Aug. 20, 1861.

of Beach Street, and put down the same in the streets in which Third Location. they are hereby located, and shall repave said Summer Street and South Street, after the tracks shall have been taken up, in a manner satisfactory to the committee on paving and the superintendent of streets.

Also, under the further express proviso and condition, that the said Broadway Railroad Company shall, at all times after the rails are laid down, keep in good order and complete repair, at their own expense, the whole of the roadway or cartway of Federal Street Bridge, Federal Street to Beach Street, and Beach Street.

Also, under the further express proviso and condition, that at the time the track is laid down in Beach Street, the whole of the roadway of that portion of said Beach Street, between Federal and Lincoln Streets, shall be repaved with the same material which now constitutes the pavement on said street, at the expense of said Broadway Railroad Company, and to be done under the supervision of the superintendent of streets, and to his satisfaction.

Also, under the further express proviso and condition, that said Broadway Railroad Company shall be subject to such restrictions as to the running of the cars upon their tracks as the board of aldermen from time to time shall decide that the public good shall require.

Also, under the further express proviso and condition, that in the construction of the track granted by this location, granite blocks of such dimensions as the superintendent of streets shall direct shall be laid down inside and outside of each rail, if the committee on paving and superintendent of streets shall so direct.

Also, under the further express proviso and condition, that the whole work of laying down the track granted by this order shall be done under the direction and to the satisfaction of the committee on paving and the superintendent of streets. Also, that the form of the rail to be used shall be satisfactory to the committee on paving and superintendent of streets, and shall be approved by them.

Third location,
Aug. 20, 1861,

The right to lay down these additional tracks is granted under the further express proviso and condition that the said Broadway Railroad Company shall make a correct return to the board of aldermen of the number of cars used upon the tracks of the said Broadway Railroad Company, and run, owned by them, and shall pay into the city treasury for each successive six months, ending with the months of December and June in each year, the sum of one dollar for each car run over the tracks of said Broadway Railroad, within ten days from the day said return was due; provided, that said company shall acquire no right not otherwise granted to it by the payment of said sum.

1

Also, under the further express proviso and condition, that the said Broadway Railroad Company shall accept this order of location, and agree to its several provisions and conditions within ten days of the date of its passage, and file the same with the city clerk; otherwise it shall be null and void.

The roadway or cartway mentioned in this order is to include the whole of the space between the edge-stones supporting the sidewalks on either side.

1

Accepted by Broadway Railroad Company, August 24, 1861.

2 For the act relating to the Union Railroad Company, and its connection

with the Cambridge Railroad Company, see note ante, p. 526.

1853, 383, § 1.

1. Gardiner G. Hubbard, Charles C. Little, and Isaac Liv- Corporators. ermore, their associates and successors, are hereby made a corporation by the name of the Cambridge Railroad Company, with power to construct, maintain, and use a railway or railways with convenient single or double tracks, from such point or Location. points of the city of Cambridge upon and over the streets or highways therein, as shall be from time to time fixed and determined by vote of the mayor and aldermen of the said city of Cambridge, and assented to in writing by said corporation; and over the roads, estates, and bridges belonging to the Hancock Free Bridge corporation, to the intersection of the same with the streets of the city of Boston, as shall be from time to time fixed and determined by vote of the directors of the Hancock Free Bridge corporation, and assented to in writing by said corporation, paying said Hancock Free Bridge corporation such Compensation compensation, or tolls for the right of using said roads, estates, Free Bridge and bridges as may be mutually agreed upon, or if the respec- corporation. tive corporations shall be unable to agree upon the compensa- If unable to tion so as aforesaid to be paid, the supreme judicial court, upon judicial court the petition of either party, and upon notice to the other party commissioners. shall appoint three commissioners, who shall, upon due notice to the parties interested, proceed to determine and fix the rate of compensation or toll.

to Hancock

agree, supreme

to appoint three

1853, 383, § 1.

Proviso.

Operated by
horse power
only.
Ibid. § 2.

Corporation to keep streets in

And the award of said commissioners, or a major part of them, shall be binding upon the respective corporations interested therein, until they shall have been revised or altered by commissioners so appointed as aforesaid; but no such revision or alteration shall be made by such commissioners within one year after such decision and award shall have been made; and thence upon and over such streets and highways of the city of Boston, to such point or points in said city as may from time to time be fixed and determined by vote of the board of aldermen of the said city of Boston, and assented to in writing by said corporation; provided, however, that all tracks of said railroad shall be laid at such distances from the sidewalks in said cities as the mayor and aldermen thereof respectively shall, in their orders fixing the routes of said railroad, determine to be for the public safety and convenience.

The written assent of said corporation to any vote or votes of the mayor and aldermen of said cities, and of the directors of the Hancock Free Bridge corporation prescribing from time to time the routes of said road shall be filed with the respective clerks of said cities and corporations, and shall be taken and deemed to be locations thereof; and said corporation shall have power to fix from time to time such rates of compensation for transporting persons or property, as they may think expedient; and shall have all the powers and privileges, and be subject to all the duties, liabilities, and restrictions set forth in the fortyfourth chapter of the Revised Statutes.'

2. Said tracks or roads shall be operated and used by said corporation with horse power only, and it shall not connect its track with any other railroad on which other power is used. The mayor and aldermen of said cities, respectively, shall have power at all times to make all such regulations as to the rate of speed and mode of use of said tracks as the public convenience and safety may require.

3. Said corporation shall maintain and keep in repair such repair; liable, portion of the streets and bridges respectively as shall be occu

&c.

1 See Gen. Stats. c. 68.

pied by their tracks, and shall be liable for any loss or injury 1853, 383, § 3. that any person may sustain, by reason of any carelessness, neglect, or misconduct of its agents and servants in the management, construction, or use of said tracks, road, or bridges; and in case any recovery shall be had against either of said cities or said bridge corporation, by reason of such defect or want of repair, said corporation shall be liable to pay the said cities and said bridge corporation, respectively, any sums thus recovered against them, together with all costs and reasonable expenditure incurred by said cities or said bridge corporation, or either of them, in the defence of any such suit or suits in which recovery shall be had, and shall not encumber any portion of the streets or bridges not occupied by the said road or tracks.

structing cor

Ibid. § 4.

4. If any person shall wilfully and maliciously obstruct said Penalty for obcorporation in the use of said road or tracks, or the passing of poration. the cars or carriages of said corporation thereon, such person, and all who shall be aiding or abetting therein, shall be punished by a fine not exceeding five hundred dollars, or may be imprisoned in the common jail for a period not exceeding three months.

poration ob

If said corporation or its agents or servants shall wilfully and Penalty if cormaliciously obstruct any highway or the passing of any carriage struct. over the same, such corporation shall be punished by a fine not exceeding five hundred dollars.

Ibid.

Ibid. § 5.

5. The capital stock of said corporation shall not exceed Capital stock. three hundred thousand dollars, to be divided into shares of fifty dollars each; and no shares shall be issued for a less sum, to be No shares less actually paid in on each than the par value of the shares which shall first be issued.

than par. Ibid.

estate.
Ibid. § 6.

6. Said corporation shall have power to purchase and hold May hold real such real estate.within said cities or either of them, as may be convenient or necessary for the purposes and management of said road.

7. The cities of Boston and Cambridge, may at any time Boston and during the continuance of the charter of said corporation, and Cambridge may after the expiration of ten years from, the opening of any part of chise, &c.

purchase fran