Police court to have jurisdiction in cases of seizure of less than ten quarter casks of powder. 1 Met. 225, 232. AN ACT IN ADDITION TO AN ACT FURTHER REGULATING THE STORE- Be it enacted, etc.: SECTION 1. Whenever any quantity less than ten quarter-casks of gunpowder shall be seized and taken into custody by any one or more of the engineers of the fire department of the city of Boston, a libel or complaint may be filed in the clerk's office of the police court of said city of Boston, and the said police court of said city shall have jurisdiction thereof; and the like proceedings thereon (excepting a trial by jury), shall be had in said court as are provided for by the fifth section of the act passed on the twenty-fifth day of March, in the year one thousand eight hundred and thirty-three, to which this is an addition, in the like cases of seizures and proceedRight of appeal ings before the municipal court; saving always to any party aggrieved by any final judgment of said police court, the right of appeal and trial by jury in said municipal court. 1833, 151. provided for. Fines and penal ties, how sued for. 1837, 99. SECT. 2. All fines, penalties, and forfeitures, imposed by the act to which this is in addition, and by an act in further addition thereto, passed on the twenty-eighth day of March, in the year one thousand eight hundred and thirty-seven, may be sued for and recovered by the chief engineer, or any one or more of the engineers of the fire department of the said city of Boston, or by any person thereto authorized by a vote of the board of engineers of the said fire department. [1833, 151; 1837, 99; 1882, 269.] March 6, 1841. Establishment of branches of mation. Power of com. mitting children by municipal or police court. Repealed by 1847, 208, § 2. Right of appeal continued. 1843. CHAPTER 22. AN ACT CONCERNING THE HOUSE FOR THE REFORMATION AND EMPLOY- Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized to establish, in any building or buildings, or part of any building, used by said city, as a house of industry, or for any other purpose, a separate branch or branches of said house of reformation and employment, for females, or for the separate classification of such females. SECT. 2. [The municipal or police court of said city, upon the complaint, under oath, of the mayor, or any alderman thereof, or of any of the directors of the house of industry, or of the said house of reformation and employment, or of the overseers of the poor of said city, that any child or children live an idle and dissolute life, and that their parents are dead, or, if living, do, from vice, or any other cause. neglect to provide suitable employment for, or to exercise salutary control over, such child or children, shall have power, upon conviction thereof, to sentence such child, or children, to such house of reformation and employment, to be kept and governed according to law.] SECT. 3. Nothing herein is to be construed to take away the right of appeal, in the cases aforesaid, from the police court to the municipal court aforesaid. [1847, 208.] March 21, 1843. 1 Now municipal court. AN ACT AUTHORIZING THE BOSTON AND ROXBURY MILL CORPORATION Be it enacted, etc. : to the line estab St. 1841, c. 60. The Boston and Roxbury Mill Corporation, proprietors of a wharf To be extended in the westerly part of the city of Boston, lying at the westerly lished by St. end of Beacon street, and on the northerly side of said street 1840, c. 35, and and the western avenue, so called, and extending to, and bounding northerly on, the land now or formerly belonging to Jarvis Braman, are hereby authorized to extend and maintain their said wharf, into the harbor channel as far as the line established by an act entitled "an act concerning the harbor of Boston," passed on the seventeenth day of March, in the year one thousand eight hundred and forty, and by an act entitled "an act in addition to an act conconcerning the harbor of Boston," passed on the sixth day of March, in the year one thousand eight hundred and forty-one; and shall have the right and privilege of laying vessels at the end of said wharf, when extended, and of receiving dockage and wharfage therefor: provided, that so much of said wharf as shall be erected, under this Proviso. act, north of a line drawn parallel to the north wall of said avenue, and two hundred feet distant therefrom, shall be built on piles; and that no building shall be placed on said wharf south of a line drawn parallel to the line of the north wall of said avenue, and twenty feet distant therefrom, and that this grant shall in no wise interfere with the legal rights of any person or persons whatever: and provided, also, that the authorities of the city of Boston shall have the right to extend Byron street, so called, to the channel over the iand so made, Extension of and to lay, continue, and maintain, all necessary drains under the Byron street. same. March 6, 1844. 1845. CHAPTER 236. AN ACT CONCERNING STREETS AND WAYS IN THE CITY OF BOSTON. Be it enacted, etc.: vate property. to public use, SECTION 1. When any street or way, which now is, or hereafter Streets and shall be, opened in the city of Boston, over any private land, by the ways, being pri owners thereof, and dedicated to, or permitted to be used by, the but thrown open public, before such street shall have been accepted and laid out must be graded according to law, it shall be the duty of the owners of the lots abutting by abutters, etc. thereon to grade such street or way at their own expense, in such manner as the safety and convenience of the public shall, in the opinion or, etc., at ex ters, etc. of the mayor and aldermen of said city, require; and if the owners and, in case of of such abutting lots shall, after reasonable notice given by the said neglect, by maymayor and aldermen, neglect or refuse to grade such street or way in pense of abutmanner aforesaid, it shall be lawful for the said mayor and aldermen to cause the same to be graded as aforesaid, and the expense thereof shall, after due notice to the parties interested, be equitably assessed upon the owners of such abutting lots, by the said mayor and aldermen, in such proportions as they shall judge reasonable; and all assessments so made shall be a lien upon such abutting lands, in like manner as taxes are now a lien upon real estate: provided, always, that Proviso. nothing contained in this act shall be construed to affect any agreements heretofore made respecting any such streets or ways as aforesaid, between such owners and said city: provided, also, that any such grading of any street or way by the mayor and aldermen as No streets, etc., to be less than aforesaid, shall not be construed to be an acceptance of such street or way by the city of Boston. SECT. 2. No street or way shall hereafter be opened as aforesaid thirty feet wide, in said city, of a less width than thirty feet, except with the consent of said mayor and aldermen, in writing, first had and obtained for that purpose. except, etc. When to take effect. SECT. 3. This act shall take effect in thirty days from the passing thereof, unless the city council of said city shall, within that time, vote not to accept the same.' March 26, 1845. Ratification of acts done during absence of the mayor in 1845 and 1846. When to take effect. City may obtain water from Long pond, etc., in Natick, etc. May take and 1846. CHAPTER 50. AN ACT CONCERNING THE CITY OF BOSTON. Be it enacted, etc.: SECTION 1. All and singular the acts and doings of the board of aldermen of the city of Boston, or of the chairman thereof, during the year one thousand eight hundred and forty-five, and one thousand eight hundred and forty-six, purporting to have been official acts and doings on behalf of said city, in the absence of the mayor thereof, and which might have been legally done and performed by said mayor alone, or by said mayor and aldermen together, whether in relation to any deeds, leases, agreements, indentures, or assurances, drafts on the city treasury, or any other matter or thing within the official powers and duties of the said mayor alone, or said mayor and aldermen together; and whether by concurrent vote with the common council or otherwise, shall be deemed to have, and shall have, the same force and effect, to all intents and purposes, as if said acts and doings had been done and performed by said mayor alone, or by said mayor and aldermen together. SECT. 2. This act shall take effect from and after its passage. 1846.-CHAPTER 167. February 19, 1846. AN ACT FOR SUPPLYING THE CITY OF BOSTON WITH PURE WATER. Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized, by and through the agency of three commissioners, to be appointed in the manner hereinafter provided, to take, hold, and convey to, into and through the said city, the water of Long Pond, so called, in the towns of Natick, Wayland, and Framingham, and the waters which may flow into and from the same, and any other ponds and streams within the distance of four miles from said Long Pond, and any water-rights connected therewith; and may also take and hold, by purchase or otherwise, any lands or real estate necessary for laying and maintaining aqueducts for conducting, discharging, disposing of, and distributing, water, and for forming reservoirs; and may also take and hold any land on and around the margin of said Long Pond, not exceeding five rods in width, measuring from the verge of said pond, when the same shall be raised to a level of eight feet above the floor of the flume at the outlet thereof, and on and around the said other ponds and streams, so far as may be necessary for the preservation and purity of the same, for the purpose of furnishing a supply of pure water for the said city of Boston. The city of Boston shall, 1 This act took effect as herein provided, the city council having taken no action under this section. 100 Mass. 350. within sixty days from the time they shall take any lands, or ponds, or The city to file a streams of water, for the purposes of this act, file, in the office of the lands, ponds, or description of registry of deeds, for the county where they are situate, a description streams, taken. of the lands, ponds, or streams of water, so taken, as certain as is re- 120 Mass. 352. quired in a common conveyance of lands, and a statement of the 126 Mass. 422. purpose for which taken, which said description and statement shall be signed by the said mayor. aqueducts, cross and dig up SECT. 2. The said city may, by and through the same agency, May construct make and build one or more permanent aqueducts, from any of the dams, and reseraforesaid water-sources, to, into, and through, the said city, and secure voirs, etc., and and maintain the same by any works suitable therefor; may connect highways, etc. the said water-sources with each other; may erect and maintain dams to raise and retain the waters therein; may make and maintain reservoirs within and without the said city; may make and establish such public hydrants, in such places as may, from time to time, be deemed proper, and prescribe the purposes for which they may be used, and may change or discontinue the same; may distribute the water throughout the city, and, for this purpose, may lay down pipes to any house or building in said city, the owner or owners thereof having notice and not objecting thereto; may regulate the use of the said water within and without the said city, and establish the prices or rents to be paid therefor. And the said city may, for the purposes aforesaid, carry and conduct any aqueducts, or other works, by them to be made and constructed, over or under any water-course, or any street, turnpike-road, railroad, highway, or other way, in such manner as not to obstruct or impede travel thereon; and may enter upon and dig up any such road, street, or way, for the purpose of laying down pipes beneath the surface thereof, and for maintaining and repairing the same; and, in general, may do any other acts and things necessary, or convenient and proper, for the purposes of this act. SECT. 3. Three commissioners shall be appointed by the city Appointment, duties, etc., of council, who shall, during their continuance in office, execute and per- commissioners. form, and superintend and direct, the execution and performance of all the works, matters, and things, mentioned in the preceding sections, which are not otherwise specially provided for in this act; they shall be subject to such ordinances, rules, and regulations, in the execution of their said trust, as the city council may, from time to time, ordain and establish, not inconsistent with the provisions of this act and the laws of this commonwealth; they shall respectively hold their said offices for the term of three years next after their said appointment, unless the aqueducts and works aforesaid shall be sooner completed; but they, or either of them, after having had an opportunity to be heard in his or their defence, may be removed at any time, by a concurrent vote of two-thirds of each branch of the city council; and in case of a vacancy in the board of commissioners, by death, resignation, or removal, such vacancy shall be filled by the appointment of another commissioner, in manner aforesaid, who shall hold his said office for the residue of the said term of three years, with all the powers and subject to all the restrictions aforesaid. A major part of said commissioners shall be a quorum for the exercise of the powers and the performance of the duties of the said office; they shall, once in every six months, and whenever required by the city council, make and present in writing, a particular report and statement of all their acts and proceedings, and of the condition and progress of the works aforesaid. SECT. 4. Before the appointment of the commissioners aforesaid, Compensation. the city council shall establish and fix the salaries, or compensation, to be paid to the commissioners for their services; and the said salaries of the said commissioners, so established and fixed as afore Power to be exercised by the city, after the sioners has ceased. said, shall not be reduced during their continuance, respectively, in said office. SECT. 5. Whenever the said office of commissioners shall cease, either by the expiration of the said term of three years from the office of commis- original appointment, or by the completion of the aqueducts and works mentioned in the preceding sections of this act, all the rights, powers, and authority, given to the city of Boston by this act, shall be exercised by the said city, subject to all the duties, liabilities, and restrictions, herein contained, in such manner, and by such agents, officers, and servants, as the city council shall, from time to time, ordain, appoint, and direct. Remedy of own- greement as to 130 Mass. 339, 133 Mass. 215, 367. Right of parties to trial, if dissatisfied with award. Time for application for dam-' ages. 134 Mass. 438. SECT. 6. The said city of Boston shall be liable to pay all damages that shall be sustained by any persons in their property, by the taking of any land, water, or water-rights, or by the constructing of any aqueducts, reservoirs, or other works, for the purposes of this act. And if the owner of any land, water, or water-rights, which shall be taken as aforesaid, or other person who shall sustain damages as aforesaid, shall not agree upon the damages to be paid therefor, he may apply, by petition, for the assessment of his damages, at any time within three years from the taking of said land, water, or waterrights, as aforesaid, and not afterwards, to the court of common pleas,' in the county in which the same are situate; such petition may be filed in the clerk's office of said court, in vacation or in term time, and the clerk shall thereupon issue a summons to the city of Boston, returnable, if issued in vacation, to the then next term of the said court, and if in term time, returnable on such day as the said court shall order, to appear and answer to the said petition; the said summons shall be served fourteen days, at least, before the return day thereof, by leaving a copy thereof, and of the said petition certified by the officer who shall serve the same, with the mayor or clerk of the said city; and the said court may, upon default or hearing of the said city, appoint three judicious and disinterested freeholders of this commonwealth, who shall, after reasonable notice to the parties, assess the damages, if any, which such petitioner may have sustained as aforesaid; and the award of the said freeholders, or of the major part of them, being returned into and accepted by the said court, shall be final, and judgment shall be rendered and execution issued thereof for the prevailing party, with costs, unless one of the said parties shall claim a trial by jury, as hereinafter provided. SECT. 7. If either of the parties mentioned in the preceding section shall be dissatisfied with the amount of damages awarded as therein expressed, such party may, at the term at which such award was accepted, or the next term thereafter, 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; 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; and cost shall be recovered by the said parties respectively, in the same ; manner as is provided by law, in regard to proceeding, relating to the laying out of highways. SECT. 8. No applications shall be made to the court, for the assessment of damages for the taking of any water-rights, until the water shall be actually withdrawn or diverted by the said city under the authority of this act; and any person or corporation, whose waterrights may be thus taken and affected, may make his application aforesaid, at any time within three years from the time when the waters shall be first actually withdrawn or diverted as aforesaid. 1 Now superior court. |