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 recorded within one year from the passage of this act. to be made and one year. grade of street. SECT. 2. The said street shall be made not less than fifty feet 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. aldermen to 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 aldermen estimate damshall 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- Decision to be ting off of such buildings, or injury to the same; and, in estimating Estimation 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. final. damages. maining to be owner or at his SECT. 4. The damages estimated according to the preceding sec- Payment of 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 rethe adjudication provided in section three, shall be taken care of by cared for by the owner thereof; and if such owner, after due notice so to do, by cost. 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. be made at ex expenditure for estates. 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 upon 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. lien for one year, three months 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 levied 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 walks, and provide. bridges, city to suitable common sewer, and proper sidewalks, for the said street, pave the said street, as widened, and build the necessary bridges over it. Estate owner may surrender Mayor and alder value, owner to convey and city men to estimate to pay. 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 before the estimation of the damages, according to the third section of this act, may, instead of the provisions in section third, elect to surrender all of the said estate to the city of Boston. The mayor and aldermen of the said city shall thereupon estimate the value of the whole 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 pay him therefor the value so estimated. And the said city shall sell at public auction all the building materials and buildings, and the remaining portion of said estate not used in said widening and grading, and the net proceeds thereof shall be applied towards the expenses of said widening and grading. And the estimated value of 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. Property not used may be sold. Sum paid by city to be as sessed upon abutters. SECT. 11. This act shall take effect upon its passage. April 27, 1865. County com missioners may way. 1865. - CHAPTER 192. AN ACT CONCERNING THE GRANITE BRIDGE CORPORATION. Be it enacted, etc.: 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 highways; excepting that in the allowance and payment of damages under the provisions of the fifteenth section of the sixty-second chapter 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. Allowance for damages. Reconstruction of bridge by SECT. 2. In case said commissioners shall proceed under section 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 passage-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 Shall provide given the notice hereinafter provided, shall provide draw-tenders draw-tenders until 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 hundred and thirty-seven; and the expenses and liabilities incurred under this section shall be paid from the county treasury. Expense, how paid. Upon notice of completion, ble for care and maintenance. SECT. 3. Upon due notice given by said commissioners to the towns to be lia clerk of the towns in which said bridge lies, that said bridge has been 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 and agents to be expense. draw-tenders for said draw, and other necessary agents; and said Draw-tenders 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 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 Accommoda. hindered 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 Damages for untherefor 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. tions. reasonable de sels. May 4, 1865. 1866. CHAPTER 36. AN ACT CONCERNING SEWERS AND DRAINS IN THE CITY OF ROXBURY. lay and maintain SECTION 1. The board of aldermen of the city of Roxbury may lay, Aldermen may 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. taking land. assessment, and 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 ascertain- recovery. ment 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. [1866, 69.] February 16, 1866. 1866. CHAPTER 68. AN ACT TO CONFIRM AN INDENTURE CONCERNING LANDS AND DRAIN- Be it enacted, etc.: SECTION 1. An indenture tripartite, between the commonwealth, Indenture of State, city of the Boston Water-Power Company, and the city of Boston, made and Boston, and Water-Power concluded on the thirty-first day of December, in the year of our Co., made Dec. 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 and street. 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 it may be owned at the time such change is made. 1 See Back Bay Agreements, p. 78. on public lands lines of lands Dartmouth street widened points. SECT. 2. The street formerly called Dedham street, now called between certain Dartmouth street, is hereby widened forty feet on its westerly side 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. May divert for sewerage at any point within city limits. May authorize person or corporation to make diversion. AN ACT TO AUTHORIZE THE CITY OF ROXBURY TO DIVERT THE WATERS Be it enacted, etc.: SECTION 1. The city of Roxbury, for the purpose of sewerage, may divert the water of Smelt brook, or any portion thereof, from 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 sixtysix. SECT. 2. The city of Roxbury may authorize such diversion to be made, under its supervision and control, by any person or persons, 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. [1866, 36.] March 9, 1866. May build from dock, to Vinal's wharf. AN ACT TO AUTHORIZE THE CITY OF BOSTON TO BUILD A SEA-WALL IN Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized to build a via Poplar street sea-wall in Charles river, in the harbor of Boston, commencing the 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 distance of Harbor commis- about seventy-three feet: provided, that the said wall shall be erected sioners to direct. under the direction of the harbor commissioners, and shall not be built outside of the commissioners' line established by law; and Bons; remedy if provided, further, that if the building of said wall shall in anywise Rights of per 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 highways or streets. SECT. 2. This act shall take effect upon its passage. April 16, 1866. point defined 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 draws in bridge commissioners mended by 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. 1866. CHAPTER 212. April 25, 1866. AN ACT TO AUTHORIZE THE CITY OF CHARLESTOWN TO FURNISH THE Be it enacted, etc.: commissioners. maintain struct through towns SECTION 1. The city of Charlestown is hereby authorized to May erect and supply the towns of Somerville and Malden with water for the ex-ures and extinguishment of fires and for other uses, and for this purpose may tend works 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 of Somerville and Malden, upon such terms and conditions as may be agreed upon between said city and said towns. agreed. Towns may purchase water. SECT. 2. The towns of Somerville and Malden are hereby authorized to purchase a supply of water from said city of Charlestown, 1961, 105, § 16. agreeably to the provisions aforesaid, upon such terms as may be agreed upon between said city and said towns. Mystic river to 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 harbor commisof the harbor commissioners. SECT. 4. This act shall take effect upon its passage. sioners. May 3, 1866. 1866. CHAPTER 247. AN ACT TO AUTHORIZE THE ERECTION OF A SEA-WALL, AND THE FILLING 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. |