to establish. The city of Boston is hereby authorized to establish and maintain City of Boston at Deer Island, or elsewhere within the limits of said city, to be under the charge of the board of directors for public institutions, an asylum Supervision. to be called the Boston Asylum for Inebriates, to which persons requiring the benefits of such an institution may be admitted as boarders, upon such terms and conditions as the said board of Terms of addirectors may determine, subject to the approval of the city council of Boston. mission. May 11, 1864. 1864.-CHAPTER 271. AN ACT IN FURTHER ADDITION TO AN ACT FOR SUPPLYING THE CITY tain pipes on Be it enacted, etc.: SECTION 1. The city of Boston shall have the right to maintain City may main. its water pipes, as the same are now laid, in the mill-dam and other mill dam and lands of the commonwealth in and near said city, subject to the pro- other lands. visions of this act: provided, that any person, whose property is in- Proviso. jured thereby, shall have his damages ascertained and paid in the manner provided in the several acts to which this is in addition: and provided, further, that if, at any time hereafter, the legislature shall Proviso. order a draw to be made through the said mill-dam, or other lands on the line of said pipes, for the purposes of navigation, the city of Boston shall so adapt its said pipes, at the locality of the draw, as not to interfere with a free passage of boats and vessels through such draw. and dig up SECT. 2. Said city may enter upon and dig up the ground in said City may enter mill-dam and other lands, when necessary for the purpose of repair- lands. ing or replacing said pipes: provided, however, that said mill-dam and Proviso. lands shall be restored by said city to as good order and condition as the same are in before such digging is commenced; and that the work shall be done in such manner, and with such care, as not to render any road, street, or way, in which said pipes are laid, unsafe or unnecessarily inconvenient to the public travel thereon. commonwealth tained by de SECT. 3. The city of Boston shall at all times save harmless and Indemnity to indemnify the commonwealth, and any city or town which may be- and towns from come liable to keep in repair any road, street, or way, aforesaid, damages susagainst all damages which may be recovered against them respectively, fects in highand shall reimburse to them respectively all expenses which they ways. shall reasonably incur by reason of any defect or want of repair in such road, street, or way, caused by the maintenance, repairing or replacing of said pipes, or by reason of any injury to persons or property caused by any defect or want of repair in said pipes: pro Proviso. vided, that said city shall have duc and seasonable notice of all claims for such damages or injury, and opportunity to make a legal defence thereto. SECT. 4. This act shall take effect upon its passage. [1846, 167; 1849, 187; 1865, 131.] May 13, 1864. City may raise $150,000 for seao. islands. AN ACT FOR THE PROTECTION OF THE OUTER HARBOR OF THE CITY OF Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized to raise, by walls and works taxation or otherwise, a sum not exceeding one hundred and fifty thousand dollars, and to expend the same in the construction of seawalls and other necessary works on Great Brewster island, Gallop's island, and Deer island, in Boston harbor, in order to protect said islands against the action of the sea, and prevent further injury to said harbor by the washing thereinto of the earth from said islands. Plan approved The plans for the construction of said works shall be submitted to, and approved by, the governor and council, before the same are commenced. by governor and council. Amount ex pended, how re- City council may direct construction. May take certain lands in Newton, Brigh ton, and Brook line. Proviso. May lay pipes from reservoir to line. May secure lands. May cross SECT. 2. The amount expended by said city in accordance with the provisions of this act shall be reimbursed to it from the first net proceeds or receipts from sales of the flats belonging to the commonwealth in said harbor, not already appropriated for specific purposes. SECT. 3. This act shall take effect upon its passage. 1865. CHAPTER 131. May 14, 1864. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO BUILD AN ADDITIONAL Be it enacted, etc.: 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 construct and maintain an additional reservoir for receiving, holding, and distributing, water; and for this purpose, may take and hold, by purchase or otherwise, any lands or real estate, not exceeding two hundred acres, in the towns of Newton, Brighton, and Brookline, and lying between the Air Line railroad, the present line of the said city's aqueduct and Beacon street on the south, Rockland and Brighton streets on the east, South street on the north, and a street leading from said South street to said Beacon street on the west: provided, however, that no part of the tract of land comprising the Evergreen cemetery, in the town of Brighton, shall be so taken and held, otherwise than by purchase. SECT. 2. The city of Boston may also, by and through the same pipes in Brook- agency, lay and maintain one or more suitable lines of pipes from the said reservoir to a convenient point in its line of pipes leading from its reservoir in said Brookline to said city; and may take and hold, by purchase or otherwise, such lands or real estate as may be necessary therefor; and may carry and conduct the said pipes over or under any water-course, or any street, turnpike-road, railroad, highway or other way, in such manner as not to obstruct or impede travel thereon; and may enter upon and dig up such road, street, or way, for the purpose of laying the said pipes and for maintaining and repairing the same. water-course or way. City to be responsible for damages by reason of defect caused in ways. SECT. 3. The city of Boston shall at all times save harmless and indemnify any city or town which may become liable to keep in repair any road, street, or way, aforesaid, against all damages which may be recovered against them, respectively, and shall reimburse to them, respectively, all expenses which they shall reasonably incur by reason of any defect or want of repair in such road, street, or way, damages to pri. remedies, citi. be subject to SECT. 4. The city of Boston shall be liable to pay all damages Liability for that shall be sustained by any persons in their property, by the taking vate property. of any land or real estate as aforesaid, or by any of its doings under this act; and in regard to such taking, and the ascertainment and Rights and payment of all such damages, the city of Boston, and all persons zens and city to claiming damages, shall have all the rights, immunities, and remedies, by provisions of 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. existing acts. issue debt cer SECT. 5. For the purpose of defraying all the costs and expenses City council may of such lands or real estate as shall be taken, purchased, or held, for tificates to dethe purposes mentioned in this act, and of constructing said reser- fray expendi voir, laying said pipes, and doing all other things incident thereto, the said city council shall have authority to issue, from time to time, notes, scrip, or certificates of debt, to such an amount as may be necessary, and in such form, on such length of time, and bearing such rate of interest, not exceeding six per cent. per annum, as they shall deem expedient. SECT. 6. This act shall take effect upon its passage. AN ACT IN ADDITION TO "AN ACT FOR SUPPLYING THE CITY OF Be it enacted, etc. : may issue addi SECTION 1. The city council of the city of Charlestown is hereby City council authorized to issue water bonds of the city of Charlestown to an tional water amount not exceeding two hundred and fifty thousand dollars, in bonds. addition to the amount now authorized by the eleventh section of chapter one hundred and five of the acts of the year eighteen hundred and sixty-one, and by chapter one hundred and seventy-six of the acts of the year eighteen hundred and sixty-four. The bonds Conditions. hereby authorized may be issued and the proceeds thereof appropriated in accordance with and subject to the provisions and conditions of said eleventh section, except so far as the same are changed or modified by this act. able in one to SECT. 2. The water bonds of the city of Charlestown which may May be redeem. hereafter be issued by virtue of this act, or of any previous act or fifty years. acts, may be redeemable at a period of time not less than one nor more than fifty years from and after the issue of such bonds, respectively. And the city council of said city, may, for the purpose of May issue bonds meeting the payments of any of said water bonds, or of the interest bonds or interwhich may accrue upon any of said bonds, make such further issue est. of water bonds as may be necessary therefor: provided, that the Proviso: limita for payment of tion. issue of bonds under this act shall not exceed two hundred and fifty thousand dollars. SECT. 3. This act shall take effect upon its passage. [1861, 105; 1864, 176.] April 8, 1865. May purchase under act of '61 and maintain works. City council may issue water able in one to fifty years. 1865. CHAPTER 144. AN ACT TO AUTHORIZE THE CITY OF CHELSEA TO PURCHASE A SUPPLY OF WATER FROM THE CITY OF CHARLESTOWN, AND TO ISSUE SCRIP IN Be it enacted, etc.: SECTION 1. The city of Chelsea is hereby authorized to purchase a supply of water from the city of Charlestown, agreeably to the provisions of section fifteen of chapter one hundred and five of the acts of the year eighteen hundred and sixty-one, and may erect and maintain such works and structures as may be requisite and necessary for the introduction of water from said city of Charlestown to the said city of Chelsea, and the distribution thereof in said city of Chelsea; and for the purpose of defraying the costs and bonds redeem expenses of such introduction and distribution, the city council of Chelsea shall have authority to issue from time to time, scrip, notes, or certificates of debt, to be denominated water bonds of the city of Chelsea, to an amount not exceeding two hundred thousand dollars, bearing interest not exceeding six per centum per annum, which shall be redeemable at a period of time not less than one nor more than fifty years from and after the issue of said May sell at pub- scrip, notes, or certificates, respectively; and the said city council may sell the same, or any part thereof, from time to time, at public or private sale, for the purpose aforesaid, on such terms and conditions as the said city council shall judge proper; and the said city council may, for the purpose of meeting payments of such interest as may accrue upon any certificate of debt, make such further issue of scrip, notes, or certificates of debt, as may be necessary therefor : provided, that the whole issue of scrip, notes, or certificates of debt, under this act shall not exceed two hundred thousand dollars. lic or private sale. May make fur ther issue for payment of scrip or interest. Proviso. Construction over river to be missioners on SECT. 2. The work of laying pipes and any other structures directed by com- necessary to carry water from said city of Charlestown across Chelsea bridge to said city of Chelsea, shall be under the direction of the commissioners on harbors and flats of the commonwealth. SECT. 3. This act shall take effect upon its passage. harbors and flats. [1861, 105.] April 11, 1865. Mayor and aldermen may 1865. CHAPTER 159. AN ACT TO AUTHORIZE THE LAYING OUT AND WIDENING OF A STREET SECTION 1. The mayor and aldermen of the city of Boston are lay out street. hereby authorized to widen and lay out, as a street, the line of street extending from Milk street to Broad street, in the said city, nearly parallel with Pearl street, and now known by the names of Oliver street, Washington square, and Belmont street, to take sufficient land for the same, to grade the same, and to assess the cost of such widening and grading, including damages for land and buildings taken for such widening, upon estates abutting upon said widened street, as hereinafter provided. But the determination so to widen Decision to act and lay out said street shall be made by the mayor and aldermen, and recorded within recorded within one year from the passage of this act. to be made and one year. grade of street. SECT. 2. The said street shall be made not less than fifty feet Width and wide, and shall be so graded that the rise or fall shall in no place exceed two feet and a half in one hundred feet of length. aldermen to SECT. 3. In making the estimate of the cost aforesaid, for which Mayor and the assessment herein provided is to be laid, the mayor and aldermen estimate damshall estimate the damages sustained by any person or persons, by ages to persons. the taking of land for the said widening, including the value of the whole of the buildings on the land, any part of which shall be so taken, deducting therefrom, however, the value of the materials to be removed, and of the buildings, if any, which will remain standing; but no person shall be entitled to claim further damages for the cut- Decision to be ting off of such buildings, or injury to the same; and, in estimating Estimation of the value of the land cut off by the said widening, the land so cut off value, basis. shall be estimated at its value before the widening, and such estimate shall not include the increased value occasioned merely by the widening, laying out, and grading, of the said street. final. dainages. maining to be cared for by owner or at his cost. SECT. 4. The damages estimated according to the preceding sec- Payment of tion, shall be paid to the persons entitled thereto, in the same manner, and upon the same conditions, as is provided by law in other cases of land taken for widening streets in the county of Suffolk. SECT. 5. Buildings and materials remaining upon the land, under Property rethe adjudication provided in section three, shall be taken care of by the owner thereof; and if such owner, after due, notice so to do, by said mayor and aldermen, neglects or fails to take sufficient care thereof, said mayor and aldermen may take such care of the same as the public safety demands, at the expense of the owner; and if they shall adjudge a removal thereof to be necessary for the public secu- pense of owner. rity or necessity, they may remove the same at the expense of the owner, or they may sell the same, after five days' notice, at public auction, and hold the net proceeds of such sale for the benefit of the owner. Removal may be made at ex estates. SECT. 6. The whole expense of the said widening, including the Assessment of expenditure for damages mentioned in the third section of this act, and the net widening, to be expense of grading the whole widened street, after deducting the upon abutting estimated net proceeds of the earth and gravel removed, shall be assessed upon all the estates abutting upon the said widened street, in proportion to their value, as they shall be appraised by the mayor and aldermen, when the improvements have been made. 106 Mass. 89. three months SECT. 7. All assessments made under this act shall constitute a Shall constitute lien for one year, lien on the real estate assessed, for one year after they are laid, and and may be may, together with all incidental costs and expenses, be levied by levied by sale in sale thereof, if the assessment is not paid within three months after a after demand. written demand of payment, made either upon the person assessed, or upon any person then occupying the estate, or posted upon the premises; such sale to be conducted in like manner as sales for the non-payn ent of taxes. may have jury. SECT. 8. Any party aggrieved by the doings of the mayor and Party aggrieved aldermen, under this act, shall have the like remedy by petition for a jury, and with the same limitations as to the time of bringing such petition, as in other cases of widening or altering streets in the county of Suffolk. And any person aggrieved by the estimate made by the mayor and aldermen, under the tenth section of this act, may have the same assessed by a jury in the same manner as damages for the taking of land for highways may be assessed. SECT. 9. The city of Boston, at its own expense, shall provide a Sewer, side. walks, and |