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of Charles river.

for public use, a plank way or sidewalk of a width not exceeding way over waters fifteen feet, over the waters of Charles river outside and adjoining the sea-wall now constructed between Berkeley street extended and a point near Hereford strect extended, and outside and adjoining any sea-wall that may be constructed to the new park in extension of said sea wall already built: provided, however, that, with the assent of the harbor and land commissioners, such plank way or sidewalk may be laid out, constructed, and maintained, as aforesaid, to a width not exceeding twenty feet.

Proviso.

concerning use

SECT. 2. The city of Boston is authorized to make all such May make rules reasonable rules and regulations in regard to such sidewalk or prome- of walk. nade and the access to the water therefrom and from the water thereto, as may be expedient and proper; to appoint all necessary officers and agents to enforce such rules and regulations, and to construct and maintain, for the public use in connection with such sidewalk or promenade, suitable landing-places.

betterments.

SECT. 3. Any real estate in the city of Boston, which, in the Assessments for opinion of the board of street commissioners of said city, shall receive any benefit and advantage from the laying out of such sidewalk or promenade, or any sections of the same, under the provisions of this act, beyond the general advantages to all real estate in the city of Boston, may, after like notice to all parties interested as is provided by law to be given by said board in cases of laying out streets in said city, be assessed by said board for a proportional share of the expense of such laying out: provided, that the entire amount so assessed upon Proviso. any estate shall not exceed one-half of the amount which said board shall adjudge to be the whole benefit received by it. All general laws in relation to the assessment of damages and betterments in the case of the laying out of a street, highway, or other way, in the city of Boston, shall be applicable to the laying out of the way herein authorized.

visions of 1869,

SECT. 4. In the exercise of the powers granted by this act, the Subject to procity of Boston shall be subject to the provisions of the four hundred c. 432, and gen. and thirty-second chapter of the acts of the year eighteen hundred and eral laws appli sixty-nine, and all general laws applicable thereto.

cable.

erection con

SECT. 5. When the plank way or sidewalk herein authorized shall Extension or have been laid out by said city and constructed as herein provided, tiguous to water the commonwealth will not authorize any person or corporation to line not to be permitted. construct any extension or erection from or contiguous to the water line of said way or walk.

SECT. 6. This act shall take effect on its acceptance by the city council of the city of Boston.1

April 11, 1881.

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AN ACT TO AUTHORIZE THE CITY OF BOSTON TO ATTACH METERS TO
BUILDINGS WHICH IT SUPPLIES WITH WATER.

Be it enacted, etc.:

water meters tc

SECTION 1. The city of Boston is hereby authorized, at its own May attach expense, to attach and maintain a sufficient water meter to the main service pipes. service pipe in any building or buildings which may be supplied with water by said city under authority of law; and where any building situate within the city of Boston shall be supplied with water by said city through a meter, and there shall be more than one tenement contained in said building, or where different rooms in the same building

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

Payment of

water rates.

Proviso.

are leased to or occupied by different persons taking water through separate fixtures, the owners or lessees of said building shall be liable to said city for the entire amount of water so supplied to said building: provided, that, in the case of dwelling-houses containing more than one tenement, and not more than three tenements, it shall be necessary to obtain the consent of the owner thereof before attaching such

meter.

SECT. 2. This act shall take effect upon its passage.

April 15, 1881.

1881. CHAPTER 221.

AN

ACT TO AMEND

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Amendment to 1878, 243, § 16.

AN ACT IN RELATION TO REGISTRATION AND ELECTIONS IN THE CITY OF BOSTON."

Be it enacted, etc.:

SECTION 1. Section sixteen of chapter two hundred and forty-three of the acts of the year eighteen hundred and seventy-eight is hereby amended by striking out the first word of said section, and inserting therein the word "all," and inserting before the word "the," in the fourth line, the words "any of," and by inserting after the word "lists," in the fourth line thereof, the words "between the close of registration and the day of the next succeeding election." SECT. 2. This act shall take effect upon its passage.

[1878, 243.]

April 26, 1881.

P.S. 27, § 23.

May prescribe

duties and fix

certain officers,

by ordinance.

1881. CHAPTER 229.

AN ACT RELATING TO ORDINANCES OF THE CITY OF BOSTON.

Be it enacted, etc.:

SECTION 1. The city council of Boston may pass ordinances prescribing the duties and fixing the compensation of officers for whose compensation of appointment or election they are now, or may hereafter be, authorized to provide, and every such officer, unless otherwise provided by statute, may be empowered, by ordinance, to hold office for one year from the day in the year of his election or appointment fixed by ordinance, and until his successor shall be elected or appointed and qualified, unless sooner removed by concurrent vote of each branch of the city council.

Certain ordi.

Dances confirmed.

Enacting style.

Fines to be paid into treasury.

SECT. 2. The ordinances of said city, so far as they provide for a term of office longer than one year, for members of the board of health and of the board of fire commissioners, are hereby confirmed, and the persons now acting under said ordinances as members of said boards, shall, severally, hold their offices, and have the powers and duties thereof, until their successors are qualified.

SECT. 3. The enacting style and method of publishing the ordinances of said city shall be such as the city shall by ordinance prescribe.

SECT. 4. All fines and penalties for the breach of any ordinance of said city shall be paid into the treasury for the use of said city unless otherwise provided by statute or ordinance. SECT. 5. This act shall take effect upon its passage.

[1854, 448, §§ 35, 38.]

April 30, 1881.

AN ACT TO AUTHORIZE

1881.- CHAPTER 278.

THE ESTABLISHMENT AND MAINTENANCE OF A

DOG SHELTER, BY THE SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS, IN THE CITY OF BOSTON.

Be it enacted, etc.:

men may author.

SECTION 1. The board of aldermen of the city of Boston may Board of alderauthorize the Society for the Prevention of Cruelty to Animals to ize dog shelter. establish and maintain in said city a shelter for the detention of unlicensed or stray dogs which may be seized under the provisions of this act, and may make any necessary agreement with said society for the reception, sheltering, keeping and feeding, or humane killing or otherwise disposing of such dogs: provided, however, that no such shelter shall be established or maintained when an adjoining owner objects thereto.

to be de

SECT. 2. The mayor of said city shall, annually, within ten days Dogs running at from the first day of July, issue a warrant to one or more police-livered at shelofficers, or any officer of said Society for the Prevention of Cruelty ter. to Animals, directing them to proceed forthwith to seize and deliver at such shelter all dogs found running at large within said city of Boston, not licensed and collared according to law, and to enter a complaint against the owners or keepers thereof. Such officers, other than those under regular pay from said city, shall receive one dollar from the treasurer of said city for each dog so taken and delivered as aforesaid. And all bills for such service shall be approved as provided in section seven of chapter one hundred and thirty of the acts of the year one thousand eight hundred and sixty-seven.

not redeemed, to

be humanely

killed.

SECT. 3. Every dog so taken and received by such shelter, as Dogs to be kept herein before provided, shall be there kept, and provided with suitable five days and, if food, and the owner thereof may redeem the same at any time within five days, by proving title to said dog, by showing that the same has been duly licensed according to law, and by paying the fee fixed by the aldermen of said city. At the expiration of five days said society may cause said dog to be humanely killed, or, upon the payment of the license fee required by law, it may sell or otherwise dispose of the

same.

SECT. 4. For keeping and sheltering any dog, under the provisions No license fee of this act, said society shall not be liable to pay any license fee, nor required. shall it be liable for keeping any dog at such shelter which is unlicensed.

price of redemp

SECT. 5. The aldermen of said city shall have the power to pre- Aldermen to fix scribe the price at which any dog taken and kept in such shelter may be redeemed by the owner thereof; and all moneys received by said society for the redemption and sale of any dogs kept at such shelter shall be paid to the treasurer of said city.

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AN ACT TO REQUIRE THE CITY OF BOSTON TO ABATE A NUISANCE IN
MYSTIC LOWER POND, FOR PROTECTING THE PURITY OF THE WATERS
OF SAID POND, AND FOR THE PRESERVATION OF THE PUBLIC HEALTH,
ESPECIALLY IN THE TOWNS OF MEDFORD AND ARLINGTON.

Be it enacted, etc.:

SECTION 1. The city of Boston is hereby directed to cease empty- City of Boston to cease emptying sewage, or waters, or substances containing polluting matter or ing sewage into Mystic lower properties, into Mystic lower pond, through its sewer constructed pond.

Proviso.

To cause pond

under chapter two hundred and two of the acts of eighteen hundred and seventy-five, or otherwise, and is hereby also directed to take up and remove so much of said sewer as extends into said pond, and also that part thereof between said pond and a point on the line of said sewer at least two hundred feet from said pond, within three months from the passage of this act, and, thereafter, no person or persons, no municipal nor other corporation or corporations, shall discharge or divert into said pond any sewage or offensive matter, waters, or substances containing such properties or of such quality as shall of themselves, or in connection with other matter, create a nuisance in said Mystic lower pond, or endanger the public health; but nothing herein shall be construed to prohibit the city of Boston from discharging such water as shall be collected in its said sewer into said Mystic lower pond, after said city shall have purified, cleansed, and freed, the said waters from all offensive, contaminating, noxious, and polluting, properties and substances, so that said waters shall not of themselves, or in connection with other matter, create a nuisance therein or endanger the public health: provided, that said waters, so purified, shall flow for a distance of at least two hundred feet immediately before their entrance into said pond in an open drain over a gravelly or sandy bottom.

SECT. 2. The city of Boston is hereby directed to cause said to be cleansed. Mystic lower pond to be cleansed of such impurities prejudicial to the public health as, in the judgment of the state board of health, lunacy, and charity, it shall have caused, and at such time and in such manner and extent as shall be approved by the state board of health, lunacy, and charity, and said city shall pay the expense incurred thereby; and, should the said board deem the same to be necessary, and so decide, the city of Boston may erect a dam at the outlet of the lower Mystic pond, and may exclude tide-water from said pond, and may raise the height of the water in said pond, and may take land therefor; and any person suffering any damage shall have the right to have damages assessed therefor, as provided in section three of this

Damages.

May take lands

Winchester.

act.

SECT. 3. The city of Boston is hereby authorized to take and hold, in Woburn and for the time necessary to carry out the provisions of this act, such lands in the towns of Woburn or Winchester, on or near the line of said sewer, as it shall deem necessary, and may construct such canals, basins, tanks, passage-ways, and works, as may be necessary to enable said city to treat said sewage and waters, in order to free the said waters of all noxious, dangerous, and offensive, matter and properties. Said city shall make compensation to the owners for such lands as it shall take under this act, and, if said city and said owners do not agree, any person aggrieved shall be entitled to have his damages ascertained by a jury, upon petition to the county commissioners of Middlesex county, the proceedings upon which shall be like those provided for the recovery of damages in the taking of lands for high

Compensation

to owners.

May raise

money neces

sary for the pur.

pose.

Limitations.

Jurisdiction in equity of su

ways.

SECT. 4. Said city of Boston is hereby authorized to raise and appropriate, in such manner as its city government shall determine, such sums of money as shall be incurred by said city in carrying out the provisions of this act.

SECT. 5. This act shall be subject to the same limitations expressed in section twelve of chapter two hundred and two of the acts of the year eighteen hundred and seventy-five.

SECT. 6. The supreme judicial court, or any justice thereof, in preme judicial term time or vacation, sitting in equity for either of the counties of Suffolk or Middlesex, shall have jurisdiction in equity to enforce the provisions of this act by injunction, or by any other appropriate

court.

equitable remedy, on complaint of the selectmen of either of the towns of Medford or Arlington.

SECT. 7. This act shall take effect upon its passage.

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AN ACT TO AUTHORIZE THE CITY OF BOSTON TO PERMIT THE ERECTION
OF CERTAIN FRAME OR WOODEN BUILDINGS WITHIN THE BUILDING
LIMITS OF SAID CITY.

Be it enacted, etc :

frame or wooden

within the build

The city council of the city of Boston may authorize the erection Erection of of frame or wooden buildings for market purposes, within the build- buildings for ing limits of said city, upon the conditions, that such buildings shall market purposes not exceed twenty-seven feet in height, that all external parts thereof ing limits. shall be covered with iron or other non-combustible material, and that the material used and the mode of erection shall be approved by the inspector of buildings of said city.

March 21, 1882.

AN ACT

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AUTHORIZING THE APPOINTMENT OF ADDITIONAL PROBATION
OFFICERS IN THE CITY OF BOSTON.

Be it enacted, etc.:

cers may be ap.

SECTION 1. The mayor and aldermen of the city of Boston may, Additional if in their judgment it seems proper so to do, appoint two additional probation of probation officers in the manner and subject to the provisions pre- pointed. scribed in section seventy-eight of chapter two hundred and twelve of the public statutes.

P.S. 212, § 78.

SECT. 2. Section seventy-eight of chapter two hundred and twelve Amendment to of the public statutes is hereby amended by striking out in the second line the words "annually in the month of May and."

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AN ACT IN RELATION TO THE NORMAL SCHOOL OF THE CITY OF BOSTON.

Be it enacted, etc.:

Normal school.

SECTION 1. The school committee of the city of Boston may pro- Teachers may vide instruction in the principles and methods of teaching, for the begin benefit of teachers in the service of said city, said instruction to be given in connection with the normal school of said city.

committee confirmed.

SECT. 2. The action of the school committee of said city hereto- Action of school fore, in providing instruction for the benefit of teachers in the service of said city, is ratified, confirmed, and made valid, to the same extent as if this act had been passed prior to such action. SECT. 3. This act shall take effect upon its passage.

[1874, 167.]

April 5, 1882.

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