pond; thence north, twenty-seven degrees east, about eleven Route of railthousand four hundred feet, to a point at or near the house of J. road. B. Dodge; thence easterly, about sixteen hundred and thirtythree feet, by a curve of eleven thousand four hundred and sixty feet radius, to a swamp; thence north, fifty-six degrees east, about ninety-eight hundred and eighty-five feet, to a point at or near the house of J. and B. Appleton; thence westerly, about twelve hundred and fifty feet, by a curve of fifty-seven hundred and thirty feet radius; thence north, twenty-one degrees east, about twenty-two hundred and ninety feet, to the Topsfield road; thence easterly, about eight hundred and thirty-three feet, by a curve of fifty-seven hundred and thirty feet radius, to a point at or near a road; thence north, thirty degrees east, about sixtyeight hundred and ninety-two feet, to a point at or near the house of G. Chapman, in Ipswich; thence westerly, about eleven hundred feet, by a curve of eleven hundred and forty-six feet radius, to the low grounds; thence north, twenty-five degrees west, about seventeen hundred feet, to a point at or near the corner of the Boxford road; thence easterly, about twenty-five hundred feet, by a curve of fifty-seven hundred and thirty feet radius, to a cross road; thence northerly, about thirty-seven thousand seven hundred and forty-two feet, crossing the meadows of Ipswich, Rowley and Newbury, and crossing Rowley, Parker and Little rivers; thence easterly, about eighteen hundred and sixtyseven feet, by a curve of eleven thousand four hundred and sixty feet radius; thence north, eight degrees east, about fortyseven hundred and fifty feet, to Union street, in Newburyport; thence westerly, about six hundred and twenty-five feet, by a curve of fourteen hundred and forty-eight feet radius; thence north, seventeen degrees west, about two hundred and eight feet; thence easterly, about eleven hundred and ten feet, by a curve of twelve hundred and thirty feet radius, to a point at or near the western end of the chain bridge over the Merrimack river; thence, across the site of said bridge, about one thousand feet, to the left bank of said river; thence north, thirty-five degrees east, about twenty-nine hundred and seventy feet, running on the easterly side of the Newburyport bridge road; thence westerly, about eight hundred and twenty-five feet, by a curve of thirty-three hundred feet radius; thence north, eighteen degrees east, about eightysix hundred feet, to a point at or near "Čarr's corner; " thence westerly, about eight hundred and twenty-five feet, by a curve of thirty-three hundred feet radius; thence north, eight degrees east, to the boundary line between the said Commonwealth and the state of New Hampshire: provided, nevertheless, that a part Part of line may of the above described line may and shall be altered, if the in- be altered. habitants of the town of Newburyport shall so determine, at any legal meeting of said inhabitants, called for that purpose, in manner following, to wit: from a suitable point in Newbury, to the western end of the said chain bridge across the Merrimack river; which alteration shall be made in such manner as the engineer of the said Eastern Rail-road Company shall deem most suitable to part may be deferred. carry the line of said rail-road west of the jail in Newburyport, and across High street, passing through or near Winter street : Construction of and provided, also, that said corporation shall not be holden or required to construct their said rail-road on that part of the above described line, between said Union street or Winter street, and the boundary line between the said Commonwealth and said state of New Hampshire, until they shall deem it expedient to do so. SECT. 2. Nothing herein contained shall be construed to confirm, interrupt or impair, the existing rights of any corporation, person or persons, owning, or interested in, any ferry already established or licensed, or to restrain the power of setting up any ferry, which the wants or convenience of the public may require; and the said rail-road company shall not locate or construct any part of their rail-road in, upon or through any enclosure used or appropriated for the burial of the dead, without the consent of the inhabitants of the town where such enclosure is situated. Existing rights not to be impaired by this act. Capital stock. Bridges, draws, piers, &c. Damages for vessels being detained unreasonably. SECT. 3. The capital stock of said corporation shall consist of not less than thirteen thousand, nor more than twenty thousand shares, the number of which shall be determined, from time to time, by said corporation, or by the directors thereof; and no assessment shall be laid thereon, of a greater amount in the whole than one hundred dollars on each share; and said corporation may purchase and hold, in the name of the corporation, such real estate, materials, engines, cars and other things, as may be necessary for depots, for the use of said road, and for the transportation of persons, goods and merchandize. SECT. 4. The said corporation shall construct and maintain, in their said rail-road, a draw of at least thirty feet in width, across each of the following rivers, for the passing and repassing of vessels, viz Saugus river, Salem South river, 'and Beverly river; also, a draw, not less than twenty-five feet in width, across Chelsea creek; also, a bridge across Rowley river, which last mentioned bridge shall be built in such manner as the county commissioners for the county of Essex shall approve; also, such buoys and hawsers at or near Beverly bridge, and such lights, (not exceeding four in number,) at the draw thereof, as the selectmen of Beverly, in writing, shall direct. The said corporation shall erect such piers, near the said draws, any or either of them, as the commissioners for the county in which such draw or draws may be situate, shall, in writing, require; and the said corporation shall keep each of said draws and piers in good repair, and shall raise or open said draws, and afford all reasonable accommodation to vessels having occasion to pass through the same, or either of them, by day or by night; and if any such vessel shall be unreasonably detained in passing either of said draws, by the negligence of said corporation, in constantly providing agents to discharge, faithfully the duties enjoined by this act, the owner, commander or person having the consignment of said vessel, may recover reasonable damages therefor, of said corporation in an action on the case, before any court competent to try the same. The said corporation shall not permit the passing of any bridge erected by them, by any carriages of any description, other than those adapted to the travelling on said rail-road, nor by horses or other beasts not attached to such rail-road carriages, nor by persons on foot, except by such persons, carriages, horses or other beasts, as may be in the immediate service of said corporation. and Danvers SECT. 5. If, in constructing said rail-road, it shall be neces- Provisions resary to remove, or alter any of the pipes or other works of the specting Salem Salem and Danvers aqueduct corporation, in the city of Salem, aqueduct. the said rail-road company shall cause such removal or alteration to be made at their own expense, in such good and sufficient manner, and of such suitable and permanent materials as will convey the water of said aqueduct as freely, copiously and securely as it is now conveyed; and shall, from time to time, as may be necessary, maintain the pipes and other constructions, made necessary by any such alterations or removals, in good and sufficient repair; and said rail-road company shall be held to indemnify said aqueduct corporation for any loss, damage or expense, which they may sustain by reason of the removals or alterations aforesaid, or by any other interference of said railroad, with the pipes or other works of said aqueduct corporation. SECT. 6. The Salem turnpike and Chelsea bridge corpora- Salem turnpike tion may subscribe for any amount, not exceeding one fourth of the shares and capital stock of said Eastern Rail-road Compa- may subscribe ny provided, that the said Salem turnpike and Chelsea bridge for stock. corporation shall, within ninety days after the passing of this act, notify either of the three persons first named in the first section hereof, of their intention to subscribe for, and own said shares ; and the said Salem turnpike and Chelsea bridge corporation shall distribute the shares and capital stock, so subscribed for by them, among the stockholders, or otherwise dispose of the same, as the said corporation, or the directors thereof, shall deem just and expedient provided, always, that the holders or proprietors of Proviso. the shares, which may be taken as aforesaid by the said Salem turnpike and Chelsea bridge corporation, shall hold the same, subject to all assessments and liabilities, and with the same privileges as are provided concerning the shares and capital stock in said rail-road company. part and Chelsea bridge company ditions of this SECT. 7. The capital stock of said rail-road corporation shall be thirteen thousand shares, until the number thereof shall be increased in the manner expressed in the second section of this act; and if the said thirteen thousand shares shall not have been Number of subscribed for, and the corporation organized before the first day shares, and conof January, in the year one thousand eight hundred and thirty- act. seven, or if the location of said rail-road shall not be filed according to law, or if said company shall fail to complete the said rail-road, to the extent provided in the first section of this act, on or before the first day of September, in the year one thousand eight hundred and forty, this act shall be void. SECT. 8. The legislature may, after the expiration of five Tolls may be altered by legislature. Entrance of years from the time when this rail-road shall be open for use, from time to time, alter or reduce the rate of tolls and other profits upon said road; but the said tolls shall not, without the consent of the corporation, be so reduced as to produce with said profits less than ten per cent. per annum. SECT. 9. The Commonwealth may authorize any company other rail-roads. to enter, with another rail-road, at any point of said Eastern Railroad, paying for the right to use the same, or any part thereof, such a rate of toll as the legislature may, from time to time, prescribe, and complying with such rules and regulations as may be established by the directors of said Eastern Rail-road. [April 14, 1836.] Add. acts, 1837 ch. 152. 190. Chap 233. Persons incorporated. An ACT to incorporate the Lowell Dispensary. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SECT. 1. James G. Carney, John Clark, James Cook, their associates and successors, are hereby made a corporation, by the name of the Lowell Dispensary, for the purpose of furnishing medicine, and other needful articles, and medical advice and rePowers and du- lief, to the sick poor of the town of Lowell, 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, passed on the fourth day of November, in the year one thousand eight hundred and thirty-five. ties. R. S. ch.44. Real and personal estate. SECT. 2. The corporation hereby established may take and hold, for the purpose aforesaid, any real or personal estate, the annual income of which shall not exceed the sum of three thousand dollars. [April 15, 1836.] Chap 234. An ACT to amend an Act to incorporate the Boston and Millbury Water Power and 1836 ch. 186. Name changed. Manufacturing Company. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: The name of the said company shall be the Boston and Millbury Water Power and Manufacturing Company, any thing in the act entitled, an act to incorporate the Boston and Millbury Water Power and Manufacturing Company, passed on the ninth day of April instant, to the contrary notwithstanding. [April 15, 1836.] Chap 235. An ACT in addition to an Act to incorporate the Douglas Axe Manufacturing Com 1834 ch. 52. Increase of capital. Powers and du. ties. pany. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SECT. 1. The Douglas Axe Manufacturing Company may be lawfully possessed of seventy thousand dollars in personal estate, and seventy thousand dollars in real estate, in addition to their present authorized capital. SECT. 2. The said corporation shall have all the powers and privileges, and be subject to all the duties, restrictions and liabil ities, set forth in the thirty-eighth and forty-fourth chapters of the R. S. ch.38. 44 Revised Statutes, passed on the fourth day of November, in the year one thousand eight hundred and thirty-five. [April 15, 1836.] An Act to incorporate the Pittsfield and West Stockbridge Rail-road Company. Chap 236. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: ties. SECT. 1. Lemuel Pomeroy, Robert Campbell, and Mathias Persons incorR. Lanckton, their associates and successors, are hereby made porated. a corporation, by the name of the Pittsfield and West Stockbridge Rail-road Company, with all the powers and privileges, Powers and duand subject to all the duties, liabilities and provisions, contained in the forty-fourth chapter, and in that part relating to rail-road R. S. ch. 39. 44. corporations, of the thirty-ninth chapter of the Revised Statutes, passed on the fourth day of November, in the year one thousand eight hundred and thirty-five. road. SECT. 2. The said company may lay out and construct a Route of railrail-road, commencing at some convenient place for a depot, at or near the village of Pittsfield, and passing, or passing from, a point in the north street of said village, within one hundred rods of the town-house of Pittsfield, in a southwesterly direction, crossing the road from Pittsfield to Albany, within one hundred and fifty rods of said town-house; thence passing near the village of Stearnsville, and the Shaker mill, into Richmond; and passing through Richmond near the house of Edwin W. Dwight, and near the furnace in said Richmond, into West Stockbridge, to the intersection of this rail-road with the West Stockbridge railroad, or the Western rail-road, on or near Flat Brook meadows, in said West Stockbridge. SECT. 3. The capital stock of said corporation shall not exceed Capital stock. three hundred thousand dollars; and shall be divided into shares of one hundred dollars each; and the said corporation may invest and hold such part thereof in real estate, as may be necessary and convenient for the purposes of their incorporation. may alter tolls. SECT. 4. The legislature may, after the expiration of four Legislature years from the time when this rail-road shall be opened for use, from time to time, alter, equalize or reduce the rate of tolls and other sources of profit upon said road; but said tolls shall not, without the consent of the corporation, be so reduced as to produce, with said profits, less than ten per cent. per annum. SECT. 5. The Commonwealth may authorize any company Entrance of to enter with another rail-road at any point of said Pittsfield and other rail roads. West Stockbridge Rail-road, paying for the right to use the same, or any part thereof, such a rate of toll as the legislature may, from time to time, prescribe, and complying with such rules and regulations as may be established by the directors of said Pittsfield and West Stockbridge Rail-road. this act. SECT. 6. If the corporation hereby created be not organiz- Conditions of ed, and the location of its road filed, after, and within one year 88 VOL. VII. |