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City Document — No. 8. 







In Common Council, June 6, 1853. 
Ordered to be printed for the use of the City Council. 


^ommonujcaltl) of illassadjusctte. 

In the year One Thousand Eight Hundred and Fifty-three. 


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 


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 

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 


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 

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 

1853.J CITY DOCUMENT.— No. 8. 

House of Representatives^ May 20, 1853. 

Passed to be enacted. 


In Senate, May 20, 1853. 
Passed to be enacted. 

C. H. WARREN, President. 

May 21, 1853. 



Boston, May 30, 1853. 

I hereby certify the foregoing to be a true copy of the 
original act. 


Secretary of the Commonwealth.