when deemed R. S. 24, 61. 8 Met. 578. 4 3 Gray 215 all. 30 349 fall. 20 8 all. 473 Where buildings or fences have been erected and con- Fences, &c., e than twenty years, fronting upon or against a training boundaries of place, common landing place, highway, private way, street, highways, &c. and from the length of time or otherwise the boundaries 17 Pick. 309. known, or cannot be made certain by the records or by ch fences or buildings shall be deemed and taken to be the il Cush. 487. 107 m. 234 s thereof. When such boundaries can be made certain, me, less than forty years, shall justify the continuance of ling on a town or private way, or on a highway, training lace, landing place, or other land appropriated for the genvenience of the inhabitants of the commonwealth, or of a or parish; but the same may upon the presentment of e removed as a nuisance. sance is taken Costs. 110m. .52% he limitations of time prescribed in the preceding section Limitation. et from and after the thirty-first day of December in the R. S. 24, § 62. sand eight hundred and thirty-nine. 107 Mass. 234 When a building, fence, or other encumbrance, erected or When building a town or private way, or on a highway, training field, adjudged a nuilanding place, or other land appropriated for the general down, sold, &c. nience of the inhabitants of the commonwealth, or of a R. S. 24, § 63. or parish, is adjudged a nuisance and ordered to be abated, rials, upon a sale thereon by auction, shall be insufficient its and charges of prosecution and removal, the court may icient sum to be raised and levied from the goods and party convicted of erecting or continuing such nuisance. Any person may take down and remove gates, rails, bars, Gates, rails, &c., pon or across a highway, unless the same have been there how and when repurpose of preventing the spreading of a disease dangerous RS 25, § 27. health, or have been erected or continued by the license 10 Mass. 71. commissioners or of the selectmen of the town; in which 8.473 aggrieved by such taking down and removal may apply to oners, or selectmen, respectively, who may order the same 1. on highways, moved; on town or private ways, how removed. [f fence[s], gates, rails, or bars are upon or across a town Shade trees may be planted in 1 Shade trees, how See Ch. 44, § 8. ever it may not interfere with the public travel or with private rights; and shade trees standing and trees planted pursuant to such license shall be deemed and taken to be the private property of the person so planting them, or upon whose premises they stand or are planted, and shall not be deemed a nuisance; but upon complaint made to the mayor and aldermen, or selectmen, they may cause such trees to be removed 1875-174 at the expense of the owner thereof, if the public necessity seems to them so to require. Ch. 45, § 6. 1867, 242. 1869, 381. 97 Mass. 472. 99 Mass. 597. penalty for in juring, &c.; 1856, 256, § 2. SECT. 7. Whoever wantonly injures, defaces, tears, or destroys, an ornamental or shade tree, or shrub, statue, fountain, vase, or other plant See 1867, 242, § 2. Or fixture of ornament or utility, in a street, road, square, court, park, public garden, or other enclosure, shall forfeit not less than five nor more than one hundred dollars, to be recovered by complaint, one-half to the complainant and the other half to the use of the person upon whose property, or within whose premises, the trespass was committed. owner of beast &c.; 1859, 261. 100 Mass. 257. SECT. 8. Whoever negligently or carelessly suffers any horse or other damaging, liable, beast driven by or for him, or any beast belonging to him and lawfully on the highway, to break down, destroy, or injure any tree not his own, standing for use or ornament on said highway, or negligently or wilfully by any other means breaks down, destroys, or injures any such tree, shall be subject to an action for damages, at the suit of the owner or tenant of the land in front of which the tree stands. may be set out at public expense, when, &c. Sums to be appropriated. SECT. 9. In a city in which the city council, and in a town in which the inhabitants, have accepted this section, the mayor and aldermen or selectmen may set out and maintain shade trees upon the public squares and highways, at the expense of such city or town, which may appropriate annually, for that purpose, a sum not exceeding twenty-five cents for each of its ratable polls in the year next preceding that in which 1875-174 such appropriation is made. 1857, 115, §§ 1, Seo Ch. 44, § 8. 2, 3. SECTION 1. No person shall keep a ferry and receive pay, unless he first obtains a license therefor from the county commissioners. Such license may be granted to suitable persons for such time as the commissioners think proper, and they may revoke it when necessary. SECT. 2. The commissioners shall establish the fares or tolls at each ferry for passengers, horses, carriages, and other things, there transported, always having regard to the length and situation of the ferry, and the number of persons passing the same; and in all cases taking bond with sufficient sureties of each ferryman for the faithful performance of his duty. But this and the preceding section shall not apply to ferries established by law prior to the thirtieth day of April in the year one thousand eight hundred and thirty-six. SECT. 3. Every ferryman shall keep a safe and good boat or boats in good repair, adapted to the waters where they are to be used, and shall R. S. 26, §§ 3, 4. give ready attendance on passengers on all occasions, according to the Penalty. of in Remedy for damage by default of R. S. 26, § 5. ferry men. 8 Gray, 547. SECT. 4. Whoever sustains an injury by the negligence or default a ferryman may have a remedy by an action upon the bond required in this chapter; and in such action like proceedings may be had as actions brought on the bonds of sheriffs. SECT. 5. Whoever without lawful authority keeps a ferry and Penalty for keepdemands or receives pay or toll therefor, shall forfeit a sum not exceed- authority. ing five dollars for every day that he keeps such ferry, and be further R. S. 26, § 6. liable in an action of tort for such damages as are thereby occasioned to any person authorized to keep an established ferry. ing ferry without maintain ferry. SECT. 6. When the commissioners judge it necessary to establish When towns to a ferry, and no person appears to keep the same for the stated profits R. S. 26, § 7. thereof, the town where such ferry may be shall provide one or more suitable persons to keep and attend the same at such place and in such times of the year as the commissioners order, which persons shall be licensed as aforesaid; and the expense of maintaining such ferry, beyond the amount received for tolls, shall be paid by the town. SECT. 7. If such ferry is established between two towns, they shall When two towns maintain the same, either jointly or alternately, as the commissioners R. S. 26, § 8. shall order. to bear expense. 1874,265 SECT. 8. A town neglecting to maintain a ferry as provided in the Penalty for negtwo preceding sections, shall forfeit for each month's neglect a sum not R. S. 26, § 9. exceeding one hundred dollars. 1. Board of aldermen in Boston 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 the main drain to be assessed, &c. 5. Such assessments to constitute a lien. 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 to be so paid. SECTION men in Boston (R.) Repeal and 1869, 111. SECTION 1. (R.) [The board of aldermen of the city of Boston may Board of alderlay, make, and maintain, in said city, all such main drains or common may lay drains. sewers as they shall adjudge to be necessary for the public convenience 1857, 225, § 1. or the public health, and may repair the same from time to time when- substitute. ever it is necessary.] SECT. 2. (R.) [When land is taken by virtue of the preceding Land to be taken section, the board shall proceed in the manner required by law in taking praised. land for public highways or streets; and persons suffering damage in (R) Repeal and their property shall have the rights and remedies for the ascertainment substitute. and the recovery of the amount of such damage provided by law for the and damages ap 1869, 111. In certain towns ascertainment and recovery of damages for lands taken in said city of Boston for public highways or streets.] SECT. 3. (R.) [In any city or town in which chapter one hundred Lain drains and and fifteen of the statutes of eighteen hundred and forty-one has been sewers may be Lid 9 Cush. 233. (R.) Repeal and Persons entering drains into main to be as sessed, &c. 1841, 115, § 2. 99 Mass. 653. 111m. 123 117.363 Such assessments to constitute a lien. 1841, 115, § 3. Party aggrieved may have jury. Mode of proced. ing. 6 Allen, 134. accepted according to the provisions of that act, and in any city in which this and the three following sections of this chapter 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 main drains or common sewers shall be the property of such city or town.] SECT. 4. Every person who enters his particular drain into such main 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. SECT. 5. Assessments so made shall constitute a lien on the real estates assessed for one year after they are laid, and may, together with incidental costs and expenses, be levied by sale thereof if the assessment is not paid within three months after, a written demand for payment, made either upon the person assessed or upon any person occupying the estate; such sale to be conducted in like manner as sales for the nonpayment of taxes. SECT. 6. A person aggrieved by such assessment may, at any time Within three months from receiving notice thereof, apply for a jury. Such application shall be made in like manner and the proceedings thereon shall be the same as in case of lands taken for laying out of highways: provided, that before making his application the party shall 1874.283 give one month's notice in writing to the selectmen or mayor and 111m.123 aldermen of his intention so to apply, and shall therein particularly 17.78 specify his objections to the assessment made by them; to which speci fication he shall be confined upon the hearing by the jury. Part of expense may be paid by How, in Boston, town, &c. 1841, 115, § 5. SECT. 7. Nothing herein contained shall prevent a city or town from providing, by ordinance or otherwise, that a part of the expense of constructing, maintaining, and repairing, main drains or common sewers, shall be paid by such city or town. And in the city of Boston, not less than one-quarter part of such expense shall be paid by the city, and shall not be charged upon those using the main drains or common sewers. SECT. 8. Whoever digs or breaks up the ground in a highway, up to lay drains, 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. Highways, &c., &c. Drains, &c., how to be constructed. R. S. 27, § 2. Persons benefited to share expense of making drains, repairing, &c. R. S. 27, § 3. See § 13. SECT. 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. SECT. 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 sec tion six. expense of remov &c.; SECT. 11. When a common sewer or main drain is stopped or gone Persons benefited to decay, so that it is necessary to open the same in order to repair it by drains to share or to remove such stoppage, all persons benefited by such repair or re- ing obstructions, moval of obstructions, as well those who do not as those who do cause R. S. 27, § 4. 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. SECT. 12. Every person so required to pay his proportional part of the expense of making or repairing a drain or common sewer, shall have notice of the sum and of the person to whom the 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. refusing to pay shall pay double' S. 27, 35. their proportions, the amount, &c. R. given before drain, R. S. 27, § 6. SECT. 13. Whoever has occasion to open a common sewer or main Notice to be drain in order to clear and repair the same, shall, seven days at least opening any before he begins to open the same, give notice to all parties interested, by advertising in such manner as the selectmen may direct, that such parties may, if they think proper, object thereto and state their objections in person or in writing to the selectmen; and if the selectmen judge the objections reasonable, the parties making the same shall not be held to pay any part of such expenses; but if they do not make their objections to the selectmen within three days after such notice, or if the objections are not adjudged reasonable, the selectmen shall in writing under their hands give liberty to the persons applying, to open such common sewer or main drain, and to clear and repair the same; and all persons interested therein shall pay their proportions to be determined as provided in section ten. owners not af SECT. 14. Nothing contained in this chapter shall affect any cove- Agreements of nants or agreements among the proprietors of such drains or common fected. sewers. R. S. 27, § 7. TITLE XIII. OF THE REGULATION OF TRADE IN CERTAIN CASES. CHAPTER 49. Of the Inspection and Sale of Provisions and other Merchandise. CHAPTER 51. Of Weights and Measures. CHAPTER 52.- Of Shipping and Pilotage. CHAPTER 53. Of Money, Bonds, Bills of Exchange and Promissory Notes. CHAPTER 55.-Of Limited Partnerships. CHAPTER 56. Of the Unauthorized Use of Trade-marks and Names. |