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City Document. — No. 9. 









In Board op Aldermen, June 25, 1860. 
Ordinance concerning Main Drains and Common Sewers passed to be 
enrolled. Sent down for concurrence. 

JOSEPH W. TUCKEE, City Clerh. 

In Common Council, June 25, 1860. 
Laid on the table and ordered to be printed. 


Citg 0{ llo^&urs. 

In Board of Aldermen, June 25, 1860. 
The Joint Standing Committee on Sewerage recommend the passage of 
the accompanying Order accepting the provisions of the General Stat- 
utes in relation to Sewerage, and also the passage of the accompanying 
Ordinance concerning Main Drains and Common Sewers. 




Be it ordained by the City Council of the City of Rox- 

hury, as follows : 

S'ect. 1 . The Mayor and Aldermen shall lay, make, main- 
tain and repair, all main drains and common sewers which 
shall be ordered by the City Comicil. 

Sect. 2. . All common sewers shall be laid, as nearly as 
practicable, in the centre of the streets through which 
they pass. They shall be built of such materials and di- 
mensions as the Mayor and Aldermen may direct, and 
when the same is advisable, they shall be of sufficient size 
to be entered and cleared without removing the pavement 
or earth above. 

Sect. 3. During the month of July, in the present year, 
and at the commencement of each municipal year hereaf- 
ter, there shall be chosen, by ballot, a Joint Standing Com- 
mittee on Common Sewers, to consist of two Aldermen 
and five members of the Common Council, to which Com- 
mittee all petitions for sewers shall be referred. The 
Mayor, for the time being, shall be, ex officio, a member of 
said Committee. 

Sect. 4. All particular drains which shall hereafter en- 
ter into any common sewer, shall be built of such materi- 
als, dimensions and descriptions, and with such descent, 
and in such manner as the Mayor and Aldermen shall di- 
rect; and they shall be, at all times, subject to be enlarg- 
ed or otherwise altered by the Mayor and Aldermen, as in 
their judgment the public health or convenience may re- 

Sect. 5. The Mayor and Aldermen shall have power to 
cause every owner of land, adjoining any street through 
which a common sewer shall be laid, or his agent or ten- 
ant, to make a sufficient drain from his house or lot into 
the said sewer, whenever, in their opinion, the same shall 
be necessary ,• and shall thereupon give such owner, agent 
or tenant, notice, in writing, specifying the time within 
which such drain shall be completed ; and in case the said 
owner, agent or tenant shall neglect to complete the same 
within the time specified, the Mayor and Aldermen shall 
cause the same to be done, and shall recover the whole 
amount of the expense thereof, together with ten per cent, 
damages, by action, to be brought in the name of the City 
of Roxbury, before any Court proper to try-the same : 
Provided, however, that in no case shall the ten per cent, 
claimed by way of damage exceed the sum of twenty dol- 

Sect. 6. It shall be lawful for all persons having the 
care of buildings, at their own expense, to carry the rain 

water from the roofs of said buildings into any common 
sewer, free of any charge from the City, provided the same 
be done by tight water spouts and brick or stone drains, 
or metal tubes under ground, and under the direction of 
the Mayor and Aldermen. 

Sect. 7. Every person entering his or her particular drain 
into any common sewer, without a permit, in writing, from 
the Mayor and Aldermen, or Superintendent of Common 
Sewers, hereinafter mentioned, shall forfeit and pay the 
sum of twenty dollars, and shall also be liable to pay all 
such damage, by way of indemnification, as the Mayor and 
Aldermen shall deem just and reasonable. And all such 
persons to whom such permits shall be granted, shall pay 
therefor such sum of money, not less than ten dollars, as 
the Mayor and Aldermen may determine. 

Sect. 8. There shall be chosen, in the month of July 
of the present year, and hereafter at the commencement of 
each municipal year, by the concurrent vote of the City 
Council (to be first acted upon by the Mayor and Aldermen), 
an able and discreet person, to be styled Superintendent 
of Common Sewers, who shall hold his office at the pleas- 
ure of the City Council, and shall receive such compensa- 
tion as said Council shall determine ; and any vacancy in 
said office may, at any time, be filled in the manner before 

Sect. 9. The said Superintendent, whenever any com- 
mon sewer is ordered to be built or repaired, shall ascer- 
tain its depth, breadth, mode of construction and general 
direction, and take the plan thereof, and insert the same, 
with all those particulars, in a book to be kept for that 
purpose ; and forthwith ascertain and insert on said plan 
all entries made or which are desired to be made into such 

Sect. 10. The said Superintendent shall keep an accu- 
rate account of the expense of constructing and repairing 

each common sewer, and shall report the same to the May- 
or and Aldermen, together with a list of estates adjoining 
the street where said sewer is situated and deriving bene- 
fit therefrom, and a description of such estates and the 
names of the owners thereof. 

Sect. 11. It shall be the duty of the Mayor and Alder- 
men, in making assessments for defraying the expense of 
constructing or repairing main drains or common sewers, 
to deduct from the expense such part as they may deem 
expedient to be charged to and paid by the City ; and to 
apportion and assess the remainder thereof upon the per- 
sons and estates receiving benefit from such main drain or 
common sewer, either by the entry of their particular 
drains therein, or by any more remote means, agreeably to 
existing laws. 

Sect. 12. The said Superintendent shall enter, in books 
to be kept for that purpose, all such assessments made by 
the Mayor and Aldermen, and shall forthwith make out 
bills for the same, and deliver them to the City Treasurer, 
for collection ; and the said Treasurer shall forthwith de- 
mand payment, in writing, of said bills, in the manner pre- 
scribed by law ; and in case any bills or dues under this 
ordinance shall remain unpaid at the expiration of three 
months after demand for payment as aforesaid, the said 
Treasurer shall cause the same to be collected by a resort 
to the proper legal process. 

Sect. 13. This Ordinance shall take efi'ect from and af- 
ter its passage. 

Citg 0f llo^krg. 

In Board op Aldermen, June 25, 1860. 
Ordered, That Sections 3, 4, 5 and 6, of the 48th Chapter of the 
General Statutes of this Commonwealth, be and the same are hereby ac- 
cepted by the City Council.