Nov. 1, 1860.

Third Location. Also, under the further express proviso and condition, that whenever the board of aldermen shall determine and order that the whole of said cartway or roadway lying between the bridge over the Boston and New York Central Railroad and Dorchester Street to be paved with stone material, said Dorchester Railway Company shall do the same at their expense, to the satisfaction of the superintendent of streets, and under his direction, who shall act under the authority of the board of aldermen in causing said Dorchester Railway Company to pave the said roadway.

Also, under the further express proviso and condition, that said Dorchester Railway Company shall, after the rails are laid down, keep in good order and complete repair the whole of the cartway or roadway which is paved, also that portion that is unpaved, and lying between the bridge over the Boston and New York Central Railroad and Dorchester Street which vehicles pass over, that is to say, the gravelled surface outside of either outside rail.

Also, under the further express proviso and condition, that whenever the board of aldermen shall from time to time determine and order that any portion of said Dorchester Avenue, through and in which the additional track is located by the terms and under the authority of this order, shall be repaved with what they shall deem to be the best of stone material; the whole expense of such paving shall be paid by the said Dorchester Railway Company, the work to be done by the superintendent of streets, under the authority of the board of aldermen.

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

Also, under the further express proviso and condition, that the said Dorchester Railway Company shall accept this order of location, and agree to its several provisions and conditions with

in fifteen days after the date of its passage, and file said accept- Third Location. ance and agreement in writing with the city clerk, otherwise it shall be null and void.1

EAST BOSTON WHARF COMPANY'S RAILROAD.

STATUTE.

Powers granted. - Location.

SPECIAL ACT.

The East Boston Wharf Company is hereby authorized to 1862, 117, § 1. connect its wharves and docks, by railroad, with the rails of the Eastern Railroad, with the consent of the owners thereof, and with the approval of the mayor and aldermen of the city of Boston.

Location.

June 17, 1862.

The East Boston Wharf Company is authorized to construct Location. and maintain a single railroad track across Lewis Street and in Webster Street, from Lewis Street to connect with the tracks of the Eastern and Grand Junction Railroads, which cross said Webster Street.

The right to lay down this single track is under the express proviso and condition that said East Boston Wharf Company shall at all times, after the rails are laid down, keep in good order and complete repair that portion of Lewis and Webster Streets lying between the rails, and also that portion of the streets lying outside of the rails and adjacent thereto, extending three feet from and outside of each rail. Also, under the further express proviso and condition, that said East Boston Wharf Company shall run cars for the transportation of merchandise only, on said track, at a rate of speed not exceeding four miles per hour, and that the cars shall not remain stationary on said

1 1 Accepted by Dorchester Railway Company, November 14, 1860.

June 17, 1862. streets, nor occupy said streets more than five minutes in any one hour. A flag-man shall also be stationed on Lewis Street whenever the cars are passing, to prevent accidents; and said company shall be subject to such other restrictions as to the running of the cars upon the said track as the board of aldermen from time to time shall decide and determine that the public good shall require.

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

Also, under the further express proviso and condition, that the board of aldermen reserves the right to order the said single track, located under authority of this order, to be removed whenever in their opinion the public good and necessity shall require the same to be done, and the roadway shall be placed in complete repair after said removal at the cost of said East Boston Wharf Company, and that while said track shall remain in said streets, the said corporation shall indemnify and save harmless the city of Boston against and from all suits and claims for damages arising from defects in said streets, caused by the said track, or by the said corporation.

Also, under the further express proviso and condition, to the location granted under the authority of this order, that said East Boston Wharf Company shall accept this said order of location, and give a bond satisfactory to the committee on paving and the city solicitor, to comply with its several provisions and conditions within twenty days of the date of its passage, and file said acceptance and bond with the city clerk; otherwise it shall be null and void.1

1

1 Accepted by railroad company June 26, 1862. Bond approved, filed July 8, 1862.

thorized to

other roads.

Right to enter

certain roads.

1. The Lynn and Boston Horse Railroad Company was in- Company aucorporated by an Act approved April six, eighteen hundred and build road and fifty-nine, chapter two hundred and two. It was authorized to connect with construct and maintain a road with single or double tracks, from 1859, 202, § 1. the town of North Chelsea through Saugus to the city of Lynn; said road to commence in North Chelsea, or connecting with the Chelsea Beach, Boston and Chelsea, or other roads on the Salem and Boston Turnpike, and through Swampscot to Marblehead. The location and connections were to be determined by the mayor and aldermen and selectmen of said city and towns. 2. By the second section of said Act, the corporation was upon tracks of authorized to enter upon and use the tracks of the Boston and Ibid. § 2. Chelsea, Chelsea Beach, and Middlesex Railroad Companies, and the tracks of any other railroad hereafter to be constructed in Chelsea, or in that part of the city of Boston known as East Boston, and over such streets in the cities of Chelsea and Boston (East Boston) as the mayor and aldermen of said cities might designate, upon and for such rates of compensation as might be agreed upon. In case of disagreement with either of said companies as to mode of construction or rates of compensation the same was to be fixed by commissioners to be appointed by the supreme judicial court.

3. Section four provided that the corporation might fix rates Rates of fare,

how fixed,

1859, 202, § 4.

Road to be constructed as au

city and town authorities. Ibid. § 5.

of compensation for transporting passengers and property over their road, not exceeding two and a half cents a mile for any passenger transported for more than four miles, but may send extra cars at specified rates at any time, and to have all the powers and privileges, and be subject to all the duties and liabilities set forth in the forty-fourth chapter of the Revised Statutes.1

4. The said road and any extension were to be constructed thorized by the and maintained in such manner and upon such grade as the mayor and aldermen of said city of Lynn and the selectmen of said towns respectively might fix and determine, and if said company should deem it expedient to alter the grade of any street or highway, such alterations are to be made at the expense of grade of streets, said corporation, but such alterations are not to be made till first assented to by said mayor and aldermen and selectmen.

Alteration of

how made.

Ibid.

Penalties on persons and the company for

5. Persons wilfully obstructing the corporation in the use of their road, are liable to fine or imprisonment; and if the corpoobstructing, &c. ration, its agents, or servants, wilfully obstruct any street or highway, or the passing of any carriage over the same, said corporation shall be liable to a fine of five hundred dollars.

Ibid. §§ 7,8.

May use tracks of the Winni

of other horse railroads in Boston.

1862, 192, § 1.

6. The Lynn and Boston Railroad Company is hereby simmet Compa- authorized to enter upon and use with its horses and cars the ny, and tracks tracks of the Winnisimmet Railroad Company within the city of Chelsea, the lands, ferryways, drops, and boats of the Winnisimmet Ferry Company, and the tracks of any horse railroad company in the city of Boston, for the purpose of transporting its own passengers to and from Scollay's Building, so called, in Court Street, in said Boston, or such point northerly of Cornhill as shall be from time to time fixed by the mayor and aldermen of Conditions to the city of Boston, subject to the convenience of the corporations whose tracks it may be necessary to use for such purpose, and subject also to the permission of the mayor and aldermen of said cities, and such regulations as they may establish in regard to such use, and for such rates of compensation as may be agreed upon; or, in case of disagreement with either of the companies whose tracks shall be so used, the same shall be fixed by three commissioners to be appointed by the supreme judicial court.

be prescribed

by board of aldermen. Ibid.

1 See Gen. Stats. c. 68.