153 Mass. 372 | Mass. | 1891
When the town of Chelsea was originally created, it consisted of “ all the lands within the town of Boston
Ordinarily, where a stream of water constitutes the boundary line between two nations, states, or towns, each holds to the middle of the stream. Ipswich, petitioners, 13 Pick. 431, 435. Cold Spring Iron Works v. Tolland, 9 Cush. 492. Harlow v. Fisk, 12 Cush. 302, 306. Boston v. Richardson, 13 Allen, 146, 157, 158. State v. Canterbury, 28 N. H. 195. State v. Gilmanton, 14 N. H. 467. Handly v. Anthony, 5 Wheat. 374, 379. Schooner Fame, 3 Mason, 147. The convenience of this rule is obvious, and we find nothing in either of the statutes referred to which makes it inapplicable to the present case. Prov. St. 1738-39, c. 17,2 Prov. Laws, (State ed.) 969. St. 1846, c. 127. The Legislature may fix and change boundaries of towns at will. When it is found that Belle Isle Creek was by necessary construction the boundary line between what was left of Boston and the new town set off from the original territory of Boston, it is not as if there had been a cession or grant by Boston of the lands beyond the creek, and we need not inquire what would be the rule in such a case as that. The boundary line between the two towns
Exceptions overruled.