1861. CHAPTER 142.

AN ACT IN RELATION TO STREETS ON THE BACK BAY.

Be it enacted, etc. :

The various streets and ways on the Back Bay, in the city of Plan confirmed. Boston, and on the northerly side of the Mill-dam, as laid down on the general plan thereof, accompanying the fifth annual report of the commissioners on the Back Bay, and dated Boston, January twentyfirst, eighteen hundred and fifty-seven, and deposited in Suffolk registry of deeds, August thirty-first, eighteen hundred and fiftyeight, with such modifications and alterations as have been made by the commissioners, shown on the plan recorded in Suffolk registry of deeds, liber seven hundred and eighty-eight, folio one hundred and fifty-nine, are hereby ratified and confirmed; and the said commis- Commissioners, sioners shall have the general control of all streets, ways, and squares, on the land of the commonwealth, and may offer them, or any portion of them, for acceptance by the city of Boston, on such terms and conditions as they may deem expedient, subject to the approval of the governor and council: provided, that nothing herein Proviso. contained shall be construed to authorize the commissioners on the Back Bay to postpone or modify the operation of the fourth section of chapter one hundred and fifty-four of the acts of the year one thousand eight hundred and fifty-nine.

powers of.

AN ACT IN AMENDMENT OF THE ACT FOR SUPPLYING THE CITY OF
BOSTON WITH PURE WATER."

66

Be it enacted, etc.:

creased.

SECTION 1. The fifteenth section of the act entitled "an act for Penalty for disupplying the city of Boston with pure water," passed the thirtieth verting water in day of March in the year one thousand eight hundred and forty-six, is hereby amended by adding thereto the following words, viz.: “or by confinement to hard labor in the state prison for a term not exceeding ten years."

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

AN ACT CONCERNING THE HARBOR-MASTER OF THE PORT OF BOSTON.

Be it enacted, etc.:

SECTION 1. The harbor-master for the port of Boston shall here- Harbor-master, how appointed. after be appointed by the mayor and aldermen of the city of Boston, instead of the city council of said city; and he shall continue to 1847, 234. have all the powers, and be subject to all the duties, liabilities, and obligations, which now appertain by law to the said office.

may prescribe

SECT. 2. The city council of the city of Boston may make and City council ordain all such ordinances, rules, orders, and regulations, for prescrib- duties. ing the duties, and controlling the action of the said harbor-master, as they shall deem expedient: provided, such ordinances, rules, Proviso. orders, and regulations are not repugnant to law; and they may, if they shall deem it expedient, provide by ordinance for adding to the

Repeal.

When to take effect.

duties of the said harbor-master the duties of captain of the harbor police.

SECT. 3. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.

SECT. 4. This act shall take effect as soon as the same shall be accepted by the city council of the city of Boston.'

March 11, 1862.

[1837, 229; 1848, 314; 1882, 216; P.S. 69, §§ 23-34; 1884, 173.]

Cambridge and Brighton to rebuild.

draws.

1862. - CHAPTER 65.

AN ACT IN RELATION TO THE REBUILDING AND FUTURE SUPPORT OF "CAMBRIDGE GREAT BRIDGE.

Be it enacted, etc.:
SECTION 1.

The city of Cambridge, and the inhabitants of the town of Brighton, are hereby authorized and required to rebuild the "great bridge," over Charles river, between the city of Cambridge and the town of Brighton, in a substantial and proper manner; the Dimensions and same to be made of the width of twenty-eight feet, with a draw in the centre thereof, at an equal distance from each abutment, of not less than thirty-two feet in width, and with the necessary and proper draw-piers, one above and one below said bridge. The expense incurred in such rebuilding of the bridge and piers shall be borne by said city of Cambridge and said town of Brighton in proportion to the respective valuations of said city and town; but all the additional expense incurred in deepening the channel below said bridge, so as to admit of placing the draw in the centre of said bridge, shall be borne equally by said city and town.

Expense.

Dividing line of

towns.

Maintenance and repairs by

SECT. 2. The bridge, when it shall have been rebuilt as aforesaid, shall be divided by a line along the opening in the middle of said draw, at an equal distance from each abutment, and said line shall forever be the dividing line between Cambridge and Brighton at that point.

SECT. 3. So much of said bridge and draw as shall lie southtowns, defined. Westerly of said dividing line, together with the most southerly pier, shall be forever supported, maintained, and repaired, and the southwesterly half of the draw shall be raised by, and at the expense of, said town of Brighton; and so much of said bridge and draw as shall lie north-easterly of said dividing line, together with the most northerly pier, shall be forever supported, maintained, and repaired, and the north-easterly half of the draw shall be raised by, and at the expense of, said city of Cambridge.

Channel may be deepened.

Repeal.

SECT. 4. For the purpose of placing the draw of said bridge in the centre of the same, as above provided, said city and town are authorized and empowered to deepen the channel in said river, so far as may be necessary for that purpose.

SECT. 5. All acts, or parts of acts, inconsistent with the provisions of this act, are hereby repealed.

SECT. 6. This act shall take effect upon its passage.

1 Accepted April 20, 1878.

March 11, 1862.

1862. CHAPTER 73.

AN ACT CONCERNING THE ATTACHING OR MOORING OF RAFTS TO ANY
BRIDGE, PIER, OR WHARF, IN THE HARBOR OF BOSTON.

Be it enacted, etc.:

attaching rafts,

wharf, without

owner.

SECTION 1. Every person who shall attach or moor any raft, or Penalty for collection of spars, logs, piles, timber, or lumber, to any bridge, pier, logs, etc., to or wharf, in the harbor of Boston, longer than ten hours, without the bridge, pier or written consent of the owner thereof, shall, for every such offence, consent of forfeit and pay to such owner, a sum of not less than twenty-five dollars, and five dollars for every successive day during which such attachment or mooring shall be so continued; and shall be further Further liability. liable for all damages to such bridge, pier, or wharf, caused by such attachment, or mooring, or any continuance thereof, to be recovered by an action of tort.

taching to public

SECT. 2. Every person who shall attach or moor any raft, or Penalty for atcollection of spars, logs, piles, timber, or lumber, to any public bridge more bridge, in the harbor of Boston, for more than ten hours, without than ten hours without permit the permission in writing of the mayor of Boston, shall be liable to a from mayor. penalty of not less than twenty-five dollars, and five dollars for every succeeding day during which such attachment or mooring shall be so continued; to be recovered by complaint before the police court of the city of Boston.

1

RESOLVE IN RELATION TO STREETS AND DRAINAGE ON THE BACK BAY.

1866, 68.

Resolved, That the commissioners on public lands be, and they Drainage of Back Bay hereby are, authorized to make such modifications of existing agree- territory. ments in relation to the drainage of the Back Bay territory, so called, Back Bay situated between the Mill-dam and Tremont street, in Boston, as may Agreements, be agreed upon by the city of Boston and all other parties to such p. 78. agreements, subject to the approval of the governor and council; and they may authorize the making of such new streets and ways, and the discontinuance of such streets and ways as have already been made or provided for, on the territory of the Boston Water-Power Company, and may connect any such streets with the streets on the commonwealth's territory, as they may deem expedient, and upon such terms and conditions as they may determine upon, subject to the approval of the governor and council; but before proceeding to act on this resolve, the commissioners shall give public notice by advertisement in two newspapers published in Boston, of the time and place at which all parties having any objections to such changes, or the laying out of such streets, may be heard.

city authorized

SECTION 1. The city of Charlestown is hereby authorized, for the Mystic pond, purpose of constructing and repairing the works authorized by "an to lower waters act for supplying the city of Charlestown with pure water," approved

1 Now municipal court.

of.

Proviso.

Governor and council may

cause removal of tide-gates.

Repeal.

on the twenty-eighth day of March, in the year eighteen hundred and sixty-one, temporarily to lower the waters of Mystic pond, by erecting temporary tide-gates across Mystic river, at such times and in such manner as may be necessary for said purpose: provided, that such tide-gates shall not be erected at any point on said river below Alewife brook, nor allowed at any time to continue longer than shall be absolutely required for the construction or repair of said works, and that said city shall be liable for all damages occasioned by its proceedings under this act, to be recovered by the party sustaining the same, in the manner provided in the act above referred to.

SECT. 2. If at any time the governor and council shall deem such temporary tide-gates across the Mystic river prejudicial to the harbor of Boston, they shall have power to order said tide-gates to be removed within forty-eight hours, and, if not so removed, the governor and council may cause the same to be removed at the expense of said city of Charlestown.

SECT. 3.

Such parts of any existing laws as are inconsistent herewith are hereby repealed.

SECT. 4.

This act shall take effect upon its passage.

[1861, 105.]

February 5, 1863.

Acts of city respecting certain highways confirmed.

Proviso.

File of plan.

1864.

CHAPTER 123.

AN ACT CONCERNING THE CITY OF CHARLESTOWN.

Be it enacted, etc.:

The action of the city of Charlestown on the twenty-ninth day of June, in the year eighteen hundred and sixty-three, in the laying out and extension of Richmond street, and the widening of Chapman street, whereby certain lands of the commonwealth have been taken for the streets aforesaid, is hereby ratified and confirmed, so far as the taking of the lands of the commonwealth is concerned: provided, that the said city shall remove and reconstruct the fences to the satisfaction of the inspectors of the state prison: and provided, further, that the city of Charlestown shall file with the secretary of the commonwealth a copy of the record and plan of the said laying out and widening.

AN ACT CONCERNING THE OVERSEERS OF THE POOR IN THE CITY OF

BOSTON.

Be it enacted, etc.:

Title established.

ers, and duties

defined.

SECTION 1. The overseers of the poor in the town of Bostou, incorporated on the twenty-fifth day of April, in the year one thousand seven hundred and seventy-two, shall be known and called by the Functions, pow name of "The Overseers of the Poor in the City of Boston," and as such shall continue to hold and possess all the property, and be entitled to all the rights and privileges, and be subject to all the duties, liabilities, and obligations, which now belong or appertain to said corporation, whether as successors to the corporation above mentioned, or as successors of the corporation or body politic incorporated by the forty-fourth chapter of the acts of the year eighteen hundred and two, by the title of "The Trustees of John Boylston's

Charitable Donations, for the Benefit and Support of aged Poor Persons, and of Orphans and Deserted Children," including the faithful administration and execution of all the trusts, bequests, legacies, endowments, and charities, confided to them, which have been heretofore, or shall hereafter be, accepted by them.

sist of twelve

persons elected

SECT. 2. The said overseers of the poor in the city of Boston Board to conshall consist of twelve persons, residents of the city, and be elected by the city council of said city of Boston, by concurrent vote, in the by city council. following manner, within sixty days next after this act shall take effect: the said city council shall elect four persons to hold office until the first Monday in April, in the year eighteen hundred and sixtyfive, and until other persons are elected in their places; four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty-six, and until others are elected in their places; and four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty-five, and until others are elected in their places; and thereafterwards, annually, on the first Monday in February, or within sixty days thereafter, four persons to hold their office for the term of three years from and after the first Monday in April next following such elections, respectively, and until other persons are elected in their places. Vacancies occurring Vacancies, how in said corporation, from any cause, may be filled by said city council, in like manner, at any time; and the person elected to fill any vacancy shall hold his office during the term for which his predecessor was elected. The city council shall also have power, at any time, for May remove for cause, to remove either of said overseers from office.

filled.

cause.

SECT. 3. The persons so first elected as overseers of the poor in Organization. the city of Boston, shall meet and organize on the first Monday of the month succeeding their election, and those thereafterwards elected shall meet for that purpose on the first Monday in April of each year. They shall choose a chairman from their own number, and a treasurer, secretary, and such subordinate officers as they may deem expedient, and shall define their duties and fix their respective salaries.

R.O. c. 28,

SECT. 4. Said overseers shall render such accounts and reports Accounts and of their expenditures, acts, and doings, as may be required by the report city council, and the same shall be audited and allowed, if according §§ 4, 5. to law, in such manner as the city council shall from time to time determine.

SECT. 5. The present members of the corporation shall hold their Present board. office until others are elected in their places, under the provisions of

this act.

in contracts for

SECT. 6. No one of said overseers, nor any individual in their Private interest employ, shall be interested in a private capacity, directly or indirectly, bidden in any contract or agreement for labor or for articles furnished by direction of said overseers, unless the same be expressly authorized by a recorded vote of the board.

SECT. 7. All acts and parts of acts inconsistent with the provisions Repeal. of this act are hereby repealed.

[1772, 3; 1802, 44; 1813, 171; 1868, 183.]

April 2, 1864.

AN ACT CONCERNING THE CONSTRUCTION OF SIDEWALKS IN THE CITY

Be it enacted, etc.:

OF CHARLESTOWN.

construct side.

SECTION 1. Whenever any public street, or any part of the same, Abutters shall in the city of Charlestown, is paved or macadamized, or covered walks in streets