Citizens may vote for munici pal officers of Boston in the year 1869. Number of aldermen, council. in Boston. provided for in the preceding section, shall be qualified according to law. The citizens of the territory by this act annexed to the city of Boston, shall have the same right to vote for municipal officers at the annual municipal election of the city of Boston, in the year eighteen hundred and sixty-nine, as they would have had if said territory had formed part of the city of Boston for more than six months next before said election. SECT. 7. After the present municipal year the board of aldermen men, and wards of the city of Boston shall consist of twelve members, and the common council of the city of Boston shall consist of sixty-four members. The number of wards of said city, including the ward to be formed out of the territory hereby annexed, shall be sixteen. Police officers, firemen, etc., of Dorchester, to charge of their duties. SECT. 8. The several police officers and watchmen that may be in office in the town of Dorchester when this act shall take effect, shall continue in dis- thereafter continue in the discharge of their respective duties, in the same manner as if they were police officers and watchmen of the city of Boston, until others shall be appointed in their stead. And the fire engineers and firemen of the town of Dorchester shall in like manner continue in the discharge of their duties, as if they were engineers and firemen of the city of Boston, till others are appointed in their stead. SECT. 9. All the interest which the town of Dorchester now has in the public property of the county of Norfolk, is hereby released and acquitted to said county of Norfolk. Such proportion of the debts and obligations of the county of Norfolk, existing when this act shall take full effect, over and above the value of all the property belonging to said county as should proportionally and equitably be paid by the inhabitants and property owners of the territory by this act annexed to the city of Boston, shall be paid by said city of Boston to said county of Norfolk; and the supreme judicial court shall have jurisdiction in equity to determine the amount of such proportion (if any), and enforce the payment of the same upon a suit of equity, in the name of said county, to be brought therefor within six months after this act shall go into full operation, by the county commissioners of said county of Norfolk, if they shall deem such suit for the interest of said county; but no such suit shall be instituted after said six months. Nothing contained in this act shall impair the obligation of contracts; and the property and inhabitants of the territory by this act annexed to the city of Boston shall continue liable to the existing creditors of the county of Norfolk, in like manner as if this act had not been passed: provided, that if any person, by reason of his being an inhabitant of, or owning property in, said territory, shall be coinpelled to pay any part of an existing debt or obligation of the county of Norfolk, the amount of such payment shall constitute a debt to him from said county as hereafter to be constituted, exclusive of said territory, and may be recovered in like manner as other debts against the county of Norfolk. SECT. 10. This act shall not take full effect unless accepted by a majority of the legal voters of the city of Boston present and voting thereon by ballot, at meetings which shall be held in the several wards of said city, and also by a majority of the legal voters of the town of Dorchester present and voting thereon by ballot, at a meeting which shall be held in said town.' All said meetings shall be held simultaneously on the twenty-second day of June of the present year, and upon notice thereof duly given at least seven days before the time of said meetings, and the polls shall be opened at nine o'clock in the forenoon of said day, and shall be closed at six o'clock in 1 Accepted, June 22, 1869. pro tempore, the afternoon. In case of the absence of any ward officer at any Ward officers ward meeting in said city, held for the purpose aforesaid, or of any may be chosen. of the selectmen, or of the town clerk at any meeting in said town for said purpose, a like officer may be chosen, pro tempore, by hand vote, and shall be duly qualified and shall have all the powers, and be subject to all the duties, of the regular officer at said meetings. Said ballots shall be "yes" or "no" in answer to the question, Ballots. "Shall an act passed by the legislature of the commonwealth in the year eighteen hundred and sixty-nine, entitled an act to unite the city of Boston and the town of Dorchester,' be accepted?" Such Weetings, how meeting in the town of Dorchester shall be called, notified, and warned, by the selectmen of said town, in the same manner in which meetings for the election of town officers in said town are called, notified and warned; and such meetings in the city of Boston shall be called, notified, and warned, by the board of aldermen of said city in the same manner in which meetings for the election of municipal officers in said city are called, notified, and warned. ing to be re turned. The ballots given in shall be assorted, counted, and declared, in the Result of ballot. ward meetings in which they are given in the city of Boston, in open corded and reward meeting, and shall be registered in the ward records; and in the town of Dorchester the ballots given in shall be assorted, counted, and declared, in open town meeting, and shall be recorded upon the records of the town. The clerk of each ward in the city of Boston shall make return of all ballots given in his ward, and the number of ballots in favor of the acceptance of this act, and the number of ballots against said acceptance, to the board of aldermen of the city of Boston; said returns to be made within forty-eight hours of the close of the polls. made to the sec It shall be the duty of the board of aldermen of the city of Boston Returns to be to certify as soon as may be the ballots cast in the city of Boston, retary of the and the number of ballots cast in favor of the acceptance of this act, commonwealth. and the number of ballots cast against said acceptance, in said city, to the secretary of the commonwealth. The selectmen and town clerk of the town of Dorchester shall, as soon as may be, make a like return of the ballots cast in said town, and the number of ballots cast in favor of acceptance of this act, and the number of ballots cast against said acceptance, in said town, to the secretary of the commonwealth. publish certifi. of votes cast is And if it shall appear that a majority of the votes cast in the city Secretary to of Boston, and a majority of the votes in the town of Dorchester, re- cate, if majority spectively, is in favor of the acceptance of this act, the said secretary in favor rac shall immediately issue and publish his certificate declaring this act to ceptance. have been duly accepted. SECT. 11. So much of this act as authorizes and directs the sub- Part of act to take effect upon mission of the question of acceptance of this act to the legal voters of passage. said city and said town, respectively, provided for in the tenth section of this act, shall take effect upon its passage. effe:t if ac SECT. 12. If this act shall be accepted as herein provided, it shall When to take take effect on the third day of November, in the year eighteen hun- cepted. dred and sixty-nine, so far as to authorize, legalize, and carry into effect, the acts and provisions of the sixth and seventh sections of this act; but for all other purposes (except as mentioned in section eleven of this act), it shall take effect on the first Monday of January, in the year eighteen hundred and seventy. SECT. 13. If any election or balloting upon the question of the acceptance of this act, by either said city or said town, shall within two months thereafter be declared void by the supreme judicial court, upon summary proceedings, which may be had in any county on the petition of fifty voters of either said city or said town, the question of Proceedings in judicial court case supreme declare balloti void. Stables not to be built in Bos ton without consent in writ aldermen. accepting said act shall be again submitted to the legal voters of said city or town, and a meeting therefor shall within thirty days thereafter be called, held, and conducted, and the votes returned and other proceedings had thereon, in like manner as herein before provided. But no election or balloting shall be held void for informality, in calling, holding, or conducting the election, or returning the votes, or otherwise, except upon proceedings instituted therefor and determined within sixty days thereafter, as aforesaid. AN ACT CONCERNING THE ERECTION OF STABLES IN THE CITY OF BOSTON. Be it enacted, etc.: SECTION 1. No person shall hereafter erect, occupy, or use, any building for a stable in the city of Boston, except in such place as the ing of board of board of aldermen of said city shall first in writing approve and direct, and every person so erecting, using, or occupying, a building without such approval, shall forfeit a sum not exceeding fifty dollars, for every month he so uses or occupies such building, and in like proportion for a longer or shorter time; this act shall not apply to any stable now erected, occupied, or used, so long as the same is not enlarged or rebuilt. Proviso. Supreme judi cial court may prevent build SECT. 2. The supreme judicial court, or any justice thereof, either in term time or vacation, may issue an injunction to prevent the Ing by injunc. erection, occupancy, or use, of any stable contrary to the provisions tion. When to take effect. of this act. SECT. 3. This act shall take effect in three months after its pas sage. June 9, 1869. [1810, 124; 1860, 109; 1871, 280; 1878, 192.] Boston may lay water-pipes to Pine island, thence across Roxbury canal and South bay by syphons. I'roviso. Amendment to 1869, 78, § 1. AN 66 ACT IN ADDITION ΤΟ AN ACT TO AUTHORIZE THE CITY OF BOSTON TO LAY OUT A PUBLIC STREET OR WAY ACROSS SOUTH BAY, AND FOR OTHER PURPOSES." Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized to lay waterpipes from a point at or near the junction of Federal and Dorchester streets in said city, in a westerly direction, crossing the Boston, Hartford, and Erie, railroad to Pine island, so called, thence in a westerly direction crossing the marsh and the Roxbury canal to the junction of East Chester park and Albany street in said city: provided, that such pipe or pipes shall cross the Roxbury canal by means of a syphon, so as not to obstruct navigation; and shall also cross the South bay by syphon under so much of the channel as the hai bor commissioners shall direct. And all things done under this act, so far as relates to the crossing of tide-waters, shall be subject to the determination and approval of the harbor commissioners, as provided in the fourth section of chapter one hundred and forty-nine of the acts of the year eighteen hundred and sixty-six. SECT. 2 The act passed the present session of the legislature entitled, "an act to authorize the city of Boston to lay a public street or way across South bay," is hereby amended by striking from the first section thereof the following concluding words thereof; and, 66 provided, that this act shall in no wise impair the legal rights of any person." South bay to be with constructed the wild fill ing and pilebridge. maintain rail SECT. 3. So much of the street across South bay, mentioned in Street actuss the act described in the preceding section, shall be constructed solid filling and so much thereof shall be a pile bridge as harbor commissioners shall direct. SECT. 4. The city of Boston is hereby authorized to locate, con- Boston may struct, and maintain, a railroad track or tracks from some convenient road for conpoint on any railroad near the street herein before mentioned, near where the street herein before mentioned crosses said railroad, and may extend said track or tracks in an easterly direction or westerly direction; said railroad tracks to be used only for the construction of said street. struction of street. private prop P.S. 49. SECT. 5. All damages occasioned to private property by laying Damages to out and constructing said street, shall be ascertained and compensated erty. in the manner provided in chapter forty-three of the general statutes, for the laying out of highways. SECT. 6. This act shall take effect upon its passage. AN ACT IN RELATION TO LAYING OUT STREETS IN THIE THIRTEENTII, Be it enacted, etc.: streets, etc., in formerly city of SECTION 1. The board of aldermen of the city of Boston, with City council the concurrence of the common council of said city, may lay out may lay out such public highways and streets in the thirteenth, fourteenth, and territory fifteenth. wards of said city, being the territory formerly constituting Roxbury, and the city of Roxbury, as they in their judgment shall deem to be for pay for land the common benefit of the inhabitants of said city, and pay for the land so taken; which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient so to do. SECT. 2. This act shall take effect upon its passage. taken. [1870, 337; 1872, 242.] June 22, 1869. 1870. - CHAPTER 79. AN ACT IN RELATION TO LAYING OUT STREETS IN THE TWELFTH AND Be it enacted, etc. : land taken. SECTION 1. The board of aldermen' of the city of Boston, with City council may lay out the concurrence of the city council of said city, may lay out such streets, etc., in territory for. public highways and streets in the sixteenth ward of said city, being merly Dorches the territory formerly constituting the town of Dorchester, as they in ter, and pay for their judgment shall deem to be for the common benefit of the inhabitants of said city, and pay for the land so taken; which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient so to do. SECT. 2. The board of aldermen of said city of Boston, may in May lay out 1 Street commissioners. See St. 1870, c. 337. streets, etc., in twelfth ward and South bay. like manner, with the concurrence of the city council, lay out such public highways and streets in the twelfth ward in said city and the territory known as South bay, as they in their judgment shall deem to be for the coinmon benefit of the inhabitants of said city, and pay for the land so taken, which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient to do so. SECT. 3. This act shall take effect upon its passage. 66 Charlestown may lay additional line of mains from Somerville. AN ACT IN ADDITION TO AN ACT FOR SUPPLYING THE CITY OF Be it enacted, etc.: SECTION 1. The city of Charlestown is hereby authorized to locate and lay a second line of force and supply mains or aqueducts water works in from the engine-house of the Charlestown water works in Somerville, to the city of Charlestown, and enlarge its present engine-house, or make such additions thereto as may hereafter in the opinion of said city become necessary, and to take and to hold by purchase or otherwise, any land, real estate, or water rights, necessary for erecting, laying, and maintaining, the same. And for the purposes aforesaid, said city may carry and conduct any aqueduct or other works by it to be made and constructed, over or under any water-course, 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 water therein, and may enter upon and dig up any such land, street, or way, as may be necessary for the purpose of laying down such aqueducts or other works, and for maintaining or repairing the same. Mystic water board to have all named in 1861, SECT. 2. The Mystic water board of said city shall have, exerthe rights, etc., cise, and are hereby vested with, all the rights, privileges, and authority, and be subject to all the provisions and restrictions, as the commissioners named in section three of chapter one hundred and five of the acts of the year eighteen hundred and sixty-one. 103, § 3. Liability of city of Charlestown for damages. "Water bonds of the city of not exceeding $300,000, may Charlestown," be issued to de fray expenses. SECT. 3. The said city shall be liable to pay all damages that shall be sustained by any persons in their property by the taking of any land, water, or water-rights, or by the constructing of any aqueducts or other works, for the purposes of this act; and any owner or party who shall sustain damages by the doings of said city under this act, shall have the like remedy, and like proceedings shall be had, whether by the party sustaining damages as aforesaid, or by the said city of Charlestown, as is provided in said chapter one hundred and five of the acts of the year eighteen hundred and sixty-one. SECT. 4. For the purpose of defraying the costs and expenses incurred by said city in the extension of the water works, the city council of said city of Charlestown is hereby authorized to issue from time to time, scrip, notes, or certificates of debt, to be denominated on the face thereof. "Water bonds of the city of Charlestown," to an amount not exceeding three hundred thousand dollars, bearing interest at a rate not exceeding the legal rate of interest in this commonwealth, which shall be redeemable at a period of time not less than ten nor more than thirty years from and after the issue thereof. And said city council may sell the same, or any part thercof, from time to time, at public or private sale, or pledge the |