juring or draw SECT. 18. Whoever injures a public reservoir, or breaks Reservoirs, inand enters the same and draws off, or causes to be removed, ing water proany of the water therefrom, except in case of fire or by hibited; penalty. authority of the board of aldermen or of the said water board, R. O. p. 94. shall be liable to a penalty of not less than one nor more than fifty dollars. pipes, opening and turning on or off water SECT. 19. Whoever makes an opening or connection with Reservoirs or a pipe or reservoir, or turns on, or turns off, the water in any water-pipe or reservoir, without such authority as is men- prohibited; tioned in the preceding section, shall be liable to a penalty R. O. p. 94. of not less than three nor more than fifty dollars. penalty. ing prohibited, SECT. 20. Whoever, except in case of fire, opens a Hydrants, open. hydrant, or lifts or removes the cover of a hydrant, without penalty. the license of the said board, of the city engineer, or of the R O. P 94. water-registrar, shall be liable to a penalty of not less than three nor more than fifty dollars. NOTES. The special statutes under which the city has procured its water supply are as follows: St. 1846, c. 167; St. 1818, c. 33; St. 1849, c. 187; St. 1850, c. 316; St. 1859, c. 184; St. 1861, c. 220; St. 1864, c. 271; St. 1875, c. 228; St. 1877, c. 5. (Cochituate water.) St. 1865, c. 131. (Chestnut Hill reservoir.) St. 1873, c. 287. (Parker Hill reservoir.) St. 1872, c. 177; St. 1875, c. 168. (Sudbury-river water.) St. 1861, c. 105; St. 1863, c. 9; St. 1864, c. 176; St. 1865, c. 135; St. 1866. c. 212; St. 1868 c. 202; St. 1867, c. 20; St. 1870, c. 216; St. 1871, c. 159; St. 1871, c. 307; St. 1872 c. 85; St. 1874, c. 400. (Mystic-pond water.) St. 1875, c. 202; St. 1877, c. 11; St. 1881, c. 303. (Mystic-valley sewer.) St. 1869, c. 193; St. 1869, c. 447; St. 1871, c. 185; St. 1880, c. 126; St. 1881, c. 129. (Extension of pipes, high-service, etc.) St. 1877, c. 343; St. 1875, c. 127, § 1; St. 1881, c. 205. (Water meters) (Sundry provisions.) St. 1875. c. 80. (Boston water board.) General authority to make ordinances relative to water has been given by St. 1846, c. 167, § 3; St. 1861, c. 105, §§ 3, 12; St. 1870, c. 216, § 6. As to the city's liability for injuries caused by the undermining of a highway resulting from the negligent construction of water-pipes, see Hand v. Brookline, 126 Mass. As to its liability for the percolation of water from a reservoir to neighboring lands, see Wilson v. New Bedford, 108 Mass. 261. As to its general liability for damages occasioned by the taking of land and water-rights for water-supply, and the elements of damage, see Ham v. Salem, 100 Mass. 350; Bailey v. Woburn, 126 Mass. 416; Spaulding v. Arlington, 126 Mass. 492; Johnson v. Boston, 130 Mass. 452; Lewis v. Boston, 130 Mass. 339; Watuppa Reservoir Co. v. Fall River, 134 Mass. 267; Cowdrey v. Woburn, 136 Mass. 409. As to the time within which copies of takings must be filed and the sufficiency thereof, see Wilson v. Lynn, 119 Mass. 174; Ham v. Salem, 100 Mass. 350. As to the time for filing petitions for assessment of damages, see Northborough v. County Commissioners, 139 Mass. 263; Cowdrey v. Woburn, 136 Mass. 409; Moore v. Boston, 8 Cush. 274; Ipswich Mills v. Essex Commissioners, 108 Mass. 363; Davis v. New Bedford, 133 Mass. 549; Tileston v. Brookline, 134 Mass. 438. As to what constitutes a sufficient taking of land for the purposes of water-supply to exempt the members of the water board from personal liability, and to create liability on the part of the city, see Wamesit Power Co. v. Allen, 120 Mass. 352; Dwight Printing Co. v. Boston, 122 Mass. 583; Lund v. New Bedford, 121 Mass. 286. After the city had taken the waters of Long pond (lake Cochituate), and tributary streams, under St. 1846, c. 167, § 1, no riparian owner of such a stream (Pegan brook, for instance) could acquire by prescription the right to pollute its waters. Martin v. Gleason, 139 Mass. 183. SECTION 1. The city council was authorized by St. 1875, c. 80, to establish by ordinance a "Boston Water Board" to consist of three persons to be appointed by the mayor subject to confirmation by the city council. By St. 1885, c. 266, § 1, the members are to be appointed by the mayor subject to confirmation by the board of aldermen, and are removable by the mayor upon assignment of cause. The ordinance establishing the term of three years was not confirmed by St. 1881, c. 229, but there seems to be no doubt of its validity under the general power (§ 38 of the charter), there being no statutory limit upon the length of term that might be established by ordinance at least prior to 1881, c. 229. SECT. 6. The contracts referred to in this section were authorized by St. 1866, c. 212; St. 1867, c. 60; St. 1868, c. 202. SECT. 10. Special authority to apply water-meters, and to require payment for water according to the amount used, was given by St. 1881, c. 205. As to the validity of hotel meter-rates, see Parker v. Boston, 1 All. 361. SECT. 14. A personal liability to pay for the use of Cochituate water is laid on the owners and occupants of premises where it is used, by St. 1846, c. 167, § 14. The cutting off of the water for non-payment of water-rates does not render the city liable for damage done by a fire on the premises which might otherwise have been extinguished. Tainter v. Worcester, 123 Mass. 311. SECT. 15. The city council of any city "in which water is supplied at the public expense" may by ordinance "prescribe rules and regulations for the inspection, materials, construction, alteration, or use of all pipes and fixtures through which such water is used," etc., etc. P. S. c. 27, §§ 16, 17; P. S. c. 28, § 2; P. S. c. 3, § 3, cl. 15. See also St. 1882, c. 252, § 2. SECT. 18. Penalties for diverting the water, injuring the pipes, etc., are also provided by St. 1846, c. 167, §§ 14, 15; St. 1861, c. 105, § 14; St. 1861, c. 220, § 1; St. 1872, c. 177, § 7; St. 1874, c. 400, § 5. and general SECTION 1. There shall be annually appointed by the Appointment mayor, subject to confirmation by the board of aldermen, duties. a water-registrar, who shall be a citizen of Boston, and who R. O. p. 90. shall, under the direction and control of the Boston water board, assess all the water-rates of both the Cochituate and Mystic systems of water-works, according to such tariff as may be established by said board. R. O. p. 91. SECT. 2. The said registrar shall, as often as once in Further duties. each year, cause to be visited, by skilled inspectors, the premises of every person who takes water; he may, in proper cases and under the control of said board, make and record abatements in water-rates; he shall exercise a constant supervision over the use of water, and attend to the enforcement of all regulations relative thereto; and he shall perform such other services as may be required of him by said board or by the city council. SECT. 3. The said registrar shall, on or before the first day To make out and send to city of January, annually, make out all bills for the use of water, collector all and send the same, with lists of all the water-rates assessed, as bills for use of prescribed in section thirteen of chapter four of these ordi- water, etc. nances, to the city collector for collection; but said lists may vary from those prescribed in such manner as the collector shall request. He shall make out and forward to said collector all quarterly or supplementary bills as fast as they accrue during the year; on the first day of each month he shall send to the collector a statement of all bills accruing during the preceding month, and shall send a duplicate of such statement to the auditor. upon estates SECT. 4. When two or more dwelling-houses, or other Water-rates estates, are valued together for the assessment of taxes, the valued together water registrar shall make separate valuations of such houses how based. or estates, and when a portion only of an estate is justly R. O. p. 91. chargeable for a water-rate the water-registrar shall make a proper valuation of said portion; and the water rates to which such premises shall be liable shall, if based on valuations, be based on the valuations so made by said registrar. To keep certain annual report to Subordinates. To receive appli SECT. 5. The said registrar shall keep suitable books, in which shall be entered the names of all persons who take water, the kind of building in which it is taken, the name of the street and the number thereon, the nature of the use, the number of taps, and the amount charged, and said books shall be always open to the inspection of the said board, of the mayor, and the city council; and all such books not actually in use shall always be open to public inspection. He shall annually, on or before the fifteenth day of May, present to said board a report containing a statement for the preceding year of the number of water-takers, the number of cases where the water has been cut off, the number and amount of abatements that have been made, the expenditures in his department, and such other matters as he, or the said board, may deem expedient. SECT. 6. The water-registrar shall be allowed for the discharge of his duties the following subordinates: One chief clerk, Five schedule clerks, Three copying clerks, Three examiners of premises, One service clerk, One assistant service clerk, One marine agent. SECT. 7. The said registrar shall receive all applications cations for turn- for water to be turned off or on for any cause, and also for all service and other pipes to convey a supply of water to the premises of water-takers. ing water on or off. Mystic waterrates, where payab e. SECT. 8. The water-rates of the Mystic supply shall be payable at the branch office of the water registrar in the Charlestown district. NOTES. The office of water-registrar is established and its duties defined by ordinance under § 38 of the charter, no mention being made of it in any statute. His appointment and removal, and the appointment and removal of his subordinates, are governed by St. 1885, c. 266, §§ 1, 5. SECTION 1. The water board was given the power to "establish and regulate the price or rents" of water by St. 1875, c. 80, § 1. See also St. 1846, c. 167, §§ 11-13; St. 1861, c. 105, §§ 2-13. Parker v. Boston, 1 Allen, 361. See Young v. Boston, 104 Mass. 95. As to the proper remedy against illegal water-rates, see Attorney-General v. Salem, 103 Mass. 138, and Carleton v. Salem, Id. 141. of Charity Building and SECTION 1. The "Overseers of the Poor in the City of To have charge Boston" shall have charge of the Charity Building and Temporary Home on Chardon street, and shall have power to Temporary make and enforce all such proper rules and regulations as Home. they may deem expedient in relation thereto; but no such R. O. p. 95. rule or regulation shall be in force after it has been disapproved by the city council. They shall, from time to time, with the approval of the city council, determine what societies shall be permitted to occupy said building, on what terms and for what length of time they may occupy it, and what proportion of the current expenses of managing, heating, and lighting the same and of all other expenses, except rent, shall be paid by each. Any occupant of said building may be removed at the pleasure of the said overseers. account books, R. O. p. 95. SECT. 2. The said overseers shall cause to be kept a com- To keep certain plete set of books, wherein shall be stated in detail, among and preserve other things, the mode in which all funds in their hands are papers, propinvested and how they are secured, the amounts and dates erty, etc. of all receipts and expenditures, and to whom and from what funds all payments are made; and they shall preserve all papers, property, evidences of property, vouchers, and other things entrusted to or deposited with them. They shall also state and enter in said books whatever other particulars said city council shall direct, relating to any property or moneys in their hands, entrusted to them, or expended under their direction, so that the said books may exhibit all said matters clearly, completely, and in detail. books certain aid, etc. SECT. 3. They shall also cause to be kept another set of To keep in books, wherein shall be stated, among other things, the fol- facts relative to lowing facts relative to every person to whom relief or assist- applicants for ance has been given or refused, namely, - his or her name; residence for as long a period as can conveniently be ascertained; birthplace; occupation; property or means of support; whether married or single; name of husband or wife, if any; number, names, residences, and occupations of children, if any; names and residences of, and other information in regard to, ancestors, so far as such facts can be |