in the year one thousand eight hundred and forty-nine, shall be restricted to the line now occupied by them for the purpose specified in the said third section. [1854, 353; 1858, 86; 1859, 184, 222.] May 7, 1851. AN ACT to incorporate the New England Conductors' and Engineers' Chap. 122 Mutual Benefit Association. Be it enacted, &c., as follows: SECTION 1. Caleb Pratt, Jr., Thomas White, John Q. A. Corporators. Bean, their associates and successors, are hereby made a corporation, by the name of the New England Conductors' and Engineers' Mutual Benefit Association, for the purpose Purpose. of affording mutual charitable relief, with all the powers Powers and and privileges, and subject to all the liabilities, restrictions duties. and requirements, set forth in the forty-fourth chapter of the Revised Statutes. al estate. SECTION 2. The said corporation may hold real and Real and personpersonal estate, for the purpose aforesaid, to an amount not exceeding thirty thousand dollars. [1847, 269; 1848, 143.] May 7, 1851. AN ACT to renew the Charter and to extend the time for locating and Chap. 123 constructing the Agricultural Branch Railroad. Be it enacted, &c., as follows: ed. SECTION 1. The act to establish the Agricultural Branch Act of 1847 revivRailroad Company, passed on the twenty-sixth day of April, in the year one thousand eight hundred and forty-seven, is hereby revived and declared to be in full force: provided, Proviso. that if the said corporation shall not have been organized and the location of their railroad upon the route described in the said act have been filed according to law within one year, and their road completed within two years from the passage of this act, then this act shall be void. retary of the SECTION 2. The construction of the said railroad shall Certificate to be not be commenced until a certificate shall have been filed in filed with the secthe office of the secretary of the Commonwealth, subscribed Commonwealth. and sworn to by the president of the said company and a majority of the directors thereof, stating that all the stock named in its charter has been subscribed for by responsible parties, and twenty per cent. of the par value of each and every share thereof has been actually paid into the treasury of the company. SECTION 3. The corporation shall not issue any stock for Proviso. a less sum than the par value named in its charter. May 7, 1851. [1852, 178, 251; 1853, 185; 1856, 243; 1857, 102; 1859, 12.] 39 Chap. 124 Corporators. Purpose. Powers and duties. Real and personal estate. AN ACT to incorporate the Boston Musical Hall Association. SECTION 1. Jonas Chickering, Henry W. Pickering, Edward Frothingham, their associates and successors, are hereby made a corporation by the name of the Boston Musical Hall Association, for the purpose of erecting and holding a musical hall in the city of Boston, with all the rights and privileges, and subject to all the duties, liabilities and restrictions, set forth in the forty-fourth chapter of the Revised Statutes. SECTION 2. The said corporation, for the purposes aforesaid, may take and hold real and personal estate to an amount not exceeding one hundred and fifty thousand dollars. SECTION 3. This act shall take effect from and after its passage. May 7, 1851. Chap. 125 AN ACT to incorporate the Danvers and Georgetown Railroad Company. Be it enacted, &c., as follows: Corporators. Powers and duties. Location. Capital stock. No stock to be issued at less than par. Real estate. Proviso. SECTION 1. John Wright, Samuel Little, Henry Poor, and Asa Pingree, their associates and successors, are hereby made a corporation by the name of the Danvers and Georgetown Railroad Company, with all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter of the said statutes relating to railroad corporations, and in all statutes subsequently passed relating to railroad corporations. SECTION 2. The said corporation may construct and maintain a railroad, commencing at some convenient point in Georgetown, thence running through Rowley, Ipswich, Boxford, Topsfield, Wenham, or any of said towns, to the village of North Danvers, there to enter upon and unite with the Essex Railroad, at some convenient point. SECTION 3. The capital stock of the said railroad corporation shall consist of thirteen hundred shares, and no assessment shall be made thereon of a greater amount in the whole than one hundred dollars on each share, and no shares in the capital stock of the said corporation shall be issued for a less sum or amount to be actually paid in on each than the par value of the shares which shall be first issued; and the said corporation may purchase and hold such real estate, materials, engines, cars and other things as may be necessary for depots, for the use of the said road, and for the transportation of persons, goods and merchandise: provided, however, that the said company shall not commence the construction of the said road until after the stock named in this charter shall have been taken by responsible persons, and ten per cent. on each and every share shall have been paid to the treasurer of the said company. to law within SECTION 4. If the location of the said railroad be not Location to be filed according to law within two years, and if the said rail- filed according road be not constructed within three years from the passage two years. of this act, this act shall be void. authorize other SECTION 5. The legislature may authorize any company Legislature may to enter with another railroad upon the said railroad at any roads to enter. point thereof, and use the same according to law. and reduce tolls, &c. SECTION 6. The legislature may, from time to time, alter May alter and reduce the rate of tolls or profits upon the said railroad; but the said tolls or profits shall not be so reduced without the consent of the said corporation as to produce with said profits less than ten per cent. per annum upon the investment of said corporation. SECTION 7. This act shall take effect from and after its passage. May 7, 1851. [1851, 212; 1852, 32, 167; 1853, 276; 1854, 1, 54; 1855, 1, 14, 42; 1857, 263.] [1848, 185.] AN ACT in addition to "An Act to incorporate the Pocha Pond Meadow Chap. 126 and Fishing Company in Edgartown." Be it enacted, &c., as follows: flowage shall be sioners, and paid SECTION 1. If any person, not a proprietor of this corpo- Damage from ration, shall receive damage by the flowing of his meadows, estimated by or in closing the present outlet of Pocha Pond, the county county commis. commissioners of Dukes County, after the hearing of all by corporation; parties interested, shall estimate the amount of damages such persons may have sustained by the said corporation, and also the benefits, if any, such persons may derive by the flowing of his meadows, or in closing the present outlet; which damages, if any, after deducting therefrom the benefits, said corporation shall pay; and either party, if dis- Either party may satisfied with any estimate made by the said commissioners, may apply for a jury to assess the damages, either at the same meeting at which such estimates shall be completed and returned, or at the next regular meeting thereof, and the like proceedings shall be had thereon as are provided for the recovery of damages for laying out highways. appeal. SECTION 2. The fourth section of an act entitled "An 1848, 185, 4, Act to incorporate the Pocha Pond Meadow and Fishing Company," passed on the twenty-fifth day of April, in the year one thousand eight hundred and forty-eight, is hereby repealed. SECTION 3. This act shall take effect from and after its passage. May 7, 1851, [1856, 45.] Railroads allowed to enter on each other, &c. [Essex, 1846, 79; 1847, 239; 1848, 263; 1849, 7; S. & L., 1848, 223; 1849, 10; S. R. B., 1848, 204.] AN ACT in relation to the Essex, and Salem and Lowell Railroad Companies, and the South Reading Branch Railroad. Be it enacted, &c., as follows: SECTION 1. The Salem and Lowell Railroad Company are hereby authorized to enter upon the Eastern Railroad, from the Essex Railroad, at any point of connection in Salem, and to use the same, or any part thereof, according to law; and the South Reading Branch Railroad are authorized to enter upon the Essex Railroad, at South Danvers, and to use the same, or any part thereof, according to law. SECTION 2. The Salem and Lowell Railroad Company and the South Reading Branch Railroad are authorized to enter, with their motive power, upon the Essex Railroad, at South Danvers, and may proceed therewith over such portion of the said railroad and its branches, as have been and may be constructed between Central Street, in South Danvers, and Further regula Phillips Wharf, in Salem; and the two companies aforesaid shall be entitled to the use of the turntables, side tracks, and all other depot accommodations of the Essex Railroad, and they are authorized, at their own expense, to construct branch tracks, leading from the said railroad, to premises occupied by the said companies respectively. tions. Essex R. R. Co. may widen location, &c. Proviso. Superintendent provided for. SECTION 3. The Essex Railroad Company are authorized to widen the location of their railroad and branches, lying eastwardly of Central Street, in South Danvers, as aforesaid, and to take such additional land as may be necessary for the purpose of constructing a double track, with suitable side tracks: provided, that the location thereof be filed and the construction completed within two years from the passage of this act. SECTION 4. All that portion of the Essex Railroad and its branches, lying easterly of Central Street, in South Danvers, shall be under the care of a superintendent, who shall be appointed by the three companies entitled to use the same, and who shall not otherwise (except by the consent of all the said companies,) be in the employ of either of them; and the directors of the said three companies may make such contracts and arrangements as shall be necessary for the joint management and repairs of the said portion of the Essex Railroad and its branches; and either of the said companies is hereby authorized to contract with the others, or either of them, for operating their respective roads, or alary of, how any part thereof; and the salary of the superintendent, and all expenses incurred in the management and repairs of that portion of the Essex Railroad lying eastwardly of Central Street, in South Danvers, shall be apportioned between the three companies, according to their proportionate use of the paid. tween the parties to county com same; and, in case of disagreement at any time, either of Differences bethe said companies may apply to the county commissioners may be referred of the county of Essex, who, after due notice and a hearing missioners. of the parties, shall act as arbitrators upon all points of difference between the said companies, in relation to the management and repairs as aforesaid, and shall have authority to appoint a superintendent, and to make an apportionment of his salary and of all other expenses; and their award and decree in the premises, or the award and decree of a major part of them, and the appointment of a superintendent, when made, shall be binding upon all parties for one year, at the expiration of which, or at any time thereafter, it may be revised and amended upon the petition of either party; but the said three companies may at any time, by their concurrent vote, remove such superintendent and substitute another. The award of the said commissioners, or of a major part of Award, &c., when them, together with the said appointment of a superintendent, and all matters which by this section are referred to the said commissioners, shall be made within three months after the submission of the same. made. mon pleas may differences, &c. SECTION 5. The Salem and Lowell Railroad Company Compensation for use, how paid, and the South Reading Branch Railroad shall each pay to &c. the Essex Railroad Company, semi-annually, such compensation for the use of the aforesaid portion of its railroad, and for all the privileges conferred by this act, as may be agreed upon by the parties; and in case of disagreement, the court Court of comof common pleas, upon the petition of either party, presented appoint commisto any justice thereof sitting in any county, shall, after due sioners to settle notice, appoint three commissioners, who, after hearing the parties, shall have authority to determine the amount of compensation to be paid semi-annually as aforesaid; and the award and decree of the said commissioners, or a major part of them, being made and reported to the said court at any term thereof holden within and for the said county of Essex, within six months after making the same, shall be final and conclusive upon the parties. liable in case of SECTION 6. In case of any accident occurring upon that which company part of the Essex Railroad lying eastwardly of Central Street, accident. as aforesaid, that company shall be held liable for the same by whose act, neglect or default, it was occasioned; and if it shall occur in consequence of any defect in the road, the damage shall be borne by the three companies respectively, in the same proportion in which they are required to pay for repairs of the road. Branch Railroad SECTION 7. The South Reading Branch Railroad is hereby South Reading authorized to increase its capital stock by an amount not may increase capexceeding one hundred thousand dollars: provided, that it ital stock. |