State board shall consult with the authorities of cities and the rights and property of the Commonwealth therein and to protect the public health. It shall have authority to conduct experiments to determine the best practicable methods of purification of drainage and sewage or disposal of the same. For the purposes aforesaid it may employ such expert assistance as may be necessary. Acts of 1888, 375, § 3. It shall from time to time consult with and advise the authorities of cities and towns, or with corporations, firms or individuals either already having or intending to introintroduction of duce systems of water supply, drainage or sewerage, as towns as to water supplies and sewerage. to the most appropriate source of supply, the best practicable method of assuring the purity thereof or of disposing of their drainage or sewage, having regard to the present and prospective needs and interests of other cities, towns, corporations, firms or individuals which may be affected thereby. It shall also from time to time consult corporations as with and advise persons or corporations engaged or into sewage disposal. tending to engage in any manufacturing or other business, Authorities and corporations to drainage or sewage from which may tend to cause the shall consult with and advise submit plans to the board. Petitions to legislature to with advice of board. pollution of any inland water, as to the best practicable method of preventing such pollution by the interception, disposal or purification of such drainage or sewage: provided, that no person shall be compelled to bear the expense of such consultation or advice, or of experiments made for the purposes of this act. All such authorities, corporations, firms and individuals are hereby required to give notice to said board of their intentions in the premises, and to submit for its advice outlines of their proposed plans or schemes in relation to water supply and disposal of drainage and sewage, and all petitions be accompanied to the legislature for authority to introduce a system of water supply, drainage or sewerage shall be accompanied by a copy of the recommendation and advice of the said board thereon. Said board shall bring to the notice of neglect to notice the attorney-general all instances which may come to its Board shall bring cases of of attorneygeneral, and report to legislature. knowledge of omission to comply with existing laws respecting the pollution of water supplies and inland waters, and shall annually report to the legislature any specific cases not covered by the provisions of existing laws, which in its opinion call for further legislation. Acts of 1888, 375, § 4. Definition of drainage" In this act the term " drainage" refers to rainfall, surface and subsoil water only, and "sewage" refers to and "sewage." domestic and manufacturing filth and refuse. Acts of 1890, 441, § 1. health to have streams and sources of The state board of health shall have the general super- State board of vision of all streams and ponds used by a city or town supervision of as sources of water supply, with reference to their purity, ponds used as together with all springs, streams and water-courses trib- water-supply. utary thereto; and shall have authority to examine the same from time to time and inquire what pollutions exist and what are their causes. Acts of 1890, 441, § 2. to pollution. held. Whenever the mayor of a city or the selectmen of a Complaints as town, using a stream or pond as a source of water supply, complains to said state board of health that manure, excrement, garbage, sewage or any other matter is so deposited, kept or discharged within one hundred feet of the high water mark of any such stream or pond, or any stream, pond, spring or water-course tributary thereto, as to pollute or tend to pollute the waters of such stream, pond, spring or water-course, the said board of health shall appoint a time and place for hearing parties to be Hearing to be affected, and give due notice thereof to such parties; and after such hearing, if in its judgment the public health requires it, may prohibit the deposit, keeping or Board may prohibit pollution. discharge of any such material as aforesaid, and may order any person to desist therefrom and to remove any such material theretofore deposited; but shall not pro- Prohibition hibit the use of any structure as was customary at the time of the passage of this act, unless the mayor of the city or the selectmen of the town making the complaint shall file with said state board of health an agreement in writing that such city or town shall at its own expense make such changes in said structure or its location as said board shall deem expedient, and such agreement shall be binding on such city or town; and when such changes have been made all damages occasioned thereby shall be paid by such city or town; and if the parties limited. Damages to be paid by city or town. Damages may be determined by jury. Cultivation and use of soil allowed. Appeals. how made. Failure to appeal. Orders to be complied with during pendency of appeal. Authority of verdict. Court may enforce orders of board. cannot agree thereon, such damages shall be determined by a jury on petition of either party filed in the clerk's office of the superior court, in the manner provided by law in relation to determining the damages occasioned by taking land for highways in such city or town; said board shall not prohibit the cultivation and use of the soil in the ordinary methods of husbandry, provided no human excrement be used thereon. Acts of 1890, 441, § 3. Any person aggrieved by an order passed under this act may appeal therefrom; and if he shall, within ten days from the service of such order upon him, file a petition in the clerk's office of the superior court in the county where the premises are located, with reference to which such order is made, for a jury, a trial may, after such notice as the court shall order to the said board of health and the mayor of the city or the chairman of the selectmen of a town interested in such order, be had at the bar of the court in the same manner as other civil cases are tried by jury. If a person by mistake of law or fact or by accident fails to appeal from any such order and to file his petition for a jury within ten days, and if he makes it appear to the court or justice that such failure was caused by mistake or accident and that he has not since the service of such order upon him violated such order, he may at any time within thirty days from the service of the order upon him appeal therefrom and file his petition for a jury with the same effect as if done within the said ten days. During the pendency of the appeal the order of the said board of health shall be complied with unless otherwise authorized by said board after the appeal. The verdict of the jury, which may either alter the order or affirin or annul it in full, when accepted by the court shall have the authority and effect of and may be enforced in the same way as an original order from which no appeal had been taken. Acts of 1890, 441, § 4. Any court having equity jurisdiction may, in term time or vacation, on the application of said state board of health or of any party interested, by any suitable process or decree in equity, enforce by injunction or otherwise. such orders of said board of health or of said court; and Court may restrain by in. may at the same time issue an injunction to restrain, until junction. the orders of said board have been complied with, the use or occupation of the premises within said distance of one hundred feet on which the said material is deposited or kept. Acts of 1890, 441, § 5. violation. Whoever deposits, keeps or discharges on his premises Penalty for any material in violation of such order of prohibition, after the same has been served upon him as aforesaid, shall forfeit a sum not exceeding ten dollars for each and every day until such order is complied with. Acts of 1890, 441, § 6. Act not to impair or repeal existing pro visions. This act shall not be construed to impair or repeal any existing provision of law in regard to the pollution of springs, streams, ponds or water-courses, or the prevention of such pollution, or the powers and jurisdiction of any court relating to the prevention of such pollution; nor shall it be applicable to the Merrimac or Connecticut Certain rivers excepted. rivers, nor to so much of the Concord river as lies within the limits of the city of Lowell. Acts of 1890, 441, § 7. held in city or All hearings granted in accordance with the provisions Hearings to be of this act shall be held in the city or town in which the town where polnuisance or pollution is alleged to exist. lution is alleged to exist. DRAINS AND COMMON SEWERS. P. S., 50, § 1. Acts of 1890, 124. cities and towns may make sew. erage systems, The mayor and aldermen of a city, and the selectmen Authorities of or road commissioners of a town, may lay, make, and maintain all such main drains or common sewers, as they etc. adjudge to be necessary for the public convenience or the public health, through the lands of any persons or corporations, and may repair the same whenever it is necessary; main drains and common sewers so laid shall be the property of the city or town. Cities and towns may with the approval of the state board of health, ob tained after a public hearing by said board of all parties interested, purchase or take land within their respective limits for the purification and disposal of sewage. Said board shall give notice of such hearings by publication in such newspapers and at such times as it may deem proper. Towns may establish and baths, etc. PUBLIC BATHS. P. S., 27, § 13. A town in which chapter two hundred and fourteen of maintain public the statutes of the year eighteen hundred and seventyfour has been duly accepted, or in which this and the following section have been accepted by two thirds of the legal voters present and voting at an annual meeting, may purchase or lease lands, and erect, alter, enlarge, repair and improve buildings for public baths and washhouses, either with or without open drying grounds, and may make open bathing places, and may fit up and furnish all of the same with the requisite furniture, fittings, and conveniences, and may raise and appropriate money therefor. Towns may appoint officers lations for baths, etc. P. S., 27, § 14. Such town may establish rates for the use of such baths and make regu- and wash-houses, and appoint officers therefor, and may make by-laws for the government of such officers, and authorize them to make such rules and regulations as may seem to them expedient for the management of such baths and wash-houses; but such by-laws, rules, or regulations shall be subject to alteration or repeal at any time. Lots to be indivisible, but inheritable. Representatives of, how designated. CEMETERIES, BURIALS, AND REMOVAL OR Acts of 1885, 302, § 1. Lots in such cemeteries shall be held indivisible, and upon the decease of a proprietor of such lot the title thereto shall descend to his heirs at law or devisees, subject however to the following limitations and conditions: If he leaves a widow and children, they shall have in |