CITY OF BOSTON.

In Board of Aldermen, July 15, 1861.

THE Committee on Paving, to whom was recommitted the order in relation to the grades of Albion and other streets, have considered the same, and

REPORT,

That the raising of the grade of those streets lying between Dover and Chapman, namely, Albion, Village, and Emerald, is a matter which should receive the immediate attention of the city government. Although there is a large extent of territory in this vicinity which will require, at some future period, to be raised to a higher grade, yet the peculiar location of the streets above named, and the fact that they have been left unimproved, while those contiguous and surrounding them, have been raised to a proper grade, render it necessary that early and decisive action should be taken.

The interests of the city, no less than of the abuttors themselves, would seem to require this.

These streets are now almost impassable to carriages, dangerous to travellers, and useless for the ordinary purposes of highways. The surface drainage tends towards the basin formed by the elevated grade of Dover and Chapman Streets, filling the hollows, where the water stands till it becomes offensive, and gradually penetrating into the cellars of adjoining dwellings, to the detriment of the health of the occupants, and the lessening of the value of the property itself.

Frequent complaints are made to the Committee in consequence of partial and defective drainage. In one case, the water had so flowed in during a single night that the basement was inundated, causing great trouble and loss. In another, a communication was addressed to the city government, alleging that sickness had been induced in the family from this cause, and the fact was supported by the written statements of two of our most eminent physicians. The Committee would here remark that, in prosecuting this branch of their duties, they have experienced considerable difficulty in explaining to and satisfying women and tenants of property thus situated, the precise extent of legal claim they have upon the City for what they consider as damage to their estates. Much error prevails as to the right of the City to raise the grade of a street, or to do any other lawful act intended for the public good. However remote from the locality of the contemplated improvement, many believe that the City is legally obligated to sustain all the expense of raising or repairing their buildings, and, as a consequence, the owners are unwilling to lend any assistance to facilitate the improvement, though it be for their personal and pecuniary advantage.

In some instances the Committee are met with absolute indifference, if not with direct opposition, and their attempts to negotiate treated as an annoyance. But the Committee take great pleasure in stating that such is not always the treatment which they receive, but that in many cases they have found real estate owners who fully and truly comprehend their own interests, and are willing to co-operate with the City in those measures which were intended to relieve them from a serious deterioration of the value of their estates.

The Committee on Paving consider that it would be better, perhaps, to proceed to grade one of the streets above mentioned at a time, rather than to attempt to complete now that, which from expediency if not necessity, must sooner or later be done in this locality. In all probability, for years to come, applications will be made to the city government for assistance in the

grading of streets in this territory, until the whole is raised to a height adequate to its complete drainage. It would seem, then, that if a reasonable appropriation should be made yearly for this object, the burden upon the city treasury would be lessened, and the necessity for a large loan obviated. Besides, a general and permanent rule would thus be established, which could not fail to have a beneficial result to all concerned. As a means of estimating the cost of any improvements contemplated, and of adjusting contested claims for damages by change of grade, such a rule would be of great convenience and value.

The Committee have, in accordance with their views herewith submitted, negotiated by written bonds and verbal agreement with all the abuttors upon Albion Street, and are therefore able to estimate the cost of the alteration in the grade of the street. Albion Street is a public highway, it being a portion of the Tuckerman grant to the City of Boston in 1831. Should the action of the Committee meet the approbation of the city government, they propose to confer with the abuttors upon the other two streets, with a view of expediting this necessary and important measure. No more favorable opportunity could be found for the prosecution of this work, inasmuch as employment is much needed by the laboring class of our city.

The Committee therefore recommend the passage of the following orders.

GEORGE W. PARMENTER, Chairman.

ORDERED: That the revised grade of Albion Street between Chapman and Dover Streets, according to a plan drawn by James Slade, City Engineer, dated May 11, 1861, be and the same hereby is adopted.

Read twice, and passed.

SAMUEL F. McCLEARY, City Clerk.

Approved, July 15, 1861.

JOSEPH M. WIGHTMAN, Mayor.

CITY OF BOSTON.

In Board of Aldermen, Monday, July 15, 1861.

ORDERED: That the City Treasurer, under direction of the Committee on Finance, be authorized to borrow the sum of Ten Thousand Dollars, the said sum to be appropriated for the special purpose of raising the grade of Albion Street and the houses thereon to the grade thereof.

Read twice, and passed. Yeas, 12. Nays, none.

Sent down for concurrence.

SILAS PEIRCE, Chairman.

APPENDIX.

WE, the undersigned, owners, trustees, or agents of land and buildings situated on Albion Street in Boston, between Chapman and Dover Streets, by this instrument agree with the City of Boston, that if said city will before the first day of January, A.D. eighteen hundred and sixty-two, raise the grade of said Albion Street, according to a plan made by James Slade, City Engineer, and approved by the Committee on Paving of the said city, and raise and carry up the walls and foundations of our houses and the walls and foundations of our outbuildings, so that they shall conform to said plan, and do all the mason's work in furnishing the interior of our houses and outbuildings, including the plastering, we to finish the carpenter's work of the interior of our houses and outbuildings at our own cost, saving and excepting those houses in which a division in the walls will have to be made in these houses the repairs, so far as the cutting off shall require, to be done by the City; and make a suitable connection with the drain now existing on the premises of each estate, and do the filling up of the yards and under the houses with good clean gravel, and brick the same where now bricked; the grading of the street to be of good clean gravel, and shall relay the sidewalks. Then, and in consideration of the premises, we agree to relinquish any and all claims for damages in consequence of the said raising of grade by the said city authorities, and to indemnify and forever save harmless the said city of and from all claims, demands, and liabilities, of or to any person or persons whatsoever, for damages, costs, expenses, or compensation for or on account of our said respective land and buildings, or the raising thereof.