sixth chapter of the General Statutes, such town or city shall sale of liquors SECTION 3. The third section of the eighty-sixth chapter commission for of the General Statutes, is hereby so amended, that all sales defined. made by the commissioner in less quantity than the original package, shall be made at a price not exceeding an advance of seven and one-half per cent. upon the actual cost, together with the cost of the analysis. may recover lawful sale. SECTION 4. The thirty-eighth section of the eighty-sixth Party in interest chapter of the General Statutes, is hereby so amended that damages for unthe husband, wife, parent, child, guardian or employer, of any person who hereafter may have the habit of drinking spirituous or intoxicating liquor to excess, may, in an action of tort against any person or persons, who shall sell or deliver unlawfully, to the person having such habit, any spirituous or intoxicating liquor, recover as damages any sum not exceeding five hundred, and not less than twenty-one dollars. A married woman may bring such action in her own name, notwithstanding her coverture, and all damages recovered by her shall go to her separate use. In case of the death of either party, the action and right of action given by this section, shall survive to or against his executor or adminis trator. Approved April 3, 1861. AN ACT CONCERNING THE OLD COLONY AND FALL RIVER RAILROAD COMPANY. Married woman may bring action. Chap. 137 railway in Bos ton. Be it enacted, &c., as follows: SECTION 1. The Old Colony and Fall River Railroad May maintain Company is hereby authorized to construct and maintain a ton railway, beginning at a point on Kneeland Street, between South and Cove Streets, in Boston; thence running southerly to the channel, between Boston proper and South Boston, at or near Clark's Wharf, so called; thence southerly, bearing more westerly across said channel to the South Boston shore at land belonging to the said Old Colony and Fall River Railroad Company, and westerly of their present track; thence curving southerly over land of said Old Colony and Fall River Railroad Company, and near to land of the Bridge to South Construction, authority of. South Boston Iron Company, to Fourth Street; thence under said Fourth Street curving, easterly, over or near land of trustees of Cyrus Alger, deceased, and over flats belonging to said Old Colony and Fall River Railroad Company, to a point at or near the westerly corner of flats owned by or in the care of Daniel Denny, and over flats of the Old Colony and Fall River Railroad Company, and over flats owned by or in the care of said Denny, or the trustees of Cyrus Alger's estate, to the New York Central Railroad track; thence over the same to a point in the present track of the Old Colony and Fall River Railroad Company, at or near Dorchester Avenue. SECTION 2. The bridge across the channel between Boston and South Boston shall be provided with a suitable draw at least as wide as the draw in the bridge next below it, with sufficient piers, and the lines of the piles of the structure shall be driven in the direction of the current, which draw, with the bridge, shall be constructed under the direction of and how directed. three commissioners to be appointed by the governor and council, and paid by the railroad company; and said commissioners shall give notice to the mayor and aldermen of Boston, and to all persons owning property in the vicinity, which may be affected thereby, that they intend to locate said bridge. The said bridge shall not be over twenty-six feet in width, and the draw shall at all times be kept in good repair by said railroad company, who shall open it for Commissioners, the passage of vessels by day or night. And said commissioners shall have authority to fix and determine the point on the shore of Boston proper, from which said bridge shall commence, which shall be between the most easterly dock in the wharf of the Boston and Worcester Railroad Corporation and a point three hundred feet easterly of the same; and also the point on the shore of South Boston, at which said bridge shall end, which shall be within four hundred Location of rail- feet westerly of the end of their present bridge; and the Old Colony and Fall River Railroad Company shall locate the railway hereby authorized in conformity to such determination of said commissioners; and none of the work necessary in building said bridge in said channel, northerly of the draw therein, shall be done between the first day of April and the first day of December following in any year: provided, that said Old Colony and Fall River Railroad Company shall not occupy any flats within said new line that they have not purchased, without making due compensation for the same to the party entitled thereto. way by company. Proviso. of track. SECTION 3. When the railway hereby authorized is con- Discontinuance structed and ready for use, all that part of the present track, bridge, and location, of the said Old Colony and Fall River Railroad Company, between the point of intersection with the track hereby authorized in South Boston, and the west side of Lehigh Street in Boston proper, shall be discontinued, and the bridge and piles removed at the expense of the said company. strictions. SECTION 4. The said Old Colony and Fall River Railroad Privileges and reCompany, in the location, construction, and use of the railroad hereby authorized to be constructed, shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, contained in the General Statutes concerning railroad corporations. Central, width of, SECTION 5. The bridge, by which the railway hereby Bridge over N. Y. authorized passes over the New York Central Railroad track, Cent shall be at least twenty-five feet wide between its abutments, and shall be built in a suitable manner, and kept in repair by said Old Colony and Fall River Railroad Company; and Bridge in Fourth the bridge, by which Fourth Street passes over the railway hereby authorized, shall be built and kept in repair by said. Old Colony and Fall River Railroad Company, and shall be Street. at least fifty feet wide. The said Old Colony and Fall River Grade of street. Railroad Company shall have power to raise the present grade of Fourth Street, including Dover Street Bridge, where it passes over the track hereby authorized, twelve feet by such an ascent to the bridge as the board of aldermen shall decide; the expense of which raising on the easterly Expense, how side of said railway shall be borne by said Old Colony and borne. Fall River Railroad Company, and the expense of raising the street and bridge on the west side thereof by the said railroad company and the city of Boston: provided, however, Proviso. that the city of Boston shall be required to bear only such portion of said expense as is necessary to put said Dover Street Bridge, on the west side of said railway, in such substantial and permanent repair for the purposes of a highway as could be required if said raising had not taken place. SECTION 6. If the said Old Colony and Fall River Rail- Disagreement, road Company and the city of Boston cannot agree upon the how adjusted. proportion of the cost of raising the grade of the street and bridge on the westerly side of the crossing aforesaid to be borne by each, then the whole of the expense of such raising shall be in the first instance paid by said Old Colony and Fall River Railroad Company, and the work of raising to be performed by them, under the direction of the board of Commissioners, aldermen of the city of Boston; and after the whole work how appointed. Hearing and award. Expense. Line established. Company may build stone wall. Damages. has been completed, and the cost has been ascertained, the said Old Colony and Fall River Railroad Company may apply to the supreme judical court, sitting for Suffolk County, for the appointment of three disinterested persons as commissioners to apportion the expense of said work between said Old Colony and Fall River Railroad Company and the city of Boston; and the commissioners appointed by the court shall hear the parties, and make their award apportioning said cost between the said Old Colony and Fall River Railroad Company and said city of Boston, and return the same to the said court, which award, when accepted by the court, shall be binding upon the parties, and shall entitle the Old Colony and Fall River Railroad Company to maintain an action against said city for the proportion of said cost awarded to be paid by said city. The expense of said commissioners shall be borne equally by said railroad company and said city. SECTION 7. The line, described in section first of "An Act in addition to an Act entitled An Act concerning lines in Boston Harbor," " passed May seven, eighteen hundred and fifty-five, is hereby established, instead of the tenth line, described and established in and by section fourth of the act passed April second, eighteen hundred and fortytwo, entitled "An Act concerning lines in Boston Harbor;' and the said Old Colony and Fall River Railroad Company are hereby authorized and required, within two years from the passage of this act, to build on said line hereby established from the South Free Bridge, a solid stone wall, and also to remove any portion of a stone wall which projects beyond the line hereby established. SECTION 8. No damages shall ever be claimed or recovered of the city of Boston by the Old Colony and Fall River Railroad Company for crossing hereafter the track hereby authorized by a public street, provided the street crosses over Altitude of track. the track on a suitable bridge. And that portion of the track hereby authorized, where Broadway, if extended, would cross it, shall not be more than twelve inches higher than the said track, where it crosses under Fourth Street. Limitation for location and construction. SECTION 9. Unless said Old Colony and Fall River Railroad Company shall locate the railroad hereby authorized within two years, and construct and complete the road within five years from the passage hereof, the whole of this act, except section seventh, shall be void. Approved April 3, 1861. AN ACT PROVIDING FOR THE SAFE KEEPING OF PROPERTY IN THE POSSESSION OF PERSONS COMMITTED TO PRISON. Be it enacted, &c., as follows: Chap. 138 SECTION 1. The warden of the state prison, the masters Officers to keep and keepers of the several jails and houses of correction in record. this Commonwealth, shall cause to be kept a book of record in which shall be recorded a correct account of all money or other property, found in the possession of prisoners committed to the aforesaid institutions; and said officers shall be held responsible to the Commonwealth for the safe keeping and delivery of said property to said prisoners, either upon their order or receipt at any time before or at the time of their discharge therefrom. SECTION 2. This act shall take effect upon AN ACT CONCERNING SHIPPING AND PILOTAGE. Be it enacted, &c., as follows: and report disas Chap. 139 SECTION 1. The commissioners of pilots shall ascertain, Pilot commisas near as may be, and report annually to the secretary of sioners to record the Commonwealth, in accordance with section fourteen of ters. chapter fifty-two of the General Statutes, the names, class, tonnage and value of vessels and cargoes wrecked, stranded, run ashore, foundered, or lost, within the waters or upon the coasts of Massachusetts, together with the number of lives lost in consequence thereof. SECTION 2. The commissioners are hereby also required Names of pilots, to report whether pilots were on board at the time of the occurrence of the aforesaid disasters, and if so, to state their names, and for what port or ports they hold commissions. SECTION 3. The aforesaid commissioners are hereby Information may authorized to require pilots to furnish, under suitable regulations, such information as the commissioners may deem requisite for the purposes of this act. Approved April 6, 1861. AN ACT IN ADDITION TO "AN ACT TO ESTABLISH THE CITY OF Be it enacted, &c., as follows: LAWRENCE." if any, &c. be required. Chap. 140 to be elected for SECTION 1. The city council of the city of Lawrence Assessors of taxes shall, in the month of March or April, in the year eighteen three years. hundred and sixty-two, elect by joint ballot, in convention, three persons to be assessors of taxes; the person first chosen to hold office for three years, the person next chosen to hold office for two years, and the person last chosen to hold office for one year, from said election; and said council shall in like manner, in the month of January or February, in each |