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shall not be nearer to each other than six feet in the direc-
tion of the stream, and eight feet in a transverse direction,
and that this act shall in no wise impair the legal rights of
any persons or corporations whatever.
May 2, 1849.

[1837, 229; 1840, 35; 1841, 60; 1847, 234, 278; 1848, 314.]

AN ACT to preserve that part of the Harbor of Boston, called Chelsea Chap. 204 Creek, and to prevent Encroachments therein.

Be it enacted, &c., as follows :

to be extended.

SECTION 1. In that part of the harbor of Boston, lying Lines in Chelsea Creek, beyond between East Boston and Chelsea, and known as Chelsea which no wharf Creek, the lines hereinafter described, which are the same lines reported by the commissioners, authorized by a resolve of the general court, passed on the tenth day of May, in the year one thousand eight hundred and forty-eight, "to define upon a plan or plans, such lines," in said part of said harbor, "as they shall think expedient to establish, beyond which not wharves or other structure shall be extended into and over the tide waters of the Commonwealth," and by them drawn and defined upon certain plans taken by them and deposited in the library, are hereby established as the lines beyond which no wharf or pier shall ever hereafter be extended into or over the tide water of said part of said harbor.

ton side.

SECTION 2. The line on the East Boston side of said Line on East Boscreek, commences at a point on the westerly side of East Boston, which point is the northerly terminus of the commissioners' line heretofore established round East Boston, said point being denoted by the letter A on said plans,— thence running north-easterly from said point, about five hundred and thirty-eight feet, to a point marked B, fixed at the distance of nine hundred and fifty-six feet from the intersection of the easterly line of Meridian Street, and the northerly line of Condor Street, measuring in a right line, north-westerly from said intersection, at an angle of one hundred and forty degrees with the northerly side of said Condor Street; thence again north-easterly, about nine hundred and ninety-six feet, to a point marked C, situate eleven hundred and forty-seven feet from the northerly side of Condor Street, measuring northerly, and at right angles thereto, and from a point one hundred and eighteen feet and nine inches easterly from the intersection of the easterly line of Meridian Street, and northerly line of Condor Street; thence easterly about four hundred and five feet, to a point marked D, situate one thousand and seventy-two feet from the northerly side of Condor Street, measuring northerly, and at right angles thereto, from a point in said side of said street, nineteen hundred and twenty feet westerly from the intersection therewith of the easterly side of Knox Street;

Line on Chelsea side.

thence again easterly, about seven hundred and fifty-three feet, to a point marked E, situate eight hundred and fortytwo feet from the northerly side of Condor Street, measuring northerly, and at right angles thereto, from a point in said side of said street twelve hundred feet westerly from the intersection therewith of the easterly side of Knox Street; thence again easterly, about thirteen hundred and fifteen feet, to a point marked F, being the north-westerly corner of the westerly pier of the Glendon Rolling Mill Company's Wharf, said corner being at the distance of eight hundred and sixty feet from the northerly side of Eagle Street, measuring northerly, and at right angles thereto; thence again, easterly, by the face of the two piers of said wharf, about two hundred and seventy-two feet, to the point marked G, being the north-easterly corner of the easterly pier of said wharf; thence again, easterly, about four hundred and sixty feet to a point marked H, situate eight hundred and fourteen feet from the northerly side of Eagle Street, measuring northerly, and at right angles thereto, from a point in said side of said street four hundred and sixty feet westerly, from the intersection therewith of the westerly side of Chelsea Street; thence north-easterly about four hundred and fifteen feet to a point marked I, situate six hundred and eighty-five feet from the westerly side of Chelsea Street, measuring north-westerly, and at right angles thereto, from a point in said side of said street, six hundred and eightyfive feet northerly from the intersection therewith of the northerly side of Eagle Street; thence north-easterly again, about one thousand and fifteen feet to a point marked K, on the west side of Chelsea Free Bridge, said point being one hundred and fifty-eight feet northerly, from the face of the south abutment of said bridge.

The line on the Chelsea side of said creek commences at a point on the west side of Chelsea Free Bridge, situate two hundred and two feet southerly, from the intersection of the same with the southerly line of Marginal Street, in the town of Chelsea, said point being marked L, on the plan; thence running south-westerly about nine hundred and fifty-five feet to a point marked M, situate three hundred and six feet from the south line of Marginal Street, measuring southerly, and at right angles thereto, from a point in said. side of said street, fifteen feet easterly from the first bend therein, west of Chelsea Free Bridge aforesaid; thence again, south-westerly, about three hundred and seventeen feet to a point marked N, situate three hundred and ninetyfour feet from the southerly side of Marginal Street, measuring southerly, and at right angles thereto, from a point in said side of said street, sixty feet westerly from the afore

mentioned bend therein; thence westerly, about three hundred and eighty-six feet, to a point marked O, situate four hundred and fifty-five feet from the southerly side of Marginal Street, measuring southerly, and at right angles thereto, from a point in said side of said street, four hundred and forty feet westerly from the aforementioned bend therein; thence again, westerly, about two hundred and ten feet, to a point marked P, being the south-westerly corner of the Glendon Rolling Mills Company's Pier, on the Chelsea Flats, situate in the division line of the Winnisimmet Company's water lots, numbered twenty-one and twenty-two, and four hundred and sixty-five feet from the southerly side of Marginal Street measuring southerly and at right angles thereto; thence again westerly, about thirteen hundred and thirty feet, to a point marked Q, situate in the division line between Austin & Carruth's Wharves, and two hundred and forty-eight feet, from the southerly side of Marginal Street, measuring southerly and at right angles thereto; thence again, westerly, about seven hundred and forty feet, to a point marked R, situate in the line of the southerly side of Hawes' Wharf continued and three hundred feet from the southerly side of Marginal Street, measuring southerly and at right angles thereto; thence again, westerly, about six hundred and thirty-three feet, to a point marked S, situate four hundred and five feet from the southerly side of Marginal Street, measuring southerly, in the line of the easterly side of the Winnisimmet Company's solid wharf; thence south-westerly, about four hundred and eighty-five feet, to a point marked T, being the south-easterly corner of the small pier of the Winnisimmet Company, on the easterly side of their ferry slip; thence again south-westerly, about sixty fect to a point marked U, being the southerly extremity of the easterly line of spring piling of the aforesaid ferry slip; thence westerly across the mouth of said slip about one hundred and twelve feet to a point marked V, being the southerly extremity of the westerly line of the spring piling of said ferry slip, and situate two hundred and twenty feet south-westerly from the intersection of the Winnisimmet Company's existing sea-wall, on the westerly side of the aforesaid ferry slip, with the continuation of the west side. of Winnisimmet Street, measuring in the line of said continuation; thence south-westerly about eight hundred feet to a dolphin driven into the flats and marked W, situate. eight hundred feet from the easterly side of Chelsea Toll Bridge, measuring easterly, and at right angles thereto, from a point in said side of said bridge four hundred and ten feet south of the north abutment of said bridge.

This company may connect

R. R., &c.

through the extent named, with all the powers and privileges, and subject to all the duties and liabilities, herein before mentioned.

SECTION 5. The Waltham and Watertown Branch Railwith Fitchburg road Company is hereby authorized to enter upon and unite their railroad, by proper turn-outs and switches, with the main road of the Fitchburg Railroad Company, and also with the Waltham and Newton Branch Railroad; or, in case the branch railroad, last named, shall not be located and constructed as aforesaid, or, in case of a transfer and surrender, as provided in the preceding section, then with the Watertown Branch Railroad; and to use said main railroad, and one or both of said branches, or any part thereof, agreeably to the provisions of law.

Capital stock.

personal.

SECTION 6. The capital stock of the company hereby established shall consist of not more than one thousand shares, the number of which shall, from time to time, be determined by the directors of said company; and no assessment shall be laid thereon of a greater amount, in the Estate, real and whole, than one hundred dollars on each share; and said company may invest and hold such part thereof, in real and personal estate, as may be necessary and convenient Value of shares. for the purposes of their incorporation. All the shares in the capital stock of said corporation shall be issued for the same value or amount, to be actually paid in on each; and if said branch railroad shall be built by the Fitchburg Railroad Company, as hereby provided, then no shares shall be issued for a less amount, to be actually paid in on each, than the par value of the shares in the present capital stock of the Fitchburg Railroad Company.

Location.
Completion.

Other companies may be author

road.

SECTION 7. If the location of the railroad, herein granted, shall not be filed within two years, and if the railroad shall not be constructed within three years from the passage of this act, this act shall be void.

SECTION 8. The general court may authorize any comized to use this pany to enter, with another railroad, upon, and to use said Waltham and Watertown Branch Railroad, or any part thereof, by complying with such reasonable rules and regulations as the said Waltham and Watertown Branch Railroad Company may prescribe, or as may be determined according to the provisions of law.

Tolls may be reduced after five years.

SECTION 9. The general court may, from time to time, after the expiration of five years from the time when said Waltham and Watertown Branch Railroad shall be opened for use, alter and reduce the rate of toll or profits upon said road; but said toll shall not be so reduced, without the consent of said company, as to yield, with said profits, to

the stockholders thereof, less than ten per cent. per annum, upon the investment of said company.

be accepted by

Co.

SECTION 10. The Fitchburg Railroad Company may, by This charter may a vote at a meeting of the stockholders, specially convened Fitchburg R. R. for that purpose, within two years from the passage of this act, and at any time before the filing of the location of the railroad hereby established, accept the charter hereby granted; and, in that case, may locate, construct, and maintain, said railroad, and shall succeed to, hold, and enjoy, all the franchise, rights, and privileges, hereby con- Duties in that ferred, and shall be subject to all the duties, restrictions, and liabilities, hereby imposed, and may increase their capital stock to the extent hereby authorized, which increase of capital stock shall be used for building said branch; and, upon such acceptance, the rights of the corporators first named shall cease and determine.

case.

SECTION 11. The Waltham and Watertown Branch Rail- This company may transfer, road Company, at any time subsequent to the filing of their &c., to Fitchlocation, as before mentioned, is hereby authorized and burg R. R. Co. empowered to transfer all its property, rights, privileges, and franchise, under this act, to the Fitchburg Railroad Company; and said last named company is hereby authorized to receive and hold the same, whenever a majority, in interest, of the stockholders of the two corporations, respectively, at meetings specially called for such purposes, shall elect so to do; and, in case of such transfer and acceptance, the Fitchburg Railroad Company may increase their capital stock to the amount above named, which increase of capital stock shall be used for purchasing said branch road.

[1851, 72.]

May 2, 1849.

AN ACT to incorporate the Boston and Vermont Telegraph Company. Chap. 224 Be it enacted, &c., as follows:

lines of tele

SECTION 1. Benjamin P. Cheney, James C. Dunn, and Corporators. William Warner, their associates and successors, are hereby made a corporation, by the name of the Boston and Vermont Telegraph Company, for the purpose of constructing To construct and using lines of telegraph within this Commonwealth, graph. to connect with lines of telegraph which may belong to the Vermont and Boston Telegraph Company, a company incorporated by the authority of the state of Vermont, in the year one thousand eight hundred and forty-eight. Said Powers and Boston and Vermont Telegraph Company shall have all the powers and privileges, and be subject to all the duties, restrictions, and liabilities, set forth in the forty-fourth chapter of the Revised Statutes.

duties.

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