Patients may be admitted who shall be so construed as to take away the right to supply the whole or any portion of such territory. SECT. 7. When any claim for damages shall be preferred by any party for laying down, renewing, or repairing, the pipes of said corporation, as provided for in the third section, said damages shall be paid within three months after the same shall be fixed and determined; and if not so paid, the party entitled to such damages shall have the right to take up and remove said pipes on his premises; and they shall not be relaid until said damages are paid. 1857. - CHAPTER 169. May 8, 1857. AN ACT TO CONFIRM AN INDENTURE CONCERNING THE BACK BAY. Be it enacted, etc.: The indenture of three parts made and executed on the eleventh day of December, in the year eighteen 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 thirtieth, in the year eighteen hundred and fifty-six, of the first part; the Boston WaterPower Company, of the second part; and the city of Boston, of the third part, is hereby confirmed and established: provided, this act shall not prejudice the legal rights of the city of Roxbury, or of the town of West Roxbury. May 18, 1857. AN ACT CONCERNING THE BOSTON LUNATIC HOSPITAL. Be it enacted, etc.: SECTION 1. The city of Boston, by and through the agency of the are not paupers, board of visitors of the Boston lunatic hospital, or by and through any other agency which shall be established therefor by the city council of the city of Boston, may admit into said hospital, as patients, insane persons who are not paupers, upon such terms and conditions, and for such compensation as may, from time to time, be fixed by said city council, or by the authority thereof. SECT. 2. This act shall take effect from and after its passage. May be com mitted to the Boston Junatic hospital. AN ACT CONCERNING INSANE PERSONS IN THE CITY OF BOSTON. Be it enacted, etc. : SECTION 1. The municipal court of the city of Boston, and all other courts and magistrates having authority to commit insane persons to the state lunatic hospital, may commit all insane persons found in the city of Boston, whether they are furiously mad or otherwise, who have their legal settlement in the city of Boston, or in any other city or town within this commonwealth, to the Boston lunatic hospital, in all cases in which said courts and magistrates are authorized by law, to commit such persons to the state lunatic hospital. SECT. 2. This act shall take effect from and after its passage. [1839, 131; 1840, 79; 1851, 243.] May 30, 1857. AN ACT CONCERNING THE REMOVAL OF PRISONERS IN THE PUBLIC Be it enacted, etc.: Directors au tion to another. The board of directors for public institutions of the city of Boston, Drized to tran comprising the house of correction, house of industry, house of refor- fer prisoners mation, and lunatic hospital, is hereby authorized, at its discretion, from ou institu to transfer from any one of the said institutions, to any other of said institutions, any prisoner sentenced to either of the same: provided, Proviso. the assent of the court or magistrate, that committed said prisoner, shall first be obtained to such removal. SECTION 1. The city of Boston is hereby authorized to erect, Authorized to establish hospiestablish, and maintain, a hospital for the reception of persons who, tal. by misfortune or poverty, may require relief during temporary sickness. officers. SECT. 2. The city council of said city shall have power to make Appointment of such ordinances, rules, and regulations, as they may deem expedient, R.O. c. 34. for the appointment of trustees, and all other necessary officers, 1880, 174, § 6. agents, and servants, for managing the said hospital. SECT. 3. Said hospital shall not be erected or located within Location three hundred feet of any school-house or church now built. SECT. 4. This act shall take effect from and after its passage. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO LAY OUT A HIGHWAY Be it enacted, etc.: Albany street. SECTION 1. The board of aldermen of the city of Boston, with Extension of the concurrence of the common council, and the approval of the etc. mayor thereof, are hereby authorized and empowered to lay out a highway, in continuation of Albany street, in said city, not exceeding eighty feet wide, and extending from Malden street, across the tide water in the south bay, so called, in any convenient direction or directions, within the commissioners' line, as now established, to Troy street; and to protect said highway, if they shall deem it necessary, by the erection of a sea-wall outside thereof: provided, however, that no part of such sea-wall shall be outside of the said commissioners' line; and, also, if they shall see fit, to widen the Dover-street bridge between Harrison avenue and Foundry street, so that the same may be fifty feet wide, and no more, between the points herein designated. SECT. 2. Any person or persons, whose flats or land shall be Damages, how taken for the purpose aforesaid, shall have the same rights and reme settled. dies for the assessment and collection of damages sustained by him or them, which are now provided by law in cases where lands are taken for public highways. SECT. 3. This act shall take effect from and after its passage. [1855, 73; 1856, 107.] February 4, 1859. Government of the bank. 1859. CHAPTER 173. AN ACT TO INCORPORATE THE PAWNERS' BANK.' Be it enacted, etc.: SECTION 6. The government of the bank shall be in seven directors, five of whom shall be chosen annually, in October, by the stockholders, together with one to be appointed by the governor of One director to the commonwealth, and one to be appointed by the mayor of the city of Boston; and the board thus created shall elect one of their number president, and such other officers as may be deemed necessary. be appointed annually by mayor. [1876, 11.] April 5, 1859. City of Boston authorized to to raise dam. May take and hold real estate. 1859. CHAPTER 184. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO RAISE THE DAM AT Be it enacted, etc.: 66 SECTION 1. The city of Boston is hereby authorized, by and through the agency of the Cochituate water board therein, or by and through any other agency which shall be established therefor, by the city council of said city, to raise the dam at the outlet of Lake Cochituate, formerly called "Long Pond," lying in the towns of Natick, Wayland, and Framingham, to the height of ten feet above the floor of Knight's Flume," so called, and may also take and hold, from time to time, by purchase or otherwise, any lands or real estate on and around the margin of said lake, not exceeding five rods in width, measuring from the verge of said lake, when the same shall be raised to the level authorized by this act, so far as such lands and real estate may be necessary for the preservation and purity of said lake, for the purpose of furnishing a supply of pure water for said city of Boston: provided, however, that no lands or real estate taken or purchased under this act, shall be exempted from taxation, by reason of Exemption from such taking or purchase. All lands and real estate within said towns, heretofore taken or purchased, and now held by said city by virtue of an act approved March thirtieth, eighteen hundred and forty-six, or by virtue of any other act heretofore passed, shall be and remain exempted from taxation, so long as they continue to be so held and used for the purposes of said acts. Proviso. taxation. City to be liable for all damages sustained. SECT. 2. The said city of Boston shall be liable to pay all damages that shall be sustained by any persons in their property, by the taking of any land or real estate, or by the flowage of the lands Rights and rem- of any person as aforesaid; and in regard to such taking and flowage, edies. 1 By St. 1869, c. 428, § 1 (not printed in this volume), the name was changed to the Collat. eral Loan Company. 2 No other section of this act relates to the city of Boston or to any of its officers. and the ascertainment and payment of all such damages, the said city of Boston, and all persons claiming damages, shall have all the rights, immunities, and remedies, and be subject to all the duties, liabilities, and obligations, which are provided in the one hundred and sixty-seventh chapter of the acts of the year one thousand eight hundred and forty-six, the one hundred and eighty-seventh chapter of the acts of the year one thousand eight hundred and forty-nine, and the three hundred and sixteenth chapter of the acts of the year one thousand eight hundred and fifty. Said city of Boston shall City to Indemalso indemnify said towns of Natick and Wayland, against all injury Wayland. which may at any time be done to any highway or bridge in such towns, by reason of the raising of the water, and maintaining the dam, as herein before provided. nify Natick and effect until, etc. SECT. 3. This act shall not take effect, until said city of Boston Act not to take shall have paid to the said town of Framingham the sum of fortyfive hundred dollars; to the said town of Natick, the sum of three thousand dollars; and to the said town of Wayland, the sum of one thousand dollars; nor until said act shall have been accepted by the city council of said city of Boston.' [1846, 167; 1849, 187; 1850, 316.] April 5, 1859. AN ACT IN RELATION TO THE BACK BAY AND THE PUBLIC GARDEN IN Be it enacted, etc.: tween Boston established. SECTION 1. The boundary line between the cities of Boston and Boundary be Roxbury is hereby altered and established as follows: beginning at and Roxbury a point where the present boundary line between the two cities altered and intersects the easterly side of Avenue Number VI., as laid down on the plan accompanying the third annual report of the commissioners on Boston Harbor and Back Bay, dated October thirty, eighteen hundred and fifty-four, thence running by the said easterly side of said Avenue Number VI., to the present boundary line near the mill-dam; and all that portion of land, flats, or channels, easterly of the line hereby established, is hereby annexed to and made a part of said city of Boston in the county of Suffolk, and shall constitute a part of ward nine, until a new division of the wards: provided, that Proviso. this act shall not affect the present apportionment for the choice of senators and representatives to the general court, and of councillor. owned by Rox. SECT. 2. If there shall be within the limits of the territory hereby Boston not to annexed to the city of Boston, any portion which is owned by the tax any portion city of Roxbury, the city of Boston shall not assess any taxes on bury. such portion owned by Roxbury, so long as it is so owned. fill up certain SECT. 3. The commissioners on the Back Bay are hereby author- Back Bay com. ized and required to fill up and complete, at the expense of the missioners to commonwealth, so much of the street next west of the public garden lands. called Arlington street, as remains to be completed at the time of the passage of this act, so that the said street shall be of the full width of eighty feet; and also the strip of land easterly of said street, which was released by the commonwealth to the city of Boston by indenture dated December eleventh, eighteen hundred and fiftysix; and no building shall hereafter be erected between Arlington Restriction. and Charles streets, except such as are expedient for horticultural 1 These conditions were complied with, and the act was accepted by the city council, May 5, 1859. See City Records, Vol. 37, p. 222. Sections one and two were superseded by annexation of Roxbury to Boston. Proviso. Commissioners of award to be appointed. purposes: provided, that nothing herein contained shall render it uulawful to erect a city hall on the public garden. SECT. 4. For the purpose of determining a just equivalent to the city of Boston, for the relinquishment hereby made of any rights the said city may now have to erect buildings on the strip of land on Arlington street, which was conveyed to the city by the said indenture of December eleventh, eighteen hundred and fifty-six, the governor of the commonwealth and the mayor of said city shall appoint three commissioners, who shall make an award thereon; and the commonwealth shall convey to the city of Boston such portion of the land or flats in the Back Bay, belonging to the commonwealth, and upon such limitations and restrictions as the said commissioners shall order and direct, in said award, as such equal equivalent; and if such commissioners shall not be appointed within thirty days after Supreme judi- this act shall take effect, the supreme judicial court, upon the repreColt case,etc. sentation of either party, and upon notice to the other, shall appoint point,in Sewer to be constructed. Act to be accept ed by legal such commissioners. SECT. 5. The commissioners on the Back Bay are authorized and required to construct all that part of the main sewer, extending from Tremont street, in Boston, to Charles river, which is to be built by the commonwealth, in accordance with the tripartite indenture between the commonwealth and the city of Boston and the Boston Water-Power Company, dated December eleventh, eighteen hundred and fifty-six.' 6 SECT. 6. The board of aldermen of the city of Boston shall notify voters of Boston. and warn the legal voters of the said city to meet in their respective wards on some day within thirty days from the date of the passage of this act, for the purpose of giving their votes "yes" or "no" in answer to the question, "Are you in favor of accepting an act of the legislature of eighteen hundred and fifty-nine, entitled an act in relation to the Back Bay and the public garden in the city of Boston'?" and the votes shall be received, sorted, and counted, and declaration made thereof in the same manner as votes at other elections; and the mayor and aldermen shall transmit to the secretary of the commonwealth, within seven days after said meetings, a true return of the votes in the affirmative and negative; and if it shall appear that a majority of the votes are in favor of the acceptance of this act, then it shall be considered as binding in all its provisions, alike upon the commonwealth of Massachusetts and the city of Boston, and shall have full force and effect; but if a majority of the votes are against the acceptance of this act, then it shall be null and void, and the secretary shall give public notice accordingly." Provisions and produce to be sold on street stands around Faneuil Hall market, under certain restrictions. SECT. 7. The preceding section, authorizing and directing the submission of this act to the legal voters of Boston, shall take effect from and after the passage of this act. AN ACT CONCERNING FANEUIL HALL MARKET, IN BOSTON. SECTION 1. The city of Boston shall make no by-law, ordinance, or regulation, excluding from the occupation of street stands within the limits of Faneuil Hall market, in said city, as the same are, or may be, defined in the city ordinances for the sale of fresh provisions and perishable produce, any persons taking such stand for the sole 1 See Back Bay Agreements, pp. 73, 78. |