Chap. 0374 An Act RELATING TO THE ABOLITION OF GRADE CROSSINGS ON CHELSEA BRIDGE AND CHELSEA BRIDGE AVENUE IN THE CITY OF BOSTON.

Be it enacted, etc., as follows;

Section 1. Upon petition of the mayor and aldermen of the city of Chelsea, the superior oourt, or any justice thereof sitting in equity for the county of Suffolk, after such notice by public advertisement or otherwise as the court shall deem desirable, and a hearing, shall appoint, according to its discretion, a commission of three disinterested persons not residents of the county of Suffolk, who shall, after due notice and a hearing, prescribe the alterations and improvements necessary to abolish or over-
conic all grade crossings on that part of Chelsea bridge or Chelsea Bridge avenue crossing Mystic river in Boston in said county.
Section 2. The said commission shall prescribe the manner and limits within which such alterations and improvements shall be made, and shall further determine hosvthe work shall be done ; and if said commission shall decide that said grade crossings shall be abolished or overcome by carrying the highway by a bridge or superstructure over the present railroad crossings on said bridge or avenue, it may discontinue the present highway under such bridge or superstructure, except so far as the use of the same may be required for the proper and convenient construction, maintenance, alteration and repair of said overhead structure and the foundation and support thereof and of any reconstruction of the same -.provided, however, that the Lynn and Boston Railroad Company and the Boston and Chelsea Railroad Company shall have the same rights in any superstructure that may be erected hereunder as they have in the present bridge and roadway.
Section 3. The Lynn and Boston Railroad Company, subject to the approval of the board of harbor and laud commissioners, may build a temporary bridge or bridges, upon which bridge or bridges it may run its cars while said alterations and improvements are being made, and it shall primarily pay all the expenses thereof, including those of removal, and be liable for all damages arising in consequence thereof.
Section 4. The Boston and Maine Railroad shall carry out such alterations and improvements as said commission shall prescribe, and do all the work required therein; and of the cost incurred by said Boston and Maine Railroad in doing said work and making said alterations and improvements, as audited and approved by the auditors provided for in chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety, including in such cost the cost of the hearing and the compensation of the commissioners and auditors for their services, and including also damages mentioned in section five of chapter four hundred and twenty-eight of the acts of the year eighteen huudred and ninety and in all acts in addition thereto or in amendment thereof, and including further all expenses of the Lynn and Boston Railroad Company in changing its tracks to said super-
structure and in building said temporary bridge, five per centum shall be repaid to said Boston and Maine Railroad by said Lynn and Boston Railroad Company, and thirty per centum shall be repaid to said Bostou and Maine Railroad by the Commonwealth, in the same manner and from the same funds that money is paid by the Commonwealth under the provisions of chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety ; and of the amount so repaid to said Boston and Maine Railroad by the Commonwealth, eighteen per centum shall be repaid to the Commonwealth by each of said cities of Boston and Chelsea, in three equal annual payments of six per centum of said amount.
Section 5. Six per centum of the total amount to be repaid to the Commonwealth by the cities of Boston and Chelsea, as provided in the preceding section, shall be included in and made a part of the sum charged to each of the cities of Boston and Chelsea for each of the ensuing three years, and shall be assessed upon them in the apportionment and assessment of their annual state tax. The state treasurer shall in each of said three years notify each such city of the amount of such assessment, which amount shall be paid by the city iuto the treasury of the Commonwealth at the time required for the payment, and as a part of its state tax.
Section (3. Sections four to twelve, inclusive, of chapter four hundred and twenty-eight of the acts of the year eighteen hundred and ninety and all acts in addition thereto or in amendment thereof, shall be applicable to all proceedings under this act, so far as they shall not conflict with the provisions of this act: provided, however, that all damages occasioned by the taking of land, whether by either city or said railroad company, shall primarily be paid by said railroad company.
Section 7.   This act shall take effect upon its passage.
Approved June 14, 1S92.