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expense.

Sale, how conducted.

paved or macad. with gravel as a substitute therefor, or when such paving or substiamized by order of city.

tute shall have been ordered by the city council of said city, the 98 Mass. 583.

owners of abutting lots of land or real estate upon such street or part of a street, shall, within thirty days after notice from the board of mayor and aldermen, so to do, construct, at their own expense, and to acceptance of the board of mayor and aldermen, å sidewalk

against their respective estates, with brick or flat-stone, supported on Upon refusal, the outer edge thereof with bammered edgestone; and if any abutter

construet, sind have shall refuse or neglect to construct such sidewalk against his lot for lien for costs. the space of thirty days after a written notice has been served upon

him, his tenant, agent, or attorney, by order of said board of mayor and aldermen, said city may construct the same, and the expense

thereof shall constitute a lien upon the abutting lot for one year after May sell lot for such expense was incurred; such expense, with incidental costs and

charges, may be levied by sale of the whole or any part of such abutting lot, if such expense, costs, and charges, be not paid within three months after a written demand for payment of the same, made by the city treasurer upon the owner of the lot, his tenant, agent, or attorney ; such sale to be conducted in like manner, and upon like

notices, as sales of real estate for the non-payment of taxes ; and Redemption of when any estate or any part of the same is so sold, the owner thereof property.

shall have the same right and the like remedies for redeeming the same, as is provided by law for the redemption of real estate sold for non-payment of taxes: provided, however, that when the owner of any abutting lot on any such street, shall, in the judgment of the mayor and aldermen, be unable to construct such sidewalk, they may cause the same to be constructed at the expense of the city: and, provided, also, that they may, in their discretion, allow the owners of vacant lots on any such street, to construct their sidewalks with plank and timber, to the acceptance of the board of mayor and aldermen, which shall be removed and the edgestone and brick, or flat-stone,

sidewalk substituted therefor, when said board shall so order. Repeal of 1859, Sect. 2. The first section of chapter one hundred and sixty-five 163, $ 1.

of the acts of the year eighteen hundred and fifty-nine, entitled " an act to regulate sidewalks in the city of Charlestown,” is hereby

repealed, but such repeal shail not affect any rights now accrued, or rights or pend. ing action. any action now pending. SECT. 3. This act shall take effect upon its passage.

April 20, 1864. [1824, 16.]

Proviso.

Proviso.

No: to affect

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AN ACT IN ADDITION TO “AN ACT FOR SUPPLYING THE CITY OF

CHARLESTOWN WITIL PIE WATER.” Be it enacted, etc. : City may issue SECTION 1. The city council of the city of Charlestown is hereby titional water bonds.

authorized to issue water bonds of the city of Charlestown to an amount not exceeding two hundred thousand dollars, in addition to the amount now authorized by the eleventh section of chapter one

hundred and five of the acts of the year eighteen hundred and sixtyIppropriation one. The bonds hereby authorized shall be issued and the proceeds of proceeds.

thereof appropriated, in accordance with, and subject to, the provi-
sions and conditions of said eleventh section.
SECT. 2. This act shall take effect upon its passage.

April 25, 1864. [1861, 105.]

1864. - CHAPTER 225.

AN

ACT

AUTHORIZING

ASYLUM

to establish.

THE ESTABLISHMENT OF THE BOSTON

FOR INEBRIATES. Be it enacted, etc. :

The city of Boston is hereby authorized to establish and maintain City of Boston at Deer Island, or elsewhere within the limits of said city, to be under the charge of the board of directors for public institutions, an asylum Supervision. to be called the Boston Asylum for Inebriates, to which persons requiring the benefits of such an institution may be admitted as boarders, upon such terms and conditions as the said board of Terms of addirectors may determine, subject to the approval of the city council mission. of Boston..

May 11, 1864.

1864. - CHAPTER 271.

and dig up

lands.

AN ACT IN FURTHER ADDITION TO " AN ACT FOR SUPPLYING THE CITY

OF BOSTON WITH PURE WATER. Be it enacted, etc. :

Section 1. The city of Boston shall have the right to maintain City may mainits water pipes, as the same are now laid, in the mill-dam and other lain pipes on lands of the commonwealth in and near said city, subject to the pro- vther lands. visions of this act: provided, that any person, whose property is in- Proviso. jured thereby, shall have his damages ascertained and paid in the manner provided in the several acts to which this is in addition : and provided, further, that if, at any time hereafter, the legislature shall Proviso. order a draw to be made through the said mill-dam, or other lands on the line of said pipes, for the purposes of navigation, the city of Boston shall so adapt its said pipes, at the locality of the draw, as not to interfere with a free passage of boats and vessels through such draw.

Sect. 2. Said city may enter upon and dig up the ground in said City may entor mill-dam and other lands, when necessary for the purpose of repairing or replacing said pipes : provided, however, that said mill-dam and Proviso. lands shall be restored by said city to as good order and condition as the same are in before such digging is commenced; and that the work shall be done in such manner, and with such care, as not to render any road, street, or way, in which said pipes are laid, unsafe or unnecessarily inconvenient to the public travel thereon.

Sect. 3. The city of Boston shall at all times save harmless and Indemnity to indemnify the commonwealth, and any city or town which may be- and towns from come liable to keep in repair any ro:d, street, or way, aforesaid, damages susagainst all damages which may be recovered against them respectively, fects in highand shall reimburse to them respectively all expenses which they Way's. shall reasonably incur by reason of any defect or want of repair in such road, street, or way, caused by the maintenance, repairing or replacing of said pipes, or by reason of any injury to persons or property caused by any defect or want of repair in said pipes : pro- Proviso. vided, that said city shall have due and seasonable notice of all claims for such damages or injury, and opportunity to make a legal defence thereto. SECT. 4. This act shall take effect its passage.

May 13, 1864. [1846, 167 ; 1849, 187; 1865, 131.]

upon

1864. - CHAPTER 315.

AN ACT FOR THE PROTECTION OF THE OUTER HARBOR OF THE CITY OF

BOSTON.
Be it enacted, etc. :
City may raise

SECTION 1. $150,000 for sea

The city of Boston is hereby authorized to raise, by walls and works taxation or otherwise, a sum not exceeding one hundred and fifty 0:1 islands.

thousand dollars, and to expend the same in the construction of seawalls and other necessary works on Great Brewster island, Gallop's island, and Deer island, in Boston harbor, in order to protect said islands against the action of the sea, and prevent further injury to

said harbor by the washing thereinto of the earth from said islands. Plan approved. The plans for the construction of said works shall be submitted to, and

approved by, the governor and council, before the same are commenced.

SECT. 2. The amount expended by said city in accordance with pended, how re.

the provisions of this act shall be reimbursed to it from the first net city.

proceeds or receipts from sales of the fats belonging to the commonwealth in said harbor, not already appropriated for specific purposes. Sect. 3. This act shall take effect upon its passage.

May 14, 1864.

council.

Inout ex

imbursed to

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AN ACT TO AUTHORIZE THE CITY OF BOSTON TO BUILD AN ADDITIONAL

RESERVOIR.

struction.

tain lands in

lino.

Proviyo.

Be it enacted, etc.; City council

SECTION 1. The city of Boston is hereby authorized, by and may direct con

through the agency of the Cochituate water board therein, or by and through any other agency which shall be established therefor by the

city council of said city, to construct and maintain an additional May take cer reservoir for receiving, holding, and distributing, water; and for this Newton, Brigh purpose, may take and hold, by purchase or otherwise, any lands or ton, and Brook- real estate, not exceeding two hundred acres, in the towns of Newton,

Brighton, and Brookline, and lying between the Air Line railroad, the present line of the said city's aqueduct and Beacon street on the south, Rockland and Brigbton streets on the east, South street on the north, and a street leading from said South street to said Beacon street on the west : provided, however, that no part of the tract of land comprising the Evergreen cemetery, in the town of Brighton,

shall be so taken and held, otherwise than by purchase. May lay pipes Sect. 2. The city of Boston may also, by and through the same pipes in Brooke agency, lay and maintain one or more suitable lines of pipes from the

said reservoir to a convenient point in its line of pipes leading from May secure its reservoir in said Brookline to said city ; and may take and hold,

by purchase or otherwise, such lands or real estate as may be necesMay cross sary therefor; and may carry and conduct the said pipes over or

under any water-course, or any street, turnpike-road, railroad, highway or other way, in such manner as not to obstruct or impede travel thereon ; and may enter upon and dig up such road, street, or way, for the purpose of laying the said pipes and for maintaining and re

pairing the same. City to be re Sect. 3. The city of Boston shall at all times save harmless sponsible for damages by rea- and indemnify any city or town which may become liable to keep in

repair any road, street, or way, aforesaid, against all damages which may be recovered against them, respectively, and shall reimburse to them, respectively, all expenses which they shall reasonably incur by

from reservoir to

line.

lands.

Winter-course or way.

son of defect caused in ways.

reason of any defect or want of repair in such road, street, or way,
caused by the maintenance, repairing, or replacing, of said pipes, or
by reason of any injury to persons or property caused by any defect
or want of repair in said pipes : provided, that said city shall have Proviso.
due and reasonable notice of all claims for such damages or injury,
and opportunity to make a legal defence thereto.

SECT. 4. 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 taking vate property. of any land or real estate as aforesaid, or by any of its doings under this act; and in regard to such taking, and the ascertainment and Rights and payment of all such damages, the city of Boston, and all persons zens and city to claiming damages, shall have all the rights, immunities, and remedies, be subject to

by provisions of and be subject to all the duties, liabilities, and obligations, which are existing acts. provided in the one hundred and sixty-seventh chapter of the acts of the year one thousand eight hundred and forty-six, the one hundred and eighty-seventh chapter of the acts of the year one tliousand eight hundred and forty-nine, and the three hundred and sixteenth chapter of the acts of the year one thousand eight bundred and fifty.

Sect. 5. For the purpose of defraying all the costs and expenses City councilmay of such lands or real estate as shall be taken, purchased, or held, for tificates to de the purposes mentioned in this act, and of constructing said reser- fray expendivoir, laying said pipes, and doing all other things incident thereto, the said city council shall have authority to issue, from time to time, notes, scrip, or certificates of debt, to such an amount as may be necessary, and in such form, on such length of time, and bearing such rate of interest, not exceeding six per cent. per annum, as they shall deem expedient. SECT. 6. This act sball take effect upon its passage.

April 4, 1865. [1846, 117; 1849, 187; 1850, 316; 1864, 271.]

tures.

1865. ~ CHAPTER 135.

AN ACT IN ADDITION TO “AN ACT FOR SUPPLYING THE CITY OF

CHARLESTOWN WITH PURE WATER.” Be it enacted, etc. :

SECTION 1. The city council of the city of Charlestown is hereby City council authorized to issue water bonds of the city of Charlestown to an tional water amount not exceeding two hundred and fifty thousand dollars, in bonds. addition to the amount now authorized by the eleventh section of chapter one hundred and five of the acts of the year eighteen hundred and sixty-one, and by chapter one hundred and seventy-six of the acts of the year eighteen hundred and sixty-four. The bonds Conditions. hereby authorized may be issued and the proceeds thereof appropriated in accordance with and subject to the provisions and conditions of said eleventh section, except so far as the same are changed or modified by this act.

Secr. 2. The water bonds of the city of Charlestown which may May be redeem. hereafter be issued by virtue of this act, or of any previous act or fifty years. acts, may be redeemable at a period of time not less than one nor more than fifty years from and after the issue of such bonds, respectively. And the city council of said city, may, for the purpose of May issue bonds meeting the payments of any of said water bonds, or of the interest bonds or inter: which may accrue upon any of said bonds, make such further issue est. of water bonds as may be necessary therefor: provided, that the Proviso : limita.

tion.

issue of bonds under this act shall not exceed two hundred and fifty
thousand dollars.
SECT. 3. This act shall take effect upon its passage.

April 8, 1865. [1861, 105; 1864, 176.]

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AN ACT TO AUTHORIZE THE CITY OF CHELSEA TO PURCHASE A SUPPLY

OF WATER FROM THE CITY OF CHARLESTOWN, AND TO ISSUE SCRIP IN
PAYMENT THEREFOR.

under act of '61 and maintain works.

able in one to

nor

Be it enacted, etc. : May purchase Section 1. The city of Chelsea is hereby authorized to purchase

a supply of water from the city of Charlestown, agreeably to the provisions of section fifteen of chapter one hundred and five of the acts of the year eighteen hundred and sixty-one, and may erect and maintain such works and structures as may be requisite and necessary for the introduction of water from said city of Charlestown to

the said city of Chelsea, and the distribution thereof in said City council city of Chelsea ; and for the purpose of defraying the costs and may issue water bonds redeem- expenses of such introduction and distribution, the city council

of Chelsea shall have authority to issue from time to time, scrip, fifty years.

notes, or certificates of debt, to be denominated water bonds of the city of Chelsea, to an amount not exceeding two hundred thousand dollars, bearing interest not exceeding six per centum per annum, which shall be redeemable at a period of time not less than one

more than fifty years from and after the issue of said May sell at pub- scrip, notes, or certificates, respectively; and the said city council lic or private

may sell the same, or any part thereof, from time to time, at

public or private sale, for the purpose aforesaid, on such terms and May make fur- conditions as the said city council shall judge proper; and the said payment of scrip city council may, for the purpose of meeting payments of such interest

as may accrue upon any certificate of debt, make such further issue of scrip, notes, or certificates of debt, as may be necessary therefor: provided, that the whole issue of scrip, notes, or certificates of debt,

under this act shall not exceed two hundred thousand dollars. Construction SECT. 2. The work of laying pipes and any other structures directed by com.

necessary to carry water from said city of Charlestown across Chelsea

bridge to said city of Chelsea, shall be under the direction of the flats.

commissioners on harbors and flats of the commonwealth.
SECT. 3. This act shall take effect upon its passage.

April 11, 1865. [1861, 105.]

sale.

or interest.

Proviso.

over river to be

missioners on harbors and

1865.- CHAPTER 159.

Mayor and aldermen may lay out street.

AN ACT TO AUTHORIZE THE LAYING OUT AND WIDENING OF A STREET

FROM MILK STREET TO BROAD STREET, IN THE CITY OF BOSTON. Be it enacted, etc. :

SECTION 1. The mayor and aldermen of the city of Boston are hereby authorized to widen and lay out, as a street, the line of street extending from Milk street to Broad street, in the said city, nearly parallel with Pearl street, and now known by the names of Oliver street, Washington square, and Belmont street, to take sufficient land for the same, to grade the same, and to assess the cost of such widening and grading, including damages for land and buildings

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