and Brookline. said Dorchester Street, and continuing the same course, to a stone post standing on the Dorchester Turnpike, marked B. on the northeast side, and D. on the southwest side; then continuing the same course until it comes to Boston Harbor, being the same line described in the act entitled, "An act to set off the northeast part of the town of Dorchester, and to annex the same to the town of Boston." 18. The line between Boston and Brookline was also Between Boston perambulated as follows: Beginning at a stone post Ibid, p. 600. marked Bo. on the easterly side, and Br. on the westerly side, standing on the Boston and Roxbury Mill Dam, westerly from the new filling sluices erected in said dam, (the old sluices referred to in the act of February 22d, 1825, entitled "an act relative to the boundary lines of the city of Boston and to the town of Brookline" having been removed;) thence running northwesterly from said post, at an angle of one hundred and fifteen degrees from the mill dam, until it strikes the centre of the channel of Charles River, and also running from the said post, southerly, at an angle of one hundred and three degrees forty minutes, until it strikes the centre of the channel of Muddy River, at a point where the respective boundaries of Boston, Brookline, and Roxbury meet each other, being the same lines mentioned and described in the above recited act. STATUTES. BRIDGES. 1. Incorporation of Boston South Bridge. 2. Width, and manner of building and maintaining said bridge. 3. Proprietors authorized to transfer the franchise and materials to the city of Boston; to be toll free. Provision for surren der to the commonwealth, in 4. Provision for discontinuance of 6. Boston Free Bridge Corpo- 7. Obligations imposed upon the 16. A highway authorized to be laid out over said bridge. Proviso. corporation. 8. Compensation for land taken. 9. City of Boston at liberty to 17. Highway authorized over cererect said bridge. 10. Surrender of the Free Bridge, &c. to the city of Boston. 14. Wharves, &c. not to be within tain tide waters. Incorporation of 1803, 113, § 1, 2, Ibid, § 7. 1829, 119. Width and man ner of building said bridge. 1803, 113, § 4. BOSTON SOUTH BRIDGE. 1. By an act passed March 6, 1804, William Tudor, Gardiner Greene, Jonathan Mason and Harrison Gray Otis, and those who should become their associates, were made a corporation, under the name of "The Proprietors of the Boston South Bridge." Provisions were made for organization, the rates of toll, the amount to be paid to vessels passing the draw, and the indemnity to be paid to persons whose land should be taken; and a penalty of not more than fifty nor less than twenty dollars was imposed upon the corporation, for every neglect or refusal to open the draw, or unnecessary detention of any vessel about to pass. It was also provided that the act should be void, if the corporation should refuse or neglect to build and complete the bridge for the space of three years. The provision for the payment to vessels passing the draw was repealed by an act passed March 12, 1830. 2. The fourth section of the same act provided, that and maintaining the bridge should be built of good and sufficient materials, not less than forty feet wide, and well covered with plank or timber, suitable for such a bridge, with sufficient rails on each side for the safety of travellers and protection of foot passengers; that it should be kept accommodated with not less than twenty lamps, which should be well supplied with oil, and lighted in due season, and kept burning until midnight; that there should be made a good and sufficient draw or passage way, at least thirty feet wide, in the channel over which said bridge should be built, proper for the passing and repassing of vessels, through which vessels might pass free of toll; that there should be erected at said draw and maintained in good repair, a well constructed and substantial pier or wharf on each side of the bridge, and adjoining to the draw, every way sufficient for vessels to lie at securely; that the draw should be lifted for all vessels. without delay and without toll, except for boats passing for pleasure; that the proprietors might make the leaves of the draw twenty feet long, instead of the width of the bridge; and that the bridge should be kept in good, safe and passable repair for the term of seventy years from the day of the first opening of the bridge for passengers, and at the expiration of said term should be surrendered to the commonwealth, who should be deemed the successor of the corporation. thorized to franchise and city of Boston. 1831, 71, § 1. 3. On the 23d of June, 1831, after the Boston Free Proprietors auBridge had been built, and the Boston South Bridge was transfer the greatly diminished in value, in consequence thereof, an act materials to the was passed, authorizing and empowering the proprietors of the Boston South Bridge to sell, assign, and transfer to the city of Boston, the franchise and materials of said Boston South Bridge, to have and to hold the same to the said city and its successors forever; provided, that no toll or duty To be toll free. should ever be exacted or paid for any travel over said bridge, or passing the draw of the same, and the said city should. always be held liable to keep said bridge and draw in good repair, and to raise the draw of said bridge, and afford all necessary and proper accommodation to vessels that have occasion to pass the same by night or by day, and should keep said bridge sufficiently lighted. This act also au- Provision for thorized the proprietors to surrender the franchise to the commonwealth, commonwealth, in case the city of Boston should not, be- ibid, $2 fore the 15th of September in the same year, pay them such sum as should be agreed upon, and receive a transfer. surrender to in case, &c. discontinuance 4. By an additional act, passed March 16, 1832, the Provision for proprietors of the Boston South Bridge were authorized to of the bridge, in case, &c. 1832, 136, § 1. Transfer of Boston South Bridge to the city. City Records, vol. 10. pp. 78, 97. Records of Suf folk deeds. Lib. 360, fol. 50. Boston Free tion. Authority to build a bridge. 1825, 147, § 1, 2. discontinue said bridge, as a pass way, and at any time. between the passing of this act, and the first day of August then next, if the city of Boston, before the first day of May then next, should not pay to said proprietors such sum of money as might be agreed upon by them and the said city, for a transfer and assignment of the franchise and materials of said bridge, as above provided, and to take up and remove the materials. 5. On the 12th of March, 1832, the joint committee of the city council upon the subject was authorized to agree with the proprietors of the Boston South Bridge for the purchase of their franchise. On the 2d of April they made their report, that the proprietors offered to sell, for a sum not less than thirty-five hundred dollars; and recommended that the offer be accepted. This report was accepted by the city council. A vote was passed by the corporation, April 19, 1832, authorizing the president and clerk to execute a deed to the city; and a deed was executed accordingly, dated April 19, in consideration of $3500, conveying to the city of Boston and its successors "all that the franchise and also all the materials of the Boston South Bridge, together with the buildings, rights, wharves and real estate of the said corporation, and every part and parcel thereof, whatsoever the same may be, and wheresoever situate, with all the privileges, appurtenances and immunities of every description to the granted premises and any part thereof in any wise appertaining,"-" subject nevertheless always to all the provisoes, terms, duties, conditions and tenure in the aforesaid acts of the said commonwealth set forth and expressed." BOSTON FREE BRIDGE. 6. The Boston Free Bridge Corporation was incorporBridge Corpora- ated March 4, 1826. The corporation was authorized and empowered to build and construct, or cause to be built and constructed, a free bridge, with one or more suitable and sufficient draws, across the water and over the channel, in or near a direction in a straight line from or near Sea street, in Boston, to the newly made land at South Boston, and nearly in the direction of the Dorchester turnpike, and to erect a wharf or pier on each side of said bridge, near said draws, for the accommodation of vessels passing through said bridge; such bridge and wharves to be built in such manner as the city government of Boston should approve Provided, however, that said corporation should be holden to make compensation to any person, or corporation, whose land should be appropriated to the use of said bridge. posed upon the Ibid, § 3. 7. It was further enacted that no toll or duty should Obligations imever be exacted or paid, for any travel over said bridge, or corporation. passing the draws of the same; and that said corporation should always be held liable to keep said bridge and draws in good repair, and to raise the draw of said bridge, and afford all necessary and proper accommodation to vessels, that should have occasion to pass the same by night or by day, and should keep said bridge sufficiently lighted; and if any vessel should be unreasonably delayed or hindered in passing said draw, by the negligence of said corporation or their agents, in discharging the duties enjoined on them by this act, the owners or commanders of such vessels should recover reasonable damage therefor, of said corporation, in an action on the case, before any court proper to try the same; and if the said corporation should not, within three years from the passing of this act, locate, construct, build, and complete said bridge, agreeably to the provisions of this act, then the act should be null and void: Provided, that whenever the city government of Boston obligations to should assume the care and obligations of keeping said bridge in repair, lighting the same, and providing facilities as me the care for raising said draw or draws, as aforesaid, then the obligations imposed on said corporation to that effect, should be annulied, and the same should devolve on the said city government; in which case the damages mentioned in this section should be sued for, before any court proper to try the same, in either of the counties of Middlesex or Essex. But unless the city government should assume the care and obligations aforesaid, the said corporation, before commencing the building of said bridge, should furnish ade devolve on city government, when they shall of bridge. |