Hydrants to be established. May sell water to Cambridge. Subject to acceptance by city council. of any land or real estate, or the laying of said pipes, as aforesaid; and any person sustaining damage, as aforesaid, may have the same ascertained, determined, collected, and paid, in the manner which is provided in sections six, seven, and eight, of chapter one hundred and sixty-seven of the acts of the year eighteen hundred and forty-six. SECT. 5. Upon requisition by the respective city councils of the cities of Cambridge and Somerville, and the respective boards of selectmen of the towns of Medford and Brookline, prior to the laying of the said aqueduct and pipes through their respective limits, the city of Boston shall insert a number of hydrants in said pipes, at points not less than one thousand feet apart, to be used for extinguishing fires, free of charge, and for no other purpose; and said several cities and towns shall pay to the city of Boston the expense of inserting and keeping in repair such hydrants as shall have been so inserted, upon their requisitions aforesaid, within their respective limits. SECT. 6. The city of Boston is also authorized, if the Boston water board shall be of opinion that the supply of water is sufficient for the purpose, to sell water to the city of Cambridge, when conducted through the main pipes laid by virtue of the provisions of section two of this act, upon such terms as may be agreed upon by the city council of the city of Cambridge and said Boston water board. SECT. 7. This act shall take effect upon its acceptance by the city council of the city of Boston; but the powers conferred by section one of this act may be exercised without any obligation on the part of said city to exercise the powers conferred by section two. [1846, 167; 1865, 131; 1881, 129.] March 19, 1880. Aldermen may court-house. 1880.— CHAPTER 128. AN ACT TO PROVIDE FOR THE TAKING OF LAND AND THE ERECTION Be it enacted, etc. : SECTION 1. The board of aldermen of the city of Boston, acting as take land for a county commissioners for the county of Suffolk, are hereby authorized and empowered to take and hold, by purchase or otherwise, so much land as they may deem necessary for the erection thereon of a court-house by the city of Boston for the use of the courts of the Commonwealth within and for the county of Suffolk, and other purposes incidental thereto, and for a court-house yard for the same; and they may appropriate and use therefor any land now owned by the city. To file in registry of deeds a description of land taken. Liability for damages. If aldermen fail SECT. 2. The board of aldermen shall, within thirty days from the time when they shall take any parcel or parcels of land under this act, file, in the office of the register of deeds for said county, and cause to be recorded, a description of the land so taken, as certain as is required in a common conveyance of land, with a statement of the purpose for which it is taken; which description and statement shall be signed by the mayor of the city; and the city of Boston shall be liable to pay all damages that shall be sustained by any person or persons by reason of the taking of such land as aforesaid; such damages to be ascertained and determined in the manner provided for ascertaining and determining damages in case of the laying out, altering, or discontinuing, of ways within the city of Boston. SECT. 3. In case the board of aldermen of the city of Boston shall to take land, it fail, before the first day of December, eighteen hundred and eighty, to exercise the powers granted them in the foregoing sections, such may be taken by commissioners powers shall thereupon cease and determine. It shall then be lawful appointed by the supreme ju. for the supreme judicial court, or any justice thereof, sitting in the dicial court. county of Suffolk, either in term time or vacation, upon the petition of any ten citizens of the city of Boston, and after notice to said city, to appoint three discreet men, inhabitants of said city, to be a board of commissioners, who, upon such appointment, and upon being duly sworn to the performance of their duties, shall give public notice of their appointment, shall proceed to consider what site within said city is most suitable for a court-house for the county of Suffolk, and shall take, upon the site found to be most suitable by them, so much land as they may deem necessary for the purpose of a court-house for the use of the courts of the commonwealth within and for the county of Suffolk, and other purposes incidental thereto, and for a court-house yard for the same. The said taking shall set forth the parcel or pårcels of land taken, with a description thereof as certain as is required in a common conveyance of land, and such taking being duly signed by the said commissioners or a majority thereof, and returned to the supreme judicial court, sitting in said county of Suffolk, and having been confirmed by said court, or any justice thereof, shall thereupon vest the title to said land in the city of Boston, and render the said city liable to pay all damages for the said taking, as fully and completely in all respects as if said land had been taken by the board of aldermen acting as county commissioners by virtue of sections one and two of this act, in the manner and within the time herein provided. It shall thereupon be the duty of the mayor of the city of Boston to Mayor to file defile the said description of the lands so taken, with a statement of the so taken. purpose for which they have been taken, in the registry of deeds for the county of Suffolk. Said board of commissioners shall likewise Assessment of estimate,determine, and assess, all damages sustained by any persons by the taking of land or by other acts of said board in the execution of the powers vested in them by this act, and shall return their award of said damages to the supreme judicial court for the county of Suffolk, with their return of such taking, and the award of said board or the majority of them being returned and accepted by said court, shall be final, and judgment shall be entered and execution issued thereon, unless either the city of Boston, or any of the parties, shall claim a trial by jury as hereinafter provided. The board of commissioners shall be entitled to a reasonable compensation for their services, to be fixed by the court, and paid by the city of Boston, and any vacancy occurring in said board of commissioners may be filled by the said court. scription of land damages. SECT. 4. If either the city of Boston or any of the parties claim- Parties aggrieved may ing to have sustained damages by the taking of land or by other acts claim trial by of said board of commissioners, shall be dissatisfied with the amount jury. of damages awarded, the city of Boston, or such party, may, at the term at which such award was returned, claim, in writing, a trial in said court, and have a jury to hear and determine, at the bar of said court, all questions of fact relating to such damages, and to assess the amount thereof, in the same manner as is provided by law with respect to damages sustained by reason of the laying out of ways in the city of Boston; and the verdict of such jury being accepted and recorded by the said court, shall be final and conclusive, and judgment shall be rendered and execution issued thereon. be erected with time. SECT. 5. It shall be the duty of the city of Boston, acting by its Court house to city council, to erect within a reasonable time after any taking author- in a reasonable ized by this act, a suitable court-house for the use of the courts of the commonwealth in and for the county of Suffolk, and for other purposes incidental thereto, upon the land so taken. SECT. 6. The provisions of law in relation to the assessment of Betterment laws not to apply. betterments shall not be applicable to any of the takings of land under this act. SECT. 7. This act shall take effect upon its passage. March 22, 1880. May regulate by ordinances the size and shape 1880. CHAPTER 134. AN ACT AUTHORIZING THE CITY OF BOSTON TO MAKE ORDINANCES IN Be it enacted, etc. : SECTION 1. The city council of the city of Boston may make such ordinances in relation to the size and shape of all carriages, wagons, of vehicles and carts, trucks, sleighs, sleds, and other vehicles, and their loads, passing through the streets and public ways of said city, as it may deem necessary for the public safety and convenience, with penalties R.O. c. 26, § 46. for the violation thereof, not exceeding twenty dollars for each their loads. 2 Cush. 562. 109 Mass. 355. offence. SECT. 2. This act shall take effect upon its passage. March 24, 1880. Park commissioners may take land dedi. cated to use of the Arnold Ar. boretum. 1880. CHAPTER 144. AN ACT TO AUTHORIZE THE CONNECTION OF THE ARNOLD ARBORETUM Be it enacted, etc.: SECTION 1. In case the board of park commissioners of the city of Boston deem it desirable to take that tract of land in that part of the city of Boston known as West Roxbury, held by the president and fellows of Harvard College, and by them dedicated to the use of the Arnold Arboretum, so called, together with certain adjoining tracts, the property of other parties, deemed by said commissioners convenient and necessary for use in connection therewith, for the purposes and under the powers and limitations set forth in chapter one hundred and eighty-five of the acts of eighteen hundred and seventyMay lease por five, and acts in addition thereto and amendment thereof, the city of tion of land taken to Harvard College. Boston is hereby authorized to lease such portion of said arboretum, and adjoining tracts so taken, as the said board of park commissioners may deem not necessary for use as park-ways and grounds, to the president and fellows of Harvard College, to be held by them to the same uses and purposes as the arboretum is now held under the trusts created by the wills of Benjamin Bussey and of James Arnold; and for such a term, and upon such mutual restrictions, reservations, covenants, and conditions, as to the use thereof by the public, in connection with the uses of the same under said trusts, and as to the rights, duties, and obligations, of the contracting parties, as may be agreed upon between said commissioners and said president and fellows. The board of park commissioners, on the part of the city of Boston, and the president, on behalf of the president and fellows of Harvard College, are respectively authorized to execute and deliver said lease. SECT. 2. This act shall take effect upon its passage. [1875, 185.] March 29, 1880. 1880. CHAPTER 159. AN ACT IN RELATION TO CHELSEA BRIDGE. Be it enacted, etc.: tain certain SECTION 1. Upon the payment of the sum of twenty-five thousand Boston to maindollars by the city of Chelsea to the city of Boston, it shall thereupon parts of Chelsea be the duty of the city of Boston to forever maintain and keep in bridge, upon payment of repair the north-easterly draw and draw-piers of Chelsea bridge, and $25,000 by Chelalso such portion of the bridge as may be included within the piers when re-located. sea to Boston. fects in bridge. Upon the payment aforesaid, the city of Boston shall, in addition Liability for deto its existing liability, under the laws of this Commonwealth, for damages resulting from defects in said bridge, be likewise liable, under said laws, for all such defects in that portion of said bridge whereof by this act it assumes the maintenance and repair. ton in recon SECT. 2. For the purpose of reconstructing said Chelsea bridge, Powers of Bosunder the provisions of chapter one hundred and six of the laws of struction of the year eighteen hundred and seventy-six, the city of Boston shall bridge. have, with reference to that portion of said bridge the maintenance and repair of which was newly imposed upon the city of Boston by chapter forty-one of the laws of the year eighteen hundred and seventy-eight, and that portion to be maintained and kept in repair under the first section of this act, all the powers, with reference to said portions, conferred by said chapter one hundred and six of the laws of the year eighteen hundred and seventy-six, upon the city of Chelsea. The city of Boston is authorized, at its discretion, to Temporary carconstruct a temporary carriage-way, in addition to the footway mentioned in section five of chapter one hundred and six of the laws of eighteen hundred and seventy-six, with the exemption from liability therein set forth. riage-way. porary structure SECT. 3. Said city of Boston is further authorized to build a May build tem temporary structure upon which the Lynn and Boston Railroad for Lynn and Company may run its cars at its own risk, while said city is Boston Railroad. rebuilding any portion 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 said city shall not be Proviso. liable to any person or corporation by reason of maintaining said temporary structure, or by reason of any defect therein; and pro- Proviso. vided, also, that nothing contained in this section shall be construed to prohibit said city from closing said bridge, or any portion thereof, to public travel, whenever it shall become necessary in the construction thereof. tic river not to SECT. 4. Nothing in this act shall permit any obstruction of the Channel of Mys main chaunel of Mystic river by such temporary structures or other- be obstructed. wise. SECT. 5. This act shall take effect upon its passage. AN ACT TO INCORPORATE THE TRUSTEES OF THE CITY HOSPITAL OF THE CITY OF BOSTON. Be it enacted, etc.: Trustees of the SECTION 1. The trustees of the city hospital of the city of Boston, city hospital infor the time being. are hereby made a corporation by the name of The corporated. May hold real and personal es tate not exceed ing $1,000,000. Money to be in vested by city treasurer. Trustees to be seven in number. Trustees of the City Hospital of the City of Boston; and said trustees, and their successors in office, shall continue a body corporate for the purposes hereinafter set forth, with all the powers and privileges, and subject to all the duties, restrictions, and liabilities, in the general laws relating to such corporations. SECT. 2. Said corporation shall have authority to take and hoid real and personal estate to an amount not exceeding one million dollars, which may be given, granted, bequeathed, or devised, to it, and accepted by the trustees, for the benefit of the city hospital of the city of Boston or any purpose connected therewith. Money received by it shall be invested by the treasurer of the city of Boston under the direction of the finance committee of said city; and all securities belonging to said corporation shall be placed in the custody of said treasurer: provided, always, that both the principal and income thereof shall be appropriated according to the terms of the donation, devise, or bequest, under the direction of said corporation. SECT. 3. The trustees of the city hospital shall be seven in number. In the month of April in the year eighteen hundred and eighty, and annually, thereafter, in the month of January, the city council shall elect, by concurrent vote of the two branches, one member of the board of aldermen, and one member of the common council, to be members of said board of trustees, to hold office during the remainder of the municipal year in which they are elected, and until others are elected in their places. And in the month of April, in the year eighteen hundred and eighty, the mayor shall appoint, subject to the confirmation of the city council, five citizens of Boston, not members of the city council, to be members of the board of trustees of the city hospital, one of whom shall hold office for five years, one for four years, one for three years, and one for two years, and one for one year; and upon such election, and such appointment and confirmation, the terms of office of the trustees of the city hospital then Appointment of holding office shall cease and determine. And annually, thereafter, in the month of April, in each year, the mayor shall appoint, subject to the confirmation of the city council, one citizen at large as a trustee of the city hospital, to serve for a term of five years from the first Monday in May, in the year in which he shall be appointed. The trustees shall at all times be subject to removal from oflice for cause, by a vote of two-thirds of each branch of the city council present and voting thereon. Whenever any vacancy shall occur in said board of trustees by death, resignation, or otherwise, said vacancy shall be filled by the election or appointment, in the manner aforesaid, of another trustee, who shall hold office for the residue of the unexpired term. No member of said board of trustees shall receive any pecuniary compensation for his services. trustees. Subject to removal for cause. Organization of board. Proviso. Trustees to have general care and pital. SECT. 4. The members of said board shall meet for organization annually, on the first Monday of May, and choose one of their number as president. They shall have power to make such rules and regulations relating to said city hospital, and its officers and servants, and to fix and. enforce penalties for the violation of such rules and regulations, as they may deem expedient: provided, that the same shall not be inconsistent with the provisions of this act, and shall be subject at all times to such limitations, restrictions, and amendments, as the city council may direct. SECT. 5. The said trustees shall, subject to the direction of the control of hos- city council, by ordinance or otherwise, have the general care and control of the city hospital and of all branches thereof, which have been, or which may hereafter be, established, together with the buildings and rooms containing the same, and the fixtures and furniture |