Boston. 1847, 234, § 5. upper harbor of and, when necessary, to order the removal of such vessels, and to cause the same to be removed in obedience to such order at the expense of the master or owners thereof; and if any person shall obPenalty for ob- struct said harbor-master in the performance of any of his duties, as prescribed by this act, or by the act to which this is in addition, or shall neglect or refuse to obey any lawful order made by said harbormaster, he shall be liable to a penalty, not exceeding fifty dollars, for each offence, to be recovered by indictment, for the use of the city of Boston. structing harbor-master. Master or owners liable for certain viomitted on board lations com their vessels. former act re- Penalty. May be purchased by city of Boston. Mayor and aldermen au thorized to lay out a highway over a portion of the bridge, and a highway to be laid out over the other portion. Proviso, as to assent of the proprietors. Highway authorized over certain tide waters. SECT. 2. Whenever any person, on board of any vessel, shall violate the provisions of the third section of the act to which this is in addition, the master or owners of said vessel shall be liable to the penalty prescribed in said section, as well as the person so offending. SECT. 3. The provisions of the second section of the act to which this is in addition shall apply to all the yards of vessels as well as the lower yards, anything in said section to the contrary notwithstanding. SECT. 4. All vessels at anchor in the harbor of Boston shall keep an anchor-watch at all times, and shall keep a clear and distinct light, suspended at least six feet above the deck, during the night; and whenever the provisions of this section shall be violated on board any vessel, the master or owners shall be liable to a penalty of not more than twenty dollars, to be recovered in the manner provided in the act to which this is in addition, and shall be held liable to pay all damages that may be occasioned by such violation. May 10, 1848. [1847, 234; 1862, 64; P.S. 69, §§ 23-34; 1882, 216; 1884, 173.] 1849. CHAPTER 106. AN ACT RELATING TO CHELSEA-POINT BRIDGE. Be it enacted, etc.: SECTION 1. The city of Boston is hereby authorized and empowered to purchase the franchise of Chelsea-point Bridge, with all the rights and property incident thereto. SECT. 2. The mayor and aldermen of the city of Boston, as county commissioners therein, are hereby authorized and empowered to lay out a highway over so much of Chelsea-point bridge, and the tide waters thereat, as is within the city of Boston'; and the commissioners appointed by the court of common pleas, holden at Boston, by the order of said court, dated the fifteenth day of March, in the year one thousand eight hundred and forty-eight, to perform the duties of county commissioners, as in said order specified, or those at any time hereafter holding the like authority, are hereby authorized and empowered to lay out a highway over so much of said Chelsea-point bridge, and the tide waters thereat, as is within the town of North Chelsea: provided, the assent of the proprietors of Chelseapoint bridge shall be first obtained. SECT. 3. The commissioners appointed by the court of common pleas, as aforesaid, or those who may hereafter be appointed to the like authority, are hereby authorized and empowered to lay out and construct a highway over the tide waters between the easterly shore of Pulling point, and the neck of land leading to Point Shirley, in North Chelsea, so as to form a continuous highway from East Boston to Point Shirley. SECT. 4. This act shall take effect from and after its passage. [1835, 100.] 1 So much of this bridge as is within the city was laid out as a highway July 1, 1850. See Statutes and Ordinances (ed. 1876), p. 72. laid out over tide waters Be it enacted, etc.: SECTION 1. The mayor and aldermen of the city of Boston, as Highway to be county commissioners therein, be, and hereby are, authorized and Chelsea free empowered to lay out and construct a highway over so much of Chel- bridge and the sea free bridge, and the tide waters thereat, as are within the city thereat. of Boston; and the county commissioners appointed by the court of common pleas, of the commonwealth of Massachusetts, holden at Boston, in and for the county of Suffolk, by the order of said court, dated the sixteenth day of October, in the year one thousand eight hundred and forty-eight, to perform the duties of county commissioners, as in said order specified, or those at any time hereafter holding the like or similar authority, be, and hereby are, authorized and empowered to lay out and construct a highway, over so much of Chelsea free bridge, and the tide waters thereat, as are within the town of Chelsea. The said bridge to be maintained with good and Bridge, how to sufficient materials, and not less than twenty-five feet wide, with sufficient railings for the protection of passengers, and a good and sufficient draw, not less than twenty feet wide, with proper piers Draw. above and below said draw, for the accommodation of vessels passing through the same. SECT. 2. This act shall take effect from and after its passage. be maintained. 1850, 180. fusal mayor and SECTION 1. When any street or way, which now is, or hereafter Sidewalks, how shall be, opened in the city of Boston, over any private land, by the in streets over to be constructed owners thereof, and dedicated to, or permitted to be used by, private land. the public, before such street shall have been accepted and laid out, according to law, it shall be the duty of the owners of lots abutting thereon, to construct convenient sidewalks on each side of such street or way, at their own expense, in such manner as the safety Expenses. and convenience of the public shall, in the opinion of the mayor and aldermen of said city, require; and, if the owners of such abutting On neglect or relots shall, after reasonable notice given by the said mayor and alder- aldermen to conmen, neglect or refuse to construct said sidewalks in such street or struct walk and way, in manner aforesaid, it shall be lawful for the said mayor and abutters. aldermen to cause the same to be constructed 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: pro- Proviso. vided, always, that nothing contained in this act, shall be construed to affect any agreement heretofore made respecting any such street or way, as aforesaid, between such owners and said city: provided, also, Proviso. that any such constructing of sidewalks in any street or way, by the 1 Now called Chelsea-street bridge. See Statutes and Ordinances (ed. 1876), pp. 73, 74. assess on the City council may vote not to accept this act. mayor and aldermen, as aforesaid, shall not be construed to be an acceptance of such street or way by the city of Boston. SECT. 2. This act shall not take effect if, within thirty days from the passage thereof, the city council of said city shall vote not to accept the same. April 23, 1849. City of Boston may establish a town in the com- AN ACT TO AUTHORIZE THE CITY OF BOSTON TO ESTABLISH A CEMETERY.' The city of Boston is hereby authorized to purchase and hold land, cemetery in any for a public cemetery, in any town in this commonwealth, and to make and establish all suitable rules, orders, and regulations, for the interment of the dead therein, to the same extent that the said city of Boston is now authorized to make such rules, orders, and regulations, for the interment of the dead, within the limits of the said city : provided, that the consent of any town, in which the said cemetery is proposed to be located, shall first be obtained for the purpose. [1872, 197.] April 26, 1849. Additional notes, scrip, or certificates of debt, may be is sued by city council of Bos ton. 1846, 167. Of proceedings for damages 1849. CHAPTER 187. AN ACT IN ADDITION TO "AN ACT FOR SUPPLYING THE CITY OF BOSTON Be it enacted, etc.: SECTION 1. In addition to the notes, scrip, or certificates of debt, authorized to be issued by the ninth section of the act entitled "an act for supplying the city of Boston with pure water," passed on the thirtieth day of March, in the year one thousand eight hundred and forty-six, being chapter one hundred and sixty-seven of the acts of that year, the city council of the city of Boston are hereby authorized to issue, from time to time, notes, scrip, or certificates of debt, to be denominated, on the face thereof, "Boston water scrip," to an amount not exceeding, in the whole, the further sum of one million five hundred thousand dollars, for the same purposes, and in the same manner, and upon the terms and conditions specified in said section. SECT. 2. Whenever any damages shall have been sustained by any done to individ persons in their property, by the taking of any land, water, or wateruals, how prose- rights, or by the constructing of any aqueducts, reservoirs, or other 1846, 167, §§ 6, 8. works, for the purposes of this act, and of the act to which this is in addition, and such persons shall neglect to institute proceedings against the city of Boston, according to the provisions of the said act, for the space of five months, it shall be lawful for the city of Boston to commence such proceedings, which shall go on, and be determined, in the same manner as if commenced by the persons who shall have sustained such damage; and, if such persons, on receiving due notice, shall not come in and prosecute the proceedings so instituted, judgment shall be entered against them, and they shall be forever barred from recovering any damages under said act. cuted. -how barred. Water of Long pond may be SECT. 3. The city of Boston is hereby authorized to convey the conveyed to East Water of Long pond to, into, and through, that part of Boston called Boston through East Boston, by laying their aqueduct, or water pipes, through the Chelsea. city of Charlestown and town of Chelsea; and, for that purpose, may Charlestown and 1 Under authority of this act Mount Hope Cemetery was established. water over or 1851, 121. have all the rights and privileges, and shall be subject to all the lia- 1846, 167. bilities, mentioned in the act to which this is in addition. And the of conveying said city of Boston may make any suitable structures for the purpose under tideof conveying the said water over or under the tide waters within the waters; jurisdiction of this commonwealth: provided, that such structures shall be approved of by a commissioner, to be appointed for that purpose by the governor and council, and to be compensated by the city of Boston: provided, further, that the authority granted by this section shall not be exercised without the consent of the city council of said city first had and obtained. SECT. 4. This act shall not take effect unless accepted by the city council of the city of Boston.' May 1, 1849. [1846, 167; 1848, 33; 1851, 121.] 1849. CHAPTER 201. AN ACT AUTHORIZING THE EASTERN RAILROAD COMPANY Be it enacted, etc.: THEIR ROAD. TO EXTEND tension des The Eastern Railroad Company are hereby authorized Route of exto locate, construct, and complete, an extension of their railroad, with cribed. one or more tracks, from some convenient point in their railroad, in North Chelsea, to the Salem turnpike, at or near the same point at which the grand junction and depot company are authorized to cross said turnpike; thence crossing Island End river, by a suitable bridge and draw, and crossing the dam and dyke at such a grade and in such a manner, as not to impair the same, to a point in Malden, westerly of the United States marine hospital, near the junction of said Island End river with Mystic river; thence crossing said Mystic river, with the necessary draws in the bridge, at the channels of said river, of not less than forty feet space, to a point in the city of Charlestown, westerly of the Salem turnpike; thence, by the most convenient line, through said city of Charlestown, to Thompson's wharf, in said Charlestown; thence crossing Charles river to the wharf owned or occupied by the gas company in Boston, below Charles-river bridge, making and maintaining a suitable and convenient draw in the bridge, at the channel, to Commercial street, in Boston: provided, that no bridge shall be constructed over any of the rivers aforesaid, exceeding thirty feet in width; and the same shall be constructed under the direction of a commissioner, to be appointed by the governor and council, and paid by the Eastern Railroad Company; and any bridge, so constructed, shall be deemed to be the limit of the location across said rivers. SECT. 2. Said company shall provide such effectual security against Security to any danger to the travel over Charles-river bridge, as the governor and gove, ucha council may, from time to time, require. governor and council may require. Mayor and al dermen of Charlestown the rate of speed. SECT. 3. The mayor and aldermen of the city of Charlestown, for the time being, may regulate the rate of speed at which the engines and trains may pass over such portions of said railroad as may cross may regulate the streets of said city at grade. SECT. 4. No stone, gravel, or other building materials, shall be of the removal taken by said company from the lands of the Winnisimmet Company, etc. without the consent of said company, excepting only the land, over or upon which said railroad shall be actually located, as aforesaid. And said company, and other proprietors of the marsh within said 1 Accepted by city council May 28, 1849. of stone, gravel, Of streets and ways, divided by railroad. This act to be accepted by the stockholders. Location and completion. New stock. Proviso as to value of shares. Of water pipes laid by city of Boston. dam on Island End river, shall have the right to build and maintain continuous streets and ways, connecting their estates divided by said railroad, and cross, and recross, the same, over, under, or on a level with, it, where it divides their said estates, or separates them from Island End river, as they shall find most convenient, not obstructing the locomotives and cars running on the said railroad, as allowed in the acts heretofore passed in relation thereto. SECT. 5. This act shall be void, unless the same shall be accepted by the stockholders of said company, at a meeting of the same, called for the purpose, and unless the road shall be located within two years from the passage of this act; and unless the road shall be completed within two years from the time said location shall be filed. SECT. 6. For the purposes of this act, said Eastern Railroad Company may create new stock, to an amount not exceeding five hundred thousand dollars: provided, that no shares in the capital stock hereby authorized, shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares in the original capital stock of said corporation. SECT. 7. It shall be lawful for the city of Boston, under the direcBoston to East tion of the commissioner aforesaid, to lay and construct their water pipes under, or by the side of said bridges, for the purpose of conveying water into and through East Boston, without compensation: provided, however, that said pipes shall be so laid, maintained, and repaired, as not to retard, or in any manner obstruct, the regular and convenient use of said bridges, for all the uses of said railroad company. Proviso. Grand Junction SECT. 8. The Grand Junction Railroad and Depot Company may Depot Company enter upon and use the road, or any part thereof, that may be constructed by said Eastern Railroad Company, within the limits herein chartered, according to the provisions of law. may use this road. Corporators. Boston. AN ACT TO INCORPORATE THE WILLIAMS MARKET. Be it enacted, etc.: SECTION 1. Henry Williams, William H. Guild, and George H. Sweetser, their associates and successors, are hereby made a corpoFor a market, in ration, by the name of the Williams Market, for the purpose of erecting and managing a market for the sale and storage of country produce, and other merchandise, to be located in or near Dover street. Powers and du. in the southerly section of the city of Boston, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions, set forth in the forty-fourth chapter of the revised statutes: provided, that nothing contained in this act shall be construed to authorize said corporation to engage in buying or selling produce or merchandise of any description. ties. Proviso. Estate. SECT. 2. Said corporation may hold real and personal estate, for the purpose aforesaid, not exceeding in amount one hundred thousand Value of shares. dollars: provided, that no shares in the capital stock of said corporation shall be issued for a less sum or amount, to be actually paid in on each, than the par value of the shares which shall be first issued. City goverment may make regu lations for the market. City of Boston may purchase the market, etc., within five years. SECT. 3. The city of Boston may, by its city council, or by any person or body to whom said council shall delegate its power, make and enforce suitable and proper police regulations, in and around said market and its appurtenances. SECT. 4. The city of Boston may, at any time within five years from the passage of this act, purchase of said corporation the said market, and all the franchise, property, rights, and privileges, of said |