giving an alarm said, or refuses to obey the orders of the chief officer in Penalty for not command at a fire, he shall be liable to a penalty of not less of fire. than five nor more than twenty dollars. R. O. p. 66. protection to SECT. 9. The board of police shall from time to time Board to furnish furnish to the city treasurer such officers as the latter may city treasurer. deem necessary for the protection of the persons connected R. O. p. 66. with his office in making disbursements of the money in their charge and in carrying money and valuable bonds and papers to and from said office. police. SECT. 10. The members of the police department may, Witness fees of when off duty or in reserve, receive for their own use one R. O. p. 66. witness fee for each day's attendance before the grand jury or before the supreme or superior court; all other witness fees earned by them shall be paid over to the city collector, and shall be kept as a separate fund, and invested and managed by the mayor, treasurer, and auditor of the city for the time being, who shall be trustees thereof. The income of the said fund shall be applied to the relief of persons who have received an honorable discharge from the police force by reason of sickness, age, or other disability, and who are, in consequence of such disability, in necessitous circumstances; and also to the relief of the widows and orphans, in necessitous circumstances, of police officers who have died while in the service of the city. Said trustees may make such rules and regulations for the appropriation and disbursement of the interest of said fund as they may deem expedient, subject, however, to such ordinances or orders as the city council may from time to time adopt. NOTES. The board of police was created and its powers are defined by St. 1885, c. 323. That act (§ 2) confers upon the board of police, appointed by the governor by and with the advice of the council, all the powers formerly vested in the board of police commissioners by statute or ordinance. The authority to make the ordinances contained in this chapter is derived mainly from St. 1878, c. 244, §§ 3 and 9, which does not appear to be affected by St. 1885, c. 323. SECT. 2. The authority of the mayor to assume command of the police force in an emergency was given by St. 1878, c. 244, § 8, and is confirmed by St. 1885, c. 323, § 6, that before assuming control he shall issue his proclamation to that effect. SECT. 3. The appointment of a superintendent and a deputy-superintendent of police is required by statute, but the number and character of the other officers of the police department is left to be determined by ordinance. St. 1878, c. 244, § 3, St. 1885, c. 323, § 2. The appointment of the superintendent, deputy-superintendent, and captains of police, which by St. 1878, c. 244, § 3, was made subject to the approval of the mayor, appears to be vested absolutely in the board of police by St. 1885, c. 323, § 2. By St. 1882, c. 125, and P. S. c. 28, § 5, the mayor may appoint, subject to confirmation by the board of aldermen, two additional probation officers. Probation officers are by this ordinance made a part of the police force of the city (see P. S. c. 212, § 74), and their appointment is therefore transferred by St. 1885, c. 323, § 2, to the board of police. SECT. 10. An ordinance similar to this, in requiring police officers to pay into the city treasury fees received by them, was held valid in Worcester v. Walker, 9 Gray, 78, 80-1. The members of the police force are public officers, and are not agents of the city. The city is not liable for their acts in an action of tort (Buttrick v. Lowell, 1 All. 172), and is liable for injuries sustained by them by reason of a defective highway (Kimball v. Boston, 1 All. 417). A policeman, inspecting a building in accordance with a rule of the police department, can recover against the owner or occupant for injuries received by falling down an elevator-well not guarded in accordance with law, though a penalty is attached to the failure to guard it. Parker v. Barnard, 135 Mass. 116. duties. SECTION 1. There shall be annually appointed by the Superintendent, mayor, subject to confirmation by the board of aldermen, a -appointment, superintendent of sewers, who shall have charge of the con- powers, and struction of all common sewers ordered to be made by the R. O. p. 68. board of aldermen, or by the city council, duly authorized to that end. He shall have the care, custody, and management of all the property of the city which has been or shall be acquired as necessary to the construction or maintenance of such sewers. He shall also have the general supervision. of such sewers as are owned by the city, or permitted to be built or opened by its authority, and shall make all necessary repairs thereon for which appropriations have been made. He shall build such catch-basins for the public ways, and Catch-basins. at such points and grades, as the superintendent of streets may designate. to make plans R. O. p. 68. SECT. 2. The said superintendent shall, when a common sewer is ordered to be built or repaired, ascertain its depth, of sewers, etc. breadth, mode of construction, and general direction, and shall cause a plan thereof to be made and inserted, with all said particulars, in books to be kept for the purpose, and he shall from time to time ascertain and insert on said plan all entries made into such sewer. to keep pense of each sewer, etc. SECT. 3. The said superintendent shall keep an accurate account of the expense of constructing and repairing each account of ex. common sewer, and shall report the same to the board of aldermen, together with a list of the persons and estates de- R. O. p. 68. riving benefit from such construction or repair, and an estimate of the area of the lands upon which such expense ought to be assessed. Sewer assessments, how made. SECT. 4. The board of aldermen, in making assessments for defraying the expense of constructing or repairing a comR. O. pp. 68, 69. mon sewer, shall deduct from such expense a part, not less than one quarter, as they may deem expedient, which shall be charged to and paid by the city, and they shall assess the remainder of such expense upon the persons and estates deriving benefit from such sewer, either by the entry of their particular drains or by any remote means, apportioning the assessment according to the area of the lands thus benefited. Assessments on The said board shall also make an abatement of all the city lands to be amount which has been assessed upon land owned by the abated. city, which shall be charged to and paid by the city. SECT. 5. The said superintendent shall enter in books kept for the purpose all such assessments made by the board of aldermen, and shall forthwith make out bills for the same and deliver them to the city collector for collection. Collection of assessments. R. O. p. 69. Superintend ent's subordinates. Licenses to enter drains into sewers. Licensees to give bonds. R. O. p. 69. Who may be licensed. Penalty for entering sewer, etc., without license. R. O. p. 70. SECT. 6. The said superintendent shall be allowed for the discharge of his duties the following subordinates: SECT. 7. It shall be the duty of the superintendent to grant permits for the entering of particular drains into common sewers on such conditions as to size, material, direction, grade, and mode of construction as he may prescribe; provided that he obtains from every person so licensed a bond with one or more sureties, the same to be satisfactory to the mayor, to indemnify the city for any damages caused directly or indirectly by his acts performed under such permit; and provided that the licensee, so far as his permit involves any entering upon or occupancy of any portion of a public way shall be subject to the ordinances and to the regulations of the street department. The only persons to whom such licenses shall be issued shall be competent mechanics, tax-payers in the city of Boston; but no person who has broken the conditions of such a license, shall be granted another license for the period of one year after the date of such breach. SECT. 8. Every person undertaking to enter a particular drain into a common sewer, without a permit in writing from the said superintendent, shall be liable to a penalty of not less than twenty dollars. 1 See also chap. 28, sects. 4 and 5. structing, etc., etc. SECT. 9. If a drain in a street or highway is constructed Penalty for conor repaired, or if an excavation for the purpose of such con- drain in street struction or repair is made, by a person not licensed as pro- without license, vided in section seven, or in a mode different from that prescribed in said section, the person doing such work and the owner or agent directing the same shall respectively be liable to a penalty of not more than twenty dollars. R. O. p. 70. vate drains not SECT. 10. No owner of real estate shall, by the con- Permits for pristruction of a private drain under the permit of the super- to exempt from intendent of sewers, be exempted from an assessment lawfully imposed for the construction of a common sewer in the ment. same vicinity. sewer asse88 R. O. p. 70. Drains R. O. p. 70. SECT. 11. When a drain connecting with a common sewer or with another drain becomes clogged, obstructed, broken, be cleaned, reout of order, or detrimental to the use of the sewer or paired, etc., of another drain, or unfit for the purposes of drainage, the under penalty. owner, agent, occupant, or person having charge of the premises drained by said drain, shall, within five days after notice in writing to that effect from the superintendent of sewers, remove, reconstruct, repair, alter, or cleanse such drain, as the condition thereof may require, and in case of neglect or refusal for the space of five days so to do, the superintendent of sewers shall cause such drain to be removed, reconstructed, repaired, altered, or cleansed, as he may deem expedient, at the expense of such owner, agent, occupant, or other person, who shall also be liable to a penalty of not more than fifty dollars. allowing gravel, etc., to run into SECT. 12. Every owner, agent, occupant, or other person Penalty for having charge of premises drained into a common sewer or drain, who permits gravel, sand, ashes, or any substance or drain. matter which may form a deposit or obstruction therein, to R. O. p. 70. flow or pass into such sewer or drain, shall be liable to a penalty of not more than twenty dollars for each offence. cesspools, etc.; SECT. 13. Every such owner, agent, occupant, or other Drains to be person shall, within ten days after notice in writing to that provided with effect from the superintendent of sewers, provide his drain cesspools to be with a sufficient cesspool or catch-basin, or, if one already cleaned, etc. exists, shall clean out, repair, or alter the same, and shall R. O. pp. 70, 71. provide such other means as will prevent any substance or matter, which may cause a deposit or obstruction therein, from passing into such sewer or drain. penalty for non R. O. p. 71. SECT. 14. In case of neglect or refusal for the space of Proceedings and five days to provide a cesspool or catch-basin, or to clean out, compliance with repair, or alter such cesspool or catch-basin, if one exists, preceding sec the superintendent of sewers shall cause to be constructed in. 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, that may cause a deposit or obstruction therein, from passing into the sewer or drain, as he may deem expedient, |