and nine hundredths feet; thence north forty-three degrees, thirtyseven minutes, twenty-five seconds east, four hundred and one and ninety-seven hundredths feet, to a point situated on the continuation southerly of the easterly line of St. Mary street, and four hundred and eighty-three and seventy-eight hundredths fect from the southerly side line of Monmouth street; thence north twenty degrees, fourteen minutes, eighteen seconds west, by the continuation of the said easterly line of St. Mary street, thirty feet to the present boundary line between Boston and Brookline. Said new boundary line is shown by a red line delineated on a plan drawn by Alexis H. French, dated February first, eighteen hundred and ninety, entitled," Plan showing a proposed change in the boundary line between Boston and Brookline, Massachusetts," on file in the office of the secretary of the Commonwealth. territory set off rights and lia SECT. 2. The inhabitants of the territory hereby set off from Inhabitants of the city of Boston shall continue to have all the rights of to have same such inhabitants of the city of Boston which they now have, bilities until and be subject to all the liabilities appertaining to such inhabi- new domicile is acquired. tants of said city to which they are now subject, until they shall have acquired a new domicile according to law; and no person shall by virtue of the change of boundary hereby made acquire a settlement in the town of Brookline; but all persons residing on the territory hereby set off from the city of Boston, who at the present time have a settlement in the city of Boston, shall continue to have a settlement in said city until they shall have acquired a new settlement according to law; and nothing contained in this act shall be construed so as to impair in any way the rights of any person who may be in the process of acquiring a settlement in said city of Boston; and the inhabitants of the territory hereby set off from the town of Brookline shall continue to have all the rights of such inhabitants of the town of Brookline which they now have and be subject to all the liabilities appertaining to such inhabitants of said town to which they are now subject until they shall have acquired a new domicile according to law; and no person shall by virtue of the change of boundary hereby made acquire a settlement in the city of Boston, but all persons residing on the territory hereby set off from said town of Brookline, who at the present time have a settlement in the town of Brookline, shall continue to have a settlement in said town until they shall have acquired a new settlement according to law; and nothing contained in this act shall be construed so as to impair in any way the rights of any person who may be in process of acquiring a settlement in said town of Brookline. Boston and for acts of their SECT. 3. The city of Boston and the town of Brookline shall, one to notwithstanding this act, remain respectively liable for all damages remain liable for the taking of land or other acts done by the boards of park park commiscommissioners of said city and town respectively prior to the passage sioners. of this act; and all remedies and proceedings for the recovery of such damages shall remain in all respects the same as if this act had not been passed. ances and pay made by Boston SECT. 4. The city of Boston shall, within sixty days after the Certain conveypassage of this act, convey in fee simple to the town of Brookline ments to be all the land which said city has heretofore acquired for the park and Brookline. authorized by chapter one hundred and eighty-five of the acts of the year eighteen hundred and seventy-five and which is hereby set off from the city of Boston, but not including any buildings which may be thereon, to be held by said town for the purposes of said park; and the town of Brookline shall in like manner within sixty days after the passage of this act convey in fee simple to the Park commissioners of Brookline may agree with rail road for change in location. city of Boston, to be held by said city for the purposes of said park, all the land which said town has heretofore acquired for said park and which is hereby set off from the town of Brookline, but not including any buildings which may be thereon; and said town shall also pay to said city of Boston twenty thousand dollars, to be held by the city treasurer subject to the requisitions of the board of park commissioners of the city of Boston, in payment for the lands taken for said park; and the park commissioners of said town may apply to the payment of said sum any moneys heretofore appropriated by said town for the acquisition of land within said town for the park authorized by said chapter one hundred and eighty-five of the acts of the year eighteen hundred and seventy-five; and in computing for the assessment of betterments the expense of the location and laying out of so much of said park as shall after the passage of this act be within the limits of the town of Brookline, there may be included the said sum of twenty thousand dollars and the actual cost to said town of the land heretofore acquired for said park in said town and hereby set off from said town; and in computing for the assessment of betterments the expense of the location and laying out of so much of said park as shall after the passage of this act be within the limits of the city of Boston, there may be included the actual cost to said city of the land heretofore acquired for said park in said city and hereby set off from said city. SECT. 5. The park commissioners of the town of Brookline may agree with the directors of the Boston and Albany Railroad Company upon any change of the location of the railroad in said town of Brookline which said park commissioners may think expedient, and said railroad company, and said park commissioners on behalf said town, may by appropriate conveyances exchange any lands in of said town in order to consummate such agreement; and in case of such conveyance, without further proceedings said railroad company shall acquire title for all railroad purposes to the land conveyed to it by said park commissioners, and the town of Brookline shall acquire title for park purposes to the land in said town conveyed to it by said railroad company. SECT. 6. This act shall take effect upon its passage. May 27, 1890. 1889, 456, amended. 1890.-CHAPTER 346. AN ACT TO AMEND AN ACT RELATING TO SEWER ASSESSMENTS IN THE Be it enacted, etc. : SECTION 1. Section one of chapter four hundred and fifty-six of the acts of the year eighteen hundred and eighty-nine is hereby amended by striking out, in the ninth line, the words "the number of square feet," and inserting in place thereof the words "one cent for each square foot,”— and also by striking out all after the wordland," in the tenth line, and before the words "No estate,” in the fifteenth line, and inserting in place thereof the words, "provided, however, that if the total amount of the assessments for said sewer exceeds the total sum of the cost of the sewer, plus a proportionate part of the cost of the outlet thereof, each of said assessments shall be proportionately reduced, so that the total amount thereof shall be equal to said sum,' so that said section shall read as follows: "Section 1. The owner of each estate in the city of Bos tates to pay etc. ton bordering on a street or on a strip of land through which a main Owners of es. drain or common sewer shall hereafter be constructed in said city may assessment enter a particular drain into such main drain or common sewer from upon entry of particular drain that part of said estate which is situated within one hundred feet into main drain, from said street or strip of land; and shall upon and after such entry pay to said city an assessment on such estate equal to one cent for each square foot of land thereof within one hundred feet of such street or strip of land: provided, however, that if the total amount of the assessments for said sewer exceeds the total sum of the cost of the sewer, plus a proportionate part of the cost of the outlet thereof, each of said assessments shall be proportionately reduced, so that the total amount thereof shall be equal to said sum. No estate shall be assessed more than once for the construction of a drain or sewer except as hereinafter provided, but such estate may be assessed in the manner aforesaid for the cost of renewal or repair of a drain or sewer." SECT. 2. Section five of said chapter is hereby amended by striking out, in the second line, the word assessed," and inserting in the place thereof the words, "on which the assessment was made," also by striking out, in the fourth and fifth lines, the words "levied and," and also by striking out all after the word "collected," in the fifth line, and inserting in the place thereof the words, The city collector of said city shall have power to collect, and the assessors of taxes of said city shall have power to abate, such assessments; and all laws relating to the collection and abatement of taxes in said city shall so far as applicable apply to the collection and abatement of such assessments; and when an assessment is made upon a person or corporation by law exempt from the assessment of taxes, the said assessors shall notify said collector not to enforce the collection of such assessment; but when an estate, the collection of the assessment upon which has not been enforced under such notice, comes into the possession of another person as owner, the amount of such assessment shall be paid by such new owner in like manner, subject to the same provisions of law, as if an original assessment," so that said section as amended shall read as follows: "Section 5. Every assess- Assessments to ment made under this act shall constitute a lien upon the estate on which the assessment was made until it is paid, and may with all incidental costs and expenses be collected in the same manner as taxes on real estate are collected. The city collector of said city shall have Collector to power to collect, and the assessors of taxes of said city shall have assessors to power to abate, such assessments; and all laws relating to the collec- abate assesstion and abatement of taxes in said city shall so far as applicable apply to the collection and abatement of such assessments; and when an assessment is made upon a person or corporation by law exempt Laws relating from the assessment of taxes, the said assessors shall notify said. etc., of taxes, to collector not to enforce the collection of such assessment; but when apply to assess an estate, the collection of the assessment upon which has not been this act. enforced under such notice, comes into the possession of another person as owner, the amount of such assessment shall be paid by such new owner in like manner, subject to the same provisions of law, as if an original assessment." constitute lien. collect, and ments. to collection, ments under 1859, 456. SECT. 3. The board of aldermen of said city shall adjust all Aldermen to adjust assesssewer assessments made under said act so that the said assessments ments made shall be as if made under the said act as hereby amended, and said under. city shall thereupon refund any excess in the amount of said assessments paid to said city. SECT. 4. The repeal or alteration by this act of any provisions of Repeal not to law shall not affect any act done, liability incurred, or right accrued affect act done, etc. and established, or any suit or proceedings to enforce such right or liability, under the authority of the laws hereby repealed or altered, except as hereinbefore provided. SECT. 5. This act shall take effect upon its passage. May 28, 1890. 1890. CHAPTER 355. City may authorize treasurer to issue bonds to amount erect and fur of $550,000, to nish school. houses. 1890, 405. Treasurer to sell expenses in curred. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO INCUR INDEBTEDNESS Be it enacted, etc.: SECTION 1. The city of Boston, for the purpose of erecting and furnishing school-houses in said city, may, on or before the first day of June, eighteen hundred and ninety, authorize the city treasurer of said city to issue from time to time, as the mayor of said city may request, bonds or certificates of indebtedness to an amount not exceeding five hundred and fifty thousand dollars, to bear interest payable semi-annually at such rate not exceeding four per centum per annum as shall be fixed by said city. And the money raised by the loan as herein authorized shall be used for no other purpose than the erecting and furnishing of school-houses in the city of Boston. SECT. 2. Said treasurer shall sell such bonds or certificates as bonds and pay issued and retain the proceeds thereof in the treasury of said city and pay therefrom the expenses incurred for the purpose aforesaid: provided, however, that he shall pay over to the board of commissioners of sinking funds of said city any premiums received by him in the sale of such bonds or certificates; and said board shall place all amounts so paid by said treasurer into the sinking fund for the payment of the loan hereby authorized. Indebtedness incurred to be outside debt limit until Nov. 1, 1890. School committee to have full power of de tion, etc., of school build ings. SECT. 3. The indebtedness incurred under this act shall not, until after the first day in November in the year eighteen hundred and ninety, and shall then, be considered or reckoned in determining the authorized limit of indebtedness of the city of Boston under the provisions of section four of chapter twenty-nine of the Public Statutes as modified and amended by section two of chapter one hundred and seventy-eight of the acts of the year eighteen hundred and eighty five. SECT. 4. The school committee of the city of Boston shall have full power and control of the design, construction, erection and fursign, construc- nishing of all school buildings which may be erected with the proceeds of the loan herein authorized, and are hereby authorized to select and employ an architect or architects to design said buildings and to supervise the construction and erection thereof, and a superintendent or superintendents to take charge of and approve the work; but no work upon any building shall be commenced until full general plans of such building shall have been prepared, and no specific work shall be commenced until the same shall have been duly advertised, proposals for such work shall have been received from responsible parties, and contracts shall have been entered into, with satisfactory guarantees for their performance: provided, however, that no contract made under this act shall be valid unless approved by the mayor. SECT. 5. This act shall take effect upon its passage. [1890, 405.] June 2, 1890. AN ACT TO PROVIDE FOR THE CALLING of meETINGS FOR ELECTIONS IN Be it enacted, etc.: to issue for advertise notice SECTION 1. No warrant shall issue for calling meetings in the Warrants not several wards of the city of Boston, or in the precincts thereof, or elections, etc. any of them, for elections or other purposes; but the city clerk of said city shall, seven days at least before the day fixed for any meet- City clerk to ing, advertise in at least four daily newspapers published in said city, of meetings. a notice of the time and place of such meeting, the hours for opening and closing the polls, the officers to be chosen, and the question or questions to be voted upon, any provision of the charter of said city or of any special or general law to the contrary notwithstanding. SECT. 2. This act shall take effect upon its passage. [1854, 448; 1878, 243.] June 11, 1890. AN ACT IN ADDITION TO AN ACT TO AUTHORIZE THE CITY Be it enacted, etc.: OF BOSTON bonds to amount SECTION 1. Section one of chapter three hundred and fifty-five of the acts of the year eighteen hundred and ninety is hereby amended by striking out the word "June," in the third line, and inserting in place thereof the word "September," so that said section shall read as follows: "Section 1. The city of Boston, for the purpose City may issue of erecting and furnishing school-houses in said city, may, on or be- not exceeding fore the first day of September, eighteen hundred and ninety, author-8550,000, to ize the city treasurer of said city to issue from time to time, as the nish schoolmayor of said city may request, bonds or certificates of indebtedness to an amount not exceeding five hundred and fifty thousand dollars, to bear interest payable semi-annually at such rate not exceeding four per cent. per annum as shall be fixed by said city." SECT. 2. This act shall take effect upon its passage. erect and fur houses. June 11, 1890. 1890. CHAPTER 412. SUPERVISORS AN ACT AUTHORIZING THE CITY OF BOSTON TO PAY THE Be it enacter, etc.: SECTION 1. The city of Boston may by action of the city council City may pay supervisors for pay to the supervisors who served in said city at the last state and services at last municipal elections, and who were appointed under the authority of election. chapter two hundred and ninety-nine of the acts of the year eighteen hundred and eighty-four, a sum not exceeding five dollars each for each day's service. SECT. 2. This act shall take effect upon its passage. June 13, 1890. |