roll when it shall be certified to the board in writing, by the physician to the board of health, that such member is permanently incapacitated, either mentally or physically, from performing his duties as a member of the department. In case of total disability caused or induced by the actual performance of his duty the amount of annual Pension rates. pension shall be two-thirds of the annual compensation allowed to men of the grade in which such member served. The pension of members of the permanent force who have served fifteen years shall be an amount not exceeding one-half the annual salary or compensation of the oflice from which said members are retired. The pension of members of the call force who have served fifteen or more consecutive years shall be one-half the annual salary or compensation of the office from which said members are retired, or such further sum as the board may determine.

Members now

on pension roll may be paid

SECT. 2. The said board of the said city may, by majority vote of the members thereof with the approval of the mayor, pay to under this act. former members of the fire department of said city now on the pension rolls of said city, pensions in accordance with the provisions of

Subject to acceptance by city council.

this act.

SECT. 3. This act shall take effect when accepted by the city council of the city of Boston.'

June 3, 1892.

[1880, 107; 1888, 174; 1891, 404.]

1892. CHAPTER 353.

Board of police may retire, and pension members of police department.

AN ACT RELATING TO PENSIONING MEMBERS OF THE POLICE DEPARTMENT
OF THE CITY OF BOSTON.

Be it enacted, etc.:

SECTION 1. The board of police of the city of Boston may at his own request retire from active service and place upon a pension roll any member of the police department who has performed faithful service in said department for a period not less than twenty years, if in the judgment of the board said officer is incapacitated for useful service on said force, and said board shall retire from such service and place upon a pension roll any member of said force who has arrived at the age of sixty-five years, or any member who shall be certified to said board in writing, by the physician to the board of health of said city, as being permanently incapacitated, either mentally or physically, by injuries sustained in the actual performance of duty, from further performing duty as such member: provided, howapprove action ever, that no officer shall be retired under the provisions of this act unless such action is approved in writing by the mayor of the city of Boston; and provided, that soldiers and sailors who served during the war of the rebellion and who have received an honorable discharge shall not be retired at the age of sixty-five years, except at their own request.

Mayor to

of board of police.

Pension rates.

This act not to repeal other

acts.

SECT. 2. The amount of the annual pension allowed to any person retired under the provisions of this act shall be one-half of the amount of compensation received by him at the time of such retirement, the same to be paid by the city of Boston.

SECT. 3. The provisions of this act are in addition to and not in repeal of any act now in force relative to pensioning members of such force.

1 Accepted August 6, 1832.

pension-roll may be called

SECT. 4. The board of police are hereby authorized in case of Members on emergency to call upon any person so pensioned, for temporary service in the department for which he is fitted, and during such service upon for he shall be entitled to full pay. SECT. 5. This act shall take effect upon its acceptance by the Subject to city council of the city of Boston.'

service.

acceptance by city council.

June 8, 1892.

AN ACT TO PROTECT THE SHORES AND BEACHES OF BOSTON HARBOR.

Be it enacted, etc.:

stones, etc.,

prohibited.

SECTION 1. Whoever shall take, carry away, or remove by land Taking of or water any stones, gravel or sand from any of the beaches, head- from beaches in lands or islands within or bordering upor Boston harbor, without the Boston harbor consent in writing of the board of harbor and land commissioners, shall for each offence forfeit and pay for the use of the Commonwealth a sum not less than twenty-five dollars or more than two hundred dollars, to be recovered by complaint or indictment in any court of competent jurisdiction.

limits of.

SECT. 2. Boston harbor, for the purposes of this act, shall be Boston harbor, deemed to include all tide water enclosed by the upland and a line drawn from the outer end of Point Allerton, in the town of Hull, to the outer end of the outer Brewster island, and thence direct to the outer end of Cherry island bar, in the town of Revere.

SECT. 3. Chapter three hundred and one of the acts of the Repeal. year eighteen hundred and fifty-six and all acts and parts of acts inconsistent herewith are hereby repealed.

June 11, 1892.

1892.- · CHAPTER 371.

AN ACT TO AUTHORIZE THE CITY OF BOSTON TO TAKE JAMAICA POND
AND WARD'S POND FOR A PUBLIC PARK.

Be it enacted, etc.:

Jamaica pond

SECTION 1. The city of Boston may, by a vote of its park com- City may take missioners approved by its mayor, take in fee, by purchase or other- and Ward's wise, such lands with the buildings thereon, abutting on Jamaica pond. pond in that part of Boston known as ward twenty-three, and such lands with the buildings thereon, abutting on Ward's pond in that part of Boston known as ward twenty-two, as said board of park commissioners with the approval of said mayor may determine to be desirable for the public parks of said city, whether said lands are held by the Jamaica Pond Aqueduct Corporation, or by any other corporation or person; but whenever any of the lands and buildings Taking to inof the Jamaica Pond Aqueduct Corporation are so taken, otherwise erty owned by than by purchase, the whole of the land and buildings owned by it aqueduct corpo. on the first day of March in the year eighteen hundred and ninetytwo, abutting on either of said ponds, shall be taken; and whenever lands of the Jamaica Pond Ice Company lying between Prince street and said Jamaica pond are so taken, otherwise than by purchase, the whole of the lands so lying, owned by it at the time of said taking, and all buildings thereon used by it in connection with its business

1 Accepted August 11, 1892.

clude all prop

ration.

Jamaica pond Ice Company may elect to

in cutting and removing ice from said pond, and storing and selling the same, and all fixtures forming a part of said buildings, shall be taken; and whenever any of its lands lying between Pond street and said Jamaica pond are so taken, the whole of its lands and buildings so lying and owned by it at the time of said taking, and all buildings thereon used by it in connection with its business of cutting and removing ice from said pond, and storing and selling the same, and all fixtures forming a part of said buildings, shall be taken. And if said company or its assigns shall give written notice to said board of park commissioners within sixty days after receiving continue busi. notice of any such taking, that it desires to carry on its said business upon the premises taken, said company or its assigns shall have the right to cut and remove ice from said Jamaica pond, and to remain in possession of and use its fixtures, buildings and premises, and to continue its business as before, for a period not exceeding two years from and after said taking; and the existence of said right shall be taken into account in estimating the damages sustained by said company.

ness for two years from taking.

Description of lands taken to be recorded.

Fee to vest in city.

SECT. 2. Said board of park commissioners shall, within sixty days after the taking of any lands as aforesaid, otherwise than by purchase, cause to be recorded in the registry of deeds for the county of Suffolk a description of the lands so taken as certain as is required in a common conveyance of land, together with the statement that the same have been taken under the authority of this act, which description and statement shall be signed by said board or by a majority thereof. The fee of any property so taken shall vest in the city, and said board of park commissioners shall determine, and said city shall pay, all damages sustained by any person or corporation in his property by any taking made under the authority of this Damages, deter- act, otherwise than by purchase; but said determination by said board of park commissioners shall not be a condition precedent to any application to either the superior court or the supreme judicial court for the assessment of said damages as provided in the following section.

mination of.

Petition for a jury to determine damages.

SECT. 3. Said board of park commissioners or any person sustaining damages in his property by any taking, otherwise than by purchase, made under authority of this act, if they fail to agree as to the amount of damages so sustained may within one year after such taking, file in the office of the clerk of the superior court for the county of Suffolk a petition for a jury to determine such damages, and thereupon, after such notice as said court shall order, the damages so sustained shall be determined by a jury in said court in the same manner as damages for lands taken for highways in said city are determined, and costs shall be taxed as in civil cases: provided, however, that if the person or corporation sustaining damages as aforesaid shall within six months after such taking, file in the office of the clerk of the supreme judicial court for the county of Suffolk a petition for the assessment of such damages, said court Court may ap. shall, after such notice to the parties as the court shall order, appoint point three dis- three disinterested persons who shall, after such notice as the court shall order, assess the damages, if any, which such petitioner may have sustained as aforesaid; and the award of the persons so appointed, or of a major part thereof, being returned into and accepted by said court, shall be final, and judgment shall be entered and execution issued thereon for the prevailing party, with costs taxed as in civil cases. In case of an application to the supreme judicial court as aforesaid, any petition theretofore filed in the superior court for the assessment of said damages shall forthwith abate and be superseded.

interested persons to determine damages.

SECT. 4. Said city, to better guard and protect the waters of City to exercise rights of Com. said Jamaica pond and said Ward's pond from pollution and intru- monwealth over sion, shall, after it has taken, by purchase or otherwise, all the lands both ponds. abutting on said ponds and until otherwise provided by statute, have and exercise all the right and control which the Commonwealth has in said ponds or in either of them; but nothing herein shall be construed to authorize said city to prevent said Jamaica Pond Ice Company or its assigns from continuing to cut and remove ice from said Jamaica pond and to carry on its business as heretofore during the period mentioned in section one of this act, if it shall so elect. SECT. 5. This act shall take effect upon its passage.

AN ACT RELATING TO THE ABOLITION OF GRADE CROSSINGS ON CHELSEA
BRIDGE AND CHELSEA BRIDGE AVENUE IN THE CITY OF BOSTON.

Be it enacted, etc.:

commissioners

alterations, etc.,

bridge.

SECTION 1. Upon petition of the mayor and aldermen of the city Superior court of Chelsea, the superior court, or any justice thereof sitting in may appoint equity for the county of Suffolk, after such notice by public adver- to prescribe tisement or otherwise as the court shall deem desirable, and a hear-in grade crossing, shall appoint, according to its discretion, a commission of three ings on Chelsea disinterested persons not residents of the county of Suffolk, who shall, after due notice and a hearing, prescribe the alterations and improvements necessary to abolish or overcome all grade crossings on that part of Chelsea bridge or Chelsea Bridge avenue crossing Mystic river in Boston in said county.

ner, etc., of

SECT. 2. The said commission shall prescribe the manner and Commission to limits within which such alterations and improvements shall be prescribe manmade, and shall further determine how the work shall be done; and alterations if said commission shall decide that said grade crossings shall be abolished or overcome by carrying the highway by a bridge or superstructure over the present railroad crossings on said bridge or avenue, it may discontinue the present highway under such bridge or superstructure, except so far as the use of the same may be required for the proper and convenient construction, maintenance, alteration and repair of said overhead structure and the foundation and support thereof and of any reconstruction of the same: provided, however, that the Lynn and Boston Railroad Company and the Boston and Chelsea Railroad Company shall have the same rights in any superstructure that may be erected hereunder as they have in the present bridge and roadway.

pany may build

SECT. 3. The Lynn and Boston Railroad Company, subject to Railroad com the approval of the board of harbor and land commissioners, may temporary build a temporary bridge or bridges, upon which bridge or bridges bridges. it may run its cars while said alterations and improvements are being made, and it shall primarily pay all the expenses thereof, including those of removal, and be liable for all damages arising in consequence thereof.

of cost of alter. ations.

SECT. 4. The Boston and Maine Railroad shall carry out such Apportionment alterations and improvements as said commission shall prescribe, and do all the work required therein; and of the cost incurred by said Boston and Maine Railroad in doing said work and making said alterations and improvements, as audited and approved by the auditors provided for in chapter four hundred and twenty-eight of

the acts of the year eighteen hundred and ninety, including in such cost the cost of the hearing and the compensation of the commissioners and auditors for their services, and including also damages mentioned in section five of chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety and in all acts in addition thereto or in amendment thereof, and including further all expenses of the Lynn and Boston Railroad Company in changing its tracks to said superstructure and in building said temporary bridge, five per centum shall be repaid to said Boston and Maine Railroad by said Lynn and Boston Railroad Company, and thirty per centum shall be repaid to said Boston and Maine Railroad by the Commonwealth, in the same manner and from the same funds that money is paid by the Commonwealth under the provisions of chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety; and of the amount so repaid to said Boston and Maine Railroad by the Commonwealth, eighteen per centum shall be repaid to the Commonwealth by each of said cities of Boston and Chelsea, in three equal annual payments of six per centum of said amount SECT. 5. Six per centum of the total amount to be repaid to the to be included Commonwealth by the cities of Boston and Chelsea, as provided in the preceding section, shall be included in and made a part of the sum charged to each of the cities of Boston and Chelsea for each of the ensuing three years, and shall be assessed upon them in the apportionment and assessment of their annual state tax. The state treasurer shall in each of said three years notify each such city of the amount of such assessment, which amount shall be paid by the city into the treasury of the Commonwealth at the time required for the payment, and as a part of its state tax.

Payments by
Boston and
Chelsea.

Amounts to be paid by Boston

in annual tax.

1890, 428, certain sections to apply.

SECT. 6. Sections four to twelve, inclusive, of chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety and all acts in addition thereto or in amendment thereof, shall be applicable to all proceedings under this act, so far as they shall not conflict with the provisions of this act: provided, however, that all damages occasioned by the taking of land, whether by either city or said railroad company, shall primarily be paid by said railroad

company.

SECT. 7. This act shall take effect upon its passage.

June 14, 1892.

Superintendent of streets to

AN ACT RELATING TO SIDEWALKS IN THE CITY OF BOSTON.

Be it enacted, etc. :

SECTION 1. The mayor and aldermen of the city of Boston may construct side. pass an order that the superintendent of streets of said city make a sidewalk along any highway or part thereof in said city, specifying in the order the locations, heights, widths, and materials for the sidewalks, and the said superintendent shall carry out said order.

walks when ordered.

Expenses, how paid.

SECT. 2. Any expenses incurred for any work so ordered and performed shall be paid out of the moneys appropriated under the provisions of section one of chapter three hundred and twenty-three of the acts of the year eighteen hundred and ninety-one, and shall be Expense to be repaid to said city as the assessable cost of the work by the owners of the several parcels of land bordering on the part of the highway along which the sidewalk is made: provided, however, that if any such parcel is devoted to public use, said city may assume and pay

repaid by

owners.