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Belectmen to lay out streets, etc.

3 . 290.
6 Cush. 1.
12 Cusb. 574.
I Gray 203.

Sect. 3. And be it further enacted, that the selectinen of the said

town shall be, and hereby are, authorized to lay out such streets and 16 Pick. 442,604. lanes through the said tract as in their judgment may be for the

common benefit of said proprietors and of said town of Boston, a

reasonable attention being paid to the wishes of the proprietors; and 14 Gray 282. in case of disagreement between the selectmen and proprietors, or

either of them, the same proceedings shall be had as are provided by law in other cases for laying out town-ways: provided, only, that no damages or compensation shall be allowed to any proprietor for such streets or lanes as may be laid out within twelve months from the passing of this act: and provided, also, that the town of Boston shall not be obliged to complete the streets laid out by their selectmen pursuant to this act, sooner than they may deem it expedient so to do.

March 6, 1804.

Proviso.

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Selectmen em.
powered to lay
out and widen
streets.
11 Mass. 447.
2 Pick. 162.

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT TO REGULATE

THE PAVING OF STREETS IN THE TOWN OF BOSTON, AND FOR RE

MOVING OBSTRUCTIONS IN THE SAME.”
Be it enacted, etc. :

That the selectmen of the town of Boston for the time being, whenever in their opinion the safety or convenience of the inhabitants of said town shall require it, shall be, and they hereby are, empowered to lay out any new street, or to widen any street, lane, or alley of said town, and for that purpose to take any land that may be required for the same, and to remove any building or buildings, of what nature soever; and the same street, lane, or alley being recorded in the town's books, shall be thereby established as such ; and the owner or owners of the land or buildings that shall be so taken or removed, shall receive such recompense for the damages which he or they may thereby sustain, as the party interested and the selectmen shall agree upon, to be paid by the town or the individual person or persons for whose use such street, lane, or alley is laid out or widened, or as shall be ordered by the justices of the court of general sessions of the peace, upon an inquiry into the same by a jury to be summoned for that purpose, who shall be drawn out of the jury box of the supreme judicial court of the town of Boston by the selectmen of said town, upon the application of the sheriff of the county of Suffolk, and if, by accident or challenge, there should happen not to be a full jury, said officer shall fill the panel de talibus circumstantibus as in other cases; or by a special committee, if the parties agree thereunto.

March 4, 1805. [1799, 31; 1870, 337; 1872, 322; 1877, 228; 1878, 75; P.S. 49, $ 81.]

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ADDITION

AN ACT IN

TO AN ACT ENTITLED “GAN ACT REGULATING THE COLLECTION OF TAXES IN THE TOWN OF BOSTON, AND PROVID

ING FOR THE APPOINTMENT OF CONSTABLES IN THE SAID TOWN.” Be it enacted, etc. :

SECTION 1. That the treasurer and collector of the town of Boston, of delinquents. be, and he hereby is, authorized to issue his warrant to the sheriff 1875, 176.

of the county of Suffolk, his deputy, or to any constable of the town of Boston, directing them to distrain the persons or property of any

Treasurer authorized in caso

person or persons who may be delinquent in the payment of taxes, after the time has expired, that is or may be fixed for payment, by any vote of said town. Which warrants shall be of the same tenor with the warrant prescribed to be issued by selectmen or assessors for the collecting or gathering in of the state rates or assessments, mutatis mutandis. And the said officers shall make a return of their warrants, with their doings thereon, to the said treasurer and collector, within thirty days from the date thereof: provided, however, that Proviso. nothing in this act shall prevent the said treasurer and collector, whenever there may be a probability of losing a tax, from distraining the person or property of any individual before the expiration of the time fixed by the votes of said town.

Sect. 2. Be it further enacted, that it shall be the duty of said Duty of clvi officers to execute all warrants they may receive from said treasurer and collector, pursue the same process in distraining the persons or property of delinquents, as collectors of taxes are now by law authorized to do and perform; and for collecting the sum of money due on said warrant, receive the fees that are allowed by law for levying executions in personal actions : provided, however, before the said officers shall serve any warrant, Prorisu. they shall deliver to the delinquent, or leave at his or her usual place of abode, a summons from said treasurer and collector, stating the amount due; and that unless the same is paid within ten days from the time of leaving said summons into the town treasury, with twenty cents for said summons, his or her property will be distrained according to law.

SECT. 3. Be it further enacted, that the constables of the town of Boston, in addition to the usual condition of their bonds, shall also be bound to the faithful execution of all warrants committed to them by the treasurer and collector of said town.

March 12, 1808. [1802, 7; 1803, 15; 1814, 165; 1860, 147; 1875, 176.]

1809. - CHAPTER 28.

AN ACT IN ADDITION TO THE SEVERAL ACTS NOW IN FORCE TO REGULATE

THE PAVING OF STREETS IN THE TOWN OF BOSTON, AND FOR REMOVING

OBSTRUCTIONS IN THE SAME. Be it enacted etc.:

SECTION 1. That in paving or repairing the pavement of any street in the town of Boston, in future, no person shall place timber or wood, in front of his or her house or lot, to support the foot-walk; but the same shall be supported with hammered or cut stone, anything in the second section of the act, to which this is in addition, passed the twenty-second day of June, in the year of our Lord one thousand seven hundred and ninety-nine, to the contrary notwithstanding.

Sect. 2. [Sections two and three repealed by St. 1847, c. 224, § 3.]

June 19, 1809. [1799, 31; 1804, 73; 1816, 90; 1833, 128.]

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Livery stables.
1860, 109.
1 Gray 163.

Proviro.

AN ACT TO PREVENT LIVERY STABLES BEING ERECTED IN CERTAIN PLACES

IN THE TOWN OF BOSTON. -
Be it enacted, etc. :

SECTION 1. That from and after the passing of this act, no building shall be erected within the town of Boston, and used and improved as a stable, for the taking in and keeping horses or chaises. or other carriages, upon hire, or to let, commonly called livery stables, within one hundred and seventy feet of any church or meeting house erected for the public worship of God: provided, however, that this act shall not be so construed as to prevent the finishing of any stable which has been in part erected, if the completion thereof shall be approved by the selectmen of the town of Boston.

Sect. 2. Be it further enacted, that for any offence against the provision of this act, the owner or owners, keeper or keepers, of such building sball forfeit and pay the sum of one hundred dollars for every calendar month during which the same shall be so used and improved, to be recovered by action of debt, one-half thereof to enure to the use of the poor of the town of Boston, and the other half thereof to him or them who shall sue for the same.

February 28, 1811. (1860, 109; 1869, 369 ; 1878, 192.]

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Bons.

AN ACT IN ADDITION TO AN ACT 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."

Be it enacted, etc. : Corporation au. That the corporation constituted by an act, entitled "An act to thorized to bind out poor per

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,” be, and hereby arc, authorized and cmpowered to bind out in virtuous families, or to reputable trades, or useful arts or occupations, such poor persons, orphans, or deserted children, as receive, or may hereafter receive, the benefit of the said Boylston's charitable donations, until they arrive to the age of twenty-one years, in such manner as to the said corporation may seem expedient; and for this purpose shall have authority to establish any rules and regulations, and enter into any indenture or covenant relative to such objects, not repugnant to the laws of this commonwealth, as the said corporation may deem necessary or expedient.

February 26, 1814. [1802, 44.]

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AN ACT FOR REGULATING THE PROCEEDINGS IN SUITS UPON CONSTABLES

BONDS IN THE TOWN OF BOSTON. Be it enacted, etc.:

SECTION 1. That when the condition of any bond which now is, Bond broken. or may hereafter be given to the treasurer of the town of Boston by any constable of said town, for the faithful performance of the duties of his office, shall be broken, to the injury of any person, such person may cause a suit to be instituted upon such bond, at his own costs, but in the name of the treasurer of the town of Boston, and the like indorsements shall be made on the writ, and the like proceedings be had thereon to final judgment and execution, and the like writs of scire facias on such judgment as may be made, and had by a creditor on administration bonds given to any judge of probate : provided, however, that no such suit shall be instituted by Proviso. any person for his own use, until such person shall have recovered judgment against the constable, bis executors or administrators, in an action brought for the malfeasance or misfeasance of the constable, or for non-payment of any moneys collected by the said constable in that capacity, or a decree of a judge of probate, allowing a claim for any of the causes aforesaid, and such a judgment or decree or so much thereof as shall be unsatisfied, with the interest due thereon, shall be the proportion of the penalty for which execution shall be awarded : provided, however, that this act shall not be con- Proviso. strued to make any surety in any bond given by the constable as aforesaid, before the passing of this act, liable to any suit which could not heretofore be legally prosecuted against him.

SECT. 2. Be it further enacted, that it shall be the duty of the Duty of the treasurer aforesaid to deliver an attested copy of any constable's bond to any persons applying and paying for the same; and such attested copy shall be received as evidence in any case: Provided, nevertheless, that if in any suit the execution of the bond shall be disputed, the court may order the treasurer to bring the original bond into court.

March 1, 1815.

treasurer.

1816. - CHAPTER 44.

AN ACT TO EMPOWER THE TOWN OF BOSTON TO CHOOSE A BOARD OF

HEALTH, AND TO PRESCRIBE THEIR POWER AND DUTY.' SECTION 1. [Repealed by St. 1821, c. 110, § 28.]

Sect. 2. Be it further enacted, that said board of health shall Powers. have power, and it is hereby made their duty, to examine into all P. 8. c. 80

1854, 448, $ 40. causes of sickness, nuisances, and sources of filth that may be inju- R. O.c. 22. rious to the health of the inhabitants of the town of Boston, which do, or may, exist within the limits of the town of Boston, or on any island, or in any vessel within the harbor of Boston, or within the limits thereof, and the same to destroy, remove, or prevent, as the case may require ; and whenever said board shall think it necessary for the preservation of the lives or health of the inhabitants of Boston, to enter forcibly any building, or vessel, having been refused such

1 By the city charter (St. 1821, c. 110, $ 17, and St. 1854, c. 448, $ 40) the power and authority of the board of health were vested in the city council, to be carried into execution ly one or more health commissioners. For St. 1821, c. 110, sce Appendix.

Proviso.

entry by the owner or occupier thereof, within the limits of the said
town of Boston or the harbor thereof, for the purpose of examining
into, destroying, removing, or preventing any nuisance, source of
filth, or cause of sickness aforesaid, which said board have reason to
believe is contained in such building or vessel any member of
said board, by order of said board, may apply to any justice of the
peace within and for the county of Suffolk, and on oath complain
and state, on behalf of said board, the facts, as far as said board
have reason to believe the same relative to such nuisance, source of
filth, or cause of sickness aforesaid ; and such justice shall thereupon
issue his warrant, directed to the sheriff of the county of Suffolk, or
either of his deputies, or any constable of the town of Boston, there-
in requiring them or either of them, taking with them sufficient aid
and assistance, and also in company with said board of health, or
some two members of the same, between the hours of sunrise and
sunset, to repair to the place where such nuisance, source of filth or
cause of sickness [is] complained of as existing as aforesaid ; and
there, if found, the same to destroy, remove, or prevent, under the
directions and agreeable to the order of said board of health, or such
members of the same as may attend and accompany such officer for
such purpose: provided, however, that no sheriff or deputy-sheriff
shall execute any civil process, either by arresting the body or
attaching the goods and chattels of any person or persons, under
color of any entry made for the purposes aforesaid, unless such ser-
vice could, by law, have been made without such entry; and all
services so made, under color of such entry, shall be utterly void ;
and the officer making such service shall be considered as a tres-
passer to all intents ab initio. And in all cases where such nuisance,
source of filth, or cause of sickness, shall be removed, destroyed,
or prevented, in manner aforesaid, the cost of so removing, destroy-
ing, or preventing the same, together with all costs attending the
proceedings relative thereto, shall be paid by the person or persons
who caused, or permitted the same nuisance, source of filth, or cause of
sickness, to exist, or in whose possession the same may be found.
And, in all cases where any contagious and malignant disorder
exists, within the limits of the town of Boston, or on board of any
vessel, or on any island, within the harbor of Boston, and, it appear-
ing to said board of health, after the same has been examined
into by the physician of said board, or some other respectable physi-
cian of the town of Boston, that the public safety requires that
any person or persons affected with any contagious, malignant dis-
order, should be removed to the hospital on Raivsford island, or to
any other place within the limits of said town of Boston, on any
island in the harbor of Boston, or should be confined or remain in
the place where such person or persons thus affected then are; in
every such case the said board of health shall pass an order relative
to the same, which order all persons dwelling in or occupying such
place, building, or vessel, notified thereof by said board, or called on
by said board, shall be obliged to obey; and any person refusing to
obey such order or resisting any officer or person acting under the
authority of said board, or any member of said board, in any of the
duties or requirements in this section of this act, shall severally for-
feit and pay, for such offence, a sum not less than five, and not ex-
ceeding five hundred, dollars, according to the nature and aggrava-
tion of the offence.

SECT. 3. Be it further enacted, that the said board of health shall
have power to make such rules, orders, and regulations, from time to
time, for the preventing, removing, or destroying, of all nuisances,
sources of filth, and causes of sickness within the limits of the town

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Rules and orders.

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