AN ACT TO INCORPORATE THE BOSTON ELEVATED RAILWAY COM- Be it enacted, etc., as follows: Chap.548 Railway incorporated. SECTION 1. Joe V. Meigs, Thomas W. Hyde, Willard Boston Elevated Howland, Theodore W. Myers, Joseph H. O'Neil, Fred Company C. Patch, Charles A. Whittier, Abram S. Hewitt, Samuel M. Roosevelt, William S. Butler, George H. Towle, William Spalding and Herman Haupt, their associates and successors, are hereby made a corporation by the name of Boston Elevated Railway Company, subject to all general laws which now are or may hereafter be in force relating to railroad corporations, so far as applicable, except as hereinafter provided, but said corporation shall not transport freight or baggage. bonds, etc. SECTION 2. The capital stock of said corporation shall Capital stock. be not less than ten million dollars, divided into shares of one hundred dollars each. The capital may be increased from time to time, by vote of said corporation, to an amount not exceeding twenty million dollars in all. SECTION 3. Said corporation may issue coupon or May issue registered bonds to an amount which, including that of bonds previously issued, shall not exceed in all the capital stock of the corporation actually paid in at the time. It may issue its bonds to provide means for construction and equipment, and for funding its floating debt, and for the purchase of such real or personal estate as may be necessary or convenient for the operation of its railway and in payment of any debt of said corporation. itsfranchise, etc. SECTION 4. Said corporation may mortgage or pledge, May mortgage as security for payment of its bonds, its franchise and any or all of its real or personal property, and property thereafter acquired by it. and bonds to be missioners. SECTION 5. All issues of stock and bonds under the Issue of stock provisions of this act shall be subject to approval and cer- approved by tification by the board of railroad commissioners, in the railroad commanner provided in chapter four hundred and sixty-two of the acts of the year eighteen hundred and ninety-four, relative to the issue of stock and bonds by railroad and street railway companies. struction to be SECTION 6. Said corporation may construct lines of System of conelevated railway according to the plans or systems shown approved by in the patents granted to Joe V. Meigs, or according to missioners. railroad com Locations. such other plans or systems, except the system now in use in New York, known as the Manhattan system, as the board of railroad commissioners may approve, upon the following locations, and may equip, maintain and operate engines and cars thereon, to wit: First. From a point on Main street, near Sullivan square, in that part of Boston called Charlestown, through and over Main street, to and through City square, to and through Warren avenue, to and over any existing bridge or over a new bridge across Charles river, to and through Beverly street, to and through Haymarket square, to and through Union street, to and through Dock square, to and through a new street which shall be built by said city, of the width of eighty feet, and one half of the cost of which shall be paid by said corporation, in the line of Congress street, between State street and Dock square, to and through Congress street and Post Office square, to and through Federal street, to and over Federal street bridge or a new bridge across Fort Point channel, to and through Dorchester avenue to the Milton line. (a) A branch railway through Alford street, to and over Malden bridge, to and through Main street, Everett, to the Malden line. (b) A branch railway from Everett square, to and through Chelsea and Ferry streets to the Malden line. (c) A branch railway from the junction of Broadway and Main street, Everett, to and through Broadway to the Malden line. (d) A branch railway from said City square to and through Chelsea street, to and over Chelsea bridge or a new bridge across the Mystic river, to and through Broadway, Chelsea, to and through Broadway, Revere, to and through Central avenue, to and through Beach street to Crescent Beach. (e) A branch railway from Fenno's Corner, Revere, to and through Beach street, to and through Winthrop avenue to Beachmont. (f) A branch railway from Dorchester avenue to and through West Broadway, to and through Dorchester street, to and through East Second street to City Point at Marine Park. Also a branch railway from Dorchester avenue to Sixth street, thence to D street, D street to Eighth street, Eighth street to L street, L street to Sixth street to City Point and Marine Park. (g) A branch railway from Field's Corner through Locations. Neponset avenue to Neponset bridge. Second. From a point on Bow street in Somerville, near its junction on Walnut street, through Bow street, to and through Union square, to and through Webster avenue, to and through Cambridge street, to and over Craigie bridge or a new bridge across Charles river to a point on Charles street between Allen and Poplar streets in Boston, through Charles street, to and through Leverett street, to and through Brighton street, to and through Lowell street, to and through Causeway street, to and through Portland street, to and through Merrimac street, to and through Washington street, to and through Dock square, to and through Devonshire street, to and through Franklin street, to and through Arch street, to and through Chauncy street, to and through Harrison avenue, to and through Kneeland street, to and through Washington street to its junction with Hyde Park avenue. (h) A branch railway from the junction of Washington and Warren streets, through Warren street, to and through Dudley street, to and through Blue Hill avenue to Vaughn street. Third. From a point in Brattle square in Cambridge, through Brattle square, to and through Mount Auburn street, to and through Putnam square and Putnam avenue, to and through Green street, to and through Western avenue or Central square, to and through Main street, to and over West Boston bridge, or a new bridge, or from a convenient point of deflection on Main street to and over a new bridge across the Charles river, to and through Charles street in Boston, to and through Park square, to and through Pleasant street, to and through Tremont street, to and through Pynchon street, to and through Center street to the corner of May street. (i) A branch railway from Park square to and through Columbus avenue, to and over the location of the Boston and Albany railroad, with the consent of the directors of the Boston and Albany Railroad Company at a height of not less than twenty feet above the road bed of said railroad, or by some other convenient route or way, to and through Huntington avenue, to and through Tremont street, to and through Washington street in Brookline to Village lane. (j) A branch railway from a point near the junction Locations. Location and plans to be approved, etc., before any work is done. Location, construction, etc., to servitude, etc. of River and Main streets in Cambridge, through River street, to and over Cambridge street bridge or a bridge across Charles river, to Cambridge street in that part of Boston called Brighton, to and through Cambridge street in said Brighton, to and through Washington street to Oak square. (k) A branch railway from Charles street, to and through Cambridge street, to and through Bowdoin square, to and through Court street, to and through Brattle street to Dock square. (1) A branch railway from Park square to and through Eliot street to Kneeland street. SECTION 7. Said corporation shall not do any work in any city or town until the streets through which its railway shall be laid in such city or town shall be approved by the mayor and aldermen of the city or the selectmen of the town, and shall not do any work on any new bridge aforesaid until the location thereof and the plans therefor shall be approved by the board of harbor and land commissioners, and said corporation may vary or alter the locations aforesaid within the limits of a city or town, with the approval of the mayor and aldermen of the city or the selectmen of the town, and may construct such branches, spurs, sidings, turnouts, connections, deflections, switches, extensions and loops in connection with any of its locations as may be authorized by the board of railroad commissioners. SECTION 8. The location, construction, maintenance or be an additional operation of said lines of railway in any public or private way shall be deemed an additional servitude and entitle lessees, mortgagees and other parties having an estate in such way or in premises which abut thereon, and who are damaged by reason of the location, construction, maintenance and operation of said lines of railway, to recover reasonable compensation in the manner herein provided. Any such person may at any time within three years after the construction of such railway upon or in front of his premises, file in the clerk's office of the superior court for the county where his said premises lie, a petition setting forth his claim and the amount thereof against said corporation. He shall give to said corporation fourteen days' notice of the filing of such petition, and answer thereto shall be filed by said corporation within thirty days after the return day of such notice. relative to SECTION 9. Any such petition shall be heard before Proceedings a jury, if either party claims such right at the time of the damages. filing of the petition or within ten days after the filing of the answer thereto; otherwise the same shall be heard before the court without a jury. The finding shall be on the following questions, to wit: First. Has the petitioner's estate been damaged more than it has been benefited or improved in value by reason of the location, construction, maintenance or operation of such railway? Second. If so, how much? If the answer to the first question shall be "No", a verdict shall be rendered for the corporation; otherwise a verdict shall be rendered for the petitioner for the amount found in answer to said second question, including interest from the day of the filing of the petition. stations at con SECTION 10. Said corporation may locate stations at May locate convenient points, with suitable exits and approaches to venient points. and from the streets and stations; but the same, except platforms and approaches thereto from buildings, shall not be located in any public way sixty feet or less in width, nor shall the same be located in any other public way or place unless approved by the mayor and aldermen or selectmen. Said SECTION 11. Said corporation may lease, purchase or Maytake certain otherwise take the fee of land, outside of limits of public lands, etc. ways, parks and other public lands, for the purpose of constructing its railway, buildings, shops, stations, engine and car houses, and for any purpose necessary for the construction or convenient use by said corporation or the public of its said railway, and for such purposes may take any private property in the manner in which land may be taken for the construction of railroads as set forth in sections ninety-five, ninety-six and ninety-seven of chapter one hundred and twelve of the Public Statutes. corporation shall pay all damages occasioned by the taking of such land or private property in accordance with the provisions of this section, and such damages on the application of either party shall be estimated and determined in the manner provided in reference to the assessment of damages occasioned by the laying out of highways. SECTION 12. Said corporation shall, upon the entry Payment of of judgment pursuant to findings upon the foregoing provisions of section nine, pay or tender to the judgment creditor the amount of such judgment with costs. If such payment or tender shall not be made within thirty days damages. |