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foreign to the uses for which it is granted, it shall be lawful for the
commonwealth, by its proper officers and servants, to take appropriate
action in the courts of the commonwealth, to the end that said parcel
of land, or portion thereof, may be declared forfeited by the city of
Boston, and the title therein be revested in the Commonwealth.
SECT. 3. This act shall take effect upon its passage.

[1853, 38; 1878, 114; 1882, 143; 1883, 141.]

April 22, 1880.

Amendments to 1878, 243.

Lists of pre

cincts to be

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AN ACT IN RELATION TO REGISTRATION AND ELECTIONS IN THE CITY OF

Be it enacted, etc.:

BOSTON.

SECTION 1. Chapter two hundred and forty-three of the acts of the year eighteen hundred and seventy-eight is amended as follows:

First, by striking out all of section six of said act, down to, and including, the word "precincts" in the fifth and sixth lines, substituting in place thereof the following: — "The assessors of taxes of printed for dis. the city of Boston shall, on or before the fifteenth day of July in each year, cause street lists of the several voting precincts in said city to be printed and compiled in pamphlet form for public distribution. Said compilation shall be by precincts, separately, not exceeding fifty copes for each, arranged."

tribution.

Corrections of assessed names

upon tax bills.

Identity and qualifications of applicant for registration.

Second, by striking out section eight of said act.

Third, by substituting in place of section nine of said act the following: - SECTION 9. All corrections of assessed names upon tax bills shall be made by the board of assessors, the registrars of voters, or assistant registrars, on a form of a certificate specially prepared for the purpose; and all tax bills so changed, together with the certificates, shall be stamped with an official stamp of the board making such change, before the person represented by such tax bill shall be allowed to register as a voter. All certificates of names so changed shall be sent to the collector of taxes, who shall, as soon as may be, after the first day of January in each year, make corresponding changes or corrections on the list of assessed polls committed to him by the board of assessors. The collector shall also transmit said certificates to the board of assessors, who shall, before the first day of March in each year, make corresponding changes or corrections on the street books in their department."

Fourth, by inserting in line one of section eleven of said act after the word "ward," the words "or precinct."

66 -

Fifth, by amending section fifteen so that it shall read as follows: If the registrars are not satisfied as to the identity or qualifications of an applicant for registration, they may make such examination of such applicant, under oath, as they may consider necessary or proper to verify the fact that he is possessed of the constitutional requirements of a voter; and said registrars, as soon after the second day of September in such year as may be necessary, shall hold evening sessions in or near each ward, for the performance of any and all the duties imposed upon them by the provisions of this act: provided, however, that they shall hold not less than ten evening sessions of not less than three hours' duration prior to the annual state and municipal elections. The collector of taxes shall assign a deputy to be present at all such meetings held before the annual state election for the collection of taxes. He shall also give public notice

thereof by advertisements in at least two daily papers printed in Boston, one of which shall be an evening paper, and by a circular or card addressed to each person assessed for a poll tax only, and delivered through the mail or otherwise. Said circulars or cards shall be delivered on or before the second day of September in each year. No tax bill for poll taxes only shall hereafter be distributed to or for the person assessed before payment thereof."

voters to be

SECT. 2. All requirements of law in regard to the preparation, Precinct lists of publication, posting, or use, of ward lists in the city of Boston, shall posted. be held to be complied with by the employment, in each precinct, of precinct lists, of like description in all respects, of all the legal voters therein.

1877, 60, § 6.

SECT. 3. Section six of chapter sixty of the acts of the year Amendments to eighteen hundred and seventy-four, as amended by section three of chapter two hundred and thirty-five of the acts of the year eighteenhundred and seventy-seven, is amended so as to read as follows: "The registrars shall, at least twenty-four days before the day of the annual state election, cause printed lists of the voters in each precinct to be posted in one or more places in such precinct, with notices thereon, stating the place and hours in which they or the assistant registrars for such precinct will hold sessions to correct and revise the lists. If the assistant registrars refuse to place the name of any person on the voting list, he may appeal to the board of registrars of voters."

1876, 225.

SECT. 4. The provisions of chapter two hundred and twenty-five Amendments to of the acts of the year eighteen hundred and seventy-six are, as far as they relate to the city of Boston, extended to the voting precincts therein in place of the wards.

in board

SECT. 5. Whenever there is a vacancy in the board of aldermen Election to fill or common council in the city of Boston, by failure to elect, removal of aldermen. from the city, death, resignation, or otherwise, it shall be the duty of said board of aldermen to issue their warrant in due form for an election to fill such vacancy, at such time and place as they may deem advisable; but, in case of a vacancy in the common council, such warrant shall not be issued until the board of aldermen receive official notice of such vacancy.

23, 25, etc.

SECT. 6. Sections twenty-one, twenty-two, twenty-three, and Repeal of 1854, twenty-five, of chapter four hundred and forty-eight of the acts of 2382122, the year eighteen hundred and fifty-four, and all acts and parts of acts inconsistent with this act are hereby repealed.

[1874, 60; 1878, 243; 1879, 163; 1881, 221.]

1881. CHAPTER 22.

April 22, 1880.

AN ACT IN RELATION TO HOLDING FUNDS CONTRIBUTED FOR THE RELIEF
OF MEMBERS OF THE BOSTON PROTECTIVE DEPARTMENT AND THEIR

FAMILIES.

Be it enacted, etc.:

bers may be

SECTION 1. The provisions of section four of chapter one hundred Disabled mem and seven of the acts of the year eighteen hundred and eighty, being pensioned. "an act in relation to pensioning disabled members of the fire department of the city of Boston and for other purposes," shall be held to apply to the members of the Boston protective department, in the same manner, and to the same extent, as to the members of the fire department.

SECT. 2. This act shall take effect upon its passage.
February 16, 1981.

[1874, 61; 1880, 107.]

Sea-wall may be built in Charles river between

Cragie's bridge

and West Bos

ton bridge, and

grounds enfilled up for a park.

may be

1881. CHAPTER 92.

AN ACT IN ADDITION TO

"AN ACT FOR THE LAYING OUT Of Public PARKS IN OR NEAR THE CITY OF BOSTON."

Be it enacted, etc.:

SECTION 1. The board of park commissioners of the city of Boston is hereby authorized and empowered to build a sea-wall on the Boston side of the lower basin of the Charles river, between Cragie's bridge and West Boston bridge, and to fill up the grounds enclosed by said wall for the purposes of a public park, in accordance with the provisions of chapter one hundred and eighty-five of the acts of the year eighteen hundred and seventy-five. The said sea-wall shall be on or within the following lines: - Beginning at a point on the southerly side of Cragie's bridge distant two hundred feet perpendicular from the westerly line of Charles street, and running southerly by a line parallel to said Charles street to a point opposite the first angle in said street; thence turning a similar angle and running southerly by a line parallel to and two hundred feet perpendicular again from said Charles street to a point opposite another angle in said street, near Fruit street; thence turning a similar angle and running southerly by a straight line two hundred fect perpendicular from and parallel to the next adjoining portion of said Charles street Lines of sen-wall to West Boston bridge. The lines of the sea-wall aforesaid shall constitute the harbor lines beyond which no wharf, pier, or other structure, and no filling in, shall be extended into or over the tidewater of the said basin, excepting such landing-places as the said park commissioners shall build with the approval of the board of harbor and land commissioners; and if the construction of said seaflow of current, wall and the filling in of the grounds thereby enclosed shall, in the opinion of said harbor and land commissioners, cause a projection injurious to the flow of the current and the protection of the harbor, then the said park commissioners, or the city of Boston, shall make suitable remedy or provision for the same, by connecting the line of the said sea-wall with the present sea-wall in such manner as the said board of harbor and land commissioners shall approve, and may occupy and use any spaces thereby enclosed for the same purposes for which said sea wall and filling in is authorized.

to constitute the harbor lines.

If injurious to

remedy to be provided.

Land to be taken

by city and to

for a public park.

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SECT. 2. This act is made subject to the following conditions and be used solely restrictions, namely: The city of Boston, or the said board of park commissioners, shall take, by purchase or otherwise, all the land, dock, and wharf property, lying westerly of said Charles street between said bridges, under the provisions of said chapter one hundred and eighty-five of the acts of the year eighteen hundred and seventy-five, which, together with the grounds above authorized to be enclosed and filled up, shall be used solely for the purposes of a public park, facing and abutting upon the said Charles river basin. And when the city of Boston or the said park commissioners shall have taken the said land and wharf property, and built the said sea-wall, and fitted up the said grounds as a park as aforesaid, and so long as the Extensions from same shall be used solely as said park, the commonwealth will not authorize or permit any person or corporation to construct any extensions or erections from or contiguous to the water line of said park, except with the consent of said park commissioners or said city of Boston: provided. also, that the city of Boston or said park commissioners shall build the said sea-wall, and fill and fit up the said grounds, during the five years from and after the passage of this act. SECT. 3. This act shall take effect upon its passage.

water-line of

park not to be permitted.

Proviso.

[1875, 185; 1882, 168.]

March 16, 1881. .

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inge, extended.

SECTION 1. Chapter one hundred and thirty-one of the acts of the Time for ereoyear eighteen hundred and seventy-seven is hereby so amended that tion of build. the time within which the Massachusetts institute of technology may erect a suitable building for the permanent use of said institute, upon the land described in chapter one hundred and seventy-four of the acts of the year eighteen hundred and seventy-three, shall be extended for the term of five years from the eleventh day of April, in the year eighteen hundred and eighty-one.

Boston.

SECT. 2. The Massachusetts institute of technology is hereby May exchange authorized, at any time within said term of five years, to exchange said and with city of parcel of land within the city of Boston for other land, or for adequate consideration to release its interest in said parcel to said city, and, on said exchange or release, said city of Boston may hold, occupy, 1873, 174. and control, said parcel of land forever, free from rent or charge by the commonwealth, upon condition that it shall forever be kept open as a public park by said city; said lot to be subject to the limitations and stipulations relative to lands of the commonwealth on the south of Boylston strect, and to be reserved from sale forever; and upon the further condition that the city of Boston shall acquire, by purchase or otherwise, the remainder of the trapezoid of land of which said parcel is a part, lying westerly thereof and between said parcel and Dartmouth street, and shall appropriate it to the same purpose.'

to take land, if

SECT. 3. In case said city shall appropriate said parcel of land, Commonwealth hereby granted, to any purpose foreign to that for which it is granted, appropriated by then the commonwealth, after due notice given, may enter upon said city to any other parcel and take possession thereof, and the right of the city of Boston to the use, occupation, and control, of said lot, shall thereupon cease.

иве.

March 18, 1881.

1881. CHAPTER 129.

AN ACT IN ADDITION TO THE ACTS FOR THE PURPOSE OF SUPPLYING
THE CITY OF BOSTON WITH PURE WATER.

Be it enacted, etc.:

SECTION 1. For the purpose of supplying water to its inhabitants, Water supply and especially for the purpose of increasing the supply of water for high-service which can be used for its high-service, the city of Boston is hereby authorized, by and through the agency of the Boston water board, to construct and maintain new reservoirs, and connect the same, by aqueducts and pipes, with its present sources of water supply, and with its present reservoirs, aqueducts, and pipes, and to construct and maintain new works and pumping stations in connection with said new reservoirs; and, for this purpose, may take and hold, by purchase May take and or otherwise, any lands or real estate necessary therefor, situate in the cities of Boston or Newton, or in the town of Brookline, and lay said aqueducts and pipes over or under any water-course or any streets, turnpike roads, railroads, highways or other ways, in such

1 The trapezoid of land here described, was conveyed to the city by deed of the Institute of Technology, June 30, 1882 (Suffolk deeds, lib. 1568, fol. 148); by deed of the Commonwealth, June 30, 1882 (lib. 1568, fol. 146), and by deed of the Trustees of the Museum of Fine Arts, July 3, 1882 (lib. 1568, fol. 149). by an order of the city council, approved Feb. 21, 1883, it was named Copley square.

hold lands.

May dig up

streets.

manner as not to unnecessarily obstruct or impede the travel thereon; and may enter upon and dig up any such roads, streets, or ways, for the purpose of laying down said pipes beneath the surface thereof, and for maintaining and repairing the same; but always in such manner and with such care as not to render the roads, streets, and ways, unnecessarily unsafe or inconvenient to the public travel thereon. Subject to reaAnd said city of Boston, in performing said work, shall not unnecessonable regula tions made by sarily interfere with any existing sewers, water or gas pipes, and shall be subject to such reasonable regulations as to time, place, and manner, of digging up any streets or ways of public travel for the purposes aforesaid, and the laying of said pipes, as shall be made by the city council of the city of Newton or the selectmen of the town of Brookline, within the limits of said city or town, for the protection of their rights of drainage and sewerage therein and the public rights of passage thereon.

Newton and
Brookline.

Streets to be

restored to good

tion.

Newton and
Brookline to be

SECT. 2. Whenever the city of Boston shall dig up any street or order and condi. Way as aforesaid, it shall restore the same to as good order and condition as the same shall be in when such digging commenced; and the city of Boston shall at all times indemnify and save harmless the city of Newton and the town of Brookline against all damage which may indemnified for be recovered against them respectively, and shall reimburse to them damages. respectively 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 said aqueduct or the laying of said pipes, or by the maintaining or repairing the same: provided, that the city of Boston shall have due and reasonable notice of all claims for such damages or injury, and opportunity to make a legal defence thereto.

Proviso.

Boston to pay all land damages, etc.

SECT. 3. The 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 the laying of said pipes as aforesaid; and any person sustaining damage as aforesaid may have the same ascertained, determined, collected, and paid, in the manner which is provided in sections six, seven, and eight, of chapter one hundred and sixty-seven of the acts of the year eighteen hundred and forty-six. Hydrants to be SECT. 4. Upon requisition by the city council of the city of Newinserted at request of Newton ton, or the board of selectmen of the town of Brookline, prior to the or Brookline. laying of the said aqueduct and pipes through their respective limits, the city of Boston shall insert a number of hydrants in said pipes at points not less than one thousand feet apart, to be used for extinguishing fires, free of charge, and for no other purpose; and said city or town shall pay to the city of Boston the expense of inserting and keeping in repair such hydrants as shall have been so inserted upon their requisitions aforesaid within their respective limits.

Subject to ac ceptance by city

SECT. 5. This act shall take effect upon its acceptance by the city council of Bos. Council of the city of Boston.'

ton.

March 24, 1881.

[1846, 167; 1849, 187; 1864, 271; 1865, 131; 1871, 185; 1872, 177; 1873, 287.]

1881. CHAPTER 197.

AN ACT TO AUTHORIZE THE

CONSTRUCTION OF THE CHARLES-RIVER PROMENADE.

City may construct plank

Be it enacted, etc.:

SECTION 1. The city of Boston is authorized to lay out and construct continuously or in sections, from time to time, and to maintain

1 This act has not been accepted by the city council.

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