shall be made at the sole expense of said corporation, and shall not be made unless the same is first assented to by the mayor and aldermen of said city. to maintain repair injury from its SECTION 4. Said corporation shall maintain and keep in Corporation repair such portions of the streets as shall be occupied by of streets, and be their tracks, and shall be liable for any loss or injury that liable for loss or any person may sustain by reason of carelessness, neglect or neglect. mismanagement of its agents and servants, in the construction, management or use of said railroad, and shall not in- Not to incumber cumber any portion of said streets which shall not be occupied streets. by their said railroad, switches and turnouts; and in case Liability in case any recovery shall be had against said city by reason of any against city for defect, want of repair or unauthorized obstructions, said neglect of corpocorporation shall be liable to refund the same, together with all reasonable costs and expenditures incurred in the defence of any suit or suits in which recovery shall be had. of recovery ration. SECTION 5. Said railroad shall be operated and used with Motive power. horse-power only; and the mayor and aldermen of said city speed and use of shall have power at all times to make all such regulations tracks. as to the rate of speed and mode of the use of the tracks, as the public convenience and safety may require. SECTION 6. If any person shall wilfully or maliciously obstructions obstruct the said corporation in the use of their said railroad punishable. or tracks, or the passing of the cars or carriages of said. corporation thereon, such person and all who shall be aiding Penalty. and abetting therein shall be punished by a fine not exceeding five hundred dollars, or may be imprisoned in the county jail for a period not exceeding three months. struction by cor SECTION 7. If said corporation or its agents or servants, Penalty for obshall wilfully obstruct any street or highway, or the passing poration. of any carriage over the same, such corporation shall be liable to a fine not exceeding five hundred dollars. Shares. SECTION 8. The capital stock of said corporation shall Capital. not exceed fifteen thousand dollars, to be divided into shares of one hundred dollars each; and no shares in the capital stock shall be issued for a less sum or amount to be actually paid in on each, than the par value of the shares which shall be first issued. SECTION 9. Said corporation shall have power to purchase Real estate. and hold such real estate within said city, as may be convenient and necessary for the purposes and management of said road. SECTION 10. Nothing in this act shall be construed to control of highprevent the authorities of said city from entering upon and ways by authori taking up any of the public streets traversed by said railroad, ties. Annual returns. Conditions of validity of act. Discontinuance and aldermen au thorized. for the purposes for which they may now lawfully take up the same. SECTION 11. Said corporation shall be deemed a railroad corporation so far as to be subject to make such annual returns to the legislature as are or may be required by law, but not to the other general provisions of law in relation to railroad corporations. SECTION 12. This act shall be void so far as relates to the right to construct said road, unless the same shall be accepted by the mayor and aldermen of said city, and unless the act shall be accepted by said corporation, and ten per cent. of the capital stock thereof shall be paid in; and unless the location of said road shall be filed before the first day of November, in the year eighteen hundred and sixtythree. SECTION 13. At any time after the expiration of one year of road by mayor from the opening for use of the tracks of said railroad in any streets in which the same may be located as provided by its charter, the mayor and aldermen of said city, may, by a vote of a major part thereof, discontinue the same; and thereupon the location shall be deemed to be revoked, and the tracks of said railroad shall forthwith be taken up and removed, in conformity with the vote or order of said mayor and aldermen provided, that such taking up and removal shall be at the expense of said railroad corporation. Chap. 16. Location of tracks. Location in Melrose. Route defined. Approved January 31, 1861. AN ACT CONCERNING THE CLIFTONDALE RAILROAD COMPANY. Be it enacted, &c., as follows: SECTION 1. The selectmen of the several towns in which the Cliftondale Railroad Company was, by the act of its incorporation, authorized to construct its railroad, and the mayor and aldermen of the city of Lynn, are hereby authorized to locate the tracks of the railroad of said company upon and over such of the streets and highways within their respective corporations, as they may respectively from time to time determine, with the assent in writing of said company. SECTION 2. The selectmen of the town of Melrose are hereby authorized to locate the tracks of said company upon and over such portion of the highway in said town known as the old Boston and Newburyport Turnpike, as they may determine, with the assent in writing of said company. SECTION 3. Said company is hereby authorized to construct, maintain and use their railroad from some convenient point upon the highway known as the old Boston and Newburyport Turnpike, to some point in Melrose near Swain's Pond: provided, that it shall not be constructed upon any Proviso. made. strictions. how SECTION 4. All locations made under the provisions of Locations, this act, shall be made in all respects in pursuance of the provisions of the act by which said company was incorporated, and of the act in addition thereto, passed in the year one thousand eight hundred and sixty; and said company Privileges and reis hereby authorized to construct, maintain and use their railroad located in pursuance of this act, upon and over the streets and highways of said towns and city, and upon and over such land outside of the streets and highways in said towns, as said company may determine; with the same. powers and privileges, and subject to the same duties, liabilities and restrictions, as if the same had been located and constructed under the authority of the act by which said company was incorporated, and the act in addition thereto, passed in the year one thousand eight hundred and sixty. SECTION 5. The bonds which said company was author- Bonds, ized to issue by the ninth section of the act by which it was incorporated, may be issued in sums of one hundred dollars each; and it is hereby declared to be the intention of said Sinking fund, insection to authorize the trustees of the sinking fund to invest said fund or any portion thereof in the bonds of said company. SECTION 6. This act shall be void so far as relates to the AN ACT TO CONTINUE IN FORCE AN ACT TO INCORPORATE THE Be it enacted, &c., as follows: denomination defined. vestment of. Act to be void unless accepted. Chap. 17. acts in addition, to remain in The statute of the year one thousand eight hundred and Act of 1833 and thirty-three, incorporating the Weymouth and Braintree Mutual Fire Insurance Company, and the several acts in force. addition thereto, shall be continued and remain in force from and after the twentieth day of February, one thousand eight hundred and sixty-one; and said company shall have Privileges and reall the powers and privileges, and be subject to all the duties, restrictions and liabilities, set forth in the general laws in relation to insurance companies, which have been or may hereafter be enacted. Approved January 31, 1861. strictions. Limitation tal repealed. for AN ACT CONCERNING THE WINNISIMMET RAILROAD. SECTION 1. The Winnisimmet Railroad Company is hereby authorized to run its cars over the Winnisimmet Ferry, and the passage-ways leading thereto, and belonging to said ferry; and for that purpose may construct, maintain and use tracks, switches and turnouts, with the necessary appurtenances, upon and over the boats, drops and passageways, belonging to the Winnisimmet Ferry Company, for such rates of compensation as may be mutually agreed upon by said companies; and in case of disagreement between said companies, as to such rates of compensation, the same shall be fixed by three commissioners, to be appointed by the supreme judicial court. SECTION 2. This act shall take effect upon its passage. Approved January 31, 1861. AN ACT RELATING TO THE SPRINGFIELD FIRE AND MARINE INSUR- Be it enacted, &c., as follows: So much of the first section of chapter eleven of the acts Payment of capi- of eighteen hundred and fifty-nine, as requires the increase of the capital stock of the Springfield Fire and Marine Insurance Company, thereby authorized, to be paid in within two years from the passage of said act, is hereby repealed. Approved January 31, 1861. Chap. 20. Appropriations for 1861. Lieutenant-governor and council. Senators' mileage. Compensation. AN ACT MAKING APPROPRIATIONS FOR THE MILEAGE AND COMPEN- SECTION 1. The sums hereinafter mentioned, are appropriated, and shall be allowed and paid out of the treasury of this Commonwealth, from the ordinary revenue, upon the warrants of the governor, for the purposes specified, to meet the expenses for the mileage and compensation of the lieutenant-governor and council, officers and members of the legislature at the present session thereof, and for other purposes, to wit: For the mileage and compensation of the lieutenant-governor and council, a sum not exceeding eight thousand dollars. For the mileage of senators, a sum not exceeding four hundred dollars. For the compensation of senators, a sum not exceeding twelve thousand three hundred dollars. For the mileage of representatives, a sum not exceeding Representatives' two thousand three hundred dollars. mileage. For the compensation of representatives, a sum not exceed- Compensation. ing seventy-two thousand four hundred dollars. mittee compensa tion. For the compensation of the valuation committee, appointed Valuation comto sit during the recess of the legislature of the year eighteen hundred and sixty, a sum not exceeding two thousand six hundred dollars, the same to be in addition to any former appropriation. For the salaries of the clerks of the senate and house of Clerks senate and representatives, including the compensation of such assistants house, salaries. as they may appoint, four thousand dollars. For the salaries of the chaplains of the senate and house Chaplains' salaof representatives, four hundred dollars. ries. For fees of witnesses summoned before committees, in Witness fees. accordance with the provisions of the General Statutes, chapter one hundred and fifty-seven, and of the acts of the year eighteen hundred and sixty, chapter forty-one, a sum not exceeding five hundred dollars. For the compensation of the preacher of the election Preacher election sermon, one hundred dollars. sermon. ate. For stationery for the senate, purchased by the clerk of the Stationery, sensenate, a sum not exceeding one thousand one hundred dollars. For stationery for the house of representatives, purchased House of repreby the clerk of the house of representatives, a sum not exceeding two thousand dollars. sentatives. For compensation of the private secretary of the governor, Private secretary a sum not exceeding fourteen hundred dollars. of governor. For the compensation of the messenger to the governor Messenger of govand council, eight hundred dollars. ernor. arms. For the compensation of the assistant-messenger to the Assistant governor and council, three hundred and sixty-five dollars. senger. For the salary of the sergeant-at-arms, two thousand dollars. Sergeant-atFor the compensation of the door-keepers, messengers Door-keepers, and pages of the senate and house of representatives, and of messengers, such watchmen and firemen as may be employed in the state and firemen. house, a sum not exceeding eight thousand eight hundred dollars. mes pages, watchmen For the authorized expenses of committees of the legis- Committees' exlature, a sum not exceeding three hundred dollars. SECTION 2. This act shall take effect upon its passage. penses. Chap. 21. AN ACT MAKING AN APPROPRIATION FOR AN EMERGENCY FUnd. Be it enacted, &c., as follows: SECTION 1. There is hereby appropriated the sum of one Appropriation of hundred thousand dollars, to be designated as the Emergency lic service. $100,000 for pub |