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May alter chan

nel of Spicket River for pur

age.

CHAPTER 170.

AN ACT FOR SECURING BETTER DRAINAGE AND FOR THE
PRESERVATION OF THE PUBLIC HEALTH IN THE CITY OF
LAWRENCE.

SECTION 1. The city council of the city of Lawrence may fix the boundaries of the Spicket River, in said city, and for that purpose poses of drain- may alter, change, widen, straighten, and deepen the channel of said Spicket River, and remove obstructions therefrom, and may use and appropriate said channel as improved, cover it, pave it, and enclose it in retaining walls, and lower or raise the surface of the water in said channel from the present level, so far as the said city council shall adjudge necessary for the purposes of sewerage, drainage, and the preservation of the public health.

May maintain sewer's.

May establish grades, and require owners to raise their lands to the grades established.

If owner fails to fill land, it

the city.

SECT. 2. The said city council may, in pursuance of said scheme for improving the valley of said Spicket River, lay out, construct, and maintain such sewers as it may adjudge necessary for drainage and the preservation of the public health.

SECT. 3. The said city council may establish grades in the different parts of said valley as it may adjudge to be necessary for the complete drainage thereof and the preservation of the public health, and may from time to time require the owners of land in said valley, or any of them, to raise the surface of said land to the established grade, and to fill the same with good materials to the approval of said city council. All orders under this section shall be made in writing, and served in the mode provided for serving orders of boards of health for the abatement of nuisances.

SECT. 4. If any owner of land so required to be filled fails to commay be done by ply with any such order within six months after service thereof, the said city council may cause the same to be filled with proper materials to the established grade; and all necessary expenses incurred thereby shall be a lien on said land, and may be collected as provided in section eleven of this Act.

City to take

land if owner is dissatisfied with assessment.

City may take any lands;

and cause to be
recorded in re-
gistry of deeds
a description of
the land taken.

Damages.

SECT. 5. Any person dissatisfied with the assessment, so made upon his land for the expense of filling the same, may give notice thereof in writing to the said city council within six months after such assessment is made, and the said city shall thereupon take said land.

SECT. 6. The said city may take and hold by purchase or otherwise, such lands, water rights, dams, easements, and other real estate as said city council may adjudge necessary for the purposes of this Act, including land whereby to obtain materials for such grading. If said city or its agents do not agree with the owner of any such lands or rights to purchase the same, the said city may take the same.

SECT. 7. Within sixty days after the taking of any land under the preceding sections, the said city council shall cause to be filed and recorded in the registry of deeds for the northern district of the county of Essex a description of the land so taken sufficiently accurate for identification, with a statement that the same is taken pursuant to the provisions of this Act, which description and statement shall be signed by the mayor of said city; and the title to the land so taken shall vest absolutely in the city.

SECT. 8. If any person whose land or rights are taken under this Act agrees with said city upon the damage done to him by such taking, the same shall be forthwith paid to him by said city. If any person whose land or rights are so taken, or who suffers damage or injury in his property or rights from any act of said city or its agents in the execution of the powers conferred by this Act, cannot agree with said

city as to the value of the estate so taken or as to the injury so suffered, he may have the amount of damages sustained by him assessed by the county commissioners for the county of Essex, on application made by him to them in writing within one year after such taking or surrender; and either party dissatisfied with the award of the county commissioners may apply, within six months after the filing of their award, to the Superior Court for said county of Essex for a jury to assess such damages. The proceedings before the county commissioners and the Superior Court shall be similar to those in case of land taken for highways. The said city shall forthwith pay to such persons as may be entitled thereto all such sums as may be finally determined to be due them, with all interest and costs awarded therewith. SECT. 9. The respective rights and remedies of persons having Rights and remedies of different or separate rights in the same property as to the disposition persons having of damages awarded to them and agreed to by them shall be the same separate rights in all respects as they now are in case of property taken in laying out property. highways.

in the same

betterments.

SECT. 10. If in the opinion of the city conncil of said city any Assessments for real estate receives any benefit and advantage from the improvements made under this Act beyond the general advantage to all the real estate in said city, it shall determine the value of such benefit and advantage to such real estate, and may assess upon the same a proportional share of the expense of such improvements. Such valuation and assessment may, if the city council so order, be made separately for sewers constructed under this Act, and for other work done under it. Such assessment shall be made after the work for which it is laid is completed, and within two years from its completion.

Assessment to estate for two

be lien upon

SECT. 11. The sum so assessed shall be a lien upon any such real estate for two years after it is assessed, and if not paid within ninety days after notice of such assessment is served upon the owner of any years. such real estate, or is left at his last and usual place of abode, if he is a resident of said city, or if the owner is a non-resident, after such notice is served by publishing the same once a week for three successive weeks in some newspaper published in said city, and also personally, if the place of residence of such non-resident is known to the collector of taxes, the amount assessed may be collected by a sale of such real estate, conducted in the same manner as a sale of real estate for the non-payment of taxes; or, at the election of said city, the amount so assessed, or any part thereof, may be collected by a suit at common law. Any person aggrieved at the amount so assessed upon Person aghis real estate may, at any time within ninety days after receiving apply for a grieved may notice of such assessment, apply to the Superior Court for said county jury. for a jury to revise such assessment in the manner provided in section eight of this Act. The lien for the sum so assessed, and costs accruing thereon, shall continue for one year after final judgment upon said application, unless the sum found due is sooner paid; but if judgment shall be rendered sustaining such assessment in any part, said city, on motion, may have an execution in common form therefor; and the lien upon such real estate shall thereupon cease. If such assessment shall be declared void for any defect, re-assessment may be made as is provided in case of the re-assessment of taxes.

SECT. 12. In every case where a jury is applied for under this Act Costs. the party in whose favor the award or assessment appealed from is changed shall be considered as the prevailing party, and shall recover

costs.

SECT. 13. The city of Lawrence is authorized to lay railway tracks City may lay through any street of said city, and maintain them so long as may be railway tracks through streets. necessary to enable earth and other material to be transported to fill the said district under the provisions of this Act.

Powers may be exercised by commissioners.

Subject to acceptance by

two-thirds vote of the city council.

SECT. 14. The powers conferred by this Act, except so far as the taking of lands and rights are concerned, may be delegated by said city council to such board of commissioners as it may by ordinance establish, or the said powers may be exercised directly by said city council.

SECT. 15. This Act shall take effect upon its acceptance, at any time within two years from its passage, by an order passed by a twothirds vote of all the members of each branch of the said city council, voting by yeas and nays, and approved by the mayor of said city. April 19, 1882.

Capital stock
fixed at
$1,161,000.
Act approved
Feb. 8, 1822.

May increase capital stock.

Conditions to be complied with.

Pub. Sts. ch. 106.

Pub. Sts. ch. 106, § 46.

Debts and obligations not impaired.

CHAPTER 171.

AN ACT TO FIX THE CAPITAL STOCK OF THE POCASSET
MANUFACTURING COMPANY OF FALL RIVER.

SECTION 1. The capital stock of the Pocasset Manufacturing Company of the city of Fall River, incorporated by an Act of the General Court approved the eighth day of February in the year eighteen hundred and twenty-two, is fixed at the sum of one million one hundred and sixty-one thousand dollars, divided into eleven thousand six hundred and ten shares of one hundred dollars each, to be divided amongst its present stockholders in proportion to their respective interests. Said corporation may from time to time increase its capital stock to an amount not exceeding in the whole one million five hundred thousand dollars.

SECT. 2. If said corporation, by vote of a majority in interest of its stockholders at a legal meeting called for the purpose, shall within six months from the passage of this Act vote to accept this Act, and shall within said six months cause to be recorded in the registry of deeds for the northern district of the county of Bristol, a certificate, signed by its president, treasurer, clerk, and a majority of its directors, stating the amount of its debts and credits, and an estimate of its real and personal estate for the purpose of carrying on its business, at the time of making such certificate, and that the value of its property over and above all its debts and liabilities is not less than the amount of its capital stock as fixed by this Act; and if said officers shall make oath that they have carefully examined the records and accounts of said corporation, and faithfully estimated the value of the property and funds thereof, and that said certificate by them signed is true according to their best knowledge and belief, then said corporation, together with its members and officers shall be entitled to the same rights, privileges, and immunities, and be subject to the same liabilities and provisions of law as if said corporation had been organized under the provisions of chapter one hundred and six of the Public Statutes with a capital stock fully paid in as required by said chapter, and had duly made and filed the certificate mentioned in section forty-six of said chapter.

SECT. 3. Nothing contained in this Act shall affect or impair any debts or obligations existing at the time of recording said certificate. SECT. 4. This Act shall take effect upon its acceptance as provided in section two. April 19, 1882.

CHAPTER 172.

AN ACT TO PROVIDE FOR THE CONFIRMATION OF CERTAIN
DEEDS AND LEASES OF THE TURNER'S FALLS COMPANY.

confirm deeds and leases.

SECTION 1. The Turner's Falls Company may, by a vote of its May by vote stockholders at a meeting duly called for the purpose, ratify and confirm any deeds or leases of real estate or water power heretofore made in the name of said company as grantor or lessor, and all deeds and leases so ratified and confirmed shall have the same force and effect as if they had been made and executed by due authority of said company: provided, however, that such ratification and confirmation shall not Proviso. impair the right or title of any person or corporation claiming under said company by force of any deed, lease, attachment, or levy made previous to the passage hereof.

St. 1874, ch. 198,

SECT. 2. The said corporation may exercise and enjoy all the Powers and rights, privileges, and powers conferred upon it by sections one and privileges, three of chapter one hundred and ninety-eight of the Acts of the §§ 1 and 3. year eighteen hundred and seventy-four, notwithstanding anything which may be to the contrary contained in chapter one hundred and St. 1880, ch. 148. forty-eight of the Acts of the year eighteen hundred and eighty. SECT. 3. This Act shall take effect upon its passage. April 19,

1882.

CHAPTER 173.

AN ACT RELATING TO THE INCORPORATION AND LOCATIONS

OF THE CHARLES RIVER STREET RAILWAY COMPANY.

SECTION 1. The certificate issued by the secretary of the Com- Charter conmonwealth on the twenty-sixth day of August in the year eighteen firmed. hundred and eighty-one, certifying that Samuel L. Montague, Charles E. Raymond, Daniel U. Chamberlain and others, their associates and successors, were legally established as a corporation under the name of the Charles River Street Railway Company, for the purpose of locating, constructing, maintaining, and operating a street railway for the conveyance of persons, with all the powers and privileges, and subject to all the duties, liabilities, and restrictions set forth in all general laws which then were or hereafter might be in force relating to street railway companies, is ratified and confirmed; and said corporation shall be deemed and taken to have been then duly established, and it shall exercise and enjoy the aforesaid powers and privileges, and shall be subject to the aforesaid duties, liabilities, and restrictions, except so far as the same are modified and controlled by the provisions of this Act.

firmed.

SECT. 2. All locations heretofore granted to said corporation by Locations conthe boards of aldermen of the cities of Cambridge and Somerville are ratified and confirmed and shall be deemed and taken to have been duly granted, and said corporation shall have power to maintain and use the same, subject to the provisions of section forty-eight of chapter Pub. Sts. ch. one hundred and thirteen of the Public Statutes: provided, the tracks 113, § 48. of said corporation shall not cross the Fitchburg Railroad at grade without the consent of the board of railroad commissioners.

Proviso.

SECT. 3. Said corporation may construct, maintain, and use its May construct railway with single or double tracks, and with convenient and suit- railway with able turnouts, from a point on Coolidge Avenue in the town of Water- tracks.

single or double

May be allowed to enter upon tracks of other corporations.

town, opposite the southerly entrance to Mount Auburn Cemetery over said avenue to Mount Auburn Street in the city of Cambridge, there to connect with the location heretofore granted to said corporation; also from a point on Brookline Bridge at the dividing line between the cities of Cambridge and Boston over said bridge and Brookline Street to and across Brighton Avenue in the city of Boston, to and into Essex Street in the town of Brookline, to a point at or near Cottage Farm station on the Boston and Albany Railroad; and, subject to the proviso contained in section two in regard to crossing the Fitchburg Railroad at grade, upon and over such other highways in said cities of Boston, Cambridge, and Somerville and the towns of Watertown and Brookline as locations thereon may hereafter from time to time be granted by the boards of aldermen of said cities or the selectmen of said towns.

SECT. 4. The board of aldermen of the city of Boston may from time to time, upon petition of said Charles River Street Railway street railway Company, after due notice and hearing, grant to said corporation the right to enter upon and use the tracks of any other street railway corporation in said city, and compensation shall be made therefor as provided by law; and said Charles River Street Railway Company, or any other party interested, may appeal from any decision of said board of aldermen, made upon any such petition, to the board of railroad commissioners, and said board of railroad commissioners may decide upon any such petition, and, in case it grants the same, may determine the extent of use of tracks, and the number and routes of cars. SECT. 5. This Act shall take effect upon its passage. April 19, 1882.

Additional pilots may be appointed.

Proviso.

CHAPTER 174.

AN ACT AUTHORIZING THE APPOINTMENT OF ADDITIONAL
PILOTS FOR PORTS OTHER THAN THE PORT OF BOSTON.

SECTION 1. The governor, by and with the advice and consent of the council, may, for the ports of Massachusetts other than the port of Boston, appoint pilots in addition to those now authorized by law. No such appointment shall be made for a port where the recommendation of any society or persons is now required by law unless a certificate of qualification from such society or persons is furnished: provided, that if such society or persons decline or neglect for three months after application to them to certify either affirmatively or negatively as to the qualifications of an applicant, the appointment may be made without such certificate. Such society or persons may also certify to the governor their judgment as to the need of additional appointments for the good of the service. Pilots appointed by virtue of this Act shall be subject to all existing provisions of law not conflicting herewith.

SECT. 2. This Act shall take effect upon its passage. April 19,

1882.

Assessment of taxes upon

mortgaged real

estate.

CHAPTER 175.

AN ACT RELATING TO THE ASSESSMENT OF TAXES UPON MORT-
GAGED REAL ESTATE.

SECTION 1. Any mortgagor or mortgagee of real estate may bring in to the assessors of the town or city where such real estate lies, within such time as shall be specified for bringing in the lists as pro

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