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OUT AND CONSTRUCT A STREET OR WAY IN AND THROUGH
SECTION 1. The city of Fall River is hereby authorized to lay out City may lay and construct the street or way known as Benefit Street in and through throughes the private burial ground known as the Brightman burial ground and burial ground. situated at and around the intersection of said Benefit Street, as proposed to be laid out, and Border City Street: provided, that no burial Proviso. lot in which are buried the remains of the dead shall be entered upon under the provisions of this Act until such remains shall have been removed to some other cemetery and duly interred therein, with all headstones as they now exist transferred so as to mark their appropriate graves, without expense to the owner of or persons interested in such burial lot.
Sect. 2. Said city shall be liable to the owners of and all parties Damages. interested in said burial lot, to pay all damages sustained in their property by the taking of any lands under the provisions of the preceding section. If said owners or any party interested as aforesaid cannot agree with the city upon the amount of said damages they or he may have said damages assessed in the same manner as is provided in case of taking land for highways: provided, that any application for Proviso. a jury to assess said damages shall be made within one year after said damages are sustained. SECT. 3. This Act shall take effect upon its passage.
March 16, 1882.
AN ACT TO RELIEVE THE MASSACHUSETTS HOSPITAL LIFE
INSURANCE COMPANY FROM MAKING CERTAIN RETURNS TO
SECTION 1. Section eleven of chapter one hundred and eighty of Relieved from the Acts of the year eighteen hundred and seventeen, being “ An to the secretary Act to incorporate the Massachusetts Hospital Life Insurance Com- of the Conmonpany,” is amended by striking out near the beginning of the section st, 1817, ch. 180, the following words :
$ 11, amended. " It shall be the duty of the directors of the corporation hereby created, once in each year, to make a full, fair and explicit statement of all their real estate, funds and investments of every kind wliatever, which shall be subscribed and verified by the oath of a majority of the directors; and on or before the tenth day of January, annually, to deliver the same to the secretary of the Commonwealth, who shall cause the same to be laid before the governor and council and.”
SECT. 2. This Act shall take effect upon its acceptance by the Massachusetts Hospital Life Insurance Company. March 16, 1882.
AN ACT TO INCORPORATE THE PEABODY INSTITUTE OF
DANVERS. SECTION 1. Samuel P. Fowler, Daniel Richards, Joshua Silvester, Corporators. Francis Peabody, and their associates, trustees of the Peabody Insti
To hold funds.
tute of Danvers, and their successors in office, are hereby made a corporation by the name of the Peabody Institute of Danvers, with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in the general laws relating to similar corporations : provided, however, that it shall not be necessary for said corporation to organize in the method, or to give the notice, and hold the first meeting prescribed by statute ; but the present trustees of the Peabody Institute, and their successors to be chosen by the legal voters of the town of Danvers in the manner heretofore prescribed and used, shall constitute and be said corporation, and shall proceed to act and to fulfil their duties under their present organization, and according to such rules and regulations as now exist, or may be hereafter legally established.
SECT. 2. Said corporation shall hold all the funds of said Peabody Institute, including their lands and buildings, stocks, bonds and other securities, and such other real and personal estate as may accrue to or for the benefit of said institute by gift, grant, or otherwise, for the purposes declared and upon the conditions imposed by George Peabody the founder of said institute and shall apply the same in the way and manner indicated by him, and as accepted and determined by the town of Danvers at a town meeting held on the twenty-eighth day of June in the year eighteen hundred and fifty-two, or as may have been since or may hereafter be prescribed by the town of Danvers, so far as the same may be in accordance with the expressed views of said founder, and for no other purpose whatever: provided, however, that the whole amount of the aforesaid funds, together with such real and personal estate as may be added thereto, shall not exceed three hundred thousand dollars. SECT. 3. This Act shall take effect upon its passage.
March 16, 1882.
AN ACT TO ESTABLISH THE SALARY OF THE CLERK OF THE
FIRST DISTRICT COURT OF EASTERN MIDDLESEX.
Salary of clerk.
The annual salary of the clerk of the First District Court of Eastern Middlesex shall be one thousand dollars from the first day of January in the year eighteen hundred and eighty-two. March 16, 1882.
AN ACT RELATING TO THE LOCATION AND CONSTRUCTION OF
TRACKS OF THE LYNN AND BOSTON RAILROAD COMPANY.
SECTION 1. Section four of chapter one hundred and fifty-two of the Acts of the year eighteen hundred and eighty-one is hereby amended by striking out at the end thereof the following words, “ But no track shall be located or constructed from Lynn into Swampscott farther than Mudge's Square in said Swampscott; and the time for locating and constructing in Peabody and Everett is limited to two years from the passage of this Act.' SECT. 2. This Act shall take effect upon its passage.
AN ACT TO AUTHORIZE THE DEFINING AND IMPROVEMENT OF
THE CHANNEL OF MERRIMACK RIVER IN THE CITY OF
SECTION 1. To facilitate the construction and for the greater safety Channel may and convenience of highways and bridges across Merrimack River, be altered,
straightened. and for the purpose of improving the navigation and water power of said river, the city of Lowell, the proprietors of the locks and canals on Merrimack River, the Lawrence Manufacturing Company, the Merrimack Manufacturing Company, the Boott Cotton Mills, and the Massachusetts Cotton Mills are authorized and empowered to alter, straighten, deepen, remove obstructions from, and by their unanimous agreement define, establish, and fix the boundaries of the bed and channel of said river within said city between the mouth of Beaver Brook and the easterly line of the public landing on the northerly side of said river, and the mouth of Concord River and westerly line of the public landing on the southerly side of said Merrimack River. Whenever said boundaries shall be so defined and fixed, the owners of lands abutting on said Merrimack River may construct and maintain walls and embankments thereon, and fill up, occupy, and improve such lands to such boundaries. The city of Lowell for the purpose of constructing and maintaining highways, townways and bridges which heretofore have been or hereafter shall be duly laid out or established to or across said Merrimack River, may construct and maintain abutments and embankments therefor to said boundaries, and suitable piers within the bed or channel so defined and fixed as herein authorized. All such walls, abutments, embankments, or other works constructed or maintained under authority of this Act, shall have suitable openings or culverts therein to permit the flowing into said Merrimack River of all water courses, sewers, and drains now lawfully emptying into said river within the limits above described.
Sect. 2. Before any. wall, abutment, embankment or other work Certificate and shall be constructed under authority of this Act, said city and corpor- boundaries, of ations shall cause a certificate setting forth and describing the bound belt and chan: aries of said bed and channel, defined and fixed as herein authorized, ed and tiled in signed by the mayor of said city and the president or treasurer of the registry of each of said corporations to be recorded in the registry of deeds for work is comthe northern district of the county of Middlesex, and also cause a map delineating such boundaries upon a scale of not less than one hundred feet to the inch, signed in like manner as said certificate, to be filed in said registry.
SECT. 3. Any person whose property may be damaged by the exer- Estimation and cise or carrying into effect of the powers or rights conferred by the desconegudes of first section of this act, except by the construction or maintenance of piers in said hed or channel, may have the amount of such damage determined, and may recover the same of said city and corporations in the manner provided in chapter one hundred and twelve of the Public Pub. Sts. ch. Statutes for the estimation and recovery of damages occasioned by the laying out, construction, and maintenance of railroads : provided, the Proviso. application for the estimation of such damages shall be made within three years after the recording of the certificate and filing of the plan required by section two; but no person shall be entitled to recover damages under this act on account of any act or thing which said city or corporations or any or either of them would have a right to do without liability to such person for damages occasioned thereby, if this Act had not been passed. In estimating the damages, allowance by way
Payment of expenses.
of set-off shall be made for any benefit to the property of such person by any deepening, widening, or straightening of the bed or channel of said Merrimack River, or removing of obstructions therefrom by said city and corporations or any of them, as well as for any other benefit that shall have resulted to the property of such person by the carrying into effect of any of the powers granted by this Act after this Act shall take effect and before the final determination of such damages.
SECT. 4. All expenses that shall be incurred by said city and corporations or either of them, in carrying into effect and exercising the powers and rights granted by this Act, and in ascertaining and satisfying the damages thereby to property of any person, shall be paid by said city and corporations respectively in such proportions as shall be agreed between them. Said city and corporations may make such contracts between themselves for carrying into effect the powers hereby granted, and the prevention and removal of obstructions in said Merrimack River, and payment of the expenses thereof, as they may deem expedient, and the performance and observance thereof by them respectively may be enforced by suitable proceedings at law or in equity by the Supreme Judicial Court: provided, such contract shall be in writing and recorded in the same registry and at the same time as the certificate required by section two.
SECT. 5. This Act shall not impair any right which the city of Lowell now has to lay out, construct or maintain any highway, townway, or bridge to or across said Merrimack Ri '; nor shall it affect the right or remedy of any person for damage occasioned by the laying out, construction, or maintenance of any highway, townway, or bridge, except for damages occasioned by the construction or maintenance of abutments or embankments therefor under authority of this Act and for which remedy is herein specially provided.
SECT. 6. This Act shall be void unless accepted by the city council of said city, and by each of said corporations by vote of their respective boards of directors, within six months after the passage hereof. March 17, 1882.
Rights of the city not impaired.
Subject to acceptance.
ACT TO INCORPORATE THE WHITE'S
Corporators. SECTION 1. Benjamin J. Greeley, John P. Newell, Charles E. Jack
son, their associates and successors, are made a corporation by the Name and name of the White's Ferry Bridge Company, for the purpose of con
structing and maintaining a pile bridge across North River between the towns of Marshfield and Scituate, at or near the easterly terminus
of Sea Street in White's Ferry Village in said town of Marshfield. Bridge to be at SECT. 2. Such bridge shall be well built of suitable materials, shall least twenty feet wide.
be at least twenty feet wide and floored with planks, shall have sufficient railings on each side, shall have a suitable draw for the passage of vessels, and shall be kept in good repair at all times : provided, however, that any structure built under this Act shall be subject to the
supervision and approval of the board of harbor and land commisPub. Sts. ch. 19, sioners as provided in section eight of chapter nineteen of the Public $ 8.
SECT. 3. Said corporation may purchase and hold such real and personal estate as may be necessary and proper for the purposes of this Act, and shall have all the powers and privileges except the right to collect tolls, and be subject to all the duties, liabilities, and restric
Real and personal estate.
tions set forth in the general laws which now are or hereafter may be in force relating to such corporations. The capital stock of said corporation shall not exceed in amount ten thousand dollars.
Sect. 4. If said corporation neglects for the period of five years Bridge shall bo from the passage of this Act to build and finish such bridge, then this finished within Act shall be void.
Sect. 5. This Act shall take effect upon its passage. March 17, 1882.
AN ACT RELATING TO THE OCEAN TERMINAL RAILROAD, DOCK,
AND ELEVATOR COMPANY.
for agreement upon conditions
SECTION 1. The time within which the Ocean Terminal Railroad, Time extended Dock, and Elevator Company may agree with the Mystic River Corporation and the Ocean terminal Railroad Company upon the terms of purchase. and conditions of the purchase of lands and other property belonging to the latter named corporations, as provided in section four of chapter two hundred and thirty-nine of the Acts of the year eighteen hundred and eighty-one, is hereby extended one year, and until the sixth day May in the year eighteen hundred and eighty-three.
SECT. 2. In case said Ocean Terminal Railroad, Dock, and Ele- Belt gallery vator Company shall locate and build a grain elevator on the north- Bridge Avenue. westerly side of Chelsea Bridge Avenue, so called, in the city of Boston, said company is hereby authorized to construct and maintain, with the consent of the board of aldermen of the city of Boston, a belt gallery over said avenue, in order that grain may be conveyed through said gallery to vessels lying in the docks on the south-easterly side of said avenue. SECT. 3. This Act shall take effect upon passage.
March 18, 1882.
AN ACT TO AUTHORIZE THE TOWN OF ADAMS TO APPROPRIATE
MONEY FOR THE PAYMENT OF EXPENSES INCURRED IN THE
SECTION 1. The town of Adams is authorized to raise and appro- May raise priate a sum of money, not exceeding six hundred dollars, for the money for expayment of expenses incurred in obtaining legislation creating the in obtaining town of North Adams out of the territory of said town of Adams, division of under chapter one hundred and forty-three of the Acts of the year St. 1878, ch. 143. eighteen hundred and seventy-eight.
SECT. 2. This Act shall take effect upon its passage. March 18, 1882.
AN ACT TO AUTHORIZE THE TOWN OF ACTON TO PAY CERTAIN
SECTION 1. The town of Acton is authorized, in the manner pro- May pay cervided in section two of this Act, to raise by taxation a sum of money to soldiers. not exceeding four thousand dollars and appropriate the same to the