Digitized by the Internet Archive in 2010 with funding from Boston Public Library http://www.archive.org/details/citydocuments538roxb City Document — No. 8. METROPOLITAN RAILROAD COMPANY ROXBURY : THOMAS PRINCE, CITY PRINTER. 1853. CITY OF ROXBURY. In Common Council, June 6, 1853. Ordered to be printed for the use of the City Council. JOSHUA SEAYER, Clerk. ^ommonujcaltl) of illassadjusctte. In the year One Thousand Eight Hundred and Fifty-three. AN ACT To Incorporate Ihe Metropolitan Railroad Company. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of ihe same, as follows : Section 1. John P. Ober, Moses Field Fowler, and Henry N. Hooper, their associates and successors, are here- by made a Corporation, by the name and title of the Met- ropolitan Railroad Company, with power to construct, maintain and use a railway or railways, with convenient single or double tracks, from such point or points of the city of Roxbury, upon and over the streets or highways therein, to the line separating said city from the city of Boston, as shall be from time to time fixed and determined by vote of the Mayor and Aldermen of said city, and assented to in writing by said Corporation ; and from said line separating said cities, 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 4 METROPOLITAN RAILROAD. [June, Mayor and Aldermen of said city of Boston, and assented to in Avriting by said Corporation : Provided, 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 con- venience : And provided further, that said Road may be constructed wholly within the said city of Boston, if said Corporation and the Mayor and Aldermen of said city shall both so elect ; and the written assent of said Corporation to any vote or votes of the Mayor and Aldermen of said cities, prescribing from time to time the routes of said Road, shall be filed with the respective clerks of said cities, and shall be taken and deemed locations thereof: Provided, further, that before the location or construction of any track in any street, the Mayor and Aldermen of said cities, respectively, shall give notice to the abuttors thereon, fourteen days at least before the hearing, that they may shew cause, if any there be, why said track shall not be so located and constructed ; and said Corporation shall have power to fix from time to time such rates of compensation for transporting persons or property'' thereon as they may think expedient, and be sub- ject to all the duties, restrictions and liabilities, and entitled, to all the rights and privileges, prescribed by the forty- fourth chapter of the Revised Statutes. Section 2. Said tracks or road shall be operated and used by said Corporation with horse power only, and it shall not connect its tract 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. Section 3. Said Corporation shall maintain and keep in repair such portion of the streets, respectively, as shall be occupied by their tracks, and shall be liable for any loss or injury that any person may sustain, by reason of any care- 1853.] CITY DOCUMENT.— No. 8. 6 lessness, neglect or misconduct of its agents and servants, in the management, constrnction, or use of said tracts or roads ; and, in case any recovery shall he had against either of said cities, by reason of said defect, want of repair or use, said Corporation shall be liable to pay to said cities, respec- tively, any sum thus recovered against them, together with all costs and reasonable expenditures incurred by said cities, or either of them, in the defence of any such suit or suits, in which such recovery shall be had ; and said Cor- poration shall not encumber any portion of the streets not occupied by the said road or tracks. Section 4. If any person shall wilfully and maliciously obstruct said Corporation in the use of said road or tracks, or the passing of the cars or carriages of said Corporation thereon, such persons, and all who shall be aiding or abet- ting therein, shall be punished by a fine not exceeding five hundred dollars, or may be imprisioned in the common jail for a period not exceeding three months. If said Corpora- tion, or its agents or servants, shall wilfully and maliciously obstruct any highway, or the passing of any carriages over the same, such Corporation shall be punished by a fine not exceeding five hundred dollars. Section 5. The capital stock of said Corporation shall not exceed the sum of five hundred thousand dollars, to be divided into shares of fifty dollars each ; and no shares shall be issued for a less sum, to be actually paid in on each, than the par value of the shares which shall first be issued. Section 6. Said Corporation shall have power to pur- chase and hold such real estate, within said cities, or either of them, as may be necessary or convenient for the pur- poses and management of said road. Section 7. The cities of Boston and Roxbury may, — at any time during the continuance of the charter of said Corporation, and after the expiration of ten years from the opening of any part of said road for use, — purchase of said Corporatiou all the franchise, property, rights and fur- niture of said Corporation, by paying them therefor such a 6 METROPOLITAN RAILROAD. [June, sum as will reimburse to each person, who may then be a stockholder therein, the par vahie of his stock, together with a net profit of ten per cent, per annum, from the time of the transfer of said stock to him on the book of the Cor- poration, deducting the dividends received by said stock- holder thereon. Section 8. The said road shall be constructed and maintained in such form and manner, and upon such grade and with such guage, as the Mayor and Aldermen of said cities, respectively, may, — in their votes, fixing and deter- mining the routes thereof, as aforesaid, — prescribe and direct; and whenever, in the judgment of said Railroad Cor- poration, it shall be necessary to alter the grade of any street so occupied by it, such alteration may be made at the sole expense of said Corporation, provided, the same shall be assented to by the Mayor and Aldermen of said cities respectively. Section 9. Nothing in this act shall be construed to prevent the city authorities of either of said cities, from tak- ing up any of the public streets traversed by said Railroads, for the purposes for which they may now lawfully take up the same. Section 10. This act shall be void, so far as relates to the right to construct said road in either of said cities, unless the same shall be accepted by said Corporation, and ten per cent, of the capital stock thereof paid in, within two years of the passage of this act. Section 11. The said Corporation shall be deemed a Railroad Corporation, so far as to be subject to make such annual returns to the Legislature, as are or may be pre- scribed by law ; but not to the other general provisions of law, in relation to railroad corporations. Section 12. The existence of said Corporation is here- by hmited to the period of fifty years from the passage hereof. 1853.J CITY DOCUMENT.— No. 8. House of Representatives^ May 20, 1853. Passed to be enacted. GEORGE BLISS, Speaker. In Senate, May 20, 1853. Passed to be enacted. C. H. WARREN, President. May 21, 1853. Approved. JOHN H. CLIFFORD. SECRETARY'S OFFICE. Boston, May 30, 1853. I hereby certify the foregoing to be a true copy of the original act. E. M. WRIGHT, Secretary of the Commonwealth.