Dec. 31, 1862. Penalty for con drain without Ibid. be regraded or repaved at his expense by direction of the superintendent of sewers; also that he will cause a sufficient fence to be placed and fixed so as to enclose such excavation, earth, stone, or other material which may be put into the street, and to maintain such fence during the whole time such excavation, earth, or other material may obstruct the street; and that he will cause one or more lighted lanterns to be maintained in a conspicuous place over such excavation, earth, or fence, from the beginning of twilight of every evening and through every night during the time such excavation or obstruction in the street may exist; and further, that he will comply with the ordinances in relation to sewers, and drains, and streets, and to such orders and regulations as the board of aldermen may adopt for the proper government of persons licensed to construct or repair private drains or open and dig in the street or highway for that purpose; and that he will indemnify and hold harmless the city from any damage or costs to which they may be put by reason of injuries resulting to any one from neglect or carelessness in making and repairing such drain, or in performing any work connected therewith, or in properly fencing or lighting at night any excavation or obstruction caused by making or repairing such drain. SECT. 14. If any drain in any street or highway shall be structing, &c., constructed or repaired, or excavation be made for that purpose permission, &c. without the permission authorized in section thirteen, or in a mode different from that prescribed therein, the person doing such work and the owner or agent directing the same shall respectively be liable to a penalty not exceeding fifty dollars. SECT. 15. No owner or owners of any real estate to whom permission has been or shall be given to construct private drains for such estate shall by the construction of such private drains be exempted from an assessment lawfully imposed for constructing common sewers in the same vicinity. Permission not to exempt from assessment. Ibid. Drains to be cleansed, repaired, &c. Ibid. SECT. 16. Whenever any drain connecting with any common sewer or drain shall become clogged, obstructed, broken, out of order, or detrimental to the use of the sewer or other drain, or unfit for the purposes of drainage, the owner, agent, occupant, or person having charge of any building, yard, lot of Dec. 31, 1862. land, or other premises which are drained by said drain, shall, when directed by the board of aldermen, within five days after notice in writing from said board, remove, reconstruct, alter, cleanse, or repair said drain as the condition of said drain may require. &c. Ibid. In case of neglect or refusal to remove, reconstruct, repair, Penalty for not alter, or cleanse said drain for the space of five days, the board gleaning drains, of aldermen shall cause the same to be removed, reconstructed, repaired, altered, or cleansed as they may deem expedient, at the expense of the owner, agent, occupant, or other person, as aforesaid, and such owner, agent, occupant, or other person shall also be liable to a penalty not exceeding fifty dollars. permitting ob Ibid. SECT. 17. Any owner, agent, occupant, or other person Penalty for having charge of any building, yard, lot of land, or other prem- struction to ises which are drained into any common sewer or drain, who sewer or drain. shall permit any gravel, sand, ashes, or any substance or matter which shall form a deposit or obstruction in any common sewer or drain, to flow or pass into the same, shall be liable to a penalty of not more than twenty dollars for each offence. how removed Ibid. And said owner, agent, occupant, or other person as afore- Obstructions, said shall, when directed by the board of aldermen, within ten and prevented. days after notice in writing to that effect from said board, provide to his or their drain a sufficient cesspool or catch-basin, or if one already exist, to clean out, repair, or alter the same, and provide such other means as shall prevent any substance or matter from passing into the sewer or drain which shall cause a deposit or obstruction therein. owner neglects Ibid. In case of neglect or refusal to provide a cesspool or catch- Proceedings if basin, or clean out, repair, or alter such cesspool or catch-basin to provide cessif one exist, for the space of five days, the board of aldermen pool, &c. shall cause to be constructed a suitable and sufficient cesspool or catch-basin, or if one exists to repair, alter, and clean the same, and provide such other means to prevent any substance or matter from passing into the sewer or drain that shall cause a deposit or obstruction therein, as they may deem expedient, at the expense of the owner, agent, occupant, or other person cleaning, &c., cesspool. Penalty for not having charge of the premises as aforesaid, and such owner, agent, occupant, or other person shall also be liable to a penalty not exceeding twenty dollars. Dec. 31, 1862. Repealing clause. Ibid. Vaults may be connected with common mission of superintendent SECT. 18. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECT. 19. The superintendent of sewers, under the direction of the board of aldermen, is authorized to permit under sewers by per- such restrictions, and on the payment of such sum, not exceeding thirty dollars, as they shall deem expedient, the construction of sufficient passageways or conduits under ground for the purpose of conveying the contents of any vaults into any common sewer or drain. of sewers. May 21, 1863. See Health, ante, pp. 316, 317. City solicitor to be chosen. His qualifications, April 29, 1846. ORDINANCE. SOLICITOR. 1. City solicitor to be chosen. His 2. His duties. for the city. To defend suits against the city. To appear before the legislature and committees thereof. To furnish legal opinions. 3. To commence and prosecute suits 4. Salary. Expenses, &c. ORDINANCE.' SECTION 1. On the first Monday of February, annually, or within sixty days thereafter, there shall be elected, by concurrent vote of both branches of the city council, a solicitor for the city of Boston, who shall be a resident citizen thereof, and who shall have been admitted an attorney and counsellor of the courts of the commonwealth, and who shall not hold any other office under the city government during the period for which he is elected. He shall hold his office for one year from the first Monday of April in the year in which he shall be elected, unless An ordinance providing for the appointment of a city solicitor, and prescribing his duties, passed April 29, 1846. sooner removed; and he shall be removable at the pleasure of April 29, the city council, and vacancies may be filled at any time for the unexpired term. Ibid. 1846. SECT. 2. It shall be the duty of said solicitor, by himself, His duties. or by some person by him duly authorized, for whose conduct, skill, and faithfulness he shall be accountable, to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements, and other legal instruments, of whatever nature, which may be required of him, by any ordinance or order of the board of aldermen, or of the city council, or which, by any ordinance or order heretofore passed, may be requisite to be done and made by the city of Boston, and any person or persons contracting with the city in its corporate capacity, and which, by law, usage, or agreement, the city is to be at the expense of drawing. and prosecute SECT. 3. It shall be the duty of said city solicitor to com- To commence mence and prosecute all actions and suits to be commenced by suits for city. the city before any tribunal in this commonwealth, whether in Ibid. law or equity; and also to appear in, defend, and advocate the solicitor to rights and interests of the city, or any of the officers of the city, against city or in any suit or prosecution for any act or omission in the dis- its officers. charge of their official duties, wherein any estate, right privilege, ordinances, or acts of the city government, or any breach defend suits fore legislature Ibid. of any ordinance, may be brought in question. And said solic- To appear beitor shall also appear before the legislature of the common- and committees wealth, or any committee thereof, whether of either or both thereof. branches of the same, and there, in behalf of the city, represent, answer for, defend, and advocate the interests and welfare of said city, whenever the same may be directly or incidentally affected, whether to prosecute or defend the same; and he shall in all matters do all and every professional act, incident to the office, which may be required of him by the city government, or by any joint or special committee thereof, or by any ordinance or order heretofore passed; and he shall, when required, fur- To furnish legal nish the mayor, the board of aldermen, the common council, opinions. or any joint or special committee of either branch thereof, and to any officer of the city government, who may require it in the April 29, 1846. official discharge of his duties, with his legal opinion on any subject touching the duties of their respective offices. Salary, expenses, &c. Ibid. SECT. 4. In full compensation for all the services of said solicitor, he shall receive such salary as the city council may from time to time fix and determine. In all cases, however, when his attendance may be required out of the city, his reasonable travelling expenses shall be allowed him; and in suits and prosecutions, he shall be entitled to receive and retain for his own use the legal taxable costs which may be recovered of the adverse party, where the city shall recover the same, according to the usage and practice of the courts. |