AN ACT AUTHORIZING THE BOSTON AND ROXBURY MILL CORPORATION Be it enacted, etc.: to the line estab1840, c. 35, and The Boston and Roxbury Mill Corporation, proprietors of a wharf To be extended in the westerly part of the city of Boston, lying at the westerly lished by St. end of Beacon street, and on the northerly side of said street St. 1841, c. 60. and the western avenue, so called, and extending to, and bounding northerly on, the land now or formerly belonging to Jarvis Braman, are hereby authorized to extend and maintain their said wharf into the harbor channel as far as the line established by an act entitled “an act concerning the harbor of Boston," passed on the seventeenth day of March, in the year one thousand eight hundred and forty, and by an act entitled "an act in addition to an act conconcerning the harbor of Boston," passed on the sixth day of March, in the year one thousand eight hundred and forty-one; and shall have the right and privilege of laying vessels at the end of said wharf, when extended, and of receiving dockage and wharfage therefor: provided, that so much of said wharf as shall be erected, under this Proviso. act, north of a line drawn parallel to the north wall of said avenue, and two hundred feet distant therefrom, shall be built on piles; and that no building shall be placed on said wharf south of a line drawn parallel to the line of the north wall of said avenue, and twenty feet distant therefrom, and that this grant shall in no wise interfere with the legal rights of any person or persons whatever: and provided, also, that the authorities of the city of Boston shall have the right to extend Byron street, so called, to the channel over the land so made, Extension of and to lay, continue, and maintain, all necessary drains under the Byron street. same. March 6, 1844. 1845. CHAPTER 236. AN ACT CONCERNING STREETS AND WAYS IN THE CITY OF BOSTON. Be it enacted, etc.: vate property, to public use, SECTION 1. When any street or way, which now is, or hereafter Streets and shall be, opened in the city of Boston, over any private land, by the ways, being pri owners thereof, and dedicated to, or permitted to be used by, the but thrown open public, before such street shall have been accepted and laid out must be graded according to law, it shall be the duty of the owners of the lots abutting by abutters, etc. 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 neglect, by may. ters, etc. of the mayor and aldermen of said city, require; and if the owners and, in case of of such abutting lots shall, after reasonable notice given by the said of, etc., at exmayor and aldermen, neglect or refuse to grade such street or way in pense of abut manner aforesaid, it shall be lawful for the said mayor and aldermen 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 and aldermen, in such proportions as they shall judge reasonable; and all assessments so made shall be a lien upon such abutting lands, in like manner as taxes are now a lien upon real estate: provided, always, that Proviso. nothing contained in this act shall be construed to affect any agrecments heretofore made respecting any such streets or ways as aforesaid, between such owners and said city: provided, also, that any such grading of any strect or way by the mayor and aldermen as No streets, etc., to be less than aforesaid, shall not be construed to be an acceptance of such street or way by the city of Boston. SECT. 2. No street or way shall hereafter be opened as aforesaid thirty feet wide, in said city, of a less width than thirty feet, except with the consent of said mayor and aldermen, in writing, first had and obtained for that purpose. except, etc. When to take effect. SECT. 3. This act shall take effect in thirty days from the passing thereof, unless the city council of said city shall, within that time, vote not to accept the same.' March 26, 1845. Ratification of acts done during absence of the mayor in 1845 and 1846. When to take effect. City may obtain water from Long pond, etc., in Natick, etc. May take and 1846. CHAPTER 50. AN ACT CONCERNING THE CITY OF BOSTON. Be it enacted, etc.: SECTION 1. All and singular the acts and doings of the board of aldermen of the city of Boston, or of the chairman thereof, during the year one thousand eight hundred and forty-five, and one thousand eight hundred and forty-six, purporting to have been official acts and doings on behalf of said city, in the absence of the mayor thereof, and which might have been legally done and performed by said mayor alone, or by said mayor and aldermen together, whether in relation to any deeds, leases, agreements, indentures, or assurances, drafts on the city treasury, or any other matter or thing within the official powers and duties of the said mayor alone, or said mayor and aldermen together; and whether by concurrent vote with the common council or otherwise, shall be deemed to have, and shall have, the same force and effect, to all intents and purposes, as if said acts and doings had been done and performed by said mayor alone, or by said mayor and aldermen together. SECT. 2. This act shall take effect from and after its passage. 1846. CHAPTER 167. February 19, 1846. AN ACT FOR SUPPLYING THE CITY OF BOSTON WITH PURE WATER. Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized, by and through the agency of three commissioners. to be appointed in the manner hereinafter provided, to take, hold, and convey to, into and through the said city, the water of Long Pond, so called, in the towns of Natick, Wayland, and Framingham, and the waters which may flow into and from the same, and any other ponds and streams within the distance of four miles from said Long Pond, and any water-rights connected therewith; and may also take and hold, by purchase or otherwise, any lands or real estate necessary for laying and maintaining aqueducts for conducting, discharging, disposing of, and distributing, water, and for forming reservoirs; and may also take and hold any land on and around the margin of said Long Pond, not exceeding five rods in width, measuring from the verge of said pond, when the same shall be raised to a level of eight feet above the floor of the flume at the outlet thereof, and on and around the said other ponds and streams, so far as may be necessary for the preservation and purity of the same, for the purpose of furnishing supply of pure water for the said city of Boston. The city of Boston shall, 1 This act took effect as hercin provided, the city council having taken no action under this section. within sixty days from the time they shall take any lands, or ponds, or The city to file a streams of water, for the purposes of this act, file. in the office of the description of lands, ponds, or registry of deeds, for the county where they are situate, a description streams, taken. of the lands, ponds, or streams of water, so taken, as certain as is re- 120 Mase. 352. quired in a common conveyance of lands, and a statement of the 126 Mass. 422. purpose for which taken, which said description and statement shall be signed by the said mayor. 100 Mass. 350. aqueducts, cross and dig up SECT. 2. The said city may, by and through the same agency, May construct make and build one or more permanent aqueducts, from any of the dams, and reser aforesaid water-sources, to, into, and through, the said city, and secure voirs, etc., and and maintain the same by any works suitable therefor; may connect highways, etc. the said water sources with each other; may erect and maintain dams to raise and retain the waters therein; may make and maintain reservoirs within and without the said city; may make and establish such public hydrants, in such places as may, from time to time, be deemed proper, and prescribe the purposes for which they may be used, and may change or discontinue the same; may distribute the water throughout the city, and, for this purpose, may lay down pipes to any house or building in said city, the owner or owners thereof having notice and not objecting thereto; may regulate the use of the said water within and without the said city, and establish the prices or rents to be paid therefor. And the said city may, for the purposes aforesaid, carry and conduct any aqueducts, or other works, by them to be made and constructed, over or under any water-course, or any street, turnpike-road, railroad, highway, or other way, in such manner as not to obstruct or impede travel thereon; and may enter upon and dig up any such road, street, or way, for the purpose of laying down pipes beneath the surface thereof, and for maintaining and repairing the same; and, in general, may do any other acts and things necessary, or convenient and proper, for the purposes of this act. duties, etc., of SECT. 3. Three commissioners shall be appointed by the city Appointment, council, who shall, during their continuance in office, execute and per- commissioners. form, and superintend and direct, the execution and performance of all the works, matters, and things, mentioned in the preceding sections, which are not otherwise specially provided for in this act; they shall be subject to such ordinances, rules, and regulations, in the execution of their said trust, as the city council may, from time to time, ordain and establish, not inconsistent with the provisions of this act and the laws of this commonwealth; they shall respectively hold their said offices for the term of three years next after their said appointment, unless the aqueducts and works aforesaid shall be sooner completed; but they, or either of them, after having had an opportunity to be heard in his or their defence, may be removed at any time, by a concurrent vote of two-thirds of each branch of the city council; and in case of a vacancy in the board of commissioners, by death, resignation, or removal, such vacancy shall be filled by the appointment of another commissioner, in manner aforesaid, who shall hold his said office for the residue of the said term of three years, with all the powers and subject to all the restrictions aforesaid. A major part of said commissioners shall be a quorum for the exercise of the powers and the performance of the duties of the said office; they shall, once in every six months, and whenever required by the city council, make and present in writing, a particular report and statement of all their acts and proceedings, and of the condition and progress of the works aforesaid. SECT. 4. Before the appointment of the commissioners aforesaid, Compensa:lon the city council shall establish and fix the salaries, or compensation, to be paid to the commissioners for their services; and the said salaries of the said commissioners, so established and fixed as afore Power to be exercised by the city, after the sioners has ceased. said, shall not be reduced during their continuance, respectively, in said office. SECT. 5. Whenever the said office of commissioners shall cease. either by the expiration of the said term of three years from the office of commis original appointment, or by the completion of the aqueducts and works mentioned in the preceding sections of this act, all the rights, powers, and authority, given to the city of Boston by this act, shall be exercised by the said city, subject to all the duties, liabilities, and restrictions, herein contained, in such manner. and by such agents, officers, and servants, as the city council shall, from time to time, ordain, appoint, and direct. Remedy of own ers of lands, etc., 130 Mass. 339, 133 Mass. 215, 867. Right of parties to trial, if dissatisfied with award. Time for appli. cation for damages. 134 Mass. 438. SECT. 6. The said city of Boston shall be liable to pay all damages that shall be sustained by any persons in their property, by the taking of any land, water, or water-rights, or by the constructing of any aqueducts, reservoirs, or other works, for the purposes of this act. And if the owner of any land, water, or water-rights, which shall be taken as aforesaid, or other person who shall sustain damages as aforesaid, shall not agree upon the damages to be paid therefor, he may apply, by petition, for the assessment of his damages, at any time within three years from the taking of said land, water, or waterrights, as aforesaid, and not afterwards, to the court of common pleas,' in the county in which the same are situate; such petition may be filed in the clerk's office of said court, in vacation or in term time, and the clerk shall thereupon issue a summons to the city of Bostou, returnable, if issued in vacation, to the then next term of the said court, and if in terin time, returnable on such day as the said court shall order, to appear and answer to the said petition; the said summons shall be served fourteen days, at least, before the return day thereof, by leaving a copy thereof, and of the said petition certified by the officer who shall serve the same, with the mayor or clerk of the said city; and the said court may, upon default or hearing of the said city, appoint three judicious and disinterested freeholders of this commonwealth, who shall, after reasonable notice to the parties, assess the damages, if any, which such petitioner may have sustained as aforesaid; and the award of the said freeholders, or of the major part of them, being returned into and accepted by the said court, shall be final, and judgment shall be rendered and execution issued thereof for the prevailing party, with costs, unless one of the said parties shall claim a trial by jury, as hereinafter provided. SECT. 7. If either of the parties mentioned in the preceding section shall be dissatisfied with the amount of damages awarded as therein expressed, such party may, at the term at which such award was accepted, or the next term thereafter, claim, in writing, a trial in said court, and have a jury to hear and determine, at the bar of said court, all questions of fact relating to such damages, and to assess the amount thereof; and the verdict of such jury being accepted and recorded by the said court, shall be final and conclusive, and judgment shall be rendered and execution issued thereon; and cost shall be recovered by the said parties respectively, in the same manner as is provided by law, in regard to proceeding, relating to the laying out of highways. SECT. 8. No applications shall be made to the court, for the assessment of damages for the taking of any water-rights, until the water shall be actually withdrawn or diverted by the said city under the authority of this act; and any person or corporation, whose waterrights may be thus taken and affected, may make his application aforesaid, at any time within three years from the time when the waters shall be first actually withdrawn or diverted as aforesaid. 1 Now superior court. ing interest, etc., etc. SECT. 9. For the purpose of defraying all the costs and expenses of City council such lands, estates, waters, and water-rights, as shall be taken, pur- to the amount of may issue scrip chased, or held, for the purposes mentioned in this act, and of con- $3,000,000, bearstructing all aqueducts and works necessary and proper, for the payable at dates, accomplishment of the said purposes, and all expenses incident thereto, 8, 33. the city council shall have authority to issue from time to time, notes, 1849, 187, §1. scrip, or certificates of debt, to be denominated, on the face thereof, "Boston water scrip" to an amount not exceeding, in the whole, the sum of three millions of dollars, bearing interest at a rate not exceeding the legal rate of interest in this commonwealth; and said interest shall be payable semi-annually, and the principal shall be payable at periods not more than forty years from the issuing of the said scrip, notes, or certificates, respectively. And the said city council may sell the same, or any part thereof, from time to time, at public or private sale, or pledge the same for money borrowed for the purposes aforesaid, on such terms and conditions as the said city council shall judge proper. SECT. 10. In addition to the sum of three millions of dollars men- Scrip for paytioned in the preceding section, the said city council may, whenever ment of interest and so far as may be necessary, issue and dispose of notes, scrip, or certificates of debt, in the manner prescribed in the preceding section, to meet all payments of interest which may accrue upon any scrip by them issued: provided, however, that no scrip shall be issued for the payment Proviso. of interest as aforesaid, after the expiration of two years from the completion of said aqueducts and other works; but payment of all interest that shall accrue after that time, shall be made from the net income, rents, and receipts, for the use of the water, if they shall be sufficient for that purpose; and if not, then the payment of the deficiency shall be otherwise provided for by the city council. All notes, Form of scrip. scrip, and certificates of debt, to be issued as aforesaid, shall be signed by the treasurer and auditor, and countersigned by the mayor of the said city, and a record of all such notes, scrip, and certificates, shall Records of the be made and kept by the said treasurer and auditor respectively. same. regulate the of proceeds of water rents. SECT. 11. The city council shall, from time to time, regulate the City council to price or rents for the use of the water, with the view to the payment, price of water from the net income, rents, and receipts, therefor, not only of the 1875, 80, § 1. semi-annual interest, but ultimately of the principal also, of the "Boston water scrip," so far as the same may be practicable and reasonable. And the said net surplus income, rents, and receipts, Appropriation after deducting all expenses and charges of distribution, shall be set apart as a sinking-fund, and shall be appropriated for and towards the payment of the principal and interest of the said scrip; and shall, under the management, control, and direction, of the mayor, Amended by treasurer, and auditor, of the city, or the major part of them for the 1877, 5, § 1. time being, who shall be trustees of the said fund, be applied solely to the use and purpose aforesaid, until the said scrip shall be fully paid and discharged. And the said trustees shall, whenever thereto required by the city council, render a just, true, and full, account to the said city council, of all their receipts, payments, and doings, under the provisions of this section. increase of water SECT. 12. At any time after the expiration of two years, from the Proceedings for completion of the works mentioned in the second section of this act, incre and before the reimbursement of the principal of the "Boston water 1875, 80, § 1. scrip," herein before mentioned, if the surplus income and receipts for the use of the water distributed under the provisions of this act, at the price established by the city council, after deducting all expenses and charges of distribution, shall, for any two successive years, be insufficient to pay the accruing interest on the said scrip, then the supreme judicial court, on the petition of one hundred or more |