Compensation for land taken. Ibid, § 4. City of Boston at liberty to quate security, to the satisfaction of the said city government, for the due performance of the obligations and duties imposed on said corporation by the provisions of this act. 8. The fourth section provided for the mode of recovery of compensation for land taken. 9. It was further enacted, that if the city government erect said bridge. of Boston should, within three months from the passing lbid, § 5. of this act, determine, by a concurrent vote of both branches. of the said city government, to erect said bridge, they should be at liberty so to do, on the same terms and conditions as said Boston Free Bridge Corporation were otherwise, by the provisions of this act, authorized to erect the same.1 Surrender of the Free Bridge, &c. City Records, vol. 6, p. 262. lbid, p. 306. 10. On the 5th of February, 1827, the city council passed a resolve, that, in case the Boston Free Bridge Corporation should build a bridge, such as the city council should direct and approve, and should locate it to the satisfaction of said council, it would be expedient for the city to accept the same; and to assume the care and obligation of keeping said bridge in repair, and to provide for lighting the same, and for raising the draw or draws thereof as long as South Boston should remain a part of the city of Boston, upon such terms and conditions as should be required by the city council. On the 11th of August, 1828, a committee was appointed by the city council, with full power to accept from the Boston Free Bridge Corporation the surrender of the free bridge, with its abutments, on the compliance by the corporation with the terms and conditions. prescribed, and to submit all matters in dispute to arbitration. The committee reported, October 7, 1828, that they had submitted the same to the arbitration of Loammi Baldwin, Samuel Hubbard and Willard Phillips, Esquires, who had made an award; and that the requisite deeds had been delivered, on the second of October, and the sum of sixteen hundred and seven dollars, paid to the city by the corporation, upon which delivery and payment, the obliga 1 This act repealed a previous act, passed Feb. 25, 1825, (1824, c. 115,) establishing a free bridge. folk deeds. tion of the care and superintendence of the bridge and streets devolved upon the city, by force of said award. The corporation also gave notice of their election to complete the northerly abutment, and claimed the return of four hundred and seventy-four dollars, according to the award, which was returned accordingly. By the deed of Records of Sufthe corporation, which was executed by Francis J. Oliver, Lib. 331, fol. 13. the president, on September 26, 1828, pursuant to a vote of the corporation, passed September 24, the Boston Free Bridge Corporation surrendered and conveyed the said bridge and abutments, wharves, &c. to the city of Boston, upon the terms and conditions on which the said city agreed to accept the same, by the resolve of February 5, 1827; and also assigned to the city a deed from Gardner Greene, dated August 21, 1828, and a deed from John T. Apthorp and others, dated August 1, 1828, and conveyed to the city all the lands and flats and rights and privileges acquired thereunder. authorized to wharves or sides of the Free Bridge. 11. By a subsequent act, the city of Boston is author- City of Boston ized to construct and maintain such wharves or piers, on maintain either or both sides of the Free Bridge mentioned in the piers, on both act of 1825, c. 147, (§§ 6, 7, above) as shall be necessary for the preservation and safety of said bridge, provided, however, that the said wharves or piers shall not extend in width from the sides of said bridge more than twenty-five feet. 1830, 121, § 1. jury to bridge, Ibid, § 2. 12. If any person shall wilfully do any injury or dam- Penalty for inage to said bridge, said wharves or piers, or shall disturb &c. or hinder the said city in the occupation of said wharves or piers, for the purpose aforesaid, the person so offending shall forfeit and pay, for each offence, a penalty not less than fifty dollars, nor more than one hundred dollars, to the use of the commonwealth, to be recovered by indictment, or information in any court of competent jurisdiction, and such person so offending shall be further liable to answer in damages to the city of Boston, provided, that nothing in this act shall be construed as intending to impair or affect the lawful rights of any person whatsoever. Right to use wharves, &c. shall cease, in Wharves, &c. not to be within wharves, &c. 1831, 46. 13. Whenever the wharves or piers erected, or which shall be erected by the authority of the said act, shall be used or improved for any purpose or purposes than those therein specified, all right and authority to maintain them shall cease, and be void. 14. No part of the wharves or piers, which the city of forty feet of other Boston is authorized to construct by virtue of the act last cited, shall be maintained within the distance of forty feet of any wharf or pier which shall have been or may hereafter be lawfully constructed by any individual or individuals. City of Boston authorized to CHELSEA POINT BRIDGE. 15. By an act passed April 17, 1849, the city of Bospurchase Chelton was authorized and empowered to purchase the franchise of Chelsea Point Bridge, with all the rights and property incident thereto. sea Point Bridge. 1849, 106, § 1. A highway authorized to be laid out over said bridge. Ibid, $2. Proviso. Highway au thorized over certain tide waters. Ibid, $ 3. 16. The mayor and aldermen of the city of Boston, as county commissioners therein, were 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 March 15, 1848, to perform the duties of county commissioners, as in said order specified, or those at any time thereafter holding the like authority, were 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 Chelsea Point Bridge shall be first obtained. 17. The commissioners appointed by the court of common pleas, as aforesaid, or those who might thereafter be appointed to the like authority, were 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. CHELSEA FREE BRIDGE. laid out over Bridge and the thereat. 18. By another act, passed April 17, 1849, the mayor Highway to be and aldermen of the city of Boston as county commissioners Chelsea Free therein, were authorized and empowered to lay out and tide waters construct a highway over so much of Chelsea Free Bridge, 1849, 109, § 1. and the tide waters thereat, as are within the city 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 October 16, 1848, to perform the duties of county commissioners, as in said order specified, or those at any time thereafter holding the like or similar authority, were 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 Bridge, how to and 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 Draw. wide, with proper piers above and below said draw, for the accommodation of vessels passing through the same.1 1 By a resolve of the mayor and aldermen, passed May 6, 1850, so much of the Chelsea Free Bridge as is within the city of Boston, was taken and laid out as a public highway, in the way and manner that the same was then made. 1842, c. 48; For acts in relation to Charles River and Warren Bridges, see 1784, c. 53; 1791, c. 62; 1792, c. 21, 87; 1795, c. 76; 1799, c. 41; 1827, c. 127; 1832, c. 170; 1833, c. 219; 1834, c. 131; 1835, c. 155; a resolve, passed April 16, 1836; 1841, c. 88; and 1850, c. 40. For West Boston, Canal 1792, c. 21, 87; 1795, c. 76; 1799, c. 41; 1803, c. 100; 1806, c. 88; 1807, c. 61; 1809, c. 112; 1819, c. 75; 1822, c. 19; 1846, c. 146; 1848, c. 120; and 1850, c. 257. and Hancock Free Bridges, see 1791, c. 62; For Boston and Roxbury Mill Corporation, (Mill Dam,) see Stat. 1814, c. 39; 1816, c. 40; 1819, c. 65; 1822, c. 34; 1824, c. 26; 1833, c. 120. be maintained. Superintendents of Boston South ton Free Bridge to be chosen. May 6, 1850. ORDINANCE OF THE CITY. SECT. 1. In the month of January or February, annually, Bridge and Bos- there shall be chosen, by concurrent vote of the city council, to be first voted upon by the mayor and aldermen, a superintendent of the Boston South Bridge, and also a superintendent of the Boston Free Bridge, who shall each hold his office until removed or a successor be appointed, and shall receive such compensation for his services as the city council shall authorize and establish; and shall be removable at the pleasure of the city council. And in case either of said offices shall become vacant by death, resignation or otherwise, a successor shall be forthwith chosen in the manner above described. Their duties. SECT. 2. It shall be the duty of the superintendent of the Boston Free Bridge to take charge of the said Free Bridge, and it shall be the duty of the superintendent of the Boston South Bridge to take charge of the said South Bridge. And each superintendent shall take charge of the bridge of which he is superintendent, by night and by day, and cause the draw thereof to be opened at all times, when required for the free passage of vessels, and to cause the same to be closed, forthwith, and with all possible expedition, not permitting more than one vessel to pass at any one opening of the draw, unless the bridge shall be free of passengers while the draw is up, in which case, he shall use his discretion as to the number of vessels to be permitted to pass, prior to the closing of the said draw. And each superintendent shall take care of the bridge of which he is superintendent, and of the abutments and wharves, connected therewith, and shall see that at all times they are in a safe and satisfactory condition, and free of all incumbrances; that the lamps thereon are well lighted, that the railing and planks are in good order, and the snow and ice removed from the sidewalks in winter; subject at all times to the authority, control and direction of the mayor and aldermen for the time being, relative to the duties hereinbefore expressed, and also relative to any other duties respecting said bridges and wharves, and the abutments connected |