Chap. 0633 An Act to authorize the chaeles river basin commission to rebuild a certain sea wall on broad canal in the city of cambridge.

Be it enacted, etc., as follows:

Sectiox- 1. The Charles river basin commission, created under the provisions of chapter four hundred and •uxty-five of the acts of the year nineteen hundred and three, is hereby authorized and required to rebuild the sea vail on the premises leased by the Bay State Fuel Company on Broad Canal in the city of Cambridge, according lo a plan or plans mutually agreed upon between the commission, the Bay State Fuel Company and the owners of the land whereon the sea wall is to be rebuilt, and to drive -fleeting, if the commission deems it necessary, for a distance of three hundred and thirty feet from station eleven plus seventy of the commission's survey on the southerly =hde of Broad Canal in the city of Cambridge to station fifteen hundred: provided, however, that before the commission does any work under authority of this act said Bay State Fuel Company and the owners of said land shall execute and deliver to the commission an agreement under <eal to defend the commission and its employees and agents, and the commissioners personally and their successors, against all claims of every name and nature which may be prosecuted at law or in equity on account of reducing the navigable width of the canal or on account of any act or nets of the commission in carrying out the provisions of this act, and to save harmless from any and all damages the commonwealth of Massachusetts, the commission and its employees and agents, and the commissioners personally and their successors, in any action brought as aforesaid, and expressly providing that said Bay State Fuel Company and said owners of said land shall hold the common-
wealth of Massachusetts, the commission, its members and their successors, and its employees and agents harmless against any and all damage to buildings or other property of said Bay State Fuel Company or of said owners of said land, resulting from the carrying out of the provisions of this act, and also providing that the Ray State Fuel Company shall repay to the commonwealth one third part of the expense incurred by the commission hereunder, and further providing that, after the completion of the work done by the commission under authority of this act, no repairs on or rebuilding of said walls or wharves leased by the Bay State Fuel Company shall be required to lie done by the commonwealth, and upon the further conditions that, as the work progresses, the Bay State Fuel Company shall remove buildings or parts of buildings as the commission or its employees may require, and shall prevent coal and earth from sliding into any excavation made by the commission for rebuilding the wall, and shall provide storage room on the property for the earth and stone excavated by the commission in rebuilding the wall, and shall permit the commission to occupy such space as it may require for the prosecution of the work; and provided, further, that before the said commission shall do any work hereunder, the Bay State Fuel Company and the owners of said land shall execute and deliver a bond satisfactory to the commission both as to amount and otherwise, with a surety or sureties approved by said commission, guaranteeing the faithful performance upon the part of said Bay State Fuel Company and the owners of said land, of the agreements herein provided to be made and performed upon their part.
Sectiox 2. All expenses incurred in carrying out the provisions of this act shall be paid out of the treasury of the commonwealth in the same manner as all other expenses incurred under the provisions of chapter four hundred and sixty-five of the acts of the year nineteen hundred and three.
Sectiox 3.   This act shall take effect upon its passage.
Approved June 12, 190S.