Referees may city, and the court may upon default or hearing of said city, be appointed." appoint three disinterested persons, who shall after reasonable notice to the parties assess the damages, if any, which such petitioner may have sustained as aforesaid, and the award of the persons so appointed or a major part of them, being returned into and accepted by the court, shall be final, and judgment shall be rendered and execution issued thereon for the prevailing party, with costs, unless one of the parties claims a trial by jury, as hereinafter provided. Parties dissatisfied may claim a trial. SECT. 5. If either of the parties mentioned in the preceding section is dissatisfied with the amount of damage awarded, as therein provided for, such party may, at the sitting of the court at which said award was accepted, or the next sitting thereafter, claim in writing, a trial in said court, and thereupon all questions of fact relating to such damages shall be heard and determined, and the amount of damages assessed by a jury at the bar of said court, and the verdict of the jury being accepted, and recorded by the court, shall be final and conclusive, and judgment shall be rendered and execution issued thereon, and costs shall be recovered by the parties respectively in the same manner as is provided by law in regard to proceedings relating to laying out of highways. SECT. 6. In every case of a petition to the superior court for an assessment of damages, as provided in this Act, the for assessment said city may tender to the petitioner, or his attorney, any sum, or may bring the same into court, to be paid to the petitioner, for the damages by him sustained, or claimed in his petition, or may in writing offer to be defaulted, and that damages may be awarded against it for the sum therein expressed; and if the petitioner does not accept the sum so offered, or tendered, with his costs up to that time, but proceeds with his suit, he shall be entitled to his costs to the time of such tender, or payment into court of offer of judgment, and not afterwards, unless the amount recovered by him in such action exceeds the amount to be tendered. City may make tender for damages, when petition is made. Exercise of powers and authority. Cambridge Water Loan may be increased $500,000. SECT. 7. All the rights, powers, and authority given to the city of Cambridge by this Act shall be exercised by said city subject to all duties, liabilities, and restrictions herein contained, in such manner, and by such agents, officers, and servants as the city council shall, from time to time, ordain, direct, and appoint. SECT. 8. For the purpose of paying for the land, and settling the damages herein referred to, for improving the land by grading, or otherwise, and generally for providing means for the further extension, and improvement of the water works of said city, from time to time, the city of Cambridge shall have authority to issue, as a water debt, in accordance with chapter one hundred and twenty-nine, of the Acts of the year eighteen hundred and eighty-four, in addition to what is already authorized to issue by law, notes, scrip, or bonds, to be denominated on the face" Cambridge Water Loan," to an amount not exceeding five hundred thousand dollars. All the provisions of chapter two hundred and fifty-six of the Acts of eighteen hundred and eighty-four, and the Acts alluded to therein in regard to the establishment and maintenance of a sinking fund for the redemption of the Cambridge water loan, shall apply to this Act. SECT. 9. This Act shall take effect upon its passage. (March 16, 1888.) AN ACT concerning the water of Spy Pond in the town of Arlington, and Little Pond and Wellington Brook in the town of Belmont. Be it enacted, etc., as follows: Pond, etc., not water supply SECTION 1. So much of section one of chapter one hundred and sixty-five, of the Acts of the year eighteen hundred Waters of Spy and seventy-five, entitled "An Act to provide a further to be a part of supply of water for the city of Cambridge," as empowers the for Cambridge. city of Cambridge to take the waters of Spy Pond in the town of Arlington, and Little Pond and Wellington Brook in the town of Belmont, is hereby repealed. City may re SECT. 2. The city of Cambridge shall have the right to remove the iron pipe which it has laid as a conduit connect- move iron pipe. ing Spy Pond and Little Pond, and shall pay all damages on account of removing said pipe. SECT. 3. This Act shall take effect upon its passage. (March 26, 1888.) AN ACT requiring the cities of Boston and Cambridge, and the Boston and Albany Railroad Company, to widen the draws in certain bridges across Charles River. Be it enacted, etc., as follows: widened in the SECTION 1. The cities of Boston and Cambridge shall Draws to be before the first day of May in the year eighteen hundred highway bridges across and eighty-nine, subject to the provisions of chapter nineteen Charles River. of the Public Statutes, widen the draws in the several highway bridges across Charles River and Brookline Street, River Street, Western Avenue, and Boylston Street, so called, and the Boston and Albany Railroad Company shall forthwith, subject to the provisions of said chapter nineteen, widen the draw in its railroad bridge across said river on the opening of To have a clear easterly side of the aforesaid Brookline Street bridge, so that thirty-six feet each of said draws shall have a clear opening of at least thirty-six feet in width. in width. SECT. 2. This Act shall take effect upon its passage. (April 16, 1888.) Compensation of Commissioner provided for. AN ACT providing for the compensation of the commissioner of the new bridge between the cities of Boston and Cambridge, appointed by the mayors of said cities. Be it enacted, etc., as follows: SECTION 1. The member of the board of commissioners, established by virtue of chapter two hundred and eightytwo of the Acts of the year eighteen hundred and eightyseven, for the purpose of building a new bridge between Boston and Cambridge, appointed by the mayors of said cities, shall receive for his services, from the date of such appointment, such compensation as the board of aldermen of the city of Boston, and the board of aldermen of the city of Cambridge, may, by concurrent action, establish to be paid as other expenses of building said bridge are paid. SECT. 2. This Act shall take effect upon its passage. (May 4, 1888.) AN ACT authorizing the cities of Boston and Cambridge to widen Be it enacted, etc., as follows: SECTION 1. The cities of Boston or Cambridge, or either of them within its limits, are authorized, subject to the provisions of chapter nineteen of the Public Statutes, to widen the bridge between said cities, known as West Boston bridge, on its southerly side, not exceeding twenty feet, and to make such changes in said bridge, and draw and draw piers connected therewith, and do such other acts as may be necessary and expedient or convenient for this purpose: provided, one or more clear openings not less than thirty-six feet in width shall be left through said draw for the passage of vessels. SECT. 2. The boards of aldermen of said cities, or either of them within the limits of its city, may by vote grant locations and set apart a portion of said bridge when so widened for the special use of street cars, or may grant locations under the provisions of chapter one hundred and thirteen of the Public Statutes; and said boards of aldermen or either of them are hereby authorized and empowered to contract with any street railway company owning, controlling, or running street cars on said bridge, for the making of said widening, or for the payment of all or any part of the expense or cost thereof, and for keeping the same in repair, and for the setting apart as aforesaid of a portion of said bridge when so widened for such special use of such street cars. Such street railway company may acquire private lands by purchase or lease, for the purpose of making proper approaches to or for the extension of such location. The board of aldermen of the city where such lands are situate may then grant to said company special locations on and over lands so acquired. SECT. 3. The care and management of the whole of said. bridge and draw shall remain in said cities; the expense of all repairs made on that portion of it set apart for the special use of street cars shall be borne by the company owning or controlling said cars, so long as it continues to use it. SECT. 4. This Act shall take effect upon its passage. (Approved May 23, 1889.) AN ACT concerning the appointment of assistant assessors in the city of Cambridge. Be it enacted, etc., as follows: SECTION 1. Assistant assessors for the city of Cambridge shall be appointed by the mayor, subject to confirmation by the board of aldermen, as follows:-In the month of February, in the year eighteen hundred and ninety-one, there shall be so appointed and confirmed five persons, one from each ward,, to be assistant assessors to serve for the term of one year; and in the month of February annually thereafter there shall be so appointed and confirmed five assistant assessors, one from each ward, to serve for the term of one year. Such persons so appointed and confirmed shall enter upon their duties on the first day of March next after their appointment. SECT. 2. Whenever any vacancy shall exist in the office of assistant assessor from any cause, such vacancy shall be filled for the unexpired term by the appointment of the mayor subject to confirmation by the board of aldermen. SECT. 3. The present assistant assessors shall hold office until others are appointed and confirmed under the provisions of this Act, and no longer. SECT. 4. All Acts and parts of Acts inconsistent herewith are repealed. SECT. 5. This Act shall take effect upon its passage. (Approved May 3, 1890.) AN ACT relative to the approaches to Harvard Bridge in Boston and Cambridge. Be it enacted, etc., as follows: SECTION 1. Chapter one hundred and fifty-five of the Acts of the year eighteen hundred and eighty-two, shall be construed to mean that the city councils of the cities of Boston and Cambridge shall each have power and authority to locate, construct, and fix the grade of only such portions. of the avenues of approach to the bridge as lie within their respective territories outside the harbor lines of Charles River; and that neither city shall have power or authority beyond the harbor lines of said river either to locate, construct, or fix the grade of any portion of said avenues within the territory of the other city. SECT. 2. The Acts and doings of the city of Cambridge in relation to the location, laying out, and construction of the avenue of approach to Harvard bridge, in said city, are hereby ratified and confirmed and made binding upon all parties. SECT. 3. All Acts and parts of Acts inconsistent herewith are hereby repealed. SECT. 4. This Act shall take effect upon its passage. (Approved May 26, 1890.) |