purpose of selling such fresh provisions or perishable produce: provided the same are the product of the farm of the person offering them for sale, or of some farm within ten miles of the residence of such person; or are to be sold at wholesale only by the party offering the same for sale on commission, for, or as agent for, some person or persons not residing or having a usual place of business within eight miles of said market; or are meats to be sold at wholesale only by the person who slaughtered the animals of which the same was a part. tain hours of the SECT. 2. The said city shall make no by-law, ordinance, or reguNo prohibition by city of Bos lation, prohibiting the occupation of stands within said limits, and ton during certhe sale of fresh provisions and perishable produce, by the persons day, except, etc. herein before mentioned, between the hours of four o clock in the 109 Mass. 355. afternoon and the time of closing said market at night, or before ten' 9 Met. 253. o'clock in the forenoon, except on Sunday and holidays. SECT. 3. Any existing by-laws, ordinances, or regulations incon- Repeal except. sistent herewith are hereby repealed; but this act shall not be construed to repeal or prevent reasonable rules of police, needful for the decorum, convenience and good order of the market, and those who buy and sell therein. [1860, 152.] April 6, 1859. AN ACT TO GAS-LIGHT AUTHORIZE THE NEWTON AND WATERTOWN Be it enacted, etc. : pipes. SECTION 1. The Newton and Watertown Gas-Light Company are Extension of hereby authorized to extend their pipes for the purpose of conducting into, and selling gas in the town of Brighton. ground to sink ways. SECT. 2. Said corporation, with the consent of the selectmen of Opening of the town of Brighton, shall have the power and authority to open the pipes. ground in any part of the streets, lanes, and highways, of said town for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid; and the Repairs of high. said corporation, after opening the ground in said streets, lanes, or highways, shall be held to put the same into repair under the penalty of being prosecuted for a nuisance: provided, that the selectmen of Proviso. the said town, for the time being, shall at all times have power to regulate, restrict, and control all the acts and doings of said corporation which may, in any manner, affect the health, safety, and convenience of the inhabitants of said town: provided, said company Proviso. shall not be authorized to lay gas-pipes in any streets where authority to lay such pipes has been previously granted by the selectmen of the town of Brighton, to any other company. SECT. 3. This act shall take effect upon [1873, 303.] its passage. March 20, 1860. 1 Changed to eleven o'clock by St. 1860, c. 152. Modified by annexation to Boston, St. 1873, c. 303. CH. 1860. 66 CHAPTER 109. 1810, 124. AN ACT TO AMEND AN ACT TO PREVENT LIVERY STABLES FROM SECTION 1. The first section of the one hundred and twenty-fourth chapter of the statutes of the year eighteen hundred and ten, passed on the eleventh day of February, in the year eighteen hundred and eleven, is hereby amended by inserting after the word "God" the following words, to wit: "without the consent in writing of the proprietors of such church or meeting-house, or of the religious society or parish worshipping therein, and the consent of the mayor and aldermen of the city of Boston." SECT. 2. This act shall take effect from its passage. March 26, 1860. [1810, 124; 1869, 369.] Wharf extensions. Public streets prietors of wharves. AN ACT IN ADDITION TO AN ACT CONCERNING THE HARBOR OF Be it enacted, etc.: BOSTON. SECTION 1. So much of the third section of an act entitled "an act in addition to an act concerning the harbor of Boston," passed on the third day of May, in the year one thousand eight hundred and fifty, as provides that the proprietors of the wharves and flats, by said act authorized to be extended, shall extend said wharves and the lines of their respective flats in a direction at right angles to the line established by said act, is hereby repealed, and the proprietors of said wharves and flats are hereby authorized to extend their wharves and the lines of their respective flats to the line established by said act in the directions in which the said lines of their respective flats were originally established between said proprietors SECT. 2. Whenever the said proprietors lay out or appropriate laid out by pro for any street or streets any portion of the said flats or wharves, the city of Boston may at any time accept and lay out as and for a public street or strects the portion or portions of said flats or wharves by said proprietors so laid out and appropriated, or any part of the same, which portions so accepted shall thereupon, and without any further act of the said proprietors, and without any compensation to them or any of them therefor, vest in the said city of Boston. SECT. 3. Each and every one of the said proprietors of said flats, or of any part thereof, who, at the expiration of two years from the passage of this act, have failed or neglected to cause a good and substantial sea-wall to be built and maintained in front of his or their respective flats on the line established by said act, passed on the third day of May, in the year one thousand eight hundred and fifty, shall forfeit all rights acquired under said act last mentioned, or under this act. Sea-walls. March 31, 1860. AN ACT IN RELATION TO THE POWERS OF CONSTABLES IN THE CITY OF Be it enacted, etc.: BOSTON. serve writs or SECTION 1. Any constable in the city of Boston, who shall have Constables to given to the treasurer of the city of Boston a bond, with sureties in a other process on sum not less than three thousand dollars, to the satisfaction of the conditions. said treasurer, with condition for the faithful performance of his duties in the service of all civil processes which may be committed to him, and shall have caused the same, with the approval of the mayor and aldermen of said city endorsed thereon, to be filed in the office of the city clerk of said city, may, within the said city of Boston, serve any writ or other process in any personal action, and Repealed by any process in replevin which constables are now by existing pro- reenactment, visions of law authorized to serve; and in addition thereto may serve any writ or process in any personal action or process in replevin which may be made returnable to the police court in said city of Boston; and no constable in the city of Boston shall serve any civil process until he shall have given the bond as herein provided. SECT. 2. This act shall take effect on the second day of June next. P.S. For see post, p. 321. 1859, 211. SECTION 1. The two hundred and eleventh chapter of the acts of Amendment t the general court of Massachusetts for the year eighteen hundred and fifty nine is hereby amended by striking out ten o'clock in the forenoon," and substituting "eleven o'clock in the forenoon" therefor, in the second section of said act. SECT. 2. This act shall take effect from its passage. AN ACT IN RELATION TO SIDEWALKS IN THE CITY OF ROXBURY. Be it enacted, etc.: liable for expenses of sidewalks. SECTION 1. The mayor and aldermen of the city of Roxbury are Abutting estates hereby authorized and empowered to construct sidewalks in any of the streets in said city, and to furnish all edge stones for the same, and to assess the expense of all such edge stones upon the owners of land abutting on the sidewalks so constructed, in proportion to the length of lines of their respective estates; and said owners shall be bound and obliged to pay the amounts so assessed: and in case any such owner or owners shall refuse to pay the amount so assessed, within such time as said mayor and aldermen shall designate, then such amount or amounts may be recovered by an action of contract, to be brought by said city of Roxbury before any court or tribunal having competent jurisdiction in the premises. Repeal. SECT. 2. All acts or parts of acts inconsistent herewith, are hereby repealed. SECT. 3. This act shall take effect from its passage. April 4, 1860. Location of town way. AN ACT TO AUTHORIZE THE SELECTMEN OF THE TOWN OF DORCHESTER Be it enacted, etc.: The selectmen of the town of Dorchester, in the county of Norfolk, are hereby authorized and empowered to lay out and construct a town way in the said town of Dorchester, commencing at a point at or near the place where the Old Colony and Fall River railroad crosses Mill street, so called, thence running eastwardly across the marshes and the tide waters of the northerly branch or arm of the creek known as Barque Warwick cove, to any convenient point upon Commercial street, so called, lying northwardly of the northerly end of the bridge now standing at the mouth of the said cove; and the selectmen aforesaid, in laying out such town way, shall conform to the provisions of law for the laying out of ways within the limits of the towns in this commonwealth, and their proceedings, so far as they have been conformable to the forms and provisions of law, are hereby established and confirmed. April 4, 1860. Supply from Proviso. AN ACT FOR SUPPLYING THE CITY OF CHARLESTOWN WITH PURE WATER.1 1 SECTION 1. The city of Charlestown is hereby authorized to take, hold, and convey, by steam or other power, to, into, and through, the said city, by suitable aqueducts or pipes, the waters of Mystic pond, so called, in the towns of Medford, West Cambridge, and Winchester, and the waters which may flow into and from the same, and may also take and hold, by purchase or otherwise, any land, real estate, or water-rights, necessary for erecting, laying, and maintaining, and may erect, lay, and maintain, such aqueducts, pipes, dams, gates, pumps, bridges, reservoirs, embankments, water-ways, drains, or other structures as may be necessary or convenient to insure the purity of the waters of said pond, or the ponds and streams running into it, or to convey said waters into, and for the use of, the said city of Charlestown: provided, however, that said city shall not divert or draw water from any part of said Mystic pond lying southerly of the narrows" or" partings," so called, in said pond. And said city of Charlestown shall have power to erect and maintain a dam between the upper and lower portions of said Mystic pond at the said "narrows" or "partings," so as to exclude the waters of the lower part from those of the upper, and raise the waters of the upper pond as high as they may judge necessary for the purposes of this act, not to exceed, however, the level of "Bacon's dam," so called. And said city of Charlestown shall not erect any dam across Mystic river, or obstruct, or exclude, the free flow of the tide into the lower Mystic pond. Charlestown to Said city of Charlestown shall make and maintain a suitable fish-way in the dam bereby authorized to be constructed by them at the "partings 66 or narrows," so called, and upon request in writing Dam may be erected. Restriction, etc. maintain fish way. 1 Modified by annexation of Charlestown to Boston. See St. 1873, c. 286, § 12. made to the mayor of said city by any member of the fish committees of the towns of Medford or West Cambridge, on or after the first day of March in each year, the same shall be forthwith opened for the passage of fish, and left open until the first day of the next September, unless a majority of both of said committees shall sooner consent to have the same closed. use. SECT. 2. For the purposes of distribution, the city may lay down May lay pipes. pipes to any house or building in said city, the owner or owners thereof having notice and not objecting thereto, and may make and establish public hydrants in such places as may, from time to time, be deemed proper, and prescribe the purposes for which they may be used, and may change or discontinue the same; may regulate the use Regulation of of the water within and without the said city, and establish the prices Water rents. or rents to be paid for the use thereof. And the said city may, for Powers of city. the purposes aforesaid, carry and conduct any aqueducts or other Aqueducts. works by them to be made and constructed, over or under any watercourse, or any street, turnpike-road, highway or other way, in such manner as not to obstruct or impede travel thereon, or the free flow of the water therein. In carrying the pipes or conduits of said aqueduct across Mystic river, the same shall either be carried below the level of the bed of said river, or the bridge or other structure on which the same is carried over said river shall be elevated at least three feet in the clear above high-water level at the point where the same may cross said river; and may enter upon and dig up any such road, street, or way. for the purpose of laying down said aqueducts or other works, and for maintaining and repairing the same. Superintending commissioners. SECT. 3. Three commissioners shall be appointed by the city council, who shall, during their continuance in oflice, execute and perform, 1870, 216, § 2. superintend and direct, the execution and performance of all the works, matters, and things, mentioned in the preceding sections, which are not otherwise specially provided for in this act; they shall be subject to such ordinances, rules, and regulations, in the execution of their said trust, as the city council may, from time to time, ordain and establish, not inconsistent with the provisions of this act, and the laws of this commonwealth; they shall respectively hold Tenure of office their said office for the term of two years next after their said appointment, unless the aqueduct and works aforesaid shall be sooner completed; but they, or either of them, after having had an opportunity to be heard in his or their defence, may be removed at any time by a concurrent vote of two-thirds of each branch of the city council; and, in case of a vacancy in the board of commissioners, by death, resignation, or removal, such vacancy shall be filled by the appointment of another commissioner, in manner aforesaid, who shall hold his said office for the residue of the said term of two years, with all the powers and subject to all the restrictions aforesaid. A major part of said commissioners shall be a quorum for the exercise of the powers, and the performance of the duties, of the said oflice; they Reports of com. shall, once in every three months, and whenever required by the city council, make and present, in writing, a particular report and statement of all their acts and proceedings, and of the condition and progress of the works aforesaid. missioners. SECT. 4. Before the appointment of the commissioners aforesaid, Compensation. the city council shall establish and fix the salaries, or compensation, to be paid to the commissioners for their services; and the said salaries of the said commissioners, so established and fixed as aforesaid, shall not be reduced during their continuance, respectively, in said office. SECT. 5. Whenever the said office of commissioners shall cease, Powers and d either by the expiration of the said term of two years from the city council. du |