Consolidated companies may system of motive power, etc. franchises of, and may unite and consolidate with, any or all of the other said street railway companies, and may increase its capital stock so far as may be necessary to carry into effect the provisions of this act, subject to all general laws applicable to such increase; but such leases, purchases, and consolidations shall be only upon such terms and conditions as shall be approved by a majority in interest of the stockholders of each corporation, at meetings called for that purpose, and by the board of railroad commissioners; and the corporations so uniting shall, in every instance, constitute one corporation, under such corporate name, not in use by any other street railway company, as shall be approved in the manner and at the meetings aforesaid; and every corporation formed as aforesaid shall have, hold, possess, and enjoy all the powers, privileges, rights, franchises, property, and estates which at the time of such unions shall be had, held, possessed, or enjoyed by the corporations so uniting, or either or any of them, with the exception of the right of appeal to the board of railroad commissioners now enjoyed by the Charles River Street Railway Company under section four of chapter one hundred and seventy-three of the acts of the year eighteen hundred and eighty-two; and shall be subject to all the duties, restrictions, and liabilities to which they, or either or any of them, shall then be subject, and to all general laws then or thereafter in force relating to street railway companies. SECT. 2. Each of the street railway companies mentioned in the maintain cable preceding section which shall carry into effect any lease, purchase, or consolidation under the provisions of said section, may, with the consent of the board of railroad commissioners and of the board of aldermen of the city in which such action is contemplated, establish and maintain the cable system of motive power, so called; and, having first obtained permission from the board of aldermen of cities or the selectmen of towns may, under the direction and control of said board of aldermen, or said selectmen, make such underground and surface alterations of the streets in which its tracks shall be located as may be necessary to establish and maintain said motive power. Railroad commissioners may, on complaint, require additional accommodations, etc. This act to become void, unless, etc. SECT. 3. Upon the complaint in writing of not less than ten persons residing upon the route of any such consolidated corporation, that such corporation is not furnishing to the public sufficient travelling accommodations, the board of railroad commissioners shall investigate such complaint, and may, after due notice and hearing, order such corporation to furnish such additional accommodations as, in the opinion of said board, the public travel may require; and said board may also, after due notice and hearing, revise and regulate the fares established by any such consolidated corporation; and all orders made by said board under this section may be enforced in the manner provided in section sixty-three of chapter one hundred and thirteen of the Public Statutes. SECT. 4. This act shall take effect upon its passage, but shall become void unless one or more of the street railway companies mentioned in section one of this act shall take advantage of the provisions of said section one within two years from the passage of this act. May 20, 1886. 1886. CHAPTER 259. 'AN ACT TO PROVIDE FOR RETURNS OF CERTIFICATES OF DAMAGE BY DOGS, AND TO CHANGE THE TIME FOR PAYING OVER THE MONEY RECEIVED FOR LICENSES. Be it enacted, etc.: certificates of damage by SECTION 1. The mayors of cities and the chairman of selectmen Returns of of towns shall return the certificates of appraisals of damages done to domestic animals by dogs, made by them in accordance with the dogs. provisions of section ninety-eight of chapter one hundred and two of the Public Statutes, to the treasurer of the county where the damage is done within ten days after such appraisal is made. The treasurer shall thereupon submit the same, except in the County of Suffolk, to the county commissioners, who shall within thirty days examine the same and proceed as provided in said section ninetyeight. The treasurer shall pay all orders drawn upon him for the above purpose in full on or after the first day of July in each year, if the gross amount received by him for dog licenses and not previously paid out under the provisions of chapter one hundred and two of the Public Statutes relating to dogs is sufficient therefor, otherwise he shall pay such amount pro rata upon such orders in full discharge thereof on demand. licenses. SECT. 2. Section eighty-four of chapter one hundred and two of the Public Statutes is hereby amended by striking out the words "day of" in the fourth and fifth lines thereof and inserting the words, "days of June and December," so that it shall read: The Issuing and chief of police of Boston and the clerks of other cities and towns recording of shall issue said licenses and receive the money therefor and pay the same into the treasuries of their respective counties, except in the County of Suffolk, on or before the first days of June and December of each year, retaining to their own use twenty cents for each license, and shall return therewith a sworn statement of the amount of moneys thus received and paid over by them. They shall also keep a record of all licenses issued by them with the names of the keepers or owners of dogs licensed, and the names, registered numbers, and descriptions of all such dogs." SECT. 3. This act shall take effect upon its passage. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO PAY CERTAIN CLAIMS. Be it enacted, etc.: certain claims.. SECTION 1. The city of Boston is hereby authorized to pay City may pay William S. and George O. Wiley and Joseph Dickson for services rendered to, and expenses incurred for, the city of Charlestown previous to its annexation to the city of Boston. SECT. 2. This act shall take effect upon its passage. June 10, 188€. City, on request of school committee, to establish a parental school. Children under commitment to AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SCHOOL FOR TRUANTS Be it enacted, etc.: SECTION 1. The city of Boston shall forthwith, upon being requested thereto by the school committee of said city, establish on the mainland, at some place removed from institutions occupied by criminal or vicious persons, a parental school for the confinement, discipline, and instruction of minor children, convicted in the County of Suffolk under sections ten and twelve of chapter forty-eight of the Public Statutes. SECT. 2. As soon as said school is prepared for the reception of be transferred pupils, all such children then under commitment in said city, at Deer island or elsewhere, shall be transferred thereto; and thereafter all such children convicted under said sections shall be committed to said school. to parental school when prepared. Directors of public institutions to have general charge. School SECT. 3. Said school shall be under the general charge of the directors for public institutions of said city. The school department of said school shall be subject to the visitation and inspection of the school committee of Boston, and the studies and examinations therein shall be under the supervision and regulation of said school comcharge of school mittee and directors for public institutions jointly. Every teacher employed in said school shall hold a certificate of his qualifications from said school committee. department to be in joint committee. SECT. 4. This act shall take effect upon its passage. June 14, 1886. AN ACT TO AUTHORIZE A LOAN FOR THE CONSTRUCTION OF PUBLIC PARKS Be it enacted, etc.: SECTION 1. For the purpose of defraying the costs and expenses of constructing the parks established by the city of Boston, the city council of said city may, by a vote passed in the manner provided by section seven of chapter twenty-nine of the Public Statutes, authorize its treasurer to issue, from time to time, to the amount of five hundred thousand dollars each year, and to a total amount not exceeding two million five hundred thousand dollars, negotiable bonds or certificates of indebtedness, payable in not exceeding fifty years from their date and bearing interest at a rate not exceeding four per cent. per annum, to be denominated on the face thereof, Public Park Construction Loan. SECT. 2. Said treasurer shall sell said bonds and certificates, or any part thereof, from time to time, and retain the proceeds thereof in the treasury of the said city, and pay therefrom the expenses incurred for the purposes aforesaid. SECT. 3. Upon the passage of the said vote the board of park commissioners of said city shall without delay proceed with the construction of said parks, and shall carefully and judiciously expend the amounts aforesaid in such construction. authorized SECT. 4. The debt and loans authorized by this act shall not be Loans included within the limit fixed by section two of chapter one hundred by this act to be and seventy-eight of the acts of the year eighteen hundred and outside debt eighty-five. SECT. 5. This act shall take effect upon its passage. June 21, 1886. [1875, 185; 1882, 168; 1887, 312; 1888, 392; 1890, 271, 444; 1891, 301.] limit. AN ACT TO CONFIRM CERTAIN AGREEMENTS FOR A SUPPLY OF WATER Be it enacted, etc.: Boston water confirmed. SECTION 1. The agreement signed by the Somerville Mystic water Certain board claiming to act for the city of Somerville, and by the Boston agreements of water board claiming to act for the city of Boston, the agreement board signed by the water commissioners of Chelsea claiming to act for the city of Chelsea, and by the Boston water board claiming to act for the city of Boston, and the agreement signed by the water committee of the town of Everett claiming to act for the town of Everett, and by the Boston water board claiming to act for the city of Boston, all said agreements to take effect on the first day of July in the year eighteen hundred and eighty-six, and all being for a supply of water to be furnished by the city of Boston to the above named places, and their respective inhabitants, are hereby ratified and confirmed as contracts between said city of Boston and said other cities and towns as named in said agreements. commissioners SECT. 2. Whenever any petition is presented to the supreme ju- Supreme court dicial court for the appointment of commissioners as provided in my appoint section twelve of each of said agreements, the said court may appoint as provided in commissioners and act upon their award as therein provided. SECT. 3. This act shall take effect upon its passage. June 30, 1886. agreements. AN ACT TO ESTABLISH THE OFFICE OF FIRE MARSHAL OF THE CITY OF Be it enacted, etc.: BOSTON. marshal for city SECTION 1. The governor of the Commonwealth by the advice Governor to ap and with the consent of the council shall appoint an officer to be point a fire known as the fire marshal of the city of Boston, who shall be a citi- of Boston. zen of said city, to hold office for a term of three years from the Tenure of office. date of his appointment, or until his successor is appointed. Said fire marshal may be removed at any time by the governor. Removal. SECT. 2. It shall be the duty of said fire marshal to examine into Duties of fire the cause, circumstances, and origin of fires occurring within the marshal. municipal district of Boston, by which any building, vessels, vehicles, or any valuable personal property shall be accidentally or unlawfully burned, destroyed, lost, or damaged wholly or partially; and to specially examine and decide whether the fire was the result of carelessness or the act of an incendiary. The said fire marshal shall, when in his opinion said proceedings are necessary take the testimony on oath of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matters herein required to be examined and inquired into, and cause the same to be reduced to writing, verified and transmitted to the district attorney of the County of Suffolk, and to the board of fire commissioners of the city of Boston. Said fire marshal shall report in writing to the owners of property, or other persons interested in the subject-matter of investigation, any facts and circumstances which he may have ascertained by such inquiries and investigation which shall in his opinion require attention from said person or persons, and it shall be the duty of said fire marshal, whenever he shall be of opinion that there is evidence sufficient to charge any person with the crime of arson, to cause such person to be arrested and charged with such offence, and furnish to the district attorney all the evidences of guilt, with the names of witnesses and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case; Special report and he shall specially report to the board of fire commissioners, as to fire commis. often as such board shall require, his proceedings and the progress made in all prosecutions for arson, and the result of all cases which are finally disposed of. sioners. Fire marshal may subpoena witnesses, ad etc. SECT. 3. The fire marshal shall have power to subpoena witnesses and to compel their attendance before him in like manner and minister oaths, effect as trial justices to testify in relation to any matter which is, by the provisions of this act, a subject of inquiry and investigation by the said fire marshal. The said fire marshal shall be and is hereby authorized to administer and verify oaths and affirmations to persons appearing as witnesses before him, and false swearing in any matter or proceeding aforesaid shall be deemed perjury and shall be punishable as such. The said fire marshal shall have authority, at all times of the day or night, in performance of the duties imposed by the provisions of this act, to enter upon and examine any building or premises where any fire shall have occurred, and the buildings and premises adjoining and near to that in which the fire occurred. Salary of fire marshal. Fire commissioners may supervise and ings when necessary. SECT. 4. The compensation of the fire marshal shall be a salary of three thousand dollars per annum, which shall be paid in monthly instalments by the treasurer of the city of Boston. Such salary and all expenses incurred by said fire marshal in making inquests for the purpose of determining the origin of fires, shall be included in the expenses of the County of Suffolk. SECT. 5. It shall be the duty of the Board of Fire Commissioners of the city of Boston, to supervise and direct, whenever it shall be of direct proceed opinion that the public interests will be subserved thereby, the investigations, examinations, and proceedings of said fire marshal, and make all needful and proper rules and regulations in relation to the duties of the office and the manner of performing the same and to determine the necessary expenses and to audit the accounts of said fire marshal. Treasurer of Commonwealth to pay salary fire marshal. 1887, 231. SECT. 6. On the first of May of each year, on presentation of proper vouchers and accounts, the treasurer of the Commonwealth and expenses of shall pay to the treasurer of the city of Boston, the salary of the said fire marshal, and the expenses incurred during the year, in prosecuting his investigations in the manner above mentioned: provided, however, that the said payment made by the treasurer of the Commonwealth shall in no case exceed in amount twenty-five per cent. of the tax collected by the Commonwealth on premiums received by insurance companies for writing fire risks in the city of Boston during the preceding calendar year. |