accumulating interest, to provide for its payment at maturity. All sums received for betterments shall be paid into said sinking-fund, until such fund shall amount to a sum sufficient, with its accumulation, to pay at maturity the bonds for the security of which the fund was established. to be laid out SECT. 13. No street or way, and no steam or horse railroad, shall Streets, etc., not be laid out over any portion of any park located under this act, except over park, at such places and in such manner as said board shall approve. except as board approves. park, unless SECT. 14. No military encampment, parade, drill, review, or other Military bodies military evolution or exercise, shall be held or performed on any park not to enter laid out as aforesaid, except with the prior consent of said board; board consent. nor shall any military body, without such consent, enter or move in military order within the same, except in case of riot, insurrection, rebellion, or war. to be made to SECT. 15. Said board shall annually, in the month of January, Annual report make to the city council of Boston a full report of its doings for the city council. preceding year, including a detailed statement of all their receipts and expenditures. sioners may be Boston. SECT. 16. The mayor of any city adjoining the city of Boston Park commis may, with the approval of the city council of such adjoining city, appointed in appoint, and the inhabitants of any town adjoining the city of Boston cities adjoining may, at any legal meeting called for the purpose, elect park commissioners, who shall have powers similar to those herein before given to the park commissioners of the city of Boston, to lay out and improve parks within such adjoining city or town, in conjunction or connection with any park laid out in Boston; and any park laid out by the park commissioners of such adjoining city or town shall be subject to similar provisions to those herein before made regarding parks in Boston, and such adjoining city or town shall have similar rights, and be subject to similar duties, to those herein before given to, and imposed upon, the city of Boston in relation to incurring debts for the purpose of defraying expenses incurred under this act: pro- Proviso. vided, however, that the provisions of this section shall not apply to any such adjoining city that has not accepted the same by a vote of a majority of the legal voters at the annual meeting for the choice of municipal officers. acceptance by a SECT. 17. This act shall not take full effect unless accepted' by a ma- Subject to jority of the legal voters of the city of Boston, present, and voting majority vote. thereon, by ballot and using the check-list, at meetings which shall be held in the several wards of said city on the second Wednesday of June in the present year, and upon notice thereof duly given at least seven days before the time of said meetings; and the polls shall be opened not later than nine o'clock in the forenoon and closed not earlier than six o'clock in the afternoon of said day. In case of the absence of any ward officer at any ward meeting in said city, held for the purpose aforesaid, a like officer may be 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," in answer to the question, Shall an act passed by the legislature of the commonwealth, in the year eighteen hundred and seventy-five, entitled an act for the laying out of public parks in or near the city of Boston,' be accepted?" Such meetings shall be called, notified, and warned, by the board of aldermen of said city in the same manner in which meetings for the election of municipal officers are called, notified, and warned. The ballots given in shall be assorted, counted, and declared, in Meetings to be Accepted June 9, 1875; see Statutes and Ordinances (ed. 1876), p. 590, note. An act for the laying out of one or more public parks in or near the city of Boston, approved May 27, 1870 (St. 1870, c. 283), was rejected. notified, etc., as for election of municipal officers. Board of alder men to certify result to secre open ward meeting, and shall be registered in the ward records. The clerk of each ward shall, within forty-eight hours of the close of the polls, make return to the board of aldermen of the number of ballots cast in his ward in favor of the acceptance of this act, and of the number cast against its acceptance. And it shall be the duty of the board of aldermen to certify, as soon as may be, to the secretary of the commonwealth, the whole number of ballots cast in said city in favor of the acceptance of this act, and the whole number cast against said acceptance; and if it shall appear that a majority of the cate if act is ac- ballots have been cast in favor of acceptance, the said secretary shall immediately issue and publish his certificate declaring this act to have been duly accepted. tary of the com monwealth. Secretary to issue his certifi cepted. When to take effect. SECT. 18. So much of this act as authorizes and directs the submission of the question of its acceptance to the legal voters of the city of Boston shall take effect upon its passage. May 6, 1875. Land may be granted to Institute of AN ACT RELATING TO THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY Be it enacted, etc.: SECTION 1. The governor and council are hereby authorized to Massachusetts grant to the Massachusetts Institute of Technology the right to hold, occupy, and control, such a parcel of land out of the lands of the commonwealth, situated in that part of Boston called the Back bay, as they shall deem a fair equivalent for the similar right with regard to the parcel of land granted to said institute by the one hundred and seventy-fourth chapter of the acts of the year eighteen hundred and seventy-three: provided, that said institute shall execute a satisfactory release to the commonwealth of all its right, title, and interest, in and to said last named parcel acquired by it under said act. Proviso. Land may be granted to the city of Boston, to be kept open as a public park, etc. The said institute shall thereupon have the right to hold, occupy, and control, the said first-named parcel of land upon the same trusts, and subject to the same limitations, stipulations, and conditions, as are set forth in said act, with reference to the parcel described therein. SECT. 2. Upon the release to the commonwealth by the Massachusetts Institute of Technology of all its right, title, and interest, in the parcel of land granted to it by the one hundred and seventyfourth chapter of the acts of the year eighteen hundred and seventythree, and upon payment by the city of Boston of such a sum to the treasurer of the commonwealth, as may be deemed adequate by the governor and council, the said governor and council are hereby authorized to grant to said city of Boston a perpetual right to hold, occupy, and control, said parcel of land, free from rent or charge by the commonwealth, upon condition that it shall forever be kept open as a public park by said city; said lot to be subject to the limitations and stipulations relative to lands of the commonwealth on the south side of Boylston street, and to be reserved from sale forever; and upon the further condition that the city of Boston shall acquire, by purchase or otherwise, the remainder of the trapezoid of land of which this parcel is a part, lying westerly thereof, and between this parcel and Dartmouth street, and shall appropriate it to the same purpose. SECT. 3. In case said city shall appropriate the parcel of land other purpose, hereby granted, to any purpose foreign to that for which it is granted, commonwealth then the commonwealth, after due notice given, may enter upon said If the land is used for any possession. lot and take possession thereof, and the right of the city of Boston may take to the use, occupation, and control, of said lot, shall thereupon cease. SECT. 4. This act take effect upon its passage. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO CONSTRUCT A SEWER Be it enacted, etc.: may construct valley. SECTION 1. The city of Boston is hereby authorized, for the pur- City of Boston pose of preserving the purity and remedying the pollution of the water sewer in Mystic supplied to said city from Mystic pond, so called, by virtue of chapter 1877, 11, §1. one hundred and five of the acts of the year eighteen hundred and sixty-one, and the acts in addition thereto, and amendment thereof, to construct for that purpose a main sewer, with as many branches as may be from time to time deemed necessary, in the Mystic valley and on the easterly side of the ponds and streams which discharge into said Mystic pond, commencing in the town of Woburn, running in a south-easterly direction through the town of Winchester into the town of Medford, and emptying into the lower Mystic pond at some convenient point near the upper end thereof. Said city is authorized to extend or divert into said main sewer or any of its branches, any streams or water-courses, whether natural or artificial, flowing directly or indirectly into Mystic pond or its headwaters, or into any stream or pond connected with or discharging into said Mystic pond, which contain any sources of pollution. channels and water Said city may also deepen the channel and remove obstructions from May deepen any such stream or water-course, and may wall in and cover over the remove obstruc same. It may take or purchase such land as may be necessary for tions from this purpose not exceeding three rods in width on either side of such courses. stream or water-course, or of any channel into which it may conduct or divert the same. Said city is likewise authorized to extend or divert into said main sewer or any of its branches, any drain or sewer emptying directly or indirectly into Mystic pond, or into any stream or pond connected with or discharging into said Mystic pond. Said city is likewise authorized to conduct or divert into said main sewer or any of its branches, any sewage, drainage, or pollution of any kind, caused by any town, corporation, person or persons, which now finds or shall hereafter be in danger of finding its way directly or indirectly into said Mystic pond, or its head-waters, or into any stream or pond connected with or discharging into said Mystic pond. machinery, Said city may, for the purposes aforesaid, erect such machinery, May erect pumps, and appliances of any kind which may be found necessary from time to time. pumps, etc. hold lands and SECT. 2. The city of Boston may take and hold by purchase or May take and otherwise, any lands, real estate, or water-rights, necessary for laying water-rights. and maintaining said main sewer and its branches, and for the extension or diversion of any water-courses, natural or artificial, and of any drains or sewers which it may extend or divert, and for the construction of any works which it may erect by virtue of the provisions of this act. It may construct said main sewer and its branches, and conduct, extend, or divert, said water-courses, sewers, or drains, over or under any water-course, or any streets, turnpike roads, railroads, highways or other ways, and may enter upon and dig up such roads, streets, or May dig up roads or ways. Flow of water in streams intercepted by sewers. To restore streets to good order and condition. City of Boston liable for dam ages, etc. Proviso. Sewer to be substantially made and kept in ways, for the purpose of construction, maintenance, and repair, and in such a manner as not to render the same unnecessarily inconvenient for public travel during the work thereon, and in general may do other acts and things necessary and proper for the purposes of this act. Said city of Boston may, also, with the consent of the directors of the Boston and Lowell Railroad Company, for the time being, change the grade or location of so much of said railroad as is situated in the Mystic valley. It may also change the grade of any highway, public street, or way of travel, within the towns of Medford, Woburn, or Winchester, crossed by said sewer or any of its branches, subject to such reasonable regulations as may be prescribed by the selectmen of the town in which such highway or street is located. SECT. 3. Wherever said main sewer or its branches shall intercept streams, drains, or sewers, existing at the date of the passage of this act, the said city of Boston shall connect the same with said main sewer or its branches, or make such other provision as not to destroy or unnecessarily injure the flow of the same. SECT. 4. Whenever the city of Boston shall dig up any street or way, as aforesaid, it shall restore the same to as good order and condition as the same shall be in when such digging commenced; and the city of Boston shall at all times indemnify and save harmless the town of Woburn, the town of Winchester, and the town of Medford, against all damage which may be recovered against them, respectively, and shall reimburse to them, respectively, all expenses which they shall incur, by reason of any defect or want of repair in any street or way, caused by the construction of said main sewer or any of its branches, or the extension or diversion of said water-courses, sewers, or drains, or by the maintaining or repairing of the same: provided, that said city shall have due and reasonable notice of all claims for such damages or injury, and opportunity to make a legal defence thereto. SECT. 5. The main sewer and its branches to be constructed under this act shall be the property of the city of Boston, shall be suborder by Boston. stantially made with brick and stone, or with such other materials and in such manner as the board of aldermen of the city of Boston shall permit or direct, and shall be kept and maintained in good order by the city of Boston. Expense of repairs to be assessed upon persons benefited. Liability for damages. The city of Boston shall at all times have the right to repair the same, and to remove stoppages therefrom, and may assess the expense, or any portion thereof, on all persons benefited by such repairs, or removal of obstructions, in the manner designated in the eleventh and twelfth sections of chapter forty-eight of the general statutes of the commonwealth, and the board of aldermen of the city of Boston shall have the powers therein granted to selectmen of towns, but no part of such expense shall be assessed upon towns, corporations, or persons, who do not use said main sewer or its branches, or who are lawfully entitled to discharge their sewage or drainage into said Mystic pond or its head-waters at the date of the passage of this act. All juries applied for under this section shall be drawn from the county of Middlesex. SECT. 6. The city of Boston shall be liable to pay all damages that shall be sustained by any person, town, or corporation, in his or its property, by the taking of or injury to any land, real estate, water, or water-rights, or by the interference with or injury to the use of any water-course to which such person, town, or corporation, is legally entitled at the time of such taking; and in regard to such taking, injury, or interference, and the ascertainment and payment of all such damages, the said city of Boston and all persons, towns, or corpora tions, claiming damages, shall have all the rights, immunities, and remedies, and be subject to all the duties, liabilities, and regulations, which are provided in the one hundred and sixty-seventh chapter of the acts of the year eighteen hundred and forty-six, the one hundred and eighty-seventh chapter of the acts of the year eighteen hundred and forty-nine, and the three hundred and sixteenth chapter of the acts of the year eighteen hundred and fifty. other towns, without consent 1877, 11. SECT. 7. No corporation, person, or persons, shall hereafter dis- Drainage of charge any sewage, drainage, or pollution, of any kind, which they etc., not to enter have not the legal right so to discharge, at the date of the passage of witowe this act, and no city or town shall discharge its public drainage or of Boston. sewage into the said upper Mystic pond, or any head-water, pond, or stream, running into, or connected therewith, or into the said main sewer or any of its branches, or into any drain or sewer directly or indirectly connected therewith, or into any stream or water-course diverted into said main sewer, or into the branches thereof, or into any drain, sewer, or conduit, emptying into said stream or water-course or its branches, without the permission of the city of Boston; but any such town, corporation, person, or persons, may, with the permission of the city of Boston, enter a drain or sewer into such main sewer or any of its branches, upon giving six months' notice to said city of Boston of their desire so to do, and upon payment of a reasonable compensation to said city for the use of the same. If the city of Boston and said town, corporation, person, or persons, shall be unable to agree upon said compensation, either party may petition the supreme judicial court for the appointment of a commission of three suitable persons, who shall hear the parties and determine the compensation to be paid to the city of Boston. Such com- Compensation pensation may consist of a sum in gross, or of a yearly payment to by other towns. be made to said city, as said commissioners may decide; and the report of said commissioners, or of a majority of them, being subject to the revision of, and being accepted by, the supreme judicial court, shall be final, and judgment shall issue thereon. The entry of any drain or sewer into said main sewer or any of its branches, shall be made under the direction of the city of Boston, and subject to such reasonable rules and regulations as may be made by the city council thereof. Upon the establishment by the towns of Woburn or Winchester or Medford, of any system of sewerage or drainage, the sewers established by said towns to the northward and eastward of said system of sewers of the city of Boston, and through territory which naturally drains toward said main sewer of the city of Boston or any of its branches, shall be entered into said sewers of said city of Boston, and compensation therefor shall be made severally by said towns to said city of Boston, and shall be determined, if the parties shall be unable to agree, in the manner herein before set forth: provided, that in all cases under this section, no such town, corporation, person, or persons, shall be entitled to make such entry except by permission of the city of Boston, or upon such terms as shall be determined by the supreme judicial court. for use of sewer Woburn and SECT. 8. Nothing in this act shall be so construed as to impair the Rights of rights heretofore granted to the towns of Woburn and Winchester for Winchester not supplying themselves with pure water; or to prohibit the saving and to be impaired. use of sewage and drainage matter for fertilizing purposes, or making any local disposition of the same, which shall not pollute the waters of said upper Mystic pond. luting water of SECT. 9. If any town, corporation, person, or persons, shall wan- Penalty for pol tonly or maliciously discharge any sewage, drainage, or cause of pol- Mystic pona. lution, into the said upper Mystic pond, or any head-water, pond, or |