provided, that this act shall in no wise impair the legal rights of any person." South bay to be with solid filling and pilebridge. maintain rail SECT. 3. So much of the street across South bay, mentioned in Street across the act described in the preceding section, shall be constructed with constructed solid filling, and so much thereof shall be a pile bridge as the harbor commissioners shall direct. SECT. 4. The city of Boston is hereby authorized to locate, con- Boston may struct, and maintain, a railroad track or tracks from some convenient road for conpoint on any railroad near the street herein before mentioned, near street. where the street herein before mentioned crosses said railroad, and may extend said track or tracks in an easterly direction or westerly direction; said railroad tracks to be used only for the construction of said street. struction of private prop P.S. 49. SECT. 5. All damages occasioned to private property by laying Damages to out and constructing said street, shall be ascertained and compensated erty. in the manner provided in chapter forty-three of the general statutes, for the laying out of highways. SECT. 6. This act shall take effect upon its passage. [1869, 78; 1874, 114.] June 22, 1869. 1869. CHAPTER 448. AN ACT IN RELATION TO LAYING OUT STREETS IN THE THIRTEENTH, Be it enacted, etc.: streets, etc., in formerly city of SECTION 1. The board of aldermen of the city of Boston, with City council the concurrence of the common council of said city, may lay out may lay out such public highways and streets in the thirteenth, fourteenth, and territory fifteenth, wards of said city, being the territory formerly constituting Roxbury, and the city of Roxbury, as they in their judgment shall deem to be for pay for land the common benefit of the inhabitants of said city, and pay for the land so taken; which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient so to do. SECT. 2. This act shall take effect upon its passage. [1870, 337; 1872, 242.] June 22, 1869. taken. AN ACT IN RELATION TO LAYING OUT STREETS IN THE TWELFTH AND Be it enacted, etc.: territory for land taken. SECTION 1. The board of aldermen' of the city of Boston, with City council may lay out the concurrence of the city council of said city, may lay out such streets, etc., in public highways and streets in the sixteenth ward of said city, being merly Dorches the territory formerly constituting the town of Dorchester, as they in ter, and pay for their judgment shall deem to be for the common benefit of the inhabitants of said city, and pay for the land so taken; which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient so to do. SECT. 2. The board of aldermen of said city of Boston, may in May lay out 1 Street commissioners. See St. 1870, c. 337. streets, etc., in twelfth ward and South bay. like manner, with the concurrence of the city council, lay out such public highways and streets in the twelfth ward in said city and the territory known as South bay, as they in their judgment shall deem to be for the common benefit of the inhabitants of said city, and pay for the land so taken, which highways and streets said city of Boston shall not be obliged to complete sooner than the board of aldermen may deem it expedient to do so. SECT. 3. This act shall take effect upon its passage. [1872, 242.] March 17, 1870. Charlestown may lay additional line of mains from Somerville. AN ACT FOR SUPPLYING THE CITY OF CHARLESTOWN WITH PURE WATER. SECTION 1. The city of Charlestown is hereby authorized to locate and lay a second line of force and supply mains or aqueducts water works in from the engine-house of the Charlestown water works in Somerville, to the city of Charlestown, and enlarge its present engine-house, or make such additions thereto as may hereafter in the opinion of said city become necessary, and to take and to hold by purchase or otherwise, any land, real estate, or water rights, necessary for erecting, laying, and maintaining, the same. And for the purposes aforesaid, said city may carry and conduct any aqueduct or other works by it to be made and constructed, over or under any water-course, or any street, turnpike, road, highway or other way, in such manner as not to obstruct or impede travel thereon, or the free flow of water therein, and may enter upon and dig up any such land, street, or way, as may be necessary for the purpose of laying down such aqueducts or other works, and for maintaining or repairing the same. Mystic water board to have all the rights, etc., nosed in 1861, 105, § 3. Liability of city of Charlestown for damages. "Water bonds of the city of Charlestown," not exceeding $300,000, may be issued to de fray expenses. SECT. 2. The Mystic water board of said city shall have, exercise, and are hereby vested with, all the rights, privileges, and authority, and be subject to all the provisions and restrictions, as the commissioners named in section three of chapter one hundred and five of the acts of the year eighteen hundred and sixty-one. SECT. 3. The said city 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 or other works, for the purposes of this act; and any owner or party who shall sustain damages by the doings of said city under this act, shall have the like remedy, and like proceedings shall be had, whether by the party sustaining damages as aforesaid, or by the said city of Charlestown, as is provided in said chapter one hundred and five of the acts of the year eighteen hundred and sixty-one. SECT. 4. For the purpose of defraying the costs and expenses incurred by said city in the extension of the water works, the city council of said city of Charlestown is hereby authorized to issue from time to time, scrip, notes, or certificates of debt, to be denominated on the face thereof, "Water bonds of the city of Charlestown," to an amount not exceeding three hundred thousand dollars, bearing interest at a rate not exceeding the legal rate of interest in this commonwealth, which shall be redeemable at a period of time not less than ten nor more than thirty years from and after the issue thereof. And 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 said city council shall adjudge proper. erected along SECT. 5. The said city of Charlestown shall erect proper hydrants Hydrants to be in number equal to one for every five hundred feet of such new the line of new aqueduct, and in any event to the number of twenty in the town of aqueduct. Somerville, along the line of said new aqueduct or elsewhere in the pipes connecting therewith, as the water committee of the town of Somerville and the select men of the town of Medford shall direct; and said towns of Somerville and Medford shall at all times maintain said hydrants, and draw water therefrom, without charge therefor, for the extinguishment of fires, under such regulations as the city of Charlestown may from time to time establish under authority of this act. And for this purpose there shall be allowed to said town of Somerville by the said city of Charlestown, in the settlement for water for hydrants under the contract now existing between said city of Charlestown and town of Somerville, the sum of twenty-eight dollars for each hydrant thus erected in said town. 1861, 105, § 12, SECT. 6. The provisions of section twelve of chapter one hundred Provisions of and five of the acts of the year eighteen hundred and sixty-one, and and by-laws, made appliany by-laws or ordinances passed by said city in pursuance thereof, cable to the are hereby extended and made applicable to any and all the addi- additional tional works constructed under the provisions of this act. SECT. 7. This act shall take effect upon its passage. May 5, 1870. [1861, 105; 1864, 176; 1865, 135; 1866, 212; 1871, 159; 1872, 85.] works. BOSTON AND THE TOWN OF WEST ROXBURY TO IMPROVE STONY Be it enacted, etc.: Duties may be SECTION 1. The city of Boston and the town of West Roxbury, performed by or either of them, may authorize a committee or board of com- commissioners. missioners to exercise any or all of the powers granted to said city and town respectively by an act entitled "an act to authorize the city of Boston and town of West Roxbury to improve Stony brook and its tributaries," the same being chapter two hundred and twentythree of the acts of the year eighteen hundred and sixty-eight, and to perform any or all the duties therein imposed upon the mayor and aldermen of said city and the selectmen of said town, respectively; and in such case the notices provided for in the sixth section of said act shall be given to such committee or board of commissioners; and Parties agany person aggrieved by the action of such committee or board of apply for jury. commissioners, shall have the right to apply for a jury provided for in the third and seventh sections of said act. grieved may West Roxbury concerning pay of improvement SECT. 2. The city of Boston and town of West Roxbury, or their Boston and respective committees or boards of commissioners, in their behalf, may contract if they shall be thereto duly authorized, shall have authority to con- with each other tract with each other for the payment by one to the other of any part ment of expense of the expense incurred by the other in the improvement of Stony of Stony brook. brook as provided for in said act, and may include the amounts so paid in the statement of the total expenses made up to determine the amount of assessments to be laid under the fourth section of said act. SECT. 3. No person, except those authorized by chapter two hun- Unauthorized dred and twenty-three of the acts of eighteen hundred and sixty-eight obstruct brook person not to of Boston and West Roxbury. Proviso. without consent and by the preceding sections of this act, shall change the present Course of Stony brook, or erect any structure in or over the same, or create any obstruction to the flow of the waters of the same without the consent of said city of Boston and town of West Roxbury first obtained provided, that upon the completion of any part of the channel for the new location of said brook, said city or town, or their respective committee or board of commissioners, may give public notice of the completion of the same, and may authorize the owners of abutting lands, so far as the same are within the respective limits of said city or town, to fill up the old channel of said brook or to erect structures in or over the same. SECT. 4. This act shall take effect upon its passage. [1868, 223; 1871, 340; 1874, 196.] May 6, 1870. Draw to be made thirty-six feet in width. Commissioner to have charge of draw. 1870. CHAPTER 300. AN ACT IN RELATION TO PRISON POINT BRIDGE. Be it enacted, etc.: SECTION 1. The cities of Cambridge and Charlestown shall forthwith cause to be made in lieu of the existing draw in the Prison Point bridge, over Miller's river, a draw with a clear opening of thirtyeight' feet in width. SECT. 2. For the purpose of constructing said draw, the city councils of said cities shall each in pursuance of such ordinances as R.O. c. 40, § 9. they may respectively establish, elect one commissioner, and said commissioner so chosen shall have the care and management of said draw. Expense of maintaining, by both cities. SECT. 3. The expense of constructing and maintaining said draw etc., to be borne and keeping the same in repair, and of affording all necessary and proper accommodations to vessels having occasion to pass the same by day or night, shall be borne equally by said cities; and said cities shall be jointly liable for all damages or injuries resulting from any defect in said draw or from carelessness or neglect in the management of the same. SECT. 4. This act shall take effect upon its passage. June 1, 1870. Harbor commis sioners to deter 1870. CHAPTER 302. AN ACT RELATING TO WEST BOSTON AND CRAGIE BRIDGES.2 Be it enacted, etc.: SECTION 1. The harbor commissioners shall forthwith locate and mine position of determine the position of the draws in the West Boston bridge and Cragie or Canal bridge, over Charles river, to be constructed as hereCragic bridges. inafter provided. draws in West Boston and Three commis sioners to be ap court, upon petition of mayor SECT. 2. The supreme judicial court, sitting as a full court in any pointed by county at any time after the passage of this act, shall, upon the pesupreme judicial tition of the mayor of the city of Cambridge, after such notice as the court or any justice thereof may order, appoint three discreet and competent commissioners for the purposes hereinafter named. -to be sworn, SECT. 3. Said commissioners shall be sworn to the faithful and and assess upon impartial discharge of their duties, and shall then, after due notice of Cambridge; and to apportion 1 Changed to thirty-six by St. 1870, c. 401, § 1. 2 See Statutes and Ordinances (ed. 1876), p. 78. Cambridge ex and hearing in such manner and amount as they shall deem just and Boston and equitable, apportion and assess upon the cities of Boston and Cam- pense of mainbridge the expense of maintaining and keeping in repair said bridges, taining, etc.; including the expense of opening the draws thereof and affording all necessary and proper accommodations to vessels having occasion to pass the same by day or night, and shall also at the same time appraise the fund, as it now exists, paid to the city of Cambridge under chapter two hundred and fifty-seven of the acts of the year eighteen hundred and fifty-seven, and also all funds, moneys, and properties, belonging to said bridges, and apportion to the city of Boston the same proportion thereof as Boston shall, under and by virtue of this act, have apportioned or assessed upon it of the expense of maintaining and keeping in repair said bridges. award to SECT. 4. Said commissioners shall return their award into the -to return supreme judicial court, sitting for the county of Suffolk; and when supreme judicial said award shall have been accepted by said court, the same shall be court. a final and conclusive adjudication of all matters herein referred to said commissioners, and shall be binding upon all parties; and said court may enforce the same by proper process; and the expense of executing this act shall be paid by said cities in the same proportions as the expense of maintaining said bridges is apportioned and assessed upon said cities. ance of award sum appor SECT. 5. Upon the acceptance of said award by the court as Upon accept aforesaid, the city of Cambridge shall pay and deliver to the city of Cambridge to Boston the proportion of said fund, funds, moneys, and properties, pay to Boston apportioned to Boston under said award, and the said bridges shall tioned. become and be highways; and thereafter said bridges and draws shall be maintained, supported, managed, and kept in repair, by the cities of Boston and Cambridge according to the terms and proportions established by said award; and all damages recovered in any action at law by reason of any defect or want of repair in either of said bridges or the draws thereof, shall be paid by said cities on the same terms and in the same proportions. one from each SECT. 6. The care and management of said bridges and draws Commissioners, shall be vested in a board of commissioners consisting of one person city, to have from each city, chosen in accordance with such ordinances as said care of draws cities shall respectively establish, and until such commissioners are 1871, 250. R.O. c. 40, § 6. chosen, the mayors of said cities shall ex officiis constitute such commissioners. and bridges; to be made SECT. 7. The commissioners designated in the preceding section to cause draws shall cause to be made in lieu of the existing draws in said bridges thirty-six feet a draw in each bridge with a clear opening of thirty-eight' feet in in width. width, in the position determined under section one of this act. panies not re SECT. 8. Nothing in this act shall release the Cambridge Railway Railroad comCompany or the Union Railway Company, from any legal obligation leased from either of said companies is now under to the cities of Cambridge and obligation to to keep bridge in Boston, or either of them, or any legal obligation now existing to repair. maintain and keep in repair any portion of said bridges, or from any liability for any loss or injury that any person may sustain by reason of any carelessness, neglect, fault, or misconduct, of its agents or servants, in the construction, repair, management, or use, of its tracks on said bridges, or other use or occupation thereof. SECT. 9. Chapter three hundred and eleven of the acts of the Repeal. year eighteen hundred and sixty-nine, and all others provisions of law inconsistent herewith, are hereby repealed. fect when ac SECT. 10. This act shall not take full effect unless accepted by Act to take ef the city council of Cambridge, by concurrent vote of the two branches cepted by city thereof, within thirty days from its passage. It shall be the duty of council of Cam 1 Changed to thirty-six by St. 1870, c. 401, § 1. bridge; |