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CITY OF BOSTON.
IN BOARD OF ALDERMEN, May 6, 1872. Ordered, That an act entitled "An Act in relation to Sidewalks in cities,” passed by the General Court, May 3, 1872, be and the same is hereby accepted.
Read twice and passed.
S. LITTLE, Chairman.
COMMONWEALTH OF MASSACHUSETTS.
In the year one thousand eight hundred and seventy-two.
In relation to Sidewalks in Cities.
Be it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The Board of Mayor and Aldermen in any city may grade and construct sidewalks, and complete any partially constructed sidewalk in any street of such city as the public convenience may require, with or without edgestones as sand Board shall deem expedient, and may cover the same with brick, flat stones, concrete, gravel or other appropriate material, and may assess upon the abuttors on such sidewalks in just proportions not exceeding one-half of the expense
of the same; but all assessments so made shall constitute a lien upon the abutting land, and be collected in the same manner as taxes on real estate are now collected, and such sidewalks when constructed with edgestones, and covered with brick, flat stones or concrete, shall afterwards be maintained at the expense of such city. When any such sidewalk shall be permanently constructed with edgestones and covered with brick, flat stones or concrete, as aforesaid, there shall be deducted from the assessment therefor any sum which shall have been previously assessed upon the abutting premises, and paid to the city for the expense of the construction of the same, in any other manner than with edgestones and with brick, flat stones or concrete, as aforesaid ; and such deduction shall be made pro rata and in just proportions from the assessments 'upon different abuttors, who at the time of such assessments are owners of the estate which at the time of such former assessments was the estate of the abuttors who had previously paid such former assessments.
SECT. 2. In estimating the damage sustained by any party, by the construction of sidewalks as aforesaid, there shall be allowed by way of set-off the benefit, if any, to the property of the party by reason thereof.
SECT. 3. All acts and parts of acts inconsistent with this act are hereby repealed.
SECT. 4. This act shall not take effect in any city unless accepted by the City Council thereof.
HOUSE OF REPRESENTATIVES, April 30, 1872.
Passed, to be enacted.
JOHN E. SANFORD, Speaker.
IN SENATE, May 3, 1872. Passed, to be enacted.
HORACE H. COOLIDGE, President.
May 3, 1872.
W. B. WASHBURN.
SECRETARY'S DEPARTMENT, BOSTON, May 6, 1872. A true copy Attest:
CHARLES W. LOVETT, Deputy Secretary of the Commonwealth.