-and upon publication of certificate by secretary of commonwealth. the city clerk of the city of Cambridge to certify to the secretary of the commonwealth the result of the vote of the city council of said city as soon as may be, and if it shall appear that a majority of the votes of both branches of the city council is in favor of the acceptance of this act, said secretary shall immediately issue and publish his certificate declaring this act to have been duly accepted. SECT. 11. So much of this act as authorizes and directs the submission of the question of acceptance to the city council of Cambridge shall take effect upon its passage. If this act is accepted as herein provided, it shall take full effect upon the publication of the certificate of the secretary, as herein provided. [1871, 250.] June 1, 1870. Board of street commissioners established; -to have powers of board of al dermen con cerning laying AN ACT TO AMEND THE CHARTER OF THE CITY OF BOSTON. Be it enacted, etc.: SECTION 1. The qualified voters of the city of Boston shall, at the annual municipal election next after the passage of this act, be called upon to give in their votes for three able and discreet men, being inhabitants of said city, who shall constitute the board of street commissioners of said city; one of whom shall be chosen for the term of one year, one for the term of two years, and one for the term of three years from the first Monday of January next ensuing, and until their successors are chosen and qualified; and at any subsequent annual election the qualified voters of the city shall choose one person, qualified as aforesaid, to be a member of said board, to serve for the term of three years. SECT. 2. Said street commissioners shall have all the powers now exercised by the board of aldermen, concerning the laying out, alterout streets and ing, or discontinuing. the streets and ways of said city, and the powers now exercised by said board of aldermen in relation to the abatement of taxes. abatement of taxes; 102 Mass. 19. 123 Mass. 50. P.S. 49, § 84. SECT. 3. Whenever said board of street commissioners shall ad-to make esti. judge that the public safety and convenience require that any street, mate of cost of lane, or alley, in the said city shall be laid out, altered or discontinued, laying out street. they shall make and record an estimate of the expense thereof; and If estimate exceeds $10,000, if such estimate shall exceed the sum of twenty-five thousand dolmatter to be de- lars, or if such estimate with the estimates of any previous alteration termined by city council. or discontinuance of any part of said street, lane, or alley, during the 1872, 322. municipal year, shall exceed the sum of twenty-five thousand dollars, the order for such laying out, alteration, or discontinuance, together with an estimate of the expense thereof, shall be sent to the city clerk, who shall forthwith lay the same before the city council for their concurrence or rejection; and such act shall not take effect or be in force until said city council shall concur therein: [provided, that if said council shall not act definitely thereon within thirty days after the time when the same shall have been laid before them, and cause a certified copy of their proceedings to be transmitted to said board of street commissioners, the order shall take effect at such time as said commissioners may determine]." Proviso. Compensation. 1879, 198. SECT. 4. Said commissioners shall each receive an annual salary of not less than three thousand dollars, which shall be in full for their 1 "Ten" inserted in place of "twenty-five" by St. 1872, c. 322. 2 This proviso was stricken out by St. 1872, c. 322. services, shall be fixed by the city council, and paid from the treasury of the city. pointed by com. SECT. 5. Said commissioners shall appoint a clerk of said board, Clerk to be apremovable at pleasure, who shall have charge of the records of said missioners and board, and perform such clerical and other duties as may be required fixed by city compensation of him; he shall be sworn to the faithful performance of the duties council. of said office, and shall receive such salary for his services as the city council may determine, which shall be paid from the treasury of said city. board to be filled vote of city council. SECT. 6. Whenever a vacancy occurs in said board of street com- Vacancies in missioners the same shall be filled by a concurrent vote of the city by concurrent council; and the person so elected shall hold the office until his successor at the next municipal election shall be chosen and qualified. SECT. 7. All surveys and plans required by said commissioners Surveys and shall be furnished by the said city surveyor, and he shall perform to be furnished such other duties for said commissioners as they may require. SECT. 8. All laws inconsistent herewith are hereby repealed. June 11, 1870. [1799, 31; 1804, 73; 1809, 28; 1816, 90; 1831, 17; 1833, 128; 1854, 448; 1872, 242, 322; 1877, 228; 1878, 75; 1879, 198.] plans required, by city surveyor. 1870. CHAPTER 365. AN ACT TO INCORPORATE THE BUTCHERS' SLAUGHTERING AND MELTING Be it enacted, etc.: SECTION 1. Horace W. Baxter, Horace W. Jordan. and B. Francis Corporators. Ricker, their associates and successors, are hereby made a corporation by the name of the Butchers' Slaughtering and Melting Association, to be located in the town of Brighton, for the purpose of carrying on the business of buying and slaughtering cattle, sheep, and other animals, and of melting and "rendering" establishments, subject, however, to the provisions hereinafter contained, and to all general laws now, or that may hereafter be, in force, applicable to such corporations. hold such land, acres, as state may determine. tion of land in days. SECT. 2. Said corporation may take and hold, by purchase or May take and otherwise, such parcel of land, not exceeding one hundred acres in not exceeding extent, and situated in Brighton, within two miles of the Cattle Fair one hundred hotel, as the state board of health shall, by vote, determine to be board of health suitable for the carrying on of said business; and said corporation 1870, 144, § 1. shall, within sixty days from the time it shall take any land, otherwise than by purchase, file in the office of the registry of deeds, for To file descripthe county wherein said lands lie, a description thereof, as certain as registry of deeds is required in a common conveyance of lands, together with a state- within sixty ment of the purpose for which the lands are taken, which description and statement shall be signed by the president of the corporation. SECT. 3. The said corporation shall be liable to pay all damages Damages, how that shall be sustained by any persons in their property by the taking tained, etc. of any land for the purposes of this act. Any person who shall sustain damages as aforesaid, and who shall not agree upon the damages to be paid therefor, may apply by petition for the assessment of his damages at any time within one year from the taking of said land, to the superior court in the county in which said land is situate. Such petition may be filed in the clerk's office of said court in vacation or in term time, and the clerk shall thereupon issue a summons to said corporation, returnable, if issued in vacation, to the then next term of the said court, held fourteen days at least after the issuing of said to be ascer Buildings to be erected and business to be car to approval of state board of health. 1876, 144, § 1. summons, and, if in term time, returnable on such day as the court shall order, to appear and answer to the said petition; the said summons shall be served fourteen days at least before the return day thereof, by leaving a copy thereof with the clerk of said corporation, and upon the return of said summons duly served, the said petition shall stand as a cause in said court, and all questions of fact relating to the damages sustained by the petitioner shall be heard and determined, and the amount of such damages shall be assessed by a jury of said court, unless the parties shall in writing waive their right to a jury trial and agree that the question of said damages shall be determined by the court; and the verdict of said jury, being accepted and recorded by said court, or the award of the court, if jury trial shall be waived, shall be final and conclusive, and judgment shall be rendered and execution issued thereon, and costs shall be recovered by the petitioner if the amount of said judgment shall exceed the amount offered him for his damage by said corporation before the filing of said petition; otherwise said corporation shall recover its costs. SECT. 4. Said corporation shall proceed to build upon said land suitable buildings for the slaughtering of cattle, sheep, and other ried on subject animals, and for melting and rendering purposes, and all necessary stables and out-buildings. But no buildings shall be erected until the plans thereof, with all details of construction, shall have been submitted to and approved by said state board of health, or some person designated by said board to examine said plans. All the business of said corporation shall be carried on in accordance with such regulations as said board shall from time to time establish and furnish in writing to the clerk of said corporation, and for each violation of any one of said regulations said corporation shall be liable to a fine of not less than twenty nor more than five hundred dollars, to be recovered by indictment against said corporation. Subject to the foregoing provisions said corporation may manufacture and sell any of the usual products of said slaughtering and melting business, or may lease or permit other persons to use their buildings or parts thereof on such terms as may be agreed upon. And each member of said corporation shall have the right to slaughter on the said premises, subject to such regulations and such tariff of prices as said corporation may, by vote at any regular meeting, establish, and to the regulations of the said board of health, as aforesaid. And any person engaged in slaughtering or other business on the premises of said corporation, who shall violate any of the said regulations of said board, shall be liable to the penalties hereinbefore affixed to violations thereof by said corporation. Capital stock and shares. Board of health may order per sons engaged in slaughtering within six miles of Faneuil Hall to slaughter on premises of this SECT. 5. The capital stock of said corporation shall consist of two hundred thousand dollars, to be divided into shares of one hundred dollars each, and said corporation shall not take any land, as hereinbefore provided, or commence business until the sum of one hundred thousand dollars at least shall be paid in cash. SECT. 6. [The state board of health may, if in their judgment the public health shall require, order any person at any time engaged in the business of slaughtering within six miles of Fanueil Hall market in Boston, and not upon any island in the harbor, to slaughter his cattle, sheep, or other animals, upon the premises of said corporation : provided, that thirty days' notice of an intention to pass such an order shall be given to such person by said board, and that, after such notice is given, such person shall have continued to conduct his business in such a manner as, in the judgment of the board, is injuSupreme judi- rious to the public health; and the supreme judicial court, or any enforce order of justice thereof, sitting in equity, shall have power to enforce any board of health. such order of said board by injunction. And whenever such board corporation. Proviso. Repealed by 1876, 144. cial court may shall make such order, as aforesaid, they shall also fix in said order the price per head which said party so served with said order shall pay to said corporation for the use of a place in its said building for slaughtering as aforesaid; but said price may be fixed as a certain sum of money, or as a certain portion of the animal with its blood and offal, and said corporation shall be bound to permit said party to slaughter on its premises on the terms so fixed by the order of said board, unless said corporation and said party shall agree upon some different terms. Any person aggrieved by any order of the board of Right of appeal health, as in this section provided, shall have the right to appeal from said order in the same manner and with the same effect as such right is now given in chapter twenty-six of the general statutes to a person aggrieved by an order of a town board of health, prohibiting the carrying on of offensive trades. In case of any appeal, as Application for herein provided, the application for a jury shall be made to the su- appeal. perior court in the county wherein the party prohibited transacts his business, if in session in said county, or, in vacation, to any justice of said court.] jury in case of June 16, 1870. 1870. - CHAPTER 374. AN ACT TO ANNEX A PORTION OF THE TOWN OF BROOKLINE TO THE Be it enacted, etc.: Brookline an SECTION 1. That part of the town of Brookline contained within Portion of the line described as follows: beginning at a point in the centre of nexed to Boston. the channel of Charles river on the boundary line between the town of Brookline and the city of Cambridge, where the westerly line of St. Mary's street, in the town of Brookline, extended in a northerly direction, would intersect the said boundary line; thence running southwardly by the westerly line of said St. Mary's street extended to the southerly line of Brighton avenue; thence continuing in the same direction by the westerly line of St. Mary's street, to the northerly line of Ivy street; thence turning a little and running southeasterly by the south-westerly line of St. Mary's street, and by the continuation of the same to the present boundary line between Boston and Brookline in the centre of the channel of Muddy river; thence easterly following said boundary line to the present boundary line in the centre of the channel of Charles river; thence by the centre of said channel of Charles river to the point of beginning, with all the inhabitants and estates therein, is hereby set off from the town of Brookline and annexed to the city of Boston, and shall constitute To constitute a a part of the sixth ward thereof, until a new division of wards shall ward of Boston be made; and such territory so annexed shall form part of the and form part of County of Sufcounty of Suffolk: provided, that the said territory and the inhabit- folk. ants thereon, set off as aforesaid, shall be holden to pay all such Provisos. taxes as are already assessed or ordered to be assessed by said town of Brookline for the present year, in the same manner as if this act had not been passed: and provided, further, that all paupers who have gained a settlement in said town of Brookline, by a settlement gained or derived within said territory, shall be relieved or supported by said city of Boston, in the same manner as if they had a legal settlement in said city of Boston. part of sixth Inhabitants set off to continue SECT. 2. The said inhabitants hereby set off to the city of Boston shall continue to be a part of Brookline for the purpose of electing part of Brookline for electing state officers and members of the executive council, senators and rep- state and nationresentatives to the general court, representatives to congress, and al officers until next census, etc. Rights of drain. age not affected. Subject to acceptance by city council of Bos electors of president and vice-president of the United States, until the next decennial census shall be taken, or until another apportionment shall be made; and it shall be the duty of the board of aldermen of said city of Boston to make a true list of the persons residing on the territory hereby annexed to said city, qualified to vote at such elections, and post up the same in said territory, and correct the same as required by law, and deliver the same to the selectmen of said town of Brookline, seven days at least before any such election; and the same shall be taken and used by the selectmen of Brookline for such election, in the same manner as if it had been prepared by themselves. SECT. 3. This act shall not be construed to divest or deprive the town of Brookline of any legal rights of drainage which it now possesses. SECT. 4. This act shall not take effect until accepted by the city Council of Boston.' ton. June 18, 1870. Penalty for taking black bass. AN ACT ΤΟ PROHIBIT THE TAKING OF BLACK BASS IN LAKE Be it enacted, etc.: Whoever catches, takes, or destroys, any black bass in the waters of Lake Cochituate in the towns of Natick, Wayland, or Framingham, in the county of Middlesex, shall forfeit for each offence not less than ten nor more than fifty dollars. June 21, 1870. Draws to be thirty-six feet wide. 1870. CHAPTER 401. AN ACT IN ADDITION ΤΟ Be it enacted, etc.: SECTION 1. Section one of chapter three hundred, section one of chapter three hundred and one, section seven of chapter three hundred and two, and section five of chapter three hundred and three of the acts of the current year, are hereby severally amended by striking out the words "thirty-eight feet" wherever the same occur, and inserting instead thereof the words "thirty-six feet." SECT. 2. This act shall take effect upon its passage. [1870, 300, 302.] June 23, 1870. Jurisdiction ceded to United States of land 1871. CHAPTER 82. AN ACT TO CEDE JURISDICTION TO THE UNITED STATES OVER CERTAIN Be it enacted, etc.: SECTION 1. Jurisdiction is hereby ceded to the United States over the following described tract of additional land for the site of for a post office the new post-office and sub-treasury building in the city of Boston, when the United States shall have acquired title thereto. The said and sub-treas ury. 1 Accepted November 4, 1870. |