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to be made and recorded within one year.

grade of street.

Owner or at his

cost.

taken for such widening, upon estates abutting upon said widened street, as hereinafter provided. But the determination so to widen Decision to act and lay out said street shall be made by the mayor and aldermen, and recorded within one year from the passage of this act.

Sect. 2. The said street shall be made not less than fifty fee: Width and wide, and shall be so graded that the rise or fall shall in no place exceed two feet and a half in one hundred feet of length.

Sect. 3. In making the estimate of the cost aforesaid, for which Mayor and the assessment herein provided is to be laid, the mayor and allermen estimate damsball estimate the damages sustained by any person or persons, by ages to persons. the taking of land for the said widening, including the value of the whole of the buildings on the land, any part of which shall be so taken, deducting therefrom, however, the value of the materials to be removed, and of the buildings, if any, which will remain standing; but no person shall be entitled to claim further damages for the cut- Precision to be ting off of such buildings, or injury to the same; and, in estimating Istimation of the value of the land cut off by the said widening, the land so cut off value, basis. shall be estimated at its value before the widening, and such estimate shall not include the increased value occasioned merely by the widening, laying out, and grading, of the said street. SECT. 4. The damages estimated according to the preceding sec- Payment of

damages. tion, shall be paid to the persons entitled thereto, in the same manner, and upon the same conditions, as is provided by law in other cases of land taken for widening streets in the county of Suffolk.

SECT. 5. Buildings and materials remaining upon the land, under Property.com the adjudication provided in section three, shall be taken care of by cured for by the owner thereof; and if such owner, after due notice so to do, by said mayor and aldermen, neglects or fails to take sufficient care thereof, said mayor and aldermen may take such care of the same as the public safety demands, at the expense of the owner; and if they Removal may shall adjudge a removal thereof to be necessary for the public secu- pense of owner. rity or necessity, they may remove the same at the expense of the owner, or they may sell the same, after five days' notice, at public auction, and hold the net proceeds of such sale for the benefit of the owner.

Sect. 6. The whole expense of the said widening, including the Assessment of damages mentioned in the third section of this act, and the net widening, to be expense of grading the whole widened street, after deducting the pon abutting estimated net proceeds of the earth and gravel removed, shall be assessed upon all the estates abutting upon the said widened street, 106 Mass. 89. in proportion to their value, as they shall be appraised by the mayor and aldermen, when the improvements have been made.

SECT. 7. All assessments made under this act shall constitute a Shall constitute lien on the real estate assessed, for one year after they are laid, and and may be may, together with all incidental costs and expenses, be levied by cried by sale in sale thereof, if the assessment is not paid within three months after a after demand. written demand of payment, made either upon the person assessed, or upon any person then occupying the estate, or posted upon the premises ; such sale to be conducted in like manner as sales for the non-payment of taxes. SECT. 8. Any party aggrieved by the doings of the mayor and Party aggrieved

may have jury. aldermen, under this act, shall have the like remedy by petition for a jury, and with the same limitations as to the time of bringing such petition, as in other cases of widening or altering streets in the county of Suffolk. And any person aggrieved by the estimate made by the mayor and aldermen, under the tenth section of this act, may have the same assessed by a jury in the same manner as damages for the taking of land for highways may be assessed.

Sect. 9. The city of Boston, at its own expense, shall provide a Sewer, side

estates.

,

mity surrender

bridves, city to suitable common sewer, and proper sidewalks, for the said street, provide.

pave the said street, as widened, and build the necessary bridges over

it. Estate owner Sect. 10. Any person owning any of the said estates abutting on property to city. the said line of streets mentioned in the first section, at any time be

fore the estimation of the damages, according to the third section of

this act, may, instead of the provisions in section third, elect to surMayor and alder: render all of the said estate to the city of Boston. The mayor and value, owner to aldermen of the said city shall thereupon estimate the value of the whole copery and city of the said abutting estate, with the buildings thereon, and the said

owner shall convey the same to the said city, and the said city shall Property not pay him therefor the value so estimated. And the said city shall sell used may be

at public auction all the building materials and buildings, and the
remaining portion of said estate not used in said widening and grad-

ing, and the net proceeds thereof shall be applied towards the Sum paid by expenses of said widening and grading. And the estimated value of city to be as

said estate, so paid by said city, shall be assessed upon the abutters,
as provided in the sixth section of this act, instead of the damages
estimated according to the said third section.
Sect. 11. This act shall take effect upon its passage.

April 27, 1865.

sold.

sessed upon abutters.

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missioners may

way.

AN ACT CONCERNING THE GRANITE BRIDGE CORPORATION.

Be it enacted, etc. :
County com SECTION 1. The county commissioners for the county of Norfolk
lay out, as high- may, with the assent of the Granite Bridge Corporation, lay out the

turnpike, ways, bridge, and draw, belonging to said corporation, as a
common highway, in accordance with the provisions of this act, and
have and exercise the same powers relating thereto as are now had

and exercised by them in the laying out of turnpikes as common highAllowance for

ways ; excepting that in the allowance and payment of damages damages.

under the provisions of the fifteenth section of the sixty-second chap-
ter of the general statutes, so much of said section as requires the
towns through which said ways pass to refund the same shall not

apply.
Reconstruction SECT. 2. In case said commissioners shall proceed under section
of bridge by
commissioners. first to lay out said turnpike, bridge, and draw, as a common highway,

they shall cause said bridge to be put in substantial repair, and so
far reconstruct the same that it shall be safe and convenient for
travel, preserving in the place where now located a draw and pas-
sage-way for vessels of at least the width now required by law; and
said commissioners from the time said turnpike, bridge, and draw, are

laid out and established as a common highway until they shall have Bhall provide given the notice hereinafter provided, shall provide draw-tenders untii completed. for said draw, and other necessary agents, and be subject to the

duties and liabilities imposed on said corporation by the third section

of chapter one hundred and fifty-four of the acts of the year eighteen Expense, how hundred and thirty-seven; and the expenses and liabilities incurred paid.

under this section shall be paid from the county treasury. Upon notice of

SECT. 3. Upon due notice given by said commissioners to the
completion,
19 was to be lia: clerk of the towns in which said bridge lies, that said bridge has been
maintenance.

reconstructed and is in substantial repair, so that the same is safe
and convenient for travel, such towns shall each thenceforth be
responsible for the care, maintenance, and repair, of the portion of
said bridge lying on its own side of the same and extending to the
centre of the draw, and they shall, at their joint expense, provide

draw-tenders

ble for care and

tious.

draw-tenders for said draw, and other necessary agents; and said Dreawatenders towns shall be jointly liable to raise the draw and afford all necessary provided at joint and proper accommodation to vessels having occasion to pass the "spense. same by day or night, and shall keep a sufficient light for vessels at said draw; and if any vessels shall be unreasonably delayed or Accommodahindered in passing said draw by the negligence of said towns or their agents in discharging the duties enjoined by this act, the owners or masters of such vessels may receive reasonable damages Damases, forun therefor of said towns in an action of tort before any court proper to tention of ves. try the same. SECT. 4. This act shall take effect upon its passage.

May 4, 1865.

sels.

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AND DRAINS IN

Aldermen may

AN ACT CONCERNING SEWERS

THE CITY OF ROXBURY.
Be it enacted, etc. :
SECTION 1. The board of aldermen of the city of Roxbury may lay,

lay and maintain make, and maintain, in said city, all such main drains and common as council shall sewers as the city council shall adjudge to be necessary for the adjudge. public convenience or the public health, and may repair the same from time to time whenever it is necessary; and said city and the citizens thereof shall have the same rights, and be subject to the same liabilities, as if the same had been laid, made, or maintained, under the provisions of chapter forty-eight of the general statutes, except as hereinafter provided.

SECT. 2. When land is taken by virtue of the preceding section, Proceedings for the city council shall proceed in the manner required by law in taking land for public highways or streets; and persons suffering damage in Private damage, their property shall have the rights and remedies for the ascertainment and the recovery of the amount of such damage provided by law for the ascertainment and recovery of damages for land taken in said city of Roxbury for public highways or streets. Sect. 3. This act shall take effect upon its passage.

February 16, 1866. [1866, 69.]

assessment, and recovery

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Water-Power
Co., made Dec.

AN ACT TO CONFIRM AN INDENTURE CONCERNING LANDS AND DRAIN

AGE IN THE BACK BAY.' Be it enacted, etc. :

SECTION 1. An indenture tripartite, between the commonwealth, Indenture of the Boston Water-Power Company, and the city of Boston, made and Borton, and concluded on the thirty-first day of December, in the year of our Lord eighteen hundred and sixty-four, and approved by the governor 1864, confirmed. and council, relating to the laying out of lands and the drainage thereof, in the Back Bay, is hereby confirmed ; and the commissioners Commissioners on public lands are authorized to make such alterations in the laying may change out of lands and streets as may conform thereto: provided, that no change shall be made by said commissioners in the width of any street Proviso. on which land has been sold by the commonwealth, without the consent of the parties to whom such land has been sold, or by whom may be owned at the time such change is made.

lines of lands and street.

1 See Back Bay Agreements, p. 78.

Dartmouth street widened

SECT. 2. The street formerly called Dedham street, now called between certain Dartmouth street, is hereby widened forty feet on its westerly side points.

from the point where it connects with Huntington avenue to Beacon
street, so that the same shall be one hundred feet in width between
the points above named.
SECT. 3. This act shall take effect upon its passage.

March 9, 1866.

1866. — CHAPTER 69.

AN ACT TO AUTHORIZE THE CITY OF ROXBURY TO DIVERT THE WATERS

OF SMELT BROOK.
Be it enacted, etc. :
May divert for

SECTION 1. The city of Roxbury, for the purpose of sewerage, Bewerage at any point within may divert the water of Smelt brook, or any portion thereof, from city limits.

its present course, at any convenient point within the territorial limits of said city, and conduct the same into the common sewers of said city, as now existing or hereafter to be constructed, or may provide a new channel, culvert, or outlet, therefor to tide-water, and to these ends shall have all the rights, and be subject to all the liabilities provided for in an act concerning sewers and drains in the city of Roxbury, passed in the year one thousand eight hundred and sixty

six. May authorize

SECT. 2. The city of Roxbury may authorize such diversion to

be made, under its supervision and control, by any person or perdiversion.

sons, corporation or corporations, willing to undertake the same, and
to assume and defray the entire cost and expense thereof, and to
indemnify said city therefrom, upon such terms and conditions as
said city shall deem expedient.
SECT. 3. This act shall take effect upon its passage.

March 9, 1866. [1866, 36.]

person or corporation to make

1866. — CHAPTER 167.

wharf.

to

AN ACT TO AUTHORIZE THE CITY OF BOSTON TO BUILD A SEA-WALL IN

BOSTON HARBOR, NEAR THE FOOT OF POPLAR STREET.

Be it enacted, etc. :
May build from
Taylor's wharf,

SECTION 1. The city of Boston is hereby authorized to build a vizi Poplar street sea-wall in Charles river, in the harbor of Boston, commencing the dock, to Vinal's

said wall at the north-westerly corner of Taylor's wharf, and extending the same across the end of the dock known as the Poplar street

dock, to the south-westerly corner of Vinal's wharf, a distauce of llarbor commis- about seventy-three feet: provided, that the said wall shall be erected

under the direction of the harbor commissioners, and shall not be

built outside of the commissioners' line established by law; and Rights of Bocah remedy is provided, further, that if the building of said wall shallo in anywise impaired. impair the legal rights of any person, such person suffering damage

thereby shall have the rights and remedies for the ascertainment
and recovery of the amount of such damage provided by law for the
ascertainment and recovery of damages for land taken in said city
of Boston for public bighways or streets.
SECT. 2. This act shall take effect upon its passage.

April 16, 1866.

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AN

ACT TO

AUTHORIZE

A

BRIDGE

THE CITY OF BOSTON TO BUILD

ACROSS FORT POINT CHANNEL.' Be it enacted, etc. :

The city of Boston is hereby authorized to build a bridge across Fort May build at Point channel, at the place where Broadway, if continued in a straight and may drive line, or nearly a straight line, from South Boston to Boston proper, piles in channel. would cross said channel, and for that purpose may drive piles in said channel, necessary therefor, and also for such draw-piers as may be deemed expedient and proper for the public welfare and its own convenience; and said bridge, so constructed, shall be provided Shall provide with good and suitable draws, which said city shall open and and attend same. close at all times for the accommodation of vessels having occasion to pass the same; and the lines of the piles of the structure shall be Pile lines. driven in the direction of the current: provided, however, that this Proviso: harbor structure shall be erected under the direction and supervision of the to direct structboard of harbor commissioners, and in such manner as in the opinion ure as recomof said commissioners shall be in accordance with the mode of con- United States struction described and recommended in the seventh report of the United States commissioners on Boston harbor, made to the city of Boston in the year eighteen hundred and sixty-four.

April 25, 1866.

commissioners.

1866. -- CHAPTER 212.

AN

ACT TO AUTHORIZE THE CITY OF CHARLESTOWN TO FURNISH THE

TOWNS OF SOMERVILLE AND MALDEN WITH WATER.

Be it enacted, etc. :

SECTION 1. The city of Charlestown is hereby authorized to Mag erect and supply the towns of Somerville and Malden with water for the ex- uires and ex tinguishment of fires and for other uses, and for this purpose may through towns erect and maintain such structures as may be requisite and necessary as may be therefor, and may extend their aqueduct into and through said towns

agreed. of Somerville and Malden, upon such terms and conditions as may be agreed upon between said city and said towns.

Sect. 2. The towns of Somerville and Malden are hereby au- Towns may thorized to purchase a supply of water from said city of Charlestown,

purchase water.

1861, 105, $ 16. agreeably to the provisions aforesaid, upon such terms as may be agreed upon between said city and said towns.

Sect. 3. The work of laying pipes and any other structures nec- Structure across essary to carry water from said city of Charlestown across the Mystic be directed by river over the Malden bridge or otherwise, shall be under the direction barbor commis. of the harbor commissioners. SECT. 4. This act shall take effect upon its passage.

May 3, 1866.

.

1866. ~ CHAPTER 247.

AN ACT TO AUTHORIZE THE ERECTION OF A SEA-WALL, AND THE FILL

ING OF CERTAIN FLATS IN CHARLES RIVER, TO ABATE A NUISANCE. Be it enacted, etc. :

Section 1. The city of Boston is hereby authorized and em- City of Boston powered to build a sea-wall in the Charles river on or within the may build on following described lines : beginning at the point of intersection of

1 Now called Broadway bridge. Broadway was extended from Federal street to Albany street under a resolve and order passed by the city council May 3, 1869. See City Doc. 31, of 1869.

lines defined.

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