ing interest, etc., etc. 1848, 33. SECT. 9. For the purpose of defraying all the costs and expenses of City council such lands, estates, waters, and water-rights, as shall be taken, pur- to the amount of may issue scrip chased, or held, for the purposes mentioned in this act, and of con- $3,000,000, bearstructing all aqueducts and works necessary and proper, for the payable at dates, accomplishment of the said purposes, and all expenses incident thereto, the city council shall have authority to issue from time to time, notes, 1849, 187, §1. scrip, or certificates of debt, to be denominated, on the face thereof, "Boston water scrip" to an amount not exceeding, in the whole, the sum of three millions of dollars, bearing interest at a rate not exceeding the legal rate of interest in this commonwealth; and said interest shall be payable semi-annually, and the principal shall be payable at periods not more than forty years from the issuing of the said scrip, notes, or certificates, respectively. And the said city council may sell the same, or any part thereof, from time to time, at public or private sale, or pledge the same for money borrowed for the purposes aforesaid, on such terms and conditions as the said city council shall judge proper. SECT. 10. In addition to the sum of three millions of dollars men- Scrip for pay. tioned in the preceding section, the said city council may, whenever ment of interest. and so far as may be necessary, issue and dispose of notes, scrip, or certificates of debt, in the manner prescribed in the preceding section, to meet all payments of interest which may accrue upon any scrip by them issued: provided, however, that no scrip shall be issued for the payment Proviso. of interest as aforesaid, after the expiration of two years from the completion of said aqueducts and other works; but payment of all interest that shall accrue after that time, shall be made from the net income, rents, and receipts, for the use of the water, if they shall be sufficient for that purpose; and if not, then the payment of the deficiency shall be otherwise provided for by the city council. All notes, Form of scrip. scrip, and certificates of debt, to be issued as aforesaid, shall be signed by the treasurer and auditor, and countersigned by the mayor of the said city, and a record of all such notes, scrip, and certificates, shall Records of the be made and kept by the said treasurer and auditor respectively. same. regulate the SECT. 11. The city council shall, from time to time, regulate the City council to price or rents for the use of the water, with the view to the payment, price of water. from the net income, rents, and receipts, therefor, not only of the 1875, 80, § 1. semi-annual interest, but ultimately of the principal also, of the "Boston water scrip," so far as the same may be practicable and reasonable. And the said net surplus income, rents, and receipts, Appropriation of proceeds of after deducting all expenses and charges of distribution, shall be set water rents. apart as a sinking-fund, and shall be appropriated for and towards the payment of the principal and interest of the said scrip; and shall, under the management, control, and direction, of the mayor, Amended by treasurer, and auditor, of the city, or the major part of them for the 1877, 5, § 1. time being, who shall be trustees of the said fund, be applied solely to the use and purpose aforesaid, until the said scrip shall be fully paid and discharged. And the said trustees shall, whenever thereto required by the city council, render a just, true, and full, account to the said city council, of all their receipts, payments, and doings, under the provisions of this section. increase of water SECT. 12. At any time after the expiration of two years, from the Proceedings for completion of the works mentioned in the second section of this act, rete and before the reimbursement of the principal of the "Boston water 1875, 80, § 1. scrip," herein before mentioned, if the surplus income and receipts for the use of the water distributed under the provisions of this act, at the price established by the city council, after deducting all expenses and charges of distribution, shall, for any two successive years, be insufficient to pay the accruing interest on the said scrip, then the supreme judicial court, on the petition of one hundred or more Proceeding for the reduction of water rents. 1875, 80, § 1. Costs on petitions. Owner and occupant both liable for price of water, etc. Proviso. Penalty for di- of the legal voters of the said city, praying that the said price may be raised and increased so far as may be necessary for the purpose of paying, from the said surplus income and receipts, the said accruing interest, and upon due notice of the pendency of such petition given to the said city in such manner as the said court shall order, may appoint three commissioners, who, upon due notice to the parties interested, may raise and increase the said price, if they shall judge proper, so far as may be necessary in their judgment, for the purpose aforesaid, and no farther. And the award of said commissioners, or the major part of them, being returned to the said court, at the then next term thereof for the county of Suffolk, and accepted by the said court, shall be binding and conclusive, for the term of three years next after the said acceptance, and until the price so fixed by the commissioners shall, after the expiration of said term, be changed or altered by the city council. SECT. 13. If the surplus income and receipts for the use of the water, distributed under the provisions of this act, at the price established by the city council, after deducting all expenses and charges of distribution, shall, for any two successive years, be more than sufficient to pay the accruing interest on the "Boston water scrip," herein before mentioned, then the supreme judicial court, on the petition of one hundred or more of the legal voters of the said city, who may deem the said price unreasonably high, and pray for a reduction thereof; and upon due notice of the pendency of said petition given to the said city in such manner as the said court shall order, may appoint three commissioners, who, upon due notice to the parties interested, may, if they shall judge proper, reduce the price established by the city council: provided, that such reduction shall not be so great that the surplus income and receipts aforesaid, will, in the judgment of the said commissioners, be thereafter insufficient for the payment of the said accruing interest. And the award of the said commissioners, or the major part of them, being returned and accepted as mentioned in the preceding section, shall be binding and conclusive, in the same manner, and to the same extent, as therein provided in regard to awards made pursuant to the provisions of that section. And the said court may, at their discretion, order the costs on such petitions as are mentioned in this and the preceding section, and of the proceedings thereon, or any part thereof, to be paid by either of the said parties, and may enter judgment and issue execution therefor accordingly. SECT. 14. The occupant of any tenement shall be liable for the payment of the price or rent for the use of the water in such tenement; and the owner thereof shall be also liable, if, on being notified of such use, he does not object thereto; and if any person or persons shall use any of the said water, either within or without the city, without the consent of the city, an action of trespass may be maintained against him or them, by the said city, for the recovery of damages therefor: provided, however, that this act shall not be so construed as to prevent the inhabitants of Natick, Framingham, Sherburne, and Wayland, from using so much of the water hereby granted as shall be necessary for extinguishing fires and for all ordinary household purposes, under such regulations of the said city council as may be essential for the preservation of the purity of the same. SECT. 15. If any person or persons shall wantonly or maliciously divert the water, or any part thereof, of any of the ponds, streams, or water-sources, which shall be taken by the city pursuant to the provisions of this act, or shall corrupt the same or render it impure, or destroy or injure any dam, aqueduct, pipe, conduit, hydrant, machinery, or other property, held, owned, or used, by the said city, by the authority and for the purposes of this act; every such person or persons shall forfeit and pay, to the said city, three times the amount of the damages that shall be assessed therefor, to be recovered by any proper action. And every such person or persons may, moreover, on indictment and conviction of either of the wanton and malicious acts aforesaid, be punished by fine, not exceeding one thousand dollars, and imprisonment not exceeding one year. chase property, SECT. 16. The said city of Boston is hereby authorized to purchase City may purand hold all the property, estates, rights, and privileges, of the Aque- etc., of the Jaduct Corporation, incorporated by an act passed February twenty-maica Pond Aqueduct Corseventh, in the year one thousand seven hundred and ninety-five, poration, etc. and by any convenient mode may connect the same with their other works. voters in wards SECT. 17. The mayor and aldermen of the city of Boston shall Act to be void if not accepted notify and warn the legal voters of the said city, to meet in their re- by majority of spective wards, on such day as the said mayor and aldermen shall within thirty direct, not exceeding thirty days from and after the passing of this days. act, for the purpose of giving their written votes upon the question, whether they will accept the same; and if a majority of the votes so given upon the question aforesaid, shall be in the negative, this act shall be null and void. SECT. 18. This act shall take effect from and after its passage. March 30, 1846. [1848, 33; 1849, 187, 201; 1850, 316; 1859, 184; 1861, 220; 1865, 131; 1869, 193, 447; 1871, 185; 1877, 5.] When to take effect. AN ACT CONCERNING THE HOUSE FOR THE REFORMATION AND EMPLOYMENT Municipal court, on complaint of mayor, etc., may sentence disso lute orphan mi to house of SECTION 1. The municipal or police court of said city, upon the complaint, under oath, of the mayor or any aldermen 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 nors under sixcity, that any minor, under the age of sixteen years, lives an idle ten years of age and dissolute life, and that his parents are dead, or, if living, do, ormation. from vice or any other cause, neglect to provide suitable employment for, or to exercise salutary control over such minor, shall have power, upon conviction thereof, to sentence such minor to such house of reformation and employment, to be kept and governed according to law. SECT. 2. The second section of the twenty-second chapter of the Repeal of St. 1843, c. 22, § 2. laws passed in the year one thousand eight hundred and forty-three, is hereby repealed; saving all matters now pending, and the right of appeal, as provided in the third section of said chapter. AN ACT TO ESTABLISH REGULATIONS CONCERNING THE HARBOR OF BOSTON. Be it enacted, etc.: SECTION 1. No vessel which shall cast anchor in the harbor of Boston, Anchorage to be only within cerbetween India wharf and Gray's wharf, shall anchor within five hun- tain limits. dred feet of the line described in the second section of an act entitled "an act to preserve the harbor of Boston, and to prevent encroach 1837, 229. 1877, 116. Penalty after Trim of vessels at wharves. 1848, 314, § 3. P.S. 69, § 28. Penalty. Penalty for depositing stones, etc., in said har bor. 1848, 314, § 2. Regulations of warps and lines. Penalty. City council may annually appoint ments therein," passed on the nineteenth day of April, in the year one thousand eight hundred and thirty-seven; and no vessel which shall cast anchor between the easterly side of Lamson's wharf and the easterly side of Tuttle's wharf, at East Boston, shall anchor within five hundred feet of the line described in the fifth section of "an act concerning the harbor of Boston," passed the seventeenth day of March, in the year one thousand eight hundred and forty, unless for the purpose of hauling in, as soon as practicable, to some wharf in said harbor, or unless compelled to do so by reason of stress of weather, or unavoidable casualty; and, for every offence against either of the foregoing provisions, after having been notified thereof by the harbor-master, who may be appointed as hereinafter mentioned, or by any party aggrieved, the master, commander, or owners, of such vessel, shall be subject to a penalty not exceeding twenty-five dollars. SECT. 2. The master, commander, or owners, of every vessel, shall, as soon as practicable after having hauled to the end of any wharf that extends to the channel in said harbor, cause her lower yards to be cockbilled, and her jib-boom to be rigged in, so that the said jib-boom may not annoy any other vessel or vessels going in or out of the adjoining docks; and the lower yards and jib-boom shall be kept so arranged while such vessel lies at the end of the wharf as aforesaid, and until she is preparing immediately to leave her berth; and for every offence against any of the provisions in this section, the master, commander, or owners, or either of them, of such vessel, shall be subject to a penalty not exceeding ten dollars. SECT. 3. No person shall throw or deposit in said harbor, or any part thereof, any stones, gravel, ballast, cinders, ashes, dirt, mud, or other substances, which may, in any respect, tend to injure the navigation thereof; and whoever shall offend against the provisions of this section shall be subject to a penalty not exceeding fifty dollars. SECT. 4. No warp or line shall be passed across the mouth of any slip, for the purpose of hauling a vessel by said slip, before the vessel shall be within one hundred feet of said slip, if the owners or occupants thereof object, unless the harbor-master, who may be appointed as hereinafter mentioned, shall have decided it to be necessary; and for every offence against this provision, the master, commander, or owners, of such vessel, shall be subjected to a penalty not exceeding five dollars. SECT. 5.1 The city council of the city of Boston may, if they shall harbor-master. deem it expedient, annually appoint, by concurrent ballot in each board, a harbor-master for the port of Boston, who shall hold his office for one year, and until another shall be appointed in his place, or until he shall be removed by said city council; and, before entering upon his office, he shall give bond to the said city, with sufficient sureties, to the satisfaction of the mayor and aldermen, in the penal sum of two thousand dollars, conditioned for the faithful discharge of the duties of said office; and, in case of the sickness or disability of the said harbor-master, he may appoint a deputy, subject to the approval of said mayor and aldermen, to perform his duties during such sickness or disability; and said harbor-master shall be allowed and paid quarterly, out of the city treasury, such salary for his services as said city council shall, from time to time, establish. His duties and SECT. 6. It shall be the duty of the said harbor-master to enforce the execution of the several provisions of this act, and of all other laws of the commonwealth relating, in any way, to said harbor; and to prosecute all violations of such laws and ordinances, and to take all lawful measures to prevent the doing of any act by which the flow of the tides, or the force, direction, or depth, of the current into, out 1 The harbor-master is now appointed by the mayor and aldermen. See St. 1862, c. 64. of, or through the said harbor may, in any degree, be injuriously alties. SECT. 7. All said several penalties may be recovered by complaint Recovery of penbefore the police court of the city of Boston, or by indictment, for the use of the said city. SECT. 8. This act shall take effect on and after the first day of July next. April 23, 1847. [1837, 229; 1848, 314; 1862, 64; 1877, 116; 1882, 216; 1884, 173; P.S. 69, Nothing in the ninth section of the act, to which this is an addition, City council may shall be construed to prohibit the city council of the city of Boston, loans, to be remake temporary from making temporary loans for the purposes therein set forth, to be deemed within five years by the redeemed within five years by the "Boston water scrip: " provided, "Boston water that the amount of said scrip shall in no case exceed the amount scrip." named in the said section. 1846, 167, § 9. AN ACT RELATING TO BALLAST IN THE CITY OF BOSTON. Be it enacted, etc.: late the taking SECTION 1. The city council of the city of Boston are hereby au- Power of city thorized to establish any ordinances and regulations respecting the council to reguweighing and marking of lighters, and other vessels employed in the of ballast. transportation of stones, gravel, sand, or other ballast, and for the inspection and weighing, such ballast within the city of Boston, in- R.O. c. 44. cluding the appointment and compensation of weighers, markers, inspectors, or other officers necessary to carry such ordinances and regulations into effect as they may deem expedient, and may affix penalties for the breach thereof, not exceeding those provided in the Penalties. thirty-first chapter of the revised statutes. SECT. 2. The adoption of any such ordinance, or regulations, shall supersede the provisions of the aforesaid thirty-first chapter of the revised statutes within said city, so far as the same shall be inconsistent with, or repugnant to, said provisions. May 10, 1848. P.S. 69. 1848. CHAPTER 314. REGULATIONS CON AN ACT IN ADDITION TO "AN ACT TO ESTABLISH Be it enacted, etc.: anchorage of |