monwealth to said island and arsenal, upon such terms and considerations, as, in their judgment, the interests of the commonwealth may require. stones to be Island, without 1818, 4. 6. No earth or stones shall be taken from the island, No earth or called Bird Island, in Boston harbor, in the county of Suf- taken from Bird folk, without license first had and obtained of the mayor license. and aldermen of the city of Boston, for that purpose, 1821, 110, § 13. in writing, by the person taking the same, specifying the quantity allowed to be removed, and the object of removing it. And every person, who, without permission Penalty obtained as aforesaid, shall remove any earth or stones from the said island, in any boat, or in any ship or vessel whatsoever, shall forfeit and pay for each offence, the sum of twenty dollars to the use of the said city, to be recovered Ibid, § 1, 13. by the mayor and aldermen of the said city, by an action of debt in any court proper to try the same. rying away &c., from islands in the harbor. 1834, 168, § 1. 7. If any person shall wilfully carry away, from any Penalty for carisland within the harbor of Boston, or from any beach adja- earth, gravel, cent thereto, any earth, gravel, stone, or other material composing such island or beach, without the consent of the owner thereof, the person or persons so offending shall forfeit and pay, for each offence, to the use of the commonwealth, a sum not exceeding one hundred dollars, nor less than five dollars, to be recovered by indictment in any court competent to try the same; provided, that this act shall not be construed to prevent the taking of shell fish from such islands and beaches. 1 1 The act of 1845, ch. 117, imposed a penalty on any person who should take, carry away or remove any stones, gravel or sand, from beaches in the town of Chelsea. In the case of Commonwealth v. Tewksbury, (11 Metc. 55) it was held that this act was passed for the purpose of protecting the harbor of Boston, and extended as well to the owners of the soil as to strangers; but that it was not such a taking of private property and appropriating it to public uses, within the meaning of the Declaration of Rights, art. 10, as to render it unconstitutional and void, although no compensation was therein provided for the owners. By the act of 1846, ch. 206, the first mentioned act was repealed as to part of said Tewksbury's beaches in Chelsea, and $500 were ordered to be paid him out of the treasury of the commonwealth, "as an indemnity for the loss suffered by him under the operation of said act, by reason of being unnecessarily debarred from the use of his land, for the purpose, as was intended, of securing the harbor of Boston." See also act of 1847, c. 168. Penalty for building a fire Line in the har bor from Free 8. If any person shall wilfully build a fire on Spectacle Island, in the harbor aforesaid, without the consent of the owner or owners thereof such person shall suffer the like forfeiture, and to be recovered and appropriated in like manner as is provided in the preceding section. HARBOR LINES. 9. By an act passed April 19, 1837, the line described bridge to War in the following section, from the Free Bridge in the harbor ren bridge established. of Boston to Warren Bridge in said harbor, was established as one of the lines in said harbor, beyond which no wharf or pier should ever be extended into and over the tide water of the commonwealth. 1 1837, 229, § 1. Description of 10. The said line begins at the east end of the north abutment of the Free Bridge, and runs straight to the southerly corner of Brown's wharf; thence, by the end of the same, and of Wright's four wharves, fronting on the channel, to the east corner of Wright's northeast wharf; thence, on a straight line, to the south corner of Wales's wharf, and by the end to the east angle of the same; thence This portion of from this last point straight to the south corner of Arch the line fixed by 1850, 216. wharf; the line then follows the end of the last and Otis's wharf to the east corner of the last; the direction is then straight to the southeast angle of Foster's south wharf; then straight to the south corner of Rowe's wharf. From this point in a straight direction to the south corner of Long wharf; thence straight to the south angle of the advanced part of the said wharf, and by the end of the same to the east corner thereof; thence the line is straight to the east end of Union wharf. From the last point straight to the southeast corner of Battery wharf. Here the three next lines commence to advance further into deep water than the following wharves, to the west corner of Gray's, and are thus drawn through the southeast angle of Battery 1 A building which extends into the harbor of Boston, beyond the commissioners' line established under the acts of 1837, ch. 229, and 1840, ch. 35, and which is also below low water mark, and an obstruction to the navigation, is a public nuisance, notwithstanding it was erected previous to the passing of those acts. Garey v. Ellis, (1 Cushing's R. 306.) and the west corner of Gray's wharf; a circular arc is not to be extend 11. It was prescribed by the said act, that no wharf, Wharves, &c., pier or building, or incumbrance of any kind should ever be ed beyond the extended beyond the said line into or over the tide water 1837, 229, § 3. in said harbor. line. 1850, 216, 2. be extended to without leave. 1837, 229, § 4. 1850, 216, 3. 12. It was also prescribed that no person should en- No wharf, &c., to large or extend any wharf or pier, which was then erected wards the line on the inner side of said line, further towards the said line than such wharf or pier then stood, or than the same might have been lawfully enlarged or extended before the passing of the said act, without leave first obtained from the legislature. No wharf, &c., to be erected or extended in the harbor. 1837, 229, § 5. Penalty. 13. No person shall in any other part of the said harbor of Boston, belonging to the commonwealth, erect or cause to be erected any wharf or pier, or begin to erect any wharf or pier therein, or place any stones, wood or other materials in said harbor, or dig down or remove any of the land covered with water at low tide, in said harbor, with intent to erect any wharf or pier therein, or to enlarge or extend any wharf or pier now erected; provided, however, that nothing herein contained shall be construed to restrain or control the lawful rights of the owners of any lands or flats in said harbor. 14. Every person offending against the provisions of the five preceding sections, shall be deemed guilty of a misdemeanor, and shall be liable to be prosecuted therefor, by indictment or information in any court of competent jurisdiction, and on conviction shall be punished by a fine not less than one thousand dollars, nor more than five thousand Erection may be dollars, for every offence, and any erection or obstruction which shall be made, contrary to the provisions and intentof said five preceding sections, shall be liable to be removed and abated as a public nuisance, in the manner heretofore provided for the removal and abatement of nuisances on the public highways. abated as a nuisance. 15. By an act passed March 17, 1840, the lines described in the four following sections were established as the lines of the channel of the harbor of Boston, beyond which no wharf or pier should ever be extended into and over the tide water of the commonwealth. 16. The line between South Boston free bridge and the old South Boston bridge on the north side of the channel, begins at the east end of the north abutment of the South Boston free bridge, and runs westerly to the east corner of Wright's wharf, at the westerly side of said bridge, being forty-six feet from the west end of said abutment; thence westerly till it meets the northeasterly corner of the first wharf belonging to the South Cove Corporation; thence southerly by the ends of the wharves of said corporation, as now built, to Heath's wharf, and by the end of Heath's wharf to the southerly corner thereof: thence southerly to South Boston old bridge, by a line drawn at right angles with said bridge, from a point two hundred and ninety-three feet westerly, from the westerly side of the draw of said bridge. The line on the south side of the channel begins on the north side of South Boston old bridge, at a point one hundred and seventeen feet easterly from the westerly side of the draw in said bridge, and four hundred and seventy-four feet westerly from the range line of the westerly side of the brick building standing at the corner, on the easterly side of First street and northerly side of Fourth street, and four hundred and thirty feet from the face of the east stone abutment of said bridge: thence running northerly to the southwesterly corner of Alger's wharf; thence by the end of said wharf to the northerly corner of the same; thence northeasterly to the wharf belonging to the South Boston Iron Company, thence to the end of George C. Thacher's large wharf, and by the same to the northwest corner of said Thacher's small wharf; and thence easterly by said small wharf, sixty-four feet to South Boston free bridge, at a point forty-three feet northerly, from the south stone abutment of said bridge; thence southerly by the westerly side of said bridge forty-three feet to the said abutment; thence easterly by said abutment to the east end of the same: the said line then extends five hundred and twenty feet straight, so as to form an angle with said bridge of seventy-five degrees: from this point, the line is straight in a northerly direction, in such position, that, if it is continued straight, it shall not approach within six hundred feet of Arch wharf. Warren bridge, and Mill Dam. 17. The line between the Warren Bridge and the Bos- Lines between ton and Roxbury Mill Dam, on the Boston side of the (Boston side,) channel, begins at the easterly end of the south abutment Ibid, $3. of Warren Bridge, and runs by the face of said abutment, to the west angle of the same. From this the line is straight to the northern angle of the solid part of the Boston and Lowell Railroad ground; the line then continues in the same direction, running westerly, till it meets the north-easterly side of the bridge of the Boston and Lowell Railroad Corporation, at a point sixty-five feet from the |
