ACTS AND DECREES RELATING TO BRIDGES.

AN ACT CONCERNING TOLL BRIDGES IN ESSEX COUNTY.

[Chapter 296 of the Acts of 1867.]

SECTION 1. The county commissioners of the county of Essex are hereby authorized and empowered to lay out as and for highways, the several bridges across the Merrimac river, known as Andover bridge and Lawrence bridge, in the city of Lawrence; Haverhill bridge, between the towns of Haverhill and Bradford; Rocks bridge, between the towns of West Newbury and Haverhill; Essex Merrimac bridge, between the towns of Amesbury and Newburyport; Newburyport bridge, between the town of Salisbury and the city of Newburyport: Essex bridge, between the city of Salem and the town of Beverly, or any of them, as highways, in the manner now provided by law for laying out highways: provided, however, that said county commissioners shall not lay out said Lawrence bridge as a highway without first purchasing, or offering to purchase, said Andover bridge, according to the provisions of chapter two hundred and sixty-five of the acts of the year eighteen hundred and fifty-four.

SECT. 2. All damages which shall be sustained by the proprietors of any of said bridges, by such laying out, shall be awarded and paid in the same manner as is now provided by law for the assessment and payment of damages occasioned by the laying out of highways.

SECT. 3. Said county commissioners may, out of the moneys of said county, pay such proportion of the expense of said laying out said several bridges, or any of them, as in their judgment may be just and equitable.

SECT. 4. Upon the laying out of any of said bridges as highways, as aforesaid, the said county commissioners shall determine

and fix the relative proportions of expense for maintaining, keeping in repair and supporting any of said bridges, and for raising the draws in said bridges, if any, to be borne by said county, and any of the cities and towns lying near to, or contiguous to, said bridges, or any of them, as in their judgment may be just and equitable, which said proportion of expense so determined upon by said county commissioners shall become obligatory upon said county and upon said cities and towns, as aforesaid, to pay in the manner and at the times prescribed by said county commissioners.

SECT. 5. Said county commissioners shall, at all times hereafter, determine upon what terms and under what conditions horse railroads may pass on, over and across any of said bridges.

SECT. 6. The several cities and towns in said county, or any of them, may contribute to said county, towards the payment of damages that may be awarded to the proprietors of said bridges, such proportion of said damages or such sums as they may see fit, and may make agreements with the said county commissioners as to the amount or proportion, and as to the manner of payment thereof; and they may make such agreements either before or after such damages are awarded.

SECT. 7. Upon evidence satisfactory to the governor and council that any one of said bridges now or hereafter belonging to the commonwealth has been laid out as a highway, according to the provisions of this act, the governor shall, by his proclamation, declare such bridge free; and thereupon all the property of the commonwealth in such bridge and in the appurtenances thereto shall vest in said county and in said cities and towns contributing to the payment of damages in the laying out of such bridge as a highway; and all funds in the treasury of the commonwealth on account of such bridges shall be paid over to said county commissioners, and by them divided between said county and said cities and towns, in proportion as said county and said cities and towns have paid and contributed towards the expense of laying out such bridge as a highway, as aforesaid.

[Approved May 31, 1867.]

AN ACT CONCERNING THE SEVERAL TOLL BRIDGES IN ESSEX COUNTY.

[Chapter 309 of the Acts of 1868.]

SECTION 8. The county commissioners of the county of Essex shall, within sixty days after the passage of this act, lay out as and for highways the several bridges over the Merrimac river, known as Andover bridge and Lawrence bridge in the city of Lawrence; Haverhill bridge, between the towns of Haverhill and Bradford ; Rocks bridge between the towns of West Newbury and Haverhill; Essex Merrimac bridge, between the town of Salisbury and the city of Newburyport; Newburyport bridge, between the town of Salisbury and the city of Newburyport; also, the Essex bridge, over North river between the town of Beverly and the city of Salem; in the manner now provided by law for the laying out of highways, and according to the provisions of chapter two hundred and ninety-six of the acts of the year eighteen hundred and sixtyseven, so far as the same are applicable. The said commissioners shall also determine and decree what proportion of the amount of damages sustained by the proprietors of said bridges, or of either or any of them, by such laying out, shall be paid respectively by the county of Essex and by the several cities and towns which the said commissioners shall determine are benefited by such laying out. SECT. 9. This act shall take effect upon its passage. [Approved June 5, 1868.]

DECREE OF THE COUNTY COMMISSIONERS LAYING OUT THE ESSEX MERRIMAC AND NEWBURYPORT BRIDGES AS PUBLIC HIGHWAYS.

NOTICE is hereby given, that, in pursuance of the three hundred and ninth chapter of the acts of the legislature of 1868, the undersigned, county commissioners of the county of Essex, have this day laid out the several bridges named below, as and for public highways, viz: Andover bridge and Lawrence bridge, in the city of Lawrence; Haverhill bridge, between the towns of Haverhill and Bradford; Rocks bridge, between the towns of Haverhill and West Newbury; Essex Merrimac bridge, between the town of Salisbury and the city of Newburyport; Newburyport bridge, be

tween the town of Salisbury and the city of Newburyport; and the Essex bridge, over the North river, between the town of Beverly and the city of Salem.

In testimony thereof, we, the said county commissioners, have hereunto set our hands, this fourth day of August, 1868.

A. D. WAIT,

JAMES KIMBALL,

J. B. SWETT.

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COUNTY COMMISSIONERS.

COMMONWEALTH OF MASSACHUSETTS.

Essex, ss.

COURT OF COUNTY COMMISSIONERS, July Term, A. D., 1868.

WHEREAS, by an act of the legislature of Massachusetts, approved June 5, 1868, and being chapter 309 of the acts of said year 1868, it was ordered and directed that the county commissioners of said county of Essex should, within sixty days from the passage of said act, lay out as and for highways, the several bridges named in the eighth section of said act, including therein the bridge known as Newburyport bridge, between the city of Newburyport and the town of Salisbury:

And whereas, further, in pursuance of said act, said commissioners duly notified all parties interested, and did on the thirty-first day of July, A. D. 1868, proceed to hear all parties interested,

Now, on this fourth day of August, A. D. 1868, we do lay out said Newburyport bridge, between the city of Newburyport and the town of Salisbury, as and for a public highway, in conformity with the requirements of the acts of the legislature of said year 1868 The charter of said Newburyport bridge having expired, no damage is to be awarded.

It is hereby ordered, adjudged and decreed that so much of said bridge as lies southerly of a line drawn three-quarters of the whole distance from the southern end of said bridge, being three-fourths of said bridge next adjoining to said Newburyport, shall be maintained, kept in repair and supported, and the expense thereof, and of raising the draw in said bridge, shall be paid by said city of

Newburyport; and that the remainder of said bridge, being onefourth part thereof lying next to Salisbury aforesaid, shall be maintained, kept in repair and supported, and the expense thereof shall be paid by said town of Salisbury.

In testimony whereof, we, the said county commissioners, have hereunto set our hands, this fourth day of August, in the year of our Lord one thousand eight hundred and sixty-eight.

The foregoing report is filed and accepted, and thereupon it is ordered that the same be recorded; that the said bridge may be known as a public highway forever.

COURT OF COUNTY COMMISSIONERS, July Term, A. D., 1868

WHEREAS, by an act of the legislature of Massachusetts, approved June 5, 1868, and being chapter 309 of the acts of said year 1868, it was ordered and directed that the county commissioners of said county of Essex should, within sixty days from the passage thereof, lay out as and for highways, the several bridges named in the eighth section of said act, including therein the bridge known as the Essex Merrimac bridge, between the city of Newburyport and the town of Salisbury in said county :

And whereas, further, in pursuance of said act, said county commissioners duly notified all parties interested, and did, on the thirty