Commonwealth of Massachusetts. HOUSE OF REPRESENTATIVES, March 14, 1845. The Committee on the Judiciary, to whom was referred the Order to inquire whether any encroachments have been made upon the Flats belonging to the Commonwealth, near South Boston, have had the same under consideration, and ask leave to REPORT: That but one case of supposed encroachment has been brought to their notice; that is the wharf built by the Boston Wharf Company, extending from South Boston along Four Point Channel, under an act of incorporation granted in the year 1836. This charter authorizes them to construct a wharf, upon their land, but with express restrictions, restraining them from encroachment upon the channel, or the flats belonging to the Commonwealth. The inquiry involved in the order is one of fact and boundary of land, upon which it seems to the Committee that no definite and conclusive action ought to be had by the Legislature, without giving to the Corporation the right to a verdict of a jury upon such facts. The Committee have therefore endeavored to ascertain whether such evidence existed as would warrant or require the institution of judicial process to vindicate the rights of the Commonwealth. Under a resolve of 5th March, 1835, three able and competent commissioners were appointed, to cause a survey to be made of certain portions of Boston Harbor, including the wharves and flats of East Boston, and to define, upon a plan or plans, such lines as they should think expedient to establish, beyond which no wharves should be extended into and over the tide waters of the Commonwealth, on either side of said harbor. The report of the commissioners, made in 1837, establishes a line, defining the width of the channel called Four Point Channel, on the easterly side of the channel, recommending that the flats be filled up, upon that line, above high water, for the protection and improvement of the channel for navigation. By force of a Colonial ordinance, passed in 1641, and at this day the recognized common law of this Commonwealth, the proprietors of land bordering upon these flats are the proprietors of the flats to low water mark, or one hundred rods from the shore, unless the line of low water intervene at a less distance. The Boston Wharf Company, as riparian proprietors, are therefore entitled, as well as by the terms of their charter, to extend their wharf on the said commissioners' line as far as private rights extend, namely, to low water mark, not exceeding, however, one hundred rods. It appeared, beyond question, that they have not exceeded the last limitation; and the inquiry of fact which presented itself to the Committee is, whether they have passed the line of low water mark in extending their wharf from the shore northeasterly? Evidence was given tending strongly to shew, that an ancient creek made up from the channel from 100 to 150 feet wide at its mouth, and extending into the land owned by the Boston Wharf Company 600 feet or upwards, from which the tide. never ebbed, and capable, at extreme low tide, of being navigated with boats or craft of small draft. But it was not proved to the satisfaction of the Committee, that it ever extended across the land of said company. On the contrary, the Committee believe that the company had a right to extend the wharf on the side opposite Four Point Channel, as far as they have done; and consequently that individual proprietors of land, lying beyond the land of the said company, are not deprived of any navigable channel to their lands. On the side next to the channel, the Boston Wharf Company have extended their wharf over the said creek, and, in doing so, have covered a small lot of flats, which, if the Committee are correct in the belief that the creek is an ancient, natural one, belongs to the Commonwealth. But it also appeared, that the extension is on the line that was recommended by the commissioners, as beneficial to the channel and navigation; that it was made under the eye of the public authorities, especially of the Attorney General of the Commonwealth, after his attention had been called to the subject; that he did not think the rights of the Commonwealth injuriously affected; and that it has been acquiesced in by the public for about eight years. No evidence was offered tending to shew that any injury had accrued or was likely to accrue to the public interest, by reason of the wharf; and the Committee are led by the investigation to believe, that the opinion reported by the commissioners, that such a breakwater would operate beneficially to the channel, has proved correct, in the effects experienced by the erection of the present wharf. They therefore report, that no encroachments appear to them in this case injuriously affecting the public interest; and that it is not expedient, on public considerations, to institute any proceedings against said company. For the Committee, THOS. HOPKINSON. HOUSE OF REPRESENTATIVES, March 15, 1845. Read and accepted. C. W. STOREY, Clerk. Commonwealth of Massachusetts. In the Year One Thousand Eight Hundred and FortyFive. AN ACT Providing for the appointment of a Board of Rail-road Commissioners. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: 1 SECT. 1. The Governor, by and with the advice 2 of the Council, shall appoint and commission five 3 persons who shall together, constitute "The Board 4 of Rail-road Commissioners," and the said commis5 sioners shall respectively hold their offices for the 6 term of two years, to commence the first day of 7 May; provided, that of the members of said Board 8 first appointed, two shall be appointed for the term 9 of one year, and three for the term of two years, 10 and, as their terms of office expire, others shall be 11 appointed in their places, to hold their offices for 12 two years respectively, and no person shall be ap13 pointed commissioner or special commissioner who 14 holds any office in any rail-road corporation. 15 Any commissioner or special commissioner ap16 pointed under this act, may be removed by the Gov17 ernor, by and with the advice of the Council, and 18 any vacancy by removal, death, resignation or other19 wise, shall be filled by an appointment for the re20 mainder of the term of the member whose place is 21 to be filled. One member of said board shall be 22 designated in his commission as chairman thereof, 23 who shall preside in all meetings of said board when 24 present, and in his absence the board may appoint a 25 chairman pro tempore. 1 SECT. 2. The Governor, by and with the advice 2 of the Council, shall also appoint and commission 3 two persons as special rail-road commissioners, who 4 shall respectively hold their offices for two years, to 5 commence on the first day of May; provided, that 6 of the special commissioners first appointed, one 7 shall be appointed for one year and one for two 8 years, and as their terms of office expire others shall 9 be appointed in their places, to hold their offices for 10 two years respectively; and in case any commis11 sioner shall be directly interested in any question 12 before the board, or if the proposed road or any 13 part thereof, shall lie in the town in which any com |