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COMMONWEALTH OF MASSACHUSETTS.
In the year one thousand eight hundred and fifty-seven.
Concerning the Broadway Railroad Company.
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows,
SECTION 1. The mayor and aldermen of the City of Boston are hereby authorized to extend the location of the tracks of the Broadway Railroad Company, upon and over such streets within said city as may be determined by them, with the assent, in writing, of said Company: and the Broadway Railroad Company are hereby authorized to construct, maintain and use such tracks as may be located as above, with the same powers and privileges, and subject to the same duties, liabilities and restrictions, in relation thereto, as if they had been authorized to be located by the act by which said Company was incorporated: and the said Company shall have the right to use and run over, with their cars and horses, the tracks now laid, or which may hereafter be laid by the Dorchester Avenue Railroad Company, within the City of Boston, excepting that part of the track of the Dorchester Avenue Railroad Company now laid south of Fourth strcet; paying to the Dorchester Avenue Railroad Company a reasonable amount for the use thereof, such amount, in case of dispute, to be ascertained and determined, from time to time, by Commissioners appointed by the Supreme Judicial Court.
SECT. 2. And for the purposes of conveying passengers to and from South Boston, the Broadway Railroad Company may connect with the road of any other Company besides the Dorchester Avenue Railroad Company, with which the Board of Aldermen of the City of Boston may authorize it to connect. And in case any such connection shall be made, and the Broadway Railroad Company shall be unable to agree with the Company owning the road connected with, as to the mode of connection, and the manner, time and extent of use of the last named road by the Broadway Railroad Company, and the compensation to be paid by the Broadway Railroad Company for such use, then the Supreme Judicial Court, upon the petition of either party and upon notice to the other party, shall appoint three Commissioners, who shall, upon due notice to the parties interested, proceed and determine all matters relating to such connection and use, and the compensation to be paid therefor, not agreed upon by said corporations; and in regulating such connection and use, the Commissioners shall have reference to the interests of said corporations and of the public accommodated by said roads : and the award of said 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, to be appointed by the said Court, upon application and in manner aforesaid; but no such revi. sion or alteration shall be made by any Commissioners to be appointed as aforesaid, within one year after such decision and award shall have been made, unless said court shall be of opinion that such a revision may be sooner required or advisable.
SECT. 3. The compensation of said commissioners for their services and expenses shall be paid by the respective corporations interested therein, in equal proportions.
SECT. 4. The said Broadway Railroad Company shall have the right, with the consent of three-quarters of the stockholders in number and value, at all times to purchase of or to sell to any other company, chartered for a similar purpose, all or any part of the tracks which may be hereafter laid by it or any other such company, under the provisions of their charters; and such purchase or sale shall transfer all the corporate rights and rights of location, which may per. tain to the tracks so purchased or sold.
SECT. 5. This act shall be void, unless the same shall be accepted by the City Council of Boston, within one year from the passage thereof.
SECT. 6. This act shall take effect from and after its
House of Representatives, May 21, 1857. Passed to be enacted.
Secretary's Office, May 25, 1857. A true copy. Attest.
FRANCIS DE WITT,
Secretary of the Commonwealth.
CITY OF BOSTON.
In Common Council, June 25, 1857. The Joint Special Committee to whom was referred the petition of J. C. Gipson, for the acceptance of the Broadway Railroad Charter of 1857, report the accompanying order.
For the Committee,
FREEMAN M. JOSSELYN, JR.
ORDERED : That an Act of the Massachusetts Legislature, entitled an “Act concerning the Broadway Railroad Company," approved March 23, 1857, be and the same is hereby accepted.
In Common Council, June 25, 1857. Passed. Sent up for concurrence.
OLIVER STEVENS, President.