Chap. 134 May borrow $25,000. next; and if then accepted, it shall go into operation at the then next ensuing municipal election in said city, in the month of December following. Approved April 2, 1861. AN ACT TO AUTHORIZE THE COMMISSIONERS FOR THE COUNTY OF Be it enacted, &c., as follows: The county commissioners for the county of Essex, are hereby authorized and empowered to borrrow, on the credit of said county, in addition to the amount of debt they are now authorized to contract, a sum not exceeding twenty-five thousand dollars; the same to be expended by said commissioners, or their successors in office, in erecting a building for the use of the courts and public offices, in connection with the court house in the city of Salem, if the commissioners shall so determine. Approved April 2, 1861. ROAD COMPANY. Chap. 135 AN ACT TO INCORPORATE THE DEDHAM AND WEST ROXBURY RAILBe it enacted, &c., as follows: Corporators. Title. Powers. Route. SECTION 1. John T. Whittemore, Joseph P. Woodbury, Charles G. Mackintosh, William Whiting, Andrew S. March, Harrison G. Hunt, T. B. Moses, Everett C. Banfield, Erastus Worthington, Josiah W. Hubbard, George H. Williams, Waldo Colburn, William C. Hibbard, Thomas G. Whytal, their associates and successors, are hereby made a corporation by the name of the Dedham and West Roxbury Railroad Company; with power to construct, maintain and use a railway or railways, with convenient single or double tracks, commencing upon the Dedham Turnpike, now called Shawmut Avenue, in West Roxbury, at the junction of said avenue with the Boston and Providence Railroad, at or near Forest Hills Station; and from that point upon and over said avenue, South, Austin and Spring Streets, to the divid ing line between West Roxbury and Dedham, at or near the Vine Rock Bridge; and from said dividing line, upon and over said Vine Rock Bridge and the public streets or highways, to the court house in Dedham; and upon and over such streets or highways in Dedham, to such point or points in said town as may, from time to time, be fixed and determined, in the manner hereinafter provided and assented to in writing by this corporation. Said railroad shall be built and completed to, at or near the court house in said Dedham, within the time specified in this act. Said railroad may be constructed upon any other streets or highways in West Roxbury, designated in the manner hereinafter provided, and assented to in writing by this corporation, necessary and proper for opening horse railroad accommodations between Vine Rock Bridge and the aforesaid junction. of Shawmut Avenue with the Boston and Providence Railroad. maintenance in SECTION 2. Said corporation is hereby authorized, with Construction and the consent of the mayor and aldermen of the city of Rox- Roxbury and W. bury, and the selectmen of West Roxbury, respectively, to Roxbury. construct, maintain and use a railway or railways, with convenient single or double tracks, upon said Shawmut Avenue, in West Roxbury and the city of Roxbury, between the junction of said avenue with the Boston and Providence Railroad, at or near Forest Hills Station and the terminus of the Metropolitan Railroad on said avenue in the city of Roxbury: provided, the Metropolitan Railroad Company Proviso. and the West Roxbury Railroad Company, or either of them, shall not commence constructing a railway between those points as soon as the railroad track of this corporation is constructed upon the whole route herein before designated, between Dedham and said junction, and prosecute the same with reasonable despatch, and complete the same ready for use within forty-five days after the road is built from said Dedham to said junction: provided, that the selectmen of said town of Dedham shall grant a location to said company over so much of said route as lies in said town; but if such location is refused, then said company is authorized to commence building their road at Baker Street, in said West Roxbury. If the Metropolitan Railroad Company, or the West Roxbury Failure of MetroRailroad Company, or either of them fail to commence and politan or West construct within the time herein specified, that part of the ny to commence railroad between said junction and the terminus of the Me- specified, to bar tropolitan Railroad on said Shawmut Avenue, in the city of Roxbury, and embraced in their respective charters, they, or either of them, shall be forever prohibited from constructing the same, and that right shall be vested in this corporation; and provided nothing herein contained shall authorize this Proviso. corporation to build said last mentioned railway or otherwise to restrict the rights heretofore granted to the Metropolitan and West Roxbury Railroad Companies by their respective charters, if said companies shall make, in good faith, application to the mayor and aldermen of the city of Roxbury, and the selectmen of the town of West Roxbury, for location of their respective roads over so much of that part of Shawmut Avenue as lies in said city and town north of the northern terminus of this corporation, as stated in section Roxbury compa construction as them thereafter. Notice to abutters by municipal authorities. Construction and maintenance. Alteration of grade. Proviso. Motive-power. ulated. Discontinuance of track. one, and either of them shall have failed to obtain the same after making reasonable and proper exertion in that behalf. SECTION 3. Before proceeding to locate the track or tracks in any of the streets or highways in the city of Roxbury, or the towns of West Roxbury and Dedham, the mayor and aldermen of said city, and the selectmen of said towns, shall give notice thereof, at the expense of said railroad company, to the abutters on said streets or highways, by publication in such newspapers in the counties of Norfolk and Suffolk as they shall determine, at least three successive weeks before such meeting, of the time and place when and where they will fix and determine the location and manner of constructing such track, or tracks, and such abutters may then and there appear and show cause, if any there be, why such track or tracks shall not be so constructed and located; and if the selectmen of said towns, or either of them, shall refuse to locate the same, the location thereof may be ordered by a majority of the legal voters present and voting thereon at any town meeting held for that purpose. SECTION 4. Said railroad shall be constructed and maintained in such manner and form, upon such gauge and grade as the mayor and aldermen of said city, and the selectmen of said towns, shall prescribe and direct; and whenever it shall be necessary to alter the grade of any street or highway so occupied by it, such alteration may be made at the sole expense of said corporation: provided, the same shall be assented to by the mayor and aldermen of said city of Roxbury, and the selectmen of said towns, respectively. SECTION 5. Said railroad shall be operated with horseSpeed and mode power only. The mayor and aldermen of said city, and the of use, how reg- selectmen of said towns, shall regulate the speed and mode of use of said railroad; and at any time after the expiration of one year from the opening for use of said railroad, in any street in which the same may be located, as provided by its charter, the mayor and aldermen of said city, and the selectmen of said towns, may, by a vote of the majority, determine as to the said track, that the same or any part thereof be discontinued; and thereupon the location shall be deemed revoked, in conformity with such vote: provided, that such taking and removal shall be at the expense of the said railroad company. Highways occupied, corporation to maintain. SECTION 6. Said corporation shall keep in repair such portions of the streets and highways as shall be occupied by their tracks, and shall be liable for any losses and injuries sustained by any person by reason of carelessness or mis conduct of its agents or servants in the management, construction or use of said road. be removed and SECTION 7. If said corporation discontinues the use of Unused track to any part of its railroad, it shall remove the same from the highway repaired streets or highways, and shall put the streets where the same is removed in as good condition for public travel as they were in when first occupied by said railroad. transfer fran SECTION 8. Said corporation is authorized to sell, lease Corporation may or transfer its franchise and all its property or rights, or chise. any part thereof, to any other similar corporation, on such terms as may be mutually agreed upon, and make and execute all instruments necessary for that purpose; and the corporation purchasing the same shall have all the rights, and be subject to the requirements, restrictions and liabilities, herein contained. When a sale or transfer is made, Transfer to conthe capital stock shall become a part of the capital stock of the purchasing corporation, but no sale or transfer by this corporation shall prevent the city of Roxbury, and the towns of West Roxbury and Dedham, from purchasing the same at the time and upon the provisions contained in section four teen. solidate.. SECTION 9. Said corporation shall have a right to con- May connect nect their railroad with the Metropolitan Railroad and the with other roads. West Roxbury Railroad, but shall not run their cars over said railroads or use them in any manner without the consent of said corporations respectively, and only on such terms as may be mutually agreed upon. SECTION 10. The capital, stock of said corporation shall Capital. not exceed the sum of one hundred and thirty thousand dollars, to be divided into shares of one hundred dollars Shares. each, and no shares shall be issued for a less amount than the par value actually paid in. SECTION 11. Said corporation shall have power to pur- Real estate. chase and hold such real estate in the city of Roxbury, and the towns of West Roxbury and Dedham, as may be necessary and proper for the management of said railroad. cipalities not SECTION 12. Nothing in this act shall be construed to Rights of muniprevent said city and towns from taking up any of the abridged. streets or highways traversed by said railroad for any purpose for which they may lawfully take up the same. SECTION 13. If any person shall wilfully or maliciously Penalty for obobstruct said corporation or its agents or servants in the use ration of said railroad or its tracks, or in the passing of the cars thereon, such person and all aiding and abetting therein shall be punished by a fine not exceeding five hundred dollars, or may be imprisoned in the county jail not exceed structing corpo Obstruction by ing three months. corporation. Municipalities may purchase. Conditions. Annual returns, &c. Act to be accept cated years. in two If said corporation or its agents or servants shall wilfully or maliciously obstruct any highway or the passing of any persons or carriages over the same, said corporation shall be punished by a fine not exceeding five hundred dollars. SECTION 14. The aforesaid city and towns may at any time after the construction of said road, purchase of said corporation the franchise, and all the property of said corporation, by paying said railroad company therefor, such a sum 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 transfer of stock to him on the books of the corporation, deducting the dividends received by said stockholder thereon. SECTION 15. 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 prescribed by law, and also to all such general provisions of law as are or may be prescribed respecting horse railroads. SECTION 16. This act of incorporation shall be void, ed and road lo- unless accepted by the mayor and aldermen of said city, and the selectmen of said towns, and said road is located by them within two years from the passage of this act; and if the selectmen of said towns, or either of them, refuse to accept said charter or locate said road, the same may be accepted and the location ordered by a majority of the legal voters present and voting thereon. Fare and freight. SECTION 17. Said corporation shall have power to fix from time to time, such rates of compensation for transportation of persons and property, as they may think expedient; but the rate of passenger fare shall not exceed five cents per Privileges and re- mile to each passenger; and shall have all the powers and privileges, and be subject to all the duties, liabilities and restrictions, set forth in the sixty-eighth chapter of the General Statutes. strictions. Chap. 136 Repeal. Liability of towns for acts of agents. SECTION 18. This act shall take effect upon its passage. AN ACT IN RELATION TO THE SALE OF INTOXICATING liquors. SECTION 1. The one hundred and sixty-sixth chapter of the acts of eighteen hundred and sixty, entitled "An Act in relation to single acts of Drunkenness," is hereby repealed. SECTION 2. If any town or city, or their agent, shall refuse or neglect to pay on delivery, for the liquors ordered by them of the state commissioner, pursuant to the eighty |