of at least four tons weight, and in each end of said four spars shall be placed a suitable iron ringbolt for fastening vessels thereto. draw to be SECTION 2. The said proprietors shall plank up the inside Inside of the of said draw piers with planks, not exceeding three inches planked. in thickness, running lengthwise, the whole length of said piers. said planking to be three feet in width, and the top of it eighteen inches above common high water. ments to be the proprietors SECTION 3. The additions and improvements mentioned These improvein the first two sections shall be made and maintained by maintained by the proprietors of said bridge, constantly, hereafter, during of the bridge. the whole of each navigable season on said river, so long as said bridge is maintained. rights of proper SECTION 4. The said draw and piers, as now constructed, Confirmation of and with the additions and improvements aforesaid, be, and ty to the proprithey are hereby confirmed to the proprietors of said bridge, etors. any thing in any preceding acts to the contrary notwithstanding. [1853, 113.] [Special Laws, vol. 1, p. 223.] April 4, 1849. AN ACT in addition to "An Act incorporating the Wardens and Vestry Chap. 71. of Christ Church, (so called,) in Boston, for certain purposes." Be it enacted, &c., as follows: have the same ers, which are The Wardens, the Rector, Wardens and Vestry, and the Corporators to Wardens and Vestry of Christ Church, in the city of Boston, rights and pow shall have the same respective corporate rights and powers given to church which are given to the church wardens, the rector, church wardens, &c. wardens and vestries, and the church wardens and vestries, respectively, of all churches or religious societies, by the twentieth chapter of the Revised Statutes of this Commonwealth, notwithstanding any thing to the contrary, contained in the act, entitled "An Act incorporating the Wardens and Vestry of Christ Church (so called) in Boston, for certain purposes," passed January the thirtieth, in the year one thousand seven hundred and eighty-nine. April 4, 1849. AN ACT to authorize Joshua Lewis and Benjamin Lewis to build a Wharf. Chap. 72. Be it enacted, &c., as follows: width. Joshua Lewis and Benjamin Lewis are hereby authorized Location. to build and maintain a wharf, from their own land adjoining the harbor of Provincetown, and to extend said wharf to low- Extent and water mark, not exceeding fifty feet in width, and shall have the right to lay vessels at the sides and ends thereof, and receive wharfage and dockage therefor: provided, this grant shall in no wise impair the legal rights of any persons April 4, 1849. whatever. [1855, 250.] Proviso. Chap. 73. Time for locating and building ex year. [1848, 160.] AN ACT concerning the Waltham and Newton Branch Railroad. Be it enacted, &c., as follows: The time for locating and constructing the Waltham and tended for one Newton Branch Railroad is hereby extended one year from the period fixed in the act of incorporation, passed April the twenty-first, in the year one thousand eight hundred and forty-eight. Chap. 75. Wharf in Hyannis. Proviso. Proviso. Chap. 76. Location. Proviso. Proviso. [1849, 223.] April 4, 1849. AN ACT to authorize Frederick Scudder and others to build a Wharf. Be it enacted, &c., as follows: Frederick Scudder and his associates are hereby authorized to build and maintain a wharf, from their land in the harbor of Hyannis, and to extend said wharf nine hundred feet provided, the same shall not obstruct the safe anchorage of vessels in the harbor, and shall not exceed one hundred and sixty feet in width; and shall have the right to lay vessels at the end and sides of said wharf, and receive wharfage and dockage therefor: provided, that this act shall not interfere with the legal rights of any person whatever. April 4, 1849. AN ACT to authorize Richard Taylor and others to build a Wharf. Be it enacted, &c., as follows: Richard Taylor, and his associates, are hereby authorized to build and maintain a wharf, from their land, at a place called Stage Harbor, in Chatham Neck, and to extend said wharf three hundred feet: provided the same shall not occupy the channel, so as to obstruct vessels, and shall not exceed sixty feet in width; and shall have the right to lay vessels at the end and sides thereof, and receive wharfage and dockage therefor: provided, that this act shall not interfere with the legal rights of any person whatever. April 4, 1849. Chap. 77. AN ACT to authorize Laban Snow, Junior, and others, to build a Wharf Be it enacted, &c., as follows: Location. Length and width. Proviso. in Harwich. Laban Snow, Junior, and his associates, are hereby authorized to build and maintain a wharf from their premises adjoining the harbor, called Marsh Bank, in the town of Harwich; said wharf not to exceed six hundred feet in length, and sixty feet in width, except that the pier at the lower end may be one hundred and fifty feet in width; and to lay vessels at the sides and end thereof, and receive wharfage and dockage therefor: provided, said wharf shall not extend into the channel of said harbor so as to impede the navigation thereof, and that this act shall in no way interfere with the legal rights of any person or persons whatever. April 4, 1849. AN ACT authorizing Loring Crocker, and others, to build a Dyke across Be it enacted, &c., as follows: Chap. 78. Loring Crocker, Waterman Eldridge, Thomas Smith, Mary Tobey, Nathaniel Holmes, E. H. Eldridge, E. T. Cobb, and Heman Foster, of Barnstable, in the county of Barnstable, their heirs and assigns, are hereby authorized to build and maintain a dyke across Rendezvous Creek, so called, in the north part of said town of Barn- Location. stable, from the land of the said Waterman Eldridge and E. H. Eldridge, to land of said Cobb and Smith, with the privilege of letting the water in and out at pleasure, by a sluice constructed for that purpose: provided, that said Proviso. dyke shall be at least sixteen feet wide at its top. April 4, 1819. AN ACT to authorize Anthony Killey and others, to build a Wharf. Be it enacted, &c., as follows: width. Chap. 79. Anthony Killey and his associates, are hereby authorized Location. to build and maintain a wharf, from their land adjoining the harbor known by the name of Shad Hole, in the town of Dennis, said wharf not to exceed five hundred feet in Length and length and sixty feet in width, except the pier at the lower end, which may be two hundred feet in width, and shall have the right to lay vessels at the sides and end thereof, and receive wharfage and dockage therefor: provided, said Proviso. wharf shall not extend into the channel of said harbor so as to impede the navigation thereof, and that this act shall in no way impair the legal rights of any person or persons whatever. April 4, 1849. [1835, 197.] AN ACT to change the Name of the Scituate Institution for Savings. Be it enacted, &c., as follows: Chap. 80. The Scituate Institution for Savings may take and hereafter Name. be known by the name of the South Scituate Savings Bank. [1844, 17.] April 4, 1849. Chap. 82. AN ACT to establish a Fire Department in the Town of Dorchester. Be it enacted, &c., as follows : duties. A fire department is hereby established in the town of Dorchester, subject to all the duties and liabilities, and with Powers and all the powers and privileges, set forth and contained in an act entitled, "An Act to regulate Fire Departments," passed on the ninth day of April, in the year one thousand eight hundred and thirty-nine. April 5, 1849. Chap. 83. Time for filing location extended one year. Chap. 85. Location. Proviso. Chap. 86. Powers and du [1848, 296, 297.] AN ACT concerning the Union Railroad Company. The time allowed for filing the location of the Union. An ACT to authorize Lot Paine to build a Wharf. Be it enacted, &c., as follows: Lot Paine is hereby authorized to build and maintain a wharf from his land adjoining the harbor of Provincetown, and to extend said wharf to low-water mark; and shall have the right to lay vessels at the side and end thereof, and receive wharfage and dockage therefor: provided, this act shall not, in any manner, impair the legal rights of any person or persons whatever. April 5, 1849. AN ACT to establish a Police Court in the Town of Lynn. SECTION 1. A police court is hereby established in the ties of the justice. town of Lynn, to consist of one learned, able, and discreet person, to be appointed and commissioned by the governor, pursuant to the constitution, to take cognizance of all crimes, offences, and misdemeanors, committed within the town of Lynn, whereof justices of the peace now have, or may have jurisdiction. And the court hereby established shall hear and determine all suits, complaints and prosecutions, in like manner as is by law provided for the exercise of the powers and authority which are, or may be, vested in justices of the peace, and shall do all acts necessary to, and consistent with, such powers and authority. Appeals.) And the said police court shall also have original jurisdiction and cognizance of all suits and actions which may now, or at any time hereafter, be heard, tried, and determined, before any justice of the peace in the county of Essex, and exclusive jurisdiction, whenever all the parties reside in Lynn, and service of the writ is had on the defendant in said county; and no writ, in any such suit or action, shall be made returnable before any justice within said town of Lynn, but to said police court only; and an appeal shall be allowed from all judgments of said police court, in like manner, and to the same extent, that appeals are now allowed by law from judgments of justices of the peace; and the justice of said police court shall not be of counsel or attorney to any party in any matter or thing whatsoever, which may be pending in said court. returning war SECTION 2. All warrants issued by said court, or by any of issuing and justice of the peace within said town, shall be made return- rants. able, and be returned, before said court; and if any warrant shall be issued by any justice of the peace, returnable before said court, the lawful fees payable therefor shall not be paid Fees. or allowed, unless on examination or hearing, before said court, it shall appear that there was reasonable cause for issuing said warrant; in which cases, such fees and costs shall be allowed and taxed, in like manner, as though said warrant had been issued by a justice of the peace, according to the law now in force. ures, and costs; SECTION 3. All fines and forfeitures, and all costs in Of fines, forfeitcriminal prosecutions, which shall be received by, or paid how' accounted into, the hands of the justice of said court, shall be by him for. accounted for and paid over to the same persons, in the same manner, and under the same penalties for neglect, as are by law prescribed in the case of justices of the peace; and all costs in such prosecutions, not thus received, shall be made up, taxed, certified, and allowed, and shall be paid and satisfied in like manner as is provided by law in cases of justices of the peace. SECTION 4. The costs taxed, allowed, and certified, by the costs. special justices, shall be paid to the standing justice. where to be held. SECTION 5. A court shall be held by said justice, at Court, when and some suitable and convenient place to be provided at the expense of said town of Lynn, on two several days of each week, at nine o'clock in the forenoon, and as much oftener as may be necessary, to take cognizance of crimes, offences, and misdemeanors, and, on one day in each fortnight, at ten o'clock in the forenoon, and may be adjourned, from day to day, by the justice thereof, and at such other times as may be necessary, for the trial of civil suits and actions; and Rules. the justice of said court shall, from time to time, establish all necessary rules for the orderly and uniform conducting of the business thereof. treasurer. SECTION 6. The justice of said court shall, twice in of paying fees to every year, account for, and pay over to, the treasurer, of the said town of Lynn, all fees, of every description received by him, which are, in other cases, retained by justices of the peace, in the course of his judicial proceedings, civil or criminal. SECTION 7. The justice of said court shall keep a fair Record. record of all proceedings in said court, and shall make return, to the several courts, of all legal processes and of his doings therein, in the same manner as justices of the peace are now by law required to do; and he shall also Account of fees annually, in the month of January, exhibit, to the selectmen received. |