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mission thus to drain, or if such person be dissatisfied with the terms and conditions prescribed by the mayor and aldermen, he may appeal to the State board of health, lunacy, and charity; which board after such notice as it may order, and a hearing, shall decide whether such person may enter either of the sewers, and what sum, either in gross or at stated periods, he shall pay to Cambridge therefor, and what other terms and conditions, if any, shall be imposed upon said entry, which decision shall be binding and final upon all parties.

SECT. 12. Whenever a violation of any of the provisions of this Act affecting the public health or the water supply of any city is committed, the State board of health, lunacy, and charity, may, if in its judgment the public health requires, order any person or corporation, public or private, to cease and desist from such violation, and to remedy the pollution or to cleanse or purify the polluting substances in such a manner and to such a degree that they shall be no longer deleterious to the public health before being cast or allowed to flow into said brook; provided, that before making such order the said board shall assign a time and place for hearing all parties interested, and shall give such parties an opportunity of being heard, and the order hereinbefore provided shall not be issued until after such notice and hearing; and provided also, that upon the application of any city to said board alleging the violation of any of the provisions of this Act, and the pollution of its water supply thereby, said board shall grant a hearing upon due notification to all parties interested, and upon proof of such violation shall issue the order or orders already mentioned in this Act.

SECT. 13. The supreme judicial court, or any one of its justices, in term time or vacation, shall have power to issue an injunction to enforce any such order.

SECT. 14. Every such order of the board of health, lunacy, and charity shall be made in writing, and served by any person competent to serve a notice in a civil suit personally upon the person found guilty of violation as aforesaid, or his authorized agent, or a copy of the order may be left at the last and usual place of abode of such person or his agent, if he has any such place of abode within the State known to the officer. If the residence of the owner or agent is unknown to the officer, or without the State, the order may be served by publication in one or more newspapers in such manner and for such time as said board may order. Any party aggrieved by any such order shall have the right of appeal to a jury, and be subject to the fifty-sixth and fifty-eighth sections of the twenty-sixth chapter of the General Statutes, and the two hundred and sixty-third chapter of the laws of the year eighteen hundred and sixty-five. During the pend

ency of the appeal the pollution against which the order has issued shall not be continued contrary to the order, and upon any violation of the same the appeal shall be forthwith dismissed.

of the S. J, C.

SECT. 15. Nothing herein before contained shall be con- Jurisdiction strued to exclude the jurisdiction of the supreme judicial in equity. court sitting in equity according to the usual course and

practice of such court.

SECT. 16. This act shall be void unless accepted by the subject to city council of each of said cities within thirty days from the acceptance. date of the passage hereof. (May 6, 1881.)

Accepted by Cambridge June 3, 1881 (City Records, Vol. U. page 405).

AN ACT to authorize the cities of Boston and Cambridge to construct and maintain a bridge over Charles River.

Be it enacted, etc., as follows:

Charles River

Boston and

SECTION 1. The cities of Boston and Cambridge are au- Bridge over thorized to construct a bridge and avenue across Charles between River, from a point on Beacon Street, in Boston, to a point Cambridge. in Cambridge, west of the westerly line of the Boston and Albany Railroad. The location of said bridge and avenue shall be determined by the city councils of said cities acting separately, subject to the approval of the board of harbor and land commissioners so far as it affects the harbor, and subject, moreover, to the limitation that the line thereof shall not be north-east of a line drawn from the junction of Beacon Street and West Chester Park in Boston, to the junction of the harbor line with Front Street, extended, in Cambridge, nor south-west of a line drawn from the junction of Beacon Street, Brookline Avenue, and Brighton Avenue, in Boston, to the junction of the Boston and Albany Railroad with Putnam Avenue, extended, in Cambridge. Said bridge shall have a draw with a clear opening of at least thirty-eight feet Draw to be in width for the passage of vessels.

thirty-eight feet wide.

structure.

SECT. 2. Said bridge shall be constructed of such mate- Materials of rials as the said cities may agree upon; but on iron or stone piers and abutments, to be of such size, shape, and construction, and be at such distance from one another, as the said board of harbor and land commissioners, upon application made by said cities upon such notice as said board may deem proper, and, after a hearing thereon, shall determine and certify to each of said cities; and no pier or abutment shall be built except in accordance with such certificate. The avenue, with the exception of the portion between the harbor lines, may be constructed of solid filling, with the approval of the said board of harbor and land commissioners. Neither city separately, shall enter upon the construction of said

built by cities

jointly.

Bridge to be bridge, but they shall jointly proceed to construct the same in accordance with plans to be submitted to, and approved by, the councils of said cities concurrently, and by the said board of harbor and land commissioners.

Each city may take land

limits.

SECT. 3. Each city may, within its own limits, purchase within its own or otherwise take lands, not exceeding one hundred and twenty-five feet in width, for said bridge and avenue; and all the proceedings relating to such taking shall be the same as in the case of land taken for highways within said cities respectively, with like remedies to all parties interested; and betterments may be assessed for the construction of said bridge and avenue in each city in like manner as for the laying out of highways under the betterment acts in force in each city respectively, with like remedies to all parties interested.

Distribution of expense of building.

SECT. 4. Each of said cities shall bear the expense, including land damages, of constructing such part of said bridge and avenue as lies upon its own side of the Charles River; but the expense of constructing so much thereof, including the draw, as shall lie between the harbor lines, shall be borne by both cities in such proportion as may be agreed upon by the two cities. The care and management of said Commission bridge and draw shall be vested in a board of commissioners consisting of one person from each city, chosen in accordance with such ordinances as said cities shall respectively establish, and until such commissioners are chosen the mayors of said cities shall ex officiis constitute such commissioners.

ers to be appointed.

Expense of keeping in repair.

Avenue may cross railroad at grade.

Bonds may be issued by each city.

SECT. 5. Said avenue and bridge when completed shall be a public highway, and the expense of maintaining in repair that part thereof which lies between the harbor lines, and of keeping the draw in repair, and of tending the draw day and night for the passage of vessels, shall be borne equally by the two cities, and all damages recovered by reason of any defect or want of repair in that part of the bridge between the harbor lines, or in the draw, shall be paid equally by said cities.

SECT. 6. Said avenue may cross at grade any railroad operated by steam, and the board of railroad commissioners shall, upon the application of either city or any railroad corporation, prescribe the details of the crossing, and certify to the parties its decision, which decision may be enforced by proper process in equity.

SECT. 7. Each of said cities may issue bonds in payment in whole or in part of the expense incurred by it under this act. Such bonds may bear interest, payable semi-annually, at a rate not exceeding six per cent. per annum, and shall be payable at such time, not less than ten or more than thirty years from their respective dates, as shall be determined by said cities respectively, and expressed upon the face of the

bonds. Nothing, however, contained herein shall warrant an increase of municipal indebtedness beyond the limitations prescribed by section four of chapter twenty-nine of the Public Statutes.

constructed

SECT. 8. This act shall be void unless that portion of the To be bridge between the harbor lines shall be constructed within within ten ten years from the passage hereof. (April 14, 1882.)

years.

AN ACT to establish the third and fourth district courts of Eastern
Middlesex and the police courts of Marlborough and Brookline.

Be it enacted, etc., as follows:

court of

Middlesex.

SECTION 1. The city of Cambridge and the towns of Arling- Third district ton and Belmont shall constitute a judicial district under Eastern the jurisdiction of a court to be called the Third District Court of Eastern Middlesex. Said court shall be held in the city of Cambridge, and shall have a clerk.

court of

SECT. 2. The towns of Woburn, Winchester and Burling- Fourth district ton shall constitute a judicial district, to be called the Eastern Fourth District Court of Eastern Middlesex. Said court Middlesex. shall be held in the town of Woburn and shall have a clerk..

Malborough,

SECT. 3. The town of Marlborough shall constitute a Police court of judicial district under the jurisdiction of a court to be called the Police Court of Marlborough; and said court shall have a clerk.

Brookline.

SECT. 4. The town of Brookline shall constitute a judicial Police court of district under the jurisdiction of a court to be called the Police Court of Brookline.

SECT. 5. There shall be one justice and two special justices of each of said courts, and the said justices and the clerks herein provided for shall be appointed in the manner and with the tenure of office respectively provided in the case of justices and clerks of other police and district courts. All provisions of law applicable in common to police and district courts shall be applicable to said courts.

Justices and

clerks.

justices and

SECT. 6. The justice of the third district court of Eastern salaries of Middlesex shall receive from the county of Middlesex an clerks. annual salary of twenty-two hundred dollars, and the clerk thereof an annual salary of twelve hundred dollars; the justice of the fourth district court of Eastern Middlesex shall receive from said county an annual salary of twelve hundred dollars, and the clerk thereof an annual salary of six hundred dollars; the justice of the police court of Marlborough shall receive from said county an annual salary of one thousand dollars, and the clerk thereof an annual salary of four hundred dollars; and the justice of the police court of Brookline shall receive from the county of Norfolk an annual salary of eight hundred dollars.

First sessions of courts.

Police courts of Cambridge abolished.

SECT. 7. The first session of each of said courts shall be held on the first Monday in July in the year eighteen hundred and eighty-two.

SECT. 8. All proceedings which may be pending before the police court of Cambridge on said first Monday in July shall be transferred to and determined by the said third district court of Eastern Middlesex; and said police court of Cambridge shall be abolished from that date, and thereafter all provisions of law relating to said police court shall cease to have effect. Except as above provided, nothing in this act shall affect any suit or other proceeding begun prior to said first Monday in July.

This act shall take effect upon its passage.

SECT. 9.
(May 18, 1882.)

City to

construct an intercepting

sewer.

to be

constructed.

AN ACT concerning Alewife Brook and certain sewers in Cambridge and Somerville.

Be it enacted, etc., as follows:

SECTION 1. The city of Cambridge shall construct an intercepting sewer of sufficient capacity, and by means thereof shall conduct the sewage of the Concord Avenue, Spruce Street, and North Avenue sewers in said city, and of any sewer at any time discharging into either of said sewers, or into said intercepting sewer (provided, however, this shall not include any other than that within the natural drainage area of Alewife Brook), to some convenient spot upon the poor-farm in said city; shall there construct a storage basin Storage basin for the temporary deposit of such sewage, and, by means of pumps or otherwise, shall raise such sewage to a sufficient height to discharge the same by means of a connecting sewer, which connecting sewer shall not exceed twelve inches in diameter, at a convenient point in the sewer in Newbury Street, in the city of Somerville; shall construct such connecting sewer, and shall so discharge the said sewage for the term of three years from the first day of September next, the connection with said Somerville sewer to be made on or before said first day of September; Provided, however, that, during repairs upon any Somerville sewer into which the Cambridge sewage shall be so discharged, pumping shall be discontinued, if the city engineer of SomPumping may erville shall so request of the city of Cambridge; and also, that, at some point in the intercepting sewer, to be determined by the city engineer of Somerville, there shall be constructed by the city of Cambridge an automatic shut-off so arranged as to cut off the connection of the Cambridge sewers which may empty therein with the Somerville sewers during severe storms and when the Cambridge sewers at

be

discontinued

during repairs.

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