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Gertain acts con. poration; and the provisional agreement made by the city of Boston
with the said George H. Williams by which the said city have agreed to convey their interest in all the property, estates, and privileges, except that of supplying or distributing water within the limits of the city of Boston, of the aqueduct corporation which was incorporated by act passed the twenty-seventh day of February, seventeen hundred and ninety-five, is hereby authorized, sanctioned, and confirmed ; and the sale by said city of Boston to said George H. Williams, of all the property, estates, and privileges, which the said city of Boston was authorized to purchase of the aqueduct corporation, by the sixteenth section of the act passed March thirtieth, eighteen hundred
and forty-six, is hereby authorized. May bring water
SECT. 2. The said Jamaica Pond Aqueduct Corporation are pond.
hereby authorized and empowered to bring the water from Jamaica pond, from the same source and point from which the aqueduct corporation incorporated in the said year seventeen hundred and ninetyfive brought the said water; and shall have full power and lawful authority, by subterraneous pipes, to bring water from said Jamaica
pond, and supply the same to the city of Roxbury, to the town of Rights, privi. Brookline, and to the town of West Roxbury; and for this
purpose the said Jamaica Pond Aqueduct Corporation shall have, use and enjoy the same rights, privileges, and easements, for supplying pure water to the towns and city aforesaid, as were bad, used, and
enjoyed, by the aqueduct corporation for the dispensing water to the May open ground, lay
city of Boston; and to enable the said corporation to supply the pipes, etc. said city of Roxbury and the towns aforesaid, the said corporation
are hereby fully authorized and empowered to open the ground in any part of the streets and highways in the city of Roxbury, and town of West Roxbury, and town of Brookline, for the purpose of sinking and repairing such pipes and conductors as it may be necessary to sink for the purpose aforesaid : provided, that the said highways and streets shall not be opened or used by the said corporation in such manner as to obstruct or hinder the citizens of the commonwealth ; and the said corporation, after opening the ground in any of the said streets or highways, shall be held to put the same again in repair to the satisfaction of the authorities of the said city and towns respectively: provided, also, that in excavating for the purposes of laying the pipes or repairing the same, the work shall be done agreeably to the direction of the board of mayor and aldermen of the city of Roxbury, and in the towns of West Roxbury and Brookline, under the direction of the selectmen of those towns respectively: and it is further provided, that the city of Roxbury shall be allowed the privilege of inserting ten hydrants into the main pipes of the aqueduct at such points as may be indicated by the city authorities of Roxbury, with the right of using the water in cases of fire, but for no other purpose whatever, without the special per
mission of the directors of the corporation. and lay down
SECT. 3.' The said corporation be, and they are, hereby authorized pipes. and empowered, for the purpose of extending their supply of fresh water,
to enter upon and improve for the laying down subterraneous pipes, the corporate or private estate of any person, town, or corporation whatsoever, within the boundaries of the city of Roxbury, town of West Roxbury, or town of Brookline; and the said corporation are hereby empowered to take, hold, purchase, or improve, for the purpose of laying down subterraneous pipes, any land not exceeding ten feet in width in the territory of the said city and towns aforesaid, and shall at all times have free ingress and egress into and from the
same in order to lay down, inspect, renew, and repair, the said pipes ; Damages, how and the said corporation shall be held to pay all damages which shall
May enter upon
accrue to any party by the taking, holding, or improving, the land aforesaid, for the purposes aforesaid ; and where the damages cannot be adjusted satisfactorily by the parties, the damages may be estimated by the county commissioners of the county of Norfolk, saving to either party the right of trial by jury, according to the law which provides for the recovery of damages accruing by laying out public highways. All claims for damages shall be preferred by the party entitled to demand the same, within twelve months from the time when the ground shall have been taken or first entered upon in manner as herein before mentioned ; and the said corporation, after having opened any of the ground aforesaid, for the purposes aforesaid, shall be held to put the same again in proper condition. Said Corporation
liable, etc. corporation shall be liable for any loss or injury that any person or persons may sustain by reason of any carelessness, neglect, or misconduct, of said corporation, or of any of its agents or servants; and in case any recovery shall be had against either of said towns, or against said city of Roxbury, in consequence of such carelessness, neglect, or misconduct, or in consequence of any act of said corporation, or of its servants or agents, said corporation shall be liable to pay to said towns and said city of Roxbury, respectively, any sums thus recovered against them, together with all costs and reasonable expenditures incurred by said towns and said city of Roxbury, or either of them, in defence of such suit or suits in which such recovery may be had; but nothing herein contained shall be construed as creating any obligation or liability on the part of said towns or said city of Roxbury, beyond that which now exists by law.
SECT. 4. The capital stock of said corporation shall not exceed Capital stock the sum of one hundred thousand dollars, to be divided into shares of $100,000.
Shares $100 one hundred dollars each; and no shares shall be issued for a less sum, to be actually paid in on each, than the par value of the shares No shares is. which shall first be issued ; and said corporation may establish the capital stock at fifty thousand dollars, with power, by vote of twothirds of the stockholders in interest, to increase the same to one hundred thousand dollars ; and said corporation shall have power to purchase and hold such real estate, within said city of Roxbury and towns aforesaid, as may be necessary or convenient for the purposes and management of said aqueduct corporation.
SECT. 5. And the said Jamaica Pond Aqueduct Corporation are Rights, privi; hereby authorized and empowered to draw the water from the said corporation. pond, from the same point established and limited by the easement, privileges, and rights, acquired by the aquedect corporation, chartered in the year seventeev hundred and ninety-five, and no farther, without the consent of the inhabitants of the town of West Roxbury, in town meeting assembled ; and all the rights, interests, and estate, of the Rights, etc. of
West Roxbury. town of West Roxbury, in said pond, are hereby reserved, as to cutting ice, or any other general use or appropriation thereof, which does not impair the rights and privileges and easements of the said Jamaica Pond Corporation, as aforesaid; and the said aqueduct corporation shall, whenever requested by the selectmen of West Roxbury, so draw off the water, that the banks of said pond shall not be washed away or otherwise injured.
Sect. 6. The said Jamaica Pond Aqueduct Corporation shall have Rights limited no right, after the passage of this act, to supply any water from etc. Jamaica pond to the city of Boston, or to the inhabitants thereof, unless especially authorized and requested by the city authorities of Boston ; and the right of supplying water shall be limited to the city of Roxbury and to the towns aforesaid ; but if any change in the municipal jurisdiction, over a whole or a part of the territory now known as the city of Roxbury, should take place, nothing in this act
sued under par.
to furnish water,
Right of parties entitled to dam. ages
shall be so construed as to take away the right to supply the whole or any portion of such territory.
Sect. 7. When any claim for damages shall be preferred by any party for laying down, renewing, or repairing, the pipes of said corporation, as provided for in the third section, said damages shall be paid within three months after the same shall be fixed and determined ; and if not so paid, the party entitled to such damages shall have the right to take up and remove said pipes on his premises; and they shall not be relaid until said damages are paid.
May 8, 1857.
AN ACT TO CONFIRM AN INDENTURE CONCERNING THE BACK BAY.
Indenture be. tween the com
Be it enacted, etc.:
The indenture of three parts made and executed on the eleventh monwealth, the day of December, in the year eighteen hundred and fifty-sis, by and Buston Water, between the Commonwealth of Massachusetts, acting by its comthe city of Bog. mittee appointed under and in pursuance of the “ resolves in relation
to lands in the Back Bay,” approved May thirtieth, in the year eighteen hundred and fifty-six, of the first part; the Boston WaterPower Company, of the second part; and the city of Boston, of the third part, is hereby confirmed and established : provided, this act shall not prejudice the legal rights of the city of Roxbury, or of the town of West Roxbury.
May 18, 1857.
1857. - CHAPTER 281.
AN ACT CONCERNING THE BOSTON LUNATIC HOSPITAL.
Be it enacted, etc. : Patients may be SECTION 1. The city of Boston, by and through the agency of the admitted who are not paupers, board of visitors of the Boston lunatic hospital, or by and through
any other agency which shall be established therefor by the city
May 30, 1857. [1839, 131; 1840, 79; 1851, 243; 1857, 35.]
1857. - CHAPTER 302.
May be commitied to the Boston lunatic hospital.
AN ACT CONCERNING INSANE PERSONS IN THE CITY OF BOSTON. Be it enacted, etc. :
SECTION 1. The municipal court of the city of Boston, and all other courts and magistrates having authority to commit insane persons to the state lunatic hospital, may commit all insane persons found in the city of Boston, whether they are furiously mad or otherwise, who have their legal settlement in the city of Boston, or in any other city or town within this commonwealth, to the Boston lunatic hospital, in all cases in which said courts and magistrates are authorized by law, to commit such persons to the state lunatic hospital. SECT. 2. This act shall take effect from and after its passage.
May 30, 1857. [1839, 131; 1840, 79; 1851, 243.]
Be it enacted, etc. :
The board of directors for public institutions of the city of Boston, Directors au, comprising the house of correction, house of industry, house of refor- fer prisoners mation, and lunatic hospital, is hereby authorized, at its discretion, tom tomostitu. to transfer from any one of the said institutions, to any other of said
institutions, any prisoner sentenced to either of the same : provided, Proviso.
March 27, 1858.
Be it enacted, etc.:
establish bospi. establish, and maintain, a hospital for the reception of persons who, tal. by misfortune or poverty, may require relief during temporary sickness.
SECT. 2. The city council of said city shall have power to make Appointment of such ordinances, rules, and regulations, as they may deem expedient, for the appointment of trustees, and all other necessary officers, 1880, 174, § 6. agents, and servants, for managing the said hospital.
SECT. 3. Said hospital shall not be erected or located within Location. three hundred feet of any school-house or church now built. SECT. 4. This act shall take effect from and after its passage.
March 27, 1858. [1880, 174.]
officers. R.O. c. 34.
AN ACT TO AUTHORIZE THE CITY OF BOSTON TO LAY OUT A HIGHWAY
BY EXTENDING ALBANY STREET. Be it enacted, etc. : SECTION 1. The board of aldermen of the city of Boston, with Extension of
Albany street, the concurrence of the common council, and the approval of the etc. mayor thereof, are hereby authorized and empowered to lay out a highway, in continuation of Albany street, in said city, not exceeding eighty feet wide, and extending from Malden street, across the tide water in the south bay, so called, in any convenient direction or directions, within the commissioners' line, as now established, to Troy street; and to protect said highway, if they shall deem it necessary, by the erection of a sea-wall outside thereof : prorided, however, that no part of such sea-wall shall be outside of the said commissioners' line; and, also, if they shall see fit, to widen the Dover-street bridge between Harrison avenue and Foundry street, so that the same may be fifty feet wide, and no more, between the points herein designated.
Sect. 2. Any person or persons, whose flats or land shall be Damages, how taken for the purpose aforesaid, shall have the same rights and reme
dies for the assessment and collection of damages sustained by him
February 4, 1859. [1855, 73; 1856, 107.]
1859. - CHAPTER 173.
SECTION 6. The government of the bank shall be in seven directors, five of whom shall be chosen annually, in October, by the
stockholders, together with one to be appointed by the governor of One director to the commonwealth, and one to be appointed by the mayor of the city be appointed annually by
of Boston; and the board thus created shall elect one of their number president, and such other officers as may be deemed necessary.
Government of the bank.
RAISE THE DAM AT
hold real estate.
AN ACT TO AUTHORIZE THE
THE OUTLET OF LAKE COCHITUATE. Be it enacted, etc. : City of Boston SECTION 1. The city of Boston is hereby authorized, by and authorized to to raise dam. through the agency of the Cochituate water board therein, or by and
through any other agency which shall be established therefor, by the city council of said city, to raise the dam at the outlet of Lake Cochituate, formerly called “ Long Pond,” lying in the towns of Natick,
Wayland, and Framingham, to the height of ten feet above the floor May take and
of “Knight's Flume,” so called, and may also take and hold, from time to time, by purchase or otherwise, any lands or real estate on and around the margin of said lake, not exceeding five rods in width, measuring from the verge of said lake, when the same shall be raised to the level authorized by this act, so far as such lands and real estate may be necessary for the preservation and purity of said lake, for the purpose of furnishing a supply of pure water for said city of Boston: provided, however, that no lands or real estate taken or pur
chased under this act, shall be exempted from taxation, by reason of Exemption from such taking or purchase. All lands and real estate within said towns,
heretofore taken or purchased, and now held by said city by virtue of an act approved March thirtieth, eighteen hundred and forty-six, or by virtue of any other act heretofore passed, shall be and remain exempted from taxation, so long as they continue to be so held and
used for the purposes of said acts. City to be liable SECT. 2. The said city of Boston shall be liable to pay all for all damages sustained. damages that shall be sustained by any persons in their property, by
the taking of any land or real estate, or by the flowage of the lands Bichts and rem- of any person as aforesaid ; and in regard to such taking and flowage,
1 By St. 1869, c. 428, $ 1 (not printed in this volume), the name was changed to the Collateral Loan Company.
2 No other section of this act relates to the city of Boston or to any of its officers.