Dec. 31, 1862. License, n licensed to give bond to the city. Ibid. Conditions. shall be built of such size and materials, and in such a direction, and at such grade, and in such a manner as the board of aldermen, or the superintendent of sewers, shall direct; and all openings into such common sewer for the purpose of connecting a drain therewith, and all drains and repairs of drains from any house, cellar, yard, or other premises connecting with such common sewer,1 and all openings or excavations in any street or highway, for the purpose of constructing or repairing any private drains, shall be made by a person licensed in writing for that purpose by the standing committee on sewers, or the superintendent of sewers, authorized so to do by said committee. SECT. 12. Every person licensed as provided in the preceding section shall, before performing any work authorized thereby, execute a bond to the city, in such sum as the committee on sewers may prescribe, with one or more persons as sureties satisfactory to the committee on sewers or the superintendent of sewers, conditioned that he will properly make the openings into the sewer; that he will properly construct or repair the drains connecting with the sewer or any other drain; that he will leave no obstruction of any description in the sewer which he may open; that he will properly close up the excavation and restore the earth and pavement taken up, and regrade and repave the street, should it settle or become out of order within one year thereafter; or if he 1 For provisions relating to the connection of vaults with drains or sewers, see Health," § 44, on page 346. fail to do so within twenty-four hours after being Dec. 31, 1862. notified thereof in writing, then it shall 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 the excavation, and the earth, stone, or other material which may be put into the street, and that he will 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 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. 13. If any drain in any street or highway be constructed or repaired, or any excavation be made for that purpose, without the permission Penalty for con structing, &c., drain without per mission, &c. Dec. 31, 1862. July 23, 1869. Permission not to exempt from as sessment. Dec. 31, 1862. Drains to be cleansed, repaired &c. Ibid. Penalty for not cleaning drains, &c. Ibid. authorized in section eleven, 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 twenty dollars. SECT. 14. 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. SECT. 15. Whenever any drain connecting with any common sewer or drain becomes 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 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. In case of neglect or refusal to remove, reconstruct, repair, alter, or cleanse said drain for the space of five days, the board 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 Dec. 31, 1802. dollars. mitting obstruction to sewer or drain. Ibid. SECT. 16. Any owner, agent, occupant, or Penalty for perother person having charge of any building, yard, lot of land, or other premises which are drained into any common sewer or drain, who permits any gravel, sand, ashes, or any substance or matter which may 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. removed and pre vented. Ibid. And said owner, agent, occupant, or other per- Obstructions, how son as aforesaid shall, when directed by the board of aldermen, within ten days after notice in writing to that effect from said board, provide his drain with a sufficient cesspool or catch-basin, or, if one already exist, 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 may cause a deposit or obstruction therein. owner neglects to &C. Ibid. In case of neglect or refusal to provide a cess- Proceedings if pool or catch-basin, or to clean out, repair, or provide cesspool alter such cesspool or catch-basin, if one exist, for the space of five days, the board of aldermen shall cause to be constructed a suitable and sufficient cesspool or catch-basin, or, if one exists, shall cause it to be repaired, altered and cleaned, and provided with such other means to prevent any substance or matter from passing into the sewer or drain that may cause a deposit or obstruction therein, as they may deem expedient, at the expense of the owner, agent, occupant, or Penalty for not cleaning, &c., cesspool. Dec. 31, 1862. other person having charge of the premises, and such owner, agent, occupant, or other person, shall also be liable to a penalty not exceeding twenty dollars. City solicitors in prosecutions upon city by-laws shall have the powers of district attorney. G. S 172. § 20. In all prosecutions before a police court or justice of the peace under the by-laws of a city or town, the city solicitor, or other person appointed by the board of aldermen, or selectmen of such city or town, may enter a nolle prosequi, or do any other matter or thing which may be done by a district-attorney in a criminal prosecution. Solicitor, how cho sen. April 2, 1866. ORDINANCE.1 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 be a counsellor at law of the courts. 1 An ordinance relating to the law department, passed April 2, 1866; amended April 11, 1868. |