—

EASTERN RAIL-ROAD CO. April 14, 1836. 925 county of Worcester, twice in each year, to wit.

On the first Thursday in June, and first Thursday in December, at such places in the town of Fitch- burg as the judge of probate in and for said county of Worcester shall see fit to appoint,

[Approved by the Governor, April 14, 1836.]

CHAP. CCXXXII.

An Act to establish the Eastern Rail-road Company.

oE it enacted by the Senate and House of Rep- resentatives, in General Court assembled, and by the

authority of the same, as follows :

Sec. 1. George Peabody, William H. Foster Persons incorpo. and Larkin Thorndike, their associates and succes- sors, are hereby made a corporation, by the name of

the Eastern Rail-road Company, with all the powers and privileges, and subject to all the duties, liabili-: ties and provisions contained in that part of the thirty-ninth chapter of the Revised Statutes, passed November the fourth, in the year one thousand eight hundred and thirty-five, which relates to rail-road corporations, and in the forty-fourth chapter of said

Revised Statutes ; and said corporation is hereby authorized and empowered to locate, construct and finally complete a rail-road from the city of to the boundary line between the Commonwealth of and the state of New Hampshire, on

or near the line next hereinafter described, viz :

Beginning at or near the land or wharf of the Lewis Route of raii- road. ;;

926 EASTERN RAIL-ROAD CO. April 14, 1836.

wharf company ; thence by steam boats, or other boats, over and across the ferry, to , so

called ; thence, through or near a depot of said cor- poration, to Decatur street in said East Boston thence, running parallel with, and distant about two hundred feet from Chelsea street, north, forty-nine degrees east, forty-three hundred and twenty feet thence westerly, about sixteen hundred feet, by a curve of eleven thousand four hundred and sixty feet

radius ; thence north, forty-one degrees east, ninety-

seven hundred and fifty feet, crossing the westerly

end of Bell Isle and Chelsea river, to the hill situate about half of a mile easterly of Chelsea meeting-

house ; thence easterly, about seven hundred feet, by a curve of eleven thousand four hundred and sixty

feet radius ; thence north, thirty-eight degrees east, seventeen thousand two hundred and twenty-eight Route. feet, to the left bank of , to a point

about three hundred yards from its mouth ; thence

easterly, about twenty-eight hundred and fifty feet, by a curve of fifty-seven hundred and thirty feet ra-

dius ; thence north, sixty-six degrees east, twelve

thousand five hundred and fifty feet, passing through Lynn, to a meadow south of Rufus Parrott's house thence westerly, about forty-six hundred feet, by a curve of fifty-seven hundred and thirty feet radius, passing near the house of Pickering Dodge, and near " the great oak," so called ; thence north, twenty- one degrees east, about five hundred ieet, to a point at or near the head of " big swamp," so called ; thence easterly, about twenty-one hundred and fifty feet, by a curve of fifty-seven hundred and thirty feet

radius ; thence north, forty-three degrees east, about sixteen hundred and sixty-five feet, across the " big

swamp," so called, to a point at or near an old dam; EASTERN RAIL-ROAD CO. April 14, 1836. 927

thence westerly, about nine hundred and forty-eight feet, by a curve of fifty-seven hundred and thirty

feet radius, crossing a small pond ; thence north, thirty-four degrees east, about fifty-six hundred and

eighty-nine feet, to a point at or near " Castle hill,''

so called ; thence easterly, about eleven hundred and fifty feet, by a curve of fifty-seven hundred and

thirty feet radius, into a meadow ; thence north, forty-five degrees east, about twelve hundred and one feet, to a point at or near the lead factory, so

called ; thence westerly, about twelve hundred feet, by a curve of fourteen hundred and thirty-two feet radius, to a point at or near a hill situate northerly of Harbor street ; thence north, two degrees west, about twenty-five hundred and seventy-three feet, to the southerly side of Forrester street in the city of

Salem ; thence easterly, about nine hundred and Route. twenty-five feet, by a curve of eleven hundred and forty-six feet radius, to a point at or near Northey street : thence north, forty-four degrees east, seven- teen hundred and sixteen feet, crossing Bridge street; thence westerly, about twelve hundred and fifty feet, by a curve of twenty-eight hundred and sixty-five

feet radius ; thence north, nineteen degrees east, about twenty-four hundred and seventy-two feet, to the left bank of the North river, at a point about five

hundred and fifty feet below Beverly bridge ; thence westerly, about ten hundred and fifty feet, by a curve of fifty-seven hundred and thirty feet radius, to a point distant about two hundred feet northerly

from the brick school-house in Beverly ; thence north, eight degrees east, about eleven thousand two hundred and thirty-four feet, to a point near the

house of J. Sheldon ; thence easterly, about fifty- two hundred feet, by a curve of seventeen thousand ;

928 EASTERN RAIL-ROAD CO. April 14, 1836.

one hundred and ninety feet radius, to a point at or

near a small pond ; thence north, twenty-seven de- grees east, about eleven thousand four hundred feet, to a point at or near the house of J. B. Dodge; thence easterly, about sixteen hundred and thirty- three feet, by a curve of eleven thousand four hun-

dred and sixty feet radius, to a swamp ; thence north, fifty-six degrees east, about ninety-eight hun- dred and eighty-five feet, to a point at or near the

house of J. and B. Appleton ; thence vvesterly, 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 east- erly, about eight hundred and thirty-three feet, by a curve of fifty-seven hundred and thirty feet radius. Route. iQ a point at or near a road ; thence north, thirty degrees east, about sixty-eight hundred and ninety- two feet, to a point at or near the house of G. Chap-

man, 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 Ipswicrh, Rowley and Newbury, and crossing Rowley, Parker and

Little Rivers ; thence easterly, about eighteen hun- dred and sixty-seven feet, by a curve of eleven thou-

sand four hundred and sixty feet radius ; thence north, eight degrees east, about forty-seven hundred and fifty feet, to Union street, in Newburyport EASTERN RAIL-ROAD CO. April 14, 1836. 929 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 exid 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, run- ning 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 eighty-six hundred feet, to a point at or near " Carr's corner;" thence westerly, about eight hun- Route. dred 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 Com- monwealth and the state of New Hampshire : pro- vided, nevertheless, that a part of the above described line may and shall be altered, if the inhabitants of the town of Newburyport shall so determine, at any legal meeting of said inhabitants, called for that pur- pose, in manner following, to wit : from a suitable point in Newbury, to the western end of the said

chain bridge across the ; which al- teration shall be made in such manner as the engineer of the said Eastern Rail-road Company shall deem most suitable to carry the line of said rail-road west of the jail in Newburyport, and across High street, passing through or near Winter street; and provided, also, that said corporation shall not be holden or required to construct their said rail-road on that part 117 :;

930 EASTERN RAIL-ROAD CO. April 14, 1836

of the above described line, between said Union street or Winter street, and the boundary line be- tween the said Commonwealth and said state of

New Hampshire, until they shall deem it expedient to do so.

Existing rights of Sec. 2. Nothinoj herein contained shall be con- not *-^ persons, &c. _ _ _ ^ impaired by this strucd to confirm, interrupt or impair the existmg rights of any corporation, person or persons, owning,

or interested in, any ferry, already established or li- censed, 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 appro- priated for the burial of the dead, without the con- sent of the inhabitants of the town where such en-

closure is situated. Amount of stock. gj,^,^ 3^ ^j-j^ 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 hy 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 es- tate, 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 merchandise.

Draws, piers, die. Sec. 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 EASTERN RAIL-ROAD CO. April 14, 1836. 931 also, a draw, not less than twenty-five feet in width, across Chelsea creek ; also, a bridge across , 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, re-

quire ; 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 accom- modation to vessels having occasion to pass through

the same, or either of them, by day or by night ; and if any such vess(3l shall be unreasonably de- Vessels not to be '^ •' detained unrea- _ _ tained, in passing either of said draws, by the neg- sonaWy. ligence 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 reason- able damages therefor, of said corporation, in an ac- tion 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 adap- ted to the travelling on said rail-road, nor by horses or other beasts not attached to such rail-road car- riages, nor by persons on foot, except by such per- sons, carriages, horses or other beasts, 'is may be m the immediate service of said corporation.

said rail-road, it shall Sec. 5. If, in constructing f;::tinrsaTem be necessary to remove, or alter any of the pipes or aqueduct?'' 932 EASTERN RAIL-ROAD CO. Jpril 14, 1836.

other works of the Salem and Danvers aqueduct corporation, in the city of Salem, the said rail-road company shall cause such removal or alteration to be

made, at their own expense, in such good and suffi- cient 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 con-

veyed ; and shall, from time to time, as may be ne- cessary, maintain the pipes and other constructions, made necessary by any such alterations or removals, in good and suffici(mt repair; and said rail-road com- pany shall be held to indemnify said aqueduct cor- poration for any loss, damage or expense, which they may sustain by reason of the removals or alte- rations aforesaid, or by any other interference of said rail-road, with the pipes or other works of said aqueduct corporation. Saicm and chei- Sec. 6. The Salem turnpike and Chelsea bridge sea turnpike ^ ® , . company may corporatiou mav subscribc for any amount, not ex- subscribe. ceeding one fourth part of the shares and capital

stock of said Eastern Rail-road Company : provi- ded, that the said Salem turnpike and Chelsea bridge corp^oration shall, within ninety days after the passing of this act, notify either of the three per-

sons 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 corpora- lion shall distribute the shares and capital stock, so subscribed for by them, among the stockholders, or otherwise dispose of the same, as the said corpora- tion, or the directors thereof, shall deem just and

expedient : provided, always, that the holders or proprietors of the shares, which may be taken as aforesaid, by the said Salem turnpike and Chelsea bridge corporation, shall hold the same, subject to EASTERN RAIL-ROAD CO. April 14, 1836. 933

all assessments and liabilities, and with the same privileges as are provided concerning the shares and capital stock in said rail-road company. Sec. 7. The capital stock of said rail-road cor- Time of compie- poration 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

subscribed for, and the corporation organized before

the first day of January, in the year one thousand

eight hundred and thirty-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.

Sec. 8. The legislature may, after the expira- Toils may be ai- ^^^^ ^ tion of five years from the time when this rail-road ture. 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 con- sent of the corporation, be so reduced as to produce with said profits less than ten per cent, per annum.

Sec. 9. The Commonwealth may authorize any Entrance of other

. lail-roads. , , ., , company to enter, with another rail-road, at any point of said Eastern 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, pre- scribe, and complying with such rules and regula- tions as may be established by the directors of said Eastern Rail-road.

[Approved by the Governor, April 14, 1836.]