Boston (Mass.). Dept. of Parks.

Annual report of the Park Department online

. (page 15 of 29)
Online LibraryBoston (Mass.). Dept. of ParksAnnual report of the Park Department → online text (page 15 of 29)
Font size
QR-code for this ebook


A. L. Richards. (Seal.)

Board op Park Commissioners op the City op Boston,

Charles F. Sprague, Chairman, (Seal.)

Francis A. Walker. (Seal.)

John F. Andrew. (Seal.)



Digitized by VjOOQ IC



105



Commonwealth of Massachusetts.

Suffolk, ss. Dbgembes 20, 1894.

Then personally appeared the above-named Charles Francis
Adams and acknowledged the foregoing instrument to be his free
act and deed.

Before me,

Herbert S. Carruth,

Justice of the Peace.



Digitized by VjOOQ IC



106



STATUTES OF THE COMMONWEALTH RELATING
TO PUBLIC PARKS IN THE CITY OF BOSTON.



[Stat. 1894. — Chap. 288.]

AN ACT TO AUTHORIZE THE METROPOLITAN PARK COMMIS-
SION TO CONSTRUCT ROADWAYS AND BOULEVARDS.

Section 1. The board of metropolitan park commissioners
constitated under the authority of chapter four hundred and seven
of the acts of the year eighteen hundred and ninety-three, is
hereby authorized to connect any road, park, way or other public
open space with any part of the cities or towns of the metropolitan
parks district under its jurisdiction, by a suitable roadway or
boulevard, and for this purpose to exercise any of the rights and
powers granted to said board by said act, in the manner prescribed
by said act, anc! also to take or acquire in fee or otherwise, in the
name and for the benefit of the Commonwealth, by purchase,
gift, devise or eminent domain, any lands or rights or easements
or interest in land within said district, although the land so taken
or any part thereof be already a street or way, and to construct
and maintain along, across, upon or over the same or any other
land acquired by said board by said act, a suitable roadway or
boulevard ; provided^ however^ that the concurrence of the board
of aldermen in the city of Boston for the county of Suffolk, or
the concuiTence of each other county or city or town outside of *
said county of Suffolk, wherein any portion of any street, way,
land or rights in land is taken by right of eminent domain be
obtained, to the taking of said portion by vote of its county com-
missioners, city government or board of selectmen respectively.

Sect. 2. Said board shall have the same authority to deter-
mine the value of, and assess upon real estate the amount of
betterments accruing to, said real estate by the locating and lay-
ing out of any roadway or boulevard herein authorized, as is
conferred by chapter fifty-one of the Public Statutes upon boards



Digitized by VjOOQ IC



107



of city or town officers authorized to lay oat streets or ways, and
the provisions of the first eight sections of said chapter, relating
to ways, shall apply to such assessments by said board ; provided^
however^ that no assessment shall be made upon any real estate
except such as abuts upon the street from the laying out of which
the betterment accrues ; and provided, further, that no betterment
or damages shall be assessed upon or paid to any city or town
onder this act.

Sect. 3. In furtherance of the powers herein granted said
board may appoint clerks, police and such other employees as it
may from time to time find necessary for the purposes of this act,
remove the same at pleasure, and make rules and regulations for
the government and use of the roadways or boulevards under its
care, breaches whereof shall be breaches of the peace, punishable
as such in any court having jurisdiction of the same ; and in
addition said board shall have the same rights and powers over
and in regard to the roadways or boulevards taken and constructed
hereunder as are or may be vested in them in regard to other open
spaces by said chapter four hundred and seven and acts in amend-
ment thereof and in addition thereto, and shall also have such
rights and powers in regard to the same as, in general, counties,
cities and towns have over public ways under their control ; pro-
vided, however, that nothing in this act contained shall be taken or
held to affect or abridge the right of any city or town lying within
said district to pursue and apprehend, as it lawfully may from
time to time, any person or persons who commit within the limit
of said city or town any breach of any statute, ordinance or
regulation. The liability arising out of any defect or want
of repair in any roadway or boulevard maintained by said
metropolitan park commission under this act, and the rights
and remedies thereto appertaining, shall be in all respect
the same as those provided by law in relation to the repairs of
public ways and bridges, in chapter fifty-two of the Public Statutes
and any acts passed from time to time in addition thereto or
amendment thereof. Actions seeking to enforce such rights and
remedies shall be brought against the commissioners as such, but
there shall never be any personal liability on the part of them



Digitized by VjOOQ IC



108



or any of them to any person injured as aforesaid by reason of
such defect or want of repair. Notices required to be served
upon the defendant in proceedings hereunder shall be served
upon the chairman of the board or its secretary. All sums re-
covered against said commission under the foregoing provisions,
together with any costs of suit and counsel fees, expenses and in-
terest, shall be taken and held to be expenses of care and main>
enance, within the intent and meaning of this act as hereinafter
expressed and provided for. Said board may maintain in repair
and lease buildings, together with land appurtenant thereto, upon
any portion of the property at any time taken or acquired by it ;
and also may erect, maintain in repair and lease such buildings,
with land appuiiienant thereto, upon any property at any time
under its control, as may fairly be necessary to serve the public
uses for which such property is held. Said board shall have suit-
able office accommodations for its purposes, and shall keep the
plans, documents, records and accounts of its doings at such
office, and each year shall include a report of the same, with a full
statement of receipts and disbursements hereunder in the report
required by said chapter four hundred and seven.

Sect. 4. The board of aldermen of said city of Boston for the
county of Suffolk, and all other counties lying partly within said
district by vote of their county commissioners, the cities within
said district by vote of their city governments, and the towns
within said district by vote of their selectmen, are hereby re-
spectively authorized and empowered to concur in any taking by
said board, and thereby to transfer their rights in any streets or
lands taken thereunder.

Sect. 5. Said board shall estimate and determine as near as
may be all damages sustained by any person or corporation by
the taking of land, or any right therein under this act ; but any
one aggrieved by such determination of the board may have such
damages assessed by a jury of the superior court in the same
manner as is provided by law with respect to damages sustained
by reason of the laying out of ways. If upon trial damages are
increased beyond the award of the board the aggrieved party shall
recover costs, otherwise such party shall pay costs; and costs



Digitized by VjOOQ IC



109



shall be taxed as in civil cases ; but no suit for such damages
shall be brought after the expiration of two years from the date
of the recording of the taking, as required by the following sec-
tion.

Sect. 6. Within sixty days after any street, way, land or
right therein is acquired or taken under this act, the board shall
file and cause to be recorded in the proper registry of deeds, a
description thereof sufficiently accurate for its identification, with
a statement of the purpose for which the same is acquired or
taken, which description shall be signed by a majority of said
board.

Sect. 7. To meet the expenses of taking and constructing
said roadways or boulevards herein provided for, the treasurer
and receiver general shall, with the approval of the governor
and council, issue scrip or certificates of debt in the name of the
Commonwealth and under its seal, to an amount not exceeding
five hundred thousand dollars, for a term not exceeding forty
years. Such scrip or certificates of debt shall be registered as
bonds or with interest coupons attached, and shall bear interest not
exceeding four per cent, per annum, payable on the first days of
January and July in each year. Such scrip or certificates of debt
shall be designated on the face as Metropolitan Parks Loan, Series
2 ; shall be countersigned by the governor, and shall be deemed a
pledge of the faith and credit of the Commonwealth, and the prin-
cipal and interest shall be paid at the times specified therein, in gold
coin of the United States ; and said scrip or certificates of debt shall
be sold and disposed of at public auction or in such other mode
and at such times and prices, and in such amounts and at such
rates of interest, not exceeding the rate above-specified, as the
governor and council shall deem best. The treasurer and re-
ceiver general shall on issuing any of said scrip or certificates of
debt establish a sinking fund and apportion an amount to be
paid thereto each year sufficient with its accumulations to ex-
tinguish the debt at maturity. Any premium realized on the
sale of said scrip or certificates of debt shall be applied to the
payment of the interest on this loan as it accrues.

Sect. 8. The commissioners required to be appointed by sec-



Digitized by VjOOQ IC



110



tioD eight of said chapter four handred and seven shall also, in the
manner therein required, determine the proportion in wliich each of
the cities and towns of the said district shall annually pay money
into the treasury of the Commonwealth, during each of the five
years ne^ following the first issue of said scrip or certificates of
debt, to meet one half the interest and sinking fund requirements for
each of said years, as estimated by the Treasurer of the Com-
monwealth, and ono half the expense of care and maintenance,
and one half of the office and ranning expenses of said board oc-
casioned by this act, as estimated by said board and certified to
said treasurer, and one half of any deficiency in the amount pre-
viously paid in, and shall then return their award into said coart;
and when said award shall have been accepted by said court the
same shall be a final and conclusive adjudication of all matters
herein referred to said commissioners and shall be binding on all
parties. Before the expiration of said term of five years, and
every five years thereafter, the commissioners then appointed
under said section eight of said act shall, in the manner directed in
said act, determine the proportion in which each of the cities and
towns of said district shall annually pay money into the treasury
of the Conmionwealth as aforesaid, for the ensuing term of five
years, and shall return their award into said court ; and when said
award shall have been accepted by said court the same shall be a
final and conclusive adjudication of all matters herein referred to
said commissioners and shall be binding on all parties. The re-
maining one half of all said annual expenses shall be paid by the
Commonwealth.

Sect. 9. The metropolitan park commission shall annually
estimate the expenses of preservation and necessary care of said
public reservations for the ensuing year, and the proportion of
office and running expenses occasioned by the passive of this act,
and certify the same to the treasurer, who shall apportion said
expenses in the manner provided in the following section.

Sect. 10. The amount of money required each year from each
city and town of the metropolitan parks district, to meet the in-
terest, sinking-fund requirement, and expenses aforesaid for each
year, and deficiency, if any, shall be estimated by the treasurer



Digitized by VjOOQ IC



Ill



of the Commonwealth in accordance with the proportion de-
termioed as aforesaid, and shall be included in and made a part
of the sum charged to soch city or town and be assessed upon
it in the apportionment atid ^assessment of its annual state tax ;
and said treasurer shall in each year notify each city and town of
the amount of such assessment, and the same shall be paid by
the city or town into the treasury of the Commonwealth at
the time required for the payment and as a part of its state tax.
The amount of money required each year to meet the remaining
one half of the interest, sinking fund requirement and expenses
aforesaid for each year, and deficiency, if any, shall be included
in and made a part of the annual state tax levy.

Sect. 11. The supreme judicial court shall have jurisdiction in
equity to enforce the provisions of this act, and shall fix and de-
termine the compensation of all commissioners appointed by said
court, whether under the provisions hereof or of said chapter four
hundred and seven.

Sect. 12. This act shall take effect upon its passage.

[Approved April 21, 1894.]



[Stat. 1894 — Chap. 396.]

AN ACT TO AUTHORIZE THE CITY OP BOSTON TO INCUR IN-
DEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR
PARK PURPOSES.

Section 1. The city treasurer of the city of Boston, to pay
the expenses of construction of the public parks of said city, in-
cluding the payments for land, shall from time to time, as speci-
fied in requests of the board of park commissioners of said city,
approved by the mayor, issue notes, bonds or scrip of said city,
but the total amount so issued shall not exceed one million dol-
lars. Said notes, bonds or scrip shall be made payable in thirty
years from their date, and bear interest payable semi-annually at
a rate not exceeding four per cent, per annum, to be fixed by
said treasurer with the approval of said mayor.



Digitized by VjOOQ IC



112



Sect. 2. Said treasurer shall sell said notes, bonds or scrip so
issued and retain the proceeds thereof in the treasury of the city,
and pay therefrom the expenses aforesaid, as they may hereafter
be contracted by said board ; provided, however, that he shall pay
over to the board of commissioners of sinking funds of said city
any premiums received in the sale of said notes, bonds or scrip ;
aud said board of commissioners of sinking funds shall place all
amounts so paid by said treasurer in the sinking fund for the
payment of the loan hereby authorized.

Sect. 8. The debts and loans authorized by this act shall not
be included in determining the limit of indebtedness fixed for
said city, and the notes, bonds or scrip shall not be issued until
after the first day of January in the year eighteen hundred and
ninetj'-five.

Sect. 4. This act shall take effect upon its acceptance by the
city of Boston.

[Approved May 17, 1894.]



[StAT. 1894 — Chap. 483.]

AN ACT TO AUTHORIZE THE COMMONWEALTH TO ACQUIRE
THE LOCATION IN PART OP THE BOSTON, REVERB BEACH
& LYNN RAILROAD, AND TO AUTHORIZE A RELOCATION
IN PART OP SAID RAILROAD.

Section 1. The metropolitan park commission created by
chapter four huqdred and seven of the acts of the year eighteen
hundred and ninety-three is hereb}' further authorized and em-
powered, to the full extent of the Commonwealth's power of
eminent domain, to take and acquire in the name and for the
benefit of the Commonwealth, by the exercise hereunder of any
of the powera named in said act and in the manner therein
prescribed, all the right, title and interest of the public or any
corporation or individual in, to or concerning any of the land,
flats, or beach in the town of Revere lying along, upon or near,
and including so much of, the present location and railroad of the
Boston, Revere Beach & Lynn Railroad Company, as said board



Digitized by VjOOQ IC



113



may deem best, and to hold, maintain, and care for the same as a
park or public open space for exercise and recreation, in the man-
ner prescribed in said act : provided^ however^ that said board
shall not interfere with the operation of said railroad during a
period of twelve months from the time of taking or acquiring any
portion thereof.

Sect. 2. The damages sustained by said railroad company or
by any other corporation or individual by reason of any taking or
acquisition hereunder by said board, shall be estimated, de-
termined, assessed and recovered in the manner provided in sec-
tion seven of said chapter four hundred and seven of the acts of
the year eighteen hundred and ninety-three.

SpCT. 8. Said board may erect, maintain in repair or lease
such buildings, with land appurtenant thereto, as they may deem
necessary, upon any property at any time lawfully held or con-
trolled by them under the provisions of this act.

Sect. 4. Section nine of said chapter four hundred and seven
of the acts of the year eighteen hundred and ninety-three is hereby
amended by inserting in the second line, after the word ^' act/'
the words: — and all other acts in amendment hereof and in ad-
dition hereto, — and by inserting in the sixth line, after the word
" million," the words : — five hundred thousand, — so as to read as
follows: — Section 9. To meet the expenses incurred under the
provisions of this act and all other acts in amendment hereof and
in addition hereto, the treasurer and receiver general shall, with
the approval of the governor and council, issue scrip or certificates
of debt in the name and behalf of the Commonwealth and under
its seal, to an amount not exceeding one million five hundred
thousand dollars, for a term not exceeding forty years. Said
scrip or certificates of debt shall be issued as registered bonds or
with interest coupons attached, and shall bear interest not exceed-
ing four per cent, per annum, payable semi-annually on the first
days of January and July in each year. Such scrip or certificates
of debt shall be designated on the face as the Metropolitan Parks
Loan; shall be countersigned by the governor, and shall be
deemed a pledge of the faith and credit of the Commonwealth,
and the principal and interest shall be paid at the times specified



Digitized by VjOOQ IC



114



therein in gold coin of the United States ; and said scrip or cer-
tificates of debt shall be sold and disposed of at pablic auction or
in such other mode and at such times and prices, and in such
amounts and at such rates of interest, not exceeding the rate
above-specified, as the governor and council shall deem best.
The treasurer and receiver general shall, on issuing any of said
scrip or certificates of debt, establish a sinking-fund, and appor-
tion an amount to be paid thereto each year suflScient with its
accumulations to extinguish the debt at maturity. Any premium
realized on the sale of said scrip or certificates of debt shall be
applied to the payment of the interest on said loan as it accrues.

Sect. 5. After such taking or acquisition of its lands, railroad
or location hereunder, said railroad company may, in accordance
with the provisions of chapter one hundred and twelve of the
Public Statutes and of all general laws then in force relating to
the fixing of the route of railroads, the laying out of the same
and the taking of lands and the payments of damages therefor,
take a new location and necessary land and rights in land within
the town of Revere, and construct, maintain and operate a new
line of railroad outside of the lands taken or acquired by said
board, in place of the portion of the location and railroad taken
or acquired as aforesaid.

Sect. 6. This act shall take effect upon its passage.

[Approved June 16, 1894.]



[Stat. 1894 — Chap. 609.]

AN ACT TO AUTHORIZE THE METROPOLITAN PARK COM-
MISSION TO EXPEND A SUM OF MONEY IN ADDITION TO
THE AMOUNTS HERETOFORE AUTHORIZED, FOR OPEN
SPACES ALONG OR NEAR THE CHARLES RIVER.

Section 1. The metropolitan park commission, for the pur-
pose of acquiring and making available, under chapter four hun-
dred and seven of the acts of the year eighteen hundred and
ninety-three, open spaces for exercise and recreation along or
near the Charles river, from the Essex street bridge, so-called, at



Digitized by VjOOQ IC



115



Cottage Farms, towards the source of the river, may expend the
som of three hundred thousand dollars in addition to any and all
sums hitherto authorized to be expended by them by said act and
by all acts in addition thereto or in amendment thereof ; and to
meet the expenses incurred hereunder, the treasurer and re-
ceiver general shall issue a corresponding amount of scrip or
certificates of indebtedness as an addition to the Metropolitan
Parks Loan, and establish a sinking fund to provide for the same ;
said scrip or certificates of indebtedness to be issued and said
sinking fund to be established, assessed and collected in accord-
ance with the provisions of sections nine, ten, eleven and twelve of
chapter four hundred and seven of the acts of the year eighteen
hundred and ninety-three, as far as applicable hereto.

Sect. 2. Said act is hereby amended by striking out section
eleven and inserting in place thereof the following : — Section 11.
The metropolitan park commission shall annually estimate and
certify to the auditor the expenses of preservation and necessary
care of said public open spaces for the ensuing year, which ex-
penses shall be apportioned by the treasurer and receiver general
in the manner provided in the following section.

[Approved June 22, 1894.]



Digitized by VjOOQ IC



116



STATUTES OF THE COMMONWEALTH RELATING TO
PUBLIC PARKS IN THE CITY OF BOSTON.



TiAB. Clutpter.

. 1866, 247. — An Act to authorize the Erection of a Sea-wall,

and the filling of certain flats in Charles riyer,

to abate a nuisance.
♦1870. 288. — An Act for the Laying out of one or more Public

Parks in or near the City of Boston.
tl875. 185. — An Act for the Laying out of Public Parks in or

near the City of Boston.

1880. 144. — An Act to authorize the connection of the Arnold

Arboretum with the System of Parks of the City
of Boston.

1881. 92. — An Act in addition to an Act for the Laying out

of Public Parks in or near the City of Boston.
[Charles-river Embankment.]

1881. 197. — An Act to authorize the Construction of the

Charles-river promenade.

1882. 168. — An Act to authorize the City of Boston to Issue

a Public Park Loan.
1884. 226. — An Act in relation to betterments for Locating,
Laying out, and Constructing Streets, Ways,
and Public Parks.

1884. 237. — An Act in relation to assessments for Public Im-

provements.

1885. 299. — An Act requiring notice of assessments of better-

ments to be given to the party to be charged
thereby.
1885. 360. — An Act in further addition to an Act for the Lay-
ing out of Public Parks in or near the City of
Boston. [Marine Park.]

* ThiB Act vrtLB to take effect wben accepted by tinro-thirds of the legal voters voting
thereon at the State election. The vote in favor was 0,283; agalnsti 6,916. The Act conse-
quently was rejected.

t This Act was accepted by a majority of the legal voters voting thereon, June 9, 1876.
Teas, 3,706; Nays, 2,311.



Digitized by VjOOQ IC



117



Tsar. Chapter.

1886. 65. — An Act extending the time for the completion of
the Public Park in the City of Boston known as
the Charles-river Embankment.

1886. 134. — An Act to change a portion of the line of the Sea-
wall of the Public Park in the City of Boston,
known as the Charles-river Embankment.

1886. 304. — An Act to authorize a Loan for the construction

of Public Parks in or near the City of Boston.

1887. 312. — An Act to authorize a Loan for the payment for

lands heretofore acquired for Public Parks in
or near the City of Boston.

1887. 427. — An Act to enlarge the area for the proposed Ma-

rine Park of the City of Boston between South
Boston and Castle Island.

1888. 376. — An Act to authorize the City of Boston to refund

a portion of the money paid as betterments for
the Marine Park in said City.

1888. 392. — An Act to enable the City of Boston, for the pur-

pose of obtaining lands for its Public Parks, to
incur indebtedness outside of the limit fixed by
law.

1889. 129. — An Act relating to buildings in the Public Parks

of the City of Boston.

1889. 438. — An Act to authorize the enlargement of the pro-

posed Marine Park in the City of Boston.

1890. 271. — An Act to authorize' the City of Boston to incur

indebtedness outside of its debt limit, to pro-
cure and construct one or more Public Parks in
the Charlestown District of the City of Boston.

1890. 339. — An Act changing the boundary between the City



Online LibraryBoston (Mass.). Dept. of ParksAnnual report of the Park Department → online text (page 15 of 29)