Penalty for unlawfully entering drain. Injunction may be granted by supreme judicial court. Legislature may regulate disposition of sewage from time to time. Mystic sewer bonds of the city of Boston may be issued. Subject to acceptance by city council. stream, running into or connected therewith, such town, corporation, person, or persons, shall be liable to the penalties declared in the fifteenth section of the one hundred and sixty-seventh chapter of the acts of the year eighteen hundred and forty-six. SECT. 10. If any town, corporation, person, or persons, shall, contrary to the provisions of this act, enter any drain or sewer, or conduct any sewage or drainage matter, or pollution of any kind, into any drain or sewer constructed by the city of Boston by virtue of this act, or into any water-course, stream, or channel, natural or artificial, connected therewith, or shall wantonly or maliciously injure or destroy, or divert or obstruct any such drain or sewer, or destroy or injure any machinery or property held, owned, or used, by the said city by the authority and for the purposes of this act, such town, corporation, person, or persons, shall forfeit and pay to said city of Boston, three times the amount of the damages that shall be assessed therefor, to be recovered in any proper action. SECT. 11. It shall be lawful for the supreme judicial court, upon application of the city of Boston, to grant an injunction against any unlawful use of or interference by any one with any sewers or drains constructed by the city of Boston under this act, or against the unlawful entry of any drain or sewer, directly or indirectly, into the same, or into any drain, sewer, or water-course, connected therewith, or against the unlawful pollution or corruption of the upper Mystic pond, or its heat-waters, or of any pond or stream flowing into or connected with the same; and damages therefor may be assessed by said court, as incident to such process. SECT. 12. This act shall not be construed to grant an interminable right to discharge sewage into Mystic lower pond; but the legislature may, from time to time, by law, regulate and determine the disposition to be made of such sewage for the purpose of protecting the public health, and especially that of the inhabitants of Arlington and Medford, and preventing the existence of a nuisance, anything to the contrary in this act notwithstanding. SECT. 13. For the purpose of defraying all the cost and expenses incurred under this act, the said city of Boston is authorized to issue its bonds to such an amount as may be necessary therefor, but not exceeding the costs and expenses incurred under this act, bearing interest at the rate of six per centum per annum; and said interest shall be payable semi-annually, and the principal shall be payable at periods not more than forty years from the issuing thereof; and said bonds shall be known as the "Mystic sewer bonds of the city of Boston." And the said city may sell the same, or any part thereof, from time to time, by public or private sale, or pledge the same for money borrowed for the purposes aforesaid, on such terms and conditions as it shall deem proper. SECT. 14. This act shall take effect upon its acceptance by the city council of the city of Boston. May 10, 1875. [1861, 105; 1863, 9; 1870, 216; 1874, 400; 1877, 11; 1881, 303; 1884, Resolves, c. 63.] AN ACT TO PROVIDE FOR A CHANGE OF THE LOCATION AND TRACKS OF Be it enacted, etc.: tracks of rail Boston. SECTION 1. The Eastern Railroad Company, the Boston and Albany Location and Railroad Company, and the Boston, Revere Beach, and Lynn Railroad roads may be Company, are hereby authorized, on the request in writing of the mayor, changed in East duly authorized by the board of aldermen of the city of Boston, to discontinue and remove, in whole or in part, such portion of the location and tracks of said corporations as are situated in that part of Boston known as East Boston, and to relocate the same upon a new line, to the east of the present one, in such manner as may be agreed upon between said corporations and the said mayor and aldermen ; and for this purpose they may purchase or take land and other property in the method provided for in chapter three hundred and seventytwo of the acts of the year eighteen hundred and seventy-four; and P.S. 112. the said relocated road may be constructed over and across tidewaters lying to the eastward of said East Boston, in such manner as may be approved by the board of harbor commissioners. location to be and city of SECT. 2. Should the Eastern Railroad Company, the Boston and Expense of reAlbany Railroad Company, and the Boston, Revere Beach, and Lynn apportioned Railroad Company, discontinue and relocate their tracks on the among railroads request and in the manner specified in the preceding section, the Boston. cost of so doing shall be apportioned among the said Eastern Railroad Company, the Boston and Albany Railroad Company, the Boston, Revere Beach, and Lynn Railroad Company, and the city of Boston, by a commission which, upon the petition of said corporations, or either of them, shall be appointed, and shall proceed in the manner and with the powers set forth in sections ninety-eight and ninety-nine P.S. 112, §§ 131– of chapter three hundred and seventy-two of the acts of the year eighteen hundred and seventy-four. 134. betterments. SECT. 3. The amount, or any part thereof, assessed, under this act, Assessment for against the city of Boston by said commissioners, may be levied upon the estates benefited by said relocation, in the manner provided by law with respect to betterments upon the laying out and discontinuance of highways in said city of Boston: provided, that Proviso. no estate shall be assessed with a betterment exceeding one-half its increased value by reason of the change of location of said railroad companies; and provided, that the board of aldermen of the city of Proviso. Boston shall determine that it is expedient that said amount, or any part thereof, assessed by said commissioners against said city, shall be raised by levying said betterments. SECT. 4. This act shall take effect upon its passage. AN ACT TO PRESERVE THE PURITY OF THE WATER OF LAKE COCHITUATE. Be it enacted, etc.: may restrain SECTION 1. It shall be lawful for the supreme judicial court, upon The supreme the application of the city of Boston, to grant an injunction against judicial court the discharge of any drainage or sewage matter, or pollution of any discharge of kind, into Lake Cochituate or Pegan brook, or any waters flowing into waters of into said lake or brook: provided, that this shall not be held to Lake Cochituate drainage, etc., and Pegan Proviso. destroy the prescriptive right of any person or persons to discharge such matter into said lake or brook. SECT. 2. The town of Natick shall have the right to divert the waters of any brook, rivulet, or stream, now running into Lake Cochituate, into which the sewerage or drainage of Natick now empties provided, that nothing in this act shall be construed so as to give any right to said town to divert such brook, rivulet, or stream, into Charles river. SECT. 3. This act shall take effect upon its passage. School committee to consist of mayor persons elected by the voters. 115 Mass. 383, 602. Be it enacted, etc.: SECTION 1. The qualified voters of the city of Boston, at the annual municipal election occurring in the year eighteen hundred and and twenty-four seventy-five, shall elect twenty-four persons, inhabitants of the city, to constitute, with the mayor of said city, who shall be ex officio chairman thereof, the school committee of said city, the members of which shall serve without compensation; the eight persons who shall have received the largest number of votes, shall hold their office for three years; the eight persons who shall have received the next largest number of votes, shall hold their office for two years; and the eight persons who shall have received the next largest number of votes, shall hold their office for one year. In case two or more persons elected shall have received an equal number of votes, those who are the seniors by age shall, for the division into classes hereby required, be classified as if they had received the largest number of votes in Eight members the order of ages. And thereafter the qualified voters shall annually elect eight persons, inhabitants of the city, to serve as members of the school committee for the term of three years. to be clected every year. Clerk of wards to make returns clerk. SECT. 2. It shall be the duty of the clerks of the several wards of votes to city of said city to make returns to the city clerk after each municipal election, of the votes cast in their several wards for members of the school committee, and after the entry by the city clerk of said returns, or of an abstract thereof, in the official book kept for such purpose, it shall be the duty of the board of aldermen to examine and compare said returns and thereupon to cause certificates of election to be issued to such and so many of the members of said school committee as appear to have been chosen at such election; but said school committee shall be the final judge of the qualifications and elections of its own members. Organization of committee. A majority shall constitute a quorum. SECT. 3. The persons so chosen as members of the school committee shall meet and organize on the second Monday in January, in the year eighteen hundred and seventy-six, and annually thereafter, at such time and place as the mayor may appoint. The unexpired term of office of all members and officers of the school committee as hitherto organized and established, shall terminate immediately upon the organ ization of the school committee elected under this act. SECT. 4. A majority of all the members of the school committee shall be necessary to constitute a quorum for the transaction of busiThey shall choose a secretary, not of their own number, who shall also serve as secretary to the board of supervisors, an auditing clerk, and such other subordinate officers as they may deem expedient, ness. and shall define their duties, fix their compensation, and may remove them at pleasure. duties of com 8 160. 105 Mass. 475. 133 Mass. 103. SECT. 5. The school committee shall have the supervision and Powers and direction of the public schools, and shall exercise the powers and per- mittee. form the duties in relation to the care and management of schools & Cush. 195. which are now exercised and performed by the school committee of 12 Gray, 339, said city, except so far as they may be changed or modified by this 116 Mass. 365. act, and shall have the powers and discharge the duties which may 123 Mass. 545. hereafter be imposed by law upon the school committees of cities and towns. They may elect teachers, and may discharge those now in office, as well as those hereafter elected. They shall appoint janitors 127 Mass. 290. for the school-houses, fix their compensation, designate their duties, and may discharge them at pleasure. They may fix the compensation of the teachers, but the salaries established at the commencement of each school year shall not be increased during such year. houses. SECT. 6. Whenever, in the judgment of the school committee, a Building or al new building, or any addition to, or alteration of, a building, is needed tering school. for school purposes, of an estimated cost of over one thousand dollars, they shall make a statement in writing to the city council, of the necessity of the proposed building, addition, or alteration; and no contract for the purchase or lease of land, or for the erection, purchase, or lease, of any building, or for any addition to, or alteration of, any building for school purposes, shall be authorized by the city council until such statement has been made, nor until the locality and plans for the same have been approved by the school committee, or by a sub-committee thereof, duly authorized to approve the same. SECT. 7. The school committee shall elect a superintendent of Superintendent and supervisors schools and a board of supervisors, consisting of not more than six to be elected by members, and shall define their duties and fix their compensation. committee. The superintendent and the members of the board of supervisors shall hold office for the term of two years, unless sooner removed; and they may be removed for cause at any time by the school committee. No member of either branch of the city council, or of the school committee, shall hold the office of superintendent or supervisor, and no member of either branch of the city council shall be a member of the school committee. The superintendent shall be a member of the board of supervisors, and shall, when present, preside at their meetings. SECT. 8. The votes of a majority of the whole number of members Majority of of the school committee shall be necessary to elect the superintend- whole com mittee required ent of schools, the supervisors, the head masters of the Latin, normal to elect superinand high schools, the masters of the grammar schools, or the director of a special study or exercise. tendent, mas ters, etc. INTO AN ACT TO AUTHORIZE THE DIVISION OF THE CITY OF BOSTON Be it enacted, etc.: divided into twenty-four wards. SECTION 1. It shall be the duty of the city council of the city of City to be Boston, and it is hereby empowered, during the year eighteen hundred and seventy-five, and each tenth year thereafter in which a census shall be taken by authority of the commonwealth, to cause a new division of the city to be made into twenty-four wards, in such manner as to include an equal number of voters in each ward, as nearly as conveniently may be, consistently with well defined limits to each Election of members of common council. 1876, 225, § 8. 1876, 242. Ward officers. Repeal of 1854, 448, § 20. ward, and until such division is made, the boundary lines of the wards shall remain as established. The city council may, also, from time to time, prescribe a place in each ward at which elections shall be held. SECT. 2. At the municipal election in the year eighteen hundred and seventy-five, and every year thereafter, the qualified voters of each ward shall bring in their votes for three able and discreet men, qualified voters in said ward, to be members of the common council for the ensuing year; and all the ballots so given in each ward, being sorted, counted, and declared, a public declaration of the result shall be made by the warden in open ward meeting; and a record of such proceedings shall be kept by the clerk in his journal, stating the number of ballots given for each person, written in words at length. SECT. 3. The terms of office of all ward officers heretofore chosen shall expire on the day before the next annual municipal election; and the mayor and aldermen shall appoint from the legal voters of each ward, as established under the first section of this act, a warden, clerk, and four inspectors of elections, who shall officiate in their several capacities, on the day of said municipal election, upon being duly qualified, and who shall hold their several offices until the first Monday of January, eighteen hundred and seventy-six. At the municipal election of the year eighteen hundred and seventyfive, and every year thereafter, ward officers shall be elected according to law. SECT. 4. Section twenty of chapter four hundred and forty-eight of the acts of the year eighteen hundred and fifty-four, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed; but nothing contained in this act, or in the proceedings which may be had by virtue of the authority conferred by it upon the city council, shall be held to alter the method of election, or qualifications of the ward officers, or to alter the boundaries of the jurisdiction of the several municipal courts of the city of Boston, as they are now established by law. SECT. 5. This act shall take effect upon its passage. [1854, 448; 1876, 242.] May 19, 1875. Government to be in seven directors. Proceedings confirmed. AN 1876. - CHAPTER 11. ACT TO CHANGE THE TIME OF ELECTION OF THE DIRECTORS OF Be it enacted, etc.: SECTION 1. Section six of chapter one hundred and seventy-three of the acts of eighteen hundred and fifty-nine is hereby amended so as to read as follows: The government of the company shall be in seven directors, five of whom shall be chosen annually, at such time as the stockholders may from time to time determine, together with one to be appointed by the governor of the commonwealth, and one to be appointed by the mayor of the city of Boston; and the board thus created shall elect one of their number president, and such other officers as may be deemed necessary. SECT. 2. The elections of directors, and other proceedings which have taken place at the annual meetings of said corporation which have been held in November, are hereby confirmed and made valid to the same extent as if said meetings had been held in October. This act shall take effect upon its passage. SECT. 3. [1859, 173.] February 21, 1876. |