"an act to prevent the wanton destruction of lamps," made and passed on the eighteenth day of February, in the year of our Lord one thousand eight hundred and twenty-four; to be recovered and appropriated in the manner provided in said act. 1778. SECT. 3. Be it further enacted, that the act entitled "an act for Repeal of act regulating lamps already set up, or that may hereafter be set up, for passed June 29, enlightening the streets, lanes, alleys, or passage-ways, in the town of Boston, and to prevent the breaking or otherwise damaging the same, and also establishing the method for paying the expenses that may arise in supporting or maintaining said lamps," be, and is hereby, repealed: provided, the said act shall remain in force as to all fines, penalties, and forfeitures, which have been incurred prior to the passing of this act, in and by virtue thereof. AN ACT TO INCORPORATE THE TRUSTEES OF THE POOR'S FUND IN THE Be it enacted, etc.: SECTION 1. That James K. Frothingham and others, selectmen of Persons incorporated. the town of Charlestown, and Thomas Miller, Amos Tufts, and Matthew Skilton, deacons of the First Congregational church, William Arnold and James Fosdick, deacons of the Baptist church, Moses Hall, Daniel Tufts, and Joseph Gould, deacons of the Universalist church, Joseph Phipps and Elias Phinney, deacons of the New church, all of said Charlestown, for the time being, and their successors in the said offices of selectmen and deacons, for the time being, be, and they hereby are, made a body politic and corporate forever, by the name of the Trustees of the Charlestown Poor's Fund, for the purpose of managing certain donations given and bequeathed at different periods of time, by Richard Russell, Esq., Captain Richard Sprague, Mr. Thomas Call, and Richard Devens, Esq., all formerly inhabitants of the said Charlestown, and such other funds as may come into their hands for like purposes; and the said trustees, by the name aforesaid, Powers and may sue and be sued, prosecute and defend suits, with power of sub- privileges. stitution, and may have a common seal, and the same may alter and renew at pleasure; and the two senior deacons of all regularly organized religious churches, which may hereafter be constituted, in said town of Charlestown, shall be considered as members of said board of trust: provided, that, whenever any new society shall be consti- Proviso. laws. SECT. 2. Be it further enacted, that the said trustees may choose Officers and by. a treasurer and other necessary officers, and may adopt all needful by-laws and regulations for the government of the corporation, not repugnant to the constitution and laws of this commonwealth, and the same may alter as they may find expedient and necessary. receive and hold SECT. 3. Be it further enacted, that the said trustees shall have Trustees may full power to receive and hold all money, securities, and other estate, the Poor's Fund. real or personal, now constituting the said Poor's Fund, and also to receive and hold all gifts, grants, and donations, real and personal, that may hereafter be made to increase the said fund, and the same to manage, and put on interest, and to apply the income thereof annually, for the relief of the poor of said town forever, conformably to the true intent and meaning of the several donors: [provided, how Trustees may sell property. First meeting. ever, that the annual income of said fund shall not exceed the sum of two thousand dollars].' SECT. 4. Be it further enacted, that the said trustees shall have power to make sale of any of their property, real or personal, purchased or given, as they shall judge most for the interest of their said trust, unless that which shall be given be expressly otherwise appropriated by the donor; and all moneys arising from such sale, and the subsequent income, shall be applied to the same use to which the property sold and the income thereof were respectively applicable; and all deeds, conveyances, contracts, and other instruments duly authorized by the board at a regular meeting, and signed by the president, and attested by the secretary, shall be good and valid. SECT. 5. Be it further enacted, that James K. Frothingham be, and he hereby is, authorized to call the first meeting of the trustees, at such time and place as he shall think proper. June 18, 1825. [1868, 301; 1873, 286, § 12.] Persons incorporated. Authorized to build a free bridge. Proviso. Toll not to be taken. 1825. CHAPTER 147. 2 AN ACT ESTABLISHING A FREE BRIDGE IN THE CITY OF Boston. Be it enacted, etc.: SECTION 1. That Nathaniel Whittemore, Noah Brooks, Cyrus Alger, William Wright, Adam Bent, David Henshaw, Jonathan Hunewell, Francis J. Oliver, Samuel K. Williams, and Hall J. Howe, and their associates, successors, and assigns, be, and they hereby are, constituted a corporation by the name of the Boston Free Bridge Corporation, with all the powers and privileges, and subject to the restrictions, usually incident to such corporations in this commonwealth. SECT. 2. Be it further enacted, that said corporation be, and they hereby are, authorized and empowered to build and construct, or cause to be built and constructed, a free bridge, with one or more suitable and sufficient draws, across the water, and over the channel, in or near a direction in a straight line from or near Sea street, in Boston, to the newly made land at South Boston, and nearly in the direction of the Dorchester turnpike, and to erect a wharf or pier on each side of said bridge, near said draws, for the accommodation of vessels passing through said bridge; such bridge and wharves to be built in such manner as the city government of Boston shall approve : provided, however, that said corporation shall be holden to make compensation to any person or corporation, whose land shall be appropriated to the use of said bridge. SECT. 3. Be it further enacted, that no toll or duty shall ever be exacted or paid for any travel over said bridge or passing the draws of the same; and said corporation shall always be held liable to keep said bridge and draws in good repair, and to raise the draw of said bridge and afford all necessary and proper accommodation to vessels that have occasion to pass the same, by night or by day, and shall Liable to action keep said bridge sufficiently lighted; and if any vessel is unreasonably delayed or hindered in passing said draw, by the negligence of said corporation or their agents, in discharging the duties enjoined on them by this act, the owners or commanders of such vessels shall recover reasonable damages therefor, of said corporation, in an action on the case, before any court proper to try the same; and if the said for unreasonable detention of vessels. 1 Repealed by St. 1868, c. 301. 2 Now called Federal-street bridge. See Statutes and Ordinances (ed. 1876), p. 69, note; R.O., c. 40, § 1. may assume be liable for corporation shall not, within three years from the passing of this act, locate, construct, build, and complete, said bridge, agreeably to the provisions of this act, then this act shall be null and void: provided, City of Boston that whenever the city government of Boston shall assume the care maintenance of and obligations of keeping said bridge in repair, lighting the same, said bridge, and and providing facilities for raising said draw or draws, as aforesaid, damages. then the obligations hereby imposed on said corporation to that effect shall be annulled, and the same shall devolve on the said city government; in which case the damages mentioned in this section shall be sued for before any court proper to try the same, in either of the counties of Middlesex or Essex. But unless the city government shall assume the care and obligations aforesaid, the said corporation, before commencing the building of said bridge, shall furnish adequate security, to the satisfaction of the said city government, for the due performance of the obligations and duties imposed on said corporation by the provisions of this act. may have a trial SECT. 4. Be it further enacted, that any person or corporation, Committee may be appointed to whose lands may be taken for the purpose and in the manner men- estimate damtioned in the second section of this act, may apply, if within one ages. year from the time any such damage may have happened, to the court of common pleas in the county of Suffolk, for a committee to be appointed to estimate the damage; and, upon such application, the court, after thirty days' notice to said corporation to appear and show cause why such committee should not be appointed, shall, if no good cause be shown to the contrary, appoint three or five disinterested freeholders within the county, at the expense of said corporation, which committee being first duly sworn before some justice of the peace, to be nominated by said court, and giving due notice to both parties to appear (if they see fit) for a hearing before them, shall proceed to the duties of their appointment; and they shall first inquire whether any damage has been sustained from the causes aforesaid, and, if any, shall estimate the same, and shall make return of their doings as soon as may be, into said court, and, upon acceptance of said report, judgment may be given thereon, with reasonable costs to the party prevailing: provided, however, that either party, after Either party the return of said report, may claim a trial by jury, and the court by jury. thereupon shall stay judgment on said report, and a trial shall be had by jury at the bar of said court, and if the party applying for a jury shall not obtain (in case it be the original applicant), an increase of damages, or, in case it be the original respondent, a decrease of the damages awarded by the committee, such party shall pay reasonable costs of such trial by jury, otherwise shall recover reasonable costs, and upon any judgment rendered upon the report of such committee, or the verdict of such jury, the court may issue execution accordingly, and the same, when it shall be against said corporation, unless satisfied and paid, within thirty days from the rendition of such judgment, may be served and levied upon the goods or estate of any individual member of said corporation, and an action of delt may be maintained on such judgment; and if, upon notice to said corporation, as aforesaid, to show cause why such committee should not be appointed, said corporation shall appear and deny the applicant's title to the land taken, or claim a right to do what is complained of without payment of damages, or for an agreed composition, the court shall first order a trial of the issue at the bar of said court, or, if there be an issue in law, shall try it themselves; and, in either case, Appeal to either party may appeal to the supreme judicial court, as in other supreme judicial cases, and a certificate of the determination of the supreme judicial court on such appeal in favor of the original applicant, shall be court. City of Boston may build said bridge. Repeal of St. 1825, c. 115. filed in said court of common pleas before such committee shall be appointed SECT. 5. Be it further enacted, that, if the city government of Boston shall, within three months from the passing of this act, determine, by a concurrent vote of both branches of the said city government, to erect said bridge, they shall be at liberty so to do, on the same terms and conditions as said Boston Free Bridge Corporation are otherwise, by the provisions of this act, authorized to erect the same. SECT. 6. Be it further enacted, that an act passed on the twentyfifth day of February in the year of our Lord one thousand eight hundred and twenty-five, entitled "an act establishing a free bridge in the city of Boston," be, and the same is, hereby repealed. [1830, 121; 1831, 46; 1855, 406; 1869, 194.] March 4, 1826. City of Boston may erect a house for the reformation of juvenile offend ers. 1825. - CHAPTER 182. AN ACT CONCERNING JUVENILE OFFENDERS IN THE CITY OF BOSTON. SECTION 1. That the city council of the city of Boston be, and hereby are, authorized to erect a building in said city, for the recep tion, instruction, employment, and reformation. of such juvenile offenders as are hereinafter named; or to use, for these purposes, 1.O. c. 33, § 2; the house of industry, or correction, at South Boston, or any other house or building belonging to said city, that the city council may appropriate to these uses. c. 53. Directors for the reformation of ers and their powers. 1857, 35. P.S. 220, § 20. SECT. 2. Be it further enacted, that the directors of the said house juvenile offend of industry, or such other persons as said city council shall appoint as directors of said house, for the employment and reformation of juvenile offenders,, shall have power, at their discretion, to receive and take into said house all such children who shall be convicted of criminal offences, or taken up and committed under and by virtue of an act of this commonwealth, "for suppressing and punishing of rogues, vagabonds, common beggars, and other idle, disorderly, and lewd persons," and who may, in the judgment of any justice of the supreme judicial court, sitting within and for the county of Suffolk, or of the judge of the municipal court of the city of Boston, or of any justice of the police court, within and for the city of Boston, be proper objects therefor; and upon the conviction or commitment [as], aforesaid, of any child, in the judgment of such judge or justice, a proper object for the said house of employment and reformation, the said judge or justice, previously to declaring the sentence of the law on such child, shall cause notice to be given to the directors of the said house; and in case the said directors shall declare their assent to the admission of such child into said house, the said judge or justice shall sentence him or her to be committed to said house of employment and reformation, subject to the control of the directors thereof, in conformity with the provisions of this act. Courts may sen tence children to house of refor. mation. SECT. 3. Be it further enacted, that any justice or judge of either of the said courts respectively, on the application of the mayor, or of any alderman of the city of Boston, or of any director of the house of industry, or house of reformation, or of any overseer of the poor of said city, shall have power to sentence to said house of employment and reformation all children who live an idle or dissolute life, whose parents are dead, or, if living, from drunkenness or other vices, neglect to provide any suitable employment, or exercise any salutary control over said children. And the persons thus committed shall be kept, governed, and disposed of as hereinafter provided, the inales till they are of the age of twenty-one years, and the females of eighteen years. place children at SECT. 4. Be it further enacted, that the directors of said house of Directors may industry, or such other persons as said city council shall appoint service. directors of the institution, authorized by this act, may receive the persons, sentenced and committed as aforesaid, into said institution, and they shall have power to place the persons committed to their care, the males until they arrive at the age of twenty-one years, and the females until they arrive at the age of eighteen years, at such employments, and to cause them to be instructed in such branches of useful knowledge as shall be suitable to their years and capacity; and they shall have power to bind out said minors as apprentices or servants, until they arrive at the ages aforesaid, to such persons, and at such places, to learn such arts, trades, and employments, as in their judgment will be most for reformation, amendment, and future benefit and advantage, of such minors. And the provisions of an act entitled "an act providing for the relief and support, employment, and removal, of the poor, and for repealing all former laws made for these purposes," passed the twenty-sixth day of February, in the year of our Lord one thousand seven hundred and ninety-four, contained in the fourth, fifth, and sixth sections thereof, so far as they relate to binding out children as servants or apprentices, are adopted as a part of this act; and the directors specified in this act shall have all the powers and be subject to all the duties of the overseers of the poor, as set forth in the sections aforesaid of the act aforesaid; and the master or mistress, servant and apprentice, bound out as aforesaid, shall have all the rights and privileges, and be subject to all the duties, set forth in the sections aforesaid of the act aforesaid. discharged. SECT. 5. Be it further enacted, that whenever said directors, over- Minors may be seers, or managers, shall deem it expedient to discharge any minor, committed to their charge as aforesaid, and not bound out as a servant or apprentice, and shall recommend the same in writing to the court by whom such minor was committed, said court shall have power to discharge him or her from the imprisonment or custody aforesaid. transfer chil. SECT. 6. Be it further enacted, that the said judge, or either of the Courts may said justices, on the application of either of the persons mentioned dren committed in the third section of this act, shall have power to order the transfer to the common gaol. of any child committed to the common gaol, or the house of correction. and inmates of the same, at the time of passing this act, to the said house for the employment and reformation of juvenile offenders, to be received, kept, or bound out by the directors thereof in conformity with the provisions of this act. lish more than SECT. 7. Be it further enacted, that it shall be lawful for the said City may estab city council, at their discretion, to establish within said city two or one house of more houses of correction, to be houses of correction for the county correction. of Suffolk; and it shall be lawful for the mayor and aldermen of said city to transfer persons held under sentence in either of said houses, to any other of said houses, wheu, in their opinion, the health, moral improvement, or beneficial employment, of such persons will be promoted thereby. March 4, 1826. |