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and the ascertainment and payment of all such damages, the said city of Boston, and all persons claiming damages, shall have all the rights, immunities, and remedies, and be subject to all the duties, liabilities, and obligations, which are provided in the one hundred and sixty-seventh chapter of the acts of the year one thousand eight hundred and forty-six, the one hundred and eighty-seventh chapter of the acts of the year one thousand eight hundred and forty-nine, and the three bundred and sixteenth chapter of the acts of the year one thousand eight hundred and fifty. Said city of Boston shall City to indem. also indemnify said towns of Natick and Wayland, against all injury Wayland. which may at any time be done to any highway or bridge in such towns, by reason of the raising of the water, and maintaining the dam, as herein before provided. SECT. 3. This act shall not take effect, until said city of Boston Act not to take

effect until, etc. shall have paid to the said town of Framingham the sum of fortyfive hundred dollars ; to the said town of Natick, the sum of three thousand dollars ; and to the said town of Wayland, the sum of one thousand dollars ; nor until said act shall have been accepted by the city council of said city of Boston.'

April 5, 1859. (1846, 167; 1849, 187; 1850, 316.]

1859. - CHAPTER 210.

AN ACT IN RELATION TO THE BACK BAY AND THE PUBLIC GARDEN IN

THE CITY OF BOSTON. Be it enacted, etc. :

SECTION 1. The boundary line between the cities of Boston and Boundary be Roxbury is hereby altered and established as follows: beginning at and Roxbury a point where the present boundary line between the two cities altered and intersects the easterly side of Avenue Number VI., as laid down on the plan accompanying the third annual report of the commissioners on Boston Harbor and Back Bay, dated October thirty, eighteen hundred and fifty-four, thence running by the said easterly side of said Avenue Number VI., to the present boundary line near the mill-dam ; and all that portion of land, flats, or channels, easterly of the line hereby established, is hereby annexed to and made a part of said city of Boston in the county of Suffolk, and shall constitute a part of ward nine, until a new division of the wards : provided, that Proviso. this act shall not affect the present apportionment for the choice of senators and representatives to the general court, and of councillor.

SECT. 2. If there shall be within the limits of the territory hereby Boston not to annexed to the city of Boston, any portion which is owned by the tax amy portion

by Rox city of Roxbury, the city of Boston shall not assess any taxes on bury. such portion owned by Roxbury, so long as it is so owned.

Sect. 3. The commissioners on the Back Bay are hereby author- Back Bay comized and required to fill up and complete, at the expense of the

missioners to

up certain commonwealth, so much of the street next west of the public garden lands. called Arlington street, as remains to be completed at the time of the passage of this act, so that the said street shall be of the full width of eighty feet; and also the strip of land easterly of said street, which was released by the commonwealth to the city of Boston by indenture dated December eleventh, eighteen hundred and fiftysix; and no building shall hereafter be erected between Arlington Restriction. and Charles streets, except such as are expedient for horticultural

fill

1 These conditions were complied with, and the act was accepted by the city council, May 6, 1859. See City Records, Vol. 37, p. 222.

2 Sections one and two were superseded by annexation of Roxbury to Boston.

Proviso.

of award to be

Sewer to be con. structed.

purposes : provider, that nothing herein contained shall render it

uplawful to erect a city hall on the public garden. Commissioners

SECT. 4. For the purpose of determining a just equivalent to the appointed. city of Boston, for the relinquishment hereby made of any rights the

said city may now have to erect buildings on the strip of land on Arlington street, which was conveyed to the city by the said indenture of December eleventh, eighteen hundred and fifty-six, the governor of the commonwealth and the mayor of said city shall appoint three commissioners, who shall make an award thereon; and the commonwealth shall convey to the city of Boston such portion of the land or flats in the Back Bay, belonging to the commonwealth, and upon such limitations and restrictions as the said commissioners shall order and direct, in said award, as such equal equivalent; and if

such commissioners shall not be appointed within thirty days after Supreme judi. this act shall take effect, the supreme judicial court, upon the reprepoint, in case,etc. sentation of either party, and upon notice to the other, shall appoint

such commissioners.

SECT. 5. The commissioners on the Back Bay are authorized and required to construct all that part of the main sewer, extending from Tremont street, in Boston, to Charles river, which is to be built by the commonwealth, in accordance with the tripartite indenture between the commonwealth and the city of Boston and the Boston Water-Power Company, dated December eleventh, eighteen hundred

and fifty-six.' Act to be accept SECT. 6. The board of aldermen of the city of Boston shall notify ed by legal voters of Boston. and warn the legal voters of the said city to meet in their respective

wards on some day within thirty days from the date of the passage of this act, for the purpose of giving their votes “ yes' 6 no” in answer to the question, “ Are you in favor of accepting an act of the legislature of eighteen hundred and fifty-nine, entitled “ an act in relation to the Back Bay and the public garden in the city of Boston'?” and the votes shall be received, sorted, and counted, and declaration made thereof in the same manner as votes at other elections; and the mayor and aldermen shall transmit to the secretary of the commonwealth, within seven days after said meetings, a true return of the votes in the affirmative and negative; and if it shall appear that a majority of the votes are in favor of the acceptance of this act, then it shall be considered as binding in all its provisions, alike upon the commonwealth of Massachusetts and the city of Boston, and shall have full force and effect; but if a majority of the votes are against the acceptance of this act, then it shall be null and void, and the secretary shall give public notice accordingly."

SECT. 7. The preceding section, authorizing and directing the submission of this act to the legal voters of Boston, shall take effect from and after the passage of this act.

April 6, 1859.

or

1859. — CHAPTER 211.

Provisions and produce to be Bold on street stands around Faneuil Hall market, under certain restrictions.

AN ACT CONCERNING FANEUIL HALL MARKET, IN BOSTON.
Be it enacted, etc. :

SECTION 1. The city of Boston shall make no by-law, ordinance, or regulation, excluding from the occupation of street stands within the limits of Faneuil Hall market, in said city, as the same are, or may be, defined in the city ordinances for the sale of fresh provisions and perishable produce, any persons taking such stand for the sole

1 See Back Bay Agreements, pp. 73, 78.
2 Accepted April 25, 1859.

purpose of selling such fresh provisions or perishable produce: provided the same are the product of the farm of the person offering them for sale, or of some farm within ten miles of the residence of such person ; or are to be sold at wholesale only by the party offering the same for sale on commission, for, or as agent for, some person or persons not residing or having a usual place of business within eight miles of said market; or are meats to be sold at wholesale only by the person who slaughtered the animals of which the same was a part.

SECT. 2. The said city shall make no by-law, ordinance, or regu- No probibition lation, probibiting the occupation of stands within said limits, and ton during certhe sale of fresh provisions and perishable produce, by the persons day, except, etc. hereinbefore mentioned, between the hours of four o clock in the 109 Mass. 315. afternoon and the time of closing said market at night, or before ten' 9 Met. 253. o'clock in the forenoon, except on Sunday and holidays.

SECT. 3. Any existing by-laws, ordinances, or regulations incon- Repcal except. sistent herewith are hereby repealed; but this act shall not be construed to repeal or prevent reasonable rules of police, needful for the decorum, convenience and good order of the market, and those who buy and sell therein.

April 6, 1859. [1860, 152.]

1860. — CHAPTER 94.

AN

AUTHORIZE

THE

NEWTON AND

pipes.

ways.

ACT TO

WATERTOWN GAS-LIGHT COMPANY TO EXTEND THEIR PIPES INTO THE TOWN OF BRIGHTON.? Be it enacted, etc. :

SECTION 1. The Newton and Watertown Gas-Light Company are Extension of hereby authorized to extend their pipes for the purpose of conduct

pipes. ing into, and selling gas in the town of Brighton. SECT. 2. Said corporation, with the consent of the selectmen of Opening of

ground to sink the town of Brighton, shall have the power and authority to open the ground in any part of the streets, lanes, and highways, of said towo for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid ; and the Repairs of highsaid corporation, after opening the ground in said streets, lanes, or highways, shall be held to put the same into repair under the penalty of being prosecuted for a nuisance : provided, that the selectmen of Proviso. the said town, for the time being, shall at all times have power to regulate, restrict, and control all the acts and doings of said corporation which may, in any manner, affect the health, safety, and convenience of the inhabitants of said town: provided, said company shall not be authorized to lay gas-pipes in any streets where authority to lay such pipes has been previously granted by the selectmen of the town of Brighton, to any other company. SECT. 3. This act shall take effect upon its

passage.

March 20, 1860. [1873, 303.]

Proviso.

1 Changed to eleven o'clock by St. 1860, c. 152.
2 Moditied by annexation to Boston, St. 1873, c. 303.

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TO AMEND

PREVENT LIVERY

STABLES

1810, 124.

AN ACT
6 AN ACT TO

FROM
BEING ERECTED IN CERTAIN PLACES IN THE TOWN OF BOSTON."
Be it enacted, etc. :

SECTION 1. The first section of the one hundred and twenty-fourth
chapter of the statutes of the year eighteen hundred and ten, passed
on the eleveuth day of February, in the year eighteen hundred and
eleven, is hereby amended by inserting after the word “God” the
following words, to wit: “ without the consent in writing of the
proprietors of such church or meeting-house, or of the religious
society or parish worshipping therein, and the consent of the mayor
and aldermen of the city of Boston.”
Sect. 2. This act shall take effect from its passage.

March 26, 1860. [1810, 124; 1869, 369.]

1860. — CHAPTER 137.

AN

Wharf exten. sions.

ACT IN ADDITION TO AN ACT CONCERNING THE HARBOR OF

BOSTON.
Be it enacted, etc. :
SECTION 1. So much of the third section of an act entitled 66

an act in addition to an act concerning the harbor of Boston," passed on the third day of May, in the year one thousand eight hundred and fifty, as provides that the proprietors of the wharves and flats, by said act authorized to be extended, shall extend said wharves and the lines of their respective flats in a direction at right angles to the line established by said act, is hereby repealed, and the proprietors of said wharves and flats are hereby authorized to extend their wharves and the lines of their respective flats to the line established by said act in the directions in which the said lines of their respec

tive flats were originally established between said proprietors. Public streets SECT. 2. Whenever the said proprietors lay out or appropriate parietort by pro- for any street or streets any portion of the said flats or wharves, the wbarves.

city of Boston may at any time accept and lay out as and for a public street or streets the portion or portions of said flats or wharves by said proprietors so laid out and appropriated, or any part of the same, which portions so accepted shall thereupon, and without any further act of the said proprietors, and without any compensation to them or any of them therefor, vest in the said city of Boston.

Sect. 3. Each and every one of the said proprietors of said flats, or of any part thereof, who, at the expiration of two years from the passage of this act, have failed or neglected to cause a good and substantial sea-wall to be built and maintained in front of his or their respective flats on the line established by said act, passed on the third day of May, in the year one thousand eight hundred and fifty, shall forfeit all rights acquired under said act last mentioned, or under this act.

Murch 31, 1860.

Sea-walls.

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AN ACT IN RELATION TO THE POWERS OF CONSTABLES IN THE CITY OF

BOSTON. Be it enacted, etc. :

SECTION 1. Any constable in the city of Boston, who shall have Constables to given to the treasurer of the city of Boston a bond, with sureties in a other process on sum not less than three thousand dollars, to the satisfaction of the

conditions. said treasurer, with condition for the faithful performance of his duties in the service of all civil processes which may be committed to him, and shall have caused the same, with the approval of the mayor and aldermen of said city endorsed thereon, to be filed in the office of the city clerk of said city, may, within the said city of Boston, serve any writ or other process in any personal action, and Repealed by any process in replevin which constables are now by existing pro- reënactment, visions of law authorized to serve; and in addition thereto may serve any writ or process in any personal action or process in replevin which may be made returnable to the police court in said city of Boston; and no constable in the city of Boston shall serve any civil process until he shall have given the bond as herein provided.

Sect. 2. This act shall take effect on the second day of June next.

April 2, 1860.

see post, p. 321.

1860. — CHAPTER 152.

AN

IN

TO

ACT

FANEUIL

HALL

IN

ACT ADDITION

AN

CONCERNING

MARKET, BOSTON.' Be it enacted, etc.: SECTION 1. The two hundred and eleventh chapter of the acts of Amendment to

1859, 211. the general court of Massachusetts for the year eighteen hundred and fifty nine is hereby amended by striking out “ten o'clock in the forenoon,” and substituting “eleven o'clock in the forenoon ” therefor, in the second section of said act. Sect. 2. This act shall take effect from its passage.

April 2, 1860. [1823, 148; 1859, 211.]

1860. ~ CHAPTER 182.

AN ACT IN RELATION TO SIDEWALKS IN THE CITY OF ROXBURY. Be it enacted, etc. :

SECTION 1. The mayor and aldermen of the city of Roxbury are Abutting estates hereby authorized and empowered to construct sidewalks in any of ses of sidewalks. the streets in said city, and to furnish all edge stones for the same, and to assess the expense of all such edge stones upon the owners of land abutting on the sidewalks so constructed, in proportion to the length of lines of their respective estates; and said owners shall be bound and obliged to pay the amounts so assessed : and in case any such owner or owners shall refuse to pay the amount so assessed, within such time as said mayor and aldermen shall designate, then such amount or amounts may be recovered by an action of contract, to be brought by said city of Roxbury before any court or tribunal having competent jurisdiction in the premises.

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