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by and through the agency of said Cochituate water board, if said board shall deem expedient, to store and distribute water for maintaining and equalizing the flow of water in the river selected by said city as its source of supply, or in the rivers into which said river may discharge, and for this purpose said city may take and hold such land and real estate as may be necessary for building and maintaining dams, reservoirs or other structures and appliances for storing and discharging water. And the said city may, through the same agency, make and build such dams, reservoirs and other structures and appliances, at any point or points upon the said Sudbury River, and upon any and all streams flowing into the same.
SECT. 4. Nothing contained in this act shall be so construed as to authorize the City of Boston to reduce the water in Sudbury River below a sufficient height to maintain at all times a running stream therein, which shall flow at least one and one-half million gallons a day for each and every day in the year, or to draw from Farm Poud or Sudbury River into Lake Cochituate, when the water runs over the dam at Lake Cochituate, or to prevent the inhabitants of the towns of Framingham, Ashland, Southborough, Hudson and Westborough from taking from the Sudbury or Assabet Rivers or Farm Pond so much of the water hereby granted as shall be necessary for extinguishing fires, and for all ordinary domestic and household purposes, and for the generation of steam, or from cutting and carrying away ice from said pond, or aś to prevent the Boston and Albany Railroad Company, or the Mansfield and Framingham Railroad Company, or the Boston, Clinton and Fitchburg Railroad Company from taking water from Farm Pond, for use in locomotive or other engines, or for other railroad purposes, under such regulations of the City Council of the City of Boston as may be essential for the preservation of the purity of the same.
SECT. 5. The City of Boston shall be liable to pay all damages that shall be sustained by any persons in their property, by the taking of or injury to any land, real estate, water or water rights, or by the flowage of the lands of any persons, or by the interference with or injury to any use or enjoyment of the water of said river to which any person, at the time of such taking, is legally entitled, or by any other doings under this act; and in regard to such taking, injury, interference and flowage, 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 regulations which are provided in the one hundred and sixtyseventh chapter of the acts of the year eighteen hundred and forty-six, and the three hundred and sixteenth chapter of the acts of the year eighteen hundred and fifty.
Sect. 6. Whenever the City of Boston shall dig up any street or way, as aforesaid, it shall restore the same in as good order and condition as the same shall be in when such digging commenced ; and the City of Boston shall, at all times, indemnify and save harmless the several towns within which such street or way may be, against all damages which may be recovered against them respectively, and shall reimburse to them all expenses which they shall incur by reason of any defect or want of repair in any street or way caused by the construction of any of said works, or laying of said pipes, or by the maintaining or repairing the same : provided, that said city shall have due and reasonable notice of all claims for such damages or injury, and opportunity to make a legal defonce thereto.
SECT. 7. If any person or persons shall wantonly or maliciously divert the water, or any part thereof, of any of the rivers, ponds, streams or water sources, which shall be taken by the city, pursuant to the provisions of this act, or shall corrupt the same, or render it impure, or destroy or injure any dam, aqueduct, pipe, conduit, hydrant, machinery or other property held, owned or used by the said city, by the authority and for the purposes of this act, every such person or persons shall forfeit and pay to the said city three times the amount of the damages that shall be assessed therefor, to be recovered by any proper action. And every such person or persons may, moreover, on indictment and conviction of either of the wanton and malicious acts aforesaid, be punished by fine not exceeding one thousand dollars, and imprisonment not exceeding one year, or by confinement to hard labor in the State prison for a term not exceeding ten years.
SECT. 8. The City of Boston is authorized, if said city shall deem it expedient so to do, to supply the towns of Framingham, Newton, West Roxbury, Brighton and Brookline, or either of them, with water, in such quantities, under such conditions, and upon such terms as may be agreed upon between said city and said towns, or either of them; and
such towns shall respectively have power to distribute the water so supplied among the inhabitants of said towns.
SECT. 9. The Commonwealth may take and convey water from said Sudbury River, or any of the reservoirs to be constructed by said city, to and for the use of the state normal school buildings, in said town of Framingham.
SECT. 10. This act shall take effect upon its passage. [ Approved April 8, 1872.]
With a view to enable the Board of Health to take more effectual measures to prevent the spread of small-pox, your committee procured the passage of an act (Chap. 189) authorizing the removal of persons sick with that disease, who are residing in boarding-houses, hotels, or where two or more families occupy the same dwelling, and in all other cases where, in the opinion of the Board of Health and the attending physician, the case cannot be properly isolated.
On the petition for the annexation of Mount Hope Cemetery the following act was passed :
[CHAP. 197.] An Act to annex Mount Hope Cemetery to the City of
Boston. Be it enacted, &c., as follows:
SECT. 1. All that territory lying in the town of West Roxbury, being the property of the City of Boston, and known as Mount Hope Cemetery, with the inhabitants and estates therein, is hereby annexed to and made a part of the City of Boston, and shall hereafter constitute a part of the County of Suffolk, subject to the same municipal regulations, obligations and liabilities, and entitled to the same immunities in all respects as the said city. The said territory is bounded as follows: : beginning at the north-west corner of Back and Walk Hill streets, on the boundary line between the City of Boston and the town of West Roxbury as it existed before the passage of this act; thence running north-westerly by the south-westerly line of Walk Hill street to a private way leading along the north-westerly boundary of Mount Hope Cemetery from Walk Hill street to Canterbury street; thence south-westerly by the south-easterly line of said private way, to Canterbury street; thence south-easterly on the division line between Mount Hope Cemetery and land of Samuel Whittemore, to an angle in said line; thence again southwesterly by the north-westerly boundary line of Mount Hope Cemetery to a private way leading from Canterbury street to Berry street; thence south-easterly by the north-easterly line of said private way to the division line between Mount Hope Cemetery and Mount Calvary Cemetery; thence northeasterly by the said division line between Mount Hope Cemetery and Mount Cavalry Cemetery, to an angle in said line; thence south-easterly by the same to back street; and thence north-easterly by the north-westerly line of Backstreet, being the boundary line between said City of Boston and said town of West Roxbury, as it existed before the passage of this act, to the point of beginning.
SECT. 2. This act shall take effect upon its passage. [ Approved April 12, 1872.]
The act in relation to the Inspection of Provisions in cities and towns (Chap. 231) was passed upon the petition of this city. The necessity for this legislation is sufficiently set forth in City Doc. No. 74, 1871. This act was made general at the request of the House Judiciary Committee. It does not go into effect until adopted by the City Council. The text is as follows:
An Act to provide for the Appointment of Inspectors of
Provisions in Cities and Towns.
Be it enacted, &c., as follows:
SECT. 1. The mayor and aldermen of cities and the selectmen of towns may annually appoint one or more persons to be inspectors of provisions, who shall be sworn to faithfully discharge the duties of their office, and who shall receive such compensation as the city council of cities or the selectmen of towns shall determine.
SECT. 2. Said inspectors shall have power to inspect all meats, fish, vegetables, produce and provisions of all kinds brought into said cities or towns, or exposed for sale or kept
with intent to sell therein ; and may for this purpose enter into all buildings where said meats, fish, vegetables, produce or provisions are stored or exposed for sale. When such meat, fish, vegetables, produce or provisions are found on such inspection to be tainted, diseased, corrupted, decayed or unwholesome from any cause, said inspectors shall seize the same and cause it to be destroyed or disposed of otherwise than for food : provided, however, that if the owner of the property seized shall at the time of seizure notify said inspector in writing of his desire to appeal to the board of health, said inspector shall cause said meat, fish, vegetables, produce or provisions to be inspected by said board of health or by a committee thereof, consisting of not less than two members, and if said board or committee shall find the same to be tainted, diseased, corrupted or unwholesome, they shall order the same to be destroyed or disposed of otherwise than for food. All moneys received by said inspector or board of health for property disposed of as aforesaid, shall, after deducting all expenses incurred by reason of said seizure, be paid to the owner thereof.
Sect. 3. .Said inspectors shall have power to inspect all veal brought into said cities or towns, or offered or exposed for sale, or kept with intent to sell therein, and if said veal is in the judgment of the inspector, that of a calf killed under four weeks old, he shall seize the same and cause it to be destroyed or disposed of as provided in the preceding section, subject, however, to the same provisions concerning appeal and the disposal of moneys that are therein contained.
SECT. 4. When complaint is made on oath to any police court or magistrate authorized to issue warrants in criminal cases, that the complainant believes that any tainted, diseased, corrupted, decayed or unwholesome meat, fish, vegetables, produce or provisions of any kind, or any veal of a calf killed under four weeks old is kept or concealed in any particular house or place with the intent to sell or offer the same for sale, the court or magistrate, if satisfied there is reasonable cause for such belief, shall issue a warrant to search for such articles, and all such warrants shall be directed and executed as provided in the third section of chapter one hundred and seventy of the General Statutes.
SECT. 5. Whoever knowingly sells, or offers, or exposes for sale, or has in his possession with intent to sell as articles of food, any tainted, diseased, corrupted, decayed or un