoy the right of digging earth for filling. enjoy righ and carrying away in common with said corporation and those whom they may license, mud and earth from the vacant flats within said basin; but this is not to be construed to give said parties of the first and second part any right to dig to a greater depth than the level of the sills of the sluiceways nor within one thousand feet of the main dam or cross dam west of the channel near Charles Street, nor east of said channel within two hundred feet of the main dam, nor for any other purpose than that of filling up and raising the said flats and land bordering upon said basin and belonging to the parties of' the said first and second part, unless said corporation shall otherwise specially consent and agree. Erection of And the said corporation doth further covenant and agree buildings west of Charles with the said city that neither the said corporation or its assigns Street restricted. shall erect any building within said basin in front and west of the city's land on Charles Street, within the distance of one hundred rods from said street unless the said city or its assigns shall erect buildings upon their said land in front and west of said Charles Street; nor will said corporation or its assigns at any time erect any buildings within said basin, between said street and the channel immediately in front thereof, and west of said street, whether said city shall use its said land for building or not. But the erection by the city on their said land of gunhouses, schoolhouses, or other like buildings used exclusively for public purposes, and not for rent or profit, shall not authorize said corporation to build within a hundred rods of Charles Street, and whenever the said corporation shall build in said basin within one hundred rods of Charles Street, the city may build on the whole space which it owned before the signing of this contract, The Milldam between Charles Street and the channel. And the city authorimay be laid out as a street. ties, whenever they shall deem it expedient, may lay out as a free and common highway that part of the road or dam of the corporation which extends from Charles Street to the said chan AGREEMENTS. 213 nel, and when it shall be so laid out, the corporation will place 1826. their toll-house westerly thereof. And the city may then fill up their land opposite to Charles Street so as to connect it with the adjacent dam, and to pass freely to and from the same. And the said corporation agrees that they will not voluntarily Tide-water not'D to be let in let the tide-water into said basin higher than may be necessary higher than three feet above for the common and ordinary use of the mill-power which they low water. have or may have to the injury of any of the parties hereto. Provided, however, That no damages shall be claimed of said corporation, by any of the said parties, unless the water be thus voluntarily raised to a greater height than three feet above the level of low water in the said basin at neap tides. And the said corporation will furnish all reasonable facility not injurious to their own rights or interest, or those of their assigns for floating of scows employed in filling up the said lands of the other parties hereto as aforesaid. And the parties aforesaid do hereby mutually agree each for Further as= -' surances to be themselves respectively with the others, and with each of them, made. that they shall and will respectively make such other and further assurances as shall be necessary and proper to carry this agreement into effect according to the true intent and meaning thereof. In witness whereof, the said committees and the said parties Executing of the second part have set their hands to three several instruments of the same tenor and date, on the day and year first above written, and the said parties of the second part have also affixed their seals. Signed by a Committee of the City Council of Boston, and by Signatures. a Committee of Boston and Roxbury Mill Corporation, and the attorneys for Edward Tuckerman and twelve other riparian owners. It is the understanding of the Committee of the City Council, Condition: if corporation and one of the conditions of their signatures to this instrument, shall build on land within1,650 that in case the corporation shall build on the land west of the feet west of and fifty feet of Charles Street, Charles Street, channel within sixteen hundred and fifty feet of Charles Street, all laed between all the land lying between Charles Street and the channel shall Charles Street and the channel revert and belong to the city in fee-simple forever. to revert to the city. 214 AGREEMENTS. CITY OF BOSTON, AND BOSTON AND ROXBURY MILL CORPORATION. LAGREE7MEN2T. 1Buildings not to be erected within one hundred rods of Charles Parties. Street. Boundary lines fixed. Except for public purposes. Rights of property and flowage City may lay out the dam as a highgranted. way. City to have the right to lay sewers. Tide water not to be let in higher Depth and locality of digging limited. than necessary for mill power. AGREEMENT. This Indenture, made this first day of February, in the year of our Lord one thousand eight hundred and twenty-seven, by Parties. and between the city of Boston of the one part, and the Boston and Roxbury Mill corporation of the other part. Witnesseth: That for the purpose of adjusting and settling all questions and controversies touching the claims and rights of the said parties, and each of them, within and about the receiving basin of said Corporation, and of fixing the boundary lines thereof, the said parties do hereby mutually covenant and agree that the boundary Boundary lines between the said city and the said corporation shall be, and it fixed. hereby is settled, as follows, that is to say: Beginning at a point on the Dam, six hundred and fifty feet from Charles Street; thence running in a straight line, being the first line, southerly, till it strikes the southwesterly line of Castle Street, continued into the Basin at a point twelve hundred feet from Washington Street, as marked upon a plan made by Mr. S. P. Fuller; thence running southwesterly in a straight line, being the second line, through or along land claimed by individuals, passing through the boundary line between said city and 1Recorded with Suffolk Deeds, Liber 314, folio 284. AGREEMENTS. 215 Edward Tuckerman, Esquire, at a point twelve hundred feet 1827. from Washington Street, and extending on the same course until it strikes a point in said city's land two hundred feet distant from said boundary line last named; then turning and running westerly in a straight line (being the third line), by a cedar post, to Northampton Street, as marked on said Fuller's plan; thence northerly, along the easterly side of said Northampton Street, to the boundary line between Boston and Roxbury. And the said city, in consideration of the grants, covenants, and agreements of the said corporation, hereinafter contained, doth hereby give, grant, and convey to the said corporation all the right, title, and interest, of every name and nature, which the said city has, or ever had, in and to the land and space within said basin lying westerly and northerly of the thIee lines first above described, and easterly of the line of Northampton Street, above named, excepting the right reserved to the Board of Health, by the Act incorporating said Boston and Roxbury Mill Corporation. To have and hold the abovegranted premises, with all their privileges and appurtenances, to them, the said Boston and Roxbury Mill Corporation, their successors and assigns, to their own use and behoof forever; and that neither the said city nor any person or persons claiming by, from, or under it, shall have, claim, or demand any right, title, use, property, or estate therein forever, excepting the exercise of the rights aforesaid of the said Board of Health, and of those hereinafter granted. And in consideration of the premises, the said Boston and Roxbury Mill Corporation do hereby give, grant, and convey to the said city, all the right, Rights of property aud riowag title, and interest, whether of property or right of flowage, and granted. every other of what name or nature soever, which the said corporation have, or ever had, in and to the land and flats claimed by said city, lying between the three lines first described and the adjacent upland; and between said east side of Northampton Street and the adjacent upland. To have and to hold the same, together with all the privileges and appurtenances thereto belonging, to the said city, its successors and assigns, to their own use and behoof forever, so that neither the said corporation 216 AGREEMENTS. 1827. nor any person or persons claiming from, by, or under them, shall have, claim, or demand, any right, title, interest, or estate, either of property or right of flowage, therein forever. And the said corporation, in consideration of the premises, doth hereby, further covenant, grant, and agree to and with the said Cityto have the city, that the said city, its successors and assigns, shall have right to lay sewers. lay and enjoy forever the right to dig, lay, and maintain all convenient and necessary sewers or drains from the upland to the channel, or deep water within the basin, according to law and the common and usual practices for the time being within the city; and shall also have and enjoy the right of digging and carrying away, in common with said corporation, and those whom they may license, mud and earth from the vacant flats within said basin. Provided, however, that the said city or its Depth and lo- assigns shall not dig to a greater depth than the level of the cality of diggingil limited. sills of the sluice ways, nor within one thousand feet of the main dam, or cross dam, west of the channel near Charles Street, nor on the east side of said channel, within two hundred feet of the main dam, nor for any other purpose than that of filling up and raising the flats and land borfering upon said basin, and belonging to said city, unless said corporation shall otherwise specially consent and agree. And the said corporation, in consideration of the premises, do further covenant and agree with the said city that neither the said corporation nor their assigns shall erect any building within said basin in front and west of the city's land on Charles Street, within the Buildings not distance of one hundred rods from said street, unless the city or to be erecteds its assigns shall erect buildings upon their said land in front and of Charles west of said Charles Street; and that neither the said corporaStreet, tion nor their assigns shall, at any time, erect any buildings within said basin, between said street and the channel immediately in front thereof, and west of said street, whether said city shall use its said land for building or not. But the erection by the city on its said land of gun-houses, schoolhouses, or Except for pub- other like buildings, used exclusively for public purposes, and lie purposes. not for rent or profit, shall not authorize said corporation to build within a hundred rods of Charles Street; and whenever AGREEMENTS. 217 the said corporation shall build in said basin within one hundred 1827. rods of Charles Street, then all tlhe land in said basin, cast of the following line, that is to say: a line beginning on the'Milldalm, six hundred and ninety feet from the westerly side of Charles Street, and running southerly in a straight course to a point on the line between Josiah Vose's land and the city's land, distant nine hundred and twenty-six feet three inches firom the northerly corner of said Josiah Vose's house on Pleasant Street, measuring on the line of said Vose's land, as marked on the plan of said Fuller, shall revert to said city, and belong to its successors and assigns in fee simple forever, and the said corporation will convey or release to the city accordingly. And the City may lay yt zn ~out the dam as said corporation, in consideration of the premises, do further a highway. covenant and agree that the city authorities, whenever they shall deem it expedient, may lay out, as a free and common highway, that part of the road or dam of the corporation which extends from Charles Street to the said channel; and when it shall be so laid out, the corporation will place their toll-house westerly thereof, and the city may then fill up their land opposite to Charles Street, so as to connect it with the adjacent dam, and to pass fireely to and from the same. And the said corpo- Tide-water not to be let in ration, in consideration of the premises, do further covenant and higher than aoree, that they will not voluntarily let the tide-water into said nemillcsy for basin higher than may be necessary for the common and ordinary use of the mill power which they have, or may have, to the injury of the said city or its assigns. Provided, however, that no damages shall be claimed of said corporation by said city or its assigns, unless the water be thus voluntarily raised to a greater height than three feet above the level of low water in said basin at neap tides. And the said corporation will furnish all reasonable facilities not injurious to their own rights and interests, or those of their assigns, for floating of scows employed in filling up the lands and flats aforesaid of the said city. Duly executed. 28 218 AGREEMENTS. EPHRAIM MARSH AND OTHERS, AND THE BOSTON AND ROXBURY MILL CORPORATION. AGREEMENT. First parties to have right of laying Parties. drains, but with limitation. Boundary lines fixed. Corporation not to let in tide-water Rights of property and flowage higher than necessary for mill granted. power. AGREEMENT.' Memorandum of an agreement made this 30th day of Sep5tember, in the year of our Lord one thousand eight hundred Partiesept 30 and twenty-eight, by and between Ephraim Marsh and others who have or may sign and seal this agreement, proprietors of flats and real estate on the easterly side of the great receiving basin, so-called, of the Boston and Roxbury Mill Corporation, of the first part, and of the said Boston and Roxbury Mill Corporation, by a committee of the Directors of said Corporation, duly authorized by votes of the Corporation and Directors hereto annexed, of the second part, each individual of the first part for himself severally and respectively with the other party. For the purpose of adjusting and settling all questions and controversies touching the claims and rights of the respective parties within and about the basin, and fixing the boundary lines thereof, the parties aforesaid do severally and mutually agree, each of the first part for himself respectively, and the said Corporation by their committee, of the second part, for the said Corporation, by and with the others, and with each of them, that the boundary line between the individuals who have or may sign and seal this instrument of the first part, and the A Recorded with Suffolk Deeds, Liber 358, folio 217. AGREEMENTS. 219 said Boston and Roxbury Mill Corporation of the second part, respectively, shall be and hereby is settled to be their boundary line, as follows, that is to say: A straight line, beginning at Boundarylines zn Y zn In ~~fixed. a cedar post on said dam, six hundred and fifty feet from Charles Street, established as a boundary line between lands of the City of Boston and said Boston and Roxbury Mill Corporation, and continued by a stone post at the bottom of the city's land upon Pleasant Street, to a stone post on Castle Street. it being the same line called the first line in an agreement fixing the boundary lines between lands of said Corporation and the City of Boston and others, which agreement bears date twenty-sixth day of December, A. D. 1826.' Said line shall be the boundary line between the lands of the individuals of the first part, and of said Boston and Roxbury Mill Corporation. And the said individuals of the first part do hereby severally agree with the said Boston and Roxbury5 Mill Corporation, in consideration of the several grants, covenants, and agreements of the said Corporation hereinafter contained, that the said Corporation, shall have, hold, and enjoy all the right, title, and interest of every name and nature which the said individuals, or either of them the proprietors of fiats and real estate aforesaid, have or ever had in and to the land and space within said basin, lying westwardly of said boundary line. To have and to hold Rights of property and flowthe above-granted premises with all the privileges and appur- age granted. tenances to the same belonging to them, the said Boston and Roxbury Mill Corporation, their successors and assigns, to their own use and behoof forever. So that neither of said proprietors of flats and real estate of the first part, nor any person claiming from, by, or under them, or either of them, shall claim or demand any right, title, or property or estate therein forever. And in consideration of the premises, the said Boston and Roxbury Mill Corporation does hereby agree with the said individuals of the first part, and each of them, that the said individuals respectively, shall have, hold, and enjoy all the right, title, and interest, whether of property or right of flowage,'See ante, p. 214. 220 AGREEMENTS. and every other, of what name or nature soever, which the said Corporation has or ever had, in and to the lands and flats claimed by said individuals of the first part respectively, lying eastwardly of said line, and between said line and said individuals' adjacent upland. To have and to hold the same, with all the privileges and appurtenances thereto belonging to them separately and respectively, according to their several rights in and to the upland to which the said flats are adjacent respectively, and to their heirs and assigns, to their use and behoof forever, so that neither the said Corporation, nor any person or persons claiming from, by, or under them, shall have, claim, or demand any right, title, interest, or estate, either of property or right of flowage therein forever. And the said Boston and Roxbury Mill Corporation does hereby covenant, grant, and First parties to agree, that the said individuals of the first part, their heirs and ayine drainsgl, assigns, shall have and enjoy forever the right to dig, lay, and but with limita- maintain all convenient and necessary drains from said upland tion. to the channel or deep water within the said basin according to law, and the common and usual practice for the time being within the City of Boston, and shall have and enjoy the right digging and carrying away, in common with said Corporation and those whom said Corporation has or may license, mud and earth from the vacant flats within said basin. But this is not to be construed to give said individuals of the first part, any right to dig to a greater depth than the level of the sills of the sluiceways, nor within one thousand feet of the main dam or crossdamn west of the channel near Charles Street, nor east of said Channel within two hundred feet of the main dam, nor for any other purpose than that of filling up and raising said flats and lands bordering upon said basin and belonging to said individuals of the first part, unless said Corporation shall otherwise specially Corporationnot consent and agree. And the said Corporation agrees that they water ltgher will not voluntarily let the tide-water into said basin higher than is neces- than may be necessary for the common and ordinary use of the sary for millpower. mill power which they have or may have to the injury of the parties hereto; provided, however, that no damages shall be claimed of said Corporation by any of said parties, unless the AGREEMENTS. 221 water be thus voluntarily raised to a greater height than three feet above the level of low water in said basin at neap tides. And the said Corporation will furnish all reasonable facility not injurious to their own rights or interests, or those of their assigns, for the floating of scows employed in filling up said lands, and of the other parties hereto as aforesaid. And the parties aforesaid do hereby mutually agree, each for themselves respectively, with the others, and with each of them, that they shall and will respectively make such other and further assurances as shall be necessary and proper to carry this agreement into effect. according to the true intent and meaning thereof. Duly executed.''The signers were Ephraim Marsh, Lenuel Pope, Abrm. W. Fuller, Ralph Huntington, Henry Codman, Trustee, Catharine Codman, Trustee, Francis Codman, George Codman, Amos Lawrence, Abbott Lawrence, Nath. R. Cobb, Francis C. Lowell, Henry Purkitt, P. Mackintosh, Jr., and D. Mackintosh. 222 AGREEMENTS. BOSTON AND ROXBURY MILL CORPORATION AND BOSTON WATER POWER COMPANY. AGREEMENT. B. and R. M. Corporation to maintain Preamble. the main dam, except the sluicProperty and rights of B. and R. Mill es, &c. Corporation southerly of the Conveniences for travel not to be main dam and southwesterly erected to interfere with the of the road from Sewall's Point tolls on the dam. to the Punch Bowl tavern, con- Further assignments and assurances veyed to the Water Power Com- to be made. pany; consideration, $175,000. Boston Water Power Co. agree to Strip of land reserved. fulfil the duties and obligaRights of highway over the cross-dam tions of the B. and R. Mill Correserved; rights of widening, poration. repairs, &c. reserved. AGREEMENT. Parties. This Indenture, made this ninth day of May, A. D. eich1832, May 9. teen hundred and thirty-two, by and between the Boston and Roxbury Mill Corporation of the one part, and the Boston Water Power Company of the other part, Witnesseth; Preamble. Whereas, the original act of Incorporation of the Boston ~and Roxbury Mill Corporation, and the subsequent acts in addition thereto, had in view the advancement of two great objects of public interest, the one to authorize and empower the Boston and Roxbury Mill Corporation to erect and maintain dams and roads for the purpose of a public highway, subject to tolls from travellers for the benefit of said Corporation, the othcr for the purpose of creating an extensive tide-water mill power, and as in furtherance of both these objects much money has been expended, property acquired, contracts made, and obligations incurred, and much still remains to be done, and as it is' Recorded with Suffolk Deeds, Liber 360, folio 262. AGREEMENTS. 223 the intention of the parties the better to promote the success of these two objects of public improvement, to separate them as far as can be conveniently done from each other, so that the Boston and Roxbury Mill Corporation shall retain all the property rights, privileges and immunities, and continue still liable to all contracts and obligations which appertain to the making and maintaining said dams and roads as highways for toll, together with all the land, rights, and privileges they now own on the northerly side of their main dam, and other things as specified below, and that said Boston Water Power Company should become the assigns of all the property rights, privileges, contracts and immunities, and should be bound by, and responsible for all contracts, conditions and obligations, and other matters connected with or arising from the creation and support of said tide-water mill power, or the lands and property hereafter assigned them, so as fully in all things touching the same, to stand in place and stead of said Boston and Roxbury Mill Corporation, subject to such modifications and exceptions as are hereafter expressed Now, therefore, be it Property and known, that the said Boston and Roxbury Mill Corporation, R.Zil Corporation southerin consideration of one hundred and seventy-five thousand ly of main dam dollars to them paid by the said Boston Water Power Comn- and southwesterly of the road pany, the receipt whereof is hereby acknowledged, and of their from Sewall's Point to the covenants and agreements hereinafter set forth have granted, Punch Bowl sold, conveyed, assigned, set over, released, and quitclaimed, taveyern con-ater and by these presents do grant, sell, convey, assign, set over, Power co.; consideration, release, and quitclaim, to said Boston Water Power Company $175,o00. all the right, title, interest, and estate corporeal and incorporeal in possession, remainder, reversion in fee or for years, or other estate which said Boston and Roxbury Mill Corporation have in and to all the land and real estate, dikes, dams, canals, raceways, and privileges and other matters belonging to the assigned premises within the towns of Boston, Dorchester, Roxbury, and Brookline, which lie southerly of the main dam of the assigns which runs from Charles Street in Boston to Sewall's Point in Brookline, and southwesterly of the road which runs from the end of said dam at Sewall's Point to the 224 AGREEMENTS. Punch Bowl Tavern in Brookline. Also, all the right, privileges, power and immunities granted at any time by the General Court to said assigns, to make and maintain within said limits, dams, dikes, canals, and other things necessary or convenient to create a mill power, to cut canals, to erect mills, cut raceways, and to support the same, to enclose or exclude the tide-water in the several basins and receivers, and of doing any other matter or thing touching in any way the creation of.a tide-water mill power, and the use, enjoyment, sale or disposition of the same. Also, all similar or analogous rights, powers, privileges and immunities within said limits, derived to said assignors from any city, town, corporation, or individual. Also, all the agreements, covenants, debts, rents, dues,or benefits contained or stipulated for said assignors in any leases, bargains, or other contracts heretofore made touching,or concerning said mill power or the use of the water, or touching the lands and estates, their rights and privileges within said limits above assigned, with all the benefit and advantage, sums of money, forfeitures, or other things to be derived from them hereafter, with full power from said assignors to said assignees, their successors and assigns, in their own name if proper, or that of the assignors if necessary; the same to,claim, demand, sue for and receive and recover, and all entrees'for forfeiture and inspection, or other purpose, to make as the:said assignors might do the whole for the exclusive benefit, use, and advantages, of said assignees, their successors and assigns forever; excepting, however, from the above assignxnent, and conveyance, and reserving to said assignors, their Strip of land re. successors and assigns, the strip of land running from the served. northeasterly end of Gravelly Point into what was formerly known as Tide Mill Lane or Road, in Roxbury, and over which strip the present road in that direction now runs, with the right of making said road ten feet wider on each side, so, however, as not to injure any building now erected thereon; and the grantees and their assigns are always to have the right to make -and repair mill-races and flumes under said road, incumbering the same as little as possible, and repairing the AGREEMENTS. 225 injury they may do the said road. Also reserving to said night of highway over the assignors their successors and assigns an open way and road as cross-dam reserved; a highway to and from their main dam, in and over the top of right of widenthe cross-dam, so called, which connects said main dam with ing, repairs, &c., reserved. Gravelly Point, as the same is now used, in making and main- 1832,,ay 9. taining said road, however, to Roxbury, and widening the same sufficient space for the water to flow in the creeks over which bridges are or may be thrown, is to be left as heretofore, reserving, also, the right of way and use over and upon the adjoining water and land not built on for the purpose of repairing said road on said cross-dam, and for widening and repairing the said road over the said strip of land to Roxbury above reserved. The said assignors likewise, reserve the right of making said Punch Bowl road twenty feet wider in the whole or any part of its length on the southeasterly side, with the right of way and use in and over the adjoining land and water for that purpose, or repairing said road. To have and to hold the above conveyed and assigned premises, and according to the nature thereof to them, the said Boston Water Power Company, their successors and assigns, and to their own use and behoof forever in the same way and manner, in the same estate and subject, on the part of the assignees to the same conditions, limitations, covenants, obligations and duties of every kind, the payment of all damages and taxes included as the same, till the unsealing hereof were had and holden by the said assignors. And the said Boston and Roxbury Mill Corporation cove- B. and R.r. Corp. to mainnant that they will always, at their own charge and cost, sup- taiP tho main port and maintain said main dam, except as to the gates dam, except the sluices, &c. sluices, &c., as hereafter mentioned, in good condition forever, so as effectually to retain the tide-water within the full basin, so called, and to exclude it from the empty or receiving basin, so called, as is now done; any damages to the property or rights of persons, corporation, or estates occasioned by excluding the tide-water as aforesaid to be borne and paid by said grantees. It is mutually understood and agreed, the Boston Water Power Company are at their own cost and charge for29 226 AGREEMENTS. 1832, May 9. ever, to make and maintain all the sluices, gates, and other things necessary for the flowing of the water in or out of said basins, which are now, or according to the agreement below, may hereafter be made in said dam, and the liberty and authority is hereby given them, their servants and agents, to work in and about said dam for the purposes aforesaid; and they are hereby also empowered to enlarge the sluices or gateways for supplying the full basin by making new gates in said darn anywhere between the present gates and Sewall's Point, provided that the whole width of all the filling sluices, including those now in use, shall not exceed three hundred feet, and provided also that they are not to be opened in any part of the dam by which injury would be done to any wharf house, or other building, or improvements which, previously to opening said gates and sluices, shall have been made on the north side of said dam by said assignors or their assigns, or where said assignors have sold any land or privileges north of said dam before the ensealing of these presents, unless the owner shall consent. Conveniences And provided, also, and it is agreed, that said Boston Water for travel not to be erected to Power Company shall by temporary bridges or other convenient nterferellonwith modes, prevent any interruptions of the travel over said dam dam. when building or repairing any of their said gates or sluices, or doing any other thing they have a right to do, and they are forever to support and maintain all such parts of said dam as are essentially necessary for the support of their gates and sluices, and repair all damages which they may do from time to time, in making, repairing, or working in and about said gates and sluices; and they are also to make and forever maintain, at their own expense, a tight, strong, and firm covering over all the gates and sluices made or to be made, and of the width of the dam and of a levee therewith, to support and accommodate the travel; but the top repairs of such covering required from time to time afterwards as a highway, are to be at the expense of the said Boston and Roxbury Mill Corporation. And it is further mutually covenanted and agreed, that all AGREEMENTS. 227 the houses or other buildings'erected by said Boston WVater 1832, May9. Power Company or their assigns southerly of the south wall of said main dam, may have an open way, but at their own expense, to and from such building from and to the said dam, and from and to the road running from the main dam to TideMill Lane, or road so called, in Roxbury; but for passing said dam or road the same toll is to be required as in other cases, but no house or other building is to be erected within twenty feet of the south wall of said dam, and the intermediate space of twenty feet is forever to be left open for a highway, as part of said dam, and for that purpose is to be either filled up or well and firmly arched or bridged, and so forever maintained by the said Boston Water Power Company, their successors and assigns, but the top repairs from time to time, to make the same convenient for a highway, are to be made by the grantors, and neither said grantors or their assigns are at any time to dig or carry away any earth or other material from any part of the empty basin within two hundred feet of the south wall of the main dam, except so far as may be necessary for drains and other conveniences usually attached to buildings. And in order to protect said grantors against the making and using ways and streets by which the payment of toll may be shunned or evaded, the said grantees for themselves, successors, and assigns, covenant that they will not build or erect, or permit any others to build or erect, within two thousand feet of said south wall, any bridges, road, or other thing convenient to travel across the channel, in which are placed the emptying sluices, nor across the large channel next westerly of wliere the city is now filling up its land between said channel and Charles Street; and if any such thing be done, then, in addition to their action at law, the said grantors, their agents or assigns, may remove the same and stop all passing and travel over the same, let the same be made by what person or authority, or by what means soever. And the said Boston and Roxbury Mill Corporation do Furtherassignments and ashereby covenant that they will, at all times hereafter, at the surances to be request of said assignees, make any further assignments and made, 228 AGREEMENTS. 1832, May9. assurances to them, their successors and assigns, and will execute to them all needful deeds of authority and power proper, necessary, or convenient to carry into full effect the intentions of the parties touching the premises, and do also agree that they will prosecute, and, if necessary, in their own name, but at the cost of the other party, the petition which was pending- before the General Court at its last session, for an increase of capacity in the full basin by enclosing Charles River, and, if granted, will assign the right granted to said Boston Water Power Company. Boston Water And the said Boston Water Power Company do hereby Power Co. agrees tofulfil covenant with the said Boston and Roxbury Mill Corporation, the duties and obligations of that they will, in all respects whatever towards the Commonthe B. ad R. wealth, the city of Boston, and all persons or corporations M. Corp. whatever touching the assigned premises, stand in place and stead of said Boston and Roxbury Mill Corporation, and do assume and will be hound by all the covenants, conditions, limitations, obligations, and duties of every name and nature, damages and taxes included, by which said assignors are bound, or to which by law they are subject, touching the said premises, and will faithfully execute and perform the same, and will forever save them harmless, and indemnify them against any damages arising therefrom forever, excepting, however, all damages which Mr. Horace Gray may receive for breach before the date hereof of any covenant by said Boston and Roxbury 5Mill Corporation, are to be borne and paid by said Boston and Roxbury Mill Corporation. Duly executed, etc. AGREEMENTS. 229 BOSTON AND ROXBURY MILL CORPORATION, AND THE BOSTON WATER POWER CO. AGREEMENT. No permanent obstructions to be Parties: Lease of Flats to Water erected within 20 feet of the Power Company. dam. Term: 999 years. Water Power Company to pay the Rent: $ 10 a year. taxes. To keep the sea-wall in order. AGREEMENT.' Now this Indenture witnesseth: That said Boston & Roxbury Parties. Lease of flats to Mill Corporation doth hqreby lease, let, and demise unto said Water Power Boston Water Power Company a certain parcel of flats, de- Company' scribed as follows, to wit: Beginning at the northerly side of the Milldam of said Boston & Roxbury Mill Corporation, at a point distant about forty-seven feet from the westerly end of the stone sluice ways of the receiving basin, then running by said Dam four hundred and thirty-three feet to a point fifteen feet beyond the westerly abutment at the end of the old wooden sluiceways, then turning at right angles and running northwardly two hundred feet, then turning at right angles again and running eastwardly upon a line parallel to Milldam and distant two hundred feet therefrom, to a point opposite the point of beginning; then turning at right angles again, and running southwardly two hundred feet, upon a line meeting the Milldam at right angles, at the point of beginning. To hold for the term of nine hundred and ninety-nine years from the first day Term,999years. of July, in the year eighteen hundred and thirty-seven, the said lessees yielding and paying rent therefor the sum of ten Rent, $10 a dollars per annum for each and every year during said term, year.'Recorded with Suffolk Deeds, Liber 439, folio 269. 230 AGREEMENTS. 1837, July 1. and after the same rate for any part of a year. Provided, however, and this lease is upon the following condition, to wit: that during the term of this lease no building, fence, or other No permanent permanent obstruction shall be erected on said land within obstruction to be erected with- twenty feet of the present north line of the Dam. And the In 20 feetf the said Boston Water Power Company, for itself and its assigns, doth hereby covenant with said Boston & Roxbury Mill Corporation and its assigns, that said Boston Water Power Company will, and its assigns shall, pay said rent annually on demand, on or after the first day of July in each year, during Water Power the term of this lease. That said Boston Water Power ComCo. to pay axes. pany and its assigns will and shall from time to time, upon request by said Boston & Roxbury Mill Corporation and its assigns, pay them such sum or sums of money as shall be equal to the amount that shall be paid from time to time during the said term by the said Boston & Roxbury Mill Corporation, for the taxes and duties that shall be levied or assessed on the demised premises, or any erections or additions that may be made upon or to the same by the said lessees or their assigns for each year and part of a year during the term aforesaid. And further that the said Boston NTater Power Company and its assigns will and shall, at the expiration of said term peaceably yield up all and singular the demised premises to said Boston & Roxbury Mill Corporation or its assigns. And said Boston Water Power Company, for itself and its assigns doth further covenant with said Boston & Roxbury Mill Corporation and its assigns that said Boston Water Power Company and its assigns will and shall, during the term of this lease keep and To keep gea- maintain the said sea-wall and solid structure between said wall wall in order. and the Milldam and next northerly and adjoining said dam, which has been erected in compliance with the foregoing agreement, in such repair and condition as effectually to prevent the tide water from flowing through the same and undermining the Milldam roads. And provided further, that in case of the neglect or refusal of said Boston Water Power Company, after reasonable notice, to repair any damages which may be consequent upon the insufficiency or bad condition of the sea-wall or AGREEMENTS. 231 solid structure aforesaid, or any wilful neglect or default in the 1837, July 1. performance of any of the other covenants on the part of said Boston Water Power Company above contained, or any breach of said condition, then, and in either of said cases, said Boston & Roxbury Mill Corporation, by its servants or agents, or its assigns, lawfully may immediately, or at any time thereafter, and whilst such neglect or default continues, without further notice or demand, enter into or upon the demised premises, or any part thereof, in the name of the whole, and repossess the same as of their former estate, and expel the lessors, or those claiming under them, and remove their effects, forcibly if necessary, without being taken or deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. Duly executed, etc. EPHRAIM MARSH, FRANCIS C. LOWELL, AND THE BOSTON WATER POWER COMPANY. AGREEMENT. First parties to have rights of drainage. Parties. Tide-water, except for mill power, to Boundary lines fixed. be excluded. Mutual release of rights and interests. AGREEMENT. l This Indenture, made this twenty-fourth day of March, Parties. y 18-, March 24. A. D. eighteen hundred and forty-one, by and between Ephrairn Marsh, of the city of Boston, in the Commonwealth of Massachusetts, carpenter, and the several persons whose seals and names are hereto set and subscribed, of the first part, and the Boston Water Power Company, a Corporation established by law in said Commonwealth, of the second part, witnesseth: - That, for the purpose of adjusting and settling all controversy and questions touching the claims and rights of the respective parties within and about the empty basin, and fixing' Recorded wiih Suffolk deeds, Lib. 467, folio 65. 232 AGREEMENTS. 1841, March 24. the boundary lines thereof, the parties aforesaid do severally and mutually agree that the boundary lines between the lands and flats of the individuals who have become parties to this Indenture, and the said Boston Water Power Company, shall Boundary lines be, and hereby is, settled to be as follows, viz: A straight line, beginning at a cedar post on the Western Avenue, six hundred and fifty feet from Charles Street, and continued by a stone post at the most westerly bound of the land of the city of Boston, upon Pleasant Street, to a stone post on Castle Street, it being the same line called the first line in an agreement between the Boston and Roxbury Mill Corporation and said city of Boston and others, dated the 26th day of December, A. D. eighteen hundred and twenty-six. Mutual htrelease And the said individuals of the first part do hereby severally interests, agree with the said party of the second part, in consideration of the several grants, covenants, and agreements of said Boston Water Power Company hereinafter contained, that the said Corporation shall have, hold, and enjoy all the right, title, and interest of every name and nature which the said individuals, or either of them, the proprietors of flats and real estate bounding on said basin, have in and to the land and space within said basin lying westwardly of said boundary line, and do hereby grant, convey, release, and quitclaim the same to the said Boston Water Power Company and their successors and assigns. To have and to hold said lands, space, and flats westward of said boundary line, with the privileges and appurtenances to the same belonging to the said Boston Water Power Company, their successors, and assigns, forever. And the said party of the second part, in consideration of the premises, does hereby agree with the said individuals, parties of the first part, and each of them, that the said individuals, parties of the first part, respectively, shall have, hold, and enjoy all the right, title, and interest, whether of property or right of flowage, and every other of what name or nature soever which the said Corporation has, or ever had, in and to the lands and flats claimed by said individuals of the first part respectively, eastwardly of said line, and between said line and said individuals' adjacent upland, and does hereby release and quitclaim AGREEMENTS. 233 all said Corporation's right over, upon, and to said lands so 1841, March 24. lying as aforesaid, eastwardly of said line to the said individuals, with all the privileges and appurtenances thereto belonging, according to their several rights in and to the upland adjacent to said granted premises, to hold the same to them and their heirs and assigns forever. And the said Boston Water Power Company does hereby nrst parties to covenant, grant, and agree that the said individuals of the first drainage. part shall have and enjoy forever, with their heirs and assigns forever, the right to dig for and lay and maintain all convenient and necessary drains from their said lands eastward of said line to the channel or deep water within the said basin according to law, and the common and usual practice for the time being within said city of Boston. And the said Corporation agrees that they will not voluntarily Tide water, except for mill let the tide-water into said basin higher than may be necessary power, to be for the common and ordinary use of the mill power which they excluded. have, or may have, to the injury of the parties hereto; provided, however, that no damages shall be claimed of said Corporation by any of said parties, unless the water be thus voluntarily raised to a greater height than three feet above the level of low water in said basin at neap tides. And the parties hereto do mutually covenant and agree, each for themselves respectively, with the others, that they shall and will make such other and further assurances as shall be necessary to carry this agreement into full effect, according to the true intent and meaning thereof. In testimony whereof, the said Ephraim Marsh and the other persons, subscribers hereto, have hereunto set their respective hands and seals, and the said Boston Water Power Company have caused this Indenture to be executed, by being signed by Lemuel Pope, of said Boston, President of said Corporation, and the Corporate seal of said Company being hereto affixed on the day and year first above written. Duly executed.' Signed by Lemuel Pope, President of the Water Power Company, on 24th March, and by Ephraim Marsh and Francis C. Lowell, on 23d April. 8{0 234 AGREEMENTS. THE COMMONWEALTH AND THE BOSTON WATERPOWER COMPANY. AGREEMENT. cording to Commissioners' Parties. plans. 1. Commonwealth relinquishes to 7. Water Power Company to build Water Power Company all avenue No. 1 and part of No. claim to certain lands and flats, 2, according to direction of excepting avenues, etc. Ave- the Commissioners. nues located. 8. Water Power Company and third 2. Water Power Company relin- parties to complete avenues quishes to the Commonwealth within a fixed time. all claim to certain lands and 9. Commonwealth may enforce comflats. pliance with plans; and, if 3. Third parties release claims; parties neglect, at their exCommonwealth releases chan- pense. nels, etc., to third parties. 10. Water Power Company to keep 4. Water Power Company grants the sluiceways open. right of filling up the basin to 11. Indenture to take effect upon third parties. signature; and then owners I. Commonwealth not to take more may become parties at discrethan one third of land for tion of Commissioners. streets. Water Power to be 12. Improvements requiring co6peraundisturbed. tion of third parties may, if 6. Water Power Company and third they neglect, be carried out parties to fill up and drain ac- at their expense. AGREEMENT.: Parties. This Indenture of three parts, made and concluded this ninth 1854, June 9. day of June, A. D. 1854, by and between the Commonwealth of Massachusetts, acting by John A. Bolles, Giles H. Whitney, and William H. Swift, the Board of Commissioners of said Commonwealth, appointed under and in pursuance of the Resolves concerning Boston Harbor and the Back Bay, approved May 20, 1852, of the first part, the Boston Water Power Com1 Indenture of June 9, 1854, between the Commonwealth, the Boston Water Power Co., and other parties, recorded with Suffolk Deeds, Liber, folio AGREEMENTS. 235 pany of the second part, and all such other owners or claimants, 1854. June 9. individual or corporate, of lands or flats in the Back Bay as shall, by signing this Indenture, become parties hereto, of the third part, witnesseth as follows, to wit: - ARTICLE 1. That in consideration of the grants, releases, cove- Commonwealth relinquishes to nants, and agreements in this indenture contained and set forth, Water rower Company certhe said Commonwealth doth hereby release and forever quit- tainlands and claim to said Boston Water Power Company, its successors and flats; excepting avenues, &c. assigns, subject to the provisions of article third of this indenture, and subject, also, to all the avenues as public highways, and to all the railroads laid down on the plan hereto annexed, so long as the same shall continue, all the right, title, interest, and estate of said Commonwealth in and to all lands, channels, and flats situated in the empty basin, so called, in the Back Bay, lying below the riparian line and easterly of avenue number four, and southerly of a line drawn from avenue numbered four to Providence Street, parallel with avenue numbered two, and one hundred and fifty feet south thereof; and in and to all land, channels, and flats in said basin lying westerly of a line extending at right angles, from the Milldam parallel with avenue numbered six, to avenue numbered five, starting at a point on said dam distant eastwardly thirteen hundred and fifty-seven feet from the junction of the east line of the cross-dam continued with the south line of said Milldam continued, and lying northerly of avenue numbered five, and southerly of the said Milldam, and easterly of the cross-dam, and in and to the land, channels, and flats south of avenue numbered two, north of the Boston and Providence Railroad, and east of avenue numbered one; subject to the rights of way hereinafter described, said several avenues being the same so numbered on the plan hereto annexed: upon which plan are laid down six avenues, numbered one, two, three, four, five, and six, situated and described as follows, viz: — Avenue number one begins at the harbor line, on the north- Avenues located. erly side of the Milldam, and, crossing the dam at right angles, runs, in the same course, southerly, of the width of eighty feet, 236 AGREEMENTS. 1854 June 9. to the Tremont Road: the point where the easterly line of the said avenue intersects the southerly wall of the dam, being, as measured on said wall, four hundred and ninety-one 5~4 feet westerly of the western wall of the Public Garden. Avenue number two begins at the westerly end of Boylston Street, and runs westerly, at right angles with avenue number one, of the width of eighty feet, to tide-mill road or the crossdam on Gravelly Point: its southerly side being an extension in the course above described of the southerly line of Boylston Street. Avenue number three begins on avenue number one at a point three thousand two hundred and thirty-eight 62 feet southerly from the south wall of the Milldam, and runs westerly, of the width of eighty feet to the Dike. Avenue number four, beginning at the harbor line, north of the Milldam, crosses the dam at right angles, and runs southerly, of the width of one hundred and twenty feet, parallel with avenue number one, to the Tremont Road; the point where its easterly line intersects the southerly wall of the dam, being two thousand one hundred and two 6z70 feet westerly of the west line of avenue number one. Avenue number five, beginning on the westerly line of said avenue number one, at a point five hundred and ninety-two -Po-6 feet distant southerly from the south wall of the Milldam, runs westerly, of the width of one hundred and twenty feet, parallel with avenue number two and the Milldam, to the cross-dam. Avenue number six, beginning at the harbor line north of the Milldam, crosses the dam at right angles, its easterly line intersecting the south wall of the dam at a point thirteen hundred and fifty 1-4 feet westerly of the west line of avenue number four, and runs southerly, of the width of one hundred feet, parallel with avenue number four, to the Tremont Road:To have and to hold said released premises unto the said Boston Water Power Company, its successors and assigns, to their own use and behoof forever. Water Power ARTICLE 2. That in consideration of the release aforesaid, the Company relinquishes to said Boston Water Power Company hereby releases and forever AGREEMENTS. 23 7 quitclaims to said Commonwealth and its assigns, all the right, Commonwealth' 0 certain lands title, interest, and estate of said Company, in and to all land, andflats. channels, and flats, in said empty basin lying below said ripa- 1854,June 9. rian line, and southerly of the Milldam, excepting those lands which are by article first of this indenture released by said Commonwealth to said Company, so far as to allow the Commonwealth and its assigns, and each and every person or corporation who shall become a party to this indenture, and their several and respective heirs, executors, administrators, successors, and assigns, to fill up his or their lands and flats within said Back Bay, in conformity with the plan hereto annexed, and such further plans as said Commissioners, or their successors in office or authority, shall devise, adopt, and prescribe, and in accordance with the provisions of this indenture; and so far as to allow said Commissioners, and their said successors, to execute or cause to be executed, any lake, pond, reservoir, or other public improvelnent, which they may desire and design in pursuance of said resolves and of this indenture; and also all right, title, and interest in that tract of land bounded north by the Milldam, west by avenue numbered one, east by the Public Garden, and south by the southerly line of avenue numbered two; and also the right through any sluiceway in the dam, or any water-way that may be constructed through the dam or cross-dam under avenues numbered one, four, five and six, and through any sewer or drain constructed as hereinafter provided, to receive and discharge, at any and all times, the water needful for filling or emptying any such sewer or drain, or any of the lakes, ponds, reservoirs, or improvements aforesaid; and also the full and free right of way, in common with every other party hereto and their assigns, over and upon all spaces marked' and laid down as avenues on the plan hereto annexed. To have and to hold said released premises to said Commonwealth and its assigns forever. ARTICLE 3. That, for the considerations aforesaid, the said Third parties several persons and corporations, Farties hereto of the thirdreleaseclaims part, do hereby severally and respectively release and forever quitclaim to said Water Power Company, its successors and as 238 AGREEMENTS. 1854, June 9. signs, one undivided half part of all such portions of land owned by said parties of the third part, respectively, as are situated below said riparian line, and within the limits of release from said Commonwealth to said Company, described in article first of this indenture, and to said Commonwealth and said Company respectively, and their respective successors and assigns, all such portions of land owned by said parties of the third part, respectively, as are situated above said riparian line, and east of avenue numbered four, and west of avenue numbered one, and north of avenue numbered three, and south of the Milldam, and lying within the several and respective lines of release described in articles first and second of this indenture; and also the right of way to said Commonwealth and its assigns, and to every other party hereto and his respective successors and assigns, over all avenues or streets laid down on the plan hereto annexed; for the purposes of this article the line marked red on the said annexed plan, being taken by all parties hereto to be the line of riparian proprietorship. To have and to hold said released premises to said Commonwealth and its assigns, and to said other releasees and their respective heirs, executors, administrators, successors, and assigns forever. Commonwealth And, for the considerations aforesaid, the said Commonwealth releases certain channels, &c., doth hereby release and forever quitclaim to the several and reo thirdparties. spective persons and corporations who may, as riparian owners of land and flats on the westerly side of the empty basin in the Back Bay, become parties hereto, by signing this indenture, all the right, title, interest, and estate of said Commonwealth in and to any and all channels, guzzles, and flats, in said empty basin lying south of avenue numbered five and west of avenue numbered four on said plan hereto annexed, and which would be included within and between the several and respective boundary lines of the said parties legally produced and extended to the avenues aforesaid; and doth also hereby release and forever quitclaim to the several and respective persons and corporations who may, as riparian owners of land or flats on the easterly side of said empty basin, become parties hereto in manner AGREEMENTS. 239 aforesaid, all the right, title, and interest of said Common- s1854,Juneg. wealth in and to all guzzles, flats, and channels in said empty basin, east of avenue numbered one and south of avenue numbered two on said plan, which would be included within and between the several and respective boundary lines of said parties, produced and extended in their legal directions to said avenue numbered one:To have and to hold said released premises to said several and respective persons and corporations within their several and respective limits, and to their respective heirs, executors, administrators, successors, and assigns, forever. ARTICLE 4. That, for the considerations aforesaid, the said Water Power Co. grants the Boston Water Power Company doth hereby grant, sell and assign right of filling to said Commonwealth and its assigns, and to each and every of the basin to the other persons and corporations party hereto, their heirs, executors, administrators, successors, and assigns, the right of flowage of said Company in either basin in said Back Bay, so far as to allow each and every one of said other parties, his heirs, executors, administrators, successors, and assigns, as fast as he or they may desire, to fill up his said land and fiats in conformity with such plan or plans as said Commissioners, or their successors, may have devised or shall devise and adopt, and in accordance with the provisions of this indenture: provided, however, that no person or corporation claiming lands in said empty basin, below the riparian line, under title adverse to the Commonwealth, shall be allowed to fill up his said lands, as herein provided, until such person or corporation shall have become party hereto, or shall have agreed with said Commonwealth and said Company, to execute releases to said Commonwealth and said Company, as described in article third of this indenture, whenever and as soon as the judgment or decree of the Supreme Judicial Court, or the award of Referees chosen for that purpose, shall have determined that such claimant has any such right, title, or interest in said premises which can be released as herein provided. To have and to hold the same to said several and respective persons and corporations, their heirs, executors, administrators, successors, and assigns, forever. 240 AGREEMENTS. Commonwealth ARTICLE 5. That, for the considerations aforesaid, the said not to take morethanone Commonwealth doth hereby covenant and agree to and with third of land for streets. each and every of the other persons and corporations, parties 1854, June 9. hereto, and their several and respective heirs, executors, administrators, successors, and assigns, that said plans, devised or to be devised, by said Commissioners and their successors, shall not require for streets or other public use more than one third part of the land and flats of either of said parties included within said plans, - reckoning as part of said third all avenues or portions of avenues to be, by said parties of the second and third parts, constructed in accordance with this indenture: and that, in order that the water power be not needlessly injured or diWaterpower to minished, all streets and avenues shall be so laid out and arbe undisturbed. ranged by said Commissioners and their successors upon their said plans, as to allow the flow of water to and from the mills of said Boston Water Power Company' and its lessees, under or across said streets and avenues, and over all such spaces in the Back Bay as are not, from time to time, actually filled up, or in process of being filled or set apart for any public improvement, conformably to the provisions of this indenture so far as may be consistent with the system of drainage that may, by said Commissioners or their successors, be established as hereinafter provided, and that the said Commissioners or their said successors will, within ninety days after the approval of this indenture by the Governor and Council, furnish so much of their plan as shall be applicable to that part of the lands of said corporation situated in the empty basin and lying south of the Boston and Providence Railroad, and east of the junction or crossing of said railroad and of the Boston and Worcester Railroad, and the portion of their plan applicable to the remainder of said corporation's lands in said basin within two years after the said approval. Water Power ARTICLE 6. That, for the considerations aforesaid, the said Co. and third parties tofillup Boston Water Power Company, for itself, its successors and acond draing toCom- assigns, and the said parties hereto of the third part, for themmissioners' selves and their respective heirs, executors, administrators, suecessors, and assins, do hereby severally ans. cessors, and assigns, do hereby severally and respectively cove AGREEMENTS. 241 nant and agree, to and with said Commonwealth and its assigns, 1854, June 9. that they will, and their several and respective heirs, executors, administrators, successors, and assigns, shall fill up, lay out, and drain their respective lands already made, and all other their lands and flats within the Back Bay, or laid down upon or included within the Commissioners' said plans, conformably to such directions and plans, as to materials and height of filling, mode of drainage, location and arrangements of streets, squares, and other public areas, and as to the location and construction of sluices, culverts, bridges, and other public improvements, as may, under the said resolves and according to the provisions of this indenture, be prescribed by said Commissioners or their successors, and duly made known to said parties. AnTICLE 7. That, for the considerations aforesaid, the said Water Power Co. to build AvBoston Water Power Company, for itself and its successors enue No. land and assigns, doth hereby covenant and agree, to and with said part of No. 2, _ Z,_ according to diCommonwealth and its assigns, that said Company will, and rection of the Commissionits successors and assigns shall, within such time as said Com- ers. missioners or their successors shall, in writing, direct and notify, complete, to the satisfaction of said Commissioners, under their direction, and according to their plan, all that portion of the avenue numbered one on the plan hereto annexed, and the sewers, drains, culverts, and bridges connected therewith, which extends from the line of said Company's land near the Tremont Road to avenue numbered two on said plan, and also the southerly half part of said avenue numbered two, from the end of Boylston Street to said avenue numbered one. ARTICLE 8. That, for the considerations aforesaid, the said WaterPower Co. and third Boston Water Power Company, for itself and its successors partiesto com and assigns, and the several other persons and Corporations who Plete avenues, shall become parties hereto, of the third part, for themselves fixedtime. and their several and respective heirs, executors, administrators, successors, and assigns, do hereby severally covenant and agree, to and with said Commonwealth and its assigns, that they will respectively, within the periods specified in this article, complete to the satisfaction of said Commissioners or their successors, at their own several and respective cost and charge, 31 242 AGREEMENTS. 1854, June 9. all such portions of the following avenues, including all sewers and drains, sluices, culverts, and bridges appurtenant to said portions, as are, or may be, laid out wholly upon their several and respective lands and flats, or on or under said cross-dam, namely, avenue numbered two on the plan hereto annexed, within three years from the first day of May, A. D. 1854, avenues numbered three and four on said plan within five years, and avenues five and six on said plan within six years from said date, or within such longer time as said Commissioners or their said successors shall hereafter prescribe, and will and shall in like manner make any alteration of sluices, culverts, and bridges, in size, structure, or position, connected with either of said avenues, as may, in the judgment of said Commissioners, or their said successors, be needful for the flowage described in the fifth article of this indenture; and that they will and shall in like manner, within said several and respective periods, and at their several and respective cost and charge, severally complete one hilf part of all such portions of the aforesaid avenues, sewers and drains, sluices, culverts, and bridges, as bound or touch upon their said several estates: it being understood that full power is reserved by said Commissioners at any time, to vary either of said avenues within the line of the Commonwealth's land, or, by his consent, within the limits of any other party hereto. Commonwealth ARTICLE 9. That, for the considerations aforesaid, it is heremay enforce compliance by covenanted and agreed by each and all of said persons and with plans;and corporations, parties hereto of the second and third parts, for if parties neglect, at themselves severally and respectively, and their respective heirs, their expense. executors, administrators, successors and assigns, to and with said Commonwealth and its assigns, that said Commonwealth by said Commissioners, or by such other agents as may by law be thereto authorized, may, at any and all times hereafter, enforce a compliance with, and a full execution of, the said plans of said Commissioners and their successors, in regard to the filling up of the land and flats aforesaid, and laying out and construction of streets, squares, ponds, sluices, culverts, drains, sewers, bridges and other public improvements, in, upon, and AGREEMENTS. 243 over the lands and flats included in said plans, and for this pur- 1854, June 9. pose may enter upon the said lands and flats, and remove therefrom any building or other structure, or obstruction interfering with said plans; and that said Commissioners or their said successors in authority, after due notice to any of said parties who shall, in the judgment of such Commissioners or of their successors aforesaid, unreasonably delay or neglect to keep and perform the covenants and undertakings of this indenture, may proceed, in such manner as they may deem proper, and at the expense of the party so neglecting or delaying, to construct and complete any of the avenues laid out and numbered on the plan hereto annexed, together with any or all sluices, culverts, drains, sewers or bridges, forming parts of said Commissioners' said plans, according to the true intent and meaning of this indenture; and that the lands and flats of each of said parties of the second and third parts hereof within said plans, shall forever remain subject to the covenants of this indenture on the part of such party, his heirs, executors, administrators, successors and assigns, to be kept and performed. ARTICLE 10. That, for the considerations aforesaid, the Water Power Co. to keep said Boston Water Power Company, for itself, and its succes- sluiceways sors and assigns, doth hereby covenant and agree, to and with on. said Commonwealth and its assigns, that until the whole of the lands and flats in the Back Bay are filled up and laid out as herein provided, or until said Water Power Company shall surrender its mill franchise, said corporation, its successors and assigns, will and shall, subject as now to the control of the board of health of the city of Boston, keep and maintain in good condition, the filling sluices of both basins in said Back Bay, and also the emptying sluices of the empty basin, and so regulate the flow of water into, through, and from said basins, as to prevent any nuisance or inconvenience to the public health or comfort, so far as the same may depend on the said flow of tide waters, and in such manner, also, as to secure, according to the said Commissioners' said plans, and to their satisfaction, an efficient system of sewerage and drainage, so far as the same 244 AGREEMENTS. 1854, June 9. may depend upon the ebb, flow, and circulation of tides and tide waters. Indenture to ARTICLE 11. That for the considerations aforesaid, it is take effect upon signature. hereby mutually agreed by and between the actual parties hereto, that this indenture shall, in all its parts, take immediate and full effect upon each and all of said parties, their heirs, executors, administrators, successors and assigns, so far as the said party or his interests are concerned, upon the execution thereof, and shall not await or remain dependent upon the signing, sealing, acknowledgment, or delivery of said indenture by Other owners any other party; and that any person or corporation owning or may become p parties atdis- claiming land in the Back Bay, may, at any time hereafter, at cretion of Commissioners. the discretion of said Commissioners or their said successors, but not otherwise, become parties hereto, and receive and enjoy the full benefit of the releases, covenants, and agreements herein contained and set forth, subject to all the duties and obligations herein created and imposed. Improvements ARTICLE 12. And for the considerations aforesaid, it is requiring co-operation of third hereby mutually covenanted and agreed, that where any avenue parties may, if they neglect, be laid out on the plan hereto annexed, or any culvert, sluiceway, carried out at their expense. sewer, drain or bridge, that may by said Commissioners or their successors, be prescribed as part and portion of said avenues, or any sewer or drain that may, by said Commissioners or their successors, be deemed needful for the system of drainage aforesaid, in pursuance of said resolves, and in conformity with the provisions of this indenture, requires for its completion the co-operation of two or more parties hereto of the second and third parts, because bounding upon or touching their estates; where the same are conterminous, either of said conterminous owners may give notice in writing, to the other or others so bound to co-operate, of his desire and intention to proceed in constructing and completing the same at joint expense and in ratable proportion, and if the party or parties so notified shall refuse or neglect to comply with said notice, the party giving such notice may proceed to construct and complete the whole of such public improvement upon the said conterminous prop AGREEMENTS. 245 erty, and may and shall recover of the delinquent party or 1854,June9. parties, his or their f4il, ratable and distributive share of the cost of such work, with interest upon such share at the rate of ten per cent per annum. Duly executed.1 THE COMMONWEALTH AND THE BOSTON AND ROXBURY MILL CORPORATION. AGREE-MENT. 3. Boston and Roxbury Mill Cor1. Parties: Commonwealth releases poration to drain certain lands, to the Boston and Roxbury according to plans of CommisMill Corporation certain lands; sioners; to surrender franchise reserving rights of drainage. of toll in certain events; may 2. Boston and Roxbury Mill Corpo- arrange with any city or town ration releases to Common- for maintaining the dam, roads, wealth the Milldam; excepting and bridges. rights of way, toll, and flowage; 4. Commonwealth may enforce this and agrees to build a sea-wall covenant at expense of the along the northerly side to Boston and Roxbury Mill CorBrookline. poration, if the latter neglect. AGREEMENT. 2 This Indenture of two parts, made and concluded this ninth Parties. day of June, A. D. 1854, by and between the Commonwealth, 9. of Massachusetts, acting by John A. Bolles, Giles H. Whitney, and William H. Swift, the Board of Commissioners of said Commonwealth, appointed under and in pursuance of the Resolves concerning Boston Harbor and the Back Bay, approved May 20, 1852, of the first part, and the Boston and Roxbury Mill Corporation, a corporation created by the laws of said 1Signed by John A. Bolles, Giles H. Whitney, and W. H. Swift, Commissioners of the Commonwealth, and by John C. Gray, President of the Boston Water Power Company. 2 Recorded with Suffolk Deeds, Liber, page 246 AGREEMENTS. 1854, June 9. Commonwealth, of the second part, witnesseth as follows, Viz: Commonwealth ARTICLE 1. That in consideration of the covenants and agreereleases to B. & R. M. Corpora- ments hereinafter contained and set forth, the said Commonwealth tion certain lands; reserv- doth hereby release and forever quitclaim to said Boston and Roxdrainageht bury Mill Corporation, its successors and assigns, all the right, title, interest and estate of said Commonwealth, in and to that tract of land, two hundred feet in width, consisting of flats, channels, and land already made by said Corporation, lying next north of the original north wall of the Milldam, and within two hundred feet thereof, situated partly in Boston and partly in Brookline, and extending from ordinary high-water mark on the Boston to shore, ordinary high-water mark on the Brookline shore; saving and reserving to said Commonwealth, and its assigns, the right of drainage from the Back Bay into Charles River, through said released premises and the Milldam, across and under all avenues or streets laid out, or to be laid out, as hereinafter provided, and the right in common with said corporation and its assigns, to pass and repass, toll free, upon and over all avenues or streets laid out, or to be laid out, from north to south across said released premises and said dam, by said Commissioners or their successors, as hereinafter provided. To have and to hold said released premises to said Boston and Roxbury Mill Corporation, its successors and assigns, forever. B. & R. M. Cor- ARTICLE 2. That in consideration of the foreg oing release, poration releases to Com- the said Boston and Roxbury Mill Corporation doth hereby Mildam, thx-e release and forever quitclaim to said Commonwealth and its cepting right of assigns, all right, title, interest and estate, except the existing way, toll, and z flowage, and rights of way and toll, in and to the land upon and over which agrees to build a sea-wall along said Milldam was originally constructed, to be forever kept the northerly side to rook- open as a public highway, together with all right not heretofore ide to Brook- line. conveyed to the Boston Water Power Company, to flow any of the lands in the Back Bay, southerly of said Milldam; and doth hereby, for itself and its successors and assigns, covenant and agree, to and with said Commonwealth and its assigns, that said corporation will, and its successors and assigns shall, within AGREEMENTS. 247 such period of time as may be prescribed by said Commissioners 1854, June 9. or their successors in office or authority, in conjunction with the Governor for the time being of said Commonwealth, construct and complete a sea-wall in a manner, of materials, and to a height satisfactory to said Commissioners or their successors aforesaid, extending along the northerly line of said released premises, from the westerly end of the present sea-wall of said corporation, to ordinary high-water mark on said Brookline shore, with suitable sluices for the admission of water into the full basin, so called, in the Back Bay, and from the empty basin, so called, in said Back Bay, and will and shall forever keep said sea-wall from shore to shore and said sluices in good repair, and will and shall fill up with materials and in a manner satisfactory to said Commissioners or their said successors, the whole space inclosed or to be inclosed by said sea-wall, from shore to shore, as aforesaid, to the full height of the Milldam, as fast as may be deemed proper either by the major part of a committee consisting of said Commissioners or their said successors, and a like number of persons elected for that purpose on the part of said corporation, or by said Commissioners or their successors alone, if no such persons shall be so elected by said corporation; and will and shall, whenever requested by said Commissioners, or their said successors, fill up any portion of the space aforesaid, in manner aforesaid, which said Commissioners or their said successors may deem needful to be filled, to prevent leakage through said Milldam. ARTICLE 3. That for the consideration last aforesaid, the B. &R. M. Corporation to said Boston and Roxbury Mill Corporation, for itself, its suc- draincertain cessors and assigns, doth hereby covenant and agree, to and lands according to plan of Corn-'with said Commonwealth and its assigns, that said corporation missioners. will, and its successors and assigns shall, lay out and drain all land by said corporation already made west of Otter Street, and all land hereafter by said corporation to be made, west of said street, in conformity with such plan as may by said Commissioners, or their said successors, be devised and prescribed: provided such plan, so far as it relates to land now made, shall be furnished within sixty days after the Governor and Council 248 AGREEMENTS. 1854, June 9. shall have approved of this indenture, and so far as it relates to land hereafter to be made, shall be furnished within sixty days after any portion of said land, not less than one hundred feet in length, shall have been completed to the satisfaction of said Commissioners or their said successors, and shall not require for streets, or other public uses, more than one third part of said lands, including in said third part twenty feet to be added to the width of the highway over said dam; and will and shall, from time to time, remove the toll-house of said corporation, so as to keep the same westward of all dwelling-houses that may hereafter be built east of the junction of said dam with the crossdam, during the continuance of the toll franchise of said corpoTo surrender ration, and shall and will surrender said franchise of toll, franchise of toll in certain together with all said corporation's present rights of way over events. the Milldam and cross-dam, and over all bridges and roads as said roads are now constructed, connected with, or leading to, either of said dams, whensoever either of the following events shall occur, viz: Whenever avenue number two on the plan hereto annexed, shall be extended and opened as a street for public travel to the cross-dam; or whenever a strip of land, not less than one hundred and fifty feet wide, shall be made and filled to the height of the Milldam, extending from Otter Street, on the north side of said dam, as far west as the point opposite the end of the cross-dam, or extending on the south side of said dam to a point on the Milldam thirteen hundred and fifty-seven feet east of the cross-dam; or at the expiration of ten years from the first day of May, A. D. 1853; it being understood, however, that said corporation has, and shall have liberty at any time, to surrender its toll franchise to said ComMay arrange monwealth, or to enter into an arrangement, subject to the' with any city or town for covenants herein contained, with any city or town within which maintaining the dam, roads, and any parts of the dam, cross-dam, bridges or roads aforesaid are bridges. situated, for the maintenance of such parts, and that said corporation shall remain bound, as now, until such arrangement or surrender, to keep said dams, roads and bridges in good repair: provided, however, that the toll franchise shall not terminate in consequence of the filling up of said land north of the dam, AGREEMENTS. 249 under the direction of said Commissioners, or their said succes- 1854, June 9. sors, to prevent leakage through said dam, as herein before provided. ARTICLE 4. That for the consideration aforesaid, the said Commonwealth may enforce Boston and Roxbury Mill Corporation, for itself, and its sue- thiscovenant at expense of B. tessors and assigns, doth hereby covenant and agree, to and &R.Corp. ifthe with said Commonwealth, that said Commonwealth by said latter neglects. Commissioners, or by such other agents as may by law be thereto authorized, may, at any and all times hereafter, enforce a compliance with and an execution of the terms, conditions and covenants of this indenture in regard to the building of said seawall, the filling up and laying out and draining of all lands ineluded within the same, and in regard to all other the premises, and for this purpose may enter upon any portion of the said lands, and remove therefrom any obstruction interfering with said Commissioners' said plans; and that said Commissioners or their said successors, after due notice to said corporation or its successors or assigns who shall, in the judgment of said Commissioners or their said successors, unreasonably delay or neglect to keep and perform said terms, conditions and covenants, may proceed, at the expense of said dilatory or negligent party, to build or repair such sea-wall, sluiceway, sewer, or drain, or to fill up such space and lay out and construct such street, or other public area, as under the covenants of this indenture should be built, laid out or constructed by said corporation, its successors or assigns, and that the said covenants shall run with the land released as aforesaid, until fulfilled, or until released by said Commonwealth., Duly executed, etc. 32 250 AGREEMENTS. THE COMMONWEALTH AND THE BOSTON WATER POWER COMPANY. AGREEMENT. 3. Avenues Nos. 1 and 2 to be comParties. pleted in two years. Preamble relating to agreement of 4. Water Power Company to fill up June 28. and drain all its lands east of the 1. Commissioners allowed further Railroad junction. time to complete plan. 5. Commonwealth releases to Water 2. Location of Avenue No. 1 changed. Power Company a certain parcel of land. AGREEMENT. Parties. THIS INDENTURE of two parts, made and concluded this 26th 1.54, Sept. 26. day of September, A. D. 1854, by and between the Commonwealth of Massachusetts, acting by John A. Bolles, Giles H. Whitney, and William H. Swift, Commissioners of said Commonwealth, appointed under and in pursuance of the Resolves concerning Boston Harbor and the Back Bay, approved May 20, 1852, of the first part, and the Boston Water Power Company of the second part, witnesseth: - Preamble relat- That whereas, by an indenture of three parts between said ing to agreement of June Commonwealth, acting by said Commissioners of the first part, 28. said Water Power Company of the second part, and all such other owners or claimants, individual or corporate, of lands or flats in the Back Bay, as should by signing become parties thereto of the third part, approved by the Governor and Council on the 28th day of June, A. D. 1854,2 and now recorded in the several and respective Registries of Deeds for the Counties of Suffolk, Norfolk, and Middlesex, it was, on the part of said Boston Water Power Company covenanted and agreed to and with said Commonwealth, that said Company, its successors and assigns, would and should, within such time as said Commissioners, or their successors, should in writing direct and notify, complete to the satisfaction of said Commissioners and Recorded with Suffolk Deeds, Liber 719, Folio 26. 2 Ante, p. 234. AGREEMENTS. 251 according to their plan all that portion of a certain avenue 1854, sept. 26. marked as avenue numbered one on the plan annexed to said indenture of three parts, and also all sewers, drains, culverts, and bridges connected therewith, which extends from Tremont Road to the avenue numbered two on said plan, and also the southerly half part of said avenue numbered two from the end of Boylston Street to the said avenue numbered one; And whereas, said Boston Water Power Company has given bond to said Commonwealth for the faithful performance of said covenant and of all other covenants and agreements in said indenture of three parts contained, on its part to be kept and performed, and has made, executed, acknowledged and delivered to said Commonwealth, a mortgage of all said corporation's real estate, as security for the performance of said covenants and agreements; And whereas, by article eighth of said indenture of three parts, full power is reserved to and by said Commissioners at any time to vary said avenues within the line of the Commonwealth's land, or by his'consent within the limits of any other party to said indenture; And whereas, said Boston Water Power Company is desirous that said avenue numbered one shall be so varied and removed westward that its southerly end shall enter Tremont Road opposite Dover Street, and its northerly end intersect avenue numbered two in the manner shown upon the plan hereto annexed, and is willing and has agreed to construct and complete said avenue numbered one, varied and removed as aforesaid, within such time, not less than two years from the date hereof, as said Commissioners shall prescribe, and is also willing and has agreed, upon the consideration hereinafter expressed to construct and complete the whole of said avenue numbered two, westward from the end of Boylston Street, to the westerly side of avenue numbered one, as the same is varied and removed and laid down upon the plan hereto annexed; And whereas, said Commissioners by article fifth of said indenture tripartite, are bound to furnish to said Water Power Company within ninety days after the approval of said indenture 252 AGREEMENTS. 1854, Sept. 26. by the Governor and Council, so much of said Commissioners' plan for filling up, laying out and draining the Back Bay as may be applicable to the lands and flats of said Company situated in the empty basin and lying south of the Boston and Providence Railroad, and east of the junction of said road with the Boston and Worcester Railroad, which ninety days will expire on the 28th day of September, instant, and it has become desirable to extend said period and allow further time to said Commissioners, and a further period of one month, to wit, until the 28th day of October, A. D. 1854, has been agreed upon for the furnishing said portion of said Commissioners' plan,it has therefore been covenanted and agreed by and between the said parties hereto, in manner and form set forth and expressed in the various articles following, to wit:Commissioners ARTICLE 1. For the considerations aforesaid, it is hereby allowed further time to corn- covenanted and agreed by said Boston Water Power Company, plete plan, to and with said Commonwealth, that said Commissioners, or their successors, may at any time within four months from the 28th day of June, 1854, furnish said corporation with that portion of said Commissioner's plan of filling up, laying out and draining the lands and flats of said corporation, which relates or applies to lands and flats lying south of said Boston and Providence Railroad, and east of the junction or crossing of the railroads aforesaid in said empty basin. Location of Av- ARTICLE 2. For the considerations aforesaid, it is hereby enue No. 1 changed. covenanted and agreed by said Boston Water Power Company, to and with said Commonwealth, that avenue numbered one upon the plan annexed to the aforesaid indenture tripartite, may (without prejudice to any of the covenants and agreements in said indenture contained, or to the bond and mortgage herein before referred to) be so varied and altered by said Commissioners as to run from the Tremont Road towards the Milldam in the manner indicated by the plan hereto annexed. Avenues land ARTICLE 3. For the considerations aforesaid, it is hereby pleted in two covenanted and agreed by said Water Power Company, its years. successors and assigns, to and with said Commonwealth and AGREEMENTS. 253 its assigns, that said Company, its successors and assigns, will 1854,Sept. 26. and shall, within such time, not less than two years from the date hereof, as said Commissioners, or their successors, shall prescribe and require, construct and complete to the satisfaction of said Commissioners, all that portion of avenue numbered one on the plan hereto annexed which extends from Tremont Road to avenue numbered two on the annexed plan, and also the whole of that part of avenue numbered two on said plan annexed which extends from the end of Boylston Street, to the westerly side of said avenue numbered one on said annexed plan, so that each of said avenues shall be of the full width of eighty feet at the top thereof, and of such height and grade and with such sewers, drains, bridges and culverts, as may by said Commissioners, or their successors, be deemed needful; all of said work and materials to be to the satisfaction and acceptance of said Commissioners or their successors. ARTICLE 4. For the considerations aforesaid, it is hereby Water Power Company to fill covenanted and agreed by said Boston Water Power Company, up and drain all its successors and assigns, to and with said Commonwealth and its lands east of the R. R. juneits assigns, that said corporation, its successors and assigns will tion. and shall fill up, lay out and drain all the lands and flats of said corporation east of said railroad junction according to such plan as the said Commissioners may furnish within said period of four months in conformity with said indenture tripartite and with these presents, including all such sewers, drains, bridges and culverts, as said Commissioners may deem needful and convenient. ARTICLE 5. For the considerations aforesaid, it is hereby Commonwealth releases to Wacovenanted and agreed by said Commonwealth to and with ter Power Comsaid Boston Water Power Company, its successors and assigns, parny a certain parcel of land. that upon the completion of the afore-described portions of avenues numbered one and two on the plan annexed, within the time that may by said Commissioners be prescribed as aforesaid, and to the satisfaction of said Commissioners or their successors, the said Commonwealth will release and convey to said corporation, its successors and assigns, all the right, title and 254' AGREEMENTS. 1854, Sept 26. interest now owned by said Commonwealth, in and to that parcel of lands and flats one hundred and fifty feet in width and about three hundred and forty feet in length, which lies south of and adjoining to avenue numbered two, and east of and adjoining to avenue numbered one on the plan annexed hereto, subject to the conditions, covenants, and agreements of said bond, mortgage, and indenture tripartite. Duly executed. THE COMMONWEALTH AND THE BOSTON WATER POWER COMPANY. AGREEMENT. theirs when the Commonwealth Parties. completes its portion. Preamble relating to previous 3. Commonwealth releases certain agreements. mortgaged property. 1. Streets to be filled to a certain 4. Water Power Company assents height. to use its streets for drainage 2. Parties to build streets at option; on the same terms as are made except that they must complete by the Commonwealth. AGREEMENT.' Parties. THIS INDENTURE of two parts, made and concluded this 1856, July 11. 11th day of July, A. D. 1856, by and between the Commonwealth of Massachusetts, acting by its committee appointed under and in pursuance of the "Resolves in relation to lands in the Back Bay," approved May 30, A. D. 1856, of the first part, and the Boston Water Power Company, a corporation established by the laws of the Commonwealth, of the second part, witnesseth:Recorded with Suffolk Deeds, Liber 719, p. 28. AGREEMENTS. 255 Whereas, a certain indenture of three parts by and between Preamble relating to previous the said Commonwealth, by its Commissioners, and the Boston agreements. Water Power Company and all such other owners and claimn- 156, July 11. ants, individual or corporate, of lands or flats in the Back Bay, as should, by signing, become parties thereto, was made on the 9th day of June, A. D. 1854, and was the same day executed by the Commonwealth, by its said Commissioners, and by the Beston Water Power Company, and has never been signed or executed by any other persons or corporations;l and whereas, a certain other indenture by and between the Commonwealth, by its said Commissioners, and the Boston Water Power Company, was made and executed on the 26th day of September, A. D. 1854;2 and whereas, a certain mortgage was made and executed by the said Boston Water Power Company to the Commonwealth, on the said June 9, A. D. 1854, and is recorded in Suffolk Registry, book 665, page 151; and, whereas, by the Resolves first above mentioned, approved on the said May 30, A. D. 1856, the Committee therein mentioned are empowered, among other things, to " alter, reform, or amend all contracts, whether by deed or otherwise, heretofore made by the Commissioners on the Back Bay, subject to the approval of the Governor and Council, all parties to the same agreeing thereto." And whereas, the said Committee, in behalf of the Commonwealth, and the said Boston Water Power Company, the only parties to said indentures above mentioned, after mutual consultation and conference, have agreed upon certain alterations and modifications of the contracts heretofore made by and between the Commonwealth and the said Boston W-ater Power Coinpanv. Now, therefore, in consideration of the premises, and of one dollar paid by each to the other, it is hereby agreed to alter, reform, and amend all contracts heretofore made, whether by deed or otherwise, by and between the Commonwealth, and the said Boston Water Power Company, in the following respects, that is to say, Ante, p. 234. 2 Ante, p. 250. 256 AGREEMENTS. Streets to be First. The Commonwealth and the Boston Water Power filled to a certain height. Company and other persons or corporations, who may become 186, Julyl. parties to the indenture of June 9, A. D. 1854, shall fill the streets or avenues enumerated in said indenture of June 9, A. D. 1854, or laid out on the plan accompanying the Third Annual Report of the State Commissioners, dated February 16, A. D. 1855, or upon any plan that may be hereafter adopted by the State Commissioners, in accordance with the indenture, to the level of the Milldam as the same now is, and as much higher, not exceeding three feet (excepting where necessary to cross the railroad), as the State Commissioners, subject to the approval of the Governor and Council, may order: and the State Commissioners, with the President of the Water Power Company for the time being, subject to the approval of the Governor and Council, may order and determine that any street or avenue may be made at a less grade, if they deem such course to be expedient, and the remainder of the territory, not included in the streets, shall be filled to a point within five feet of the level of the Milldam. Parties to build Second. Neither the Commonwealth nor the Boston Water streets at option; except Power Company, nor any other person or corporation who may that they must become a party to said indenture of June 9, shall be obliged complete them when the Coom- to complete the avenues enumerated in said indenture, or laid monwealth completes its out on the plan accompanying the Third Annual Report of the portion, State Commissioners, dated February sixteenth, eighteen hundred and fifty-five, or upon any plan that may be hereafter adopted by the State Commissioners, in accordance with the indenture, until they may severally and respectively deem it expedient so to do; but the Water Power Company and any other person or corporation shall be held to complete any such avenue, in the manner agreed upon, and upon their own land, as soon as the Commonwealth or their assigns shall complete the same upon the territory released to it by said indenture, to the end that such avenue may be opened its entire length at the same time; and the State Commissioners shall notify the other parties when they desire such avenues to be completed. But in no case shall the parties be required to complete the same before the times mentioned in said indentures. AGREEMENTS. 25 7 Third. The Commonwealth shall release from the mlortgagre Commonwealth i " releases certain given by the Boston Water Power Company on the said 9th mortgaged property. of June, eighteen hundred and fifty-four, all the territory in-psp,,July. eluded in said mortgage, except that part of the same, bounded northerly by land of the Commonwealth, easterly by avenue number one, southerly by avenue G, easterly by avenue B, southerly by avenue numbered three, and westerly by avenue numbered four, containing by estimation two million feet; and the State Treasurer, with the consent of the Commissioners or any persons exercising their powers, and of the Governor and Council, may from time to time release portions of the territory last above mentioned, whenever they may deem it expedient so to do, and upon such terms and conditions as they may approve. And in consideration of the premises and of one dollar to it paid, the Commonwealth doth hereby remise, release, and forever quitclaim to the said Boston Water Power Company all the land and territory included in the said mortgage and not included in the boundaries above mentioned. To have and to hold the same to the said Company, its successors and assigns, forever. Fourth. Whereas, the Committee propose to make certain Water Power Company asarrangements with the cities of Boston and Roxbury in reference sent to use of to drainage, the Boston Water Power Company consents and its streets for drainage on the agrees that said cities may use the streets of said Company for same terms as are made by the such purpose, when graded and opened, upon the same terms Commonwe'lth. and conditions which the Committee may impose upon said cities during the present year relative to the use of the same streets on the territory of the Commonwealth, and also of the avenue numbered two; and if, in making such arrangements, any question shall arise as to the terms to be imposed for a right of drainage by the city of Roxbury through K Street, the same shall be determined by three referees to be appointed, one by the Committee, one by the Boston Water Power Company, and one by the city of Roxbury. Duly executed. 33 258 AGREEMENTS. THE COMMONWEALTH OF MASSACHUSETTS, THE BOSTON WATER POWER COMPANY, AND THE CITY OF BOSTON. AGREEMNENT. land and assess expense; and Parties. to build a sewer from Boylston Preamble relating to previous Inden- or Providence Street to main tures; Sewers agreed upon; sewer. described; city of Boston may 5. Commonwealth grants a certain lay other sewers and assess piece of land to the city. expense; the sewers here pro- 6. Commonwealth appropriates and vided for to be in lieu of rights agrees to fill up for an eightyof drainage under Indentures foot street, a strip of land adwith Tuckerman, &c.; restric- joining. tions against digging earth 7. Water Power Company agrees from the flats to be removed; to build the sewer from CamCommonwealth and city joint- den Street to the main sewer. ly to build an eighty-foot street 8. Water Power Company grants from Beacon Street to Boylston to the city the right to lay Street; city may enter certain sewers in its streets, and assess sewers into these; and may expense. build a sewer from Boylston 9. City of Boston agrees to build or Providence Street to the a portion of the main sewer main sewer; Commonwealth and to extend and keep the to convey lands toWater Power street in which it is to be built. Company, notwithstanding con- 10. City grants to Water Power ditions of Indenture of Septem- Company the right to enter ber 26, 1854. said portion of the main sewer. 1. Commonwealth to build a por- 11. City releases rights to dig and tion, described, of the main lay drains in the Receiving sewer. Basin. 2. Commonwealth grants to Water 12. City releases restrictions, by Power Company, the right to previous Indentures, on cerenter said sewer. Proviso. tain lands, and grants the 3. Commonwealth to release to Commonwealth the right to Water Power Company certain build west of the land released lands on completion of avenues to the city; and the city agrees one and two. to fill up its half of the eighty4. City may lay sewers in all the foot street and to lay out said streets on the Commonwealth street. AGREEMENTS. 259 AGREEMENT. 1 THIS INDENTURE, of three parts, made and concluded this Parties. 1856, Dec. 11, eleventh day of December, in the year of our Lord one thousand eight hundred and fifty-six, by and between the Commonwealth of Massachusetts, acting by its Committee appointed under and in pursuance of the resolves in relation to lands in the Back Bay, approved May 30, A. D. 1856, of the first part; the Boston Water Power Company, a corporation established by the laws of said Commonwealth, of the second part; and the city of Boston, acting by its Committee duly authorized, of the third part, witnesseth:Whereas, the said Commonwealth, by Commissioners duly Preamble relatauthorized, did enter into an indenture with the Boston anding toprevious indentures. Roxbury Mill Corporation, which indenture is dated June a, A. D. 1854, and recorded in Suffolk Registry of Deeds, Lib. 665, Fol. 149; also into an Indenture with the Boston Water Power Company, dated on said June 9, A. D. 1854, and recorded with Suffolk Deeds, Lib. 665, Fol. 145 2; and also into another indenture with said Water Power Company, dated September 26, A. D. 1854, 2 and recorded in Suffolk Registry of Deeds, which several indentures were duly approved by- the Governor and Council. And whereas, by said indentures, provision is made for fillingo up the lands in the receiving basin of the Boston Water Power Company, belonging to said Company and to said Commonwealth, situated partly within the limits of the city of Boston, and partly within the limits of the city of Roxbury; and for laying out avenues, streets, and other public improvements mentioned in said indentures, conformably to the directions and This is what is known as the "Tripartite Indenture," under which the filling of the Back Bay was practically first begun. Recorded with Suffolk Deeds, Liber 719, page 30. For an Indenture between the same parties, greatly modifying this, see post, p. 288. 2 Ante, pp, 234, 245, 250. 260 AGREEMENTS. 1856, Dec. ll. plans therein contained, as to material and height of filling, mode of drainage, location, and arrangement of squares, streets, and other public areas, said Commissioners not to require for streets an(l other public uses more than one third part of the lands of flat of the parties thereto respectively; also, for the location and construction of sluices, culverts, bridges, and other public improvements, to be made under the resolves referred to in said Indentures, and as may be prescribed by said Commissioners on the Back Bay, or their successors, for a more full understanding of which provisions, reference is hereby had to said Indentures. And whereas, by an Indenture, by and between the Commonwealth and said Water Power Company, dated July 11, A. D. 1856,' it is provided that all the streets and avenues enumerated in said Indenture of June 9, 1854, or laid out on the plan accompanying the Third Annual Report of the State Commissioners, dated February 16, 1855, or upon any plan that may be hereafter adopted by the State Commissioners, in accordance with the Indenture, are to be filled to the level of the Milldam, as the same now is, and as much higher, not exceeding three feet, (excepting where necessary to cross the railroad,) as the State Commissioners, subject to the approval of the Governor and Council, may order; " and the remainder of the territory, not included in the streets, shall be filled to a point within five feet of the level of the Milldam;" which last Indenture is hereby referred to for a more particular understanding of the provisions thereof, being recorded herewith. And whereas, it is important for the interests of all parties hereto, that the system of draining the land in the Back Bay, and that part of the territory of the city of Boston contiguous thereto, and also a part of the city of Roxbury, should be the best that can be devised; and whereas, it has been agreed, by and between the parties hereto, that the following described Sewers agreed main sewers shall be built in said Back Bay, to wit: one i Ante, p. 254. AGREEMENTS. 261 large main sewer, beginning at Tremont Street in the city of 1856, Dec. 11. Boston, and passing through the first street east of avenue numbered four on the said plan of the Back Bay lands, accompanying said Commissioners' Third Annual Report (which street is to be extended by the city of Boston to Tremont Street), to the first street south of the Milldam; thence through said last mentioned street to a point opposite to the most easterly discharging sluice of the receiving basin; thence to said sluiceway, and opening into Charles River through the same. Also, another main common sewer, from Camden Street to the aforesaid main sewer. The location of which main sewers, so far as the same is determined, is indicated on a copy of said plan of the State Commissioners, recorded with Suffolk Deeds, at the end of Lib. 709, to which reference is hereby made for the purpose of indicating said sewers, and the location of a street eighty feet wide hereinafter referred to, and for no other purpose. Said sewers to be not less than three feet in diameter, at Tremont and Camden streets, and not less than nine feet at said sluice. Said sewers to be built of such materials and at such grades as may Described. be hereafter agreed upon by the Board of Aldermen of said city of Boston and the State Commissioners on the Back Bay, or whoever may represent them; and to be constructed as fast as the Board of Health of the city of Boston may deem necessary to prevent nuisances being created by the drains which may open into the basin; said two main sewers to be for the use and benefit of all the parties hereto, and to be built as hereinafter provided. And whereas, it may be necessary for the authorities of the city of Boston city of Boston to lay and maintain other sewers through some may lay othera or all the streets and passageways laid out or to be laid out, sess expense. within the limits of the city of Boston, by the Commissioners on the Back Bay; and whereas, it is herein provided that said city may use such streets or passageways for the purpose of such drains, and assess a just and equitable portion of the expense thereof upon the lots in said Back Bay which shall be benefited thereby, according to the rules established for the city sewers and the laws of the Commonwealth relating thereto at 262 AGREEMENTS. 1856, Dec. 11. the time such drains shall be built, the amount of such assessments to be paid by the owners of such lots when the same shall be filled up as aforesaid and require drains, and in no case before; said sewers to be built in the passageways, in the rear of the lots, in preference to the streets, when the Board of Aldermen of said city shall think it expedient to do so, in conformity with the system of sewerage which may be adopted by the Commissioners on the Back Bay. Said sewers which may be so built by the city through any of said streets or passageways, and assessed upon the lots benefited thereby, shall supersede and be in lieu of the sewers which are mentioned in the Indentures between the Commonwealth and the said Water Power Company, for the same territory; but not for any other sewers that said Commissioners may deem necessary for draining any other portion of the land in the Back Bay, as provided by said Indentures. It being understood that said Water Power Company, and said Commonwealth, and their respective assigns, shall in no case be assessed or required to share the expense of more than one set of sewers or drains, for the drainage of the same territory. Thesewershere And the sewers herein provided for are to be substituted, and provided for to be in lieu of in lieu of the rights of building and maintaining drains in said rights under in- basin under the Indenture between Edward Tuckerman and dentures with Tuckerman and others and the city of Boston of the one part, and the Boston the Boston and Roxbury Mill and Roxbury Mill Corporation of the other part, dated Corporation. December 26, A. D. 1826, recorded with Suffolk County Deeds, Lib. 315, Fol. 278,' and the Indenture between said city and said Mill Corporation, dated February 1, A. D. 1827, recorded with Suffolk Deeds, Lib. 315, Fol. 284,2 and of any other rights which the city may have to lay and maintain drains in said basin, by virtue of any agreement or contract heretofore made. Restrictions And w'hereas, a portion of the land in said basin, now of the earainst fromthg Commonwealth, formerly belonging to the Boston Water Powlatsremoved. er Company, was restricted by said Indentures of December 1 Ante, p. 209. 2 Ante, p. 214. AGREEMENTS. 263 26, 1826, and February 1, 1827, and the right of digging 1856,Dec.11. mud and earth from the vacant flats in a part of said basin was granted to said city of Boston under the restrictions contained therein; and it is agreed that said restrictions shall now be abolished, and a portion of the land so restricted be conveyed by the Commonwealth to said city, and that said city shall release to the Commonwealth said restrictions on the residue of said land, and also all rights that it may have to dig and convey away mud or earth from the lands and flats in said basin. And whereas, it is agreed that the Commonwealth and said Commonwealth and city tojointcity shall lay out and build a street eighty feet wide, from Bea- ly build an 80foot street from con Street to Boylston Street, as indicated on the plan herein- BeaconStreetto before referred to, taking a strip of land forty feet wide from Boylston St. the land to be released to the city, and a strip forty feet wide from the remaining land of the Commonwealth; said street to be filled up, one half by the Commonwealth, and the other half by the city, as high as the level of the Milldam, and as much higher as the Board of Aldermen of said city, and the Commissioners on the Back Bay, or their successors, may deem expedient; and the residue of said restricted land to be filled up to the level specified in said Indenture dated July 11, A.D. 1856. And whereas, it is agreed by and between the parties hereto, city may enter certain sewers that said city, at its own expense, may enter the sewers and into these. drains which now are, or may hereafter be, laid within that part of said city lying northerly and westerly of the westerly side of Washington Street, from Roxbury line to Common Street, and westerly of Common and Tremont streets to Park Street, and westerly and southerly of Park and Beacon streets, into the above-mentioned common or main sewers. And whereas, it is agreed, by and between the parties hereto, City may build a sewer from that said city of Boston may extend to said main sewer a drain, Boylston or either from.Boylston Street or from Providence Street, through Providence St. the lands belonging to the Commonwealth or the said Water sewer. Power Company, situated in the city of Roxbury, said drain to be built either in the avenue numbered two on the Commis 264 AGREEMENTS. 1856, Dec. 11. sioners' plan, or in the passageway in the rear of the lots on the southerly side of said avenue, and a just and equitable portion of the expense of such drain to be assessed upon the lots using the same, and the assessments to be collected in the manner heretofore provided for drains within the city of Boston. And whereas, by said Indenture dated September 26, A. D. 1854, it was covenanted and agreed by said Commonwealth to and with said Water Power Company, its successors and assigns, that upon the completion of certain portions of avenues numbered one and two, as therein described, within the time that may, by the Commissioners on the Back Bay, be prescribed, and to the satisfaction of said Commissioners or their successors, the said Commonwealth will release and convey to said Corporation, its successors and assigns, all the right, title, and interest now owned by said Commonwealth in and to the parcel of land and flats, one hundred and fifty feet in width, and about three hundred and forty feet in length, which lies south of and adjoining to avenue numbered two, and east of and adjoining avenue numbered one, subject to the conditions therein expressed. And whereas, by said agreement dated the 11th day of July, A. D. 1856, the time for building and completing said parts of said avenues, numbered one and two, have been extended beyond the time prescribed by said Commissioners for the completion of the same. And whereas, it is agreed that Commonwealth the Commonwealth shall convey to said Water Power Comto convey lands to WaterPower pany the parcel of lands and flats above described, when the Company, notwithstanding said portions of said avenues shall be completed, according to Indentures of the provisions of said Indenture dated July 11, A. D. 1856, Sept. 26, 1854. notwithstanding the provisions and conditions contained in said Indenture of September 26, 1854. ARTICLE 1. NOW be it known, that the Commonwealth of Massachusetts, acting by its Committee as aforesaid, in consideration of the premises, and of the grants, releases, covenants, and agreements herein contained and set forth, doth hereby covenant and agree to and with the said city of Boston, AGREEMENTS. 265 and said Water Power Company, and their respective assigns, Commonwealth; to build a porthat said Commonwealth or its assigns shall and will build tion, described, of the main within a time, and of materials to be determined as hereinbefore sewer. set forth, all that part of the first-described main sewer extending from said Milldam to a point on said street first east from Avenue IV, twelve hundred feet southeasterly from the dividing line between the land of said Commonwealth and the land of said TWater Power Company, and maintain, or cause to be maintained, that part thereof situated within the present limits of the city of Roxbury, until the same shall be included within the jurisdiction of said city of Boston. And said Commonwealth hereby covenants and agrees, for itself and its assigns, to and with the said city of Boston, that it and they will build the portion of said main sewer which said Commonwealth has herein covenanted to build, before it or they shall make use of any of the aforesaid premises in such way or manner as shall deprive the said city of Boston of the use of any of said city's drains or rights of drainage, as they now exist. ARTICLE 2. And for the considerations aforesaid, the said Commonwealth grants to Water Commonwealth doth hereby give and grant unto the said Bos- Power Comp'y the right to eaton Water power Company and its assigns, free of all charge, ter said sewer. the right to enter into said main sewer, to be built as aforesaid by said Commonwealth, the common sewer which is to be built by said Company, as hereinafter provided, in continuation of said main sewer; also, all other sewers and drains which may be required by the Commissioners on the Back Bay, to be built by said Company under the provisions of the Indenture heretofore referred to. Also, the right to permit drains to enter said sewer, to be built by said Company, to drain that part of the city of Roxbury situated between Washington Street and the Providence Railroad, and easterly of Water Street (but no other part of said city of Roxbury), upon such terms and conditions as the said Company may deem expedient. Provided, Proviso. however, that no sewer or drain shall be allowed to enter into or use said main sewer, to drain any lands southerly of Camden Street, until the water from the brook that enters said territory in Roxbury, shall be carried into Stony Brook on the South 34 266 AGREEMENTS. Bay, or otherwise diverted so that it shall not enter said sewer; and provided, also, that the flow of the tide water shall be so far excluded from said territory southerly of Camden Street, as will prevent it from entering into said main sewer. Commonwealth ARTICLE 3. For the considerations aforesaid, the said Comto release to WV. P. Company monwealth hereby covenants and agrees to and with said Water certain lands on Power Company, that upon the completion by the said Water completion of Avenues 1 & 2. Power Company of the said portions of said avenues numbered one and two, as provided in said Indenture of July 11, A. D. 1856, and to the satisfaction of the Commissioners on the Back Bay, or their successors, the said Commonwealth will release and convey to said Corporation, its successors and assigns, all the right, title, and interest now owned by the Commonwealth, in and to the parcel of land described in the fifth article of said Indenture of September 26, A. D. 1854. City may lay ARTICLE 4. And for the considerations aforesaid, the said sewers on all the streets on Commonwealth hereby covenants and agrees to and with said the Commonwealth's land, city of Boston, that the city authorities shall have the right to and assess ex-lay and maintain sewers in all the streets and passageways pense; and to n build a sewer which have been or shall be laid out over the land of said Cormfrom Boylston or Providence monwealth in the Back Bay about to be filled up, so far as the Street to the main sewer. same at the time being shall be within the limits of said city, and may assess the expense of the same upon the lots benefited thereby, according to the rules established for the city sewers, and the laws of the Commonwealth relating thereto, at the time such sewers shall be built; the amount of such assessment to be paid by the owner of such lots, when the same shall be filled up as aforesaid and require drains, and in no case before. Provided, however, that said land of the Commonwealth shall in no case be assessed for the expense of more than one set of sewers and drains, for the drainage thereof. Said sewers to be built in the passageways in preference to the streets, as hereinbefore set forth. And said Commonwealth further grants to said city of Boston the right to enter into said main sewers to be built by the Commonwealth, all the sewers and drains which may be built by said city for the drainage of the land in the said basin, and the land contiguous thereto, but within the limits of said AGREEMENTS. 267 WVashington, Common, Tremont, Park, and Beacon streets, as hereinbefore set forth; also, the right to build the sewer from Providence or Boylston Street through the territory of the Commonwealth lying within the city of Roxbury, upon the terms and conditions hereinbefore set forth, and to enter the same into said main sewer. ARTICLE 5. And for the considerations aforesaid, the said Commonwealth grants a certain Commonwealth doth hereby grant, remise, release, and convey piece of land to the city.' to the said city of Boston, the piece of land hereinbefore referred to, bounded as follows, viz: Beginning on the southerly side of the Milldam or Beacon Street, at a point six hundred and thirty-six feet easterly from the easterly side of avenue numbered one, in the Back Bay, as now established by said Commissioners' plan; thence running southerly by a line parallel with said avenue " One," thirteen hundred and five feet, more or less, to Boylston Street, or avenue numbered two on said plan: thence by the northerly line of said avenue numbered two, to land belonging to said city of Boston; thence bounded easterly by land belonging to said city, called the " Public Garden," to Beacon Street; thence bounded northerly by said Beacon Street to the point of beginning. To have and to hold the same to the said city of Boston, its successors and assigns forever, free from all restrictions or con, ditions, excepting as herein provided. ARTICLE 6. And for the considerations aforesaid, the said The Commonwealth approCommonwealth further covenants and agrees to and with said priates and city of Boston, that it will appropriate for the street eighty feet agrees to fill up,,-: for an 80-foot wide hereinbefore mentioned, a strip of land forty feet wide ad- street, a strip of land adjoining. joining and westerly of the westerly line of the foregoing granted premises, in connection with a similar strip of land to be appropriated by the city on the easterly side of said line, which two pieces are to remain open for a public street or highway forever: and said Commonwealth covenants and agrees to fill up and build its half of said street, as hereinbefore set forth. 1A "heater-piece " between the Public Garden as then laid out, and the eighty foot Street provided, now known as Arlington Street, 268 AGREEMENTS. Water Power ARTICLE 7. And the said Boston Water Power Company, Company agree to bring the in consideration of the grants, covenants, and agreements in sewer from Camden Street this Indenture contained and set forth, doth hereby covenant tostheman and agree, to and with said Commonwealth and said city of Boston, that said Company or its assigns shall and will build or cause to be built, within the time and in the manner to be determined as hereinbefore recited, all that common sewer hereinbefore described, extending from Camden Street to said main sewer, in such street through the land of said Company, as the said Commissioners on the Back Bay may locate the same. And said Company hereby covenants and agrees, for itself and its assigns, to and with the said city of Boston, that it and they will build the portion of said main sewer which said Company has herein covenanted to build, before it or they shall make use of any of the aforesaid premises in such way or manner as shall deprive the said city of Boston of the use of any of said city's drains or rights of drainage, as they now exist. Water Power ARTICLE 8. And for the considerations aforesaid, the said Companygrants to the city the Water Power Company doth hereby grant and convey to said right to lay sewers in its city of Boston the right to lay any sewers the city authorities streets pende. may deem necessary, other than those which may be prescribed by said Commissioners on the Back Bay, through any of the streets or passageways (the latter to be preferred) in the limits of said Company's land, and enter the same into said main sewer extending from Camden Street, as aforesaid; and further the right to assess the expense thereof upon the land of said Company or its assigns benefited thereby, in the manner hereinbefore set forth. Provided, however, that such assessment shall not be collected by said city until such land is actually filled up as aforesaid and requires such sewers; and provided also that said Company and its assigns shall in no case be called upon to share the expense of building more than one set of sewers and drains within or for any portion of said Company's territory. Said sewers of said city to be only for the drainage of the portion of said city hereinbefore described, and lying within said Washington, Common, Tremont, Park, and Beacon streets. AGREEMENTS. 269 ARTICLE 9. And in consideration of the grants, releases, City of Boston agrees to build covenants, and agreements in this Indenture contained, the said a portion of the city of Boston hereby covenants and agrees to and with the to extend and Commonwealth and said Water Power Company, that the said keee open the city of Boston, or its assigns, shall and will, at its or their own it is to be built. sole expense, and without any assessment or claim upon other persons or corporations, build within the time and in the manner hereinbefore recited, all that part of the first-described main sewer which extends southerly through said street, the first easterly of avenue numbered " Four," from said point, twelve hundred feet southeasterly from the division line between the land of the Commonwealth and the land of said Water Power Company, to Tremont Street, and that said city will lay out and extend said street, of the width of sixty feet, from the land of said Water Power Company to said Tremont Street, as a public street or highway, and keep the same open forever. ARTICLE 10. And for the considerations aforesaid, the said City grants to Water Power city of Boston doth hereby grant to the said Water Power Company the right to enter Company and its assigns, the right to enter their sewers and saidportion of drains, free from all charge for so doing, into said portion ofthe main sewer. said main sewer to be built by said city, including any drainage of the portion of the city of Roxbury contemplated to be carried through said main sewer extending from Camden Street, but within the limits and in the manner hereinbefore set forth. And the said city of Boston further covenants and agrees that the said Commonwealth and the said Water Power Company, and their respective assigns, may enter sewers and drains into all other sewers which may be built by said city within said basin, upon the payment by them respectively of their proportiondl part of the expense of building the same, to be assessed in the manner and at the times hereinbefore set forth. And said city hereby covenants and agrees to and with said Commonwealth and said Water Power Company and their respective assigns, that the authorities of said city shall not collect such assessments until the land through which the sewers are built is actually filled up and requires drains, as hereinbefore recited. 270 AGREEMENTS. City releases ARTICLE 11. And for the considerations aforesaid, the said rights to dig and lay drains city of Boston doth hereby release, remise, and forever quitin the receiving basin. claim, to the said Commonwealth and said Water Power Company and their successors and assigns, all the rights that said city has to dig, lay, and maintain drains in said receiving basin of said Company, and all right to dig and carry mud and earth from the vacant flats in said basin, as the same are given in said Indentures, dated December 26, A. D. 1826, and February 1, A. D. 1827. City releases ARTICLE 12. And for the considerations aforesaid the restrictions on lands by speci- said city of Boston doth hereby release all the land and flats fied indentures; restricted by said Indentures of December 26, 1826, and and grants the Commonwealth February 1, 1827, from the restrictions contained therein, the right to build west of in regard to the erection of buildings, and doth hereby agree the land released to the that the said Commonwealth and its assigns may erect buildcity; and the city; and the ings on any and all the lands belonging to said Commonwealth, fill up its half of lying westerly of the land hereinbefore released and conveyed the 80-foot street, and to by the Commonwealth to said city. And said city doth hereby lay out said street. covenant that it will warrant and defend so much of said Commonwealth's land as lies between said land so released to said city, and the old channel west of Charles Street, to said Commonwealth and its assigns, against the lawful claims and demands of said city, and of all persons claiming by, through or under said city, but against none other. And for the considerations aforesaid, the said city doth hereby agree to lay out, in conjunction with said Commonwealth, the said street of eighty feet in width, from Beacon to Boylston Street, and to fill up its half thereof, and the residue of said land herein released to said city to the level and in the manner hereinbefore set forth. Duly executed.' This Indenturb was signed, on behalf of the Commonwealth, by the Commissioners on the Back Bay, viz: John H. Shaw, John Batchelder, George M. Thatcher, Horatio G. K. Calef, Elijah B. Stoddard, Jonathan E. Morrill, Charles Hale, Stephen P. Fuller, E. C. Purdy, and Thomas B. Hall, (the approval of the Governor's Council being certified by the Secretary of the Commonwealth); by Thomas G. Carey, President of the Boston Water Power AGREEMENTS. 271 THE COMMONWEALTHI AND THIE BOSTON WATER POWER COMPANY..AGREEMENT. Preamble, relating to the eighty-foot The Commonwealth agrees to lay Street next the Public Gar- out said avenue on its land, den, and avenue " five"; the with the restrictions named. latter to be widened; and to be The Commonwealth releases certain divided up into roadway and rights to the channel in the walks, with trees, &c., houses Receiving Basin. to set back twenty feet Water The Water Power Company agrees to Power Company to fill up por- lay out its portion of said avetions of the avenue; a railway nue, and fill up, &c; and imto be laid for purposes of filling pose the restrictions named. up only. AGREEMENT. This Indenture of two parts, made and concluded this Parties. twenty-seventh day of December, in the year of our Lord eighteen hundred fifty-six, by and between the Commonwealth of Massachusetts, acting by its committee appointed under and in pursuance of the Resolves in relation to lands in the Back Bay, approved May 30, A. D. 1856, of the first part, and the Boston Water Power Company, a corporation established by the laws of said Commonwealth, of the second part, witnesseth: - That whereas, said Commonwealth and the city of Boston Preamblerelatino to the have recently laid out a new street, eighty feet wide, between SO-foot street the " Public Garden,"' so called, of said city, and land of said next the Public Garden, and Commonwealth, extending from the Milldam, or Beacon Street, Avenue Five. to Boylston Street. And whereas, by an Indenture between said Commonwealth and said Boston Water Power Company, dated June 9, Company; and by a Committee of the City Council of the city of Boston, viz: Farnham Plummer, Pelham Bonney, Oliver Frost, Ezra Farnsworth, and John G. Webster, the approval of the Mayor being appended.' Recorded with Suffolk Deeds, lib. 719, fol. 36. 272 ORDINANCES. 1856, Dec. 27. A. D. 1854, and recorded with Suffolk Deeds, lib. 665, fol. 145, an avenue therein called avenue number "five," was laid out one hundred and twenty feet wide, extending over the receiving basin of said company parallel with the Milldam, from avenue number " one," described in said Indenture, to the " cross-dam." Avenue rive to And whereas, it is now agreed by and between the parties be widened, hereto, that instead of said avenue number c" five," a wider and more extended avenue shall be laid out as follows: An avenue beginning on said new street, the point of intersection of the northerly line thereof with the westerly line of said new street, being five hundred fifty-two and a half feet southerly from the Milldam, or Beacon Street, thence extending westerly, of the clear width of two hundred feet, parallel with the Milldam, to the road leading from the westerly end of said Milldam to Roxbury and Brookline, called the "Punch Bowl" road. Said avenue to be filled up to the level of the Milldam. And to be divi- And whereas, it is further agreed by and between the parties ded into roadway and walks hereto, that not less than forty-four feet in width from each side with trees, &c. of the foregoing, described avenue shall be appropriated and used as and for open streets or highways, part to be roadway, and part sidewalk, and to remain forever open and unobstructed; and that the remainder of said avenue, not exceeding one hundred and twelve feet in width, shall be appropriated for a walk, the planting of trees, shrubbery, and grass, and otherwise ornamented, so as to exclude carriages, horses, and other vehicles and animals from the same, excepting where intersected by streets or avenues. Houses to set And whereas, it is further agreed by and between the parties back 20 feet. hereto, that buildings shall never be erected on the lots belonging to either party bounding on said avenue, any part of which buildings shall be within the distance of twenty feet from the front line of such lots: provided, however, that fences may be erected and maintained on the said front line of said lots, and steps and other usual projections from the fronts of said buildings may be made within said distance of twenty feet from said front line. AGREEMENTS. 273 And whereas, it is further agreed by and between the parties Water Power Company to fill hereto, that said Boston Water Power Company shall fill up up portions of the avenue. sixty feet in width of the portion of said avenue situated east- theavenue erly of the cross-dam, where said Company owns the land ad- 156, Dec. 27. joining on one side only, and one hundred and twenty feet, where it owns the land adjoining on both sides thereof; said filling to be done on the same terms and conditions as now provided by the several indentures between said Commonwealth and said Company for the filling of said avenue number " five." It being understood that the residue of said portion of said avenue bounded by the land of said Company, and east of the cross-dam, may be filled by either of the parties hereto, or such parties as they may authorize, and neither party is bound to fill the same until they shall deem it expedient so to do. And whereas, it is further agreed by and between the parties A railroad may be laid for purhereto, that the said Commonwealth, or the said Water Power poses of filling Company, may build, or cause to be built, a railroad in said up only. avenue hereinbefore described, over the lands in said avenue belonging to the respective parties, from said "Punch Bowl" road to the easterly boundary of the land belonging to said Commonwealth, for the purpose of bringing in earth and gravel, and materials for filling the lands of said Commonwealth and said Company, and for no other purpose: provided, that said railroad shall not be used for such transportation of earth and gravel in said avenue or any other street where the same shall be completed and buildings erected thereon, without the consent of both parties hereto. Now, in consideration of the premises, and of the grants, Commonwealth agrees to lay releases, covenants, and agreements in this indenture contained out said aveand set forth, the said Commonwealth doth hereby covenant nue on its land with the restricand agree to and with the said Boston Water Power Company tions named. and its assigns, that the said Commonwealth will lay out, and it doth hereby lay out so much of said avenue herein described, of the width of two hundred feet, as passes through the land belonging to said Cmmonwealth; that neither said Commonwealth nor its assigns shall ever erect, or cause to be erected, any building on the lots bordering on said avenue within 35 274 AGREEMENTS. 1856, Dec. 27. twenty feet from the lines thereof on either side; and that said avenue shall be kept open and used for the purposes and in the manner hereinbefore mentioned and described, forever. Commonwealth And for the considerations aforesaid, the said Commonwealth releases certain rights to the doth hereby release, and forever quitclaim and convey to the channel in the receiving basin. said Boston Water Power Company, its successors, and assigns, all said Commonwealth's right, title, and interest in and to the channel in the receiving basin, which is situated westerly of the fourth avenue described in said indenture of June 9, 1854, and southeasterly of the Boston and Providence Railroad, reserving the right to lay out streets over the same on the terms and conditions provided by the several indentures between the Commonwealth and said Company for laying out streets in the Back Bay over the lands of said Company; and also, all the right, title, and interest of the said Commonwealth in and to the soil and freehold of the flats and channels in the full basin of said Company, reserving the aforesaid right of said avenue of two hundred feet in width, as herein described and provided. Water Power And in consideration of the grants, releases, covenants and Company agrees to lay agreements in this Indenture contained and set forth, the said out its portion of saidPavenue, Boston Water Power Company doth hereby covenant and agree and fillup, &c., to and with the said Commonwealth and its assigns, that said and impose the restrictions Company will lay out, and it doth hereby lay out, so much of named, said avenue herein described, of the width of two hundred feet, as passes through the land of said Company; that it will fill a portion of the same to the extent and in the manner hereinbefore referred to and set forth; that neither the' said Company, nor its successors or assigns, shall ever erect, or cause to be erected, any building on the lots bordering on said avenue within twenty feet of the lines thereof on either side; and that said avenue shall be kept open and used for the purposes and in the manner hereinbefore mentioned and described, forever. Duly executed. AGREEMENTS. 275 THE COMMONWEALTH AND THE BOSTON AND ROXBURY MILL CORPORATION. AGREEMENT. Parties. A public square to be kept open. Preamble, relating to previous Inden- The Mill Corporation releases to the tures; boundaries of dams and Commonwealth all its rights roads defined; dams and roads south of Milldam, reserving the to be free of toll after May 1, right to maintain a toll-house. 1863; a parcel of land to be The Commonwealth releases to Mill kept open as a public square, Corporation, certain lands and described. fiats. The Mill Corporation releases its The Mill Corporation to retain right of rights to dams, roads, &c. to the way and franchise of toll, acCommonw'h, subject to rights cording to Indenture of June of way and franchise of toll. 9, 1854. AGREEMENT.1 THIS INDENTURE Of two parts, made and concluded this Parties. thirtieth day of December, by and between the Commonwealth 1856, Dec. 30. of Massachusetts, acting by its Committee appointed under and in pursuance of the Resolves in relation to the lands in the Back Bay, approved May 30, A. D. 1856, of the first part, and the Boston and Roxbury Mill Corporation, a corporation duly established by the laws of said Commonwealth, of the second part, witnesseth: That whereas, by an Indenture between the said Mill Cor-Preamble poration and the Boston Water Power Company, dated May prevatiogt i 9, A. D. 1832,' duly recorded with the Deeds of Norfolk denturs. Recorded with Suffolk Deeds, liber 719, page 82. 276 AGREEMENTS. 1856, Dec. 30. and Suffolk County, it is among other things provided, that " no house or other building is to be erected within twenty feet of the south wall of said dam," (meaning the main dam of said iMill Corporation,) " and the intermediate space of twenty feet is to be kept open for a highway," and also that the Boston Water Power Company, its successors and assigns, will not build or erect, or permit any others to build or erect, within two thousand feet of the said south wall of the said Milldam, any bridge, road or other thing convenient for travel across the channels in the Back Bay therein described. And vwhereas, the said Mill Corporation has agreed to release the aforesaid restrictions to the said Commonwealth, with all their right, title and interest in and to the lands in the receiving and full basins, southerly of and adjoining said Milldam. And whereas, by an Indenture made and concluded June 9, A. D. 1854,2 between the parties hereto, duly recorded with said "deeds of said counties of Norfolk and Suffolk, the said corporation did covenant and agree amongst other things, that said corporation shall and will surrender to the said Commonwealth its franchise of toll, together with its right of way over the Milldam and cross-dam, and over all bridges and roads, as said roads are now constructed, connected with or leading to either of said dams, whenever certain events therein mentioned shall occur; or at the expiration of ten years from the first day of May, A. D. 1853. And whereas, it is now agreed by and between the parties hereto, that the limits and boundaries of the dams and roads referred to in said Indenture of June 9, A. D. 1854, shall be defined and established as follows, to wit: - Boundaries of That the southerly line of the Milldam shall be the southerly dams and roads defined. wall thereof, and the northerly line shall be a line parallel with, and twenty feet distant northerly from, the present northerly wall of said dam. That the lines of the cross-dam and the road leading therefrom shall be parallel with the centre line Ante, p. 222. 2 Ante, p. 245. AGREEMENTS. 277 of said cross-dam and road, and thirty feet distant therefrom on 1856, Dec. 30. both sides of the same, from the main dam to Stedman's Cove; and from thence to the westerly side of Stony Brook the easterly line shall be the present easterly line of said road, and the westerly line sixty feet westerly therefrom, all the aforesaid lines of said road on both sides to be extended straight at the angle at said cove until the same shall intersect; and from said Stony Brook to the land of Nahum Ward, the easterly line shall bound on the land conveyed by John Heath to Henry J. Oliver, and another; and the westerly line shall be the westerly side of said road as now used. That the lines of the Brookline branch or " Punch Bowl " road shall be parallel with and thirty feet distant on each side thereof from the centre line of said road as now built, and extending from said Milldam to Washington Street'a the town of Brookline. That the lines of the Brighton brancn or road shall be parallel with and thirty feet distant on each side thereof from the centre line of said road as now built, and shall extend from the Milldam aforesaid to the road leading from Brighton to Cambridgeport, and also that a triangular piece of land near or at the junction of the said Brookline and Brighton branches, filled up by said corporation, also a triangular piece of land at the said road from Brighton to Cambridgeport, described as containing thirty-nine rods, more or less, in the deed from John English to said corporation, dated November 28, 1818, shall both be a part of said road or roads. That the lines of the road called the " Watertown Turnpike" shall be parallel with and thirty feet distant on each side thereof from the centre line of said road as now built, and shall extend from said Brighton road to the main road in the town of Watertown. And whereas, it is agreed by and between the parties hereto Dams androads to be free of toll that said above-described dams and roads with the bridges con- ftber eay f,t nected therewith, shall forever be open as public highways, free 1863. from all toll, from and after the 1st day of May, A. D. 1863; and that said Mill Corporation shall now execute a formal surrender of said dams, roads and bridges unto said Commonwealth, subject to said corporation's rights, herein named, to 278 AGREEMENTS. 1856, Dec. 30. maintain its toll franchise and right of way until the happening of certain events, or until May 1, 1863. And whereas, it is agreed that all the residue of the lands belonging to said Boston and Roxbury Mill Corporation not included within either of the dams or roads above described, shall not be deemed or taken as a part of the said dams or roads to be surrendered to the said Commonwealth, according to the true intent and meaning of said Indenture of June 9, A. D. 1851. A parcel of land And whereas it is agreed by and between the parties hereto, to be kept open y asapublic that the following described parcel of land, wharf and flats, square; described. shall be laid out and kept open and unobstructed as a public square, for the use and benefit of the parties hereto and their assigns forever, to wit: a parcel bounded westerly by the westerly line of avenue number "Four," laid out through the receiving basin of the Boston Water Power Company, extended to the Commissioners' line of Boston harbor, southerly by the Milldam, two hundred and forty-five feet easterly by a line at right angles with said dam, and northerly by the Commissioners' line aforesaid, two hundred and forty-five feet: and that said corporation shall not build a sea-wall, or fill up the said fiats between the discharging sluices in said Milldam, and said Commissioners' line, between the most easterly and the most westerly side of said sluices; and shall fill only so much of the residue of said square, as the Commissioners on the Back Bay, or their successors, may require to be filled. And it is further agreed by and between the parties hereto, that the said parcel of land, flats and wharf to be laid out and kept open, as aforesaid, as a public square, shall be deemed and taken as a part of the land which the said Indenture, dated June 9, A. D. 1854, authorizes the Commissioners on the Back Bay, or their successors, to require for streets or other public uses. The Mill Cor- Now, in consideration of the covenants, agreements and reporation releases its rights leases herein set forth, the said Boston and Roxbury Mill to dams, roads, &c. to the Com-Corporation doth hereby release, remise and forever quitclaim monwealth, subject to rights to the said Commonwealth and its assigns, all the right, title of way and and interest of said corporation in and to the foregoing defranchise oll toll. AGREEMENTS. 279 scribed dams and roads, with all its rights in and to the land, 1856, Dec.30. flats and channels, with the bridges as above defined and described, and appertaining in all or either of said dams or roads, situated in either of the cities of Boston or Roxbury, or either of the towns of Brookline, Brighton, or Watertown. It being expressly understood, however, that said Mill Corporation retains and expressly reserves all the rights which it now has by its charter, and under the provisions of said Indenture, dated June 9, A. D. 1854, relative to its right of way and franchise of toll, and rights necessary and convenient to the full enjoyment of said rights of way and franchise of toll in, upon and over the several dams, roads and bridges hereinbefore described, upon the same terms and conditions, and for the same time, as provided in said Indenture of June 9, A. D. 1854. To have and to hold the foregoing granted and released premises to the said Commonwealth and its assigns forever, subject, nevertheless, to the uses and reservations above referred to and described. And for the considerations aforesaid, the said parties hereto A public square covenant and agree to and with each other that the aforesaid tobe kept open. parcel of land, wharf and flats on the northerly side of said Milldam, and adjoining said sluiceways, shall forever remain open and unobstructed as a public square, and for the use and benefit of the parties hereto and their respective assigns as hereinbefore set forth. And for the considerations aforesaid the said Mill Corpora- The Mill Corpo. tion doth hereby grant, remise, release and forever quitclaim ration rcoeleases unto the said Commonwealth and its assigns all the said cor- wealthall its rights south of poration's rights, title, interest and estates of every kind in, themilldam, reserving the upon and over the lands, marsh, channels and flats in the two right to mainbasins of the Back Bay in the cities of Boston and Roxbury, ta a toll. and the town of Brookline, adjoining and southerly of the southerly wall of the Milldam aforesaid, including in this release the restrictions hereinbefore mentioned as contained in said Inden4ure, dated May 9, 1832, between the said Mill Corporation and the Boston Water Power Company; reserving, however, to said corporation the right to keep and maintain its 280 AGREEMENTS. 1856, Dec. 30. toll-house during the continuance of its toll franchise, as hereinbefore named, at some convenient point south of said dam over the land of said Commonwealth, as mentioned in said above-named Indenture of June 9, 1854. Commonwealth And in consideration of the releases, covenants and agreereleases toill ments herein contained and set forth, the said Commonwealth certain lands doth hereby release and forever quitclaim to the said Boston and flats. and Roxbury Mill Corporation, and its assigns, all the land, marsh and flats now or heretofore belonging to said corporation, not included within the lines of said roads, dams and ways, hereinbefore described, excepting the following described piece of land and flats, to wit: Bounded easterly by a line twenty feet westerly of and parallel with the easterly line of avenue number " One," extended to the Harbor Commissioners' line; southerly by the Milldam; westerly by a line drawn at right angles with said dam from the westerly end of the northerly wall thereof; and northerly by said Commissioners' line: which land, so excepted, is to remain subject to the mortgage made by said Mill Corporation to said Commonwealth, and also to all the provisions and reservations contained in said Indenture, dated June 9, A. D. 1854. To have and to hold to said Mill Corporation and its assigns forever. The Mill Corpo- And for the considerations aforesaid, said Commonwealth' ration to retain rightof way and covenants and agrees that said corporation may and shall have franchiseoftoll all the rights of way and franchise of toll which it now has according to in- r a denture ofJune under and by virtue of the several acts establishing the said 9, 184. Mill Corporation, and of said Indenture, dated June 9, A. D. 1854, for the time and on the terms and conditions therein contained. Duly executed. AGREEMENTS. 281 THE CITY OF ROXBURY AND THE BOSTON WATER POWER COMPANY. AGREEMENT. Parties. 3. The Water Power Company 1. City of Roxbury, for $2,000, releases all rights of flowage releases to the Water Power in the full basin. Company, certain lands and 4. The Water Power Company flats. releases to the city of Roxbury, 2. City of Roxbury agrees to re- the right to lay a described lease certain other lands and drain. flats upon completion of a cer- 5. The Water Power Company tain sewer into Charles River; releases to the city of Roxbury proviso, reserving rights of the right to take up the gates watercourses. of the full basin. AGREEMENT.' This Indenture of two parts, made and concluded this Parties, 1864, Dec. 28. 28th day of December, in the year eighteen hundred and sixty-fdur, by and between the city of Roxbury, a Municipal' Corporation duly established by law in the County of Norfolk, and Commonwealth of Massachusetts of the first part, and the Boston Water Power Company, a corporation duly established by law in said Commonwealth of the second part witnesseth as follows, to wit: — ARTICLE 1. That the said city of Roxbury in consideration city of Roxbury, for $2000, of the sum of two thousand dollars to it paid by the said Boston releases to Water Power ComWater Power Company, the receipt whereof is hereby acknowl- parny certain edged, and of the grants, releases, covenants and agreements landsand flats. hereinafter set forth, doth hereby release and forever quitclaim to the said Boston Water Power Company, and its successors, and assigns, all the estate, right, title and interest of the said city in and to the lands, channels, and flats lying below the riparian line in the empty basin so called in the Back Bay on the westerly side of the city of Boston described in and released Recorded with Suffolk Deeds, lib. 852, page 265. 36 282 AGREEMENTS. 1864, Dec. 28. by the first article of a certain Indenture made the 9th day of June, A. D. 1854,' by and between the said Commonwealth of the first part, the said Boston Water Power Company of the second part, and such other owners or claimants of said land or flats in said Back Bay, as should by signing the same, become parties thereto, of the third part, approved by the Governor and Council on the 28th day of June, A. D. 1854, and now recorded in the respective registries of deeds within and for the several Counties of Norfolk, Suffolk, and Middlesex. To have and to hold the said released premises to the said Boston Water Power Company, and its successors and assigns, to its and their own use and behoof forever. City ofRoxbury ARTICLE 2. That for the considerations aforesaid, the said agsees to release certain city of Roxbury, for itself and its successors doth hereby coveother lands and fats, upon comr nant and agree to and with the said Boston Water Power pletionofacer- Company and its successors and assigns, that so soon as the tain sewer into Z Charles River. said city shall have completed the sewer into Charles River, hereinafter- described, the said city will release and forever quitclaim to the said Boston Water Power Company, and its successors and assigns, all the right, title, interest, and estate which the said city in and to all the lands, channels, and flats in the full basin, so called, in said Back Bay, and lying below the line of riparian ownership. Proviso, reserv- Provided, however, that neither this covenant nor the coning rights of watercourses. templated release shall affect any right which said city or its successors may have in common with other owners of land, over or through which any watercourse passes to a safe, suitable, or proper outlet and channel for such watercourse or courses to tide water. The Water ARTICLE 3. That in consideration of the releases and covepany releases nants hereinbefore written, the said Boston Water Power Comage in gthte full pany, for itself and its successors, doth hereby relinquish, rebasin. lease, and abandon all the rights of flowage of said Company in the full basin, in said Back Bay, subject to said Company's contracts with the Commonwealth of Massachusetts, now duly recorded in the proper Registry or Registries of Deeds, and Ante, p. 234. AGREEMENTS. 283 doth hereby covenant and agree to and with the said city of 1864, Dec. 28. Roxbury and its successors, and assigns, that neither the said Boston Water Power Company nor its successors or assigns, shall ever hereafter claim or exercise, or attempt to exercise any such right of flowage forever, except as they may be required to do, by virtue of the said contract with the Commonwealth of Massachusetts. ART. 4. That for the considerations aforesaid, the said The Water Power ComBoston Water Power Company doth hereby for itself and its pany releases to successors, release and grant to the said city of Roxbury, the city of Roxbury the right and its successors and assigns, so far as it has the right so to to lay a described sewer. do under the said contracts, with the Commonwealth of Massachusetts, the right to lay out, construct, and forever maintain, a drain or sewer in and through the lands which now belong or may hereafter belong to the said Boston Water Power Company, in the said full basin in the Back Bay, from the Roxbury line to low water-mark north of the Milldam in and through some street or streets, laid out or to be laid out by the said Boston Water Power Company east of the junction of Brookline Avenue, so called, with the Milldam and west of the eastern abutment of the sluiceway in the full basin, and running as directly as may be, and as nearly as may be at right angles with the said Milldam, which said drain or sewer may be of sufficient size and capacity, not exceeding forty feet in width, for the proper drainage of that territory, within the corporate limits of the said city of Roxbury which is now drained or in the course of the improvement and settlement of the said city, may require to be or may conveniently be drained through said full basin; and the said drain or sewer shall be the sole property of the said city of Roxbury and its successors and assigns, who shall have power to prescribe the mode of using the same and the terms upon which the right to enter and use the same by any other person or persons shall be granted; giving to said Boston Water Power Company the right to use and enter the same upon the same terms upon which like rights may be given to other persons. And it is further understood and agreed that the said city of Roxbury shall not require the payment of such 284 AGREEMENTS. 1864, Dec. 28. assessment as may be lawfully made upon the lands of the said Boston Water Power Company for or on account of the construction of said sewer, or any part thereof, until the land through which the said sewer shall be built shall be entirely built up and require drainage. The Water ART. 5. 5 That for the considerations aforesaid the said Power Company releases Boston Water Power Company doth hereby, for its successors, othue city thf release and grant to the said city of Roxbury and its successors Roxbury the right to take up and assigns, so far as it has the right so to do under said conthe gates of the full basin. tracts with the Commonwealth of Massachusetts, and also under its contracts with the Boston and Roxbury Mill Corporation, and subject thereto, the right at any time to remove the gates of the full basin aforesaid and to take up and remove any part or the whole of the substructure or foundation of the same, provided that such taking up and removal shall be done in a workmanlike manner and so as not to impair the strength of the said Milldam. Duly executed. CITY OF BOSTON AND J. E. AND N. BROWN. AGREEMENT. Bridge to be conveyed to city, but Parties. not the land under it. Conveyance of certain lands to the J. E. and N. Brown, to grade the city. land described. J. E. and N. Brown, to construct a Consideration, to be paid by city, bridge. $ 53,850. City of Boston to construct a drain City to set edgestones and pave through certain land. gutters. Specifications of bridge. AGREEMENT. Parties. This Indenture of two parts, made and concluded this 1864, June. day of June, in the year of our Lord one thousand eight hundred 1This Agreement was approved by the City Council, June 20, 1864, but never was executed by the parties. The stipulations, however, were carried AGREEMENTS. 285 and sixty-four, by and between the city of Boston, of the first 1864, June. part, and Joseph E. Brown of Boston, in the County of Suffolk, and Nathan Brown of Roxbury, in the County of Norfolk, and both in the Commonwealth of Massachusetts, of the second part, witnesseth - That, whereas the said parties of the second part have by Conveyance of certain lands to their deed of even date with these presents conveyed to the said the city. city of Boston certain lands in said deed fully described and shown on a plan made by Alexander Wadsworth, dated September 14, 1863, and to be therewith recorded, certain portions of which are to be laid out and used as a public street of said city; and whereas they have agreed with said city that they will, as soon as said city shall have laid the drain hereinafter provided for, and in conformity to the specifications herein contained, proceed to grade, and construct a bridge to connect the J. E. andN. following-described parcels of said land, to wit: beginning at a Brown to construct a bridge. point in Columbus Avenue, so called, three feet and seven inches southwestwardly from its point of coincidence with Grenville Place, so called, as shown on said plan; thence running southwardly by a line parallel with and distant three feet southwestwardly from the line called the first line on the plan of the Back Bay Lands, to land of the Boston and Worcester Railroad Company, and seventy-eight feet two and one half inches further in the same direction; thence westwardly by the line drawn on said plan forty-one feet three and one quarter inches; thence northwardly by a line parallel with and distant forty feet southwestwardly from the first-described line, to said Columbus Avenue; and thence northeastwardly by said avenue, to the point of beginning: the second of said parcels of land consisting of all that is included between the first and third courses of the foregoing description, extended, and between H Street, so called, and the southerly side of the land of said Boston and Worcester Railroad Company; now, therefore, out; the street, sewer, and bridge were built, and the consideration ($ 53,850) was paid by the city in May, 1865. The paper is here printed on account of its relation to the general topic of the Back Bay filling, etc. 286 AGREEMENTS. City of Boston The said city of Boston hereby covenants and agrees forthto construct a drain through with to construct a drain throughout the entire length of said certain land. p 1864, June. first-described parcel of land,' from the land of the Boston and Worcester Railroad Company to said Columbus Avenue. Specifications The said parties of the second part hereby covenant and of bridge, agree that, as soon as said drain shall have been laid as aforesaid, they will commence and with all reasonable despatch prosecute to completion the erection of a bridge to connect said two parcels of land and the grading of said land, in accordance with the following specifications, to wit:The said bridge shall extend from the southerly side of the first-described parcel of land to the northerly side of the parcel last described, across the land and tracks of the Boston and Worcester Railroad Company, and shall be of the uniform width of forty feet; said bridge shall be built of iron beams six inches deep, and iron trusses, Boles's Patent, according to plans of the same for the roadway thereof, now in the possession of said city; said roadway shall be planked with three-inch plank, which shall be covered with two-inch plank, and the sidewalks shall be planked with two-inch plank, all to be of good sound spruce, and properly nailed; the outside fences of the sidewalks shall be a light truss of wood, covered with sheathing on both sides, four feet in height above the sidewalk, with a suitable coping thereto of wood; the iron trusses shall be painted, and the fences shall all be painted with three coats of paint well sanded to imitate sandstone or granite; the piles and stone abutments of the bridge shall be similar and in all respects equal to those of the bridge on Berkeley Street erected by the Boston and Providence Railroad Company; and said bridge shall be seventeen feet in clear height above the tracks Bridge to be of the Boston and Worcester Railroad. And when said bridge cityvebtotthe shall be completed the said parties of the second part hereby landunderit. covenant and agree that they will convey the same to the said city, but with no title to the land under it belonging to the Boston and Worcester Railroad Company. I Now Ferdinand Street. AGREEMENTS. 287 And the said parties of the second part further covenant and J. E. and N. Brown to grade agree that they will grade the land described in the last of the theland deforegoing descriptions from the present grade of said H Street sCribed. 1864, June. up to the top of said bridge by a gradual and regular ascent; that they will grade the first-described parcel of land to a uniform grade of eighteen feet throughout its entire length, excepting that the grading of the same from the northerly side of said bridge shall be gradual and of easy descent to said grade of eighteen feet. The grading of said first-described land shall be supported by piling and planking on the easterly side thereof from the northerly stone abutment of said bridge to said Columbus Avenue, and on the westerly side thereof from said abutment to the land now owned by said parties of the second part, excepting where intersecting streets or ways are to enter upon said land, in which places the earth may slope down, provided the grade of eighteen feet be attained for the full width of forty feet. The said land shall be graded ready for the setting of edgestones and paving the gutters thereof: and all the said work shall be done to the satisfaction of said city. In consideration whereof, the said city of Boston hereby Consideration covenants and agrees to pay to the said parties of the second city:$538a.by part the sum of fifty-three thousand eight hundred and fifty dollars, from time to time as the work progresses, in such instalments as to it shall seem meet and proper; and when said work shall be completed, said city covenants and agrees to furnish and set edgestones and pave the gutters of the land before described. 288 AGREEMENTS. THE COMMONWEALTH OF MASSACHUSETTS, THE BOSTON WVATER POWER COMPANY, AND THE CITY OF BOSTON. AGREEMENT. 5. Plan to be adopted; streets to Parties. correspond therewith. Preamble, relating to Tripartite In- 6. The Water Power Company denture of 1856; and certain to convey certain lands to the sewers therein agreed upon. city for an Institute of Fine 1. Release of obligations to build Arts. the main sewer. 7. The Water Power Company to 2. The Commonwealth agrees to give the city the option of purconstruct a sewer in Berkeley chasing "Reserved" lots at Street; described. fifty cents a foot. 3. The Water Power Company to 8. The Commonwealth may make pay the city $ 50,000. certain changes in its plans. 4. The city to continue the Berkeley 9. Indenture of December 11, 1856, Street sewer to the Worcester to remain in force except as Railroad, and also to build modified. sewers in Columbus Avenue. AGREEMENT.1 Parties. This Indenture, of three parts, made and concluded this 1864, Dec. 31. 31st day of December, in the year of our Lord one thousand eight hundred and sixty-four, by and between the Commonwealth of Massachusetts, acting by its Commissioners on Public Lands, of the first part, the Boston Water Power Company, a corporation established by the laws of the said Commonwealth, of the second part, and the city of Boston, acting by its committee duly authorized, of the third part. Preamble relat- Witnesseth, that, whereas by an Indenture of three parts, ingto Tripartite made and executed between the same parties, bearing date the Indenture of 1856,andcertain 11th day of December, in the year of our Lord one thousewers therein agreed upon. sand eight hundred and fifty-six,2 provision is made for the 1864, Dec. 31. building of two large main sewers, m the Back Bay Lands, so called, one beginning at Tremont Street, in the city of Boston, and passing through the first street of avenue numbered four on Recorded with Suffolk Deeds, liber 854, folio 241. 2 This is known as the " New Tripartite Agreement." See ante, p. 258. AGREEMENTS. 289 a plan of the Back Bay Lands referred to in said Indenture, 1864, Dec. 31. to the first street south of the Milldam, thence through said last-mentioned street to a point opposite to the most easterly discharging sluice of the receiving basin; thence to the said sluiceway and opening into the same; and one from Camden Street to the aforesaid main sewer; the said sewers were to be not less than three feet in diameter at Tremont and Camden streets, and not less than nine feet at said sluice, and to be built by the three said several parties in parts as specified in the said Indenture; and whereas it is deemed expedient and for the interest of all the said parties, that the said sewers shall not be built, and that other means of draining shall be provided in lieu thereof; and whereas by the said Indenture certain provisions were made in regard to the laying out and making of streets or ways on the Back Bay Territory, so called, lying in the westerly part of the city of Boston, which it is deemed expedient to change in some respects. Now, therefore, it is agreed by the said parties as follows, viz -- First. Each of' the said parties is hereby released and dis- Release of oblicharged from its obligation to build any part of the two afore- gatmain to build said main sewers or of either of them. ers. Second. The said Commonwealth hereby covenants andThe Commonagrees, in place of the sewer it has laid in Berkeley Street to toealth agrees construct in bricks and cement in a good, substantial, and s~eweronBerkeley Street; deworkmanlike manner, equal in capacity to a sewer of six feet in scribed. diameter, a sewer from Charles River through Berkeley Street to the line of the Boston and Providence Railroad, and also a similar sewer of equal capacity from Charles River through Dedham Street to the line of the Commonwealth's land, and a continuation of the last-mentioned sewer, with a gradual and regular diminution in size, until it is reduced to a capacity equal to a sewer of three feet in diameter at its terminus, from the said line of the Commonwealth's land, across the land of the said Boston Water Power Company, a distance of three hundred feet towards the Boston and Worcester Railroad; and to furnish and set for each of the said sewers substantial tidal gates: and to do all the said work at a grade agreed upon, so 290 AGREEMENTS. 1864, Dec. 31. as to accommodate existing lateral sewers, by and under the superintendence of an engineer employed by the city of Boston; and the said sewers shall thereafter become a part of the sewerage of the city of Boston; and until the streets through which they run are accepted by the said city as public highways, the said city shall have the right to enter upon the said streets for the purpose of repairing, cleaning, or relaying the said sewers. The Commonwealth shall, however, have the right under the direction of the Superintendent of Sewers in said city, to enter its other drains or sewers into the two said main sewers, to drain all its lands; but this right shall not extend to tthe assignees of the Commonwealth. Water Power Third. The said Boston Water Power Company hereby Company to pay the city $50,000. covenants and agrees to pay the said city of Boston the sum of fifty thousand dollars in consideration of the premises. City to continue Fourth. The said city of Boston covenants and agrees, that the Berkeley it will build a continuation of the sewer to be laid by the ComStreet sewer to the Worcester mionwealth in Berkeley Street as aforesaid, with a reduced diamRailroad, and also to build eter, under the Boston and Providence Railroad, across the lsewers in eue land of the said Boston Water Power Company to the Boston etc. and Worcester Railroad; also a sewer of three feet in diameter at its commencement and six feet at its outlet, from some point on Camden Street north of Tremont Street, through Columbus Avenue, Avenue Third, Dedhamn Street, Montgomery Street, Union Park and Union Park Street, to the South Bay; and also a sewer of proper dimensions from the last-mentioned sewer and connecting therewith, through Montgomery and Clarendon streets, and other streets, if necessary, to the Boston and WVorcester Railroad, or as near thereto as a sewer may be needed for domestic purposes. The lines of all said sewers are marked on the plan hereinafter referred to. Plan to be Fifth. The said parties of the first and second parts coveadopted;streets nant and agree, and the said party of the third part assents, to correspond therewith. that a plan of the said territory, bearing even date herewith and signed by the three said several parties hereto, showing the contemplated streets on the said territory, shall be adopted in lieu of the plan which was heretofore agreed upon by the said par AGREEMENTS. 291 ties, or any of them; and that all streets and ways which shall 1864, Dec. 31. be made on so much of the said territory as belongs to the said parties of the first and second parts shall be according to the said plan adopted by this instrument. Provided, that nothing in this new plan shall interfere with the plan of lands belonging to the Commonwealth and adopted by the Commissioners on public lands, except as hereinafter provided, and except so far as is necessary to connect Huntington Avenue with Boylston Street. Sixth. The said party of the second part covenants and Water Power agrees to and with the said party of the third part; that it will Company tao convey to the said party of the third part, upon the execution of land to the city for an Institute this instrument, a certain parcel of land in fee, which is deline- of Fine Arts. ated on the said plan hereby adopted and marked " Proposed Site for an Institute of fine arts;" and the conveyance shall include all the land so marked extending to the middle of each of the streets or ways by which the said land is bounded, as indicated on the said plan. The said conveyance shall, however, restrict the sald party of the third part from using the said land or permitting it to be used for any purpose other than a public square or for a building to be devoted to the promotion of the fine arts. Seventh. The said party of the second part further covenants Water Power and agrees to and with the said party of the third part, that it Companity th e will convey to the said party of the third part any or all of the option of purchasing Reparcels of land, after they shall have been filled to the estab- servedlots at fifty cents a lished grade, which are designated on the said plan hereby foot. adopted as " reserved," so far as the said parcels are within the limits of the lands of the said party of the second part, which the said party of the third part shall elect to purchase at the rate of fifty cents per square foot; and so often as either of the said parcels of land designated as" reserved" shall be filled as aforesaid, the said party of the second part shall give notice thereof to the said party of the third part, and the said party of the third part shall thereupon determine whether it will purchase such parcel as aforesaid. Eighth. The said party of the first part may so alter the Commonwealth AGREEMENTS. may make cer- plan heretofore adopted for laying out and selling the lands of tain changes in its plans. the Commonwealth on the Back Bay as to reduce the width 1864, Dec. 31. of the street next West of Dedham Street, and running parallel thereto from the Boston and Worcester Railroad to Beacon Street, from eighty feet to sixty feet in width, and may discontinue as a public square and sell for building purposes the land laid down as a public square on the said plan at the corner of the street next west of Dedham Street and Beacon Street, and may also discontinue and sell for building purposes the land laid down on the said plan as a street running from Marlborough Street to Beacon Street. And it shall be optional with the Commissioners on Public Lands, or those having their powers, at any time hereafter before making further sales on Dedham Street, to increase the width of said Dedham Street from the point where it connects with Huntington Avenue to Beacon Street to one hundred feet, to correspond with the laying out of said Huntington Avenue. Indenture of Ninth. The aforesaid Indenture dated the 11th day of remc.ain in force December, A. D. eighteen hundred and fifty-six, shall remain except as mod-in full force, except in so far as the same is expressly changed ifled. or modified by this instrument; and all rights which have accrued to either of the said parties thereunder shall remain and continue as perfect as if this instrument had not been made. Duly executed.' Signed by the Commissioners on Public Lands, for the Commonwealth; by Nathan Matthews. President of the Water Power Company, and by the Joint Special Commissioners on the Back Bay, for the city. AGREEMENTS. 293 CITY OF BOSTON AND BOSTON AND WORCESTER RAILROAD CORPORATION. AGREEMENT. land, at the foot of Fayette Boston and Worcester Railroad Cor- Street; reserving rights of way poration conveys to the city of and claims for damage by closBoston a described parcel of ing Fayette Street. AGREEMENT.' KNOW ALL MEN BY THESE PRESENTS; That the Boston and Worcester Railroad Corporation, a1S65,May 1. Corporation duly established by law in the Commonwealth of Massachusetts, in consideration of five thousand two hundred and six and 15%0~ dollars paid by the city of Boston, a Corporation duly established by law in said Commonwealth, the receipt whereof is hereby acknowledged, do hereby convey, grant, renlise, release, and forever quitclaim unto the said city of Boston, their successors and assigns, a certain piece of land situated within the city of Boston, and bounded and described as follows:Beginning at a point in the line dividing the land of the said Corporation from land of John Simmons and Joseph E. and Nathan Brown, which point is three feet distant westerly from the compromise line between land of said city of Boston and land of the Boston and Roxbury Mill Corporation, and from said point running westerly forty-one feet, three and one quarter inches by land of said Simmons and Browns, then running southerly eighty-three feet by a line parallel with, and fortythree feet distant westerly at right angles from said compromise line, to the southerly face of the stone abutment recently erected by said Browns; then running easterly by the southRecorded with Suffolk Deeds, liber 859, folio 29 L. 294 AGREEMENTS. 1865, May 19. erly face of said stone abutment about forty-two feet to a point three feet distant from said compromise line, thence running northerly about twenty-one feet to the line of Fayette Street, continued by a line parallel with and three feet distant westerly from said compromise line, thence running easterly about three feet to said compromise line, by the southerly side of said Fayette Street continued, thence running northerly thirty-six feet by said compromise line to the northerly line of said Fayette Street, thence running westerly about three feet by the northerly line of said Fayette Street continued, thence running northerly about twenty-eight feet to the point of beginning by a line parallel with, and three feet distant from said compromise line, containing three thousand four hundred and seventyone square feet. Reserving for said Boston and Worcester Railroad Corporation, their successors and assigns, servants and agents, a right of way as now used and enjoyed by them under the bridge, resting, in part, on said abutment, to pass and repass at any and all times, and for any and all purposes, on foot and with vehicles, and animals of any and all kinds, to, from, upon, and over Fayette Street, to and from any and all lands of said Corporation upon and over all and any part of a strip of land, parcel of the land before described and hereby released. Bounded southerly by the north stone abutment recently erected by said Browns, of the bridge by which Ferdinand Street passes over the railroad of said Corporation, northerly by a line parallel with said abutment, and forty-six feet therefrom, easterly by Fayette Street, and westerly by land of said Corporation, said city, by accepting, and in consideration of this deed, agrees to pay said grantors, their successors and assigns, full compensation for any and all loss, damage, or injury, if ally to them actually caused by said city discontinuing, raising, or lowering said Fayette Street, or in any way interfering with the free and convenient access to use of, or passage over either the same or said way above reserved, agreeing, that unless, after the delivery of these presents, such change shall take place in the condition of the lands of the grantor Corporation abutting on the premises, or the mode of using the AGREEMENTS. 295 same, shall be so changed, that no damage, loss, or injury is 1865, May 19. in fact so caused, they would be entitled to compensation as aforesaid, and would be so entitled under existing circumstances. To have and to hold the above-released premises with all the privileges and appurtenances to the same belonging to the said city of Boston, their successors and assigns, to their use and behoof forever. And they, the said Boston and Worcester Railroad Corporation, for themselves and their successors, do covenant with the said city of Boston, their successors and assigns, that the premises are free from all incumbrances made or suffered by Boston and Worcester Railroad Corporation. And that they will, and their successors shall warrant and defend the same to the said city of Boston, their successors and assigns, forever, against the lawful claims and demands of all persons claiming by, through, or under said Boston and Worcester Railroad Corporation, but against none other. Duly executed,' &c. CITY OF BOSTON AND THE BOSTON AND WORCESTER RAILROAD COMPANY. AGREEMENT. Bridge; city to build a portion Parties. of abutment; Boston and WorCity conveys certain land to railroad; cester Railroad to maintain a reserving right of way over; stone wall on line of HI Street; and grants to the railroad the and gives certain land for right to widen its track; to street purposes; city to have grade the land for widening H right to carry over water-pipes; Street, etc.; Boston and Wor- notice to be given of comcester Railroad to build a new mencement of work. abutment for Tremont Street AGREEMENT. This Indenture of two parts by and between the city of Bos- Parties. 1865, Dec. 21. ton partly of the first part and the Boston and Worcester Railroad Corporation, a Corporation duly established by authority On the 19th day of May, 1865. 296 AGREEMENTS. 185, Dec. 21. of the Commonwealth of Massachusetts party of the second part witnesseth: - That said parties each in consideration of the grants and agreements of the other herein contained, hereby respectively grant and agree as follows - City grants cer- First. The said city of Boston doth hereby give, grant, tain land To Boston and bargain, sell, and convey, to the said Boston and Worcester Worcesterving Railroad Corporation, its successors and assigns, a strip of land road; reserving right of way on the southerly side of the railroad of said Corporation, where over. said railroad passes under Tremont Street in said city; twentytwo (22) feet wide, measuring from the northerly face of the present southerly abutment of the present bridge by which said street now passes over said railroad and of a length equal to the present width of said Tremont Street at this place. Reserving to said city the right to have said Tremont Street maintained and carried by a substantial bridge over said strip of land and the railroad of said party of the second part as and for a public highway within the limits, at the height and in the manner herein set forth and provided. And grants to And said city of Boston agrees that said party of the second the railroad the right to widen part may widen its railroad under Tremont Street by taking its track. and permanently holding said strip of land, may remove the southerly abutment of said bridge, and build a new abutment, the northerly face of which at its foot shall be not more than thirty-five (35) feet southerly from the centre of the space between the present tracks of said railroad. City to grade Said city of Boston agrees to fill up and grade the parcel of the land for widening H land hereinafter described, required to widen street H so called, Street, &c. between Ferdinand and Tremont streets, after said party of the second part shall have built the retaining wall as hereinafter provided, and to do all the filling, grading, and paving, made necessary by the widening of said Street H, or the rebuilding of the bridge and abutment herein agreed upon; and said city of Boston also agrees to build and forever maintain all structures necessary for carrying the Cochituate water pipes over the railroad of said Corporation. Said structures shall be without columns or piers, and shall be placed at the same height in the AGREEMENTS. 297 clear above the tracks of said railroad as the bridge which said 1365, Dec. 21. party of the second part is to build as herein provided, shall be westerly of said bridge, and of such width only as the party of the first part shall deem necessary; but in no event to extend in width more than twelve (12) feet westerly of said bridge, nor shall any portion of said structures or of anything connected therewith, be placed below said height, where the same passes over the said strip of land or the location of said railroad. The said Boston and Worcester Railroad Corporation hereby Boston and Worcester Railagrees to remove the present southerly abutment of the bridge road Company over its railroad at Tremont Street, and to build and forever to buildnew maintain a new abutment, the northerly face of which at its Tremont Street Bridge, foot shall not be more than thirty-five (35) feet southerly from the centre of the space between the present tracks of the said railroad; said abutment to commence at the easterly side of Tremont Street and to extend in a westerly direction thirteen and four-tenths feet beyond the westerly line of said street, said portion so extending to be built as hereinafter provided; to build and forever maintain a substantial iron bridge over its railroad and said strip of land of a width equal to the present width of Tremont Street the top surface of which when completed shall be at the level of twenty-two (22) feet above mean low water; said bridge to be so constructed as to have not more than two roadways, and to have suitable sidewalks ten (10) feet wide. The said city of Boston agrees to build at its own expense City to build a portion of abutthat portion of the abutment which will extend thirteen and menit. four-tenths (13A4 ) feet west of Tremont Street, upon which will rest the structures necessary to carry the water pipes over the said railroad, and agrees with said party of the second part that said city will pay all damages sustained by any person by reason of raising either Tremont Street or the said bridge above the present grade or level of the said street or said present bridge respectively. Said party of the second part agrees to build and forever Boston and maintain a~~~~~~good andsustatil so~Worcester Railmaintain a good and substantial stone-wall between Ferdinand road to main38 298 AGREErMENTS. tain a stone Street and the northerly end of the new southerly abutment, wall on line of H Street. above referred to, on the line of the widening of said Street 1, 1865, Dec. 21. and as high as the grade which has been established by said city, for said street HI, at this locality. Boston and Said Boston and Worcester Railroad Corporation doth hereby Worcester Railroad givescer give, grant, bargain, sell and convey to said city, a parcel of tain lands for su street purposes. land situate in said city, bounded and described as follows, viz: southerly by the present line of said street H, there measuring seventy-three (73) and four tenths (-14) feet; westerly by Ferdinand Street, sixteen and seventy-two one hundredths (16-7' —) feet; northerly by the proposed line of widening of said Street H, eighty-seven and three tenths (87k3) feet; northerly again by the same thirteen and four tenths (13~4 ) feet (the last-described line being the line of said extension of the said abutment as aforesaid); and easterly by Tremont Street, to said present line of street H, about fortyeight and thirty-two one hundredths (48%-~-) feet; containing two thousand six hundred and thirty-one (2,631) square feet more or less. Said parcel to be used only for the purposes of a public street of the city of Boston, and for the necessary structures for carrying the Cochituate water pipes over said railroad. Also a certain other parcel of land on the northerly side of said railroad required by said city for the northerly abutment of the structure necessary for carrying the Cochituate water pipes over said railroad, bounded as follows, viz: Beginning at a point where the westerly line of Tremont Street intersects the southerly face of the northerly abutment of the Tremont Street Bridge, thence running westerly by a line in the continuation of the southerly face of said abutment twenty and eighty-three one hundredths (208 3 ) feet; thence turning at right angle and running northerly by land of said Corporation six (6) feet; thence northeasterly by land of said Corporation thirty-four and seventy-five one hundredths (34750) feet; thence easterly by the same, two and six tenths (2 6 ) feet; thence southerly along the said westerly line of Tremont Street twenty-four (24) feet to the point of beginning. Containing three hundred and forty and six tenths (3406,a) square feet AGREEMENTS. 299 more or less; reserving to said Corporation the right to pass 1865, Dec. 21. and to repass over such portions, or the whole of the parcel of land last described, and to make all such other uses thereof, as shall be compatible with the safety, security, and maintenance of the water pipes, but not to pass over the same in such manner, or to make any such use thereof, as shall be in the reasonable opinion of the Cochituate Water Board, not compatible with the safety, security, protection, and location of said water pipes. The said city of Boston agrees to build at its own expense, the abutment which is to stand on the last-described parcel of land. The above described and conveyed strip and parcels of land proposed widening of street H, and proposed location of abutment, are shown on a plan made by N. Henry Crafts, City Engineer, dated December 4, 1865, signed by the respective parties, and deposited in the office of the said City Engineer, and whereon said strip of land first mentioned, is marked A, said second mentioned parcel B, and said third mentioned parcel C. Said Corporation also hereby grants to said city the right to City to have build and forever maintain suitable structures for carrying said roget toaer-rY water pipes over its railroad, but only in the limits and manner pipes. aforesaid. Each party agrees to give at least sixty days' notice in writ- Notice to be given of coming to the other, of its intention to commence the work to be mencement of done by such party as herein set forth, and so to prosecute the work. same as not to endanger the safety or security of said water pipes, or of the said railroad or its business, respectively. All the work as herein specified, is to be completed during the year A. D. eighteen hundred and sixty-six, unless otherwise mutually agreed upon by the said parties of the first and second part, by a written indorsement upon this instrument signed by the said parties. Duly executed. 300 AGREEMENTS. JACOB ULMAN AND OTHERS, AND THE BOSTON WATER POWER COMPANY. AGREEMENT. property and drainage east of Boundary lines fixed. the boundary line fixed. Parties release to the Water Power The water Power Company guaranCompany all rights of property tees right to dig drains to the in the basin. channel. The Water Power Company guaran- Tide water not to be raised more than tees the rights of parties to necessary for mill power. AGREEMENT. Parties. This Indenture, bearing date this 9th day of January, 1839, Jan. 9. Anno Domini 1839, made by and between the several persons whose names and seals are hereto set and subscribed of the first part, each for himself severally, and not one for any other, and the Boston Water Power Company, a Corporation established within and by the authority of the Commonwealth of Massachusetts of the second part, witnesseth:That for the purpose of adjusting and settling all controversy and questions touching the claims and rights of the respective parties within and about the basin, and fixing the boundary lines thereof, the parties aforesaid do severally and mutually agree, each of the first part, for himself respectively, and the said Corporation of the second part, by and with the others, and with each of them, that the boundary line between the lands and flats of the individuals who have become parties hereto of the first part, and the said Boston Water Power Company of the second part, respectively shall be, and hereby Boundarylines is settled to be their boundary line as follows: that is to say, a fixed. straight line beginning at a cedar post on said dam, six hundred and fifty feet from Charles Street, established as a boundary line between land of the city of Boston and the Boston and Roxbury Mill Corporation, and continued by a stone post Recorded with Suffolk Deeds, liber 463, folio 217. AGREEMENTS. 301 at the bottom of the land of the city upon Pleasant Street, to 1839, Jan. 9. a stone post on Castle Street; it being the line called the first line in an agreement fixing the boundary lines between lands of said Corporation and the city of Boston, and others, which agreement bears date the 26th day of December, A. D. 1826; said line shall be the boundary line between the lands of the individuals of the first part, and of said Boston Water Power Company. And the said individuals of the first part do hereby severally agree with the said Boston Water Company, in consideration of the several grants, covenants, and agreements of the said Corporation hereinafter contained, that the said Corporation shall have, hold, and enjoy all the right, title, and in- Parties release to the Water terest of every name and nature which the said individuals or Power Comeither of them, the proprietors of flats and real estate aforesaid, pany all right of property in have or ever had in and to the land and space within said basin the basin. lying westwardly of said boundary line; and do hereby grant and convey the same accordingly. To have and to hold the above-granted premises, with all the privileges and appurtenances to the same belonging, to them the said Boston Water Power Company, their successors and assigns, to their own use and behoof forever: so that neither of said proprietors of flats and real estate of the first part, nor any person claiming from, by, or under them, or either of them, shall claim or demand any right, title, property therein forever. And in consideration of the premises, the said Boston Water Power Company does hereby agree with the said individuals of the first part, and each of them, that the said individuals respectively shall have, hold, and enjoy all the right, title, and interest, whether of property or right of flowage, and every other, of what name or nature soever, which the said Corporation has or ever had in The Water Power comand to the land and flats claimed by said individuals of the first panyguarpart, respectively, lying eastwardly of said line, and between antees the right of parties to said line and said individuals' adjacent upland. To have and property and flowage east of to hold the same, with all the privileges and appurtenances theboundary thereto belonging to them separately and respectively, accord- line fixed. ing to their several rights in and to the upland to which the said flats are adjacent respectively, and to their heirs and as 302 AGREEMENTS. 1839, Jan, 9. signs, to their use and behoof forever; so that neither the said Corporation, nor any person or persons claiming from, by, or under them shall have, claim, or demand any title, interest, or estate, either of property or right of flowage therein, forever. Water Power And the said Boston Water Power Company does hereby Company guarantees right to covenant, grant, and agree that the said individuals of the first dig drains to the channel. part, their heirs and assigns, shall have and enjoy forever the right to dig, lay, and maintain all convenient and necessary drains from said uplands to the channel or deep water within the said basin, according to law, and the common and usual practice for the time being within the city of Boston. And the said Corporation agrees that they will not voluntarily let the tide water into said basin higher than may be necessary for the common and ordinary use of the mill power which they have, or may have, to the injury of the parties hereto: provided, however, that no damages shall be claimed of said Corporation by any of said parties, unless the water be thus voluntarily raised to a greater height than three feet above the level of low water in said basin at neap tides. And the parties aforesaid do hereby mutually agree, each for themselves respectively, with the others, and each of them, that they shall and will respectively make such other and further assurances as shall be necessary and proper to carry this agreement into effect, according to the true intent and meaning thereof. Duly executed.' 1 Signed'by the President of the Water Power Company, and by Jacob Ulman, James Newman, James Savage, and B. G. Trustees, George Hills, Joseph N. Howe, Isaac Parker, Isaac P. Townsend, and Jonathan Ireland. AGREEMENTS. 303 THE CITY OF BOSTON AND TIlE BOSTON WATER POWER COMPANY. AGREEMENT. Parties. The Water Power Company to erect Preamble relating to previous inden- a certain class of buildings. tures. No damages to be claimed for laying The city of Boston releases the out Boylston Street extended Water Power Company from as a highway. restrictions as to building; City of Boston to have right of drainother stipulations not impaired. age to the channel. AGREEMENT. 1 This Agreement, made this 19th day of December, in the Parties, 1855,' ZD Dec. 19. year of our Lord 1855, by and between the city of Boston of the first part and the Boston Water Power Company of the second part witnessfith - That whereas by a certain Indenture by and between the Preamble relating to previous city of Boston and Edward Tuckerman and others, and the agreements. Boston and Roxbury Mill Corporation, dated December 26, 1826,2 and by a certain other Indenture by and between the said city of Boston and the Boston and Roxbury Mill Corporation, on the 1st day of February, 1827,3 it was, among other things, agreed, " that neither the said Corporation nor their assigns shall erect any building within said basin [therein mentioned] in front and west of the city's land on Charles Street, within the distance of one hundred rods from said street, unless the city or its assigns shall erect buildings upon their said land in front and west of said Charles Street; and that neither the said Corporation nor their assigns shall at any time erect any buildings within said basin between said street and the channel immediately in front thereof, and west of said street whether said city shall use its said lands for building or not." And whereas the Boston Water Power Company, which Corpora-'Recorded with Suffolk Deeds, liber 710, folio 11. 2 Ante p. 209. 3 Ante p. 214. 304 AGREEMENTS. 1855, Dec. 19. tion has succeeded to the rights of the Boston and Roxbury Mill Corporation is desirious of improving its land on the southerly side of Boylston Street continued; and whereas there is a controversy as to their rights to erect buildings thereon; and whereas there is now no objection to the erection of buildings thereon, but on the contrary, such improvement of the territory is desirable, as increasing the taxable property of the city. Now therefore know all men, that the city of Boston, in consideration of the premises, and one dollar paid by the said Boston Water Power Company, the receipt whereof is hereby City of Boston acnowledged,. does hereby remise and release and forever releases the' Water Power quitclaim to the said Water Power Company, its successors and restrictions asfr assigns the stipulation and agreement recited in words and figto building. ures as aforesaid, so far, and so far only, as said agreement and stipulations restrict said Company, its successors and assigns, from building on the land of said Water Power Company south of the southerly line of said Boylston Street, as it now is, or as it may be when extended westerly in the same direction and between that line and the Providence Railroad track, and the said city makes no objections to the erection of buildings on such of the said Water Power Company's lands as are named in the portion of said Indenture recited as aforesaid, and are south of the southerly side of said Boylston Street extended as aforesaid, within the restrictions hereinafter named; but this release and agreement are not to affect or impair in any way or Other stipula- to any extent, any of the other stipulations, covenants or agreetions not im- - paired. ments, restrictions, or conditions, contained in said Indentures, nor the portions of same recited as aforesaid, in their application, if they do apply, to lands north, or northwesterly of the said southerly line of Boylston Street extended as aforesaid, or otherwise than as particularly -specified above. And the said Boston Water Power Company in consideration of the premises, does hereby for itself its successors and assigns, covenant and agree with the said city of Boston, its successors and assigns, The Water that all buildings erected on any portion of said lands situated Power Company to erect a within one hundred and twenty-five feet of Boylston Street, or certain class of buildings, the extension thereof as aforesaid, shall be of a good class not AGREEMENTS. 305 less than three stories in height, and built of no other materials 1855, Dec. 19. than brick, stone or iron, and that none of them shall be used for white or blacksmiths' shops, carpenters' shops, or for foundry or manufacturing purposes for railroad depots or stations, or for any business which shall be offensive to the neighborhood for dwelling-houses; and in case any building shall be erected or used in violation of this covenant or restriction, the said city may enter on the said land and remove the said buildings so erected, without any claim or right of damages on the part of the said Water Power Company, its successors or assigns, after sixty days' notice of their intention thus to enter and remove: and these covenants and restrictions are to run with and attach to said lands. And it is further agreed that, in case the city of Boston, at any time hereafter, shall lay out and accept the said Boylston Street, extended according to the plan of house lots and other land offered for sale by the Boston Water Power Company, dated April 10, 1855, from the end of Boylston St. to the Roxbury line, or shall lay out and accept Providence Street, extended to said line, as delineated on said plan, which plan is herein referred to for the purpose of showing said streets, and for no other purpose; the said Boston Wlater Power Company, their successors, and assigns, shall make no claim forNo odamages to he claimed land damages therefor, and the said city shall have the usual for laying out and all proper and necessary rights of sewerage and draining Boylston Street, C extended as through the said streets, and such other streets or avenues of highway. City of Boston said company and their successors and assigns as may be nec- to have right of drainage to the essary to secure a proper and suitable outlet to the channel. dainae to the 39 306 AGREEMENTS. COMMONWEALTH OF MASSACHUSETTS TO THE CITY OF BOSTON. AGREEMENT. | ton a certain part of Boylston The Commissioners on Public Lands Street as a highway, with right agree to give the city of Bos- j of drainage, &c. AGREEMENT.' KINOW ALL MEN BY THESE PRESENTS: 1865, May 27. That the Commissioners on Public Lands of the Commonwealth of Massachusetts, acting under the authority conferred upon them by the 142d chapter of the acts of the year 1861, do hereby offer to the city of Boston, as and for a public street, all the right, title, and interest of the Commonwealth in and The Commis- b sioners on Pub- to that portion of Boylston Street which extends from Arlinglic Lands agree to give the city ton to Berkeley streets as laid down on the plan accompanying of Boston a cer- the Fifth Annual Report of the Commissioners on the Back Bay, tain pqrt of Boylston Street dated January 21, 1857, and recorded with Suffolk deeds, as a highway, with right of September 2, 1858, and also on the plan recorded with Suffolk drainage, &c. deeds, Liber 788, folio 159, bounded as follows:Northerly by abutting lots five hundred and ninety-six feet; westerly by Berkeley Street eighty feet; southerly by abutting lots five hundred and ninety-six feet; easterly by Arlington Street eighty'feet. And upon the acceptance by said city of Boston of this offer, the said parcel of land shall become a public street, with all the rights of way, and of layinog sewers for draining and pipes for the distribution of water and gas, and with all other rights and privileges which now do or hereafter may, by law, appertain to public streets in said city of Boston. 1 Recorded with Suffolk Deeds, liber 863, folio 95. AGREEMENTS. 307 THE BOSTON WATER COMPANY TO THE CITY OF BOSTON. AGREEMENT. J land; to be used only for a The Water Power Company grants to I public square, or building for the City of Boston certain the promotion of the Fine Arts. AGREEMENT.1 KINOW ALL MEN BY THESE PRESENTS. That the Boston Water Power Company, a Coirporation duly 1865, December. established by the laws of the Commonwealth of Massachusetts, in pursuance of the provisions of a tripartite indenture made by and between the Commonwealth of Massachusetts of the first part, the said Boston Water Power Company of the second part, and the said city of Boston of the third part dated the 31st day of December, in the year 1864, and in consideration of one dollar paid' by the said city of Boston to the said Boston Water Power Company,. the receipt whereof is hereby acknowledged, doth hereby grant, bargain, sell, and convey to TheWatero the said city of Boston and its assigns forever, a certain parcel pany grants to the City of Bosof land situated on the Back Bay so called, in the city oftoncertain Boston in the County of Suffolk and Commonwealth aforesaid, land. and bounded and described as follows, viz:Northward by the centre line of St. James Street, there measuring three hundred and ten feet; westwardly by the centre line of Dartmouth Street (formerly called Dedham Street) three hundred and ninety-five feet; southwardly by the centref line of a street forty feet wide running parallel with and three hundred and fifty feet distant southwardly from said St. James Street; three hundred and ten feet, and eastwardly by the centre line of a street forty feet wide, running parallel with and two hundred and sixty feet distant eastwardly from said Dartmouth Street, three hundred and ninety-five feet; containing one hun1 Recorded with Suffolk Deeds, liber 870, folio 216. 308 AGREEMENTS. 1865, Dec. dred and twenty-two thousand four' and fifty square feet, more or less, and being delineated on a plan made by N. Henry Crafts, City Engineer, dated December 16, 1865, and deposited in his office, and a duplicate whereof is recorded with Suffolk Deeds at the end of Liber 869. Said land is hereby conveyed with the restriction that so much thereof as is not included in the aforesaid streets, shall never be used by the grantee or its To be used only assigns for any purpose other than a publie square or buildings for a public square or build- to be used and devoted to the promotion of the Fine Arts. To ing for the promotion of the have and hold the aforegranted premises with all the privileges Fine Arts. and appurtenances thereto belongings to the said city of Boston, its successors and assigns, to its and their own use forever in fee simple. And the said Boston Water Power Company doth hereby covenant with the said city of Boston, its successors and assigns, that the said Bogton Water Power Company is lawfully seized in fee of the aforegranted premises, that they are free from all incumbrances, that it hath good right to sell and convey the same to the said city of Boston, as aforesaid, and that it will warrant and defend the same to the said city of Boston, its successors and assigns forever, against the lawful claims and demands of all persons, T R U S T S. TRUST S. FRANKLIN FUND,' FOR THE ENCOURAGEMENT OF YOUNG MECHANICS. DR. FRANKLIN, in his Will, gave the inhabitants of Boston, in 1791, One Thousand Pounds Sterling, which he directed to be loaned in sums of not more than ~60 nor less than ~15, to one applicant at 5 per cent. interest; to be repaid in annual instalments of 10 per cent. each. These loans are restricted to "Young Married Artificers, under the age of 25, who have faithfully served an apprenticeship in Boston, so as to obtain a certificate of good moral character, from at least two respectable citizens, who are willing to become their sureties in a bond for the repayment of the money." The Doctor calculated (not anticipating any losses) that the One Thousand Pounds would increase in the course of one hundred years, to one hundred and thirty-one thousand pounds, ($582,000); and of this amount he would have the managers lay out 100,000 pounds in public works: and the remaining 31,000 pounds he would have continue on interest for another term of one hundred years, at the end of which time he calculated that the fund would be ~4,610,000; of which ~1,610,000 was to be at the disposition of the inhabitants of the Town of Boston, and the balance to the Government of the State. Amount of one bond in the hands of FREDERICK U. TRACY, ESQ., the Treasurer,2 $ 96 00 As it stood Dec. 31, 1865. 2 The office of the Treasurer of this Fund, F. U. Tracy, Esq., is at the City Treasurer's office, City Hall. His account is examined every year by a Committee of the Board of Aldermen, appointed for that purpose. 312 TRUSTS. Amount deposited with Massachusetts Hospital Life Insurance Co., $109,204 53 Amount deposited' in Provident Institution for Savings, 451 91 Amount deposited in Suffolk Institution for Savings, 430 12 Amount 31st December, 1865, $ 110,182 56 Amount 31st December, 1864, 102,156 73 Increase in 1865, $ 8,025 83 FRANKLIN SCHOOL MEDAL FUND. This is a legacy by BENJAMIN FRANKLIN, in 1790, the interest on which, since 1792, has been invested in Silver Medals, and distributed at the Annual Examination, among the most deserving boys in the WRITING AND GRAMMAR DEPART3MENTS. One Certificate of city five per cent Stock, $1,000 00 LAWRENCE HIGH SCHOOL FUND. This is a donation made by the late Hon. ABBOTT LAWRENCE, of Boston, in the year 1844, the interest on which is payable annually to the Sub-Committee of the ENGLISH HIGH SCHOOL, forI the time being; and is by them distributed in prizes for the best performances in various branches of Literature and Science in that Institution; and in such other Rewards to the Scholars in that School as the Committee shall recommend. One Certificate of city five per cent Stock, $ 2,000 00 LAWRENCE LATIN SCHOOL FUND. This is a donation made by the late Hon. ABBOTT LAWRENCE, in the year 1845, the interest on which is payable annually to the "Chairman of the sub-Committee of the TRUSTS. 313 PUBLIC LATIN SCHOOL, for the time being," and is distributed in Prizes for the general encouragement of the Scholars in such a wav as the Sub-Committee of that School shall consider advisable. One certificate of city five per cent Stock, $ 2,000 00 LATIN SCHOOL PRIZE FUND. This is a donation from a number of Gentlemen of Boston, in the year 1816, the interest of which is invested in Prizes which are annually distributed among the most deserving Scholars in the PUBLic LATIN SCHOOL. One Certificate of city five per cent Stock, $1,050 00 WEBB'S FRANKLIN SCHOOL FUND. This is a legacy made in the year 1828, by RUFUS WEBB, ESQ., who was for a great many years a WRITING MASTER in one of our Public Schools. The Income from this Fund is applied to the purchase of Books, &c., for the use of the Indigent Scholars in the WlIITING DEPARTMENT OF THE FRANKLIN SCHOOL. One Certificate of city five per cent Stock, for $ 1,000 00 SMITH FUND. This is a legacy by ABIEL SMITIH, ESQ., of Boston, (who died in 1815,) to the SELECTMIEN Of the TOWN OF BOSTON, for the time being. The Income from this Fund is appropriated towards the expense of "the Free Instruction of COLORED CHILDREN in Reading, Writing, and Arithmetic." One Certificate of city five per cent Stock, payable in the year 1880, for $ 4,000 000 Eleven shares Suffolk National Bank, Boston, par value, 1,100 00 40 314 TRUSTS. Thirteen shares in the Boston and Providence Railroad Corporiftion, par value, 1,300 00 Four Shares Continental National Bank, par value, 400 00 Two United States 7-3 Bonds, 200 00 $7,000 00 POOR WIDOWS' FUND. This is a donation made by MRS. JOANNA BROOKER, and others, in 1810, to the Selectmen of Boston, for the time being. The Income from this Fund is paid over in equal proportions, to the Aldermen of the city, and they distribute the same, at their discretion, for the relief of POOR WIDOWS AND SICK PEOPLE. One Certificate of city six per cent Stock, for $1,500,00 One Certificate of city six per cent Stock, 700 00 $3,200 00 LIBRARY FUNDS. BIGELOW FUND. - This is a donation made by HON. JOHN P. BIGELOW, in August, 1850, when Mayor of the city. The income from this Fund is to be appropriated to the purchase of Books for the increase of the Library. One Certificate of city six per cent Stock, for $ 1,000 00. Payable to the Chairman of the Committee on the Public Library for the time being. BATES FUND. -This is a donation made by JOSHUA BATES, ESQ., of London, in March, 1853. One Certificate of city six per cent Stock, for $ 50,000 00. " The Income only on this Fund is to be, in each and every year, expended in the purchase of such Books of permanent value and authority as may be found most needful and most useful." Payable to the Mayor of the city for the time being. TRUSTS. 315 PHILLIPS FUND. - This is a donation made by the HON. JONATHAN PHILLIPS, of Boston, in April, 1853. One certificate of city six per cent Stock, for $ 10,000 00. The interest on this Fund is to be used exclusively for the purchase of books for the said Library. Also, a bequest by the same gentleman, in his will, dated 28 September, 1849. One Certificate of city six per cent Stock, for $ 20,000 00. The Interest on which is to be annually devoted to the maintenance of a free Public Library. Both of these items are payable'to the Mayor of the city for the time being. Mr. Phillips died on the 29th July, 1860, at the age of 82, and this latter sum was realized by the city in April, 1861. LAWRENCE FUND.- This is a Bequest by the late HON. ABBOTT LAWRENCE, of Boston. One Certificate of city six per cent Stock, for $ 10,000. The interest on this Fund is to be exclusively appropriated for the purchase of Books for the said Library, having a permanent value. Payable to the Mayor of the city for the time being. TOWNSEND FUND.- This is a note secured by mortgage on an estate in the town of West Roxbury, for $ 4,000. It is a Donation from William Minot, and William Minot, Jr., Esqrs., executors of the will of Miss Mary P. Townsend, of Boston, at whose disposal she left a certain portion of her estate in trust, for such charitable and public institutions as they might think meritorious. Said executors accordingly selected the Public Library of the City of Boston, as one of such institutions, and attached the following condition to the legacy: " The income only shall in each and every year be expended in the purchase of Books for the use of the Library; each of which books shall have been published in some one edition at least five years at the time it may be so purchased." 316 TRUSTS. FRANKLIN CLUB FUND. One Certificate of city six per cent Stock, for $ 1,000. This is a Donation made in June, 1863, by a Literary Association of young men in Boston, who, at the dissolution of the Association authorized its Trustees, Thomas Minns, John J. French, and J. Franklin Reed, to dispose of the fund on hand in such manner as to them should seem judicious. They elected to bestow it on the Public Library, attaching to it the following conditions: "In trust, that the income, but the income only, shall, year by year, be expended in the purchase of books of permanent value for the use of the Free Public Library of the city, and, as far as practicable, of such a character as to be of special interest to young men." The Trustees expressed a preference for books relative to Government and Political Economy. Besides the above, the following Donations have been made to the Public Library, and the amounts have been appropriated to the purchase of books, according to the intentions of the Donors, viz: - The late Hon. Samuel Appleton, $1,000 00 Mrs. Sally Inman Kast Shepard, 1,000 00 James Brown, Esq., late of Cambridge, 500 00 J. Ingersoll Bowditch, Esq., 300 00 Nathaniel I. Bowditch, Esq., 200 00 James Nightingale, Esq., 100 00 $ 3,100 00 RECAPITULATION OF LIBRARY FUNDS. Bigelow donation, $ 1,000 00 Bates donation, 50,000 00 Phillips donation, 10,000 00 Phillips bequest, 20,000 00 Lawrence bequest, 10,000 00 Miss Townsend's bequest, 4,000 00 Franklin Club, 1,000 00 Invested Funds, $ 96,000 00 Donations expended,'3,100 00 $ 99,100 00 TRUSTS. 317 PHILLIPS STREET FUND. This is a bequest from the HON. JONA. PHILLIPS, who died in July, 1860. One Certificate of city six per cent Stock, payable to the Mayor of the city for the time being, for $ 20,000. The interest on this fund "may be expended annually by the Board of Aldermen, subject to the approval of the Mayor, to adorn and embellish the Streets and Public Places of the city." CITY HOSPITAL FUNDS. THE GOODNOW FUND.- MR. ELISHA GOODNOW, of South Boston (Ward 12,) who died in the year 1851, and whose Will is dated 12 July, 1849, bequeathed to the city " all the rest and residue of his Estates, real and personal, not otherwise disposed of," - supposed to be some $ 25,000 in value,for the purpose of establishing, in the Eleventh or Twelfth Wards of the city, a Hospital for the Sick. One half of said funds to be applied for the establishment and maintenance of free beds, which should always be at the disposal and under the control of the officers of the Government of said Hospital for the time being. Under this Will, the city came into possession of certain real estate situated on Cross Street, which has been disposed of, and has produced thus far the sum of $ 16,500, which has been invested in City of Boston six per cent Stock. There is a lot of Land belonging to this Estate, situated on Third Street, South Boston, containing 6,683 feet, valued by the Assessors, in 1860, at $ 4,000. The New York Central Railroad passes through this lot, but no settlement for damages has ever been made with this corporation. THE NICHOLS FUND.- MR. LAWRENCE NICHOLS, who died in September, 1862, made the following bequest to the city: "I give the city of Boston, towards the establishment and endowment of a City Hospital, in case such Hospital shall have been established at the time of my decease, the sum of 318 TRUSTS. One Thousand Dollars." And in case such Hospital should not have been established by the city at the time of his decease, he directed the same amount to be deposited with the Massachusetts Hospital Life Insurance Company, and suffered to accumulate by the addition of interest, until such an hospital should be established. The Executor of the Will, Wm. Perkins, Esq., has paid into the Treasury Nine Hundred and Thirty-seven Dollars and Twenty-five Cents ($ 937.25), being the amount devised, less the Internal Revenue Tax on the same, and $ 530.50 as one of the " residuary legatees in the United States," from the surplus remaining undisposed of. The $ 937.25, with the accumulated interest thereon, has been invested in a Certificate of city Stock for $ 1,000. The balance ($530.50,) reinains in the hands of the city Treasurer. RECAPITULATION CITY HOSPITAL FUNDS. Goodnow Fund.- One Certificate city six per cent, payable.to the Mayor for the time being, $ 16,500 00 Nichols Fund. - One certificate six per cent Stock, payable to the Mayor for the time being, 1,000 00 Cash in city Treasury, 530 50 $ 18,930 50 The Ordinance in relation to the City Hospital, R. O. Sec. 9, page 328, provides that said scrip shall be deposited with the Auditor, who shall receive the interest as the same shall become due thereon, and add to it the moneys which shall have been appropriated for the use of the Hospital. FUNDS FOR THE POOR.1 The principal fund for the benefit of the poor, in the hands of the Overseers of the Poor, is the " Pemberton Fund." The For a full and detailed description of these funds, their history and present condition, see the " Manual of the Overseers of the Poor." TRUSTS. first donation received for this fund was from an anonymous person "A. B.," who gave, on the 16th of May, 1760, ~66, 13s, 4d, " the principal never to be diminished; and the interest to be given to such persons of good character who by the Providence of God, have been reduced from affluent or good circumstances to penury or want." This was augmented the same year by a donation from John Scollay, of $222.22; in 1785, Margaret Blackador gave ~26, 13s, 4d, for the same purposes; in 1761, Alice Quick gave an equal amount; in 1764, Anne Wheelwright made a donation of Ten Guineas, and in 1763 Mary Ireland made a legacy of similar terms to the donation of " A. B." In 1772, the Overseers of the Poor were incorporated to take charge of these legacies and funds; and when in 1782, Benj. Pemberton died, making the Overseers of the Poor the residuary legatees of his estate, the several small legacies above mentioned were merged into the "Pemberton Fund." Several other small bequests have since been added to it. Daniel Oliver bequeathed to the Overseers of the Poor, in 1782, a parcel of real estate, which was sold the next year, and the income of the proceeds is devoted to the teaching of poor children to read, and general charity. David Jeffries, who had been Town Treasurer for 31 years, gave the town, in 1786, 200 acres of land. The proceeds constitute the Jeffries Fund. In 1793, John Boylston founded what are now the Boylston Relief and Boylston Education Funds. He gave ~1000, to be administered by Trustees, the income to be applied for the instruction of poor orphans; also ~1000 for the support of the aged poor and orphans; and ~500 additional upon the death of one of his legatees. In 1865, the Educational Fund amounted to $44,716.44, and the Relief Fund to $15,000.00. In 1798, Jonathan Mason gave $1000, for the support of a chaplain for the Almshouse and Workhouse. This is the "Mason Fund." 320 TRUSTS. In 1811, Samuel Dexter founded the Dexter Fund, by giving $350.00 for " supplying Firewood and coal to poor persons." Thus were established the various funds which are now controlled by the Board of Overseers. On the second of July, 1866, the total amount was $182,548.49. () RIGIN OF TILE IHOUSE OF INDUSTRY. 41 Origin of theIndus ORIGIN OF THE HOUSE OF INDUSTRY. try. At a meeting of the freeholders and other inhabitants of the Boston Rec town of Boston, holden at Faneuil Hall, on Monday, March, ord, ol. 0, 12, 1821, and adjourned to March 13, certain petitions on the subject of erecting a workhouse were read. Whereupon it was voted, that the subject be referred to a committee of thirteen, to be nominated from the chair; the said committee to consider the subject at large and report, and that the report be printed and distributed among the inhabitants; and the selectmen were requested to call a meeting to act on said report. The following gentlemen were nominated and appointed on the committee, viz: Hon. Josiah Quincy, Joseph Lovering, James Savage, Henry J. Oliver, Francis Welsh, Joseph May, Thomas Howe, William Thurston, Abraham Babcock, Samuel A. Wells, James T. Austin, Benjamin Rich, and Joseph Woodward, Esquires. At a subsequent meeting, on Monday, May 7, 1821, the Ibid, pp. 305, committee appointed on the 12th day of March, " on the sub307. ject of pauperism at large, and on the expediency of erecting a workhouse," within the said town, made a long report, in which they express themselves as unanimously of opinion, that the accommodations, provided for the poor at the almshouse in Boston,- are not such as comport with the honor and interests of the town; and that, in aid of the present establishment, a workhouse, to be denominated a House of Industry, should be erected, with a sufficient quantity of land attached to it, &c.; and submitted the following votes, which were passed: Voted, That it is expedient to establish, forthwith, within this town, a House of Industry. Ibid, p. 326. Voted, That a committee be appointed consisting of- persons, with full authority to select a suitable place for the erection 3 24 ORIGIN OF THE HOUSE OF INDUSTRY. of a I-louse of Industry, with an extent of land, attached to it, not less than fifty acres; and that the said committee be authorized to take any of the unappropriated lands, belonging to the town, for that purpose; or, in case they deem any other spot, or like extent of land, within the town, a better location for such an establishment than any the town now possesses, that they be authorized to purelhase the same; and that the said comnenittee be instructed to proceed forthwith to erect suitable buildings, and to form a system for the conduct of such institution; and to report their proceedings, in the premises, from time to time, to the town, as they may deem expedient. Voted, That the commnittee appointed by the preceding vote, be authorized to draw on the town treasurer for such sum, or sums of money, as may from time to time be found necessary, for the carrying into effect the purposes therein expressed; provided always that the amount of said drafts shall never exceed twenty thousand dollars. Voted, That the report this day made to the town on the subject of pauperism and a IHouse of Industry, be referred to the committee appointed by the preceding votes, and that they be instructed to take into consideration the various subjects suggested in it, and particularly to inquire into the general state of the poor, within the town, and concerning the operations, effects, modes, and principles of extending relief to the poor, adopted by the various charitable institutions existing in it; and from time to time to report such measures in relation to the whole, or any, of the subjects aforesaid, as they may deem it expedient for the town to adopt. Did, p. 334. Hon. Josiah Quincy, Joseph Lovering, James Savage, Henry J. Oliver, Francis Welsh, Ebenezer Francis, Thomas Howe, William Thurston, Abraham Babcock, Samuel A. Wells, James T. Austin, Benjamin Rich, and Joseph Woodward, Esquires, were nominated from the chair and appointed a committee, in conformity to the second vote. dpid, pP. 38s, At a meeting of the freeholders, &c., held by adjournment 410.' from September 25, 1821, on October 22, 1821, the chairman of the committee made a long report, stating that the committee ORIGIN' OF THE HOUSE OF INDUSTRY. 32.7 had procured a tract of land at South Boston,' containing fiftythree acres, owned by Samuel Brown, Esq.,and were proceeding with the work of erection; and that the establishment was then advancing to the third story. The thanks of the town Ibid,p. 430, were voted to the chairman and members of the committee, and the sum of $ 6,000 in addition to that previously voted, was placed at their disposal. The committee made a further report March 28, 1822; and Ibid, pp. 462, 4. it was voted that the sum of $ 15,000 be put at their disposition. They were also instructed to prepare a system for the general conduct and management and discipline of said house, and of the land connected with it, and lay the same before the city authorities as soon as practicable after their organization. May 3, 1822, the committee represented, that they appre-city Record hend, that the power of devising rules for the management and vol. 1, p. 7 discipline of the institution is vested in the board of Overseers of the Poor, under the act of 8 and 9 George It., (1735); and the committee therefore postponed any action in relation to this duty, until the action of the city council; and they suggest either an application to the legislature, or a reference of the subject matter to the board of overseers. This report was read and committed to a joint committee. May 7, 1822, the joint committee on the subject recommend- Ibid. p. 12. ed a reference of the matter to the board of Overseers of the Poor and the committee for building the House of Industry conjointly; which report was read and accepted. May 24, 1822, the board and committee made a report rec- Ibid, p. 30. ommending an application to the legislature for an act, authorizing. the establishment of a new board; which report was read and committed. June 4, 1822, the committee reported a bill to be presented Ibid,p.36. to the general court. Sept. 16, 1822, the.committee for building the House of In- Ibid, p. 79. dustry reported the house as substantially completed; and stated that a balance of expense of $ 5,406.71 remained, for which 1The House of Industry was removed from South Boston to Deer Island January 1, 1854. (See Records of the House of Industry, Vol. E.) 3'26 ORIGIN OF THE HOUSE OF INDUSTRY. provision was yet to be made. The report was read and committed. Ibid, p. 221. May 21, 1823, $ 8,000 was appropriated for completing the House of Industry, outbuildings, fences, and for the purpose of stock, furniture, &c., and for carrying the said House of Industry into effective operation, and the directors of the said House of Industry were authorized to draw their warrants on the city treasurer therefor from time to time, as occasion might require. After the erection of the House of Industry, there appears to have been considerable difficulty between the directors of the institution, the city council and the Overseers of the Poor, respecting the rights and duties of the latter in relation to the poor. The following report and resolutions, drawn up by Mr. Quincy, the mayor, were accepted and adopted by the city council May 12, 1825. Mr. Quincy's The committee of both branches of the city council, to whom Mr. Quincy's report. (Ac- was referred the application of the (Overseers of the Poor, for the cepted by the city council providing of a suitable house for the accommodation of the poor May 12,1825.) and distressed, and expressing their readiness to take the oversight, care, and government of such house, respectfully report: "' That such a house is already provided in this city, established by law, and placed under the oversight and care of the directors of the House of Industry, who are invested in this respect by the statutes of this commonwealth, with all the powers and authorities' had and exercised by Overseers of the Poor,' that the state of this house under the wise and active management of those directors is, in every respect satisfactory; the poor of every class content; and the moral and physical condition of the inmates placed upon a new system, calculated to ameliorate both in as high a degree as, in the nature of things is possible under the wise arrangements of these directors, annually chosen by and responsible to the city council. "While your committee are happy in being thus able to state the results and prospects of this institution, they are not less gratified, that the city council are able, consistent with the legally invested rights of the directors of that house, to avail themselves in relation to it of the general aid of the Overseers ORIGIN OF THE HOUSE OF INDUSTRY. 327 of the Poor, and at the same time to grant them all the practical and useful facilities, relative to providing for the poor, which from the tenor of their application they desire; and thus the general arrangements of the poor of the city enjoy the advantage of the intelligence and experience of the members of both the Overseers of the Poor and of the directors of the House of Indlustry. "Their general views will be developed in the subjoined resolutions, which they respectfully report to the city council for its consideration and adoption. "Resolved, (1) That the Overseers of the Poor be and they are hereby authorized and requested to grant permits for the admission of any person in their judgment entitled to receive the support of the city in the tenement of the city denominated the House of Industry at South Boston, in like manner as the directors of said house are authorized by law; and that the superintendent of said house be and he hereby is authorized and directed to receive and take charge of persons to whom such permits have been granted; and to provide for their relief, support, and employment in said house, according to the regullations, and under the superintendence of the directors of the House of Industry.'"Resolved, (2) That the Overseers of the Poor be and they hereby are authorized and requested, at their discretion, with, or without notice, to visit the establishment called the House of Industry at South Boston, to inquire into the condition, treatment and employment of the poor who may be inmates therein, and to make such representations and suggestions, from time to time, to the city council, in relation to their said condition, treatment, and employment, as their wisdom and experience may suggest. "Re3olved, (3) That the mayor and aldermen be and they hereby are authorized to provide a suitable vehicle for the conveyance to the House of Industry, of sick, decrepit persons, or those otherwise incapacitated from going of themselves to such house, and that the same be, at all times, subject to the order of the Overseers of the Poor, and of the (lirectors of the House of Industry, for the purpose above specified." ~28 ORIGIN OF THE HOUSE OF INDUS'TRY. Subsequently to the adoption of these resolutions, a committee of the city council, to whom was referred a communication from the Overseers of the Poor, reported that they had laid the whole subject before counsel learned in the law, Hon. William Prescott, Charles Jackson, and Daniel Webster, Esquires; and the committee reported the following resolves which were passed: "Resolved, That the Overseers of the Poor be and they hereby are directed to cause all persons who, from the nature of the illness under which they labor, or of the accident which has befallen them, are incapable, without endangering life, to be removed from the place where they are, to be relieved and supported in such place, until they are capable so to be removed, and as soon as they are capable of being removed, the said overseers are directed to cause them forthwith to be removed for further relief and support to the House of Industry. "Resolved, That the Overseers of tlke Poor be, and they hereby are directed, as it respects those householders and others, who in their opinion require partial relief, and who may be rendered more comfortable by a small supply at their own houses, than by being wholly supported in a poorhouse, to grant such partial relief and small supply of necessaries at their own houses. "Resolved, That the Overseers of the Poor be, and they hereby are directed to see that all poor and indigent persons, having lawful settlement in the city of Boston, and standing in need of relief, other than those belonging to the classes specified in the two preceding resolves, to be suitably relieved, supported and employed in the House of Industry, according to the regulations and under the superintendence of the directors of said house." HISTORICAL REFERENCES. HISTORICAL REFERENCES TO THE LEGISLATION AND MUNICIPAL ACTION RESPECTING THE BACK BAY AND ADJACENT TERRITORY.1 Anno. The " Colonial Ordinance," so called, of this date, was an 1641. ancient law of Massachusetts, probably actually passed in 1647. 1647. it is in the following words: "That in all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor of the land adjoining shall have propriety to the low-water mark, where the sea does not ebb above a hundred rods, and not more wheresoever it ebbs further." This law has never been changed, and all the riparian proprietors rely upon this law for their boundaries at low-water mark. May 15. At town meeting this day the marsh lands at the 1770. bottom of the Common were ordered to be leased. July 30. Seven ropewalks at the great fire in Pearl and 1794. Purchase streets, were burnt and destroyed, and great interest was made to remove the ropewalks from the middle of the town; and the town, in sympathy for the sufferers, on Sept. 1, voted to Isaac Davis and others the right of using the land at the bottom of the Common, on certain conditions, and six ropewalks were at that time erected there. They were all destroyed by fire (five being rebuilt again), Feb. 18, 1806. Aug. 31. The selectmen of Boston executed a deed to 1796. William and A. McNeil, two of the first grantees, for ropewalks. One of the conditions of said deed is, " that the inhabitants reserve the liberty and privilege, at any time here-'Enlarged from the Appendix to the Report of the Joint Special Committee on the Back Bay streets, City Doc. 81 of 1863. 332 HISTORICAL REFERENCES. 1796. after, to carry sluiceways or drains throuoh the said land, in any direction towards the salt water." 1800. About this period Charles Street was laid out. 1813. June 11. A project of erecting a western avenue or milldam was brought before the towii, and the inhabitants gave their assent to its execution. Boston, Oct. 21. A Town Meeting was holden on Wednesday last, the IIon. Thomas Dawes, Moderator. The report of a Committee, consisting of the Selectmen and a citizen from each of the wards, on the petition of I. P. Davis and others, for liberty to build a Milldim and Turnpike Road, from the bottom of Beacon Street, and for other mill improvements, was taken up. The report went largely into the merits of the subject, and proposes that the Town do cede or grant to the corpo-.ration when organized, certain lands and flats, on condition that certain improvements are duly made before the year 1815. The report having been printed, and circulated for the information of the inhabitants, a very feeble opposition was made to it, and it was accepted by nearly an unanimous vote. The Committee also reported that agents be appointed by the Town, to attend the sittings of the Commissioners of the General Court, to whom the petition should be referred, to see that all the necessary conditions are inserted in the act of incorporation, and that the right of subscription of the inhabitants for a due proportion of shares be reserved to such persons as wish to engage in the undertaking; which was accepted, and the Hon. Thomas Dawes, Wm. Sullivan, Josiah Marshall, Chas. Davis, and Wim. Hanlmatt, Esqrs., were appointed the Agents.' 1814. June 14. A charter was granted to the Boston and Roxbury Mill Corporation,' giving them authority to build a dam from Charles Street, in Boston, to the upland at Sewell Point (so called), in Brookline. 1818. Jan. 9. Uriah Cotting, Esq. issued an address on the advantages of a western avenue and mill power to the city. Subscription papers were opened, and all the shares were taken l Columbian Centinel, Oct. 23, 1813. 2 See ante, p. 166. HISTORICAL REFERENCES. 333 in one day, and the next day were on sale at an advanced price. 181s. Afterwards these shares greatly depreciated. Mr. Cotting did not live to see the completion of the avenue. Col. Loammi Baldwin took his place. Four of the ropewalks were again destroyed by fire, at the 1819. bottom of the Common. July 2. The Western Avenue or Milldam was opened for 1821. passengers, and a cavalcade of citizens, under the direction of Gen. Win. H. Sumner, entered the tovin over the Dam, and was received on this side by the inhabitants of Boston. This year the City of Boston was incorporated. By a partition deed, Gravelly Point and the land and flats in 1822. the Receiving Basin were conveyed to David Sears and others. Jan. 17. An Act entitled " An Act to authorize the Bos- 1823. ton and Roxbury Mill Corporation to widen their dam,"' was passed by the Legislature. April 28. An agreement was made between Roxbury and Boston, establishing the line between them. Confirmed by the act of 1836, ch. 37. Feb. 11. An act was passed, authorizing the Boston and 1824. Roxbury Mill Corporation to fill their flats and tide waters to the extent of 200 feet more.' The respective boundaries between the City of Boston and land of David Sears and others, were established by indenture. Feb. 25. The City purchased all the rights of the proprietors of the ropewalks, in the land now known as the Public Garden. This year, the Boston Water Power Company were incorporated,3 in whom the interest within the basin is now vested (1850). Dec. 26. An Indenture in three parts was entered into 1826 between the City of Boston, E. McIennon, the Boston and Roxbury Mill Corporation, and other proprietors of the flats, 4 and a line was agreed upon and established as the line of flowage, which is marked on several well-known plans as " the See ante p. 166. 2 See ante p. 166. 3 See ante p. 176. 4 See ante p. 209. 334 HISTORICAL REFErENCES. 1826. line between the Boston & Roxbury Mill Corporation and the City of Boston and others." 1827. Feb. 1. An Indenture was made between the City of Boston and the Boston and Roxbury Mill Corporation,' confirming the indenture of Dec. 26, 1826, each party releasing certain rights to the other. This deed not only confirms the previous deed of 1826, but also gives to the City of Boston the entire control of erecting buildings on the Back Bay, the digging and laying of drains, &c. 1832. May 9. The Boston and lEoxbury Mill Corporation, by an Indenture,' transferred to the Water Power Company a large part of their property, with certain exceptions and covenants. This year the respective boundaries between the city of Roxbury and David Sears were established by Indentures. 1836. This year the respective boundaries of the City of Boston and Town of Roxbury in the empty basin or Back Bay were confirmed and established by an act of the Legislature. All the original surveys from 1822 to 1836, as per plans of S. P. Fuller, show that the full basin contains 193 acres 2 qrs. 26 rods to high water, and the receiving basin 549 acres 1 qr. 5 rods to high water. (By lines delineated by the Town of Boston in 1813, 4664 acres; by line of flowage in 1826, in March, 4934 acres; by line established December, 1226, 412i acres.) 837. Ephraim Marsh's petition to have the Sewer in Fayette Street repaired, was referred to a Committee. A Sewer was laid, and assessments made by the Supt. of Sewers were approved by the 1838. Board. January. The City of Boston assigned to Horace Gray and Associates 204 acres of Back Bay land for a Public Garden on certain terms and conditions. The assignment was never accepted, and no action was ever had under it. This year the B. & R. M. Corporation transferred another parcel of their flats to the Boston Water Power Company. E. Marsh offered Fayette Street for acceptance. Petition of Denison for abatement of Sewer Assessment denied. An order was passed to pay E. Marsh for repairing the street. See ante p. 214. 2See ante p. 222. HISTORICAL REFERENCES. 335 February 1. By an Act of Legislature, Horace Gray and s189. Associates were made a Corporation under the name of 4 "Proprietors of the Botanic Garden in Boston." The Corporation was never completed. E. Marsh renewed his application for the acceptance of Fayette 1842. Street, and the Committee offered to accept if a bond was given to indemnify the City from grade damages; which was declined. An Act of the General Court gave the right to the B. & R. 1843. Mill Corporation to fill up and use 100 feet of flats north of the Milldam, to Sewell's Point in Brookline.' The Commonwealth passed an Act, granting permission for 1844. the B. & R. M. Corporation to extend a wharf at the foot of Beacon Street.2 E. Marsh again petitioned for the acceptance of Fayette Street. 1845. Petitions for repair and acceptance of Fayette Street were pre- 1846. sented by Mr. Marsh. The Board gave him leave to withdraw. August 11. The Boston W. P. Company 1" released in fee" to the B. & Worcester R. R. Company a tract of land within the basin. October 26. An order was passed by the City Council, granting the residue of the land between the Public Garden and the continuation of Boylston Street, to Horace Gray and Associates, on the same terms, &c. as the previous grant in 1838; but no use was made of the grant. Fayette Street was accepted. 1848. May 10. The General Court passed a Resolve appointing five Commissioners to consider and report respecting the righlts and duties of the Commonwealth in the Harbor and Back Bay and respecting the filling up of the flats, &c. September 4. The Commissioners met, and again met on 25th September, and held also eight subsequent meetings; all the interested parties appeared before them. July 2. The Board of Mayor and Aldermen order a special 1849. committee to report the best mode of drainage for that part of the City which drains into the Back Bay. See ante p. 166. 2 See ante p. 166. 336 HISTORICAL REFERENCES. 1849. October 1. The Board ordered the report and plans to be accepted and adopted (according to plan of drainage presented by E. Lincoln, Jr.), and appointed a Committee with full powers to advertise and contract, limiting the amount to $ 50,000, the work not to be commenced before 1st May, 1850. The Board of Mayor and Aldermen ordered the Report and plan of E. Lincoln, Jr. to be recommitted and submitted to E. S. Chesbrough and W. P. Parrott for their examination and opinion, and the Committee reported to adopt the plans of Messrs. Chesbrough and Parrott.' 1s50. March. The State Commissioners made a Report giving a description of the Back Bay as cut off by the Milldam, and a statement of the rights and titles claimed by the various parties. H. A. S. Dearborn, Mayor of Roxbury, sent a Remonstrance to the General Court against the action of the Water Power Company in filling up the flats, &c., &c. May. Three Commissioners were appointed by the Legislature, under the Resolves of this date respecting the Back Bay Lands; and the Cities of Boston and Roxbury, B. & R. M. Corporation, the B. WY. Power Company, and other parties, by their counsel, appeared before them November 13, 1850. December 16. A letter was addressed by David Sears, Esq., to the Chairman of the Commission on the Back Bay, relating to an extension of the Public Garden, with a lake, &c. 8s52. March 11. The State Commissioners in their Report make a full statement of the rights of all parties, with the titles claimed by Municipal and other Corporations, &c., in the Back Bay and flats; and an Act' was passed declaring the title of the Commonwealth to all the flats or lands within the two basins of the Back Bay below the riparian line, &c. Resolves' were also passed authorizing the appointment of three Commissioners to determine the rights of claimants of land below high-water mark to sell the lands of the Commonwealth, to devise plans for City Doc. 48, 1849. 2 An Act to secure the title of the Commonwealth to flats or lands in the Back Bay in Boston Harbor, 1852, chap. 253. 3Resolves concerning Boston Harbor and the Back Bay, 1852, chap. 79. HISTORICAL REFERENCES. 337 filling and improving the same, diverting the flats from mill 1852. purposes to land purposes. The Commissioners of the State divided with the Boston 1854.'Water Power Company.' It was a part of the stipulations with the State that the tolls upon the Milldam should cease from and after May 1, 1863. December. The Mayor was authorized to petition the Legislature for a grant in fee of a portion of the Back Bay, with certain privileges and conditions. May. The State Commissioners addressed a communication 1855. to the Mayor of Boston, calling his attention to the drains which they propose to have constructed through the lands on the Back Bay. This was laid before the City Council and sent to a Committee. Resolves' were passed authorizing the State Commissioners to lay out and construct streets and.sewers at the Back Bay, and authorizing the construction of railways upon the Back Bay to facilitate the filling. The title of the Commissioners was changed to the " Commissioners on the Back Bay." February 25. David Sears, Esq., and the Riparian Proprie- 1856. tors sent a memorial to the General Court, complaining of the nuisance caused by the Boston Water Power Company in cutting off the ebb and flow of the sea; and asking protection, &c. A Joint Committee of the Legislature reported several Resolves relating to the filling up the Back Bay, grading streets, &c. March. John S. Sleeper, Mayor of Roxbury, remonstrated against the passage of the "Resolves concerning the Back Bay." 2 March. The heirs of Ephraim Harrington, Eben Francis, and the City of Boston, also remonstrated against passing the "Resolves concerning the Back Bay." April 21. The Joint Committee reported " Resolves in relation to lands in Back Bay, &c.," in an amended form; and'See ante p. 234. 2 Resolves in favor of giving additional powers to the Commissioners on Boston Harbor and the Back Bay, 1855, chap. 60. 43 338; HISTORICAL REFERENCES1856...Resolves' were passed appointing a Joint Committee of the Legislature to sell the Back Bay lands, to modify contracts before made, &c.; also increasing the capital stock of the Water Power Co. to enable them to improve. An Act2 was also passed directing the first proceeds of sales of Back Bay Lands, to the amount of $ 300,000, to be invested for the redemption of unfunded debt-scrip. December. An Indenture was executed between the State, City, and Water Power Company,3 the several parties releasing certain rigbts and privileges to each other. 1857. An Act4 was passed confirming the Tripartite Indenture of 1856. Resolves5 were passed authorizing the Commissioners to use not miore than half the proceeds of sales for continuing the filling. s18s In April, the first announcement was made that a scheme of building on the Back Bay was to be carried into'execution, and efforts were made by George H. Snelling, Esq., and others, to prevent the accomplishment of this measure, on sanitary and economical grounds. ss8. An Act' was passed increasing the school fund and granting aid to several institutions of learning out of the proceeds of Back Bay land sales; but reserving a fund of $100,000 for the support of bridges and roads on the Back Bay.' An Act8 was also passed changing the boundary line between Boston and Roxbury;, requiring the Commissioners to fill up Arlington Street, and build the great sewer contemplated by the TriResolves in relation to lands in the Back Bay, 1856, chap. 76. 2 An Act making provision for the unfunded debt of the Commonwealth, 1856, chap. 235. 3 See ante p. 258. 4 An Act to confirm an Indenture concerning the Back Bay, 1857, chap. 169. 5Resolves concerning the Back Bay, 1857, chap. 70. 6An Act to increase the school fund, and to grant aid to the Museum of Comparative Zoology, Tufts', Williams', and Amherst Colleges, and the Wesleyan Academy at Wilbralham, out of the proceeds of the sales of Back Bay lands; 1859; chap. 154. 7 This last provision was repealed by Acts of 1861, chap. 201. 8 An Act in relation to the Back Bay and the Public Garden in the City of Boston; 1859; chap. 210. HISTORICAL REFERENCES. 3.39 partite Indenture, and authorizing the Governor of Massachu- s859. setts and the Mayor of Boston to appoint three Commissioners to determine what equivalent (in lands) the State should give the City for relinquishing its right to build on the strip of land between the Public Garden and Arlington Street. This act was submitted to the people (April 25, 1859) of Boston, and accepted; and the Commissioners awarded to the City two lots of land, then valued at about $40,000. Another Act' was passed requiring conveyances of land to be approved by the Governor and Council; and also providing that if chap. 210, Acts of 1859, should not have full effect, the rights of neither party should be prejudiced. Resolves' were passed giving the Land Agent, under the Governor and Council, control of all the Commonwealth's flats, except the Back Bay. April. An Act was passed incorporating the Massachusetts 1s61. Institute of Technology, and appropriating about 130,000 feet of land for the purposes of the Institute and the Boston Society of Natural History. The following resolve3 was passed:Resolved, That the Commissioners on Public Lands are hereby authorized and instructed to forthwith negotiate with the Boston Water Power Company and with the Riparian owners of territory lying west of the land of the Commonwealth and east of the Cross dam adjoining the full basin, so called, for an improvement of the lands of the said section, and of the lands of the Commonwealth contiguous thereto, by a reservation of a water space therein. And for the purposes of this Resolve the said Commissioners may alter and amend any Indenture or contract, with the consent of all parties to the same. Provided, however, that no such alteration and no Indenture or contract executed under this Resolve shall be binding upon this Commonwealth until all the provisions thereof shall be reported to and ratified by the next Legislature of the Commonwealth.'An Act in relation to conveyances of lands or flats belonging to the Commonwealth. 2Resolves concerning flats and shores belonging to the Commonwealth; 1859; chap. 103. 3 Chap. 201 Resolves of 1861. 340 HISTORICAL REFERENCES. 1866. An Act' was passed giving the City of Boston authority to purchase or otherwise take the land and buildings on the territory between Boylston and Tremont streets and the Back Bay,. with a view of raising the same, and improving the drainage; with a clause appointing Commissioners to determine whether the State or Water Power Co.. were respqnsible in any degree for the existing defective drainage. This act was made subject to the acceptance of the Boston Water Power Company; and was by that Company rejected. The Legislature confirmed the Tripartite Indenture of 1864. An Act for the better drainage of certain lands in the City of Boston, and for the preservation of the public health in said City; 1866; chap. 229. A DIGEST OF DECISIONS OF MUNICIPAL INTEREST OF THE SUPREME JUDICIAL COURT MAS SACHUSETTS. 1804-1865. Entered according to Act of Congress, in the year 1866, by THE CITY OF BOSTON, in the Clerk's Office of the District Court of the District of Massachusetts. PREFACE. THIS digest has been prepared in accordance with the suggestion of the committee under whose supervision the last edition of the Laws and Ordinances of Boston was published, that the supplementary volume proposed by them should contain " an explanatory list... of the cases decided in the Supreme Court upon points of municipal interest." Laws and Ordinances, (ed. of 1863,) page xIv. All the published volumes of reports of the decisions of the Supreme Judicial Court of this state have been carefully examined in its preparation, from the first volume of Massachusetts Reports to the tenth volume of Allen's Reports, inclusive, and also the decisions which are to appear in the unpublished volumes (the twelfth, fifteenth, and sixteenth) of Gray's Reports. Some unpublished decisions in the hands of Mr. Allen are also cited. In citing unpublished decisions, those volumes of reports are referred to in which the cases will probably appear. It has been thought. best to omit from this digest decisions considered to have no direct or indirect application to the affairs of the city of Boston. Among these are cases concerning the form, service and return of warrants for town meetings, concerning the crdation of and alterations in school districts, and iv PREFACE. concerning controversies between towns and county commissioners as to the construction of ways. Some decisions considered to have been rendered obsolete by subsequent legislation have also been omitted. Among these are the unpublished cases concerning alien passengers in Boston, decided in 1860. JAMES C. DAVIS. BOSTON, June 1, 1866. I N D E X. N"T,-2-Titles which contain references to.other titles only, are printed in italic capitals in this index. PAGE. ACTIONS................................. 1 SET-OFF..................,,........ 4 TRUSTEE PROCESS.............................. 5 AMUSEIIENTS................................... 5 ANNEXATION AND DIVISION OF TOWNS................... 5 APPRENTICES................................ 6 APPROPRIATIONS................................. 6 OF THE REMEDY IN EQUITY IN CASES OF ILLEGAL APPROPRIATIONS... 9 ASSESSORS...................................... 9 BONDS........................................ 9 BOUNDARIES...................................10 BOUNTIES TO VOLUNTEERS.............................. 11 BRIDGES.....................................11 BUILDINGS....................................11 BURIALS AATD BURIAL.GROUNDS................... 11 CARRIAGES......... 11 LAW OF THE ROAD............................. 12 FAST DRIVING.............................. 12 CHARTER.......................... 12 COLLECTORS..................................13 COMMION AND PUBLIC SQUARES.............................. CONSTABLES................................... 3.... CONSTITUTIONAL LAW............................. i3 CONTRACTS.....................................14 DISTURBANCE OF PUBLIC MEETINGS............................ 16 DOGS......................................... 17 DOGS..~~~~~~~~~~~~~~~17 DOMIICIL.......................................17 ELECTIONS.................................... 19 QUALIFICATIONS OF ELECTORS......................... 20 OF THE REMEDY AGAINST OFFICERS FOR REFUSING VOTES, &C......20 Vi INDEX. PAGE. ESTOPPEL.....................................21 FANEUIL HALL MARKET............................21 FAST DRIVILVG. See CARRIAGES. FERRIES.......22 FIELD DRIVERS; POUNDS AND IMPOUNDING OF CATTLE........ 22 FINANCE...................................... 25 FIRE.......................................... 25 FISH...........................................26 FLATS........................................ 26 GUNPOWDER.......~.................2......... 26 HEALTH.....................................27 HOUSE OF CORRECTION AND JAILS....................28 IMPOUYDING OF CATTLE. See FIELD DRIVERS, &C. INDICTMENT...................................................... e 30 INFORMATION..............................30 JURIES.................................... 30 LAW OF THE ROAD. See CARRIAGES. LICEINSES...........................31 LORD'S DAY....................................31 MIARCKET-HO USES.............. 31 MILITIA.3................o............ 31 MILK........................31 NUISANCES............ o..............32 OFFICERS................................... 32 ORDINANCES AND BY-LAWS..................... 35 OVERSEERS OF THE POOR........................ 37 PAUPERS...................................... 38 I. WHAT CONSTITUTES A PAUPER, AND WHIO CAN ACQUIRE A SETTLEMENT 38 II. SETTLEMENT OF PAUPERS; HOW ACQUIRED OR LOST.......... 39 (a) By Approbation, and not being warned out............... 39 (b) By Derivation.............................. 40 (c) By living on a Freehold Estate, &c...........42 (d) By having an Estate, &c., and being assessed therefor......... 43 (e) By serving as a Town Officer, or being an Ordained Minister...... 44 (f) By Incorporation or Division of Towns................. 44 (g) By Residence and paying Taxes................... 47 (h) How prevented by being relieved as a Pauper.............49 (i) How lost, when once acquired............... 50 III. ACTIONS FOR SUPPORTING PAUPERS.. s................. 50 (a) Against the Pauper's Kindred.............. 50 (b) By Individuals against Towns..................... 51 (c) By Towns against Individuals..................... 53 (d) By Towns against Towns.................. 53 (1) When and for what the Action will lie; and of the Pleadings, Evidence, and Trial......................53 INDEX. vii PAGe. (2) Of the Notice.......................... 58 (3) Estoppel..........6................... 60 IV. REMOVAL OF PAUPERS.......................... 61 V. PENALTY FOR BRINGING A PAUPER INTO A TOWN............ 61 VI. LUNATIC PAUPERS AND STATE PAUPERS................ 6 PENALTIES................................ 63 POLICE.....................................64 POUNVDS. See FIELD DRIVERS, &C. PRESCRIPTION..................................65 PUBLIC BUILDINGS........................... 65 PUBLIC LANDS............... 65 RAILROADS...........................66 STREET RAILWAYS..........................69 RECONSIDERATION...............................69 RECORDS.................... 69 REPRESENTATIVES IN THE GENERAL COURT........... 70 REWARDS..................................... 70 RIOTS............................. 71 SCHOOLS............................ 71 SEALS........................... 74 SET-OFF. See ACTIONS. SEWERS AND DRAINS.......................... 75 SMOKINVG IN THE STREETS................... 76 SPENDTHRIFTS...........................77 STABLES......... 77 STATE TREASURY............... 77 STEA3I ENGINES..... 77 SW'INE.......... 77 TAXES................................... 77 I. PERSONS AND PROPERTY SUBJECT TO TAXATION............ 77 II. WHERE AND TO WHOMI POLLS AND PROPERTY SHALL BE ASSESSED. 80 III. MANNER AND VALIDITY OF THE ASSESSMENT............ 84 IV. COLLECTION OF TAXES................................ 86 (a) Generally...............................86 (b) By Action at Law.......................... 87 (c) By Arrest.............................. 87 (d) By Distress and Sale; Lien on Land............... 88 V. REMEDY FOR AN ILLEGAL TAX...................... 91 (a) Whether by Action or Abatement................. 91 (b) Of the Action to recover back................... 92 (c) Of the Abatement.......................... 93 (d) Of Actions against Assessors and others.............. 94 TREASURER ER...... o..........94 TRUSTEE PROCESS. See ACTIONS, TRUSTS.......................95 viii INDEX. PAGE. WATER............~ 95 WAYS.......................................96 I. PROCEEDINGS IN LAYING OUT AND ALTERING PUBLIC WAYS..... 96 (a) Application; and Adjudication as to whether the Public Safety and Convenience require the Laying out or Alteration........ 96 (b) Location or Laying out, and Altering; Prior Notice thereof; Agreements with Land owners..................... 98 (c) Where Ways may be laid out.................... 102 II. PUBLIC WAYS BY DEDICATION, BY PRESCRIPTION AND USE, AND BY NECESSITY........................... 103 (a) By Dedication............................103 (b) By Prescription and Use...................104 (c) By Necessity........................106 III. DISCONTINUING PUBLIC WAYS; DAIAGES THEREFOR......... 106 IV. PROCEEDINGS ON AN APPLICATION FOR A JURY............ 107 (a) Who are entitled to Damages; Waiver of Damages...... 107 (b) Application for a Jury, and Notice thereon........108 (c) Proceedings before Jury; their Powers and Duties.........110 (d) Elements and Computation of Damages; Evidence thereof.....110 (e) Verdict, and Judgment thereon...................114 V. REPAIRING PUBLIC WAYS; POWERS AND DUTIES OF IHIGIIWAY SURVEYORS................................ 115 VI. DEFECTS AND OBSTRUCTIONS IN WAYS................. 116 (a) Liability of Towns to an Action................... 116 (b) Where the Plaintiff's Negligence or other Causes concur......120 (c) Evidence, Trial, Damages......................124 (d) Indictments against Towns......................127 (e) Liability of Individuals for Obstructions; Civilly and Criminally.. 128 VII. RIGHTS OF THE PUBLIC AND OF LAND OWNERS IN THE SOIL OF PUBLIC WAYS...................1...........131 VIII. LIvIrFIS AND BOUNDARIES OF WAYS; FENCES, &C........... 132 IX. RAILROAD CROSSINGS; SIDEWALKS IN THE CITIES OF LOWELL AND CHARLESTOWN.....~................ 133 X. OF THE REMEDIES FOR IRREGULARITIES IN LAYING OUT AND CO3IPLETING WAYS; AND OF SOIE OTIIER MIATTERS...........1 35 TABLE OF CASES........................ 13~ DIGEST. ACTIONS. made, may be maintained without proof of a 1. When judgment is recovered against the formal vote of the town authorizing the acinhabitants of a city, town, parish, or school tion. Blackstone v. Taft, 4 Gray, 250 (1855). district, execution may be levied upon the 8. An action sounding in tort may be mainproperty of any inhabitant thereof, as each tained against a municipal corporation. Thayer inhabitant must be considered a party to the v. Boston, 19 Pick. 511 (1837). suit. 5 Dane Ab. 158. Riddle v. Proprietors 9. A municipal corporation may be liable of Locks ctzld Canals, 7 Mass. 187 (1810). in an action of the case, for an act which would Brewerv. New Gloucester, 14 Mass. 216 (1817). warrant a like action against an individual, Chase v. MJeriimnack Bank, 19 Pick. 564 provided that such act is done by the author(1837). Gaskill v. Dudley, 6 Met. 546 (1843). ity of the corporation, or of a branch of its 2. D. recoveredjudgment by default against government invested with jurisdiction to act a school district, in an action of contract. and for the corporation upon the subject to which levied his execution on the goods of G., an in- the particular act relates, or that after the act habitant of the district. G. sued D. in an ac- has been done, it has been ratified by the cortion of trespass, for so levying on his goods. poration by any similtar act of its officers. lb. Held, that G. could not give evidence that D. 10. A city is not liable for an assault and ought not to have recovered judgment against battery committed by its police officers, even the district, by reason of a breach by him of though it was done in an attempt to enforce the contract declared on in his action. Gas- an ordinance of the city. Bultrick v. Lowell, kill v. Dudley, 6 Met. 546 (1843). 1 Allen, 172 (1861). 3. An incorporated city need not sue in the 11. The action of a city in authorizing and name of " the inhabitants of the city," but employing its solicitor to appear and defend may sue by its name of incorporation. Lowell an action brought against its police officers v. Morse, 1 Met. 473 (1840). for an assault and battery committed by them, 4. A suit by " the city of Lowell," (the cor- does not make the city liable to pay damages porate name of the plaintiffs,) on a bond givemr for the assault and t attery. lb. to the plaintiffs, may be maintained, although 12. A town is not liable for an injury susit appears that the plaintiffs were named in tained by reason of the negligence of a laborer the bond "the inhabitants of the city of employed by one of its highway surveyors, to Lowell." lb. aid him in performing the duties of his office. 5. An action on a promise to the mayor and lWalcott v. Swampscott, 1 Allen, 101 (1861). aldermen of a city to pay for a license for a 13. An action of tort lies against a city in theatrical exhibition, is rightly brought in the behalf of the owner of land through which its name of the city, the mayor and aldermen agents have unlawfully made a sewer. Hlilbeing merely agents of the city. Boston v. d7leth v. Lowell, 11 Gray, 345 (1858). Schkaffer, 9 Pick. 415 (1830). 14. A town is not liable for an arrest and 6. On a bond made to the Commonwealth, imprisonment by its collector, for nonpayment "for the use of the town of N.," no action lies of taxes, illegally included in his warrant, by the town, although the forfeitures belong and since abated, although it afterwards pays to the town by statute. NorQtham2pton v. Elwell, the collector's fees for serving the warrant, 4 Gray, 81 (1855). and the charges of the imprisonment. Perley 7. An action on the bond of a collector of v. Georgetown, 7 Gray, 464 (1856). taxes, brought by authority of the town trea- 15. If a tax title proves invalid, the pursurer, in the name of the town to whom it was chaser at the collector's sale cannot maintain 1 2 ACTIONS. an action against the town to recover back 22. The remedy of an owner of land for the money paid by him as the consideration injury done to his land by the city by making of the purchase, and the expenses of defend- an excavation in a public street, and thus ing his title. Lynle v. Melrose, 10 Allen, 49 turning the water accumulated thereon into a (1865). But see St. 1862, c. 183, ~ 6. private drain running through his land, is by 16. A town, which has assumed the duties petition under the Rev. Sts. c. 25, ~ 6, (Gen. of school districts, is not liable for an injury Sts. c. 44, ~ 19,) and not by action of tort. lb. sustained by a scholar attending the public 23. No action lies against a city for a school from a dangerous excavation in the failure to keep a public sewer and cesspool in schoolhouse yard, owing to the negligence of repair, whereby waste water accumulates and the town officers. Bigelow v. Randolp2h, 14 flows into the cellar of a neighboring house, v Gray, 541 (1860). which is not connected by a drain with the 17. A police officer is not a servant of the public sewer. Baa'rry v. Loweli, 8 Allen, 127. city which appoints him, in any such sense as (1864). to take away his right of action against it for 24. A citizen who furnished cattle to a an injury sustained by reason of a defective public enemy, at the request of the selectmen highway. Kimwball v. aBoston, 1 Allen, 417 and other citizens of the town, in compliance (1861). with the exactions of such enemy upon the 18. If the expense of keeping a bridge in town, and to prevent the execution of his repair is imposed by statute upon several threats of violence, acquired thereby no right towns and a railroad company jointly, with a of action against the town for his indemnity. provision that the municipal authorities of Ialibulmton v. Frlanlkfort, 14 IMass. 214 one of the towns shall have the care and (1817). superintendence of it, and shall employ all 25. An inhabitant of another state, who services necessary in the care of it, no action sustains an injury in consequence of a defect lies against said town in favor of the railroad in a highway, may bring his action against company, to recover for daimages sustained the town or city bound to repair the same, in by tile latter in consequence of a defect in any county in the commonwealth. RJaymond the bridge. MJalden' Melrose Railiroad v. v. Lowell, 6 Cush. 524 (1850). Charlestown, 8 Allen, 245 (1864). 26. A town which voluntarily pays the fees 19. County commissioners, having laid outr of commissioners appointed by the legislature a highway through a town, and across two to establish the boundary line between it and channels of a stream, ordered the town to another town, under a resolve of the legislamnake an embankment, several rods from the ture providing that such fees shall be paid by lighwvay, which should turn all the waters of the towns, one half by each, cannot recover the stream into one of its channels, and pre- from the other town any part of the sum paid. vent the necessity of making more than one Sozth Scituate v. lianover, 9 Gray, 420 bridge in the higllway. The town passed no (1857). vote and did no act in the matter, but tile 27. Money charged by a city for a wagonselectmen caused the embankment to be made, er's license, and paid with a full knowledge and paid for making it by an order on the of the facts, will be deemed to have been paid town treasurer. HIeld, that the town was not voluntarily, though paid under protest-, and liable to an action by the owner of land which cannot be recovered back. Cook v. Boston, was flooded and injured in consequence of the 9_xllen, 393 (1864). making of the embankment. Anthony v.'28. Selectmen of a town may discontinue a Adams, 1 AMet. 284 (1840). suit in equity brought by them to restrain a 20. An action of tort will not lie against a railroad corporation from unlawfully and dancity for obstructing a stream to the injury of gerously running cars on their road; although a mill, by the erection of a bridge, if the a temporary injunction has been issued; bridge is suitably constructed so as to let the and although some of the inhabitants of the water pass off with reasonable freedom, at all town move to come in and prosecute the suit. times, except in case of extraordinary fresllets Hlears v. Boston,' N. Y. e Ctearal Railroad, not occurring annually. Siprague v. IVorces- 5 Gray, 371 (1855). ter, 13 Gray, 193 (1859). See Lawrenzce v. 29. Orders for money, made payable to Fairhaven, 5 Gray, 110; Perry v. TWor'cester, bearer, drawn by the selectmen of a town and 6 Gray, 544; WTheeler v. IVorcester, 10 Allen. accepted by the town treasurer,witlhout express 21. No action lies against a city for the in- authority of the town, will not render the town jury occasioned to land bounding on a public liable to an action in the name of any one other street from the accumulation of water on the than the person to whom they were issued. surface of the street, which the city has neg- Smitl v. Cheshire, 13 Gray, 318 (1859). lected to drain. Flagg v. TWorcester, 13 Gray, 30. A town treasurer is not liable in an ac601 (1859). tion for money had and received, to a creditor ACTIONS. 3 of the town, for merely neglecting to pay over the town appointed a committee to defend an money in his hands appropriated by the town action brought against the surveyor therefor, to the payment of the claima of such creditor, and voted to defray the expenses incurred by and ordered to be so paid by the selectmen; the committee, it was held, that the town was but the remedy of the creditor is by an action bound by such vote, and that the committee lgainst the town. T}eston, v. Gibbs, 23 Pick. were entitled to compensation and indemnity "05 (1839). from the town, for their expenses and services. 31. In an action brought by a town against Bancroft v. Lynnfield, 18 Pick. 566 (1836). the town treasurer for money had and received 37. It is competent for the inhabitants of a by the defendant to the plaintiff's use, the town to take upon themselves the expenses of evidence tended to show that the defendant a suit against their agent or servant, in which had received certain sums as such treasurer, the interests of the town are directly involved. wihich had not been charged to him in his an- Babbitt v. Savoy, 3 Cush. 530 (1849). nual settlement, and that, therefore, a larger 38. A town having appointed a committee balance should have been credited to the town for an illegal purpose, with authority to deby him in his account. The defendant's an- fend all suits which might grow out of the swer put in issue any such liability. Hlcd, same, and also voted that all costs, expenss, that the whole account between the parties and trouble which the committee might incur Awas necessarily opened, and that the defend- in the premises, should be paid by the town; ant might show that certain taxes charged to it was held, that the town lvere not liable for hiim in the account had not been legally as- the services of the comniittee rendered in sessed, and that lie could not legally collect effecting the purpose of their appointment; them. Adamns v. Farnsworth, 16 Gray, but were liable for services performed by them (1860.) in defending an action brought against the 32. A town is not liable to an action by the town on account thereof; Drake v. Stolyghton, state commissioner for the sale of liquors, for G Culsh, 093 (1850); and were al1o liable for the price of liquors boughit of such commis- prolfssional services rendered by cotnsel emisioner on credit by the town agent appointed ployed by the committee in defence of such a under St. 1855, c. 215, ~ 5 (Gen. Sts. c. 86, ~ suit. CLshing v. Stlouyghton, Ib. 389. 17). Jlansfield v. Stoezhaim?, 15 Gray, 39. The inhabitants of a school district, (1860). But see now St. 1861, c. 186, ~ 2. having passed a vote to build a schoolhouse, 33. Where a statute requires a demand to appointed a coiimittee to select and purchase be made in writinig on the mayor and alder- a lot of land for that purpose, and, upon a remen of a city thirty days before the commence- port of thie committee, gave therm instructions mient of a suit, an agreement in a case stated, to purchase a particular lot; the committee that a de-mand was made on the city, will be accordingly purchased the lot so designated, understood to be such a demand as is required and as the only condition upon which they by the statute. Jeenzisonv. R]oxZury, 9 Gray, could obtain a conveyance, glave the seller o2 (1857). their individual note for the purchase money; 31. In action against a town to recover for a deed was then made to the comnnlittee and work done under a contract in building a road, the other inhabitants of the district, in their the plaintiff may recover under a general corporate capacity, of the lot of land thius count the value of the work, provided it was purchased; the district subsequently rescinded done in good faith and is beneficial to the de- their votes relative to the building of the fendiants, although tie contract has not been schoolhouse, and the committee afterwards fully performed. Need v. Scittuate, 5 Allen, paid the note which they had given for the 120 (1862).. land. In an action by the commiittee against 35. A city, whose charter and ordinances the district, it was held, that the plaintiffs were provide that ino contract shall be binding on entitled to recover the sum so paid by them, the city, unless made by some authorized notwithstanding they had reason to suppose, agent, and within some appropriation for the before the purchase was made, that a meeting purpose, is not liable for legal services, bene- of the district would be held for the purpose ficial to the city, performed by counsel re- of rescinding the votes under which the plaintained by a majority of the members of the tiffs were authorized to proceed, and notwithboard of aldermen, without any official action standing the rescinding of those votes, and the of the city council or of either branch thereof; fhet that the payment was mLade by the plainalthough the usage of the city has been to pay tiffs subsequently thereto. Kilsngman v. Norsth such bills, approved by a committee of either Bridgewater, 2 Cush. 426 (1848). board, without any formal vote. Butler v. 40. A town is not bound by its corporate Charlestown, 7 Gray 12 (1856). vote, to pay the expenses of a field driver in 36. Where a drain was dug by a surveyor of defending a suit brought for taking up and highways, for the purpose of raising a legal impounding cattle running at large contrary question as to the bounds of a highway, and to law; such agreement not being within the 4 ACTIONS. scope of a town's corporate powers. Vincent of that term, even though they have leave to file v. Nantucket, 12 Cush. 103 (1853). their answer in the vacation. TValpole v. 41. On a vote of a town to indemnify their Gray, 11 Allen, (18S5). selectmen against any claim for damages and 47. A citizen of a town who10 enlisted in the costs of a certain description which may be military service of the United States after a legally substantiated against them, the select- vote of the town to pay a monthly sum to each men may maintain an action against the town citizen thereof who should so enlist had been to recover the amount of a judgment rendered terminated, under St. 1861, c. 222, ~ 2, by the against them for such damages and costs, and lapse of ninety days, cannot maintain any acthe fees of counsel and witnesses, and other tion against the town to recover the bounty so expenses, incurred reasonably and in good voted. Cuirttis v. Pembroke, 11 Allen, faith in defending the action in which the (1865), judgment was recovered, without proving that 48. If prior to St. 1801, c. 222, a town has the town had notice of the pendency of the voted that a certain sum monthly should be action. Iladsell v. Hancock, 3 Gray, 526 paid to each citizen of the town who should (1855). enlist in the military service of the state, with s4. A vote of a town to indemnify its three the intention of serving in the army of the seletmen against any claim for damages and United States, if called upon, a citizen who so costs of a certain description which may be enlistCd under that vote, may, under that statlegally substantiated against them or either of ute, maintain an action aVgainst the town to them, will support a joint action against the recover such pay for a time not exceeding town by two of the selectmen, without joining ninety days from his enlistment. GCrocre v. the third, to recover the amount of a judg- Pezbioke, 11 Allen, (1865). ment for such damages and costs recovered in 49. Receiving state aid will not prevent a an action against the two, and paid by one of soldier fiom recovering any sum to which he them, and also the reasonable expenses of de- miay be entitled under the votes of the town in fenu ing the action, paid and incurred by the which he enlisted. lb. two separately. lb. 50. A vote passed at a town meeting, ap43. An action of tort lies against a city to pointing a committee "to settle the. dispute" recover dainages occasioned by the obstruc- between the town and the plaintiff, was held tion, owing to negligence on the part of the not to take the plaintiff's demand out of the city, of a natural watercourse, through a cul- statute of limitations. Fiske v. ATeedhanz, 11 vert under a highway, although the plaintiff is Mass. 452 (1814). the owner of the land on both sides of the 51. A vote of an authorized committee of a highway. Palrker v. Lowell, 11 Gray, 353 city, electing their clerk city engineer for a (1858). year from a subsequent day, duly recorded, 44. In an action against a city for damages and signed by him as their clerk, is sufficient suffered by the obstruction of a culvert for a to take his appointment out of the statute of watercourse under a highway, the judge in- frauds, althouglh the amount of compensation structed the jury that the burden of proof was is not named in the vote. Chase v. Lowell, on the plaintiff to show that the injury sus- 7 Gray, 33 (1856). tained by him was attributable solely to the See ANNEXATION AND DIVIsION OF TOWNS, negligence of the defendants in omitting to, 20-2; C 5; APPROPRIATIONS, 20-23; CoN'rRaCTs; remove the obstruction, and that in the ab- 1)GS, 2; ELECTIONS 25-32; FINANCE; FIRE; sence of any proof of neglect or want of care 1Frs,;-8; GUNPOWDER; HIEALT1H, 14; by'the plaintiff or a stranger, in any way con- HUrsEs OF CORRECTION AND JAILS; OFPItributing to the injury or to the obstruction in the culvert, if the defendants through negli- ScHOO, 24, 27, 33-7: iiRS ND DRAINS; genee suffered the culvert to be obstructed, and the injury was caused by reason solely of said obstruction, the defendants would be lia- Set-off. ble. It was held, that the defendants had no 52. Where the official bond, given to a ground of exception. lb. town by a collector of taxes and his sureties, 45. Inhabitants of a town are not competent is several as well as joint, and the collector to be appraisers of land upon the extent of an brings an action against the town on a demand execution in favor of the town. Boston v. which is itself the subject of set-off, the defendTilestonz, 11 Mass. 468 (1814). But see Gen. ants may set off their claim on such bond for Sts. c. 122, ~ 13. money which the plaintiff has received on tax 46. If the defendants in an action brought bills committed to him for collection, and in favor of a town have filed an affidavit of which lie has not accounted for nor paid over. merits at the first term, the objection that the Do;ielss, v. Cole}rain, 4 Met. 430 (18-12). action was brought without the authority of 53. Taxes, being neither judgments nor the town cannot be taken after the expiration contracts, are not the subject of set-off under ACTIONS -— ANNEXATION, ETC. OF TOWNS. 5 the provisions of the Rev. Sts. c. 96 (Gen. 3. An action on a promise to the mayor and Sts. c. 130). Peiirce v. Boston, 3 Met. 520 aldermen to pay for a license, is rightly (1842). See Commoezouweal/h v. Phwnix Banc, brought in the name of the city, the mayor 11 Met. 135; Appl~eoon v. hIopkins, 5 Gray, and aldermen being merely agents of the city. 533. lb. Trustee Process. 4. It is competent to the legislature to 54. An order of a city council, upon laying grant to a city or towrs power to exact the out a street, that a certain sum be paid, as payment of money as one of the conditions of damages, to a party over whose land the street granting a license for tleatrical exhibitions. lb. was laid out, does not constitute a debt due lb. from the city, and therefore does not make 5. A school for the teaching of daoncing the city liable as trustee of such party, under does not require a license from the mayor and the provisions of statute regulating the trustee aldermen or selectmen, although admittance process. Fellows v. Diucan, 13 Met. 332 thereto is paid for on each evening. Com(1847)s. monweallh v. Gee, 6 Cush. 174 (1850). 55. Paynment of money by a town to the prudential committee of a school district in tile town, for the purpose of being paid over A. ANNEXATION AND DIVISION OF to an instructor of a school for his wages, does not make the committee liable in the trustee process as the instructor's trustee, nor dis- 1. The act for the annexation of Charlescharge the town from its liability to the in- town to Boston, (St. 1854, c. 433,) is unconstructor. Clar/c v. Great Barrington,, 11 stitutional and wholly void; because it underPick. 260 (1831). takes to erect the territory of Charlestown, 56. A city officer, who is chosen for a year, until the next decennial census, into a represubject to be removed from office at any time, sentative district which is neither a town nor at the will of the mayor and aldermen, and a city; and contains no adequate provisions whose salary is payable quarterly, may legally to secure to the inhabitants of Cliarlestown make an assignment of a quarter's salary be- their rights to elect representatives and senafore the quarter expires. Brackett v. Bla7ce, tors in the general court, and representatives 7 Met. 335 (1844). in congress. And the mayor and alidermen 57. Future wages to be earned under an of Charlestown were therefore justified in existing appointment as watchman of a city refusing to certify to the secretary of the may be assignied, by an order addressed to the Conmronwlealt h the result of the votes of the treasurer of the city; and such an order, giv- inhabitants of Charlestown accepting said act. en in the milddle of a month, for " the amount WarrEen v. Chagqlestown, 2 Gray, 84 (1854). on niy month's wages, when due," means the 2. Where a part of a town had been anwnages of that month. JIacomber v. Doane, nexed to and made part of a parish in another 2 Allen, 541 (1861); and see lb. 40. tolwn, without notice to such town or to the 58. A city cannot be charged as trustee of inhabitants of the part so annexed, and the a teacher of a public school, paid by a quar- same had been acquiesced in for nearly eighlty terly salary, upon a process of foreign attachl- years; it was held to be too late for this ment served in the middle of a quarter. IH/ad- court to inquire into the constitutional authorley v. -Peabody, 13 Gray, 200 (1859). ity of the legislature to make such annexa59. A county is not chargeable, in a trustee tion. Cobb v. Kiagi7 na, 15 Mass. 197 (1818). process, for compensation due to a juror and 3. When an act incorporating part of a ordered to be pahid from the county treasury. town and $onstituting it a new town provides WY"illiams v. Boardmcan, 9 Allen, 570 (1865). that all the debts due to or from the original town shall be divided between the two towns, in proportion to the state valuation, and that the poor, with which the original town was then chargeable, together with those then reAMUSEMENTS. moved therefrom and afterwards returning for 1. Under St. 1821, c. 110, authorizing the support, shall be divided in the same propormayor and aldermen of Boston to license tio., - the legal construction of such a protheatrical exhibitions, the license need not be vision is, that the debts are to be paid to or in writing. Bos/om, v. Schaffer, 9 Pick. 415 by the original town, who may be compelled (1830). by the new town to pay over to it its propor2. Under the provision authorizing the tion of debts received, and may conmpel such mayor and aldermen to license theatrical ex- new town to reimburse its proportion of debts hibitions, " on such terms and conditions as paid; and that the charges of maintaining the to theim may seem just and reasonable," they poor, and not their persons, are to be divided, may exact money for the license. lb. each town having a remedy against the other 6 ANNEXATION -- APPRENTICES - APPROPRIATIONS. for a reimbursement of any excess of such APPRENTICES. charges beyond its due proportion. Brewster I. Inder St 1793, c. 59, ~ 4, (Gen. Sts. c. v. HIarwich, 4 Mass. 278 (1808). 111, ~~ 4, 5,) which provides that in certain 4. Such a provision does not affect the set- cases male children nay be bound out as tlement of any of the inhabitants of either of apprentices by the overseers of the poor the toswns. Ib. " until they come to the age of twenty-one 5. Where a town Was divided, ancd a part of years," the overseers are not authorized to it established as a new town, after the comrn- bind out a male child to serve as an apprenmencement of a suit in equity by such town tieo until lie shall be twenty years of age. against a railroad corporation, for a nuisance to Reldell v. Congdonl, 16 Pick. 44 (1,834). a public highway, which, upon the division, fell 2. The same statute requires that in indenwithin the limits of the new town, and the act tures of apprenticeship by overseers of tle for tile division provided that such suit should poor, provision sllll be mace for instructing be assumed, and might be prosecuted to final tle male children "to read, write, and cipher" judgment, by the new town, at their expense and " for such otlher instruction, benefit and and for their benefit, but in the name of the ther allowance, eithier withlin or at tile elld of thle old town; it was held, that the division did, old town it was 11, that the division did term, as to the overseers may seem fit and not operate to vacate or otherwise affect the reasonalle." It was held, that an indenture, suit. Springfield v. Connecticut River Ral reasonable." It was held, that an indenture, suit. Spruitfield v. Connzecticut River Rail- roadUS, 4 Cush..... 63 (1849). -in which the master mierely covenlranted to 6. T he ac incorporag. n rgive the apprentice " the privilege of all the 6. The act incorporatling a new town, cre- ton scool usually tauht in te ton " ated partly from the town of B., provided that void. Ib. it should be entitled to a proportion of all the 3 An indenture of appienticeslip entered property, rights and credits of B. It was into by overseers of the poor, which does not held, that such new town was iiot therefore contain a provision II tle instruction of tle entitled to any part of a fund arising from the ilnor in reading, &c. lpursuant tloe st atutes, sale of land oiiginally appropriated to the usee parties. t v. * > To' 1i vold 111 regard to all th e parties. Bttlcr v. of the ministry in the town of B. Harriso 5 Pi 0 (188). v. EBridyeto,, 16 Mass. 16 (1819).' v. B'idgetoie, 16 Miass. 16 (1819). *4.'lle covenants in an indenture of ap7. Where part of a town is set off from one prenticesip tat tile aprentie sll serve county and annesed to a town in e ai tprentic the ster shall in s ervt e, and that the master shall instruct him and county, by a statute which provides that " all taxes heretofore assessed shall be paid in thle provide for him, re independent so t i same manner as heretofore," and that te pprentice, by reason of incurable illness, sanle nlanne as ~ eretofore,",2~it that the iuecom-les unable to learn hiis 1mastcr'' trade, first town " shall be holden to make the same ecoes unable learn is, or to perforil thle stipurlatecd services, thle appropriations on the territory thus set off, orto perform tie stipulated sev ices, ti, master cannot of his own authority put an for roads, the current year, as though this cotract. Pows v. Pick end to the contract. Powers v. WFae, 2ek. act had not passed;" a highway which the 451 (18-25. county commissioners of the first county. county 5commisioners of the first cou.ty 5. So if tile apprentice steal his master's before the act of separation took effect, laid,oods. Ib. out and ordered to be built by the first ton. Te selecten of a town, who were c 6. rhe selectmen o f a town, w h o wre c.; must be completed by that town, and its corn- o cio oversers of ti poo, io persons having pletion may be etlforced by said connnis-'9 pletion may be enforced by said commiis- been especially chosen overseers, Ibound o(ut sioners, if it be proved that the town made an e en e i a clhild as an capnrirti ee, by an indlentur e appropriation and assessed a tax for the pur- h t e n pose before the act took effect; but not other- ein ty designated themselves siiily as selectmen. It wras Iheld, tliat tlhe indleniture wise. Norwich v. Hampden, 4 Gray, 172 was held, that the indeure (1855). NO'I"WiC7 v. vampdcn, was valid; and an action brlgt uloit ulon it by (1855). ~ overseers of tlhe poor