Sect. 4. Said commissioners in altering the location of the line of said road shall have the same power as railroad corporations have in making locations under existing laws, and may take, by purchase or otherwise, such lands, or easements therein, as may be needed for any purposes connected with the construction of said tunnel, and all titles or easements so taken shall vest in the Commonwealth; and all parties aggrieved by any action of said commissioners, under this section, may have their damages assessed in the manner provided by law for the assessment of damages against railroad corporations; and all damages so assessed shall be paid from the treasury of the Commonwealth to the party entitled thereto, upon the warrant of the governor, drawn pursuant to the provisions of this act.

Sect. 5. Said commissioners, subject to the approval of the governor and council, shall have the power to use a part of the money appropriated by this act, not exceeding fifty thousand dollars, to extinguish any liens or claims, or rights of redemption which any person or corporation may have, in order to perfect the title of the Commonwealth to said railroad and tunnel.

Sect. 6. The contract executed by the Troy and Boston Railroad Company, on the eighteenth day of February, eighteen hundred and sixty-three, by the Vermont and Massachusetts Railroad Company on the twentieth day of said February, and by the Fitchburg Railroad Company on the twenty-third day of said month, printed on pages eighty-eight to ninety-four, inclusive, of the report of said commissioners made on the twenty-eighth day of February, aforesaid, and referred to in the message of the governor, dated the twelfth day of March, in the year eighteen hundred and sixty-three, is hereby approved, ratified and confirmed.

Sect. 7. The compensation or said commissioners shall be fixed by the governor, with the advice of the council; but the compensation of the chairman of said commissioners shall in no event exceed the sum of five thousand dollars per annum, nor shall the entire compensation of all of said commissioners exceed the sum of seven thousand dollars per annum.

Approved April 29, 1868.

[C.]

Statement of J. W. Brooks, Esq., Chairman of the Commissioners, made to the Committee during the session of the Legislature, 1866.