Annexation of part 1803, c. 111, § 1. Lots of land to be STATUTES. 1. By an act passed March 6, 1804, all that part of Dorchester lying northeast of the following line, viz: Beginning at a stake and stones at Old Harbor, so called, at the southwest corner of land formerly belonging to John Champney, running north thirtyseven and one-half degrees west, to a large elm-tree, marked D. on the southwest side, and B. on the northeast side, standing on land belonging to the heirs of Thomas Bird, deceased; then running the same course to a heap of stones on the southeast side of the road; thence across the road, the same course, to a heap of stones on the northwest side; thence on the same course to a black oak-tree, standing on a small hummock, marked D. on one side, and B. on the other side, upon land of Ebenezer Clap, Jr.; thence the same course till it comes to Boston Harbor, -with the inhabitants thereon, was annexed to the town of Boston, in the county of Suffolk. 2. It was provided in said act that the proprietors of the said tract should assign and set apart three lots of land on the same, for the public use, viz: One lot for the purpose of a public marketplace, one lot for a school-house, and one lot for a burial-ground, to the satisfaction and acceptance of the selectmen of the town of Boston; or, in case the said selectmen and proprietors should not agree upon the said lots, it should be lawful for the supreme judicial court, at any session thereof in the said county of Suffolk, upon application of the said selectmen, to nominate and appoint three disinterested freeholders within the commonwealth, and not inhabitants of said town of Boston, to assign and set off the three lots aforesaid, by metes and bounds, and the report of the said freeholders, or any two of them, being made and returned to, and accepted by, the said court, at any session thereof in said county, should be final and binding upon all parties; and the lots of land by them assigned and set off as aforesaid, should thenceforth vest in the said town of Boston forever, without any compensation to to be made therefor by the town; but if the person or persons whose land should be assigned and set apart as aforesaid, should demand compensation therefor the same should be appraised by three freeholders to be appointed as aforesaid, who should also assess upon the other proprietors, the sum or sums which each should be holden to pay to the person whose lands might be thus assigned for public use; and the report of said freeholders, or any two of them, being made and returned to, and accepted by, said court, judgment thereon should be final, and execution awarded as in cases of reports by referees, under a rule of court. ized to lay out streets in South Boston. 1803, c. 111, § 3. 1 16 Pick. 442. Cush. 290. 12 Cush. 574. 5 Cush. 1. Gray, 203. 14 Gray, 282. 3. The selectmen of Boston were authorized to lay out such Selectmen authorstreets and lanes through the said tract, as in their judgment might be for the common benefit of the said proprietors and of said town of Boston; a reasonable attention being paid to the wishes of the proprietors; and in case of disagreement between the selectmen and proprietors, or either of them, the same proceedings were to be had as were provided by law in other cases for laying out townways; provided, only, that no damages or compensation should be allowed to any proprietor for such streets and lanes as might be laid out within twelve months from the passing of this act; and provided, also, that the town of Boston should not be obliged to complete the streets laid out by their selectmen pursuant to this act, sooner than they might deem it expedient to do so.1 4. By an act passed May 21, 1855, it was provided in the first section that all the territory of the town of Dorchester, in the county of Norfolk, which lies northeasterly of a line extending from a stake and stones on the headland, near the line between the said town of Dorchester and the city of Roxbury, in said county of Norfolk, north fifty-six degrees west, across the easterly side of the Old Colony Railroad, one hundred and forty feet from the centre of a culvert, next south of said line two thousand eight hundred and twenty-three feet to a stake and stones on the headland; thence in a straight line to the centre of the channel of Dorchester Bay, which is the dividing line between said Dorchester and the town of Quincy, with all the inhabitants and estates therein, be set off from the town of Dorchester and annexed to the city of Boston, in the county of Suffolk, and be considered and deemed a part of the city of Boston; provided, that the said territory and the inhabitants thereon set off as aforesaid, should be holden to pay all taxes then assessed or ordered to be assessed by said town of Dorchester, not extending beyond the first day of May, eighteen hundred and fifty-six, in the same manner as if such act had not been passed; and provided, further, that all paupers who had gained a settlement in said town of Dorchester by a settlement gained or derived within said territory, should be relieved or supported by said city of Boston, in the same manner as if they had a legal settlement in said city of Boston. Provisos. Additional te tory annexed (Washington vil lage). 1855, c. 468, § 1. .out. 5. By the third section of said act it was provided that the Streets to be laid mayor and aldermen2 of the city of Boston be authorized to lay out such streets and lanes over the said tract, within twelve 1 See city doc. 67, 1864, and 122, 1867. 2 By the city charter of 1854, § 33, the power to lay out streets is vested in the board of aldermen. Ibia. § 3. 1855, c. 468, § 3. months from the passage of said act, as, in their judgment, the interests of the proprietors of lands in said tract, and the public convenience might require; provided, said proprietors should relinquish any claim for damages or compensation for the land over which said streets and lanes may be so laid out within the time aforesaid. Cullers of hoops and staves to be chosen. G. S. 49, §-84, Quality and size of Of hogshead hoops, &c. Ibid. 86. 1. In every maritime place from which staves are usually exported, there shall be annually chosen two or more suitable persons to be viewers and cullers of staves and hoops, who shall be sworn. 2. White oak butt staves shall be at least five feet in length, five inches wide, and one inch and a quarter thick on the heart or thinnest edge and every part thereof; white oak pipe staves shall be at least four feet and eight inches in length, four inches broad in the narrowest part, and not less than three-quarters of an inch thick on the heart or thinnest edge; white oak and red oak hogshead staves shall be at least forty-two inches long, and not less than half an inch thick on the heart or thinnest edge; white oak and red oak barrel staves for foreign market shall be thirty-two inches long, and for home use thirty inches long, and shall average half an inch thick on the heart or thinnest edge; white oak and red oak hogshead and barrel staves shall be at least four inches in breadth, and none less than three inches in breadth in the narrowest part, and those of the breadth last mentioned, shall be clear of sap; and all staves shall be well and proportionably split. 3. Hogshead hoops that are exposed to sale or exported, shall their length, size, be from ten to thirteen feet in length, of white oak or walnut, of good and sufficient substance, and well shaved; those of oak shall not be less than one inch broad at the least end, and those of walnut shall not be less than three-quarters of an inch broad at the least end; each bundle shall consist of thirty hoops; and all hoops of ten, twelve, and thirteen feet respectively, shall be made up in distinct bundles by themselves. If hoops of less dimensions than those G. S. 49, § 86 prescribed by law are packed, or if a bundle contains less than thirty hoops, the bundle shall be forfeited, and may be seized by the culler of hoops, and libelled for the benefit of the place where it is offered for sale. Ibid. § 87. 4. Cullers shall be allowed for their time and services fifty Fees for culling. cents a thousand for hoops, twenty-eight cents a thousand for barrel staves, thirty-three cents a thousand for hogshead staves, forty cents a thousand for pipe staves, and forty-four cents a thousand for butt staves, as well refuse as merchantable; the merchantable to be paid for by the buyer, the refuse by the seller. 5. If a culler connives at, or is guilty of, fraud in culling staves or hoops, he shall forfeit fifty dollars for each offence; and if he refuses to perform service when requested, shall forfeit five dollars. Penalty for fraud in culling. 1. No furnace for melting iron or making glass, and no stationary steam-engine designed for use in any mill for planing or sawing boards or turning wood, or in which any other fuel Steam-engines and furnaces not to be used in certain cases without license. G. S. 88, § 33. 8 Gray, 195. 1 Allen, 137. Proviso. Public notice of Municipal officers may regulate furnaces, steam engines, &c. Ibid. § 35. May be adjudged a nuisance. Appeal, and proceedings thereon. Ibid. § 36. than coal is used to create steam, shall be erected or put up to be used in any city or town by which the provisions relating thereto of chapter one hundred [and] ninety-seven of the statutes of eighteen hundred and forty-five1 or chapter ninety-six of the statutes of eighteen hundred and forty-six, respectively, have been adopted, or by which this and the seven following sections shall have been adopted, at a legal meeting of the city council of the city or the inhabitants of the town, called for that purpose, unless the mayor and aldermen or selectmen thereof have granted a license therefor, prescribing the place where the building in which such steam-engine or furnace is to be used shall be erected, the materials and construction thereof, with such regulations as to the height of flues and protection against fire as they deem necessary for the safety of the neighborhood. Such license may be granted on a written application, and shall be recorded in the records of the city or town. 2. Upon application for such license, the mayor and aldermen or selectmen shall assign a time and place for the consideration of the same, and cause at least fourteen days' public notice thereof to be given, at the expense of the applicant, in such manner as they may direct, in order that all persons interested may be heard thereon. 3. In any city or town by which chapter one hundred and ninety-seven of the Statutes of eighteen hundred and forty-five has been adopted, or by which sections, thirty-three, to forty, inclusive (being sections one to eight, inclusive of this text), shall have been adopted at a legal meeting of the city council of the city or inhabitants of the town called for that purpose, the mayor and aldermen or selectmen, after due notice in writing to the owner of such steam-engine or furnace, except for making glass, erected or in use therein before the time of such adoption, and a hearing of the matter, may adjudge the same to be dangerous or a nuisance to the neighborhood, and make and record an order prescribing such rules, restrictions, and alterations, as to the building in which the same is constructed or used, the construction and height of its smoke-flues, with such other regulations as they deem necessary for the safety of the neighborhood; and the city or town clerk shall deliver a copy of such order to a constable, who shall serve on the owner an attested copy thereof, and make return of his doings thereon to said clerk within three days from the delivery thereof to him. 4. The owner of a steam-engine or furnace who is aggrieved by such order, may apply to the superior court, or a justice 1 Adopted by the city council of Boston, April 21, 1845. |