ment, the city shall have the right to recover said penalty from the day of the original notice, as enacted in said section.] HOIST-WAYS. closed at night. [SECT. 59. The lessee or occupant of any warehouse, store, or Hoist ways to be manufactory, or other building in which there are hoist-ways, or other openings besides the usual stair-ways, shall cause the same to be securely closed at the close of each day. And in case any such building is occupied, then the owner thereof shall cause any such openings to be kept securely closed.] PLACES OF AMUSEMENT. not to be ob ment. [SECT. 60. From and after the passage of this act it shall not be Passage-ways lawful for the owners or lessees of any public hall or place of amuse- structed in ment in the city of Boston to obstruct, or to allow to be obstructed places of amuseby others, any of the aisles or passage-ways in the auditorium of said halls or places of amusement, by placing therein any benches, chairs, stools, or other articles that may prevent free egress, during the hours that said places may be open to the public. And the said owners, lessees, or their agents, are hereby required to keep open all doors giving access to such places of amusement, when used by the public, unless such doors open outwards, and except that fly-doors, opening both ways, may be kept closed. For any neglect or violation of the above provisions of this act, a Penalty. penalty of one hundred dollars shall be imposed upon the owner, lessee, or other occupant, of said places of amusement.] COMBUSTIBLE MATERIALS. houses not to have combus tible materials stored therein. SECT. 61. No building situated or hereafter erected within the Dwelling. building limits of the city of Boston, occupied in part or in whole as a dwelling, shall have any hay, straw, hemp, flax, shavings, burningfluid, turpentine, camphene, or any inflammable oil, or any other combustible material, stored therein, or kept on sale, except in such quantities as shall be provided for by law or by a city ordinance. PENALTIES. SECT. 62. If any person or persons, whether owner or owners, Penalties. contractor or contractors, shall erect, construct, build, or alter, so as to make it substantially a new building, any dwelling-house or other building within the city of Boston, without first obtaining a permit from the office of the inspector of buildings, such person shall forfeit and pay the sum of not less than one hundred dollars nor more than five hundred dollars for each and every offence; and if any person or persons as aforesaid shall proceed to complete any such building without having the same inspected as required, or shall fail to have the walls thereof built of the thickness required by this act, or otherwise fail to comply with its provisions, he or they so offending shall forfeit and pay the sum of not less than one hundred dollars nor more than five hundred dollars for each and every offence, and the further sum of one hundred dollars for each and every calendar month that said house or building shall be suffered to remain without the necessary inspection and the procuring of the proper certificates. These sums shall be recoverable as debts are now by law recovered. If, upon inspection, it shall appear that the work upon any building is going on in violation of any of the provisions of this act, the 1 Repealed. St. 1872, c 260, § 5, substituted. 2 Repealed by St. 1876, c. 69, § 4. Repeal. inspector of buildings shall forthwith notify the owner or owners, contractor or contractors, of such violation, and if, after such notice, the said parties, or any or either of them, shall proceed in the erection or construction of such building, it shall be lawful, after due notice in writing, setting forth the said violation particularly, for the supreme judicial court, or any justice thereof, either in term time or vacation, to issue forthwith an injunction restraining such person or persons from further progress in said work until the facts of the case shall have been investigated and determined; and if it shall appear to the said court upon such investigation, that such building does not in all respects conform to the provisions of this act, said court, besides enforcing the penalty herein before designated, shall issue an injunction to restrain the continuance of the work and to remove so much of the said building as may be decreed by the court, within such time as the court may appoint. SECT. 63. Chapter one hundred and thirty-nine of the acts of the year eighteen hundred and thirty-five, chapter one hundred and thirtytwo of the acts of the year eighteen hundred and forty-seven, chapter two hundred and eighty of the acts of the year eighteen hundred and fifty, chapter two hundred and eighty-one of the acts of the year eighteen hundred and sixty-eight, chapter one hundred and twentythree of the acts of the year eighteen hundred and sixty-nine, and chapter one hundred and sixteen of the acts of the year eighteen hundred and seventy, and all acts or parts of acts inconsistent herewith, are hereby repealed. May 12, 1871. [1872, 260, 371; 1873, 4, 298, 338; 1876, 69, 176; 1877, 84; 1882, 101, 252; 1883, 155, 173, 251; 1884, 223.] May exercise powers granted 1870, 220. AN ACT TO AMEND AN ACT TO AUTHORIZE THE CITY OF BOSTON AND Be it enacted, etc.: SECTION 1. The city of Boston and the town of West Roxbury, under 1868, 223; for the preservation of the public health, as well as for sewerage purposes, may exercise the powers granted by chapter two hundred and twenty-three of the acts of the year eighteen hundred and sixtyeight, and by chapter two hundred and twenty of the acts of the year eighteen hundred and seventy. Repeal. Section eight of chapter two hundred and twenty-three of the acts of the year eighteen hundred and sixty-eight is hereby repealed. SECT. 2. This act shall take effect upon its passage. [1868, 223; 1870, 220; 1874, 196.] May 25, 1871. Majority of members to AN ACT TO AMEND AN ACT TO REVISE THE CHARTER OF THE CITY Be it enacted, etc.: Section thirty-four of chapter four hundred and forty-eight of the constitute a quo. acts of the year eighteen hundred and fifty-four, is hereby amended by rum in common striking out the words, and twenty-five members shall constitute a quorum for the transaction of business ;" and inserting insteal thereof council. the words," and a majority of all the members of the common council shall constitute a quorum for the transaction of business." [1854, 448.] February 8, 1872. 1872. - CHAPTER 16. AN ACT TO REGULATE THE SPEED OF VESSELS PROPELLED BY STEAM Be it enacted, etc. : not to pass than five miles an hour. SECTION 1. No vessel propelled by steam shall, either in Boston Steam vessels harbor or Charlestown harbor, pass within one hundred yards of any wharves faster wharf, at greater speed than at the rate of five miles an hour. SECT. 2. The master, pilot, and engineer, of any vessel violating Penaltics. the provisions of this act, shall severally be punished by fine not exceeding one hundred dollars. SECT. 3. The owner of any vessel violating the provisions of this Damages. act shall pay to any person suffering damage thereby, the full amount of such damage, to be recovered in an action of tort. February 10, 1872. 1872. CHAPTER 55. AN ACT IN ADDITION" TO AN ACT CONCERNING THE DRAW IN CHARLES Be it enacted, etc.: RIVER BRIDGE." have clear open. SECTION 1. The draw required in Charles river bridge, under the Draw in Charles provisions of chapter two hundred and seventy-two of the acts of the river bridge to year eighteen hundred and sixty-nine, shall have a clear opening of ing of thirtythirty-six feet in width, instead of forty-four feet as provided in said six feet. act. SECT. 2. This act shall take effect upon its passage. [1874, 259.] February 28, 1872. 1872. CHAPTER 85. AN ACT IN ADDITION TO 'AN ACT FOR SUPPLYING THIE CITY OF Be it enacted, etc.: Charlestown" $100,000. SECTION 1. For the purpose of defraying the cost and expenses "Water bonds incurred by the city of Charlestown in the construction and exten- of the city of sion of water works in said city, the city council of said city is not to exceed 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 one hundred thousand dollars: provided, however, that the whole amount issued Proviso. under this act and the acts to which this act is an addition, shall not exceed the cost of the construction and extension of said works. The said bonds shall bear interest at a rate not exceeding six per centum per annum, and 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 thereof. from time to time, at public or private sale, on such terms and conditions as said city council shall judge proper. Income from water rates in SECT. 2. The income derived from water rates under the excess of cost of several acts authorizing the construction and extension of water maintenance and interest to be applied to reduction of debt. works in said city, after deducting cost of maintenance, and interest March 9, 1872. [1861, 105; 1863, 9; 1864, 176; 1865, 135; 1870, 216; 1871, 159.] Boston may take water from Sud 1872. CHAPTER 177. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO OBTAIN AN ADDITIONAL Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized, by and bury river and through the agency of the Cochituate water board, to take, hold, and Farm pond. convey to, into, and through, said city, all the water of Sudbury river, so called, said water to be taken at any point or points within the town of Framingham, or higher up on said river, and the water of Farm pond, so called, in said town of Framingham, and the waters which may flow into and from said river and pond, and to take any water rights in or upon said river or pond, in or above the town of Framingham, or connected therewith. May take lands for preserving the purity of water, etc. May connect water sources with Lake Cochituate. Said city may also take and hold, by purchase or otherwise, in connection with the said sources of supply, any lands and real estate necessary for increasing or preserving the purity of the water, or for laying, building, and maintaining, aqueducts, water-courses, reservoirs, dams, buildings, machinery, and other structures and appliances, with their accessories, for conducting, elevating, purifying, storing, discharging, disposing of, and distributing, water; and may also take and hold any land, excepting any in the town of Framingham heretofore taken or purchased by any railroad company, on the margin of said sources of supply, not exceeding five rods in width from the highwater line of said river, storage, reservoirs, or pond, so far as may be necessary, in the opinion of said Cochituate water board, for the preservation and purity of the same, for the purpose of furnishing a supply of pure water for the city of Boston. May build per- SECT. 2. For the purposes of this act, the said city may make and manent aqueducts to connect build one or more permanent aqueducts from the aforesaid water with reservoirs. sources to Chestnut Hill reservoir, so called, or to any other reservoir owned by said city, and secure and maintain the same by any works suitable therefor; may connect the said water sources with Lake Cochituate; may erect and maintain dams, or may increase the height of, and strengthen and maintain, existing dams to raise the water above the same, or to form storage reservoirs; may make and maintain reservoirs within and without said city; may erect and maintain buildings and machinery for elevating the water, and lay down pipes for conducting the same; may build and maintain filters, or other means of purifying the water. And the said city may, for the purposes aforesaid, carry and conduct any aqueduct, or other work, by it to be made and constructed, under or over any water-course, or any street, turnpike-road, railroad, highway or other way, in such manner as not to unnecessarily obstruct or impede travel thereon; May enter upon and may enter upon and dig up any such road, street, or way, for the streets for lay purpose of laying down pipes beneath the surface thereof, and for ing down pipes. maintaining and repairing the same; and, in general, may do any other acts and things necessary or convenient and proper for the pur May build filters, etc. and dig up poses of this act. Said city of Boston in entering upon and digging up any such road, street or way of public travel, shall be subject to such reasonable regulations as shall be made by the selectmen of the towns wherein such work shall be performed, for the protection of their rights of drainage and sewerage therein. for building voirs. SECT. 3. The city of Boston is hereby further authorized, by and May take lands through the agency of said Cochituate water board, if said board dams and resershall deem expedient, to store and distribute water for maintaining and equalizing the flow of water in the river selected by said city as its source of supply, or in the rivers into which said river may discharge, and for this purpose said city may take and hold such land and real estate as may be necessary for building and maintaining dams, reservoirs or other structures and appliances, for storing and discharging water. And the said city may, through the same agency make and build such dams, resorvoirs and other structures and appliances, at any point or points upon the said Sudbury river, and upon any and all streams flowing into the same. to amount of Farm pond. SECT. 4. Nothing contained in this act shall be so construed as Restrictions as to authorize the city of Boston to reduce the water in Sudbury river water to be below a sufficient height to maintain at all times a running stream taken from Sud. bury and Assatherein, which shall flow at least one and one-half million gallons a bet rivers and day for each and every day in the year, or to draw from Farm pond or Sudbury river into Lake Cochituate when the water runs over the dam at Lake Cochituate, or to prevent the inhabitants of the towns of Framingham, Ashland, Southborough, Hudson, and Westborough, from taking from the Sudbury or Assabet rivers or Farm pond so 1875, 168. much of the water hereby granted as shall be necessary for extinguishing fires, and for all ordinary domestic and household purposes, and for the generation of steam, or from cutting and carrying away ice from said pond, or as to prevent the Boston and Albany Railroad Company, or the Mansfield and Framingham Railroad Company, or the Boston, Clinton and Fitchburg Railroad Company, from taking water from Farm pond, for use in locomotive or other engines, or for other railroad purposes, under such regulations of the city council of the city of Boston as may be essential for the preservation of the purity of the same. damages. 452. SECT. 5. 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 130 Mass. 339, taking of or injury to any land, real estate, water, or water-rights, or by the flowage of the lands of any persons, or by the interference with or injury to any use or enjoyment of the water of said river to which any person, at the time of such taking, is legally entitled, or by any other doings under this act; and in regard to such taking, injury, interference and flowage, 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 120 Mass. 352. subject to all the duties, liabilities, and regulations, which are provided in the one hundred and sixty-seventh chapter of the acts of the year eighteen hundred and forty-six, and the three hundred and sixteenth chapter of the acts of the year eighteen hundred and fifty. restored to good defects, etc. SECT. 6. Whenever the city of Boston shall dig up any street or Streets to be way, as aforesaid, it shall restore the same in as good order and order and concondition as the same shall be in when such digging commenced; and dition. the city of Boston shall, at all times, indemnify and save harmless the Boston liable for several towns within which such street or way may be, against all damages which may be recovered against them respectively, and shall reimburse to them all expenses which they shall incur by reason of any defect or want of repair in any street or way caused by the construction of any of said works, or laying of said pipes, or by the maintaining or |