by means of a bridge or embankment to be used as a roadway. In any construction over tide water, said city shall be subject to the direction of the harbor commissioners in the manner pointed out in chapter four hundred and thirty-two of the acts of the year eighteen hundred and sixty-nine. SECT. 2. The city of Boston shall have authority to take such May take land and buildings. lands, buildings, wharves, and structures, as may be necessary to accomplish the objects of the preceding section; and all damages to private property, and 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. This act shall take effect upon its passage. AN ACT RELATIVE TO AUDITING THE ACCOUNTS OF THE COUNTY OF Be it enacted, etc.: SUFFOLK.1 be auditor of SECTION 1. The auditor of accounts of the city of Boston shall be City auditor to the auditor of the county of Suffolk; and hereafter all bills for county Suffolk county. salaries, expenses, and disbursements shall be examined, audited, and 130 Mass. 486. allowed, by said auditor prior to the payment thereof. SECT. 2. There shall be paid to said county auditor, by the county Pay for services. of Suffolk, a sum not exceeding eight hundred dollars a year, and at the same rate for any part of a year; the same to be in full for all services rendered by him, and for all clerical assistance. SECT. 3. All acts and parts of acts inconsistent herewith are here- Repeal. by repealed. SECT. 4. This act shall take effect on the first day of May in the year eighteen hundred and seventy-nine. April 24, 1879. 1879. RESOLVES. CHAPTER 22. RESOLVES IN RELATION TO BACK BAY LANDS AND SEWERAGE. to Boston and Resolved, That the land commissioners, or their successors in Commissioners office or authority, may sell and convey to the Boston and Albany may sell land Railroad Company the land on the corner of Boylston and Exeter Albany Railroad Company. streets, adjoining land now owned by said company, together with the passage-way on the southerly line of the aforesaid land of the commonwealth, on such terms and conditions as the governor and council may approve. Resolved, That the land commissioners, or their successors in office May convey to or authority, may convey to the city of Boston so many of the passage-way sewers, belonging to the commonwealth, on the Back Bay territory, as may be deemed expedient, on such terms as the governor and council may approve. March 12, 1879. Boston passage. way sewers. 1 The provisions of this statute are now embodied in P.S. 23, §§ 34, 35. Smoking in streets. AN ACT TO REPEAL THE LAW FORBIDDING Be it enacted, etc.: OF BOSTON. SMOKING IN THE STREETS Section ten of chapter one hundred and seventy-one of the acts of the year eighteen hundred and eighteen is hereby amended by striking out the words "or shall smoke, or have in his or her possession, any lighted pipe or cigar, in any street, lane, or passage-way, or on any wharf, in said town." [1817, 171.] February 27, 1880. Names of streets 1884, 278. Street commis AN ACT IN RELATION ΤΟ NAMES OF PUBLIC WAYS IN THE CITY OF Be it enacted, etc.: name. SECT. 2. SECTION 1. From and after the date of the passage of this act and ways not to 110 name shall be newly assigned to any public way in the city of be duplicated. Boston by which any other public way is already called, whether under the title of street, avenue, court, place, alley, or other descriptive title; but any way not affording continuous passage for teams between two other ways may be termed a court or place, and receive the name of any way with which it communicates. And any extension or continuation of a public way may be called by the same The names of all public ways hereafter laid out by the sioners to fix board of street commissioners of the city of Boston shall be fixed names of streets by a vote of said board. Such vote shall take effect upon such laying out, shall be published in such manner as said board shall direct, and shall be certified by the clerk of said board to the register of deeds for the county of Suffolk. The names of all public ways not already fixed, and changes in the names of ways, may be made by the same authority, confirmed by the board of aldermen of said city, and not otherwise. Such changes shall take effect on the first day of March of each year, shall be published in such manner as the board of aldermen shall direct, and shall be certified by the city clerk to the register of deeds for the county of Suffolk. hereafter laid out. 1884, 278. Repeal of 1868, 199. SECT. 3. Chapter one hundred and ninety-nine of the laws of eighteen hundred and sixty-eight is hereby repealed. SECT. 4. This act shall take effect upon its passage. RELATING TO THE LICENSING OF CONDUCTORS, DRIVERS, AND DISPATCHERS OF HORSE-CARS, IN THE CITY OF BOSTON. Be it enacted, etc.: SECTION 1. Section one of chapter fifty-nine of the acts of the year eighteen hundred and seventy-nine is amended in the tenth line,' by inserting after the word "may," the words "after due notice and 1 In the eighth line of this reprint. 66 1879, 59, §§ 1, 5. a hearing." Section five of said act is amended by striking out in the Amendment of fifth line the word "twelve," and inserting the word two," and by adding, at the end of the section, the words "unless by the assent of said commissioners." SECT. 2. This act shall take effect upon its passage. [1879, 59.] March 16, 1880. 1880. CHAPTER 107. AN ACT IN RELATION TO PENSIONING DISABLED MEMBERS OF THE FIRE Be it enacted, etc.: SECTION 1. The board of fire commissioners of the city of Boston, Members of fire by the affirmative vote of all the members, and with the approval of department may be retired upon the mayor, may retire from office in the fire department any perma- pensions. nent or call member thereof who has become disabled while in the actual performance of duty, or any permanent member who has performed faithful service in the department for a period of not less than fifteen consecutive years, and place the member so retired upon a pension roll. No such member shall be placed on the pension roll unless it shall be certified to the board, in writing, by the city physician that such member is permanently incapacitated, either mentally or physically, from performing his duty as a member of the department. In case of total permanent disability caused in, or induced by, Pension to be the actual performance of his duty, the amount of annual pen- if disability is sion shall be one-half of the annual compensation allowed to the total. permanent men of the grade in which said member served, or such less sum as the said board may determine. The pension of members of the permanent force who have served fifteen or more consecutive members who years shall be an amount not exceeding one-third the annual salary fifteen years. or compensation of the office from which said members are retired, or such less sum as the board may determine. one-half of pay, Pension of have served widow. SECT. 2. If any member of the said fire department shall die from If member dies injuries received while in the discharge of his duties, and shall leave a from injuries, annuity to be widow, or, if no widow, any child or children under the age of sixteen paid to his years, a sum not exceeding three hundred dollars may be paid by way of annuity to such widow so long as she remains unmarried, or to any such child or children so long as he or they continue under the age of sixteen years, and the board of fire commissioners may from time to time order such annuity to be reduced. children of fire line of duty. SECT. 3. For the purpose of carrying out the provisions of the Relief of foregoing sections, the board of fire commissioners may, with the ap- widows and proval of the mayor, expend such sums as may be specially appropri- men who have ated therefor by the city council for the relief of widows or children been killed in of members of the fire department who have been killed in the execution of their duty, or have died from the effects of injuries received in the execution of their duty. For the payment of the pensions hereinbefore authorized, the board of fire commissioners may draw, from time to time, upon the city treasurer of Boston, any sums which may be specially appropriated therefor by the city council. to be a body SECT. 4. The mayor of the city of Boston, for the time being, and Mayor and fire his successors in office, the board of fire commissioners of the city of commissioners Boston, for the time being, and their successors in office, shall, together, corporate for continue a body corporate for the purposes of receiving and holding purposes of holding funds. all sums of money, and real and personal estate not exceeding in the 1881, 22. 1 In the fourth line of this reprint. the Boston Fund. aggregate two hundred thousand dollars which may be given, granted, bequeathed, or devised, to it for the benefit of members of the Boston fire department or their families requiring assistance, or for the benefit of any persons or the families of any persons who have been such To be known as members requiring assistance. The property so held shall be known Firemen's Relief as the Boston Firemen's Relief Fund. The said body corporate shall have authority to manage and dispose of the same, and the income thereof, according to their best discretion, subject to the provisions of any and all trusts which may be created for the purposes aforesaid. Said corporation shall have all the powers and privileges and be subject to all the duties, restrictions, and liabilities, set forth in all general laws which are now, or may hereafter be, in force relating to similar corporations. Powers and duties. SECT. 5. This act shall take effect upon its passage. [1850, 262; 1873, 258; 1881, 22.] March 17, 1880. May construct highway and bridge acros8 Charles river. May reconstruct and widen 1880. CHAPTER 125. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO CONSTRUCT AND MAIN- Be it enacted, etc. : SECTION 1. The city of Boston, if, in the judgment of its city council, the public convenience and necessity require, may lay out, construct, and maintain, a highway and bridge, not to exceed one hundred feet in width, across Charles river, from some point on the northerly side of Causeway street, between Beverly and Prince streets, to some point on the southerly side of Water street, between Warren avenue and the easterly side of Charles river avenue. SECT. 2. The city of Boston, if, in the judgment of its city council, Warren bridge. the public convenience and necessity require, may reconstruct and widen, to a width not exceeding eighty feet, the present Warren bridge, and may construct fender guards, make changes in the draw and draw piers, and do such other acts as they may deem necessary, expedient, or convenient, in the premises, to secure a bridge and road which shall safely and conveniently accommodate public travel and navigation. May take lands, wharves, etc. Subject to general laws. P.S. 19, §§ 12, 13. SECT. 3. To secure and accomplish the objects and purposes of the preceding sections, the city of Boston may take such lands, buildings, wharves, and structures, as it may deem necessary; and all damages to private property, for land taken under this act, shall be ascertained as in the case of the laying out of highways in the city of Boston. SECT. 4. In the exercise of the powers granted by this act, the city of Boston shall be subject to the provisions of chapter four hundred and thirty-two of the acts of the year eighteen hundred and sixty-nine, and all general laws applicable thereto. SECT. 5. This act shall take effect upon its passage. [1882, 138; 1883, 140; 1884, 327.] March 19, 1880. AN ACT IN 1880. CHAPTER 126. ADDITION TO THE ACTS FOR THE PURPOSE OF SUPPLYING Be it enacted, etc.: new main pipes line to Boston. SECTION 1. For the purpose of supplying water to its inhabitants, May maintain the city of Boston is hereby authorized, by and through the agency of through Brookthe Boston water board, to lay and maintain new main pipes from its reservoir constructed under the provisions of chapter one hundred and thirty-one of the acts of the year eighteen hundred and sixty-five, through the town of Brookline to the city of Boston, in the manner provided in chapter one hundred and sixty-seven of the acts of the year eighteen hundred and forty-six; and, for this purpose, may take and hold by purchase, or otherwise, any lands or real estate necessary therefor; and lay said pipes over or under any water-course or any streets, turnpike roads, railroads, highways or other ways, in such manner as not to unnecessarily obstruct or impede the travel thereon; and may enter upon, and dig up, any such roads, streets, or ways, for May enter upon the purpose of laying down said pipe beneath the surface thereof, roads." and for maintaining and repairing the same; but always in such manner and with such care as not to render the roads, streets, and ways, unnecessarily unsafe or inconvenient to the public travel thereon. And said city of Boston in performing said work shall be subject to Subject to regu. such reasonable regulations as to time, place, and manner, of digging up any streets or ways of public travel for the purposes aforesaid and the laying of said pipes, as shall be made by the selectmen' of Brookline, within the limits of said town, for the protection of their rights of drainage and sewerage therein, and the public rights of passage thereon. and dig up lations of selectmen of Brookline. maintain pipes ville, and Med SECT. 2. For the purpose aforesaid, the city of Boston is likewise May lay and authorized, through the agency of the Boston water board, to lay and through Cammaintain a main pipe from any point on pipes authorized by the fore- bridge, Somergoing section, through the cities of Cambridge and Somerville and the ford. towns of Brookline and Medford to the Mystic pumping-station, so called, in the city of Somerville, and for this purpose shall have all the powers specified in the foregoing section, and shall be subject to such reasonable regulations of the city council of the cities of Cambridge and Somerville, and the selectmen of the towns of Medford and Brookline, within their respective limits, as may, by the foregoing section, be made by the selectmen of the town of Brookline. Said city of Boston shall not displace any public sewer or water pipe without the assent of the said city councils and boards of selectmen, respectively. Streets to be restored. SECT. 3. 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 cities of Cambridge and Somerville, and the towns of Medford and Brookline, 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 aqueduct, or the laying of said pipes, or by the maintaining or repairing of the same: provided, that the city of Boston shall have due and Proviso. reasonable notice of all claims for such damages or injury, and opportunity to make a legal defence thereto. SECT. 4. The city of Boston shall be liable to pay all damages Liability for that shall be sustained by any persons in their property by the taking damages. |