Water supply for the Troy and Greenfield Railroad in North Adams. Proviso. May dig up land and highways. CHAPTER 184. AN ACT TO ENABLE THE COMMONWEALTH TO SECURE CERTAIN SECTION 1. For the purpose of obtaining a supply of water for the Troy and Greenfield Railroad in the town of North Adams, authority is hereby granted to the manager of the Troy and Greenfield Railroad and Hoosac Tunnel, acting for the Commonwealth and with the approval of the governor and council, to enter upon the lands, public highways, and streets hereinafter mentioned in said town, and to take possession of and appropriate to the use of the Commonwealth, all that certain line of aqueduct pipe already laid in and through said lands, highways, and streets, and extending from the reservoir situate on lands of the Commonwealth near the western portal of Hoosac Tunnel to the Arnold Print Works in said town: that is to say, -the line of location of said aqueduct commences at the outlet of said reservoir, and thence runs in a northwesterly direction through lands of Charles A. Brown to the old highway from North Adams to Pittsfield; thence in a westerly direction in and through said highway to Ashland Street; thence in a northerly direction in and through Ashland Street to Summer Street; thence in a westerly direction in and through Summer Street to State Street; thence in a north-easterly direction in and through State Street to Main Street; thence in a north-westerly direction in and through Main Street to Marshall Street; thence in a north-easterly direction in and through Marshall Street to the Arnold Print Works. The Commonwealth and its assigns shall have full power and authority forever to maintain the said aqueduct in the position where it is located: provided, however, that the authority conferred by this Act shall not be full and effectual until the consent of the selectment of said town of North Adams to the location and construction of said aqueduct through the highways and streets aforesaid shall have been first obtained, and a certificate thereof filed with the town clerk of said town. SECT. 2. Full power and authority is given to the said manager or of private owner other proper agents of the Commonwealth, at any and all times to enter upon and dig up the earth, the land of any private land owner, and in any of the highways and streets above mentioned for the purpose of repairing or reconstructing any portion of said aqueduct, provided in so doing no unnecessary interference or obstruction shall be occasioned to the public travel. Damages. SECT. 3. Any person through whose lands said aqueduct and pipes are laid, and with whom the manager of the Troy and Greenfield Railroad and Hoosac Tunnel is not able to agree as to the damages which shall be paid to said land holder for injury caused by the taking and use of said lands for aqueduct purposes, may, upon application to the county commissioners of Berkshire County, within three years after the filing of the location of said aqueduct in the office of the town clerk of North Adams, as above prescribed, have his damages estimated in the manner provided with reference to the laying out of highways; and said county commissioners shall, if requested by said land holder, require said manager to give security to their satisfaction for the payment of all damages which may be awarded by them or by a jury for the land or other property taken; and said manager shall be re-imbursed for any damages and costs so paid by him, in so far as he is not otherwise re-imbursed out of the unappropriated earnings of the Troy and Greenfield Railroad and Hoosac Tunnel. water by the Print Works. SECT. 4. The manager of the Troy and Greenfield Railroad and Mutual use of Hoosac Tunnel may, with the approval of the governor and council, Commonwealth make any contract with or modify any existing contract with the and the Arnold Arnold Print Works, whereby there shall be prescribed the terms and conditions on which the Commonwealth and said Arnold Print Works may respectively and mutually use the said aqueduct and through the same take water from said reservoir, or in case of the suspension or discontinuance of the use of said aqueduct by either party what remuneration if any shall be made to that party for any disproportionate outlays or expenses. SECT. 5. This Act shall take effect upon its passage. April 29, 1882. CHAPTER 185. AN ACT TO AUTHORIZE AND REQUIRE THE COUNTY COMMIS- draw in Rocks SECTION 1. The county commissioners for the county of Essex are Re-location and authorized and required, within two years after the passage of this construction of Act, to re-locate and re-construct of a width of not less than fifty Bridge. feet, subject to the approval of the board of harbor and land commissioners, the draw in Rocks Bridge, which crosses the Merrimack River between the city of Haverhill and the town of West Newbury, including suitable pier approaches thereto; and the said county commissioners are authorized to hire such sums of money as may be necessary to comply with the provisions of this Act. SECT. 2. This Act shall take effect upon its passage. April 29, 1882. CHAPTER 186. AN ACT TO INCORPORATE THE DUXBURY BRIDGE COMPANY. SECTION 1. Oliver L. Briggs, C. C. Sanderson and Stephen N. Corporators. Gifford, their associates and successors, are made a corporation by the name of the Duxbury Bridge Company, with all the powers and Powers and privileges and subject to all the duties, liabilities, and restrictions set forth in all general laws which now are or hereafter may be in force relating to such corporations. duties. SECT. 2. Said corporation is authorized to construct a pile bridge May construct across the waters of the harbor of the town of Duxbury commencing Duxbury bridge across at some point on Powder Point, so called, and extending easterly in a harbor. straight line to Salter's Beach, so called; and to purchase and hold such real and personal estate as may be necessary and convenient for that purpose. SECT. 3. The capital stock of said corporation shall not exceed Capital stock twenty-five thousand dollars, divided into shares of one hundred and shares. dollars each. wide, and have SECT. 4. The bridge hereby authorized to be constructed shall be Bridge shall be well built of suitable materials, shall be at least twenty feet wide, and twenty feet floored with planks, shall have sufficient railings on each side, and a suitable draw. shall have a suitable draw, for the passage of vessels, at least twenty Proviso. four feet in width, with proper fender piers, and shall be kept in good repair at all times: provided, however, that the structure so authorized Pub. Sts. ch. 19, shall be built subject to and in accordance with the provisions of sec§ 8. tion eight of chapter nineteen of the Public Statutes. April 29, 1882. "Brockton Water Loan" not to exceed $220,000. St. 1878, ch. 124, § 4. Proviso. Subject to acceptance. CHAPTER 187. AN ACT TO AUTHORIZE THE CITY OF BROCKTON TO MAKE SECTION 1. The city of Brockton, for the purposes mentioned in section four of chapter one hundred and twenty-four of the Acts of the year eighteen hundred and seventy-eight, may issue notes, bonds, or scrip from time to time, signed by the treasurer and countersigned by the mayor, to be denominated on the face thereof "Brockton Water Loan," to an amount not exceeding fifty thousand dollars, in addition to the amounts heretofore authorized by law to be issued by the town of Brockton for the same purposes; said notes, bonds, or scrip to be issued upon the same terms and conditions, and with the same powers as are provided in said Act for the issue of the "Brockton Water Loan" by the town of Brockton: provided, that the whole amount of such notes, bonds, or scrip issued by said city, together with those issued by said town for the same purposes, shall not in any event exceed the amount of two hundred and twenty thousand dollars. SECT. 2. This Act shall take effect upon its acceptance by a vote of two-thirds of all the members of each branch of the city council of said city of Brockton. April 29, 1882. May take real estate in Hop kinton. CHAPTER 188. AN ACT TO AUTHORIZE THE MILFORD WATER COMPANY TO SECTION 1. The Milford Water Company may take and hold any real estate situated south of Granite Street in the town of Hopkinton, necessary and proper for the purpose of supplying the town St. 1881, ch. 77. of Milford with water, as provided by chapter seventy-seven of the Acts of the year eighteen hundred and eighty-one, and for the preservation and purification of such water and for forming any dams or reservoirs to hold the same. A description of the land taken ed in the regis shall be record try of deeds. Damages. Limitation of actions. SECT. 2. Said corporation shall, within sixty days after the taking of any land under the provisions of this Act, file and cause to be recorded in the registry of deeds for the southern district of the county of Middlesex a description of the land so taken, sufficiently accurate for identification, and stating the purposes for which it is taken; and the title of the land so taken shall vest in said corporation. Any person whose property is injured in any way by any act of said corporation, and who fails to agree with said corporation as to the amount of damages, may have the same assessed and determined in the manner provided when land is taken for a highway. Any person whose land is thus taken or affected may apply as aforesaid within three years from the time the land is actually taken, and not thereafter; and no suit for injury done under this Act shall be brought after three years from the date of the alleged injury. SECT. 3. This Act shall take effect upon its passage. April 29, 1882. CHAPTER 189. AN ACT TO REGULATE THE HERRING AND SHAD FISHERY IN in Cole's River SECTION 1. The town of Swanzey is authorized to create herring Town may reand shad fisheries in Cole's River and its tributaries, and in Mil- gulate fisheries ford Pond, so called, in the county of Bristol; and the right to take and tributaries. herring or shad from said river or its tributaries, or from said pond, is suspended for the period of three years next ensuing after the passage of this Act; and no net, seine, or weir shall be set therein during said period except as hereinafter provided. The fish wardens chosen as provided by section three of this Act may, however, take or cause to be taken from said river or its tributaries, or from said pond, at any time after the passage of this Act, such herring or shad as may be required for the purpose of stocking said pond or any of the tributaries of said river. SECT. 2. The town of Swanzey may sell at public auction, at a May sell legal town meeting to be held in March in the year eighteen hundred privilege to take herring and and eighty-five, two privileges to take herring and shad from Cole's shad. River from the first day of April to the first day of July in each year, for a period not exceeding five years, as hereinafter provided, at such places on said river as shall be designated by such fish wardens. The purchaser or purchasers of such privileges may take herring and shad with one seine, at the places so designated, from sunrise on Monday until sunset on Wednesday in each week during such period; but no herring or shad shall be taken in any manner from said waters after the first day of July in each year. wardens. SECT. 3. The town of Swanzey, at its annual meeting in March in To choose fish each year, may choose two or more suitable persons as fish wardens, who shall be sworn to the faithful discharge of their duties, and shall cause this Act to be enforced and shall prosecute all violations of its terms. The fish wardens so chosen shall prevent and remove all unlawful obstructions in the course of said river or its tributaries to the passing up and down of the said fish from the first day of April to the first day of July in each year; and may, for the purposes of this Act, go upon and pass over the land of any person through or by which said river or any tributary thereof runs, or which borders upon said pond, without being considered trespassers: provided, that any person sustaining damage in his property may have the same assessed in the manner provided when land is taken for highways. Whoever Penalty for wilfully hinders or molests any such fish warden, or any person wardens. authorized by such fish wardens, in the necessary clearing of said river or its tributaries, and in the necessary and proper use of lands on said river or its tributaries, or said pond, for creating and protecting the said fishery, shall forfeit and pay a sum not exceeding twenty dollars for each offence, to be recovered in the manner provided in section four of this Act. molesting fish fishing without SECT. 4. If any person other than those who have purchased such Penalty for privilege as aforesaid fishes with a seine or net at any time or in any purchasing manner, or sets any net, seine, weir, or other obstructions in any part privilege. Repeal. of said river or its tributaries, or of said pond, with intent to take or destroy any shad or herring, he shall forfeit and pay twenty dollars for each offence, to be recovered on complaint, one-half to the use of said town of Swanzey and one-half to the use of the person who shall give information leading to the prosecution and conviction of such offender; and all seines, nets, or weirs so used or set shall be forfeited to the person who shall give such information. SECT. 5. All laws relating to fishing in Cole's River are repealed. April 29, 1882. May take land Provisos. To have re try of deeds a description of land or flats taken. CHAPTER 190. AN ACT TO AUTHORIZE THE CITY OF SALEM TO TAKE CERTAIN SECTION 1. For the purpose of abating the nuisance in the South Mill Pond, so called, in the city of Salem, the said city may from time to time purchase or otherwise take any or all of the lands or flats in or under said South Mill Pond, or along the margin thereof, and fill and raise the same to such grade as may be deemed necessary or expedient, or it may dredge the same: provided, however, that nothing in this Act shall authorize the taking of, or interference with, land lying within the location of the Eastern Railroad Company, or now actually occupied by said corporation for railroad purposes; and provided, further, that no land in said South Mill Pond lying east of a line beginning at or near the south-westerly corner of Summer Street, and running southerly parallel with the westerly main track of said Eastern Railroad, and three hundred and ten feet distant therefrom, shall be taken for the purposes of dredging. SECT. 2. Said city shall, within sixty days from the time of taking corded in regis- said lands or flats, file and cause to be recorded in the office of the registry of deeds for the southern district of the county of Essex a description of the lands or flats so taken, as certain as is required in a common conveyance of lands, and a statement that the same are taken pursuant to the provisions of this Act, which said description and statement shall be signed by the mayor of said city; and the title of all lands or flats so taken shall vest in the city of Salem in fee simple, and the same may be sold and conveyed by said city in such manner as the city council may determine. Land's to be re conveyed upon payment of cost of filling. Damages. SECT. 3. Any party whose lands or flats are taken and filled shall be entitled to a re-conveyance of the same from said city upon reimbursing it for its reasonable costs of such filling, and upon demand made for such re-conveyance within ninety days from the time when such filling is completed. SECT. 4. Any owner of lands or flats so taken or filled, who cannot agree with the said city as to the damage done to him by said taking or filling, may at any time within three years from the time of such taking or filling have the said damage assessed by the county commissioners; and if either party is dissatisfied with the estimate of the county commissioners, said party may apply for a jury to assess the damages; and the proceedings thereon, and the proceedings upon application to the county commissioners, shall be the same as provided for the assessment of damages in laying out highways. The respective rights and remedies of persons having different or separate interests or estates in the same property, as to the disposition of the damages awarded or agreed to under this Act, shall be in all respects the same as they now are in the case of property taken for the laying out of highways. |