purchase re No. 80. adopted by the city council, and in November, 1857, the tions for the committee were instructed to apply to the ferry companies to jected. furnish a schedule of the property held by them and the price City Doc. 1857, for which the city could purchase the same. In the following December the committee reported the schedules of property and proposals received from both companies. This report was recommitted with instructions to the committee to report the terms upon which, in their judgment, the city should purchase the property. The committee, December 21, 1857, reported that they could not report upon any sum which should be paid for the franchise, &c., of the East Boston Ferry Company; but that it was expedient to purchase the franchise, &c., of the People's Ferry Company, at a sum not exceeding $ 200,000. This recommendation was not adopted, and the matter was referred to the next city council. 13. In March, 1858, a committee of the city council Action in 1858. reported in favor of purchasing the property of the East Boston Ferry Company for $90,000, and that of the People's Ferry Company for $110,000; but the report was not adopted, and the purchase was not made. In the same year the companies mutually cancelled their agreements to keep up the tolls, and by competition between the companies, the tolls were in course of time reduced much below the rates established by law. ferries. 14. In 1859, after many hearings and much deliberations, Appropriation the city council voted to appropriate $ 250,000 for the purchase for purchase of of the ferries, $125,000 to be paid to each corporation. On the 4th March, 1859, the People's Ferry Company conveyed all its property, except its boats and its franchise, to the city for $125,000, and gave a bond in the sum of $100,000 to maintain and operate its ferry for ten years in such manner, at such rates of toll, and upon such terms and conditions as the board of aldermen should from time to time prescribe; to permit policemen and those connected with the fire department, and all city officers when on business for the city, to pass and repass free of toll; the company to have the use of the property conveyed by it to the city, so far as it may be needed for the purpose, without rent. The transaction Action in 1859. with the East Boston Ferry Company was not completed until November, 1859, when, for the $125,000 it conveyed to the city certain real and personal property, and gave bond to the city in the sum of $ 100,000, to maintain and operate the ferry for ten years upon terms substantially as those stipulated with the People's Ferry Company, and to allow the policemen, members of the fire department, and city officers on city business, to pass free of toll. New rates of toll established. Report on relations between ferry compa nies. No. 83. 15. For a few months only after the city had paid $ 125,000 to each ferry, were matters harmonious. The ferries claimed that they could not sustain themselves at the rates of toll then taken, and raised them. The rates then existing were those established for the East Boston Ferry Company in 1852, and for the People's Ferry Company in 1854. Upon the raising of the rates, a committee of the board of aldermen was appointed to inquire into the matter, and this committee on the 23d July, 1860, reported an order establishing rates of toll for both ferry companies, to take effect from and after August 10, 1860, which order was unanimously passed by the board of aldermen the same day, and the rates of toll then established are those at present existing. 16. In October, 1860, a committee of the city council was the city and the appointed to inquire into and report in print concerning the present relations of the city of Boston and the ferry companies, City Doc. 1863, and all facts relating thereto. This committee presented an elaborate report in print, containing a representation of the facts connected with the ferries, accompanied by copies of some of the contracts between the city and the ferries, with abstracts of the titles of the property bought by the city of the ferry companies. Action in 1861. 17. In January, 1861, the subject of the East Boston ferries was referred to a joint special committee, who made a report to the city council in December in that year. In the communications between the committee and the two ferry companies, propositions were made on the part of the People's Ferry Company to sell their boats, franchise, &c., and for a given sum to run one or more boats, at reduced rates of toll for five years. The East Boston Company made no offer to sell their ferry property, but did Action in 1861. propose, for a certain annual sum, to operate their ferry about eight years, at reduced rates of toll. The committee, for the purpose of eliciting the views of the city council, reported orders proposing to pay to the People's Ferry Company fifty thousand dollars for their franchise and property, to lease the same property to those who were then directors of the company free of rent for five years, to make no charges for taxes or water, to pay the gas bills, and twelve thousand dollars a year at the end of each year that the boats have been run according to the agreement; the lessees to give satisfactory security to run the boats for five years at specified rates of toll, to pay all charges and expenses of running the boats, and to make as many trips as they were making. Another order proposed to pay the East Boston Company, for running their boats for eight years, twelve thousand dollars a year, at certain rates of toll, or seven thousand dollars a year for other rates of toll, together with what they might realize from the use and rents of the Eastern Railroad wharf, to pay the gas bills, and to abate the water rates and taxes. None of the orders reported by the committee were adopted by the council, and the year passed away without relief from the burdensome rates of toll. City Doc. 1862, 18. The matter of the ferries was again before the city Action in 1862. council in 1862. In November of that year, the joint special No. 83. committee on ferries made a report "as the history of the ferries for the present year," but no recommendations were made, and no orders reported for the action of the city council. The questions mainly discussed between this committee and the ferry companies, were the discontinuance of the People's Ferry Company, and the rates to be adopted in consequence thereof by the East Boston Ferry Company. After this report was made, the committee on streets, on the part of the council, with such as the board of aldermen might join, were, in December of that city Doc. 1862, year, clothed with full power to negotiate with one or both of No. 95. the ferry companies, to secure to the people of East Boston, and the public, for the longest time practicable, certain specified rates of toll, and the running of a night boat; and the sum of Action in 1862. five thousand dollars was appropriated to carry the order into City Doc. No. 95. effect. Propositions were received from both companies, and the result of the negotiation was an agreement made December 15, 1862, between the city and the People's Ferry Company, that the company would run their boats at the reduced rates of toll specified in the order appointing the committee, during four calendar months from January 1, 1863, for the sum of twelve hundred and fifty dollars a month. No arrangement was made with the East Boston Ferry Company. For the first four months of 1863, the People's Ferry Company ran their boats according to their agreement, at the reduced rates of toll, and the city paid them the stipulated subsidy of twelve hundred and fifty dollars a month. During these four months the East Boston Ferry Company reduced their tolls for foot passengers to one cent, and since the expiration of the four months both companies have adopted the rate of one cent for foot passengers. With this exception, since May 1, 1863, both ferries have run their boats at substantially the old, high rates of tôll. FIELD DRIVERS; POUNDS AND IMPOUNDING OF STATUTES. 1. Pounds to be provided by towns. 2. Penalty for injuring pounds. 5. Beasts taken up to be impounded. 8. Beasts doing damage, may be distrained. 9. Beasts doing damage, to be impounded. 10. Persons distraining to state demand. 11. Beasts not to be delivered until costs, &c., are paid. 12. Notice to be given to owner or keeper. 6. Fees to field driver and pound 3. Notice to be given or posted up keeper. 7. Fee to be paid by owners of beasts. and published in a newspaper, in case, &c. 14, 15. Sum due from owner, how 16. If not paid, beasts to be sold. 19. Penalty for rescuing beasts dis trained. 20. Legality of distress to be tried 21. Rams and he goats, when not to STATUTES. provided by Penalty for 1. Each city and town shall, at its own expense, and in such Pounds to be places therein as the city council of the city or the inhabitants of towns. the town direct, maintain one or more sufficient pounds. A city neglect. or town that for three months neglects to provide or maintain a sufficient pound, shall forfeit fifty dollars. G. S. 25, § 18. juring pounds. 2. Whoever wilfully injures a city or town pound, shall be Penalty for inpunished by fine not exceeding fifty dollars, or by imprisonment Ibid. § 10. in the common jail not exceeding ninety days. 3. Each city or town shall annually appoint a suitable Pound keepers. keeper of each pound therein. on a Ibid. § 20. large without taken up, &c. Ibid. § 21. 21 Pick. 187. 23 Pick. 251. 12 Met. 198. 4. Every field driver within his city or town shall take up Beasts going at at any time, swine, sheep, horses, asses, mules, goats, or neat keeper to be cattle, going at large in the public highways or townways or common and unimproved lands, and not under the care of keeper; and for any such cattle or beasts so going at large on the Lord's day, the field driver or any other inhabitant of the 4 Gray, 314, 345. city or town may in action of tort recover for each beast the same fees which the field driver is entitled to receive for like beasts when distrained and impounded. 2 Gray, 180. impounded. 5. When beasts are so taken up and distrained by a field Beasts to be driver, they shall be forthwith impounded in the city or town G. S. 25, § 22. pound, and the keeper shall furnish them with suitable food and 5 Cush. 263. water while they are detained in his custody. 4 Gray, 312, driver and pound keeper. G. S. 25, § 23. 6. The field driver shall be entitled to fifty cents per head Fees of field for horses, asses, mules, and neat cattle, and ten cents per head for sheep and goats, and fifty cents for swine so taken up by him, and the pound keeper shall be entitled to four cents per head for the animals so impounded; but if more than ten sheep are taken up at the same time, the fees for all above that number shall be only one half of the above fees. |