built in five years.

SECT. 2. The authority hereby granted to said city may be re- Bridge to be voked at any time; and if said city shall neglect for the space of five years to build and finish said bridge, then this act shall be void. SECT. 3. This act shall take effect upon its passage.

[1869, 447; 1874, 114.]

March 17, 1869.

1869. CHAPTER 94.

AN ACT TO AUTHORIZE THE CITY OF BOSTON TO CONSTRUCT DRAINS
ON FORT HILL, AND FOR OTHER PURPOSES.

Be it enacted, etc.:

struct sewers

Fort Hill terri

SECTION 1. The city of Boston is hereby authorized to construct City may conand maintain such new drains or sewers for the efficient and proper for drainage of drainage of Fort Hill territory, so called, in the city of Boston, over tory. any lots of land of said territory as the board of aldermen may deem necessary, and shall allow compensation for any damages occasioned Damages. thereby, in the same manner as is now provided by law in relation to the construction of common sewers.

reduce the grade

SECT. 2. The board of aldermen of the city of Boston may reduce Aldermen may the grade of estates that require excavation upon Fort Hill, to the of estates on level which has been or may hereafter be determined upon for the Fort Hill. improvement of said territory; and for such purpose may cause the May remove buildings. removal of buildings, whether abutting on streets or otherwise, in the same manner and with the same provision for damages as is now provided in relation to buildings upon lands taken for streets. SECT. 3. This act shall take effect upon its passage.

March 20, 1869.

1869. CHAPTER 155.

AN ACT TO AUTHORIZE THE PURCHASE OF THE PROPERTY OF THE EAST
BOSTON FERRY COMPANY, AND TO REPEAL THE ACT TO INCORPORATE
THE MAVERICK BRIDGE COMPANY, AND FOR OTHER PURPOSES.

Be it enacted, etc.:

East Boston

SECTION 1. The city council of the city of Boston, for the purpose City of Boston of improving private property, and of protecting the same and the franchise and travel and business between the mainland in said city and East Bos- property of ton from the disabilities and burdens of the ferry communications Ferry Comheretofore existing between said parts of the city, and of furnishing pany. additional facilities to said travel and business, are hereby authorized to purchase the boats and so much of the other property, including the franchise, of the East Boston Ferry Company,' as they shall think expedient, at such price as may be agreed upon between them and the said ferry company, with the approval of the mayor of said city, and to ordain and establish the present or such other lines of ferry May establish travel as they may see fit between the said parts of said city, and to rates of fercause the said ferry to be maintained thereon in such manner and upon such rates of ferriage as the board of aldermen of said city shall from time to time judge the best interests of the said city to require, excepting only as hereinafter provided.

riage.

tolls.

SECT. 2. Upon the completion of said purchase, the said city May maintain council shall consider and determine whether the interests of said ferry free of city will be best promoted by maintaining said ferry thereafter free of tolls, and in case they shall decide the same in the affirmative, then

1 Incorporated by St. 1852, c. 244.

Aldermen to determine what portion of cost shall be borne

by owners of real estate in East Boston.

Parties aggrieved may apply for jury.

in case of laying out highways. Proviso.

Proviso.

the said city shall maintain and operate, or cause to be maintained and operated, the said ferry thereafter free of all tolls, and with facilities for travel not less than those now furnished by said company, or those which now are, or hereafter may be, by law required.

And in such case the said board of aldermen shall adjudge and determine whether the territory of that part of the said city called East Boston and Breed's Island, or any and what part thereof, will receive any benefit and advantage therefrom beyond that general advantage which will be received therefrom by other portions of said city, and what portion of the cost of such purchase shall be borne by the city, and what portion by the owners of real estate in said East Boston and Breed's Island, or the portion thereof so adjudged to be benefited, by reason of said benefit. A notice of such determination shall be published for two weeks successively in some one newspaper published in said city.

SECT. 3. Any person aggrieved by the determination of said board, either as to the benefit received or as to the division of the expense between the city and the owners of real estate as aforesaid, may at any time within two months after the first publication of the notice Proceedings as aforesaid, apply for a jury. Such application shall be made in like manner, and the proceedings thereon shall be the same as in the case of laying out and discontinuing highways in the said city: provided, that before making his application the party shall give one month's notice in writing to said board of aldermen of his intention so to apply, and shall therein particularly specify his objections to the determination of said board as to the benefit received, and the proposed division of expense, to which specification he shall be confined upon the hearing before the jury; and provided, also, that if the superior court within and for the county of Suffolk shall not be in session at any term thereof at the time of such application, the filing of his petition in the office of the clerk of said court shall be deemed an application for the purposes of this act. If, upon the hearing, the objections to said determination are not sustained, the charges arising on such application shall be paid by the applicant or person recognizing therefor, otherwise they shall be paid by the city, and the board of aldermen may, if necessary, determine anew the benefit and division of expense aforesaid, or either of them, and may make such abatements as they may judge expedient. Any person who neglects to make application for a jury as herein provided, shall be concluded in all respects under this act by said determination of said board of aldermen, and shall not be entitled by any process, either at law or in equity, to prevent the said assessment or to recover the amount of any assessment collected of him.

If jury is not applied for, de

termination of aldermen to be

final.

Decision of al

dermen to be

certified to as

sessments to be

made upon estates benefited.

SECT. 4. After two months from the final determination of said board of aldermen as to the division of the expense of such purchase Bessors, and as- and the territory benefited thereby as aforesaid, the said board of aldermen shall cause to be certified to the assessors of said city the portion of the cost of said purchase which is to be borne by the owners of real estate within said territory to be benefited, which shall be by said assessors equitably and ratably assessed upon the said owners of real estate in said district adjudged to be benefited, and shall constitute a lien upon said real estate, and shall be collected and enforced with like charges for costs and interest, and in the same manner and with the same powers in all respects as are provided by law for the collection of taxes on real estate: provided, that the said board may, if they shall judge the public interest to require it, apportion the said amount to be assessed as aforesaid into not exceeding five equal parts, which apportionment shall be also certified to the said assessors, who shall add one of said equal parts yearly

Proviso.

ate ferry with

of ferriage.

to the annual tax of said estates adjudged to be benefited as aforesaid, but pursuant to the original assessment made as aforesaid. SECT. 5. If the said city council, upon the completion of said City may operpurchase, shall adjudge and determine that instead of maintaining more boats and said ferry free of all tolls, it is for the best interests of said city that at reduced rates the said ferry shall be thereafter operated with more boats and 123 Mass. 460. greater facilities for travel and business than are now furnished by said company, and at one cent ferriage for a foot passenger, instead of two cents as heretofore charged, and with the other rates of ferriage thereon so reduced that the receipts of said ferry annually shall not exceed the cost of operating the same, instead of paying, as provided by the charter of said company, at least eight per cent. annual dividends, then and in such case the said city shall thereafter maintain and operate, or cause to be maintained and operated, the said ferry, with such greater accommodations and at such reduced rates of ferriage as aforesaid, or with such other and still greater accommodations and at such more reduced rates of ferriage as the said board of aldermen may from time to time judge expedient for the purposes mentioned in the first section of this act. And the said board of aldermen, having first adjudged and determined the territory, if any, that shall be thereby specially benefited as aforesaid, may also adjudge and apportion, not exceeding one-half part of the cost of such purchase, to be assessed upon the said estates adjudged to be benefited as aforesaid, in the same manner, and with the same powers and liabilities in all respects as are herein before provided respecting such assessment.

tain ferry for

sequently ap

of cost of pur

SECT. 6. If the said city council, instead of adjudging to maintain City may main. said ferry free of all tolls, as provided in section two of this act, ten years free of shall adjudge and determine that it is for the best interests of said tolls, and subcity that the said ferry shall be maintained free of tolls for a term of portion one-half not less than ten years next succeeding said purchase, and thereafter chase upon es upon such rates of ferriage as may then be adjudged by said city, tates benefited. then and in such case the said city shall maintain and operate, or cause to be maintained and operated, the said ferry, for and during a term of not less than ten years next succeeding said purchase, free of all tolls, but in all other respects as provided by section five of this act, and may thereupon apportion, not exceeding one-half part of the cost of such purchase, upon the said estates benefited, with the same powers and under the same limitations as herein before provided respecting such assessment.

for all vehicles

yond limits of

SECT. 7. The said board of aldermen shall have power at all May collect tolls times, notwithstanding any of the provisions of this act, or anything passing to or done by said city in pursuance thereof, to levy and collect such rates from places beof ferriage as they shall judge expedient, for and upon all teams and city. vehicles passing over said ferry to or from any place beyond the limits of said city.

SECT. 8. Chapter three hundred and fifty-two of the acts of eigh- Repeal. teen hundred and sixty-eight is hereby repealed.

SECT. 9. This act shall take effect upon its passage.

SECTION 1. The city of Boston is hereby authorized and empowered Boston may ap to appropriate from time to time such sums of money for the main- moneys for sup

propriate

Latin school.

Proviso.

port of Roxbury tenance of the Roxbury Latin school, not exceeding the sum of three thousand dollars in any single year: provided, that the trustees of this school shall annually report to the board of school committee of Boston, on or before the second Tuesday of September, the standing and condition of the school, and such statistics as are required of the Boston Latin school in section twenty, chapter four, of the rules of the board.

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

April 13, 1869..

Boston may fill

docks inclosed

nue with earth

from Fort hill.

1869.- CHAPTER 181.

AN ACT FOR THE PREVENTION OF A NUISANCE IN THE DOCKS INCLOSED
BY THE BUILDING AND FILLING IN OF ATLANTIC AVENUE, IN THE
CITY OF BOSTON.

Be it enacted etc. :

SECTION 1. The city of Boston, to prevent the nuisance which by Atlantic ave. Will be created by the sewers discharging into the docks, and from stagnant water in said docks inclosed by the building of Atlantic avenue, may fill up said docks with earth from Fort Hill, and shall have a lien on the land made by said filling, for the cost of doing the same, as hereinafter provided.

SECT. 2. The said city may extend the sewers now discharging into said docks, and such other sewers as in their judgment will be required, so as to discharge the same into deep water below Atlantic avenue, or from the ends of the wharves, as they shall deem most convenient or conducive to public health, and assess the cost of doing the same in the manner now provided by law in relation to the building of sewers.

SECT. 3. The said city shall file for record in the Suffolk registry, a description of the boundaries of the docks so filled, together with their claim for the cost of filling the same, and also the portions of such assessments for sewers as shall apply to lands filled as before named, and such amounts for filling and for constructing sewers so filled as aforesaid, shall constitute a lien on said lands, which may be enforced and collected in the same manner as is provided by law for the collection of taxes upon real estate; and when the different claimants to the lands so filled shall settle the boundaries of their several claims, the said city shall discharge their lien on the record in said registry on the land of any owner, on the said owner paying to the said city the proportion of said cost for filling and construction of sewers due on his land, together with interest on the same from the date of said expenditure by said city.

SECT. 4. Nothing in this act shall be so construed as to prevent any owner from filling his own lot of land, provided he does it in season to prevent a nuisance, and the filling be done with suitable and wholesome earth, to be approved by said city.

SECT. 5. This act shall take effect upon its passage.

RESOLVE

Arms may be is

sued to Boston

AUTHORIZING

THE ISSUE OF ARMS TO THE ENGLISH HIGH AND LATIN SCHOOLS IN THE CITY OF BOSTON.

Resolved, That his excellency the governor be and is hereby au

for use of Eng. thorized to issue to the city of Boston such arms for the use of the

lish High and

Latin schools.

English High and Latin schools in said city as, in his judgment, may

be so distributed without detriment to the militia service: provided, the city of Boston shall be held responsible for the return in good order and condition of said arms whenever his excellency the governor shall so direct.

Proviso.

April 27, 1869.

1869. CHAPTER 193.

AN ACT TO AUTHORIZE THE CITY OF BOSTON TO CONVEY WATER ΤΟ
DEER ISLAND.

Be it enacted, etc.:

across Shirley

island.

SECTION 1. The city of Boston is authorized to convey water Boston may lay from East Boston, so called, to Deer Island in Boston harbor, by water pipe laying aqueducts or water-pipes through the town of Winthrop and gut to Deer across Shirley gut; and for that purpose shall have all the rights and privileges, and shall be subject to all the liabilities, mentioned in chapter one hundred and sixty-seven of the acts of the year eighteen hundred and forty-six, and the several acts in addition thereto. And the said city of Boston may make any suitable structures for the purpose of conveying the said water, under the tide-waters in said bor commissionShirley gut: provided, that such structures shall be approved by the harbor commissioners.

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

May erect struct

ures, subject to approval of har

ers.

[1846, 167; 1849, 187.]

April 24, 1869.

1869. CHAPTER 194.

AN ACT TO AUTHORIZE THE CITY OF BOSTON TO WIDEN FEDERAL

STREET BRIDGE.

Be it enacted, etc.:

SECTION 1. The city of Boston is hereby authorized to widen May widen Federal-street Federal-street bridge, in said city, to a width equal to the width of bridge. said Federal street: provided, that all things done under this act Subject to ap. shall be subject to the determination and approval of the harbor proval of harbor commissioners, as provided in section four of chapter one hundred P.S. 19, § 8. and forty-nine of the acts of the year eighteen hundred and sixty-six. SECT. 2. This act shall take effect upon its passage.

commissioners.

ADDITION

ΤΟ AN ACT IN RELATION TO THE POWERS OF
CONSTABLES IN THE CITY OF BOSTON."

Be it enacted, etc.:

SECTION 1. Any constable of the city of Boston who shall have Repealed by complied with the provisions of section one, of chapter one hundred P.S. See post, p. 321; P.S. 27, and forty-seven of the acts of the year eighteen hundred and sixty, § 114. may, within said city of Boston, serve any writ or other process in any personal action in which the damages are not laid at a greater sun than three hundred dollars, and any process in replevin in which the subject-matter does not exceed in value three hundred dollars. SECT. 2. This act shall take effect on the first day of June next. May 10, 1869.