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corporation, or paying therefor the amount expended in erecting said market, with interest thereon, at the rate of ten per centum per annum, deducting therefrom all sums that shall have been received by the members of said corporation, as dividends of income or profits, Conditions. and also the amount of all reserved profits possessed by the corporation at the time of said purchase; and whenever the city of Boston shall have determined to purchase said market, the directors of said corporation shall, upon reasonable notice, make out a statement of the amount to be paid according to the foregoing provisions, and shall exhibit their books and papers in verification of said statement, and upon the payment, by said city of Boston, of the sum which shall be found to be payable, as herein before provided, said corporation shall make, execute, and deliver, all such deeds, conveyances, and assurances, as may be necessary to invest, in said city, the said market, and all the franchise, property, rights, and privileges, of said corporation.

Sect. 5. This act shall take effect from and after its passage, and Market to be shall be void unless said market shall be located and built within three years. three years thereafter.

May 2, 1849.

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or refusal.

Be it enacted, etc. :

SECTION 1. When any street or way shall hereafter be opened in Abatters to the city of Charlestown, over any private land, by the owners thereof, ways given to and dedicated to or permitted to be used by the public, before such public use. street or way shall have been accepted and laid out according to law, 1849, 133. it shall be the duty of the owners of the lots abutting 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 of the city council of said city, require. And if the owners of such abutting Proceedings in

case of neglect lots, shall, after reasonable notice by the city council, neglect or refuse to grade such street or way in manner aforesaid, it shall be lawful for the city council to cause the same to be graded 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 city council, in such proportions as they shall judge reasonable, and all assessments so made shall be a lien upon such abutting land in like manner as taxes are now a lien upon real estate.

SECT. 2. No street or way shall hereafter be opened, as aforesaid, No street or way in said city, of a less width than thirty feet, except with the consent thirty feet wide. of the mayor and aldermen of said city, in writing, first had and obtained for that purpose.

Sect. 3. Whenever any person shall intend to build upon any Any one intend. private street or way, in said city, be shall, before commencing to ing to build on a build, give to the mayor and aldermen of said city due notice, in writ- give notice, etc. ing, of such intention.

April 9, 1850.

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AN ACT RELATING TO THE FIRE DEPARTMENT OF THE CITY OF BOSTON.
Be it enacted, etc. :

SECTION 1. The city council of the city of Boston may establish a Power of city fire department for said city, to consist of so many engineers and ... !

R.O., c. 21.

etc.

power.

Powers of en.

ment.
104 Mass. 87.

other officers, and so many enginemen and other members, as the city council, by ordinance, shall from time to time prescribe; and said city council shall have authority to make such provisions in regard to the time and mode of appointment, and the occasion and mode of removal, of either such officers or members, to make such

requisitions in respect to their qualifications and period of service, to Compensations, define their office and duties, to fix and pay such compensation for

their services, and, in general, to make such regulations in regard to their conduct and governwent, and to the management and conduct of fires, and persons attending at fires, subject to the penalties pro

vided for the breach of the city by-laws, as they shall deem espe1873, 374, § 2. dient: provided, that the appointment of enginemen, hosemen, and

hook-and-ladder men, shall be made by the mayor and aldermen

exclusively. Delegation of SECT. 2. The powers and duties mentioned in the preceding sec

tion, or any of them, may be exercised and carried into effect by the said city council, in any manner which they may prescribe, and through the agency of any persons, or any board or boards, to whom they may delegate the same.

Sect. 3. The engineers or other officers of the department, so gineers, etc., of the fire departo appointed as aforesaid, shall have the same authority, in regard to

the prevention and extinguishment of fires, and the performance of the other offices and duties now incumbent upon firewards, as are now conferred upon firewards by the revised statutes, or the special

acts relating to the city of Boston, now in force. They shall also R.O., C. 46, § 6. have authority, in compliance with any ordinance of said city, to

make an examination of places where shavings and other combustible materials are collected or deposited, and to require the removal of such materials, or the adoption of suitable safeguards against fire. And said city council are hereby authorized to make suitable ordinances upon this latter subject-matter, under the penalties enacted in

the city charter. Exemption of

Sect. 4. All officers and members of the fire department shall be oficers and members. exempted from military duty, or from serving as jurors or constables,

during the time of their employment in said department. Relief for bodily SECT. 5. The city council aforesaid are hereby authorized, wheninjury.

ever and as often as they shall deem it expedient, to appropriate any sum or sums of money, in the way that may be judged by said council most advisable, for the relief or indemnity of any officer or member of the fire department who may sustain corporal injury, or

contract sickness in the discharge of his duty, or consequent thereon. Repeal of former Sect. 6. The act entitled "an act to authorize the mayor and

aldermen of the city of Boston to increase the number of enginemen in certain cases,” passed on the thirteenth day of January, in the year eighteen hundred and twenty-three; the act entitled “ an act authorizing the appointment of firemen in the town of Boston,” passed February seventh, in the year eighteen hundred and twenty ; the act entitled an act establishing a fire department in the city of Boston," passed June eighteenth, in the year eighteen hundred and twentyfive; the act entitled - an act in addition to an act entitled ían act establishing a fire department in the city of Boston,'” passed March second, in the year eighteen hundred and twenty-seven ; the act entitled " an act in addition to an act establishing a fire department in the city of Boston," passed March third, in the year eighteen hundred and twenty-ninc; and the act entitled “ an act further in addition to an act establishing a fire department in the city of Boston," passed June twenty-first, in the year eighteen hundred and thirty-one, are hereby repealed.

Secr. 7. This act shall take effect from and after its passage ;

acts.

When to take effect.

but it shall not operate upon existing laws and ordinances, relating to the fire department of the city of Boston, until it shall have been adopted by the city council of said city.

May 1, 1850. [1873, 374; 1880, 107; 1881, 22.]

1850. - CHAPTER 316.

THE

CITY

OF

AN ACT IN ADDITION TO

6. AN ACT

FOR SUPPLYING

BOSTON WITH PURE WATER.” Be it enacted, etc. :

SECTION 1. In every case of a petition to the court of common Of tender of pleas, by any person, for the assessment of damages, as provided in for damages. the sixth, seventh, and eighth sections of the act to which this is in 1846, 167. addition, the city of Boston, by any of its officers, may tender to the complainant or his attorney, any sum that it shall think proper, or may bring the same into court, to be paid to the complainant for the damages claimed in his petition ; and if the complainant shall not accept the same, with his costs up to that time, but shall proceed in the suit, he shall be entitled to his costs up to the time of the tender, or such payment into court, and not afterwards, and the said city shall be entitled to recover its costs afterwards, unless the complainant shall recover greater damages than were so offered. SECT. 2. This act shall take effect from and after its passage.

May 3, 1850. (1846, 167; 1849, 187.]

1851. - CHAPTER 121.

AN ACT IN FURTHER ADDITION TO

AN ACT FOR SUPPLYING THE CITY

OF BOSTON WITH PURE WATER.

Be it enacted, etc. :

The control granted to the city of Boston over tide waters within Restriction. the jurisdiction of this commonwealth, by the third section of an act in addition to an act for supplying the city of Boston with pure water, 1849, 187. passed on the first day of May, in the year one thousand eight hundred and forty-nine, shall be restricted to the line now occupied by them for the purpose specified in the third section.

May 7, 1851. [1846, 167; 1849, 187.]

1851. - CHAPTER 243.

AN

ACT

IN

ADDITION

TO

66 AN

THE

BOSTON

LUNATIC

ACT TO ESTABLISH

HOSPITAL.” Be it enacted, etc. :

SECTION 1. The third section of the one hundred and thirty-first City council of chapter of the acts of the year one thousand eight hundred and thirty- ordinances, and nine, being an act entitled “ an act to establish the Boston lunatic appoint officers. hospital,” is so amended that the city council of the city of Boston R.O. c. 33, shall have power to pass such ordinances as they may

$$ 2, 3. dient, for conducting, in a proper manner, the business of that institution, and for appointing such officers as, in their opinion, may be necessary.

deem espe

1 Adopted June 4, 1850.

Repeal.

Sect. 2. The second section of the said chapter is hereby repealed. SECT. 3. This act shall take effect from, and after its passage.

May 23, 1851. [1839, 131; 1840, 79; 1857, 35, 281, 302.]

1852. - CHAPTER 165.

Real estate ex

ation.

AN ACT CONCERNING THE BOSTON PORT SOCIETY.
Be it enacted, etc.:

From and after the passage of this act, the real estate now empted from tax

owned by the Boston Port Society shall be exempt from taxation so long as the income shall be applied in furtherance and support of the charitable uses and purposes of improving the moral and religious condition of seamen in the city of Boston and its vicinity.

April 30, 1852.

1852. - CHAPTER 266.

AN ACT IN RELATION TO THE CITY OF BOSTON.

Be it enacted, etc. :

Proceedings

be erected.

How streets, SECTION 3. Whenever the mayor and aldermen of the city of lanes, etc., are to be laid out,

Boston shall adjudge that the public safety and convenience require altered, etc.

that Superseded by

any street, lane, or alley, in the said city, shall be laid out, 1870, 337, $ 3. altered, or discontinued, they shall make and record an estimate of

the expense thereof, and, if such estimate shall exceed the sum of five thousand dollars, or, if such estimate, with the estimates of any previous alteration or discontinuance of any part of such street, lane, or alley', during the municipal year, shall exceed the sum of five thousand dollars, the order of such laying out, alteration, or discontinuance, together with an estimate of the expense thereof, shall be sent to the common council for its concurrence or rejection ; and such order shall not take effect or be in force until the common council shall concur therein.

SECT. 4. No erection, alteration, or repair, of any court-house, buildings are to jail, house of correction, fire-proof office, or any other building, for 1850, 128.

the purposes of the county of Suffolk, shall be made by the mayor and aldermen of the said city, except as herein provided, to wit: whenever the mayor and aldermen shall by vote declare that such erection, alteration, or repair, is necessary or expedient, they shall make and record an estimate of the expense thereof, and, if such estimate shall exceed the sum of five thousand dollars, a copy of the said vote and estimate shall be sent to the common council for its concurrence, rejection, or amendment; and all acts or parts of acts inconsistent with this act are repealed.

Sect. 5. The first four sections of this act shall not go into effect expted by legal unless they be approved by a majority of the legal voters of the city

of Boston, voting thereon, severally, by yea and nay ballot, in their respective wards, at the annual election of state officers in November next; and the mayor and aldermen of the said city shall insert, in the warrant for the aforesaid election, an article submitting the aforesaid question to the decision of the said legal voters of the city of Boston.

May 20, 1852. [1880, 128.]

Not to take

voters.

1 Sections one and two were rejected, and sections three and four accepted, November 8, 1852.

1853. - CHAPTER 38.

AN ACT TO AUTHORIZE THE CITY OF BOSTON TO FOUND AND MAINTAIN

A PUBLIC LIBRARY.

ulations.

agent.

Be it enacted, etc. :

SECTION 1. The city of Boston is hereby authorized to found and City council may maintain a public library, and to make such expenditures, establish tures and regsuch regulations, fix such penalties for the breach thereof, and do all such acts and things as may be deemed necessary and proper to that end; and the powers hereinbefore named may be exercised by the city council of the said city, in any manner in which they may pre- May appoint an scribe, and by the agency of any persons to whom they may delegate the same: provided, however, that the expenditures herein before Proviso. mentioned shall not exceed the sum of one bundred and fifty thousand dollars, within four years from the first day of January, in the year eighteen hundred and fifty-three ; (nor the sum of ten thousand dollars in any one year after that time.'] SECT. 2. The fifty-second chapter of the statutes of the year Former act re

pealed. eighteen hundred and forty-eight, entitled “ an act to authorize the city of Boston to establish a public library,” is hereby repealed.

SECT. 3. This act shall take effect from and after its acceptance When to take by the city council of the said city of Boston.'

March 12, 1853. (1857, 11; 1878, 114; 1880, 222; 1882, 143; 1883, 141.]

effect.

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Be it enacted, etc.:

SECTION 1. George W. Gerrish, Charles L. Hancock, George Corporators. Meacham, Robert Farley, their associates and successors, are hereby made a corporation, by the name of the Gerrish market, for the purpose of owning and managing a market for the sale and storage to own and of country produce and other merchandise, now located in Sudbury ket in Boston. street, between Portland and Friend streets, in the northerly section of the city of Boston, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the fortyfourth chapter of the revised statutes : provided, that nothing contained in this act shall be construed to authorize said corporation to engage in buying or selling produce or merchandise of any description.

SECT. 2. Said corporation may hold real and personal estate for the purpose aforesaid, not exceeding in amount three hundred thousand dollars : provided, that no shares in the capital stock of said corporation, shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued.

SECT. 3. The city of Boston may, by its city council, or by any City council to person or boriy to whom said council shall delegate its power, make make and en

force reg. and enforce suitable and proper police regulations, in and around said ulations. market and its appurtenances. SECT. 4. This act shall take effect from and after its passage.

April 8, 1853.

1 Repealed by St. 1857, c. 11.
2 Accepted April 14, 1853.

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