continue to hold such surplus income, and appropriate the AN ACT TO INCORPORATE THE QUINCY RAILROAD COMPANY. Be it enacted, &c., as follows: Chap. 48. SECTION 1. William S. Morton, John J. Glover and Corporators. Robert B. Leuchars, their associates and successors, are hereby made a corporation by the name and title of the Title. Quincy Railroad Company, with power to construct, main- Powers. tain and use a railway or railways, with convenient single or double tracks with suitable turnouts, from such point or Location. points in the town of Quincy, upon and over the streets or highways therein, to the line separating said town from the town of Dorchester, as shall, from time to time, be fixed by vote of the selectmen of said town, and assented to in writing by said corporation, and thence upon and over either side of the Neponset Turnpike, so called, with authority to pass over such creeks and streams as their road traverses, by suitable bridges, when needed, and thence upon and over the Neponset Bridge, and such streets and highways in said town of Dorchester, as shall, from time to time, be fixed by vote of the selectmen of said town of Dorchester, and assented to by said corporation in writing, so as to connect with the Connection. Dorchester Avenue Railroad at Glover's Corner or Field's Corner, so called, at such points as may be agreed on in writing by said two railroad companies, and assented to by the selectmen of said last named town: provided, that all Provisos. tracks of said Quincy Railroad shall be laid at such distances from the sidewalks in said towns as the selectmen of said towns shall, in their orders fixing the route of said railroad, respectively, determine to be for the public safety and convenience: provided, further, that before the location and construction of any track in any of said streets or highways, the selectmen of said towns, respectively, shall give notice to the abutters thereon, fourteen days at least before the hearing, that they may show cause, if any there be, why said tracks shall not be so located and constructed. Over SECTION 2. The location of said railroad over said Nepon- Location set Bridge, and the manner in which the same shall be built, Neponset Bridge. and the construction of a draw or draws in said bridge, and the mode in which the same shall be tended, managed and opened, for the passage of vessels and the maintenance of that portion of said bridge on which said railroad is located Connection with Dorchester Avenue or other road. Disagreement, how adjusted. City and town au thorities, rights and runs, shall be subject to the approval of the county commissioners of the county of Norfolk, while the said bridge continues to be a county road. SECTION 3. The said Quincy Railroad Company shall have the right at the points of connection with the said Dorchester Avenue Horse Railroad, to enter upon and travel over with their cars and vehicles, the tracks of the said Dorchester Avenue Railroad, and any other railroad now connecting therewith in the city of Boston, upon terms to be agreed on in writing, by the respective companies interested; and in case of disagreement as to the mode of connection, or the manner, time or extent of use of said railways, respectively, or the compensation to be paid therefor, the same shall be adjusted and determined by three commissioners, to be appointed by the supreme judicial court upon petition of either of the parties interested; and the compensation of all commissioners appointed by said court, shall be paid by the parties in interest in equal shares. SECTION 4. Nothing in this act shall be construed to of not impaired. prevent the lawful authorities in said towns or city from taking up any of the streets or highways traversed by said railroad or its cars, for the purposes for which they may now lawfully take up the same. Motive power, speed, and use of track. Real and personal estate. Rates of fare, etc. SECTION 5. Said railroad shall be operated by horsepower only, and the selectmen of the said towns and the mayor and aldermen of said city, may at all times make such regulations as to the rate of speed and mode of use of the tracks laid or used by said Quincy Railroad within their respective highways and streets, as they may deem best for the public safety and convenience; and they shall also respectively have the power at any time after the expiration of one year from the opening of said railway for use, upon any street or highway on which the same may be located under this act, to order that the whole or any part thereof shall be discontinued, and thereupon, as to such part, the location shall be deemed to be revoked; and the tracks of said railway shall thereupon forthwith be removed, in conformity with such order, at the expense of said Quincy Railroad Company. SECTION 6. Said Quincy Railroad Company is hereby authorized to purchase and hold such real and personal estate within said towns and city, as may be needful or convenient for the purposes of its railroad; and also to fix from time to time such rates of compensation for transportation of persons or property, as they think expedient; and shall be subject to all general laws which have been or may hereafter be enacted relating to horse railroads. SECTION 7. Said Quincy Railroad Company shall main- Repairs of hightain and keep in repair such portion of the streets and ways, etc. highways in said towns, and of said Neponset Bridge, and of any other bridge, as shall be used for its tracks, and shall from neglect, etc. towns, to etc., in case of recovery. not incumber any other portion thereof; and shall be liable Liable for injury for any loss or injury that may be sustained by reason of any carelessness, neglect or misconduct of its agents or servants in the construction, management or use of said railway, streets and bridges; and in case any recovery shall be had Liability against either of said towns or said city, or against any corporation, by reason of such carelessness, neglect or misconduct, said Quincy Railroad Company shall be liable to pay to said towns and city and corporation, respectively, the amount so recovered, and all reasonable costs of defending the suits in which such recovery may be had: provided, that said Quincy Railroad Company have due notice from said towns or city or other corporation, of the pendency of such suits, and due opportunity to take upon themselves the defence thereof, which they are hereby empowered to do. or highways. SECTION 8. Any person who shall wilfully obstruct said Penalty for obcompany in the use of the tracks hereby authorized, or the structing tracks passing of the cars thereon, or shall aid and abet therein, shall be punished by fine not exceeding five hundred dollars, or imprisonment in the common jail not exceeding three months. If said Quincy Railroad Company or any of its agents or servants wilfully obstruct any street or highway, or the passing of carriages thereon, said company shall be punished by fine not exceeding five hundred dollars. pur chase franchise chester. SECTION 9. The towns of Quincy and of Dorchester may Right to at any time during the continuance of this charter, and by towns of after the expiration of ten years from the opening for use Quincy and Dorof said railroad, purchase of said company all its franchise, rights and property, by paying to said company therefor such a sum of money as will reimburse to each person who may then be a stockholder therein, the par value of his stock, together with a net profit of ten per cent. per annum from the time of the issue or transfer of the stock to him, deducting the dividends received by such stockholder thereon. SECTION 10. The capital stock of said Quincy Railroad Capital. Company shall not exceed one hundred thousand dollars, to be divided into shares of one hundred dollars each, and no Par value of shares shall be issued for a less amount to be actually paid shares. in on each, than the par value of the shares which shall be first issued. Bonds. SECTION 11. Said Quincy Railroad is hereby authorized and empowered to issue bonds, in sums not less than one hundred dollars each, for the purpose of constructing and equipping their road, the amount thereof not to exceed the How authenti capital stock paid in, and to be approved, certified, recorded and secured, in the same way as the Cambridge Horse Railroad bonds heretofore authorized by law. Amount. cated. Annual returns. Exemption. Right to sell franchise, &c. Acceptance of charter. Chap. 49. Volunteer companies to be re companies. SECTION 12. Said Quincy Railroad shall be deemed a railroad corporation so far as to make the annual returns to the legislature which are or may be required to be made by law, but shall not be subject to the other provisions of law relative to railroad corporations except as provided in section six. SECTION 13. The Quincy Railroad Company is hereby empowered to lease or sell its franchise, rights and property, to the said Dorchester Horse Railroad Company, or to any other connecting horse railroad company, and in case of such sale the purchasing company shall be entitled to all the rights and privileges, and to be subject to all the liabilities of said Quincy Railroad Company in virtue of this charter. SECTION 14. This act shall be void unless said charter shall be accepted by said Quincy Railroad Company, and said road located within one year from the date of the passage hereof. SECTION 15. This act shall take effect upon its passage. AN ACT IN RELATION TO THE VOLUNTEER MILITIA. Be it enacted, &c., as follows: SECTION 1. The volunteer militia companies, as now tained in service. Organized, with their officers, shall be retained in the serOrganization of vice; and, hereafter, as the public exigency may require, the organization of companies of artillery may be authorized, on petition, by the commander-in-chief, with advice of the council, and the organization of other companies may be authorized, on petition, by the commander-in-chief, or by the mayor and aldermen or selectmen, by his permission; and said companies so retained and so organized shall be liable on a requisition of the president of the United States upon the commander-in-chief, to be marched without the limits of the Commonwealth: but all additional compabanded in certain nies, battalions, and regiments, which may be organized under the provisions of this act, shall be disbanded, whenever the governor, or the legislature shall deem that their services are no longer needed. Companies of cavalry shall Liability. Additional com panies to be dis cases. scribed of differ be limited to one hundred privates and a saddler and a far- Numbers prerier; companies of artillery to forty-eight cannoneers, twenty- ent companies. four drivers and a saddler and a farrier; the cadet companies of the first and second divisions, to one hundred, and companies of infantry and riflemen to sixty-four privates. tion. SECTION 2. The fourteenth section of the thirteenth Repealing secchapter of the General Statutes, and all laws or parts of laws now in force, limiting the number of the volunteer militia, are hereby repealed. SECTION 3. This act shall take effect upon its passage. AN ACT TO INCORPORATE THE PEABODY MANUFACTURING COMPANY. Chap. 50. SECTION 1. Elijah W. Upton, Henry Poor, and Francis Corporators. Dane, their associates and successors, are hereby made a corporation by the name of the Peabody Manufacturing Title. Company, for the purpose of manufacturing cotton goods, in Purpose. the town of South Danvers, in the county of Essex, and for Location. this purpose shall have all the powers and privileges, and be Privileges and resubject to all the duties, restrictions and liabilities, set forth strictions. in the sixtieth and sixty-eighth chapters of the General Statutes, and all subsequent acts relating to manufacturing corporations. SECTION 2. The capital stock of said corporation shall Capital. be four hundred thousand dollars, and they may hold real Real estate. estate to the amount of three hundred thousand dollars. SECTION 3. The par value of the capital stock of said shares. corporation shall be one hundred dollars per share, and no shares in said capital stock shall be issued for a less sum or amount than the par value. SECTION 4. This act shall take effect from its passage. Approved February 15, 1861. AN ACT TO AUTHORIZE THE DORCHESTER AND MILTON BRANCH Chap. 51. RAILROAD COMPANY TO EXTEND ITS RAILROAD. Be it enacted, &c., as follows: land Railroad au SECTION 1. The Dorchester and Milton Branch Railroad Union with MidCompany is authorized to extend its railroad from the thorized. present terminus at Mattapan, to some convenient point of intersection with the Midland Railroad in Dorchester, and to connect and unite said Branch Railroad with said Midland Railroad, as aforesaid, and use the same; with all the benefits, and subject to all the duties and liabilities set forth in the acts relating to railroad corporations and connecting roads; with the right, on the part of said corporation, to conveyance. Right of lease or |