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HOUSE No. 804. Commomocaltl) oi iilassacljusctts. House of Representatives, May 81, 1894. I he committee on Finance, to whom was referred the Bill to incorporate the Boston Elevated Railroad Company, rej )rt that it ought to pass in a new draft herewith sub- mitt ed. For the Committee HENRY Y. SIMPSON. 9 BOSTON ELEVATED RAILWAY CO. [May Commomumitl) in iUaesacljusctts, In the Year One Thousand Eight Hundred and Ninety-four. AN ACT To incorporate the Boston Elevated Railway Com- pany. / House of Hi (I ( m y 'horitv of th same, as J 1 Section 1. Joe AC Meigs, Thomas AV. Hyde, 2 AYillard Howland, Theodore AV. Alyers, Joseph 11. 3 O’jSTeil,Fred C. Patch, Charles A. AVhittier, Abram 4 S. Hewitt, Samuel AI. Roosevelt, William S. Butler, 5 George 11. Towle, AVilliara Spalding and Herman 6 Haupt, their associates and successors, are hereby 7 made a corporation by the name of “ Boston Ele- -8 vated Railway Company,” with all the privileges 9 and subject to all the duties set forth in all general 10 laws which now are or may hereafter be in force 11 relating to railroad corporations, so far as applica- -12 ble, except as hereinafter provided, but said corpo- -13 ration shall not be obliged to transport freight or 14 baggage. 1894 HOUSE —No. 864. 1 Sect. 2. The capital stock of said Boston 2 Elevated Railway Company shall be not less than 3 ten million dollars, divided into shares of one 4 hundred dollars each. The capital may be in- 5 creased from time to ti ne by vote of the directors 6 of said corporation to an amount not exceeding 7 twenty million dollars in all. Sections thirteen, 8 sixteen and seventeen T chapter one hundred and 9 thirteen of the Public Statutes shall apply to the 10 issuance of such capit ill stock. Said corporation 11 may issue coupon or r sgistered bonds. The first 12 mortgage bonds of i :aid corporation shall not IB exceed in the aggreg ite the sum of twenty mil- 14 lion dollars. It may issue its bonds to provide 15 means for construction and equipment, and for 16 funding its floating debt, and for the purchase of 17 such real or personal estate as may be necessary 18 or convenient for the operation of its road, and in 19 payment of any debt of said corporation. It may 20 mortgage or pledge as security for the payment of 21 its bonds, its franchise and any or all of its real 22 or personal property, ind property to be there- 28 after acquired by it. 24 The company shall not apply the proceeds of 25 its bonds to any other purpose than those herein 26 specified, and may be enjoined from so doing by 27 any justice of the supreme judicial or superior 28 courts upon application of any party interested. 1 Sect. 3. Said corporation may locate, con- -2 struct, equip, maintain and operate lines of the 3 Meigs system of elevated railway upon the sev- 4 BOSTON ELEVATED RAILWAY CO May, 4 eral streets, highways, places and routes herein 5 designated and fixed, to wit: 6 First, commencing at a point on Main street in 7 or near Sullivan square and thence running 8 through and over Sullivan square, over Main 9 street to and through City square, to and through 10 Warren avenue, to and through and near or over 11 Warren bridge crossing Charles river, to and 12 through Beverly street, and through Causeway 13 street, to and through Canal street, to and through 14 Haymarket square, to and through Washington 15 street, to and through Adams square, to and 16 through Devonshire street, to and through State 17 street, to and through Congress street, to and 18 through Post Office square, to and through Milk 19 street, to and through Federal street, to and 20 through, over, on or near Federal street bridge, 21 across Fort Point channel, to and through Dor- -22 Chester avenue, to and through West Broadway, 23 to and through Dorchester street, to and through 24 East Second street, to City Point at Marine Park; 25 with a branch line commencing at City square at 26 the junction of Warren avenue in Charlestown 27 district, thence via City square to and through 28 Chelsea street, to and through, near or over Chel- -29 sea bridge across the Mystic river, to and through 30 Broadway, Chelsea, to the Revere line; also a 31 branch commencing at Dorchester avenue and 32 West Broadway, and running through Dorches- -13 ter avenue to the Milton line. 34 Second, commencing at a point on Bow street 35 in Somerville, near its junction Avith Walnut 1894. HOUSE —No. 864. 36 street, thence over Bow street, to and through 37 Union square, to and through Webster avenue, to 38 and through Cambridge street, to and across 39 Craigie bridge or across Charles river under the 40 supervision of the board of harbor and land com- -41 missioners upon a new bridge near the foot of 42 Bent street to a point on Charles river embank- -43 ment, between Allen and Poplar streets in Bos- -44 ton, thence across Charlesbank, to and through 45 Charles street to Leverett street, through Lev- -46 erett street, to and through Brighton street, to 47 and through Lowell street to Causeway street, 48 through Causeway street, to and through Port- -49 land street, to and through Merrimac street, to 50 and through Washington street, to and through 51 Adams square, to and through Washington 52 street to its junction with Hyde Park avenue; 53 with a branch line starting from the junction of 54 Washington and Warren streets and running 55 through Warren street, to and through Blue Hill 56 avenue to Vaughan street. 57 Third, commencing at a point in Brattle square 58 in Cambridge, thence running through Brattle 59 square, to and through Harvard street, to and 60 through Main street, near Harvard square, to and 61 across the Charles river via West Boston bridge, 62 at or near or parallel to it, to Cambridge street in 63 Boston, or by the most convenient route from the 64 point of deflection from Main street, to and 65 across a new bridge as hereinbefore provided, to 66 Boston, and from said bridge across Charles- -67 bank, to and through Charles Street to Cam- BOSTON ELEVATED RAILWAY CO. [May, 68 bridge street, and thence along Cambridge street 69 to and through BoWdoin square, to and through TO Court street to Hanover street, to and through 71 Court street or Scollay square, to and through 72 Tremont row, to and through Treraont street, i o to and through Pynchon street, to and through 7 4 Centre street to the corner of May street; with t o a branch from the junction of Tremont and Boyl- 76 ston streets, through Boylston street, to Berkeley 11 street, through Berkeley street to Saint James’ 78 avenue, through Saint James’ avenue to Hunt- 79 ington avenue, and through Huntington avenue, 80 to and through Tremont street and Washington 81 street, to Village lane in the town of Brookline; 89, together with a branch or spur commencing at or 83 near the junction of River and Main streets in 84 Cambridge aforesaid, and running thence along 85 River street to Cambridge street bridge, thence 8G across the Charles river over said Cambridge 87 street bridge or over a bridge to lie constructed 88 near the same, to Cambridge street in Boston, 89 thence through Cambridge street and Washing- 90 ton street to Oak square in that part of Boston 91 called Brighton. 92 Together with such spurs, branches, sidings 93 turnouts, connections, deflections, switches, exten- 94 sions and loops in connection with any of the 95 aforesaid lines as may be authorized by the rail 96 road commissioners. The locations aforesaid may 97 be varied or altered within the limits of any city 98 or town by a written agreement signed by said 99 railway company and a majority of the members 1894.1 HOUSE —No. 864. 100 of the board of aldermen of such city or a major- -101 ity of the selectmen of such town. None of the 102 foregoing locations hall be considered as per 100 manently fixed until they shall have first been 104 approved by a majority of the mayor and 105 aldermen of the city or a majority of the select- -100 men of the town wherein are such locations. 107 A certificate duly signed by said Boston Ele- 10S vated Railway Company, and a majority of the 109 mayor and aldermen of a city or a majority of 110 the selectmen of a town, setting forth the loca- -111 tions agreed upon in such city or town, and filed 112 with the secretary of the Commonwealth, shall 113 be conclusive evidence of the permanent locations 114 of the lines of railway of said corporation, and 115 of the right of the corporation to commence the 115 work of construction thereon. 1 Sect. 4. The location, construction, mainten 2 ance and operation o fid lines of railway in any 3 public way shall entith parties having an estate in 4 such way or in riremise ; which abut thereon, and 5 who are damaged more nan they shall be hem 6 fited by reason of t ion, construction 7 maintenance and operation of said lines of rail- -8 way, to recover reasonable compensation in tin 9 manner herein provided Any such person may 10 at any lime within three years after the construe 11 tion of such railway upon or in front of his 12 premises, file in the cle k’s office of the superior 13 court for the county where his said premisei 14 lie, a petition, setting forth his claim and Hie BOSTON ELEVATED RAILWAY CO May, 15 amount thereof against said corporation, together 16 with his estimate of the fair market value of said 17 premises.