1869, c. 155, § 2. Aldermen to determine what por borne by owners of real estate in East Boston. said company, or those which now are, or hereafter may be, by law required. And in such case the said board of aldermen shall adjudge and tion of cost shall be determine whether the territory of that part of the said city called East Boston and Breed's Island, or any and what part thereof will receive any benefit and advantage therefrom, beyond that general advantage which will be received therefrom by other portions of said city, and what portion of the cost of such purchase shall be borne by the city, and what portion by the owners of real estate in said East Boston and Breed's Island, or the portion thereof so adjudged to be benefited, by reason of said benefit. A notice of such determination shall be published for two weeks successively in some one newspaper published in said city. Parties aggrieved may apply for jury. Ibid. § 3. Proceedings as in case of laying out highways. 13. Any person aggrieved by the determination of said board, either as to the benefit received or as to the division of the expense between the city and the owners of real estate as aforesaid, may at any time within two months after the first publication of the notice aforesaid, apply for a jury. Such application shall be made in like manner, and the proceedings thereon shall be the same as in the case of laying out and discontinuing highways in the said city; provided, that before making his application the party shall give one month's notice in writing to said board of aldermen of his intention so to apply, and shall therein particularly specify his objections to the determination of said board as to the benefit received, and the proposed division of expense, to which specification he shall be confined upon the hearing before the jury; and, provided, also, that if the superior court within and for the county of Suffolk shall not be in session at any term thereof at the time of such application, the filing of his petition in the office of the clerk of said court shall be deemed an application for the purposes of this act. If, upon the hearing, the objections to said determination are not sustained, the charges arising on such application shall be paid by the applicant or person recognizing therefor, otherwise they shall be paid by the city, and the board of aldermen may, if necessary, determine anew the benefit and division of expense aforesaid, or either of them, and may make such abatements as they may judge expedient. Any person who neglects to make application for a jury as herein plied for, determi- provided, shall be concluded in all respects under this act by said determination of said board of aldermen, and shall not be entitled by any process, either at law or in equity, to prevent the said assessment or to recover the amount of any assessment collected of him. If jury is not ap nation of alder men to be final. After two months from the final determination of said of aldermen as to the division of the expense of such made upon estates benefited. purchase and the territory benefited thereby as aforesaid, the assessments to be said board of aldermen shall cause to be certified to the assessors of said city the portion of the cost of said purchase which is to 1869, c. 155, § 4. be borne by the owners of real estate within said territory to be benefited, which shall be by said assessors equitably and ratably assessed upon the said owners of real estate in said district adjudged to be benefited, and shall constitute a lien upon said real estate, and shall be collected and enforced with like charges for costs and interest, and in the same manner and with the same powers in all respects as are provided by law for the collection of taxes on real estate; provided, that the said board may, if they Proviso. shall judge the public interest to require it, apportion the said amount to be assessed as aforesaid into not exceeding five equal parts, which apportionment shall be also certified to the said assessors, who shall add one of said equal parts yearly to the annual tax of said estates adjudged to be benefited as aforesaid, but pursuant to the original assessment made as aforesaid. 15. If the said city council, upon the completion of said purchase, shall adjudge and determine that instead of maintaining said ferry free of all tolls, it is for the best interests of said city that the said ferry shall be thereafter operated with more boats and greater facilities for travel and business than are now furnished by said company, and at one cent ferriage for a foot-passenger, instead of two cents as heretofore charged, and with the other rates of ferriage thereon so reduced that the receipts of said ferry annually shall not exceed the cost of operating the same, instead of paying, as provided by the charter of said company, at least eight per cent annual dividends, then, and in such case, the said city shall thereafter maintain and operate, or cause to be maintained and operated, the said ferry, with such greater accommodations and at such reduced rates of ferriage as aforesaid, or with such other and still greater accommodations and at such more reduced rates of ferriage as the said board of aldermen may from time to time judge expedient for the purposes mentioned in the first section of this act. And the said board of aldermen, having first adjudged and determined the territory, if any, that shall be thereby specially benefited as aforesaid, may also adjudge and apportion, not exceeding one-half part of the cost of such purchase, to be assessed upon the said estates adjudged to be benefited as aforesaid, in the same manner, and with the same powers and liabilities in all respects as are hereinbefore provided respecting such assessment. 16. If the said city council, instead of adjudging to maintain said ferry free of all tolls, as provided in section two of this act, shall adjudge and determine that it is for the best interests of said City may operate boats and at reduced rates of fer ferry with more riage. Ibid. § 5. City may maintain free of tolls, and subsequently ap ferry for ten years cost of purchase upon estates benefited. 1869, c. 155, § 6. portion one-half of city that the said ferry shall be maintained free of tolls for a term of not less than ten years next succeeding said purchase, and thereafter upon such rates of ferriage as may then be adjudged by said city, then, and in such case, the said city shall maintain and operate, or cause to be maintained and operated, the said ferry, for and during a term of not less than ten years next succeeding said purchase, free of all tolls, but in all other respects as provided by section five of this act, and may thereupon apportion, not exceeding one-half part of the cost of such purchase, upon the said estates benefited, with the same powers and under the same limitations as hereinbefore provided respecting such assessment. May collect tolls for all vehicles passing to or from its of city. Ibid. § 7. 17. The said board of aldermen shall have power at all times, notwithstanding any of the provisions of this act, or anything done places beyond lim- by said city in pursuance thereof, to levy and collect such rates of ferriage as they shall judge expedient, for and upon all teams and vehicles passing over said ferry to or from any place beyond the limits of said city.1 1 The eighth section of this act repealed the act to incorporate the Maverick Bridge Corporation, passed in 1868. STATUTES. 1. Each city and town shall, at its own expense, and in such places therein as the city council of the city or the inhabitants of the town direct, maintain one or more sufficient pounds. A city or town that for three months neglects to provide or maintain a sufficient pound, shall forfeit fifty dollars. 2. Whoever wilfully injures a city or town pound, shall be punished by fine not exceeding fifty dollars, or by imprisonment in the common jail not exceeding ninety days. Pounds to be pro vided by towns. Penalty for neglect. Penalty for injur- Pound keepers. 1864, c. 174. Ibid. § 20. Beasts going at keeper to be taken large without G. S. 25, § 21. 3. Each city or town shall annually appoint a suitable keeper of each pound therein. Whenever a vacancy occurs in the office the selectmen may appoint some suitable person to fill the same. 4. Every field driver within his city or town shall take up at any time, swine, sheep, horses, asses, mules, goats, or neat cattle, going at large in the public highways or townways or on common and unimproved lands, and not under the care of a keeper; and 21 Pick. 187. for any such cattle or beasts so going at large on the Lord's day, the field driver or any other inhabitant of the city or town may in action of tort recover for each beast the same fees which the field driver is entitled to receive for like beasts when distrained and impounded. 5. When beasts are so taken up and distrained by a field driver, they shall be forthwith impounded in the city or town pound, and the keeper shall furnish them with suitable food and water while they are detained in his custody. 6. The field driver shall be entitled to fifty cents per head for horses, asses, mules, and neat cattle, and ten cents per head for sheep and goats, and fifty cents for swine so taken up by him, and the pound keeper shall be entitled to four cents per head for the animals so impounded; but if more than ten sheep are taken up at the same time, the fees for all above that number shall be only one half of the above fees. 7. The pound keeper shall not deliver to the owner any beast so impounded until the owner pays him his fees, the expense of keeping the beasts, and the fees of the field driver, which latter, when received, he shall pay to the field driver. 8. When a person is injured in his land by sheep, swine horses, asses, mules, goats, or neat cattle, he may recover his damages in an action of tort against the owner of the beasts, or by distraining the beasts doing the damage, and proceeding therewith as hereinafter directed; but if the beasts were lawfully on the adjoining lands, and escape therefrom in consequence of the neglect of the person, who suffered the damage, to maintain his part of the division fence, the owner of the beasts shall not be liable for such damage. 23 Pick. 251. 2 Gray, 180. 4 Gray, 314, 345. Beasts to be im pounded. G. S. 29, § 22. 5 Cush. 263. 4 Gray, 312. 6 Allen, 408. Fees of field driver and pound keeper. G. S. 25, § 23. 1863, c. 178. Fees to be paid by owner of beasts. G. S. § 24. 21 Pick. 181. Beasts doing dam- trained. 5 Greenl. 356. 6 Mass. 90. 16 Mass. 37. 4 Met. 589. 18 Met. 407. 10 Allen, 544. Beasts to be impounded. G. S. 25, § 26. 17 Pick. 415. 13 Met. 407. 10 Allen, 544. Persons distraining to state demand. G. S. 25, § 27. 21 Pick. 187. 23 Pick. 251. 12 Met. 198. 13 Met. 407. 10 Allen, 544. Beasts not to be delivered until costs, &c., are paid. G. S. 25, § 28. 5 Cush. 263. Notice to be given G. S. 25, § 29. 21 Pick. 187. 23 Pick. 251. 9. The beasts so distrained for doing damage shall be impounded in the city or town pound, or in some suitable place, under the immediate care and inspection of the person who distrained them, and he shall furnish them with suitable food and water while they remain impounded. 10. If the beasts are impounded in the city or town pound, the distrainer shall leave with the pound keeper a memorandum in writing under his hand, stating the cause of impounding, and the sum that he demands from the owner for the damage done by the beasts, and also for the daily charges of feeding them; and if they are impounded in any other place, he shall give a like memorandum to the owner of the beasis if demanded by him. 11. The pound keeper, when the beasts are in his custody, shall not deliver them to the owner until the owner pays him his fees, the sum so demanded by the distrainer for the damages and charges aforesaid, the expense of advertising the beasts, if they are advertised, and all other legal costs and expenses. 12. When beasts are impounded, the person impounding to owner or keeper. them shall, within twenty-four hours thereafter, give notice thereof in writing to the owner or person having the care of them, if known and living within six miles from the place of impounding, which notice shall be delivered to the party or left at his place of abode, and shall contain a description of the beasts and a statement of the time, place, and cause of impounding. 12 Met. 118, 198. 7 Cush. 355. 2 Gray, 178. 3 Allen, 39. Notices to be given or posted up, and published in a &c. G. S, 25, § 30. 12 Met. 198. 3 Allen, 39. 13. If there is no person entitled to notice according to the provisions of the preceding section, the person impounding the newspaper, in case, beasts shall, within forty-eight hours thereafter, cause to be posted in some public place in the city or town, and in a public place in each of any two adjoining cities or towns, if within four miles from the place where they were taken, a written notice containing a description of the beasts and a statement of the time, place, and cause of impounding them; and in such case, if the value or the beast exceeds thirty dollars, and if no person appears to claim them within seven days after the day of impounding, a like notice shall be published three weeks successively in some public newspaper, if there is any published within twenty miles from the place of impounding, the first publication to be within fifteen days after the day of impounding. Sum due froin 14. If the owner or keeper of the beasts is dissatisfied with the claim of the person impounding them, he may have the amount for which he is liable ascertained and determined by two disinterested and discreet persons, to be appointed and sworn for that purpose by a justice of the peace or by the city or town clerk; and the sum so determined by them shall be received |