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1863-04-27At a meeting of the Board of Selectmen of the town of Beverly, holden on the twenty-seventh day of April in the year of our Lord one thousand eight hundred and sixty-three, and by adjournment on the second day of May in the same year, and by further adjournment on the fourth day of May in the same year, it appearing that due notice had been given to the abutters upon the route hereinafter described and no one appearing to object thereto, it was Voted "That the track of the Salem and South Danvers Railroad be located on Cabot Street and upon the center line thereof, commencing at the terminus of the Essex Bridge, with suitable and convenient turnouts and extending thence to the crossing of the Gloucester Branch Railroad, at equal distances from the sidewalks on each side thereof. Provided, that said Railroad Company, be required to furnish a plan of said Railroad as soon as may be.- that the track shall be constructed of rails of the most approved pattern and upon even grade throughout the whole length thereof, with the streets upon which the same shall be built.-That the space between the rails and all of the streets which shall be occupied or injured by the tracks of said Railroad shall be kept in good repair by said Railroad and graded up to a level with the said tracks, with hard gravel or good Macadam material to the satisfaction of the Selectmen. That the rights of the Beverly Gas Light Company, reasonably to remove the earth in the street for the purpose of repairing their pipes shall not be abridged.-and provided further, that whenever, either at the construction of the railroad or anytime hereafter in the judgment of the Selectmen for the time being, it shall be deemed necessary in order to insure the safety of the ordinary and public travel to make any alteration in the grade of the streets through which the railroad may pass, such alteration shall be made by and at the expense of the Railroad Corporation. Provided, that such alteration shall be made necessary by the construction and operation of the Railroad and said alteration shall be made under the superintendence and to the satisfaction of the Selectmen, and the Railroad Company shall be liable for all damages, which may be recovered by owners of the estates injuriously affected by said alterations." A true record. Attest. James Hill, Town Clerk