To be connect ed with the Old 1848, 37, § 2. moved. set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter of said statutes relating to railroad corporations, and in all statutes which had been, or should be thereafter, passed relating to railroad corporations; excepting, however, that the said city was not required to make any annual report to the legislature, unless thereafter specially directed so to do. 2. The said branch railroad was permitted to be conColony railroad. nected with the Old Colony railroad, upon such terms and conditions as might be agreed between the said city of When to be re- Boston, and the Old Colony Railroad Company; and the said branch railroad, and also all branch tracks therefrom, that might be constructed under the first, second and third sections, were to be removed within five years from the first day of February, in the year one thousand eight hundred and forty-eight; and all piles not taken up, were to be cut off at least six feet below the surface of the mud. Bridge over South Bay, how 3. The city of Boston were required to cause the bridge above authorized, to be constructed with convenient draws over the channel of South Bay, to be at least thirty feet wide, and with suitable piers, at the expense of said city, and to maintain and tend the same, so as to afford all reasonable and proper accommodation for vessels having occasion to pass by day or night through the same; and to improve the channels on said South Bay, the said city were required to remove from each channel at least twelve thousand eight hundred cubic yards of mud or earth, at their own expense, within six months from the first day of April, 1848, under the direction of Allen Putnam, of Roxbury, and Charles Heath, of Boston, or, in case of their death or inability to act, then under the direction of the mayor of Roxbury for the time being. 1 1 The act of 1848, c. 37, § 4, provided that the said act should take effect from and after its passage; and that upon its acceptance by the city council, all the powers and privileges conferred upon the city of Boston, by the act of the legislature approved by the governor on the twenty-third day of April, in the year one thousand eight hundred and forty-seven, entitled "An act to authorize the city of Boston to construct a railroad from the Providence railroad to South Bay," should be deemed to be surrendered ORDINANCE OF THE CITY. 1 public lands to July 22, 1850. SECT. 1. In the month of January, in each year, there committee on shall be appointed a joint committee of the city council, to be appointed. be called the committee on public lands, to consist of two aldermen and five members of the common council, and of the mayor, who shall be chairman ex officio. management of Ibid. SECT. 2. The said committee shall have the care and To have care and management of the public lands belonging to the city, so public lands. far as relates to the improvement, sale and disposal of the same, subject to the limitations, mentioned in this and other ordinances of the city, and to such rules, orders and regulations, as the city council may from time to time adopt. streets, &c. SECT. 3. The said committee are authorized to lay out May lay out and make such streets, passage-ways and squares on the Ibid. public lands, to lay such sewers therein, and to make such May lay sewers, alterations in the lots, as they may deem expedient, subject to the approval of the mayor and aldermen. &c. of public lands Ibid. SECT. 4. There shall be chosen annually in the month Superintendent of April or May, and whenever a vacancy occurs, by con- to be chosen. current vote of the two branches of the city council, a superintendent of public lands, who shall hold his office until a successor is appointed, or he is removed. He shall be removable at the pleasure of the city council, and shall receive such compensation as the said council may from time to time determine. Ibid. SECT. 5. The said superintendent, before entering on shall give bond. the duties of his office, shall give bond, with one or more sureties, to the approbation of the mayor and aldermen, with condition that he will not, directly or indirectly, for Condition of himself or others, or by others in trust for him, or on his account, have any interest or concern in any purchase, by the said city, and said last mentioned act become null and void, being in such case repealed. See 1847, c. 250. For the powers of the city council in relation to the public lands, see city charter and amendments, § 25, pp. 16, 17, ante. 1 An ordinance concerning the public lands, passed July 22, 1850. bond. lease, contract or agreement, to be made in pursuance of this ordinance. SECT. 6. The said superintendent shall devote himself to the care, improvement and sale of the public lands, and, under the direction of the said committee, shall cause them to be surveyed and laid out into convenient lots, and contract for the sale, and actually sell or lease the same, at public or private sale. But this and the third section shall not apply to the common, the land and flats west of Charles street, the city wharf, the lands connected with the public institutions at South Boston, or to any other lands purchased or held for specific purposes, unless by special vote of the city council. SECT. 7. The said superintendent may, under the direction of the said committee, contract and agree for defraying in part, or in whole, the cost or expense incident to, or arising out of the performance of any acts which he is by this ordinance authorized to do and perform, by transfer of lands to the contracting parties, in lieu of money, when the same can be done with advantage to the city. SECT. 8. The said superintendent shall at all times perform such services as may be required of him by the mayor and aldermen, in the laying out, alteration or widening of streets, and in the trial or settlement of any and all claims for damages, in consequence of such laying out, alteration or widening, and in the care and improvement of the common and public squares. SECT. 9. All contracts, deeds, conveyances and leases, made by virtue of this ordinance, shall be signed and executed by the mayor, in the same manner as if the same were made by order of the city council, and shall be countersigned by the said superintendent. SECT. 10. The said superintendent shall, at least once in three months, and as often as required, make a true and correct report of his proceedings under this ordinance, and exhibit proper schedules and accounts of all lands sold, moneys received and securities taken, to the mayor and aldermen, which shall be by them sent to the common council. or account of all Ibid. SECT. 11. The said superintendent shall keep an accurate To keep record record or account of all the vacant lands belonging to the vacant lands. city; and whenever any such land shall be purchased by the city, for any purpose, it shall be the duty of the person or persons so purchasing the same, to make report thereof forthwith to the said superintendent. ties, &c., to be posited with the SECT. 12. All money agreed to be paid by any pur- Moneys, securichaser or lessee of the public lands, and all notes, bonds, paid to and demortgages and securities for moneys, arising or accruing from treasurer. or in virtue of any contract made by said superintendent, shall be paid to and deposited with the treasurer. Ibid. No conveyance to be delivered money is paid or secured. SECT. 13. No conveyance of any estate in fee or for life in any lands belonging to the city, shall be delivered, till purchase until the purchase money is paid, or secured by a mortgage of the same land or other land of equal value; and the Ibid. mayor may from time to time release to any mortgagor or his assigns, any part of the mortgaged premises, on payment of an equivalent portion of the purchase money. And in all cases where lands other than those sold are proposed to be taken as collateral security, the consent and approbation of the mayor in writing shall he first obtained. &c., SECT. 14. There shall be no expenditure of money, or No expenditure, contract requiring the expenditure of money to be made, to be made under or by virtue of this ordinance, without the sanction of city council. of the city council, by an appropriation first made to meet such expenditure. Ibid. STATUTES. RAILROADS. 1. Damages for land, &c., taken for railroads, to be assessed by the mayor and aldermen. 2. Either party may apply to C. C. Pleas for a jury. 3. Railroads not to obstruct other 4. Proceedings when railroad cor- 5. If the parties do not agree as to Damages for land, &c., taken for railroads, to be assessed by the mayor and aldermen. alterations, either may appeal | 11. 6. Railroads not to be obstructed 7. Proceedings where it is neces- 8. Railroads to be constructed so 12. Penalty. 13. 14. 15. Gates, &c., shall also be erected, if necessary. 16. 17. 19. authorized and required by 20. Sign boards to be erected at the crossings of roads. Penalty for neglecting to comply with the foregoing provisions, and liability for damages. Applications, as to railroads crossing other roads, in Boston, may be made to the mayor and aldermen. The preceding section, and R. S. 39, §§ 79, 80 and 81, extended. Corporation shall provide a gate or bars, when adjudged necessary. County commissioners may direct gates to be built across highway, &c. Shall have original jurisdiction of questions as to obstructions by railroads. The supreme judicial court shall have equity jurisdiction to enforce decisions of county commissioners. 1. If any railroad corporation shall, by virtue of their charter, take any land or other property, within the city of Boston, without the consent of the owner of such land or other property, the mayor and aldermen of said city shall, except as provided in the following section, have all the power of commissioners in the like cases; and the like proceedings shall be had, before the said mayor and aldermen, for the purpose of ascertaining, securing and obtaining payment of damages, and subject to the same limitations, as in case of an application to the said commissioners. |