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an amount not

the governor and council issue from time to time scrip or certificates issue scrip to of debt in the name and behalf of the Commonwealth and under its exceeding seal to an amount not exceeding five million dollars, for a term not $5,000,000. exceeding forty years. Said scrip or certificates of debt shall be issued as registered bonds or with interest coupons attached, and shall bear interest not exceeding four per cent. per annum, payable semi-annually on the first days of March and September in each year. Such scrip or certificates of debt shall be designated on the face as the Metropolitan Sewerage Loan; shall be countersigned by the governor, and shall be deemed a pledge of the faith and credit of the Commonwealth redeemable at the time specified therein in the lawful 1890, 94. money of the United States, and shall be sold and disposed of at public auction, or in such other mode, and at such times and prices, and in such amounts and at such rate of interest not exceeding four per centum per annum as the governor and council shall deem for the best interest of the state. The treasurer and receiver-general shall Sinking fund to on issuing any of said scrip or certificates of debt establish a sinking fund, and apportion thereto from year to year an amount sufficient with its accumulations to extinguish the debt at maturity. But in Apportionment. such apportionment of a sinking fund the assessment shall be at the rate of one-eightieth part of the whole amount in each of the first ten years, one-sixtieth part in each of the second ten years, one-thirtieth part in each of the third ten years, and the remainder equally divided in the next ten years. Any premium realized in the sale of said scrip or certificates of debt shall be applied to the payment of the interest on said loan as it accrues.

be established.

to appoint three

proportion to

SECT. 13. The supreme judicial court sitting in equity shall, on Supreme court the application of said board after notice to each of the cities and commissioners towns herein before named, appoint three commissioners, who shall to determine not be residents of any of the cities or towns mentioned in this act, be paid by each who shall after due notice and hearing and in such manner as they city and town. shall deem just and equitable determine for each system the propor- 153 Mass., 566. tion in which each of the cities and towns herein before named shall annually pay money into the treasury of the Commonwealth for the term of five years next following the year of the first issue of said scrip or certificates, to meet the interest and sinking fund requirements for each of said years as estimated by said treasurer, and to meet the cost of maintenance and operation of said system for each of said years, as estimated by the said board and certified to said treasurer, and any deficiency in the amount previously paid in, as found by said treasurer, and shall return their award into said court; and when said award shall have been accepted by said court the same shall be a final and conclusive adjudication of all matters herein Decision of referred to said commissioners and shall be binding on all to be final. parties.

commissioners

to be appointed

SECT. 14. Before the expiration of said term of five years and Commissioners every five years thereafter other commissioners, who shall not be every five years. residents of any of the cities or towns mentioned in this act, shall be appointed as aforesaid, who shall in such manner as they deem just and equitable determine the proportion in which each of said cities and towns in each of said systems shall annually pay money into the treasury of the Commonwealth as aforesaid for the next succeeding term of five years, and shall return their award into said court; and when said award shall have been accepted by said court the same shall be a final and conclusive adjudication of all matters herein referred to said commissioners and shall be binding on all parties.

SECT. 15. The amount of money required each year from each

clude in annual

required each

Treasurer to such city and town to meet the interest, sinking fund requirements estimate and in- and cost aforesaid for that system in which it is included for each tax, the amount year, and deficiency, if any, shall be estimated by said treasurer in year from each accordance with the proportion determined as aforesaid, and shall be city and town. included in and made a part of the sum charged to such city or town, and be assessed upon it in the apportionment and assessment of its annual state tax, and said treasurer shall in each year notify each such city and town of the amount of such assessment, which amount shall be paid by the city or town into the treasury of the Commonwealth at the time required for the payment and as a part of its state

Supreme court

to have jurisdiction to enforce

provisions of this act.

tax.

SECT. 16. The supreme judicial court shall have jurisdiction in equity to enforce the provisions of this act, and shall fix and determine the compensation of all commissioners appointed by said court under the provisions hereof.

SECT. 17. This act shall take effect upon its passage.

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June 7, 1889.

Inspector to carefully in

INSPECTION

AND

AN ACT ΤΟ AMEND THE ACTS RELATING ΤΟ THE
CONSTRUCTION OF BUILDINGS AND RELATING TO THE PRESERVATION
OF HEALTH IN BUILDINGS IN THE CITY OF BOSTON.

Be it enacted, etc.:

SECTION 1. Section fifteen of chapter three hundred and seventyfour of the acts of the year eighteen hundred and eighty-five is hereby amended so as to read as follows: Section 15. The said Spect plans, etc., inspector shall not give a permit for the erection or alteration of any before granting building until he has carefully inspected the plans and specifications therefor, and ascertained that the building has sufficient strength, that the means of ingress and egress are sufficient, and that the plans thereof conform to all laws relating to the kind of building contemplated. A copy of plans and specifications of every public building shall be deposited in the office of the inspector."

permit.

Buildings to have sufficient

except, etc

SECT. 2. Section two of chapter three hundred and eighty-two of the acts of the year eighteen hundred and eighty-five is hereby amended so as to read as follows: "Section 2. Every such buildwater-closets, ing situated on a public or private street, court, or passageway in which there is a public sewer, and every building connected with any sewer, shall have sufficient water-closets connected with the sewer, and shall not have a cesspool or privy, except where in the opinion of the board of health it can be allowed to remain temporarily, and then only as said board shall approve; and if there is no sewer and said board is of the opinion that the public health requires one, and shall so certify to the board of aldermen of said city, said last named board shall forthwith lay and make a common sewer in such street, court, or passageway: provided, however, that said board of aldermen shall not be required in any one year to make sewers in accordance with this act to cost in the aggregate more than ten Trap for water thousand dollars. Every water fixture having a waste-pipe connected with a sewer or cesspool shall be provided with a separate trap placed as near as practicable to said fixture."

fixtures.

SECT. 3. Section three of chapter three hundred and eighty-two of the acts of the year eighteen hundred and eighty-five is hereby

lodging houses

amended so as to read as follows: "Section 3. Every building Tenement and hereafter converted into or used for a tenement-house or lodging- to conform to 'house shall in addition to all other requirements of law conform to law, and be in. the provisions of this act, and every such building shall be carefully a year. inspected at least twice a year under the direction of the board of health, and whenever said board has made an order concerning said building a reinspection shall be made within ten days after said board has been informed that the order has been complied with."

spected twice

house" defined.

SECT. 4. Section four of chapter three hundred and eighty-two of the acts of the year eighteen hundred and eighty-five is hereby amended by striking on all of said section after the word "hotels and inserting in pce thereof the following words: "Tenement- "Tenementhouse" means a alding which, or any portion of which, is occupied, or to be occupied as the residence of more than two families living independently of one another, and doing their cooking upon the premises.

SECT. 5. Section fourteen of chapter three hundred and eighty two of the acts of the year eighteen hundred and eighty-five is hereby amended by inserting at the end of said section the words: "Whenever there shall be more than eight families living in any tene- Board of health ment-house in which the owner thereof does not reside, there shall janitors in cerbe, when required by the board of health, a janitor, housekeeper, or tain buildings. some other responsible person, satisfactory to said board, who shall reside in said house and have the charge thereof."

may require

may limit num.

lodging houses.

SECT. 6. Section eighteen of chapter three hundred and eightytwo of the acts of the year eighteen hundred and eighty-five is hereby amended so as to read as follows: "Section 18. The board Board of health of health may by a vote limit the number of occupants in any tene- ber of occupants ment or lodging house or in any part or parts of the same, and shall in tenement or in such case cause a notice stating such number to be affixed conspicuously in such building and served on the owner, agent or person having the charge thereof. If the number is exceeded said board may order the premises vacated, and they shall not be again occupied until said board shall so permit, upon being satisfied that the vote will be complied with. Said board may make such further regulation as to overcrowding, ventilation, and occupation of such houses and the cellars thereof and of buildings where persons are employed, not inconsistent with other laws, as they deem proper."

to detail police

health.

SECT. 7. The board of police for the city of Boston shall, upon Board of police requisition by the board of health of said city, detail to the exclusive officers to ser service and direction of said board of health, for enforcing the laws vice of board of and ordinances relating to the preservation of health and to tenement and lodging houses, such number, not exceeding five, of police officers satisfactory to the board of health as the board of health may 1885, 323. desire, and the services of the police officers so detailed shall be paid for by said board of health; and said officers so detailed shall continue subject to the direction of said board of health until exchanged for others at the request of said last named board. Said board of Board of police police are hereby authorized and empowered to appoint patrolmen, trolinen to va in number not exceeding five, to fill any vacancies in the police force cancies caused in the city which may be caused by the detailing of officers as provided in this act.

SECT. 8. This act shall take effect upon its passage.

to appoint pa.

by such detail.

[1885, 374, 382.]

June 7, 1889.

Owner of estate may enter par ticular drain

into main drain

or sewer.

Assessment to

be paid upon such entry.

1890, 346.

Amount of as. sessment to be

determined by

of sewers upon completion of main drain.

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AN ACT TO PROVIDE FOR THE MAKING AND COLLECTING OF SEWER
ASSESSMENTS IN THE CITY OF BOSTON.

Be it enacted, etc.:

SECTION 1. The owner of each estate in the city of Boston bordering on a street or on a strip of land through which a main drain or common sewer shall hereafter be constructed in said city, may enter a particular drain into such main drain or common sewer from that part of said estate which is situated within one hundred feet from said street or strip of land; and shall upon and after such entry to said city an assessment on such estate equal to the number of pay square feet of land thereof within one hundred feet of such street or strip of land multiplied by the number representing one two-hundredth part of the average cost per running foot of all the main drains and common sewers of the city of Boston built during the five fiscal years preceding the date of the order to build such main drain or common sewer. No estate shall be assessed more than once for the construction of a drain or sewer except as hereinafter provided, but such estate may be assessed in the manner aforesaid for the cost of renewal or repair of a drain or sewer.

SECT. 2. The amount of every such assessment shall, immediately upon the completion of the main drain or common sewer, be made and superintendent determined by the superintendent of sewers of said city, and interest shall be added to the amount assessed at the rate of five per cent. per annum from the date of completion of the main drain or common sewer, as certified in writing by said superintendent in a book to be kept for that purpose in his office; and notice of the date of such completion and of the amount of such assessment shall be given by said superintendent to the person assessed forthwith after the amount of the assessment has been determined.

Owner of certain estate, upon

SECT. 3. The owner of an estate not bordering on a street or petition and fix. Strip of land through which a main drain or common sewer is coning of assess- structed, or of an estate bordering on such street or strip of land exparticular drain tending more than one hundred feet in depth therefrom, may after into main drain, the amount of the assessment on such estate to be paid therefor has,

ment, may enter

etc.

Assessment may be apportioned on re

on the petition of such owner, been fixed by the board of aldermen of said city, enter from such first named estate, or from any part of such last named estate, situated more than one hundred feet from the street or strip of land, a particular drain into the main drain or common sewer, and shall upon and after such entry pay to the said city the amount of the assessment fixed as aforesaid; but such amount shall not exceed the amount he would have had to pay under section one of this act if his estate had bordered on such street or strip of land and had been only one hundred feet in depth therefrom.

SECT. 4. Upon the request of an owner of an estate on which an assessment has been made under this act, made to the board of quest of owner. assessors of said city within ten days after any entry aforesaid, said board of assessors shall apportion the same into three equal parts, and shall add one of said parts with interest as aforesaid to the annual tax of said estate for each of the three years next ensuing.

Assessment to constitute a lien.

1890, 346.

SECT. 5. Every assessment made under this act shall constitute a lien upon the estate assessed until it is paid, and may with all incidental costs and expenses be levied and collected in the same manner as taxes on real estate are levied and collected; and a person aggrieved by any such assessment may at any time within ten days

after any entry aforesaid apply for and have an abatement of his
assessment in the saine manuer and under like rules of law as a per-
son may apply for and have an abatement of taxes.
SECT. 6. This act shall take effect upon its passage.

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AN ACT TO PROVIDE THAT BONDS ISSUED FOR THE METROPOLITAN SEWER-
AGE LOAN SHALL BE REDEEMABLE IN GOLD OR ITS EQUIVALENT.

Be it enacted, etc.:

1opolitan sewer.

SECTION 1. The interest and principal of the scrip or certificates of Interest and debt issued by the treasurer of the Commonwealth under authority of Principal of met chapter four hundred and thirty-nine of the acts of the year eighteen age loan to be paid in gold. hundred and eighty-nine, for the metropolitan sewerage loan, shall be payable, and when due shall be paid, in gold coin or its equivalent. SECT. 2. This act shall take effect upon its passage.

March 14, 1890.

1890. CHAPTER 122.

AN ACT TO CREATE AN ART COMMISSION FOR THE CITY OF BOSTON.

Be it enacted, etc.:

for Boston

SECTION 1. An art commission for the city of Boston is hereby Art commission established, to consist of the mayor of the city of Boston, the presi- created to serve dent of the trustees of the Boston public library, the president of the without pay. trustees of the museum of fine arts, the president of the Boston society of architects, and the president of the Massachusetts institute of technology, each of whom shall be ex-officio a member of the commission. The commission is to serve without pay.

site for statues,

approved by

SECT. 2. No statue, fountain, ornamental arch or gateway, mon- Design of and ument or memorial of any kind shall be erected in any public street, fountains, avenue, square, place, common, park, or municipal building, in the etc.. to be city of Boston, unless the design and site for the same shall have commission. been approved in writing by a majority of said commission and their report shall have been made to the city council. Said report shall be made within thirty days from the time when the design and site as above specified shall have been submitted to the commission for their approval.

give advice on

SECT. 3. The commission shall, at the request of the mayor, Commission to aldermen, or common council, give its advice as to the suitability of design of public the design for any public building, bridge, or other structure, and buildings, etc., shall report thereon in writing to the city council.

SECT. 4. This act shall take effect upon its passage.

March 24, 1890.

on request.

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