OAKS THE UNIVERSITY OF ILLINOIS Return this book on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. University of Illinois Library JAN-8 MAY 2 7 1971 008 L161— O-1096 THE RAILROAD LAWS AND CHARTERS OF THE UNITED STATES. THE RAILROAD LAWS AND CHARTERS OF THE UNITED STATES NOW FOK THE FIRST TIME COLLATED, ARRANGED IN CHRONOLOGICAL ORDER, AND PUBLISHED WITH A SYNOPSIS AND EXPLANATORY REMARKS. BY W. p. GREGG AXD BENJAMIN POND, OF THE BOSTON BAK. VOLURIE I. CONTAINING THE RAILEOAD LAWS AND CHARTERS OF MAINE, NEW HAMPSHIRE, AND VERMONT. NEAV YORK: JACOB R. HALSTED, LAW BOOKSELLER, CORNER OF WALL AND BKOAD STREETS. 1851. Entered according to Act of Congress, in the year 1S51, by VV. P. Gregg and Benjamin PoiND, in the Clerk's Office of the District Court of the District of Massachusetts. CAMBEIDGE : FEINTED BV BOLLES AND HOUGHTON. G{ fG n/ INSCRIPTION. THE VARIOUS Am) IMPORTANT SERVICES, RENDERED TO THE GREAT CAUSE OF INTERNAL BIPROVEMENTS IN NEW ENGLAND AND OTHER PARTS OF THE UNITED STATES, BY THE HONORABLE JOSIAH QUINCY, Jr. MAKE IT A PLEASURE, IF NOT A DUTY, FOR THE COMPILERS AND THE PUBLISHERS TO INSCRIBE THIS VOLUME TO THAT DISTINGUISHED CITIZEN OF MASSACHUSETTS. a * 743615 GENERAL NOTICE TO THE READER. One of the largest interests in the United States is that of Rail- ids. This interest is augmenting every day. It must continue increase with the population, enterprise, business and wealth of 3 country. The Legal Enactnients upon the subject of Railroads, the growth more than quarter of a century, have now become very nume- is. They are scattered among the various other, and still more merous Acts and Resolves of the Legislatures for the same I'iod ; and, it being inconvenient, if not difficult, to search after d examine the former, and to compare their different sections d provisions while thus apart from each other, and disseminated long the many volumes ot the latter, the task was undertaken collecting all the Railroad Laws and Charters of the United ites, arranging those of each State and of each Company, by jmselves, in chronological order, — as they were enacted — and blishing the whole with a Synopsis and Explanatory Remarks, one body. But in the course of the prosecution of this task, it was ascer- ned to be impracticable to compress all these Statutes within ; compass of a single volume; what is first submitted, therefore, but a portion of the whole work, and is confined exclusively to ! Railroad Laws and Charters of New England ; to the Special i General Enactments of Maine, New Hampshire, Vermont, issachusetts, Rhode Island, and Connecticut, concerning Rail- ids and Railroad Companies, in the order here mentioned. Those of the other States will be embraced in volumes to be Wished as soon as the convenience of the Compilers and a proper 3CUtion of the work will permit ; while such new Railroad Laws Vm GENERAL NOTICE TO THE READER. and Charters, as have been passed since the manuscript for the ensuing pages was sent to the compositors, or as may be passed at a future day, the Compilers propose to present in the form of a supplement, at such future time as circumstances shall require. The General Laws concerning Railroads and Railroad Com- panies in each State, included in these volumes, will be found under the head of such State, and in the order of time in which they were passed ; excepting one or two of such Laws, which have been inserted in connection with one or two Charters, to which they particularly relate. Each Railroad Charter in each State, is also inserted, as already intimated, under the head of such State, according to the order of time, so far as it was proper to do so, in which it was granted. Under each of such Charters, are likewise set forth all the Special Laws subsequently enacted, concerning that particular Charter, or the Company authorized to be established by it ; and to the General Laws, and to each Charter, and the Special Laws, appertaining to it, are prefixed a Synopsis and Remarks, with occasional References, indicative or explanatory of the principal features contained in them, or to which they refer. Perhaps it is not too much to declare, that there is no one pub- lication which presents the Railroad System of our land, in so striking a point of view, as these volumes of Railway Legislation ; or atfords a better opportunity to judge of the relative advancement of each State in Internal Improvements. The labor of preparing these volumes for the press has been an arduous one. The Compilers have endeavored to execute this labor, with a scrupulous regard to accuracy and completeness ; and although they do not claim to be privileged from error, in what they have performed, yet this New Work — the first Rail- way Code ever made in this, and as is believed, in any other country — together with the Synopsis, Explanatory Remarks, References, and Indexes will, it is hoped, prove of service to the Courts, the Profession, the Officers and Members of Railroad Corporations, the Governments of the several States, and of the United States, and the Public at large. Boston, January, 1851. ADDITIO^^AL REMARKS. The undeniable importance, not to say necessity of Railroads in arious sections of the country ; the improvements almost daily eveloped in the mode of conducting them, and the certain, if not apidly increasing profits of such works in general, conspire with ther circumstances, to cause a constant demand for Railway tocks, among nearly all classes of people. The shares, indeed, ave come to be sought after as a species of public security, by lose who wish to obtain a regular semi-annual return for their loney ; or to make what are commonly called safe and permanent ivestments. And consequently, aside from the members of the iCgal Profession, or the members of the Legislatures, there is mong capitalists, Merchants, and Manufacturers, men of enter- rise. Trustees, and others, a greater or less desire to possess a eneral, if not a particular knowledge of the Charters and Laws nder which the principal Railroad Corporations have been esta- lished and are maintained. To all such, therefore, as well as to le professional reader, it may be remarked, that in several cases, lere are two Charters of the same name ; the last granted as a Libstitute for the first; while in one State there will not unfre- uently be found, a Corporation possessing the same name, or one imilar to that, of another Company, in another State. So it will e observed, that the names of some Companies have been repeat- dly changed. In sundry Charters likewise, and Acts concerning them in cer- ain States, there are provisions referring to certain Companies not icorporated under said Charters, and to other Laws in those 5tates : and in the same Charters and Acts, references are also lad to other Companies incorporated in other States ; and to sun- Iry Charters and Acts of other States. X ADDITIONAL REMARKS. Ill order, therefore, to obtain full information concerning the privileges, liabilities, &c. of any particular Company, incorporated in more than one State, or acting under Charters and Laws of more than one State, it will be necessary to consult not only the Charter first granted, to such Company, and the Acts in relation thereto, but the Charter and Acts concerning any Company with which it is united ; and the General Laws of the States in which said Company is established or transacts business. A few, it may be added, of the early Charters, granted in each of the States, have never been carried into effect. Others have been repealed. So it may be said of sundry of the Laws. But those extinct, as well as the others, together with various Resolu- tions, passed from time to time, have been printed in their proper places, in order that the public may have in one connected series, the mass of Legislation upon the subject. In conclusion, it should be borne in mind, that under the title of each company, will be seen the Charter of that Company, and the subsequent grants made to it, and the several Laws touching that Company ; excepting the General Laws, and in some particular instances, such Special Laws as relate more immediately to some other Company ; said General Laws being inserted after the last of the other enactments of each State, with one or two slight but necessary variations, as previously suggested. NOTICE. The first of these volumes contains th.e Eailroad Laws and Charters of Maine, New impshirc, and Vermont. The second those of Massachusetts, Rhode Island, and innecticut. Lose of Maine include the enactments from .... 1831 to 1850 New Hampshire Vermont Massachusetts Rhode Island Connecticut . 1835 to 1850 1831 to 1850 1S09 to 1851 1828 to 1851 1832 to 1851 ing all such Charters and Laws as had been granted or passed, up to the time b.en the manuscript for each State was prepared for the press. CONTENTS or THE RAILROAD CHARTERS OF MAINE. ' PAGES Androscoggin Railroad Company . . . . . 268 - 276 Synopsis ..... . 267 - 268 Androscoggin and Kennebec Railroad . . 186 - 193 Synopsis . 184-185 Atlantic and Saint Lawrence Railroad Company . . 169 - 184 Synopsis . •. . 167 - 169 Bangor and Oldtown Railway Company 11-15 Synopsis ..... 10-11 Bangor and Piscataquis Canal and Railroad Company 17 - 25 Synopsis 16-17 Bangor and Orono Railroad .... . 248 - 256 Synopsis ...... . 246 - 248 Baring and Bog Brook Railway Company . . ISi 5-136,245-246 Synopsis . 135, 245 Bath and Portland Railroad Company . . 159-167 Synopsis ..... . 158 - 159 Belfast and Quebec Railroad Corporation 47 - 56 Synopsis ..... 46 - 47 Belfast and Waterville Railroad Company . . 258 - 266 Synopsis ..... . 257 - 258 Brunswick Railroad Company .... 36 - 38 Synopsis ..... 35 - 36 Buckfield Branch Railroad Company . . 227 - 234 Synopsis ..... . 226 - 227 Calais Railway Company ..... 4-10 Synopsis 3-4 Calais and Baring Railway Company . . 132 - 135 Synopsis ..... b . 131 - 132 XIV CONTENTS. Franklin and Kennebec Railroad Company . Synopsis ...... Frankfort, Bangor, and Belfast Railroad Corporation Synopsis ...... Great Falls and South Berwick Branch Railroad Company Synopsis ...... Hallowell Granite Railroad Company .... Synopsis ...... Hancock and Penobscot Railroad Company . Synopsis ...... Hampden and Carmel Canal and Railroad Company Synopsis ...... Jonesborough and Whitneyville Railroad Company Synopsis ...... Kennebunk Port Granite and Railroad Company . Synopsis ...... Kennebec and Portland Railroad Company Synopsis ...... Kirkland Canal and Railroad Company Synopsis ...... Lewiston and Topsham Railroad Company . Synopsis ...... Maine, New Hampshire, and Massachusetts Railroad Corpora tion ....... Synopsis ...... Mattanawcook Railroad Corporation .... Synopsis ...... Moose Head Lake Railway Company .... Synopsis ...... Orrington Canal and Railway Company Synopsis ...... Pacific Railroad ........ Palmer and Machias Port Railroad Corporation Synopsis ...... Penobscot and Kennebec Railroad Company Synopsis ...... Penobscot River Railroad Corporation .... Synopsis ...... Portland and Cape Elizabeth Coal and Railroad Company Synopsis ...... Portland Mining and Railway Company Synopsis ...... PAGES 237 - 245 235 - 237 79-85 78-79 138-147 136-138 109- 112 109 41-44 40-41 76-78 75 66-70 65-66 45 45 114-122 112-114 94-96 93-94 278 - 285 276 - 277 98-109 96-98 87-93 86-87 234-235 234 30-33 30 256 - 257 155-157 155 196-212 194-196 58-65 56-58 26-28 25-26 28-30 28 MAINE. XV PAGES Portland and Oxford Railroad Company .... 148-155 Synopsis 147 - 148 Portland, Saco, and Portsmouth Railroad Company . . 123 - 131 Synopsis 122-123 Readfield Winthrop and Cobbossee Contee Canal and Railroad Company . . . . . . . 71-75 Synopsis ....... 71 Somerset and Kennebec Railroad Company .... 286 - 293 Synopsis -285-286 South Thomaston Railroad Company ..... 266 - 267 Synopsis ....... 266 Union River Canal and Railway Company . . . . 33-35 Synopsis ....... 33 Union River Railroad Company ...... 213-215 Synopsis ....... 213 Waterville and Fairfield Railway Company . . . 38-40 Synopsis ....... 38 York and Cumberland Railroad Company .... 217-225 Synopsis 215-217 General Railroad Laws of Maine .... 298 - 318 Synopsis of these Laws ..... 294 - 298 For the titles of these General Laws, the reader wiU see the index at the end of this volume. CONTEXTS OF THE RAILROAD CHARTERS OF KEW HA:MPSE[IRE. Atlantic and Saint Lawrence Railroad Company Synopsis Ashuelot Railroad Company Synopsis Boston and Maine Railroad . Synopsis Boston, Concord, and Montreal Railroad Synopsis Cheshire Railroad Company Synopsis Colebrook Railroad Company Synopsis Concord Railroad Corporation Synopsis Concord and Claremont Railroad . Synopsis Concord Granite and Railway Company Synopsis Cocheco Railroad Company Synopsis Connecticut River and Montreal Railroad Company Synopsis Connecticut River Railroad . Synopsis Conway and Meredith Railroad Company Synopsis Contoocook \ alley Railroad Synopsis Dover and Winnipiseogee Railroad Synopsis PAGES . 531 - 534 531 . 444 - 455 . 442-444 . 341 - 350 . 339 - 341 . 42S - 434 . 427 - 428 . 436 - 442 . 434 - 436 . 422 - 427 . 421 - 422 . 323-331 . 321-322 . 535-539 534 . 372 - 374 372 . 510-514 . 509-510 . 568 - 573 . 567 - 568 . 546-551 545 - 546 . 527 - 530 527 . 540 - 544 . 539 - 540 . 375 - 382 . 374 - 375 NEW HAMPSHIRE. XVU East Wilton and Groton Railroad Company . Synopsis .... Eastern Railroad in New Hampshire . Synopsis .... Essex Extension Railroad Company Synopsis .... Fitchburg, Keene, and Connecticut River Railroa Synopsis .... Franklin and Bristol Railroad Synopsis .... Goffstown and Manchester Railroad Company Synopsis .... Grafton Railroad ..... Synopsis .... Great Falls and Conway Railroad Synopsis .... Great Falls and South Berwick Branch Railroad Synopsis .... Groton and Nashua Railroad Synopsis .... Keene Railroad Company .... Synopsis .... Manchester and Candia Railroad . Synopsis .... Manchester and Lawrence Railroad Synopsis .... Monadnock Railroad Company . Synopsis .... Nashua and Epping Railroad Company Synopsis .... Nashua and Lowell Railroad Corporation Synopsis .... New Hampshire Central Railroad Synopsis .... Northern Railroad Company Synopsis .... Peterborough and Shirley Railroad Company Synopsis .... Piscataquog River Railroad Synopsis .... Portland and Connecticut River Railroad Company Synopsis . . . . . Company PAGES 478 - 483 477 - 478 361-371 359-361 564 - 567 563 401-406 400 - 401 496-501 495-496 515-519 514-515 521-526 519-520 408-415 406 - 408 388 388 417-421 416-417 332 - 339 331-332 593 - 598 592 - 593 505 - 509 504 - 505 584 - 588 583 - 584 573 - 577 573 352 - 359 350-351 552 - 558 551-552 391-400 389 - 390 487 - 488 486 - 487 559 - 563 558 - 559 383 - 387 382 - 383 xvm CONTENTS. Portsmouth and Dover Railroad .... Synopsis ..... Portsmouth, New Market, and Concord Railroad Corporation Synopsis ..... Portsmouth, New Market, and Exeter Railroad Compai Synopsis ..... Salisbury and East Kingston Railroad Company . Synopsis ..... Salisbury and East Kingston Extension Railroad . Synopsis ..... Suncook Valley Railroad ..... Synopsis ..... Suncook Valley Extension Railroad Synopsis ..... Souhegan Railroad Company .... Synopsis ..... Sullivan Railroad Company .... Synopsis ..... Wilton Railroad Company ..... Synopsis ..... White Mountains Railroad ..... Synopsis ..... General Laws of New Hampshire respecting Railroad Corpo- rations ....... Synopsis ....... PAGES 609-616 608 - 609 463 - 470 461-463 472 - 477 470-471 502 - 504 501-502 604 - 607 603 589 - 592 588 599 - 603 598 - 599 484 - 486 483 - 484 490 - 495 489 - 490 457-461 456 578 - 583 578 625 - 662 617-625 For the titles of these General Laws, the reader -vvill see the index at the end of this volume. CONTENTS OF THE KAILEOAD CHARTERS OF VERMONT. Atlantic and Saint Lawrence Railroad Company . Synopsis ..... Ascutney Railroad Company .... Synopsis ..... Bennington and Brattleboro' Railroad . Synopsis ..... Bennington and Brattleboro' Railroad Company Synopsis ..... Brattleboro' and Fitchburg Railroad Company Synopsis ..... Black River Railroad Company .... Synopsis ..... Champlain and Connecticut River Railroad Company Synopsis ..... Connecticut and Passumpsic Rivers Railroad Company Synopsis ..... Danville and Passumpsic Railroad Company Synopsis ..... Lake Champlain and Otter Creek Railroad Company Synopsis ..... Lake Michigan and Pacific Ocean Railroad . Resolutions ..... Montpelier and Connecticut River Railroad Company Synopsis ..... Norwich and Hartford Forwarding Railroad Company Synopsis ..... Rutland and Connecticut River Railroad Company Synopsis ..... Rutland and "Whitehall Company Synopsis ..... PAGES 889 - 892 888 - 889 902 - 909 901-902 686 - 692 685 - 686 723 - 734 722 - 723 800 - 807 798 - 800 837 - 843 836 787 - 798 784 - 786 755 - 769 753 - 755 874 - 879 873 - 874 778 - 784 777 - 778 829 829 894-901 892 - 893 770-777 769 - 770 735 - 744 734 _ 735 668 - 685 665 - 668 XX CONTENTS. PAGES Rutland and Washington Railroad Company . . . 845 - 853 Synopsis ....... 844 - 845 Southern Vermont Railroad Company ..... 864 - 873 Synopsis 862-864 Union Railroad Company ....... 855 - 862 Synopsis ....... 854 Vergennes and Bristol Railroad Company .... 745 - 753 Synopsis 744-745 Vermont and Canada Railroad Company .... S09-817 Synopsis ....... 808 Vermont Central Railroad Company ..... 705-721 Synopsis ....... 703 - 705 Vermont Railroad Company ...... 693 - 702 Synopsis ....... 692 - 693 Vermont Valley Railroad Company . . . . . 881 - 888 Synopsis . . . . ' . .879-880 Western Vermont Railroad Company ..... 818-829 Synopsis 817-818 Woodstock Railroad Company 830 - 836 Synopsis 829-830 General Laws of Vermont respecting Railroad Corporations . 914- 937 Synopsis of these Laws .... 909 - 913 For the titles of these General Laws, the reader will see the index at the end of this volume. RAILROAD LAWS MD CHARTERS OP MAINE, ARRANGED IN CHRONOLOGICAL ORDER, ■WITH A SYNOPSIS AND EXPLANATORY REMARKS. RAILROAD LAWS AND CHARTEES OP MAmE. CALAIS RAILWAY COMPANY. INCORPORATED IN MAINE IN 1832. Chapter 238 of the Special Laws of 1832 contains this Charter, the first granted in tJte State of Maine, Sect. 1 grants corporate powers for the term of tliirty years, authorizing them to make by-laws not repugnant to the laws of the State. Sect. 2 provides that the capital stock shall be divided into shares of $100 each, entitling the holder to a vote for each share, not exceeding ten votes. Sect. 3 appoints the time for choosing officers. Sect. 4 authorizes the Company to hold real or personal estate, not exceeding the amount of $50,000. Sect. 5 grants a toll for the transportation of articles, and fixes the rates of toll ; provided, that the Legislature may regulate them at the expiration of ten years. Sect. 6 requires the Company, after they commence receiving toUs, to keep their road in good repair and provide suitable carriages, and transport articles. Sect. 7 provides that this railroad shall not obstruct any public road, or prevent the laying out of any private way or highway. Sect. 8 establishes the manner of organization. Sect. 9 requires that the road be completed within three years herefrom, or this Act shall be void. Sect. 10 provides that the Legislature shall not annul this Act. Chapter 550 of the Special Laws of 1835 contains an additional Act. Sect. 1 extends the time for completing the road to three years after the time named in the Charter. Sect. 2 names other persons to become members of the Corporation. Sect. 3 makes said extension of time conditional on the repeal of Sections 5 and 10 of the original Act. Sect. 4 establishes the manner of calling the first meeting. 4 CALAIS RAILWAY COMPANY. Chapter 373 of the Special Laws of 1837 coiitains an Act hi addition to the foregoing. Sect. 1 authorizes the Company to build a railway from Salt Water VUlage, to Mill- town Village in Calais, subject to the provisions of "An Act concerning Corpora- tions " passed February 16, 1836, and " An Act defining certain rights and duties of EaUroad Corporations" passed March 1, 1836, provided it be so constructed as not to impede the navigation of the adjacent river. Sect. 2 grants a toll, to be established, as well as other matters relating to the man- agement of the road, by the directors ; provided, at the end of ten years from its completion, the Legislature may reduce the rates of toll, so that the net income of the road shall not exceed 12 per cent, on its cost : the books of the Company shall be open to the inspection of the Governor and Council, and of any Committee of the Legislature. Sect. 3 authorizes the directors to erect toll-houses and demand tolls. Sect. 4 provides that any person veilfully injuring or obstructing the road or destroying the Company's property shall forfeit to the Company treble the dama- ges, to be recovered by action, and shall be liable to indictment, and fine or imprisonment. Sect. 5 enacts that, if said road be not completed within four years herefrom, this Act shall be void. Sect. 6 requires that the Company shall, after commencing to receive tolls, keep said road in good repair, provide suitable vehicles, and transport all passengers and articles. Chapter 409 of the Special Laws of 1838 contains an Act in addition to the Act of Incor- poration. Sect. 1 allows for the completion of the road, two years beyond the time named in the Act of March 10, 1835. Sect. 2 changes the name of said Company to that of " Calais Railroad Company." Chapter 238 of tJie Special Laics of 1849 contains an additional Act. Sect. 1 changes the name to the " Calais and Baring RaUroad Company." Sect. 2 authorizes the Company to hold real and personal estate, to the amount of $200,000, and each shareholder to have one vote for each share. Sect. 3 authorizes the Company to extend their road as therein directed. Sect. 4 provides that they may collect tolls, in advance or otherwise, having a lien on all property transported, which they may sell, after seven days' notice. Sect. 5 confirms all the Company's acts and proceedings. Sect. 6 repeals Section 7 and part of Section 1 of the Charter, and other Acts incon- sistent herewith. Laws of 1832, Chap. 238. An Act to incorporate the Calais Railway Company. Sect. 1. Be it enacted by the Senate and House of Repre- sentatives^ in Legislatiire assembled, That William DeLesdernier, Joaes Dyer, Joseph Wiiituey, George Downes, and Otis L. Bridges, MAINE. with their associates, be and they hereby are created a corporation by the name of the Calais Railway Company, and shall so continue for the term of thirty years from the passage of this Act, for the purpose of erecting, repairing, and maintaining, for the transporta- tion of goods, lumber, and other articles, a railway within the town of Calais in the County of Washington, from the still water, at Mill- town, so called, to the place of shipping lumber on the St. Croix River ; and by the name aforesaid may sue and be sued, and may have a common seal, and change the same at pleasure, and may make by-laws for the management of their concerns, not repug- nant to the laws of the State, and have all other powers incident to corporations. Sect. 2. That the capital stock of said corporation shall be divided into shares of one hundred dollars each, and at all meet- ings of said corporation, each proprietor shall be entitled to as many votes as he may hold shares ; but no proprietor shall be entitled to more than ten votes. Sect. 3. That the stockholders of said corporation may annu- ally, on the first Monday of May, choose a board of five Directors, and all other officers, which they may deem necessary. Sect. 4. That said corporation may take and hold by gift, grant, bargain and sale, or by lease, any estate real or personal, to an amount not exceeding fifty thousand dollars in value, and the same or any part thereof may sell and convey at pleasure. Sect. 5. That for the transportation of articles upon said rail- way the said corporation are hereby authorized to demand and receive from the owners thereof a toll not exceeding the following rates, viz. for transporting the whole distance of said railway, a cord of wood fifty cents, clapboards per thousand fifty cents, pine shingles per thousand ten cents, cedar shingles in bundles twenty cents per thousand, laths eight cents per thousand, tons of timber, twenty cents per ton, boards and plank per thousand feet board measure fifty cents, and eight cents per thousand to be added, if the company pile the lumber, hogsheads twenty-five cents each, barrels eight cents each, bags containing two bushels of salt, grain, or other articles, six cents each, bales of dry goods of common size twenty cents each, logs transported from still- water to the Union or the Lafayette Mills, thirty seven cents per thousand feet board measure : Provided^ that after the expiration of ten years from the passage of this Act, the above rate of tolls shall be subject to further regulation by the Legislature. 1* 6 CALAIS RAILWAY COMPANY. Sect. 6. That said corporation shall constantly, from and after the time when they commence the taking of toll for transporting any of the articles aforesaid, have and maintain in good repair and fit for use, a good and convenient [rail] road, constructed of suitable materials; and provide fit vehicles and carriages, with all necessary apparatus for the safe and speedy conveyance of all such articles as they may be required to transport upon said rail- way; and shall be held and obliged to take charge of, and convey the same accordingly, the toll therefor having been first paid or tendered. Sect. 7. That the powers granted by this Act shall not be so construed as to permit said corporation, by their railway aforesaid, to obstruct any existing public road, or to impede travellers from passing thereon with ease, safety, and convenience, or to preclude the town or county, in which said railway may be, from locating and establishing any highway, or town, or private way wherever they may judge the same to be of common convenience and necessity. Sect. 8. That "William DeLesdernier may call the first meeting of said corporation by posting up notifications of the time and place thereof in two public places in said town of Calais, ten days prior to the time of said meeting. Sect. 9. That unless said railway be completed within three years from the passing of this Act, then this grant shall be void. Sect. 10. That the powers granted by this Act shall not be annulled by the Legislature. Approved, Febiuary 17, 1832. Laws of 1835, Chap. 550. An Act additional to an " Act to incorporate the Calais Railway Company." Sect. 1. Be it enacted, ij'c That there be and hereby is granted to the proprietors of the Calais Railway Company, a further extension of time, in which to make and complete said Rail- way, of three years from and after the time limited for that purpose in the charter of said corporation, and that said Act be and the same is hereby revived and shall be and continue in full force in the same manner as if the limitation in said original Act had not expired before the passing of this Act. Sect. 2. That Neal D. Shaw, Luther Brackett, and Seth Emerson be and they hereby are associated with the original corporators and considered and deemed as members of said MAINE. / original corporation, entitled to all the rights, privileges, and im- munities, and subject to all the duties, liabilities, and requirements contained in the Act to which this Act is additional. Sect. 3. That the extension of time granted in the first section hereof, is upon the condition that the proviso contained in the fifth section of the original Act incorporating said company, and the tenth section of said Act, shall be considered repealed, and as in no manner restraining the Legislature from passing any Act, relative to said company, or Act of incorporation, which they might have passed, if said proviso and said tenth section had never been a part of said act. Sect. 4. That any two of the persons named in said original Act, or in this additional Act, may call the first meeting of said corporation in the manner prescribed in the eighth section of said original Act. Approved, March 10, 1835. Laws of 1837, Chap. 373. An additional Act to incorporate the Calais Railway Company. Sect. 1. Beit enacted, S^c. That the proprietors of the Calais Railway Company be and hereby are authorized to make, com- plete, and extend a Railway from some point at Salt Water Village, so called, in said Calais, that shall intersect the Railway leading from said village to Milltown Village, so called, to some point at or near Bog Brook, so called, in said Calais. And said corporation shall be invested with all the powers and privileges, and be sub- ject to all the liabilities in the Statute of February the sixteenth, eighteen hundred and thirty-six, entitled " An Act concerning cor- porations" and in the Statute of March the first, eighteen hundred and thirty-six, entitled " An Act defining certain rights and duties of Railroad corporations." Provided that said Railroad shall be so constructed as not to interrupt or impede the free passage to and from the river adjacent thereto. Sect. 2. That a toll be, and is hereby granted and established, for the sole benefit of said corporation, upon all passengers and property of all descriptions, which may be conveyed or transported upon said road, at such rates as may be established from time to time, by the Directors of said corporation. And the transportation of persons and property, the construction of wheels, the forms of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to 8 CALAIS RAILWAY COMPANY. such rules, regulations, and provisions as the Directors shall from time to time prescribe and direct ; and said road may be used by any person or persons, corporation or corporations, who shall com- ply with such rules and regulations : Provided^ that after ten years from the completion of said Railroad whenever the profits arising from tolls, or otherwise, shall exceed the amount of twelve per centum per annum on the actual cost of said Railroad, after deducting all necessary disbursements in conducting its operations, then the Legislature shall from time to time have the right so to reduce such tolls as may have been established, not below the rate of twelve per centum per annum as aforesaid, as may be judged expedient. And the books of said corporation, shall, at all times, be open to the inspection of the Governor and Council ; and of any committee duly authorized by the Legislature. Sect. 3. That the Directors of said corporation for the time being, are hereby authorized to erect toll houses, establish gates, appoint toll gatherers, and demand toll upon the road when com- pleted, and upon such parts thereof as shall from time to time be completed. Sect. 4. That if any person shall wilfully, maliciously, or wantonly and contrary to law obstruct the passage of any carriage on said Railroad, or in any way spoil, injure, or destroy said Rail- road or any part thereof, or any thing belonging thereto, or any material or implement to be employed in the construction or for the use of said Road, he, she, or they, or any person or persons assisting, aiding, or abetting such trespass, shall forfeit and pay to said corporation for every such offence, treble such damages as shall be proved before any Justice, or any Court proper to try the same, by the Treasurer of the corporation, or other officer whom they may direct, to the use of said corporation ; and such offender or offenders shall be liable to indictment by the Grand Inquest of the County, for any offence or offences, contrary to the above pro- visions ; and on conviction thereof, before any Court of Common Pleas, to be holden in said County, shall pay a fine not exceeding one hundred dollars, to the use of the State, or may be imprisoned for a term not exceeding one year, at the discretion of the Court before whom the conviction may be had. Sect. 5. That if said corporation shall fail to make and com- plete said Railroad, within four years from the time of the passing this Act, then the same shall be null and void. Sect. 6. That said corporation, after they shall commence the MAINE. y receiving of tolls, shall be bound at all times to have said Railroad ill good repair, and a sufficient number of suitable carriages and vehicles for the transportation of persons and articles, and be obliged to receive at all proper times and places and convey the same when the appropriate tolls therefor shall be paid or tendered, and a lien is hereby created on all articles transported for said tolls. Approved March 28, 1837. Latvs of 1838, Chap. 409. An Act additional to "an Act to incorporate the Calais Railway Company," and to change the name thereof. Sect. 1. Be it enacted^ S^'c. That a further time of two years from and after the time specified by an Act of the Legislature of this State, passed the tenth day of March, in the year of our Lord one thousand eight hundred and thirty-five, shall be allowed to the proprietors of the Calais Railway Company to comply with the conditions of their charter, without forfeiting the same or losing any privileges or immunities granted to said company by said Act. Sect. 2. That the name of the "Calais Railway Company," be and the same hereby is changed to the name of the " Calais Railroad Company." Approved^ February 22, 1838. Laws of 1849, Chap. 238. An Act additional to an Act to incorporate the Calais Railway Company and the several Acts additional thereto. Sect. 1. Be it enacted, cj-c. The name of the Calais Railroad Company is hereby altered and changed to the Calais and Baring Railroad Company. Sect. 2. The said company may take in any way by which they now are, or may be authorized to do so, and hold any estate, real or personal, not exceeding at any one time, the amount of two hundred thousand dollars, and the same may from time to time, lease, sell, and convey at pleasure ; and each stockholder shall be entitled to as many votes as he has shares. Sect. 3. Said company may, and they hereby are authorized to extend their said road up the Schoodiac River, and in the vicinity of it to Vance's boom, so called, above the toll-bridge in Baring; and also to extend it from its present easterly termination, down said river, over and in the vicinity of it to any place not below 10 BANGOR AND OLDTOWN RAILWAY COMPANY. Burnt Point, so called, in said Calais ; and to extend from such parts of said road so extended as may be found convenient, such branches as they may deem necessary or useful, no one of which branches shall exceed one hundred rods in length from the main trunk. Sect. 4. For any services said company may perform, they may demand and collect such toll or compensation as they shall, by their by-laws determine, and collect it in advance or otherwise ; and in addition to their other remedies therefor, shall have a lien on all the property concerning or in reference to which said service may have been rendered, for said toll or compensation, which, if said compensation be delayed for ten days, they may make avail- able by sale thereof at auction on posting seven days' notice thereof before the sale, in the town where the property is landed ; stating the amount claimed, for what, the place, day and hour of sale, and substantially a description of the property to be sold as near as can conveniently be done. Sect. 5. All the acts, doings, and proceedings of said Calais Railroad Company are hereby declared, made valid, and established to all intents and purposes, notwithstanding any defect in the noti- fying or calling any of the meetings of said company or the pro- ceedings therein. Sect. 6. The seventh section of the original act incorporating the Calais Railway Company, approved the seventh day of Feb- ruary in the year of our Lord eighteen hundred and thirty-two, so much of the first section of said act as limits the charter thereof to thirty years, and all other acts and parts of acts as are inconsistent with the provisions of this act are hereby repealed. Approved July 26, 1849. BANGOR AND OLDTOWN RAILWAY COMPANY. INCORPORATED IN MAINE IN 1832. Chapter 276 of the Special Laws of 1832 contains the Charter. Sect. 1 grants corporate powers for the term of fifty years. Sect. 2 describes the location, and authorizes them to take land and materials for the purposes of the road, by paying danaagcs to be estimated and recovered as in laying out highways ; and provides that, unless the road be completed within six years from the passing of this Act, the grant shall be void. MAINE. 11 Sect. 3 divides tlie capital stock into 1000 shares, vests the government in nine directors, and provides for the choice of officers, and authorizes the Company to make by-laws not repugnant to the laws of the State. Sect. 4 empowers the Company to hold real and personal estate for the purposes of the road, and to make assessments on the shares. Sect. 5 provides that any person wilfully placing obstructions on the road or injur- ing the Company's property, or any person abetting therein, shall forfeit to the Company treble the amount of damages, to be recovered in an action, and shall be liable to indictment, and fine or imprisonment. Sect. 6 appoints the time of the annual meeting, when directors shall be chosen, and directs the mode of organization. Sect. 7 establishes the manner of crossing any private or public way ; and authorizes them to lay out private or public ways notwithstanding this Act. Sect. 8 grants a toll and fixes the rates of toll ; it requires that, after commencing to receive tolls, they shall keep the road and vehicles in good order, and transport passengers and articles ; it authorizes the Legislature, at the end of ten years, to regulate the rates of toU. Chapter 110 q/" the Special Laws q/" 1836 contains an Act in addition to the foregoing. Sect. 1 authorizes the Company to construct branch railways across the main Penobscot River to Milford Village. Sect. 2 empowers the Company to collect tolls and establishes the rates of toll : providing, after the expiration of ten years, the Legislature may reduce the rates, so that the net profits of the road shall not exceed 12 per cent, on its cost. Sect. 3 requires them to transport all articles at said rates of toll. Sect. 4 directs that their books shall be open to the inspection of the Governor and Council, and any Committee of the Legislature; and at the end of 10 years from the completion of the road, the Treasurer shall exhibit their net profits, imder oath, to the Legislature. Sect. 5 empowers the Company to make by-laws not repugnant to the laws of the State : and pro-slides, if one half of the road be not graded in the ensuing season, that this Act and the preceding Act shall be void. Sect. 6 provides that the guardian of an infant or person non compos mentis, a feme covert, whose husband is under guardianship, and his guardian, may release claims for land damages. Sect. 7 gives to said Company and other companies the right to make crossings in a certain manner. Laws of 1832, Chap. 276. An Act to incorporate the Bangor and Oldtown Railway Company. Sect. 1. Be it enacted, ^c. That Ira Wadleigh, Charles Rams- dell, Isaac Damons, Ford Whitman, Amos M. Roberts, Eben- ezer French, with their associates, successors, and assigns be and hereby are created a corporation by the name of the Bangor and Oldtown Railway Company, and shall so continue for the space of fifty years from the passing of ^his Act, and by that 12 BANGOR AND OLDTOWN RAILWAY COMPANY. name may plead and be impleaded, use a common seal, and shall have all the powers and immunities necessary to carry the pur- poses of this act into effect. Sect. 2. That said corporation be and hereby are authorized to locate, construct, and maintain a railroad from some point in or near the village of Bangor to some point in or near the village of Oldtown in the County of Penobscot, extending by or through the village of Stillwater, in such mode as they may deem most expedient, to layout their road as wide as they judge necessary and for the purpose of embankments, cutting stone or gravel to take as much more land as may be necessary for the proper con- struction and security of said road ; Provided, that said corporation shall be holden to pay all persons and corporations the damages they may sustain by the taking of said land or materials, to be estimated and recovered in the manner provided by law for recov- ering damages happening by the laying out of highways. But this grant shall be void, unless said Railroad be constructed and finished within six years from the passing of this Act. Sect. 3. That the capital Stock of said corporation shall con- sist of one thousand shares. The immediate government and direction of the affairs of said corporation shall be vested in nine Directors who shall hold their office for one year and until others are chosen in their room, and a majority of them shall form a quorum for transacting business. They shall elect one of their number for President of the Board of Directors and of the corpora- tion, and may choose all necessary officers, and the said corpora- tion may make by-laws for the management of their affairs, not repugnant to the laws of the State. Sect. 4. That said corporation are hereby authorized to pur- chase and hold land and all other things necessary for the con- struction and use of said road, and make assessments on the shares and collect the same as in their by-laws they may pro- vide. Sect. 5. That if any person shall wilfully and unlawfully obstruct the passage of any carriage on said Railroad or in any way injure or destroy said road or any part of it or any works belong- ing thereto, or any materials or implements to be employed in the construction or for the use of said road, he or any person aiding or abetting in said trespass shall for every offence pay treble the damages to be recovered to the use of said corporation in an action brought by their Treasurer, and be liable on presentment to be MAINE. 13 punished by a fine to the use of the State not exceeding one hundred dollars or imprisonment not exceeding one year, at the discretion of the Court. Sect. 6. That the annual meeting of the members of the cor- poration shall be holden on the second Tuesday of April at such hour and place as the Directors may designate, at which meeting the Directors shall be chosen by ballot, allowing one vote to every share, but no member to be allowed more than forty votes. And the three persons first named, or any two of them, are authorized to call the first meeting of the corporation by publishing the time and place thereof three weeks successively in some newspaper printed in Bangor, at which meeting Directors may be chosen and all other corporation business transacted. Sect. 7. That if said Railroad shall cross any public or private way, it shall be so constructed as not to obstruct the safe and con- venient use of said public or private way. And this Act shall not be so construed as to prevent the County Commissioners of said County or the Selectmen of any town from laying out public or private ways, whenever common convenience and necessity shall require the same. ^ECT. 8. That there be and hereby is granted to said corpora- tion a toll for the articles conveyed upon said Railroad at the rates following: viz. sawed lumber fifty cents per thousand feet; clap- boards per thousand, forty cents ; shingles per thousand, ten cents ; laths per thousand, twelve cents ; bark per cord, fifty cents ; wood per cord, seventy-five cents ; hay per ton two dollars ; merchan- dise per ton, two dollars for transportation from Bangor village to Oldtown village or from Oldtown village to Bangor village. And for each passenger conveyed the same route forty cents. For con- veying articles and passengers between Bangor and Stillwater villages, from one of said villages to the other, the rates shall be as follows : viz. sawed lumber per thousand feet, twenty-five cents ; clapboards per thousand, twenty-five cents; shingles per thousand, eight cents ; laths per thousand, ten cents ; bark per cord forty cents ; wood per cord, sixty-seven cents ; hay per ton one dollar and fifty cents ; merchandise per ton one dollar twenty-five cents ; passengers twenty-five cents each. The tolls for all other arti- cles conveyed from one to another of said villages, and also the tolls for conveying passengers and articles for any intermediate distances, shall be proportionate to the foregoing rates. And said corporation, after they shall commence the receiving of tolls shall 2 14 BANGOR AND OLDTOWN RAILWAY COMPANY. be bound at all times to have said Railroad in good repair, and a sufficient number of suitable carriages and vehicles for the trans- portation of persons 'and articles, and be obliged to receive and convey the same whenever the appropriate tolls therefor shall be paid or tendered. But after ten years from commencing the taking of tolls the rates thereof shall be subject to be altered and regu- lated at the pleasure of the Legislature. Apjjroved, March 8, 1832. Laws of 1836, Chap. lia. An Act additional to an Act, to incorporate th.e Bangor and Oldtown Railway Company. Sect. 1. Be it enacted^ S^c. That said Corporation be, and they hereby are authorized to construct and maintain such turn- outs and branch Railways as may be necessary for the conveni- ence of said Corporation, and for the accomodation of mills which are or may be situated within two hundred rods of the main track of said road, provided such branch Railways and turnouts may extend across the main Penobscot River, to Milford village, at or near Oldtown village, and at no other place. Sect. 2. That said Corporation be, and is hereby authorized to receive such tolls as may be agreed upon by the parties for trans- portation upon such Railway, Provided however^ that said Corpo- ration shall not exact and receive more than the following rates ; to wit : For the transportation of sawed lumber, board measure, from the mills at Oldtown to Bangor, per thousand feet, one dollar and thirty-three cents ; clapboards per thousand, eighty cents ; laths per thousand, twenty-five cents ; shingles per thousand, fifteen cents — For transportation of sawed lumber, from Still- water Mills to Bangor, per thousand feet, one dollar ; and for other lumber of the description aforesaid, in the same proportion ; and those rates to be the bases for intermediate distances exceeding five miles — For each passenger from Bangor to Oldtown or from Old- town to Bangor, forty cents ; and for each passenger from Bangor to Stillwater, or from Stillwater to Bangor, thirty-three cents — For merchandise and other articles a toll not exceeding fifteen cents per ton per mile. And a lien is hereby created on all articles so transported for the toll and expenses of transportation. And the tolls aforesaid shall be subject to the control of the Legislature, from and after the expiration of ten years from the completion thereof. Provided^ said tolls shall not be so far reduced by the Legis- MAINE. 15 lature, as to render the net profits of said Railway, after deducting all necessary expenses, less than twelve per cent, upon the cost of said Railway, taking the five preceding years as the basis of calcu- lation. Sect. 3. That said Corporation shall at all times, when said Railroad is passable, be bound and holden to transport all lumber or other articles, at the tolls named in the second section of this Act. Sect. 4. That the Books of said Corporation, shall, at all times, be open to the inspection of the Governor and Council, and of any Committee duly authorized by the Legislature ; and, at the expi- ration often years from the completion of said Railroad, the Trea- surer of said Corporation shall make an exhibit under oath to the Legislature of the net profits derived from said Railroad. Sect. 5. That said Corporation may make such by-laws as may be necessary for the management of their affairs, not repugnant to the laws of this State ; and if one half the labor of grading said Road shall not be performed the ensuing season, then this Act, and the Act to which this is additional, shall be void. Sect. 6. That when said Corporation shall take any land, or other estate, as authorized by the Act to which this is additional, of an infant, person no7i compos mentis, or feme covert whose hus- band is under guardianship, the guardian of such infant, or person non compos mentis, and such feme covert with the guardian of her husband, shall have full power and authority to agree and settle with said Corporation for damages, by reason of taking such land or estate as aforesaid, and give good and valid releases and dis- charges therefor. Sect. 7. That the Bangor and Oldtown Railway Company, the Bangor and Piscataquis Canal and Railroad Company, and the Penobscot River Railroad Company shall severally have the right to pass over or under, or to cross at grade, any Railroad, belonging to either of said Corporations which may be constructed, within the village of Oldtown, in a manner not to injure such Railroad, or impede the travel thereon. Provided, That nothing in this section shall be construed, as giving the Bangor and Piscataquis Canal and Railroad Company, any right to cross the track of the Bangor and Oldtown Railway, unless they have the right by their present charter to go to Oldtown village : nor any right to the Penobscot River Railroad Company, unless the right to go to Oldtown village has been, or may be granted said Company in their Charter. Approved March 15, 1836. 16 BANGOR AND PISCATAQUIS CANAL AND RAILROAD COMPANY. BANGOR AND PISCATAQUIS CANAL AND RAILROAD COMPANY. « INCORPORATED IN MAINE IN 1833. Chapter 307 of the Special Laws of 1833 contains the Charter. Sect. 1 grants corporate powers for the term of fifty years. Sect. 2 vests the government in not less than five directors. Sect. 3 provides for the choice of officers. Sect. 4 describes the location, authorizes them to lay one or more sets of rails, and to continue their road to slate quarries in Williamsburg, by railroad or other natural or artificial communication, with the consent of the proprietors thereof, and to or near the Piscataquis, Sebec, or Pleasant Rivers, or other places ; it requires them to file a location of the route selected with the Clerk of the Courts in the County ; it authorizes them to take and hold land, and materials thereon for the construc- tion of the road, paying damages, if not agreed upon, to be assessed by the county commissioners ; it provides that the grant shall be void as to any part of the roads or lines of communication aforesaid not commenced within six years herefrom and completed within ten years thereafter ; it makes the stockholders, in case of a deficiency in the funds of the Company to pay land damages, personally liable therefor according to the amount of their shares. Sect. 5 authorizes them to cross streams and roads, to raise or lower any public or private way or highway, and to divert, if necessary any watercourse ; but, as soon as may be, they shall restore said watercourse, and repair said road or highway, and shall maintain all bridges, and pay damages to be assessed as aforesaid. Sect. 6 empowers them to construct canals, locks, dams, or other works, without ob- structing or preventing others from using any pond or stream, and within certain limits ; and such works shall be considered part of this Company and be subject to the provisions of this Act. Sect. 7 authorizes them to unite their road with that of any other Railroad or Canal Company. Sect. 8 empowers them to hold real estate, and personal estate, sufficient for the purposes of the road, and make all necessary regulations for the road provided they are not repugnant to the laws of the State. Sect. 9 establishes the mode of estimating land damages, provides that this Act shall be construed as a public Act, and authorizes the guardian of any infant or person non compos mentis to release claims for land damages. Sect. 10 provides that any person wilfully obstructing the road or injuring any prop- erty of the Company shall pay therefor treble the damages. Sect. 11 provides that the capital stock shall consist of $300,000 in shares of $100 each, entitling the holder to a vote for each share ; it authorizes making additional shares, if necessarj^, to be proportionally distributed among the original stock- holders. Sect. 12 defines the powers and duties of the President and Directors, directs the mode of transferring shares, and makes them hablc to legal process. Sect. 13 authorizes the Directors to prescribe the time and manner of making assess- ments on shares, not exceeding $100 on each, and to sell shares for non-payment of assessments, after notice. MAINE. 17 Sect. 14 empowers the Company to regulate the rates of toll, not to exceed certain terms, reserving to the Legislature the power to reduce them, after 10 years from the completion of the road ; it requires the Treasurer, then, and annually there- after to render, under oath, into the office of the Secretary of State an account of the receipts and expenditures of the road, in default thereof being liable to a penalty ; it requires that their books and accounts shall be open to the inspection of a committee of the Legislature. Sect. 15 provides that this Act shall not prevent the incorporation of any other Com- pany for similar purposes, or the laying out of any private or public way. Chapter 65 of the Special Laws of 1840 contains an additional Act, Sect. 1 authorizes them to extend their road in Oldtown Village to Oldtown Falls, and across Penobscot River to Milford. Sect. 2 empowers them to take and use lands necessary for the road, as provided in Section 4 of the original Act : providing this Act shall be void, if said extension be not completed within six years herefrom ; and that no bridge or mills shall be affected thereby, without the consent of the owners, nor shall any bridge be erected, but for the use of the Company. Chapter 124 of the Special Laws of 1843 contains an additional Act. It exempts the Railroad from Bangor to Oldtown, built by this Company, from the operation of Section 6 of an Act relating to Railroads, passed March 7, 1842, Chapter 77 of the Special Laws of 1847 contains an additional Act. Sect. 1 extends the provisions of the original Act for 10 years from the date of this Act, so far as it may apply to the road already located in Oldtown, Orono, and Bangor, and as may be necessary to enjoy the provisions of this Act. Sect. 2 authorizes an extension of the road, six rods in width, to any place in Old- town and thence to Milford and Bradley, and the construction of embankments, abutments, and piers for that purpose ; also a deviation from the present line, not exceeding four miles from Bangor, so as to reach navigable waters in the Penobscot River ; also the construction of piers and wharves, provided they do not obstruct navigation, and provided the consent of the City of Bangor be obtained before they cross any streets there. Sect. 3 fixes the Capital Stock at ,$600,000, in shares of $200 each. Sect. 4 provides that all said corporate powers shall enure to the benefit of the own- ers of the property, and directs the mode of organization. Sect. 5 authorizes them to connect with any Company, for internal improvement on the Penobscot River or the Piscataquis River. Laws of 1833, Chap. 307. An Act to incorporate the Bangor and Piscataquis Canal and Railroad Company. Sect. 1. Be it enacted, <,yc. That Moses Greenleaf, Henry W. Fuller, Benjamin P. Gilman, Joseph Lee, Francis Brown, Ebene- 2* 18 BANGOR AND PISCATAQUIS CANAL AND RAILROAD COMPANY. zer Greenleaf, Stephen Palmer, David Shepherd, Mark G. Pitman, and Henry K. Adams, their associates, successors, and assigns, be, and they hereby are, made a body politic and corporate, by the name of the Bangor and Piscataquis Canal and Railroad Company, and shall so continue for the term of fifty years ; with all the powers and privileges incident to similar corporations, so far as may be necessary to carry into effect all the purposes of this Act. Sect. 2. That the powers of said Company shall, except at any legal meeting thereof, be vested in a board of not less than five Directors, one of whom shall be President, and a majority of whom shall be a quorum. The Directors may be chosen at the first meet- ing of the Company, and afterwards shall be chosen annually, at such time as their by-laws may determine, and, as also other officers, shall, unless sooner removed, hold their offices for one year, and until others are chosen and qualified in their stead. Sect. 3. That the Directors shall annually elect a President, and may elect a Vice President, Secretary, Treasurer and any other officers, as their by-laws may prescribe, and may also re- move them at pleasure, and fill all vacancies at any time. The Company may also remove Directors and fill vacancies in the Board and any other offices; and limit and direct the exercise of their powers. Sect. 4. That said Company may survey, lay out and mark, construct, alter, maintain, improve, enlarge, repair, and rebuild a Railroad or roads, with one or more sets of rails or tracks, with all suitable bridges, viaducts, turn-outs, culverts, drains, and all other necessary appendages, to form a fine of communication from any place or places on or near the tide waters of Penobscot River in the town of Bangor, or any other place on said tide waters, to any or all of the quarries or natural deposits of slate in the town of Williamsburgh, either by a continued line of Railroad, or by in- terrupted lines connecting with any other natural or artificial com- munication ; Provided^ That they shall not connect their Railroads with any other artficial communication without the consent of the proprietors thereof; and they may also, either by continued or in- terrupted lines, construct branches to extend their line of commu- nication to any town or place on or near the waters of the Piscata- quis, Sebec, or Pleasant Rivers, or their respective branches, and to any other place or places in the counties of Penobscot or Somerset, lying west of Penobscot River, or north of the waters of Pleasant River. And when they shall have finally surveyed and adopted MAINE. 19 any section or division of their line or lines of communication, they shall deposit in the office of the Clerk of the judicial Courts in the Comity wherein the same lies, a description of the same, which said clerk shall cause to be recorded and kept as other public records of like nature. And, for the purposes aforesaid, and for the convenient accommodation of said Railroads and their appurtenances, and of the persons and property which may be transported thereon or connected therewith, the said Company may enter upon, take, use, and occupy any lands or other real estate which they shall find necessary; and they shall also have the right to take, remove, and use, for the construction and repair of said Rail- roads and appurtenances, any earth, gravel, stone, timber, or other materials, on or from the land so taken : Provided, however, that said land so taken shall not exceed four rods in width, except where greater width is necessary for the purposes of excavation or embankment ; and provided, also, that, in all cases, said com- pany shall pay for such lands, estate, or materials, so taken and used, such price as they and the respective owners thereof may mutually agree on ; and in case the parties shall not otherwise agree, then the said Company shall pay such damages as shall be ascertained and determined by the County Commissioners, in the same manner, and under the same conditions and limitations, as are by law provided in the case of damages by the laying out of highways ; but this grant shall be void except as to such parts of said Railroads or lines of communication as shall be commenced within six years from the passing of this Act, and completed with- in ten years thereafter. And if the estate of said Company, in its corporate capacity, shall not be sufficient to satisfy such damages, then the several Stockholders, each in proportion to his respective number of shares, shall be personally liable for the deficiency. Sect. 5. That said Company shall have power to construct and carry their Railroads on, over, or across any rivers, streams, bridges, roads, highways, or other roads or ways, and to construct any bridges or viaducts over or under the same ; and may raise or lower any public or private road or highway ; and, for the purpose of con- venience in constructing or repairing the same, may, for a time, turn any stream or watercourse ; but, in all such cases, they shall, as soon as may be, restore such stream or watercourse to its former passable state, as near as may be, and leave such road or highway in a safe and passable state ; and shall, at all reasonable times, maintain and keep in repair, all bridges or viaducts constructed by 20 BANGOR AND PISCATAQUIS CANAL AND RAILROAD COMPANY. them over or under such road or highway ; and shall pay all damages, if any there be, to any party injured ; to be ascertained as in this Act provided in cases of damage by taking land or mate- rials. And they shall in no case construct or carry their road or other works on, over, or across any other road or highway in^such manner as to prevent, interrupt, or impede the travel or transporta- tion thereon ; nor shall any other road or works be authorized or allowed to occupy the ground which may be finally adopted by said Company for their road or other works, in such manner as to pre- vent, interrupt, or impede the construction, repair, and maintenance of said Railroads or other works, or the access to, travel, transpor- tation, or deposit thereon. Sect. 6. That said Company may construct any canals, locks, dams, sluices, inclined planes, machines, booms, or other works which they may judge necessary to improve or facilitate the trans- portation or communication by water, on the Dead Stream, Sebec, or Pleasant Rivers, or any of the branches or waters thereof: and they may use any of the natural lakes, ponds, or waters thereof, as parts of their lines of communication ; Provided, That this shall not be taken or construed so as to obstruct or prevent any other person or persons from making any lawful use of the same lakes, ponds, or waters ; nor to authorize said Company to construct any canal in any place westward of the waters of Pleasant River. And all such canals, locks, dams, sluices, inclined planes, machines, booms, or other works, shall be considered as parts of and pertain- ing to, the Railroads or lines of communication of said Company; and they shall enjoy the same rights, powers, and privileges, and be subject to the same conditions and liabilities in relation thereto, as are in this Act provided in relation to said Railroads or their appurtenances. Sect. 7. That said Company shall have power to unite their Railroads, or any branches or parts thereof with those of any other Railroad or Canal Company, at such points in said counties, and on such terms and conditions as the parties interested may mutu- ally agree on. Sect. 8. That said Company may procure, purchase, and hold in fee simple, improve and use for all purposes of business to be transacted on or by means of said Railroads, Canals, or other works, any steam, or other engines or machines, horses, cars, or other carriages, boats, or other vehicles, lands, or other real estate, and the same may manage, sell, or otherwise dispose of, as they may MAINE. 21 see fit ; they may also regulate and determine the kind and num- ber of carriages or vehicles which may be used on their roads, canals, or other works ; — the mode of propelling them ; the times and rates of speed of their movements ; and the conditions on which the same may be used on said roads, canals, or other works, and persons and articles of any kind be conveyed on the same: Provided, That they shall not be repugnant to the laws of the State. Sect. 9. That all damages claimed or adjudged for the taking and use of any materials, land, or other estate by virtue of this Act, shall be estimated according to the value which they possessed in- dependently of the effect of this Act; and any value which may, by the effect of this Act, be adjudged to be added to the value of any estate, shall be considered and allowed in offset to any damage adjudged to be done to the same estate, so far as to the amount of such damage, but no farther. And, in all legal proceedings, this Act shall be taken and considered to be a public Act. And when the lands or other estate of any infant, or person non compos mentis, shall be taken or damaged for the purposes of this Act, the guardian of such infant or person may settle, commute, release and discharge all damages or claims for damage in relation thereto. Sect. 10. That if any person shall knowingly and wilfully commit any Act by which any part of said Railroads, or of the appurtenances or property of said Company shall suffer damage or impediment, or by which the use, improvement, transit, or deposit of any property passing or to be transported on any part of said Railroads or lines of communication shall be prevented or impeded, or such property injured or destroyed, the person so offending shall pay treble damages to all parties injured. Sect. 11. That the capital stock of said Company may consist of three hundred thousand dollars, and shall be divided into shares of one hundred dollars each, to be holden and considered as per- sonal estate ; and each share shall entitle the owner thereof to one vote, and as many votes as he has shares; and he may vote, either in person or by proxy, in all meetings of the Company; and all questions shall be determined by the majority of votes present, in person or by proxy, at any meetings. And if the Directors shall find that said amount of capital stock shall not be sufficient to complete all the purposes authorized by this Act, they may, by the creation of additional shares of like amount, increase their capital stock to such sum as they may deem necessary to complete 22 BANGOR AND PISCATAQUIS CANAL AND RAILROAD COMPANY. said purposes ; and the holders of the original shares shall sever- ally have right to subscribe for and hold such additional shares in proportion to the number of original shares by each respectively holden ; or they may be otherwise disposed of, as the majority of the company at any legal meeting may determine. Sect. 12. That the President and Directors shall, from time to time, prescribe the form of the evidence or certificates of shares, and the manner and conditions of transferring the same ; and all certificates or other evidence of shares and of transfers of the same, shall be recorded on the books of the Company ; and no transfer of shares shall be deemed complete, and valid as against creditors, until the evidence thereof shall be filed with the recording officer of the Company. All shares shall be liable to all legal process, in the same manner as shares in Turnpike or Bridge corporations are by law liable. Sect. 13. That the President and Directors may, from time to time, make and prescribe the amount of assessments to be paid on each share, and the time and manner of payment ; but they shall in no case make assessments greater than, with all preceding assess- ments, shall be sufficient to make up in the whole the sum of one hundred dollars on each share ; and in case the assessments due on any share shall not be paid within ninety days from the time of such reasonable notice as shall be prescribed in the by-laws, then such share, with all the sums and assessments which shall previ- ously have been paid thereon, shall be forfeited to the use of the Company, and may be sold at public auction, or otherwise disposed of, as the Company shall see fit. Sect. 14. That said Company shall have power, from time to time, to establish, alter, demand, collect, and receive such rates of tolls for the right or permission of persons, goods, wares, merchandise, tolls or any articles, to use, pass, or be transported on said Railroads, Canals, Locks, Sluices, or Inclined Planes, or on any parts or branches thereof; and they may graduate, commute, and regulate the same from time to time as they see fit ; and they shall have a lien on all articles transported on said Roads, Canals, or other works, for the payment of all tolls and expenses of transportation : Provided, however, that the rates of said tolls shall be so grad- uated as not to exceed an average rate of twenty cents per ton per mile for any distance of five miles, nor an average of fifteen cents per ton per mile for the whole length of said roads : And provided, alsO; that at any time after ten years from the completion of said MAINE. 23 roads, the Legislature may reduce or increase said rates of tolls at its pleasure. And when said Railroad or other works shall be completed and in operation, the Treasurer of said Company shall, on or before the first day of February then next, and also annu- ally thereafter, deposit in the office of the Secretary of State, a true statement, under oath or affirmation, of the amount of capital stock paid in, expenditures, debts, and pecuniary liabilities of said Company, and of the net proceeds of said tolls, for the time or year preceding ; and in default thereof shall pay, to the use of the State, such penalty, not exceeding five hundred dollars, as the Supreme Judicial Court may determine. And the books, accounts, and records of the Company shall at all times be open to the in- spection of any Committee appointed by the Legislature to exam- ine the same. Sect. 15. That nothing in this Act contained shall be taken or construed to prevent the Legislature at any time from incorpora- ting or authorizing any other Railroad or Canal Company, to con- struct any Railroad, canal, or other works similar to those allowed to said Company to construct, nor to prevent any County Commis- sioners or Selectmen of towns from laying out any public or pri- vate road or way. Approved, February 8, 1833. • Laws of 1840, Chap. 65. An Act additional to an Act to incorporate the Bangor and Piscataquis Canal and Railroad Company. Sect. 1. Be ii enacted, t^'c. That the proprietors of the Bangor and Piscataquis Canal and Railroad Company have power to ex- tend their Railroad, from the point where it now terminates at Oldtown village, to the mills on Oldtown Falls, and thence across Penobscot River to or near the mills in Milford. Sect. 2. That said Company shall have power to enter upon, take, use, and occupy any lands or other real estate which they may find necessary for the construction of said road, in the same manner as prescribed in section fourth of their original charter, be- ing subject to its provisions and penalties; Provided however, that this Act shall be void if said extension of the road is not completed within six years from the passage of this Act : and that no existing bridge or mills shall be taken or affected by said corporation, with- out the consent of the owner or owners thereof : nor shall any other bridge be erected by said corporation across the Penobscot River, 24 BANGOR AND PISCATAQUIS CANAL AND RAILROAD COMPANY. than such a one as may be necessary to sustain the rails or tracks of said road, and be for the sole use and accommodation of the same. Approved, March 16, 1840. Laws op 1843, Chap. 124. An Act additional to an Act incorporating the Bangor and Piscataquis Canal and Railroad Company. Be it enacted, <^c. The Railroad from Bangor to Oldtown, built under the charter of "the Bangor and Piscataquis Canal and Railroad Company," is hereby exempted from the operation of the sixth section of an Act relating to Railroads, passed March seventh, in the year of our Lord one thousand eight hundred and forty two. Apjiroved, March 24, 1843. Laws of 1847, Chap. 77. An Act additional to an Act to incorporate the Bangor and Piscataquis Canal and Railroad Company. Sect. 1. Be it enacted, (S^c. The provisions of the Act to which this is additional, passed February eighth, eighteen hundred and thirty-three, be and the same hereby are extended for the term of ten ye&rs from the passage of this act, with all the rights, privi- leges, and immunities, and subject to all the liabilities prescribed by the act aforesaid, so far as the same may apply to the Railroad already located in Oldtown, Orono, and Bangor, and so far as the same may be necessary to enable this corporation to extend, use, and enjoy said extended road as authorized by the provisions of this act. Sect. 2. That said corporation shall be entitled to extend their railroad or branches thereof six rods in width, to any place or places in the town of Oldtown and across the Penobscot River, from Oldtown to Milford and to Bradley, and for that purpose may build suitable embankments, abutments, and piers, and construct such bridges as may be necessary across said Penobscot River ; and may also deviate from the line of the present Railroad at a point not exceeding four miles from the city of Bangor so as to reach naviga- ble waters in the Penobscot River, by a route varying from that occupied by the present road ; and shall be authorized to build suitable piers in tide waters upon which to construct said Railroad, and also to build suitable wharves for the accommodation thereof; provided, said corporation shall not thereby obstruct the free navi- MAINE. 25 gation of said Penobscot River, nor shall said corporation, without having first obtained the consent of the city council of the city of Bangor, extend their road into any of the streets of said city. Sect. 3. The capital stock of said road shall be six hundred thousand dollars instead of the sum provided in the Act to which this is additional, and be divided into shares of two hundred dollars each instead of the sum provided in said Act. Sect. 4. All the rights, privileges, and immunities of this Act shall enure to the benefits of the owners of the property of the Bangor and Piscataquis Canal and Railroad Company or their assigns ; and Elbridge Harris of Bangor is hereby authorized and empowered to call a meethig of said owners or their assigns, to be held in Bangor, within six months from the passage of this Act by publishing a notice thereof in a newspaper printed in the city of Bangor, and also in a newspaper printed in the city of Boston, therein specifying the time and place of said meeting; at which meeting the said owners or their duly authorized agents or assigns are hereby authorized to proceed and organize said corporation by the choice of officers agreeably to the provisions of the Act to which this is additional, and such persons so organizing, with their asso- ciates, successors, and assigns shall constitute this corporation. Sect. 5. Said corporation is hereby authorized to connect their works with any other railroad, canal, or other incorporated line of internal improvement on the Penobscot River, or coming from the Piscataquis River. Approved, July 31, 1847. PORTLAND AND CAPE ELIZABETH COAL AND RAILROAD COMPANY. INCORPORATED IN MAINE IN 1834. Chapter 427 of the Special Laws of 1834 contains the Charter. Sect. 1 grants corporate powers for the purpose of searching, digging, and boring for coal and other fossil and mineral substances, on the farm in Cape Elizabeth owned by Abner Bagley, who shall receive such proportion thereof as may be agreed upon, or as three arbitrators shall award. Sect. 2 provides that the capital stock shall consist of 1000 shares, which shall be deemed personal property, and may be transferred by endorsement ; it authorizes the Company to make equal assessments on shares, to sell the shares for non- payment of assessments ; vests the government in nine directors, and provides for the choice of officers, it authorizes them to make by-laws, not repugnant to the 3 26 PORTLAND AND CAPE ELIZABETH COAL AND RAILROAD COMPANY. laws of the State, and to take and hold real and personal estate to the amount of $200,000. Sect. 3 describes the location of the road, and provides that the Company shall pay for land taken, damages to be assessed in the same manner as for highways. Sect. 4 appoints the time of the annual meeting, when directors shall be chosen, and establishes the manner of organization. Chapter 533 of the Special Laws of 1835 contains an additional Act. It provides that the number of directors shall be five, instead of nine, and that the Company's property shall be exempted from taxation for three years. Laws of 1834, Chap. 427. An Act to incorporate the Portland and Cape Elizabeth Coal and Railroad Company. Sect. 1. Be it enacted, <$^c. That Abner Bagley, Edward Howe, Woodbury Storer, Jonathan Dow, llufus Enrierson, Chris- topher Wright, EUphalet Greely, John S. Bagley, John Pennell, Moses Hall, Michael H. Bagley, and Nathan Howe, with their associates, successors, and assigns, be and hereby are constituted a corporation, by the name of the Portland and Cape Elizabeth Coal and Railroad Company, for the purpose of searching, digging, and boring for coal, and other fossil and mineral substan- ces, on the farm in Cape Elizabeth, owned by Abner Bagley ; who shall be entitled to receive such a proportion thereof, as he, and the said corporation may mutually agree upon ; or, if the parties shall not agree, he shall be entitled to receive such a proportion, as three impartial and disinterested men, mutually chosen by the parties, shall determine to be equitable; and for the purpose of erecting and maintaining such piers, wharves, buildings, and machinery, as may be convenient or necessary, for facilitating the various operations and purposes of this Act; and shall have all the powers, privileges, and immunities, and be subject to all the duties, liabilities, and restrictions of similar corporations. Sect. 2. That the capital stock of said corporation, shall con- sist of one thousand shares, certificates of which, shall be issued and signed by the president and treasurer thereof; and the said shares shall be deemed and taken to be personal estate, and may be transferred by endorsement ; and such transfer shall be recorded by the secretary, or clerk of said corporation. And the said cor- poration may make assessments on the shares, for the purpose of MAINE. 27 effecting the objects of the corporation. And if the proprietor of any share or shares, shall neglect or refuse to pay any assessment for the term of thirty days after the same hath become due, the share or shares on which there is a dehnquency, may be sold at public auction, in manner and form as the by-laws of said corpo- ration shall prescribe. The immediate government and direction of the affairs of said corporation, shall be vested in nine Directors, who shall hold their office for one year, and till others are chosen in their room, and a majority of them shall form a quorum for transacting business. They may elect one of their number for president of the board of directors and of the corporation. And said corporation, by the name aforesaid, may prosecute and defend suits at law, and have a common seal ; may make by-laws for the management of their affairs, not repugnant to the laws of the State, and may take and hold any estate, real or personal, to an amount not exceeding two hundred thousand dollars, and may sell and convey the same at pleasure; and all actions may be brought by their treasurer, in behalf of said corporation. Sect. 3. That said corporation be, and hereby are authorized to locate, construct, and maintain a railroad, from some convenient point near where coal, or other fossil or mineral substances may be found, extending to, and so far over the flats of Fore River, in such mode as they may deem most expedient, and may take as much land and flats as may be necessary for the proper construc- tion and security of said road, and for the erecting such piers and wharves, as may be necessary for the purposes of this Act : Provided^ That said corporation shall be holden. to pay all per- sons and corporations, the damages they may sustain by the taking of said land or flats, to be estimated and recovered in the manner provided by law, for recovering damages happening by the laying out of highways. Sect. 4. That the annual meeting of the members of the corpo- ration shall be holden on the second Tuesday of April, at such hour and place, as the directors may designate; at which meet- ing directors shall be chosen by ballot, allowing one vote to every share; and absent stockholders may vote by proxy authorized in writing, under such prescriptions as the by-laws may prescribe ; but no stockholder shall be entitled to more than forty votes ; and any one of the three persons first named in the first section of this Act, is authorized to call the first meeting of said corporation, by written notifications, placed in two conspicuous places in the city 28 PORTLAND MINING AND RAILWAY COMPANY. of Portland; at which meeting, directors may be chosen, and all other corporation business transacted. Approved, February 11 1834. Laws of 1835, Chap. 533. An Act in addition to "An Act to incorporate the Portland and Cape Elizabeth Coal and Railroad Companj'." Be it enacted, (^-c, That, instead of nine directors, as \i provided by the Act to which this is additional, said corporation shall have only five directors; and that all the property said company may employ and have in actual use in effecting the objects authorized and contemplated by said Act, shall be exempted from taxation for the term, of three years. Approved, February 18, 1835. PORTLAND MINING AND RAILWAY COMPANY. INCORPORATED IN MAINE IN 1834. Chap. 428 of the Special Laws of 1834 contains the Charter. Sect. 1 grants corporate powers : it authorizes them to make by-laws not repugnant to the laws of the State, to hold real estate to the amount of $50,000, and to pur- chase mining rights, and erect machinery and works necessary for their purposes ; provided they pay for land taken for their use, damages to be estimated in the same manner as in land taken for highways. Sect. 2 provides that the capital stock shall consist of not less than $100,000, in shares of $100 each, to be paid in instalments as the company may determine, provided such instalments do not exceed $100 on a share, said shares to be con- sidered personal property. Sect. 3 entitles shareholders to a vote for each share, provided no shareholder shall have more than fifty votes. Sect. 4 appoints the time of the first meeting, and the form of notice. Chap. 251 of the Special Laics of 1837 contains an Act authorizing said Company to create 100 new shares of $100 each. Laws of 1834, Chap. 428. An Act to incorporate the Portland Mining and Railway Company. Sect. 1. Be it enacted, 6^c. That Seth Mason, William Cam- mett, Andrew B. Mason, Daniel VVinslow, Joseph Noble, James B. Moore, Nathaniel Crockett and Samuel Small, and their asso- MAINE. 29 ciates, be and they hereby are, constituted and made a body pohtic and corporate by the name of the Portland Mining and Railway Company, with power to prosecute and defend suits at law ; to have and use a common seal ; to make and enforce such by-laws and regulations as they may see fit for the management of their affairs, not repugnant to the laws of the State ; and to purchase and hold real estate to an amount not exceeding fifty thousand dollars, and the same to sell and convey, and also to purchase the right of mining in such places and on such terms as may be agreed upon between the said corporation and the owners of the soil ; and to make and erect such railways, wharves, machinery and works, as may be necessary for the convenient management of the business of said corporation ; and the said company shall have and exercise all the powers and privileges usually granted to similar corporations : Provided however, That said corporation shall be liable to pay to the owners of land over which they may locate any railroad, a full and just compensation therefor, the damages to be estimated in the same mode, as are damages for highways. Sect. 2. That the capital stock of said company shall consist of a sum not exceeding one hundred thousand dollars, to be divided into shares of one hundred dollars each, and to be paid in at such times and by such instalments as the company may determine, Provided, That no instalment or assessment shall be required by which more than one hundred dollars shall be required to be paid in on a shg^e, and said shares shall be consid- ered in all respects as personal property. Sect. 3. That the holders of each share shall be entitled to one vote for each share, but no individual stockholder shall be entitled to more than fifty votes. Sect. 4. That the first meeting of said corporation may be called by any two of the persons named in this Act, by giving notice of the time and place thereof in one of the newspapers printed in Portland. Approved, February 11, 1834. Laws of 1837, Chap. 251. An Act additional to An Act to incorporate the Portland Mining and Railway Company. Be it enacted, 6^c. That the stockholders of the Portland Mining and Railway Company be and hereby are authorized to 3* 30 ORRINGTON CANAL AND RAILWAY COMPANY. create one hundred shares of one hundred dollars each in addition to the present stock of said company. Approved, February 21, 1837. ORRINGTON CANAL AND RAILWAY COMPANY. INCORPORATED IN MAINE IN 1834. Chapter 494 of the Special Laws of 1834 contains the Charter. Sect. 1 grants corporate powers, authorizing them to make by-laws not repugnant to the laws of the State, and to hold real and personal estate to the amount of $100,000. Sect. 2 empowers the Company to construct a canal to a certain point, and thence to have a canal or railway, as they shall determine, and describes the route ; provided they shall not take water for the canal to the injury of persons owning water privileges. Sect. 3 grants a toll, and establishes the rates of toll ; such tolls to commence and be payable when any part of the canal shall be passable ; and the Company shall have a lien on articles transported for their freight. Sect. 4 provides that any person wilfully injuring or destroying any part of said canal, or diverting or obstructing its waters, shall pay to the proprietors treble the amount of damages, to be recovered in an action. Sect. 5 authorizes the Company to erect mills and machinery. Sect. 6 provides that the damages arising from the location and construction of the canal, when not agreed upon, shall be submitted to three referees, and if they disagree, to the county commissioners, the decision of either to be final ; the pri- vate property of stockholders shall be held for such damages, in proportion to their interest in the Company. Sect. 7 enacts that if said canal shall not have been completed within three years from this date, the Act shall be void. Sect. 8 establishes the manner of organizing the Company. Laws of 1834, Chap. 494. An Act to incorporate the Orrington Canal and Railway Company. Sect. 1. Be it enacted, Sec. That Samuel Thatcher junior, Tim- othy George, Nicholas G. Norcross, and Joseph Doane, with their associates and successors be and they hereby are created a body politic by the name of the Orrington Canal and Railway Company with power to sue and be sued ; to have a common seal ; to make by-laws for the proper management of their affairs not repugnant to the laws of the State ; to take and hold real and personal estate MAINE. 31 to the amount not exceeding one hundred thousand dollars, and exercise all the powers and privileges incident to similar corpora- tions. Sect. 2. That the proprietors of said canal and railway, shall have power to lay out and make a canal, locks and dams on the route beginning at or near the foot of the Great Brewer Pond so called, thence extending northerly to Timothy George's mills in the town of Orrington in the county of Penobscot, and thence from said George's mills to continue said canal or railway on such route as may be deemed most suitable and convenient to the Penobscot River, said proprietors to use the water from said ponds for the purpose aforesaid. Provided, That said corporation shall not take water from said ponds for said canal to the injury of persons owning water privileges connected therewith. Sect. 3. That a toll shall be established and granted for the benefit of said corporation, according to the rates following, to wit : For the passage of pine or other soft wood lumber from the head of said canal to Timothy George's mills, fifteen cents for each and every thousand feet, board measure ; for the passage of ash plank or other hard wood stuff", twenty-five cents, for each and every thousand feet, board measure ; for each ton of pine or other soft wood timber, six cents; for each ton of hard wood timber, ten cents ; for each thousand of clapboards, twelve cents ; for each thousand of shingles, two cents ; for each thousand red oak hogshead staves, twenty cents ; for each thousand barrel staves, fourteen cents ; for each cord of wood or bark, thirty cents ; for all board logs, for every thousand feet board measure, sixteen cents ; masts and bowsprits, three tons each and over, twenty cents ; masts and bowsprits under three tons each, fifteen cents ; for the passage of each boat through said canal for each ton weight it is capable of carrying, if loaded, twenty-five cents, and if unloaded, for each ton, fifteen cents; and so in proportion for all lumber, goods, merchandise and other property transported through said canal, and ten cents for boats, lumber or property as before described for each lock the same may pass in addition to the toll aforesaid. And the following rates of toll are hereby allowed and established on the railway or canal to be constructed from George's mills to the Penobscot River as follows ; for the pas- sage of pine, or other soft wood lumber, twenty-five cents, for each and every thousand feet board measure ; for ash plank and other hardwood stuff", thirty-seven cents for each and every thou- 82 ORRINGTON CANAL AND RAILWAY COMPANY. sand feet, board measure ; for each ton of pine, or other soft wood timber, eight cents ; for each ton of hard wood timber, twelve cents ; for each thousand clapboards, eighteen cents ; for each thousand shingles, three cents ; for each thousand red oak hogshead staves, thirty cents ; for each thousand barrel staves, eighteen cents ; for each cord of wood or bark, fifty cents ; for all board logs, for every thousand feet board measure, twenty-five cents ; masts and bowsprits, three tons each and over, thirty cents ; masts and bow- sprits under three tons each, twenty cents; and for the passage of each boat through said canal for each ton weight it is capable of carrying, if loaded, forty cents, if unloaded, for each ton weight, twenty-five cents ; and so in proportion for all lumber, goods, mer- chandise and other property transported through said canal or Railway ; and for all boats or other property passing through each lock, ten cents in addition to the tolls aforesaid; which toll shall commence and be payable when any part of said canal or locks shall be passable for any of the articles aforesaid. And the said proprietors shall have a lien upoi> the property which may pass through said locks and canal or railway, for the payment of the toll due and payable thereon according to the rates of toll above specified. Sect. 4. That if any person or persons shall wilfully or mis- chievously destroy or injure said canal or any part thereof or diA^ert or obstruct the waters of the same, to the damage of the proprietors thereof, he or they shall pay treble the amount of such damage as the said proprietors may sustain by reason of said tres- pass, to be recovered before any court competent to try the same. Skct. 5. That the said corporation be and hereby are empow- ered to erect any mills or machinery on any part of said canal below George's mills, at or near such dams as they may construct for the use of said canals. Sect. 6. That if any person or persons shall have sustained injury by the location and construction of said canals and in case of any disagreement between such person or persons and said corporation, the subject of the damages shall be submitted to three disinterested persons ; and in case said referees should be unable to agree, the same to be submitted to the court of county commis- sioners of the county of Penobscot, the decision of either tribunal to be obligatory and final. And the private property of the indi- viduals concerned in the incorporation shall be holden for damages, to an amount equal to their respective interest therein. MAINE. 33 Sect. 7. That if the said proprietors shall neglect or refuse, for the space of three years after the passing of this Act, to open and complete said canal, then this Act shall be void. Sect. 8. That any two of the persons named in this Act are authorized to call the first meeting of the corporation, by giving fourteen days notice, in some newspaper printed in Bangor in said county of Penobscot, previous to the time of said meeting. Ap- proved March 8, 1S34. UNION RIVER CANAL AND RAILWAY COMPANY. Chapter 495 of the Special Laws of 1834 contains the Charte?: Sect. 1 grants corporate powers, for the purpose of improving the navigation of Union River, and of opening communication from the Falls to the tide waters on the river. Sect. 2 empowers them to take and hold real and personal estate not exceeding $75,000, to construct a canal or railway, or locks and sluices, being restricted to the objects of this grant; and to use, if they construct a canal, the waters of said river therefor, provided mill logs be allowed to pass unobstructed, and if locks are erected, free from toll. Sect. 3 grants a toll, and establishes the rates of toll ; said tolls to commence when the works are completed, and the corporation to have a lien on articles transported for their freight. Sect. 4 provides that any person wilfully destroying said works, or diverting or obstructing the waters, shall pay to the Company treble the amount of damages, to be recovered in an action. Sect. 5 directs that damages occasioned by the construction of these works shall be assessed, if not agreed upon, by three disinterested referees, and if they cannot agree, by the coxinty commissioners for the county of Hancock. Sect. 6 provides, if said works shall not be completed in six years herefrom, that this Act shall be void. Sect. 7 establishes the manner of organizing the Company. An Act to incorporate the Union River Canal and Railway Company. Sect. 1. Be it enacted, (^'c, That Joseph Otis, James Whiting, Jesse Button Junior, Joseph A. Wood, Francis Warner, William W. Chase, Solomon Jordan, John C. Jordan, Charles Peters, An- drew Peters, Jeremiah Jordan, Jesse Button, and Alfred Langdon, with their associates and successors, be and they hereby are, created a body politic by the name of the Union River Canal and Railway Company, for the purpose of improving the navigation of 34 UNION RIVER CANAL AND RAILROAD COMPANY. the Union River, and to open an easy communication from the head of the Falls on said river to the tide waters on the same with power to sue and be sued, have a common seal, and make any by-laws for the management of their aftairs not repugnant to the laws of the State, and to exercise all the powers and privileges mcident to similar corporations. Sect. 2. That said company shall have power to take and hold real and personal estate to an amount not exceeding seventy five thousand dollars, to lay out and survey either a canal or railway, or to construct locks and sluices, as may be deemed hereafter most convenient and beneficial for opening an easy communication from the head of the Falls on Union River to the tide waters of the same, in the county of Hancock; but the said corporation are hereby restricted in their powers, either to construct locks and sluices, or to make a canal or railway as they shall hereafter select, to accomplish the objects of this grant — And in case said corporation should construct a canal, instead of a railway, or locks and sluices, they shall have power to use the v/aters of said stream for the purposes aforesaid — Provided always, That the passage of the mill logs down the river, shall not be prevented and in case of the erection of locks, a passage shall be allowed them free of toll. Sect. 3. That a toll be, and hereby is, granted for the benefit of said corporation, according to the following rates; to wit: for the passage of pine, hemlock, or spruce lumber, fifty cents for each and every thousand feet board measure ; for ash plank and other hard wood stuff", seventy five cents for each and every thousand board measure ; for each ton of pine timber, twelve cents ; hard wood timber, seventeen cents per ton ; each thousand of clapboards, thirty cents ; each thousand of shingles, three cents ; each thousand of red oak hogshead staves, forty cents; each thousand barrel staves, twenty five cents; each cord of wood or bark, fifty cents ; every thousand feet board logs, board measure, thirty-five cents ; masts and bowsprits three tons each and over, fifty cents ; masts and bowsprits under three tons each, thirty five cents ; and for the passage of each boat, for each ton of weight it is capable of carry- ing, if loaded, sixty cents ; if unloaded, for each ton, thirty-five cents; and so on in proportion for all lumber, goods, merchandise, and other property transported from the head of said Falls to the tide waters aforesaid, through either of said works which may be constructed ; the said tolls to commence when either of the above- MAINE. 35 mentioned works shall have been completed and ready for the passage of any of the articles aforesaid. And the said corpora- tion shall have a lien on the property which may pass through and be transported to said tide waters, by means of said works, for the payment of the toll due and payable thereon, according to the rates above specified. Provided ahvays, That the foregoing rate of tolls may be hereafter modified at the pleasure of the Legis- lature. Sect. 4. That if any person or persons shall wilfully or mali- ciously destroy any part of said works or divert or obstruct the waters of the same to the damage of said company, he or they shall pay treble the amount of such damage as the said proprietors may sustain by reason of the said trespass, to be recovered before any court of competent jurisdiction. Sect. 5. That if any person or persons shall have sustained injury by the location and construction of the canal, locks, sluices, or railway as aforesaid, or by reason of the building of either, and in case of any disagreement between such person or persons and said corporation, the subject of the damages shall be submitted to three disinterested freeholders in the same county ; and in case of their being unable to agree, the same to be submitted to the court of county commissioners for the county of Hancock, the decision of either tribunal to be binding and final. Sect. 6. That if the said company shall neglect or refuse for the space of six years from and after the passage of this Act, to open, construct, and complete either of the said works contem- plated by this Act, then this Act shall be void. Sect. 7. That any three of the persons named in this Act, are authorized to call the first meeting of the corporation, by giving fourteen days notice in some newspaper printed in said county of Hancock, prior to the said meeting. Apjjroved, March 8, 1834. THE BRUNSWICK RAILROAD COilPANY. INCORPORATED IN MAINE IN 1835. Chapter 610 of the Special Lmws of 1835 contains the Charter. Sect. 1 grants corporate powers. Sect. 2 vests th.e powers in five directors, to be chosen annually. 36 THE BRUNSWICK RAILROAD COMPANY. Sect. 3 provides that the Directors shall annually elect officers, and make by-laws. Sect. 4 authorizes the Company to construct a railroad on the route described, and to take land necessary therefor, by paying damages occasioned thereby. Sect. 5 provides that the damages shall be estimated independently of this Act ; and when land of an infant or person non compos mentis shall be taken, the guardian may release the same. Sect. 6 provides that the capital stock shall be $40,000, in shares of $100 each; each share, to the number of 20, shall entitle the holder to one vote. Sect. 7 authorizes the Company to establish rates of toll, subject to being reduced, after 10 years from the completion of the road, by the Legislature. Sect. 8 provides, if said road cross a public highway, that it shall be so constructed as not to obstruct it. Sect. 9 directs the mode of calling the first meeting of the Company. Sect. 10 provides, if the road be not completed within five years herefrom, that this Act shall be void. Sect. 1 1 requires the Company, after commencing to receive tolls, to keep the road in good repair, jirovide suitable vehicles, and transport all persons and property thereon, toll being first paid or tendered. An Act to incorporate the Brunswick Railroad Company. Sect. 1. Beii enacted, <^'c. That Elijah P. Pike, Nathaniel Davis, Alfred J. Stone, Charles Stetson, Roger Merrill, Jordan Woodward, Benjamin Pennell, John S. Gushing and Solomon P. Cushman, their associates, successors, and assigns be and they hereby are made a body politic and corporate by the name of the Brunswick Railroad Company, with all the powers and privileges incident to similar corporations, so far as may be necessary to carry into effect all the purposes of this Act. Sect. 2. That the powers of said company shall, except at any legal meeting thereof be vested in a board of not less than five directors, who shall be chosen at the first meeting of the company, and shall afterwards be chosen annually at such time as their by- laws may determine, and shall hold their offices for one year and until others are chosen and qualified in their stead. Sect. 3. That the directors shall annually elect a president, secretary, treasurer, and any other officers which their by-laws may prescribe, and the company may establish such by-laws as they may see fit, not repugnant to the laws of the State. Sect. 4. That the said company may, and they hereby are authorized to locate and construct a railroad, from the Andros- coggin River near Brunswick village to some navigable waters of the Casco Bay, with one or more branches, as said company may find most expedient, and for this purpose the company are author- MAINE. 37 ized to locate the road four rods wide, and for the purpose of cutting embankments and for procuring stone and gravel, may take as much more land as may be necessary for the construction of the said road. Provided however — that all damages which may be occasioned to any person or corporations by the taking of such land or materials for the purposes aforesaid shall be paid for by the corporation. Sect. 5. That all damages claimed or adjudged for the taking and use of materials, land, or other estate, by virtue of this Act, shall be estimated according to the vakie wliich they possessed independently of the effect of this Act. And when the lands or other property of any infant or person 7wn compos mentis, shall be taken or damaged, for the purposes of this Act, the guardian of such person may settle and discharge all damages or claim for damages in relation thereto. Sect. 6. That the capital stock of said company may consist of forty thousand dollars, and shall be divided into shares of one hundred dollars each, and each share shall entitle the holder thereof to one vote ; Provided no member shall be allowed more than twenty votes. Sect. 7. That the said company shall have power from time to time to establish, demand, and collect such rates of toll for the transportation of persons, goods, wares, and merchandise, or any article on said road as they may see fit; Provided, however, that at any time after ten years from the completion of said road the legislature may reduce said rates of toll at its pleasure. Sect. 8. That if the said railroad shall pass any public high- way, the road shall be so constructed as not to injure or obstruct the safe conveyance on said public way. Sect. 9. That the first meeting of said corporation may be called by Elijah P. Pike or Nathaniel Davis by posting up notifications of the time and place thereof in two public places in said town of Brunswick, seven days prior to the time of said meeting. Sect. 10. That unless said railway be completed within five years from the passing of this Act, then this grant shall be void. Sect. 11. That said corporation shall constantly from, and after the time when they commenced the taking of toll for transporting any of the articles aforesaid, have and maintain in good repair and fit for use a good and convenient railroad, constructed of suitable materials and provide fit vehicles and carriages, with all necessary apparatus for the safe and speedy conveyance of all such articles 4 38 THE WATERVILLE AND FAIRFIELD RAILWAY COMPANY. as they may be required to transport on said railway ; and shall be held and obliged to take charge of, and convey the same accord- ingly, the toll therefor being first paid or tendered. Approved^ March 24, 1835. THE WATERVILLE AND FAIEFIELD RAILWAY COMPANY. INCORPORATED IN MAINE IN 1835. Chapter 611 o/" the Special Laws of 1835 contains the Charter. Sect. 1 grants corporate powers, for thirty years herefrom. Sect. 2 authorizes the Company to construct a railroad on the route described, pro- vided they pay damages sustained by persons thereby. Sect. 3 provides that the capital stock shall consist of 500 shares, and vests the gov- ernment in not more than nine nor less than five directors, who shall choose a president and other necessary ofiicers. Sect. 4 authorizes the Company to purchase and hold necessary lands, and make assessments on shares. Sect. 5 fixes the time of the annual meeting, when directors shall be chosen. Sect. 6 requires the road, where it crosses any public way, to be so constructed as not to impede the use thereof ; but it shall not prevent the laying out of public ways. Sect. 7 grants to the corporation a toll as there provided, and requires them, after commencing to receive tolls, to transport persons and property therein ; the rates of toll may be altered by the legislature ; this grant shall be void, if the road be not constructed within five years herefrom. Sect. 8 directs the mode of calling the first meeting of stockholders, when directors shall be chosen ; the Legislature shall not alter this Act within ten years herefrom. Laws of 1835, Chap. 611. An Act to incorporate the Waterville and Fairfield Railway Company. Sect. 1. Be it enacted^ ^*c. That'^bijah Smith, Jedediah Mor- rill, Zebulon Sanger, Samuel Appleton, Simeon Matthews, William Pearson, John Kendall, Joseph Banks, David Page, Ebenezer Bolkcom, Jonas Parlin Jr., Samuel Weston, John W. Weston, Asa Wyman, A. Z. Littlefield, John G. Neil, Joseph Patten, Samuel Philbrick, Ebenezer H. Neil, Samuel Soule, Edmund Pearson and Philander Coburn — with their associates, successors, and assigns, be and hereby are created a Corporation by the name of the Wa- terville and Fairfield Railway Company, and shall so continue for the space of thirty years from the passing of this Act, and by that MAINE. 89 name may sue and be sued, use a common seal, and shall have all the powers and immunities necessary to carry the purposes of this Act into effect. Sect. 2. That said corporation is authorized to locate, construct, and maintain a railway from some point in or near the village at Kendall's Mills in Fairfield in the county of Somerset, and extend- ing the same to some point in or near the village in Waterville in the county of Kennebec, in such mode as said corporation may deem most expedient; to lay out such way as wide as may be necessary for the convenient use of said railway. Provided^ That said corporation shall be holden to pay all persons and cor- porations the damages they may sustain by the location and making aforesaid, to be estimated and recovered in the manner provided by law for recovering damages by reason of the laying out of highways. Sect. 3. That the capital stock of said corporation shall consist of five hundred shares. The government and direction of the aff'airs of said corporation shall be vested in not more than nine nor less than five directors, who shall hold their office for one year, and until others are chosen in their room, and a majority of them shall constitute a quorum for transacting business. They shall elect one of their number president of the board of directors and of the corporation. Said corporation may choose all other necessary officers, and may make necessary by-laws for the man- agement of their aflfairs not repugnant to the laws of the State. Sect. 4. That said corporation may purchase and hold land and all other things necessary for the construction and use of said rail- way, and make assessments on the shares and collect the same as may be provided in their by-laws. Sect. 5. That the annual meeting of the members of said cor- poration shall be holden on the second Tuesday of January, at such hour and place as the directors shall designate, at which meeting the directors shall be chosen by ballot allowing one vote to every share, but no member to be allowed more than thirty votes. Sect. 6. That if said railway shall cross any public way, it shall be so constructed as not to obstruct the safe and convenient use of the same. And this Act shall not be so construed as to prevent the county commissioners or the selectmen of either of the towns of Waterville or Fairfield from laying out public ways, whenever common convenience and necessity shall require the same. 40 HANCOCK And penobscot railroad company. Sect. 7. That there is hereby granted to said corporation a toll for the articles conveyed upon said railway at the following rates, viz. : — For transporting the whole distance of said railway, boards and plank per thousand feet, board measure, forty cents; clap- boards per thousand, thirty-five cents; shingles per thousand, ten cents; lath per thousand, twelve cents; goods or merchandise per ton, fifty cents ; screwed hay per ton, seventy-five cents ; bark per cord, fifty cents ; bags containing two bushels of salt, grain or other articles, six cents each; and for each passenger, twenty-five cents. And said corporation, after they shall commence receiving tolls, shall be bound at all times to have said railway in good repair and a sufficient number of suitable carriages and vehicles for the transportation of articles, and be obliged to receive and convey the same whenever the proper tolls therefor shall be paid or tendered. And the rates of toll shall be subject to be altered and regulated at the pleasure of the legislature. But this grant shall be void unless said railway shall be constructed and finished within five years from the time said Act shall take effect. Sect. 8. That the three persons first named in this Act or any one of them are authorized to call the first meeting of the corpora- tion by publishing the time and place thereof three weeks success- ively in some newspaper printed in the county of Kennebec at which meeting directors may be chosen and all other corporation business transacted. And the legislature shall not have the right to restrict or annul the provisions of this Act till after the expira- tion of ten years from the passing of the same. Approved^ March 24, 1835. HANCOCK AXD PENOBSCOT EAILEOAD COMPANY. INCORPORATED IN MAINE IN 1S36. Chapter 61 of the Special Laics of 1836 contains the charter. Sect. 1 grants corporate powers, and describes the route, and makes this Act subject to the general Act of this State respecting Railroads. Sect. 2 vests the government in thirteen Directors, to be chosen at the annual meeting. Sect. 3 authorizes the Company to make bj'-laws not repugnant to the laws of the State, and provides for the choice of officers. Sect. 4 enacts that this Act shall be void, if the route be not surveyed, location filed, and the stock taken up by the first Wednesday of January, 1837, and half the dis- MAINE. 41 tance grubbed within two years and graded witbin four years, and imless the road be in operation within six years from the passing of this Act. Sect. 5 provides that the capital stock shall be $500,000, di-vided into shares of $500 each, no member being allowed more than thirty votes ; that books for subscrip- tion to the stock shall be opened for thirty days, public notice having been pre- viously given ; if the amount subscribed shall exceed $500,000, it shall be distri- buted among the subscribers, according to regulations i^reviously prescribed. Sect. 6 authorizes them to collect toUs, and requires them to keep the road in good repair, to provide suitable carriages and to transport passengers and goods, provi- ded the tolls for the latter shall not exceed 10 cents per ton per mile, and that whenever the net profits shall exceed 12 per cent, per annum on the cost of the road, the Legislature may reduce the rates of toll to that sum ; and that the Cor- poration shall, after the road has been in operation for twelve months, report to the Governor and Council the cost of the road, their disbursements, rates of toll, amount of tolls received, and the rate of profit realized within the year ; and the Legislature may inquire into their affairs, and reduce the rates of toll to 12 per cent, if expedient. Sect. 7 authorizes the Company to hold sufficient real estate for the use of the road, and to make assessments on the shares. Sect. 8 provides that "An Act concerning Corporations, " passed March 17, 1831, shall not apply to this Company. Sect. 9 directs the mode of organization. Sect. 10 provides, that any person wilfully placing obstructions on the road, or injur- ing the Company's property or any thing used in the construction of the road, or any person abetting therein, shall forfeit to the Company treble the amount of damages, to be recovered in an action ; and shall be liable to indictment, and fine or imprisonment. Laws of 1836, Chap. 61. An Act to incorporate the Hancock and Penobscot Railroad Company. Sect. 1. Be it enacted^ ^'c. That Daniel Waldo and his asso- ciates in Maine, Massachusetts and New York, their successors and assigns, be and they hereby are made a body politic and cor- porate by the name of the Hancock and Penobscot Railroad Com- pany, and by that name shall have power to prosecute and defend suits at law, to have and use a common seal, and generally to have and enjoy all the powers and privileges, incident to similar corpor- ations, so far as the same may be necessary to carry into effect the purposes of this Act; and they are hereby authorized to locate, construct and maintain a railroad, from such a point on French- man's Bay through Ellsworth to such a point on Penobscot River at or near Brewer, as shall be most expedient, with the rights and powers, and subject to all the provisions, restrictions, and limita- 4* 42 HANCOCK AND PENOBSCOT RAILROAD COMPANY. tions, that are contained in the general Act of this State, defining certain rights and duties of railroad corporations. Sect. 2. That the powers of the company except at the legal meetings thereof, shall be vested in a board of not less than thir- teen directors, who shall be chosen at the first meeting of the company, and shall afterwards be chosen annually at such time as the by-laws of the company may determine, and shall hold their offices for one year, and until others shall be chosen in their stead. Sect. 3. That the company shall have power to establish any by-laws not repugnant to the laws of this State, and the directors shall annually elect from their own number a president, secretary, treasurer, and such other officers as the said by-laws may pre- scribe, and shall have power for the benefit of the stockholders, to employ and invest the proceeds of the railroad as they may see fit. Sect. 4. That this grant shall be void unless the route of said railroad shall be surveyed and a return made to the county com- missioners, and also the governor and council, and the stock taken up by the first Wednesday of January next, and half the distance at least of the whole route grubbed within two years, and graded within four years, and unless said railroad shall be in operation within six years from the passing of this Act. Sect. 5. That the capital stock of said company may consist of five hundred thousand dollars and shall be divided into shares of five hundred dollars each ; and each share shall be entitled to one vote. Provided^ no member shall be allowed more than thirty votes. And that it shall be the duty of said company to cause books to be opehed at New York, Boston and Bangor, and to be kept open for the term of thirty days for subscription to said stock, and notice thereof to be given in some public newspaper in each of said places during said term ; and in case the amount subscribed shall exceed five hundred thousand dollars, the same shall be dis- tributed among all the subscribers according to such regulations as the persons having charge of the opening of the subscription books shall prescribe before the opening of said books. Sect. 6. That the company may from time to time, establish, demand and collect such tolls for the transportation of persons, goods, wares and merchandise, or any article on said railroad as they may see fit. And after they shall commence the receiving MAINE. 43 of tolls, shall be bound at all times to have said railroad in good repair, and a sufficient number of suitable carriages and vehicles for the transportation of persons and articles, and be obliged at proper times and places to receive and convey the same when the appropriate tolls therefor shall be paid or tendered. Provided that the tolls aforesaid shall not exceed ten cents per ton for each mile for such goods wares and merchandise; and Provided further, whenever the profits arising from tolls, or otherwise, shall exceed the amount of twelve per cent, per annum on the actual cost of said railroad, after deducting all necessary disbursements in con- ducting its operations, then the legislature shall from time to time have the right so to reduce such tolls as may have been established, not below twelve per centum per annum as aforesaid, as may be judged expedient. And to carry this provision into effect, it shall be the duty of said corporation, within twelve months after such railroad shall have been put in operation, or any section thereof, to make return to the governor and council of the actual cost of said railroad, or section, and annually thereafter, of all the dis- bursements allowed by the directors, and the rates of toll by them established, the amount of tolls and other profits received, and the rate of profit, or per centum on the cost aforesaid actually realized within the year. And if the legislature shall not be satisfied with such return, the legislature may require an examination into the affairs of the corporation in such manner as they shall direct. And if it shall appear that the affairs of said corporation have not been economically conducted, and that the profits arising from tolls or otherwise might have exceeded the maximum of twelve per centum per annum, or that any wilful evasion of the provisions of this section has been practised by said corporation, then the leg- islature shall have the right to make such reasonable reductions of the charges for disbursement aforesaid, allowed and charged by the said directors, as shall be judged economical, and from, such basis so to reduce the tolls and profits, not however below twelve per centum per annum, as aforesaid, as shall be judged expedient, any thing in this Act to the contrary notwithstanding. Sect. 7. That the company may purchase and hold such land and other property as may be necessary for the construction and use of said railroad, and may make assessments on the shares and collect the same, in such manner as may be prescribed in their by- laws, 44 HANCOCK AND PENOBSCOT RAILROAD COMPANY. Sect. 8. That the provisions of an Act entitled " An Act con- cerning Corporations " passed March 17, 1831, shall not extend or apply to the company hereby incorporated. Sect. 9. That the first meeting of the company may be called by Daniel Waldo, by publishing the notice of such meeting three weeks successively in some newspaper printed in the county of Hancock or Penobscot, also in some newspaper printed in the city of Boston, also in some newspaper printed in the city of New York — the last publication to be ten days, at least, before the time appointed for such meeting. Sect. 10. That if any person shall wilfully and maliciously, or wantonly and contrary to law obstruct the passage of any carriage on said railroad, or in any way spoil, injure or destroy said rail- road, or any part thereof, or any thing belonging thereto, or any material or implements to be employed in the construction or for the use of said road, he, she, or they, or any person or persons, assisting, or aiding, or abetting such trespass, shall forfeit and pay to said corporation for every such offence, treble such damages as shall be proved before the justice, court, or jury, before whom the trial shall be had, to be sued for before any justice, or in any court proper to try the same, by the treasurer of the corporation, or other officer, whom they may direct, to [the use of said corpora- tion. And such offender or offenders shall be liable to indictment by the grand jury of the county, within which trespasses shall have been committed, for any offence, or offences, contrary to the above provisions, and upon conviction thereof before any court competent to try the same, shall pay a fine not exceeding one hun- dred dollars, to the use of the State, or may be imprisoned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Approved^ March 1, 1836. MAINE. 45 KENNEBUNK-PORT GRANITE AND RAILROAD COMPANY. INCORPORATED IN MAINE IN 1836. Chapter 83 of the Special Laics of 1836 contains the Charter. Sect. 1 grants corporate powers, and authorizes them to make by-laws not repugnant to the laws of the State, and to hold real and personal estate, not exceeding $100,000, for its purposes, subject to the general provisions concerning corpora- tions. Sect. 2 directs the mode of organization. Laws of 1836, Chap. 83. An Act to incorporate the Kennebunk-Port Granite and Railroad Company. Sect. 1. Be it enacted^ 6,'c. That Benjamin F. Mason, Daniel W. Lord, Jacob Mitchell, Abner Stone, Eraslus Hayes, Charles A. Lord, and Joseph Noble, with their associates, successors, and assigns, be and are hereby incorporated into a company by the name and title of the Kennebunk-Port Granite and Railroad Company for the purpose of quarrying granite and other stone upon lands owned by said corporation within the town of Kenne- bunk-Port; and for the purpose of hammering, manufacturing or converting said granite or other stone to useful purposes and transporting the same by land or water carriage to a market. And said corporation may prosecute and defend suits at law, and use a common seal, make by-laws for the management of their affairs not repugnant to the laws or constitution of the State, and take and hold any estate personal or real, which may be necessary to effectuate the purposes of this corporation, not ex- ceeding one hundred thousand dollars ; and have all the powers and privileges and be subject to all the liabilities and duties of similar corporations. Sect. 2. That any three of the above named persons may call the first meeting of said corporation by giving seven days notice of the time and place of said meeting in one of the newspapers printed in Portland, with such other additional notice as they may deem proper. Approved, March 9, 1836. 46 BELFAST AND QUEBEC RAILROAD CORPORATION. BELFAST AND QUEBEC RAILROAD CORPORATION. INCORPORATED IN MAINE IN 1836. Chapter 97 of the Special Laics of 1836 contains the Charter. Sect. 1 grants corporate powers, authorizing them to make by-laws not repugnant to the laws of the State ; it describes the route, with one or more sets of rails, to the northwestern line of the State, and then to connect with a railroad to the River St. Lawrence, at or near Quebec ; it authorizes them to hold sufficient real estate for the purposes of the road, not exceeding four rods in width, except when necessary for excavations and embankments, and to fell or remove trees within four rods of the road, likely to obstruct it ; paying therefor damages, if not agreed upon, to be estimated by the County Commissioners ; any highway may be located across the Railroad ; the application for said damages m\ist be made within three years from the time of taking the property. Sect. 2 provides that the capital stock shall consist of not less than 15,000 or more than 50,000 shares, vests the government in nine or thirteen directors, and pro- vides for the choice of officers ; it directs that books for subscription to the stock shall be opened for ten days, after twenty days' previous public notice, and if the number of shares subscribed for shall exceed 50,000, the surplus shall be distri- buted among the subscribers according to previous regulations ; it also directs the mode of organization. Sect. 3 defines the powers and duties of the president and directors ; it authorizes them to make equal assessments not exceeding one hundred dollars on each share, and to sell shares for non-payment of assessments, after notice. Sect. 4 authorizes them to make by-laws not repugnant to the laws of the State. Sect. 5 grants a toll to be regulated by the directors, provided, if at the end of fif- teen years the net income of the road shall have exceeded twelve per cent, on its cost, the Legislature may at the end of each year reduce the rates of toll to that amount ; it authorizes other companies to connect with this, and requires that their passengers and articles shall be transported on this road at the rates of toU prescribed for this road ; and after commencing to receive tolls, they shall keep their road in repair, provide suitable cars and engines, and transport all passengers and articles, having a lien on the latter for freight. Sect. 6 authorizes the directors to erect toll houses and collect tolls. Sect. 7 empowers the guardian of an infant or person 7ion compos mentis, a feme covert, whose husband is under guardianship, and his guardian, to release claims for land damages. Sect. 8 enacts that any person wilfully placing obstructions on the road, or injuring the Companj'-'s property or any implements used in the construction of the road, or any person abetting therein, shall forfeit to the Corporation treble the amount of damages, to be recovered in an action, and shall be liable to indictment and fine or imprisonment. Sect. 9 appoints the time of the annual meeting, when directors shall be chosen, one share entitling the holder to one vote, and every two shares above one to one MAINE. 47 vote, and no stockholder shall have more than fifty votes ; it authorizes them to call special meetings if necessary. Sect. 10 directs the mode of crossing any private way, highway, canal or turnpike, authorizes them to raise or lower any private way, highway or turnpike, and requires them to erect gates thereon for the safety of travellers. Sect. 11 provides that, if the Company shall not have been organized and the loca- tion filed on or before December 31, 1839, or the road completed on or before December 31, 1846, this Act shall be void. Sect. 12 requires that they shall maintain all bridges or crossings. Sect. 13 authorizes them to erect, for their sole use, bridges across navigable rivers, so as not to impede navigation. Sect. 14 requires them to keep books open to the inspection of the Governor and Council, and of any Committee of the Legislature, and the Treasurer to exhibit under oath to the Legislature, at the end of every fifteen years, the net profits of the road. Sect. 15 provides that '< An Act concerning Corporations," passed March 17, 1831, shall not apply to this Company. Sect. 16 enacts that they shall, when required, transport the U. S. Mail for a com- pensation, if not agreed upon, to be determined by the Legislature. Chap. 519 of the Special Laws of 1839 contains an additional Act. It provides that all things to be done, by the original Act, on or before f)ecember 31, 1839, may be done on or before December 31, 1842, and that the time for com- pleting said Railroad shall be extended to Decenxber 31, 1851. Chap. 233 of the Special Laics of 1845 contains an Act, allowitiff said Company ten years from December 1, 1846, to complete their road. Chap. 272 of the Special Laws of 1845 contains an additional Act. Sect. 1 renews the Charter, extends the time of filing the location and organizing the Company to December 31, 1850, and that of completing the road to Decem- ber 31, 1860, and provides that the Charter shall not be altered or revoked, with- out the consent of the Corporation. Sect. 2 authorizes the directors to purchase lands for the Corporation, which shall be taxable to it where it is situated and valued in the same manner as other lands, and the shares shall be taxed to shareholders as personal property, and no other tax shall be levied. Sect. 3 requires them to keep regular accounts of receipts and expenditures, open to the inspection of the Governor and Council, and any Committee of the Legis- lature ; and at the end of each year, the Treasurer shall exhibit, vmder oath, to the Legislature the receipts and expenditures. Sect. 4 limits the stockholders' liability to one hundred dollars per share, but allows further assessments on the shares, and a sale thereof for non-payment of assess- ments. Laws of 1836, Chap. 97. An Act to establish the Belfast and Quebec Railroad Corporation. Sect. 1. Be it enacted^ 4'^. That Alfred Johnson, Jr., Daniel Lane, Hiram O. Alden, John S. Kimball, Nathaniel M. Lowney, 48 BELFAST AND QUEBEC RAILROAD CORPORATION. Rufns B. Allyii, Hugh J. Anderson, William G. Crosby, Ralph C. Johnson, Frye Hall, Salalhiel Nickerson, Jr., Philip Morrill, Thomas Pickard, James White, Joseph Williamson, Nathaniel H. Bradbury, their associates, successors and assigns be and they hereby are made a body politic, and corporate, by the name of the Belfast and Quebec Railroad Corporation, and by that name shall be and hereby are made capable in law to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended in any courts of record, or in any other place whatever; to have a common seal, which they may alter at pleasure ; to make and establish such by-laws, not repugnant to the laws of this State, as they shall deem necessary and proper ; and shall be, and hereby are vested with all the powers, privileges, and immu- nities which are, or may be necessary to carry into effect the pur- poses and objects of this Act, as hereinafter set forth. And the said corporation are hereby authorized and empowered to locate, construct, and finally complete, alter and keep in repair a railroad, with one or more set of rails, or tracks, with all suitable brid-ges, viaducts, turnouts, culverts, drains, and all other necessary appen- dages from some point, or place, or places, on or near the tide waters in the town of Belfast, in the county of Waldo, through the towns of Brooks and Unity in said county, to the Kennebec River at Solon or Bingham, and from thence to the northwestern line of the State of Maine, there to connect with such railroad as may be constructed from said line to the River St. Lawrence, at or near the city of Quebec, in Lower Canada, in such a manner and. form as they shall deem to be most expedient. And for this pur- pose said corporation shall have the right to take and hold so much of the land, and other real estate of private persons, as may be necessary for the location, construction and convenient operation of their railroad ; and they shall also have the right to take, remove and use for the construction and repair of said railroad and appurtenances, any earth, gravel, stone, timber or other materials, on or from the land so taken. And in case such rail- road shall pass through any woodlands or forests, the said company shall have the right to fell or remove any trees standing within four rods of such railroad, which by their hability to be blown down or from their natural falling might obstruct or impair said railroad, — by paying a just compensation therefor to be recovered in the same manner, provided for the recovery of other damages named in this bill. Provided, however, that said land so taken, MAINE. 49 shall not exceed four rods in width, except where greater width is necessary for the purpose of excavation or embankment; — And provided, also, that in all cases said corporation shall pay for such lands, estate or materials so taken and used, such price as they and the owner, or respective owners thereof may mutually agree on ; and in case said parties shall not otherwise agree, then said corporation shall pay such damages as shall be ascertained and determined by the county commissioners for the county where such land or other property may be situated, in the same manner and under the same conditions and limitations, as are by law pro- vided in the case of damages by laying out of highways. Saving to the public the right to locate and construct any highway across said railroad subject to the existing provisions of law for the loca- tion, construction and repair of highways. And the land so taken by said corporation shall be held as lands taken and held for public highways. And no application to said commissioners to estimate said damages shall be sustained, unless made within three years from the time of taking such land or other property. Sect. 2. That the capital stock of said corporation shall consist of not less than fifteen thousand, nor more than fifty thousand shares ; and the immediate government and direction of the affairs of said corporation shall be vested in nine or thirteen directors, who shall be chosen by the members of said corporation, in the manner hereinafter provided, and shall hold their offices until others shall have been duly elected and qualified to take their places, a majority of whom shall form a quorum for the transac- tion of business; and they shall elect one of their number to be the president of the board, who shall also be the president of the corporation ; and shall have authority to choose a clerk who shall be sworn to the faithful discharge of his duty, and a trea- surer, who shall give bonds to the corporation, with sureties to the satisfaction of the directors, in a sum of not less than fifty thou- sand dollars, for the faithful discharge of his trust. And for the purpose of receiving subscriptions to the said Stock, books shall be opened under the direction of the persons named in the first section of this Act, at such time and in such places in the shire towns in the several counties in this state, and elsewhere as they shall appoint, to remain open for ten successive days, of which time and places of subscription, public notice shall be given in some news- paper printed in the cities of Portland and Bangor, and in the 50 BELFAST AND QUEBEC RAILROAD CORPORATION. towns of Augusta and Belfast, twenty days at least previous to the opening of such subscription, and in case the amount sub- scribed shall exceed fifty thousand shares, the same shall be distri- buted among all the subscribers, according to such regulations as the persons having charge of the opening of the subscription books shall prescribe before the opening of said books. And any seven of the persons named in the first section of this Act, are hereby authorized to call the first meeting of said corporation, by giving notice in one or more newspapers published in the towns and cities above named, of the time and place, and the purposes of such meeting, at least twenty days before the time mentioned in such notice. Sect. 3. That the president and directors for the time being, are hereby authorized and empowered by themselves or their agents to exercise all the powers herein granted to the corporation, for the purpose of locating, constructing, and completing said rail- road, and for the transportation of persons, goods and property of all descriptions, and all such power and authority for the manage- ment of the affairs of the corporation, as may be necessary and proper to carry into effect the objects of this grant ; to purchase and hold land, materials, engines, and cars and other necessary things, in the name of the corporation for the use of said road, and for the transportation of persons, goods and property of all descriptions ; to make such equal assessments, from time to time, on all the shares in said corporation as they may deem expedient and necessary, in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation. And the treasurer shall give notice of all such assessments ; and in case any subscriber or stockholder shall neglect to pay any assessment on his share or shares for the space of thirty days after such notice is given as shall be prescribed by the laws of said corporation, the directors may order the treasurer to sell such share or shares, at public auction, after giving such notice as may be prescribed as aforesaid, to the highest bidder, and the same shall be transferred to the purchaser, and such delinquent sub- scriber or stockholder shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with the interest, and costs of sale ; and shall be entitled to the overplus, if his share or shares shall sell for more than the assessments due. with interest and costs of sale : MAINE. 51 Provided however^ That no assessments shall be laid upon any shares in said corporation of a greater amount in the whole than one hundred dollars. Sect. 4. That the said corporation shall have power to make, ordain and establish all necessary by-laws and regulations, con- sistent with the constitution and the laws of this State, for their own government, and for the due and orderly conducting of their affairs, and the management of their property. Sect. 5. That a toll be and hereby is granted and established, for the sole benefit of said corporation, upon all passengers, and property of all descriptions, which may be conveyed or transported upon said road ; at such rates per mile, as may be agreed upon and established from time to time by the directors of said cor- poration. The transportation of persons and property — the con- struction of wheels, the form of cars and carriages, the weights of loads, and all other matters and things in relation to the use of said road, shall be in conformity with such rules, regulations and provisions as the directors shall from time to time prescribe and direct : Provided however^ That if at the expiration of fifteen years from and after the completion of said road, the net income or receipts from tolls and other profits shall amount to more than twelve per cent, per annum upon the cost of the road and inciden- tal expenses, the legislature may alter and reduce the rate f tolls, and other profits, so that the net income shall not exceed twelve per cent, and annually thereafter the same proceedings may be had — and further -provided^ that the legislature shall not at any time, so reduce the tolls and other profits, as to produce less than twelve per centum upon the cost of said railroad without the consent of said corporation, Provided however, That the legisla- ture may authorize any other company or companies to connect any other railroad or railroads with the railroad of said cor- poration, at any points of intersection on the route of said rail- road. And said corporation shall receive and transport all per- sons, goods and property, of all descriptions, which may be carried and transported to the railroad of said corporation, on such other railroads as may be hereafter authorized to be connected there- with, at the same rates of toll and freight, as may be prescribed by said corporation, so that the rates of freight and toll on such pas- sengers, goods and other property as may be received from such other railroads, so coimected with said railroad as aforesaid, shall not exceed the general rates of freight and toll on said rail- 52 BELFAST AND QUEBEC RAILROAD CORPORATION. road received for freight and passengers, &c., at any of the depots of said corporation. And said corporation, after they shall com- mence the receiving of tolls shall be bound at all times to have said railroad in good repair, and a sufficient number of suitable carriages and vehicles for the transportation of persons and articles and be obliged at all proper times and places to receive and convey the same when the appropriate tolls therefor shall be paid or tendered, and a lien is hereby created upon merchandise and pro- perty transported upon said railroad for the appropriate tolls therefor. Sect. 6. That the directors of said corporation for the time being are hereby authorized to erect toll houses, establish gates, appoint toll gatherers and demand toll on the road, when com- pleted, and upon such parts thereof as shall from time to time be completed. Sect. 7. That when said corporation shall take any land, or other estate, as aforesaid, of any infant, person non compos mentis. or feme covert whose husband is under guardianship, the guardian of such infant, or person no7i compos mentis^ and such feme covert, with the guardian of her husband shall have full power and authority to agree and settle with said corporation, for damages, or claims for damages, by reason of taking such land and estate aforesaid, and give good and valid releases and discharges therefor. Sect. 8. That if any person shall wilfully and maliciously, or wantonly and contrary to law obstruct the passage of any carriage on said railroad, or in any way spoil, injure or destroy said rail- road, or any part thereof, or any thing belonging thereto, or any material or implements to be employed in the construction or for the use of said road, he, she, or they, or any person or persons, assisting, aiding, or abetting such trespass, shall forfeit and pay to said corporation for every such otience, treble such damages as shall be proved before the justice, court or jury, before whom the trial shall be had, to be sued for before any justice, or in any court proper to try the same, by the treasurer of the corporation, or other officer, whom they may direct, to the use of said corpora- tion. And such offender or offenders shall be liable to indictment by the grand jury of the county, within which said trespass shall have been committed, for any offence, or offences, contrary to the above provisions, and upon conviction thereof before any court competent to try the same, shall pay a fine not exceeding one thousand dollars, to the use of the State, or may be imprisoned for MAINE. 53 a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Sect. 9. That the annual meeting of the members of said cor- poration shall be holden on the first Monday in June, at such time and place as the directors for the time being shall appoint, at which meeting, the directors shall be chosen by ballot, and one share shall be entitled one vote, and every two shares above one shall be allowed one vote ; Provided, that no stockholder shall be entitled to more than fifty votes, and the directors are hereby authorized to call special meetings of the stockholders, whenever they shall deem it expedient and proper, giving such notice as the corporation by their by-laws shall direct. Sect. 10. That if the said railroad, in the course thereof, shall cross any private way, the said corporation shall so construct said railroad as not to obstruct the safe and convenient use of such private way : and if the said railroad shall, in the course thereof, cross any canal, turnpike, railroad, or other highway, the said railroad shall be so constructed as not to obstruct the safe and convenient use of such canal, turnpike or other highway ; and the said corporation shall have power to raise or lower such turnpike, highway or private way. so that the railroad, if necessary, may conveniently pass under or over the same, and erect such gate or gates thereon, as may be necessary for the safety of travellers on said turnpike, railroad, highway or private way. Sect. 11. That if the said corporation shall not have been organized, and the location according to actual survey of the route filed with the county commissioners of the counties through which the same shall pass, on or before the thirty-first day of December, in the year of our Lord one thousand eight hundred and thirty- nine, or if the said corporation shall fail to complete said railroad on or before the thirty-first day of December, in the year of our Lord one thousand eight hundred and forty-six, in either of the above mentioned cases, this Act shall be null and void. Sect. 12. That said railroad corporation shall constantly main- tain in good repair all bridges with their abutments and embank- ments, which they may construct for the purpose of conducting their railroad over any canal, turnpike, highway or private way, or for conducting such private way or turnpike over said railroad. Sect. 13. That if said railroad shall in the course thereof, cross any tide waters, navigable rivers or streams, the said corporation be and they hereby are authorized and empowered to erect for the 5* 54 BELFAST AND QUEBEC RAILROAD CORPORATION. sole and exclusive travel on their said railroad, a bridge across each of said rivers or streams, or across any such tide waters : Provided, said bridge or bridges shall be so constructed as not to obstruct or impede the navigation of said waters. Sect. 14. That the books of said corporation shall at all times be open to the inspection of the governor and council, and of any committee duly authorized by the legislature : and at the expira- tion of every fifteen years, the treasurer of said corporation shall make an exhibit under oath to the legislature, of the net profits derived from the income of said railroad. Sect. 15. That the provisions of an Act entitled " An Act con- cerning Corporations " passed March seventeenth, in the year of our Lord one thousand eight hundred and thirty-one, shall not extend or apply to the company hereby incorporated. Sect. 16. That the said corporation shall at all times, Avhen the postmaster general shall require it, be holden to transport the mail of the United States from and to such place or places on said railroad, as required, for a fair and reasonable compensation — and in case the corporation and postmaster general shall be unable to agree upon the compensation aforesaid, the legislature of the State may fix and determine the same. Approved, March 9, 1836. Laws of 1839, Chap. 519. An Additional Act to establish the Belfast and Quebec Railroad Corporation. Be it enacted, 6^c. That all acts or things to be done or per- formed, by said corporation, by any provisions of the eleventh section of the original Act of corporation of said company, which were required to have been done, on or before the thirty-first day of December, in the year of our Lord one thousand eight hundred and thirty-nine, may be done and performed, at any time before the thirty-first day of December, in the year of our Lord one thousand eight hundred and forty-two — and that the limitation of the time for completing said railroad is hereby extended to the thirty-first day of December, in the year of our Lord one thousand eight hundred and fifty-one. Approved, February 25, 1839. MAINE. 55 Laws of 1845, Chap. 233. An Act to extend to the Belfast and Quebec Railroad Company further time to build their road. Be it enacted, - proved, March 21, 1836. Revised Statutes Chap. 81. An Act concerning Railroads. Sect. 1. Be it enacted^ 6fc. That no petition for the establish- ment of any railroad corporation shall be acted upon, unless the same is accompanied and supported by the report of a skilful en- gineer, founded on actual examination of the route and by other evidence, showing the character of the soil, the manner in which it is proposed to construct such railroad, the general profile of the surface of the. country through which it is proposed to be made, the feasibility of the route, and an estimate of the probable ex- pense of constructing the same. The petition shall set forth the places of beginning and end of the proposed railroad, the distance between the same, the general course of said railroad, together with the names of the towns through which the same, on actual survey, may be found to pass. Sect. 2. Any railroad corporation may take and hold, under the provisions contained in this chapter, so much real estate, as may be necessary for the location, construction, and convenient use of their road. Such corporation may also take, remove, and use, for the construction and repair of such road and its appurtenances, any earth, gravel, stone, timber, or other materials on or from the land so taken ; provided, that the land so taken, otherwise than 26* 306 GENERAL LAWS CONCERNING RAILROADS. by the consent of the owners, shall not exceed four rods in width, unless where greater width is necessary for isxcavation or embank- ment, or procuring stone, gravel, or other materials. Sect. 3. Such railroad corporation may purchase and use real estate, for a price to be agreed upon with the owner thereof ; or the damages to be paid by such corporation for any real estate taken as aforesaid, when not agreed upon, shall be ascertained and determined by the county commissioners under the same conditions and limitation, as are by law provided, in case of damages by lay- ing out highways. The land so taken shall be held as lands taken and held for public highways. Sect. 4. No application to such commissioners to estimate said damages shall be sustained, unless made within three years from the time of taking such real estate. Sect. 5. No corporation shall take, as aforesaid, any meeting house, dwelling house, or public or private burying ground, with- out the consent of the owners. Sect. 6. When any application, for an estimate of damages shall be made to the county commissioners, either by such corpora- tion or the owner of real estate, taken as aforesaid, the commis- sioners, if requested by any such owner, shall require the said railroad corporation to give security to the satisfaction of said commissioners, for the payment of all such damages and costs, as shall be awarded and finally determined, by jury or otherwise, for the real estate so taken ; and all the right or authority of said cor- poration, to enter upon or use said real estate, except for making surveys, shall be suspended imtil they shall give such security. Sect, 7. Whenever any railroad corporation shall take any real estate, as aforesaid, of any minor, insane person, or any married woman, whose husband is under guardianship, the guardian of such minor or insane person, or such married woman, with the guardian of her husband, may agree and settle with said corpora- tion, for all damages or claims by reason of the taking of such real estate, and may give valid releases and discharges therefor. Sect. 8. Any railroad corporation may raise or lower any turn- pike or other way, for the purpose of having their railroad pass over or under the same ; and in such cases said corporation shall put said turnpike, or other way, as soon as may be, in as good repair and condition, as before such alteration ; and they shall forthwith, on the completion of such alteration, give notice thereof in writing to the agent or clerk of the proprietors of such turnpike, MAINE. 307 or to one of the selectmen of the town, where such other way may be situated. Sect. 9. If said proprietors or said selectmen, respectively require further alterations or amendments of such turnpike or other way, and give notice thereof, in writing, to the agent or clerk of such railroad corporation, and if the parties cannot agree respecting the same, either of the parties may apply to the county commissioners at their next regular meeting ; who after reasonable notice to the adverse party, shall make final determination, respecting such pro- posed alterations or amendments, and shall award costs in favor of the prevailing party. Sect. 10. If such railroad corporation shall unnecessarily neg- lect to make such alterations and amendments, thus determined upon by the commissioners, the said turnpike corporation, or the aggrieved town, shall be entitled to their damages to be recovered in an action on the case. Sect. 11. No action shall be sustained against any railroad corporation, by the proprietors of any turnpike, or by any town, or by the owners of any private way, by reason of any obstruc- tion thereto occasioned by said railroad's crossing the same, unless brought within one year after the causing of such obstruction. Sect. 12. If any railroad corporation shall be desirous of alter- ing the course of any highway or town way, where it may be crossed by their railroad, for the purpose of facilitating the cross- ing of the same, they may alter the same accordingly, in such manner as the county commissioners for the county where such way is situated, may direct ; provided, the said commissioners, after due notice to the selectmen of the town where such Avay is situated, shall be of opinion that such alteration will not essen- tially injure said highway. Sect. 13. If any railroad corporation, before commencing the work of raising or lowering any turnpike or other way, as afore- said, or before completing the same, shall request the direction of the county commissioners as to the mode of raising or lowering the same, it shall be the duty of said commissioners, after due notice to the parties interested, to direct the mode of performing said work, and their decision shall be final. Sect. 14. Every railroad corporation, whilst employed in rais- ing or lowering any turnpike or other way, or making any other alteration, by means of which the same may be obstructed, shall provide, and keep in good order, suitable temporary ways, to enable travellers to avoid or pass by such obstructions. 308 GENERAL LAWS CONCERNING RAILROADS. Sect. 15. Any railroad corporation may construct and carry their railroad across, over, or under any railroad or canal, when it may be necessary in the construction of the same ; and, in such cases, said corporation shall so construct their railroad crossings, as not unnecessarily to impede the travel or transportation upon the railroad, or canal, so crossed. Said corporation shall be liable, in an action on the case, for the damages occasioned to any corpo- ration or party injured, by reason of said crossing. Sect. 16. Every railroad corporation shall maintain and keep in repair all bridges, with their abutments, which such corporation shall construct, for the purpose of enabling their road to pass over or mider any turnpike road, canal, highway, or other way. Sect. 17. Every railroad corporation shall cause a bell, of at least thirty-five pounds in weight, to be placed on each locomotive engine passing upon their road ; and the said bell shall be rung, at the distance of at least eighty rods from the place where said road crosses any turnpike, highway, or town way, upon the same level with the railroad ; and shall be kept ringing, until the engine shall have crossed such turnpike or way. Sect. 18. Every railroad corporation shall cause boards to be placed, well supported by posts, or otherwise, and constantly main- tained across each turnpike, highway, or town way, where it is crossed by the railroad, upon the same level therewith ; the said posts and boards to be of such height, as shall be easily seen by travellers without obstructing the travel ; and on each side of said boards, the following inscription shall be printed in plain legible letters of at least the length of nine inches each, Railroad CROSSING. Look out for the engine while the bell rings. Sect. 19. If the selectmen of any town, wherein any turnpike, highway, or town way, so crossed by any railroad, is situated, shall be of opinion, it is necessary for public security, that gates should be erected across the railroad, and that an agent should be stationed to open and close said gates, whenever any engine passes, the said selectmen may, by a writing delivered to the clerk or a general agent of such corporation, request said corporation to erect such gates, and station an agent, as aforesaid; and, if said corpo- ration shall neglect or refuse so to do, the said selectmen may ap- ply to the county commissioners to decide upon the reasonableness of such request ; and if said commissioners, after due notice and hearing the parties, shall decide, that the erection of such gates, and providing such agent, are necessary for the security of the public, said railroad corporation shall comply with said decision MAINE. 309 and pay the costs of the appHcation ; but if the commissioners shall be of the opinion, that the establishment of said gates and agent is not required, as aforesaid, the said selectmen shall be liable to pay all the costs of their application. Sect. 20. If any railroad corporation shall unreasonably neglect or refuse to comply with the requisitions contained in the three preceding sections, they shall forfeit for every such neglect or refusal, to the use of the State, a sum, not exceeding five hundred dollars, to be recovered by indictment; and, if any agent, stationed as aforesaid, shall neglect to open or close said gates, for the safe passing of the engine on the railroad, or the traveller on the turn- pike, highway, or town way, he shall, for every such neglect, for- feit to the use of the State a sum, not exceeding fifty dollars, to be recovered as aforesaid. Sect. 21. Every railroad corporation shall be liable for all damages sustained by any person, in consequence of any neglect of the provisions of the foregoing section, or of any other neglect of any of their agents, or by any mismanagement of their engines, in an action on the case, by the person sustaining such damages. Sect. 22. The shares in the capital stock of any railroad corpo- ration shall be deemed personal estate ; and they may be trans- ferred by any conveyance in writing, recorded either by the trea- surer, in books to be kept in his office, or by an officer, duly authorized by the directors, in books to be kept at such other place, as they may appoint within the State. When recorded in any other place, they shall within ten days thereafter, be also recorded in the said books kept by the treasurer. No conveyance of any such shares shall be valid, against any other persons than the grantors or their representatives, unless so recorded. Sect. 23. On making any such transfer, the certificates of the shares transferred shall be given up and cancelled, and new certi- ficates shall be issued to the purchasers, unless some attachment of such shares shall have been made previous to such transfer ; in which case, the issuing of said certificates shall be suspended, until said attachments shall be dissolved, or the shares sold by process of law. Sect. 24. All railroad companies, that have been, or shall be incorporated under the authority of this State, shall have all the powers and privileges, and be subject to all the duties, liabilities, and other provisions contained in this chapter, respecting such cor- porations, unless inconsistent with the express provisions of their charters. 310 GENERAL LAWS CONCERNING RAILROADS. Laws of 1842, Chap. 9. An Act relating to Railroads. Sect. 1. Be it enacted, tj-c. That every railroad corporation, owning any railroad upon which cars shall run, is hereby required, at reasonable times, and for a toll not exceeding the ordinary rate, to draw over their road the passenger, baggage, and merchandise cars of any other railroad corporation, which has been or may be authorized by the legislature, to connect their railroad with the road of such corporation. Sect. 2. Whenever the directors or other managers of such intersected road, shall refuse or neglect to draw over their road the passenger, baggage, and merchandise cars of any other railroad connecting therewith, as aforesaid, the directors of such connecting road shall have the right to draw their said cars, with their own locomotive, over such intersected road, so long as the directors of such intersected road shall refuse or neglect as aforesaid, and no longer ; the same being subject, while upon said road, to the same general regulations prescribed by the directors of the intersected road, for the regulation and management of their own trains ; and the directors of such intersecting road being required to provide their own depots, at the termini of said road. And be it further provided, that the road intersected with shall not be liable for any- injuries that shall arise to the passengers, baggage, or merchandise, which are transported in the cars of the intersecting road ; when said injuries shall arise from any defect in said cars, or negligence, or improper or unskilful conduct, on the part of the managers of the said intersecting road, but in all such cases, shall the damage for said injuries be sustained and paid by the company of said intersecting road. Sect. 3. No railroad corporation shall run or permit to be run, upon their road, any train of cars, moved by steam power, for the transportation of passengers, unless there shall be placed upon the train one trusty and skilful brakeman to every two cars in said train. Sect. 4. Whenever any engineer, fireman, or other agent of any railroad corporation, or any person employed in conducting the trains upon any railroad, shall be guilty of negligence or careless- ness, whereby an injury is done to any person or corporation, he shall, upon conviction, be punished by imprisonment in the county MAINE. 311 jail for a term not exceeding twelve months, or by fine not exceed- ing one thousand dollars; but nothing in this section shall exempt said corporation from an action in damages to any person or cor- poration sustaining such injury. Sect. 5. When any injury is done to a building or other prop- erty of any person, or corporation, by fire communicated by a loco- motive engine of any railroad corporation, the said corporation shall be held responsible in damages to the person or corporation so injured; and any railroad corporation shall have an insurable interest in the property for which it may be so held responsible in damages along its route, and may procure insurance thereon in its own behalf. Sect. 6. Every railroad corporation shall erect and maintain substantial, legal, and sufficient fences on each side of the land taken by them for their railroad, where the same passes through enclosed or improved lands ; and for neglect or failure to erect and maintain such fences, such corporation shall be liable to be indicted in the district court for the county where such fence shall be insuffi- cient, and to be fined in such sum as shall be adjudged necessary to repair the same ; and such fine shall be expended for the erec- tion or repair of said fence, under the direction of an agent ap- pointed by said court, as in case of fines imposed upon towns for deficiencies of highways. Approved, March 7, 1842. Laws of 1843, Chap. 9. An Act providing for the taxing of Railroads and Railroad property in this State. Sect. 1. Be it enacted, 6)*c. That all the real and personal property of any railroad company, heretofore incorporated, or which may be hereafter incorporated in this State, shall be held and deemed real estate for the purpose of taxation, and shall be taxed in the several cities, towns, and plantations, where such railroad and railroad property may be situated. Sect. 2. Each and every such railroad corporation shall keep one agent in this State, whose duty it shall be, on or before the first day of May, in the year of our Lord, one thousand eight hundred and forty-three, to furnish the assessors of each city, town, and plantation through which any such railroad may pass, with a certificate attested by his oath, stating the length of such railroad in such city, town, or plantation. Also the expense of 812 GENERAL LAWS CONCERXIXG RAILROADS. making such railroad, together with the costs of depots and lands taken for, and damages awarded in consequence of. such raihoad through such city, town, or plantation. Also the then relative value that the whole of such railroad and railroad property bears to the cost thereof. And it shall further be the duty of each such agent annually, on or before the first day of May, to furnish the assessors aforesaid with a like attested certificate stating the then relative value of such railroad and railroad property to the cost thereof. ' Sect. 3. The assessors of each city, town, and plantation through which any such rail [road] may pass, shall assess all taxes, highway taxes excepted, thereon, as on other real estate, and a lien shall be had on all such railroad property, or any part thereof, for all taxes assessed thereon, and in the same manner as on other real estate. Sect. 4. The assessors of each city, town, and plantation, as soon as they shall receive a statement of the value of such rail- road and railroad property from the agent thereof, shall forthwith make out a true and attested copy thereof, and shall forward the same to the secretary of state, who shall on the reception thereof lay the same before the next legislature. Sect. 5. All Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved, March 17, 1S43. Laws of 1845, Chap. 165. An Act providing for the taxing of Railroads and Railroad property in this State. Sect. 1. Be it enacted, ^c. That all the real estate of any rail- road company heretofore incorporated, or which may be hereafter incorporated in this State, shall be taxable to said corporation by the several cities, towns, and plantations in which said real estate may lie, in the same manner as the lands and other property owned by private persons, and shall, in the valuation list, be esti- mated like other real estate of the same qualit}'- and value in such city, town, or plantation : Provided however, that the track of any railroad belonging to any railroad company incorporated by this State, and the land on which any railroad track is, or may be constructed, shall not be deemed real estate. Sect. 2. The shares of the respective stockholders in any rail- road company in this State, shall be deemed personal estate, and MAINE. 818 shall be taxable as such to the owners in the places where they reside. Sect. 3. All railroad corporations, unless it is otherwise provided in their charter, shall keep in a book for that purpose, a regular account of all their disbursements, expenditures, and receipts ; and the books of said corporation shall at all times be open to the inspection of the governor and council, and at the expiration of every year the treasurer of every such corporation shall make an exhibit under oath to the legislature of the disbursements, expendi- tures, and receipts upon their respective railroads. Sect. 4. All Acts and parts of Acts heretofore passed providing for the taxing of the track of any railroad or the land on which the same is constructed, as real estate, are hereby repealed. Ap- proved, April 7, 1845. Laws of 1346, Ch^ip. 197. An Act for the prevention and punishment of the wilful and maKcious obstruction of Railroads. Sect. 1. Be it enacted. S^'c. That if any person shall wilfully and maliciously displace or disadjust any railway switch or rail, of any railroad, or shall break down, rip up, injure, or destroy any railroad track, or railroad bridge, or any portion thereof, or place any obstruction whatever on any such rail or railroad track or bridge, widi intent that any person or property passing on and over such railroad should be injured thereby, and thereby putting in jeopardy human life, every person so offending shall be punished by solitary confinement in the state prison, for a period not less than thirty days, and by confinement afterwards, to hard labor, for a period not less than five years, according to the degree and aggravation of the offence. Sect. 2. If in consequence of any such wilful and malicious dis- placing, disadjusting, breaking down, ripping up, injuring, destroy- ing, or placing of any obstruction, as in the preceding section men- tioned, with the intent therein set forth, any person passing on and over said railroad, shall actually suffer any bodily harm or any property shall be injured, such actual suffering and injury shall be decreed and taken as an additional aggravation of the offence, and the person offending shall be punished accordingly by such further prolonged confinement to hard labor in the state prison as the cir- cumstances of the case may demand. 27 314 GENERAL LAWS CONCERNIXG RAILROADS. Sect. 3. If any person shall wilfully and maliciously displace or disadjust any railway switch or rail of any railroad, or shall break down, rip np, injure, or destroy, any railroad track, or rail- road bridge, or any portion thereof, or place any obstruction what- ever on any such rail or railroad track or bridge, with intent that any person or property passing on and over said railroad should be injured thereby, and if in consequence of such wilful and malicious displacing, disadjusting, breaking down, ripping up, injuring, destroying, or placing of obstructions as aforesaid, any person is killed, or any life or hves lost, every person so offending shall be deemed and taken to be guilty of murder and shall be liable to be indicted and tried for the crime of murder with malice aforethought. Sect. 4. It shall be the duty of the president of every railroad now or which hereafter may be put in operation in this State, to cause a printed copy of this Act to be kept constantly hung or posted up in some conspicuous place in each and every one of their several depots and station houses for passengers. Sect. 5. This Act shall take effect and be in force from and after its approval by the governor. Ajyi^oved^ July 30, 184G. L.vws OF 1847, Chap. 19. An Act additional respecting Coq^orations. Be it enacted, 4*c. That the provisions of sections fifteen, six- teen, seventeen, eighteen, nineteen, and twenty, of chapter seventy- nine of the Revised Statutes, shall be extended to all corporations, excepting banking corporations and corporations for literary and benevolent purposes, and such as by the common law are termed quasi corporations. Aliproved, July 28, 1847. Laws of 1848, Chap. 64. An Act relating to Corporations. Sect. 1. Be it enacted, 6,'c. That it shall be unlawful for any corporation, excepting corporations for literary and benevolent purposes, banking, and such as by the common law are termed quasi corporations, within this State, to make any division of the corporate funds, or property belonging to such corporation, so as to reduce the stock of such corporation below par value, except to MAINE. 315 close up the concerns of such corporation after all its debts are paid. Sect. 2. In all cases where any corporation, as aforesaid, has heretofore made, or shall hereafter make any such division of the corporate property, or funds, or of any portion thereof, and in all cases where such corporation has corporate property of any kind which is undivided, and which cannot be come at readily to be attached, or which is not attachable, any judgment creditor or creditors of such corporation or his or their attorney, may make complaint thereof to the supreme judicial court, therein setting forth in substance his or their judgment, and alleging the same to be unsatisfied by reason of inability to find corporate property wherewith to satisfy the same ; and that he or they have reason to believe and do believe that such corporation has property or rights in action in the hands of its officers or elsewhere, or that such corporation has made division of corporate property or rights in action among the stockholders thereof without first causing the payment of the debts due from such corporation, and therein set- ting forth the names of such persons as he or they shall allege to have the custody or possession of any such property or rights in action either before or after division thereof as aforesaid ; and such person whether officers or stockholders of such corporation or not, may be summoned into said court by having a copy of said com- plaint duly served upon them fourteen days before the sitting of said court, and they shall be held to make full answer thereto, and a disclosure in writing and on oath of all facts within their know- ledge relating to any corporate property, or funds, or rights in action belonging to said corporation and which may be in their hands or in the hands of any other person or which may have been divided among the stockholders of said corporation, as afore- said ; and if any person so summoned as aforesaid shall have the custody of the records of such corporation, he shall be bound to produce the same and to make such extracts therefrom in his answer, as the complainant may require and the court shall direct; and the said court or either of the judges thereof shall have power to hear said answer and disclosure, and all other evidence relating to any such property or rights in action which may be offered by either party, and shall thereupon adjudge and determine whether such persons or any of them, at the time of the service of said complaint, held any property or funds or rights in action belonging to said corporation, or which had been divided among the stock- 316 GENERAL LAWS CONCERNING RAILROADS. holders as aforesaid ; or any of said questions (at the request ot either party) may be submitted under the direction of the court to a jury to determine ; and if said court, either with or without the verdict of a jury, shall adjudge that said corporation has any cor- porate property, funds, or rights in action, in the hands of its offi- cers or stockholders, so summoned as aforesaid, or elsewhere, or has made any division thereof as aforesaid, then said court shall have full power to order and decree that said property, funds, or rights in action shall be held to respond the judgment aforesaid, and to issue all such processes to enforce the said order and decree, and to cause payment to be made to the judgment creditor or creditors as aforesaid, as they now have in cases in chancery. Sect. 3. The court shall have power to allow the amendment of said complaint, by striking out the names of any persons sum- moned as aforesaid, or by adding the names of any other persons, who shall be summoned into court and held to answer unto said complaint in such manner as the court shall direct, and also to award legal costs to any of the parties to said complaint as justice and equity may require. Approved, August 10, 1848. Laws of 1S49, Chap. 141. An Act concerning Corporations. Be it enacted ij*c. That whenever any corporation instituted by any law of this State, or any stockholder, owner, or member of such corporation, or other person, shall withhold from inspection, at all seasonable hours, the records or books of such corporation from any stockholder, owner, member, or other person interested in such records or books of such corporation, or shall neglect or refuse to exhibit the same, after due notice to produce the same for such purpose, such corporation, stockholder, member, owner, or other person so withholding, neglecting, or refusing to exhibit, as aforesaid, shall be liable to pay to the party injured thereby, all expenses and damages resulting therefrom ; and whenever action shall be pending in any court in this State, wherein the records or books of such corporation may be desired, and such corporation, stockholder, member, owner, or other person or persons, shall withhold the records or books, or cause the same to be withheld, or shall neglect or refuse to exhibit the same, as aforesaid, after due notice and demand for the production of the same, such cor- MAINE. 317 poration, stockholder, member, owner, or person, so withholding, neglecting, or refusing, or causing the same to be withheld, as aforesaid, shall be liable to the party injured thereby to pay all costs, charges, expenses, and damages resulting therefrom : Pro- vided hoivever, no stockholder, owner, or member aforesaid, shall be subject to the provisions of this Act, unless such stockholder, owner, or member, or other person, has in his custody and posses- sion such records or books, provided said books are beyond his or their control : Provided furiher, that this Act shall not affect nor operate upon any cause now pending. Approved, u\ug. 15, 1849. Latvs op 1849, Chap. 145. An Act in relation to the returns of Railroad Corporations. Sect. 1. Be it enacted, ^c. That every railroad corporation shall make an annual report to the secretary of state, of the operations of the year, ending on the first day of January, which report shall be verified by the oath of the treasurer of the corporation, and filed in the ofiice of the secretary of state, twenty days before the annual meeting of the legislature, and shall state, first, the length of the road in operation, the length of single track, the length of double track, the time when laid and the weight of the rail per yard; second, the capital stock, and the amount called and paid in ; tliird, the whole cost of the road, showing the amount expend- ed for the purchase of lands, for grading, for expenses of engineer- ing, for bridging, for masonry, for iron, for passenger and other cars ; fourth, the amount and nature of its indebtedness and the amount due to the corporation ; fifth, the number of through and way passengers and the rate of fare ; sixth, the amount received for the transportation of passengers, of property, of the mails, and other sources ; seventh, the number of depots, engine houses, shops, engnies, and cars ; eighth, the number of miles run by pas- senger, freight, and other trains respectively, and the average rate of speed ; ninth, the whole number of stockholders, and the num- ber who reside in this State ; tenth, the amount of each dividend, and when made ; eleventh, the amount charged for depreciation of road and other property ; twelfth, the number of persons injured in hfe'or limb, the cause of injury, and whether passengers or persons employed ; thirteenth, whether any such accidents have arisen from carelessness or negligence of any person in the employ 27* 318 . GENERAL LAWS CONCERNING RAILROADS. of the corporation, and whether such person is retained in the ser- vice of the corporation. Sect. 2. It shall be the duty of the secretary of state, to arrange the information which may be contained in such reports in a tabu- lar form, and prepare the same in a single document, for the use of the legislature at the commencement of its session. Sect. 3. This Act shall take effect and be in force from and after the first day of January, in the year one thousand eight hun- dred and fifty-one. Approved, August 15, 1849. RAILROAD LAWS AND CHARTERS OP ^^EW HAMPSHIRE, ARRANGED IN CHRONOLOGICAL ORDER, WITH A SYNOPSIS AND EXPLANATORY REMARKS. RAILROAD LAWS AND CHA:RTERS OF NEW HAMPSHIEE. CONCORD RAILROAD CORPORATION. INCORPORATED IN NEW HAMPSHIRE IN 1835. Chap. 1 of the Private Acts of 1835 contains the Charter. Sect. 1 grants corporate powers, and describes the route ; it also grants the right to enter on the Nashua and Lowell Railroad, paying for the right to use the same such toll as the Legislature may prescribe, and subject to the rules and regulations of the latter Company ; provided, however, that it shall not be so laid out as to be a substitute for the latter Company ; the Corporation is authorized to lay out their road six rods wide, and to take land and materials for its construction, being liable, however, for damages occasioned thereby. Sect. 2 limits the capital stock to 10,000 shares, and vests the government of the Corporation in seven Directors, a majority of whom shall form a quorum, and who shall choose officers. Sect. 3 defines the powers and duties of the President and Directors ; it authorizes them to sell the shares of any subscriber, if he fail to pay assessments, after sixty days' notice thereof by the Directors, and makes such subscriber liable for any deficiency remaining after such sale ; it limits the assessments to fifty dollars on each share ; authorizuig, if necessary, an increase of shares, to be distributed among the stockholders, in proportion to the amount of theii- original stock. Sect. 4 gives to the Company power to make by-laws and regulations, not repugnant to the laws of the State. Sect. 5 grants to the Corporation a toll for the transportation of passengers and merchandise ; reserving, however, to the Legislature, the power to reduce the rates of toll, after the expiration of five years, if the net income shall have ex- ceeded 10 per cent, per annum on the cost of the road, and provided that no other railroad shall run parallel with or be substituted for this, witliin five miles, for thirty years. Sect. 6 authorizes the Directors to erect toll-houses and collect toll. Sect. 7 provides that the Corporation shall be liable to pay damages for land taken, 323 CONCORD RAILROAD CORPORATIOX. to be estimated by a Committee to be appointed by the Court of Common Pleas ; and said court shall issue execution founded upon their report. Sect. 8 authorizes the husband of married women, and the guardian of persons incapable to contract, to release their claims for such damages. Sect. 9 affixes a penalty for damages done to the road, and establishes the mode of recovering the same. Sect. 10 appoints the time of the annual- meeting, the manner of choosing Directors and of organizing the Company, and provides for special meetings. Sect. 11 directs the manner of crossing any private way, highway, canal, or turn- pike, and makes the Company liable for damages, to be recovered ia an action on the case by any party or Corporation aggrieved ; the Avritten opinion of the Court of Common Pleas having first been obtained in favor of any required amendment or alteration. Sect. 1 2 provides that the Company must be organized, one fourth part of the stock subscribed for, the location of the route filed, and the sum of .$6000 expended before June 1, 1840, and the road completed before June 1, 1845, or this Act shall be void ; otherwise to remain in full force for fifty years, or until the State shall purchase the road as hereinafter mentioned. Sect. 1 3 enacts that the Company shall keep in good repair all bridges with their abutments and embankments, and in default thereof shall be liable in damages to any party aggrieved. Sect. 14 appoints the time of making the annual report, and requires the Company to keep their books open to the inspection of a Committee of the Legislature. Sect. 15 authorizes the erection of bridges over the Merrimack River, so a:s not to impede navigation. Sect. 16 gives this Company power to connect vnth the Boston and Lowell Rail- road, and to increase their stock so as to enable them to extend the road for that purpose. Sect. 17 reserves to the State the right, after twenty years from the completion of the road, to purchase the francliise and property of the Corporation, by paying them the cost of the road, and such sum as, with the net income of the road, shall equal 10 per cent, per annum upon its cost, if at the time of the purchase such income shall not have amounted to 12 per cent, thereon. Sect. 18 provides that nothing in this Act shall affect the rights of any existing Railroad Corporation. Chapter 29 of the Private Acts of 1839 contains an Act in addition to the foregoing. It allows the further term of two years to file a new location of the route and com- plete the road. Chapter 563 of the Laws of 1840 contains an additional Act. Sect. 1 confirms certain doings of the Company as a compliance with the Act of June 20, 1840, respecting railroad and other Corporations ; it requires them, in all cases where land damages cannot be agreed upon, to apply forthwith to the County Court for an appraisement thereof, and to give bonds, equal to t^vice the value of the land, to pay all damages ; in default thereof, they may be enjoined from proceeding further and shall be liable in treble damages. Chapter 39 of the Laws of 1843 co7itains an Act repealing a part of Section 5 of the Act incorporating the Company. NEW HAMPSHIRE. ' 323 Laavs of 1835, Ch.vp. 1. An Act to incorporate the " Concord Raikoad Corporation." Be it enacted by the Senate and IJoiise of Repi^esentaiives in General Court convened, That Isaac Hill, Richard Hazen Ayer, Charles H. Peaslee, Joseph Low. Francis N. Fisk, George Kent, Robert Davis, Abial Walker, Richard Bradley, John K. Simpson, Horatio Hill, William Gaiilt, Joseph P. Stickney. Arlond Carroll, John R. Reding, John Nesmith, Samuel Coffin, Samuel Herbert, and their associates, successors, and assigns, be and they hereby are made a body politic and corporate, under the name of the "Concord Railroad Corporation," and by that name shall be and hereby are made capable in law, to sue and be sued to final judg- ment and execution, plead and be impleaded, defend and be de- fended, in any court of record or in any other place whatever, to make, have, and use a common seal, and the same to break, renew, or alter at pleasure, and shall be and hereby are vested with all the powers, privileges, and immunities, which are or may be necessary to carry into elfect the purposes and objects of this Act, as hereinafter set forth, and subject to all the liabilities inci- dent to corporations of a similar nature. And the said corporation are hereby authorized and empowered to locate, construct, and finally complete a railroad, beginning at any point at the southerly line of the State, in either of the towns of Hudson, Pelham, or Salem — or beginning at any point in Nashua village in Dun- stable, or between the factories of the Jackson Company in Dun- stable and Merrimack River, so as to enter on the Nashua and Lowell Railroad, paying for the right to use the same or any part thereof, such a rate of toll as the legislature may from time to time prescribe, and complying with such rules and regulations as may be established by said Nashua and Lowell Railroad Corporation, and running northerly to the town of Concord, in the county of Merrimack in this State, in such manner and form as they may deem expedient : Provided, that the said Concord Railroad shall not be so laid out and constructed as to be a substitute for the Nashua and Lowell Railroad, but if commenced at the hne of the State in either of the said towns of Hudson, Pelham, or Salem, shall be carried on the easterly side of Merrimack River, as far northerly as Amoskeag village in GoiTstown. And for this pur- 324 CONCORD RAILROAD CORPORATION. pose, the said corporation are authorized to lay out their road not exceeding six rods wide, through the whole length ; and for the purpose of cuttings, embankments, and procuring stone and gravel, may take as much more land as may be necessary for the proper construction and security of said road : Provided, however, that all damages that may be occasioned to any person or persons, cor- poration or corporations, by the taking of such land or materials for the purposes aforesaid, shall be paid for by said corporation in the manner hereinafter provided. Sect. 2. That the capital stock of said corporation shall consist of ten thousand shares, and the immediate government and direc- tion of the affairs of the said corporation shall be vested in seven directors, who shall be chosen by the members of the corporation in the manner hereinafter provided, and shall hold their offices until others shall be duly elected and qualified to take their place as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall also be president of the corporation, and shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty ; who shall also be clerk of the corporation unless the corporation shall elect some other person to that office ; a treasurer, who shall give bonds to the corporation with sureties to the satisfaction of the directors in a sum not less than twenty thousand dollars, for the faithful discharge of his trust ; also, all other such agents and servants as shall from time to time be necessary. Sect. 3. That the president and directors for the time being are authorized and empowered by themselves or their agents, to exer- cise all the powers herein granted to the corporation for the pur- poses of locating, constructing, and completing said railroad ; and for the transportation of persons, goods, and merchandise thereon ; and all such other powers and authority for the management of the affairs of the corporation, not heretofore granted, as may be necessary and proper to carry into effect the object of this grant, to purchase and hold land, materials, engines, cars, and other neces- sary things in the name of the corporation, for the use of said road and for the transportation of persons, goods, and merchandise ; to make such equal assessments from time to time on all the shares in said corporation as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation ; and the treasurer shall NEW HAMPSHIRE. 325 give notice of such assessments. And in case any subscriber shall neglect to pay his assessments for the space of sixty days after due notice by the treasurer of said corporation, the directors may order the treasiu'er to sell the share or shares of such delinquent subscri- ber at public auction, after due notice thereof, to the highest bidder, and the same shall be transferred to the purchaser. And such delinquent subscriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with interest and costs of sale, and shall be entitled to the overplus if any there be. Provided, however, that no assessments shall be laid upon any share in said corpora- tion of a greater amount than fifty dollars in the whole on each share. And if a greater amount of money shall be necessary to complete the said road, it shall be raised by creating new shares, giving the stockholders in said corporation the right to take said stock in proportion to the stock by them respectively owned in said corporation. Sect. 4. That the said corporation shall have power to make, ordain, and establish all such by-laws, rules, regulations, and ordinances as they shall deem expedient and necessary to accom- plish the designs and purposes, and to carry into eifect the provis- ions of this Act, and for the well ordering, regulating, and securing, the interests and affairs of the corporation. Provided the same be not repugnant to the constitution and laws of this State. Sect. 5. That a toll be and hereby is granted and established for the sole benefit of said corporation upon all passengers and pro- perty of all descriptions, which may be conveyed or transported upon said road, at such rates per mile as may be agreed upon and established from time to time by the directors of said corporation. The transportation of persons and property, the construction of wheels, the forms of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road shall be in conformity to such rules, regulations, and provisions as the directors shall from time to time prescribe and direct, and said road may be used by any person or persons, who shall comply with such rules and regulations. Provided, that if at the expiration of five years from and after the opening of said road for use, the net income or receipts from tolls and other profits, shall have amount- ed to more than ten per cent, per annum upon the whole cost of the road from the time of the disbursements, the legislature of this State may take measures to alter and reduce the rate of tolls and 28 326 CONCORD RAILROAD CORPORATION. Other profits in such manner as to take oif the overplus for the next five years, calculating the amount of transportation upon the road to be the same as the five preceding years; and at the expiration of every five years the same proceedings may be had. Provided, however, that there shall be no other railroad incorporated to run parallel with or intended as a substitute for the Concord Railroad within five miles thereof for the space of thirty years. Sect. 6. That the directors of said corporation for the time being are hereby authorized to erect toll-houses and houses for the deposit of merchandise, establish gates, appoint toll-gatherers, and demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed. Sect. 7. That the said corporation shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, by taking their land or other property for said rail- road, when the same cannot be obtained by voluntary agreement, to be estimated by a committee to be appointed for that purpose, by the court of common pleas for the county wherein such dam- ages shall accrue, and said court may issue execution founded on the report of such committee against said corporation for such sura in damages as said committee shall report and cost. Sect. 8. That when the lands or other property or estate of any feme covert, infant, or person noii compos mentis, shall be necessary for the construction of said railroad, the husband of such feme covert, and the guardian of such infant, or person non comjms tnen- tis, may release all damages for any land or estate taken and ap- propriated as aforesaid, as they might do if the same were holden by them in their own right respectively. Sect. 9. That if any person or persons shall unlawfully, wil- fully, and maliciously obstruct the passage of any carriage on said railroad, or in any way injure, spoil, or destroy said railroad or any part thereof, or shall aid or assist therein, such person or per- sons so obstructing the passage of such carriage, or so injuring, spoiling, or destroying said railroad or any part thereof, or so aid- ing or assisting therein, shall for every such offence, on conviction thereof before any court of competent jurisdiction, forfeit and pay a fine not less than thirty dollars nor more than five hundred dol- lars, for the use of the county wherein such ofience may be com- mitted, and may be imprisoned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. NEW HAMPSHIRE. 327 Sect. 10. That the annual meeting of the members of said cor- poration shall be holden on the first Wednesday of July, at such place within this State, as the directors for the time being shall appomt ; at which meeting seven directors shall be chosen by bal- lot, each proprietor being entitled to as many votes as he holds shares, provided they do not exceed one tenth part of the whole number ; and the three persons first named in this Act, or any two of them, are hereby authorized to call the first meeting of said corporation, by giving notice in the New Hampshire Patriot and State Gazette, published at Concord, in the county of Merrimack, in this State, and in some paper published in Lowell, and some paper published in the city of Boston, in the Commonwealth of Massachusetts. And the directors are hereby authorized to call special meetings of the stockholders, whenever they shall deem it expedient and proper, giving such notice as the corporation by their by-laws shall direct. Sect. 11. That if the said railroad in the course thereof shall intersect or cross any private way, the said corporation shall so construct said railroad as not to obstruct the safe and convenient use of such private way ; and if said railroad shall not be so con- structed, the party aggrieved shall be entitled to his action on the case in any court proper to try the same, and shall recover his reasonable damages for such injury ; and if the said railroad shall in the course thereof intersect or cross any canal, turnpike, or other highway, which has been or may hereafter be laid out in pursuance to the laws of this State, the said railroad shall be so constructed as not to impede or obstruct the safe and convenient use of such canal, turnpike, or other highway. And the said cor- poration shall have the power to raise or lower such turnpike, highway, or private way, so that the said railroad, if necessary, may conveniently pass under or over the same ; and if said corpo- ration shall raise or lower any such turnpike, highway, or private way, and shall not so raise or lower the same as to be satisfactory to the proprietors of such turnpike or to the selectmen of the town in which said highway or private way may be situate, as the case may be, said proprietors or selectmen may require in writing of said corporation such alteration or amendment as they rndLj think necessary. And if the required amendment or alteration be reason- able and proper, in the written opinion of the justices of the court of common pleas for the county in which such alteration or amend- ment is proposed, and the said corporation shall unnecessarily and 828 COIfCORD RAILROAD CORPORATION. unreasonably neglect to make the same, such proprietors or select- men, as the case may be, may proceed to make such alteration or amendment, and may institute and prosecute to final judgment and execution in any court proper to try the same, any action of the case against said corporation, and shall therein recover reason- able damages for all charges, disbursements, labor, and services occasioned by making such alterations or amendments, with costs of suit. Sect. 12. That if said corporation shall not have been organized, one fourth part of the stock subscribed, and the location of the route filed with the Secretary of State on or before the first day of June, eighteen hundred and thirty-seven, or shall not have laid out and expended the sum of six thousand dollars towards the completion of the same, previous to the first day of September, in the year of our Lord eighteen hundred and forty, or shall fail to complete the same before the first day of June, eighteen hundred and forty-five, in either of the abovementioned cases this Act shall be null and void ; — otherwise to remain in full force fifty years from the passage of this Act, or until this State shall purchase said rail- road as is hereinafter mentioned. Sect. 13. That said railroad corporation shall constantly main- tain in good repair, all bridges with their abutments, and embank- ments, which they may construct for the purpose of conducting their railroad over any canal, turnpike, or other highway, or any private way, or for conducting such private way, turnpike, or other highway, over said railroad ; and in default thereof shall be liable, in an action of the case, to respond in damages to the party aggrieved. Sect. 14. That it shall be the duty of the directors of said cor- poration, from year to year, on or before the first Wednesday of June, to make a report to the legislature of this State, of their Acts and doings, receipts and expenditures under the provisions of this Act. And their books shall at all times be open to the inspec- tion of any committee of the legislature appointed for that purpose. And if said corporation shall unreasonably neglect or refuse to make such report, at the expiration of every year after the open- ing of said railroad, for every such neglect or refusal they shall forfeit and pay to the use of the State a sum not exceeding five thousand dollars, to be recovered by action or nidictment in any court of competent jurisdiction. Sect. 15. That the said corporation be and they hereby are NEW HAMPSHIRE. 329 authorized and empowered to erect, for the sole use and exclusive ac- commodation of the travel on their said railroad, if they shall deem it necessary, such bridge or bridges as may be required across the waters of the Merrimack River, provided said bridge, or bridges shall be so constructed as not to obstruct, nor unnecessa- rily impede the navigation of said river. Sect. 16. That the said Concord Railroad Corporation shall have full power and authority to extend the said railroad from the southern line of this State, so as to connect with the Boston and Lowell Railroad, whenever the State of Massachusetts shall have granted to said corporation power so to do ; and for that purpose said corporation may have, and receive from said State, power, and authority so to extend said railroad with such reasonable and proper restrictions, qualifications, and conditions as may be requir- ed by said State, and agreed to by the stockholders at a meeting called for that purpose ; and to enable said corporation so to extend said railroad, the capital stock of said corporation may be enlarged by new shares, so far as may be necessary to defray the expenses of so extending said railroad and other charges and expenses, inci- dent thereto. Provided^ the stockholders have a right to subscribe for such new shares, in proportion to the stock held by each respect- ively in said Concord Railroad Corporation. Sect. 17. That this State, at any time during the charter of the Concord Railroad Corporation, after the expiration of twenty years from the time of the completion of said road, may purchase the same of said corporation, and all the franchise, rights, and privi- leges of said corporation, by paying them therefor the amount ex- pended in making said road ; and in case, at the time of such pur- chase, the said corporation shall not have received a net income equal to twelve per cent, per annum on the amount of such ex- penditure, from the time of the payment thereof by the stockhold- ers, by paying said corporation such additional sum, as together with the tolls and profits of every kind which they shall have re- ceived from said railroad, will be equal to a net profit of ten per cent, per annum on the cost of said road from the time of pay- ment thereof by the stockholders to the time of purchase. Sect. IS. That nothing in this Act shall be so construed as to afiect the rights of any railroad corporation heretofore granted, and that the legislature may at any time hereafter alter, amend or modify this Act or any of its provisions. Approved^ June 27, 1835. 28* 330 CONCORD RAILROAD CORPORATION. Laws op 1839, Chap. 29. An Act in addition to and in amendment of an Act to incorporate the Concord Railroad Corporation, passed June 27, 1835. Be it enacted, <^c. That there shall be and hereby is allowed to the Concord Railroad Corporation the term of two years from the passage of this Act, to file with the Secretary of State a new location of the route of said road, and to construct and finally complete the same accordingly, any thing in their Act of incorpo- ration to the contrary notwithstanding. Approved, July 5, 1839. Laws of 1840, Chap. 563. An Act in addition to and explanatory of an Act relating to Railroad and other Corporations, passed June 20, 1840. Whereas the Concord Railroad Corporation, prior to the passage of the Act aforesaid, had caused large sums of money to be raised by assessment on the capital stock of said corporation, had pro- cured a survey of their route to be made and filed a location of the same in the ofiice of the Secretary of State, and had done all other acts and thmgs required by their charter with a view to a construction of said road, and whereas doubts have arisen whether these are such a commencement of the road as was intended in the Act passed as aforesaid ; therefore Sect. 1. Be it enacted, ^-c. That said acts and doings of said corporation shall be considered a commencement of said road un- der their charter, within the meaning and intention of said Act of June 20, 1840, of which this is explanatory : Provided, that where on account of land being owned by corporations or by individuals without the government, or for other cause, the proprietors of said railroad shall be unable to agree upon a purchase of land, in all such cases it shall be the duty of said railroad corporation to apply forthwith to the court within the county where the lands are sit- uated, to cause the same to be appraised, and said court shall cause said corporation to file, at once, good and sufficient security in spe- cie or otherwise, equal to double the value of said land, and all damage that may accrue to the owners of the same; and in default of furnishing such security agreeably to the order of said court, NEW HAMPSHIRE. 331 the said court shall issue an injunction against any further pro- ceedings of said corporation, and said corporation shall be liable in treble damages for all injury they may have occasioned to the same. Sect. 2. That all Acts and parts of Acts inconsistent with this Act be and the same are hereby repealed. Approved, December 23, 1840. Laws of 1843, Chap. 39. An Act in amendment of the charter of the Concord Railroad Corporation. Be it enacted, 6)'c. That so much of the fifth section of the Act entitled "An Act to incorporate the Concord Railroad Corpora- tion," as is in the words following, to wit : " and said road may be used by any person or persons who shall comply with such rules and regulations ;" be and the same is hereby repealed. Ap- proved, June 30, 1843. IvEENE RAILEOAD COMPANY. INCORPORATED IN NEW HAMPSHIRE IN 1835. Chapter 7 of the Private Acts of 1835 contains the Charter. Sect. 1 grants corporate powers and describes the location of the route ; it author- izes the Company to lay out a road six rods wide, and to take land and materials for its construction, being liable, however, for damages occasioned thereby. Sect. 2 limits the capital stock to 10,000 shares, and vests the government of the Corporation in seven Directors, a majority of whom shall form a quorum, and who shall choose officers. Sect. 3 defines the powers and duties of the President and Directors ; it authorizes them to sell the shares of any subscriber, if he fail to j^ay assessments, after 60 days' notice thereof by the Directors, and makes such subscriber liable for any deficiency remaining after such sale ; it limits the assessments to $50 on each share, authorizing, however, if necessary, an increase of shares, to be distributed among the stockholders, in proportion to the amount of their original stock. Sect. 4 gives to the Company power to make by-laws and regulations, not repugnant to the laws of the State. Sect. 5 grants to the Corporation a toll, for the transportation of passengers and freight ; reserving, however, to the Legislature the right to reduce the rates of toll, after the term of five years, if the net income thereof shall have exceeded 1 per cent, per annum on the cost of the road, so that the net income shall equal that sum for 332 KEEISTB RAILROAD COMPANY. five years, and so proceed at the end of each five years ; provided that no other Rail- road shall run parallel with or be a substitute for this, within five miles, for thirty years. Sect. 6 authorizes the Directors to erect toll houses and collect toll. Sect. 7 provides that the corporation shall be liable to pay damages for land taken, to be estimated by a committee to be appointed by the Court of Common Pleas, and said Court shall issue execution founded on their report. Sect. 8 authorizes husbands of married women and guardians of persons incompe- tent to contract, to release their claims for damages. Sect. 9 subjects any person injuring or obstructing the road, to a fine and imprison- ment. Sect. 10 appoints the time of the annual meeting, the manner of choosing Directors and of organizing the Company, and provides for special meetings. Sect. 11 dii-ects the manner of crossing any private way, highway, canal, or turn- pike, and makes the Company liable for damages, to be recovered in an action on the case by any person or the Selectmen of any town aggrieved ; provided he or they shall have submitted in writing any proposed alteration or amendment, and the Court of Common Pleas shall have approved the same in writing. Sect. 12 provides that, if said Corporation shall not be organized, one fourth part of the stock subscribed for, and the location filed before June 1, 1837, or $6000 ex- pended before September 1, 1840, or the road completed before Jujie 1, 184:5, this Act shall be void ; otherwise to remain in full force for fifty years, or until the State shall purchase the road, as hereinafter mentioned. Sect. 13 requires the Company to keep in good repair all bridges, and in default thereof to pay damages to the party aggrieved. Sect. 14 appoints the time of making the Annual Report, and requires the Com- pany to keep their books open to the inspection of a committee of the Legislature, and subjects them to a penalty for neglecting or refusing so to do. Sect. 15 empowers this Company to extend their road so as to unite with the Wor- cester or Lowell Railroad, in Massachusetts, and to increase their stock for that purpose, and divide it among the original stockholders. Sect. 16 reserves to the State the right, after twenty years, to purchase the franchise and property of the Corporation, by paying them the cost of the road, and such sum as with the net income shall equal 12 per cent, thereon per annum from the time of pajTuent by the stockholders. Sect. 17 provides that notliing in this Act shall aifect the rights of any existing Railroad Corporation. Peivate Acts of 1835, Chap. 7. An Act to incorporate the Keene Railroad Company. Sect. 1. Be it enacted^ ^-c. That Aaron Appleton, Salma Hale, Joel Parker, Samuel Dinsmoor, Phinehas Fiske, Justus Perry, Phinehas Handerson, John H. Fuller, William Lamson, Amos Twitchell, John Wood, John Elliot, their associates, successors, and assigns, be and they hereby are made a body politic and cor- porate under the name of the Keene Railroad Company ; and by NEW HAMPSHIRE. 333 that name shall be and hereby are made capable in law, to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended, in any court of record or in any other place whatever, to make, have and use a common seal, and the same to break, alter or renew at pleasure, and shall be and hereby are vested with all the powers, privileges, and immunities, which are or may be necessary to carry into effect the purposes and ob- jects of this Act, as hereinafter set forth, and subject to all the lia- bilities incident to corporations of a similar nature. And the said corporation is hereby authorized and empowered to locate, con- struct, and finally complete a railroad beginning at the village in the town of Keene and county of Cheshire, and thence running to the line of this State, terminating in the town of Fitzwilliam or Rindge, in the direction towards Worcester, in the State of Massa- chusetts, or in an easterly direction, &c. on such route or track as shall combme shortness of distance with the most practicable ground, in such manner and form as by said corporation may be deemed expedient. And for this purpose the said corporation are hereby authorized to lay out their road not exceeding six rods wide, through the whole length; and for the purpose of cutting, embanking, and procuring stone and gravel, may take as much more land as may be necessary for the proper construction and security of said road. Provided, however, that all damages which may be occasioned to any person or persons, corporation or corpo- rations, by the taking of such land or materials for the purposes aforesaid, shall be paid for by said corporation in the manner here- inafter provided. Sect. 2. That the capital stock of said corporation shall consist of ten thousand shares, and the immediate government and direc- tion of the affairs of said corporation shall be vested in seven di- rectors, who shall be chosen by the members of the corporation in the manner hereinafter provided, and shall hold their offices until others shall be duly elected and qualified to take their place as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall also be president of the corporation, and shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duties; and who shall also be clerk of the corporation unless the corpora- tion shall elect some other person to that office ; a treasurer who shall give bonds to the corporation with sureties to the satisfaction of the directors in a sum not less than twenty thousand dollars, for 334 KEENE RAILKOAD COMPANY. the faithful discharge of his trust; also, all other such agents and servants as shall from time to time be necessary. Sect. 3. That the president and directors for the time being are authorized and empowered by themselves or their agents, to exer- cise all the powers herein granted to the corporation for the pur- poses of locating, constructing and completing said railroad ; and for the transportation of persons, goods, and merchandise thereon ; and all such other powers and authority for the management of the affairs of the corporation, not heretofore granted, as may be necessary and proper to carry into effect the object of this grant, to purchase and hold land, materials, engines, cars, and other ne- cessary things in the name of the corporation, for the use of said road and for the transportation of persons, goods, and merchandise ; to make such equal assessments from time to time on all the shares in said corporation as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation ; and the treasurer shall give notice of such assessments. And in case any subscriber shall neg- lect to pay his assessment for the space of sixty days after due notice by the treasurer of said corporation, the directors may order the treasurer to sell the share or shares of such delinquent sub- scriber at public auction, after due notice thereof, to the highest bidder therefor, and the same shall be transferred to the purchaser. And such delinquent subscriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with interest and costs of sale, and shall be entitled to the overplus if any there be. Provided, however, that no assessments shall be laid upon any share in said corporation, of a greater amount than fifty dollars in the whole on each share. And if a greater amount of money shall be necessary to complete the said road, it shall be raised by creating new shares, giving the stockholders in said corporation the right to take said stock, in proportion to the stock by them respectively owned in said corporation. Sect. 4. That the said corporation shall have power to make, ordain, and establish all such by-laws, rules, regulations and ordi- nances as they shall deem expedient and necessary to accomplish the designs and purposes, and to carry into efiect the provisions of this Act, and for the well ordering, regulating, and securing the in- terests and affairs of the corporation. Provided the same be not repugnant to the constitution and laws of this State. Sect. 5. That a toll be, and hereby is, granted and established NEW HAMPSHIRE. 335 for the sole benefit of said corporation, upon all passengers and property of every description, which may be conveyed or trans- ported upon said road, at such rates per mile as may be agreed upon and established from time to time by the directors of said corpora- tion. The transportation of persons and property, the construc- tion of wheels, the forms of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations and provisions as the directors shall from time to time prescribe and direct, and said road may be used by any person or persons, who shall comply with such rules and regulations. Provided, that if at the expira- tion of fi.ve years from and after the opening of said road for use, the net income or receipts from tolls and other profits, shall have amounted to more than ten per cent, per annum upon the whole cost of the road from the time of the disbursements, the legislature of this State may take measures to alter and reduce the rate of tolls and other profits, in such manner as to take ofl' the over- plus for the next five years, calculating the amount of transporta- tion upon the road to be the same as the five preceding years ; and at the expiration of every five years the same proceedings may be had. Provided hoivever, that there shall be no other rail- road incorporated to run parallel with or intended as a substitute for the Keene Railroad within five miles thereof, for the space of thirty years. Sect. 6. That the directors of said corporation for the time being are hereby authorized to erect toll houses and houses for the de- posits of merchandise, establish gates, appoint toll gatherers, and demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed. Sect. 7. That the said corporation shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, by taking their land or other property for said Rail- road, when the same cannot be obtained by voluntary agreement, to be estimated by a committee to be appointed for that purpose by the court of common pleas for the county wherein such damages shall accrue ; and said court may issue execution founded on the report of such committee against said corporation, for such sum in damages as said committee shall report, and costs. Sect. 8. That when the lands or other property or estate of any feme covert, infant, or person non compos mentis, shall be necessary for the construction of said Railroad, the husband of such feme 336 KEEXE RAILROAD COMPANY. covert, and the guardian of such infant or person 7io7i compos mentis, may release all damages for any land or estate taken and appropriated as aforesaid, as they might do if the same were holden by them in their own right respectively. Sect, 9. That if any person or persons shall unlawfully, wil- fully, and maliciously obstruct the passage of any carriage on said railroad, or in any way injure, spoil, or destroy said railroad or any part thereof, or shall aid or assist therein, such person or per- sons so obstructing the passage of such carriage, or so injuring, spoiling, or destroying said railroad or any part thereof, or so aid- ing or assisting therein, shall for every such offence, on conviction thereof before any court of competent jurisdiction, forfeit and pay a fine not less than thirty dollars, nor more than five hundred dollars, for the use of the county wherein such offence may be committed ; and may be imprisoned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Sect. 10. That the annual meeting of the members of said cor- poration shall be holden on the 1st Wednesday of January, at such place within this State, as the directors for the time being shall appoint ; at which said meeting seven directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares, provided they do not exceed one tenth part of the whole number : and the three persons first named in this Act, or any two of them, are hereby authorized to call the first meeting of said corporation, by giving notice in one or more of the news- papers published in said Keene, of the tmie, place and purpose of such meeting, at least three weeks before the time mentioned in said notice. — And the directors are hereby authorized to call spe- cial meetings of the stockholders, whenever they shall deem it ex- pedient and proper, giving such notice as the corporation by their by-laws shall direct. Sect, 11, That if the said railroad in the course thereof shall intersect or cross any private way, the said corporation shall so construct said railroad as not to obstruct the safe and convenient use of such private way ; and if said railroad shall not be so con- structed, the party aggrieved shall be entitled to his action on the case in any court proper to try the same, and shall recover his reasonable damages for such injury ; and if the said railroad shall in the course thereof intersect or cross any canal, turnpike, or other highway, which has or may hereafter be laid out in pursuance to XEW HAMPSHIRE. 337 the laws of this State, the said raih'oad shall be so constructed as not to impede or obstruct the safe and convenient use of such canal, turnpike, or other highway. And the said corporation shall have the pov/er to raise or lower such turnpike, highway, or private way, so that the said railroad, if necessary, may conveniently pass imder or over the same ; and if said corporation shall raise or lower any such turnpike, highway, or private way, and shall not so raise or lower the same as to be satisfactory to the proprietors of such turnpike, or to the selectmen of the town in which said high- way, or private v/ay, may be situate, as the case may be, said pro- prietors or selectmen may require in writing of said corporation, such alteration or amendment as they may think necessary. And if the required amendment or alteration be reasonable and proper, in the written opinion of the justices of the court of common pleas for the county in which such alteration or amendment is proposed, and the said corporation shall unnecessarily and unreasonably neglect to make the same, such proprietors or selectmen, as the case may be, may proceed to make such alteration or amendment ; and may institute and prosecute to final judgment and execution in any court proper to try the same, any action of the case against said corporation, and shall therein recover reasonable damages for all charges, disbursements, labor, and services occasioned by mak- ing such alterations or amendments, with costs of suit. Sect. 12. That if said corporation shall not have been organ- ized, one fourth part of the stock subscribed, and the location of the route filed with the secretary of state on or before the first day of June, eighteen hundred and thirty-seven, or shall not have laid out and expended the sum of six thousand dollars towards the completion of the same, previous to the first day of September in the year of our Lord eighteen hundred and forty, or shall fail to com- plete the same before the first day of June, eighteen hundred and forty-five, in either of the abovementioned cases this Act shall be null and void — otherwise to remain in full force fifty years from the passage of this Act, or until this State shall purchase said rail- road as is hereinafter mentioned. Sect. 13. That said railroad corporation shall constantly main- tain in good repair all bridges, with their abutments and embank- ments, which they may construct for the purpose of conducting their railroad over any canal, turnpike, or other highway, or any private way, or for conducting such private way, turnpike, or other highway, over said railroad, and in default thereof shall be liable 29 338 KEENE RAILROAD COMPANY. in an action of the case, to respond in damages to the party aggrieved. Sect. 14. That it shall be the duty of the directors of said cor- poration from year to year, on or before the 2d Wednesday of June, to make a report to the Legislature of this State, of their acts and doings, receipts and expenditures under the provisions of this Act. And their books shall at all times be open to the inspection of any committee of the legislature appointed for that purpose. And if said corporation shall unreasonably neglect or refuse to make such report, at the expiration of every year after the opening of said railroad, for every such neglect or refusal they shall forfeit and pay to the use of the State a sum not exceeding five thousand dollars, to be recovered by action or indictment in any court of competent jurisdiction. Sect, 15. That the said Keene Railroad Corporation shall have full power and authority to extend the said road from the southern line of this State, so as to connect with the Worcester or Lowell Railroad, whenever the State of Massachusetts shall have granted to said corporation power so to do ; and for that purpose said cor- poration may have and receive from said State power and authority so to extend said railroad, with such reasonable and proper restric- tions, qualifications, and conditions as may be required by said State, tmd agreed to by the stockholders at a meeting called for that purpose ; and to enable said corporation so to extend said rail- road, the capital stock of said corporation may be enlarged by new shares, so far as may be necessary to defray the expenses of so ex- tending said railroad, and other charges and expenses incident thereto. Provided^ the stockholders have a right to subscribe for such new shares, in proportion to the stock held by each respect- ively in said Keene Railroad Corporation. Sect. 16. That this State at any time during the charter of the Keene Railroad Corporation, after the expiration of twenty years from the time of the completion of said road, may purchase the same of said corporation, and all the franchise, rights, and privileges of said corporation, by paying them therefor the amount expended in making said road ; and in case, at the time of such purchase, the said corporation shall not have received a net income equal to twelve per cent, per annum on the amount of such expenditure, from the time of the payment thereof by the stockholders, by pay- ing said corporation such additional sum, as together with the tolls and profits of every kind which they shall have received from NEW HAMPSHIRE. 339 said railroad, will be equal to a net profit of ten per cent, per annum on the cost of said road, from the lime of payment thereof by the stockholders to the time of purchase. Sect. 17. That nothing in this Act shall be so construed as to infringe on the rights of any railroad corporation heretofore granted, and that this or any future legislature may alter, amend, or modify this Act or any of its provisions. Approved^ June 27. 1835. BOSTON AND MAINE RAILROAD. INCORPORATED IN NEW HAMPSHIRE IN 1835. Chapter liofthe Private Acts of 1835 contains the Charter. Sect. 1 grants corporate powers, describes the route, authorizes the Company to build a road sLx rods wide, and take land and materials for its construction, being liable for land damages. Sect. 2 limits the capital stock to 6000 shares of $100 each ; vests the government of the Corporation in five Directors, a majority of whom shall constitute a quorum, and who shall choose oilicers. Sect. 3 defines the powers and duties of the President and Directors ; authorizing them to sell the shares of any subscriber who shall fail to pay assessments due, after thirty days' notice, and making him liable for any deficiency remaining after such sale; limiting the assessments to $100 on each share ; and providing that new shares may be created, if necessary, to be distributed among the original stock- holders. Sect. 4 authorizes the Corporation to make by-laws not repugnant to the laws of the State. Sect. 5 grants to the Corporation a toll for the transportation of passengers and freight, reserving to the Legislature the right to reduce the rates of toll, after five years, if the net income shall have exceeded 10 per cent, per annum on the cost of the road, to an amount equal to that sum for the succeeding five years, and so proceed at the expiration of each five years thereafterwards. Sect. 6 authorizes the Directors to erect toll houses and collect toll. Sect. 7 makes the Company hable to pay land damages, to be estimated by a com- mittee appointed for that purpose by the Court of Common Pleas for the county. Sect. 8 provides that the husband of any married woman, and the guardian of an infant or person non compos meyitis, may release claims for such damages. Sect. 9 subjects any person injuring or obstructing the road to a fine and imprison- ment. Sect. 10 appoints the time of the annual meeting, when Directors shall be chosen ; estabhshes the manner of organizing the Company ; and authorizes that special meetings shall be called when necessary. Sect. 1 1 directs the mode of crossing any private way, highway, turnpike, or canal, and makes the Company hable for damages, to be recovered in an action on the 340 BOSTON AND MAINE RAILROAD. case by any person, or tlie Selectmen of any town aggrieved, provided he or they shall have submitted in writing any proposed alteration or amendment, to the Court of Common Pleas, who shall have approved the same in writing. Sect. 12 proliibits any other railroad from bemg chartered, commencing and run- ning within five miles of either terminus of this road, or running parallel with it ; allows any other Railroad to enter upon this, by paying such rates of toll as the Legislature may prescribe ; allows this road to enter upon any other to be char- tered by the State of Massachusetts or Maine, and reserves to this State the right after twenty years from the opening of the road for use, to purchase the franchise and property of the Corporation, by paying the amount expended by them, mth such further sum as with the net income of the road shall equal 10 per cent, per annum on its cost ; and after such purchase the limitation in this section to cease. Sect. 13 provides that, if one fourth part of the stock be not subscribed for, the Company organized, and the location filed, before the first Wednesday in June, 1837, and $10,000 expended before September 1, 1840, this Act shall be void ; oth- erwise it shall remain in full force for fifty years herefrom. Sect. 14 requires that the Company keep in good repair all bridges. Sect. 15 provides that nothing in this Act shall affect the rights of any existing Railroad Corporation, and that the Legislature may alter or amend tMs Act. Chapter 22 of the Private Acts of 1S38 contains an Act in addition to the foregoing, authorizing an alteration of the route, 2}rovided it be fled before Se2otember 1, 1839. Chapter 6 of the Pricate Acts of 1841 contains An Act to unite certain Railroads. Sect. 1 provides that the Boston and Portland Railroad Company, incorporated in Massachusetts, the Maine, New Hampshire and Massachusetts Railroad Company, incorporated in Maine, and the Dover and "Winnipiseogee Railroad incorporated in this State are hereby united Avith, and made one corporation under the name of the Boston and Maine RaUroad, and the stockholders of each are made stockholders of the other companies, and all franchises and privileges granted in each State shall be enjoyed by said Company. Sect. 2 requires that one or more of the officers of said Company shall reside in this State, on whom process may be served, and the Company shall be held to answer where such service is returnable. Sect. 3 provides that the Company shall keep separate accounts of their expendi- tures in each State, and that three commissioners shall be appointed, one by each State, to apportion said expenditures and to approve the Annual Report to this Legislature. Sect. 4 enacts that the laws of each State shall be held to apply to that portion of the road within that State. Sect. 5 requires that this Act must be accepted by the Boston and Maine Railroad, and one or more of the other Corporations above named, at a legal meeting held for that purpose, in order to be of effect, and that similar Acts must be passed by the Legislatures of ISIassachusetts and Maine, before this will apply to those incor- porated there. Chapter 290 of the Private Acts of 1845 contains an Act to unite this Railroad with the Boston and Maine Railroad Extension Company, incorporated in Massachusetts. Sect. 1 provides that the Boston and Maine Railroad Extension Company, incorpo- NEW HAMPSHIEE. 341 • rated in IMassacliiisetts, be united with, this Company under the name of the Bos- ton and JSIaine Railroad Company, and that said united Company shall hold the franchises and property of both Corporations. Sect. 2 enacts that this Act shall take effect, when it shall be accepted by both Cor- porations at meetings called for that purpose, and the union shall be authorized by the Legislature of Massachusetts. Laws of 1835, Chap. 14. An Act to incorporate the "Boston and Maine Raikoad." Sect. 1. Be it enacted, <^'c. That William Hale, Andrew Pierce, James Bartlett, Joseph Smith, Stephen Hanson, Asa Freeman, William Hale, Jr., John P. Hale, James B. Creighton, John Hous- tin, N. Oilman, 3d, Moses Sanborn, James Bell, J. Burley, J. H. Duncan, and Jeremiah Morrill, their associates, successors, and assigns be, and they hereby are made a body politic and corporate, under the name of the " Boston and Maine Railroad," and by that name shall be and hereby are made capable in law to sue and be sued to final judgmxent and execution, plead and be impleaded, defend and be defended, in any court of record, or in any other place whatever, to make, have, and use a common seal, and the same to break, alter, or renew at pleasure, and shall be and hereby are vested with all the powers, privileges, and immunities, which are or may be necessary to carry into effect the purposes and ob- jects of this Act, as hereinafter set forth, and subject to all liabili- ties incident to corporations of a similar nature. And the said cor- poration is hereby authorized and empowered to locate, construct, and finally complete a railroad beginning at Haverhill, in the Commonwealth of Massachusetts, at the line which divides said Commonwealth of Massachusetts from said State of New Hamp- shire, thence running in a northerly direction to the line which divides said State of New Hampshire from the State of Maine, in such manner and form as they shall deem most expedient. And for this purpose the said corporation are authorized to lay out their road not exceeding six rods wide, through the whole length thereof; and for the purpose of cuttings, embankments, and obtaining stone, and gravel, may take as much more land as may be necessary for the proper construction and security of said road. Provided, hoio- ever, that all damages which may be occasioned to any person or persons, corporation or corporations, by the taking of such land or 29* 342 BOSTON AiSTD MAINE RAILROAD. * materials for the purpose aforesaid, shall be paid for by said corpo- ration in the manner hereinafter provided. Sect. 2. That the capital stock of said corporation shall consist of six thousand shares, of one hundred dollars each. The imme- diate government and direction of the affairs of the corporation shall be vested in five directors, who shall be chosen by the mem- bers of the corporation in the manner hereinafter provided, who shall hold their offices for one year, and until others shall be duly elected and qualified to take their place as directors. And the said directors, a majority of whom shall form a quorum for the transac- tion of business, shall elect one of their own number to be president of the board, who shall also be president of the corporation, and said directors shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty ; and said clerk so ap- pointed shall also be the proprietors' clerk, unless said proprietors shall elect a clerk, and a treasurer, who shall give bonds to the cor- poration, with one or more sureties to the satisfaction of the direct- ors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust. Sect. 3. That the president and directors for the time being are authorized and empowered, by themselves or their agents, to exer- cise all the powers herein granted to the corporation for the purposes of locating, constructing, and completing said railroad ; and all such other power and authority for the management of the affairs of the corporation, not heretofore granted, as may be necessary and proper to carry into effect the object of this grant ; to purchase and hold land, materials, engines, cars, and other necessary things in the name of the corporation, for the use of said road ; to make such equal assessments from time to time on all the shares in said corporation as they may deem expedient and necessary, in the execution and progress of the work, and direct the same to be paid to the treas- urer of the corporation ; and the treasurer shall give notice of all such assessments. And in case any subscriber shall neglect to pay his assessment, for the space of thirty days after due notice by the treasurer of said corporation, the directors may order the treasurer to sell the share or shares of such delinquent subscriber at public auction, after giving due notice thereof, to the highest bidder, and the same shall be transferred to the purchaser. And such delin- quent subscriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assess- aients due thereon, with the interest and cost of sale, and he shall NEW HAMPSHIRE. 343 be entitled lo the overplus if his share or shares shall sell for more than the assessments due, with the interest and cost of sale. Pro- vided, however, that no assessments shall be laid upon any share in said corporation of a greater amount than one hundred dollars in the whole on each share. And if a greater amount of money- shall be necessary to complete the said road, it shall be raised by creating new shares, giving the stockholders in said corporation the right to take said stock, in proportion to the stock by them respectively owned in said corporation. Sect. 4. That the said corporation shall have power to make, ordain, and establish all such by-laws, rules, regulations, and ordinances as they shall deem expedient and necessary to accom- plish the designs and purposes, and to carry into effect the provi- sions of this Act, and for the well ordering, regulating, and secur- ing the interests and affairs of the corporation. Provided the same be not repugnant to the constitution and laws of this State. Sect. 5. That a toll be and hereby is granted and established for the sole benefit of said corporation, upon all passengers and property of every description, which may be conveyed or trans- ported upon said road, at such rates per mile as may be agreed upon and established from time to time, by the directors of said corporation. The transportation of persons and property, the con- struction of wheels, the forms of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations, and pro- visions as the directors shall from time to time prescribe and direct, and said road may be used by any person or persons, who shall comply with such rules and regulations. Provided, that if, at the expiration of five years from and after the completion or opening said road for use, the net income or receipts from tolls and other profits, shall have amounted to more than ten per cent, per annum upon the whole cost of the road, from the time of the disburse- ments, the legislature of this State may take measures to alter and reduce the rate of tolls and other profits, in such manner as to re- duce the overplus for the next five years, calculating the amount of transportation upon the road to be the same as the five preced- ing years ; and at the expiration of every five years thereafter the same proceedings may be had, and the rate of tolls may be raised, in case the net receipts shall have been less than ten per cent, during the preceding five years. Sect. 6. That the directors of said corporation for the time being 344 BOSTON AND MAINE RAILROAD. are hereby authorized, to erect toll houses, and houses for the deposit of merchandise, establish gates, appoint toll gatherers, and demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed ; and they shall from year to year, on or before the 2d Wednesday of June, make report to the legislature under oath, of their acts and doings, receipts and expenditures, under the provisions of this Act. And their books shall at all times be open to the inspection of any committee of the legislature appointed for that purpose. And if said corporation shall unreasonably neglect or refuse to make such report, at the expiration of every year after the opening of said railroad, for every such neglect or refusal they shall forfeit and pay to the use of this State a sum not exceeding five thousand dollars, to be recovered by action or indictment in any court of competent jurisdiction. Sect. 7. That the said corporation shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, by taking their land and other property for said rail- road, when the same cannot be obtained by volimtary agreement, to be estimated by a committee to be appointed for that purpose by the court of common pleas for the county wherein such damages shall accrue, and said court may issue execution founded on the report of such committee against said corporation for such sum in damages as said committee shall report and cost. Sect. S. That when the lands, or other property or estate of any married woman, infant, or person non compos mentis^ shall he necessary for the construction of said railroad, the husband of such married woman and the guardian of such infant, or person non compos mentis, may release all damages in relation to the land or other property, or estate to be taken and appropriated as afore- said, as they might do if the same were holden by them in their own right respectively. Sect. 9. That if any person or persons shall unlawfully, wil- fully, and maliciously obstruct the passage of any carriage on said railroad, or in any way injure, spoil, or destroy said railroad, or any part thereof, or shall aid or assist therein, such person or per- sons so obstructing the passage of such carriage, or so injuring, spoiling, or destroying said railroad, or any part thereof, or so aid- ing or assisting therein, shall for every such offence, on conviction thereof before any court of competent jurisdiction, forfeit and pay a fine not less than thirty dollars nor more than five hundred NEW HAMPSHIRE. 345 dollars, for the use of the county wherein such offence may be committed, and may be imprisoned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Sect. 10. That the annual meeting of the members of said cor- poration shall be holden on the first Wednesday of September, at such place as the directors for the time being shall appoint ; at which said meeting five directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares, pro- vided that they do not amount to more than one twelfth part of the whole number : and the three persons first named in this Act, or any two of them, are hereby authorized to call the first meeting of said corporation, by giving notice in one newspaper published in Boston, and one published in Dover, N. H., of the time, place, and purpose of such meeting, at least ten days before the time mentioned in such notice. And the directors are hereby authorized to call special m.eetings of the proprietors, giving such notice thereof as the proprietors by their by-laws may direct. Sect. 11. That if the said railroad in the course thereof shall intersect or cross any private way, the said corporation shall so construct said railroad as not to obstruct the safe and convenient use of such private way ; and if said railroad shall not be so con- structed, the party aggrieved shall be entitled to his action on the case in any court proper to try the same, and shall recover his reasonable damages for such injury ; and if the said railroad shall in the course thereof intersect or cross any canal, turnpike, or other highway, which has or may hereafter be laid out in pursu- ance to the laws of this State, the said railroad shall be so con- structed as not to impede or obstruct the safe and convenient use of such canal, turnpike, or other highway. And the said corpora- tion shall have the power to raise or lower such turnpike, high- way, or private way, so that the said railroad, if necessary, may conveniently pass under or over the same ; and if said corporation shall raise or lower any such turnpike, highway, or private way, pursuant thereto, and shall not so raise or lower the same as to be satisfactory to the proprietors of such turnpike, or to the selectmen of the town or towns in which said highway, or private way may be situated, as the case may be, said proprietors or selectmen may require in writing of said corporation such alteration or amend- ment as they may think necessary. And if the required amend- ment or alteration be reasonable and proper, in the written opinion 346 BOSTON AND MAINE RAILROAD. of the court of common pleas of the county in which such amend- ment or alteration shall be required, and if the said corporation shall unnecessarily and unreasonably neglect to make the same, such proprietors or selectmen, as the case may be, may proceed to make such alterations or amendments, and may institute and prosecute to j5nal judgment and execution in any court proper to try the same, any action of the case against said corporation ; and shall therein recover a reasonable indenmity in damages for all charges, disbursements, labor, and services occasioned by making such alterations or amendments, with costs of suit. Sect. 12. That no other railroad than the one hereby granted, shall within thirty years from and after the passing of this x4.ct be authorized to be made in this State, commencing within five miles of the commencement or termination of said Boston and Maine Railroad, and running parallel with the same, or within five miles of the same between said termini. P?'ovided, the State may au- thorize any company to enter with another railroad at any point of said Boston and Maine Railroad, paying for the right to use the same, or any part thereof such a rate of toll as the legislature may from time to time prescribe ; and complying with such rules and regulations as may be established by said Boston and Maine Rail- road corporation, by virtue of the fifth section of this Act. Pro- vided, further, that said Boston and Maine Railroad may enter with their railroad, any other railroad that now is or may hereafter be made in the States of Massachusetts or Maine, or either or both of them, having first obtained a grant therefor from said States, or either of them, and complying with all the by-laws and regula- tions prescribed by such railroad corporations. Provided, also, that it shall be in the power of this State, at any time during the continuance of the charter hereby granted, after the expiration of twenty years from the opening for use of the railroad herein pro- vided to be made, to purchase of the said corporation the said rail- road, and all the franchise, property, rights, and privileges of the said corporation, on paying therefor the amount expended in mak- ing the said railroad, and the expenses of repairs, and all other expenses relating thereto with interest thereon at the rate of ten per cent, per annum, deducting all sums received by the corpo- ration from tolls or any other source of profit and interest at the rate of ten per cent, per annum thereon, that shall have been re- ceived by the stockholders; and after such purchase, the limitation provided in this section shall end and be of no efi"ect. • NEW HAMPSHIRE. 347 Sect. 13. That if one fourth of the stock shall not have been subscribed for, the company organized, and location of the route filed in the office of the Secretary of this State previous to the first Wednesday of June, in the year of our Lord eighteen hundred and thirty-seven, and previous to the first day of September, in the year of our Lord eighteen hundred and forty, shall not have laid out and expended the sum of ten thousand dollars towards the completion of the same, in this case this Act shall be void, and of no effect, otherwise to remain in full force fifty years after the passage of this Act, or until the State shall purchase the same as aforesaid. Sect. 14. That said railroad company shall constantly maintain in good repair all bridges, with their abutments, and embankments, which they may construct for the purpose of passing their railroad over any canal, turnpike, or other highway, or any private way, or for passing such private way, turnpike, or other highway, over said railroad, and in default thereof shall be liable in an action on the case to respond in damages to the party aggrieved. Sect. 15. That nothing in this Act shall be so construed as to affect the rights of any railroad corporation heretofore granted, and that the legislature may at any time hereafter alter, amend, or modify this Act or any of its provisions. Ajyproved, June 27, 1835. Laws of 1838, Chap. 22. An Act in addition to "An Act entitled an Act to incorporate the Boston and Maine Raikoad." Be it enacted^ ^'c. That the Boston and Maine Railroad, be and they hereby are authorized and empowered to make such altera- tions as they shall deem expedient in the location of their railroad, granted by the Act to which this is in addition, to be in force, and take effect when a location of the same shall be filed in the office of the Secretary of this State : 2^fovided, the same shall be filed before the first day of September, anno Domini, 1S39 : j^rovided, nevertheless, that the said railroad shall be located in a northerly and easterly direction, from the termination of the Andover and Haverhill Railroad, to the line which divides the State of New Hampshire from the State of Maine. Appy^oved, June 28, 1838. 348 BOSTON AND MAINE RAILROAD. liA-n-s OP 1S41, CiiAP. 6. An Act to unite certain Railroad Coi-poiations ■\\ith the Boston and ilainc Kailroad. Sect. 1. Be It enacted, ^'c. That the stockholders of the Boston and Portland Railroad Corporation, constitnted by the legislature of the Commonwealth of Massachusetts, the stockholders of the Maine, New Hampshire, and Blassachusetts Railroad Corporation, constitnted by the Legislature of the State of Maine, and the stock- holders of the Dover and Winnipiseogee Railroad in this State, be and they hereby are respectively constituted stockholders of the Boston and Maine Railroad, and the stockholders of the Boston and Maine Railroad, are hereby constituted stockholders of the said before mentioned corporations respectively ; and the said four corporations are hereby made one corporation by the name of the Boston and Maine Railroad, and all the franchises, property, powers, and privileges, granted or acijuired under the authority of the said States respectively, shall be lield and enjoyed by all the said stockholders, in proportion to the number of shares or amount of property held by them respectively, in either or all of said cor- porations. Sect. 2. That one or more of the directors or other officers of the said Boston and Maine Railroad shall at all times be an inhabit- ant of this State, on whom processes against said company may be legally served ; and said company shall be held to answer in the jurisdiction where the service is made and the process is re- turnable. Sect. 3. That the said company shall keep separate accounts of their expenditures in Massachusetts, IMaine, and New Hampshire respectively; and tliree commissioners shall be appointed, one by the Governor of each State, to hold their offices for the term of four years, and to be reasonably compensated by said company, who shall decide what portion of the expenditures of said com- pany, and of its receipts and profits properly appertain to that part of the road lying in Massachusetts, Maine, and New Hampshire respectively ; and the annual report required to be made by the directors to the legislature of this State shall be approved by the said commissioners. Sect. 4, That the said Boston and Maine Railroad and the stockholders therein, so far as their road is situated in Massachusetts NEW HAMPSHIRE. 349 or Maine, shall be subject to all the duties and liabilities of the Boston and Portland Railroad Corporation, and the Maine, New Hampshire, and Massachusetts Railroad Corporation, and to the general laws of those States, to the same extent as the Boston and Portland, and Maine, New Hampshire, and Massachusetts Railroad Corporations, and the stockholders therein would have been, if this Act had not been passed. Sect. .5. That this Act shall not take effect, until the same shall have been accepted by the stockholders of the Boston and Maine Railroad, and one or more of the other corporations above named at meetings legally called for this purpose — nor in relation to the Massachusetts and Maine Corporations or either of them, until this and a similar Act passed by their respective legislatures, shall also have been accepted by the said stockholders, and the stock- holders of one or both the said corporations, at a meeting legally called for the purpose. Approved^ July 2, 1841. Laws of 184-5, Chap. 290. An Act to \mite the Boston and Maine Railroad Extension Company with the Boston and Maine Railroad. Whereas the Boston and Maine Railroad in this State, in the State of Maine, and in the State of Massachusetts, have been united in one corporation, agreeably to Acts of the legislatures of the respective States, and whereas, the same line of railroad is now- extended in the State of Massachusetts by a distinct corporation, connecting with the Boston and Maine Railroad, in the town of Wilmington, and terminating in the city of Boston, and it is expe- dient that the whole road be placed under one organization, and under control of one board of directors : therefore — Sect. 1. Be it enacted, 4'^- That the Boston and Maine Rail- road Extension Company, a corporation organized under the laws of the commonwealth of Massachusetts, he and hereby is united to the Boston and Maine Railroad Company, and that the said two corporations are hereby made one corporation by the name of the Boston and Maine Railroad, and all the franchises, property, powers, and privileges, granted to, or acquired by the said Boston and Maine Railroad Extension Company, shall be held and en- joyed by the said Boston and Maine Railroad, in the same manner, and as fully to all intents and purposes, as if the same had been 30 350 NASHUA AND LOWELL RAILROAD CORPORATION. originally granted to, or acquired by the said Boston and Maine Railroad ; and all the duties and liabilities of said Extension Com- pany shall appertain to, and be performed by the said Boston and Maine Railroad. Sect, 2. This Act shall take effect, when the same shall have been accepted and adopted by the said corporations respectively, at regular meetings, called for the purpose, and the said union shall have been authorized by the legislature of the commonwealth of Massachusetts. Approved, July 2, 1845. NASHUA AND LOWELL EAILROAD CORPORATION. INCORPORATED IN NEW HAMPSHIRE IN 1835. Cha2)ter ^1 of tJie Private Acts q/" 1835 contains the Charter. Sect. 1 grants corporate powers. Sect. 2 describes the route, authorizes the Company to build a road six rods wide, and take land and materials for its construction, being liable for land damages. Sect. 3 authorizes the Company to hold real and personal estate to the amount of $300,000. Sect. 4 establishes the manner of organizing the Company, of dividing the capital stock into shares, of making assessments not to exceed $25 on each share, of ap- pointing officers, and of voting at meetings ; no shareholder being allowed to represent, by vote at any meeting, more than one tenth of the whole stock. Sect. 5 makes the shares held and liable for assessments due thereon, authorizing a sale of shares of any subscriber who shall fail to pay them, and an increase of shares, if more than $25 on each shall be necessary. Sect. G provides that the husband of a married woman and the guardian of any infant, spendthrift, or persons non comjms mentis, may release their claiins for land damages. Sect. 7 makes the Company liable to pay land damages, to be estimated by a Com- mittee appointed for that purpose by the Court of Common Pleas for the County. Sect. 8 provides that the Company may cross any private way, or cross, lower, raise, or run along any turnpike, highway, or other way, if they do not obstruct the same ; and that any party aggrieved may maintain an action on the case to recover his damages, provided any proposed alteration be first submitted to the Corporation, and a reasonable time be allowed them for making the same. Sect. 9 requires that the Company keep in good repair all bridges, and make all necessary alterations, when a highway is laid out, and keep the same in repair; being liable, in default thereof, for damages, and to prosecution. Sect. 10 prohibits any other railroad from being granted, within thirty years, nin- nmg parallel with, or a substitute for this, or any part thereof within five miles ; but provides that any other railroad may meet tliis, and that, if the location bo not filed before July 1, 1836, or the road commenced and $4000 expended within NEW HAMPSHIRE. 351 three years herefrom, or the road completed for use within five years herefrom, this Act shall be void. Sect. 11 subjects any person Injuring or obstructing the road, to fine and imprison- ment. Sect. 12 authorizes this Company to extend its railroad into and through the State of Massachusetts, to meet the Boston and Lowell Railroad when chartered, and to increase their stock and create new shares as said State may authorize them to do. Sect. 13 provides that any other Company may enter upon this road, by pajing such rates of toll as the Legislature may prescribe, and complying with the regu- lations of this Company ; and that the Directors shall make an annual report at a certain time, and keep books open to the inspection of a Committee of the Legis- lature, being liable, in default of making such report, to pay a penalty. Sect. 1-i provides that, if the net income of the road for five years after its comple- tion shall have exceeded 10 per cent, per annum upon its cost, the Legislature may reduce the rates of toll for the next five years so as to take off the over^^lus, and so at the end of each five years ; and that, after twenty years, the Legislature may purchase the franchise and property of the Corporation, by paying such sum as with the net income shall equal 10 per cent, per annum on its cost. Sect. 15 provides that nothing in this Act shall prohibit the Legislature from incor- porating another Company, commencing at the southerly line of the State, and running northwardlj' to Concord, if it be built on the east side of the Merrimac River, as far north as Amoskeag Village in Goffstown. Sect. 16 enacts that nothing in this Act shall effect the rights of any existing Rail- road Corporation, and that the Legislature may alter or amend this Act. An Act uniting the Nashua and Lowell Railroad Corporations in Massachusetts and New Hampshire. Chapter 21 of t?ie Private Acts of 1838 contains the Act. Sect. 1 provides that the Corporations may unite and hold jointly all tolls, rights, and property of each. Sect. 2 enacts that all the stockholders shall be notified, and that meetings shall be warned and held by the associated stockholders, one officer, at least, being in each State. Sect. 3 makes the shares liable to attachment in each State, and defines the manner of serving process. Sect. 4 requires that separate accounts of expenditures be kept in each State, and that Commissioners be appointed, one in each State, to apportion the expenses and approve the annual report. Sect, o provides that this Act shall be in force, when this and a similar Act passed in Massachusetts shall be accepted by said Corporations, at a meeting called for that purpose. Sect. 6 enacts that said Corporation, in this State, shall be subject to the general laws of the State. Sect. 7 provides that these Corporations, when united, shall constitute one company, under the above name, and that all their several Acts shall be valid. Sect. 8 authorizes an alteration of the route, provided it be filed in the office of the Secretary of State at a certain time, and repeals that part of the Act incorporat- ing the Nashua and Lowell RaUroad, which requires the location to be filed before July 1, 1836. Sect. 9 reserves to the Legislature the right, at any time to alter or amend this Act. 352 NASHUA AND LOWELL RAILROAD CORPORATION. Laws of 1835, Chap. 37. An Act to incorporate the Nashua and Lowell Railroad Corporation. Sect. 1. Be it enacted, 6)'c. That Jesse Bowers, Ira Gay, Daniel Abbot, Benjamin F. French, John M. Hunt, Peter Clark, and Charles J. Fox, their associates, successors, and assigns, be and hereby are constituted and made a corporation by the name of the Nashua and Lowell Railroad Corporation ; and by that name may sue and be sued, prosecute and defend to final judgment and exe- cution, and may have and use a common seal, and the same may alter and renew at pleasure; and may also make, ordain, and put in execution all such by-laws and regulations (not being contrary to the constitution and laws of this State) as shall be necessary, proper, and convenient for the government of said corporation, the due management of its concerns, and the preservation and proper use of said railroad ; and shall be and hereby are vested with all the powers and privileges, and subject to all the liabilities, which by law are incident to corporations of a similar nature. Sect. 2. That said corporation be and hereby is empowered to locate, construct, and keep in repair a railroad from any point in the southern line of the State, to some convenient place in or near Nashua village in Dunstable, in such manner as they shall deem most expedient, and to take toll for all passengers and property of all descriptions conveyed upon the same or any part thereof; and for this purpose may lay out said railroad not exceeding six rods wide, and may take as much more land as may be necessary for stone and gravel, for embankments, cuttings, walls, bridges, and abutments for the proper construction of said railroad. Provided, that all damages occasioned by taking the same shall be determin- ed in the manner hereinafter provided ; and that the transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations, and provisions as the directors shall from time to time prescribe and direct. Sect. 3. That said corporation be and is hereby authorized, for the purposes aforesaid, to purchase, take, hold, improve, and con- vey real and personal estate of every kind, and to erect thereon such depots, storehouses, toll houses, and other buildings as they NEW HAMPSHIRE. 353 may think expedient, to such amount as they may find sufficient for the completion of said railroad and the management of its con- cerns. Provided, said amount shall not exceed three hundred thousand dollars. Sect. 4. That the said Jesse Bowers, Daniel Abbot, and Ira Gay, or any two of them, may call the first meeting of said cor- poration, by giving to each of the members seven days' previous notice, at which meeting a clerk shall be chosen, who shall be sworn to the faithful discharge of the duties of his office, and it shall be his duty to record the doings and proceedings of said cor- poration, and to perform such other services as the by-laws of said corporation may require. And at the same or any subsequent meeting duly holden, the members of said corporation may pre- scribe the time and manner of calling, holding, and managing future meetings ; may divide the capital stock, or such portion thereof as they may deem sufficient for the time being, into shares, and prescribe the mode in which the same shall be holden and transferred ; may make or provide for the making of assessments on said shares, from time to time as occasion may require, pro- vided that assessments shall not exceed in the whole the sura of twenty-five dollars on each share, and fix the time and mode of payment ; may appoint and constitute such officers, servants, or agents of the said corporation as they shall think expedient, and prescribe their respective duties and powers ; and may do or trans- act any other matter or thing relating to the property, business, or concerns of said corporation. And each member shall be entitled to one vote for each share he owns or holds in said corporation, and absent members may be represented and vote by proxy, authorized thereto by writing filed with the clerk of said corpora- tion ; and all questions shall be decided by a majority of votes cast. Provided, that no vote shall be given by any proprietor for any share owned or held by him, exceeding one tenth of the whole number of shares. Sect. 5. That the shares aforesaid shall be liable and holden for the payment of all assessments legally made thereon ; and in case of the neglect or refusal of any member to pay the assess- ment or assessments on his share or shares, the same or so many of them as may be sufficient to pay the amount of such assess- ments, with interest and expenses of sale, may be sold and trans- ferred for the payment of the same, in such manner as may be prescribed by the by-laws of said corporation. Provided, that if 30* 354 NASHUA AND LOWELL RAILROAD CORPORATION. it be necessary to raise a sum exceeding twenty-five dollars on each share, the same shall be done by creating new shares. Sect. 6. That when the lands or other property of any feme covert, infant, spendthrift, or person non co^npos mentis, shall be necessary for the construction of said railroad, the husband of such feme covert, or the guardian of such infant, spendthrift, or person noti compos mentis, may release all damages for any land or property taken and appropriated as aforesaid, as fully as they might do if the same were holden in their own rights respectively. Sect. 7. That said corporation shall be holden to pay all dam- ages, arising to any person or corporation by taking their land, for said railroad, when it cannot be obtained by voluntary agreement, on petition to the court of common pleas, in the mode provided by law for the recovery of damages, occasioned by the laying out of highways by order of said court. Sect. 8. That said corporation be and hereby is authorized to cross any canal, or to cross, raise, lower, or run along any turn- pike, highway, or other way ; provided that said railroad shall be so constructed as not to obstruct the safe and convenient use of the same; and if said railroad shall not be so constructed, the proprie- tors of such canal or turnpike, the owner of such private way, or the selectmen of the town in which such highway may be situated, as the case may be, shall be entitled to an action on the case against said corporation, and may recover reasonable damages. Provided, hoiuever, that the proprietors, owners, or selectmen, aforesaid, as the case may be, shall, before action brought, file with the clerk of said corporation a particular description in writing signed by them, of all such alterations as they may deem neces- sary, and shall specify therein, and allow a reasonable time to said corporation for making said alterations ; — and provided further, that no action shall be sustained as aforesaid, unless brought within one year after the time allowed for making such alterations shall have expired. Sect. 9. That said corporation shall substantially construct and keep in good repair all bridges, abutments, foundations, walls, and embankments, which may be necessary for safely and conveniently crossing any canal, or crossing, passing over, under, or along any turnpike, highway, or other way ; and when any public highway shall hereafter be laid out by the selectmen of any town, or by order of the court of common pleas, across said railroad, said cor- poration, being thereto required in writing by the selectmen of the NEW HAMPSHIRE. 255 town where such highway may cross said raih'oad, shall make such aherations in said raih'oad as may be necessary to the proper construction of said highway, and the convenient and safe use thereof, and the same constantly maintain and keep in repair ; and in default thereof shall be liable in damages to the party injured, and also to prosecution by indictment and fine, to the use of the county wherein such default may take place, at the discretion of the court before whom the same may be tried. Sect. 10. That no other railroad sliall be granted, within thirty years from the completion of the railroad granted in this Act, run- ning parallel with, or which is a substitute for the same, or any part thereof, within five miles of the same. Provided, hoivever, that any railroad may be granted running to meet the railroad granted in this Act at its termination, any thing herein contained to the contrary notwithstanding ; and provided f wither, that if the location of said railroad be not filed with the secretary of state on or before the first day of July, in the year of our Lord, one thou- sand eight hundred and thirty-six, or if said railroad shall not be commenced, and the sum of four thousand dollars have been laid out and expended on the same, within three years from and after the passage of this Act, or if the same shall not be completed so that passengers and property may and shall be conveyed on the same within five years from this time, then this Act shall be null and void. Sect. 11. That if any person shall wilfully, maliciously, or wantonly, and contrary to law, obstruct the passage of any engine or carriage upon said railroad, or in any way injure or destroy said railroad or any part thereof, he, she, or they, or any person aiding or abetting in such trespass, shall forfeit and pay to said corporation for every such offence, treble such damages as shall be proved, to be sued for and recovered before any court pro- per to try the same. And such offender shall be liable to indict- ment, by the grand inquest for the county in which such trespass shall have been committed, for any ofi'ence aforesaid ; and on con- viction thereof shall pay a fine not exceeding five hundred dollars, nor less than thirty dollars, for the use of said county, or may be imprisoned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Sect. 12. That said corporation be and hereby is authorized to extend said railroad, from its termination at the southern line of this State into and through the commonwealth of Massachusetts, to meet the Boston and Lowell Railroad, whenever said common- 356 NASHUA AND LOWELL P.AILROAD CORPORATION. wealth will empower said corporation so to do, with such powers, liabilities, and restrictions as may be deemed expedient ; and for this purpose said corporation may increase their capital stock and create new shares, as said commonwealth may authorize them to do. Sect. 13. That the legislature may authorize any company to enter with another railroad at the termination of said Nashua and Lowell Railroad, at Nashua village in said Dunstable, or between the factories of the Jackson Company in said Dunstable and Mer- rimac River, paying for the right of using the same or any part thereof such a rate of toll as the legislature may from time to time prescribe, and complying with such rules and regulations as may be established by said Nashua and Lowell Railroad Corporation ; and that it shall be the duty of the directors of said company, from year to year, on or before the second Wednesday of June, verified by the affidavit of at least two of them, to make a report to the legislature of their acts and doings, receipts and expenditures, under the provisions of this Act, and their books shall at all times be open to the inspection of any committee of the legislature ap- pointed for that purpose. And if said corporation shall unreason- ably neglect or refuse to make such report, at the expiration of every year after the opening of said railroad, for every such neglect or refusal, they shall forfeit and pay to the use of the State a sum not exceeding five thousand dollars, to be recovered by action or indictment in any court of competent jurisdiction. Sect. 14. That if, after the expiration of five years from and after the completion of said road, the net income or receipt from tolls and other profits, taking the five years aforesaid as the basis of calculation, shall have amounted to more than ten per cent, per annum upon the cost of the road, the repairs and all expenses incident thereto, the legislature may take measures to alter and reduce the rate of tolls and other profits in such manner as to take off the overplus for the next five years, calculating the amount of transportation upon the road to be the same as the five preceding years ; — and at the expiration of every five years thereafter the same proceedings may be had. Provided, that it shall be in the power of the State, at any time during the continuance of the charter hereby granted, after the expiration of twenty years from the opening for use of the railroad herein provided to be made, to purchase of the said corporation the said railroad and all the franchise, property, rights, and privileges of said corporation, by NEW HAMPSHIRE. 357 paying to said corporation a sum equal in amount to their capital expended, with such further sum, after deducting the net income by them received, as shall make their net income equal to ten per cent, on said capital annually. Sect. 15. That nothing in this Act contained shall prevent the legislature from granting any charter, for a company to construct a railroad commencing at the southerly line of the State, in either of the towns of Hudson, Pelham, or Salem, to run thence northwardly to Concord ; provided such railroad shall be laid out and constructed on the east side of Merrimac River, as far northwardly as Amos- keag village, in Goffstown. Sect. 16. That nothing in this Act shall be so construed, as to affect the rights of any railroad corporation heretofore granted, and that the legislature of this State may at any time hereafter alter, amend, or modify this Act or any of its provisions. Approved, June 23, 1835. LA^YS OF 1838, Chap. 21. An Act to unite tlie Nashua and Lowell Railroad Corporations of Massachusetts and New Hampshire, and for other purposes. Sect. 1. Be it enacted, (S^c. That the two corporations, under the name of the " Nashua and Lowell Railroad Corporation," one of which charters was granted by the legislature of this State, the twenty-third day of June, one thousand eight hundred and thirty- five, and the other by the legislature of the Commonwealth of Massachusetts, the sixteenth day of April, one thousand eight hundred and thirty-six, are hereby authorized, from and after the time when this Act shall take effect, to unite said corporations ; and all the tolls, franchises, rights, powers, privileges, and pro- perty, of the said two corporations, shall be held and enjoyed by the stockholders in each and both, in proportion to their number of shares therein. And from and after the time said corporations shall be united, all property owned, acquired, or enjoyed, by either of said corporations, shall be taken and accounted to be the joint property of the stockholders, for the time being, of said two cor- porations. Sect. 2. That from and after the time said corporations shall be united, all the stockholders shall be entitled to the same notice, and shall enjoy the same right of voting. And all meetings shall be warned and held by the associated stockholders, pursuant to 358 NASHUA AND LOWELL KAILROAD CORPORATION. the by-laws of said corporations, and such meetings shall be legal, to choose all officers of said corporation, and to transact any other business, which other railroad corporations might of right do : Provided always^ that there shall be at least one officer in each State, who is an inhabitant thereof, on whom process against said corporation may be served, and that the books and registry of one corporation shall be taken to be the books and registry of the other corporation. Sect. 3. That the share or shares of any stockholder in said company, shall be liable to attachment and execution, in the State where such stockholder, at the time of such attachment or execu- tion, shall reside, or inhabit : Provided always^ that a true and attested copy of such attachment or execution shall be left, at the time of service, by the officer serving the same, with the clerk, or any director of said corporation, or at his usual place of abode, in the State where such attachment or execution shall be served. Sect. 4. That the said corporation shall keep separate accounts of the expenses which have arisen, or shall arise, in construction of the portions of said railroad, situated in the States of Massachu- setts and New Hampshire respectively, and of all the expenses which would have properly belonged to the respective corporations, as if this Act had not been passed, until the same shall be com- pleted in both States. And there shall be two commissioners appointed, who shall hold their offices for the term of four years, whose duty it shall be to ascertain, what proportion of the expendi- tures on said railroad, and of the other expenses attending its con- struction and maintenance, also what proportion of the receipts and profits of said railroad, shall properly appertain and belong to the portions of said railroad situated in said two States. And the annual report, which shall be made to the legislature of this State, in pursuance of the laws of this State relating thereto, shall be approved by said commissioners. And the governor of each of said States shall appoint one commissioner, who shall execute the duties prescribed by this Act, and who shall receive from said corporation a reasonable compensation for their services. Sect. 5. That whereas the legislature of the commonwealth of Massachusetts have passed a subsisting Act, substantially similar, uniting said two corporations, this Act shall be in force when the same shall have been accepted by the stockholders of each and both said corporations, at a meeting to be called for that purpose ; at which meeting, said stockholders may vote to ratify and render NEW HAMPSHIRE. 359 valid, in the united corporations, all former proceedings, which would have been valid in said corporations respectively ; and the same shall be as binding on the united corporation, as if adopted separately by each. Sect. 6. That the said corporation, so far as their road is situat- ed in this State, when united by virtue of the provisions of this Act, shall be subject to the general laws of this State, to the same extent as said corporation would have been, if this Act had not been passed. Sect. 7. That after said corporations shall be united, according to the provisions of this Act, they shall be one corporation, by the name of the Nashua and Lowell Railroad Corporation. And all the Acts of said corporations, which are valid in said corporations severally, shall be valid in the united corporation. Sect. 8. That said corporation shall have power, and they are hereby authorized, to alter and amend the location of their road, so far as the same lies north of Nashua River, subject to all the liabilities contained in their original charter ; provided such loca- tion be made, and such amended alteration filed in the office of the secretary of state, on or before the first day of September next. And so much of the tenth section of an Act entitled, " An Act to incorporate the Nashua and Lowell Railroad Corporation," as requires the filing of the location of their road with the secretary of state, on or before the first day of July, A. D. 1836, shall be, and is hereby repealed, so far as relates to that portion of said road lying north of Nashua River, as before mentioned. Sect. 9. That the legislature of this State, may at any time hereafter, so alter, amend, or modify this Act, or any of its provis- ions, as the public good may require. Approved^ June 26, 1838. EASTERN RAILROAD IN NEW HAMPSHIRE. INCORPORATED IN NEW HAMPSHIRE IN 1836. Chapter 68 of the Private Acts of 1836 contahis the Charter. Sect. 1 grants corporate powers, describes the route, and authorizes the Company to build a road six rods wide, and take land and materials for its construction, being subject to land damages. Sect. 2 limits the capital stock to 3000 shares of $100 each, and vests the govern- ment of the Corporation in five Directors, a majority of whom shall form a quorum, and who shall choose officers. 360 EASTERN RAILROAD IN NEW HAMPSHIRE. Sect. 3 defines the powers and duties of tlie President and Directors, authoriziu"- them to sell the shares of any subscriber, who shall fail to pay assessments due after thirty days' notice, and making him liable for any deficiency remaining after such sale, limiting the assessments to $100 on each share, and providing that new shares may be created, if necessary, to be distributed among the original stock- holders. Sect. 4 authorizes the Company to make by-laws not repugnant to the laws of the State. Sect. 5 grants to the Corporation a toll for the transportation of passengers and property ; provided, however, if at the end of five years, the net income of the road shall have exceeded 10 per cent, per annum on its cost, the Legislature may so reduce the rates of toll as to equal that sum for the next five years, and thus at the end of each five years ; and if it has been less than that sum, it may be raised. Sect. 6 provides that the directors may erect toll houses, and collect toll, shall make an annual report to the Legislature, and keep books of account open to the in- spection of this committee ; being liable, in case of neglect or refusal to make such report, to a fine recoverable by action or indictment. Sect. 7 makes the Company liable to pay land damages, to be estimated by Commis- sioners appointed, as is provided by the Act passed June 16, 1836, and found in chapter 237 of the Laws of 1836. Sect. 8 provides that the husband of any married woman, or the guardian of any infant or person iwn compos mentis, may release their claims for damages. Sect. 9 subjects any person injuring or obstructing the road, to fine and imprison- ment. Sect. 10 appoints the time of holding the annual meeting, when five Directors shall be chosen, each share entitling the holder to one vote, to the number of twenty, and above that number each five shares being represented by one vote ; dii-ects the mode of organizing the Company, and provides that special meetings may be called, if necessary. Sect. 11 prescribes the manner of crossing any private way, highwaj^ or canal, of raising or lowering any j^rivate way, or highway, and provides that any party aggrieved, shall be entitled to damages. Sect. 12 provides that the State may purchase the franchise and property of the corporation, by paying the cost of the road, and such further sum, as with the net income shall equal 10 per cent, per annum on the cost. Sect. 13 requires that one fourth part of the stock must be subscribed for, the Com- pany organized, and the location filed before the first Wednesday in June, 1837 ; the Corporation must have expended $10,000 before September 1, 1840 ; and the road must be completed before June 1, 1846, or this Act will be void. Sect. 14 directs that the Company shall keep in good repair all bridges. Sect. 15 denies to the Corporation the power to erect any bridge over, or otherwise obstruct the navigation of the Piscataqua River. Sect. 16 enacts that nothing m this Act shall affect the rights of any Railroad Cor- poration heretofore granted, and that the Legislature may alter, modify, or repeal this Act, or any part thereof. Chapter 23 of the Private Acts of 1839 contains an Act in addition to the foregoing. Sect. 1 authorizes this Company to locate the Railroad from Salisbury in Massachu- setts to Portsmouth in this State, provided the location be filed before July 4, 1840. NEW HAMPSHIRE. 361 Sect. 2 empowers the Corporation to lease the entire right to use said raih'oad in New Hampshire, or a part thereof. Sect. 3 prohibits this Act from being so construed, as to interfere with the vested rights of the Boston and Maine Railroad, or to affect the rights reserved to the State in the original Act, and provides that the Legislature may alter or repeal this Act. Chapter 2 of the Private Acts of 1840 contains an Act in addition. Sect. 1 repeals so much of Section 1 of the Act of 1839, as requires the terminus of the road to be located in Portsmouth. Sect. 2 authorizes an alteration in the route through Portsmouth, provided it be accepted by the inhabitants in town meeting, and a depot be constructed in Ports- mouth, located as herein described. Sect. 3 extends the time of filing the location to March 1, 1841. Sect. 4 requires that this Act be accepted by this Company, and the inhabitants of Portsmouth ; otherwise the road must be completed to its present terminus, before it will be lawful to use it. Sect. 5 provides that the Legislature may alter or repeal this Act. Chapter 7 of the Private Acts q/" 1841 contains an Act in addition to the foregoing. Sect. 1 authorizes this Company to connect their railroad with the Portland, Saco, and Portsmouth Railroad, at the dividing line between New Hampshire and Maine, and for that purpose to extend theu- road, and make contracts with the Portsmouth Bridge. Sect. 2 enacts that nothing in tliis Act shall authorize the further obstruction of the Piscataqua River, and that, in case of such obstruction, said Railroad or Bridge Corporation may be required by the Superior Court to remove the same; in refusal thereof, all rights under this Act shall cease. Sect. 3 requu'es certain alterations to be made in said bridge, provided they do not increase the obstructions in the Piscataqua River. Sect. 4 enacts that the corporation shall not take land for its purposes, without the consent of the owner. Sect. 5 provides that the Company shall erect, and hoist when requested, a certain bridge ; but that this provision shall not affect any proceedings now pending, wherein the Portsmouth Bridge is a party ; it repeals all Acts inconsistent with this, and provides that this Act may be altered or reiJcaled by the Legislature. Sect. 6 requires that no contract between the proprietors of the Portsmouth Bridge and the Eastern Railroad shall obstruct the travel across said bridge. Laws of 1836, Chap. 56. An Act to Incorporate the Eastern Railroad in New Hampshii-e. Sect. 1. Be it enacted, ^-c. That Abner Greenleaf, Daniel P. Drown, Samuel Lord, William M. Shackford, John Rice, Ichabod 31 362 EASTERN RAILROAD IN NEW HAMPSHIRE. Goodwin and Ichabod Bartlett, their associates, successors, and assigns, be, and they hereby are made, a body politic and corpo- rate, under the name of the Eastern Railroad in New Hampshire, and by that name shall be, and hereby are made, capable in law, to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended, in any court of record, or in any other place whatever, to make, have, and use a common seal, and the same to break, alter or renew, at pleasure; and shall be, and hereby are, vested with all the powers, privileges, and immunities, which are or may be necessary to carry into effect the purposes and objects of this Act, as hereinafter set forth, and subject to all liabilities incident to corporations of a similar nature. And the said corporation is hereby authorized and empowered to locate, construct, and finally complete a railroad, beginning at the line, which divides the State of Massachusetts from the State of New Hampshire, at the town of Seabrook, thence running in a northerly direction, to the line which divides the State of Maine from the State of New Hampshire, at the town of Portsmouth, in such manner and form as they shall deem most expedient. And for this purpose, the said corporation are authorized to lay out their road, not exceeding six rods wide, through the whole length thereof; and for the purpose of cuttings, embankments, and obtain- ing gravel, may take as much more land, as may be necessary for the proper construction and security of said road : Pi'ovided, however^ that all damages that may be occasioned to any person or persons, corporation or corporations, by the taking of such lands or materials for the purpose aforesaid, shall be paid for by said corporation, in the manner hereinafter provided. Sect. 2. That the capital stock of said corporation shall consist of three thousand shares, of one hundred dollars each. The im- mediate government and direction of the affairs of the corporation shall be vested in five directors, who shall be chosen by the mem- bers of the corporation in the manner hereinafter provided, who shall hold their offices for one year, and until others shall be duly elected and qualified to take their place as directors. And the said directors, a majority of whom shall form a quorum for the trans- action of business, shall elect one of their own members to be pre- sident of the board, who shall also be president of the corpora- tion — shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duties, and who shall be clerk of the corporation, unless the corporation shall elect some other per- NEW HAMPSHIRE. 363 son to that office, and also a treasurer, who shall give bonds to the corporation with sureties to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful dis- charge of his trust. Sect. 3. That the president and directors for the time being are authorized and empowered, by themselves or their agents, to exer- cise all the powers herein granted to the corporation; subject always, however, to such general control, as the proprietors at any legal meeting of the corporation, may from time to time think proper to exercise, for the purpose of locating, constructing, and completing said railroad ; and all such other power and authority, for the management of the affairs of the corporation, not hereto- fore granted, as may be necessary and proper to carry into effect the object of this grant ; to purchase and hold land, materials, engines, cars, and other necessary things in the name of the corpo- ration, for the use of said road; to make such equal assessments, from time to time, on all the shares in said corporation, as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation ; and the treasurer shall give notice of all such assess- ments ; and in case any subscriber shall neglect to pay his assess- ment, for the space of thirty days after due notice by the treasurer of said corporation, the directors may order the treasurer to sell the share or shares of such delinquent subscriber at public auction, after giving due notice thereof to the highest bidder, and the same shall be transferred to the purchaser ; and such delinquent sub- scriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with the interest and costs of sale, and he shall be entitled to the overplus, if his share or shares shall sell for more than the assessments due, with the interest and costs of sale ; Provided, how- ever, that no assessments shall be laid on any share in said corpo- ration, of a greater amount than one hundred dollars in the whole, on each share. And if a greater amount of money shall be neces- sary to complete the said railroad, it shall be raised by creating new shares, giving the stockholders in said corporation the right to take said stock, in proportion to the stock by them respectively owned in said corporation. Sect. 4. That the said corporation shall have power to make, ordain, and establish all such by-laws, rules, regulations, and ordinances, as they shall deem expedient and necessary to accom- 64 EASTERN RAILROAD IN NEW HAMPSHIRE. plish the designs and purposes, and to carry into effect the provis- ions, of this Act, and for the well ordering, regulating, and securing, the interests and affairs of the corporation. Provided the same be not repugnant to the constitution and laws of this State. Sect. 5. That a toll be and hereby is granted and established for the sole benefit of said corporation, on all passengers and pro- perty of every description, which may be conveyed or transported upon said road, at such rates per mile as may be agreed upon, and established from time to time by the directors of said corporation. The transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations, and provisions, as the directors shall from time to time prescribe and direct, and said road may be used by any person or persons, who may comply with such rules and regulations. Provided, however, that if, at the expi- ration of five years, from and after the completion or opening said road for use, the net income or receipts, from tolls and other profits, shall have amounted to more than ten per cent, per annum, upon the whole cost of said road from the time of the disbursements, the legislature of this State may take measures to alter and reduce the rate of tolls and other profits, in such manner as to reduce the overplus for the next five years, calculating the amount of trans- portation upon the road to be the same as the five preceding years ; and at the expiration of every five years thereafter, the same pro- ceedings may be had, and the rate of tolls may be raised, in case the net receipts shall have been less than ten per cent, during the preceding five years. Sect. 6. That the directors of said corporation for the time being, are hereby authorized to erect toll-houses and houses for the deposit of merchandise, establish gates, appoint toll-gatherers, and demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed ; and they shall, from year to year, on or before the second Wednesday of June make report to the legislature, under oath, of their acts and doings, receipts and expenditures, under the provisions of this Act. And their books shall at all times be open to the inspection of any committee of the legislature appointed for that purpose. And if said corporation shall unreasonably neglect or refuse to make such report, at the expiration of every year, after the open- ing of said railroad, for every such neglect or refusal, they shall NEW HAMPSHIRE. 365 forfeit, and pay to the use of the State of New Hampshire, a sum not exceeding five thousand dollars, to be recovered by action or indictment, in any court of competent jurisdiction. Sect. 7. That the said corporation shall be holden to pay all damages, that may arise to any person or persons, corporation or corporations, by taking their land and other property for said rail- road, where the same cannot be obtained by voluntary agreement, to be estimated by commissioners, as is provided in an Act enti- tled "An Act to provide a more cheap and expeditious mode of assessing damages, for land or materials taken by railroad corpo- rations." Sect. 8. That when the lands, or other property or estate, of any married woman, infant, or person non compos meniis, shall be necessary for the construction of said railroad, the husband of such married woman, and the guardian of such infant, or person non compos mentis, may release all damages in relation to the land or other property or estate, to be taken and appropriated as aforesaid ; as they might do, if the same were holden by them in their own right respectively. Sect. 9. That if any person or persons shall unlawfully, wil- fully, and maliciously, obstruct the passage of any carriage on said railroad, or in any way injure, spoil, or destroy said j-ailroad or any part thereof, or shall aid or assist therein, such person or per- sons so obstructing the passage of such carriage, or so injuring, spoiling, or destroying said railroad, or any part thereof, or so aid- ing or assisting therein, shall for every such offence, on conviction thereof before any court of competent jurisdiction, forfeit and pay a fine not less than thirty dollars, nor more than five hundred dol- lars, for the use of the county wherein such offence may be com- mitted ; and may be imprisoned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Sect. 10. That the annual meeting of the members of said cor- poration shall be holden on the first Wednesday of September, at such place as the directors for the time being shall appomt ; at which meeting five directors shall be chosen by ballot, each pro- prietor being entitled to as many votes as he holds shares, pro- vided that any member holding more than twenty shares, shall be entitled to no more than one vote for every five shares he may hold above twenty ; and the three persons first named in this Act, or any two of them, may call the first meeting of said corporation, 31* 366 EASTERN RAILROAD IN NEW HAMPSHIRE. by causing a notice for the same to be published in the New Hampshire Gazette and Portsmouth Journal, ten days prior to the day of meeting, and at said meeting all such oflicers may be chosen, as it would be lawful to choose at the annual meeting, and who shall hold their offices until the first annual meeting, and until others are chosen ; and the directors are hereby authorized to call special meetings of the proprietors, and shall call special meetings, whenever a written request shall be presented to one or more of them for that purpose, signed by at least fifteen of the pro- prietors, giving such notice thereof as the proprietors by their by-laws may direct. Sect. 11. That if the said railroad in the course thereof shall intersect or cross any private way, the said corporation shall so construct said railroad, as not to obstruct the safe and convenient use of such way ; and if said railroad shall not be so con- structed, the party aggrieved shall be entitled to his action on the case, in any court proper to try the same, and shall recover his reasonable damages for such injury ; and if the said railroad shall, in the course thereof, intersect or cross any navigable stream, or any canal, turnpike, or other highway, which has been or may hereafter be laid out in pursuance of the laws of this State, the said railroad shall be so constructed, as not to impede or obstruct the safe and convenient use of said navigable stream, or of such canal, turnpike, or other highway. And the said corporation shall have the power to raise or lower such turnpike, highway, or pri- vate way, so that said railroad, if necessary, may conveniently pass under or over the same ; and if said corporation shall raise or lower any such turnpike, highway, or private way, pursuant thereto, and shall not so raise or lower the same, as to be satis- factory to the proprietors of such turnpike, or to the selectmen of the town or towns in which such highway or private way may be situated, as the case may be, said proprietors or selectmen may require in writing, of said corporation, such amendments or alter- ations as they may think necessary. And if the required amend- ments or alterations be reasonable and proper, in the written opin- ion of the court of common pleas of the county, in which such amendments or alterations shall be required, and if the said corpo- ration shall unreasonably and unnecessarily neglect to make the same, such proprietors or selectmen, as the case may be, may pro- ceed to make such alterations or amendments ; and may institute and prosecute to final judgment and execution, in any court proper NEW HAMPSHIRE. 367 to try the same, an action of the case against said corporation, and siiall therein recover a reasonable indemnity in damages, for all charges, disbursements, labor, and services, occasioned by making such alterations or amendments, with costs of suit. Sect. 12, That it shall be in the power of this State, at any time during the continuance of the charter, hereby granted, after the expiration of twenty years, from the opening for use of the railroad herein provided to be made, to purchase of the said corpo- ration, the said railroad, and all the franchise, property, rights and privileges of the said corporation ; on paying therefor the amount expended in making the said railroad, and the expenses of repairs and all other expenses relating thereto, with interest thereon at the rate of ten per cent, per annum; deducting all sums received by the corporation from tolls, or any other source of profit, and inter- est at the rate of ten per cent, per annum thereon, that shall have been received by the stockholders. Sect. 13. That if one fourth of the stock shall not have been subscribed for, the company organized, and the location of the route filed in the oflice of the secretary of this State, previous to the first Wednesday of June, in the year of our Lord eighteen hundred and thirty seven, or if the corporation shall not have laid out and expended the sum of ten thousand dollars towards the completion of said road, previous to the first day of September, in the year of our Lord eighteen hundred and forty, or shall fail to complete the same before the first day of June, in the year of our Lord eighteen hundred and forty-six — in either of said cases this Act shall be null and void; — otherwise to remain in full force, until this State shall purchase said railroad as is herein before provided. Sect. 14. That said railroad company shall constantly main- tain in good repair, all bridges, with their abutments, and embank- ments, which they may construct, for the purpose of passing their railroad over any canal, turnpike, or other highway, or private way, or for passing such private way, turnpike, or other highway, over said railroad ; and in default thereof shall be liable in an action on the case to refund in damages to the party aggrieved. Sect. 15. That nothing in this Act shall be so construed or un- derstood, as to give to this corporation any right or power to erect any bridge on, or in any other way to obstruct the free navigation of, the Piscataqua River. Sect. 16. That nothing in this Act shall be so construed, as to 368 EASTERN RAILROAD IN NEW HAMPSHIRE. affect the rights of any railroad corporation heretofore granted, and that the legislature may, at any time hereafter, alter, amend, or modify or repeal this Act, or any of its provisions. Approved, June 18, 1836. Laws of 1839, Chap. 23. An Act in addition to an act entitled •' An act to incorporate the Eastern Railroad in New Hampshire." Sect. 1. Be it enacted, 6fc. That the Eastern Railroad in New Hampshire be, and they hereby are authorized and empowered to locate the railroad, from Salisbury in the commonwealth of Massa- chusetts to Portsmouth in this state, upon such site as the directors of said corporation shall deem more eligible, provided said location be definitively made, and a plan thereof drawn and filed in the office of the secretary of state for this state, on or before the fourth day of July, A. D, 1840, any thing in the Act to which this is in addition to the contrary notwithstanding. Provided also, that the termination of said railroad in said Portsmouth, as the same is now located, shall not be altered. Sect. 2. That said Eastern Railroad in New Hampshire be, and they hereby are authorized and empowered, to lease a part or the entire right to use said Eastern Railroad in New Hampshire, by locomotives, cars, carriages, and engines, to such persons or corporations, and upon such terms, as they may deem proper. Sect. 3. That nothing in this Act contained shall be so con- strued, as to authorize the said Eastern Railroad to locate said road, at any place within the chartered limits heretofore granted to the Boston and Maine Railroad, or take away or aff'ect any rights or privileges secured to or reserved by the State, in the Act to which this is in addition, and that the legislature may at all times alter, modify, or repeal this Act or any of its provisions. Approved, July 2, 1839. Laws of 1840, Chap. 2. An Act in addition to an Act entitled " an Act in addition to an Act to incorporate the Eastern Railroad in New Hampshire." Sect. 1. Be it enacted, i5*c. That so much of the first section of "An Act in addition to an Act, entitled an Act to incorporate the Eastern Railroad in New Hampshire," approved July 2, 1839, as NEW HAMPSHIRE. 369 provides " that the termmation of said railroad in Portsmouth, as the same is now located," shall not be altered, be and the same is hereby repealed. Sect. 2, That the Eastern Railroad in New Hampshire be, and they are hereby authorized and empowered to locate their railroad, from the point where said Eastern Railroad intersects the Green- land road, in Portsmouth, between the farm of Andrew Hussey and the homestead farm of the late Joseph Shiirburn, deceased, in a northeasterly direction, across the homestead farm of said Joseph Shurburn, to land of Andrew Shurburn, thence north about fifty- two degrees east across land of Peter Emery, Daniel R. Rogers, Ruth Miller, Robert Ham, Samuel Treat, Daniel H. Treadwell, and on Frenchman's Lane, thence crossing the Creek road near the Creek bridge, and across land of Alfred W. Haven and George W. Haven, the Akerman lot, land of Samuel Hale, and land owned in common by John Haven, Mark W. Pierce, and the heirs of the late Benjamin Penhallow, to the north mill-pond ; thence across a part of said north mill-pond near to William Storer's dis- tillery on Deer street ; thence to Piscataqua River, and striking said river, at some point south of the northerly side of Rindge's wharf, and north of the southerly side of land of Jonathan Walker, deceased, and the Old Ferry, so called, in said Portsmouth, any thing in the several Acts to which this is in addition to the contrary notwithstanding. Provided, however, That the Act named in the first section of this Act shall not be repealed, and the alteration above proposed shall not be made, but by consent of the inhab- itants of said Portsmouth, expressed in legal town meeting called for that purpose, in which call shall be set forth the object of the meeting. Ayid provided further, That in case said alteration shall be made, said railroad corporation shall build and construct a depot southwesterly of Vaughan Street, and northeasterly of Wil- liam Storer's distillery, and between Deer Street and the north burying ground, and at no other place in said Portsmouth, and shall complete said railroad to said depot, by the first day of March, A. D. 1841 ; nor shall said corporation be allowed to cross Vaughan or Market streets, by steam power. Sect. 3. That a further time, and until the first day of March, A. D. 1841, be, and hereby is granted to said railroad corporation, to file the plan and location of their railroad in the office of the Secretary of State, any thing in the several Acts, to which this is in addition, to the contrary notwithstanding. 370 EASTERN RAILROAD IN NEW HAMPSHIRE. Sect. 4. That this Act shall not be in force, unless the said rail- road corporation shall comply with all the provisions of this Act, nor unless the inhabitants of Portsmouth shall consent to the alter- ation as above provided ; and in case the inhabitants of Ports- mouth shall not consent to the alteration as above provided, then it shall be unlawful for said railroad corporation to run upon said railroad locomotives or cars, until said road is completed to the terminus as at present located. Sect. 5. That the legislature shall have the right at any time to alter, amend, or repeal this Act, or any of its provisions. Approved, June 19, 1840. Laws of 1841, Chap. 7. An Act in addition to th.e several Acts incorporating the Eastern Railroad in New Hampshire. Sect. 1. Be it enacted, 6)*c. That the Eastern railroad in New Hampshire be, and they hereby are authorized and empowered, to connect their railroad with the Portland, Saco and Portsmouth Railroad, at the dividing line between the States of New Hamp- shire and Maine, and for this purpose to locate and construct said railroad in New Hampshire, over and across Noble's Island, so called, in Portsmouth, and over and across Portsmouth Bridge or any part thereof; and to enter into and execute any contract, necessary to carry into effect such location and construction, that may be fit and proper therefor. And the Portsmouth Bridge are hereby authorized and empowered, to enter into and execute any contract with said Eastern Railroad, in New Hampshire, necessary or proper for the purposes aforesaid, and for the transportation of the cars, carriages, and engines, of said railroads. Sect. 2. That nothing herein contained shall be so construed, as to authorize either the said railroad or said Portsmouth Bridge, to do or to suffer any thing to be done, whereby the navigation of the Piscataqua River shall be more obstructed than it now is ; nor shall any thing herein contained give, or ever be construed to give to said Portsmouth Bridge, and said railroad, or either of them, any new or additional right, power, or privilege to obstruct, impede, or injure, the free and unobstructed navigation of the Piscataqua River, over and above what said Portsmouth Bridge now have by virtue of their Act of incorporation ; and it shall be lawful for the justices of the superior court of judicature, upon the complaint of NEW HAMPSHIRE. 371 any person, that any further or unlawful obstructions to the navi- gation of said Piscataqua River, are made or making by said rail- road corporation, or the proprietors of said bridge, or by any of their agents, servants, or laborers, upon due notice to the parties in interest, to hear and consider the matter of said complaint ; and if, after hearing the parties, said justices shall be of the opinion that any obstructions are made contrary to the true intent and meaning of this Act, it shall be the duty of said justices to cause said obstructions to be removed, by said Portsmouth Bridge and said railroad, or one of them, in such reasonable time as said justices shall direct ; and in case of refusal or neglect to comply with such order, all rights and privileges acquired under this Act shall cease. Sect. 3. That said railroad shall cause the three widest open- ings in said Portsmouth Bridge to be widened ten feet each at least, and said bridge may be otherwise altered; provided said alterations lessen or do not increase the lawfully existing obstruc- tions to the navigation of said Piscataqua River. Sect. 4. That nothing herein contained shall be so construed, as to authorize said railroad to take land for the purposes herein pro- vided, without the consent of the owner thereof. Sect. 5. That said Eastern Railroad shall maintain a draw, in the bridge from Rindge's wharf to Noble's Island, forty feet in width, which said draw said Eastern Railroad shall be held, at all times, and without unnecessary delay, to hoist when there may be occasion, and when thereto requested. Provided always^ That nothing in this Act shall be so construed, as to affect any process, or proceedings now pending in any court in this State, wherein the said Portsmouth Bridge Corporation may be a party. And all Acts and parts of Acts inconsistent herewith, are so far modified as to conform to the provisions of this Act. And the Legislature may alter or repeal the foregoing Act, whenever the public good may require. Sect. 6. That no contract which may be entered into, between the proprietors of the Portsmouth Bridge and the Eastern Railroad in New Hampshire, shall in any manner impede, obstruct, or endanger the ordinary travel across the said bridge. Approved, Jime 29, 1841. 372 CONCORD GRANITE AND RAILWAY COMPANY. CONCORD GRANITE AND RAILWAY COMPANY, INCORPORATED IN NEW HAMPSHIRE IN 1836. Chapter lOl of tJie Private Acts of 1836 contains the Charter. Sect. 1 grants corporate powers ; authorizes the Company to commence the business of quarrying granite, and for this purpose to construct a Railway ; describes the route, provides that it shall not obstruct any private way or highway, and empow- ers the Company to hold real and personal estate for its purposes to the amount of $2000. Sect. 2 limits the capital stock to 2000 shares, and appoints five Directors, who shall choose officers. Sect. 3 directs the mode of organizing the Company, and of holding meetings to determine the manner of dividing the stock into shares ; and provides that they may elect other officers and agents, order assessments, and appoint the time of payment, and make by-laws, not repugnant to the laws of the State ; all questions shall be determined by a majority of the stockholders present; any stockholder having more than ten shares, shall be entitled to but one vote for every five shares exceeding that number, and any absent member may vote by proxy, written authority therefor being filed with the clerk. Sect. 4 limits the assessments on each share to $100, and authorizes a sale of shares for non-payment thereof, under such regulations as may be prescribed in the by- laws. Sect. 5 provides that the Legislature may alter or repeal this Act. Laws of 1836, Chap. 101. An Act to Incorporate the Concord Granite and RaUway Company, Sect. 1. Be it enacted, i^c. That Robert Davis, Luther Roby, Horatio Hill, Moses G. Atwood, John J. Eaton, Weare Tappan, William Greene, and their associates, successors, and assigns, be and they hereby are made a body politic and corporate under the name of the " Concord Granite and Railway Company," and by that name shall be and hereby are made capable in law, to sue and be sued, to final judgment and execution, plead and be impleaded, defend and be defended, in any court of record or in any other place whatever, to make, have, and use a common seal, and the same to break, renew, or alter at pleasure, and shall be and hereby are vested with all the powers and privileges, and subject to all NEW HAMPSHIRE. 373 the liabilities, which by law are incident to corporations of a simi- lar nature. And the said corporation are hereby authorized and empowered to commence and carry on the business of quarrying granite, at the New-Hampshire Ledge or Quarry in Concord in said State. And to construct such railway as may be necessary for the transportation of said granite from said ledge or quarry to the Merrimac River, and to the line of the Concord Railroad Corpora- tion, — not obstructing any existing public or private way, or any public highway hereafter laid out — and for the purposes aforesaid, may purchase and hold such real and personal estate as may be necessary, not exceeding in amount the sum of two thousand dol- lars, and the same may use, sell and dispose of at pleasure. Sect. 2. That the capital stock of said corporation shall consist of two thousand shares, and the immediate government and direc- tion of the affairs of said corporation shall be vested in five direct- ors, who shall be chosen by the members of the corporation in the manner hereinafter provided, and shall hold their offices until oth- ers shall be duly elected and qualified to take their places as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall also be pres- ident of the corporation, and shall have authority to choose a clerk who shall be sworn to the faithful discharge of his duty, who shall also be clerk of the corporation, unless the corporation shall elect some other person to that office ; a treasurer, who shall give bonds to the corporation, with sureties to the satisfaction of the directors, for the faithful discharge of his trust; also all such other agents and servants, which may not have been chosen by the corporation, as shall from time to time be necessary. Sect. 3. That the three persons first named, or any two of them, may call the first meeting of the members of said corporation, to be holden at any suitable time and place in Concord aforesaid, by publishing a notification thereof, expressing therein the time, place, and design of said meeting, in one of the newspapers printed in said Concord, three weeks successively prior to the day of meet- ing ; at which said first meeting there shall be chosen five direct- ors ; also a clerk, who shall be sworn to the faithful discharge of the duties of his office, and whose duty it shall be to record the acts and doings of said corporation, and to give certified copies thereof when lawfully required; and at the same meeting, or any subsequent meeting thereof, duly notified and holden, the members 32 374 DOVER AND WINNIPISIOGEE RAILROAD. of said corporation may agree on the manner of holding future meetings, may determine the manner of transferring the shares of their capital stock, may elect such other officers and agents as may be deemed necessary for managing their affairs, and prescribe their duties, may order assessments and fix the time of their payment, may establish by-laws, not repugnant to the laws of this State, for their regulation and government, and may do and transact any business necessary to carry into effect the objects of their associa- tion. All questions at any meeting of said corporation, shall be determined by a majority of the voters present and represented, allowing one vote to each share ; provided that any stockholder owning over ten shares, shall be entitled to carry only one vote for every five shares he owns over and above said ten. Absent mem- bers may vote by proxy, being authorized in writing signed by the person represented, and filed with the clerk. Sect. 4. That the shares of said corporation shall be liable and holden for the payment of all assessments duly made thereon, not exceeding in the whole one hundred dollars on each share ; and upon the non-payment thereof within the time fixed for their pay- ment, the delinquent share or shares may be advertised and sold at public auction, or so many of them as may be necessary to pay such assessments, with the incidental charges, under such regula- tions as the corporation in its by-laws shall have prescribed. Sect. 5. That the legislature may at any time alter amend or repeal the foregoing Act, as the public good may require. Ap- proved, December 28, 1836. DOA^R AND WINNIPISIOGEE RAILROAD. INCORPORATED IN NEW HAMPSHIRE IN 1839. Chapter 18 o/" tJie Private Acts of 1839 contains tJie Charter. Sect. 1 grants coqiorate powers and describes the location of the route, authorizing the Company to lay out a road six rods wide, and to take land and materials for its construction, being liable however for damages. Sect. '2 limits the capital stock to 5000 shares of $100 each, and vests the govern- ment of the Corporation in five Directors to be chosen annually, a Treasurer, and Clerk. Sect. 3 defines the powers and duties of the President and Directors, giving them authority to sell the shares of any subscriber, who shall fail to pay assessments after thirty days' notice, and making him liable for any deficiency remaining after NEW HAMPSHIRE. 375 . such sale ; it limits the assessments to $100 on each share, authorizing, if neces- sary, an increase of shares, to be distributed among the original stockholders. Sect. 4 gives to the Corporation power to make by-laws and regulations not repug- nant to the laws of the State. Sect. 5 grants to the Coiijoration a toll for the transportation of passengers and freight, reserving to the Legislature, however, after the expiration of five years, the right to reduce the rates of toll, if the net income therefrom shall have exceeded 10 per cent, per annum upon the whole cost of the road. Sect. 6 authorizes the Dkectors to erect toll-houses and collect toll; it reqmres them to make an annual report, and imposes a penalty for neglect or refusal so to do. Sect. 7 makes the Corporation liable for land damages, to be assessed in the manner prescribed by the Act passed June 13, 1837. Sect. 8 authorizes guardians of persons incapable to contract, and husbands of mar- ried women, to release their claims for damages. Sect. 9 imposes a penalty upon any one wilfully obstructing or injuring the road, and establishes the mode of recovering the same. Sect. 10 appoints the time of the annual meeting, and establishes the maimer of choosing Directors and organizing the Company. Sect. 1 1 dii'ccts the mode of crossing any private way, highway, canal, or turnpike, giving to any person aggrieved the right to commence an action on the case ; and giving to the projjrietors of any turnjuke or the selectmen of any town the same right, if the Corporation first refuse to comply with the written opinion of the Court of Common Pleas for the county. Sect. 12 prohibits any other railroad from being granted within thirty years, whose termini shall be within five miles of those of this road, or that shall run parallel with this road ; granting, however, to any other railroad the right to enter upon this, by paying therefor such rates of toll as the Legislature may prescribe, and complying with the regulations of this road ; and reserving to the State the right to purchase its franchise and property on certain terms. Sect. 13 fixes the respective times within which a portion of the stock must be subscribed for, the Company organized, the location of the route filed and a por- tion of the road built ; if not complied with, this Act will be void, otherwise it will remain in full force for fifty years, or until the road is purchased by the State, Sect. 14 compels the Company to maintain in good repair all bridges, with their abutments and embankments, and in default thereof makes them liable for damages and subject to indictment. Sect. 15 enacts that nothing in this Act shall affect the existing rights of any rail- road corporation, and reserves to the legislature the power to alter, amend or modify this Act. Laws of 1839, Chap. 18. An Act to incorporate the " Dover and Winnipisiogee Railroad." Sect. 1. Be it enacted^ Sf'c. That Andrew Peirce, Moses Paul, Francis Cogswell, Joseph H. Smith, Hatevil Knight, Charles Den- 376 DOVER AND WINNIPISIOGEE RAILROAD. nett, Noah Tebbetts, Benjamin Barker, Hobart Clark, James Bur- ley, John Riley, Samuel Wyatt, Stephen Hanson, Richard Kimball, John P. Hale, Watson Hayes, Calvin Hale, Dominicus Hanson, John Roberts, Jr., Thomas W. Kittridge, John H. Wheeler, Benja- min Wiggin, William Twombly, E. J. Lane, Asa A. Tufts, and Silas Moody, and their associates, successors, and assigns, be and they hereby are made a body politic and corporate under the name of the " Dover and Winnipisiogee Railroad," and by that name shall be and hereby are made capalSle in law to sue and be sued to final judgment and execution, plead and be impleaded, defend and be defended in any court of record, or in any other place what- ever, to make, have, and use a common seal, and the same to break, alter, or renew at pleasure, and shall be and hereby are vested with all the powers, privileges, and immunities, which are or may be necessary to carry into effect the purposes and objects of this Act, as hereinafter set forth, and subject to all liabilities incident to corporations of a similar nature. And the said corpo- ration is hereby authorized and empowered to locate, construct, and finally complete a railroad beginning at any point in Dover in the county of Strafford, thence running in a northerly direction to some .point in Alton in said county near the southerly extremity of Winnipisiogee Lake, in such manner and form as they shall deem most expedient. And for this purpose the said corporation are authorized to lay out their road not exceeding six rods wide, through the whole length thereof; and for suitably constructing embankments and excavations, and building bridges, may take as much more land as may be necessary for those purposes, not ex- ceeding four rods in width, in addition to said six rods. Provided^ however^ that all damages which shall be occasioned to any person or persons, corporation or corporations, by the taking of such land for the purposes aforesaid, shall be paid for by said corporation in the manner hereinafter provided. Sect. 2. That the capital stock of said corporation shall consist of five thousand shares, of one hundred dollars each. The imme- diate government and direction of the affairs of the corporation shall be vested in five directors, who shall be chosen by the mem- bers of the corporation in the manner hereinafter provided, who shall hold their offices for one year, and until others shall be duly elected and qualified to take their places as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be NEW HAMPSHIRE. 377 president of the board, who sharll also be president of the corpora- tion, and said directors shall have authority to choose a clerk, who shall be sworn to the faithfnl discharge of his duty ; and said clerk so appointed shall also be the proprietors' clerk, unless said proprie- tors shall elect a clerk and a treasurer, who shall give bonds to the corporation, with one or more sureties to the satisfaction of the directors in a sum not less than twenty thousand dollars, for the faithful discharge of his trnst. Sect. 3. That the president Knd directors for the time being are authorized and empowered by themselves or their agents, to exer- cise all the powers herein granted to the corporation for the pur- poses of locating, constructing, and completing said railroad ; and all such other power and authority for the management of the affairs of the corporation, not heretofore granted, as may be neces- sary and proper to carry into effect the object of this grant; to pur- chase and hold land, materials, engines, cars, and other necessary things in the name of the corporation, for the use of said road ; to make such equal assessments from time to time on all the shares in said corporation, as they n:iay deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation ; and the treasurer shall give notice of all assessments. And in case any subscriber shall neglect to pay his assessment, for the space of thirty days after due notice by the treasurer of said corporation, the directors may order the treasurer to sell the share or shares of such delinquent sub- scriber at public auction, after giving due notice thereof, to the highest bidder, and the same shall be transferred to the purchaser. And such delinquent subscriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon with interest and costs of sale, and he shall be entitled to the overplus, if his share or shares shall sell for more than the assessments due, with the interest and costs of sale. Provided, however, that no assessments shall be laid upon any share in said corporation, of a greater amount than one hun- dred dollars in the whole on each share. And if a greater amount of money shall be necessary to complete the said road, it shall be raised by creating new shares, giving the stockholders in said cor- poration the right to take said stock, in proportion to the stock by them respectively owned in said corporation. Sect. 4. That the said corporation shall have power to make, ordain, and establish all such by-laws, rules, regulations, and 32* 878 DOVER AND WINNIPISIOGEE RAILROAD. ordinances, as they shall deem expedient and necessary to accom- plish the designs and purposes, and to carry into effect the provis- ions of this Act, and for the well ordering, regulating, and secur- ing the interests and affairs of the corporation : 23rovided, the same be not repugnant to the constitution and laws of this State. Sect. 5. That a toll be and hereby is granted and established for the sole benefit of said corporation, upon all passengers and property of every description, which may be conveyed or trans- ported upon said road, at such rates per mile as may be agreed upon and established from time to time by the directors of said corporation. The transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations and pro- visions as the directors shall from time to time prescribe and direct, and said road may be used by any person or persons who shall comply with such rules and regulations. Provided, that if, at the expiration of five years from and after the completion or opening of said road for use, the net income or receipts from tolls and other profits shall have amounted to more than ten per cent, per annum upon the whole cost of the road from the time of the disburse- ments, the legislature of this State may take measures to alter and reduce the rate of tolls and other profits in such manner as to reduce the overplus for the next five years, calculating the amount of transportation upon the road to be the same as the five preced- ing years, and at the expiration of every five years thereafter the same proceedings may be had, and the rate of tolls may be raised in case the net receipts shall have been less than ten per cent, dur- ing the preceding five years. Sect. 6. That the directors of said corporation for the time being are hereby authorized to erect toll-houses and houses for the deposite of merchandise, establish gates, appoint toll-gatherers, and. demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed ; and they shall from year to year on or before the second Wednesday of June, make report to the legislature, under oath, of their acts and doings, receipts and expenditmes under the provisions of this Act. And their books shall at all times be open to the inspection of any committee of the legislature appointed for that purpose. And if said corporation shall unreasonably neglect or refuse to make such report, at the expiration of every year after the opening NEW HAMPSHIRE. 379 of said railroad, for every such neglect or refusal they shall forfeit and pay to the use of this State a sura not exceeding five thousand dollars, to be recovered by action or indictment in any court of competent jurisdiction. Sect. 7. That the said corporation shall be holden to pay all damages that may arise to any person or persons, corporation or corporations, by taking their land or other property for said rail- road ; and when such land cannot be obtained from the owners by voluntary agreement, the damages occasioned to said owner by taking such land and other property for the purposes aforesaid, shall be estimated and assessed in the manner prescribed by an Act of the legislature of this State, approved January 13, 1837, entitled, " An Act for the assessment of damages for land taken for Railroad Corporations." Sect. 8. That when the lands or other property or estate of any married woman, infant, or person noii compos mefiiis, shall be necessary for the construction of said railroad, the husband of such married woman, and the guardian of such infant, or person non compos mentis^ may release all damages in relation to the land or other property or estate to be taken and appropriated as aforesaid, as they might do if the same were holden by them in their own right respectively. Sect. 9. That if any person or persons shall unlawfully, wil- fully, and maliciously obstruct the passage of any carriage on said railroad, or in any way injure, spoil or destroy said railroad, or any part thereof, or shall aid or assist therein, such person or persons so obstructing the passage of such carriage, or so injuring, spoiling, or destroying said railroad, or any part thereof, or so aid- ing or assisting therein, shall, for every such offence, on conviction thereof before any court of competent jurisdiction, forfeit and pay a fine not less than fifty dollars, nor more than five hundred dol- lars, for the use of the county wherein such oflence may be com- mitted, and may be imprisoned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Sect. 10. That the annual meeting of the members of said cor- poration shall be holden on the first Wednesday of October, at such place as the directors for the time being shall appoint, at which said meeting five directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares, pro- vided they do not amount to more than one twentieth of the whole 380 DOVER AND WINNIPISIOGEE RAILROAD. number ; and the three persons first named m this Act, or any two of them, are liereby authorized to call the first meeting of said corpo- ration, by giving notice in two newspapers published in Dover in said county, of the time, place, and purpose of such meeting, at least ten days before the time mentioned in such notice. And the directors are hereby authorized to call special meetings of the pro- prietors, giving such notice thereof as the proprietors by their by- laws may direct. Sect. 11. That if the said railroad in the course thereof, shall intersect or cross any private way, the said corporation shall so construct said railroad as not to obstruct the safe and convenient use of such private way ; and if said railroad shall not be so con- structed, the party aggrieved shall be entitled to his action on the case in any court proper to try the same, and shall recover his reasonable damages for such injury ; and if the said railroad shall, in the course thereof intersect or cross any canal, turnpike, or other highway, which has or may hereafter be laid out in pursu- ance to the laws of this State, the said railroad shall be so con- structed as not to impede or obstruct the safe and convenient use of such canal, turnpike, or other highway. And the said corpora- tion shall have the power to raise or lower such turnpike, highway, or private way, so that the said railroad, if necessary, may con- veniently pass under or over the same, and if said corporation shall raise or lower any such turnpike, highway, or private way, pursuant thereto, and shall not so raise or lower the same as to be satisfactory to the proprietors of such turnpike, or to the selectmen of the town or towns in which said highvv^ay or private way may be situated, as the case may be, said proprietors or selectmen may require in writing of said corporation, such alteration or amend- ment as they may think necessary. And if the required amend- ment or alteration be reasonable and proper, in the written opinion of the court of common pleas of said county, and if the corpora- tion shall unnecessarily and unreasonably neglect to make the same, such proprietors or selectmen, as the case may be, may pro- ceed to make such alterations or amendments, and may institute and prosecute to final judgment and execution in any court proper to try the same, any action of the case against said corporation ; and shall therein recover a reasonable indemnity in damages, for all charges, disbursements, labor, and services occasioned by mak- ing such alterations or amendments, with costs of suit. Sect. 12. That no other railroad than the one hereby granted NEW HAMPSHIRE. 381 shall within thirty years from and after the passing of this Act, be authorized to be made in this State, commencing within five miles of the commencement or termination of said Dover and Win- nipisiogee Railroad, and running parallel with the same or within five miles of the same between said termini. Provided, the State may authorize any company to enter with another railroad at any point of said Dover and Winnipisiogee Railroad, paying for the right to use the same, or any part thereof, such rate of toll as the legislature may from time to time prescribe ; and complying with such rules and regulations as may be established by said Dover and Winnipisiogee Railroad Corporation, by virtue of the fifth section of this Act. Provided, further, that it shall be in the power of this State, at any time during the continuance of the charter hereby granted, after the expiration of twenty years from the opening for use of the railroad herein provided to be made, to purchase of the said corporation the said railroad, and all the fran- chise, property, rights, and privileges of the said corporation, on paying therefor the amount expended in making said railroad and the expenses of repairs, and all other expenses relating thereto, with interest thereon, at the rate of ten per cent, per annum, de- ducting all sums received by the corporation from tolls or any other source of profit, and interest, at the rate of ten per cent, per annum thereon, that shall have been received by the stockholders ; and after such purchase, the limitation provided in this section shall end and be of no effect. Sect. 13. That if one fourth of the stock shall not have been subscribed for, the company organized, and location of the route filed in the office of the secretary of this State, previous to the first Wednesday of June, in the year eighteen hundred and forty-one ; or if the said corporation, previous to the first day of September, eighteen hundred and forty-three, shall not have expended and laid out the sum of ten thousand dollars towards the completion of the same, in either case this Act shall be void, and of no effect; otherwise to remain in full force fifty years after the passage of this Act, or until the State shall purchase the same as aforesaid. Sect. 14. That said railroad company shall constantly main- tain in good repair all bridges, with their abutments and embank- ments, which they may construct for the purpose of passing their railroad over any canal, turnpike, or other highway, or any private way, or for passing such private way, turnpike, or other highway over said railroad, and in default thereof shall be liable 3S2 PORTLAND AND CONNECTICUT RIVER RAILROAD COMPANY. in an action on the case, to respond in damages to the party ag- grieved. Sect, 15. That nothing in this Act shall be so construed as to affect the rights of any raih'oad corporation heretofore granted, and that the legislature may at any time hereafter alter, amend, or modify this Act or any of its provisions. Apjjroved, July 2, 1839. PORTLAND AND CONNECTICUT RIVER RAILROAD COMPANY . INCORPORATED IN NEW HAMPSHIRE IN 1839. Chap. 20 of the Private Acts of 1839 contains the Charter. Sect. 1 grants corporate powers. Sect. 2 describes the location of the route ; authorizing the Company to lay out a road six rods wide, and to take land and materials for its construction. Sect. 3 authorizes the Company to hold real and personal estate, for the purposes of the road, to the amount of $500,000. Sect. 4 directs the mode of organizing the Company, dividing the stock into shares, making assessments not exceeding $100 on each share, appointing officers, and hold- ing meetings ; no shareholder shall represent, by his vote, more than one tenth of the whole number of shares. Sect. 5 makes the shares liable for assessments, and to be sold for that purpose ; providing for an increase of shares, if it be necessary to raise more than $100 on each share. Sect. 6 authorizes husbands of married women, and guardians of persons incompe- tent to contract, to release their claims for land damages. Sect. 7 makes the corporation liable for land damages, to be assessed in the manner prescribed by the Act passed June 13, 1837. Sect. 8 directs the mode of crossing any private way, highway, canal or turnpike, giving to any person aggrieved, or the selectmen of any town, the right to com- mence an action on the case, if he or they first file with the clerk of the Corpora- tion a written statement of any proposed alteration, limiting the right to com- mence said action to one year therefrom. Sect. 9 compels the Company to maintain in good repair all bridges, with their abutments and embankments, and in default thereof makes them liable for damages, and subject to indictment. Sect. 10 prohibits any other railroad from being granted, within thirty years, whose route shall be parallel with, or which shall be a substitute for, this road ; but authorizes a grant to another railroad to meet this ; it also requu'es that the loca- tion be filed before July 1, 1850 ; that $4000 be expended within ten years, and the road completed for transportation within fifteen years from this date, — other- wise this Act shall be void. Sect. 1 1 imposes a penalty upon, and makes liable to indictment, any person injur- ing or obstructing the road. NEW HAMPSHIRE. 383 Sect. 12 reserves to the Legislature the right to reduce the rates of toll, after the expiration of five years, if the net income thereof shall have exceeded 10 per cent, per annum on the cost of the road ; it also reserves to the State the power to purchase the franchise and property of the Corporation, after twenty years, by paying the amount of its capital, and such further sum as shall make theii- net income equal to 10 per cent, per annum upon the cost of the road. Sect. 13 authorizes the Company to lease the right, entire or in part, to use this road, to any person or corporation. Sect. 14 reserves to the Legislature the right to alter or modify this Act. Laws of 1839, Chap. 20. An Act to incorporate the Portland and Connecticut River Railroad Corporation. Sect. 1. Be it enacted^ ^'c. That John H. White, Frederick G. Messer, Royal Joyslin, James B. Sumner, Robert Ingalis, Moses P. Little, Benjamin Stephenson, Hiram A. Fletcher, Joshua Mar- shall, Richard P. Kent, John Pendexter, Adino N. Brackett, Charles Bellows, Daniel Green, Thomas Carlisle, Reuben Ste- phenson, John Wilson, Joseph C. Cady, George A. Cossitt, Press West, Harvey Adams, and their associates, successors and assigns, be and hereby are constituted and made a corporation, by the name of the Portland and Connecticut River Railroad Corporation ; and by that name may sue and be sued, prosecute and defend to final judgment and execution, and may have and use a common seal, and the same may alter and renew at pleasure ; and may also make, ordain, and put in execution all such by-laws and regulations, not being contrary to the constitution and laws of this State, as shall be necessary, proper and convenient for the government of said corporation, the due management of its concerns, and the preserva- tion and proper use of said railroad ; and shall be and hereby are vested with all the powers and privileges, and subject to all the liabilities which by law are incident to corporations of a similar nature. Sect. 2. That said corporation be and hereby is empowered to locate, construct and keep in repair a railroad from any point in the easterly line of the State of New Hampshire, between the towns of Haverhill in the county of Grafton, and Colebrook in the county of Coos, thence running westerly to the west line of said State of New Hampshire, to some convenient place between said towns of Haverhill and Colebrook, in such manner as they shall deem most expedient, and to take toll for all passengers and property of all 384 PORTLAND AND CONNECTICUT RIVER RAILROAD COMPANY. descriptions conveyed upon the same or any part thereof; and for this purpose may lay out said raih'oad, not exceeding six rods wide, and may take as much more land as may be necessary, not exceeding four rods in width, in addition to said six rods, for suit- ably constructing embankments and excavations, and building bridges, for the proper construction of said railroad ; and the trans- portation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, and all other mat- ters and things in relation to the use of said road, shall be in con- formity to such rules, regulations and provisions as the directors shall from time to time prescribe and direct. Sect. 3. That said corporation be and is hereby authorized for the purposes aforesaid, to purchase, take, hold, improve and con- vey real and personal estate of every kind, and to erect thereon such depots, storehouses, toll houses, and other buildings as they may think expedient, to such amount as they may find sufficient for the completion of said railroad and the management of its con- cerns. Provided, said amount shall not exceed five hundred thou- sand dollars. Sect. 4. That the said John H. White, Frederick G. Messer, and Royal Joyslin, or any two of them, may call the first meeting of said corporation, by giving to each of the members seven days' previous notice, at which meeting a clerk shall be chosen, who shall be sworn to the faithful discharge of the duties of his office, and it shall be his duty to record the doings and proceedings of said corporation, and to perform such other services as the by-laws of said corporation may require. And at the same or any subsequent meeting, duly holden, the members of said corporation may pre- scribe the time and manner of calling, holding, and managing future meetings ; may divide the capital stock, or such portion thereof as they may deem sufficient for the time being, into shares, and prescribe the mode in which the same shall be holden and transferred ; may make or provide for the making of assessments on said shares, from time to lime as occasion may require, pro- vided that assessments shall not exceed, in the whole, the sum of one hundred dollars on each share, and fix the time and mode of payment ; may appoint and constitute such officers, servants, or agents of the said corporation as they shall think expedient, and prescribe their respective duties and powers ; and may do or trans- act any other matter or thing relating to the property, business or concerns of said corporation. And each member shall be entitled NEW HAMPSHIRE. 385 to one vote to each share he owns or holds in said corporation, and absent members may be represented and vote by proxy, authorized thereto by writing filed with the clerk of said corporation; and all questions shall be decided by a majority of votes cast. Provided^ that no vote shall be given by any proprietor for any share owned or held by him, exceeding one-tenth of the whole number of shares. Sect. 5. That the shares aforesaid shall be liable and holden for the payment of all assessments legally made thereon ; and in case of the neglect or refusal of any member to pay the assessment or assessments on his share or shares, the same or so many of them as may be sufficient to pay the amount of such assessments, with interest and expenses of sale, may be sold and transferred for the payment of the same, in such manner as may be prescribed by the by-laws of said corporation. Provided^ that if it be necessary to raise a sum exceeding one hundred dollars on each share, the same shall be done by creating new shares. Sect. 6. That when the lands, or other property of any feme covert, infant, spendthrift, or person non compos mentis, shall be necessary for the construction of said railroad, the husband of such feme covert, or the guardian of such infant, spendthrift, or person non compos mentis, may release all damages for any land or pro- perty taken and appropriated as aforesaid, as fully as they might do if the same were holden in their own rights respectively. Sect. 7. That said corporation shall be holden to pay all dama- ges, arising to any person or corporation by taking their land for said railroad, when it cannot be obtained by voluntary agree- ment, on petition to the court of common pleas, in the mode pro- vided by an Act entitled "An Act providing for the assessment of damages for land taken for Railroad Corporations," approved, Jan- uary 13, 1837. Sect. 8. That said corporation be. and hereby is authorized to cross any canal, or to cross, raise, lower or run along any turn- pike, highway, or other way ; provided that said railroad shall be so constructed as not to obstruct the safe and convenient use of the same ; and if said railroad shall not be so constructed, the propri- etors of such canal or turnpike, the owner of such private way, or the selectmen of the town in which such highway may be situated, as the case may be, shall be entitled to an action on the case against said corporation, and may recover reasonable damages. Provided, hoicever, That the proprietors, owners, or selectmen 33 386 PORTLAND AND CONNECTICUT RIVER RAILROAD COMPANY. aforesaid, as the case may be, shall, before action brought, file with the clerk of said corporation a particular description, in writ- ing, signed by them, of all such alterations as they may deem necessary, and shall specify therein and allow a reasonable time to said corporation for making said alterations. And provided fur- ther, That no action shall be sustained as aforesaid miless brought within one year after the time allowed for making such alterations shall have expired. Sect. 9. That said corporation shall substantially construct and keep in good repair, all bridges, abutments, foundations, walls and embankments, which may be necessary for safely and conveniently crossing any canal, or crossing, passing over, under or along any turnpike, highway, or other way : and when any public highway shall hereafter be laid out by the selectmen of any town, or by order of the court of common pleas, across said railroad, said cor- poration, being thereto required in writing by the selectmen of the town where such highway may cross said railroad, shall make such alterations in said railroad as may be necessary to the proper construction of said highway and the convenient and safe use thereof, and the same constantly maintain and keep in repair ; and in default thereof shall be liable in damages to the party injured, and also to prosecution by indictment and fine, to the use of the county wherein such default may take place, at the discretion of the court before whom the same may be tried. Sect. 10. That no other railroad shall be granted, within thirty years from the completion of the railroad granted in this Act, run- ning parallel with, or which is a substitute for the same, or any part thereof, within five miles of the same. Provided, however, that any railroad may be granted running to meet the railroad granted in this Act at its termination, any thing herein contained to the contrary notwithstanding : And provided further, that if the location of said railroad be not filed with the secretary of state, on or befare the first day of July, in the year of our Lord one thou- sand eight hundred and fifty, or if said railroad shall not be com- menced, and the sum of four thousand dollars have been laid out and expended on the same, within ten years from and after the passage of this Act, or if the same shall not be completed, so that passengers and property may and shall be conveyed on the same, within fifteen years from this time, then this Act shall be null and void. Sect. U. That if any person shall wilfully, maliciously, or wan- NEW HAMPSHIRE. 387 tonly, and contrary to law, obstruct the passage of any engine or carriage upon said railroad, or in any way injure or destroy said railroad, or any part thereof, he, she, or they, or any person aid- ing or abetting in such trespass, shall forfeit and pay to said cor- poration, for every such offence, treble such damages as shall be proved, to be sued for and recovered before any court proper to try the same. And such offender shall be liable to indictment, by the grand inquest for the county in which such trespass shall have been committed, for any offence aforesaid, and on conviction thereof shall pay a fine not exceeding five hundred dollars, nor less than thirty dollars, for the use of said county, or may be impris- oned for a term not exceeding one year, at the discretion of the court before whom such conviction may be had. Sect. 12. That if after the expiration of five years from and after the completion of said road, the net income or receipts from tolls and other profits, taking the five years aforesaid as the basis of calculation, shall have amounted to more than 10 per cent, per annum upon the cost of the road, the repairs and all expenses inci- dent thereto, the legislature may take measures to alter and reduce the rate of tolls and other profits, in such manner as to take off the overplus for the next five years, calculating the amount of transportation upon the road to be the same as the five preceding years ; and at the expiration of every five years thereafter, the same proceedings may be had. Provided, that it shall be in the power of the State, at any time during the continuance of the char- ter hereby granted, after the expiration of twenty years from the opening for use of the railroad herein provided to be made, to pur- chase of the said corporation the said railroad, and all the fran- chise, property, rights and privileges of said corporation, by pay- ing to said corporation a sum equal in amount to their capital expended, with such further sum, after deducting the net income by them received, as shall make their net income equal to 10 per cent, on said capital annually. Sect. 13. That said corporation be and they hereby are author- ized and empowered to lease a part or the entire right to use said railroad by locomotives, cars, carriages and engines, to such per- son or persons or corporation, and upon such terms as they may deem proper. Sect. 14. That the legislature of this State may at any time hereafter, amend or modify this Act, or any of its provisions. Ajt- jiroved, July 2, 1839. 388 GREAT FALLS AND SOUTH BERWICK BRANCH RAILROAD. THE GREAT FALLS AND SOUTH BERWICK BRANCH RAILROAD, IN MAINE. Chapter 8 of the Private Acts o/" 18-il contains An Act authorizing this railroad to cross Salmon Falls River. Sect. 1 empowers said Company to cross, with tteir railroad, Salmon Falls River, from Berwick, in Maine, near Great Falls in Somersworth ; also to purchase and hold real estate in or near Great Falls, for a depot and track for said railroad ; but they shall not take private property, without the owner's consent. Sect. 2 authorizes said Branch Railroad to connect with any railroad in Somers- worth. Sect. 3 provides that nothing herein shall affect the existing rights of any railroad corporation ; and that the legislature may alter or amend this Act. Laws of 1841, Chap. 8. An Act to enable the Great Falls and South Berwick Branch Railroad to cross Salmon Falls River, and to connect with any other railroad in the town of Som- ersworth. Sect. 1. Be it enacted^ &j'c. That the Great Falls and South Berwick Branch Railroad be, and they hereby are authorized and empowered to cross with their railroad the Salmon Falls River from Berwick in the State of Maine, near Great Falls in the town of Somersworth ; and they hereby are authorized and empowered to purchase and to hold such and so much real estate in or near the village of Great Falls for a depot and a track for said railroad, from said depot to said branch railroad, at the dividing line between said Berwick and said town of Somersworth, as may be necessary for these purposes. Provided. That nothing herein con- tained shall be so construed, as to authorize said railroad to take or occupy any private property without the consent of the owner thereof Sect. 2. That said Branch Railroad be, and they hereby are authorized and empowered, to connect said Branch Railroad with any railroad, which is or hereafter may be established or located in said town of Somersworth. Sect. 3. That nothing in this Act shall be so construed as to affect the rights of any railroad corporation heretofore granted, and that the legislature may at any time hereafter, alter, amend, or modify this Act or any of its provisions. Approved, July 3, 1841. NEW HAMPSHIRE. 389 NORTHERN RAILROAD COMPANY. INCORPORATED IN NEW HAMPSHIRE IN 1844. Chapter 111 of the Lmos of 1844 contains the Charter. Sect. 1 grants corporate powers, and describes the location of the route ; it author- izes the Company to lay out a road six rods wide, and take land and materials for its construction, being liable, however, to damages occasioned thereby. Sect. 2 limits the capital stock to 7000 shares, and vests the government of the Cor- poration in seven Directors, a majority of whom shall constitute a quorum, and who shall choose their officers, a treasurer and clerk. Sect. 3 defines the powers and duties of the President and Directors ; giving them authority to sell the shares of any subscriber who shall fail to pay assessments, after sixty days' notice, and making him liable for any deficiency remaining after such sale; it limits the assessments to $100 on each share, and authorizes, if necessary, an increase of shares, to be distributed among the original stockholders. Sect. 4 gives to the Corporation power to make by-laws and regulations not repug- nant to the laws of the State. Sect. 5 grants to the Corporation a toll for the transportation of passengers and freight, reservmg, however, to the Legislature after the expiration of five years, the right to reduce the rates of toll, if the net income therefrom shall have ex- ceeded 8 per cent on the cost of the road, and so after each five years. Sect. 6 authorizes the Directors to erect toll houses and collect toll. Sect. 7 appoints the time of the annual meeting. Sect. 8 directs the manner of crossing any private way, and entitles any person aggrieved to any action on the case for his damages. Sect. 9 provides that if said Company be not organized, one fourth part of the stock subscribed for, and the location of the route filed before June 1, 1846, or $6000 expended before September 1, 1846, or one fourth part of the road completed before December 1, 1848, then this Act shall be void ; it authorizes a deviation, if neces- sary, to the distance of one mile, from the location in the charter. Sect. 10 requires that the Company shaU keep in good repair all bridges ; in default thereof being liable for damages, in an action of the case. Sect. 11 empowers the Company to erect bridges across the Merrimac and Con- necticut Rivers, provided they do not impede the navigation. Sect. 12 requires the Directors to make an annual Report at a certain time, and keep books open to the inspection of a committee of the Legislature, and for refusal or neglect to do the latter, imposes a penalty. Sect. 13 provides that the State may, after twenty years from the completion of the road, piu-chase the franchise and property of the Company, by payiag the amount of its cost and such further sum as with the net income of the road shaU equal 8 per cent, per annum thereon, from the time of payment by the stockholders to the time of purchase. Sect. 14 makes this Act subject to the laws of the State respecting corporations and railroads. Sect. 15 reserves to the Legislature power to amend or repeal this Act. 33* 390 NORTHERN RAILROAD COMPANY. Chapter 190 of the Private Acts of 1844 contains the Charter. Sect. 1 grants corporate powers, Kmiting the amount of real estate to be held ex- clusive of that -within the limits of the road and for purposes of construction, to o per cent, on the capital stock. Sect. 2 describes the route, authorizes them to build bridges across the Connecticut, ilerrimac or Pemigewasset Eivers, so as not to impede navigation, and requires them to keep such bridges in repair, and provide suitable engines, and cars, and run them each way at least once a day, Sundays excepted. Sect. 3 divides the capital stock into 15,000 shares, vests the government in seven Directors, a majority of whom shall constitute a quorum, and provides for the choice of officers. Sect. 4 grants a toll to the Corporation, provided they pay, each year, the excess, if any, of the net receipts over 10 per cent, on the capital stock, into the State Treasury. Sect. 5 defines the powers and duties of the officers, authorizes making equal assess- ments to the extent of $100 on each share, a sale of shares for nonpayment thereof, after notice, and making new shares, if necessary, to be distributed proportion- allj' among the original stockholders. Sect. 6 establishes the mode of crossing any private way, highway, or canal, giving any party aggrieved a right of action, to be commenced witliin two years from the time of the obstruction ; it requii-es that they make alterations necessary in the opinion of the County Commissioners, in crossing highways, or turnpikes, at the request of the Selectmen of any town or proprietors of any turnpike, in neglect or refusal of which they shall be liable to an action for damages ; and that they erect and maintain a bridge over, or gates on each side of, a highway which they cross or intersect, and all other bridges ; in default thereof being liable in damages. Sect. 7 provides that, unless one hah' of the capital stock be subscribed for, and the Company organized before December 1, 1848, and $100,000 be expended before December 1, 1849, this Act shall be null and void; and that it shall be null and void as to every part not constructed and ready for use before December 1, 1852. Sect. 8 appoints the time of the annual meeting, and the manner of choosing Direct- ors, authorizes special meetings to be called, if necessary, and directs the manner of organizing the Company. Sect. 9 provides that the expenses heretofore incurred and to be incurred in procur- ing this Act shall, being first audited by the Directors, constitute a charge against the Corporation. Sect. 10 subjects this Act to the provisions of the Revised Statutes. Sect. 11 reserves to the Legislature the right to alter or repeal this Act, after notice. Sect. 12 repeals the Act passed at the last session entitled " an Act to incorporate the Northern Railroad Company." Sect. 13 enacts that this Act shall take effect from its passage. Chapter 777 of the Private Acts of 1848 contains an Act authorizing this Company to unite icith the Franklin and Bristol Railroad. — {Vide Charter of the Franklin a7id Bristol Railroad.) NEW HAMPSHIRE. 391 Private Acts op 1844, Chap. 111. An Act to incorporate the Northern Railroad Company. Sect. 1. Be it enacted, c^'c That Halsey R. Stevens, Amos A. Brewster, James Willis, Timothy Kenrick, Elijah Blaisdell, Ros- well Startwell, Joseph C. Thompson, Converse Goodhue, Uriah Amsden, George W. Nesmith, Caleb Merrill, James Colburn, Stephen Kenrick, Dearborn Sanborn, and their associates, succes- sors, and assigns, be and they are hereby made a body politic and corporate, under the name of the Northern Railroad Company; and by that name shall be, and hereby are made capable, in law, to sue and be sued to final judgment and execution ; plead and be im- pleaded, defend and be defended, in any court of record or in any other place whatever ; to make, have and use a common seal — the same to break, renew or alter at pleasure ; and shall be, and here- by are vested with all the powers, privileges, and immunities, which are or may be necessary, to carry into effect the purposes and objects of this Act as hereinafter set forth, and subject to all the liabilities incident to corporations of a similar nature. And for the better accommodation of the public travel, and the more easy transportation of all persons, goods, and merchandise, which may be offered for transportation on said railroad, the said com- pany are hereby authorized and empowered to locate, construct, and finally to complete a railroad — beginning at any point in the towns of Concord or Bow, so as to enter on the Concord Railroad, pay- ing for the right to use the same or any part thereof, such a rate of toll as the legislature may from time to time prescribe, and complying with such rules and regulations as may be established by said Concord Railroad Corporation ; and thence running north- erly to the east or west bank of the Connecticut River, at some point in the towns of Haverhill or Charlestown, or betwixt the same on said Connecticut River, on such route as shall be deemed most expedient. And for this purpose, the said company are au- thorized to lay out their road, not exceeding six rods wide, through the whole length ; and for the purpose of cuttings, and embank- ments, may take as much more land as may be necessary for the proper slope of the same in the construction of said road ; provi- ded however, that all damages that may be occasioned to any per- son or persons, corporation or corporations, by taking such land for 392 NORTHERN RAILROAD COMPANY. the purposes aforesaid, shall be paid by said company in the man- ner hereinafter provided, prior to their entering thereon, except for the purpose of surveying said route. Sect. 2. The capital stock of said company shall consist of eight thousand shares; and the immediate government and direc- tion of the affairs of said company shall be vested in seven direct- ors, who shall be chosen by the members of the company, and shall hold their offices until others shall be duly elected and quali- fied to take their places as directors. And the said directors, a majority of whom shall form a quorum for the transaction of busi- ness, shall elect one of their own number to be president of the board, who shall also be president of the company, and shall have authority to choose a clerk, who shall be sworn to the faithful dis- charge of his duty, and who shall also be clerk of the company, unless the company shall elect some other person to that office ; a treasurer who shall give bonds to the company, with sureties to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust ; also all other such agents as shall from time to time be necessary. Sect. 3. That the president and directors for the time being are authorized and empowered, by themselves or their agents, to exer- cise all the powers herein granted to the company, for the purpose of locating, constructing, and completing said railroad, and for [the] transporting and carrying of persons, goods, and merchandise there- on ; and all such other powers and authority for the management of the affairs of the company, not heretofore granted, as may be necessary and proper to carry into effect the object of this grant; and to purchase and hold in fee-simple all such lands, as may be necessary for the location and construction of said road, and the erection of suitable buildings therefor ; and to purchase materials, engmes, cars, and other necessary things in the name of the com- pany for the use of said road, and for the transportation of persons, goods, and merchandise ; to make such equal assessments from time to time on all the shares in said company, as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the company; and the treasurer shall give notice of such assessment. And in case any subscriber for stock shall neglect to pay his assessment, for the space of sixty days after due notice by the treasurer of said company, the directors may order the treasurer to sell the share or shares of such delinquent subscriber, at public auction, after due NEW HAMPSHIRE. 893 notice thereof, to the highest bidder, and the same shall be trans- ferred to the purchaser; and such dehnquent subscriber shall be held accountable to the company for the balance, if his share or shares shall sell for less than the assessments due thereon, with in- terest and cost of sale, and shall be entitled to the overplus if any there be ; provided^ howevei^ that no assessment shall he laid upon any share in said company of a greater amount than one hun- dred dollars, in the whole, on each share. And if a greater amount of money shall be necessary to complete said road, it shall be raised by creating new shares, giving to the stockholders in said corporation the right to take stock, in proportion to the stock by them respectively owned in said company. Sect. 4. The said company shall have power to make, ordain, and establish all such by-laws, rules, regulations and ordinances, as they shall deem expedient and necessary to accomplish the de- signs and purposes, and to carry into eifect the provisions of this Act, and for the well-ordering, regulating, and securing the inter- ests and affairs of the company ; provided the same be not repug- nant to the constitution and laws of this State. Sect. 5. That a toll be, and is hereby granted and established for the use of said road, upon all passengers and property of every description, which may be conveyed or transported upon said road, at such rates per mile as may be agreed upon and established from time to time by the directors of said company: the transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, the times and periods of starting, and rates of travel on the same, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations, and provisions, as the directors shall from time to time prescribe and direct, and as shall be necessary for the safety of the public travel over said road ; provided that if, at the expiration of five years from and after the opening of said road for use, the net income or receipts from tolls and other profits shall have amounted to more than eight per cent, per annum, upon the whole cost of the road from the time of the disbursements, the legislature of this State may take measures to alter and reduce the rates of toll, and other profits, in such man- ner as to take off the overplus for the next five years, calculat- ing the amount of transportation upon the road to be the same as the five preceding years ; and at the expiration of every five years the same proceedings may be had. 394 NORTHERN RAILROAD COMPANY. Sect. 6. That the directors of said company for the time being, are hereby authorized to erect toll houses, and houses for the deposit of merchandise, establish gates, appoint toll gatherers, and demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed. Sect. 7. That the annual meeting of the members of said com- pany shall be holden at such time and place within the State, as the company by their by-laws, or the directors for the time being shall appoint, at which meeting seven directors shall be chosen by ballot ; and the three persons first named in this Act, or any two of them, are hereby authorized to call the first meeting of said company, by giving notice in some paper published at Concord, in this State. And the directors are hereby authorized to call spe- cial meetings of the stockholders, whenever they shall deem it expedient and proper, giving such notice as the company by their by-laws shall direct. Sect. 8. That if the said railroad in the course thereof shall in- tersect or cross any private way, the said company shall so con- struct said railroad, as not to obstruct the safe and convenient use of such private way ; and if such railroad shall not be so con- structed, the party aggrieved shall be entitled to his action on the case, in any court proper to try the same, and shall recover his reasonable damages for such injury. Sect. 9. That if said company shall not have been organized, one fourth part of the stock subscribed, and the location of the route filed with the secretary of state, on or before the first day of June, 1846, permitting the said company, in the construction of said road, the right to construct the same on each or either side of the line so located and filed ; or shall not have laid out and expended the sum of six thousand dollars towards the completion of the same, previous to the first day of September, 1846 ; or shall fail to complete at least one fourth part of the same by the first day of December, 1848; in either of the above mentioned cases this Act shall be null and void, so far as the same shall not be completed : otherwise to remain in full force. But notwithstanding the filing of said location, said corporation may deviate therefrom in the construction of said railroad, not exceeding the distance of one mile on either side of said location ; provided such deviation be found necessary for avoiding impediments, or for the easier or better construction of said road. Sect. 10. That the said railroad company shall constantly main- NEW HAMPSHIRE. 395 tain, in good repair, all bridges with their abutments and embank- ments, which they may construct for the purpose of conducting said raih'oad over any turnpike, private or public highway, or for conducting such turnpike, private or highway over said railroad, and in default thereof shall be liable in an action of the case, to respond in damages to any party aggrieved. Sect. 11. That the said company be, and they hereby are au- thorized and empowered to erect, for the sole use and exclusive accommodation of the travel on said railroad, if they shall deem it necessary, such bridge or bridges as may be required across the waters of the Merrimack and Connecticut Rivers, or any of their branches ; provided said bridge or bridges shall be so constructed as not to obstruct, nor unnecessarily impede the navigation of said rivers. Sect. 12. That it shall be the duty of the directors c'' said com- pany from year to year, on or before the second Wednesday of June, to make a report to the secretary of this State, of their acts and doings, receipts and expenditures, under the provisions of this Act. And their books, at all times, shall be open to the inspection of any committee of the legislature appointed for that purpose ; and if said company shall unreasonably neglect or refuse to make such report at the expiration of every year after the opening of said railroad, for every such neglect or refusal, they shall forfeit and pay to the use of the State a sum not exceeding five thousand dollars, to be recovered by action or indictment in any court of competent jurisdiction. Sect. 13. That this State, at any time during the charter of the Northern Railroad Company, after the expiration of twenty years from the time of the completion of said road, m.ay purchase the same of said company, and all the franchise, rights, and privileges of said company, by paying them therefor the amount expended in making said road ; and in case, at the time of such purchase, the said company shall not have received a net income equal to eight per cent, per annum, on the amount of such expenditure, from the time of the payment thereof by the stockholders, by paying said company such additional sum, as together with the tolls and profits of every kind, which they shall have received from said railroad, will be equal to a net profit of eight per cent, per annum on the cost of said road, from the time of payment thereof by the stock- holders to the time of purchase. Sect. 14. And the said corporators are to take all the privileges 396 NORTHERN RAILROAD COMPANY. and franchises herein granted, subject to the laws in relation to cor- porations and railroads, as they now stand in the Revised Statutes of New Hampshire. Sect. 15. The legislature may at any time alter, amend, or re- peal this Act, or any of its provisions. Approved^ June 18, 1844. Laws of 1844, Chap. 190. An Act to incorporate the Northern Railroad. Sect. 1. Be it enacted, dfc. That Timothy Kenrick, EHjah Blaisdell, Halsey R. Stevens, Daniel Blaisdell, William H. Dun- can, Charles B. Haddock, James H. Kendrick, James Willis, Converse Goodhue, William P. Weeks, Jesse Cross, Joseph C. Thompson, James Smith, Caleb Merrill, Stephen Pingree, James Clark, Simeon B. Little, Jeremiah Kimball, Brackett L. Greenough, Joseph Cass, and Nathaniel S. Berry, their associates, successors, and assigns, shall be, and hereby are made a body politic and cor- porate, by the name of the Northern Railroad, and by that name may sue and be sued, prosecute and be prosecuted to final judg- ment and execution, and hereby are vested with all the powers necessary and proper to carry into effect the purposes and objects of this Act ; but shall hold no more real estate at any one time, ex- clusive of that within the limits of the road, and land purchased to procure stone, sand, and gravel, than shall be worth five per cent, of the capital stock of the corporation. Sect. 2. The said corporation are hereby authorized and em- powered to construct, and finally complete for public use, and keep in use, a railroad, beginning at any point on the Concord Railroad in the towns of Concord or Bow, in the county of Blerrimac; thence running by such route as shall be deemed best to accommo- date the public, to the west bank of Connecticut River, in the town of Lebanon, in the county of Grafton. And they are hereby au- thorized and empowered to construct a bridge or bridges, across the waters of the Connecticut and Merrimac, or Pemigewasset rivers, provided said bridge or bridges shall be so constructed as not unne- cessarily to impede the navigation of said rivers. And said corpo- ration are required to keep said road and bridge or bridges in good repair, and provide suitable and proper engines, and cars for the conveyance of passengers and property over the said road, and cause the said engines and cars to be run each way at least once a NEW HAMPSHIRE. 397 day, Sundays excepted, to accommodate the public travel and trans- portation, except when prevented by unavoidable accidents and contingencies. Sect. 3. The capital stock of said corporation shall consist of fifteen 'thousand shares ; and the immediate government and direc- tion of the affairs thereof, shall be vested in seven directors, who shall be chosen by the members or stockholders, in the manner hereinafter provided, and shall hold their offices until others shall be duly elected and qualified to take their places as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall also be president of the company, and they shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty, and they shall also have authority to choose a treasurer, who shall give bonds to the corporation, with sureties to the satisfaction of the directors in a sum not less than thirty thousand dollars, for the faithful dis- charge of his trust, and such other agents and servants as shall, from time to time, be necessary. Sect. 4. A toll is hereby granted to the corporation for their benefit, on all passengers and property which may be conveyed on said railroad, at such rates as may be from time to time agreed on by the directors ; provided that in any and every year, when their net receipts shall amount to a sum making, with the prior net re- ceipts of the corporation, more than an average often percent, per annum from the commencement of their operations, the excess shall be paid into the treasury of the State, until otherwise direct- ed by the legislature. And the directors are hereby authorized to erect toll houses and houses for the deposit of merchandise, and demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed. Sect. 5. The president and directors for the time being are au- thorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the corporation, for the purpose of constructing and completing said railroad, and for the transporta- tion of persons, goods, and merchandise thereon, and all such other powers and authority for the management of the affairs of the corporation, not heretofore granted, as maybe necessary and proper to carry into effect the object of this grant; to purchase lands, materials, engines, cars, and other necessary things in the name of the corporation, for the use of said road, and for the transportation 34 398 NORTHERN RAILROAD COMPANY. of persons, goods, and merchandise ; to make such equal assess- ments from time to time on all the shares in said corporation, as they may deem expedient and necessary in the execution and pro- gress of the work, and direct the same to be paid to the treasurer of the corporation, and the treasurer shall give notice of such as- sessments. And if any subscriber shall neglect, for sixty days after such notice, to pay his assessments, the directors may order the treasurer to sell his share or shares at public auction, due notice thereof being given, to the highest bidder, and the same shall be transferred to the purchaser; and such delinquent subscriber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with interest and cost of sale, and shall be entitled to the overplus, if any there be ; jDrovided, that no assessment shall be laid on any share of a greater amount than one hundred dollars, in the whole, on each share. And if a greater amount of money shall be neces- sary, it shall be raised by creating new shares, giving the stock- holders in the corporation the right to take said shares, in propor- tion to shares by them respectively owned in said corporation. Sect. 6. If the said railroad in the course thereof, shall inter- sect or cross any private way, the said corporation shall so con- struct said railroad, as not to obstruct the safe and convenient use of such private way ; and if said railroad shall not be so constructed, the party aggrieved shall be entitled to his action on the case, and shall recover reasonable damages for such injury ; but no action shall be commenced after the expiration of two years from the ob- struction aforesaid. And if the said railroad shall, in the course thereof, intersect or cross any canal, turnpike, or other highway, the said railroad shall be so constructed as not to impede or ob- struct the safe and convenient use of such canal, turnpike, or other highway ; and the corporation shall have the power to raise or lower such turnpike, highway, or private way, so that the railroad, if necessary, may conveniently pass under or over the same ; and if said corporation shall raise or lower any such turnpike, highway, or private way, and shall not raise or lower the same so as to be satisfactory to the proprietors of such turnpike, or to the selectmen of the town in which said highway, or private way, may be situate, as the case may be, said proprietors or selectmen may require, in writing, of said corporation, such alteration or amendment as they may think necessary. And if the required alteration or amend- ment be reasonable and proper, in the written opinion of the road NEW HAMPSHIRE. 399 commissioners for the county in which such alteration or amend- ment is proposed, and the said corporation shall unnecessarily and unreasonably neglect to make the same, such proprietors or select- men, as the case may be, may proceed to make such alteration or amendment, and may institute any action on the case against said corporation, and shall thereupon recover reasonable damages for all charges, disbursements, labor and services occasioned by making such alteration or amendments, with costs of suit. And whenever said railroad shall intersect or cross any highway, the board of road commissioners within the county, on notice given, and hearing had for this purpose, may direct that such place of crossing, or inter- section shall be secured by a bridge over said road, or by the erec- tion of gates on both sides of said road, should either, in their opinion, be essential to the public safety ; and such powers shall be vested solely in the road commissioners. And the said com- pany shall constantly maintain in good repair all bridges, with their abutments and embankments, which they may construct for the purpose of conducting said railroad over any turnpike, private way, or highway, or for conducting such turnpike, private way, or high- way over said railroad ; and in default thereof, shall be liable, in an action on the case, to respond in damages to any party ag- grieved. Sect. 7. Unless one half of the capital stock above specified shall be subscribed for, and the corporation organized before the first day of December, in the year of our Lord one thousand eight hundred and forty-eight, and the sum of one hundred thousand dollars shall have been expended toward the construction of said railroad, before the first day of December, in the year of our Lord one thousand eight hundred and forty-nine, this Act shall be null and void. And this Act shall be null and void as to any and every portion of said railroad, which shall not be completed and fit for use, on or before the first day of December, one thousand eight hundred and fifty-two. Sect. 8. The annual meeting of the members or stockholders of the corporation shall be holden on the day prescribed by the by-laws, and at such place in this State as the directors for the time being shall appoint, or as the by-laws shall prescribe, at which meeting seven directors shall be chosen by ballot. The directors may call special meetings of the stockholders whenever they shall deem it expedient, giving such notice as the corporation by their by-laws shall direct. And any three of the five persons first named 400 riTCHBUBG, KEENE AND CONNECTICUT RIVER R. R. COMPANY. in this Act, may call the first meeting of the corporation, by a notice published two weeks successively, in two of the newspapers printed at Concord; at which meeting, associates may be admitted, and a president and clerk, and such other officers, and such agents and committees may be chosen or appointed, as may be deemed necessary to carry into efiect the objects of this Act, who shall hold their offices until such time as a board of directors shall be chosen. Sect. 9. The expenses heretofore incurred in making surveys, and accomplishing other purposes in relation to said railroad, and suitable compensation for time and expenses in procuring this Act, the claims being first audited and allowed by the directors, shall constitute a valid charge against the corporation, and be allowed in discharge of assessments on shares. Sect. 10. This corporation shall hold and enjoy the privileges and franchises herein granted, subject to the laws in relation to corporations and railroads, as they now stand in the Revised Statutes of this State. Sect. 11. The legislature may alter, amend, or modify the pro- visions of this Act, or repeal the same, notice being given to the corporation, and an opportunity to be heard. Sect. 12. The Act passed at the last session of the General Court, entitled " an Act to incorporate the Northern Railroad Com- pany," is hereby repealed. Sect. 13. This Act shall take efiect upon the passage thereof. Approved^ December 27, 1844. FITCHBURG, KEENE, AND CONNECTICUT RIVER RAILROAD COMPANY. INCORPORATED IN NEW HAMPSHIRE IN 1844. Chapter 112 of the Laws of 1844 contains the Charter. Sect. 1 grants corporate powers, and describes the route ; it authorizes the Company to build a road six rods wide, and take land and materials for its construction, being liable, however, for land damages. Sect. 2 limits the capital stock to eight thousand shares, and vests the government in seven directors, a majority of whom shall form a quorum, and who shall choose officers. Sect. 3 defines the powers and duties of the President and Directors, authorizing NEW HAMPSHIRE. 401 tliein to sell the stock of any subscriber who shall fail to pay assessments due, making him liable for any deficiency remaining after such sale, and limiting the assessments to $100 on each share. Sect. 4 authorizes the Company to make by-laws not repugnant to the laws of the State. Sect. grants to the Corporation a toll for transportation of passengers and freight; provided that, after five years from the opening of the road, if the net income shall have exceeded 8 per cent, per annum upon its cost, the Legislature may reduce the rates of toll, for the next five years, so that the net income shall equal that sum ; and thus proceed at the expiration of each five years. Sect. 6 authorizes the Directors to erect toll-houses and collect toll. Sect. 7 provides that an annual meeting be held, when seven directors shall be chosen ; and directs the mode of organizing the Company, authorizing that special meetings be held, when expedient and proper. Sect. 8 establishes the manner of crossing any private way, giving to any person aggrieved the right to an action on the case, to recover reasonable damages. Sect. 9 provides that, if the Company be not organized, one fourth part of the stock subscribed for, and the location filed before June 1, 1846, the sum of $6000 expended before September 1, 1846, or one fourth part of the road completed before December 1, 1848, this Act shall be void; it authorizes a deviation from the route located by the charter, not exceeding the distance of one mile, if neces- sary. Sect. 10 requires the Company to keep in good repair all bridges, and in default thereof to be liable for damages. Sect. 1 1 empowers the Company to erect bridges across the Connecticut River, pro- vided they do not obstruct the navigation. Sect. 12 requires that the Directors make an annual report to the Secretary of State, and keep books open to the inspection of a committee of the Legislature ; in de- fault thereof being liable to a penalty. Sect. 13 provides that the State may, after twenty years, purchase the franchise and property of the Corporation, by paying the amoimt of the cost of the road, and such further sum as, with the net income, shall equal 8 per cent, per annum upon its cost, from the time of payment by subscribers to the time of purchase. Sect. 14 makes this Act subject to the laws of the State respecting corporations and railroads. Sect. 15 reserves to the Legislature the power to annul or repeal this Act. Laws of 1844, Chap. 112. An Act to incorporate the Fitchburg, Keene, and Connecticut River Railroad Com- pany. Sect. 1. Be it enacted, S^c. That George Huntington, John Elh- ott, Josiah Colony, Daniel W. Farrar, Robinson Perkins, Abel Bellows, and Nathaniel Tucker, and their associates, successors, and assigns, be, and they are hereby made, a body politic and corporate, under the name of the Fitchburg, Keene, and Connecti- 34* 402 FITCHBURG, KEENE, AND CONNECTICUT RIVER R. R. COMPANY. cut River Railroad Company; and by that name shall be, and hereby are made, capable in law, to sue and be sued to final judg- ment and execution, plead and be impleaded, defend and be defended, in any court of record, or in any other place whatso- ever, to make, have, and use a common seal — the same to break, renew, or alter at pleasure ; and shall be, and hereby are, vested with all the powers, privileges, and immunities, which are or may be necessary to carry into efi'ect the purposes and objects of this Act, as hereinafter set forth, and subject to all the liabilities incident to corporations of a similar nature. And for the better accommodation of the public travel and the more easy transporta- tion of all persons, goods, and merchandise, which may be offered for transportation on said railroad, the said company are hereby authorized and empowered to locate, construct, and finally to com- plete a railroad, beginning at any point on the south line of the State, in Fitzwilliam or Rindge ; thence passing through said towns, or either of them, and through Keene to the western boun- dary of the State, in Walpole or Charlestown, on such route as shall be deemed most expedient. And for this purpose, the said company are authorized to lay out their road, not exceeding six rods wide, through the whole length; and for the purpose of cuttings and embankments, may take as much more land, as may be necessary for the proper slope of the same in the construction of said road : Provided, however, that all damages that may be occasioned to any person or persons, corporation or corporations, by taking such land for the purposes aforesaid, shall be paid by said company in the manner hereinafter provided, prior to their enter- ing thereon, except for the purpose of surveying said route. Sect. 2. The capital stock of said company shall consist of eight thousand shares; and the immediate government and direc- tion of the affairs of said company shall be vested in seven direct- ors, who shall be chosen by the members of the company, and shall hold their offices until others shall be duly elected and quali- fied to take their places as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall also be president of the company, and shall have authority to choose a clerk, who shall be sworn to the faithful dis- charge of his duty, and who shall also be clerk of the company, unless the company shall elect some other person to that office ; a treasurer, who shall give bonds to the company, with sureties to NEW HAMPSHIRE. 403 the satisfaction of the directors, in a sum not less than twenty- thousand dollars, for the faithful discharge of his trust ; also all other such agents as shall from time to time be necessary. Sect. 3. That the president and directors for the time being are authorized and empowered, by themselves or their agents, to exer- cise all the powers herein granted to the company for the purpose of locating, constructing, and completing said railroad, and for [the] transporting and carrying of persons, goods, and merciiandise thereon ; and all such otlier powers and authority for the manage- ment of the affairs of the company, not heretofore granted, as may be necessary and proper to carry into effect the object of this grant ; and to purchase and hold in fee simple all such lands as may be necessary for the location and construction of said road, and the erection of suitable buildings therefor ; and to purchase materials, engines, cars, and other necessary things in the name of the company, for the use of said road, and for the transportation of persons, goods, and merchandise ; to make such equal assessments, from time to time, on all the shares in said company, as they may deem expedient and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the company ; and the treasurer shall give notice of such assess- ments ; and in case any subscriber for stock shall neglect to pay his assessments, for the space of sixty days after due notice by the treasurer of said company, the directors may order the treasurer to sell the share or shares of such delinquent subscriber at public auction, after due notice thereof, to the highest bidder, and the same shall be transferred to the purchaser ; and such delinquent sub- scriber shall be held accountable to the company for the balance, if his share or shares shall sell for less than the assessments due thereon, with interest and cost of sale, and shall be entitled to the overplus, if any there be ; Provided^ hoicever, that no assess- ment shall be laid upon any share in said company of a greater amount than one hundred dollars, in the whole, on each share. And if a greater amount of money shall be necessary to complete said road, it shall be raised by creating new shares, giving to the stock- holders in said company, the right to take stock, in proportion to the stock by them respectively owned in said company. Sect. 4. The said company shall have power to make, ordain, and establish all such by-laws, rules, regulations, and ordinances, as they shall deem expedient and necessary to accomplish the designs and purposes, and to carry into effect the provisions of this 404 FITCHBURG, KEEXE, AND CONNECTICUT RIVER R. R. COMPANY. Act, and for the well ordering, regulating, and securing, the inter- ests and affairs of the company ; provided the same be not repug- nant to the constitution and laws of this State. Sect. 5, That a toll be and is hereby granted and established for the use of said road, upon all passengers and property of every description, which may be conveyed or transported upon said road, at such rates per mile as may be agreed upon and established from time to time by the directors of said company. The transportation of persons and property, the construction of wheels, the form of cars and carriages, the weight of loads, the times and periods of starting, and rates of travel on the same, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations, and provisions, as the directors shall from time to time prescribe and direct, and as shall be necessary for the safety of the public travel over said road. Provided, that if, at the expiration of five years, from and after the opening of said road for use, the net income or receipts, from tolls and other profits, shall have amounted to more than eight per cent, per annum, upon the whole cost of the road from the time of the disbursements, the legislature of this State may take measures to alter and reduce the rates of toll and other profits, in such manner as to take off the overplus for the next five years, calculating the amount of trans- portation upon the road to be the same as the five preceding years ; and at the expiration of every five years the same proceedings may be had. Sect. 6. That the directors of said company for the time being, are hereby authorized to erect toll-houses and houses for the deposit of merchandise, establish gates, appoint toll-gatherers, and demand and receive toll upon the road when completed, and upon such parts thereof as shall from time to time be completed. Sect. 7. That the annual meeting of the members of said com- pany shall be holden at such time and place within the State, as the company by their by-laws, or the directors for the time being shall appoint, at which meeting seven directors shall be chosen by bahot ; and the three persons first named in this Act, or any two of them, are hereby authorized to call the first meeting of said company, by giving notice in some paper published at Keene, in this State. And the directors are hereby authorized to call special meetings of the stockholders, whenever they shall deem it expedi- ent and proper, giving such notice as the company, by their by- laws shall direct. NEW HAMPSHIRE. 405 Sect. 8. That if the said railroad in the course thereof shall intersect or cross any private way, the said company shall so con- struct said railroad, as not to obstruct the safe and convenient use of such private way: and if such railroad shall not be so con- structed, the party aggrieved shall be entitled to his action on the case, in any court proper to try the same, and shall recover his reasonable damages for such injury. Sect. 9. That if said company shall not have been organized, one fourth part of the stock subscribed, and the location of the route filed with the secretary of state, on or before the first day of June, 1846, permitting the said company, in the construction of said road, the right to construct the same on each or either side of the line so located and filed ; or shall not have laid out and expended the sum of six thousand dollars towards the completion of the same, previous to the first day of September, 1846 ; or shall fail to complete at least one fourth part of the same by the first day of December, 1848 ; in either of the above mentioned cases this Act shall be null and void, so far as the same shall not be com- pleted ; otherwise to remain in full force ; but notwithstanding the filing of said location, said corporation may deviate therefrom in the construction of said railroad, not exceeding the distance of one mile on either side of said location, provided such deviation be found necessary for avoiding impediments, or for the easier or bet- ter construction of said road. Sect. 10. That the said railroad company shall constantly main- tain in good repair, all bridges with their abutments and embank- ments which they may construct for the purpose of conducting said railroad over any turnpike, private or highway, or for con- ducting such turnpike, private or highway over said railroad, and in default thereof shall be liable in an action of the case, to respond in damages to any party aggrieved. Sect. 11. That the said company be, and they hereby are authorized and empowered to erect, for the sole use and exclusive accommodation of the travel on said railroad, if they shall deem it necessary, such bridge or bridges as may be required across the waters of the Connecticut River, or any of its branches ; provided said bridge or bridges shall be so constructed as not to obstruct, nor unnecessarily impede the navigation of said river. Sect. 12. That it shall be the duty of the directors of said com- pany, from year to year, on or before the second Wednesday of June, to make a report to the secretary of this State, of their acts 406 GREAT FALLS AND CONWAY RAILROAD. and doings, receipts and expenditures, under the provisions of this Act. And their books at all times shall be open to the inspection of any committee of the legislature appointed for that purpose. And if said company shall unreasonably neglect or refuse to make such report, at the expiration of every year, after the open- ing of said railroad, for every such neglect or refusal, they shall forfeit and pay to the use of the State a sum not exceeding five thousand dollars, to be recovered by action or indictment in any court of competent jurisdiction. Sect. 13. That this State, at any time during the charter of the Fitchburg, Keene, and Connecticut River Railroad Company, after the expiration of twenty years from the time of the completion of said road, may purchase the same of said company, and all the franchise, rights, and privileges of said company, by paying them therefor the amount expended in making said road ; and in case, at the time of such purchase, the said company shall not have received a net income equal to eight per cent, per annum, on the amount of such expenditure, from the time of the payment thereof by the stockholders, by paying said company such additional sum as together with the tolls and profits of every kind, which they shall have received from said railroad, will be equal to a net profit of eight per cent, per annum on the cost of said road, from the time of payment thereof by the stockholders, to the time of purchase. Sect. 14. And the said corporators are to take all the privileges and franchises herein granted, subject to the laws in relation to corporations and railroads as they now stand in the Revised Stat- utes of New Hampshire. Sect. 15. The legislature may at any time alter, amend, or repeal this Act, or any of its provisions. Approved, June 19, 1844. GREAT FALLS AND CONWAY RAILROAD. INCORPORATED IN NEW HAMPSHIRE IN 1844. Chapter 113 of the Laws of 1844 contains the Charter. Sect. 1 grants corporate powers, describes the route, authorizes the Company to build a road six rods wide, and take land and materials for its construction, being liable for land damages. NEW HAMPSHIRE. 407 Sect. 2 limits the capital stock to 10,000 shares, of $100 each, and vests the govern- ment of the Corporation in five Dii-ectors, Avho shall choose officers. Sect. 3 defines the powers and duties of the Directors, authorizing them to sell the shares of any subscriber who shall fail to pay assessments, and rendering him liable for any deficiency remaining after such sale, limiting assessments to $100 on each share, and providing that new shares may be made, if necessary, to be distributed among the original stockholders. Sect. 4 authorizes the Company to make by-laws, not repugnant to the laws of the State. Sect. 5 grants to the Corporation a toll for the transportation of passengers and freight ; providing that the Legislature may, after five years, reduce the rates of toll, if the net income shall have exceeded 8 per cent, per annum upon the cost of the road, so as to equal that sum for the succeeding five years, and thus pro- ceed at the expiration of every five years. Sect. 6 authorizes the Directors to erect toll-houses and collect toll. Sect. 7 provides that an annual meeting be holden, when five Directors shall be chosen, and establishes the manner of organizing the Company, authorizing special meetings to be called, when expedient and proper. Sect. 8 provides, that if the Company be not organized, three fourths of the stock subscribed for, and the location filed before June 1, 1846, $100,000 expended before September 1, 1847, this Act shall be null and void, and as to every part of the road not completed before June 1, 1850 ; it authorizes a deviation from the route described m the charter, if necessary, to the distance of one mile. Sect. 9 requires the Company to keep in good repair all bridges. Sect. 10 makes it the duty of the Directors to present an annual report to the Legis- lature, and keep books of account open to the inspection of their committee ; in default thereof being liable to a penalty. Sect. 11 provides that the State may, after fifteen years, purchase the franchise and property of the Corporation, by paying the amount of capital expended, and such further sum as, with the net income, shall equal 8 per cent, per annum thereon. Sect. 12 provides that nothing herein shall affect the rights of any existing raih-oad corporation, and that this Act may be amended or repealed by the Legislature. Chaptei- 291 of the Private Acts of 1845 contains an Act in addition to the foregoing. Sect. 1 provides that the Company may construct a railroad from Dover, on the Maine Railroad, or between Dover and Great Falls, thence through Rochester, on the original route. Sect. 2 repeals that part of the origiaal Act, requiring this Company to begin their road in Somersworth, near the depot of the Boston and Maine Railroad. Sect. 3 enacts that this Act shall take effect from its passage. Chapter 557 of the Private Acts of 1847 contains an Act in addition to the foregoing. Sect. 1 extends the time for expending $100,000, as limited in section 8 of the original Act, to September 1, 1850. Sect. 2 provides that this Act shall take effect from its passage. Chapter 776 of the Private Acts of 1848 contains an additional Act. Sect. 1 authorizes the Company to extend its railroad to the line of the State of 408 GREAT FALLS AND CONWAY RAILROAD. Maine, at some point in Somersworth, and there to unite with the Great Falls and South Berwick Branch Kailroad in Maine. Sect. 2 constitutes proprietors of stock in one Company, stockholders in the other Company, and unites the two Companies into one, under the name of the Ports- mouth, Great Falls, and Conway Ilailroad Company ; but if this Company, or said Company, when united, shall cross the track of the Cocheco Ilailroad, it shall be upon terms, if not agreed, to be prescribed by the Railroad Commissioners. Sect. 3 requires one of the Directors to reside in this State, on whom service of process against the Company may be legally made. Sect. 4 declares that part of the road lying in this State, to be subject to the laws thereof. Sect. 5 provides that this Act shall not take effect, until it, and an Act of Maine to the same effect, shall have been accepted by the stockholders of the two Com- panies, at a meeting called for that purpose. Sect. 6 reserves to the Legislature the right to amend or repeal this Act. Chapter 911 of the Private Acts of 1849 contains an Act in addition to the foregoing. Sect. 1 extends the time for completing said railroad to June 1, 1855. Sect. 2 repeals all Acts inconsistent with this Act. Sect. 3 provides that this Act shall take effect immediately. Laws of 1844, Chap. 113. An Act to incorporate the Proprietors of the Great Falls and Conway Eailroad. Sect. 1. Beit enacted, of the Private Acts of 1848 contains further provisions respecting said Railroad. Sect. 1 authorizes any Railroad Company, incorporated in this State, to loan to this Company not exceeding, -with other loans heretofore authorized, 10 per cent, of the capital stock of said Company making the loan, whose stock may be increased for that purpose, if necessary ; the rate of interest shall not exceed 10 per cent, and the loan of any Company shall not exceed $50,000 ; the road making the loan shall not divide more than 10 per cent, on the stock raised for that purpose, and the loan must first be approved by the Railroad Commissioners ; when such loan is refunded, if the Company's stock shall have been increased therefor, the amount thereof shall be considered as deducted from their capital stock, in determining the dividends. Sect. 2 provides that this Act shall take effect immediately. Laws of 1845, Chap. 286. An Act to incorporate the Portsmouth, New Market, and Concord Railroad Corpo- ration. Sect. 1. Be it enacted^ ^'c. That Richard Jenness, Alexander Ladd, Samnel Lord, John P. Lyman, Bradbury Bartlett, Joseph Cilley, Gardner Towle, Peter Sanborn, and George W. Ela, their associates, successors, and assigns, shall be and hereby are, made a body politic and corporate, by the name of the Portsmouth, New Market, and Concord Railroad, and by that name may sue and be sued, prosecute and be prosecuted to final judgment and execution, and are hereby vested with all the powers necessary and proper, to carry into effect the purposes and objects of this Act; 464 POKTSMOUTH, NEW MARKET, AND CONCORD RAILROAD. but shall hold no more land at any one time, exclusive of that within the limits of the road, and land purchased to procure stone? sand, and gravel, and for the use of depots, than shall be worth at the time of its purchase, five per cent, of the capital stock of the said railroad. Sect. 2. The said corporation is hereby authorized and em- powered to construct, and finally complete for public use, and keep in use a railroad from such point in Portsmouth, or on the Boston and Maine Railroad in Dover, Durham, New Market, or Exeter, as to them shall seem expedient and necessary, to Concord, or Man- chester, or to such point on the Concord Railroad, between said Manchester and Concord, as to them shall seem expedient and pro- per. And they are authorized and empowered to construct, for the use of said railroad, and for the transportation of such persons and such property only, as shall be carried on said road, a bridge or bridges across the Merrimac River; provided^ said bridge or bridges shall be so constructed as not unnecessarily to impede the naviga- tion of said river. And said corporation are required to keep said road, and bridge or bridges, in good repair, and provide suitable and proper engines and cars, for the conveyance of passengers and property over said road, and cause said cars to be run each way once a day, Sundays excepted, to accommodate the public travel and transportation, except when prevented by unavoidable acci- dents and contingencies. Sect. 3. The capital stock of said corporation shall consist of six thousand shares; and the immediate government and direction of the aff'airs thereof, shall be vested in seven directors, who shall be chosen by the members or stockholders, in the manner herein- after provided, and shall hold their offices until others shall be duly elected and qualified to take their places as directors. And the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall be president of the corporation, and they shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duties, and shall also be clerk of the corporation, unless they shall elect some other person to that office; and they also shall have authority to choose a treasurer, who shall give bonds to the corporation, with sureties to the satis- faction of the directors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust, and such other agents and servants as shall, from time to time, be necessary. NEAV HAMPSHIRE. 465 Sect, 4. A toll is hereby granted to the corporation for their benefit, on all passengers and property which may be conveyed on said railroad, at such rates as may be from time to time agreed on by the directors ; provided, that in any and every year, when their net receipts shall exceed the average of ten per cent, per annum, from the commencement of their operations, the excess shall be paid into the treasury of the State, until otherwise directed by the legislature. And the directors are hereby authorized to erect toll houses, and houses for the deposit of merchandise, and demand and receive toll upon the road when completed, and upon such parts thereof, as shall from time to time be completed. Sect. 5. The president and directors for the time being, are au- thorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the corporation, for the purpose of constructing and completing said railroad, and for the transportation of persons, goods, and merchandise thereon, and all such other powers and authority, for the management of the affairs of the corporation, not heretofore granted, as may be necessary and proper to carry into effect the objects of this grant, to purchase land, materials, engines, cars, and other necessary things in the name of the corporation, for their use or on the line of the road, and for the transportation of persons, goods, and merchandise, to make such equal assessments from time time, on all the shares in said cor- poration, as they may deem expedient and necessary, in the exe- cution and progress of the work, and direct the same to be paid to the treasurer of the corporation, and the treasurer shall give notice of such assessments. And if any subscriber shall neglect for sixty days after such notice, to pay his assessments, the directors may order the treasurer to sell his share or shares at public auction, due notice thereof being given, to the highest bidder, and the same shall be transferred to the purchaser, and such delinquent subscri- ber shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, with interest and cost of sale, and shall be entitled to the overplus if any there be ; provided, that no assessments shall be laid on any share, of a greater amount than one hundred dollars in the whole, on each share ; and if a greater amount of money shall be necessary, it shall be raised by creating new shares, giving the stockholders in the corporation the right to take said shares, in pro- portion to the shares by them respectively owned in said corpora- tion. 466 PORTSMOUTH, NEW MARKET, AND CONCORD RAILROAD. Sect. 6. If the said railroad in the course thereof, shall intersect or cross any private way, the said corporation shall so construct said railroad, as not to obstruct the safe and convenient use of such private way ; and if said railroad shall not be so constructed, the party aggrieved shall be entitled to his action on the case, and shall recover reasonable damages for such injury ; but no action shall be commenced after the expiration of two years from the obstruction aforesaid. And if the said railroad shall in the course thereof in- tersect or cross any canal, turnpike, railroad, or other highway, the said railroad shall be so constructed as not to impede or obstruct the safe and convenient use of such canal, turnpike, railroad, or other highway, and the corporation shall have the power to raise or lower any such turnpike, highway, or private way, so that the railroad, if necessary, may pass over or under the same ; and if said corpo- ration shall raise or lower any such turnpike, highway, or private way, and shall not so raise or lower the same as to be satisfactory to the proprietors of such turnpike, or to the selectmen of the town in which such highway, or private way may be situated, as the case may be, said proprietors or selectmen may require, in writing, of said corporation, such alteration or amendment as they may tiiink necessary, and if the required alteration or amendment be reason- able and proper, in the written opinion of the road commissioners for the county in which such alteration or amendment is proposed, and the said corporation shall unnecessarily and unreasonably neg- lect to make the same, such proprietors or selectmen, as the case may be, may proceed to make such alteration or amendment, and may institute and prosecute to final judgment and execution, any action on the case against said corporation, and shall therein recover reasonable damages for all charges, disbursements, labor, and ser- vices occasioned by making such alterations or amendments, with costs of suit. And whenever said railroad shall intersect or cross any highway, the board of road commissioners within the county, on notice given, and hearing had for that purpose, may direct that such place of crossing or intersection, shall be secured by a bridge over said road, or by the erection of gates on both sides of said road, should either, in their opinion, be essential to the pub- lic safety, and such powers shall be vested solely in the road com- missioners. And said corporation shall constantly maintain in good repair, all bridges, with their abutments and embankments, which they may construct for the purpose of conducting said railroad over any turnpike, private way, or highway, or for conducting such NEW HAMPSHIRE. 467 turnpike, private way, or highway, over said railroad, and in default thereof, shall be liable in an action on the case to respond in damages to any party aggrieved. Sect. 7. Unless one third of the capital stock above specified shall be subscribed for, and the corporation organized before the first day of December, in the year of our Lord one thousand eight hundred and forty-seven, and the sum of one hundred thousand dollars shall have been expended towards the construction of said railroad before the first day of December, in the year of our Lord one thousand eight hundred and forty-eight, this Act shall be null and void. And this Act shall be null and void, as to any and every portion of said railroad which shall not be completed and fit for use, on or before the first day of December, one thousand eight hundred and fifty. Sect. 8. The annual meeting of the members or stockholders of the corporation shall be held on the day prescribed by the by-laws, and at such place in this State as the directors, for the time being, shall appoint, or as the by-laws shall prescribe, at which meeting seven directors shall be chosen by ballot. The directors may call special meetings of the stockholders whenever they shall deem it expedient, giving such notice as the corporation by their by-laws shall direct. And any three of the persons named in this Act may call the first meeting of the corporation, by a notice published two weeks successively in the Portsmouth Journal and the New Hamp- shire Patriot, newspapers published in the State aforesaid, at which meeting associates may be admitted, by-laws adopted, and a presi- dent and clerk, and such other officers, and such agents and com- mittees may be chosen or appointed, as may be deemed necessary to carry into effect the objects of this Act, who shall hold their offices no longer than a board of directors shall be chosen. Sect. 9. The said corporation shall have the right to enter with their railroad, engines, and cars, upon the Concord Railroad, at any convenient point within the limits aforesaid, and also to enter with their railroad, engines, and cars, upon the Boston and Maine Rail- road, at any convenient point within the limits aforesaid, and to use said road, or either of them, or any part thereof, paying therefor such a rate of toll as the parties can agree upon ; and in case they cannot agree, then upon paying therefor such a rate of toll as may, upon application made to the superior court of judica- ture for this State, by either or any of the parties, in writing and upon due notice to the other party, by them be prescribed, and 468 PORTSMOUTH, NEW MARKET, AND CONCORD RAILROAD. complying with such rules and regulations as may be established by the said Concord Railroad, or Boston and Maine Railroad, for their respective roads, subject to the revision of the legislature ; and the said Concord Railroad, and Boston and Maine Railroad are hereby authorized to enter upon, and use the road hereby granted, or any part thereof, upon the same terms. Sect. 10. The said corporation hereby created, is hereby author- ized to unite with any railroad corporation that has been or may be created, for the purpose of constructing a railroad from some point on the Boston and Maine Railroad in Dover, Durham, New Market or Exeter, to Portsmouth; provided, the stockholders in the two corporations shall, at a meeting of their respective stock- holders, called for that purpose, by a vote passed by a majority of those present, agree to unite the two corporations and form one company between Portsmouth and Concord, or some point on the Concord Railroad as aforesaid ; and when the two corporations shall have united in the manner aforesaid, they shall form one corpora- tion, and be known and called the Portsmouth and Concord Rail- road, and the stockholders in one company shall become stock- holders in the other, and all the franchises, property, powers, and privileges, granted or acquired by virtue of their several acts of incorporation, shall be held and enjoyed by all the said stockhold- ers, in proportion to the amount of property held by them respect- ively ; and said corporations having thus united, shall choose a new set of officers to the number and in the manner prescribed in the Act creating the Portsmouth, New Market, and Exeter Railroad, at a meeting to be called by the clerk of the corporation last above named, as soon after the Act uniting the two corporations as may well be ; and until such choice, the officers of the two corporations shall continue to hold and act in their several offices, constituting, however, but one board for the transacting of all the business necessary to be done. Sect. 11. The expenses heretofore incurred in making surveys, and accomplishing other purposes in relation to said railroad, and suitable compensation for time expended, the claims being audited and allowed by the directors, shall constitute a valid charge against the corporation, and be allowed in discharge of assessments on shares. Sect. 12. The said corporation shall hold and enjoy the privi- leges and franchises herein granted, subject to the laws in relation to corporations and railroads in this State. NEW HAMPSHIRE. 469 Sect. 13. The legislature may alter, amend, or modify the pro- visions of this Act, or repeal the same, notice being given to the corporation and an opportunity to be heard. Sect. 14. This Act shall take effect upon the passage thereof. Approved, July 1, 1845. Eesolves of 1846, Chap. 368. Resolved^ iYc. That any railroad corporation holding a charter under this State, be, and they hereby are, authorized, at any meet- ing of the stockholders duly called for that purpose, to subscribe for the capital stock of the Portsmouth and Concord Railroad ; and the capital stock of such corporation proposing to make such sub- scription, may be increased for this purpose when the same may be necessary : Provided^ that such subscription shall in no case exceed ten per cent, of the capital stock, of any corporation proposing to make such subscription. App?'oi-ed, July 2, 1846. Laws of 1846, Chap. 451. An Act in addition to the Acts incorporating the Portsmouth and Concord Railroad. Be it enacted^ 6fc. That the Portsmouth and Concord Railroad be, and they hereby are, authorized to construct for public use, and keep in use, a railroad from the line of their road in Aliens- town, or Pembroke, to the Concord Railroad, in Hooksett ; with all the rights and powers heretofore granted to said corporation, and subject to all the duties and liabilities imposed upon said corpora- tion, by their Acts of incorporation. Approved. Jvly 10, 1&46. Laws of 1848, Chap. 665. An Act in addition to the Acts incorporating the Portsmouth and Concord Raihoad. Be it enacted, (Sf'c. That the Portsmouth and Concord Rail- road be and they are hereby authorized to construct a branch rail- road, and finish the same for use, from the line of their railroad in Raymond, Candia, or Hooksett, to any point in the city of Man- chester, and to create stock sufficient to construct and finish the same, not exceeding three hundred thousand dollars, with all tiie privileges, and subject to all the liabilities, contained in the Acts creating said railroad corporation. Approved, June 23, 1848. 40 470 PORTSMOUTH, NEW MARKET, AND EXETER RAILROAD. Laws op 1848, Chap. 778. An Act in addition to an Act authorizing Railroad Corporations to subscribe for stock in the Portsmouth and Concord Railroad, approved July 2, 1846. Sect. 1. Be it enacted, S^c. That any railroad corporation holding a charter under this State be, and hereby is authorized at any meeting of the stockholders duly called for that purpose, to loan to the Portsmouth and Concord Railroad, any sum or sums of money not exceeding in the whole, together with any stock sub- scribed for by the same corporation by virtue of the Act to which this is in addition, ten per cent, of the capital stock of the corpo- ration making the same ; and the capital stock of said corporation may when necessary be increased for that purpose : Provided, that no railroad shall receive over ten per cent, on money thus loaned to said Portsmouth and Concord Railroad ; and that no railroad shall loan to said Portsmouth and Concord Railroad over fifty thou- sand dollars : A7id provided further, That any road making such loan shall in no case divide or receive a sum exceeding ten per cent, on the capital stock raised for such purpose, and no such loan shall be made until the terms thereof shall have been submitted to the railroad commissioners and approved by them ; and whenever such loan shall be refunded to the corporation making the same, in case the capital stock of the corporation shall have been increased for the purpose of making said loan, the amount thereof shall be con- sidered as deducted from said capital stock, and shall not be reckoned or included as a part thereof in determining the divi- dends thereon. Sect. 2. This Act shall take effect from its passage. Approved, January 3, 1849. PORTSMOUTH, NEW MARKET, AND EXETER RAILROAD COMPANY. INCORPORATED IN NEW HAMPSHIRE IN 1845. Chapter 287 of the Private Acts of 1845 contai?is the Charter. Sect. 1 grants corporate powers, restricting the right to hold real estate, exclusive of that within the limits of the road and for its construction, to 5 per cent, on the capital stock. Sect. 2 describes the route ; authorizes theia to build, for their own use, a bridge NEW HAMPSHIRE. 471 over Great Bay, Exeter River, or Lamprey River, so as not to obstruct navigation ; and requires them to keep said road and bridges in repair, to provide suitable engines and cars, and to run them each way on said road at least once each day, Sundays excepted. Sect. 3 divides the capital stock into 2000 shares, vests the govnrnment in seven dii-ectors, and provides for the choice of officers. Sect. 4 grants a toll, provided they pay into the State treasury, each year, the excess of the net income of the road over 10 per cent, upon its cost. Sect. 5 defines the powers and duties of the officers ; and authorizes making equal assessments, not exceeding $100 on each share, a sale of shares for nonpayment thereof, after notice, and creating new shares, if necessary, to be distributed among the original stockholders. Sect. 6 establishes the mode of crossing any private way, highway, canal, or turnpike, giving any party aggrieved a right of action within two years from the time of the obstruction ; requires that they make alterations necessarj"- in the opinion of the County Commissioners, in crossing any highway or turnpike, at the request of the Selectmen of any town, or the proprietors of any turnpike, in neglect or refu- sal of which they shall be liable to damages ; and requires that they erect and maintain a bridge over, or gates on each side of, a highway, which they cross or intersect, and maintain all other bridges, in default thereof being liable for damages. Sect. 7 provides that, if one half of the capital stock be not subscribed for, the Cor- poration organized, and $50,000 expended on the construction of the road before December 1, 1849, this Act shall be void; and that it shall be void as to every part of the road not completed before December 31, 1850. Sect. 8 appoints the time of the annual meeting, when Directors shall be chosen ; provides that special meetings, if necessary, may be called, and directs the mode of organization. Sect. 9 authorizes this Company to enter upon and use the Boston and Maine Rail- road, paying therefor a reasonable compensation ; if they cannot agree upon the terms, application may be made, after due notice to the parties, to the Supe- rior Court to determine the same, and this Company must comply with the rules of said Company, and it may enter on this road on the same terms. Sect. 10 provides that this Corporation may unite with any other now existing, or hereafter to be created, for the pixrpose of constructing a railroad from some point on the Boston and Maine Railroad, to Concord, or to the Concord Railroad between Concord and Manchester, or to Manchester ; provided the two corporations, at a meeting called for that purpose, shall by vote so agree ; and they shall then form one corporation, under the name, of the Portsmouth, New Market, and Concord Railroad, the stockholders in one becoming stockliolders in the other ; and said united Corporation shall choose new officers, as prescribed in this Act. Sect. 11 enacts that expenses of survey and for other purposes relating to this road, being first audited, shall constitute a charge against the Corporation. Sect. 12 makes this Act subject to the general provisions respecting railroads and Corporations. Sect. 1 3 reserves to the Legislature the poAver to alter or repeal this Act. Sect. 14 provides that this Act shall take effect from its passage. 472 PORTSMOUTH, NEW MARKET, AND EXETER RAILROAD. Laws of 1S45, Chap. 287. An Act to incorporate the Portsmouth, New Market, and Exeter Kailroad. Sect. 1. Be it enacted, 'ever, for an appeal to the Supreme Court. Sect. 10 requires the Company to keep true books of accoimt. Sect. 1 1 affixes a penalty for damages done to the road, and defines the mode of recovering the same. Sect. 12 prescribes the manner of crossing any private way or highway, and of recovering damages therefor. Sect. 13 declares that the Legislature may authorize any road to enter upon this, by paying such rates of toll as it shall prescribe. Sect. 14 provides for the purchase, by the State, of the rights and franchise of the Company, after the expiration of fifty years. Sect, 15 gives to the Directors power to require payment of subscriptions to the capital stock, when they shall think jDroper. Sect. 16 gives to the Commissioners power to require payments, at the time of making subscriptions. Sect. 17 provides that this Act shall take effect from its passage. Sect. 18 requires the Clerk's office to be kept in this State, in some town on the line of the road. Sect. 19 authorizes this Company to malce contracts with any Company in New York, now or to be incorporated, for transportation of persons and property on this road ; also to lease or sell this road to, or unite with such Company. Sect. 20 authorizes this Company to unite with the Saratoga and Washington Rail- road Company, and to enter xipon the road of the Champlam and Connecticut River Railroad Company. Sect. 21 declares this Act to be a Public Act. Sect. 22 authorizes the Commissioners, in the event of an equal division of opinion upon any subject, to ajDpoint an additional member, and then a majority shall control. VERMONT. 845 Sect. 23 authorizes this Company to build a branch to the town of Poultney, or Castlcton, or Fairhaven. Sect. 24 provides for the transportation of the TJ. S. Mail. Sect. 25 appoints the mode of recei'sdng subscriptions to the capital stock. Sect. 26 requires the Company to take proper precautions on the approach of the engme and at the crossings, to prevent accidents, and makes them liable for damages. Sect. 27 makes this Company amenable to such general laws as may be passed respecting railroads, unless inconsistent with the express provisions of this Act. No. 60 of the Private Acts of 1849 contains an additional Act. Sect. 1 authorizes said Company to construct a branch as described. Sect. 2 empowers them to enter upon and use lands required therefor. Sect. 3 authorizes the capital stock to be increased. Sect. 4 provides, if Avithin three years they do not commence said branch, and within five years complete and put in operation the same, that this Act shall be void. Laws of 1847, No. 17. An Act to incorporate the Rutland and Washington Railroad Company. Sect. 1. It is hereby enacted^ ^'c. That such persons as shall hereafter become stockholders of said company, are constituted a body corporate, by the name of the Rutland and Washington Rail- road Company, for the purpose and with the right of building a railroad, with a single or double track, from some point in the town of Rutland, thence through the towns of Ira, Castleton, and Fair- haven, or Poultney, to some point in the west line of this State, in said town of Fairhaven or Poultney, most convenient for meeting and connecting with a railroad to be built by the Saratoga and Washington Railroad Company, in the State of New York ; to carry persons or property on said road, by the power of steam, or otherwise ; and by that name may sue and be sued, may have a seal, and shall have all the rights incident to corporations. Sect. 2. If said corporation shall not, within five years from the passage of this Act, build and put in operation the whole of said road, then the rights and powers granted by this Act shall cease for such parts of said road as shall not be completed, but shall be valid for such parts of said road as shall then be built and put in operation. Sect. 3, The capital stock of said corporation shall be three hun- 71* 846 RUTLAND AND WASHINGTON RAILROAD COMPANY. dred thousand dollars ; which may be increased to such an amount as may be necessary to complete said road, and furnish all neces- sary buildings, carriages, and all other needful appurtenances thereto; and said capital stock shall be divided into shares of one hundred dollars each, and shall be deemed personal property, and may be transferred in the manner which said corporation may, by their by-laws prescribe. Sect. 4. Robert Pierpoint, William Y. Ripley, James Adams, Aruuah W. Hyde, Benjamin F, Langdon, William C. Kittredge, Alanson Allen, Michael J. Myers, Alfred H. Griswold, Edgar L. Ormsbee, Solomon Foot, Zimri Howe, Merritt Clark, Horace Clark, Henry Stanley, Isaac W. Thompson, Moses Miller, and Charles W. Kellogg, shall be commissioners, who shall, within one year, open books for receiving subscriptions to the capital stock of said corporation, at some convenient place in Rutland, Castleton, Whitehall, Poultney, Granville, and Fort Ann, and at such other places as they shall deem proper, giving twenty days' notice thereof in all the newspapers printed in the county of Rutland, and in the town of Whitehall ; and shall call all meetings of said corporation necessary for the due organization of the same; and as soon as the capital stock, or one hundred thousand dollars of the same, shall be subscribed, the said commissioners shall call a meeting of the stockholders, giving twenty days' notice thereof, by publication as aforesaid, to choose seven directors : and said directors shall be chosen by sucli of the stockholders as shall attend in per- son or by proxy, each stockholder to have as many votes as he holds shares ; and said commissioners shall be inspectors of the first election of directors, and shall certify the names of those elected, and deliver the books of subscription to such directors; and the time and place of holding the first meeting of the directors shall be fixed by said commissioners ; a new election of directors shall be made annually, at such time and place as the board of directors shall appoint, giving twenty days' notice of said meeting, by a publication thereof in some newspaper printed in the county of Rutland ; said directors may appoint an engineer, and cause such examinations and surveys of said road to be made as they may deem necessary ; and said directors, after making such exam- inations and surveys, shall, by certificates under their hands and seals, designate the line or route on which said railroad shall be made; and they shall cause the same to be recorded in the several town clerks' offices in the towns through which said road shall pass; VERMONT. 847 and said company may make any alterations in the route of said road, from time to time, always causing the same to be recorded in the town clerk's office in the town where such alterations shall be made ; and the expense of such examination and survey, as well as all preliminary surveys now making or made, and all incidental expenses relating thereto, shall be paid by said company. Sect. 5. The directors, as soon as may be after their election, shall, annually, elect from their own number, a president and vice- president ; and in case of the death, resignation, or absence of the president, the vice-president shall preside until another president shall be chosen ; and in case of the death or resignation of any officer of the company, the directors may fill such vacancy until the next annual election. Sect. 6. Five directors shall form a board, who shall be com- petent to transact all the business of the company ; they may make such by-laws, rules, and regulations as they shall deem need- ful and proper, for the management and disposition of the stock, property, and effects of said company, the transfer of shares, the duties and conduct of their officers, the election of directors, and all other matters pertaining to the concerns of said compa- ny ; they may also appoint a clerk and treasurer, who shall give bonds for the faithful discharge of their duties, and as many ser- vants as they shall think best, and fix the salary of every officer and servant of said company. Sect. 7. Said corporation may, by their engineers and agents, enter upon the route so to be designated as aforesaid by said directors, as the line or route upon which to make said road, and take possession of and use all such land and real estate as may be necessary for the construction and maintenance of said road, and the accommodation requisite to the same; and may take and hold all grants and donations of land and real estate, that may be made to said company for the purpose herein granted : Provided^ that all lands and real estate thus entered upon, taken possession of, and used by said company, and not granted as above mentioned, shall be purchased by said company of the owner thereof; and in case of disagreement as to the price, the county court for the county of Rutland, upon application of either party, shall appoint three disinterested commissioners to determine the damages wliich the owner of the land or real estate so entered upon by said com- pany may have sustained, or shall be likely to sustain, by the occupation thereof, and said commissioners shall hear said claim 848 KUTLAXD AXD WASHINGTOX RAILROAD COMPAmT. for damages, giving the parties ten days' notice of the time and place of hearing, and shall deliver to the parties a written state- ment of their award in the premises, with a description of the land by them appraised ; and upon payment of such damages, with the costs and charges of such appraisal, the said commis- sioners being allowed three dollars per day each, by said com- pany, or upon depositing in either of the banks in said county of Rutland, the amount of such damages, costs, and charges, to the credit of the person to whom said commissioners have awarded the same, and giving such person notice thereof, said company shall be deemed to be seised and possessed of such land or real estate, so appraised by said commissioners. And in case the owner of any land or real estate, taken by said company, shall be a married woman, an infant, idiot, or insane, or shall reside out of this State, then said company shall cause such damages to be determined in the same manner above prescribed, and shall pay such damages to such last mentioned owners, whenever the same shall be law- fully demanded, with the interest thereon, which amount and interest shall be a specific lien on the real estate of said com- pany, and shall be preferred to any other demand against said company. Sect. 8. Should any company, or the owner of any land or real estate, feel aggrieved by the decision of said commissioners, either party may, within ninety days from the making of said decision and notice thereof, or from the removal of the disabilities men- tioned in section seven, or from the return of such non-resident to this State, appeal to the county court of said Rutland county, and the decision of said court shall be final thereon, and said court shall tax costs for or against either party, as shall be just and equitable. Sect. 9. Said company may take toll for their sole benefit, for all passengers and property transported on said road, at such rates per mile, as may, from time to time, be established by the board of directors; and all matters in relation to the construction of car- riages, and the transportation of passengers and property upon said road, shall be under the direction of said board of directors : Pro- vided, that the supreme court, at any stated session thereof in the county of Rutland, upon the application of ten freeholders in any town or towns through which said road may pass, may alter or establish the rates of toll upon said road, for any term not exceed- ing ten years, at any one time, and in such manner, that said VERMONT. 849 company shall not receive less than ten per cent, on the amount of capital stock, together with all charges and expenses of said com- pany. Sect. 10. The board of directors may erect toll-houses, and demand and receive toll upon said road, when finished ; and said company shall keep true accounts of all expenditures made in con- structing said Toad. and keeping the same in repair, and also of all moneys received for tolls, or from other sources of profit ; and the books of said company shall, at all times, be open to the inspection of any committee of the legislature, or of the supreme court ; and any such committee may examine any officer of said company, under oath, relative to the receipt and expenditures of said com- pany. Sect. 11. If any person shall wilfully, maliciously, or wantonly, obstruct the passage of any carriage on said road, or in any way injure or destroy said road, or any part thereof, or any thing belonging thereto, or any implement or material to be employed in the construction of said road, or for the use of the same, he. and every person aiding or abetting therein, shall forfeit and pay to said company, for every such offence, treble the amount of dama- ges, found by any justice, court, or jury, before whom trial shall be had ; and the person so offending, shall be liable to indictment, by the grand jury for said Rutland countyj and on conviction thereof; shall pay a fine not exceeding one hundred dollars, to the use of the State. Sect. 12. If said railroad shall cross any private way, the com- pany shall so construct the same, as not to obstruct the safe and convenient use of such private way : and if said railroad shall not be so constructed, the party aggrieved shall be entitled to his action on the case, in any court proper to try the same, and shall recover reasonable damages for such injury : and if said railroad shall cross any highway, it shall be so constructed as not to impede or obstruct the safe and convenient use of said high- way; and said company may raise or lower such highway or private way, so that said railroad may conveniently pass over or under the same ; and if said company shall raise or lower any highway or private way, and shall not do the same to the sat- isfaction of the selectmen of the town in which said highway or private way is situated, such selectmen may require, in writing, of said company, such alteration or amendment, as they may think necessary : and if the required amendment be reasonable 850 RUTLAND AND WASHINGTON RAILROAD COMPANY. and proper, and the said company shall unreasonably neglect to make the same, such selectmen may proceed to make such alter- ation or amendment, and may prosecute to final judgment and exe- cution, in any court proper to try the same, any action of the case against said company, and shall therein recover reasonable dam- ages, for all charges, payments, labor, and services, occasioned by making such alteration or amendment, with costs of suit ; and if said railroad shall cross any stream or watercourse, said company may construct their road upon or across the same : Provided, that said company shall restore said stream or watercourse to its former state, or in such manner as not to impair its usefulness. And the said com- pany shall maintain a sufficient fence on each side of said road, through its whole length. Provided, that nothing in this Act shall be so construed as to prevent the crossing of said road with teams or otherwise, in such manner as not to injure the said road. Sect. 13. The legislature may grant to any other railroad com- pany the right to enter with another railroad, at any point of said road granted by this Act, using the whole or a part of the same, paying for the right of so using the same, such rate of toll as the legislature may, from tinfie to time, prescribe, and complying with such regulations as may be established by said company under the provisions of this Act. Sect. 14. The State may, at any time, after the expiration of fifty years from the completion of said railroad, purchase the same of said company, with all the franchises, property, rights, and privileges of said company, by paying them therefor the amount expended in making said road, and keeping the same in repair, and all other expenses relating thereto; and if, at the time of such pur- chase, said company shall not have received an income equal to ten per cent, per annum on the original cost, over and above all expenses for repairs, and all other expenses relating thereto, the State shall pay said company such sum, as, with the tolls and profits of every kind, shall be equal to ten per cent, per annum on the cost of said road, from the date of the payment by the stock- holders to the time of such purchase. Sect. 15. The board of directors may require the payment of the sums subscribed to the capital stock, at such times and in such proportions, as they may think best, under the penalty of for- feiting all previous payments thereon, giving notice of the time and place of such payments, thirty days previous thereto, in some VERMONT. 851 newspaper printed in said Rutland county, and by letter, through the post office, to each stockholder. Sect. 16. The commissioners named in section four, may, at the time of subscription to the capital stock, require such portions of the stock to be paid in cash, as they may deem proper. Sect. 17. This Act shall take effect from its passage. Sect. 18. The office of the clerk of said company shall be kept in this State, and in some town on the line of said road. Sect. 19. The said corporation may contract with any other railroad company, which has been or may hereafter be created by the legislature of this State, or of the State of New York, whose road may enter upon, or be connected with, the road of this corpo- ration, to do and perform all the transportation of persons and property, upon and over said road or roads, upon such terms and conditions as may be mutually agreed upon by the parties. Said corporation may also lease or sell their road to any such railroad company, aforesaid, whose road shall enter upon or be connected with the road of this corporation ; or may consolidate their stock with the stock of any such railroad company as aforesaid, upon such terms and conditions as shall be mutually agreed upon by the respective parties : Provided, that the company to which the road of this corporation may be sold or leased, or with which the stock of this corporation may be consolidated, shall be subject to the provisions of this Act, so far as the pubhc rights respecting said road are concerned. Sect. 20. This corporation may unite with the Saratoga and Washington Railroad Company at the point of terminus of the road of said Saratoga and Washington Railroad Company, in the west line of this State, in either of said towns of Fairhaven or Poultney, as the case may be ; and may also enter upon the road of the Champlain and Connecticut River Railroad Company, at any convenient point in Rutland ; this corporation paying for the use of said road, or any part thereof, such toll or compensation as the respective parties may agree upon ; and, in case of their disa- greement, such toll or compensation as the legislature may pre- scribe ; and submitting to such rules and regulations of the com- pany owning such road, as to give no unreasonable advantage to one corporation over the other. Sect. 21. This Act shall be deemed and taken to be a public Act, and shall be construed favorably and beneficially for all the purposes for which it is intended. 852 RUTLAND AND WASHINGTON RAILROAD COMPANY. Sect. 22. In case the commissioners named in section four, of this Act, shall be equally divided, in designating the particular manner in which they will discharge the duties enjoined by this Act upon them, or if they shall be equally divided upon any ques- tion of duty or action properly within their powers, they may appoint one additional member of their board, and in such event, all matters of difference shall be decided by a majority of said board. And in case the number of shares subscribed for, shall exceed the number of three thousand, such excess shall be deducted from subscriptions for the greatest number of shares. Sect. 23. The said corporation may extend a branch or branches of their said road to the town of Poultney or to the towns of Cas- tleton, or Fairhaven, as shall be considered expedient, whenever and after the actual location of said road is finally determined upon. Sect. 24. Said corporation shall be required to transport upon their said road the United States' mail, by their regular trips; and in case of any disagreement between said corporation and the general government, touching the compensation for the same, it shall be the duty of the supreme court of this State, on application of either party, to define and establish the rates of compensation ; which rates shall be binding upon the parties, until altered by said court, upon similar application. Sect. 25. Books of subscription for the capital stock of said cor- poration, sliall be kept open, at least, ten days, by the commission- ers, named in section four; and if, at the expiration of ten days, from the time such books are opened, the sum of one hundred thousand dollars of such capital stock shall have been subscribed, said commissioners shall have power to close said books for the time being, and shall proceed to organize the said corporation agreeably to the provisions of this Act; and said books shall there- after, be re-opened by said commissioners, giving notice thereof agreeably to the provisions of this Act, until the whole of said capi- tal stock shall be subscribed for : Provided^ that in case the whole of such capital stock shall be subscribed for, at the expiration of the said ten days, said commissioners shall not be required to re- open said books. Sect. 26. Said corporation shall cause seasonable and proper notice to be given, of the approach of any locomotive engine, upon their road, to the place where said road crosses any turnpike, high- way, or private way, upon the same level with said road ; and VERMONT. 853 shall cause suitable signs to be placed across each highway or turnpike, when the same is crossed by said railroad, upon the same level therewith ; and said corporation shall be liable for any damages sustained by any person, by reason of the neglect of the provisions of this section, to be recovered in an action on the case, by the person sustaining such damage. Sect. 27, The said Rutland and Washington Railroad Company shall be subject to all the duties, liabilities, restrictions, and pro- visions which may, hereafter, be established by, or contained in, any general law of this State, applicable to, and respecting all rail- road corporations within the State, unless the same shall be incon- sistent with the express provisions of this Act. Approved, Novem- ber 13, 1847. Laws of 1849, No. 60. An Act, in addition to an Act incorporating the Rutland and Washington Raikoad Company. Sect. 1, It is hereby enacted^ ^'c. That the said company have power to construct a branch of their Railroad from some point on their line in the town of Castleton or Poultney, to terminate at the west line of the State, either in the town of Poultney, Wells, Paw- let, Rupert, or Sandgate; and if, for the purpose of convenient construction, said branch shall cross said line into the State of New York, upon its return said company shall have power to resume the course of said road within this State, to terminate as aforesaid. Sect. 2. Said company may enter upon, use, and occupy, any lands required for the branch depots or other buildings, with the same rights and powers, and subject to the same duties and respon- sibilities, as provided in said Act of incorporation, and such general laws as are applicable to all railroads. Sect. 3. The capital stock of said company may be increased, to an amount sufficient to complete said branch and furnish all car- riages and necessary apparatus for the convenient and profitable use of the same. Sect. 4. If said company shall not within three years commence the construction of said branch, and shall not within five years complete and put in operation the same, then this Act shall be void. Approved, November 12th, 1849, 72 854 UNION RAILROAD COMPANY. UNION RxilLROAD C03IPANT. INCORPORATED IN VERiMONT IN 1847. No. 18 of the Private Acts of 1847 contains the Charter. Sect. 1 describes the location of tlie route. Sect. 2 fixes the respective times of commencing and completing the road. Sect. 3 limits the capital stock to $500,000, in shares of $100 each, with power to increase it. Sect. 4 appoints Commissioners to receive subscriptions to the capital stock, and organize the Company. Sect, o prescribes the mode of electing the President. Sect. 6 authorizes the election of Directors at another time, if not elected as before provided. Sect. 7 defines the powers and duties of the officers, authorizes the Company to take land for the purposes of the road, establishes the manner of estimating land damages, and provides for the appointment of Commissioners for that purpose. Sect. 8 settles the form of appeal from the decision of said Commissioners. Sect. 9 gives to the Company power to build one or more tracks, regulate the mode of transportation, and erect toll-houses and other buildings. Sect. 10 prescribes the manner of crossing any private "way, highway, canal, or turnpike, and of recovering damages therefor. Sect. 11 empowers the Company to fijx the rates of toll, providing, however, for an appeal to the Supreme Court. Sect. 12 affixes a penalty for damages done to said road, and defines the mode of recovering the same. Sect. 13 gives to the Directors power to require payment of subscriptions to the capital stock, when they shall think proper. Sect. 14 reqtiires the Clerk's office to be kept in this State, in some town through which the railroad may pass. Sect. 15 gives them power to change the location, if rendered necessary from freshets, they complying with the provisions of this Act. Sect. 16 authorizes the Company to enter upon land contiguous to the route, for the purpose of procuring materials for building the road. Sect. 17 appoints the time of making the annual report. Sect. 18 provides for the purchase by this State, of the rights and franchise of the Company, after the expiration of fifty years. Sect. 19 compels the Company to publicly post their rates of toll. Sect. 20 directs this Act to be construed as a Public Act. Sect. 21 provides for the transportation of the U. S. Mail. VERMONT. 855 Laws of 1847, No. 18. An Act to incorporate the Union Railroad Company. Sect. 1. It is hereby enacted^ i^c. That such persons as shall hereafter become stockholders of said company, are hereby consti- tuted a body corporate, by the name of the Union Railroad Com- pany, for the purpose, and with the right of building a railroad, with a single or double track, from some point m the village of Montpelier, thence through the town of Barre, to some point in the town of Bradford, as said company may designate; also through the said town of Barre, thence through the Gulf, so called, in Williamstown, to some point in the town of Royalton, as said com- pany may designate, or either of said routes, at the election of said, company ; and by that name they and their successors may con- struct and build a railroad, with a single or double track, and may transport and carry persons and property upon the same, by the power of steam or otherwise, as said company may direct ; and by their corporate name may sue and be sued, have a common seal, and may have the rights and privileges incident to corporations, for the purpose aforesaid. Sect. 2. If said company shall not, within five years, complete the survey of said road, and within ten years from the passage of this Act construct and put in operation one-sixth part of said road, and within tv/elve years from the passage of this Act, construct and put in operation one-half of said road, and shall not within fifteen years from the passage of this Act, construct, finish, and put in operation, the whole of said road, then the rights and powers granted by this Act shall cease, for such parts of said road as shall not be completed within the several periods aforesaid, but shall be valid for such parts of said road as shall be completed within the said periods respectively. Sect. 3. The capital stock of said company shall be five hun- dred thousand dollars, which shall be divided into shares of one hundred dollars each, and said company may increase said capital to such amount as shall be necessary to complete said road, and to furnish carriages and all other appurtenances for the convenient use of said road ; and such additional capital shall also be divided into shares of one hundred dollars each. The shares in said corporation shall be deemed personal property, and may be transferred in such 856 UNION RAILROAD COMPANY. manner as said company shall, by their laws, direct; and when any share or shares shall be attached on any process, the officer serving the same shall leave, with the clerk of said company, an attested copy of such process, with his return thereon ; and such share or shares may be taken and sold on execution in the same manner as other personal estate, the purchaser causing an attested copy of said execution, with the officer's return thereon, to be left with the clerk of said company, within twenty days after such sale, and paying for recording the same, which shall pass to the purchaser all the right of the stockholder, for whose debt the same was sold, in such share or shares. When any officer, duly autho- rized, shall appear at the office of the clerk of said company, for the purpose of attaching any share or shares, or for the purpose of levying execution thereon, the clerk shall produce to such officer the books of said company, so far as to enable such officer to ascer- tain the number of shares owned by the debtor, and shall give such officer a certificate, in his official capacity, of the number of shares owned by such debtor, with the dividends due thereon, and all liens of said company on such share or shares. Sect. 4. Thomas Reed, Charles Clark, George W, Coliamer, Webber Tilden, Darius Pride, Carlos Carpenter, and Asa Low, shall be commissioners, who shall within two years, at some suita- ble places in Montpelier and Bradford, and at such other places as they may deem proper, open books for subscriptions to the capi- tal stock of said company; and said commissioners shall give at least ten days' notice of the time and places of opening said books, by publishing the same in one or more of the newspapers printed in such places as they shall think proper; and any two of the commissioners shall constitute a board for receiving subscriptions; and every person, at the time of subscribing, shall pay to said commissioners, five dollars on each share for which he may sub- scribe, and each subscriber shall be a member of said company ; and when five hundred shares shall have been subscribed, or as soon thereafter as the commissioners shall think proper, said com- missioners may give a like notice for a meeting of the stockholders, at such time and place as said commissioners shall appoint, to choose seven directors ; and such election shall then be made by the stockholders who shall attend for that purpose, either in person or by proxy, each share of said stock entitling the stockholder to one vote; and said commissioners shall be inspectors of the first elec- tion of directors, and shall certify the names of those duly elected. VERMONT. 857 and deliver to such directors the books of subscription, and all sums of money deposited with them on all shares subscribed as aforesaid ; and the time and place for the first meeting of such directors shall be fixed by said commissioners ; a new election of directors shall be made annually, at such time and place as the board of directors shall appoint, by giving thirty days' notice thereof, by publication in the newspapers printed at Montpelier, and such other newspapers as they may deem proper. Said directors may appoint an engineer or engineers, and cause such examinations and surveys to be made, as may be necessary to enable them to determine upon the best line or route for said road between the places of termination before mentioned ; and said directors, or a major part of them, after such examinations and surveys shall be made, by certificates under their hands and seals, shall designate the line or route which they shall deem most advantageous for said road, through each town, which certificate shall be recorded in the oflice of the town clerk of each town through which said road shall pass ; which line or route so designated and certified, shall be the line or route on which said company shall construct and make their single or double track, as hereinafter mentioned; and the expenses of such examinations and surveys, and all other expenses relating thereto, shall be paid by said company. Sect. 5. The directors chosen at the meeting aforesaid, or at the annual election, as soon as may be after every election, shall choose out of their number a president, who shall preside at all meetings of the board of directors, and of the stockholders ; and in case of the death or resignation of the president or any director, such vacancy may be fiUed for the remainder of the year, by the board of directors ; and in case of the absence of the president, the board of directors may appoint one of their number president pro tempore, who shall exercise such powers as the by-laws of said company shall prescribe. Sect. 6. In case an election of directors should not be made on any day, as provided by this Act, said company shall not thereby be dissolved, but such election may be made at any other time directed by the by-laws of said company. Sect. 7. Four directors shall constitute a board, who shall be competent to transact all the business of said company ; and the said directors may make and prescribe such by-laws and regula- tions as shall be necessary for the management of the capital stock, and all other property of said company, the transfer of shares, the 72* 858 UNION RAILROAD COMPANY. duties of the officers and servants of said company, the elec- tion of directors, and all other matters relating to the business of said company ; they may also appoint a clerk or secretary, and treasurer, and fix their salaries, and the salary of the president ; said corporation, may by their officers or servants, enter upon said line or route, so to be designated as aforesaid for said road, to lay out said road, not exceeding six rods in width through the whole length of said line or route ; and said company may enter upon, take possession of, and use, all such lands and real estate as may be necessary for the construction of said road and the accommo- dations requisite and appertaining to the same ; and may take and hold all such grants and donations of land and real estate as may be made to said company, to aid in the construction, maintenance, and accommodation of said road : Provided, that all lands or other real estate thus entered upon and used by said company, which have not been granted or given to said company, shall be pur- chased by said company from the owners of the same ; and in case of a disagreement about the price of such lands, and before the making of any portion of the road thereon, any two of the judges of the supreme court, upon application for that purpose by the com- pany, shall appoint three disinterested commissioners, to determine the damages which the owner or owners of such real estate may have sustained, or shall be likely to sustain, by the occupation of the same for the purposes aforesaid ; and upon the payment of the damages, determined upon by said commissioners, with the costs and charges thereon accruing, by said company, or upon said company's depositing in such bank as said commissioners shall direct, the amount of such damages with the costs and charges aforesaid, to the credit of the person or persons to whom such damages and costs have been awarded by the commissioners, such bank giving notice, personally, or by letter through the post-office, to such person or persons, that such deposit has been made by said company, said company shall be deemed to be seised and possessed of all such lands or real estate as shall have been appraised by said commissioners. Said commissioners shall give three days' notice to the owners or occupants of the land to be appraised, of the time and place at which they will attend to such appraisal ; and when such appraisal is made, they shall deliver to said company a written statement of the same, with a description of the land or real estate appraised, which, within sixty days thereafter, said company shall cause to be recorded in the town clerk's office of VERMONT. 859 the town where such land or real estate is situated ; and in case the owner of lands or real estate taken by said company, shall be a married woman, an infant, idiot, or insane, or shall not reside in this State, then said company shall cause the damages sustained by such owners, to be determined in the manner above prescribed, and shall pay the same to the owners last above mentioned, when the same shall be lawfully demanded, with the interest thereon at the rate of six per centum per annum ; which said damages, and the interest thereon, shall be a specific lien upon the real estate of said company, and shall be preferred before any other demand against said company; but no application shall be made to said commissioners to determine damages which may be sustained, unless made within three years from the time of taking said land. Sect. 8. Should the company, or the owner of any land or mate- rials, feel aggrieved by the decision of the commissioners, either party may within ninety days after the making of such decision, or from the removal of the disabilities mentioned in the preceding section, or from the return of such non-resident, appeal to the county court, in the county where such land or other real estate lies ; and the decision of such court shall be final, and said court shall tax costs for either party, as shall be just and equitable. Sect. 9. Said company may construct and use one or more tracks of proper width, as they shall determine, on the route designated by the directors as aforesaid, and may regulate the time and manner in which passengers and property shall be trans- ported on the same, and may erect and maintain toll-houses and other buildings for their accommodation, as they may deem suit- able. Sect. 10. If said railroad shall cross any private way, said corpo- ration shall so construct the same as not to obstruct the safe and convenient use of said private way; and if said road shall not be so constructed, the party aggrieved may have an action on the case in a court proper to try the same, and recover reasonable damages for such injury; and if said road shall cross any canal, highway, or turnpike, the same shall be so constructed as not to impede or obstruct the safe and convenient use of such canal, highway, or turnpike, and such corporation may raise or make lower such turnpike, highway, or private way, so that said road may pass over or under the same. And if said corporation shall raise or make lower any such turnpike, highway, or private way, and shall not do the same so as to be satisfactory to proprietors 860 UNION RAILROAD COMPANY. of said turnpike, or to the selectmen of the town in which such high- way or private way is situated, said proprietors or selectmen may require in writing of said corporation such alteration or amendment as they may think necessary ; and if the required alteration be reasonable and proper, and said corporation shall unnecessarily neglect to make the same, such proprietors or selectmen may recover all damages resulting, or likely to result, from such neglect, in an action on the case against said corporation, with costs of suit ; and if said road shall intersect or cross any stream of water, or watercourse, said corporation may construct their road across the same : Pi'ovided^ they restore such stream or watercourse to its former state, or in such a manner as not to impair its useful- ness ; and said corporation shall build and maintain a sufficient fence upon each side of their said road, through its whole route ; and nothing in this Act contained shall be so construed as to pre- vent the crossing of said road, by teams or otherwise, in a manner not calculated to injure the same. Sect. 11. Said company may from time to time, fix, regulate, and receive, toll and charges for the transportation of passengers and property upon said road : Provided^ that the supreme court, at any stated session, held in the county of Washington, on the application of any ten freeholders, in any town or towns through which said road may pass, may alter or establish the rate of toll upon said road, for a term of time not exceeding ten years at any one time, iu snch a manner that said company shall not receive less than twelve per centum per annum, on the capital stock, over and above all charges and expenses of said company. Sect. 12. If any person shall wilfully do, or cause to be done, any act whereby any building, engine, machine- work, or any thing appertaining to said road shall be injured, obstructed, stopped, or destroyed, such person shall forfeit and pay to said company double the amount of damages sustained by means of said oflence, to be recovered in the name of said company, with costs, by an action of debt, and shall also be liable to indictment by the grand jury of the county where said offence shall have been committed, and be punished as for a misdemeanor. Sect. 13. The directors of said company may require payment of the sums subscribed to the capital stock, in such proportions, and at such times, as they shall deem best, not exceeding ten dol- lars at any one time, and one hundred dollars upon any one share, under the penalty of forfeiture of all previous payments thereon. VERMONT. 861 and when said directors shall require the payment of any portion of the capital stock of said compan}", they shall give at least thirty days' notice of the time and place of such payment, by publishing the same in such newspapers, printed at Montpelier and at such other places, as they may deem proper. Sect. 14. The office of clerk or secretary of said company, shall be kept in this State, in some town through which said road shall pass. Sect. 15. If the directors of said company shall, at any time, deem it expedient to change the location of said road, by reason of damages sustained by freshets, or for any other cause, they may change the location of such parts of said road as they shall deem proper, always complying with the provisions of this Act in relation to the examinations, surveys, and designation, of the line or route, and construction of said road. Sect. 16. Said company may, by their engineers, agents, or work- men, with such teams, and carriages, and tools, as they may find convenient, enter upon any lands contiguous to said road, or the works connected therewith, to dig, blast, carry away, and use, such stone, gravel, earth, and other materials as may be necessary for building or repairing said road, doing as little damage as the nature of the case will permit ; and in case any damage shall be claimed by the owner of the land thus entered upon, and for the stone, gravel, and other materials carried away as aforesaid, and the owner and said company do not agree upon the sum to be paid therefor, the same shall be assessed by commissioners in the manner before prescribed in this Act, and all persons aggrieved by any decision of said commissioners, shall have the right to appeal as hereinbefore provided. Sect. 17. The directors of said company shall, annually, on or before the third Thursday of October, make a report to the legis- lature of their proceedings, receipts, and expenditures, and their books shall at all times be open to tlie inspection of a committee of the legislature, appointed for that purpose. Sect. IS. The legislature may, at any time during the continu- ance of this Act, after the expiration of fifty years from the open- ing for use of said road, purchase of said corporation the said road, and all the rights, privileges, and property thereof, by paying therefor the amount expended in making the same, the expenses of repairs, and all otiier expenses relating thereto ; and in case, at the purchase, said corporation shall not have received an income 862 SOUTHERN VERMONT RAILROAD COMPANY. equal to ten per centum per annum on the original cost, over and above the charges and expenses relating thereto, the legislature shall pay said corporation such additional sum as, together with the tolls and profits of every kind received from said road, will be equal to ten per centum per annum, on the cost of said road, from the date of the payment thereof, by the stockholders of said corpo- ration, to the time of such purchase. Sect. 19. Said company shall keep exposed to view, at all places where they shall receive passengers or freight, a sign with the rates of toll legibly written or printed thereon. Sect. 20. This Act shall be taken and deemed, to be a public Act, and shall be construed favorably and beneficially for all the purposes for which the same is enacted. Sect. 21. The supreme court shall, on application for that pur- pose, fix the price for which the United States' mail shall be trans- ported to and from any different points on said road, which shall continue to be the price for which said company shall transport said mail, until the same shall be diminished or increased by said court, which they are hereby authorized to do on application for that purpose. Approved, October 25, 1847. SOUTHERN \^RiIONT RAILROAD COMPANY. INCORPORATED IN VERMONT IN 1848. No. 2 of the Private Acts of 1848 contains the Charter. Sect. 1 grants corpor.ate powers, with the right to construct a railroad on the route described, and to transport persons and property thereon. Sect. 2 provides, if within two years they do not commence the construction of said road, and witliin five years complete and put in operation said road, that tlais Act shall be void. Sect. 3 fixes the capital stock at $200,000, which may be increased, to be divided into shares of $100 each. Sect. 4 appoints Commissioners, who shall, within one year, open books for receiv- ing subscriptions to the stock ; when 500 shares are subscribed, they shall call a meeting of stockholders for choice of Directors, shall preside at their election, and decide who are chosen ; the Directors shall elect a President and Vice-President, who shall be chosen annually ; they may cause surveys to be made, and shall locate the route of the road. Sect. 5 authorizes the Vice-President to preside at meetings, in the absence of the President. VERMONT. 863 Sect. 6 provides, if an election of Dii-ectors be not hold on the day appointed, that it may be subsequently held as provided in the by-laws. Sect. 7 defines the powers and duties of the Directors ; it empowers the Corpora- tion, by its agents, to enter upon and use lands necessary for the road, first paying therefor damages, if not agreed, to be assessed as therein provided. Sect. 8 gives to either party the right of appeal from such assessment, ■within ninety days, to the County Court, whose decision shall be final. Sect. 9 provides that the Company may build one or two tracks. Sect. 10 grants to the Corporation a toll for transportation on said road, the rates being subject to revision by the Supreme Court. Sect. 11 authorizes the Directors to erect toll-houses and demand tolls ; and re- quires, them to keep true accounts of receipts and expenditures. Sect. 12 requires the Company publicly to exhibit the rates of toll. Sect. 13 provides, if any person wilfully injure said railroad or appurtenances, that he shall forfeit to the Company the damages assessed, and shall be liable to indictment. Sect. 14 requires said Company so to construct their road, where it crosses or inter- sects any private way, highway, or watercourse, as not to obstruct the same ; being Uable for damages to be assessed as before provided. Sect. 15 reserves to the Legislature the right, after fifty years from the completion of the road, to purchase the franchise and property of the Company, by paying its cost, and such further sum as, -oith the net profits, shall equal ten per cent, per annum interest thereon. Sect. 16 authorizes the Directors to prescribe the time and amount of payments to be made on the stock, under penalty of forfeiture of previous payments. Sect. 17 provides that the Commissioners may direct what amount shall be paid on each share, at the time of subscribing ; and, if more than $200,000 are subscribed, shall apportion the stock. Sect. 18 requires the Clerk's office to be kept in this State. Sect. 19 provides that persons becoming stockholders in any road having the right to enter iipon this road, shall be stockholders in this Company, and the Corpora- tions shall be united, under the name of the Southern Vermont, Massachusetts, and New York, Railroad Company, with a capital not larger that the joint capital, and having all their rights and privileges. Sect. 20 provides, that after such union they shall be one Corporation, one officer residing in each State, and the Company being amenable to process of law in either State. Sect. 21 prescribes the mode of serving process. Sect. 22 requires said united Corporation to keep an account of the expenditures, showing the proportion in each State, and that three Commissioners shall be appointed to apportion the same and the receipts ; their books shall be kept open for inspection. Sect. 23 makes that part of the road which lies in Vermont, subject to its laws. Sect. 24 provides that the four preceding Sections shall not take effect, until enacted in Massachusetts and New York, and accepted by the stockholders at a meeting called for that purpose. Sect. 25 declares this Act to be a Public Act, to be construed liberally. Sect. 26 requires the Directors to report annually to the Legislature. Sect. 27 requires said Corporations to transport the U. S. Mail, for a compensation, if not agreed, to be determined by the Supreme Court. 864 SOUTHERN VERMONT RAILROAD COMPANY. Sect. 28 requires the Company to keep the road in good repair, and provide suitable carriages for transportation, and to transport all articles offered, having a lien upon them for the tolls due. Sect. 29 reserves to the State the right to authorize another Company to enter with their road upon this, by paying the tolls prescribed, and complying with the Com- pany's regulations. No, 59 of the Private Acts of 1849 contains a?i Additional Act. It continues said Act in force for one year from the time specified therein. Laws of 1848, Xo. 2. An Act to incorporate the Southern Vermont Railroad Company. Sect. 1. It is hereby enacted, ^"c. That such persons as shall hereafter become stockholders, are constituted a body corporate, by the name of the Southern Vermont Railroad Company, for the purpose and with the right of building a railroad, with a single or double track, from some point on the southern line of the State, in the county of Bennington or Windham, to some point in the western line of the State, in the county of Bennington, to transport and carry persons and property, on the same, by the power of steam or otherwise, and by that name may sue and be sued, may have a seal, and shall have all the rights incident to corporations. Sect. 2. If the said corporation shall not within two years com- mence the construction of the road, and shall not within five years complete and put in operation said road, then said company shall be dissolved, and this Act be void. Sect. 3. The capital stock of said company shall be two hun- dred thousand dollars, which may be increased to an amount suffi- cient to complete said road and furnish all necessary apparatus for conveyance, which shall be divided into shares of one hundred dollars each, and shall be deemed personal property, and trans- ferable in such manner as such corporation shall, by their by-laws, direct. Sect. 4. John M. Potter, B. E. Brownell, A. B. Gardner, John S. Robinson, Benjamin F. Morgan, J. N. Carpenter, James P. Gadfrey, Heman Swift, Lyman Patchin, S. H. Blackmer, and Pierpoint Ishman, shall be commissioners, whose duty it shall be, within one year, to open books for receiving subscriptions to the VERMONT. 865 capital stock of said company, at some convenient place in Pow- nal and Bennington, and such other places as said commissioners shall direct ; and thirty days' notice shall be given by said com- missioners, of the time and place of opening said books, by pub- lishing the same in some public newspaper printed in the county of Bennington ; and as soon as five hundred shares of said stock shall be subscribed, shall give notice in like manner for a meet- ing of the stockholders, at such time and place as they shall order, for the election of nine directors. And such election shall then and there be made, by such of the stockholders as shall be present, either in person or by proxy, each proprietor being entitled to as many votes as he holds shares. And the commission- ers shall be inspectors of said election, and shall certify the names of those duly elected, and shall deliver over to said directors the subscription books and other papers. x\nd said directors shall then proceed to elect from their number a president and vice-president, and so at all subsequent elections of directors. And the time and place of holding the first meeting of the directors, shall be fixed by the commissioners ; and a new election shall be made annually, at such time and place as the directors shall appoint, giving twenty days' notice of the same, by publication in a newspaper printed in the county aforesaid, and in such other papers as they may deem proper. And said directors may cause such examinations and sur- veys of said road, or any part thereof, to be made, as they shall deem necessary. And when said road, or any part thereof, shall be surveyed, the directors shall certify the same under their hands and seals, and cause certificates to be recorded in each town through which such road is laid, of that portion of the road lying within said town ; which road, so surveyed and certified, shall be deemed the line upon which said road is to be constructed, as here- inafter mentioned. And the corporation may make such altera- tions, from time to time, in the course of said road, as they shall deem expedient, causing a certificate of the same to be recorded in the ofllce of the town clerk of the town in which such altera- tion is made; the expenses of such surveys, and all incidental expenses relating thereto, shall be paid by said corporation. Sect. 5. The vice-president shall preside at all meetings of the directors, in case of the absence or resignation of the president, and may exercise such powers and functions as the corporation shall by their by-laws provide. Sect. 6. If it should happen, at any time, that an election of 73 866 SOUTHERN VERMONT RAILROAD COMPANY. directors should not be made on the day it ought to have been, pursuant to this Act, said corporation shall not for that cause be dissolved, but the election may be held at any other time provided for by their by-laws. Sect. 7. The directors, or such portion of them as their by- laws direct, shall form a board, who shall be competent to transact all the business of said corporation, and shall have power to make and prescribe by-laws and regulations, for the proper management and disposition of the stock, property, and effects of said corporation, the transfer of shares, conduct of their officers, election of directors, and all other matters appertaining to said corporation ; and shall have power to appoint a clerk and treasurer, who shall give bonds to said corporation, with sureties to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful discharge of his trust ; and to establish such salaries for the officers of said corporation as they deem proper. And said corporation are hereby authorized, by their agents, surveyors, and engineers, to enter upon said route, designated as aforesaid; and it shall be lawful for said corpo- ration to enter upon, and take possession of all such lands and real estate, as is necessary for the construction and maintenance of their railroad and the requisite accommodations appertain- ing thereto ; and may enter upon any lands in the vicinity of said railroad, for the purpose of procuring earth, sand, gravel, or stone, for the construction and repairs of said railroad ; and may receive, hold, and take, all voluntary grants and donations of real estate that shall be made to said corporation for the benefit of said company. All lands thus entered upon and used by said corporation, which are not gifts or donations, shall be purchased by said corporation, of the owner or owners of the same; and in case the parties disagree upon the price of said lands, and before making any portion of said road upon such lands, it shall be the duty of the judges of the county court of the county in which such lands lie, to appoint three disinterested commissioners, who shall determine the damages which the owner or owners of said lands so entered upon may have sustained, or shall be likely to sus- tain, by the occupation of the same ; and upon the payment of such damages, with the expenses attending the appraisement, the said commissioners being allowed two dollars each, per day, while thus employed ; or upon said corporation depositing in any bank, in any county through which said road passes, to the credit of VERMONT. 867 the person or persons to whom an award may have been made the amount of said damages, with the expenses aforesaid, the proper officers of said bank giving notice to such person or persons, by letter, of such deposit ; then said corporation shall be deemed to be seised and possessed of such lands so appraised by said commissioners. And it shall be the duty of said commissioners to give at least ten days' notice of the time and place of such appraise- ment, to the owners or occupants of the lands to be appraised ; and after the appraisal, shall, as soon as may be, deliver to said corporation a written statement of the awards by them made, with a description of the lands appraised, which shall, within sixty days, be recorded in the office of the town clerk of the town in which said lands lie ; and in case any owner or owners of lands taken by said company shall be married women, infants, idiots, or insane, or shall reside without this State, in such case, said corporation shall cause the damages to be ascertained in the manner above prescribed, and shall pay the amount of said last mentioned dam- ages, to the owners, respectively, whenever the same shall be law- fully demanded, with the interest at the rate of six per cent, per annum ; which amount and interest shall be a specific lien on the real estate of said corporation, and shall have a preference to any other demand against said corporation. Sect. 8. Should such corporation, or the owner of any lands, feel themselves aggrieved by the decision of the commissioners afore- said, either party may, within ninety days from the making said decision and notice thereof, or from the removal of the disabilities in the preceding section mentioned, or from the return of such non-resident, appeal to the county court in the county in which said lands or other property lie; and the decision of said court shall be final; and said court shall tax costs for or against either party, as they shall judge equitable. Sect. 9. Said company may build and use a double or single track upon said road, as shall be determined by said company. Sect. 10. Toll is granted for the benefit of said corporation, upon all passengers and property which may be conveyed or trans- ported upon said road, at such rate per mile as may be established from time to time by the directors : Provided, the supreme court, at any stated session thereof, held in the county of Bennington, on application of ten freeholders in any town through which the said road passes, may alter or establish the rate of toll upon said road for a term of time not exceeding ten years, at any one time. 868 SOUTHERN VERMONT RAILROAD COMPANY. and in such manner that the corporation shall not receive less than twelve per cent, per annum, on the amount of capital stock, after deducting all the expenses of the corporation, after the corpo- ration shall commence taking toll on said road. Sect. 11. The directors of said corporation may erect toll-houses, establish gates, appoint toll-gatherers, and demand toll, upon said road when completed or upon such parts thereof as shall, from time to time, be completed ; and shall keep just and true books and accounts of all expenditures made in building and keeping in repair said railroad, and also of all the income arising from said road; which books shall, at all times, be open to the inspection of any committee of the legislature, or of the supreme court; and any such committee may examine the officers of said corporation, under oath, touching the receipts and expenditures of said corpo- ration. Sect. 12. Said corporation shall keep constantly exposed to view, at all places where they have toll-houses, or gates, and at all pub- lic places where they receive passengers, or freight, a sign or hand- bill, with the rates of toll legibly written or printed thereon. Sect. 13. If any person shall wilfully, maliciously, or wantonly, obstruct the passage of any carriage on said road, or in any way injure, or destroy said road, or any part thereof, or any thing belonging thereto, or any material or implement employed in the construction thereof, he, or any person or persons assisting, aiding, or abetting in such trespass, shall forfeit and pay to said corpora- tion, for every such offence, such damages, as shall be assessed before any court proper to try the same ; and such offender or offenders shall be liable to indictment by the grand jury of the county within which such trespass shall have been committed, for any offence contrary to the above provisions, and on conviction thereof, before such county court, shall pay a fine not exceeding one hundred dollars, and not less than twenty dollars, to the use of the State. Sect. 14. If said railroad shall cross any private way, said cor- poration shall so construct the same as not to obstruct the safe and convenient use of said private way ; and if said railroad shall not be so constructed, the party aggrieved may have an action on the case in any court proper to try the same, and recover reasonable dama- ges for such injury ; and if said railroad shall cross any canal, high- way, or turnpike, the same shall be so constructed as not to impede or obstruct the safe and convenient use of such canal, highway, or VERMONT. 869 turnpike ; and said corporation may raise or lower such turnpike, highway, or private way, so that said raihoad, if necessary, may pass over or under the same. And if said corporation shall raise or lower any such turnpike, highway, or private way, and shall not so raise or lower the same as to be satisfactory to the proprietors of said turnpike, or to the selectmen of the town in which said high- way or private way is situated, said proprietors or selectmen may require, in writing, of said corporation, such alteration or amend- ment as they shall think necessary ; and if the required amendment or alteration be reasonable and proper, and said corporation shall unnecessarily neglect to make the same, such proprietors, or select- men, may make such alteration or amendment, and may prosecute to final judgment and execution, iu any court proper to try the same, an action of the case against said corporation, and shall therein recover a reasonable indemnity, in damages, for all expenses occasioned by making such alteration, with costs of suit. And if said railroad shall intersect or cross any stream of water, or water- course, said corporation may construct the same across a stream or watercourse, provided they restore said stream or watercourse to its former state, or in a sufficient manner not to impair its useful- ness ; and the said company shall constantly maintain in good repair, all bridges, with their abutments and embankments, which they may construct for the purpose of conducting said road over any turnpike, private way, or highway, or for conducting such turnpike, private way, or highway, over said railroad, and in default thereof, shall be liable to an action on the case, to pay all damages to any party aggravated ; and said corporation shall build and maintain a sufficient fence upon each side of their railro3.d, through the whole route thereof: Provided, that nothing in this Act contained shall be so construed as to prevent the crossing of said railroad, with teams or otherwise, in a manner not calculated to injure the same. Sect. 15. The legislature may, at any time, after the expiration of fifty years from the opening for use of the road, and not before, pur- chase of the corporation the railroad, and all the property, rights and privileges thereof, by paying therefor the amount expended in mak- ing the same. And if, at the time of the purchase, the corporation shall not have received an income equal to ten per cent, per annum on the original costs, over and above the charges and expenses rela- ting thereto, the legislature shall pay the corporation such additional sum as, together with the tolls and profits of every kind received 73* 870 SOUTHERN VERMONT RAILROAD COMPANY. from the road, will be equal to ten per cent, per annum on the cost of the road, from the date of the payment thereof by the stockholders of the corporation to the time of such purchase. Sect. 16. The directors may require payment of the sums sub- scribed to the capital stock, at such times, and in such proportions, and on such conditions, as they shall deem best, under the penalty of forfeiture of all previous payments thereon ; and shall give notice of the payments required, and the time and place where the same are to be paid, at least thirty days previous thereto, in a newspaper published in said county of Bennington. Sect. 17. The commissioners may, at the time of subscription of any person for the capital stock of said corporation, require pay- ment by the person subscribing, of such sums towards each share, as they may deem best, which shall not be less than five per centum of the capital stock ; and unless the same shall be paid, the subscription shall be void; and in case a greater amount of capital stock shall be subscribed than the sum of two hundred thousand dollars, the commissioners shall distribute the stock in such man- ner as they shall deem equitable and just. Sect. IS. The office of the clerk of said corporation shall be kept within this State. Sect. 19. The persons who shall become stockholders of any railroad company which has been or may hereafter be created by the commonwealth of Massachusetts, or by the State of New York, and whose road shall connect with the road of this corporation at the south or west line of this State, shall be stockholders of this corporation, together with such persons as shall be stockholders of this corporation, and when the stockholders shall have assented thereto, the said corporations shall become united in one corpora- tion, by the name of the Southern Vermont, Massachusetts and New York Railroad Company, with a capital not exceeding the amount of the joint capital of said corporations ; and all the tolls, franchises, rights, powers, privileges, and property, granted or to be granted, acquired or to be acquired, under the authority of the State of Massachusetts, New York, or of this State, shall be held and enjoyed by all the stockholders, in proportion to the number of shares in either or all of said corporations. Sect. 20. After the said union shall be perfected, the said stock- holders shall hold their meetings, make their by-laws, appoint their officers, and transact all their business, as one corporation : Provid- ed, that one or more of the officers of said corporation shall be resi- VERMONT. 871 dent in this State, and one or more of them in the commonwealth of Massachusetts, and one or more of them in the State of New York, on whom process against said corporation may be legally served in either State ; and said corporation shall be held to answer, within jurisdiction where service shall be made, and the process is return- able. Sect. 21. The share or shares of any stockholder in said united corporation shall be liable to attachment, and to be taken on execu- tion, in the State where such stockholder shall reside at the time of the service of such process ; and if such stockholder shall not reside in either State, then the same shall be so liable in either State ; and an attested copy of such writ or execution, and of the returns of the officers thereon, shall at the time of such service, be left with the clerk or a director of said corporation, or at his usual place of abode, by the officer making the service. Sect. 22. The said united corporation shall so make out and keep an account of the expenditures on said road, from its com- mencement to its completion, as clearly to exhibit what portion thereof belongs to that part of said road situated in Vermont, and what portion to that part in Massachusetts, and what portion to that part in New York, and three commissioners shall be appoint- ed, one by the Governor of each State, to hold their offices for the term of five years, and to be reasonably compensated for their services by said corporation, who shall ascertain what proportion of expenditures on said road, and of the other expenditures attend- ing its construction, maintenance, and use, also what proportion of the receipts and profits of said railroad, shall properly appertain and belong to the portions of said road in each State respectively, and shall annually make report thereof to the legislature of this State ; the books of said united corporation shall at all times be open to the inspection of any committee of the legislature, or of the supreme court, of this State ; and any such committee may exam- ine any officer of said corporation, under oath, relative to the receipts and expenditures of said corporation. Sect. 23. The said corporation, so far as their road shall be situated in Vermont, shall be subject to the general laws of this State, to the same extent as if their road was wholly therein. Sect. 24. The twentieth, twenty-first, twenty-second and twenty- third sections of this Act shall not take effect, until similar pro- visions shall have been enacted by each of the States of Massachu- setts and New York, nor until the provisions so enacted in each 872 SOUTHERN VERMONT RAILROAD COMPANY. State, shall have been accepted by the stockholders of said corpora- tions, at meetings duly called for that purpose ; at which meeting they may ratify and confirm all or any of their former doings, and adopt them as the acts and doings of said united corporation. Sect. 25. This Act shall be taken and deemed a public Act, and shall be construed favorably and beneficially for all the purposes for which the same is enacted. Sect. 26. The directors of said Southern Yermont Railroad Com- pany shall annually, on or before the third Thursday of October, make a report to the legislature of their proceedings, receipts, and expenditures. Sect. 27. The corporations hereby established shall be required to transport upon their respective railroads, by their regular trips, the mails of the United States, and in case of any disagreement between the said corporations and the agents of the General Gov- ernment, touching the compensation for the same, it shall be the duty of the supreme court, on application of either of the parties, to establish and define the rates of compensation ; which rates shall be binding upon the parties, until altered by said court upon similar application. Sect. 28. And said corporation, after they shall commence the receiving of toll, shall be bound, at all times, to have said road in good repair, and a sufficient number of suitable carriages and vehicles, for the transportation of persons and articles, and be obliged to receive, at all proper times and places, and convey the same, when the appropriate tolls therefor shall be paid or ten- dered ; and a lien is hereby created on all articles transported, for the tolls due for the transportation thereof. Sect. 29. The legislature of this State may authorize any com- pany to enter with another railroad, at any point of the road hereby granted, paying for the right to use the same, or any part thereof, such rate of toll as the legislature may hereafter prescribe, and com- plying with such rules and regulations as may be established by the company hereby incorporated. Ajjproved, November 13, 1848. Laws of 1849, No. 59. An Act to extend the charter of the Southern Vermont RaUroad Companj\ It is hereby enacted, ^-c. An Act entitled "An Act to incorporate the Southern Vermont Railroad Company," approved November 13, 1848, is hereby extended and continued in force one year from VERMONT. 873 the time specified in said Act, for all purposes whatsoever ; so that the said corporation shall have the same rights and privileges, and the Act of incorporation shall have the same effect as it would have if passed at the present session of the legislature. Approv- ed, November 13th, 1849. DANVILLE AXD PASSUMPSIC EAILROAD COMPANY. INCORPORATED IN VERMONT IN 1848. No. 3 of the Private Acts of 1848 contaim the Charter. Sect. 1 grants corporate po-wers, -with the right to construct a railroad on the route described, and to transport persons and property thereon. Sect. 2 provides, if A^ithin three years herefrom they do not commence the con- struction of said road, and expend $5000 thereon, and within seven years com- plete and put in operation said road, that this Act shall be void. Sect. 3 fixes the capital stock at $75,000, in shares of $50 each. Sect. 4 appoints Commissioners, who shall, within two years, open books for receiv- ing subscriptions to the stock ; and when subscribed, they shall call a meeting for choice of Directors. Sect. provides that said Commissioners shall be inspectors of elections, and shall certify who are chosen ; the Directors shall choose a President and Vice-Presi- dent. Sect. 6 authorizes the Directors to cause surveys to be made, and to designate the line of the road. Sect. 7 defines the powers and duties of the Directors. Sect. 8 requires the Clerk and Treasurer to give bonds in $5000. Sect. 9 empowers the Corporation to enter upon the route selected, and to hold lands necessary for the road. Sect. 10 directs the appointment of Commissioners to assess damages, if not agreed. Sect. 11 prescribes the mode of proceeding in such assessment. Sect. 12 gives to either party the right of appeal, from such assessment, to the County Court, whose decision shall be final. Sect. 13 authorizes the Corporation to regulate the time and mode of transportation, and to establish rates of toll, subject to revision by the Supreme Court. Sect. 14 provides, if any person wilfully injure said railroad or appurtenances, that he shall forfeit to the Company all damages, and be hable to indictment. Sect. 15 requires said road to be so constructed, where it crosses or intersects any private way, highway, or watercourse, as not to obstruct or injure the same. Sect. 16 authorizes the Directors to prescribe the time and mode of paying assess- ments on shares. Sect. 17 provides that the Commissioners may direct what sums shall be paid at the time of subscribing. Sect. 18 requires the Clerk's ofiice to be kept in this State. 874 DANVILLE AND PASSUMPSIC RAILROAD COMPANY. Sect. 19 requires tlie Company to cause proper notice to be given of the approach, of an engine, and to cause suitable signs to be placed where it crosses a highway on the same level ; being liable for damages occasioned by neglect thereof. Sect. 20 provides that said Commissioners may make surveys, the expenses to be paid by the Company, when organized. Sect. 21 makes this Corporation subject to general laws respecting railroads. Sect. 22 provides that this Act shall take effect from its passage. Laws of 1848, No. 3. An Act to incorporate the Danville and Passumpsic Railroad Company. Sect. 1. Be it e?iacted, tj'c. That such persons as shall hereafter become stockholders of said company, are hereby constituted a body corporate, by the name of the Danville and Passumpsic Railroad Company, for the purpose, and with the right, of building a railroad, with a single track, from some point near Danville Green, to some point on the railroad of the Connecticut and Passumpsic River Railroad Company, near the outlet of the water Andric, in the town of Barnet, for the transportation of persons and property ; and shall have all the rights incident to corporations. Sect. 2. If said corporation shall not, within seven years, com- mence the construction of said road, and expend thereon at least the sum of five thousand dollars, and shall not, within seven years, complete and put in operation said road, then said corpora- tion shall cease, and this Act become void. Sect. 3. The capital stock of said company shall be seventy-five thousand dollars, which may be increased to an amount sufiicient to complete said road, and furnish all necessary apparatus for conveyance ; which shall be divided into shares of fifty dollars each, and shall be deemed personal property, and be transferable iu such manner as said corporation shall, by their by-laws, direct. Sect. 4. William Sias, S. J. Y. Vail, Isaac N. Hall, Ira Brai- nard, Samuel B. Mattocks, John Kelsey, and Lewis H. Delano, shall be commissioners, who shall within two years, open books for receiving subscriptions to the capital stock of said company, at some convenient place in Danville, and such other place as the said commissioners shall direct ; and twenty days' notice shall be given by said commissioners, of the time and place of opening said books, by publishing the same in some public newspaper printed in the county of Caledonia ; and as soon as said stock shall VERMONT. 875 be subscribed, said commissioners shall, in like manner, give notice for a meeting of the stockholders, at such time and place as they shall order, for the election of seven directors ; and such election shall then and there be made, by such of the stockholders as shall be present, either in person or by proxy, each propri- etor being entitled to as many votes as he holds shares : Provided^ they do not amount to more than one-fourth part of the whole number of shares. Sect. 5. The said commissioners shall be inspectors of elec- tion, and shall certify the names of those duly elected, and shall deliver to the directors the subscription books and other papers ; and the said directors shall then proceed to elect from their number a president and vice-president, and the directors and officers so elect- ed, shall hold their respective offices for one year, and until others are elected in their place. The time and place of holding the annual meetings for this purpose, shall be appointed by the directors, and twenty days' notice thereof shall be given, by publication in one newspaper printed in the county of Caledonia. Sect. 6. The directors may cause such examinations and sur- veys of said road to be made as they shall deem necessary ; and when the road shall be finally surveyed and laid out, the directors shall certify the same, under their hands and seals, one of which certificate shall be recorded in the town clerk's office of each town through which said road shall pass ; which road, so surveyed and certified, shall be deemed the line upon which said road is to be constructed, as hereinafter mentioned ; and the corporation may make such alterations, from time to time, in the course of said road, as they shall deem expedient, causing a certificate of the same to be recorded in the office of the town clerk of the town in which such alteration is made ; and the expenses of said surveys, and all incidental expenses relating thereto, shall be paid by said corporation. Sect. 7. Five directors shall constitute a quorum, and shall be competent to transact all the business of the corporation, and shall have power to prescribe by-laws and regulations for the proper management and disposition of the stock, property, and effects of the corporation, the transfer of shares, the conduct of their officers, elections of directors, and all other matters appertaining to the corporation, and shall have power to appoint a clerk and trea- surer, and to establish such salaries for the officers of the corpo- ration as they deem proper. 876 DANVILLE AND PASSUMPSIC RAILEOAD COMPANY. Sect. 8. The clerk and treasurer shall give bonds to the corpo- ration, with sureties, to the satisfaction of the directors, in a sum not less than five thousand dollars, for the faithful discharge of their trust. Sect. 9. The said corporation may enter upon the route desig- nated for their road, as herein provided, and may enter upon and take possession of all such lands and real estate as may be neces- sary for the construction and maintenance of their railroad, and the requisite accommodations appertaining thereto, and may receive, and hold, all voluntary grants of real estate which may be made to them. Sect. 10, All lands thus entered upon and used by the corpora- tion, which are not voluntarily granted to them, shall be purchased by them of the owner or owners thereof; and in case the parties disagree as to the price of the land, it shall be the duty of the judges of the county court of Caledonia county, toappoint three dis- interested commissioners, who shall determine the damages which the owner or owners of lands so entered upon, may have sus- tained, or shall be likely to sustain, by the occupation of the same ; and upon payment of such damages, with the expenses attending such appraisement, or upon the corporation's depositing in the bank of Caledonia, to the credit of the person or persons to whom an award may have been made, the amount of said damages, with the expenses aforesaid, and giving notice of said deposit to such person or persons, then the corporation shall be deemed to be seised of such lands so appraised. Sect. 11. It shall be the duty of said commissioners to give fifteen days' notice of the time and place of such appraisement, to the owner of the lands to be appraised, and they shall, as soon as may be after the appraisal, deliver to the corporation a written statement of the awards made by them, with a description of the lands appraised, which shall, within sixty days, be recorded in the office of the town clerk of the town in which the lands lie. And in case any owners of lands taken by said company shall be married women, infants, idiots, or insane, or shall reside with- out the State, the corporation shall cause the damages to be ascer- tained, in the manner above prescribed, giving notice as aforesaid, to the husband, guardian, or agent, of such owner or owners, respectively, if any such there be, and shall pay the amount of damages to the owners respectively, whenever the same shall be lawfully demanded with the interest, at the rate of six per cent. VERMONT. 877 per annum; which amount and interest shall be a specific lien on the real estate of the corporation, and shall have a preference to an}'' other demand against them. Sect. 12. Should the corporation, or owner of any lands feel aggrieved by the decision of the commissioners aforesaid, either party may, within ninety days from the time of recording said decision in the town clerk's office, as aforesaid, or from the removal of the disabilities in the preceding section mentioned, or from the return of such non-resident, appeal to the county court in the county of Caledonia ; and the decision of said court shall be final ; and said court shall tax costs for or against either party, as they shall judge equitable. Sect. 13. Said corporation may regulate the time and manner in which passengers and property shall be transported upon their road, and may erect such buildings for their accommodation as they may deem suitable; and may, from time to time, fix, regulate, and receive toll and charges, for the transportation of persons and property on said road : Provided, that the supreme court, at any stated session in the county of Caledonia, may on the applica- tion of any ten freeholders in any town or towns through which said road may pass, alter or establish the rate of toll upon said road, for a term of time not exceeding ten years, at any one time, so that said company shall not receive less than ten per cent, per annum on the capital stock, over and above all charges and ex- penses of said company. Sect. 14. If ajiy person shall wilfully, maliciously, or wantonly, obstruct the passage of any carriage on said road, or in any way injure or destroy said road, or any part thereof, or any build- ings, engine, carriage, or machine appertaining thereto, or any material or implements employed in the construction thereof, he shall forfeit and pay to said company all damages, with full costs, in an action on the case, before any court competent to try the same, and shall also be liable to indictment by the grand jury of the county of Caledonia, and be punished for a misdemeanor. Sect. 1.5. If said railroad shall cross any private way, said cor- poration shall so construct the same as not to obstruct the safe and convenient use of said private way; and if said railroad shall not be so constructed, the party aggrieved may have an action on the case, in any court proper to try the same, and recover reason- able damages for such injury; and if said railroad shall cross 74 878 DANVILLE AND PASSUMPSIC RAILROAD COMPANY. any highway, or turnpike, the same shall be so constructed as not to impede or obstruct the safe and convenient use of such highway, or turnpike ; and said corporation may raise or lower such turnpike, highway, or private way, so that said railroad, if necessary, may pass over or under the same ; and if said corporation shall raise or lower any such turnpike, highway, or private way, and shall not so raise or lower the same as to be satisfactory to the proprietors of said turnpike, or to the selectmen of the town in which such highway or private way is situated, said proprietors or selectmen may require, in writing, of said cor- poration, such alteration or amendment as they may think neces- sary ; and if the required alteration or amendment be reasonable and proper, and said corporation shall unnecessarily neglect to make the same, such proprietors or selectmen may recover all damages resulting, or likely to result, from such neglect, in an action on the case, against the corporation, with costs of suit, and if said rail- road shall intersect or cross any stream of water, or watercourse, the corporation may construct their road across the same : Provid- ed, they return such stream or watercourse to its former state, or in a sufficient manner not to impair its usefulness ; and said cor- poration shall build and maintain a sufficient fence upon each side of their railroad, through the whole route thereof; but nothing in this Act shall be so construed as to prevent the crossing of said road with teams, or otherwise, in a manner not calculated to injure the same. Sect. 16. The directors may require payment of the sums sub- scribed to the capital stock, at such times, and in such proportions, and on such conditions, as they shall deem best, under the penalty of forfeiture of all previous payments thereon ; and shall give notice of the payments required, and of the time and place at which the same is to be paid, at least thirty days previous thereto, in some newspaper published ni the county of Caledonia. Sect. 17. The commissioners named in section four may, at the time of subscription to the capital stock, require such portions of the stock to be paid in cash, as they may deem proper, which shall not be less than five per centum of said stock. Sect. 18. The office of clerk of said company shall be kept in this State. Sect. 19. Said corporation shall cause seasonable and proper notice to be given of the approach of any locomotive engine upon the road, to the place where said railroad crosses any turnpike, VERMONT, 879 highway, or private way, upon the same level with said road, and shall cause suitable signs to be placed across each highway or turn- pike, where the same is crossed by said railroad upon the same level therewith ; and said corporation shall be liable for all dama- ges sustained by any person, by reason of the neglect of the provis- ions of this section, to be recovered in an action on the case, by the person sustaining such damages. Sect. 20. The said commissioners, provided for in section four, may cause such preliminary explorations and surveys to be made as they may deem expedient, and the expenses thereof shall be paid by the said corporation when organized. Sect. 21. This corporation shall be subject to any general law respecting railroad corporations which shall hereafter be passed, not inconsistent with the express provisions of this Act. Sect. 22. This Act shall take effect from its passage. Approved, Novembe?' 6, 1845. VERJIONT VALLEY RAILROAD COMPANY. INCORPORATED IN VERMONT IN 1848. Xo. i of the Private Acts of 1848 contaiiis the Charter. Sect. 1 grants corporate powers, -with, tlie right to construct a railroad on the route described, and to transport persons and property thereon. Sect. 2 appoints Commissioners, who shall open books for receiving subscriptions to the stock, and when $200,000 are subscribed, shall call a meeting of stockholders for choice of Directors, and certify who are chosen ; said Directors may cause surveys to be made, and shall designate the line of the road ; the Company may alter the location, if necessary. Sect. 3 provides that the Directors shall choose a President, and may fill any vacan- cies ; the election of Directors may be held on a day subsequent to that appointed, if within sixty days thereafter ; it defines their powers and duties. Sect. 4 fixes the capital stock at .$500,000, in shares of $100 each. Sect. 5 provides, if, within eighteen months herefrom, the Company shall not com- mence the construction of said road, and expend $100,000 thereon, and within two and a half years herefrom complete the road to Bellows Falls, and within four years herefrom complete said road entirely, that this Act shall be void as to the parts not completed. Sect. 6 empowers the Company, by its agents, to enter upon land necessary for the road, by paying therefor damages, to be assessed as therein provided. Sect. 7 allows to either party the right of appeal from such assessment to the County Court, whose decision shall be final. SSO VERMONT VALLEY KAILROAD COMPANY. Sect. 8 authorizes the Directors to establish, rates of toll, subject to revision by the Supreme Court ; it requires them to keep a true account of receipts and expenditures, and to have books open for inspection. Sect. 9 provides, when said road crosses any private way or watercourse, that the Company shall restore or sufficiently repair the same. Sect. 10 authorizes the Directors to construct suitable buildings ; the Company may enter upon lands adjoining the road, to procure materials. Sect. 11 provides, if any person "\^ilfully injure said railroad or appurtenances, that he shall forfeit to the Company treble the damages sustained, and shall be liable to indictment. Sect. 12 authorizes the Dii-ectors to prescribe the time and mode of paying assess- ments on shares, not exceeding $10 at a time, and to enforce their payment. Sect. 13 requires the Clerk's office to be in some town on the line of the road. Sect. 14 reserves to the State the right to purchase the road, after fifty years from its completion, by pa^dng its cost, and such fiirther simi as, with the net income, shall equal 10 per cent, per annum interest thereon. Sect. 15 requires the Company to cause seasonable notice to be given of the ap- proach of an engine to any highway or private way, on the same level with the road, and to have proper signs placed on a highway where it is crossed by the railroad ; being liable for damages caused by the neglect thereof. Sect. 16 requii-es them to transport the U. S. Mail, for a compensation, if not agreed, to be determined by the Supreme Court. Sect. 17 makes this Act subject to the general laws respecting railroads. Sect. 18 reqxiires the Company to pay the expenses of survey, within a proper time after organization. Sect. 19 provides that the business of all Companies brought to the southern term- inus of this road, shall be done by this Company ; any party aggrieved at the prices charged may apply to the Supreme Court. Sect. 20 authorizes this Company to connect their road with the Vermont Central Railroad, at Windsor, upon a certain proviso. Sect. 21 declares this Act to be a Public Act. Sect. 22 provides that this Act shall take effect immediately. jVo. 62 of the Private Acts of 18i9 contains an additional Act. Sect. 1 provides, if the Company shall, witliin two years herefrom, commence said road and expend $100,000 thereon, and within three years herefrom complete it to Bellows Falls, that the Act shall continue in force. Sect. 2 provides, when $50,000 shall be subscribed, that the Commissioners shall call a meeting of stockholders, to choose seven Dii-ectors, after notice as prescribed. Sect. 3 makes the charter subject to all general laws respecting railroads. Sect. 4 provides that this Act shall take effect immediately. VERMONT. 881 Laws of 1848, Xo. 4. An Act to incorporate th.e Vermont Valley Railroad Company. Sect, 1. It is hereby enacted, <^'c. That such persons as shall hereafter become stockholders of said company, are constituted a body corporate, by the name of the Vermont Valley Railroad Com- pany, for the purpose, and with the right of constructing a rail- road, with a single or double track, from the depot of the Brattle- boro' and Fitchburg Railroad, at Brattleboro', thence up the valley of the Connecticut River, to a point at Bellows Falls con- venient to connect with the Rutland and Burlington Railroad, and with the Sullivan Railroad ; and in case the Sullivan Railroad Company shall decline such connection, or refuse or neglect to carry the same into eflect, then the said company may extend their road to the town of Windsor, so as to form a connection with the Central Railroad, at that place, and shall have all the rights, powers, and privileges, and be subject to all the liabilities imposed by this Act, on said company, in laying out and constructing said road from Brattleboro' to Bellows Falls; to carry persons and property upon the same, by the power of steam or otherwise, and by that name may sue and be sued, have a seal, and shall have all the rights incident to corporations. Sect. 2. Larkiu G. Mead, John Kimball, Ellery Albee, John May, William Henry, Asa Wentworth, Jr., William J. Hall, James H. WiHiams, and Joseph Goodhue, shall be commissioners, who shall, within six months from the passage of this Act, open books for receiving subscriptions to the capital stock of said corporation, at some convenient places in Brattleboro', Putney, Bellows Falls, and Windsor, and at such other places as they shall deem proper ; giving ten days' notice thereof, in two newspapers printed in the county of Windham, and one in the county of Windsor. They shall call all meetings of said corporation necessary for the due organ- ization of the same; and as soon as the capital stock, or two hun- dred thousand dollars of the same, shall have been subscribed, under such regulations as said commissioners may adopt, they shall call a meeting of the stockholders, to choose seven directors of said company, giving notice thereof, as aforesaid. Said direc- tors shall be chosen by such stockholders as shall attend in person, or by proxy, each stockholder having as many votes as he holds 74* 882 VERMONT VALLEY RAILROAD COMPANY. shares; and said commissioners shall be inspectors of the first election of directors, certify the names of those elected, deliver the books of subscription to such directors, and determine the time and place of holding the first meeting of the directors. A new election of directors shall be made annually, at such time and place, as the board of directors shall appoint, giving ten days' notice thereof in some newspaper printed in the county of Windham or Windsor. Said directors may appoint an engineer or engineers, and cause such examinations and surveys of the line of said road, as they may deem necessary ; and after such examinations and surveys are made, they shall, by certificates under their hands and seals, designate the line or route on which said railroad shall be made, and shall cause the same to be recorded in the several town clerks' offices, in the towns through which said road shall pass. Said company may make any alterations in the route of said road, they may deem necessary or expedient, always causing such alterations to be recorded in the town clerks' offices, in the towns where such alter- ations shall be made. Sect. 3. As soon as may be, after their election, and annually thereafter, the directors shall choose from their own number, a president, who shall preside at all meetings of the board of direc- tors; and in case of the resignation or death of the president, or any director, the vacancy may be filled, until the next annual election, by the board of directors; and m the absence of the pre- sident, the board of directors may appoint one of their number president, pro tempore. Should said company fail to elect direc- tors on any day required by their by-laws, such election may be made at any time said board of directors may appoint, provided it be within sixty days of the time required by the by-laws of said corporation. Four directors shall form a board competent to transact all the business of the company. They may make such by-laws, rules, and regulations, as they may deem needful and proper, for the management and disposition of the stock, property, and effects of said company, the transfer of shares, the duties and conduct of their officers, the election of directors, and all other matters pertaining to the affairs of said company. They may appoint a clerk and treasurer, who shall give bonds for the faith- ful discharge of their duties ; as many servants as they think best, and fix the salary of every officer and servant of said company. Sect. 4. The capital stock of said company shall be five hun- dred thousand dollars, which may be increased to such an amount VERMONT. 883 as may be required to complete said road, and furnish all neces- sary buildings, road furniture, and other appurtenances, needful or convenient for the use of said road, and said capital stock shall be divided into shares of one hundred dollars each. Sect. 5. If said corporation shall not, within eighteen months from the passage of this Act, commence the construction of said road, and expend at least one hundred thousand dollars thereon, and shall not, within two years and a half from the passage of this Act, complete the construction of said road, from the southern terminus thereof, to the village of Bellows Fall, and within four years from the passage of this Act, shall not complete the said road, throughout the entire line thereof, then the rights and powers granted by this Act shall cease, for such portion of said route as shall not be then completed. Sect. 6. Said company may, by their engineers or agents, enter upon the route, so to be designated as aforesaid, as the line or route upon which to make said road, and take possession of, and use all such land and real estate, as may be necessary for the construc- tion and convenient maintenance of said road, and the accommo- dation requisite for the same ; and may hold such land by pur- chase or donation. If said company shall enter upon and use any land or real estate, not so purchased or given, the judges of the county court of the county in which such land or real estate lies, shall, before the making of any portion of said road thereon, appoint three disinterested commissioners, to determine the damages which the owner of such land or real estate may have sustained, or may thereafter sustain, by reason of such occupancy ; and said commissioners shall hear such claim for damages, giving the par- ties due notice of the time and place of hearing, and shall deliver to said company a written statement of their award in the pre- mises, with a description of the land by them appraised, which shall be recorded, within sixty days, in the office of the town clerk of the town in which such land or real estate lies ; and upon the payment of such damages, with the costs of such appraisal, the commissioners being allowed three dollars per day each, by said company, or on depositing, in any bank in either county through which said road passes, the amount of such damages, to the credit of the person or corporation, to whom the commissioners shall have awarded the same, and giving such person or corporation notice thereof, said company shall be deemed to be seised and possessed of such land or real estate so appraised. In case the owner of any 884 VERMONT VALLEY RAILROAD COMPANY. land or real estate taken by said company, shall be a married woman, an infant, idiot, or insane, or shall reside ont of this State, said company shall cause such damages to be determined in the manner above described, and shall pay such damages to such last mentioned owners, whenever the same shall be lawfully demanded, with the interest thereon, which amount, and interest, shall be a specific lien on the real estate of said company, and shall be pre- ferred to any other demand against said company. Sect. 7. Should said company, or the owner of any land or real estate, feel aggrieved by the decision of said commissioners, either party may, within ninety days from the making of said decision, and notice thereof, or from the removal of the disabilities men- tioned in section six, or from the return of such non-resident to this State, appeal to the county court, in the county where such land or real estate lies ; and the decision of said court shall be final thereon ; and said court shall tax costs against either party, as shall be just and equitable. Sect. 8. The board of directors may, from time to time, fix, regu- late and receive tolls and charges, for the transportation of pas- sengers and property upon said road; Provided, that upon the application of ten freeholders in any town or towns through which said road may pass, the supreme court, at any stated session there- of, in either county through which said road may pass, may alter or establish the rates of toll upon said road, for any term of time, not exceeding ten years at any one time, and in such a manner that said company shall not receive less than twelve per centum annu- ally, on the amount of the cost of said road, with the buildings, furniture, and other appurtenances of the same, together with all charges and expenses of said company. Said company shall keep a true account of all expenditures in constructing and furnishing said road, and keeping the same in repair ; and also, for all money received for tolls, and from other sources of profit. The books of said company shall at all times be open to the inspection of any committee of the legislature, or of the supreme court ; and any such committee may examine any officer of said company, under oath, in relation to the receipts and expenditures of said company. Sect. 9. When, in the construction of said road, it shall be necessary to run upon, or across any stream of water, watercourse or way, intersecting said railroad route or line, said company may construct said road across or upon the same : Provided, said com- pany shall restore the stream, watercourse, road, or way, thus vermojstt. 885 intersected, as near as practicable, to its former state of usefulness, to the acceptance of the selectmen of the town where the same is situated, or in case of their refusal, to the acceptance of the com- missioners, to be appointed under section six of this Act: Provided, nothing in this Act shall be so construed, as to prevent the crossing of said railroad, with teams or otherwise, in such manner as not to injure the same; and sucli company shall build and keep a suffi- cient fence on each side of said road, through its whole length. Sect. 10. The board of directors may erect and maintain such buildings as they may deem suitable, for the use and convenience of said railroad ; and said company may enter upon any lands in the vicinity of said road, for the purpose of procuring earth, sand, gravel, or stone, for building or repairing said railroad, subject always, to the provisions and liabilities mentioned in section six of this Act, for ascertaining the damages which the owner of lands so entered upon, shall have sustained, or may sustain, by reason of such entry. Sect. 11. If any person shall wilfully do, or cause to be done, any act, whereby any building, engine, machine work, or any thing appertaining to said road, or any implement or material to be em- ployed in the construction of said road, or for the use of the same, shall be injured, obstructed, stopped or destroyed, such person, and every person aiding or abetting therein, shall, for every such offence, forfeit and pay to said company, treble the amount of dam- ages found by any court or jury before whom trial shall be had, and shall also be liable to indictment by the grand jury of the county in which such offence shall have been committed, and be punished as for a misdemeanor. Sect. 12. The board of directors may require the payment of the sums subscribed to the capital stock of said company, in such proportions, and at such times, as they may deem best, not exceed- ing ten dollars at any one time, and one hundred dollars upon any one share, giving notice of the time and place of such payment, twenty days previous thereto, in some newspaper printed in the town through which said road shall pass, and by letter, through the post office, to each stockholder. Said company may enforce payments upon any delinquent subscriber, or his assignee, after assignments are authorized by said company, by an action at law, for the recovery of such sums required to be paid, as aforesaid, or all previous payments upon such subscriptions sliall be forfeited, as the directors of said company may deem advisable. 886 VERMONT VALLEY RAILROAD COMPANY. Sect. 13. The office of the clerk of said company shall be kept in some town on the line of said road. Sect. 14. At any time after the expiration of fifty years from the completion of said railroad, the State may purchase the same of said company/-, with all their franchises, property, rights, and privileges, by paying therefor the cost thereof, and such sum as, after adding the expenses and deducting the gross earnings, will amount to ten per centum per annum thereon. Sect. 15. Said company shall cause seasonable and proper notice to be given of the approach of any locomotive engine upon their road to the place where said road may cross any highway or private way, upon the same level of said road, and shall cause suitable signs to be placed across each highway, where the same is crossed by said railroad, on the same level. And said company shall be liable for any damages sustained by any person, by rea- son of their neglect of the provisions of this section, to be recovered in an action on the case, by the person sustaining such damage. Sect. 16. Said company shall be required to transport the United States' mail upon said road, by their regular trips ; and in case of any disagreement between said company and the General Govern- ment, relating to the compensation for the same, the supreme court shall, on application of either party, define and establish the rates of compensation, which rates shall be binding upon the parties, until altered b}^ said court, upon similar application. Sect. 17. Said company shall be subject to the provisions of any general laws now in force in this State, relating to railroads, or that may hereafter be enacted, applicable to all railroad corporations, unless the same shall be inconsistent with the provisions of this Act. Sect. 18. Said company shall pay the expenses of the survey of said road now making, within a reasonable time, after the organization of the same. Sect. 19. The business of the Sullivan, and of the Rutland and Burlington Railroad Companies, and of all railroad companies whose freight or passengers they or either of them shall bring to the northern terminus of this railroad, as well as the business of the Brattleboro' and Fitchburg Railroad Company, and of the Vermont and Massachusetts Railroad Company, and the Connec- ticut River Railroad, in Massachusetts, and of all other companies, whose business shall be brought by said companies to the southern terminus of this railroad, shall all be entitled to have their business VERMONT. 887 done by this company, for the same price, and in a manner equally convenient to all said companies. And if the rules and regulations of this company shall, in any respect as to time of running, or comparative tariff of freight, on different articles, or in any other respect, be deemed oppressive by either of said companies, the party aggrieved may apply to the supreme court, at any stated session thereof, in the county of Windham, giving twenty days' notice thereof, to this company, in writing, and to the other companies, by publication in some newspaper, in the county of Windham ; and if said court shall find such inequality or injustice to exist, said court shall so alter the comparative tariff of freight, and rules and regulations in regard to time, and manner of running, as to do justice in the premises ; which alterations shall be followed and complied with by this company, until again altered, on similar application. Sect. 20. If the Sullivan Railroad Company shall decline the connection with this railroad, at Bellows Falls, or neglect or refuse to carry the same into effect, as mentioned in the first section of this Act, and if this company shall extend their road to Windsor, as before provided in this Act, then this company shall connect their road with the Vermont Central Railroad, at Windsor, on the same terms of equality mentioned in the nineteenth section of this Act, And the said Central Railroad Company, and all other companies whose business it shall bring, shall be entitled to the same proceedings in the supreme court, and the same remedies, for any inequality or injustice, which are given by said nineteenth section, to the Rutland and Burlington, and the Sullivan Railroad Companies. Sect. 21. This Act shall be deemed and taken to be a public Act, and construed favorably and beneficially for all the purposes for which it is intended. Sect. 22. This Act shall take effect from its passage. Approved] November 8, 1848. Laws op 1849, No. 62. An Act to amend "An Act to incorporate the Vermont Valley Railroad Company," approved November 8, 1848. Sect. 1. It is hereby enacted, ^'c. That if the said corporation shall, within two years from the passage of this Act, commence 888 ATLANTIC AND ST. LAWRENCE RAILROAD COMPANY. the construction of said road, and expend at least one hundred thousand dollars thereon, and shall, within three years from the passage of this Act, complete the construction of said road from the southern terminus thereof to the village of Bellows Falls, the forfeiture of said charter, contemplated in the fifth section of said Act, shall not take place, but the said Act shall continue in force in all its parts. Sect. 2. As soon as fifty thousand dollars of the capital stock of said corporation shall be subscribed, the said commissioners shall call a meeting of the stockholders, to choose seven directors of said company, for the due organization of the same, giving ten days' notice thereof in two or more of the newspapers published in said counties of Windham and Windsor. Sect. 3. Said Act is so amended, that said corporation shall, at all times, be subject to all general laws of this State, relating to railroads and railroad corporations, whether passed at the present or any future legislature of this State. Sect. 4. This Act shall take effect from its passage. Aj)j)roved, October 26th, 1849. ATLANTIC AND ST. LAWRENCE RAILROAD COMPANY. MADE A CORPORATION WITHIN THIS STATE. No. 5 of the Private Acts of 1848 contains the Act. Sect. 1 provides that said Company, incorporated in Maine and New Hampshire, shall be a Corporation within this State, Avith all the rights and liabilities of rail- road Corporations. Sect. 2 authorizes the Company to extend their road to the boundary of Canada, to connect with the St. Lawrence and Atlantic Railroad at Montreal. Sect. 3 provides that the Directors may cause surveys to be made, and may desig- nate the route of the road. Sect. 4 empowers the Company's agents to enter upon and use lands necessary for the road, first paying damages to be assessed as therein provided. Sect. 5 gives to cither party the right of appeal from such assessment to the County Court, whose decision shall be final. Sect. 6 provides, if said railroad crosses or intersects any private way or highway, that the Company shall construct it so as not to injure the same, and shall main- tain a proper fence on each side of the railroad. Sect. 7 reserves to the State the right, to authorize any other Company, incorporated here, to connect their road with the Atlantic and St. Lawrence Railroad, and to VERMONT. SS9 have their passengers and freight transported thereon, and to transport the same for said Company. Sect. 8 provides, if within ten years the Company do not complete said road, and ■within two years surrey the same, that this Act shall be void as to the parts not completed. Sect. 9 requires the Company to appoint and have an agent in Essex County, upon whom process against the Company may be served ; in neglect thereof for six. months being liable to a fine of |;50. Sect. 10 declares this a Public Act, to take effect from its passage. Sect. 11 provides, if, within five years from the time of filing the location of the road, the Company shall not expend on its construction in this State the siim of $50,000, or sufficient to complete it, that this Act shall be void. Laws of 1848, No. 5. An Act constituting the Atlantic and St. Lawrence Railroad Company a corporation within this State. Sect. 1. It is hereby enacted^ ^'c. That the Atlantic and St. Lawrence Raih'oad Company, a corporation estabhshed by the legislature of the State of Maine, by an Act passed the tenth day of February, eighteen hundred and forty-five, and by the legisla- ture of New Hampshire, by an Act passed on the thirtieth day of June, eighteen hundred and forty-seven, is hereby made and consti- tuted a corporation within this State, under the authority thereof, and subject to all the liabilities, duties, and obligations which now are, or may hereafter be, imposed upon railroad corporations by the general laws of this State. Sect. 2. The said company are hereby authorized to continue and extend their railroad, according to the provisions of their char- ter, and subject to the conditions and limitations of this Act, from the western line of New Hampshire, in the county of Coos, through the north-eastern part of this State, to the boundary of Canada, there to connect with the St. Lawrence and Atlantic Railroad, to be constructed from Montreal to said boundary line. Sect. 3. The directors of said company may cause such exam- inations and surveys to be made for said road as they may deem necessary, and shall, by certificates, under the seal of the company, designate the line, or route, on which said railroad shall be so extended ; and they shall cause the same to be recorded in the several town clerks' offices, in the towns through which said road shall pass ; and said company may make any alterations in the 75 890 ATLANTIC AND ST. LAWRENCE RAILROAD COMPANY. route of said road, from time to time, always causing the same to be recorded in the office of the town clerk, where any such altera- tion shall be made ; and all expenses relating thereto shall be paid by said company. Sect. 4. The said company may, by their engineers and agents, enter upon the route, so designated as the line, or route, of said road, and take possession of and use all such land and real estate, as may be necessary for the construction and maintenance of said road and the accommodation requisite to the same, and may take and hold all grants and donations of land, that may be made to the company for the construction, maintenance, and accommoda- tion of said road : Provided^ that all lands and real estate thus entered upon and used by said company, and not granted as above mentioned, shall be purchased by the company of the owner thereof; and, in case of disagreement as to the price, the county court for the county in which any such land, or real estate, shall be situated, shall, upon application, of either party, appoint three dis- interested commissioners, to determine the damages which the owner of such land may have sustained, or shall be likely to sus- tain, by the occupation thereof; and upon the payment of the damages determined upon by said commissioners, with the costs and charges thereon accruing, by said company, or upon the com- pany's depositing, in such bank as the commissioners shall direct, the amount of such damages, with the costs and charges aforesaid, to the credit of the owner, to whom such damages and costs have been awarded, and giving such owner notice thereof, in manner to be directed by the commissioners, the company shall be deemed to be seised and possessed of such land or real estate, so appraised by said commissioners. The commissioners shall give ten days' notice to the parties of the time and place at which they will attend to such appraisal ; and, after the same is made, they shall deliver to the company a written statement of the same ; and, in case the owner of lands, or other real estate, taken by said com- pany, shall be a married woman, an infant, idiot, or insane, or shall not reside in this State, then said company shall cause the damages sustained by such owners to be determined in the manner above prescribed, and shall pay the same, when lawfully demand- ed, with the interest thereon; which said damages and interest shall be a specific lien upon the real estate of the company, and shall be preferred before any other demand against said company; but HO application shall be made for commissioners to determine dam- VERMONT. 891 ages, which may be sustained in any case, unless made within three years from the time of keeping said land. Sect. 5. Should the company, or the owner of any land or real estate, be aggrieved by the decision of the commissioners, either party may, within ninety days after the making of such decision, or from the removal of the disabilities mentioned in the preceding section, or from the return of such non-resident, appeal to the county court in the county where such land or other real estate lies; and the decision of such court shall be final ; and said court shall tax costs for either party as shall be just and equitable. Sect. 6. If said railroad shall cross any private way, the com- pany shall so construct the same as not to obstruct the safe and convenient use of said private way ; and if said road shall not be so constructed, the party aggrieved may have an action on the case, in a court proper to try the same, and recover reasonable damages for such injury ; and if said road shall cross any high- way, the same shall be so constructed as not to impede or obstruct the safe and convenient use of such highway ; and the company may raise, or make lower, any such highway, so that said road may pass over or under the same ; and shall build and maintain a legal and sufficient fence on each side of their road, where the same passes through enclosed or improved lands. Sect. 7. The General Assembly of this State shall, at all times, have the right to authorize any other railroad company, incorpo- rated under the laws of this State, so to connect their railroad with the Atlantic and St. Lawrence Railroad, that the said Atlantic and St. Lawrence Railroad Company may receive, and shall be obliged to receive, convey, and transport the freight and passengers of such connecting road, on terms and conditions, and at rates of toll and passage, as favorable as those on which said company convey and transport their own, without any additional toll, or charge, what- ever ; and the company owning such connecting road shall be required, in like manner, to furnish a reciprocal accommodation for the passengers and freight of said Atlantic and St. Lawrence Railroad. Sect. 8. If the said company shall not, within ten years from the passage of this Act, construct and finish, for actual operation, the road herein authorized to be extended through this State, and if the said company shall not, within two years from the passage of this Act, complete the survey of the line for the extension of their road, and cause the said line to be designated and recorded, 892 MONTPELIER AND CONNECTICUT RIVER RAILROAD COMPANY. as provided in this Act, then the rights and powers granted by this Act shall cease, for such parts of said road as shall not be completed within that period. Sect. 9. The said company shall appoint and have an agent, or attorney, residing in the county of Essex in this State, and a cer- tificate of such appointment, duly authenticated under the seal of said company, shall be filed and recorded in the office of the clerk of the county court in said county ; and if said company shall refuse, or neglect, for the term of six months, to appoint and have an agent, or attorney, residing in said county, such company shall, for such refusal, or neglect, forfeit and pay the sum of fifty dollars, for every such ofience, to the person injured, to be recovered in an action on the case ; and all writs against said company may be served by leaving a copy with the said agent or attorney thereof. Sect. 10. This Act shall be taken and deemed to be a public Act, and shall take effect from its passage. Sect. 11. If said corporation shall not, within five years from the time of filing their location of said road, appropriate and lay out, towards the construction of that part of said road located within the limits of this State, the sum of fifty thousand dollars, or sufficient to complete the construction of the same, they shall take no benefit or advantage of this Act. Approved, October 27, 1848. MONTPELIER AND CONNECTICUT RIVER RAILROAD CO^IPANY. INCORPORATED IN VERMONT IN 1849. No. 56 of the Private Acts of 1849 contains the Charter. Sect. 1 grants corporate powers, -with the right to construct a railroad from Mont- pelier, on the route described, to connect with the Connecticut and Passumpsic Rivers Railroad. Sect. 2 provides, if within three years they do not commence building said road, and within five years complete it, that this Act shall be void. Sect. 3 fixes the capital stock at $500,000, Avith power to increase it, to be divided into shares of $100 each. Sect. 4 appoints Commissioners, who shall, within two years, open books for receiv- ing subscriptions to the stock; when 1000 shares are subscribed, they shall call a meeting of stockholders for choice of Directors, shall preside at their election, and declare who arc chosen ; the Directors shall choose a President and Vice-Presi- VERMONT. 893 dent, and shall be elected annually ; they may cause surveys to be made, and shall designate the location of the route. Sect. 5 authorizes the Vice-President to preside at all meetings, in the absence of the President. Sect. G provides, if the election be not held on the day appointed, that it may be held subsequently. Sect. 7 defines the powers and duties of the Directors ; it empowers the Company, by their agents, to enter upon lands necessary for the road, by paying damages to be assessed as therein provided. Sect. 8 gives to cither party, the right of appeal from such assessment to the County Court, whose decision shall be final. Sect. 9 authorizes said Company to build a single or double railroad. Sect. 10 grants to the Corporation a toll for transportation on said road, the rates being subject to revision by the Supreme Covirt. Sect. 1 1 authorizes the Dii-ectors to erect toll-houses and demand tolls, and requires them to keep true accomits of receipts and expenditures. Sect. 12 requires the Company to exhibit publicly the rates of toll. Sect. 13 provides, if any person wilfully place obstructions on said road, or injure it, that he shall forfeit to the Company damages occasioned thereby, and shall be liable to indictment. Sect. 14 requires said road to be so constructed, where it crosses or intersects any private way, highway, or watercourse, as not to obstruct or injure the same ; being liable for damages occasioned thereby. Sect. 15 reserves to the Legislature the right, after fifty years from the opening of the road, to purchase it and the property of the Company, by paying its cost, and such sum as, with the net income, shall equal 10 per cent, interest per annum on the cost. Sect. 16 authorizes the Directors to prescribe the time and mode of paying assess- ments on shares, and to enforce their payment. Sect. 17 provides that the commissioners may direct what sum shall be paid on each share, at the time of subscribing. Sect. 18 requires the Clerk's office to be kept in this State, in some town tlirough which the railroad may pass. Sect. 19 declares the shares liable to attachment, and to be taken on execution. Sect. 20 declares tliis to be a public Act, to be construed favorably. Sect. 21 requii-es the Company to cause proper notice to be given of the approach of the engine, where it crosses any road upon a level with the railroad, and to cause suitable signs to be placed across such road. Sect. 22 authorizes the Commissioners to make surveys, the expenses to be paid by the Corporation, when organized. Sect. 23 makes this Act subject to any general law, now or hereafter enacted. Sect. 24 authorizes this Company to contract with any other raih'oad Company in this State or New Hampshire, now or hereafter incorporated, whose road may enter on this, to transport persons or goods over said roads, or to lease or sell tlois road to such Company, subject to the terms of this Act. Sect. 2-5 requires this Company to transport the TJ. S. Mail, upon terms, if not agreed, to be established by the Supreme Court. 75* 894 MONTPELIER AND CONNECTICUT RIVER RAILROAD COMPANY. LA.-WS OF 1849, No. 56. An Act to incorporate the Montpelier and Connecticut River Railroad Company. Sect. 1. It is hereby enacted, cj^c. That such persons as shall hereafter become stockholders, are constituted a body corporate, by the name of the Montpelier and Connecticut River Railroad Com- pany, for the purpose and with the right of building a railroad, with a single or double track, from some point in Montpelier, through Plailifield, to some point on Connecticut River, near Wells River, to connect with the Connecticut and Passumpsic Rivers Rail- road ; to transport and carry persons and property on the same, by the power of steam, or otherwise : and by that name may sue and be sued; may have a seal, and shall have all the rights incident to corporations. Sect. 2. If the said corporation shall not, within three years from the passage of this Act, commence the construction of said road, and shall not, within five years complete and put in operation said road, then said company shall be dissolved, and this Act become void. Sect. 3. The capital stock of said company shall be five hun- dred thousand dollars, which may be increased to an amount suffi- cient to complete said road, and furnish all necessary apparatus for conveyance, Avhich shall be divided into shares of one hundred dollars each, and shall be deemed personal property, and be trans- ferable in such manner as said corporation shall, by their by-laws, direct. Sect. 4. R. R. Keith, J. A. Wing, Isaac N. Hall, Joseph Potts, Daniel Baldwin, O. H. Smith, Cyrus J. S. Scott, and Jacob Kent, Jr., shall be commissioners, who shall, within two years, open books for receiving subscriptions to the capital stock of said com- pany, at some convenient place in Montpelier and Newbury, and such other places as said commissioners shall direct ; and thirty days' notice shall be given by said commissioners of the time and place of opening said books, by publishing the same in some public newspaper printed in the county of Washington ; and as soon as one thousand shares of said stock shall be subscribed, they shall give notice in like manner for a meeting of the stockholders, at such time and place as they shall order, for the election of nine directors ; and such election shall then and there be made by such VERMONT. 895 of the stockholders as shall be present, either in person or by proxy, each stockholder being entitled to as many votes as he holds shares ; and said commissioners shall be inspectors of said elec- tion, and shall certify the names of those duly elected, and shall deliver over to said directors the subscription books and other papers ; and said directors shall then proceed to elect from their number a president and vice-president, and so at all subsequent meetings of directors, and the time and place of holding the first meeting of the directors shall be fixed by the commissioners ; and a new election shall be made annually, at such time and place as the directors shall appoint, giving twenty days' notice of the same by publication in a newspaper printed at Montpelier, in said county, and such other papers as they may deem proper; and said directors may cause such examinations and surveys of said road, or any part thereof, to be made as they shall deem necessary, and when said road, or any part thereof, sharll be surveyed, the directors shall certify the same, under their hands and seals, and cause certificates to be recorded in the town clerks' ofiices of each town through which said road is laid, of that portion of said road lying in said town ; and in case any portion of said road should run through an unorganized town or gore, the same shall be recorded in the county clerk's ofiice, where, by law, deeds of said lands are required to be recorded ; which road, so surveyed and certified, shall be deemed the line on which said road is to be constructed, as hereinafter mentioned ; and said corporation may make such alterations, from time to time, in the course of said road, as they shall deem expedient, causing a certificate of the same to be recorded in the office of the town clerk of the town, if organized, if not, in the office of the county clerk, where such alteration is made ; and the expense of such survey, and all incidental expenses rela- thig thereto, shall be paid by such corporation. Sect. 5. The vice-president shall preside at all meetings of the directors, in case of the absence or resignation of the president, and may exercise such powers and functions as the corporation shall by their by-laws provide. Sect. 6. If it should so happen, at any time, that an election of directors should not be made on the day prescribed by this Act, said corporation shall not for that cause, be dissolved ; but the election may be held at any other time provided for by the by- laws of said corporation. Sect. 7. The directors, or such portion of them as their by-laws 896 MONTPELIER AND CONNECTICUT RIVER RAILROAD COMPANY. may direct, shall form a board, competent to transact all the busi- ness of said corporation ; and have power to make and prescribe by-laws and regulations for the proper management and disposition of the stock, property, and etfects of said corporation, and shall have power to appoint a clerk and treasurer, who shall give bonds to said corporation, with surety, to the satisfaction of the directors, in a sum not less than twenty thousand dollars, for the faithful dis- charge of his trust ; and to establish such salaries for the officers of said corporation as they deem proper. And said corporation may, by their agents, surveyors, and engineers enter upon said route, designated as aforesaid, and may enter upon and take pos- session of all such lands and real estate as may be necessary for the construction and maintenance of said railroad, and the requi- site accommodations appertaining thereto; and may enter upon any lands in the vicinity of said road, for the purpose of procuring earth, sand, gravel, 'or stone, for the construction and repairs of said road; and may receive, hold, and take all voluntary grants and donations of real estate, that shall be made to said corporation for the benefit of said company ; and all lands thus entered upon and used by said corporation, which are not gifts or donations, shall be purchased by said corporation of the owner or owners of the same; and in case the parties shall disagree upon the price of such lands, the judges of the county court in which such lands lie, shall ap- point three disinterested commissioners who shall determine the damages which the owner or owners of said lands so entered upon, may have sustained, or shall be likely to sustain, by the occu- pation of the same; and upon the payment of such damages, with the expenses attending the appraisement, (the said commissioners being allowed each two dollars per day while thus employed,) or upon said corporation depositing in any bank in the county where such land lies, to the credit of the person or persons to whom an award may have been made, the amount of said damages, with the expense aforesaid, the proper officers of said bank giving notice to such person or persons, by letter, of such deposit, then said corporation shall be deemed to be seised and possessed of such lands so appraised by said commissioners ; and said commission- ers shall give at least ten days' notice of the time and place of said appraisement, to the owner or occupant of said lands to be appraised, if known, and if not known, by advertising the same three weeks successively in some newspaper printed in the county where such lands lie, the last of which publications to be at least six days be- VERMONT. 897 fore said appraisement, which shall be deemed sufficient notice to the owners thereof; and after the appraisal, they shall, as soon as may be, deliver to said corporation a written statement of the awards by them made, with a description of the lands appraised, which shall, within thirty days, be recorded in the office of the town clerk in the town in which the lands lie, if such town is organized, and if not organized, in the county clerk's office in the county where the lands lie. And in case any owner or owners of lands taken by said company, be married women, infants, idiots, or insane, or unknown, or shall reside without this State, the corporation shall cause the damages to be ascertained in the manner above pre- scribed, and shall pay the amount of the last mentioned damages to the owners respectively, whenever the same shall be lawfully demanded, with the interest, at the rate of six per cent, per annum, which amount and interest shall be a specific lien on the real estate of said corporation, and shall have a preference to any other demands against said corporation. Sect. 8. Should such corporation, or the owners of such lands feel themselves aggrieved by the decision of said commissioners, as aforesaid, either party may, within ninety days from the mak- ing of said decision, and giving notice thereof, or from the removal of the disabilities in the preceding section mentioned, or from the return of such non-resident, appeal to the county court in the county in which such lands or other property lie ; and the decision of said court shall be final, and said court shall tax costs for or against either party, as they shall judge equitable. Sect. 9. Said company may build and use a single or double track upon said road, as they shall determine, and if they should lay a single track, they may at any time thereafter lay a double track on said road. Sect. 10. Toll is granted, for the benefit of said corporation upon all passengers and property which may be carried or transported upon said road, at such rate per mile, as may be established from time to time, by the directors : P?-ovided, the supreme court, at any stated session thereof, held at Montpelier in Washington county, on the application of ten freeholders in any town through which said road passes, may alter and establish the rates of toll upon said road, for a term of time not to exceed six years, at any one time, and in such manner, that the corporation shall not receive less than ten per centum per annum on the amount of capital stock, after deducting all the expenses of the corporation, after the corpo- ration shall commence taking toll on said road. 898 MONTPELIER AND CONNECTICUT PJVEE, RAILROAD COMPANY. Sect. 11. The directors of said corporation may erect toll-houses, establish gates, appoint toll-gatherers, and demand toll upon said road when completed, or upon such parts thereof as shall from time to time be completed, and shall keep just and true books and accounts of all expenditures made in building and keeping in repair said railroad, and also of all the income arising from said road ; which books shall at all times be open to the inspection of any committee of the legislature, or of the supreme court ; and any such committee may examine the officers of said corporation under oath, touching the receipts and expenditures of said corporation. Sect. 12. Said corporation shall keep constantly exposed at all places, where they have toll-houses or gates, and at all public places, where they receive passengers or freight, a sign or hand-bill, with the rates of toll legibly written or printed thereon. Sect. 13. If any person shall maliciously, wilfully, or wantonly obstruct the passage of any carriage on said road, or in any way injure or destroy said road, or any part thereof, or any thing be- longing thereto, or any material or implement employed in the con- struction thereof, or any person aiding, assisting, or abetting in such trespass, shall forfeit and pay to said corporation, for every such offence, such damages as shall be assessed before any court proper to try the same ; and such offender or offenders shall be liable to indictment, by the grand jury of the county within which such trespass shall have been committed, for any offence contrary to the above provisions, and on conviction thereof, before such county court, shall pay a fine, not exceeding one hundred dollars, nor less than twenty dollars, to the use of the State. Sect. 14. If the said railroad shall cross any private way, said corporation shall so construct the same as not to obstruct the safe and convenient use of such private way, and if it shall not be so constructed, the party aggrieved may have an action on the case, in any court proper to try the same, and recover reasonable dam- ages for such injury ; and if said railroad shall cross any highway, the same shall be so constructed as not to hinder, impede, or obstruct the safe and convenient use of said highway ; and said corporation may raise or lower any such highway or private way, so that said railroad, if necessary, may pass over or under the same ; and if said corporation shall raise or lower any such highway or private way, in such manner as to be unsatisfactory to the proprie- tors of such private way, or to the selectmen of the town in which such highway is situated, said proprietors or selectmen may require, in writing, of said corporation, such alteration or amend- VERMONT. 899 ment, as they shall deem necessary ; and if the required alteration or amendment be reasonable and proper, and said corporation shall unnecessarily neglect to make the same, such proprietors or select- men may make the same, and may prosecute to final judgment and execution, in any court proper to try the same, an action of the case, against said corporation, and shall therein recover a rea- sonable indemnity, in damages, for all expenses occasioned by making said alterations, with costs of suit; and if said railroad shall intersect or cross any stream of water or watercourse, said corporation may construct the same across said stream of water or watercourse : Provided^ they restore the same, to its former state, or in a sutficient manner so as not to impair its usefulness ; and said corporation shall constantly maintain in good repair all bridges, with their abutments and embankments, which they may construct for the purpose of conducting said road over any private way or highway, or for conducting such private way or highway over said railroad ; and in default thereof, shall be liable to an action on the case, to pay all damages to any party aggrieved ; and said corporation shall build and maintain a sufficient fence upon each side of their railroad, through the whole route : Pi-o- vided, that nothing in this Act shall be so construed as to prevent the crossing of said railroad, with teams or otherwise, in a manner not calculated to injure the same. Sect. 15. The legislature may, at any time after the expiration of fifty years, from the opening for use of the road, and not before, purchase of the corporation the railroad, and all the property, rights, and privileges thereof, by paying therefor the amount expended in making the same ; and if, at the time of purchase, the corporation shall not have received an income, equal to ten per cent- um per annum, on the original cost, over and above the charges and expenses relating thereto, the legislature shall pay the corporation such additional sum, as together with the tolls and profits of every kind received from the road, will be equal to ten per centum per annum, on the cost of the road, from the date of payment thereof, by the stockholders of the corporation, to the time of pur- chase. Sect. 16. The directors may require payment of the sums sub- scribed to the capital stock, at such times, and in such proportions, and on such conditions, as they shall deem best, under the penalty of forfeiture of all previous payments thereon ; and shall give notice of the payments required, and the time and place where the 900 MONTPELIER AXD CONNECTICUT RIVER RAILROAD COMPANY. same are to be paid, at least thirty days' previous thereto, in a newspaper printed in the county of Washington ; and the corpo- ration may have an action on the case before any court proper to try the same, to recover any assessment on the capital stock, or any balance due on the same. Sect. 17. The commissioners may, at the time of subscription of any person for the capital stock of said corporation, require payment, by the person subscribing, of such sum towards each share as they may deem best, not to exceed fi\re per centum of the capital stock ; and if more, or a greater amount of capital stock, shall be subscribed than the sum of five hundred thousand dollars, the commissioners shall distribute the stock as they shall deem equitable and just. Sect. IS. The office of clerk of said corporation shall be kept in this State, in one of the towns through which said road may pass. Sect. 19. The share or shares of any stockholder shall be liable to attachment, and to be taken on execution, in the same manner as the stock in other corporations in this State are taken and sold. Sect. 20. This Act shall be taken and deemed to be a public Act, and shall be construed favorably and beneficially for all pur- poses for which the same is enacted. Sect. 21. Said corporation shall cause seasonable and proper notice of the approach of any locomotive engine upon the road, to the place where said railroad crosses any highway or private way, upon the same level with said road, and shall cause suitable signs to be placed across said highway or private way, where the same is crossed by said railroad on a level therewith ; and said corpora- tion shall be liable for all damages sustained by any person, by reason of the neglect of the provisions of this section, to be recov- ered in an action on the case by the person sustaining such dam- age. Sect. 22. The said commissioners, provided for by this Act, may cause such preliminary explorations and surveys to be made, as they may deem expedient, and the expenses thereof shall be paid by said corporation, when organized. Sect. 23. This Act shall be subject to any general law respect- ing railroad corporations, that has been or may hereafter be passed. Sect. 24. The said corporation may contract with any other railroad company, which has been, or may hereafter be chartered VERMONT. 901 by the legislature of this State, or New Hampshire, whose road may enter or be connected with the road of this corporation, to do and perform all the transportation of persons and property, upon and over said road or roads, upon such terms and conditions as may be mutually agreed upon by the parties ; and said corpora- tion may also lease or sell their road to any such railroad com- pany, whose road shall enter upon and be connected with the road of this corporation, upon such conditions as shall be mutually agreed upon by the respective parties : Provided^ that the com- pany, to which the road of this corporation shall be sold or leased, shall be subject to the provisions of this Act, so far as the public rights respecting said road are concerned. Sect. 25. Said corporation shall be required to transport upon their said road the United States' mail, by their regular trips; and in case of any disagreement between said corporation and the general government, touching the compensation for the same, the supreme court of this State shall, on application of either party, define and establish the rates of compensation ; which rates shall be binding upon the parties, until altered by said court, upon simi- lar application. Approved, November 13th, 1849. ASCUTXEY EAILROAD COMPANY. INCORPORATED IN VERMONT IN 1849. No. 51 of the Private Acts of 1849 contains the Charter. Sect. 1 grants corporate powers, ■with the right to construct a railroad on the route described, and to transport persons and property thereon. Sect. 2 provides, if the Company do not commence said road within three years, and complete it within five years, that this Act shall be void. Sect. 3 fixes the capital stock at $300,000, which may be increased, to be divided into shares of $100 each. Sect. 4 appoints Commissioners, who shall, within five years, o^jcn books for receiv- ing subscriptions to the stock ; when 500 shares are subscribed, they shall call a meeting of stockholders for choice of Directors, shall preside at their election, and determine who are chosen ; the Directors shall be elected annually, may cause surveys to be made, and locate the road. Sect. 5 authorizes the Directors to choose a President and Vice-President, and to fill vacancies. Sect. 6 provides, if such election of Directors be not held on the day appointed, that the Corporation shall not be dissolved, but it may be held subsequently. 76 902 ASCUTXEY RAILROAD COMPANY. Sect. 7 defines the powers and duties of the Directors ; it empowers the Corpora- tion, by their agents, to enter upon and take possession of lands necessary for the road, first paying therefor damages, if not agreed, to be assessed as therein pro- vided. Sect. 8 gives to either party the right of appeal from such assessment to the County Court, whose decision shall be final. Sect. 9 authorizes the Company to regulate the mode of transportation, to erect toll-houses, and collect tolls; the rates of toll being subject to revision by the Supreme Court. Sect. 10 requires the Company to keep just accounts of receipts and expenditures. Sect. 1 1 requires them to exhibit ptiblicly the rates of toll. Sect. 12 provides, if any person wilfully injure said railroad or appurtenances, that he shall forfeit to the Company treble the damages sustained, and shall be liable to indictment. Sect. 13 provides that said railroad shall be so constructed, w^here it crosses or inter- sects any private way, highway, or watercourse, as not to obstruct or injure the same, the Company being liable for damages caused thereby ; they shall main- tain a sufficient fence on each side of the railroad. Sect. 14 reserves to the Legislature the right, after fifty years from the opening of the road, to purchase it and the property of the Company, by paying its cost and such further sum as, with the net profits, shall equal 10 per cent, per annum interest thereon. Sect. 15 authorizes the Directors to prescribe the time and mode of paying assess- ments on shares, under penalty of forfeiture of previous pajnnents. Sect. 16 requires the Clerk's office to be kept in this State. Sect. 17 authorizes the Company's agents to enter upon lands contiguous to the railroad, to procure materials for its construction, by paying damages to be assessed as before provided. Sect. 18 declares this Act to be a Public Act, to be construed favorably. Sect. 19 requires the Directors to make an annual report to the Legislature. Sect. 20 provides that the Supreme Court shall fix the price for transporting the U. S. Mail. Sect. 21 makes this Act subject to general laws respecting railroads. Sect. 22 provides that this Act shall take effect immediately. Laws of 1849, No. 57. An Act to incorporate the Ascutney Railroad Company. Sect. 1. It is hereby enacted^ ^'c. That Nathaniel Fullerton, Thomas T. Barrett, Abner Field, Roswell Lockwood, Joseph Kid- der, J. Field Chilson, Jason Grout, Charles Barrett, Charles Sher- win, Joseph F. Nichols, N. B. Roundy, Hyren Henry, J. R. Wil- liams, John Dunbar, Roswell Downer, C. INI. Chamberlin, James Weston, Otis Robbins, S. F. Dutton, George F. Davis, and Wil- liam Smith, their associates and successors, are constituted a cor- VERMONT. 903 poratioii, by the name of the Ascutney Railroad Company, for the purpose, and with the right of building a railroad, with a single or double track, from some point on the westerly shore of Connecti- cut River, in Windsor county, on the dividing line between the States of Vermont and New Hampshire, witli the privilege of con- necting with any railroad which may be built in New Hampshire, thence to some point most convenient for connecting with the Rut- land and Burlington Railroad, in the town of Chester or Caven- dish ; to carry persons or property on the said road, by the power of steam or otherwise; and by that name may sue and be sued, have a common seal, and have all the rights incident to corpora- tions. Sect. 2. If tlie company shall not, witiiin three years, commence the construction of said road, and shall not within five years com- plete and put in operation said road, then this corporation shall cease, and this Act be void. Sect. 3. The capital stock of the company shall be three hun- dred thousand dollars, which may be increased by the company to an amount sufficient to complete the road, and furnish carriages and necessary apparatus for the convenient and profitable use of the road ; which capital stock shall be divided into shares of one hundred dollars each, and shall be deemed personal property, and be transferable in such manner as the company shall, by their by- laws, direct. Sect. 4. Nathaniel Fullerton, Thomas T. Barrett, Abner Field, C. M. Chamberlain, Joseph Kidder, Charles Barrett, J. Field Chil- son. Charles Sherwin, Jason Grout, N. B. Roundy, Hyren Henry, J. R. Williams, John Dunbar, Roswell Downer, James Weston, Otis Robbins, S. F. Dutton, George F. Davis, and William Smith, shall be commissioners, who shall within five years, open books for receiving subscriptions to the capital stock of said company, at some convenient place or places in Windsor county, and in such other places as they shall deem proper; and twenty days' notice shall be given by them, of the time and place of opening the said books, by publishing the same in, at least, two newspapers printed in the county of Windsor; and when five hundred shares shall be subscribed, or as soon thereafter as the commissioners shall direct, they may give a like notice for the meeting of the stockhold- ers, at such time and place as the commissioners may appoint, to choose seven directors ; and such election shall then be made by the stockholders who may attend for that purpose, either in person or 904 ASCUTNEY RAILROAD COMPAXY. by proxy, each share of the stock entitHng the stockholder to one vote; and the commissioners shall be inspectors of the first elec- tion of directors, and shall certify the names of those duly elected, and deliver to such directors the books of subscription, and all sums of money deposited with them on all shares subscribed as aforesaid ; and the time and place of the first meeting of the directors shall be fixed by the commissioners; and a new election shall be made annually, at such time and place as the directors shall appoint, giving thirty days' notice thereof, in two newspapers printed in Windsor county, and in such other papers as they may deem proper. The directors may cause such examination and surveys of the said road to be made, as may be necessary to determine upon the best route for a road between the points mentioned ; and the directors, or a majority of them, after such examination and surveys shall be made, shall designate the route which they deem most advanta- geous for the road, between the points aforesaid, and make a certi- ficate thereof, under their hands and seals, and cause the certificate to be recorded in the town clerk's ofiice in each town through which the road shall pass; which route, so designated and certi- fied, shall be the route on which the company shall construct and make their track ; and the corporation may, from time to time, make such alterations in the course of the road as they may deem expedient, causing the certificate of the same to be recorded in the office of the town clerk of each town in which the alteration is made ; the expenses of which surveys, and all incidental expenses relating thereto, shall be paid by the corporation. Sect. 5. The directors shall elect from their own number a pre- sident and vice president; and the president, or in his absence, death, or inability, the vice-president, shall preside at all the meet- ings of the directors and stockholders; and in case of the death or resignation of the president or any director, the vacancy may be filled for the remainder of the year, by such person, being a stock- holder, as the directors shall choose. Sect. G. If any election of directors should not be made on any day, as provided in this Act, the company shall not thereby be dis- solved, but such an election shall be made at any other time directed by the by-laws of the company ; and the old directors shall hold their offices until others are chosen in their stead. Sect. 7. Five directors shall form a board competent to transact all the business of the company ; and they may make such by-laws and regulations as may be necessary for the management and disposi- VERMONT. 905 tion of the stock, property, and effects of the corporation, the trans- fer of shares, the duties and conduct of their officers and servants, the election of directors, and for all other matters relating to the company, and may appoint a clerk and treasurer, and fix their salaries, and the salary of the president, and all other officers and servants of the company. The treasurer shall give bonds to the corporation, with sureties, to the satisfaction of the directors, for the faithful discharge of his trust. The corporation, by their offi- cers and servants, may enter upon the route, so designated for said road, to layout the road through the whole of the route; and enter upon, take possession of, and use, all such land and real estate as may be necessary for the construction and maintenance of their railroad, and for the requisite accommodation of the same, and may take and hold all such grants and donations of real estate as may be made to the company, for their use and benefit ; and all lands thus entered upon, which are not gifts, shall be purchased by the corporation of the owner or owners of the same ; and if the parties disagree upon the price of said lands, and before mak- ing any portion of the road upon said lands, the judges of the county court for the county of Windsor, shall, upon the petition of the corporation, appoint three disinterested commissioners, who shall determine the damages which the owner or owners of said lands, thus entered upon, may have sustained, or shall be likely to sustain, by the occupation of the same; and upon payment of such damages, with the expenses attending the same, the commis- sioners being allowed three dollars per day each while thus em- ployed, or upon said corporation depositing in any bank in Wind- sor county, to the credit of the person or persons to whom an award may have been made, the amount of such damages, and paying the expenses of said appraisal, the proper officers of said bank giving notice, to such person or persons, of such deposit, by letter, then the corporation shall be deemed to be seised of such lands. The commissioners shall give three days' notice to the occupants or owners of the lands to be appraised, of the time and place, when and where, they will attend to such appraisal ; and when such appraisal is made, they shall deliver to said corporation a written statement of the same, with a description of the land so by them appraised, which, the corporation shall within sixty days thereafter, cause to be recorded in the town clerk's oflice in the town in which such lands lie ; and in case the owner of lands taken by the company, shall be a married woman, an infant, idiot, or 76 * 906 ASCUTXET RAILROAD COMPANY. insane, or shall not reside in this State, then the company shall cause the damages to be determined in the manner above described, and shall pay the same to the owners last above mentioned, when the same shall be lawfully demanded, with the interest thereon at the rate of six per centum per annum ; which said damages, and the interest thereon, shall be a specific lien upon the real estate of said company, and shall be preferred before any other demand against said company. Sect. S. The corporation, or the owner of such lands or mate- rials, feeling aggrieved by the decision of the commissioners, either party may, within ninety days from the making of such decision, appeal to the county court, in the county of Windsor, by lodging with the county clerk a written appeal from such decision, and serving a copy of such appeal upon the adverse party ; and the decision of the judges of the county court, upon such appeal and appraisal, shall be final, and said court may tax costs to either party, as may be just. Sect. 9. The company may regulate the time aftd manner in which passengers and property shall be transported on their rail- road, and may erect and maintain toll-houses and other buildings for their accommodation, and the convenient use of the road, as they may deem suitable; and may collect and receive toll and charges for the transportation of persons and property on said road, at such rate per mile as may from time to time be fixed by the corpora- tion : Provided, that the supreme court, at any stated session thereof, held in the county of Windsor, on application of ten free- holders, in any town through which said road shall pass, may alter or establish the rate of toll upon said road, for a term of time not exceeding ten years at any one time, and in such manner that the corporation shall receive not less than ten per centum per annum, on the amount of capital stock, after deducting all the expenses of the corporation, after said corporation shall commence taking toll on said road. Sect. 10. The corporation shall keep just and true books and accounts, of all expenses incurred in surveying, building, and keep- ing in repair the said railroad, and also all the income arising from the same ; which books and accounts shall at all times be open to the inspection of any committee of the legislature, or of the supreme court: and any such committee may examine the officers of the corporation, under oath, as to their receipts and expenses. Sect. 11. The corporation shall keep constantly exposed to view, VERMONT. 907 at all places wliere they have toll-houses or gates, and at all public places where they receive passengers and freight, a sign or hand- bill, with the rates of toll legibly written or printed thereon. Sect, 12. If any person shall wilfully obstruct the passage on the said road, or in any way injure or destroy the same, or any part thereof, or any building, engine, machine, work, or any thing belonging to said road, or any material or implement used in the construction thereof, or shall assist, aid, or abet in such act or acts, he shall forfeit and pay to the corporation treble the amount of damages sustained by reason of such offence, to be recovered in the name of the company, with costs, by an action of debt, and shall be liable to indictment by the grand jury of the county of Wind- sor for such offence, and on conviction thereof, before said county court, shall be punished as for a misdemeanor, or pay a fine not exceeding one hundred dollars, and not less than thirty dollars, in the discretion of the court, to the use of the State. Sect. 13. If the railroad shall cross any private way, the cor- poration shall so construct their road as not to obstruct the safe and convenient use of said private way ; and if the said road shall not be so constructed, the party aggrieved may have an action on the case, in any court proper to try the same, and recover reason- able damages for such injury ; and if the said railroad shall cross any highway, the same shall be so constructed as not to impede or obstruct the safe and convenient use of such highway; and the corporation may raise or lower such highway or private way, so that the railroad may, if necessary, pass over or under the same ; and if the corporation shall raise or lower any such highway or pri- vate way, in such manner as shall not be satisfactory to the select- men of the town in which the same is situated, such selectmen may require, in writing, of the corporation, such alteration or amendment, as they may think necessary ; and if the required alter- ation or amendment be reasonable and proper, and the corporation shall unnecessarily neglect to make tlie same, such selectmen may have an action on the case against said corporation, in any court proper to try the same, and shall therein recover all damages which may be sustained, or shall be likely to be sustained, by rea- son of such neglect, with costs of suit; and if the said railroad shall intersect or cross any stream of water, or watercourse, the corporation may construct the same across such stream or water- course : Provided, they restore the same, as near as practicable, to its former state and usefulness. And the corporation shall build 908 ASCUTNEY RAILROAD COMPANY. and maintain a sufficient fence on each side of their railroad, through its whole route, where a fence is necessary, for the own- ers or occupants of the adjacent lands : Provided, that nothing in this Act shall be so construed as to prevent the crossing of said railroad with teams or otherwise, in a manner not calculated to injure the same. Sect. 14. The legislature may, at any time, after the expiration of fifty years from the opening of the road for use, and not before, purchase of the corporation the railroad, and all the property, rights, and privileges thereof, by paying therefor the amount expended in making the same, the expense of repair, and all other expenses relating thereto; and if, at the time of purchase, the cor- poration shall not have received an income equal to ten per centum per annum on the original cost, over and above the charges and expenses relating thereto, the legislature shall pay the corpora- tion such additional sum, as, together with the tolls and profits of every kind received from the road, will be equal to ten per centum per annum on the cost of the road, from the date of the payment thereof by the stockholders of the corporation to the time of such purchase. Sect. 15. The directors of the company may require payment of the sums subscribed to the capital stock, in such proportions, and at such times as they shall deem best, not exceeding ten dol- lars at one time, and one hundred dollars upon any one share, under the penalty of the forfeiture of all previous payments there- on; and when the directors shall require the payment of any por- tion of the capital stock of said company, they shall give at least thirty days' notice of the time and place of such payment, by publishing the same in at least two newspapers in the county of Windsor, and such other places as they may deem proper. Sect. 16. The office of the clerk of said corporation shall be kept in this State. Sect. 17. The company may, by their engineers, agents, or workmen, with such teams, carriages, and tools as they may find convenient, enter upon any lands contiguous to the road, or the work connected therewith, to dig, blast, carry away, and use such stone, gravel, and earth, as may be necessary for building or repair- ing the road, doing thereby as little damage as the nature of the case will permit; and in case damage shall be claimed by the owner of the lands thus entered upon, and for the stone, gravel, and earth thus carried away, and the owner and the company do VERMONT. 909 not agree upon the sum to be paid therefor, the same shall be assessed by commissioners, in the manner before prescribed in this Act; and either the company or the owner, feeUng aggrieved, may appeal as aforesaid. Sect. 18. This Act shall be deemed to be a public Act, and shall be construed favorably and beneficially for all the purposes for which it is intended. Sect. 19. The directors shall, annually, on or before the third Tuesday of October, make a report to the legislature, of their pro- ceedings, receipts, and expenditures ; and their books shall, at all times, be open to the inspection of a committee of the legislature appointed for that purpose. Sect. 20. The supreme court shall, on application for that pur- pose, fix the price for which the United States' mail shall be trans- ported to and from any different points on said road; which shall continue to be the price, for which said company shall transport said mail, until the same shall be diminished or increased by said court, which they may do, on application for that purpose. Sect. 21. This corporation shall be subject to any general law respecting railroad corporations, which shall hereafter be passed, not inconsistent with the express provisions of this Act. Sect. 22. This Act shall take effect from its passage. Approved^ November 13th, 1849. GENERAL LAWS OF VERMONT, RESPECTING RAILROAD AND OTHER CORPORATIONS. Chapter 79 of the Revised Statutes, contains provisions respecting Private Corporations. Sect. 1 defines the name " Private Corporation." Sect. 2 declares the capital stock thereof to be personal property. Sect. 3 directs how such stock may be attached and sold on execution. Sect. 4 requires every such Corporation to have a Clerk residing in this State, under a penalty. Sect. 5 requires such Clerk to have custody of the records, and to exhibit them to any shareholder, or to any creditor of such shareholder. Sect. 6 prescribes the penalty, if the Clerk shall violate the provisions of Section 5. Sect. 7 requires every Corporation to keep a record of their number of shares, and the owners thereof. Sect. 8 makes such capital stock, however held, liable for the debts of the Corpo- ration. Sect. 9 directs the mode of selling shares of stockholders, who fail to pay their assessments. 910 GENERAL LAWS CONCERNING RAILROADS. Sects. 10, 11, 12, 13, 14, and 15 relate exclusively to Turnpilce Corporations. Sect. 16 defines the term " Clerk of a Corporation" as used in this Act. Sect. 17 provides that Corporations, whose charters shall expire, may continue in existence for three years thereafter, for the purpose of closing their affairs. Sect. 18 provides for the appointment of receivers of a Corporation, -whose charter has expired. Sect. 19 gives to the Court of Chancery power to make all necessary decrees. Sect. 20 directs how such receivers shaU conduct their proceedings. Sect. 21 provides that an attachment of corporate property, made by a creditor, shall take precedence of one made by a Director in such Corporation, though subse- quent in point of time. No. 22 of the Public Acts of 1846 contains an Act in relation to Railroads. Sect. 1 provides, when the title or claim to land necessary for the construction of a raih-oad is in dispute, that a petition may be presented to the chancellor of such district, who may order the amount of damages awarded, to be deposited in some bank, or with the clerk of the court. Sect. 2 provides that no final decree shall be made in such case, until notice has been given. Sect. 3 directs the Commissioners to appraise damages done to a particular estate. Sect. 4 provides that the title to such lands shall vest in the Corporation, on such deposit being made. Sect. 5 authorizes such sums to be invested, upon the chancellor's order, if they remain for six months undemanded. Sect. 6 dispenses with notice to non-resident owners of unoccupied lands. Sect. 7 provides, if the location of a railroad be changed, that the land first located upon, shall revert to the owner, and damages for the second location shall be awarded equitably, the Corporation paying costs in case of an appeal, and causing the new location to be recorded. Sect. 8 directs notice to be given to the Selectmen of a town, when the railroad shall be laid out by the side of a highway, and how damages shall be assessed. Sect. 9 requires three days' notice to be given to land owners. Sect. 10 provides that this Act shall take effect immediately. No. 22 of the Public Acts of 1847 contains an Act relating to Railroads. Sect. 1 authorizes all railroad Companies, incorporated in this State to make con- tracts with railroad Companies of other States, and to hold real and personal estate. Sect. 2 authorizes railroad Companies in this State to connect with each other, or with those in other States, on terms agreed upon ; also to take lands subject to the provisions of their charters. No. 23 of the Public Acts of 1847 contains An Act for tlie punishment of the malicious obstruction of Railroads. Sect. 1 provides, if any person wilfully obstruct any railroad, or remove or destroy any part thereof, that he shall be punished as therein mentioned. VERMONT. 911 Sect. 2 enacts that, if any person shall suffer bodily injury from such obstruction, this shall constitute an aggravation of the offence. Sect. 3 provides, if any person shall be killed by such obstruction or injury to a railroad, that the offender shall be deemed guilty of manslaughter. No. 54 of the Public Laws of 1848 contains Resolutions authorizing the ajipointinent of Commissioners to prepare a general law governing Railroad Companies. No. 13 of the Public Acts of 18-49 contains an Act conceriiing Railroad Corporations. Sect. 1 provides, where land or materials have been taken for the construction of a railroad, and whenever damage has been occasioned to land owners, and payment has not been made, or the damages have not been appraised, within two years from the time of taking, that the courts of law shall have jurisdiction thereof, and the plaintiff may recover his 'actual damages. Sect. 2 provides that this Act shall take effect immediately. No. 4:1 of the Public Laics of 1849 contains an Act in relation to Railroad Corporations, having numerous important provisions. Sect. 1 declares all railroad Companies, now or hereafter incorporated in this State, to be subject to the provisions of this Act, when not inconsistent with their charters. Sect. 2 requires public notice to be given, as therein provided, before a petition, for granting or extending the charter of any railroad Company, shall be acted upon. Sect. 3 directs what description of the route shall be contained in every charter. Sect. 4 provides that each Company shall have not less than five Directors, who shall choose a President, Treasurer, Clerk, and other necessary officers. Sect. 5 gives to each member one vote for every share held by him, but not beyond one tenth of the whole number, and prescribes the manner of calling meetings. Sect. 6 provides that any meeting for choice of Directors may be held within ninety days from the time ajppointed in the by-laws. Sect. 7 defines stock in railroad Corporations to be personal property, transferable according to the by-laws, and provides for its attachment and sale mider legal process, according to Chapter 79, Revised Statutes. Sect. 8 prescribes the mode of receiving subscriptions, and of distributing the stock. Sect. 9 requires every subscriber for stock, at the time of subscribing, to pay $5 on each share, and, if requested, to give security for the payment of $15 more on each share ; all sums to be payable according to the terms of subscription. Sect. 10 provides that the Commissioners, after the stock is subscribed, shall call a meeting of stockholders, for choice of Directors, preside at the election, declare who are chosen, and fix the time for their first meeting ; a new election shall be held annually, at the time appointed in the by-laws or by the Directors. Sect. 11 authorizes Directors to make equal assessments on shares, prescribe the time and mode of pajTnent, and to sell the shares for non-payment thereof as therein provided. Sect. 12 empowers every railroad Corporation to lay out its road, not exceeding five rods wide, and to take sufficient land therefor, as in this chapter provided. Sect. 13 authorizes such Corporation to purchase or take lands or materials, neces- 912 GENERAL LAWS CONCERNING RAILROADS. sai-y for building its road, also water, and the right to use the same, bj- paying damages, if not agreed, to be assessed as provided in Section 15 of this Act. Sect. 1-1 provides that land or materials shall not be so taken, without the owner's consent, unless the limits shall have been first fixed by said Commissioners. Sect. 15 prescribes the mode of assessing land damages. Sect. 16 gives an appeal from the decision of the Commissioners. Sect. 17 requires the Corporation, before an appraisal, to furnish a description of the property taken. Sect. 18 provides for assessment of damages, where the title to land is in dispute. Sect. 19 directs what notice shall be given, before a iinal decree shall be entered in such case. Sect. 20 provides that, on deposit of the damages awarded, the title to said lands shall vest in the Corporation. Sect. 21 prescribes the form of notice to owners of unoccupied lands. Sect. 22 authorizes a Corporation to change the location of their road, as therein provided. Sect. 23 provides for the apportionment of damages, when the location is changed. Sect. 24 provides, where damages have been awarded but not paid, and the location is changed, that the land, first located upon, shall revert to the owner. Sect. 25 authorizes such Corporations to enter upon lands, to make surveys of the route. Sect. 26 provides for laying out turnpike roads across railroads, without injury to them. Sect. 27 directs the form of proceedings, where a railroad crosses any public road. Sect. 28 authorizes the raising, lowering, or altering the course of highways crossed by railroads. Sect. 29 has further provisions as to the mode of taking lands. Sect. 30 requires such alterations in the route to be recorded in the to-nii clerk's office. Sect. 31 provides that the course of a railroad may be raised, if within the limits fixed in the charter. Sect. 32 gives the Commissioners power to authorize a location to be made, or to change an existing location. Sect. 33 requires the location to be filed with the town clerk of each town. Sect. 3-i empowers such Corporations to lease their roads to, or connect with, other Companies. Sect. 35 affixes a penalty for injury to any railroad or appurtenances. Sect. 36 affixes a penalty for obstructing a railroad or removing any part thereof. Sect. 37 provides that such ofi'ender shall be guilty of a misdemeanor, and shall be liable to pay double the damages sustained. Sect. 38 requires that a bell be placed on each locomotive engine. Sect. 39 requires a sign to be placed at each crossing. Sect. 40 prescribes the penalty for neglect of the provisions of the two preceding Sections. Sect. 41 requires the Directors of each Company to make an annual report to the Legislature. Sect. 42 authorizes every Corporation to establish rates of toll, subject to reduction as therein provided. Sect. 43 reserves to the State the right to purchase the franchise and property of any such Corporation, at the end of twenty years from the opening of the road. VERMONT. 913 Sect. 44 requires every Company to erect fences on the sides of their roads, and cattle guards at crossings. Sect. 45 provides that the land owner, "when he has been paid for building such fence, shall maintain it. Sect. 46 authorizes the Commissioners to determine the number and manner of fence crossings. Sect. 47 prescribes a penalty to the owner of beasts, found going at large within the limits of any railroad. Sect. 48 prohibits any locomotive, or other power, to be used on any railroad, except that used by the Company. Sect. 49 requires all Companies to transport on their roads, the passengers and freight of other roads authorized to unite with their roads, upon terms, if not agreed, to be prescribed. Sect. 50 provides that the Commissioners shall also determine the periods at which cars shall be so run. Sect. 51 provides for the compensation of said Commissioners. Sect. 52 authorizes one railroad to cross the track of another road. Sect. 53 requires every Company to take security for the fulfilment of all contracts in constructing their roads, and renders the Company liable to day laborers employ- ed by the contractors, if notified, in writing, within forty days after the perform- ance of their labor. Sect. 54 prescribes a penalty against any conductor of cars, for intoxication. Sect. 55 requires every such Company to transport the U. S. mail, on terms, if not agreed, to be arranged. Sect. 56 provides for the sale of unclaimed goods, to pay their charges. Sect. 57 authorizes conductors to eject persons from cars, for disorderly conduct, or failure to pay their fares. Sect. 58 requires all officers to wear a badge of office, before they can perform their duties. Sect. 59 directs the mode of arranging passenger cars, and renders officers liable for non-compliance therewith. Sect. 60 provides that any officer, guilty of negligence, shall be liable for the con- sequences, without affecting any remedy against the Corporation. Sect. 6 1 makes the Corporation liable for damages, resulting from fire communicated by the locomotive engmes. Sect. 62 allows each Corporation to insure any property, along the route of their road, against this risk. Sect. 63 makes every Company a body corporate, after the passage of this Act of incorporation, to enforce payment of subscriptions, and the performance of con- tracts. Sect. 64 forbids the issue of shares for less than the original par value, unless all the stockholders, in writing, consent thereto. Sect. 65 declares this Act subject to amendment or repeal. Sect. 66 provides that this Act shall not affect existing rights. 77 914 GENERAL LAWS CONCERNING RAILROADS. Revised Statutes, Chap. 79. Of private Corporations. Sect. 1. The term " private corporations," as used in this chapter, shall be construed to mean any corporation created for the purpose of making a turnpike road, railroad, or canal, for carrying on any branch of manufacture, for mining, for improving the navi- gation of any stream or other waters, for building wharves or storehouses, for building or using steamboats or other vessels, for the purposes of banking or insurance, and all other corporations, which, from their object, suppose a division of profits among the stockholders. Sect. 2. The capital stock of all private corporations shall be deemed personal estate, for all purposes, and the stock in any such corporation may be transferred in the manner provided by its by- laws. Sect. 3. When any share of such capital stock shall be attach- ed, a copy of the attachment shall be left with the clerk of the corporation, and such stock may be taken and sold on execution in the same manner as other personal property, the purchaser causing an attested copy of the execution, and officers' return thereon, to be left with the clerk of such corporation, within twelve days after such sale, and the title of the stock so sold, shall vest in the purchaser. Sect. 4. If any private corporation shall refuse or neglect, for the term of six months, to appoint and have a clerk residing in this State, such corporation shall, for such refusal or neglect, forfeit and pay the sum of fifty dollars, for every such offence, to the person injured, to be recovered in an action on the case. Sect. 5. The clerk of every such corporation shall, at all times, have the custody of all the by-laws and records of such corpora- tion, and shall, at all proper and seasonable times, exhibit and show the same to the owner of any share of the stock of such corporation, his agent or attorney, or to any creditor of such owner, his agent or attorney, on demand, and give certified copies of such by-laws and records, when required, and a reasonable compensa- tion therefor tendered to such clerk. Sect. 6. If any such clerk shall wilfully neglect or refuse to exhibit and show any such by-laws and records in his possession. VEliMONT. • 915 he shall forfeit and pay to the person injured the sum of ten dol- lars, for every twenty four hours such clerk shall so neglect or refuse, to be recovered in an action on the case. Sect. 7. Every private corporation shall, by its clerk, make and keep a record of all its corporate doings, in which the several shares of the capital stock of such corporation shall be designated by numbers, and also a record of the name of each owner of such stock, and the number and description of the shares of such owner. Sect. 8. The capital stock of any private corporation, whether owned by such corporation or individuals, shall be liable to and held by attachments, and may be taken and sold on execution against such corporation. Sect. 9. When any proprietor in any private corporation shall neglect or refuse to pay any tax or assessment, duly laid or assess- ed by such corporation, agreeably to the by-laws thereof, the trea- surer may sell, by public auction, the shares of such delinquent, under such regulations as the corporation, by its by-laws, may direct; and the purchaser, on producing a certificate of such sale, from the treasurer, to the clerk of such corporation, with the num- ber of such share so sold, and causing the same to be recorded by the clerk, shall thereupon be the proprietor thereof, and the excess, if any, after paying such tax or assessment and all proper charges, shall be paid by the treasurer to such delinquent, on demand. Sect. 16. The term " clerk of a corporation," as used in this chapter, shall be construed to mean the recording officer, whether he be styled clerk, secretary, cashier, or however designated, and the term " treasurer," as used in this chapter, shall be construed to mean the officer, who has the care and custody of the funds of such corporation, by whatever name he may be designated. Sect. 17. All corporations, whose charters shall expire by their own limitation, or shall be annulled, by forfeiture or otherwise, shall nevertheless be continued bodies corporate for the term of three years after the time when they shall have been so dissolved, for the purpose of prosecuting or defending suits by or against them, and of enabling them gradually to settle and close their concerns, to dispose of and convey their property, and to divide their capital stock, but not for the purpose of continuing the busi- ness, for which such corporations have been or may be established. Sect. 18. When the charter of any corporation shall expire or be annulled, as provided in the preceding section, the court of 916 GENERAL LAWS CONCERNING RAILROADS. chancery, on the application of any creditor of such corporation, or of any stockholder or member thereof, at any time within the said three years, may appoint one or more persons to be receivers or trustees of and for such corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, with power to prosecute and defend, in the name of the corporation or otherwise, all such suits as may be necessary and proper for the purposes aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by such corporation, if in being, that may be neces- sary for the final settlement of the unfinished business of the cor- poration, and the powers of such receivers may be continued beyond the said three years, and so long as the court shall judge necessary for the purposes aforesaid. Sect. 19. The court of chancery may make all such orders, injunctions and decrees, necessary to carry into effect the provi- sions of the two preceding sections, as justice and equity shall require. Sect. 20. Such receivers shall pay all debts due from the corpo- ration, if the funds in their hands shall be sufficient therefor, and if not, they shall distribute the same ratably among all the credit- ors, who shall prove their debts in the manner that shall be direct- ed by any order or decree of the court for that purpose, and, if there shall be any balance remaining after the payment of said debts, the receivers shall distribute and pay the same to and among those who shall be justly entitled thereto, as having been stock- holders or members of the corporation, or their legal represent- atives. Sect. 21. When the property of any private corporation shall be attached on a writ in favor of a person, who is a director of such corporation, and the same property shall be afterwards attached at the suit of another creditor of the same corporation who is not a director, and before the time when by law the first attachment should be returned, the attachment so made by such director shall be postponed, and such subsequent attachment shall hold the pro- perty against the attachment of such director. La-ws of 1846, No. 22. An Act in relation to Railroads. Sect. 1. It is hereby enacted^ fyc. That whenever any railroad VERMONT. 917 corporation, which has been, or may be chartered, shall reqnire, either for road-way or bnilding materials, any lands, the owner or owners of which are imknown, or where there are conflicting claims to the title, or where such lands are encumbered by mort- gages, attachments, or the levy of execution, or otherwise, (the time of redemption not having expired) such corporation, after having the damages appraised by the commissioners, may, if they think fit, apply by petition to the chancellor of the judicial district in which such lands are situated, setting forth all the circumstances of the case, and such chancellor may, in his discretion, order the damages, awarded by the commissioners, to be deposited with the clerk of the court, or in some bank in the county where such land is situated, subject to the order of such person or persons as said chancellor shall decide to be legally and equitably entitled to the same; or subject to the future order of the chancellor of said dis- trict. Sect. 2. No final decree shall be made in such case, until rea- sonable notice shall have been given to all persons interested, where they are known, and resident in this State, of the filing of such petition ; and where the owners are unknown, or reside with- out this State, such notice shall be given as such chancellor shall order, by publication or otherwise. Sect. 3. Whenever, for the purposes aforesaid, any such corpo- ration shall require lands subject to dower, or to an estate for life, or years, the commissioners shall appraise the damages to such right of dower, or other estate for life, or for years, and also the damages to the reversionary interest. Sect. 4. On the deposit of the damages awarded under the order of a chancellor, the title to such lands shall vest in such corpora- tion, subject to the right of appeal as in other cases. Sect. 5. Whenever any such sum, so deposited, shall remain for six months undemanded, the chancellor may order the same invested for the benefit of those interested. Sect. 6. No notice shall be required to be given of the appraisal of unoccupied lands, unless the owner or owners shall reside in this State. Sect. 7. Whenever a railroad corporation shall have paid, or become liable to pay, land damages for the location of their road, and shall afterwards change such location, and occupy other lands of the same land owner, to whom damages shall have been paid or awarded, such lands, first located upon, shall, on the comple- 77* 918 GENERAL LAWS CONCERNING RAILROADS. tion of such second location, revert absolutely to such land owner; and on such subsequent location, the commissioners shall award no other or greater damages, than under all the circumstances shall be just and equitable: Provided^ that in case the damages on the first location shall have been assessed bj'- the commission- ers, and an appeal taken thereupon, such corporation shall pay the costs that may have accrued in such appeal, and cause their new location to be recorded, before they shall be allowed to take any benefit of this section. Sect. S. Whenever it shall become necessary for any railroad corporation to layout their road upon, or by the side of any public highway, (except turnpikes) except for crossing the same, or upon any bridge owned by the town, said corporation shall give notice of their intention to one of the selectmen of the town in which such highway is situated ; and if such railroad corporation cannot agree with the selectmen of such town, on some road to be worked, or bridge to be built by said railroad corporation, in lieu of such highway or bridge so occupied, or on the amount of damages to such town, the commissioners appointed to appraise the land dam- ages for such railroad corporation in the county, shall order such railroad corporation to build such road or bridge, as a substitute for the highway or bridge so located upon, as the just rights of the town and the public interest shall require; and upon the building of the bridge or road so ordered to be built, by the commissioners, the said public road or bridge, so located upon, shall vest in the said railroad corporation: Provided^ that either party shall have the same right of appeal, as is provided in case of land damages, in the Act of incorporation of said railroad corporation. Sect. 9. The notice to land owners, required to be given by the commissioners appointed to appraise land damages, shall hereafter, in all cases, be three days ; and neither the land owner, nor the railroad corporation shall be required to attempt to agree on the amount of damages, unless they think fit. Sect. 10. This Act shall take effect from its passage. Approved, November 3, 1S46. Laws of 1847, Xo. 22. An Act in relation to Railroads. Sect. 1. It is hereby enacted^ 6,*c. That all railroad companies incorporated, or which may be incorporated, under the authority VERMONT. 919 of this State, shall have power to make contracts and arrange- ments with each other, and w^ith railroad corporations of other States, for leasing or running their roads, or any part thereof; and also to contract for, and hold, in fee simple, or otherwise, lands or buildings in this, or other States, for depot purposes, and storing freights; and also to purchase and hold such personal property as shall be necessary and convenient, for carrying into effect the object of this Act. Sect. 2. Railroad companies incorporated, or which may be incorporated as aforesaid, shall have the right of connecting with each other, and with the railroads of other States, on such terms as shall be mutually agreed upon by the corporations interested in such connection; and may enter upon and take lands, so far as may be necessary for depot accommodations; subject to all the provisions and conditions of their several Acts of incorporation. Approved^ November 6, 1847. Laws of 1847, No. 23. An Act for the prevention and punishment of the -wilful and malicious obstruction of Railroads. Sect. 1. It is hereby enacted, ^'c. That if any person shall, wil- fully and maliciously, displace or remove any railway-switch or rail of any railroad, or shall break down, rip up, injure or destroy any railroad track, or railroad bridge, or any portion thereof, or place any obstruction, whatever, on any such rail, or railroad track or bridge, with intent that any person or property passing on and over such railroad, should be injured thereby, and thereby shall put in jeopardy human life, every such person, so offending, shall be punished by confinement to hard labor in the State prison, for a period not less than two years, according to the degree and aggravation of the offence. Sect. 2. If, in consequence of any such wilful and malicious displacing, removal, breaking down, ripping up, injuring, destroy- ing, or placing any obstruction, as in the preceding section men- tioned, with the intent therein set forth, any person, passing on and over such railroad, shall actually suffer any bodily harm, or any property shall be injured, such actual suffering or injury shall be taken and adjudged as an additional aggravation of the offence, and the person offending shall be punished accordingly, by such 920 GENERAL LAWS COXCERNING RAILROADS. further confinement to hard labor in the State prison, as the cir- cumstances of the case may demand. Sect. 3. If any person shall, wilfully and maliciously, displace or remove any railway-switch, or rail of any railroad, or shall break down, or rip np, injure, or destroy any railroad track, or railroad bridge, or any portion thereof, or place any obstruction, whatever, on any such rail, or railroad track, or bridge, with intent that any person or property, passing on and over such railroad, should be injured thereby, and if, in consequence thereof, any person is killed, or the life of any person is lost, every person so offending, shall be deemed and taken to be guilty of manslaughter, and shall be liable to be indicted and tried for the crime of manslaughter. Approved. November 11, 1847. Latts of 1848, No. 54. Resolution authorizing the Governor to appoint Commissioners to digest and pre- pare a General Law relating to Railroad Corporations. Resolved, S^-c. That the Governor appoint three competent per- sons, whose duty it shall be to digest and prepare a general law, regulating and governing all railroad companies which now are, and which shall hereafter be, incorporated by the legislature, and report to its next session. Laws of 1849, No. 13. An Act concerning Railroad Corporations. Sect. 1. It is hereby enacted, ^'c. That in every case where a railroad company have entered upon, taken possession of, and used land and real estate for the construction and accommodation of their railroad ; and in every case where a railroad company have, by their engineers, agents or servants, with teams, carriages and tools, or otherwise, entered upon land contiguous to their railroad, or the works connected therewith, and dug, blasted, and carried away, and used, any stone, gravel or earth, or taken any other materials to use in the construction of their road, and shall not have paid the owner therefor, nor, within two years from such entry, had the damages appraised by commissioners, and an award made and duly delivered, the ordinary courts of law shall have jurisdiction thereof, to wit : justices of the peace, if the claim does VERMONT. 921 not exceed one hundred dollars, and the county court, if the claim is over one hundred dollars ; and any person claiming damages in such case, may bring suit therefor, in the usual form, at any time within six years from such entry; and a plea or notice of justifica- tion of the entry, under or by virtue of the Act incorporating such company, shall not bar the suit, but the plaintiff, in any such case, shall recover only his actual damages. Sect. 2. This Act shall take effect from its passage. Approved, November 10, 1S49. Laws of 1849, No. 41. An Act in relation to Railroad Corporations. Sect. 1. li is hereby enacted, ij'c- That all railroad companies, that have been, or that shall hereafter be incorporated, under the authority of this State, shall have all the powers and privileges, and be subject to all the duties, liabilities, and other provisions contain- ed in this Act respecting such corporations, so far as the same are consistent with their respective charters. Sect. 2. No petition or bill, for the establishment of any rail- road corporation, or for extending the grant or charter of any such corporation, shall be acted upon, luiless notice thereof shall have been published in a newspaper, or two newspapers, if so many there shall be, printed in each of the counties in which such rail- road, or the extension thereof, shall be located or proposed to be located, which notices shall be published three weeks successively in each of said papers, and the last publication shall be at least three weeks previous to the session of the General Assembly, to which said petition or bill shall be presented ; and if no newspaper be printed in such county, then the publication shall be made as aforesaid, in some newspaper printed in an adjoining county. Sect. 3. Every Act of incorporation for a railroad company, shall confine the road within the limits indicated by the notice required in the preceding section, shall specify the several towns through which the same may pass, and shall otherwise designate the route on which the road may be authorized to be made, with as much certainty as the nature of each case will admit. Sect. 4. The immediate government and direction of the affairs of every such corporation, shall be vested in a board of not less than five directors, who shall be chosen by the members of the 922 GENERAL LAWS GOXCERXIXCx RAILROADS. corporation, in the manner hereinafter provided, and shall hold their offices until others shall be duly elected in their places: and the said directors shall elect one of their own number to be presi- dent of the board, who shall also be president of the corporation ; and they may also choose a clerk, who shall reside and keep his office in this State, and who shall be sworn to the faithful discharge oi his dntv. and a treasurer, and also such subordinate officers as the company, by its by-laws, may designate, who shall give bonds to the corporation, in such sum as shall lie required by the by-laws, for the faithful discharge of the duties of their office. A majority of the directors shall form a board, and shall be competent to transact the business of the company. Sect. 5. At all meetings of the corporation, each member shall be entitled to one vote for each share held by him : Provided, that he shall not be entitled to any vote, for any shares beyond one tenth part of the whole number of shares of the stock of such cor- poration ; and all meetings shall be called and notified in such manner as shall be provided in the by-laws of such corporation. Sect. 6. In case it shall happen at any time, that an election of directors shall not be made on the day designated in the by-laws of any railroad company, when it ought to have been made, the company for that reason shall not be dissolved, if, within ninety days thereafter, they shall hold an election for directors in such manner as shall be provided for by the said by-laws. Sect. 7. The shares in the capital stock of any railroad corpo- ration shall be deemed personal estate, and may be transferred by any conveyance in writing, in tlie manner provided by the by-laws of such corporation, and shall be liable to attachment and sale under legal process, in the manner provided by chapter seventy- nine of the Revised Statutes. Sect. S. The commissioners for opening books of subscription, named in any Act of incorporation, shall, from time to time, after the company shall be incorporated, open books of subscription to the capital stock of the company, in such places, and after giving such notice, as a majority of them shall direct, which books of subscription shall be kept open until all the capital stock shall be subscribed, if the corporation shall so long exist; and in case a greater amount of stock shall be subscribed than the whole capital stock of such company, the commissioners shall distribute such capital stock as equally as possible among the subscribers, but no share thereof shall be divided in making such distribution, nor VERMONT. 923 shall a greater number of shares be allotted to any subscriber, than such subscriber shall have subscribed for. Sect. 9. Every person, at the time of subscribing for stock in any railroad company, shall, at the time of subscribing, pay to the commissioners five dollars on each share for which he may sub- scribe, and shall, if required by the commissioners, give security to their satisfaction for the payment of fifteen dollars more on each share, in such instalments as may be ordered by such company: and each subscriber shall be a member of such company. All subscriptions for stock shall be payable absolutely, and no secret agreement, nor any understanding or condition not inserted in the terms of the subscription, shall aiiect the right of the corporation to enforce payment thereof, as hereinafter provided. Sect. 10. As soon as practicable, after said stock, or such portion thereof as may be prescribed in the Act of incorporation, shall have been subscribed, the commissioners to receive subscriptions shall give at least ten days' notice for the meeting of the stock- holders, at such time and place as said commissioners shall appoint, for the choice of directors, by publishing the same in such news- papers as they shall direct : and such election shall then be made by ballot, by the stockholders who shall attend for that purpose, either in person or by proxy. Said commissioners shall be inspect- ors of the first election of directors, shall openly count the votes and declare the result, and shall certify the names of those duly elected, and shall also deliver to said directors all moneys received by such commissioners on subscriptions to such capital stock, and all books and papers in their possession relating to such subscrip- tions. The time and place for the first meeting of said directors shall be fixed by said commissioners. A new election of directors shall be made annually, at such time and place, and upon such notice, as shall be designated in the by-laws of the corporation ; but if the by-laws contain no provision upon the subject, then at such time and place, and upon such notice, as the directors shall designate. Sect. 11. The president and directors of every railroad corpora- tion, may. from time to time, make such equal assessments on all the shares in said corporation as they may deem expedient and necessary for the purposes of the corporation, and may direct the same to be paid to the treasurer, who shall give notice thereof to the stockholders, either personally or by letter through the mail, or by publication in such newspaper as the directors shall desig- 924 GENERAL LAWS COXCERNIXG RAILROADS. nate ; and if any stockholder shall neglect to pay his assessments, for the space of thirty days after notice from the treasurer, the directors may order the treasurer, after giving notice of the sale, to sell such shares at public auction, to the highest bidder, and the same shall accordingly be transferred to the purchaser; and if the shares of any delinquent stockholder shall not sell for a sum sufii- cient to pay his assessment, with interest and charges of sale, he shall be held liable to the corporation for any deficiency; and if such shares shall sell for more than the assessment, so due, with interest and charges of sale, he shall be entitled to the surplus remaining after such sale; provided, that no assessment shall be laid upon any shares in such corporation, to a greater amount than the sum at which the shares shall be fixed by the charter of such corporation, or by any vote or agreement of the stockholders. The purchasers and owners of the shares so purchased, shall be liable for all the subsequent assessments thereon, and payment thereof may be enforced in the manner above provided. Sect. 12. Every railroad corporation may lay out its road, not exceeding five rods wide; and for the purpose of cuttings, embank- ments, and procuring stone and gravel, may take as much more land, within the limits of its charter, in the manner provided in this chapter, as may be necessary for the proper construction and security of the road. Sect. 13. Every railroad corporation may purchase, or other- wise take any lands or materials, necessary for the purpose of making or securing their railroad ; and may also take, by purchase or otherwise, such water, and in such quantity, as may be required for the use of the road, together with the right of laying down all necessary aqueducts, for the conveyance of water, and of entering upon the land, and constructing, and keeping in repair, all such aqueducts ; and if they shall not be able to obtain such land or materials, such water, and the right of conveying the same, by an agreement with the owner thereof, they shall pay therefor such damages, as shall be estimated and determined by the commission- ers mentioned in section fifteen of this Act. Sect. 14. No land or materials, without the limits of said road, shall be so taken, without the permission of the owner thereof, unless the commissioners, on the application of such corporation, and after notice to the owner, shall first prescribe the limits within which land or materials shall be so taken as aforesaid. Sect. 15. Whenever any railroad corporation shall not have VERMONT. 925 acquired, by gift or purchase, any land, real estate, or property, taken or required for the construction and maintenance of their road, and the convenient accommodation of the same, and in case of a disagreement about the price of such lands and other pro- perty, any two of the judges of the supreme court, upon apphca- tion for that, purpose, by such company, shall appoint three dis- interested commissioners to determine the damages which the owner or owners of such lands or property may have sustained, or shall be likely to sustain, by the occupation of the same for the purposes aforesaid ; and upon the payment of the damages deter- mined upon by such commissioners, with the costs and charges thereupon accruing, by said company, or upon the deposit of the same by such company in such bank, or with said clerk of the supreme court, as said commissioners shall direct, to the credit of the person or persons to whom such damages have been awarded, such bank or clerk giving notice personally, or by letter through the post-office, to such persons that such deposit has been made, such company shall be deemed to be seised and possessed of all such lands or other property as shall have been appraised by said commissioners. One of said commissioners shall be an inhabitant of the town in which the land or other property to be appraised is situated, and all of said commissioners shall be inhabitants of the county in which such property is situated, and said commissioners shall give twelve days' notice to the occupants or owners of the lands to be appraised, of the time and place when and where they will attend to such appraisal ; and when such appraisal is made, they shall within twenty days, notify the owner, if known, of the amount thereof, and deliver to said company a written statement of the same, with a description of the land or other property so by them appraised, which, within thirty days thereafter, said company shall cause to be recorded in the town clerks' office of the town where such lands or other estate lie ; and in case the owner of such lands or estate shall be a married woman, an infant, idiot, or insane, or shall not reside in this State, or shall not be known, then said company shall cause the damages sustained by such owners to be determined in the manner above prescribed, and shall pay the same to the lawful owners, when demanded, with the interest thereon, which said damages and interest shall be a specific lien upon the real estate of such company, and be preferred before any other demand against said company. Sect. 16. Should the company, or the owner of any land or 78 926 GENERAL LAWS CONCERNIXG RAILROADS. , | property, feel aggrieved by the decision of the commissioners, either party may, within ninety days after the date of such award, appeal to the county court in the county where the land or other property lies; and such court shall thereupon appoint three com- missioners, one of whom shall be an inhabitant of the county in wdiich such land or property is situated; and the decision of such court shall be final upon the report of said commissioners, and costs may, in the discretion of such court, be taxed and allowed to either party : Provided^ that no appeal shall be taken by the cor- poration, after deposit of the amount of the award, nor shall an appeal be taken by the land holder or owner, after acceptance of the amount of the award. Sect. 17. At least ten days before any appraisal shall be made by the commissioners of any lands or other property taken by any railroad corporation, for the purposes of the road, such corporation shall deliver to the owner, or deposit in the town clerk's oflice in the town in which the same is situate, a plan or description, in writing, of the land or property so taken. Sect. 18. Whenever any railroad corporation, which has been or may be chartered, shall require, either for roadway or building materials, any lands, the owner or owners of which are unknown, or where there are conflicting claims to the title, or where such lands are encumbered by mortgages, attachments, or the levy of executions, or otherwise, such corporation, after having the dam- ages appraised by the commissioners, may, if they think fit, apply, by petition, to the chancellor of the district in which such lands are situated, and such chancellor may, in his discretion, order the damages awarded by the commissioners, to be deposited with the clerk of the court, or in some bank in the county where such land is situated, subject to the order of such person or persons as said chancellor shall decide to be legally and equitably entitled to the same, or subject to the future order of the chancellor of said district. Sect. 19. No final decree shall be made in such case, until rea- sonable notice shall have been given to all persons interested, where they are known, and resident in this State, of the filing of such petition; and when the owners are unknown, or reside with- out this State, such notice shall be given as the chancellor shall order, by publication or otherwise. Sect. 20. On the deposit of the damages awarded under the order of a chancellor, the title to such lands shall vest in such VERMONT. 927 corporation, subject to the right of appeal as in other cases, and if the sum so deposited shall remain for six months undemanded, the chancellor may order the same invested for the benefit of those interested. Sect. 21. No notice shall be required to be given of the appraisal of unoccupied lands, unless the owner or owners shall reside in this State, or has some known agent or attorney residing therein ; and if there be, the same notice shall be given to such agent or attorney as is directed to be given to the occupant or owner, in section fifteen of this Act. Sect. 22. Whenever a railroad corporation shall have paid, or become liable to pay, land damages for the location of their road, and shall afterwards change such location and occupy other lands of the same land owner to whom damages shall have been paid or awarded, such land first located upon shall, on the completion of such second location, revert absolutely to such land owner, and on such subsequent location, the commissioners shall award no other or greater damages than under all the circumstances shall be just and equitable ; and if the damages awarded on such second loca- tion shall be less than the damages awarded on the first location, the corporation may recover the difference, if paid from such land owner, and if awarded and not paid, may retam the difference, and shall not be liable to pay the same : Provided^ that in case the damages on the first location shall have been assessed by the com- missioners, and an appeal taken therefrom and be pending, such corporation shall pay the costs that may have accrued in such appeal, and cause their new location to be recorded, before they shall be allowed to take any benefit of this section. Sect. 23. If the location of any railroad shall be changed, after the payment of damages to any land owner, and no portion of the lands of such owner shall be taken for the new location, then the lands so taken for said first location shall revert absolutely to the owner, as provided in the preceding section; and such railroad corporation shall have the right to recover from such land owner the amount so paid as damages, deducting therefrom the damages which shall have actually accrued to such owner, in consequence of locating said railroad across said lands, which damages shall be ascertained by the commissioners in the manner provided in this Act, for determining land damages upon the location of any rail- road : Provided^ however^ that such land owner may, if he chooses, convey to such company the land so located upon, and in that case may retain the sum so awarded. 928 GENERAL LAWS COXCERNING RAILROADS. Sect. 24. If the location of any such road shall have been changed, as mentioned in the preceding section, and the damages shall have been awarded and not paid, the land first located npon shall revert to the owner thereof, and the corporation shall not be reqnired to pay the sum so awarded, but shall pay to snch owner all damages which may have accrued to him by reason of such location, to be determined by said commissioners. Sect. 25. Every such corporation may cause such examinations and surveys for the proposed railroad to be made, as may be neces- sary to the selection of the most advantageous route for the rail- road ; and for such purpose, by their officers, agents, and servants, may enter upon lands or waters of any person, but subject to responsibility for all damages which they shall do thereto ; but for no other purpose, without the consent of the owner, shall they be permitted to make such entry, until the damages have been agreed upon by the parties, or ascertained and paid to the owner, or deposited as hereinbefore directed. Sect. 26. If, after the laying out and making of any railroad, already granted, or which may hereafter be granted, any turnpike road or other way shall be so laid out as to cross said railroad, the said turnpike road or way may be so made as to pass under or over said railroad, and said turnpike or way shall in all cases be so made as not to obstruct or injure such railroad. Sect. 27. Whenever it shall become necessary for any railroad corporation to lay out their road upon, or by the side of any turn- pike, highway, or way, or upon any bridge owned by a town or turnpike corporation, said corporation shall give notice thereof to one of the directors of such turnpike, or to one of the selectmen of such town ; and if such railroad corporation cannot agree with the selectmen of the town, or with the turnpike directors, on some road to be worked, or bridge to be built by the railroad corpora- tion, in lieu of snch road or bridge, or on the amount of damages, the commissioners, appointed to appraise land damages for such railroad corporation, shall direct said corporation to build such road or bridge, as a substitute for the road or bridge so located upon, as the interest of the public and the parties shall require; and upon the construction of such road or bridge, the road or bridge so located upon shall vest in said corporation : Provided^ that any railroad corporation, turnpike corporation, town, or indi- vidual, owning land adjacent to said road or bridge, so entered upon, crossed, or altered, shall have the same right of appeal from VERMONT. 929 the decision of the selectmen or commissioners, as is provided for in the fifteenth section of this Act. Sect. 28. Any railroad may be so laid out as to cross any turn- pike or other way ; and the corporation may raise or lower such turnpike or way, for the purpose of having their railroad pass over or under the same. If any railroad corporation, which has been or may be established, shall think proper to alter the course of any turnpike or other way, where it is crossed by their railroad, for the purpose of facilitating the crossing of the same, they may alter the same accordingly. Before proceeding to make any alteration in such turnpike or way, said railroad corporation shall, in writing, notify one of the directors of the corporation owning such turnpike, or one of the selectmen of the town in which such way is situated ; and if such corporation cannot agree with said selectmen, or turn- pike directors, as to such alterations, or manner of crossing, the commissioners named in the preceding section shall determine the same. Sect. 29. Such corporation may take such additional lands, for the purposes mentioned in the two last preceding sections, as said commissioners siiall judge necessary. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be determined by said commissioners, as in other cases, and duly made by said railroad corporation, to the owners and persons interested in such lands ; the same, when so taken, on compensation made, to become part of such turnpike or way, in such manner and by such tenure as the adjacent parts of the same turnpike or way may be held for highway purposes. Provided^ said land owners and said corporation shall have the same right of appeal as in other cases of land damages. Sect. 30. All alterations made in any turnpike or way, under the three preceding sections, shall, if made by said commissioners, be signed by them, and if agreed upon by the parties, shall be signed by the turnpike directors or selectmen of the town, and duly recorded in the town clerk's office. Sect. 31. Any railroad corporation, after having taken land, for any portion of their road, may, if they shall find it expedient, vary the direction of the road in the place where such land is situated; provided they shall not thereby locate their road, or any part thereof, without the limits prescribed by their Act of incorporation ; and they shall, before the time required by law for completing their road, file the location of the different parts of the road, when 78* 930 GENERAL LAWS CONCERNING RAILROADS. such variations are made, with the town clerks of the respective towns, where said parts of the road are situated, who shall record the same. Sect. 32. On the application of any railroad corporation, the commissioners for the assessment of land damages may, after notice and hearing in the case, authorize an original location of a railroad to be made, or an existing location to be altered, in any part thereof, if the same becomes necessary, without the limits prescribed by the charter of such corporation ; provided, that if such location or alteration is prayed for in a road, which lies in two or more counties, the said commissioners of either county, may hear and judge thereon. Sect. 33. Every railroad corporation shall cause the location of their road, in each town through which it passes, to be recorded in the respective town clerks' offices of said towns, within two years from passing the Act of incorporation, which location shall be signed by a majority of the directors thereof, and shall define the courses, distances, and boundaries of the same. Sect. 34. All railroad companies incorporated, or which may be incorporated, under the authority of this State, shall have power to make contracts and arrangements with each other, and with railroad corporations of other States, for leasing or running their roads, or any part thereof; and also, to contract for, and hold, in fee simple, or otherwise, lands or buildings, in this or other States, for depot purposes, and storing freights; and also to purchase and hold such personal property as shall be necessary and convenient for carrying into effect the object of this section. Said companies shall also have the right of connecting with each other, and with the railroads of other States, on such terms as shall be mutually agreed upon by the corporations interested in such connection. Sect. 35. If any person shall wilfully and maliciously displace or remove any railway switch, or rail of any railroad, or shall break down, rip up, injure, or destroy any railroad track, or rail- road bridge, or any portion thereof, or place any obstruction Avhat- ever on any such rail, or railroad track, or bridge, with intent that any person or property passing on and over such railroad shonld be injured thereby, and thereby shall put in jeopardy human life, every such person, so offending, shall be punished by confinement to hard labor in the state prison for a period not less than two years. And if, in consequence of any such Act, done with the intent aforesaid, any person, passing on and over such railroad, shall VERMONT. 931 actually suffer any bodily harm, or any property shall he injured, such actual suffering or injury shall aggravate the offence, and the person offending shall be punished accordingly, by such further confinement to hard labor in the state prison as the circumstances of the case may demand. Sect. 36. If any person shall wilfully and maliciously displace or remove any railway switch, or rail of any railroad, or shall break down, rip up, injure, or destroy any railroad track, or rail- road bridge, or fence, or any portion thereof, or place any obstruc- tion whatever on any such rail, or railroad track, or bridge, or shall do, or cause to be done, any act or acts whatever, whereby any engine, machine, or structure, or any matter or thing apper- taining thereto, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, with intent that any person or property, passing on and over such railroad, should be injured thereby, and if, in consequence thereof, any person is killed, or the life of any person is lost, every person so offending shall be deemed guilty of manslaughter, and shall be liable to be indicted and tried for the crime of manslaughter. Sect. 37. If any person shall wilfully do, or cause to be done, any act or acts whatever, whereby any building, fence, construc- tion, or work of any such corporation, or any engine, machine, or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured, or destroyed, the person so offending shall be guilty of a misdemeanor, and shall also forfeit and pay to the said corporation double the amount of damages sustained by means of such offence. Sect. 38. A bell, of at least thirty pounds weight, shall be placed on each locomotive engine, and be rung at the distance of at least eighty rods from the place where the railroad shall cross any road or street on the same grade, and be kept ringing until it shall have crossed such road or street; the steam whistle may be blown in lieu of ringing said beU. Sect. 39. Every railroad corporation shall cause boards to be placed, well supported by posts or otherwise, and constantly main- tained, across each public road or street, where the same is crossed by the railroad on the same level; said boards shall be elevated so as not to obstruct the travel, and to be easily seen by travellers; and on each side of said boards shall be painted in capital letters, of at least the size of twelve inches each, the words — " Look out for the EfigineJ' Sect. 40. If any railroad corporation shall unreasonably neglect 932 GENERAL LAWS CONCERNING RAILROADS. or refuse to comply with the requisitions contained in the two pre- ceding sections, they shall forfeit, for every such neglect or refusal, a sum not exceeding one thousand dollars. Sect. 41. The directors of every such corporation shall, from year to year, make report to the legislature, under the oath of the President or one of the board, of their acts and doings, receipts and expenditures, under the provisions of their charter, the first of which reports shall be made within one year after the organization of the corporation, and the others shall be made on or before the third Thursday of October in every succeeding year; and their books shall at all times be open to the inspection of any committee of the legislature appointed for that purpose: and if such corporation shall unreasonably refuse or neglect to make such reports, they shall, for every such refusal or neglect, forfeit a sum not exceeding five thousand dollars. Sect. 42. Every such corporation may establish, for their sole benefit, a toll upon all passengers and property conveyed or trans- ported on their railroad, at such rates as may be determined by the directors of the corporation ; and may, from time to time, regu- late such conveyance and transportation, the weight of loads, and all other things in relation to the use of such road, as the directors shall determine : Provided^ that the supreme court may, at any stated session holden in any county through wiiich said road passes, on the application of ten freeholders of such county, and due notice thereof to the corporation, from time to time, as they shall deem expedient, alter or reduce such rates of toll, according to the pro- visions, if any, contained in the charters of such corporations; but the said tolls shall not, without the consent of the corporation, be so reduced as to produce, with said profits, less than ten per centum per annum. Sect. 43. The State may, at any time during the continuance of the charter of any railroad corporation, after the expiration of twenty years from the opening of said railroad for use, purchase of the corporation the said railroad, and all the franchise, property, rights, and privileges of the corporation, by paying them therefor such a sum as will reimburse them the amount of capital paid in, with a net profit thereon of ten per cent, per annum from the time of the payment thereof by the stockholders to the time of such purchase. Sect. 44. Each railroad corporation shall erect and maintain fences on the sides of their road, (so far as the same shall be neces- sary,) of the height and strength of a division fence as required by VERMONT. 933 law, and farm crossings of the road for ihe use of the proprietors of lands adjoining such railroad, and also construct and maintain cattle guards at all farm and road crossings, suitable and sufficient to prevent cattle and animals from getting on to the railroad. Until such fences and cattle guards shall be duly made, the corpo- ration and its agents shall be liable for all damages, which shall be done by their agents or engines to cattle, horses, or other ani- mals thereon, if occasioned by want of such fences and cattle guards, and after such fences and guards shall be duly made, the corporation shall not be liable for any such damages, unless negli- gently or wilfully done; and if any person shall ride, lead, or drive any horse or other animal, upon such road, and, and within such fences and guards, other than at road and farm crossings, without the consent of the corporation, he shall for every such offence forfeit a sum not exceeding ten dollars, to be recovered by such corporation in an action on the case, and shall also pay all damages which shall be sustained thereby to the party aggrieved. Sect. 45. The provision in the preceding section, requiring such corporations to erect and maintain fences, shall not apply to any case, where the corporation shall have settled with and paid the land owner for building and maintaining such fence. And if any person, having been thus settled with and paid for keeping any such fence in repair, shall neglect so to do, such railroad corpora- tion may make such repairs, and recover the necessary expense thereof of such person or his grantee. Sect. 46. If the parties cannot agree upon the plan, or manner, or number of farm crossings, mentioned in section forty-four of this Act, the same shall be determined by the commissioners : Pro- vided, that the commissioners shall not be required to order farm crossings to be made, when the costs of construction shall exceed the value of the land to be accommodated thereby ; but in such cases the commissioners shall award such damages, in lieu thereof, as shall be just and equitable. Sect. 47. If any horse or other beast shall be found going at large, within the limits of any railroad, after the same is opened for use, the person, through whose fault or negligence such horse or other beast shall be so found, shall, for every such offence, for- feit a sum not exceeding twenty dollars, for every horse or other beast so found going at large, and shall also be liable for any dam- ages thereby sustained by any person, to be recovered in an action on the case, by the person sustaining such damages. 934 GENEKAL LAWS CONCERNING RAILROADS. Sect. 48. No locomotive engine or other power shall be allowed to run upon any railroad constructed by authority of this State, except such as belong to, p.nd are controlled by, the corporation owning and managing such road, unless by the consent of such corporation. Sect. 49. Every railroad corporation, which may be the owner of any railroad in use, is hereby required, at reasonable times, and for a reasonable compensation, to draw over their road the passen- gers, merchandise, and cars of any other railroad corporation, which has been, or may hereafter be, authorized by the legislature to enter with their railroad upon, or to unite the same with, the road of such corporation, and use said last named road. And if the respective corporations, whose roads are so united, shall be unable to agree upon the place of union, or the compensation so as afore- said to be paid, the supreme court, upon the petition of either party, and upon notice to the other party, shall appoint three com- missioners, who shall, upon due notice to the parties interested, proceed to determine and fix upon the place and manner of uniting, and such rate of compensation. And the award of said commission- ers, or a major part of them, shall be binding upon the respective corporations interested therein, until the same shall have been revised or altered by commissioners appointed as aforesaid ; but no such revision or alteration sliall be made by such commission- ers within one year after such decision and award shall have been made. Sect. 50. The said commissioners shall, upon the application of either party, if the respective corporations cannot agree upon the same, also determine the stated periods at which said cars are to be drawn as aforesaid, having reference to the convenience and interest of said corporations, and of the public who will be accom- modated thereby. Sect. 51. The compensation of said commissioners, for their ser- vices and expenses, shall be paid by the respective corporations interested therein, in equal proportions. Sect. 52. Any railroad company may construct their road across the track of any other such corporation already chartered, if the right so to do is reserved in the Act creating such last mentioned corporation, and may also cross any other railroad hereafter grant- ed, at any point on its route, and upon the grounds of such other company. And if the two corporations cannot agree upon the amount of compensation to be paid therefor, or the points and VERMONT. 935 manner of snch crossings, the same shall be ascertained and deter- mined by commissioners, to be appointed and paid in the manner provided in the three preceding sections. Sect. 53. Every railroad company in this State shall require sufficient security from the contractors for the payment of all labor performed in constructing the road of such company by persons in their employ ; and such company shall be liable to the day laborers employed by the contractors, for labor actually performed on their road ; but such liability shall not exist, imless the person having such claim shall, in Avriting, within forty days after the perform- ance of such labor, notify the engineer in charge of the section on which the labor was performed, that he has not been paid by the contractors. Sect. 54. If any person shall, while in charge of a locomotive engine running upon the railroad of any corporation, or while acting as the conductor of a car, or train of cars, on any such rail- road, be intoxicated, he shall be deemed guilty of a misdemeanor. Sect. 55. Any railroad corporation shall, when applied to by the postmaster-general, convey the mail of the United States on their road ; and in case such corporation shall not agree with said post- master-general as to the rate of compensation therefor, and as to the time, rate, and speed, manner and condition of carrying the same, the governor of the State may appoint three commissioners, who, or a majority of them, after twenty days' notice in writing of the time and place of meeting to the corporation, shall determine and fix the prices, terms, and conditions aforesaid ; but such price shall not be less, for carrying said mails in the regular passenger trains, than the amount which such corporation would receive as freight on a like weight of merchandise transported in their mer- chandise trains, and a fair compensation for the post-office car. And in case the postmaster-general shall require the mail to be carried at other hours, or at higher speed, than the passenger trains be run at, the corporation shall furnish an extra train for the mail, and be allowed an extra compensation for the expense and wear and tear thereof, and for the services, to be fixed as afore- said. Sect. 56. If any articles of personal property, brought upon any railroad in this State, and deposited in any depot or ware- house of any railroad corporation, without any special contract for the keeping thereof, shall not be claimed by the owner or con- signee, within sixty days from the time they are so deposited, and 936 GEXERAL LAWS CONCERNING RAILROADS. the legal charges thereon for freight remaining unpaid, such cor- poration may cause such property, or any portion thereof, to be sold by the sheriff of the county where the same may be deposited. And in the sale and disposition of the avails of such property, the sheriff shall be governed by the provisions of the Act of 1S43, entitled "An Act to provide for the disposal of unclaimed pro- perty, stored with wharfingers and other storehouse keepers," approved October 31st, 1843. Sect. 57. If any passenger shall refuse to pay his fare or toll, or shall be disorderly, or drunk, or refuse to comply widi all the reasonable regulations of the corporation for the government of the conduct of the passengers, it sliall be lawful for the conductor of the train and the servants of the corporation to put him out of the cars, at any usual stopping place the conductor may elect. Sect. 58. Every conductor, baggage master, engineer, brake- man, or other servant of any such railroad corporation, employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and the initial letters of the style of the corporation by which he is em- ployed. No conductor or collector without such badge sliall de- mand, or be entitled to receive, from any passenger, any fare, toll, or ticket, or exercise any of the powers of his office, and no other of the said officers or servants, without such badge, shall have any authority to meddle or interfere with any passenger, his bag- gage or property. Sect. 59. In forming a passenger train, no loaded, and not more than two empty baggage, or freight, or merchandise, or lumber cars, shall be placed in rear of passenger cars ; and if they or any of them shall be so placed, and any accident shall happen to life or limb, the officer or agent who so directed, or knowingly suffered such arrangement, and the conductor and engineer of the train, shall each and all be held guilty of intentionally causing the injury, and be punished accordingly. Sect. 60. Whenever any engineer, fireman, or other agent of any railroad corporation, shall be guilty of any negligence or care- lessness, whereby an injury is done to any person or corporation, he shall, upon conviction, be punished by imprisonment in the county jail for a term not exceeding one year, or by a fine not ex- ceeding one thousand dollars : Pj'ovided^ that nothing contained in this section shall exempt such corporation from an action in dam- ages, to any person or corporation sustaining such injury. VERMONT. 937 Sect, 61. When any injury is done to a building or other pro- perty, by fire communicated by a locomotive engine of any rail- road corporation, the said corporation shall be responsible in dam- ages for such injury, unless they shall show that they have used all due caution and diligence, and employed suitable expedients to pre- vent such injury. Sect. 62. Any railroad corporation shall have an insurable interest in such property as is mentioned in the preceding sectiouj along its route, and may procure insurance thereon, in its own name and behalf. Sect. 63. Every railroad corporation shall be a body corporate and politic, from the passing of the Act of incorporation, so far as to authorize such corporation, after its organization, to enforce the payment of subscriptions to its capital stock, and the performance of contracts in relation to the conveyance of real estate for the purposes of the road, made with any person for the benefit of the corporation, although such subscriptions and contracts may have been made prior to such organization. Sect. 64. No railroad corporation, which is authorized by its charter to increase its capital stock, shall, hereafter, issue shares for a less amount, or sum, to be actually paid in on each, than the par value of the shares in the original stock of said corporation, unless all the stockholders in such corporation shall, in writing, agree that such shares may be issued for a less sum. Sect. 65. This Act shall be, at all times, subject to alteration, amendment, or repeal, by any future legislature, and shall not take effect till the first day of December, A. D. 1850. Sect. 66. Nothing in this Act contained shall be so construed as to affect any rights or liabilities which have already accrued. Approved^ November 13th, 1849. INDEX TO THE TITLES OF THE EAILEOAD LAWS AND CHAETEES OF MAINE, NEW HAMPSHIRE, AND VERMONT. VOL. I. INDEX TO THE TITLES OF THE EAILiaOAD CHARTEES OE MAINE PAGE Androscoggin Railroad Company, Synopsis of the ........ 267 An Act to establish the ....... 268 Androscoggin and Kennebec Railroad, Synopsis of the ........ 184 An Act to establish the Company ..... 186 An Act to authorize the, to increase its capital stock . 193 Atlantic and Saint Lawrence Railroad Company, Synopsis of the ........ 167 An Act to establish the ....... 169 An Act in addition to an Act to establish the . . . 177 An Act to authorize the city of Portland to aid the construction of the 179 Bangor and Oldfoivn Railroad Company, Synopsis of the ........ 10 An Act to incorporate the . . . . . . 11 An Act additional to an Act to incorporate the . . 14 Bangor and Piscataquis Canal and Railroad Company, Synopsis of the ........ 16 An Act to incorporate the ...... 17 An Act additional to an Act to incorporate the . . 23 An Act additional to an Act incorporating the . . 24 An Act additional to an Act to incorporate the . . 24 Bangor and Orono Railroad, Synopsis of the 246 An Act to establish the 248 Baring and Bog Brook Railway Company, Synopsis of the ........ 135 An Act to incorporate the 135 Synopsis of the ........ 245 An Act to incorporate the ...... 245 Batli and Portland Railroad Company, Synopsis of the ........ 158 An Act to establish the ....... 1.59 An Act additional to an Act to establish the . . . 167 79* 942 INDEX. PAGE 46 47 54 55 55 257 258 35 36 226 227 234 3 4 6 7 Belfast and Quebec Railroad Corporation., Synopsis of the .... An Act to establish the . An additional Act to establish the . An Act to extend the Company further time to build their road An Act additional to an Act to establish the Belfast and Waterville Railroad Company., Synopsis of the An Act to establish the . Brunswick Railroad Company., Synopsis of the An Act to incorporate the Buckfield Branch Railroad Company Synopsis of the An Act to establish the . An Act to increase the capital stock of the Calais Railway Company., Synopsis of the ..... An Act to incorporate the An Act additional to an Act to incorporate the An additional Act to incorporate the An Act additional to an Act to incorporate the, and to change the name thereof An Act additional to an Act to incorporate the, and the several Acts additional thereto Calais and Baring Railway Company., Synopsis of the ........ 131 An Act to incorporate the ...... 132 An Act in addition to an Act to incorporate the . . 134 Franklin and Kennebec Railroad Company, Synopsis of the ........ 235 An Act to establish the ....... 237 An Act in addition to an Act to establish the . . . 245 Frankfort, Bangor, and Belfast Railroad Corporation, Synopsis of the ........ 78 An Act to establish the 79 An Act additional to an Act to establish the ... 85 Great Falls and South Berivick Branch Railroad Company, Synopsis of the ........ 136 An Act to establish the 138 An Act to revive and establish the ..... 145 An Act to unite the, in Maine with the Great Falls and Con- way Railroad Company in New Hampshire . . 145 An Act in addition to an Act to establish the . . . 146 Hampden and Carmel Canal arid Railroad Company, Synopsis of the ........ 75 An Act to incorporate the ...... 76 Hancock and Penobscot Railroad Company, Synopsis of the ........ 40 An Act to incorporate the . . . . • • 41 4 MAINE. 943 PAGE incorporate the Halloioell Granite Railroad Company^ Synopsis of the ..... An Act to incorporate the Joneslorough and Whitneyville Railroad Company., Synopsis of the ..... An Act to incorporate the An Act in addition to an Act, entitled an Act to Kennebunk Port Granite and Railroad Company, Synopsis of the ..... An Act to incorporate the ... Kennebec and Portland Railroad Company^ Synopsis of the ..... An Act to incorporate the ' . An Act to extend the time to locate and construct the An Act in addition to the Act incorporating the An Act in addition to the Act incorporating the An Act to authorize the, to increase its capital Kirkland Canal and Railroad Comjmny.^ Synopsis of the ........ An Act to incorporate the ...... Leiciston arid Topsham Railroad Company., Synopsis of the ........ An Act to establish the ....... Maine., New Hampshire, and Massachusetts Railroad Corporation, Synopsis of the ........ An Act to establish the ....... An Act additional to an Act to establish the An Act in addition to an Act to establish the . An Act to unite the, with the Boston and Maine Railroad An Act in addition to an Act to unite the, with the Boston and IMaine Railroad ........ Mattanawcook Railroad Corporation, Synopsis of the ........ An Act to incorporate the ...... Maine Railroad, An Act to unite the Boston and Maine Railroad Extension Company with the Boston and ..... Moose Head Lake Railway Company, Synopsis of the ..... An Act to incorporate the Orrington Canal and Railway Company, Synopsis of the ..... An Act to incorporate the Palmer and Machias Port Railroad Corporation, Synopsis of the ..... An Act to incorporate the An Act to change the name and increase the capital stock of the 157 Pacific Railroad, Resolves relating to the construction of a railroad from Lake Michigan to the Pacific Coast 256 109 109 65 66 70 45 45 112 114 119 119 121 121 93 94 276 278 96 98 105 106 107 lOS 86 87 108 234 234 30 30 155 155 944 INDEX. Penohscot River Railroad Corporation, Synopsis of the ....... An Act to establish the ...... An additional Act to establish the .... An additional Act to establish the .... An additional Act to establish the .... An additional Act to establish the .... Penohscot and Kennebec Railroad Company, Synopsis of the ....... An Act to establish the ...... An Act to establish the ...... An Act to change the name of the Portland and Cape Elizabeth Coal and Railroad Company, Synopsis of the ....... An Act to incorporate the ..... An Act in addition to an Act to incorporate the Portland Mining and Railway Company, Synopsis of the ....... An Act to incorporate the ..... An Act additional to an Act to incorporate the Portland, Saco, aiid Portsmouth Railroad Company, Synopsis of the ....... An Act to establish the ...... An Act to extend the time to locate and construct the An Act additional to an Act entitled an Act to establish the An Act authorizing the, to increase their capital stock, for other purposes ...... Portland and Oxford Railroad Company, Synopsis of the An Act to establish the . An Act extending the time allowed and complete said road Readfield, Winthrop, and Cabhossee Contee Canal and Railroad Synopsis of the An Act to incorporate the Somerset and Kennebec Railroad Company Synopsis of the An Act to incorporate the South Thomaston Railroad Company, Synopsis of the An Act to incorporate the Union River Canal and Railway Company Synopsis of the An Act to incorporate the Union River Railroad Company, Synopsis of the An Act to incorporate the Waterville and Fairfield Railway Company Synopsis of the An Act to incorporate the the, to survey their route Co., and PAGE 56 58 63 64 65 194 196 204 212 25 26 28 28 28 29 122 123 130 130 131 147 148 155 71 71 285 286 266 266 33 33 213 213 38 38 MAINE. 945 PAGE York and Cumherland Railroad CompaJiy, Synopsis of the 215 An Act to establish the ....... 217 An Act in addition to an Act to establish the . . . 225 INDEX TO THE TITLES OF THE GENERAL LAWS OF MAINE RESPECTING RAILROAD CORPORATIONS. Synopsis of these Laws ...... 294 An Act concerning Corporations ..... 298 An Act defining certain rights and duties of Railroad Corpo- rations . . . 300 An additional Act concerning Corporations . . . 305 An Act concerning Railroads ..... 305 An Act relating to Railroads ...... 310 An Act providing for the taxing of Railroads and Railroad property in this State . . . . . . 311 An Act providing for the taxing of Railroads and Railroad property in this State ...... 312 An Act for the prevention and punishment of the wilful and malicious obstruction of Railroads .... 313 An Act additional respecting Corporations . . . 314 An Act relating to Corporations ..... 314 An Act concerning Corporations ..... 316 An Act relating to the returns of Railroad Corporations . 317 INDEX TO THE TITLES OF THE EAILEOAD CHARTEES OF NEW HAMPSHIEE. PAGE Atlantic and Saint Lawrence Railroad Company.^ Synopsis of the ........ 531 An Act constituting the, a corporation within this State . 531 Ashuelot Railroad Company, Synopsis of the ........ 442 An Act to incorporate the ...... 444 An Act to incorporate the ...... 450 An Act to alter and amend the charters of certain corpora- tions therein named ....... 454 An Act in addition to and in amendment of an Act entitled an Act to incorporate the ...... 455 Boston and Maine Railroad, Synopsis of the ........ 339 An Act to incorporate the . . . . . . 341 An Act in addition to an Act entitled an Act to incorporate the 347 An Act to unite certain railroad corporations with the . 348 An Act to unite the Boston and Maine Railroad Extension Company with the ....... 349 Cheshire Railroad Company, Synopsis of the ........ 434 An Act to incorporate the ^ . . . . . 436 An Act in addition to and in amendment of an Act to incor- porate the, passed December 27, 1844 . . . 440 An Act in addition to an Act entitled an Act to incorporate the, passed December 27, 1844 ..... 442 Boston, Concord, and Montreal Railroad, Synopsis of the ........ 427 An Act to incorporate the ...... 428 Resolve concerning the ....... 434 An Act to establish the place for filling the list of stockholders of the 434 Colehrook Railroad Company, Synopsis of the ........ 421 An Act to incorporate the ...... 422 NEW HAMPSHIRE. 947 Concord Railroad Corporation, Synopsis of the ....... An Act to incorporate the ..... An Act in addition to, and in amendment of, an Act to mcor- porate the, passed June 27, 1835 .... An Act in addition to and explanatory of an Act relating to railroad and other corporations, passed June 20, 1840 An Act in amendment of the charter of the Concord and Claremont Railroad, Synopsis of the . An Act to incorporate the Concord Granite and Railway Company, Synopsis of the An Act to incorporate the Cocheco Railroad Company, Synopsis of the An Act to incorporate the Connecticut River and Montreal Railroad Company, Synopsis of the An Act to incorporate the Connecticut River Railroad Company, Synopsis of the An Act to incorporate the An Act in amendment of an Act incorporate the . An Act in addition to an Act passed June 20, 1848, to incor porate the ... Conway and Meredith Railroad Company Synopsis of the An Act to incorporate the Contoocook Valley Railroad, Synopsis of the An Act to incorporate the Dover and Winnipiseogee Railroad, Synopsis of the 374 An Act to incorporate the 375 Eastern Railroad in New Hampshire, Synopsis of the 359 An Act to incorporate the . . . . . . 361 An Act in addition to an Act entitled an Act to incorporate the 368 An Act in addition to an Act entitled an Act in addition to an Act to incorporate the ...... 368 An Act in addition to the several Acts incorporating the . 370 Essex Extension Railroad Company, Synopsis of the ........ 563 An Act to incorporate the 564 passed June 20, 1848 to PAGE 321 323 330 330 331 534 535 372 372 509 510 567 568 545 546 550 551 527 527 539 540 948 INDEX. PAGE East Wilton and Groton Railroad Company^ Synopsis of the ..... ^ . . 477 An Act to incorporate the ...... 478 Fitchburg, Keene, and Connecticut River Railroad Company^ Synopsis of the ........ 400 An Act to incorporate the . . . . . . 401 Franklin and Bristol Railroad, Synopsis of the ........ 495 An Act to incorporate the ...... 496 An Act to unite the, with the Northern Railroad . . 501 Grafton Railroad, Synopsis of the 519 An Act to incorporate the . . . . . . 521 Great Falls and South Berwick Branch Railroad, Synopsis of the ........ 388 An Act to enable the, to cross Salmon Falls' River and to connect with any other railroad in the town of Somers- worth 388 Great Falls and Conway Railroad, Synopsis of the .....;.. 406 An Act to incorporate the proprietors of the . . . 408 An Act in amendment of the Act of incorporation of the . 413 An Act in amendment of an Act entitled an Act to incorpo- rate the proprietors of the . . . . . . 413 An Act in addition to an Act entitled an Act to incorporate the proprietors of the ....... 414 An Act in amendment of an Act entitled an Act to incorpo- rate the proprietors of the . . . . . . 415 Groton and Nashia Railroad Corporation, Synopsis of the 416 An Act to incorporate the ...... 417 An Act to unite the Worcester and Nashua Railroad Com- pany and the 420 Goffstown and Manchester Railroad Company, Synopsis of the ........ 514 An Act to incorporate the . . . . . . 515 Keene Railroad Cotupany, Synopsis of the 331 An Act to incorporate the 332 Manchester aud Candia Railroad, Synopsis of the 592 An Act to incorporate the 593 Manchester and Lawrence Railroad, Synopsis of the 504 An Act to incorporate the 505 Monadnock Railroad Company, Synopsis of the 583 An Act to incorporate the 584 I NEW HAMPSHIRE. 949 573 350 352 and New 357 551 552 PAGE Nashua and Epping Railroad Company, Synopsis of the ........ 573 An Act to incorporate the .... Nashua and Lowell Railroad Corporation, Synopsis of the ...... An Act to incorporate the .... An Act to unite the corporations of Massachusetts Hampshire and for other purposes New Hampshire Central Railroad, Synopsis of the ...... An Act to incorporate the .... An Act in addition to, and in amendment of, an Act entitled an Act to incorporate the, approved June 24, 1848 . 558 Northern Railroad Company, Synopsis of the ........ 389 An Act to incorporate the . . . . . . 891 An Act to incorporate the ...... 396 Peterborough and Shirley Railroad Company, Synopsis of the ........ 486 An Act to incorporate the ...... 487 Piscataquog River Railroad, Synopsis of the ' . . . . . . . . 558 An Act to incorporate the ...... 559 Portland and Connecticut River Railroad Company, Synopsis of the ........ 382 An Act to incorporate the ...... 383 Portsmoiith and Dover Railroad, Synopsis of the ........ 608 An Act to incorporate the proprietors of the . . . 609 An Act to extend an Act to incorporate the proprietors of the .......... 614 An Act to amend and continue the Acts to incorporate the proprietors of the ....... 615 Portsmouth, New Market, and Concord Railroad Corporation, Synopsis of the . . . . . . . . 461 An Act to incorporate the ...... 463 Resolve authorizing other railroad corporations to suhscribe to the . . . . . . . . . . 469 An Act in addition to the Acts incorporating the . . 469 An Act in addition to the Acts incorporating the . . 469 An Act in addition to an Act authorizing railroad corpora- tions to subscribe for stock in the .... 470 Portsmouth, New Market, and Exeter Railroad Company, Synopsis of the ........ 470 An Act to incorporate the ...... 472 Salisbury and East Kingston Railroad Company, Synopsis of the . . . . . . . • 501 An Act to establish the 502 An Act to extend the Act to establish the . . . 503 80 950 INDEX. Salishury and East Kingston Extension Railroad^ Synopsis of the An Act to incorporate the Suncook Valley Railroad, Synopsis of the An Act to incorporate the Suncook Valley Extension Railroad, Synopsis of the An Act to incorporate the Souhegan Railroad Company, Synopsis of the An Act to incorporate the Sullivan Railroad Company, Synopsis of the An Act to incorporate the An Act in addition to an Act, the .... Wilton Railroad Company, Synopsis of the An Act to incorporate the An Act in addition to, and in an Act to incorporate the White Mountains'' Railroad, Synopsis of the An Act to incorporate the entitled an Act amendment of, to incorporate an Act entitled PAGE 603 604 588 589 598 599 483 484 489 490 495 456 457 461 578 578 NDEX TO THE TITLES OF THE GENERAL LAWS OF NEW HAMPSHIRE RESPECTING RAILROAD CORPORATIONS. Synopsis of these Laws ...... An Act to provide a more cheap and expeditious mode of assessing damages for land or materials taken by Railroad Corporations ........ An Act providing for the assessment of damages for land taken for Railroad Corporations ..... An Act relating to Railroad and other Corporations . An Act to render Railroad Corporations liable for damages by fire or steam ....... An Act in addition to an Act explanatory of an Act relating to Railroad and other Corporations, passed June 20, 1840 An Act relating to Railroad Corporations An Act relating to Railroads ...... An Act relating to Railroads ...... Provisions of Chapter 39 of the Revised Statutes concerning Railroad Corporations ...... Provisions of Chapter 142 of the Revised Statutes concerning Railroad Corporations ...... 617 625 626 630 631 632 632 633 634 635 636 NEW HAMPSHIRE. 951 PAGE Provisions of Chapter 146 of the Revised Statutes respecting Railroad Corporations ...... 637 Provisions of Chapter 183 of the Revised Statutes concerning Raih'oad Corporations ...... 642 Provisions of Chapter 215 of the Revised Statutes in relation to Railroad Corporations ...... 642 An Act in addition to and in amendment of the Revised Statutes of the State of New Hampshire . . . 643 An Act to render Railroad Corporations public in certain cases, and constituting a Board of Railroad Commissioners 643 An Act in amendment of Chapter 39 of the Revised Statutes 650 An Act in addition to, and explanatory of an Act entitled an Act to render Railroad Corporations public in certain cases, and establishing a Board of Railroad Commissioners . 650 An Act in amendment of the laws relating to Corporations 652 An Act allowing any number of shares in the capital stock of any Corporation to be vested in one certificate . . 655 An Act in amendment of Chapter 142 of the Revised Statutes 655 An Act in addition to an Act passed December 25, 1844, entitled an Act to render Railroad Corporations public in certain cases, and constituting a Board of Railroad Com- missioners ........ 657 An Act to amend an Act entitled an Act to render Railroad Corporations public in certain cases, and constituting a Board of Railroad Commissioners .... 658 An Act in addition to, and in amendment of, the Laws of this State relating to Corporations ..... 659 An Act to amend the Act passed 25th December, 1844, rendering Railroad Corporations public in certain cases, and constituting a Board of Railroad Commissioners . 660 An Act to amend section 3, of Chapter 128 of the Pamphlet Laws of this State 660 An Act to repeal the 2d Section of Chapter 34 of the Pam- phlet Laws, relating to the distribution of Railroad taxes 661 An Act relating to Railroad and other Corporations . 661 An Act to alter and amend the charters of certain Corpora- tions therein named ....... 454 Resolve concerning Railroad and Manufacturing Corporations in New Hampshire ....... 434 Resolve relating to Railroad Corporations in New Hampshire 469 INDEX TO THE TITLES OF THE EAILEOAD CIIAHTEllS OE VEEMONT. Atlantic and Saint Later ence Railroad Company^ Synopsis of the An Act constituting the, a corporation w Asculney Railroad Company. Synopsis of the .... An Act to incorporate the Bennington and Brattleboro'' Railroad^ Synopsis of the .... An Act to incorporate the Bennington and Brattleboro'' Railroad Company, Synopsis of the An Act to incorporate the An Act to revive an Act entitled an Act passed November 10, 1835 An Act in relation to the Brattleboro^ and Fitcliburg Railroad Company, Synopsis of the An Act to incorporate the An Act to amend an Act to incorporate the An Act to amend the Act to incorporate the Black River Railroad Company. Synopsis of the ..... An Act to incorporate the Champlain and Connecticut River Railroad Company Synopsis of the An Act to incorporate the An Act in addition to an Act incorporating the vember 1, 1844 An Act to amend an Act to incorporate the thin this State to incorporate , approved An Act in addition to, and in amendment of, an Act entitled an Act to incorporate the . An Act in addition to an Act incorporating the Rutland and Burlington Railroad Company the. No- PAGE 888 889 901 902 685 686 722 723 782 733 798 800 806 806 836 839 784 787 793 795 796 797 I VERMONT. 953 PAGE Connecticut and Passumpsic Rivers Railroad Company, Synopsis of the . . . . . . . . "753 An Act to incorporate the ...... 755 An Act to revive an Act entitled an Act to incorporate the, passed November 10, 1835 763 An Act in addition to an Act to incorporate the, passed No- vember 10, 1835 ....... 764 An Act in addition to an Act to incorporate the . . 767 An Act in addition to the Acts incorporating the Connecticut River and the Brattleboro' and Fitchburgh Railroad Com- panies 767 Danville and Passumpsic Railroad Company^ Synopsis of the ........ 873 An Act to incorporate the ...... 874 Lake Champlain and Otter Creek Railroad Company^ Synopsis of the ........ 777 An Act to incorporate the ...... 778 lidke Michigan to the Pacific Ocean^ Resolutions relative to the project for a railroad from . 829 Montpelier and Connecticut River Railroad Coinpany, Synopsis of the 892 An Act to incorporate the ...... 894 Norwich and Hartford Forwarding Railroad Company^ Synopsis of the ........ 769 An Act to incorporate the ...... 770 Portland and Connecticut River Railroad Company^ Synopsis of the 734 An Act to incorporate the ...... 735 Rutland and Whitehall Railroad Company^ Synopsis of the ........ 665 An Act to incorporate the ...... 668 An Act in addition to an Act to incorporate the . . 675 An Act extending the provisions of an Act entitled an Act to incorporate the ........ 675 An Act extending the provisions of an Act entitled an Act to incorporate the ....... 675 An Act reviving an Act entitled an Act to incorporate the 676 An Act to incorporate the ...... 676 Rutland and Washington Railroad Company, Synopsis of the ........ 844 An Act to incorporate the ...... 845 An Act in addition to an Act incorporating the . . 853 Southern Vermont Railroad Company, Synopsis of the 862 An Act to incorporate the 864 An Act to extend the charter of the . . . . 872 Union Railroad Company, Synopsis of the 854 An Act to incorporale the ... * . . 855 954 INDEX. Vergennes and Bristol Railroad Company, Synopsis of the ...... An Act to incorporate the .... Vermont and Canada Railroad Company, Synopsis of the ...... An Act to incorporate the .... An Act in amendment of the Act incorporating the Vermont Central Railroad Company, Synopsis of the .... An Act to incorporate the An Act to incorporate the Vermont Railroad Company, Synopsis of the .... An Act to incorporate the An act in addition to, and extending the entitled an Act to incorporate the, 1832 ..... Vermont Valley Railroad Company, Synopsis of the .... An Act to incorporate the An Act to amend an Act to incorporate the, approved vember 8, 1848 Western Vermont Railroad Company, Synopsis of the .... An Act to incorporate the An Act to extend the charter of the Woodstock Railroad Company, Synopsis of the .... An Act to incorporate the operation of, an Act assed November 8, PAGE 744 745 808 809 816 703 705 714 692 693 No- 702 879 881 887 817 818 828 829 830 INDEX TO THE TITLES OF THE GENERAL LAWS OF VERMONT RESPECTING RAILROAD CORPORATIONS. Synopsis of the Laws ....... Provisions of the Revised Statutes, chapter 79, concerning Private Corporations ....... An Act in relation to Railroads ..... An Act in relation to Railroads ..... An Act for the prosecution and punishment of the wilful and malicious obstruction of Railroads . Resolutions authorizing the Governor to appoint Commis- sioners to digest and prepare a General Law relating to Railroad Corporations ...... An Act concerning Railroad Corporations An Act in relation to Railroad Corporations . 909 914 916 918 919 920 920 921 UNIVERSITY OP ILLINOIS-URBANA 3 0112 066562577