serve without pay from the city, under such rules and regulations as the commissioners deem expedient, with the power of police-officers to preserve order and to enforce the laws and the ordinances of the city, in and about any place of amusement, place of public worship, wharf, manufactory, or other locality, specified in the application : Bond required. provided, that such corporations or persons shall give bond to the city treasurer, satisfactory to the city solicitor, to be liable to parties aggrieved by any official misconduct of such police-officer to the same extent as for the torts of agents and servants in their employment; and proceedings may be had upon said bonds in the same manner as upon the bonds of constables. A record of such appointments shall be kept in the office of the commissioners; and any appointments so made may be revoked by the said commissioners at any time. Commissioners may appoint men without pay. SECT. 7. The said board of police commissioners may, upon an special patrol- emergency or apprehension of riot, tumult, mob, insurrection, pestilence, or invasion, appoint as many special patrolmen, without pay, from among the citizens, as they may deem desirable. During the service of any special patrolman authorized as aforesaid, he shall possess all the powers and privileges, and perform all the duties, that may be by orders, rules, and regulations, from time to time prescribed. SECT. 8. The mayor of the city of Boston shall have power at all mand of police times, in any emergency, of which he shall be the judge, to assume command of the whole or any part of the police force in said city. Mayor may assume com force. SECT. 9. The city council of Boston shall have power to pass such ordinances, not inconsistent herewith or repugnant to other laws of this commonwealth as to the duties and authority of said board of police commissioners, as it may from time to time deem expedient and necessary. SECT. 10. The members of the Boston police force, in office when the said police commissioners are first appointed, shall continue to hold their several offices until removed or placed on the retired list by the said commissioners; and the present rules and regulations of the board of aldermen for the government of the police, shall continue in force until otherwise ordered by the said commissioners. SECT. 11. All acts or parts of acts inconsistent herewith are hereby repealed. SECT. 12. This act shall take effect upon its passage. [1854, 448; 1879, 38, 59, 97; 1882, 267; 1883, 14.] May 14, 1878. Innholders, etc., to be licensed by police commissioners. 101 Mass. 214. Licenses to expire on the first Hey of May. 1879. CHAPTER 38. AN ACT IN RELATION TO THE LICENSES OF INNHOLDERS AND COMMON Be it enacted, etc.: SECTION 1. All provisions of law applying to the mayor and aldermen of the city of Boston relative to the licensing of innholders and common victuallers, shall hereafter apply to the board of police commissioners in said city, instead of said mayor and aldermen; but no innholder's or common victualler's license issued by said board shall be valid unless signed by a majority of the members thereof. SECT. 2. All licenses hereafter issued to innholders and common victuallers in said city, shall expire on the first day of May next after they take effect. Such licenses, for one year, may be granted during the month of April, to take effect on the first day of May next following, and such licenses may be granted at any time for the remainder of the year. The licenses already granted to innholders and common victuallers in said city, to expire on the first day of April next, shall, unless sooner revoked for cause, continue in force until the first day of May next. SECT. 3. This act shall take effect upon its passage. [1878, 244; P.S. 102.] February 18, 1879. AN ACT TO PROVIDE FOR LICENSING CONDUCTORS, DRIVERS, AND DE SPATCHERS OF STREET RAILWAY CARS, IN THE CITY OF BOSTON. Be it enacted, etc.: drivers of street SECTION 1. The board of police commissioners of the city of Conductors and Boston shall, upon the recommendation of the president, superintend- cars to be ent, or board of directors, of any street railway corporation using the police commis licensed by streets of said city, issue licenses from time to time to the conductors sioners. and drivers of the street cars of the said several street railway corporations, and also to the persons employed to start or despatch the cars of said corporations from the stables, stations, depots, and other places, within said city; and said board of police commissioners License may be may revoked for revoke any such license at any time for sufficient cause. Such cause. licenses shall continue and remain in force until surrendered by the 1880, 99 licensee or until revoked by said board of police commissioners, and shall contain such provisions and conditions as said board shall determine provided, however, that the fee to be paid for each license shall not exceed the sum of twenty-five cents. Amended by licenses to be of presi SECT. 2. A record of the issue, surrender, and revocation, of such Record of licenses, shall be kept at the office of said board of police commis- open to inspecsioners, and shall be open at all times to the inspection of the presidents, etc., of dents and superintendents of the several street railways using the roads. streets in said city; and whenever any such license is revoked by the board of police commissioners, notice thereof shall be transmitted to the presidents or superintendents of said street railways and to the licensee. sioners to use of tracks, SECT. 3. Said board of police commissioners shall require the Police commismembers of their department to observe and direct the persons enforce all laws, licensed under this act, and to cause them to conform to the laws of etc., relating to the commonwealth, the ordinances of the city of Boston, the regula- etc. tions of the board of aldermen of said city, and the rules of said board of police commissioners relating to the use of the tracks, the speed of the horses, and especially to the obstructions of public travel, by the management of the street cars; said police-officers shall secure the Police officers to necessary testimony, and shall report to the board of police commis- and report viosioners every instance of the wilful or persistent violation by any lations of law. licensee of any such law, ordinance, regulation, or rule, or any refusal to obey the request of said officers respecting the management of any street car. secure testimony etc., without a SECT. 4. Any person who shall drive any horses attached to any Penalty for street car in any street in the city of Boston, except at the stables of acting a driver, said corporations, or shall act in the capacity of conductor, starter, license. or despatcher, at any place within the limits of said city, without being licensed therefor, as herein provided, or who shall act in such capacity in violation of the provisions or conditions, or after the revocation of such license, shall forfeit and pay a sum not exceeding twenty dollars for each offence. new license SECT. 5. No person whose license shall have been revoked pur- Not to receive suant to the provisions of this act, shall be reinstated, or receive a within twelve months of revocation. Amended by 1880, 99. new license as conductor, driver, starter, or despatcher, on any street railway in the city of Boston, within a period of twelve months from the date of the revocation of his license. [1880, 99.] February 26, 1879. Pensions to disabled policemen. 1879. CHAPTER 97. AN ACT RELATIVE TO PENSIONS TO DISABLED POLICE-OFFICERS OF THE Be it enacted, etc.: SECTION 1. Section five of chapter two hundred and forty-four of the acts of the year eighteen hundred and seventy-eight shall be construed to apply to the police-officers therein named who have become connected with the police department of the city of Boston by the annexation of any other city or town to said city of Boston; and the service of such officer in any such city or town before annexation, shall be reckoned in making up the number of years' service required under said section; and any such officer who has been discharged from said department since said section went into effect shall be entitled to the benefits of said section from the date of such discharge. SECT. 2. This act shall take effect upon its passage. [1878, 244.] March 10, 1879. City may divert sewage now discharged into 1879. CHAPTER 98. AN ACT IN RELATION TO THE DISCHARGE OF SEWAGE INTO THE ROX- Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized to divert, by temporary structures, the sewage now discharged into the Roxbury Roxbury canal. canal west of the easterly line of East Chester park, so that it shall discharge into said canal east of said easterly line; and said diversion may continue until the system of improved sewerage now being constructed in said city shall be in practical operation, but no longer. SECT. 2. The city of Boston is hereby authorized to construct and storm overflow. maintain a storm overflow from said system of improved sewerage, the said storm overflow to empty into said Roxbury canal east of the easterly line of East Chester park. May construct and maintain a Canal to be dredged by city whenever ordered by state board of health. Expense of dredging to be assessed upon abutters. SECT. 3. Whenever in the opinion of twenty or more property tax payers of the city of Boston, resident within the ward or wards in which that portion of Roxbury canal east of Chester park lies, that part of the canal used as a storm overflow canal or basin shall require cleansing or dredging they shall, state the fact in writing to the state board of health, who shall, within thirty days after receipt of such notice, inspect said canal or basin, and if, in their judgment, it shall require cleansing or dredging, they shall direct the city of Boston so to cleanse or dredge within thirty days after receipt of such notice, and when so directed the city of Boston shall, within the time specified, cleanse or dredge such basin or channel in a manner satisfactory to the state board of health, who shall, upon the completion of the work, indorse upon the order directing the same to be done, its approval thereof, with the date of said indorsement. SECT. 4. Upon the completion of said cleansing or dredging by the city of Boston, and the receipt of the approval of the state board of health thereon, the city of Boston may submit to the state board of health sworn itemized statements of the costs thereof, with vouchers therefor, of which sum the board of health shall then proceed to assess such portion or portions as they shall deem just and equitable upon the wharves and lands adjoining or abutting upon said canal or basin; but they shall have power to make assessments upon the several wharves and lands only for the expense of removing deposits caused by the owners or occupants thereof respectively. wharves and SECT. 5. All assessments made under this act shall constitute a Assessments to lien upon the wharves and lands so assessed, for one year after the been upon assessment is made, and as provided in section four of this act, and lands assessed. may be enforced in the same manner, with like charges for cost and interest as provided by law for the collection of taxes; and all said assessments which shall remain unpaid after the same become due or payable, shall draw interest from the time the same become due or payable until the time of payment thereof. SECT. 6. Any assessment made under this act, which is invalid by Assessment invalid by error reason of any error or irregularity in the making thereof, and which immaking may has not been paid, or which has been recovered back, may be made be made anew. by said state board of health to the amount for which the original assessment ought to have been made, and the same, if made upon a wharf or land, shall be a lien upon such wharf or land, and be collected in the same manner as reassessed taxes are. grieved may ap SECT. 7. Any person aggrieved by an assessment made under this Person agact may apply by petition to the superior court for the county of ply to superior Suffolk, at any term thereof within one year after said assessment is court within one made; and, after due notice to the city of Boston, a trial shall be had at the bar of the court, in the same manner in which other civil causes are there tried by jury. year. SECT. 8. If the jury shall not reduce the amount of the assess- Costs. ment complained of, the city of Boston, as respondent, shall recover costs against the petitioner, which costs shall be a lien upon said wharves and land, and be collected in the same manner as the assessment; but, if the jury shall reduce the amount of said assessment, the petitioner shall recover costs from said city of Boston, and all assess- Assessments to ment sshall be a lien upon said wharves and lands, for one year after year after final the final judgment, in any suit or proceeding where the amount or vajudgment. lidity of the same is in question, and be collected in the same manner as original assessments. be a lien for one SECT. 9. All acts and parts of acts inconsistent herewith are Repeal. hereby repealed. SECT. 10. This act shall take effect upon its passage. 1879. CHAPTER 163. March 10, 1879. AN ACT IN ADDITION TO "AN ACT IN RELATION TO REGISTRATION AND Be it enacted, etc.: in wards twenty ty-five. SECTION 1. On or before the first day of May, in the current year, Voting precincts the board of assessors of taxes in the city of Boston shall divide the three, twentywards numbered twenty-three, twenty-four, and twenty-five, of said four, and twen city, into the same number of voting precincts to which said wards were entitled, under chapter two hundred and forty-three of the acts of the year eighteen hundred and seventy-eight; said division to have reference to convenience of neighborhoods, and to remain in force until the new division of wards shall take effect as provided in said chapter two hundred and forty-three. Wardens and clerks to hold cessors are chosen. Wardens and divided into SECT. 2. The wardens and clerks chosen in the several voting preoffice until suc. cincts of the city of Boston at the last state election shall hold their respective offices until the next annual city election, and until their successors are chosen. In case any ward shall be divided into new clerks, in wards voting precincts under the provisions of this act, the wardens and new precincts. clerks chosen within the limits of such wards at the last state election shall, until others are chosen, act in the voting precinct which shall bear the same numerical designation as that for which they were reAppointment of spectively chosen at said state election. The mayor and aldermen and inspectors. shall, previous to any election during the current year, appoint from the legal voters in each additional voting precinct which may be established, one warden, one clerk and two inspectors. The inspectors so appointed shall be selected from different political parties, and all such officers shall hold office until others are chosen in their place, as now provided by law. warden, clerk, SECT. 3. This act shall take effect upon its passage. [1878, 243; 1880, 225; 1881, 221.] March 26, 1879. Compensation of street commissioners. 1879. CHAPTER 198. AN ACT IN RELATION TO THE COMPENSATION OF STREET COMMISSIONERS Be it enacted, etc.: SECTION 1. Section four of chapter three hundred and thirty-seven of the acts of the year eighteen hundred and seventy is hereby amended by striking out the words "three thousand" therein, and inserting instead thereof the words "two thousand." SECT. 2. This act shall take effect upon its passage. 66 Additional pow. ers for laying main sewer to Moon island. AN ACT IN ADDITION TO AN ACT TO EMPOWER THE CITY OF BOSTON Be it enacted, etc.: SECTION 1. The city of Boston shall have authority, in addition to 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, reservoirs, and other structures, on the main land, at or near the shore of the Calf pasture, so called, in Dorchester bay, thence to conduct said sewer by means of embankments, and of a tunnel or siphon, not less than six thousand five hundred feet long, under the bottom of the harbor to that part of the town of Quincy called Squantum, thence along or across said Squantum, and the flats and waters adjacent thereto, to Moon island; or said city may build the sewer or siphon under the bottom of the harbor on a nearly direct line from said Calf City may build pasture to Moon island. Said city shall have authority to build and maintain a reservoir or reservoirs, a pumping-station, whar ves, and dwelling-houses, and such other works as are essential to a proper and convenient discharge of the sewage at Moon island. Said city shall have further authority to connect Moon island with Squantum reservoirs, etc. |