Orders to be made in writing. S. J. C. may restrain by may order the owner or occupant of such cellar to so alter and construct it as to conform to the requirements of said section; and if such owner or occupant fails to comply with such order within ten days after service thereof, as provided by the following section, said board may so alter such cellar, and all necessary expenses incurred thereby shall constitute a lien upon the land wherein such cellar is constructed, and the buildings upon such land, and may be collected, and the city collector may purchase such land, or land and buildings, in behalf of said city; all as is provided by law for the collection of taxes upon real estate, and in case of land sold for taxes. SECT. 3. All orders under the preceding section shall be made in writing and served upon said owners or occupants, or their authorized agents, as prescribed by section nine, of chapter twenty-six of the general statutes for the service of orders of boards of health; and the supreme judicial court injunction, etc. or any justice thereof, in term time or vacation, may by injunction or other suitable process in equity, restrain any person or corporation from constructing, using or occupying any cellar in violation of the provisions of section one of this Act, and may enforce such provisions, and may order and enforce the abatement or alteration of any cellar constructed, used, or occupied in violation thereof, so as to comply with said provisions. Owners may be ordered to grade of not less than thirteen ways thereon to sixteen feet. SECT. 4. The boards of mayor and aldermen of said fill up lands to cities, respectively, may, from time to time, order the owners of lands in their city, the surface of which is below thirteen anteen fate feet above mean low water, or any of such owners, to raise the grade of their said lands, filling up the same with good materials to a grade not less than thirteen feet above mean low water, and to raise the grade of all private streets, courts, and ways upon their said lands, filling up the same with good materials to a grade not less than sixteen feet above mean low water, with reference to a complete drainage thereof, so as to abate and prevent nuisances, and to preserve the public health of the city. If owner fails comply, may raise grade. SECT. 5. All orders under the preceding section shall be tom city made and served as prescribed in section three of this Act, and if the owner of any such lands fails to comply with any such order within six months after such service thereof, the board of mayor and aldermen of the city, wherein the same is situated, may raise the grade of his said lands, and the private streets, ways, and courts thereon, filling up the same with good materials to the grade authorized by the preceding section and specified in the order; and all necessary expenses incurred thereby shall constitute a lien upon the lands filled, and a lien equally upon the lands abutting upon either side of any private street, court, or way, filled, and a lien upon all Expenses to constitute a lien upon the land. buildings upon such lands, and may be collected, and the city collector may purchase such lands, or lands and buildings, in behalf of the city; all as is provided in section two of this Act for collecting the expenses therein named. Parties dissatisfied assessment may make complaint to commission SECT. 6. Any person entitled to any estate in any land, the grade of which shall be raised under the preceding with section, who is dissatisfied with the assessment of the expense of raising the grade of his land, and any owner of land who county is dissatisfied with the assessment of expenses under section ers. two of this Act, may, within six months after receiving notice of such assessment, make complaint to the county commissioners of the county of Middlesex. Said commissioners shall thereupon order a jury who may revise such assessment, in the manner prescribed in chapter forty-three of the general statutes, in cases where persons are aggrieved by the assessment of damages by selectmen. If the assessment is reduced, the legal charges arising on such complaint shall be paid by the city, otherwise by the complainant. City to take are dissatisfied SECT. 7. Instead of making such complaint, any person if notified dissatisfied with the assessment of the expense of raising the that parties grade of his said land, may give notice thereof to the mayor with and aldermen of the city wherein the land is situated, within assessment. sixty days after he receives notice of such assessment, and the city shall thereupon take said land, and shall within sixty days thereafter file in the office of the registry of deeds for the southern district of the county of Middlesex, a description of the land so taken, as certain as is required in a common conveyance of land, together with a statement that the same is taken pursuant to the provisions of this Act, which description and statement shall be signed by the mayor of the city, and the title to lands so taken shall vest absolutely in the city. damage is money to be SECT. 8. If any person whose land is taken under the If amount of preceding section, agrees with the city upon the damage agreed upon, done to him by such taking, making due allowance for the paid forthwith. improvement in raising the grade of such land, the same shall be forthwith paid to him by the city. If any such person shall not so agree, he may any time within six months from the filing of such description and statement, apply to the county commissioners, as provided in section six of this Act, for a jury to determine the damage so done him, making due allowance for the improvement by raising the grade of such land, and the proceedings shall be as provided in said section. The damages awarded by the jury shall be paid by the city, and if the damages are increased above the sum before offered by the city, all legal charges arising on such application shall be paid by the city, otherwise by the appli cant. SECT. 9. The city shall raise the grade of all public Public ways bordering upon lands streets bordering upon any lands, the grade of which is ordered to be raised under this Act, filling up such streets filled to sixteen with good materials, to a grade not less than sixteen feet above mean low water. raised, to be feet grade. Filling of flats not authorized. 4 Cities not exempted from certain obligations. SECT. 10. Nothing in this Act contained shall be construed as authorizing any filling of the flats upon the banks of Charles River, nor to authorize the filling of any portion of the channel, flats, or basins of Miller's River, lying southerly of Milk Street, and of the Fitchburg Railroad Company's roadbed, or either of them, in Somerville, and below the streets known as Medford Street in Somerville, and Gore Street in Cambridge. SECT. 11. This Act shall not be construed as in any way exempting the cities of Cambridge and Somerville from any obligation either of them would otherwise be under to make compensation to the owners of lands abutting upon or near to any land or street filled hereunder, or for any injury done or caused to the lands of such owners under any order or proceeding hereunder. (May 3, 1872.) Board of commissioners established. To devise a plan for drainage. AN ACT for the abatement of a nuisance in the Lower Basin of Be it enacted, etc., as follows: SECTION 1. The harbor commissioners and the state board of health shall jointly constitute a board of commissioners for the purposes hereinafter named. SECT. 2. The said commissioners shall, after due notice to and hearing of all parties interested, devise and report to the mayor and aldermen of the cities of Cambridge and Somerville respectively, a plan for draining and abating a nuisance existing in and upon the district lying within the limits of the said cities, which is bounded north-easterly by the Boston and Lowell Railroad in Cambridge and Somerville, north-westerly by the Fitchburg Railroad in Somerville, northerly by Milk Street in Somerville, westerly by Prospect Street in Somerville, south-westerly by Webster Avenue in Somerville, southerly by the boundary line between Cambridge and Somerville, and by Gore Street in Cambridge, easterly by Fifth Street in Cambridge, southerly by Winter Street in Cambridge, and easterly in Cambridge, by Fourth Street and the line of Fourth Street extended to the Boston and Lowell Railroad, which plan shall provide, if practicable, for the preservation and improvement of so much of the channel and basins of Miller's River as is now flowed by the tide below the point where the Grand Junction Railroad in Somerville crosses such river and basin. temporary abatement of SECT. 3. Said commissioners shall, from time to time, and To devise during the pendency of their report, devise and recommend measures for to the mayor and aldermen of said cities, respectively, or to nuisance. the boards of health thereof, such immediate or temporary measures for the abatement of said nuisance and the preservation of the health of the inhabitants as they shall deem expedient. surveys to be SECT. 4. Said commissioners in the discharge of their May cause duties shall have power to cause to be made proper surveys made. of said district and estimates for carrying out the permanent and temporary measures by them recommended, the expenses of making said surveys and estimates to be paid by the two cities as the commissioners shall determine. and Somerville lands, etc. SECT. 5. The cities of Cambridge and Somerville, re- Cambridge spectively, may carry out the provisions of this Act and the may take measures recommended by the commissioners, and for that purpose may purchase or take lands in said cities in the same manner, and with the same rights of appeal, as provided in the general laws in regard to taking land for highways, and the title to lands so taken shall vest in the city taking the same. SECT. 6. This Act shall take effect upon its passage. (May 6, 1872.) AN ACT to authorize the Commissioners on the West Boston and Be it enacted, etc., as follows: ers may construct new bridge, or rebuild and present bridge. widen the SECTION 1. The commissioners on the West Boston and CommissionCragie or Canal Bridges may build a new bridge in the place of, or repair, reconstruct, and widen, to a width not exceeding sixty-four feet, the present Cragie or Canal bridge, and may construct fender guards, make changes in the draw and drawpiers, and do such other acts as they may deem necessary, expedient, or convenient in the premises, to secure a bridge and draw which shall safely and conveniently accommodate public travel and navigation, subject, however, to the pro- Subject to visions of chapter four hundred and thirty-two of the Acts of 1869, 432. the year eighteen hundred and sixty-nine. provisions of SECT. 2. To secure and accomplish the objects and pur- May take buildings, poses of the preceding section, said commissioners may take wharves, etc. such lands, buildings, wharves, and structures as they may deem necessary and all damages to private property or for land taken under this Act, shall be ascertained as provided in chapter forty-three of the General Statutes, and, together with all other expenses incurred hereunder, shall be paid equally by the cities of Boston and Cambridge. (April 15, 1873.). Somerville may maintain. a drain through Cambridge to Alewife Brook. Liability for damages. Owner of private drain may be assessed for entering common sewer. Somerville to pay portion of expense of maintaining a discharge of sewage through the brook. AN ACT concerning the building by the city of Somerville of a drain through the city of Cambridge. Be it enacted, etc., as follows: SECTION 1. The mayor and aldermen of the city of Somerville may lay, make, and maintain a main drain or common sewer from Somerville to Alewife Brook and through that portion of Cambridge which is bounded by Somerville and by North Avenue, the Lexington and Arlington branch of the Boston and Lowell Railroad and said Alewife Brook in Cambridge, and in such part thereof as to them shall seem best, and through the lands of any persons and corporations within said territory, and may repair the same, from time to time, whenever repairs thereof shall be necessary, and such main drain or common sewer shall be the property of the said city of Somerville, but it shall not be so laid as to require the removal of, or interference with, any building, or any part of any building now owned by the city of Cambridge. SECT. 2. The proceedings in taking said lands for the purposes aforesaid, and the liability of said city of Somerville for all damages by reason of the laying, making, and maintaining of said main drain or common sewer, and the rights and remedies for ascertaining and recovering the amount of such damages shall be regulated by chapter one hundred and eleven of the Acts of the year eighteen hundred and sixty-nine, relating to laying, making, and maintaining main drains or common sewers in any city or town. SECT. 3. The city of Somerville shall have the same right to assess any person for entering his particular drain into such main drain or common sewer, and for all benefit received by more remote means on account of said main drain or common sewer for draining cellars or lands situated in said city of Somerville, as if the said main drain or common sewer was situated in Somerville, and all proceedings for the collection of and in regard to such assessments shall be the same as provided in the forty-eighth chapter of the General Statutes. SECT. 4. The city of Somerville, in case it shall drain into said Alewife Brook as aforesaid, shall pay a just and proper proportion with the city of Cambridge of all such expenses as may be deemed necessary by the city of Cambridge to secure and maintain a proper discharge |