SECTION 6. The board of aldermen of said city and the Speed. selectmen of said town shall regulate the speed and mode

of use of said railroad, and may at any time order up the Removal of tracks, or so much thereof as they shall think proper, at the tracks. expense of said corporation.

SECTION 7. Said railroad shall keep in repair such por- Repair of streets. tions of the streets as shall be occupied by their track, and

shall be liable for all losses and injury sustained by any Liability for person by reason of carelessness, negligence or misconduct losses. of its agents or servants.

SECTION 8. Said corporation is authorized and empow- May transfer ered to sell, lease or transfer its franchise, and all its prop- franchise, &c. erty, rights and privileges, or any part thereof, to any other like corporation, on such terms as may be mutually agreed upon between the parties, and make and execute all papers and instruments necessary for that purpose; and the corporation receiving the same shall have all the rights, and be subject to all the requirements, restrictions and liabilities, herein contained; said corporation may, in the same man- May purchase ner, purchase and hold the rights and property of any other rights. similar corporation. When a sale or purchase is made, the capital stock shall become a part of the capital stock of the stocks. purchasing corporation.

Consolidation of

SECTION 9. The capital stock of said corporation shall Capital. not exceed the sum of one hundred thousand dollars, to be divided into shares of fifty dollars each.

SECTION. 10. Said corporation shall have power to pur- Real estate. chase and hold such real estate in the city of Boston and the

town of Winthrop as may be necessary and convenient for

the purpose of managing said road.

SECTION 11. Nothing in this act shall be construed to Municipal rights. prevent said city or town from taking up any of the streets traversed by said railroad, for any purpose for which they

may now lawfully take up the same.

ration.

SECTION 12. If any person shall wilfully or maliciously Penalty for obdisturb said corporation, or its agents, in the use of said structing corporoad or its tracks, or the passing of the cars thereon, such persons, and all aiding or abetting therein, shall be punished by a fine not exceeding five hundred dollars, or may be imprisoned in the county jail for a period not exceeding

three months. If said corporation, or its agents or servants For obstruction shall wilfully or maliciously obstruct any highway or the by corporation. passing of any person over the same, said corporation shall be punished by a fine not exceeding five hundred dollars.

SECTION 13. The aforesaid city and town may at any City and town time after the expiration of ten years from the opening of franchise.

may purchase

Annual returns, &c.

Conditions of force of act.

Rates of fare and freight.

strictions.

said road for use, purchase of said corporation all the franchise, rights and property of said corporation, by paying them therefor, a sum equal to the whole amount invested, with a net profit of ten per cent. per annum.

SECTION 14. Said corporation shall be deemed to be a railroad corporation so far as to be subject to such annual returns to the legislature as are or may be prescribed by law, and all such general provisions of law as are or may be prescribed respecting horse railroads.

SECTION 15. This act of incorporation shall be void, unless accepted by the board of aldermen of said city, and the selectmen of said town; and unless such road is located by them within two years from the passage of this act and if the selectmen of said town refuse to accept said charter, or locate said road, the same may be accepted and located by the legal voters of said town.

SECTION 16. Said corporation shall have power to fix from time to time, such rates of compensation for transporting persons and property as they may think expedient; but the rate of passenger fare shall not exceed five cents per Privileges and re- mile to each passenger; and shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, set forth in the sixty-eighth chapter of the General Statutes, passed on the twenty-eighth day of December, in the year eighteen hundred and fifty-nine. SECTION 17. This act shall take effect upon its passage. Approved March 22, 1861.

Chap. 90.

Corporators.

Name.

Location.

Proviso.

AN ACT TO INCORPORATE THE BELMONT HORSE RAILROAD COMPANY.
Be it enacted, &c., as follows:

SECTION 1. Frederic Tudor, Winthrop W. Chenery, J. Varnum Fletcher, Samuel O. Mead, John L. Alexander, Edward B. Grant, their associates and successors, are hereby made a corporation, by the name of the Belmont Horse Railroad Company; with power to construct, maintain and use a railway with convenient single or double tracks, from such point or points on Common Street, in the town of Belmont, as shall be from time to time fixed by the selectmen of said town, with the assent, in writing, of said corporation, filed with said selectmen; thence upon and over Common Street, to the private way connecting Common Street with Concord Turnpike; thence over said private way, or over the land adjoining the same on the south, or over both, according as the selectmen of Belmont shall determine, to Concord Turnpike; and provided, that in no case, whatever may be the decision of said selectmen, shall either of the

laid.

rails of said company be laid within twenty feet of the depot of the Fitchburg Railroad Company, at Belmont station; thence upon and over Concord Turnpike, to Waterhouse Street, in the city of Cambridge; thence over Waterhouse Street to the tracks of the Cambridge Railroad on North Avenue. All tracks of said railroad shall be laid at such Tracks, how distances from the sidewalks in said town and city as the selectmen of said town, and the mayor and aldermen of said city shall, respectively, within the limits of their several jurisdictions, in their votes fixing the location of said railroad, determine to be for the public safety and convenience. Before the location or construction of any track in any Notice to abutstreet or highway, as aforesaid, the selectmen of said town, and the mayor and aldermen of said city, shall give notice to the abutters thereon fourteen days at least before the location of any such track, by publication in such newspapers, respectively, as said selectmen and said mayor and aldermen shall determine. Said corporation shall have Rates of fare and power to fix, from time to time, such rates of compensation freight. for transporting persons and 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 sixty-eighth chapter of the General Statutes.

ters.

conditions.

road,

SECTION 2. The corporation hereby created, in crossing Crossing Fitchall the branches and lateral tracks of the Fitchburg Railroad our Company, leading from the main line to Fresh Pond and Watertown, shall cross in such a manner as not to injure any of the said tracks or branches, or the rails thereof, and shall insert no frogs therein, and make no incision into the rails thereof, but shall cross the same as the Watertown branch of the Fitchburg Railroad Company is now crossed, in Watertown, by the Waltham and Watertown Railroad Company.

road.

SECTION 3. The said corporation may enter upon and May connect with use the tracks of the Cambridge Railroad Company, in such Cambridge Railmode and upon such rates of compensation as may be agreed upon; or, in case of disagreement with said company, such mode and rates shall be fixed by three commissioners, to be appointed by the supreme judicial court. The May lease to said corporation may lease their railroad to said Cambridge Cambridge ComRailroad Company, or to any other party, or hire the said Cambridge Railroad, or any part thereof, upon such terms and conditions as may be mutually agreed upon.

pany.

SECTION 4. Said Belmont Railroad Corporation shall not Motive-power on be allowed to use their motive-power upon the tracks of the Cambridge road. Cambridge Railroad Company without the consent of said

Rates of fare and

passage of cars,

how determined in case of disa

greement.

Motive-power

corporation; but said Cambridge Railroad Corporation shall, at reasonable times, and for a reasonable compensation, draw over the said tracks the passengers and cars of said Belmont Railroad Company; and if said corporations cannot agree upon the stated periods at which the cars shall be so drawn and the compensation to be paid, the supreme judicial court shall, upon the application of either party, appoint three commissioners, who, after due notice to, and hearing the parties interested, shall determine such rate of compensation, and fix such periods having reference to the convenience and interest of the corporations and the public to be accommodated thereby; and the award of the commissioners, or a major part of them, shall be binding upon the respective corporations interested therein, until the same shall have been revised, or altered by commissioners so appointed; but no such revision or alteration shall be made within one year after the award.

SECTION 5. Said tracks or roads shall be operated and and rate of speed. used by said corporation with horse-power only. The selectmen of said town of Belmont and the mayor and aldermen of the city of Cambridge shall have power at all times to make all such regulations, as to the rate of speed and mode of use of the tracks, as the public convenience and safety may require.

Repairs of highways.

Damages.

Liability.

Restriction.

Obstructing punishable.

SECTION 6. Said corporation shall keep and maintain in repair such portion of the streets and highways, 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 carelessness, neglect or misconduct of any of its agents and servants, in the management, construction or use of said roads, tracks or highways; and in case any recovery shall be had against either said town of Belmont or said city of Cambridge, by reason of such defect or want of repair, said corporation shall be liable to pay to said town of Belmont or said city of Cambridge, respectively, or either of them, any sums thus recovered against them, together with all costs and reasonable expenditures incurred by them respectively, in the defence of any such suit or suits, in which recovery may be had; and said corporation shall not use any portion of the streets or highways not occupied by said road or tracks.

SECTION 7. 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 person, and all who shall be aiding or abetting therein, shall be punished by a fine not exceeding five hun

dred dollars, or by imprisonment in the common jail for a period not exceeding three months.

SECTION 8. If said corporation, or its agents or servants, Obstruction by shall wilfully and maliciously obstruct any highways, or the punished. passing of any carriages over the same, such corporation shall be punished by a fine not exceeding five hundred dollars.

SECTION 9. The capital stock of said corporation shall Capital. not exceed fifty thousand dollars, to be divided into shares Shares. of one hundred dollars each.

SECTION 10. Said corporation shall have power to pur- Real estate. chase and hold such real estate, within said town of Belmont

or said city of Cambridge, as may be convenient or necessary for the purposes and management of said road.

maintenance

ities to direct.

of

SECTION 11. The said road shall be constructed and Construction and maintained in such form and manner, and upon such grade, road, municipalas the selectmen of said town of Belmont, and the mayor and aldermen of said Cambridge, respectively, may, in their votes fixing and determining the routes thereof, as aforesaid, prescribe and direct; and whenever, in the judgment of said corporation, 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 Proviso. shall be assented to by the selectmen of Belmont, or the mayor and aldermen of the city of Cambridge, respectively. SECTION 12. Nothing in this act shall be construed to Control of highprevent the selectmen of said town, or the mayor and alder- pality. men of said city, respectively, from entering upon and taking up any of the public streets or highways traversed by said railroad, for any purpose for which they may now lawfully take up the same.

ways by munici

of road by city or

SECTION 13. At any time after the expiration of one Discontinuance year from the opening for use of the tracks of said railroad, town. in any street or road in which the same shall be located, as provided by its charter, the selectmen of Belmont, and the mayor and aldermen of the city of Cambridge, respectively, may determine as to so much of said tracks as is located within their respective limits, that the same or any part thereof, be discontinued; and thereupon the location shall be deemed to be revoked, and the tracks of said railroad shall forthwith be taken up and removed, in conformity with the order of said selectmen of Belmont or mayor and aldermen of the city of Cambridge, respectively; and such taking up and removal shall be at the expense of said railroad corporation.