AN ACT RELATING TO PUBLIC URINALS IN THE CITY OF BOSTON. Be it enacted, etc.: may be main council. SECTION 1. The city of Boston, by vote of its city council, shall Public urinals have power to erect and maintain urinals for public use in any street, tained in Boston way, court, public square, common, or common lands, in said city, by vote of city and likewise in the public garden, so called, lying to the eastward of 130 Mass. 170. Arlington street therein. And any owner of land who suffers any injury in his property by reason of the construction of any urinal as aforesaid, may, at any time within one year after the construction is commenced, apply to the superior court for Suffolk county for assessment of his damages by a jury, and have his damages ascertained in the manner provided where land is taken in laying out highways. SECT. 2. This act shall take effect upon its passage. AN ACT FOR THE BETTER PROTECTION OF LIFE IN BUILDINGS OCCUPIED Be it enacted, etc.: school-houses, be deficient in be examined by alterations when spector. SECTION 1. Whenever it shall be reported to the inspector of Churches, buildings of the city of Boston, that any church, theatre, hall, or other etc., reported to building or structure, used or intended to be used temporarily or per- modes of egress manently for any public purpose, or any school-house or school-room in case of fire, to public or private, within the city of Boston, is deficient in proper inspector of facilities of egress in case of fire or accident, either in the number, buildings. width, construction, or arrangement of the entrances, aisles, passageways, or stair-ways, or by reason of inner doors opening inward, or from any other cause whatever, arising from the manner of construction or repair of the premises, it shall be the duty of the said inspector of buildings to inspect the same, and if, in his judgment, they are so Owner or occudeficient, he shall notify the owner or owners, occupant, lessee, or pant to make other person, having charge thereof, and require of him or them such notified by inincreased facilities of egress, as, in the judgment of the inspector, the security of the public in life and limb, in case of fire or accident, may require. The person or persons so notified shall be allowed fortyeight hours from the time of the service of the notice to begin the alterations required by the notice; and he or they shall employ sufficient labor to accomplish the same as expeditiously as may be. If he or they shall refuse or neglect to comply with the requirements of said notice as aforesaid, then a survey of the premises shall be made in the manner set forth in the thirteenth section of chapter two hundred and ninety-eight of the acts of the year eighteen hundred and seventy-three. Upon the report of the board of survey, if the same Supreme judishall declare that said premises are deficient in proper facilities of cial court may enjoin owners, egress in case of fire or accident, and upon the continued neglect or etc., from using premises, upon refusal of the owner or owners, occupant, lessee, or other person, a report of a having charge thereof, to provide the requisite increased facilities of board of survey. egress, then it shall be lawful for the supreme judicial court to issue an injunction forbidding or limiting the use of the premises in such manner as the safety of the public or of persons using the same may require. Such owner or owners, occupant, lessee, or other person, Penalty for neg lecting to make having charge of the premises, shall likewise be liable to a penalty of necessary altera not less than ten dollars nor more than fifty dollars, for every day's continuance of neglect or refusal to comply with the original notice tions. Combustible materials in buildings, and passage-ways to be made safe, upon order of the inspector. of the inspector of buildings, to be recovered by the city of Boston in an action of tort. SECT. 2. Whenever it shall appear to the inspector of buildings of the city of Boston that in any of the buildings or structures, or porobstructions in tions thereof, mentioned in the foregoing section, the security of the public is either temporarily or permanently endangered by the use of combustible stuff or materials, or that benches, chairs, stools, or other obstructions, are either temporarily or permanently placed in the aisles or passage-ways thereof, in such a manner as to prevent free egress in case of fire or accident, during the time when the same may be opened to the public, or that benches, chairs, or settees, are either temporarily or permanently so arranged as not to afford proper passage between them and sufficient egress in case of fire or accident, or that outer doors opening inward are not kept open when such buildings or structures are used by the public, the said inspector shall notify the owner or owners, lessee, occupant, or other person, having charge of the premises, and require him or them to make the premises Penalty for neg- safe, and if he or they shall refuse or neglect to do so, he or they shall be liable to a penalty of not less than fifty dollars nor more than five hundred dollars, for each offence, to be recovered by the city of Boston in an action of tort. lect. Outer doors opening inward, to be kept open' while buildings are used by the public. Repeal of 1871, 280, § 60. City of Boston SECT. 3. All outer doors of buildings and structures mentioned in section one of this act shall be kept open when such buildings or structures are used by the public, unless such doors open outwards, and except that fly-doors, opening both ways, may be kept closed. All inner doors of such buildings and structures shall be made so as to open outwards. SECT. 4. Section sixty of chapter two hundred and eighty of the acts of the year eighteen hundred and seventy-one is hereby repealed. SECT. 5. This act shall take effect upon its passage. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO RECONSTRUCT DOVER- Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized to repair, reconstruct and widen Dover-street bridge, so called, situated in said city, to a width not exceeding sixty feet; and may construct fenderguards, may change the location of the draw, and do such other acts as it may deem necessary, expedient, or convenient, in the premises, to secure a bridge and draw which shall safely and conveniently accommodate public travel and navigation; subject, however, to the P.S. 19, §§ 12, 13. provisions of chapter four hundred and thirty-two of the acts of the year one thousand eight hundred and sixty-nine. May take land, wharves, etc. Damages. SECT. 2. To secure and accomplish the objects and purposes of the preceding section, said city may take such lands, buildings, wharves, and structures, as it may deem necessary; and all damages to private property, or for land taken under this act, shall be ascertained, as provided in chapter forty-three of the general statutes. [1831, 71.] April 6, 1876. AN ACT AUTHORIZING THE CITIES OF BOSTON AND CHELSEA TO RECON Be it enacted, etc.: STRUCT CHELSEA BRIDGe.' may reconstruct SECTION 1. The city of Boston shall have authority to reconstruct City of Boston that part of Chelsea bridge now maintained by it, in the manner part of Chelsea following, to wit: to increase the width of said bridge to sixty-six bridge. feet, so that it shall be thirty-three feet in width on each side of the centre of the present bridge; to fill solid to said width the portion between the Charlestown end in the former city of Charlestown, to the harbor commissioners' line, and also the portion between the southerly sea-wall of the filled land of the Boston and Lowell Railroad Company, and the northerly sea-wall of the flats and filled land of the Mystic River Corporation; to change the location of the draw therein, and to build suitable draw-piers and fenders, subject, however, to the provisions of chapter four hundred and thirty-two of the acts of the P.S. 19, §§ 12, 13. year one thousand eight hundred and sixty-nine. In constructing the portions to be filled solid, the city of Boston shall have the option of building retaining walls, or bulkheads, or of sloping the sides to such an extent as may be necessary to build the roadway of the bridge to the width of sixty-six feet. may reconstruct SECT. 2. The city of Chelsea shall have authority to reconstruct City of Chelsea that part of Chelsea bridge now maintained by it in the manner part of Chelsea following, to wit: to increase the width of said bridge to the extent bridge. and in the manner herein before authorized to be done by the city of Boston; to fill solid to said width such portion of said bridge from the Chelsea end towards the draw as the harbor commissioners shall determine and permit to be filled, to the depth of not less than ten feet above mean low-water mark; to construct solid retaining walls for that purpose on both sides of said bridge, and, if said city of Chelsea shall so elect, to slope the westerly side instead of constructing said solid retaining wall; to change the location of the draw-piers and to build suitable piers and fenders for said draw; all subject, however, to the provisions of said chapter four hundred and thirty two. SECT. 3. To secure and accomplish the objects and purposes of the May take land, buildings, preceding sections, said cities may severally take such lands, build- wharves, etc. ings, wharves, and structures, as they deem necessary; and all damages to private property, or for land, buildings, wharves, or structures, taken under this act, shall be ascertained as prescribed in chapter forty-three of the general statutes, and be severally paid for by said cities provided, however, that nothing herein contained shall be con- Proviso. strued to compel payment for any land or property within the location of said bridge as originally laid out. sioners to desig may be taken for SECT. 4. Such city shall severally have the right to fill those Harbor commis portions of the bridge hereinbefore authorized to be filled solid, to nate places the depth of ten feet above mean low water mark, with material taken where material from flats or marsh between high and low water mark at such place filling. or places as shall be designated by the harbor commissioners, and in such case no other compensation for said filling shall be required from said cities. be maintained SECT. 5. Said cities of Boston and Chelsea are authorized, during Footwalk may the rebuilding of said bridge, to construct and maintain within their while bridge is said respective limits, a footwalk; but they shall be subject to no rebuilding. liability for damages for any injury suffered by any person, while passing over said footwalk by reason of any defect therein. 1 See Statutes and Ordinances (ed. 1876), p. 73. Obligations to keep in repair not affected. Temporary structure may of Lynn and Boston horse railroad. Proviso. SECT. 6. Nothing contained in this act shall affect any obligation existing on the part of any person or corporation to keep in repair any portion of the bridge, after the same shall have been rebuilt. SECT. 7. Either of said cities is authorized to build a temporary be built for use structure, upon which the Lynn and Boston Horse Railroad Company may run its cars at its own risk, while said city is rebuilding any part of said bridge, or said railroad company may build and use said temporary structure itself, subject to the approval of the harbor commissioners provided, that neither city shall be liable to any person or corporation by reason of maintaining said temporary structure, or by reason of any defect therein; and provided, also, that nothing contained in this section shall be construed to prohibit either city from closing said bridge, or any portion thereof, to public travel, whenever it shall become necessary in the construction thereof. Proviso. [1878, 41; 1880, 159.] April 6, 1876. City of Boston may maintain a charging at Moon island. 1876. - CHAPTER 136. MAINTAIN A AN ACT TO EMPOWER THE CITY OF BOSTON TO LAY AND Be it enacted, etc.: SECTION 1. The city of Boston shall have authority, in addition to main sewer dis- the powers now possessed by it, for the purpose of laying and maintaining a main sewer running south-easterly from the direction of Charles river, to build and maintain wharves, pumping works, and reservoirs, for said sewer, on the main land, at or near the mouth of Neponset river, thence to conduct said sewer, by means of a siphon or tunnel under the bottom of the harbor, at or near the mouth of said river, to that part of the town of Quincy called Squantum, thence along or across said Squantum and the flats adjacent thereto, to Moon island. Said city shall also have authority to build and maintain a reservoir or reservoirs at Moon island, and other works essential to a proper and convenient discharge of the contents of said sewers. In any construction over tide-water said city shall be subject to the direction of the harbor commissioners in the manner pointed out in chapP.S. 19, §§ 12, 13. ter four hundred and thirty-two of the acts of the year one thousand eight hundred and sixty-nine. May take lands, wharves, etc. Sewer may be used in common by Boston and Brookline, by agreement. SECT. 2. The city of Boston shall have authority to take such lands, buildings, wharves, and structures, as may be necessary to accomplish the objects of the preceding section; and all damages to private property, or for lands, buildings, wharves, or structures, taken under this act, shall be ascertained as prescribed in chapter forty-three of the general statutes, and paid by the city of Boston. SECT. 3. The city of Boston and the town of Brookline may contract with each other for the use and support in common of the city sewer now constructed in Beacon street in Boston and leading into Charles river, and for the building by said town, at its sole expense, within the limits of said city, of a sewer about nine hundred feet in length from the town line to connect the town drains with such city sewer, and for the support, at the joint and equal expense of each, of the outlet of the sewer and the carrying the same out farther into Covered channel Charles river if necessary; they may also contract with each other for the building and support in common of a new covered channel for Muddy river, such new channel to run from Tremont street along the line of division between said city and town and to empty into the pre for Muddy river. sent channel of Muddy river east of Aspinwall avenue; if it shall be necessary to take land for the purpose of carrying out the provisions of this section, said city and said town, each within its own territory, may take such land as may be necessary, and persons aggrieved by such taking shall have their damages ascertained and paid, and all the proceedings shall be conducted in conformity to the laws applicable to the laying out of town ways in said town, and highways in said city. April 11, 1876. [1879, 230; 1882, 256.] 66 1876. CHAPTER 144. AN ACT TO AMEND AN ACT TO INCORPORATE THE BUTCHERS' SLAUGHTER- Be it enacted, etc.: 1870, 365, § 6. SECTION 1. Section six of chapter three hundred and sixty-five of Amendment to the acts of the year eighteen hundred and seventy is hereby repealed; and sections two and four of said act are hereby amended by striking out the words "state board of health" where they occur in said sections and substituting, in place thereof, board of health of the city of Boston. be done only at SECT. 2. From and after the first day of June in the year eighteen Slaughtering to hundred and seventy-six, the business of slaughtering shall not be con- premises of asducted within the limits of the city of Boston, except upon the prem- sociation. ises of the Butchers' Slaughtering and Melting Association in said city. SECT. 3. The said association shall, within a reasonable time, Association to slaughter all slaughter all cattle, sheep, and calves, which may be brought to their cattle, etc., premises for that purpose by persons not occupying tenements therein, brought to them. whenever the accommodations under their control on said premises will permit. They shall also prepare the meat and other products of such animals for the market. They may charge, in addition to the offal from said animal, such price per head as may be mutually agreed upon; and in case of disagreement as to price, the same shall be fixed by the board of health of the city of Boston. inspectors. SECT. 4. Said board of health of the city of Boston is hereby au- Boston board of thorized to appoint one or more inspectors, to see that the rules and health to appoint regulations for the conduct of the business of the association for the time being are fully obeyed by said association and their tenants, and also to see that none but healthy animals are slaughtered; the salary or salaries of said inspector or inspectors to be established by the city council of said city of Boston. The said inspector or inspectors shall at all times have access to the premises of said association and any building thereon, and also to the premises, yards, or cars, of any railroad company within the city of Boston, for the purposes of examination, inspection, and seizure, of any meat or animals unfit for human food. slaughter of ani SECT. 5. Said board of health of the city of Boston is hereby To prevent authorized to make whatever regulations may seem to them fit in mal unfit for order to prevent the slaughter and sale of animals unfit for human food. food. [1870, 365.] April 17, 1876. |