the governor and council, by the Legislature, or by any person or persons duly authorized to open the returns and count the votes, the original return shall be found in substantial conformity with the copy of the record returned as aforesaid, then said original return shall not be rejected because of the informality before-mentioned; provided, that said copy of the record shall have been received by the said secretary before the expiration of the day next preceding that on which, by law, the returns of said elections are to be opened and the votes counted. [Approved by the Governor, May 13, 1852.] AN ACT Concerning the Dedication of Public Ways, and for other purposes. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the athority of the same, as follows: ed, &c., not to towns, un SECTION 1. No way heretofore opened and Ways opendedicated to the public use and not already become to become a public way, and no way hereafter opened and chargeable dedicated to the public use, shall become chargea- less opened, ble upon any city or town, unless such ways shall bly to statbe laid out and established by such city or town, utes. in the manner prescribed by the statutes of this Commonwealth. &c., agreea ways, &c., to cers. SECT. 2. It shall be the duty of the mayor and Entrances of aldermen of each city, and of the selectmen of be closed, &c. each town in this Commonwealth, and they are by town offihereby authorized and required, whenever, and so long as the public safety may demand it, to direct and cause the entrances of all the ways aforesaid, entering on and uniting with any existing public way, to be closed up, or, by other sufficient means, to caution the public against entering upon such ways. In case of neglect so to close, &c., towns to be liable for damages. SECT. 3. In case any city or town shall not close up the entrances to the ways aforesaid, or give other sufficient notice that the same are dangerous, such city or town so neglecting shall be liable for any damages arising from any defects therein, in the same manner as if such ways were duly laid out and established. [Approved by the Governor, April 9, 1846.] AN ACT In relation to the Grades of Certain Streets and Ways. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: Abutting owners to grade land SECTION 1. When any street or way, which now is, or hereafter shall be opened, in any city or at their own town which shall accept this act as herein pro expense. vided, over any private land, by the owners thereof, and dedicated to, or permitted to be used by the public, before such street or way shall have been accepted, and laid out according to law, it shall be the duty of the owners of the lots abutting thereon, to grade such street or way at their own expense, in such manner as the safety and convenience of the public shall, in the opinion of the mayor and aldermen of any city, or selectmen of any town, require; and if the owners of such abutting lots shall, after reasonable notice given by the said mayor and aldermen or selectmen, neglect or In case of re- refuse to grade such street or way in manner aforesaid, or to close the same from public use, it shall be lawful for the said mayor and aldermen, or selectmen, to cause the same to be graded as aforesaid, and the expense thereof shall, after due notice to the parties interested, be equitably assessed upon the owners of such abutting lots, by the said mayor fusal to be assessed for expenses of grading. and aldermen, or selectmen, in such proportions as they shall judge reasonable; and all assessments so made shall be a lien upon such abutting lands, in the same manner as taxes are now a lien upon real estate; provided always, that nothing con- Provided. tained in this act shall be construed to affect any agreements heretofore made, respecting any such streets or ways as aforesaid, between such owners and any city or town; provided, also, that any such grading of any street or way by the mayor and aldermen, or selectmen, as aforesaid, shall not be construed to be an acceptance of such street or way, by any such city or town, and that the said grading of such street or way, by any such owners, or on such notice or procurement of such mayor and aldermen, or selectmen, shall not be construed to be a dedication to the public use of any such street or way, or any part thereof, by the owner or owners of the same. aldermen or SECT. 2. The mayor and aldermen of any city, Mayor and or the selectmen of any town, by which this act selectmen shall be accepted, are hereby authorized to fix and may establish grades establish the grade of any street or way mentioned of streets. in the first section of this act, before the same is actually graded as therein provided, or of any other street or way not legally accepted, and to cause a plan of such grade to be deposited in the office of the clerk of such city or town; and all those who improve the lots abutting on any such street or way after the grade of it shall have been so established and recorded, shall, in their improvements, either by building or otherwise, conform to said grade, and shall be entitled to no damages for the making of such street or way according to said grade, provided such street or way be actually made within two years after the grade thereof is established and recorded. The establishing and recording of the grade of any street or way as aforesaid, shall not be considered an acceptance of such street or way by any city or town. Streets or ways not to ed without SECT. 3. No street or way, mentioned in the be obstruct- first and second sections of this act, shall be dug consent, etc. up, or in any way obstructed in any part thereof, without the consent of the mayor and aldermen of the city, or the selectmen of the town in which such street or way is situated. When to take effect. SECT. 4. This act shall not take effect in any city or town until it shall have been accepted by the city council of such city, or by the inhabitants of such town, at a legal meeting. [Approved by the Governor, May 11, 1853. Accepted by City Council, Aug. 8, 1853.] AN ACT In relation to Main Drains or Common Sewers. Selectmen, &c., authorized to lay and repair main drains. SECTION 1. The selectmen of the several towns, and the mayor and aldermen of the several cities in the Commonwealth, may lay, make, maintain and repair all main drains or common sewers in Drains to be their respective towns and cities; and all the main town or city drains or common sewers which have heretofore been or which may hereafter be constructed by any been orshall town or city, shall be taken and deemed to be the property of such town or city. property of in which they have be laid. Proprietors drains, that are entered into main assessed to pay town &c part of the expense of main drains. SECT. 2. Every person who may hereafter enof particular ter his particular drain into any main drain or common sewer so constructed as aforesaid, for the drains, to be draining of his cellar or land, or in obedience to the by-laws or ordinances of the town or city, or who, by any more remote means, shall receive any benefit thereby, for draining his cellar or land, shall pay to the town or city a proportional part of the charge of making and repairing such main drain or common sewer, to be ascertained and assessed by the selectmen in case of towns, and by the may 1 Met. Rep. 130. or and aldermen in case of cities, and by them certified, and notice thereof given to the party to be charged, or his tenant or lessee. to be a lien, for one year, estate as which may SECT. 3. And all assessments so made shall Assessments constitute a lien on the real estates assessed, for one year after they are laid, and may, together with on the real all incidental costs and expenses, be levied by sale sessed, thereof, if the assessment is not paid within three be sold for months after a written demand of payment, made non-payeither upon the person assessed, or upon any person occupying the estate; such sale to be conducted in like manner as sales for the non-payment of taxes. ment. assessments. SECT. 4. Any person, who may deem himself Provisions aggrieved by any such assessment, may, at any persons agfor appeal by time within three months from receiving notice grieved by thereof, appeal to the county commissioners, or if the case arise in the city of Boston or in the town of Chelsea, to the court of common pleas, which court, in such case, shall appoint three disinterested persons, who may be inhabitants of Boston or other town, to settle and assess the share to be charged to such person; and the said county commissioners and referees may examine the parties and any other person, on oath, touching the matter submitted to them, and shall settle and determine the proper amount of charge or assessment; and the said referees, in the case of the city of Boston or the town of Chelsea, shall make return of their doings to the said court of common pleas, and in all cases the decision of said county commissioners and of said referees shall be final; and in case the assessment made by the selectmen or mayor and aldermen shall not be reduced on such appeal, the town or city shall recover costs, but otherwise shall pay costs; provided, however, that in all cases of an appeal, as aforesaid, the appellant, before entering it, shall give one month's notice in writing to the selectmen, or mayor and aldermen, of his intention to appeal, and shall therein particu |