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[Apprai'ed by the Governor^ June 6, 1856.]

Chap, 285 -^ ^^ to protect the Fishery in the Town of Edgartown.

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :

Seine flthing pro. Sect. 1. No pcTsou shall sct, draw or stretch, any seine
AjJlTto^ber. OT uct of any kind, within one mile from the shore of any
of the ponds, creeks, bays, harbors or inlets of the sea within
the limits of the town of Edgartown, excepting in a pond
known by the name of the Oyster .Pond, from the first day
of April to the first day of October, inclusive, in each year ;
nor shall any person, not an inhabitant of said town, at any
time, set, drag or stretch any seine or net in any of the
ponds, creeks or outlets thereof. The seining of menhaden
and mackerel is exempted from this act.
Penalty »nd aeta- Sect. 2. Any pcrsou violating any provisiou of this act,
"~' shall be liable to a fine not exceeding three hundred dollars

for each offence ; or any boat, vessel or fishing apparatus,
used by persons in violating the provisions of this act, may be
seized and detained, not exceeding the time of forty-eight
hours, by any person appointed for the purpose by the town
of Edgartown, for the purpose of duly prosecuting the per-
son offending this law.
fchTSi^Sr* Sect. 3. The town of Edgartown is hereby authorized
to choose, at the annual town meeting, or at any meeting
duly warned for that purpose, such number of fish wardens
as may at the time be thought necessary, who shall be sworn
Their duty. to the faithful discharge of their duty, whose duty it shall
be to prosecute for offences against the provisions of this
act ; one-half of all fines imposed and collected shall inure



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1856.— Chaptee- 286. 219

to the fish wardens, and the other half to the Common-
wealth.

Sect. 4. All fines or penalties for violating any provision fim*, how recoT-
of this act, with costs, may be sued for and recovered in ^"^
any court competent to try the same, on complaint of either
of th€( fish wardens.

Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor^ June 6, 1856.]

Ax Act in addition to an Act to establish the District of Marshpee. Chdp* 286

Be it enacted by the Senate and House of Representor-
lives J in General Court assembled^ and by the authority of
the samCy as follows :

Sect. 1. No person, not a proprietor of the district of vot«r» inMarsh-
Marshpee in his own right, shall be qualified to vote in the ^^'
elections and other affairs thereof, in right of his vnfe being
a proprietor, except as hereinafter provided.

Sect. 2. Any person not a proprietor, in his own right, Non-pr^rietow,
and being the husband of a female proprietor, may, at any
time not less than thirty days previous to the annual elec-
tion, make application to the selectmen of the district to be
admitted to the franchise ; the selectmen shall, thereupon,
insert his name in the warrant calling such meeting, and
his application shall then be voted and decided upon by the
proprietors ; and if he shall be admitted by the votes of said
proprietors, he shall have and enjoy all the rights of pro-
prietorship : provided, that the said applicant shall have
resided in the district for at least five years before he shall
^be so admitted.

Sect. 3. Whenever a vacancy shall occur in the office of vacancy of twM-
treasurer of the district of Marshpee, the proprietors ^f '>^'*>^'^*"*'
said district, entitled to vote, shall, in a district meeting
called for that purpose, and notified not less than one fort-
night beforehand, elect and recommend a suitable person to
be appointed treasurer by the governor and council, under
the one hundred and eighty-sixth chapter of the acts of
eighteen himdred and ^ty-three, entitled "An Act to
abolish the oflfice of Commissioner of Marshpee," and a
copy of the record of the vote, making such election and
recommendation, shall be submitted to the governor and
council ; and the person so elected and recommended, sliall
be appointed as treasurer of said district, unless, in the
judgment of the governor and council, such appointment
shjJl be unsuitable, in which case the office shall be filled i^
the manner now provided by law.



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220 1856.-^HAPTER8 287, 288.

Act not to apply, Sect. 4. The first and sccond sections of this act shall
not be construed to apply to any inhabitants of said district
who may have been entitled to vote at the last annual dis-

whttitotaiM trict election; neither shall this act take effect, unless it
shall be adopted by a majority of votes, at a district meeting
called for that purpose, and notified at least sixty days
beforehand, or at the next annual district meeting — a ma-
joriety of the proprietors, entitled to vote, being present at
such meeting. [Approved by the Governor^ June 6, 1856.]

Chop* 287 An Act to incorporate the Bowdoin Mutual Fire Insurance C<»npany.

Be it enacted by the Senate and House of Representee
tiveSy in General Court a^sembledy and by the authority of
the same J as follows :

corpontora 8ect. 1. JoBcph L. Drcw, Isaoc T. Campbell, Christo-

pher C. Barney, their associates and successors, are hereby

Num. made a corporation by the name of the Bowdoin MutujJ

Fire Insurance Company, to be located in the city of Boston,

b™«*[«>. and estabhshed for twenty-eight years, for the purpose of
making insurance upon any buildings, stocks, tools, ma-
chinery, merchandise, or any property whatever, against

JtoriSoM'fcT ^^^® ^^ damage by fire ; with all the powers and privileges,
* ** and subject to all the duties, liabilities and restrictions, set
forth in the thirty-seventh and forty-fourth chapters of the
Revised Statutes, and all other laws of this Commonwealth,
made, or to be made, relating to mutual insurance compa-
nies.

Sect. 2. This act shall take effect from and after its

passage. [Approved by the Governor^ June 6, 1856.]

[ •

Chap, 288 An Act authorizing the Towns of Truro and Prorincetown to construct a

Bridge oyer East Harbor.

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :

SJd^^iSiSS^ Sect. 1. The selectmen of the towns of Truro and
town. Provincetown are hereby authorized and empowered to con-

struct or rebuild a bridge over East Harbor, so called, in
the towns of Truro and Provincetown aforesaid, within two
years from the passage of this act ; and said towns, or either
of them, shall not be liable to indictment, if said bridge is
completed within that time.

Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, June 6, 1866.]



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1856.— Chapters 289, 290. 221

Aw Act for the preservation of Fish in the Merrimac River, Chap. 289

Be it enacted by the Senate and House of Representa-
lives ^ in General Court assembled^ and by the authority of
the same J as follows :

Sect. 1. The Essex Company shall, before the first day Fishway to be
of February which will be in the year one thousand eight °^"'**°®^'
hundred and fifty-seven, make, and forever thereafter main-
tain in or around their dam in Lawrence, a suitable and
sufficient fishway for the usual and unobstructed passage of
fish during the months of April, May, June, September and
October, in every year, under a penalty of not less than one Penalty fcr ncs-
hundred dollai*s nor more than five hundred dollars, for^^*'
every day said company shall neglect to make and maintain
such fishway after said first day of February, to be recov-
ered by indictment in either county of Essex or Middlesex,
ono-haif to the use of the complainant and one-half to the
use of the Commonwealth.

Sect. 2. No person shall take any fish with a spear, net, n<«triction« on
hook or, seine, during either of the months aforesaid, in any *^*^*"'"
year, within eighty rods of said dam or the entrance of said
fishway.

Sect. 3. Every person offending against the provisions Pc«»^ty for vio-
of the preceding section shall be punished by fine not ex- ^ °^'
ceeding one hundred dollars for each offence, one-half of
which shall inure to the use of the complainant and the
other half to the use of the Commonwealth.

Sect. 4. All acts or parts of acts, inconsistent herewith,
are hereby repealed. [Approved by the Governor^ June G,
1856.]

An Act concerning the Camhridge Water "Works. Chap. 290

Be it enacted by the Senate and House of Reprcsenta-
tiveSj in General Court assembled^ and by the authority of
the same, as follows :

Sect. 1. The Cambridge Water Works are hereby au- May draw water
thorized, for the purpose of furnishmg the inhabitants Qf'^™*'^*»Po*><*
Cambridge with a supply of soft water, to raise the waters
of Fresh Pond by steam-power into a recei\dng reservoir,
and conducting the same by pipes from thence through the
city of Cambridge : provided, however, that they shall not, Prori.©
at any time, draw the waters of said pond, or of Spy and
Little Ponds, below low-water mark of said ponds.

Sect. 2. Said Cambridge Water Works may construct a ^^^^^^"^^
dam at the outlet of Fresh Pond, at some convenient place
near ttie ConQord AveauQ, ftud also a dam Qn the outlets pf



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222 1856.— Chapter 290.

Spy and Little Ponds, at some convenient place on tiie same,
near the place where said streams pass under the Lexington
ProTiso. Branch Railroad : provided^ however^ that they shall not, at

any time, raise the waters of Fresh, Spy or Little Ponds, by
means of said dams, so that they shall rise above high-water
mark of said ponds,
commifrioror^to Sect. 3. A commissioncr shall be nominated by the gov-
on*»]Spu<»tion,^' cmor and council, on application of said Cambridge Water
^^' Works, or of any party in interest, who shall, at the cost and

expense of said water works, after notice to all parties in
interest, ascertain the points between which the waters of
said ponds and said brooks rise and faU, and shall erect per-
manent monuments showing the same, and shall make a
full report of all his doings to the governor and council.
May uy pipes, Sect. 4. Thc Said Cambridge Water Works may lay
^imdaquwiucte, pjp^g^ build and maintain aqueducts and reservoirs, for con-
ducting, holding and distributing water, may erect and main-
tain engine-houses, and may construct and maintain any
other works necessary for the carrying on the purposes for
which they are chartered.
May take, hold Sect. 6. For thc purposcs aforesaid, the Cambridge
M conrey n , -^^^j, ^YQ^^g may take, hold and convey, land, water and
ProTtoo. water-rights : provided^ however^ that before entering upon

the lands and water-rights, or taking any water of any per-
son or corporation, they shall file their petition before the
supreme judicial court for the county of Sufifolk, praying
for the appointment of three commissioners, to assess the
damages, if any, caused by taking land, water or water-
^mm^rioncnto rights ; and such commissioners shall have full power, after
*"*** ^" due notice to each party, to assess the damages, if any,
which shall be paid by said Cambridge Water Works, and
their determination, or that of the major part of them, being
returned into and accepted by said court, shall be final and
binding upon both parties, and judgment shall be rendered
thereon, unless one of the said parties shall claim a trial by
jury, as is hereinafter provided.
Su^tSE*5°jX ^ECT. 6. In case either party shall claim a jury trial, as
ry "* ^ " provided in the last section, such party may, at the term at
which such award is accepted, or the next term thereafter,
claim, in writing, a trial at the bar of said court, and have
a jury to hear and determine all questions of fact relating
to such damages, and to assess the amount thereof; and in
case a greater sum is not awarded than that allowed by said
costt. commissioners, such party shall pay the costs in the petition,

VCTdkt to be and the verdict of such jury being accepted and recorded
by said court, shall be fiinal and conclusive, and Judgment
ghall be rendered thereon.



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1856.— Chapter 290. 223

Sect. 7. Whenever judgment shall have been rendered Jadgment to b«
for any damages assessed, as before provided, the said Cam- Jiterfng upS^
bridge Water Works shall thereupon pay to the clerk of the ^"**'' ^"^
court the amount of said judgment, with interest thereon,
together with the costs of court taxed by the clerk, which
sum shall be in full satisfaction of said judgment ; and imtil
it is satisfied, as aforesaid, said Cambridge Water Works
shall have no right to enter upon said land, water or water-
rights.

Sect. 8. Tlie said Cambridge Water Works shall keep J^*»^y ^ ^
open a good and sufficient way, for the passage of the fish *p***p®°
that usually go up into Fresh, Spy and Little Ponds, in their
usual and proper season in the year, between the first day
of March and last day of June, inclusive : provided ^ such Proviso
fishway need not be kept open in the spring of the year,
before the persons having a right of fishing in said streams,
or some one of them, shall have notified the water works to
open them. And said water works, if they do not comply Penalty.
with the provisions of this section, shall forfeit and pay the
sum of five hundred dollars for each and every day during
which they shall wilfully neglect to comply therewith, to be
recovered in an action of tort, to the use of any person or
persons who shall sufier tlierefrom, who shall sue for the
same in any court of competent jurisdiction.

Sect. 9. The occupant of any tenement shall be liable Luwuty for wa-
fer the payment of the price or rent for the use of the water **'"*"*
in such tenement, and the owner thereof shall be also liable
if, on being notified of such use, he does not object thereto ;
and if any person or persons shall use any of said water
raised as aforesaid, in the city of Cambridge, without the
consent of said water works, an action of tort may be main-
tained against him for the recovery of damages therefor.

Sect. 10. If any person or persons shall, wantonly or Penalty for di-
maUciously, divert the water or any part thereof, of any of Z?*'^ ^'^'^
the ponds, streams or water sources, which shall be used by
the Cambridge Water Works, pursuant to the provisions of
this act, or shall corrupt the same, or render it impure, or
destroy or injure any dam, reservoir, pipe, hydrant, building,
machinery, or other property held, owned, or used by said
Cambridge Water Works, by the authority and for the pur-
poses for which they are chartered, every such person or
persons shall forfeit and pay to said water works, three times
the amount of the damages that shall be assessed therefor,
to be recovered by any proper action, — and every such per-
son or persons may, moreover, on indictment and conviction
of either of the wanton and malicious acts aforesaid, be



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224



1856.— Chapter 291.



Not to affect
pending sidts.



T^lien and how to
take eflect.



punished by fine not exceeding five hundred dollars, and
imprisonment not exceeding three months : provided^ tliat
nothing in this section contained, shall be construed to pre-
vent the abutters on said pond, from entering upon said pond
during the winter season, for the purpose of cutting ice,
with men and horses, and the proper implements for pre-
paring and cutting the said ice, and securing the same in
the manner heretofore practised.

Sect. 11. Nothing in this act contained shall be con-
strued to affect, in any manner, the rights of any party or
parties to any suit or proceeding in law or equity, now
pending.

Sect. 12. This act shall not take effect unless the legal
voters of the city of Cambridge, at a meeting notified for
that purpose, at least thirty days before the day appointed
for such meeting, shall, by a majority of the votes cast at
such meeting, agree to accept the same. [Approved by the
Governor^ June 6, 1856.]



Chap, 291 ^^ ^^ ^^ authorixe the Commissioners of the County of Bristol
-* * * Money either to repair or to build a House of Correction.



toboRow



May borrow

»60,000.



Former act re-
pealed.



When to take
effect.



Be it enacted by the Senate and House of RepresetUa-
tives, in General Court assembled^ and by the authority of
the same, as follows :

Sect. 1. Tlie county commissioners for the county of
Bristol are hereby authorized and empowered to borrow, on
the credit of said county, in addition to the amount of debt
they are now authorized to contract, a sum not exceeding
sixty thousand dollars, the same to be expended by the said
commissioners, or their successors in office, either in repair-
ing and enlarging the present house of correction, or in
erecting a new one, as they in their judgment shall deem
best.

Sect. 2. Chapter two hundred and nineteen of the stat-
utes of the year eighteen hundred and fifty-five, is hereby
repealed.

Sect. 3. This act shall not take affect until after the
next election of a county commissioner for said county.
[Approved by the Governor, June 6, 1856.]



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1856.— Chaptek 292. 225

An Act oonoenking the Indeziiig of Deeds. Chup. 292

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same J as follows :

Sect. 1. Whenever any deeds or other conveyances by Deeds of •xbcu-
executors, administrators, guardians, or persons acting S'Si indiwi!''
under or by authority of an order of any court of competent
jurisdiction, or of a resolve of the general court, shall be left
for record at any of the registries of deeds in this Common-
wealth, it shall be the duty of the register to enter in tlie
entry books and indexes of the grantors, the names of the
testators, intestates, wards and persons whose estates are
conveyed, when the same shall appear by such deeds, and
also, the names of such executors, administrators, and guar-
dians. And whenever any decree for the partition of land or
commis^oner's return thereon, shall be so left for record, it
shall be the duty of the register to enter the names of all the
persons whose estates shall plainly appear to be affected
thereby, in the entry books, and in the indexes of the grant-
ors and of the grantees.

Sect. 2. The county commissioners in each county shall SS^^S"*"^!^
hereafter procure, at the charge of their respective counties, cureindexeean-
a copy, to be made by some competent person or persons, °"*"^' ^•^f^
within the first six months of each and every year, of the
indexes in the registries of deeds in their respective counties,
for the preceding year, in which the grantors and grantees
shall respectively be assorted into distinct lists by their
respective surnames, arranged in such lists in the order in
which the deeds and other conveyances to which they refer
are left for record, and such lists placed in alphabetical
order. Such copies shall, in other respects, be in the form
now required by law for the indexes to the records. And
the county commissioners hi each county, shall so procure
such copies of the indexes in their respective counties for
the year one thousand eight hundred and fifty-five, to be
made and completed by the first day of January next.

Sect. 3. The county commissioners of each county, and J^^^cotSIIowm*
the mayor and aldermen of the city of Boston, shall have i^ting, to be p».
power, whenever they shall deem it expedient, to cause '^
copies of the indexes, or new indexes, to the recorci^ now
existing in the registries of deeds in their respective coun-
ties, or of any part thereof, to be made by some competent
person or persons, at the charge of their respective counties,
upon the plan hereinbefore provided, or upon such plan,
and in such manner, as will, in their judgment, best facili-
tate references to the records.

29



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and pier linM.



Bay



226 1856.— Chapter 293.

May te printed. Sect. 4. The county commissioners in each county, and
the mayor and aldermen of the city of Boston, shall hare
power, if they shall deem it expedient, to cause such copies
of the indexes, or new indexes herein before provided and
authorized to be made, to be printed at the charge of their
respective counties, for sale at a price which shall not be
less than the cost of printing, and paper and binding.

Sect. 5. This act shall take effect from and after its
passage. ^Approved by the Chvemovy June 6, 1856.]

Chap. 293 -Ajt Act conoeming the Harbor of Boston, Mystic Birer and Dorchester

Bay.

Be it enacted by the Senate and Souse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :

H?f!l?,.!^ Sect. 1. The lines hereinafter described shall.be, and
the same hereby are, established as lines, beyond which no
wharf or pier shall ever hereafter be extended into and over
the tide-waters of the Commonwealth.

ubm la South Sect. 2. The lines in South Bay be^ at a point denoted
by letter A, on plan number two, of the harbor commission-
ers of eighteen hundred and fifty-four, and is in the mouth
of Roxbury Canal, distant one hundred and thirty feet
south-eastwardly from the twelfth line of the commissioners
of eighteen hundred and forty-seven, measuring in the direc-
tion of a line drawn from a point in the said twelfth line,
distant one hundred and twenty feet north-eastwardly firom
the south-westerly termination thereof, (the said termina-
tion being understood to be a point distant one tiiousand
feet from the south-easterly line of Harrison Avenue, meas-
uring at right angles with the said south-easterly line from a
point therein lying in the direction of the south-westerly
line of the South Burying Ground extended, south-east-
wardly,) to a point on the south-easterly rail of the Boston
and New York Central Railroad Bridge, distant twenty-six
hundred and twenty-eight feet south-westwardly from the
south-westerly rail of the Old Colony Railroad Bridge, near
Dorchester Avenue, measuring on the said south-easterly
rail; thence running south-eastwardly thirteen hundred
feet,»in the same direction as the line of one hundred and
thirty feet above described, to the point B, said point being
at or near the northerly end of F. A. Heath and Compcmy's
sea-wall ; thence south-eastwardly straight to the point C,
on the most north-easterly corner of said Heath and Com-
pany's wharf; thence along the present line of said wharf
to the point D, on the most south-easterly comer of the same ;



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1866.— Chapter 293. 227

thence in the direction of a line drawn from the last men-
tioned corner to a point on the south-easterly rail of the said
Boston and New York Central Railroad Bridge, which point
is distant forty-nine hundred and eighty-seven feet south-
westwardly from the south-westerly rail of the Old Colony
Railroad Bridge, above mentioned, measuring on the said
south-westerly rail, to the point B, which is situated at the in-
tersection of this line with aline crossing the aforesaid Boston
and New York Central Railroad Bridge, and passing through
a point on the south-easterly rail of the same, distant forty-
six hundred and seventy-two feet south-westwardly . from
the south-westerly rail of the Old Colony Railroad Bridge,
above mentioned, measuring on the said south-easterly rail
and making an angle of seventy-eight degrees and forty-five
minutes, (taken from a north-easterly to an easterly direc-
tion,) with the said Boston and New York Central Railroad
Bridge ; thence eastwardly in the direction of the line last
described, eleven hundred and seventy feet, to the point F ;
thence northwardly to the point G, it being the southerly
termination of the tenth line of the commissioners of eight-
een hundred and forty-seven : provided^ that nothing con- Provi*©.
tained in this act shall affect or take away the legal rights
of any person, imless a reasonable compensation shall have
been previously made or provided therefor.

Sect. 3. The lines in Mystic River begin at a point ^n«i in mjbUo
denoted by letter A, on plan munber three, of the harboik *^*'*
commissioners of eighteen hundred and fifty-four, and is on
the nortli-westerly side of Chelsea Bridge, distant four hun-
dred and sixty feet north-eastwardly from the north-easterly
draw in said bridge ; thence the line runs in a south-easterly
direction, making an angle of eighty-seven degrees and •



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