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the northerly side of Revere street with the barbor 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 May contract with riparian

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.

SECT. 2. The building of the sea-wall and the filling up of said visc work. 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.

owners.
Land inade uso
of restricted.

Ilarbor commis. siopers to super

1867. - CHAPTER 324.

AN ACT TO

A HIGHWAY

AUTHORIZE THE CITY OF BOSTON TO BUILD

OVER CERTAIN TIDE-WATERS.

102 Mass. 19.

not effect com

Be it enacted, etc. : Board of alder SECTION 1. The board of aldermen of the city of Boston is hereby more mg alaycent authorized to lay out a street or streets, over tide-waters, between certain wharves. Lewis, Commercial, Mercantile, City, Long, Central, India, and Proviso: shall

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, monwealth's rights.

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. Compensation

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. Attorney.

Sect. 3. It shall be the duty of the attorney-general to examine general shall

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 rights, and report.

of such street or streets, and report his opinion thereupon to the next legislature.

June 1, 1867.

ot tide-water, how made.

examine commonwealth's

1867. - CHAPTER 343.

from any

AN ACT TO AUTHORIZE THE CITY OF ROXBURY TO PROCURE A SUPPLY

OF WATER.' Be it enacted, etc. :

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 coun real estate, or water rights, and erect and maintain such works and except Jamaica structures as may be necessary for the introduction of water either

pond. 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.

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.

use of water.

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 Rox. of 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.

June 1, 1867.

years.

1867. - CHAPTER 359.

AN ACT TO UNITE THE CITIES OF BOSTON AND ROXBURY.

of Suffolk coun. ty.

Be it enacted, etc. :

SECTION 1. All that territory now comprised within the limits of Roxbury an. the 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 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 bouse 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 ann exation (St. 1867, c. 359) Boston succeeded to all the rights, duties, and privileges, of Roxbury, and the sections omitted were thereby superseded.

now until

ing to elections transferred to Bostou.

Duties of ward officers in new

of city, and mu

in Boston.

Treasurer of

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papers, and

property.

certain other acts.

Boston shall as. sume liabilities.

the purpose of electing a representative in Congress, part of congres

sional district number three, as the same are now constituted.
Dutics pertain. 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 wards erected. 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.
Public property SECT. 2. All the public property of the said city of Roxbury shall
nicipal rights, be vested in and is hereby declared to be the property of the city of
liabilities, and
functions, to vest 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 sixty

eight, under the direction of the mayor and aldermen of the city of Mayorand alder. Roxbury, who shall, for this purpose, and for all other purposes necmen to hold.co per 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
Roxbury, when this act shall take effect; and the city of Boston shall

become liable for and subject to all the debts, obligations, duties, rePending actions

sponsibilities, 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.

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 terri-
tory hereby annexed, that said courts now have over like actions,
proceedings and matters within the county of Suffolk : proviiled, how-
ever, 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 urisdiction of all crimes, offences, and
misdemeanors, that shall have been committed within the said terri-
tory, 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, proceed-
ings, 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.

and causes.

1

Jurisdiction of courts in Suffolk and Norfolk counties.

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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 do. 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.

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 writory 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

designate, and board of alderinen 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 war. aldermen 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.

The voters of each said wards shall designate, by their ballots School commitcast at said meetings, the term of service for which each of the six designato 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

to be prepared. 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- Vard meetings, ton; and at said meetings, any legal voter of said wards respectively i ro tempore.

rants for election

officers chosen.

Ward officers shall be sworn. Residence of voters to be valid in Boston for

for election in

1807.

councilmen of Boston, num.

1967. Wards.

Police officers and watchmen

continue as of Boston.

Interest of Rox.

released. Balance of indebtedness to county, Boston to pay

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

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 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 in December,

of December in the year eighteen hundred and sixty-seven, for the

municipal year then next ensuing are hereby repealed. Aldermen and

SECT. 7. After the present municipal year the board of aldermen

of the city of Boston shall consist of twelve members, and the bers of, after

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 of Roxbury to 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 bury in county property to be 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 anil property owners of the territory by this

act annexed to the city of Boston, shall be paid by said city of Bupremejudicial 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. Act not to impair 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, debt of county 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.

Sect. 10. This act shall not take full effect, unless accepted by a accepted by majority of the legal voters of each of sail cities, present and voting

thereon by ballot, at meetings which shall be held in the several cities.

wards of said cities, respectively, upon notice duly given, at least Meetings for seven days before the time of said meeting.' Meetings for that pur

pose shall be held simultaneously in said city on the second Monday of September next. And the polls shall be opened at nine o'clock

tion over, in • case of suit.

contructs.

may recover bane.

Act not to take full effect unless

voters of said

purpose.

Polls.

1 Accepted by the voters of the two cities, Sept. 9, 1867.

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