Aug. 12, 1862. and the day and hour when, he so received it; and that book shall at all times be open to the inspection of the mayor or either of the aldermen, or of any person by said board of aldermen authorized to make such examination. No purchase to be made of one week, ex- SECT. 3. No keeper of such shop shall directly or indirectly, minor, &c., and either purchase, or receive by way of barter or exchange, any no sale within of the articles aforesaid of any minor or apprentice, knowing or having reason to believe him to be such; and no article purchased by such shopkeeper shall be sold by him until a period of at least one week from its purchase or receipt by him shall have elapsed, without entering on his book the name and address of the purchaser, with other proofs sufficient to enable him to keep trace thereof. Dec. 6, 1862. Keeper of shop to have a sign, Aug. 12, 1862. All articles to be open to examination, &c. Ibid. Time when shop may be kept open. Aug. 12, 1862. Dec. 6, 1862. License to designate place of business. Aug. 12, 1862. Penalties. Sellers of books and furniture exempt. Ibid. License to con tain provisions of ordinance. Ibid. SECT. 4. Every keeper of such shop shall put in some suitable and conspicuous place on his shop a sign, having his name and occupation legibly inscribed thereon, in large letters. SECT. 5. Every such shop, and all articles of merchandise therein, may be examined at any time by the mayor, or either of the aldermen, or by any person by the board of aldermen authorized to make such examination. SECT. 6. No keeper of such shop shall have the same open for the transaction of business, except during the time between the rising of the sun and nine o'clock in the afternoon each week-day except Saturday, when said shop may be kept open until ten o'clock in the evening. SECT. 7. All licenses granted under this ordinance shall designate the place where the person licensed may carry on his business; and he shall not engage in, or carry on, his business under his license in any other place than the one so designated. SECT. 8. Any person offending against either of the provisions of this ordinance shall forfeit a sum not exceeding twenty dollars for each offence. SECT. 9. Persons who buy or sell no second-hand articles except books or furniture shall be exempt from the provisions. and conditions of section three. SECT. 10. All the provisions of this ordinance shall be incorporated into every license which shall be granted under it. SEWERS AND DRAINS. STATUTES. 1. Board of aldermen may lay and repair sewers and drains. 2. Land to be taken and damages appraised as in laying out highways. 3. In towns which shall accept, &c., main drains and sewers may be laid. 4. Persons entering their drains into main drain to be assessed, &c. 5. Such assessments to constitute a lien. How collected. 6. Party aggrieved may have jury. To file specification of objections. 7. Town may provide that part of expense shall be paid by town, &c. In Boston, not less than one quarter shall be so paid. 8. Highways, streets, &c., not to be dug up to lay drains, &c., without consent of selectmen. 9. Drains, &c., how to be constructed. 10. Persons benefited to share ex pense of making drains, repairing, &c. 3. Common sewers to be laid near centre of street. Manner of construction. Size. 4. Superintendent to ascertain and enter in a book the dimensions, &c., of sewers to be built. 5. To keep account of expense of each, and report to board of aldermen, &c. 6. Board of aldermen, in making assessments, to deduct not less than one quarter of the expense. Manner of assessment. 7. Manner of entering, demanding, and collecting assessments. 8. Same duties to be performed in relation to common sewers heretofore constructed. 9. Board of aldermen may compel owners of land to make drains. May make same at owner's expense, in case they neglect. Rain-water from roofs may be carried into common sewers. 10. 11. Penalty for entering drain into common sewer without permit. Fee for permit. 12. Drains entering common sewers, how to be built, &c. License. 11. To share expense of removing 13. Persons licensed, to execute a STATUTES. Board of aldermen in Boston 1. The board of aldermen of the city of Boston may lay, may lay and re- make, and maintain, in said city, all such main drains or com pair sewers and drains. G. S. 48, § 1. Land to be taken, and dam highways. Ibid. § 2. mon sewers as they shall adjudge to be necessary for the public convenience or the public health, and may repair the same from time to time whenever it is necessary.1 2. When land is taken by virtue of the preceding section, ages appraised the board shall proceed in the manner required by law in taking as in laying out land for public highways or streets; and persons suffering damage in their property shall have the rights and remedies for the ascertainment and the recovery of the amount of such damage provided by law for the ascertainment and recovery of damages for lands taken in said city of Boston for public highways or streets. In certain towns main drains and sew Ibid. § 3. 9 Cush. 233. 2 3. In any city or town in which chapter one hundred and fifteen of the Statutes of eighteen hundred and forty-one has ers may be laid. been accepted according to the provisions of that act, and in any city in which this and the three following sections have been accepted by the city council, and in any town in which the same have been accepted by the legal voters at a meeting called for that purpose, the mayor and aldermen of the city and the selectmen of the town may lay, make, maintain, and repair all main drains or common sewers; and all the 1 The city of Boston has the right to construct a sewer for the purpose of carrying off the drainage from high to low water mark, and it is not only the right, but the duty of the city to extend their sewers to low-water mark, for the purpose of removing a nuisance injurious to the health of the citizens. City of Boston v. Lecraw, 17 Howard (U. S.) 426. By the old law of Massachusetts, a littoral proprietor of land owned down to low-water mark, subject to the condition that until he occupied the space between high and low water mark, the public had a right to use it for the purposes of navigation, and that the city of Boston had the same right as other littoral proprietors, and consequently had the control over a dock situated between two wharves, one end being at high, and the other at low water mark, and that the city had not dedicated the dock to public uses merely by abstaining from exercising a control over it. Ibid. The exclusive control of the construction of sewers in Boston is in the board of aldermen, and the city is not liable for injuries occasioned to private estates by their construction if according to the order of that board; but the city is liable for injuries caused by suffering them to be out of repair. Child v. Boston, 4 Allen, 41. 2 Accepted by the city council, April 7, 1841. main drains or common sewers shall be the property of such G. S. 48, § 3. city or town. ing drains into main drain to G. S. 48, § 4. be assessed, &c. 4. Every person who enters his particular drain into such Persons entermain drain or common sewer, or who, by more remote means, receives benefit thereby, for draining his cellar or land, shall pay to the city or town a proportional part of the charge of making and repairing the same, to be ascertained, assessed, and certified by the mayor and aldermen or selectmen, and notice thereof shall be given to the party to be charged, or his tenant or lessee. sale ments to con and may, with costs and ex after penses, be col 5. Assessments so made shall constitute a lien on the real Such assessestates assessed for one year after they are laid, and may to- stitute a lien, gether with incidental costs and expenses, be levied by thereof if the assessment is not paid within three months a written demand for payment, made either upon the person Ibid. § 5. assessed or upon any person occupying the estate; such sale to be conducted in like manner as sales for the non-payment of taxes.1 lected by sale. may have jury. 6. A person aggrieved by such assessment may, at any Party aggrieved time within three months from receiving notice thereof, apply Mode of profor a jury. Such application shall be made in like manner and ceeding. Ibid. § 6. the proceedings thereon shall be the same as in case of lands See § 10. taken for laying out of highways; provided, that before making his application the party shall give one month's notice in writing to the selectmen or mayor and aldermen of his intention so to apply, and shall therein particularly specify his objections to the assessment made by them; to which specification he shall be confined upon the hearing by the jury. town, &c. 7. Nothing herein contained shall prevent a city or town Part of expense from providing, by ordinance or otherwise, that a part of the may be paid by expense of constructing, maintaining, and repairing main drains G. S. 48, § 7. or common sewers shall be paid by such city or town. And Ibid. in the city of Boston, not less than one quarter part of such How in Boston. expense shall be paid by the city, and shall not be charged upon those using the main drains or common sewers. 8. Whoever digs or breaks up the ground in a highway, Highways, &c., 1 See Collection of Taxes, post. when may be dug up to lay drains, &c. G. S. 48, § 8. Drains, &c., Persons bene- making drains, Persons bene fited by drains to share ex ing obstruc tions, &c. street, or lane in any town, for the laying, altering, or repairing of a drain or common sewer, without the consent of the selectmen in writing, shall forfeit five dollars for each offence to the use of the town. 9. All drains and common sewers in a street or highway shall be substantially made or repaired with brick or stone, or with such other materials, and in such manner, as the selectmen of the town shall permit or direct. 10. When a person, by the consent and under the direction of the selectmen, at his own charge, makes and lays a common sewer or main drain for the benefit of himself and others who think fit to join therein, every person who afterwards enters his particular drain into the same, or by any more remote means receives benefit thereby for the draining of his cellar or land, shall pay to the owners of such common sewer or main drain a proportional part of the charge of making and repairing the same, to be determined by the selectmen of the town and certified under their hands; saving always to the party aggrieved by any such determination the right to a trial by jury, as provided in section six. 11. When a common sewer or main drain is stopped or gone to decay, so that it is necessary to open the same in order pense of remov- to repair it or to remove such stoppage, all persons benefited by such repair or removal of obstructions, as well those who do not as those who do cause such repairs to be made or obstruction to be removed, shall pay to the person incurring the expense their proportional parts thereof, to be determined as provided in the preceding section. G. S. 48, § 11. Those refusing to pay their 12. Every person so required to pay his proportional part of the expense of making or repairing a drain or common sewer, shall pay dou- shall have notice of the sum and of the person to whom the proportions, ble amount, &c. Ibid. § 12. 7 Cush. 277. 9 Cush. 233. same is to be paid; and if he does not, within seven days after such notice, pay the same to the person authorized by the selectmen to receive it, he shall be held to pay double the amount certified by the selectmen as aforesaid, with all expenses arising upon such neglect; and the person so authorized by the selectmen may recover the same in an action of contract in his own name. |