the northerly side of Revere street with the harbor commissioners' line as established in the year eighteen hundred and forty-one, and extending in a straight line south-westerly for a distance of six hundred and twenty-two feet to a point forty feet distant westerly and perpendicular to the said harbor commissioners' line; thence on a concave arc of a circle of fourteen hundred feet radius southwesterly for a distance of eleven hundred and sixty-one feet to a point forty feet distant northerly and perpendicular to the harbor commissioners' line on the northerly side of the mill-dam, established May fill up flats. in the year eighteen hundred and forty; and to fill up to a proper grade the enclosed flats between the above described lines and the harbor commissioners' lines herein referred to, in order to abate and prevent a nuisance arising from the discharge and deposit of sewerage matter upon those flats now situated outside the reach of the scouring forces of the current of Charles river. And the city of Boston is hereby authorized to make any contracts with the riparian owners and any other parties as to the building of the sea-wall, the filling of said flats, and the future use thereof when filled, subject to the express condition that the flats filled under the authority hereby granted shall not be used for building purposes or for any other purpose than for ornamental grounds and a street. May contract with riparian owners. Land made use of restricted. Harbor commis. sioners to supervise work. SECT. 2. The building of the sea-wall and the filling up of said flats shall be under the general supervision of the board of harbor commissioners and subject to all the regulations and conditions provided for in the act entitled an act to establish a board of harbor commissioners. May 19, 1866. Board of alder men may lay out streets between 102 Mass. 19. Proviso shall not effect commonwealth's rights. 1867. CHAPTER 324. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO BUILD A HIGHWAY Be it enacted, etc.: SECTION 1. The board of aldermen of the city of Boston is hereby authorized to lay out a street or streets, over tide-waters, between certain wharves. Lewis, Commercial, Mercantile, City, Long, Central, India, and Rowe's wharves, or either of them: provided, that nothing in this act shall be construed as ceding or yielding any right, title, or interest, the commonwealth may have in any lands or flats which lie within said street or streets, or shall be cut off from the harbor by the same. SECT. 2. Such compensation shall be made for all displacement for displacement of tide-water, caused by anything done under this act, as the harbor commissioners shall determine, and be made in the manner required by chapter one hundred and forty-nine of the acts of the year eighteen hundred and sixty-six. Compensation of tide-water, how made. Attorney. general shall examine commonwealth's rights, and report. SECT. 3. It shall be the duty of the attorney-general to examine into the right and title of the commonwealth in all lands and flats which would lie within and be cut off from the harbor by the building of such street or streets, and report his opinion thereupon to the next legislature. June 1, 1867. 1867. CHAPTER 343. AN ACT TO AUTHORIZE THE CITY OF ROXBURY TO PROCURE A SUPPLY Be it enacted, etc.: OF WATER.' from any ty of Norfolk, pond. SECTION 1. The city of Roxbury is hereby authorized to contract May take water with either the city of Boston or the city of Charlestown for a supply sources of sup of water, and to take, by purchase or otherwise, and hold, such land, ply within counreal estate, or water rights, and erect and maintain such works and except Jamaica structures as may be necessary for the introduction of water either from said city of Boston or from said city of Charlestown, or from any pond or other sources of supply within the limits of the county of Norfolk, except Jamaica pond, and the distribution thereof in said city of Roxbury. with hydrants, use of water. SECT. 2. For the purposes of distribution, said city of Roxbury May lay pipes, may lay down pipes to any house or building in said city, the owner and regulate the or owners thereof having notice and not objecting thereto, and may make and establish public hydrants in such places as may, from time to time, be deemed proper, and prescribe the purposes for which they may be used, and may change or discontinue the same; may regulate the use of the water within and without the said city, and establish the prices of rents to be paid for the use thereof. And the said city may, for the purposes aforesaid, carry and conduct any aqueducts or other works by them to be made and constructed, over or under any water-course, or any street, turnpike road, highway or other way, in such manner as not to obstruct or impede travel thereon, or the free flow of the water therein; and may enter upon and dig up any such land, street, road, or way, as may be necessary for the purposes of laying down said aqueducts or other works, and for maintaining or repairing the same. to succeed to SECT. 18. If within three years from the passage of this act the City of Boston territory of the city of Roxbury shall be annexed to and made a part right of Roxof the city of Boston, then the city of Boston shall succeed to all the bury if annexed rights and privileges hereby granted to the city of Roxbury. SECT. 19. This act shall take effect upon its passage. within three years. June 1, 1867. 1867. CHAPTER 359. AN ACT TO UNITE THE CITIES OF BOSTON AND ROXBURY. Be it enacted, etc.: nexed to Boston ty. SECTION 1. All that territory now comprised within the limits of Roxbury anthe city of Roxbury, in the county of Norfolk, with the inhabitants and made part and estates therein, is hereby annexed to and made part of the city of Suffolk counof Boston, in the county of Suffolk, and shall hereafter constitute a part of the county of Suffolk, subject to the same municipal regulations, obligations, and liabilities, and entitled to the same immunities in all respects, as the said city of Boston: provided, however, that Proviso: for until constitutionally and legally changed, said territory shall con- shall continue as tinue to be, for the purpose of electing members of the house of rep- changed. resentatives, part of the county of Norfolk, constituting the third and fourth representative districts thereof; for the purpose of electing a senator, part of the first Norfolk senatorial district; for the purpose of electing a councillor, part of council district number three, and for 1 By annexation (St. 1867, c. 359) Boston succeeded to all the rights, duties, and privileges, of Roxbury, and the sections omitted were thereby superseded. civil clections now until Duties pertaining to elections transferred to Boston. Duties of ward officers in new wards erected. Public property of city, and municipal rights, liabilities, and functions, to vest in Boston. Treasurer of Roxbury to depapers, and property. men to hold over the purpose of electing a representative in Congress, part of congressional district number three, as the same are now constituted. All the duties now required by law to be performed by the mayor and aldermen and city clerk, of the city of Roxbury, or either of them, pertaining to the election of representatives in congress, state councillors, senators, and members of the house of representatives, shall in like manner devolve upon, and be performed by the board of aldermen and city clerk of the city of Boston. It shall be the duty of the ward officers of the several wards, that shall be erected out of said territory as hereinafter provided, to make return of all votes that may be cast therein, from time to time, for representatives in congress, state councillors, senators, members of the house of representatives, and for all other national, state, district, county, municipal, and ward officers, to the city clerk of the city of Boston. SECT. 2. All the public property of the said city of Roxbury shall be vested in and is hereby declared to be the property of the city of Boston; and said city of Boston shall succeed to all the rights, claims, causes of action, rights to uncollected taxes, liens, uses, trusts, duties, privileges, and immunities, of said city of Roxbury. The city treasurer of the city of Roxbury shall, on or before the secliver over books, ond Monday in January, in the year eighteen hundred and sixtyeight, under the direction of the mayor and aldermen of the city of Mayor and alder. Roxbury, who shall, for this purpose, and for all other purposes necfor same and for essary to carry into full effect the provisions of this act, continue to hold their offices over, transfer, deliver, pay over, and account for, to the city treasurer of the city of Boston, all books, papers, moneys, and other property in his possession as city treasurer of said city of sume liabilities. Roxbury, when this act shall take effect; and the city of Boston shall become liable for and subject to all the debts, obligations, duties, responsibilities, and liabilities, of said city of Roxbury. All actions and causes of action which may be pending, or which shall have accrued at the time this act shall take effect, in behalf of or against the city of Roxbury, shall survive and may be prosecuted to final judgment and execution, in behalf of or against the city of Boston. certain other acts. Boston shall as Pending actions and causes. Jurisdiction of courts in Suffolk and Norfolk counties. Proviso. Proviso. SECT. 3. The several courts within the county of Suffolk, after this act shall take effect, shall have the same jurisdiction over all causes of action and proceedings in civil causes, and over all matters in probate and insolvency, which shall have accrued within said territory hereby annexed, that said courts now have over like actions, proceedings and matters within the county of Suffolk: provided, however, that the several courts within the county of Norfolk shall have and retain jurisdiction of all actions, proceedings, and matters, that shall have been rightfully commenced in said courts prior to the time when this act shall take effect; and the supreme judicial court and the superior court within the county of Suffolk, after this act shall take effect, shall have the same jurisdiction of all crimes, offences, and misdemeanors, that shall have been committed within the said territory, that the supreme judicial court and superior court within the county of Norfolk now have jurisdiction of: provided, proceedings shall not have been already commenced in any of the courts within the county of Norfolk, for the prosecution of said crimes, offences, and misdemeanors; in which case the said courts within the county of Norfolk shall have and retain jurisdiction of the same for the full, complete, and final, disposition thereof. All suits, actions, proceedings, complaints, and prosecutions, and all matters of probate and insolvency, which shall be pending within said territory, before any court or justice of the peace, when this act shall take effect, shall be heard and determined as though this act had not passed. Roxbury to be southern district fined. SECT. 4. Said territory shall continue a judicial district under the Police court of jurisdiction of the police court of the city of Roxbury, which shall municipal court continue to exist, and shall hereafter be designated and known by of Boston. the name of the municipal court for the southern district of the city of Boston. Said court shall have the same civil and criminal Jurisdiction de jurisdiction in said district and the same civil jurisdiction in the county of Suffolk as the police courts, other than that of the city of Boston, have by law in their respective districts and counties. Appeals shall be allowed from all judgments of said court, in like Appeals. manner and to the same courts that appeals are now allowed from the judgments of the municipal court of the city of Boston. All Municipal duties acts and duties (if any), now incumbent upon the city council of the city of Roxbury, or either branch thereof, relating to the said court of the city of Roxbury, shall hereafter devolve upon and be performed by the city council of the city of Boston. All fines and Fines in and fees forfeitures, and all costs in criminal prosecutions in said court, and all fees and charges received in said court in civil proceedings, shall be accounted for and paid over, in the same manner as is now provided for the municipal court within the city of Boston. as to court. of court. Boston shall di wards. where to assem. designate, and now vested in SECT. 5. The city council of the city of Boston shall, as soon as City council of may be after the fifth day of November in the year eighteen hundred vide annexed and sixty-seven, divide the said territory into three wards, one of territory into which shall comprise the same territory now comprised in said fourth representative district, and the other two shall be so constituted as to contain as nearly as practicable an equal number of legal voters; and the wards thus established shall so remain until the alteration of the ward limits of said city of Boston provided by law. And the clerks Clerks of wards, of the said wards shall for the purposes mentioned in section eleven ble. of the eighth chapter of the general statutes of this commonwealth assemble at such places as are or shall be required by law. And the Aldermen to board of aldermen are hereby authorized to designate such places, have powers whenever such designation shall by law become necessary or proper, county comand said board shall succeed to all the powers and duties in reference missioners. to the same which are now vested in the county commissioners of the county of Norfolk. And each of the wards so established shall be entitled to all the municipal and ward officers which each of the other wards of said city of Boston is entitled to. And the board of Shall issue waraldermen of said city of Boston shall, in due season, issue their of officers. warrants for meetings of the legal voters of said wards respectively, to be held on the second Monday of December in the year eighteen hundred and sixty-seven, at some place within said wards respectively, which shall be designated in said warrants, there first to choose a warden, clerk, and five inspectors of elections for each of Tenure of said wards, who shall hold their offices until the first Monday of January in the year eighteen hundred and sixty-eight, and until others shall be chosen and qualified in their stead; second, to give in their ballots for the several municipal and ward officers for the year eighteen hundred and sixty-eight, for which they shall be entitled to vote by virtue of the provisions of this act. rants for election officers chosen. tee voters shall to be prepared. The voters of each said wards shall designate, by their ballots School commit. cast at said meetings, the term of service for which each of the six designate terms. school committee men, who shall be chosen in each of said wards, shall serve, so that two of the number chosen in each ward shall serve for three years, two for two years, and two for one year. The Lists of voters board of aldermen of the city of Boston shall prepare lists of all the legal voters in said wards respectively, to be used at said meetings and shall do all other things which they are now by law required to do in respect to like elections in the other wards in the city of Bos- Ward meetings, ton; and at said meetings, any legal voter of said wards respectively ro tempore. how organized, Ward officers shall be sworn. Residence of in Boston for may call the citizens to order, and preside until a warden shall have been chosen and qualified. All ward officers whose election is provided for in this section shall be qualified according to law. The citizens of the territory by this voters to be valid act annexed to the city of Boston, shall have the same right to vote election of 1867. for municipal officers, at the annual municipal election of the city of Boston, in the year eighteen hundred and sixty-seven, as they would have had if said territory had formed part of the city of Boston for more than six months next before said election. Repeal of law for election in SECT. 6. All provisions of law requiring an election of municicity of Roxbury pal and ward officers for said city of Roxbury on the second Monday of December in the year eighteen hundred and sixty-seven, for the municipal year then next ensuing are hereby repealed. in December, 1867. Aldermen and Police officers and watchmen of Roxbury to continue as of Boston. Interest of Roxbury in county property to be released. Balance of indebtedness to county, Boston to pay. SECT. 7. After the present municipal year the board of aldermen of the city of Boston shall consist of twelve members, and the common council of the city of Boston shall consist of sixty members. The number of wards of said city, including the wards to be formed out of the territory hereby annexed, shall be fifteen. SECT. 8. The several police officers and watchmen that may be in office in the city of Roxbury when this act shall take effect, shall thereafter continue in the discharge of their respective duties, in the same manner as if they were police officers and watchmen in the city of Boston, until others shall be appointed in their stead. SECT. 9. All the interest which the city of Roxbury now has in the public property of the county of Norfolk, is hereby released and acquitted to said county of Norfolk. Such proportion of the debts and obligations of the county of Norfolk, existing when this act shall take full effect, over and above the value of all the property belonging to said county as should proportionally and equitably be paid by the inhabitants and property owners of the territory by this act annexed to the city of Boston, shall be paid by said city of Supreme judicial Boston to said county of Norfolk; and the supreme judicial court equity jurisdic. shall have jurisdiction in equity to determine the amount of such proportion (if any), and enforce the payment of the same upon a suit in equity, in the name of said county, to be brought therefor within six months after this act shall go into full operation, by the county commissioners of said county of Norfolk, if they shall deem such suit for the interest of said county; but no such suit shall be instituted after said six months. court to have tion over, in case of suit. Act not to impair contracts. required to pay Nothing contained in this act shall impair the obligation of contracts; and the property and inhabitants of the territory by this act annexed to the city of Boston shall continue liable to the existing creditors of the county of Norfolk, in like manner Proviso: person as if this act had not been passed: provided, that if any person, towards present by reason of his being an inhabitant of, or owning property in, said territory, shall be compelled to pay any part of an existing debt or obligation of the county of Norfolk, the amount of such payment shall constitute a debt to him from said county as hereafter to be constituted, exclusive of said territory, and may be recovered in like manner as other debts against the county of Norfolk. debt of county may recover same. Act not to take full effect unless accepted by voters of said cities. Meetings for purpose. Polls. SECT. 10. This act shall not take full effect, unless accepted by a majority of the legal voters of each of said cities, present and voting thereon by ballot, at meetings which shall be held in the several wards of said cities, respectively, upon notice duly given, at least seven days before the time of said meeting.' Meetings for that purpose shall be held simultaneously in said city on the second Monday of September next. And the polls shall be opened at nine o'clock 1 Accepted by the voters of the two cities, Sept. 9, 1867. |