AN ACT TO AUTHORIZE THE RELEASE TO ITS FORMER OWNERS OF A Be it enacted, etc.: SECTION 1. The board of commissioners mentioned in chapter three hundred and seventy-seven of the acts of the year eighteen hundred and eighty-five is hereby authorized, with the consent of the mayor of Boston, to abandon to the former owners all that parcel of land situated in Pemberton square in the city of Boston, taken by said board from John Lowell and Augustus Lowell, trustees, upon receiving from said trustees a release to the city of Boston of all claims for damages and costs for the taking thereof, and to execute a deed of release to the said trustees which shall revest the said parcel of land in them, as of their estate in the same before said taking. SECT. 2. This act shall take effect upon its passage. May 6, 1886. City of Boston may purchase property, etc, pond aqueduct corporation. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO PURCHASE THE PROP- Be it enacted, etc.: SECTION 1. The city of Boston, by the Boston water board, may purchase and hold all the property, estates, rights and privileges of of the Jamaica the Jamaica Pond Aqueduct Corporation, incorporated by chapter one hundred and thirty-five of the acts of the year eighteen hundred and fifty-seven, and said Boston water board may, if the same shall be deemed expedient, connect Jamaica pond and the pipes of said corporation so purchased with the other water pipes of said city; but said city shall not hereby acquire any right to take ice from said poud, or to take land upon which any building or machinery is now erected, or which is now used in connection with such building or machinery for the purpose of storing ice, or for convenience in cutting, storing and moving ice, without the consent of the owner of said land and buildings or machinery; nor shall said city, by virtue of this act or by the purchase hereunder authorized, acquire any right to obstruct or in any manner interfere with the business of persons or corporations now engaged in cutting, storing, selling or moving ice from said pond, or with the rights of any other person or corporation in the water or ice of said pond, or in the lands bordering upon the same, except so far as the same shall be necessary, in raising or lowering the surface of the water of said pond, to the extent, or in protecting and preserving the purity of said waters, in the manner, now authorized by law. Subject to acceptance by a SECT. 2. This act shall not become valid until it has been accepted two-thirds vote by the city council of the city of Boston, by a vote of two-thirds of of the city council. the members of both branches thereof. May 7, 1886. AN ACT RELATING TO THE DRAINAGE OF EAST BOSTON. Be it enacted, clc.: East Boston. SECTION 1. The city of Boston may discharge the sewage of that Drainage of part of the city of Boston known as East Boston into the channel on the southerly or westerly side of said East Boston, at a point beyond the harbor commissioners' line. lands and SECT. 2. Said city may take by purchase or otherwise any lands, City may take rights of way or casements necessary for the carrying out of the rights of way. purposes of this act. When any lands, rights of way or casements are so taken in any manner other than by purchase, said city shall, within thirty days after such taking, file in the registry of deeds for the district in which said lands, rights of way or casements lic, and cause to be recorded a description of the same as certain as is re- Description of quired in a common conveyance of land, with a statement of the pur- recorded in poses for which the same is taken. Said city shall pay all damages registry of that shall be sustained by any person by reason of such taking, the same to be ascertained and determined in the manner provided for ascertaining and determining damages in the case of laying out, altering or discontinuing highways in said city. land taken to be deeds. SECT. 3. All structures or excavations under or over tide water Structures, etc., subject to ap made for the purposes aforesaid shall be subject to the approval of proval of harbor the board of harbor and land commissioners. SECT. 4. This act shall take effect upon its passage. and land commissioners. 1886. CHAPTER 229. May 14, 1886. AN ACT TO AUTHORIZE CERTAIN STREET RAILWAY COMPANIES TO LEASE AND TO PURCHASE AND HOLD THE PROPERTY, RIGHTS AND FRANCHISES OF, AND TO UNITE AND CONSOLIDATE WITH, EACH OTHER, AND TO ESTABLISH AND MAINTAIN THE CABLE SYSTEM OF MOTIVE POWER. Be it enacted, etc.: companies in SECTION 1. Each of the street railway companies now authorized Street railway to run cars in or into the city of Boston may lease and may purchase Boston may and hold the whole or any part or parts of the property, rights and consolidato. franchises of, and may unite and consolidate with, any or all of the other said street railway companies, and may increase its capital stock so far as may be necessary to carry into effect the provisions of this act, subject to all general laws applicable to such increase; but such leases, purchases and consolidations shall be only upon such terms and conditions as shall be approved by a majority in interest of the stockholders of each corporation, at meetings called for that purpose, and by the board of railroad commissioners; and the corporations so uniting shall, in every instance, constitute one corporation, under such corporate name, not in use by any other street railway company, as shall be approved in the manner and at the meetings aforesaid; and every corporation formel as aforesaid shall have, hold, possess and enjoy all the powers, privileges, rights, fran- Powers and chises, property and estates which at the time of such unions shall be had, held, possessed or enjoyed by the corporations so uniting, or either or any of them, with the exception of the right of appeal to the board of railroad commissioners now enjoyed by the Charles River Street Railway Company under section four of chapter one hundred and seventy-three of the acts of the year eighteen hundred and eighty privileges. Duties and liabilities. May establish the cable system May be compelled to furnish sufficient travelling accommodations two; and shall be subject to all the duties, restrictions and liabilities to which they, or either or any of them, shall then be subject, and to all general laws then or thereafter in force relating to street railway companies. SECT. 2. Each of the street railway companies mentioned in the preceding section which shall carry into effect any lease, purchase or consolidation under the provisions of said section, may, with the consent of the board of railroad commissioners and of the board of aldermen of the city in which such action is contemplated, establish and maintain the cable system of motive power, so called; and, having first obtained permission from the board of aldermen of cities or the selectmen of towns may, under the direction and control of said board of aldermen, or said selectmen, make such underground and surface alterations of the streets in which its tracks shall be located as may be necessary to establish and maintain said motive power. SECT. 3. Upon the complaint in writing of not less than ten persons residing upon the route of any such consolidated corporation, that such corporation is not furnishing to the public sufficient travelfor the public. ling accommodations, the board of railroad commissioners shall inves When to take effect. tigate such complaint, and may, after due notice and hearing, order such corporation to furnish such additional accommodations as, in the opinion of said board, the public travel may require; and said board may also, after due notice and hearing, revise and regulate the fares established by any such consolidated coporation; and all orders made by said board under this section may be enforced in the manner provided in section sixty-three of chapter one hundred and thirteen of the Public Statutes. SECT. 4. This act shall take effect upon its passage, but shall become void unless one or more of the street railway companies mentioned in section one of this act shall take advantage of the provisions of said section one within two years from the passage of this act. May 20, 1886. 1886. CHAPTER 272. AN ACT TO AUTHORIZE THE CHARLESTOWN GAS COMPANY TO FURNISH ELECTRIC LIGHT. May furnish inhabitants of Charlestown and Somerville with electric light. May dig up streets, etc., the aldermen. Be it enacted, etc.: SECTION. 1. The Charlestown Gas Company in addition to the rights and powers conferred upon it by its original act of incorporation, and the acts amendatory thereof, is hereby authorized to furnish the inhabitants of that part of the city of Boston which was formerly Charlestown, and the inhabitants of the city Somerville, or either of them with electric light. SECT. 2. The said corporation, first having obtained the consent with consent of of the board of aldermen of the respective cities, is hereby authorized, under the direction and control of the said board of aldermen, to dig up and open the grounds in any of the streets and highways thereof, so far as is necessary for the purpose of laying lines of wire to carry into effect the authority hereby given, and for the purpose of keeping the said lines in repair; and to erect and maintain lines of wire upon or above the surface of said streets and highways; but such consent shall not affect the right or remedy to recover damages for an injury caused to persons or property by the doings of said corporation under the authority herein given. The said corporation shall put all streets In good repair. and highways which are opened into as good repair as they were To put streets in when opened, and upon failure so to do within a reasonable time shall be deemed guilty of a nuisance. and corporation SECT. 3. When a party injured in his person or property by a de- Liability of city fect in a street or highway, caused by the operations of said corpo- for damages. ration in laying down, erecting, maintaining or repairing its lines of wire, or otherwise obstructing such street or highways, recovers damages therefor of the city wherein such injury is received, such city shall, in addition to the damages so recovered against it, be entitled to recover all the taxable costs of the plaintiff and defendant in the same action, in a suit brought against said corporation, if said corporation be liable for said damages, and if reasonable notice is given by such city to it, so that it may defend the original action. lation by the SECT. 4. The board of aldermen of said cities respectively may Subject to regu. regulate, restrict and control all acts and doings of said corporation board of which may in any manner affect the health, safety, convenience or property of the inhabitants of their respective cities. aldermen. and duties. SECT. 5. Except as herein before expressly provided, said cor- General powers poration shall have all the powers and privileges, and be subject to all the duties, restrictions and liabilities set forth in all general laws which now are or hereafter may be in force relating to electric light companies. SECT. 6. This act shall take effcct upon its passage. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO PAY CERTAIN CLAIMS. Be it enacted, etc.: Wiley, George SECTION 1. The city of Boston is hereby authorized to pay William William S. S. and George O. Wiley and Joseph Dickson for services rendered o. Wiley, to, and expenses incurred for, the city of Charlestown previous to its Joseph Dickson annexation to the city of Boston. SECT. 2. This act shall take effect upon its passage. AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SCHOOL FOR TRUANTS Be it enacted, etc.: of school for Suffolk, by the SECTION 1. The city of Boston shall forthwith, upon being re- Establishment quested thereto by the school committee of said city, establish on the truants in the mainland, at some place removed from institutions occupied by county of criminal or vicious persons, a parental school for the confinement, city of Boston. discipline and instruction of minor children, convicted in the county of Suffolk under sections ten and twelve of chapter forty-eight of the Public Statutes. commitment to SECT. 2. As soon as said school is prepared for the reception of Children under pupils, all such children then under commitment in said city, at Deer be transferred. Island or elsewhere, shall be transferred thereto; and thereafter all such children convicted under said sections shall be committed to said school. under general SECT. 3. Said school shall be under the general charge of the School to be directors for public institutions of said city. The school department charge of of said school shall be subject to the visitation and inspection of the directors of public institu school committee of Boston, and the studies and examinations therein tions. shall be under the supervision and regulation of said school committee and directors for public institutions jointly. Every teacher employed This act shall take effect upon its passage. June 14, 188C. Loan for construction of parks authorized. Treasurer may sell bonds. Commissioners to proceed with 1886. - CHAPTER 304. AN ACT TO AUTHORIZE A LOAN FOR THE CONSTRUCTION OF PUBLIC PARKS Be it enacted, etc.: SECTION 1. For the purpose of defraying the costs and expenses of constructing the parks established by the city of Boston, the city council of said city may, by a vote passed in the manner provided by section seven of chapter twenty-nine of the Public Statutes, authorize its treasurer to issue, from time to time, to the amount of five hundred thousand dollars each year, and to a total amount not exceeding two million five hundred thousand dollars, negotiable bonds or certificates of indebtedness, payable in not exceeding fifty years from their date and bearing interest at a rate not exceeding four per cent. per annum, to be denominated on the face thereof, Public Park Construction Loan. SECT. 2. Said treasurer shall sell said bonds and certificates, or any part thereof, from time to time, and retain the proceeds thereof in the treasury of the said city, and pay therefrom the expenses incurred for the purposes aforesaid. SECT. 3. Upon the passage of the said vote the board of park the construction Commissioners of said city shall without delay proceed with the construction of said parks, and shall carefully and judiciously expend the amounts aforesaid in such construction. of parks. Loan not to be included within limit of 1885, 178, §2. SECT. 4. The debt and loans authorized by this act shall not be included within the limit fixed by section two of chapter one hundred and seventy-eight of the acts of the year eighteen hundred and eighty-five. SECT. 5. This act shall take effect upon its passage. June 21, 1880. 1886. CHAPTER 319. AN ACT CONCERNING THIE COMMITMENT AND CUSTODY OF INSANE Form of order for commitment. Be it enacted, etc.: SECTION 1. Every order or certificate for the commitment of an insane person, under the provisions of sections cleven and twelve of chapter eighty-seven of the Public Statutes, hereafter made by any of the judges therein mentioned, shall authorize the custody of the person therein named, either at the hospital or asylum to which he shall be first committed, or at some other hospital, asylum, private dwelling or other place to which said person may be transferred, if discharged without recovery from the hospital or asylum named in the order. In case said insane person shall be found to have a settlement in some town or city of this Commonwealth, the overseers of the poor in the place of his settlement shall have the legal custody of said person, after his discharge from the hospital or asylum, but not previously, and may make provision for his maintenance and treatment at such asylum, almshouse, private dwelling or other place, as they may see fit, subject to the provisions of this act. In case the to be in custody said insane person shall have no known settlement in this Common Insane persons of authorities |