in the forenoon of said day, and shall be closed at six o'clock in the afternoon. may be chosen. warned. In case of the absence of any ward officer, at any ward meeting, Ward officers held in either city for the purpose aforesaid, a like officer may be pro tempore chosen pro tempore, by hand vote, and shall be duly qualified and shall have all the powers and be subject to all the duties of the regular officer, at said meetings. Said ballots shall be "Yes" or "No" Ballots. in answer to the question, "Shall an act passed by the legislature of the commonwealth in the year eighteen hundred and sixty-seven, entitled an act to unite the cities of Boston and Roxbury,' be accepted?" Such meeting shall be called, notified, and warned, by the Meetings respecmayor and aldermen of the city of Roxbury, and the board of alder- wly, how men of the city of Boston, respectively, in the same manner in which meetings for the election of municipal officers in said cities, respectively, are called, notified, and warned. The ballots given in shall be Voting to be assorted, counted, and declared, in the wards in which they are given, in open ward meeting, and shall also be registered in the ward records. The clerk of each ward in the city of Boston shall make Clerks of wards return of all ballots given in, in his ward, and the number of ballots votes in Boston in favor of the acceptance of this act, and the number of ballots to aldermen aud against said acceptance, to the board of aldermen of the city of mayor and alderBoston, and like returns by the clerks of the several wards in the city of Roxbury shall be made to the mayor and aldermen of the city of Roxbury. All of said returns shall be made within forty-eight hours Time. of the close of the polls. made of record. shall return in Roxbury to men. shall certify to It shall be the duty of the board of aldermen of the city of Boston, Said boards and of the mayor and aldermen of the city of Roxbury, respectively, secretary of to certify and return as soon as may be the ballots cast in their re- commonwealth. spective cities, and the number of ballots in favor of the acceptance of this act and the number of ballots against said acceptance, in their respective cities, to the secretary of the commonwealth. And if it Act being acshall appear that a majority of the votes in each of said cities is in fary so to certify favor of the acceptance of this act, the said secretary shall immedi- and publish. ately issue and publish his certificate declaring this act to have been duly accepted. cepted, secre mitted to voters SECT. 11. So much of this act as authorizes and directs the sub- Act may be submission of the question of acceptance of this act to the legal voters upon passage. of said cities, respectively, provided for in the tenth section of this act, shall take effect upon its passage. voters, when to SECT. 12. If this act shall be accepted as herein provided, it shall If accepted by take effect on the fifth day of November, in the year eighteen hun- be in force. dred and sixty-seven, so far as to authorize, legalize, and carry into effect, the acts and provisions of the fifth, sixth, and seventh sections of this act; but for all other purposes (except as mentioned in section eleven of this act), it shall take effect on the first Monday of January, in the year eighteen hundred and sixty-eight. case supreme void. SECT. 13. If any election or balloting upon the question of the Proceeding in acceptance of this act, by either of said cities, shall within two judicial court months thereafter be declared void by the supreme judicial court, declare balloting upon summary proceedings, which may be had in any county on the petition of fifty voters of either city, the question of accepting said act shall be again submitted to the legal voters of said city, and meetings therefor shall within thirty days thereafter be called, held, and conducted, and the votes returned and other proceedings had thereon, in like manner as herein before provided. But no election or balloting shall be held void for informality, in calling, holding, or conducting, the election, or returning the votes, or otherwise, except upon proceedings instituted therefor and determined within sixty days thereafter, as aforesaid. June 1, 1867. 1868. AN ACT RELATING TO A PUBLIC CHAPTER 68. CEMETERY IN THE TOWN OF DOR CHESTER. Commissioners of cemetery. Board, how elected and organized. Vacancies, how filled. Portion of cemetery to be set burial. Commissioners Be it enacted, etc.: SECTION 1. The town of Dorchester is hereby authorized to elect by ballot, at a town meeting duly called, a board of five commissioners, who shall have the sole care, superintendence, and management, of the cemetery situated in said town, between Adams street and Neponset river, one member of which board shall be elected for the term of five years, one for four years, one for three years, one for two years, and one for one year; said terms to expire with the end of the municipal or official year. Said board may be organized by the choice of a chairman and clerk from their number, and a major part of the board shall be a quorum for the exercise of the powers of said office. In case of a vacancy occurring in the board, by death, non-acceptance, disability, resignation, or removal, during any municipal or official year, the remaining members shall notify the board of selectmen of Dorchester, in writing, thereof, and of the time and place appointed for a meeting of the two boards for the purpose of filling such vacancy, at least two weeks before the time appointed for said meeting; and, in pursuance of such notice, said two boards shall proceed to fill such vacancy until the end of the then current or official year, by electing, upon joint ballot, a suitable person thereto; and at each successive annual election of town officers after the year one thousand eight hundred and sixty-eight, said town shall elect by ballot, a suitable person or persons to serve on said board for the remainder of any unexpired term or terms, and for such full term of five years as shall expire before the next annual election. SECT. 2. Said board of commissioners shall set apart a portion of apart for public said cemetery, as a public burial place for the use of the inhabitants of the town of Dorchester, free of charge therefor; and they may lay out said cemetery in suitable lots or other subdivisions, with may make rules necessary paths and avenues; may plant, embellish, and ornament, and regulations. the same; may enclose and divide the same with proper fences, and erect such suitable edifices, appendages, and conveniences, as they shall, from time to time, deem convenient; and may make all such by-laws, rules, and regulations, in the execution of their trust, not inconsistent with the laws of the commonwealth, as they may deem expedient. May convey, by deed, rights of burial and of etc. SECT. 3. Said board of commissioners shall have authority to grant and convey to any person, by deed executed in such manner erecting tombs, and form as they may prescribe, the sole and exclusive right of burial, and of erecting tombs, cenotaphs and other monuments, upon such terms and conditions as they shall by rules and regulations prescribe. Proceeds of sales to be used for cemetery. SECT. 4. The proceeds of sales of lots or rights of burial in said improvement of cemetery shall be paid into the town treasury of Dorchester, to be kept separate from its other funds, and be devoted to the improvement and embellishment of the cemetery as aforesaid, subject to the order of the board of commissioners. Commissioners may hold in for embellish SECT. 5. Said commissioners are authorized to take and hold any trust property appropriation, grant, donation, or bequest, upon trust, to apply the same, or the income thereof, for the improvement or embellishment of said cemetery, or for the erection, repair, preservation, or renewal, of any monument, fence, or other erection therein, or for the care, improvement, or embellishment, of any lot, or its appurtenances, in ment of cemetery. any manner or form consistent with the purposes for which said cemetery is established, according to the terms of such appropriation, grant, donation, or bequest; and may by an agreement or obligation, bind themselves and their successors so to apply the same. etc., how to be SECT. 6. Any sums of money so received by said commissioners, Trust funds, shall be invested by the town treasurer of Dorchester, under the invested and apdirection of said commissioners, and all the same, and all property propriated. so received, shall ever be kept separate from any other moneys or property belonging to said town, and the income of the same shall be received by its treasurer, be subject to the order of said commissioners, and be appropriated by them in such manner as shall, in their opinion, best promote the purposes for which such appropriation, grant, donation, or bequest, is made; and the town shall be responsible for the good faith of its treasurer and of said commissioners. debtedness. to make annual SECT. 7. Said commissioners shall not incur debts or liabilities Limitation of infor purposes other than as aforesaid, nor to an amount exceeding the amount of the funds subject to their order as aforesaid; and they Commissioners shall annually, in the month of February,' make and render a re- report. port in writing of all their acts and doings, of the condition of said cemetery, an account of their receipts and expenditures for the same, and of the funds subject to their order. to be exempt SECT. 8. The lands purchased and set apart, and the lands which Cemetery lands may be hereafter purchased and set apart, by the town of Dorchester, from taxes. for the purpose of said cemetery, shall be exempt from all public taxes so long as the same shall be dedicated for such purpose. SECT. 9. This act shall be void unless accepted by vote of said Act void unless 2 accepted by town, at a meeting duly called, within four months from its passage. town. SECT. 10. This act shall take effect upon its passage. SECTION 1. Jarvis Williams, Adams Ayer, and Amos B. Merrill, Albany Street Railway Co. in their associates and successors, are hereby made a corporation by Boston. the name of the Albany Street Freight Railway Company; with all the privileges, and subject to all the duties, restrictions, and liabilities,. set forth in all general laws which now are or may hereafter be in force relating to street railway corporations, so far as they may be applicable. under direction SECT. 2. Said corporation, in such manner as may be prescribed Tracks to be laid and directed by the board of aldermen of the city of Boston, may of aldermen. construct, maintain, and use, a street railway with suitable turnouts and with such tracks and branch tracks as the board of aldermen may from time to time permit; the rails for said tracks to be of such pattern as the board of aldermen may prescribe, and to be also suitable for railway street cars in common use; commencing at the city stables on Albany street in Boston; thence through Albany and From Albany Lehigh streets to a connection with the tracks of the Boston and with the Boston Albany railroad; and may also continue their tracks on Lehigh and and Albany railSouth streets to a connection with the tracks of the Old Colony and Colony and 1 By St. 1874, c. 89, changed to May. street to connect road and Old Newport rail road. Newport railway; and said corporation may also extend their tracks from the city stables southward upon Albany street to such distance as the board of aldermen may from time to time permit; but said corporation shall have no power to connect with or run over the tracks of any street railway company other than the Marginal Freight Railway Company. SECT. 3. Said railway shall be used by said corporation for the transportation of freight only, and the cars thereon shall be drawn by horse-power only, unless the use of other motive power shall be sanctioned by said board of aldermen; and said corporation shall have power to fix such tolls for the transportation of freight as they may from time to time deem expedient: provided, that such tolls shall only be sufficient to pay the expenses of said corporation and to pay a dividend of five per cent., semi-annually upon the capital stock of said corporation and to pay a dividend of five per cent., semi-annually, upon the capital stock of said corporation. SECT. 4. Said corporation, to carry into effect the purposes of this act, may unite with any railway corporation on such terms as may be mutually agreed, and for this purpose shall be entitled to all the rights and privileges, and shall be subject to all the duties, liabilities, and restrictions, set forth in the sixty-third chapter of the general statutes, and the laws supplemental thereto, so far as the same may be applicable. SECT. 5. Said corporation shall keep in repair, to the satisfaction of the superintendent of streets of the city of Boston, all the paving between their rails and three feet outside thereof on each side, and the board of aldermen of the city of Boston shall have full power to regulate the time and manner of running cars on said railway. SECT. 6. The capital stock of said corporation shall not exceed three hundred thousand dollars. SECT. 7. This act shall take effect as soon as it shall be accepted by the board of aldermen of the city of Boston.' $300,000 additional personal estate. 1802, 44. Trustees of John Boylston's donations may hold $100,000 additional personal estate. AN ACT IN RELATION TO THE OVERSEERS OF THE POOR OF THE CITY Be it enacted, etc. : The Overseers of the Poor in the city of Boston, a corporation duly established by law, are hereby authorized to hold personal estate not exceeding the amount of three hundred thousand dollars, in addition to the amount authorized by an act passed on the twenty-fifth day of April, in the year seventeen hundred and seventy-two, entitled "an act for incorporating the Overseers of the Poor in the town of Boston;" and the Overseers of the Poor in the city of Boston, acting by virtue of the sixth chapter of the acts of the year eighteen hundred and three, entitled "an act to incorporate Oliver Wendell and others, together with the Overseers of the Poor of the town of Boston for the time being, by the name and 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," " are further authorized to hold personal estate not exceeding the value of one hundred thousand dollars, in addition to the amount authorized by said last named act. May 8, 1868. [1772, 3; 1802, 44; 1864, 128.] 1 Accepted by board of aldermen, April 27, 1868. AN ACT RELATIVE TO THE BLASTING OF ROCKS IN THE CITY OF BOSTON. Be it enacted, etc.: etc., prohibited out license from SECTION 1. No person shall blast any rock or other substance Blasting rocks, with gunpowder or other material, within one hundred yards of any in Boston, withpublic place or highway in the city of Boston, without license from aldermen. the board of aldermen or some person designated by them in writing, specifying the terms and conditions on which such license is granted: provided, however, that the remedy of any person injured by the Remedy of perblasting of rocks shall not be affected by this act, nor shall it be considered as applying to the surveyors of highways in the discharge of their official duties. sons injured, etc. SECT. 2. Any person who shall, either by himself, his servant or Penalty. agent, or by any person in his employ, violate any of the terms or conditions upon which the license as aforesaid shall be granted, shall forfeit and pay, for each and every offence, a sum not less than ten nor more than fifty dollars. SECT. 3. This act shall take effect upon its passage. AN ACT TO AUTHORIZE THE CITY OF BOSTON AND THE TOWN OF WEST Be it enacted, etc.: brook. water, alter purchase land. SECTION 1. The city of Boston and the town of West Roxbury, Boston and West Roxbury may for the purpose of sewerage, may remove obstructions in or over remove obstrucStony brook and the tributaries thereof, so far as the said brook and tions from Stony tributaries flow within the limits of said city and town respectively; may divert the water and alter the course and deepen the channel May divert the thereof; and, the more effectually to make the said improvements, channel, etc. may take or purchase land not exceeding four rods in width, on May take or either side of the present channel of said brook and of its tributaries, or of any channel into which said waters may be diverted, within the limits of said city and town respectively. Said city or town, as the case may be, shall, within sixty days from the time they shall take any of said lands, file in the office of the registry of deeds for the To file descripcounty in which said lands are situate, a description of the land so taken. taken, as certain as is required in a common conveyance of land, and a statement that the same are taken pursuant to the provisions of this act; which said statement shall be signed by the mayor of Statement to be said city or the selectmen of said town, as the case may be, and the or selectmeu. title to all land so taken shall vest in said city or said town, as the case may be. tion of lands 120 Mass. 596. signed by mayor for damages. SECT. 2. Any person injured in his property by any of the acts Compensation done by said city or town under the first section of this act, shall, upon application to the mayor and aldermen of said city, or the selectmen of said town, according as said property is situate in said city or town, have compensation therefor, the amount thereof to be determined by said mayor and aldermen, or said selectmen. And said mayor and aldermen, or said selectmen, as the case may be, shall finally adjudicate upon the question of damages, within thirty days after the filing of said application, unless the parties agree in writing to extend the time. In case damages are awarded, payment shall be made forthwith by said city or town, as the case may be. |