Rate for enter land not previously assessed. at the expense of the owner, agent, occupant, or other person having charge of the premises, and such owner, agent, occupant, or other person shall also be liable to a penalty of not more than twenty dollars. SECT. 15. Every owner of real estate entering his paring sewer from ticular drain into a common sewer from land upon which no sewer assessment has been levied, shall pay to the city therefor at the rate of two cents per square foot for all land benefited by such connection within one hundred and twenty-five feet of said sewer; the amount so paid to be deducted from any subsequent assessments upon said land. R. O. p. 71. Annual report of R. O. p. 71. SECT. 16. The superintendent of sewers shall annually, superintendent. in January, make a report to the city council, containing a statement of the expenditures, income, and business of his department during the preceding year, a schedule of the property belonging to the department, and such other information and such suggestions as he may deem expedient. NOTES. The office of superintendent of sewers is created by ordinance, under the general powers conferred by § 38 of the charter. Its duties are set forth wholly in this chapter, and in c. 23, § 21. The appointment and removal of the superintendent and of his subordinates are governed by St. 1885, c. 266, §§ 1, 5. The power of the board of aldermen in locating sewers is of a quasijudicial character, and is exercised by them as a board of public officers and not as agents of the city (Child v. Boston, 4 Allen, 41, 51), and is not affected by St. 1885, c. 266, §§ 6, 12, which transfers all their executive powers to the mayor. The construction and maintenance of sewers, being executive work, is, however, transferred to the mayor and the superintendent by St. 1885, c. 266, §§ 6, 12. The general statute provisions relative to the laying out of sewers are to be found in P. S. c. 50. By St. 1877, c. 228, § 2, the city council is authorized to confer upon the board of street commissioners the powers of the board of aldermen in relation to sewers. The act requires acceptance by the city council, and has never been accepted. Special statutes relating to sewers in Boston are St. 1873, c. 205 (relative to diverting watercourses); St. 1872, c. 267, and St. 1873, c. 260 (relative to Muddy River); St. 1868, c. 223, St. 1870, c. 220, St. 1871, c. 340, and St. 1874, c. 196 (relative to Stony Brook); St. 1875, c. 202 (relative to Mystic Valley); St. 1876, c. 136, St. 1879, c. 230, and St. 1882, c. 256 (relative to main sewer to Moon Island); St. 1879, c. 98 (Roxbury Canal). The city is not liable to individuals for any defect or want of sufficiency in any plan or system of drainage that is adopted by its proper officers. Child v. Boston, 4 Allen, 41, 51. — Hill v. Boston, 122 Mass. 344, 359. Nor for injury caused to the business of an individual by obstructing the street adjoining his premises by the building or repair of a sewer. Brooks v. Boston, 19 Pick. 174, 178. (See also Treadwell v. Boston, 123 Mass. 23, 25, for a similar decision as to the widening of a street.) But the city is liable for injuries caused by the neglect or carelessness of its officers and agents in the construction or repair of a particular sewer. Murphy v. Lowell, 128 Mass. 396. s. c. 124 Mass. 564, 567. Child v. Boston, 4 Allen, 41, 52.. Emery v. Lowell, 104 Mass. 13, 15. Hill v. Boston, 122 Mass. 344, 359. In certain exceptional cases, however, it has been held that a city was not liable even for the conse quences of such neglect. Ranlett v. Lowell, 126 Mass. 431. — Barry v. Lowell, 8 Allen, 127. Lemon v. Newton, 134 Mass. 476. As to the city's liability for nuisances created by the discharge from sewers, see Haskell v. New Bedford, 108 Mass. 208; Brayton v. Fall River, 113 Mass. 218. SECT. 1. The board of aldermen lay out sewers under the power conferred by P. S. c. 50; certain sewers have been or may be laid out by the city council under the authority of special acts. St. 1876, c. 136 (Moon island); 1875, c. 202 (Mystic valley). As to the right to construct a sewer in a street accepted but not constructed, without further notice, see Lawrence v. Nahant, 136 Mass. 477. SECT. 2. A failure to comply with the provisions of this section will not invalidate the assessment for a sewer. Kelso v. Boston, 120 Mass. 297, 299. SECT. 3. This section appears to be directory only, and non-compliance with it will not invalidate an assessment. Dickinson v. Worcester, 138 Mass. 555, 560-1.- Lowell v. Hadley, 8 Met. 180. See also Saunders v. Lowell, 131 Mass. 387. SECT. 4. This section is founded on P. S. c. 50, § 11. The authority to apportion the assessments according to the area of the land benefited is given by P. S. c. 50, § 7. Under P. S. c. 50, §§ 1 et seq. (St. 1869, c. 111), and G. S. c. 19, § 17 (St. 1854, c. 448, § 33), and St. 1873, c. 205, the board of aldermen may order a structure which shall serve both as conduit for a stream and as a common sewer, and may assess for that part of the expenditure which was necessary for the structure as a sewer. Gray v. Board of Aldermen of Boston, 139 Mass. 328. The validity of assessments, under an earlier ordinance, similar to this section, was sustained in Downer v. Boston, 7 Cush. 277, 280, and in Wright v. Boston, 9 Cush. 233. Assessments are to be made according to the value of the land benefited, without the buildings. Snow v. Fitchburg, 136 Mass. 183. The relative benefit received by each estate is of no consequence in determining the amount of the assessment. Workman v. Worcester, 118 Mass. 168. - Keith v. Boston, 120 Mass. 108. Snow v. Fitchburg ubi supra. SECT. 5. The mode of collection of sewer assessments is provided for by P. S. c. 50, §§ 4, 10. SECT. 8. An ordinance similar to this section was held to be valid in Ranlett v. Lowell, 126 Mass. 431. SECT. 9. A provision somewhat similar to that contained in this section is to be found in P. S. c. 50, § 12. SECT. 11. See all statute provisions in P. S. c. 50, §§ 16-18. In all matters relative to drainage and sewers elevations are determined by reference to mean low-water mark, which is called zero. The grade of the coping of the dry-dock, at the navy-yard, in Charlestown, is called grade fifteen, being fifteen feet above low-water mark; and the grade of the intersection of the streets, in the Back Bay territory, is called grade eighteen, being eighteen feet above said low-water mark. Ordinary high-water is ten feet above low-water mark, but it is not very uncommon for spring tides, moved by strong easterly winds, to rise to fourteen feet above low-water mark. In fact, the "city base," so called, is .64 of a foot below mean lowwater mark as determined at the Charlestown dry-dock. Section. 63. Encumbered with ice to be made safe; penalty. 64. Owners of tenement-houses to keep sidewalks clear of ice and snow; penalty. Section. Powers of Surveyors of Highways. Street Names and Numbers. names until SECTION 1. The several streets in the city shall, until they Streets to retain are altered by the board of street commissioners, confirmed altered. by the board of aldermen, continue to be called and known R. O. p. 74. by the names heretofore given to them by the selectmen of the town or by the mayor and aldermen or city council of the city. streets. SECT. 2. The board of aldermen may order the buildings Numbering of on any street to be numbered, and the superintendent of buildings on streets shall then require the number designated for each R. O. p. 74. building to be affixed thereto or inscribed thereon, and may determine the form, size, and material of any such number, and the place and mode of affixing or inscribing it. And any owner or occupant of a building who neglects or refuses to affix to the same, the street number lawfully designated therefor, or who affixes to such building, or retains thereon for more than one day, a street number other than the one so designated, shall for each offence be liable to a penalty of Penalty. not less than one nor more than twenty dollars. tive to use of Defects, Excavations, and Obstructions in Streets. SECT. 3. The inspector of buildings shall see that all Laws, etc., relastatutes, ordinances, orders, and regulations, respecting the streets for builduse or occupation of portions of streets for the purpose of be enforced by erecting, altering, repairing, or removing buildings, are ob- inspector of served and enforced. ing purposes to buildings. R. O. p. 75. R. O. p. 76. SECT. 4. No portion of any public way shall be broken Permits for or dug up except under a permit therefor granted by the opening streets. superintendent of streets. The said superintendent shall issue such permits to any department for the prosecution of any city work on the written request of the board, or officer in charge of such department. When an excavation for any purpose is made in a public way, by order of a department of the city government, the street shall, as soon as the purpose for which the excavation was made has been accomplished, be restored to a condition entirely satisfactory to Repairs of dethe superintendent of streets; and, if it is not so restored, R. O. pp. 75, 76. although it may not be dangerous to public travel, the said superintendent shall notify the department, which ordered the excavation to be made, to make forthwith such further repairs as he deems necessary, and, if such department neglects so to do, the said superintendent shall cause such repairs to be made, and shall charge such department therefor. fects, etc. Permits for entering sewers to be limited as to time and space. Other permits how issued. Whenever the applicant presents a permit from the superintendent of sewers to enter a drain into a common sewer, the permit for opening a street shall be given, subject to such limits of time and space as the superintendent of streets may prescribe. In the case of other applicants the permit for opening to open streets, shall be issued at the discretion of the superintendent of streets, but shall always be on condition that the applicant will conform to the statutes and ordinances thereto applicable. Licensee to give bond, etc. The licensee shall also give a bond, with one or more sureties, the same to be satisfactory to the mayor, that he will indemnify the city for any damage caused directly or indirectly by any acts performed under such permit, and will restore the street to its former condition, to the satisfaction of the said superintendent of streets; and that in case of the refusal or neglect of such licensee so to restore the street, it shall be repaired and mended at his expense by the Penalty against said superintendent. Any licensee who shall neglect or refuse to comply with the conditions of his permit shall be liable to a penalty of not less than five nor more than fifty dollars for each day during which such neglect or refusal continues, and shall not, for the space of one year thereafter, receive another permit for opening a street. licensee for neglect, etc. R. O. p. 76. Excavations in streets to be licensed. R. O. p. 76. Fence and lights to be put up at excavations. R. O. p. 76. SECT. 5. No person shall make, or cause to be made, an excavation in a street for any purpose whatever without a license from the superintendent of streets subject to the regulations herein prescribed. Every application for such a license shall be made in writing and signed by the applicant, and shall set forth the dimensions of the proposed excavation and the purpose for which it is to be used; and every such license shall provide that the excavation licensed shall not be used for any purpose other than that stated in the application, and may at any time be revoked by the said superintendent. But no excavation shall be made, the inner face of the wall of which extends further under the street than to a line eighteen inches inside the line of the outer edge of the curbstone of the sidewalk. SECT. 6. When an excavation is made in a street for any purpose, the person or persons by or for whom such excavation has been made shall cause a rail or other sufficient fence to be placed so as to enclose such excavation and the dirt, gravel, or other material thrown therefrom, and such fence shall be maintained during the whole time for which the excavation continues, and he or they shall also cause a lighted lantern, or some other proper and sufficient light, to be fixed to some part of such fence, or in some other proper manner over or near the excavation, and over or near the dirt, gravel, or other material taken therefrom, and so kept from the beginning of twilight through the whole of every |