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 (flnrntll Caui &rl)nol Eibrarg 
 
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 3 1924 024 ^2 902 
 
The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924024682902 
 
THE 
 
 RAILROAD LAWS OF MAINE, 
 
 CONTAISriNG ALL 
 
 PUBLIC AJ^rn PRIVA-TE A.CTS A.NT> RBSOLVES, 
 BEIjA-TINQ- to ■RA.ZXjS.OA.DS IN" SAID STA.TB, 
 
 WITH 
 
 REFERENCES TO BECISIONS OF SUPREME JUDICIAL COURT, 
 
 A Digest of the Decisions of the Courts of said State, 
 • on the Subject of Railroads, 
 
 AlTD 
 
 COPIES OF ALL MORTGAGES, DEEDS OP TRUST, LEASES AJSD CONTRACTS, 
 MADE BT SAID RAILROADS, 
 
 By EDMUND F.^STEBB, 
 
 ATTOBNET AT LAW. 
 
 PORTLAITD, ME. : 
 
 DEESSEE, McLELLAN & CO. 
 
 1875. 
 
Entered according to Act of Congress, in the year 1875, by 
 
 EDMUND F. WEBB, 
 In the Office of the Librarian of Congress at Washington. 
 
 PORTLAND, ME. 
 
 DAItT PBEBS PBINTINO HOUSE, 
 
 Wa. M. MABES, MAHAQEB. 
 
PREFACE. 
 
 The object of this volume is to present the entire body of the railroad law 
 of this State in a convenient and accessible form. 
 
 It contains all the acts of the legislature, both public and private, which 
 are printed in forty-five volumes of the annual series of acts and resolves 
 from 1831 to 1875 inclusive, including repealed acts. Where an act has been ' 
 repealed, amended or considered by the court, such fact is noted in the margin. 
 
 Also a digest of the decisions of the Supreme Judicial Court, on the subject 
 of railroads found in forty-three volumes of Maine Reports from vol. 21 to 
 v6l. 63, inclusive. 
 
 AH the decisions of the court, in which railroads have been parties are not 
 inserted here, but such only as the respective reporters have deemed germane 
 to the subject of railroads, for railroads are often in litigation where no 
 question of railway law arises. 
 
 Leases, Deeds of Trust, Contracts and Mortgages are collated under the 
 names of each company. 
 
 An alphabetical list of railroads, in operation in the State precedes the 
 index. 
 
 Where a charter is given all the laws relating to it follow in order of time. 
 The public laws are printed in the same order. 
 
 Railroad laws have so multiplied as to embarrass those having occasion to 
 trace them through so many volumes. It is hoped this compilation may 
 abridge their labors. 
 
 Wateeville, July 23, 1875. 
 
ATLAOTIC AND ST. LAWRENCE RAILROAD. 
 
 The Atlantic and St. Lawrence Kailroad extends from Portland to 
 Island Pond in Vermont, one hundred and forty-nine miles. Eighty-two 
 miles are within the limits of Maine ; it thence passes through comers 
 of New Hampshire and Vermont, sixty-seven miles to Island Pond. It 
 is leased for nine hundred and ninety-nine years to the Grand Trunk 
 Railway of Canada, and is operated by it. 
 
 The right of way for the Atlantic and St. Lawrence Kailroad, with the 
 requisite chartered privileges, within the State of New Hampshire, was 
 granted by an act of the Legislature, passed June 30, 1847, entitled, "an 
 act constituting the Atlantic an'd St. Lawrence Kailroad Company a cor- 
 poration within this State." 
 
 The right of way for the Atlantic and St. Lawrence Railroad, with the 
 requisite chartered privileges within the State of Vermont, were granted 
 by an act of the General Assembly, passed October 27th, 1848, entitled, 
 "an act constituting the Atlantic and St. Lawrence Rail Road Company, 
 a corporation within the State." 
 
 LAWS OF 1845, CHAP. 195. 
 An act to establish the Atlantic and St. Lawrence Railroad Company. 
 
 Sect. 1. He it enacted, die. That William P. Preble, 
 Josiah S. Little, John Mussey, Joha B. Brown, George Turner, 
 John Anderson, St. John Smith, Charles Cobb, John Dow, Corporators. 
 Abner Shaw, John Neal, Augustine Haines, Franklin Tink- 
 ham, Charles E. Barrett, Eliphalet Case, Thomas Hammond, 
 William E. Greelj, William Kimball, Charles Q. Clapp, James 
 L. Farmer, Woodbury Storer, and Eliphalet Greeley, their 
 associates, successors and assigns, are hereby made and consti- 
 tuted a body politic and corporate, by the name of the Atlan- 
 tic and St. Lawrence Eailroad Company, and by that name name, 
 may sue and be sued, plead and be impleaded, and shall have 
 and enjoy all proper remedies at law and in equity to secure 
 and protect them in the exercise and use of the rights and Eigjjtg powe*' 
 privileges, and in the performance of the duties hereinafter andpriviiegy 
 1 
 
10 
 
 ATLANTIC AND ST. LAWRENCE BAILROAD. 
 
 Location and 
 route. 
 
 granted and enjoined, and to prevent all invasion thereof, or 
 interruption in exercising and performing the same. And the 
 said corporation are hereby authorized and empowered to 
 locate, construct, and finally complete, alter and keep in repair, 
 a railroad, vs^ith one or more sets of rails or tracks, with all 
 suitable bridges, tunnels, viaducts, turnouts, culverts, drains 
 and all other necessary appendages, from some point or place 
 in the city of Portland, through the counties of Cumberland 
 and Oxford, and, if deemed advisable, through the south- 
 westerly corner of Frankhn, to the boundary Une of this 
 State, at such place as will best connect with a railroad to be 
 constructed from said boundary to Montreal in Canada. Said 
 railroad to be located and constructed in the general direction 
 of Sherbrooke and Montreal, on such route as the directors of 
 said corporation, in the exercise of their best judgment and 
 discretion, shall judge most favorable and best calculated to 
 promote the public convenience and carry into effect the inten- 
 tions and purposes of this act. And said corporation shall 
 be, and hereby are invested 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 herein set forth. 
 And for this purpose, said corporation shall have the right to 
 purchase, or to take and hold, so much of the land and other 
 real estate of private persons and corporations, as may be 
 necessary for the location, construction, and convenient opera- 
 tion of said railroad ; and that 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, tim- 
 ber or other materials, on or from the land so taken. Pro- 
 vided, however, that said land, so taken, shall not exceed six 
 rods in width, except where greater width is necessary for the 
 purpose of excavation or embankment: and provided, also,^2X 
 Incase of disa- in ^11 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 corpora- 
 tion shall pay such damages as shall be ascertained and deter- 
 mined by the county commissioners, for the county where such 
 
 greement, dam- 
 ages shall be as- 
 certained by 
 county commis- 
 sioners. 
 
ATLANTIC AND ST. LAWRENCE EAILEOAD. 11 
 
 land or other property may be situated, 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 high- 
 ways. And the land so taken by said corporation, shall be 
 held as lands taken and appropriated for public highways. 
 And no application to said commissioners to estimate said dam- . ,. ,. , 
 
 ^ ^ Application for 
 
 ages, shall be sustained, unlesss made within three years from estimate of 
 the time of taking such lands or other property ; and in case ja^wiann^ 
 such railroad shall pass through any woodlands or forests, the three years. 
 said company shall have the right to fell or remove any trees 
 
 ^ ■' '^ ' ■' Trees standing 
 
 standing thereon, within four rods from such road, which by witiiin four rods 
 their liability to be blown down or from their natural falling removed"*'^ ** 
 might obstruct or impair said railroad, by paying a just compen- 
 sation therefor, to be recovered in the same manner as is pro- ^o°be'paiT'™ 
 vided for the recovery of other damages in this act. And tiierefor. 
 furthermore said corporation shall have all the powers, privi- 
 leges and immunities, and be subject to all the duties and lia- 
 bilities, provided and prescribed respecting railroads in chapter 
 eighty-one of the revised statutes, not inconsistent with the 
 express provisions of this charter. 
 
 Sect. 2. When said corporation shall take any land or other 
 
 . , fl . -, ft . p , , . G-uardians of 
 
 estate as aforesaid, ot any mtant, person ncn compos mentis, certain persons 
 or feme covert, whose husband is under guardianship, the guar- ™*y '***i^ 
 
 / ° f & claims for dam- 
 
 dian of such infant, or person non compos mentis, and such ages. 
 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 goad and valid releases and 
 discharges therefor. 
 
 Sect. 3. The capital stock of said corporation shall consist 
 of not less than ten thousand nor more than thirty thousand a^aghlrlr'' 
 shares; and the immediate government and direction of the 
 affairs of said corporation sliall be vested in seven, nine, or 
 thirteen directors, who shall be chosen by the members of said 
 corporation, in the manner hereinafter provided, and shall ^osen &c'"'^ 
 hold their offices until others shall have been duly elected and 
 qualiiied to take their places, a majority of whom shall forma tenure of om^f 
 quorum for the transaction of business ; and they shaU elect Quorum. 
 
12 
 
 ATLANTIC AKD ST. LAWRENCE RAILROAD. 
 
 President and 
 clerk. 
 
 Oaths. 
 
 Treaanrer. 
 
 Bonds. 
 
 Notice, how 
 given. 
 
 First meeting, 
 how called. 
 
 By-laws and 
 regulations. 
 
 Directors, pow 
 ers of. 
 
 one of their number to be 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 treasurer who shall be sworn 
 and also give bonds to the corporation, with sureties, to the 
 satisfaction of the directors, in a sum 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 times as they may deter- 
 mine, in the town of Augusta, and the cities of Bangor and 
 Portland, in this State, and the cities of Salem and Boston, in 
 Massachusetts, and elsewhere as they shall appoint, to remain 
 open for ten successive days, of which time and place of sub- 
 scription public notice shall be given in some newspaper 
 printed in Portland, Augusta and Boston, twenty days at least 
 previous to the opening of such subscription ; and in case the 
 amount subscribed shall exceed thirty thousand shares, the 
 same shall be distributed among all the subscribers, according 
 to such regulations as the persons having charge of the open- 
 ing of the subscription books shall prescribe, before the open- 
 ing 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 town and cities last above 
 named, of the time and place, and the purposes of such meet- 
 ing, at least twenty days before the time mentioned in such 
 notice. 
 
 Sect. i. Said corporation shall have power to make, ordain 
 and establish, all necessary by-laws and regulations, consistent 
 with the constitution and the laws of this State, for their own 
 government, and for the due and orderly conducting of their 
 afiairs, and the management of their property. 
 
 Sect. 5. 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 corpo- 
 ration for the purpose of locating, constructing and completing 
 said railroad, and for the transportation of persons, goods and 
 
ATLANTIC AND ST. LAWEENCB EAILBOAD. 13 
 
 property of all descriptions, and all such power and authority 
 for the management of the affairs of the corporation as may 
 be necessaiy and proper to carry into effect the objects of this 
 grant ; to purchase and hold, within and without the State, 
 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 AssesBments, 
 expedient and necessary in the execution and the 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 Neglect to pay, 
 the space of thirty days after such notice is given, as shall be sold by auction, 
 prescribed by the by-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 afore- 
 said, to the highest bidder, and the same shall be transferred 
 to the purchaser, and such delinquent subscriber, or stock- 
 holder, shall be held accountable to the corporation for the bal- 
 ance, if his share or shares shall sell for less than the assess- 
 ments due thereen, with the interest and costs of sale ; and 
 shall be entitled to the overplus, if his share or shares shall overplus, how- 
 sell for more than the assessments due, with interest and costs '^"P''^^'^ "'• 
 of sale. 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. 6. A toll is hereby granted and established for the tou granted, 
 sole benefit of said corporation, upon all passengers, and prop- 
 erty of all descriptions, which may be conveyed or transported 
 by them upon said road, at such rate as may be agreed upon Rates of ton. 
 and established from time to time by the directors of said cor- 
 poration. The transportation of persons and property — the 
 construction of wheels — the forms of cars and carriages — the Transportation 
 weights of loads and all other matters and things in relation coMtruotion of 
 to said road, shall be in conformity with such rules, regulations wheels, form, 
 and provisions, as the directors shall from time to time pre- 
 scribe and direct. 
 
14 
 
 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 Connections 
 with other coin- 
 pimies, legisla- 
 ture may au- 
 tliorize. 
 
 Transportation 
 of persons, 
 goods and prop- 
 erty. 
 
 Private ways 
 not to be ob- 
 structed. 
 
 Canal or high- 
 way, same. 
 
 May erect gates. 
 
 Shall keep 
 bridges in good 
 repair. 
 
 Authorized to 
 erect bridges 
 over tide wat- 
 ers, pond, and 
 streams. 
 
 Sect. 7. The legislature may authorize any other company 
 or companies to connect any other railroad or raih-oads with 
 the railroad of said corporation, but only on the easterly side 
 thereof at any points on the route of said railroad. And said 
 corporation shall receive and transport all persons, goods and 
 property of all descriptions, which may be carried and trans- 
 ported to the railroad of said corporation, on such other rail- 
 roads 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 passengers, goods and other property as may be received 
 from such other railroads, so connected with said railroad, as 
 aforesaid, shall not exceed the general rates of freight and 
 toll, on said railroad, received for freight and passengers at 
 any of the deposits of said corporation. 
 
 Sect. 8. 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 said 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. 9. Said railroad corporation shall constantly main- 
 tain, in good repair, all bridges, with their abutments, and 
 embankments, 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 turn- 
 pike over said railroad. 
 
 Sect. 10. If said railroad shall, in the course thereof, cross 
 any tide waters, navigable rivers or streams, the said corpora- 
 tion are hereby authorized and empowered to erect for the 
 sole and exclusive travel on their said railroad, a bridge across 
 
Shall erect 
 
 ATLANTIC AND ST. LAWRENCE EAILEOAD. 15 
 
 each of said rivers, or streams, or across any such tide waters ; 
 provided, said bridge or bridges shall be so constructed p,s not 
 unnecessarily to obstruct or impede the navigation of said 
 waters. 
 
 Sect. 11. Said railroad corporation shall erect, and maintain 
 substantial, legal and sufficient fences, on each side of the land "tences 
 taken by them for their railroad, where the same passes through 
 enclosed or improved lands, or lands that may hereafter be 
 improved; and for neglect or failure to erect and maintain neglect^ &c. 
 such fence, said coi-poration shall be liable to be indicted in ** ^^-i ^'^■ 
 the district court, for the county where such fence shall be 
 insufficient, and to be fined in such sum as shall be adjudged 
 necessary to repair the same ; and such fine shall be expended j-ine, how ap- 
 for the erection or repair of said fence, under the direction of prop"ate<i. 
 an agent appointed by said court, as in case of fines imposed 
 upon towns for deficiency of highways. 
 
 Sect. 12. The said corporation shall, at all times, when 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 road as required, for a fair and reasonable compensation. 
 And in case the corporation and the postmaster-general shall 
 be unable to agree upon the compensation aforesaid, the leg- 
 islature of the State shall determine the same. And the said 
 corporation, after they shall commence the receiving of tolls, 
 shall be bound, at all times, to have said railroad in good 
 
 ' ' *= Facilities for 
 
 repair, and a sufficient number of suitable engines, carriages transportation 
 and vehicles, for the transportation of persons and articles, and "^ "•*<='«'. *'^- 
 be obliged to receive, at all proper times and places, and con- 
 vey the same when the appropriate toUs therefor shall be 
 paid or tendered ; and a lien is hereby created on all articles Lien, 
 transported for said tolls. And the said corporation, fulfilling 
 on its part all and singular the several obligations and duties _ j 
 by this section imposed and enjoined upon it, shall not be held obugationa. 
 or bound to allow any engine, locomotive, cars, carriages, or 
 other vehicle for the transportation of persons or merchandise, 
 to pass over said railroad, other than its own, furnished and 
 provided for that purpose, as herein enjoined and required ; 
 provided, however, that said corporation shall be under obli- proTiso. 
 
16 
 
 ATLANTIC AKD ST. LAWRENCE EAILEOAD. 
 
 gation to transport over said road, in connection with their own 
 trains, the passenger and other cars of any other incorporated 
 company that may hereafter construct a railroad, connected 
 with that hereafter authorized, on the easterly side thereof; 
 such other company being subject to all the provisions of the 
 sixth and seventh sections of this act, as to rates of toll and 
 all other particulars enumerated in said section. 
 
 Sect. 13. If any person shall wilfully and maliciously, or 
 M»iicioas wantouly and contrary to law, obstruct the passage of any 
 
 obsmioaon and carriage on said railroad, or in any way spoil, injure or destroy 
 porate propeitr. Said railroad, or any part thereof, or any thing belonging 
 owpa . (.{jgpQjQ^ Qj. g^Q-y. 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 offence, 
 treble such damages as shall be proved before the justice, 
 court or jury, before whom the trial shall be had, to be aied 
 for before any justice, or in any court proper to try the tame, 
 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 jury of the 
 county, within which 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 five hundred dollars to the 
 use of the State, or may be imprisoned for a term not exceed- 
 ing five years, at the discretion of the court before whom such 
 conviction may be had. 
 
 Sect. 14. Said corporation shall be and hereby is invested 
 with power and authority to continue and prolong said rail- 
 road, beyond the line of this State, to the boundary of Can- 
 ada ; and to purchase, take and hold lands, or the right of way 
 over lands for the purpose of constructing said railroad, in 
 continuation without the Kmits of this State, on and over said 
 lands to the said boundary of Canada. Provided, the same 
 can be done consistently with the laws and regulations of the 
 State or States in which such lands lie, and through and over 
 the territory of which such raikoad in continuation would 
 pass. 
 
 Power to coil' 
 tinae said rail- 
 ' road to bound- 
 ary of Canada. 
 
 Proviso. 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 17 
 
 Sect. 15. Said corporation shall keep in a book for that pur- 
 pose a regular account of all their disbursements, expenditures fjj^'recelpts"*' 
 and receipts, and the books of said corporation shall at all account of, to 
 times be open to the inspection of the governor and council, 
 and of any committee duly authorized by the legislature ; and 
 at the expiration of every year, the treasurer of said corpora- 
 tion shall make an exhibit, under oath, to the legislature, of 
 the net profits derived from the income of said railroad. 
 
 Sect. 16. All real estate purchased by said corporation, for 
 
 , , f,«, . n I ■ 1 11 Real estate of 
 
 the use oi the same, under the mth section ot this act, shall corporation, 
 be taxable to said corporation by the several towns, cities and ^i^en taxable, 
 plantations, in which said lands may lie, in the same manner 
 as lands owned by private persons, and shall in the valuation 
 list be estimated the same, as other real estate of the same 
 quality in such town, city or plantation, and not otherwise ; shares, where 
 and the shares owned by the respective stock-holders shall be **'^* "' 
 deemed personal estate, and be taxable as such to the owners 
 thereof, in the places where they reside and have their home. 
 And whenever the net income of said corporation shall have income and 
 amounted to ten per centum per annum upon the cost of the ^^^'"^ "^ '*™*' 
 road, and its appendages, and incidental expenses, the direc- 
 tors shall make a special report of the fact to the legislature : 
 from and after which time one moiety, or such other portion 
 as the legislature may from time to time determine, of the net 
 income from said railroad, accruing thereafter over and above 
 ten per centum per annum, first to be paid to the stock-holders, 
 shall annually be paid over by the treasurer of said corpora- 
 tion, as a tax, into the treasury of the State, for the use of the 
 State. And the State may have and maintain an action 
 ■ against said corporation therefor to recover the same. But 
 no other tax, than herein is provided, shall ever be levied or no other tax to 
 assessed on said corporation, or any of their privileges or ^ 'eviea. 
 franchises. 
 
 Sect. 17. The annual meeting of the members of said cor- 
 poration shall be holden on the second Monday in June, or Annual meet- 
 such other day as shall be determined by the by-laws, at such "^' 
 time and place as the directors, for the time being, shall appoint, 
 at which meeting, the directors shall be chosen by ballot, each 
 
18 . ATLANTIC AND ST. LAWRENCE EAILEOAD. 
 
 proprietor by himself or proxy being entitled to as many votes 
 as he holds shares, and the directors are hereby authorized to 
 Special meet- Call Special meetings of the stockholders, whenever they shall 
 '°^- deem it expedient and proper, giving such notice as the cor- 
 
 poration by their by-laws shall direct. 
 
 Sect. 18. The legislature shall at all times have the right to 
 Doings of cor- inquire into the doings of the corporation, and into the man- 
 poration may ^^^ ^^ which the privileges and franchises herein and hereby 
 
 be inquired r o ./ 
 
 into by legisia- granted may have been used and employed by said corporation 
 42 Me., 579. ^iid to correct and prevent all abuses of the same, and to pass 
 any laws imposing fines and penalties npon said corporation, 
 which maybe necessary more effectually to compel a oompliance 
 with the provisions, liabilities and duties, hereinbefore set forth 
 and enjoined, but not to impose any other or further duties, lia- 
 bilities or obligations. And this charter shall not be revoked, 
 annulled, altered, limited, or restrained, without the consent 
 of the corporation, except by due process of law. 
 
 Sect. 19. If the said corporation shall not have been organ- 
 organixation, ized, and the location according to actual survey of the route 
 ■irten to'be" ' ^^^ ^'"^ ^^^ county Commissioners, of the counties through 
 made. which the same shall pass, on or before the thirty-first day of 
 
 December, in the year of our Lord one thousand eight hun- 
 dred and fifty, 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 sixty, 
 in either of the above mentioned cases, this act shall be null 
 and void. Approved February 10, 1845. 
 
 LAWS OF 1846, CHAP. 310. 
 
 An act in addition to "an act to establish the Atlantic and St. Lawrence 
 Eailroad Company." 
 
 Sect. 1. Be it enacted, (&c. That the Atlantic and St. Law- 
 hoidre^^^te ^^^^^ Kailjoad Company shall have, and there hereby is grant- 
 within the ' ed to them, the right and power to take and hold such and so 
 fofdepot! &r* ^^^^ °^ ^^^ ^^"^S' fiats, and other real estate, of private per- 
 sons and corporations, situate and lying within the city of 
 Portland, and adjoining the navigable waters of Portland 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 19 
 
 harbor, as the directors of said company in the exercise of 
 their best judgment and discretion shall judge to be best situ- 
 ated to promote public convenience, and to be necessary for 
 the location and purposes of a suitable depot, landing, wharves, 
 and other objects, connected with the uses and business of 
 said road at the Atlantic termination thereof. And the lands 
 so taken shall be deemed to be held and taken for public uses 
 under the laws and constitution of this State : Provided, how- proviso. 
 ever, that the lands, flats, and other real estate so taken by said 
 corporation, shall not extend beyond, but shall every part and ^^ ^^■' ^' 
 parcel thereof, lie and be contained within the following exte- 
 rior limits and boundaries, that is to say, beginning at the 
 channel of Fore river on a hne with India street, on the north- 
 easterly side thereof, thence running to Fore street, thence by 
 said Fore street northeasterly to a point northeasterly of 
 Thurston's ship-yard, so called, where said Fore street 
 approaches nearest to the edge of the high bank of said Fore 
 river, thence in a direct line at right angles to the channel and 
 thence by the channel to the place of beginning ; and provided 
 also, that said corporation shall pay for any lands, flatp, and 
 other real estate, so taken as aforesaid, a jugt and reasonable Topay just 
 price and equivalent therefor ; and in case the parties interested compensation, 
 shall not otherwise agree, said corporation shall pay such price 
 and equivalent therefor, as the county commissioners for the 
 county of Cumberland shall adjudge and determine to be the 
 fair value thereof; the doings and proceedings of said commis- 
 sioners in the premises being governed and conducted in all 
 cases in the same manner, and under the same conditions and 
 limitations, as are by law provided for ascertaining and deter- 
 mining the damages occasioned by the laying out of highways, fscra-tataed"' 
 And the said commissioners are hereby authorized and required 
 on the written application of either party to proceed to exam- 
 ine, hear, and adjudicate, in the premises, and to cause their 
 doings to be entered as of record on the records of their 
 doings as county commissioners. 
 
 Sect. 2. The Atlantic and St. Lawrence Railroad Company corporation 
 shall have the right, and there is hereby granted to them the ^^y *""'' ««»- 
 power, to build a suitable sea wall, and suitable breastworks, docks, &c. ' 
 
20 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 wharves, and docks, connected with their said depot and ter- 
 minus, for the reception, landing, lading, transhipment, and 
 forwarding of merchandise and freight, transported, or to be 
 transported, by and over said road, and for the accommodation 
 and security of ships and vessels, receiving or discharging 
 merchandise, freight, or passengers. And to this end there is 
 hereby further granted to them the right to build and con- 
 struct a pier or piers on the middle ground, so called, for the 
 protection and convenience of such ships and vessels, and for 
 the better accommodation of the trade and business of said 
 road, so however as not to obstruct and impede the ^ee nav- 
 igation of said harbor. 
 
 Sect. 3. This act shall take effect and be in force from and 
 after the approval thereof by the governor. Approved June 
 17, 184:6. 
 
 LAWS OF 1848, CHAP. 135. 
 
 An act to authorize the city of Portland to aid the construction of the 
 Atlantic and St. Lawrence Railroad. 
 
 Portland au- 
 thorized to loan 
 
 to take effect. 
 
 Sect. 1. Be it enacted, c&c. That the city of Portland is 
 hereby authorized to loan its credit to the Atlantic and St. 
 its credit. Lawrencc Railroad Company, in aid of tlie construction of 
 
 their railroad, subject to the following terms and conditions. 
 
 Sect. 2. This act shall not take effect, unless it shall be ac- 
 when this act cspted by the directors of said railroad company, and by the 
 vote of the inhabitants of said city, voting in ward meetings 
 duly called, according to law ; and at least two-thirds of the 
 votes cast at such ward meetings shall be necessary for the ac- 
 ceptance of the act. The returns of such ward meetings 
 shall be made to the aldermen of the city, and by them count- 
 ed and declared, and the city clerk shall make record thereof. 
 
 Sect. 3. Upon the acceptance of the act as aforesaid, the 
 city treasurer is authorized to make and issue from time to 
 time, for the purposes contemplated in this act, the scrip of 
 said city, in convenient and suitable sums, payable to the hold- 
 er thereof, on a term of time not less than twenty, nor more 
 than thirty years, with coupons for interest attached, payable 
 semi-annually, or yearly, as may be agreed. 
 
 When the city 
 ^u^yigsne scrip, 
 
ATLANTIC AND ST. LAWKENCE EAILKOAD. 21 
 
 Sect. 4. When the railroad company shall have received 
 from assessments upon the shares of the private stockholders ''^™ ^"'■^ *» 
 
 ^ ■ n 1 be delivered 
 
 therein and shall have expended upon the construction of the and to whom, 
 road, and its necessary equipment, the sum of five hundred 
 and fifty thousand dollars, the city treasurer shall then deliver 
 to the directors of the company, the scrip aforesaid to the 
 amount of two hundred thousand dollars. When the company 
 shall have expended that sum in the further construction and 
 equipment of the road, and shall have received from the as- 
 sessments upon the shares of private stockholders, the further 
 amount of one hundred thousand dollars, the city treasurer 
 shall deliver of the scrip, a further amount of three hundred 
 thousand dollars. 
 
 Sect. 5. When the company shall have expended in the 
 further construction and equipment of the road, at least one 
 half the proceeds of the scrip last named, further portions of 
 the scrip shall be from time to time delivered thereafter, in 
 such amounts and proportions, that the aggregate of all the 
 scrip delivered shall at no time exceed the whole kmount of 
 the assessments paid in and expended. But the whole amount Amount of scrip 
 of the scrip to be issued and delivered shall never exceed one jioonQQ^^* 
 million of dollars. 
 
 Sect. 6. Before the delivery of any of the scrip, in any of 
 the cases provided in the preceding sections, the directors of 
 the company shall furnish satisfactory evidence to the mayor 
 and aldermen of the city, that all the pre-requisites therein Pre-requisites 
 
 ^ ^ of delivering 
 
 prescribed in the several cases have been respectively complied the scrip, 
 with, and shall file with the city treasurer a certificate of such 
 compliance, signed by the president and treasurer of the com- 
 pany, to which certificate they shall severally make oath. In 
 all cases, the scrip shall bear date from the delivery thereof, 
 and the proceeds thereof shall be applied by the directors of proceeds how 
 the company, exclusively to the construction and necessary ^pp^'®**- 
 furniture and equipment of the Atlantic and St. Lawi-ence 
 Railroad. 
 
 Sect. 7. Upon the delivery of each and every portion of Bond of cor- 
 the scrip aforesaid, the directors shall execute and deliver to p"'^^'^™ •» t"** 
 the city treasurer, the bond of the company, in an equal 
 
22 
 
 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 stock of rail- 
 road to be de- 
 livered to the 
 city. 
 
 ■ Assessments 
 and voting 
 thereon. 
 
 Lien of city. 
 
 Sinking fund. 
 
 Commissioners 
 
 Bond. 
 
 amount, payable to the city, conditioned that the company 
 will duly pay the interest on said scrip, and will provide for 
 the reimbursement of the principal thereof, and hold the city 
 harmless on account of the issue of the same, according to the 
 provisions of this act. 
 
 Sect. 8. The directors shall also transfer to the city, upon 
 the delivery of any portion of the scrip as aforesaid, an equal 
 amount in the shares of the company, to be held as collateral 
 security for the bond of the company, required to be given in 
 such case. And the shares so held as collateral shall be cred- 
 ited on the stock books of the company as fuUy paid up, and 
 no assessments shall ever be required thereon, nor shall any 
 dividends be paid on the same, nor any right of acting or vot- 
 ing at the meetings of the company be claimed or exercised by 
 reason of said shares, so long as the same shall be held as col- 
 lateral as aforesaid. 
 
 Sect. 9. From and after the issue and delivery to the 
 directors of any portion of the scrip aforesaid, the city shall 
 have a lien upon the said railroad, and upon all the property 
 and franchise of the company, to secure the performance of 
 the conditions of all the bonds of the company, executed and 
 delivered under the provisions of this act. 
 
 Sect. 10. For the purpose of providing for the reimburse- 
 ment of the principal of the scrip, authorized to be issued by 
 this act, there shall be established a sinking fund, and com- 
 missioners shall be appointed to manage the same. One of 
 said commissioners shall be appointed by the mayor and alder- 
 men of the city, and one by the directors of the company, and 
 in case of a vacancy in the place of either, the same shall be 
 supplied by the mayor and aldermen, or by the directors, 
 respectively. Both of said commissioners shall be appointed 
 and qualified before the delivery to the directors of any of the 
 scrip. The commissioners shall severally be sworn to the 
 faithful discharge of the duties enjoined upon them by this 
 act, in presence of the city clerk, who shall make a certificate 
 and record thereof, as in the case of the qualification of city 
 officers. Each of the commissioners shall give a bond to the 
 city, with satisfactory sureties, in the penal sum of ten thou- 
 
ATLANTIC AND ST. LAWKENCE EAILEOAD. 23 
 
 sand dollars, conditioned for the faithful discharge of his duty 
 
 as commissioner. They shall receive such compensation as compensation. 
 
 may be established by the directors, which shall be paid to 
 
 them by the company, and shall not be diminished during 
 
 their continuance in oflBce. 
 
 Sect. 11. Whenever the directors shall receive any portion of 3;^^^.^^^,^ 
 the scrip, authoi-ized as aforesaid, to be delivered to them, they tow consti- 
 shall pay to the city treasurer, tv^^o per cent, of the amount of the. *"'°*' 
 scrip so delivered, which amount shall be, by the city treasurer, 
 placed to the credit of the commissioners of the sinking fund, 
 and shall constitute a part of said fund. The directors shall 
 also, annually in the month of April, pay to the city treasur- 
 er, from the income of the road, one per cent, of the whole 
 amount of scrip which shall have been, before that time issued 
 and delivered, and shall be then outstanding ; but after the 
 expiration of five years from the time of the delit^ery and re- 
 ceipt of the first portion of scrip as aforesaid, the said annual 
 payments from the income of the road shall be increased to 
 one and a half per cent, of the amount of the scrip, then out- 
 standing as aforesaid, and the said annual payments of one 
 per cent, for five years, and one and a half per cent, annually 
 thereafter, shall be successively placed to the credit of the 
 commissioners of the sinking fund, and shall constitute a part 
 of said fund. 
 
 Sect. 12. The commissioners shall have the care and man- 
 agement of all the moneys and securities at any time belong- ^"® "'' *'*® 
 ing to said fund ; but the moneys uninvested and the securities ™'"'°^*' 
 shall be in the custody of the city treasurer, who shall be, by 
 virtue of his oflice, treasurer of the sinking fund, and shall be 
 responsible, on his official bond to the city, for the safe keep- * 
 ing of the moneys and securities of the fund. He shall pay 
 out and deliver any of the said moneys and securities only 
 upon the warrant of the commissioners. 
 
 Sect. 13. The commissioners shall from time to time, at „, 
 
 ,.-.,, ' Money, haw m 
 
 their discretion, invest the moneys on hand securely, so that vested. 
 they shall be productive, and the same may be loaned on 
 mortgage of real estate, or to any county, or upon pledge of 
 the securities of any county in this State, or invested in the 
 
24 
 
 ATLANTIC AND ST. LAWKENCE RAILROAD. 
 
 Sinking fund, 
 how applied. 
 
 Shares, how 
 sold. 
 
 stock of this State, or of the United States, or in the stock of 
 any railroad company in New England, whose road is com- 
 pleted, and whose capital has been wholly paid in. Any por- 
 tion of the fund may be invested in the city scrip authorized 
 by this act, and such scrip shall not thereby be extinguished, 
 but shall be held by the commissioners, like their other invest- 
 ments, for the purposes of the fund. An amount not exceed- 
 ing ten per cent, of the fund may be loaned on pledge of the 
 stock of any bank, or of any stock insurance company in this 
 State. And the commissioners may from time to time sell 
 and transfer any of said securities. 
 
 Sect. 14. The sinking fund and all the sums which shall be 
 added thereto by accumulation upon the investments thereof, 
 shall be reserved and kept inviolate for the redemption and 
 reimbursement of the principal of said scrip at the maturity 
 thereof, and shall be applied thereto by the commissioners. 
 
 Sect. 15. Any of the shares in the stock of the railroad 
 company, held by the city as collateral, may be sold and trans- 
 ferred by direction of the commissioners of the sinking fund, 
 with the consent of the directors of the railroad company, 
 ' whenever an exchange thereof can be advantageously made 
 for any of the city scrip, authorized by this act, or whenever 
 the said scrip can be advantageously purchased with the pro- 
 ceeds of any such sale of such collateral shares. And the 
 scrip so purchased or taken in exchange, shall be thereupon 
 cancelled and extinguished, and the amount thereof shall be 
 endorsed on the respective bonds of the railroad company 
 given on the issue and delivery of such scrip. But no part of 
 the sinking fund, or of its accumulations shall be applied at 
 any time or in any manner to the redemption and extinguish- 
 ment of the scrip before maturity thereof. 
 
 Sect. 16. Kthe directors of the railroad company shall, at 
 Shares may be any time, fail to pay to the city treasurer, for the sinking fund, 
 the amount aforesaid of one per cent, or of one and a half 
 per cent, required to be paid into the sinking fund, out of the 
 income of the road, the commissioners are authorized, at their 
 discretion, upon such notice to the company as they shall 
 deem suitable, to sell so many of such collateral shares as may 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 25 
 
 be necessary to produce the amount of such deficiency, and 
 the proceeds of such sale shall thereupon be paid into the sink- 
 ing fund, and shall be applied to the purposes thereof. And 
 all conveyances and transfers of such collateral shares shall be 
 made by the city treasurer, \inder the direction of the commis- 
 sioners of the fund, in pursuance of the provisions of this act. 
 
 Sect. 17. The commissioners shall keep a true record of all A.ccounu to be 
 their proceedings and an account of all the sums paid into kept. 
 the fund, and of the investments made of the same, and shall, 
 annually, in the month of July, report to the mayor and alder- 
 men, and to the directors of the railroad company, their pro- 
 ceedings for the year, the amount and condition of the fund, 
 and the income of the several parts thereof. And their re- 
 cords, and the accounts of the fund, and the securities belong- 
 ing thereto, shall at all times be open to inspection by such 
 committee as may be appointed for that purpose by the mayor 
 and aldermen, or by the directors of the company. 
 
 Sect. 18. To secure the faithful discharge of the several 
 trusts confided to the said commissioners under this act, the 
 supreme judicial court is hereby empowered, upon the com- 
 plaint of the mayor and aldermen, or of the directors of the 
 railroad company, against the said commissioners, or either of 
 them, concerning any of said trusts and duties, by summary 
 process according to' the course of proceedings in equity, to 
 hear and adjudge upon the matter of such complaint, and to 
 issue thereon any suitable writ or process, and make any pro- 
 -per decree to compel the appropriate discharge and perform- 
 ance of such trusts and duties, and to remove the said com- • 
 missioners, or either of them ; and in case of such removal, the 
 vacancy shall be immediately supplied, as provided in the 
 tenth section of this act. 
 
 Sect. 19. If the said sinking fund with its accumulations, 
 
 '^ Excess, how 
 
 shall at any time exceed the amount of the scrip unredeemed paid, 
 and outstanding, all such excess shall be annually paid over to 
 the railroad company ; and if any surplus of the fund shall re- 
 main after the redemption and reimbusement of all the scrip, 
 BUch surplus shall be paid over to the company. 
 
 S:eot. 20. This act shall take effect and be in force, from 
 2 
 
 Powers of 
 court. 
 
26 
 
 Acceptance of 
 act. 
 
 ATLANTIC AND ST. LAWEENCE RAILROAD. 
 
 and after its approval by the governor, so far as to empower 
 the directors of the raih-oad company, and the inhabitants of 
 the city to act upon the question of accepting the same, as pro- 
 vided in the second section of this act. And the several ward 
 meetings of the inhabitants for that purpose, shall be called 
 and holden vrithin thirty days after such approval. And if the 
 act shall be accepted as aforesaid, then, after such acceptance, 
 and record thereof, aU the parts of the act shall take effect 
 and be in full force. Approved August 1, 1848. 
 
 Capital stock 
 increased. 
 
 LAWS OF 1850, CHAP. 304. 
 
 An act additional to an act to establish the Atlantic and St. Lawrence 
 Railroad Company. 
 
 Be it enacted, &c. Sect. 1. The capital stock of the At- 
 lantic and St. Lawrence Kailroad Company is hereby in- 
 creased ten thousand shares, so that the capital stock of said 
 company shall consist of not less than ten thousand nor more 
 than forty thousand shares. 
 
 Seoi\ 2. This act shall take effect from and after its appro- 
 val by the governor. Approved June 12, 1850. 
 
 LAWS OF 1850, CHAP. 335. 
 
 An act to authorize the city of Portland to grant further aid in the con- 
 struction of the Atlantic and St. Lawrence Railroad. 
 
 Be it enacted, &c. Sect. 1. The city of Portland is hereby 
 City of Portland •*'^*^°^'^^®*^ *^ make a further loan of its credit to the Atlantic 
 authorized to and St. Lawrence Railroad Company, in aid of the construc- 
 tion, of their railroad — subject to the following terms and con- 
 ditions. 
 
 Sect. 2. This act shall not take effect, unless it shall be 
 accepted by the directors of said railroad company, and by 
 the vote of the inhabitants of said city, voting in ward meet- 
 ings duly called according to law ; and at least two-thirds of 
 the whole number of votes cast at such ward meetings shall 
 be necessary for the acceptance of the act. The returns of 
 such ward meetings shall be made to the aldermen of the city, 
 
 loan its credit. 
 
 Act when to 
 take effect. 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 27 
 
 and they shall count and declare the votes returned, and the 
 city clerk shall make record thereof. 
 
 Sect. 3. Upon the acceptance of the act as aforesaid, the 
 
 ^ '■ „ . Scrip to be 
 
 city treasurer is authorized to make and issue from time to issued, &c. 
 time, for the purposes contemplated in this act, the scrip of 
 said city, in convenient and suitable sums, payable to the hold- 
 er thereof, on a term of time not less than twenty, nor more 
 than thirty years, with coupons for interest attached, payable 
 semi-annually or yearly. 
 
 Sect. 4. The whole amount of the scrip to be issued and , , , , 
 
 ^ Amount not to 
 
 delivered under this act, shall not exceed five hundred thou- exeeed $6oo,ooo. 
 
 sand dollars, and the same shall be delivered by the city 
 
 treasurer to the directors of the railroad company from time 
 
 to time as may be required, subject to the several provisions of 
 
 this act. In all cases, the scrip shall bear date from the de- 
 Date of scrip, 
 livery thereof, and the proceeds of the same shall be applied and how ap- 
 
 by the directors of the company, exclusively to the construe- p'""^- 
 
 tion and necessary furniture and equipment of the Atlantic and 
 
 St. Lawrence Railroad. 
 
 Sect. 5. Upon the delivery of each and every portion of 
 the scrip aforesaid, the directors' shall execute and deliver to Bondoftiie 
 the city treasurer, for the city, the bond of the company in an °i™„™^ ^^^ ° 
 equal amount, payable to the city, conditioned that the com- scrip, 
 pany will duly pay the interest on said scrip, and will provide 
 for the reimbursement of the principal thereof, and hold the 
 city harmless on account of the issue of the same, according 
 to the provisions of this act. 
 
 Sect. 6. The directors shall also, if required by the mayor 
 and aldermen of the city, transfer to the city, upon the deliv- Security to be 
 ery of any portion of the scrip as aforesaid, an equal amount S'ven.ifrequir- 
 in the shares of the company, to be held as security for the 
 faithful performance of all the obligations of the company 
 mentioned in the preceding section, and the certificates of 
 such shares shall be delivered to the city treasurer. The 
 shares so transferred, shall be credited in the stock books of 
 the company as fully paid up. But the city shall not be taken ^^^ ^^^ ^^ 
 and held as a stockholder in the company by reason of the considered a 
 transfer of shares for the purposes aforesaid, under the provi- ^''"''^i'"''*^''- 
 
28 
 
 ATLANTIC AND ST. LAWKENCE KAILBOAD. 
 
 Additional lien. 
 
 Sinking fund. 
 
 Sinlcing fond, 
 how raised. 
 
 sions of this act, or of an act passed August first, one thousand 
 eight hundred and forty-eight, nor shall any assessments ever 
 be required on the shares hereby authorized to be transferred 
 as aforesaid, nor shall any dividends be paid on the same, nor 
 any right of acting or voting at the meetings of the company 
 be claimed or exercised by reason of said shares, so long as 
 the same shall be held as security as aforesaid. 
 
 Sect. 7. From and after the issue and delivery to the dii-ec- 
 tors of any portion of the scrip issued under this act, the city 
 shall have in addition to the lien which it now has by virtue 
 of the act passed as aforesaid August first, one thousand eight 
 hundi-ed and forty-eight, a further lien upon said railroad, and 
 upon all the property and franchise of the company to secure 
 the performance of the conditions of all the bonds, executed 
 and delivered under the provisions of this act, which lien may 
 be enforced, in the manner hereinafter provided. 
 
 Sect. 8. For the purpose of providing for the reimburse- 
 ment of the principal of the scrip, authorized to be issued by 
 this act, a sinking fund shall be established, and shall be un- 
 der the management of commissioners. The same persons 
 who shall from time to time, be the commissioners of the sink- 
 ing fund created under the act aforesaid, passed August first, 
 one thousand eight hundred and forty-eight, shall be the com- 
 missioners of the sinking fund created under this act. They 
 shall severally be sworn to the faithful discharge of the duties 
 enjoined upon them by this act, before the delivery of any 
 portion of the scrip hereby authorized, which oath shall be 
 taken in presence of the city clerk, who shall make record 
 thereof, as in case of the qualification of city officers. 
 
 Sect. 9. Whenever the directors shall receive any portion 
 of the scrip, authorized as aforesaid to be delivered to them, 
 they shall pay to the city treasurer two per cent, of the amount 
 of the scrip so delivered, which amount shall be by the city 
 treasurer placed to the credit of the commissioners of the 
 sinking fund, and ahaU constitute a part of the fund establish- 
 ed by this act. The directors shall also annually, in the month 
 of April, pay to the city treasurer, from the income of the 
 road, one per cent, of the whole amount of scrip which shall 
 
ATLAKTIC AND ST. LAWRENCE RAILROAD. 29 
 
 have been before that time issi^ed and delivered under this 
 act, and which shall be then outstanding ; but after the ex- 
 piration of five years from the time of the delivery and receipt 
 of the first portion of scrip as aforesaid, the said annual jjay- 
 ments from the income of the road shall be increased to one and 
 a half per cent, of the amount of the scrip so issued and then 
 outstanding as aforesaid, and the said annual payments of one 
 per cent, for five years, and one and a half per cent, annually 
 thereafter, shall be successively placed to the credit of the com- 
 missioners of the sinking fund, and shall constitute a part of 
 said fund established by this act. 
 
 Sect. 10. The commissioners shall have the care and man- 
 agement of all the moneys and securities at any time belone;- Smkmg fund, 
 
 ^ •' , •' ° how managed. 
 
 ing to said fund ; but the moneys unmvested, and the securi- 
 ties, shall be in the custody of the city treasurer, who shall be, 
 by virtue of his ofiice, treasurer of the sinking fund establish- 
 ed by this act, and shall be responsible in his ofiicial bond to 
 the city, for the safe keeping of the moneys and securities of 
 the fund. He shall pay out and deliver any of said moneys 
 and securities only upon the warrant of the commissioners. 
 
 Sect. 11. The commissioners shall, from time to time, at 
 their discretion, invest the moneys on hand, securely so that inveBtment of 
 they shall be productive, and the same may be loaned on sinking fund, 
 mortgage of real estate, or to any county, or upon pledge of 
 the securities of any county in this state, or invested in the 
 stock of this State, or of the United States. Any portion of 
 the fund may be invested in the scrip authorized by this act, 
 or by the aforesaid act of August first, one thousand eight 
 hundred and forty-eight, and such scrip shall not thereby be 
 extinguished, but shall be held by the commissioners, like their 
 other investments, for the purposes of the fund. An amount 
 not exceeding twelve per cent, of the fund may be loaned on 
 pledge of the stock of any bank, or of any stock insurance 
 company in this state, and the commissioners may from time 
 to time sell and transfer any of said securities. 
 
 Sect. 12. The sinking fund aforesaid, and all the sums ginking fund to 
 which shall be added thereto by accumulation upon the invest- ^^ reserved for 
 
 1 /»ini Til .'1 rt ^ specific pur- 
 
 ments thereoi, shall be reserved and kept inviolate for the pose. 
 
30 
 
 ATLANTIC AND ST. LAWEENCE RAILROAD. 
 
 Shares in the 
 stock may be 
 exchanged for 
 scrip. 
 
 Commissioners 
 authorized to 
 sell stock in cer- 
 tain cases. 
 
 Kecord, how 
 kept. 
 
 redemption and reimbursement of the principal of the scrip 
 anthorized by this act, at the maturity thereof, and shall be 
 applied thereto by the commissioners. 
 
 Sect. 13. Any of the shares in the stock of the company, 
 held by the city for security, as provided in the sixth section 
 of this act, may be sold and transferred by the commissioners 
 of the sinking fund, with the consent of the directors of the 
 company, whenever an exchange thereof can be advantageous- 
 ly made for any of the scrip authorized by this act, or when- 
 ever the said scrip can be advantageously purchased with the 
 proceeds of any such sale of such collateral shares. And the 
 scrip so purchased or taken in exchange, shall be thereupon 
 cancelled and extinguished, and the amount thereof shall be 
 endorsed on the respective bonds of the company given on the 
 issue and delivery of such scrip. But no part of the sinking 
 fund established by this act, or of its accumulations shall be 
 applied at any time or in any manner to the redemption and 
 extinguishment of the scrip before the maturity thereof. 
 
 Sect. 14. If the directors of the company shall at any time 
 fail to pay to the city treasurer for the sinking fund created 
 by this act, the amount aforesaid of one per cent., or of one 
 and a half per cent., required to be paid into the sinking fund, 
 out of the income of the road, the commissioners are authoriz- 
 ed, at their discretion, upon such notice to the company as they 
 shall deem suitable, to sell so many of the shares held by the 
 city for security, as may be necessary to supply the amount of 
 such deficiency, and the proceeds of such sale shall thereupon 
 be paid into the sinking fund, and shall become a part thereof. 
 All such conveyances and transfers of shares, which may be 
 sold as aforesaid, shall be made by the city treasurer, under 
 the direction of the commissioners. 
 
 Sect. 15. The commissioners shall keep a true record of 
 all their proceedings and an account of all the sums paid into 
 the fund, and of the investments of the same, and shall, annu- 
 ally in the month of July, report to the mayor and aldermen 
 of the city, and to the directors of the railroad company, their 
 proceedings for the year, the amount and condition of the 
 fund, and the income of the several parts thereof. There re- 
 
ATLANTIC AND ST. LAWEENCE EAILROAD. 31 
 
 cords and the accounts of the fund, and the securities belong- 
 ing thereto shall at aU times be open to the inspection of 
 any committee appointed for that purpose by the mayor and 
 aldermen, or by the directors of the company. 
 
 Sect. 16. To secure the faithful discharge of the several 
 trusts confided to the said commissioners under this act, the „ ,, 
 
 ' Matters ol com- 
 
 supreme judicial court is hereby empowered, upon the com- plaint between 
 plaint of the mayor and aldermen of the city, or of the direc- "^^""y*"''^ 
 
 ^ ^^ *' commissioners, 
 
 tors of the railroad company, against the said commissioners how adjusted. 
 or either of them, concerning any of their said trusts and 
 duties, by summary process, according to the course of pro- 
 ceedings in equity, to hear and adjudge upon the matters of 
 such complaint and to issue thereon, any suitable writ or pro- 
 cess, and make any lawful decree to compel the proper 
 discharge and performance of such duties and trusts, and to 
 remove the said commissioners or either of them. 
 
 Sect. 17. If the said sinking fund mth its accumulations 
 shall, at any time exceed the amount of the scrip unredeemed Excess of sink- 
 
 . n 1 ing fund, how 
 
 and outstanding, issued under this act, ail silch excess snail be applied, 
 annually paid over to tlie railroad company; and if any surplus 
 of the fund shall remain after the redemption and reimburse- 
 ment of all the said scrip, such surplus shall be paid over to 
 the company. And the mayor and, aldermen may from time 
 to time, cause to be reconveyed to the railroad company, such 
 parts of the stock transferred to the city under this act, or the 
 act aforesaid, passed August first, one thousand eight hundred 
 and forty-eight, as they may deem not to be required for the 
 securities herein provided. Upon the final completion of all 
 the duties enjoined upon the commissioners under this act, 
 their records and accounts shall be deposited with the rail- ^ 
 road company. 
 
 Sect. 18. For the purpose of securing and enforcing the 
 
 , , ^ Lien to be se- 
 
 lien granted to the city by the seventh section ot this act, and cured by a 
 by the ninth section of the act aforesaid, passed August first, """^'s^s^' 
 one thousand eight hundred and forty-eight, the directors of 
 the company are hereby authorized, and- it shall be their duty 
 whenever thereby directed by the mayor and alderman, to exe- 
 cute and deliver to the city of Portland a mortgage of said 
 
32 
 
 ATLAycnC AND ST. LAWRENCE EAILEOAD. 
 
 Mortgage, how 
 executed, &c. 
 
 Neglect ofduty, 
 
 roreclosure of 
 mortgage. 
 
 railroad and of all its property real and personal, and of the 
 franchise of the company. Such mortgage shall be signed by 
 the president of the company in his official capacity, and shall 
 be executed according to the laws of the several states through 
 which the railroad shall pass, and shall be of due and legal 
 form, and shall contain apt and sufficient terms for the securi- 
 ty of the city against any liabilities then existing, or which 
 may thereafter be incurred in pursuance of this act, and of the 
 act aforesaid, passed August first, one thousand eight hundred 
 and forty-eight. The record of such mortgage in the registry 
 of deeds for Cumberland county shall be a sufficient registry 
 thereof to all intents and purposes, within this State. If any 
 portion of the railroad shall not have been completed at the 
 time of the execution of such mortgage, the directors shall be 
 held whenever thereto requested, as aforesaid, to execute and 
 deliver other like mortgages of any other portion of the road 
 and property, as may be from time to time required, and 8u,ch 
 further mortgage shall be subject to like provisions, and shall 
 have like operation as is hereinbefore prescribed. 
 
 Sect. 19. If the directors of the company shall neglect or 
 refuse to execute and deliver any such mortgage, after request 
 as aforesaid, the mayor and aldermen may cause a suit in 
 equity to be instituted in the name of the city to compel the 
 due execution and delivery thereof. The supreme judicial 
 court for the county of Cumberland, shall have jurisdiction of 
 such suit, and shall hear and determine the same, by summary 
 process, in their discretion, and shall make such decree therein 
 as may be suitable to efiiect the purposes herein required. 
 
 Sect. 20. For the purpose of foreclosing any such mortgage 
 upon the property and ft-anchise of the company within this 
 State, it shall be sufficient for the mayor and aldermen to give 
 notice according to the mode prescribed in the fifth section of 
 the one hundred and twenty-fifth chapter of the revised sta- 
 tutes, which notice may be published in a newspaper printed in 
 the city of Portland, and record thereof may be made within 
 thirty days after the date of the last publication, in the regis- 
 try of deeds for the county of Cumberland, which publication 
 and record shall be sufficient for the purposes of such fore- 
 
ATLANTIC ANP ST. LAWRENCE EAILKOAD. 33 
 
 closure. Upon the expiration of three years from and after 
 such publication, if the conditions of such mortgage shall not 
 within that time have been performed, the foreclosure shall be 
 complete, and shall be sufficient to make the title to all the 
 property and franchise aforesaid, absolute in the city of Port- 
 land. And any transfer of any of the personal property of 
 the company, made after publication of such notice to foreclose, 
 without the consent of the mayor and aldermen, shall be 
 wholly void ; but lawful transfers and changes of any of the 
 personal property of the company, not including the franchise, 
 and the rails actually laid, and the right of way may be made 
 notwithstanding such mortgage, before publication of notice 
 to foreclose as aforesaid ; and all personal property acquired 
 by the company, by purchase, exchange or otherwise, after 
 the execution and delivery of any^ such mortgage, shall be 
 covered and held thereby. 
 
 Sect. 21. If the directors of the company shall at any time 
 
 '^ •' J city of Port- 
 
 neglect or omit to pay the interest which may become due lana to take 
 
 , ■ i» < -1 ■ • J TIT 1 T ,1 possession of the 
 
 upon any portion oi the scrip issued and dehvered under the ^^^ ;„ ^^^^ ti,^ 
 provisions of this act, or of the act aforesaid, passed August "ompany omit 
 
 , .,,,,-„ to pay the inter- 
 
 nrst, one thousand eight hundred and forty-eight, or to make est. 
 the annual payments thereby required for the sinking fund, 
 the city of Portland may take actual possession in the manner 
 hereinafter provided, of the railroad, of all the property real 
 and personal of the company and of the franchise thereof, and 
 may hold the same and apply the income thereof to make up 
 and supply such deficiencies of interest and amounts payable 
 for the sinking fund and aU further deficiencies that may 
 occur, while the same are so held, until such deficiencies shall 
 be fully made up and discharged. A written notice signed ^°*'<^«>'""' 
 by the mayor and aldermen or by a majority of their number, 
 and served upon the president or treasurer, or any director of 
 the company, or if there are none such, upon any stockholder 
 in the company, stating that the city thereby takes actual pos- 
 session of the railroad, and of the property and franchise of 
 the company, shall be a sufficient actual possession thereof, 
 and shall be a sufficient legal transfer of all the same for the 
 purposes aforesaid to the city, and shall enable the city to 
 
34 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 hold the same against any other transfers thereof, and against 
 any other claims thereon, until such purposes have been fully 
 accomphshed. Such possession shall not be considered as an 
 entry for foreclosure, under any mortgage hereinbefore pro- 
 vided, nor shall the rights of the city or of the company under 
 such mortgage be in any manner affected thereby. 
 
 Sect. 22. AU moneys received by or for the railroad com- 
 
 All money ac- •^^'-' j ,i 
 
 cruing from the pany, after notice as aforesaid, from any source whatever, and 
 notice to bdo'ng by whomsoevcr the same may be received, shall belong to and 
 to the city. i^g held for the use and benefit of the city, in the manner, 
 and for the purposes herein provided, and shall, after notice 
 given to persons receiving the same, respectively, be by them 
 paid to the city treasurer, which payment shall be an effectual 
 discharge from all claims of the company therefor ; but if any 
 person, without such notice, shall make payment of moneys so 
 received to the treasurer of the company, such payment shall 
 be a discharge of all claims of the city therefor. All moneys 
 received by the treasurer of tKe company, after such notice, 
 or in his hands at the time such notice may be given, shall be 
 by liim paid to the city treasurer, after deducting the amount 
 expended, or actually due for the running expenses of the 
 road, for the salaries of tlie oflB.cers of the company, and for 
 repairs necessary for conducting the ordinary operations of the 
 road. Such payments to the city treasurer shall be made at 
 the end of every calendar month, and shall be by him applied 
 to the payment of the interest due as aforesaid, and placed to 
 the credit of the commissioners of the sinking fund, in the 
 amounts required by the provisions of this act, and the act 
 aforesaid, passed August first, one thousand eight hundred 
 Penalty, &c. and forty-eight. And any person who shall pay or apply any 
 moneys received as aforesaid in any manner contrary to the 
 foregoing provisions, shall be personally liable therefor, and 
 the same may be recovered in an action for money had and 
 received, in the name of the city treasurer, whose duty it shall 
 be to sue for the same, to be by him held and applied as is 
 herein required. 
 
 Sect. 23. For the purpose of effecting the objects prescrib- 
 ed in the two preceding sections, the mayor and aldermen 
 
ATLANTIC AND ST. LAWRENCE EAILEOAD. 35 
 
 may cause a suit in equity to be instituted in the name of the ^ ''"' "' "*" 
 
 •^ rL J Junction maybe 
 
 city, in the supreme judicial court, in the county of Cumber- issued. 
 land, against the railroad company, its directors, and any 
 other person, as may be necessary for the purpose of discov- 
 ery, injunction, account or other relief under the provisions of 
 this act. And any judge of the court may issue a writ of in- 
 junction or any other suitable process on any such bill, in 
 vacation or in term time, with or without notice, and the 
 court shall have jurisdiction of the subject matter of such bill, 
 and shall have such proceedings and make such orders and 
 decrees, as may be within the powers and according to the 
 course of proceedings of courts of equity, and as the necessi- 
 ties of the case may require. 
 
 Sect. 24. If the railroad company shall after notice of pos- 
 
 „ . . - 11. 1 i> Directors to be 
 
 session as atoresaid, neglect to choose directors thereof, or any appointed by 
 other necessary officers, or none such shall be found, the thecityMPort- 
 
 •^ ' ^ land, in case 
 
 mayor and aldermen of the city shall appoint a board of direc- tife company 
 
 tors, consisting of not less than seven persons, or any other "efuse. 
 
 necessary officers, and the persons so appointed shall have all 
 
 the power and authority of officers chosen or appointed under 
 
 the provisions of the act estabhshing said company, and upon 
 
 their acceptance of such offices, shall be subject to all the 
 
 duties and liabilities thereof. 
 
 Sect. 25. This act shall take effect from and after its ap- Act when to 
 proval by the governor, so far as to empower the directors of **''^ ®*^*"'- 
 the railroad company and the inhabitants of the city to act 
 upon the question of accepting the same. The several ward 
 meetings of the inhabitants for that purposp, shall be called 
 and holden within thirty days after such approval. And if 
 the act shall be accepted as aforesaid, then after such accept- 
 ance and record thereof, all the parts of the act shall take 
 effect and be in full force. Approved July 27, 1850. 
 
36 ATLANTIC AND ST. LAWEENCE RAILROAD. 
 
 LAWS OF 1851, CHAP. 431. 
 
 An act respecting the sinking funds of the Atlantic and St. Lawrence 
 Railroad Company. 
 
 Be it enacted, dtc. Sect. 1. The commissioners of the 
 sinking fund, created by "an act to authorize the city of Port- 
 auZ^zedT land to aid in the cmistruction of the Atlantic and St. Law- 
 invest aaid jgjjgg Railroad," are hereby authorized to invest any portion 
 of said fund in the scrip authorized to be issued by said city 
 under an act passed July 27, 1850, entitled "an act to auth- 
 orize the city of Portland to grant further aid in the construc- 
 tion of the Atlantic and St. Lawrence Kailroad." 
 
 Sect. 2. This act shall take effect from and after its approval 
 by the governor. Approved June 2, 1851. 
 
 LAWS OP 1852, CHAP. 475. 
 
 An act to authorize the city of Portland to grant further aid in the con- 
 struction of the Atlantic and St. Lawrence Railroad. 
 
 Be it enacted, die. Sect. 1. The city of Portland is here- 
 
 Loan anthorii- f^ authorized to make a further loan of its credit to the Atlan- 
 
 tic and St. Lawrence Railroad Company for the purpose of 
 
 aiding the final completion and equipment of the railroad of 
 
 said company subject to the following terms and conditions. 
 
 Act not to take Sect. 2. This act shall not take effect, unless it shall be 
 
 cepted by com- accepted by the directors of said railroad company, and by the 
 
 pany and city ^^ ^f |.|jg inhabitants of Said city, voting in ward meetings 
 
 of Portland. j y o o 
 
 duly called according to law ; and at least two-thirds of the 
 
 whole number of votes cast at such ward meetings shall be 
 
 necessary for the acceptance of the act. The returns of such 
 
 how made. ' Ward meetings shall be made to the aldermen of the city, and 
 
 they shall count and declare the votes returned, and the city 
 
 clerk shall make record thereof. 
 
 City scrip how Sect. 3. TJpou the acceptance of the act as aforesaid, the 
 
 issued and city treasurer shall make and issue, for the purposes contem- 
 
 plated m this act, the scrip of said city in convenient and 
 
 suitable sums, payable to the holder thereof, on a term of 
 
 time, not less than twenty nor more than thirty years, with 
 
How applie<]. 
 
 ATLAOSTTIC AKD ST. LAWRENCE RAILROAD. 37 
 
 coupons for interest attached, payable semi-annually or yearly. 
 The whole ainount of said scrip shall not exceed the sum of 
 five hundred thousand dollars, and the same shall be delivered! 
 by the city treasurer to the directors of the railroad company, 
 subject to the several provisions of this act. The proceeds of 
 the same shall be applied by the directors of the company, 
 exclusively to the construction and necessary equipment of the 
 Atlantic and St. Lawrence Railroad. 
 
 Sect. 4. Upon the deUvery of the scrip aforesaid, the direc- ^o be secured 
 
 by penal bond. 
 
 tors of the railroad company shall execute and deliver to the 
 city treasurer, for the city, the bond of the company, in a 
 suitable penal sum, conditioned that the company will duly 
 pay the interest and the principal of said scrip, and wiU hold 
 the city harmless and free from all expendition, damage or 
 loss, on account of the issue and delivery of the same. 
 
 Sect. 5. As a further security for the issue and delivery of 
 said scrip, the directors of the company shall also deliver to isstiedandse- 
 the city treasurer the mortgage bonds of said company issued o^trtltfa^r** 
 and bearing date on the first day of April, eighteen hundred mortgage of 
 and fifty-one, and secured by a deed of trust and mortgage of 
 said railroad and the franchise and property of the company, 
 of the same date, heretofore executed and delivered by said 
 company to trustees for the benefit of the holders of the 
 mortgage bonds aforesaid. The amount of said mortgage Amount of 
 
 T. J 1 T 1 1 • 1 11 bonds equal to 
 
 bonds, so dehvered to the city treasurer, shall be equal to the tte amount of 
 amount of the scrip issued and delivered under this act, and ^"^' 
 the same shall be held by the city treasurer, for the time being, 
 as collateral security to the obligation and bond given by the 
 company as aforesaid, to hold and save the city harmless on 
 account of the issue and delivery of said scrip. Upon the pay- ^''tei'sst war- 
 ment by the company of the interest which shall from time to on payment of 
 time accrue upon the said scrip, the city treasurer shall cancel '"**''***■ 
 and surrender to the company an amount of the interest war- 
 rants attached to said mortgage bonds, equal to, and corres- 
 ponding as nearly as may be, in date, to the amount of interest 
 so paid on said scrip. 
 
 Sect. 6. At the maturity of the mortgage bonds herein 
 provided to be delivered as collateral security, and after the 
 
38 
 
 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 Trustees au- 
 thorized, on 
 non-payment of 
 scrip, to convey 
 title to city of 
 Portland. 
 
 City to hold the 
 property con- 
 veyed as secu- 
 rity. 
 
 Act when to 
 take effect. 
 
 payment of all the other mortgage bonds issued under said 
 deed of trust and mortgage if any portion of the scrip hereby 
 authorized to be issued shall be unredeemed and outstanding, 
 the trustees for the time being under said deed of trust and 
 mortgage shall be authorized to release, assign and convey to 
 tlie city of Portland, all the title and interest, which they may 
 then have in the estate, property and franchise of the company 
 by virtue of said deed, and of any other conveyances made in 
 pursuance of the covenants therein contained, which convey- 
 ance shall be a discharge of said trustees from all the trusts 
 created and declared in said deed, and the city shall by such 
 conveyance, take and hold the said estate, property and fran- 
 chise, as in mortgage, for the security and indemnity of the city, 
 on account of the issue and delivery of its scrip as herein 
 authorized until the final redemption and reimbursement , of 
 said scrip, and the interest accruing thereon. 
 
 Sect. 7. This act shall take effect and be in force from and 
 after its approval by the governor, so far as to authorize the 
 directors of the company, and the inhabitants of the city to act 
 upon the question of accepting the samp. The several ward 
 meetings of the inhabitants for that purpose shall be holden 
 within three months after such approval. And if the act shall 
 be accepted as aforesaid, then after such acceptance and record 
 thereof, all the parts of the act shall take effect and be in 
 force. Approved February 13, 1862. 
 
 LAWS OF 1853, CHAP. 4. 
 
 lK>an 
 authorized. 
 
 Acceptance of 
 act, conditions 
 of, &c. 
 
 An act to authorize the city of Portland to grant further aid in the con- 
 struction of the Atlantic and St. Lawrence Railroad. 
 
 Be it enacted, c&c. Sect. 1. The city of Portland is hereby 
 authorized to make a further loan of its credit to the Atlantic 
 and St. Lawrence Eailroad Company, in aid of the construc- 
 tion and furnishing of their railroad, subject to the following 
 terms and conditions. 
 
 Sect. 2. This act shall not take effect unless it shall be 
 accepted by the directors of said railroad company and by the 
 vote of the inhabitants of said city, voting in ward meetings 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 39 
 
 duly called according to law ; and at least two-thirds of the 
 
 whole number of votes cast at such ward meetings shall be ^arrmeeungs, 
 
 necessary for acceptance of the act. The returns of each how made. 
 
 ward meeting shall be made to the aldermen of the city, and 
 
 they shall count and declare the votes returned, and the city 
 
 clerk shall make record thereof. 
 
 Sect. 3. Upon the acceptance of the act as aforesaid, the Acceptance of 
 city treasurer is authoi-ized to make and issue, on demand *"*■ i"*" '""' 
 
 •' . made, &c. 
 
 made by the said directors, for the purposes contemplated m 
 this act, the scrip of said city in convenient and suitable suras, 
 payable to the holder thereof, on a term of time not less than 
 twenty nor more than thirty years, with coupons, for interest 
 attached. 
 
 Sect. 4. The whole amount of the scrip to be issued and 
 
 ^ Sonp or loan, 
 
 delivered under this act, shall not exceed three hundred and amount au- 
 
 fifty thousand dollars, and the same shall be delivered by the ""^^ ' 
 
 city treasurer to the directors of the railroad company as they 
 
 may require the same. The proceeds of such scrip shall be 
 
 applied by the directors of the company exclusively to the scrip, proceeds 
 
 . » 1 of, how applied. 
 
 construction and necessary furniture and equipment of the 
 Atlantic and St. Lawrence Railroad. 
 
 Sect. 5. Upon the issue and dehvery of the scrip aforesaid, 
 the directors of the railroad company shall cause a mortgage ^^ ™°secur« 
 to be executed and delivered to the city, in the name of the payment of 
 
 1 . 1 . scrip. 
 
 company, conveying to the city, subject to any mortgages ex- 
 isting before the passage of this act, all the estate, property 
 and franchise of the company, conditioned that the company 
 will duly pay the interest accruing from time to time on the 
 scrip issued under this act, and will pay the principal of the 
 same at the maturity thereof. Such mortgage shall be execu- 
 ted according to the laws of the several States through which executed 'and 
 the railroad shall pass. The record thereof in the registry of ™""^«'*- 
 deeds in Cumberland county, shall be a sufficient registry of 
 the same to all intents and purposes within this State. 
 
 Sect. 6. Upon failure to perform any of the conditions of 
 
 , 1 n 1 1 Mortgage, fail- 
 
 said mortgage, the city shall be authorized to take possession ure to perform 
 of the estate, property and franchise thereby conveyed, and ™^'''*'""* "''• 
 the proceedings under such possession, and all proceedings for 
 
40 
 
 ATLANTIC AND ST. LAWRENCE RAILEOAD. 
 
 Act when to 
 take effect. 
 
 the foreclosure of said mortgage, and the rights, liabilities and 
 remedies of the parties, under such possession and entry for 
 foreclosure shall be governed, regulated, limited and controlled 
 in the manner that is provided in the twentieth, twenty-first, 
 twenty-second, twenty-third, and twenty-fourth sections of an 
 act passed on the twenty-seventh day of .Tuly, eighteen hun- 
 dred and fifty, entitled "an act to authorize the city of Port- 
 land to grant further aid in the construction of the Atlantic 
 and St. Lawrence Eailroad," in respect to the mortgage 
 therein mentioned. 
 
 Sect. 7. This act shall take effect from and after its appro- 
 val by the governor, so far as to empower the directors of the 
 company and the inhabitants of the city to act upon the ques- 
 tion of accepting the same. The several ward meetings of the 
 inhabitants for that purpose shall be called and holden within 
 ninety days after such approval. And if the act shall be ac- 
 cepted as aforesaid, then, after such acceptance and record 
 thereof, all the parts of the act shall take effect and be in 
 force. Approved February 5, 1853. 
 
 Conveyances, 
 in case of va- 
 cancy, to vest 
 in remaining 
 commissioners, 
 
 &.C. 
 
 LAWS OF 1853, CHAP. 14. 
 
 An act respecting conveyance taken by the commissioners of the sinking 
 funds of the Atlantic and St. Lawrence Kallioad. 
 
 Be it enacted, <&c. Sect. 1. If the commissioners of the 
 sinking funds created under the several acts authorizing the 
 city of Portland to aid the construction of the Atlantic and 
 St. Lawrence Eailroad, passed respectively, August first, eigh- 
 teen hundred and forty-eight, and July twenty-seventh, eigh- 
 teen hundred and fifty, shall at any time have or take any 
 conveyance to themselves in their capacity as commissioners 
 of said funds, their successors and assigns, for the purpose of 
 securing any of the investments of said funds, all the title and 
 estate of said commissioners under such conveyance, shall, in 
 case of a vacancy in the place of either of them, vest in the 
 remaining commissioner, and shall pass to and be upheld in 
 then- successors, as the same shall be lawfully appointed frotiJ 
 
ATLANTIC AND ST. LAWEENCB RAILROAD. 41 
 
 time to time, and such survivor and successors shall take and Commiasionera, 
 
 rights of 8UC- 
 
 hold the said title and estate, with all the powers necessary to cessora, *o. 
 effect the objects of the conveyance. 
 
 Sect. 2. This act shall take effect from and after its appro- 
 val by the governor. Approved February 17, 1853. 
 
 LAWS OF 1853, CHAP. 41. 
 
 An act in addition to an act to incorporate the Atlantic and St. Lawrence 
 Railroad Company. 
 
 Be it enacted, &c. Sect. 1. The directors of the Atlantic 
 
 Directors au- 
 
 and St. Lawrence Kailroad Company are hereby authorized thorized to con- 
 to contract for the establishment of a transatlantic line or ^^g^amerB""' 
 lines of steamers t6 be ran between Portland and Liverpool, from Portland 
 or other ports in Europe, for a period of time not exceeding 
 seven years, and to appropriate the funds of the company 
 therefor, to an amount not exceeding ten thousand dollars for 
 each year ; provided, that such contracts shall have no force 
 and effect unless ratified by a vote of the stockholders of the 
 company. 
 
 Sect. 2. This act shall take effect from and after its appro- 
 val by the governor. Approved March 5, 1853. 
 
 LAWS OF 1853, CHAP. 150. 
 An act to authorize a lease of the Atlantic and St. Lawrence Railroad. 
 Be it enacted, &c. Sect. 1. The Atlantic and St. Law- 
 
 , Lease author- 
 
 rence Railroad Company is hereby authorized, at any time ized, &c. 
 within two years from the passage of this act, to enter into 
 and execute such a lease of the railroad of said company, or 
 contract in the nature of a lease, as will enable the lessees 
 thereof to maintain and operate, by means of said railroad and 
 other roads in extension of the same, a connected line of rail- 
 roads from the Atlantic ocean at Portland to the city of Mon- 
 treal in the Province of Canada, and thence to the western 
 part of said province ; but nothing contained in this act, or in 
 any lease or contract that may be entered into under the au- 
 3 
 
42 
 
 I^eaae not to im- 
 pair the liabil- 
 ity of stock- 
 holders. 
 
 This act not to 
 circumscribe 
 the powers of 
 the legislature 
 over said road. 
 
 Lease not en- 
 tered into with- 
 out consent of 
 stockholders. 
 
 City of Port- 
 land to be a 
 party in said 
 lease, &c. 
 
 Assent of city 
 authorities, 
 how expressed. 
 
 Alterations of 
 terms, &c., 
 invalid without 
 consent of city 
 authorities. 
 
 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 thority of the same, shall exonerate the said company or the 
 stockholders thereof from any duties or liabilities now imposed 
 upon them by the charter of said company, or by the general 
 laws of the State ; nor shall anything herein contained in any 
 manner limit or circumscribe any power of the legislature of 
 this State to enact laws affecting the rights, privileges or duties 
 of said company ; and a majority of the directors of said com- 
 pany shall always be citizens of this State, and said company 
 shall keep their office and books in this State. 
 
 Sect. 2. No such lease or contract shall be entered into un- 
 less authority for that purpose shall be given to the du'ectors 
 of said company, by a vote of the stockholders thereof, at a 
 legal meeting of the company. 
 
 Sect. 3. The city of Portland shall be a party to any lease 
 or contract that may be entered into in pursuance of this act, 
 so far as that the written assent of the mayor and aldermen of 
 the city shall be required thereto ; which assent shall be ex- 
 pressed, under their signatures, or the signatures of a majority 
 of them, upon the instrument of lease or other contract afore- 
 said ; and no alteration of the terms, conditions and provisions 
 of any such lease or contract shall have any validity unless 
 the same is in writing and assented to as aforesaid by the 
 mayor and aldermen as well as by the other parties to such 
 lease or contract. 
 
 Sect. 4. This act shall take effect upon its approval by the 
 governor. Approved March 29, 1853. 
 
 Sinking 
 fand, how 
 inveBted. 
 
 LAWS OF 1853, CHAP. 178. 
 
 An act to authorize the commissioners of the sinking fund as provided 
 in chapter three hundred and seventy-nine, section seven, of the special 
 acts of eighteen hundred and fifty, to make certain investments of said 
 fun^ 
 
 Be it ^acted, <&c. Sect. 1. The commissioners of the 
 sinking fund provided for in the act above named, to which 
 this is additional, are hereby authorized to invest said fund, or 
 any part thereof, in the scrip or notes issued by any county in 
 this State, or in the stock issued to the contributors of that 
 
ATLANTIC AND ST. LAWRENCE EAILKOAD. 43 
 
 portion of the road between the junction with the Atlantic 
 and St. Lawrence Railroad in Yarmouth, and the junction 
 with the Portland, Saco and Portsmouth Railroad in Cape 
 Elizabeth, upon which said contributors hold a lien prior to 
 the cities and towns named in said act. 
 
 Sect. 2. This act shall take effect from and after its appro- 
 val by the governor. Approved March 30, 1853. 
 
 I 
 
 LAWS OF 1853, CHAP. 195. Extea Session. 
 
 An act to provide for the conversion of shares in the capital stock of the 
 Atlantic and St. Lawrence Railroad Company. 
 
 Directors au- 
 
 Be it enacted, <&c. Si]f:T. 1. The directors of the Atlantic 
 and St. Lawrence Railroad Company are hereby authorized, X^^^eltoc 
 at the request of any of the stockholders of said company, as ■'^'^' capital 
 
 . . . stock into 
 
 hereinafter provided, to convert the shares in the capital stock shares of £ioo 
 of said company, now expressed in values of the currency of ^'^"^^2 '^^■ 
 the United States, into shares expressed in values of the ster- 
 ling currency of England, and to issue certificates thereof in 
 shares of one hundred pounds sterling each. 
 
 Sect. 2. "Whenever any holder of the present stock of the 
 company shall surrender the certificates of not less than five Certificates of 
 
 *- "^ treasurer, when 
 
 shares thereof to the treasurer of the company, and request to be issued. 
 the converson of the same into sterling shares as aforesaid, the 
 treasurer shall issue to such holder or to his written order, 
 certificates of one share of one hundred pounds sterling, equi- 
 valent to four hundred and eighty-four dollars, for every five 
 shares of the present stock so surrendered, together with a 
 certificate of one fractional share right of the par value of six- Fractional 
 teen dollars for every such five shares surrendered. ^ ^ "^ 
 
 Sect. 3. For the purpose of converting such fractional 
 share rights into integral shares in the stock of the company Manner of con- 
 of either denomination, any person holding such fractional tionai share 
 rights, shall be entitled, on application to the treasurer, and "Vigil's 'ntointe- 
 
 ° ) rr - J gral shares. 
 
 surrender of the certificates thereof, to receive a certificate of 
 four shares in the stock of the company, of one hundred doUars 
 each, for every twenty-five of such fractional rights so sur- 
 rendered, and in like manner shall be entitled to receive a cer- 
 
44 
 
 ATLANTIC AKD ST. LAWRENCE RAILROAD. 
 
 DiTidends. 
 
 Stock votes. 
 
 Transfer books. 
 
 Form of 
 certificate. 
 
 Not exonerated 
 from dnties and 
 liabilities 
 imposed by 
 charter, &c. 
 
 When to take 
 effect. 
 
 tifieate of four shares of one hundred pounds sterKng each for 
 every one hundred and twenty -one of such fractional rights so 
 surrendered. "Whenever any new issue shall be made of shares 
 in the capital stock of said company not heretofore subscribed 
 for and taken, such new shares may be of either of the denom- 
 inations of stock aforesaid, at the option of the persons entitled 
 thereto. 
 
 Sect. 4. All dividends which shall be payable by the coih- 
 pany, shaU be divided in equal proportional amounts to the 
 several holders of the stock of both denominations ; and when- 
 ever a stock vote shall be taken at any meeting of the com- 
 pany, the number of votes which the holder of q,ny sterling 
 shares shall be entitled to cast, ^^1 be the product of the 
 number of his shares, including such as he may represent by 
 proxy, multiplied by four and eighty-four hundredths, disre- 
 garding fractions in such product. 
 
 Sect. 5. The directors of said company are further author- 
 ized to open and provide for the keeping of transfer books for 
 such sterling shares, in London, in England, under such regu- 
 lations as they may deem expedient, for the convenience and 
 security of the stockholders and of the company. They may 
 also adopt such form of certificates of shares as may be suita- 
 ble to effect the objects of this act, and may insert therein a 
 stipulation for the payment of dividends in London ; which 
 stipulation shall be binding upon the company. But nothing 
 in this act contained shall exonerate the said company from 
 the general duties and liabilities imposed upon them by the 
 charter, and by the general laws of this State ; and the prin- 
 cipal ofiice of said company, and its records, books and papers, 
 except the transfer books aforesaid, shall continue to be kept 
 vdthin this State. 
 
 Sect. 6. The authority granted by this act shall not be ex- 
 ercised until the same shall have been approved and accepted 
 by the directors of said company, and by the stockholders at 
 legal meetings of those bodies respectively, nor until the direct- 
 ors have, by vote, established the several regulations and 
 forms required for effecting its objects. And no certificates 
 shall be issued as herein provided, until after the publication 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 45 
 
 of notice, by authority of the directors, in some newspaper certificates, not 
 
 printed in Portland, that this act has been accepted, and that „„«! after 
 
 they h&,ve established the several regulations and forms requir- "<>"''«• 
 ed as aforesaid. Approved September 28, 1853. 
 
 LAWS OF 1868, CHAP. 601. 
 
 An act making further provisions respecting the loans of credit hereto- 
 fore made by the city of Portland to the Atlantic and St. Lawrence 
 Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. The city of Portland is here- 
 
 1.111 1 • .1 City council 
 
 by authorized to make such arrangements as the city council may arrange for 
 
 extension of 
 obligations of 
 
 may determine to be necessary and expedient, to provide 
 
 for the extension of such parts of the obligations given to a. & st. l. r. 
 
 the city by the Atlantic and St. Lawrence Railroad Company, 
 
 under the acts of August one, eighteen hundred forty-eight, 
 
 and July twenty-seven, eighteen hundred and fifty, as .may 
 
 not be satisfied by the sinking funds established under those Further powers 
 
 acts ; and shall have and may exercise, until all the balance of ciiandoontinu- 
 
 indebtedness which may arise under said obligations is fully ™°® "^ °*™^' 
 
 paid, all the rights and powers granted by said acts for the 
 
 security of the city, and for the enforcement of its lien upon 
 
 the railroad and property of said company. 
 
 Sect. 2. The commissioners of the sinking funds established commissioneia 
 by said acts, shall be commissioners to receive such contribu- " ° u>g un ■ 
 tions as may be paid by the railroad company towards a fur- 
 ther sinking fund for the redemption of the unsatisfied balance 
 of indebtedness as aforesaid. They shall have succession, as Powers, duties 
 provided in said acts, and shall be invested with all the powers *"'* 8"«cession. 
 and subject to all the duties and liabilities in respect to the 
 management of such further sinking fund and the securities 
 of the same, and the application thereof, as is now provided 
 by said acts. They may invest the moneys of such fund in investments of 
 any of the debt of the city of Portland, and may make such made, &c. 
 other investment of the same as is authorized by said acts, 
 except investments in railroad stocks, or upon pledge of the 
 stock of banks or insurance companies. They shall be author- 
 ized, in making investments upon mortgages of real estate, 
 
46 
 
 ATLANTIC Am) ST. LAWREKCE RAILROAD. 
 
 Bate of interest 
 on mortgages 
 of real estate. 
 
 Contributions 
 to sinking fund, 
 when and 
 how made. 
 
 Dattes and lia- 
 bilities of city 
 treasurer. 
 
 City conncil 
 may upon peti- 
 tion provide 
 for sinking fund 
 in England. 
 
 Commissioners 
 for same, by 
 whom appoint- 
 ed, &c. 
 
 Payments and 
 contributions to 
 same, when to 
 be made. 
 
 Commissioners 
 subject to regu- 
 lations estab- 
 lished by city 
 council. 
 
 to contract for a rate of interest not exceeding eight dollars in 
 the hundred, by the year. 
 
 Sect. 3. The contributions to such further sinking fund, 
 shall be in each of the years eighteen hundred and sixty-nine 
 and eighteen hundred and seventy, one thirty-second part of 
 the average amount of such unsatisliod indebtedness subsist- 
 ing in those years ; but afterwards, the sum of twenty-five 
 thousand dollars annually, until the final reimbursement and 
 discharge of such indebtedness. All of such contributions 
 shall be made by the railroad company in equal half-yearly 
 instalments, on the first days of January and July in every 
 year. 
 
 Sect. 4. The city treasurer shall perform such duties and be 
 subject to such liabilities in respect to the moneys and sbcuri- 
 ties of such farther sinking fund, as now prescribed by law in 
 respect to the sinking funds under the acts aforesaid. 
 
 Sect. 5. In lieu of the provisions made in the preceding 
 sections for the establishment and maintenance of a further 
 sinking fund for the redemption of the balance of indebtedness 
 aforesaid, it shall be lawful for the city council, upon petition 
 by the railroad company, to provide by city ordinance for the 
 establishment of a sinking fund for the same purpose, at Lon- 
 don, in England, to be held and managed by two commissioners, 
 one of whom shall be appointed by the mayor and aldermen 
 of the city, and one by the directors of the railroad company, 
 and in case of vacancies the same shall be supplied by new ap- 
 pointments made by them respectively. The railroad company 
 shall pay and contribute to snch sinking fund, in each of the 
 years eighteen hundred and sixty-nine and eighteen hundred and 
 seventy, one thirty-second part in sterling money of the aver- 
 age amount of such unsatisfied indebtedness, subsisting in those 
 years ; and afterwards, the sum of five thousand pounds ster- 
 ling annually, until the final redemption and discharge of all 
 such indebtedness. All of such payments and contributions 
 shall be made in equal half-yearly instalments on the first 
 days of January and July in every year. The commissioners so 
 appointed and accepting the trust, shall be subject to such reg- 
 ulations in the investment and application of the fund as shall 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 47 
 
 be established by the city council by the ordinance aforesaid. Responsibility 
 
 The railroad company shall be in all respects and at all events °'™^^^ ^°' 
 
 responsible for the safe keeping and proper application of tlie keeping and 
 
 fund so established. And if such ordinance as is contempla- timas. 
 ted by this section shall be passed by the city council, upon 
 
 petition of the railroad company as aforesaid, then the second, ^™™»»»*<' 
 
 ■« r ./ 7 J adoption of 
 
 third and fourth sections of this act shall cease to have any ordinance, 
 effect. 
 
 Sect. 6. "Whenever the amount of the sinking fund hereby provisions for 
 authorized, in either form, shall be equal to the unsatisfied Payment tocity 
 
 ' ' ^ of fund when 
 
 indebtedness aforesaid, the commissioners shall make over and equal toin- 
 deliver the same to the city, in full discharge of such indebt- 
 edness. 
 
 Sect. 7. Nothing in this act contained, nor any arrange- 
 ments or proceedings, made and entered into under the same, Liens of city 
 
 , ™, upon railroad 
 
 shall, in any manner, affect or impair the priority of security not imparted 
 and lien which the city now has, for the loans of its credit, ''y*'"*^**- 
 under the acts aforesaid. 
 
 Sect. 8. No power shall be exercised under this act, nor 
 any privileges enjoyed under it until it shall have been accept- Proyisions for 
 ed by the city council, and by the directors of this railroad 
 company. The evidence of acceptance by the directors shall 
 be iiled with the city clerk, and entered in the records of the 
 mayor and aldermen. Approved March 3, 1868. 
 
 LAWS OF 1869, CHAP. 84. 
 
 An act respecting investments of the sinking funds of the Atlantic and 
 St. Lawrence Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. The commissioners of the sink- 
 ing funds of the Atlantic and St. Lawrence Railroad Company, commissioners 
 established under the several acts passed in the years eigh- a. and st. l. 
 teen hundred and forty-eight, and eighteen hundred and fifty, ^""^'i*'"- 
 
 ■' ^ ' , ° •> ' may invest the 
 
 for the redemption of the loans or credit made by the city of moneys of said 
 Portland to said company, are hereby authorized to invest the of'cuV.'"^*' 
 moneys of said funds in any of the permanent debt of the city. 
 Sect. 2. This act shall take effect when approved. Approv- 
 ed February 15, 1869. 
 
 acceptance of 
 
48 ATLANTIC AND ST. LAWRENCE RAILEOAD. 
 
 LAWS OP 1873, CHAP. 242. 
 
 An act additional to "an act to establish the Atlantic and St. Lawrence 
 BaUroad Company," 
 
 JBe it enacted, c&c. Sect. 1. The capital stock of the At- 
 increaae of lantic and St. Lawrence Railroad Company is hereby increas- 
 ed ten thousand shares of the par value of one hundred 
 dollars each, so that the capital stock of said company shall 
 consist of not less than ten thousand nor more than fifty 
 thousand shares. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 4, 1873. 
 
 stock. 
 
ATLANTIC AND ST. lAWEENCE RAILROAD. 
 
 CONTRACT 
 
 Between the Atlantic and St. Lawrence Railroad Company 
 and the Portland, Saco and Portsmouth Railroad 
 Company. 
 
 This memorandum of contract and agreement made and concluded this 
 twenty-third day of April, A. D. eighteen hundred and fifty, by and be- 
 tween the Atlantic and St. Lawrence Railroad Company of the first part, 
 and the Portland, Saco and Portsmouth Railroad Company of the other 
 part, corporations established by the laws of the State of Maine : 
 
 Witnesseth, That, whereas the said company of the first part have cov- 
 enanted and agreed with the city of Portland, to construct a sea-wall on 
 the whole shore front of Comniercial street, and to fill up and make said 
 Commercial street, from India street to Canal street, and such other street 
 as may be hereafter laid out and accepted by said city of Portland, in con- 
 tinuation of said Commercial street to the depot of said company of the 
 second part, said street to be made of the width of one hundred feet, a 
 copy of which agreement between said company of the first part and said 
 city of Portland is hereto appended and made part of this contract : The 
 said company of the second part, for the considerations and agreements 
 hereinafter expressed, covenants, contracts, and agrees to and with the 
 said company of the first part, to be at the joint and equal expense of 
 constructing said sea^-wall and street, and to pay said company of the first 
 part one-half of the whole amount of the cost of erecting said wall and 
 making said street, according to the covenants and agreements of the said 
 company of the first part, as set forth in the copy of the contract hereto 
 appended, to be paid monthly as the expenditure therefor may be made, 
 said expenditure for the construction of said searwall and street to be 
 made under the joint direction of the president of the said Atlantic and 
 St. Lawrence Railroad Company in behalf of the party of the first part, 
 and of the president of the said Portland, Saco and Portsmouth Railroad 
 Company, and of the presidents of the Eastern Railroad Company, and 
 of the Boston and Maine Railroad, as authorized agents of said Portland, 
 Saco and Portsmouth Railroad Company in behalf of said party of the sec- 
 ond part, and all other expenditures arising under the stipulations of this 
 contract. And the said companies hereby mutually agree to and with each 
 other to erect at their joint expense, a suitable passenger deJ)ot for the 
 accommodation and use of the business of their respective roads, with 
 the necessary fixtures, and to purchase such lands and flats therefor as 
 may be required for said depot, at some suitable location between their 
 present depots, and forthwith to connect their respective depots as now 
 established in the city of Portland, by a temporary track on piles, and gen 
 erally to be at the joint and equal expense of all the things and outlays 
 
50 ATLANTIC AND ST. LAWEENCE EAILEOAD. 
 
 required to be made by said companies of the first part, ill their said con- 
 tract with the city of Portland. 
 
 And the said company of the first part hereby covenants and agrees 
 with said party of the second part, to lay out and extend the location of 
 its present line from their depot at the foot of India straet, to the depot 
 of said company of the second part in Canal street, in said city of Port- 
 land, by laying out and locating their said line twenty-six feet in width 
 over said Commercial street to Canal street, and thence over said Canal 
 street, and such other additional streets, in continuation of said Com- 
 mercial street, as the said city of Portland shall hereafter lay out and ac- 
 cept, to the depot of said company of the second part. 
 
 And the said company of the first part covenants and agrees to and with 
 the said company of the second part to make and execute to said com- 
 pany of the second part an irrevocable lease of their interest in that part 
 of said railway herein agreed to be laid down westerly of the depot 
 herein agreed to be constructed, and between that and the depot 
 of said company of the second part, and whenever the said company 
 of the second part may obtain from the legislature, authority to ex- 
 tend their line to said Central depot, then and in that case, said com- 
 pany of the first part will convey to said party of the second part all its 
 rights and interest in and to that part of said railway hereinbefore agreed 
 to be leased, and until the erection of said Central depot, the said com- 
 pany of the first part hereby agrees to grant to said company of the sec- 
 ond part the use and occupancy of said track or tracks which may be 
 laid down between, and to connect the present depots of said parties — 
 said track or tracks to be laid down at the joint and equal expense of said 
 parties as aforesaid, so as to conform to the respective guage of each road, 
 by separate tracks or by a third rail, as may be hereafter determined. 
 And while the temporary track provided for as aforesaid shall be used, 
 the said temporary track shall be laid down upon the guage of the road 
 of the party of the first part, and shall be operated and run by the said 
 company of the first part, and the expense of operating said connecting 
 piece of road shall be equally borne by the parties hereto. Provided, 
 nevertheless, that the party of the second part shall, in no event, be re- 
 quired to contribute for the carrying out the object of this agi-eement, a 
 greater sum than fifty thousand dollars, and that all their payments may 
 be made in the stock of the Portland, Saco and Portsmouth Eailroad 
 at its par value, but the excess shall be wholly paid by the party of the 
 first part, which party of the first part hereby guarantees the said party 
 of the second part, against any claim for land damages growing out of, or 
 arising from the laying out of said highway of one hundred feet wide, 
 the construction of the same, or the laying down the rails, as hereinbefore 
 provided for. 
 
 On the completion of the whole work, aforesaid, the parties respect- 
 ively shall run their passenger trains, to the Central depot, and shall be 
 at full liberty to deliver their freight at any point or points between the 
 termini of the now existing depots of the two roads, free of charge, but 
 each party shall control the portion of the road which may be constructed 
 between their present depots and the proposed Central depot, and estab- 
 lish such rules as may be mutually beneficial. 
 
ATLANTIC AND ST. LAWRENCE EAILEOAD. 51 
 
 In testimony whereof, the said Atlantic and St. Lawrence Kailroad 
 Company, and the said Portland, Saco and Portsmouth Kailroad Company 
 by their presidents duly authorized for that purpose, have caused these 
 presents to be signed, and the respective seals of the contracting parties 
 to be affixed, on the day and year first above written. 
 
 Signed, Sealed and Delivered 
 in presence of 
 (Signed) W. S. TucKBKMAif, Witness \ ( Seal of ) 
 
 to signature of ICHABOD Goodwin, J j Ati f' * \ 
 
 St. Lawrence 
 K. E. Co. 
 
 President. 
 
 Witness to signature of Josiah S, 
 
 Little, President. . rr.. « x, i. j c.^ x 
 
 * The Atlantic and St. Law- 
 
 (Signed) H. W. Hebsbt. / rence Kailroad Company, by 
 
 Countersigned by (Signed) 
 
 Jambs Sweetseb, Treasurer of the Josiah S. Little, 
 
 P. S. & Portsmouth B. B. Co. their President. 
 
 (Signed) 
 
 Ichabod Goodwin, i Seal of the ') 
 
 President of P. S. & Portsmouth ) Portland, Saco & J 
 
 Bailroad Co. , Portsmouth E. E. Co. 
 
 Inc. March 14, 
 1S37. 
 
 TRUST MORTGAGE 
 
 To secure Bonds of the Company, April 1, 1851. 
 
 Know all mem by these presents, that the Atlantic and St. Lawrence«Kail- 
 road Company, a corporation established by the legislature of the State of 
 Maine, and created a corporation within the several states of New Hamp- 
 shire and Vermont, by the legislatures of those States respectively, for 
 the purpose of effecting the several trusts and securities hereinafter set 
 forth, and in consideration of one dollar paid by the grantees and trus- 
 tees hereinafter named, doth hereby give, grant, bargain, sell and convey 
 to Ether Shepley, John Anderson and John Eand, all of Portland, in the 
 county of Cumberland, in the State of Maine, Esquires, and to their sur- 
 vivors and successors as hereinafter designated, all the railroad of said 
 company, known as the Atlantic and St. Lawrence Kailroad, situated in 
 the counties of Cumberland and Oxford, in the State of Maine, and con- 
 tinued, and to be continued, through the northern parts of the States of 
 New Hampshire and "Vermont, including all the land and right of way 
 ta&en and held by said company in the States aforesaid for the purposes 
 of its road, and all the franchise of said company granted by the several 
 
52 ATLANTIC AND ST. LAWRENCE KAILROAD. 
 
 States aforesaid, together with all the real estate of said company situated 
 in the said counties of Cumberland and Oxford, and in any county or 
 counties in the said States of New Hampshire and Vermont, and all the 
 rails and superstructure, the cars, engines, and other furniture, machinery 
 and equipment of said road, and all other personal property of said com- 
 pany, appertaining to and connected with the customary use and working 
 of said railroad and the machinery thereof ; subject to the prior liens of 
 the city of Portland upon the said railroad, and all the property and fran- 
 chises of said company created by the several acts of the legislature of 
 Maine, passed August first, one thousand eight hundred and forty-eight,';,[ 
 and July twenty-seventh, one thousand eight hundred and fifty, and sub- 
 ject to a mortgage dated February third, A. D. one thousand eight hun- 
 dred and fifty-one, executed and delivered by the said company to the 
 said city of Portland under the provisions of the act aforesaid, passed 
 July twenty-seventh, one thousand eight hundred and fifty, and to any 
 other and further mortgage, which may at any time be made by said com- 
 pany to said city in pursuance of sajd act, and subject also to any and all 
 future assurances and conveyances which may be made by said company 
 to said city in pursuance of covenants for that purpose contained and ex- 
 pressed in the mortgage aforesaid. 
 
 To have and to hold the premises, with all the privileges and appurte- 
 nances thereunto belonging, to them the said grantees, their survivora 
 and successors upon the conditions, trusts and agreements, hereinafter 
 set forth as follows: 
 
 Whereas, the directors of the said railroad company, on the third day of 
 February, one thousand eight hundred and fifty-one, voted "that thia 
 company issue a series of bonds to the amount of one million five hun- 
 dred thousand dollars payable in fifteen years, with semi-annual interest 
 coupons annexed, of the following denominations, viz : $900,000 in bonds, 
 of $1000 each; $450,000 in bonds, of $500 each; both made payable, prin- 
 cipal and interest in Boston, and $150,000 in bonds of $200 each, payable 
 principal and interest, at the treasurer's ofElce in Portland, all said bonds 
 to bear date the first day of April, one thousand eight hundred and fifty- 
 one," and whereas the stockholders of said company on the sixth day of 
 March, one thousand eight hundred and fifty-one, voted that the diree- 
 tors be authorized to make a mortgage of the whole road and all the real 
 and personal property and franchise of the company, to secure the afore- 
 said bonds of the company subject to the prior lien and mortgage to the 
 city of Portland, and the directors of said company have accordingly is- 
 sued the bonds of said company of the tenor aforesaid, and delivered the 
 same to the purchasers thereof, to the amount in the aggregate of $1,500,- 
 000, and the said grantees herein named, have agreed to accept the said 
 conveyance and the trusts hereby made, created and declared, for the pnr- 
 pose of securing the payment of the bonds aforesaid with[interest there- 
 on, according to the tenor thereof, to the several holders of the same. 
 
 Now, if said company shall weU and truly pay the interest which shaU 
 from time to time accrue and become payable upon any and all of said 
 bonds, and shaU well and truly pay the principal of the same, at the ma- 
 turity thereof, then this deed shaU be void, otherwise shall be and remain 
 in f uU force. 
 
ATLAJS'TIC AND ST. LAWREKCE EAILEOAD. 53 
 
 It is agreed that the said company may continue in possession of, and 
 manage the said railroad and other property aforesaid, so long as it shall 
 punctually pay the interest and principal aforesaid according to the tenor 
 of said bonds, and may, from time to time, renew and replace any of the 
 personal property hereby conveyed by other property of like character, 
 and suited in like manner for the purposes of said railroad according to 
 the charter of said company. 
 
 This conveyance is made upon the following further trusts and agree- 
 ments, that is to say: 
 
 First. If the said railroad company shall at anytime fail to pay the in- 
 terest which shall become due and payable upon any of the bonds afore- 
 said, or shall fail to pay the principal of the same, accordi&g to the tenor 
 thereof, it shall then be lawful for the trustees aforesaid, their survivors 
 and successors, subject to the prior rights of the city of Portland as afore- 
 said, into and upon all and singular the premises heretofore granted, to 
 enter, and the same to take into their actual possession, with full power 
 and authority, as trustees as aforesaid, to manage and control the said 
 property, franchise and estate, and to work the said railroad and machin- 
 ery and equipment, and receive the income, rents and profits thereof, and 
 after providing for the expenses incident to such management, working 
 and control, and necessary to keep the said railroad and other property in 
 suitable condition for business according to the charter of said company, 
 and after pajrtng whatever sums may become due, from time to time to 
 provide for payment of interest and reimbursement of principal of the 
 scrip issued by the city of Portland and delivered to the said railroad 
 company in pursuance of the several acts authorizing the said city to aid 
 the construction of said railroad, to apply the net proceeds and balance 
 of such income remaining in the hands of said trustees, to the payment 
 of the interest or principal aforesaid of the bonds secured by this convey- 
 ance, which shall then be due and unpaid as aforesaid. 
 
 Second. ' If at any time the said company shall for the space of six 
 months after any such entry and taking of actual possession by the said 
 trustees, fail to provide for and supply the deficiency of iilterest or prin- 
 cipal due as aforesaid upon the bonds hereby secured, and the proceeds 
 and balance as aforesaid of the rent, income and profits accruing in the 
 hands of said trustees, shall not be adequate to supply such deficiency, 
 and any number of the holders of said bonds, holding not less than Jive 
 hundred thousand dollars of principal, shall request in writing the said 
 trustees to sell the property, estate and franchise hereby conveyed, for the 
 purpose of supplying such deficiency, it shall be lawful for said trustees 
 and their successors, to sell the whole property, estate and franchises here" 
 by conveyed at public auction, at such time and place and upon such 
 terms as they shall prescribe. But before any such sale, the said trustees 
 shall give public notice thereof by advertisement, to be inserted in at least 
 two newspapers printed in Portland, once a week for three months prior to 
 the time of such intended sale. And if the said company shall before 
 actual sale as aforesaid, pay all such amounts as may be then due upon 
 any and aU of said bonds and coupons, and all the expenses incurred by 
 the said trustees to that date, the proceedings under such notice of sale 
 
54 ATLANTIC AND ST. LAWRENCE EAILEOAD. 
 
 shall be stayed and vacated, and no sale shall take place. But the said 
 trustees and their successors, may upon the same terms and conditions, 
 give notice of sale as aforesaid, whenever and so often as there may be a 
 failure to pay the interest and principal of said bonds due as aforesaid 
 until a sale shall be actually made. And for the purpose of making and 
 completing such sale, the said trustees and their successors are hereby 
 empowered, with authority irrevocable, to make and execute good and 
 sufficient deeds to pass a full and complete title to any and all the property 
 so sold and conveyed, and out of the proceeds of such sale after paying 
 aU expenses, which may have arisen under the proceedings of said trus- 
 tees as herein authorized, to receive and hold the net proceeds, and apply 
 the same to th^payment of all said bonds, which may then be outstand- 
 ing, whether the same have matured or not, and all the interest thereon, 
 which may have accrued and be due at the time of such payment. And 
 if such net proceeds be insufficient to pay the whole of the bonds and in- 
 terest according to the tenor thereof, then the same shall be distributed 
 and paid proportionally to and among the holders of the bonds then out- 
 standing as aforesaid. And if any balance shall remain in the hands of said 
 trustees, after paying said bonds and interest and all expenses arising in 
 execution of this trust, the said trustees and their successors shall account 
 for and pay over such balance to said company. But all the rights and 
 powers of said trustees to enter upon, sell and dispose of the property, 
 estate and franchise aforesaid, shall be subject to the prior rights of the 
 city of Portland, as hereinbefore defined and declared. 
 
 Third. Whenever a vacancy shall occur in the number of the trustees 
 hereby appointed, by the death, resignation, permanent disability, or re- 
 moval from this State, of any one of them, whether before or after his 
 acceptance of the trust hereof, the surviving and remaining trustees shall 
 immediately nominate and appoint some suitable person, an inhabitant of 
 the State of Maine, to supply such vacancy, which appointment shall be 
 certified upon this deed under the hand of the trustees so appointing, and 
 shall be by them made known to the directors of said company. And 
 the person so appointed shall succeed to and have all the powers of the 
 trustees in whose place he shall be appointed. 
 
 If at any time there shall be two vacancies in the number of said trus- 
 tees, the nomination and appointment to supply said vacancies shall be 
 made by the surviving and remaining trustee, in the same manner and 
 under the restrictions aforesaid, and all the successors appointed as afore- 
 said shall have all the powers hereby granted to the trustees named in this 
 instrument, and all future vacancies in the number of such successors 
 shall be filled by the surviving and remaining trustees and successors in 
 the manner hereinbefore prescribed. 
 
 And so often as any new trustee or trustees hereof shall be appointed, 
 all the estate, property and interest, which shall for the time being he 
 holden upon the trusts hereof, shall be thereupon so conveyed, assigned 
 and transferred by the acting trustee or trustees, to such new trustee or 
 trustees, as that the same shall vest in and be holden jointly by all of said 
 trustees to and for the same trusts, and upon the same conditions, and 
 with and subject to the same powers and provisions as are herein con- 
 
ATLANTIC AKD ST. LAWRENCE RAILROAD. 55 
 
 tained and declared of and concerning the premises granted, and the trus- 
 tees named in this instrument, so far as the same trusts, powers, condi- 
 tions and provisions shall then be subsisting and capable of taking effect. 
 
 Fourth. Whenever the said trustees shall have entered upon and taken 
 possession of the property hereby conveyed for the purposes herein pro- 
 vided, if, before any actual sale of said property, the said company shall 
 have fully satisfied and performed all the conditions for breach of vyhich 
 such entry was made, and paid all the expenses incun-ed by said trustees 
 under such entry and possession, or the same shall have been satisfied and 
 paid out of the income, rents and profits received by said trustees from 
 working and managing said railroad and other property, the said trustees 
 shall thereupon relinquish to the company all possession and control of 
 said road and franchise and other property, and any time for which the 
 same shall have been held by said trustees, prior to any such relinquish- 
 ment, shall not be taken or reckoned as effecting or leading to a foreclos- 
 ure of this mortgage. 
 
 Fifth. Whenever the said trustees and their successors shall be in pos- 
 session of said railroad and ocher property, they shall grant all such rea- 
 sonable inspection of their accounts, records and proceedings, as may at 
 any time be required by any committee of the directors, or of the stock- 
 holders of said company. 
 
 And the said trustees shall in no event be personally liable for each 
 other, but any one of them is to be accountable and liable only for his own 
 act, misdoing or neglect. 
 
 And the said company hereby covenants and agrees to and with the. 
 said trustees, that upon demand of said trustees, it will, at any time here- 
 after, subject to the prior rights of the city of Portland, as aforesaid, 
 make any other and further assurance and conveyance to said trustees, 
 of the said railroad and other property held and used in connection there- 
 with, as the same shall be from time to time extended, enlarged and com- 
 pleted, so as to make the whole of said road under the several charters of 
 the company, and all the franchise and property aforesaid, subject to and 
 liable for the pajrment of the bonds and interest hereinbefore described. 
 
 In witness whereof, the said Atlantic and St. Lawrence Railroad Com- 
 pany, has caused these presents to be subscribed by Josiah S. Little, pres- 
 ident of said company, and the seal of said company to be hereunto 
 affixed, and the said Ether Shepley, John Anderson and John Rand, in 
 testimony of their acceptance of the grant and trusts hereby made, cre- 
 ated and declared,' have hereunto severally set their hands and seals this 
 first day of April, in the year of our Lord, one thousand eight hundred 
 and fifty-one. 
 
 JOSIAH S. LITTLE, 
 President of the A. & St. L. B. B. Co., ' 
 ETHER SHEPLEY, 
 
 Signed, sealed and delivered, in presence of 
 Countersigned by 
 
 JOHN ANDERSON, 
 JOHN RAND. 
 
 WM. H. WOOD, 
 H. W. HERSEY. 
 
 CHAS. E. BARRETT, Treasurer. 
 
56 ATLANTIC AND ST. LAWEENCE RAILROAD. 
 
 LEASE 
 
 To Trustees for the Grand Trunk Railway Company of 
 
 Canada, August 5, 1853. 
 
 Whereas, the Atlantic and St. Lawrence Railroad Company, a corporation 
 established by the legislature of the State of Maine, and the Grand Trunk 
 Railway Company of Canada, a corporation established by the legislature of 
 the province of Canada, have negotiated respecting the leasing of the rail- 
 road of the said Atlantic and St. Lawrence Railroad Company to the said 
 Grand Trunk Railway Company, under the authority granted by an act of 
 the legislature of Maine, passed on the twenty-ninth day of March, in the 
 year of our Lord one thousand eight hundred and fifty-three, entitled an act 
 to authorize a lease of the Atlantic and St. Lawrence Railroad, and the said 
 companies have preliminarily agreed, the said Atlantic and St. Lawrence 
 Railroad Company to grant, and \hi said Grand Trunk Railway Comiiany to 
 accept a lease of said railroad and its appurtenances, in substance upon the 
 terms, agreements, covenants and conditions hereinafter, in this instrument, 
 recited and set forth, but the said Grand Trunk Railway Company has not 
 now the legal competency to enter into and execute such lease, for want of 
 the requisite legislative authority therefor, and the Hon. John Ross, of Belle- 
 ville, in the province of Canada, Benjamin Holmes, Esq., of Monti-eal, in 
 the said province, and William Jackson, Esq., of Birkenhead, England, 
 stockholders in said Grand Trunk Railway Company in furtherance of the 
 objects of said companies, and to promote the ultimate and definitive execu- 
 tion of their preliminary agreement as aforesaid have undertaken, as herein- 
 after recited, to enter into and accept a lease of said railroad and appurte- 
 nances for the purpose of holding the same in behalf of said Grand Trunk 
 Railway Company pending and until the procurement of the requisite legis- 
 lative authority to enable said company definitively to execute and complete 
 said preliminary agreement, and in its own behalf to enter into, execute and 
 accept a lease as aforesaid and with the intent that as soon as such authority 
 shall be procured, they, the said Ross, Holmes and Jatkson, shall assign and 
 transfer all their right, title and interest in said railroad and appurtenances, 
 to the said Grand Trunk Railway Company. 
 
 And whereas, the said Atlantic and St. Lawrence Railroad Company by 
 the act of the legislature of Maine aforesaid, was authorized at any time 
 within two years from the passage of said act, to enter into and execute such 
 a lease of the railroad of said company or contract in the nature of a lease 
 as would enable the lessees thereof to maintain and operate by means of said 
 raikoad and other roads in extension of the same, a connected line of rail- 
 roads from the Atlantic ocean at Portland to the city of Montreal, in the 
 province of Canada, and thence to the western part of said province : 
 
 And whereas, the stockholders of the said Atlantic and St. Lawrence Rwl- 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 57 
 
 road Company, at a legal meeting held on the tenth day of June in the year 
 of our Lord one thousand eight hundred and fifty-throe, by their vote author- 
 ized the directors of said company to enter into such a lease, or contract in 
 the nature of a lease, as is contemplated and described in the act aforesaid : 
 Now, this indenture, made this fifth day of August in the year aforesaid, 
 between the said Atlantic and St. Lawrence Railroad Company, on the one 
 part, and the Hon. John Ross, Benjamin Holmes and William Jackson, 
 Esquires, aforesaid, on the other part, witnesseth, that in consideration of 
 the premises, and of the rents, covenants and agreements hereinafter 
 reserved and contained, by and on the part of them, the said Ross, Holmes 
 and Jackson, to be paid, done and performed, the said Atlantic and St. Law- 
 rence Railroad Company, doth hereby demise and lease to them, the said 
 Ross, Holmes and Jackson, the railroad of the said Atlantic and St. Law- 
 rence Railroad Company, as now chartered, located and constructed, com- 
 mencing at the city of Portland, in the State of Maine, extending thence to 
 the boundary line of the State of New Hampshire, and thence continuing 
 through the State of New Hampshire to and into the State of Vermont, as 
 far as the Common Junction at Island Pond, in the county of Essex, in said 
 State of Vermont, together with all the property and estate, real, personal 
 and mixed, wheresoever the same may be situated, belonging to said Atlantic 
 and St. Lawrence Railroad Company, appurtenant to and designed for the 
 purjioses of maintaining and operating said railroad ; including all the sta- 
 tions, warehouses and other buildings, bridges, piers, wharves, shore rights, 
 water rights and harbor privileges belonging to, vested in or possessed by said 
 Atlantic and St. Lawrence Railroad Company, and all the rights of way, and 
 other easements, rights to acquire easements, the road bed, superstructure, 
 equipment, apparatus, implements, rails and other materials and stores, which 
 the said company possesses, claims, holds, occupies and enjoys forthe objects 
 of its incorporation, under the charter thereof, according to the schedule of 
 said property Sind estate hereinafter nanied and marked "schedule of prop- 
 erty," also all the tolls, rates, fares, rents and income which the said com- 
 pany is now or may hereafter be entitled to receive and take, and all its right 
 to demand, collect and receive the same, and all the claims of every nature, 
 credits, choses in action, causes of action, appeals and rights of appeal, 
 which shall belong to and be held by said company at the commencement of 
 and during the term herein defined and limited. 
 
 To have and to hold the said railroad, property, estate, rights and privileges 
 and all, and singular the premises hereby demised with the appurtenances 
 thereof to them, the said Ross, Holmes and Jackson, and the survivors and 
 survivor of them, in trust, until assignment thereof as hereinafter provided 
 and to their said assigns herein designated, for and during the full term of 
 nine hundred and ninety-nine years, from the first day of July, in the year 
 of our Lord one thousand eight hundred and fifty-three. 
 
 Subject to the provisions of all the special acts of the legislatures of the 
 States of Maine, New Hampshire and Vermont respectively, creating, limit- 
 ing, defining or restraining the rights, privileges, powers and duties of the 
 said Atlantic, and St. Lawrence Railroad Company, and to all the provisions 
 
58 ATLANTIC AND ST. LAWKENCE RAILEOAD. 
 
 of the general laws of said States now In force, and wMch may hereafter be 
 enacted affecting the said company. 
 
 Sidiject also to the provisions of any and all mortgages, grants, leases and 
 conveyances of whatever nature, heretofore executed by said company of ita 
 said railroad, property, estate, privileges and rights, or any part thereof, and 
 to all liens and incumbrances now lawfully existing on the same. 
 
 Beaening hereupon a yearly rent payable by the said lessees and assigns 
 to the said Atlantic and St. Lawrence Railroad Company, of the sum of one 
 hundred and eight thousand nine hundred dollars, being at the rate of six 
 dollars in the hundred by the year upon the aggregate amount of eighteen 
 thousand one hundred and fifty shares in the capital stock of said Atlantic 
 and St. Lawrence Railroad Company at the par value thereof, being all the 
 shares now lawfully issued and entitled by virtue of existing contracts to be 
 issued, of the said capital stock, except certain collateral shares heremafter 
 mentioned, to be paid in equal half yearly payments at said Portland, on the 
 thirty-first day of December and thirtieth, day of June in every year for and 
 during the term of this lease. 
 
 This lease is made and accepted upon the following further terms, cove- 
 nants and agreements — that is to say : 
 
 First. The said lessees are to maintain and operate, and hereby jointly ■ 
 and severally covenant for themselves and the survivors and survivor of them 
 that they will maintain, operate, use and employ the railroad, property, 
 estate, rights and privileges hereby demised, in furtherance of the objects 
 contemplated by the charter of the said Atlantic and St. Lawrence Railroad 
 Company, in the several States within which the same is located and con- 
 structed, and in pursuance of all the general and special laws of the States 
 aforesaid affecting the same, and in such manner as to promote the best pub- 
 lic convenience and advantage, under said charter and laws, during the term 
 of this lease. 
 
 Second. The said lessees further covenant as aforesaid, that they will at 
 all times during the term of this lease, maintain and keep the said railroad, 
 buildings, superstructure, equipment and other property hereby demised and 
 enumerated in the schedule of property aforesaid, and such as may be sub- 
 stituted in pursuance of this indenture, in place of the same, in good and 
 substantial repair and condition, and will from time to time make such alter- 
 ations, improvements and enlargements of said railroad and its appurte- 
 nances, and such additions to and renewals of its buildings, equipment, 
 apparatus and other movable property of every kind as shall be necessary for 
 the most safe, convenient and regular transportation, to the largest practica- 
 ble amount, of passengers, goods and mails, upon all and every part of the 
 line, and from all the several stations of said railroad, so as to accomplish 
 most effectually the public objects contemplated by the charter of said Atlan- 
 tic and St. Lawrence Railroad Company, and by the laws of the several 
 States aforesaid affecting the same, and to promote and sustain, most bene- 
 ficially, all the possible reversionary interests of the said Atlantic and St. 
 Lawrence Railroad Company. 
 
 Third. The said lessees are hereby authorized to sell or otherwise dispose 
 of, alter, amend and repair any of the buildings, rails, equipment, apparatus 
 
ATLANTIC AND ST. I-AWKENCE RAILROAD. 59 
 
 or other movable properly, hereby demised and enumerated in the schedule 
 of property aforesaid, or which may at any time be used or employed in or 
 about said railroad or be appurtenant thereto, so however, that in all such 
 cases, and the said lessees hereby covenant as aforesaid, that, in all such 
 cases, there shall be substituted in place of that which is sold or otherwise 
 disposed of altered, amended or repaired, other property of the like kind, 
 and equally good or belter for the like purposes— and the said lessees are 
 hereby further authorized to cause lo be made or constructed any new build- 
 ings, tracks, rails, apparatus, equipment or other movable property, neces- 
 sary and beneficial to be used for the purposes of said railroad, and to make 
 any and all improvements, alterations and repairs, renewals and enlargements 
 of said raih'oad, which may be necessary for the greatest efficiency and use 
 of the same, but not so as to divert the same from its present location, nor 
 to impair the most convenient public use of the same. 
 
 Fourth. The said lessees further covenant as aforesaid', that they will 
 duly pay the rent herein reserved, at the times and in the manner herein pro- 
 vided, without demand of the same, and will duly pay all taxes which may 
 lawfully be assessed in any jurisdiction, and for any purpose, upon any and 
 all the corporate property, rights, estate and franchise of the said Atlantic 
 and St. Lawrence Railroad Company. 
 
 Fifth. The said lessees further covenant as aforesaid, that they will 
 assume, provide for, satisfy and fully discbarge all the debts, liabilities and 
 obligations of the -said Atlantic and St. Lawrence Railroad Company, which 
 are over and above the funded debt hereinafter, mentioned, and which are 
 enumerated in the schedule thereof hereinafter named, and marked "schedule 
 of debts,'" and all the debts, liabilities and obligations, if any, which may 
 hereafter during the term of this lease by implication of law, arise against 
 and be due from said company, and will fully and forever guarantee, indem- 
 nify, save and hold harmless the said Atlantic and St. Lawrence Railroad 
 Company and the stockholders thereof against all liability for principal or 
 interest on account of any mortgage bonds heretofore issued by said com- 
 pany, and on account of any bonds, mortgages, obligations or assurances 
 heretofore given by said company to the city of Portland, lo secure the said 
 city for the loan of its credit to said company. 
 
 Sixth. The said lessees further covenant as aforesaid, that Ihey will for- 
 ever guarantee, indemnify, save and hold harmless the said company against 
 aU liability for payment of principal or interest of the certificates of loan 
 heretofore issued by said city to said Atlantic and St. Lawrence Railroad 
 Company, in aid of the construction of said railroad, and against all costs 
 and expenses arising from any suit or legal proceeding instituted by any 
 holder of such certificates, and will undertake and perform all the duties and 
 assume all the liabilities imposed upon the said Atlantic and St. Lawrence 
 Railroad Company by the several acts of the legislature of Maine, authoriz- 
 ing the said city to issue the certificates aforesaid, and will duly provide for 
 and make all such contributions and payments as the said Atlantic and St. 
 Lawrence Railroad Company is by law required to make to the several sink- 
 ing funds, created and established by acts of the legislature of Maine for the 
 reimbm'sement of the loans, or any part of the loans so made by the city of 
 Portland. 
 
60 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 Seventh. The said lessees further covenant, as aforesaid, tl^t they will, 
 from and after the execution of this indenture, assume the defence of all 
 suits, actions, complaints and prosecutions, which may then be pending, or 
 which may thereafter be brought against the said Atlantic and St. Lawrence 
 Railroad Company, or any of its officers, servants or agents, for anything hy 
 them done, under authority and in behalf of said company, and will indem- 
 nify and save harmless the said company, and the stockholders thereof, 
 against all costs and expenses incurred in such defence, and against any and 
 all judgments which may be recovered in such suits, actions and prosecutions, 
 and will indemnify, save and hold harmless, the said Atlantic and St. Law- 
 rence Railroad Company, and the stockholders thereof, against all claims, 
 actions, damage and liability, on account of anything which may be done or 
 omitted by the said lessees, or any of them, while exercising, or assuming to 
 exercise any of their powers and rights, under this indenture, and on account 
 of any and all acts, omissions or neglects of any kind, in any manner done 
 or suffered by the said lessees or any of their servants or agents. 
 
 Eighth. The said lessees fm-ther covenant, as aforesaid, that they will, 
 on or before the expiration of every year during the term of this lease, pay 
 to the said Atlantic and St. Lawrence Railroad Company, the sum of five 
 hundred dollars, for all such necessary expenses as the company may incur, 
 within the year aforesaid, for the compensation of such officers as may be 
 required in maintaining the organization of said company, for incidental 
 charges attending the holding of its corporate meetings, and for all neces- 
 sary proceedings, in maintaining and preserving its corporate pow'ers. 
 
 Ninth. The said lessees further covenant, as aforesaid, that they will 
 never underlet nor assign this lease, or any part of their term therein, except 
 by assignment to said Grand Trunk Railway Company, as hereinafter pro- 
 vided, and that they will at all times do, observe and perform, whatever may 
 be lawfully and reasonably required on their part to be done, observed and 
 performed, to uphold, protect and maintain the franchise, rights and inter- 
 ests of said Atlantic and St. Lawrence Railroad Company, and that they will 
 not do, nor voluntarily suffer anything to be done, which shall lead or tend 
 to a forfeiture of the franchise of said Atlantic and St. Lawrence Raikoad 
 Company, or in any manner impair the value of the same. 
 
 Tenth. And, whereas the said Atlantic and St. Lawrence Raikoad Com- 
 pany, and the St. Lawrence and Atlantic Railroad Company, a corporation 
 established by the legislature of the Province of Canada, and designed to 
 effect, through the connection of the respective railroads of said companies, 
 a communication between the city of Portland and the city of Montreal, by 
 a certain instrument or fundamental articles of mutual agreement, entered 
 into by them, on the seventeenth day of April, in the year of our Lord one 
 thousand eight hundred and forty-six, established certain mutual regulations, 
 providing, amongst other things, for the mode and terms of transacting the 
 jomt business upon said raikoads, and for the government of said companies 
 in relation thereto, and the said St. Lawrence and Atlantic Raikoad Company 
 has since that time been consolidated into, and become a part of the said 
 Grand Trunk Railway Company : 
 
 JVoio the said lessees further covenant, as aforesaid, that they will at all 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 61 
 
 times faithfully observe and do whatever remains executory, subsisting and 
 unperformed, of the agreements and regulatitons, so entered into and adopted 
 by the said St. Lawrence and Atlantic Railroad Company, and consistent 
 with the relations of the parties to this lease, and that, in the event of a sur- 
 render or forfeitm'e of this lease, the said Grand Trunk Railway Company 
 shall and will, nevertheless, assume, perform and continue to perform and 
 observe, all the agreements and regulations so entered into and adopted by 
 the said St. Lawrence and Atlantic Railroad Company, and then remaining 
 executory, subsisting and unperformed. 
 
 Eleventh. If the said lessees shall at any time fail to pay the rent herein 
 reserved, as the same shall become payable, and shaJl suffer the same to be 
 in arrears more than sixty days, from and after the time the same became 
 payable, they shall, upon such failure and suffering the said rent to be in 
 arrears, be liable, without any demand or notice by the said Atlantic and St. 
 Lawrence Railroad Company, to suffer the forfeiture of this lease, as herein- 
 after provided. 
 
 If the said lessees shall, at any time, fail to pay the interest, which shall be- 
 come due and payable upon any of the certificates of loan, issued by the city 
 of Portland, as hereinbefore mentioned, or shall neglect or omit to pay the 
 principal of any of said certificates, for more than six months after the matu- 
 rity thereof, they shall, upon such failure, or such neglect and omission, be 
 liable, without any demand or notice by the said Atlantic and St. Lawrence 
 Railroad Company, or any person or corporation interested therein, to suffer 
 the forfeiture of this lease, as hereinafter provided. 
 
 If the said lessees shall at any time fail to pay the interest, which shall be- 
 come due and payable, upon any of the mortgaged bonds heretofore issued 
 by the said Atlantic and St. Lawrence Railroad Company, or shall neglect or 
 omit to pay the principal of any of said mortgage bonds, for more than six 
 months after the maturity thereof, the said lessees shall, upon such failure, 
 or such neglect and omission, be liable, without any demand or notice by the 
 said Atlantic and St. Lawrence Railroad Company, or any holder of said 
 mortgage bonds, to suffer the forfeiture of this lease, as hereinafter pro- 
 vided. 
 
 But, these stipulations and agreements for forfeiture, so far as relates to 
 the certificates of loan, aforesaid, issued by the city of Portland, and to the 
 mortgage bonds, aforesaid, are to be understood and taken as subject to the 
 provision, that if said lessees shall duly provide the requisite funds for the 
 payment of the principal and interest, which shall become due and payable 
 at any time, upon the certificates of loan and mortgage bonds aforesaid, and 
 shall deposit such funds with some suitable depositary, at the times and 
 places, when and where such principal or interest shall be payable, according 
 to the tenor of the certificates and bonds aforesaid, payable on demand to the 
 holders thereof, and shall give reasonable public notice of such deposit, 
 then the said lessees shall not be accountable for, nor liable to suffer any 
 forfeiture, by reason of any delay on the part of the holders of such certifi- 
 cates and bonds to demand and accept payment of the principal or interest 
 due thereon, but shall, nevertheless, be and remain liable at all events, for 
 the fidelity of the depositary with whom such funds shall be deposited, and 
 for the security and proper application of the same. ^ 
 
62 ATLANTIC AND ST. LAWRENCE EAILROAD. 
 
 If the said lessees shall fail to pay and discharge the debts, liabilities and 
 obligations of the said Atlantic and St. Lawrence Railroad Company, which 
 are oyer and above the funded debt hereinaftfer mentioned, and which are 
 enumerated in the schedule of debts hereinafter named, and shall suffer such 
 debts, liabilities and obligations to be in arrears and unpaid to an amount 
 equal to twenty-five thousand dollars, for more than ninety days after the 
 maturity of that amount in the aggregate, and after notice of such arrears 
 given by authority of the directors of said Atlantic and St. Lawrence Rail- 
 " road Company to the said lessee, or any of them, or to any ofHcer of said 
 Grand Trunk Railway Company, at the principal ofiaoe of said company in 
 Canada, the said lessees shall, upon such failure and suffering such arrears to 
 remain for the time aforesaid, be liable to suffer the forfeiture of this lease 
 as hereinafter provided. 
 
 Twelfth. In the event of any failure, neglect and omission by the said 
 lessees or the survivors or survivor of them or their assigns,, hereinafter 
 designated, to make the payments provided for and specified in the eleventh 
 article hereof, as therein required, and which failure, neglect, omission aad 
 the suffering of such payments to be in arrears, it is therein declared, shall 
 render the said lessees liable to suffet the forfeiture of this lease, the said 
 Atlantic and St. Lawrence Railroad Company, into and upon all the said rail- 
 road, property and estate hereby demised, and into and upon all the said im- 
 provements thereof, and property substituted therefor, or into and upon any 
 part thereof in the name of the whole, shall have the right immediately or at 
 anytime thereafter, without other notice or demand than is hereinbefore pro- 
 vided, to re-enter and take and hold possession of the same, and use and oper- 
 ate the same, and take the income and profits thereof, and the said lessees and 
 all their servants and agents to dispossess and amove, and may at the time of 
 such re-entry or at any time thereafter, give written notice to the said lessees 
 or any of them, or to the said Grand Trunk Railway Company, that it holds 
 the said railroad property, estate and improvements for the purpose of effect- 
 ing the determination of this lease and enforcing the forfeiture thereof, for 
 the specified breach or breaches of covenant for which such entry was made; 
 which written notice shall be sufficient, if delivered by authority of the di- 
 rectors of said Atlantic and St. Lawrence Railroad Company, to any one of 
 said lessees or to any officer oF the said Grand Trunk Railway Company at 
 the principal ofiBce of said company in Canada, or in case of inability to de- 
 liver notice as aforesaid, by publishing such notice for two weeks, in some 
 public journal in the city of Montreal. If the said lessees shall not, within 
 eighteen months after the delivery of notice or the last publication thereof 
 as aforesaid, repair, supply and make good all the deficiency and breach of 
 covenant for which such entry was made, with interest for the time of such 
 deficiency upon the sum or sums unpaid and in arrears, all the estate, rights, 
 and interests of the said lessees shall be absolutely determined and forfeited, 
 and the said Atlantic and St. Lawrence Railroad Company shaU have and 
 hold all the said railroad property and estate demised, and all the improve- 
 ments thereof and property substituted therefor, and all the income thereof, 
 as in and of its former estate and to its own use, without liability to account 
 to said lessees for any of said property, estate, improvements, substitutions 
 
ATLANTIC AKD ST. LAWRENCE RAILE'OAD. 63 
 
 or income, or to refund or reimburse to said lessees any sum by them before 
 that time advanced, paid or applied in fulfilment or part fulfilment of any of 
 the coyenants and agreements herein expressed. But if the said lessees and 
 the survivors and survivor of them and their assigns hereinafter designated, 
 shall at any time after such entry for breach of covenant and before the ex- 
 piration of eighteen months aforesaid, from the delivery or publication of 
 notice aforesaid, repair, supply and make good all the deficiency and breach 
 of covenant for which such entry was made, with interest as aforesaid, then 
 the said lessees and the survivors and survivor of them, and their assigns • 
 aforesaid, shall be restored to the possession, use and enjoyment of all the 
 demised premises and the improvements thereof and property substituted 
 therefor as fully and amply, and to all intents and purposes as if no such de- 
 ficiency and breach of covenant had occurred, and the said Atlantic and St. 
 Lawrence Eailroad Company shall restore, and hereby covenants that it will 
 restore and yield possession as aforesaid, and will account for and pay to the 
 said lessees and the survivors and survivor of them and their assigns afore- 
 said, all the net profits and income received by the said Atlantic and St. Law- 
 rence Railroad Company by virtue of its entry and possession aforesaid. 
 
 Thirteenth. The said Atlantic and St. Lawrence Railroad Company on its 
 part hereby covenants, that it shall and may be lawful to and for the said 
 lessees and the survivors and survivor of them and their assigns aforesaid, 
 paying the rent herein reserved, and providing for, and making all the other 
 payments required and provided for in the eleventh article hereof, peaceably 
 and quietly to have, hold, use, occupy and enjoy all and singular the prem- 
 ises hereby demised, with the appurtenances, for and during the said term of 
 nine hundred and ninety-nine years hereby demised, without any molestation 
 whatsoever of or by the said Atlantic and St.. Lawrence Railroad Companj' or 
 assigns, or any person or persons lawfully or equitably claiming or to claim, 
 by, from, or under said company. 
 
 Fourteenth. The said Atlantic and St. Lawrence Railroad Company fur- 
 ther covenants, that it will during the terra hereby demised, uphold and 
 maintain the lawful organization of said company, and will do all things on 
 its part required to be done to uphold and save inviolate the charter and fran- 
 chise thereof ; and will, from time to time, elect and appoint all such oflScers, 
 agents and servants, as it may by law be required to elect and appoint for 
 the purpose of so maintaining its organization, charter and franchise, and will 
 invest them with such powers and duties as may be necessary to secure and 
 maintain the corporate efficiency of said company according to law. 
 
 Fifteenth. The said Atlantic and St. Lawrence Railroad Company further 
 covenants, that after the execution of this lease and until the determination 
 thereof, it will not, without or beyond the request and consent of the said 
 lessees, issue any further shares in the capital stock of said Atlantic and St. 
 Lawrence Eailroad Company beyond the number of shares now lawfully 
 issued, or entitled by virtue of existing contracts to be issued, as hereinbefore 
 mentioned, and will not after the execution of this lease and until the deter- 
 mination thereof, without or beyond the consent of the said lessees create 
 any new debt against said Atlantic and St. Lawrence Raih-oad Company, nor 
 issue or deliver any previously executed evidence of debt for which the said 
 
64 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 company shaU not have received value at the date of the execution of this 
 lease, nor voluntarily do any act whereby any obligation or indebtedness 
 shall result against said company ; but may, nevertheless, execute and deliver 
 any new evidence of debt for indebtedness now existing, or in liquidation of 
 subsisting contracts. 
 
 Sixteenth. The said Atlantic and St. Lawrence Railroad Company fur- 
 ther covenants, that the said lessees shall be entitled to, and shaU have all 
 the benefit and advantage secured by law to the said Atlantic and St. 
 Lawrence Railroad Company, arising or to arise from the establishment 
 and operation of the several sinking funds created, as hereinbefore men- 
 tioned, for the redemption and reimbursement of the certificates of loan 
 heretofore issued by the city of Portland as aforesaid, and shall be enti- 
 tled to use and enjoy all the remedies which the said Atlantic and St. 
 Lawrence Railroad Company has, or may have, to secure the proper cus- 
 tody and management of said funds, and to use the name of the said 
 Atlantic and St. Lawrence Railroad Company whenever necessary for the 
 enforcement of such remedies. 
 
 Seventeenth. The said Atlantic and St. Lawrence Railroad Company 
 further covenants, that It wiU on its part observe and keep all the agi-ee- 
 ments and regulations established and adopted, in and by the fundamen- 
 tal articles hereinbefore mentioned, entered into between the said com- 
 pany and the Atlantic and St. Lawrence Railroad Company, under date of 
 April 17th, 1846, and now remaining executory, subsisting and unper- 
 formed. 
 
 Eighteenth. In further consideration of the premises, the said Atlantic 
 and St. Lawrence Railroad Company hereby assigns to the said lessees 
 all the contracts, bonds, notes, accounts, choses in action, olaimp, actions 
 and causes of action, judgments, appeals and rights of appeal, which the 
 said Atlantic and St. Lawrence Railroad Company now possesses, or to 
 which it is entitled, and hereby constitutes the said lessees and the survi- 
 vors and survivor of them, its attorney irrevocable, until the determina- 
 tion of this lease, with authority to appoint the said Grand Trunk Rail- 
 way Company their substitute, and with power in the name of said 
 assignor, but to the use and at the cost of the assignees to demand, sue 
 f Dr, prosecute, enforce, satisfy, recover and enjoy all the contracts and 
 other things hereby assigned, and in like manner in the name of the said 
 Atlantic and St. Lawrence Railroad Company, but at the cost and to the 
 use of the said assignees, to prosecute all causes of action which may 
 hereafter during the term of this lease, accrue to the said Atlantic and St. 
 Lawrence Railroad Company, against any person or corporation, other 
 than the said lessees and any person or corporation, claiming or acting 
 by or under their authority, or authority, from them derived. 
 
 Nineteenth. The said Atlantic and St. Lawrence Railroad Company 
 hereby further covenants, that it will at all times hereafter, grant to the 
 said lessees, all such access to and inspection of the books, accounts, title 
 deeds, records, files and vouchers of the said Atlantic and St. Lawrence 
 Railroad Company, as may be necessary to facilitate the operations, and 
 secure the interests of the said lessees, under this indenture. 
 
 Twentieth. The Atlantic and St. Lawrence Railroad Company hereby 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 65 
 
 declares its consent, that the lessees herein named, and the survivors and 
 survivor of them, whenever and so soon as the said Grand Trunk Railway 
 Company shall have the requisite authority to accept an assignment of 
 this lease, may assign the same to said company, with all the rights, title 
 and interest of the said lessees therein, and with all their privileges and 
 powers under the same : and the said lessees hereby jointly and severally 
 covenant, that whenever such authority shall be so acquired by the said 
 Grand Trunk Railway Company, they and the survivors and survivor of 
 them will, within one year thereafter, execute in due form of law, and 
 deliver a valid and effective assignment of this lease, and of all their right, 
 title and interest therein, and of all their powers and privileges under the 
 same, to the said Grand Trunk Railway Company, to have and to hold to 
 said company, for aU the time then remaining unexpired of the term 
 herein demised, and will surrender, yield and make over to said company 
 all their possession in and of the railroad, property and estate hereby de- 
 mised, and all things whatsoever, by them acquired and held under this 
 lease, appurtenant to said railroad property and estate, and used for the 
 purposes thereof. 
 
 Upon the execution and delivery of such assignment, and acceptance of 
 the same by the said Grand Trunk Railway Company, the said company 
 shall thereby assume, all the obligations of said lessees under this instru- 
 ment, and shall be holden and bound to keep and perform all the cove- 
 nants and agreements of the said lessees, herein expressed, and to comply 
 with all the conditions, and be subject to all the liabilities, which by this 
 instrument are imposed upon the lessees herein named, as fully and to all 
 intents and purposes, as if the said Grand Trunk Railway Company had 
 been the original lessee under this indenture, and party to the same, and 
 shall in like manner, be holden to supply, restore and make good, all 
 breaches of any of the covenants hereof, by the said lessees, or any of 
 them, before such assignment committed or suffered. 
 
 And the said Atlantic and St. Lawrence Railroad Company further cov- 
 enants, that if such assignment shall be made and accepted, as aforesaid, 
 within the period of two years from the twenty-ninth day of March, here- 
 inbefore named, it will, upon the request of the said Grand Trunk Rail- 
 way Company, execute and deliver to said Grand Trunk Railway Com- 
 pany, any suitable instruments or instrument, for the confirmation and 
 assurance of the same, and for confirming and securing to the Grand 
 Trunk Railway Company, aU the title, rights and interests, powers and 
 privileges, by this indenture demised to said lessees and their assigns, 
 hereby designated. 
 
 Twenty-first. If the said lessees, or any of them, or the survivors or 
 survivor of them, shall, upon the request of the Grand Trunk Railway 
 Company, for an assignment of this lease, as aforesaid, refuse, or for 
 more than sixty days after such request, neglect to make and deliver such 
 assignment, they shall, upon such refusal or neglect, suffer the forfeiture 
 of all their rights, title, interest and estate, in and under the present lease, 
 and the said Atlantic and St. Lawrence Railroad Company, may thereupon, 
 without demand or notice, re-enter upon the premises demised, and the 
 said lessees, their agents and servants, may dispossess and amove, and 
 
66 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 have and hold the said premises, as in and of its f omler estate, as fully, 
 and to all intents and pui-poses, as in case of forfeiture, for any of the 
 causes hereinbefore provided. But, with the intent, nevertheless, that in 
 case of such forfeiture and re-entry, the said Atlantic and St. Lawrence 
 Railroad Company will, notwithstanding, secure, maintain and uphold, 
 * to the said Grand Trunk Railway Company, all the beneficial interest of 
 
 the said Grand Trunk Railway Company, in and to the premises hereby 
 demised, and will make, execute and deliver to the said Grand Trunk 
 Railway Company, all such legal title, and evidence of legal title in and 
 to the said premises, as may be suitable in the law, and practicable to be 
 made, in the manner hereinafter provided, or in any other suitable man- 
 ner, to effect the objects and purposes of the said two companies, in this 
 instrument expressed and set forth. 
 
 Twenty-second. If such forfeiture, as aforesaid, shall take place, by 
 reason of the refusal or neglect of said lessees to make the assignment 
 aforesaid, or if the said Grand Trunk Railway Company shall, instead of 
 the assignment hereinbefore provided for, elect to enter into, become 
 party to, and accept a new indenture of lease, whereby the said premises 
 shall be originally and directly demised to said Grand Trunk Railway 
 Company, and shall, within two years from the twenty-ninth day of 
 March, aforesaid, give notice to the said Atlantic and St. Lawrence Rail- 
 road Company of its election aforesaid, the said Atlantic and St. Law- 
 rence Railroad Company will make and enter a new indenture of lease, 
 in substance upon the same terms, covenants, reservations, conditions and 
 agreements as are herein expressed, mutatis mutandis, between the said 
 Atlantic and St. Lawrence Railroad Company on the one part, and the 
 said Grand Trunk Railway Company on the other part, demising and leas- 
 ing to the said Grand Trunk Railway Company, all the railroad, property, 
 rights and estate hereby demised, to have and to hold to said Grand Trunk 
 Railway Company, for the fuU term of nine hundi-ed and ninety-nine 
 years, from the first day of July aforesaid, and upon the execution and 
 interchange of such new indenture, so entered into, upon the election of 
 the Grand Trunk Railway Company, as aforesaid, all the estate, rights and 
 title of the said lessees, parties to the present indenture, shall ipso facto 
 be determined and cease, and all their possession under the same, and all 
 the property, improvements, funds, income, benefits and advantages by 
 them acquired and held under the same, shall be ipso facto surrendered, 
 yielded and made over to the said Grand Trunk Railroad Company, to its 
 own use and behoof. 
 
 But nothing done by virtue of any of the provisions aforesaid, relating 
 to the assignment of this lease, or the entering into a new indenture of 
 lease, shall be a waiver of any action, or cause of action, which the said 
 Atlantic and St. Lawrence Railroad Company may have against said 
 lessees, or any of them, for any thing by them, or any of them, before that 
 time done, omitted or suffered. 
 
 Twenty-third. And whereas the city of Portland, by virtue of the pro- 
 visions of two of the several acts hereinbefore mentioned, authorizing the 
 loan of the credit of said city, in aid of the construction of the railroad 
 of said company, which two acts were passed respectively, on the first 
 
ATLANTIC AND ST. LAWRENCE EAILEOAD. 67 
 
 day of August, 1848, and the twenty-seventh day of July, 1850, is the 
 holder of fifteen thousand shares in the capital stock of the said Atlantic 
 and St. Lawrence Railroad Company, issued and transferred to said city 
 as collateral security for liabilities in said acts ci-eated, which collateral 
 shares are not comprised in the number of eighteen thousand one hun- 
 dred and fifty shares, hereinbefore enumerated, the said lessees further 
 covenant, as aforesaid, that, if at any time, any of the shares so held as 
 collateral security, shall be sold and transferred by direction of commis- 
 sioners, as in said acts is authorized, they will thereafter pay to the said 
 Atlantic and St. Lawrence Railroad Company, such additional yearly 
 rent, as shall be equal to six dollars in the hundred, by the year, upon the 
 aggregate amount of all such shares, as shall be sold and transferred, as 
 aforesaid, at the par value thereof, to be paid in equal half-yearly pay- 
 ments at said Portland, on the thirty-first day of December, and the thir- 
 tieth day of June, in every year, for and during the term of this lease ; 
 and all the provisions of this indenture, hereinbefore expressed, relating 
 to and securing the payment of the rent hereinbefore reserved, shall be 
 applicable to the payment of the additional rent hereby contingently 
 reserved and made payable. 
 
 Twenty-fourth. If the said Grand Trunk Railway shall not, within 
 eighteen months from the date of this indenture, obtain the requisite leg- 
 islative authority to enable it to accept an assignment of this lease, or to 
 become party to a new indenture of lease as hereinbefore provided, the 
 said lessees and the survivors and survivor of them, shall be entitled, at 
 any time thereafter, to surrender this lease-to the said Atlantic and St. 
 Lawrence Railroad Company, and to relinquish and yield to said Atlantic 
 and St. Lawrence Railroad Company, all their possession of the railroad 
 and property hereby demised and the improvements thereof, and property 
 substituted therefor : which surrender shall be by writing delivered or 
 tendered to any member of the board of directors of said Atlantic and 
 St. Lawrence Railroad Company. Upon such delivery or tender of a writ- 
 ten surrender, and such relinquishment and yielding of possession as 
 aforesaid, the said lessees and all of them shall be thereupon wholly dis- 
 charged from all further liability, covenant and obligation under this in- 
 denture, and the said Atlantic and St. Lawrence Railroad Company hereby 
 covenants, that upon and after such deUvery or tender of a written sur- 
 render and relinquishment of possession as aforesaid, it will never make 
 any claim or prosecute any action against said lessees or any of them, on 
 account of anything in this indenture contained, saving nevertheless all 
 actions and causes of action for any breach of covenant by them, or any 
 of them, before that time committed or suffered. 
 
 Upon the surrender of this lease as aforesaid, the said Atlantic and St. 
 Lawrence Railroad Company hereby covenants, that it will repay in the 
 manner hereinafter provided, all the expenditures which shall have been 
 made by said lessees for such improvements of the property demised and 
 enlargements thereof, suited for the operation and use of said railroad, 
 and made within the period of eighteen months in this article mentioned, 
 as shall have been assented to by resolution of the directors of said At- 
 lantic and St. Lawrence Railroad Company at the time of entering upon 
 
68 ATLANTIC AND ST. LAWEENCE KAILKOAD. 
 
 said improvements and enlargements : and will pay therefor in cash or by 
 issuing and delivering, the bonds of said company to the necessary amount 
 as hereinafter provided. 
 
 Twenty-fifth. Upon the surrender of this lease as provided in the next 
 preceding article hereof, the said Atlantic and St. Lawrence Railroad 
 Company further covenants, that it will repay to the said lessees and the 
 survivors and survivor of them, aU such sums as the said lessees shall 
 have paid before that time in payment, satisfaction and discharge of any 
 of the debts, liabilities and obligations of said company, other than the 
 funded debt of said company and interest thereon, and payments made 
 by said lessees to the sinking funds aforesaid, which funded debt is here- 
 inafter limited and described at the sum of three mUlions four hundred 
 and eighty-five thousand dollars, and wUl pay therefor in the manner 
 hereinafter provided, with interest upon all the sums so paid by said les- 
 sees from the dates of the several payments thereof, until the expiration 
 of the period of eighteen months, mentioned in the next preceding arti- 
 cle hereof, and no longer. 
 
 Upon such surrender, as aforesaid, the said lessees further covenant as 
 aforesaid, that they and the survivors and survivor of them will account 
 for, repay and deliver to said Atlantic and St. Lawrence Railroad Com- 
 pany, all the sums of money received by them from said company under 
 this indenture, and all the proceeds realized by them from any of the con- 
 tracts or other things assigned to said lessees by the eighteenth article 
 hereof ; and will re-assign and deliver to said company all such of the con- 
 tracts and other things assigned as aforesaid, as shall not have been before 
 that time converted into money or otherwise liquidated and settled. 
 
 The balance, if any, which shall be due from said Atlantic and St. Law- 
 rence EaUroad Company to the said lessees upon the mutual accounting 
 between said parties provided for in this, and the preceding article hereolf, 
 shall be paid by said company in cash, or at the option of said company 
 in the bonds of said company, to be made and delivered to said lessees and 
 the survivors and survivor of them, for the discharge of such balance: 
 which bonds shall be in convenient sums in sterling money, at four dol- 
 lars and eighty-four cents to the pound, payable in twenty-five years, in 
 London, in England, to the holder thereof, with interest payable semi- 
 annually in London aforesaid, at the rate of six dollars in the hundred by 
 the year. 
 
 Twenty-sixth. For the purpose of raising funds to be applied towards 
 the discharge of the debts, liabilities and obligations of the said Atlantic 
 and St. Lawrence Railroad Company, mentioned in the fifth article hereof, 
 other than the loans of the credit of the city of Portland, amounting to 
 the sum of two mUUons of doUars, and the mortgage bonds of said com- 
 pany amounting to the sum of one million of dollars, referred to in said ar- 
 ticle, and for the purpose of establishing and limiting the whole funded 
 debt of said company at the sum of three millions four hundred eighty- 
 five thousand dollars, the said Atlantic and St. Lawrence Eaibroad Com- 
 pany further covenants, that it wiU, without delay, issue its further bonds 
 to the amount of four hundred eighty-five thousand doUars; which bonds 
 shall be made in sterling money at four dollars and eighty-four cents to 
 
ATLANTIC AND ST. LAWRENCE EAILEOAD. 69 
 
 the pound, in sums of five hundred pounds each, as nearly as may be, pay- 
 able In twenty-five years, in London, in England, to the holder thereof, 
 with interest payable semi-annually in London, aforesaid, at the rate of 
 six dollars in the hundred, by the year, and shall not be sold or disposed 
 of at less than the par value thereof, without first giving to the said les- 
 sees the right to purchase the same at par, and the said lessees hereby 
 covenant as aforesaid, that upon such offer they will purchase the same at 
 par. And the proceeds of such bonds shall be applied by said Atlantic 
 and St. Lawrence Railroad Company, in payment and discharge of that 
 amount of the debts, liabilities and obUgations aforesaid. 
 
 If the said bonds of the company shall be sold and disposed of as afore- 
 said, and this lease shall not be surrendered as provided in the twenty- 
 fourth article hereof, the said lessees hereby covenant as aforesaid, that 
 they will fully and forever indemnify, guarantee, save and hold harmless 
 the said company against all liability for principal or interest on account 
 of such bonds, and all the provisions contained in the eleventh and twelfth 
 articles hereof, relating to the forfeiture of this lease, for default of any 
 of the payments therein mentioned, shall be applicable to the payment of 
 the principal and interest, which may be due upon the bonds by this ar- 
 ticle provided for. 
 
 Nothing in this instrument contained is intended, or is to be taken as 
 impairing or affecting in any manner any previously existing rights or 
 interests of the city of Portland, in and to the railroad and property 
 hereby demised. 
 
 The two several schedules hereinbefore referred to, and marked respec- 
 tively "schedule of property" and "schedule of debts," are drawn in 
 duplicate of even date with these presents, and identified by the signa^ 
 tures of the parties hereto, and may be referred to and made available to 
 either party to the same effect as if the same were annexed to and formed 
 a part of this indenture. 
 
 In testimony whereof, the Hon. John Ross, Benjamin Holmes and Wil- 
 liam Jackson, Esquires, aforesaid, have severally set their hands and seals 
 to this indenture in duplicate, and the Atlantic and St. Lawrence Railroad 
 Company, by Josiah S. Little, the president thereof, duly authorized for 
 this purpose by a vote of the directors, of which a certified copy is hereto 
 annexed, has subscribed the same and caused the corporate seal of said 
 company to be hereunto affixed, this fifth day of August, in the year of 
 our Lord one thousand eight hundred and fifty-three. 
 
 JOSIAH S. LITTLE, [l. s.] 
 President of the A. & St. L. B. R. Co., 
 BENJ. HOLMES, [l. s.] 
 
 WM. JACKSON, [l. 8.] 
 
 JOHN ROSS, [l. s.] 
 
 Signed, sealed and delivered, in the presence of the undersigned wit- 
 nesses. 
 
 P. BARNES, of Portland, aforesaid. 
 
 A. ROBERTSON, of Montreal, aforesaid, advocate. 
 Countersigned by 
 
 CHAS. E. BARRETT, Treasurer of the A. & St. L. B. B. Co., 
 B. CUSHMAN, aerk. i 
 
70 ATLAJ^TIC AND ST. LAWREKCE RAILROAD. 
 
 The undersigned, the Mayor and Aldetmen of the city of Portland, in 
 pursuance of the third section of the act of the Legislature of Maine, 
 passed on the 29th day of March, 1853, entitled "an act to authorize a 
 lease of the Atlantic and St. Lawrence RaUroad," hereby express their as- 
 sent to the foregoing lease, and have severaUy subscribed their signatures 
 upon this instrument, this fifth day of August, 1853. 
 
 JAMES B. CAHOON, Mayor. 
 RUEUS E. WOOD, 
 GEO. PEARSOJf, 
 GEO. W. WOODMAN, 
 O. L. SANBORN, 
 JACOB McLELLAN, 
 JONAS H. PERLET, 
 S. L. CARLETON. 
 
 ASSIGNMENT OF LEASE. 
 
 This instrument of transfer, assignment and release, made and execut- 
 ed this ninth day of February, 1855, by and between the Hon. John Ross, 
 heretofore of Belleville, now of the city of Quebec, in the province of 
 Canada, Benjamin Holmes, Esq., of Monti-eal, in said province, and Wil- 
 liam Jackson, Esq., of Birkenhead, England, acting herein by his attor- 
 ney, the Hon. John Ross, aforesaid, of the first part, and the Grand' 
 Trunk Railway Company of Canada, acting herein by the Hon. Francis 
 Hincks of Quebec, in said province, duly authorized for the purpose, of 
 the second part. 
 
 Witnesseth — That whereas, under and by virtue of a certain indenture 
 of lease, executed and dated the fifth day of August, in the year of our 
 Lord one thousand eight hundred and fifty-three, the "Atlantic and St. 
 Lawrence Railroad Company,'' a corporation established by the Legisla- 
 ture of the State of Maine, did demise and lease, for the term of nine 
 hundred and ninety-nine years, commencing from the first day of July, 
 one thousand eight hundred and fifty-three, subject to the payment of 
 the rent, and upon the terms and conditions in such indenture of lease 
 contained, to them, the above named Hon. John Ross, William Jackson 
 and Benjamin Holmes, the railroad of the said Atlantic and St. Lawrence 
 Railroad Company, as then chartered, located and constructed, commenc- 
 ing at the city of Portland, in the State of Maine, extending thence to the 
 boundary line of the State of New Hampshire, and thence continued 
 through the State of New Hampshire to and into the State of Vermont, 
 as far as to the Common Junction at Island Pond, in the county of Essex, 
 in the said State of Vermont, together with all the property and real es- 
 tate, real, personal and mixed, wheresoever the same might be situated, 
 belonging to said Atlantic and St. Lawrence Railroad Company, appurte- 
 nant to and designed for the purposes of maintaining and operating said 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 71 
 
 railroad, including all the stations, warehouses, and other buildings, 
 bridges, piers, wharves, shore-rights, water-rights and harbor privileges, 
 belongirig to, vested in, or possessed by the said Atlantic and St. Law- 
 rence Railroad Company, and all the rights of way, and other easements, 
 rights to acquire easements, the road bed, superstructure, equipment, ap- 
 paratus, implements, rails and other materials and stores, which the said 
 company possessed, claimed, held, occupied and enjoyed, for the objects 
 of its incorporation, under the charter thereof, according to the schedule 
 of said property and estate, in the said lease named and marked "sche- 
 dule of property ;" also all the tolls, rates, fares, rents and incomes, 
 which the said company was then or might thereafter be entitled to re- 
 ceive and take, and all its rights to demand, collect and receive the same, 
 and all the claims of every nature, credits, choses in action, causes of 
 action, appeals and rights of appeal, which belonged to and were held by 
 said company at the commencement of and during the term in the said 
 lease defined and limited, together with all the rights and privileges ac- 
 quired, and to be acquired, through the exercise of the corporate powers 
 of the said Atlantic and St. Lawrence Railroad Company. 
 
 And whereas, it is covenanted and agreed in and by the said lease among 
 other things, that the said Hon. John Ross, William Jackson and Benja- 
 min Holmes, the said party hereto of the first part, and the survivors and 
 survivor of them, whenever and so soon as the said "Grand Trunk Rail- 
 way Company," party hereto of the second part, should have, from the 
 Legislature of Canada, the requisite authority to accept an assignment of 
 said lease, might assign the same to the said company, party hereto of the 
 second part, with all the rights, title and interest of the said lessees, party 
 hereto of the first part, and with all their privileges and powers under 
 said lease ; 
 
 And whereas, by and in virtue of the said lease, the said party hereto 
 of the first part, did covenant and agree, that whenever such authority 
 should be so acquired by the said Grand Trunk Railway Company of Can- 
 ada, party hereto, of the second part, they, the said Hon. John Ross, 
 William Jackson and Benjamin Holmes, and the survivors and survivor 
 of them, would, within one year thereafter, execute in due form of law, 
 and deliver, a valid and effective assignment of aU their rights, title and 
 interest therein, and of all their powers and privileges under the same, to 
 the said Grand Trunk Railway Company of Canada, to have and to hold 
 unto the said company, for all the time then remaining unexpired of the 
 term of said lease, demised, and would surrender, yield and make over to 
 said company, all their possession in and of the railroad property and 
 estate thereby demised, and all things whatsoever, by, the, said lessees, 
 party hereto, of the first part, acquired and held under said lease, appur- 
 tenant to said railroad property and estate, and used for the purposes 
 thereof ; 
 
 And whereas, by and in virtue of the said lease, it was further cove- 
 nanted and agreed, that upon the execution and delivery of such assign- 
 ment to, and acceptance of the same, by the said Grand Trunk Railway 
 Company of Canada, the said company should thereby assume all the 
 obligations of the said John Ross, WiUiam Jackson and Benjamin Holmes, 
 
ATLANTIC ANB ST. LAWRENCE EAILEOAD. 
 
 under the said indenture or instrument of lease, and should be holden 
 and bound to keep and perform all the covenants and agreements of the 
 said lessees, in the said lease expressed, and to comply with all the con- 
 ditions, and be subject to all the liabilities, which by said indenture of 
 lease were imposed upon the said Hon. John Boss, William Jackson and 
 Benjamin Holmes, as lessees aforesaid, as fully, and to all intents and 
 purposes, as if said Grand Trunk Railway Company of Canada, had been 
 the original lessee under said indenture of leasCj and party to the same ; 
 
 And whereas, the said Grand Trunk Railway Company of Canada, 
 under and by virtue of a certain act of the legislature of the province of 
 Canada, passed in the eighteenth year of Her Majesty's reign, chapter 33, 
 entitled "an act to amend the acts relating to the Grand Trunk Railway 
 Company of Canada," has been duly authorized to accept, and take the 
 said lease and the interest and property of the said Hon. John Ross, Wil- 
 liam .Jackson and Benjamin Holmes, on the terms and conditions in the 
 said lease mentioned, with such modifications and alterations, as should 
 be agreed to by the directors of the said company, and to indemnify 
 them, the said Hon. John Ross, William Jackson and Benjamin Holmes, 
 from and against the covenants and conditions therein contained, on the 
 part of the said John Ross, William Jackson and Benjamin Holmes, and 
 to hold the said portion of railway and property subject to the rent, 
 and on the terms and conditions, in the said lease specified with such 
 modifications as aforesaid ; 
 
 And whereas, the said Grand Trunk Railway Company of Canada, is 
 i-eady and willing to take and accept a transfer and assignment of the 
 said lease, and of all the premises therein mentioned, subject to the sev- 
 eral and respective clauses, conditions, covenants, agreements and pro- 
 visions therein contained ; / 
 
 Now therefore, these presents witness, that for the considerations afore- 
 said, and the further consideration of ten shillings in hand, well and truly 
 paid by the said party hereto, of the second part, to the said party here- 
 to of the first part, the receipt whereof is hereby acknowledged, and in 
 compliance with the conditions and requirements contained and expressed 
 in the said lease, the said party hereto of the first part, to vrit : the said 
 Hon. John Ross, WUliam Jackson, represented and acting as aforesaid, 
 and Benjamin Holmes, have assigned, transferred and made over, and by 
 these presents do assign, transfer and make over unto the said Grand 
 Trunk Railway Company of Canada, represented, acting and accepting 
 thereof as aforesaid, all the right, share, claim, title, interest and demand 
 generally whatsoever, which they, the said Hon. John Ross, William 
 Jackson and Benjamin Holmes have, or may in any way, shape or man- 
 ner, have, claim and demand in and to the said herein above mentioned 
 lease, and the unexpired term thereof, together with the said lease and 
 all the premises generally whatsoever, thereby leased and demised, and 
 aU the powers and privileges which they may have, under and by virtue 
 of the same, as also their possession in and of the railroad property and 
 estate thereby demised, and all things whatsoever by them acquired and 
 held under said lease, appurtenant to said railroad property and estate, 
 and used for the purposes thereof, the whole without any exception and 
 
ATLANTIC AND ST. LAWKENCE RAILROAD. 73 
 
 reserve, and as fully and effectually, as if the same had been directly en- 
 tered into and made between the said Atlantic and St. Lawrence Railroad 
 Company, and the said Grand Trunk Railway Company of Canada, sub- 
 ject to all and every the several and respective clauses, conditions, obli- 
 gations, covenants, agreements and provisions, contained, mentioned and 
 set forth in the said lease, whether relating to and in favor of, or imposed 
 upon the said Hon. John Ross, William Jackson and Benjamin Holmes, 
 and the said Grand Trunk Railway Company of Canada, and either of 
 them, or relating to and in favor of, or imposed upon the said Atlantic 
 and St. Lawrence Railroad Company. 
 
 To have and to hold all and every, the said hereby assigned and trans- 
 ferred premises unto the said Grand Trunk Railway Company of Canada, 
 for all the time now remaining unexpired of the term in said lease 
 demised. 
 
 And the said parties hereto do hereby declare, that in contemplation 
 and in view of the present assignment and transfer, the said Grand Trunk 
 Railway Company of Canada has, ever since thq commencement of the 
 term of the said lease, been in possession of the railroad and all railroad 
 property, moveable and immoveable, and all other premises demised and 
 leased, under and by virtue of the said indenture of lease, and that the 
 said company Tias worked, maintained and kept in operation, the said 
 railroad at its own cost and expense, and for its own profit, benefit and 
 advantage, and that all buildings, enlargementSj additions and improve- 
 ments to said railroad and stations, and the perfecting of the equipment 
 thereof, have been made, done, performed and paid for by the said Grand 
 Trunk Railway Company of Canada, and that therefore, the same and 
 every part thereof, belong to the said company, and that the said Hon. 
 John Ross, William Jackson and Benjamin Holmes, have no claim what- 
 ever on the said company for the profits derived from the working of the 
 said railroad by the said company, nor any claim, in, to or upon or by 
 reason of the said buildings, enlargements, additions and improvements 
 to said railroad, stations, and the equipment thereof. 
 
 And the said Grand Trunk Railway Company of Canada, doth hereby 
 acknowledge, to have received from the said Hon. John Ross, William 
 Jackson and Benjamin Holmes, the original dupUoate of the said lease 
 whereof quit. 
 
 And whereas, the said Grand Trunk Railway Company of Canada has, ^ 
 since the commencement of the said lease, expended divers sums of money 
 for the improvements made on said railroad, and towards the perfecting 
 of the equipment thereof, the said Grand Trunk Railway Company of 
 Canada, will have to make with the said Atlantic and St. Lawrence Rail- 
 road Company, such stipulations and arrangements as may be agreed upon 
 between them, in order to obtain the capitalizing of such expenditure by 
 the issue of shares, or otherwise, if entitled under said lease to obtain such 
 an issue of shares. 
 
 Therefore, the said Grand Trunk Railway Company of Canada, doth 
 hereby discharge the said Hon. John Ross, Benjamin Hohnes and Wil- 
 liam Jackson, of all liability and responsibility whatever, by reason, or 
 in consequence of their having been parties to the said lease, and doth 
 
 5 
 
74 ATLANTIC AND ST. LAWEENCE RAILROAD. 
 
 promise, covenant and agree, to keep them, and every one of them, free 
 and harmless of aU claims and demands, which might hereafter be made 
 upon and against them, and either of them, as such parties to said lease. 
 And the said parties hereto, do hereby further declare, that all rents, 
 debts, interest and other sums of money, which under and by virtue of the 
 said lease, were to be paid by the said Hon. John Eoss, Benjamin Holmes 
 and WUliam Jackson, have been paid and discharged by the. said Grand 
 Trunk Railway Company of Canada, ever since the commencement of 
 the term of the said lease, up to this day, and that, therefore, they, the 
 said Hon. John Eoss, Benjamin Holmes and William Jackson, have 
 no claim whatever on the said Grrand Trunk Railway Company of Canada, 
 for reimbursement of any sum of money. , 
 
 And in consideration of aU and every the premises, and of these pre- 
 sents, the said Grand Trunk Railway Company of Canada, doth hereby 
 assume all liabilities generally, whatsoever, mentioned in the said lease, 
 as having to be paid, either by the said Hon. John Eoss, Benjamin 
 Holmes and William Jackson, or by the said Grand Trunk Eailway Com- 
 pany of Canada, the whole as f uUy and effectually, as if the said company 
 was party to the said lease, as principal obligor. 
 
 In witness whereof, the above named John Eoss, Benjamin Holmes and 
 William Jackson, by his said attorney, have hereunto severally subscribed 
 their hands, and set their seals, and the said Grand Trunk Eailway Com- 
 pany of Canada, has caused the same to be subscribed in its behalf, by 
 the said Francis Hincks, and the corporate seal of said company to be 
 affixed hereto, at Portland, in the State of Maine, this ninth day of Febru- 
 ary, in the year of our Lord one thousand eight hundred and flfty-five. 
 
 JOHN EOSS, [l. s.] 
 
 BENJ. HOLMES, [l. b.] 
 WM. JACKSON, [l. b.] 
 P.er Jno. Eoss, his attorney. 
 F. HINCKS, [l. s.] 
 
 For the Grand Trunk Bailway Co., of Canada. 
 Signed, sealed and delivered 
 in presence of 
 Geo. Et. Cabteeb, ' 
 
 > G. F. Sheplbt. 
 
ATLANTIC AND ST. LAWRENCE EAILEOAD. 75 
 
 SUPPLEMENT TO LEASE. 
 
 Akticles and Covenants Supplemental to the lease of the Atlan- 
 tic and St. Lawrence Railroad, executed and delivered on the 5th day of 
 August, 1853, by the Atlantic and St. Lawrence Railroad Company, to 
 John Ross, Benjamin Holmes and William Jackson. 
 
 mrst. Whereas the Grand Trunk Railway Company of Canada, in per- 
 suance of the provisions of said lease, has become the assignee thereof, 
 and has entered into possession of the railroad and property thereby 
 demised, and whereas the said Atlantic Company, at the request of 
 said Grand Trunk Company, since the making of said assignment 
 has issued and delivered to the said Grand Trunk Company, six thou- 
 sand eight hundred and fifty-nine shares in the capital stock of said 
 Atlantic Company, being so many shares over and above the number 
 of eighteen thousand one hundred and fifty, which had been issued and 
 authorized to be issued at the making of said lease — ^which additional 
 shares were so issued and delivered on account of construction expendi- 
 tures, in improving and perfecting the said railroad, and the equipment 
 thereof, and for the purpose of capitalizing said expenditure — and has 
 agreed to issue and deliver to the said Grand Trunk Company (the re- 
 quisite legislative authority, being obtained, if necessary, for the enlarge- 
 ment of said capital stock,) such further shares thereof as may be requir- 
 ed to satisfy and discharge, by the proceeds of the same, the bonds here- 
 tofore issued by the said Atlantic Company, and the certificates of debt 
 of the city of Portland, made and issued in aid of the construction of said 
 railroad, and has further agreed, that if, upon the maturity of said bonds 
 and certificates of debt, it shall be impracticable or unadvisable, by reason 
 of the condition of the money market at such times-, to pay off and dis- 
 charge the said bonds and certificates, from the proceeds of shares, or 
 otherwise, the said Atlantic Company will then, at the request of said 
 Grand Trunk Company, issue its further bonds, in renewal and extension 
 of the bonds and certificates so maturing, and thereafter, if requested 
 for like reason, will issue fvu-ther successive series of bonds, for like fur- 
 ther successive renewals and extensions ; — 
 
 Now, in consideration of the premises, the said Grand Trunk Railway 
 Company of Canada hereby covenants, that upon the amount of the par 
 value of any and all such additional shares as have been or may be issued 
 as aforesaid, it will pay an additional yearly rent, under said lease, at the 
 rate of three dollars in the hundred, half yearly, under like conditions 
 with the payments of the rent reserved in said lease, as therein provided, 
 so that the rent reserved and accruing under said lease, shall at all times 
 be the annual interest, at the rate aforesaid, upon the aggregate par value 
 of all the shares in the capital stock of said Atlantic Company, which 
 shall be lawfully issued and outstanding. 
 
76 ATLANTIC AND ST. LAWRENCE RAILROAD. 
 
 The said Grand Trunk Company also further covenants, that it will 
 duly provide for and pay the interest which shall at any time accrue and 
 hecome payahle upon any and all the further bonds and successive series 
 of bonds of said Atlantic Company, which may be issued in renewal and 
 extension of the present bonds of said company, and of the certificates of 
 debt of the city of Portland, as aforesaid,— and will duly provide for and 
 pay the principal of all the several bonds and series of bonds, which 
 shall be issued in renewal and extension as aforesaid, as the same shall 
 from time to time successively mature and become payable. 
 
 Second. And whereas, by an act of the Legislature of Maine, passed 
 the twenty-third day of September, eighteen hundred and fifty-three, au- 
 thority is given to convert the shares of the capital stock of said Atlantic 
 Company, into values expressed in the sterling currency of England, and 
 to provide for the payment of dividends thereon, in London, in England, 
 and the necessary regulations and forms therefor, have been adopted by 
 the stockholders and directors of the said Atlantic Company, the said 
 Grand Trunk Railway Company of Canada hereby further covenants, that 
 upon seasonable notice, according to said regulations, given by the said 
 Atlantic Company, of the number of shares, which may have been con- 
 verted and issued in sterling currency, at the expiration of every half 
 year, when the rent reserved under the said lease shall become payable; 
 it wiU provide for and pay, at its office in London, three pounds sterling 
 on every- such sterling share, of one hundred pounds each, and will pay 
 the same semi-annually, on the fifteenth day of March and the fifteenth 
 day of September, in each and every year during the term of said lease ; 
 which payments so made in London, are to be in reduction and discharge 
 of so much of the half yearly rent, under said lease, as would otherwise 
 be payable at Portland on the thirtieth day of June and the thirty-first 
 day of December respectively, preceding the dates above recited. 
 
 And it is understood and agreed by the parties hereto, that all the pro- 
 visions, covenants and stipulations, contained in said lease, and in these 
 supplemental articles, respecting the payment of rent reserved and accru- 
 ing under the same, are to be taken as subject to and qualified by the 
 foregoing provision for the payment of a part of the said rent, at London, 
 in March and September annually, instead of at Portland, in June and 
 December, as originally provided. 
 
 Third. And in further consideration of the premises, the said Grand 
 Trunk Railway Company of Canada hereby expressly agrees and con- 
 sents, that any failure on its part, for more than sixty days, to pay the 
 rent, which shall at any time become payable upon any additional shares 
 issued and to be issued under the provisions of these supplemental arti- 
 cles, or any failure to pay the bonds and successive series of bonds to be 
 issued in renewal and extension of the now existing bonds of said Atlan- 
 tic Company, and certificates of debt of the city of Portland, or to pay the 
 interest from time to time accrujng upon the same, or any f aUvire for 
 more than sixty days to provide for and pay, in London, such part of the 
 rent under said lease, as is in these supplemental articles provided and 
 agreed to be paid at that place, shall be a cause of forfeiture of said lease, 
 as fully and effectually, and in like manner and upon like conditions, 
 
ATLANTIC AND ST. LAWRENCE RAILROAD. 77 
 
 with the causes of forfeiture, recited and expressed in the eleventli article 
 of said original lease ; and such forfeiture may be enforced, and the 
 determination of said lease effected therefor, in the manner and under 
 the limitations expressed in the twelfth article of said original lease, as 
 fully and absolutely, as if the causes of forfeiture in these supplemental 
 articles defined and set forth, had been expressed and provided lor in 
 said original lease, and with like remedy and relief from such forfeiture, 
 as is in said original lease provided. 
 
 In testimony whereof, the said companies have mutually caused this 
 instrument to be subscribed in duplicate in their behalf, respectively — ^by 
 Benjamin Holmes, Esquire, vice president of said Grand Trunk Railway 
 Company, duly authorized for this purpose on its behalf, and by St. John 
 Smith, Esquire, president of said Atlantic and St. Lawrence Railroad 
 Company, duly authorized for this purpose on its behalf, and the respec- 
 tive corporate seals of said companies to be hereunto affixed, this sixth day 
 of December, in the year of our Lord one thousand eight hundred and 
 fifty-five, — ^the resolutions of the respective boards of directors of said 
 companies, authorizing the execution hereof, as aforesaid, being hereunto 
 annexed. 
 
 The Atlantic and St. Lawrence Railroad Company, by 
 
 St. JOHN SMITH, President, [l. s.] 
 The Grand Trunk Railway Company of Canada, by 
 
 BENJ. HOLMES, V. Pres't. [l. s.] 
 Signed, sealed and interchanged, 
 in presence of 
 P. Baenes, of Portland, aforesaid. 
 T. DoTJCBT, of Montreal, notary. 
 Countersigned by 
 
 CHAS. E. BARRETT, Treas. of the A. & St.L. E. B. Co. 
 
 The undersigned, the mayor and aldermen of the city of Portland, in 
 pursuance of the third section of the act of the legislature of Maine, pass- 
 ed on the twenty-ninth day of March, 1853, entitled, "an act to authorize 
 a lease of the Atlantic and St. Lawrence Railroad," hereby express their 
 assent to the foregoing articles and covenants, supplemental to the 
 lease, executed and delivered on the fifth day of August, 1853, and have 
 severally subscribed their signatures upon this instrument, this sixth day 
 of December, 1855. 
 
 NEAL DOW, Mayor. 
 S. L. CARLETON, 
 HENRY A. JONES, 
 JOSEPH LIBBT, 
 SAM'L J. ANDERSON, 
 WM. W. THOMAS, 
 JOSEPH RING. 
 
78 
 
 BOSTON AND MAINE RAILROAD. 
 
 BOSTON AND MAINE RAILROAD. 
 
 This road at first extended in this State only from South Berwick 
 Junction to Salmon Falls, N. H., two and one half miles. In 1873 it wai 
 extended from South Berwick Junction to Portland, forty-four miles in 
 this State. It was chartered by the name of the Maine, New Hamp- 
 shire, and Massachusetts Railroad Corporation. 
 
 Corporate re. 
 
 Corporate 
 name. 
 
 LAWS OF 1836, CHAP. 179. 
 
 An act to establish the Maine, New Hampshire, and Massachusetts Rail- 
 road Corporation. 
 
 Be it enacted, <&c. Sect. 1. That Joseph Adams, Mason 
 Greenwood, Oliver B. Dorrance, Charles M. Davis, William W. 
 Woodbury, Nathan Winslow, Jedediah Jewett, Henry Smith, 
 John Warren, Bryce M. Edwards, Daniel T. Pierce, Noah 
 Mason, Toppan Robie, Joseph M. Gerrish, James Irish, Alex- 
 ander McLellen, Nathan El^en, Joseph Woodman, Abijah 
 Usher, Joseph Hobson, EUis B. Usher, Nathaniel J. MiUer, 
 Edmund Warren, William Cook, Isaac Dearing, Jeremiah 
 Eoberts, Porter Gilman, Jonathan Downing, Ivory Hall, Nath- 
 aniel Farniim, John Griffin, Joseph Emerson, Jeremiah Brad- 
 bury, William B. Holmes, Abiel Hall, David Hall, Alvah 
 Conant, Jeremiah Goodwin, Benjamin J. Herrick, John Pow- 
 ers, Nicholas E. Paine, John J. Paine, Arthur McArthur, 
 Charles E. Bartlett, Thomas B. Parks, Job Harris, John Bi 
 Wood, Frederick Cogswell, their associates, successors, and 
 assigns be, and they are hereby made a body politic and cor- 
 porate, by the name of "the Maine, New Hampshire, and 
 Massachusetts Bailroad Corporation," and by that name shall 
 have all the powers, privileges, and immunities, and be sub- 
 ject to all the duties and liabilities provided and prescribed in 
 an act passed on the sixteenth of February last, entitled "an 
 act concerning corporations," and an act defining certain rightB 
 and duties of raiboad corporations, passed the first of March 
 
BOSTON AND MAINE RAILROAD. 79 
 
 instant, and shall be and hereby are invested with all the pow- 
 ers, privileges and immunities, which are or may be necessary 
 to carry into effect the purposes and objects of this act as here- 
 inafter set forth. And the said corporation are hereby auth- May bmid road. 
 orized 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 bridges, viaducts, turnouts, 
 culverts, drains, and all other necessary appendages, from 
 some point or place in the city of Portland, through the vil- 
 lage of Saccarappa in the town of Westbrook, thence into the ^'°« "f ^'"^■ 
 village of Gorham, thence through the town of Buxton to Saco 
 River, and to cross said river at some place as hereinafter pro- 
 vided ; thence through the towns of HoUis and Waterborough 
 to Alfred village, thence through the towns of Sanford, North 
 Berwick, and Berwick to the village of Great Falls in Somers- 
 worth and to unite with the railroad from said Great Falls 
 through New Hampshire to Massachusetts line, in such man- 
 ner and form as they shall deem to be most expedient. And 
 for this purpose said corporation shall have the right to take ^'^^ *^''« "■«*' 
 and hold so much of the land, and other real estate of private 
 persons as maybe necessary for the location, consti-uction, 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 ; 
 Provided, however, that said land so taken, shall not excfeed ™™''' 
 four rods in width, except vfhere greater width is necessary 
 for the purpose of excavation or embankment : And provided 
 also, that in all cases, said corporation shall pay for such How paid for. 
 lands, estate, or materials so taken and used, such price as 
 they and the owner, or respective owners thereof may mutual- 
 ly agree on ; and in case said parties shall not otherwise agree, 
 then said corporation shall pay such damages as shall be ascer- 
 tained 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 limita- 
 tions, as are by law provided in the case of damages by laying 
 out of highways. And the land so taken by said corporation 
 
80 
 
 BOSTON AND MAINE RAILKOAD. 
 
 Miiy fell trees. 
 
 "Where to pass 
 Saco river. 
 
 Stock. 
 
 Officers. 
 
 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 ; or when 
 it has already been taken, within one year from the time of 
 passing this act, and in case such railroad shall pass through 
 any wood lands or forests, the said company shall have the 
 right to fell or remove any trees standing therein, witl^n four 
 rods from such road, which by their liability to be blown down 
 or from their natural falling might obstruct or impair said 
 railroad, by paying a just compensation therefor, to be recov- 
 ered in the same manner as is provided for the recovery of 
 other damages in this bill. 
 
 Sect. 2. That said railroad shall pass over Saco Eiver in 
 such place at or near the falls at the Bar Mills, or at or near 
 the falls at Salmon Falls, or at some intermediate point be- 
 tween, as said commissioners or a majority of them shall deter- 
 mine ; and said corporation is hereby authorized and empow- 
 ered to locate, construct, and finally complete, alter and keep 
 in repair a branch or branches of said railroad from either or 
 both of said falls to said principal railroad, which may unite 
 therewith and become a part thereof. 
 
 Sect. .3. That the capital stock of said corporation shall 
 consist of not less than five thousand, nor more than six thou- 
 sand shares ; and the immediate government and direction of 
 the ajBFairs of said corporation shall be vested in seven, 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 transaction 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 treasurer, who shall give bonds to 
 the corporation, with sureties, to the satisfaction of the dn-ec- 
 tors, in a sum of not less than thirty thousand dollars, for the 
 faithful discharge of his trust. And for the purpose of receiv- 
 
BOSTON AND MAINE RAILROAD. 81 
 
 Stock books to 
 be opened. 
 
 Notice. 
 
 ing 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 of York, Cumberland and Oxford, in this 
 State, and in the towns of Somersworth, Dover, New Market, 
 and Exeter in New Hampshire, and Haverhill, and Andover, 
 and the city of Boston in Massachusetts, and elsewhere as 
 they shall appoint, to remain open for ten successive days, at 
 which time and place of subscription public notice shall be 
 given in some newspaper printed in Portland, Great Falls, 
 Dover, Haverhill, Exeter and Boston, twenty days at least, 
 previous to the opening such subscription, and in case the 
 amount subscribed shall exceed six thousand shares, the same 
 shall be distributed 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 meet- 
 ing of said corporation, by giving notice in one or more news- 
 papers published in the towns and cities above named, of the 
 time and place, and the purpose of such meeting, at least twenty 
 days before the time mentioned in such notice. 
 
 Sect. 4. That the president and directors for the time being, 
 are hereby authorized and empowered by themselves or their 
 age»ts, to exercise all the powers herein granted to the cor- locate" ™*'^ 
 poration, for the purpose of locating, constructing, and com- 
 pleting said railroad, and for the transportation of persons-j 
 goods, and property of all descriptions, and all such power and 
 authority for the management of the affaii-s 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 cor- 
 poration 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 AsaeBsmente. 
 corporation, as they may deem expedient and necessary, in the 
 execution and the progress of the work, and direct the same to 
 be p.aid to the treasurer of the corporation. And the treasurer 
 
By-lawfl. 
 
 82 BOSTON ANB MAINE RAILROAD. 
 
 shall give notice of all such assessments ; and in case any sub- 
 scriber 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 by-laws of said corpora- 
 tion, 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 
 subscriber or stockholder shall be held accountable to the cor- 
 poration 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 ; Provided however, that no assess- 
 ments shall be laid upon any shares in said corporation of a 
 greater amount in the whole, than one hundred dollars. 
 
 Sect. 5. That the said corporation shall have power to 
 make, ordain, and establish all necessary by-laws and regula- 
 tions, consistent 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 pro- 
 perty. 
 
 Sect. 6. That a toll be and hereby is granted and establish- 
 ed, 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 direc- 
 tors 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 with 
 such rules, regulations, and provisions as the directors shall 
 from tinie to time prescribe and direct ; Provided however, 
 that if at the expiration of twelve years from and after the 
 PfOTisowhen Completion of said road the net income or receipts from tolls 
 ^rTil^ ^°d ot^ej" profits, taking the twelve years aforesaid as the basis 
 
 of calculation, shall have amounted to more than twelve per 
 centum per annum upon the cost of the road and incijiental 
 
 Toll 
 
BOSTON AND MAINE RAILEOAD. 83 
 
 expenses, the legislature may alter and reduce the rate of tolls, 
 and other profits so that the net income shall not exceed twelve 
 per centum for the next twelve years, calculating the amount 
 of transportation on the road to be the same as in the twelve 
 preceding years, and at the expiration of every twelve years 
 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, taking the basis of cal- 
 culation as aforesaid, without the consent of said corporation. 
 And provided further, that the legislature may, instead of power of legis- 
 reducing said tolls and profits to twelve per centum, appro- foj^ohoois'''^''^ 
 priate the surplus to the public schools of the State. 
 
 Sect. 7. That the legislature may authorize any other com- 
 pany or companies to connect any other railroad or railoads t!onnections 
 with the railroad of said corporation, at any points of inter- roads, 
 section on the route of said railroad. And said corporation 
 shall receive and transport all persons, 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 therewith, at the same 
 rates of toll and freight as may be prescribed by said corpora- 
 tion, so that the rates of freight and toll on such passengers, 
 goods, and other property as may be received from such other 
 railroads, so connected with said railfoad as aforesaid, shall 
 not exceed the general rates of freight and toll on said rail- 
 road received for freight and passengers, &c., at any of the 
 depots of said corporation. 
 
 Sect. 8. That the directors of said corporation for the time 
 being are hereby authorized to erect toll houses, establish 
 gates, appoint toll gatherers and demand toU on the road, 
 when completed, and upon such parts thereof as shall from 
 time to time be completed. 
 
 Sect. 9. That when said corporation shall take any land, 
 
 . . ■! I Settlement of 
 
 or other estate, as aforesaid, ot any iniant, person non com- damages with 
 pos mentis, or feme covert, whose husband is under guardian- """ «ompos 
 
 * ' ' ° mentis, &c. 
 
 ship, the guardian of such infant, or person non compos mentis, 
 and such feme covert, with the guardian of her husband shall 
 
 Toll houses. 
 
84 
 
 BOSTON AND MAINE RAILEOAD. 
 
 Malicious 
 injury. 
 
 Meetings, how 
 called. 
 
 Crossing canals 
 Ac. 
 
 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. 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 des- 
 troy said railroad, or any part thereof, or anything 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 treapaBs, 
 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 corporation. And sucli 
 offender or offenders shall be liable to indictment by the 
 grand jury of the county, within which trespass shall have 
 been committed, for any offence or offences, contrary to the 
 ■above provisions, and upon conviction thereof b.efore any court 
 competent to try the same, 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 such conviction may be had. 
 
 Sect. 11. That the annual meeting of the members of said 
 corporation 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 
 baHot, each proprietor being entitled to as many votes as he 
 holds shares, 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 cor- 
 poration by their by-laws shall direct. 
 
 Sect. 12. That if the said railroad, in the course thereof, 
 shall 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 the said raiboad shall, in the 
 
BOSTON AND MAINE RA.ILEOAD. 85 
 
 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 said 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, rail- 
 road, highway, or private way. 
 
 Sect. 13. That if the said corporation shall not have been Time of loca- 
 organized, and the location according to actual survey of the uoni™i'ed. 
 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 om- Lord one thousand eight hundred 
 and forty-six, in either of the above mentioned cases, this act 
 shall be null and void. 
 
 Sect. 14. That said railroad corporation shall constantly 
 maintain in good repair all bridges with their abutments and'^,^^^"^'" 
 embankments, 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. 15. That if said railroad shall in the course thereof, 
 cross any tide waters, navigable rivers or streams, the said g„„ ^^.^^^ 
 corporation be and they hereby are authorized and empower- *^^^ waters. 
 ed to erect for the sole and exclusive travel on their said rail- 
 road, 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. 16. That the books of said corporation shall at all 
 times be open to the inspection of the governor and council, ^°*^ '" ^ 
 
 ^ ' open for inspec- 
 
 and of any committee duly authorized by the legislature : and Uon. 
 at the expiration of every twelve years the treasurer of said 
 corporation shall make and exhibit under oath to the legisla- 
 
86 
 
 Act of March 
 IT, 1831. 
 
 To carry U. S. 
 mail. 
 
 BOSTON AND MAINE RAILROAD. 
 
 ture, of the net profits derived from the income of said rail- 
 road. 
 
 Sect. 17. That an act entitled "an act concerning corpora- 
 tions" 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. 18. That the said corporation shall at all times, when 
 the postmaster-general shall require it, be holdcn to transport 
 the mail of the United States from and to such place or places 
 on said road as required, for a fair and reasonable compensa- 
 tion. And in case the corporation and the postmaster general 
 shall be unable to agree upon the compensation aforesaid, the 
 legislature of the State shall determine, the same. Approved 
 March 30, 1836. 
 
 Time extended. 
 
 LAWS OF 1839, CHAP. 533. 
 
 An act additional to an act to establish the Maine, New Hampshire and 
 Massachusetts Railroad Corporation. 
 
 Be it enacted, c&c. That the time for doing and performing 
 certain act, matters, and things mentioned in the thirteenth 
 section of the act to which this is additional, passed on the 
 thirtieth day of March, eighteen hundred and thirty-six, be 
 and the same is hereby extended for the term of four years 
 from and after the expiration of the time mentioned in said 
 thirteenth section ; and the time for completing said railroad, 
 as mentioned in said thirteenth section, is hereby extended to 
 the thirty-first day of December, in the year of our Lord one 
 thousand eight hundred and fifty. Approved March 12, 
 1839. 
 
 LAWS OF 1841, CHAP. 145. 
 
 An act in addition to "an act to establish the Maine, New Hampshiw 
 Jtnd Massachusetts Railroad Corporation." 
 
 Be it enacted, &c. Sect. 1. That the Maine, New Hamp- 
 
 change of loca- shire and Massachusetts Kailroad Corporation, are hereby 
 
 authorized and empowered to construct and complete a rail- 
 
roads. 
 
 BOSTON AND MAINE RAILROAD, 87 
 
 road, commencing at Somersworth,in the State of New Hamp- 
 shire, at the line that divides the State of Maine from the 
 State of New Hampshire, so as to connect with the Boston and 
 Maine Railroad, in New Hampshire ; thence extending through 
 the towns of Berwick and South Berwick, and thence north- 
 easterly on the most convenient ground, till it intersects the 
 line described in the act to which this is in addition. 
 
 Sect. 2. That for the proper construction of said road, this 
 corporation shall have all the rights, powers, and privileges, powers.' 
 and be subject to aU the duties, and the State shall have all 
 the rights, in respect to the road hereby authorized to be made, 
 which exist in the act to which this is in addition. 
 
 Sect. 3. That the said corporation are hereby authorized to 
 
 , . . T ., -, . 1 .11 .11 ^^y connect 
 
 connect their said railroad with any other railroad or raiu-oads, with other 
 at any point or points of intersection, on the route of their 
 said railroad, as provided in the charters of the said railroads 
 respectively ; and shall be entitled to all the privileges, in the 
 transportation of persons, goods, and property of aU descrip- 
 tions, which are provided in such cases, in their respective 
 charters, but not intending to give to either corporation the 
 right of running their locomotive on the track of the other. 
 
 Sect. 4. That the said corporation shall be allowed three 
 years, from the time of the passage of this act, for the actual 
 survey and location of the route of said road, and the filing 
 of the same with the county commissioners, in the counties 
 through which the same shall pass ; and six years for the com- 
 pletion of the same. Approved April 2, 1841. 
 
 LAWS OF 1843, CHAP. 108. 
 
 An act to unite the Maine, New Hampshire and Massachusetts Railroad 
 Corporation, with the Boston and Maine Railroad. 
 
 Jie it enacted, <&c. Sect. 1. The stockholders of the Maine, 
 New Hampshire, and Massachusetts Railroad Corporation are „^^ f m n 
 hereby constituted stockholders of the Boston and Maine Rail- h. & Mass. r. 
 road, a body corporate and politic duly constituted and existing 
 under and by virtue of the laws of the States of New Hamp- 
 shire and Massachusetts : and the stockholders of said Boston 
 
 Time of survey. 
 
88 
 
 BOSTON AND MAINE EAILROAD. 
 
 Birector in this 
 State. 
 
 Accounts. 
 
 Liabilities. 
 
 When to take 
 effect. 
 
 and Maine Kaili-oad are hereby constituted stockholders of 
 the said Maine, New Hampshire and Massachusetts Kailroad 
 Corporation, and the said two corporations are hereby made 
 one corporation, by the name of the Boston and Maine Rail- 
 road ; and all the franchises, property, powers, and privileges 
 granted or acquired under the authority of the said States re- 
 spectively, shall be held and enjoyed by all the said stockhold- 
 ers in proportion to the number of shares, or amount of pro- 
 perty held by them respectively, in either or both of said 
 corporations. 
 
 Sect.- 2. One or more of the directors or other officers of said 
 Boston and Maine Railroad shall at all times, be an inhabitant 
 of this State, on whom process 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 
 returnable. 
 
 Sect. 3. The said company shall keep separate accounts of 
 their expenditures in Maine, New Hampshire and Massachu- 
 setts, respectively ; and three commissioners shall be appoint- 
 ed, 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 expendi- 
 tures of said company, and of its receipts and profits properly 
 pertain to that part of the road lying in Maine, New Hamp- 
 shire and Masaachusetts, respectively ; and the annual report, 
 required to be made by the directors to the legislatm-e of this 
 State, shall be approved by the said commissioners. 
 
 Sect. 4. The said company and the stockholders therein, so 
 far as their road is situated in Maine, shall be subject to all 
 the duties and liabilities of the Maine, New Hampshire and 
 Massachusetts Railroad Corporation, and the general laws of 
 this State regulating corporations. 
 
 Sect. 5. This act shaU not take effect until the same, and 
 also an act of the legislature of New Hampshire and Massachu- 
 setts, respectively, authoi-izing the union of the said corpora- 
 tions shall have been accepted by the stockholders of the said 
 two corporations respectively, at legal meetings called for that 
 purpose. Ap;proved March 22, 1843. 
 
BOSTON AND MAINE RAILROAD. 89 
 
 LAWS OF 1844, CHAP. 152. 
 
 An act in addition to "an act to unite the Maine, New Hampshire and 
 Massachusetts Railroad Corporation with the Boston and Maine Railroad. 
 
 Be it enacted, &c. Sect. 1. Nothing contained in the act to 
 which this is additional, is intended, or shall be so construed 
 as to subject the said united corporations to any other duties. Explanatory, 
 liabilities, or laws, than such as the said Maine, New Hamp- 
 shire and Massachusetts Railroad Corporation might have 
 been subjected to, in case the said act, to which this is in ad- 
 dition, had not passed. 
 
 Sect. 2. This act, when accepted by the said corporation, 
 shall be considered part and parcel of the said act of union, 
 and one of the terms and conditions thereof. Approved Feb- 
 ruary, 29, 1844. 
 
 LAWS OP 1846, CHAP. 340. 
 
 An act to unite the Boston and Maine Railroad Extension Company with 
 the Boston and Maine Railroad. 
 
 Be it enacted, &c. The Boston and Maine Kailroad Ex- 
 tension Company, a corporation organized under the common- 
 
 ^ ■" ^ ° Union author- 
 
 wealth of Massachusetts, is hereby united to the Boston and ized. 
 
 Maine Railroad, and 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 privi- 
 leges granted to or acquired by the said Boston and Maine 
 Railroad Extension Company, shall be held and enjoyed 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 
 originally granted or acquired by the said Boston and Maine 
 Railroad ; and all the duties and liabilities of said extension 
 company shall appertain to and be performed by the said 
 Boston and Maine Railroad. Approved Jw^y 16, 1846. 
 
 LAWS OF 1869, CHAP. 40. 
 
 An act establishing the amount of the capital stock of the Boston and 
 Maine Railroad, and giving consent to the acts of Massachusetts relat- 
 ing to said road. 
 
 6 
 
90 
 
 BOSTON AND MAINE RAILROAD. 
 
 Capital stock 
 established. 
 
 Consent given 
 f.o certain acts. 
 
 Be it enacted, c&c. Sect. 1. The capital stock of the Bos- 
 ton and Maine E,aih"oad is hereby established at five millions 
 of dollars, consisting of fifty thousand shares of one hundred 
 dollars each, that the shares already issued being forty-five 
 thousand are hereby sanctioned, and that the residue, being 
 forty-five hundred, shall be issued at not less than the par 
 value thereof, under the direction of the stockholders of said 
 corporation. 
 
 Sect. 2. Consent is hereby given to the several acts of 
 the legislature of Massachusetts, respecting said Boston and 
 Maine Railroad, authorizing changes in its location, the build- 
 ing of branches, defining its relations with connecting rail- 
 roads and other matters relative to said corporation, all which 
 changes, connections and relations are within the State of 
 Massachusetts. 
 
 Sect. 3. This act shall take efiect when approved. Ap- 
 proved February 11, 1869. 
 
 LAWS OF 1869, CHAP. 103. 
 
 An act amending the act establishing the amovmt of the capital stock of 
 the Boston and Maine Railroad. 
 
 Capital stock 
 established. 
 
 Be it enacted, c&c. Sect. 1. The act establishing the 
 amount of the capital stock of the Boston and Maine Kail- 
 road, approved February eleventh, eighteen hundred and sixty- 
 nine, is hereby amended by inserting after the words "the 
 shares already issued being forty-five thousand," in the fourth 
 line of section one, the words, 'five hundred,' so that said por- 
 tion of the sentence shall read : 'the shares already issued being 
 forty-five thousand five hundred.' 
 
 Sect. 2. This act shall take effect when approved. A'p- 
 proved February 17, 1869. 
 
 LAWS OF 1871, CHAP. 630. 
 An act for the extension of the Boston and Maine Railroad. 
 
 Be it enacted, due. Sect. 1. The Boston and Maine Rail- 
 
 Extension of 
 
 roailanthor- 
 
 ized. road, a corporation existmg under authority of law, is hereby 
 
BOSTON AND MAINE EAILEOAD. 91 
 
 authorized to extend its railroad from some convenient point 
 on its present road in Berwick or South Berwick within this ^''"'«- 
 State, thence through the towns of South' Berwiclt, North 
 Berwick if necessary, Wells, Kennebunk, Kennebunkport, 
 Biddeford, Saco, Scarborough, and Cape Elizabeth, to some 
 convenient point in the city of Portland ; to locate, con- 
 struct, maintain and operate such extended road, with all the 
 rights, powers, privileges, and immimities in respect thereto of Powers, privi- 
 similar railroad corporations under the laws of this State, and ^n^ liabumes. 
 subject to like liabilities and duties. 
 
 Sect. 2. Said corporation is authorized to increase its 
 capital stock by a sum not exceeding two millions of dollars inc^ease^of" ' 
 over and above the amount of its capital heretofore authorized; authorized, 
 and to divide the same into shares and issue its stock for such 
 amount thereof as shall be found necessary to construct said 
 extended road. 
 
 Sect. 3. It shall be the duty of said corporation, to make Survey of line 
 a survey of the line of said extended road within one year, ^[^^^00* 
 and to complete the same so that cars can run thereon, within year; and road 
 
 , ^ , to be completed 
 
 three years, and if it shall fail to do either within the time within three 
 thus designated, this act shall become void. 
 
 Sect. 4. This act shall take effect when, approved. Ap- 
 proved February 17, 1871. 
 
 LAWS OF 1873, CHAP. 222. 
 
 An act to confirm the location of the railroad of the Boston and Maine 
 Railroad through the towns of Berwick and North Berwick, subject to 
 certain restriction. 
 
 Beit enacted, <&c. Sect. 1. The location of the railroad of 
 the Boston and Maine Railroad, a corporation chartered by the Location con- 
 laws of this State, from Berwick and thence through North Ber- 
 wick, as heretofore filed with the county commissioners of York 
 county, and as said railroad has been constructed, is hereby 
 confirmed and made valid, subject to the provisions of this act 
 as hereinafter stated. And said corporation is allowed until 
 the first day of August, in the year of our Lord one thousand 
 eight hundred and seventy-three, to make and file, as required 
 
 years. 
 
 firmed. 
 
92 
 
 BOSTON AND MAINE RAILKOAD. 
 
 Amendment to bv law, ail amendment to its former location, so as to make 
 former location. ^.^^ game conform to its railroad as now constnicted ; provided 
 Proviso. nevertheless, that it shall not be lawful, and it is hereby for- 
 
 bidden to construct, maintain or use any track across the high- 
 way known as Main street at North Berwick village, other than 
 the one now constructed, the same being one hundred and 
 seventy-two feet from the present passenger depot of the Port- 
 land, Saeo and Portsmouth Railroad Company at that place, 
 and a side track the southerly rail of which shall not be nearer 
 the depot of the said Portland, Saco and Portsmouth Railroad 
 Company than one hundred and fifty-eight feet. 
 
 Sect. 2. And it is further provided that it shall not be ■ 
 lawful for said corporation, and it is hereby forbidden, to con- 
 struct, maintain or use any depot or way station easterly of 
 said highway at North Berwick village, nor within seven hun- 
 dred feet of the westerly side thereof. 
 
 Sect. 3. It shall not be lawful for said corporation to ob- 
 travei, penalty struct the travel upon said highway, by allowing any engine or 
 *"■• car to stand thereon, under a penalty of one hundred dollars, 
 
 to be recovered by indictment, for every such offence. 
 
 Sect. 4. Nothing in this act shall affect in any way the 
 rights of parties to suits now pending, to recover costs. 
 
 Sect. 5. This act shall take effect when approved. Ap- 
 proved February 1, 1873. 
 
 Location of 
 depot at North 
 Berwick. 
 
 Suits now pend. 
 ing, not affect- 
 ed. 
 
BOSTON AND MAINE RAILKOAD, 93 
 
 CONTRACT 
 
 Of the Boston & Maine Railroad with the Maine Central 
 Railroad. 
 
 This agreement, made and concluded this twenty-eighth day of Decem- 
 ber, A. D. 1874, by and between the Maine Central Eailroad Company, a 
 corporation established under the laws of the State of Maine, party of 
 the first part, and the Boston and Maine Eailroad, a corporation estab- 
 lished under the laws of Massachusetts, New Hampshire and Maine, party 
 of the second part, witnesseth: 
 
 Said parties, in order so far as possible to promote the public interest 
 and their own, by prOTiding for the public accommodation at the least 
 expense, do each, in consideration thereof, and of the execution of this 
 indenture by .the other, agree with each other as follows : 
 
 Abticle 1. Each corporation hereby agrees with the other, to connect 
 the rails of one corporation with the rails of the other corporation, forth- 
 with and at their joint expense, in the city of Portland in the State of 
 Maine, at the point heretofore designated by the party of the second part 
 to the party of the first part, near the transfer station of said party of the 
 second part, in said Portland, where the branch track of said second 
 party terminates, and the parties hereto agree to make any other connec- 
 tion of their tracks in the future, which the connecting business may 
 require. 
 
 Abt. 2. For the purpose of defining and determining what shall be un- 
 derstood by the term "connecting business" and by the term "pro rata," 
 wherever either or both said terms shaU appear in this contract, it is here- 
 by agreed between said parties that "connecting business" shall mean 
 all business coming from the road of one party on to the road of the other 
 party, whether the same be passengers or freight, and whether the same 
 pass over the whole or any part of the roads of the parties hereto, or any 
 branches of the same, or any roads leased or operated by the said parties. 
 By the term "pro rata," whenever the same occurs in this contract, it 
 shall be understood to mean such a division of the through rate for both 
 passengers and merchandise, as shall give to each of the parties hereto, 
 such a sum of money as the distance, either of said parties transport said 
 passengers or merchandise on its own road or branches, bears to the 
 whole distance, said passengers and merchandise shall be carried on or 
 over the roads of both the parties hereto. 
 
 Abt. 3. Each party hereto upon its respective road, and upon any it may 
 control and operate, over which any of the connecting business referred 
 to in this contract is transported, shall furnish suitable depot accommo- 
 dations for said business, shall furnish and sell all tickets, and check all 
 baggage for passengers going from any point on the road of one party to 
 any point on the road of the other party, and all such tickets furnished 
 
94 BOSTON AND MAINE RAILEOAD. 
 
 a 
 
 and sold by the party of the first part, shall be good over either the Bos- 
 ton and Maine Bailroad, or over the Eastern Railroad, to all points reached 
 by both said Boston and Maine and Eastern Railroads, and no other than 
 tickets thus marked and designated shall be sold by the party of the first 
 part to any point of competition, or reached by said Boston and Maine 
 and Eastern Railroads; shall receive, load, and -way-bill all goods and 
 merchandise offered for transportation, and collect all charges thereon, 
 and do all things necessary at their respective depots that may be required 
 for the proper transaction of said business, and said first party shall allow 
 the business in both passengers and freight, coming from the road of the 
 first party, to pass over either of the roads leading from Portland to Bos- 
 ton, or other points of competition common to said last named roads, 
 and all such business of both passengers and freight shall be left free to 
 take either line west of Portland without influence from the first party 
 herein named. 
 
 Akt. 4. The rates of transporting all connecting business referred to in 
 this contract, shall be established and fixed from time to time by the party 
 of the first part; provided, however, that when it is necessary to carry 
 freight at a less rate than is provided for in this contract in order to 
 secure it, the discount or reduction shall be borne by the parties hereto 
 pro rata, and the parties hereto shall fix the rates from time to time for 
 such freight. 
 
 Art. 5. Through trains for passengers shall be run between Boston and 
 Portland with dispatch, and in such numbers and at such hours as will 
 best accommodate the connecting business in passengers, and the same in 
 regard to merchandise. The passenger oars run for the connecting busi- 
 ness shall be in all respects first class. Suitable cars for the connecting 
 business in goods and merchandise shall be run through from one road on 
 to the other, and the party, owning said merchandise cars, shall be paid 
 for their use in the connecting business on the road of the other party, at 
 the rate of one and one-half cent per mile for the distance run. Merchan- 
 dise cars of the party of the first part, sent loaded to Boston and other 
 points upon the road of the party of the second part, shall be loaded with 
 goods and property in return when offered for transportation. 
 
 Abt. 6. For every connecting passenger transported by the party of the 
 second part, between Boston, Charlestown, Somerville or Maiden, and 
 Portland, said party of the second part shall receive out of the through 
 price of carriage, the sum of one dollar and fifty cents, which shall be in 
 full for all services and depot accommodations connected with said car- 
 riage, and the party of the first part shall receive the balance of said 
 through price. For every connecting passenger between any station 
 other than Boston, Charlestown, Somerville or Maiden, and Portland, 
 the through price of carriage shall be divided pj-o rata between the partiei 
 hereto. 
 
 For every ton of connecting goods and property, transported between 
 Boston, Charlestown, Somerville or Maiden, and Portland, the party of 
 the second part out of the through price, shall receive two dollars, which 
 shall be in full for all services connected with such carriage. And for 
 every ton of connecting goods or property carried between any other sta- 
 
BOSTON AND MAINE EAILEOAD. 95 
 
 tions than Boston, Charlestown, Somerville or Maiden, and Portland, the 
 party of the second part shall receive a pro rata share of the through 
 price, and the balance shall belong to the party of the first part. 
 
 Abt. 7. The parties hereto bind themselTes, each to the other, promptly 
 and with no unnecessary delay, to cause the merchandise cars received 
 from each other to be returned to each other when coming upon their 
 roads respectively, in the transportation of the connecting business, and 
 to see that such cars suffer no injury from careless or improper usage. 
 
 Should the merchandise oars received from one of the parties hereto, be 
 detained on the road of the other party for more than five days at one 
 time, the party thus detaining them shall pay for such detention, at the 
 rate of one dollar and fifty cents a day for every day in excess of five days ; 
 but neither party shall be holden responsible for the oars of the other 
 which may be consigned to stations on roads which are not named in this 
 contract. The cars of each party hereto, to be returned in like order as 
 received, ordinary wear and tear excepted. 
 
 Art. 8. All injuries to persons, or loss of or damage to, baggage, or 
 goods and property embraced in the joint business shall be paid for by the 
 party on whose road it may occur, and when the loss or damage cannot be 
 traced to either of the parties hereto, then it ghall be paid for by each in 
 the proportion it shares in the through price of carriage. 
 
 Abt. 9. Each of the parties hereto, shall be accountable for the prompt 
 collection of all the charges and dues connected with the transaction of 
 the connecting business upon its road, and accounts shall be kept by the 
 parties of said connecting business, and returns thereof made, each to 
 the other, and once in each month these accounts shall be settled, and the 
 balance due to one party from the other paid once a month. 
 
 Abt. 10. The party of the first part hereby agrees to use its influence to 
 protectjthe rates of the party of the second part, and in no event whatever, 
 will it permit any other person or persons, corporation or coi-porations, 
 transportation company or companies, to transport either persons or 
 property, passengers or merchandise in either direction, on or over any 
 part of the road of said first party at any less rates for said passengers or 
 merchandise than it charges said second pai'ty for carrying the passengers 
 and merchandise of said second party. And the party of the second part 
 hereby agrees to make the rates for passengers and merchandise from all 
 points competing with the party of the first part, whether the same be by 
 land or water, as low as said second party makes or names to any other 
 party, corporation, or transportation company, that is to say, said second 
 party shall in no event whatever, name a rate from any point on the Une 
 of the first party, to any point on the line of the second party, to any 
 other or third party, at less than the rate named between the same 
 points by said first party, it being the intent and meaning of the parties 
 hereto, to protect each other in all rates of fare and freight, so far as 
 they legally can. 
 
 It is further agreed that neither party hereto will carry freight or pas- 
 sengers, in connection with any other party between competing points, at 
 rates that will enable any other party to carry at a less price, than the 
 parties hereto carry freight or passengers between said competing points. 
 
96 BOSTON AND MAINE RAILROAD. 
 
 Abt. 11. Should any disagreement arise between the parties hereto, in 
 regard to the true intent and meaning of any of the provisions of this 
 contract, or whether or not either of the parties fa.irly carry out its pro- 
 visions, or whether or not either of the parties has done any act, or cre- 
 ated any competition with the business of the other, as provided against 
 in this contract, the parties hereto agree to refer such matters to three 
 impartial and disinterested arbitrators, one to be selected by each of the 
 parties hereto, and the third by the two so selected, and who, after hear- 
 ing the parties, shall make their decision, and it shall be final and binding 
 upon the parties hereto. 
 
 AjtT. 12. This contract shall commence and take effect from the date of 
 its execution by the parties, and continue in force for the term of five 
 years and thereafter, until one party shall give to the other one year's 
 notice of its desire to terminate it. 
 
 In witness whereof the said Maine Central Railroad Company has 
 caused these presents to be signed by its committee thereto authorized, 
 and said Boston and Maine Railroad has caused these presents to be 
 signed by its president thereto authorized, the day and year first above 
 written. 
 
 BOSTON & MAINE RAILROAD, 
 Witness: By N. G. WHITE, 
 
 Edwxn Notes. Presidmt 
 
 Witness: GEO. L. WARD, ) Committee of 
 
 J. B. BROWN, i Maine Central 
 EDwnf Notes. J. P. COOK. ) R. B. Co. 
 
 A true copy of record, 
 
 Attest, 
 
 JOSIAH H. DRUMMOND, 
 
 Clerk M. C. B. B. Co, 
 
BUCKSPORT AND BAKGOE RAILROAD CO. 97 
 
 BUCKSPORT AND BANGOR RAILROAD CO. 
 
 Corporators. 
 
 This is a new road, extending from Bucksport to Brewer on the east 
 side of the Penobscot river, and there crossing the river to a connection 
 with the E. & N. A. E. in Bangor. Its length is eighteen miles. It is 
 not finished, but the European road, to which it is leased for five years 
 under a business contract, have commenced to run trains over it. 
 
 This company was chartered under the name of the Penobscot and 
 Union River Railroad Company. 
 
 LAWS OF 1870, CHAP. 395. 
 An act to incorporate the Penobscot and Union River Railroad Company. 
 
 Be it enacted, dec. Sect. 1. Seth Tisdale, A. F. Drink- 
 water, N. K. Sawyer, Monroe Young, D. H. Eppes, John D. 
 Hopkins, H. M. Hall, Barlow Hall, junior, Sewall B. Swazey, 
 Ambrose White, J. L. Buck, N. T. Hill, Alonzo Colby, S. P. 
 Hall, T. C Woodman, Edward Swazey, George L. Bradley, 
 James Emery, A. P. Emerson, John Buck, Isaac Partridge, 
 John A. Buck, Charles Newcomb, Micajah Currier, Solomon 
 Phipps, M. F. Eldridge, W. E. Covell, Thomas B. George, ' 
 Daniel Sargent, second, R. K. Cushing, George O. Goodwin, 
 A. S. Meservey, John Tibbetts, A. C. Wilson, Jesse Hiuks, 
 D. B. Doane, J. S. Paine, Calvin Kent, Alpheus Robinson, 
 A. T. Parker, J. W. Palmer, Eben Blunt, John L. Cutler, ' ' 
 Davis R. Stockwell, E. H. Rollins, J. O. B. Darling, A. D. 
 Manson, Samuel Wasson, Philip J. Milliken, Samuel Merrill, 
 Elisha Bowden, Isaac B. Goodwin, Joseph T. Hinkley, their 
 associates, sftccessors and assigns, are hereby made and con- 
 stituted a body politic and corporate by the name of the Pen- 
 obscot and Union River Railroad Company, and by this name Corporate 
 
 ^ '' name. 
 
 may sue and be sued, plead and be impleaded, and shall have 
 and enjoy all proper remedies at law and in equity to secure 
 and protect them in the exercise and use of the rights and ^'sij's ana 
 
 *^ c> pnvilegcB. 
 
 privileges, and in the performance of the duties hereinafter 
 
98 
 
 BUCKSPOET AND BANGOR RAILROAD CO. 
 
 Authorized to 
 locate and con- 
 struct railroad, 
 with one or 
 more sets of 
 rails or tracks, 
 &c. 
 
 Route. 
 
 May take land 
 and real estate 
 necessary for 
 location. 
 
 Damages, how 
 \ ascertained, 
 
 Application for 
 damages to be 
 made in three 
 years. 
 
 granted and enjoined, and to prevent all invasions thereof, or 
 interruptions in exercising and performing the same; and the^ 
 said corporation is hereby authorized and empowered to locate, 
 construct and finally complete, alter and keep in repair a rail- 
 road, with one or more sets of rails or tracks, with all suitable 
 bridges, tunnels, viaducts, turnouts, culverts, drains and all 
 other necessary appendages, from some point in the city of 
 Bangor, so as to connect with any railroad in said city, and 
 thence to some point above the Bangor and Brewer toll bridge, 
 crossing the Penobscot river to Brewer throvigli Orrington to 
 Bucksport village, and thence by way of Orland, Penobscot 
 and Surry, to some point in Ellsworth, in the county of Han- 
 cock; and for this ]jurpose said corporation shall have the 
 right to purchase, or to take and hold so much of the land 
 and the real estate of private persons and corporations as may 
 be necessary for the location, construction and convenient 
 operation of said railroad and necessary branches ; and they 
 shall also have the right to take, remove and use for the con- 
 struction and repair of said railroad and appurtenances, any 
 earth, gravel, stone, timber or other materials, on or from the 
 land so taken ; provided however, this said land so taken 
 shall not exceed six rods in width, except where greater width 
 is necessary for the purposes 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 upon, and in case said parties shall not other- 
 wise agree, the said corporation shall pay such damages as 
 shall be ascertained and determined by the county commission- 
 ers 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 provided in the case'of damages 
 by the laying out of highways ; and the land so taken by said 
 corporation shall be held as lands taken and appropriated for 
 highways. And no application to said commissioners to esti- 
 mate said damages shall be sustained unless made within three 
 years from the time of taking such land or other property ; 
 and in case such railroad shall pass through any woodland or 
 
BUCKSPORT AND BANGOR RAILROAD CO. 99 
 
 forests, the said company shall have a right to fell or remove 
 
 any trees standing therein within four rods of such road, which ^^^/^^-^^^ 
 
 by their liability to be blown down or from their natural fall- four rods of 
 
 .,,,.. . . . , ., 1, . ., road,if liable to 
 
 mg, might obstruct or impair said railroad, by paying a just fan and obstruct 
 compensation therefor, to be recovered in the same manner as ^"'^• 
 provided for the recovery of other damages in this act. 
 
 Sect. 2. The capital stock of said corporation shall consist 
 of not less than one thousand nor more than twelve thousand capital stock 
 shares of one hundred dollars each, and the immediate govern- *" * *"^' 
 ment and direction of the affairs of said corporation shall be 
 vested in seven directors, who shall be chosen by the members Directors, how 
 of said corporation in the manner hereinafter provided, and "'"'^™> *'^- 
 shall hold their office until others shall have been duly elected Tenure of ofSce. 
 and qualified to take their place, a majority of whom shall form 
 a quorum for the transaction of business, and they shall elect 
 one of their number to be 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 treasurer who shall be officers and 
 sworn and also give bonds to the corporation with sureties to their bonds, 
 the satisfaction of the directors, in a sum not less than ten 
 thousand 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 subscription 
 the first section of this act, at such times as they may deter- ^°°^l' ^^'^ 
 
 ' «' •■' and by wnom 
 
 mine, in the cities of Bangor and Ellsworth, and in the town opened, 
 of Bucksport, and elsewhere as they shall appoint, to remain 
 open for such a time as they shall direct, of which time and 
 place of subscription publicnotice shall be given in a newspaper 
 printed in the counties of Penobscot and Hancock, ten days 
 before the opening of such subscriptions ; and any seven of 
 the persons named in the first section of this act are hereby 
 authorized t(5 call the first meeting of said corporation, for the First meeting, 
 choice of directors and organization, by giving notice in the '''"'<'*"'^- 
 newspapers published as before named, of the time and place 
 and the purposes of such meeting, at least fourteen days before 
 the time mentioned in such notice. 
 
 Sect. 3. When said corporation shall take any land or other 
 estate, as aforesaid, of any infant, person non compos mentis. 
 
100 
 
 BUCKSPOET AND BANGOR RAILROAD CO. 
 
 Guardian may 
 settle damages 
 for certain per- 
 
 President and 
 directors, pow- 
 ers of. 
 
 Assessments, 
 notice of. 
 
 Neglect to pay, 
 shares may be 
 £old by auction. 
 
 ■ Overplus, how 
 disposed of 
 
 .BroviBO. 
 
 or feme covert, whose husband 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 corpora- 
 tion for damages or claims for damages by reasons of taking 
 such land and estate as aforesaid, and give good and valid 
 releases and discharges therefor. 
 
 Sect. 4. The president and directors for the time being ai-e 
 hereby authorized and empowered by themselves or their 
 agents, to exercise all the powers herein granted to the cor- 
 poration for the purposes of locating, construe ting and com- 
 pleting said railroad and branches necessary, and for the trans- 
 portation of persons, goods and property of all descriptions, 
 and all such powers and authority for the management 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 assessment from time to time 
 on all the shares in said corporation as they may deem expedi- 
 ent and necessary in the execution and progress of the work, 
 and direct the same to be paid to the treasurer of this corpora- 
 tion. And the treasurer shall give notice of all such assess- 
 ments ; 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 or shall be prescribed by 
 the by-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 pur- 
 chaser, and such delinquent subscriber or stockholder shall he 
 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 en- 
 titled to the overplus, if his share or shares sell for more than 
 the assessments due with interest and costs of sale ; provided 
 however, that no assessment shall be laid upon any shares, in 
 
BTJCKSPOET AND BANGOR RAILROAD CO. 101 
 
 said corporation of a greater amount in the whole than one 
 hundred dollars. 
 
 Sect. 5. A toll is hereby granted and established for the 
 sole benefit of said corporation, upon all passengers and prop- ""^o" granted, 
 erty of all descriptions which may be conveyed or transported 
 by them upon said road, at such rates 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 Transportation 
 construction of wheels, the form of cars and carriages, the Btructton of '"'' 
 rights of roads, and all matters and things in relation to said wheels, form of 
 road shall be in conformity with such rules, regulations and 
 provisions, as the directors shall from time to time prescribe 
 and direct. 
 
 Sect. 6. The legislature may authorize any other company connectionB 
 or companies to connect any other railroad or raih-oads with with other com- 
 
 , , , . panics, legisla- 
 
 the railroad of said corporation, at any point on the route of turemayau- 
 said railroad. And said corporation shall receive and trans- * '"^^^' 
 port all persons, goods and property of all descriptions, which 
 may be carried and transported to the railroad of said corpor- 
 ation, on such other railroads as may be hereafter authorized 
 to be connected therewith, at the same rates of toll and freight 
 as may be prescribed by said corporation, so that the rates of 
 freight and toll of such passengers and goods and other prop- ^^'^^ "^ •""• 
 erty as may be received from such other railroads so connected 
 with said road as aforesaid, shall not exceed the general rates 
 of freight and toll on said railroad, received for freight and 
 passengers at any of the deposits of said corporation. 
 
 Sect. 7. If said railroad, in the course thereof, shall cross 
 any private way, the said corporation shall so construct said I'rivatewayB 
 
 ■; ^ •' , » and highways, 
 
 railroad as not to obstruct the safe and convenient use of such not to be 
 
 private way ; and if said railroad shall, in the course thereof, "''**™''**''- 
 
 cross any canal, railroad, or the highway, the said railroad shall 
 
 be so constructed as not to obstruct the safe and convenient uses 
 
 of such canal or highway ; and the said corporation shall have i 
 
 power to raise or lower such highway or private way, so that 
 
 the said railroad, if necessary, may conveniently pass over or 
 
 under the same, and erect such gate or gates thereon as may 
 
 be necessary for the safety of travellers on said raib'oad, high- 
 
102 
 
 BUCKSPOET AND BANGOR RAILROAD CO. 
 
 Fences. 
 
 U. S. mail, 
 
 transportation 
 
 of. 
 
 Compensation 
 in case of disa- 
 greement, how 
 determined. 
 
 Facilities for 
 transportation 
 of articles, &c. 
 
 Lien, 
 
 Duties and obli- 
 gations. 
 
 Proviso. 
 
 Malicious inju- 
 ry to corporate 
 property. 
 
 way or private way, and shall keep all bridges and embank- 
 ments necessary for the same in good repair. 
 
 Sect. 8. Said railroad corporation shall erect and main- 
 tain 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, or lands that may be here- 
 after improved. 
 
 Sect. 9. The said corporation shall at all times, when the 
 postmaster general shall require it, be liolden to transport the 
 mail of the United States from and to such place or places on 
 said road as may be required, for a fair and reasonable com- 
 pensation ; and in case the corporation and the postmaster 
 general shall be unable to agree upon the compensation afore- 
 said, the legislature of the State shall determine the same; 
 and the said corporation, after they shall commence the receiv- 
 ing of tolls, shall be bound at all times to have said railroad in 
 good repair, and a sufficient number of suitable engines, car- 
 riages and vehicles for transportation of persons and articles, 
 and be obliged to receive at all proper times and places, and 
 carry 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, and said corporation fulfilling on its 
 part all and sing ular the several obligations and duties by this 
 section imposed and enjoined upon it, shall not be held or 
 bound to allow any engine, locomotive, cars, carriages or other 
 vehicle, for the transportation of persons or merchandise, to 
 pass over said railroad, other than its own, furnished and pro- 
 vided for that purpose, as herein enj oined and required ; "pro- 
 vided however, that said corporation shall be under obligation 
 to transport over said road the passenger and other cars of 
 any other incorpor ated company that may hereafter construct 
 a railroad connecting with that hereby authorized, such other 
 company being subject to all the provisions of the fifth and 
 sixth sections of this act, as to rates of toll and aU other par- 
 ticulars enumerated in said sections. 
 
 Sect. 10. If any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of any car- 
 riages on such railroad, or in any way spoil, injure or destroy 
 
Penalties. 
 
 BUCKSPOKT AND BANGOR RAILROAD CO. 103 
 
 said raikoad or any part thereof, or anything belonging thereto, 
 or any materials or implements to be employed in the con- 
 struction of, or for the use of said road, he, she or they, or 
 any person or persons assisting, aiding or abetting such tres- 
 pass, shall forfeit and pay to said corporation, for every such 
 oftence, ti;eble 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 corporation ; and 
 such offender or offenders shall be liable to indictment by the 
 grand jury of the county within which trespass shall have been 
 committed, for any offence or offences contrary to the above 
 provisions ; and upon conviction thereof before any court com- 
 petent to try the same, shall pay a fine not exceeding five hun- 
 dred dollars to the use of the State, or may be imprisoned for 
 a term not exceeding five years, at the discretion of the court 
 before whom such conviction may be had . 
 
 Sect. 11. Said corporation shall keep in a book for that ^. ^ 
 
 ^ t DisburBements 
 
 purpose, a regular account of all their disbursements, expendi^ and expendi- 
 tures and receipts, 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 axithorized by the legislature, and 
 at the expiration of every year the treasurer of said corpora- 
 tion shall make an exhibit, under oath, to the legislature of 
 the profits derived from the income of said railroad. 
 
 Sect. 12. All real estate purchased by said corporation _ 
 
 ^ J r Tax on corpor- 
 
 for the use of the same under the fourth section of this act, ate property. 
 
 shall be taxable to said corporation by the several cities, towns 
 
 and plantations in which said land lies, in the same manner 
 
 as lands owned by private persons, and shall in the valuation 
 
 list be estimated the same as other adjacent lands of the same 
 
 quality in such city, town or plantation, and not otherwise ; 
 
 and the shares owned by the respective stockholders shall be 
 
 Shares deemed 
 
 deemed personal estate and be taxable as such to the owners personal estate, 
 thereof in the places where they reside and have their homes, such. 
 And whenever the net income of said corporation shall have 
 amounted to ten per centum per annum upon the cost of the 
 
104 
 
 BUCKSPORT AND BANGOK RAILROAD CO. 
 
 Income, and re- 
 port to legisla- 
 ture. 
 
 State may 
 maintain an ac- 
 tion to recover 
 excess over ten 
 per cent. 
 
 Annual meet- 
 ings. 
 
 Directors, 
 cboice of. 
 
 Special meet- 
 ings may be 
 called by di- 
 rectors. 
 
 XjCgislature 
 may inquire 
 into doings of 
 corporation. 
 
 Oigaaization, 
 loeation, &c., 
 when to be 
 made. 
 
 road and its appendages and incidental expenses, the directors 
 shall make a special report of the fact to the legislature, from 
 and after which time, one moiety, or such other portion as the 
 legislature may from time to time determine, of the net in- 
 come of said railroad, accruing thereafter over and above ten 
 per centum per annum fij-st to be paid to the stockholders, 
 shall annually be paid over to the treasurer of said corpora- 
 tion, as a tax in the treasury of the State, for the use of the 
 State ; and the State may have and maintain an action 
 against said corporation therefor, to recover the same ; but no 
 other tax than herein is provided shall ever be levied or as- 
 sessed on said corporation or any of their privileges or fran- 
 chises. 
 
 Sect. 13. The annual meeting of the members of said cor- 
 poration shall be holden on the first Monday in January, or 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall ap- 
 point, at which meeting the directors shall be chosen by ballot, 
 each proprietor by himself or proxy being entitled to as many 
 votes as he holds shares ; and the directors are hereby author- 
 ized 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. 14. The legislature shall at all times have the right 
 to inquire into the doings of the corporation, and into the man- 
 ner in which the privileges and franchises herein and hereby 
 granted may have been used and employed by said corpora- 
 tion, and to coi'rect and prevent all abuses of the same, and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion which may be necessary, more effectually to compel a 
 compliance with the provisions, liabilities and duties hereinbe- 
 fore set forth and enjoined, bnt not to impose any other or 
 further duties, liabilities or obligations. 
 
 Sect. 15. If the said corporation shall not have been organ- 
 ized, and the location, according to actual survey of the route, 
 filed with the county commissioners of the county through 
 which the same shall pass, on or before the first day of March, 
 in the year of our Lord one thousand eight hundred and seven- 
 
BTJCKSPOET AND BANGOE RAILROAD CO. 105 
 
 ty -three, or if the said corporation shall fail to complete at least 
 eighteen miles of said railroad on or before the first day of 
 March, in the year of our Lord one thousand eight hundred 
 and seventy-six, in either of the above mentioned cases, this 
 act shall be null and void. 
 
 Sect. 16. The corporation is hereby invested with power ^^tjjojj^ed to 
 to make coimeetions with any other road or roads, and on such connect witii 
 
 other roads. 
 
 terms as the members may deem expedient and proper ; and 
 it is hereby authorized to lease the road, either before or after 
 it shall have- been completed, on such terms and for such time 
 as the members at a meeting regxilarly called for that purpose 
 shall determine. I 
 
 Sect. 17. Other railroad companies now incorporated or 
 
 '■ 1.1 other railroad 
 
 hereafter to be incorporated in this State, shall have the right companiea may 
 to connect their railroads with the railroad of the Penobscot ^"u.^eiv.'b.^' 
 and Union River Railroad Company, in any town along the R- co. 
 line of its road ; and no discrimination in the rates of freight 
 or passengers shall be made by said company, nor by any party 
 who may operate its line of railway or any part thereof, be- 
 tween railroads having the right to connect with its raihroad 
 as aforesaid ; but all passengers and all freight coming from or paBeengers and 
 going to any other road having such right to connect, shall be ^^^sbt- 
 transported promptly and on terms alike favorable by said 
 company over its own road, or by any party operating the 
 same, and on terms as favorable as the like service is or shall 
 be performed for transportation commencing and terminating 
 on the line of railway of said company. 
 
 Sect. 18. This act shall take effect when approved. Ap- 
 proved March 1, 1870. 
 
 LAWS OF 1870, CHAP. 481. 
 
 An act to authorize certain towns and the city of Ellsworth to aid in the 
 construction of the Penobscot and Union River Railroad. 
 
 £e it enacted, die. Sect. 1. The towns of Bi-ewer, Orring- 
 
 ton, Bucksport, Orland, Penobscot, Surry and Bluehill, and ed, not exceed- 
 
 the city of Ellsworth, or so many of them as shall accept this ™^ **'!^" f®"^ 
 
 act, are severally authorized to loan their respective credits to Hon. 
 
 7 
 
106 
 
 BUCKSPOET AND BANGOR RAILEOAD CO. 
 
 Acceptance of 
 act, &c. 
 
 the Penobscot and Union River Eailroad Company, in aid of 
 the construction of their railroad, in amounts not exceeding 
 fifteen per cent, of the State valuation for the year eighteeii 
 hundred and seventy of said towns and city respectively, sub- 
 ject to the following terms and conditions. 
 
 Sect. 2. If this act shall be accepted as hereinafter pro- 
 vided, and said company shall within three years from its ap- 
 proval produce evidence satisfactory to the selectmen of the 
 towns and the mayor of the city, for the time being, that the 
 
 - sum of two hundred and twenty-five thousand dollars has 
 been subscribed and paid to the stock of said company and 
 expended or to be expended in the construction of their road 
 and the purchase of the right of way, exclusive of all stock 
 subscribed by said towns and city, then such fact shall be cer- 
 tified by the selectmen or mayor to the town or city treasurer, 
 and he shall forthwith issue to the directors of said company, 
 for the purpose of constructing and completing said road, the 
 scrip of said town or city, payable to the holders thereof, in 
 sums of one thousand doUars or less, as the parties may agree, 
 at such time as said town or city shall determine, not exceed- 
 ing thirty years from the date thereof, not to exceed the sum 
 of fifteen per cent, of the valuation of such town or city as 
 aforesaid, with coupons for interest attached, payable semi- 
 annually, all, both principal and interest, payable in Bangor, 
 Bucksport, Ellsworth, Portland and Boston, the same to be 
 signed by the town or city treasurer and countersigned by the 
 first selectman of the town or the mayor of the city issuing 
 said scrip. 
 
 Sect. 3. Concurrent with the delivery of said scrip as afore- 
 said, the president and directors of said company, in their 
 
 ' official capacity, shall execute and deliver to said town and 
 city treasurer the bond of said company in the penal sum of 
 nine hundred thousand dollars, payable to said towns and city 
 conditioned to save them harmless on account of the' issue 
 of the same. And shall also execute and deliver to said 
 treasurers the scrip of said company payable to the holders 
 thereof at the same time and for the same amount as the 
 scrip then issued by said treasurers to said company, with 
 
 Scrip, how 
 signed. 
 
 Delivery of 
 
Sale of scrip at 
 
 BUCKSPORT AND BANGOE EAILEOAD CO. 107 
 
 the like coupons attached, which scrip shall be held by said 
 towns and city as collateral security for the fulfillment of 
 the conditions of said bond ; and in default of any one of said 
 conditions, said towns and city may from time to time sell 
 said scrip or any portion thereof, at public auction, in the auction, 
 cities of Ellsworth, Bangor, Portland, Boston- or New York, 
 or the town of Bucksport, after sixty days notice in writing 
 to the president or one of the directors, or three of the stock- 
 holders of said company, naming therein the time and place 
 of sale, and the net proceeds thereof shall be endorsed on said 
 bond. 
 
 Sect. 4. The president and directors of said company are 
 hereby authorized, and it shall be their duty in their official 
 capacity, upon receipt of said scrip from said towns and city, officers to 
 and the delivery of their bond to said towns and city to secure «^«'="** 
 
 •' •' mortgage to 
 
 the payment of the same, to execute and deliver to said towns towns, 
 and city a mortgage of said railroad,- and of all the property 
 of said company, real and personal, which they then have, or 
 may subsequently acquire, together with their franchise with- 
 out prior incumbrance, which mortgage shall be signed by the 
 said president in his official capacity, and shall be executed ac- 
 cording to the laws of this State, and shall be in due legal 
 form, and shall contain apt and sufficient terms to secure to 
 said towns and city the fulfillment of all the conditions in said 
 bond contained ; and said mortgage so executed and delivered 
 and recorded in the registry of deeds for the counties of Pen- 
 obscot and Hancock, shall to all intents arid purposes be, and 
 the same is hereby declared to be a full and complete transfer 
 of said railroad, of all the property of said company, real and 
 personal, then or subsequently to be acquired, and of said 
 franchise, subject only to the conditions therein contained, any 
 law to the contrary notwithstanding. 
 
 Sect. 5. For the purpose of foreclosing said mortgage for j-oreciosnre f 
 conditions broken, it shall be sufficient for the selectmen of mortgage, 
 said towns and mayor of said city to give notice according to " ^ 
 
 the mode prescribed in the revised statutes for the foreclosure 
 of mortgages, by publication of notice thereof, which may be 
 published in a newspaper printed in Bangor and Ellsworth, 
 
108 BUCKSPORT AND BA2fG0B KAILROAD CO. 
 
 and a record thereof may be made within thirty days after the 
 date of the last publication in the registry of deeds for the 
 counties of Penobscot and Hancock, which publication and 
 records shall be sufficient for the purpose of such foreclosure. 
 Upon the expiration of three years from and after such pubB- 
 cation, if the conditions shall not within that time have been 
 fulfilled, the foreclosure shall be complete, and shall make the 
 title to said road and to all the property and franchises afore- 
 said, absolute in said towns and city- 
 
 Sect. 6. If the directors of said company shall at any time 
 Interest upon neglect or Omit to pay the interest which may become due 
 °°"^'r?eed'*° upon any portion of the scrip issued and delivered under the 
 tags incase of. provisions of this act, or to pay the principal as it shall become 
 due, or to comply with any of the conditions of said bond, the 
 said towns and city may take actual possession in the manner 
 hereinafter provided, of the whole of said railroad and of all 
 the property, real and personal, of the company and of the 
 franchise thereof, and may hold the same and apply the in- 
 come thereof to make up and supply such deficiency, and all 
 further deficiencies that may occur while the same are so held, 
 until such deficiencies shall be fully made up and discharged, 
 —notice and A written notice, signed by the selectmen and mayor and serv- 
 service o same. ^^ ^^pQj^ the president or treasurer or any director of the com- 
 ' pany, or if there be none such, upon any stockholder of the com- 
 pany, stating that the towns and city thereby take actual 
 possession of the whole line of the railroad, and of the proper- 
 ty and franchise of the company, shall be a sufficient actual 
 possession thereof, and shall be a legal transfer of all the same, 
 for the purposes aforesaid to the said towns and city, and shall 
 enable the towns and city to hold the same against any other 
 claims thereon until such purposes have been fully accom- 
 plished. 
 
 Sect. 7. All moneys received by or for the said raiboad 
 Moneys belong- Company, after notice as aforesaid, from any source whatever, 
 ing to road, how and by whomsoever the same may be received, shall belong to, 
 
 applied, u f ^ ^ 
 
 and be held for the use and benefit of the towns and city in 
 manner and for the purposes herein provided, and shall, after 
 notice given to persons receiving the same respectively, be by 
 
BUCKSPORT AND BANGOR RAILROAD CO. 109 
 
 them paid to the town and city treasurers, or some one of 
 them, which payment shall be an eifectual discharge from all 
 claims of the company therefor ; but if any person, without 
 such notice, shall make payment of moneys so received to the 
 treasurer of the company, such payment shall be a discharge 
 of all claims- of the towns and city therefor ; all moneys receiv- 
 ed by the treasurer of the company, after such notice, or in 
 his hands at the time such notice may be given, shall be by him 
 paid to the town and city treasurers or some oue of them, after 
 deducting the amount expended, or actually due for the run- 
 ning expenses of the road, for services of the oflScers of the 
 company, and for repairs necessary for conducting the ordinary 
 operations of the road. Such payments to the town or city Payments to be 
 
 ,,, , 1 , -in IT 1-1 niade monthly 
 
 treasurer shall be made at the end oi every calendar month, and and applied to 
 shall be by him applied to the payment of all the interest and pay™™* o*'™- 
 
 •z ^ ^ ^ '^ terest and pnn- 
 
 principal due as, aforesaid. And any person who shall pay or cipai. 
 apply any moneys received, as aforesaid, in any manner con- 
 trary to the foregoing provisions, shall be liable therefor, and 
 the same may be recovered in an action for money had and 
 received, in the name of the town and city treasurers, whose 
 duty it shall be to sue for the same, to be by them held and 
 applied as herein required. 
 
 Sect. 8. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the selectmen and mayor may ^^"^ '" ""1"'*^ 
 
 . . J J may be corn- 
 
 cause a suit in equity to be instituted in the name of the towns mencedtoen- 
 
 and city, in the supreme judicial court, in the county of Pen- righte"^"^" 
 obscot or Hancock, against said company, directors, or any 
 other person, as may be necessary for the purpose of discovery, 
 injunction, account, or other relief under the provisions of this 
 act ; and any judge of the court may issue a writ of injunction 
 or any other suitable process, on any such bill, in vacation or in 
 term time, with or without notice, and the court shall have jur- 
 isdiction of the subject matter of such bill, and shall have such 
 proceedings, and make such orders and decrees as may be 
 within the power, and according to the course of proceedings 
 of courts of equity, as the necessities of the case may require. 
 
 Sect. 9. If the said railroad company shall, after notice of 
 possession as aforesaid, neglect to choose directors thereof, or 
 
110 BUCKSPOET AND BANGOR EAILEOAD CO. 
 
 Neglect to ^^y other necessary officers, or none such shall be found, the 
 or other neces- selectmen and mayor shall appoint a board of directors con- 
 iectm°^°and'*' sisting of not less than seven persons, or any other necessary 
 mayor shall officers, and the persons so appointed shall have all the power 
 and authority of officers chosen or appointed under the provis- 
 ions of the act establishing said company, and upon their ac- 
 ceptance such officers shall be subject to all the duties and 
 liabilities thereof. 
 
 Sect. 10. As an additional or accumulative protection for 
 said towns and city, all liabilities which by said towns and city 
 may be assumed or incurred under, or by virtue of any of the 
 provisions of this act, shall at the time, and by force thereof, 
 and for the security and payment of the same, create in favor 
 of said towns and city a lien on said railroad, its franchise, and 
 all of its appendages, and all real and personal property of said 
 railroad corporation ; which lien shall have the preference and 
 ' be prior to all other liens and incumbrances whatever, and 
 
 shall be enforced, and the rights and interest of said towns 
 and city, protected, when necessary, by suitable and proper 
 judgments, injunctions or decrees of said supreme judicial 
 court, on a bill or bills in equity, which power is hereby spec- 
 ially conferred on said court. 
 Actnotto take Sect. 11. This act shall not take efFect unless it shall be ac- 
 effect unless ac- cepted by Said company, and by a vote of the inhabitants of 
 
 cepted by com- f •' . . 
 
 panyandby Said to.wns and city voting in meetings duly called according 
 witMn^thre'e'^ to law, within three years after the approval of this act by the 
 years. governor ; and at least two-thirds of the votes cast at such 
 
 meetings shall be necessary for the acceptance of this act. The 
 Clerks of re- respective town and city clerks shall make a record thereof,, 
 spective towns and if the act shall be accepted as aforesaid, then after such 
 
 and city to 
 
 make record of acceptance and record thereof, all the parts of the act shall take 
 proceedmgs. effisct and be in full force thereafter on the towns and city so 
 accepting the same. 
 
 Sect. 12. This act shall take effect when approved. Ap- 
 proved March 17, 1870. 
 
BUCKSPOUT AND BANGOR EAILROAD CO. Ill 
 
 LAWS OF 1872, CHAP. 64. 
 
 An act to authorize the town of Bucksport to take additional stock in 
 the Penobscot and Union Eiver Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. The town of Bucksport is here- 
 by authorized to take additional stock in the Penobscot and ^?*'"'-[!f.!? *", 
 
 J take additional 
 
 Union Eiver Railroad Company, to an amount not exceeding stoeic. 
 ten per cent, of its State valuation, subject to all the restrictions 
 
 .1 .1 1.1 Restrictions 
 
 and provisions oi sections eighty, eighty-one and eighty-two and proTisions. 
 of chapter fifty-one of the revised statutes, not inconsistent 
 herewith. 
 
 Sect^ 2. This act shall take effect when approved. Ap- 
 proved February 8, 1872. 
 
 LAWS OF 1873, CHAP. 232. 
 
 An act to amend the charter of the Penobscot and Union Eiver Eailroad 
 
 Company. 
 
 Be it enacted, &c. Sect. 1. Chapter three hundred and 
 ninety-iive of the special laws of eighteen hundred and 
 seventy, for the incorporation of the Penobscot and Union corporate name 
 River Railroad Company, is hereby amended so that the cor- " *°^* ' 
 porate name of said company, after this act shall have been 
 accepted by the stockholders, shall be the Bucksport and Ban- 
 gor Railroad Company, instead of the name in the act afore- 
 said. 
 
 Sect. 2. The time for making the location provided in 
 section fifteen of said act, is extended to December thirty-first, Location of 
 in the year eighteen hundred and seventy-four, and the charter ™^ ^'^ " ^ ■ 
 shall be valid and the rights of the corporation sustained as to 
 such part of the line as shall have been so located within said 
 extended time ; but there shall be no authority under this act Proviso. ^ 
 to make further location after that time, except of sidings upon 
 the part already located. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved February 1, 1873. 
 
112 
 
 BUCESPOKT AND BAIfGOR RAILROAD CO. 
 
 Authorized to 
 extend wharf. 
 
 — to erect and 
 maintain other 
 wharves. 
 
 Proviso. 
 
 LAWS OF 1874, CHAP. 562. 
 
 An act to authorize the Bucksport and Bangor Railroad Company to ex- 
 tend their wharves into tide waters at Bucksport village. 
 
 Be it enacted, t&c. Sect. 1. The Bucksport and Bangor 
 Railroad Company and their assigns are hereby authorized 
 and empowered to widen and extend their wharf known as the 
 old steamboat wharf, into the tide waters in the harbor of 
 Bucksport village a distance of one hundred and twenty feet 
 from low water mark. 
 
 Seot. 2. Said company and their assigns are also authoriz- 
 ed and empowered hereby to erect and maintain other wharves 
 in front of their land assigned to them by the railroaft com- 
 missioners of the State, ■ and to extend the same into the tide 
 waters a distance of one hundred and twenty feet from low 
 water mark and no further. 
 
 Sect. 3. Provided said wharves shall not obstruct the navi- 
 gation of the Penobscot river any more than other wharves 
 
 now existing in said harbor. 
 
 Sect. 4. This act shall take efi'ect when approved. 
 proved February 25, 1874. 
 
 Ap- 
 
BIJCKSPOET AND BA'NGOIl RAILROAD CO. 113 
 
 ARTICLES OF AGREEMENT AND LEASE 
 
 Made this tenth day of September, in the year of our Lord one thousand 
 eight hundred and seventy-four, hy and between the Bucksport and Ban- 
 gor Railroad Company, a corporation existing under and by virtue of the 
 laws of the State of Maine (hereinafter called the Bucksport Company, ) 
 and the consolidated European and North American Railway Company, 
 a corporation existing under and by virtue of the laws of the State of 
 Maine and the laws of the Province of New Brunswick (hei-einafter called 
 the European Company, ) for leasing by said Bucksport Company the line 
 of railroad now being constructed and built by said company to said 
 European Company, as authorized in and by the charter of said Bnoks- 
 port Company. 
 
 Whereas, said Bucksport Company is now constructing and building a 
 line of railroad from tide water in the town of Bucksport, in said State 
 of Maine, to the city of Bangor in said State, there to connect with the 
 line of railroad now owned and operated by the said European Company, 
 and the directors of both of said companies have, upon mature considera- 
 tion, determined that the interest and advantage of the respective stock- 
 holders of said companies and the public interest and convenience will be 
 greatly promoted by the lease of the line of railroad of the Bucksport 
 Company to the European Company : 
 
 Now, therefore, these presents witnesseth : That said Bucksport Company 
 hereby agrees with said European Company to construct, build, complete 
 and finish its railroad from tide water in said town of Bucksport to said 
 city of Bangor, and there to connect it with the railroad of said European 
 Company in like manner as the same is now located. 
 
 And said Bucksport Company also agrees to prepare, construct, build, 
 complete and finish a turn table, an engine house, a car house, side 
 tracks and terminal tracks at the Bucksport terminus of its road, and shall 
 provide at said terminus suitable accommodations for the reception and 
 delivery of passengers and freight to and from vessels doing business in 
 connection with said railroad upon the wharf or wharves of said Bucks- 
 port Company; but all warehouse charges or storage for freight upon 
 said wharf or wharves shall belong exclusively to said Bucksport Com- 
 pany. 
 
 Said Bucksport Company shall also furnish all such station grounds, 
 station buildings, water stations, section and tool houses as the business 
 coming upon the line of railroad may require, and which may be neces- 
 sary for conveniently operating said line of railroad between the points 
 above named for the term of five years from and after said line of rail- 
 road shall be delivered to and received by said European Company, as 
 hereinafter provided, it being distinctly understood between the parties 
 hereto that nothing is to be required of said Bucksport Company and that 
 
114 BUCKSPORT ANB BANGOR RAILROAD CO. 
 
 * 
 
 it agrees to furnish nothing in the city of Bangor except the connection 
 with the road of said European Company as provided for. 
 
 Said Bucksport Company agrees that its said railroad buildings, struc- 
 tures and appurtenances shall be connected in a thorough manner so as 
 to constitute, in the opinion of competent and skillful engineers, a first 
 class railroad ready in all respects for the transaction of business upon 
 and over the same, and when so completed and finished, said Bucksport 
 Company hereby lets and leases said line of railroad with all needful 
 buildings appertaining thereto to said European Company for the term 
 of five years from and after the time when possession thereof is taken by 
 said European Company. 
 
 And said European Company hereby agrees with said Bucksport Com- 
 pany to take a lease, and take possession under such lease, of the line of 
 railroad of the latter company as above named as soon as it shall be com- 
 pleted and finished as above provided, and to furnish all rolling stock 
 and equipments necessary to operate said railroad to the best advantage 
 and do all business of every kind requisite to be done and performed upon 
 and over said road by individuals and the public generally in a prompt 
 and efficient manner, and also to keep said railroad and buildings and 
 other property connected therewith in good and efficient order and repair, 
 ordinary wear and tear alone excepted, and run and operate the said 
 railroad for the term of five years from and after the day of taking pos- 
 session of the same, and at the end of said time to surrender the same in 
 like good order and condition as aforesaid, reasonable wear and tear alone 
 excepted, to said Bucksport Company, its successors and assigns. 
 
 And said European Company further agrees to keep in proper books of 
 account, a separate and accurate account of all the business done and 
 perf oimed upon and over said line of railroad of the Bucksport Company, 
 and at the end of each quarter during the continuance of said lease com- 
 mencing three months from the day of taking possession under the same, 
 to render to said Bucksport Company a full and accurate account of all 
 the money earned and received for business done and performed upon and 
 over said road during said quarter, said account to be so rendered at the 
 close of each quarter ; and the said European Company further agrees to 
 pay within ten days after the rendition of each such account, forty per 
 centum of all the money earned and received during said quarter as ascer- 
 tained and shown by said account so rendered to said Bucksport Com- 
 pany. The accounts thus kept always to be open to the inspection and 
 examination of the president, directors and treasurer of the Bucksport 
 Company. 
 
 And it is further agreed between the parties hereto, that the number of 
 passenger and freight trains to be run upon and over said road of ^aid 
 Bucksport Company, and the time of running the same and the tariff 
 rates for the transportation of passengers and freight thereon shall from 
 time to time be agreed upon, fixed and detained by the respective boards 
 of directors of said company, and in case said boards shall fail to agree 
 upon any of said matters, then the question in controversy shall be sub- 
 mitted to the railroad commissioners, for the time being, of the State of 
 Maine, whose decision shall be final and binding upon both parties hereto. 
 
BUCKSPOKT AND BANGOR RAILROAD CO. 115 
 
 These articles of agreement and lease shall become binding upon said 
 companies' parties hereto, and take effect when the same shall have been 
 duly executed according to law. 
 
 It is further understood and agreed by and between the parties hereto 
 that no charge shall be made for the use of the depot or rails or any of 
 the appurtenances of the European Company at Bangor. 
 
 It is also further agreed that in case any change is made in the guage of 
 the railway of the European Company during the period of the aforesaid 
 lease, the rails on the road of the Bucksport Company shall be changed 
 and made to conform thereto and the expense of so doing shall be paid 
 and borne by the said European Company. 
 
 In witness whereof, said Bucksport and Bangor Railroad Company has 
 caused its name to be herewith signed and its seal affixed by its president 
 and treasurer duly authorized, and said consolidated European and North 
 American Railway Company has caused its name to be hereto signed, and 
 its seal affixed by its president and treasurer duly authorized the day and 
 year first above written. 
 
 Bucksport and Bangor Railroad Company, by 
 
 TT Q 1 SEWALL B. SWAZET, President. 
 
 ^^- °-J EDWARD SWAZEY, Treasurer. 
 
 Consolidated European and North American Railway Company, by 
 
 rT o 1 G. K. JEWETT, President. 
 
 I--^- °-J N. WOODS, Treasurer. 
 
 Whereas, the railroad between Bucksport and Bangor, named in the 
 annexed contract is not fully completed, and that it is difficult and expen- 
 sive to finish and complete the same during the winter and spring of the 
 year. Now it is agreed by and bet ween the parties within named, that 
 said European Company may run and operate the within named railroad, 
 and account for the receipts thereof according to the provisions of said 
 contract, and that the taking possession thereof by said European Com- 
 pany for that purpose shall not be considered an acceptance of said rail- 
 road as finished and completed according to said contract, and that said 
 Bucksport Company shall and will,|fl,tits own expense, finish and complete 
 said railroad during next season, as a first class railroad as provided and 
 contemplated in and by said contract ; but it is expressly understood and 
 agreed that any damage that may occur to the railroad shaU be repaired at 
 the expense of the European Company. 
 
 In witness whereof, said companies have caused their several names to 
 be hereto subscribed, by the several presidents thereof this twelfth day 
 of December, A. D. 1874. 
 
 Bucksport and Bangor Railroad, by 
 
 SEWALL B. SWAZET, President. 
 
 Consolidated European and North American Railway Company, by 
 
 G. K. JEWETT, President. 
 
116 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 EUROPEAN AND NORTH AMERICAN RAIL- 
 WAT COMPANY. 
 
 Corporators. 
 
 Corporate 
 name. 
 
 The European and North American Railway extends from Bangor to 
 St. John. The portion of it in the State of Maine, from Bangor to 
 Vanceborough, is one hundred and fourteen miles, the portion in 
 New Brunswick, from Vanceborough to Ferry at St. John, is ninety- 
 one one-half miles, making the entire length of the road two hundrsd 
 and iive and one-half miles. 
 
 By articles of agreement and consolidation the Bangor and Piscataquis 
 Railroad forty-eight miles, has been leased to the consolidated European ■ 
 and North American Railway, so that the road embraces two hundred and 
 fifty miles, one hundred and sixty-two of which are in Maine. 
 
 LAWS OF 1850, CHAP. 378. 
 
 An act to incorporate the European and North American Railway 
 
 Company. 
 
 Be it enacted, <&c. Sect. 1. Elijah L. Hamlin, Anson 6. 
 Chandler, John A. Poor, Moses L. Appleton, Samuel P. 
 Strickland, Leonard March, Wyman B. S. Moor, Daniel W. 
 Bradley, George W. Pickering, Waldo T. Pierce, Enfus 
 Dwinel, Josiah S. Little, James B. Cahoon, Charles Q. Glapp, 
 r. O. J. Smith, John B. Brown, John Anderson, George F. 
 Shepley, Henry Carter, Thomas J. D. Fuller, John Stickney, 
 George M. Chase, George Downes, ISToah Smith, junior, Icha- 
 bod R. Chadbourne, Bion Bradbury, James P. Wheeler, 
 James S. Pike, Stephen R. Hanseom, John 1^. M. Brewer 
 and Stephen Emerson, their associates, successors and assigns, 
 are hereby made and constituted a body politic and corporate 
 by the name of the European and North American EaUway 
 Company, and by that name may sue and be sued, plead and 
 be impleaded, and shall have and enjoy all proper remedies tit 
 law and in equity to secure and protect them in the exercise 
 and use of the rights and privileges and in the performance 
 of the duties hereinafter granted and enjoyed, and to pre- 
 vent all invasion thereof or interruption in exercising and 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 117 
 
 performing the same. And the said corporation are hereby 
 authorized and empowered to locate, construct and finally com- i^^^°"J^ °g^_ 
 plete, alter and keep in repair a railway, with one or more sets struct a raji- 
 of rails or tracks, with all suitable bridges, tunnels, viaducts, 
 turnouts, culverts, drains and all other necessary appendages, 
 from the city of Bangor, crossing the Penobscot at some point 
 north of the Bangor and Brewer bridge, over the most practi- General course 
 cable route, in a line to the city of St. John, in New Bruns- ,^","'"''"°° "^ 
 wick, to the eastern boundary of the State ; so as best to con- 59 Me. 526. 
 nect there with a railway to be constructed from said city of 
 St. John to said eastern boundary, under a charter from said 
 province ; with the like name as is used in this charter as the 
 directors of said corporation in the exercise of their best judg- 
 ment and discretion shall judge most favorable and best calcu- 
 lated to promote the public convenience and carry into effect 
 the intentions and purposes of this act. And said corporation power and 
 shall be and hereby is invested with all the powers, privileges '"■"t'^o^'y- 
 and immunities, which are or may be necessary to carry into 
 effect the purposes and objects of this act as herein set forth. 
 And for this purpose said corporation shall have the right to Eight to take 
 purchase or to take and hold so much of the land and other and other 
 real estate of private persons and corporations, as may be nee- estate, 
 essary for the location, construction and convenient operation 
 of said railroad ; and they shall also have the right to take, re- 
 move 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 : provided kowever,that 
 said land so taken shall not exceed six rods in width, except Proviso, 
 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 Damages for 
 
 j_i J? , m T . . T land, &c., how 
 
 owners thereot may mutually agree on ; and in case said par- determined, 
 ties 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 provided in the 
 
118 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Damages, ap- 
 plication for to 
 be ma^e witMn 
 three years. 
 
 Authorized to 
 fell and remove 
 trees, &c. 
 
 Compensation, 
 &c. 
 
 Powers and 
 privileges. 
 
 Estate of infant 
 persons, <&c., 
 when taken. 
 
 Capital stock. 
 
 G-ovemment, 
 &c. 
 
 President. 
 
 case of damages by the laying out of highways. And the 
 land so taken by said corporation shall be held as lands taken 
 and appropriated for public highways. And no application to 
 said commissioners to estimate said damages shall be sustain- 
 ed unless made within three years from the time of taking 
 such lands or other property ; and in case such railroad shall 
 pass through any woodlands or forests, the said company shall 
 have the right to fell or remove any trees standing therein, 
 within fonr rods from such road, which by their liability to be 
 blown down or from their natural falling, might obstruct or 
 impair said railroad, by paying a just compensation therefor, 
 to bo recovered in the same manner as is provided for the re- 
 covery of other damages in this act. And furthermore said 
 corporation shall have all the powers, privileges and immuni- 
 ties, and be subject to all the duties and liabilities, provided 
 and prescribed respecting railroads in chapter eighty-one of 
 the revised statutes, not inconsistent with the express provisions 
 of this charter. 
 
 Sect. 2. 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 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 or claims for damages, by reason of 
 taking sucla land and estate aforesaid, and give good and valid 
 releases and discharges therefor. 
 
 Sect. 3. The capital stock of said corporation shall consist 
 of not less than ten thousand nor more than forty thousand 
 shares ; and the immediate government and direction of the af- 
 fairs of said corporation shall be vested in seven, nine or thir- 
 teen directors, who shall be chosen by the members of said 
 corporation in the manner hereinafter provided, and shall hold 
 their officers until others shall have been duly elected and 
 qualified to take their places, a majority of whom shall form 
 a quorum for the transaction of business ; and they shall elect 
 one of their number to be president of the board, who shall 
 also be the president of the corporation ; and shall have an- 
 
Treasurer. 
 
 Notice to be 
 given, &o. 
 
 EUEOPEAN AND NORTH AMERICAN RAILWAY. 119 
 
 thority to choose a clerk who shall be sworn to the faithful dis- cierk. 
 charge of his duty ; and a treasurer, who shall be sworn and 
 also give bonds to the corporation, with sureties to the satis- 
 faction of the directors, in a sum not less than fifty thousand 
 dollars for the faithful discharge of his trust. And for the 
 purpose of receiving subscriptions to the said stock, books Books for sub- 
 shall be opened under the direction of the three persons first opeL™"'' ^° 
 named in the first section of this act, at such time as they 
 may determine, in the town of Calais, and the cities of Au- 
 gusta, Bangor and Portland; in this State, and elsewhere as 
 they shall appoint, to remain open for ten successive days, of 
 which time and place of subscription, public notice shall be 
 given in some newspaper printed in Portland, Augusta, Ban- 
 gor and Calais, twenty days at least previous to the opening 
 of such subscription ; and in case the amount subscribed shall 
 exceed forty thousand shares, the same shall be distributed 
 
 ;• . _ . Excess over 
 
 among all the subscribers, according to such regulations as 40,000 shares, 
 the persons having charge of the opening of the subscription uted.'^'^"^'*'' 
 books shall prescribe before the opening of said books. And 
 the three persons first named in the first section in this act, 
 are hereby authorized to call the first meeting of said corpora- 
 tion, by giving notice in one or more newspapers published in ^o^'cXd.'"^' 
 the town and cities last 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. 4. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations, consistent ^' *^'' 
 with the constitution and laws of this State, for their own 
 government, and for the due and orderly conducting of their 
 aflFairs and the management of their property. 
 
 Sect. 5. The president and directors for the time being, 
 are hereby authorized and empowered by themselves or their arectors*™** 
 agents, to exercise all the powers herein granted to the cor- authority of. 
 poration, for the purpose of locating, constructing and complet- 
 ing said railroad, and for the transportation of persons, goods 
 and property of all descriptions, and all such power and author- 
 ity for the management of the affairs of the corporation as may 
 be necessary and proper to carry into 'effect the objects of this 
 
120 EUROPEAN AND NORTH AMERICAN EAILWAT. 
 
 grant ; to purchase and hold within or without the State, 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 descrip-. 
 tions ; 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 the progress of the work, and 
 direct the same to be paid to the treasurer of the corporation. 
 Assessments -^^^ *^® treasurer shall give notice of all assessments.; and in 
 notice of to be case any subscriber or stockholder shall neglect to pay any 
 
 given. 
 
 assessment on his share or shares for the space of thirty days 
 Shares of deiin- after such notice is given as shall be prescribed by the by-laws 
 quent subscn- ^f g^^^ Corporation, the directors may order the treasurer to sell 
 
 bers, how dis- ^ ^ "^ 
 
 posed of. 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 delin- 
 quent subscriber 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 ; provided, that no shareholder in 
 Proviso. said company shall be in any manner whatever, liable for any 
 
 debt or demand due by said company, beyond the extent of 
 his, her or their shares in the capital stock of said company not 
 paid up ; and no assessment shall be laid upon any shares in 
 said company of a greater amount in the whole, than one hun- 
 dred dollars. 
 Tou. Sect. 6. A toll is hereby gi-anted and established for the 
 
 solo benefit of said corporation upon all passengers and pro- 
 perty of all descriptions, which may be conveyed or transport- 
 ed by them upon said road, at such rates as may be agreed 
 upon and established from time to time by the directors of 
 Transportation ^^^^ corporation. The transportation of persons and property 
 and construe- — the Construction of wheels — the form of cars and carriages— 
 of™' ^^^"^ * ^"^ the weights of loads, and all other matters and things in rela- 
 tion to said road shall be in conformity with such rules, regula- 
 tions and provisions as the directors shaU from time to time 
 prescribe and direct. 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 121 
 
 Sect. 7. The legislature may authorize any other company 
 or companies to connect any other railroad or railroads with author^edto 
 the railroad of said corporation, at any points on the route of-jonnect with 
 said railroad. And mis company is hereby authorized to con- 
 nect any railways they may construct under this charter, with 
 any other railway existing or to be constructed within this 
 State. And said corporation shall receive and transport all 
 persons, goods and property of all descriptions, which may be Transportation 
 carried and transported to the railroad of said corporation on and property 
 such other railroads as may be hereafter authorized to be con- ro°^a°''^^'l "^ 
 nected therewith, at the same rates of toll and freight as may lated. 
 be prescribed by said corporation, so that the rates of freight 
 and toll on such passengers, goods and other property as may 
 be received from such other railroads, so connected with said 
 railroad as aforesaid, shall not exceed the general rates of freight 
 and toll on said railroad received for freight and passengers at 
 any of the deposits of said corporation. 
 
 Sect. 8. If the said railroad in the course thereof shall cross ways, puWio 
 any private way, the said corporation shall so construct said rail- *'"iP"™*«' 
 
 •J ^ •/ ' ^ crossings regu- 
 
 road as not to obstruct the safe and convenient use of such lated. 
 private way ; and if the said railroads 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 said 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 priv- 
 ate way. 
 
 Sect. 9. Said railroad corporation shall constantly maintain 
 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. 10. If said railroad shall in the course thereof, cross Tide waters, 
 any tide waters, navigable rivers or streams, the said corpora- leg^^m^ 
 8 
 
122 
 
 EtTKOPEAN AND NORTH AMERICAN RAILWAY. 
 
 Proviso. 
 
 Fences, con- 
 etruction of. 
 
 Mail, transpor- 
 tation of. 
 
 Road to be kept 
 in good repair. 
 
 Company 
 bound to trans- 
 port passengers 
 and iVeight. 
 
 Lien on freiglit, 
 &c., for trans- 
 portation of, 
 &c. 
 
 Engines and 
 cars of other 
 roads not allow- 
 ed to pass. 
 
 tion are hereby authorized and empowered to erect for the 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 
 unnecessarily to obstruct or impede the navigation of sai^ 
 waters. 
 
 Sect. 11. Said railroad corporation shall erect and main- 
 tain substantial, legal and sufficient fences on each side of the 
 land taken by them for their railroad, where the same passes 
 throu.gh inclosed or improved lands, or lands that may here- 
 after be improved ; and for neglect or failure to erect and 
 maintain such fence, said corporation shall be liable to be in- 
 dicted in the district court for the county where such fence 
 shall be insufficient, and to be fined in such sum as shall be 
 adjudged necessary to repair the same ; and such fine shall be 
 expended for the erection or repair of said fence under the 
 direction of an agent appointed by said court, as in case of 
 fines imposed upon towns for deficiency of highways. 
 
 Sect. 12. The said corporation shall at all times, when 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 road as required, for a fair and reasonable compensation. 
 And in case the corporation and the postmaster general shall 
 be unable to agree upon the compensation aforesaid, the legiS' 
 lature shall determine the same. And said corporation, after 
 they shall commence the receiving of tolls shall be bound at 
 all times to have said railroad in good repair, and a sufficient 
 number of suitable engines, 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 and tendered, and alien 
 is hereby created on all articles transported for said tolls. And 
 the said corporation fulfilling on its part all and singular the 
 several obligations and duties by this section imposed and en- 
 joined upon it, shall not be held or bound to allow any engine, 
 locomotive, cars, carriages or other vehicle for the transporta- 
 tion of persons or merchandize to pass over said railroad other 
 than its own, furnished and provided for that purpose, as here- 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 123 
 
 in enjoined and required. Provided, however, that the said 
 corporation shall be under obligations to transport over said "" 
 road, in connection with their own trains, the passenger and 
 other cars of any other incorporated company that may here- 
 after construct a railroad connecting with that hereby author- 
 ized ; such other company being subject to all the provisions 
 of the sixth and seventh sections of this act, as to rates of toll, 
 and all other particulars enumerated in said sections. 
 
 Sect. 13. If any person shall wilfully and maliciously or 
 wantonly and contrary to law obstruct the passage of any car- 
 riage on said railroad, or in any way spoil, injure or destroy penlitTfor. " ' 
 said railroad, or any part thereof, or anything belonging there- " 
 to, or any material or implements to be employed in the con- 
 struction or for the use of said road, he, she, or they, or any 
 person or persons, assisting, aiding, or abetting such trepass, 
 shall forfeit and pay to said corporation for every such of- 
 fence, 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 in- LiaWetoindict- 
 dictment by the grand jury of the county, within which tres- ™^''*' 
 pass 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 five hundred dollars, to the use of the State, or 
 may be imprisoned for a term not exceeding five years, at the 
 discretion of the court before whom such conviction may be 
 had. 
 
 Sect. 14:. Said corporation shall keep in a book for that 
 
 Account of ex- 
 purpose, a regular account of all their disbursements, expendi- penditure, c&c, 
 
 tures and receipts, and the books of said corporation shall at '"'^''^p*- 
 all times be open to the inspection of the governor and coun- 
 cil, and of any committee duly authorized by the legislature ; 
 and at the expiration of every year, the treasurer of said cor- 
 poration shall make an exhibit under oath to the legislature, 
 of the net profits derived from the income of said railroad. 
 
124 
 
 EUEOPEAN A2TD NORTH AMERICAK RAILWAY. 
 
 Beal estate, 
 where taxable, 
 &c. 
 
 Shares deemed 
 personal prop- 
 erty. 
 
 Report of net 
 income to be 
 made to the leg- 
 islature, &c. 
 
 One moiety to 
 be paid over to 
 the treasurer of 
 State. 
 
 Aimual meet- 
 ing, when hol- 
 den, &c. 
 
 Directors, 
 choice of. 
 Votes. 
 
 Legislature, 
 right of to in- 
 vestigate the 
 doings of said 
 company. 
 
 Sect. 15. All real estate purchased by said corporation for 
 the use of the same under the fifth section of this act shall be 
 taxable to said corporation by the several towns, cities and 
 plantations in which said lands lie, in the same manner as lands 
 owned by private persons, and shall in the valuation list be 
 estimated the same as other real estate of the same quality in 
 such town, city or plantation, and not otherwise, and the shares 
 owned by the respective stockhold.ers shall be deemed personal 
 estate, and be taxable as such to the owners thereof, in the 
 places where they reside and have their home. And when- 
 ever the net income of said corporation shall have amounted ' 
 to ten per centum per annum, upon the cost of the road and 
 its appendages and incidental expenses, the directors shall 
 make a special report of the fact to the legislature ; from and 
 after which time one moiety or such other portion as the legis- 
 lature may from time to time determine, of the net income 
 from said raiboad accruing thereafter over and above ten per 
 centum per annum, first to be paid to the stockholders, shall 
 annually be paid over by the treasurer of said corporation, as 
 a tax, into the treasury of the State for the use of the State. 
 And the State may have and maintain an action against said 
 corporation therefor, to recover the same. But no other tax 
 than herein is provided shall ever be levied or assessed on said 
 corporation, or any of their privileges or franchises. 
 
 Sect. 16. The annual meeting of the members of said cor- 
 poration shall be holden on the last "Wednesday in July, or 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall appoint, 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor by himself or proxy, being entitled to as many votes 
 as he holds shares, 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 cor- 
 poration by their by-laws shall direct. 
 
 Sect. 17. The legislature shall at all times have the right to 
 inquire into the doings of the corporation, and into the man- 
 ner in which the privileges and franchises herein and hereby 
 granted, may have been used and employed by said corpora- 
 
EUEOPEAJS^ AND NORTH AMERICAN RAILWAY. 125 
 
 tion, and to correct and prevent all abuses of the same, and 
 to pass any lawsimposing fines and penalties upon said corpor- 
 ation, wliich may be necessary, more effectually to compel a 
 compliance with the provisions, lia.bilities and duties, herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabiUties, or obligations. And this charter ^,^^^^5^ ^^^ j.^. 
 shall not be revoked, annulled, altered, limited or restrained voked, &o., 
 without the consent of the corporation, except by due process process of layr.* 
 of law. 
 
 Sect. 18. If the said corporation shall not have been or- 
 ganized, and the location according to actual survey of the organization 
 
 " ' o ./ anj location, 
 
 route filed with the county commissioners of the counties time limited, 
 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 fifty-five, 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 hun- 
 dred and sixty-five, in either of the above mentioned cases, this 
 act shall be null and void. 1 
 
 Sect. 19. Said company shall not engage in, nor commence Commence- 
 
 , . p . r ■, mentofcon- 
 
 the construction 01 any section or sections of said railway, struction pro- 
 untU seventy-five per centum of the estimated cost of said twe'nt^-flve' er 
 section or sections shall have been subscribed for by responsi- <=«"'• of t^e es- 
 
 , T timated cost be 
 
 ble persons. subscribed for. 
 
 Sect. 20. If said provinces or either of them, shall in any 
 legal way and manner, constitute this company a company rights within 
 within its limits and jurisdiction, this company is hereby au- *^^ provinceB. 
 thorized and empowered to exercise within said limits and 
 jurisdiction of such province all the rights and powers and 
 shall have and enjoy all the privileges and immunities which 
 it could have, exercise and enjoy within this State. 
 
 Sect. 21. The said European and North American Rail- 
 way Company are hereby authorized and empowered to con- •^^'^thorizedto 
 tract with the government of the United States, and any carrying the u. 
 foreign government or power for the carrying of the mail of m^^'!''''^'^ 
 any such government or power over or within any of the ter- 
 ritories where said company may exercise or enjoy any of the 
 powers, privileges or immunities herein granted to it. Aj)- 
 proved August 20, 1850. 
 
126 EITROtEAiT AND NORTH AMERICAN RAILWAY. 
 
 LAWS OF 1850, CHAP. 399. 
 An act concerning the European and North American Railway Company. 
 
 Be it enacted, c&c. In case the European and North 
 
 American Railway Company shall be constituted a corporar 
 
 ,. ., tion in the provinces of New Brunswick and Nova Scotia or 
 
 In case linuts ^ 
 
 extended may either of them, tlicD, and in that case, the said company may 
 'stock!'* ''*^' be allowed to increase its capital stock, in shares of one huii- 
 dred dollars each, to an amount equal to the cost of construc- 
 ing said road so incorporated and constituted, not exceeding 
 the number of one hundred and fifty thoussnd shares in all. 
 Approved Augicst 27, 1850. 
 
 RESOLVE OP 1850, CHAP. 273. 
 
 Resolves in favor of a survey for the European and North American 
 
 Railway. 
 
 Resolved, That the governor be authorized to eanse a recon- 
 noisance and preliminary survey to be made of a route for 
 said railway, from the city of Bangor crossing the Penobscot 
 river north of the Bangor and Brewer bridge, over the most 
 practicable and direct route in a line to the city of St. John 
 in New Brunswick, to the eastern boundary of the State ; so 
 as to connect there with a railway to be constructed from said 
 city of St. John to said eastern boundary. 
 
 Resolved, That the governor be authorized to draw his 
 warrants upon the treasury from time to time not exceeding 
 the sum of five thousand dollars, to defray the necessary ex- 
 penses of said reconnoisance and survey ; said sum to be ex- 
 pended and paid under the direction of the governor and 
 council. 
 
 Resolved, That the persons conducting said survey, shall 
 examine and report such geological and minerological evidence 
 and facts as shall be discovered by them in making such sur 
 vey. Approved August 20, 1850. 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 127 
 
 RESOLVE OF 1850, CHAP. 301. , 
 
 Resolve in regard to the European and North American Railway Company. 
 
 Resolved, That the governor is hereby authorized and em- 
 powered to communicate to the president and congress of the 
 United States from time to time such information as he may 
 deem it advisable to lay before them, as to the advantages of 
 the route through Maine proposed for the European and North 
 American Railway for securing the most rapid means of com- 
 municatibn between Europe and America, and to invite such 
 co-operation on the part of the general government in aid of 
 the same as the interests of Maine may require. Approved 
 August 28, 1850. 
 
 RESOLVE OF 1851, CHAP. 367. 
 
 Resolve providing for the distribution of the report upon the survey of 
 the European and North American Railway, and other documents re- 
 lating to the same. 
 
 Resolved, That the governor is hereby authorized to cause 
 to be published and distributed in sufficient numbers of copies 
 of the plan and survey made by A. C. Morton, Esquire, of the 
 line of the European and North American Kailway, and such 
 other information in regard to said railway, its practicability 
 and advantages, as he may deem for the best interests of the 
 State. 
 
 Resolved, That the governor is hereby authorized to cause 
 further explorations and surveys to be made as far as may be 
 necessary to perfect the plans and surveys already made. 
 
 Resolved, That the governor is hereby authorized to cause 
 a suitable number of copies of the documents published in re- 
 gard to said railway, to be forwarded to the provincial authori- 
 ties of New Brunswick, Nova Scotia and Canada, and to the 
 president and congress of the United States, and to the gov- 
 ernors of other States, as he may deem expedient ; and to lay 
 before them such information as he may think advisable to 
 Communicate, in regard to the advantages of a route through 
 Maine, for shortening the transit between Europe and America. 
 
128 EUEOPEAK AND NORTH AMERICAN RAILWAY. 
 
 ' Resolved, That a sum not exceeding two thousand dollars 
 be appropriated for carrying out these resolves, to be expended 
 at the discretion of the governor. Approved June 3, 1861. 
 
 STATE OF MAINE. 
 
 House of Repeesentatives, 
 February 7, 1852. 
 The committee on railroads and bridges, to whom was re- 
 ferred the memorial of John A. Poor, Elijah L. Hamlin and 
 Anson G. Chandler, executive committee for Maine, to pro- 
 mote the construction of the European and North American 
 Railway, — praying for an expression of the legislature of 
 Maine in support of their application to congress, — asking 
 assistance from the government of the United States in behalf 
 of said railway. 
 
 REPORT. 
 
 The European and North American Railway, when con- 
 structed, in connection with other railways built, or in progress, 
 win connect the British Provinces of Canada, New Brunswick 
 and Nova Scotia with each other, and the United States, over 
 the easiest and natural routes of travel, — and at the same time, 
 shorten to the lowest limit of time and cost, the transit of the 
 mails between New York and London. It is proposed in con- 
 currence with the British Provinces, to bring the two great 
 lines, from New York, and from Montreal, to a point of junc- 
 tion and connection in Maine, — either at the Kennebec or 
 Penobscot river, — and crossing the Penobscot above the head 
 of sea navigation extend a single trunk line, . to the shore of 
 Nova Scotia or Cape Breton, at the nearest available poiat of 
 this continent to Europe — so that between Galway in Ireland 
 — the nearest and most accessible port for trans-atlantic navi- 
 gation to Europe — and the American steamship terminus, the 
 Atlantic ferry shall be crossed at its narrowest strait. 
 
 It is calculated that by shortening the sea voyage to the 
 lowest limit, and dispensing with all unnecessary burden, the 
 gain of two miles per hour at sea, may be made, and that the 
 speed of the locomotive may be three times as great as that of 
 
EUROPEAN AND NOKTH AMERICAN RAILWAY. 129 
 
 the steamer. Comparing the present mail route between 
 New York and London with that by the European and North 
 American Railway through Maine, the result may be stated 
 as follows: 
 
 PRESENT ROUTE. 
 
 Stgamer from New York to Liverpool, 3,100 mis. 
 
 at 13 1-8 miles per hour, . . 9 dys. 20 hr. 
 
 Railway from Liverpool to London, 211 mis. 5 hr. 
 
 3,311 mis. 10 dys. 1 hr. 
 
 PROPOSED OVERLAND ROUTE. 
 
 Railway from New York to Halifax, 867 mis. 2 dys. 22 hrs. 
 Steamer from Halifax to Galway, at the 
 
 rate of 15 miles per hour, 2,130 mis. 5 dys. 22 hrs. 
 
 Railway from Galway to Dublin, 126 mis. 3 hrs. 
 
 Steamer from Dublin to Holyhead, 63 mis. 3 hrs. 
 
 Railway from Holyhead to London, 263 mis. 6 hrs. 
 
 3,449 mis. 7 dys. 8 hrs. 
 
 The speed of the railway train being three times as great 
 as the steamer, a gain of sixty-five hours time is made by the 
 route proposed, adopting the highest speed yet attained in 
 ocean navigation. If we assume an increased speed in the 
 future, the committee believe that the same advantage may 
 still be maintained by the proposed route through Maine. 
 
 The memorial to congress in behalf of this enterprise, pre- 
 sents this whole matter in so clear and forcible a light that it 
 cannot fail to arrest attention, and secure for the enterprise the 
 favorable regards of the country. Notice of two bills in aid 
 of the European and North American Railway, have been 
 given by the honorable Mr. Washburn in the house of repre- 
 sentatives, designed to carry out the plan proposed, and to aid 
 the friends of the enterprise in Maine, one entitled. 
 
 "An act for shortening the transit of the mails between 
 New York and London" the other "an act making a grant 
 of land to the State of Maine, in aid of the construction of 
 
130 EUROPEAN AlTD NORTH AMERICAN RAILWAY. 
 
 the European and North American Railway^'' copies of 
 - which bills, with the petition to congress — the despatches of 
 Earl Grey — and the laws passed in Canada and Nova Scotia 
 — make a part of the memorial to the legislature, accompany- 
 ing which, is a copy also of the application to Massachusetts 
 in its behalf. 
 
 The memorial, after showing the commercial advantages 
 of the European and North American Railway and its claims 
 to support as a commercial undertaking whereby the saving of 
 time in the transit of mails is fully shown ; asks for a perma- 
 nent mail contract over this route at the rates paid between 
 New York and Liverpool. It also asks in behalf of Maine a 
 grant of two millions of acres of the ungranted land. While 
 therefore the enterprise itself has claims upon congress for its 
 intrinsic merit sufficient to warrant the application for aid in 
 the form proposed, it is right to insist upon a proper respect 
 towards Maine on account of the sacrifice of her interests in 
 the settlement of the North Eastern Boundary dispute by the 
 treaty of Washington. If Texas was entitled to ten millions 
 gratuity for yielding her doubtful claim to a comparatively 
 worthless territory, how much ought Maine to receive for a 
 more valuable one whose title has been fully recognized by 
 congress. 
 
 In view of the foregoing the committee ask leave to report 
 the following resolutions. H. Cabteb, per order. 
 
 RESOLVE OF 1852, CHAP. 404. 
 
 Resolve in support of the memorial to congress asking assistance from 
 the United States government in behalf of the European and North 
 American Railway. 
 
 Resolved, That the commercial position of Maine author- 
 izes her to aim at a leading share in all the great bnsihesB 
 movements of the age; — while Maine is the natural sea-coaflt 
 for the Canadas and of the larger part of New England, 
 having the finest harbors of the whole country, she is fii 
 the direct route of the principal commerce between En- 
 rope and -America, and the bringing together of two great 
 lines, which connect us with Canada and the whole of the 
 
EUEOPEAN AND KOETH AMERICAN RAILWAY. 131 
 
 United States to a point of junction in Maine — one from Mon- 
 treal on the north and tlie other from New York on the south, 
 when they shall form one grand trunk line to be extended 
 from the valley of the Kennebec to the eastern shore of Nova 
 Scotia is the work that shall make Maine known and felt as a 
 leading State in the confederacy. 
 
 Resolved, That while the movements toward carrying out 
 the plan of the European and North American Railway have 
 aroused the British ministry to the adoption of measures cal- 
 culated to counteract the exertions in its behalf by the proffers 
 of assistance toward building the Halifax and Quebec Rail- 
 way entirely through. British, territory ; — it is a source of sin- 
 cere gratification to know that the provinces will not forego 
 the advantages of the European and North American Railway, 
 for the sake of the Quebec line, and that there is now every 
 encouragement to prosecute exertions in behalf of the enter- 
 prise we have in view, in the assurance that the line will be 
 met by the provinces, at the river St. Croix. 
 
 Resolved, That a trunk line of railway from Halifax to 
 Montreal, through Maine, in connection with the lines now 
 built or in process of construction, is the only measure that 
 can offer proper inducements for the employment of capital, or 
 that can satisfy the wants of the people of the Provinces. Over 
 such a route the traffic and travel of Canada and the west, 
 would find its easiest outlet, and the increasing tide of trans- 
 atlantic travel seeking the shortest possible sea voyage, would 
 give it advantages, ensuring cheaper conveyance than over any 
 other route between the commercial capitals of Europe and 
 America. 
 
 Resolved, That the application made to the United States 
 government in behalf of the European and North American 
 Railway through the executive committee for Maine, deserves 
 support from congress, and the passage of the bills presented 
 by honorable Mr. Washburn, one entitled "an act making a 
 grant of land to the State of Maine to aid the construction of 
 the European and North American Railway," the other en- 
 titled "an act for shortening the transit of the mails between 
 New York and London," are earnestly pressed upon the con- 
 Bideration of congress. 
 
132 
 
 EUROPEAN AND NORTH AMERICAN RA.ILWAT. 
 
 Resolved, That our senators and representatives in congress, 
 are requested to urge the passage of the bills before referred 
 to, and that they ask such other assistance to the European 
 and North American Railway, as it may be in the power of 
 congress to grant. 
 
 Resolved, That the interest of Massachusetts in this ques- 
 tion, and the extent of her interest in public lands lying in 
 Maine, justifies us in asking at the hands of that common- 
 wealth similar support, and that the legislature of Massachu- 
 setts is hereby invited to unite with us in the foregoing re- 
 quest. 
 
 Resolved, That the governor be requested to transmit these 
 resolves to the president of the United States, and to each 
 house of congress and the governor of Massachusetts. 
 
 Resolved, That the governor be requested to transmit 
 copies of the foregoing resolves to each of the senators and re- 
 presentatives of this State in the congress of the United States. 
 Approved March 27, 1852. 
 
 Authorized to 
 connect with 
 Penobscot and 
 Kennebec 
 Bailroad. 
 
 tTermsoftrans- 
 'j|}Qrtation, &c. 
 
 LAWS OF 1853, CHAP. 166. 
 
 An act to provide for certain raUroad connections for the European and 
 North American Railway Company. 
 
 Be it enacted, c&c. Sect. 1. The European and North 
 American Railway Company is hereby authorized to connect 
 its railroad at Bangor, with the Penobscot and Kennebec Kail- 
 road, upon such terms and arrangements that all passengers, 
 merchandise and property coming from or destined to the road 
 of said European and l^orth American Railway Company, 
 shall be tifansported over said Penobscot and Kennebec Kail- 
 road, at rates of fare and freight as favorable as shall at the 
 same time be established or allowed by said Penobscot and 
 Kennebec Railroad Company for any other passengers, mer- 
 chandise or property transported over the road of said com- 
 pany. 
 
 Sect. 2. Any railroad company which has been or may here- 
 after be chartered by the legislature with authority to extend 
 its road to any point on the chartered route of the Penobscot 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 133 
 
 and Kennebec Railroad, shall be at liberty to connect its road certain raii- 
 
 ' •' _ roads authoriz- 
 
 with said Penobscot and Kennebec Railroad, upon either side ed to connect 
 
 ,T rt T n IT ,^ i. with Penobscot 
 
 thereof, and ail passengers, merchandise or other property ana Kennebec 
 coming from or destined to such connecting road shall be trans- saiiroad- 
 ported over said Penobscot and Kennebec Railroad, to or from 
 
 ■*- ' Rates of trans- 
 
 the point of connection, at rates of fare and freight as favorable portation, &c. 
 as shall at the same time be established or allowed by said 
 Penobscot and Kennebec Railroad Company, for any other 
 passengers, merchandise or property transported over the road 
 of said company. 
 
 Sect. 3. All passengers, merchandise and property, trans- 
 
 r o ^ r r J J Transportation 
 
 ported over any connecting road mentioned in the two preced- to or &om con- 
 ing sections, coming ffom or destined to the Penobscot and reguiation^of.' 
 Kennebec Railroad, shall be carried, received and delivered 
 by such connecting company, at rates of fare and freight as 
 favorable as shall at the same time be established or allowed 
 by such connecting company, for any other passengers, mer- 
 chandise or property transported over such connecting road. 
 
 Sect. 4. If any of the connecting companies aforesaid, shall junction rates 
 be unable to agree with the Penobscot and Kennebec Railroad of transporta- 
 Company, in respect to the place or manner oi connection conneeting 
 with said railroad, or in respect to the terms of such connec- T^^.' ^T' ^^' 
 
 ' c " ternuned. 
 
 tion, or the rates of fare and freight thereon, both for local 
 
 and through business, or the division of receipts resulting from 
 
 transportation over the roads so connected, either party may 
 
 apply to the supreme judicial court, holden at any term, within 
 
 any county, in which either of such connecting roads shall be 
 
 located, for the appointment of commissioners to determine 
 
 upon the matter of such disagreement. Such notice of said 
 
 apphcation shall be given to the other party, as the court may cationtobe^'' 
 
 direct, and thereupon the court shall appoint three commis- ^™''" 
 
 sioners, who shall, upon due notice to the parties interested, 
 
 and after hearing the same, proceed to determine and award. Award of com- 
 
 in writing, upon the matter submitted to them, and prescribe ""s^'o^era. 
 
 the things to be done and performed by the parties, or either of 
 
 them, and said commissioners shall award costs to either party Costs, &c. 
 
 at their discretion. The award 'of said commissioners, or a 
 
 majority of them, shall be returned to the court in the county retTrnabTe.^" 
 
134 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 —acceptance of, 
 
 Application for 
 further award. 
 
 Court may pre- 
 scribe the mode 
 of proceedings 
 of commission- 
 ers, &c. 
 
 Stock of 
 European and 
 Nortli Ameri- 
 can Hallway, 
 how deter- 
 mined. 
 
 Bonds. 
 
 Authorized to 
 lease or pur- 
 chase other 
 railroads. 
 
 Stock and fran- 
 chise, consoli- 
 dation of. 
 
 Powers, privi- 
 leges, duties, 
 liabilities, &c. 
 
 where the application was made, and the same shall then be 
 accepted and recorded, unless the court for cause shown, shall 
 order the same to be recommitted, for further hearing and de- 
 termination. And upon the acceptance of such award, the 
 same shall be binding upon the respective companies interest- 
 ed in the same, until a new award shall be made upon a fur- 
 ther application therefor; but no application for a fm'ther 
 award shall be made within one year after the acceptance of 
 a preceding award. 
 
 Sect. 5. The court shall have the jjower to prescribe the 
 mode of proceeding by said commissioners and may issue all 
 such process as may be necessary to secure the due execution 
 and performance of any award made and accegted under the 
 provisions of this act. 
 
 Sect. 6. The capital stock of the European and North 
 American Railway Company may be divided into not less 
 than one thousand, nor more than one hundred and fifty thou- 
 sand shares of twenty pounds sterling each, or of one hundred 
 dollars each as said company may elect ; and said company 
 may issue its bonds in sterhng currency in the same manner 
 as is now authorized by law. 
 
 Sect. 7. The European and ITorth American Railway Com- 
 pany is hereby authorized to purchase or lease any portion of 
 any other raih'oad which has been chartered and located, or 
 may hereafter be located between the city of Bangor and the 
 eastern boundary of the State, and may purchase or lease the 
 Penobscot and Kennebec Railroad so as to form a connected 
 line of road from the boundary aforesaid to the western ter- 
 minus of said Penobscot and Kennebec Railroad. And in case 
 of any such purchase, the stock and franchise of the company 
 whose road shall be so purchased, shall be consolidated into and 
 become a part of the stock and franchise of the European and 
 North American Railway Company; and all the privilegf 
 and powers acquired by such purchase shall be held and enjoy- 
 ed under the charter of said company, and said company shall 
 be required to perform and discharge all the duties and liabili- 
 ties imposed by law upon the company whose road shall be 
 so purchased. 
 
Extension of 
 time for organ- 
 
 EUROPEAN AND NOETH AMERICAN RAILWAY. 135 
 
 Sect. 8. A further time of one year from the passage'Of this Penobscot and 
 act is hereby granted, within which the said Penobscot and road, time to 
 Kennebec Eailroad Company may make a new location of any "^l^^* newio- 
 part of their road between Waterville and Bangor, but not so extended, 
 as to cross the Kennebec river at any point further north than 
 the present actual location of its road at Kendall's Mills. 
 
 Sect. 9. This act shall take effect from and after its appro- 
 val by the governor. Approved March 29, 1853. 
 
 LAWS OP 1856, CHAP. 561. 
 
 An act to revive the charter of the European and North American Rail- 
 way Company, and to extend the time for locating and building the 
 same. 
 
 Be it enacted,, <&c. The charter of the European and North 
 American Railway Company is hereby revived, and a further revived, 
 time of five years from the thirty-first day of December eigh- 
 teen hundred and fifty-five is hereby allowed within which to 
 organize said company and file the location of said railway ; i'^'ng and filing 
 and a further time of five years within which to complete said allowed, 
 railway in addition to the time originally allowed by law. Ap- 
 proved February 20, 1856. 
 
 RESOLVE OP 1857, CHAP. 104. 
 Resolves in relation to the North American and European Railway. 
 
 Whereas, an extension of the raih-oad system of the United 
 States in connection with that of the British North Anierican / 
 Provinces, to an available seaport in Nova Scotia, which 
 would shorten the time, and improve the safety, rapidity and 
 frequency of the postal communications between America and 
 Europe, is a matter of high national concern, and is entitled 
 to the same national aid and encouragement which have been 
 extended to lines of steamships between New York and Liver- 
 pool, and more recently to a proposed line of telegraph be- 
 tween Newfoundland and Ireland; therefore, 
 
 Resolved, That the senators and representatives from this 
 State in the congress of the United StateSj are requested to 
 urge upon that body the national importance of the proposed 
 
136 
 
 EUEOPEAN ANB NOETH AMERICAN EAILWAY. 
 
 "North American and European Eailway," and the manifest 
 justice of the claims which it presents for national encourage-' 
 ment and assistance. 
 
 Resolved, That the governor be requested to furnish to 
 each of our senators and representatives in congress a copy 
 of the foregoing preamble and resolutions. Approved April 
 15, 1867. 
 
 LAWS OF 1863, CHAP. 287. 
 
 An act to extend the time for completing the European and North Ameri- 
 can Eailway. 
 
 Time for com- ^^ ^^ enacted, c&c. That a further time of five years from the 
 pieting railway last dav of December, eighteen hundred and sixty-five, is here- 
 by allowed in which to finish and complete the European and 
 North American Railway. Approved March 25, 1863. 
 
 LAWS OF 1864, CHAP. 321. 
 
 Authorized to 
 contract with 
 Maine Central 
 Eailway Co. 
 
 Directors ol the 
 two roads may 
 enter into con- 
 tract. 
 
 I/Ocation, time 
 of, extended, 
 
 An act authorizing the further extension of the European and North 
 American Eailway. 
 
 Be it enacted, c&c. Sect. 1. The European and North 
 American Railway Company is hereby authorized to enter into 
 contract with the Maine Central Railroad Company for operat- 
 ing its line of railway as built; and the Maine Central Railroad 
 Company is hereby authorized to contract for this purpose with 
 said railway company, and to run its engines and cars over said 
 line ; and the directors of the two companies may enter into 
 contract for the purpose aforesaid, on such terms and condi- 
 tions as may in the judgment of the directors, be for the mu- 
 tual advantage of the two companies, subject to the approval 
 of the stockholders of each corporation. 
 
 Sect. 2. The European and North American Railway Com- 
 pany shall have a further time of one year, within which it 
 may make a new location of any part of its line, but not to 
 change its general route from Bangor to the mouth of the Mat- 
 tawamkeag river, with the right to pass on either side of the 
 Penobscot river, from Oldtown to Lincoln, and to extend a 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 137 
 
 branch line to the Penobscot boom, crossing any one of the -may extend 
 islands in the Penobscot river above the Cook or Steamboat Penobscot 
 channel, between Oldtown and Orson islands ; and said rail- ^'"'™- 
 way company may extend a branch of its line to the slate quar- _ioay extend 
 ries in the valley of the Pleasant river at Brownville, and to branch to 
 
 -rrr ,. . i ■ T 1 BrownvUle, <Sc. 
 
 the Katalidin Iron Works, from any pomt on their line between 
 Oldtown and Lincoln. From the mouth of the Mattawamkeag Location, une 
 river east and north-east, the said railway company may have ^'g^^^. 
 a further time of two years in which it may file a new location wamteag 
 of its line to the boundary in the most direct line to St. John 
 city, in New Brunswick. 
 
 Sect. 3. Said railway company may extend a branch line of May extend 
 its railway from some point on its hne east of the mouth of the Houiton, &c. 
 Mattawamkeag to Houlton, and to the northern boundary of 
 the State, with a branch line to Woodstock and to the St. 
 John river at Woodstock village ; provided, authority there- ProTiso. 
 for be granted by the legislative authorities of New Bruns- 
 wick. 
 
 Sect. 4. The European and North American Eailway Com- j^y ^^^^ ^^g 
 pany may lease its line of railroad, or enter into and execute •'■'«' *«• 
 a contract in the nature of a lease, such as will enable the 
 lessees thereof to maintain and operate by means of said rail- 
 way and other roads in extension of the same, a connected 
 line of railway from Bangor to Halifax, in the province of 
 Nova Scotia; and said European and North American Eail- 
 way Company, under the authority of its charter, may pur- 
 chase any existing lines of railway between the city of Port- —may purciiase 
 land and the city of Halifax, or take a lease thereof of any "^^ay. 
 one or more of them. But nothing contained in this act or any 
 lease or contract that may be made under the authority of the "'"'* '° exoner- 
 
 ■' ate company 
 
 same, shall exonerate said company or the stockholders thereof, from duties, iia- 
 from any duties or liabilities imposed upon them by the char- ^^^^^' *"• 
 ter of said company or the general laws of the State, nor shall 
 anything herein contained in any manner limit or circumscribe 
 any power of the legislature of this State to enact laws affect- 
 
 . . . Minority of di- 
 
 ing the rights, privileges or duties of said company ; and a rectors shau be 
 majority of the du-ectors of said company shall always be citi- gtoto"^ °^ **"' 
 
 9 
 
138 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Bight of prop- 
 erty, &c., in 
 Penobscot Bail- 
 road Co. vested 
 in European 
 and North 
 American 
 Railway. 
 
 Bonds of Pen- 
 obscot Bailroad 
 Co. valid in 
 bands of E. and 
 N. A. Bailway 
 Co. 
 
 E. and N. A. 
 Bailway Co. not 
 liable for debts 
 ofP.B.K. Co. 
 
 zens of this State, and said company shall always keep their 
 office and books in this State. 
 
 Sect. 5. Whereas the European and, North American 
 Eailway Company has acquired the rights, franchises, road-bed, 
 right of way, and all other property of the Penobscot Kail- 
 road Company, it is hereby enacted, that said European and 
 North American Railway Company shall have the right to en- 
 joy the property, road-bed, rights of way, and the rights in 
 land purchased by said Penobscot Railroad Company for road- 
 bed, depots and other corporate purposes, and all rights of said 
 Penobscot Railroad Company incipient or perfect, of locating 
 and establishing its road on lands of other persons, and all its 
 road-bed, rock cuttings, excavations, embankments, gradings, 
 bridges, piers, abutments, or other structures or works, as an 
 inherent part of its own franchise and property ; and the loca- 
 tion of the line of the European and North American EaO- 
 way Company, made or to be made over and upon the line of 
 said Penobscot railroad as built, shall not give any new claim 
 of damages to the owners of land, whose property was taken 
 by the location of Penobscot railroad, in all cases where said 
 Penobscot Railroad Company has paid the land damages, prior 
 to any use thereof by said European and North American 
 Railway Company; the rights and properties held by said 
 Penobscot Railroad Company shall hereafter be vested in said 
 European and North American Railway Company, and shall 
 remain in full force and efficiency unannulled and unimpaired, 
 by any subsequent defeat, or dissolution of the Penobscot Eail- 
 road Company, whether by limitation of the time in which the 
 road should be completed, or by any other means. And 
 all bonds of the Penobscot Railroad Company taken up for a 
 valuable consideration, and held by the European and North 
 American Railway Company, shall be valid in the hands of 
 said railway company as holders thereof, as a basis of title, but 
 for no other purpose ; and no bond of said Penobscot Rail- 
 road Company shall be negotiable for any other purpose after 
 the expiration of the charter of said company, or of any valid- 
 ity, other than for the purpose above set forth. Nor shall said 
 European and North American Railway Company be in any 
 
EUEOPEAN AKD NORTH AMERICAN RAILWAY. 13.9 
 
 manner liable for any debt of said Penobscot Railroad Com- 
 pany on account of the purchase thereof as aforesaid. And Directors of p. 
 the directors of the Penobscot Railroad Company, may exe- flirtiier powers 
 cute any other and further instrument of lease, transfer or 
 other conveyance to said European and North American Kail- 
 way Company to carry into effect the intentions and purposes 
 of this act. And the proceedings of the two corporations Proceedings 
 
 /...T 1 iji iTj" j?j_i' 1 declared valid. 
 
 atoresaid are hereby declared valid, in case ot their approval 
 
 by the stockholders of the two corporations. And section 
 
 eighteen of an act approved August second, eighteen hundred 
 
 and forty-seven, entitled "an act to establish the Bangor and Acts or 
 
 Orono Eaikoad," which title was, by an additional act ap- inowasoi 
 
 ' •' J^ repes^led, 
 
 proved August twenty-first, eighteen hundred and fifty, chang- 
 ed to the Penobscot Railroad Company, be and the same is 
 hereby repealed, and any transfer of its road-bed, right of way, 
 or other property, or of its powers, privileges and immunities 
 by said corporation, by lease or sale to the European and 
 North American Railway Company, which transfer, made, or 
 to be made, is hereby authorized, shall not operate to extin- 
 guish said Penobscot Railroad Company or to annul its char- 
 ter ; but it shall be regarded as still subsisting so far as its con- 
 tinuance for the purpose of upholding any right, title or inter- p_ jj. e. co. 
 est, power, privilege or immunity, ever possessed, exercised charter subsist- 
 
 ■ 11 •. , n f . n . ing for certain 
 
 or enjoyed by it, may be necessary tor the protection of the purposes. 
 European and North American Railway Company, its exer- 
 cise of the powers, and its enjoyment of the privileges and 
 immunities so transferred, being suspended, so long as the 
 European and North American Railway Company shall exer- 
 cise and enjoy them. 
 
 Sect. 6. The European and North American Railway B.andN.A.K. 
 Company shall be at all times subject to such general laws in *^''> sn^eot to 
 
 T .. , .^ -, , 1 n,„ generallawa. 
 
 relation, to railroads, as have been or may be hereafter enacted 
 by the legislature of this State. 
 
 Sect. 7. In the construction of a bridge across the Ken- Bridge acnsn 
 duskeag stream, the said railway shall conform to such plans streai^^ ^^ 
 and regulations for the building of said bridge and of two ^^^^*°"'* 
 draws or a pivot draw, for the passage of vessels through said 
 bridge, and for the futui-e management thereof at the expense 
 
140 
 
 ETIEOPEAN AND NOETH AMERICAN RAILWAY. 
 
 of the company, as shall be prescribed by the board of rail- 
 road commissioners. 
 
 Sect. 8. In all cases where the said European and North Amer- 
 Keieasing a ^^^^ Eailway Company has taken six rods in width by the loca- 
 
 portion of j jr ./ , n ^ 
 
 lands, &c., not tion of their hne, and have or may herealter release a portion 
 of the lands, wharves or flats so taken, such release shall not 
 impair their location, though a less width than six rods is re- 
 tained for the use of said railway. 
 
 Ssct. 9. If the line of the European and North American 
 Eailway Company is not built to Lincoln within three years 
 from the date of the approval of this act, and completed to the 
 boundary of New Brunswick within the time limited therefor 
 by law, December thirty-one, eighteen hundred and seventy, 
 this act and the charter of said company shall be null and void. 
 Sect. 10. This act takes effect on its approval by the 
 governor. Approved February 20, 1864. 
 
 to impair 
 location. 
 
 Time of build- 
 ing load, 
 limited. 
 
 E. and N. A. 
 Bailway Co. 
 aid granted for 
 the construc- 
 tion of. 
 60 Me., 461. 
 
 —proceeds of 
 sale of timber 
 on certain 
 townships 
 appropriated, 
 
 —bow designat- 
 ed. 
 
 LAWS OF 1864, CHAP. 401. 
 An act to provide means for the defence of the northeastern frontier. 
 
 Be it enacted, dec. Sect. 1. Whereas, the legislature of 
 Maine by resolves unanimously adopted, and approved by the 
 governor on the thirty-first day of January, in the year of otr 
 Lord one thousand eight hundred and sixty-three, asked prO' 
 tection of the United States government in the language fol- 
 lowing: "Maine expects and earnestly demands, that measures 
 be taken at once by the general government for the protection 
 of its northeastern frontier, and that this can be accomplished 
 only by a military railroad from Bangor to the St. John river," 
 it is hereby enacted, that to aid in the construction of such a 
 line of railway, the proceeds of the sale of timber on ten town- 
 ships of the public lands of this State, which townships shall 
 be designated under the direction of the governor, State treas- 
 urer and land agent, who are constituted a board for this pur- 
 pose, shall be paid into the treasury of the State for the use oi 
 the European and North American Railway Company, upon 
 the terms and conditions hereinafter expressed, and the timbfef 
 on (these ten townships shall be advertised in a newspaper hav' 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 141 
 
 ing the largest circulation in the counties where located, and —timber, how 
 
 three months in two newspapers having the largest circulation 
 
 in the cities of Portland and Bangor. Sealed proposals shall proposaiB Bhaii 
 
 be received by the governor, State treasurer and land agent, ^^ "m'™&c^ 
 
 and a record of the proposals be made and kept in the land 
 
 oflBce, which shall be open to any one after the day of sale, and 
 
 said sale shall be in one-eighth sections of townships ; and all 
 
 moneys, securities or lands received on account of the claims 
 
 of Maine upon the United States government which accrued 
 
 prior to eighteen hundred and sixty, viz : The claims for inter- 
 
 T n • 1 r- 1 TT • 1 c-i o Certain claims 
 
 est on moneys heretofore received from the United States for against u.s. 
 the value of lands assigned to occupants under the fourth arti- app^pr'*'^"^- 
 cle of the treaty of "Washington, and for timber cut on the 
 territory formerly in dispute between the United States and 
 Great Britain, after deducting the expenses of obtaining the 
 same, shall be paid into the treasury of the State for the use 
 of the European and North American Railway Company, on 
 the terms and conditions hereinafter expressed. 
 
 Sect. 2. As soon as said railway company shall have con- 
 structed and completed its line by the running of cars from ^eTeiw^beM- 
 Bangor to Lincoln, and have notified the governor of the State fit of act, <6c. 
 of that fact, and that said company has located its line to the 
 boundary of New Brunsvsdck, and is ready to proceed with the 
 further construction of said railway, it shall be lawful for the 
 governor to approve of said location, and to notify said com- 
 pany of the same, and thereupon the said company shall be 
 entitled to the benefit of the provisions of this act; and there- 
 after as soon as said company shall construct and complete by 
 the running of cars, ten additional miles of railway from Lin- 
 coln toward the mouth of the Mattawamkeag, the governor 
 shall pay over to said company such sum as may then be in 
 the hands of the treasurer derived from the proceeds of such 
 sales of timber; and of such claims, at the rate of ten thou- , 
 sand dollars per mile for said ten miles, or pro rata for any 
 sum then in hand, less than at the rate of ten thousand dol- 
 lars per mile, and so on from time to time at the same rate of ten 
 thousand dollars per mile, or pro rata, as fast as an additional 
 ten miles is completed, until the line shall be completed from 
 
142 
 
 EUROPEAN ANB NORTH AMERICAiT RAILWAY. 
 
 If Massacliu- 
 eetts shall 
 aasign, &c., to 
 m. and N. A. 
 Railway Co, 
 certain claims, 
 &c. 
 
 Governor, &e., 
 may transfer 
 certain lands. 
 
 Proviso. 
 60 Me., 461. 
 
 Farther 
 proviso. 
 
 Bangor to the boundary line of New Branswick 5 and as soon 
 as said railway company shall locate a line from some point in 
 embranchment thereof in a northerly direction toward the 
 Aroostook river, and complete ten miles from said main hne 
 by the running of cars thereon, the governor shall pay to said 
 company at the rate of ten thousand dollars per mile, or pro 
 rata, for each mile of railway so built and completed from 
 their main line in a northerly direction, from the proceeds of 
 the lands and claims hereinbefore set forth, and so on from 
 time to time as an additional ten miles shall be completed by 
 the running of cars, until the entire line of said railway shall 
 be completed to the northern boundary of the State, with a 
 branch line to the St. John river at "Woodstock. 
 
 Sect. 3. In case the commonwealth of Massachusetts shall 
 assign and transfer to the European and North American Eail- 
 way Company, or to the State of Maine in trust for said com- 
 pany, the claims jointly held by her with Maine against the 
 general government, to aid the construction of said railroad, 
 and also release and discharge or assign and transfer the bal- 
 ance due from the State of Maine for the purchase of her in- 
 terests in the public lands lying in Maine, under date October 
 fifth, eighteen hundred and fifty-three, it shall be lawful for 
 the governor, State treasurer and land agent, to transfer to 
 said company all the public lands lying on waters of the 
 Penobscot and St. John Eiver, for the uses and purposes set 
 forth in this act. Provided, however, that there shall be ex- 
 cepted from said conveyance and from the operations of this 
 act, all timber and lumber and lands granted or voted by the 
 present or any preceding legislature, reserving to the State the 
 right to locate such grants within the present year of our 
 Lord eighteen hundred and sixty-four, or within the time or 
 times limited therefor in the several acts or resolves granting 
 the same, all lands heretofore reserved or set apart for public 
 schools, and all lands set apart and designated for settlement 
 under existing laws ; and all the lands set apart for the pur- 
 poses of settlement, shall be sold to settlers, upon the same 
 terms and conditions by the land agent as is now authorized 
 by law. And it is further prbvided, that all lands conveyed 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 143 
 
 to said company under this act, which are in the opinion of 
 the governor, State treasurer and land agent, suitable for set- 
 tlement, shall be surveyed into lots by said company, of suita- 
 ble sizes for the purposes of settlement, not exceeding one 
 hundred and sixty acres to any one lot, which lands shall be 
 open to settlers at a price not exceeding one dollar per acre, 
 on condition of a continued residence thereon for five years, 
 and performance of such settling duties as are now required 
 by the State. And said company is charged with the duty of company, 
 encouraging immigration into the State, and shall be required l^l^^^g"^' 
 to appoint a suitable emigrant agent, and annually publish migration into 
 such plans, statements and other information, as shall give to 
 the public a better knowledge of the extent, value and situa- 
 tion of the public lands of Maine, now open for settlement, 
 and cause this information to be printed in our own and other 
 languages, and distributed into other States of this Union, and 
 into foreign lands. And the legislature of this State shall 
 have the right at all times to inquire into the manner in which Legislature, 
 
 ° ^ rights of. 
 
 these trusts are executed, and to pass any laws that may be 
 necessary, and to impose fines and penalties to secure a com- 
 pliance with the provisions, liabilities and duties hereinbefore 
 set forth and enjoined. Providing and excepting, that no itotIso. 
 lands belonging to the State of Maine, lying within the county 
 of Piscataquis, shall be taken by virtue of this act for the pur- 
 pose of aiding in the construction of the trunk line of the 
 European and North American Railway; but that aU of said 
 lands lying in said county of Piscataquis, shall be and are 
 hereby appropriated under the limitations and restrictions re- 
 lating to other lands herein granted, and shall be applied 
 in aid of the construction of a branch of said railway ex- 
 tending to the slate quarries in the valley of the Pleasant 
 river at Brownville, and to the Katahdin Iron Works, from 
 any point on the line of said railway between Oldtown and 
 Lincoln, as provided in section two of "an act authorizing the 
 further extension of the European and North American Rail- 
 way," passed at the present session of the legislature. 
 
 Sect. 4. All benefits of this act shall be forfeited by said ,.*.,. 
 
 ./ Benefits or act, 
 
 European and North American Railway Company, upon the '''len forfeited. 
 
144 
 
 EUROPEAN Airo NORTH AMERICAN RAILWAY. 
 
 appropriation and use of the proceeds of timber or lands here- 
 by granted to any other purpose than the construction of the 
 main line of said railway or branches into Aroostook and Pis- 
 cataquis counties. 
 
 Sect. 6. This act shall take effect on its approval by the 
 governor. Approved March 24, 1864:. 
 
 LAWS OF 1864, CHAPi 406. 
 
 City of Bangor 
 authorized to 
 loan its credit 
 in aid of the E. 
 and N. A. 
 Railway Co. 
 
 Terms and 
 conditions. 
 
 Scrip, issuing 
 of. 
 
 —how payable. 
 
 Bond for, and 
 payment of, 
 
 An act to authorize the city of Bangor to aid the construction of the 
 European and North American Railway. 
 
 Be it enacted^ <&c. Sect. 1. The city of Bangor is hereby 
 authorized to loan its credit to the European and North Ameri- 
 can Railway Company in aid of the construction of their rail- 
 road, not exceeding, however, five hundred thousand dollars, ^ 
 upon their compliance with the following terms and conditions : 
 
 Sect. 2. If this act shall be accepted as is hereinafter pro- 
 vided, and said company shall within three years from its 
 approval, finish and complete their line of railway from Ban- 
 gor to Lincoln by the running of cars thereon, then such fact 
 shall be certified by the mayor and aldermen of the city to 
 the city treasurer, and he shall forthwith issue to the directors 
 of said company, for the purpose of building, furnishing and 
 completing said road, the scrip of said city payable to the 
 holder thereof, in sums of one thousand doUars each, with cou- 
 pons for interest attached payable semi-annually, the principal 
 payable in thirty years from the date thereof, and all payable 
 in Boston or New York, the same to be signed by the city 
 treasurer and countersigned by the mayor of said city. 
 
 Sect. 3. Concurrent with the issue and delivery of said 
 city scrip as aforesaid, the president and directors of said com- 
 pany, in their official capacity, shall execute and deliver to the 
 said treasurer the bond of said company, the penal sum in said 
 bond to be double the amount of the scrip authorized to be 
 issued at that time ; said bond shall be made payable to said 
 city, and shall be conditioned that said company will duly pay 
 the interest on such scrip of said city as shall be issued at the 
 time of the date of the bond respectively, and also the prin- 
 
ETTEOPEAN AND NORTH AMERICAN RAILWAY. 145 
 
 cipal thereof, according to the tenor of the scrip, and in all re- 
 spects will hold and save harmless the said city on account of 
 the issue of the same ; the said president and directors of said 
 company shall also, in case of the issuing of the scrip of said ^adeu^*°^of 
 city as provided iu section two of this act, and simultaneously 
 therewith, make, execute and deliver to the said city treasurer 
 the scrip of said company payable to the holder thereof, at the 
 same time and for the same amount as the scrip then issued by 
 said treasurer to said company, with like coupons for the in- 
 terest attached ; which said scrip shall be held by said city as 
 collateral security for the fulfilment of the conditions of the said by city as 
 bond; and in default of any one of said conditions, said city '=°''='*®™'- 
 may from time to time sell said scrip, or any portion thereof, — indeauit, 
 by public auction or auctions, iu the cities of Bangor, Boston ™*^ °®"' **'■ 
 or T^ew York, or either of them, after sixty days' notice in 
 writing to the president, or one of the directors, or any three 
 of the stockholders of said company, naming therein the time 
 and place of sale. The net proceeds of all such sales shall be 
 endorsed on said bond. 
 
 Sect. 4. The president and directors of said company are 
 hereby authorized, and it shall be their duty, in their official ca- ™<"*g*Ee of 
 
 . •' ' •" road, &0., to 
 
 pacity, upon the receipt of said city scrip and upon the delivery secure 
 of their bond to said city to secure the payment of the same, cm^^ of 
 to execute and deliver to said city treasurer, a mortgage, with- '"'°'^- 
 out prior incumbrance, of their railroad from Bangor to Lin- 
 coln, and all of the property real and personal of said com- 
 pany, including the franchise thereof ; said mortgage shall be 
 executed according to the laws of this State, and shall be in —how 
 due and legal form, and shall contain apt and sufficient terms «==«<="*»<>> *"• 
 to secure the said city the fulfilment of the conditions in said 
 bond contained. 
 
 Sect. 5. For the purpose of foreclosing said mortgage for Mortgage, 
 conditions broken, it shall be sufficient for the said mayor and *>"'='<>»"re of. 
 aldermen to give notice according to the mode prescribed in _notice of 
 the revised statutes for the foreclosure of mortgages, by pub- ^<>^ gi^^n. 
 Ijcation of notice thereof, which may be published in a news- 
 paper printed in Bangor, and a record thereof may be made 
 within thirty days after the date of the last publication in the 
 
146 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Afiertbree 
 years if condi- 
 tion Is not 
 folfiUed, 
 foreclosure 
 shall be 
 complete. 
 
 In case of 
 neglect of com- 
 pany to pay 
 principal or in- 
 terest on scrip, 
 city of Bangor 
 may take pos- 
 session of road. 
 
 Possession, 
 notice of, &c. 
 how given. 
 
 Receipts of 
 road, how ap- 
 propriated. 
 
 registry of deeds for the county of Penobscot, which publica- 
 tion and record shall be sufficient for the purpose of such fore- 
 closure. Upon the expiration of three years from and after 
 such publication, if the condition shall not within that time 
 have been fulfilled, the foreclosure shall be complete, and 
 shall make the title to said road, and to all the property and 
 franchise aforesaid, absolute in said city. 
 
 Sect. 6. If the directors of said company shall, at any 
 time, neglect or omit to pay the interest, which may become 
 due upon any portion of the scrip issued and delivered under 
 the provisions of this act, or to pay the principal as it shall be^ 
 come due, or to comply with any of the conditions of said 
 bonds, the city of Bangor may take actual possession in the 
 manner hereinafter provided of the whole of said railroad, and 
 of all the property real and personal of the company, and of 
 the franchise thereof, and may hold the same and apply the 
 income thereof to make up and supply such deficiency, and all 
 further deficiencies that may occur while the same are so held, 
 until such deficiencies shall be fuUy made up and discharged. 
 A written notice signed by the mayor and aldermen, and serv- 
 ed upon the president or treasurer, or any director of the com- 
 pany, or if their are none such, upon any stockholder of the 
 company, stating that the city thereby takes actual possession 
 of the whole line of the railroad, and of the property and 
 franchise of the company, shall be a sufficient actual possession 
 thereof, and shall be a legal transfer of all the same, for the 
 purposes aforesaid to the city, and shall enable the city to hold 
 the same against any other claims thereon until such purposes 
 have been fully accomplished. 
 
 Sect. 7. All moneys received by or for the said raUrOad com- 
 pany, after notice as aforesaid, from any source whatever, and 
 by whomsoever the same may be received, shall belong to, and 
 be held for the use and benefit of the city in manner and for 
 the purposes herein provided, and shall, after notice given to. 
 persons receiving the same respectively, be by them paid to 
 the city treasurer, which payment shall be an effectual discharge 
 from all claims of the company therefor ; but if any person, 
 without such notice, shall make payment of moneys so receiv- 
 
EUEOPEAK AND NORTH AMERICAN RAILWAY. 147, 
 
 ed to the treasurer of the company, such payment shall be a 
 discharge of all claims of the city therefor; all moneys re- 
 ceived by the treasurer of the company, after such notice or in 
 his hands at the time such notice may be given, shall be by him 
 paid to the city treasurer, after deducting the amount expended 
 or actually due for the running expenses of the road, for the 
 services of the officers of the company, and for repairs neces- 
 sary for conducting the ordinary operations of the. road. Such 
 payments to the city treasurer shall be made at the end of 
 every calendar month, and shall be by him applied to the pay- 
 ment of. all the interest and principal due as aforesaid. And 
 any person who shall pay or apply any moneys received, as Payments of, 
 aforesaid, in any manner contrary to the foregoing provisions, 
 shall be liable therefor, and the same may be recovered in ^n 
 action for money had and received, in the name of the city 
 treasurer, whose duty it shall be to sue for the same, to be by 
 him held and applied as herein required. 
 
 Sect. 8. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the mayor and aldermen may 
 cause a suit in equity to be instituted in the name of the city 
 of Bangor, in the supreme judicial court, in the county of 
 Penobscot, against said company, directors, .or any other per- 
 son, as may be necessary for the purpose of discovery, injunc- 
 tion, account, or other reHef under the provisions of this act ; 
 and any judge of the court may issue a writ of injunction or —writ, lasning 
 any other suitable process, on any such bill, in vacation or in 
 term time, with or withoiit notice, and the court shall have 
 jurisdiction of the subject matter of such bill, and shall have 
 such proceedings, and make such orders and decrees, as may 
 be within the power, and according to the course of proceedings 
 of courts of equity, as the necessities of the case may require. 
 
 Sect. 9. If the said railroad company shall, after notice of 
 possession as aforesaid, neglect to choose directors thereof, or howchose^i' 
 any other necessary officers, or none such shall be found, the *"^® "^ neglect 
 
 , of company. 
 
 mayor and aldermen ol the city shall appomt a board of direc- 
 tors consisting of not less than seven persons, or any other 
 necessary officers, and the persons so appointed shall have all 
 the power and authority of officers chosen or appointed under 
 
 Iitj unction, &c. 
 
148 
 
 EtTROPEAJSr Am) NOETH AMERICAN RAILWAY. 
 
 City shall 
 appoint one 
 director from 
 among the 
 9tocli:holder3. 
 
 —right to 
 choose, when to 
 
 Lien created 
 as additional 
 protection. 
 
 —how 
 enforced. 
 
 —not deemed 
 waived, &c., by 
 acceptance of 
 other securities. 
 
 Just, acceptance 
 of, &c. 
 
 the provisions of the act establishing said company, and upo? 
 their acceptance such officers shall be subject to all the duties 
 and liabilities thereof. 
 
 Sect. 10. The city shall appoint one of the directors of the 
 said raUroad company from among the stockholders, who shall 
 be chosen annually by the city council in joint ballot, before 
 the annual meeting of said company for the choice of theij 
 officers, who shall have the same authority in transacting the 
 business of said company, and who shall be entitled to like 
 compensation from the company, as any other director. But 
 the right^to choose such director shall cease when the lo^n 
 contemplated is extinguished. 
 
 Sect. 11. As an additional or culmative protection for said 
 city, all liabilities which by said city may be assumed or in- 
 curred under or by virtue of any of the provisions of this 
 act, shall at the time, and by force thereof, and for the secu- 
 rity and payment of the same, create in favor of said city a 
 lien on the whole of said railroad, its franchise, and aU its 
 appendages, and all real and personal property of said rail- 
 road corporation, which lien shall have preference and be prior 
 to all other liens and incumbrances whatever on the said road 
 from Bangor to Lincoln, and all the other property of said rail- 
 road corporation, and said lien shall be enforced and all the 
 rights and interests of said city shall, be protected when neces- 
 sary by suitable and proper judgments, injunction or decrees 
 of Sftid supreme judicial court, on a bill or bills in equity, 
 which power is hereby specially conferred on said court. And 
 it is hereby provided, that the said lien provided for in this 
 section shall not be deemed waived or ineffectual by the ac- 
 ceptance on the part of said city, of any mortgage or other 
 securities contemplated by the provisions of this act or other- 
 wise. 
 
 Sect. 12. This act shall not take effect until it shall have 
 been duly accepted by the said city of Bangor by a vote of 
 the legal voters thereof voting in ward meetings duly ao^ 
 legally called, within eleven months from and after its approval, 
 and by a majority at least of three-fourths of the legal vot# 
 of said city present and voting at said meetings as aforesaili 
 
Vote, return of. 
 
 —if accepted, 
 
 EUROPEAN AND NORTH AMERICAN EAILWAT. 149 
 
 nor sliall said act take effect until the same shall be duly ac- 
 cepted by the city council of said city by concurrent vote of 
 the two boards of said council and by a majority of five- 
 sevenths of the aldermen present and voting and a majority 
 of three-fourths of the common council at a meeting duly 
 called for the purpose, at least thirty days subsequent to its 
 acceptance by vote of the city as hereinbefore provided. The 
 return of such ward meetings shall be made to the aldermen of 
 said city, and by them counted and declared, and said city 
 clerk shall make a record thereof, and if the act shall be ac- 
 cepted as aforesaid, then after such acceptance and record 
 thereof, all the parts bf this act shall take effect and be in full 
 force thereafter. 
 
 Sect. 13. The provisions of this act shall be in force from 
 and after its approval by the governor. Approved March 
 25, 1864. 
 
 LAWS OF 1866, CHAP. 92. 
 
 An act to extend the act entitled "an act to authorize the city of Bangor 
 to aid the construction of the European and North American KaUway." 
 
 Be it enacted^ c&c. Sect. 1. The act entitled "an act to 
 authorize the city of Bangor to aid the construction of the Eu- ch. loe, special 
 ropean and North American Railway," approved March twen- ^™^^g^' 
 ty-fifth, eighteen hundred and sixty-four, is hereby extended 
 for the further term of two years, so that the provisions of 
 said act shall continue in full force and apply to the grant of 
 aid from said city, in case the line of said railway is extended 
 to Lincoln within three years from the time of the approval 
 hereof by the governor. 
 
 Sect. 2. This act shall not take effect until it shall have been 
 
 To be accepted 
 
 duly accepted by the said city of Bangor, by a vote of the by city of 
 
 legal voters thereof voting in ward meetings, duly and legally ^^''s™- 
 
 called, within eleven months from and after its approval, and 
 
 by a majority of at least three-fourths of the legal voters of 
 
 said city, present and voting at said meetings as aforesaid. Returns and 
 
 The returns of such ward meetings shall be made to the alder- i^ecord. 
 
 men of said city, and by them counted and declared, and the 
 
150 
 
 EUEOPEAN WD NORTH AMERICAN RAILWAY. 
 
 clerk of said city shall maJje record thereof, and if the act shall 
 be accepted as aforesaid, then after such acceptance and record 
 thereof, aU the parts of this act shall take effect and be in full 
 force thereafter. Approved February 16, 1866. 
 
 Credit of city 
 may be further 
 loaned to 
 amount of 
 $500,000. 
 
 Conditions. 
 
 City scrip, 
 when and to 
 what amounts 
 to be issued. 
 
 LAWS OP 1866, CHAP. 119. 
 
 An act to authorize the city of Bangor to further aid the construction of 
 the European and STorth American Railway. 
 
 Be it enacted, c&c. Sect. 1. The city of Bangor is hereby 
 authorized to further loan its credit to the European and North 
 American .Kailway Company in aid of the construction of 
 their railroad, not exceeding, however, the additional sum of 
 five hundred thousand dollars, upon their compliance with tie 
 following terms and conditions. 
 
 Sect. 2. If this act shall be accepted as hereinafter provided, 
 and said company shall within two years from its approval; 
 finish and complete their line of railway from the depot of 
 the Maine Central Railroad in the city of Bangor to a point 
 ten miles above a point opposite the Bangor, Oldtown and Mil- 
 ford depot in MUford village, to the approval of the mayor 
 and aldermen, for the time being, of the said city, as a first 
 class railroad, and shall have acquired the right of way accord- 
 ing to law by payment of awards and other land damages, or 
 by a deposit of the amount thereof, with the clerk of the 
 courts as by law required, then such fact shaU be certified by 
 said mayor and aldermen to the treasurer of said city, and he 
 shall forthwith issue to the directors of said company, for the 
 purpose of building and completing said road to Winn, the 
 scrip of said city to the amount of two hundred thousand dol- 
 lars, and on the completion of ten • additional miles of said 
 road in the direction of Winn, and payment of damages, or 
 deposit thereof by said company, as aforesaid, and approval 
 by the mayor and aldermen of said city, for the time being, 
 they shall certify that fact to the city treasurer, who shall forth- 
 with issue to the directors of said company an additional sura 
 of one hundred thousand dollars of the scrip of said city, for 
 the purposes aforesaid; and on the completion of said railway 
 
EUROPEAN AND NOETH AMERICAN RAILWAY. 151 
 
 to the tannery village in the town of Winn, opposite to the Five 
 Islands in Penobscot river, and payment of land damages, or 
 deposit thereof as aforesaid, by said company within three 
 years from the approval of this act, to the approval of the 
 mayor and aldermen of said city, for the time being, they shall 
 certify that fact to the city treasurer, who shall forthwith issue 
 to the directors of said company an additional sum of two hun- 
 dred thousand dollars of the scrip of said city. All of said 
 scrip shall be signed by the city treasurer and countersigned gcnp, how 
 by the mayo'r, for the time being ; be issued in sums not less s'g°«<J> iBsaeS, 
 than one hundred dollars or more than one thousand dollars where payable, 
 each, with coupons for interest attached, payable semi-annually, 
 payable to the holder thereof, in Boston or New York, the 
 principal payable in thirty-five years from the date of the first 
 issue of scrip under this act ; provided the whole amount of ^™^'^''- 
 scrip issued under this act shall not exceed the sum of five 
 hundred thousand dollars; and each issue of said scrip shall 
 bear date of the certificate of the mayor and aldermen to the 
 city treasurer, on the receipt of which he is authorized to issue 
 the same, and all shall be secured by the bond and mortgage 
 hereinafter mentioned, which shall be executed and delivered 
 to the city treasurer on the first issue of said scrip.. 
 
 Sect. 3. Concurrent with the fii-st issue and dehvery of said 
 city scrip as aforesaid, the president and directors of said com- ^^^h"^ of 
 pany, in their official capacity, shall execute and deliver to the ^^™^- 
 said treasurer the bond of said company; the penal sum in 
 said bond to be double the amount of scrip authorized to be 
 issued by this act; said bond shall be made payable to said 
 city, and shall be conditioned that said company will duly pay 
 the interest on such scrip of said city as shall be issued under 
 and by virtue of this act, and also the principal thereof, ac- 
 cording to the tenor of the scrip, and in all respects will hold 
 and save harmless the said city on account of the issue of the scripof co. t* 
 
 - be deliTered 
 
 same ; the said president and directors of said company shall city treasure* 
 also, in case of the issuing of the scrip of said city as provided oouatoiai*^ 
 in section two of this act, and simultaneously therewith, make, eecunty. 
 execute and deliver to the said city treasurer the scrip of said 
 company payable to the holder thereof, at the same time and 
 
152 
 
 EUROPEAN AND NOETH AMERICAN RAILWAY. 
 
 In default of 
 conditions, 
 ■crip may be 
 sold at auction 
 after due notice 
 to company. 
 
 Mortgage and 
 purcbase of 
 railroad 
 secured to city. 
 
 Bond and 
 mortgage to be 
 recorded. 
 
 Foreclosure. 
 
 for the same amount as the scrip then issued by said treasurer 
 to said company, with like coupons for the interest attached^ 
 which said scrip shall be held by said city as collateral secu- 
 rity for the fulfilment of the conditions of the said bond; and 
 in default of any one of said conditions, said city may from 
 time to time sell 'said scrip, or any portion thereof, by pubKc 
 auction or auctions, in the cities of Bangor, Boston or New 
 York, or either of them, after sixty days notice in writing to 
 the president, or one of the directors, or any three of the 
 stockholders of said company, naming therein the time and 
 place of sale. The net proceeds of all such sales shall be en- 
 dorsed on one of said bonds. 
 
 Sect. 4. The president and directors of said company are 
 hereby authorized, and it shall be their duty, in their official 
 capacity, upon the receipt of the first issue of said city scrip 
 and upon the delivery of their bond to said city to secure the 
 payment of the same, to execute and deliver to the city treas- 
 urer a mortgage of their railroad from Bangor to "Winn, and 
 all the property real and personal of said company -and the 
 franchise thereof, without prior incumbrance except the mort- 
 gage to the city of Bangor on said line from Bangor to Lin- 
 coln, as provided in the act entitled "an act to authorize the 
 city of Bangor to aid the construction of the European and 
 North American Kailway," approved March twenty-fifthj 
 eighteen hundred and sixty-four ; said mortgage shall be exe- 
 cuted according to the laws of this State, and shall be in due 
 and legal form and contain apt and sufficient terms to secure 
 the said city the fulfilment of all the conditions in said bond 
 contained. Said bond and mortgage shall be recorded in the 
 registry of deeds of the county of Penobscot, which shall be 
 sufficient to protect the rights of said city, and no other re- 
 cording shall be required. 
 
 Sect. 6. For the purpose of foreclosing said mortgage for 
 conditions broken, it shall be sufficient for the said major and 
 aldermen to give notice according to the mode prescribed in 
 the revised statutes for the foreclosure of mortgages, by pubt 
 cation of notice thereof, which may be published in a news- 
 paper printed in Bangor, and a record thereof may be made 
 
EUBOPEAN ANB NORTH AMERICAN EAILWAT. 153 
 
 within thirty days after the date of the last publication, in the 
 registry of deeds for the county of Penobscot, which publica- 
 tion and record shall be sufficient for the purpose of such fore- 
 closure. Upon the expiration of three years from and after 
 such publication, if the condition sliall not within that time 
 have been fulfilled, the foreclosure shall be complete, and shall 
 make the title to said road, and to all the property and fran- 
 chise aforesaid, absolute in said city. 
 
 Sect. 6. If the directors of said company shall, at any time, 
 neglect or omit to pay the interest which may become due in default by 
 upon any portion of the scrip issued and delivered under the concutiona 
 provisions of this act, or to pay the principal as it shall become herein impoBed, 
 
 ^ ' r .; jr i gjjy J^J^y ^gj^^ 
 
 due, or to comply with any of the conditions of said bond, the possesBion of 
 city of Bangor may take actual possession in the manner here- "" ' 
 inafter provided, of the whole of said railroad, and of all the 
 property, real and personal, of the company, and of the fran- 
 chise thereof, and may hold the same and apply the income 
 thereof, to make up and supply such deficiency and all further 
 deficiencies that may occur while the same are so held, until 
 such deficiencies shall be fully made Up and discharged. A 
 written notice signed by the mayor and a majority of the alder- 
 men of said city, and sefved upon the president or treasurer, 
 or any director of the company, or if there are none such, 
 upon any stockholder of the company, stating that the city 
 thereby takes actual possession of the whole line of the rail- 
 road, and of the whole property and franchise of the company, posjeBBion 
 shall be a sufficient actual possession thereof, and shall be a ^"'^ effected, 
 legal transfer of all the same, for the purposes aforesaid to the 
 city, and shall enable the city to hold the same against any 
 other claims thereon until such purposes have been fully 
 accomplished. 
 
 Sect. 7. All moneys received by or for the said railroad 
 company, after notice as aforesaid, from any grant of congress, Moneys 
 or of the States of Maine and Massachusetts, or any source ''e'=eijedj)y 
 
 ' •' grants, &c., to 
 
 whatever, and by whomsoever the same may be received, shall company to be 
 belong to, and be held for the use and benefit of the city in Mdi^^fy. 
 manner and for the purposes herein provided ; and shall, after 
 notice given to persons receiving the same respectively, be by 
 
154 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Payments to be 
 made monthly. 
 
 Liability of 
 individuals for 
 violation of 
 provisions 
 herein made. 
 
 Suits in equity. 
 
 Injunction. 
 
 Powers of 
 court. 
 
 them paid to the city treasurer, which payment shall be an 
 effectual discharge from all claims of the company therefor; 
 but if any person, without such notice shall make payment of 
 moneys so received, to the treasurer of the company, such 
 payment shall be a discharge of all claims of the city therefor; 
 all moneys received by the treasurer of the company, after 
 such notice, or in his hands at the time such notice may be 
 given, shall be by him paid to the city treasurer, after deduct- 
 ing the amount expended, or actually due for the running ex- 
 penses of the road, for the services of the officers of the com- 
 pany, and for repairs necessary for conducting the ordinary 
 operations of the road. Such payments to the city treasurer, 
 shall be made at the end of every calendar month, and shall 
 be by him applied to the payment of all the interest and prin- 
 cipal due as aforesaid. And any person who shall pay or 
 apply any moneys received as aforesaid, in any manner con- 
 trary to the foregoing provisions, shall be liable therefor, and 
 the same may be recovered in an action for money had and 
 received, in the name of the city treasurer, whose duty it shall 
 be to sue for the same, to be by him held and applied as herein 
 required. 
 
 Sect. 8. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the mayor and aldermen may 
 cause a suit in equity to be instituted in the name of the city 
 of Bangor, in the supreme judicial court in the county of 
 Penobscot, against said company, directors, pr any other per- 
 son, as may be necessary for the purpose of discovery, injunc- 
 tion, account, or other relief under the provisions of this act; 
 and any judge of the court may issue a writ of injunction or 
 any other suitable process, on any such bill, in vacation or in 
 term time, with or without notice, and the court shall have 
 jurisdiction of the subject matter of such bill, and shall have 
 such proceedings, and make such orders and decrees, as may 
 be within the power, and according to the course of proceed- 
 ings of courts of equity, as the necessities of the case may 
 require. ' 
 
 Sect. 9. If the said railroad company shall after notice, of 
 possession as aforesaid, neglect to choose directors thereof, 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 155 
 
 or any other necessary officers, or none such shall be found, in case of 
 
 . . ,-, neglect of co. 
 
 the mayor and aldermen oi the city shall appoint a board to chooBe 
 
 of directors consistina; of not less than seven persons, or any directors mayor 
 
 o jr ? t* and aldermen 
 
 other necessary officers, and the persons so appointed shall may appoint 
 have all the power and authority of officers chosen or appoint- 
 ed under the provisions of the act establishing said company, 
 and upon their acceptance, such officers shall be subject to all 
 the duties and liabilities thereof. 
 
 Sect. 10. Three-fourths of the directors of said company shall 
 be resident citizens of said city, and two of this number shall ''"y directors, 
 
 ■^ ' when and how 
 
 be appointed by the city council, and shall be chosen annually, chosen and 
 by the city council in joint ballot, before the annual meeting H^^" ^ ° 
 of said company for the choice of their officers, who shall have 
 the same authority in transacting the business of said com- 
 pany, and who shall be entitled to like compensation from the 
 company, as any other directors. But the ■ right to choose 
 such directors shall cease when the loan contemplated is extin- 
 guished. 
 
 Sect. 11. As an additional or culmative protection for said 
 city, all liabilities which by said city may be assumed or in- 
 curred under or by virtue of a|py of the provisions of this act, 
 shall at the time, and by force thereof, and for the security 
 and payment of the same, create in favor of said city, a lien 
 on the whole of said railroad, its franchise, and all its appen- 
 dages, and all real and personal property of said railroad cor- 
 poration wherever situated, which lien shall have preference 
 and be prior to all other liens and incumbrances whatever, ex- 
 cept as aforesaid, on the said road and on all the other prop- 
 erty of said railroad corporation, and said lien shall be en- 
 forced and all the rights and interests of said city shall be pro- same and how 
 tected when necessary, by suitable and proper judgments, ^^'°''^- 
 injunction or decrees of said supreme judicial court, on a bill 
 or bills in equity, which power is hereby specially conferred 
 on said court. And it is hereby provided, that the said lien 
 provided for in this section shall not be deemed waived or inef- 
 fectual by the acceptance on the part of said city, of any mort- 
 gage or other securities contemplated by the provisions of 
 this act, or otherwise. * 
 
156 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Acceptance of 
 act, when and 
 how made. 
 
 Proceedings at 
 meeting, 
 returns and 
 record. 
 
 Sect. 12. This act shall not take effect until it shall have 
 been duly accepted by said city of Bangor, by a vote of the 
 legal voters thereof, voting in ward meetings duly and legally 
 called, within eleven months from and after its approval, and 
 by a majority of, at least, three-fourths of the legal voters of 
 said city present and voting at said meetings as aforesaid; nor 
 shall said act take effect until the same shall be duly accepted 
 by the city council of said city, by concurrent vote of the two 
 boards of said council, and by a majority of five-sevenths of 
 the aldermen, present and voting, and a majority of three- 
 fourths of the common council at a meeting duly called for the 
 purpose, at least thirty days subsequent to its acceptance by 
 vote of the city as hereinbefore provided. The returns of 
 such ward meetings shall be made to the aldermen of said city, 
 and by them counted and declared, and the clerk of said city 
 shall make a record thereof, and if the act shall be accepted 
 as aforesaid, then after such acceptance and record thereof, all 
 the parts of this act shall take effect and be in full force there- 
 after. 
 
 Sect. 13. The provisions of this act shall be in force from 
 and after its approval by the governor. Approved Fehrudtij 
 20, 1866. 
 
 Extension of 
 time for 
 construction 
 to Lincoln. 
 
 Alteration, &c., 
 of location. 
 
 LAWS OF 1866, CHAP. 146. 
 
 An act to extend the time for the completion of the European and North 
 American Railway and to enlarge the powers of said company. 
 
 Be it enacted, c&c. Sect. 1. A further time of one year in 
 addition to the time specified in the act approved February 
 twentieth, in the year of our Lord one thousand eight bundi'ed 
 and sixty-four, entitled "an kct authorizing the further exten- 
 sion of the European and North American Kailway," is here 
 by allowed to the European and North American Railway 
 Company for the construction of its line of railway to the 
 town of Lincoln. 
 
 Sect. 2. During the period aforesaid, the said company may 
 alter or amend any part of its location between Bangor and 
 iJQColn, subject to the provisions and regulations of the Btat- 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 157 
 
 utes of this State in i-elation to the location of railways and 
 the damages occasioned thereby. 
 
 Sect. 3. A further time of two years in addition to the time 
 now limited by law is hereby allowed for the completion of time for 
 said line of railway to the boundary of JSfew Brunswick, and construction to 
 
 •' •' ' _ N. Brunswick. 
 
 all rights, privileges and grants heretofore appertaining to said 
 company, are hereby continued for the extended times afore- 
 said. 
 
 Sbot. 4. The said corporation may enter into contracts for 
 the construction and completion of any connecting lines of ^°^ll^l^gj^af 
 railway, which have been, or which hiay hereafter be author- connecting 
 ized by law, within the provinces of IS'ew Brunswick or Ifova 
 Scotia; and may also acquire, by lease, or purchase, any such Lease or pur- 
 connecting lines as aforesaid ; and for the purposes aforesaid, "^^^ "^ ^"*' 
 may issue the bonds or other evidences of debt of the said cor- 30^35 
 poration and secure the same by mortgage of its railway and mortgage, &c. 
 appurtenances, or by mortgage of the railway and appurte- 
 nances of any such connecting line or lines of railway; and for ^^ j^^, 
 such purposes may increase its capital stock, by vote of its stock- 
 holders, to an amount not exceeding five millions of dollars. 
 
 Sect. 5. The said corporation may hold timber and lands, 
 by grant from the State of Maine, in accordance with the pro- lands, 
 visions of the act approved March twenty-four, eighteen hun- 
 dred sixty-four, entitled "an act to provide means for the de- 
 fence of the northeastern frontier," and may sell and convey conv^^ce of 
 the same for the purpose of raising money for the construction 8*™«- 
 of its main line of railway in this State or the branches thereof 
 mentioned in the said act, and may convey the same in mort- 
 gage to trustees, as security for bonds or certificates of indebt- 
 edness issued for the purpose aforesaid, and may create by 
 deed, such trusts as may be deemed necessary to secure the 
 accomplishment of the object contemplated by the said act; Deeds, 
 and all lands so held, shall be subject to disposal by trustees 
 or by said corporation, as may be provided in such deed of 
 trust; and the said lands may be disposed of by sale under 
 any such mortgage as aforesaid, separated from the road-bed, 
 track and franchise of the corporaticm, without in any way 
 affeQting the title to said railroad. And in case of any failure 
 
158 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Foreclosure, 
 eale, &c. 
 
 Proceeds. 
 
 to fulfil the conditions of any such mortgage of said lands on 
 the part of the said corporation, it shall be lawful for the 
 holders of one-fifth of the mortgage construction land bonds 
 of said corporation to call upon the trustees to foreclose the 
 said mortgage ; and it shall be the duty of the said trustees, 
 or a majority of them, to make sale of all such lands to the 
 highest bidder, after six months notice, and apply the proceeds 
 to the payment of the bonds so secured on said lands ; and any 
 balance, after paying said bonds and interest in full, and all 
 expenses of such proceedings, shall be paid into the treasury 
 of the said corporation ; and in case the proceeds of such sale 
 shall be insnfiicient for the payment of the said bonds in full, 
 the said sale and transfer of said lands shall in no wise vitiate 
 or impair the security of said bonds and mortgage on the rail- 
 road of the said corporation. 
 
 Sect. 6. This act shall take effect when approved by the 
 governor. Approved February 21, 1866, 
 
 LAWS OF 1867, CHAP. 256. 
 
 Be it enacted, &c. Sect. 1. The Portland, Saco and 
 p s & p Portsmouth Railroad Company is hereby authorized to sub- 
 
 raiiroadau- scribc to the Capital stock of the European and North Ameri- 
 
 tfaorized to take -r-».i/^ i .itii/* 
 
 »50o,oooof8tock can Jiailway (Jompany, or to the construction land bonds ol 
 raik ^ ^ ^ ®^^^ company, or in such other form as the two companies may 
 , agree, a sum not exceeding five hundred thousand dollars. 
 
 And said Portland, Saco and Portsmouth Eailroad Company 
 may increase its capital stock to such an amount as they may 
 pay over to the European and North American Railway Com- 
 pany to aid the construction of its line, but not to exceed in 
 all five thousand shares of capital stock in addition to that 
 now authorized by law. And said Portland, Saco and Ports- 
 mouth Railroad Company may loan its bonds to the amount 
 of five hundred thousand dollars to said European and North 
 American Railway Company in lieu of a subscription to the 
 stock or bonds of said last named company, on such terms as 
 the two corporations may agree upon by vote of the stock 
 holders thereof respectively. 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved February 12, 1867. 
 
lineofE. &N. 
 A. B. author- 
 
 EUEOPEAN AND NORTH AMERICAN RAILWAY. 139 
 
 LAWS OF 1868, CHAP. 502. 
 
 An act to authorize the European and North American Railway Company 
 and the city of Bangor to construct sidewalks over tide waters. 
 
 Be it enacted, c&c. Sect. 1. The European and North 
 American Railway Company, its successors and assigns, and 
 the city of Bangor, are hereby authorized to construct and Sidewalks 
 
 . , . T across bridge 
 
 maintain within the limits of the land taken by said company ana docks on 
 for its railway, a sidewalk on each side of the railway bridge 
 erected by said company across the Kenduskeag stream in ized 
 Bangor, and across the dock or slip next easterly from said 
 stream. 
 
 Sect. 2. Said company and said city are authorized to make 
 any contract with each other for the construction and repairs 
 of said sidewalks, which sidewalks, when accepted by the &«. 
 mayor and aldermen of said city, shall be free from toll, and 
 shall be kept in a safe condition and convenient for foot pas- froi^toii™ 
 sengers. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 jproved February 14, 1868. 
 
 LAWS OF 1868, CHAP. 543. 
 
 An act to extend the time for the completion of the European and North 
 "* American Railway to Lincoln, and to amend its location. 
 
 Construction, 
 
 Time for com- 
 pletion to Lin- 
 
 Be it enacted, c&c. Sect. 1. A further time of two years 
 from the twenty-first day of February, eighteen hundred and 
 sixty-eight, is hereby allowed to the European and North coin, extended 
 American Railway Company within which to complete its 
 line of railway to the town of Lincoln. 
 
 Sect. 2. Said railway company may have a further time of 
 one year from and after the approval of this act by the gov- Time further 
 ernor to alter and amend any part of its location between the yearftr es^b- 
 town of Lincoln, throusrh the village of "Winn, to the eastern listing location 
 
 , 1 ,. , o , . , . . ofroadtoWinn. 
 
 boundary ot the State, subject to the provisions and regula- 
 tions of the statutes of the State relating to the location of 
 railways and.the adjustment of damages occasioned thereby. 
 Nothing in this act shall be construed to relieve said company Proviso. 
 from constructing said railroad to the village of Winn. 
 
160 
 
 i^lUROP^N AND NOKTH AMERICAN KAILWAT. 
 
 Sect. 3. This act shall take effect when approved. A;p. 
 proved February 20, 1868. 
 
 Preamble. 
 
 Amount of 
 loan. 
 
 Upon comple- 
 tion of road to 
 Milford, pay- 
 ment of awards, 
 &c., or deposits 
 for same, city 
 treasurer to.be 
 notified, who 
 shall issue for 
 completion of 
 road to Winn 
 city scrip to 
 amount of 
 $150,000. 
 
 When com- 
 pleted ten miles 
 above Milford 
 under same 
 conditions, 
 farther issue of 
 scrip to amount 
 of $100,000 to 
 be made. 
 
 LAWS OF 1868, CHAP. 572. 
 
 An act to authorize the city of Bangor to loan its credit to aid in the con- 
 gtruction of the European and North American Railway. 
 
 Whereas, Two acts have heretofore been passed and are now 
 in force, each authorizing the city of Bangor to loan its credit 
 to the amount of five hundred thousand dollars to the Euro- 
 pean and North American Railway Company, in aid of the 
 construction of their railroad ; now, for the purpose of consol- 
 idating said loans, rendering but one mortgage necessary for 
 the security of said city and for other purposes. 
 
 Be it enacted, c&c. Sect. 1. The city of Bangor is hereby 
 authorized to loan its credit to the European and North Amer- 
 ican Railway Company in aid of the construction of their 
 railroad, not exceeding, however, one million dollars, upon 
 their compliance with the following terms and conditions: 
 
 Sect. 2. If this act shall be accepted, as hereinafter pro- 
 vided, and said company shall, within one year from its ap- 
 proval, finish and complete their line of railway from the depot 
 of the Maine Central Railroad, in tlie city of Bangor, to Mil- 
 ford village, to the approval of the mayor and aldermen for 
 the time being of the said city, as a first class railroad, and 
 shall have acquired the right of way according to law, by pay- 
 ment of awards and other land damages, or by a deposit of 
 the amount thereof with the clerk of the courts, as by law 
 required, then such fact shall be certified by said mayor and 
 aldermen to the treasurer of said city, and he shall forthwith 
 issue to the directors of said company, for the purpose of build- 
 ing and completing said road to Winn, the scrip of said city 
 to the amount of one hundred and fifty thousand dollars; and 
 on the completion of said road in the direction of Winn to a 
 point ten miles above Milford village, and payment of damages 
 or deposit thereof by said coinpany, as aforesaid, and approyal 
 by the mayor and aldermen of said city, for the time being, 
 they shall certify that fact to the city treasurer, who shajl 
 
On completion 
 to Passadum- 
 
 EUEOPRA.N' AND NOETH AMERICAN BAIL WAT. 161 
 
 forthwith issue to the directors of said company an additional 
 
 sum of one hundred thousand dollars of the scrip of said city, 
 
 for the purposes aforesaid ; and on the completion of said road 
 
 to Passadumkeag stream, and payment of damages, or deposit 
 
 thereof by said company, as aforesaid, and approval by the keag stream 
 
 mayor and aldermen of said city for the time being, they shall ditions,$ioo,- 
 
 certify that fact to the city treasurer, who shall forthwith issue ooo to be issued. 
 
 to the directors of said company an additional sum of one 
 
 hundred thousand dollars of the scrip of said city for the pur 
 
 poses aforesaid; and on the completion of said road to Lincoln on completion 
 
 village, and payment of damages or deposit thereof by said *" Lincoln, 
 
 t> ^ r J o r ./ further amount 
 
 company, as aforesaid, and approval by the mayor and alder- of $350,000 in 
 men of said city for the time being, they shall certify that fact jgaaed"'' 
 to the city treasurer, who shall forthwith issue to the directors 
 of said company an additional sum of three hundred and fifty 
 thousand dollars of the scrip of said city for the purposes 
 ' aforesaid ; and on the completion of said railway to the Tan- 
 nery village, or to a point near to the same in the town of fgp^oMto b' 
 Winn, opposite to the Five Islands in Penobscot river, and made when 
 payment of land damages or deposit thereof, as aforesaid, by T^nery 
 said company, within two years from the approval of this act, '^^^se< 
 to the approval of the mayor and alderinen of said city for the 
 time being, they shall certify that fact to the city treasurer, 
 who shall forthwith isSue to the directors of said company an 
 additional sum of three hundred, thousand dollars of the scrip 
 of said city. 
 
 All of said scrip shall be signed by the city treasurer and 
 countersigned by the mayor for the time being : be issued in ^"^' ^""^ 
 
 o J •! o ' Signed, issued, 
 
 sums not less than one hundred dollars nor more than five amd when and 
 thousand dollars each, with coupons for interest attached, pay- '"''^" p*?*^ *• 
 able semi-annually, payable to the holder thereof in Bangor, 
 Boston or. New York, the principal payable in twenty-five 
 years from the date of the first issue of scrip under this act ; 
 provided, the whole amount of scrip issued under this act Limit of scrip, 
 shall not exceed the sum of one million dollars; and each issue ''"Y"®^^!* 
 
 ^ ana secured. 
 
 of said scrip shall bear date of the certificate of the mayor 
 and aldermen to the city treasurer, on the receipt of which he 
 is authorized to issue the same, and all shall be secured by the 
 
162 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Bailroad to 
 issue bond to 
 city in double 
 amount of scrip 
 of city. 
 
 Conditions of 
 same. 
 
 Company 
 further requir- 
 ed to issue its 
 scrip to city in 
 equal amount 
 of city scrip. 
 
 Same to be held 
 - as collateral 
 security and 
 sold by city in 
 default of con- 
 ditions. 
 
 ^Company upon 
 receipt of first 
 issue of city 
 scrip to execute 
 and deliver to 
 city treasurer 
 mortgage of 
 road, corporate 
 property and 
 
 : franebise. 
 
 bond and mortgage hereinafter mentioned, which shall be exe- 
 cuted and delivered to the city treasurer on the first issue of 
 said scrip. 
 
 Sect. 3. Concurrent with the first issue and delivery of said 
 scrip as aforesaid, the president and directors of said company, 
 in their official capacity, shall execute and deliver, or cause to 
 be executed and delivered, to the said treasurer the bond of 
 said company, the penal sum in said bond to be double the 
 amount of scrip authorized to be issued by this act; said bond 
 shall be made payable to said city, and shall be conditioned 
 that said company will duly pay the interest on such scrip of 
 said city as shall be issued under and by virtue of this act, and 
 also the principal thereof, according to the tenor of the scrip, 
 and in all respects will hold and save harmless the said city on 
 account of the issue of the same; the said president and direc- 
 tors of said company shall also, in case of the issuing of the 
 scrip of said city as provided in section two of this act, and 
 simultaneously therewith, make, execute and deliver, or 
 cause to be be made, executed and delivered to the said 
 city treasurer, the scrip of said company, payable to the 
 holder thereof, at the same time and for the same amount as 
 the scrip then issued by said treasurer to said company, with' 
 like coupons for the interest attached, which said scrip shall 
 be held by said city as collateral security for the fulfilment of 
 the conditions of the said bond ; and in default of any one of 
 said conditions, said city may from time to time sell said scrip, 
 or any portion thereof, by public auction or auctions in the 
 cities of Bangor, Boston or New York, or either of them, 
 after sixty days' notice, in writing, to the president or one of 
 the directors, or any three of the stockholders of said company, 
 naming therein the time and place of sale. The net proceeds 
 of all such sales shall be endorsed on said bond. 
 
 Sect. 4. The president and directors of said "company are 
 hereby authorized, and it shall be their duty, in their official 
 capacity, upon the receipt of the first issue of said city scrip, 
 and upon the delivery of their bond to said city to secure the 
 payment of the same, to execute and deliver, or cause to be 
 executed and delivered, to the city treasurer, a mortgage of 
 
EUROPEAN AKD NORTH AMERICAN RAIL WAT. 163 
 
 their railroad, from its terminus in Bangor to said Tannery 
 village, or near thereto in the town of Winn, to and including 
 a depot and tiirn-table there, and all the land and personal 
 property held and used by said company for the construction 
 and working of said road between said two points, with all the 
 fixtures, appendages and appurtenances thereof, and the whole 
 franchise of said company to the Une of the State, without 
 prior incumbrance, also all the rolling stock which shall be 
 owned by said company on said road through its entire extent 
 from Bangor to the east line of the State, provided however, Proviso as to 
 if said road shall be built by said company from said town of ^^ fOT^iosm-e 
 "Winn to the east line of the State, and furnished and equipped "^ portion of 
 
 ' 1 rr rolling stock if 
 
 With simcient rolling stock for operating the same, and the said road is 
 city of Bangor shall take possession of the mortgaged portion ^^n^'*'* *° 
 of said road under any provisions of this act. Then one-third 
 of all the rolling stock of said company shall be released by 
 said mortgagees and set out on demand of said company by 
 the railroad commissioners for time being, who shall also de- 
 termine upon the sufficiency of said stock as aforesaid. Said 
 mortgage shall be executed according to the laws of this State, ^"^"^"^0^ 
 and sliall be in due and legal form, and contain apt and suifi- of san^e. 
 cient terms to secure the said city the fulfilment of all the 
 conditions in said bond contained. Said bond and mortgage 
 shall be recorded in the registry of deeds of the county of 
 Penobscot, which shall be sufficient to protect the rights of 
 said city, and no other recording shall be required. 
 
 Sect. 5. For the purpose of foreclosing said mortgage for proceedings in 
 conditions broken, it shall be sufficient for the said mayor and e^eoting fore- 
 
 . . 1. 1 closure. 
 
 aldermen to give notice according to the mode prescribed in 
 the revised statutes for the foreclosure of mortgages, by publi- 
 cation of notice thereof, which may be published in a newspa- 
 per printed in Bangor, and a record thereof may be made 
 within thirty days after the date of the last publication in the 
 registry of deeds for the county of Penobscot, which publica- 
 tion and record shall be sufficient for the purpose of such fore- 
 closure. Upon the expiration of three years from and after 
 such publication, if the condition of said mortgage shall not 
 within that time have been fulfilled, the foreclosure shall be 
 
164 
 
 EUEOPEAN AND NORTH AMERICAN RAILWAY. 
 
 Bights of com- 
 pany under 
 charter there- 
 after vested in 
 city as a cor- 
 poration. 
 
 complete, and shall make the title to said franchise, and to all 
 the property covered by said mortgage, absolute in said city. 
 And said city, its successors and assigns, shall thereupon be 
 constituted a company incorporated and chartered as of the 
 day of the coi^pletion of the foreclosure, and shall have and 
 possess all legal rights, powers and immunities which pertained 
 to said original company at the time of said foreclosure, except 
 so far as the exercise and enjoyment of the same may be neces- 
 sary to the corporation for the convenient and profitable man- 
 agement and control of that part of said road not included in 
 the mortgage to the city, which excepted rights, powers and 
 immunities shall be retained by the said company or its as- 
 
 Non-payment 
 of interest or 
 principal, or 
 non-fiilfilment 
 of bond by 
 directors, city 
 authorized to 
 take possession 
 of road, Sec. 
 
 Beserration as 
 to portions of 
 road not cover- 
 ed by mortgage. 
 
 Possession, how 
 taken. 
 
 Sect. 6. If the directors of said company shall at any time 
 neglect or omit to pay the interest which may become due upon 
 any portion of the scrip issued and delivered under the pro- 
 visions of this act, or to pay the principal as it shall become 
 due, or to comply with any of the conditions of said bond, the 
 city of Bangor may take actual possession in the manner here- 
 inafter provided of said franchise and of that part of said rail- 
 road, and of all the property real and personal of the company 
 which is covered by said mortgage, and may exercise all the 
 rights, privileges and powers conferred on said company by its 
 franchise, so far as the exercise and enjoyment of the same may 
 be necessary to the convenient and profitable management and 
 control of that part of said road mortgaged to the city, not 
 interfering, however, with the exercise and enjoyment by said 
 company or its assigns of the like rights, privileges and power! 
 under said franchise in the working and management of that 
 part of the road not mortgaged to said city, and may hold the 
 same and apply the income thereof to make up and supply 
 such deficiency and all further deficiencies that may occur 
 while the same are so held, until such deficiencies are ftUy 
 made up and discharged. A \\:ritten notice, signed by the 
 mayor -and a majority of the aldermen of said city, and served 
 upon the presideijit or treasurer, or any director of the com- 
 pany, or if "there are none such, upon any stockholder of the 
 company, stating that the city thereby takes actual possession 
 
EUEOPEAN AND NORTH AMERICAN RAILWAY. 165 
 
 of said franchise and of that part of the line of the railroad, 
 and of all the property of said company, real and personal, 
 which is covered by said mortgage, shall be a sufficient actual 
 possession thereof, and shall be a legal transfer of all the 
 same, for the purposes aforesaid, to the city, and shall enable 
 said city to hold the same, including all the fuel, oil and tools 
 of said company covered by said mortgage, and all of said 
 rolling stock, against any other claims thereon until such pur- 
 poses have been fully accomplished ; provided however, if said proviso as to 
 company shall furnish and equip" the whole line of said road, portion of rou- 
 as provided in section four of this act, said city shall, after 
 having taken possession of said rolling stock, set out one-third 
 part of the same to said company on demand, as provided in 
 said section four. 
 
 Sect. 7. Said city having taken possession of said mort- 
 gaged property in the manner and for the purposes provided 
 in section six, shall have authority and power as fully as a in nlnagement 
 board of directors of said company, for the time beintj, to take °^ ^°^ *'"' ^ 
 
 ■■^ ■' ' °' disposition of 
 
 charge of and manage said road, to appoint the requisite of- earnings, 
 iicers and agents and to discharge the same, to fix the rate of 
 fare and tolls, subject to the restrictions of the charter of said 
 company, and to demand and receive the same, with the right 
 to prosecute and defend suits in the name of said company, 
 and to do all things which said company itself or the directors 
 of said company might or could do ; and after paying the run- 
 ning expenses, may apply sufficient of the earnings of said 
 road to keep it, its buildings and equipments, in repair, and to 
 prevent any deterioration thereof, and to provide for such new 
 rolling stock as may be necessary, and then shall apply the 
 residue of said earnings to the payment of the interest cou- wiienobuga- 
 pons and scrip aforesaid; and whenever said interest and all panytooityare 
 dishonored coupons, script or bonds secured by said mortgage '^^"''^'p* 
 
 1 ' -I •! o o possession of 
 
 shall have been paid, said city shall relinquish the control of road shaii be re- 
 said road and deliver any property of said company in its '*""* 
 possession to said company or its assigns ; provided however, proviso as to 
 said city, or its officers or agents, while operating said road, "^wuty of city, 
 under the provisions of this section, shaU not be liable except to apply earn- 
 for malfeasance or fraud, and shall have the right to apply any of^a^^^*"* 
 
166 
 
 EITEOPEAN AND NOETH AMERICAN RAILWAY. 
 
 Difficulties 
 arising between 
 city and com- 
 pany affecting 
 portion of road 
 not mortgaged, 
 to be referred 
 to railroad 
 commissioners. 
 
 Suits. 
 
 Injunctions. 
 
 Powers of S. J. 
 court In rela- 
 tion to same. 
 
 Powers of direc- 
 tors of company 
 suspended in 
 certain matters 
 during posses- 
 sion by city. 
 
 proceeds received from the earnings of said road, to pay any 
 damages that may or shall arise in the operating and manag- 
 ing of said road, for which said city shall be liable in law to 
 third parties ; and provided further, in case any difficulty 
 shall arise while said city is in possession of the mortgaged part 
 of said road, with the company or its assigns who may be op- 
 erating that part of the road not included in said mortgage to 
 said city, as to times of running trains, as to making connec- 
 tions, or the proper rate of dividing the through fare, or of 
 running cars of one party over that section of the road oper- 
 ated by the other, then such difficulty shall be referred to and 
 settled by the railroad commissioners for the time being, upon 
 whom is hereby conferred the same powers in relation to the 
 said two sections of this road, which they would have, by law, 
 if each of these two sections belonged to independent corpor- 
 ations. 
 
 Sect. 8. For the purposes of effecting the objects pre- 
 scribed in the two preceding sections, the mayor and alder- 
 men may cause a suit iu equity to be instituted, in the name of 
 the city of Bangor, in the supreme judicial court in the coun- 
 ty of Penobscot, against said company, directors, or any other 
 person, as may be necessary for the purpose of discovery, in- 
 junction, account or other relief under the provisions of this 
 act, and any judge of the court may issue a writ of injunction, 
 or any other suitable process, on any such bill, in vacation or 
 in term time, or with or without notice, and the court shall 
 have jurisdiction of the subject matter of such bill, and shall 
 have such proceedings and make such orders and decrees as 
 may be within the power and according to the course of pro- 
 ceedings of courts of equity, as the necessities of the ease may 
 require. 
 
 Sect. 9. After said city shall have taken possession of the 
 mortgaged property and said franchise under and in accordance 
 with the provisions of section six, and' while it shall be in the 
 exercise of the power conferred upon it by the provisions of 
 section seven, the exercise by the directors of the powers con- 
 ferred upon them by the charter or by-laws, shall be suspended 
 so far as this, that any act of theirs that shall hinder, obstruct 
 
EUROPEAN AND NOETH AMERICAN RAILWAY. 167 
 
 or impede said city in the exercise of any of the powers con- 
 ferred upon it by the provisions of sections six and seven, shall, 
 so far as said acts may hinder, obstruct or impede, be void and 
 of no effect, and the said city shall have the same right to ex- 
 ercise such powers as if no board of directors existed. 
 
 Sect. 10. Three-fourths of the directors of said company 
 
 ^ " Directors, how 
 
 shall be resident citizens of said city, and three of this num- appointed, &c. 
 ber shall be appointed by the city council, and shall be 
 chosen annually by the city council in joint ballot, before the 
 annual meeting of said company for the choice of their of- 
 ficers, who shall have the same authority in transacting the oompenaation 
 business of said company, and who shall be entitled to like of same, 
 compensation from the company as any other directors, but 
 the right to choose such directors shall cease when the loan 
 contemplated is extinguished. 
 
 Sect. 11. As an additional or cumulative protection for Liabilities in- 
 said city, all liabiUties which by said city may be assumed or ourredoraB- 
 
 ~ „ i n , . sumedbycity 
 
 incurred under or by virtue of any of the provisions of this to create a lien 
 act, shall at the time, and by force thereof, and for the securi- ''°™**' *"• 
 ty and payment of the same, create in favor of said city a lien 
 on the entire franchise of said company, and on all their rail- 
 road from its terminus in Bangor to and including their said 
 depot and turn-table in the town of Winn, and all the land 
 held and used by said company for the construction and work- 
 ing of said road between said two points, with all its ap- 
 pendages and appurtenances thereof and all the personal prop- 
 erty of said company, including all the fuel, oil, tools, and 
 rolling stock of said company, between said two points, which 
 hen shall have preference and be prior to all other liens and ^™"*yof •i™- 
 incumbrances on all of said road between said two points, and 
 said franchise, and all the aforesaid personal property of said 
 company; and said lien shall be enforced, and all the rights and 
 interests of said city shall be protected when necessary by 
 suitable and proper judgments, injunctions or decrees of the How enforced, 
 supreme judicial court, on a bill or bills in equity, which pow- 
 er is hereby specially conferred on said court ; and it is hereby 
 provided, that the said lien provided for in this section shall 
 not be deemed waived or ineffectual by the acceptance of said 
 
168 
 
 EUROPEAN AND NORTH AMERICAN RAELWAT. 
 
 Lien not waived city of any mortgage or other security contemplated by the 
 by^OTptanceof provisions of tliis act or otherwise, and taking possession of 
 city of mort- gai(j mortgaged property nnder any of the provisions of this 
 act, shall not be a waiver of the foreclosure of said mortgage. 
 Sect. 12. This act shall not take effect until it shall havfe 
 
 gage, &c. 
 
 Meetings for 
 acceptance of 
 charter and 
 proceedinga 
 therein. 
 
 been duly accepted by said city of Bangor by a vote of the 
 legal voters thereof voting in ward meetings duly and legally 
 called within eleven months from and after its approval) ahd 
 by a majority of at least three-fourths of the legal voters of 
 said city present and voting at said meetings as aforesaid, nof 
 shall said act take effect until the same shall be duly accepted 
 by the city council of said city by concurrent vote of the two 
 boards of said council, and by a majority of two-thirds of the 
 aldermen present and voting, and a majority of two-thirds of 
 the common council at a meeting duly called for the purpose, 
 at least thirty days subsequent to its acceptance by vote of the 
 city, as hereinbefore provided. The returns of such ward 
 meetings shall be made to the aldermen of said city, and by 
 them counted and declared, and the clerk of said city shall 
 make a record thereof, and if the act shall be accepted as 
 aforesaid, then after such acceptance and record thereof all 
 the parts of this act shall take effect and be in full force there- 
 after; and an act entitled "an act to authorize the city of 
 Bangor to aid the construction of the European and North 
 American Railway," approved March twenty-five, eighteen 
 hundred and sixty-four, and an act entitled "an act to author- 
 ize the city of Bangor to further aid the construction of the 
 European and North American B,ailway," approved Eebrnary 
 twenty, eighteen hundred and sixty-six, shall be void and of 
 no further effect. 
 
 Sect. 13. This act shall take effect when approved. Ap- 
 proved February 24, 1868. 
 
EUEOPEAN AND NOETH AMERICAN RAILWAY. 169 
 
 LAWS OF 1868, CHAP. 604. 
 
 An act to aid in the construction of the European and Korth American 
 
 Railway. 
 
 Be it enacted^ c&c. Sect. 1. The governor of the State is 
 hereby authorized and empowered to transfer and convey by 
 deed to the European and North American Railway Compaiiy, Qovemorau- 
 
 ^ . CI • ' thorized to oon- 
 
 all the timber and lands belonging to the State situated upon veybydeedto 
 the waters of the Penobscot and of the St. John rivers, to be fii^t^^n^ 
 used, by said company to aid in the construction of its line of and timber on 
 
 V73i1jfiFB of 
 
 railway as contemplated and provided for in an act entitled Penobscot and 
 "an act to provide means for the defence of the northeastern ^'- Joi^riTers. 
 frontier," approved March fourth, in the year of our Lord one 
 thousand eight hundred sixty-four, and an act approved Febru- 
 ary twenty-first, eighteen hundred sixty-six, and subject to all ^^^ oration 
 reservations contained in and the obligations imposed by said reueved of ob- 
 acts, except that said company is hereby relieved frbm the ob- debtor Maine 
 ligation to pay the balance due from this State to Massa- *° Massaoiiu- 
 
 ° . . setts for lands 
 
 chusetts, as required by said act of eighteen hundred sixty- purchased. 
 four ; 2}rovided however, that the State or purchaser shall have 
 until the year eighteen hundred eighty-four, instead of eighteen timb^rontown- 
 hundred seventy-four, to r«move or cause to be removed the ships reserved 
 
 *' for school flind. 
 
 timber and lumber on the ten townships of land reserved for 
 the common school fund by a resolve approved March twenty- 
 one, eighteen hundred sixty-four, entitled "A resolve relating 
 to an appropriation for common schools," such townships to be 
 selected within six months from the passage of this act, and 
 record of the same made in the land office; and provided fur- 
 ther, that the proceeds of timber and lands hereby granted, ^^^j'^nd 
 or any money which may be raised on a mortgage or sale lands to be ap- 
 thereof, as provided by said act of eighteen hundred sixty-six, construction of 
 or by the conveyance under this act, shall be applied solely to ^"^^ • 
 the construction of a railroad from the town of Lincoln through 
 the town of Winn to the easterly boundary of the State. 
 
 Sect. 2. Other railroad companies nowincorporated or here- conneetionB 
 after to be incorporated in this State shall have the right "ith other 
 
 ,..,,.,, roads. 
 
 to connect their railroads with the railroad of the European 
 and North American Railway Company in the city of Ban- 
 11 
 
170 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Conditions as 
 to tianspoi-ta- 
 tion for other 
 roads. 
 
 Sec. 1, ch. 401, 
 special laws 
 1861, repealed. 
 
 Beservation to 
 the State of 
 proceeds of 
 sales of lands 
 and timber 
 since March 24, 
 1884. 
 
 Prior to sales 
 of lands, &c., 
 directors shall 
 appoint, under 
 approval of 
 gOTornwr, two 
 trustees, with 
 whom shall be 
 deposited aJl 
 moneys, &c., 
 derived &om 
 such sales. 
 
 Trustees to give 
 bond. 
 
 gor, or in any other city or town along the line of its road; 
 and no discrimination in the rates of freight or passengers shall 
 be made by said company, nor by any party who may operate 
 its line of railway or any part thereof, between railroads hav- 
 ing the right to connect with its railroad as aforesaid ; but all 
 passengers and aU freight coming from or going to any other 
 roa^ having such right to connect, shall be transported 
 promtply, and on terms alike favorable, by said company over 
 its own road, or by any party operating the same, and on terms 
 as favorable as the like service is or shall be performed for 
 transportation commencing and terminating on the line of rail- 
 way of said company. 
 
 Sect. 3. Section one of an act entitled "an act explanatory 
 of and amending an act additional to and amendatory of an' 
 act to provide means for the defence of the northeastern fron- 
 tier," approved March twenty-fifth, in the year of our Lord 
 one thousand eight hundred and sixty-four, is hereby repealed, 
 but the second section of said act is continued in force ; and it 
 is hereby provided that this act, and the conveyance of timber 
 and lands authorized by it, shall in no wise affect the doings of the 
 land agent, and that all moneys received from the sales of land 
 and timber since the twenty-fourth day of March, one thousand 
 eight hundred and sixty four, and all notes and other securities 
 in possession of the land agent, as proceeds of sales or parts of 
 sales of land and timber as aforesaid, are declared to be, and 
 are to remain, the property of the State, exempt from any legal 
 or equitable claim to the same on the part of said company. 
 
 Sect. 4. Before any sale of lands or timber is made, or any 
 mortgage is effected of the lands herein transferred and con- 
 veyed to the European and North American Railway Company, 
 the directors of said company shall appoint two trustees, with 
 the approval of the governor of the State. It shall be the duty 
 of the proper officers of the company to deposit all moneys or se- 
 curities collected by them, from any sale or mortgage of the 
 property herein transferred and conveyed, in the hands of such 
 trustees, who shall hold the same in trust until the said rail- 
 road is finished to the town of Lincoln; and the trustees afore- 
 said shall be required to give a sufficient bond to the State, to 
 
EUROPEAN AND NOETH AMEEICAN RAILWAY. 171 
 
 the approval of the governor, for the faithful execution of their 
 
 said trust. The moneya and securities so received shall on the ^""geivea*'to 
 
 completion of said road to the town of Lincoln be paid to said te paid compa- 
 
 railroad company ; provided, that the moneys and securities so tion of road to 
 
 received in trust may, sooner than above limited, be used to i'"'™'"- 
 pay for actual construction of said road between said town of '■°^'*''- 
 Lincoln and the eastern boundary of the State, when ordered 
 and approved by the governor. 
 
 Sbct. 5. No sale, mortgage, transfer or conveyance of the saies of lands, 
 
 timber and lands hereby conveyed to the European and North unig^"a*pproved 
 
 American Railway Company shall be effected unless approved i>y governor, 
 by the governor. 
 
 Sect. 6. That so much of the laws embraced in chapter four Provieionsof 
 
 hundred and one of the laws of eighteen hundred and sixty- ^^fi^^^^ 
 
 four, as donates or refers to the proceeds of the sale of timber latmg to ten 
 
 on ten townships of the public lands of this State, be and here- repealed, 
 by is repealed. 
 
 Sect. 7. The legislature may at any time alter, amend or re- 
 peal the act incorporating the European and North American ^"^^^ "^ 'ss- 
 
 -*■ ^ A o 1 islature herein. 
 
 Railway Company, approved August twentieth, eighteen hun- 
 dred and fifty, or any of its provisions, whenever in their opin- 
 ion the public good may require such alteration, amendment 
 or repeal. 
 
 Sect. 8. This act shall take effect when approved. Ap- 
 proved March 3, 1868. 
 
 LAWS OP 1869, CHAP. 106. 
 
 An act to extend the time for the completion of the location of the Euro- 
 pean and North American Railway. 
 
 Be it enacted, &c. Sect. 1. The European and North Time extended 
 
 American Railway Company may have a further time of one for completion 
 
 year, from and after the approval of this act by the governor, 59 Me. 536. 
 to alter and amend any part of its location between the town 
 
 of Lincoln, through the village of "Winn, to the eastern boun- p,"^^i™*^^f 
 
 dary of the State ; also to locate its line of railroad and "con- '^^ '° relation 
 
 struct the same in accordance with the provisions of its charter of railways!™ 
 and the acts in addition thereto, to the southerly bounds of 
 
172 
 
 EUBOPEAN ANB NORTH AMERICAN RAILWAY. 
 
 In locating 
 track across 
 Maine Central 
 BailToad, shall 
 conform to 
 contract with 
 said company. 
 
 the city of Bangor, subject to the provisions and regulations of 
 the statutes of the State relating to the location of railways 
 and the adjustment of damages occasioned thereby. 
 
 Sect. 2. Said European and North American Railway Com- 
 pany in locating, constructing and using their track across the 
 depot grounds of the Maine Central Railroad Company, in 
 Bangor, shall conform to the contract between said compaaiee 
 in relation thereto, bearing date the ninth day of February, ia 
 the year of our Lord one thousand eight hundred sixty-nine. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved January 17, 1869. 
 
 Time extended 
 two years. 
 
 LAWS OF 1869, CHAP. 188. 
 
 An act to extend the time for the completion of the location of the branchee 
 of the European and North American Railway Company. 
 
 Be it enacted, <&c. Seot. 1 . The European and North Amer- 
 ican Railway Company may have a further time of two years, 
 from and after the approval of this act by the governor, to 
 locate their tracks to the several mills upon the Penobscot river, 
 to which by the laws of the State it is now authorized to con- 
 struct tracks or branches. 
 
 Sect. 2. This act shall take effect when approved. Aip- 
 proved February 27, 1869. 
 
 PUBLIC LAWS OF 1871, CHAP. 201. 
 
 An act to promote immigration into tins State. 
 
 Se it enacted, c&c. Sect. 1. "Whereas in section three of an 
 act entitled an "act to provide means for the defence of the 
 northeastern frontier," approved March twenty-four, eighteen 
 hundred and sixty-four, it is provided that the European, and 
 North American Railway "Company is charged with the datj 
 of encouraging immigration into the State, and shall be required 
 to appoint a suitable emigrant agent and annually publish such 
 plans, statements and other information as shall give to the 
 public a better knowledge of the extent, value and situation of 
 the public lands of Maine now open for settlement and cause 
 
EUROPEAN AND NORTH AMERICAN KAILWAT. 173 
 
 this information to be printed in our own and other languages, 
 and distributed into other States of this union, and into foreign 
 lands; and whereas it is provided in the same section that 
 "the legislature of this State shall have the right at all times 
 to inquire into the manner in which these trusts are executed, 
 and to pass any laws that may be necessary to impose fines 
 and penalities, to secure a compliance with the provisions, lia- 
 bilities and daties hereinbefore set forth and enjoined;" and 
 whereas, said railway company have utterly failed to perform 
 the duties therein enjoined, it is hereby declared and made 
 known, that the time may be extended for the performance of 
 these duties until tl^e first day of July next and no farther. 
 
 Sect. 2. It shall be the duty of the attorney general of this 
 State to inquire into and ascertain whether the duties set forth 
 in the said act of eighteen hundred and sixty-four, and in sec- 
 tion one of this act, and at the time as extended in said section 
 one of this act, have been performed ; and if at that time the 
 said company shall have failed to perform these duties, they 
 shall be fined not less than five thousand dollars, and the same 
 sum yearly thereafter, to be recovered in the same manner as 
 an action for debt against said company, and it shall be the 
 duty of the attorney general to make immediate demand of 
 said company for the fine or fines thus imposed, and in case 
 the said company shall neglect or refuse to pay the fines thus 
 demanded within ten days after such demand, it shall then be 
 the duty of the attorney general to sue said company in the 
 name of the State and collect the fine or fines as soon as due 
 process of law will allow, and all moneys so collected shall be 
 expended under direction of the commissioner of immigration 
 to promote immigration into this State. 
 
 Sect. 3. This act shall take eifect when approved. Ap- 
 proved J^ebruary 24:, 1871. 
 
 LAWS OF 1871, CHAP. 533. 
 
 An act to make valid the transfer of the Bangor, Oldtown and Milf ord 
 Bailroad, to the European and North American Railway Company. 
 
 £&■ it enacted, t&c. Sect. 1. The sale and transfer of the 
 
confirmed. 
 
 174 EUEOPEAN ANB NORTH AMERICAN RAILWAY, 
 
 Sale of B., o. franchise, lands, property and rights of the Bangor, Oldtown 
 road to E. and and Milford Raih'oad Company, to the European and Korth 
 N. A. Kaiiway American Railway Company, is hereby authorized, ratified 
 ratified and and Confirmed, and said last named company is authorized to 
 purchase, }iold, and enjoy and possess the same, as fuUy as 
 said Bangor, Oldtown and Milford Railroad Company could ; 
 and is entitled to all the rights and privileges conferred by, 
 and contained in, the charter of said Bangor, Oldtown and 
 Milford Railroad Company, and acts additional thereto, 
 which are continued in force for the benefit of said European 
 and North American Railway Company; and said European 
 and North American Railway Company may sell any of said 
 lands and property, and use the same in the construction of 
 its railroad, and any and all transfer of shares of stock of said 
 Bangor, Oldtown and Milford Company, heretofore made for 
 that purpose, is ratified and confirmed. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 1, 1871. 
 
 LAWS OF 1874, CHAP, 609. 
 
 An act to confirm the articles of agreement by and between the European 
 and North American Railway Companies. 
 
 Be it enacted, &c. Sect. 1. The articles of agreement en- 
 tered into between the European and North American Rail- 
 way Company of New Brunswick and the European and North 
 American Railway Company of Maine, are hereby authorized 
 and confirmed ; said articles are as follows : 
 
 Articles of ageeement and consolidation for consolidating 
 the stock of the European and North American Railway, for 
 extension from Saint John, westward, (a corporation existing 
 under the laws of the Province of New Brunswick, and here- 
 inafter called the New Brunswick Company,) with the stock of 
 the European and North American Railway Company, a cor- 
 poration existing under the laws of the State of Maine, (here- 
 inafter called the Maine Company,) made and entered into by 
 the said companies this nineteenth day of October, in the year 
 of our Lord one thousand eight hundred and seventy-two^ 
 
EUEOPEAN AND NORTH AMERICAN RAILWAY. 175 
 
 Whereas the railways respectively owned by said companies 
 above named, constitute a continuous line of railway for the 
 passage between the city of Saint John, in said Province of New 
 Brunswick, and the city of Bangor, in the said State of Maine, 
 and constitute a part of a continuous line of railroad between 
 Bangor and Halifax, and the directors of said companies, upon 
 mature consideration, have determined that the interests of the 
 respective stockholders of said companies and the public in- 
 terest and convenience will be greater promoted by the union 
 of their several roads into one road, and by the consolidation 
 of the respective stocks of said companies into one common 
 consolidated stock: 
 
 And whereas the said companies are authorized by the act 
 of incorporation of the said New Brunswick Company by the 
 legislature of said Province of New Brunswick, and by the 
 act of incorporation of the said Maine Company, and acts in 
 addition thereto, passed at various times by the legislature of 
 the said State of Maine, to effect such union of their respec- 
 tive roads and to form by purchase and consolidation of their 
 respective rights and franchises, one company, and have agreed 
 so to do upon the terms and conditions hereinafter mentioned 
 and contained. 
 
 Now therefore, this agreement made by and between the 
 corporations above named, parties hereto, under and by virtue 
 of authority conferred upon them by the laws of said province 
 and the laws of said State. 
 
 Witnesseth, that the said New Brunswick Company and the 
 said Maine Company do agree, and each for itself doth sever- 
 ally agree, that the said companies shall be consolidated and 
 form one corporation under the name and style of the Con- 
 solidated European and North American Railway Company, 
 and under the authority of said legislative acts the said parties 
 hereto do hereby prescribe the following terms and conditions 
 of the said purchase and consolidation, and do respectively 
 agree thereto, and to the mode of carrying the same into effect 
 as herein provided for. 
 
 Abt. 1. It is understopd and agreed that the capital stock 
 of the New Brunswick Company which has been taken and 
 
176 EUROPEAN" AND NORTH AMERICAN RAILWAY. 
 
 certificates issued therefor, and which has been subscribed for 
 and agreed to be taken, amounts to about five hundred and fifly 
 thousand dollars, and that the capital stock of the said Maine 
 Company which has been taken and certificates therefor issued, 
 amounts to the sura of five hundred and twenty-two thousand 
 three hundred dollars. 
 
 Akt. 2. The stockholders of the said respective companies 
 who hold or are entitled to certificates of shares in the capital 
 stock in either of the said companies, shall, upon the surrender 
 of such certificates or rights to such certificates to the said 
 consolidated company to be cancelled or discharged, be entitled 
 to one hundred dollars of stock in said consolidated company for 
 each one hundred dollars of stock held by them in either of said 
 companies. In all cases in which subscriptions or agreements 
 for stock in either of said companies have been made by any 
 person or persons, bodies politic or corporate, and said snbr 
 scriptions or agreements yet remain, unpaid or unfalfilled, 
 either in whole or in part, the stock of said consolidated coai' 
 pany shall, upon payment of said subscriptions or performance 
 of said agreements, be issued to the subscribers or parties enr 
 titled to the said stock in the same manner as thesaid com- 
 panies or either of them would have been bound to issue their 
 stock, respectively had not this consolidation been made. 
 
 Abt. 3, The capital stock of the Consolidated European 
 and North American Railway Company shall not exceed ten 
 million gold dollars, to be divided into one hundred thousand 
 shares of one hundred dollars each, and after the payment of the 
 existing debts of the said New Brunswick Company and said 
 Maine Company, no further portion of said stock shall be 
 issued until after a vote of the stockholders of the said con^ 
 solidated company, at a meeting duly called for that pur- 
 pose and passed by a vote of two thirds of the stockholdeM 
 present and represented at said meeting. Being ako two^ 
 thirds in value of the stock voted at such meeting, and pi* 
 vided that no portion of such consolidated stock shall be sold 
 or used in payment of the existing debts of said conapanies at 
 less than its par value. 
 
 Aet. i. The said new corporation or eonwlidated eompany 
 
EUEOPBAN AND NORTH AMERICAN RAILWAY. 177 
 
 shall, without delay, after this agreement of purchase and con- 
 solidation takes effect, issue to the stockholders of the respec- 
 tive companies, parties hereto, and entitled thereto as afore- 
 said, and in proportion to their respective interests in the stock 
 of the consolidated company, certificates of stock in said Con- 
 solidated European and North American Eailvpay Company, 
 to be denominated Consolidated European and North Ameri- 
 can Railway Company consolidated stock, and otherwise of 
 such form as may be deemed advisable and prescribed by the 
 directions of the said consolidated company. 
 
 Art. 5. If fractional shares shall be found due to stockhold- 
 ers when converting their present stock into the stock of the 
 consolidated company, scrip stock shall be issued for such 
 fractions entitling the holder to a full share of stock on pay- 
 ment of the difference in money, or on presentation of one 
 hundred dollars of such scrip stock. 
 
 Abt. 6. All and singular the rights, franchises, privileges, 
 depot grounds, rights of way, road bed, railway iron, rails, en- 
 gines, cars, machinery, rolling stock, debts, dues and demands, 
 causes in action and property of every description, name and 
 nature, whether real, personal or mixed, or wheresoever situ- 
 ated in which the sai^ New Brunswick Company and the said 
 Maine Company have respectively any right, title or interest, 
 whether in possession, reversion or remainder with the appur- 
 tenances, upon the ratification of these articles of agreement 
 by the stockholders of said companies respectively, as herein- 
 after provided, and from thenceforth shall be held, owned, con- 
 trolled, possessed and enjoyed by the said Consolidated Euro- 
 pean and North American Railway Company, its successors 
 and assigns as fully and completely, to all intents and pur- 
 poses, as the said several companies, parties hereto, do or can 
 now hold, own, enjoy, use or control the same, and no further 
 conveyanxje or assurance shall be required for the full and 
 complete vesting thereof in the said Consolidated European 
 and North American Railway Company, its successors and as- 
 signs. 
 
 Aet. 7. The said Consolidated Eiu-opean and North Ameri- 
 can Railway Company shall assume, liquidate and pay or other- 
 
178 EUROPEAN AND NOETH AMERICAN RAILWAY. 
 
 wise discharge all debts, liabilities, contracts, leases, agree- 
 ments, engagements of every land and description of and 
 claims upon each of the said respective companies, parties 
 hereto, and said consolidated company by taking possession of 
 the rights, franchises and property named in article six of this 
 agreement shall be considered as having agreed to assume, 
 liquidate, pay or otherwise discharge all the liabilities herein 
 above enumerated. 
 
 Aet. 8. All the books, vouchers, records, muniments of title 
 and other documents pertaining to the business or properties 
 of the said several companies, parties hereto, shall be placed 
 in the office of the secretary or clerk of the said consolidated 
 company and the said books, records and papers shall be deem- 
 ed and taken as the recfords and books of said consolidated com- 
 pany, and said books, records, vouchers and papers shall be.sub- 
 ject to proper examination and inspection of all persons inter- 
 ested therein who shall have the same access thereto as if the 
 same had remained in the offices of the original companies. 
 
 Akt. 9. Whereas it is deemed advisable by the said compa- 
 nies, parties hereto, to provide in their articles of agreement 
 for purchase and consolidation for the redemption and pay- 
 ment of all the bonds respectively issued by the said com- 
 panies, parties hereto, which amount in all to the sum of five 
 million dollars^ it is agreed by and between the parties hereto 
 that the Consolidated European and North American Kailway 
 Company shall issue its consolidated bonds in the sum of sii 
 million dollars, to be secured by a mortgage of the franchise, 
 rights, railroad equipment and property of said consolidated 
 company, five million dollars of which shall be set apart and 
 used for the redemption and payment of the said bonds of said 
 companies, parties hereto, on such terms and at such times as 
 may be ordered by the directors, provided that none of said 
 consolidated bonds shall be exchanged for any of said bonds of 
 said companies, parties hereto, at less than dollar for dollar, 
 the proceeds of the residue of said consolidated bonds to be 
 used by the directors to provide for further additional way and 
 tracks, rolling stock, equipment and railway improvements, and 
 to provide for the purchase of and consolidation with other 
 
ETJEOPEAN AKD NORTH AMERICAN KAILWAT. 179 
 
 connecting railroads and to pay the debts of said New Bruns- 
 wick Company, and said Maine Company existing at the time 
 this agreement taltes effect and for no other purpose whatever. 
 
 Aet. 10. If at any time hereafter it shall be found expedi- 
 ent to increase the said consolidated debt of said consolidated 
 company over and above said six million dollars, it shall be law- 
 ful and competent for said consolidated company to issue its 
 bonds to such an amount 'and in such manner, and secure the 
 same in such way and manner as the stockholders shall at a 
 meeting duly called for that purpose, by a vote of two-thirds 
 of the stockiiolders present and represented at said meeting, 
 being two-thirds in value of the stock voted at such meeting, 
 decide to be expedient, necessary and proper, and the proceeds 
 of any and all additional bonds so authorized and issued, shall 
 be used and expended for the purposes named and specified in 
 the ninth article of this agreement, excepting the debts of the 
 New Brunswick Company and Maine Company therein named, 
 and for no other pui-pose whatsoever. 
 
 Aet. 11. Said consolidated company is authorized at any 
 time hereafter to purchase or consolidate with any railway 
 company now existing, or hereafter created, which shall be lo- 
 cated or established in any territory lying east, west, north or 
 south of that occupied by said consolidated line of railroad, 
 whenever, and in such way and manner, and upon such terms 
 and conditions as the stockholders of said<;onsolidated company, 
 at a meeting duly called for that purpose, shall by vote declare 
 to be expedient and proper. But nothing in such terms and 
 conditions shall, without the approval of the governor in coun- 
 cil of the Province of New Brunswick, interfere with the pro- 
 visions of these articles of consolidation, so far as relates to 
 the number of directors who shall be resident in the Province 
 of New Brunswick, or be natural British born subjects, or 
 with reference to the provisions of article twelve. 
 
 Art. 12. It is understood and agreed that the tariff rates for 
 the transportation of freight and passengers shall be so made 
 and fixed as not to militate or operate against the interest or 
 business of either the Province of New Brunswick or the State 
 of Maine. And for the protection of the interests of the peo 
 
180 EUROPEAN AND NORTH AMERICAN RAILWAT. 
 
 pie of the said province and the said State, it is understood that 
 the Crown and the State of Maine respectively, shall haye 
 and exercises all the rights and powers necessary for the en- 
 forcement of the provisions of this article. 
 
 Art. 13. It is further understood and agreed that said Con- 
 solidated European and' North American Eailway Company 
 shall have, possess, enjoy and exercise all the franchises, rightflj 
 powers and privileges now held, owAed, possessed and enjoyed 
 by said New Brunswick Company, by virtue of its charter or 
 any of the laws of New Brunswick, and subject to all liabili- 
 ties imposed by the laws of said province, and also all the 
 franchises, rights, powers and privileges now held, owned, pos- 
 sessed and enjoyed by the said Maine Company, by virtue of 
 its charter or any of the laws of the State of Maine, and sub- 
 ject to all the liabilities imposed by the laws of said State. 
 
 Art. 14. The management of the business of the said con- 
 solidated company shall be vested in the directors of the said 
 company, the number of whom shall be thirteen, five of whom 
 shall be residents of the Province of New Brunswick, and four 
 of the said five shall be natural British born subjects, and five 
 of whom shall be residents of the city of Bangor. The board 
 of directors of said consolidated company may choose one, of 
 their number to be president of their board, who shall also be 
 president of said company, and one of their number to be vice 
 president of the said board, who shall also be vice president of 
 said company, and one of said officers shall always be a New 
 Brunswick director; may make all necessary by-laws and reg- 
 ulations not inconsistent with these articles of agreement, may 
 provide for calling the annual and other meetings of the stock- 
 holders for the election of directors and other purposes, and 
 the said by-laws and regulations shall be and continue in force 
 until altered by the stockholders at their annual or other meet- 
 ing called for that purpose. The board of directors shall have 
 authority to choose and appoint all such ofiicers, agents and 
 clerks as are. required by the by-laws or otherwise, or which 
 may be found necessary to carry on the business of said con- 
 solidated company, may fix and determine the pay or salary 
 of such officers, agents or clerks,, aud may dismiss them at the 
 
EUROPEAN AND NORTH AMERICAN EAILWAT. 181 
 
 pleasure of the said board of directors, and said board of di- 
 rectors shall have power to fill any vacancies which may occur 
 in their board, and the persons so appointed shall hold ofiice 
 until others are chosen in their places at an annual meeting of 
 the stockholders of said consolidated company. 
 
 Aet. is. The following named persons shall constitute the 
 board of directors of said Consolidated European and North 
 American Railway Company until the third Tuesday in August 
 in the year of our Lord one thousand eight hundred and 
 seventy-three, viz : Greorge K. Jewett, INoah Woods, James 
 "W". Emery, Arad Thompson, Charles P. Stetson, M. S. Drum- 
 mond, S. F. Hersey, William Flowers, Alexander Jardin, 
 Thomas R. Jones, James R. Ruel, Robert Robinson and E. 
 R. Burpee, when the first annual meeting 'of the stockholders 
 of the Consolidated European and North American Railway 
 Company shall be holden for the election of directors and for 
 such other purposes as may properly come before said meeting. 
 
 Akt. 16. These articles of agreement for purchase and con- 
 solidation shall be submitted to the stockholders of each of 
 said companies, parties hereto, at a meeting thereof called sep- 
 arately for the purpose of taking the same into consideration, 
 due notice of flie time and place of such meeting and the ob- 
 ject thereof shall be given. The said meetings of stockholders 
 shall be holden on some day prior to the first day of Decem 
 ber in the year of our Lord eighteen hundred and seventy-two, 
 and in case these articles of agreement for purchase and consoli- 
 dation of said companies, parties hereto, shall be approved, 
 adopted and ratified by the stockholders of said companies at 
 their several meetings, called as above provided, then these ' 
 articles of agreement shall take effect on the said first day of 
 December, in the year of our Lord eighteen hundred and 
 seventy-two, and be forever after in force and binding upon 
 said companies, parties hereto, and upon all persons and 
 parties interested therein. 
 
 Sect. 2. There shall be an office of said consolidated com- 
 pany at Bangor, in this State. 
 
 Sect. 3.. Any mortgage by said consolidated company of its 
 franchise and property, for the payment of its bonds, may be 
 
182 EUKOPEAN AND NOETH AMEEICAN RAILWAY. 
 
 enforced ahd foreclosed as provided in said mortgage, or as 
 provided in chapter fifty-one of the revised statutes of this 
 State. 
 
 Sect. 4. This act shall take effect when approved. A;p- 
 proved March 3, 1874. 
 
 THE BANGOR AND PISCATAQUIS RAILROAD 
 COMPANY 
 
 was leased to the Consolidated European and North American Eailway 
 Company, April first, A. D., 1873, for the term of nine hundred and nine- 
 ty-nine years. [See the lease for its provisions.] 
 
 Coiporators. 
 
 €orporata 
 name. 
 
 Eights, powers, 
 
 LAWS OF 1861, CHAP. 59. 
 An act to incorporate the Bangor and Piscataquis Railroad Company. 
 
 Be it enacted, &c. Sect. 1. Ira Crocker, James Danning, 
 Charles B. Abbot, Thomas Nason, John L. Hodsdon, C. H. 
 Crocker, Charles A. Everett, A. M. Robinson, John H. Kams- 
 dell, Phineas Tolman, "W. W. Willard, C. L. Dunning, Peter 
 Perham, Joseph Chase, Ephraim Flint, Adams H. Merrill, 
 Henry Hudson, Thomas S. PuUen, A. G. Lebroke, Charles E. 
 Kimball, C. H. B. Woodbury, John H. Eice, J. H. McCom- 
 ber, T. A. Keating, John Hitchborn, James Campbell, E. L. 
 Hammond, John Gilman, Geo. W. "Wingate, J. S, Monroe, 
 Ohas. McCluer, B. E. Lake, A. J. Chase, Moses Parshley, At'- 
 wood Barrows, E. P. Snow, Seth Lee, Simon Lee, John Gil- 
 man, W. P. Lamson, C. O. Palmer, J. S. Wiley, their asso- 
 ciates, successors and assigns, are hereby made and constituted 
 a body corporate and politic, by the name of the Bangor and 
 Piscataquis Eailroad Company, and by this name may sue and 
 be sued, plead and be impleaded, and shall have and enjoy all 
 proper remedies at law and in equity to secure and protect 
 them in the exercise and use of the rights and privileges, and 
 in the performance of the duties hereinafter granted and en- 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 183 
 
 joiued, and to pi-event all inrasions thereof, or interruptions 
 in exercising and performing the same ; and the said corpora- 
 tion is hereby authorized and empowered to locate, construct, 
 and finally complete, alter and keep in repair, a railroad with <,o°n8tiuotion of, 
 one or more sets of rails or tracks, with all suitable bridges, autiiorizea. 
 tunnels, viaducts, turnouts, culverts, drains, and all other neces- 
 sary appendages, from some point between the south line of 
 the city of Bangor and the north line of the town of Oldtown ; 
 provided the same does not infringe or encroach upon the cor- proviso, 
 porate rights or limits of the Penobscot Eailroad Company, in 
 the county of Penobscot, on the westerly side of the Penob- 
 scot river, with the right to connect with any railroad from 
 Bangor to Oldtown or elsewhere; thence in the most practica- 
 ble direction to Brownville, in the county of Piscataquis, and 
 the Katahdin Iron Works, so called, in the same county, with 
 a branch from the town of Milo up the valley of the Piscata- 
 quis to Moosehead lake, in said county of Piscataquis; and 
 said corporation shall be and hereby is, invested with all the 
 powers, privileges and immunities which are or may be neces- powers, 
 sary to carry into effect the purposes and objects of this act as P"^ii«8es, &c. 
 herein set forth ; and for this purpose said corporation shall 
 have the right to purchase, or to take and hold so much of the 
 land and the real estate of private persons and corporations, and hold land, 
 
 1 J- ,, 1 ,. i i- J &c,, of others. 
 
 as may be necessary tor the location, construction and conven- 
 ient operation of said railroad and branch ; and they shall also 
 have the right to take, remove and use for the construction and Eight to take, 
 repair of said railroad and appurtenances any earth, gravel, earth^&T*^"^' 
 stone, timber or other materials on or from the land so taken ; 
 provided however, this said land so taken shall not exceed six P">"so. 
 rods in width, except where greater width is necessary for the 
 purposes of excavation or embankment; and provided, also. Further pro- 
 that in all cases said corporation shall pay for such lands, es- ^^^' 
 tate or materials so taken and used, such price as they and the for^ama^es"" 
 owner or respective owners thereof may mutually agree on; and 
 iacase said parties shall not otherwise agree, the said corporation 
 shall pay such damages as shall be ascertained and determined ^^^^^^> ''<>■" 
 
 , determined. 
 
 by the county commissioners for the county wherd such land or 
 other property may be situated, in the same manner and under 
 
184 
 
 EUROPEAN AKD NORTH AMERICAN RAILWAY. 
 
 liand, how 
 held. 
 
 Damages, 
 application for, 
 limited. 
 
 Sight to fell 
 and remove 
 trees. 
 
 Capital stock. 
 
 Shares. 
 
 Directors, how 
 chosen. 
 
 —tenure of 
 office. 
 
 President and 
 clerk. 
 
 -treasurer, 
 -hond. 
 
 Books of Sub- 
 scription, when 
 and where to be 
 opened, &c. 
 
 —notice, how 
 given. 
 
 the same conditions and limitations as are by law provided in 
 the case of damages by the laying out of highways ; and the 
 land so taken by said corporation shall be held as lands taken 
 and appropriated for highways. And no application to said 
 commissioners to estimate said damages shall be sustained un- 
 less made within three years from the time of taking such 
 land or other property ; and in case such railroad shall pass 
 through any woodland or forests, the said company shall have 
 a right to fell or remove any trees standing therein within four 
 rods of such road which by their liability 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 as provided for the recovery of other damages 
 in this act. 
 
 Sect. 2. The capital stock of said corporation shall consist 
 of not less than five thousand, nor more than twenty thousand 
 shares, and the immediate government and direction of the af- 
 fairs of said corporation shall be vested in nine, eleven or thirteen 
 directors, who shall be chosen by the members of said corpor- 
 ation, in the manner hereinafter provided, and shall hold their 
 office until others shall have been duly elected and qualified to 
 take their place, a majority of whom shall form a quorum for 
 the transaction of business, and they shall elect one of theit 
 number to be president of the corporation, and shall have au- 
 thority to choose a clerk who shall be sworn to the faithful 
 discharge of his duty, and a treasurer who shall be sworn, and 
 also give bonds to the corporation, with sureties to the satis- 
 faction of the directors, in a sum not less than ten thousand 
 dollars, for the faithful discharge of his trust ; and for the pur- 
 pose 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 times as they may determine, in the 
 city of Bangor and in the towns of Dover, Milo and BrowH' 
 ville, and elsewhere, as they shall appoint, to remain open for 
 five successive days at least, of which time and place of sflji- 
 scription public notice shall be given in one newspaper printed 
 in each of the counties of Penobscot and Piscataquis, ten days 
 before the opening of such subscriptions ; and any seven of the 
 
EUROPE AJT AND KORTH AMERICAN RAILWAY. 185 
 
 persons named in the first section of this act are hereby au- ^^"'(."fg""^' 
 
 thorized to call the first meeting of said corporation, for the 
 
 choice of directors and organization, by giving notice in one 
 
 Of more newspapers published as before uapaed, of the time 
 
 and place and the purposes of such meeting, at least fourteen 
 
 days before the time mentioned in such notice. 
 
 Sect. 3. When said corporation shall take any land or other ^^^^ ^ ^^ 
 estate, as aforesaid, of any infant, person non compos mentis, certain per- 
 
 „ , iij. J j-i.il. sons, wliom to 
 
 or teme covert, whose husband is under guardianship, the settle with, 
 guardian of such infant, or person non compos mentis, and 
 swsh feme covert, with,the giia,rdian .of her husband, shall have 
 full power and authority to agree and settle with said corpora- 
 tion for damages, or claims for damages by reason of taking 
 such land , and estate as aforesaid, and give good and valid 
 releases and discharges therefor. 
 Sect. 4. The president and directors for the time being are .^ ^ ^ 
 
 •^ ■■• ° President and 
 
 hereby authorized and empowered by themselves or their directors, 
 agents, to exercise all the powers herein granted to the cor- auuesor" 
 poration, for the purposes of locating, constructing and com- 
 pleting said railroad and branch, and for the transportation of 
 persons, goods and property of all descriptions, and all such 
 powers and authority for the management of the affairs of the 
 corporation, as may be necessary and proper to carry into ef- 
 fect the objects of this grant, to purchase and hold land, mate- 
 rialq, engines and cars, and other necessary things in the name 
 of the corporation, for the use of said road, and for the trans- 
 portation of persons, goods and property of all descriptions, 
 to make such equal assessment from time to time on all the 
 shares in said corporatioji as. they may deem expiedient and nec- 
 essary in the execution and progress of the work, and direct 
 the same to be paid to the treasure» of this corporation. And 
 the. treasurer shall give notice of all such assessments; and in 
 case any subscriber or stockholder shall neglect to pay any — negieotto 
 assessment on his share or shares, for the space of thirty days fni'to^^etf. 
 after such notice is given or shall be prescribed by the by-laws 
 of said corporation, the directors may order the treasurer to „^ 
 
 '^ _ •' Shares of delin- 
 
 sell such share or. scares at pubUc^g-uetion, after giving such qient subscrib- 
 notice as may be prescribed, as aforesaid, to the highest bid- posedrf.*'^" 
 
 In 
 
186 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Proviso. 
 
 ToU. 
 
 Transportation, 
 construction of 
 wheels, &o. 
 
 der, and the same shall be transferred to the purchaser, and 
 such delinquent subscriber or stockholder shall be held ac- 
 countable 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 over- 
 plus, if his share or shares shall sell for more than the assesB- 
 ments due, with interest and costs of sale ; provided however, 
 that no assessment shall be laid upon any shares in said cor- 
 poration of a greater amount in the whole than one hundred 
 dollars. 
 
 Sect. 5. A toll is hereby granted and established for the 
 sole benefit of said corporation, upon all passengers and prop- 
 erty of all descriptions which may be conveyed or transported 
 by them upon said road, at such rates 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 
 
 Connection 
 witli other 
 roads and regu- 
 lation of, &c. 
 
 Private ways, 
 &e., crossing 
 of. 
 
 construction of wheels, the form of cars and 
 
 carnages; 
 
 the 
 
 rights of roads, and all other matters and things in relation to 
 said road, shall be in conformity with such rules, regulations 
 and provisions, as the directors shall from time to time prescrihe 
 and direct. 
 
 Sect. 6. The legislature may authorize any other company 
 or companies, to connect any other railroad or railroads, with 
 the railroad of said corporation, at any point on the route of 
 said railroad. And said corporation shall receive and trans- 
 port all persons, goods and property of all descriptions, which 
 may be carried and transported to the railroad of said corpor- 
 ation, on such other railroads as may be hereafter authorized 
 to be connected therewith, at the same rates of toll and freight, 
 as may be prescribed by said corporation, so that the rates of 
 freight and toll of such passengers and goods, and other prop- 
 erty as may be received from such other railroads so connected 
 with said road as aforesaid, shall not exceed the general rates 
 of freight and toll on said railroad received for freight and 
 passengers, at any of the deposits of said corporation. 
 
 Sect. 7. K said railroad in the course thereof, shall cross any 
 private way, the said corporation shall so construct said rail- 
 road, as not to obstruct the safe and convenient use of such 
 
EUROPEAN AND NOETH AMERICAN RAILWAY. 187 
 
 private way; and if said railroad shall in the course thereof, 
 cross any canal, railroad or the highway, the said railroad shall 
 be so constructed, as not to obstruct the safe and convenient uses 
 of such canal or highway, and the said corporation shall have 
 power to raise or lower such highway or private way, so that 
 the said railroad if necessary, may conveniently pass over or 
 under the same, and erect such gate or gates thereon, as may 
 be necessary for the safety of travellers on said railroad, high- 
 way or private way, and shall keep all bridges and embank- 
 ments necessary for the same in good repair. 
 
 Sect. 8. Said railroad corporation shall erect and maintain, 
 substantial, legal and sufi&cient fences on each side of the land ^^^<^'- 
 taken by them for their railroad, where, the same passes through 
 enclosed orirhproved lands, or lands that may be hereafter im- 
 proved. 
 
 Sect. 9. The said corporation shall at all times, when the Mt,ii, transpor- 
 postmaster general sliall require it, be holden to transport the ***'°° °'' 
 mail of the United States from ahd to such place or places on 
 said road as may be required, for a fair and reasonable com- 
 pensation ; and in case the corporation and the postmaster j„ ^^^ ^f ,jjjg. 
 general shall be unable to agree upon the compensation afore- greement, how 
 said, the legislature of the State shall determine the same ; and 
 the said corporation, after they shall commence the receiving 
 of tolls, shall be bound at all times to have said railroad in 
 good repair, and a siiflicient number of suitable engines, car- obugedtokeep 
 riages and vehicles for transportation of persons and articles, &o. 
 and be obhged to receive at all proper times and places and 
 carry 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, and said corporation fulfilling on its ment of tou. 
 part all and singular the several obligations and duties by this 
 section imposed and enjoined upon it, shall not be held or 
 bound to allow any engine, locomotive, cars, carriages or other gines of other 
 vehicle, for the transportation of persons or merchandise to pass ™*'''" 
 over said railroad, other than its owh, furnished and provided 
 for that purpose, as herein enjoined and required; provided Proviso. 
 hawever, that said corporation shall be under obligation to 
 transport over said road the passenger and other cars of any 
 
188 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 other incorporated company, that may hereafter construct a 
 railroad connecting with that hereby authorized, such other 
 company being subject to all the provisions of the fifth and 
 sixth sections of this act, as to rates of toll and all other par- 
 ticulars enumerated in- said sectipns. 
 „ ,. . Sect. 10. If any person shall wilfully and maliciously, or 
 
 Malicious mis- J r ./ */ ' 
 
 chief, trespass, wantonly and contrary to law, obstruct the passage of any car- 
 riages on such railroad, or in any way spoil, injure or destroy 
 said railroad, or any part thereof, or anything belonging there- 
 to, or any materials or implements to be employed in the con- 
 struction of, or for the use of said road, he, she or they, or 
 
 Forfeiture, pun- any person or persons assisting, aiding or abetting such tres- 
 en , c. pasg^ 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 corporation ; and such offender 
 
 Offenders liable qj. offenders shall be liable to indictment by the grand iury of 
 
 to Indictment, •' ° •> •' 
 
 &e. the, county within which trespass shall have been committed, 
 
 for any offence or offences contrary to the above provisions; 
 and upon conviction thereof before any court cpmpetent to try 
 the same, shall pay a fine not exceeding five hundred doUars to 
 the use of the State, or may be imprisoned for a term not ex- 
 ceeding five years, at the discretion, of thp court before whom 
 "^ ^ such con'ffietionymay be had. 
 Accounts of Sect, 11. > Said corporation shall keep, in a book for that pur- 
 
 (iorporation, pose, a regular account of all their disbursements, expenditures 
 and receipts, and the books of said corporation shall at all times 
 —open to in- be Open to the inspection of the governor and council, and of 
 ernorandooun- ^^7 Committee duly authorized by the legislature, and at the 
 ''''■ expiration of every year the treasurer of said corporation sbidl 
 
 Annual exhibit '^^^^ ^^ exhibit, under oath, to the legislature, of the profits 
 
 derived from the inconie of , said railroad. 
 
 Taxes on real '- Sbotj 12...; All real estate^purchased bj said corporation for 
 
 estate. the use of the same under the fourth section of this act, shaU 
 
 be tax:able to said eorpofation by the several cities, towns and 
 
 plantations, in which said land lies, in the same manner as 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 189 
 
 lands owned by private persons, and shall in the valuation list, 
 
 be estimated the same as other adjacent lands of the same 
 
 quality in such city, town or plantation, and not otherwise, and 
 
 the shares owned by the respective stockholders, shall be as real' estate. 
 
 deemed personal estate, and be taxable as such, to the owners 
 
 thereof, in the places where they reside and have their homes. 
 
 And whenever the net income of said corporation shall have 
 
 j_ T , • 1 o 1 N'et income ' 
 
 amounted to ten per centum per annum upon the cost oi the over ten per 
 road and its appendages and incidental expenses, the directors °®°'' ^^' 
 
 ■*■ ^ ^ r ? anmim, how 
 
 shall make a special report of the fact to the legislature, disposed of. 
 from and after which time, one moiety, or such other poi"- 
 tion as the legislature may from to time to time determine, 
 of the net income of said railroad, accruing thereafter over and 
 above ten per centum per annum first to be paid to the stock- 
 holders, shall annually be paid over to the treasurer of said 
 corporation, as a tax in the treasury of the State, for the use 
 of the State; and the State may have and maintain an action 
 against said corporation therefor, to recover the same ; but no 
 other tax than herein is provided shall ever be levied or as- 
 sessed on said corporation or any of their- privileges or fran- 
 chises. 
 
 Sect. 13. The annual meeting of the members of said cor- 
 poration shall be-holden on the first Monday.in January, or J^^""*'"^^'" 
 such other day as' shall be determined l)y the by-laws, at snch 
 -time and place as the directors for the time being shall appoint, 
 at which meeting the directors shall be chosen by ballot, each fjogen!" *" "^ 
 proprietor by hinlself or proxy, being entitled to as many votes 
 as he holds shares ; and the directors are hereby authorized to ^°^^' 
 call special meetings of the stockliolders, whenever they shall special meet- 
 deem it expedient and proper, giving such notice as the cor- '"^°' 
 poration by their by-laws shall direct. 
 
 Sect. 14. The legislature shall at all times have the right to 
 inquire into the doings of the corporation and into the man- Legislature, 
 ner in which the privileges and franchises herein and hereby In^luglte 
 granted, may have been used and employed by said corpora- '^"'"ss of the 
 tion. And to correct and prevent all abuses of the same, and """^^""^ """' 
 to pass any laws imposing fines and penalties upon said cor- 
 poration which may be necessary, more effe^ctually to compel 
 
190 
 
 EUBOPBAN AND NORTH AMERICAN RAILWAY. 
 
 Time for organ- 
 izing, Sic, lim- 
 ited. 
 
 a compliance with the provisions, liabilities and duties herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabilities or obligations. 
 
 Sect. 15. If the said corporation shall not have been organ- 
 ized, 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 first day of Janu- 
 ary, in the year of our Lord one thousand eight liundred and 
 sixty-three, or if the said corporation shall fail to complete said 
 railroad to Piscataquis river, on or before the first day of Janu- 
 ary, in the year of our Lord one thousand eight hundred and 
 sixty-six, in either of the above mentioned cases, this act shall 
 be null and void. Approved March 5, 1861. 
 
 Provisions of 
 ch. 59, special 
 laws of 1861, 
 renewed and 
 extended. 
 
 Proviso. 
 
 Amendment. 
 
 LAWS OP 1866, CHAP. 58. 
 
 An act to extend the proyisions of an act entitled "an act to incorporate 
 the Bangor and Piscataquis Railroad Company," approved March fifth, 
 eighteen hundred and sixty-one. 
 
 Be it enacted, c&c. Sect. 1. The provisions of an act of 
 the legislature of this State, approved March fifth, eighteen 
 hundred and sixty-one, entitled "an act to incorporate the Ban- 
 gor and Piscataquis Railroad Company," are hereby renewed 
 and extended, so that said company may avail themselves of 
 said act of incorporation ; provided that the location of the 
 route of said road shall be filed as stipulated in said act, on or 
 before the first day of January in the year of our Lord one 
 thousand eight hundred and sixty-seven, and that said road 
 shall be completed to the Piscataquis river on or before the 
 first day of January in the year of our Lord ope thousand 
 eight hundred and seventy, and provided that the southern 
 terminus of said road shall be at some point between the south 
 line of the city of Bangor and the North line of the town of 
 'Milford. 
 
 Sect. 2. For the names of Ira Crooker and Thomas S. Pul- 
 
 len, corporators named in said act, both of whom are deceased, 
 
 are substituted the names of Franklin A. Wilson and Abner 
 
 Lowell, respectively. 
 
 Sect. 3. This act shall take effect on its approval. Ap- 
 proved February 9, 1866. 
 
ETJEOPEAN AISTD NORTH AMERICAN RAILWAY. 191 
 
 LAWS OF 1867, CHAP. 377. 
 
 An act to authorize the city of Bangor to aid the construction of a rail- 
 road into Piscataquis county. 
 
 Be it enacted, c&c. Sect. 1. The city of Bangor is hereby 
 authorized to loan its credit to the Bangor and Piscataquis and limit of ' 
 Railroad Company in aid of the constrnction of their railroad ^°'®- 
 into Piscataquis county, to an amount not exceeding fifteen 
 thousand dollars per mile, nor more than the sum of five hun- 
 dred thousand dollars in all, upon its compliance with the fol- 
 lowing terms and conditions: 
 
 Sect. 2. If this act shall be accepted as hereinafter provided, Amount and 
 and said company shall within two years from its approval lo- ™i"1'H<»'» of 
 cate its line, and shall within four years from its approval com- 
 plete their railroad to the Piscataquis river, at or near the 
 village of Milo, and thence to the village of Dover or Foxcroft, 
 from some point on the line of the European and North Ameri- 
 can Railway in the town of Milford, on the east bank of Pe- 
 nobscot river, to the approval of the mayor and aldermen of 
 said city of Bangor, as a first class railroad, so that cars may 
 pass over the same the whole distance, and shall perform the 
 other conditions hereinafter named, then the said company 
 shall be entitled to" receive the full amount of fifteen thousand 
 dollars per mile, not exceeding, however, five hundred thousand 
 dollars in all, as herein provided. 
 
 Sect. 3. When said company shall complete five miles of ^idtob 
 said railroad from its southern terminus, connecting such other received by 
 railroad as aforesaid, then they shall be entitled to receive the 'andtXuton. 
 sum of seventy-five thousand dollars in part > of said sum of "^ '*""*• 
 five hundred thousand dollars, and for every additional five 
 miles so completed, and so on till the whole line is finished by 
 the running of cars thereon, all said payments to be made by 
 the scrip of said city, payable to the holder thereof in such* city scrip, ■ 
 sums as the directors of said road may determine, with coupons ^^^'^ *"** 
 for interest attached, payable semi-annually, the principal pay- ^'^^^ 
 
 able in thirty years from the date thereof, and all payable in 
 Boston or New York, and the same to be signed by the city 
 treasurer and countersigned by the mayor of said city. 
 
192 
 
 ETJEOPEAN AND NORTH AMERICAN RAILWAY. 
 
 Bond, amount 
 and conditions 
 of same. 
 
 Equal amount 
 of scrip of rail- 
 road 00. to be 
 deposited with 
 city treasurer. 
 
 Forfeiture of 
 same for nonfal- 
 filment of con- 
 ditions, bow and 
 when sold, iSc. 
 
 Mortgage of 
 road and fran- 
 chise, by whom 
 and how made. 
 
 Sect. 4. Concurrent with the issue and delivery of said city 
 scrip as aforesaid, the president and directors of said com- 
 pany, in their pificial capacity, shall execute and deliver to the 
 said treasurer, the bond of said company, the penal sum in said 
 bond to be double the amount of the scrip authorized to be 
 issued at that time; said bond shall be made payable to said 
 city, and shall be conditioned that said company will duly pay 
 the interest on such scrip of said city as shall be issued at the 
 time of the date of the bond respectively, and also the principal 
 thereof, according to the tenor of the scrip, and in all respects 
 will hold and save harmless the said city on account of the 
 issue of the same; the said president and directors of said 
 company shall also, in case of the issuing of the scrip of said 
 city as provided in section two of this act, and simultaneously 
 therewith, make, execute and deliver to the said" 'city treasufer 
 the scrip of said company payable to the holder tber&f,*'at-tHe 
 same time and for the same amount as the scrip then issued 
 by said treasurer to said company, with like coupons for the 
 interest attached; which said scrip shall be held by said city 
 as Collateral security for the fulfilment of the conditions of the 
 said bond; and in default of any one of said conditions, said 
 city may from time to time sell said scrip, or any portion there- 
 of, by public auction or auctions, in the cities of Bangor, Bos- 
 ton or New York, or either of them, after sixty days' notice in 
 writing to the president, or one of the directors, or any three 
 of the stockholders of said company, naming therein the time 
 and place of sale. The net proceeds of all such sales shall he 
 endorsed on said bond. 
 
 Sect. 5. The president and directors of said company'are 
 hereby authorized, and it shall be their duty, iii their official 
 capacity, upon the receipt of said city scrip and upon the de- 
 livery of their bond to said city to secure the payment of the 
 same, to execute and deliver to said city treasurer, a mortgage, 
 without prior incumbrance, of their' railroad from Milford 
 northward or westward into Piscataquis county, and all of the 
 property real and personal, including the franchise thereof; 
 said mortgage shall be executed according to the laws of this 
 State, and shall be in due and legal form, and shall contain apt 
 
when and how 
 made. 
 
 Interest, &c., 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 193 
 
 and sufficient terms to secare the said city the fulfilment of the 
 conditions in said bond contained. 
 
 Sect. 6. For the purpose of foreclosinaj said mortgage for 
 
 . , ., , ^ . p, .1 J Foreclosure of 
 
 conditions broken, it shall be stimcient tor the said mayor ana mortgage,. 
 aldermen to give notice according to the mode prescribed in 
 the revised statutes for the foreclosure of mortgages, by pub- 
 lication of notice thereof, which may be published in a news- 
 paper printed in Bangor, and a record thereof may be made 
 within thirty days after the date of the last publication in the 
 registry of deeds for the county of Penobscot, which publica- 
 tion and record shall be sufficient for the purpose of such fore- 
 closure. Upon the expiration of three years from and after 
 such publication, if the condition shall not within that time 
 have been fulfilled, the foreclosure shall be complete, and shall 
 make the title to said road, and to all the property and fran 
 chise aforesaid, absolute in said city. 
 
 , Sect. 7. If the directors of said company shall, at any time, 
 neglect or omit to pay the interest, which may become due and forfeiture 
 
 /»! ' ^ 1 T T 111 for,non-pay- 
 
 upon any portion of the scrip issued and delivered under the mentof same, 
 provisions of this act, or to pay the principal as it shall be- 
 come due, or to comply with any of the conditions of said 
 bonds, the city of Bangor may take actual possession in the 
 manner hereinafter provided of the whole of said railroad, and 
 of all the property real and personal of the company, and of 
 the franchise thereof, and may hold the same and apply the in- 
 come thereof to make up and supply such deficiency, and 'all 
 further deficiencies that may occur while the same are so lield, 
 until such deficiencies shall be fully made up and discharged. 
 A written notice, signed by the mayor and aldermen, and Notice of pos- 
 served upon the president or .treasurer, or any director of the f^^'^'™ *>? ""'?• 
 
 re ! J how given, and 
 
 company, or if there are none such, upon any stockholder of validity of 
 the company, stating that the city thereby takes actual pos- 
 session of the whole line of the railroad, and of the property 
 and franchise of the company-, shall be a sufficient actual pos- 
 session thereof, and shall be a legal transfer of all the same, for 
 the purposes aforesaid to the city, and shall enable the city to 
 hold the same against any other claims thereon until such pur- 
 poses have been fully accomplished. 
 
 same. 
 
194 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Sect. 8. All moneys received by of for the said railroad com- 
 ^T^co^ma^ pany, after notice as aforesaid, from any source whatever, and 
 tion after notice by whomsoever the same may be received, shall belong to, and 
 belong to ctty. he held for the use and benefit of the city in manner and for 
 the purposes herein provided, and shall, after notice given to 
 persons receiving the same respectively, be by them paid to 
 the city treasurer, which payment shall be an effectual dis- 
 charge from all claims of the company therefor; but if any 
 person, without such notice, shall make payment of moneys so 
 received to the treasurer of the company, such payment shall 
 be a discharge of all claims of the city therefor; all moneys 
 to city treas- received by the treasurer of the company, after such notice, or 
 amounte°da"° ^° ^i^ hands at the time such notice may be given, shall be by 
 for expenses, jijm p^jd to the city treasurer, after deducting the amount ex- 
 pended, or actually due for the running expenses of the road, 
 for the services of the officers of the company, and for repairs 
 necessary for conducting the ordinary operations of the road. 
 ■When made Such payments to the city treasurer shall be made at the end 
 applied!' of every calendar month, and shall be by him applied to the 
 
 payment of all the interest and principal due as aforesaid, 
 vutv'f "*viT ^^^ ^^y person who shall pay or apply any moneys received, 
 tion of forego- as aforesaid, in any manner contrary to the foregoing pro- 
 mgpro sions. ^jgj^j^g^ shall be liable therefor, and the same may be recovered 
 in an action for money had and received, in the name of the city 
 treasurer, whose duty it shall be to sue for the same, to be by 
 him held and applied as herein required. 
 SuifB, by whom Sect. 9. For the purpose of affecting the objects prescribed 
 •"urtod ^^ *^® ^^^ preceding sections, the mayor and aldermen may 
 
 cause a suit in equity to be instituted in the name of the city 
 of Bangor, in the supreme judicial court, in the county of 
 Penobscot, against said company, directors, or any other per- 
 son, as may be necessary for the purpose of discovery, injunc- 
 tion, account, or other relief under the provisions of this act; 
 and any judge of the court may issue a writ of injunction, or 
 &e., powera of " any other suitable process, on any such bill, in vacation or in 
 s. J. c, relating ^^^^ ^^ ^^^ ^j. ^itijo^t notice, and the court shall have 
 
 to same. ' ' ^ 
 
 jurisdiction of the subject matter of such bill, and shall have 
 such proceedings, and make such orders and decrees, as maj 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 195 
 
 be within the power, and according to the course of proceed- 
 ings of courts of equity, as the necessities of the case may 
 require. 
 
 Sect. 10. If the said railroad company shall, after notice of ap!foi™*direo. 
 possession as aforesaid, neglect to choose directors thereof, or any tora, <6c., 
 other necessary officers, or none such shall be found, the mayor duties of same, 
 and aldermen of the city shall appoint a board of directors, 
 consisting of not less than seven persons, or any other necessary 
 officers, and the persons so appointed shall have all the power 
 and authority of officers chosen or appointed under the pro- 
 visions of the act establishing said company, and upon their 
 acceptance such officers shall be subject to all the duties and 
 liabilities thereof. 
 
 Sect. 11. The city shall appoint two of the directors of the ^^^ airectoM 
 said railroad company from among the stockholders, who shall *<> be chosen 
 be chosen annually by the city council in joint ballot, before city until 
 the annual meeting of said company for the choice of their of eitinguishment 
 ficers, who shall have the same authority in transacting the 
 business of said company, and who shall be entitled to like 
 compensation from the company, as any other director. But 
 the right to choose such director shall cease when the loan 
 contemplated is extinguished. 
 
 Sect. 12. As an additional or cumulative protection for said 
 city, all liabilities which by said city may be assumed or in- enforced and 
 curred under or by virtue of any of the provisions of this act, """^^'oos "^ 
 shall at the time, and by force thereof, and for the security 
 and payment of the same, create in favor of said city a lien on 
 the whole of said railroad, its franchise, and all its appendages, 
 and all real and personal property of said' railroad corpora- 
 tion, which lien shall have preference and be prior to all other 
 liens and incumbrances whatever on the said road from Mil- 
 ford northward or westward in Piscataquis county, and all the 
 other property of said railroad corporation, and said lien shall 
 be enforced and all the rights and interests of said city shall 
 be protected when necessary by suitable and proper judgments, 
 injunction or decrees of said supreme judicial court, on a bill or 
 bills in equity, which power is hereby specially conferred on 
 said court. And it is hereby provided, that the said lien pro- 
 
196 EUROPEAN AND NORTH AMERICAN" RAILWAY. 
 
 vided for in this section shall not be deemed waived or ineffec- 
 tual by the acceptance on the part of said city, of any mprt- 
 gage or other securities contemplated by the provisions of this 
 act, or otherwise. 
 . Sect. 13. This act shall not take effect or be of any force 
 
 Acceptance of . ■' 
 
 act to be by until the city council of said city hj a concurrent vote of at 
 
 i'nwardmeet™^ least two-thirds of the members of each branch present and 
 
 ings. voting shall submit the same to a vote of the people of the 
 
 city, and the legal voters of the city in legal ward meetines, 
 
 When to take ■" ° ./ o 5"i 
 
 effect. shall by a vote of two-thirds of all the votes thrown in the 
 
 city at such meetings adopt the same. But if within one year 
 from the approval of this act the city shall accept this act by 
 such concurrent vote of the city council and of the citizens as 
 aforesaid, then the act shall be in force thereafter and be bind- 
 ing upon the city according to its true tenor and effect but not 
 otherwise. 
 Proceeds of Sect. 14. And whcreas, the State of Maine by an act en-, 
 
 lands and titled "an act to provide means for the defence of the nortli- 
 
 claims donated ,. . „ i -»«■ i n i . i 
 
 by State, how eastern rrontier, ' approved March twenty-iourth, eighte'eli 
 applied. hundred and sixtj'-four, donated all its lands lying in the 
 
 county of Piscataquis to aid the construction of a branch 
 railway to the slate qnarries in the valley of the Pleasant river 
 at Brownville, and to the Katahdin Iron Works from any point 
 on the line between Oldtown and Lincoln; it is hereby de- 
 clared that the proceeds of said lands derived from the sale of 
 land and timber, or from the bonds secured by mortgage of 
 said lands shall be applied by said railway company to the 
 building of said branch railway as described in this act; and 
 all moneys, lands, or other securities applicable to the building 
 ■ of said branch railway received from the claims of Maine and 
 Massachusetts upon the United States government shall be 
 applied to the building of said railway as described in this 
 section not ^ct; but before this section of this act shall become binding 
 T^^fd'bT^ upon the European and North American Railway it shall De 
 vote of stock- accepted by said European and North American Railway Com- 
 N. a.'e! k. Co. P^^y by a majority vote of the stockholders thereof at a 1^»1 
 meeting to be duly- called for that purpose. 
 
 Sect. 15. This act shall take effect when approved by the 
 governor. Ajojoroved February 28, 1867. 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 197 
 
 LAWS OF 1867, CHAP. 378. 
 
 An act to revive and extend the charter of the Bangor and Piscataquis 
 Railroad Company. 
 
 Be it enacted^ <&c. Sect. 1. The act entitled "an act to 
 
 • -n •! T /~i )) Former acts of 
 
 incorporate tJje Bangor and riscataquis Kailroad (Jompany, incorporation 
 approved March fifth, eighteen hundred sixty-one, and the act '«^'™^' 
 to extend the provisions of the same, approved February ninth, 
 eighteen hundred sixty-six, are hereby so far revived and 
 renewed, as that said corripany may avail itself of said act of 
 incorporation, and may locate thp line of its road at any time 
 within two years from the passage of this act, from some point 
 on the line of the European and North American Eailway, in Location and 
 the town of Milford, and passing above the lower Penobscot t^e°for°om- 
 boom to the valley of the Piscataquis river, and from such pietion. 
 point up the valley of said river to the village of Dover or 
 Foxcroft, and thence to Moosehead Lake, as provided in said 
 original act of incorporation; and a further time of two years 
 thereafter is allowed said company in which to finish and com- 
 plete its line and branches. 
 
 Sect. 2. In case the Bangor and Piscataquis Eailroad Com- Lands in Pis- 
 pany shall locate the line of their railway within two years <=a?a<iuis oo. 
 
 „ . " ■' conveyed to aid 
 
 from the passage of this act, into the valley of the Piscataquis in construction 
 ri^er, in the town of Medford or Milo, and complete the same 
 within four years from the date of the approval of this act, 
 and extend its line from a point of connection with the main 
 line of the European and North American Railway in the 
 town of Milford, as aforesaid, and become a branch of said 
 Eui-opean and North American Railway Company, said Ban- 
 gor and Piscataquis Railroad Company may, with the consent 
 of the European and North American Railway Company, 
 become entitled to all lands lying in the county of Piscata- 
 quis, granted, or hereafter to be granted by, the State of Maine 
 to aid the construction of a branch line of the European and 
 North American Railway to the slate quarries in the valley of 
 the Pleasant river at Brownville, and to the Katahdin L-on 
 Works, as provided in chapter Ifour hundred and one of the 
 special laws of eighteen hundred sixty-four, entitled "an act 
 
 and conditions 
 of same. 
 
198 
 
 EITEOPEAN AND NORTH AMERICAN RAILWAY. 
 
 to provide means for the defence of the northeastern frontier;" 
 
 Further aid by and all moneys, lands or other securities, applicable to the 
 
 claim against building of Said branch" railway, received from the elauns of 
 
 u. s. goyem- Maine and Massachusetts upon the United States government, 
 
 shall be applicable and be applied to the building of said 
 
 branch railvyay, as described in the act aforesaid, "to provide 
 
 means for the defence of the northeastern frontier ;" j)rovided, 
 
 however, that the gauge of the Bangor and Piscataquis Eail- 
 
 road shall be uniform with that of the European and North 
 
 American Railvray, and be so located and constructed as to 
 
 form a connecting road therewith. 
 
 Sect. 3. This act shall take effect when approved by the 
 governor. Approved February 28, 1867. 
 
 Exempt from 
 taxation. 
 
 Proviso. 
 
 LAWS OF 1867, CHAP. 395. 
 
 Be it enacted, t&c. Sect. 1. The shares of the capital stock 
 of the Kennebec and Wiscasset Railroad Company, also the 
 Knox and Lincoln Railroad Company, and also the Dexter 
 and Newport Railroad Company, also the Belfast and Moose- 
 head Lake Railroad Company, and also the Bangor and Pis- 
 cataquis Railroad Company are hereby exempted from taxa- 
 tion for the term of ten years from the time said railroads shall 
 be opened for traYel, provided, however, that said shares shall 
 be entered frorn year to year on the assessment books and re- 
 turned with the valuation of the several places in which said 
 shares may be owned, for the purpose of making the State 
 valuation. i 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved March 1, 1867. 
 
 LAWS OF 1868, CHAP. 421. 
 
 An act to authorize the town of Dover to raise money to aid in the con- 
 struction of the Bangor and Piscataquis Railroad. 
 
 Tax or loan to Be it enacted, c&c. Sect. 1. The town of Dover, in the 
 
 TaiuaHon™ county of Piscataquis, may, at any legal meeting, duly notified 
 
 and holden for that purpose, raise by tax or loan such sum oi 
 
 money as the town shall deem expedient, not exceeding one 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 199 
 
 and one-half per cent, on the vahiation made by the assessors 
 of said town for the year one thousand eight hundred and six- °^ ^^^ '" " 
 ty-seven, and may appropriate the same to aid in the construc- 
 tion of the Bangor and Piscataquis Railroad in such manner 
 as they shall deem proper ; provided, that two -thirds of the Proviso, 
 legal voters present and voting at such meeting shall vote 
 therefor. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved January 27, 1868. 
 
 LAWS OF 1868, CHAP. 451., 
 
 An act to amend the charter of the Bangor and Piscataquis Railroad 
 
 Company. 
 
 Be it enacted, <&c. Sect. 1. The charter of the Bangor 
 and Piscataquis Railroad Company is hereby so amended that withE.&N.A. 
 the said road may be so located and constructed as to connect ^- ?• auf^or- 
 
 •' _ ized. 
 
 with the European and North American Railroad, either at 
 Milford or Oldtown, as the directors of said Bangor and Pis- 
 cataquis Railroad shall determine. 
 
 Sect. 2. Said corporation is hereby authorized to locate Maycroes 
 and build said road across Orson Island, and to take the neces- 
 sary land therefor, paying to any member or person of the 
 Penobscot tribe of Indians any damage he may suffer thereby, 
 to be determined according to the provisions of chapter fifty- 
 one of the revised statutes and the acts in addition thereto. 
 Approved February 5, 1868. 
 
 LAWS OF 1868, CHAP. 470. 
 
 An act to authorize the city of Bangor to aid the construction of a railroad 
 into Piscataquis county. 
 
 Loan of credit 
 by city and 
 limit tlieieof. 
 
 Be it enacted, dec. Sect. 1. The city of Bangor is hereby 
 authorized to loan its credit to the Bangor and Piscataquis by city and 
 Railroad Company in aid of the construction of their railroad 
 into Piscataquis county, to an amount not exceeding fifteen 
 thousand dollars per mile, upon its compliance with the follow- 
 ing terms and conditions : 
 
200 
 
 EUROPEAN AND NOKTH AMERICAN RAILWAY. 
 
 Conditions of 
 same. 
 
 Payments, 
 when made. 
 
 Sect. 2. If this act shall be accepted as hereinafter provided, 
 and said company shall within two years from its approval 
 locate its line, and shall within four years from its approval 
 complete their railroad to the Piscataquis river, at or near the 
 village of Milo, and thence to the village of Dover or Fox- 
 croft, from some point on the line of the European and North 
 American Railway in the town of Milford or Oldtown, to the 
 approval of the mayor and aldermen of said city of Bangor, 
 as a first class railroad, so that cars may pass over the same 
 the whole distance, and sHall perform the other conditions 
 hereinafter named, then the said company shall be entitled to 
 receive the full amount of fifteen thousand dollars per mile, as 
 herein provided. 
 
 Sect. 3. When said company shall complete five miles of 
 said railroad from its southern terminus, connecting, such other 
 railroad as aforesaid, then they shall be entitled to receive the 
 sum of seventy-five thousand dollars, and a like sum for every 
 additional five miles so completed, and so on till the whole 
 line is finished by the running of cars thereon, all said pay- 
 ments to be made by the scrip of said city, payable to the 
 holder thereof in such suras as the directprs of said road may 
 determinef, with coupons for inter^t att^hed, payablfe semi- 
 annually, the principal payable in thirty years from the date 
 thereof, and all payable in Boston or New York, and the same 
 to. be signed by the city treasurer and countersigned by the 
 mayor of said city. 
 
 Sect. 4. Concurrent with the issue" aiTd delivery of said city 
 ationtoc°i?yaiid scrip as aforesaid, the president and directors of said company, 
 conditions jn their official capacity, shall execute and deliver to the said 
 
 thereof. r j t 
 
 treasurer, the bond of said company, the penal sum in said 
 bond to be double the amount of the scrip authorized to be 
 issued at that time; said bond shall be made payable to said 
 city, and shall be conditioned that said company will duly pay 
 the interest on such scrip of said city as shall be issued at the 
 time of the date of the bond respectively, and also the pritei- 
 pal thereof, according to the tenor of the scrip, and in all 
 respects will hold and save harmless the siaid citj^on account 
 of the issue of the same ; the said president and directors of 
 
 Where and 
 when payable. 
 
EITROPEAN AKD NORTH AMEKICAN RAILWAY. 201 
 
 said company shall also, in case of the issuing of the scrip of 
 
 said city, as provided in section two of this act, and simulta- potation to 
 
 neously therewith, make, execute and deliver to the said city issue to city in 
 
 J ' ' 1 1 1 J equal amount 
 
 treasurer the scrip of said company payable to the holder with scrip of 
 thereof, at the same time and for the same amount as the scrip "'"^' 
 then issued by said treasurer to said company, with like cou- 
 pons for the interest attached; which said scrip shall be held TobeheWby 
 by said city as collateral security for the fuMment of the con- ^i, and*to * 
 ditions of the said bond; and in default of any one of said default of con- 
 
 ' _ "^ . . ditions of bond, 
 
 conditions, said city may from time to time sell said scrip, or sold by auction. 
 
 any portion thereof, by public auction or auctions, in the cities 
 
 of Bangor, Boston or New York, or either of them, after sixty 
 
 days' notice in writing to the president, or one of the directors, 
 
 or any three of the stockholders of said company, naming 
 
 therein the time and place of sale. The net proceeds of all 
 
 such sales shall be endorsed on said bond. 
 
 Sect. 5. The president and directors of said company are corporation to 
 hereby authorized, and it shall be their duty, in their official give city secu- 
 
 . n . T . . 1 1 ri'y by mort- 
 
 capacity, upon the receipt ot said city scrip, and upon the gage of corpor- 
 delivery of their bond to said city to secure the payment of atep™p«rty 
 
 ■^ "^ 1. c/ g^jj^ firancnise. 
 
 the same, to execute and deliver to said city treasurer, a mort- 
 gage without prior incumbrance, of their railroad from Mil- 
 ford or Oldtown northward or westward into Piscataquis 
 county, and all of the property, real and personal, including 
 the franchise thereof; said mortgage shall be executed accord- 
 ing to the laws of this State, and shall be in due and legal 
 form, and shall contain apt and sufficient terms to secure the 
 said city the fulfilment of the conditions in said bond contained. 
 
 Sect. 6. For the purpose of foreclosing said mortgage for i^ojeciosure of 
 conditions broken, it shall be sufficient for the said mayor and mortgage, how 
 aldermen to give notice according to the mode prescribed in made, 
 the revised statutes for the foreclosure of mortgages, by pub- 
 lication of notice thereof, which may be published in a news- 
 paper printed in Bangor, and a record thereof may be made 
 within thirty days after the date of the last publication in the 
 registry of deeds for the county of Penobscot, which publica- 
 tion and record shall be sufficient for the purpose of such fore- 
 closure. Upon the expiration of three years from and after 
 
202 
 
 EUROPEAN ANB NORTH AMERICAN RAILWAY. 
 
 City may take 
 poBsession of 
 road upon non- 
 fblfllment of 
 conditions. 
 
 Income of road, 
 how beld and 
 applied. 
 
 Possession and 
 transfer of 
 road to city, i 
 bow made, &c. 
 
 AU moneys 
 thereafter 
 received 
 made payahle 
 to city. 
 
 such publication, if the condition shall not within that time 
 have been fulfilled, the foreclosure shall be complete, and shall 
 make the title to said road, and to all the property and fran- 
 chises aforesaid, absolute in said city. 
 
 Sect. 7. K the directors of said company shall at any time 
 neglect or omit to pay the interest which may become due 
 upon any portion of the scrip issued and delivered under the 
 provisions of this act, or to pay the principal as it shall become 
 due, or to comply with any of the conditions of said bondB, 
 the city of Bangor may take possession in the manner herein- 
 after provided of the whole of said railroad, and of all the 
 property, real and personal, of the company, and of the fran- 
 chise thereof, and may hold the same and apply the income 
 thereof to make up and supply such deficiency, and all further 
 deficiencies that may occur while the same are so held, until 
 such deficiencies shall be fully made up and discharged. A 
 written notice, signed by the mayor and aldermen, and served 
 upon the president or treasurer, or any director of the cpm- 
 pany, or if there are none such, upon any stockholder of the 
 company, stating that the city thereby takes actual possession 
 of the whole line of the railroad, and of the property and 
 franchise of the company, shall be a sufficient actual possession 
 thereof, and shall be a legal transfer of all the same, for the 
 purposes aforesaid, to the city, and shall enable the city to 
 hold the same against any other claims thereon until such pur- 
 poses have been fully accomplished. 
 
 Sect. 8. All moneys received by or for the said railroad 
 company, after notice as aforesaid, from any source whatever, 
 and by whomsoever the same may be received, shall belong 
 to, and be held for the use and benefit of the city in manner 
 and for the purposes herein provided, and shall, after notice 
 given to persons receiving the same respectively, be by them 
 paid to the city treasurer, which payment shall be an effectual 
 discharge from all claims of th* company therefor ; but if any 
 person, without such notice, shall make payment of moneys so 
 received to the treasurer of the company, such payment shall 
 be a discharge of all claims of the city therefor; all moneys 
 received by the treasurer of the company, after such noticC) 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 203 
 
 or in his hands at the time such notice may be given, shall be Moneys in 
 
 •^ o ^ hands of treas- 
 
 by him paid to the city treasurer, after deducting the amount urer to be paid 
 expended, or actually due for the running expenses of the ^^°^ after Mr- 
 road, for the services of the officers of the companv and for taindeduo- 
 
 , „ tions. 
 
 repairs necessary for conducting the ordinary operations of 
 
 the road. Such payments to the city treasurer shall be made when made 
 
 at the end of every calendar month, and shall be by him treasurer ap-' ^ 
 
 applied to the payment of all tlie interest and principal due as p"®"*- 
 
 aforesaid. And any person who shall pay or apply any 
 
 moneys received, as aforesaid, in any manner contrary to the persons for 
 
 foregoing provisions, shall be liable therefor, and the same "<>'at'<'»o*' 
 
 ° ° -"^ ' ' foregoing pro- 
 
 may be recovered in an action for money had and received, in Tisions. 
 
 the name of the city treasurer, whose duty it shall be to sue 
 
 for the same, to be by him held and applied as herein required. 
 
 Sect. 9. For the purpose of effecting the objects prescribed 
 
 in the tw9 preceding sections, the mayor and aldermen may and powers of 
 
 cause a suit in equity to be instituted in the name of the citv ^' *^' ^°^^ "^ 
 
 , " regard thereto. 
 
 of Bangor, in the supreme judicial court, in the county of 
 Penobscot, against said company, directors, or any other per- 
 son, as may be necessary for the purpose of discovery, injunc- 
 tion account, or other relief under the provisions of this act ; 
 and any judge of the court may issue a writ of injunction, or 
 any other suitable process, on any such bill, in vacation or in 
 term time, with or without notice, and the court shall have 
 jurisdiction of the subject matter of such bill, and shall have 
 auch proceedings, and make such orders and decrees, as may 
 be within the power, and according to the course of proceed- 
 ings of courts of equity, as the necessities of the case may 
 require. 
 
 Sect. 10. If the said railroad company shall, after notice of City, after 
 possession as aforesaid, neglect to choose directors thereof, or "e'sstoifmay" 
 any other necessary officers, or none such shall be found, the appoint officers, 
 mayor and aldermen of the city shall appoint a board of di- 
 rectors, consisting of not less than seven persons, or any other 
 necessary officers, and the persons so appointed shall have all „, 
 
 "• ^ ' Their powers 
 
 the power and authority of officers chosen or appointed under and duties, 
 the provisions of the act establishing said company, and upon 
 their acceptance such officers shall be subject to all the duties 
 and liabilities thereof. 
 
204 
 
 EUROPEAlir AND NORTH AMEEICAN RAILWAY. 
 
 The directors to 
 be chosen an- 
 nually by city 
 until extin- 
 guislunent of 
 loan. 
 
 Liabilities 
 assumed or 
 Incurred by 
 city to create 
 prior lien on 
 road, franchise, 
 &c. 
 
 How enforced. 
 
 Lien not 
 affected by 
 mortgage or 
 other securities. 
 
 Act, when and 
 how accepted 
 by city. 
 
 Sect. 11. The city shall appoint two of the directors of the 
 said railroad company from among the stockholders, who shall 
 be chosen annually by the city council in joint ballot, before 
 the annual meeting of said company for the choice of their 
 officers, who shall have the same authority in transacting the 
 business of said company, and who shall be entitled to like 
 compensation from the company, as any other director. But 
 the right to choose such director shall cease when the loan con- 
 templated is extinguished. 
 
 Sect. 12. As an additional or cumulative protection for said 
 city, all liabilities which by said city may be assumed or incur- 
 red under or by virtue of any of the provisions of this act, 
 shall at the time, and by force thereof, and for the secm-ity 
 and payment of the same, create in favor of said city a lien on 
 the whole of said railroad, its franchise, and all its appendages, 
 and all real and personal property of said railroad corporation, 
 which lien shall have prefei'ence and be prior to all other liens 
 and incumbrances whatever on the said road from Milford or 
 Oldtown northward or westward in Piscataquis county, and all 
 the other property of said railroad corporation, and said lien 
 shall be enforced and all the rights and interests of said city 
 shall be protected when necessary by suitable and proper judg- 
 ments, injunction or decrees of said supreme judicial court, on 
 a bill or bills in equity, which power is hereby specially con- 
 ferred on said court. And it is hereby provided, that the said 
 lien provided for in this section shall not be deemed waived or 
 ineffectual by the acceptance on the part of said city, of any 
 mortgage or other securities contemplated by the provisions of 
 this act, or otherwise. 
 
 Sect. 13. This act shall not take effect or be of any force 
 until the city council of said city, by a e<>flcurrent vote of at 
 least two-thirds of the members of each branch present and 
 voting, shall submit the same to a vote of the people of the 
 city, and the legal voters of the city in legal ward meetings 
 shall by a vote of two-thirds of all the votes thrown in the city 
 at such meetings adopt the same. But if within one year from 
 the approval of this act the city shall accept this act by such 
 concurrent vote of the city council and of the citizens as afore- 
 
EUKOPEAN AND NORTH AMERICAN EAILWAT. 205 
 
 said, then the act shall be in force thereafter, and be binding 
 upon the city according to its true tenor and effect, but not 
 otherwise. 
 
 Sect. 14. And whereas, the State of Maine by an act cn- 
 
 " Moneys and 
 
 titled "an act to provide means for the defence of the north- proceeds of 
 eastern frontier," approved March twenty-fourth, eighteen b*°a(,t ofTfiM, 
 hundred and sixty-four, donated all its lands lying in the coun- to be applied 
 
 , ■ T T • p ' 1 1 •! ^ construction 
 
 ty of Piscataquis to aid the construction of a branch railway of road, 
 to the slate quarries in the valley of the Pleasant river at 
 Brownville, and to the Katahdin Iron Works from any point 
 on the line between and including Oldtown and Lincoln ; it is 
 hereby declared that the proceeds of said lands derived from the 
 sale of land and timber, or from the bonds secured by mort- 
 gage of said lands, shall be applied by said railway company 
 to the building of said branch railway as described in this act ; 
 and all moneys, lands or other securities applicable to the 
 building of said branch railway received from the claims of 
 Maine and Massachusetts upon the United States government 
 shall be applied to the building of said railway as described in 
 this act; but before this section of this act shall become bind- ^™™ctkin°* 
 ing upon the European and North American Railway, it shall "ot Wnding 
 be accepted by said European and North American Railway A.Eaiiway 
 Company by a maiority vote of the stockholders thereof at a ""*'! »«<=«p*«'1 
 
 ^ J <i J J by stockholders 
 
 legal meeting to be duly called for that purpose. thereof. 
 
 Sect. 15. That the "act to authorize the city of Bangor to . .. ,„ ^ „. 
 
 *' o Act of Feb. 28, 
 
 aid the construction of a railroad into Piscataquis county," ap- 1867, repealed, 
 proved February twenty-eighth, in the year of our Lord one 
 thousand eight hundred and sixty-seven, be and the same is 
 hereby repealed. 
 
 Sect. 16. If the said company shall at any time neglect or 
 
 . . . '' ° Non-folfilment 
 
 omit to pay the interest which may become due upon any por- of conditions 
 tion of the scrip issued and delivered under the provisions of erto"enawr'' 
 this act, or to pay the principal as it shall become due, or to «''y*» ^^ 
 comply with any of the provisions of said bonds, then said city road and man- 
 of Bangor may take actual possession of said road with all its '*^'' ^*™®' 
 appnrtenances, and to manage the same as fully as a board of 
 directors of said company for the time being, to appoint the Powers of city 
 requisite officers and agents, and to discharge the same, -to fix Igemrat"'"'" 
 
206 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Eamings, how 
 applied. 
 
 When to relin- 
 guiah control 
 of road. 
 
 Proviso. 
 
 the rate of fare and tolls, subject to the restrictions of the 
 charter of said company, and to demand and receive the same 
 with the right to prosecute and defend suits in the name of 
 said company, and to do all things which said company itself, 
 or the directors thereof, might or could lawfully do, after pay- 
 ing the running expenses ; said city may apply sufficient of tte 
 earnings of said road to keep it, its buildings and equipments, 
 in repair, and to prevent any deterioration thereof, and to pro- 
 vide for such new rolling stock as may be necessary, and then 
 to apply the residue of said earnings to the payment of the in- 
 terest, coupons and scrip or bonds aforesaid; and whenever 
 said interest and all dishonored coupons, scrip or bonds, se- 
 cured by said mortgage, referred to in this bill, shall have been 
 paid, said city shall relinquish the control of said road and de- 
 liver any property of said company in its possession to said com- 
 pany or its assigns ; provided however, said city, its officers or 
 agents while operating said road under the provisions of this 
 section, shall not be liable except for malfeasance or fraud, and 
 shall have the riglit to apply any funds received from the earn- 
 ings of said road in the management of said road for which 
 said city shall be liable in land to third parties, and the de- 
 livery back to said company of any property of said company 
 in its possession, shall be no discharge of its lien thereon, nor 
 prevent said city from again taking possession of said road and 
 property on any future breach of the condition of said bond. 
 
 Sect. 17. This act shall take effect when approved- -Ap- 
 proved February 12, 1868. 
 
 How amended. 
 
 LAWS OF 1868, CHAP. 575. 
 
 An act to amend an act entitled "an act to renew and extend the charter 
 of the Bangor and Piscataquis Railroad," approved February twenty- 
 eighth, eighteen hundred sixty-seven. 
 
 Be it enacted, <&c. Sect. 1. Section one of said act is here- 
 by amended by adding after the word "Milford," in the ninth 
 line "or Oldtown ;" and also by adding the same words after 
 the word "Milford," in section two, seventh line ; and also by 
 striking out the words "above the lower Penobscot boom," in 
 the ninth and tenth lines of section one. Approved FehnafU 
 24, 1868. 
 
EUEOPEAN AND NORTH AMERICAN RAILWAY. 207 
 
 LAWS OP 1869, CHAP. 174. 
 
 An act to amend chapter fifty-nine of the laws of eighteen hundred sixty- 
 one, entitled "an act to incorporate the Bangor and Piscataquis Kailroad 
 Company." 
 
 Beit enacted, <&c. Sect. 1. Section two of said act is here- ^^^^^^^^^ 
 by amended by striking out the words "a majority of whom Quorum, stock- 
 shall form a quorum," and insert the words "and the stock- ^"J^^";^*^ 
 holders of said company, at its annual meeting, may determine number requir- 
 what number of its directors shall constitute a quorum, and ^^^^^^^„ 
 said directors shall have the right by a vote of said stock- befiiied'by 
 holders, to fill any vacancy in said board of directors." 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February, 26, 1869. 
 
 LAWS OF 1870, CHAP. 381. 
 
 An act to enable the city of Bangor to extend further aid to the Bangor 
 and Piscataquis Railroad Company. 
 
 Be it enacted, die. Sect. 1. The city of Bangor is hereby 
 authorized to make a further loan of its credit, in scrip to be 
 hereafter issued, to the Bangor and Piscataquis Railroad Com- 
 pany, to aid in the completion and equipment of its railroad 
 from Oldtown to Dover, and for other necessary purposes con- 
 nected therewith, \ipon the following terms and conditions, 
 and not exceeding the sum of one hundred and twenty-five Amountofioan. 
 thousand dollars. 
 
 Sect. 2. If this act shall be accepted as hereinafter provided, 
 whenever the directors of said company shall from time to time, 
 within one year from and after said acceptance, decide by their 
 vote that it is for the interest of said company to receive a cer- 
 tain part of the scrip authorized to be issued for any of the 
 above purposes, and the president of said company shall com- 
 municate said vote to the mayor and aldermen of said city, and 
 request them, in writing, to issue and deliver to said company 
 such part of said scrip as is required by said vote, then if said 
 mayor and aldermen are satisfied that it will be for the interest 
 of said company to receive a part of said scrip, authorized by 
 
 Conditions. 
 
208 EUEOPEAN AND NORTH AMERICAN RAILWAT. 
 
 this act to be used for any of said purposes, they shall there- 
 upon certify that fact to the treasurer of said city, stating to 
 him the amount of scrip to be issued and delivered at that 
 time, and he sliall forthwith issue and deliver to said company 
 said scrip to said amount, and so on, till the whole amount of 
 said scrip authorized by this act, shall, if necessary for said 
 purposes, be delivered; said mayor and aldermen to decide 
 whether the same be necessary. All of said scrip shall be 
 Scrip, how signed by the city treasurer, and countersigned by the mayor 
 
 Sd when made ^^ ^^^^ ^^'^J' ^^^ ^''^^^ ^^^^ '^^^^ °^ *^® ^^'^* ^®™® thereof, and 
 payable. be made payable to the holder thereof in such sums as said 
 
 directors may determine, with coupons for interest attached, 
 reckoned at the rate of six per cent, per annum, payable semi- 
 annually, free of government tax, the principal payable on the 
 first day of April, in the year of our Lord one thousand eight 
 hundred and ninety-nine, in Boston ; and be secured by the 
 
 Bondandmort- bond and mortgage of said company, hereinafter mentioned, 
 which shall be executed and delivered to the city treasurer on 
 the first issue of said delivery of any of said scrip. 
 
 Sect. 3. Concurrent with the first issue and delivery of any 
 
 Company to part of Said scrip as aforesaid, the president and directors of 
 
 Issue bonds to . , . ™i . , j- i n 
 
 city in double Said Company, in their oHicial capacity, shall execute and de- 
 amount of scrip jjygj, q^. eause to be executed and delivered, to the treasurer of 
 
 of city. ' ' 
 
 said city, the bond of said company in the penal sum of double 
 
 the amount of said city scrip authorized to be issued by this 
 
 act; said bond shall be made payable to said city, and shall be 
 
 Conditions of conditioned that said company will duly pay the interest on 
 
 same. jr 1/ j l j 
 
 such scrip of said city as shall be issued under and by virtue of 
 this act, and said government tax, and also the principal there- 
 of, according to the tenor of said scrip; and in all respects will 
 hold and save harmless said city on account of the issue of the 
 same ; said president and directors shall also, in case of the 
 Com an furth- i^suing of Said scrip of said city, as provided in section two of 
 er required to this act, and simultaneously therewith make, execute and de- 
 city. liver, or cause to be made, executed and delivered to said city ; 
 
 treasurer, the scrip of said company, payable to the holder 
 thereof at the same time and for the same amount as the scrip 
 then issued and delivered by said city treasurer to said com- 
 
in default of 
 conditions. 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 209 
 
 pany, with like coupons for interest attached, which scrip shall be 
 
 held by said city as collateral security for the fulfilment of the same to behew 
 
 ■' as collateral, 
 
 conditions of said bond, and in default of any one of said con- and sold by city 
 
 ditions said city niay from time to time sell said scrip, or any 
 
 portion thereof, by public auction or auctions, in the cities of 
 
 Bangor, Boston or New York, or either of them, after sixty 
 
 days' notice in writing to the president, one of the directors 
 
 or any three of the stockholders of said company, naming there- ' 
 
 in the time and place of sale. The net proceeds of all such 
 
 sales shall be endorsed on said bond. 
 
 Sect. 4. The president and directors of said company are 
 hereby authorized, and it shall be their duty in their official fir^fstuaof^"" 
 capacity, upou the receipt of the first issue and delivery of said '"'P' *" "ieUver 
 city scrip, and upon the delivery of said bond of said company company to 
 
 to said city treasurer to secure the payment of the same, to 
 
 city treasure? 
 and mortgage 
 
 execute and deliver or canse to be executed and delivered to said »<■ corporate 
 city treasurer a mortgage of said railroad and of all the prop- 
 erty of said company, real and personal, which said company 
 then has or may thereafter acquire, together with the franchise 
 of said company without prior incumbrance except as herein- 
 after mentioned, which mortgage shall be in due and legal 
 form and executed according to the laws of this State, and con- 
 tain apt and sufficient terms to secure to said city the fulfil- 
 ment of all the conditions of said bond and said mortgage, so 
 executed and delivered and recorded in the registry of deeds 
 for the county of Penobscot, shall to all intents and purposes 
 be and the same is hereby declared to be a full and complete 
 transfer of said railroad of all the property of said company 
 real and personal then owned by said company or subsequent- 
 ly to be acquired, wherever the same may be found or situated, 
 and also of the franchise of said company, subject only to the 
 conditions and exceptions contained in said mortgage. Said 
 mortgage, property, real and personal, and said franchise, shall 
 be subject to all mortgages heretofore given by said company 
 to said city and now existing, and also to one other mortgage 8°'>oect to prior 
 
 X. ft * u • V -A ^ -A : / mortgages. 
 
 hereatter to be given by said company to said city, under 
 and by virtue of the provisions of an act to authorize the city 
 of Bangor to aid the construction of a railroad into Piscataquis 
 
 Mortgaged 
 property to be 
 
Proviso. 
 
 210 EUROPEAN AKD NORTH AMERICAN RAILWAY. 
 
 county, passed February twelve, eighteen hundred and sixty- 
 eight, and an act additional thereto, passed February eleven, 
 eighteen hundred and sixty-nine, which mortgage said com- 
 pany reserves the right to give, on receiving the scrip of said 
 city, to which said company may hereafter be entitled agree- 
 ably to the provisions of said two acts, which mortgage, when 
 executed and recorded agreeably to the provisions of said two 
 acts, is to have priority to said mortgage executed and delivered 
 under the provisions of this act; provided however, that said 
 city shall at all times, whenever the mayor and aldermen may 
 so decide, after the issue of any scrip contemplated by this act, 
 and before all the scrip thus issued shall be extinguished have 
 the right to take and hold possession of all the real and per- 
 sonal property of said company until said scrip shall be extin- 
 • guished, subject only to the rights of said city under the mort- 
 gages hereinbefore mentioned, anything in this act to the 
 contrary notwithstanding. 
 Foreclosure, for Sect. 5. For the purposc of foreclosing said mortgage for 
 conditions conditions broken, it shall be suflScient for the said mayor and 
 
 broken. , , _ 
 
 aldermen to give notice according to the mode prescribed in 
 the revised statutes for the foreclosure of mortgages by publi- 
 cation of notice thereof, which may be published in a newspaper 
 printed in Bangor, and a record thereof made within thirty 
 days after the date of the last publication in the registry of 
 deeds for the county of Penobscot, which publication and 
 record shall be sufiScient for the purpose of such foreclosure, 
 Upon the expiration of three years from and after such publi- 
 
 Upon expira- ^ ^ ^ ■' ^ 
 
 tion, foreclosure cations, if the Condition shall not within that time have been 
 to e comp e e. ■f^Jg^|g(J^ ^i^ foreclosure shall be complete, and shall make the 
 title to said road, and to all the said property, real and per- 
 sonal, and said franchise, absolute in said city. Said fore- 
 said foreoios- closure shall not be considered as the foreclosure of any. other 
 erTd"Mforecios- mortgage now given, or hereafter to be given under said two 
 ure of any other acts, by Said Company to said city, iior shall any of the pro- 
 ceedings or remedies under, and by virtue of this act, in any 
 way affect the rights and remedies of said city, or of said com- 
 pany, under and by virtue of said other mortgages, and under 
 and by virtue of said two acts. ' 
 
Possession, io* 
 taken. 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY, 211 
 
 Sect. 6. If the directors of said coriipany shall at any time 
 neglect or omit to pay the interest and said tax, which may be- p"!^ent of°oi 
 come due upon any portion of the scrip issued and delivered principal, or 
 
 ..»,. 1 -.1 .i non-fulfilment 
 
 under the provisions oi this act, or to pay the principal as it of ^ona, city 
 becomes due, or to comply with any of the conditions of said anti'ori^'e* *f 
 bond, the city of Bangor may take possession in the manner of road, 
 hereinafter provided, of the whole of said railroad, and of all 
 the property, real and personal, of said company, and of the 
 franchise thereof, and may hold the same, and apply the in- 
 come thereof to make up and supply such deficiencies that may 
 occur while the same are so held, until all deficiencies shall be 
 fully made up and discharged. A written notice signed by y^^l^ 
 the mayor and aldermen, and served upon the president or 
 treasurer, or any director of said company, or, if there are 
 none such, upon any stockholder -of said company, stating that 
 the city thereby takes actual possession of the whole line of 
 the railroad, and of the property and franchise of the company, 
 shall be a sufBcient actual possession thereof, and shall be a 
 legal transfer of the same, for the purposes aforesaid, to the 
 city, and shall enable the city to hold the same against any 
 other claims thereon, except the claims of said city hereinbe- 
 fore mentioned, until such purpeses have been fully accom- 
 plished. 
 
 Sect. 7. All moneys received by or for the said railroad Moneys rec* 
 company, after notice as aforesaid, from any source whatever, ®^' '?*"' *'" 
 and by whomsoever the same may be received, shall belong to 
 and be held for the use and benefit of the city in manner, and 
 for the purposes herein provided, and shall, after notice given 
 to the persons receiving , the same, respectively be by them 
 paid to the city treasurer, which payment shall be an eflFectual 
 discharge from all claims of said company therefor ; but if any 
 person without such notice shall make payment of moneys so 
 received to the treasurer of said company, such payment shall 
 be a discharge of all claims of the city therefor, against such 
 person. All moneys received by the treasurer of said company, 
 after such notice, or in his hands at the time such notice may 
 be given, shall be by him paid to the city treasurer, after de- 
 ducting the amount expended or actually due for the running 
 
212 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 Payments to be 
 made to city 
 treasurer 
 i^ontbly; how 
 applied. 
 
 Liability for 
 wrong appiica- 
 tion of money. 
 
 Suit in equity 
 Authorized. 
 
 Injunctions, S. 
 J. court, powers 
 of, in relation to 
 same. 
 
 Non-payment 
 of interest or 
 principal. 
 
 City may take 
 possession, and 
 appoint requi- 
 site officers, &c. 
 
 Powers of city 
 in management 
 of road. 
 
 expenses of the road, for the services of the oflBcers of the com- 
 pany, and for repairs necessary for conducting the ordinary 
 operations of the road. Such payments to the city treasurer 
 shall be made at the end of every calendar month, and shall be 
 by him applied to the payment of all the interest and such tax, 
 and principal due as aforesaid, and any person who shall pay 
 or apply any moneys received as aforesaid in any manner con- 
 trary to the foregoing provisions, shall be liable therefor, and 
 the same may be recovered in an action for money had and re- 
 ceived in the name of the city treasurer, whose duty it shall be 
 to sue for the same, to be by him held and applied as herein- 
 after required. 
 
 Sect. 8. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the mayor and aldermen may 
 cause a suit in equity to be instituted in the name of the city of 
 Bangor, in the supreme judicial court in the county of Penob- 
 scot, against said company, directors, or any other person, as may 
 be necessary for the purpose of discovery, injunction, account, 
 or other relief, under the provisions of this act; and any judge 
 of the court may issue a writ of injunction or any other suita- 
 ble process, or any such bill in vacation, or in term time, with 
 or without notice, and the court shall have jurisdiction of the 
 subject matter of such bills, and shall have such proceedings 
 and malie such orders and decrees as may be within the power 
 and according to the course of proceedings of courts of equity, 
 as the necessities of the case may require. 
 
 Sect. 9. If the said company shall at any time, neglect or 
 omit to pay the interest which may become due upon any por- 
 tion of the scrip issued and delivered under the provisions of 
 this act, or to pay the principal thereof, as it shall become due, 
 or said government tax, or to comply with any of the pro- 
 visions of said bond, then said city of Bangor may take 
 actual possession of said road with all its appurtenances, and 
 manage the same as fully as a board of directors of said com- 
 pany for the time being, may appoint the requisite officers and 
 agents, and discharge the same, may fix the rate of fare and 
 tolls, subject to the restrictions of the charter of said com- 
 pany, and may demand and receive the same, with the right 
 
EUROPEAN AND NOBTH AMEEICAN" RAILWAY. 213 
 
 to prosecute and defend suits in the name of said company, 
 and may do all things which said company itself, or the direc- 
 ' tors thereof, might or could lawfully do, and after paying the 
 running expenses, said city may apply sufiScient of the earn- 
 ings of said road to keep it and its buildings and equipment in 
 repair, and to prevent any deterioration thereof, and to pro- 
 vide for such new rolling stock as may be necessary and then 
 • to apply the residue of said earnings to the payment of said 
 interest, coupons, scrip or bond as aforesaid, and government 
 tax; and whenever said interest, and all dishonored coupons, 
 scrip or bonds, secured by said mortgage referred to in this 
 act, shall have been paid, said city shall relinquish the control 
 of said road, and deliver any property of said company in its 
 possession to said company or its assigns ; provided, however, 
 said city, its officers or agents, while operating said road, under 
 the provisions of this section, shall not be liable, except for 
 malfeasance or fraud, and shall have the right to apply any 
 funds received from the earnings of said road, to pay any dam- 
 ages that may arise in the management thereof, for which said 
 city shall be liable in law to third parties; and the delivery 
 back to said company any property of said company in its 
 possession, shall be no discharge of its lien thereon, nor pre- 
 vent said city from again taking possession of said road and 
 property on any future breach of the condition of said bond. 
 
 Sect. 10. If the said company shall after notice of posses- -^ -^ t^ 
 sion as aforesaid, neglect to choose directors thereof, or other choose direo- 
 necessary officers, or none such shall be found, the mayor and 
 aldermen of the city shall appoint a board of directors, con- proceedings, 
 sisting of not less than seven persons, or any other necessary 
 officers, and the persons so appointed shall have all the power 
 and authority of officers chosen or appointed under the pro- 
 visions of the act establishing said company, and who shall, 
 upon their acceptance of such offices, be subject to all the 
 duties and liabilities thereof. 
 
 Sect. 11. As an additional or cumulative protection for LJabUitieBi 
 said city, all liabilities which by said city may be assumed or currea or as- 
 incurred under or by virtue of any of the provisions of this act, toTr^te^auln 
 shall at the time and by force thereof, and for the secm-ity and """a*' *«■ 
 
214 EUEOPEAN AND NORTH AMERICAN RAILWAY. 
 
 payment of the same, create in favor of said city, a lien on 
 the whole of said road, its franchise, and all its appendages, 
 and all real and personal property of said company, which 
 lien shall have preference, and be prior to all other liens and 
 incumbrances whatever, except as hereinbefore excepted in 
 behalf of said city, on all of said road, wherever the same ia 
 now, or may hereafter be located, and on said franchise, and 
 on all other property, real and personal, of said company, and 
 said lien shall be enforced and all the rights and interests of 
 said city shall be protected, when necessary, by suitable and 
 proper judgments, injunctions or decrees of the supreme judi- 
 cial court in a bill or bQls in equity which power is hereby 
 specially conferi-pd on said court ; and it is hereby provided 
 that the said lien provided for in this section shall not be 
 deemed waived or ineffectual by the acceptance on the part of 
 said city, of any mortgage or other securities contemplated by 
 the provisions o^ this act or otherwise. 
 Cit mavap- Sect. 12. The city may appoint under this act two directors 
 
 point two direc- of Said Company from among the stockholders, who shall be 
 annually chosen by the city council, in joint ballot before the 
 annual meeting of said company for the choice of officers,, 
 who shall have the same authority in transacting the business 
 of said company, and who shall be entitled to like compensa- 
 tion from said company, as any other director. But the right 
 to choose such director shall cease when the loan contemplated 
 shall be extinguished. 
 
 Sect. 13. This act shall not take effect or be of any force 
 
 Act, when to .,„.,. 
 
 take effect. until the City council of said city, by a concurrent vote or at 
 least two-thirds of the members of each branch of the city 
 council, present and voting, shall snbmit the same to a vote of 
 the legal voters of the city, and the legal voters of the city in 
 legal ward meetings, shall, by a vote of two-thirds of all the 
 votes thrown in the city at such meetings, adopt the same. 
 But if within one year from the approval of this act, said city 
 shall accept said act by such concurrent vote of said city coun- 
 cil, and of said legal voters as aforesaid, then said act shall be 
 in force thereafter, and be binding upon said city according to 
 its true tenor and effect, but not otherwise. Said ward fflee^ 
 
EUROPEAN AND NOETH AMEETCAN EAILWAT. 215 
 
 ings shall be called, notified, held, returns and "made, declared ward meetings, 
 recorded, agreeably to the provisions of the city charter of 
 said city for calling and holding ward meetings for the choice 
 of city officers, and returns thereof. 
 
 Sect. 14. This act shall take effect when approved. Ap- 
 proved February 28, 1870. 
 
 LAWS OF 1871, CHAP. 523. 
 
 An act granting further time to the Bangor and Piscataquis Railroad 
 Company to complete their road. 
 
 Three years' 
 
 Be it enacted, c&c. Sect. 1. The Bangor and Piscataquis 
 Railway Company having constructed its road from its termi- additional time 
 nus in Oldtown to the town of Foxcroft, a distance of forty ^mpieting the 
 miles, a further time of three years is hereby granted said construction of 
 company, from the passage of this act, for locating the line of 
 its road from its depot in Foxci'oft to Moosehead Lake, and 
 the additional time of three years thereafter for completing 
 the construction of the same. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved January 27, 1871. 
 
 LAWS OF 1871, . CHAP. 619. 
 An act to extend the Bangor and Piscataquis BaUroad. 
 
 Be it enacted, c&c. Sect. 1 . The Bangor and Piscataquis 
 Railroad Company is hereby authorized and empowered to Aathorized to 
 extend, locate and construct a railroad from some point on the Railroad." 
 line of its road, as the same is or may be hereafter located at 
 or westerly of the town of Foxcroft on the most practicable 
 route through the counties of Piscataquis, Somerset and Frank- 
 lin, to the northwestern boundary of the State; provided, 
 that in making said extension, location and construction, said 
 company shall be subject to all the duties, restraints and obli- 
 gations imposed upon said company by an act entitled "an 
 act to incorporate the Bangor and Piscataquis Railroad Com- 
 pany," approved March five, eighteen hundred sixty-one, and 
 to all the amendments thereto, and shall also have and possess 
 
216 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 all the powers and privileges granted by said act and amend- 
 ments. 
 
 Sect. 2. Five years from the passage of this act is hereby 
 granted said company to locate and construct the said exten- 
 sion of said railroad as provided in section one. 
 
 Sect. 3. This act shall take effect when approved. J.j). 
 proved February 15, 1871. 
 
 LAWS OF 187X, CHAP. 676. 
 
 City of Bangor 
 authorized to 
 loan Its credit. 
 
 See laws of 1875, 
 Chap. 19. 
 
 Amount of loan. 
 
 Upon accept- 
 ance of act, 
 company shall 
 locate road. 
 
 An act to enable the city of Bangor to aid the Bangor and Piscataquis 
 Railroad Company in the extended construction of its railroad. 
 
 Be it enacted, &c. Sect. 1 . The city of Bangor is hereby 
 authorized to qiake a further loan of its credit, in scrip, to be 
 hereafter issued to the Bangor and Piscataquis Railroad Com- 
 pany, to aid in the extended construction of its railroad on a 
 line hereafter to be located and built under its charter as at 
 present revised and amended, from some point on the line of 
 its road at or near its present terminus, in Foxcroft, westerly 
 or northerly towards Moosehead lake, to an amount not 
 exceeding the rate of fifteen thousand dollars pfer mile, upon 
 its compliance with the following terms and conditions: 
 
 Sect. 2. If this act shall be accepted as hereinafter provided, 
 and said company shall, within three years of its approval,' 
 locate the line of its railroad, and shall within six years from 
 its approval complete said road from some point in the line 
 of its road at or near its present terminus in Foxcroft to some 
 point at or near Moosehead lake, to the satisfaction of the 
 mayor and aldermen of said city of Bangor, as a first-class 
 railroad in good running order, so that cars may pass over the 
 same the whole distance from or near said terminus, and shall 
 perform the other conditions hereinafter named, then said 
 company shall be entitled to receive the full amount of scrip 
 of fifteen thousand dollars per mile, and at that rate for sncli 
 part of said line of said railroad as shall from time to time 
 be so completed as hereinafter provided. 
 
 Sect. 3. When said company shall construct to the satisfac- 
 tion of the mayor and aldermen of said city, five miles of ite 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 217 
 
 said railroad, from said first named point in its said line wes- '^^^^g""'^''*^ 
 terly or northerly' towards said lake so far that the track shall completed, 
 be graded and the rails laid so that cars may run safely over be entitled to 
 the same, they shall certify that fact to the treasurer of said receive $12,000 
 
 ' •^ •^ _ of scrip per 
 
 city, and said company shall be entitled to receive from him miie. 
 twelve thousand dollars of said scrip, per mile, and so on and 
 in like manner and at that rate for every additional five miles 
 or fractional part thereof so constructed, till the whole line 
 from said first named point to some point at or near said lake 
 shall be so constructed ; and when said company shall com- 
 pletely finish, to the satisfaction of said mayor and aldermen, 
 five miles of its said road on said line westerly or northerly 
 towards said lake, from said first named point, they shall cer- 
 tify that fact to the treasurer of said city, and said company 
 shall be entitled to receive from him three thousand dollars of 
 said scrip, per mile, and such other sums, if any, as said com- 
 pany may be entitled to receive at that time, to make up said 
 fifteen thousand dollars per mile, and at that rate and in like 
 manner for every additional five miles or fractional part 
 thereof till the whole line between said points is completely 
 finished ; provided, however, the whole amount of said scrip 
 issued and delivered to said company under this act shall not whole amount 
 exceed the rate of fifteen thousand dollars per mile of such f ^"'^ ''^''^*, 
 
 ^ to company not 
 
 completely finished railroad as a first-class railroad. All of to exceed 
 said scrip authorized to be issued by tliis act shall be signed miie. 
 by the city treasurer and countersigned by the mayor of said 
 city, and shall bear date of the first issue and delivery thereof, 
 and be payable in Boston to the holder thereof, and be of such 
 
 '- ' _ ' Scrip payable m 
 
 denominations as said directors may determine, with coupons Boston, 
 for interest attached at the rate of seven per cent, per annum, 
 
 ^ ^ ' Rate of interest. 
 
 payable semi-annually, on the first day of April and October, 
 in each year, free from government intern aV revenue income 
 tax: the principal and interest payable in the lawful money of P™oipai and 
 
 interest Daivaible 
 
 the United States, and the principal payable the first day of in lawful 
 April, in the year of our Lord one thousand eight hundred ^''^^^■ 
 and ninety-nine. 
 
 Sect. 4. Concurrent with each issue and delivery of said city concurrent 
 scrip, the president and directors of said company in theii- "'"^ ^^'^ '^'"^ 
 14 
 
218 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 and delivery of official capacity shall execute and deliver, or cause to be exe- 
 dent'and direc- cuted and delivered, to the treasurer of said city, for said city, 
 tors shall exe- tjjg bond of Said Company, the penal sum in said bond to be 
 
 cute and deliver r ./ j r 
 
 to treasurer of double the amount of the scrip authorized to be issued at that 
 company fo" time. Said bond shall be made payable to the city of Bangor, 
 double of and be conditioned that said company will duly pay the inter- 
 
 amountof ^ •' , , , i. 
 
 scrip. est on such scrip of said city, as shall be issue i and delivered 
 
 Bond to be pay- at the time of the date of said bond, free of said tax; and the 
 
 or Boston.^"^"'^ principal thereof, according to the tenor of said scrip and cou- 
 
 Conditions. pons, and in all respects will hold and save harmless said eity 
 on account of the issue of the same. The president and diree- 
 
 directors of tors of Said compaiiy shall also in case of the issuing of the 
 
 company, scrip of Said city, as hereinbefore provided, and simultane- 
 
 duties of, in ^ •' ' *■ _ ' 
 
 case of issuing ously therewith make, execute and deliver, or cause to be 
 '"'"''■ made, executed and delivered, to the said city treasurer, the 
 
 scrip of said company, payable to the holder thereof, at the 
 same place and time, and for the same denominations and 
 amount as the scrip then issued by said treasurer to said com- 
 pany, with like coupons for interest attached ; which said scrip 
 shall be held by said city as collateral security for the fulfil- 
 ment of the conditions of said bond ; and in default of any 
 one of said conditions said city may, from time to time, sell 
 said scrip, or any portion thereof, by public auction or auctions, 
 in the cities of Bangor and Boston, or either of them, after 
 sixty days' notice in writing to the president or one of the 
 directors, or any three of the stockholders of said company, 
 naming therein the time and place of sale ; the net proceeds 
 of all such sales shall be endorsed on said bond. 
 
 Sect. 5. The president and directors of said company are 
 hereby authorized, and it shall be their duty, in their official 
 capacity, upon the receipt of each issue and delivery of said 
 city scrip, and upon the delivery of each of said bonds to said 
 city treasurer, to secure the payment of such city scrip as shall 
 be issued and delivered to said company at that time, to ex- 
 ecute and deliver or cause to be executed and delivered to said 
 railroad, <S5c. city treasurer for said city, a mortgage of its said railroad from 
 its terminus in Oldtown northward and westward into Piscata- 
 quis county, to its terminus in Foxcroft, and thence westerly 
 
EITEOPEAN AND NORTH AMERICAK RAILWAY. 219 
 
 or northerly to some point at or near Moosehead lake, when- 
 ever the same may be located and built under its charter as now 
 revived and amended, and of all the property of said company, 
 real and personal, which said company then has or may there- 
 after acquire, together with all franchises of said company with- 
 out prior incumbrance, excepting, however, all incumbrances 
 to said city, prior to the date of said mortgage, which mort- 
 gage shall contain apt and sufficient terms to secure the fulfil- 
 ment of the conditions of said bond, and bo in due and legal 
 form and executed by such officer of said company as said di- 
 rectors may direct by their vote ; and said mortgage so exe- 
 cuted and delivered and recorded in the registry of deeds in 
 the county of Penobscot, shall to all intents aTid purposes, be, 
 and the same is hereby declartsd to be, a full and complete 
 transfer of said railroad and of all the property of said company, 
 real and personal, then owned by said company or subsequent- 
 ly to be acquired by it, wherever the same may be found or 
 situated, and also the franchises of said company, with all its 
 present amendments and additions, subject only to the condi- 
 tions and exceptions contained in said mortgage, and to the 
 prior rights, liens and interests of said city, under and by virtue 
 of mortgages given by said company to said city, anterior to 
 the date of the mortgage then to be given, and under and by 
 virtue of this and two previous loan bills, one approved Febru- 
 ary twelve, eighteen hundred and sixty-eight, and the other 
 February eleven, eighteen hundred and sixty-nine. 
 
 Sect. 6. For the purpose of foreclosing either of said mort- 
 gages for conditions broken, it shall be sufficient for said mayor 
 
 -, 1 J 1. • ,• 1. foreclosure of 
 
 and aldermen to give notice according to the mode prescribed mortgage, 
 in the revised statutes for the foreclosure of mortgages by pub- 
 lication of notice thereof, which may be published in a news- 
 paper printed in Bangor, and a record thereof made within 
 thirty days after the date of the last publication, in the regis- 
 try of deeds for the county of Penobscot, which publication 
 and record shall be sufficient for the purpose of such fore- 
 closure. Upon the expiration of three years from and after 
 the first publication as aforesaid, if the conditions shall not 
 within that time have been fulfilled, the foreclosure shall be 
 
220 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 complete, and shall make the title to said road and to all 
 the said property, real and personal, and said franchise, abso- 
 lute in said city. Said foreclosure shall not be considered as 
 the foreclosure of any other mortgage now given by said com- 
 pany to said city, nor shall any of the proceedings or remedies 
 under and by virtue of this act in any way affect the rights and 
 remedies of said city or of said company, under and by virtue 
 of other mortgages, and under and by virtue of said two acts 
 or any other rights or claims which said city has or may have 
 against said company. 
 
 Sect. 7. If the directors of said company shall at any time 
 Interest and neglect or Omit to pay the interest and said tax, which may be- 
 pay, effect! come and as it shall become due upon any portion of the scrip 
 issued and delivered under the -provisions of this act, or to pay 
 the principal as it becomes due, or to comply with any of the 
 conditions of said bond, the city of Bangor may take possession 
 in the manner hereinafter provided, of the whole of said rail- 
 road, and of all the property real and personal, of said company, 
 and of the franchise thereof, and may hold the same, and 
 apply the income thereof to make up and supply such defi- 
 ciencies that may occur while the same are so held, until all 
 deficiencies shall be fully made up and discharged. A written 
 notice signed by the mayor and a majority of the aldermen, 
 and served upon the president or treasurer or any director of 
 said company, or if there are none such, upon any stockholder 
 of said company, stating that the city thereby takes actual pos- 
 session of the whole line of the railroad, and of the property 
 and franchise of the company, shall be suflB.cient actual pos- 
 session thereof, and shall be a legal transfer of the same, for 
 the purposes aforesaid, to the city, and shall enable the city to 
 hold the same against any other claims thereon, except the 
 claims of said city hereinbefore mentioned, until such purposes 
 have been fully accomplished. 
 Moneys Seot. 8. All moneys received by or for the said railroad 
 
 catiorof. *'^''' company after notice as aforesaid, from any source whatever, 
 and by whomsoever the same may be received, shall belong to 
 and be held for the use and benefit of the said city in manner 
 and for the pui-poses herein provided, and shall, after notice 
 
EUEOPEAN AND NORTH AMERICAN RAILWAY. 221 
 
 given to persons receiving the same, respectively be by them, 
 paid to the city treasurer, whicli payment shall be an eflPectnal 
 discharge from all claims of said company therefor; but if any 
 person, without such notice, shall make payment of moneys so 
 received to the treasurer of said company, such payment shall 
 be a discharge of all claims of the city therefor, against such 
 person. All moneys received by the treasurer of said com- 
 
 ^ , , Moneys 
 
 pany, after Such notice, or in his hands at the time such notice received by 
 may be given, shall be by him paid to the city treasurer, after company siiaii 
 deducting the amount expended or actually due for the run- *>« p*'* *° ""'y 
 
 treasurer in cer- 
 
 nmg expenses oi the road, lor the services of the officers of tain cases. 
 the comp'any, and for repairs necessary for conducting the 
 ordinary operations of the road. Such payitients to the city 
 treasurer shall be made at the end of every calendar month 
 and shall be by him applied to tlie payment of all the interest 
 and such tax, and principal due as aforesaid, and any person 
 who shall pay or apply any moneys received as aforesaid in 
 any manner contrary to the foregoing provisions, shall be liable 
 therefor, and the same may be recovered in an action for money 
 had and received, in the name of the city treasurer, whose duty 
 it shall be to sue for the same, to be by him held a,nd applied as 
 hereinafter required. 
 
 Sect. 9. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the mayor and aldermen may ^'■^°''^^^ 
 
 . . ... '^ aldermen may 
 
 cause a suit m equity to be instituted in the name of the city of cause suit in 
 Bangor, in the supreme judicial court in the county of Penobscot, stStuted*" ^^ '"" 
 against said company, directors, or any other person, as may 
 be necessary for the purpose of discovery, injunction, account, 
 or other relief, under the provisions of this act; and any judge 
 of the court may issue a writ of injunction or any other suita- fgguf^ritof 
 ble process, in vacation or in term time, with or without notice ■oJ«'«'ti<n>- 
 and the court shall have jurisdiction of the subiect matter of 
 
 , , T 1 11 1 1 Jurisdiction Of 
 
 such suits, and shall have such proceedings and make such court. 
 orders and decrees, as may be within the power and according 
 to the course of proceedings of courts of equity^ as the neces- 
 sities of the case may require. 
 
 Sect. 10. If the said company shall at any time neglect or 
 omit to pay the interest which may become due and as it shall 
 
222 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 City of Bangor 
 may take pos- 
 session of road 
 in case of neg- 
 lect to pay prin- 
 cipal and inter- 
 est. 
 
 Proceedings. 
 
 Neglect to 
 choose directors 
 
 become due upon any portion of the scrip issued and delivered 
 under the provisions of this act, or to pay the principal thereof 
 as it shall become due, or said government tax, or to comply 
 with any of the provisions of said bond, then said city of Bangor 
 may take actual possession of said road, with all its appurten- 
 ances, and manage the same as fully as a board of directors of 
 said company for the time being, may appoint the requisite 
 oificers and agents, and discharge the same, may fix the rate of 
 fare and tolls, subject to the restrictions of the charter of said 
 company, and may demand and receive the same, with the right 
 to prosecute and defend suits in the name of said company, 
 and may do all things which said company itself or the directors 
 thereof might or could lawfully do ; and after paying the run- 
 ning expenses, said city may apply sufficient of the earnings of 
 said road to keep it and its buildings and equipments in re- 
 pair, and to prevent any deterioration thereof, and to provide 
 for snch new rolling stock as may be necessary, and then to 
 apply the residue of said earnings to the payment of said in- 
 terest, coupons, scrip or bonds as aforesaid, and government 
 tax; and whenever said interest and all dishonored coupons, 
 scrip or bonds, secured by said mortgage referred to in this 
 act, shall have been paid, said city shall relinquish the con- 
 trol of said road and deliver any prcJperty of said company in 
 its possession to said company or its assigns ; provided how- 
 ever, said city, its oiHcers or agents, while operating said road 
 under the provisions of this section, shall not be liable, except 
 for malfeasance or fraud, and shall have the right to apply any 
 funds received from the earnings of said road to pay any dam- 
 ages that may arise in the management thereof, for which said 
 city shall be liable in law to third parties ; and the delivery 
 back to said company of any property of said company in its 
 possession, shall be no discharge of its lien thereon, nor pre- 
 vent said city from again taking possession of said road and 
 property on any future breach of the condition of said bond, 
 or any failure to hold and save harmless said city from all dam- 
 ages claimed by third persons. 
 
 Sect. 11. If the said company shall, after notice of posses- 
 sion as aforesaid, neglect to choose directors thereof, or other 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 223 
 
 necessary officers, or none such shall be found, the mayor and 
 aldermen of the city shall appoint a board of (directors, consist- 
 ing of not less than seven persons, or any other necessary offi- 
 cers, and the persons so appointed shall have all the power 
 and authority of officers chosen or appointed under the pro- 
 visions of the act establishing said company, and they shall 
 upon their acceptance of such offices be subject to all the duties 
 and liabilities thereof. 
 
 Sect. 12. As an additional or cumulative protection for said Additional pro- 
 city, all liabilities which by said city may be assumed or in- 
 curred under or by virtue of any of the provisions of this act, 
 shall at the time and by force thereof, and for the security and 
 payment of the same, create in favor of said city a lien on the 
 
 tection. 
 
 Lien on Toad, 
 
 whole of said road, its franchise and all its appendages, and all its franchises 
 real and personal property of said company owned and held ^ges. 
 by it at the date of the first mortgage hereinbefore autliorized 
 to be given, and all the property, real and personal, which said 
 company shall thereafter acquire. Said lien shall continue till 
 all the city scrip hereinbefore authorized to be issued shall be 
 paid and cancelled, and all other liabilities and indebtedness 
 not secured by prior mortgages on said road and property, 
 which lien shall have preference and be paid prior to all other 
 liens and incumbrances whatever, except as hereinbefore ex- 
 cepted in behalf of said city, on all of said road wherever the 
 same is now or may hereafter be located, and on said fran- 
 chise, and on all property, real and personal, of said com- 
 pany, and said lien shall be enforced and all the riglits and 
 interests of said city shall be protected, when necessary, by 
 suitable and proper judgments, injunctions or decrees of the 
 supreme judicial court, in a suit or suits in equity, which power 
 is hereby specially conferred on said court; and it is hereby 
 provided that the said lien provided for in this section shall not 
 be deemed waived or ineffectual by the acceptance on the part 
 of said city of any mortgage or other securities contemplated 
 by the provisions of this act or otherwise. 
 
 Sect. 13. The city may appoint under this act two directors citymay 
 of said company, who shall be annually chosen by the city ^^p"'"' '^<> 
 council, in joint ballot before the annual meeting of said com- 
 
224 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 pany for the choice of said officers, who shall have the same 
 authority in transacting the business of said company, and who 
 shall be entitled to like compensation from said company aa 
 any other director. But the right to choose such director 
 shall cease when the loan contemplated shall be extinguished. 
 Sect. 14. This act shall not take effect or be of any force 
 
 Act not to take -i ^ • •■, n • -i • ^ 
 
 effect until ac- Until the City councu ot Said City, by a concurrent vote oi at 
 oepted by legal ^g^st two-thirds of the members of each branch of the city 
 
 voters of city. ■' 
 
 council, present and voting, shall submit the same to a vote of 
 the legal voters of the city in ward meetings, and the legal 
 voters of the city in legal ward meetings shall, by a vote of two- 
 thirds of all the votes thrown in the city at such meetings, 
 adopt the same. But if within one year from the approval of 
 this act, said city shall accept said act by such concurrent vote 
 of said city council, and of said legal voters as aforesaid, then 
 said act shall be in force thereafter, and be binding upon said 
 city according to its true tenor and effect, but not otherwise. 
 Said ward meetings shall be called at such time or times as 
 the mayor and aldermen maj^ appoint, and be notified and 
 warned, held, returns made, declared and recorded, agreeably 
 to the provisions of the city charter of said city for calling and 
 holding ward meetings for the choice of city officers, and re- 
 turns thereof. 
 
 Sect. 15. This act shall take effect when approved. Ap- 
 jproved February 22, 18Y1 . 
 
 Ward meet- 
 ings, bow 
 called. 
 
 LAWS OP 1872, CHAP. 44. 
 
 An act to authorize the Bangor and Piscataquis Railroad Company to 
 locate and construct branch lines. 
 
 Authorized to ^^ ^^ enacUd, c&c. Sect. 1. The Bangor and Piscataquis 
 
 locate and con- Railroad Company is hereby authorized to locate and con- 
 struct railroad , i .'i i p ..,!./.. j 
 
 througb certain struct a branch railroad trom some point in the line ot its roaa 
 towns. j^g jjQ^ ]j^jj(. |j^ ^jjg town of Milo, northerly through the town 
 
 of Brown ville and any other intervening town or towns, to 
 some point at or near the Katahdin Iron Works in the county 
 of Piscataquis ; and also to locate and construct from some 
 point on the line of said branch railroad as the same may be 
 
 Brownville. 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 225 
 
 hereafter located, on some feasible route to a point at or near 
 Sebec lake, and in or near Sebec village ; provided however^ sebec. 
 that said branch line to Sebec lake may be located and built 
 from some point on tlie main line instead of from a point on 
 said branch line to Katahdin L'on Works. 
 
 Sect. 2. In maldng said extensions, locations and construe- ^^^^^^^f^ 
 tions said company shall be subject to all the duties, restraints 
 and obligations applicable thereto, imposed on said company , 
 by an act entitled "an act to incorporate the Bangor and Pis- 
 cataquis Railroad," approved March fifth, eighteen hundred 
 and sixty-one, and by all the amendments thereof; and shall 
 also have and possess all the powers and privileges granted by 
 said act and amendments. 
 
 Sect. 3. Said company shall have one year from the ap- Time for locat- 
 proval of this act to locate said branch railroads, and tvro years ingandcon- 
 
 ■ structing road. 
 
 irom said approval to construct the same. 
 
 Sect. 4. Said company shall be at all times subject to such gai^ject to cer- 
 general laws in relation to railroads as have been or may be **'" '*"' 
 liereafter enacted by tlie legislature of this State. 
 
 Seot. 5. This act shall take effect when approved. Ap- 
 proved February 6, 1872. 
 
 LAWS OF 1872, CHAP. 174. 
 
 An act to authorize the town of Brownville to loan its credit in aid of the 
 Bangor and Piscataquis Railroad and Piscataquis Central Kailroad 
 Companies. 
 
 Be it enacted, <&c. Sect. 1. The town of Brownville is 
 hereby authorized to loan its credit to aid the Bangor and Piscat- Brownviiie 
 aquis Railroad Company and Piscataquis Central Railroad f^nTtrcremt 
 Company, or either of said railroads, in extending their branches 
 to Brownville village, providing said loan does not exceed 
 eight thousand dollars, and subject to the provisions of sections 
 eighty, eighty-one and eighty-two, of chapter fifty-one of the 
 revised statutes. 
 
 Sect. 2. This act shall take efiect when approved. Ap- 
 proved February 28, 1872. 
 
226 EUROPEAN AKD NORTH AMERICAN RAILWAY. 
 
 LAWS OF 1874, CHAP. 448. 
 
 An act to confirm the lease of the Bangor and Piscataquis Railroad to the 
 Consolidated European and North American Railway Company. 
 
 Be it enacted, c&c, That the contract and lease between 
 La r tified ^^^^ Bangor and Piscataquis Railroad Company and the Con- 
 and confirmed. soHdated European and North American Railway Company, 
 as now constituted, for operating its line of railroad between 
 Oldtown and Guilford, by the latter company, and the trans- 
 fer and assignment thereof, and of its rights, franchises and 
 privileges, by it to the latter company, as provided in said con- 
 tract and lease, is hereby authorized, ratified and confirmed. 
 Approved February 10, 1874. 
 
 LAWS OF 187-5, CHAP. 19. 
 
 An act additional to an act entitled, "an act to enable the city of Bangor 
 to aid the Bangor and Piscataquis Railroad Company." 
 
 auttiorfzTto"' -^^ ^^ enacted, c&c. Sect. 1. The city of Bangor is hereby 
 aid in addition authorized to make a further loan of its credit to the Bangor 
 
 to laws of 1871, 1 -n. ■ -r> -i i /^ . it . in 
 
 cii. 676. and r^iscataquis Kailroad Company, m addition to the loan 
 
 now authorized by chapter six hundred and seventy-six of the 
 special laws of eighteen hundred and. seventy-one, to which 
 this act is additional, to aid said company in the construction 
 of its proposed line of railroad from its present terminus in 
 Abbot to Moosehead lake, snbsti,ntially upon the line ap- 
 proved by the county commissioners of Piscataquis county, 
 January twenty-sixth, eighteen hundred and seventy-four, a 
 
 Amount of aid distance of about twenty-two miles. The amount of such fiir- 
 
 «iooopCT°mUe *^®^ ^°^° °-^' <^i"®'^i* "ot to exceed one thousand dollars per 
 mile upon each mile of railroad of said company, reckoning 
 from its terminus in Oldtown to' the terminus near said Moose- 
 head lake, and said further or additional loan shall be made in 
 
 Manner in g^^^h scrip of Said City of Bangor, in all respects and in all 
 
 wMcli tlie city . "^ •' ° ' ^ 
 
 /may issue scrip, particulars as that provided for and autliorized by said chapter 
 six hundred and seventy-six, special laws of eighteen hundred 
 and seventy-one, and to be regarded and treated as an addi- 
 tional amount to the scrip authorized to be issued by said act, 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 227 
 
 and is hereby made subject to all the provisions of said act, 
 
 and shall be secured in the same manner and to the same scrip how 
 
 secured. 
 
 extent as provided in said act, and said city of Bangor shall 
 
 have the same liens upon said railroad and right to enforce the Lien of city. 
 
 same remedies as those provided in said act. 
 
 Sbct. 2. If this act shall be accepted as is provided for 
 hereinafter in section four, and said railroad company shall 
 within tvro years from February twenty-second, eighteen hun- 
 dred and seventy-five, complete the remainder of its line of 
 railroad from its present terminus in the town of Abbot to 
 the termimis near Moosehead lake, as a first-class railroad, and 
 have the same in good running order so that cars may pass 
 over the same, all to the satisfaction of the mayor and alder- 
 men of said city of Bangor, and shall also comply with and 
 perform all other conditions imposed upon it by this act and 
 by the six hundred and seventy-sixth chapter of special laws ^''™ ""^ ^""^ 
 
 •' may be issued 
 
 of eighteen hundred and seventy-one, to which this act is addi- by the city to 
 tional, then it shall be entitled to have and receive from said *''«™'™*''- 
 city of Bangor its scrip, as authorized by section one of this 
 act, to the full amount of one thousand dollars per mile, for 
 each mile of its railroad from its terminus in Oldtown to its 
 , terminus at Moosehead lake, in addition to the fifteen thou- 
 sand dollars per mile upon each mile of new road constructed, 
 authorized by said chapter six hundred and seventy-six, special 
 laws of eighteen hundred and seventy-one. 
 
 Sect. 3. When said Bangor and Piscataquis Railroad Com- 
 pany shall have constructed to the satisfaction of the mayor built to the sat- 
 and aldermen of said city of Bangor, five miles of its said fa^t'oi "f 'iie 
 
 ° mayor and 
 
 railroad from its present terminus in Abbot in its said line aldermen, 
 westerly or northerly towards said Moosehead lake, so far that 
 the track shall be graded and the rails laid so that cars may 
 run safely over the same, they shall certify that fact to the 
 treasurer of said city, and said company shall be entitled to 
 receive from him two thousand dollars per mile of the scrip 
 authorized by this act, in addition to the twelve thousand dol- 
 lars per mile authorized by section three of said chapter six 
 hundred and seventy-six, special laws of eighteen hundred and 
 seventy-one, and so on and in like manner and at same rate 
 
228 EUROPEAN AKD NORTH AMERICAN RAILWAY. 
 
 for every additional section of five miles and fractional part 
 thereof, so constructed till the whole line from said terminus in 
 Abbot to said terminus near to Moosehead lake shall be so 
 constructed, and when said company shall completely finish 
 to the satisfaction of said mayor and aldermen, five miles of 
 its said road on said line westerly or northerly towards said 
 Moosehead lake from said terminus in Abbot, they shall cer- 
 tify that fact to the treasurer of said city, and said company 
 S'hall be entitled to receive from him one thousand five hun- 
 dred dollars per mile of the scrip authorized by this act, in 
 addition to tlie three thousand dollars of scrip per mile author- 
 ized to be issued by section three of said chapter six hundred 
 and seventy-six, and such other additional sums, if any, as 
 said company may be entitled to receive at that time under 
 this act, and at the same rate and in like manner for every 
 •additional section of five miles and fractional part thereof, 
 till the whole line between the points named hereinbefore is 
 ^completely finished. 
 „^ ,^ , , Sect. 4. This act shall not take efi'ect or be of any force 
 
 When the act to .' 
 
 take effect. until 'the city council of said city of Bangor, by a concurrent 
 vote of at least two-thirds of the members of each branch 
 thereof, present and voting, shall submit the same to a vote 
 of the legal voters of said city, in ward meetings, and said 
 legal voters of said city, in legal ward meetings, shall by a 
 vote of two-thirds of all the votes thrown 'in the city at such 
 meetings, adopt the same. But if within one year from the 
 approval of this act said city shall accept the same by such 
 concurrent vote of said city council and of said legal voters as 
 aforesaid, then the said act shall be in force thereafter, and be 
 binding upon said city according to its true tenor and effect, 
 provided this act is accepted by the said Bangor and Piscata- 
 quis Railroad Company, and also by the Consolidated Euro- 
 pean and North American Railway Company, and said Oon- 
 
 Voteof solidated European and North American Railway Company 
 
 shall by vote of the stockholders thereof give its bond to the 
 
 Bond to be Said city of Bangor, in a penal sum of twice the amount of 
 
 slngot! ""^ "^ *^® ^^'■ip *^ ^® issued under this act, that said company vrill 
 pay the principal of said scrip and all coupons for interest on 
 
EUROPEAK AND KOETH AMERICAN RAILWAY. 
 
 229 
 
 the same as each may become due, and will hold said city 
 harmless from the same, but not otherwise. Said ward meet- 
 ings shall be called at such time or times as the mayor and "^"^^^^^^l!!^^^ 
 aldermen may appoint, and shall be notiiied and warned, held how notifled. 
 an& the returns thereof made, declared and recorded, agreea- 
 bly to the provisions of the city charter of said city for calling 
 and holding ward meetings for the choice of city officers and 
 making the returns thereof. 
 
 Sect. 5. This act shall take effect when approv^ed. Aj>- 
 proved January 28, 1875. 
 
 LEASE 
 
 Of the Piscataquis Railroad Goim/panyto the Oonsolidat'ed 
 European and North American Railway Company for 
 nine hundred and ninety-nine years, from, April 1, 
 1873. 
 
 Abticlbs of Contract and Agebement made this first day of Aprils 
 in the year of our Lord one thousand eight hundred and seventy-three, by 
 and between the Bangor and Piscataquis Railroad Company, a corpora- 
 tion existing under and by virtue of the laws of the State of Maine, (and 
 hereinafter called the Piscataquis Company) and the Consolidated Euro- 
 pean and North American Railway Company, a corporation existing under 
 and by virtue of the laws of said State of Maine, and the laws of the 
 Province of New Brunswick, (hereinafter called the European Company) 
 for operating by the said European Company, the line of railroad built 
 and owned by the said Piscataquis Company. 
 
 Whereas said Piscataquis Company owns and is operating a railroad 
 between Oldtown, in the county of Penobscot, in the said State, and 
 Gruiltord, in the county of Piscataquis, in said State, a distance of about 
 fifty miles, and having the right under existing laws to construct, operate 
 and maintain other and additional mUes of railroad, and whereas the said 
 European Company owns and is operating a railroad between Bangor, in 
 said State, and St. John in the Province of New Brunswick, through said 
 Oldtown, with which the railroad of said Piscataquis Company forms a 
 connection in said Oldtown, and its business between said Oldtown and 
 said Bangor is done and performed by said European Company upon and 
 over its railroad, and the directors of said companies upon mature con- 
 sideration have determined that the mutual interest, and advantage of 
 both of said companies, and the public interest and conveniences will be 
 
230 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 greatly promoted by the railroads of said companies being operated under 
 one management and control. 
 
 Now therefore, this agreement and contract made by and between the 
 corporations above named parties hereto witnesseth. 
 
 That the said Piscataquis Company contracts with the said European 
 Company for operating its line of railroad between said Oldtown a!nd 
 said Guilford, and that the terms and conditions for carrying the same into 
 effect shall be as hereinafter provided. 
 
 Art. 1. The said Piscataquis Company hereby lets, transfers and gives 
 the possession of its railroad between the point of its connection in Old- 
 town, with the railroad of the said European Company and said Guilford 
 together with all its rights of way, and all its side tracks, station grounds, 
 depots, stations, engine houses, turn tables, machine shops, machinery, 
 engines, passenger, freight, baggage, hand cars, and all the other roUing 
 stock and equipment now in use on its railroad, together with all the other 
 property used in operating and doing business upon and over its railroad, 
 together with all the rights which said Piscataquis Company now have or 
 may hereafter acquire, to construct and maintain other and additional 
 miles of railroad, and including all its other property of every kind and 
 description to the said European Company, its successors and assigns for 
 and during the term of nine hundred and ninety-nine years from the first 
 day of said April, A. D. 1873. 
 
 Aet. 2. Said European Company hereby agrees to take possession of 
 all the property named in article one and operate said line of railroad be- 
 tween said Oldtown and Guilford, and run such passenger and freight 
 trains of cars over said railroad for the transportation of passengers and 
 property of all description upon the same as the business coming upon 
 said railroad, and the public interest and convenience may require and 
 perform all the duties required by law of said Piscataquis Company in 
 regard to operating its railroad and assume all risk and liabilities which 
 may arise therefrom, or be connected with and incurred by doing said 
 business and performing said service, and will also keep and perform all 
 the engagements and undertakings of the said Piscataquis Company with 
 its customers and patrons, and maintain said railroad and the equipinent 
 thereof, and all the property received by said European Company at all 
 times in good order, condition and repair, and shall keep the bridges sta- 
 tion-houses and other buildings of said Piscataquis Company suitably in- 
 sured, and in case of loss of bridges or station-houses by fire, apply the 
 insurance to rebuilding the property destroyed, and in case of loss of 
 other buildings which said European Company deem inexpedient to re- 
 build then the proceeds of insurance to be applied to the erection of other 
 buildings on the line of the road. 
 
 Art. 3. Said European Company shall pay as they mature the coupons 
 falling due after the date hereof, upon all the scrip of the city of Bangor, 
 issued to said Piscataquis Company to aid in the cc^nstruction of its rail- 
 road, the amount of said scrip being seven hundred and twenty-two 
 thousand dollars. 
 
 Abt. 4. Said European Company shall also pay by its promissory note 
 on twenty years with semi-annual interest at such rate as the city of Ban- 
 
EXTEOPEAN AND KORTH AMERICAN RAILWAY. 231 
 
 gor from year to year may be obliged to pay on temporary loans not ex- 
 ceeding seven per cent per annum the amount-due the city of Bangor, 
 from said Piscataquis Company, on account of coupons paid by said city 
 for said company and interest, said note to be received as collateral to the 
 mortgage. The said coupons not to be cancelled or destroyed but to 
 remain without use or action thereupon by the said city of Bangor until 
 the maturity of said collateral note or failure to pay interest thereon, ac- 
 cording to its tenor, and then if said collateral note and interest as afore- 
 said is paid, said coupons to be cancelled or destroyed it being understood 
 that said coupons are only held to secure to the city the payment of said 
 note, (said coupons being secured by mortgage) and not to be resorted to 
 by the city except in default of payment of said note or interest agreeably 
 to its tenor of said European Company, or of subsequently maturing 
 coupons, provided however that said city of Bangor shall hold and take 
 care of said coupons at its own risk and expense, without any expense to 
 said European Company, and to indemnify and save harmless said Euro- 
 pean Company from any loss, cost or damages which may arise or be in- 
 curred by said European Company, by reason of said coupons not being 
 surrendered by said city and cancelled. \ 
 
 Aet. 5. Said European Company pays simultaneously with the execu- 
 tion hereof, the debt of said Piscataquis Company of one hundred thous- 
 and dollars, and accrued interest at the Bangor Savings Bank, upon which 
 certain of the directors of said Piscataquis Company are understood to 
 be holden as endorsers or sureties, and for which said savings bank holds 
 two hundred thousand dollars in amount of the second mortgage bonds 
 of said Piscataquis Company as collateral security. 
 
 Abt. 6. Said European Company shall likewise provide for and pay as 
 they mature all the scrip issued by the city of Bangor to aid in the con- 
 struction of the railroad of said Piscataquis Company, and save said city 
 harmless from the same and shall deliver to be defaced and cancelled to 
 the said city the coupons and scrip as fast as they are paid. 
 
 Art. 7. Upon the payment of the debt of one hundred thousand dol- 
 lars, and interest to the Bangor Savings Bank, the second mortgage bonds 
 of said Piscataquis Company amounting to two hundred thousand dol- 
 lars, now held by said bank as collateral security for said debt, shall 
 become the property of said European Company. 
 
 Aet. 8. The stock of said Piscataquis Company belonging to said city 
 of Bangor, amounting to four thousand shares shall be placed in the hands 
 of some suitable person as trustee, who shall hold the same for the benefit 
 of whom it may concern, but shall vote upon it by himself or by his proxy 
 or attorney at aU meetings of stockholders of said Piscataquis Company 
 as required and directed by said European Company during the continu- 
 ance of this contract and agreement. Said trusteeship shall continue 
 until the indebtedness to the city of Bangor shall be paid or this contract 
 and agreement shall be otherwise terminated, when it shall cease and 
 said stock shall become absolutely the property of said European Com- 
 pany, unless said contract and agreement be terminated by the default of 
 said European Company, in which case the said stock shall remit to the 
 city of Bangor. In case of a vacancy in the trusteeship provided for in 
 
232 EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 this contract the chief justice of the supreme judicial court of the State 
 of Maine may fill the vacancy by appointment. 
 
 The first trustee under this article is by agreement, 
 
 Joseph S. Whbelwbight, of Bangor. 
 
 Abt. 9. At the end of five years from date hereof, said European Com- 
 pany shall commence the creation of a sinking fund for the redemption 
 and payment of the scrip of the city of Bangor issued to said Piscataquis 
 Company, in aid of the construction of its railroad by paying to a trustee 
 of said city in money or scrip as hereinafter provided the sum of twenty- 
 five hundred dollars, semi-annually for the term of ten years from the 
 commencment of said payment, and from the end of said ten years until 
 the maturity of said scrip a period of eleven years, said European Com- 
 pany shall pay to said trustee or said city in money for the redemption of 
 said scrip or pay in said scrip as hereinafter provided the sum of five 
 thousand dollars semi-annually. Said European Company may however 
 during said period of time or any part thereof, at its option purchase and 
 deliver semi-annually to said city corresponding amounts of said scrip 
 reckoned at par value, and the same and all the coupons thereon shall be 
 cancelled or in lieu thereof, if said scrip cannot be purchased at such 
 prices as may be satisfactory to said European Company, said European 
 Company may purchase and deliver to said trustee during said periods of 
 time or any part thereof, semi-annually corresponding amounts reckoned 
 at par value of bonds of the city of Bangor, of the county of Penobscot, 
 or of the State of Maine, and in case said European Company shall pur- 
 chase and deliver to said trustee bonds of either of the other kinds above 
 named, he shall hold the same as trustee aforesaid until he can purchase 
 said scrip at or under par value when he shall sell said bonds and pur- 
 chase said scrip to the amount of said funds in his hands and shall cancel 
 and deliver said scrip and coupons so purchased to said city. But in case 
 said European Company shall pay said trustee said semi-annual instal- 
 ments or any part thereof in money as aforesaid, instead of purchasing 
 and delivering to said city said scrip or bonds as aforesaid, he shall from 
 time to time loan said money to said city, taking therefor the note of said 
 city payable to himself as trustee aforesaid with semi-annual interest pro- 
 vided said city will hire said money and give him its note or notes there- 
 for as aforesaid, and the proceeds of said notes when paid shall be applied 
 to the redemption and payment of said scrip. Should said city decline at 
 any time to hire said money as aforesaid, he shall after consultation with 
 the president qf said European Company, and the mayor of said city in- 
 vest such money as said city declines to hire in such bonds as said presi- 
 dent and mayor deem a safe investment, and hold said bonds in trust for 
 the redemption and payment of said city scrip, until said scrip can be 
 purchased at par value or under, or if it cannot be so purchased until the 
 maturity of said scrip, then on the happening of either of said events said 
 trustee shall sell said bonds and purchase with the proceeds thereof, said 
 scrip and coupons, cancel and deliver the same to said city. In case of 
 entry by said city for condition of its mortgage broken, said trustee is to 
 cease to hold said sinking fund as trustee but shall deliver the same to 
 said city, and said city shall apply it to the redemption and payment of 
 said scrip. 
 
EUROPEAN AND NORTH AMERICAN RAILWAY. 
 
 John L. Crosby is hereby appointed the first trustee under this article, 
 and in case of his decease before the commencement of the creation of 
 said sinking fund, or in case he shall not accept said trusteeship or for 
 any cause there shall at any,time be a vacancy in the same, the chief jus- 
 tice of the supreme judicial court for the time being may appoint a trus- 
 tee to the vacancy. 
 
 Any party interested in the performance of this trust has the right to 
 enforce the same in the supreme judicial court of this State. If said 
 European Company shall fail to pay the sinking fund as herein provided 
 or any part thereof, then any foreclosure of the mortgage securing the 
 second mortgage bonds or any mortgage securing any other bonds that 
 shall hereafter be issued in the name of said Piscataquis Company shall 
 be opened, and any proceedings to foreclose the same if any shall be sus- 
 pended until the said sinking fund so unpaid shall be paid. 
 
 Aet. 10. The said European Company promise and agree to pay all taxes 
 that may be assessed upon the corporation of the said Piscataquis Com- 
 pany, and upon all the real and personal estate taken under this contract 
 and to save the said company harmless therefrom. 
 
 Art. 11. There shall be a careful examination of the present condition 
 of the roads hereby leased, and of the buildings, rolling stock and prop- 
 erty of every kind connected therewith, and an inventory made, one copy 
 of which shall be appended to this contract as a part thereof, with a view 
 to an equitable adjustment of the interest of the parties in case for any 
 cause this contract and agreement should be cancelled or become void. 
 
 Aet. 12. The said Piscataquis Company hereby assigns and transfers 
 to said European Company all its cash assets, rights and credits, wood 
 and lumber on hand, and aU material on hand for repairs, and aU other 
 materials and personal property of like kind used and to be used in oper- 
 ating its railroad, engines, cars, rolling stock, apparatus and. tools ex- 
 cepted, and said European Company hereby agrees to assume and pay all 
 the floating debts and liabilities of said Piscataquis Company, also the 
 defence of all suits, prosecutions and complaints against said company. 
 
 Abt. 13. The present board of directors, excepting the city directors 
 of said Piscataquis Company, shall resign upon the execution of this con- 
 tract and agreement and its delivery, and thus make way for a new board 
 under the new order of things, not interfering with the rights of the city 
 under the mortgage to elect annually four directors. 
 
 Abt. 14. These articles of contract and agreement shall be binding 
 upon said companies parties hereto and take effect when the same shall 
 have been approved by the stockholders of each of the said corporations 
 parties hereto. 
 
 In witness whereof said Bangor and Piscataquis Railroad Company has 
 caused its name to be hereto signed and its seal affixed by its president 
 and treasurer duly authorized, and said Consolidated European and North 
 American Railway Company has caused its name to be hereto signed and 
 its seal affixed by its president and treasurer duly authorized. 
 
 Bangor and Piscataquis Railroad Company, by 
 
 T o ISAIAH STETSON, President. 
 
 ^- °- S. D. THURSTON, Treasurer. 
 
 15 
 
 233 
 
234 HOULTON BRANCH RAILROAD. 
 
 Consolidated European and North American Railway Company, by 
 
 G. K. JEWETT, PreHdent. 
 N. WOODS, Treasurer. 
 
 L. S. 
 
 ' Signed, sealed in presence of 
 Chables p. Stetson. 
 State of Maine, Penobscot, ss. June 11, 1873. 
 
 Personally appeared the above name Isaiah Stetson and Geo. K. Jewett, 
 and severally acknowledged the above instrument to be the free act and 
 deed of the Bangor and Piscataquis Railroad Company, and the free act 
 of the European and North American Railway Company. 
 Before me, 
 
 Chables P. Stetson, Justice of the Peace. 
 
 THE HOULTON BEANCH RAILROAD 
 COMPAM. 
 
 This branch is a continuation of the New Brunswick and Canada Kail- 
 way from Debec station in New Brunswick to Houlton, eight miles, about 
 three miles of it being in this State. The road was opened in 1870. 
 
 Corporators. 
 
 LAWS OF 1867, CHAP. 216. 
 
 An act to incorporate the Houlton Branch Railroad Company. 
 
 £e it enacted, die. Sect. 1. James C. Madigan, George B. 
 Page, Ebenezer Woodbury, Leonard Pierce, Eufus Mansur, 
 Benjamin L. Staples, A. P. Heywood, Charles P. Tenney, S. 
 H. Hussey, Almon H. Fogg, Theodore Carey, Francis Barnes 
 and Charles M. Herrin, their associates, successors and assigns, 
 are hereby made and constituted a body politic and corporate, 
 Name, powers, ^ ^^le name of the Houlton Branch Eailroad Company, and 
 
 duties, &c. -^ .J 
 
 by that name may sue and be sued, plead and be impleaded, 
 and shall enjoy all proper remedies at law or in equity, to 
 secure and protect them in the exercise and use of the rights 
 and privileges, and in the performance of the duties herein- 
 after granted, and to prevent all invasion thereof, or jnterrup- 
 
HOULTON BRANCH EAILEOAD. 235 
 
 tion in exercising and performing the same. And the said 
 corporation is hereby authorized and empowered to locate and Parpose and 
 construct, and finally complete, alter and keep in repair, a 
 railroad, with one or more sets of rails or tracks, with all suit- 
 able bridges, tunnels, viaducts, turnouts, culverts, drains, and 
 all other necessary appendages, from some point in the town 
 of Houlton to some point on the east line of the State. And 
 said corporation shall be and hereby is invested with all the 
 powers, privileges and immunities, which are or may be neces- 
 sary to carry into efiect the purposes and objects of this act, as 
 herein set forth. And for this pm'pose, said corporation shall ^^^^ ^^ g,, 
 have the right to take and hold, or to purchase, so much of oonstruotion of 
 the land and other real estate of private persons and corpora- 
 tions as may be necessary for the location, construction and 
 convenient operation of said railroad ; and shall also have the 
 right to take, remove and use, for the construction and repair 
 of said road and appurtenances, any earth, gravel, stone, timber 
 or other materials, on or from the land so taken ; provided 
 however, the land so taken shall not exceed six rods in width, ^'™' "' ''"''*'• 
 except where greater width is necessary for the purpose of 
 excavation and embankment. And provided also, in all cases Land damages 
 said corporation shall pay for such lands, estate or materials, tow and by 
 
 ... . in whom deter- 
 
 such price as they and the respective owner or owners thereof mined, 
 may mutually agree upon ; 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 commis- 
 sioners for the county of Aroostook, in the same manner and 
 under the same conditions as are by law provided in the case 
 of laying out highways. And the land so taken by said cor- how held and 
 poration shall be held as lands taken and appropriated for "™" f^ to ap- 
 highways. And no application to said commissioners to esti- 
 mate said damages shall be sustained unless made within three 
 years from the time of taking such lands and other property ; 
 and in case said railroad shall pass through any woodland or Eemovai of 
 forests, the said company shall have the right to remove or pen'^tton'^'""' 
 fell any of the trees standing thereon within four rods from therefor, 
 such road, which by their liability to be blown down, or from 
 their natural falling, might obstruct or impair said railroad, by 
 
236 
 
 HOtJLTON BRANCH RAILROAD. 
 
 Provisions of 
 chap. 61, B. S., 
 and cliap. 36, 
 Public Laws 
 1858, made 
 applicable 
 bereto. 
 
 Capital. 
 
 Government. 
 
 Officers. 
 
 Organization. 
 
 By-laws. 
 
 Powers of offi- 
 cers as to loca- 
 tion, construc- 
 tion, transpor- 
 tation and gen- 
 eral manage- 
 ment. 
 
 paying a just compensation therefor, to be rectovered in the 
 same manner as is provided for the recovery of the other 
 damages recovered in this act. And furthermore, said corpor- 
 ation shall have all the powers, privileges and immunities, and 
 be subject to all the duties and liabilities, provided respecting 
 railroads in chapter fifty-one of the revised statutes, not incon- 
 sistent vsdth the express provisons of this chartei", and subject 
 also to all the provisions of chapter thirty-six of the laws of 
 eighteen hundred fifty-eight, relating to the safety and conveni- 
 ence of travellers on railroads. 
 
 Sect. 2. The capital stock of said corporation shall consist 
 of not less than two hundred and fifty shares, nor more than 
 one thousand shares; and the immediate government and direc- 
 tion of the affairs of said corporation shall be vested in five, 
 seven or nine directors, who shall be chosen by the members 
 of said corporation in the manner hereinafter provided, and 
 shall hold their ofiices until others shall have been duly elected 
 and qualified to take their places, a majority of whom shall be 
 a quorum for the transaction of business ;^ and they shall elect 
 one of their number to be president of the board, and he shall 
 be also president of the corporation, and shall have authority 
 to choose a clerk, and a treasurer who shall give bonds to the 
 corporation in the sum of ten thousand dollars for the faithful 
 discharge of his trust. And any ten of the persons named in 
 the first section of this act are hereby authorized at a meeting 
 holden.for that purpose, with or without notice, to accept this 
 act and organize the said corporation. 
 
 Sect. 3. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations consistent 
 with the constitution and the laws of this State, for their own 
 government, and for the due and orderly conducting of their 
 afiairs and the management of their property. 
 
 Sect. 4. 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 corpor- 
 ation for the purpose of locating, constructing, and completing 
 said railroad, and for the transportation of persons, goods and 
 property of all descriptions, and all such power and authority 
 
HOULTON BKANCH RAILROAD. 237 
 
 for the management 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 tilings 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 cor- 
 poration, as they may deem necessary and expedient in the 
 execution and progress of the work, and direct the same to 
 be paid the treasurer of the corporation. And the treasurer Assessments, 
 shall give notice of all such assessments, and in case any sub- ^^ "''""" *"** 
 
 o ' 'J how made. 
 
 scriber 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 by-laws of said corpora- 
 tion, the directors may order the treasurer to sell such share ^^^^ °^ ''^"^ 
 
 ' */ for non-pay- 
 
 or shares at public auction, after giving such notice as may be mentofassess- 
 prescribed as aforesaid, to the highest bidder, and the same ^^de and reg- 
 shall be transferred to the purchaser, and such delinquent sub- •'•at'<»'s »« to 
 scriber or stockholder shall be held accountable to the corpor- 
 ation 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 hig share or 
 shares shall sell for more than the assessments due with interest 
 and costs of sale ; provided however, that no assessments shall 
 be laid upon any share in said corporation of a greater amount, 
 in the whole, than one hundred dollars. 
 
 Sect. 5. A toll is hereby granted and established for the 
 sole benefit of said corporation, upon all passengers and prop- 
 erty of all descriptions which may be conveyed or transported 
 by them upon said road, at such rate as may be agreed upon 
 and established from time to time by the direction of said cor- 
 poration. The transportation of persons and property, the transportation, 
 construction of wheels, the form of cars and carriages, the &c. 
 weight of loads, and all other matters and things in relation 
 to said road, shall be in conformity with such rules, regulations 
 and provisions as the directors shall from time to time pre- 
 scribe and direct. 
 
 Sect. 6. The annual meeting of the members of said corpor- Meetings 
 
 same. 
 
 Limit of 
 
 assessments. 
 
 ToUs. 
 
238 HOULTON BRANCH KAILROAD. 
 
 ation shall be holden on, the first Monday of November, or 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall appoint ; 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor, by himself or proxy, being entitled to as many votes 
 as he holds shares ; 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 corpora- 
 tion, by their by-laws, shall direct. 
 Connections Seot. T. The corporation is hereby invested with power to 
 
 lease, &c. make connections with any other road or roads, and on such 
 
 terms as the members may deem expedient and proper ; and it 
 is hereby authorized to lease the road, either before or after it 
 shall have been completed, on such terms and for such time as 
 the members, at a meeting regularly called for that purpose, 
 shall determine. Approved February 6, 1867. 
 
 LAWS OF 1867, CHAP. 287. 
 
 An act to authorize the town of Houlton to aid in the construction of the 
 Houlton Branch Railroad. 
 
 Be it enacted, &c. Sect. 1. The town of Houlton is here- 
 Town may loan ^„ authorized to loan its credit to the Houlton Branch Eailroad 
 
 credit. ■' 
 
 Company, in aid of the construction of their railroad, in a sum 
 not to exceed fifty thousand dollars, upon their compliance 
 with the following terms and conditions; provided however, 
 Limit and con- that this act shall not take efi'ect, unless and until the same 
 shall have been accepted by a vote of the directors of the rail- 
 road company within three years after its approval by the 
 governor ; and also vrithin the same time by a vote of the legal 
 voters of said town, taken in a public town meeting, called 
 by the selectmen for that purpose, and at least two-thirds of 
 the votes cast at such meeting shall be necessary for the accept- 
 ance of this act. 
 Scrip of town, Seot. 2. Upou the acceptance of this act as aforesaid, the 
 when and how selectmen of the town shall certify the same to *he town treas- 
 
 pajahle, &c. i i n • 
 
 urer, and he shall issue to the directors of said company, to be 
 expended in the construction and furnishing of said road, and 
 
HOULTON BRANCH RAILROAD. . 239 
 
 the purcliase of the right of way, the scrip of said town, paya- 
 ble to the holder thereof, at the expiration of twenty years 
 from date, with coupons for interest attached, payable annu- 
 ally, to the amount of ten thousand dollars, in sums of one 
 hundred dollars each; said scrip to be countersigned by the 
 selectmen before issue. And as the road shall progress towards 
 completion, and in accordance with the judgment of the select- 
 men of said town, for the time being, the town treasurer may 
 make further issue of said town scrip, countersigned by the 
 selectmen, to the directors of said company, in suitable and 
 convenient sums to the amount the town shall have decided 
 to loan, payable in like manner as the first amount of issue. 
 
 Sect. 3. Concurrent with the issue and delivery of the town 
 scrip as aforesaid, and at such several times as such scrip may Bond of oor- 
 
 ^ ' r ./ poration and 
 
 be issued, the president and directors of said company, in their conditionaof 
 official capacity, shall execute and deliver to the then treasurer 
 of said town the bond of said company, the penal sum of said 
 bond to be double the amount of the scrip authorized or deter- 
 mined to be issued at that time ; said bond shall be made pay- 
 able to the inhabitants of said town, and shall be conditioned 
 that said company will duly pay the interest on such scrip of 
 said town as shall be issued at the time of the date of the bond 
 respectively; and also the principal thereof, according to the 
 tenor of the scrip, and in all respects will hold and save harm 
 less the inhabitants of said town on account of the issue of the 
 same. The president and directors of said company shall also, 
 simultaneously with the issue of said scrip by said town, make. 
 
 ■^ ■' ' ' Scrip of corpor- 
 
 execute and deliver to the then town treasurer, the scrip of said ation, iiow 
 company payable to the holder thereof, at the same time and Indin default of 
 .to the same amount as the scrip then issued by said treasurer conditions dis- 
 to said company, with like coupons for interest attached, wliich 
 scrip shall be held by said town as collateral security for the 
 fulfilment of the conditions of said bond, and in default of any 
 one of said conditions, said town may, from time to time, sell 
 said scrip, or any portion thereof, by public auction, or auctions, 
 in the cities of Bangor, Portland, Boston or New York, or 
 either of them, after sixty days' notice in writing to the presi- 
 dent, or one of the directors, or any three of the stockholders 
 
240 
 
 HOULTOK BRANCH RAILROAD. 
 
 Mortgage, how 
 executed and 
 conditions of 
 same. 
 
 Foreclosure of 
 same, how and 
 when made. 
 
 Fosseasion of 
 road and fran- 
 chise, how 
 talien and held 
 by town. 
 
 of said company, naming therein the time and place of sale. 
 The net proceeds of all snch sales shall be endorsed on said 
 bonds. 
 
 Sect. 4. The president and directors of said company are 
 hereby authorized, and it shall be their duty, in their official 
 capacity, upon the several receipts of said town scrip, and 
 u^pon the delivery of each of said bonds to said town to secure 
 the payment of the same, to execute and deliver to said inhab- 
 itants in the person of their treasurer, a mortgage without 
 prior incumbrance, unless it be a preceding mortgage to said 
 town, of said Houlton Branch Railroad, and of all the property, 
 real and personal of said company, including the franchise 
 thereof. Said mortgage shall be executed according to the 
 laws of this State, and shall be in due and legal form, and 
 shall contain apt and sufficient terms to secure the said town 
 a fulfilment of the conditions in said bond contained. 
 
 Sect. 5. For the purpose of foreclosing said mortgage for 
 condition or conditions broken, it shall be sufficient for the 
 then selectmen and treasurer of said town to give notice, ac- 
 cording to the mode prescribed in the statutes of this State for 
 the foreclosure of mortgages, by publication of notice thereof, 
 which may be published in any newspaper printed in the coun- 
 ty of Aroostook, or in the city of Bangor, and a record thereof 
 may be made within thirty days after the date of the last publi- 
 cation, in the registry of deeds of Aroostook county, which 
 publication and record shall be suflScientfor the purpose of such 
 foreclosure. Upon the expiration of three years, if all the con- 
 ditions shall not within that time have been fulfilled, the fore- 
 closure shall be complete, and shall make the title to said 
 road, and to all the property and franchise aforesaid, absolute 
 in the inhabitants of said town. 
 
 Sect. 6. If the directors'of said company shall, at any time, 
 neglect or omit to pay the interest which may become due 
 upon any portion of the scrip issued and delivered under the 
 provisions of this act, or to pay the principal as it shall 
 tecome due, or to comply with any of the conditions of said 
 bonds, the inhabitants of said town, by their municipal officers 
 may take actual possession, in the manner hereinafter provided, 
 
HOULTON BRANCH EAILEOAD. 241 
 
 of said railroad and of all the property, real and personal, of 
 the company, and of the franchise thereof, and may hold the 
 same, and apply the income thereof, to make up and supply 
 such deficiency, and all further deficiencies that may occvir 
 while the same are so held, until such deficiency shall be ftilly 
 made up and discharged. . A written notice signed by the then 
 s^leetmen and treasurer of said town, and served upon the 
 president or treasurer, or any director of said company, or if 
 there be none such, upon any stockholder of the company, 
 stating that the inhabitants of said town thereby take actual 
 possession of said railroad, and of the property and franchise 
 of the company, shall be a sufficient actual possession thereof, 
 and shall be a legal transfer of all the same for the purposes 
 aforesaid to said inhabitants, and shall enable them to hold the 
 same against any other claims thereon, until such purposes 
 have been fully accomplished. 
 
 Sect. 7. All moneys received by or for the said railroad 
 company, after notice aforesaid, from any source whatever, and ingtoroad 
 by whomsoever the same shall be received, shall belong to, and *«*' notice of 
 
 ■^ J o 7 possession, how 
 
 be held for, the use and benefit of the inhabitants of said town, taken, held and 
 in manner and for the purposes herein provided, and shall, ^^'"^ ' 
 after notice given to persons receiving the same respectively, 
 be by them paid to the treasurer of said town, which payment 
 shall be an eifectual discharge from all claims of the company 
 therefor. All moneys received by the treasurer of the com- 
 pany after such notice, or in his hands at the time such notice 
 may be given, shall be by him paid to the town treasurer, after 
 deducting the amount expended, or actually due for the running 
 expenses of the road, for the service of the officers of the com- 
 pany, and for necessary repairs. Such payments to the town Reservation for 
 treasurer shall be made at the end of every calendar month, expenses and 
 
 1 1 m 1 1 1 . 1. T n Ti 1 . regulations as 
 
 and shall be by him applied to the payment of all the interest to time of pay- 
 and principal due as aforesaid, and any person who shall pay 
 or apply any moneys received as aforesaid, in any manner con- 
 trary to the foregoing provisions, shall be liable therefor, and the 
 same may be recovered, in an action for money had and re- 
 ceived, in the name of the treasurer of said town, whose duty 
 it shall be to sue for the same, to be by him held and applied as 
 herein required. 
 
 mentg. 
 
242 
 
 HOULTON BRANCH RAILROAD. 
 
 Suits, injunc- 
 tions, &c. 
 Powers of S. J. 
 C. relating to 
 
 Government of 
 road after 
 notice of 
 possession by 
 town. 
 
 Liens, bow 
 created and 
 «nforced. 
 
 Sect. 8. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the selectmen and treasurer of 
 said town may cause a suit in equity to be instituted in the 
 name of the inhabitants of Houlton, in tlie supreme judicial 
 court in the county of Aroostook, against said company, 
 directors, or any other person necessary for the purpose of dis- 
 covery, injunction, account, or other relief under the provisi9ns 
 of this act ; and any judge of the court may issue a writ of 
 injunction, or any other suitable process on any such bill in 
 vacation, or in term time, with or without notice; and the 
 court shall have jurisdiction of the subject matter of such bill, 
 and shall have such proceedings, and make such orders and 
 decrees as may be within the power, and according to the 
 course of proceedings of courts of equity, as the necessities of 
 the case may require. 
 
 Sect. 9. If the said railroad company shall, after notice of 
 possession as aforesaid, neglect to choose directors thereof or 
 any other necessary officers, or none such shall be found, the 
 selectmen and treasurer of said town shall appoint a board of 
 directors, consisting of not less then seven persons, or any 
 other necessary officers; and the persons so appointed sha,ll 
 have all the power and authority of officers chosen, or ap- 
 pointed or selected, under the provisions of the act establish- 
 ing such company, and upon their acceptance such^officers shall 
 be subject to all the duties and liabilities thereof. 
 
 Sect. 10. As an additional or cumulative protection for said 
 town, all liabilities which may be assumed or incurred by said 
 town under or by virtue of any of the provisions of this act, 
 shall at the time, and by force thereof, and for the security and 
 payment of the same, create in favor of said town a lien on 
 said railroad, its franchise and all its appendages, and all real 
 and personal property of said railroad corporation ; which lien 
 shall have preference, and be prior to all other liens and incum- 
 brances whatever, on said road, and all the other property of 
 said railroad corporation; and said lien shall be enforced, and 
 all the rights and interests of said town shall be protected, 
 when necessary, by suitable legal process, or by suitable and 
 proper judgments, injunctions or decrees of said supreme jndi- 
 
HOULTOlSr BRAKCH RAILROAD. 243 
 
 cial court on a bill, or bills in equity, which power is hereby 
 specially conferred on said court. And it is hereby provided 
 that the said lien, provided for in this section, shall not be 
 deemed waived or ineffectual by the acceptance, on the part of 
 the inhabitants of said town or their proper officers, of any 
 mortgage or other securities contemplated by the provisions of 
 this act, or otherwise. 
 
 Sect. 11. If at any time the president and directors of said 
 company deem it expedient or necessary, for the purpose of Leases and sale, 
 equipping, constructing or managing said railroad, to assign its 'lowa.iid by 
 charter, with all its property, real or personal, and the rights 
 and interests under it, or pertaining thereto, or to grant or 
 lease the use of said road to any other party, parties, or rail- 
 road company with which it may in any way be connected or 
 interested, they are hereby empowered to execute and deliver 
 such transfers, leases or conveyances as may be necessary for 
 the accomphshment of such purpose ; provided however, that 
 all loans or advances made by said town be first amply secured, gam™" *' ° 
 guarantied or paid to such town, and that the inhabitants 
 thereof shall first assent to such grant, assignment, transfer or 
 lease, by a two-thirds vote, at a meeting regularly called by 
 the selectmen for that purpose. 
 
 Sect. 12. Said town may at any time assign, lease or wholly 
 transfer all its right, title and interest in said railroad, and in andtate'rert'of* 
 the title, property and appendages thereof, upon receipt of *<"™ "" """^i 
 
 . „ . , .f. . . ,.111 hOT(; made and 
 
 satisiactory mdemnmcation, security or payment for all loans, conditions of 
 advances or indebtedness made or incurred on account of said ^"'®' 
 railroad or company ; provided the inhabitants thereof shall 
 first so determine at a meeting duly called for the considera- 
 tion of said question. 
 
 Sect. 13. This act shall take effect when approved by the 
 governor. Approved February 18, 1867. 
 
244 KNOX AND LINCOLN RAILROAD. 
 
 THE MOX AND LHCOLN RAILROAD 
 COMPAM 
 
 extends from Bath to Rockland, forty-eight and one-half miles. It was 
 opened for regular trains Nov. 6, 1871. It was first chartered by the name 
 of the Penobscot and Kennebec Railroad Company. It was subsequently 
 changed to Penobscot, Lincoln and Kennebec Railroad, and in 1864 the 
 name was changed to Knox and Lincoln Railroad Company. 
 
 PENOBSCOT AND KENNEBEO EAILROAD 
 COMPANY. 
 
 LAWS OP 1849, CHAP. 287. 
 An act to establish the Penobscot and Kennebec Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. That Iddo K. Kimball, Henry 
 C. Lowell, Henry Ingraham, Francis W. Rhoades, James 
 Seavey, Henry E. Ingraham, Thomas W. Hix, Joseph C. Lib- 
 corporators, bey, John "Wakefield, Heman P. Harden, Ezekiel Perry, Free- 
 man Harden, Charles W. Snow, Elkana S. Smith, John C. 
 Cochran, Cyrus Cotter, William Hitchcock, Joseph Day, Henry 
 Melius, Kufus Flye, John R. Cofiin, Jacob L. Shuman, Jacob 
 Chapman, Benjamin Chapman, Abner Stetson, "William Cui'tis 
 Daniel Day, Isaac Pool, Benjamin D. Metcalf, James B. Hall, 
 Thomas J. Merrill, Nathaniel Clapp, "William Hall, Edwin 
 Flye, David W. Chapman, Horace Hatch, Thatcher T. Wales, 
 Thomas Hall, E. "Wilder Farley, Albert Glidden, Joseph 
 Stetson, John Glidden, Edward A. Glidden, James Horey, 
 Joseph Clark, John Sider, James R. Groton, Isaac Keed, Bela 
 B. Haskell, Frederick Castner, George D. Smouse, Knott 
 Crockett, Iddo Kimball, John Spear, Edward Robinson, Ben- 
 jamin Carr, Edward O'Brien, "William Singer, Moses B. M' 
 wig, Charles Holmes, Joseph Hewett, Atwood, Levensaler, 
 Rufus C. Couch, Edwin Smith, Amos H. Hodgman, Peter 
 Fuller, Manasseh H. Smith, Richard H. Tucker, John D. 
 
Corporate 
 name. 
 
 KNOX AND LINCOLN EAILROAD. 245 
 
 McCrate, Alexander Johnson, Franklin Clai'k, Samuel E. 
 Smith, John Johnston, Benjamin F. Tallman,Willard MeGrown, 
 James Erskine, Henry Tallman, Thomas D. Eobinson, Joseph 
 Sewall, Jacob Smith, William D. Sewall, George F. Patten, 
 John Patten, James Patten, Levi Houghton, Freeman Clark,, 
 John Henry, Allen Lewis, Thomas Hodgdon, John Eeed, 
 David C. McGown, James McLellan, John G. Richardson, 
 Charles Crocker, "William D. Crockett, "William McLoon, 
 George Thorndike, Hiram Chapman, Thomas O'Brien, Thomas 
 Merrill, Josiah "Winslow, Snow Winslow, Joshua Benner, 
 Isaac TJmberhind, James Genthner, their associates, successors, 
 and assigns, are hereby made and constituted a body politic 
 and corporate, by the name of the "Penobscot and Kennebec 
 Railroad Company;" and by that name may sue and be sued, 
 plead and be impleaded, and shall have and enjoy all proper 
 remedies at law and in equity to secure and protect them in the 
 exercise and use of the rights and privileges and in the per- 
 formance of the duties hereinafter granted and enjoined ; and 
 to prevent all invasion thereof or interruption in exercising 
 and performing the same. And the said corporation are 
 hereby authorized and empowered to locate, construct, and 
 finally eoniplete, alter, and keep in repair a railroad with one locate and Con- 
 or more sets of rails or tracks, with all suitable bridges, tun- road, 
 nels, viaducts, turnouts, culverts, drains and all other necessary 
 appendages, from some point at or near tide waters in the town 
 of East Thomaston, running westwardly and southwardly 
 through said town, and through the county of Lincoln to the 
 Kennebec river at some point opposite the city of Bath. Said 
 railroad to be located and constructed on such route, as the 
 directors of said corporation in the exercise of their best judg- 
 ment or discretion shall judge most favorable, and best calcu- 
 lated to promote the public convenience and carry into effect 
 the intentions and purposes of this act ; and the said corpora- 
 tion shall be and are hereby invested 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 herein 
 set forth ; and for this purpose said corporation shall have the 
 right to purchase, or take and hold so much of the land and 
 
 Authorized' to 
 
 Boute. 
 
246 
 
 KNOX AND LINCOLN RAILROAD. 
 
 May take lands 
 for location and 
 purposes of 
 construction. 
 
 Proviso as to 
 width of track, 
 and payment 
 for lands so 
 taken. 
 
 Land damages, 
 how determin- 
 ed, &c. 
 
 Limit as to 
 time for appli- 
 cation for esti- 
 mate of dam- 
 ages. 
 
 Provisions as to 
 removal of 
 trees. 
 
 Subject to pro- 
 visions of chap. 
 81, Kev. Stat. 
 
 Damages for 
 taking land of 
 infant, &c. 
 
 other real estate of private persons and corporations as may 
 be necessary for the location, construction and convenient 
 operation of said 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, tim- 
 ber or other materials on or from the lands so taken; provided 
 however, that said land so taken shall not exceed six rods in 
 width, except where greater width is necessary for the ^purpose 
 of excavatioii or embankment; and provided, also, that in 
 all cases said corporation shall pay for such estate or materials 
 so taken and used, such price as they and the owners thereof 
 may mutually agree upon ; 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 commis- 
 sioners for the county in which such land or other property 
 may be situated, in the same manner and under the same con- 
 ditions and limitations as are by law provided in the case of 
 damages by laying out of highways ; and the land so taken by 
 said corporation shall be held as lands taken and appropriatedi * 
 for public highways ; and no application to said commissioners 
 to estimate said damages shall be sustained unless made witliin 
 two years from the time of taking such land or other prop- 
 erty; and in case such railroad shall pass through any wood- 
 lands or forests, the said company shall have the right to fell 
 or remove any trees standing therein, within four rods of said 
 road, which by their liability to be blown down or from their 
 natural falling might ob;jtruct or impair said road, by paying 
 a just compensation therefor, to be recovered in the same man- 
 ner as is provided for the recovery of other damages in this 
 act; and furthermore, said corporation shall have all the pow- 
 ers, privileges, and immunities, and be subject to all the duties 
 and liabilities provided and prescribed respecting railroads, in 
 chapter eighty-one of the revised statutes, not inconsistent 
 with the express provisions of this act. 
 
 Sect. 2. When said corporation shall take any land or other 
 property as a,foresaid, of any infant, person non compos mentts, 
 or feme covert whose husband is under guardianship, the 
 guardian of such infant, or person non compos mentis, and 
 
KNOX AND LINCOLN RAILROAD. 247 
 
 such feme covert with the guardian of her husband, shall have 
 full power and authority to agree and settle with said corpora- How paid, 
 tion, 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. 3. The capital stock of said corporation shall consist q^^^^i^ 
 of not less than ten thousand nor more than twenty thousand 
 shares of one hundred dollars each ; and the immediate gov- 
 ernment and direction of the aifairs of said corporation shall Government, 
 be vested in seven directors who shall be chosen by the mem- 
 bers of said corporation in the manner hereinafter provided ; 
 and shall hold their offices until others shall have been duly Tenure of 
 elected and qualified to take their places, a majority of whom °*^°°' 
 shall form a quorum for the transaction of business; and 
 they shall elect one of their 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 offloers and 
 the faithful discharge of his duty, and a treasurer, who shall 
 be sworn, and also give bonds to the corporation, with sureties 
 to the satisfaction and acceptance of the directors, in a sum 
 not less than twenty thousand dollars, for the faithful discharge 
 of his trust. 
 
 Sect. 4. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws, rules and regulations, not ^y-iaws and 
 
 •J ^ ^ o J regulations. 
 
 inconsistent with the constitution and 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. The president and directors for the time being, are powers of pres- 
 hereby authorized, and empowered, by themselves or their ident and direc- 
 
 i: ' " tors in location, 
 
 agents, to exercise all the powers herein granted to the cor- construction, 
 poration, for the purpose of locating, constructing and com- ^^"'p™***'™- 
 pleting said road, and for the transportation of persons, goods 
 and property of all descriptions; and all such power and 
 authority for the management of the affairs of the corpora- 
 tion, as may be necessary and proper to carry into effect the i^^^ Iniltber 
 objects of this grant; to purchase and hold land, materials, property, 
 engines and cars, and all other necessary things, in the name 
 of the corporation for the use of said railroad, and for the 
 
248 
 
 KNOX AND LINCOLN RAILROAD. 
 
 Assessments on 
 •hares. 
 
 Shareholders, 
 how notified, 
 and penalty for 
 neglect of pay- 
 ment. 
 
 Proviso. 
 
 Toll. 
 
 Transportation 
 of passengers, 
 merchandise, 
 &c., ttom other 
 roads. 
 
 transportation of persons, goods and property of all descrip- 
 tions ; 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 the 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 
 by-laws of said corporation, the directors may order the treas- 
 urer to sell such share or shares at public auction, after giving 
 siich notice as may be prescribed as aforesaid, to the highest 
 bidder, and the same shall be transferred to the purchaser, and 
 such delinquent subscriber or stockholder shall be held account- 
 able 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 over- 
 plus, if his share or shares shall sell for more than the assess- 
 ments due with interest and costs of sale; provided however^ 
 that no assessment shall be laid upon any shares in said cor- 
 poration, of a greater amount in the whole than one hundred 
 dollars. 
 
 Sect. 6. A toll 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 by 
 them upon said road, at such rates as may be agreed on 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 weights of 
 loads, and all other matters and things in relation to the use, 
 and operation of said road, shall be in conformity with such 
 rules, regulations, and provisions, as the directors shall from 
 time to time prescribe, order and direct. 
 
 Sect. 7. Said corporation shall receive and transport all 
 persons, goods, and property of all descriptions, which may be 
 carried or transported to the railroad of said corporation, on 
 such other railroads as may be authorized to be connected 
 therewith, at the same rates of toll and freight as may be pre- 
 
KNOX AND LINCOLN EAILEOAD. " 249 
 
 scribed by said corporation; so that the rates of toll and 
 freight on such passengers, goods, and other property, as may 
 be received from such other railroads so connected with said 
 railroad as aforesaid, shall not exceed the general rates of 
 freight and toll on said railroad received for freight and pas- 
 sengers, at any of the depots of said corporation. 
 
 Sect. 8. If the said railroad in the course thereof shall not to obstruct 
 cross any private way, the said corporation shall so construct '*'^ ^""^ conve- 
 
 •/ ^ ■/ ' ■*- nient ufleofany 
 
 said railroad as not to obstruct the safe and convenient use of private way, 
 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 high- 
 way; and the said corporation shall have power to raise or 
 lower such turnpike, highway or private way so that the rail- 
 road, if necessary, may conveniently pass under or over the 
 same, and erect such gate or gates as may be necessary for 
 the safety of travellers thereon; and said corporation shall 
 
 1 ... , • ' n 1 • -I ■11.''^'' maintain in 
 
 constantly maintain in good repair, all bridges with their good repair aii 
 abutments, and embankments, which they may construct '"■"^ses, &c. 
 for the purpose of conducting their railroad over any canal, 
 turnpike, highway, or private way, or for conducting such 
 turnpike, highway or private way over said railroad. 
 
 Sect. 9. If said road shall in the course thereof cross any Bridges and 
 tide waters, navigable rivers, streams or ponds, the said cor- tidTwaters 
 poration are hereby authorized and empowered to erect for authorized, 
 the sole and exclusive travel on their said railroad a bridge or 
 bridges across each of said rivers, streams, ponds or any such 
 tide waters : provided, said bridge or bridges shall be so con- proviso, 
 structed as not unnecessarily to obstruct, or impede the navi- 
 gation of said waters. 
 
 Sect. 10. Said corporation shall erect and maintain substan- 
 tial, legal and sufficient fences on each side of the land taken erected. ° 
 by them for their railroad, when the same passes through 
 enclosed or improved lands ; and for any unreasonable neglect 
 or failure to erect and maintain such fence, said corporation 
 shall be liable to be indicted in the district court, in the county neglect. " 
 where such fence shall be insufficient, and be fined in such 
 16 
 
250 
 
 KNOX AND LINCOLN RAILROAD. 
 
 To keep road in 
 good repair 
 with suitable 
 rolling stock. 
 
 Lien for toll. 
 
 Proviso. 
 
 To carry U. S. 
 mail. 
 
 Compensation. 
 
 Malicious inju- 
 ry of road how 
 punished. 
 
 sum as shall be adjudged necessary to erect or repair the 
 same ; and such fine shall be expended for the erection or 
 repair of said fence, under the direction of an agent appointed 
 by said court, as in case of fines imposed upon towns for 
 deficiency of highways. 
 
 Sect. 11. Said corporation, after they shall commence re- 
 ceiving tolls, shall be bound at all times, to have said railroad 
 in good repair, and a suitable number of carriages and vehicles 
 for the transportation of persons and property, together with 
 the necessary locomotives or engines therefor, and shall be 
 obliged to receive at all proper times and places, and convey 
 the same when the appropriate tolls therefor shall be paid and 
 tendered ; and a lien is hereby created on all articles trans- 
 ported for said tolls. And the said corporation fulfilling on 
 its part all and singular the several obligations and duties, by 
 this section imposed and enjoined upon it, shall not be held or 
 bound to allow any engine, locomotive, cars, carriages or other 
 vehicle for the transportation of persons or property, to pass 
 over said railroad, other than its own, furnished and provided 
 for that purpose as herein enjoined and required; provided, 
 however, that said corporation shall be under obligations to 
 transport over said road, the passenger and other cars of any 
 other incorporated company, whose road may be connected 
 with that hereby authorized, such other company being sub- 
 ject to all the provisions of the sixth and seventh sections of 
 this act, as to rates of toll and all other things enumerated, pro- 
 vided and enjoined in said sections. 
 
 Sect. 12. The said corporation shall, at all times when the 
 postmaster general shall require it, be holden to transport the 
 United States mails from and to such place or places on said 
 road as required, for a fair and reasonable compensation; and 
 in ease the corporation and the postmaster general shall be 
 unable to agree upon the compensation aforesaid, the legislar 
 ture of the State shall determine the same; and the said cor- 
 poration shall be bound thereby. 
 
 Sect. 13. If any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of any car- 
 riage, car, locomotive, engine or other vehicle on said railroad, 
 
KNOX AND LINCOLN RAILROAD. 251 
 
 or in any way spoil, injure or destroy said railroad, or any 
 part thereof, or anything belonging thereto, or any materials 
 or implements to be employed in the construction, or for the 
 use of said road, he, she or they, or any person or persons, aid- 
 ing, assisting, or abetting such trespass, shall forfeit and pay to 
 said corporation, for any 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 any 
 court of competent jurisdiction, by the treasurer of the corpor- 
 ation, or other ofiScer whom they may direct, to the use of 
 said corporation ; 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 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 five hundred dollars, to the use of the 
 State, or may be imprisoned for a time, not exceeding five 
 years, at the discretion of said court. 
 
 Sect. li. Said corporation shall keep in a book for that pur- -^g^^^^f 
 pose a regular account of all their disbursements, expenditures account to be 
 and receipts ; and the books of said corporation shall be open ernor and 
 to the inspection at all times, of the governor and council, and ™"°<=''- 
 any committee duly authorized by the legislature ; and at the 
 expiration of every year, the treasurer of said corporation shall 
 make an exhibit, under oath, to the legislature, of the net profits 
 derived from the income of said road. 
 
 Sect. 15. All the real and personal estate purchased by said Taxation ofreai 
 corporation for the use of the same, shall be deemed personal andpsfso"*! 
 estate, and the shares owned by the respective stockholders in 
 said corporation, shall be taxable as such to the owners there- 
 of, in the places where they reside and have their home.' And 
 whenever the net income of said corporation shall have when net in- 
 
 , . , come exceeds 12 
 
 araounted to twelve per cent, per annum upon the cost oi the per cent., a por- 
 road, and its appendages and incidental expenses, the directors *i™ "f overplus 
 
 ' re a r y to accrue to the 
 
 shall make a special report of the fact to the legislature ; frona state. 
 and after which time, one moiety, or such other portion as the 
 legislature may from time to time determine, of the net income 
 from said railroad accruing thereafter, over and above twelve 
 
252 
 
 KNOX AND LINCOLN RAILEOAD. 
 
 No other tax to 
 be levied. 
 
 Annual meet- 
 ing. 
 
 Directors, how 
 chosen. 
 
 Votes. 
 
 Special meet- 
 ings. 
 
 Power of legis- 
 lature to in- 
 quire into do- 
 ings of said cor- 
 poration. 
 
 per centum, per annum, first to be paid to the stockholders, 
 shall annually be paid over by the treasurer of said corpora- 
 tion, as a tax into the treasury of the State, for the use of the 
 State; and the State may have and maintain an action against 
 said corporation therefor, to recover the same, but no other tax 
 than herein is provided shall be levied or assessed on said 
 corporation, or any of their privileges, property or franchises. 
 
 Sect. 16. The annual meeting of the members of said cor- 
 poration shall be holden on the first Mondq,y of September, or 
 on such other day as shall be determined by the by-laws, at 
 such time and place as the directors for the time being shall 
 appoint; at which meeting the directors shall be chosen by 
 ballot, each proprietor by himself or proxy, being entitled to 
 as many votes as he holds shares ; and the directors are hereby 
 authorized to call special meetings of the stockholders, when- 
 ever they shall deem it expedient and proper, by giving such 
 notice as the corporation, by their by-laws shall direct. 
 
 Sect. 17. The legislature shall at all times have the right to 
 inquire into the doings of the corporation, and into the man- 
 ner in which the privileges and franchises, herein and hereby 
 granted, may have been used and employed by said corpora- 
 tion; and to correct and prevent all abuses of the same, and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion, which may be necessary more effectually to compel a com- 
 pliance with the provisions, liabilities and duties hereinbefore 
 set forth and enjoined, but not to impose any other or further 
 duties, liabilities or obligations. 
 
 Sect. 18. K the said corporation shall not have been organ- 
 ized, and the location of the route of said railroad, according 
 to actual survey filed with the county commissioners of the 
 county of Lincoln, on or before the thirty-first day of Decem- 
 ber, in the year of our Lord one thousand eight hundred and 
 fifty-six, or if said corporation shall fail to complete said rail- 
 road, on or before the thirty-first day of December, in the year 
 of our Lord one thousand eight hundred and sixty-three, in 
 either of the above mentioned cases, this act shall be null and 
 void. 
 
 Sect. 19. Any seven of the persons named in the first section 
 
stock, subscrip- 
 tion book to be 
 
 KNOX AND LINCOLN EAILEOAD. 253 
 
 of this act, are hereby authorized to call the first meeting; of said rirst meeting, 
 
 ' . . . , bow called. ■ 
 
 corporation, by giving notice in one or more newspapers, piib- 
 lished in the city of Bath and the town of East Thomaston, 
 and such other towns or cities as they may appoint, of the 
 time and place and the purposes of such meeting, at least 
 twenty days before the time named in such notice. 
 
 Sect. 20. And forthe purpose of receiving subscriptions to 
 the capital stock of said railroad, books shall be opened under 
 the direction of the persons named in the first section of this opened, &o. 
 act, at such time as they may determine, in the city of Bath 
 and the town of East Thomaston, and in such towns and cities, 
 elsewhere, as they shall appoint, to remain open at least ten 
 successive days, of which times and places of subscription pub- 
 lie notice shall be given, in some newspaper published in the and place to be 
 city of Bath and the town of East Thomaston, and such other 
 places as they shall direct, twenty days at least, previous to 
 the opening of said books of subscription; and in case the 
 amount subscribed shall exceed twenty thousand shares, the 
 same shall be distributed among all the subscribers, according stares to be 
 
 , . , !. , distributed. 
 
 to such regulations as the persons having charge of the open- 
 ing of the books of subscription shall, before the opening there- 
 of, prescribe and determine. Approved August 13, 1849. 
 
 LAWS OF 1849, CHAP. 294. 
 
 An act to change the name of the Penobscot and Kennebec Railroad 
 
 Company. 
 
 Be it enacted, c&c. That the name of the Penobscot and 
 Kennebec Railroad Company, is hereby changed so as to read 
 "Penobscot, Lincoln and Kennebec Railroad Company," and 
 an act entitled "an act to incorporate the Penobscot and Ken- 
 nebec Railroad Company," passed at the present session of 
 the legislature, is hereby amended accordingly. Approved 
 August 15, 1849. 
 
 LAWS OF 1856, CHAP. 563. 
 
 An act to extend the time for filing the location of the Penobscot, Lincoln 
 and Kennebec Railroad Company, and building the same. 
 
 Be it enacted, <&c. A further time of five years from the 
 
254 
 
 KNOX AKD LINCOLN RAILROAD. 
 
 Time for organ- thirty-first day of" December, in the year of our Lord one 
 flUngiocation thousand eight hundred and flfty-six, is allowed to the Penob- 
 &c., extended, scot, Lincoln and Kennebec Railroad Company, in which to 
 organize said company, and file its location in the several 
 counties through which it may pass ; and a further time of fire 
 years in which to complete said railroad, beyond the time now 
 allowed therefor by its charter. Approved February 20, 1856. 
 
 Organization 
 and time of 
 filing location 
 extended five 
 years. 
 
 Completion, 
 time of, extend- 
 ed five years. 
 
 LAWS OF 1861, CHAP. 99. 
 
 An act to extend the time for filing the location and building of the 
 Penobscot, Lincoln and Kennebec Railroad. 
 
 Be it enacted^ dec. A further time of five years from the 
 thirty-first day of - December, in the year of our Lord one 
 thousand eight hundred and sixty-one, is allowed to the Pe- 
 nobscot, Lincoln and Kennebec Railroad Company, in which 
 to organize said company and file its location in the several 
 counties through which it may pass ; and a further time of five 
 years in which to complete said road beyond the time now 
 allowed by the act of February twentieth, in the year of our 
 Lord oi}e thousand eight hundred and fifty-six. Approved 
 March 15, 1861. 
 
 Corjwrate name 
 changed. 
 
 Authorized to 
 construct road. 
 
 Location. 
 
 LAWS OF 1864, CHAP. 370. 
 
 An act to amend former acts to incorporate the Penobscot, Lincoln and 
 Kennebec Railroad Company. 
 
 Be it enacted, die. St:oT. 1. The name of said corporation 
 is hereby changed so as to read Knox and Lincoln Railroad 
 Company. 
 
 Sect. 2. Said railroad company is hereby authorized to con- 
 struct its road from some point at or near tide water in the 
 city of Rockland, through the counties of Knox and Lincoln, 
 to a point on the west side of the Kennebec river between the 
 south line of Bath and- the north line of Richmond, and to con- 
 nect with the Portland and Kennebec Railroad, and may con- 
 struct bridges with suitable draws therein, as may be prescribed 
 by the board of railroad commissioners, over any tide waters 
 on the line of said road. 
 
KNOX AND LINCOLN RAILROAD. 255 
 
 Sect. 3. To aid in the construction and equipment of said Bond may be 
 railroad, bonds payable to the bearer thereof within thirty f^^'^jt"//^;; 
 years, with coupons for interest at three per cent, semi-annu- towns. 
 ally, maybe issued by the following cities and towns or either —^ten payable 
 of them, in amounts not exceeding the sums hereafter named, —amount, how 
 to be determined by a major vote of the qualiiied voters of 'i^'''''"""^''- 
 said cities and towns, given in at meetings thereof, called 
 according to law for that purpose, to wit : Rockland, four 
 hundred thousand dollars; Thomaston, two hundred thousand 
 dollars; Warren, fifty thousand dollars; Waldoborough, one 
 hundred and fifty thousand dollars; Damariscotta, one hundred 
 thousand dollars ; Newcastle, one hundred thousand dollars; Names of cities 
 Nobleborough, twenty five thousand dollars; Wiscasset, one »"'• t"''™- '^'=- 
 hundred and fifty thousand dollars; and any other town in the- 
 counties of Knox or Lincoln, a sum not exceeding ten per cent, 
 of the valuation of such towns by the State valuation of eigh- 
 
 11. .11 Tin 111. .1 Bonds, when to 
 
 teen hundred sixty ; said bonds snail not be delivered to said be delivered, 
 railroad company until at least three hundred thousand dollars 
 of the stock of said company has actually been subscribed, paid ^ribed*p^d'in 
 in and expended in the construction of said road, which fact *"■> ^"^ "i^'er- 
 shall be determined by the certificate of the treasurer of said 
 corporation, under oath, a copy of which certificate shall be 
 recorded by the town or city clerk of each town or city issuing 
 bonds by authority of this act. 
 
 Sect. 4. All of said bonds shall bear the same date, and one 
 twentieth part thereof issued by any city or town shall be made and when pay- 
 payable each year, after ten years from said date ; and it shall *^'^' 
 be the duty of said railroad company to pay all the bonds that 
 may be thus issued for its benefit, with the coupons thereon, 
 as the same shall fall due and become payable. 
 
 Sect. 5. Said railroad company shall execute and deliver to Kaiiroadco. 
 the cities and towns issuing bonds as aforesaid, a mortgage of **" mortgage 
 all its property and rights of property in said road, present payment of 
 and prospective, including its franchise, conditional to pay said ^°''^^- 
 bonds and coupons as they shall become due, and to hold said 
 cities and towns harmless therefrom. 
 
 Sect. 6. In case said railroad company shall fail to pay said '^^ company fail 
 coupons as they shall fall due on said bonds at maturity, and when^due.^""' 
 
256 
 
 KNOX AND LINCOLN RAILROAD. 
 
 — ^meeting of 
 the nmnicipal 
 officers of the 
 cities, &c., may 
 be called. 
 
 —notice of, how 
 given. 
 
 — how 
 
 — if failure to 
 pay continues. 
 
 — may choose 
 hoard of 
 managers. 
 
 — how 
 organized. 
 
 — authorized to 
 take possession 
 of road, &c. 
 
 Powers, duties, 
 &c. 
 
 —term of ofloe. 
 
 — shall make 
 report of 
 doings, &c. 
 
 — meeting, 
 how called. 
 
 Managers when 
 to surrender 
 road, &c. 
 
 Managers, how 
 elected, &c. 
 
 said failure shall continue for the space of sixty days after 
 demand shall have been made on the treasurer therefor, it shall 
 be lawful for the municipal officers of any city or town whose 
 bonds or coupons shall have thus been dishonored, to call a 
 meeting of the municipal officers of the cities and towns named 
 in said mortgage, by publishing a notice of the time, place and 
 object of said meeting, tliree weeks successively in some pubhe 
 newspaper printed in the counties of Knox or Lincoln, and if 
 at such meeting, which shall be organized by the choice of a 
 chairman and clerk, the latter to be duly sworn, it shall be 
 made to appear that such failure to pay as aforesaid continues, 
 the municipal officers thus assembled may proceed to choose 
 by ballot, a board of managers consisting of not more than nine 
 members a majority of whom shall constitute a quorum, who 
 shall organize by the choice of a secretary and president, and 
 may choose any other officers which under the charter and by- 
 laws of said company, may be chosen by a board of directors, 
 and said board of managers shall be authorized to take posses- 
 sion of said road and all its property and rights of property 
 ■therewith connected, and operate- the same, and shall have all 
 the powers and be subject to all the duties and liabilities of a 
 board of directors, and shall hold their offices for one year 
 from the time of their election and until others are chosen in 
 their stead. Said managers shall make a report of their doings 
 and of the amount of money they have received and paid out 
 on account of said railroad to a meeting of the municipal 
 officers of the cities and towns aforesaid, at least once in eveiy 
 year, which meeting shall be called by the president and secre- 
 tary of said board of managers. When sufficient money has 
 been received by said board over and above what is necessary 
 to pay the expenses for operating said road, including neces- 
 sary repairs and improvements to pay all coupons and bonds 
 then due and unpaid, it shall surrender said road with all its 
 property and rights of property to said company. In the 
 election of said board of managers, the municipal officers afore- 
 said shall be entitled to one vote for every hundred dollars in 
 bonds issued by their respective cities or towns, and the major 
 part of the municipal officers of each city or town shall control • 
 
KNOX AND LINCOLN EAILEOAD. '257 
 
 the Yote thereof. While in their possession, said road shall be Eoad, how 
 operated in the name of the managers of the Knox and Lincoln 
 
 Kailroad Company. If the failure to pay said coupons or ittnn^^^^ 
 
 bonds shall continue for the space of twenty full .years after pay coupons or 
 
 bonds, shaU 
 
 possession shall have been taken under the mortgage as aiore- continue, &c. 
 said, the same shall be thereby fully foreclosed, unless prior to -mortgage 
 that time a sufficient tender of payment shall have been made "^^J^^^ ^''^^' 
 by or on behalf of said company. 
 
 Sect. 7. Said railroad company or said managers when said May contract 
 railroad is in their possession as aforesaid, may contract with lealeroad.*" 
 any other railroad company or other parties to operate said 
 road or may lease the same for a term of 'years; provided 
 however, any contract for operating said road or for the lease ^"^'^''• 
 thereof by said managers, shall terminate when the possession 
 of the road shall be restored to said company in manner as 
 before provided. 
 
 Sect. 8. The bonds herein authorized to be issued, shall be Bonds, how 
 , signed by the mayor and treasurer of cities, and one of the authenticated, 
 selectmen and treasurer of the towns issuing them, and counter- 
 signed by the president of said railroad company, and shall 
 contain endorsement, Issued for the benefit of the Knox 
 and Lincoln Railroad Company by the of . 
 
 Sect. 9. The time allowed in the acts to which this is addi- Time for com- 
 tional for commencing and completing said railroad is hereby ^^"^^^ ^°^' 
 extended seven years. 
 
 Sect. 10. In case the "Wiscasset and Kennebec Railroad Authorized to 
 Company shall construct its road from "Wiscasset to Hichmond, connect with 
 Bowdoinham or Bath, within two years from the time this act Kennebec 
 shall take effect, it shall be lawful for the Knox and Lincoln ^3™*t*^"-** 
 Railroad Company to connect its road therewith at Wiscasset, 
 and all the rights, privileges and immunities herein granted to 
 the Knox and Lincoln Railroad Company, shall be enioyed by ^'?"^' 
 
 ^ ^ ^ <) J J privileges, »&c. 
 
 the Wiscasset and Kennebec Railroad Company in the con 
 struction of its road from Wiscasset to its connection with the 
 Portland and Kennebec Railroad. Approved March 21, 1864. 
 
258 
 
 KNOX AND LINCOLN RAILROAD. 
 
 LAWS OF 1866, CHAP. 63. 
 
 Gh.370, special 
 laws 1864, 
 amended. 
 
 An act additional to "an act to amend former acts to incorporate the 
 Penobscot, Lincoln and Kennebec Railroad Company." 
 
 Be it enacted, c&c. The act approved March twenty-first, 
 eighteen hundred and sixty-four, entitled "an act to amend 
 former acts to incorporate the Penobscot, Lincoln and Kenne- 
 bec Railroad Company," to which this is additional, shall be 
 and hereby is amended in the tenth section thereof, by striking 
 out the "words, within two years from the time this act shall 
 Change of time, take qffect" and inserting in place thereof the words, before 
 the thirty-first day of December, which shall be in the year 
 of our Lord one thousand eight hundred and seventy. Ap- 
 proved February 9, 1866. 
 
 LAWS OF 1867, CHAP. 226. 
 
 Amendment. 
 
 An act to amend an act entitled "an act to amend former acts to. incor- 
 porate the Penobscot, Lincoln and Kennebec Railroad Company," 
 approved March twenty-one, eighteen hundred and sixty-four. 
 
 Be it enacted, c&c. Sect. 1. The third section of said act is 
 hereby amended by inserting in the thirteenth line thereof, 
 after the word "dollars," the words, Bath six hundred thou- 
 sand dollars. ^ 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved February 6, 1867. 
 
 LAWS OF 1867, CHAP. 255. 
 
 An act to authorize the Kennebec and Wiscasset Railroad Company to 
 unite with the Knox and Lincoln Railroad Company. 
 
 Be it enacted, &c. Sect. 1. The Kennebec and Wiscasset 
 
 Consolidation, ' 
 
 time and condi- Kailroad Company is hereby authorized to unite its road, when 
 
 same, ^jjo^y qj. j^ part constructed, with the road of the Knox and 
 
 Lincoln Kailroad Company, at any time after the last named 
 
 road shall be wholly or in part constructed, upon such terms 
 
 and conditions as may be mutually agreed by said companieB; 
 
 Corporate name "' ./ o i n i't, + 
 
 when united, and when said companies are thus united, they shall constitute 
 
KN'OX AND LINCOLN RAILROAD. 259 
 
 one company, the corporate name of which shall be the Knox 
 and Lincoln Railroad Company. 
 
 Sect. 2. This act shall take eifect when approved by the 
 governor. Approved February 12, 1867. 
 
 LAWS OF 1867, CHAP. 369. 
 
 An act to amend an act to amend former acts to incorporate the Penob- 
 scot, Lincoln and Kennebec Railroad Company, approved March twenty- 
 one, eighteen hundred and sixty-four. 
 
 Chap. 370, 
 
 Be it enacted^ c&c. Sect. 1 . The third section of said act 
 shall be, and hereby is, amended by adding at the end of said 
 section the following words, to wit: — provided however, that sect. 3, puWic 
 in case the Kennebec and Wiscasset Railroad Company and amended. 
 the Knox and Lincoln Huilroad Company shall be united 
 under the act for that purpose, approved February twelfth, 
 eighteen hundred and sixty-seven, the amount of stock which 
 has been, or shall be subscribed and actually paid in and 
 expended in the construction of the Kennebec and Wiscasset 
 Railroad m,ay be taken to be an^ shall he considered as a 
 part of said three hundred thousatid dollars, so that said 
 bonds may be issued by said several towns and cities and 
 delivered to said corporation when said three hundred thou- 
 sand dollars shall have been paid in and expended by both of 
 said corporations. 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved February 21, 1867. 
 
 LAWS OF 1867, CHAP. 386. 
 
 An act authorizing the town of Richmond to aid in the cbnstructiou of 
 the Knox and Lincoln Railroad. 
 
 Be it enacted, c&c. Sect. 1. The act entitled "an act to 
 amend former acts to incorporate the Penobscot, Lincoln and 
 
 -p. -^ ' Chap 370, speo- 
 
 K-ennebec Railroad Company," approved March twenty-first, iai laws of 1864, 
 one thousand eight hundred and sixty-four, is hereby amended *"™**"*- 
 by inserting after the words "Wiscasset, one hundred and fifty 
 thousand dollars," the words Richmond, one hundred and 
 fifty thousand dollars. 
 
260 
 
 KNOX AND LINCOLN RAILROAD. 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved February 28, 1867. 
 
 Loan of credit 
 by Batli and 
 Bichmond con- 
 tingent upon 
 location for 
 western ter- 
 minus. 
 
 I/oan by Bath 
 to be effected by 
 ballot at legal 
 meeting of 
 qualified TOters. 
 
 LAWS OF 1867, CHAP. 387. 
 
 An act to amend an act entitled "an act to amend former acts to incor- 
 porate the Penobscot, Lincoln and Kennebec Railroad Company," 
 approved March twenty-first, eighteen hundred and sixty-four. 
 
 Be it enacted, (&c. Sect. 1. That the aforesaid act be and 
 is hereby amended by adding to the third section of said act 
 as follows: — That the said city of Bath may loan its credit as 
 provided in said third section of the said act, which is hereby 
 amended, provided that the western terminus of the railroad, 
 mentioned in the aforesaid act, which is hereby amended, 
 shall be at said Bath ; and that the town of Bichmond be 
 authorised to loan its credit in aid of said railroad to the 
 amount of one hundred andffty thousand dollars, provided 
 that the western terminus of said railroad shall be in the 
 said town of Richmond. 
 
 Sect. 2. That the qualified voters of said city of Bath, at 
 legal meetings of said voters duly called and notified for the 
 purpose according to the provisions of the charter of said city, 
 may by ballot vote to loan their credit as provided by the act 
 hereby amended, anything therein to the contrary notwith- 
 standing. 
 
 Sect. 3. This act shall take effect when approved by the 
 governor. Approved February 28, 1867. 
 
 LAWS OF 1867, CHAP. 395. 
 
 An act to exempt from taxation the capital stock of certain railroad 
 companies for a term of years. 
 
 Beit enacted, &c. Sect. 1. The shares of the capital stock 
 
 of the Kennebec and Wiscasset Railroad Company, also the 
 
 Companies Knox and Lincoln Railroad Company, and also the Dexter and 
 
 exempted, and J^^ewport Railroad Company, also the Belfast and Moosehead 
 
 exemption. Lake Railroad Company, and also the Bangor and Piscataquis 
 
 Railroad Company, are hereby exempted from taxation lO'' 
 
 the term of ten years from the time said railroads shall be 
 
KNOX AND LINCOLN RAILROAD. 261 
 
 opened for travel; provided however, that said shares shall be proviso, 
 entered from year to year on the assessment books and returned 
 with the valuation of the several places in which said shares 
 may be owned, for the purpose of making the State valuation. 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved March 1, 1 867. 
 
 LAWS OF 1868, CHAP. 595. 
 
 An act to furtlier amend "an act to establish the Penobscot and Kenne- 
 bec Railroad Company," approved August tbirteenth, eighteen hundred 
 and forty-nine, and for other purposes. 
 
 Be it enacted, dec. Sect. 1. The third section of said act 
 is hereby amended by striking the word "ten," before the delating to 
 
 ■' ./a 7 ^ number and 
 
 word thousand, out of the second line thereof, and inserting value of shares, 
 the word "three" in its stead. 
 
 Sect. 2. The acts and doings of the corporators and stock- 
 
 n ■ 1 ■ .1 f.Ti Acts and organ- 
 
 holders 01 said corporation, in the acceptance or said charter, ization made 
 
 and in the organization of said company, are hereby ratified ™'"'' 
 and made valid. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved February 29, 1868. 
 
 LAWS OP 1869, CHAP. 91. 
 An act amending the charter of the Knox and Lincoln Railroad Company. 
 
 Be it enacted, <&c. Sect. 1. The first clause in fifth line of 
 section three, chapter two hundred and eighty-seven of the Amended, 
 special laws of eighteen hundred and forty-nine, is hereby 
 amended by striking out the word "seven," after the words 
 "vested in," and inserting the words "not exceeding nine," so 
 it shall read "be vested in not exceeding nine directors." 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 17, 1869. 
 
 LAWS OP 1870, CHAP. 478. 
 
 An act additional to and to amend the acts incorporating the Knox and 
 Lincoln Railroad Company. 
 
 Be it enacted, <&c. Sect. 1. The Knox and Lincoln Eail- 
 
262 
 
 KNOX AND LINCOLN RAILROAD. 
 
 Extension of 
 road authorized 
 
 Route. 
 
 Wharves, piers, 
 slips. 
 
 Boats and ma- 
 chinery. 
 
 May t&ke land 
 and other real 
 estate. 
 
 Proviso. 
 
 Wharves. 
 
 Bonds, coupons 
 and rate of 
 interest, &c. 
 
 road Company is hereby authorized to extend its road fr6m 
 the point where it strikes the eastern side of the Kennebec 
 river, across said river to a point on the western side of said 
 river, at or near the terminus of the Portland and Kennebec 
 Railroad, by a ferry between tlie points aforesaid, to construct, 
 maintain and extend into the tide waters of said river all nec- 
 essary and convenient wharves, piers and slips for the use and 
 accommodation of said ferry and the boats and business con- 
 nected therewith, both on the east and west sides of said river, 
 and to purchase, build, maintain and keep in repair all neces- 
 sary and proper boats and machinery to perform the business 
 of said company and to run the same at all hours of day and 
 night. And for the purpose aforesaid said company shall have 
 the right to purchase or take and hold, as for railroad pur- 
 poses, so much of the land and other real estate of private 
 persons or corporations, except the property of the Sagadahoc 
 Ferry Company, as may be necessary and convenient for the 
 location, construction and operation of said ferry; provided 
 however, that said wharves, piers and slips shall be so con 
 structcd as not unnecessarily to impede or obstruct the naviga- 
 tion of said river. 
 
 Sect. 2. Said Knox and Lincoln Railroad Company is here- 
 by authorized to build and maintain on the east side of said 
 river, at and near the place where said road strikes said river, 
 a wharf extending along said river a distance not exceeding six 
 hundred feet and extending into said river a distance not ex- 
 ceeding two hundred and fifty feet beyond low water mark; 
 and to build and maintain at and near the western terminus of 
 said ferry, all such wharves, extending into tide waters, as may 
 be prescribed or permitted by the municipal authorities of the 
 city of Bath. 
 
 Sect. 3. To aid in the construction and equipment of said 
 Knox and Lincoln Railroad, and the ferry, piers, slips, wharves 
 and boats aforesaid, said company is hereby authorized to 
 issue its bonds to an amount not exceeding four hundred thou- 
 sand dollars, in such amounts and payable at such times as 
 said company may determine, with coupons for interest, at a 
 rate not exceeding foiir per cent, semi-annually, and to sell 
 
KNOX AND LINCOLN RAILROAD. 263 
 
 and dispose of said bonds to the best possible advantage, or to 
 
 pledge the same as collateral security for money borrowed; 
 
 and to mortgage all the property and rights of property of 
 
 said company, present and prospective, including its franchise, f°^^^^^°i 
 
 conditioned to pay such bonds and coupons as they shall be- corporation. 
 
 come due, or convey all said ■property, rights of property 
 
 and franchise by deed of trust to secure the payment of said 
 
 bonds and coupons as they shall become due ; provided, how- proviao. 
 
 ever, said mortgage or deed of trust shall be made subject to 
 
 a mortgage heretofore made by said company to the several 
 
 cities and towns which have loaned their credit and issued 
 
 their bonds in aid of the construction and equipment of said 
 
 road. 
 
 Sbct. 4. In case said company shall fail to pay said second Failure to pay 
 mortgage coupons as they become due or said second mort- mortgage cou- 
 
 o z) ^ d ^ pons, proceed- 
 
 gage bonds at the maturity thereof, and said failure shall con- ings in case of. 
 tinue for the space of sixty days after demand shall have been 
 made on the treasurer of said company therefor, or if there shall 
 -be no treasurer, upon any director of said company, any three 
 of the holders of said bonds shall be authorized to call a meet- 
 ing of the holders of said bonds by publishing a notice of the 
 time, place and object of said meeting three weeks successively 
 in some public newspaper printed in one of the counties of 
 Knox, Lincoln or Sagadahoc; and if at such meeting, which 
 shall be organized by the choice of a chairman and clerk, 'the 
 latter to be duly sworn, it shall be made to appear that such 
 failure to pay as aforesaid continues, the holders of such bonds 
 thus assembled may proceed to choose by ballot a board of 
 managers, consisting of not more than nine members, a ma- 
 jority of whom shall constitute a quorum, who shall organize 
 by the choice of a secretary, who shall be duly sworn, and a 
 president, and may choose any other officers which under the 
 charter and by-laws of said company may be chosen by a 
 board of directors; and a written notice signed by the presi- 
 dent and secretary of said managers, served upon the presi- 
 dent, treasurer or any director of said company, stating that 
 said managers take actual possession of the whole of said rail- 
 road, and of all the property and rights of property, real and 
 
264 
 
 KNOX AND LINCOLN KAILEO AD. 
 
 Foreclosure of 
 mortgage. 
 
 Managers to 
 operate the road 
 in their own 
 name. 
 
 Earnings, how 
 applied. 
 
 Report of 
 doings of man- 
 agers to be 
 made once a 
 year. 
 
 Payment of lia- 
 bilities and sur- 
 render of road. 
 
 personal, of the company, and of the franchise thereof, for 
 the purpose of foreclosing said second mortgage or deed of 
 trust, shall terminate all right of said company to the posses- 
 sion or control of any of said property or franchise and shall 
 be a legal transfer of all the same for the purpose aforesaid to 
 said managers; and said managers shall be entitled to the 
 actual possession of said road and all the property and rights 
 of property and franchise of the said company, and to all 
 needful or proper processes in law and equity to have, recover 
 and retain such possession, and shall operate said road and 
 shall have all the powers and be subject to all the liabilities 
 of a board of directors, and shall hold their offices for one 
 year from the time of their election and until others shall be 
 chosen in their stead, except as hereinafter provided. In the 
 election of said managers, said second mortgage bondholders 
 shall be entitled to one vote for every one hundred dollars of 
 such bonds held by them respectively; while in their posses- 
 sion said road shall be operated in the name of the managers 
 of the Knox and Lincoln Kaih'oad Company. Said managers' 
 shall apply the net earnings of said road, first to the payment 
 of the coupons of the bonds issued by said cities and towns 
 as aforesaid, and of the principal thereof as it shalL beeome 
 due and payable, and the balance of such net earnings if any 
 there shall be, to the payment of the coupons of said second 
 mortgage bonds and of the principal thereof as the same shall 
 become due and payable. Said managers, shall make a report 
 of their doings and of the amount of money they have 
 received and expended on account of said railroad, to a meet- 
 ing of the second mortgage bondholders, at least once in every 
 year, which meeting shall be called by the president and sec- 
 retary of said board of managers. If at any time within three 
 years from the time of the service of the written notice afore- 
 said upon the president, treasurer or director of said company, 
 sufficient money shall be received by said board over and 
 above what is necessary to pay the expenses of operating said 
 road, including necessary repairs and improvements, and to 
 pay all the (!Oupons and bonds of the several cities and towns 
 aforesaid that shall have become due and payable, and also all 
 
KNOX AND LINCOLN RAILROAD, 265 
 
 second mortgage coupons and bonds that shall have become 
 
 due and payable, said managers shall surrender said road and 
 
 all its property and rights of property to said company. If 
 
 the failure to pay or tender payment of the second mortgage ^°^^^^^^^^^ 
 
 coupons or matured bonds shall continue for the space of three gage, time of 
 
 , . „ payment lim- 
 
 years from the time of the service of the written notice aiore- ited to three 
 said, as aforesaid, then the second mortgage shall thereby be y*™- 
 fully foreclosed and the title to the road, franchise, property 
 and rights of property shall become absolute in the second 
 mortgage bondholders, to be held by them, their heirs, succes- 
 sors and assigns forever, in the proportions in which said bonds 
 are held by said holders; promded however^ that all said pro- Proviso, 
 ceedings and said foreclosure and title shall be subject to the 
 prior right and claim of the said several cities and towns that 
 have issued bonds as aforesaid for this loan in aid of said road. 
 
 Sect. 5. Said managers, after said written notice has been jianagers may 
 served as aforesaid, may contract with any railroad company contract to 
 
 ' '' •' operate said 
 
 or other parties to operate said road, or may lease the same road. 
 for a term of years ; provided however, any contract for oper- 
 ating said road or for a lease thereof by said managers shall 
 terminate when possession of the road shall be restored to said 
 company, in the manner before provided. 
 
 Sect. 6. The bonds herein authorized to be issued shall be _ ^ ^ -^ 
 
 Bonds to be 
 
 signed by the president and treasurer of said company. If signed by presi- 
 the bonds shall be secured by a deed of trust, the trustees shall urer. 
 be appointed by the directors of said company, and any vacan 
 cies in the board of trustees shall be filled by said directors 
 until the service of the written notice as aforesaid, and after 
 that time vacancies in the board of trustees shall be filled by 
 said managers until said road shall be restored to said com- 
 pany in the manner aforesaid. 
 
 Sect. 7. This act shall take effect when approved. Ap- 
 proved March 17, 1870. 
 
 LAWS OP 1871, CHAP. 511. 
 
 An act to authorize certain cities and towns to aid in the construction and 
 equipment of the Knox and Lincoln Railroad. 
 
 Be it enacted, <&c. Sbot^ 1. The votes and doings of the 
 17 
 
266 
 
 KNOX AND LINCOLN RAILROAD. 
 
 Votes and do- 
 ings of the city 
 of Bath; 
 
 Wiscasset ; 
 Newcastle ; 
 Oamariscotta; 
 
 Nobleborough ; 
 
 Waldoborough ; 
 
 Thomas ton, 
 and the city of 
 Bockland, to. 
 aid in the con- 
 struction and 
 equipment of 
 the Knox and 
 Lincoln Eail- 
 road ratified, 
 confirmed and 
 made valid. 
 
 Bonds may be 
 issued by said 
 cities and towns 
 in aid of said 
 road. 
 
 Amounts lim- 
 ited. 
 
 Bonds, date and 
 payment of. 
 
 Mortgage of 
 company prop- 
 erty condition- 
 ed to pay bonds, 
 
 city of Bath, on the fifth day of October, one thousand eight 
 hundred and seventy,; the votes and doings of the town of 
 Wiscasset, on the fifteenth day of October, one thousand eight 
 hundred and seventy ; the votes and doings of the town of New- 
 castle, on the fourth day of October, one thousand eight hun- 
 dred and seventy ; the votes and doings of the town of Damar- 
 iscotta, on the thirtieth day of September, one thousand eight 
 hundred and seventy ; the votes and doings of the town of 
 Nobleborough, on the twenty-sixth day of September, one 
 thousand eight hundred and seventy ; the votes and doings of 
 the town of Waldoborough, on the fifteenth day of October, 
 one thousand eight hundred and seventy ; the votes and doings 
 of the town of Thomas ton, on the eighth day of October, one 
 thousand eight hundred and seventy ; and the votes and doings 
 of the city of Bockland, on the sixth day of October, one thous- 
 and eight hundred and seventy ; all to aid in the construction 
 and equipment of the Knox and Lincoln Railroad, are hereby 
 ratified, confirmed, and made valid ; and to aid in the construc- 
 tion and equipment of said railroad, bonds payable to the 
 bearer thereof in twenty years from their date, with coupons 
 for interest, at the rate of three per cent, semi-annually, may 
 be issued by said cities and towns in the amounts hereafter 
 named in pursuance of the votes and doings aforesaid, to wit : 
 Bath, one hundred and seventy-seven thousand six hundred 
 dollars. Wiscasset, thirty-one thousand eight hundred dollars. 
 Newcastle, twenty-two thousand four hundred dollars. Dam- 
 ariscotta, twenty-two thousand four hundred dollars. Noble- 
 borough, seven thousand two hundred dollars. Waldobo- 
 rough, twenty-six thousand two hundred dollars. Thomaston, 
 thirty-seven thousand four hundred dollars ; and Rockland, one 
 hundred and fifty thousand dollars. 
 
 Sect. 2. All of said bonds shall bear the same date, and it 
 shall be the duty of said railroad company to pay all the bonds 
 that may be thus issued for its benefit, with the coupons there- 
 on, as the same shall fall due and become payable. 
 
 Sect. 3. Said railroad company shall execute and deliver 
 to the cities and towns issuing bonds as aforesaid a second 
 mortgage of all its property and rights of property in said road, 
 
KNOX AND LIKCOLN EAILEOAD. 
 
 267 
 
 present and prospective, including its franchise, conditional to 
 
 pay said bonds and coupons as they shall become due and save 
 
 said cities and towns harmless therefrom ; said mortgage to be t„ ^^ subject to 
 
 subject to a prior mortgage of the same property to the same *^"'^™^'*" 
 
 cities and towns dated July first, one thousand eight hundred juiyi, ise?. 
 
 and sixty-nine. 
 
 Sect. 4. In case said railroad company shall fail to pay said . ^^ ^.^ 
 coupons as they shall fall due and become payable, or said company ehaii 
 bonds at the maturity thereof, and said failure in either case coupons and 
 shall continue for the space of §xty days after demand shall '"'"'**• 
 have been made on the treasurer of said company therefor, it 
 shall be lawful for the municipal ofiicers of any city or town 
 whose bonds or coupons shall have thus been dishonored, to 
 call a meeting of the municipal ofiicers of the cities and towns Proceedings, 
 named in said second mortgage, by publishing a notice of the 
 time, place and object of said meeting, three weeks successively 
 in some public newspaper printed in the county of Knox, Lin- 
 coln or Sagadahoc; and if at such meeting, which shall be 
 organized by the choice of a chairman and clerk, the latter to 
 be duly sworn, it shall be made to appear that such failure to 
 pay as aforesaid continues, the municipal officers thus assembled 
 may proceed to choose by ballot a board of managers, consisting ^*°*sers, 
 of not more than nine members, a majority of whom shall con- 
 stitute a quorum, who shall organize by the choice of a secretary Secretary and 
 and president, and may choose any other officers which under the 
 charter and by-laws of said company may be chosen by a board of 
 
 president, 
 Oflacera. 
 
 directors, and said board of managers shall be authorized to take 
 
 Authority of 
 managers. 
 
 possession of said road and all its property and rights of property 
 therewith connected, and operate the same, and shall have all 
 the powers and be subject to all the duties and liabilities of a 
 board of directors, and shall hold their offices for one year 
 from the time of their election and until others are chosen in 
 their stead. Said managers shall make a report of their doings dok^'s." ^"^ 
 and of the amount of money they have received and paid out 
 on account of said railroad to a meeting of the municipal offi- 
 cers of the cities and towns aforesaid, at least once in every 
 year, which meeting shall be called by the president and sec- whom'raUed^ 
 retary of said board of managers. When sufficient money has 
 
268 
 
 KKOX AND LINCOLN RAILROAD. 
 
 Surrender of 
 property. 
 
 Election of 
 managers. 
 
 Koad shall be 
 operated in the 
 name of the 
 managers of the 
 E. & L. Sail- 
 road Go. 
 
 Failure to pay 
 coupons and 
 bonds. 
 
 Foreclosure. 
 
 Lease of rail- 
 road authorized 
 
 Bonds, by 
 whom signed. 
 
 Endorsement 
 by the president 
 
 been receivred by said board, over and above what is necessary 
 to pay the expenses for operating said road, and all such sums 
 and coupons as may fall due and become payable on the bonds 
 named in said prior mortgage, including necessary repairs and 
 improvements, to pay all coupons and bonds named in said 
 second mortgage then due and unpaid, it shall surrender said, 
 road with all its property and rights of property to said com- 
 pany. In the election of said managers, the municipal officers 
 aforesaid shall be entitled to one vote for every hundred dol- 
 lars in bonds issued by their Respective cities and towns, and 
 the major part of the municipal officers of each city or town 
 shall control the vote thereof. While in their possession said 
 road shall be operated in the name of the managers of the 
 Knox and Lincoln Railroad Company. If the failure to pay 
 said coupons or bonds named in said second mortgage shall 
 continue for the space of full twenty years after possession 
 shall have been taken under said second mortgage as afore- 
 said, the same shall be thereby fully foreclosed, unless prior to 
 that time a sufficient tender of payment shall have been made 
 by or on behalf of said company, provided however, that all 
 the duties, rights and privileges conferred by this act upon 
 said cities and towns named in said second mortgage shall be 
 subject to the rights and claims of the mortgagees in said prior 
 mortgage. 
 
 Sect. 5. Said railroad company or said managers when said 
 railroad is in their possession as aforesaid, may contract with 
 any other railroad company or other parties to operate said 
 road or may lease the same for a term of years ; provided how- 
 ever, any contract for operating said road or for the lease there-' 
 of by said managers, shall terminate when the possession of 
 said road shall be taken by the mortgagees named in said prior 
 mortgage, or be restored to said company in manner as before 
 provided. 
 
 Sect. 6. The bonds herein authorized to be used, shall be 
 signed by the mayor and treasurer of cities, and one of the 
 selectmen and treasurer of the towns, issuing them, and coun- 
 tersigned by the president of said railroad company, and shall 
 contain the endorsement, "Issued for the benefit of the Knox 
 and Lincoln Kailroad Company by the of ■" 
 
KJsrOX ATifT) LINCOLN RAILROAD . 269 
 
 Sect. 7. This act shall take eifect when approved. Ap- 
 proved January 9, 1871. 
 
 LAWS OF 1872, CHAP. 1. 
 
 An act to authorize certain cities and towns to aid in the construction 
 and equipment of the Knox and Lincoln Railroad. 
 
 Votes and do- 
 
 Be it enacted, c&c. Sect. 1. The votes and doings of the ings of certain 
 city of Bath on the fourteenth day of July, one thousand eight *°7id'™ 
 hundred and seventy-one ; the votes and doings of the town of Bath. 
 Wiscasset on the twenty-eighth day of June, one thousand eight wiscasset. 
 hundred and seventy-one ; the votes and doings of the town of 
 Newcastle on the twenty-eighth day of June, one thousand jjewcastie 
 eight hundred and seventy-one ; the votes and doings of the 
 town of Damariscotta on the twenty-eighth day of June, one Damariacotta. 
 thousand eight hundred and seventy-one ; the votes and doings 
 of the town of Kohleborough on the twenty-eighth day of June, 
 
 " -i ° J ' NoWeborough. 
 
 one thousand eight hundred and seventy-one; the votes and 
 doings of the town of Waldoborough on the twenty-eighth day waidoborough. 
 of June, one thousand eight hundred and seventy-one; the votes 
 and doings of the town of Thomaston on the twenty-eighth day -^jjomaston 
 of June, one thousand eight hundred and seventy-one; and 
 the votes and doings of the city of Rockland on the fifth day 
 of July, one thousand eight hundred and seventy-one ; all to 
 aid in the construction and equipment of the Knox and Lin- 
 coln Railroad, are hereby ratified, confirmed and made valid ; 
 and to aid in the construction and equipment of said railroad, > 
 
 bonds payable to the bearer thereof, ifi thirty years from their Bonds may be 
 date, with coupons for interest at the rate of three per cent, '^o^nn^** 
 semi-annually, may be issued by said cities and towns in the 
 amounts hereafter named in pursuance of the votes and doings 
 aforesaid, to wit: Bath, two hundred and forty-three thousand Bath, 
 dollars; Wiscasset, forty-three thousand five hundred* dollars; "''^'scasset. 
 Newcastle, thirty thousand six hundred dollars; Damariscotta, ^^^ ^ '. 
 thirty thousand six hundred dollars ; Nobleborough, nine thous- Nobieborough. 
 and nine hundred dollars ; Waldoborough, thirty-five thousand waJdoborough. 
 nine hundred dollars ; Thomaston, fifty-one thousand two hun- °^^ ""' 
 
 ' ' ^ J Rockland. 
 
 dred dollars; and Rockland two hundred five thousand three 
 hundred dollars. 
 
270 
 
 ENTOX AND LINCOLN RAILROAD. 
 
 Bonds, &c. how 
 paid. 
 
 Towns, security 
 of. 
 
 Managers may 
 be chosen in 
 case railroad 
 fail to pay 
 bonds, &c. 
 
 Notice, how 
 given. 
 
 Board of mana- 
 gers, organiza- 
 tion of. 
 
 Powers and 
 duties of. 
 
 Sect. 2. All of said bonds shall bear the same date, and it 
 shall be the duty of said railroad compaDy to pay all the bonds 
 that may be thus issued for its benefit, with the coupons thereon 
 as the same shall fall due and become payable. 
 
 Sect. 3. Said railroad company shall execute and deliver to 
 the cites and towns issuing bonds as aforesaid a third mortgage 
 of all its property and rights of property in said road, present 
 and prospective, including its franchise, conditional to pay said 
 bonds and coupons as they shall become due and save said 
 cities and towns harmless therefrom, said mortgage to be sub- 
 ject to two prior mortgages of the same property to the same 
 cities and towns. 
 
 Sect. 4. In case said railroad company shall fail to pay said 
 coupons as they shall fall due and become payable, or said 
 bonds at the maturity thereof, and said failure in either case shall 
 continue for the space of sixty days after demand shall have 
 been made on the treasurer of said company therefor, it shall 
 be lawful for the municipal officers of any city or town whose 
 bonds or coupons shall have thus been dishonored, to call a 
 meeting of the municipal officers of the cities and towns named 
 in said third mortgage, by publishing a notice of the time, 
 place and object of said meeting three weeks successively in 
 some public newspaper printed in the county of Knox, Lincoln 
 or Sagadahoc, and if at such meeting which shall be organized 
 by the choice of a chairman and clerk, the latter to be duly 
 sworn, it shall be made to appear that such failure to pay as 
 aforesaid continues, the municipal officers thus assembled may 
 proceed to choose by ballot, a board of managers consisting 
 of not more than nine members, a majority of whom shall 
 constitute a quorum, who shall organize by the choice of a 
 secretary and president, and may choose any other ofiScers 
 which under the charter and by-laws of said company, may be 
 chosen* by a board of directors, and said board of managers 
 shall be authorized to take possession of said road and all its 
 property and rights of property therevpith connected, and 
 operate the same, and shall have all the powers and be subject 
 to all the duties and liabilities of a board of directors, and 
 shall hold their offices for one year from the time of their 
 
KJSrOX AOT) LINCOLN EAILROAD. 271 
 
 election and until others are chosen in their stead. Said man- 
 agers shall make a report of their doings and of the amount of Export of. 
 money they have received and paid out on account of said rail- 
 road to a meeting of the municipal officers of the cities and. towns 
 aforesaid, at least once in every year, which meeting shall 
 be called by the president and secretary of said board of man- 
 agers. When sufficient money has been received by said board jianagers to 
 
 over and above what is necessary to pay the expenses for surrender rigbts 
 11, 1 1 ' Pii of road to corn- 
 
 operating said road and all such sums and coupons as may tali pany under 
 
 dae and become payable on the bonds named in said prior y^^'" '"""''" 
 mortgages including necessary repairs and improvements, to 
 pay all coupons and bonds named in said third mortgage then 
 dae and unpaid, it shall surrender said road with all its prop- 
 erty and rights of property to said company. In the election of 
 said managers, the municipal officers aforesaid shall be entitled 
 to one vote for every hundred dollars in bonds issued by their 
 respective cities and towns, and the major part of the municipal 
 officers of each city or town shall control the vote thereof. 
 While in their possession said road shall be operated in the 
 name of tlie managers of the Knox and Lincoln Railroad Com- 
 pany. If the failure to pay said coupons or bonds named in 
 said third mortgage shall continue for the space of full twenty 
 years after possession shall have been taken under said third 
 mortgage as aforesaid, the same shall he thereby fully fore- Mortgage, when 
 closed, unless prior to that time a sufficient tender of payment 
 shall have been made by or on behalf of said company ; pro- 
 vided however', that all the duties, rights and privileges con- Proviso, 
 ferred by this act upon said cities and towns named in said 
 third mortgage shall be subject to the rights and claims of the 
 mortgagees in said prior mortgages. 
 
 Sect. 5. Said railroad company or said managers wheii said „ 
 
 . _ _ . j: ./ o Company, &c., 
 
 railroad is in their possession as aforesaid, may contract with may lease their 
 any other railroad company or other parties to operate said 
 road, or may lease the same for a term of years ; provided 
 however, any contract for operating said road or for the lease Proviso. 
 thereof by said managers, shall terminate when the possession 
 of said road shall be taken by the mortagees named in said 
 prior mortgages, or be restored to said company in manner as 
 before provided. 
 
272 
 
 KNOX AND LINCOLN RAILROAD. 
 
 Bonds, how 
 signed, &c. 
 
 Sect. 6. The bonds herein authorized to be used shall be 
 signed by the mayor and treasurer of cities, and one of the 
 selectmen and treasurer of the towns issuing them, and coun- 
 tersigned by the president of said railroad company, and shall 
 contain the endorsement "Issued for the benefit of the Knox 
 and Lincoln Railroad Company by the of ." 
 
 Sect. 7. This act shall take effect when approved. Aip- 
 proved January 10, 1872. 
 
 Knox and Lin- 
 coln and 
 Penobscot Bay 
 and Kiver Rail- 
 road authorized 
 to enter into 
 contract. 
 
 Knox and Lin- 
 coln K. E. may 
 lease P. B. & 
 
 Lease may be 
 made before 
 road is com- 
 pleted. 
 
 May issue bonds 
 
 Time of loca- 
 tion, &c., of 
 road to tide 
 waters, extend- 
 ed. 
 
 LAWS OF 1872, CHAP. 158. 
 
 An act additional to former acts in relation to the Knox and Lincoln and 
 the Penobscot Bay and Kiver Railroad Companies. 
 
 Be it enacted, <&c. Sect. 1. The Knox and Lincoln Eail- 
 road Company is hereby authorized and empowered to enter 
 into and execute a contract with the Penobscot Bay and Eiver 
 Railroad Company, for the construction and equipment, in 
 whole or in part, and for the maintenance, operation and man- 
 agement of the Penobscot Bay and River Railroad; and the 
 latter company is hereby authorized and empowered to enter 
 into and execute such contract, either before or after the com- 
 pletion of its road, on such terms and conditions and for such 
 time as may be agreed upon by the parties to such contract. 
 And tlie Knox and Lincoln Railroad Company is hereby author- 
 ized and empowered to take a lease of the Penobscot Bay and 
 River Railroad and its property, and the latter company is 
 herel^y authorized and empowered to execute such lease, either 
 before or after the completion of its road, on such terms and 
 conditions and for such time as may be agreed upon by the 
 parties to such lease; and the Knox and Lincoln Railroad 
 Company, in order to carry into effect any such contract or 
 lease, may issue its bonds or other securities or guaranty the 
 payment of the bonds or other securities of the Penobscot Bay 
 and River Railroad Company. 
 
 Sect. 2. The time for the location and construction of the 
 Knox and Lincoln Railroad from its depot grounds in Kockland 
 to tide waters in said Rockland, is hereby extended to Decem- 
 ber thirty-one, one thousand eight hundred and seventy-four. 
 
 Sect. 3. This act shall take effect when approved. A-Ji- 
 proved February 27, 1872. 
 
LEWISTOK AND AUBURX EAILEOAD. 273 
 
 THE LEWISTON AND AUBURN RAILROAD 
 COMPANY 
 
 Is leased to the Grand Trunk Eailway of Canada for the term of ninety- 
 nine years from the tenth day of March, A. D., 1874. 
 
 LAWS OF 1872, CHAP. 88. 
 An act to incorporate the Lewiston and Auburn Eailroad Company. 
 
 Be it enacted, c&c. Sect. 1. N. W. Farwell, J. G. Coburn, 
 Daniel Holland, J. B. Ham, Nelson Dingley, Jr., R. S. Bearce, 
 M. T. Liidden, William P. Frye, George H. Pillsbury, P. Mc- 
 Gillieuddy, John M. Frye, A. M. Jones, "W. H. Stevens, J. L. 
 H. Cobb, Alonzo Garcelon, John Y. Scruton, H. C. Little, 
 Joseph H. Day, C. I. Barker, E. S. Davis, J. W. Danielson, 
 James Wood, David Farrar, I. N. Parker, John Read, Thomas 
 Littlefield, E. F. Packard, J. H. Roak, Ara Cushman, A. M. 
 Pulsifer, S. Oakes, James Dingley, E. A. Little, S. P. Miller, 
 Jeremiah Dingley, N. Morrill, O. D. Bailey, John W. Per- 
 kins, James Monroe, Daniel Field, James Wagg, Moses Crafts, 
 Nelson Dingley, John Pickard and Jesse S. Lyford, their 
 assigns, associates and successors, are hereby made and con- 
 stituted a body politic and corporate by the name of the Lew- 
 iston and Anburn Railroad Company, and by that name may 
 sue and be sued, plead and be impleaded, and shall enjoy all 
 proper remedies at law and in equity to secure and protect ^^°'*'^° *' 
 them in the exercise and use of their rights and privileges and 
 in the performance of their duties; and said corporation is 
 hereby authorized and empowered to locate and construct and 
 finally complete, alter and keep in repair a railroad, with one f^^^^^^J" 
 set of rails or tracks, with all suitable bridges, tunnels, viaducts, strnot and keep 
 turnouts, culverts, drains, and all other necessary appendages, road, 
 from some point in the city of Lewiston to some point on the 
 Atlantic and Saint Lawrence Railroad, otherwise known as the po'"' *"*""« 
 
 ' or road. 
 
 Grand Trunk Railroad, within the limits of the city of Auburn ; 
 
 Corporate 
 name. 
 
274 
 
 LEWISTON AND AUBUEN RAILROAD. 
 
 Power^, privi- 
 leges, &c. 
 
 Capital atock. 
 Shares. 
 
 Directors. 
 
 Quorum. 
 President. 
 
 Clerk and treas- 
 urer. 
 
 First meeting. 
 
 Acceptance of 
 charter and 
 organization. 
 
 By-laws. 
 
 President and 
 directors, pow- 
 ers of. 
 
 Toll. 
 
 Annual meet- 
 -ing, when .held. 
 
 and said corporation shall be and hereby is invested with all the 
 powers, privileges and immunities which are or may be neces- 
 sary to carry into effect the pnrposes of this act. 
 
 Sect. 2. The capital stock of said company shall consist of 
 not less than one thousand and not more than three thousand 
 shares of one hundred dollars each, and the immediate direc- 
 tion of the affairs of said corporation shall be vested in five, 
 seven or nine directors, to be chosen as hereinafter provided, 
 who shall hold their office until others are chosen and qualified 
 in their places, a majority of whom shall constitute a quorum; 
 and they shall elect one of their number to be president of 
 their board, and he shall also be president of the corporation. 
 And they shall have authority to choose a clerk and treasurer. 
 A majority of the persons named in section one are hereby 
 authorized at a meeting holden for that purpose, called by any 
 three of the corporators by publishing a notice of the same at 
 lefist seven days before the meeting in the Lewiston Journal, 
 to accept this act and organize this corporation. 
 
 Sect. 3. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws. 
 
 Sect. 4. 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 for the pur- 
 pose of locating, constructing and completing said railroad, 
 and for the transportation of persons, goods and property of 
 all kinds and description, and all such power and authority as 
 may be necessary and proper to carry ipto effect the objects 
 of said corporation. 
 
 Sect. 5. A toll is hereby granted for the benefit of said cor- 
 poration, upon all passengers and property which may be con- 
 veyed or transported on and over its railroad, at such rate as 
 may be established by its directors, subject to such laws in 
 relation to railroad companies as are or may from time to time 
 be established by the legislature. 
 
 Sect. 6. The annua] meeting of the stockholders of said cor- 
 poration shall be holden on such day as the by-laws may deter- 
 mine, at which meeting the directors shall be chosen by ballot. 
 
 Sect. 7. The corporation is hereby authorized to run on the 
 
LEWISTON AND AUBURN RAILROAD. 275 
 
 same ffuage and make connections with the Grand Trunk <|uage and oon- 
 
 nection of road. 
 
 Railway on such terms as its members may deem proper, and 
 to lease its road and property, either before or after it shall 
 have been completed, on such terms as its members shall de- 
 termine with said road. 
 
 Sect. 8. Said corporation is authorized to issue its bonds to Bonds and 
 
 amount of. 
 
 an amount not exceeding one hundred and iifty thousand dol- 
 lars, and to secure the same by a mortgage of its road, fran- Mortgage of 
 chise and property, or in any other manner. 
 
 Sect. 9. K the said corporation shall not have .been organ- organization, 
 ized, and the location, according to actual survey of the route, 'o"**'*'"' ^ur- 
 
 ' . . . ''^y't route, &c., 
 
 filed with the county commissioners of Androscoggin county, when made, 
 on or before the thirty-first" day of December, in the year one 
 thousand eight hundred and seventy-two, or if said corpora- 
 tion shall not complete its railroad on or before the thirty-first 
 day of December, in the year of our Lord one thousand eight 
 hundred and seventy-four, this act shall be void. 
 
 Sect. 10. This act shall take effect when approved. Ap- 
 proved February 10, 1872. 
 
 LAWS OF 1875, CHAP. 159. 
 
 An act to amend "an act to incorporate the Lewiston and Auburn 
 Railroad Company." 
 
 Be it enacted, die. Sect. 1. Section two of chapter eighty- 
 eight of the private and special laws of eia-hteen hundred and 
 
 ^ i .1 1 , T . 1 p , ,. , Sec. 2 of chap. 
 
 seventy-two, is hereby amended in the fourth line by striking 88 of special 
 out the words "five, seven and or." Said section is further '^"^ °f \^'^ 
 
 ' amended. 
 
 amended by adding after the word "provided," in the fifth 
 
 line, the words "six of whom shall be residents of the city of Directors ofthe 
 
 Lewiston, and three shall be residents of the city of Auburn. ""'^^ o'Lewis- 
 
 ./ ! ton ana Au- 
 
 to be elected in the month of April annually ;" so that said bum. 
 section, as amended, shall read as follows : 
 
 "Sect. 2. The capital stock of said company shall consist of 
 
 . , , , , - f Capital stock 
 
 not less than one thousand nor more than three thousand not less than 
 shares, of one hundred dollars each,' and the immediate direc- ftanaoMTha'es 
 tion of the affairs of said corporation shall be vested in nine 
 directors, to be chosen as hereinafter provided, six of wliom 
 
276 LEWISTON AND AUBURN RAILROAD. 
 
 shall be residents of the city of Lewiston, and three shall be 
 residents of the city of Auburn, to be elected in the month of 
 April annually, who shall hold their ofSce until others are 
 chosen and qualified in their places, a majority of whom shall 
 constitute a quorum ; and they shall elect one of their numbei' 
 to be president of the corporation; and they shall have 
 authority to choose a clerk and treasurer. A majority of the 
 persons named in section one are hereby authorized, at a meet- 
 ing holden for that purpose, called by any three of .the corpo- 
 rators, by publishing a notice of the same, at least seven days 
 before the meeting, in the Lewiston Journal, to accept this act 
 and organize this corporation." 
 
 Sect. 2. This act shall take effect when approved. Af- 
 jproved February 22, 1875. 
 
 LEASE 
 
 Of the Lewiston and Auburn Railroad Company to th 
 Grand Trunk Railway of Canada. 
 
 This Inbentubb, made the 25th day of March, A. D. 1874, between the 
 Lewiston and Auburn Railroad Company, a corporation created by the 
 legislature of the State of Maine, on the one part, and the Grand Trunk 
 Railway Company of Canada, a corporation duly created by the Queen's 
 most excellent majesty, by and with the advice and consent of the legis- 
 lative council of Canada, on the other part, witnesseth : 
 
 That in consideration of the rents, covenants and agreements herein- 
 after reserved and contained, and on the part of the said Grand Trunt 
 'Railroad Company of Canada, to be paid, done and performed, the said 
 Lewiston and Auburn Railroad Company doth hereby lease, demise and 
 let unto the said Grand Trunk' Railroad Company of Canada, the railroad 
 of the said Lewiston and Auburn Railroad Company, as now chartered, 
 located and constructed, extending from the city of Lewiston to its point 
 flf jujaction with the Atlantic and St. Lawrence Railroad in the city oi 
 Auburn, with all its station grounds and buildings, bridges, piers, sidings 
 and turnouts, and all its rights of way, and other easements and rights, 
 and all the property and estate of every kind belonging to said Leviston 
 »nd Aubjirn Railroad Company, appurtenanced to and designed for th* 
 
LEWISTON AND AUBURN EAILROAD. 277 
 
 purpose of maintaining and operating said railroad, and all its right to 
 demand, collect and receive tolls, rates, fares, rents and income, with full 
 power and authority to finish and complete the said railroad, as hereto- 
 fore agreed between the respective parties hereto. 
 
 To have and to hold the same to the said Grand Trunk Eailroad Com- 
 pany of Canada for and during the full term of ninety-nine years, from 
 the tenth day of March, A. D. 1874, subject to the provisions o'f any mort- 
 gages of said leased property, heretofore executed by said lessor : reserv- 
 ing hereupon from and after the tenth day of June next, a yearly rent, 
 payable by the said Grand Trunk Eailroad Company to the said Lewiston 
 and Auburn EaUroad Company of the sum of fifteen thousand dollars, 
 American currency, for the first year of said lease from said tenth day of 
 June, and of eighteen thousand dollars, American currency, for each and 
 every subsequent year during the period of said lease. 
 
 And the said Grand Trunk Eailroad of Canada does hereby covenant to 
 pay the said rent in semi-annual payments, one-half part thereof on the 
 tenth of June, and one-half part thereof on the tenth of December, in 
 each and every year during the continuance of their lease, less any sums 
 paid by said lessors for and on account of interest upon any bonds 
 issued by the said lessors and secured by mortgage upon said leased road 
 and property. And the said Grand Trunk Eailroad Company of Canada 
 does further covenant that from and after the completion of said railroad 
 it will maintain and operate, use and employ the said leased railroad, in 
 furtherance of the objects contemplated by the charter of the said Lew- 
 iston and Auburn Eailroad Company, and in such manner as to promote 
 the public convenience and advantage, under the laws of the State, dur- 
 ing the term of this lease ; and that produce and other freight from the 
 West shall be delivered in Lewiston or Auburn at as low rates as are 
 charged to Portland or Danville Junction, and the passenger tariff to and 
 from Portland shall not exceed one dollar and ten cents per passenger, 
 and the rates of freight between Lewiston or Auburn, and Portland or 
 Boston, shall never exceed a limit considerably lower than those charged 
 on April 9th, 1872, between those points ; and that it will at all times dur- 
 ing the period of this lease, keep the said railroad and other property 
 hereby demised in good repair and condition, for the safe, convenient and 
 regular transaction of business, and that it will not underlet the prem- 
 ises, nor assign this lease, or any part of their term therein, without the 
 consent of said lessors, and wiU quit and deliver up the premises to the 
 lessors at the end of the term aforesaid. 
 
 If the said lessee shall at any time fail to pay the rent herein reserved, 
 as the same shall become payable, or shall violate any of the covenants in 
 this lease by said lessee to be performed, the said lessor may enter upon 
 and take possession of the said leased railroad, and other property for 
 breach of covenant ; and if the said lessee shall not within twelve months 
 after such entry, repair and make good such breach of covenant, then 
 this lease shall become void. 
 
 The said Lewiston and Auburn Railroad Company firrther covenants 
 that it will, during the term hereby demised, maintain the lawful organi- 
 zation of said company, and do aU the things on its part required to up- 
 hold the charter and franchise thereof. 
 
278 LEWISTON AND AUBURN RAILROAD. 
 
 And the said lessee is hereby further authorized to make or construct 
 any new buildings or tracks necessary and beneficial to be used for the 
 working of said railroad. And it is further covenanted by and between 
 the parties aforesaid, that if at any time during the period of their lease 
 the Grand Trunk Railroad Company of Canada shall change the gauge of 
 their road, known as the Grand Trunk Railroad, the said Grand Trunk 
 Railroad shall have the right and authority, at their own expense, to 
 change the guage of the Lewiston and Auburn Railroad Company in con- 
 formity thereto. 
 
 All taxes which may lawfully be assessed upon the corporate property 
 or franchise of the lessors during the period of their lease, may be paid 
 by the lessee ; and if so paid, shall be deducted from the rent herein cov- 
 enanted, to be paid by said lessee. 
 
 In testimony whereof the said Lewiston and Auburn Railroad Company, 
 acting herein by Nathaniel W. Farwell,the president thereof, duly author- 
 ized for this purpose, and the said Grand Trunk Railroad Company of Can- 
 ada, acting herein by Chas. J. Bridges, managing director thereof, duly 
 authorized for this pui-pose, have severally subscribed these presents, and 
 affixed thereto their several corporate seals, the day and year above 
 written. 
 
 Lewiston and Auburn Railroad Company, by 
 
 [L. S.] NATHANIEL W. FARWELL, President. 
 
 The Grand Trunk Railroad Company of Canada, by 
 
 [L. S.] C. J. BRIDGES, Managing Director. 
 
 Signed, sealed and delivered in presence of the undersigned, 
 
 ' R. WRIGHT, of Montreal, 
 
 J. RAND, of Portland. 
 
MAINE CENTfiAL EAILKOAD. 279 
 
 MAINE CENTRAL RAILROAD COMPANY. 
 
 [The following "history" of the Maine Central Railroad has been kindly 
 furnished by Hon. Josiah H. Drummond, of Portland.] 
 
 The system of railroads operated by the Maine Central Eailroad Com- 
 pany includes those originally chartered under the following names : 
 The ANDBOSCoaGiN & Kejstnebbc, 
 The Penobscot & Kennebec, 
 The Kennebec & Pobtlasd, 
 The Somebset & Kennebec, 
 The Andboscogsin. 
 
 The road from Brunswick to Lewiston and Leed's Junction is leased to 
 the Maine Central, as are also the Belfast and Moosehead Lake and the 
 Dexter and Ifewport roads. 
 
 The whole length of railroad owned or controlled by this company in 
 this State is three hundred and fifty-five miles. 
 
 The Androscoggin and Kennebec Eailroad Company was chartered 
 March 28th, 1845. It was organized March 5, 1847, and before the first 
 day of January, 1850, it had constructed a railroad from Waterville to 
 Danville, where it connected with the Atlantic and St. Lawrence Eail- 
 road, now the Grand Trunk Railway of Canada. 
 
 The Penobscot and Kennebec Eailroad Company was chartered April 5, 
 1845, and constructed a railroad from Bangor to Waterville, there con- 
 necting with the Androscoggin and Kennebec Eailroad. 
 
 A law was passed [Special Laws of 1856, chap. 651] authorizing the 
 Androscoggin and Kennebec, and the Penobscot and Kennebec, to con- 
 solidate into one company under a new name. The ninth section of this 
 act was not acceptable to these companies, and they did not then consol- 
 idate under it. 
 
 But in 1862, the ninth section was repealed and the two companies con- 
 solidated on the ninth day of September, 1862, and the new corporation 
 was organized on the twenty-eighth day of October, 1862, under the name 
 of the Maine Central Railroad Company. , 
 
 The Kennebec and Portland Eailroad Company was chartered April 1, 
 1836, and constructed at first a railroad from Augusta to Yarmouth, con- 
 necting with the Atlantic and St. Lawrence Eailroad, and also a branch 
 from Brunswick to Bath. It afterwards extended its railroad from Tar- 
 mouth to Portland, 
 
280 MAINE CENTKAL RAILROAD. 
 
 Under chap. 220 of the General Laws of Maine of 1852, authorizing 
 railroad companies to issue bonds and secure them by a mortgage of their 
 railroad, the Kennebec and Portland Railroad Company, on the fifteenth 
 day of October, A. D. 1852, mortgaged their railroad to secure an issue of 
 $250,000 in bonds. 
 
 In 1857, chap. 57 of General Laws, a law was enacted providing for the 
 manner of foreclosing railroad mortgages, and the formation of a new 
 corporation by the mortgagees, upon the perfection of the foreclosure. 
 
 In 1859, there being a breach of the condition of the above named mort- 
 gage, proceedings were commenced to foreclose it, and the title became 
 absolute in the mortgagees on the eighteenth day of May, A. D. 1862. 
 
 A new corporation was thereupon organized by the mortgagees under 
 the name of the Portland and Kennebec Railroad Company. 
 
 The old company commenced a suit in equity to test the legality of the 
 foreclosure, and the court sustained the foreclosure in every respect. See 
 59 Maine Reports, page 9. 
 
 The Portland and Kennebec Railroad Company was organized the twen- 
 tieth day of May, 1862. This new company was, on the twenty-seventh 
 day of January, 1864, [Special Laws, chap. 295] authorized to change its 
 location near Portland, for the better accommodation of its business, and 
 it did so. 
 
 This matter having been passed upon by our court of last resort, it is 
 hot deemed necessary to furnish copies of the proceedings in making the 
 foreclosure. 
 
 The.Somerset and Kennebec Railroad Company was chartered the tenth 
 day of August, A. D. 1848, and constructed a railroad from Skowhegan to 
 Augusta, there connecting with the Kennebec and Portland Railroad. It 
 crossed the Maine Central Railroad at Fairfield at first, but aftei-wards 
 connected with the Maine Central at Waterville, as well as crossed it. 
 
 On the first day of January, 1864, the Somerset and Kennebec Railroad 
 was leased to the Portland and Kennebec Railroad Company under the 
 tenth section of the laws of 1856, chap. 651. 
 
 On the first day of June, 1870, this lease was extended for the term of 
 nine hundred and ninety-nine years. 
 
 On the twelfth day of May, 1870, the Portland and Kennebec Kailroad 
 Company leased their railroad and assigned their lease of the Somerset 
 and Kennebec Railroad, to the Maine Central Railroad Company for the 
 term of nine hundred and ninety-nine years under the provisions of said 
 section ten. 
 
 The Androscoggin Railroad was constructed from Fannington to 
 Leed's Junction, where it connected with the Maine Central EaUroad. 
 Under the General Law of January, 1852, chap. 220, it issued its bonds 
 and secured them by a mortgage of its railroad from Farmington to 
 Leed's Junction. 
 
 After the making of this mortgage the company was authorized to 
 extend its railroad across the Maine Central to Brunswick, and connect 
 there with the Portland and Kennebec Railroad. It was provided that 
 the new portion of the railroad should not be subject to the mortgage of 
 the old portion. 
 
MAINE CENTRAL RAILROAD. 281 
 
 The railroad was subsequently extended to Brunswick. In consequence 
 of a breach of the mortgage above referred to it was foreclosed, and the 
 old portion of the railroad, (or that between Farmington and Leed's 
 Junction) became the absolute property of the mortgagees on the eleventh 
 day of May, 1865. They formed a new corporation under the name of 
 "The Leeds and Farmington Railroad Company, which at once took pos- 
 session of their railroad from Farmington to Leed's Junction, and their 
 title has never been questioned. So that now the Androscoggin Railroad 
 extends from Leed's Junction (with a branch to Lewiston) to Brunswick, 
 and that portion formerly known by that name between Leed's Junction 
 and Farmington is now known by the name of the Leed's and Farming" 
 ton Railroad. 
 
 On the first day of June, 1867, the^ Leeds and Farmington Railroad 
 Company leased their railroad to the Androscoggin Railroad Company 
 for a term of years. 
 
 On the twenty-ninth day of June, 1871, the Androscoggin Railroad 
 Company leased its railroad to the Maine Central Railroad Company for 
 the term of nine hundred and ninety-nine years, and in the same contract 
 assigned to said Maine Central Railroad Company its lease of the Leeds 
 and Farmington Railroad. 
 
 On the same day the Leeds and Farmington Railroad Company con- 
 firmed the assignment of their, lease, and extended it to the Maine Cen- 
 tral Railroad Company for the term of nine hundred and 'ninety-*iine 
 years. 
 
 Thus on the first day of April, A. D. 1872, the Maine Central Railroad 
 Company was possessed of leases of 
 
 The Poetlajstb & Kennebec Railboad, 
 The Someesbt & Kbnjtebbc Raileoad, 
 The Andeoscoggin Railboab, 
 The Leeds & Faemijsgton Raileoad, 
 for a term of nine hundred and ninety-nine years. By an act of February 
 7, 1872, these corporations were authorized to unite with the Maine Cen- 
 tral Railroad Company in a mortgage to secure bonds to be issued by the 
 Maine Central Railroad Company. This mortgage was executed by the 
 several corporations named on the first day of April, 1872, and the bonds 
 of the Maine Central Railroad Company secured by it are issued. 
 
 LAWS OF 1845, CHAP. 270. 
 An act to establish the Androscoggin and Kennebec Railroad. 
 
 Be it enacted, <&c. Sect. 1. That William E. Frye, 
 Edward Little, James Lowell, Thomas B. Little, JSTathan Eey- corporators, 
 nolds, N. B. Eeynolds, John M. Frye, Calvin Gorham, John 
 18 
 
282 
 
 MAINE CENTRAL RAILED AD. 
 
 Corporate 
 name. 
 
 Powers, privi- 
 leges, &c. 
 
 Empowered to 
 locate, con- 
 struct and 
 equip railroad, 
 &e. 
 51 Me., 319. 
 
 Line of road. 
 
 Proviso. 
 
 May purchase 
 and hold real 
 estate. 
 
 May take earth, 
 stone, timber, 
 &c., from land 
 taken. 
 
 B. Brown, St. John Smith, John Dow, Charles E. Barrett, 
 and James Hall, their associates, successors and assigns, are 
 hereby made and constituted a body politic and corporate, by 
 the name of the Androscoggin and Kennebec Eailroad Com- 
 pany; and by that name may sue and be sued, plead and be 
 impleaded, and shall have and enjoy all proper remedies at 
 law and in equity to secure and protect them in the exercise 
 and use of the rights and privileges and in the performance 
 of the duties hereinafter granted and enjoined, and to prevent 
 all invasion thereof, or interruption in exercising and perform- 
 ing the same. 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 sets of rails or 
 tracks, with all suitable bridges, tunnels, viaducts, turnouts, 
 culverts, drains, and all other necessary appendages, from some 
 point of intersection of the Atlantic and St. Lawrence Kail- 
 road, easterly, through the town of Lewiston to or near the 
 Keiftiebec river, at some point between the north line of the 
 town of Waterville and the south line of Hallowell, on such 
 route as the directors of said corporation, in the exercise of 
 their best judgment and discretion, shall judge most favorable 
 and best calculated to promote the public convenience and 
 carry into effect the intentions and purposes of this act; pro- 
 vided, said corporators shall within one year from the approval 
 of this act, file with the register of deeds for the county of 
 Kennebec, a specification of the towns through which said 
 road is to run, and also the point of its eastern terminus. 
 And said corporation shall be, and hereby are, invested 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 herein set forth. And for this purpose said corporation 
 shall have the right to purchase, or to take and hold so mucll 
 of the land and other real estate of private persons and cor- 
 porations as may be necessary for the location, construction, 
 and convenient operation of said 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 
 
MAINE CENTRAL RAILEOAD. . 283 
 
 BO taken ; provided however, that said land so taken shall not Land taken not 
 
 ,., , .,,. to exceed six 
 
 exceed six rods in Width, except when greater width is neces- rods in width, 
 sary for the purpose of excavation or embankment; and pro- 
 vided, also, that in all cases said corporation shall pay for 
 such lands, estate or materials so taken and used, such price Damages for 
 as they and the owner or respective owners thereof may mutu- land, &o., 
 
 •' '- _ _ "^ . taken, how 
 
 ally agree on; and in case said parties shall not otherwise ascertained and 
 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 provided in the case of dam- 
 ages by the laying out of highways. And the land so taken 
 by said corporation shall be held as lands taken and appropri- j^^^ ^^j^j ™' 
 ated for public highways'. And no application to said commis- 
 sioners to estimate said damages shall be sustained unless made 
 within three years from the time of taking such land or other 
 property; and in case such railroad shall pass through any 
 woodlands or forests, the said company shall have the right to 
 fell or remove any trees standing therein, within four rods 
 
 ./ o Corporation, 
 
 from such road, which by their liability to be blown down, or right to remove 
 
 from their natural falling might obstruct or impair said rail- ^^^^43''^ 
 
 road, by paying a just compensation therefor, to be recovered ™ad. 
 
 in the same manner as is provided for the recovery of other 
 
 damages in this act. And furthermore said corporation shall 
 
 have all the powers, privileges and immunities, and be subject 
 
 to all the duties and liabilities provided and prescribed respect- privileges. 
 
 ing railroads, in chapter eighty-one of the revised statutes, not 
 
 inconsistent with the express provisions of this charter. 
 
 Sect. 2. When said corporation shall take any land or other 
 estate as aforesaid, of any infant, person non combos mentis, ^^ t tak 
 or feme covert, whose husband is under guardianship, the from persons 
 guardian of such infant or person non compos Tnentis, and dianship!^' 
 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 aforementioned, and give good 
 and valid releases and discharges therefor. 
 
284 
 
 MAINE CENTRAL RAILROAD. 
 
 Capital stock 
 and shares. 
 
 Government 
 and direction 
 of affairs vested 
 in directors. 
 
 Directors, liow 
 chosen and 
 term of office. 
 
 Quorum. 
 
 President. 
 
 Clerk, treasurer 
 and bond of. 
 
 Books of sub- 
 scription. 
 
 Meeting for 
 preliminary 
 organization, 
 how called. 
 
 By-laws. 
 
 Sect. 3. The capital stock of said corporation shall consist 
 of not less than four thousand nor more than ten thousand 
 shares; and the immediate government- and direction of the 
 affairs of said corporation shall be vested in seven, 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 qual- 
 ified to take their places, a majority of whom shall form a 
 quorum for the transaction of business, and they shall elect 
 one of their number to be president of the board, wlio shall 
 also be the president of the corporation ; and shall have au- 
 thority to choose a clerk, who shall be sworn to the faithful 
 discharge of his duty; and a treasurer, who shall be sworn 
 and also 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. 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 as they may 
 determine, in the town of Augusta, and the cities of Bangor 
 and Portland, in this State, and the cities of Salem and Boston, 
 in Massachusetts, and elsewhere as they shall appoint, to 
 remain open for ten successive days, of which time and place 
 of subscription public notice shall be given in some newspaper 
 printed in Portland, Augusta and Boston, twenty days at least 
 previous to the opening of said subscription ; and in case the 
 amount subscribed shall exceed ten thousand-shares, the same 
 shall be distributed 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 five of the persons named in the first sec- 
 tion of this act are hereby authorized to call the first meeting 
 of said corporation, by giving' notice in one or more newspa- 
 pers published in the town and cities last above named, of the 
 time and place, and the purposes of such meeting, at least 
 twenty days before the time mentioned in such notice. 
 
 Sec. 4. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations, consistent 
 
MAINE CENTRAL RAILROAD. 285 
 
 with the constitution and the laws of this State, for their own 
 covernment, and for tiie due and orderly conducting of fheir 
 affairs, and the management of their property. 
 
 Sect. 5. The president and directors for the time being, are 
 
 ^ , Powers and 
 
 hereby authorized and empowered, by themselves or their duties of 
 agents, to exercise all the powers herein granted to the cor- ° ™™' 
 poration, for the purpose of locating, constructing and com- 
 pleting said railroad, and for the transportation of persons, 
 goods and property of all descriptions; and all such power 
 and authority for the management of the affairs of the corpo- 
 ration as may bo 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 far the use of said road, and for the transpor- 
 tation of persons, goods and property of all descriptions ; to 
 make such equal assessments from time to time on all the •*^^^''™^''''- 
 shares io said corporation as they may deem expedient and 
 necessary in the execution and the 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 ; _non payment 
 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 
 by-laws of said corporation, the directors may order the treas- 
 urer to sell such share or shares at public auction, after giving saie of shares, 
 such notice as may be prescribed as aforesaid, to the highest 
 bidder, and the same shall be transferred to the purchaser; 
 and such delin|g[uent stockholder or 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 
 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 ; jprovided how- 
 ever, that no assessments shall be laid upon any shares in said 
 corporation of a greater amount in the whole than one hun- 
 dred dollars. 
 
 Sect. 6. A toll is hereby granted and established for the 
 sole benefit of said corporation, upon all passengers and prop- ''°"*- 
 
286 
 
 MAINE CENTRAL RAILROAD. 
 
 Transportation, 
 
 construction, 
 
 &c. 
 
 Connections 
 witli other rail- 
 roads. 
 52 Me. 434. 
 
 To transport 
 property of 
 other railroads 
 &c., for reason- 
 able tolls. 
 
 Private ways, 
 crossing of. 
 
 Canals, turn- 
 pllfes, &c., 
 crossing of. 
 
 erty of all descriptions, which may be conveyed or transported 
 by them upon said road, at such rate 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 
 construction of wheels, the forms of cars and carriages, the 
 weights of loads, and all other matters and things in relation 
 to said road, shall be in conformity with such rules, regula- 
 tions, and provisions, as the directors shall from time to time 
 prescribe and direct. 
 
 Sect. 7. The legislature may authorize any other company 
 or companies to connect any other railroad or railroads com- 
 ing from a nortlierly or easterly direction, with the railroad of 
 said corporation. And said corporation shall receive and 
 transport all persons, 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 auth- 
 orized to be connected therewith, at the same rates of freight 
 and toll, as may be prescribed by said corporation, so that the 
 rates of freight and toll on such passengers and goods and 
 other property as may be received from such other railroads, 
 so connected with said railroad, as aforesaid, shall not exceed 
 the general rates of freight and toll ou said railroad received 
 for freight and passengers at any of the deposits of said cor- 
 poration. 
 
 Sect. 8. 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 J;he course there- 
 of, 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 poster to raise or lower 
 such turnpike, highway, or private way, so that the said rail- 
 road, if necessary, may conveniently pass under or over the 
 same, and erect Buch gate or gates thereon, as may be nec- 
 essary for the safety of travellers on said turnpike, railroad, 
 highway, or private way. 
 
 Sect. 9. Said railroad corporatioa shall constantly main- 
 
MAINE CENTEAL RAILROAD. 287 
 
 tain, in good repair, all bridges with their abutments and em- Bridges, &c., 
 
 1.11 r- ^ o repair of. 
 
 bankments, which they may construct tor the piirpose oi con- 
 ducting their railroad over any canal, turnpike, highway, 
 private way, or for constructing such private way or turnpike 
 over said railroad. 
 
 Sect. 10. If said road shall, in the course thereof, cross any Navigable 
 lakes, ponds, navigable rivers, or streams, the said corporation croBsin'g of.' 
 are hereby authorized and empowered to erect for the sole and 
 exclusive travel on their said railroad, a bridge across each of 
 said rivers, lakes, ponds, or streams ; provided, said bridge or 
 bridges shall be so constructed as not unnecessarily to obstruct 
 and impede the navigation of said waters. 
 
 Sect. 11. Said 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, or lands that may hereafter be 
 improved; and for neglect to erect and maintain such fence, 
 said corporation shall be liable to be indicted in the district 
 court for the county where such fence shall be insufficient, and 
 to be fined in such sum as shall be adjudged necessary to repair lect, &c. 
 the same, and such fine shall be expended for the erection or 
 repair of said fence under the direction of an agent appointed appropriated 
 by said court, as in case of fines imposed upon towns for defi- 
 ciency of highways. 
 
 Sect. 12. The said corporation shall, at all times when the 
 
 1 1 11 .. 1 1 1 1 Mail, transpor- 
 
 postmaster general shall require it, be holden to transport the tation of, &c. 
 mail of the United States from and to such place or places on 
 said road as required, for a fair and reasonable compensation, compensation. 
 And in case the corporation and the postmaster general shall be 
 unable to agree upon the compensation aforesaid, the legisla- 
 ture of the State shall determine the same. And said corpora- 
 tion after they shall commence the receiving of tolls, shall be Road to be kept 
 bound at all times to have said railroad in good repair, and a '" ''^'"'"'■' *''■ 
 sufiicient number of suitable engines, carriages, and vehicles obliged to 
 for the transportation of persons and articles, and be obliged transport paa- 
 
 . .,11 . 11 1 1 sengers, &c., on 
 
 to receive at all proper times and places, and convey the same payment of ton. 
 
 when the appropriate tolls therefor shall be paid and tendered ; 
 
 and a lien is hereby created on all articles transported for said ment of tou. 
 
288 
 
 MAINE CENTEAL RAILROAD. 
 
 Care, &c., of 
 other roads pro- 
 hibited from 
 passing over 
 said road. 
 
 Malicious mis- 
 chief, penalty 
 and liability 
 for. 
 
 Books and 
 accoants, how 
 kept, &c. 
 
 tolls. And the said corporation fulfilling on its part all and 
 singular the several obligations and duties by this section im- 
 posed and enjoined upon it, shall not be held or bound to allow 
 any engine, locomotive, cars, carriages, or other vehicle for the 
 transportation of persons or merchandise, to pass over said rail- 
 road other than its own, furnished and provided for that pur- 
 pose, as herein enjoined and required ; provided, however, 
 that said corporation shall be under obligations to transport 
 over said road, in connection with their own trains, the pas- 
 sengers and other cars of any other incorporated company that 
 may hereafter construct a railroad connecting with that hereby 
 authorized, such other comprny being subject to all the pro- 
 visions of the sixth and seventh sections of this act as to rates 
 of toll, and all other particulars enumerated in said sections. 
 
 Sect. 13. If any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of any car- 
 riage on said railroad, or in any way spoil, injure, or destroy 
 said railroad, or &x\j part thereof, or any thing belonging there- 
 to, or any material or implements to be employed in the con- 
 struction 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 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 corporation. And such offender 
 or ofifenders shall be liable to indictment, by the grand juiy of 
 the county within whicli trespass shall have been committed, 
 for any ptfence 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 five hundred dollars, 
 to the use of the State, or may bo imprisoned for a term, not 
 exceeding five years, at the discretion of the court before whom 
 such conviction may be had. 
 
 Sect. 14. Said corporation shall keep in a book for that pur- 
 pose, a regular account of all their disbursements, expenditures, 
 and receipts, and the books of said corporation shall at all tiines 
 
MAINE CENTRAL RAILROAD. 289 
 
 be open to the inspection of the governor and council, and of 
 any committee duly authorized hj the legislature ; and at the 
 expiration of every year, the treasurer of said corporation shall g^j^^^it to the 
 make an exhibit, under oath, to the legislature, of the net legislature, 
 profits derived from the income of said railroad. 
 
 Sect. 15. All real estate purchased by said corporation for 
 the use of the same, under the fifth section of this act, shall be 
 taxable to said corporation by the several towns, cities, and 
 plantations in which said lands lie, in the same manner as lands 
 owned by private persons, and shall, in the valuation list, be 
 estimated the same as other real estate, of the same quality, in 
 such town, city, or plantation, and not otherwise; and the 
 shares owned by the respective stockholders shall be deemed Taxation. 
 personal estate, and be taxable as such to the owners thereof, 
 in the places where they reside and have their homes. And 
 whenever the net income of said corporation shall have 
 amoimted to ten per centum per annum upon the cost of the 
 road and its appendages and incidental expenses, the directors 
 shall make a special report of the fact to the legislature ; from 
 and after which time one moiety or such other portion as the 
 legislature may from time to time determine, of the net income 
 of said railroad accruing thereafter, over and above ten per 
 centum per annum, first to be paid to the stockholders, shall 
 annually be paid over by the treasurer of said corporation as a 
 tax, into the treasury of the State, for the use of the State. 
 And the State may have and maintain an action against said 
 corporation therefor to recover the same. But no other tax ^^ ^^^^^ ^^ 
 than herein is provided, shall ever be levied or assessed on said to be levied, 
 corporation, or any of their privileges or franchises. 
 
 Sect. 16. The annual meeting of the members of said cor- . 
 
 " Annual meet- 
 
 poration shall be holden on the first Monday in August, or ing. 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall appoint, 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor, by himself or proxy, being entitled to as many 
 votes as he holds shares ; and the directors are hereby author- 
 ized to call special meetings of the stockholders whenever they 
 shall deem it expedient and proper, giving such notice as the 
 corporation by their by-lavvs shall direct. 
 
290 
 
 MAINE CENTRAL RAILROAD. 
 
 Jurisdiction of 
 legislature. 
 
 Organization, 
 location, &c., 
 limitation of. 
 
 Completion, 
 limitation of. 
 
 Sect. 17. The legislature shall at all times have the right to 
 inquire into the doings of the corporation, and into the man- 
 ner in which the privileges and franchises, herein and hereby 
 granted, may have been used and employed by said corpora- 
 tion, and to correct and prevent all abuses of the same, and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion, which may be necessary more effectually to compel a com- 
 pliance with the provisions, liabilities, and duties hereinbefore 
 set forth and enjoined, but not to impose any other or further 
 duties, liabilities, or obligations ; and this charter shall not be 
 revoked, annulled, altered, limited, or restrained, without the 
 consent of the corporation, except by due process of law. 
 
 Sect. 18. If the said corporation shall not have been organ- 
 ized, 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 hun- 
 dred and fifty, 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 sixty, in 
 either of the above mentioned cases, this act shall be null and 
 void. Approved March 28, 1845. 
 
 LAWS OF 1848, CHAP. 106. 
 
 Capital stock 
 
 increajed, 
 
 «400,000. 
 
 An act to authorize the Androscoggin and Kennebec Railroad Company 
 to increase its capital stock. 
 
 Be it enacted, &c. Sect. 1. That the Androscoggin and 
 Kennebec Railroad Company is hereby authorized to increase 
 its capital stock, by adding thereto the sum of four hundred 
 thousand dollars, to be divided into shares of one hundred 
 dollars each. 
 
 Sect. 2. This act shall take eflfect and be in force, from and 
 after its approval by the governor. Approved June 21, 
 
 184:8. 
 
MAINE CENTRAL RAILROAD. 291 
 
 LAWS OF 1845, CHAP. 285. 
 An act to establish the Penobscot and Kennebec Railroad Company. 
 
 Be it enacted, <&c. Sect. 1. That James Crosby, George 
 "W.Pickering, Samnel Veazie, Amos M. Roberts, Franklin Ad- 
 ams, Rufus Dwinel, Samuel P. Strickland, Hastings Strick- 
 
 ^ ^ CorporatorB. 
 
 land, Leonard Jones, Joseph Kelsey, William R. Miller, John / 
 H. Pillsbury, Gorham L. Boynton, Daniel W. Bradley, Daniel 
 B. Hinkley, and Dudley F. Leavitt, their associates, successors, 
 and assigns, are hereby made and constituted a body politic 
 and corporate, by the name of the Penobscot and Kennebec 
 Railroad Company, and by that name may s\ie and be sued. Corporate 
 plead and be impleaded, and shall have and enjoy all proper 
 remedies at law and in equity to secure and protect them in 
 the exercii5e and use of the rights and privileges, and in the 
 performance of the duties hereinafter granted and enjoined, *^ *^®-' '^■ 
 and to prevent all invasion thereof or interruption in exer- 
 cising and performing the same. And the said corporation are 
 hereby authorized and empowered to locate, construct, and \. ^^ 
 finally complete, alter and keep in repair a railroad, with one i874. 
 or more sets of rails or tracks, with all suitable bridges, tun- 
 nels, viaducts, turnouts, culverts, drains, and all other neces- 
 sary appendages, from some point between the south line of 
 Gardiner and the north line of Waterville, and from that point 
 to the city of Bangor. Said railroad to be located and con- 
 ■structed, in the general direction of Bangor, on such route as 
 the directors of said corporation, in the exercise of their best 
 judgment and discretion, shall judge most favorable and best 
 calculated to promote the public convenience, and carry into 
 effect the intentions and purposes of this act. And said cor- 
 poration sliall be, and hereby are invested witli all the powers, 
 privileges, and immunities, which are or may be necessary to 
 eairy into effect the purposes and objects of this act as herein 
 set forth. And for this purpose said corporation shall have 
 the right to purchase, or to take and hold so much of the land 
 and other real estate of private persons and corporations, as 
 miay be necessary for the location, construction, and convenient 
 operation of said railroad ; and they shall also have the right 
 
 Chap. 669. 
 
 Power. 
 
292 
 
 MAINE CENTEAL RAILROAD. 
 
 Proviso. 
 
 Land damages, 
 how and by 
 whom deter- 
 mined. 
 
 Aathorlzed to 
 fell or remove 
 trees, »&c. 
 
 Powers, 
 privileges, &c. 
 
 Subject to pro- 
 visions of ch. 
 81, E. S. 
 
 Damages for 
 lands. &c., 
 taken from per- 
 sons under 
 guardianship, 
 how a^usted. 
 
 to take, remove, and use for the construction and repair of 
 said railroad and appni-tenances, any earth, gravel, stone, tim- 
 ber, or other materials, on or from the lands so taken ; pro- 
 vided, hovjever, that said land so taken, shall not exceed Bix 
 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, materials so taken and used, such price as they and the 
 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 whei-e such land or other prop- 
 erty may be situated, 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. And 'the land so 
 taken by said corporation shall be held as lands taken and 
 appropriated 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 ; and in case such railroad shall pass 
 through any wood lands or forests, the said company shall 
 have a right to fell or remove any trees standing therein, within 
 four rods from such road, which by their liability to be blown 
 down, or from their natural falling might obstruct or impair 
 said railroad, by paying a just compensation therefor, to be 
 recorded in the same manner as is provided for the recovery 
 of other damages in this act. And furthermore, said corpora- 
 tion shall have all the powers, privileges, and immunities, and 
 be subject to all the duties and liabilities, provided and pre- 
 scribed respecting railroads, in chapter eighty-one of the Re- 
 vised Statutes, not inconsistent with the express provisions of 
 this charter. 
 
 Sect. 2. When said corporation shall take any land, or 
 other estate as aforesaid, of any infant, person non compot 
 mentis, or feme covert, whose husband is under guardianship, 
 the guardian of such infant, or person non comjpos mentu, 
 and such feme covert, with the guardian of her husband, shall 
 have full power and authority to agree and settle with said 
 
MAINE CENTRAL RAILROAD. 293 
 
 corporation for damages or claims for damages, by reason of 
 talking such land and estate aforesaid, and give good and valid 
 releases and discharges therefor. 
 
 Sect. 3. The capital stock of said corporation shall consist 
 
 '- '^ Capital stock 
 
 of not less than four thousand, nor more than ten thousand andsiares. 
 shares; and the immediate government and direction of the 
 affairs of said corporation shall be vested in seven, nine, or 
 thirteen directors, who shall be chosen by the members of said 
 
 ' •' _ Directors, how 
 
 corporation, in the manner hereinafter provided, and shall hold chosen, 
 their offices until others shall have been duly elected and quali- 
 fied to take their places, a majority of whom shall form a 
 quorum for the transaction of business; and they shall elect Q„m.„„j 
 one of their number to be president of the board, who shall 
 also be the president of the corporation; and shall have author- Authority of 
 
 ^ *- - ^ ^ the president 
 
 ity to choose a clerk,, who shall be sworn to the faithful dis- and directors. 
 
 charge of his duty ; and a treasurer, who shall be sworn and 
 
 also give bonds to the corporation, with sureties to the satis- treasurer. 
 
 faction of the directors, in a sum not less than twenty thousand Bond. 
 
 dollars for the faithful discharge of his trust. And for the 
 
 purpose of receiving subscriptions to the said stock, books shall Books for sub- 
 
 ^ ^ n 1 soription when 
 
 be opened under the direction of the ])ersons named in the opened, &c. 
 
 first section of this act, at such time as they may determine, in 
 
 the town of Augusta, and the cities of Bangor and Portland in 
 
 this State, and the cities of Salem and Boston in Massachusetts, 
 
 and elsewhere as they shall appoint, to remain open for ten 
 
 successive days, at which time and place of subscription, public 
 
 notice shall be given in some newspaper printed in Portland, Notice to be 
 
 Augusta, Bangor, and Boston, twenty days at least, previous ^'™°' 
 
 to the opening of such subscription ; and in case the amo'unt 
 
 subscribed shall exceed ten thousand shares, the same shall be Amount of 
 
 distributed amona; all the subscribers, according to such regu- subscription 
 
 => 'SO exceeding 
 
 lations as the persons having charge of the opening of the sxib- io,ooo shares, 
 
 Bcription 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 cor- First meeting, 
 
 poration, by giving notice in one or more newspapers published °^ "^^ ® • 
 
 in the town and cities last above named, of the time and place, 
 
 and the purposes of such meeting at least twenty days before 
 
 the time mentioned in such notice. 
 
294 
 
 MAINE CENTRAL RAILROAD. 
 
 By-laws. 
 47 Me., 189. 
 
 President and 
 directors, pow- 
 ers and duties 
 of. 
 
 m Me., 189. 
 
 Assessments. 
 
 Notice, how 
 given. 
 
 Shares of delin- 
 quent subscrib- 
 ers, how dispos- 
 ed of. 
 
 ProTiso. 
 
 Sect. 4. Said corporation shall have power to make, ordain, 
 and establish all necessary by-laws and regulations, consistent 
 with the constitution and the laws of this State, for their own 
 government, and for the due aud orderly conducting of their 
 affairs and the management of their property. 
 
 Sect. 5. The president and directors for the time being, are 
 hereby autliorized and empowered by themselves or their 
 agents, to exercise all the powers herein granted to the cor- 
 poration, for the purpose of locating, constructing, and com- 
 pleting said railroad, and for the transportation of persons, 
 goods, and property of all descriptions, and all such power 
 and authority for. the management of the affairs of the corpor- 
 ation as may be necessary and proper to carry into effect the 
 objects of this grant ; to purchase and hold within or without 
 the State, land, materials, engines, and cars, and other nec- 
 essary things, in the name of the corporation for the use of 
 said railroad 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 
 the 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 by-laws of said corporation, the 
 directors may order the treasurer to sell such share or shares, 
 at public auction, after giving such notice as maybe prescribed 
 as aforesaid, to the highest bidder, and the same shall be trans- 
 ferred to the pm-chaser; and such delinquent subscriber 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 cost 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. Provided, however, that no assessment shall be 
 laid upon any shares in said corporation of a. greater amount, 
 in the whole, than one hundred dollars. 
 
MAINE CENTRAL RAILROAD. 295 
 
 Sect. 6. A toll is hereby granted and established for the sole tou. 
 benefit of said corporation, upon all passengers and property of *^ *^®'' ^'*' 
 all descriptions, which may be conveyed or transported by 
 them upon said road, at such rate as may be agreed upon and 
 established from time to time, by the directors of said corpor- Transportation, 
 ation. The transportation of persons and property, the eon- construction 
 struetion of wheels, the forms of cars and carriages, th^ weights rouing stock, 
 of loads, and all other matters and things in relation to said 
 road, shall ' be in conformity with such rules, regulations, and 
 
 11. 1 11 r> ■ . ■! How regulated. 
 
 provisions as the directors shall trom time to time prescribe ^^^^ jgg 
 and direct. 
 
 Sect. 7. The legislature may authorize any other company 
 or companies to connect any other railroad or railroads, with 
 the railroad of said corporation, coming from a northerly or 
 easterly direction. And said corporation shall receive and 
 transport all persons, goods, and property of all descriptions, 
 which may be carried and transported to the railroad of said cor- 
 poration on such other railroads as may be hereafter authorized 
 to be connected therewith, at tlie same rates of toll an d freight as 
 may be prescribed by said corporation, 'so that the rates of toll 
 and freight on such passengers and goods and other property as 
 may be received from such other railroads, so connected with 
 said railroad as aforesaid,' shall not exceed the general rates of 
 freight and toll on said railroad received for freight and pas- 
 sengers at any of the deposits of said corporation. 
 
 Sect. 8. K the said railroad, in the course thereof, shall 
 cross any private way, the said corporation shall so construct 
 
 .1 .-, 1 1 1 /. 1 Not to obstruct 
 
 saia railroad as not to obstruct the sate and convenient use of any wgiiway or 
 such private way; and if the said raib-oad shall, in the course p"^**^ ''*''• 
 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 high- 
 way ; and the said corporation shall have 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 erect such gate or gates thereon, as may be nec- 
 essary for the safety of travellers on said turnpike, railroad, 
 highway, or private way. 
 
296 
 
 MAINE CENTRAL RAIIROAD. 
 
 Company shall 
 maintain 
 bridges, &c. 
 
 Navigable wat- 
 ers, &c., cross- 
 ing of. 
 
 Fences. 
 46 Me., 162. 
 
 —liable to in- 
 dictment for 
 neglect to 
 build. 
 
 Mall, transpor- 
 tation of. 
 
 Sect. 9. Said railroad corporation shall constantly maintain, 
 in good repair, all bridges, with their abutments and embank- 
 ments, which they may construct for the purpose of conduct- 
 ing their railroad over any canal, turnpike, highway, or private 
 way, or for conducting such private way or turnpike over said 
 railroad. 
 
 Sect. 10. If said railroad shall, in the course thereof, cross 
 any tide waters, navigable rivers, or streams, the said corpora- 
 tion are hereby authorized and empowered to erect for the sole 
 and exclusive travel on their said railroad, a bridge across eauh 
 of said rivers or streams, or across any such tide waters : pro- 
 vided, said bridge or bridges shall be so constructed as not 
 unnecessarily to obstruct or impede the navigation of said 
 waters. Provided, that no bridge shall be built across the 
 Kennebec river, south of the present Kennebec bridge, at 
 Augusta, nor witliin twenty rods of any existing bridge ; and 
 if any such bridge shall be constructed, across the Kennebec 
 river, south of the north part of Ticonic bay at Waterville, it 
 shall have no more than one pier, and shall be so constructed 
 as to have as much height from the water to the under side of 
 the bridge, as the present Kennebec bridge, and so as to inter- 
 fere as little with the free navigation of tlie river with boats 
 and rafts as is practicable. 
 
 Sect. 11. Said railroad corporation shall erect and main- 
 tain 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 fence, said corporation shall be 
 liable to be indicted in the district court, for the county where 
 such fence shall be insufficient, and be fined in such sum as 
 shall be adjudged necessary to repair the same; and such fine 
 shall be expended for the erection or repair of said fence, under 
 the direction of an agent appointed hy said court, as in case of 
 fines imposed upon towns for deficiency of highways. 
 
 Sect. 12. The said corporation shall at all times, when 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 road as required, for a fair and reasonable compensate.; ' 
 
MAINE CENTRAL EAILBOAD. 297 
 
 And in case the corporation and the postmaster general shall 
 
 be unable to agree upon the compensation aforesaid, the legis- ^°™ow dTto" 
 
 lature of the State shall determine the same. And the said mined in case of 
 
 . . « n disagreement. 
 
 corporation, after they shall commence the receiving ot tolls, i^ Me., 189. 
 shall be bound at all times to have said railroad in good repair, 
 
 and a sufficient number of suitable engines, carriages, and repair™&c." 
 vehicles for the transportation of persons and articles, and be ^^ ^ 
 
 obliged to receive at all proper times and places, and convey transport pas- 
 
 the same when the appropriate tolls therefor shall be paid or after payment 
 
 tendered, and a lien is hereby created on all articles trans- "^ *''"^- ^ ^ , 
 
 ' •' _ Lien created for 
 
 ported for said tolls. And the said corporation, fulfilling on payment of 
 its part all and singular the several obligations and duties by 
 this section imposed and enjoined upon it, shall not be held or c^rs and en- 
 bound to allow any engine, locomotive, cars, carriages, or other gmes of other 
 
 J o J J ' o J roads prohibit- 
 
 vehicle for the transportation of persons or merchandise to ed from passing 
 pass over said railroad, other than its own, furnished and pro- "^"^ ° 
 vided for that purpose, as herein enjoined and required: pro- Proviso. 
 vided, however, that said corporation shall be under obligations 
 to transport over said road, in connection with their own trains, 
 the passenger and other cars of any other incorporated com- 
 pany that may hereafter construct a railroad connecting with 
 that hereby authorized, such other company being subject to 
 all the provisions of the sixth and seventh sections of this act, 
 as to rates of toll and all other particulars enumerated in said 
 sections. 
 
 Sect. 13. If any person shall wilfully and maliciously, or jjaUcions mis- 
 wantonly and contrary to la-w, obstruct the passage of any car- "'"'s'l trespasa, 
 
 ■ • 1 • &C. 
 
 riage on said railroad, or in any way spoil, injure, or destroy 
 said railroad, or any part thereof, or any thing belonging there- 
 to, or any material or implements to be employed in the con- 
 struction 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, 
 
 '■ "^ r J J ) Forfeiture. 
 
 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 officef whom 
 they may direct, to the use of said corporation. And such 
 19 
 
298 
 
 MAINE CENTRAL RAILROAD. 
 
 Fine and pen- 
 alty on convic- 
 tion. 
 
 Boolis of re- 
 ceipts and dia- 
 bqrsements 
 open to inspec- 
 tion of govern- 
 or and council, 
 &c. 
 
 Beal estate. 
 —where taxable 
 
 Shares of the 
 company to be 
 deemed person- 
 al. 
 
 Net income of 
 road over 10 
 per cent per 
 annum. 
 
 State, right of 
 action in the 
 case. 
 
 offender or offenders sliall be liable to indictment by the grand 
 jury of the county, within which trespass shall have been com- 
 mitted, for any offence or offences contrary to the above pro- 
 visions; and upon conviction thereof before any court compe- 
 tent to try the same, shall pay a fine not exceeding five hun- 
 dred dollars, to the use of the State, or may be imprisoned for 
 a term not exceeding five years, at the discretion of the court 
 before whom such conviction may be had. 
 
 Sect. 14. Said corporation shall keep, in a book for that 
 purpose, a regular account of all their disbursements, expendi- 
 tures, and receipts ; and the books of said corporation shall be 
 open at all times to the inspection of the governor and council, 
 and of any committee duly authorized by the legislature; and 
 at the expiration of every year, the treasurer of said -corpora- 
 tion shall make an exhibit, under oath, to the legislature, of 
 the net profits derived from the income of said railroad. 
 
 Sect. 16. All real estate purchased by said corporation for 
 the use of the same, under the fifth section of this act, shall be 
 taxable to the said corporation by the several towns, cities, and 
 plantations, in which said lands may lie, in the same manner 
 as lands owned by private persons, and shall in the valuation 
 list be estimated the same as other real estate, of the same 
 quality, in such town, city, or plantation, and not otherwise; 
 and the shares owned by the respective stockholders shall be 
 deemed personal estate and be taxable as such to the owners 
 thereof, in the places where they reside and have their home. 
 And whenever the net income of said corporation shall have 
 amounted to ten per centum per annum upon the cost of the 
 road and it« appendages, and incidental expenses, the directors 
 shall make a special report of the fact to the legislature ; from 
 and after which time, one moiety or such other portion as the 
 legislature may from time to time determine, of the net income 
 from said railroad, accruing thereafter, over and above ten per 
 centum per annum, first to be paid to the stockholders, shall 
 annually be paid ov«r by the treasurer of said corporation, as 
 a tax, into the treasury of the State, for the use of the State. 
 And the State may have and maintain an action, against said 
 corporation therefor, to recover the same. But no other tax 
 
Annual meet- 
 ing. 
 
 MAINE CKNTEAL RAILBOAD. 299 
 
 than herein is provided shall ever be levied or assessed on said 
 corporation, or any of their privileges or franchises. 
 
 Sect. 16. The annual meeting of the members of said cor- 
 poration shall be holden on the second Monday in June, or 
 such other days as shall be determined by the by-laws, at such 
 time and place as the directors, for the time being, shall appoint, 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor by himself or proxy being entitled to as many votes 
 as he holds shares, and the directors are hereby authorized to ^^gg' 
 call special meetings of the stockholders, whenever they shall 
 deem it expedient and proper, giving such notice as the cor- 
 poration by their by-laws shall direct. 
 
 Sect. 17. The legislature shall, at all times, have the right 
 
 . 1 • 1 XiBgislature 
 
 to mqmre mto the domgs of the corporation, and into the man- may inquire 
 ner in which the privileges and franchises herein and hereby ""*" doinga of 
 
 ^ ^ , " corporaliiQH, 
 
 granted may have been used and employed by said corpora- &o. 
 tion, and to correct and prevent all abuses of the same, and to *' Me., i89. 
 pass any laws imposing fines and penalties upon said corpora- 
 tion, which may be necessary, more efi'ectually to compel a 
 compliance with the provisions, liabilities, and duties, herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabiKties,. or obligations. And this charter 
 shall not be revoked, annulled, altered, limited, or restrained, 
 without consent of the corporation, except by due process of 
 law. 
 
 Sect. 18. If the said corporation shall not have been organ- 
 ized, and the location according to actual survey of the route gjlnization, lo-' 
 filed with the county commissioners of the counties through cation and com- 
 
 , . ^ pletion of Baid 
 
 which the same shall pass, on or before the thirty-first day of road. 
 December, in the year of our Lord one thousand eight hun- 
 dred and fifty, 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 sixty, in 
 either of the above mentioned eases, this act shall be null and 
 void. Approved April 7, 1845. 
 
 LAWS OF 1851, CHAP. 453. 
 £e it enacted, t&c. The time in which the location of the 
 
300 
 
 MAINE CENTRAL RAILROAD. 
 
 Filing of loca- line of the Penobscot and Kennebec Railroad Company may 
 be filed, is hereby extended to one yeaE from the last day of 
 December next. Approved June 3, 1851. 
 
 Chap. 199 Special Laws of 1854, and chap. 416 Special Laws of 1855, 
 authorized the city of Bangor to issue its honds in aid of the construc- 
 tion of the Penobscot and Kennebec Railroad ; and the city did issue its 
 bonds, but as the last instalment of the bonds were paid in October, 
 1874, there seems to be no need of inserting those chapters in this work. 
 
 See Special Laws of 1856, chap. 651, which authorized the Penobscot and 
 Kennebec Railroad to consolidate with the Androscoggin and Kennebec 
 Railroad. 
 
 The A, and H., 
 and tlie F, and 
 K. railroad 
 companies au- 
 thorized to con- 
 solidate. 
 See laws 1873, 
 chap. 383. 
 
 Directors of 
 said corpora- 
 tions authoriz- 
 ed to enter into 
 certain agree- 
 ments for that 
 purpose. 
 
 Agreement of 
 directors not 
 binding upon 
 the corpora- 
 tions. 
 
 LAWS OF 1856, CHAP. 651. 
 An act to authorize the consolidation of certain railroad corporations. 
 
 Be it enacted, (&c. Sect. 1. The Androscoggin and Kenne' 
 bee, the Androscoggin, and the Penobscot and Kennebec Rail- 
 road Companies, or any two of them, are hereby authorized, 
 at any time, to consolidate such companies into one corpora- 
 tion, in the manner following. 
 
 Sect. 2. The directors of any two or more oi said corpora- 
 tions, may enter into an agreement under their respective cor- 
 porate seals, for the consolidation of the said corporations, 
 prescribing the terms and conditions thereof, the mode of 
 carrying the same into effect, the name of the new corpo- 
 ration, the number of directors thereof, which shall not be 
 less than five nor more than eleven, the time and place of 
 holding the first election of directors, the amount of capital, 
 and the number of shares of the stock of the new corporation, 
 the manner of converting the shares of capital stock in each of 
 said corporations into the shares of such new corporation. 
 
 Sect. 3. Such agreement of the directors shall not be deemed 
 to be the agreement of said corporation, so proposing to con- 
 solidate, until after it has been submitted to the stockholders 
 of each of said corporations separately, at a legal meeting 
 thereof, to be called by each corporation in accordance with 
 its charter and by-laws, and has been sanctioned and approved 
 by such stockholders, by the vote of at least a majority of the 
 stock present at such meetings, respectively, voting by ballot 
 
MAINE CENTRAL RAILROAD, 
 
 301 
 
 at such meetings, in regard to said agreemeut, either in person 
 or by proxy, each share of such capital stock being entitled to 
 one vote : and when such agreement of the directors has been 
 
 , , 1 » 1 . J, , When such 
 
 sanctioned and approved by each ot the meetmgs ot the respec- agreement siiaii 
 tive stockholders separately, after being submitted to such ^^^^^^^4*^^ 
 meetings in the manner above mentioned, then such agree- thecorpora- 
 ment of the directors shall be deemed to be the agreement of 
 the said several corporations; and a sworn copy of the pro- 
 ceedings of such meetings, made by the clerks thereof respec- 
 tively, and attached to said agreement, shall be evidence of Evidence of 
 
 ■" o y meetings of the 
 
 the holding, and of the action of such meetings in the premises, corporations. 
 
 Sect. 4. Upon the making the said agreement, mentioned in 
 the preceding section, in the manner required therein, and 
 filing a duplicate, or a counter part thereof, in the office of the 
 secretary of State, and immediately upon and after the first porations shall 
 election of directors of said new corporation, the said corpora- ^^ <Jeemea to 
 
 ^ ^ constitute a 
 
 tions, 80 making said agreement, shall be consolidated, and new corpora- 
 together constitute the new corporation provided for in said '""' 
 agreement, to be known by the corporation name therein men- 
 tioned ; and the details of such agreement shall be carried into 
 effect as provided therein; and such new corporation shall have powers, &c., of 
 all the powers, privileges and immunities, possessed by each of corporation 
 the corporations so entering into said agreement, and be subject 
 to all the legal obligations now resting on them respectively : 
 provided, however, that nothing in this act shall be construed 
 as extinguishing said consolidated corporations, or annulling 
 their charters; but they shall severally be regarded as still 
 subsisting, so far as their continuance for the purpose of up- The rights of 
 holding any right, title or interest, power, privilege or immu- ^^^ creditors of 
 
 •, 1 . , .,,.,,.•, the original 
 
 nity, ever possessed, exercised or enjoyed, by either of them, corporations 
 may be necessary for the protection of the creditors or mort- p"'*"*®"^- 
 gagees of either of them, or of such new corporation ; the sep- 
 arate exercise of their respective powers, and the separate 
 enjoyment of their respective privileges and immunities, being 
 suspended, until the protection of such creditors or mortgagees 
 shall require their resumption, when such suspension shall 
 cease, so far and for such time p,s the protection of such cred- 
 itors or mortgagees may require. 
 
302 
 
 MAINE CENTRAL RAILROAD. 
 
 Transfer of tlie 
 rights and fran- 
 chise of the sev- 
 eral corpora- 
 tions. 
 
 Title of real 
 estate not 
 impaired by 
 consolidation. 
 
 Eights of 
 actions of such 
 corporations 
 survive to new 
 corporation. 
 
 Eights of cred- 
 itors not im- 
 paired by act of 
 consolidation. 
 
 Such new cor- 
 poration shall 
 succeed to the 
 obligations and 
 liabilities of the 
 consolidated 
 corporations. 
 
 Sect. 5. Upon the election of the first board of directors of 
 the said new corporation, created by the agreement of the sev- 
 eral companies, aU and singular, the rights, franchise and 
 interest of the said several corporations, so consolidated, in and 
 to every species of property, real, personal and mixed, and 
 things in action, thereunto belonging, shall be deemed to be 
 transferred to, and vested in, such new corporation, without 
 any other deed or transfer; and such new corporation shall 
 hold and enjoy the same, together with the rights of way, and 
 all other rights of property, franchise and interest, in the same 
 manner and to same extent as if the said several corporations, 
 so consolidated, should have continued to retain the title and 
 transact the business of such corporation ; and the title and 
 real estate, acquired by either of said corporations, shall not 
 be deemed to revert or be impaired by means of such act of 
 consolidation, or anything relating thereto ; and all suits that 
 either of said corporations, so consolidated, could have main- 
 tained, shall survive to, and may be brought in the name of 
 said new corporation. 
 
 Sect. 6. The rights of creditors of any corporation thatshaU 
 be consolidated, shall not in any manner be impaired by any 
 act of consolidation, nor shall any liability or obligation for 
 the payment of any money now due, or hereafter to become 
 due, to any individual person or corporation, or any claim for 
 damage for any act done, or neglect suffered by any such cor- 
 poration, be in any manner released or impaired; but such new 
 corporation is declared to succeed to such obligations and lia- 
 bilities, and be held liable to pay and discharge all the debts 
 and liabilities of each of the corporations that shall be so con- 
 solidated, whether on contract, or for misconduct or neglecft, 
 either to the State or to individuals, or to any municipal or 
 other corporation ; and it shall be liable to have an action 
 brought against it, to enforce the payment of any money or 
 damages, or the performance of any duty which any corpora- 
 tion, consolidated into such new corporation, was liable to pay 
 or perform, in the same manner as if such new corporation had 
 itself incurred the obhgatioiji or liability to pay such money 
 or damages, or perform such duty; and no suit, action, or 
 
MAINE CENTRAL RAILROAD. 303 
 
 other proceeding now pending before any court or tribunal, in 
 
 which any railroad company that may be so consolidated, is a i^g"™tatetoi 
 
 party, shall be deemed to have abated or discontinued, by by acts of 
 
 , „ T 1 ■ 1 1 consolidation. 
 
 reason of any such agreement ot consolidation ; but the same 
 •may be prosecuted to final judgment, in the same manner as 
 if the said corporation had not entered into such agreement of 
 conlolidation ; or the said new corporation may be substituted 
 as a party in the place of any corporation of which it shall be 
 composed, by order of the court in which such action, suit or 
 proceeding may be pending, and with the consent of the other 
 party. 
 
 Sect. 7. In the event of a failure of said new corporation to jf^^^ reauirea 
 perform any of the terms or conditions of any mortgage given by terms of 
 by either of said consolidated corporations, or the terms or byeitiier'of 
 conditions of any act of the legislature authorizing such inort- ^id co^pora- 
 gage, any notice to the officers, or stockholders, of either of 
 such consolidated corporations, required by the terms of such ^"^ ^iven, in 
 
 ^ _ -^ ■' case of a failure 
 
 mortgage or act, shall be given in the same manner, and with of consolidated 
 the same effect, to the like officers or stockholders of such new perform the *" 
 corporation ; and in case the mortgagees therein named shall conditions 
 
 11 • ^ 1 1 /. thereof. 
 
 "elect to take possession ot the property mortga;ged, or to fore- 
 close such mortgage, as provided therein, or in any act aathor- 
 izing the same, the corporation which executed said mortgage 
 shall again exercise and possess, separately, all its original 
 poppers, privileges and immunities, so far as the protection of 
 the interests of such mortgagees may require ; and the said 
 'mortgagees shall have all the rights and powers which they g^^esto'^^os-'" 
 would have possessed had this act not been passed, and shall session, not 
 
 , .11, ",. . ^ 1, 1 affected by this 
 
 be entitled to take immediate possession of all the real estate act. 
 and fixtures on that part of the line covered by their mort- 
 gages, respectively, owned or used for the purpose of working 
 such road, by such new corporation, and to use the same, so 
 long as they shall rightfully retain possession of the road ; 
 provided, however, that on the full performance of the condi- 
 tion of such mortgage, for the breach of which such entry shall 
 have been made, prior to the foreclosure thereof, such new 
 corporation may resume possessipn of such mortgaged premises, 
 and the exercise and enjoyment of all the powers and rights 
 which it possessed before such breach of condition. 
 
 Proviso. 
 
304 
 
 MAINE CENTRAL RAILROAD. 
 
 Autliority of 
 the city of Ban- 
 gor to appoint 
 a director. 
 
 Lien on certain 
 property of the 
 corporation, for 
 security of the 
 city of Bangor. 
 
 The connection 
 and crossing of 
 any railroad 
 with the rail- 
 roads of any 
 company 
 formed under 
 this act. 
 
 Bepealed Mar. 
 17, 1862. 
 Chap. 183, Spe- 
 cial Laws. 
 
 Sect. 8. In case the Penobscot and Kennebec Railroad Com- 
 pany shall become one of the consolidated corporations, and 
 until all the conditions of its several mortgages to the city of 
 Bangor shall be duly performed, the city of Bangor shall have 
 the same power to appoint one of the directors of such 
 new corporation, and in the same manner, that it now has to 
 appoint one of the directors of the Penobscot and Kennebec 
 Railroad Company by the terms of the tenth section of tlie 
 act of March first, in the year of our Lord one thousand 
 eight hundred and fifty-four, authorizing it to loan its credit to 
 said company; and shall have a lien, which shall take prece- 
 dence of all other liens heafter arising, to the amount of seventy- 
 five thousand dollars, on the cars, engines and other equip- 
 ments of such new corporation, and the right, on breach of the 
 conditions of any of said mortgages, to take so many and such 
 of said cars, engihes and other articles of equipment as wOl, at 
 the appraisal of three disinterested and competent men, be of 
 that value, and to use the same until said conditions shall be 
 complied with. 
 
 Sect. 9. Any railroad constructed under the laws of this 
 State, is hereby authorized to connect with or cross the rail- 
 road or railroads of any company to be formed under this act, 
 and in case of such connection or crossing, all such arrange- 
 ments shall be made and allowed by the respective companies 
 owning or operating the connecting or crossing roads, and by 
 such consolidated company, as shall best promote the public 
 convenience and the mutual interests of the roads, and as shall 
 give to persons at any station on. the Penobscot and Kennebec, 
 or the Somerset and Kennebec railroads, and at and beyond 
 Portland, a right to a through passage from Portland to any 
 station on the Penobscot and Kennebec, or the Somerset and 
 Kennebec railroads, and to Portland and beyond from any 
 station on the Penobscot and Kennebec, or the Somerset and 
 Kennebec railroads, at the same rates of fare, from time to 
 time, as may be required for such a passage on the road of the 
 consolidated company, whether such person shall travel upon 
 the road of the consolidated company, or the roads of the 
 Kennebec and Portland, and Somerset and Kennebec com- 
 
MAINE CENTRAL RAILEOAD. 305 
 
 panies, so long as those companies shall convey passengers on 
 •their roads between Portland, and the Penobscot and Kenne- 
 bec, and Somerset and Kennebec roads on like terms, and give 
 to all passengers their choice of routes at same rates of fare, 
 whether travelling between Portland and Kendall's Mills, on 
 the road of the consolidated companies, or the roads of the 
 Kennebec and Portland, and Somerset and Kennebec com^ 
 panies; provided, however, that any railroad company claim- 
 ing the benefit of this section, shall first accept the provisions 
 thereof as a part of their charter, and make it binding upon 
 them. 
 
 Sect. 10. Any corporation named in this act, and any cor- ^^^^^ ^^jj^. ^ 
 poration formed under it and the Kennebec and Portland, and corporations 
 the Somerset and Kennebec railroad corporations, or either of lease their 
 said corporations, are hereby authorized to let or lease their "'^'• 
 roads, franchises and property for hire, or to contract for the _or to con- 
 rnnning and managing the same with any individual or other *'^'^' **"■ '°°" 
 
 ° ° ° ■' ning tlie same. 
 
 railroad corporation for a term of years, and such lease or con- 
 tract so made with such individual or corporation, shall be 
 deemed valid and binding upon the parties entering. into the 
 same ; provided, however, that by reason of such lease or coo- Proviso, 
 tract, the corporations owning the road so leased, shall not be 
 released from any of their corporate liabilities. 
 
 Sect. 11. This act shall take eifect and be in force from- and 
 after its approval by the governor. Approved April. 1, 
 1856. 
 
 LAWS OF 1862, CHAP. 183. 
 
 An act to repeal the ninth section of an act entitled "an act toauthorize 
 the consolidation of certain railroad corporations." 
 
 Be it enacted, die. The ninth section of an act entitled „ x „ . 
 
 ' Sect. 9, act of 
 
 "an act to authorize the consolidation of certain railroad cor- April i, i85«. 
 porations," approved April one, eighteen hundred 'fifty-six, is ™''°* 
 hereby repealed. Approved March 17, 1862. 
 
306 MAINE CENTRAL RAILROAD. 
 
 CONTRACT OF CONSOLIDATION. 
 
 Whereas by the foregoing statutes it is 'provided, &c. 
 
 Wow, therefore, be it known, That the directors of the said Androscoggin 
 and Kennebec Railroad Company, of the first part, and the directors o( . 
 the said Penobscot and Kennebec Railroad Company, of the second part, 
 by virtue of the authority so granted to them, do enter into the agreement 
 hereinafter written, for the consolidation of said two corporations. 
 
 It is agreed as follows : 
 
 Mrst, That said Androscoggin and Kennebec Railroad Company, and 
 said Penobscot and Kennebec Railroad Company shall be consolidateil 
 into one corporation. 
 
 Second, That the name of the new corporation thus created shall Tie 
 the Maine Centeal Railkoad CoMPAiry. 
 
 Third, That the capital stock of said Maine Central RaUroad Conipany 
 shall consist of fifty thousand shares, of the par value of one hundred 
 dollars each ; and each share of the capital stock of either of said consol- 
 idated corporations shall be taken and deemed to be a share in the capi- 
 tal stock of the Maine Central Railroad Company, for all piuposes,-until 
 the issue of certificates of shares in the new corporation, as hereinafter 
 provided, and no longer ; and shall entitle the holder thereof, or his repre- 
 sentative, to one vote at the meeting for the first election of directors. 
 
 Fourth, That the immediate government and direction of the ' affaiM of 
 said Maine Central Railroad Company shall be vested in seven directori, 
 who shall be chosen in the manner hereinafter provided, and shaiU hold 
 their of&ces until others shall have been duly elected and qualified to take 
 their places, a majority of whom shall form a quorum for the transaction 
 of business ; and they shall elect one of their 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; and a treasurer, who shall be sworn, and also give bonds to 
 the corporation, with sureties to the satisfaction of the directors, in » 
 sum not less than twenty thousand dollars, for the faithful discharge of 
 his trust. 
 
 Fifth, That a meeting of the stockholders of the Androscoggin and 
 Kennebec Railroad Company, and the stockholders of the Penobscot and 
 Kennebec Railroad Company, shall be held at Waterville, in said State of 
 Maine, at the repair-shop of the Androscoggin and Kennebec Kailroad 
 Company, on Thursday, the twenty-fifth day of September next, at eleven 
 o'clock, A. M., for the election of directors of the Maine Central Kailroad 
 Company, and for the transaction of any other business which may M 
 
MAINE CENTRAL RAILROAD. 307 
 
 deemed by said meeting necessary or proper to be done to perfect said 
 consolidation, to complete tbe organization of said new corporation, and 
 to provide for the due and orderly conducting of its affairs, and the man- 
 agement of its property. 
 
 Sixth, That notice of the time, place, and purpose of such meeting, 
 signed by the president of the Androscoggin and Eennebec Railroad 
 Company, and by the president of the Penobscot and Kennebec Railroad 
 Company, shall be published, at the least, fourteen days before said twen- 
 ty-fifth day of September, In one or more newspapers published in Port- 
 land and Bangor. 
 
 Seventh, That the president of the Androscoggin and Kennebec Rail- 
 road Company, if he be present, and if he be absent, then the president 
 of the Penobscot and Kennebec Railroad Company, shall preside at said 
 meeting till its organization shall be completed by the election of a chair- 
 man and secretary, and if neither of said presidents shall be present, then 
 any other director of either of said corporations may so preside. 
 
 Eighth, That after such consolidation is accomplished, the president 
 and directors of the Maine Central Railroad Company, for the time being, 
 shall have as full and ample power and authority in relation to the busi- 
 ness, property, and affairs of that corporation, including the power to 
 purchase and hold, sell and convey, in the name and for the use of the 
 corporation, as the president and directors of the Androscoggin and Ken- 
 nebec Kailroad Company, or the president and directors of the Penobscot 
 and Kennebec Railroad Company now have, respectively, in relation to 
 the business, property, and affairs of their companies, respectively; pro- 
 videcli, however, that no assessment shall be laid upon the shares of such 
 new corporation. 
 
 Ninth, That as soon after the first election of directors as may be, cer- 
 tificates of shares in the capital stock of the Maine Central Railroad 
 Company shall be prepared in proper form, and shall be issued in ex- 
 change for certificates of stock, share for share, of the Androscoggin and 
 Kennebec Railroad Company, or of the Penobscot and Kennebec Rail 
 road Company, on the request of the respective owners thereof. 
 
 Tenth, That the annual meeting of the members of said corporation 
 shall be holden on the last Wednesday of June of each year, or such 
 other days as shall be determined by the by-laws, at such time and place 
 as the directors, for the time being, shall appoint, at which meeting the 
 directors shall be chosen by ballot, each proprietor, by himself, or proxy, 
 ■being entitled to as many votes as he holds sha^res, and the directors are 
 -hereby authorized to call special meetings of the stockholders, whenever 
 they shall deem it expedient and proper, giving notice as the corporation, 
 by their by-laws, shall direct. 
 
 Eleventh, That at the meeting provided for in the fifth section of this 
 agreement, and prior to the election of directors, the Androscoggin 
 and Kennebec Railroad Company shall deliver to the chairman of said 
 meeting valid certificates of shares in the capital stock of said Andros- 
 coggin and Kennebec Railroad Company, sufficient in amount to liqui- 
 ilate all the bonds of said Androscoggin and Kennebec Railroad Com- 
 
308 MAINE CENTRAL KAILROAD. 
 
 pany for the delivery of such stock, issued under and by virtue of a vote 
 of the stockholders of said Androscoggin and Kennebec Railroad Com- 
 pany, passed on the 27th day of April, A. D. one thousand eight hundred 
 and fifty three, or a vote passed on the sixteenth day of October, A, D. 
 one thousand eight hundred and fifty-six, to wit, seven thousand and on'e 
 hundred shares ; which certificates shall be held by said chairman, in 
 trust, until the organization of the first board of directors of the Maine 
 Central Railroad Company, and then be delivered by him to said new 
 corporation, to be held by it until such times as said bonds shall respect- 
 ively mature, and then to be delivered in liquidation of said bonds, to the 
 holders thereof, respectively, on demand; which holders, having so re- 
 ceived said stock in liquidation of said bonds, shall have the right, K^ -^ 
 spectively, to demand and receive in exchange therefor, the stock, share 
 for share, of the Maine Central Railroad Company. 
 
 Twelfth, That the holders of the bonds of the Penobscot and Kenne- 
 bec Railroad Company, issued under and by virtue of a vote of the stock- 
 ' holders thereof, passed on the eighth day of July, A. D. one thousand , 
 
 eight hundi-ed and fifty-six, commonly called the third mortgage bonds, 
 shall be entitled on the surrender of their said bonds, respectively, to 
 receive in exchange therefor the bonds of the Maine Central Kallroad 
 Company, to the amount of forty per cent, of the principal of e ach bond so 
 surrendered, and of the interest which had accrued thereon, on the first 
 day of April, A. D. one thousand eight hundred and sixty-two, and shares 
 of the capital stock of said Maine Central Railroad Company to an 
 amount, equal, at par value, to sixty per cent, of said bonds and interest, 
 
 Thirteenth, That the holders of the bonds of the Penobscot and Kenne- 
 bec Railroad Company, issued under and by virtue of a vote of the stock- 
 holders thereof, passed on the tenth day of July, A. D. one thousand 
 eight hundred and fifty-five, commonly called the second mortgage bonds, 
 shall be entitled, respectively, on the surrender of such of the coupons 
 attached to their said bonds as are now over-due, and the release of aD 
 interest that had accrued on their said over-due coupons, respectively,^to > 
 the first day of April, A. D. one thousand eight hundred and sixty-two, 
 to receive therefor, in payment of such coupons aid interest, the bonds 
 of the Maine Central Railroad Company, for an amount equal to the sums 
 thus paid. 
 
 Fourteenth, That the president and directors of the Maine Central Rail- 
 road Company shall be, and hereby are, authorized and empowered to 
 issue, from time to time, as they shall be needed, certificates of so many 
 shares in the capital stock of said company as may be required to carry 
 out the provisions of this agreement in relation thereto, and to issue fie 
 bonds of said company, to an amount not exceeding four hundred thou- 
 sand dollars, payable in eight years, bearing interest at the rate of six 
 per cent, per annum, with.coupons for interest attached, and to deliver 
 so many of said bonds to said bondholders of the Penobscot and Kenne- 
 bec Railroad Company as may be necessary to carry into effect the pro- ■ 
 visions of this agreement relating to said bondholders : and to sell or 
 pledge so many of said bonds as may not be required to pay said bond- 
 
MAIliTE CENTRAL EAILROAD. 
 
 holders, from time to time, to raise money for the use of said Maine Cen- 
 tral Railroad Company; and to execute a mortgage of all the property of 
 said Maine Central Railroad Company, to secure the payment of such 
 bonds and coupons. 
 
 In witness whereof, The parties of the first part have affixed hereto, in 
 duplicate, the corporate seal and the signatures of the president and a 
 majority of the directors of the Androscoggin and Kennebec Railroad 
 Company; and the parties of the second part have affixed hereto, in dupli- 
 cate, the corporate seal, and the signatures of the presidenf/and a major- 
 ity of the directors of the Penobscot and Kennebec Railroad Company, 
 on this twentieth day of August, Anno Domini one thousand eight hun- 
 dred and sixty-two. 
 
 HOLLIS BOWMAN, ( — — i 
 
 President Penobscot and Kennebec E. R. Co. < seai > 
 
 309 
 
 T. W. BALDWIN, 
 G. W. PICKERING, 
 IRA CROCKER, 
 JABEZ TRUE, 
 JOHN WEBBER, 
 
 DiBECTOBS. 
 
 JOHN WARE, ( - 
 
 President Androscoggin and Kennebec R. E. Co. ■! 
 
 SAMUEL P. BENSON, 
 IRA CROCKER, 
 WILLIAM GOODENOW, 
 PRAJfKLIN SMITH, 
 JEDIAH MORRILL, 
 
 DiEECTORS. 
 
 The foregoing contract was sanctioned and approved by the stockhold- 
 ers of the Androscoggin and Kennebec Railroad Company, at a meeting 
 called for that purpose, and held at Waterville, September ninth, 1862 ; 
 and the same was sanctioned and approved by the stockholders of the 
 Penobscot and Kennebec Railroad Company, at a meeting called for that 
 purpose, and held at Waterville, September 9th, 1862 ; and the Maine Cen- 
 tral Railroad Company was organized by the choice of a board of^ direct- 
 ors, at Waterville, October 28th, 1862. 
 
310 
 
 MAINE CENTEAIi EAILROAD. 
 
 Corporators. 
 
 Name. 
 
 Powers. 
 31 Me., 215. 
 
 THE PORTLA?>[D AND KENNEBEC RAILROAD 
 COMPANY 
 
 extends from Portland to Augusta, sixty-two and three-quarters nules, 
 with a branch to Bath of nine mUes making seventy-one and three-quai- 
 ters miles. 
 
 It was chartered and built under the name of Kennebec and Portland 
 Railroad Company. 
 
 LAWS OF 1836, CHAP. 227. 
 An act to incorporate the Kennebec and Portland Railroad Company. 
 
 Be it enacted, &c. Sect. 1. That Robert Hallo well Gard- 
 iner, O. ^. Dorranee, F. Allen, M. Ureenwood, A. Berry, N. 
 F. Deering, P. Sheldon, M. P. Sawyer, Henry Bowman, Wm. 
 Stevens, 2d, J. P. Boyd, F. Tinkham, John Henry, E. Swan,- 
 John Otis, Reuel Williams, A. Eedington, E. F. Deane, G. 
 Evans, H. B. Hoskins, A. J . Stone, E. K. Page, S. H. Mudge, 
 A. Shaw, S. E. Crocker, E. McLellan, Francis Richards, M. 
 Springer, Wm. Palmer, Allen Lambard, R. H. Gardiner, Jr., 
 E. C. Stevens, James L. Child, T. W. Smith, S. Kingsbury, 
 A. S. Chadwick, R. Boyd, M. French, E"ath'l Kimball, Hiram 
 Stevens, Alex. Cooper, Martin Gore, Stephen Young, H. 
 Goddard, D. Scribner, J. Humphrey, D. Dunlap, David Neal, 
 Josiah Merrow, their associates, successors, and assigns, be and 
 they hereby are made a body politic and corporate, by the 
 name of the Kennebec and Portland Railroad Company j and 
 by that name shall have and enjoy all the rights, privileges, 
 and immunities incident to corporations, and subject to the 
 liabilities and duties provided for by to "act concerning cor- 
 porations," passed February sixteenth, one thousand eight hnn- 
 dred and thirty-six, so far as the same is made applicable to 
 railroBds heretofore incorporated, and also subject to the duties 
 and liabilities, and entitled to all the rights, privileges, and 
 immunities provided for in the "act defining the rights and 
 duties of railroad corporations" passed March first, one thons- 
 
MAINE CENTRAL RAILROAD. 311 
 
 and eight hundred and thirty-six; and .also shall have the 
 
 power to ordain and establish such by-laws as shall from time 
 
 to time be deemed necessary and proper for the management 
 
 and regulation of their affairs, not repugnant to the laws of ^"amended.' 
 
 this State ; and said company are hereby authorized and em- iser, ot. loe. 
 
 -, , • If -1 1862j cli. 182. 
 
 powered to locate, construct, and maintain a railroad commen- i864, oh. 295. 
 cing at a point in the city of Portland, and thence passing ^' *• ^J- 
 through the towns of North Yarmouth, Freeport, Brunswick ises, oh. 430. 
 village, and Topsham, to Gardiner village, and thence to 
 Augusta village, on the west side of Kennebec river. 
 Sect. 2. That the powers of said company, except at the 
 
 t, , „ , 1 . , 1 7^ 1 Amendedl851. 
 
 legal meetings tnereot, shall be veste^l in a board 01 not less chap. 447. 
 
 than nine directors, who shall be chosen at the first meeting 
 
 of said company, and afterwards annually at such time as 
 
 the by-laws of the company shall prescribe, and shall hold 
 
 their offices for one year, and until others shall be chosen in "'""' 
 
 their stead ; and said directors shall annually elect from their 
 
 own body a president, secretary, treasurer, and such other Amended issi, 
 
 officers as said by-laws shall direct, and shall have power to ""^p**'- 
 
 employ and invest the proceeds of the railroai as they may 
 
 see fit, for the use and benefit of the stockholders. 
 
 Sect. 3. That this grant shall be void unless the route of „ , ,„ . 
 o Time of survey. 
 
 said railroad shall be surveyed, and a return of said survey to 
 be made to the county commissioners of the counties through 
 which said railroad shall pass and to the governor and council, 
 on or before the first day of August, one thousand eight hun- Amended imi, 
 
 jjji- T, 11 .,. otaP' 1B2 and 
 
 area and thirty-seven, and the stock taken up withm two years i845,oh. 273. 
 thereafter, and at least that part of said route between Port- 
 land and Brunswick be completed and in operation within six 
 years from the said first day of August, one thousand eight 
 hundred and thirty-seven, and the whole route within ten 
 years therefrom. 
 
 Sbot. 4. That the capital stock of said company may con- capital stock, 
 sist of one milUon two himdred thousand dollars, and shall be amended i846, 
 
 T- .J J . , oh. 341 and 1848, 
 
 qividea into shares of two hundred dollars, and each share oh. 100, 34 Me., 
 sM be entitled to one vote by the person holding such share ^3,369,45 Me. 
 or shares, or by authorizing some person in writing to vote 
 and act as his proxy but no member shall be allowed more 
 than fifty votes. 
 
312 MAIKE CENTRAL EAILROAD. 
 
 Sect. 5. That said company may from time to time, establish, 
 ToUs. demand, and collect such tolls for the transportation of persons, 
 
 goods, wares, merchandise, or commodity whatever, on said 
 railroad as they may see fit ; provided, that whenever the 
 profits arising from tolls or otherwise shall exceed twelve per 
 centum per annum on the actual cost of said railroad, after 
 deducting all necessary disbursements in conducting its opera- 
 tions, then the legislature shall from time to time, have the 
 right so to reduce such tolls as may have been estabHshed, not 
 below the rate of 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 company within one year 
 after said railroad shall have been put in operation or any part 
 enio™^ ^°^' thereof, to make return to the governor and council of the 
 actual cost of said railroad, or part thereof, and annually there- 
 see law of 1857, after of all disbursements made and allowed by the directors 
 
 ch. 106, sect. 3. , , ■' 
 
 and the rates of toll by them established, the amount of tolls 
 • and other profits received, and the rate of profits or per centum 
 on the cost aforesaid, actually realized within the year; and if 
 the legislature shall not be satisfied with such return,- the leg- 
 islature may require an examination into the affairs of said 
 company in such manner as they shall direct ; and if it shall 
 appear that the aff'airs of said company have not been economi- 
 cally conducted, and that the profits arising from toUs or other- 
 wise, might have exceeded the maximum of twelve per eentmn 
 per annum, or that any wilful evasion of the provisions of this 
 section shall have been practised by said company, then the 
 legislative legislature shall have the right to make such reasonable redno- 
 power. .|.JQjj Qf i^Y^Q charges for disbiirsements, as aforesaid allowed and 
 
 A nd a 1845 ^'^^^g®*^ ^7 s^i<i directors as shall be judged economical, and 
 ch. 273. from such basis so to reduce the tolls and profits, not however, 
 
 below the rate of twelve per centum per annum, as aforesaid, 
 as shall be judged expedient, any thing in this act to the con- 
 trary notwithstanding. And provided further, that the leg- 
 islature shall not so reduce said tolls and profits below the 
 rates, nor on any principle more unfavorable to said company 
 than the mode adopted in the charter of the Maine, New 
 Hampshire, and Massachusetts Kailroad Corporation, and mak- 
 
 ProTiso. 
 
MAINE CENTRAL RAILROAD. 313 
 
 ing the same reservation in aid of primary schools in this 
 charter as is reserved in that. 
 
 Sect. 6. That it shall be the duty of said company to pro- 
 vide and maintain on their railroad suitable and convenient "p™" ^'=*''^- 
 ears for the transportation of persons and freight of every 
 description to be transported thereon ; and may purchase, take, 
 and hold such land and other property, may establish such May take and 
 depots, warehouses and other works as may be necessary for ^"^^ **" ' 
 the safe keeping and accommodation of persons, goods, wares, 
 and merchandise transported, or to be transported thereon, as 
 may be found expedient for the construction and use of said 
 railroad and other works, and shall have a lien for tolls due on Lien for tous. 
 aU property of every description bj them transported from 
 place to place, with the right to sell so much thereof as may 
 be necessary to pay the same with incidental charges, and may 31 jie., 476. 
 make and collect such assessments on the shares of said capital 
 stock as may be deemed expedient, in such manner as shall be 
 prescribed in their by-laws. ' 
 
 Sect. 7. That it shall be the duty of said company to receive, .^g ^^^i^g j^^^. 
 from any other railroad established by authority of this State, song, and 
 connected with, or approaching near, to any portion of the roadg. 
 road established by this company, at any suitable and conven- 
 ient point, any person or freight, and transport the same to 
 any other point on said railroad where persons or freight may 
 be safely and conveniently landed, agreeably to the wishes of 
 such person, or the owner of such freight, on the payment, or 
 offer of payment of the same rate of tolls established by said 
 company, for the same portion of their said railroad traversed 
 by such person or freight ; provided, that said railroad com- 
 pany connecting with, or approaching this line of railroad, be 
 required in like manner to transport persons and freight on 
 their railroad arriving from this. And provided also, that 
 from the city of Portland the said company shall have author- 
 ity to connect thence with any other railroad established by 
 law leading to Boston, in Massachusetts, in the most direct and 
 feasible manner ; and so as best to accommodate the travelling 
 public, the consent of the proprietors thereof being first ob- 
 tained, such connection to be made in such manner as shall 
 20 
 
 Proviso. 
 
314 
 
 MAINE CENTRAL EAILROAD. 
 
 Wilful injury, 
 how punished. 
 
 Act of 1831 not 
 to apply. 
 
 First meeting. 
 
 To carry IT. S. 
 mail. 
 
 be designated by the engineer employed by said company to 
 survey and construct their said railroad and the engineer 
 employed to survey and construct such other railroad. 
 
 Sect. 8. That if any person shall wilfully or wantonly ob- 
 struct the passage of any carriage on said railroads, or in any 
 way injure or destroy said railroad, 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 railroad, 
 he, she or they, or any person or persons assisting, aiding, ol' 
 abetting such trespass, or committing, or in aiding or assisting 
 in the commission of any other trespass on said railroad, or any 
 thing connected therewith, shall forfeit and pay to the use of 
 said company treble damages by them sustained, to be sued 
 for and recovered in an action of debt, or of the case, by such 
 person or officers as' the directors shall from time to time 
 appoint, before any court of competent jurisdiction. 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 or offences done in violation of the 
 above provisions, and on conviction thereof before any court 
 competent to try the same, shall pay a fine not exceeding one 
 hundred dollars to the use of the State, or be imprisoned for a 
 term not exceeding one year, either or both at the discretion 
 of the court before whom such conviction may be had. 
 
 Sect. 9. That the provisions of an "act concerning corpora- 
 tions,'' passed March seventeenth, one thousand eight hundred 
 and thirty-one, shall not extend or apply to the company here- 
 by incorporated. 
 
 Sect. 10. That the first meeting of the company may be 
 called at Brunswick, by the three persons first named in the 
 first section of this act, by publishing the notice of such meet- 
 ing three weeks successively, in one or more of the newspapers 
 published at Augusta, Gardiner, Brunswick, and Portland, the 
 last publication to be at least ten days before the time appoint^ ; 
 for such meeting. 
 
 Sect. 11. That it shall be the duty of said company to trans- 
 port the United States mail on their railroad for a reasonable 
 compensation, if required so to do by the postmaster general^ 
 
MAINE CENTBAL RAILROAD. 
 
 315 
 
 and if the postmaster general and the directors of said com- 
 pany cannot agree on the compensation to be allowed by the 
 post office department to said company for such service, then 
 the legislature may require said company to transport said 
 mail for such compensation, not less than the actual expense 
 incurred by said company in the transportation thereof, as the 
 legislature may judge reasonable and proper, provided the 
 postmaster general should accede thereto. 
 
 Sect. 12. That the portion of this railroad route from Gardi- w^nt be 
 ner village to Augusta village, through Hallowell, shall be completed, 
 made and completed within one year from the time that the ^jj^p. 152, and' 
 railroad and worlis thereon, from the village of Gardiner to isie ciiap. 273. 
 the c:(ty of Portland, shall have been completed and put in 
 operation; the route and termini to be designated by some 
 skillful and experienced engineer to be employed by said com- 
 pany to make their survey, in the most practicable manner, 
 having due regard to the accommodation of the public and the 
 interests of said company ; provided, that if such extension in 
 the manner and time aforesaid, in the opinion of said engineer, 
 shall require an extension of their capital stock, then a further 
 time of one year shall be allowed to said company so to com- 
 plete said route. But no construction shall be given to the 
 provisions of this act which shall tend to exonerate, or prevent 
 said company from the duty or right of connecting the village 
 of Augusta, through Hallowell as aforesaid, in the most com- 
 modious manner, with the railroad from Gardiner village to 
 the city of Portland; and provided further, that if any other 
 railroad, shall be granted by the legislature and its construc- 
 tion commenced, before the time allowed to the corporation by 
 tjiis act to complete the same either between Portland and 
 Augusta, or Gardiner and Augusta, so as to divert travel from 
 this road, then this corporation shall not be required to com- 
 plete the section between Gardiner and Augusta. Approved 
 April 1, 1836. 
 
316 
 
 MAINE CENTRAL RAILROAD. 
 
 LAWS OF 1841, CHAP. 152. 
 
 Extension of 
 time. 
 
 An act to extend the time to locate and construct the Kennebec and Port- 
 land Railroad. 
 
 Se it enacted, <&c. That the time specified in the third 
 section of the act, granting the charter to the Kennebec and 
 Portland Railroad Company, for the survey to be made and 
 a return of the same, be and the sarhe is hereby extended to 
 five years, and the time for the stock to be taken up to six 
 years, and the time for the completion of the whole road to 
 ten years, from the day this act shall be approved by the gov- 
 ernor ; and all parts of the act to which this refers, inconsistent 
 with the provisions of this act, be and the same are hereby 
 repealed. Approved April 9, 18il. 
 
 Extension of 
 time. 
 
 Bridges. 
 36 Me., 319. 
 
 Taxes. 
 
 LAWS OF 1845, CHAP. 273. 
 
 An act in addition to the act incorporating the Kennebec and Portland 
 Railroad Company. 
 
 JBe it enacted, die. Sect. 1. That the time now allowed 
 by law, to the Kennebec and Portland Kailroad Company to 
 complete the survey and make return of the same, is hereby 
 extended five years, and the time for the stock to be taken up 
 to six years, and the time for the completion of the whole road 
 to ten years, from the day this act shall be approved by the 
 governor. 
 
 Sect. '2. If said railroad shall, in the course thereof, cross 
 any tide waters, navigable rivers or streams, the said corpora- 
 tion are hereby authorized and empowered to erect for the sole 
 and exclusive travel on their said railroad, a bridge or cause- 
 way, across each of said rivers or streams, or across any such 
 tide waters; provided, said bridge or bridges, or causeways 
 shall be so constructed as not to obstruct or impede the navi- 
 gation of said waters. 
 
 Sect. 3. All real estate, purchased by said corporation, for 
 the use of the same under the sixth section of the act to which 
 this is an addition, shall be taxable to said corporation by the 
 several towns, cities, and plantations in which said lands may 
 
MAINE CENTKAL EAILEOAD. 317 
 
 lie, in the same manner as lands owned by private persons, 
 and shall in the valuation list be estimated the same as' othei* 
 real estate of the same quality, in such town, city, or plantation, 
 and not' otherwise; and the shares owned by the respective 
 stockholders shall be deemed personal estate, and be taxable 
 as such to the owners thereof, in the places where they reside 
 and have their home. And whenever the net income of said 
 corporation shall have amounted to ten per centum per annum 
 upon the cost of the road, and its appendages and incidental 
 expenses, the directors shall make a special report of the fact 
 to the legislature; from and after which time, one moiety, or 
 such other portion as the legislature may from time to time 
 determine, of the net income from said railroad, accruing thei-e- 
 after, over and above ten per centum per annum first to be 
 'paid to the stockholders, shall annually be paid over by the 
 treasurer of said corporation as a tax into the treasury of the 
 State, for the use of the State. And the State may have and 
 maintaiil an action against said corporation to recover the 
 
 . Power of legii- 
 
 same. But no other tax, than herem is provided, shall ever tare limited, 
 be levied or assessed on said corporation, or any of their 
 privileges or franchises. 
 
 Sect. 4. Said corporation shall have power to connect their 
 road with any other railroad, at such point as may be most """^^ 
 convenient on the route established by the act to which this 
 act is in addition. 
 
 Sect. 5. The first meeting of this company shall be held in 
 the town of Gardiner; and any three of the persons named in First meeting. 
 the act of incorporation are hereby authorized to call the first 
 meeting of said corporation, by giving notice in one or more 
 newspapers published in the town of Augusta and the city of 
 Portland, of the time and place and the purposes of siich meet- 
 ing, at least ^twenty days before the time mentioned in such 
 notice. 
 
 Sect. 6. All acts and parts, relating to the Kennebec and Repealed acts. 
 Portland Railroad Company, inconsistent with tlie provisions 
 of this act, are hereby repealed. Afjproved March 31, 1845. 
 
318 
 
 MAINE CENTRAL RAILROAD. 
 
 Location. 
 
 Capital. 
 34 Me., 369, 
 45 Me., 532. 
 
 Bridges. 
 
 35 Me. 323. 
 
 LAWS OE 1846, CHAP. 341. 
 
 An act in addition to the act incorporating the Kennebec and Portland 
 Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. The Kennebec and Portland 
 Railroad Company is authorized and empowered to locate their 
 road through and east of the village of Brunswick, and to 
 extend the same to tide waters in the village of Bath by a 
 branch of their road or otherwise, and that part of the road or 
 branch between Brunswick and Bath shall be completed simul- 
 taneously with the part of the road between Portland and 
 Brunswick. 
 
 Sect. 2. The capital stock of said company shall be divided 
 into shares of one hundred dollars each, instead of two hun- 
 dred dollars, as is provided in the act to which this is in' 
 addition. ' 
 
 Sect. 3. The said company shall have the same power to 
 construct bridges and causeways across tide waters in the 
 Towte of said road and branch, and with the same conditions 
 and restrictions as are granted to the Bath and Portland Eail- 
 rtfad Company by the fifteenth section of the act incorporating 
 said company. ' 
 
 Sect. 4. The said company shall have power to complete 
 any section of their road, commencing at Portland and pro- 
 ceeding east, and to take passengers and freight before the 
 whole of the road is built, and charge therefor in the propor- 
 tion that the distance run bears to the whole length of the 
 road as provided for in the bill to which this bill is in addition. 
 
 Sect. 5. The doings of said corporation at their first meet- 
 Meetings legal- ing, called under the act establishing the same, and at the 
 several adjournments thereof, and in calling said first meeting, 
 are hereby made valid in law; and said corporation may at 
 any subsequent adjournment elect in the manner prescribed 
 by law, all the officers provided for by said act, first giving tea 
 days' notice of an intention so to do in some newspaper printed 
 in each of the cities of Boston and Portland, and in each of 
 the towns of Bath, Gardiner, Hallowell and Augusta. Ap- 
 jproved July 16, 1846. 
 
 ized. 
 
MAINE CENTRAL , RAILEOAD. 319 
 
 LAWS OF 1848, CHAP. 100. 
 
 An act to authorize the Kennebec and Portland Railroad Company to 
 increase its capital. 
 
 Be it enacted, <&c. That the Kennebec and Portland Rail- „ . 
 
 ' May increase 
 
 road Company is hereby authorized to increase its capital stock, 
 stock by adding thereto the sum of four hundred thousand 
 dollars, to be divided into shares of one hundred dollars each. 
 Approved June 7, 1848. 
 
 LAWS OF 1850, CHAP. 379. 
 
 Be it enacted, die. Sect. 1. The cities of Augusta, Gardi- such cities and 
 ner and Bath, and the towns of Hallowell, Richmond, Bow- towns may aid 
 
 , . 1 mi n n • i i £• 1 ^' ^''*" accept 
 
 "domham, iopsham and Brunswick, and each ot them, or as this act. 
 
 many of them as shall accept this act, are severally authorized 
 
 to loan their respective credit to the Kennebec and Pctrtland 
 
 Railroad Company in aid of the construction and completion 
 
 of their railroad in amounts as follows, viz : the city of Augusta ^2"oom' 
 
 ' two hundred thousand dollars, the city of Gardiner one hnn- 9,^'^<'™^' 
 
 dred and fifty thousand dollars, the city of Bath two hundred Bath, S2oo,ooo. 
 
 thousand dollars, the town of Hallowell one hundred thousand $7^000!'"'^' 
 
 dollars, .the town of Brunswick seventy-five thousand dollars, Isoooo"' 
 
 the town of Topsham thirty thousand dollars, the town of ajrwio'"''*"' 
 
 Bowdoinham twenty-five thousand dollars, and the town of Richmond, 
 
 . $20,000. 
 
 Richmond twenty thousand dollars subject to the following conditions 
 
 terms and conditions. "^ ^°^' 
 
 Sect. 2. This act shall not take effect unless it shall be , ^ ^ , 
 
 Act when to 
 
 accepted by the directors of said company and then only so take effect. 
 
 far as regards such of said cities and towns as shall by the 
 
 written or printed votes of the inhabitants of such cities and j^ken! 
 
 towns respectively at legal meetings duly called and notified 
 
 for the purpose, accept the same and determine each for itself 
 
 the amount of credit which such city or town will loan to said Amount of 
 
 railroad company, not exceeding in any case the sum herein "oaned'to'be 
 
 provided to be loaned by said cities or towns respectively; and aeterminedby 
 ,■,, 1.T/.1 11 1 n ^^''^ "'ty """l 
 
 at least two-thirds of the whole number 01 votes cast at the town. 
 
 meetings aforesaid in said towns and cities shall be necessary 
 
320 
 
 MAIKE CENTRAL RAILROAD. 
 
 Two-thlrdavote 
 required. 
 
 On what terms 
 scrip to be 
 issued. 
 
 Term of time. 
 
 Date of scrip, 
 
 Bond to be 
 given on deliv- 
 ery of scrip. 
 
 Shares to be 
 given, if requir- 
 ed, as security 
 for scrip. 
 
 for the acceptance of this act on the part of said cities and 
 towns respectively. 
 
 Sect. 3. Upon the acceptance of the act as aforesaid by any 
 or all of the aforesaid cities or towns the treasurer of each city 
 or town which shall have accepted the act is hereby authorized 
 to make and issue from time to tirne for the purposes contem- 
 plated in this act, the scrip of such city or town for the amount 
 granted by such city or town respectively, in convenient and suit- 
 able sums payable to the holder thereof on a term of time not 
 less than twenty nor more than thirty years, with coupons for 
 interest attached, payable annually or semi-annually — and to 
 deliver the same to the directors of said railroad company from 
 time to time as may be required, subject to the several provis- 
 ions of this act. In all cases the scrip shall bear date at the 
 delivery thereof and the proceeds of the same shall be applied 
 by the directors of the company exclusively to the construction ^ 
 and completion of the Kennebec and Portland Railroad and 
 to the payment of debts incurred for that object. 
 
 Sect. 4. Upon the delivery of the scrip as aforesaid, the 
 directors of said company, or the treasurer of the corporation 
 shall execute and deliver to the treasurer of the city or town, 
 for the use of the city or town, furnishing the scrip, the bond 
 of the railroad company in an amount equal to the amount of 
 scrip furnished, payable to such city or town, and conditioned 
 that the company will duly pay the interest on said scrip and 
 will provide for the reimbursement of the principal thereof 
 and hold the city or town (as the case may be) harmless on 
 account of the issue of the same. 
 
 Sect. 5. The directors sliall also, if requii-ed by any city or 
 town, transfer to such city or town upon the delivery of any 
 portion of the scrip as aforesaid, an equal amount in the shares 
 of said company, to be held as security for the faithful per- 
 formance of all the obligations of the company mentioned in 
 this act • and the certificates of such shares shall be delivered 
 to the treasurer of such city or town and credited in the stock 
 book of the company as fully paid up and not subject to assess- 
 ments, but the city or town shall not be taken or held to be a 
 stockholder in the company by reason of the transfer of shares 
 
MAINE CENTRAL RAILROAD. 321 
 
 for the purpose aforesaid, nor shall any dividends be made or cities and 
 
 . , , 1 T • n towns not con- 
 
 paid on the same nor any right to vote on the same be claimed siaered stock- 
 
 or exercised so long as the same shall be held as security as ''"i''®"' 
 
 aforesaid. 
 
 Sect. 6. From and after the issue and delivery to the direct- Lien created on 
 
 ors of any portion of the scrip aforesaid, the several cities and said road to se- 
 
 •' '^ '- _ cure the per- 
 
 towns furnishing the same shall have a lien upon the said rail- formanoe of 
 road and upon all the property and the franchise of tho com- "^ ^' 
 pany (saving a prior lien upon that portion of the road between 
 the junction with the Atlantic and St. Lawrence Railroad in 
 Yarmouth and the junction with the Portland, Saco and Ports- 
 mouth Eailroad in Cape Elizabeth, as conveyed to the trustees 
 of the persons contributing means to make tliat portion of said 
 road,) to secure the performance of the conditions of all the 
 bonds executed and delivered under the provisions of this act, 
 and said lien shall be held by the several cities and towns 
 which may lend their credit to said road, in the proportions 
 which the scrip issued by such cities and towns respectively, 
 shall bear to the whole sum of eight hundred thousand dollars, 
 and be enforced in the manner hereafter mentioned. 
 
 Sect. 7. For the purpose of providing for the reimburse- sinking fund, 
 ment of the principal of the scrip authorized to be issued by 
 this act, a sinking fund shall be established, and shall be under 
 the management of two commissioners, one to be appointed by tom^ageTink- 
 the mayor and aldermen of cities, and the selectmen of towns ingfund, tow 
 
 1 . 1 1 n 1 . T ' 1 1 T /.I appointed. 
 
 which shall accept this act, and one by the directors ot the 
 
 ^ ' . ■^ Amended 1853, 
 
 company, and in case of a vacancy in the place of either, the ciiap. its. 
 same shall be supplied by the party having the right to fill it. 
 Both of the commissioners shall be appointed and qualified qualified, 
 before the delivery to the directors of any of the scrip by said 
 cities or towns. The commissioners shall severally be sworn 
 to the faithful discharge of the duties enjoined upon them, and 
 • each of them shall give bond with satisfactory sureties in the 
 penal sum of ten thousand dollars conditioned for the faithful 
 discharge of his duty as commissioner. Thev shall receive such 
 
 " Compensation, 
 
 compensation as may be estaolished by the directors, which 
 shall be paid to them by the company and shall not be dimin- 
 ished during their continuance in office. 
 
322 
 
 MAINE CENTRAL EAILROAD. 
 
 Sinking fund, 
 how raised. 
 
 Sinking fund, 
 how managed. 
 
 Sinking fund, 
 how appropri- 
 ated. 
 
 Stock held by 
 cities and towns 
 as collateral se- 
 curity, how dis- 
 posed of. 
 
 Sect. 8. Whenever the directors shall receive any portion 
 of the scrip, authorized as aforesaid to be delivered to them, 
 they shall pay to the commissioners two per cent, of the amount 
 of the scrip so delivered, which amount shall be placed by the 
 commissioners to the credit of the sinking fund established by 
 this act. And the directors shall annually in the month of July 
 pay to said commissioners one per cent, of the whole amount 
 of scrip issued and delivered under this act and which shall 
 then be outstanding; but after five years from the delivery 
 and receipt of any portion of the scrip, the said annual pay- 
 ments shall be increased to one and a half per cent, of the 
 amount of the scrip so issued and then outstanding ; and the 
 said annual payments of one per cent, for five years and one 
 and a half per cent, annually thereafter shall be successively 
 placed by the commissioners to the credit of the sinking fund 
 and shall constitiite a part of the sinking fund established by 
 this act. 
 
 Sect. 9. The commissioners shall have the care, custody 
 and management of all the moneys, securities and property 
 belonging to said fund, and may, at their discretion, invest the 
 same in stocks of the United States or of this State, or in any 
 of the scrip authorized by this act; and such scrip shall not 
 thereby be extinguished, but shall be held by the commission- 
 ers, like their other investments, for the purposes of the fimd; 
 and said commissioners may, from time to time, sell and trans- 
 fer any of said securities, and reinvest the proceeds in manner 
 aforesaid. 
 
 Sect. 10. The sinking fund aforesaid, and all the sums 
 which shall be added thereto by accumulation or otherwise, 
 shall be reserved and held inviolate for the redemption and 
 reimbursement of the principal of the scrip authorized by this 
 act, at the maturity thereof, and shall be applied thereto by 
 the commissioners. 
 
 Sect. 11. Any of the shares in the stock of the company, 
 held by any city or town for security, as provided in the fifth 
 section of this act, may be sold and transferred with the con- 
 sent of the treasurer of such city or town, and of the directors 
 of the road, whenever an exchange thereof can be advantage- 
 
MAINE CENTRAL EAILEOAD. 323 
 
 ously made for any of the scrip authorized by this act, or when- 
 ever the scrip can be advantageously purchased with the pro- 
 ceeds of any such sale of such collateral shares; and the scrip 
 BO purchased or taken in exchange, shall thereupon be cancelled 
 and extinguished, and the amount thereof shall be indorsed on 
 the bond of the company given on the issue and delivery of 
 such scrip. 
 
 Sbct. 12. If the directors of the company shall at any time 
 
 . , Treasurers of 
 
 fail to pay to the commissioners of the sinking fund the one oitiee and towns 
 per cent., or the one and a half per cent, required to be paid Beiu^arMof 
 to them in July, annually, or fail to pay the coupons for interest stock in certain 
 on any of the scrip issued under the authority of this act, when 
 due, the treasurer of the cities and towns, respectively, is 
 authorized, at his discretion, after notice to the directors, to 
 sell and transfer so many of the shares held by such city or 
 town for such security, as may be necessary to raise the money 
 to meet such payments. 
 
 Sect. 13. The commissioners shall keep a true record of all 
 their proceedings, and an account of all the sums paid into to keep'reoords 
 the fund, and of the investments of the same; and shall annu- of their pro- 
 
 11 • I 1 i> T 1 1 ceedings, and 
 
 ally in the month of July, report to the mayor and aldermen report annuaUy 
 of cities, and to the selectmen of towns accepting this act, and 
 to the directors of said railroad company, their proceedings for 
 the year, the amount and condition of the fund, and the income 
 of the several parts thereof; and their records and the accounts 
 of the fund, and the securities belonging thereto shall at all 
 times be open to inspection by any committee appointed for 
 'that purpose by the directors «f the company, or by any city 
 or town interested therein. 
 
 Sect. 14. To secure the faithful discharge of the several power of the 
 trusts confided to said commissioners under this act, the ™p'^™'« '=°™^'' 
 
 'to enforce the 
 
 supreme judicial court is hereby empowered, upon the com- duties of said 
 plaint of any city or town interested, or of the directors of said 
 railroad company, against the said commissioners, or either of 
 them, concerning any of their said trusts and duties, by sum- 
 mary process, according to the course of proceedings in equity, 
 to hear and adjudge upon the matter of such complaint, and to 
 issue thereon any suitable writ or process, and make any law- 
 
 commissionera. 
 
324 
 
 MAINE CENTRAL EAILEOAB. 
 
 Shares, &c., to 
 be transferred 
 to the company 
 on redemption 
 of the scrip. 
 
 Commissioners 
 authorized to 
 redeem scrip. 
 
 Mortgage deed 
 to be given to 
 secure lien, 
 &c. 
 
 fill decree to compel the proper discharge and performance of 
 such duties and trusts, and to -remove said commissioners, or 
 either of them. 
 
 Sect. 15. Whenever all the scrip issiied and delivered to the 
 directors of said .company under authority of this act act, shall 
 have been redeemed and cancelled by said company, the shares 
 transferred to the cities and towns, respectively, as collateral 
 security, shall be reconveyed and transferred back to said-.com- 
 pany, and all the moneys, property and securities in the hands 
 of the commissioners -of the sinking fund, shall belong to, and 
 he made over to said company ; but if such scrip shall not 
 have been so paid and cancelled at the matxirity thereof, then 
 said commissioners ehall use the funds and property in their 
 hands to redeem and -cancel such scrip; and upon the-conaple- 
 tion of all the duties enjoined upon the commissioners, their 
 records and accounts shall be deposited with the .railroad com- 
 pany. 
 
 Sect. 16. For the purpose of securing and enforcing the 
 lien upon said road, as provided for in the sixth section of this 
 act, the directors of said railroad company are authorized and 
 required, before receiving any of the scrip authorized by this 
 act, to execute and deliver, for the security of the several cities 
 -and towns^ which may accept this act and loan their credit to 
 said railroad company, a mortgage deed of all their railroad 
 from Portland to Augusta, including the branch -to Bath, and 
 of all the corporate property, real and personal, and of the 
 franchise of said company, (subject to the lien already given 
 on that portion of said road lying between Portland and the 
 junction in Yarinouth,) or such proportion thereof as the sums 
 loaned by said cities and -towns shall bear to the whole amount 
 herein authorized to be loaned, conditioned to save harmless 
 the said cities and towns from all loss or damage by reasion of 
 their so lending their credit ; which mortgage deed may be 
 made to the commissioners of the sinking fund, and to their 
 successors, in trust for the several cities and towns, herein 
 named, which shall accept this act and loan ..their credit to 
 said road, in such proportion to each as they shall severally 
 loan their credit to said road under this act ; and the president 
 
MAINE CENTRAL EAILKOAD. 325 
 
 of said railroad is authorized to execute such mortgage, for and 
 in behalf of the railroad company. 
 
 Sect. 17. For the purpose of foreclosing such mortgage upon 
 the property and franchise of tlie company, it shall be sufficient gi°l^^^g{ ""' 
 for the commissioners of the sinking fund to give notice, 
 according to the mode prescribed in the fifth section of the 
 one hundred and twenty-fifth chapter of the revised statutes, 
 and to be published in any newspaper printed in the city of 
 Bath, and recorded in the office of the register of deeds for 
 the county of Lincoln, within thirty days after the last publi- 
 cation thereof; and if the conditions of said mortgage shall not 
 be performed within three years after such publication, the 
 foreclosure shall be complete, and shall be sufficient to make 
 the title to all the mortgaged property and franchise absolute 
 in the several cities and towns aforesaid, in the proportions 
 for which they respectively may be creditors at the time of the 
 foreclosure; and any transfer of any of the personal property 
 of the company made after publication of such notice to fore- 
 close, without the consent of the said commissioners, shall be 
 wholly void; but lawful transfers and changes of any of the 
 personal property of the company, excepting the franchise, the 
 rails actually laid, and the right of way, may be made notwith- 
 standing such mortgage, before publication of notice of fore- 
 closure as aforesaid ; and all personal property acquired by the 
 company by purchase, exchange or otherwise after the execu- 
 tion of such mortgage shall be covered and held thereby. 
 
 Sect. 18. If the directors of said company shall at any time interest, neg- 
 neglect or omit to pay the interest which may become due '^°'' *"■■ *° 
 
 ■' pay, commia- 
 
 upon any portion of the scrip issued and delivered under the sioners to take 
 provisions of this act, or to make the annual payments thereby road^ X" °' 
 required for the sinking fund, the commissioners of the sinking 
 fund may take actual possession, in the manner herein pro- 
 vided, of the said railroad and of all the property real and 
 personal of the company and of the franchise thereof, and may 
 hold the same and apply the income thereof to make up and 
 supply the deficiency of interest, and amounts payable to the 
 smking fand, and all further deficiencies that may occur while 
 the same are so held by them until such deficiencies shall be 
 
326 
 
 MAINE CENTRAL RAILROAD. 
 
 Notice of po»- 
 eesslon, how 
 given. 
 
 Possession not 
 to affect certain 
 claims. 
 
 Moneys receiv- 
 ed after said 
 notice, how 
 applied. 
 
 Moneys in the 
 hands of treas- 
 urer after re- 
 ceiving written 
 notice, to be 
 paid to commis- 
 sioners. 
 
 Payment to 
 commissioners, 
 vrhen made. 
 
 fully made up and paid. A written notice signed by said com- 
 missioners and served upon the president or treasurer, or any 
 director of the company, or if there are none such, upon any 
 stockholder in the company, stating that the commissioners 
 thereby take actual possession of the railroad and of the prop- 
 erty and franchise of the company, shall be a sufficient actual 
 possession thereof and shall be a sufficient legal transfer of all 
 the same for the purposes aforesaid to said commissioners, and 
 shall enable the commissioners to hold the same against any 
 other transfers thereof and against anj' other claims thereon 
 until such purposes have been fully accomplished ; but such 
 possession shall not be considered as an entry for foreclosure 
 under the mortgage, nor shall the rights of the several cities 
 and towns, or of the company under said mortgage be in any 
 manner affected thereby. 
 
 Sect. 19. All moneys received by or for the railroad com- 
 pany, after notice as aforesaid, from any source whatever, and 
 by whomsoever the same may be received, shall belong to and 
 be held by said commissioners for the benefit of the cities and 
 towns toward their claims in proportion as they may be sever- 
 ally interested, and shall after special notice to the persons 
 receiving the same respectively, be by them paid to the com- 
 missioners, which payment shall be an effectual discharge from 
 all claim of the company therefor ; but if any person without 
 such special notice shall make payment to the treasurer of the 
 company, such payment shall be good against the commis- 
 sioners. All moneys received by the treasurer of the com- 
 pany, after such written notice, or in his hands at the time of 
 such notice shall be by him paid to the commissioners, after 
 deducting the amount expended or actually due for the run- 
 ning expenses of the road, for the salaries of the officers of the 
 company and for repairs necessary for conducting the ordinary 
 operations of the road; but payment to the commissioners shall 
 be made at the end of every calendar month and shall be by 
 them applied to the payment of the interest due as aforesaid, 
 and any annual payments of one per cent., or one and a half per 
 cent., hereinbefore provided for which may be in arrear. And 
 any person who shall pay or apply any moneys received as 
 
MAINE CENTRAL BAILED AD. 327 
 
 aforesaid, in any manner contrary to the provisions aforesaid Liabrntyfor 
 shall be personally liable therefor, and the same may be recov- contrary to the 
 ered in an action for money had and received in the name of ^J^°^^ "^ 
 said commissioners, whose duty it shall be to sue for the same, 
 to be by them held and applied to the purposes aforesaid. 
 
 Sect. 20. If at any time the directors of said railroad com- 
 pany shall virish to sell and convey any of the property mort- ^o'^saged 
 gaged to said cities and tov^ns not vs^ithin the lines of the rail- of, &c. 
 road as located, and vfhich may not be necessary for the 
 operation of said railroad, and shall obtain the written consent 
 of the commissioners of the sinking fund that such sale may 
 be made, they may make such sale or sales on condition that 
 the proceeds thereof be paid or secured to said commissioners 
 to be by them added to and preserved as a part of the sinking 
 fund for the purposes aforesaid, and when any sales are so 
 made, the purchaser or purchasers shall hold the property so 
 purchased free from the claim of said cities and towns. 
 
 Sect. 21. This act shall take effect and be in force from and 
 after its approval by the governor. Afproved August 17, 
 1850. 
 
 LAWS OP 1851, CHAP. 447. 
 
 Be it enacted, die. Sect. 1. The board of directors of said 
 company hereafter to be chosen shall be not less than seven 
 directors and that the secretary and treasurer shall not be 
 required to be elected from their own body. Approved June 
 3, 1851. 
 
 LAWS OP 1853, CHAP. 178. 
 
 An act to authorize the commissioners of the sinking fund as provided in CommisBioners 
 chapter three hundred and seventy-nine, section seven of the special acts of sinking 
 of eighteen hundred and fifty to make certain investments of said fund. ^''''*- 
 
 Beitenacted,(&c. Sect. 1. The commissioners of the sink- 
 ing fund provided for in the act above named to which this is tmSners 
 additional are hereby authorized to invest said fund or any to »ivest funds 
 
 , , 1 „ . , . . ■'in scrip or notes 
 
 part tnereoi m the scrip or notes issued by any county in this of any county 
 State or in the stock issued to the contributors of that portion '"''^'S'**'- 
 
328 
 
 MAINE CENTRAL RAILROAD; 
 
 of the road between the junction with the Atlantic and St. 
 tiraof'the^roa'd I'^^'^rence Eailroad in Yarmonth, and the junction with the 
 prior to certain Portland, Saco, and Portsmouth Railroad in Cape Ehzabeth, 
 
 upon which said contributors hold a lien prior to the cities and 
 
 towns named in said act. 
 
 Sect. 2. Thisact shall take effectfrom and after its approval 
 
 by the governor. Approved March 30, 1853. 
 
 cities and 
 towns. 
 
 When 
 
 approacMng the 
 blind crossing, 
 engineman to 
 reduce speed. 
 
 Penalties. 
 
 LAWS OF 1857, CHAP. 95. 
 
 An act to secure the safety of the public travel at Sewall's crossing in the 
 
 city of Bath. 
 
 Be it enacted, dec. Sect. 1. Whenever any engineman in 
 charge of any locomotive engine with the train attached, or run- 
 ning without a train, shall approach the railroad crossing near 
 Sewall's mills, in the city of Bath, on the Kennebec and Port- 
 land Railroad leading from Brunswick to said Bath, known as 
 the "blind crossing," it shall be the duty of said engineman to 
 reduce the speed of his engine at some point within the dis- 
 tance of two hundred feet from said crossing, and to pass over 
 said crossing at a rate of speed not exceeding six miles per 
 hour, and ring the bell of said engine till it and the train has 
 passed said crossing. 
 
 Sect. 2. For every violation of this act, the engineman so 
 offending shall forfeit the sum of one hundred dollars, and 
 said corporation, the sum of two hundred dollars, to be recov- 
 ered by indictment in the county of Sagadahoc, one-half for 
 the use of the person prosecuting, and the other half for the 
 use of said county. Approved April 13, 1857. 
 
 LAWS OF 1857, CHAP. 106. 
 
 An act additional to an act to incorporate the Kennebec and Portland 
 Railroad Company. 
 
 Be it enacted, t&c. Sect. 1. The Kennebec and Portland 
 
 Authorized to Railroad Company is hereby authorized, at any time within 
 
 three years after the passage of this act, to alter the location 
 
 of its road, or any part of it, between a point in its present 
 
 alter location. 
 
MAINE CENTKAL RAILEOAD. 
 
 329 
 
 track, on the southerly side of the road leading from Bram- 
 hall's hill to Libby'a corner, ,said road being a continuation of 
 Congress street, in the city of Portland, and the junction of 
 said Kennebec and Portland railroad with the Portland, Saeo 
 and Portsmouth railroad in Cape Elizabeth, so as to avoid 
 crossing Fore river, and connect with the Portland, Saco and 
 Portsmouth railroad, in Portland. And said company is j,„jtjjgj 
 further authorized, in case the aforesaid alteration shall be authorizea. 
 made, to alter the location of its road, within the time afore- 
 said, between the southerly side of the county road leading 
 from Deering's bridge by the dwelling house of the late James 
 Deering, in Westbrook, to Saccarappa village, and the north- 
 erly side of its road leading from said Deering's bridge to the 
 junction in Qape Elizabeth aforesaid, so as to avoid crossing 
 said bridge; provided, that said location shall upon the upland Pro™o. 
 be confined to the field east of the Haley house, and last owned 
 by Harriet Deering; and that the track in the cove shall be an 
 open bridge, so constructed as not unnecessarily to obstruct 
 the passage of the water in said cove; and provided, further, 
 that said company, in exercising the rights granted by this act, 
 shall be subject to all the provisions of existing laws in rela- 
 tion to railroads and railroad companies. 
 
 Sect. 2. If in making such change of location it shall be 
 found absolutely necessary to take part of Canal street, in location, by 
 
 •' ■' "^ ' consent of city, 
 
 Portland, and the inhabitants of said city shall consent thereto, &c. 
 at a legal meeting called for that purpose, the said company is 
 authorized to locate and make a part of its railroad along and 
 upon, part of said Canal street, upon such terms and conditions 
 as the city government in writing shall require of them prior 
 to such location along and upon said Canal street. And no 
 such location shall be legal without entire compliance with 
 such terms and conditions ; and provided, always, that in mak- 
 ing such change of location, the said company shall not locate 
 any part of its railroad so as to interfere with the rights here- 
 tofore granted to the Lake Sebago Railroad Company, or any 
 other corporation, without the written consent of said corpora- 
 tions first obtained. 
 Sect. 3. Said railroad company is hereby made subject to 
 21 
 
330 
 
 MAINE CENTRAL KAILROAD. 
 
 Subject to gen- 
 eral laws. 
 
 Clerk to file 
 certificate. 
 
 all the general laws of the State relating to railroads, and it 
 shall not have the benefit of any of the provisions of this act 
 until the clerk of said company shall file in the office of the 
 secretary of State, a certificate, signed and sworn to by him, 
 that this act has been accepted by a vote of the stockholders at 
 a meeting thereof. Approved April 14, 1857. 
 
 Authorized to 
 change location 
 of road. 
 
 —curve of new 
 location 
 defined. 
 Proviso. 
 
 Further 
 proviso. 
 
 Further change 
 oflocation. 
 
 LAWS OF 1862, CHAP. 182. 
 
 An act additional to "an act to incorporate the Kennebec and Portland 
 Railroad Company." 
 
 Be it enacted, &c. Sect. 1. The Kennebec and Portland 
 Eailroad Company is hereby authorized at any time, within 
 three years, to alter and change the location of their road from 
 such point thereof between Deering's bridge and Grove street 
 in Portland, and the York and Cumberland Railroad in West- 
 brook, as shall make the curve of the new location hereby 
 authorized of a radius of six hundred and thirty-seven feet at 
 grade, or of ten hundred feet; provided, said railroad passes 
 under the county road, and the said com pany in exercising the 
 rights and privileges granted by this act, shall be subjed to all 
 the provisions of existing laws in relation to railroads and rail- 
 road companies ; also, provided, that a sufficient sluiceway for 
 the passage of the water in the mill pond shall be made, bat 
 said railroad shall not cross the highway leading from Port- 
 land to Saccarappa, at grade, without the consent of the com- 
 missioners of Cumberland county. 
 
 Sect. 2. Said Kennebec and Portland railroad company is 
 also authorized to change their location so as to run from the 
 angle of Canal street across the Portland, Saco and Ports- 
 mouth railroad in Portland, to the lot lately purchased of Tyler 
 and Kice for a station, with one or more tracks, instead of 
 running into the depot of the Portland Saco and Portsmouth 
 road. Approved March 15, 1862. 
 
 A full history of the foreclosure of the bonds issued by the Kennebec and 
 Portland Eailroad Company may be found in flfty-nine Maine Keporte, 
 page nine. See also volume fourteen Wallace Reports, page twenty-three. 
 
-location. 
 
 MAINE CENTRAL RAILROAD. 331 
 
 LAWS OF 1864, CHAP. 295. 
 
 An act additional to incorporate the Portland and Kennebec Railroad 
 Company. 
 
 Be it enacted, i&c. Sect. I. The Portland and Kennebec Authorized to 
 Kailroad Company is hereby authorized at any time within ''"'**® '''^• 
 three years to locate its road from, a point in the track of the 
 York and Cumberland railroad, about iive hundred feet north- 
 erly of the intersection of said railroad with the north line of 
 the road leading from Deering's bridge to Saccarappa, and 
 thence on a radius of seven hundred and twenty-five feet to a 
 post in the westerly corner of the Haley house lot ; thence on 
 the same radius to a point ten and one-half feet from the 
 fifteenth and last tree in a row of elm trees running across the 
 Deering field and near the mill pond ; thence by said radius 
 till it intersects the present track of the Portland and Kenne- 
 bec Railroad on the southerly side said mill pond, the line 
 described, being the central line of said location, which is not 
 to exceed three rods in width, except the same shall be neces- 
 sary for slopes or fills, and the track of said road to be so 
 constructed as not to obstruct the fiow or refiow of tide water, 
 nor materially to diminish the capacity of said mill pond at 
 any season of the year. Said road leading from Saccarappa 
 shall be crossed at grade, and subject to such regulations as 
 may be prescribed by the county commissioners of Cumberland 
 county. 
 
 Sect. 2. Said Portland and Kennebec Railroad Company is 
 also authorized to change the location of its track from a point change loca- " 
 in its present line, north of Danforth street in Portland, cross- "™- 
 ing under said street, and thence along the line of the Cum- 
 berland and Oxford canal, and to the depot of the Portsmouth, 
 Saco and Portland Railroad Company in Portland : provided, 
 that in crossing under Danforth street said company shall con- 
 form to such regulations as shall be prescribed by the govern- 
 ment of the city of Portland ; and this act shall take effect on 
 its approval by the governor. Approved January 27, 1864. 
 
 — how con- 
 structed. 
 
 Proviso. 
 
332 
 
 MAINE CENTRAL RAILROAD. 
 
 Authorized to 
 extend, &c., 
 road in Bath. 
 
 Ijocation. 
 
 ProYiso. 
 
 Authorized to 
 locate road 
 from depot to 
 certain wharvea 
 
 —if allowed by 
 city council. 
 
 Not to be deem- 
 ed an encum- 
 brance. 
 
 LAWS OF 1864, CHAP. 330. 
 
 An act authorizing the Portland and Kennebec Railroad Company W 
 extend their road in Bath. 
 
 Be it enacted, c&c. Sect. 1. The Portland and Kennebec 
 Railroad (Jompany is hereby authorized to locate and extend 
 its railroad along and upon the whole or any part of Commer- 
 cial street, in the city of Bath, in the county of Sagadahoc, 
 from a point at or near the depot of said company in said city, 
 provided, the city council of said city at any legal meeting 
 thereof, shall consent thereto, and upon such terms and condi- 
 tions as the said city council shall prescribe. 
 
 Sect. 2. The said railroad company is hereby authorized to 
 locate their said railroad from their said depot or their said 
 extension to and upon any wharf or wharves north or south of 
 their said depot, as the said city council shall at a legal meeting 
 thereof, allow, and under such terms,- conditions and restrictions 
 as the said city council shall prescribe and determine. 
 
 Sect. 3. The extension of the said railroad authorized by 
 this act shall not be deemed an encumbrance of any street 
 through or upon which it may be located by virtue of this act, 
 and the said company in exercising the rights granted by this 
 act shall be subject to all the provisions of existing laws relat- 
 ing to railroads and raiboad companies. Approved February 
 29, 1864. 
 
 LAWS OF 1864, CHAP. 391. 
 
 An act to authorize the Portland and Kennebec Railroad Company to 
 extend the track of its road in Augusta. 
 
 Authorized to Be it enacted, C&C. Sect. 1. The Portland and Kennebec 
 extend track of Railroad Company is hereby authorized to extend the track of 
 
 said road from its depot in Augusta to Laurel street in said 
 
 city. 
 
 Sect. 2. No rights heretofore granted to the Somerset and 
 
 Kennebec Railroad Company shall be impaired by this act; 
 
 nor shaU any location under it be made upon land located upon 
 
 by said Somerset and Kennebec Railroad Company; nor shall 
 
 road. 
 
 S. and Ken. B. 
 K., rights of 
 not to be im- 
 paired. 
 Location. 
 
MAINE CENTRAL RAILROAD. 3S3 
 
 this act extend tlie right to use the road of the last named 
 company after the expiration of the lease between the two 
 corporations before named. 
 
 Sect. 3. Thisact shall be subiect to the provisions of chapter subject to pro- 
 
 visions of 
 
 fifty-one of the revised statutes, relating to railroads. chap. bi, k. s. 
 
 Sect. 4. This act shall take effect when approved. Ap- 
 proved March 23, 1864. 
 
 LAWS OF 1864, CHAP. 411. 
 
 An act to enable stookliolders in the Kennebec and Portland Railroad 
 Company to call a meeting for the choice of officers. 
 
 £eii enacted, c&c. Sect. 1. In case of an omission to call 
 the annual meeting; of the Kennebec and Portland Railroad Kennebec and 
 
 „ , ■,, .»., , Portland B.K. 
 
 Company the current year by the persons, it any in whom the co., annual 
 power to call such meeting now rests, any justice of the peace ^^^^^^"^^^ 
 for the county of Kennebec, Cumberland or Sagadahoc, upon 
 written application made to him for the purpose, by three 
 stockholders in the said company, at any time during the present 
 year, may issue his warrant to either of such applicants direct- 
 ing him to call a meeting of the said corporation at some suita- 
 ble place within either of the said counties, to be named by 
 the said justice, and at such time as the said justice shall appoint 
 for the election of the officers thereof, by publishing in a news- .„ 
 paper printed in each of the said counties, and in the State paper, election of. 
 seven days at least before the day fixed for the meeting, a 
 notice setting forth the time, place and purpose of such meeting. 
 Sect. 2. All officers duly elected at such meeting are to hold 
 their respective offices and their official acts are to be consid- 
 ered legal until other officers are legally chosen and qualified 
 in their stead. 
 
 LAWS OF 1865, CHAP. 430. 
 
 An act additional to incorporate the Portland and Kennebec Railroad 
 
 Company. 
 
 Be it enacted, c&c. Sect. 1. The Portland and Kennebec 
 Railroad Company, is hereby authorized so to locate its track, track. 
 
 Term of office. 
 
334 
 
 MAINE CENTRAL EAILEOAD. 
 
 Co. commis- 
 sionerB to 
 establish 
 regulations as 
 
 to streets 
 
 May issue stock 
 to raise funds 
 in construction 
 of roaas, &c. 
 
 May raise funds 
 by bonds. 
 
 Shall transport 
 freight and 
 passengers of 
 York and Cum- 
 berland road. 
 
 hetween Morrill's corner in Westbrook and its new depot in 
 Portland, as to pass west of the dwelling house of the late 
 James Deering in Westbrook. Streets crossed at grade shall 
 be subject to such regulations as to crossing, as may be from 
 to time prescribed, by the county commissioners for the county 
 of Cumberland. Said company may issue its stock to raise 
 funds with which to construct said road, and make improve- 
 ments upon other portions of its line, and equipments, and to 
 extinguish prior incumbrances on said road, which stock shall 
 stand, in all respects, like the stock of said company issued 
 upon the bonds and coupons of the Kennebec and Portland 
 Railroad Company, dated October fifteen, eighteen hundred 
 fifty-two ; and may also raise funds by loan for like purposes, 
 which shall stand secured upon the whole line of said road, 
 subject only to existing mortgages. 
 
 Sect. 2. Said corporation shall, on request, transport the 
 freight and passengers coming from, or going to the York and 
 Cumberland Railroad, or any other connecting railroad, at aU 
 reasonable times, and for a toll not exceeding its ordinary 
 rates. 
 
 Sect. 3. This act shall take effect from its approval by the 
 governor. Approved January 28, 1865. 
 
 THE SOMERSET AND KENNEBEC RAILROAD 
 
 extends from Augusta to Skowhegan, thirty-seven and three-quarters 
 miles and is leased to the Maine Central Railroad for nine hundred and 
 ninety-nin^ years from the first day of June, 1870. 
 
 Corporators. 
 
 LAWS OF 1848, CHAP. 186. 
 An act to incorporate the Somerset and Kennebec Railroad Company. 
 
 Be it enacted, c&o. Sect. 1. That 'William E. Flint, James 
 T. Leavitt, Stephen Weston, of Madison, Daniel Stewart, Judah 
 McLellan, James B. Dascomb, Drummond Parnsworth, John 
 S. Tenney, John S. Abbot, Moses Littlefield, Henry P. Pratt, 
 
MAINE CENTRAL EAILEOAD, 335 
 
 Franklin Smith, Elislia Coolidge, William Lowell, Horatio 
 
 Gross, "William Rowell, Chandler Baker, Joseph Spaulding, 
 
 Charles B. Foster, William Conner, Ezra Totman, B. K. J. 
 
 Porter, B. T. Pensmore, and Abner Coburn, Daniel Bunker, 
 
 George C. Getchell, of North Anson, Thomas H. Weston, 
 
 Nathan Weston, of West Madison, James M. Hilton, of Starks, 
 
 Alphetts Lyon, Ivory Low, Joseph S. Clark, of Fairfield, David 
 
 White, W. M. E. Brown, of Solon, Edward Webster, of Car- 
 
 ratunk, Moses E. Pike, of Norridgewock, Edward McLellan, 
 
 Hiram Getchell, of Skowhcgan, Daniel Snow, of Bloomfield, 
 
 their associates, saccessors, and assigns, are hereby made and 
 
 constituted a body politic and corporate, by the name of the 
 
 Somerset and Kennebec Railroad Company, and by that name corporatename 
 
 may sue and be sued, plead and be impleaded, and shall have 
 
 and enjoy all proper remedies at law and in equity to secure 
 
 and protect them in the exercise and use of the rights and 
 
 privileges and in the performance of the duties hereinafter 
 
 granted and enjoined, and to prevent all invasions thereof or 
 
 interruptions in exercising and performing the same. And Authorized to 
 
 the said corporation are hereby authorized, and empowered to ^^ rairoa , 
 
 locate, construct, and finally complete, alter, and keep in repair 
 
 a railroad with one or more sets of rails, or tracks, with all ^ ^^■' '^'■ 
 
 suitable bridges, tunnels, viaducts, turnouts, culverts, drains, 
 
 and all other necessary appendages, from some point in the 
 
 county of Somerset at or near Carratunk falls, thence down Bo„te of road. 
 
 the valley of the Kennebec river through either of the towns 
 
 adjacent to said river, passing through the villages in the towns 
 
 of North Anson, Norridgewock, Bloomfield or Skowhegan, and 
 
 Kendall's Mills, in Fairfield, to the town of Waterville near 
 
 the Tieonic falls in the county of Kennebec; with the right to 
 
 connect with the Androscoggin and Kennebec Railroad at Authorized to 
 
 Waterville, and the right to connect with the Penobscot and ™""«<"-^'t'' 
 
 ~rj- -, .„-. certain other 
 
 Kennebec, or the Belfast and Waterville Railroad at some raiiroada. 
 some convenient point in the town of Sebasticook or Clinton, 
 and with the right to extend their said railroad, on either side 
 of the Kennebec river, and to connect the same with the Ken- 
 
 , Change of route 
 
 nebec and Portland railroad at some point in Augusta, north authorized i87i, 
 of the Kennebec bridge, if the Penobscot ^and Kennebec Rail- is^fc'Sl 
 
336 
 
 MAINE CENTRAL RAILROAD. 
 
 Amended 1853, 
 chap 5. 
 
 Powers, privi- 
 leges and im- 
 munities. 
 
 Power to talse 
 land. 
 
 Riglit to tal:e 
 and hold real 
 estate. 
 
 Right to take 
 materials. 
 
 Proviso. 
 
 Corporation 
 shall pay for 
 land and mate- 
 rial taken. 
 
 Damages, how 
 determined, in 
 case of disagree- 
 ment. 
 
 Application for 
 damages to be 
 made within 
 three years. 
 
 Right of com- 
 pany to remove 
 trees liable to 
 obstruct road. 
 
 Compensation 
 for. 
 
 road Company shall not locate and make their railroad to 
 Augusta within the times limited in their charter for so doing. 
 And said corporation shall be and hereby are invested with all 
 the powers, privileges, and immunities, whicl^ are or may be 
 necessary to carry into effect the purposes and objects of this 
 act as herein set forth. And for this purpose said corporation 
 shall have the right to purchase, or to take and hold so much 
 of the land and other real estate of private persons and cor- 
 porations as may be necessary for the location, construction, 
 and convenient operation of said 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 ; provided, however, that said land so taken shall not 
 exceed six rods in width except where greater width is neces- 
 sary for the purpose of excavation or embankment ; ?i,nA pro- 
 vided also, that in all cases said corporation shall pay for siich 
 lands, estate, or material 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 ascer- 
 tained 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 limita- 
 tions as are by law provided in the case of damages by the 
 laying out of highways. And the land so taken by said cor- 
 poration shall be held as lands taken and appropriated for 
 highways. And no application to said commissioners to esti- 
 mate said damages shall be sustained unless made within three 
 years from the time of taking such land or other property; 
 and in ease such railroad shall pass through any woodlands, 
 or forests, the said company shall have a right to fell or remove 
 any trees standing therein within four rods of such road, which 
 by their liability to be blown down, or from their natural fall- 
 ing, might obstruct, or impair said railroad, by paying a just 
 compensation therefor ; to be recovered in the same manner as 
 provided for the recovery of other damages in this act. 
 Sect. 2. The capital stock of said corporation shall ccrasist 
 
MAINE CENTRAL RAILROAD. 337 
 
 of not less than fifteen hundred nor more than eight thousand capital stock 
 
 shares; and the immediate government and direction of the 
 
 affairs of said corporation shall be vested in nine, eleven, or Government 
 
 thirteen directors, who shall be chosen by the members of said tors. 
 
 corporation in the manner hereinafter provided, and shall hold Directors, how 
 
 their oiBee until others shall have been duly elected and qualified _term of office 
 
 to take their place, a majority of whom shall form a quorum for the Quorum. 
 
 transaction of business, and they shall elect one of their number 
 
 to be president of the corporation, and shall have authority ^"sident. 
 
 to choose a clerk who shall be sworn to the faithful discharge cierk. 
 
 of his duty ; and a treasurer who shall be sworn, and also give Treasurer. 
 
 bonds to the corporation with sureties to the satisfaction of the Bond. 
 
 directors in a sum not less than ten thousand dollars, for the 
 
 faitl^ul discharge of his trust. And for the purpose of receiv- 
 
 iflg' subscription to the said stock, books shall be opened iinder 
 
 the direction of the persons named in the first section of this stock books to 
 
 J^ be opened'. 
 
 act, at such time as they may determine, in the towns of North 
 Anson, Norridgewock, Skowhegan, and Waterville and else- 
 where as they shall appoint, to remain open for five successive 
 days, at least, of which time and place of subscription public 
 notice shall be given in one or more of the newspapers printed Notice of, to be 
 in the county of Somerset or in the county of Kennebec, ten 
 days at least before the opening of such subscription. And 
 any seven of the persons named in the first section of this act 
 are hereby authorized to call the first meeting of said corpora- 
 tion for the choice of directors and organization, by giving Meeting for 
 
 ... 11.111 1 organization. 
 
 notice m one or more newspapers published as above named, 
 of the time and place and the purposes of such meeting, at . 
 least fourteen days before the time mentioned in such notice. 
 
 Sect. 3. When said corporation shall take any land or other 
 estate as aforesaid of any infant, person non compos mentis, or ^^^^ '*"'* '» 
 
 •' ' "^ -^ ' taken of infant, 
 
 leme cover.t whose husband is under guardianship, the guardian person non 
 
 of such infant or person non compos mentis, and such feme ^"^"^ mentis, 
 
 covert, with the guardian of her husband, shall have full power 
 
 and authority to agree and settle with said corporation for 
 
 damages or claims by reason of taking such land and estate as / 
 
 aforesaid, for damages and give good and valid releases and 
 
 discharges therefor. 
 
338 
 
 MAINE CENTRAL RAILROAD. 
 
 President and 
 directors to ex- 
 ercise all pow- 
 ers necessary 
 to carry into 
 effect objects of 
 this grant. 
 
 Assessments. 
 45 Me., 532. 
 
 Assessments, 
 notice of. 
 
 — non-payment 
 of. 
 
 Shares may be 
 sold. 
 
 Delinquent 
 
 stockholders, 
 
 liability. 
 
 ; Proviso. 
 
 'Toll granted. 
 
 Sect. 4. 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 corpo- 
 ration for the purpose of locating, constructing, and completing 
 said railroad, and for the transportation of persons, goods, and 
 property of all descriptions, and all such powers and authority 
 for the management of the affairs of the corporation as maybe 
 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 
 assessment from time to time on all the shares in said corpo- 
 ration as they may deem expedient apd necessary in the execu- 
 tion and the 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 sub- 
 scriber 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 by-laws of the 
 corporation, the directors may order the treasurer to sell snch' 
 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 
 subscriber, or stockholder shall be held accountable to the cor- 
 poration 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 ; provided, however, that no assess- 
 ment shall be laid upon any shares in said corporation, of a 
 greater amount in the whole than one hundred dollars. 
 
 Sect. 5. A toll 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 by 
 them upon said road, at such rate 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 con- 
 
MAINE CENTRAL RAILROAD. 339 
 
 struction of wheels, the form of cars, and carriages, the weights construction of 
 of loads, and all other matters and things in relation to said rjages and 
 road, shall be in conformity with siich rules, regulations, and weight of loads, 
 provisions as the directors shall from time to time prescribe 
 and direct. 
 
 Sect. 6. The legislature may authorize any other company 
 or companies to connect any other railroad, or railroads, with connections 
 the railroad of said corporation, at any points on the route of witu otiier raii- 
 said railroad. And said corporation shall receive and trans- 
 port all persons, goods, and property, of all descriptions, which 
 may be carried and transported to the railroad of said corpora- 
 tion, on such other railroads as maybe hereafter authorized to 
 be connected therewith, at the same rates of toll and freight, 
 as may be prescribed by said corporation, so that the rates of 
 freight and toll of such passengers, goods, and other property 
 as may be received from such other railroads so connected with 
 said railroad as aforesaid, shall not exceed the general rates of 
 freight and toll on said railroad received for freight and pas- 
 sengers at any of the deposits of said corporation. 
 
 Sect. 7. If any railroad in the course thereof shall cross any 
 
 , . , • 1 m . ^"^ 'o obstrnct 
 
 private way, the said corporation shall so construct said rai'l- useofanypri- 
 road as not to obstruct the safe and convenient nse of such ^t^^fy-^^ai' 
 
 tumpilce or 
 
 private way ; and if the said railroad shall in the course thereof, otter highway. 
 , cross any canal, railroad or other highway, the saidrailroad shall 
 be 80 constructed as not to obstruct the safe and convenient use 
 of such canal, or highway ; and the said corporation shall have 
 power to raise or lower such highway, or private way ; so that 
 the said railroad, if necessary, may conveniently pass over or 
 under the same, and erect such gate or gates thereon, as may 
 be necessary for the safety of travellers on said railroad, high- 
 way, or private way, and shall keep all bridges and embank- 
 ments necessary for the same in good repair. 
 
 Sect. 8. Said railroad corporation shall erect and maintain 
 substantial, legal and sufficient fences on each side of the land fr^cted.*" "^ 
 taken by them for their railroad, where the same passes through 
 enclosed or improved lands, or lands that may be hereafter 
 improved. 
 Sect. 9. The said corporation shall at all times, when the 
 
340 
 
 MAINE CENTRAL RAILROAD. 
 
 Holden to 
 transport U. S. 
 mail. 
 
 Compensation. 
 
 Bound to keep 
 road in good 
 repair. 
 
 Lien created for 
 toll. 
 
 Corporation 
 may continue 
 their road by 
 complying witli 
 requirements' 
 of this act. 
 
 Proviso. 
 
 Malicious mis- 
 chief and tres- 
 pass. 
 
 Penalty, 
 
 postmaster general shall require it, be holden to transport the 
 mail of the United States from and to such place or places on 
 said road as maybe required, for a fair and reasonable compen- 
 sation. And in case the corporation and the postmaster general 
 shall be unable to agree upon the compensation aforesaid, the 
 legislature of the State shall determine the same. And said 
 corporation, after they shall commence the receiving of tolls, shall 
 be bound at all times to have said railroad in good repair, and 
 a sufficient number of suitable engines, carriages, and vehicles, 
 for transportation of persons, and articles, and be obliged to 
 receive at aU 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. And said corporation, falfiUing on its part all and sin- 
 gular the several obligations and duties by this section imposed 
 and_ enjoined upon it, shall not be held or bound to allow any 
 engine, locomotive, cars, carriages, or other vehicle for the 
 transportation of persons or merchandise to pass over said raE- 
 road, other than its own, furnished and provided for that pur- 
 pose as herein enjoined, and required; provided, however, 
 that said corporation shall be imder obligations to transport 
 over said road, the passenger and other cars of any other incor- 
 porated company that may hereafter construct a railroad con- 
 necting with that hereby authorized, such other company 
 being subject to all the provisions of the fifth and sixth sections 
 of this act as to rates of toll, and all other particulars^ enu- 
 merated in said sections. 
 
 Sect. 10. If any person shall wilfully, maliciously, or wan- 
 tonly, and contrary to law, obstruct the passage of any carriages 
 on such railroad, or in any way spoil, injure or destroy said 
 railroad, or any pai-t thereof, or anything belonging thereto, 
 or any materials, or implements to be employed in the con- 
 struction of, or for the use of said road, he, she, or they, or 
 any person or persons assisting, aiding, or abetting such tres- 
 pass, shaU 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 
 
MAINE CENTRAL RAILROAD. 341 
 
 the same, by the treasurer of the corporation, or other officer 
 whom they may direct, to the use of said cjorporation. And 
 such offender or offenders shall be liable to indictment by the 
 grand jury of the county within which trespass shall have been 
 committed, for any offence or offences contrary to the above 
 provisions; and upon conviction thereof before any court com- 
 petent to try the same, shall pay a fine not exceeding five hun- 
 dred dollars, to the use of the State, or may be imprisoned for 
 a term not exceeding five years, at the discretion of the court, 
 before whom such conviction may be had. 
 
 Sect. 11. Said corporation shall keep in a book for that 
 purpose, a regular account of all their disbursements, expendi- Books of ' 
 tures, and receipts, and the books of said corporation shall at disbursementB. 
 all times be open to the inspection of the governor and council, 
 and of any committee duly authorized by the legislature, and 
 at the expiration of every year the treasurer of said corpora • 
 tion, shall make an exhibit under oath to the legislature of the 
 profits derived from the income of said railroad. 
 
 Sect. 12. All real estate purchased by said corporation, for 
 the use of the same, under the fourth section of this act, shall Taxation of real 
 
 estate. 
 
 be taxable to said corporation by the several cities, towns, and 
 
 plantations, in which said land lies, in the same - manner as 
 
 lands owned by private persons, and shall in the valuation list, 
 
 be estimated the same as other adjacent lands of the same valuation. 
 
 quahty, in such city, town,, or plantation, and not otherwise, 
 
 and the shares owned by the respective stockholders, shall be 
 
 _ ./ i Shares deemed 
 
 deemed personal estate, and be taxable as such to the owners personal estate. 
 thereof, in the places where they reside, and have their homes. 
 And whenever the net income of said corporation shall have 
 amounted to ten per centum per annum upon the cost of the 
 road, and its appendages and incidental expenses, the directors come shaii 
 shall make a special report of the fact to the legislature, from amount to ten 
 and after which time one moiety or such other portion as the 
 legislature may from time to time determine of the net income 
 of said railroad, accruing thereafter, over and above ten per 
 centum per annum, first to be paid to the stockholders, shall 
 annually be paid over by the treasurer of said corporation as a 
 tax into the treasury of the State, for the use of the State; 
 
342 
 
 MAINE CENTRAL RAILROAD. 
 
 Annual meet- 
 ing. 
 
 Directors, how 
 chosen. 
 
 Special meet- 
 ings. 
 
 Power of legis- 
 ture to inquire 
 into doings of 
 said corpora- 
 tion, (So. 
 
 43 Me., 356. 
 
 Time for locat- 
 ing and com- 
 pleting said 
 road. 
 
 Forfeiture of 
 this act. 
 
 and the State may have and maintain an action against said 
 corporation therefor, to recover the same; but no othei: tax 
 than herein is provided shall ever be levied or assessed on said 
 corporation or any of their privileges or franchises. 
 
 Sect. 13. The annual meeting of the members of said cor- 
 poration shall be holden on the first Monday in August, or 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall appoint, 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor by himself or proxy being entitled to as many votes 
 as he holds shares ; 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. 14. The legislature shall at all times have the right to 
 inquire into the doings of the corporation and into the man- 
 ner in which the privileges and franchises herein and hereby 
 granted may have been used and employed by said corpora- 
 tion ; and to correct and prevent all abuses of the same and to 
 pass any laws imposing fines and penalties upon said corporar 
 tion which may be necessary more effectually to compel a 
 compliance with the provisions, liabilities, and duties, herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabilities, or obligations. 
 
 Sect. 15. If the said corporation shall not have been organ- 
 ized 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 hun- 
 dred and fifty-two, or if the said corporation shall fail to com- 
 plete said railroad to North Anson, on or before the thirty-first 
 day of December, in the year of our Lord one thousand eight 
 hundred and fifty-eight, in either of the above-mentioned 
 cases this act shall be null and void.- Approved August 10, 
 1848. 
 
MAINE CENTRAL RAILROAD. 343 
 
 LAWS OF 1852, CHAP. 555. 
 
 An act to alter the charter for the Somerset and Kennebec railroad by 
 extending the time for locating and making the same. 
 
 Location, wlien 
 
 Boad, trhen to 
 
 Be it enacted, <&c. If the Somerset and Kennebec Eailroad 
 Company shall not have been organized, and a location from 
 its southern terminus, to Bloomiield or Skowhegan, duly made and filed 
 made and filed with the county commissioners of the counties 
 through which it may pass, on or before the thirty-first day of 
 December in the year one thousand eight hundred and fifty- 
 four, or if the said company shall not construct and complete 
 said portion of their road on or before the thirty-first day of 
 December in the year one thousand eight hundred and sixty- 
 two, then the charter of said company shall be void, but other- ^^ completed, 
 wise it shall continue in force. Approved April 5, 1852. 
 
 I LAWS OF 1853, CHAP. 5. 
 
 All act additional to an act to incorporate the Somerset and Kennebec 
 Kailroad Company. 
 
 Be it enacted, dhc. Sect. 1. The said act is hereby amended 
 in the first section thereof, and in the second period of said 
 section, by striking out the words "in the town of Sebasticook Act, how 
 and Clinton," and by further striking out, at the end of said 
 period or sentence, the words "if the Penobscot and Kennebec 
 Eailroad Company shall not locate and make their railroad to 
 Augusta, within the time limited in their charter for so doing," 
 so that the period or sentence after the words "Androscoggin 
 and Kennebec Eailroad at Waterville," shall read as follows : 
 and the right to connect with the Penobscot and Kennebec, ■*■<>*> ^ 
 and the Belfast and "Waterville roads, at some convenient point, 
 and with the right to extend their said railroad on either side 
 of the Kennebec river and to connect the same with the Ken- 
 nebec and Portland Railroad, at some point in Augusta, north 
 of the Kennebec bridge. 
 
 Sect. 2. This act shall take efiect from and after its appro- 
 val by the governor. Approved February 5, 1853. 
 
 amended. 
 
 amended. 
 
344 MAINE CENTRAL KAILROAD. 
 
 LAWS OF 1871, CHAP, 622. 
 
 An act to authorize the Somerset and Kennebec Bailroad Company to 
 connect its railroad with the Maine Central Railroad in the town of 
 Waterville. 
 
 Be it enacted, c&c. Sect. 1. The Somerset and Kennebec 
 s. & K. Bail- Railroad Company is hereby aathorized to connect its rail- 
 authorized to Toad with the Maine Central Railroad, in the town of Water- 
 road wuum c '^il^^j ^y commencing at a point near the west end of the rail- 
 Hailroadin road bridge over the Kennebec river, and thence running 
 northerly to a point on the Maine Central Railroad near the 
 dwelling-house of Samuel K. Smith in said Waterville ; the 
 land to be taken in conformity to the laws of this State, and 
 just compensation shall also be made by said corporation for 
 the injury done by a location of the proposed railroad in and 
 over Front street, to the owners of any property abutting 
 thereon and opposite said track. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 15, 1871. 
 
 LAWS OF 1874, CHAP. 629. 
 
 An act authorizing the Somerset and Kennebec Railroad Company to 
 change its location below Kendall's Mills. 
 
 Be it enacted, <&c. Sect. 1. The Somerset and Kennebec 
 Autiiorized to Railroad Company is hereby authorized to locate, construct 
 
 locate and con- ,.. , no- -iiii rr 
 
 struct railroad, and maintain a track or tracks oi its railroad between Ken- 
 dall's Mills in Fairfield and Waterville village on the west 
 side of the Kennebec river ; the same to be located from Ken- 
 dall's Mills to Waterville depot, over the ground where the 
 cars now run, and thence on the same road where the cars 
 tinue certain ^^w run to the wcst end of the bridge of said Somerset Rail- 
 portions of road, road, and said company may discontinue operating such part 
 of its old line of railroad as shall be rendered unnecessary by 
 the construction and operating of the tracks hereby authorized, 
 Not to affect ^^^ ^^ act of the legislature heretofore passed relating to the 
 bonds of com- charter or alteration of the location of said road shall affect in 
 
 pany. ■ ' . j 
 
 the least the validity of any bonds heretofore lawfully issued 
 by said company, or any authority of the trustees of the 
 bondholders. Approved March 4, 18Y4. 
 
MAINE CENTRAL RAILROAD. 
 
 COKTRACT 
 
 For lease of the Somerset and Kennebec Railroad to the 
 Portland and Kennebec Railroad. 
 
 Memorandum of an aoebembnt between the Somerset and Kennebec 
 Railroad Company on the first part, and the Portland and Kennebec Railroad 
 of the second part, witnesseth : 
 
 First, That the party of the first part hereby leases to the party of the 
 second part its railroad, from its terminus in Augusta to its depot in Sliowhe- 
 gan, inclusive, with its buildings, its lands, (with the exception appearing In 
 schedule "A.") its appurtenances, privilege and other property named in the 
 detailed report and schedule of Messrs. Sewell & Wildes, which, or a copy 
 thereof, is to be hereunto annexed marked "B," with such authority under the 
 franchise as may be necessary for the assessing and QoUecting of tolls, freights 
 and fares, &c., and generally for the efficient operating of said road, and pro- 
 tecting the same from injury, for the term of twenty years from October 1, 
 A. D. 1863, upon the conditions and terms hereinafter appearing. 
 
 Second, The party of the second part is to take, manage and operate said 
 railroad at its own expense and risks, and for its own benefit, and to save the 
 party of the first part and its bondholders and stockholders harmless from all 
 expense, loss and damage arising therefrom, and to pay all taxes that shall 
 be assessed upon the corporation of the party of the first part, and upon the 
 real and personal estate taken by the lease, but not including any tax upon 
 the stock or bonds of said company. Said railroad is to be operated by said 
 party of the second part in general Connection with its own road and for the 
 transaction of the business of the community upon and connected with it. 
 
 Third, Said party of the second part is also to maintain and keep up in 
 good order and condition said railroad, including the road-bed, superstruc- 
 ture, bridges, culverts, buildings, fences, appurtenances and all that it takes 
 by this lease and to return the same at the termination of this lease in as 
 good order and condition in all respects as when received. 
 
 Fourth, Said party of the second part is to have the right to use the name 
 of the corporation of the party of the first part in operating said railroad if 
 deemed necessary, holding said corporation and its stockholders and bond- 
 holders harmless therefrom. Said party of the first part is to do their acts 
 necessary on the part of the corporation for the extension of the time of 
 payment of the mortgage bonds on its road when they fall due to prevent a 
 foreclosure of the same, and in case it shall fail so to do, said party of the 
 second part shall have the right so to do, and in case of paying any bonds or 
 coupons necessary to prevent such foreclosure, said party shall be entitled 
 to hold the same by the side of others of the same kind, but with the fore- 
 closure prevented and discharged. 
 
 22 
 
 345 
 
346 MAINE CENTRAL RAILROAD. 
 
 Fifth, Said party of the second part Is also to perform the obligation and 
 requirements stipulated by the laws of the State and the charter and by-laws 
 of the said Somerset and Kennebec Railroad Company necessary to preserve 
 the charter and franchise of said corporation, and protect the rights of the 
 same, not including in this stipulation the election of oflScers, or the keeping 
 up of the organization of the corporation with power to act as such, which 
 rights are not granted or impaired. Said party is also to keep an insurance 
 in the name of the corporation of the first part upon the bridges and build- 
 ings to an amount of not less than forty thousand dollars, the amount 
 received in case of loss to be expended by the party of the second part in 
 replacing any bridges or buildings injured or destroyed. 
 
 Sixth, And said party of the second part is to pay the treasurer of the 
 party of the first part for the use of the mortgage bondholders of said com- 
 pany entitled to receive. The name of the said mortgage bondholders shall 
 claim possession of the earnings of said railroad ; and a treasurer shall be 
 appointed under their authority and notice thereof be given to the other 
 party, then to such treasurer an annual rent of 436,000 per year, payable 
 quarterly, at the end of each quarter. 
 
 Seventh, A descriptive report of the condition of the railroad and other 
 property leased, made by Messrs. Sewell and Wildes, railroad commissioners, 
 and to be annexed, or a copy thereof is to be a standard for comparison, 
 showing the condition of the road and other property when received, and at 
 the termination of the lease, said board of railroad commissioners, if then 
 in existence, shall determine as to the condition of said road at that time, and 
 whether or not it is up to the standard when received, including all appurte- 
 nance and property leased. If no such board shall then be in existence, such 
 determination shall be made by a board of three disinterested men to be ap- 
 pointed by the parties, or in case they cannot agree, by the chief justice of 
 the supreme court of the State, upon application of either party, and notice 
 to the other party. " 
 
 Eighth, In case said party of the first part shall at any time be dissatisfied 
 with the condition in which said railroad and other property shall be kept, it 
 may call upon the railroad commissioners of the State, or upon the board to 
 be appointed as aforesaid, to make an examination, and if such board of 
 commissioners or other board shall determine that the same is not kept up to 
 the standard it shall be the duty of the party of the second part to bring the 
 same up to the standard of condition when received, within such time »b 
 shall be by said board prescribed, the expense of such examination to be 
 paid by the party in fault ; and if said party of the second part shall neglect 
 to keep said road and appurtenances in repair and condition as above speci- 
 fied, or to pay the rent stipulated to be paid, as the same shall be due, the 
 party of the first part shall have the right to terminate this lease and to take 
 possession of said road and other property leased, if such neglect to pay the 
 rent and interest due thereon shall continue more than sixty days after it falls 
 due, or if such neglect to bring the road and property leased up to said stand- 
 ard shall continue more than ninety days after the expiration of the time pre- 
 scribed by the board for making the repairs in written notioe of the intention 
 to claim such termination. 
 
MAINE CENTRAL RAILED AD. 347 
 
 Ninth, The expense of making the examination of said raUroad by the 
 raihoad commissioners required by law is to be paid by the party of the 
 second part. 
 
 Each party is to be entitled to the benefit of any mail contracts over said 
 road in proportion to the time they shall severally transport the mails. 
 
 The ofScials of the Somerset and Kennebec Railroad Company are to pass 
 free over said road, and the stockholders and mortgage bondholders at 
 special and annual meetings, and also the board in making any examination. 
 The party of the second part is to have the benefit of all unexpired policies 
 of insurance on the bridges, buildings, wood, &c., they paying the propor- 
 tional amount of the premiums for the unexpired term. 
 
 The expense of making the detailed report is to be paid half by each 
 party, as also that o E making the comparative examination at the termination 
 of this lease. 
 
 This lease is subject to the agreements made by the party of the first part 
 with the owners of land over which its road passes, in relation to farm cross- 
 ings, cattle passes and culverts, and to the agreement with the North Vassal- 
 boro Manufacturing Company, and with Hiram Burrill, for the use for stor- 
 ings at then- own risk free of charge, of their goods in a part of the build- 
 ings of the corporation lands which they contracted to erect. 
 
 Dated at Augusta, January first, A. D. 1864. 
 
 In witness whereof the undersigned have hereunto set the names and affixed 
 the seals of our respective corporations. 
 
 Somerset and Kennebec Railroad Company, [l. s.] 
 
 By JOS. EATON, ) Committee of the directors of 
 
 ABNER COBURN, } the Somerset and Kennebec 
 
 JAMES W. BRADBURY, ) R. R. Co. in behalf thereof. 
 In presence of 
 J. W. Bradbtiet, Jk. 
 [Jfl.OO U.S. Revenue Stamp.] 
 
 Portland and Kennebec Railroad Company, [l. s.] 
 
 By R. D. RICE, 
 President of the Portland and Kennebec R. R. Co. 
 [The foregoing lease was duly acknowledged by the parties thereto, January 12, 1864.] 
 
 EXTENSION LEASE. 
 
 Whereas, the Somerset and Kennebec Railroad Company, on the first day 
 of January, A. D. 1864, executed a lease of its road and appurtenances to 
 the Portland and Kennebec Railroad Company for the term of fwenty years 
 from the first day of October, A. D. 1863, upon the conditions and terms set 
 forth in said lease, a copy of which is hereunto annexed. 
 
 And whereas said Somerset and Kennebec Railroad Company, at a meet- 
 ing of the stockholders thereof on the 39th day of Jilarch, A.D. 1870, passed 
 a vote, a copy of which is also annexed, authorizing its directors to enter 
 mto a contract continuing said lease for the term of nine hundred and ninety- 
 nine years, upon the conditions and terms specified in said lease and vote. 
 
348 MAINE CENTRAL EAILKOAD. 
 
 And said directors, at a meeting tliereof lield on the first day of June, A. 
 D. 1870, voted so to continue said lease, and authorized its president, Abnke 
 CoBTTEN, to execute such contract of extension in behalf of said corporation. 
 
 Now be it known, that said Somerset and Kennebec Railroad Company, for 
 the consideration in said vote and lease appearing, hereby agree with said 
 Portland and Kennebec Railroad Company to extend said lease and hereby 
 _ continues and extends the same for said term of nine hundred and ninety- 
 nine years from the first day of June, 1870, upon the conditions being per- 
 formed and the terms complied with on the part of the lessees set forth in 
 said lease and vote. 
 
 And said Portland and Kennebec Railroad Company hereby agrees to per- 
 form each and all of the stipulated terms and conditions on its part to be per- 
 formed ; to have and to hold said railroad and appurtenances by said Port- 
 land and Kennebec Railroad Company or its assigns during said term, they, 
 the said lessees, fulfilling the conditions and terms on their part to be per- 
 formed. 
 
 Done at Augusta this first day of June, A. D. 1870. 
 
 In witness whereof the undersigned, duly authorized for the purpose, have 
 hereunto aflixed the seals and set the names of our respective corporations. 
 
 Somerset and Kennebec Railroad Company, [l. s.] 
 
 By ABNER COBURN, President. 
 
 Portland and Kennebec Railroad Company, [l. s.] 
 
 By R. D. RICE, President. 
 
 THE ANDROSCOGGIN RAILROAD COMPANY 
 
 extends from Brunswick to Leed's Junction, twenty-seven and three- 
 quarters miles with a branch track to Lewiston, five miles. 
 
 LAWS OP 1848, CHAP. 184. 
 
 An act to establish the Androscoggin Railroad Company. 
 
 Be it enacted, <&c. Sect. 1. That "William Kilbourn, 
 Joseph A(Jditon, John E. Baxter, George G-age, Cyrus G. 
 Morrill, Dimon Fnrnel, John F. W. Gould, Leavitt Lothrop, 
 Corporators. Ensign Otis, John Gillmore, Josiah Day, second, Samuel 
 Marr, Thomas Francis, Isaac Boothby, George K. Stinchfield, 
 Giddings Lane, Ozias Millett, Issachar Lane, "Walter Fobs, 
 Uriah Foss, Lewis Hnuton, David Benjamin, "William B. 
 Small, Francis F. Haines, Ezekiel Treat, Jr., Cyrus Morrison, 
 
MAINE CENTRAL RAILROAD. 349 
 
 James Ford, Stillman Nojes, Aruna Holmes, Silas Jones, Jr., 
 Francis Lawrence, Elisha Hayes,Yeranes Niles, John Wyman, 
 Joseph N. "White, Elisha H. Pettingill, Elisha Pettingill and 
 Comfort Pettingill, their associates, successors, and assigns, are 
 hereby made and constituted a body politic and corporate, by 
 the name of the Androscoggin Railroad Company, and by that 
 name may sue and be sued, plead and be impleaded, and shall 
 have and enjoy all proper remedies at law and in equity to se- 
 cure and protect them in the exercise and use of the rights and 
 privileges and in the performance of the duties hereinafter 
 granted and enjoined, and to prevent all invasions thereof or 
 interruption in performing the same. And the said corpora- 
 tion are hereby empowered and authorized to locate, construct, Location. 
 and finally complete, alter, and keep in repair, a railroad vrith 
 one or more sets of rails, or tracks, with all suitable bridges, 
 tunnels, viaducts, turnouts, culverts, drains, and all other neces- 
 sary appendages, from some point or place in the line of the 
 Androscoggin and Kennebec Railroad, either in the town of 
 Greene, or in the town of Monmouth, and thence running Amended 1849, 
 northerly through the towns of Monmouth or Greene and c^-276andi8M, 
 
 •' ° ch. 390 and I860, 
 
 Leeds and East Livermore, Wayne, Fayette or either of said ch. sseand 475, 
 towns to Jay bridge, in such a route as the directors of said 5i'2andi867 
 corporation in the exercise of their best judgment or discre- "•'■ 212. 
 tion shall judge most favorable, and best calculated to promote 
 the public convenience and carry into effect the intentions and 
 purposes of this act. And said corporation are hereby invested 
 
 *- ^ Powers, pnvi- 
 
 with all the powers, privileges, and immunities, which are or may leges, &c. 
 be necessary to carry into effect the purposes and objects of this 
 act as herein set forth. And for this purpose said corporation 
 shall have the right to purchase, or to take and hold so much 
 of the land and other real estate of private persons and co'r^ 
 porations as may be necessary for the location, construction, 
 and convenient operation of said 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 ; provided, however, that said land so taken shall not 
 exceed six rods in width except where greater width is neces- 
 
350 
 
 MAINE CENTRAL RAILROAD. 
 
 Datnages, liow 
 determined. 
 
 May fell or re- 
 move trees. 
 
 General powers 
 &c. 
 
 Land taken 
 from persons 
 under guard- 
 ianship, &c,, 
 damages how 
 adjusted. 
 
 Capital stock. 
 
 sary for the purpose of excavation or embankment ; and 'pro- 
 vided also, that in all cases said corporation shall pay for said 
 lands, estate, or material so taken and nsed, such price as they 
 and the owner or respective owners thereof may agree 
 on; and in case said parties shall not otherwise agree, then 
 said corporation shall pay such damages as shall be ascer- 
 tained 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 limita- 
 tions as are by law provided in the case of damages by the 
 laying out of highways. And the land so taken by said cor- 
 poration shall be held as lands taken and appropriated for pubhc 
 highways. And no application to said commissioners to esti- 
 mate said damages shall be sustained unless made within three 
 years from the time of taking such land or other property; 
 and in case sucli railroad shall pass through any woodlands, 
 or forests, the said company shall have a right to fell or remove 
 any trees standing therein within four rods of said road, which 
 by their liability to be blown down, or by their natural fall- 
 ing, might obstruct, or impair said railroad, by paying a just 
 compensation therefor; to be recovered in the same manner as 
 is provided for the recovery of other damages in this act. 
 And, furthermore, said corporation shall have all the powers, 
 privileges and immunities, and be subject to all the duties and 
 liabilities provided and prescribed respecting railroads in chap- 
 ter eighty-one of the revised statutes, not inconsistent with the 
 express provisions of this charter. 
 
 Sect. 2. When said corporation shall take any land or other 
 estate as aforesaid of any infant, person non compos mentis, or 
 feme covert wliose husband is under guardianship, the guardian 
 of such infant or person non com/pos 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 
 or estate aforementioned, and give good and valid releases and 
 discharges therefor. 
 
 Sect. 3. The capital stock of said corporation shall consist 
 of not less than one thousand nor more than five thousand 
 
MAINE CENTRAL RAILROAD. 351 
 
 shares; and the immediate government and direction of the Amended i8i9, 
 
 „ . , ,. , n , , 1 . . cli.2T6 and 1853, 
 
 affairs of said corporation shall be vested in seven, nine, or ^h. 9. 
 eleven directors, who shall be chosen by the members of said Directors, &c. 
 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 transaction of business, and they shall elect one of their num- 
 ber to be president of the board who shall also be president of president, 
 the corporation, and they shall have authority to choose a clerk cierk. 
 who shall be sworn to the faithful discharge of his duty ; and 
 a treasurer who shall be sworn, and who shall likewise give „ 
 
 ' o Treasurer. 
 
 bonds to the corporation with sureties to the satisfaction of the ^^^^^ ^^ 
 directors in a sum not less than ten thousand dollars, for the 
 faithful discharge of his trust. And for the purpose of receiv- 
 ing subscription to the said stock, books shall be opened under 
 
 .... ,.1 T .1 1 f» . r* 1 • Subscription 
 
 the direction ot the persons named in the first section oi this books, 
 act, -at such time as they may determine, in the towns of Wil- 
 ton, East Livermore, Leeds, and Lewiston, and in the cities of ^''^" opened. 
 Bath and Portland, in this State, and also in the city of Bos- 
 ton, in the State of Massachusetts, and elsewhere, as they shall 
 appoint, to remain open for ten successive days, of which time —to remain 
 and place of subscription public notice shall be given in some _„^^ii.g „f 
 newspaper printed in Lewiston, Portland and Boston, twenty i^ow given, 
 days at least previous to the opening of said subscription ; 
 and in case the amount subscribed shall exceed five thousand 
 shares, the same shall be distributed 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, 
 first meeting of said corporation, by giving notice in one or ''"^ '^*"^'*' 
 more newspapers published in the towns and cities last above 
 named, and of the time and place and the purpose of such meet- 
 ing, at least twenty days before the time mentioned in such 
 notice. 
 
 Sect. 4. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations, consistent ^y-'aws, &c. 
 with the laws and constitution of this State, for their own 
 
352 
 
 MAINE CENTRAL RAILROAD. 
 
 President and 
 directors, pow- 
 ers and duties 
 of. 
 
 Assessments, 
 how made, &c. 
 
 Notice, how 
 given. 
 
 Assessments, 
 neglect to pay, 
 proceedings in 
 case of. 
 
 Shares, delin- 
 quent subscrib- 
 ers, how dispoB- 
 of. 
 
 Proviso. 
 
 ToU. 
 
 government, and for the due and orderly conducting of their 
 aifairs and the management of their property. 
 
 Sect. 5. 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 corpo- 
 ration for the purpose of locating, constructing, and completing 
 said railroad, and for the transportation of persons, goods, and 
 property of all descriptions, and all such power and authority 
 for the management 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 
 tlie use of said road and for the transportation of persons, 
 goods, and property of all descriptions, to make such equal 
 assessment from time to time on all the shares in said corpo- 
 ration as they may deem expedient and necessary in the execu- 
 tion and the progress of the work^ and direct the sapie to 
 be paid to the treasurer of the corporatiou. And the treasurer 
 shall give notice of all such assessments, and in case any sub- 
 scriber 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 by-laws of the 
 corporation, the directors may order the treasurer to sell snch 
 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 dehuquent 
 subscriber, or stockholder shall be held accountable to the cor- 
 poration for the balance, if his share or shares shall sell for less 
 than the amount of the assessment 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 ; provided, however, that no 
 assessment shall be laid upon any shares in said corporation, 
 of a greater amount in the whole than fifty dollars. 
 
 Sect. 6. A toll 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 by 
 them upon said road, at such rate as may be agreed upon and 
 
MAINE CENTRAL RAILROAD. 353 
 
 established from time to time by the directors of said corpora- 
 tion. The transportation of persons and property, the con- 
 struction of wheels, the forms of cars, and carriages, the weights 
 of loads, and all other matters and things in relation to said 
 road, shall be in conformity with such rules, regulations, and 
 provisions as the directors shall from time to time prescribe 
 and direct. 
 
 Sect. 7. Said corporation is hereby authorized and empow- 
 ered to connect, if it shall elect so to do, with the Androscog- Authorized to 
 gin and Kennebec Railroad at any point in either of the connect with 
 
 „ , , .11 the Androsoog- 
 
 towns mentioned in the first section of this act which the gin and Kenne- 
 directors of the said corporation may select ; and said Andros- ^°'' ™'™^- 
 (ioggin and Kennebec Railroad shall receive and transport all '' 
 
 persons, goods and property of all descriptions, which may be 
 carried and transported to its railroad on said Androscoggin 
 Railroad, at the same rates of freight and toll on such passen- 
 gers and goods and other property as may be prescribed by Transportation 
 said Androscoggin and Kennebec Railroad Company ; so that '° "^^^ ^'*' 
 the rates of freight and toll on such passengers, goods and 
 other property, as may be so received from said Androscoggin 
 Railroad, shall not exceed the general rates of freight and toll 
 on its road received for freight and passengers at any of the 
 deposits of said corporation ; provided, also, that the Andros- 
 coggin and Kennebec Railroad, if they shall elect so to do, Proviso, 
 are hereby authorized to connect with the said Androscoggin 
 Railroad, subject to the provisions of an act relating to rail- 
 roads, approved March seventh, one thousand eight hundred 
 and forty-two. 
 
 Sect. 8. If the said railroad in the course thereof shall cross 
 any private way, the said corporation shall so construct said Private way. 
 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 cjj„jjg ^a^. 
 railroad shall be so constructed as not to obstruct the safe and P'^es. &e., 
 
 /.I 1 .1 11.1 1 crossing of. 
 
 convenient use oi 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 said railroad, if 
 necessary, may conveniently pass under or over the same, and 
 
354 
 
 MAINE CENTRAL RAILROAD. 
 
 Bridges, abut- 
 ments, &c. 
 
 Navigable 
 waters, &c., 
 crossing of. 
 
 Fences. 
 
 — liable to in- 
 dictment for 
 neglect to build. 
 
 Mail, transpor- 
 tation of. 
 
 — in case of dis- 
 agreement, bow 
 determined. 
 
 Sball keep road 
 in good repair, 
 &c. 
 
 erect such gate or gates thereon, as may be necessary for the 
 safety of travellers on said turnpike, railroad, highway, or 
 private way. 
 
 Sect 9. Said railroad corporation shall constantly maintain 
 in good repair all bridges with their abutments and embank- 
 ments, which they may construct for the purpose of conduct- 
 ing their railroad over any canal, turnpike, highway or private 
 way, or for constructing such private way or turnpike over 
 said railroad. 
 
 Sect. 10. If said road shall cross any lakes, ponds, rivers or 
 streams, the said corporation are hereby authorized and empow 
 ered to erect for the safe and exclusive travel on the said rail- 
 road, a bridge across each of said rivers, lakes, ponds or 
 streams. 
 
 Sect. 11. Said railroad corporation shall erect and maintain 
 legal and sufficient fences on each side of the land taken by 
 them for their railroad, when the same passes through enclosed ' 
 lands or lands improved, or lands that may be improved here- 
 after; and for neglect to erect and maintain such fence, said 
 corporation shall be liable to be indicted in the district court 
 for the county where such fence shall be insufficient, and be 
 fined in such sum as shall be adjudged necessary to repair the 
 same, and such fine shall be expended for the erection or repair 
 of said fence under the direction of an agent appointed by 
 the court, as in case of fines imposed upon towns for defi- 
 ciency of highways. 
 
 Sect. 12. The said corporation shall at all times, when the 
 postmaster general shall require it, be hold en to transport the 
 mail of the United States from and to such place and places 
 on said road as required, for a fair and reasonable compen- 
 sation. And in case the corporation and postmaster general 
 shall be unable to agree upon the compensation aforesaid, the 
 legislature of the State shall determine the same. And said 
 corporation, after they shall commence receiving of tolls, shall 
 be bound at all times to have said railroad in good repair, and 
 a suitable number of suitable engines, 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, 
 
MAINE CENTKAL EAltROAD. 355 
 
 when the appropriate tolls therefor shall be paid and tendered ; obliged to 
 and a lien is hereby created on all articles transported for said gengers, &c., 
 tolls. And tlie said corporation, fulfilling on its part all and ^f^^^""'"' 
 singular the obligations and duties by this section enjoined Lien for pay- 
 and imposed upon .it, shall not be held or bound to allow any "®"' "^ *°"'- 
 engine, locomotive, cars, carriages, or other vehicle for the ^^^^^ engines, 
 transportation of persons or merchandise to pass over said rail- &c., of other 
 road, other than its own, furnished and provided for that pur- 
 pose as herein enjoined, and required; provided, however, ^ 
 that said corporation shall be under obligation to transport proviso, 
 over said road, the passenger and other cars of any other incor- 
 porated company that may hereafter construct a railroad con- 
 necting with that hereby authoi-ized, such other company 
 being subject to all the provisions of the sixth and seventh sec- 
 tions of this act as to rates of tolls, and all other particulars 
 enumerated in said sections. 
 
 Sect. 13. If any person shall wilfully and maliciously, or wan- 
 tonly, and contrary to law, obstruct the passage of any carriage wiifui and ma- 
 
 . 1 .1 1 . ,-, . . J i. -J licioos obstruc- 
 
 on said railroad, or in any way spoil, injure or destroy said tig„g^ penalty 
 railroad, or any part thereof, or anything belonging thereto, f<"'- 
 or any materials, or implements to be employed in the con- 
 struction of, or for the use of said road, he, she, or they, or 
 any person or persons assisting, aiding, or abetting such tres- 
 pass, 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 justices 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 corporation. And 
 such offender or offenders shall be liable to indictm"ent by the 
 grand jury of the county within which trespass has been &<= 
 committed, for any offence or offences contrary to the above 
 provisions ; and upon conviction thereof before any court com- 
 petent to try the same, shall pay a fine not exceeding five hun- 
 dred dollars, to the use of the State, or may be imprisoned for 
 a term not exceeding five years, at the discretion of the court, 
 before whom such conviction may be had. 
 Sect. 14. Said corporation shall keep in a book for that 
 
 Oftenders liable 
 to indictment, 
 
356 
 
 MAINE CENTRAL RAILROAD. 
 
 Account of 
 disbursements, 
 &c., how kept. 
 
 Annual exhibit. 
 
 Taxation of real 
 estate. 
 
 Valuation. 
 
 Stock, where 
 taxable. 
 
 Net income 
 over ten per 
 cent., howdii- 
 posed of, &c. 
 
 No other tax to 
 be levied. 
 
 Annual aaeet- 
 ing. 
 
 ' Directors, 
 ' choice of, &c. 
 
 \Tote. 
 
 purpose, a regular account of all their disbursements, expendi- 
 tures, and receipts, 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, and 
 at the expiration of every year the treasurer of said corpora 
 tion, shall make an exhibit under oath to the legislature of the 
 net profits derived from the income of said railroad. 
 
 Sect. 15. All real estate purchased by said corporation, for 
 the use of the same, under the fifth section of this act, shall 
 be taxable to said corporation by the several towns, cities, and 
 plantations, in which said land lies, in the same manner as 
 lands owned by private persons, and shall in the valuation list, 
 be estimated the same as other real estate of the same 
 quality, in such city, town, or plantation, and not otherwise, 
 and the shares owned by the respective stockholders, shall be 
 deemed personal estate, and be taxable as such to the owners 
 thereof, in the places where they reside, and have their homeSi *. 
 And whenever the net income of said corporation shall have 
 amounted to ten per centum per annum upon the cost of the 
 road, and its appendages and incidental expenses, the directors 
 shall make a special report of the fact to the legislature, from 
 and after which time one moiety of such other portion as the 
 legislature may from time to time determine of the net income 
 of said railroad, accruing thereafter, over and above ten per 
 centum per annum, first to be paid to the stockholders, shall 
 annually be paid over by the treasurer of said corporation as a 
 tax into the treasury of the State, for the use of the State; 
 and the State may have and maintain an action against said 
 corporation therefor,- to recover the same ; but no other tax 
 than herein is provided shall ever be levied or assessed on said 
 corporation on any of their privileges or franchises. 
 
 Sect. 16. The annual meeting of the members of said cor- 
 poration shall be holden on the first Monday of August, or 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for tlie time being shall appoint, 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor by himself or proxy being entitled to as many votes 
 ^s he holds shares. And the directors are hereby ant] 
 
MAINE CENTEAL EAILEOAD. 357 
 
 to call special meetings of the stockholders whenever they special meet- 
 shall deem it expedient and proper, giving such notice as the '°^'' 
 corporation by their by-laws shall direct. 
 
 Sect. 17. The legislature shall at all times have the right to Legislature 
 inquire into the doings of the corporation, and into the man- "^^^^T^^^^g 
 ner in which the privileges and franchises herein and hereby of saiacorporar- 
 granted may have been used and employed' by said corpora- 
 tion ; and to correct and prevent all abuses of the same and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion which may be necessary more effectually to compel a 
 compliance with the provisions, liabilities, and duties, herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabilities, or obligations. 
 
 tion. 
 
 ■^j:,v^j.. -i-w. J.L uiL>^ oa,x^J.^^K,x^K7±a,y,l•JLA^ oiicvii ii^^t haVO bCeU OrgaU- ^.^ g ' 
 
 ized and the location according to actual survey of the route, Time for organ- 
 filed with the county commissioners of the county or counties nmUed'*"' 
 through which the same shall pass, on or before the first day 
 of December, in the year of our Lord one thousand eight 
 hundred and fifty-three, or if said corporation shall fail to 
 complete said railroad on or before the first day of Decem- 
 ber, in the year of our Lord one thousand eight hundred and 
 fifty-eight, in either of the above-mentioned cases this act shall 
 be null and void. Approved August 10, 1848. 
 
 LAWS OF 1849, CHAP. 276. 
 
 An act In addition to "an act to establish the Androscoggin Railroad 
 Company." 
 
 Be it enacted, dsc. Sect. 1. That the act entitled an act 
 to establish the Androscoggin flailroad Company, approved 
 on the tenth day of August, in the year of our Lord one Amended 1854, 
 thousand eight hundred and forty-eight, is hereby amended by 
 striking out the words "to Jay bridge" from the first section 
 of said act and inserting the words "to some point at or near 
 Jay bridge and thence through the towns of Wilton, Farm- 
 ington. Strong, Avon, and Freeman, or either of said towns to 
 some point in the town of Phillips." 
 
 Sect. 2. Said company is hereby authorized to increase its 
 
358 
 
 MAINE CENTRAL EAILROAD. 
 
 Amended 1863, 
 ch. 9. 
 
 Repealed 1853, 
 ch. 9. 
 
 capital stock by adding thereto ten thousand shares of one 
 hundred dollars each ; upon which additional shares there shall 
 be assessed in no case more than the sum of one hundred dol- 
 lars each ; and each of said additional shares shall entitle the 
 proprietor thereof to two votes in said company. Approved 
 August 11, 1849. 
 
 LAWS OF 1853, CHAP. 9. 
 
 Capital stock 
 iQcrea«ed. 
 
 Section 18, 
 amended. 
 
 An act to amend the acts to establish the Androscoggin Railroad Company. 
 
 Be it enacted, i&c. Sect. 1. That instead of ten thousand 
 shares of one hundred dollars each, which the Androscoggin 
 Railroad Company is authorized to add to its capital stock 
 by the second section of the act entitled an act in addition to 
 an act to establish the Androscoggin Railroad Company, 
 approved August eleventh, eigliteen hundred forty-nine, said 
 company is hereby authorized to increase its capital stock by 
 adding thereto twenty thousand shares of fifty dollars each, 
 upon which additional shares there shall be assessed in no case 
 more than the sum of fifty dollars, and each of said additional 
 shares shall entitle the proprietor thereof to one vote in said com- 
 pany ; and that the said second section of the said act, approved 
 August eleventh, eighteen hundred forty-nine, be and hereby 
 is repealed. 
 
 Sect. 2. That the eighteenth section of the act entitled an 
 act to establish the Androscoggin Railroad Company be and 
 the same is hereby amended by striking out the words "fifty- 
 three," and substituting therefor the words "fifty-eight," and 
 also by striking out the words fifty-eight," and inserting in 
 lieu thereof the words "sixty-three." 
 
 Sect. 3. This act shall take effect from and after its aproval 
 by the governor. Approved February 16, 1853. 
 
 LAWS OF 1854, CHAP. 390. 
 
 An act in addition to "an act to establish the Androscoggin Bailroad 
 Company." 
 
 Be it enacted, c&c. Sect. 1. The act entitled an "act in 
 addition to an act to establish the Androscoggin Kailroad 
 
MAINE CENTRAL RAILROAD. 
 
 359 
 
 Company" approved on the eleventh day of August, in the change of route 
 year of our Lord one thousand eight hundred and forty-nine, is 
 hereby amended by inserting the word " Chester ville" before 
 the word "Wilton" in the sixth line of the first section. Ap- 
 proved April 20, 1854. 
 
 LAWS OF 1856, CHAP. 651. 
 
 Authorize the Androscoggin Railroad Company, at any time, to consoli- 
 date with the Androscoggin and Kennebec and the Penobscot and Kenne- Coneolidation 
 bee Railroad Companies into one corporation. See that chapter for its 
 provisions. 
 
 LAWS OE 1860, CHAP. 386. 
 
 An act to authorize the extension of the Androscoggin Railroad. 
 
 Be it enacted, <&c. Sect. 1. The Androscoggin Railroad 
 Company is hereby authorized to extend, locate, construct, Authorizing 
 
 . . , . ., 1 „ the extensions, 
 
 maintain, and use its railroad from any point on its road in &c. 
 
 the town of Leeds, in the county of Androscoggin, through 62 me., 437 and 
 
 the towns of Leeds, Monmouth, Litchfield, Wales, West Gar- *^*' 
 
 diner and Gardiner, or any of them, to the Kennebec river, or gij 5^2 and ' 
 
 with the Kennebec and Portland Railroad in Topsham or i870,ch. 291. 
 
 Brunswick, through the towns of Leeds, Greene, Lewiston, 
 
 Lisbon, Topsham and Brunswick, or any of them. 
 
 Sect. 2. A^siA said Androscoggin Railroad Company shall 
 have the same rights, privileges, powers and immunities, and Eights, powers, 
 be subject to all the duties and liabilities respecting the location, ^"^' ^^^^' 
 construction, maintenance, use and management of said por- 
 tion of their railroad hereby authorized to be extended, that 
 they had and have respecting their existing road. 
 
 Sect. 3. This act shall not take effect unless the extension -^i^g^ ^^ ^^-^^ 
 hereby authorized shall be commenced within two years and ^*f®°*- 
 completed within six years after the passage of this act, to the 
 acceptance of said company. Approved February 15, 1860. 
 
 LAWS OP 1860, CHAP. 450. 
 
 An act to authorize the city of Bath to lend its aid in the construction of 
 an extension of the Androscoggin Railroad from the town of Leeds to 
 the town of Topsham or Brunswick. 
 
 Be it enacted, <&c. Sect. 1. The city of Bath is hereby auth- 
 
360 
 
 MAINE CENTEAL EAILEOAD. 
 
 Bath authoriz- 
 ed to loan its 
 credit to the 
 Androscoggin 
 Railroad Co. 
 
 Amount. 
 
 Terms and con- 
 ditions. 
 
 Scrip, when to 
 be issued. 
 
 -amount of. 
 
 — ^further 
 amount. 
 
 —whole 
 amount. 
 
 Scrip, bond for 
 payment of, &o. 
 Scrip of com- 
 pany, delivered 
 to. 
 
 orized to loan its credit to the Androscoggin Railroad Company, 
 to aid in the construction of an extension of their railroad 
 from any point in its present road in the town of Leeds to 
 connect with the Kennebec and Portland Kailroad in the town 
 of Topsham or Brunswick, in a sum not exceeding two hun- 
 dred thousand dollars, subject to the' following conditions 
 terms and provisons. 
 
 Sect. 2. If this act shall be accepted, as is hereinafter pro- 
 vided, and the directors, of said company shaU, within nine 
 months after its acceptance by said city, produce satisfactory 
 evidence to the mayor and aldermen of said city for the time 
 being, that a sum of money not less than fifty thousand dollars 
 has been raised by actual subscription by said company, and 
 paid in and actually expended in the construction of the exten- 
 sion of their road, and the purchase of the right of way, from 
 or near the junction in the town of Leeds to the town of Tops- 
 ham or Brunswick, then such fact shall be certified by the 
 mayor and aldermen to the city treasurer, and he shall forth- 
 with issue to the directors of said company for the purpose of 
 building, furnishing and completing said extension of the road, 
 the scrip of said city payable to the holders thereof at the 
 expiration of thirty years from the date thereof, in the sum of 
 one hundred thousand dollars, with coupons for interest 
 attached payable semi-annually ; and if said company shall, 
 within twenty-four mouths produce evidence to the satisfaction 
 of the mayor and aldermen that a further sum of fifty thousand 
 dollars has been raised by actual subscription and expended 
 in the same manner on the extension of their road as before 
 mentioned, then such fact shall be certified to the city treasurer 
 as before provided, and he shall forthwith issue similar scrip to 
 the directors of said road for the further sum of one hundrsd 
 thousand dollars, being in all two hundred thousand dollars; 
 and said scrip may be subdivided into such sums as the parties 
 may deem expedient. 
 
 Sect. 3. Concurrent with the issue and delivery of said city 
 scrip as aforesaid, in each case the president and directors of 
 said company, in their official capacity, shall execute and 
 deliver to the said treasurer the bond of said company, the 
 
MAINE CENTEAL RAILKOAD. 361 
 
 penal sum in each bond to be double the amount of the scrip 
 
 authorized to be issued at that time ; said bonds shall be made 
 
 payable to said city, and shall be conditioned that said com- ■ 
 
 pany will duly pay the interest on such scrip of said city as 
 
 shall be issued at the time of the date of the bonds respectively, 
 
 and also the principal thereof, according to the tenor of the 
 
 scrip, and in all respects will hold and save harmless the said 
 
 city on account of the issue of the same ; the said president 
 
 and directors of said company shall also, in each case of the 
 
 issuing of the scrip of said city, as provided in section two of 
 
 this act, and simultaneously therewith make, execute and deliver 
 
 to the said city treasurer the scrip of said company payable to "f J" 'f ''f ** *' 
 
 the holder thereof, at the same time and for the same amount 
 
 as the scrip then issued by said treasurer to said company, with 
 
 like coupons for the interest attached ; which said scrip shall 
 
 be held by said city as collateral security for the fulfilment of _in default 
 
 the conditions of the said bond ; and in default of any one of ™*y ''« ''°^^ 
 
 said conditions, said city may from time to time sell said scrip, 
 
 or any portion thereof, by public auction or auctions, in the 
 
 cities of Bath, Boston or New York, or either of them, after ^ 
 
 ' ■ ' —now and 
 
 Sixty days' notice in writing to the president, or one of the when sow. 
 directors, or any three of the stockholders of said company, 
 naming therein the time and place of sale. The net proceeds 
 of all such sales shall be endorsed on one of said bonds. 
 
 Sbot. 4. The president and directors of said company are 
 hereby authorized, and it shall be their duty in their official road, &o., to 
 capacity, upon the receipt of the first issue of said city scrip, ^^1^^^*, ^"fj. 
 and upon the delivery of their bonds to the said city to secure ditions of bond, 
 the payment of the same, to execute and deliver to said city 
 treasurer a mortgage of said extension of their railroad from 
 Leeds to Topsham or Brunswick, and of all the property of 
 said extension, which they then have or may subsequently 
 acquire, and also the franchise of said extension, without prior 
 incumbrance ; and the said mortgage shall be so made as to _^g^ ^^^_ 
 embrace not only the said extension, but also the original road oated, recorded, 
 
 n ., ° &C. 
 
 01 said company from Leeds to Farmingtou, and of all the 
 property of said road, including the franchise thereof, subject 
 however to prior uncanceled mortgages upon the same. Said 
 23 
 
362 MAINE CENTKAX, EAILKOAD. 
 
 mortgage shall be so made as to cover not only the city scrip 
 then issued, but all the scrip which may thereafter be 'issued 
 under the provisions of this act ; and being so made, it shall 
 be deemed and held to be good and valid, and a security to 
 said city for all the scrip it may issue to said directors. It 
 shall be signed by the president of said company in his official 
 capacity, and shall be executed according to the laws of this 
 State, and shall be in due and legal form, and shall contain 
 apt and sufficient terms to secure to said city the fulfilment of 
 the conditions in said bonds contained ; and said mortgages so 
 executed and delivered, and recorded in the registry of deeds 
 for the county of Sagadahoc, shall to all intents and purposes 
 be, and the same is hereby declared to be a full and complete 
 transfer of said extension from Leeds to Topsham or Bruns- 
 wick, and of all the property of said extension, real and per- 
 sonal, then or subsequently to be acquired, and of said franchise, 
 and also a full and complete transfer of the said road from 
 Leeds to Farmington, and of all the property of said j-oad, 
 including the franchise thereof, subject only to prior uncan- 
 celed mortgages on the same ; said tranfers being subject only 
 
 Organization of to the Conditions contained in said mortgages, any law to the 
 
 company made contrary notwithstanding. All the proceedings in the organ- 
 ization of said company and choice of directors, shall be 
 deemed valid and regular. 
 
 Sect. 5. For the purpose of foreclosing said mortgage for 
 
 dosure^oR ''™' conditions broken, it shall be sufficient for the said mayor and 
 aldermen to give notice according to the mode prescribed in 
 
 —notice of, how the revised statutes for the foreclosure of mortgages, by publica- 
 
 given. 
 
 tion of notice thereof, which may be published in a newspaper 
 printed in Bath, and a record thereof may be made within thirty 
 
 —record of, how days after the date of the last publication in the registry of 
 deeds for the county of Sagadahoc, which publication and 
 record shall be snlficient for the purpose of such foreclosure. 
 Upon the expiration of three years from and after such publi- 
 
 Expiration of. cation, if the conditions of said mortgage shall not within that 
 have been fulfiled, the foreclosure shall be complete, and shall 
 make the title of said extension and of said road, and to all 
 the property and franchise aforesaid, absolute in said city. 
 
MAINE CENTEAL RAILED AD. 363 
 
 Sect. 6. If the directors of said company, stall, at any time, 
 neglect or omit to pay the interest, which may become due fe^ct'ofcoLpany 
 upon any portion of the scrip issued and delivered under the to pay principal 
 
 . , . . 1 . 1 11 1 or interest of 
 
 provisions of this act, or to pay the principal as it shall become scrip, city of 
 due, or to comply with any of the conditions of said bonds, the ^^gg'^^g^o^^f''® 
 city of Bath may take actual possession in the manner herein- tneroad. 
 after provided, of the whole of said railroad, and of all the 
 property, real and personal of the company, and of the fran- 
 chise thereof, and may hold the same and apply the income 
 thereof, to make up and supply such deficiency, and all further 
 deficiencies that may occur while the same are so held, until 
 such deficiencies shall be fully made up and discharged. A pogjeasion, no- 
 written notice signed by the mayor and aldermen, and served ticeof, &c., 
 
 , . , 1 . » 1 tow given. 
 
 upon the president or treasurer, or any director ot the com- 
 pany, or if there are none such, upon any stockholder of the 
 company, stating that the city thereby takes actual possession 
 of the whole line of the railroad, and of the property and 
 franchise of the company, shall be a sufiicient actual possession 
 thereof, and shall be a legal transfer of all the same, for the 
 purposes aforesaid to the city, and shall enable the city to hold 
 the same against any other claims thereon until such purposes 
 have been fully accomplished. Such possession shall not be , ^ 
 
 •It: r —not to be con- 
 
 considered an entry for foreclosure, under any mortgages here- sidered a fore- 
 inbefore provided; nor shall the rights of the city, or of the 
 company, under any mortgages, in any manner be affected 
 thereby. 
 
 Sect. 7. All moneys received by or for, the said railroad 
 company, after notice as aforesaid, from any source whatever, road, how ap- 
 and by whomsoever the same may be received shall belong to, 
 and be held for the use and benefit of the city in manner and 
 for the purposes herein provided ; and shall, after notice given 
 to persons receiving th,e same respectively, be by them paid to 
 the city treasurer, which payment, shall be an effectual dis- 
 charge from all claims of the company therefor ; but if any 
 person, without such notice shall make payment of moneys so 
 received, to the treasurer of the company, such payment shall 
 be a discharge of all claims of the city therefor ; all moneys 
 received by the treasurer of the company, after such notice or 
 
 closure. 
 
 Receipts of 
 
364 
 
 2tfAINE CENTRAL RAILROAD. 
 
 Treasurer of 
 company to 
 pay over to 
 city treasurer. 
 
 — payment of, 
 when made. 
 
 Ii^unction, &c. 
 
 —writ of. 
 
 Directors, how 
 chosen in case 
 of negleet by 
 company. 
 
 in his hands at the time such notice nay be given, shall be by 
 him paid to the city treasurer, after deducting the amount 
 expended, or actually due for the running expenses of the road, 
 for the services of the officers of the company, and for repairs 
 necessary for conducting the ordinary operations of the road. 
 Such payments to the city treasurer, shall be made at the end 
 of every calendar month, and shall be by him applied to the 
 pament of all the interest and principal due as aforesaid. And 
 any person who shall pay or apply any moneys received, as 
 aforesaid, in any manner contrary to the foregoing provisions 
 shall be liable therefor, and the same may be recovered in an 
 action for money had and received, in the name of the city 
 treasurer, whose duty it shall be to sue for the same to be by 
 him held and applied as herein required. 
 
 Sect. 8. For the purpose of eifecting the objects prescribed 
 in the two preceding sections, the mayor and aldermen may 
 cause a suit in equity to be instituted in the name of the city 
 of Bath, in the supreme judicial court, in the county of Sagar 
 dahoc against said company, directors, or any other person, as 
 may be necessary for the purpose of discovery, injunction, 
 account, or other relief under the provisions of this act; and 
 any judge of the court may issue a writ of injunction or any 
 other suitable process, on any such bill, in vacation or in terra 
 time, with or without notice, and the court shall have jurisdic- 
 tion of the subject matter of such bill, and shall have such 
 proceedings, and make such orders and decrees, as may be 
 within the power, and according to the course of proceedings 
 of courts of equity, as the necessities of the case may require. 
 
 Sect. 9. If the said railroad company shall after notice of 
 possession as aforesaid, neglect to choose directors thereof, or 
 any other necessary officers, or none such shall be found, the 
 mayor and aldermen of the city shalj appoint a board of 
 directors consisting of not less than seven persons or any other 
 necessary officers, and the persons so appointed shall have all 
 the power and authority of officers chosen or appointed under 
 the provisions of the act establishing said company, and upon 
 their acceptance, such officers shall be subject to all the duties 
 and liabilities thereof. 
 
MAINE CENTRAL . RAILROAD. 365 
 
 Sect. 10. The city shall appoint one of the directors of the 
 said railroad company, from amona; the stockholders, who -™^ **" ^ 
 
 ■^ *^ ^ *-' ... appointed from 
 
 shall be chosen annually, by the city council in joint ballot, among tiie 
 before the annual meeting of said company for the choice of *'°° 
 their officers, who shall have the same authority in transacting 
 the business of said company, and who shall be entitled to like 
 compensation from the company as any other director. But _rigiit to 
 the right to choose such director shall cease when the loan '^'^oose, when 
 
 ° ^ ^ to cease. 
 
 contemplated is extinguished. 
 
 Sect. 11. As an additional or cumulative protection for said A^ajtionai „, 
 city, all liabilities which by said city may be assumed or incur- accumulative 
 red under or by virtue of any of the provisions of this act, 
 shall at the time, and by force thereof, and for the security 
 and payment of the same create in favor of said city, a lien on 
 the whole of said railroad, its franchise, and all its appendages —uen created. 
 and all real and personal property of said railroad corporation, 
 which lien shall have preference and be prior to all other 
 liens and incumbrances whatever, on the said extension from 
 Leeds to Topsham or Brunswick, and on the road from Leeds 
 to Farmington, and on all the other property of said railroad 
 corporation, subject only to prior uncanceled mortgages ; and 
 said lien shall be enforced, and all the rights and interests of 
 said city shall be protected when necessary, by suitable and 
 proper judgments, injunctions or decrees of said supreme judi- 
 cial court, on a bill or bills in equity, which power is hereby 
 specially conferred on said court. And it is hereby provided, 
 that the said lien provided for in this section shall not be 
 deemed waived or ineffectual by the acceptance on the part of 
 said city, of any mortgage or other securities contemplated by 
 the provisions of this act, or otherwise. 
 
 Sect. 12. This act shall not take effect unless it shall be 
 accepted by said corporation within six months from and after of, &c. 
 its approval ; and also, by said city, by a vote of the legal voters 
 thereof voting in public meeting duly and legally called within 
 six months from and after its approval ; and at least two-thirds 
 of the legal voters of said city, present and voting at said 
 meeting as aforesaid, shall be necessary for the acceptance of 
 this act on the part of said city. The vote of said public meet- . 
 
 — not waived, 
 &c. 
 
366 MAINE CENTRAL RAILED AD. 
 
 ing shall be ascertained and declared in open town meeting, 
 and if the act shall be accepted, as aforesaid, then after such 
 acceptance and record thereof, all the parts of this act shall 
 take eifect and be in full force thereafter. 
 
 Sect. 13. The provisions of this act shall be in force from 
 and after its approval by the governor. Approved March 
 17, 1860. 
 
 The special laws of 1860, chapter 468 authorized the city of Gardiner to 
 loan its aid in the construction of an extension of the Androscoggin Railroad 
 from Leeds to the city of Gardiner, provided, said road should enter and ter- 
 minate in said city of Gardiner but as that was never done and the act never 
 became a law, it is not inserted in this work. 
 
 LAWS OF 1860, CHAP. 475. 
 
 An act additional to an act entitled "an act to authorize the extension of the 
 Androscoggin railroad. " 
 
 £e it enacted, c&c. Sect. 1. The Androscoggin Eailroad 
 Authorized to Company is hereby authorized in the location and building of 
 extend railroad, the extension of their railroad from the town of Leeds to the 
 city of Gardiner, or to the towns of Topsham or Brunswick, to 
 connect witli the Kennebec and Portland railroad, to pass 
 through the towns of Wales, Webster and Durham, in the 
 county of Androscoggin, or either of them, in addition to the 
 towns mentioned in the act to which this act is additional. 
 , Sect. 2. It is hereby further enacted that no mortgages 
 
 Mortgages, &c., or claims now existing and in force upon said Androscoggin 
 "otto ^attach' to railroad, its right of way, franchise or rolling stock, shall attach 
 extension. ^q qj. jjave any force, hold, claim or lien of any nature what- 
 soever upon the extension granted to said railroad in the act 
 to which this act is additional, from the town. of Leeds to the 
 city of Grardiner, or to the towns of Topsham or Brunswick. 
 But said extension of said road shall be held separate from the 
 road now established and for security to any corporation or 
 Limited by law persons who may furnish to said company the means necessary 
 148. ' ' for building and completing said extension of said road. And 
 the president and directors of said Androscoggin railroad shall 
 Md "&c.°' """^ ^^^® *^® power to mortgage or transfer said extension of said 
 road from its junction in Leeds to said Gardiner, Topsham or 
 
MAIITE CENTRAL RAILROAD. 367 
 
 Brunswick, with its franchise, right of way, rolling stock, and 
 all the property belonging thereto, with its earnings, for the President and 
 purpose only of procuring means to build, iinish, furnish and Androscoggin 
 equip said extension and to secure the debts contracted there- ^"t"age, &T 
 for, any mortgage, lien, claim or law to the contrary notwith- 
 standing. If said Androscoggin Kailroad Company shall elect 52 Me. 437 and 
 to extend their road to Gardiner, as provided in the act to 
 which this act is additional, it shall not also extend it to Bruns- 
 wick or Topsham, and if they shall elect to extend it. to Bruns- 
 wick or Topsham, they shall not extend it to Gardiner. 
 
 Sect. 3. This act shall take eifect from and after its approval 
 byithe governor. Ajpj)roved March 20, 1860. 
 
 LAWS OF 1861, CHAP. 18. 
 
 An act to authorize the city of Bath to lend further aid in the construction 
 of the Androscoggin Railroad. 
 
 Be it' enacted., c&c. Sect. 1. The city of Bath is hereby 
 authorized to make a further loan of its credit to the Andros- ized to loan its 
 coggin Kailroad Company, to aid in the construction of the Androscoggin 
 extension of their railroad from the Leeds junction by the way BairoadCo. 
 of Lewiston Falls to Brunswick, as located or to be located in 
 the towns of Leeds, Greene, Wales, Webster, Lewiston, Tops- 
 ham and Brunswick, in the sum of two hundred thousand 
 dollars, or so much thereof as may be required above and 
 beyond the amount authorized to be loaned by the act entitled 
 "an act to authorize the city of Bath to lend its aid in the con- •*^«"<'"i't' 
 struction of an extension of the Androscoggin Railroad, from 
 the town of Leeds to the town of Topsham or Brunswick ;" 
 provided, however, that this act shall not take effect, except p . 
 as hereinafter provided, unless and untjl the same shall have 
 ■ been accepted by a vote of the directors of the railroad com- 
 pany, within six months from and after its approval by the 
 governor ; and also within the same time by a vote of the legal 
 voters of said city, taken in public town meeting, legally 
 notified and assembled for that purpose; and at least two- 
 thirds of the votes cast at such meeting shall be necessary for 
 the acceptance of this act. 
 
 See laws of 1863, 
 ch. 218. 
 
 Terms and 
 conditions. 
 
368 
 
 MAINE CENTRAL RAILEOAD. 
 
 Scrip, liow to 
 be issued. 
 
 Amount. 
 
 Bond of Co. for 
 security. 
 
 Amount. 
 
 Mortgage of 
 company. 
 
 Scrip of Co., 
 delivery of. 
 
 —to be held a 
 collateral. 
 
 —in deiitult, 
 may be sold. 
 
 Sect. 2. Upon the acceptance of this act as aforesaid, the 
 city treasurer shall issue from time to time, as may be required 
 by the directors, and for the purpose named in the first section, 
 scrip of the city, in convenient and suitable sums, not exceed- 
 ing two hundred thousand dollars in all, payable to the holder 
 at the expiration of thirty years from the date thereof, with 
 coupons for interest attached, payble semi-annually. 
 
 Sect. 3. To secure the city against liability to pay said scrip 
 and interest, the president of the company shall, upon the issue 
 of the first scrip, execute and deliver to the said treasurer the 
 bond of said company in the penal sum of three hundred 
 thousand dollars, payable to the city, and conditioned that the 
 company will duly pay all liabilities incurred by the issue of 
 such scrip as shall be issued by virtue of this act, according to 
 the tenor thereof, and in all respects will hold and save harm- 
 less the said city on account of the issue of the same ; and at 
 the same time the president shall execute and deliver to the 
 city treasurer, for the city of Bath, the mortgage of said com- 
 pany to secure the performance of the condition of said bond 
 Such mortgage shall be so made as to embrace all subjects of 
 conveyance required to be embraced in the mortgage required , 
 by the fourth section of the act aforesaid, subject to all prior 
 uncanceled mortgages, and any pre-existing attachment or lien 
 thereon ; and being executed, delivered and recorded in the 
 manner therein provided, shall have like effect in respect to 
 the loan herein authorized, as the mortgage therein required 
 is to have in regard to the loan authorized by the said act. 
 The president shall also in each case of the issuing of the scrip 
 of the city, as hereinbefore provided, and simultaneously there- 
 with, make and deliver to the city treasurer the scrip of said 
 company, payable to .the holder thereof, at the same time, and 
 for the same aggregate amount as the scrip then issued by 
 said treasurer to said company, with like coupons for interest 
 attached; and the same shall be held by the city as collateral 
 security for the fulfilment of the conditions of said bond ; and 
 in default of any one of said conditions, said city may from 
 time to time sell said scrip, or any portion thereof, by public 
 auction, at one or more times, in the cities of Bath, Boston or 
 
MAINE CENTRAL EAILROAD. 369 
 
 Kew York, one or more of them, after sixty days' notice in —how and 
 writing to the president, or one of .the directors, naming therein goi^, 
 the time and place of sale. The net proceeds of all such sales 
 shall be endorsed on the bond or bonds of said company, held 
 by the city. 
 
 Sect. 4. All the rights, powers, obligations, remedies and 
 other provisions created, given, imposed and provided in the obfigat'ionBT&c.'. 
 act aforesaid, from the fifth to the eleventh section inclusive, 
 as applicable to the loan authorized in that act, are to be appli- 
 cable to the loan hereinbefore authorized, and the rights, duties 
 and remedies of the parties to the same ; and the same are here- 
 in given, imposed and provided to be enjoyed, executed and 
 enforced as to the loan herein granted, as the same are to be 
 enjoyed, executed and enforced in respect to the loan granted 
 in the act aforesaid. 
 
 Sect. 5. This act is not to be construed to repeal or change j^^^ ^ repeal 
 the provisions of the aforesaid act approved on the seventeenth or change pro- 
 day of March aforesaid ; but it is to be deemed and understood May it, iseo. 
 that the loan herein authorized is independent and in addition 
 to the loan therein granted, and that the said city is authorized 
 to make the loan herein provided, whether the railroad com- 
 pany shall comply with the conditions necessary to obtain the 
 second instalment of the former loan or not. 
 
 Sect. 6. This act shall be in force from and after its approval ^^^ acceptance 
 by the governor, so far as to to authorize the directors of the of,&o, 
 railroad company and the inhabitants of Bath to act on the 
 question of accepting the same, and for all the purposes in the 
 same specified from and after its acceptance as hereinbefore 
 provided. Af ■proved February 7, 1861. 
 
 LAWS OF 1862, CHAP. 148. 
 An act to empower the Androscoggin Railroad Company to make a mortgage. 
 
 -5e it enacted, die. Sect. 1. The president and directors 
 of said company are hereby authorized and empowered to Androscoggin 
 make a mortgage of the extension part of said railroad, from -authorized to 
 its junction in Leeds to Brunswick, with its franchise, right of te°n ponioTof 
 way, rolling stock, and other property belonging thereto, with '^ road. 
 
370 
 
 MAINE CEKTRAL EAILEOAD. 
 
 its earnings, for the purpose of paying any of the debts of said 
 corporation, or of hiring money for the use of said corporation 
 subject to the two mortgages already existing thereon in favor 
 of the city of Bath, anything in the foiir hundred and seventy- 
 fifth chapter of the special laws of eighteen hundred and sixty 
 to the contrary notwithstanding. 
 
 Sect. 2. This act shall take effect from and after its approval 
 by the governor. Approved February 26, 1862. 
 
 LAWS OP 1863, CHAP. 218. 
 
 An act to authorize tlie city of Bath to lend further aid to the Androscoggin 
 Railroad Company. 
 
 Bath, city of, 
 autborized to 
 lend farther aid 
 to the Andros- 
 coggin Railroad 
 Co. 
 
 Proviso. 
 
 Terms and 
 conditions. 
 
 See laws of 1861, 
 oh. 18. 
 
 Scrip when to 
 ' be issued. 
 
 — when pay- 
 able. 
 
 Be it enacted, &c. Sect. 1. The city of Bath is hereby 
 authorized to make a further loan of its credit to the Andros- 
 coggin Railroad Company to aid in the construction of the 
 extension of their railroad from the Leeds junction by the way 
 of Lewiston Falls to Brunswick, in such sum as may be by said 
 city judged to be expedient, not exceeding twenty-five thousand 
 dollars; provided, however, that this act shall not take eifect 
 except as hereinafter provided, unless and until the same shall 
 have been accepted by a vote of the directors of the railroad 
 company, within six months after its approval by the gover- 
 nor ; and also within the same time by a vote of the legal 
 voters of said city taken in a public town meeting legally 
 notified and assembled for that purpose; and at least two- 
 thirds of the votes cast at sxich meeting shall be necessary for 
 the acceptance of this act. 
 
 Sect. 2. Upon the acceptance of this act as aforesaid, the 
 mayor and aldermen shall certify the same to the city treasurer, 
 and he shall thereupon issue to the directors of said company 
 the scrip of the city in convenient and suitable sums to such 
 an amount as the city shall have decided to loan, payable to 
 the holder thereof at the expiration of thirty years from the 
 date thereof, with coupons for interest attached payable semi- 
 annually. 
 
 Sect. 3. To secure the city against any liability to pay said 
 scrip and interest, the president of the company upon being 
 
MAINE CENTRAL RAILROAD. 371 
 
 authorized by the directors thereof to make and execute the Terms and con- 
 securities hereinafter mentioned, shall upon the issue of the f^'™\^eTt" 
 scrip, execute and deliver to the said treasurer the bond of 
 said company in the penal sum of forty thousand dollars pay- 
 able to the city, and conditioned that the company will duly 
 pay all liabilities incurred by the city by the issue of such 
 scrip as shall be issued by virtue of this act, according to the 
 tenor thereof, and in all respects will hold and save harmless 
 the said city on account of the issue of the same ; and the presi- 
 dent shall also at the same time execute and deliver to the city 
 treasurer for the city of Bath the mortgage of said company to ^ 
 secure the performance of the conditions of said bond. Such 
 mortgage to be so made as to embrace the extension of said 
 railroad from Leeds to Lewiston and Brunswick, and of all 
 the property of said extension of every description whicli they 
 then have or may subsequently acquire, including the franchise 
 of said extension, with the rolling stock, and all the earnings 
 of said railroad, subject, however, to prior uncanceled mort- 
 gages on the same ; and said mortgage so executed and deliv- 
 ered, and recorded in the registry of deeds for tlie county of 
 Sagadahoc, shall to all intents and purposes be and the same 
 is hereby declared to be a full and complete transfer of said 
 extension from Leeds to Lewiston and Brunswick, and of all 
 the property of said extension, real and personal, then or sub- 
 sequently to be acquired, and of said franchise. And the 
 president being so authorized shall also upon the issuing of 
 the scrip of the city as hereinbefore provided, and simultane- 
 ously therewith, make and deliver to the city treasurer the 
 scrip of said company, payable to the holder thereof at the 
 same time and for the same aggregate amount as the scrip 
 then issued by said treasurer to said company, with like coupons 
 for interest attached; and the same shall be held by the city as 
 collateral security for the fulfilment of the conditions of said 
 bond; and in default of any one of said conditions said city 
 may from time to time sell said scrip or any portion thereof, 
 by public auction, at one or more times in the cities of Bath or 
 Boston, after sixty days' notice in writing to the president or 
 one of the directors naming therein the time and place of 
 
372 
 
 MAINE CENTRAL EAILEOAD. 
 
 When to take 
 effect. 
 
 sale. The net proceeds of all such sales shall be endorsed on 
 the bond of said company held by the city. 
 
 Sect. 4. This act shall be in fall force from and after its 
 approval by the governor, so far as to authorize the directors 
 of the railroad company and the inhabitants of Bath to act on 
 the question of accepting the same, and for all other purposes 
 in the same specified, from and after its acceptance as herein- 
 before provided. Approved February 14, 1863. 
 
 Chap. 386, spe- 
 cial laws of 
 1860, amended. 
 
 Branch B. B., 
 construction of 
 authorized. 
 
 LAWS OF 1865, CHAP. 512. 
 
 An act to amend chapter three hundred eighty-six of the special laws of 
 eighteen hundred sixty. 
 
 Be it enacted, &c.' The Androscoggin Railroad Company 
 is hereby authorized to extend, locate, construct, maintain 
 and use a branch railroad from the line of their said road in 
 Lisbon, to the mills of the Worumbo Manufacturing Company, 
 so as to connect therewith. Approved February 24, 1865. 
 
 Extension 
 authorized. 
 
 Route. 
 
 Connection. 
 
 Amended 1871, 
 ch. 651. 
 
 Bights, powers 
 and duties. 
 
 LAWS OF 1867, CHAP. 212. 
 An act to authorize a further "extension of the Androscoggin Railroad. 
 
 Be it enacted, <&c. Sect. 1. The Androscoggin Railroad 
 Company is hereby authorized, to extend, locate, construct and 
 maintain a branch of its road from any poinf * of its existing 
 road in the city of Lewiston, through the city of Lewiston and 
 the towns of Danville, Auburn, Poland, Minot, or a,ny of them, 
 and to connect the same with the Atlantic and St. Lawrence 
 Railroad, af some point at or near Mechanic Falls in Poland 
 or Minot, and thence to extend and connect with the Buek- 
 field Branch Railroad at any convenient point near the junc- 
 tion of the same with the Atlantic and St. Lawrence Railroad. 
 
 Sect. ,2. Said Androscoggin Railroad Company shall have 
 the same rights, privileges, powers and immunities, and be 
 subject to all the duties and liabilities respecting the location, 
 construction, maintenance, use and management of said branch 
 of their railroad hereby authorized to be constructed, that 
 they had and have respecting their existing railroad. \ 
 
MAINE CENTRAL RAILROAD. 373 
 
 Sect. 3. It is hereby declared that when the said branch of 
 the said railroad shall have been constructed, the existing ^f°^^^„'^ne" 
 railroad of said company and the said branch shall be deemed and branch, 
 to be one railroad, and be held as one and entire by said com- 
 pany, and in the same manner as if the whole railroad had 
 been embraced in the original charter of said company and 
 been constructed at the same time ; but no mortgage or lien Exemption of 
 now existing and in force upon said Androscoggin Railroad, ^litgJge^ 
 its franchise, right of way or rolling stock, earnings or income uen against 
 thereof, shall attach to or hold in any manner whatsoever the 
 branch of said railroad provided for in this act. And whereas 
 the said company have been and now are divested of their 
 title to the railroad originally built by them and extending 
 from the crossing of the Maine Central railroad in the town of 
 Leeds, to the upper or northern terminus thereof, at a point 
 near the village of Farmington Hill, by the foreclosure of a 
 mortgage of said company thereon, together with other real 
 estate, implements, fixtures and rolling stock originally pur- 
 chased and held by the said company and also conveyed by 
 said mortgage, being all the property of said company held 
 before their existing railroad was built and equipped, and 
 whereas their existing railroad was built and equipped with 
 funds in no part derived from the original stockholders, or 
 from any property or assets of or in any manner or degree 
 derived from any rights, property or assets of the said company 
 as it originally existed, and previous to the former extension 
 of their raihoad, but from moneys pi-ocured by the issue of 
 new stock for that purpose and by loans secured by mort- 
 gages upon said extension and iipon all the rolling stock pur- 
 chased with money thus obtained, the franchise, earnings and 
 income thereof; and whereas the said company as it now exists 
 has not nor ever had any benefit or advantage of, or from, any 
 debts contracted by the said original company previous to 
 their said extension and not contracted by them for, or respec- 
 ting, the location, construction, maintenance and use of their 
 said extension and its equipments, fixtures and furniture, and 
 whereas in an act of the legislature entitled "an act additional 
 to. an act entitled an act to authorize an extension of the 
 
374 
 
 MAINE CENTRAL EAILROAD. 
 
 Exemption of 
 corporate prop- 
 erty from 
 attachment and 
 seizure for 
 debts created 
 prior to March 
 20, 1860. 
 
 New stock. 
 
 Limit of same 
 and value of 
 shares. 
 
 Mortgages, how 
 and to whom 
 made and pur- 
 pose of same. 
 
 Where 
 recorded. 
 
 Androscoggin Railroad," approved on the twentieth day of 
 March in the j'ear of our Lord one thousand eight hundred 
 and sixty, it is provided in substance that the said extension is 
 and shall be exempt from all liability for debts previously 
 incurred by said, company, now therefore it is hereby further 
 enacted, that the said extension, and the branch to be con- 
 structed as hereinbefore provided, with all other real estate 
 and personal property now held by them or that may here- 
 after be acquired, and the earnings and the income of the 
 whole road, shall be forever exempt from attachment and 
 seizure on execution, to secure pay, discharge or liquidate any 
 debt contracted, created or owed by said company previous to 
 the twentieth day of March aforesaid, and not contracted or 
 created for or respecting the location, construction and use of 
 their said extension, or the branch hereinbefore provided fpr. 
 
 Sect. 4. In order to procure the means to build and equip 
 the said branch of their railroad, the said company may issue 
 new stock, in shares of the par value of one hundred dollars 
 each, to an amount not exceeding four hundred thousand dol- 
 lars, and may mortgage their whole railroad, or any part or 
 parts thereof, with their franchise, and any or all of their redl 
 estate, with or without the equipments, fixtures or furniture, 
 subject to the incumbrances of any mortgages upon the exist- 
 ing part of said railroad, to any city or cities, town or towns, 
 or any person or persons, party or parties whatsoever, to secure 
 any loan of money, notes, scrip, bonds, or other obligations to 
 said company ; and it shall be sufficient to record such mor^ 
 gage or mortgages of said railroad, part or parts thereof, with 
 or without personal property, in the registry of deeds of 
 Androscoggin county. But if such mortgages shall convey 
 personal property only, then it shall be sufficient to record the 
 same in the records of mortgages of personal property in the 
 city of Lewiston. 
 
 Sect. 5. This act shall take effect when approved by the 
 governor. Approved February 4, 1867. 
 
MAINE CENTEAL EAILKOAD. 375 
 
 LAWS OF 1867, CHAP. 213. 
 
 An act to authorize tlie Leeds arid Farmington Kailroad Company to make 
 a lease, and for other purposes. 
 
 Be it enacted, <&c. Sect. 1. The Leeds and Farmington 
 Railroad Company is hereby authorized and empowei-ed to flrtureo, &o., to 
 make a lease of its railroad, extending from Leeds Crossine; to Androsooggiu 
 
 ' ° ° . BailroadCo. 
 
 Farmington, with all its rolling stock, tools and other tangi- 
 ble personal property appurtenant thereto, with the franchise 
 of said company, to the Androscoggin Railroad Company, for 
 a term of years. 
 
 Sect. 2. The Leeds and Farmington "Railroad Company is 
 hereby authorized to sell and convey its said railroad, with all ^^'^ ^^'^ ^^™® 
 
 *' '^ to saia corpora- 
 
 its rolhng stock, tools and other tangible personal property tion. 
 
 appurtenant thereto, with the franchise of said corporation, to 
 
 the Androscoggin Railroad Company; provided, that the 
 
 directors of said company shall have no power to make such 
 
 sale unless authorized to do so by a vote of the stockholders, gaie. 
 
 in a meeting legally called for that purpose ; but such sale shall 
 
 not impair any rights, or take away, or diminish any remedies 
 
 of the creditors of either of said corporations. Approved 
 
 February 4, 1867. 
 
 LAWS OF 1869, CHAP. 168. 
 
 An act to authorize the Androscoggin Railroad Company to alter and 
 amend its by-laws. 
 
 Be it enacted, c&c. Sect. 1. The Androscoggin Railroad 
 Company is hereby authorized to alter or amend its by-laws S'aitoed'or 
 by a major vote, to be taken at any annual meeting of said amended, 
 company ; provided, that due notice of any such alteration or pro™o. 
 amendment shall be given in the notification for said meeting. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 24, 1869. 
 
 LAWS OF 1870, CHAP. 291. 
 
 An act to authorize the extension of the railroad terminating at 
 Farmington, known as the Androscoggin Kailroad. 
 
 Be it enacted, <&c. Sect. 1. The Androscoggin Railroad 
 
376 MAINE CENTRAX RAILROAD. 
 
 Extension of Company as now constituted by the stockholders in the exten- 
 Raiiroad''co'.° sion part of Said raih'oad, authorized by an act entitled "an 
 authorized. ^ct to authorize the extension of the Androscoggin Raiboad," 
 approved February fifteen, eighteen hundred and sixty, is 
 hereby authorized to extend the railroad now operated by 
 said company, from any point on said railroad in the town of 
 Farmington, to any other point within the said town of Far- 
 mington, and to locate, construct, maiiitain and use the same. 
 Sect. 2. Said Androscoggin Railroad Company shall have 
 Rights, privi- the Same rights, privileges, powers and immunities, and be sub- 
 a^riiahiiities. i^^^ ^^ ^^^ *^® duties and liabilities respecting the location, con- 
 struction, maintenance, use and management of said portion of 
 railroad, hereby authorized to be extended, that they had an4 
 have respecting their existing road. 
 
 Sect. 3. It is hereby further enacted that no mortgages, 
 
 Existing mort- ■, , , y. , . ... . „ ., 
 
 gages, &c., not doDts, liens Or Claims now existing or in torce upon said 
 
 attach to^ Androscoggin Railroad, or upon the said extension thereof, 
 
 its right of way, franchise, or rolling stock, shall attach to 
 or have any force, hold, claim, or lien of any nature whatso- 
 ever, upon this extension granted to said railroad in the town of 
 Farmington. But this extension of said railroad shall be held 
 
 hew™e°'arate*^ Separate from the railroad now established and in operation, 
 and for security to any corporation or persons who may furnish 
 to said company the means necessary for building and com- 
 pleting the same. And the president and directors of said 
 
 May mortgage Androscoggin Railroad Company shall have the power to 
 
 and transfer &o Jr . J r 
 
 the railroad for mortgage or transfer this extension of said railroad in the town 
 
 a certain pur- 
 pose. 
 
 of Farmington, with its franchise, right of way, and all the 
 property belonging thereto, with its earnings, for the purpose 
 only of procuring means to build, finish and equip said exten- 
 sion, and to secure the debts contracted therefor, any mort- 
 gage, lien, claim or law to the contrary notwithstanding. 
 
 Sect. 4. This act shall take eff"ect when approved. -4?- 
 proved Fehruary 1, 1870. 
 
MAINE CENTRAL KAILROAD. 
 
 LAWS OF 1870, CHAP. 292. 
 
 377 
 
 An act to authorize the Farmington Village Corporation to raise money 
 to aid in the extension of the railroad terminating at Farmington, 
 known as the Androscoggin Railroad, and to contract for said exten- 
 sion. 
 
 Be it enacted, (&c. Sect. 1. The Farmington Village Cor- 
 poration may at any legal meeting, duly notified and called ■'^''™' """^ "°"' 
 for that purpose, raise bj' tax or loan, such sums of money as 
 said corporation shall deem expedient, not exceeding thirty- 
 five thousand dollars, and may appropriate the same in such 
 manner and on such terms as said corporation shall determine, 
 to aid in the extension of the railroad now operated by the 
 Androscoggin Kailroad Company, to some point within or 
 near the limits of said village corporation ; provided that two- 
 thirds of the legal voters present and voting at such meeting 
 shall so vote. 
 
 Sect. 2. The said Farmington Village Corporation is hereby 
 authorized and empowered to make such contracts with the authorized. 
 Androscoggin Railroad Company, for the purpose mentioned 
 in the preceding section, as the said village corporation may 
 determine, and may raise money by tax or loan, to carry the 
 same into effect, not exceeding, however, the amount named 
 in the preceding section. 
 !■ Sect. 3. The assessors and treasurer of said village corpora- 
 tion, upon being authorized so to do by a vote of said corpora- ^"f ^ °^ ™T" 
 
 . , . '^ ration may be 
 
 tion, may issue the scrip of said corporation to such an amount, issued, 
 not exceeding thirty-five thousand dollars, as said corporafion 
 may determine, in certificates of not less than one hundred 
 dollars each and payable in such number of years from their 
 date as said corporation may determine, with interest at the 
 rate of six per centum per annum, with semi annual coupons 
 attached thereto, the said scrip to be signed by the said assess- 
 ors and treasurer, but the coupons shall be signed by the 
 treasurer only. 
 
 Sect. 4. This act shall take effect when approved. Aj)- 
 proved February 1, 1870. 
 
 24 
 
378 MAINE CENTRAL RAILROAD. 
 
 LAWS OF 1871, CHAP. 654. 
 
 An act to amend an "act to authorize a further extension of the Andros- 
 coggin Railroad," approved February fourth, eighteen hundred and 
 sixty-seven. 
 
 Amended. 
 
 JBe it enacted, <&c. Sect. 1. Section one of an act entitled 
 "an act to authorize a further extension of the Androscoggin 
 Authorized to Kailroad, is hereby amended, by adding to said section the 
 conneetwith A. following words, namely : "or to connect with the said Atlantic 
 road in limits of and St. Lawrencc Railroad at any point within the limits of 
 certain owns, ^j^^ ^^j^ towns of Danville, Auburn, Poland or Minot." 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 18, 1871. 
 
 LEASE 
 
 Of the Androscoggin Railroad to the Maine Central liaU- 
 road for nine hundred and ninety-nine years. 
 
 Memoeandum of an agbbbment between the Androscoggin RaikoadCom. 
 pany of the first part, and the Maine Central Railroad Company, party of the 
 second part, witnesseth : 
 
 Aet. 1. That the party of the first part hereby leases to the party of tie 
 second part, its railroad as now constructed and used from the town of 
 Brunswick, in the couaty of Cumberland, to the city of Lewiston, in the 
 county of Androscoggin, and to its junction with the Leeds and Farmington 
 Raihoad, in the town of Leeds, in the county of Androscoggin, including 
 Jones' Block ("so called) in Lewiston, and the wh4rf property belonging to 
 said company in the city of Bath, together with all the equipment and roll- 
 ing stock belonging to said company wherever situated, and all the prop- 
 erty, real, personal and mixed on the line of said road and connected there- 
 with and now in the possession thereof, excepting such wood, oak and car 
 stufE received since examination of road, and sleepers not laid in the 
 track as shall be upon the line of said road on the fii-st day of July, 1871, to 
 be held by the party of the second part for and during the full term of nine 
 hundred and ninety-nine years upon the terms and conditions hereinafter set 
 forth. 
 
 Aet. 3. The party of the first part also agrees to assign, and does hereby 
 assign and transfer to the party of the second part the lease which it now 
 hold* of the Leeds and Farmington Railroad, dated June 1, 1867, and all the 
 right and privileges which it has to said road by virtue of said lease or 
 
MAINE CENTRAL EAILROAD. 379 
 
 otherwise, and also hereby leases to said party of the second part, on the same 
 terms as are set forth in section first hereof, the extension of its road from 
 West Farmington across the Sandy nver to the village of Parmington, includ- , 
 ing the franchise thereof, and all its property and rights of property, real, 
 personal and mixed, on the line of said extension, or on the line of said 
 Leeds and Parmington Railroad excepting sleepers, oak and wood as above 
 stipulated. 
 
 Abt. 3. And the party of the first part hereby assigns and transfers to the 
 party of the second part, its charter for an extension of Its railroad from 
 Lewiston to Mechanic Palls, approved Pebruary 4, 1867, and also the amend- 
 ment to said charter, approved Pebruary 18, 1871, with full power and 
 authority to act under said charter and the amendment thereof, to extend 
 said raih-oad as far as said charter and the amendments thereto will author- 
 ize, at its own cost, and to operate and use said road when thus extended for 
 its own benefit. 
 
 Aet. 4. And the party of the first part further agrees with the party of 
 the second part, that it will hold the party of the second part harmless from 
 all debts, claims and demands that may exist against said party of the first 
 part on the first day of July, 1871, on account of the property hereby leased 
 and assigned, or any that may hereafter be created by said party of the first 
 part, and from all liabilities arising from any such debt, claim, demand or lia- 
 bility, excepting the liability to pay the bonds issued by the city of Bath in aid 
 of the construction of said road, amounting in all to the sum of four hundred 
 and twenty-five thousand dollars ($425,000), and the interest which shall accrue ^ 
 thereon after the first day of July, 1871 ; and excepting, also, all liabilitiea 
 arising under the lease of the Leeds and Farmington Railroad aforesaid, frc^m 
 and after said first day of July; and excepting, also, the obligations incurred 
 by reason of a contract between said party of the first part and the village 
 corporation of Farmington, dated April 15, A. D. 1870, as hereafter provided. 
 
 Aet. 5. And the party of the first part further agrees that it will, in its 
 corporate capacity, do and perform all acts and things necessary to keep up 
 and maintain its organization as a corporation, and to enable the party of the 
 second part to use, operate, extend and improve said road, and each and all 
 parts thereof; to establish and collect tolls for .the transportation of pas- 
 sengers and freight thereon, and fully to protect said party of the second 
 part in all its rights and privileges and immunities in relation to the property 
 hereby leased or the leases which have hereby been assigned, and for this 
 purpose the party of the second part is hereby authorized to use the corpo- 
 rate name of the party of the first part wherever it may be necessary to se- 
 cure the object above stated, and will also, at the request of the party of the 
 second part, pass all votes, and do all other acts necessary to renew or ex- 
 tend the bonds issued by the city of Bath, in aid of said railroad company 
 or in place thereof ; issue the bonds of said company and execute such mort- 
 gage or mortgages on said road as may be required to secure said bonds, the 
 necessary expense thereof to be paid by the party of the second part ; pro- 
 vided no act shall be done by the party of the second part under the authority 
 to extend said road as herein given, or by issuing new stock by which this 
 lease shall be terminated or its provisions modified, without the concurrence 
 
380 MAINE CENTRAL RAILEOAD. 
 
 of the party of the first part as representing the stock now in existence ; and 
 if any stock shall be issued with their concurrence, such stock shall in no 
 . way afEect the stock now in existence, or the rights and interests of its hold- 
 ers so far as any dividends arising from the rent herein agreed to be paid is 
 concerned. 
 
 Aet. 6. In consideration of the above agreements and stipulations of the 
 party of the first part, the party of the second part hereby agrees to take said 
 lease and assignments, and to enter upon, occupy, operate and improve the 
 property therein described according to the agreements and stipulations 
 aforesaid, and to hold the party of the first part harmless from all loss 
 or damage from any act or things done or performed, and from any 
 neglect to do and perform any and all acts required by law and by 
 the aforementioned lease and contract, to be performed by parties in the 
 operation of railroads in this State by the party of the second part in the 
 use and occupation of said railroad or any part thereof ; to pay all taxes that 
 may be lawfully assessed on said property or any part thereof, not including, 
 however, any tax upon the stock or bonds of said road held by individuals ; 
 to keep said road with its rolling stock and equipments in good condition and 
 repair, and to return the same, and all parts thereof, at the end of the time 
 at which said party is entitled to hold the same, in as good condition and re- 
 pair as when taken. 
 
 Aet. 7. And the party of the second part further agrees that it will per- 
 form all the conditions in the lease of the Leeds and Farmington Railroad, 
 also all the conditions in a certain contract with the Farmington village cor- 
 poration, dated on the loth day of April, A. D. 1870, so far as operating and 
 maintaining the extension of said road across the Sandy river is concerned, 
 to be performed by the party of the first part ; that it will pay the interest 
 or coupons on the bonds issued by the city of Bath in and for the party of 
 the first part, as the same shall fall due and be presented for payment (not 
 including interest prior to July 1, 1871), and wiU pay said bonds at the matu- 
 rity thereof ; that it will issue to the party of the first part scrip bearing date 
 July 1, 1871, to the amount of one hundred and ten thousand dollars, which , 
 scrip shaD bear interest at the rate of six per cent, per annum, but payable 
 semi-annually in payments- of three per cent, on the first days of July and 
 January in each year, which scrip shaU be convertable, at the election of the 
 holder, into the capital stock of the Maine Central Railroad Company, at par, 
 after three years from July 1, 1871 ; that it will issue or transfer to the party 
 of the first part, within one year from the first day of July, 1871, two thou- 
 sand shares of the capital stock of the Maine Central Railroad Company, 
 and wUl also issue to the party of the first part its promissory notes to the 
 amount of thirty-three thousand and three hundred and thirty-three 33-100 
 dollars, payable with interest, in equal payments, in six, twelve and eighteen 
 months from July Ist aforesaid, which notes said party of the second part 
 may pay and discharge if it so elect, at any time before the maturity thereof 
 in the stock of said company, at the rate of thirty-three 33-100 dollars per 
 share, in which case, interest on said notes is to be remitted. 
 
 Art. 8. It is further agreed that should the party of the second part fail to 
 pay the rent reserved in the lease of the Leeds and Farmington Road when 
 
MAINE CENTRAL EAILEOAD. 381 
 
 due and payable, or the bonds and coupons of the city of Bath as the same 
 become due and are presented for payment, and such failure should con- 
 tinue for the space of sixty days, the party of the first part may termi- 
 nate said lease and assignment and resume possession of the road, provided 
 it shall have given at least thirty days' notice in writing to the party of the 
 second part of its intention so to do ; but this shall not take away or diminish 
 any other rights or remedy at law or in equity, to enforce the performance 
 of its agreements as herein set forth. 
 
 Art. 9. And it is also agreed by the party of the first part, that in case it 
 shall fail to fulfil and perform all and singular the agreements by said party 
 to be performed, as herein set forth, then and in that case the scrip herein 
 agreed to be issued shall be held to indemnify the party of the second part 
 for such failure, and shaU be appropriated for that purpose as far as may be 
 necessary. 
 
 It is mutually agreed by the parties hereto, that should any disagreement 
 arise between the parties as to the construction of this lease or the rights of 
 the parties under it, the same shall be submitted to the determination, of 
 three disinterested arbitrators, to be appointed by the chief justice of the 
 supreme judicial court of the State of Maine, on the application of either 
 party, whose award in the premises shall be final and conclusive of the mat- 
 ter submitted to them. 
 
 In witness whereof, the undersigned, president and directors of the Andros- 
 coggin Railroad Company, and of the Maine Central Railroad Company, 
 being thereto duly authorized, have set their names and affixed the seals of 
 their respective companies, this twenty-ninth day of June, A. D. 1871. 
 
 LEASE 
 
 Of the Leeds and Farmingtori Railroad to the Androscog- 
 gin Railroad, referred to in the foregoing lease. 
 
 Mkmobandum of a oontbaot oe lease entered into on the first day of June, 
 1867, between the Leeds and Farmington Railroad Company, acting by Henry 
 M. Payson, president of said company, who is duly authorized for that spe- 
 cial purpose by a vote of the directors of said company, and the Androscog- 
 gin Railroad Company, acting by Oliver Moses, president of said company, 
 who is also duly authorized for tl^at special purpose by a vote of the directors 
 of the last said named company. 
 
 The Leeds and Farmington Railroad Company does hereby demise and let 
 unto tlie Androscoggin Railroad Company, the Leeds and Farmington Rail- 
 road, extending from Leeds Crossing to Farmington, and all its fixtures and 
 appurtenances, inclufling the depots and other buildings of said Leeds and 
 Farmington Railroad Company at Farmington, and along the whole line of 
 
382 MAINE CENTEAL RAILROAD. 
 
 the said railroad, witli tlie franchise of said company, and all its rolling 
 stock, Implements, tools and other tangible personal property, to have and to 
 hold to said Androscoggin Railroad Company for the term of forty-eight 
 years and six months from this date, and said Leeds and Farmington Railroad 
 Company transfers to said Androscoggin Railroad Company, all the tolls, 
 use, income and profit to be derived from said demised property until the 
 first day of December, 1915, upon the conditions hereinafter set forth and 
 not otherwise. 
 
 Said Androscoggin Railroad Company, in consideration of said demise, 
 does hereby covenant and agree to put said Leeds and Farmington Railroad 
 and appurtenances in a good and safe state of repair for travellers, their 
 goods and merchandise, which shall be in transit over said Leeds and Farm- 
 ington Railroad, at the expense of said Androscoggin Railroad Company, m 
 a reasonable time, and to maintain and keep said Leeds and Farmington 
 Railroad and appurtenances in a good and safe state of repair till the first 
 day of December, 1915. 
 
 And said Androscoggin Railroad Company, does further covenant and 
 agree, with the aid of said rolling stock, implements, tools and other tangi- 
 ble personal property, hereby demised, to furnish other rolling stock and 
 other tangible personal property and suitable men, sufficient to operate said 
 Leeds and Farmington Railroad in a faithful and business-like manner, and 
 with all due regard to the public interest, for forty-eight years and six 
 months from this date, and therewith to operate said railroad in a faithful 
 and business-like manner, and with all dae regard to the interests of the 
 public untU the first day of December, 1915. 
 
 And said Androscoggin Railroad Company does hereby further covenant 
 and agree to pay all taxes that have heretofore been lawfully assessed, or 
 that shall hereafter be lawfvJly assessed on said Leeds and Farmingtoil Rail- 
 road, and the other property hereby demised therewith, by the several towns 
 through which said Leeds and Farmington Railroad is located, and all taxes 
 lawfully assessed thereon by the national government, and whether upon the 
 gross earnings or otherwise, during the continuance of this lease. 
 
 And said Androscoggin Railroad Company does hereby further covenant 
 and agree to maintain suitable fences on each side of said Leeds ana Farm- 
 ington Railroad, wherever the law requires fences, during the continuance 
 of this lease, and to indemnify said Leeds and Farmington Railroad Company 
 from all damages and costs, that said Leeds and Farmington Railroad Com- 
 pany may suffer by reason of any deficiency in any of said fences, or by 
 reason that any of them shall be out of repair, at any time prior to the first 
 day of December, 1915. 
 
 And said Androscoggin Railroad Company does hereby further covenant 
 and agi'ee to pay all damages that may be suffered by any individuals, by the 
 destruction of any of their domestic animals, that may be injured or killed 
 by being on the track of said Leeds and Farmington Railroad, for which the 
 said Leeds and Farmington Raih'oad Company shall be liable dnrmg said 
 term of forty-eight years and six months, and fully to indemnify said Leeds 
 and Farmington Railroad Company from the payment of damages in any ana 
 all such cases, and from any and all suits that may be brought therefor, and 
 
MAINE CENTRAL RAILROAD. 383 
 
 from any and all damages that may be recovered for injuring or destroying 
 domestic animals on the track of said Leeds and Farmington Railroad in any 
 such suit or suits for injuries done during said forty-eight years and -six 
 months. 
 
 And said Androscoggin Railroad Company does hereby further covenant 
 and agree to pay all damages that may be suffered by individuals in their 
 persona and property, or either, by reason of any injury they may receive 
 while they or tjieir property shall be in course of transit over said Leeds and 
 Farmington Railroad, or by fire from the engines or cars passing over said 
 railroad, extending to and destroying property not In the course of transit, 
 for which said Leeds and Farmington Railroad Company shall be liable during 
 said period of forty-eight years and sis mouths ; and fully to indemnify said 
 Leeds and Farmington Railroad Company from the payment of damages in 
 any and all such cases, and from any and all suits that may be brought there- 
 for, and from any and all damages and costs, that may. be recovered against 
 said Leeds and Farmington Railroad Company in any such suit or suits, for 
 injuries arising on said Leeds and Farmington Railroad, until the first day of 
 December, 1915. 
 
 And the said Androscoggin Railroad Company does hereby covenant and 
 agree, in consideration of said demise, and as one of the express conditions 
 thereof, to do and perform all things legally incumbent upon the said Leeds 
 and Farmington Railroad Company to do and perform in connection with the 
 maintaining, operating and managing said Leeds and Farmington Railroad, 
 and to save harmless the said Leeds and Farmington Railroad Company from 
 any and every liability of whatever nature, which may thereby be incurred, 
 and any and every cause of action which may thereby accrue, and any and 
 every suit that may be instituted against said Leeds and Farmington Railroad 
 Company during the continuance of this lease for such liability. 
 
 And for the rent of said demised property, said Androscoggin Railroad 
 Company does hereby further covenant and agree, for the first forty-two 
 months, to pay at the rate of thirty-two thousand dollars per year, to be paid 
 semi-annually, that is to say, sixteen thousand dollars every six months, to 
 be paid on the first days of December and June In each year ; for the next 
 five years said Androscoggin Railroad Company hereby covenants and 
 agrees, to pay rent at the rate of thirty-four thousand dollars per year ; for 
 the next five years said Androscoggin Railroad Company hereby covenants 
 and agrees, to pay rent at the rate of thirty-six thousand dollars per year ; 
 for the next ten years said Androscoggin Railroad Company hereby cove- 
 nants and agrees, to pay rent at the rate of thirty-eight thousand dollars per 
 year ; and for the remaining twenty-five years, said Androscoggin Railroad 
 Company hereby covenants and agrees, to pay rent at the rate of forty thou- 
 sand dollars per year ; and said Androscoggin Railroad Company further 
 covenants and agrees to pay all of said rents in semi-annual payments, on the 
 first days of June and December in each year, till the whole is paid. 
 
 And said lessee is to have all the old iron and other materials that may be 
 talien from the road, fixtures and appurtenances, in making repairs, and all 
 buildmgs or parts of buildings that may be replaced by others, whether upon 
 the same or other ground. 
 
384 MAINE CENTEAL RAILROAD. 
 
 And said Androacoggin Railroad Company does hereby further covenant 
 and agree to quit peaceably, and give up the possession of said Leeds and 
 Farmington Railroad, with all its depots and other buildings, and to leave 
 the same in a good and safe state of repair on the first day of December, 
 1915. 
 
 And, whereas an inventory was taken on the twenty-flrst day of Decem- 
 ber, 1866, of all the rolling stock, implements, tools and other tangible per- 
 sonal property of said Leeds and Farmington RaUroad Cpmpany, as it 
 existed on the fii-st day of December, 1865, by the said two railroad compa- 
 nies, the Leeds and Farmington Railroad Company, acting by its committee, 
 consisting of Daniel Holland, Jabez C. Woodman and Reuben Cutler; and 
 said Androscoggin RaUroad Company; acting by its committee, consisting of 
 Oliver Moses and John H. Kimball, and by said inventory, the value of all 
 said rolling stock, implements, tools and other tangible personal property 
 belonging to said Leeds and Farmington Railroad Company, whether owned 
 in severalty or owned in common with said Androscoggin Railroad Com- 
 pany, was found to be twenty thousand two hundred and forty-three dollars 
 ($30,243.00,) the said parties do hereby covenant and agree, that said inven- 
 tory shall become incorporated into this instniment and shall constitute apart 
 of the same, and a copy thereof is hereto annexed, marked A. 
 
 And said Androscoggin Railroad Company does hereby further covenant 
 and agree, that on the first day of December, 1915, on the termination of 
 this lease, said Androscoggin Railroad Company will deliver to said Leeds 
 and Farmington Railroad Company, other rolling stock, tools, fuel and other 
 tangible personal property of like kinds suitable for said railroad, of the fall 
 value of twenty thousand two hundred and forty-three dollars C$30,343.00;. 
 
 And said Androscoggin Railroad Company does further covenant and agree, 
 that if sai^d company shall fail to pay any portion of the rent reserved and 
 stipulated as aforesaid on the day the same shall become payable, or if said 
 Androscoggin Railroad Company shall fail to perform any other of the fore* 
 going covenants, on its part to be performed, this lease shall be thereby ter- 
 minated at the election of said lessor, and said lessor may at once enter into 
 possession of all the aforesaid demised property, and expel said lessee with- 
 out process of law and without previous notice. 
 
 In testimony whereof, the said Leeds and Fai-mington Railroad Companyj 
 by Hemy M. Payson, president of said company, for that purpose specially 
 authorized by a vote of the directors of said company, and said Androscoggin 
 Railroad Company, by Oliver Moses, president of said company, for that 
 purpose specially authorized by a vote of the directors of said company, 
 have hereto affixed the names and seals of their respective corporations on 
 the day and year first above written. 
 
 Signed, sealed and delivered 
 in presence of 
 
 J. C. 'Woodman, H. M. PATSON, [l. s.] 
 
 G. F. Thubston. Pres. L. & F. B. B. Co. 
 
 J. H. Kimball. OLIVER MOSES, [l. s.] 
 
 Timothy Everett. Pres. Androscoggin B. B. Co. 
 
MAINE CENTRAL RAILED AD. 385 
 
 CONTRACT 
 
 With Leeds and Farmington Railroad Company and the 
 Maine Central Railroad. 
 
 Mbmoeandu m of an ageebmbnt by and between the Leeds and Farming- 
 ton Railroad Company of the first part, and the Maine Central Railroad 
 Company of the second part, made and entered into this twenty-ninth day of 
 July, A. D. 1871, witnesseth: 
 
 Whereas, the Androscoggin Railroad Company has assigned its lease of the 
 railroad of the party of the first part to the party of the second part, it is 
 hereby agreed by the parties hereto, to modify said lease as follows : 
 
 Art. 1. The term shall be nine hundred and ninety-nine yeai's, instead of 
 the term named in said lease. 
 
 Abt. 2. In lieu of the rent stipulated in said lease, and in lieu of all rent, 
 the party of the second part hereby agrees to pay the coupon interest on 
 bonds to be issued by the party of the first part, to the amount of six hun- 
 dred and thirty-three thousand three hundred and thirty-three dollars, as the 
 same shall fall due, and also will pay the principal of said bonds when they 
 mature. 
 
 Said bonds are dated the first day of July, A. D. 1871, payable the first 
 
 I day of July, A. 1). 1896, secured by a mortgage of said railroad, to which 
 
 mortgage said lease is hereby made subject, having coupons attached for the 
 
 payment of the interest on said bonds, at six per cent, per annum, payable 
 
 semi-annually. 
 
 And it is agreed that each one of said bonds shall be endorsed with the 
 words "the payments of the principal and coupons of the within bond guar- * 
 anteed by the Maine Central Railroad Company, as per contract dated the 
 twenty-ninth day of July, A. D. 1871," and the endorsement signed by the 
 treasurer of said party of the second part, and said party of the second part 
 shall beheld to pay no bonds not thus authenticated. 
 
 Art. 3. That said party of the first part will save said party of the second 
 part harmless from all liability for any incumbrance on said railroad other 
 than said mortgage to secure the amount of the bonds above named. 
 
 Abt. 4. That the stock now issued and held by the stockholders of said 
 party of the first part shall be all or substantially all, transferred to such per- 
 sons as the party of the second part shall designate to be holden in trust for 
 its own stockholders. 
 
 Art. 5. That said lease shall not be forfeited by a failure to pay said bonds 
 and coupons, but the holders thereof shall have all other remedies to which 
 they are entitled under the laws of the State. 
 
 In witness whereof the said Leeds and Farmington Railroad Company and' 
 said Maine Central Railroad Company have caused these presents to be exe- 
 cuted in behalf of them respectively, by their respective presidents under 
 their respective corporate seals. 
 
 Maine Central Railroad Company, 
 
 [i. s.] By R. D. RICE, President. 
 
 Leeds and Farmington Raili'oad Company, 
 [i. B.] By H. M. PAYSON, President. 
 
386 
 
 MAINE CENTRAL RAILROAD. 
 
 May extend 
 road from Dan- 
 viUe to Port- 
 land, 
 
 Interference 
 witli track and 
 lands of F. & 
 K. K. E. 
 prohibited. 
 
 Boute. 
 
 Kights, obliga- 
 tions, &c. 
 
 Conditions of 
 transportation 
 on line of P. & 
 K. K. R. 
 
 LAWS OF 1867, CHAP. 354. 
 
 An act additional to the acts which constitute the charter of the Maine 
 Central Railroad Company. 
 
 Be it enacted, c&c. The following sections are additional to 
 the acts which constitute the charter of the Maine Central 
 Railroad Company : 
 
 Sect. 1. The cornpany is empowered, upon land which it 
 shall have acquired, in the mode prescribed in the acts to 
 which this is additional, to construct a railroad, with one or 
 more sets of rails, extending from some point in Danville, on 
 the line of its present road, and at or near the Danville Junc- 
 tion, to the city of Portland; provided, however, that if said 
 Maine Central Railroad Company shall locate said contem- 
 plated road from Yarmouth, or any intermediate point between 
 that and Portland along the line of tlie Portland and Kenne- 
 bec Railroad, it shall do so, so as not to obstruct or interfere 
 with the tracks of said last named company, except in crossing 
 the same; and provided further, that from a point at the 
 westerly side of Vaughn's bridge road (Danforth street) in 
 Portland, said contemplated railroad shall not be located on 
 any land now owned by the Portland and Kennebec Railroad 
 Company, without the consent of said company, in writing, 
 except to cross the track of said road west of the land of the 
 Glass Company. 
 
 Sect. 2. The road thus authorized may pass, in its couree, 
 through any or either of the tc'wns of New Gloucester, Gray, 
 North Yarmouth, Pownal, Yarmouth, Cumberland, Falmouti 
 and Westbrook. 
 
 Sect. 3. In relation to this authorized road, the company is 
 hereby vested, in all respects, with the same rights, privileges 
 and immunities, and made subject, in all respects, to the same 
 obligations and liabilities that were attached to it, in relation to 
 its existing road, either by the general railroad act (chapter 
 fifty-one of the revised statutes) or by the acts to which this 
 act is additional. 
 
 Sect. 4. If said contemplated railroad shall be located along 
 the line of the Portland and Kennebec Railroad, it shall not, 
 without the written consent of the said railroad company, 
 
Taxes, &c. 
 
 MAUSTE CENTRAL EAILEOAD. 387 
 
 receive and transport any passengers or freight between any 
 point along said line, after it strikes tlie road- way of said Fort- 
 land and Kennebec Railroad. 
 
 Sect. 5. All and any real estate, acquired for railroad nses, 
 shall be taxed to the company by the city or town in which 
 the estate lies, in the same manner and upon the same valua- 
 tion as lands of the same quality owned by individuals. 
 
 Sect. 6. Any person or persons wlio shall wilfully obstruct 
 the passage of any carriage upon the track, or destroy or injure pass and penai- 
 any railroad authorized by this act, or anything belonging tiea therefor, 
 thereto, or any material or apparatus or implement designed 
 to be employed in the construction of the road, or for the use 
 of the company, shall forfeit and pay treble damages, to be 
 recovered to the use of the company, by suit brought in the 
 name of its treasurer. 
 
 Sect. 7. For such wilful or wanton trespass the offender or j,„jt,jgj , 
 offenders, on conviction, upon an indictment, are punishable by ishment by fine 
 a fine, to the use of the State, not exceeding five huridred dol- ment. 
 lars, or by imprisonment and labor in the State prison not 
 exceeding six years. 
 
 Sect. 8. Upon the acceptance of this act, the company may, ^ 
 
 ^ '^ ' r •/ .' ' Increase of cap- 
 
 if deemed expedient, increase its capital stock to an amount in uai stock. 
 the whole not exceeding ten thousand shares of one hundred 
 dollars each. 
 
 Sect. 9. Five years after the passage of this act are allowed Time for loca- 
 
 the company in which to locate and construct said road. ''""' *"• 
 
 Sect. 10. If this act be accepted by the company, that f,; ,^j . 
 
 acceptance shall be immediately certified by its clerk to the notice of 
 
 secretary of State. Approved -February 25, 18Q7. acceptance. 
 
388 
 
 MAIISTE CENTRAL RAILROAD. 
 
 DEXTER AND NEWPORT RAILROAD. 
 
 The length of the Dexter and Newport Railway from its connection 
 with the Maine Central at Newport, to Dexter, is about fourteen miles. 
 The road was opened November 26, 1868. 
 
 It has been operated by the Maine Central under a lease for thirty years 
 from the 24th day of February, 1869, at a rent of, 118,000 per year. 
 
 The company was organized April 3, 1867. 
 
 LAWS OF 1853, CHAP. 171. 
 
 Corporator?. 
 
 Corporate 
 name. 
 
 An act to establish the Dexter and Newport Railroad. 
 
 Be it enacted, <&c. Sect. 1. Joseph Kelsey, James S. 
 Holmes, Thomas S. Fallen, Ezra S. Clark, Abijah B. Chase, 
 Jacob S. Elliot, Paul M. Fisher, Gilman M. Burleigh, Augus- 
 tus S. French, Josiah Crosby, Samuel McClellan, Lysander 
 Cutler, William G. Clark, and Stephen Lowell, their associ- 
 ates, successors and assigns, are hereby made and constituted 
 a body politic and corporate, by the name of the Dexter 
 and Newport Kailroad Company, and by that name may sue 
 and be sued, plead and be impleaded, and have and enjoy all 
 proper remedies at law and in equity to secure and protect 
 them in the exercise and use of the rights and privileges and 
 Eights at law. in the performance of the duties hereinafter granted and 
 enjoined, and to prevent all invasions thereof or interruption in 
 exercising and performing the same. And the said corpora- 
 tion are hereby authorized and empowered to locate, construct, 
 and finally to complete, alter, and keep in repair, a railroad with 
 one or more sets of rails, or tracks, -with all suitable bridges, 
 tunnels, viaducts, turnouts, culverts, drains, and all other neces- 
 sary appendages, from some point at or near the village of 
 Dexter, to a point of junction and connection with the Penob- 
 scot and Kennebec Railroad in Newport; and said Dexter 
 and Newport Railroad Company are hereby authorized to 
 connect their railroad with the railroad of the Penobscot and 
 Kennebec Railroad Company at said Newport ; and said Pe- 
 
 liocation and 
 construction, 
 &c., author- 
 lized. 
 
 —junction, &c. 
 
MAINE CENTRAL EAILEOAD. 389 
 
 nobscot and Kennebec Railroad Company shall be required to 
 
 receive and transport on their road all persons, goods and Transportation 
 
 property of all descriptions which may be carried or trans- &c. 
 
 ported on said Dexter and Newport Railroad to said point of 
 
 connection with said Penobscot and Kennebec Railroad, at 
 
 rates of toll and freight on such passengers, goods and other 
 
 property as may be received from said Dexter and Newport conjunction • 
 
 Eaihoad, so connected with said Penobscot and Kennebec witii other 
 
 ' _ _ roads regula- 
 
 Railroad, as shall not exceed their jnst proportion of the gen- uonof. 
 erai rates of toll on said latter road received for freight and 
 passengers at any of the depots of said Penobscot and Kenne- 
 bec Railroad Company ; nor shall such rates of toll and freights 
 which said latter company shall be entitled to demand and 
 receive of said Dexter and Newport Railroad Company, 
 exceed the rates when taken in a just proportion which may 
 be accorded by said Penobscot and Kennebec Railroad Com- 
 pany to any other company that may at any time hereafter 
 connect with said Penobscot and Kennebec Railroad Com- 
 pany ; and said latter named company shall be under obliga- Transportation 
 
 , . 1 . . . 1 , . of cars, &o., 
 
 tion to transport over their road, m connection with their own regulation of. 
 
 trains, in any direction desired, the passenger and other cars 
 
 of said Dexter and Newport Railroad Company at rates not 
 
 to exceed those which may be fairly charged under the rules 
 
 hereinbefore prescribed. Said Dexter and Newport Railroad 
 
 is to be located and constructed on such route within the "^"'^ of road. 
 
 limits aforesaid as the directors of said corporation, in the 
 
 exercise of their best judgment, shall judge most feasible and 
 
 best calculated to promote the public convenience and carry 
 
 into effect the intentions and purposes of this act. And said 
 
 corporation shall be and hereby is invested with all the powers, 
 
 privileges, and immunities, which are or in ay be necessary to Powers, privi- 
 
 enable them to carry into effect the purposes and objects of this '°^'''' *"' 
 
 act as herein set forth. And for these purposes said corporation 
 
 shall have the right to purchase, or to take and hold so much May purchase 
 
 of the land and other real estate of private persons and cor- matoriair&c 
 
 porations as may be necessary for the location, construction, 
 
 and convenient operation of said road; and they shall also 
 
 nave the right to take, remove, and use, for the construction 
 
390 
 
 MAINE CENTRAL RAILROAD. 
 
 Proviso. 
 
 Compensation 
 for damages. 
 
 Damages, how 
 determined. 
 
 Land, how held. 
 
 Damages, ap- 
 plication for 
 limited. 
 
 Bight to fell 
 and remove 
 trees. 
 
 General powers 
 privileges, &c. 
 
 Lands taken of 
 persons under 
 guardianship, 
 &c., damages, 
 how adjusted. 
 
 and repair of said railroad and appurtenances, any earth, 
 gravel, stone, timber, or other materials from the lands so 
 taken ; .provided, however, that said land so taken shall not 
 exceed six rods in width except where greater width is neces- 
 sary for the purpose of excavation or embankment ; and^j-o- 
 vided also, that in all cases said corporation shall pay for 
 such lands, estate, or material so taken and used, such price 
 as they and the 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 ascer- 
 tained 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 limita- 
 tions as are by law provided in the case of damages by the 
 laying out of highways. And the land so taken by said cor- 
 poration sliall be held as lands taken and appropriated for public 
 highways. And no application to said commissioners to esti- 
 mate said damages shall be sustained unless made within three 
 years from the time of taking such land or other property; 
 and in case such railroad shall pass through any woodlands 
 or forests, the said company shall have a right to fell or remove 
 any trees standing therein within four rods from such road, 
 which by their liability to be blown down, or from their natural 
 ing, might obsti-nct, or impair said railroad, by paying a just 
 compensation therefor; to be recovered in the same manner as 
 is provided for the recovery of other damages in this act. 
 And, furthermore, said corporation shall have all the powers, 
 privileges and immunities, and be subject to all the duties and 
 liabilities provided and prescribed respecting railroads in cliap- 
 ter eighty-one of the revised statutes, and other general laws 
 of this State, affecting railroads, not inconsistent with the ex- 
 press provisions of this charter. 
 
 Sect. 2. When said corporation shall take any land or other 
 estate as aforesaid of any infant, person non comjpos mentis, or 
 feme covert whose husband 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 
 
MAINE CENTRAL RAILROAD. 391 
 
 damages or claims for damages by reason of taking such land 
 and estate aforesaid, and give good and valid releases and 
 discharges therefor. 
 Sect. 3. The capital stock of said corporation shall consist 
 
 '- ^ Capital stock. 
 
 of not less than one thousand nor more than four thousand 
 shares, not exceeding one hundred dollars to each share; siiarea. 
 and the immediate government and direction of tlie affairs 
 of said corporation shall be vested in five or seven directors, brvesteThi 
 who shall be chosen by the members of said corporation in aboard of 
 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 said directors shall constitute a quo- 
 rum for the transaction of any business which said board of 
 directors may be competent to transact and perform, they shall 
 elect one of their number to be president of the board who shall 
 also be president of the corporation, they shall have authority '^^^^ ™ ' 
 to choose ia clerk who shall be sworn to the faithful discharge of cierk. 
 his duty; and also a treasurer who shall be sworn, and give 
 bonds to the corporation with sureties to the satisfaction of the 
 directors in a sum not less than fifteen thousand dollars, for the 
 faithful discharge of his trust. And for the purpose of receiv- 
 ing subscriptions to said stock, books shall be opened under Books for sub- 
 the direction of the persons named in the first section of this ^''"f'""'' 
 
 ■^ where opened, 
 
 act, or the major part of them, at such time as they may de- &o. 
 termine, in the towns of Dexter, Newport, Dover and Water- 
 ville, and the cities of Bangor and Belfast, in this State, and 
 elsewhere, as they shall appoint, to remain open for ten succes- 
 sive days, of which time and places of subscription public 
 notice shall be given in some newspaper, designated by said ], h , k 
 persons, or a majority of, them named in the first section of gi™>»- 
 this act, printed in Belfast, Bangor and Dover, twenty 
 days at least previous to the opening of said subscription ; 
 and in case the amount subscribed shall exceed four thousand 
 shares, the same shall be distributed amons all the subscribers ^™®^^ °^ ^"''- 
 
 ^ scription, how 
 
 according to such regulations as the persons having charge of distributed, 
 the opening of the subscription books shall prescribe before the 
 opening of said books. And any seven of the persons named 
 m the first section of this act are hereby authorized to call the 
 
392 
 
 MAINE CENTRAL RAILROAD. 
 
 First meeting. 
 
 Amended 1867, 
 ch. 359. 
 
 By-laws, &c. 
 
 President and 
 directors, pow- 
 ers and duties 
 of. 
 
 Land, cars, &c. 
 
 Assessments, 
 how made, &c. 
 
 Notice, how 
 given. 
 
 Assessments, . 
 neglect to pay, 
 proceedings in 
 case of. 
 
 Shares of de- 
 linquent sub- 
 scribers, how 
 disposed of. 
 
 first meeting of said corporation, by giving notice of the time, 
 place and purposes of said meeting, in one or more newspa- 
 pers published in the town and cities last above named, if any 
 shall be published therein, at least twenty days before the time 
 mentioned in such notice. 
 
 Sect. 4. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations, consistent 
 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. 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 corpo- 
 ration for the purpose of locating, constructing, and completing 
 said railroad, and for the transportation of persons, goods, and 
 property of all descriptions, and all such power and authority 
 for the management of the affairs of the corporation as maybe 
 necessary and proper to carry into effect the objects of this 
 grant, to purchase and hold within or without the State, land, 
 materials, engines and cars, and other necessary things in the 
 name of the corporation for the use of said railroad and for the 
 transportation of persons, goods, and property of all descrip- 
 tions, 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 the 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 by-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 delhiquent 
 subscriber, 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 
 
MAINE CENTEAL EAILROAD. 393 
 
 share or stares shall sell for more than the assessments due 
 with interest and costs of sale; provided, however, that no Proviso, 
 assessment shall be laid upon any shares in said corporation, 
 of a greater amount in the whole than one hundred dollars. 
 
 Sect. 6. A toll is hereby granted and established for the sole ^^jj 
 benefit of said corporation upon all passengers and property of 
 all descriptions, which may be conveyed or transported by 
 them upon said road, at such rate 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 con- ^J^^u"^^"™' 
 struction of wheels, the forms of cars, and carriages, the weights &c. 
 of loads, and all other matters and things in relation to said 
 road, shall be in conformity with such rules, regulations, and 
 provisions as the directors shall from time to time prescribe 
 and direct. 
 
 Sect. 7. The legislature may authorize any other company connection 
 or companies to connect any other railroad or railroads, with ""'''' "^"^ 
 the railroad of said corporation. And said corporation shall aon of, &o. 
 receive and transport all persons, goods and property of all 
 descriptions, which may be carried and transported to the rail- 
 road of said corporation on such other railroads as may be 
 hereafter authorized to be connected therewith at the same 
 rates of toll and freight as may be prescribed by said corpora- 
 tion, so that the rates of toll and freight on such passengers 
 and goods and other property as may be received from such 
 other railroads so connected with said railroriid as aforesaid, 
 shall not exceed the general rates of freight and toll on said 
 railroad received for freight and passengers at any of the 
 deposits of said corporation. 
 
 Sect. 8. If the said railroad in the course thereof shall cross 
 any private way, the said coi-poration shall so construct said ^^m\-a%at.^' ' 
 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 
 raiboad shall be so constructed as iiot to obstruct the safe and canau, tum- 
 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 wav ; so that the said railroad, if 
 
 25 
 
394 
 
 MAINE CENTRAL RA.ILEOAD. 
 
 Bridges, abut- 
 ments, &c. 
 
 Navigable 
 waters, &o., 
 crossing of. 
 
 Fences. 
 
 —liable for 
 indictment for 
 neglect to 
 build. 
 
 Hail, transpor- 
 tation of. 
 
 In case of disa- 
 greement, how 
 determined. 
 
 Obliged to keep 
 road in repair, 
 
 &B, 
 
 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 9. Said railroad corporation shall constantly maintain 
 in good repair all bridges with their abutments and embank- 
 ments, which they may construct for the purpose of conduct- 
 ing their railroad over any canal, turnpike, highway or private 
 way, or for conducting such highway, private way or turnpike 
 over said railroad. 
 
 Sect. 10. If said railroad shall, in the course thereof, cross 
 any navigable rivers or streams, the said corporation are here- 
 by a,uthorized and empowered to erect for their sole and ex- 
 clusive use on their said railroad, a bridge across each of said 
 rivers or streams; provided said bridge or bridges shall be so 
 constructed as not unnecessarily to obstruct or impede the nav- 
 igation of said waters. 
 
 Sect. 11. Said 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, said corporation shall be liable to be 
 indicted in the supreme judicial court for the county where such 
 fence shall be insufficient, and to be fined in such sum as shall 
 be adjudged necessary to repair the same ; and such fine shall 
 be expended for the erection or repair of said fence under the 
 direction of an agent appointed by said court, as in case of 
 fines imposed upon towns for deficiency of highways. 
 
 Sect. 12. The said corporation shall at all times, when the 
 postmaster general shall recjuire it, be holden to transport the 
 mail of the United States from and to such place or places 
 on said road as required, for a fair and reasonable compen- 
 sation. And in ease the corporation and the postmaster general 
 shall be unable to agree upon the compensation aforesaid, the 
 legislature of the State shall determine the same. And the said 
 corporation, after they shall commence the receiving of toUs, 
 shall be bound at all times to have said railroad in good repair, 
 and a sufficient number of suitable engines, carriages, and vehi- 
 
MAINE CENTRAL EAILEOAD. 395 
 
 cles, for the transportation of persons, and articles, and be owigea to 
 obliged to receive at all proper times and places, and convey the transport paa- 
 
 " -^ *■ ' sengers, &c., 
 
 same, when the appropriate tolls therefor shall be paid or ten- after payment, 
 dered; and a lien is hereby created on all articles transported °^^ ' 
 
 ' •' _ '■ Lien for pay- 
 
 for said tolls. And the said corporation, falfilling on its part mentof toU. 
 all and singular the several obligations and duties by this section 
 imposed and enioined upon it, shall not be held or bound to 
 
 , . Cars and en- 
 
 allow any engine, locomotive, cars, carnages, or other vehicle gines of other 
 for the transportation of persons or merchandise to pass over "*^*' '*°" 
 said railroad, other than its own, furnished and provided for 
 that purpose as herein enjoined, and required ; provided, how- proTiso. 
 ever, that said corporation shall be under obligations to transport 
 over said road, in connection with their own trains, the passen- 
 ger and other cars of any other incorporated company that may 
 hereafter construct a railroad connecting with that hereby 
 authorized, such other company being subject to all the pro- 
 visions of the sixth and seventh sections of this act as to rates 
 of toll, and all other particulars enumerated in said sections. 
 
 Sect. 13. If any person shall wilfully and maliciously, or wan- . 
 
 tonly, and contrary to law, obstruct the passage of any carriage mjsciiief, tres- 
 on said railroad, or in any way spoil, injure or destroy said ^^^' 
 railroad, or any part thereof, or anything belonging thereto, 
 or any materials^ or implements to be employed in the con- 
 struction' of, or for the use of said road, he, she, or they, or 
 any person or persons assisting, aiding, or abetting such tres- 
 pass, shaU forfeit and pay to said corporation for every such 
 offence, treble such damages as shall be proved before the ^""^s''""- 
 
 ^ , ^ punianment, 
 
 justice, court, or jury, before whom the trial shall be had, to &c; 
 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 corporation. And 
 such offender or offenders shall be liable to indictment by the to indictment, 
 grand jury of the county within which trespass shall have been *°" 
 committed, for any offence or offences contrary to the above 
 provisions ; and upon conviction thereof before any court com- 
 petent to try the same, shall pay a fine not exceeding five hun- 
 dred dollars, to the use of the State, or may be imprisoned for 
 a term not exceeding five years, at the discretion of the court, 
 before whom such conviction may be had. 
 
396- 
 
 MAINE CENTRAL RAILROAD. 
 
 Accounts of 
 corporation, 
 how kept. 
 
 Annual 
 exMbit. 
 
 Property, when 
 taxable, &c. 
 
 Net income 
 over 10 per 
 cent, per 
 annum, how 
 disposed of, &c. 
 
 Annual meet- 
 ing. 
 
 Directors, 
 when chosen. 
 
 Votes. 
 
 Sect. 14. Said corporation shall keep in a book'^or that 
 purpose, a regular account of all their disbutsements, expendi- 
 tures, and receipts, and the books of said corporation shall be 
 open at all times to the inspection of the governor and council, 
 and of any committee duly authorized by the legislature, and 
 at the expiration of every year the treasurer of said corpora- 
 tion, shall make an exhibit under oath to the legislature of the 
 net profits derived from the income of said railroad. 
 
 Sect. 15. AU real estate purchased by said corporation, for 
 the use of the same, under the fifth section of this act, shall be 
 taxable to the said corporation by the several towns, cities, and 
 plantations, in which said lands may he, in the same manner as 
 lands owned by private persons, and shall in the valuation list, 
 be estimated the same as other real estate of the same 
 quality, in such town, city, or plantation, and not otherwise, 
 and the shares owned by the respective stockholders, shall be 
 deemed personal estate, and be taxable as such to the owners 
 thereof, in the places where they reside, and have their home. 
 And whenever the net income of said corporation shall have 
 amounted to ten per centum per annum upon the cost of the 
 road, and its appendages and incidental expenses, the directors 
 shall make a special report of the fact to the legislature, from 
 and after which time one moiety or such other portion as the 
 legislature may from time to time determine of the net income 
 from said railroad, accruing thereafter, over and above ten per 
 centum per annum, first to be paid to the stockholders, shall 
 annually be paid over by the treasurer of said corporation as a 
 tax into the treasury of the State, for the use of the State; 
 and the State may have and maintain an action against said 
 corporation therefor, to recover the same; but no other tax 
 than herein is provided shall ever be levied or assessed on said 
 corporation on any of their privileges or franchises. 
 
 Sect. 16. The annual meeting of the members of said cor- 
 poration shall be holden on the second Monday in June or 
 such other days as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shaU appoint, 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor by himself or proxy being entitled to as many votes 
 
MAINE CENTRAL RAILROAD. 397 
 
 as he holds shares. And the directors are hereby authorized 
 to call special meetings of the stockholders whenever they ?fg"^ ™^*'' 
 shall deem it expedient and proper, giving such notice as the 
 corporation by their by-lav7s shall direct. 
 
 Sect. 17. The legislature shall at all times have the right to 
 inquire into the doings of the corporation, and into the man- righttohiTOBti- 
 ner in which the privileges and franchises herein and hereby gate the doings 
 1 1 T 1 111 -1 »*' ^a'"* corpora- 
 
 granted may have been used and employed by said corpora- tion. 
 
 tion ; and to correct and prevent all abuses of the same and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion which may be necessary more effectually to compel a 
 compliance with the provisions, liabilities, and duties, herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabilities, or obligations. 
 Sect. 18. If the said corporation shall not have been organ- „. 
 
 r a Time for organ- 
 
 ized and the location according to actual survey of the route, izing, &c., um- 
 
 filed with the county commissioners of the counties through 
 
 , . „ Amended 1864, 
 
 which the same shall pass, on or before the thirty-first day chap. 347. 
 of December, in the year of our Lord one thousand eight hun- 
 dred and fifty-six, or if the said corporation shall fail to com- 
 plete said railroad on or before the thirty-first day of Decem- 
 ber, in the year of our Lord one thousand eight hundred and 
 sixty, in either of the above-mentioned cases this act shall be 
 null and void. 
 
 Sect. 19. In case a railroad shall be chartered by the pres- Eight toseii 
 ent or any succeeding legislature from Belfast to Moosehead '"^^ '^^"^ " 
 Lake, or to the southern terminus of the railroad hereby 
 chartered, and the same shall hereafter be built, the company 
 building said road shall have the right to purchase the New- 
 port and Dexter Eailroad by paying therefor all the costs of 
 location, construction, expenses of grounds, depots, land dam- 
 ages, equipment, furnishing and all other expenses attending 
 the building arid equipment thereof, with legal interest on the 
 same from the, time of each and every portion of such expendi- 
 ture, first deducting from the same the net income of said 
 road, if any, accruing prior to the purchase ; or said Belfast 
 and Moosehead Lake Corporation may, if they choose, build 
 said Newport and Dexter Railroad themselves ; provided, 
 
398 
 
 MAINE CENTRAL RAILROAD. 
 
 Proviso. 
 
 Charter, when 
 void. 
 
 they bnild and complete the same before the Penobscot and 
 Kennebec Kailroad shall be built either from Newport to 
 Bangor or from Newport to "Waterville, and in case the Belfast 
 and Moosehead Lake Corporation shall build said Newport 
 and Dexter road as aforesaid, then in that event the charter 
 for said Newport and Dexter road shall be void, and no road 
 shall be buili; by virtue of the same. Approved March 30, 
 1853. 
 
 Location, time 
 of, extended. 
 
 Authorized to 
 lease railroad, 
 
 LAWS OF 1864, CHAP. 347. 
 
 An act to extend and amend "an act to establish the Dexter and New- 
 port Eailroad," approved March thirtieth, eighteen hundred and 
 fifty-three. 
 
 Be it enacted, c&c. Sect. 1. The time for the location and 
 completion of said Dexter and Newport Railroad be and is 
 hereby extended to January first, eighteen hundred and 
 seventy. 
 
 Sect. 2. The directors of said railroad company are hereby 
 authorized to lease said railroad to the Maine Central Railroad 
 Company, and to make such other contracts with the directors 
 of said company as may be necessary for the operation of their 
 road. 
 
 Sect. 3. This act shall take effect and be in force on and 
 after its. approval by the governor. Approved March 8, 
 1864. 
 
 Dexter, Cor- 
 inna and Park- 
 man authorized 
 to loan credit. 
 
 Amounts. 
 
 LAWS OF 1867, CHAP. 192. 
 
 An act to authorize certain towns to grant aid in the construction and 
 completion of the Dexter and Newport Eailroad. 
 
 JBe it enacted, c&c. Sect. 1. The towns of Dexter, Corinna 
 and Parkman, and each of them, or so many of them as shall 
 accept this act, are severally authorized to loan their respec- 
 tive credits to the Dexter and Newport Railroad Company in 
 aid of the construction and completion of their railroad, m 
 amounts not exceeding the sums as follows, viz : the town of 
 Dexter, one hundred and twenty-five thousand dollars; the 
 town of Corinna, fifty thousand dollars, and the town of Park- 
 
MAINE CEKTEAL RAILROAD. 399 
 
 man, fifteen thousand dollars, subject to the following terms 
 and conditions. 
 Sect. 2. If this act shall be accepted as hereinafter provided, 
 
 . ,, . 1 Conditions 
 
 and said company shall within two years irom its approval, ^nder which 
 produce evidence satisfactory to the selectmen for the time scnpof town 
 being of the towns accepting the same, that the sum of seventy- 
 five thousand dollars has been subscribed and paid in cash to 
 the stock of said company, to be expended in the construction 
 of their road and the purchase of the right of way, then such 
 fact shall be certified by the selectmen to the town treasurer, 
 and he shall forthwith issue to the directors of said company 
 for the purpose of completing said road, the scrip of said 
 town, payable to the holders thereof in sums of one thousand 
 dollars or less, as the parties may deem expedient, at the 
 
 ^1 Amount of 
 
 expiration of thirty years from the date thereof, not to exceed same, 
 the sums aforesaid for each town respectively, with coupons for 
 
 interest attached, payable semi-annually, all, both principal When and 
 
 and interest, payable in Dexter, Portland and Boston, the and by whom ' 
 
 same to be signed by the town treasurer and countersigned by ^'6°®"^- 
 the first selectman of the town issuing the scrip. 
 
 Sect. 3. Concurrent with the delivery of said scrip as afore- Bondofcorpo- 
 
 said, the president and directors of said company, in their ration, amount 
 
 jv> . 1 . , ,, T T 1. •! and conditions 
 
 oHicial capacity, shall execute and deliver to said town treas- of payment, 
 urers the bond of said company in the penal sum of three hun- 
 dred thousand dollars, payable to said towns conditioned to 
 save them harmless on account of the issue of the same. And 
 
 1 1, , . , -, ., Scrip of rail- 
 
 snail also execute and deliver to said treasurers the scrip of road, to whom 
 
 said company payable to the holders thereof at the same time 1^^ h^o^Xe°id!" 
 
 and for the same amount as the scrip then issued by said 
 
 treasurers to said company, with 'the like coupons attached, 
 
 which scrip shall be held by said towns as collateral security 
 
 for the fulfilment of the conditions of said bond ; and in default 
 
 „ . 'In default of 
 
 01 any one of said conditions, said towns may from time to condition, how, 
 time sell said scrip or any portion thereof, at public auction, ^i,ereTcrip 
 in the cities of Bangor, Portland, Boston or New York, after maybedispos- 
 sixty days' notice in writing to the president or one of the 
 directors, or three of the stockholders of said company, nam- 
 ing therein the time and place of sale, and the net proceeds 
 thereof shall be endorsed on said bond. 
 
400 MAINE CENTRAL RAILROAD. 
 
 Sect. 4. The president and directors of said company are 
 "^utod'"'"' liereby authorized, and it shall be their duty in their official 
 conditions and capacity, upon the receipt of said scrip from said towns, and 
 the delivery of their bond to said towns to secure the payment 
 of the same, to execute and deliver to said towns a mortgage 
 of said railroad, and of all the property of said company, real 
 and personal, which they then have, or may subsequently 
 acquire, together with their franchise without piior incum- 
 brance, which mortgage shall be signed by the said president 
 in his official capacity, and shall be executed according to the 
 laws of this State, and shall be in due legal form, and shall 
 contain apt and sufficient terms to secure to said towns the 
 fulfilment of all the conditions in said bond contained ; and 
 paid mortgage so executed and delivered and recorded 'in the 
 registry of deeds for the county of Penobscot, shall to all 
 intents and purposes be, and the same is hereby declared to 
 be a full and complete transfer of said raUroad, of all the 
 property of said company, real and personal, then or subse- 
 quently to be acquired, and of said franchise, subject only to 
 the conditions therein contained, any law to the contrary not- 
 withstanding. 
 
 Sect. 5. For the purpose of foreclosing said mortgage for 
 Foreclosure of conditions broken, it shall be sufficient for the selectmen of 
 
 mortgage, by ' 
 
 whom and how said towns to give notice according to the mode prescribed in 
 the revised statutes for the foreclosure of mortgages, by publi- 
 cation of notice thereof, which may be published in a news- 
 paper printed in Bangor, and a record thereof may be made 
 within thirty days after the date of the last publication in the 
 registry of deeds for the county of Penobscot, which publica- 
 tion and record shall be sufficient for the purpose of such fore- 
 closure. Upon the expiration of three years from and after 
 such publication, if the condition shall not within that time 
 have been fulfilled, the foreclosure shall be complete, and shall 
 make the title to said road, and to all the property and fran- 
 chises aforesaid, absolute in said towns. 
 
 Sect. 6. If the directors of said company shall, at any time, 
 paymeTteby neglect or omit to pay the interest which may become due 
 company, upon any portion of the scrip issued and delivered under the 
 
MAINE CENTEAX RAILROAD. 401 
 
 provisions of this act, or to pay the principal as it shall become towns may taka 
 due, or to comply with any of the conditions of said bond, the r°^^and"fraTi- 
 said towns may take actual possession in the manner herein- cWse. 
 after provided, of the .whole of said railroad and of all the 
 property, real and personal of the company, and of the fran- 
 chise thereof, and may hold the same and apply the income j^^^^g ^„„ 
 thereof to make up and supply such deficiencies and all tewand 
 further deficiencies that may occur while the same are so held, 
 until such deficiencies shall be fully made up and discharged. 
 A written notice, signed by the selectmen, and served upon 
 the president or treasurer, or any director of the company, or Notice of pos- 
 if there be none such, upon any stockholder of the company giy^n, sic. 
 stating that the towns thereby take actual possession of the 
 whole line of the railroad, and of the property and franchise of 
 the company, shall be a sufficient actual possession thereof, and 
 shall be a legal transfer of all the same, for the purposes afore- 
 said to the said towns, and shall enable the towns to hold the 
 same against any other claims thereon until such purposes have 
 been fully accomplished. 
 
 Sect. 7. All moneys received by or for the said railroad ^^^^^ saccru- 
 company, after notice as aforesaid, from any source whatever, ing *» road 
 and by whomsoever the same may be received, shall belong to, possession, to 
 and be held for the use and benefit of the towns in manner and '"' p^'*'' '" *""" 
 
 treasurers. 
 
 for the purposes herein provided, and shall, after notice given 
 to persons receiving the same respectively, be by them paid to 
 the town treasurers, or some one of them, which payment shall 
 be an effectual discharge from aU claims of the company therefor ; 
 but if any person, without such notice, shall make payment of 
 moneys so received to the treasurer of the company, such pay- 
 ment shall be a discharge of all claims of the towns therefor ; 
 all moneys received by the treasurer of the company, after 
 such notice, or in his hands at the time such notice may be 
 
 .• . . ■' Deduction for 
 
 given, shall be by him paid to the town treasurers or some one expenses, saia- 
 
 of them, after deducting the amount expended, or actually ™° ^ndrepairs. 
 
 due for the running expenses of the road, for services of the 
 
 officers of the company, and for repairs necessary for conduct- 
 
 mg the ordinary operations of the road. Such payments to 
 
 the town treasurer shall be made at the end of every calendar made monthly. 
 
402 
 
 MAINE CENTRAL RAILEOAD. 
 
 Enforcement 
 of foregoing 
 prOTisions, how 
 and by whom 
 made. 
 
 Suit, injunction 
 &c., and pow- 
 ers of S. J. C. 
 relating thereto 
 
 Towns may 
 appoint direct- 
 ors and ofiicers 
 for road after 
 notice of pos- 
 session. 
 
 Authority and 
 duties of same. 
 
 Liens, how 
 created and 
 ' enforced. 
 
 montli, and shall be by him applied to the payment of all the 
 interest and principal due as aforesaid. And any person who 
 shall pay or apply any moneys received, as aforesaid, in any 
 manner contrary to the foregoing provisions, shall be hable 
 therefor, and the same may be recovered in an action for 
 money had and received, in the liame of the town treasurers, 
 whose duty it shall be to sue for the same, to be by them held 
 and applied as herein required. 
 
 Sect. 8. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the selectmen may cause a suit 
 in equity to be instituted in the name of the towns, in the 
 supreme judicial court, in the county of Penobscot, against 
 said company, directors, or any other person, as may be nec- 
 essary for the pi;rpose of discovery, injunction, account, or other 
 relief under the provisions of this act ; and any judge of the 
 court may issue a writ of injunction or any other suitable proceeB, 
 on any such bill, in vacation or in term time, with or without 
 notice, and the court shall jurisdiction of the subject matter 
 of such bill, and shall have such proceedings, and make such 
 orders and decrees, as may be within the power, and accord- 
 ing to the course of proceedings, of courts of equity, as the 
 necessities of the case may require. 
 
 Sect. 9. If the said railroad company shall, after notice of 
 possession as aforesaid, neglect to choose directors thereof, or 
 any other necessary officers, or none such shall be found, the 
 selectmen shall appoint a board of directors consisting of not 
 less than seven persons, or any other necessary officers, and the 
 persons so appointed shall have all the power and authority of 
 officers chosen or appointed under the provisions of the act 
 establishing said company, and upon their acceptance such 
 officers shall be subject to all the duties and liabilities thereof. 
 
 Sect. 10. As an additional or accumulative protection for 
 said towns, all liabilities which by said towns may be assumed 
 or incurred under, or by virtue of any of the provisions of this 
 act, shall at the time, and by force thereof, and for the security 
 and payment of the same, create in favor of said towns a lien 
 on said railroad, its franchise, and aU of its appendages, and 
 all real and personal property of said railroad corporation; 
 
MAlJfE CENTRAL RAILROAD. 403 
 
 which liea shall have the preference and be prior to all other 
 liens and incumbrances whatever, and shall be enforced, and 
 the rights and interests of said towns protected, when neces- 
 sary, by suitable and proper judgments, injunctions or decrees 
 of said supreme judicial court, on a bill or bills in equity, 
 which power is hereby specially conferred on said court. 
 Sect. 11. This act shall not take effect unless it shall be „ 
 
 When to take 
 
 accepted by said company, and by a vote of the inhabitants of effect and regu- 
 
 said towns voting in meetings duly called according to law, 
 
 within two years after the approval of this act by the governor ; 
 
 and at least two-thirds of the votes cast at such meetings shall 
 
 be necessary for the acceptance of this act. The respective 
 
 town clerks shall make a record thereof, and if the act shall 
 
 be accepted as aforesaid, then after such acceptance and record 
 
 thereof, all the parts of the act shall take effect and be in full 
 
 force thereafter on the towns so accepting the same. Af- 
 
 proved January 25,1867: 
 
 LAWS OF 1867, CHAP. 359. 
 
 An act additional to "an act to establish the Dexter and Newport 
 Railroad." 
 
 Be it enacted, <&c. Sect. 1. The chairman and clerk of the 
 Dexter and Newport Railroad Company are hereby authorized, 
 on a vote of said company, to call the first meeting of the sub- i»ow effected, 
 Scribers to the capital stock of said company for the choice of 
 directors and other proper business, by giving notice of the 
 time and place and purposes of said meeting, in one or more 
 BeVspapers published in the town of Dover, and the cities of 
 Bangor and Belfast, at least twenty days before the time men- 
 tioned in such notice. • 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved February 25, 1867. 
 
 Organization, 
 
 The shares of the capital stock of Dexter and Newport Railroad are 
 exempted from taxation for ten years from November 26, 1868. See 
 special law, 1867, chapter 395, page 198 of this book. 
 
404 MAINE CENTKAL EAILEOAD. 
 
 LEASE 
 
 Of the Dexter and Newport Railroad to the Maine Cen- 
 tral Railroad for thirty years from the twenty fourth 
 day of February, 1869. i 
 
 This Indbntube, made this twenty-fourth day of February, A. D. 1869, 
 witnesseth : H 
 
 That the Dexter and Newport Raihoad Company does hereby demise and 
 let unto the Maine Central Railroad Company the Dexter and Newport Bstt- I 
 road, together with the depot grounds, structures thereon, T at Newport, water 
 Tights, and all the privileges and appurtenances thereto belonging, more par- 
 ticularly described as follows : 
 
 The railroad hereby leased is the railroad of the Dexter and Newport Rail- 
 road Company as now in actual use, extending from the Maine Central Rail- 
 road in Newport to Liberty street in Dexter, is four rods wide, commencing 
 at the Maine Central Railroad to the north line of James R. Mills' land la 
 Newport, equally divided in width by the central line of the track, except 
 that the land of Amanda A. Frye, over which the Dexter and Newport Rail- 
 road Company have a right of way for the railroad and the right to use said 
 land for all purposes necessary or convenient for the railroad is described as 
 follows : bounded on one side by the northerly side of the railroad of the 
 lessees, on the westerly side by the land of Elisha W. Shaw, and the line of 
 said Shaw's land as the same was before it was taken by the lessors, on the 
 other side by a fence commencing at a point where the northerly side of the 
 Dexter and Newport Railroad crosses said Shaw's land two rods from the 
 -centre of said railroad as located on said Shaw's land, and running on the 
 line of said fence as now built to the Maine Central Railroad ; thence from 
 James R. MUls' north line to the south line of Samuel "Young's land ui 
 Newport, the railroad is six rods wide, equally divided as aforesaid; thence 
 to the north line of Alvin Toung's land in Corinna, four rods wide, equidlf 
 divided as aforesaid, except as to the land now or formerly occupied by S. E 
 Wilkins, the land of Charles Proctor, the land formerly owned by V. A. 
 Sprague adjoining the old school-house lot, and said school-house lot, where 
 the railroad is fifty feet wide on said Wilkins' laud, twenty-eight feet wide on 
 ■the land of said Proctor, thirty feet wide on said Sprague's land, and school- 
 house lot equally divided as aforesaid, except that at the south-westerly 
 corner of said Sprague's Jand, on the westerly side of the raihoad, the width 
 of the westerly side from the center is about thirteen feet at its narrowest 
 point, and for a short distance is less than fifteen feet as exhibited on "plan 
 of depot grounds in Corinna," hereto annexed, and except farther that the meet- 
 ing-house lot adjoining said depot grounds does for a short distance lessen the 
 width of the railroad on the easterly side as exhibited on said plan ; thence 
 from the north line of Alvin Young's land to the south line of the town of 
 
MAIKE CENTRAL RAILROAD. 
 
 Dexter, six rods wide, being forty-four feet wide on the westerly side, and 
 fifty-five feet wide on tlie easterly side of said central line, except as to land 
 conveyed to the lessors by S. & A. C. Libby, in Corinna, where the raihroad 
 is six rods wide, equally divided as aforesaid ; thence from the south line of 
 tlietown of Dexter to Liberty street in Dexter, four rods wide, equally 
 divided as aforesaid. 
 
 The Y at Newport is four rods wide, equally divided as aforesaid ; the 
 southerly side of -the same being a portion of the Maine Central Railroad, 
 tlie use of which is to be of no charge to the lessors. 
 
 Other land in Newport included in this lease is the easterly portion of land 
 on the inside of the T bounded by the Maine Central RaUroad on the south, 
 by the Dexter and Newport Raib-oad on the east, and on the west by a line 
 extending fi-om one railroad to the other, parallel with the westerly end of 
 the engine house there standing, and ten feet westerly distant from its 
 westerly end. 
 
 The depot grounds in Corinna are two parcels of land marked "depot 
 grounds" Nos. 1 and 2, on "plan of depot grounds in Corinna," hereto an- 
 nexed. The first parcel, "depot grounds No. 1," lies westerly of the railroad 
 and adjoining it, bounded by the railroad easterly, northerly by a line in 
 range with the southerly line of the meeting-house lot from the westerly side 
 of the railroad (where it is thirty feet wide) eighty-two feet, thence by a 
 line southerly to a granite rocli about forty-five feet distant from the centre 
 of the railroad at its nearest point, thence southerly from said granite rocli 
 by a line to a point about thirteen feet distant from the centre of the railroad 
 on the northerly side of Main street, being all the land lying westerly of the 
 railroad which was conveyed to the lessors by V. A. Sprague, by deed dated 
 July 11, 1867, however bounded. The other parcel, "depot grounds No. 2," 
 is marked "depot grounds No. 2," on said plan, and is of the dimensions 
 therein described, and is all of the land which, lying easterly of the railroad, 
 was conveyed to the lessors by Charles J. Fish by deed dated Oct. 13th, 1867. 
 The depot grounds in Dexter is the land marked "depot grounds" on the 
 "plan of depot grounds in Dexter," hereto annexed, described as follows : 
 commencing at the north-westerly corner of Mrs, Jonathan Shepley's land, 
 on the southerly side of Liberty street, thence westerly on the southerly side 
 of said street twelve rods, thence due south thirty-nine rods, and one-quarter 
 of a rod to a cedar stake, thence due west three rods, six and one-half feet 
 to a cedar stake four rods distant from a fence on Charles Shaw's land, thence 
 L Bonlherly by a line parallel with and four rods distant from said fence fourteen 
 f rods and eleven feet to a cedar stake, thence east twenty-two degrees south ten 
 rods across the railroad to a cedar stake, thence northerly forty-five and one- 
 baM rods by a Ime to a point on the southerly line of Mrs. Shepley's land, three 
 rods and one foot easterly of her south-westerly corner, thence to said corner, 
 thence northerly by her westerly line eight and one-half rods to the bounds 
 begun at, but so far as a side track on said depot grounds to be by the lessees 
 ' instructed on the westerly portion of the grounds shall vary from the afore- 
 said "thirty-nine and a quarter rod line," a line parallel with the westerly line 
 or rails on said side tracli, and six feet distant from said line of rails shall 
 Be the boundary line instead of said "thirty-nine and a quarter rod line, "and 
 
 405 
 
406 MAINE CENTRAL RAILEOAD. 
 
 in order in such case to make the boundaries complete, the "three rods, six 
 and one-half feet line" shall be extended due east to said parallel line, and 
 from the northerly end of said parallel line a line shall be extended westerly 
 parallel with Liberty street to said "thirty-nine and a quarter rods line." 
 Said parallel line is in no event to extend further west than to said "thirty- 
 nine and a quarter rod line," and said westerly line of rails is in no case to 
 approach nearer than six feet from said "thirty-nine and a quarter rod line.'' 
 
 The water rights included in this lease are the right to take water from 
 the land of Jere. Page, in Dexter, as more particularly described in his deed 
 to the lessors, dated October 4, 1868, and the right to convey the same, by an 
 aqueduct, across the land of Ann S. McClellan. The remainder of the land 
 through which the same passes, are public ways. Proper reservoirs and 
 aqueduct on and from said Page's land to the Dexter depot are constructed, 
 and are included in this lease. 
 
 To hold for the term of thirty years, commencing on the twenty-fifth day 
 of November, 1868, and ending on the 24th of November, 1898, yielding 
 and paying therefor rent of eighteen thousand dollars per year. 
 
 And said lessees do covenant to pay the said rent in manner following: 
 viz : Such portion thereof as has accrued, or shall accrue, before the 
 twenty-fifth day of February, 1869, on that day, and ever afterward, in equal 
 semi-annual payments, as follows, to wit : Nine thousand dollars on the 
 twenty-fifth day of August, and nine thousand dollars on the twenly-fifth 
 day of February, in each year, the portion remaining at the expiration of 
 the lease less than six months, to be paid on the day of its expiration, and to 
 keep the premises in proper repair during the term ; in case of damage by 
 fire or otherwise to the premises ; to repair and rebuild without expense to 
 the lessors ; to save the lessors harmless from any claim on the part of any 
 one on account of damage by fire, injury to passengers, loss of or injury to 
 freight or baggage, or however the same may arise, caused or suffered by 
 the lessees ; not to make or sufEa any strip or waste thereof, and at the end 
 of the term to quit and deliver up the premises, including fences, to the 
 lessors, their successors or assigns, in good order and condition. 
 
 And if said payments, or any of them, shall not be made when they be- 
 come due, or if any of the aforesaid conditions or covenants to be by said 
 lessors performed, shall be violated or neglected, then, and in either of said 
 cases, the lessors, their successors or assigns, may, in any manner they may 
 see fit, re-enter into the leased premises, and terminate and annul this lease so 
 far as regards all future right of said lessees, and the same to have again, re- 
 tain, re-possess and enjoy, as of their just estate, anything herein to the 
 contrary, notwithstanding. 
 
 The lessees are to furnish their own rolling stock, and at all times to re- 
 tain the same. 
 
 In witness whereof, the said Maine Central Railroad Company has caused 
 this indenture to be subscribed in duplicate in its behalf, by Reuben B. 
 Dunn, President of said company, and countersigned by Joshua Nye, ila 
 treasurer, and its seal affixed this twenty-f ourth-day of February, A. D., 1869. 
 
 RsmBBN B. Dunn, [>* ^J 
 
 President M. C. R. E. Co. 
 (Coimtersigned) Joshua Nyb, Treasurer. 
 
MAINE CENTRAL RAILROAD. 407 
 
 And also in witness whereof the said Dexter and Newport Railroad Com- 
 pany has caused this indenture to be subscribed in duplicate in its behalf, by- 
 Charles Shaw, its president, and countersigned by George Hamilton, its 
 treasurer, and its seal affixed this thirteenth day of March, A. D., 1869. 
 
 Chaelbs Bhaw, [l. 8.] 
 
 President D. & N. R. R. Co. 
 (Countersigned^ Geoeok Hamilton, Treasurer. 
 
 The foregoing was duly acknowledged before Josiah Crosby, Jus. Pacis., 
 March 13, 1869. 
 
 BELFAST AND MOOSEHEAD LAKE 
 RAILROAD. 
 
 This road when chartered was intended to reach Moosehead Lake Tia 
 Newport direct, but a contract for lease, when done, was entered into 
 with the Maine Central and its route was deflected westward to connect 
 with the lessee road at Burnham, instead of at Newport. After its com- 
 pletion a difference arose as to the manner of its construction, between 
 the two companies, and it did not fully pass under the control and posses- 
 sion of the Maine Central until May, 1871. It has since been operated by 
 the Maine Central under lease for fifty years, at a rent of $36,000 per year. 
 The length of the road is thirty-three and one-third miles ; it cost about 
 . $850,000. 
 
 LAWS OF 1867, CHAP. 380. 
 
 An act to incorporate the Belfast and Moosehead Lake Railway Company. 
 
 Be it enacted, <&c. Sect. 1. Ralph C. Johnson, Thomas 
 Marshall, Albert G. Jewett, Nehemiah Abbott, Joseph "Wil- 
 liamson, Jonathan Gr. Dickerson, Reuben Sibley, Nahum P. 
 Monroe, Seth L. Milliken, Samuel A. Howes, Hiram Pierce, 
 Paul E. Hazletine, Hiram O. Alden, Columbia P. Carter, 
 Alfred "W. Johnson, Charles B. Hazeltine, Axel Hayford, 
 William M. Rust, Philo Chase, Noah Mathews, Sherburne 
 Sleeper, WilUam Pitcher, Marshall Davis, John G. Brooks, 
 William H. Simpson, Humphrey N. Lancaster, James P. 
 White, Albert Small, Henry McGilvery, Horatio H. Johnson, 
 Samuel R. Pahner, William O. Poor, Willard P. Harriman, 
 
 Corporators. 
 
408 MAINE CENTRAL RAILROAD. 
 
 Stephen S. Lewis, Hugh J. Anderson, Jr., Andrew D. Bean, 
 William T. Colburn, Richard Moody, Oakes Angier, Joseph 
 H. Kaler, Daniel Faunce, Augustus Perry, Andrew J. Stevens, 
 Henry Woods, Daniel Lane, Jr., their associates, successors 
 and assigns, are hereby made and constituted a body politic 
 and corporate by the name of the Belfast and Moosehead 
 
 Name, rights, 
 
 &c. Lake Railway Company,' and by that name may sue and 
 
 be sued, plead and be impleaded, and shall have and enjoy all 
 iseTch. 6^^^ ' pi'oper remedies at law and in equity to secure and protect 
 them in the exercise and use of the rights and privileges and 
 the performance of the duties hereinafter granted and en- 
 joined, and to prevent all invasion thereof or interruption in 
 exercising and performing the same. And the said corpora- 
 Location, c. ^^^^ j^ hereby authorized and empowered to locate, constnict, 
 See laws 1871, ^^^ finally Complete, alter, and keep in repair, a railway with 
 ch. 645. one or more sets of rails, or tracks, with all suitable bridges, 
 
 tunnels, viaducts, turnouts, culverts, drains, and all other neces- 
 sary appendages, from the city, of Belfast, over the most prac- 
 j.^ ticable route to Moosehead Lake, excepting the distance from 
 
 Newport village to Dexter village. And said corporation, 
 shall be and hereby is invested with all the powers, priv- 
 ileges, and immunities, which are or may be necessary to 
 carry into effect the purposes and objects of this act as 
 herein set forth. And for this purpose said corporation 
 Lands, rigiit of gj^g^j^ j^g^^g ^j^g j,j j^^. ^^ purchase, or to take and hold so much 
 
 construction, ~ ^ ' 
 
 &c. of the land and other real estate of private persons and cor- 
 
 --' porations as may be necessary for the location, construction, 
 and convenient operation of said 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 ; provided, however, that said land so taken shall not 
 exceed six rods in width except where greater width is neces- 
 sary for the purpose of excavation or embankment; and^w- 
 
 conditions. vided oLso, 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 agree, 
 
MAINE CENTRAL RAILED AD. 409 
 
 then said corporation shall pay such damages as shall be ascer- Land damages, 
 tained and determined by the county commissioners tor the whom deter- 
 county where such land or other property may be' situated, in ™'''8'*- 
 the same manner and under the same conditions and limita- 
 tions as are by law provided in the case, of damages by the 
 laying out of highways. And the land so taken by said cor- Dmitof time 
 poration shall be held as lands taken and appropriated for public f"' making 
 
 '^ _ .... application for 
 
 highways. And no application to said commissioners to esti- same, 
 mate said damages shall be sustained unless made within three 
 years from the time of taking such lands or other property ; 
 and in case such railroad shall pass through any woodlands or 
 
 '- . Eemoval of 
 
 forests, the said company shall have the right to fell or remove trees and com- 
 any trees standing therein within four rods from such road, g™g*''™ 
 which from their liability to be blown down, or from their 
 natural falling, might obstruct, or impair said railroad, by pay- 
 ing a just compensation therefor, to be recovered in the same 
 manner as is provided for the recovery of other damages men- Provisions of 
 
 ^ . cliap. 81, R. S. 
 
 tioned in this act. And, furthermore, said corporation shall madeappUca- 
 have all the powers, privileges and immimities, and be subject ^^^ "lereto. 
 to all the duties and liabilities provided and prescribed respect- 
 ing railroads in chapter eighty-one of the revised statutes, not 
 inconsistent with the express provisions of this act. 
 
 Sect. 2. When said corporation shall take any land or other Powers of 
 property as aforesaid of any infant, person non compos mentis, tivTto'to " *" 
 or feme covert whose husband is under guardianship, the guar- '''""aEes. 
 dian of such infant or person non compos Tnentis, and 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 
 or other property as aforesaid, and give good and valid releases 
 and discharges therefor. 
 
 Sect. 3. The capital stock of said corporation shall consist capital stocic 
 of not less than five nor more than fifty thousand shares *" ^ "*'■ 
 of one hundred dollars each, and the immediate government ciTeM.* 
 and direction of the affairs of said corporation shall be vested 
 in seven, nine or thirteen directors, who shall be chosen D"«'='°"^'»d 
 
 , ' term of office. 
 
 by the members of said- corporation in the manner herein- 
 after provided, and shall hold their offices until others shall 
 26 
 
410 
 
 MAIKE CENTRAL RAILEOAB. 
 
 President, 
 clerk and 
 treasurer. 
 
 Stock books, by 
 wbom and 
 wbere opened 
 for subscrip- 
 tions. 
 
 Organization. 
 
 By-laws and 
 regulations. 
 
 Powers of 
 president and 
 directors. 
 
 have been duly elected and qualified to take their places, 
 a majority of whom shall form a quorum for the transaction 
 of business ; and they shall elect one of their number to be 
 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 
 treasurer, who shall be sworn, and also give bonds to the cor- 
 poration with sureties to the satisfaction of the directors in a 
 sum not less than fifty thousand dollars, for the faithful dis- 
 charge of his trust. And for the purpose of receiving subscrip- 
 tions to said stock, books shall be opened under the direction 
 of the eleven persons first named in the first section of this 
 act, at such time as they may determine, in the towns of Wa- 
 terville and Dexter, and in the cities of Belfast, Bangor and 
 Boston, and elsewhere, as they shall appoint, to remain open 
 for twenty successive days, of which time and place of sub- 
 scription, public notice shall be given in some newspaper, 
 printed in Belfast, Bangor and Boston, twenty days at least 
 previous to the opening of such subscription ; and in case the 
 amount subscribed shall exceed fifty thousand shares, the same 
 shall be distributed 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 the eleven persons first 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 pub- 
 lished in each of the 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. 4. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations, consistent 
 with the constitution and 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. 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 corpo- 
 ration for the purpose of locating, constructing, and completiifg 
 
MAINE CENTRAL RAILROAD. 411 
 
 said railroad and its appendages, and for the transportation of 
 persons, goods, and property of all descriptions, and all snch 
 power and authority for the management of the afi'airs of the 
 corporation as may be necessary and proper to cai-ry into effect 
 the objects of this grant, to purchase and hold lands, materials, 
 engines and cars, and other necessary things in the name of the 
 corporation for the use of said road and its appendages, and for 
 the transportation of persons, goods, and property of all descrip- 
 tions, to make such equal assessments from time to time on all ABsessments. 
 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 ti'easurer 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 by-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 
 subscriber, or stockholder shall be held accountable to the Eemedies 
 corporation for the balance, if his share or shares shall sell ^^tstoc^' 
 for less than the assessments due thereon with the interest iiowers. 
 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. 
 
 Seot. 6. A toll is hereby granted and established for the 
 sole beneiit of said corporation, upon all passengers and prop- Ton, and rates 
 erty of all descriptions which may be conveyed or transported 
 by them upon said road and its appendages, at such rates as 
 may be agreed upon from time to time by the directors of said 
 Corporation. The transportation of persons and property, the Transportation, 
 width of gauge, the construction of wheels, the form of cars, form of roiuug 
 and carriages or other instruments of conveyance, the weights of ^*''*' * j'" ''™ 
 loads, and all other matters and things in relation to said road 
 and its appendages, shall be in conformity with such rules, 
 regulations and provisions as the directors shall from time to 
 time prescribe and direct. 
 
412 
 
 MAINE CENTRAL EAILKOAD. 
 
 Connection. 
 
 Crossings. 
 
 Bridges. 
 
 Sect. 7. The legislature may authorize any other company 
 or companies to connect any other railroad or railroads with 
 the railroad of said corporation, at any points on the route of 
 said railroad. And this company is hereby authorized to.con- 
 neet any railways they may Construct under this charter with 
 any other railway existing or to be constructed within this 
 State. And said corporation shall receive and transport all 
 persons, 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 con- 
 nected therewith, 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 passengers, goods and other property as may 
 be received from such other railroads so connected with said 
 railroad as aforesaid, shall not exceed the general rates of 
 freight and toll on said railroad, received for freight and pas- 
 sengers at any of the deposits of said corporation. 
 
 Sect. 8. If the said railroad shall cross any private way, 
 the said corporation shall so constriict 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 corporation shall 
 have 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 erect such gate or gates 
 thereon as may be necessary for the safety of travellers on 
 said turnpike, railroad, highway or private way. And said 
 corporation shall constantly maintain and keep in good repair 
 all bridges, with their abutments and embankments, which 
 they may construct for the purpose of conducting their rail- 
 road over any canal, turnpike, highway or private way, or for 
 conducting such liighway, private way or turnpike over said 
 railroad. 
 
 Sect. 9. If said railroad shall, in the course thereof, cross 
 any tide waters, navigable rivers or streams, the said corpora- 
 tion is hereby authorized and empowered to erect, for the sole 
 and exclusive use of their said railroad, a bridge across each of 
 said rivers or streams, or across any such tide waters ; pro- 
 
Fences, 
 
 MAINE CENTEAL RAILROAD. 413 
 
 vided said bridge oi- bridges shall be so constructed as not 
 unnecessarily to obstruct the navigation of said waters. 
 
 Sect. 10. Said corporation shall erect and maintain sub- 
 stantial, 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, or lands that may hereafter be 
 improved ; and for neglect or failure to erect and maintain such 
 fence, said corporation shall be liable to be indicted in the 
 snpreme court for the county where such fence shall be insuffi- 
 cient, and to be fined in such sum as shall be adjudged neces- 
 sary to repair the same ; and such fine shall be expended for 
 the erection or repair of said fence, under the direction of an 
 agent appointed by said court, as in case of fines imposed upon 
 towns for deficiency of highways. 
 
 . Sect. 11. The said corporation shall at all times, when 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 road as required, for a reasonable and fair compensation. 
 And in case the corporation and postmaster general shall be 
 unable to agree upon the compensation aforesaid, the legisla- 
 ture shall determine the same. And said corporfition, after 
 they shall commence receiving tolls, shall be bound at all 
 times to have said railroad in good repair, and a sufficient '■"^'i ^^ 
 
 /■ ■ 1 1 . 1 T • 1 ^ 1 facilities for 
 
 number ot suitable engmes, carriages and vehicles for the trans- transportation. 
 portation 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. 
 And the said corporation, fulfilling on its part all the obliga- 
 tions and duties by this section imposed and enjoined upon it, 
 shall not be held or bound to allow any engine, locomotive, to road, 
 cars, carriages or other vehicle for the transportation of per- 
 sons or property to pass over said railroad or its appendages, 
 other than its own, furnished and provided for that purpose, 
 as herein enjoined and required. 
 
 Sect. 12. If any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of any car- pass and penai- 
 riage or other vehicle on said railroad or its appendages, or in "^^ ' ^" '"^' 
 
 Duty regarding 
 condition of 
 
 Exclusive right 
 
 Malicious tres- 
 
414 
 
 MAINE CENTRAL RAILED AD, 
 
 How recover- 
 able. 
 
 any way spoil, injure or destroy said railroad or its appendages, 
 or any part thereof, or anything belonging thereto, or any 
 materials or implements to be employed in the construction or 
 for the use of said road or its appendages, he, she or they, or 
 any person or persons assisting, aiding or abetting said tres- 
 pass, 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 they 
 may direct, to the use of said corporation. And such offender 
 ties by fine and ov offenders shall be liable to indictment by the grand jury 
 imprisonment, ^f (.jjg county within which the trespass or injury shall have 
 been committed, contrary to the above provisions ; and upon 
 conviction thereof before any court competent to try the same, 
 shall pay a fine not exceeding five hundred dollars to the use 
 of the State, or may be imprisoned for a term not exceedingflve 
 years, at the discretion of the court before whom such convic- 
 tion may be had. 
 
 Sect. 13. Said corporation shall keep, in a book for that 
 purpose, a regular account of all their disbursements, expendi- 
 tures and receipts, 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, and 
 at the expiration of every year the treasurer of said corpora- 
 tion shall make an exhibit, under oath, to the legislature, of 
 the net profits derived from the income of said railroad and its 
 appendages. 
 
 Sect. 14. All real estate purchased by said corporation for 
 
 Taxes, &c., ,. /.i. ini, 
 
 where aasessed. the use 01 the same under the provisions of this act, shall be 
 taxable to said corporation by the several towns, cities and 
 plantations in which said lands lie, in the same manner as lands 
 owned by private persons, and shall in the valuation list, be 
 estimated the same as other real estate of the same quality in 
 such town, city or plantation, and not otherwise; and the 
 shares owned by the respective stockholders after deducting 
 such portion as shall be taxed as real estate, shall be deemed 
 personal estate, and be taxable as such to the owners thereof 
 
 Accounts, &c, 
 to be open to 
 inspection of 
 State authori- 
 ties. 
 
MAINE CENTRAL RAILROAD, 415 
 
 in the places where they reside and have their home and not Exemption 
 
 from othe 
 taxation. 
 
 otherwise. But no other tax than herein is provided shall *"'™"'^®'' 
 
 power of 
 legislature. 
 
 ever be levied or assessed on said corporation or any of their 
 privileges or franchises. 
 
 Sect. 15. The annual meeting of the members of said cor- 
 poration shall be holden on the first Wednesday in Jaly, or chosen, aid 
 such other day as shall be determined by the by-laws, at such ai't'io^tyof 
 time and place as the directors for the time being shall ap- meetings, 
 point ; at which meeting the directors shall be chosen by ballot, 
 each proprietor by himself or proxy being entitled to as many 
 votes as he holds shares; and the directors are hereby author- 
 ized 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 prescribe. 
 
 Sect. 16. The legislature shall at all times have the right to Eights and 
 enquire into the doings of the corporation and into the man- 
 ner in which the privileges and franchises herein and hereby 
 granted, may have been used and employed by said corpora- 
 tion, and to correct and prevent all abuses of the same, and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion which may be necessary, more effectually to compel a 
 compliance with the provisions, liabilities and duties herein 
 set forth and enjoined, and subject to the general laws regulat- 
 ing railroads now upon the statute book, or which may here- 
 after be passed by the legislature of this State. 
 
 Sect. 17. If the said corporation shall not have been organ- limitation of 
 . ized, and the location according to actual survey of the route charter, 
 filed with the county commissioners of the counties through ^^ended isn 
 which the same shall pass, on or before the thirty first day of ct- 6*6. 
 December, in the year of our Lord one thousand eight hun- 
 dred and seventy-two, 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 hun- 
 dred and seventy-seven, in either of the above mentioned cases, 
 this act shall be null and void. 
 
 Sect. 18. Said company shall not engage in, or commence Construction 
 
 T n 1 n r. /. conditional 
 
 the construction of said road, until fifty per centum of the upon subscrip- 
 estimated cost of said road, shall have been subscribed for by ^7unt.°*''*'° 
 respdnsible persons. [Eepealed 1868, chapter 626.] 
 
416 
 
 MAINE CENTRAL RAILROAD. 
 
 Issue of stock 
 and limitation 
 of same. 
 
 Municipal 
 subscription, 
 
 Sect. 19. That the corporation shall be authorized to issue 
 non-preferred and preferred stock, upon such terms and condi- 
 tions, and to such persons and corporations, and with such 
 limitations and restrictions as may be deemed most for the 
 interests of the subscribers, the success of the corporation, and 
 the completion of the road ; and cities and towns interested in 
 the construction of said road, or to be benefited thereby, may 
 
 regulated'* *" Subscribe at par value, for any amount of either class of said 
 stock, by a vote of two-thirds of the legal voters of any such 
 
 Amended 1868, city or towu, present at any meeting legally called therefor, 
 not to exceed twenty per cent, of the amount of the valuation 
 of such city or town ; and such vote shall be obligatory on 
 said city or town for the payment of the amount so subscribed; 
 and said cities and towns may issue their bonds for 8u6h stock, 
 on such time as may be agreed upon, with interest payable 
 semi-annually, at a rate not exceeding six per cent, and for a 
 period not exceeding thirty years, and all stock so subscribed 
 for by said towns or cities shall be represented in said corporar 
 tion by the municipal authorities thereof. 
 
 Sect. 20. This act shall take effect when approved by the 
 governor. Approved February 28, 1867. 
 
 The shares of the capital stock of the Belfast and Moosehead Lake 
 Railr(}ad are exempted from taxation for a term of ten yeai^s. See special 
 law of 1867, chapter 395, page 198 of this book; also the bonds of said 
 company are exempted from taxation for a period of time. See special 
 law of 1871, chapter 662. 
 
 Amended by 
 substituting 
 word railroad 
 for "railway." 
 
 Amended 
 
 as to minimum 
 
 of shares. 
 
 LAWS OF 1868, CHAP. 626. 
 
 An act amendatory of and additional to chapter three hundred and eighty 
 of the laws of eighteen hundred and sixty-seven, entitled "an act to 
 incorporate the Belfast and Moosehead Lake Railway Company." 
 
 Be it enacted, <&c. Sect. 1. The title of an act to incor- 
 porate the Belfast and Moosehead Lake Railway Company, 
 and the act itself, are hereby amended by striking out the 
 word "railway" where it occurs, and inserting in the place 
 thereof, the word "railroad." 
 
 Sect. 2. The third section of said act is hereby amended by 
 striking out the word "five" in the second line, and inserting 
 the words "three thousand." 
 
MAINE CENTRAL RAILROAD. 417 
 
 Sect. 3. The eigliteenth section of said act is hereby re- section 
 
 repealed. 
 
 pealed. 
 
 Sect. 4. The persons elected directors at the meeting of powers of 
 the corporators, held at Belfast on the third day of July, anno ^^^'^ 
 domini eighteen hundred and sixty-seven, and the persons who continued, 
 have since been or may hereafter be elected by said directors 
 to fill vacancies in said board of directors, are hereby author- 
 ized and empovFered to exercise all the powers granted to the 
 directors of said company by said act, until another board of 
 directors is elected by said company. 
 
 Sect. 5. The city of Belfast may by a vote of three-fourths ^.^ of Beira«t 
 of the legal voters of said city, present and voting, at any at legai meet- 
 meeting legally called therefor, subscribe one hundred and ^^j-i^g further 
 forty thousand dollars to the stock of said company, in addition """ "^ $i40,ooo 
 
 ■' . to stock. 
 
 to the amount specified in the nineteenth section of said act, 
 
 and may issue its bonds therefor, payable in thirty years, with Bonds and 
 
 interest semi-annually, for a sum sufficient to raise that amount 
 
 in cash. 
 
 Sect. 6. The authority given to towns and cities in said act Q^gg ^nd 
 
 to 'subscribe to the capital stock of said company, and to issue *°^™ "^y- 
 
 , . , 1 . i. <i ' issue bonds 
 
 ■ their bonds in aid of the same, shall be construed to give eguai to 20 
 them the right to issue their bonds to an amount sufficient to vaiuaaon"*^ 
 raise a sum in cash equal to twenty per cent, of their valua- 
 tion. 
 
 Sect. 7. This act shall take effect when approved. Aj)- 
 proved March 6, 1868. 
 
 LAWS OF 1869, CHAP. 206. 
 
 An act relating to the collection of subscriptions and assessments by the 
 Belfast and Moosehead Lake Railroad Coippany. 
 
 Be it enacted, (&c. Sect. 1. The Belfast and Moosehead 
 Lake Eailroad Company, in addition to the remedy already subscriptions 
 provided for the collection of the subscriptions to its capital ^""jf "^^^^ 
 stock and assessments made by said company, shall have the for collection of. 
 right to maintain an action of special assumpsit in the name of 
 said company to enforce payment of such subscription or assess- 
 ment. And such action shall be maintained if the terms and 
 
418 
 
 MAINE CENTRAL EAILEOAD. 
 
 conditions of the subscription to the capital stock of said com- 
 pany and the assessments npon it have been substantially com- 
 plied with; and shall not be defeated by any mere informality 
 in organizing said company or in electing its officers, or otlier 
 merely informal act of the company or of any of its ofScers. •' 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved March 3, 1869. 
 
 Authorized to 
 lease to Maine 
 Central. 
 
 Contract of 
 lease ratified. 
 
 LAWS OF 1870, CHAP. 287. 
 
 An act to authorize the Belfast and Moosehead Lake Bailroad Company to 
 lease their road and for other purposes. 
 
 Be it enacted, c&c. Sect. 1. The Belfast and Moosehead 
 Lake Railroad Company is hereby authorized to lease its rail- 
 road and appurtenances to the Maine Central Railroad Com- 
 pany, and to make such other contracts with said last named , 
 company as may be necessary for the operation of its said 
 road. 
 
 Sect. 2. The contract for a lease of said railroad, entered 
 into by said companies on the tenth day of June, in the year 
 of our Lord one thousand eight hundred and sixty-nine,, is 
 "hereby legalized. 
 
 Sect. 3. This act shall take effect when approved. Af- 
 pro'Ded January 25, 1870. 
 
 LAWS OF 1871, CHAP. 645. 
 
 An act to authorize the Belfast and Moosehead Lake Kailroad Company to 
 construct wharves and piers into tide water in Belfast, and to amend the 
 charter of said company, and for other purposes. 
 
 Be it enacted, &c. Sect. 1. The Belfast and Moosehead 
 Lake Railroad Company are hereby authorized to build and 
 maintain, or cause to be built and maintained wharves and 
 piers into tide water on the easterly side of their railroad track, 
 between the Belfast east bridge and Lewis' wharf in the city 
 of Belfast, to extend not exceeding two hundred feet from said 
 track, and the said railroad company are hereby authorized to 
 May construct construct any side tracks and turnouts, and to make any altera- 
 
 side tracks and ^ ly • -i • -jmJ- 
 
 turnouts, &c. tions or change of materials or improvements in said raurosa, 
 
 Authorized to 
 build wharves 
 and piers. 
 
MAINE CENTEAL RAILROAD. 419 
 
 provided, that nothing in this act shall be construed in any pj„,ig„ 
 way to impair or affect the rights and claims of parties who 
 own or claim to own land where such wharves and improve- 
 ments may be constructed. 
 
 Amended. 
 
 Location and 
 
 Sect. 2. Section seventeen of the three hundred and eight- 
 ieth chapter of the private and special laws of eighteen hun- 
 dred and -sixty-seven, is hereby amended, so that said section 
 shall read as follows, namely : "if the said corporation shall 
 not have been organized and the location, according to actual 
 survey of the route or some part thereof, filed with the county survey, when to 
 commissioners of the counties, or either of them, through which 
 the same shall pass, on or before the thirty-first day of Decem- 
 ber, in the year of our Lord one thousand eight hundred and 
 seventy-six, or if the said corporation shall fail to complete 
 said railroad or any part thereof on or before the thirty-first 
 day of December, in the year of our Lord one thousand eight 
 hundred and seventy-seven, in either of the abovementioned 
 cases this act shall be null and void." 
 f Sect. 3. This act shall take effect when approved. Ap- 
 proved February 17, 1871. 
 
 LAWS OF 1871, CHAP. 662. 
 
 An act to authorize the city of Belfast to purchase the first mortgage 
 bonds of the Belfast and Moosehead Lake Railroad Company, and for 
 other purposes. 
 
 Be it enacted, d;c. Sect. 1 . The city of Belfast, by vote of city of Belfast 
 ■its city council, is hereby authorized to purchase a part or the purchMe*flrat 
 whole of the first mortgage bonds of the Belfast and Moose- mortgage bonds 
 head Lake Railroad Company, not exceeding the amount of Kaiiroad Co. 
 one hundred and fifty thousand dollars, and said city of Bel- 
 fast, by vote of its city council, as aforesaid, may raise the money for pur- 
 money for purchasing said bonds by issuing its bonds, with "''^^jng s*'* 
 
 " '■ , o JO ) bonds by issu- 
 
 mterest payable semi-annually, at a rate not exceeding seven ing its bonds, 
 and three-tenths per cent, per annum, and for a period not R*'^ <>""»«' «st. 
 exceeding thirty years. Bonds payable 
 
 Sect. 2. Thefirst mortgage bonds of the Belfast and Moose- ■"™°3« 
 
 U J T . o o years*. 
 
 head Lake Railroad Company, issued or to be issued, not 
 exceeding one hundred and fifty thousand dollars, and all 
 
ited. 
 
 420 MAINE CENTRAL RAILROAD. 
 
 second mortgage bonds issued with the stock of said railroad 
 Amount lim- company, shall be subject to all the provisions, exemptions and 
 immunities provided for the stock of said company in the first 
 section of the three hundred and ninety-fifth chapter of the 
 private and special laves of one thousand eight hundred and 
 sixty-seven, from the date of the approval of this act. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved February 20, 1871. ' 
 
 LEASE 
 
 Of the Belfast and Moosehead Lake Railroad to the Maine 
 Central Railroad for fifty years from the tenth day of 
 May, 1871. 
 
 Memoeandum of an agreement between the Belfast and Moosehead Lake 
 Railroad Company of the first part, and the Maine Central Railroad Company 
 of the second part, witnesseth : 
 
 Aet. 1. That the party of the first part hereby leases to the party of the 
 second part, its railroad as now constructed from the city of Belfast, in the 
 county of Waldo, to its point of intersection with the Maine Central Railroad, 
 near Burnham Station in the county of Kennebec, i^luding all its property 
 and rights of property, real, personal and mixed on the line of its road, or 
 appurtenant thereto (not including the rolling stock or any iron which has 
 not been laid down on its track), with full power and authority under the 
 charter, and in the name of said corporation, to extend said road, at its own 
 cost, and for its own benefit, as far as said charter will authorize said com- 
 pany to extend the same ; and to operate said extension when thus made under 
 said charter, to establish and collect tolls on said road leased or any extension 
 thereof, for its own benefit, and generally to do and perfoi-m all acts and 
 things necessary to protect said property from Injury, and to secure the safe, 
 convenient and efficient working of the same, said lease of the road thus con- 
 structed to continue for and during the term of fifty years from the tenth day 
 of May, A. I), eighteen hundred and seventy-one, in the tferms and conditions 
 following : 
 
 Aet. 2. Said party of the first part further agrees, that it will do and per- 
 form all acts required by law to keep up and maintain the legal organization 
 of said company, and will pass all votes, and do all other acta in its corporate 
 capacity necessary to enable the party of the second part to extend said road 
 under the charter of said company, in case it shall elect so to do, and to use, 
 improve and occupy said extension for its own benefit, and will also hold said 
 
MAINE CENTRAL RAILROAD. - 421 
 
 party of the second part harmless from all claims and demands, of every 
 name and nature, now existing against said corporation, or which may here- 
 after be created by way of renewal or otherwise against the same by the 
 parties of the first part, and will secure and protect the party of the second 
 part in the peaceable and unobstructed occupation and use of said road and 
 all parts thereof, during the time said party shall be entitled to hold and 
 occupy the same, by virtue of this contract, against all claims or demands 
 arising under the party of the first part, or from any acts or omissions to act 
 on the part of said party. 
 
 Aet. 3. In consideration of the above stipulations and agreements made by 
 the party of the first part, the party of the second part hereby agrees to take, 
 manage and operate said road, leased as aforesaid, during the time above 
 specified, at its own expense and risk, and for its own benefit, and to save the 
 party of the first part harmless from all expense, loss and damage arising 
 therefrom, and to pay all taxes that may be assessed upon the corporation of 
 the party of the first part, and upon the real and personal estate taken under 
 this lease, but not including any tax assessed upon the stock or bonds of said 
 company ; and to keep said road with its appurtepances in good repair, and 
 to return the same at the termination of this lease in as good condition in all 
 respects as when taken ; but no act shall be done by the party of the second 
 part, under the authority to extend said road, as herein given, or by issuing 
 new stock, by which this lease shall be terminated or its provisions modified, 
 without the concurrence of the party of the first part as representing the 
 stock now in existence ; and if any stock shall be issued with their concur- 
 rence, such stock shall in no way affect the stock now in existence, or the 
 rights and interests of its holders so far as any dividends arising from the 
 rent herein agreed to be paid is concerned. 
 
 Art. 4. The party of the second part also agrees to run such trains upon 
 the road hereby leased as shall afford reasonable accommodations for the pas- 
 sengers and freight upon said road, and that the rates of fare and freight to 
 and from Belfast, shall be the same for like distances on like trains, and the 
 same per mUe as shall be levied upon freight and passengers to and from 
 Bangor, upon the Maine Central road for the same kind of service. 
 
 Aet. 5. And it is further agreed by the party of the second part, that it 
 will pay to the party of the first part, as a rental for said road, the sum of 
 thhty-six thousand dollars per year for and during the term of fifty years 
 aforesaid ; said rent to be paid in semi-annual payments of eighteen thousand 
 dollars each on the tenth day of November and May in each year, in the law- 
 ful money of the United States of America. 
 
 Abt. 6. It is further agreed that the party of the first part may, if it so 
 elect, at the end of five years from the date hereof and not afterwards, receive 
 forty per cent, of the gross earnings of said road, leased in lieu of the rental of 
 thirty-six thousand dollars per year as aforesaid, during the remainder of said 
 term, on the condition that in case it shall so elect it shall pay to the party of 
 the second part, the cost of all permanent improvements made upon the road 
 during said five years, but not including ordinary repairs necessary for the 
 safe running of the road ; and the party of the second part shall keep an accu- 
 rate account of all the earnings of said road during the five years aforesaid, 
 
422 MAINE CENTEAL RAILROAD. 
 
 which shall be open for the inspection of the party of the first part or any 
 committee anthorized to act in its behalf. 
 
 Abt. 7. It is also agreed that in case the rent herein secured to the party of 
 the first part, shall not be paid at the times when the same shall fall due and 
 become payable, and shall remain due and unpaid for the space of sixty days, 
 the party of the first part shall have the right to terminate this lease, and 
 reiume possession of the road, provided said party shall have 8;iven the party 
 of the second part thirty days' notice in writing of its intention thus to ter- 
 minate the lease and resume possession of the road, and the party of the 
 second part shall be liable to the party of the first part for all damages result- 
 ing from its failure to fulfil the requirements of this lease, to be performed 
 on its part. 
 
 Aet. 8. It is further agreed that in case the party of the first part shall fail 
 to pay any claim or demand which is secured upon the road by mortgage or 
 otherwise at the maturity thereof, and the right of the party of the second 
 part to hold possession of the road shall thereby be endangered, said party 
 of the second part, on giving the party of the first part thirty days' notice in 
 writing, of its intention so to do, ghall be authorized to pay such claim or 
 demand, and shall hold the same uncanceled against the party of the first part, 
 and shall also hold the security for the same uncanceled, and be deemed the 
 equitable assignee of such security, and demand or claim, and said party of 
 the second part shall also have the right to apply the rent to become due 
 under this lease, as the same shall accrue to the repayment of any sum paid 
 as aforesaid ; and in case the party of the second part shall be deprived of 
 the use and occupation of said road, or any part thereof, in consequence or 
 by reason of the party of the first part failing to keep and perform all and 
 singular the stipulations and agreements by said party to be kept and per- 
 formed, then, and in that case said party shall be liable, and shall pay to the 
 party of the second part, all loss or damage accruing to it in consequence of 
 such failure. 
 
 Aet. 9. It is mutually agreed that should any disagreement arise between 
 the parties under this lease, as to its construction, or their rights or duties 
 under it, the same shall be submitted to the determination of three disinter- 
 ested arbitrators, to be appointed by the Chief Justice of the Supreme Judi- 
 cial Court of this State, on the application of either party, and the award Of 
 such arbitrators or a majority of them shall be final and conclusive upon Hii 
 parties hereto. 
 
 Art. 10. And it is finally agreed and mutually understood that this lease 
 is made subject to the ratification of the stockholders of the respective com- 
 panies to give the same legal force and effect. 
 
 In witness whereof, the undersigned, directors of said Belfast and Moose- 
 head Lake Railroad Company, and of said Maine Central Railroad Company, 
 being duly authorized, have hereunto set their names and afiixed the seals of 
 their respective companies this day, April 37, 1871. 
 
 The foregoing lease was duly executed by both corporations. 
 
MAINE CENTRAL RAILROAD. 423 
 
 CO?fTRACT 
 
 Between Maine Central Railroad Company and Portland 
 and Kennebec Railroad Company, dated May 12, 
 1870. 
 
 Whxreai, by an act of the legislature of the State of Maine, approved 
 April 1, 1856, entitled "an act to authorize the consolidation of certain rail- 
 road corporations," the Androscoggin and Kennebec Railroad Company, the 
 Penobscot and Kennebec Railroad Company, the Kennebec and Portland 
 Railroad Company, and the Somerset and Kennebec Railroad Company, and 
 any company formed under said act, or either of said companies, are authorized 
 to let, or lease their roads, franchises and property for hire, or to contract 
 for the running and the managing the same with any individnal, or other rail- 
 road corporation, for a term of years, as by reference to said act wUl more 
 fully appear ; and whereas, since the act aforesaid was passed, the Portland 
 and Kennebec Railroad Company now possessing and owning the same rail- 
 road, franchise and property then owned by the said Kennebec and Portland 
 Railroad Company, has been formed and created under the laws of this State, 
 by the foreclosure of a mortgage of the said Kennebec and Portland Rail- 
 road Company, and has thereby acquired and become possessed of all the 
 "chartered and legal rights and immunities which pertained to the original 
 company at the time of the foreclosure ; " and whereas, the Maine Central 
 Railroad Company is a corporation "formed under" the act of the legislature 
 above referred to : now therefore, be it known, that under, and by virtue of 
 tlie authority conferred upon said companies by the act aforesaid, and in the 
 consideration of the mutual covenants and agreements hereinafter made, the 
 Maine Central Railroad Company of theiirst part, and the Portland and Ken- 
 nebec Railroad Company of the second part, for the purpose of greater con- 
 venience to the public in the despatch of business upon said railroads, and 
 greater harmony, efficiency and economy in operating the same, have entered 
 into tlie following agreement, to wit : 
 
 AsT. 1. The Portland and Kennebec Railroad Company agree to let and 
 lease its railroad, depots, depot grounds and lands appertaining thereto and 
 connected therewith, its franchise, locomotives, engines, cars and all their 
 other property and rights of property of every description and kind, and do 
 hereby let and lease the same unto the Maine Central Railroad Company, 
 their successors and assigns, for the term of nine hundred and ninety-nine 
 years from the day of 1870, to have and to hold the 
 
 same for and during the said term, to have and to exercise all the rights and 
 powers conferred upon the said Portland and Kennebec Railroad Company by 
 Its charter and by the laws of the State, not hereinafter reserved. And the said 
 Portland and Kennebec Railroad Company agree to assign and transfer, and 
 do hereby assign and transfer to the said Maine Central Raikoad Company, 
 
424 MAINE CENTRAL RAILKOAD. 
 
 the lease made and executed the first day of January,, 1864, which they have 
 of the Somerset and Kennebec Raikoad, its franchise and property of every 
 description, and which said lease was on the day of 
 
 extended by th^ said Somerset and Kennebec Railroad Company, for the term 
 of nine hundred and ninety-nine years from the day of 
 
 1870 ; to be controlled and managed by the said Maine Central Rail- 
 road Company in as full and ample a manner as the said Portland and Ken- 
 nebec Railroad Company could do under and by virtue of said lease, during 
 the whole term thereof, and subject to all and singular the terms and condi- 
 tions in said lease contained and jjrovided. 
 
 Aet. 2. Prior to the time this lease shall take efEect, and be in force, and 
 as a part of the consideration thereof, the pariy of the first part shall issue 
 to the party of the second part for distribution among the stockholders, pro 
 rata according to the number of shares of capital stock of the party of the 
 second part to which each of said stockholders may be entitled, seventeen 
 thousand one hundred and sixty-six shares in the capital stock of the party 
 of the first part, and until said stock shall have been actually distributed 
 among said stockholders, said party of the second part shall be entitled to 
 vote thereon, or any part thereof not thus distributed, at all meetings of the 
 stockholders of the party of the first part, by such persons as it may appoint 
 for the purpose. 
 
 Aet. 3. The party of the second part, covenant and agree, on behalf of 
 said corporation, that it will, and that the Somerset and Kennebec Railroad 
 Company shall on behalf of that corporation, do and perform all acts neces- 
 sary to maintain and preserve the legal organization of their respective cor- 
 porations as contemplated in their charters, and from time to time pass all 
 votes necessary to enable the lessees to carry out the purposes of this lease; 
 and the said party of the second part further covenants and agrees that it 
 will on its part, and that the Somerset and Kennebec Railroad Company shall 
 on its part, from time to time as required, make and execute such mort- 
 gages and bonds, to be secured thereby as may be necessary, to extend or 
 renew any outstanding obligation of either the Portland and Kennebec Kail- 
 road Company, or the Somerset and Kennebec Railroad Company maturing 
 during the continuance of this lease, provided that said Maine Central Rail- 
 road Company, in extending or renewing any obligation now outstanding 
 against the Portland and Kennebec Railroad Company or the Somereet and 
 Kennebec Railroad Company, or in creating any new obligation, may issue 
 its own bonds, and secure the same by a mortgage of its interest in the prop- 
 erty and rights of property acquired under this lease. And any one or more 
 of the corporations hereinbefore named may join in the mortgage of any 
 part, or the whole of the joint or separate lease-hold estate, or estate in fee, 
 or any other estate in the separate or joint property to secure the payments of 
 any bonds or other form of indebtedness created by the Maine Central Rail- 
 road Company for the common benefit of all the corporations embodied in 
 this contract. The necessary expenses of maintaining the organization of 
 said companies not exceeding in all one thousand dollars for each year, shall 
 be paid by the Maine Central Railroad Company, and charged as part of the 
 expenses of operating said railroads. 
 
MAINE CENTRAL RAILBOAD. 425 
 
 Art. 4. The Maine Central Railroad Company agrees to operate and main- 
 tain the railroads of the Portland and Kennebec, and Somerset and Kenne- 
 bec Raih'oad Companies, let and leased to them as aforesaid, under and 
 according to their respective charters, and to the law of the State appertain- 
 ing to them and to each of them during said term, and to fulfil to the public 
 all the duties required of each of said last named companies ; to assume all 
 the liabilities and fulfil and perform all the obligations resting upon them 
 respectively at and from the time when this lease shall take effect ; and 
 make all repairs, improvements, renewals and additions necessary to keep 
 said roads, with their buildings and rolling stock, in a safe and serviceable 
 condition, to transact the business upon them. And the lessees further agree 
 to make no discrimination in the maintenance of said roads under their 
 charge, their buildings and equipments, or in the manner of running trains 
 upon said roads ; but all of such roads shall be operated so as to promote the 
 business upon them. They shall receive all sums of money derived from 
 transportation upon said roads, and all derived from the properties of the 
 companies let and leased to them, as well as from their own road ; and keep 
 accurate accounts thereof. They also agree to locate and build a railroad 
 under their charter, as now extended from some point on their line in Dan- 
 ville to a point of junction with said Portland and Kennebec Railroad, and 
 mortgage the same to trustees to secure the payment of bonds, to be created 
 by them to an amount not exceeding one million of dollars. And by the 
 time said road shall be completed they agree to change the gauge of their 
 track now in use, to a gauge of four feet eight and one half inches, and their 
 rolling stock to conform to the same. And out of the receipts from earnings 
 upon the raUroads under their charge, and to be operated by them, they 
 agree; first, to pay the expenses of operating, maintaining and repairing said 
 roads, thek equipments, buildings and fences, including all taxes and in- 
 surance thereon;' second, to pay the interest upon all bonds and other out- 
 st»nding obligations of each of said railroad companies, and to pay all other 
 obligations and liabilities resting upon them, or either of them ; and shall, as 
 one of the conditions on which this lease is made, pay semi-annually, on the 
 first days of January and July of each year, to the Portland and Kennebec 
 Eaihoad Company, the sum of ten thousand and sixty-eight dollars and 
 twenty-seven cents ; and third, to pay semi-annually, on the first days of 
 January and July in each year, to the said Portland and Kennebec Railroad 
 Company such further sums, as when added to the sum mentioned in the 
 preceding clause, shall amount in all to three per cent, on the stock of the 
 Portland and Kennebec Railroad Company, or on any stock into which the 
 "consolidated bonds" of said company may be converted under the terms 
 and conditions provided in said bonds, said stock amounting on the first day 
 of January, A. D. 1870, at the par value thereof, to six hundred ninety-seven 
 thousand three hundred dollars (1697,300), including one hundred and fifteen 
 thousand dollars ($115,000;, agreed to be issued to the stockholders of the 
 Somerset and Kennebec Railroad Company, in consideration of the assign- 
 ment of their stock in said last named company to the party of the second 
 part, and also the interest at three per cent, semi-annually upon the scrip, 
 amounting to three hundred eighty-six thousand eight hundred ninety-two 
 
 27 
 
426 MAINE CENTEAL RAILEOAD. 
 
 dollars, issued to the stockholders of the Maine Central Railroad Com- 
 pany, and dated the 13th day of May, 1870, and to divide the residue of 
 the net earnings of said . Maine Central Railroad Company, Portland and 
 Kennebec Railroad Company, and Somerset and Kennebec Railroad Com- 
 pany, and of any other railroads operated by them, share and share alike 
 among the stockholders of the Maine Central Railroad Company. 
 
 Aet. 5. The lessees agree to pay all taxes that may be legally assessed upon 
 said Portland and Kennebec Railroad Company, and said Somerset and Ken- 
 nebec Railroad Company, or either of them hereby leased as aforesaid, and 
 to hold the stockholders of each of said companies harmless therefor, not, 
 however, intending hereby to pay any taxes that may be assessed upon the 
 stock or bonds issued by said roads, or either of them ; and the leasees also 
 agree to keep insured, in some safe and responsible insurance company, or 
 companies, the property of the Portland and Kennebec Railroad Company, 
 and Somerset and Kennebec Railroad Company, to the amount of at least 
 one hundred and fifty thousand dollars C$150,000), said insurance to be ap- 
 plied, in case of loss, to the rebuilding or restoration of the property insured 
 as aforesaid. ' 
 
 Aet. 6. Said lessees further agree and covenant that thsy will, from and 
 after the execution of this lease, assume the defence of all suits, actions, 
 complaints and prosecutions which may then be pending, or which may 
 thereafter be brought, against said Portland and Kennebec Railroad Com- 
 pany, or Somerset and Kennebec Railroad Company, or any of their officers, 
 servants or agents, for any thing by them done, under authority and in behalf 
 of said companies, or either of them, and will indemnify and save harmless 
 the said companies and the stockholders thereof against all costs and expenses 
 incurred in such defence, and against any and all judgments which maybe 
 recovered in such suits actions and prosecutions, and will indemnify, save 
 and hold harmless said railroad companies, and each of them, and the stock- 
 holders thereof, against all claims, actions, damage and liability, on account 
 of any thing which may be done or omitted by the said lessees, or any of 
 their oflicers, agents or servants, while exercising, or assuming to exercise, 
 any of their powers and rights under this lease, and on account of any and 
 all acts, omissions or neglect of any kind, in any manner done or suffered by 
 the lessees or any of their oflScers, servants or agents. 
 
 Aet. 7. The remedy of the lessees under this lease shall not be by any entry 
 for breach of. condition, nor shall they, by any such entry, terminate tha 
 lease and re-vest the leased estate and property in the lessors, but this shall 
 not take away or diminish any other right or remedy at law or in equity to 
 enforce the performance of its covenants and conditions, and to compel 
 the application of the assets to the payment of the liabilities in the order pro- 
 vided for by this contract. 
 
 Aet. 8. There shall be a careful examination of the present condition of 
 the roads hereby leased and of the buildings, rolling stock and property of 
 every kind connected therewith by , and an 
 
 inventory thereof made, one copy of which shall be appended to this 16*9^ 
 as a part thereof, with a view to an equitable adjustment of the interest of 
 
MAINE CENTRAL RAILROAD. 
 
 the parties in case f or'any cause said lease should be cancelled or become 
 void. « 
 
 Dated at Portland, this twelfth day of May, A. D. 1870. 
 
 RICHARD D. RICE, 
 President Portland and Kennebec Bailroad Company. 
 
 427 
 
 Directors 
 
 Portland and Kennebec 
 
 Bailroad Company. 
 
 J. B. BROWN, 
 N. M. WHITMORE, 
 D. ALDEN, 
 [i. 8.1 H. N. JOSE, 
 
 G.,M. PATTEN, 
 G. P. SHBPLEY, 
 
 A. D. LOCKWOOD, 
 
 President Maine Central Railroad Company. 
 
 R. B. DUNN, ' 1 
 
 A. P. MORRILL, I Directors 
 
 [i,, 3.] GEO. L. "WARD, } Maine Central Bail- 
 
 F. W. HILL, I road Company. 
 
 JOSIAH H. DRUMMOND,J 
 
 CONTRACT 
 
 Between the Maine Central Railroad Company and Port- 
 land and Kennebec Railroad Company, dated May 
 12, 1870. 
 
 The Maine Central Railroad Company of the first part, and the Portland 
 and Kennebec Railroad Company of the second part, having entered into an 
 agreement of even date with these presents, Wheebbt the party of the 
 second part has let and leased its railroad, franchise and other property to 
 the party of the first part, and having also agreed to transfer and assign to 
 the same party their lease of the Somerset and Kennebec Railroad, have also 
 agreed to the following articles, and do hereby agree to the same as condi- 
 tions to be performed by the respective parties before the lease refeiTed to 
 sljall take effect, to wit : 
 
 Art. 1. In order to equalize the amounts between the parties hereto, on 
 which interest shall be paid after paying the running expenses of said roads 
 and the interest on the bonds of said Companies, and the other sums as men- 
 tioned in article four (4) of said lease, and before any dividend shall be made 
 on the stock of the Maine Central Railroad Company, and prior to the taking 
 effect of said lease, the lessees shall make a dividend to their stockholders to 
 the amount in all of dollars in scrip, upon which the holders shall be 
 
 entitled to receive out of the net earnings of said roads three per cent, semi- 
 aonnally during the continuance of said lease, as is provided in article four 
 (4) of said lease. 
 
428 MAINE CENTEAL RAILROAD. 
 
 Abt. 2. The stock to be issued to the Portland and Kennebec Raikoad 
 Company under article second (2) of said lease, and this paper and the lease 
 of the Portland and Kennebec Railroad of even date with these presents, 
 shall be deposited with Hon. Joseph H. 'Williams,' of Augusta, to be held by 
 him under the following terms, to wit : In case the suit in equity now pend- 
 ing between the Kennebec and Portland Railroad Company and the Portland 
 and Kennebec Railroad Company shall be finally decided against the defend- 
 ants, and the lessees shall in consequence thereof be divested of the posses- 
 sion of the Raib:oad between Augusta, Bath and Portland, or any portion 
 thereof, then the said Williams shall return thet stock before referred to, 
 to the Maine Central Railroad Company, and said lease shall be cancelled and 
 void; and the property so leased shall be restored to the parties entitled 
 thereto, and the income of said roads, while in the possession of the lessees, 
 shall be accounted for as equity shall require. 
 
 Aet. 3. After the execution of said lease by the respective parties there- 
 to, and the assignment and transfer of said lease of the Somerset and Ken- 
 nebec Railroad, and after the ratification and approval of said lease by the 
 stockholders of said Companies, four, at least, of the directors of the Maine 
 Central Railroad Company (the member representing the City of Bangor not 
 being one of said four) shall resign their offices as directors, and at the same 
 or some other meeting of the stockholders, duly called for the purpose of 
 filling vacancies which may exist in the board of directors, four of the per- 
 sons who are at the time directors in the Portland and Kennebec Railroad 
 Company shall be chosen among the directors to fill the vacancies in said 
 board (if so many are found eligible to hold the office) and the residue of 
 said vacancies shall be filled from among the persons who are now directors 
 of the Maine Central Railroad Company if they are then eligible to the 
 office, and the board so elected shall choose a president from their number 
 and shall hold their offices during the residue of the year for which the 
 directors are annually chosen. 
 
 Akt. 4. It is understood by the parties hereto that at the next meeting of 
 the legislature of Maine, application shall be made for an increase of di- 
 rectors of the Maine Central RaUroad Company to a number not exceeding 
 thirteen in all, and if such authority shall be obtained, one-half of the in- 
 creased number of directors shall at the then next election at least be selected 
 from among the present stockholders of said Company. 
 Dated at Portland this 13th day of May, 1870. 
 
 RICHARD D. RICE, 
 President Portland and Kennebec Railroad Company. 
 
 J. B. BROWN, T 
 
 N. M. WHITMORB, 
 
 D. ALDEN, 
 
 H. N. JOSE, 
 
 G. M. PATTEN, 
 
 G. F. SHEPLBY, 
 
 A. D. LOCKWOOD, 
 President Maine Central Bailroad Company. 
 
 R. B. DUNN, 
 
 A. P. MORRILL, 
 
 GEO. L. WARD, 
 
 F. W. HILL, 
 
 JOSIAH H. DRUMMOND.J 
 
 Directors 
 
 Portland and Kennebec 
 
 Bailroad Company. 
 
 Directors 
 Maine Central Bail- 
 road Company. 
 
MAINE CENTRAL EAILEOAD. 429 
 
 LAWS OF 1872, CHAP. 63. 
 An act authorizing the Maine Central Eailroad Company to make a loan. 
 
 Be it enacted, c&o. Seot. 1. The Maine Central Eailroad Authorized to 
 Company is hereby authorized to issue its bonds for the pur- 
 pose of providing means for putting said road and its equip- ^""T"^' "'• 
 ments, and the roads now leased to and operated by it, in 
 efficient condition, and for the payment of the bonded debts 
 and liabilities of said company and of the corporations herein- 
 after named that unite in the mortgage. And said Maine 
 Central Railroad Company and such of the following corpora- 
 tions whose roads are now leased to and operated by it as 
 shall decide so to do, namely: the Portland and Kennebec 
 Eailroad Company, the Somerset and Kennebec Eailroad 
 Company, the Leeds and Farmington Eailroad Company, and Bonds, pay- 
 the Androscoggin Eailroad Company are hereby authorized secured! 
 to unite in a mortgage of their railroads, franchises and othor 
 property to secure the payment of said bonds. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 7, 1872. 
 
 MORTGAGE TO TRUSTEES, 
 
 Dated A_pril 1, 1872. 
 
 Know all men by these presents, That the Maine Central Eailroad Com- 
 pany, the Portland and Kennebec Eailroad Company, the Somerset and 
 Kennebec Eailroad Company, the Androscoggin Eailroad Company, and 
 the Leeds and Farmington Eailroad Company, corporations duly created 
 and established by the laws of the State of Maine, by virtue of the author- 
 ity conferred on said corporations by act of the legislature of said State, 
 approved February 7th, 1872, in consideration of one dollar, to them paid 
 by Artemas Libbey, of Augusta, in the county of Kennebec, Josiah H. 
 Drummond, of Portland, in the county of Cumberland, and Galen C. 
 Moses, of Bath, in the county of Sagadahoc, trustees, duly appointed by 
 said corporations, the receipt of which sum is hereby acknowledged, do 
 severally giye, grant, bargain, sell and convey unto said trustees, as afore- 
 said, their several railroads, described as follows : The railroad of the 
 said Maine Central Eailroad Company, extending from Bangor, in the 
 
430 MAINE CENTKAL RAILROAD. 
 
 county of Penobscot, through the counties of Penobscot, Somerset, Ken- 
 nebec, Androscoggin and Cumberland, to Cumberland Junction, in the 
 comity of Cumberland, and the rights and titles which said Maine Central 
 Railroad Company has in and to the other railroads hereinafter described 
 by lease or contract ; the railroad of the Portland and Kennebec Railroad 
 Company, extending from Portland, in the county of Cumberland, through 
 the counties of Cumberland, Sagadahoc and Kennebec to Augusta, in the 
 county of Kennebec, and the branch road, extending from Brunswick, in 
 the county of Cumberland, to Bath, in the county of Sagadahoc ; the rail- 
 road of the Somerset and Keimebec Railroad Company, extending from 
 said Augusta to Skowhegan, in the county of Somerset ; the railroad of 
 the Androscoggin Railroad Company, extending from Bnmswick afore- 
 said, to Lewiston, in the county of Androscoggin, and from Crowley's 
 Junction to Leeds' Crossing ; the railroad of the Leeds and Farmington 
 Railroad Company, extending from Leeds' Crossing, in the county of 
 Androscoggin, to Farmington, in the county of Franklin, including the 
 several road beds, rights of way, superstructures, all the lands of the said 
 corporations, all their several buildings and machinery, with all the roll- 
 ing stock, furniture and personal property of said several corporations 
 used in operating their several roads, together with the franchise of each 
 of said railroad companies. 
 
 To have and to hold the same to the said Libbey, Drummond and Moses, 
 their successors in the trust and their assigns in trust, in accordance with 
 tlie provisions of chapterfifty-one(51)of the revised statutes of this State, 
 for the use and benefit of the holders of the consolidated bonds of the 
 same date as this deed, issued by the Maine Central Railroad Company to 
 the amount of nine millions of dollars, in four classes, viz : Class A. for 
 61,000,000; class B. for $3,975,000; class C. for $2,850,000; class D. for 
 $1,175,000; payable on the first day of April, A. D., 1912, to be used for 
 the purpose of putting said railroads and their equipments in efficient 
 condition, and for the payment of the bonded debts and liabilities of said 
 companies. 
 
 Provided, nevertheless, That if said Maine Central Railroad Company or 
 assigns shall well and truly pay to the holders thereof the said bonds and 
 interest warrants attached thereto at maturity, according to the tenor 
 thereof, then this deed shall be void; otherwise it shall remain in full 
 force. And it is hei-eby agreed, and it is apart of the conditions on which 
 this joint mortgage is made and executed, that in case said Maine Central 
 Railroad Company shall neglect to pay any of the bonds or interest war- 
 rants aforesaid for more than ninety days after maturity, and proceedings 
 shall be commenced by said trustees or their successors for the foreclosure 
 of this mortgage for such breach of the conditions hereof, the other cor- 
 porations, or either of them named herein, may pay such overdue bonds 
 and interest warrants, and shall be substituted for, and hold the same with 
 all the rights and privileges of the holders thereof as if the same had not 
 been thus paid, and the foreclosure of the mortgage by virtue of the pro- 
 ceedings thus commenced shall not be interrupted or affected thereby, but 
 the same shall inure to the benefit of the corporations or corporation thus 
 paying, as well as for the benefit of other holders of said bonds or inter- 
 est warrants. 
 
MAINE CENTRAL KAILEOAD. 431 
 
 In testimony whereof, the said several corporations, by their presidents, 
 duly authorized therefor by votes of said several corporations, have here- 
 unto subscribed their corporate names and affixed their corporate seals 
 this first day of April, A. D. 1872. 
 
 MAINE CENTRAL RAILROAD COMPANY. 
 
 In Board or Direotoes, October 3, 1873. 
 
 Whereas, The Maine Central Railroad Company by its vote of March, 19, 
 1872, authorized the issue of its consolidated bonds for$9,000,000, pursuant 
 to the Act of February 7, 1872, which bonds are secured by a mortgage of 
 its raihoad and appurtenances and rolling stock, and that of the Portland and 
 Kennebec, Somerset and Kennebec, Leeds and Farmington and Androscoggin 
 Railroad Companies, made to Artemas Libbey, Josiah H. Di-ummond and 
 Galen C. Moses, ti'ustees, and by the vote of said pompany were appropriated, 
 in part, to take up existing mortgage bonds now outstanding against said 
 railroads, as by said vote appears : 
 
 Now, the more effectually to hisure the execution of said trust by said 
 trustees, and to protect all parties that shall be interested in said bonds, it is 
 hereby provided (said trustees concurring therein), and 
 
 Voted, That it shall be the du'y of said trustees and their successors in 
 said trust, hereafter to withhold their certificate upon said bonds, so far and 
 to that extent, that the aggregate amount of neither class of the consolidated 
 bonds of classes B, C, and D, that shall have been certified by them, shall at 
 anytime be more than $75,000 in excess' of the aggregate amount of the 
 bonds and claims that shall have been actually paid, taken up and cancelled, 
 for the payment of which said class is appropriated and designed to be ap- 
 pUed as follows, viz. : 
 
 Class B, $3,975,000, to discharge liabilities of the Maine Central Railroad 
 Company, as follows : 
 
 $1,100,000 7 per cent. Bonds, $ 746,300 
 
 Bangor City Loan, 514,000 
 
 Maine Central, $400,000 Loan, 2,800 
 
 A. & K. $1,100,000 Loan, 1,100,000 
 
 M. C. Interest Scrip, 386,833 
 
 Bills payable, 711,605 
 
 Extension Bonds, 491,500 
 
 Bonds of class B designated for bills payable, may be certified by the 
 trustees upon order of the directors and the certificate of the treasurer that 
 they all needed to provide means to meet the liabilities of the company, not 
 exceeding, however, the amount appropriated for said bills payable as above. 
 Class C, $2,850,000, to discharge the liabilities of the Portland and Ken- 
 nebec Railroad Company, and provide for the proposed exchange and cancel- 
 lation of its stock for bonds as follows : 
 
432 
 
 MAINE CENTEAX EAII,EOAD. 
 
 Stock, 
 
 "Yarmouth Bonds Viutstanding, 
 K. & P. 1st Mortgage, 
 P. & K. funded interest, 
 Portland Loan, 
 Consolidation P. & K. Bonds, 
 City and Town Loan, 
 Somerset & Kennebec, 1st mortgage, 
 " " 2d 
 
 $ 741,400 
 
 47,000 
 
 217,300 
 
 30,698 
 
 90,000 
 
 1,155,000 
 
 8,100 
 
 300,000 
 
 260,000 
 
 Class D, $1,175,000, to discharge the liabilities of the Androscoggin, and 
 Leeds and Farmington Railroad Companies, as follows : 
 
 Bath City Bonds, $435,000 
 
 Leeds and Farmington Bonds, 633,000 
 
 Scrip to Androscoggin R. R., 110,000 
 
 Voted, That said trustees shall annually report the amount of bonds of 
 
 each of said classes certified by them up to that time, and the amount of the 
 
 old bonds and claims evidenced to them to have been taken up thereby. 
 
 Voted, That the clerk present an attested copy of these votes to said tras- 
 tees and request the assent of each thereon, in writing, in the trust and duty 
 hereby imposed, and make record thereof. 
 A true copy of record. 
 Attest • 
 
 JOSIAH H. DRUMMOND, 
 Clerk of Maine Central Railroad Company. 
 The undersigned, the above-mentioned trustees, assent to and concur in 
 the foregoing modification of their trust. Dated this second day of Octo- 
 ber A. D., 1873. 
 
 ARTEMAS LIBBET, 
 
 JOSIAH H. DRUMMOND, } Trustees. 
 
 GALEN C. MOSES, 
 
 Consolidation 
 of certain rail- 
 roads. 
 
 LAWS OP 1873, CHAP. 383. 
 An act for the consolidation of certain railroads. 
 
 Be it enacted, <&c. Sect. 1. The Portland and Kennebec, 
 the Somerset and Kennebec, the Androscoggin, and the Leeds 
 and Farmington Railroad Companies, whose roads are now 
 leased to and operated by the Maine Central Railroad Company 
 are here by authorized to consolidate said companies, or such of 
 them as elect so to do, with the Maine Central Railroad Com- 
 pany, into one corporation, upon the principles, in the man- 
 
MAINE CENTRAL EAILROAD. 433 
 
 ner, and upon the terms and conditions, so far as the same 
 may be applicable, of the act of April one, eighteen hundred 
 and fifty-six, entitled "an act to authorize the consolidation of 
 certain railroad corporations," under which the Penobscot and 
 Kennebec, and the Androscoggin and Kennebec have become 
 consolidated. 
 
 Sect. 2. No suit, action, or other proceeding now pending j^^^tions pena- 
 before any court or tribunal, in which any railroad company ing, not 
 that may be so consolidated is a party, shall be deemed to 
 have abated or discontinued, by reason of any such agreement 
 of consolidation ; but the same may be prosecuted to final 
 judgment in the same manner as if the said corporation had 
 not entered into such agreement of consolidation ; jprovided, Proviso, 
 that the existing rights of stockholders to any of their lines 
 shall not be impaired, and that this act shall not apply to any 
 pendirig suit. 
 
 Sbct. 3. This act shall take effect when approved. Ap- 
 froved February 26, 1873. 
 
 LAWS OF 1874, CHAP. 559. 
 
 An act authorizing the Maine Central Railroad Company to change its 
 location and construct a new bridge across the Kennebec river. 
 
 Location 
 changed. ' 
 
 Be it enacted, d;c. Sect. 1. Authority is hereby granted 
 to the Maine Central Railroad Company to change the line of 
 its location where it crosses the Kennebec river at Kendall's 
 Mills, and to locate, construct and maintain one or more 
 tracks of its road from a point in its present line on the east 
 side of and near said river, southerly and westerly so as to 
 cross said river above College narrows in Waterville, and 
 extending thence westerly to its present road; and to construct 
 and maintain a bridge across said river in said new line of construct ana 
 road where one is now being constructed; and to discontinue ™*^^**''' 
 such parts of its old line as shall be superseded and rendered 
 unnecessary by the new line hereby authorized; provided, 
 that said company shall pay or cause to be paid to the Kenne- 
 bec log driving company the cost of keeping the piers and 
 abutments of the bridge herein authorized to be constructed. 
 
 bridge. 
 
434 MAINE CENTEAL RAILROAD. 
 
 clear of logs; that it sliall be liable for all damage by flowing 
 caused by said bridge. 
 
 Sect. '2. This act shall take effect when approved. Ap- 
 proved February 25, 1874. 
 
 AGREEMENT OF COISOLIDATIOx\, 
 
 Dated August '2,Uh, 1873. 
 
 Whekeas, by an act of the legislature of the State of Maine, approved 
 the twenty-sixth day of February, A. D. 1873, entitled "an act for the 
 consolidation of certain railroads," the Portland and Kennebec, the Som- 
 erset and Kennebec, the Androscoggin, and the Leeds and Parmington 
 Railroad Companies are authorized to consolidate said companies, or such 
 of them as elect so to do, with the Maine Central Railroad into one cor- 
 poration, upon the principles, in the manner and upon the terms and con- 
 ditions, as far as the same may be applicable, of the act of April 1, 1858, 
 entitled "an act to authorize the consolidation of certain railroad corpo- 
 rations." 
 
 Now therefore he it known, that the directors of said Portland and Ken- 
 nebec Railroad Company, of said Somerset and Kennebec Railroad Com- 
 pany, and of said Leeds and Parmington Railroad Company in behalf of 
 said companies respectively, by virtue of the authority so granted them, 
 do hereby enter into an agreement with the directors of said Maiae Cen- 
 tral Railroad Company for the consolidation of their respective companies 
 with said Maine Central Railroad Company as follows : 
 
 Abt. 1. Said Portland and Kennebec Railroad Company, said Somerset 
 and Kennebec Railroad Company and said Leeds and Parmington Kail- 
 road Company, respectively agree to be consolidated with and merged in 
 said Maine Central Railroad Company and become a part thereof ; and said 
 Maine Central Railroad Company agrees thereto. 
 
 Abt. 2. The Maine Central Railroad Company having already purchased 
 and being now the owner of a lease of the Portland and Kennebec Railroad, 
 its franchise and appurtenances for nine hundred and ninety-nine years, 
 dated May 12, 1870, to which reference is hereby made, and having issued 
 its stock as stipulated in said lease to said Portland and Kennebec Kail- 
 road Company, it is agreed in order to carry out the stipulations of the 
 sixth article of said lease, that the stock of the Portland and Kennebec' 
 Railroad Company may be exchanged for the consolidated bonds of the 
 Maine Central Railroad Company at the rate of one hundred dollars in 
 stock for eighty-eight 'dollars in said bonds, with an equitable adjustment 
 of interest. 
 
 Upon said exchange of stock for bonds, said stock in said Portland and 
 Kennebec Railroad Company shall be considered cancelled; and the stock 
 of the Maine Central Railroad Company heretofore issued to said Portland 
 
MAIKE CENTRAL RAILROAD. 435 
 
 and Kennebec Railroad Company under the stipulations of said lease, 
 shall stand for and represent in said Maine Central Railroad Company, the 
 stock of said Portland and Kennebec Railroad Company, merged and 
 deemed cancelled as aforesaid. 
 
 Abt. 3. The Maine Central Railroad Company having already purchased 
 and being now the owner by assignment from the Portland and Kennebec 
 Kailroad Company, of a lease of the Somerset and Kennebec Railroad, its 
 franchise and appurtenances, executed January 1, 1864, and on the first 
 day of January, 1870, extended for the tei-m of nine hundred and ninety-nine 
 years, to which lease and assignment reference is hereby made, it is agreed 
 that the stock of the Portland and Keimebeo Railroad Company, issued 
 to said Somerset and Keimebec Railroad Company as part consideration 
 for said lease and the purchase of the stock of said Somerset and Kenne- 
 bec Railroad Company, may be exchanged for the consolidated bonds of 
 the Maine Central Railroad Company, at the rate of one hundred dollars 
 in stock for eighty-eight dollars in bonds, with an equitable adjustment of 
 interest, and the stock of the Maine Central Railroad Company appor- 
 tioned by the Portland and Kennebec Railroad Company (parcel of the 
 Maine Central Railroad Company stock named in the preceding article) to 
 said Somerset and Kennebec Railroad Company, as the balance of the con- 
 sideration for said lease of said last mentioned railroad company and the 
 purchase of the stock thereof, shall stand for and represent in the stock 
 of the Maine Central Railroad Company, the stock of the Somerset and 
 Kennebec Railroad Company, which thereupon shall be deemed to be can- 
 celled. 
 
 Abt. 4. The Maine Central Railroad Company, having already pm-chased 
 and being now owners of a lease of the Leeds and Parmington Railroad 
 Company for nine hundred and ninety-nine years, and of the stock of 
 said company, which is now held in trust for said Maine Central Railroad 
 Company, it is agreed that said Leeds and Farmington Railroad Company 
 shall be merged in said Maine Central Railroad Company, and that its 
 stock now held in trust for said Maine Central Railroad Company shall 
 be cancelled. 
 
 Art. 5. This contract shall take effect when the same shall have been 
 submitted to and ratified by the corporations aforesaid, parties hereto, at 
 meetings called, held and conducted in the manner provided in section 
 three of the act of April 1, 1856, afoifesaid, and thereupon the provisions 
 of sections five, six, seven and eight of said act shall apply to the Maine 
 Central Railroad Company in the same manner and to the same extent 
 that they apply to a new consolidated corporation formed under the pro- 
 visions of said act. 
 
 If either of the corporations proposing to be consolidated with and 
 merged in the Maine Central Railroad Company shall elect not to execute 
 and adopt this contract it shall nevertheless take effect as to such of said 
 companies as shall execute and adopt it. 
 
 In witness whereof the corporate seals of the respective companies, par- 
 ties hereto, have been hereunto affixed, and members of the board of 
 du'ectors of each of said companies, constituting in each case a (Juorum 
 of their respective boards, for and in behalf of their said respective com- 
 panies, have hereunto set their hands, this twenty-fifth day of August, in 
 tli^ |ear of our Lord eighteen hundred and seventy-three. 
 
436 MAINE CENTRAL EAILROAD. 
 
 CONTRACT 
 
 Between Maine Central Railroad Company and Euro- 
 pean and North American Railroad Company, dated 
 February 9, 1869. 
 
 Memoeanbum of an Agbbement this day made between the Maine Cen- 
 tral Railroad Company of the first part, and the European and North 
 American Railroad Company of the second part, witnesseth. 
 
 1st. The party of the first part hereby grants permission to the party of 
 the second part to lay down, maintain, repair, rebuild and perpetually use a 
 track across their depot grounds in Bangor, to be connected on the north- 
 erly side of Emerson street, in Bangor, with the railroad of the party of the 
 second part, and extending, southerly of the depot grounds of the party of 
 the first paort, to lands owned by the party of the second part. Said track to 
 commence on the north side of the depot grounds of the party of the first 
 part westerly of their present depot, and not nearer thereto than seventy feet, 
 Thence extending southwesterly across the depot grounds of said party of 
 the first part, crossing at grade any track or tracks of said party, and keepii(g 
 as near to the westerly line of said depot grounds as is practicable, and 
 keeping also westerly of the woodshed and engine house of said party of the 
 first part, to or near to the southerly line of said depot grounds, and thence 
 passing under the track of said last named party to the easterly side of said 
 track, and thence continuing southerly on to lands to be acquired by said 
 -party of the second part. 
 
 2d. The party of the first part also agree to raise the grade of their 
 track at or near the southerly line of their depot grounds, where the track of 
 the party of the second part is to pass under the same three feet, so as to 
 admit of the passage of the trains of the party of the second part, whenever 
 the party of the second part shall desire to build their tracks across said 
 depot grounds. 
 
 3d. In building said track and maintaining the same, said party of the 
 second part shall as little obstruct the use of said depot grounds as is prac- 
 ticable,- and said tracks to be used by said party of the second part as a 
 means of transit only for their engines and cars from their railroad on the 
 north of the depot of said party of the first part, to the lands of the 
 party of the second part, southerly of the land of said party of the first 
 part, and shall not be used to leave cars or engines standing upon. It is un- 
 derstood and agreed that the said track shaU not be used by the parly of the 
 -second part for running passenger trains thereon for transporting passengers. 
 
 4th. Said party of the second part agree to keep that part of said track 
 from Emerson street, southerly in front of said depot, safely planked over, 
 so as to admit of the safe and easy passage of carriages and vehicles to and 
 from the depot of the party of the first part, and in constructing the passage 
 
MAINE CENTRAL RAILROAD. 437 
 
 under the track of the party of the first part, at or near the southerly line of 
 their depot grounds, they shall build substantial and permanent stone abut- 
 ments under said track, and provide such a structure of wood or iron as shall 
 make said track or tracks of the party of the first part entirely safe and con- 
 venient for the passage of their trains at all times. 
 
 5th. The party of the first part retains the right to cross and re-cross the 
 track above described, and to lay tracks across the same at grade, but not, 
 however, unnecessarily to obstruct the use of the track by the party of the 
 second part. 
 
 6th. In consideration of the privileges granted by the party of the first part 
 in the foregoing articles of agreement, the party of the second part agree to 
 pay to the party of the first part, when the track aforesaid is laid across their 
 depot grounds aforesaid, the sum of one thousand dollars, and to furnish the 
 earth and gravel in High Head, free of cost necessary to raise to the proper 
 heights the tracks of the party of the first part in and about their depot, 
 when the grade at the place of crossing the track Is raised. 
 
 In witness whereof the parties hereto, to wit : the Maine Central Railroad 
 Company, by F. W. Hili and Edwin Noyes, a committee duly authorized for 
 that purpose, and the European and North American Railway Company, by 
 6. K. Jewett, their president, duly authorized, have hereto subscribed their 
 names the 9th day of February, A. D., 1869. 
 
 Maine Central Railroad Company, 
 
 2y EDWIN NOTES, } Committee. 
 
 European and North Amencan Railroad Company, 
 
 By G. K. JEWETT, President. 
 
 CONTRACT 
 
 With the Eastern Railroad Company and the Maine Cen- 
 tral Railroad Company, dated January 1, 1875. 
 
 This agreement, made and concluded this first day of January, A. D., 1875, 
 by and between the Maine Central Railroad Company, a corporation estab- 
 lished under the laws of the State of Maine, party of the first part, and the 
 Eastern Railroad Company, a corporation established under the laws of the 
 State of Massachusetts, party of the second part, witnesseth : 
 
 Said parties, in order so iw as possible to promote the public interest and 
 then: own, by providing for the public accommodation at the least expense, 
 do each, in consideration thereof, and of the execution of this indenture by 
 tie other, agree with each other as follows : 
 
 Abtiole 1. The parties hereto agree to maintain the connection of their 
 tracks in Portland for the use of their respective trains, and to make and 
 
438 MAINE CENTEAL RAILROAD. 
 
 maintain any further connection which the connecting business provided for 
 in this contract may require. 
 
 Aet. 3. For the purpose of defining and determining what shall be un- 
 derstood by the term " connecting business," and by the term ^^pro rata," 
 whenever either or both of said terms shall appear in this contract, it is 
 hereby agreed between said parties, that "connecting business" shall mean 
 all business coming from the road of one party on to the road of the other 
 party, whether the same be passengers or freight, and whether the same pass 
 over the whole or any part of the roads of the parties hereto, or any branches 
 of the same, or any roads leased or operated by said parties. By the term 
 "pro rata," whenever the same occurs in this contract, it shall be understood 
 to mean such a division of the through tariff for both passengers and mer- 
 chandise as shall give to each of the parties hereto such a sum of money as 
 shall bear the same proportion to the whole amount of money received for 
 transportation of the goods or passengers in question, as the distance either 
 of said parties transports said passengers or merchandise, on its own road or 
 branches, bears to the whole distance said passengers and merchandise shall 
 be carried on or over the roads of both the parties hereto. 
 
 Aet. 3. Each party hereto, upon its respective road, and upon any it may 
 control or operate, over which any of the connecting business referred to in 
 this contract is transported, shall furnish suitable depot accommodations for 
 said business, shall furnish and sell all tickets, and check all baggage for pas- 
 sengers going from any point on the road of one party on to the road of the 
 other party, and all such tickets furnished and sold by the party of the first part, 
 shall be good over either the Boston and Maine Railroad, or over the Eastern 
 Railroad, to all points reached by both said Boston and Maine and Eastern 
 Railroads; and no other than tickets thus marked and designated shall be 
 sold by the party of the first part to any point of competition, or any point 
 reached by said Boston and Maine or Eastern RaUroads. Each party shall 
 receive, load and way-bill all goods and merchandise offered for transporta- 
 tion, and collect all charges thereon, and do all things necessary at their re- 
 spective depots that may be required for the proper transaction of said busi- 
 ness, and said first party shall allow the business in both passengers and 
 ^ freight coming from the road of the first party, to pass over either of the 
 roads leading from Portland to Boston, or other points of competition com- 
 mon to said last named roads ; and all such business of both passengers and 
 freight shall be left free to take either line west of Portland without in- 
 fluence from the first party herein named. 
 
 Aet. 4. The rates of transporting all connecting business referred to in 
 this contract, shall be established and fixed from time to time by the party of 
 the first part ; provided, however, that when it is necessary to carry freight 
 at a less rate than is provided for in this contract in order to secure it, the 
 discount or reduction shall be borne by the pai'ties hereto pro rata, and the 
 parties hereto shall fix the rate from time to time for such freight, and the 
 rates of all fare and freights, in which the two parties hereto share pro rata 
 under this contract, shall in all cases be fixed by agreement of the two 
 parties. 
 
 Aet. 5. Through trains for the accommodation of the connecting busi- 
 
MAINE CENTRAL EAILROAD. 439 
 
 ness shall be run over the roads of the parties hereto, at convenient hours, 
 and there shall be a daily morning train (Sundays excepted), for passengers 
 from Boston to Bangor and vice versa, and this train shall be run between 
 Boston and Portland as an express train, not stopping for local travel 
 between said places ; and there shall also be run a daily night train (Sundays 
 excepted) for passengers, when the business will warrant the same, and this 
 also shall be ran between Portland and Boston with dispatch, and with no 
 unnecessary stops for local travel between said points. The cars for these 
 trains shall be in all respects first class, and shall be furnished by each of the 
 parties pro rata according to mileage. Merchandise cars, in good order and 
 suitable for the connecting business herein provided for, shall be run from 
 one road on to the other, and the road owning said cars shall be paid for their 
 use while on the road of the other, at the rate of one and one-half cents per 
 mile, for the distance run in the connecting business. Merchandise cars of 
 the party of the first part, sent loaded to Boston and other points upon the 
 road of the party of the second part, shall be loaded with goods and property 
 in return when offered for transportation, and merchandise cars of the party 
 of the second part, sent loaded to Bangor or other points upon the roads of 
 the first party, shall be loaded with goods and property in return when 
 offered for transportation. 
 
 The party of the first part shall not allow any of its passenger cars to be 
 run on any other road to Boston, or other competing poiuts on the road of 
 the second party west of Portland, than the road of the party of the second 
 part. 
 
 Abt. 6. For every connecting passenger transported by the party of the 
 second part, between Boston, Charlestown, Somerville or Chelsea, and Port- 
 land, said party of the second part shall receive out of the through price of 
 carriage, the sum of one dollar and fifty cents, which shall be in full for all 
 services and depot accommodations connected with said carriage, and the 
 party of the first pait shall receive the balance of said through price. For 
 every connecting passenger between any station other than Boatbn, Charles- 
 town, Somerville or Chelsea, and Portland, the through price of carriage 
 shall be divided pro rata between the parties hereto. For every ton of con- 
 necting goods and property transported between Boston, Charlestown, 
 Somerifille or Chelsea, and Portland, the party of the second part, out of the 
 through price, shall receive two dollars, which shall be in full for all services 
 connected with such carriage. And for every ton of connecting goods or 
 property carried between any other stations than Boston, Charlestown, 
 Somerville or Chelsea, and Portland, the party of the second part shall re- 
 ceive a pro rata share of the through price, and the balance shall belong to 
 the party of the first part. 
 
 Aet. 7. The parties hereto bind themselves, each to the other, promptly and 
 with no unnecessary delay, to cause merchandise cars received from each 
 other to be returned to each other, when coming upon their respective roads 
 in the transportation of the connecting business, and to see that such cars 
 suffer no injuries from careless or improper usage. Should the merchandise 
 cars received from one of the parlies hereto be detained on the road of the 
 other party for more than five days at one time, the party thus detaining them 
 
440 MAINE CENTRAL EAILEOAD. 
 
 shall pay for such detention, at the rate of one dollar and fifty cents a day 
 for every day in excess of five days ; but neither party shall be holden re- 
 sponsible for the cars of the other which may be consigned to stations 
 on roads which are not named in this contract. The cars of each party 
 hereto, to be returned in like order as received, ordinary wear and tear 
 excepted. 
 
 Art. 8. All injuries to persons, or loss of, or damages to baggage or goods 
 or property embraced in the joint business, shall be paid for by the party on 
 whose road it may occur, and when the loss or damage cannot be traced to 
 either of the parties hereto, then it shall be paid for by each, in the propor- 
 tion it shares in the through price of carriage. 
 
 Art. 9. Each of the parties hereto shall be accountable to the other for 
 the prompt collection of all charges and dues connected with the transaction 
 of the connecting business that shall be payable upon its road, and accounts 
 shall be kept by the parties of said connecting business,\ and returns thereof 
 made by each to the other, and once in each month these accounts shall be 
 settled, and the balance due from one party to the other paid once a month. 
 
 Akt. 10. The party of the first part hereby agrees to use its influence to 
 protect the rates of the party of the second part, and in no event whatever, 
 will it permit any other person or persons, corporation or corporations, trans- 
 portation company or companies to transport any persons or property, pas- 
 sengers or merchandise in either direction, on or over any part of the road 
 of said first party at any less rates for said passengers or merchan dise than it 
 charges said second party for carrying the passengers and merchandise of 
 said second party. 
 
 And the party of the second part hereby agrees to make the rate for pas- 
 sengers and merchandise from all points competing with the party of the first 
 part, whether the same be by land or water, as low as said second party makes 
 or names to any other party, corporation or transportation company, that is 
 to say, said second party shall in no event whatever name a rate from any 
 point on the line of the first party, to any point on the line of the second 
 party to any other or third party, at less than the rate named between the 
 same points by said first party, it being the intent and meaning of the parties 
 hereto, to protect each other in all rates of fare and freight, so far as they 
 legally can. It is further agreed that neither party hereto will carry freight 
 or passengers in connection with any other party between competing points, 
 at rates that will enable any other party to carry at a less price than the 
 parties hereto carry freight or passengers between said competing points. 
 
 Aet. 11. Sliould any disagreement arise between the parties hereto, in 
 regard to the true intent and meaning of any of the provisions of this con- 
 ti'act, or whether or not either of the parties fairly carry out its provisions, 
 or whether or not either of the parties has done any act, or created any com- 
 petition with the business of the other, as provided against in this contract, 
 the parties hereto agree to refer such matters to three impartial and disinter- 
 ested arbitrators, one to be selected by each of the parlies hereto, and the 
 third by the two so selected, and who, after hearing the parties, shall make 
 their decision, anrf it shall be final and binding upon the parties hereto. 
 
 Abt. 13. This contract shall commence and take effect from the date of 
 
PORTLAND AND OGDENSBUEG RAILROAD. 441 
 
 its execution by tlie parties, and continue in force for tlie term of five years, 
 and thereafter until one party shall give to the other one year's notice of its 
 deaire to terminate it ; and upon the execution and taking efEect of this con- 
 tract, all prior agreements between the parties hereto shall terminate as to all 
 future business. 
 
 In witness whereof the said Maine Central Railroad Company and the said 
 Eastern Railroad Company have caused these presents to be executed in their 
 behalf, by their committees thereunto duly authorized, the day and year first 
 above mentioned. 
 ■ The Maine Central Railroad Company, 
 
 ^ ^ By GEO. L. WARD, ) 
 
 JOHN B. BROWN, }- Committee. 
 
 J. P. COOK, ) I 
 
 Tbe Eastern Railroad Company, 
 
 By JNO. WOOLDREDGB.t committee 
 and PRANK JONES, i i^ommittee. 
 
 VOMIMD AW OGDENSBURG RAILROAD 
 COMPANY. 
 
 The work on this road commenced September 7, 1869. In August, 1871, 
 it was opened to Conway, N. H., sixty, miles, for travel and traffic, and to 
 Upper Bartiett, twelve miles further, in July, 1873. 
 
 From Portland to the State line is fifty-one miles. 
 
 LAWS OF 1867, CHAP. 353. 
 An act to incorporate the Portland and Ogdensburg Railroad Company. 
 
 -Se it enacted, (&c. Sect. 1. John B. Brown, T. 0. 
 Hersey, Thomas H. Weston, Horatio N. Jose, Samuel E. 
 Spring, Josiah H. Drummond, Henry A. Jones, George "W". 
 "Woodman, George F. Shepley, Israel "Washburn, Jr., A. K. 
 Shurtleff, Charlfes Q. Clapp, St. John Smith, John Lynch, 
 Jonas H. Perley, Charles H. Haskell, M. G. Palmer, W. F. 
 MiUiken, M. N. Eich, Henry Fox, Richard D. Rice, R. B. 
 Dunn, Samuel F. Hersey and George K. Jewett, their asso- 
 ciates, successors and assigns, are hereby made and constituted 
 28 
 
 Corporators. 
 
442 
 
 POETLANB AND OGDENSBURG RAILROAD. 
 
 Name, powers, 
 •Sec. 
 
 Purpose. 
 
 Location. 
 
 a body corporate and politic, by the name of the Portland and 
 Ogdensburg Railroad Company, and by this name may sue 
 and be sued, plead and be impleaded, and shall have and enjoy 
 all proper remedies at law and in equity to secure and protect 
 them in the exercise and use of the rights and privileges and 
 in the performance of the duties hereinafter granted and en- 
 joined, and to prevent all invasions thereof, or interruptions in 
 exercising and performing the same ; and the said corporation 
 is hereby authorized and empowered to locate, construct and 
 finally complete, alter and keep in repair, a railroad with one 
 or more sets of rails or tracks, with all suitable bridges, tun 
 nels, viaducts, turnouts, culverts, drains, and all other neces 
 sary appendages, from some point in the city of Portland, or 
 from some point upon the line of any railroad, in the counties 
 of Oamberland or York, extending northerly or westerly from 
 said city, to such place upon the west line of the State, as may 
 be found expedient for the purpose of forming a connection 
 with a railroad to be constructed from such place, westerly or 
 northwesterly to the east line of the State of Vermont ; and 
 said corporation shall be and hereby are invested with all the 
 powers, privileges and immunities which are or may be neces- 
 sary to cai-ry into effect the purposes and objects of this act 
 as herein set forth ; and for this purpose said corporation shall 
 May take lands have the right to purchase, or to take and hold so much of 
 of road. t^^ l^-iid and the real estate of private persons , and corporar 
 
 tions as^may be necessary for the location, construction and 
 convenient operation of said railroad and branch ; and they 
 shall also have the right to take, remove and use for the con- 
 struction and repair of said railroad and appurtenances, any 
 earth, gravel, stone, timber or other materials on or from the 
 land so taken ; provided, however, this said land so taken shall 
 not exceed six rods in width, except where greater width is 
 necessary for the purposes 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 upon ; and in case said parties shall not otherwise agree, 
 the said corporation shall pay such damages as shall be ascer- 
 
 Limit of width 
 and provisions 
 as to compen- 
 sation. 
 
PORTLAND AND OGDENSBUEG RAILROAD. 443 
 
 tained 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 limita- Land damages, 
 
 liow ana oy 
 
 tions as are by law provided in the case of damages by the whom deter- 
 laying out of highways. And the land so talien by said cor- 
 poration shall be held as lands taken and appropriated for 
 highways. And no application to said commissioners to esti- 
 mate said damages shall be sustained unless made within three Limit as to ap- 
 years from the time of taking such land or other property ; p"<=^''»" *" 
 and in case such railroad shall pass through any woodland or 
 forests, the said company shall have a right to fell or remove 
 any trees standing therein within four rods of such road, Remo™! of 
 
 ■' '^ _ trees and com- 
 
 which by their liability to be blown down, or from their pensation 
 natural falling, might obstruct, or impair said railroad, by pay- *''^'^^*'"''- 
 ing a just compensation therefor, to be recovered in the same 
 manner as provided for the recovery of other damages in this 
 act. 
 
 Sect. 2. The capital stock of said corporation shall consist 
 of not less than one thousand nor more than twenty thousand capital, 
 shares; and the immediate government and direction of the 
 affairs of said corporation shall be vested in nine directors, '"^ ™ 
 who shall be chosen by the members of said corporation in 
 the manner hereinafter provided, and shall hold their oiSce ' 
 until others shall have been duly elected and qualified to take May have one 
 their place, a majority of whom shall form a quorum for the Hampshire 
 transaction of business ; and they shall elect one of their num- see laws ]875, 
 bar to be 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 treasurer, who shall be sworn, and also give 
 bonds to the corporation with sureties to the satisfaction of the 
 directors in a sum not less than ten thousand dollars, for the 
 faithful discharge of his trust. And for the pui-pose of receiv- stock snbserip- 
 
 ~ r r tions, by whom, 
 
 mg subscriptions to the said stock, books shall be opened under where and how 
 the direction of the persons named in the first section of this °^^^ ' 
 act, at such times as they may determine, in the city of Portland, 
 and elsewhere, as they shall appoint, to remain open for five suc- 
 cessive days, at least, of which time and place of subscription 
 public notice shall be given in some newspaper, printed in each 
 
444 
 
 PORTLAND AND OGDENSBUEG RAILROAD. 
 
 Org9.nization. 
 
 Powers of 
 guardians in 
 settlement of 
 land damages. 
 
 Powers of 
 directors as to 
 construction 
 and manage- 
 ment of road. 
 
 Assessments on 
 shareholders. 
 
 of the counties of Cumberland and York ten days before the 
 opening of, such subscriptions; and any seven of the persona 
 named in the first section of this act are hereby authorized to 
 call the first meeting of said corporation, for the choice of 
 directors and organization, by giving notice in one or more 
 newspapers published as before named, of the time and place, 
 and purposes of such meeting, at least fourteen days before 
 the time mentioned in such notice. 
 
 Sect. 3. 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 guar- 
 dian 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 or claims for damages by reason of taking such land 
 and estate as aforesaid, and give good and valid releases and 
 discharges therefor. 
 
 Sect. 4. 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 corpo- 
 ration for the purposes of locating, constructing, and com- 
 pleting said railroad and branch, and for the transportation of 
 persons, goods, and property of all descriptions, and all such 
 powers and authority for the management of the affairs of the 
 corporation as may be necessary and proper to carry into effect 
 the objects of this grant, to piirchase 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 transpor- 
 tation 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 this 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 by-laws of 
 said corporation, the directors may order the treasurer to sell 
 
PORTLAND AND OGDENSBUEG RAILKOAD. 445 
 
 such share or shares at public auction, after giving such notice 
 
 as may be prescribed as aforesaid to the highest bidder, and the ,0,'^°^ ^^^ 
 
 same shall be transferred to the purchaser ; and such delhiquent mentof ^ame. 
 
 subscriber, 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 Q„j,3iy(,j,g ^s 
 
 and costs of sale, and shall be entitled to the overplus, if his to same. 
 
 share or shares sell for more than the assessments due, 
 
 with interest and costs of sale; provided, however, that no 
 
 assessment shall be laid upon any shares in said corporation 
 
 of a greater amount in the whole than one hundred dollars. 
 
 Sect. 5. A toll is hereby granted and established for the toUs, transpor- 
 sole benefit of said corporation, upon all passengers and prop- *^T'I°"™^ 
 erty of all descriptions which may be conveyed or transported 
 by them upon said road, at such rates 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 
 rights of roads, and all other matters and things in relation 
 to said road shall be in conformity with such rules, regula- 
 tions and provisions as the directors shall from time to time 
 prescribe and direct. 
 
 Sect. 6. The legislature may authorize any other company „ 
 
 ° "^ "^ 1 ./ Connections 
 
 or companies to connect any other railroad or railroads with aniT regulation 
 the railroad of said corporation, at any point on the route of 
 said railroad. And said corporation shall receive and transport 
 allpersons, 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 con 
 nected therewith, at the same rates of toll and freight as may 
 be prescribed by said corporation, so that the rates of freight 
 and toll of such passengers and goods and other property as 
 may be received from such other railroads so connected with 
 said road as aforesaid, shall not exceed the general rates of 
 freight and toll on said railroad, received for freight and pas- 
 sengers at any of the deposits of said corporation. 
 Sect. 7. K said railroad in the course thereof, shall cross „ 
 
 ' Crossings. 
 
 any private way, the said corporation shall so construct said 
 
446 
 
 PORTLAND AND OGDENSBUEG RAILROAD. 
 
 Fences. 
 
 Mails. 
 
 Repairs and 
 facilities for 
 transportation. 
 
 Liens. 
 
 Conditions re- 
 garding trans- 
 portation for 
 other roads. 
 
 railroad as not to obstruct the safe and convenient use of such 
 private way ; and if said railroad shall in the course thereof, 
 cross any canal, railroad, or the highway, the said railroad shall 
 he so constructed as not to obstruct the safe and convenient 
 uses of such canal or highway; and the said corporation shall 
 have power to raise or lower such highway or private way, so 
 that the said railroad, if necessary, may conveniently pass over 
 or under the same, and erect such gate or gates thereon as 
 may be necessary for the safety of travellers on said railroad, 
 highway or private way, and shall keep all bridges and em- 
 bankments necessary for the same in good repair. 
 
 Sect. 8. Said 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, or lands that may be hereafter 
 improved. 
 
 Sect. 9. The said corporation shall at all times, when 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 road as may be required, for a fair and reasonable compen- 
 sation. And in case the corporation and the postmaster general 
 shall be unable to agree upon the compensation aforesaid, the 
 legislature of the State shall determine the same; and the said 
 corporation, after they shall commence the receiving of tolls, 
 shall be bound at all times to have said railroad in good repair, 
 and a sufficient number of suitable engines, carriages and vehi- 
 cles for transportation of persons and articles, and be obliged 
 to receive at all proper times and places and carry 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. And said corporation, fulfilling on its part all and sin- 
 gular the several obligations and duties by this section imposed 
 and enjoined upon it, shall not be held or bound to allow any 
 engine, locomotive, cars, carriages or other vehicle for the 
 transportation of persons or merchandise to pass over said rail- 
 road other than its own, furnished and provided for that pur- 
 pose, as herein enjoined and required ; provided, however, 
 that said corporation shall be under obligation to transport 
 
POETLAND AND OGDENSBURG RAILROAD. 447 
 
 over said road the passenger and other cars of any incorpo- 
 rated company, that may hereafter construct a railroad con- 
 necting with that hereby authorized, such other company being 
 subject to all the provisions of the fifth and sixth sections of 
 this act, as to rates of toll and all other particulars enum- 
 erated in said sections. 
 
 Sect. 10. If any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of arly car- trespansand 
 
 , . 1 •! J • *i . • 1 A penalties 
 
 riages on such railroad, or m any way spoil, injure or destroy therefor, 
 said railroad, or any part thereof, or anything belonging 
 thereto, or any materials or implements to be employed in the 
 construction of or for the use of said road, he, she or they, or 
 any person or persons assisting, aiding or abetting such tres- 
 pass, 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 enforced and 
 sued for before any justice or in any court proper to iry the recoverable, 
 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 jury of the county within which 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 five 
 hundred dollars to the use of the State, or may be imprisoned 
 for a term not exceeding five years, at the discretion of the 
 court before whom such conviction may be had. 
 
 Sect. 11. Said corporation shall keep, in a book for that 
 purpose, a regular account of all their disbursements, expendi- op°en to 
 tures and receipts, and the books of said corporation, shall at inspection, 
 all times be open to the inspection of the governor and council, 
 and of any committee duly authorized by the legislature, and 
 at the expiration of every year the treasurer of said corpora- 
 tion shall make an exhibit, under oath, to the legislature, of 
 the profits derived from the income of said railroad. 
 
 Sect. 12. All real estate purchased by said corporation for ^axes. 
 the use of the same under the fourth section of this act, shall 
 be taxable to said corporation by the several cities, towns and 
 
448 
 
 PORTLAND AND OGDENSBURG RAILROAD. 
 
 Income, how 
 applied. 
 
 Meetings. 
 
 Powers of 
 legislature. 
 
 plantations in which said land lies, in the same manner as lands 
 owned by private persons, and shall in the valuation list, be 
 estimated the same as other adjacent lands of the same quality 
 in such city, town or plantation, and not otherwise; and the 
 shares owned by the respective stockhold ers, shall be deemed 
 personal estate, and be taxable as such to the owners thereof 
 in the places where they reside and have their homes. And 
 whentever the net income of said corporation shall have 
 amounted to ten per centum per annum upon the cost of the 
 road and its appendages and incidental expenses, the directors 
 shall make a special report of the fact to the legislature, from 
 and after which time one moiety, or such other portion as the 
 legislature may from time to time determine, of the net in- 
 come of said railroad, accruing thereafter over and above ten 
 per centum per annum first to be paid to the stockholders,, 
 shall annually be paid over to the treasurer of said corpora- 
 tion as a tax in the treasury of the State, for the use of the 
 State ; and the State may have and maintain an action against 
 said corporation therefor, to recover the same. But no other 
 tax than herein is provided shall ever be levied or assessed 
 on said corporation or any of their privileges or franchises. 
 
 Sect. 13. The annual meeting of the members of said cor- 
 poration shall be holden on the first Monday in January, or 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall ap- 
 point; at which meeting the directors shall be chosen by ballot, 
 each proprietor by himself or proxy being entitled to as many 
 votes as he holds shares; and the directors are hereby author- 
 ized 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. 14. The legislature shall at all times have the right to 
 enquire into the doings of the corporation and into the man- 
 ner in which the privileges and franchises herein and hereby 
 granted, may have been used and employed by said corpora- 
 tion, and to correct and prevent all abuses of the same, and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion which may be necessary, more effectually to compel a 
 
Limit of time 
 for location and 
 
 PORTLAND AND OGDENSBUEG RAILROAD. 449 
 
 compliance with the provisions, liabilities and duties herein- 
 before set forth and enjoined. 
 
 Sect. 15. If the said corporation shall not have been organ- 
 ized, and the location according to actual survey of the route 
 filed with the county commissioners of the counties through construction, 
 which the same shall pass, on or before the thirty first day of ^p^^^gi^g,!. 
 December, in the year of our Lord one thousand eight hun- isti, chap. eii. 
 dred and seventy, or if the said corporation shall fail to com- ^™ec^i"i872- 
 plete said railroad to the west line of the State on or before 1872, chap. i67. 
 the thirty-first day of December, in the year of our Lord one ^™ec^3i°i8T5- 
 thousand eight hundred and seventy-three, in either of the ists, chap. 336. 
 above mentioned cases, this act shall be null and void. 
 
 Sect. 16. This act shall take effect when approved by the 
 governor. Approved February 11, 1867. 
 
 LAWS OF 1868, CHAP. 591. 
 
 An act additional to an act to incorporate the Portland and Ogdensburg 
 Railroad Company. 
 
 Be it enacted, <&c. Sbct. 1. The Portland and Ogdens- 
 burg Eailroad Company may consolidate the management of Mayconsoii- 
 or enter into and execute a contract with the Portland, White JlthcerbSn'^ 
 Mountains and Ogdensburg Eailroad, in the State of New other railroad 
 
 ° companies for 
 
 Hampshire ; the Essex County Railroad Company, the Yer- management of 
 mont Central Railroad Company, the Montpelier and St. ""^^^ 
 Johnsbury Railroad Company, the Vermont and Canada Rail- Amended 1875, 
 road Company, and the Lamoille Valley Railroad Company, "''^P' ^*^- 
 in the State of Vermont; and with any other railroad com- 
 pany or companies now incorporated or which may hereafter 
 be incorporated, within the States of Maine, New Hampshire, 
 Vermont and New York, between Portland in the State of 
 Maine, running northwesterly towards Niagara river in the 
 State of New York, or with any of the roads hereinbefore 
 mentioned, for the maintenance, working and management of 
 the railroad or railroads of any of said companies for such 
 period of time and on sneh terms and conditions as may be 
 agreed upon by the parties entering into such contract or 
 contracts. And said Portland and Ogdensburg Railroad Com- 
 
450 
 
 PORTLAND AND OGDENSBUKG RAILROAD. 
 
 May purchase 
 or lease such 
 roads. 
 
 May issue 
 bonds, guaran- 
 tee payment of 
 bonds of com- 
 panies contractr 
 ed with, and 
 secure pay- 
 ment of same 
 by mortgage. 
 
 City of Port- 
 land may at 
 legal meetings 
 vote raising by 
 tax or loan 
 amount equal 
 to 2i per cent, 
 of Yaluation in 
 aid of P. &. O. 
 R. K. 
 
 Proviso as to 
 aggregate of 
 aid. 
 
 Stoclc held by 
 city to entitle 
 mayor and 
 aldermen to 
 vote at meet- 
 ings of corpora- 
 tion. 
 
 pany may purchase any or all of said railroads, or take a lease 
 or leases of any one or more of them, on such time and on 
 such terms and conditions as may be agreed upon by the 
 parties to such purchase or purchases, lease or leases. And 
 the said Portland and Ogdensburg Railroad Company, in 
 order to carry into effect any contract, purchase or lease that 
 it may become a party to under the above authority, may issue 
 its bonds or other securities, or guaranty the payment of the 
 bonds or other securities of such railroad company or com 
 panics as it may contract with, make purchase of or lease 
 under the authority herein contained, and may secure such 
 contracts, bonds and guaranties by mortgage of its road-beds, 
 rolling stock, franchises, rights and properties, or such parts 
 of them as may be deemed expedient. 
 
 Sect. 2. The city of Portland is authorized in lieu of that 
 portion of the loan of its credit voted by said city to the Port- 
 land and Ogdensburg Railroad Company on thfe thirtieth day 
 of April, in the year of our Lord one thousand eight hundred 
 and sixty-seven, at legal meetings of the voters thereof of the 
 several wards, duly notified to be holden for that purpose at 
 the ward rooms, by a two-thirds vote of those present and vot- 
 ing by ballot, to raise by tax or loan such sum of money as 
 shall be deemed expedient, not exceeding two and one-half 
 per cent, of the valuation of said city as made by the assessors 
 thereof for the year in which said meeting shall be held, and 
 may appropriate the same to aid in the construction of the 
 railroad of said Portland and Ogdensburg Railroad Company 
 in such manner as they shall deem proper; provided, that 
 whenever the aggregate of aid to railroads furnished by said 
 city since the passage of the act of February twenty-eighth, 
 eighteen hundred and sixty-seven, shall amount to or equal 
 five per cent, of the valuation of the city, the authority to 
 grant aid shall cease, and shall not revive on increase of valua- 
 tion. 
 
 Sect. 3. "Whenever the city of Portland shall hold stock in 
 the Portland and Ogdensburg Railroad Company, the mayor 
 and aldermen are authorized to vote thereon at all meetings of 
 said corporation, or may by vote appoint an agent for that 
 purpose. 
 
PORTLAND AND OGDENSBUEG RAILROAD. 451 
 
 Sect. 4. Said Portland and Ogdensbnrg Eailroad Com- 
 pany may contract with any railroad terminating in Portland, ^"y "eulr" 
 for the purchase, or use and occupation of so much of its track, lease depot ana 
 
 , .1 1 11 1 j7 i.1, track privileges 
 
 grounds or station houses, as shall be necessary for the conven- in Portland, &c. 
 ient transaction of its business in Portland, or may unite with _ 
 such road or roads in the construction of other buildings or 
 improvements for that purpose. Approved February 28, 
 1868. 
 
 LAWS OF 1871, CHAP. 611. 
 
 An act additional to and amendatory of an act entitled "an act to incor- 
 porate the Portland and Ogdensburg Railroad Company." 
 
 Be it enacted, (&c. Sect. 1. The Portland and Ogdensburg p. &. o. Eaii- 
 Eailroad Company is hereby invested with power and author- road co. au- 
 ity to continue and prolong its railroad, beyond the line of continueits 
 this State, through the State of New Hampshire to the eastern the™^"o7thi^ 
 line of the State of Vermont, and to purchase, take and hold state, 
 lands, or the right of way over lands, for the purposes of said 
 
 . „ . . , „ May take lands 
 
 railroad, without the limits of this State to said line of Ver- for the purposes 
 mont, with the same powers and privileges granted by the act g„^e'ct'^to \aws 
 to incorporate said company, and acts additional thereto here- of New Hamp- 
 tofore enacted, subject to the conditions and regulations that 
 have been or may be prescribed by the laws of New Hamp- 
 shire. 
 
 Sect. 2. The directors of said Portland and Ogdensburg . Directors, ten- 
 Eailroad Company shall, if the stockholders vote to accept "'^ "f "^o^ »^- 
 
 ,„,, .1 Amended 1872, 
 
 this amendment of the charter ot said company, be chosen chap. 167. 
 for three years. At the first annual meeting, after this privi- 
 lege is accepted, the stockholders shall by their votes designate regulate terms" 
 the persons to hold for one year, for two years and for three "f o^^e. 
 years; and thereafter one-third of them shall be elected an- , 
 
 Vacanciea to be 
 
 nually. Vacancies shall be filled at the annual meetings by mied at annual 
 election for the unexpired term of the class in which the vacan- ""^^ '"^^' 
 cies exist. 
 
 Sect. 3. The time for locating said railroad is hereby ex- Ti^g ^j ^w^i- 
 tended to the thirty -first day of December, in the year of our ingsaidraii- 
 
 T , ' road extended 
 
 Lord one thousand eight hundred and seventy-one. to Dec. si, isri. 
 
 Sect. 4. This act shall take effect wherf appproved. Ap- 
 proved February 15, 1871. 
 
452 
 
 POETLAND AND OGDENSBUEG RAILROAD. 
 
 LAWS OF 1872, CHAP. 166. 
 
 An act to authorize the city of Portland to grant further aid in the con- 
 struction of the Portland and Ogdensburg Railroad. 
 
 City of Port- 
 land authorized 
 to loan its 
 credit. 
 
 Act when to 
 take effect. 
 
 Two-thirda 
 vote neceBsary 
 to accept act. 
 Returns of 
 votes, how 
 made and de- 
 clared. 
 
 Scrip may be 
 issued. 
 
 Coupons. 
 
 Whole amount 
 of scrip not to 
 exceed $2,600,- 
 000. 
 
 Proceeds, how 
 ; applied. 
 
 Bonds of the 
 .company to se- 
 . cure payment 
 
 of scrip and 
 . coupons. 
 
 Be it enacted, <&c. Sect. 1. The city of Portland is here- 
 by authorized to loan its credit to the Portland and Ogdens- 
 burg Railroad Compaiiy, in aid of the construction of their 
 railroad, subject to the following terms and conditions : 
 
 Sect. 2. This act shall not take effect until it be accepted 
 by the directors of said railroad company and by the vote of 
 the inhabitants of said city, voting in ward meetings, duly 
 called according to law ; and at least two-thirds of the votes 
 cast at such ward meetings, shall be necessary for the accept- 
 ance of the act. The returns of such ward meetings shall he 
 made to the aldermen of the city, and by them counted and 
 declared, and the city clerk shall make a record thereof. 
 
 Sect. 3. Upon the acceptance of the act as aforesaid, the 
 city treasurer shall make and issue from time to time, for the 
 purposes contemplated in this act, the scrip of said city in con' 
 venient and suitable sums payable to the holder thereof on a 
 term of time not less than thirty nor more than forty years, 
 with coupons for interest at six per cent, attached, payable 
 semi-annually or yearly. The whole amount of said scrip 
 shall not exceed twenty-five hundred thousand dollars, and the 
 same shall be delivered by the city treasurer to the directors 
 of said railroad company, subject to tlie several provisions of 
 this act ; the proceeds of the same shall be applied by the 
 directors of the company exclusively to the construction and 
 necessary equipment of the Portland and Ogdensburg rail- 
 road. / 
 
 Sect. 4. Before the delivery of any portion of the scrip 
 aforesaid, the directors of the railroad company shall execute 
 and deliver to the city treasurer, for the city, the bond of the 
 company, in a suitable penal sum, conditioned that the com- . 
 pany will duly pay the interest and the principal of said scrip, 
 and will hold the city harmless and free from all expenditure, 
 damage or loss on account of the issue and delivery of the 
 same. ' 
 
PORTLAND AND OGDENSBURG RAILROAD. 453 
 
 Sect. 5. As a further security for the issue and delivery of Mortgage of 
 said scrip, the directors of the company shall a,lso deliver to gecure payment 
 the city treasurer, the mortgage bonds of said company, issued ofbondsofiSTi. 
 and bearing date, on the first day of November, eighteen hun- 
 dred and seventy-one, and secured by a deed of trust and 
 mortgage of said railroad, and the franchise and property of 
 the company, of the same date heretofore executed and deliv- 
 ered by said company to trustees, for the benefit of the holders 
 of the mortgage bonds aforesaid. The amount of said bonds so Mortgage bonds 
 delivered to the city treasurer, shall be equal to the amount of ^^^^^^^l o°ty 
 scrip issued and delivered under this act, and the same shall be scrip, 
 held by the city treasurer for the time being, as collateral secu- 
 rity to the obligation and bond given by the company as afore- 
 said, to hold and save the city harmless on account of the issue 
 and delivery of said scrip. Upon the payment by the com- 
 pany of the interest which shall from time to time accrue upon 
 said scrip, the city treasurer shall cancel and surrender to the c;ty treasurer 
 company, an amount of the interest warrants attached to said *° <=*°™^ ™'*'" 
 
 ■■ '' est warrants. 
 
 mortgage bonds, equal to, and corresponding as nearly as may 
 he in date, to the amount of interest so paid on said scrip. 
 
 Sect. 6. At the maturity of the mortgage bonds herein pro- 
 vided to, be delivered as collateral security, and after the pay- de'oned'Tt^ma- 
 ment of all the other mortgage bonds issued under said deed turity, trustees 
 
 n , .,, ■»,.,, authorized to 
 
 ^01 trust and mortgage, it any portion oi the scrip hereby transfer road to 
 authorized to be issued, shall be unredeemed and outstanding, °^°^ ^'"^' 
 the trustees, for the time being, under said deed of trust and 
 mortgage, shall be authorized to release and assign to the 
 city of Portland all the title and interest which they may then 
 have in the estate, property and franchise of the company by 
 virtue of said deed, and of any other conveyance made in pur- 
 suance of the covenants therein contained, which conveyance 
 shall be a discharge of said trustees from all trusts created and 
 declared in said deed, and the city shall, by such conveyance, 
 take and hold the said estate, property and franchise as in 
 mortgage, for the security and indemnity of the city, on 
 ' account of the issue and delivery of its scrip as herein author- 
 ized, until the final redemption and reimbursement of said 
 
 .scrip^ and the interest accruing thereon. 
 
454 
 
 PORTLAND AND OGDENSBUEG EAILEOAD. 
 
 Directors shall 
 transfer to city 
 of Portland 
 shares equal in 
 amount to 
 scrip issued by 
 city. 
 
 Shares to be 
 held as collat- 
 eral security. 
 
 Such shares to 
 be credited on 
 books as fully 
 paid up. 
 
 Sinking fund 
 and commis- 
 sioners to be 
 appointed. 
 
 Commissioners, 
 ■when appoint- 
 ed. 
 
 Shall be sworn. 
 
 Shall give bond. 
 
 Compensation 
 of. 
 
 One per cent, of 
 scrip to be paid 
 to commission- 
 ers in five years 
 ftom delivery. 
 
 Sect. 7. The directors shall also transfer to the city upon 
 the delivery of any portion of the sci-ip herein authorized, an 
 equal amount in the shares of the company, until the whole 
 number of shares authorized under the charter of said com- 
 pany, shall be issued, to be held as collateral security for the 
 bond of the company required to be given in such case, and 
 the shares so held as collateral, shall be credited on the stock 
 books of the company, as fully paid up and no assessment shall 
 ever be required thereon, nor shall any dividends be paid on 
 the same, nor any right of voting or acting at the meetings of 
 the company be claimed or exercised by reason of said sliares 
 so long as the same shall be held as collateral as aforesaid. 
 
 Sect. 8. For the purpose of providing for the reimburse- 
 ment of the principal of the scrip, authorized to be issued by 
 this act, there shall be established a sinking fund, and two 
 commissioners shall be appointed to manage the same who 
 shall be appointed by the mayor and aldermen of the city, and 
 in case of vacancy in the place of either, the same shall be sup- 
 plied by the mayor and aldermen. Both of said commissioners 
 shall be appointed and qualiiied before the delivery to the 
 directors of any of the scrip. The commissioners shall sever- 
 ally be sworn to the faithful discharge of the duties enjoined 
 uponi them by this act, in presence of the city clerk who shall 
 make a certificate and record thereof as in the case of the quali- 
 fication of city officers ; each commissioner shall give a bond to 
 the city with satisfactory sureties in the penal sum of twenty 
 thousand dollars, conditioned for the faithful discharge of his 
 duty as commissioner. They shall receive such compensation 
 as may be established by the directors which shall be paid to 
 them by the company and shall not be diminished during their 
 continuance in office. 
 
 Sect. 9. The said company at the expiration of five years 
 from the first delivery of any of the scrip authorized as afore- 
 said to be delivered, shall pay to the city treasurer one per 
 cent, of the whole amount of said scrip, which payment shall 
 be by the city treasurer placed to the credit of the commmis- 
 sioners of the sinking fund, and shall constitute a part of said 
 fund ; and thereafter the said company shall also annually, m 
 
PORTLAND AND 06DENSBURG EAILEOAD. ^ 455 
 
 the month of September, pay to the city treasurer from the 
 
 income of the road one per cent, of the whole amount of said one per cent, to 
 
 ^ he paid annu- 
 
 scrip then outstanding, which annual payments shall be sue- ally, 
 cessively placed to the credit of the commissioners of the sink- 
 ing fund, and shall constitute a part of said fund. 
 
 Sect. 10. The commissioners shall have the care and man- commiBsioners 
 asement of all the moneys and securities at any time belong- ^iiaii have care 
 
 .in,,i . TIT •. ^"^ manage- 
 
 mg to said tund ; but the moneys invested and the securities ment of aii 
 shall be in custody of the city treasurer, who shall be by virtue ^""^^a*"'' "^ 
 of his office treasurer of the sinking fund and shall be respon- -m^ myest- 
 sible on his official bond to the city for the safe keeping of the ed, •fee., to be 
 moneys and securities of the fund ; he shall pay out and deliver city treasurer, 
 any of the said moneys and securities only upon the warrant Moneys, how 
 of the commissioners. paid out. 
 
 Sect. 11. The commissioners shall from time to time at ,^ 
 
 Moneys may 
 
 their discretion, invest the moneys on hand securely, so that be invested, 
 
 they shall be productive, and the same may b.e loaned on 
 
 -mortgage of real estate or to any county or upon pledge of the 
 
 securities of any county in this State, or invested in the stock 
 
 of this State or of the United States, or in the bonds of any ' 
 
 railroad company in New England whose road is completed 
 
 and whose capital has been wholly paid in. Any/ portion of ^"""^ ^^^ ^^ 
 
 , „ J . T . T . invested in city 
 
 tne lund may be invested in the city scrip authorized by this scrip, 
 act, and such scrip shall noc thereby be extinguished but shall 
 be held by the commissioners, like their other investments for 
 the purposes of the fund. An amount not exceeding ten per 
 cent. 01 the lund may be loaned on pledge of the stock of any thefundmaybe 
 bank or of any stock insurance company in this State, and the 
 commissioners may from time to time sell and transfer any of companies, 
 said securities. 
 Sect. 12. The sinking fund and all the sums which shall „. ,. ^ ^ 
 
 , , Sinking nma 
 
 De added thereto by accumulation, upon the investments, there- shau be kept 
 of, shall be reserved and kept inviolate, for the redemption ofVott'!"^"™ 
 and reimbursement of the principal of said scrip at the matu- 
 rity thereof, and shall be applied thereto by the commis- 
 sioners. 
 
 fi™ 1 o A n T . T ^'""k held by 
 
 DECT. Id. Any of the shares in the stock of the railroad the city may be 
 cempany, held by the city as collateral, may be sold and trans- l^^ *'*"" 
 
 loaned to banks 
 or insurance 
 
456 PORTLAND AND OGDENSBURG RAILROAD. 
 
 ferred by direction of the commissioners of the sinking fund, 
 with the consent of the du'ectors of the railroad company, 
 whenever an exchange thereof can be adv'antageously made for 
 any of the city scrip, authorized by this act, or whenever the 
 from city sMi ^^^^ Scrip Can be advantageously purchased with the proceeds 
 be cancelled. of any such Sale of such collateral shares. And the scrip so 
 purchased, or talien in exchange, shall be thereupon cancelled 
 and extinguished, and the amount thereof shall be endorsed 
 on the respective bonds of the railroad company given on the 
 Scrip not to be i^sue of and delivery of such scrip. But no part of the sink- 
 redeemed be- ing fund or of its accumulations shall be applied at any time 
 or in any manner to the redemption and extinguishment of 
 the scrip before maturity thereof. 
 
 Sect. 14. The commissioners shall keep a true record of all 
 Commissioners their proceedings, and an account of all sums paid into the 
 reoord'of Sr* fuud, aud of the investments made of the same, and shall 
 tbeir proceed- annually in the month of July, report to the mayor and 
 
 ings and invest- tit /. i m t i . 
 
 ments. aldermen and to the directors oi the railroad company, their 
 
 proceedings for the year, the amount and condition of the 
 fund, and the income of the several parts thereof. And their 
 
 KeoordsandsK!- j-ecords and the accounts of the fund, and the securities belonsr- 
 
 counts shall be ' ° 
 
 open t» inspec- ing thereto shall at all times be open to inspection by such 
 
 times. committee as may be appointed for that purpose by the mayor 
 
 and aldermen or by the directors of the company. 
 
 Sect. 15. To secure the faithful discharge of the several 
 
 m^brre-"^" trusts confidcd to the said commissioners under this act, the 
 
 moved on com- guprcme iudicial court is hereby empowered, upon the com- 
 plaint of mayor nii r-iT r i.1. 
 
 and aldermen, plaint of the mayor and aldermen, or of the directors ot tne 
 railroad company against the said commissioners, or either of 
 them,4Conceming any of said trusts and duties, by summary 
 process according to the course of proceedings in equity, to 
 hear and adjudge upon the matter of such complaint, and to 
 issue thereon any suitable writ or process, and make any proper 
 decree to compel the appropriate discharge and performance 
 of such trusts and duties, and to remove the said commissioners. 
 In case of re- or either of them ; and in case of such removal the vacancy 
 how^suppu™!''' shall be immediately supplied, as provided in the tenth section 
 of this act. 
 
all the scrip, 
 liow applied. 
 
 PORTLAND AND OGDENSBURG EAILROAD. 457 
 
 Sect. 16. If the said sinking fund with its accumulations ^l^^'^"^'^^^"* 
 shall at any time exceed the amount of the scrip unredeemed of unredeemed 
 and outstanding, all such excess shall be annually paid over to brpLidto raii- 
 the railroad company; and if any surplus of the fund shall road company, 
 remain after the redemption and reimbursement of all the redemption of 
 scrip, such surplus shall be paid over to the company. 
 
 Sect. 17. The treasurer of the city of Portland shall, on 
 request of the directors of the said railroad company, after 
 the acceptance of this act by the inhabitants of said city and 
 the execution and delivery of the bond of said company before 
 mentioned, issue and deliver to the treasurer of the said rail- ,,"gg'„ed ™ 
 road company, towards said loan, bonds of said city of Port- railroad com- 
 land to the amount of fifty thousand dollars, and thereafter to 
 issue and deliver to said treasurer of said company bonds of 
 said city of Portland in sums of fifty thousand dollars as often 
 as it shall appear by the report of the engineer of said railroad 
 , company, and to the satisfaction of the mayor and aldermen 
 of said city, that work has been done or materials furnished to 
 the amount before granted on the extension of said railroad 
 from North Conway to a connection with the western division 
 at the Connecticut river, until the entire amount of the loan 
 shall be furnished. 
 
 Sect. 18. This act shall take effect and be in force from and ' 
 after its approval by the governor so far as to authorize the A„t_ ^^en to 
 directors of the company and the inhabitants of the city to act take effect, 
 upon the question of accepting the same. The several ward 
 meetings of the inhabitants for that purpose shall be called 
 and holden within thirty days after request by the president 
 and directors of said company to the mayor and aldermen 
 therefor, and within one year after the approval of this act, 
 and if the act shall be accepted as aforesaid, then after snch Act to take 
 acceptance and record thereof, all the parts of the act shall ^^"""'"'e 
 
 . ' ^ year after ac- 
 
 take effect and be in force, and the citizens of Portland may ceptance by 
 vote twice upon the question of accepting this act and no "^^' 
 more. Approved February 27, 1872. 
 
 29 
 
458 PORTLAND AND OGDENSBURG EAILROAD. 
 
 LAWS OP 1872, CHAP. 16*7. 
 
 An act to repeal section two of chapter six hundred and eleven of the 
 private acts of eighteen hundred and seventy-one , relating to the Port- 
 land and Ogdensburg Railroad Company. 
 
 Be it enacted, dec. Sect. 1. Section two of chapter six 
 
 Chap. 611, sect. . « . , , 
 
 2, laws of 1871, iiiinarca and eleven ot trie private laws of eighteen hundred 
 
 amended. ^^^ seventy-one is hereby amended by striking out the words 
 
 "shall, if the stockholders vote to accept this amendment of 
 
 the charter of said company," and inserting in place thereof 
 
 the words "shall, if the stockholders vote to accept this section 
 
 of this act," so that the section as amended shall read as 
 
 follows : 
 
 Directors "Seot. 2. The directors of said Portland and Ogdensburg 
 
 chosen for three Railroad Company shall, if the stockholders vote to accept 
 
 this section of this act, be chosen for three years. At the first 
 
 annual meeting after this section is accepted, the stockholders 
 
 shall by their votes designate the persons to hold for one year,. 
 
 for two years and for three years; and thereafter one-third of 
 
 Vacancies, how them shall be elected annually. Vacancies shall be iilled at 
 
 the annual meetings, by election, for the unexpired term of 
 
 the class in which the vacancies exist." 
 
 Location Sect. 2. The time for locating said railroad is hereby ex- 
 
 exten e . tended to the thirty-first day of December, in the year of our 
 
 Time extended j ,i j j 
 
 to Deo. 31, 1875; Lord One thousand eight hundred and seventy-two. 
 1873, chap. 336. g^^^_ ^ rpj^.^ ^^^ ^j^^^^ ^^^j^^ ^g.^^^ ^^^^ approved. Ap- 
 proved February 27, 1872. 
 
 LAWS OF 1873, CHAP. 336. 
 
 An act to extend the time for locating, building and completing the 
 Portland and Ogdensburg Railroad. 
 
 Location, time Beit enacted, (&c. Sect. 1. The time for locating, building 
 of, extended. ^^^ completing the Portland and Ogdensburg Railroad is 
 
 hereby extended to the thirty-first day of December, eighteen 
 
 hundred and seventy-five. 
 
 Sect. 2. This act shall take eflfect when approved. Ay- 
 
 proved February 21, 1873. 
 
PORTLAND AND OGDENSBUEG RAILROAD. 459 
 
 LAWS OF 1875, CHAP. 1. 
 
 An act to amend the charter of the Portland and Ogdensburg Railroad 
 
 Company. 
 
 Beit enacted, &c. Sect. 1. That the Portland and Ogdens- 
 burg -Eailroad Company is hereby authorized to elect, in addi- Additional di- 
 tion to the present number of directors provided for by the f^"*""^' ^^^^^ 
 charter of said company, one director, who shall be a resident shire, 
 of the State of New Hampshire. 
 
 Sect. 2. Five directors shall constitute a quorum for the 
 transaction of business. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved January 19, 1875. 
 
 LAWS OF 1875, CHAP. 146. 
 
 An act amendatory of and additional to an acK entitled "an act additional 
 to an act to incorporate the Portland and Ogdensburg Railroad Company." 
 
 Beit enacted, (Sic. Sect. 1. Section first of an act approved 
 February twenty-eighth, eighteen hundred and sixty-eight. Act of Feb. as, 
 entitled "an act additional to an act to incorporate the Port- 
 land and Ogdensburg Eailroad Company," is hereby amended 
 by inserting after the words "New York" where they first 
 occur in said section the words "and the province of Quebec," 
 and after the words "New York," where they next occur, the 
 words "or towards Montreal or Ottawa, in Canada; " also by 
 addin'g to said section the following words : "or said Portland 
 and Ogdensburg Eailroad Company for the purpose of complet- 
 ing and equipping its road and any one or more of the roads of 
 the companies aforesaid with which it may contract as afore- 
 said, may join with the company or companies thus contract- 
 ing in the issue of joint bonds secured by a joint mortgage, 
 covering such property and upon such terras as may be mutu- 
 ally agreed upon by the parties joining in such mortgage. And 
 said Portland and Ogdensburg Eailroad Company may with 
 said companies contracting adopt a name for the through line, 
 which shaU be filed in the office of the secretary of State," so 
 that said section shall read as follows : 
 
 1868, amended, 
 
460 PORTLAND AND OGDENSBUEG RAILROAD. 
 
 "Sect. 1. The Portland and Ogdensbnrg Railroad Company 
 teactwta other ^^^ Consolidate the managenient of or enter into and execute 
 railroads. a Contract with the Portland, White Mountains and Ogdens- 
 
 burg Railroad, in the State of New Hampshire; the Essex 
 County Railroad Company, the Vermont Central Railroad 
 Company, the Montpelier and St. Johnsbury Railroad Company 
 the Vermont and Canada Railroad Company, and the Lamoille 
 Valley Railroad Company, in the State of Vermont ; and with 
 any other railroad company, or companies now incorporated, 
 or which may hereafter be incorporated within the States of 
 Maine, New Hampshire, Vermont and New York, and the 
 '* province of Quebec, between Portland in the State of Maine, 
 running northwesterly towards Niagara river in the State of 
 New York, or towards Montreal or Ottawa in Canada, or with 
 any of the roads hereinbefore mentioned, for the maintenance 
 working and management of the railroad or railroads of any 
 of said companies for such period of time and on such terms 
 and conditions as may be agreed upon by the parties entering 
 May purchase 1^*0 such contract or Contracts. And said Portland and 
 or lease certain Qgdensburg Railroad Company may purchase any or all of 
 said railroads, or take a lease or leases of any one or more of 
 them, on such time and on such terms and conditions as may 
 be agreed upon by the parties to such purchase or purchases, 
 lease or leases. And the said Portland and Ogdensburg Rail- 
 May issue road Company, in order to carry into effect any contract, pur- 
 
 bonds.and , , . , -, ■, , 
 
 mortgage all chasc Or lease that it may become a party to under the above 
 a'an thereof.""^ authority, may issue its bonds or other securities, or guaranty 
 the payment of the bonds or other securities of such railroad 
 company or companies as it may contract with, make purchase 
 of or lease, under the authority herein contained, and may 
 secure such contracts, bonds and guaranties by mortgage of 
 its road beds, rolling stock, franchises, rights and properties, 
 or such parts of them as may be deemed expedient. Or said 
 bondsandmake Portland and Ogdensburg Railroad Company, for the purpose 
 joint mortgage, gf completing and equipping its road and any one or more of 
 the roads of the companies aforesaid with which it may con- 
 tract as aforesaid, may join with the company or companies 
 thus contracting in the issue of joint bonds secured by a joint 
 
PORTLAND AISTD OGDEKSBURG EAILEOAD. 461 
 
 mortgage covering such property, and upon such terms as 
 
 may be mutually agreed upon by the parties joining in such 
 
 mortffaa-e. And said Portland and Ogdensburg Kailroad Com- 
 
 pany may, with said companies contracting, adopt a name ior name for the 
 
 the through line, which shall be filed in the office of the sec- ti'™"g'"i°«- 
 
 retary of State. An attested copy of any contract, lease or j^^^^^^^^ (,„py 
 
 convevance, made or entered into -with any other corporation, of any contract 
 
 '' , to be filed with 
 
 by the said Portland and Ogdensburg Eailroad Company under secretary of 
 the authority of this act, or of the act to which this is amend- 
 atory and additional, shall also be filed in the office of the 
 secretary of State." 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 19, 1875. 
 
 state. 
 
 TRUST DEED 
 
 Of the Portland and Ogdensburg Railroad Company to 
 Woodbury Davis et als., dated November 1, 1870. 
 
 Know all men by these presents, that the Portland and Ogdensburg Rail- 
 road Company, a corporatiou established by the legislature of the State of 
 Maine, and authorized and empowered by the legislature of New Hampshire 
 to construct and extend its railroad across said State of New Hampshire, 
 subject to the laws thereof relating to railroads, and having its principal office 
 for the transaction of business, at Portland, in the County of Cumberland, 
 and State of Maine, for the purpose of efEecting the several trusts and securi- 
 ties hereinafter set forth, executed and declared, designed to enable and pro- 
 vide for the more speedy construction and equipment of the railroad of said 
 company, and in consideration of one dollar paid by the grantees and trus- 
 tees hereinafter named, doth hereby give, grant, bargain, sell and convey 
 to Woodbury Davis, Samuel E. Spring and Weston P. Milliken, all of Poit- 
 land, aforesaid, gentlemen, their survivors and successors, as hereinafter 
 designated, all that part of the railroad of sai"d company, extending and to be 
 extended from the terminus in Portland, in the State of Maine, to Bartlett, 
 in the State of New Hampshire, located and to be located within said limits, 
 called the Portland and Ogdensburg Railroad, including all the rights of way 
 and lands taken and held, or to be hereafter taken and held within said limits, in 
 the States of Maine and New Hampshire, by said company, for the purpose of 
 its road, and all the franchise of said company to build, maintain and operate 
 said railroad, from said Portland to said Bartlett, granted or hereafter to be 
 
462 PORTLAND AND OUDENSBURG RAILROAD. 
 
 granted by said States of Maine and New Hampshire, and all the rails and 
 superstructure of said railroad between said limits of Portland and Bartlett, 
 together with all cars, engines and other movable furniture, machinery and 
 equipments of said road, and all other personal property of said company, 
 appei'taining to and connected with the customary use and working of said 
 railroad, and the machinery thereof. 
 
 To have and to hold the premises with all the privileges and appurtenances 
 thereof, and belonging thereto, to them, the said g'rantees, their survivors 
 and successors, as joint tenants and not as tenants in common, upon the 
 agreements, conditions, and trusts hereinafter set forth as follows : 
 
 ^Vhereas. the stockholders of said Portland and Ogdensburg Railroad Com- 
 pany, on the twenty-first day of October, in the year of our Lord one thou- 
 sand eight hundred and seventy, at a meeting of said stockholders, duly 
 notified and holden, voted, to authorize the directors of said company to issue 
 bonds of the company to an amount not exceeding eight hundred thousand 
 dollars, payable in not exceeding thirty years, with interest semi-annually, at 
 the rate of six per cent, per annum, principal and interest to be paid in gold, 
 and to secure the same by a mortgage of the road located and to be located 
 in Portland in the State of Maine, and thence to Bartlett in the State of New 
 Hampshire, together with all the real estate of said company lying in said 
 Portland and thence to Bartlett, with the track and franchise appertaining to 
 so much of said company's railroad, and with all engines, and rolling stock 
 and other personal property belonging to said company. 
 
 And whereas, the directors of said company, on the same twenty-first day 
 of October, in the year of the Lord one thousand eight hundred and seventy, 
 voted to issue the bonds of said company to the amount of eight hundred 
 thousand dollars, authorized by a vote of the stockholders, to wit : five hundi'ed 
 bonds for one thousand dollars each, six hundred bonds for five hundred dol- 
 lars each, the bonds of each of said denominations to be numbered consecu- 
 tively, beginning with number one of each series, aU dated November 1st, 
 1870, and payable on the first day of July, in the year of our Lord one 
 thousand nine hundred, (1,900,) with semi-annual interest coupons annexed, 
 for interest on the first day of January, and the first day of July in each 
 year, principal and interest payable at Boston, in gold, and signed by the 
 president and treasurer of said company. 
 
 Now if the said company shall well, and truly pay the interest which shall 
 from time to time accrue and become payable upon any and all of 'the bonds 
 of said company, issued under and in accordance with said votes, and shall 
 well and truly pay the principal of the same, at the maturity thereof, then 
 this deed shall be void, otherwise shall be and remain in full force. 
 
 It is agreed that the said company may continue in possession of and man- 
 age the railroad and property aforesaid, so long as it shall punctually pay the 
 interest and principal aforesaid according to the tenor of said bonds, and 
 may from time to time renew and replace any of the personal property here- 
 by conveyed, by other property of like character and situated in like manner 
 for the purposes of said railroad according to the charter of said company. 
 
 This conveyance is made upon the following further trusts and agreements, 
 that is to say ; 
 
PORTLAND AND OGDENSBUEG EAILEOAD. 463 
 
 Mrst. Whenever a vacancy shall occur in the number of trustees hereby 
 appointed, or of their successors, by the death, resignation, permanent disa- 
 bility, or removal from this State of any one of them, whether before or 
 after his acceptance of the trust hereof, the surviving and remaining trustees 
 shall immediately take measures to prove the fact of such vacancy to the 
 Honorable Nathan Clifford, or to his successor for the time being, in the 
 office of the justice of the supreme court of the United States, allotted to the 
 first judicial circuit, and procure the said justice to nominate and appoint in 
 writingj aome suitable person, an inhabitant of the State of Maine, to supply 
 such vacancy, and to certify such nomination and appointment upon the 
 back of this deed, and the said surviving and remaining trustees shall make 
 such nomination and appointment known to the directors of said company 
 without unreasonable delay ; and any person so appointed, upon his accept- 
 ance of said trust, shall succeed to and have all the powers of the trustee in 
 whose place he shall be'appointed. 
 
 And as often as any new trustee or trustees hereof shall be appointed, all 
 the estate, property and interest which shall be for the time being holden 
 upon the trusts hereof, shall thereupon be so conveyed, assigned and trans- 
 ferred by the acting trustee or trustees, as that the same shall vest and be 
 holden jointly by all said trustees, to and for the same trusts, and upon the 
 same conditions, and subject to the same powers and provisions as are herein 
 contained and declared of and concerning the premises, and the trustees 
 named in this instrument, so far as the same trusts, conditions, powers, and 
 provisions shall then be subsisting and capable of taking effect. 
 
 Second. Whenever the trustees shall have catered upon and taken posses- 
 sion of the property hereby conveyed for breach of condition, or for the pur- 
 poses of foreclosure, if before any foreclosure is consummated, the said 
 company shall have fully satisfied and performed all the conditions, for 
 breach of which the entry was made, and paid all the expenses incurred by 
 . the trustees under such entry and possession, or the same shall have been 
 satisfied and paid out of the income, rents and profits received by said trustees 
 from working and managing said railroad and other property, the said trus- 
 tees shall thereupon relinquish to the company all control of said railroad, 
 franchise and other property, and any time for which the same shall have 
 been held by said trustees prior to any such relinquishment, shall not be taken 
 or reckoned as effecting or leading to a foreclosure of this mortgage. 
 
 Third. Whenever the said trustees and their successors shall be in posses- 
 sion of said railroad and other property, they shall grant all such reasonable 
 inspection of their accounts, records and proceedings, as may at any time be 
 required by any committtee of the directors or of the stockholders of said 
 company. 
 
 And the said trustees shall in no event be personally liable for each other, 
 but any one of them is to be accountable and liable only for his own acts, 
 misdoings and neglect. 
 
 And the said company hereby covenants and agrees to and with said trus- 
 tees that upon the demand of said trustees, or their successors, it will make 
 any other and further assurance and conveyance to said trustees, or their 
 successors, of said railroad and other property held and used in connection 
 
464 PORTLAND AND OGDENSBUEG RAILROAD. 
 
 therewith, as the same shall be from time to time extended, enlarged and 
 completed from its point of beginning in Portland aforesaid to Bartlett afore- 
 said so as to make the whole of the road within said limits under the charter 
 of said company, and the f ra'nchise pertaining thereto, and the other property 
 aforesaid subject to and liable for the payment of the bonds and interest here- 
 inbefore described. 
 
 In witness thereof, the said Portland and Ogdensburg Railroad Company 
 has caused these presents to be subscribed by Samuel J. Anderson, president 
 of said company, and the seal of said company to be hereunto affixed, and 
 the said Woodbury Davis, Samuel E. Spring and Weston F. Milliken, in tes- 
 timony of their acceptance of the grants and trusts hereby made, created and 
 declared have hereunto severally set there hands and seals, this first day of 
 November, in the year of our Lord one thousand eight hundred and seventy. 
 
 Signed, sealed and delivered, and duly stamped, on two sheets, 
 in presence of 
 Nathan Webb, 
 William L. Putnam. 
 
 Portland and Ogdensburg Railroad Company, 
 
 By SAM. J. ANDERSON, President, [seal.] 
 
 Countersigned by AUG. E. STEVENS, Treasurer. 
 
 WOODBURY DAVIS, [seal.] 
 S. E. SPRING, [seal.] 
 
 WESTON F. MILLIKEN, [seal.] 
 
 TRUST DEED 
 
 Of the Portland and Ogdensburg Railroad Company to. 
 Samuel J£. Spring et als., dated November 1, 1871. 
 
 Know all men by these presents, that the Portland and Ogdensburg Railroad 
 Company, acoi-porationduly established under the laws of the State of Maine, 
 and authorized and empowered by the legislature of the State of New Hamp- 
 shire to construct and extend its railroad across the State of New Hampshire, 
 subject to the laws of said Sfate, relating to railroads, and having its principal 
 ofiice for the transaction of business at Portland in the county of Cumber- 
 land, and State of Maine, for the purpose of effecting the several trusts and 
 securities hereinafter set forth, created and declared, intended to enable and 
 provide, for the more speedy construction, equipment, and opening of the 
 railroad of said company, and in consideration of one dollar paid by the 
 grantees, and trustees hereinafter named, doth hereby give, grant, bargain, 
 sell and convey to Samuel E. Spring,' Weston F. Milliken and George F. 
 Emery, aU of Portland, aforesaid, gentlemen, their survivors and successors, 
 as hereinafter designated, all of the railroad of said company, located and to 
 be located in Portland in the State of Maine, and thence to its termination at 
 the western boundary line of the State of New Hampshire, with all the roll- 
 ing stock, stations, fixtures, and franchises thereof, and appurtenances there- 
 to belonging, now owned or held, or that may be hereafter acquired by said 
 
PORTLAND AJSTD OGDENSBUEG EAILEOAD. •. 465 
 
 company ; also any and all rights which may be acquired by lease or con- 
 tract, in any railroads, forming part of the through line from Portland to 
 Ogdensbnrg ; with all lands and tenements now taken and held or which may 
 be hereafter taken and held by said company, for the purposes of its rail- 
 road ; and all the franchise of said company, to build, maintain and operate 
 said railroad, granted or to be hereafter granted by said States of Maine and New 
 Hampshire, together with all the cars, engines, and other movable furniture, 
 machinery and equipments of said railroad, and all other personal property 
 of said company, appertaining to, and connected with the customary use and 
 working of said railroad, and machinery thereof. 
 
 To have and to hold the premises, with all the privileges and appur- 
 tenances thereof, and belonging thereto, to them the said grantees, their sur- 
 vivors and successors, as joint tenants and not as tenants in common, upon 
 the agreements, conditions and trusts hereinafter set forth, as follows : 
 
 Whereas the stockholders of said Portland and Ogdensbnrg Railroad Com- 
 pany, on the twenty-third day of October, in the year of our Lord one thou- 
 sand eight hundred and seventy-one, at a meeting of said stockholders duly 
 notified and holden, voted ; to authorize the directors to issue bonds of the 
 company, to an amount not exceeding thirty-three hundred thousand dollars, 
 payable in not exceeding thirty years, with interest semi-annually, at the rate 
 of six per cent, per annum, principal and interest payable in gold, and to 
 secure the same by a mortgage of the road, located and to be located in Port- 
 land, in the State of Maine, and thence to its termination at the western 
 boundary of the State of New Hampshire, with all the lands and tenements, 
 rolling stock, station fixtures, and franchises thereof, and appurtenant there- 
 to, now owned or held, or that may be hereafter acquired, for the use of said 
 company, together with any and all rights, by lease or contract which may be 
 hereafter acquired, in anyjand all railroads, forming part of a continuous line 
 from Portland to Ogdensbnrg ; a portion only of said bonds, amounting only 
 in the aggregate to twenty-five hundred thousand dollars to be issued to pro- 
 vide for the construction, completion and equipment of the whole of said ' 
 raihoad, the remaining eight hundred thousand dollars to be appropriated to, 
 and to be used only for, the liquidation and removal of a prior incumbrance 
 on that portion of said railroad, extending from Portland, Maine, to Bartlett, 
 New Hampshire. 
 
 And whereas the directors of said company, on the thirty-first day of 
 October, in the year of our Lord one thousand eight hundred and seventy- 
 one, voted : that the bonds of the company, to the amount of thirty-thi-ee 
 hundred thousand dollars, authorized by vote of the stockholders, at a meet- 
 ing held the twenty-third day of October, 1871, be Issued as follows : three 
 thousand bonds of the denomination of one thousand dollars each, numbered 
 respectiyely from one to three thousand inclusive ; four hundred bonds of 
 the denomination of five hundred dollars each, numbered respectively from 
 three thousand and one to three thousand four hundred inclusive, and one 
 thousand bonds of the denomination of one hundred dollars each, numbered 
 respectively from three thousand four hundred and one to four thousand 
 four hundred, inclusive, all with semi-annual coupons annexed ; and by vote, 
 authorized the president and treasurer of said company to execute and de- 
 liver a mortgage to secure the same, and nominated and selected Samuel E. 
 
466 • POKTLAJSD AND 06DENSBUEG EAILBOAD. 
 
 Spring, Weston F. MUliken and George F. Emery, all of Portland, to be 
 trustees under said mortgage. 
 
 Now if the said company shall well and truly pay the interest, which shall 
 from time to time accrue, and become payable, upon any and all of the 
 bonds of said company, issued under and In accordance with said rotes, and 
 shall well and truly pay the principal of the same at the maturity thereof, 
 then this deed shall be void ; otherwise shall be, and remain ia full force. 
 
 It is agreed that the said company may continue in possession of, and man- 
 age the railroad and property aforesaid, so long as it shall punctually pay the 
 interest and principal aforesaid, according to the tenor of said bonds, and 
 may from time to time, renew and replace any of the personal properly 
 hereby conveyed, by other property of like character, and situated in like 
 manner for the purposes of said railroad, according to the charter of said 
 company. 
 
 This conveyance is made upon the further trusts and conditions followiing, 
 that is to say : 
 
 First. The said trustees shall certify, and give validity by their certificate 
 to twenty-five hundred thousand dollars, of said bonds in the aggregate, 
 whenever and as fast as the said company may require ; but the remaining 
 eight hundred thousand dollars of said bonds shall be certified, and given 
 validity, by the certificate of said trustees, only as the same may be and are 
 applied to the extinguishment and payment of bonds of said company, 
 issued November 1, A. D. 1870, and secured by mortgage of that part of the 
 railroad of said company, extending from Portland, Maine, to Bartlett, New 
 Hampshire, dated November 1, A. D. 1870, and recorded in Cumberland 
 Registry of Deeds, book 381, page 263. 
 
 Second. Whenever a vacancy shall occur ia the number of trustees hereby 
 appointed, or of their successors, by the death, resignation or permanent dis- 
 ability, or removal from this State, of any one of them, whether before 
 or after his acceptance of the trust hereof, the surviving and remaining 
 trustees shall immediately take measures to prove the fact of such vacancy 
 to the honorable justice of the supreme court of the United States, who may 
 for the time being be allotted to the first judicial circuit, and procure the said 
 justice to nominate and appoint in writing, some suitable person, an inhabi- 
 tant of the State of Maine, to supply such vacancy, and to certify such nom- 
 ination and appointment upon the back of this deed; and the said surviving 
 and remaining trustees shall make such nomination and appointment, known 
 to the directors of said company without unreasonable delay, and any person 
 so appointed, upon his acceptance of said trust shall succeed to and have all 
 the powers of the trustee in whose place he shall be appointed. And as 
 often as any new trustee or trustees hereof shall be appointed, all the estate, 
 property and interest, which shall be for the time being holden upon the 
 trusts hereof, shall thereupon be so conveyed, transferred and assigned by 
 the acting trustee or trustees, as that the same shall rest and be holden jointly 
 by all said trustees, to and for the same trusts, and upon the same conditions, 
 and subject to the same powers and provisions as are herein contained and 
 declared, concerning the premises and the trustees named in this instrument, 
 so far as the same shall then be subsisting, and capable of taking effect. 
 
POBTLAND AND OGDENSBURG RAILROAD. 467 
 
 Third. Whenever the trustees shall have entered upon and taken posses- 
 sion of the property hereby conveyed, for breach of condition, or for the 
 purpose of foreclosure, if, before any foreclosure is consummated, the said 
 company shall have fully satisfied and performed all the conditions for breach 
 of which the entry was made, and paid all the expenses incurred by the 
 trustees under such entry and possession, or tlie same shall have been satisfied 
 and paid out of the income, rents and profits received by said trustees, from 
 working and managing said railroad and other property, the said trustees 
 shall thereupon relinquish to said company all the control of said raih-oad 
 franchise and other property, and any time for which the same shall have 
 been held by said trustees, prior to any such relinquishment shall not be 
 talien or reckoned as affecting or leading to a foreclosure of this mortgage. 
 
 Fourth. Whenever said trustees and their successors shall be in possession 
 of said railroad and other property, they shall ;gi'ant all such reasonable in- 
 spection of their accounts, records and proceedings as may at any time be 
 required by any committee of the directors, or the stockholders of said com- 
 pany. And the said trustees shall in no event be personally liajble for each 
 other, but any one of them is to be accountable and liable only for his own 
 acts, misdoings and neglect. And the said company hereby covenants and 
 agrees, to and with said trustees, that upon the demand of said trustees or 
 their successors, it will make any other and further assurance and convey- 
 ance to said trustees or their successors, of said railroad and other property 
 held and used in connection therewith, as the same shall be from time to time 
 extended, enlarged and completed, so as to make the whole of said railroad, 
 under the charter of said company, and the franchise pertaining thereto, and 
 the other property aforesaid, subject to, and liable for the payment of the 
 bonds, and interest hereinbefore described. 
 
 In witness whereof, the said Portland and Ogdensburg Railroad Company 
 has caused these presents to be subscribed by Samuel J. Anderson, president 
 of said company, and by Horatio N. Jose, its treasurer, and the seal of said 
 company to be hereunto aflSxed, and the said trustees, in testimony of their 
 acceptance of the grants and trusts hereby made, created and declared, have 
 hereunto severally set their hands and seals, this first day of November, in 
 the year of our Lord one thousand eight hundred and seventy-one. 
 
 iSigned, sealed, and delivered 
 in presence of 
 
 James S. Goodwin, 
 
 Nathan Webb. 
 
 Portland and Ogdensburg Railroad Company, 
 
 By SAM. J. ANDENSON, President, [seal.] 
 H. N. JOSE, Treasurer. 
 [seal.] S. E. spring, ) 
 [seal.] W. F. MILLIKEN, V Trustees. 
 [SEAL.] GEO. F. EMERY, ) 
 
 Cumbekland, ss. Novbmbbe 1, A. D., 1871. 
 
 , Personally appeared Samuel J. Anderson, and acknowledged the foregoing 
 instrument to be the ft-ee deed and act of the Portland and Ogdensburg Rail- 
 load Company. Before me, 
 
 Nathan Webb, Justice of the Peace. 
 
468 POKTLAND AND OXFORD CENTRAL RAILROAD. 
 
 Corporators. 
 
 PORTLAND AND OXFORD CENTRAL 
 RAILROAD COMPANY. 
 
 This company was first chartei'ed by the name of the Buckfield Branch 
 Railroad Company, and was operated under that name until 1857, when it 
 was merged in the Portland and Oxford Central Railroad Company. 
 
 The length of the road is twenty-seven and one-half miles. 
 
 LAWS OF 1847, CHAP. 54. 
 An act to establish the Buckfield Branch Railroad Company. 
 
 £e if enacted, <&c. Sect. 1. That Yirgil D. Parris, Wil- 
 liam Bridgham, Samuel F. Brown, Zadoc Long, Aaron Par- 
 sons, James Jewitt, Lucius Loring, Ira Gardiner, Addison G. 
 Cole, Epliraim Attwood, Nathaniel Shaw, Noah Prince, Cyrus 
 H. Coolidge, Zimenes Philbrick, Rodney Chaffin, Artemas T. 
 Cole, Libbeus Allen, Jonathan Buck, Armory H. Allen, 
 America Farrar, Axel Spalding, Zury Kobinson, Jeremiah 
 How, Samuel Hersey, Nathaniel 0. Kyerson, Albert D.White, 
 Sampson E,eed, Edmund Irish, Jr., Richard Hutchinson, 
 George Cobb, Joseph Hutchinson, Thomas Bridgham, Joshua 
 Parsons, Calvin Bridgham, Henry Decoster, Washington Long, 
 and David B. Record, their associates, successors and assigns, 
 be, and they are hereby constituted a body politic and cor- 
 porate, by the naine of the Buckfield Branch Railroad Corn- 
 Name, pa^ny, and by that name shall have all the powers, privileges, 
 tionaMy 1873 '" ^^*^ immunities, and be subject to all the duties and habilities 
 • ch. 344. provided and prescribed respecting railroads in chapter eighty- 
 one of the revised statutes ; may sue and be sued, plead and 
 be impleaded, and shall have and enjoy all proper remedies at 
 law and in equity to secure and protect them in the exercise 
 ipowers. S'li*! ^se of the rights and privileges and powers which are or 
 may be necessary to carry into etfect the purposes and objects of 
 this act as hereinafter set forth. And the said corporation 
 are hereby authorized and empowered to locate, construct and 
 
POETLAITD AlfD OXFORD CENTRAL RAILROAD. 469 
 
 finally complete, alter and keep in repair, a railroad with one 
 or more sets of rails or tracks, with all suitable bridges, 
 viaducts, turnouts, culverts, drains, and all other necessary- 
 appendages, from some point or place near Buckfield Yil- Koute. 
 lags, through the towns of Buckfield, Hebron and Minot, at 
 such place at or near Mechanic Falls, on the Little Andros- 
 coggin river, as will best connect with the Atlantic and Saint 
 Lawrence Railroad now located to that place. Said railroad 
 to be so located and constructed on said route, as the directors 
 of said corporation, in the exercise of their best judgment and 
 discretion, shall judge most favorable and best calculated to 
 promote the public convenience, and carry into effect the in- 
 tentions and purposes of this act. And for the aforementioned 
 purposes said corporation shall have the right to purchase, or ™*y *^^^ ^*°''- 
 to take and hold so much of the land and other real estate of 
 private persons and corporations as may be necessary for the lo- 
 cation, construction and convenient operation of said 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 ; provided, however, that said land so taken shall 
 not exceed six rods in width, except where greater width is Six rods wide. 
 iftieeBsary 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 upon; and in case said parties shall not otherwise agree, 
 then said corporation shall pay such damages as shall be ascer- Damages, 
 tained 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 limita- 
 tions as are by law provided in the case of damages by the 
 laying out of highways. And the land so taken by said corpo- 
 ration shall be held as lands taken and appropriated for public 
 highways. And no application to said commissioners to esti- commissioners, 
 mate said damages shall be sustained unless made within three 
 years from the time of taking such land or other property ; 
 and in case such railroad shall pass through any woodlands or 
 
470 
 
 PORTLAND AND OXFORD CENTRAL RAILROAD. 
 
 Capital. 
 
 Amended 1849, 
 chap. 263. 
 Amended 1850, 
 chap, 411. 
 
 Officers. 
 
 Subscription. 
 
 Notice. 
 
 First meeting. 
 
 forests, the said company shall have the right to fell or remove 
 any trees standing therein within four rods of such road, 
 which by their liabilities to be blown down, or from their 
 natural falling, might obstruct, or impair said railroad, by pay- 
 ing a just compensation therefor, to be recovered in the same 
 manner as is provided for the recovery of other damages in 
 this act. 
 
 Sect. 2. The capital stock of said corporation shall consist of 
 not less than five hundred nor more than two thousand shares; 
 and the immediate government and direction of the affairs of 
 said corporation shall be vested in nine, eleven or thirteen direc- 
 tors, 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 
 transaction of business ; and they shall elect one of their num- 
 ber to be president of the board, wlio shall also be presi- 
 dent of the corporation, and shall have authority to choose 
 a clerk who shall be sworn to the faithful discharge of his 
 duty ; and a treasurer, wlio shall be sworn, and also give bonds 
 to the corporation with sureties to the satisfaction of the 
 directors in a sum not less than five thousand dollars, for the 
 faithful discharge of his trust. And for the purpose of receiv- 
 ing 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 as they may determine, in the towns of Buck- 
 field an9 Minot, and the city of Portland, and elsewhere, as 
 they shall appoint, to remain open for ten successive days, of 
 which time and place of subscription public notice shall be given 
 in some one or more newspapers, printed in the county of Ox- 
 ford, and in the city of Portland, in the county of Cumberland, 
 ten days at least before the opening of such subscription; and 
 any seven of the persons named in the fij^st section of this act 
 are hereby authorized to call the first meeting of the said cor- 
 poration for the choice of directors and organization, by giv- 
 ing notice in one or more newspapers published as above 
 named, of the time and place, and the purposes of such meet- 
 ing, at least fourteen days before the time mentioned in such 
 notice. 
 
• POETLAND AND OXFORD CENTRAL RAILROAD. 471 
 
 Sect. 3. When said corporation shall take any land or other 
 estate as aforesaid of any infant, person non compos mentis, p ™(,Xnon- 
 or feme covert whose husband is under guardianship, the guar- compos, &c. 
 dian of such infant or person non coin'pos 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 es'tate as aforesaid, and give good and vahd releases and 
 discharges therefor. 
 
 Sect. 4. The president and directors for the time being are powers of 
 hereby authorized and empowered, by themselves or their •'®'=«™- 
 agents, to exercise all the powers herein granted to the corpo- 
 ration for the purpose of locating, constructing, and com- 
 pleting said railroad, and for the transportation of persons, 
 goods, and property of all descriptions, and all such powers 
 and authority for the management of the affairs of the corpo- 
 ration as may be necessary and proper to carry into effect 
 tiie 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 transpor- 
 tation of persons, goods, and property of all descriptions, to 
 nlake 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 the 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 Notice of. 
 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 by-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 
 subscriber, or stockholder shall be held accountable to the 
 corporation for the balance, if his share or shares shall sell 
 lor less than the assessments due thereon with the interest 
 and costs of sale, and shall be entitled to the surplus, if his 
 share or shares shall sell for more than the assessments due. 
 
472 
 
 POETLAND AND OXFORD CENTRAL RAILROAD. 
 
 Ton. 
 
 Connections 
 with other 
 roads. 
 
 Private ways, 
 Ssc, not to he 
 obstructed. 
 
 with interest and costs of sale; provided, however, that no 
 assessment shall be laid upon any shares in said corporation 
 of a greater amount in the whole than one hundred dollars. 
 
 Sect. 5. A toll is hereby granted and established for the 
 sole benefit of said corporation, upon all passengers and prop- 
 erty of all descriptions which may be conveyed or transported 
 by them upon said road, at such rate 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 
 weights of loads, and all other matters and things in relation 
 to said road shall be in conformity with such rules, regula- 
 tions and provisions as the directors shall from time to time 
 prescribe and direct. 
 
 Sect. 6. The legislature may authorize any other company 
 or companies to connect any other railroad or railroads with 
 the railroad of said corporation, at any points on the route of 
 said railroad. And said corporation shall receive and transport 
 all persons, 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 con 
 nected therewith, at the same rates of toll and freight as may 
 be prescribed by said corporation, so that the rates of freight 
 and toll of such passengers, goods and other property as 
 may be received from such other railroads so connected with 
 said railroad as aforesaid, shall not exceed the general rates of 
 freight and toll on said railroad, received for freight and pas- 
 sengers at any of the deposits of said corporation. 
 
 Sect. 7. If any 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, raih'oad, or other highway, the said railroad 
 shall be so constructed as not to obstruct the safe and convenient 
 use of such canal or highway; and the said corporation shall 
 have power to raise or lower such highway or private way, so 
 that said railroad, if necessary, may conveniently pass under 
 or over the same, and erect such gate or gates thereon as 
 
Fences. 
 
 To carry U. S. 
 mail. 
 
 PORTLAND AND OxrOED CENTRAI; EAILKOAD. 473 
 
 may be necessary for the safety of travellers on said railroad, 
 highway or private way, and shall keep all bridges and em- 
 bankments necessary for the same in good repair. 
 
 Sect. 8. Said railroad corporation shall erect and maintain 
 substantial, legal and sufficient fences on each side of the land 
 taken by them for their railroad, when the same passes through 
 enclosed or improved lands, or lands that may be hereafter 
 improved. 
 
 Sect. 9. The said corporation shall at all times, when 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 road as required, for a fair and reasonable compensa- 
 tion. And in ease the corporation and the postmaster general 
 shall be unable to agree upon the compensation aforesaid, the 
 legislature of the State shall determine the same; and said 
 'corporation, after they shall commence the receiving of tolls, 
 shall be bound at all times to have said railroad in good repair, 
 and a suflB.cient 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 toUs therefor shall be paid or tendered ; 
 and a lien is hereby created on all articles transported for said 
 tolls. 
 
 Sect. 10. If any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of any car- 
 riages on said railroad, or in any way spoil, injure or destroy 
 said railroad, or any part thereof, or anything belonging 
 thereto, or any materials 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 tres- 
 pass, 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 corporation. And such 
 offender or offenders shall be liable to indictment by the 
 grand jury of the county within which said trespass shall have 
 30 
 
 Malicious mig- 
 chieftoroad. 
 
474 
 
 PORTLASTD AND OXFORD CENTRAL KAILROAD. 
 
 Extension of 
 cbaiter. 
 
 To keep books 
 of account. 
 
 Taxes. 
 
 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 five 
 hundred dollars to the use of the State, or may be imprisoned 
 for a term not exceeding five years, at the discretion of the 
 court before whom such conviction may be had. 
 
 Sect. 11. Said corporation shall be and is hereby invested 
 with power and authority to continue and prolong said rail- 
 road in a north or northeasterly direction to the Androscoggin 
 river at some point at or near the town of Canton. 
 
 Sect. 12. Said corporation shall keep, in a book for that 
 purpose, a regular account of all their disbursements, expendi- 
 tures and receipts, 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, and 
 at the expiration of every year the treasurer of said corpora- 
 tion shall make an exhibit, under oath, to the legislature, of 
 the net profits derived from the income of said railroad. 
 
 Sect. 13. All real estate purchased by said corporation for 
 the use of the same under the fourth section of this act, shall 
 be taxable to said corporation by the several towns and plan- 
 tations in which said lands lie, in the same manner as lands 
 owned by private persons, and shall in the valuation list, be 
 estimated the same as the other real estate of the same quahty 
 in such towns or plantations, and not otherwise; and the 
 shares owned by the respective stockholders, shall be deemed 
 personal estate, and be taxable as such to the owners thereof 
 in the places where they reside and have their home. And 
 whenever the net income of said corporation shall have 
 amounted to twelve per centum per annum upon the cost of the 
 road and its appendages and incidental expenses, the directors 
 shall make k special report of the fact to the legislature, from 
 and after which time one moiety, or such other portion as the 
 legislature may from time to time determine, of the net income 
 from said railroad, accruing thereafter over and above twelve 
 per centum per annum first to be paid to the stockholders, 
 shall annually be paid over by the treasurer of said corpora- 
 tion as a tax into the treasury of the State, for the use of the 
 
P0KTLA2TD ANB OXFORD CENTRAL RAILROAD. 475 
 
 State ; and the State may have and maintain an action against 
 said corporation therefor, to recover the same. But no other 
 tax than herein is provided shall ever be levied or assessed 
 on said corporation or any of their privileges or franchises. 
 
 Sect. 14. The annual meeting of the members of said cor- 
 poration shall be holden on the first Saturday of September, or i^g. 
 Buch other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall ap- 
 point; at which meeting the directors shall be chosen by ballot, 
 each proprietor by himself or proxy being entitled to as many 
 votes as he holds shares; and the directors are hereby author- 
 ized 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. 15. The legislature shall at all times have the right to power of legis- 
 inquire into the doings of the corporation and into the man- la'"^*- 
 ner iu which the privileges and franchises herein and hereby 
 granted, may have been used and employed by said corpora- 
 tion, and to correct and prevent all abuses of the same, and to 
 pass any laws imposing fines and penalties upon such corpora- 
 tion which may be necessary, more effectually to compel a 
 .compliance with the provisions, liabilities and duties herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabilities or obligations. 
 
 Sect. 16. If said corporation shall not have been organ- 
 ized, and the location according to actual survey of the route Time of locat- 
 
 ni J . , , . , ing and organ- 
 
 nlett With the county commissioners ot the counties through izing. 
 which the same shall pass, on or before the first day of No- 
 vember, in the year of our Lord eighteen hundred and fifty- 
 two, or if the said corporation shall fail to complete said 
 railroad on or before the first day of November, in the year 
 of our Lord one thousand eight hundred and fifty-seven, 
 m either of the above mentioned cases, this act shall be null 
 and void. Apjproved July 22, 1847. 
 
476 
 
 PORTLAND AND OXFORD CENTRAL RAILROAD. 
 
 Increase of cap- 
 ital stock. 
 
 LAWS OF 1849, CHAP. 263. 
 
 An act to increase the capital stock of the Buckfield Branch Railroad 
 
 Company. 
 
 JBe it enacted, c&c. That the Buckfield Bi'anch RaHroad 
 Company are hereby authorized to increase the capital stock 
 of said company one hundred and fifty thousand dollars in 
 addition to its present capital, to be divided into shares in the 
 manner provided by law. Approved August 7, 1849. 
 
 Amendment. 
 
 LAWS OF 1850, CHAP. 411. 
 
 An act to amend chapter fifty-four of the special laws of eighteen hundred 
 and forty-seven. 
 
 £e it enacted, c&c. The second section of chapter fifty-four of 
 the special laws of eighteen hundred and forty-seven is hereby 
 amended in the fourth line by striking out the words, nine, 
 eleven and thirteen, and inserting the words, five, seven and 
 nine. Approved August 29, 1850. 
 
 Time to redeem 
 land taken on 
 execution ex- 
 tended. 
 
 Amended Xg52, 
 chap. 639. 
 
 Creditor shall 
 reconvey. 
 
 Penalty for 
 fiiilure. 
 
 LAWS OF 1852, CHAP. 536. 
 
 An act giving further time to redeem lands taken on execution igainst 
 the Buckfield Branch Railroad Company. 
 
 J5e it enacted, c&c. Sect. 1. Any person whose lands have 
 been taken and set off on execution, issued upon any judgment 
 against the Buckfield Branch Railroad Company, a corpora- 
 tion created by the laws of this State, may redeem the same 
 at any time within three years after the levy, by paying or 
 tendering to the creditor the sum at which said lands were 
 appraised, and interest thereon from the time of the levy, after 
 deducting the rents and profits, if any, received by the creditor, 
 and the creditor shall thereupon, by deed, prepared at the ex- 
 pense of the debtor within ten days next following, release to 
 said debtor all his right, title and interest in and to said lands 
 so levied on; and if the creditor shall fail or neglect to 
 execute said deed as aforesaid, he shall forfeit forever all claim 
 to said lands by virtue of said levy. 
 
PORTLAND AND OXFORD CENTEAL RAILROAD. 477 
 
 Sect. 2. This act shall take effect and be in force from and 
 after its approval by the governor. Approved March 27, 
 1852. 
 
 LAWS OF 1852, CHAP. 639. 
 
 An act to repeal an act giving further time to redeem lands taken on, 
 execution against the Biiokfleld Branch Railroad Company. 
 
 Be it enacted, (&c. Sect. 1. An act giving further time to 
 redeem lands taken on execution against the Buckfield Branch Time of re- 
 
 demption ex- 
 
 Kailroad Company, approved March twenty-seventh, one thou- tended, 
 sand eight hundred and fifty-two, is hereby repealed. 
 
 Sect. 2. This act shall take effect and be in force from and 
 after its approval by the governor. Approved April 24, 
 1852. 
 
 LAWS OF 1857, CHAP. 122. 
 An act to establish the Portland and Oxford Central Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. Ebenezer Cobb, David Dunn, 
 Lucius Loring, YirgiL D. Parris, Sampson Heed, John Hear- corporators. 
 Bay, Benjamin Swasey, Ephraim Atwood, Thomas Gary, 
 Thomas Hancock, William Small, Jr., George Bridgham, Jr., 
 John Hancock, Henry Pennell, and Francis O. J. Smith, 
 their associates, successors and assigns, are hereby made and 
 constituted a body politic and corporate, by the name of the 
 Portland and Oxford Central Railroad Company, and by that corporate 
 name shall have and enjoy all the rights, privileges and pow- ^^«- 
 ers, and be subject to all the obligations enumerated in chap- E«peaieci con- 
 
 *" . ° . '^ ditjonally 1873, 
 
 ter eighty-one of the revised statutes, and in the several acts chap. 344. 
 subsequently passed relating to railroads and railroad com- 
 panies within this State, not inconsistent with the provisions 
 of this act. 
 Sect. 2. Said corporation are hereby authorized and empow- 
 
 Ji.1 Tf>m Ti Location of 
 
 erea to locate, construct and linally complete, alter and keep road. 
 
 in repair, a railroad, with one or more sets of rails, or tracks, 
 
 with all suitable bridges, tunnels, viaducts, turnouts, culverts, fZl^tm.^^'"'' 
 
 drains, and all other necessary appendages, from some point 
 
 in the city of Portland, or of junction with the York and 
 
478 
 
 PORTLAND AND OXFORD CENTRAL EAILKOAD. 
 
 Proviso. 
 
 Powers, priTi- 
 leges, &c. ' 
 
 Proviso. 
 
 Kight of way 
 upon certain 
 railroads. 
 
 Cumberland railroad, or with the Kennebec and Portland 
 railroad, and extending thence upon the most eligible line 
 through Westbrook, Falmouth, Cumberland, Gray, New Glou- 
 cester and Poland, to a junction with the Buckfield Branch 
 raih'oad in Minot ; provided, that the aforesaid location within 
 said city, and from said city to the junction of the York and 
 Cumberland and Kennebec and Portland railroads, at or near 
 Morrell's Corner, so called, in "Westbrook, if made or extended 
 through any lands belonging in whole or in part to the heirs 
 of the late James Deering, of said "Westbrook, shall be con- 
 fined within the located limits of the York and Cumberland 
 and Kennebec and Portland railroads, as now made and used 
 through said lands between the points aforesaid, and shall not 
 interfere with the road of any company as now located, with- 
 out the consent of such company. And said corporation shall 
 be, and hereby are invested 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 herein set forth. 
 And for this purpose, said corporation shall have the right to 
 purchase, or to take and hold under and subject to, and in the 
 manner provided by existing laws regulating the taking and 
 holding of lands for the purposes of railroads, so much of the 
 land and other real estate of private persons and corporations 
 as may be necessary for the location, construction and con- 
 venient operation of said railroad ; provided, however, that 
 said land so taken shall not exceed six rods in width, except 
 where greater width is necessary for the purpose of excavation 
 or embankment; and said corporation is hereby empowered to 
 negotiate with the York and Cumberland Railroad Company 
 from said point of junction, and with the Kennebec and Portland 
 Railroad Company from such point of junction therewith, by 
 lease, purchase or otherwise, for a permanent right of way 
 upon the track or within the limits of said last named roads, 
 to the city of Portland, with aU the rights and privileges that 
 shall be thereby made incident thereto, for the purposes of 
 the corporation hereby created. And in case such railroads 
 shall pass through any woodlands or forests, the said company 
 shall have the right to fell or remove any trees standing thcffP- 
 
rOKTLAND AND OXFORD CENTRAL RAILROAD. 479 
 
 in. within four rods from such road, which by their liability K'gMto feu or 
 
 '"' T J .1 remove trees. 
 
 to be blown down, or from their natural falling might obstruct 
 or impair said railroad, by paying a just compensation there- compensation, 
 for, to be recovered and paid for in the same manner as is '"'^ recorerea. 
 provided for the recovery of other damages in the acts afore- 
 said. 
 
 Sect. 3. The capital stock of said corporation shall consist u i * k 
 of sixteen thousand shares of fifty dollars each, as the same and shares, 
 shall from time to time be authorized by the stockholders of 
 said corporation, to be issued, not exceeding in the aggregate 
 for the purposes of construction, the ratio of twenty thousand 
 dollars per mile of the length of railroad hereby authorized. 
 And the immediate government and direction of the affairs of „. ^ 
 
 ° . _ Directors. 
 
 said corporation, shall be vested in five or seven directors, who 
 shall be chosen by the members of said corporation in the 
 manner hereinafter provided, and subject to their direction ; 
 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 transaction of business; and they 
 shall elect one of their number to be president of the board, ^"'"'*''*- 
 Tyho 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, and a treasurer, who shall be sworn. Treasurer, 
 and also give bonds to the corporation, with sureties, to the 
 fiatisfaction of the directors, for the faithful discharge of his 
 trust. 
 Sect. 4. Any three of the persons named in the first section 
 
 J? .1 • IT 1.1 11 1 ^ . <. Krst meeting, 
 
 01 this act, are hereby authorized to call the nrst meeting of how called, 
 said corporation, by giving notice in one or more newspapers, 
 pubhshed in the city of Portland, of the time and place, and 
 the purposes of such meeting, ten days before the tipie men- 
 tioned in such notice. 
 
 Sect. 5. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations, consistent 
 with the constitution and the laws of this State, for their own 
 government, and for the due and orderly conducting of their 
 aifairs, and the management of their property; and to create Bonds, 
 bonds for the payment of any needful indebtedness of the com- 
 
480 
 
 PORTLAJS^D AKD OXFORD CENTRAL RAILROAD. 
 
 All property 
 deemed real 
 estate. 
 
 Powers vested 
 
 pany, secured by mortgages of the franchise, and other prop- 
 erty of the company, with all the privileges of redemption 
 incident to mortgaged real estate, and not otherwise. And 
 for all the purposes of such mortgages, all property of said 
 corporation shall be deemed and treated as real estate exclu- 
 sively. 
 
 Sect. 6. The president and directors, for the time being, 
 in the president Under the direction of tlie stockholders, are hereby authorized 
 an ec rs. ^^^ 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 railroad, and for 
 the transportation of persons, goods and property of all descrip- 
 tions, and all such power and authority for the management 
 of the aifairs of the corporation as may be necessary and proper to 
 carry into eifect the objects of ihis 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 descrip- 
 tions; 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 the progress of the work, 
 and direct the same to be paid to the treasurer of the corpora- 
 tion; and the treasurer shall give notice of all such assess- 
 ments ; and in case any subscriber or stockholder shall neglect ; 
 to pay any assessments on his share or shares, for the space of 
 thirty days after such notice is given as shall be prescribed by 
 the by-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 pur- 
 chaser, and such delinquent subscriber or stockholder shall be ^ 
 held accountable to the corporation for the balance, if his 
 share or sliares shall sell for less than the assessments due 
 thereon, with the interest and cost of sale ; provided, however, 
 that no assessments shall be laid upon any shares in said cor- 
 poration of a greater amount in the whole than fifty dollars. 
 
 Sect. 7. A toll is hereby granted and established for the 
 sole benefit of said corporation, upon all passengers, and prop- 
 
 Duty of treas- 
 urer if assess- 
 ments are not 
 paid. 
 
 Proviso. 
 
 Toll granted. 
 
PORTLAND AKD OXFORD CENTRAL RAILROAD. 481 
 
 erty of all descriptions, which may be conveyed or transported 
 by them upon said road, at such rate as may be agreed upon. Rate, how 
 and established, from time to time, by the directors of said 
 corporation. The transportation of persons and property, the Transportation, 
 construction of wheels, the forms of cars and carriages, the *'=■ 
 weights of loads, and all other matters and things in relation 
 
 how rsffU" 
 
 to said road, shall be in conformity with such rules, regula- iat«d. 
 tions and provisions as the directors shall from time to time 
 direct. 
 
 Sect. 8. The said corporation shall at all times, when the jj ;, ^j „ 
 postmaster general shall require it, be holden to transport transportation 
 the mail of the United States from and to such place or places 
 on said road as required, for a fair and reasonable compensa- 
 tion. And in case the corporation and the postmaster general 
 shall be unable to agree upon the compensation aforesaid, compensation, 
 the legislature of the State shall determine the same. And ^"^ determined 
 
 o , in case of disa- 
 
 said corporation, after they shall commence the receiving of greement. 
 
 tolls, shall be bound at all times to have said railroad in good 
 
 repair, and a sufficient number of suitable engines, carriages ^oaaTeJ^i^ 
 
 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 toUs therefor shall be ~*° transport 
 
 " ' ri. L persons and 
 
 paid and tendered, and a lien is hereby created on all articles property, 
 'transported for said tolls. And the said corporation fulfilling 
 on its part, all and singular, the several obligations and duties 
 by this section imposed and enioined upon it, shall not be held 
 
 r ■) r 7 j^o engine, &c., 
 
 or bound to allow, without its consent by lease or othervpise, to pass over 
 any engine, locomotive, cars, carriages or other vehicles, for ^^' ™'"'" 
 the transportation of persons or merchandise to pass over said 
 railroad, other than its own, furnished and provided for that 
 purpose, as herein enjoined and required; provided, however, Proviso, 
 that said eoi-poration shall be under obligations to transport, 
 or may contract for the transport over said road, in connec- 
 tion with their own trains or otherwise, the passenger and 
 ■other cars of any other incorporated company having a rail- 
 road connecting with that hereby authorized. Such other 
 company being subject to all the provisions of the seventh sec- 
 tion of this act, as to rates of toll and all other particulars 
 enumerated in said section. 
 
482 
 
 PORTLAND AND OXFORD CENTRAL RAILROAD. 
 
 Annual meet- 
 ing. 
 
 Directors, 
 choice of. 
 
 Special meet- 
 ings. 
 
 'Failure to elect 
 directors, 
 meeting to be 
 acUonmed. 
 
 Director hold- 
 ing over. 
 
 Buckfield 
 Branch Rail- 
 road, purchase 
 of. 
 
 16 Me. 69. 
 
 —to become 
 part of Portland 
 and Oxford 
 Central Rail- 
 road, 
 
 Charters of said 
 railroads, 
 operations of. 
 
 Sect. 9. The annual meeting of the members of said corpo- 
 ration shall be holden on such day as shall be determined by 
 the by-laws, and at such hour and place as the directors, for 
 the time being, shall appoint ; at which meeting the directors 
 shall be chosen by ballot, each stockholder, by himself or 
 proxy, being entitl ed to as many votes as he holds shares ; 
 and the directors are hereby authorized to call special meet- 
 ings of the stockholders whenever they shall deem it expedient 
 and proper, giving such notice as the corporation by theii* by 
 laws shall direct. And in case of a failure, from any cause, to 
 elect a board of directors on the day so appointed for the annual 
 meeting, the said meeting shall be adjourned from day to day until 
 such election shall have been effected, and a new board organ- 
 ized to act. And no director, holding over his official term of 
 one year, shall perform any other acts for the corporation except 
 such as shall be requisite to preserve the interests of the com- 
 pany, until a new board of directors shall have been organized. 
 
 Sect. 10. It shall be competent for said corporation to pur- 
 chase, on such terms as the parties shall mutually stipulate, 
 the franchise and aU the property, real and personal, road, 
 roadbed, track, depots, buildings and equipments, pertaining 
 to and constituting the Buckfield Branch B.ailroad, with all 
 the privileges, rights of way, and other immunities whatso- 
 ever, pertaining to said last named road, and held under and 
 by virtue of the charter therefor, and for this purpose propor- 
 tionably to increase the capital stock of the corporation here- 
 by authorized, to an extent requisite to represent the value of 
 such purchase, and to add certificates of shares accordingly to 
 the number otherwise authorized by this act. And from and 
 after such purchase, and a transfer of said franchise and prop- 
 erty, by the owners thereof, said Buckfield Branch Railroad 
 shall merge in and become a part of the Portland and Oxford 
 Central Railroad, and be subject to all the liabilities, and 
 entitled to all the privileges, rights and immunities of the 
 other property of said Portland and Oxford Central Railroad 
 Company ; and the charter hereby granted shall in such case 
 be and operate in all the powers, rights and privileges herein 
 described, co- extensively with the line of road herein first 
 
PORTLAND AND OXFORD CKNTRAL RAILROAD. 483 
 
 described, and the line heretofore embraced by the act incor- 
 porating f?aid Buckfield Branch Eailroad Company, and the 
 last named company shall thereupon cease, except for the pur- 
 poses of preserving the rights of the creditors thereof, none of rights of.'pre- 
 whiqh rights shall be limited, enlarged, changed or annulled, ^''f^^'J- 
 by anything herein contained or provided. 
 
 Sect. 11. The legislature shall at all times have the right Kigiit„f tjjg 
 to inquire into the doings of the corporation, and into the man- legislature to 
 
 1.11 • .1 1 <■ I ■ 1 . 11 1 inquire into the 
 
 ner m which the privileges and trancnisos herein and hereby doinga of eaiij 
 granted may liave been used and employed by said corpora- ^■'P^ation, 
 tion, and to correct and prevent all abuses of the same, and to 
 pass any laws imposing fines and penalties upon said corpora- 
 tion which may be necessary, more effectually to compel a 
 comphance with the provisions, liabilities and duties herein 
 before set forth and enjoined, but not to impose any other or 
 farther duties, liabilities or obligations. And this charter 
 shall not be revoked, annulled, altered, limited or restrained, cation of. 
 "without the consent of the corporation, except by due process 
 of law. 
 
 Sect. 12. The building of said railroad shall not be com- 
 naenced until a bona fide and responsible subscription to the raUroaS^when'' 
 .capital stock of said company is obtained, to an amount at to be com- 
 least equal to fifty per cent, of the engineer's estimate of the 
 whole cost of said railroad from Portland to Mechanic Falls, 
 exclusive of any subscription to be paid for by the transfer 
 of any other railroad to said company. If said company shall 
 commence building said railroad before such subscription is 
 obtained, they shall have no benefit from the provisions of 
 this act. 
 Sect. 13. If the said corporation shall not have been organ- 
 
 .,,,,. ni Timeofloca- 
 
 izea, and the location, according to actual survey of the route, tion and com- 
 filed with the county commissioners of the counties respec- f ^''"' °' ™* 
 tively in which the same may be located on or before the Amended ises, 
 thirty-first day of December, in the year of our Lord one thou- "^^'^^ '^• 
 sand eight hundred and sixty ; or if the said corporation shall 
 fail to complete said railroad to the extent of its rights under 
 this charter, on or before the thirty-first day of December, in ' 
 
 the year of our Lord one thousand eight hundred and sixty- 
 
484 
 
 PORTLAND AND OXFORD CENTRAL RAILROAD. 
 
 Stockholders 
 exempt from 
 the operation of 
 certain laws. 
 Stock and 
 interest liable 
 to seizure, &o., 
 for dehts. 
 
 — remedy of 
 stockholder 
 whose stock 
 shall be sold. 
 
 eight, in either of the above mnentioned cases this act shall be 
 null and void for so much of the said line or route as shall, at 
 said time, remain unfinished. 
 
 Sect. 14. The stockholders of said corporation shall be 
 exempt from the operation of the provisions of sections eigh- 
 teen, nineteen, and twenty, of chapter seventy-six of the 
 revised statutes, and all provisions auxiliary thereto; bat the 
 stock, and interest in the stock of said corporation, of each 
 member thereof, shall be liable to seizure and sale, and trans- 
 fer, in the same manner as for such stockholder's individual 
 debt, upon execution duly recovered against said corporation, 
 whenever the ofiicer holding such execution shall first ascer- 
 tain and certify upon such execution, that he cannot find cor- 
 porate property or estate wherewith to satisfy the same; and 
 each stockholder whose stock shall be so seized and sold for 
 the debt of the corporation, shall have the same remedy for 
 the amount thereof by contribution against other members of 
 said corporation, as is contemplated in the twenty-second sec- 
 tion of the aforesaid chapter of the revised statutes. A]^- 
 proved April 15, 1857. 
 
 LAWS OF 1868, CHAP. 620. 
 
 An act to extend the time for building and completing the Portland and 
 Oxford Central Railroad. 
 
 Extended to 
 JDec. 31, 1873. 
 
 Be it enacted, <&c. Sect. 1. The time for building and 
 completing the Portland and Oxford Central Railroad, is here- 
 by extended to December thirty-first, anno domini eighteen 
 hundred and seventy- three. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved March 6, 1868. 
 
 LAWS OF 1870, CHAP. 454. 
 
 An act additional to the acts which constitute the charter of the Portland 
 and Oxford Central Railroad Company. 
 
 The foUoAving sections are additional to the acts which con- 
 stitute the charter of the Portland and Oxford Central Eail- 
 road Company: 
 
PORTLAND AND OXFORD CENTRAL RAILROAD. 485 
 
 Be it enacted, <&c. Sect. 1. The said company is empow- 
 ered, upon land it stall have acquired in the mode prescribed fo^^tj^o"^,*? 
 in the acts to which this is additional, to construct a railroad, road jtom can- 
 with one or more sets of rails, extending from Canton mills Rumford fails, 
 on the line' of its present location, along the southerly side of 
 the Androscoggin river through the towns of Canton and 
 Peru, (or across the said Androscoggin river through the town 
 of Mexico,) to Rumford falls in the town of Rumford. 
 
 Sect. 2. In relation to this authorized road, the company is „. , , 
 
 ,1 ' r J KigMs, privi- 
 
 hereby ve sted in all respects with the same rights, privileges leges and uabu- 
 and immunities, and made subject in all respects to the same 
 obligations and liabilities that were attached to it in relation 
 to its existing road, either by the general railroad act, (chap- 
 ter fifty-one of the revised statutes,) or by the acts to which 
 this is additional. 
 Sect. 3. Two years after the passage of this act are allowed Location and 
 
 i o construction, 
 
 the company in which to locate said road, and five years to time allowed 
 
 construct the same. **"' 
 
 Sect. 4. The legislature shall at all times have the right to pojngg of ^^, 
 
 < inquire into the manner in which the privileges and franchises poration may 
 
 ^ ° be inquired into 
 
 . herein and hereby granted, may have been used and employed by legislature, 
 by said corporation, and to correct and prevent all abuses of 
 the same, and to pass any laws imposing fines and penalties 
 upon said corporation. which may be necessary, more efifectual- 
 ly to compel a compliance with the provisions, liabilities and 
 duties herein set forth and enjoined, and subject to the general 
 laws regulating railroads now upon the statute book, or which 
 may hereafter be passed by the legislature of this State. Ap- 
 proved March 10, 1870. 
 
 LAWS OF 1873, CHAP. 344. 
 
 An act imposing a penalty on the Portland and Oxford Central Railroad 
 Corporation for abuses of its privileges and franchises. 
 
 Be it enacted, c&c. Sect. 1. The charter of the Portland 
 and Oxford Central Railroad Corporation, by reason of mani- n^e'* 
 test abuses of the rights, privileges and duties, therein and 
 thereby conferred and enjoined, and on account of public 
 
486 
 
 PORTLAND AND ROCHESTER RAILROAD. 
 
 Charter 
 revoked. 
 
 Proviao. 
 
 ProvlsionB of 
 tbia act to be 
 suapended 
 under certain 
 eondltions. 
 
 necessity and convenience, is hereby revoked and annulled, and 
 all the rights, privileges, and franchises therein and thereby 
 granted by virtue of said charter, are hereby declared forfeited 
 to the State ; provided, that if the owners or managers of said 
 railroad corporation shall, on or before the first day of August, 
 eighteen hundred and seventy-three, file in the office of the 
 secretary of State, a certificate of the railroad commissioners 
 of Maine, certifying therein, that said railroad has been put 
 in good repair and condition, from Mechanic Falls to Canton 
 Mills, that good and sufficient equipments have been put upon 
 the same, and that trains for the accommodation of freight and 
 passengers are daily run and operated thereon, then the pro- 
 visions of this act shall be suspended until the second Wednes- 
 day of January, one thousand eight hundred and seventy-fonr. 
 Sect. 2. This act shall take efi'ect the first day of August, 
 eighteen hundred and seventy-three. Approved February 
 21, 1873. 
 
 Corporatota. 
 
 PORTLAND AND ROCHESTER RAILROAD 
 COMPANY. 
 
 TMs road has been completed to Rochester, N. H., and regular traiM 
 commenced rvmning through upon it 31st of July, 1871. 
 It is fifty-two and one-half miles in length. 
 
 LAWS OF 1846, CHAP. 369. 
 An act to establish the York and Cumberland Railroad Company. 
 
 Be it enacted, (&c. Sect. 1. That WiUiam C. Allen, 
 Benjamin J. Herrick, James Thomas, Nathan D. Appleton, 
 Joseph Emerson, Israel Chadbourne, Nathan Dane, John T. 
 Paine, John Storer, John Powers, Kufus Mclntire, Nathan 
 Clifford, John Jameson, Moses McDonald, Moses Dunn, Miles 
 "W. Stewart, Nathaniel J. Miller, Ellis B. Usher, Daniel 
 
PORTLAND AND KOCHESTER RAELEOAD. 487 
 
 Appleton, Isaac Deering, James Leavitt, Jere. Roberts, Jr., 
 
 James Irish, Toppan Eiobie, Josiali Pierce, Dominicus Jordan, 
 
 Daniel C. Emery, Brice M. Edwards, Dan Carpenter, Noah 
 
 Nason, David Noyes, Williana G. Chadbourne, William Swan, 
 
 Alvah Conant, Luther Dana, George F. Shepley, and Thomas 
 
 Hammond, their associates, successors, and assigns, are her<3by 
 
 made and constituted a body politic and corporate, by the 
 
 name of the York and Cumberland Railroad Company, and corporate 
 
 by that name may sue and be sued, plead and be impleaded, riame. 
 
 and shall have and may enjoy all proper remedies at law and 
 
 inequity, to secure and protect them in the exercise and use 
 
 of the rights and privileges, and in the performance of the 
 
 daties hereinafter granted and enjoined, and to prevent all 
 
 ittvasions thereof, or interruption in exercising and performing 
 
 tHe same. 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 sets of 
 
 rails or tracks, with all suitable bridges, tunnels, viaducts, Eoute. 
 
 turnouts, culverts, drains and all other necessary appendages, Amended: 
 
 „ . , . , . ,.-r» , /. 1 1848, chap. 108 
 
 irom some point or place m the city oi Portland m the county 1862, chap. 547 
 of Cumberland, through the villages of Saccarappa in the iggg g^^'Ji" 
 town of "Westbrook, and of Gorham ; thence into the county I868, chap. 531 
 of York, through the towns of Buxton, Hollis, and Water- and 625 • 
 borough to Alfred village ; and thence through the towns of ^^''^' "'^p- ^^• 
 , Sianford, North Berwick, and Berwick, to some point or place 
 in South Berwick or Berwick, where it will best connect with 
 a railroad leading to Boston, and said corporation is hereby 
 anthorized to connect their said road with the Boston and 
 Maine Railroad, in accordance with the provisions of law, and 
 not inconsistent with the chartered rights of said last named 
 railroad company ; provided, that the said railroad shall not, 
 without the consent of the city council of the city of Portland, 
 be located or constructed across Green street in said city; nor ^"p^jjf. ^^*' 
 without such consent, shall the track and terminus of said 
 railroad, at any place east of Green street, be located more 
 than one hundred and fifty feet from the present high water 
 mark. And said corporation shall be and hereby are invested 
 With all the powers, privileges, and immunities, which are or 
 
488 
 
 PORTLAND AND ROCHESTER EAILEOAD. 
 
 Powers. 
 
 May take land. 
 
 Width of road. 
 
 Proviso. 
 
 Damages. 
 
 May fell trees 
 within four 
 rods. 
 
 may be necessary to carry into effect the purposes and objects 
 of this act as herein set forth ; and for this purpose said cor- 
 poration shall have the right to purchase, or to take and hold, 
 so much of the laud and other real estate of private persons 
 and corporations, as may be necessary for the location, con- 
 struction, and convenient operation of said railroad ; and that 
 they shall also have the right to take and use for the construc- 
 tion and repair of said railroad 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 six 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, estates, 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, the said corporation shall pay such damages as shall be 
 ascertained and determined by the county commissioners, for 
 the county where such lands or other property may be situated, 
 in the same manner and under the same conditions and limi- 
 tations, as are by law provided in the case of damages by the 
 laying out of highways ; and the land so taken by the corpora- 
 tion shall be held as lands taken and appropriated for puWic 
 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 pro- 
 perty ; and in case such railroad shall pass through any wood- 
 lands or forests, the said company shall have the right to fell 
 or remove any trees standing thereon, within four rods from 
 such road, which by their liabihty 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 as is provided for the recovery of other damages 
 in this act. And furthermore said corporation shall have all 
 the powers, privileges, and immunities, and be subject to all 
 the duties and liabilities, provided and prescribed, respecting 
 railroads in chapter eighty-one of the Revised Statutes, not 
 inconsistent with the express provisions of their charter. 
 
PORTLAND AND ROCHESTER RAILROAD. 489 
 
 Sect. 2. 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 guar- certain oases. 
 dian 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 or claims for damages by reason of taking such land 
 and estate aforesaid, and give good and valid releases and 
 discharges therefor. 
 
 . Sect. 3. The capital stock of said corporation shall consist of 
 not less than five thousand nor more than eight thousand shares ; capital, 
 and the immediate government and direction of the affairs of ^^T'-^l^. ^^^ 
 said corporation shall be vested in seven, nine or thirteen direc- c^ap- 33i. 
 tors, 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 chosen and qualified to take 
 their places, a majority of whom shall form a quorum for the 
 transaction of business ; and they shall elect one of their num- 
 ber to be president of the board, who shall also be the presi- officers, 
 dent of the corporation, and shall have authority to choose Amended i87i, 
 a clerk who shall be sworn to the faithful discharge of his ° ^^' 
 duty; and a treasurer, who shall be sworn, and also 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 discharge of his trust. And for the purpose of receiv- 
 ing subscriptions to the said stock, books shall be opened under 
 the direction of the persons named in the first section of this subscription, 
 act, at such times as they may determine, in the towns of West- 
 brook, Grorham and Alfred, and in the cities of Portland and 
 Boston, and elsewhere, as they shall appoint, to remain open 
 for ten successive days, of which time and place of subscrip- • 
 tion, public notice shall be given in some newspaper printed 
 m Portland and Boston and Saco, twenty days at least pre- 
 vious to the opening of such subscription ; and in case the 
 amount subscribed shall exceed eight thousand shares, the 
 same shall be distributed among all the subscribers, according 
 to such regulations as the persons having charge of the open- 
 ing of the subscription books shall prescribe before the opening 
 31 
 
490 
 
 PORTLAND AND ROCHESTER RAILROAD. 
 
 By-laws. 
 
 Powers of 
 officers. 
 
 Assessments. 
 
 of said books ; and any seven of the persons named in the first 
 section of this act are hereby authorized to call the first meet- 
 ing of said corporation by giving notice in one or more news- 
 papers published in the town of Saco and city of Portland, 
 of the time and place and the purposes of such meeting, at 
 least twenty days before the time mentioned in such notice. 
 
 Sect. 4. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations consistent 
 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. 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 corpo- 
 ration for the purpose of locating, constructing, and com- 
 pleting said railroad, and for the transportation of persons, 
 goods, and property of all descriptions, and all such power and 
 authority for the management of the affairs of the corporation 
 as may be necessary and proper to carry into effect the object of 
 this grant, to purchase and hold, within and without the State, 
 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 descrip- 
 tions, 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 the 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 by-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 delmquent 
 subscriber, 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 
 
POETLAND AND ROCHESTER RAILROAD. 491 
 
 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; provided, however, that no 
 assessment shall be laid upon any share in said c(3rporation 
 of a greater amount in the whole than one hundred dollars. 
 
 Sect. 6. A toll is hereby granted and established for the ^g,j 
 sole benefit of said corporation, upon all passengers and prop- 
 erty of all description which may be conveyed or transported 
 by them upon said road, at such rate 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 
 weights of loads, and all other matters and things in relation 
 to said road shall be in conformity with such rules, regula- 
 tions and provisions as .the directors shall from time to time 
 prescribe and direct. 
 
 Sect. 7. The legislature may authorize any other company 
 or companies to connect any other railroad or railroads with the connections 
 
 ^ •' with other 
 
 railroad of said corporation, at any points on the route of said roads, 
 railroad. And the said corporation shall receive and transport 
 all persons, 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 con- 
 nected therewith, 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 passengers, goods and other property as 
 may be received from such other railroads so connected with 
 said railroad as aforesaid, shall not exceed the general rates of 
 freight and toll on said railroad, received for freight and pas- 
 sengers at any of the depots of said corporation. 
 Sect. 8. If the said railroad in the course thereof, shall cross 
 
 Crossing of 
 
 any private way, the said corporation shall so construct said private ways, 
 raiboad 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 
 
492 
 
 PORTLAND AND ROCHESTER RAILROAD. 
 
 Bridges. 
 
 May cross tide 
 waters. 
 
 Fences. 
 
 To carry V. S. 
 xnail. 
 
 turnpike, highway or private way, so that the said 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. 9. Said railroad corporation shall constantly maintain 
 in good repair, all bridges, with their abutments and embank- 
 ments, which they may construct for the purpose of conduct- 
 ing their railroad over any canal, turnpike, highway, or private 
 way, or for conducting such private way or turnpike over said 
 railroad. 
 
 Sect. 10. If the said railroad shall in the course thereof, 
 cross any tide waters, navigable rivers, or streams, the said 
 corporation are hereby authorized and empowered to erect for 
 the 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 con- 
 structed as hot unnecessarily to obstruct or impede the navi- 
 gation of said waters. 
 
 Sect. 11. Said 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, or lands that may here- 
 after be improved ; and for neglect or failure to erect and 
 maintain such fence, said corporation shall be liable to be 
 indicted in the district court, for the county where such fence 
 shall be insufficient, and to be fined in such sum as shall be 
 adjudged necessary to repair the same ; and such fine shall be 
 expended for the erection or repair of said fen^e, under the ' 
 direction of an agent appointed by said court, as in case of 
 fines imposed upon towns for deficiency of highways. 
 
 Sect. 12. The said corporation shall, at all times, when 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 road as required, for a fair and reasonable compensation. 
 And in case the corporation and the postmaster general shall 
 be unable to agree upon the compensation aforesaid, the legis- 
 lature of the State shall determine the same. And the said 
 
PORTLAND AND EOCHESTER RAILROAD. 493 
 
 corporation, after they shall commence the receiving of tolls, 
 shall be bound, at all times, to have said railroad in good 
 repair, and a suifieient number of suitable engines, 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. And the said corpora- 
 tion, fulfilling on its part all and singular the several obliga- 
 tions and duties by this section imposed and enjoined upon it, 
 shall not be held or bound to allow any engine, locomotive, 
 car, carriage, or other vehicles for the transportation of per- 
 sons or merchandise to pass over said railroad, other than its 
 own, furnished and provided for that purpose, as herein en- 
 joined and required. 
 
 Sect. 13. If any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of any y^^^i^ injury 
 carriage on said railroad, or in any way spoil, injure, or de- of ™a''. ^°^ 
 stroy said railroad, or any part thereof, or anything 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 tres- 
 pass, 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 oiBcer, 
 whom they may direct, to the nse of said corporation. And 
 such offender or offenders, shall be liable to indictment by the 
 grand jury of the county within which trespass shall have been 
 committed, for any offence or offences, contrary to the above 
 provisions; and upon conviction thereof before any court com- 
 petent to try the same, shall pay a fine not exceeding five 
 hundred dollars, to the use of the State, or may be imprisoned 
 for a term not exceeding five years, at the discretion of the 
 court before whom such conviction shall be had. 
 , Sect. 14. Said corporation shall keep in a book for that „ , , , 
 
 ■■ "^ Books to be 
 
 purpose, a regular account of all disbursements, expenditures, kept. 
 
Taxes. 
 
 494 PORTLAND AND ROCHESTER RAILROAD. 
 
 and receipts ; 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; and 
 at the expiration of every year, the treasurer of said corpora- 
 tion shall make an exhibit, under oath, to the legislature, of 
 the net profits derived from the income of said railroad. 
 
 Sect. 15. AU real estate purchased by said corporation, for 
 the use of the same, under the fifth section of this act, shall be 
 taxable to said corporation by the several towns, cities, and 
 plantations in which said lands may lie, in the same manner 
 as lands owned by private persons, and shall in the valuation 
 list be estimated the same as other real estate of the same 
 quality in such town, city, or plantation, and not otherwise; 
 and the shares owned by the respective stockholders shall be 
 deemed personal estate, and be taxable as such to the owners 
 „^ ^ thereof, in the places where they reside and have their home. 
 
 When net ' " _ •' _ 
 
 income of road And whenever the net income of said corporation shall have 
 howdfsposed amounted to ten per centum per annum, upon the cost of the 
 "*• road, and its appendages and incidental expenses, the directors 
 
 shall make a special report of the fact to the legislature; from 
 and after which time one moiety, or such other portion as the 
 legislature may from time to time determine, of the net income 
 from said railroad, accruing thereafter, over and above ten 
 per centum per aniram, first to be paid to the stockholders, 
 shall annually be paid over by the treasurer of said corpora- 
 tion, as a tax, into the treasury of the State for the use of 
 the State. And the State may have and maintain an action 
 against said corporation therefor, to recover the same. But 
 no other tax than herein is provided, shall ever be levied or 
 assessed on said corporation or any of their privileges or fran- 
 chises. 
 Annual and Sbct. 16. The annual meeting of the members of said cor- 
 
 speciai meet- poration shall be holden on the first Monday in June, or such 
 Amended 1848 Other day as shall be determined by the by-laws, at such time 
 chap. 108; 1857, and place as the directors, for the time being, shall appoint, 
 at which meeting the directors shall be chosen by ballot, each 
 proprietor, by himself or proxy, being entitled to as many 
 votes as he holds shares; and the directors are hereby author- 
 
Power of Ipgis- 
 latuie. 
 
 PORTLAND AND ROCHESTER EAILEOAD. 495 
 
 ized 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. 17. The legislature shall at all times have the right 
 to inquire into the doings of said corporation, and into the 
 manner in which the privileges and franchises herein and here- 
 by granted may have been used and employed by said corpo- 
 ration, and to correct and prevent all abuses of the same, and 
 to pass any laws imposing fines and penalties upon said corpo- 
 ration, which may be necessary more effectually to compel a 
 compliance with the provisions, liabilities, and duties, herein- 
 before set forth and enjoined, but not to impose any other or 
 further duties, liabilities, or obligations. And this charter 
 shall not be revoked, annulled, altered, limited, or restrained, 
 without the consent of the corporation, except by due process 
 of law. 
 
 Sect. 18. If tlie said corporation shall not have been organ- 
 ized, and the location according to actual survey of the route, ^meof organ- 
 
 ' & J 5 izing. 
 
 filed with the county commissioners of the counties through Amended i862, 
 which the same shall pass, on or before the thirty-first day of "^^^ ^^. ^^' 
 December, in the year of our Lord one thousand eight hun- chap. 62; i859, 
 dred and fifty-one, or if the said corporation shall fail to com- chap. 214.' ' 
 plete said railroad on or before the thirty-first day of Decem- 
 ber, in the year of our Lord one thousand eight hundred and 
 sixty-one, in either of the above cases, this act shall be null 
 and void. 
 
 Sect. 19. And the said corporation is hereby authorized Mayaeiiits 
 and empowered to transfer and assign this charter, with all its chatter &c., to 
 
 • -1 . . • n ,. n ■ IT. B. &M.Eail- 
 
 pnviieges, immunities, and iranchises, to the Isoston and road. 
 Maine Railroad Company, on such terms and conditions as 
 shall ensure, within the times prescribed by this act, the loca- 
 tion and construction of said railroad. But said transfer and 
 assignment shall not exonerate the corporation hereby created, 
 or the stockholders thereof, from any legal liabilities or duties 
 by them before that time incurred and undertaken, and the 
 said Boston and Maine Railroad Company, after such transfer 
 and assignment, shall be holden to perform all the duties, by 
 this act imposed upon the said York and Cumberland Rail- 
 road Company. Approved July 30, 1846. 
 
496 
 
 POETLAND AND ROCHESTER RAILROAD. 
 
 Capital stock. 
 Amended 1850, 
 chap. 331. 
 
 ■Western 
 terminus. 
 
 Meeting of 
 stockliolders. 
 
 LAWS OF 1848, CHAP. 108. 
 
 An act in addition to "an act to establish the York and Cumberland 
 Railroad Company." 
 
 Se it enacted, dsc. Sect. 1. That the capital stock of the 
 York and Cumberland Eailroad Company shall consist of 
 not less than four thousand shares. And said shares shall be 
 established at not less than jfifty dollars for every share. 
 
 Sect. 2. The said railroad shall be so located and con- 
 structed, that its western terminus shall be at some point or 
 place, within or near the village of South Berwick, where it 
 shall best connect with a railroad leading to Boston. 
 
 Sect. 3. The persons named in the act to which this is addi- 
 tional, or any seven of their number, may call a meeting of all 
 persons who are or shall be subscribers to the stock of said 
 road, at such time and place as they shall appoint, by giving 
 public notice thereof in one newspaper in each of the counties 
 of York and Cumberland, fourteen days before such meeting. 
 The subscribers present at such meeting shall then and there 
 vote upon the question of accepting the first and second sec- 
 tions of this act, and shall act upon the said sections separately. 
 And neither of said sections shall take effect, unless the same 
 shall be accepted by the vote of a majority of the subscribers 
 present at such meeting. 
 
 Sect. 4. This act shall take effect and be in force from and 
 after its approval by the governor. And all acts and parts of 
 acts inconsistent with the provisions of this act, are hereby 
 repealed. Approved June 21, 1848. 
 
 Capital stock 
 
 increased 
 
 $120,000. 
 
 LAWS OP 1850, CHAP. 331. 
 
 An act additional to an act to establish the York and Cumberland 
 Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. The capital stock of the York 
 and Cumberland Railroad Company is hereby increased 
 twenty-two thousand shares, so that the capital stock of said 
 company shall consist of not less than five thousand nor more 
 than thirty thousand shares of fifty dollars each. 
 
 Sect. 2. This act shall take effect from and after its ap- 
 proval by the governor. Approved July 26, 1850. 
 
PORTLAND AND ROCHESTER RAILROAD. 497 
 
 LAWS OF 1852, CHAP. 487. 
 
 An act extending the time in whioh to file the location of the line of the 
 York and Cumberland Railroad Company. 
 
 Time extended 
 
 Be it enacted, <&c. Sect. 1. The time in which the loca- 
 tion of the line of the York and Cumberland Railroad Com- 'one year, 
 pany may be filed, is hereby extended for the term of one year chap 298, and 
 from the last day of December next. 18«3, chap. 2m. 
 
 Sect. 2. This act shall take effect from and after its ap- 
 proval by the governor. A'pproved February 23, 1852. 
 
 LAWS OF 1852, CHAP. 547. 
 
 An act authorizing the York and Cuiliberland Railroad Company to 
 extend a branch to Sebago Lake. 
 
 Be it enacted, <&c. Sect. 1. The York and Cumberland 
 Railroad Company, are hereby authorized to extend a branch Branch Baii- 
 
 ■- •' ■^ _ _ _ road authorized 
 
 of their road, from some convenient point on the line thereof, to Sehago pond. 
 
 to Sebago Lake, at such point or place as they may find most 
 
 convenient or desirable. , 
 
 Sect. 2. This act shall take efifect from and after its ap- 
 proval by the governor. Approved March 30, 1852. 
 
 LAWS OF 1853, CHAP. 180. 
 
 An act additional respecting the York and Cumberland Railroad 
 Company. 
 
 Beit enacted, &c. Sect. 1. The York and Cumberland 
 Railroad Company is hereby authorized to locate, construct 
 and maintain a line of railroad from some point of connection Line of road, 
 with its present chartered route in the town of Lebanon, to 
 such a point on the boundary line between this State and New 
 Hampshire, as will best enable said company to connect with 
 Buch railroad as may be authorized by the State of New 
 
 ^ •' •' Objects of 
 
 , .mmpshire to be constructed to the same point, so as to form a extension. 
 
 connected line of railroad, extending southwesterly in the gen- 
 • eral direction of Eoehester, Nashua and New York. And all route!'"""^ 
 
 the rights hereby granted shall be exercised by said company, 
 
 \ 
 
498 
 
 PORTLAND AND EOCHESTEB EAILROAD. 
 
 Qrant, wben to 
 take effect. 
 
 York and Cum- 
 berland, time of 
 location, com- 
 pletion, &B, 
 extended. 
 
 Subject to 
 general laws. 
 
 May unite with 
 certain otbci 
 loads. 
 
 Corporate 
 name. 
 
 Stock, consoli- 
 dation of. 
 
 When to take 
 effect. 
 
 United com- 
 pany, duties of, 
 &c. 
 
 under the provisions of its charter, except so far as the same 
 are modified by this act, and subject to the general laws of 
 this State ; but this section shall not take effect unless said 
 company shall make and construct and complete their said 
 road, on or near its present location from Lebanon to Great 
 Falls, Somersworth, New Hampshire, simultaneously with the 
 construction of said proposed extension. 
 
 Sect. 2. A further time of one year from the expiration of 
 the time now fixed by law, is hereby granted, within which - 
 the said York and Cumberland Railroad Company may com- 
 plete and file the location of its road, between the town of 
 Buxton and the line of New Hampshire, under its charter, and 
 the location of the additional line of road hereby authorized. 
 And the said company shall be subject to the general laws 
 now existing in this State, or wliich may hereafter be passed 
 by the legislature of this State. 
 
 Sect. 3. If the said company shall determine to build the 
 additional line of road authorized by the first section of this 
 act and to form the connection therein contemplated with 
 such other road in the State of New Hampshire, it shall be law- 
 ful for said York and Cumberland Railroad Company to unite 
 with such connecting company under one charter, by the name 
 of the Portland, Nashua and New York Railroad Company; 
 and the stock and franchise of said York and Cumberland 
 Railroad Company may be consolidated into and become a 
 part of the stock and franchise of said itnited company; but 
 this section shall not take effect unless the stockholders of said 
 York and Cumberland Railroad Company, at a meeting called 
 with notice for that purpose, shall vote to authorize such con- 
 nection and union. And such united company shall be held 
 to perform and discharge within this State, whatever duties 
 and liabilities are imposed upon said York and Cumberland 
 Railroad Company by the charter thereof and by the general 
 laws of this State. 
 
 Sect. 4. This act shall take effect upon its approval by the 
 governor. Approved March 31, 1853. 
 
PORTLAND AND ROCHESTER RAILROAD. 499 
 
 LAWS OF 1857, CHAP. 62. 
 
 An act additional to an act to establish the York and Cumberland Rail- 
 road Company. 
 
 Beit enacted, die. Sect. 1. All meetings of stockholders 
 of said company heretofore called by publication of notice of 
 the time and place of meeting in one public paper, published stockiioiders, 
 in the town of Saco or city of Biddeford, in the county of ""^ <=»"««• 
 York, shall, for all legal purposes of said meetings be held to 
 ■ have been legally notified, anything in the by-laws of said 
 company to the contrary notwithstanding ; and all future 
 meetings of said company may be called by publishing notice 
 of the same in one public paper published in said town of 
 Saco, instead of two in the town of Saco, as now required by 
 the by-laws of said company. 
 
 ) Sect. 2. A deed of mortgage and trust bearing date Janu- 
 ary first, eighteen hundred and fifty-seven, and purporting to certain deed of 
 be executed by said company to James Hayward, "William trust to be~ 
 WilMs and James C. Churchill, shall be binding and obliga- ™ '°^' 
 tory on said company, and shall be held to have vested and 
 conveyed in trust to said Willis and Churchill, (the said Hay- 
 ward having declined said trust,) and to the survivor and suc- 
 cessors of said Willis and Churchill, all the franchise, estate 
 and other property, purporting to be conveyed by said deed, and 
 the bonds secured by said mortgage are hereby made and 
 declared to be negotiable by delivery. 
 
 Sect. 3. All conveyances and releases which have been or 
 may be hereafter made to said Hayward, Willis and Churchill ances) se." to^ 
 as truste'es under said mortgage, shall vest in said Willis and ™^* " ^'"'^ 
 
 n o J g^mj Churchill 
 
 Churchill as trustees, all the estate and property intended to as trustees. 
 be conveyed or released thereby to said trustees, and all con- 
 tracts purporting to be piade by any person or corporation 
 with said Hayward, Willis and Churchill as such trustees, but 
 executed by said Willis and Churchill only, on the part of said 
 trustees, shall in law be held to be binding and obligatory 
 upon all parties who shall have executed the same, and may 
 be enforced by or against the trustees parties thereto, and 
 their survivor or successors in said trust. 
 
500 
 
 PORTLAND AKD ROCHESTER RAILROAD. 
 
 Stockholders, 
 liability of. 
 
 Time of filing 
 
 location 
 
 extended. 
 
 Sect. 4. All stockholders of said company who have sur- 
 rendered or who may hereafter surrender their stock to the 
 company, shall be liable to the amount of their stock for the 
 debts of the company contracted during their ownership of 
 said stock, and such liability shall continue for the term of 
 one year and no longer, after the record of the surrender of 
 their stock to the company on the books of the coi-poration. 
 If any officer holding an execution against the company shall 
 return thereon, that by reason of the non-residence of a stock- 
 holder in this State, he has been unable to demand of such 
 stockholder to disclose and show to him attachable property 
 of such corporation sufficient to satisfy the execution, such 
 stockholder shall be liable without any demand to an action 
 of the case, provided in section third, chapter two hundred 
 and seventy-six of laws of eighteen hundred and fifty-six. 
 
 Sect. 6. The time in which the location of the line of the 
 York and Cumberland railroad may be filed, is extended for 
 the term of one year from the last day of December next. 
 
 Sect. 6. This act shall take effect from the time of its 
 approval by the governor. Approved April 2, 1857. 
 
 LAWS OF 1859, CHAP. 298. 
 
 An act to extend the time for filing locations and for constructing the 
 York and Cumberland Railroad. 
 
 Location, &c. 
 time of extend- 
 ed. 
 
 Authorized to 
 correct or vary 
 location, &c. 
 
 Certain loca- 
 tions made val- 
 id. 
 
 Be it enacted, (&c. Sect. 1. The time for the York and 
 Cumberland Railroad Company to complete the location and 
 construction of its railroad is hereby. extended to the first day 
 of January, in .the year of our Lord one thousand eight hun- 
 dred and sixty-four. 
 
 Sect. 2. Said corporation is hereby authorized to correct or 
 vary the location of its line, in such manner as best to effect- 
 uate the purpose of building the railroad between the two 
 termini, still locating and constructing it through the towns 
 named in the charter, and the town of Xyman. 
 
 Sect. 3. Such locations as said corporation has made by 
 way of amendment of its line, and such new locations as said 
 corporation has made between the termini, and conforming to 
 
PORTLAND AND ROCHESTER RAILROAD. 501 
 
 the terms and conditions of the second section of this act, 
 since September, in the year of our Lord one thousand eight 
 hundred and fifty-eight, are hereby authorized, confirmed and 
 ratified. Approved March 14, 1859. 
 
 ' LAWS OF 1863, CHAP. 214. 
 
 An act to extend the time for the completion of the York and Cumber- 
 land Railroad. 
 
 Be it enacted, c&o. The time within which by the eigh- 
 teenth section of an act entitled "an act to establish the York York and cum- 
 and Camberland Kailroad Company," approved July thirtieth, ^„^^™^^^' 
 in the year of onr Lord one thousand eight hundred and forty- completion of, 
 six, said corporation were required to complete the railroad 
 which was thereby authorized, be and the same is hereby ex- 
 tended to the fij-st day of January, in the year of our Lord —to January 
 eighteen hundred and seventy, and so much of said eighteenth ' 
 
 ° , ■" ° Amended 1869, 
 
 section as is inconsistent herewith be and the same is hereby chap. 4. 
 repealed. Approved February 12, 1863. 
 
 LAWS OF 1866, CHAP. 115. 
 
 An act to enlarge the powers of the Portland and Rochester Railroad 
 '■ Company, and for other purposes. 
 
 Be it enacted, die. Sect. 1. That the Portland and Eoch- 
 
 ,-[,.,,„ -11/. IT Change Of route 
 
 ester Jiailroad (Jompany, a corporation duly formed and authorized, 
 organized agreeably to the provisions of the act approved 
 March twenty-fifth, in tlie year of our Lord one thousand X'^Sl^^^^' 
 eight hundred and fifty-four, entitled "an act relating to 
 the redemption of railroad mortgages by subsequent mort- 
 gages, and for the better protection of bondholders," by 
 holders of bonds issued by the York and Cumberland Rail- 
 road Company, and succeeding to the rights and immunities 
 01 said last named company, be and hereby is authorized and 
 empowered to change the route prescribed in the act of incor- 
 poration of said York and Cumberland Eailroad Company, 
 lor the location and construction of the road authorized there- ^ ^. 
 
 1 , liocatiou. 
 
 "7, between the town of Sanford, in the county of York, and 
 
502 
 
 PORTLAND AND EOCHESTEE EAILEOAD. 
 
 Powers, privi- 
 legea, obliga- 
 tions, &c. 
 
 Bight to con- 
 struct railroad 
 as defined in 
 original charter 
 not to' be im- 
 paired. 
 
 Bights, &c., 
 additional, 
 
 City of Port- 
 land authorized 
 to subscribe to 
 capital stock. 
 
 Proviso. 
 
 the southerly termination of said road, and to make a new 
 location of said road from some suitable point of the present 
 location in said town of Sanford to the town of Rochester in 
 the State of New Hampshire ; and also to make such other 
 alterations in the route and location of said road, between the 
 towns of HoUis and Sanford, passing through the town of 
 Alfred, as upon survey shall be found to shorten the length 
 of said road and diminish the expense of construction of the 
 same ; with all the powers, rights and privileges to construct 
 and maintain said railroad over and upon said new location, 
 and subject to all the liabilities, duties and obligations that 
 are granted or imposed by the act of incorporation of said 
 York and Cumberland Railroad Company, or by the laws of 
 the State. 
 
 Sect. 2. That nothing contained in this act, nor the pro- 
 ceedings of said Portland and Rochester Railroad Company 
 by virtue thereof, shall invalidate, or impair the right of said 
 company to construct said railroad upon the route prescribed 
 in said original act of incorporation and the location made in 
 pursuance thereof; but said company may exercise all the 
 powers and enjoy all the rights, privileges and immunities 
 granted by the first section of this act in addition to those 
 contained in the act of incorporation of the York and Cum- 
 berland Railroa 1 Company. 
 
 Sect. 3. Whenever the amount of one hundred^ and fifty 
 thousand dollars additional to the present stock of said road, 
 shall have been subscribed in good faith, by responsible parties, 
 the city of Portland in its corporate 'capacity, shall be author- 
 ized to subscribe a sum not exceeding three hundred thousand 
 dollars to said stock; provided, two-thirds of the voters 
 present voting at said meeting legally called for that purpose, 
 shall by ballot, vote so to do. Approved February 19, 1866. 
 
 LAWS OF 1868, CHAP. 456. 
 
 An act to amend section one of chapter three hundred and ninety-tTftof 
 the private and special laws of eighteen hundred and sixty-seven. 
 
 How amended. -^^ '*^ enacted, c&c. Section one of chapter three hundred 
 and ninety-five of the private and special acts of one thousand 
 
PORTLAND AND EOCHESTER RAILROAD. 503 
 
 eight hundred and sixty-seven, is hereby amended, by insert- 
 ing after the words "the Bangor and Piscataquis Eailroad 
 Company," the words "and also the Portland and Eochester 
 Eailroad Company." Approved February 6, 1868. 
 
 LAWS OF 1868, CHAP. 531. 
 
 An act authorizing the Portland and Rochester Railroad Company to 
 change the location of its road. 
 
 Be it enacted, die. Sect. 1. The Portland and Rochester 
 Eailroad Company is hereby authorized to change the location tra«k between 
 of its track between Cumberland Mills in Westbrook and its Cumberland 
 depot in Portland, on or before the first day of January, eigh- lamd depot 
 teen hundred and seventy-one, so as to conform, as nearly as ''■''^"sed. 
 may be found advantageous, to a line running directly from jj|j„te. 
 Cumberland Mills to Woodford's Corner, in Westbrook, thence 
 to the shore of Back Cove, near the premises of Warren Spar- , 
 row, thence along the side of said Back Cove to the factory of 
 the Portland Stone Ware Company, thence across Back Cove 
 to the northwesterly end of the engine house of said railroad 
 company in Portland; the location to be made on or before 
 January one, eighteen hundred and sixty-nine, and under the be located, 
 authority hereby given is to be subject to the provisions of law Amended i87i, 
 
 ![%gulating the location and construction of railroads in this '^?\^l^eLp, 
 State, and the provisions of the charter of said railroad com- 125. 
 pany, or of the York and Cumberland Railroad Company. 
 
 t Sect. 2. This act shall take effect when approved. Ap- 
 proved February 18, I8168. 
 
 LAWS OF 1869, CHAP. 4. 
 
 An act to extend the time for the completion of the Portland and 
 Rochester Eailroad. 
 
 Be it enacted, die. Sect. 1. The time within which, by 
 chapter two hundred and fourteen of the private laws of eigh- q^^^ 214 pri- 
 teen hundred and sixty-three, entitled "an act to extend the vateiawsises, 
 
 .i „ " amended, 
 
 lime lor the completion of the York and Cumberland Rail- 
 road," said corporation was required to complete the railroad Time for com- 
 
 1. 1,1, pletion extend ■ 
 
 wnica was thereby authorized, be and is hereby extended to ed. 
 
.504 
 
 PORTLAND AND ROCHESTEE RAILROAD. 
 
 the Portland and Rochester Kailroad Company, to the first 
 day of January, eighteen hundred and eighty, and so much of 
 ^aid two hundred and fourteenth chapter as is inconsistent 
 herewith be and is hereby repealed. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 f roved January 27, 1869. 
 
 LAWS OF 1871, CHAP. 569. 
 
 Authorized to 
 elect a vice- 
 president; 
 duties. 
 
 Location of 
 track, change 
 of, may be 
 made in three 
 years. 
 
 Deed of mort- 
 gage and of the 
 rust made 
 valid and obli- 
 gatory upon 
 company. 
 
 An act additional to the acts establishing the Portland and Rochester 
 Railroad Company. 
 
 Be it enacted, <&c. Sect. 1. In addition to the other 
 officers provided for in their charter, the directors of said 
 company are hereby authorized to elect one of their number 
 to be vice-president of the board, who shall preside, in the 
 absence of the president, at all meetings of the directors and 
 of the stockholders. 
 
 Sect. 2. The time within which the change of the locatiou 
 of the track of their road between Cumberland Mills, in West- 
 brook, and their depot in Portland may be made, is hereby 
 extended for the term of three years from the first day of 
 February next. 
 
 Sect. 3. The deed of mortgage and of trust, bearing date 
 November first, eighteen hundred and seventy, and executed 
 by said cojnpany to H. J. Libby, Frederick Fox of Portland, 
 and John A. Waterman of Gorham, as trustees, and the bonds 
 of the company according to their terms, which said mortgage 
 deed is designed to secure, are hereby made valid and obliga- 
 tory upon said company. 
 
 Sect. 4. This act shall take effect when approved. Ap- 
 proved February 6, 1871. 
 
 LAWS OF 1871, CHAP. 625. 
 
 An act additional to the charter of the Portland and Rochester Railroad 
 Company authorizing the extension of its road in Portland. 
 
 Be it enacted, c&c. 
 
 p.&R.Eaii- -oe i6 e/Mic-teu., uK-i;. Seot. 1. The Portland and Eochester 
 
 road Co. au- Kailroad Company are hereby authorized to extend their rail- 
 
 ■thorized to ex- r j j -r. , j i, 
 
 tend their road, road from a point at or near their depot in Portland, thence 
 
PORTLAND AND ROCHESTER RAILROAD. 505 
 
 iiortheasterly across back cove to and crossing "Washington jj^^j^ 
 street ;' thence easterly crossing the Grand Trunk Kailway, 
 and extending outside thereof to some place on Fish point, 
 and to locate, construct, maintain and use the same. 
 
 Sect. 2. Said company, shall have the same rights, privi- Rights, privi- 
 leges, powers and immunities, and be subject to all the duties ^^iff^^g*"* ''*" 
 and liabilities, respecting the location, construction, main- 
 tenance, use and management of that part of their railroad 
 hereby authorized to be extended, that they had and have 
 |, respecting their existing road. 
 
 Sect. 3. This act shall take eifect when approved. Ap- 
 proved February 15, 1871. 
 
 LAWS OF 1872, CHAP. 21. 
 
 An act to legalize the proceedings of the stockholders of the Portland and 
 Rochester Railroad Company. 
 
 Be it enacted, &c. Sect. 1. The votes and proceedings of 
 the stockholders of the Portland and Rochester Railroad Com- made raua."^^ 
 pany, at their special meeting which was held on the thirteenth 
 dayof December, in the year of our Lord one thousand eight hun- 
 dred and seventy-one, relating to the subscription by the com- 
 pany to the stock of the Nashua and Rochester Railroad Com- 
 pany, is hereby confirmed and made valid. 
 , Sect. 2. The board of directors are hereby authorized to 
 elect two additional directors from the stockholders, who shaU rectors author- 
 serve until the next annual meeting of the company, which '™'*' 
 will be held on the first Wednesday of October, eighteen hun- 
 dred and seventy-two. 
 
 Sect. 3. This act shall take efifect when approved. Ajy- 
 promd January 29, 1872. 
 
 LAWS OF 1872, CHAP. 80. 
 
 An act to regulate the sinking fund established by the Portland and 
 Rochester Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. That so long as the Portland ^o action nee- 
 
 ' cj essary by city 
 
 and Eochester Railroad Company continue to increase fhe of Portiana 
 sinking fund they have establiehed', pursuant to the terms of ™ap*i b s' 
 32 
 
506 
 
 P0RTLA2TD AND ROCHESTER RAILROAD. 
 
 the agreement made with aud conditions fixed by the city_^of 
 Portland, which provides for the payment of one per cent, 
 annually for five years after all the bonds have been issued to 
 them, and two per cent, annually thereafter, it shall not be 
 necessary for said city to take any action under section eighty- 
 two of chapter fifty^one of the revised statutes. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 9, 1872. 
 
 LAWS OF 1872, CHAP. 180. 
 
 An act to authorize the city of Portland to aid the construction and 
 western extensions of the Portland and Rochester Railroad. 
 
 City of Port- 
 land authoriz- 
 ed to aid in con- 
 struction of 
 Portland and 
 Bochester Bail- 
 road. 
 
 Act not to take 
 effect except by 
 two-thirds vote 
 of city. 
 
 Returns of votes 
 how made. 
 
 Treasurer au- 
 thorized to is- 
 sue scrip of 
 city. 
 
 Amount of. 
 
 Scrip, when 
 payable. 
 
 Interest, rate 
 of. 
 
 Bond of com- 
 pany and con- 
 ditions of. 
 
 Be it enacted, <&c. Sect. 1. The city of Portland is here- 
 by authorized to loan its credit to the Portland and Rochester 
 Railroad Company in aid of the construction, equipment, and 
 western extensions of their railroad, subject to the following 
 terms and conditions. 
 
 Sect. 2. This act shall not take efiect unless it shall be 
 accepted by the directors of said railroad company, and by the 
 vote of the inhabitants of said city, voting in ward meetings 
 duly called according to law ; and at least two-thirds of the 
 votes cast at such ward meetings shall be necessary for the 
 acceptance of the act. The returns of such ward meetings 
 shall be made to the aldermen of the city, and by them counted 
 aud declared, and the city clerk shall make record thereof. 
 
 Sect. 3. Upon the acceptance of this act as aforesaid, the 
 city treasurer is authorized to make and issue from time to 
 time, for the purposes contemplated in this act, the scrip of 
 said city, in convenient and suitable sums, to the amount of 
 four hundred and fifty thousand dollars, payable to the holder 
 thereof on a term of time not less than twenty nor more than 
 thirty years, with coupons for interest at six per cent, attached, 
 semi-annually or yearly as may be agreed, and to be applied 
 to the construction, equipment, and western extensions of their 
 road exclusively. 
 
 Sect. 4. Upon the delivery of each and every portion of 
 the scrip aforesaid, the directors shall execute and deliver to 
 
• PORTLAND AND ROCHESTER RAILROAD. 507 
 
 the city treasurer the bond of the company, in an equal 
 amount, payable to the city, conditioned that the company 
 will duly pay the interest on said scrip, and will provide for 
 the reimbursement of the principal thereof and hold the city 
 harmless on account of the issue of the same, according to the 
 provisions of this act. 
 
 Sect. 5. The directors shall also transfer to the city upon 
 the dehvery of any portion of the scrip aforesaid, an equal transfer mort- 
 araount of the mortgage bonds of the company, dated Septem- ,^^^"^^1° 
 ber first, eighteen hundred and seventy-one, and secured by a 
 mortgage deed of trust of the franchise and property of said 
 road, bearing date November third, eighteen hundred and 
 seventy-one, heretofore executed by the company and deliver- 
 ed to trustees for the benefit of the holder of said bonds. 
 
 Seot. 6. The directors shall also transfer to the city upon jji^eot^rsto 
 the delivery of any portion of the scrip as aforesaid, an equal transfer to city 
 amount in the shares of the company, to be held as collateral equaunamount 
 security for the bond of the compaTiy required to be given in *" scrip issued, 
 such case. And the shares so held as collateral shall be „,„ „ „, 
 
 Snares as col- 
 
 credited on the stock books of the company as fully paid up, lateral credited 
 
 , , 1 n 1 . 1 ,1 on Stock books 
 
 and no assessments shall ever be required on the same, nor as paid up. 
 shall any dividends be paid thereon nor any right of acting t)r 
 
 voting at the meetings of the company be claimed or exercised or dividends 
 
 by reason of said shares, so long as the same shall be held as p^ia on «>iiat- 
 
 ' ■ o eral sliares. 
 
 collateral as aforesaid. 
 
 Sect. 7. For the purpose of providing for the reimburse- 
 ment of the principal of the scrip authorized to be issued by sinking fund 
 
 -. ^ ^ *^ audcommis- 
 
 this act, there shall be established a sinking fund and com- sioners. 
 missioners shall be appointed to manage the same. One of 
 said commissioners shall be appointed by the mayor and alder- how™ppointed! 
 men of the city and one by the directors of the company, and 
 in case of a vacancy in the place of either the same shall be 
 supplied by the mayor and aldermen or by the directors re- 
 spectively. Both of said commissioners shall be appointed 
 and quahfied before the delivery to the directors of any of the 
 scrip. The commissioners shall severally be svforn to the „^ „ ^ 
 
 f •(.'Uj? 1 j- • Shan be sworn. 
 
 laitmul discharge of the duties enjoined upon them by this act 
 m presence of the city clerk, who shall make a certificate 
 
Bond of. 
 
 Compensation. 
 
 income of road 
 for flye years. 
 
 508 PORTLAND AND EOCHESTER RAILROAD. * 
 
 and record thereof as in the case of the qualification of city 
 
 oflBcers. Each of the commissioners shall give a bond to the 
 
 city with satisfactory sureties in the penal sum of ten thousand 
 
 dollars, conditioned for the faithful discharge of his duty as 
 
 commissioner. They shall receive such compensation as shall 
 
 be established by the directors which shall be paid to them by 
 
 the company. 
 
 One per cent, of Seot. 8. "Whenever the directors shall receive any portion 
 
 tofafsinktog^ of the scrip authorized as aforesaid to be delivered to them, 
 
 fund. they shall pay to the city treasurer one per cent, of the amount 
 
 of the scrip so delivered, which amount shall be placed by the 
 
 city treasurer to the credit of the commissioners of the sinking 
 
 fund, and shall constitute a part of said fund. The directors 
 
 One per cent of shall also annually in the month of June, after all of said scrip 
 
 scrip to be paid has been delivered to them, pay to the city treasurer from the 
 
 treasurer from income of the Toad one per cent, of the whole amount of said 
 
 scrip then outstanding, and shall continue to make these annual 
 
 payments of one per cent, for five years, but after the expira- 
 
 After five years, tion of five years the said annual payment from the income of 
 
 cent, to be paid Said road shall be increased to one and a half per cent, of the 
 
 into city amount of the scrip then outstanding, and these said annual 
 
 treasury. ■■ ^ 
 
 payments of one per cent, for five years and of one and a half 
 
 per cent, annually thereafter, shall be successively placed to 
 
 Paymentsto be thg credit of the commissioners of the sinking fund, and shall 
 
 credited to . o • t e i 
 
 sinking fund, constitute a part or said lund. 
 
 Sect. 9. The commissioners shall have the care and manage- 
 ofstaktagfdnd, msnt of aU the moneys and securities at any time belonging 
 to be in care of ^q ga,id fund : but the moneys uninvested and the securities 
 
 commissioners. i i n i i. 
 
 shall be m the custody of the city treasurer, who shall be by 
 
 Moneys, &c., •' . . 
 
 iininvested, to virtue of his office treasurer of the sinking fund, and shall be 
 oit^te^eMure^."^ responsible on his official bond to the city for the safe keeping 
 Moneys, &c., of the moneys and securities of said fand. He shall pay 
 howpaidoutby q^^ g^j^^j deliver any of said moneys or securities only upon the 
 
 treasurer. ■' _ _ •' •/ r 
 
 warrant of the commissioners. 
 
 Sect. 10. The commissioners shall from time to time at 
 
 Moneys may be _ 
 
 invested. their discretion, invest the moneys on hand securely, so that 
 
 they shall be productive, and the same may be loaned on 
 mortgage of real estate &r to any county or upon the pledge 
 
' POETLAND AND EOCHESTER RAILED AD. 509 
 
 of the securities or any county in this State, or invested in the 
 bonds of the State or of any county in the State, or of the 
 city of Portland or of the United States. Any portion of said 
 fund may be invested in the city scrip authorized by this act, in city scrip, 
 and such scrip shall not be thereby extinguished but shall be 
 held by the commissioners like their other investments for the may "e^Mid or 
 purposes of the fund. And the commissioners may from time transferred, 
 to time sell and transfer any of said securities. 
 Sect. 11. The sinkina; fund and all the sums which shall be „. , . ^ ^ ^ 
 
 , , o Sinking fund to 
 
 added thereto by accumulation upon the investments thereof be kept for 
 shall be reserved and kept inviolate for the redemption and prindpai™" 
 reimbursement of the principal of said scrip at the maturity ^<"■'''• 
 thereof, and shall be applied thereto by the commissioners. 
 
 Sect. 12. Any of the shares in the stock of the railroad ^^^-^ ^^j^ ^ 
 company held by the city as collateral may be sold and trans- c'ty ™ay ^^ 
 ferred by direction of the commissioners of the sinking fund, 
 with the consent of the directors of the railroad company, 
 whenever an exchange thereof can be advantageously made for 
 any, of the city scrip authorized by this act, or vsrhenever said 
 scrip can be advantageously purchased with the proceeds of 
 any such sale of siich collateral shares. And the scrip so 
 purchased or taken in exchange shall be thereupon cancelled scrip purciiased 
 and extinguished, and the amount thereof shall be endorsed *" ^^ oaiceii^d. 
 on the respective bonds of the railroad company, given on the 
 issue and delivery of such scrip. 
 
 Sect. 13. The commissioners shall keep a true rfecord of all . . 
 
 ^ ^ Commissioners 
 
 their proceedings and of all the moneys paid into said fund, to keep a true 
 
 and of the investments made of the same, and shall annually cee«ngs &c.' 
 
 in the month of September report to the mayor and aldermen 
 
 and to the directors of the railroad company their proceedings 
 
 for the, year, the amount and condition of the fund, and the 
 
 income of the several parts thereof. And their records and ^^o"^^; *«•> 
 
 ■"^ . , open to inspec- 
 
 the accounts of the fund, and the securities belonging thereto, tion of com- 
 shall at all times be open to the inspection of such committee 
 as may be appointed for that purpose by the mayor and alder- 
 men or by the directors of the company. 
 
 Sept. 14. To secure the faithful discharge of the several 
 trnsts confided to the said commissioners under this act, the 
 
 mittee. 
 
510 
 
 PORTLAND AND ROCHESTER RAILROAD. 
 
 Commissioners 
 maybe 
 
 removed in case 
 of failure to 
 perform their 
 trusts. 
 
 Vacancies, how 
 filled. 
 
 City treasurer 
 authorized to 
 issue scrip after 
 acceptance of 
 this act. 
 
 Act, when to 
 take effect in 
 part. 
 
 When to take 
 eflfect in whole. 
 
 Certain mort- 
 gage deed and 
 bonds of com- 
 pany made 
 valid. 
 
 supreme judicial court is hereby empowered upon the com- 
 plaint of the mayor and aldermen, or of the directors of the 
 railroad company, against the said commissioners or either of 
 them concerning any of said trusts and duties, by summary 
 process according to the course of proceedings in equity, to 
 hear and adjudge upon the matter of such complaint, and to 
 issue thereon any suitable writ or process and make any pro- 
 per decree to compel the discharge and performance of such 
 trusts and duties, and to remove the said commissioners or 
 either of them ; and in case of such removal the vacancy shall 
 be immediately supplied as provided in the seventh section of 
 this act. 
 
 Sect. 15. The city treasurer is hereby authorized to issue 
 and deliver to the directors of the railroad company the scrip 
 of said city to the amount of one hundred thousand dollars 
 immediately after the acceptance of this act by the city, and 
 to issue and deliver the balance of the scrip authorized by this 
 act, in such sums and at such times thereafter as the directors 
 shall certify to be needed to complete the construction, equip- 
 ment and westeria extensions of the' road. 
 
 Sect. 16. This act shall take effect and be in force from 
 and after its approval by the governor so far as to empower 
 the directors of the railroad company and the inhabitants of 
 the city to act upon the question of accepting the same, as 
 provided in the second section of this act. And the several 
 ward meetings of the inhabitants for that purpose shall be called 
 and holden within one year after such approval. And if the 
 act shall be accepted as aforesaid, then after such acceptance 
 and record thereof, all the parts of this act shall take effect 
 and be in full force. 
 
 Sect. 17. The deed of mortgage and of trust, bearing date 
 November third, eighteen hundred and seventy-one, made and 
 executed By said Portland and Rochester Railroad Company 
 to K. J. Libby and Frederick Fox, of Portland, and John A. 
 Waterman, of Gorham, as trustees, and the bonds of the said 
 company accordirig to their terms which said mortgage deed 
 is designed to secure, are hereby made valid and obligatory 
 upon said company ; and all the acts and doings of the annual ' 
 
PORTLAND AISTD EOCHESTEE EAILEOAD. 511 
 
 meeting of the Portland and Rochester Railroad Company, 
 held October, eigjiteen hundred seventy-one, be and are here- 
 by made valid. Approved February 29, 1872. 
 
 ARTICLES OF AGREEMENT 
 
 Between the city of Portland and the Portland and Roch- 
 ester Railroad Company. 
 
 These aetioles of Agksement, in and between the city of Portland, 
 party of the first part, and the Portland and Rochester Railroad, party of the 
 second part, entered into this eleventh day of 'September, A. D. eighteen 
 hundred and seventy-four, witness : 
 
 Mrst, That the party of the second part agrees to provide equipment for 
 the Portland and Rochester Railroad required by the contract with the 
 Nashua and Rochester Railroad : to pay the interest on the three hundred and 
 fifty thousand dollars loan, and the interest on all bonds issued by the city, to 
 meet the interest on its two loans to the road, and to pay when due said bonds 
 for interest, which are to be six years, six per cent, coupon bonds. 
 
 Second, That the party of the second part agrees to keep up the present 
 rolling stock by suitable repairs and replacement, and maintain it and the 
 road bed of said railroad in at least as good order and condition as they now 
 are, and to make all repairs and improvements which may be needed for any 
 increase of business. 
 
 Third, That the party of the second part agree to pay over to the party of 
 the first part, all the net earnings of the road which remain after the per- 
 formance of the foregoing stipulations, to be applied to the payment of the 
 interest on the city loans. 
 
 Fourth, That the party of the second part agrees to submit to the board of 
 mayor and aldermen from time to time, or to any person or persons they may 
 appoint, all books, records, papers and vouchers necessary to a full under- 
 standing of the company's expenditures, receipts and accounts, and condi- 
 tions financially or otherwise. 
 
 Fifth, That the party of the second part agrees to perform all the forego- 
 mg stipulations to the satisfaction of the mayor and aldermen of the city of 
 Portland. 
 
 Sixth, That the party of the first part agrees to allow the party of the 
 second part to remain in possession of the road, and to manage the same for 
 three years from July 1st, 1874 ; provided, however, that if the party of the 
 second part shall at any time fail to perform all or any of the above stipula- 
 
512 POETLAND AND EOCHESTEE EAILEOAD. 
 
 tions to the satisfaction of the mayor and aldermen, whose judgment thereon 
 is hereby made final and conclusive on said company, then this contract and 
 especially this sixth article shall be wholly void. And in such case nothing 
 herein shall be construed as an extension of time on any mortgage to the 
 city, nor prevent said city from thereupon taking immediate possession of 
 said road by itself or through the trustees of the four hundred and fifty 
 thousand dollars mortgage. 
 
 In witness whereof, the said city of Portland has caused these presents to 
 be subscribed by George P. Wescott, the mayor of said city, and the seal of 
 said city to be affixed, and the said Portland and Rochester Railroad Com- 
 pany have caused these presents to be signed by John Lynch, its president, 
 and its corporate seal to be affixed, the day and year first above written. 
 
 Geobge p. Wescott, Mayor, [l. s.] 
 Portland and Rochester Railroad Co., 
 
 By John Lynch, President, [l. s.] 
 
 LAWS OF 1875, CHAP. 125. 
 
 An act additional to "an act establishing the Portland and Eochester 
 Railroad Company." 
 
 „. , . JSe it enacted, (&c. Sect. 1. The time within which the 
 
 Time for change ' 
 
 of location change of the location of the track of the Portland and Roch- 
 
 years. cstsr Railroad Company, between Cumberland Mills, in the 
 
 town of Westbrook, and their depot in the city of Portland, 
 
 is hereby extended for the term of three years from the first 
 
 day of February next. 
 
 Change of Sbct. 2. The Portland and Rochester Railroad Company 
 
 is hereby authorized to locate, construct, and iinally keep in 
 
 repair, one or more sets of rails, on a continuation of its line 
 
 of railroad, beginning at a convenient point northeasterly of 
 
 Deering's bridge, in the city of Portland, on the located line 
 
 of the road between said bridge and the building now used 
 
 for a depot, and thence continuing in a northeasterly direction 
 
 to a point of connection with said located road at Wilmot 
 
 street, or to some other point on what is known as the mar- 
 
 ginal way ; provided that nothing in the provisions of this bill 
 
 occupy mar- shall give the Portland and Rochester Railroad Company any 
 
 PorUMiX ™ power to take and occupy any portion of what is called the 
 
POBTLAND, SACO AND PORTSMOUTH RAILROAD. 613 
 
 marginal way, without first obtaining the consent of the mayor 
 and aldermen of the city of Portland ; and for these purposes 
 said company shall have the right to prirchase, or to take and % 
 
 hold so much of the land and other real estate of private per- ^^f,*j^^e^^^ 
 sons and corporations as may be necessary for the alteration, of persons and 
 location, construction- and convenient operation of said road; ""^^ " '' 
 the width of land thus taken shall not be over sixty-six feet ; 
 the location to be made on or before the first day of February, Location to be 
 eiighteen hundred and seventy-six, and , under the authority ^^^^j l^^g_ 
 hereby given, is to be subject to the provisions of law regula- 
 ting the construction of railroads in this State, and the pro- 
 visions of the charter of said railroad company, or of the York 
 and Cumberland Railroad Company ; provided that any 
 clause contained in the charter of the Portland and Rochester 
 Railroad Company, or the York and Cumberland Railroad 
 
 -, .. ., i< , ,• 1 ,1 About taxation. 
 
 Company, exempting said company trom taxation by the 
 
 State, shall not extend to this act; and in case the Portland 
 
 and Rochester Railroad Company fails to locate as above, or 
 
 fails to construct on or before January first, eighteen hundred ActnnUand' 
 
 and seventy-seven, than this section two shall be null and 
 
 void. 
 
 Sect. 3. This act shall take effect when approved. A^- 
 pomd February 17, 1875. 
 
 void, when. 
 
 THE PORTLAND, SACO AND PORTSMOUTH 
 RAILROAD 
 
 Extends from Portland to Portsmouth, N. H., fifty-two miles. 
 
 It Is the oldest road in. the State, and is under contract of lease to the 
 Eastern Railroad for the term of nine hundred and ninety-nine years from 
 the twenty-first day of January, A. D. 1871. 
 
 LAWS OF 1837, CHAP. 266. 
 
 An act to establish the Portland, Saco and Portsmouth Railroad Company. 
 
 B& it enacted, <&c. Sect. 1. That Ether Shepley, Samuel 
 Batchelder, Josiah Calef, James B. Thornton, Joseph M. 
 Hayes, Jonathan King, John Fairfield, Jonathan Tucker, 
 
 Corporators. 
 
514 
 
 POETLAND, SACO AND POETSMOITTH EAILEOAD. 
 
 Corporate 
 name. 
 
 General 
 powers. 
 
 May build a 
 Toad. 
 
 Koute. 
 
 An^ended 1841, 
 chap. 93 ; 1873, 
 chap. 388. , 
 
 May take land. 
 
 Samuel Moody, John Spring, Seth S. Fairfield, John Chad- 
 wick, Edward S. Monlton, Henry S. Thatcher, Samuel Pier- 
 son, Kufus Nichols, Amos Chase, Isaac Emery, Samuel White, 
 Ezra Dean, William P. Hooper, Thomas Cntts, Samuel Mer- 
 rill, Jeremiah 0. Stinson, Moses Bradbury, Samuel Hartley, 
 John Condon, Jr., Jonathan Tucker, Jr., Frederick Green, 
 George Scammon, Cotton Bradbury, Daniel Cleaves, William 
 Lord, Thomas Lord, Luther Jewett, Timothy Frost, Ivory 
 Lord, Barnabas Palmer, John Osborn, James Osborn, Jr., 
 Charles Williams, Palmer Walker, Enoch Hardy, Alexander 
 Mclntire, Charles O. Emerson, Solomon Brooks, their asso 
 ciatos, successors, and assigns, be and they are hereby made a 
 body politic and corporate by the name of the Portland, Saco 
 and Portsmouth Eailroad Company, and by that name shall 
 have all the powers, privilegies, and immunities and be subject 
 to all the duties and liabilities, provided and prescribed in an 
 act passed on the sixteenth of February, eighteen hundred and 
 thirty-six, entitled "an act concerning corporations" and an 
 act defining certain rights and duties of railroad corporations 
 passed the first of March, eighteen hundred and thirty-six, and 
 shall be and hereby are invested with all the powers, privi- 
 leges, and immunities, which are dr may be necessary to carry 
 into effect the purposes 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 bridges, viaducts, turnouts, culverts, 
 drains, and all other necessary appendages, from some point 
 or place in or near the city of Portland, through the towns of 
 Scarborough, Saco, Kennebunk, Wells, York, Kittery, and 
 the intermediate towns to the New Hampshire line, at such 
 place as will best connect with the railroad to be constructed 
 from Portsmouth to Boston. And for this purpose said 
 corporation shall have the right to take and hold, so 
 much of the laud and other real estate of private persons 
 as may be necessary for the location, construction, and con- 
 venient operation of their railroad; and they shall also 
 have the right to take, remove and use for the construction 
 
PORTLAND, SACO AND POETSMOUTH RAILROAD. ° 515 
 
 and repair of said railroad 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 ^j^^j^ 
 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 compensation, 
 mutually agree on ; and in case said parties shall not otherwise mined! ^'' 
 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 limi- 
 tations, as are by law provided in the case of damages by 
 laying out of highways ; and the land so taken by said cor- 
 poration 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 pro- 
 perty; or when it has already been taken, within one year 
 from the time of passing this act; and in ease such railroad 
 shall pass through any woodlands or forests, the said company 
 shall have the right to fell or remove any trees standing therein, 
 within four rods from such road, which by their liability to be trees.'^^""'^^ 
 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 as is provided for the 
 recovery of other damages in this act. 
 
 Sect. 2. That the capital stock of said corporation shall 
 consist of not less than five thousand, nor more than twelve .^^' j' ^ .„,„ 
 
 ' Amended 1848, 
 
 thousand shares ; and the immediate government and direc- oiiap- 139, and 
 tion of the affairs of said corporation shall be vested in seven, ' " *"' 
 
 1 • n. 1 n m 1 1 i i Government. 
 
 nine, or thirteen directors, who shall be chosen by the mem- 
 bers of said corporation, in the manner hereinafter provided. Directors, 
 and shall hold their offices until others shall have been duly 
 elected and qualified to take their places, a maiority of whom 
 
 1 11 „ X ' J J Quorum. 
 
 Bnall torm a quorum for the transaction of business ; and they 
 
 shall elect one of their number to be the president of the President. 
 
516 
 
 PORTLAND, SACO AND PORTSMOUTH RAILROAD. 
 
 Clerk. 
 
 Treasurer. 
 
 Bond. 
 
 Subscription 
 books. 
 
 Notice. 
 
 How distribut- 
 ed. 
 
 rirst meeting. 
 
 Powers of di- 
 rectors. 
 ■47 Me., 588. 
 
 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 treasurer, who shall 
 give bonds to the corporation, with sureties to the satisfac- 
 tion of the directors, in a sum not less than thirty thousand 
 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 of York, and Cumber- 
 land in this State, and in the town of Portsmouth in Ne:w 
 Hampshire, and Newburyport and the city of Boston in Massa- 
 chusetts, and elsewhere as they shall appoint to remain open 
 for ten successive days, of which time and place of subscrip- 
 tion public notice shall be given in some newspaper printed 
 in Portland, Saco, Portsmouth, and Boston, twenty days at 
 least previous to the opening such subscription, and in case 
 the amount subscribed shall exceed twelve thousand shares, 
 the same shall be distributed among all the subscribers, ac- 
 cording 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 purpose 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 corpo- 
 ration for the purpose of locating, constructing, and completing 
 said railroad, and for the transportation of persons, goods, and 
 property of all descriptions, and all such power and authority 
 for the management 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 lands, materials, engines,, and 
 cars, and other necessary things, in the name of the corpo- 
 
rbiBTLAND, SiACO AND PORTSMOUTH EAILEOAD. 517 
 
 I'ation for the ii'se of said road, and for the transportation of 
 persons, goods and property, of all descriptions; to make 
 Buch equal assessments from time to time, on all the shares 
 in said corporation, as they may deem expedient and nee- •'^sessments. 
 essary, in the execution and the progress of the work, and 
 direct the same to be paid to the treasurer of the corpora- 
 tion. And the treasurer shall give notice of all such assess- notice of. 
 nients ; 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 by-laws of said corporation, the directors may order 
 the treasurer to sell such share or shares, at public auc- 
 tion, after giving such notice as may be prescribed as afore- 
 said, to the highest bidder, and the same shall be trans- sold, 
 ferred to the purchaser, and such delinquent subscriber 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 
 
 Proviso. 
 
 costs of sale : 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. 
 
 SScT. 4. That said corporation shall have power to make^ 
 ordain, and establish, all necessary by-laws and regulations, By-laws, 
 consistent with the constitution and the laws of this State, for 
 their own government, and for the due and orderly conduct- 
 ing of their aifairs, and the management of their property. 
 
 Sect. 5. That a toll be, and hereby is granted and establish- tou. 
 ed, for the sole benefit of said corporation, upon all passengers, 
 and property of all descriptions, which may be conveyed or 
 tfansported upon said road ; at such rate per mile, as may be 
 agreed upon and established from time to time by the directors 
 of said corporation. The transportation of persons and pro- 
 perty — the construction of wheels, the forrhs of cars and car- 
 riages, 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 
 
518 
 
 PORTLAND, SACO AND PORTSMOUTH RAELROAD. 
 
 Proviso. 
 
 Legislature 
 may reduce 
 toll. 
 
 Proviso. 
 
 Other railroads 
 may connect. 
 
 May erect toll 
 houses. 
 
 from time to time prescribe and direct : Provided, however, 
 that if at the expiration of twelve years from and after the 
 completion of said road, the net income or receipts from tolls 
 and other profits, taking the twelve years aforesaid as the basis 
 of calculation, shall have amounte|d to more than twelve per 
 cent, per annum, upon the cost of the road, and incidental 
 ' expenses, the legislature may alter and reduce the rate of tolls, 
 and other profits, so that the net income shall not exceed 
 twelve per cent, for the next twelve years, calculating the 
 amount of transportation on the road to be the same, as in the 
 twelve preceding years, and at the expiration of every twelve 
 years 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 raikoad, taking the 
 basis of calculation as aforesaid, without the consent of said 
 corporation. And provided further, that the legisla ture may 
 instead of reducing said tolls and profits to twelve per cent., 
 appropriate the surplus to the public schools of the State. 
 
 Sect. 6. That the legislature may authorize any other com- 
 pany or companies to connect any other railroad or raiboads 
 with the railroad of said corporation, at any points of intersec- 
 tion on the route of said railroad. And said corporation shall 
 receive and transport all persons, 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 therewith at the same 
 rates of toll and freight, as may be prescribed by said corpora- 
 tion, so that the rates of freight and toll on such passengers, 
 goods and other property as may be received from such other 
 railroads, so connected with said railroad as aforesaid, shall 
 not exceed the general rates of freight and toll on said rail- 
 road received for freight and passengers, &c., at any of the 
 deposits of said corporation. 
 
 Sect. 7. That the directors of said corparation for the time 
 being are hereby authorized to erect toll-houses, establish 
 gates, appoint toll-gatherers, and demand toll on the road, 
 when completed, and upon such parts thereof as shall from 
 time to time be completed. 
 
PORTLAND, SACO AND PORTSMOUTH RAILROAD. 5] 9 
 
 Sect. 8. 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, mentis, &o., 
 
 . .J may settle 
 
 the guardian of such infant, or person non compos mentis, ana claims, 
 such feme covert, with the guardian of her husband shall have 
 full power and authority to agree and settle with said corpora- 
 tion, for damages, or claims for damages, by reason of taking 
 such land and estate aforesaid, and give good and valid re- 
 leases and discharges therefor. 
 
 Sect. 9. That if any person shall wilfully and maliciously, or 
 wantonly and contrary to law, obstruct the passage of any car- jj„^ punished, 
 riage on said railroad, or in any way spoil, injure or destroy 
 said railroad, or any part thereof, or anything belonging 
 thereto, or any material or implements to be employed in the 
 \ fionstruction or for the use of said road, he, she or they, or 
 any person or persons assisting, aiding or abetting such tres- 
 pass, shall forfeit and pay to said corporation for every such 
 offence, treble siich damages as shall 'be proved before the 
 justice, court or jury before wliom 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 ofl&cer whom 
 they may direct, to the use of said corporation. And such 
 offender or offenders shall be liable to indictment by the 
 grand jury of the county within which trespass shall have 
 been committed, for any offence or offences contrary to the 
 above provisions ; and upon conviction thereof before any court 
 eompetent to try the same, 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 such conviction may be had. 
 
 Sect. 10. That the annual meeting of the members of said 
 corporation shall be holden on the first Monday in June, ^nnaaiand 
 at such time and place as the directors for the time being fpeciai meet- 
 ehall appoint ; at which meeting the directors shall be chosen 
 by ballot, each proprietor being entitled to as many votes 
 as he holds shares; 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. 
 
520 
 
 POBTLAND, SACO AND POETSMOITTH EAILROAD. 
 
 Not to obstruct 
 private ways, 
 &c. ^ 
 
 Xiocation to be 
 how filed. 
 Amended 1840, 
 ctiap, 11. 
 
 To maintain 
 5)ridges. 
 
 Bridges over 
 
 Sect. 11. That if the said railroad, in the course thereof, 
 shall 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 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, highwa}', or private way, so 
 that the said 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 turn- 
 pike, railroad, highway, or private way. 
 
 Sect. 12. That if the said corporation shall not have been 
 oi'ganized, 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. forty, 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 hun- 
 dred and forty-six, in either of the above mentioned cases, this 
 act shall be null and void. 
 
 Sect. 13. That said railroad corporation shall constantly 
 maintain in good repair all bridges with their abutments, and 
 embankments, 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 turn- 
 pike over said railroad. 
 
 Sect. 14. That if said raUroad shall in the course thereof, 
 cross any tide waters, navigable rivers, or streams, the said 
 corporation be and they hereby are authorized and empower- 
 ed to erect for the sole and exclusive travel on their said rail- 
 road, 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. 15. That the books of said corporation shall at all 
 
POETLAND, SACO AND PORTSMOUTH RAILROAD. 521 
 
 times be open to the inspection of the governor and council, 
 and of any committee duly authorized by the legislature; and fpenfo^nspec- 
 at the expiration of every twelve years, the treasurer of said won- 
 corporation shall make an exhibit under oath to the legisla- 
 ture of the net profits derived from tfie income of said rail- 
 road. 
 
 Sect. 16. That an act entitled "an act concerning cor- Act of March 
 porations" 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. 17. That the said corporation shall at all times, when 
 the postmaster general shall require it, be hold en to transport m°J^"^ 
 the mail of the United States from and to such place or places 
 on said road as required, for a fair and reasonable compensa- 
 tion. And in case the corporation aiid the postmaster general 
 shall be unable to agree upon the compensation aforesaid, the 
 legislature of the State shall determine the same; and said '^'""p™™''™- 
 |oorporation, after they shall commence the receiving of tolls, 
 shall be bound at aU 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 
 to receive at all proper times and places and convey the same 
 when the appropriate tolls therefor shall be paid or tendered ; 
 and a Hen is hereby created on all articles transported for said 
 tolls. Approved March 14, 1837. 
 
 LAWS OF 1840, CHAP. 14. 
 
 An act to extend the time to locate and construct tlie Portland, Saco and 
 Portsmouth Railroad. 
 
 Be it enacted, <&c. That there shall be allowed four years 
 to do and perform each of the several acts and things Time extended, 
 required to be done by the twelfth section of the act entitled 
 "an act to establish the Portland, Saco and Portsmouth Rail- 
 road Company," in addition to the several times therein 
 allowed to do and perform the same. Approved February 
 14, 1840. 
 
 33 
 
522 
 
 Change of 
 location. 
 
 PORTLAND, SACO AND PORTSMOUTH RAILROAD. 
 
 LAWS OF 1841, CHAP. 93. 
 
 An act additional to an act, entitled "am act to establish the Portland, 
 Saco and Portsmouth Railroad Company." 
 
 Be it enacted, &c. That the Portland, Saco and Ports- 
 mouth Raih'oad Company be, and they are hereby authorized 
 and empowered to locate, constract and finally complete, alter 
 and keep in repair, their said railroad, from some point or 
 place in or near the city of Portland, through the towns of 
 Scarborough, Saco, Kennebunk, "Wells, York or South Ber- 
 wick, Kittei-y, and the intermediate towns, to the ]!^ew Hamp- 
 shire, at such place as will best connect with the railroad 
 constrncted, or to be constructed, from Portsmouth to Boston, 
 and that the first section of the act to which this is additional 
 be, and the same hereby is, so amended accordingly: fro- 
 vided, however, that said road shall pass south of South Ber- 
 wick village and Chadbourne's Hill, so called, in said town of 
 South Berwick. Approved February 17, 1841. 
 
 To increase 
 capital stock. 
 
 To take stock 
 in other roads. 
 
 LAWS OP 1848, CHAP. 139. 
 
 An act authorizing the Portland, Saco and Portsmouth Railroad Company 
 to increase their capital stock, and for other purposes. 
 
 Be it enacted, c&c. Sect. 1. The Portland, Saco and Ports- 
 mouth Railroad Company are hereby authorized to increase 
 their capital stock three thousand shares, not exceeding one 
 himdred dollars a share. 
 
 Sect. 2. The Portland, Saco and Portsmouth Railroad Com- 
 pany are hereby authorized and empowered to subscribe for, 
 take and hold shares or stock to an amount not exceeding one 
 hundred thousand dollars in any railroad or roads which are 
 now incorporated and established by the laws of this State 
 within the limits of the same. Approved August 3, 1848. 
 
 LAWS OP 1866, CHAP. 138. 
 
 An act in relation to the running of trains on the Portland, Saco and 
 Portsmouth Railroad. 
 
 Beit enacted, c&c. Sect. 1. The Portland, Saco and Ports- 
 mouth Railroad Company, and enginemen in its service, are 
 
PORTLAKD, SACO AKD PORTSMOUTH EAILEOAD. 523 
 
 hereby exempted from the duty of stopping regular passenger 
 trains arriving on time at the point of crossing, upon said fto^prtvfsions 
 road, as required by the forty-eighth section of the fifty-first of sec. 48, oh. 
 chapter of the revised statutes, when approaching the point 
 near the south end of the depot of the Portland and Kennebec 
 Railroad Company in Portland, where the track of the last 
 named company, running to its freight house, intersects and 
 crosses the track of the former ; none of the penalties imposed 
 by said forty-eighth section shall be incurred by said company 
 or its servants, by omitting to stop such trains when approach- 
 ing the point aforesaid ; 'provided, that nothing herein con- 
 tained shall be construed to confer on such trains any right of 
 priority to the use of the way, over trains of the Portland and 
 Kennebec Eailroad Company. 
 
 Sect. 2. This act shall take effect when approved by the 
 governor; Approved February 21, 1866. 
 
 LAWS OF 1867, CHAP. 256. 
 
 An act to authorize the Portland, Saoo and Portsmouth Eailroad Company 
 to aid the construction of the European and Xorth American Railway. 
 
 Beit enacted, die. Sect. 1. The Portland, Saco and Ports- 
 mouth Eailroad Company is hereby authorized to subscribe to ^' ^' * ^" ^■ 
 
 ':■'•' E. may sub- 
 
 the capital stock of the European and North American Kail- scribe to stock 
 way Company, or to the construction land bonds of said com- ^ q^™ 
 pany, or in such other form as the two companies may agree, 
 a sum not exceeding five hundred thousand dollars. And said 
 Portland, Saco and Portsmouth Eailroad Company may 
 
 . r J J Capital stock 
 
 increase its capital stock to such an amount as they may pay of former road 
 over to the European and North American Eailway Comipany *'"='^«*^"'- 
 to aid the construction of its line, but not to exceed in all five 
 thousand shares of capital stock in addition to that now auth- 
 orized by law. And said Portland, Saco and Portsmouth Loan of bonds, 
 Railroad Company may loan its bonds to the amount of five 1™'**°^ con- 
 hundred thousand dollars to said European and North Ameri- 
 can Eailway Company, in lieu of a subscription to the stock 
 or bonds of said last named company, on such terms as the 
 two corporations may agree upon by vote of the stockholders 
 thereof respectively. 
 
 ^ 
 
524 
 
 PORTLAJTO, SACO AND PORTSMOUTH RAILEOAD. 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved February 12, 1867. 
 
 Capital In- 
 creased to 
 $2,000,000. 
 
 Stock, how 
 divided, and 
 shares, how 
 disposed of. 
 
 Conditions. 
 
 LAWS OF 1868, CHAP. 586. 
 
 An act to increase the capital stock of the Portland, Saco and Portsmouth 
 Bailroad Company. 
 
 Be it enacted, c&c. Sect. 1. The Portland, Saco and 
 Portsmouth Kailroad Company is hereby authorized to in- 
 crease its capital stock, to the extent of five hundred thousand 
 dollars, so that the whole capital stock of said company shall 
 be two millions dollars, instead of the amount now established. 
 
 Sect. 2. The additional stock hereby created shall be divided 
 into shares of one hundred dollars each, which shall be the 
 established par value of the same; and in case the same are 
 not taken by the stockholders in proportion to the amount of 
 stock held by them severally, the said shares or stock may be 
 disposed of by the directors, at not less than par value, as 
 they may deem best for the interest of the corporation. 
 
 Sect. 3. This act shall be subject to all the privileges, 
 liabilities and conditions of the original charter of said com- 
 pany. 
 
 Sect. 4. This act shall take effect when approved. Ap- 
 proved February 27, 1868. 
 
 Subscriptions 
 for stock, 
 authorized. 
 
 ProTiso. 
 
 LAWS OP 1869, CHAP. 116. 
 
 An act to allow the Portland, Saco and Portsmouth Railroad Company to 
 take stock in the Portland, Bangor and Machias Steamboat Company. 
 
 Beit enacted, C&C. Sect. 1. The Portland, Saco and Ports- 
 mouth Eailroad Company is hereby authorized to subscribe 
 for and take stock in the Portland, Bangor and Machias Steam- 
 boat Company, to an amount not exceeding thirty thousand 
 dollars ; provided the same shall be authorized by a meeting 
 of the stockholders duly convened. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 18, 1869. 
 
POKTLAND, SACO AND PORTSMOUTH EAILEOAD. 525 
 
 LAWS OP 1872, CHAP. 66. 
 
 An act to authorize the Portland, Saco and Portsmouth Railroad Company 
 to construct a railroad from Kitteryto Biddeford. 
 
 Be it enacted, die. Sect. 1. The Portland, Saco and Ports- 
 mouth Railroad Company is hereby authorized to locate, con- ^^ate"nd*cmi- 
 strnct, maintain and operate a railroad from some convenient struct railroad, 
 point on its present line in the town of Kittery, through the 
 towns of Kittery, York, Wells, Kennebunk and Kennebunk- 
 port, to some convenient point on its present line in the city 
 of Biddeford, in the county of York, or to such point in said 
 town of Kennebunkport, with the right to extend branches Kigtt '» extend 
 eastward towards the ocean; with all the rights, powers, 
 privileges and immunities of similar railroad corporations Powers, privi- 
 under the laws of this State, and subject to like liabilities ; ^ff^^^" 
 provided, however, that nothing in this act shall authorize 
 said company to discontinue or cease from operating their road 
 from Kittery to Biddeford over the present line of its rail- 
 road. 
 
 Sect. 2.f Said corporation is authorized to increase its capi- 
 tal stock by a sum not exceeding fifteen hundred thousand ^^ it^i stock 
 dollars over and above the amount of its capital heretofore authorized f» 
 authorized, and to divide the same into shares, and issue stock 
 for such amount as shall be found necessary for the purposes 
 aforesaid. 
 
 Sect. 3. It shall be the duty of said corporation to make a „ , . ^ 
 
 •' ^ Eoad, when to 
 
 survey of its main line of road within two years, and to con- be surveyed 
 struct the same within four years, and if it shall fail so to do structed. 
 this act shall be void, otherwise it shall remain in full force. 
 
 Sect. 4. This act shall take effect when approved. Ap- 
 proved February 8, 187^. 
 
 LAWS OF 1873, CHAP. 388. 
 
 An act additional to an act entitled "an act to establish the Portland, 
 Saco and Portsmouth Railroad Company." 
 
 Be it enacted, c&c. Sect. 1. The Portland, Saco and Ports- 
 mouth Railroad Company is hereby authorized to extend, 
 locate, construct and maintain its railroad from some conven- railroad 
 
 Authorized to 
 extend 
 
526 
 
 PORTLAND, SACO AND PORTSMOUTH RAILROAD. 
 
 Route. 
 
 Amended 1874, 
 ch. 523. 
 
 Authorized to 
 take and hold 
 land. 
 
 PxovlBO. 
 
 Land or other 
 railroads not to 
 he taken. 
 
 Not to obstruct 
 the rights of 
 other railroads. 
 
 Not to increase 
 number of 
 tracks. 
 
 Time allowed 
 for locating and 
 constructing 
 railroad. 
 
 ieiit point on its present line in Cape Elizabeth or Portland, 
 so as to enable it to secure such suitable and convenient termi- 
 nal facilities, and depot accommodations as it shall find to be 
 necessary, in the city of Portland, as far as Union street in 
 said city. And said company is authorized to take, acquire 
 and hold such lands as may be necessary for said purposes ; 
 provided, however, that nothing herein contained shall author- 
 ize said railroad corporation to take the land of another rail- 
 road within the limits of their actual way location acquired by 
 purchase or otherwise, or their necessary depot grounds, with- 
 out the written consent of said companies, except in case of 
 crossing said roads, and except as provided by the general 
 laws of the State. And it is further provided, that said com- 
 pany shall not construct its roadway so as to prevent any rail- 
 way company from having suitable and convenient access to 
 the wharves, nor shall any track be laid across the wharves 
 and docks in said city below the head of such docks or slips; 
 and nothing herein shall authorize said company to increase 
 the number of tracks now authorized by law upon any portion 
 of the highway and county bridge, leading from Cape Eliza- 
 beth to said city of Portland, unless said company shall con- 
 struct a suitable overhead bridge from some point on the Port- 
 land bridge to Brackett street, easterly of the Boston and 
 Maine location, with a way for heavy teams to pass from 
 Commercial street to said Portland bridge at grade, both to 
 be acceptable to the county commissioners of Cumberland 
 county. 
 
 Sect. 2. Said company is allowed three years in which to 
 locate according to the terms herein contained, and the right 
 to so locate is hereby limited to such a time. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved February 27, 1873. 
 
 LAWS OF 1874, CHAP. 523. 
 
 An act to amend chapter three hundred and eighty-eight of the private 
 and special laws of eighteen hundred and seventy-three, relating to the 
 rights of the Portland, Saco and Portsmouth Railroad Company. 
 
 Be it enacted, c&c. Sect. 1. Section one of chapter three 
 
Authorized to 
 extend railroad, 
 
 PORTLAND, SACO AND PORTSMOUTH RAILROAD. 527 
 
 hundred and eighty-eight of the private and special laws of ch. 388, special 
 eighteen hnndred and seventy-three is hereby amended by arendmentof. 
 inserting after the word "Braekett" in the fourth line from the 
 end of said section the words "or Clark," so that said section 
 when amended shall read as follows : 
 
 "Sect. 1. The Portland, Saco and Portsmoutli Railroad 
 Company is hereby authorized to extend, locate, construct, 
 and maintain its railroad from some convenient point on its 
 present line in Cape Elizabeth or Portland, so as to enable it 
 to secure such suitable and convenient terminal facilities, and 
 depot accommodations, as it shall find to be necessary in the 
 city of Portland, as far as Union street in said city, and said 
 company is authorized to take, acquire and hold such lands hold lands, &c. 
 as may be necessary for said purposes, provided, however, proviso, 
 that nothing herein contained shall authorize said railroad 
 corporation to take the land of another railroad within the 
 limits of their actual way location acquired by purchase or 
 otherwise, or their necessary depot grounds, without the writ- 
 ten consent of said companies, except in case of crossing said 
 roads, and except as provided by the general laws of the State ; 
 and it is further provided, that said company shall not con- Not to obstruct 
 struct its roadway so as to prevent any railway company from *"™^' *" 
 having suitable and convenient access to the wharves, nor other railroads, 
 shall any track ' be laid across the wharves and docks in said 
 city, below tlie head of such docks or slips, and nothing here- 
 in shall authorize said company to increase the number of „ , . . 
 tracks now authorized by law upon any portion of the high- number of 
 way and county bridge, leading from Cape Elizabeth to said ^^ ^' 
 city of Portland, unless said company shall construct a suita- 
 ble overhead bridge from some point on the Portland bridge 
 to Braekett or Clark street, easterly of the Boston and Maine 
 location, with a way for heavy teams to pass from Commercial 
 street to said Portland bridge at grade, both to be acceptable 
 to the county commissioners of Cumberland county." 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 20, 1874. 
 
528 POETSMOUTH, GREAT FALLS AND CONWAY KAILEOAD. 
 
 PORTSMOUTH, GREAT FALLS AND CONWAY 
 RAILROAD. 
 
 This road commences at Brock's Crossing, upon tlie Portland, Saco and 
 Portsmouth Eailroad in South Berwick, and crosses the Boston and Maine 
 at Salmon Falls into New Hampshire, and then recrosses the Salmon Falls 
 river into the town of Sanf ord and thence after running about three- 
 quarters of a mile crosses the river again into New Hampshire. Its entire 
 length of track in the State is about four and one-quarter miles. It is 
 under the management of the Eastern Eailroad Company, and extends to 
 North Conway, New Hampshire, seventy miles. It was chartered by the 
 name of the Great Falls, and South Berwick Branch Eailroad Company. 
 
 Corpoiators; 
 
 Corporate 
 name. 
 
 Suldect to act 
 of Feb 16,1836, 
 and act of 
 Maroli 1, 1837. 
 
 Powers and 
 privileges of 
 tlie corporation. 
 
 LAWS OF 1841, CHAP. 143. 
 
 An act to establish the Great Falls and South Berwick Branch Eailroad 
 
 Company. 
 
 ,Be it enacted, die. Sect. 1. That William A. Hayes, 
 Charles N. Cogswell, Theodore F. Jewett, Thomas Jewett, 
 John P. Lord, Eichard Waldron, Thomas Goodwin, 2d, 
 Charles E. Bartlett, Granville C. Wallingford, Hiram H. 
 Hobbs, John Hubbard, John Goodwin, John Frost, James 
 Goodwin, and their associates, successors, and assigns, be and 
 they hereby are made a body politic and corporate by the 
 name of the Great Falls and Sonth Berwick Branch Railroad 
 Company, and by that name shall have all the powers, privi- 
 leges, and immunities, and be subject to all the duties and 
 liabilities provided and prescribed in an act passed on the six- 
 teenth of February, eighteen hundred and thirty-six, entitled 
 "an act concerning corporations," and an act defining certain 
 rights and duties of railroad corporations, passed the first of 
 March, eighteen hundred and thirty-six, and shall be and 
 hereby are invested with all the powers, privileges, and im- 
 munities, which are or may be necessary to carry into eflfect 
 the purposes and objects of this act, as hereinafter set forth. 
 And the said corporation are hereby authorized and empow- 
 ered, to locate, construct, and finally complete, alter, and keep 
 in repair, a railroad with one or more set of rails, or tracks. 
 
POETSMOUTH, GREAT FALLS AND CONWAY EAILEOAD. 529 
 
 with all suitable bridges, viaducts, turnouts, culverts, drains, 
 and all other necessary appendages, from some point or place, 
 in or near the line of the State of New Hampshire, at a point 
 near Great Falls, in the town of Berwick, through said Ber- 
 wick and South Berwick, until it shall intersect the Portland, 
 Saco and Portsmouth Railroad, in said South Berwick. And 
 for this purpose said corporation shall have the right to take May take and 
 and hold so much of the land, and other real estate of private '^"i^ "^^^^ estate, 
 persons, as may be convenient for the construction, location, 
 and convenient operation of their railroad ; and they shall 
 also have the right to take, remove, and use, for the construc- 
 tion and repair of said railroad and appurtenances, any earth, 
 stone, gravel, timber, or other materials, on or from the land 
 so taken ; provided, however, that said land shall not exceed Road may be 
 four rods in width, except where greater width is necessary °" '» ^ wi e 
 for the purpose of excavation or embankment ; and provided, p^, . 
 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 ascertain- 
 ed 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 limi- 
 tations, as are by law provided in the case of damages by 
 laying out highways ; and the land so taken by said coi-pora- 
 tion shall be held as lands taken and held for public highways. 
 And no application to said commissioners to estimate said Art' to 
 damages shall be sustained, unless made within three years commissioners 
 from the time of taking such land or other property ; or, when three years" 
 it has already been taken, within one year from the time of 
 passing this act ; and in case such railroad shall pass through 
 any wood lands, or forests, the said company shall have the 
 right to fell or remove any trees standing therein, within four 
 rods from such road, which by their liability to be blown down trees. 
 or from their natural falling, might obstruct or impair such 
 railroad, by paying a just compensation therefor, to be recov- 
 ered in the same manner, as is provided for the recovery of 
 other damages in this act. 
 
530 PORTSMOUTH, GREAT FALLS AND CONWAY RAILROAD. 
 
 Capital stock. 
 
 Number of 
 directors, and 
 how chosen. 
 
 Qaorum, 
 President. 
 Clerk. 
 Treasurer. 
 
 Subscription 
 books, where 
 opened. 
 
 First meeting, 
 notice of. 
 
 Powers of 
 ofBcers. 
 
 Sect. 2. That the capital stock of said corporation shall con- 
 sist of not less than one thousand nor more than three thousand 
 shares, and the immediate government and direction of the 
 affairs of said corporation shall be vested in seven, nine or thir- 
 teen directors, who shall be chosen by the members of said cor- 
 poration 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 transaction of business ; and they shall elect one of their 
 number to be 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 treasurer, who shall give bonds to the 
 corporation with sureties to the satisfaction of the direc- 
 tors in a sum not less than five thousand dollars, for the faith- 
 ful discharge of his trust. And for the purpose of receiv- 
 ing 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 county of York, in 
 this State, and the counties of Strafford and Rockingham, 
 in New Hampshire, and the city of Boston, in Massachu- 
 setts, and elsewhere, as they shall appoint, to remain open 
 for ten siiccessive days, of which time and place of subscrip- 
 tion, public notice shall be given in some newspaper printed 
 in Kennebunk, Portsmouth, and Boston, twenty days pre- 
 vious to the opening such subscription ; and in case the 
 amount subscribed shall exceed three thousand shares, the 
 same shall be distributed among all the subscribers, according 
 to such regulations as the persons having charge of the open- 
 ing 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 meet- 
 ing of said corporation by giving notice in one or more news- 
 papers published in Kennebunk, Portsmouth, or Boston, 
 of the time and place and purpose 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 
 
PORTSMOUTH, GREAT FALLS AND CONWAT KAILEOAD. 531 
 
 agents, to exercise all the powers herein granted to the corpo- 
 ration for the purpose of locating, constructing, and com- 
 pleting said railroad, and for the transportation of persons, 
 goods, and property of all descriptions, and all such power 
 and authority for the management of the aifairs 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 descrip- 
 tions, to make such equal assessments from time to time on all 
 the shares in said corporation as they may deem expedient and Assessments, 
 
 -, , . T J? J.1 11 notice and 
 
 necessary m the execution and progress oi the work, and coUectionof. 
 
 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 by-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 
 
 subscriber, 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; provided, however, that no 
 assessment shall be laid upon any shares in said corporation 
 of a greater amount in the whole than one hundred dollars. 
 
 Sect. 4. That said corporation shall have power to make, or- 
 dain and establish all necessary by-laws and regulations consis- 
 tent with the constitution and 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 trans- 
 
 Sale of shares. 
 
 By-laws. 
 
 Toll. 
 
532 PORTSMOUTH, GREAT FALLS AND CONWAY RAILROAD. 
 
 Net income of 
 company after 
 twelve years, 
 how disposed 
 of. 
 
 When legisla- 
 ture may 
 reduce rate of 
 toU. 
 
 Surplus may 
 he applied to 
 puhlic schools. 
 
 Connection 
 with other 
 roads. 
 
 ported upon said road, at sucli rate 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 weights 
 of loads, and all other matters and things in relation to the 
 use of said road shall be in conformity with such rules, regula- 
 tions and provisions as the directors shall from time to time 
 prescribe and direct. Provided, however, that if at the expi- 
 ration of twelve years from and after the completion of said 
 road, the net income or receipts, from tolls and other profits, 
 taking the twelve years aforesaid as the basis of calculation, 
 shall have amounted to more than twelve per cent, per annum 
 upon the cost of the road and incidental expenses, the legisla- 
 tm-e may alter and reduce the rate of tolls and other profits, 
 so that the net income shall not exceed twelve per cent, for the 
 next twelve years, calculating the amount of transportation on 
 the road to be the same as in the twelve preceding years, and at 
 the expiration of every twelve years thereafter, the same pro- 
 ceedings may be had. And further provided,ih.a,t the legisla- 
 ture 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, taking the basis of calculation as aforesaid, without 
 the consent of said corporation. And provided further, 
 that the legislature may, instead of reducing said tolls and 
 profits to twelve per cent, appropriate the surplus to the public 
 schools of the State. 
 
 Sect. 6. That the legislature ma,y authorize any other com- 
 pany or companies, to connect any other railroad or railroads 
 with the railroad of said corporation, at any points of intersec- 
 tion on the route of said railroad. And said corporation shall 
 receive and transport all persons, goods and property of all 
 descriptions, which may be carried and transported to the rail- 
 road of said corporation, on such other railroads as may be 
 hereafter authorized to be connected therewith, at the same 
 rates of toll and freight as may be prescribed by said corpora- 
 tion, so that the rates of freight and ' toll on such passengers, 
 goods and other property as may be received from such other 
 railroads so connected with said railroad as aforesaid, shall not 
 
PORTSMOUTH, GREAT FALLS AND CONWAY RAILROAD. 533 
 
 exceed the general rates of freight and toll ou said railroad, 
 received for freight and passengers, &e., at any of the deposits 
 of said corporation. 
 
 Sect. 7. That the directors of said corporation, for the time Tou-houses, 
 being, are hereby authorized to erect toll-houses, establish 8**6^, &o. 
 gates, appoint toll-gatherers, and demand toll on the road, 
 when completed, and upon such parts thereof as shall from 
 time to time be completed. 
 
 Sect. 8. That when said corporation shall take any land or Damages for 
 other estate as aforesaid, of any infant, person non corrvpos Tnen- ^^eon notT** "^ 
 tis, or feme covert whose husband is under guardianship, the compos mentis, 
 
 ,.,.,.»,. J- 1 or feme covert, 
 
 guardian ot such intant or person non compos mentis, and how settled for. 
 such feme covert, with the guardian of her husband, shall have 
 full power and authority to agree and settle vdth said corpo- 
 ration 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;. 9. That if any person shall wilfully and maliciously, 
 or wantonly and contrary to law, obstruct the passage of any injury to. 
 carriage on said railroad, or in any way spoil, injure, or de- 
 stroy said i-ailroad, or any part thereof, or anything 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 tres- 
 pass, 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 corporation. And 
 such offender or oifenders, shall be liable to indictment by the Offenders, iiow 
 grand jury of the county within which the 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 expeeding 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 such conviction shall be had. 
 
534 
 
 POKTSMOTJTH, GEEAT FALLS AND CONWAY EAILKOAD, 
 
 Annual 
 meeting. 
 
 Special meet- 
 inga. 
 
 Passage of 
 private ways, 
 danal or turn- 
 pike, or other 
 ways. 
 
 To be organized 
 by Dec. 31, 1842, 
 or this act to be 
 void. 
 
 Bridges to be 
 kept in good 
 repair. 
 
 Sect. 10. That the annual meeting of the members of said 
 corporation shall be holden on the first Monday In May, at such 
 time and place as the directors, for the time being, shall ap- 
 point, at which meeting the directors shall be chosen by ballot, 
 each proprietor being entitled to as many votes as he holds 
 shares; 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 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; andif eaid 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 said railroad, if 
 necessary, may conveniently pass over or under 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. 12. That if the said corporation shall not have been 
 organized, and the location according to the actual survey of 
 the route, filed with the county commissioners of the county of 
 York, on or before the thirty-first day of December, in the 
 year of our Lord one thousand eight hundred and forty-two, 
 or if 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-four, in either. of 
 the above mentioned cases, this act shall be null and void. 
 
 Sect. 13. That said railroad corporation shall constantly 
 maintain, in good repair, all bridges, with their abutments and 
 embankments, 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. li. That if said railroad shall in the course thereof, 
 
PORTSMOUTH, GREAT FALLS AND CONWAT RAILROAD. 535 
 
 cross any tide waters, navigable rivers, or streams, the said cor- crossing of tide 
 poration be, and they are hereby authorized and empowered to ^^^^'^^^^^^ 
 erect for the sole and exclusive travel on said railroad, a bridge 
 across each of said rivers or streams, or across any such tide 
 waters ; provided, that such bridge or bridges shall be so con- 
 structed as not to obstruct or impede the navigation of said 
 waters. 
 
 Sect. 15. That the books of said corporation shall, at all 
 times, be open to the inspection of the governor and coimcil, ^p^^ j^ inspec- 
 and of any committee duly authorized "by the legislature : and t'"" of governor 
 
 ■' •' » .1 and council, 
 
 at the expiration of every twelve years, the treasurer of said &c. 
 :■ corporation shall make an exhibit, under oath, to the legisla- 
 ture of the net profits derived from the income of said railroad. 
 Sect. 16. That an act entitled an act concerning eorpora- 
 
 ,. T f AotofMarcIi 
 
 tions, passed March seventeenth, in the year of our Lord one n, issi, not to 
 thousand eight hundred and thirty-one shall not extend or *^^'^' 
 apply to the company hereby incorporated. 
 
 Sect. lY. That the said corporation shall, at all times, be hold- 
 en, whea the postmaster general shall require it, to transport the coinpany to 
 mail of the United States from and to such place or places on '^^J ^' ®" 
 said road as required, for a fair and reasonable compensation. 
 And in case the corporation and the postmaster general shall 
 be unable to agree upon the compensation aforesaid, the legis- 
 lature of the State shall determine the same. And said 
 corporation, after they shall commence 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 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 toUs. 
 
 \ Sect. 18. That said corporation be, and they are hereby company may 
 authorized and empowered to lease a part, or the entire right, ^^^^ *" °*^^^ 
 to use their road by locomoti^^e engines, cars, carriages, or 
 other vehicles, to any railroad corporation established by this 
 State, and upon such terms as they deem proper, who are 
 hereby authorized to hire the same. Apj)roved March 31, 
 184] . 
 
536 
 
 PORTSMOUTH, GREAT PALLS AND CO^TWAT RAtLROAD. 
 
 Charter 
 revivea. 
 
 Survey to be 
 filed Jan. 1, 
 1856. 
 
 Amended 1853, 
 cbap. 186. 
 
 LAWS OF 1848, CHAP. 102. 
 
 An act to revive and establish the Great Falls and South Berwick Branch 
 Railroad Company. 
 
 Be it enacted, c&c. That an act entitled "an act to estab- 
 lish the Great Falls and South Berwick Branch Kailroad 
 Company," approved the thirty-first day of March, in the 
 year of our Lord one thousand eight hundred and foi-ty-one, 
 be and the same is hereby revived, and said act shall hereafter 
 be of the same force, authority and effect as if the same had 
 been enacted by this legislature ; provided, said corporation 
 shall be organized, and the location according to the actual 
 survey of the route shall be filed with the county commission- 
 ers of the county of York, on or beforei the first day of Janu- 
 ary, in the year of our Lord one thousand eight hundred and 
 fifty ; and said railroad shall be completed on or before the 
 first day of July in the year of our Lord one thousand eight 
 hundred and fifty-two. Approved June 8, 1848. 
 
 May unite with 
 Great Falls R. 
 E. Co. in N. H. 
 
 Great Palls & 
 S. B. B. R. R. 
 Go. and the 
 Great Falls and 
 Conway E. R. 
 Co. united by 
 name of P. G. 
 F. <S;C. R R. 
 
 LAWS OF 1848, CHAP. 103. 
 
 An act to unite the Great Falls and South Berwick Branch Railroad 
 Company, in Maine, with the Great Falls and Conway Railroad Company 
 in New Hampshire. 
 
 JBe it enacted, (&c. Sect. 1. That the stockholders of the 
 Great Falls and South Berwick Branch Kailroad Corporation, 
 in Maine, are hereby constituted stockholders of the Great 
 Falls and Conway Kailroad Company, a body corporate and 
 politic, duly constituted and existing under the laws of the 
 State of New Hampshire ; and the stockholders of the said 
 Great Falls and Conway Kailroad Company in New Hamp- 
 shire, are hereby constituted stockholders of the said Great 
 Falls and South Berwick Branch Kailroad Corporation in 
 Maine ; and the said two corporations are hereby made one 
 corporation by the name of the Portsmouth, Great Falls, and 
 Conway Kailroad Company, and all the franchises, property, 
 powers, and privileges granted or acquired under the authority 
 of said States respectively, shall be held and enjoyed by all 
 the said stockholders in proportion to the number of shares or 
 
rORTSMOUTH, GREAT PALLS AND COKWAT RAILROAD. 537 
 
 amount of property held by them respectively in either or 
 both of said corporations. 
 Sect. 2. One or more of the directors of said Portsmouth, 
 
 -I-, .1 1 1 11 11 •. 1' One director 
 
 Great Falls, and Oonway Railroad, shall at all times be an an inhabitant 
 inhabitant of this State, on whom process against said company °^ Maine, 
 may be legally served ; and the said company shall be held 
 to answer in the jurisdiction where the service is made and 
 the process is returnable. 
 
 Sect. 3. The said company and the stockholders therein, Liabmties of 
 so far as their road is situated in Maine, shall be subject to all stockholders, 
 the duties and liabilities of the Great Falls and South Berwick 
 Branch Eailroad Corporation and the general laws of this 
 State regulating corporations. 
 
 Sect. 4. This act shall not take effect until the same, and 
 
 , Act when to 
 
 also an act of the legislature of New Hampshire authorizing take effect, 
 the union of said corporations, shall have been accepted by the 
 stockholders of said two corporations respectively at legal 
 meetings called for that purpose. Approved June 15, 1848. 
 
 LAWS OP 1848, CHAP. 172. 
 
 An act in addition to "an act to establish the Great Falls and South 
 Berwick Branch Railroad Company." 
 
 Be it enacted, dec. Sect. 1. That the said Great Falls and 
 South Berwick Branch Eailroad Company are hereby author- route author- 
 ized to extend, locate, construct and complete their railroad to ^^' 
 a line of the State of New Hampshire, at such point in the 
 towns of Berwick or South Berwick, as the directors of said 
 corporation shall decide will be most for the interest of their 
 stockholders, and most convenient to the public ; and the said 
 corporation are hereby further authorized to locate, extend, 
 construct, and complete their railroad through the towns of 
 EHot and Kittery, to the boundary line of the State of New 
 Hampshire, near the Portsmouth bridge, if in the opinion of 
 the directors of said corporation the interest of their stock- 
 holders and the public good will be promoted thereby. Ap- 
 proved, August 10, 1848. 
 
 34 
 
538 PORTSMOUTH, GEEAT FALLS AND CONWAY RA.ILROAD. 
 
 LAWS OF 1851, CHAP. 436. 
 
 Extension of 
 time to file 
 location, also to 
 complete the 
 road. 
 
 Act, when to 
 take effect. 
 
 An act to extend the time for filing the location and the time for complet- 
 ing the railroad of the G-reat Falls and South Berwick Branch Rail- 
 road Company. 
 
 £e it enacted, c&c. Sect. 1. The time for filing with the 
 county commissioner of the county of York, the location of 
 the route for the railroad of the Great Falls and South Ber- 
 wick Branch Railroad Company is hereby extended to the first 
 day of January, in the year of our Lord one thousand eight 
 hundred and fifty-two ; and the time for completing said rail- 
 road is hereby extended to the first day of January in the year 
 of our Lord eighteen hundred and fifty-four, and the location 
 and completion of said railroad within the periods above limited 
 shall have the same force and effect as if the same had been 
 done within the periods limited in the charter of said corpora- 
 tion, or in the amendments and additions thereto. 
 
 Sect. 2. This act shall take effect and 'be in force from the 
 time of its passage. Approved June 3, 1851. 
 
 LAWS OF 1852, CHAP. 498. 
 
 An act relating to the Great Falls and Conway Railroad. 
 
 Privilege to 
 cross into the 
 State of Maine. 
 
 Distance 
 limited. 
 
 May hold 
 property. 
 
 Be it enacted, die. Sect. 1. The Great Falls and Conway 
 Railroad, a corporation established and existing by force of 
 the laws of the State of New Hampshire, be and they hereby 
 are authorized and empowered to cross with their railroad, 
 the Salmon Falls river, from Milton, in said State of New 
 Hampshire near the outlet of the "three ponds" so called, into 
 Lebanon, in this State, and thence to pass through said 
 Lebanon a distance not exceeding three thousand feet and 
 recross said Salmon Falls river into said Milton and they are 
 hereby further authorized and empowered to take, purchase 
 and hold so much real estate in said Lebanon for a depot and 
 for the track of said railroad, as they may deem necessary for 
 these purposes. 
 
 Sect. 2. This act shall take effect from and after its ap- 
 proval by the governor. Approved March 4, 1852. 
 
PORTSMOUTH, GEEAT PALLS AND CONWAT RAILEOAD. 539 
 
 LAWS OF 1853, CHAP. 186.— [Extba Session.] 
 
 An act in amendment of an act entitled "an act to extend the time of 
 filing the location and the time for completing the railroad of the Great 
 Falls and South Berwick Branch Railroad Company." 
 
 Be it enacted, c&c. Sect. 1. The time for filing; the loca- 
 
 j . 1 .1 T . ,• , . . PI Time for filing 
 
 tion 01 said rauroad with the county commissioners of the location, 
 county of York, is hereby extended to the first day of J anuary, 
 eighteen hundred and fifty-five ; and said company is hereby 
 authorized to file a new location thereof; and the time for com- 
 , pleting said railroad is extended to the first day of January, pi^4g°ro''^" 
 eighteen hundred and fifty-six. 
 Sect. 2. All acts and parts of acts inconsistent with the inconsistent 
 
 n ■ T n , ,. 1 , IT acts repealed. 
 
 provisions oi said first section, are hereby repealed. 
 
 Sect. 3. This act shall take effect and be in force from the 
 time of its passage. Approved September 23, 1863. 
 
 LAWS OF 1866, CHAP. 64. 
 
 An act to enable the Portsmouth, Great Falls and Conway Railroad, to 
 exercise the powers and to become subject to the duties of other rail- 
 roads in this State. 
 
 Be it enacted, (&c. That the Portsmouth, Great Falls and 
 Conway Railroad, a corporation organized under the laws of p"operTy a°nd 
 New Hampshire, having purchased the track and all the prop- franchises of 
 ertyand franchises of the G-reat Falls and South Berwick roads made 
 Branch Railroad, and of the Great Falls and Conwav Railroad, ™"'^' ''"'^^ 
 
 « ) powers and 
 
 BO far as their track so purchased Hes in this State, be, and they "!"««» °f same 
 hereby are authorized to exercise all the rights, powers and "^^^^ ^"* " 
 privileges and made subject to all the duties of other railroad 
 corporations in this State; and the said purchase of said fran- 
 chises and property is hereby approved. Approved February 
 9, 1866. 
 
540 
 
 SOMERSET RAILROAD COMPANY. 
 
 THE SOMERSET RAILROAD COMPAM 
 
 Is, open from West Waterville to Madison and the oars are running to 
 the latter place. • 
 
 Corporators. 
 
 Corporate 
 name. 
 
 General powers 
 and duties. 
 
 Authorized to 
 locate and 
 construct 
 railroad. 
 
 Location. 
 Amended 1871, 
 cbap, 703; and 
 1874, chap. 487 
 and 534. 
 
 LAWS OF 1860, CHAP. 465. 
 
 t 
 
 An act to incorporate the Somerset Railroad Company. 
 
 JBe it enacted, dhc. Sect. 1. George C. Getchell, William 
 K. Flint, Franklin Smith, S. W. Hapgood, Bradbury T. 
 Dinsmore, O. K. Batchelder, Edmund Coolidge, Thaddeus 
 Boothby, Edgar Hilton, Benjamin Hilton, Jonas M. Halton, 
 Nathan Wood, Nathan Weston, RufusBixby, John S.Abbott, 
 Dennis Moore, David Danforth, Edmund Eowe, Stephen D. 
 Lindsey, their associates, successors and assigns, are hereby 
 made and constituted a body politic and corporate, by the 
 name of the Somerset Railroad Company, and by that name 
 may sue and be sued, plead and be impleaded, and shall have 
 and enjoy all proper remedies at law and in equity to secure 
 and protect them in the exercise and use of the rights and 
 privileges, and in the performance of the duties hereinafter 
 granted and enjoined ; and to prevent all invasions thereof or 
 interruptions in exercising and performing the same. And 
 the said corporation are hereby authorized and enipowered to 
 locate, construct, and iinally complete, alter, keep in repair, a 
 railroad with one or more sets of rails or tracks, with all suit- 
 able bridges, timnels, viaducts, turnouts, culverts, drains, and 
 all other necessary appendages, from some point in the county 
 of Somerset, at or near Carratunk falls, on either side of the 
 Kennebec river ; thence down the valley of the Kennebec 
 river through either of the towns adjacent to said river, pass- 
 ing through the villages in the towns of Anson and Norridge- 
 wock, and through Fairfield to the town of Water,ville, in the 
 county of Kennebec, with the right to connect with the 
 Androscoggin and Kennebec or Somerset and Kennebec Rail- 
 roads in the town of Waterville. And said corporation shall 
 
SOMEESET KAILROAD COMPANY, 541 
 
 be and hereby are invested with all the powers, privileges and 
 immunities which are or may be necessary to carry into effect ]^g^BT&c""' 
 the purposes and objects of this act as herein set forth. 
 And for this purpose said corporation shall have the right 
 to purchase or, to take and hold, so much of the laud and 
 other real estate of private persons and corporations as may ^^1^°^^ "^ 
 be necessary for the location, construction, and convenient 
 operation of said railroad ; and they shall also have the 
 right to take, remove and use for the construction and re- 
 pair of said railroad 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 six rods in width, except where greater width is neces- 
 sary for the purposes of excavation or embankment. And j.„rther 
 provided, also, that in all cases, said corporation shall pay proviso, 
 for such lands, estate, or materials so taken and used, such 
 
 ' ' , Prices of mate- 
 
 price as they and the owner or respective owners thereof may rials, &c., how 
 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 limi- 
 tations, as are by law provided in the case of damages by the 
 laying out of highways ; and the land so taken by said cor- 
 poration shall be held as lands taken and appropriated for 
 highways. And no application to said commissioners to 
 estimate said damages shall be sustained, unless made within ^PP^^a"""'" 
 
 o ' damages, when 
 
 three years from the time of taking such land or other pro- ^naae. 
 perty ; and in case such railroad shall pass through any wood- 
 lands or forests, the said company shall have a right to fell or 
 remove any trees standing; therein, within four rods from such 
 
 J 1 ■ 1 1 , n. , .,. -,11 n ^ 1 . KigMtofeUand 
 
 road, which by their liability to be blown down, or from their remove trees, 
 natural falling, might obstruct or impair said railroad, by pay- 
 ing a just compensation therefor, to be recovered in the same 
 manner as provided for the recovery of other damages in this 
 act. 
 
 Sect. 2. The capital stock of said corporation shall con- capital stock 
 sist of not less than one thousand, nor more than six thou- 
 
542 
 
 SOMERSET EAILEOAD COMPANY. 
 
 61 Me. 381. 
 Amended 1869, 
 chap. 175; and 
 1874, chap. 487. 
 
 Government to 
 be vested in a 
 board of 
 directors. 
 
 President. 
 
 Clerk. 
 
 Treasurer. 
 
 Books to be 
 opened for 
 subscription to 
 stock, &c. 
 
 Notice, how 
 given. 
 
 First meeting, 
 how called. 
 
 Lands taken 
 from persons 
 under guar- 
 dianship, &c., 
 damages, how 
 adjusted. 
 
 sand shares; and the immediate government and direction 
 of the affairs of said corporation shall be vested in nine, 
 eleven or thirteen directors, who shall be chosen by the mem- 
 bers of said corporation, in the manner hereinafter provided, 
 and shall hold their office until others shall have been duly 
 elected and qxialified to take their place, a majority of whom 
 shall form a quorum for the transaction of business ; and they 
 shall elect one of their number to be president of the corpo- 
 ration ; and shall have authority to choose a clerk who shall 
 be sworn to the faithful discharge of his duty, and a treas- 
 urer, who shall be sworn, and also give bonds to the corpora- 
 tion, with sureties to the satisfaction of the directors, in a sum 
 not less than ten thousand dollars for the faithful discharge 
 of his trust. And for the purpose of receiving subscription 
 to the said stock, books shall be opened under the dii-ection of 
 the persons named in the first section of this act, at such time 
 as they may determine, in the towns of Solon, Anson, Madison 
 and Norridgewock, and elsewhere as they shall appoint to 
 remain open for five successive days, at least, of which time 
 and place of subscription public notice shall be given in one 
 or more of the newspapers printed in the county of Somerset, 
 ten days before the opening of such subscription. 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 
 for the choice of directors and organization, by giving notice 
 in one or more newspapers published as above named, of the 
 time and place, and the purposes of 6uch- meeting, at least 
 fourteen days before the time mentioned in such notice. 
 
 Sect. 3. 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 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 corpora- 
 tion, for damages, or claims for damages, by^ reason of taking 
 such land and estate as aforesaid, and give good and valid 
 releases and discharges therefor. 
 
 Sect. 4. The president and directors for the time being. 
 
SOMERSET RAILROAD COMPAKT. 543 
 
 are hereby authorized and empowered by themselves or their president anf 
 
 agents, to exencise all the powers herein granted to the corpo- ^o'^°^"n(, 
 
 ration for the purpose of locating, constructing, and completing duties of. 
 
 said railroad, and for the transportation of persons, goods, and 
 
 property of all descriptions, and all such powers and authority 
 
 for the management 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 corpo- —may purchase 
 
 ration for the use of said road, and for the transportation of '*"^' *°' 
 
 persons, goods and property,' of all descriptions ; to make 
 
 sueh equal assessment from time to time, on all the shares 
 
 in said corporation, as they may deem expedient and nee- Assessments, 
 
 essary, in the execution and the progress of the work, and '""'^ ™*'^^' 
 
 ■" 1 , 61116.384. 
 
 direct the same to be paid to the treasurer of the corpora- 
 tion. And the treasurer shall give notice of all such assess- 
 ments ; and in case any subscriber or stockholder shall neglect Notice, how 
 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 by-laws of said corporation, the directors may order 
 the treasurer to sell such share or shares, at public auc- 
 tion, after giving such notice as may be prescribed as afore- 
 said, to the highest bidder, and the same shall be trans- 
 ferred to the purchaser, and such delinquent subscriber or shares of deiin- 
 
 quent sub- 
 
 stockholder shall be held accountable to the corporation for serihers, how 
 
 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: provided, however ^ that no assessments shall be proTiso.' 
 
 laid upon any shares in said corporation of a greater amount 
 
 in the whole than one hundred dollars. 
 
 Sect. 5. A toll 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 trans- 
 ported by them upon said road, at such rate as may be agreed 
 upon and established from time to time by the directors 
 of said corporation. The transportation of persons and pro- 
 
544 
 
 SOMERSET EAILROAB COMPANY. 
 
 Transportation, 
 
 construction, 
 
 &c. 
 
 Connection 
 witti otlier 
 roads, &a. 
 
 —transporta- 
 tion of persons, 
 goods, &c., 
 from otlier 
 roads. 
 
 Private ways, 
 crossing of. 
 
 — canals, turn- 
 pikes, &c., 
 crossing of. 
 
 Fences. 
 
 perty — the construction of wheels, the form of cars and car- 
 riages, the weights of loads, and all other matt#rs and things 
 in relation to said road shall be in conformity with such rules, 
 regulations, and provisions as the directors shall from time 
 to time prescribe and direct. 
 
 Sect. 6. The legislature may authorize any other company 
 or companies to connect any other railroad or railroads with 
 the railroad of said corporation, at any points on the route 
 of said railroad. And said corporation shall receive and 
 transport all persons, goods, and property, of all descrip- 
 tions, which may be carried and transported, to the railroad 
 of said corporation, on such other railroads as may be 
 hereafter authorized to. be connected therewith at the same 
 rates of toll and freight, as may be prescribed by said corpora- 
 tion, so that the rat^s of freight and toll on such passengers, 
 goods and other property as may be received from such other 
 railroads, so connected with said road as aforesaid, shall not 
 exceed the general rates of freight and toll on said railroad 
 received for freight and passengers, at any of the deposits of 
 said corporation. 
 
 Sect. 7. If 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 said railroad shall, in the course thereof, 
 cross any canal, railroad, or other highway, the said railroad 
 shall be so constructed as not to obstruct the safe and con- 
 venient use of such canal or highway ; and the said corpora- 
 tion shall have power to raise or lower such highway or private 
 way, so that the said railroad, if necessary, may conveniently 
 pass over or under the same, and erect such gate or gates 
 thereon as may be necessary for the safety of travellers on 
 said railroad, highway, or private way, and shall keep all 
 bridges and embankments necessary for the same in good 
 repair. 
 
 Sect. 8. Said railroad corporation shall erect and maintain 
 substantial, legal and suificient fences on each side of the land 
 taken by them for their railroad, where the same passes through 
 enclosed or improved lands, or lands that may be hereafter 
 improved. 
 
SOMERSET RAILROAD COMPANY. 545 
 
 Sect. 9. The said corporation shall at all times when the jj^.j . 
 postmaster general shall require it, be holden to transport the t^tion of. 
 mail of the United States, from and to such place or places on 
 said road as may be required for a fair and reasonable com- , 
 
 , . In 0*86 of disa- 
 
 pensation. And in case the corporation and the postmaster greement, how- 
 general shall be unable to agree upon the compensation afore- 
 said, the legislature of the State shall determine the same. Duty and owi- 
 And said corporation after they shall commence the receiving 8*""'" of com- 
 
 L ^ D pany to keep 
 
 of tolls, shall be bound at all times to have said railroad in road m repair, 
 good repair, and a sufficient number of suitable engines, car- 
 riages and vehicles for 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 j^. ., 
 
 paid or tendered ; and a lien is hereby created on all articles 
 transported for said tolls. And said corporation fulfilling on 
 its part all and singular, the several obligations and duties by 
 this section imposed and enjoined upon it, shall not be held Not bound to 
 or bound to allow any engine, locomotive, cars, carriages or engine, &o., 
 other vehicles for the transportation of persons or merchandise "^^'^^'^^ *!>«'' 
 
 ^ ^ own to pass 
 
 to pass over said railroad, other than its own furnished and over said, 
 provided for that purpose as herein enjoined and required ; 
 provided, however, that said corporation shall be under obli- 
 gations to transport over said road the passenger and other 
 cars of any other incorporated company that may hereafter 
 construct a railroad connecting with that hereby authorized, 
 such other company being subject to all the provisions of the 
 fifth and sixth sections of this act as to rates of toll and all 
 pther particulars enumerated in said sections. 
 Sect. 10. If any person shall wilfully and maliciously, or 
 
 ,111 1 ^ Malicious 
 
 wantonly and contrary to law, obstruct the passage of any car- mischief, 
 riages on such railroad, or in any way spoil, injure, or destroy *'^«w**^' *"■ 
 said railroad, or any part thereof, or anything belonging 
 thereto, or any materials or implements to be employed in the 
 construction of or for the use of said road, he, she or they, or j-orfeitures 
 any person or persons assisting, aiding or abetting such tres- penalty, &c. 
 pass, 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 
 
546 
 
 SOMERSET RAILEOAD COMPANY. 
 
 Account of dis- 
 bursements, 
 &c., how kept. 
 
 Annual exhibit. 
 
 Beal estate, 
 how and when 
 taxable. 
 
 Shares shall Be 
 deemed per- 
 sonal estate, 
 
 Net Income 
 over ten per 
 cent, how dis- 
 posed of, &c. 
 
 sued foi" 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 corporation. And such 
 oflfender or offenders shall be liable to indictment by the 
 grand jury of the county within which 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 five 
 hundred dollars to the use of the State, or may be imprisoned 
 for a term not exceeding five years, at the discretion of the 
 court before whom such conviction may be had. 
 
 Sect. 11. Said corporation shall keep in a book for that 
 purpose a regular account of all their disbursements, expendi- 
 tures and receipts, and the books of said corporation shall at 
 all times be open to the inspection of the governor and coun- 
 cil, and of any committee duly authorized by the legislature, 
 and at the expiration of every year the treasurer of said cor- 
 poration shall make an exhibit under oath to the legislature 
 of the profits derived from the income of said railroad. 
 
 .Sect. 12. All real estate purchased by said corporation for 
 the use of the same under 'the fourth section of this act shall 
 be taxable to said corporation by the several cities, towns and 
 plantations in which said land lies in the same manner as lands 
 owned by private persons and shall in the valuation list he 
 estimated the same as other adjacent lands of the same quality 
 in such city, town or plantation and not otherwise, and the 
 shares owned by the respective stockholders shall be deemed 
 personal estate and be taxable as such to the owners thereof 
 in the places where they reside and have their homes. And 
 whenever the net income of said corporation shall have 
 amounted to ten per cent, per annum upon the cost of the 
 road and its appendages and incidental expenses, the directors 
 shall make a special report of the fact to the legislature, from 
 and after which time one moiety or such other portion as the 
 legislature may from time to time determine of the net income 
 of said railroad accruing thereafter over and above ten per 
 cent, per annum first to be paid to the stockholders shall an- 
 nually be paid over to the treasurer of said corporation as a 
 
SOMERSET RAILROAD COMPANY. 547 
 
 tax in the treasury of the State for the use of the State ; and 
 the State may have and maintain an action against said cor- 
 poration therefor to recover the same; but no other tax than 
 herein is provided shall ever be levied or assessed on said cor- 
 poration or any of their privileges or franchises. 
 
 Sect. 13. The annual meeting of the members of said cor- 
 poration shall be holden on the first Monday in January, or me^w. 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors for the time being shall ap- 
 point, at which meeting the directors shall be chosen by ballot, Directors, how 
 each proprietor by himself or proxy being entitled to as many " °^^^' 
 votes as he holds shares; and the directors are hereby author- 
 ized to call special meetings of the stockholders, whenever they special 
 shall deem it expedient and proper, giving such notice as the ™^^ '" 
 corporation by their by-laws shall direct. 
 
 Sect. 14. If the said corporation shall not have been or- 
 ganized, and the location accordinar to actual survey of the Organization, 
 
 ° ' . , time of limited 
 
 route filed with the county commissioners of the counties Amended isee, 
 through which the same shall pass, on or before the first day "J'^p- ^l }^^' 
 
 Gil3>Pi 544 f 1871, 
 
 of January, in the year of our Lord one thousand eight hun- chap. 703. 
 dred and sixty-five, or if the said corporation shall fail to 
 ; complete said railroad to Anson, on or before the first day of 
 January, in the year of our Lord one thousand eight hundred Railroad 
 and sixty-nine, in either of the above mentioned cases, this act completion of 
 shall be null and void. Approved March 19, 1860. 
 
 LAWS OF 1866, CHAP. 86. 
 
 An act to extend the provisions of an act entitled "an act to incorporate 
 the Somerset Railroad Company," approved March nineteenth, in the 
 year eighteen hundred and sixty. 
 
 Be it enacted, (&c. The provisions of an act of the legis- 
 lature of Maine, approved March nineteenth, in the year gpedaiiaws 
 eighteen hundred and sixty, entitled "an act to incorporate iseo, revived, 
 the Somerset Railroad Company," are hereby revived, renewed Amended ises, 
 and extended, so that said company may avail themselves of ''^^^' ^**' 
 said act ; provided the said corporation shall have been organ- proviso, 
 ized, and the location according to actual survey filed, as stip- 
 ulated in said act, on or before the first day of March, in the 
 
548 
 
 SOMERSET EAILROAD COMPANY. 
 
 year eighteen hundred and seventy, and said road completed 
 to Anson village on or before the first day of March, in the 
 year eighteen hundred and seventy-two. Approved Febru- 
 ary 15, 1866. 
 
 Amendment. 
 Additional, 
 1869, chap. 113. 
 
 Provisions of 
 former act re- 
 newed, &c. 
 
 Proviso. 
 
 Corporation 
 may convey 
 Tights, fran- 
 chise and prop- 
 erty to any 
 other railroad. 
 
 other railroad 
 corporations 
 authorized to 
 assume same. 
 
 LAWS OF 1868, CHAP. 544. 
 
 An act to amend chapter eighty-six of the private and special laws of 
 eighteen hundred and sixty-six, relating to Somerset Eailroad. 
 
 Be it enacted, c&c. Sect. 1. Chapter eighty-six of the 
 private and special laws of eighteen hundred and sixty-six is 
 hereby amended, by striking out the words "to Anson village," 
 so that said chapter shall read as follows : 
 
 "The provisions of an act of the legislature of Maine, ap- 
 proved March nineteenth, in the year eighteen hundred and 
 sixty, entitled an act to incorporate the Somerset Railroad 
 Company, are hereby revived, renewed and extended, so that 
 said company may avail themselves of said act ; provided the 
 said corporation shall have been organized, and the location, 
 according to actual survey, filed, as stipulated in said act, on 
 or before the first day of March, in the year eighteen hundred 
 and seventy, and said road completed to Carratunk falls, on 
 or before the first day of March, in the year eighteen hundred 
 and seventy-two. 
 
 Sect. 2. This corporation is hereby authorized, by a major- 
 ity vote of its stockholders at a legal meeting, to lease, sell 
 and transfer to any other railroad corporation in this State, all 
 rights, privileges and franchises, and all property, real, per- 
 sonal and mixed, acquired by virtue of the act of incorpora^ 
 tion of said company, or any act amendatory thereof; and 
 such railroad company is hereby authorized to take, by lease 
 or purchase, the rights, franchises and property of said Somer- 
 set Eailroad Corporation, and may enter into any contract for 
 operating the line of said railroad coporation, and to subscribe 
 to the stock of said Somerset Railroad Company. Approved 
 February 20, 1868. 
 
SOMEESET RAILROAD COMPANY. 549 
 
 LAWS OF 1869, CHAP. 113. 
 
 An act in addition to chapter five hundred and forty-four of the private 
 and special laws of eighteen hundred and sixty-eight, in relation to the 
 Somerset Railroad Company. 
 
 Se it enacted, <&e. Sect. 1. The Maine Central Eailroad 
 Company, by vote of its directors, is hereby authorized to sub- cr^^i'stockof 
 scribe to the capital stock of the Somerset Eailroad Company, somerset Eaii- 
 
 . . . T ■««■ . /^ 1 -i-« .1 T /~i road authorized 
 
 and any subscription by said Maine Central Kailroad Company and made 
 to said stock, made in pursuance of any existing votes of the ™'"*" 
 directors, shall be valid and binding ; provided, such votes of 
 the directors shall be ratified and confirmed by the stock- 
 holders of said company, at a legal meeting thereof. 
 
 Sect. 2. This act thall take effect when approved. Ap- 
 proved February 18, 1869. 
 
 LAWS OF 1869, CHAP. 175. 
 An act to increase the capital stock of the Somerset Railroad Company. 
 
 Be it enacted, die. Sect. 1. The charter of the Somerset 
 Eailroad Company is hereby amended, so that the capital coSofnot*" 
 stock of said corporation shall consist of not less than one less than i,ooo, 
 thousand nor more than ten thousand shares. io,ooo shares. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 26, 1869. 
 
 LAWS OF 1870, CHAP. 480. 
 
 , An act authorizing the town of Concord to aid in the construction of the 
 Somerset Eailroad. 
 
 Beit enacted, c&c. Sect. 1. The town of Concord, at any May raise 
 legal meeting duly notified and held for that purpose, may ^"Xaiono" 
 raise by taX or loan a sum of money not exceeding ten thou- somerset 
 sand dollars, to aid in the construction of the Somerset Eail- 
 road, in such manner as they shall deem proper, provided that 
 two-thirds of the legal voters present and voting at such meet- 
 ing shall vote therefor. 
 
 Town author- 
 
 oECT. 2. The town of Concord may make such contract ized to contract 
 with the Somerset Eailroai Company for the purposes named ^r. """"^"^ 
 
550 
 
 SOMEESET RAILROAD COMPANY. 
 
 Three percent, 
 of amoiint of 
 loan shall he 
 raised each 
 year and paid 
 on debt. 
 
 Selectmen 
 authorized to 
 vote upon stock 
 held by said 
 town. 
 
 in the preceding section as they may think necessary, and 
 may raise money by tax or loan to carry the same into eifect, 
 not exceeding the amount stated in the preceding section. 
 
 Sect. 3. The town of Concord shall raise in each year, com- 
 mencing the third year after a loan shall be effected, should 
 the money be raised by loan, a snm not less than three per 
 cent, of the amount of such loan, to be applied to the liquida- 
 tion of the principal of such loan, in addition to the interest, 
 unless the same shall be satisfactorily provided for in some 
 other way. 
 
 Sect. 4. The selectmen of the town of Concord are author- 
 ized to vote upon the stock held by said town, at all meetings 
 of said railroad corporation, or appoint an agent for that pur- 
 pose, by writing, under their hands. 
 
 Sect. 5. This act shall take effect when approved. Ap- 
 proved March 17, 1870. 
 
 Som. Bailroad 
 Co. authorized 
 to locate and 
 extend Its road 
 to Bingham. 
 
 Three years' 
 additional time 
 allowed to com- 
 plete road. 
 
 LAWS OF 1871, CHAP. 703. 
 
 An act to authorize the extension of the Somerset Railroad to Bingham 
 village, and for the completion of the same to Carratunk falls. 
 
 Be it enacted, &c. Sect. 1. The Somerset Eailroad Com- 
 pany is hereby authorized to locate and extend its railroad 
 from its present northern terminus, on either side of Kennebec 
 river, to Bingham village. 
 
 Sect. 2. A further time of three years, in addition to the 
 time now limited by law, is hereby allowed for the completion 
 of the Somerset Railroad to Carratunk falls. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved February 24, 1871. 
 
 Authorized to 
 extend railroad. 
 
 Eoute and 
 
 connection. 
 
 LAWS OF 1874, CHAP. 487. 
 An act for the extension of the Somerset Railroad. 
 
 Be it enacted, c&c. Sect. 1. The Somerset Railroad, a 
 corporation existing under authority of law, is hereby author- 
 ized to locate and extend its railroad from its present northern 
 terminus in Bingham, northerly by the most feasible route 
 through the town of Moscow and plantations to Canada line 
 
SOMERSET EAILEOAD COMPANY. 551 
 
 to connect with the Levis and Kennebec railroad, and con- 
 struct, maintain and operate such extended road, with all the KigiKs, priYi- 
 
 leges and im- 
 
 rights, powers, privileges and immunities in respect thereto mimiUeB. 
 of similar railroad corporations under the general laws of this 
 State and subject to like liabilities and duties. 
 Sect. 2. Said corporation is authorized to increase its cap- 
 
 ' '■ Capital stock, 
 
 ital stock by a sum not exceeding one million five hundred authorized to 
 thousand dollars over and above the amount of its capital '°*'''''^®- 
 heretofore authorized, and to divide the same into shares and scares. ' 
 issue its stock for such amount thereof as shall be found neces- 
 sary to construct said extended road. 
 
 Sect. 3. It shall be the duty of said corporation to make a 
 survey of the line of said extended road within three years, of road, time 
 and to complete the same so that cars can run thereon within °^' i™"*''' 
 seven years, and if it shall fail to do either within the time 
 thus designated, this act shall become void. 
 
 Sect. 4. This act shall take effect 'when approved. Aj?- 
 proved February 17, 1874:. 
 
 LAWS OF 1874, CHAP. 534. 
 
 , An act authoriziag the Somerset Eailroad Company to build a branch to 
 Dodlin Granite Quarry. 
 
 Be it enacted, &c. Sect. 1. The Somerset Eailroad Com- , ^^ ■ .. 
 
 Autnorizea to 
 
 pany is authorized to locate, build and operate a branch line locate and buiid 
 from some point, on the line of its railroad in Norridgewock *"'^"°'' '™^'' 
 to Dodlin granite quarry in said town, with the same rights -Bx^^ts, privi- 
 and privileges, and subject to the same duties and obligations '^eo' ^°<i 
 as is conferred and imposed on thend respecting their existing 
 road. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 f roved February 20, 1874. 
 
552 
 
 ST. CEOIX AND PENOBSCOT RAILROAD. 
 
 ST. CROIX AND PENOBSCOT RAILROAD. 
 
 This road is a merger of the Cilais and Baring, and of the Lewy's 
 Island railroads into one organization, under a new charter. It extends 
 from Calais to Princeton, twenty-two miles. 
 
 The Calais Railway Company was organized under the act of 1835, and 
 a horse railroad built from Calais to MiUtown. In 1849, the name was 
 changed to Calais and Baring Railway Company and the road extended 
 to Baring, and run by steam power in 1852. 
 
 The Lewy's Island Railroad was chartered in 1854, and opened to the 
 public in the spring of 1856. The road was mortgaged to the city of Calais 
 for $150,000, to secure the Calais bonds. The bond holders took the road 
 in 1862, and run it until 1870, when the bond holders conveyed their inter- 
 est to the St. Croix and Penobscot Railroad Company. This deed is re- 
 corded in Washington County Registry of Deeds, book 136, page 388. 
 The first mortgage is recorded in book 87, page 136. The mortgage to 
 S. T. King et als., trustees of second mortgage bondholders is recorded 
 in book 88, page 366. Both mortgages have been foreclosed. In 1870, 
 the Calais and Baring Railway Company was changed to St. Croix and 
 Penobscot Railroad Company. 
 
 Corporators. 
 Amended 1835, 
 cliap. 550. 
 
 Name. 
 
 Amended 1838, 
 chap. 409; 1819, 
 chap. 238. 
 
 Boute. 
 
 Amended 1819, 
 chap. 238; 1852, 
 chap. 587; 1870, 
 chap. 363; 1873, 
 chap. 324. 
 30 Me.. 498. 
 
 LAWS OF 1832, CHAP. 238. 
 An act to incorporate the Calais Railway Company. 
 
 J3e it enacted, <&c. Sect. 1. That William DeLesdernier, 
 Jones Dyer, Joseph Whitney, George Downes, and Otis L. 
 Bridges, 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 transportation of goods, lumber, and 
 other articles, a railway within the town of Calais,, in the 
 county of Washington, from the still water, at MiUtown, 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 
 repugnant to the laws of the State, and have all other powers 
 incident to corporations. ["Thirty years" repealed, 1849, 
 chap. 238.] 
 
ST. CKOIX AND PENOBSCOT RAILROAD. 553 
 
 Sect. 2. That the capital stock of said corporation shall be capital stock, 
 divided into shares of one hundred dollars each, and at all chap. 587; isto, 
 meetings of said corporation, each proprietor shall be entitled "''^p- ^'• 
 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 _, 
 annually, on the iirst Monday of May, choose a board of five and other 
 directors, and aU other oflBcers, which they may deem neces- 
 sary. 
 
 Sect. 4. That said corporation may take and hold by gift, May take prop- 
 grant, bargain and sale, or by lease, any estate real or person- Amended i849 
 al, to an amount not exceeding fifty thousand dollars in value, <>^^p- ^38; i87o, 
 and the same or any part thereof may sell and convey at chap. 324. 
 pleasure. 
 
 Sect. 5. That for the transportation of articles upon said 
 railway the said corporation are hereby authorized to demand ^^,j 
 and receive from the owners thereof, a toll not exceeding the Amended I837, 
 following rates, viz., for transporting the whole distance of chap 238; 1852! 
 said railway, a cord of wood fifty cents, clapboards per thou- °^*P' ^'• 
 sand 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 thou- 
 sand feet board measure; provided, that after the expira- 
 tion of ten years from the passage of this act, the above rate 
 of tolls shall be subject to further regulation by the legislature. 
 
 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 repai? and fit for use, a good and convenient [rail] ^^ P™^<i6 
 road, constructed of suitable materials ; and provide fit vehi- 
 cles and carriages, with all necessary apparatus for the safe 
 35 
 
554 
 
 ST. CROIX AND PENOBSCOT RAILROAD. 
 
 and speedy conveyance of all such articles as they may be re- 
 quired to transport upon said railv^ay ; 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 
 Not to obstruct ^^ construed as to permit said corporation, by their railway 
 any other road, aforesaid to obstruct any existing public road, or to impede 
 travellers from passing thereon with ease, safety, and conve- 
 nience, or to preclude the town or county, in which said rail- 
 way 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 t^e 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 February 17, 1832. 
 
 First meeting. 
 
 To be com- 
 pleted in tbree 
 years. 
 
 To be com- 
 pleted Feb. 17, 
 1835. 
 
 Amended 1835, 
 chap. 550; 1837, 
 chap. 373, sect. 
 5; 1838, chap. 
 409; 1852, chap. 
 587. 
 
 New members. 
 
 LAWS OF 1835, CHAP. 550. 
 An act additional to an "act to incorporate tlie Calais Railway Company." 
 
 Be it enacted, c&e. Sect. 1. 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 
 railway, 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 con- 
 tinue in full force in the same maimer 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 Sfeth 
 Emerson be and they hereby are associated with the original 
 corporators, and considered and deemed as members of said 
 original corporation, entitled to all the rights, privileges, and 
 immunities, and subject to all the duties, liabilities, and require- 
 ments contained in the act to which this act is additional. 
 
ST. CEOIX AND PENOBSCOT RAILROAD. 555 
 
 Sect. 3. That the extension of time granted in the first 
 section hereof, is upon the condition that the proviso contained gxtrasionof 
 in the fifth section of the original act incorporating said com- t™e. 
 pany, 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 incorpo- 
 ration, 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 origi- pj^gt meeting, 
 nal act, or in this additional act, may call the first meeting of 
 said corporation in the manner prescribed in the eighth sec- 
 tion of said original act. Approved March 10, 1835. 
 
 LAWS OF 1837, CHAP. 373. 
 An additional act to incorporate tlie Calais Railway Company. 
 
 Be it enacted, &c. Sect. 1. That the proprietors of the 
 Calais Railway Company be and hereby - are authorized to Additional 
 make, complete, and extend a railway from some point at Salt p"^*"- 
 Water Village, so called, in said Calais, that shall intersect 
 the railway leading from said village to Milltown Tillage, 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 subject to all the liabilities in 
 the statute of February the sixteenth, eighteen hundred and 
 thirty-six, entitled "an act concerning corporations," and in 
 the statute of March the first, eighteen hundred and thirty- 
 six, entitled "an act defining certain rights and duties of rail- 
 road 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 estab- 
 lished, for the sole benefit of said corporation, upon all pas- 
 sengers and property of all descriptions, which may be con- 
 veyed or transported upon said road, at such rates as may be 
 established from time to time, by the directors of said corpo- 
 ration. And the transportation of persons and property, the 
 construction of wheels, the forms of cars and carriages, the 
 
556 
 
 ST, CROIX AND PENOBSCOT KAILEOAD. 
 
 Toll houses. 
 
 Malicious mis- 
 cMef, how pun- 
 ished. 
 
 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, 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 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 the rate of twelve per centum per an- 
 num as aforesaid, as may be judged expedient. And the books 
 of said corporation, shall, at all times, be open to the inspec- 
 tion 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 completed, 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 car- 
 riage on said railroad, or in any way spoil, injure, or destroy 
 said railroad or any part thereof, or any thing belonging there- 
 to, or any material or implement to be employed in the con- 
 struction or for the use ot 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 cor- 
 poration, or other officer whom they may direct, to the use of 
 said corporation ; and such offender or offenders shall be lia- 
 ble to indictment by the grand inquest of the county, for any 
 offence or offences, contrary to the above provisions ; and on 
 conviction thereof, before any court of common pleas, to be 
 holden in said county, shall pay a fine not exceeding one hun- 
 
ST. CROIX AND PENOBSCOT RAILROAD. 557 
 
 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 the conviction may be had. 
 
 Sect. 5. That if said corporation shall fail to make and to be compiet- 
 complete said railroad, within four years from the time of the y^J^g °" 
 passing this act, then the same shall be null and void. 
 
 Sect. 6. That said corporation, after they shall commence 
 the receiving of tolls, shall be bound at all times to have said ^o keep road in 
 
 . repair. 
 
 railroad 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 there- 
 for shall be paid or tendered, and a lien is hereby created on 
 all articles transported for said tolls. Approved March 28, 
 1837. 
 
 LAWS OF 1838, CHAP. 409. 
 
 An act additional to "an act to incorporate the Calais Railway Company," 
 and to change the name thereof. 
 
 Be it enacted, dtc. Sect. 1. That a farther time of two 
 years from and after the time specified by an act of the legis- 
 lature 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 forfeit- 
 ing 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 
 Eailroad 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. 
 
 Be. it enacted, die. Sect. 1. The name of the Calais Rail- 
 road Company is hereby altered arid changed to the Calais 
 and Baring Railroad Company. 
 
 Extension of 
 time. 
 
 Name changed. 
 
 Name cliimged. 
 
558 
 
 ST. CROIX AND PENOBSCOT EAILEOAD. 
 
 May extend 
 road. 
 
 Sect. 2. The said company may take in any way by which 
 May take prop- t^ey now are, or may be authorized to do so, and hold any 
 
 erty, &c. i , -,. . , ■' 
 
 estate, real or personal, not exceedmg 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 authoriz- 
 ed 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 ter- 
 mination, down said river, over and in the vicinity of it to 
 any place not below Burnt Point, so called, in said Calais ; 
 and to extend from such parts of said road so e xtended as may 
 be found convenient, such branches as they may deem neces- 
 sary or useful, no one of which branches shall exceed one 
 hundred rods in length from the main trunk. 
 
 Sect. i. 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 comp ensation be delayed for ten 
 days, they may make available 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 conveni- 
 ently 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 notifying or calling any of the meetings of said, 
 company or the proceedings therein. 
 
 Sect. 6. The seventh section of the original act incorporat- 
 ing the Calais Railway Company^ approved the seventh day 
 of February in the year of our Lord eighteen hundred and 
 
 Toll. 
 
 Acts, &c,, 
 made valid. 
 
 Part of act of 
 1832, repealed. 
 
Capital Btock, 
 additional. 
 
 ST. CEOIX AND PENOBSCOT EAILEOAD. 559 
 
 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. 
 
 LAWS OF 1852, CHAP. 587. 
 
 An act additional to an act entitled "an act to incorporate the Calais and 
 Baring Eailroad Company." 
 
 Be it enacted, die. Sect. 1. The Calais and Baring Kail- 
 road Company may take, in anj' way in which they are now 
 authorized, or may hereafter be authorized, and hold any 
 estate real or personal, in addition to what they are now 
 authorized to take and hold, not exceeding at any one time, 
 the amount of five hundred thousand dollars, and the same 
 may from time to time, lease, sell and convey at pleasure. 
 
 Sect. 2. Said company may and they are hereby authorized 
 
 r J J J . ■' Authorized to 
 
 to extend their said road up the St. Croix river and in the extend their 
 vicinity of it to some point near the bridge at Louis island, so ™ " 
 called, and to extend from such points of said road so extend- 
 ed as may be found convenient, such branches as they may 
 deem necessary or useful, no one of which shall exceed one Branches lim- 
 mile in length from the main trunk, and the said company are '*'"^- 
 hereby authorized to connect, by niutual agreement, their said 
 road with any other road which may be made by any company 
 incorporated by this State or by the province of New Bruns- 
 wick, and shall have full power to manage and run their said 
 road in such connection. 
 
 Sect. 3. For any services said company may perform, they 
 may demand and collect such toll or compensation as they toU granted, 
 shall by their by-laws determine, and shall have the same 
 authority for collecting the same, and enforcing their claims 
 for the same, as the Calais and Baring Railroad Company now 
 have, and shall have all the powers provided by law for such 
 , corporations. 
 
 Sect. 4. No section or sections of said railroad shall be put 
 
 under contract to be built until three quarters of the cost of Three-fourths 
 
 ^ cost to be sub- 
 
 constructing said section or sections, to be estimated by a scribedbefore 
 
 competent engineer, shall be subscribed for by responsible f "al""^" '^''" 
 subscribers. 
 
560 ST. CEOix Amy penobscot railroad. 
 
 liimited to 
 three years. 
 
 Name changed. 
 
 StocMioiaers 
 entitled to one 
 
 Sect. 5. The time allowed for extending the road as pro- 
 vided in this act is hereby limited to three years from and 
 after the approval of the governor. Approved April 13, 
 
 1852. 
 
 LAWS OF 1870, CHAP. 363. 
 
 An act additional to "an act to incorporate the Calais Railway Company," 
 and tlie several acts additional thereto and amendatory thereof. 
 
 £e it enacted, (&c. Sect. 1. The name of the Calais and 
 Baring Railroad Company, is hereby altered and changed to 
 the St. Croix and Penobscot Railroad Company. 
 
 Sect. 2. The capital stock of said corporation is hereby in- 
 capitai stock creased to and established at two million dollars, and shares 
 
 increased. ' 
 
 and certificates of stock may be issued under the direction of 
 the stockholders of said corporation for the additional stock 
 hereby created on such terms as they may deem advisable. 
 Sect. 3. Eact stockholder in said corporation shall be 
 vote for each entitled to as many votes as he has shares. 
 
 share owned. 
 
 . „ . , ^ Sect. 4. The said corporation may purchase, take and hold 
 
 Authorized to jr ./ ir j 
 
 take and hold in any Way by which they now are or may be authorized, any 
 ai estate and estate, real or personal, not exceeding at any one time the 
 lease and seu amount of one million dollars, and the same from time to time 
 
 the same. ' 
 
 may lease, sell and convey at pleasure. 
 
 Sect. 5. Said corporation may, and they are hereby author- 
 Extension of jged to extend their said road up the Schoodiac river to any 
 
 road authorized » t> 
 
 to some point poiut in the town of Frmcton, and thence to some point on 
 v^A^^wa the line of the European and North American Railway, be- 
 tween the north line of the town of Lincoln and the south line 
 of the town of Milford ; 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 ; 
 and may connect their said road so extended with the railroad 
 now constructed from the line of the State near the Baring 
 boom, in Baring, thtough a portion of the province of New 
 Brunswick, to the line of the State at Sprague's falls, in Bailey- 
 ville, at each terminus thereof. 
 
 Sect. 6. For the purpose of extending their said road as 
 
ST. CEOIX AND PENOBSCOT RAILROAD. 5^1 
 
 / 
 aforesaid, said corporation is hereby duly and fully authorized Authorized to 
 and empowered to purchase, take and hold the Lewy's Island Lewy's island 
 Kail-road, together with the real estate, fixtures, rolling stock, Railroad, &o. 
 depot buildings and other property thereunto belonging, with 
 all the rights, privileges and appurtenances thereunto belong- 
 ing, and shall have and exercise the same rights and privi- 
 leges over said Lewy's Island Railroad, real estate, fixtures, 
 rolling stock, depot buildings and other property thereunto 
 belonging, as though the same were located by said St. Croix 
 and Penobscot Railroad Company. 
 Sect. 7. Said corporation is hereby invested with all the Powers and 
 
 . .-, 1 . ... 1.1 1 liabilities. 
 
 powers, privileges and immunities, which may be necessary 
 to carry into effect the objects and purposes of this act. 
 
 Sect. 8. The city of Calais is hereby duly authorized and 
 empowered to bargain, sell, assign, transfer and convey to caiaismay sen 
 the said St. Croix and Penobscot Railroad Company, said Baiiroad, witii 
 Lewy's Island Railroad, together with the real estate, fixtures, "^^^ ^^^^' "' 
 depot buildings and other property thereunto belonging, with 
 all the rights, privileges and appurtenances thereunto belong- 
 ing, on such terms and conditions as said city of Calais may 
 deem advisable ; and said city of Calais is hereby invested 
 with all the powers, privileges and immunities, which may be 
 necessary to carry into effect the object and purposes of this 
 act. 
 
 Sect. 9. All acts or parts of acts inconsistent with the pro- 
 visions of this act are hereby repealed. 
 
 Sect. 10. This act shall take effect when approved. Ap- 
 proved February 26, 1870. 
 
 LAWS OF 1873, CHAP. 324. 
 
 An act to amend "an act to incorporate the Calais Railway Company, and 
 amendatory acts thereto," relating to the St. Croix and Penobscot Rail- 
 road Company. 
 
 £e it enacted, c&c. Sect. 1. Section five of chapter three 
 hundred and sixty-three of special laws of eighteen hundred 
 and seventy, is hereby amended by inserting in the third line 
 of said section, between the words ."tlience" and "to," the 
 words "to Bangor or," so that said section as amended as 
 shall read as follows : 
 
562 
 
 ST. CEOIX AND PENOBSCOT RAILROAD. 
 
 Road, loute of, 
 extended. 
 
 —branches of. 
 
 — may connect 
 with other 
 roads. 
 
 May take and 
 hold land. 
 
 Proviso. 
 
 "Sect. 5. Said corporation may, and they are authorized 
 to extend said road up the Schoodiac rivrer to any point in 
 the town of Princeton, and thence to Bangor, or to some point 
 on the line of the European and l^orth American Railway, be- 
 tween the north line of the town of Lincoln and the south 
 line of the town of Milford ; 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, and may connect their said road so extended, 
 with the railroad now constructed from the line of the State 
 near the Baring boom, in Baring, through a portion of the pro- 
 vince of New Brunswick, to the line of the State at Sprague's 
 falls in Baileyville, at each terminus thereof." 
 
 Sect. 2. Said St. Croix and Penobscot Railroad Company 
 is authorized to take, acquire and hold such lands as may be 
 necessary for said purposes ; provided, however, that nothing 
 herein contained shall authorize said railroad corporation to 
 take the land of another railroad within the limits of their 
 actual way location, acquired by purchase or otherwise, or 
 their necessary depot grounds, without the written consent of 
 said companies, except as provided by the general laws of the 
 State. Approved February 19, 1873. 
 
 THE LEWY'S ISLAND RAILROAD. COMPANY 
 
 Corporators. 
 
 Is now owned by the St. Croix and Penobscot Railroad and was charter- 
 ed in 1854. 
 
 LAWS OF 1854, CHAP. 217. 
 
 Ah act to incorporate the Lewy's Island Railroad Company. 
 
 Be it enacted, c&e. Sect. 1. William Todd, Thomas J. 
 Copeland, "William Duren, Benjamin Young, James Belmore, 
 Frederic A. Pike, William E. McAUaster, Japhet H.McAllas- 
 ter, Joseph Granger, .George Downs, Samuel Kelley, D. K. 
 Chase, J. S. Cooper, G. W. Spratt, Putnam Eolf, H. F. Eaton, 
 
, ST. CEOIX AND PENOBSCOT RAILROAD. 563 
 
 J. E. Eaton, A. Gilma, S. T. King, John McAdam, Daniel 
 Hill, Horatio 'N. Hill, W. H. Boardman, L. L. Lowell, James 
 S. Hall, G.Eoster, Thomas Sawyer, WiUiamDeming, D. B. Bar- 
 nard, Z. Chapman, C. R. Whidden, E. Whidden,?. H. Glover, 
 E.A. Barnard, L. D. Sawyer, J anies Eobbins, Levi Whitney, 
 James Whitney, C. 0. P. Peabody, ,G. I^. Cole, G. D. King,N. 
 Lamb, E. C. Stickney, S. Darling, jr., J. K. Damon, T. J. D. 
 Fuller, John Gardiner, G. W. Dyer, M. Vickery, C. H. Kel- 
 ley, J. W. Tpdd, W. H. Tyler, F. K. Swan, J. W. Cox and S. 
 W. Smith, their associates, successors and assigns, are hereby 
 made and constituted a body politic and corporate by the 
 name of Lewy's Island Kailroad Company, and by that name corporate 
 may sue and be sued, plead and be impleaded, and shall enjoy °^'"^' 
 aU proper remedies, at law or in equity, to secure and protect 
 them in the exercise and use of the rights and privileges, and 
 in the performance of the duties hereinafter granted, and to General pow- 
 prevent all invasion thereof, or interruption in exercising and ' 
 performing the same. And the said corporation is hereby 
 authorized and empowered to locate and construct, and finally 
 complete, alter, and keep in repair, a railroad with one or more Location, con- 
 sets of rails, or tracks, with all suitable bridges, tunnels, via- . , ' „,' 
 
 ' ' . b > > Amended 1855, 
 
 ducts, turnouts, culverts, drains, and all other necessary appen- chap. 405. 
 dages, from tlie terminus in Baring of the Calais and Baring 
 Railroad through the towns of Baring, Baileyville and Prince- 
 ton, to some point on Lewy's lake in Princeton. And said 
 corporation shall be and hereby is invested with all the 
 powers, privileges and immunities which are or may be neces- 
 sary to carry into effect the purposes and objects of this act 
 as herein set forth. And for this purpose said corporation jj^y t^ke and 
 shall have the right to take and hold, or to purchase, so iioici real estate 
 much of the land, and other real estate of private persons and 
 ■ corporations as may be necessary for the location, construc- 
 tion, and convenient operation of said railroad ; and sliall 
 also have the right to take, remove, and use, for the construc- 
 tion and repair of said road and appurtenances, any earth, 
 stone, gravel, timber, or other materials, on or from the land 
 so taken; provided, however, the land so taken shall not exceed Proviso, 
 six rods in width, except where greater width is necessary for 
 
564 
 
 ST. CROIX AND PENOBSCOT RAILROAD. 
 
 Damages for 
 material taken. 
 
 —how deter- 
 mined. 
 
 — application 
 for, when to be 
 made. 
 
 Bight to remove 
 trees, &c. 
 
 — compensation 
 Ibr. 
 
 Powers, privi- 
 leges, &c. 
 
 Capital stock. 
 
 Directors. 
 
 President. 
 
 the purpose of excavation and embankment ; and provided, 
 also, in all cases, said corporation shall pay for such lands, 
 estate, or materials, such price as they and the respective 
 owner or owners thereof may mutually agree upon ; and in 
 case said parties shall not otherwise agree, then said cor- 
 poration shall pay such damages as shall be ascertained and 
 determined, by the county commissioners for the county of 
 Washington, in the same manner, and under the same con- 
 ditions as are by law provided in the case of laying out 
 highways ; and the land so taken by said coi-poration shall 
 be held as lands taken and appropriated for 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 lands and other property ; and in case said 
 railroad shall pass through any woodland or forests, the said 
 company shall have the right to remove or fell any of the 
 trees standing thereon within four rods from such road, which 
 by their liability to be blown down or from their natural fall- 
 ing, might obstruct or impair said railroad, by paying a jnet 
 compensation therefor, to be recovered in the same manner as 
 is provided for the recovery of the other damages recovered in 
 this act. And furthermore, said corporation shall have all the 
 powers, privileges and immunities, and be subject to all the 
 duties and liabilities provided respecting railroads in chapter 
 eighty-one of the revised statutes, not inconsistent with the 
 express provisions of this charter, and subject also to the pro- 
 visions of chapter forty-one of the laws of eighteen hundred 
 and fifty-three entitled an act concerning railroads. 
 
 Sect. 2. The capital stock of said corporation shall consist 
 of not less than two thousand shares, nor more than four thou- 
 sand shares, and the immediate government and direction of 
 the affairs of said corporation shall be vested in five, seven or 
 nine directors, who shall be chosen by the members of said cor- 
 poration in the manner hereinafter provided, and shall hold their 
 ofl&ces until others shall have been duly elected and quahfied 
 to take their places, a majority of whom shall be a quorum for 
 the transaction of business ; and they shall elect one of their 
 number to be president of the board, and he shall be also 
 
urer. 
 
 ST. CROIX AND PENOBSCOT RAILROAD. 565 
 
 president of the corporation, and shall have authority to choose 
 
 a clerk; and a treasurer, who shall give bonds to the cor- cierkandtreas- 
 
 poration in the sum of ten thousand dollars, for the faithful 
 
 discharge of his trust. And any ten of the persons named 
 
 ia the first section of this act are hereby authorized, at a meet- 
 
 '. , , Acceptance of 
 
 ing holden for that purpose, with or without notice, to accept charter, &o. 
 this act and organize the said corporation. 
 
 Sect. 3. Said corporation shall have power to make, ordain 
 and establish all necessary by-laws and regulations consistent ^' ^^'' 
 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. 4. The -president and directors for the time being „„ 
 
 '^ _ _P Officers, powers 
 
 are hereby authorized and empowered, by themselves or. their of. 
 agents, to exercise all the powers herein granted to the cor- 
 poration for the purpose of locating, constructing., and com- 
 pleting said railroad, and for the transportation of persons, 
 goods, and property of all descriptions, and all such power 
 and authority for the management 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 descrip- 
 tions, to make such equal assessments from time to time on all 
 the shares in said corporation as they may deem it necessary 
 and expedient 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 —notice of. 
 in case any subscriber or stockholder shall neglect to pay any 
 assessment on his share or shares, for the space of thirty days 
 
 „ ' . ■ . 1/ tj —neglect to 
 
 alter such notice is given as shall be prescribed by the by-laws of pay, shareshow 
 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 
 subscriber, or stockholder shall be held accountable to the 
 eorporation for the balance, if his share or shares shall sell 
 
Proviso. 
 
 566 ST. CEOIX AKD PENOBSCOT RAILEOAB. 
 
 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; provided, however, that no 
 assessment shall be laid upon any share in said corporation 
 of a greater amount in the whole than one hundred dollars. 
 Tou. Sect. 5. A toll is hereby granted and established for the 
 
 sole benefit of said corporation, upon all passengers and prop- 
 erty of all descriptions which may be conveyed or transported 
 by them upon said road, at such rate as may be agreed upon 
 and established from time to time by the directors of said cor- 
 
 Transportation, • mi • n 
 
 &o., rules for. poration. i he transportation oi persons and property, the 
 ' construction of wheels, the forms of cars and carriages, the 
 weights of loads, and all other matters and things in relation 
 to said road shall be in conformity with such rules, regular 
 tions and provisions as the directors shall from time to time 
 prescribe and direct. 
 
 Sect. 6. The annual meeting of the members of said eorpo- 
 
 Annual meet- " ^ 
 
 ing. ration shall be holden on the first Monday of November, or 
 
 such other day as shall be determined by the by-laws, at such 
 time and place as the directors, for the time being, shall ap- 
 point, at which meeting the directors shall be chosen by ballot, 
 
 Directors, when ^ ' ^ j > 
 
 chosen. each proprietor by himself or proxy being entitled to as many 
 
 votes as he holds shares; and the directors are hereby author- 
 
 s eciai meet- ^^^^ ^^ ^^ Special meetings of the stockholders, whenever. 
 
 ings. they shall deem it expedient and proper, giving such notice as 
 
 the corporation by their by-laws shall direct. 
 
 Sect. Y. The corporation is hereby invested with power to 
 make connections with any other road or roads, and on such 
 terms as the merribers may deem expedient and proper ; and 
 it is hereby authorized to lease the road, either before or after 
 it shall have been completed, on such terms and for such time 
 as the members at a meeting regularly called for that purpose 
 shall determine. 
 
 Sect. 8. If the corporation shall not have been organized, 
 and the location according to actual survey of the route filed 
 with the county commissioners of Washington county, on or 
 before the first day of July, in the year of our Lord one thou- 
 
 .Junction with 
 other roads. 
 
 Lease of road. 
 
 Location, &c., 
 time of limited. 
 
American citi- 
 zenB, 
 
 ST. CKOIX AKD PENOBSCOT RAILEOAD. 567 
 
 sand eight hundred and fifty-four, and if the corporation shall 
 fail to complete said railroad on or before the first day of , 
 July in the year of our Lord one thousand eight hundred and 
 fifty-eight, then this act shall be tiull and void ; and 'provided 
 always, that this act shall not take effect and be in force for 
 any other purpose than the organization of the company here- ^^^ ^^^^ ^^ 
 by created, until the Calais and Baring Railroad Company take effect, 
 shall have surrendered and released, to the said Lewy's Island 
 Railroad Company, thS right they now have by virtue of an 
 act passed April thirteenth, eighteen hundred and fifty-two, 
 to extend their road over the route specified in this act; which 
 release and surrender shall be made by a proper instrument, 
 in writing, under seal of said Calais and Baring E-ailroad Com- 
 pany, pursuant to a vote of said corporation, passed at a 
 meeting of said corporation duly called for that purpose. 
 
 Sect. 9. The individuals composing the officers of said rail- officers to be 
 road corporation shall be American citizens, and a majority 
 thereof shall reside within the limits of the State of Maine. 
 Approved March 16, 1864. 
 
 LAWS OF 1854, CHAP. 344. 
 
 Aa act to authorize the city of Calais to aid in the construction of the 
 Lewy's Island Eailroad. 
 
 Be it enacted, <&c. Sbot. 1. The city of Calais is hereby „. , „ , . 
 
 ' •' ■' City of Calais 
 
 authorized to loan its credit to the Lewy's Island Eailroad authorized to 
 Company in aid of the construction of their railroad, not ex- ^^ Lewy's 
 ceeding, however, the sum of one hundred and fifty thousand MaiidK.K. Co. 
 
 J 11 1 1 P 11 Amended 1855, 
 
 dollars, upon their compliance with the following terms and ciiap. 424. 
 conditions. 
 
 Sect. 2. If this act shall be accepted as hereinafter provided, 
 and said company shall within three years from its approval ■*^'='' acceptance 
 produce evidence satisfactory to the mayor and aldermen of 
 said city for the time being, that the sum of one hundred and 
 fifty thousand dollars has been collected from the subscriptions 
 to the stock of said company, and paid in and actually ex- 
 pended in the purchase of the right of way and the construc- 
 tion of the road, and that the road bed for the whole distance 
 from its terminus in Baring to its terminus at Lewy's lake in 
 
568. 
 
 ST. CKOIX AKD PENOBSCOT EAILROAD. 
 
 Scrip when to 
 be issued. 
 
 — when payable 
 —amount of. 
 Proviso. 
 
 Scrip, bond of 
 company for 
 payment of, &c. 
 
 Scrip of com- 
 pany, delivery 
 of, &o. 
 
 — to be held as 
 collateral secu- 
 rity. 
 
 —maybe sold. 
 
 Princeton, including all necessary bridges and masonry ready 
 for the superstructure, has been completed, then such facts 
 shall be certified by the mayor and aldermen to the city treas- 
 urer, and he shall forthwith issue to the directors of said 'com- 
 pany, for the purpose of completing said road, the scrip of 
 said city, payable to the holders thereof at the expiration of 
 twenty years from the date thereof, in the sum of one hundred 
 and fifty thousand dollars, with coupons for interest attached, 
 payable semi-annually ; provided, however, that said scrip of 
 one hundred and fifty thousand dollars may be subdivided and 
 issued in such sums and at sach times thereafter, as may be 
 convenient for said company. 
 
 Sect. 3. Concurrent with the delivery of the first scrip as 
 aforesaid, the president and directors of said company, in their 
 official capacity, shall execute and deliver to said city treasurer 
 the bond of said company in the penal sum of three hundred 
 thousand dollars payable to said city, conditioned that said com- 
 pany will duly pay the interest on said scrip and the principal 
 thereof, and the principal and interest of other scrip which said 
 citymay subsequentlyissuein pursuance of the provisions of this 
 act, and in all respects hold and save the city harmless on ac- 
 count of the issue of the same, and shall execute and deliver to 
 said treasurer the scrip of said company, payable to the holders 
 thereof, at the same time and for the same amount as the scrip 
 then issued by the treasurer to the said company, with the like 
 coupons attached ; and the scrip of said company shall in all 
 cases subsequently be issued in sums corresponding in dates 
 and amounts with the scrip of said city, which scrip shall be 
 held by said city as collateral security for the fulfilment of the 
 conditions of said bond ; and in default of any one of said con- 
 ditions said city may from time to time sell said scrip or any 
 portion thereof at public auction or auctions, in the cities of 
 Calais, Boston or New York, after sixty days' notice in writ- 
 ting to the president or one of the directors or three of the 
 stockholders of said company, naming therein the time and 
 place of sale ; and the net proceeds thereof shall be endorsed 
 on said bond. 
 
 Sect. 4. The president and directors of said company are 
 
ST. CKOIX AND PENOBSCOT EAILROAD. 569 
 
 hereby authorized, and it shall be their duty in their official Mortgage of 
 
 . /• • 1 J! -J? -J -i-J road, &c., to 
 
 qp,pacity, upon the receipt oi said lirst scrip trom said city, geoure tami- 
 and the delivery of their bond to the said city, to secure the ^™*°f ™°^'" 
 payment of the same, and the scrip subsequently to be issued 
 as hereinbefore provided, to execute and deliver to said city, a 
 mortgage of said railroad, and of all the property of said com- 
 pany, real and personal, which they then have, or may subse- 
 quently acquire, together with their franchise without prior 
 incumbrance J which mortgage shall be signed by said presi- 
 dent in his official capacity, and shall be executed according to 
 the law of this State, and shall be in due and legal form, and 
 shall contain apt and sufficient terms, to secure to said city the 
 
 -^ • Mortgage, how 
 
 fulfilment of all the conditions in said bond contained ; and executed, re- 
 said mortgage, so executed and delivered, and recorded in the """^ ^ ' 
 registry of deeds for the county of "Washington, shall, to all 
 intents and purposes be, and the same is hereby declared to 
 be, a full and complete transfer of said railroad, of all the 
 property of said company, real and personal, then or subse- 
 quently to be acquired, and of said franchise, subject only to 
 the conditions therein contained, any law to the contrary not- 
 withstanding. And all the proceedings of the organization of organization 
 
 r D a . deemed vaUd. 
 
 said company, and choice of directors, shall be deemed valid 
 and regular. 
 
 Sect. 5. For the purpose of foreclosing said mortgage, it 
 shall be sufficient for said mayor and aldermen to give notice Mortgage, fore- 
 aqcording to the mode prescribed in the fifth section of the 
 one hundred and twenty-fifth chapter of the revised statutes ; 
 which notice may be published in a newspaper printed in said 
 city of Calais, and record thereof may be made within thirty 
 days after the date of the last publication, in the registry of 
 deeds for the county of Washington, which publication and 
 record shall be sufficient for tlie purposes of such foreclosure. 
 Upon the expiration of three years, from and after such pub- 
 lication, if the conditions of said mortgage shall not within 
 that time have been performed, the foreclosure shall be com- 
 plete; and shall make the title to the railroad, and to all the 
 property and franchises aforesaid, absolute in said city. 
 
 Sect. 6. If the directors of the company shall, at any time, 
 36 
 
 closure of. 
 
— notice of, how 
 given. 
 
 570 ST. CROIX AND PENOBSCOT RAILEOAD. 
 
 Possession of neglect or omit to pay the interest which may become due 
 
 road, &c., may , „, ,. _ ttt n i i 
 
 be taken by tiie upon any portion 01 the scrip issued and deuvered, under the 
 city of Calais in provisions of this act, or to pay the principal as it becomes 
 
 certain cases. ^ ^ i ^ r r ^ 
 
 due, or to comply with any of the conditions of said bond, the 
 city of Calais may take actual possession iu the manner here- 
 inafter provided, of the railroad, of all the property, real and 
 personal, of the company, and of the franchise thereof; and 
 may hold the same, and apply the income thereof, to make up 
 and supply such deficiencies, and all further deficiencies that 
 may occur while the same are so held, until such deficiencies 
 are so made up and discharged. A written notice, signed by 
 the mayor and aldermen, and served upon the president or 
 treasurer, or any director of the company, or if there are none 
 such, upon any stockholder in the company, stating that the 
 city thereby takes actual possession of the railroad, and of the 
 property and franchise of the company, shall be a sufficient 
 actual possession thereof, and shall be a legal transfer of all 
 the same for the purposes aforesaid, to the city, and shall 
 enable the city to hold the same against any other transfers . 
 thereof, and against any other claims thereon, until such pur- 
 possessionof pose§ have been fully accomplished. Such possession shall 
 
 road not to be ■ ■, -, 
 
 considered a not be considered as an entry tor foreclosure, under any 
 foreclosure. mortgage hereinbefore provided ; nor shall the rights of the 
 city, or of the company, under any mortgage, be in any man- 
 ner affected thereby. 
 Receipts of road Seot. 7. All moneys received by or for the railroad corn- 
 bow appropri- pany, after notice as aforesaid, from any source whatever, 
 and by whomsoever the same may be received, shall belong 
 to and be held for the use and benefit of the city in the man- 
 ner and for the purposes herein provided, and shall, after 
 notice given to persons receiving the same respectively, be by 
 them paid to the city treasurer, which payment shall be an 
 effectual discharge from all claims of the company therefor ; 
 but if any person without such notice shall make payments of 
 moneys so received to the treasurer of the company, such pay- 
 ment shall be a discharge of all claims of the city therefor. 
 All moneys received by the treasurer of the company after 
 such notice, or in his hands at the time such notice may be 
 
 ated, 
 
Injunction, &c. 
 
 ST. CEOIX AND PENOBSCOT RAILROAD. 571 
 
 ffiven, shall be by him paid to the city treasurer, after deduct- 
 ing the amount expended or actually due for the running 
 expenses of the road, for the salaries of the officers of the com- 
 pany and for repairs necessary for conducting the ordinary 
 operations of the road. Such payments to the city treasurer 
 shall be made at the end of every calendar month, and shall "'^*^™!^' "'' 
 be by him applied to the payment of all the interest and prin- 
 cipal due as aforesaid. And any person who shall pay or 
 apply any moneys received as aforesaid, in any manner con- 
 trary to the foregoing provisions, shall be liable therefor, and 
 the same may be recovered in an action for money had and 
 received in the name of the city treasurer, whose duty it shall 
 be to sue for the same, to be by him held and applied as is 
 herein required. 
 
 Sect. 8. For the purpose of effecting the objects prescribed 
 in the two preceding sections, the mayor and aldermen may 
 cause a suit in equity to be instituted in the name of the city 
 of Calais, in the supreme judicial court in the county of Wash- 
 ington, against the railroad company, its directors, or any 
 other person as may be necessary, for the purpose of discov- 
 ery, injunction, account or other relief, under the provisions 
 of this act. And any judge of the court may issue a writ of 
 injunction or any other suitable process on any such bill, in -writ of. 
 vacation or in term time, with or without notice, and the court 
 shall have jurisdiction of the subject matter of such bill, and 
 shall have such proceedings and make such orders and decrees 
 as may be within the powers and according to the course of 
 proceedings of courts of equity, as the necessities of the case 
 may require. 
 
 Sect. 9. If the railroad company shall, after notice of pos- 
 session as aforesaid, neglect to choose directors thereof, or any Directors, how 
 other necessary officers, or none such shall be found, the mayor of neglect or 
 and aldermen of the city shall appoint a board of directors, """"P^^y- 
 consisting of not less than seven persons, or any other neces- 
 sary officers ; and the persons so appointed shall have all the 
 power and authority of officers chosen or appointed under pro- 
 visions of the act establishing said company; and upon their 
 acceptance such officers shall be subject to all the duties and 
 liabilities thereof. 
 
572 ST, CROIX AND PENOBSCOT RAILROAD. 
 
 Sect. 10. The city shall appoint one of the directors of said 
 
 tobe'a'^oi'nted ^^^ili"o^<i company from among the stockholders, who shall be 
 
 from among the chosen annually by the city council in joint ballot, before 
 
 the annual meeting of said company for the choice of their 
 
 officers, who shall have the same authority in transacting the 
 
 business of said company, and who shall be entitled to like 
 
 "—right to compensation from the company as any other directors. But 
 
 Choose to cease, ^.j^^ ^.jgj^^ ^^ choose such directors shall cease when the loan 
 
 contemplated is extinguished. 
 
 Sect. 11. As an additional or cumulative protection for 
 Lien created as ^^^^ ^^'^y, all liabilities which by said city may be assumed or 
 additional pro- incurred under or by virtue of any of the provisions of this 
 
 tection. ■' j r 
 
 act, shall at the times and by force thereof and for the security 
 and payments of the same, create in favor of said city a lien 
 on said railroad, its franchise, and of all its appendages, and 
 on all the real and personal property of said railroad corpora- 
 tion, which lien shall have the preference and be prior to all 
 other liens and incumbrances whatever, and shall be enforced, 
 and the rights and interest of said city protected, when neces- 
 sary, by suitable and proper judgments, injunctions or decrees 
 of said supreme judicial court on a bill or bills in equity, 
 which power is hereby specially conferred on said court. 
 Sect. 12. This act shall not take effect unless it shall be 
 Act acceptance accepted by Said company and by a vote of the inhabitants of 
 of, &o. said city, voting in ,ward meetings, duly called according to 
 
 law, within six months after the approval by the governor of 
 this act. At least two-thirds of the votes cast at such ward 
 meetings shall be necessary for the acceptance of this act. 
 The return of such ward meetings shall be made to the alder- 
 men of said city, and by them coimted and declared, and said 
 city clerk shall make a record thereof. 
 
 Sect. 13. The provisions of this act shall be in force from 
 effect. and after its approval by the governor. Approved April 14, 
 
 1854. 
 
ST. CROIX AND PENOBSCOT EAILEOAD. • 573 
 
 LAWS OF 1855, CHAP. 404. 
 
 An act additional to "an act to authorize the city of Calais to aid in the 
 construction of the Lewy's Island Eailroad." 
 
 Beit enacted, c&c. Sect. 1. The city of Calais is hereby ^^^^ creditor 
 authorized to loan its credit to the Lewy's Island Railroad city of ca ais, 
 Company, in aid of the construction of their road, not ex- 15]^^^. e., 
 ceeding, however, the sum of one hundred and fifty thousand authorized, 
 dollars, upon their compliance with the terms and conditions ^"0,000. 
 set forth in the act to which this is additional, and of this act; —terms and 
 notwithstanding the said company shall change the location ^^ 
 of theii- road, so as to connect the same with a railroad to be Amended 1855, 
 located from the line of the State, near the Baring boom, in " *^' 
 Baring, through the province of New Brunswick, to the line 
 of the State, at Sprague's Falls, in Baileyville, according to 
 the provisions of an act of the legislature, passed for that 
 purpose, at the annual session of the legislature of Maine, 
 for the year of our Lord one thousand eight hundred and 
 fifty-five, and shall discontinue that portion of their road, as 
 located under their charter, which shall not be required to 
 connect with the said road, so to be located, in the said prov- 
 ince of New Brunswick. 
 
 Sect. 2. The conditions to be performed by said company, 
 precedent to the issuing of the scrip of said city, shall be -pev- issue, 
 formed upon the whole line of said road, as well in the prov- 
 ince of New Brunswick, as in this State, and thfe security 
 to be given to the said city, shall embrace and include the _^^^ , ^^ 
 whole of said road, as well in the said province of New Bruns- whole line of 
 wick, as in this State, as well under the charter granted by 
 the legislature of New Brunswick, as under the charter grant- 
 ed by the legislature of Maine, and all the other stipulations 
 for the security of, and remedies for said city, of the act to 
 which this is additional, shall apply as well to the said road 
 in the province of New Brunswick, and the charter granted 
 therefor, as to the said road in this State, and the charter 
 granted therefor. 
 
 Sect. 3. This act shall not take effect, unless it shall be ^ct when to 
 accepted by said company, and by a vote of the inhabitants tai^e effect. 
 
 Scrip, when to 
 
574 
 
 ST. CROIX AND PENOBSCOT RAILROAD. 
 
 of said city, voting in ward meetings, duly called according to 
 law, within six months after the approval, by the governor, of 
 this act. At least two-thirds of the votes cast at such ward 
 meetings, shall be necessary for the acceptance of this act. 
 The return of such ward meetings shall be made to the alder- 
 men of said city, and by them counted and declared, and the 
 said city clerk shall make a record thereof. 
 
 Sect. 4. The provisions of this act shall be in force from 
 and after its approval by the governor. Approved Januury 
 29,1855. 
 
 LAWS OF 1855, CHAP. 405. 
 
 An act to authorize the Lewy's Island Railroad Company to alter its 
 
 location. 
 
 Lewy's Island 
 R. R. authoriz- 
 to change loca- 
 tion. 
 
 £e it enacted, c&c. Sect. 1. Whenever a railroad shall, 
 under a chai-ter for that purpose granted, be located and con- 
 structed from the line of the State near the Baring boom, in 
 Baring, througli a portion of the province of New Brunswick, 
 to the line of the State at Spragne's Faljs in Baileyville, the 
 Lewy's Island Railroad Company are hereby authorized to 
 alter and change the location of their road as made under 
 their charter, so as to connect their said road with said road 
 so constructed in the province of New Brunswick, at each ter- 
 minus thereof, and thereupon to discontinue so much of their 
 said road located as aforesaid, as shall not be necessary to 
 make such connection, saving to all persons all claims for 
 damages and other rights acquired under the old location of 
 their said road. 
 
 Sect. 2. This act shall take effect and be in force from and 
 after its approval by the governor. Approved January 20, 
 1855. 
 
 LAWS OP 1855, CHAP. 424. 
 
 An act additional to, and explanatory of the act authorizing the city of 
 Calais to aid in the construction of Lewy's Island Railroad, passed and 
 approved April fourteenth, eighteen hundred fifty-four, and of the act 
 in addition to an act to authorize the city of Calais to aid in construc- 
 tion of Lewy's Island Railroad, passed January twenty-ninth, eighteen 
 hundred fifty-five. 
 
ST. CEOIX AND PENOBSCOT RAILROAD. 575 
 
 Be it enacted, <&c. Sbct. 1. The act authorizing the city AiatoLewy's 
 of Calais to aid in the construction of the Lewy's Island Rail- i[f^*ted!^*"™** 
 road, passed April fourteenth, eighteen hundred and fifty-four, 
 and the act additional to an act to authorize the city of Calais 
 to aid in the construction of the Lewy's Island Railroad, 
 passed and approved January twenty-ninth, eighteen hundred 
 and fifty-fire, shall not be construed as authorizing the issue 
 of more than one hundred and fifty thousand dollars of scrip 
 of said city of Calais in the whole, it being the intention of 
 the legislature to authorize said city by virtue of both of said 
 acts to issue their scrip for one hundred and fifty thousand 
 dollars and no more, under any circumstances. 
 
 Sect. 3. This act shall take effect from and after its ap- 
 proval by the governor. Approved February M, 1855. 
 
 LAWS OF 1855, CHAP. 477. 
 An act to unite Calais and Baring Railroad, witli Lewy's Island Railroad. 
 
 Be it enacted, <&c. Sect. 1. The Calais and Baring Rail- 
 road Company, and the Lewy's Island Railroad Company, ;„g ana Lewy's 
 are hereby authorized, at such times, and on such terms as is'™* s- 1*- 
 
 ^ companies au- 
 
 may be mutually agreed upon and approved by a majority of thorfzedto 
 the votes of the stockholders of each of said corporations, at ""**' °' 
 meetings regularly warned for the purpose, to unite and form corporate 
 one corporation, to be called the Calais and Lewy's Island °^™^- 
 Railroad Company. 
 Sect. 2. The corporation formed as aforesaid, shall have, 
 
 ^ ' Powers and 
 
 hold, posiess and enjoy all the powers, privileges, rights, fran- privileges, 
 (ihises, property and estates which at the time of such union 
 may be held and enjoyed by both of the existing corporations, 
 and be subject to all the duties, restrictions, obligations and 
 liabilities, to which, at the time of union, they are subject in 
 severalty, and all suits at law or in equity, and all proceedings 
 before any tribunal which may be pending, to which either 
 corporation shall be a party, may be prosecuted and defended 
 by the company hereby authorized in like manner, and with 
 the same effect as might have been done had such union not 
 been formed. 
 
576 ST. CEOIX AND PENOBSCOT RAILROAD. 
 
 Sect. 3. The first meeting of the corporation hereby au- 
 hlwTuea^^' tliorized shall be called by the presidents of the two corpora- 
 tions composing its parts ; and of the time and place of said 
 meeting seven days' notice shall be given, by publication in 
 the two newspapers in the city of Calais; and at said meeting 
 stockholders of, persons holding stock eiAer in the Calais and Baring Rail- 
 road Company, or in the Lewy's Island Kailroad Company, 
 shall be entitled to vote in like manner as they would have 
 been had these corporations been convened separately. 
 
 Sect. 4. This act shall take eifect from and after its ap 
 proval by the governor. Approved March 8, 1855. 
 
GENERAL RAILROAD LAWS, 577 
 
 GENERAL RAILROAD LAWS. 
 
 The following are all the General Railroad Laws passed from 1831 to 
 1875, both years inclusive ; where a law has been repealed or amended, it 
 is indicated in the margin. 
 
 LAWS OF 1831, CHAP. 503. 
 An act concerning corporations. 
 
 Be it enacted, die. That all acts of incorporation which 
 shall be passed after the passage of this act, shall at all times Corporation 
 hereafter be liable to be amended, altered, or repealed, at the tered, uabie to 
 pleasure of the legislature, in the same manner as if an express ^ amend«i or 
 
 !: o 7 r repealed, &c., 
 
 provision to that effect were therein contained ; unless there 47 Me., 34. 
 shall have been inserted in such act of incorporation an ex- 
 press limitation or provision to the contrary. Approved 
 iTaj-cA 17, 1831. 
 
 'LAWS OF 1836, CHAP. 200. 
 An act concerning corporations. 
 
 Be it enacted, (&c. Sect. 1. That from and after the pass- 
 ing of this act, all corporations, created by the legislature, or General pow- 
 whieh shall be established under existing laws, shall be capable and duties oT 
 ia their corporate name, to sue and be sued, appear, prosecute, corporators. 
 
 J y. 1 ' ' rr •? r j Amended 1836, 
 
 and to defend to final judgment and execution, in any courts chap. 217. 
 of record, or in any other place whatever : to have a com- 
 mon seal, which they may alter at pleasure; to elect, in such 
 manner as they shall determine, all needful officers, to fix their 
 compensation and to define their duties, obligations, and 
 liabilities, consistent with the constitution and laws of the 
 State, for their own government, and for the due and orderly 
 conducting of their affairs, and the management of their prop- 
 erty. 
 
578 
 
 GENERAL RAILROAD LAWS. 
 
 Mode of call- 
 ing first meet- 
 ing. 
 
 Liability of 
 shareholders 
 for debts of cor- 
 poration, to 
 what extent 
 and how liable. 
 
 Amended 1861, 
 
 ch. 21, 
 
 21 Piclj, 419. 
 
 Execution 
 against stock- 
 holders, how 
 satisfied. 
 Amended 1861, 
 chap. .21, 
 
 Sect. 2. That the mode of calling the first meeting of all 
 corporations, unless otherwise specially provided for, shall be 
 by a notice, setting forth the time, place, and purposes of the 
 meeting, signed by any one or more of the persons named in 
 the act of incorporation, and fourteen days at least previously to 
 the meeting, delivered to eacli member, or published in some 
 newspaper or newspapers in the county .where the corporation 
 may be established, or if there be no newspaper, then in a 
 newspaper in some adjoining county. 
 
 Sect. 3. That in all corporations hereafter created by the 
 legislature, except banliing corporations, unless otherwise 
 specially provided for in the act of incorporation, the shares 
 of individual stockholders, shall be liable for the debts of 
 the corporation. And in case of deficiency of attachable cor- 
 porate property, or estate, the individual property, rights, 
 and credits of any stockholder shall be liable, to the amount 
 of his stock, for all debts of the corporation contracted prior 
 to the transfer thereof, for the term of one year after the 
 record of the transfer in the books of the corporation, and for 
 the term of six months after judgment recovered against said 
 corporation in any suit commenced within the year aforesaid, 
 and the same may be taken in execution on said judgment in 
 the same manner as if said judgment and- execution were 
 against him individually, or, said creditor, after said judgment, 
 may have his action on the ease against said individual stock- 
 holder; but in no case shall the property, rights, and credits 
 of said stockholder Ije taken in execution or attaclied as afore- 
 said beyond the amount of his said stock. 
 
 Sect. 4. That it shall be the duty of the officer having said 
 execution to appropriate towards the satisfaction thereof, in part, 
 or in whole, any corporate property or estate, which he can 
 find, and if sufficisnt cannot be found, to certify said deficiency 
 on said execution, and to notify the individual stockholder by 
 giving him forty-eight hours' previous notice thereof whose 
 property lie is about to take ; and if said stockholder resides 
 oat of the State, said notice shall be given to his agent, if he 
 has any in the State, otlierwise to the clerk of said corpora- 
 tion, and, if such individual stockholder, his agent or said clerk 
 
GENERAL RAILEOAD LAWS. 579 
 
 Oil demand of said officer and notice as aforesaid, shall dis- 
 close and show to the execution creditor, or officer, attachable 
 corporate property or estate sufficient to satisfy said execution 
 and all fees, his individual property, rights and credits shall 
 thereupon be exempt from attachment and execution. And 
 said action on the case shall not be commenced against said 
 stockholder until demand and notice as aforesaid. 
 
 Sect. 5. That said individual stockholder, whose property, 
 rights, and credits, shall be attached and taken as aforesaid shall stncKhoWers 
 have his remedy at law, or in equity against said corporation to porationrmay 
 reimburse him for all moneys paid as aforesaid, and to recover recover, 
 such damages as he may have sustained by the neglect of said 
 corporation to satisfy said execution. And, in case of a defi- 
 ciency of corporate property or estate wherewith to satisfy 
 said judgment or decree as said individual stockholder may 
 recover or obtain as aforesaid, said stockholder may have his 
 remedy as aforesaid for a contribution, in proportion to their 
 , respective stock in said corporation, against the stockholders 
 who were liable for the corporate debt sued for in said action 
 against said corporation. 
 
 Sect. 6. That it shall be the duty of the clerk of said cor- 
 poration, on demand, to furnish the officer having the execu- to'give tL*"^ 
 tion against said corporation, with the names and place of officer names of 
 
 ° '^ stockholders. 
 
 residence of the stockholders who may be liable as aforesaid. 
 Sect. 7. That all provisions of law touching the subject 
 matter of corporations and not inconsistent with this act, shall 
 not be affected thereby, and this act shall take effect from and 
 after its passage. Approved February 16, 1836. 
 
 LAWS OF 1836, CHAP. 204. 
 
 An act defining certain rights and duties of railroad corporations. 
 
 Be it enacted, die. Sect. 1. That railroad corporations, 
 which have been, or may be granted, shall have the right to ^f'^"'^<i^ "»*? 
 
 ' •' _ ° ° take and hold 
 
 take and hold so much of the land, and other real estate of real estate, and 
 private persons, as may be necessary for the location, con- move™ee's*" 
 struetion, and convenient operation of their railroads; and for certain pur- 
 they shall, also, have the right to take, remove, and use for 31 Me., 216. 
 the construction and repair of said railroads and appurten- 
 
580 GENERAL RAILROAD LAWS. 
 
 ances, any earth, gravel, stone, timber, or other materials, 
 on or from the land so taken, — provided, however, that said 
 laud, so taken, 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 
 corporations shall pay for all 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 
 Damages, how Said parties shall not otherwise agree, then said corporation shall 
 agreed upon. g^^j^ damages as shall be ascertained and determined by the 
 
 Se6lawl853, , . . » , , ■,-,-,■, 
 
 cii.4i, sect. 13; couuty Commissioners tor the county where such land or other 
 Me*' ^6^43*" property may be situate, in the same manner, and under the 
 Me., 361; 44 Same Conditions and limitations, as are by law provided in the 
 
 Me. 144. 
 
 '' ' case of damages by laying out of highways. And the land so 
 
 taken by said corporations, shall be held as lands, taken and 
 
 held for public highways. And no application to said com- 
 
 43 Me. 361- missiouers to estimate said damages, shall be sustained unless 
 
 47Me., 34B. made within three years, from the time of taking such land, 
 
 or other property ; or where it has already been taken, within 
 
 one year from the time of passing this act. Provided, fur- 
 
 „. , ther, that nothing in this act shall authorize such corporation 
 
 Dwelling house " '^ 
 
 a,nd meeting to take any dwelling house, meeting house, or public or 
 
 house and bury- 
 ing ground not 
 
 private burying ground, without the consent of the owners or 
 
 to be taken. proprietors. 
 
 See laws of 1865. 
 ch. 321, sect. 4. 
 
 Sect. 2. That on application being made to the county 
 commissioners as aforesaid, either by said corporations, or by 
 Security for the Owner or owners of lands so taken, it shall be the duty 
 
 damage to be /■ ■ i i- -x- • i i. ii e 
 
 given. 01 said corporations, it required by the owner or owners ot 
 
 such land or other property so taken, to give full and ample 
 
 See laws of 1853, security, to the satisfaction of said commissioners, for all 
 
 ch. 41, sect. 16. n , . , ^ f ■,-, . , , 
 
 31 Me., 218; 40 damages and costs, which may bennally ascertained, deter- 
 Me.,556. mined, and awarded, by said commissioners, for the land or 
 
 other property so taken. And on the refusal, or failure of 
 said corporations to give such security, all their right or 
 authority to enter upon, or use said land or other property 
 so taken, except for making surveys, shall be suspended 
 and stayed, until they shall give such security. But after 
 the security is given, they may proceed to use said land, or 
 other property, for the purpose, for which it was taken. 
 
GENERAL EAILEOAD LAWS. 581 
 
 Sect. 3. That when any railroad corporation shall take any 
 land, or other estate, as aforesaid, of any infant, person non Damagesto 
 
 ' _ ' •' ^ _ persons non- 
 
 compos mentis, or feme covert, whose husband is under compos mentis, 
 guardianship, the guardian of such infant, or person non com- "' 
 pos 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 all damages, or claims for 
 damage, by reason of taking such land and estate aforesaid, 
 and give good and valid releases and discharges therefor. 
 Sect. 4. That said corporations which have been, and may 
 
 *■ . May alter the 
 
 be hereafter established, may raise or lower any turnpike, grades of cer- 
 highway, or private way, when it may be necessary to allow ""^ ^^^''' 
 their railroad to pass over, or under the same, and in such i26;58Me., 46; 
 cases said corporations shall put said turnpike, highway, or "'' 
 private way, as soon as may be, in as good repair and condi- 
 tion as before said alterations shall have been made by said 
 corporations ; and as soon as said alterations and amendments 
 are completed, said corporations shall give notice in writing of 
 the completion thereof, to the proprietors of such turnpike and 
 to the selectmen of the towns, where such highway or private Duties of pro- 
 way is situate. And if said proprietors or selectmen require selectmen in 
 further alterations and amendments of said turnpike, highway, <'«'^'a'" "^ses. 
 or private way, and give notice thereof in writing to said cor- 
 porations ; and if the parties cannot agree what further alter- 
 ations and amendments are necessary — either of said parties Appeal to conn- 
 may apply to the county commissioners of the county, where ^ oommission- 
 such portion of the turnpike, highway, or private way is 
 situate, at the next regular meeting of said commissioners, 
 after said notice to said corporations, to determine what further 
 amendments, and alterations, if any, shall be made in said 
 turnpike, highway, or private way — and the decision of said f/^^'^"i°'„, 
 commissioners shall be final, and the costs of such application final- 
 shall be awarded in favor of the prevailing party. And if 
 said corporations shall unnecessarily or unreasonably neglect 
 to make such alterations or amendments, as said commis- 
 sioners shall determine to be reasonable and proper, the said 
 proprietors or selectmen, shall be entitled to their remedies in 
 s, by an action on the case, in any court proper to try 
 
 ers. 
 
582 
 
 GENERAL RAILROAD LAWS. 
 
 Action for dam- 
 age to be 
 brouglit within 
 one year. 
 
 Railroad Go. 
 may alter 
 course of Wgli- 
 way. 
 
 Proviso. 
 38 Me., 30; 61 
 Me., 313; 58 
 Me., 46. 
 
 May carry rail- 
 road over or 
 under any rail- 
 road or canal. 
 See law of 1872, 
 cliap. 40. 
 
 Liable for dam- 
 age. 
 
 the same. And no action shall be sustained against said cor- 
 porations, for damages, by said proprietors, or selectmen, or 
 the owner, or owners, of any private way by reason of any 
 obstruction thereto, occasioned by said railroads crossing the 
 same, unless brought within one year from the time said 
 injury is occasioned. 
 
 Sect. 5. That, if any railroad corporation, which has been, 
 or may be established, shall be desirous of altering the course 
 of any highway, where it is crossed by their railroad, for the 
 purpose of facilitating the crossing of the same, they may 
 alter the sanie accordingly in such manner as the county com- 
 missioners for the county where such way is situate may direct; 
 provided, the said commissioners, after due notice to the 
 selectmen of the town where such highway is situate, shall be 
 of opinion that such alteration will not essentially injure said 
 highway. And in case any railroad corporation shall, before 
 commencing the work of raising or lowering any turnpike, 
 highway or private way as aforesaid, or at any time previous 
 to completing the same, be desirous of obtaining the approba- 
 tion of ^aid cpmmissioners in respect to the mode of raising 
 or lowering the same, the said corporation may apply to said 
 commissioners for this purpose, whose duty it shall be, after 
 due notice to the parties interested, to direct the mode of per- 
 forming said work; and their decision shall be final. And it 
 shall be the duty of said corporation to provide and keep in 
 good order for travelling, suitable temporary ways or turnouts, 
 that travellers may not be unnecessarily delayed or impeded 
 during the time of performing said work. 
 
 Sect. 6. That said corporations which have been or may 
 hereafter be established shall have power to construct and 
 carry their railroads across, over or under any railroad or canal, 
 when it may be necessary in the construction of the same; 
 and in such cases said corporations shall so construct their 
 railroad crossings as not unnecessarily to interrupt or impede 
 the travel or transportation upon their railroad or canal so 
 crossed. And said corporations shall be liable in an action on 
 the case for the damages occasioned to any corporation or 
 party injured, by reason of said crossing. 
 
GENEEAL EAILKOAD LAWS. 583 
 
 Sect. 7. That it shall be the duty of every railroad corpora- 
 tion to cause a bell to be placed on each locomotive enc;ine b^" *° ^^ p'^- 
 
 ed on each 
 
 passing on their road, which shall be at least of the weight of engine, 
 thirty-five pounds, and the said bell shall be rung at the dis- 
 tance of, at least, eighty rods from the place of crossing any ^.^^^ 
 turnpike, railroad, highway or townway — upon the same level 57 Me., 117. 
 with the railroad, and be kept ringing until the said engine 
 shall have passed said turnpike, railroad, highway or townway ; 
 and it shall be the duty of each railroad corporation to cause 
 boards to be placed and constantly maintained across each 
 turnpike, railroad, highway or townway, where it is crossed 
 by the railroad on the same level therewith, the said boards to 
 be well supported by posts or otherwise, and to be of such 
 height as to be easily seen by travellers, without obstructing 
 the travel; and on each side of said boards the following in- 
 scription shall be printed, in capital letters of at least the size 
 of nine inches each; — eaileoad ckossing, look out fob the 
 ENGINE WHILE THE BELL RINGS. — And if the mayor and alder- ^^"c^rogg^j^g' 
 men of any city, or selectmen of any town, wherein any turn- highway, &o., 
 pike, highway or townway so crossed by any railroad is sit- seeiawofisee 
 uate, shall be of opinion that the foregoing provision is not a c^- 32 and 36. 
 sufficient security to the public, in any particular cases, and 
 that it is necessary for such security that gates should be 
 erected across the railroad, and that an agent should be sta- 
 tioned to open and close said gates whenever any engine Gates, when to 
 passes, the said selectmen may request in writing said railroad be erected, 
 
 ■: ° Remedy In case 
 
 corporation to erect said gates, and station said agent as afore- of refusal, 
 said; and in case said railroad corporation shall neglect or ^""i™ ^^"^ ^*'*' 
 refuse _ so to do, the said mayor and aldermen, or selectmen, 
 may apply to the county commissioners for their decision upon 
 the reasonableness of such request. And if said commis- 
 sioners, after due notice, and hearing the parties, shall decide 
 that the erection of said gates, and providing said agent is 
 necessary for the security of the public, it shall be the duty of 
 said railroad corporation to comply with their decision. And 
 m case said commissioners shall be of opinion that the estab. 
 lishment of said gates and agent is not required as aforesaid, 
 the said mayor and aldermen and selectmen shall be liable to 
 
584 
 
 GENEEAL RAILROAD LAWS. 
 
 Liability of 
 railroad for not 
 providing bells 
 and gates. 
 29 Me., 307. 
 
 Shares in the 
 capital stock, 
 transferred. 
 
 Transfer when 
 
 valid. 
 
 See law of 1838, 
 
 ch. 326. 
 
 pay all the costs of their application. But if the said appli- 
 cation s'hall be sustained by said commissioners, the costs 
 thereof shall be paid by said railroad corporation. 
 
 Sect. 8. That if any railroad corpo"fation shall unreasonably 
 neglect or refuse to comply with any or either of the requisi- 
 tions of the preceding section of this act, they shall forfeit and 
 pay to the use of the State a sum not exceeding five hundred 
 dollars, to be recovered by action, or indictment in any court 
 of competent jurisdiction. And if any agent stationed, as 
 aforesaid, shall neglect or refuse to open or close said gates, 
 for the safe passing of the engine op the railroad, or the trav- 
 eller on the turnpike, highway or townway, he shall forfeit 
 and pay, to the use of the State, for every such neglect or re- 
 fusal, a sum not exceeding fifty dollars, to be recovered as 
 aforesaid ; and the railroad corporation shall also be liable for 
 all damages sustained by any person, in consequence of such 
 neglect or refusal of any of their agents, or by any negligent 
 and careless mismanagement of their engines, in an action on 
 the case by the person or persons sustaining such damages. 
 
 Sect. 9. That the shares in the capital stock in any railroad 
 corporation may be transferred by conveyance in writing, re- 
 corded either by the treasurer, in books to be kept in his ofB.ce, 
 or by an officer duly authorized for that purpose by the direc- 
 tors, in books to be kept at such other place as they may ap- 
 point, within this State. And no conveyance of any such 
 shares shall be valid, to liold the same against the legal claims 
 of any other person or persons than the grantor or grantors, 
 or his or their executors or administrators, unless so recorded. 
 And on the making of such transfer the certificates of the 
 shares transferred shall be given up and cancelled, and new 
 certificates shall be issued to the purchasers of shares, unless 
 some attachment of said shares should intervene, and in 
 that event the issuing of said certificates shall be suspended 
 until said attachment is dissolved, or the shares sold by pro- 
 cess of law. And it shall be the duty of every railroad corpo- 
 ration to cause a transcript of the record of all transfers, not 
 originally recorded on the books, kept by the treasurer, to be 
 entered on the books of the said treasurer, within ten days 
 
GENERAL KAILEOAD LAWS. 585 
 
 from the date of the original record. And in case such tran- 
 script is not thus entered, the transfer shall not operate to the 
 prejudice of any intervening claims. 
 Sect. 10. That all acts and parts of acts, inconsistent with 
 
 Act to take 
 
 the provisions of this act be, and the same hereby are repealed, eflfect Marcii i, 
 and this act shall take effect from and after the passing there- ^*^®- 
 of. Approved March 1, 1836. 
 
 LAWS OF 1836, CHAP. 217. 
 An additional act concerning corporations. 
 Be it enacted, c&c. That the provisions of the first section „ ^. , ^ , 
 
 ' '^ _ Sectioul, ofact 
 
 of the act entitled "an act concerning corporations" passed passed Feb. le, 
 February sixteenth, one thousand eight hundred and thirty- 
 six, be and the same are hereby so far extended and enlarged, 
 as to authorize all corporations which have been or may be 
 created by this legislature, or which may be created by any 
 future legislature, to make any by-laws for their own govern- AUcorpora- 
 ment, the due and orderly conducting of their affairs and the make ty-iaws. ' 
 management of their property with the right to establish and 
 affix such penalties and forfeitures for the breaches thereof as 
 may be just and reasonable ; and enforce the same, in any 
 court of law proper to try the same. Approved March 21, 
 1836. 
 
 LAWS OP 1837, CHAP. 289. 
 
 .• Ofl&ce, records 
 
 An additional act concerning corporations. *"'' Papers of 
 
 clerk of every 
 
 Be it enacted, (&c. Sect. 1. That every corporation, which chartered by 
 has received a charter, or shall hereafter receive a charter *^'^ ^^^ *° ^ 
 
 kept within this 
 
 from the legislature of this State, shall be and hereby are state. 
 required to keep the office of its clerk, together with its records ^hap m ana' 
 and papers at some place within this State. i*5- 
 
 Sect. 2. That it shall be the duty of the clerk of each pri- D„ty of the 
 vate corporation, within twenty days from the time of his ap- oierkofeaeh 
 
 m -ii 1 I. T fv I. 1 private corpor- 
 
 pomtment, to nle a certificate thereof in the onice of the reg- ation within 20 
 ister of deeds in the county where such corporation is estab- ^e 'ister^of '^*'' 
 fished, and also in every county in which it it shall operate, deeds a certifl- 
 Approved March 29, 1837. pointme'^t.''^" 
 
 37 
 
586 
 
 GENERAL RAILROAD LAWS. 
 
 Stock of manu- 
 facturing^ or 
 other corpora- 
 tions, how 
 transferred. 
 
 Proyiso. 
 
 Former acts re- 
 pealed. 
 
 See law of 1836, 
 chap. 201, sec. 9. 
 
 LAWS OP 1838, CHAP. 325. 
 
 An act in relation to the mode of transfer of shares of capital stock of 
 corporate bodies. 
 
 Be it enacted, (Sic. Sect. 1. That stock in any, manufactur- 
 ing or other corporation, incorporated by a law of this State, the 
 capital stock of which is divided into shares, may be transferred 
 by endorsement and delivery of the certificates thereof; such 
 endorsement being by the signature of the proprietor of such 
 stock, or his or her attorney or legal representative. But the 
 title to such stock shall not pass from such proprietor, until 
 such transfer has been so far entered on the corporate records, 
 as to show the names of all the parties thereto, and the date 
 of the transfer. 
 
 Sect. 2. That all acts and parts of acts inconsistent with 
 the provisions of this act be, and the same hereby are repealed. 
 Approved March 15, 1838. 
 
 To carry per- 
 sons and mer- 
 chandise of 
 other connect- 
 ing railroads. 
 
 In case of re- 
 fusal other 
 roads may carry 
 over railroads 
 so refosing. 
 46 Me., 76. 
 
 LAWS OF 1842, CHAP. 9. 
 An act relating to railroads. 
 
 JBe it enacted, c&c. Sect. 1. That every railroad corpora- 
 tion, 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 merchandize 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 
 
GENEEAL EAILEOAD LAWS. 587 
 
 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 fur- 
 ther provided, that the road intersected with shall not be lia- injories topas- 
 
 ^ . Bengers, &o., 
 
 ble for any injuries that shall arise to the passengers, baggage, how paid, 
 or merchandise, which are transported in the cars of the inter- 
 secting road ; when said injuries shall arise from any defect in 
 said cars, or negligence, or improper or unskilful condiict, 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 
 
 ■■ ^ Onebrakeman 
 
 run, upon their road, any train of cars, moved by steam to every two 
 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 penalty for 
 of any railroad corporation, or any person employed in con- "^egiiKenee. 
 ducting the train upon any railroad, shall be guilty of 
 negligence or carelessness, 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 
 twelve months, or by fine not exceeding one thousand dollars: 
 but nothing in this section shall exempt said corporation from 
 an action in damages to any person or corporation sustaining 
 such injury. 
 
 Sect. 5. When any injury is done to a building or other 
 property of any person, or corporation, by fire communi- ^'ye, company 
 cated by a locomotive engine of any railroad corporation, the ages, when. 
 
 • T 37 "Ma 92 * ^ 
 
 said coi-poration, shall be held responsible in damages to the ue. sgo- « 
 person or corporation so iniured: and any railroad corportaion Me-iSS; 58 Me., 
 
 tj.'.t/ r 82' 47 Me 524 
 
 shall have an insurable interest in the property for which it see laws im, 
 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 main- Fences to be 
 tain substantial, legal, and sufiicient fences on each side of the maintained. 
 
 , See laws of 
 
 land taken by them for their railroad, where the same passes isbs, ch. «, 
 through enclosed or improved lands; and for neglect or failure i87o,ch.*82; ' 
 
588 
 
 GENERAI, RAILEOAD LAWS. 
 
 1873, oh. 126; 
 1875, ch. 17. 
 29 Me., 30TT 
 See law of 1868, 
 ch. 186. 
 59 Me., 520; 60 
 Me., 245. 
 
 Beal and per- 
 sonal property, 
 where taxed. 
 Amended 1815, 
 ch. 165; 1874, 
 ch.258; 1875, 
 chaps. 16 and 19, 
 
 Agent to be 
 kept in this 
 State to furnish 
 assessors with 
 certificates. 
 
 Lien for taxes. 
 
 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 insulfieient, and to be fined in such sum as 
 shall be adjudged necessary to repair the same ; and such fine 
 shall be expended for the erection or repair of said fence, 
 under the direction of an agent appointed by said court, as in 
 case of fines imposed upon towns for deficiencies of high- 
 ways. Approved March 7, 1842. 
 
 LAWS OP 1843, CHAP. 9. 
 
 An act providing for the taxing of railroads and railroad property in this 
 
 State. 
 
 JSe it enacted, c&c. Sect. 1. That all the real and per- 
 sonal property of any railroad company, heretofore incorpor- 
 ated, or which may be hereafter incorporated in this State, 
 shall be held and deemed real estate for the purpose of taxa- 
 tion, 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 thou- 
 sand eight hundred and forty-three, to furnish the assessors of 
 each city, town, and plantation through which any such rail- 
 road 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 making such railroad, together with the 
 costs" of depots and lands taken for, and damages awarded in 
 consequence of, such railroad 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 rela- 
 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 aU 
 taxes, highway taxes excepted, thereon, as on other real estate, 
 
GENERAL RAILROAD LAWS. 589 
 
 and a lien shall be had on all sncli 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 ^^i^^ 
 railroad 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, 1843. 
 
 LAWS OP 1845, CHAP. 165. 
 
 An act providing for the taxing of railroads and railroad property in this 
 
 State. 
 
 J5e ii enacted, t&c. Sect. 1. That all the real estate of any 
 railroad company heretofore incorporated, or which may be ^^"^ty ■^tere 
 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 estimated like other real estate of the same 
 quality and value in such city, town, or plantation : provided, 
 however, that the track of any railroad belonging to any rail, 
 road 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 „^ 
 
 ^ '' Slices to be 
 
 railroad company in this State, shall be deemed personal personal estate 
 estate, and 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 pur- accounts to be 
 pose, a regular account of all their disbursements, expendi- ^'"^*' 
 
 . ' r Amended 1867, 
 
 tures, and receipts ; and the books of said corporation shall at ch. 64; 1874, ch. 
 all times be open to the inspection of the governor and coun- ^^*" 
 oil, and at the expiration of every year the treasurer of every 
 such corporation shall make an exhibit under oath to the legis- 
 
590 
 
 GENEEAL RAILROAD LAWS. 
 
 Acts repealed. 
 
 lature of the disbursements, expenditures, and receipts upon 
 their respective railroads. ' 
 
 Sect. 4. All acts and parts of acts heretofore passed pro- 
 viding for the taxing of the track of any railroad or the land 
 on which the same is constructed, as real estate, are hereby 
 repealed. Approved April 7, 1845. 
 
 Wilful ii^jury, 
 how pimislied. 
 Amended 1873, 
 cb. 108. 
 
 Additional 
 punishment. 
 Amended 1873, 
 oh. 108. 
 
 If life is lost, 
 offence to be 
 murder. 
 Amended 1873, 
 oh. 108. 
 
 LAWS OF 1846, CHAP. 197. 
 
 An act for the prevention and punishment of the wilful and malicious 
 obstruction of railroads. 
 
 JBe it enacted, dbc. Sect. 1. That if any persons shall wil- 
 fully 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, with intent that any person or prop- 
 erty passing on and over such railroad should be injured there- 
 by, and thereby putting in jeopardy human life, every person 
 so oifending 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 
 displacing, disadjusting, breaking down, ripping up, injuring, 
 destroying, or placing of any obstruction, as in the preceding 
 section mentioned, with the intent therein set forth, any per- 
 son 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 addi- 
 tional aggravation of the offence, and the person offending 
 shall be punished accordingly by such further prolonged con- 
 finement to hard labor in the State prison as the circumstances 
 of the case may demand. 
 
 Sect. 3. If any person sliall wilfully and maliciously dis- 
 place 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 
 
GENERAL RAILBOAD LAWS. 591 
 
 obstruction whatever on any such rail or railroad track, or 
 bridge, with intent that any person or property passing on and 
 ovfir said railroad should be injured tliereby, and if in conse- 
 quence 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 
 lives lost, every person so offending shall be deemed and taken 
 to be guilty of murder and sh^U 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 rail- 
 road now or which hereafter may be put in operation in this poateu. 
 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 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. Approved July 30, 
 1846. 
 
 LAWS OF 1847, CHAP. 19. 
 An act additional respecting corporations. 
 
 Be it enacted, dsc. That the provisions of sections fifteen, 
 
 sixteen, seventeen, eighteen, nineteen, and twenty, of chapter P'oyisions of 
 
 seventy-nine of the revised statutes, shall be extended to all n, is, i9and2o, 
 
 corporations, excepting banking corporations and corporations e. s. of i840-4i 
 
 for literary and benevolent purposes, and such as by the com- extended to 
 
 ^ rSii iro£icis> 
 
 mon law are termed quasi corporations. Approved July 28, 
 1847. 
 
 LAWS OF 1848, CHAP. 64. 
 An act relating to corporations. 
 
 Be it enacted, c&c. Sect. 1. That it shall be unlawful for 
 any corporation, excepting corporations for literary and benev- No division of 
 olent 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 be- 
 
 corporate funds 
 to be made to 
 
 par. 
 
592 GENERAL RAILEOAD LAWS. 
 
 low par value, except to close up the concerns of such corpor- 
 ation 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 
 
 Power of court of the corporate property, or funds, or of any portion thereof 
 
 in certain cases. n • n i i .• i 
 
 and m all cases where such corporation has corporate prop- 
 erty 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 be- 
 lieve that such corporation has property or rights in action in 
 the hands of its ofiicers or elsewhere, or that such corporation 
 has made division of corporate property or rights in action 
 among the stockholders thereof without first causing the pay- 
 ment 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 afore- 
 said ; and such person whether officers or stockholders of such 
 corporation or not, may be summoned into said court by 
 having a copy of said complaint duly served upon them four- 
 teen 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 knowledge relating 
 to any corporate property, or funds, or rights in action be- 
 longing 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 
 aforesaid; 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 dis- 
 
GENERAL EAILROAD LAWS. 593 
 
 closure, 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- 
 holders as aforesaid ; or any of said questions (at the request 
 of 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 corpora- 
 tion has any corporate property, funds, or rights in action, in 
 the hands of its officers or stockholders, so summoned as afore- 
 said, or elsewhere, or has made any division thereof as afore- 
 said, 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 pro- 
 cesses to enforce the said order and decree, and to cause pay- 
 ment 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 amend- 
 ment of said complaint, by striking out the names of any per- be amended"*^ 
 sons summoned 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 1849, CHAP. 141. 
 
 An act concerning corporations. 
 
 Be it enacted, c&e. That whenever any corporation insti- 
 tuted by any law of this State, or any stockholder, owner or J^^of ^t'>• *« 
 
 •^ »' ' ^ ? open to inspec- 
 
 member of such corporation, or other person, shall withhold tion of persons 
 
 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, stock- 
 
594 
 
 GEIOIRAL RAILROAD LAWS. 
 
 —penalty for 
 leftasing. 
 
 Proviso. 
 
 holder, member, owner, or other person so withholding, neg- 
 lecting, 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 with- 
 hold 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 corporation, 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 result- 
 ing therefrom : provided, however, 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 possession such records or 
 books, provided said books are beyond his or their control: 
 provided, further, that this act shall not effect nor operate 
 upon any cause now pending. Approved August 15, 1849. 
 
 LAWS OF 1849, CHAP. 145. 
 
 An act in relation to the returns of railroad corporations. 
 
 Me it enacted^ <&c. Sect. 1. Tliat every railroad corpora- 
 tion 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 ofiBce of the secretary of State, 
 twenty days before the annual mefeting 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, 
 ch. 94, and 1874, ^-^^ ^^q amount Called and paid in; third, the whole cost of 
 
 , -clj. 218. . JT 7 ' 
 
 the road, showing the amount expended for the purchase of 
 lands, for grading, for expenses of engineering, for bridging, 
 for masonry, for- iron, for passenger and other cars; fourth, 
 the amount and nature of its indebtedness and the amount 
 
 Annual returns 
 to be made. 
 
 TVliatto 
 contain. 
 Amended 1863, 
 cb. 41, and 1865, 
 «b. 171; 1867, 
 
GENERAL EAILROAD LAWS. 595 
 
 due to the corporation ; fifth, the nuaiber 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, engines, and cars; eighth, the number of miles 
 run by passenger, freight, and other trains respectively, and 
 the average rate of speed; ninth, the whole number of stock- 
 holders, and the number 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 life or limb, the 
 cause of injury, and whether passengers or persons employed ; 
 thirteenth, whether any such accidents have arisen from care- 
 lessness or negligence of any person in the employ of the cor- 
 poration, and whether such person is retained in the service 
 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 re- tary of state, 
 ports in a tabular form, and prepare the same in a single Amended isss, 
 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 -^'^*a'^e 
 iuadred and fifty-one. Approved August 15, 1849. issi. 
 
 LAWS OF 1850, CHAP. 203. 
 
 An act in relation to railroad companies. 
 
 Be it enacted, c&c. Sect. 1. All railroad companies now ^n'es topaT 
 chartered, or that may hereafter be chartered by the State, *'^«* °^ county 
 
 L n n /» T 1 PI . commissioners. 
 
 snail pay all tees and other expenses ot the county commis- g^^ ^^ ^^ ^^^ 
 sioners which shall hereafter be incurred in the settlement of <=•'■ ^'"■ 
 
 11 , . 1 . 1 • 11 establisMng 
 
 all questions between said companies and the owners or occu- fees of oommis- 
 pants of lands through which said railroads are located ; pro- 
 vided, however, that when an appeal from the decision of the 
 county commissioners is taken to a jury upon the question of 
 damages the losing party shall pay the costs of said appeal. 
 
 Sect. 2. This act shall take effect from and after its ap- 
 proval by the governor. Approved August 29, 1850. 
 
 sioners. 
 60 Me., 285. 
 
 Proviso. 
 
596 
 
 GENERAL RAILROAD LAWS. 
 
 Power to issue 
 bonds for cer- 
 tain purposes. 
 Amended 18S6, 
 oil. 248; 1857, 
 ch. 67.— See 
 laws 1864, oh. 
 238, sect. 5; 
 laws of 1864, 
 oh. 265; 1866, 
 oil. 25; 1868, 
 cli.208; 1871, 
 oh. 198. 
 
 Bonds issued, 
 amount of, &c. 
 
 LAWS OF 1852, CHAP. 220. 
 An act in relation to bonds issued by railroad corporations. 
 
 Be it enacted, c&c. Sect. 1. Every railroad corporation 
 within this State, shall have power to issue its bonds for the 
 purpose of building or furnishing its road, or paying any debts 
 contracted in the building and equipment of the same, bear- 
 ing interest not exceeding six per cent, per annum, and 
 secured in such manner as they may deem expedient. 
 
 Sect. 2. Bonds issued under the provisions of this act shall 
 not be for sums less than one hundred dollars ; and all 
 bonds issued by any company under this act, shall be binding 
 on said company and collectable in law, notwithstanding such 
 bonds are negotiated and sold by such corporation at less than 
 the par value thereof. 
 
 Sect. 3. This act shall take effect on and after its approval 
 by the governor. Approved January 30, 1852. 
 
 Bailroads, as- 
 signment of 
 charter, &c., 
 prohibited, 
 without au- 
 thority of the 
 legislature. 
 See law of 1869, 
 ch. 193. 
 
 lease, assign- 
 ment, &c., 
 declared void. 
 
 Duty of attor- 
 ney general. 
 
 LAWS OP 1852, CHAP. 247. 
 
 An act concerning railroads. 
 
 Be it enacted, c&c. Sect. 1. It iS hereby declared that no 
 railroad company has or shall have a right to assign its char- 
 ter, or any of its privileges, immunities or franchises, without 
 the express authority of the legislature therefor; nor shall any 
 railroad company, without such express authority, lease its 
 road or any portion thereof, or grant the use and enjoyment 
 thereof or any portion of the same to any other person or cor- 
 poration, or in any way grant the use, possession, or control of 
 the same to any other party or corporation, or in any way 
 place the control and management of the said road in the 
 hands of any other officers or parties than those contemplated 
 by the charter ; and any such lease, contract, agreement, assign- 
 ment or transfer heretofore or hereafter made is hereby de- 
 clared to be null and of no effect ; and it shall be the duty 
 of the attorney general, on suggestion or request of any per- 
 son complaining of a violation of the provisions of this act, 
 by any such corporation, to file an information, in the nature 
 of a quo warranto, against said corporation, before the su- 
 
GENERAL EAILEOAD LAWS. 597 
 
 preme judicial court, said court is and authorized to pass such Authority of 
 judgment, order or decree, as to justice and equity may apper- g^^'g^t "^" 
 tain in all such cases ; and provided, that nothing in this act -gvo^\ia. 
 shall extend to any agreement for the lease of the Somerset 
 and Kennebec Kailroad to the Kennebec and Portland Rail- contracts, &o., 
 
 . of certain rail- 
 road on the terms mutually agreed on by the stockholders in roads, not 
 
 both of said companies ; nor to affect any mortgage made for a*"^'^- 
 
 securing the debts of any corporation, or with any portion of 
 
 the Atlantic and St. Lawrence Railroad which lies within the 
 
 States of New Hampshire and Vermont. 
 
 Sect. 2. This act shall take effect in six months from and 
 
 after its approval by the governor. Approved April 13, 
 
 1852. 
 
 LAWS OF 1853, CHAP. 41. 
 
 An act concerning railroads. 
 
 Be it enacted, c&c. Sect. 1. It shall be the duty of every 
 
 ., , 1 1 ■ 1 , 1 n Death by acci- 
 
 railroad company on whose road any accident shall occur dentonrau- 
 whioh shall result in the death of any person, to give imme- ^"^^^ ^^^ °^ 
 
 '' '- . company. 
 
 diate notice to the county attorney, whose duty it shall be to see law of ises, 
 call forthwith upon some coroner of the county, whose residence ''''• ^'"• 
 is near the place where such accident shall occur, to take an 
 inquest upon view of the dead body or bodies of such persons 
 as shall have come to their death by such accident, in the 
 manner provided by the revised statutes of this State ; pro- 
 vided, however, that if the county attorney shall reside more 
 than ten miles from the place of such accident, said railroad Proviso, 
 company shall first call upon some justice of the peace in the 
 vicinity, to notify a coroner to hold such inquest, and then 
 forthwith notify the county attorney as aforesaid, that he may 
 be present at the hearing before said coroner. 
 
 Sect. 2. Any person in charge of a locomotive engine, or 
 acting as the conductor of a car or train, or as brakeman, or offlcers''in 
 as switchman, in the employment of any company, who shall "^^^^^ of train, 
 
 , . . ' . '^ •' •' r J 1 g^g ^ become 
 
 be intoxicated while so engaged on the railway, shall be intoxicated, 
 deemed guilty of a misdemeanor, and liable to fine not exceed- 
 ing one hundred dollars or imprisonment not exceeding six 
 
598 
 
 GENEEAL EAILROAD LAWS. 
 
 Ballroads not 
 to pass along 
 Mghways, 
 See law of 1871, 
 chap. 186. 
 
 — orosBing 
 Mghways, &c., 
 legulation of. 
 45 Me., 560; 4T 
 Me., 34; 49 Me., 
 156;;51Me.,313; 
 67 Me., 117; 58 
 Me., 46. 
 
 Liability for 
 Tiolation. 
 
 Proviso. 
 
 Decision of 
 county commis- 
 sioners may be 
 revised. 
 
 TaTdng of real 
 estate by rail- 
 road companies. 
 40 Me., 557; 
 43 Me., 356; 47 
 Me., 446. 
 
 months, or both, at the discretion of the court before whom 
 he may be tried. 
 
 Sect. 3. Raih-oads shall not be carried along any existing 
 highway, but must cross the same in the line of the railway, 
 unless leave be obtained from the town or city through which 
 the same shall pass. And no railroad shall be located across 
 any county road, until the place, manner and conditions of 
 such crosssDg shall have been ordered and determined, in writ- 
 ing, by the county commissioners, and recorded in the county 
 commissioners' office. And before such determination is made, 
 reasonable notice of the time and place of hearing upon the 
 same shall be given to the selectmen of the town in which 
 said crossing is proposed to be made. And no railroad shall 
 cross any street of a city, not a county road, without the writ- 
 ten assent of the mayor and aldermen of the city, which writ- 
 ten assent shall determine and state the manner and conditions 
 upon which such crossing may be made ; and shall be recorded 
 in the county commissioners' office. And every such crossing, 
 made contrary to the foregoing provisions, shall be considered 
 a nuisance, and liable to all the provisions of law relating to 
 nuisances, and the directors of the company, making the 
 same, shall be personally liable therefor. And all fees of the 
 commissioners, for the services herein specified, shall be paid 
 by the company; provided, however, that if the directors of 
 any railroad company shall be dissatisfied with the decision of 
 the county commissioners with regard to the crossing of any 
 county road, the governor may, upon the written application of 
 said directors, appoint in writing three disinterested persons, 
 not residents of the county where such crossing is proposed to 
 be made, who shall, after notice to said commissioners, and at 
 the expense of said company, proceed to revise such decision, 
 and to adjudicate upon the subject matter thereof, and their 
 adjudication, signed and recorded in the office of said county 
 commissioners, shall be final. 
 
 Sect. 4. No railroad company shall enter upon, or use, any 
 real estate, for the purposes of their road, except for making 
 surveys, until the location of said road oveE said estate shall 
 have been legally made, and filed in the office of the county 
 
GENERAL RAILROAD LAWS. 599 
 
 commissioners ; and wlien such location shall have been filed, 
 the said commissioners shall, before said company shall have 
 any right to use said estate for the purposes of said company, 
 after giving at least fourteen days' notice to the owner, pro- 
 ceed to view and examine such location, and shall allow and 
 approve the same, and shall make their adjudication there- 
 upon a matter of record ; and shall further, if requested by the 
 owner, order said company to give security for damages, 
 aeeording to the provisions of the sixth section of the eighty- 
 first chapter of the revised statutes, and such security shall 
 be given accordingly. Before any work of the construction 
 of the railroad shall be commenced upon the land so located^ 
 the raiboad company shall, at their own expense, make a suf- 
 ficient fence upon both exterior lines of the land so located 
 on or across any fields, pastures or wood-lots appertaining to ^^ ^^ ^^^ 
 farms, which fence they shall keep in good order and repair ch. 9, sect. 6. 
 during aU the time the work of such construction is carried jje. 235. 
 on upon such location. And for all acts done by any com- 
 pany, its servants, agents, or contractors, contrary to the pro- ?°'^™of'^*'*'* 
 visions of this section, the directors of such company shall be agents, &c. 
 personally liable, both jointly and severally, to the same extent, 
 and in the same manner as if said acts were performed by 
 themselves ; and an action therefor, against all or any num- 
 ber of said directors, shall be maintained in any court of 
 , eompetent jurisdiction. 
 
 ■ Sect. 5. No person who has sufiered damages by the loca- Remedy for 
 tion of any railroad, and is entitled to compensation therefor, ^^^''ses. 
 
 ,, „ ^ -, , ,, . Seelawof 1864, 
 
 or wno may hereatter sutler damages by any such location, oh. 231, and 
 and shall be entitled to such compensation, shall be barred of ^^^^\%. 44 
 his claim, nor shall any rights whatever be acquired against Me., 144. 
 him, if no proceedings shall have been, or shall be, instituted 
 under the provisions of chapter eighty-one of the revised 
 statutes to ascertain and determine such damages, within the 
 time specified in the fourth section of said chapter, or as is 
 hereafter provided ; but any such person shall be entitled to 
 his suit at law, as in case of trespass, or disseizin ; and may 
 also have a further remedy, as is hereinafter provided. 
 Sect. 6. All railroad companies shall be liable for trespass 
 
600 
 
 GENEEAL RAILROAD LAWS. 
 
 Railroad com- 
 panies liable 
 for trespass, 
 &c,, by con- 
 tractors. 
 59 Me. 620; 62 
 Me. 437. 
 
 Proviso- 
 notice of dam- 
 age to be given. 
 
 Right of 
 action, &c,, 
 against persons 
 committing 
 trespass. 
 Extent of 
 liability. 
 
 Damages, how 
 recovered. 
 
 56 Me., 531>. 
 
 Writ of irg unc- 
 tion. 
 
 upon, and injuries to, lands or buildings adjoining to, or in the 
 vicinity of, their respective roads, by any contractor, or per- 
 son in the employ of any contractor, or other person in 
 the employ of any snch company, in an action appropri- 
 ate to such trespass, or injury, in the same manner, and to 
 the same extent, as if such trespass or injury were done, or 
 occasioned by the direct and specific order of said company ; 
 provided, that the party claiming damages shall, within sixty 
 days after the damage is sustained, give notice to the com- 
 pany from which said damages are claimed ; and provided 
 also, that nothing herein contained, shall be construed to bar, 
 or affect, any remedy, or right of action, against the person 
 by whom such trespass, or injury, was done or occasioned, and 
 that the liability of such companies shall not extend to acts 
 of wilful and malicious trespass. 
 
 Sect. 7. In all cases where damages have been heretofore 
 ascertained and determined by the connty commissioners 
 against any railroad company, or where damages may here- 
 after be ascertained and determined against any such com- 
 pany as aforesaid, and where the proceedings in any such case 
 shall have been closed before said commissioners, if the 
 amount thus ascertained shall not be paid, or tendered, by 
 such company, within thirty days after the same shall have 
 been demanded of said company, the person to whom dam- 
 ages may have been awarded as aforesaid, or who may be 
 legally entitled to receive the same, may iile a bill in equity 
 before the supreme judicial court in the county where such 
 damages were ascertained and determined, in term time, or 
 in vacation, setting forth the facts in the case, and praying 
 for an injunction against said company, its servants, agents, 
 grantees, lessees, and all other persons whatsoever; and any 
 judge of said court may, after summary notice to said com- 
 pany, and to such other person or persons as said judge may 
 see fit to order notice upon, on proof of the facts aforesaid, 
 and without requiring any bond of the complainant, issue a 
 writ of injunction, according to the course of equity proceed- 
 ings, prohibiting and enjoining said company, its servants, 
 agents, grantees, lessees, and all other persons whatsoever, 
 
GENERAL RAILROAD LAWS. 601 
 
 from using or occupying any lands for which the damages 
 
 have not beea paid as aforesaid, for the purposes of said road, 
 
 or for any other purposes whatever, until such damages and 
 
 all interest and costs, and all the costs of such injunction, 
 
 shall have been fully paid and satisfied. And said bill being 
 
 duly entered in court, and continued for one term thereof after 
 
 such injunction shall liave been decreed, and duly served upon 
 
 said company, and all others named as defendants in said bill, 
 
 the said court may, at the term thereof to which said bill shall 
 
 have been continued as aforesaid, if said damages and costs 
 
 shall not then have been paid, make said injunction absolute. 
 
 And all rights whatever, in any lands for which the damages 
 
 have not been paid, and concerning wliich such proceedings -absolute. 
 
 shall have been had, and all rights of property in and to the ^. , , „ 
 
 ' ° 1 r .. Eights to lanfl, 
 
 superstructure of said road, and other erections, over and &c., to cease. 
 
 upon said lands, and the raateiials composing the same, in 
 
 any person, or persons, other than the owner of said lands, 
 
 shall thenceforth cease, and the owner of such lands may 
 
 maintain any appropriate action at law for, or in reference 
 
 thereto, in the same manner, and to .the same extent, as in Not to tar the 
 
 case of trespass, or disseizin. And nothing herein contained legal rights of 
 
 . . ■ ^ . . ^ any owners of 
 
 shall bar, or in any manner limit, any legal rights which any lana. 
 owner of lands might have, if this act had not been passed. 
 
 Sect. 8. If any railroad company, its servants, agents, 
 grantees, lessees, or other persons, shall, after the service of Breach of 
 such injunction, eitlier preliminary or absolute, continue to "y™"'"'"' 
 
 •f ' i- ^ ^ proceedings in 
 
 use and occupy the lands aforesaid, for any purpose, the said case of. 
 court may, at any term thereof, on motion of the complain- 
 ants in any such bill, order the directors of any such company, 
 or any other person, by, or under whom, said lands may have 
 been so used and occupied, to show caiise, at a time to be 
 fixed by said court, why a decree should not be entered and 
 execution issued against them, or either of them, and their 
 individual goods and estate, for the amount of all damages, 
 interest, and costs as aforesaid, and for such additional dam- 
 ages and costs as said court may order and decree for breach 
 of the injunction as aforesaid ; and upon service and retxirn 
 of such order the court may enter such decree for damages 
 38 
 
 68 Me., 279. 
 
602 
 
 GENERAL EAILEOAD LAWS. 
 
 Persons inter- 
 ested, not own- 
 ers, in lands, 
 entitled to 
 remedy. 
 
 Non-perform- 
 ance of 
 awards, &c. 
 
 Any persons 
 entitled to dam- 
 ages may liave 
 remedy by 
 injunction. 
 
 and costs as may be a just and equitable remuneration to the 
 complainants, against all or any of such directors and other 
 person or persons, or either of them, as their individual or 
 official action or neglect, and the nature of the case, may jus- 
 tify and require, and issue execution therefor, against any or 
 all such persons, either jointly or severally. And nothing 
 herein contained shall be construed to limit or affect the right 
 of said court to proceed against any person or persons for 
 breach of any such injunction, as in other cases. 
 
 Sect. 9. Any person, not the owner of lands taken by any 
 railroad company under the provisi ons of its charter, and of 
 the eighty-first chapter of the revised statutes, but who may 
 have a direct interest in the use or occupation of any such 
 lands, for any purpose or to any extent, shall be entitled to 
 all the remedies provided for the owner of lands taken as 
 aforesaid. 
 
 Sect. 10. Whenever any railroad company has been, or 
 may hereafter be, required by any award or estimate of dam- 
 ages, upon which all proceedings have been or may be closed, 
 to do or perform any act, or to omit the doing or performing 
 any act, and the same shall not be done within a reasonable 
 time after notice and request, or shall hereafter be done con- 
 trary to said award, as the case may be, the person suffering 
 damages as aforesaid, shall be entitled to all the remedies 
 hereinbefore provided. 
 
 Sect. 11. In all cases where no proceedings have been, or 
 shall be, instituted within the time limited in chapter eighty- 
 one of the revised statutes, or as is hereafter provided, to 
 ascertain and determine the damages as aforesaid, any person 
 entitled thereto may have the remedy by injunction, provided 
 in the seventh section of this act; and the court may, if the 
 same is prayed for in said bill, proceed to ascertain the dam- 
 ages which such person has suffered by the acts and doings 
 of any such railroad company, or any other person or persons 
 defendants in said bill, and to make a decree, and issue exe- 
 cution accordingly. And any such complainant shall be fur- 
 ther entitled to all the remedies for breach of any injunction 
 hereinbefore provided. 
 
GENERAL RAILROAD LAWS. 603 
 
 Limitation in 
 cases where 
 
 Sect. 12. In all cases where the time limited in the fourth 
 section of chapter eighty-one of the revised statutes shall have 
 expired before this act takes effect, or within six months there- proceedings 
 
 - have not been 
 
 after, and no proceeding shall have been commenced under commenced, 
 said act to ascertain and determine the damages therein re- ^^^-i**- 
 ferred to, one year from and after the day when this act shall 
 take effect as aforesaid, shall be allowed for that purpose. 
 
 Sect. 13. In all cases where proceedings have been, or may _iia,yebeen 
 hereafter be, instituted for the recovery of damages, under the commenced, 
 provisions of the eighty-first chapter of the revised statutes, ^j. jggg gji^p' 
 within the time specified in the fourth section thereof, which 204, sect. 1. 
 proceedings have failed, or may hereafter fail, of judgment, ^^^^ J^^p_ gj^ 
 for any error or informality, or other cause not afi'ecting the ««<"• ^■ 
 merits of the application on which such proceedings are 
 founded, one year from and after the approval of this act, for 
 cases occurring before sucli approt^al, and one year from and 
 after such failure, for cases that may hereafter occur, shall be 
 allowed, wherein to institute new proceedings. And a judg- 
 ment obtained upon any such new proceedings shall have all 
 the incidents provided by law for proceedings instituted with- * 
 in the time specified in said fourth section. 
 
 Sect. 14. Where county commissioners shall make their 
 report upon any question of damages occasioned by taking ™^^yco^X" 
 lands for the purposes of a railroad, and the same shall be commissioners, 
 duly recorded at a regular term of the court, it shall be the given, &'o. 
 duty of the clerk of such court forthwith to notify all parties '^^^g^'^ ^^^' 
 interested therein, that such report has been made and record- 6o.M6.,285. 
 ed, giving to each notice of the amount awarded to him ; 
 which notice shall be given to parties within the State, whose 
 names and places of residence are known, by service of such 
 notice upon them, or their attorney of record, by an officer, 
 and upon parties living without the State, and having an at- 
 torney of record, by service upon such attorney ; and in all 
 other cases, by causing such notice to be inserted three weeks 
 successively in some newspaper published within the county. 
 And the expense of such notice shall be added to the costs of 
 the proceedings in the case, and paid accordingly. And if no 
 petition for redress shall be filed in the office of the county 
 
604 GENERAL RAILROAD LAWS. 
 
 commissioners within thirty days after such notice, the pro- 
 ' ceedings in such case shall be closed. And if the party by 
 whom such petition for redress is presented shall fail to prose- 
 cute the same before the regular term of the court holden 
 
 Commissioners i. ii. • ^ i-i- • ^i i ^i • ^ ■ ■ 
 
 may order pro- ''^^^^ alter Said petition 18 iiled, the said commissioners may, 
 ceedings qu motion of the other party, and unless good cause is shown 
 
 closed in certain x ^ j a 
 
 cases. why the same should not be done, order the proceedings in 
 
 the case to be closed, and make their final decree thereon, and 
 such petition for redress shall not be afterwards entertained. 
 Sect. 15. "Whore a report has heretofore been made, or 
 
 Claim for dam- i n , j.. i i i , . . i. 
 
 ages, how satis- Shall hcreaiter be made, by county commissioners, on an appli- 
 *®'^- cation to determine the damages occasioned by taking lands 
 
 for railroad purposes, under the provisions of law, and the 
 proceedings on such applications have been, or may be closed, 
 a deposit by any railroad company, with tlie clerk of said 
 court, of the amount allowed for said damages, with interest 
 thereupon from the time of record of such report, and of such 
 costs as may be allowed thereby, with all other legal costs, shall 
 be a full satisfaction of such claim for damages ; provided, no 
 demand shall have been previously made therefor, and pay- 
 ment refused or neglected. 
 
 Sect. 16. The security provided for in the sixth section of 
 
 the eighty-first chapter of the revised statutes, and by this act, 
 
 seoority. shall be a deposit of specie or the notes or obligations of a 
 
 Eefersto law of gtate Or public Corporation, unless the person for whose benefit 
 
 1836, chap. 204, "^ . . 
 
 sect. 2. such security may be required shall consent that other security 
 
 may be received ; and such deposits shall be made with the 
 clerk of the court requiring the same, and shall be at the 
 risk of the company making the same. And so much of said 
 specie as may be sufficient to satisfy the judgment recovered 
 shall be paid over to the party entitled to receive the same in 
 satisfaction of such judgment. And such notes or obligations 
 shall be dehvered by such clerk to the officer having the war- 
 rant of distress issued upon any such judgment ; and shall be 
 by him sold thereon in the manner provided by law for the 
 
 priatedT'"' Sale of personal property on execution, and the proceeds ap- 
 propriated in satisfaction of said warrant and his fees, and the 
 balance, if any, shall be paid to the treasurer of the company 
 
GENERAL RAILED AD LAWS. 605 
 
 by which the same were deposited. And if any railroad com- 
 pany shall neglect or refuse to give any snch security for more ^g°'^^f n"T " 
 than thirty days after the same has been required by the coun- &c., to give 
 ty commissioners, the party for whose benefit the same is seeiawof isei, 
 required shall be entitled to all the remedies by injunction pro- "^^^^ ^' 
 vided by this act. 
 
 Sect. 17. Service of any bill, subpoena, notice, order, injunc- 
 tion, or decree, provided for in this act, may be made upon gg^vioe of 
 the president of any company, and if there be no president, precepts, how 
 upon any other officer thereof, and if there be no officers, then 
 upon any stockholder. And service of any writ of injunction 
 issued under the provisions of this act upon any person, wheth- 
 er a party to the bill or not, shall be binding upon him, and 
 he shall be liable to all the consequences and penalties herein 
 provided, for breach of such injunction. 
 
 Sect. 18. The annual re])orts of railroad corporations, re- 
 quired to be made to the secretary of State as provided in to secretary'of 
 chapter one hundred and forty-five of the statutes of eighteen ^"'"'• 
 
 r -J o See laws of 
 
 hundred and forty-nine, of the operations of the year ending ]849, chap. us. 
 on the first of January, shall be made within the month of ^^^^g^ ^^^ ' 
 February in each year, instead of the time now required by i8T4, chap. 218. 
 law. It shall be the duty of the secretary of State to prepare 
 the necessary printed blank forms for such return, and for- for returns, 
 ward a suitable number of copies thereof to the several rail- 
 road companies in the month of ITovember in each year. If 
 any railroad company shall wilfully refuse or neglect to make neglect to make 
 such return, they shall be liable to a fine of one thousand dol- '^^''"■"• 
 lars to the use of any party suing for the same. 
 
 Sect. 19. Every railroad corporation in this State shall, in 
 the month of September in each year, agree upon and fix their toUs, reguia- 
 rates or tariffs of toll for the transportation of timber, bark, 3™]°^*^ '18,2 
 and wood, which may be rated by the thousand feet or by the ehap. 84. 
 cord or ton per mile. Such corporation shall, on the first day 
 of October in each year, post up at all the stations and depots 
 on their road, a copy of such rates or tariifs of toll, and shall 
 cause said copy to remain so posted through the year ; and if 
 such corporation shall neglect to post up as aforesaid, or shall 
 for one year after the rates of toll are posted as aforesaid, 
 
606 GENERAL EAILEOAD LAWS. 
 
 charge or receive any higher rates of toll than shall be fixed 
 upon and posted as aforesaid, such corporation shall forfeit 
 and pay the sum of one hundred dollars to any person who 
 may sue for the same, said forfeiture to be recovered in any 
 appropriate action and before any coui't competent to try the 
 same. 
 
 Sect. 20. Whenever by the provisions of the charter, or of 
 
 any statute, a railroad company is bound to make or maintain 
 
 renoea. fences bordering on such road, and said company shall neglect 
 
 See law of 1842, Or rcfusc to make and maintain such fence, whereby, the 
 
 chap «! 8«ft!'4; owner of lands through or by which said railroad passes, is 
 
 1870, chap. 82; liable to suffor damage by reason of such neglect, such land 
 
 1871, chap. 218; ^ i ^ i i i 
 
 1873, chap. 126; owner may notify the superintendent of said railroad company, 
 39Me'^276^^' ^J S^^^^S thirty days notice in writing, that such fence has 
 not been made, or if made is in bad repair, and in case the 
 company shall refuse or neglect, for thirty days after such 
 notice has been given as aforesaid to make and maintain such 
 fence, they sliall forfeit and pay to the land owner the sum of 
 one hundred dollars for each month they shall refuse or neg- 
 lect to make and maintain such fence, after the expiration of 
 said thirty days, said forfeiture to be recovered in any appro- 
 priate action and before any court competent to try the same. 
 Sect. 21. This act shall take efiect and be in force in thirty 
 days from and after its signature by the governor. Approved 
 March 30, 1853. 
 
 LAWS OF 1853, CHAP. 44. 
 
 An act concerning the effects of passengers transported by railroad cor- 
 porations and other common carriers. 
 
 Be it enacted, c&o. Sect. 1. Every railroad corporation. 
 
 Unclaimed . , i • i • o j 
 
 baggage, adver- and the proprietors 01 every steamboat in this btate, engaged 
 tisementof. in the transportation of passengers, shall, in the months of 
 January and July in each year, publish a discription list of all 
 trunks, carpet bags, valises, parcels, and passengers' effects 
 whatsoever, which may at any time have been left, and shall 
 on such day remain unclaimed at any passenger station or 
 oifice, or otherwise in the possession of such corporation, or 
 
-how disposed 
 
 GENEKAL RAILROAD LAWS. 607 
 
 proprietors, or their agents, the said list to indicate all such 
 specific marks as may serve to identify the same, said publica- 
 tion to be made in one newspaper at least in. every county of 
 the State, in which such railroad corporation or steamboat 
 proprietors may have a passenger station or office. 
 
 Sect. 2. If, at the expiration of six months after such ad 
 vertisement as aforesaid, any of the articles so advertised shall of. 
 still remain unclaimed, then the railroad corporation, or steam- 
 boat proprietors, in whose possession they may be, sliall give 
 notice to the mayor or aldermen of the city, or the selectmen 
 of the town, in which respectively such articles may be ; and 
 the said mayor and aldermen, or the selectmen shall cause the 
 said articles to be examined, and may either order tliem to be 
 sold at public auction, first advertising them in manner and 
 place aforesaid, or may in their discretion order the said articles 
 or any of them to be again advertised, and to remain another 
 six months before being sold. 
 
 Sect. 3. The proceeds of all articles thus sold, after deduct- 
 ing the costs of storage, advertising and other expenses due to Proceeds ot 
 the railroad corporation or steamboat proprietors, aforesaid, 
 and also the cost of the said exfimination and sale, shall be 
 paid over to the treasurer of the State for tlie use of the same. 
 
 Seot. i. If any such railroad corporation or steamboat pro- 
 prietor shall neglect or omit so to advertise and cause to be Penalty for 
 
 , , , neglect to ad- 
 
 fexamined any such passengers' efiects left as aforesaid, such vertise, &c. 
 corporation and proprietors, respectively, shall be subject to 
 an action for damages on the part of any person aggrieved 
 thepeby, and shall also be subject, to a penaltj'' of one hundred 
 dollars for each and every case of neglect or omission, to be 
 recovered by process in any competent court, and to enure, 
 one-half to the complainant, and the other half to the county 
 in which the case occurs. 
 
 Sect. 5. Whenever any action shall be brought by the pas- 
 senger against any railroad corporation, steamboat proprietors a description 
 or other common carriers, to recover damages for any trunk, J'^'of articles 
 
 ' o ./ ? lost may be put 
 
 carpet bag, valise or otiier parcels missing, lost, damaged or in evidence, 
 destroyed, or for the contents thereof, and when the plaintiff 
 shall, at the trial of such action, have made proof of the bail- 
 
608 GENERAL EAILEOAD LAWS. 
 
 ment of the said trunk, carpet bag, valise or other parcel to 
 snch railroad corporation, steamboat proprietor or other com- 
 mon carrier, or their agents, and of the subsequent loss, des- 
 truction, or damage of the same or of the contents thereof, by 
 the fault of such carrier or of the agents of such carrier, then 
 the plaintiff shall be allowed to put in evidence in the case, a 
 description list, sworn to by him, of so much of the contents of 
 such trunk, carpet bag, valise or other parcel, as may consist of 
 Proviso. convenient wearing apparel and other traveling equipage of the 
 
 party, provided that in such case, the defendant in the action 
 may interrogate the plaintiff as to the contents of such trunk, 
 carpet bag, valise or other parcel, and the value thereof; and 
 provided further, that the testimony of the plaintiff, when so 
 received, shall be subject to the same exception of law, in 
 other respects, as that of any other witness. Approved 
 March 30, 1853. 
 
 LAWS OF 1854; CHAP. 93. 
 
 An act to proyide a tribunal for regulating the joint business of railroad 
 
 companies. 
 
 lie it enacted, c&c. S:E(fr. 1. Whenever any railroad com- 
 Raiiroad con- panies which have been or may hereafter be chartered by the 
 fares In case of legislature, shall fail to agree upon terms of connection, or 
 disagreement of the rates at whicli passcngers and merchandise coming; from 
 
 companies, how i. o o 
 
 determined. the One shall be transported over the other, the supreme 
 46 Me., 69, 77. judicial court holden at any term in any county in which either 
 of such connecting roads shall be located, on application of 
 either party, and after such notice to the other as the court shall 
 direct, shall appoint three commissioners to determine the 
 matter. 
 
 Sect. 2. Said commissioners shall upon due notice to the 
 Award of com- parties interested, and after hearing the same, proceed to 
 determine and award, in writing, upon the matter submitted, 
 and prescribe the things to be done and performed by the 
 parties or either of them. The award of said commissioners 
 or a majority of them, shall be returned to the supreme judi- 
 cial court in the same county where the application was made, 
 and shall be there accepted and recorded, unless the court. 
 
 missioners. 
 
GENERAL RAILROAD LAWS. 609 
 
 for cause shown, shall order the same to be recommitted for 
 further hearing and determination. And upon the acceptance 
 of such award, it shall be binding upon the respective parties 
 interested in the same, until a new award shall be made upon 
 a further application ; but no application for a new award 
 shall be entertained until the expiration of one year from the 
 day of the acceptance of the preceding award. 
 Sect. 3. The court shall have power to prescribe the mode 
 
 ' ^ . Mode of pro- 
 
 of proceeding by said commissioners, and shall issue all such ceeding of oom- 
 
 ■processes as may be necessary to secure the due execution and ^u^^aT 
 
 performance of any award made and accepted under the pro- prescribe. 
 
 visions of this act. Approved April 18, 1854. 
 
 LAWS OF 1854, CHAP. 107. 
 An act in addition to an act concerning railroads. 
 
 Be it enacted, d;c. Sect. 1. Any person who shall fraudu- 
 lently evade or attempt to evade the payment of any toll or ^oHo" ■■»''- 
 
 •' "• "^ ■^ •' roads and 
 
 fare lawfully established by any railroad or steamboat cor- steamboats, 
 poration, either by giving a false answer to the collector of evading." 
 the toll or fare, or by traveling beyond the point to which he 
 may have paid his toll or fare, or by leaving the train with- 
 out having paid the toll or fare establislied for the distance 
 traveled or otherwise, shall, upon conviction thereof before 
 any justice of the peace in any county where such offence may 
 have been committed, be punished by a fine of not less than 
 five or more than twenty dollars for every such offence, to- 
 gether with the costs of prosecution ; and no person who shall 
 not on demand, first pay such established toll or fare, shall 
 be entitled to be transported over said railroad. 
 Sect. 2. The fees and compensation to county commission- Fees of county 
 
 ■^ commissioners 
 
 ers, when employed in estirhating damages for the laying out for estimating 
 
 of railroads, or other services in relation to railroads, shall be inrout^rau- *^' 
 
 the same as are provided by law for like services in laying oiit "'°^^' ^^*^^- 
 
 or altering highways. Approved April 20, 1854. g„ jj^' ^gj. * 
 
610 
 
 GENERAL RAILROAD LAWS. 
 
 Bailroad oor- 
 poiations, &c., 
 liable for mis- 
 conduct of 
 agents, &c. 
 60 Me., 145 and 
 490; 61 Me., 114. 
 
 Penalty for loss 
 of life of pas- 
 sengers. 
 
 —how recov- 
 ered. 
 
 —for loss of life 
 of persons not 
 passengers. 
 60 Me., 145 and 
 180; 61 Me., 114. 
 
 Exceptions. 
 
 LAWS OF 1855, CHAP. 161. 
 
 An act doncei'ning the liability of railroad corporations and other 
 passenger carriers for loss of life in certain cases. 
 
 Be it enacted, cfec. Sect. 1. If oy reason of the gross 
 negligence, carelessness or unfitness of the servants or agents 
 of any railroad corporation in the State, or over any draw- 
 bridge which crosses any stream or harbor in this State, while 
 engaged in the business of such corporations, or by reason of 
 the negligence or carelessness of such corporation, or of the 
 proprietor or proprietoi's of any steamboat, stage-coach or of 
 common carriers of passengers, or by the unfitness or gross 
 negligence or carelessness of their servants or agents, in this 
 State, while engaged in the business thereof, the life of 
 any person being a passenger shall be lost, such person 
 being in the exercise of due care and diligence, such rail- 
 road corporation, such proprietor or proprietors and com- 
 mon carrier shall be liable to a fine, not exceeding five thou- 
 sand dollars, and not less than five hundred dollars, to be 
 recovered by indictment, to the use of the executors or admin- 
 istrators of the deceased person, for the benefit of his widow 
 and children, one moiety thereof to belong to his widow, and 
 one moiety to his children; but if there shall be no children, 
 the whole to his widow ; and if no widow nor child, the 
 whole to his heirs at law. 
 
 Sect. 2. If by reason of the gross negligence, carelessness 
 or unfitness of the servants or agents of any railroad corpo- 
 ration, in this State, while engaged in the business of such 
 corporation, or by reason of the negligence or carelessness of 
 such corporation, the life of any person not being a passen- 
 ger or employee of such corporation, shall be lost, such person 
 being in the exercise of due care and diligence, such corpora- 
 tion shall be liable to a fine not exceeding five thousand dol- 
 lars, and not less than five hundred dollars, to be recovered 
 in the manner, and to the use provided by the preceding sec- 
 tion of this act. 
 
 Sect. 3. No railroad corporation shall be liable to the fine 
 mentioned in the preceding section for the loss of life by any 
 
GENERAL RAILROAD LAWS. 611 
 
 person while walking or being upon any railroad contrary to 
 law, or to the reasonable rules and regulations of such corpo- 
 rations. 
 Sect. 4. All indictments for loss of life, provided • by this P^se^iUons, 
 
 ■^ •' when to be 
 
 act, shall be prosecuted within one year from the death of the commenced, 
 person whose life is so lost. 
 
 Sect. 5. Any person who shall, without right, knowingly 
 stand or walk on any railroad track, or pass over any railroad walking, &o., on 
 
 ■ bridge, within this State, on foot, or with a horse and carriage, ^^^'^"^ '■■^^^• 
 or in any other manner except by a railroad conveyance, shall 
 
 be liable to a penalty of not less than five dollars, nor more 
 than twenty dollars, to be recovered to the use of the State, 
 on complaint before any justice of the peace, or municipal or 
 police court, in the county, where the ofl'ence is committed, 
 but this act shall not affect such railroad bridges, as have certain eases 
 been especially constructed to accommodate ordinary travel, ^* ^^'^ ' 
 if used under sucli limitations and restrictions as the county 
 •commissioners of the county or counties in which they' are 
 located, may impose. 
 
 Sect. 6. Each and every railroad corporation, chartered by omyofraii- 
 tbis State, shall, within two months after the passage of this road corpora- 
 
 . , , , , -I ■ ■ 1 • tione to post up 
 
 act, post up and keep posted up in a conspicuous place, m copy of sth sec- 
 every passenger depot, constructed and used by them', a print- '''°° of tins act. 
 ed copy of the prepeding section of this act, and every such 
 
 ■ corporation, that shall neglect so to do, shall be liable to a 
 fine not exceeding one hundred dollars, for every such offence, 
 to be recovered by indictment, in any court of competent 
 jurisdiction. 
 
 Sect. T. If any railroad corporation shall run their engine, 
 cars, or train, across an y public highway in or near any com- ^^'^'^°^<>- "foss- 
 
 . . . . „ ings, speed of 
 
 pact part of any town or city in this State, at a greater speed engines, &c., 
 than six miles per hour, or if any such corporation, or their ^'^^^™ ^ • 
 
 '^ ' 1 59 Me., 189. 
 
 servants, or agents shall unreasonably and negligently ob- 
 struct any highway, townway, or public street in this State 
 by their engines, tenders or cars, such corporation shall be 
 liable to a fine, not exceeding one hundred dollars for every 
 such offence, to be recovered by indictment in any court of 
 competent jurisdiction. Ajp^roved March 1Q, 1853. 
 
612 GENERAL RAILROAD LAWS. 
 
 LAWS OF 1855, CHAP. 171. 
 
 An act to amend "an act in relation to the returns of railroad 
 corporations." 
 
 Be it enacted, dtc. Sect. 1. Section second of "an act in re- 
 Keturns of lation to the returns of railroad corporations," approved Au- 
 
 railroad oorpo- ■- '^ ' ^ 
 
 rations, when to gust fifteenth, eighteen hnndred and forty-nine, is hereby 
 
 tab^arfcrm™ amended by striking out, in the fourth line, the words "at the 
 
 fortbeuseof commencement of," and inserting instead thereof the word 
 
 Chap 145 of "during," so that said section, as amended, will read as follows : 
 
 laws of 1849 Sect. 2. It shall be the duty of the secretary of State to 
 
 amended. -, , ^ . i.i i , -, . 
 
 arrange the mtormation winch may be contained m such re- 
 ports, in a tabular form, and prepare the same in a single doc- 
 ument for the use of the legislature during its session. Ap- 
 proved March 16, 1855. 
 
 / LAWS OF 1856, CHAP. 248. 
 
 An act additional to an act entitled "an act in relation to bonds issued 
 by railroad corporations," approved January thirtieth, eighteen hun- 
 dred and fifty-two. 
 
 Actions of as- 
 
 Be it enacted, c&c. Sect. 1. That in all cases, where bonds, 
 sumpsiton -with coupons for interest thereon, have been or shall be issued 
 
 coupons, issued 
 
 with bonds by under the act to which this is additional, or under any other 
 and^assigned ^^^ ^^ ^^^ °^ *^'^ State, by any railroad . corporation or any 
 apart from such other Corporation or quasi corporation, within this State, and 
 
 bonds, maybe , ^^1,1,1111 
 
 maintained in any such coupons or any one or more 01 them shall have been 
 the name of the shall hereafter be transferred and assigned, apart from the 
 
 holder. ° ' -^ 
 
 bonds to which they were attached, or with which they were 
 
 issued as aforesaid, any holder for a valuable consideration of 
 
 any such coupon or coupons thus issued and assigned, may 
 
 maintain any action of assumpsit, which has been or shall be 
 
 brought njjon any such coupon or coupons thus holden by 
 
 him, in his own name against any corporation that may have 
 
 issued the same, for the recovery of the amount thereof. 
 
 Defence in such Sect. 2. No corporation named in this act, in any suit 
 
 suit on ground upon any such bond or upon any such coupons, shall plead or 
 
 lated. defend upon the ground of usury, by reason of such bond or 
 
 ir^m'^^^'' coupon having been negotiated or sold by such corporation at 
 
 less .than the par value thereof. '' 
 
GENERAL RAILROAD LAWS. 613 
 
 Sect. 3. If in any action of assumpsit brought by the hold- 
 er or assignee of any such coupon or coupoDS now pending ^""""^'J^g^'j, 
 in any court, the corporation against which the same may be ea by piea of 
 pending, shall, at the time of the passage of this act, have ^"° ® "'^'^ 
 filed in' court any plea or statement based upon the defence , 
 
 that such action could not be maintained, the plaintiff in such 
 action, shall recover no costs which may have accrued prior 
 to the passage of this act. 
 
 Sect. 4. This act shall take effect and be in force from and 
 after its approval by the governor. A^pproved April 4, 1856. 
 
 LAWS OF 1857, CHAP. 14. 
 An act to secure the safety of passengers at railroad crossings. 
 
 B& it enacted, <&c. Sect. 1. "Whenever any railroad now 
 conetructed, or which shall hereafter be constructed, crosses 
 or is crossed by any other railroad, at the same grade, it shall 
 be the duty of every engineman on both of said railroads, Regulations at 
 when approaching the point of intersection, with an engine ™'i™*i '''^"^s- 
 attaehed to a train, or running without a train, before reach- Amended isto, 
 ing such crossing to stop his engine at some point within the j^^'^Jf^p W4 
 distance of five 'hundred feet of such crossing, and when he 
 resnmes his course to pass at a rate not exceeding eight miles 
 an hour over such crossing ; and when two or more crossings 
 on the same railroad are situated within four hundred feet of 
 each other, one stop shall suffice for both. 
 
 Sect. 2. For every violation of this act, the engineman _penaityfor 
 offending shall forfeit and pay the sum of one hundred dol- violation of. 
 lars, and the corporation, on whose railroad such offence shall 
 be committed, shall forfeit and pay the sum of two hundred 
 dollars, to be recovered by indictment in the county where 
 the offence was committed. 
 
 Sect. 3. This act shall take effect and be in force from and 
 after the first day of May, in the year of our Lord one thou- 
 sand eight hundred and fifty-seven. Approved March 21, 
 1857. 
 
614 
 
 GENERAL RAILROAD LAWS. 
 
 Breach of 
 conditions of 
 mortgage. 
 See lawB of 
 1858, chap. 30. 
 59 Me., 9. 
 
 —bondholders 
 may direct 
 trustees to take 
 possession of 
 the road. 
 
 Bondholders 
 entitled to one 
 vote for every 
 $100. 
 
 Trustees to take 
 possession of 
 road when di- 
 rected by bond 
 holders. 
 64 Me., 173. 
 
 LAWS OF 1857, CHAP. 57. 
 
 An act providing for the foreclosure of certain mortgages given to secure 
 the payment of bonds and coupons, issued by railroad corporations. 
 
 Be it enacted, die. Sect. 1. Whenever a railroad corpo- 
 ration shall have mortgaged its railroad and franchise, to 
 secure the payment of any of its bonds or coupons, whether 
 such mortgage was made directly to the holders of such obli- 
 gations, or to trustees for their use, the refusal or neglect to 
 pay any such bond or coupon within ninety days after a pre- 
 sentment, (subsequent to its pay day,) to the treasurer or pres- 
 ident for payment, shall be deemed a breach of the condition 
 of the mortgage. 
 
 Sect. 2. Upon the breach of such condition, it shall be the 
 duty of the trustees to call a meeting of the holders or owners 
 of bonds, secured by the deed creating said trust, any of whose 
 bonds or coupons have been dishonored, by giving public 
 notice of the time and place of such meeting, three weeks suc- 
 cessively, in the newspaper published by the State printer, 
 and in some newspaper published within the county in which 
 the road extends, the last publication to be at- least one week 
 before the time of such meeting. The bond holders assembled 
 at such meeting shall have the power to organize, by the 
 choice of a moderator, and of a clerk, and to determine in 
 regard to the expediency of the trustees enteri'ng into possession 
 of such road for the purpose ot running and managing the 
 same on their behalf. At such meetings each holder of a 
 bond secured by the mortgage, either in person or by proxy, 
 shall have one vote for every hundred dollars of bonds held 
 or represented. It shall be the duty of the trustees, (provided 
 they shall be so instructed by the holders of the bonds secured 
 by the mortgage,) and they are hereby authorized, when not 
 inconsistent with any of the provisions of the deed creating 
 the trust, or the legal rights of any other parties, upon its 
 being proved to them that the coupons or bonds secured in 
 the mortgage to them, have been, and remain dishonored, 
 without further process, or by action at law, to enter upon 
 and take possession of such road, and of all the rolling stock 
 
GENEEAL RAILROAD LAWS. 615 
 
 and other property covered by the mortgage, and applying the 
 net proceeds of the earnings thereof according to the legal 
 rights of the parties in interest. And such trustees are here- 
 by authorized, as fully as a board of directors of said road for ^^^°^^ ^""^ 
 the time being, to take charge of and manage said road, to 
 appoint the requisite officers and agents, and to discharge the 
 same; to fix the rate of fare and tolls subject to the restriction 
 of the charter of said railroad company, and to demand and 
 receive the same, and to do all things in the management of 
 said road that a board of directors might lawfully do, with the 
 right to prosecute and defend suits in their name as trustees, 
 and to do all other things which the corporation itself might 
 legitimately do. It shall be the duty of the trustees, after jjamings of 
 paying the running expenses, to apply sufficient of the earn- road, how 
 ings to keep the road, its buildings and equipment in repair, 
 and to prevent any deterioration thereof, and to provide such 
 new rolling stock as may be necessary, and then to apply the 
 residue according to the legal rights of the parties having 
 claims against such road. And said trustees shall not be per- 
 sonally liable, except for malfeasance or fraud; provided, 
 
 Triiflt'.f'pfl not 
 
 however, that the funds in their hands, or in the hands of uabie, except 
 
 their treasurer, (who shall be required to give bonds for the ™ certain ca^es. 
 
 performance of his duties,) shall be subject, after payment of 
 
 prior running expenses and personal liabilities, assumed by 
 
 any of the trustees, on account of operating said road, to the 
 
 payment of such damages as shall arise from any misfeasance 
 
 in the management of said road. And when all dishonored Koad, &c., 
 
 bonds and coupons, secured by the deed in which the trust is ^''^° *° ^ *"" 
 
 ■*■ "^ ^ rendered. 
 
 created, shall have been paid, said trustees shall surrender said 
 road and other property to the parties who by law are entitled 
 to receive the same. It shall be the duty of said trustees to 
 cause a fair and exact account to be kept of the receipts from ■*^<«'<>°"' °f 
 
 ^ , ^ receipts and 
 
 said road, and expenses and disbursements in the manage- disbursements 
 ment of the same, and to exhibit the same to any officer of ^ ®p • 
 the corporation, or other person interested, whenever re- 
 quested so to do. While managing any railroad as provided 
 in this section, they shall, once in each year, and at other 
 times when requested so to do, in writing, ^y the holders of 
 
616 
 
 GENERAL RAILROAD LAWS. 
 
 Bondholders, 
 meeting of, how 
 called, &c. 
 
 —may instruct 
 trustees, &c. 
 
 — may prescribe 
 compensation 
 of road. 
 
 —may vote by 
 proxy. 
 
 — contract for 
 management 
 of road. 
 
 Foreclosure of 
 mortgage, no- 
 ' tice of, &c. 
 
 one-fifth of the bonds in amount secured by the mortgage, 
 call a meethig of the holders of said bonds, by giving such 
 notice as is prescribed in the by-laws of the corporation for 
 calling meetings of the stockholders thereof, and report to 
 theiTi the state of the property, the expenses of the manage- 
 ment thereof, and the application of the earnings made by 
 them. At such meetings the bondholders may vote such in- 
 structions to the trustees as they may deem advisable, and if 
 not inconsistent with the duties prescribed in the deed of trust, 
 or contrary to law, said trustees shall conform to such instruc- 
 tions in the execution of the trust. At such meetings they 
 may act on such questions as shall be specified in the call of 
 ' the meeting. They maj' also prescribe the compensation of the 
 trustees. At all such meetings the bondholders may act and 
 vote, either in person or by proxy, and each one hundred dol- 
 lars of the bonds shall be entitled to one vote. On being 
 instructed so to do, by the holders of the bonds secured by 
 the mortgage, at any meeting held or called, as aforesaid, the 
 trustees may, and it shall be their duty to, contract with the 
 directors of the corporation, or with any other competent 
 party, to take charge of, manage and operate said road, so 
 long as the trustees may rightfully retain possession thereof, 
 and to pay over to the trustees the net earnings of said road, 
 for the benefit of the bondholdei's. 
 
 Sect. 3. In order to obtain a foreclosure of the mortgage, 
 the holders of any such dishonored bonds or coupons, may 
 apply to the trustees under the deed securing the same, to 
 have such mortgage foreclosed; and it shall be the duty of 
 such trustees upon application of bondholders, to an amount 
 equal to one-third of the amount of such mortgage, immedi- 
 ately to give public notice three weeks suciessively, in the 
 newspaper published by the State printer, and in a newspa- 
 per published in each of the counties into which said road ex- 
 tends, if any shall be published therein, stating the date and 
 conditions of the mortgage, and the claim of the applicants 
 under it, and that the conditions thereof has been broken, by 
 reason whereof they claim a foreclosure ; and they shall cause 
 a copy of such printed notice, and the name and date of each 
 
GENERAL RAILROAD LAWS. 617 
 
 of said newspapers containing it, to be recorded in each of 
 
 such counties, in its registry of deeds, within sixty days from 
 
 the time of the first publication. And unless, within three 
 
 , ,. ,1-1 Eight of re- 
 
 years from the time of such first publication, the property demptionto 
 
 shall be redeemed by the mortgagors or persons claiming cease m three 
 under them, the right of redeeming shall be forever fore- 
 closed, unless some bill in equity to redeem founded on pay- 
 ment or on an adequate and sufficient tender of the amount of 
 the over-due bonds and coupons secured by said mortgage, 
 had then previously been commenced. 
 
 Sect. 4. Upon the completion of such recordings, the pro- 
 cedure for foreclosure shall enure to the benefit of all the j^^^ prevented, 
 holders of any such bonds or coupons, which, at the time of 
 . such completion, had been dishonored as above described ; 
 and it is only upon the payment or tender of payment of all 
 such bonds and coupons, that the foreclosure shall be pre- 
 vented, provided that tender may be made to the trustees at 
 any time after the notice, and before the foreclosure shall 
 become absolute; and it shall be the duty of the holder of 
 BUch dishonored bond or coupon, to present them to said trus- 
 tees thirty days before the time of redemption shall expire, 
 and such mortgage shall not be foreclosed by reason of the claimants to 
 non-payment of any not so presented. Any person claiming have free access 
 
 ^ -^ J r J r & to books of cor- 
 
 under the mortgagors shall liave free access to the books of poration. 
 the corporation to ascertain the amount of the over due bonds 
 and coupons remaining unpaid. 
 
 Sect. 5. If the foreclosure of the mortgage be effijctuated, pojedosnre to 
 it shall enure to the benefit of all the holders of bonds and enure to benefit 
 
 ., -,.. ATI !• of certain bond- 
 
 coupons provided tor in its condition. And they, their as- holders. 
 
 signs and successors, are hereby constituted a company, incor- Bondholders to 
 porated and chartered as of the day of the foreclosure, for all road corpora- 
 the purposes of the original company, with all the chartered ' ' 
 and legal rights and immunities, which pertained to the orig- 
 inal company at the time of the foreclosure ; and it shall be 
 the duty of trustees, by suitable deed of release, to convey to trustees to 
 such new company all the rights and interest by them held in property, &o., 
 said railroad, appurtenances and franchise, and other prop- '°°^''™™- 
 erty, by virtue of their deed of trust and the foreclosure there- 
 39 
 
 pany. 
 
618 
 
 GENERAL RAILROAD LAWS, 
 
 of, and if they neglect or refuse so to do, the court, upon 
 application in 'equity, shall have power to compel them so to 
 do, and upon such conveyance the said trustees shall be dis- 
 charged of their trust. 
 
 Sect. 6. This new corporation, though a distinct one, may, 
 Name of oorpo- ^'^^ *^^ Calling of its first meeting, retain the. same name with 
 ration. the old one ; ^but shall at that meeting adopt a new corporate 
 
 name, such as it shall choose to take, by which name it shall 
 always afterwards be known. Its first meeting may be called 
 First meeting, ^^ ^^^ Same manner as was authorized for calling the first 
 iiow caUed, &c. meeting of the original company. And the new corporation 
 shall have full right to take and retain the possession and use 
 of the mortgaged property, notwithstanding the pendency of 
 any bill in equity to redeem. 
 Bill in equity to Seot. 7. Upon the hearing of any bill in equity to redeem, 
 oeedTMs^n'case Commenced as mentioned in the third section the new corpor- 
 ot. ation may become a party and defend; and the court if the 
 
 bill be sustained by the answer, and proofs or otherwise, may 
 decree a redemption and a return of the property, on such 
 terms and conditions as equity may require, giving such effect, 
 as to rents and profits on the one hand, and as to necessary 
 expenditures on the other, as pertains in equity to the redemp- 
 tion of mortgaged lands ; and may effectuate its decrees by all 
 needful warrants and processes. 
 Original corpo- Sect. 8. The Original corporation shall continue in exist- 
 rationtocon- gncc for the solc puTpose of collecting and paying its debts, 
 
 tinne in exist- . m 
 
 ence for certain and bringing its unsettled matters to a close. The foreclosure 
 
 purposes. 
 
 of the mortgage and consequent transfer of the mortgaged 
 
 Foreclosure not ° ° ^ i, 
 
 to impair rights property, as above provided for, shall not impair the rights of 
 ^ainstrorpora- Tccovery against the corporation or its stockholders, which 
 tion. any person may have, either on contract or other cause of 
 
 action. But in suits founded upon any of the bonds or cou- 
 pons, secured by the foreclosed mortgage, the actual value of 
 the proportionate part of the property, which passed by the 
 Rights of par- forcclosurc, shall be deducted. 
 
 mdei^prioT Sect. 9. Proceedings under this act for the foreclosure of 
 
 mortgage not a Subsequent mortgage shall not impair the rights of any party 
 tiusact. claiming under a prior mortgage. The new corporation 
 
GENERAL RAILROAD LAWS. , 619 
 
 resulting from the foreclosure of a subsequent mortgage, shall 
 have all the rights of redeeming against a prior mortgage, ^mpanyto'rZ 
 and to the same extent, by bill in equity or otherwise, which deem pnor 
 the holders of the bonds and coupons secured by such subse- 
 quent mortgage, or their mortgage trustees for them, could 
 have had. 
 
 Sect. 10. Without impairing the rights of parties who shall g j ^^^jj ^^ 
 see fit to enforce them at law, the supreme iudicial court, as a tavejurisdic- 
 
 „ 1 . . tionoveraU 
 
 court of equity, shall have jurisdiction of all matters arising matters arising 
 under the provisions of this bill, to be presented and acted ""der this act. 
 upon as other questions arising in equity in this State. 
 
 Sect. 11. This act shall take effect and be in force from and 
 after its approval by the governor. Approved April 15, 
 1857. 
 
 LAWS OF 1858, CHAP. 30. 
 
 An act in relation to trustees of railroads. 
 
 Be it enacted, c&c. Sect. 1. The holders of bonds of any 
 railroad corporation in this State, at any regular meeting 
 called and held in pursuance of the provisions of an act ap- elect tr^tees 
 proved April fifteenth, eighteen hundred and fifty-seven, and 
 entitled "an act providing for the foreclosure of certain mort- 
 gages given to secure the payment of bonds and coupons, 
 issued by railroad corporations," are hereby authorized to 
 elect by ballot, one or more new trustees to supply any place — ™*y ®'^''' 
 
 ■^ ' . -^^ •' -^ '^ new trustees. 
 
 lett vacant by the death or resignation of any trustee, under 
 such mortgage ; and they are also authorized, when they shall 
 , deem it advisable so to do, to elect in like manner, one or 
 more new trustees in place of persons holding such trust. 
 
 Sect. 2. The proceedings of such meeting may be pre- Proceedings of 
 seated in a summary manner, by any party in interest, to the meeting may bo 
 supreme judicial court at any regular term, or to any justice j. court or jus- 
 thereof, at chambers, whose duty it shall be to appoint a day be granted"^ *" 
 for a hearing, and order such notice to parties interested as 
 such court or justice may deem proper. At such hearing, the Power of court 
 court or justice before whom the same is had, shall have 
 power to ratify and confirm such election, and to make all 
 orders and decrees for the purpose of effectuating the same, and 
 
 Bondholders of 
 railroads may 
 
620 GENERAL RAILROAD LAWS. 
 
 of causing and enforcing a transfer of the property in trust to 
 
 such new trustee or trustees, as may be deemed necessary and 
 
 just. And it shall be the duty of any former trustee to exe- 
 
 tou^e^*^"™^' cute such deed of quitclaim and release of the said property 
 
 in trust as may be necessary to carry out the purposes of this 
 
 act, and be ordered and decreed as aforesaid. All such 
 
 filed and re-^ ordors and decrees stall be filed with the clerk of the courts 
 
 corded. where such hearing is had, and entered of record. 
 
 Sect. 3. The trustee or trustees so elected and confirmed, 
 Powers of new together with the trustee or trustees of the former board, if 
 trustees. ^^^ ^^.^ j^^j. remaining on the new board, shall take and hold 
 
 in trust, the property embraced in the mortgage according to 
 the terms thereof, in the same manner, and with the same 
 rights, duties, powers, interest and privileges as they would 
 have, if they derived the title or interest at the same time, 
 and by the same conveyance. 
 
 Sect. 4. The provisions of this act shall be applicable to 
 Provisions, how ^jjg jjg^ boards of trustees elected under it, and to subsequent 
 
 applicable. ^ _ . ^ 
 
 boards; and all the provisions of the act of April fifteenth, 
 eighteen hundred and fifty-seven, referred to in the first sec- 
 tion, shall apply to the new boards of trustees, constituted by 
 virtue of the foregoing provisions. 
 
 Sect. 5. The trustees of any railroad, when they shall have 
 entered into possession for the purpose of running the same, 
 contract with ^re hereby authorized, when directed by the bondholders at a 
 
 connecting road i . i » 
 
 forrmming. regular meeting thereof, to make a contract with any con- 
 necting road in this State, and run the same, under said con- 
 tract, in accordance with the provisions of the act of April 
 fifteenth, eighteen hundred and fifty-seven, before referred to; 
 provided, that such contract shall not extend beyond two 
 years, unless the same shall have been submitted to, and ap- 
 proved by the bondholders at a regular meeting of the same, 
 and in no event beyond the time such trustees shall be author- 
 ized to hold possession of said road for the purpose of run- 
 ning the same. 
 
 Sect. 6. No trustee shall be removed or displaced under 
 
 Trustee not to , , n ^ ■ -i i i n i 
 
 be remoTcd un- the provisions 01 this act Until he shall have been secured 
 against any liabilities assumed by him, in runoing the road, 
 
 Trustees in pos- 
 session may 
 
 Proviso. 
 
 til secured. 
 
-their powers. 
 See laws of 1860, 
 
 GENERAL EAILEOAD LAWS. 621 
 
 and paid all sums advanced by him in paying the coupons 
 due and falling due on the bonds of cities and towns secured 
 by the mortgage of the road, and the sinking fund provided 
 for the security or redemption of said bonds, as well as any 
 moneys paid out in running the road, remaining due to him. 
 Approved March 25, 1858. 
 
 LAWS OP 1858, CHAP. 36. 
 
 An act to secure the safety and convenience of travellers on railroads, 
 
 Be it enacted, <&c. Sect. 1. It shall be the duty of the Baiiroad com- 
 ffovernor, with the advice of council, to appoint three railroad missioners, ap- 
 
 , , pointment and 
 
 commissioners, who shall act as a board, and hold their office term of office, 
 for the term of three years. 
 
 Sect. 2. Said commissioners shall have authority to ex- 
 amine into the condition of railroads in this State, their roll- 
 ing stock, rates of speed, time tables, the times and terms of chaps. is2, 175; 
 connection and junction or crossing, and the rates at which 1864^ chaps. 228, 
 passengers and merchandise, coming from one road are trans- '^^' 
 ported over another, to the end that the public safety and 
 convenience in the transportation of passengers and mer- 
 chandise may be provided for and secured. 
 
 Sect. 3. Whenever any railroad corporations which have —autywhen 
 been or may be chartered by the legislature, or the trustees railroads fau to 
 of the bondholders yr other persons authorized by law, run- 
 ning any railroad, shall fail to agree upon the terms or times 
 of connection, crossing or junction, or the rates at which pas- 
 sengers and merchandise tonajng from one road shall be trans- 
 ported over the other, or the division of receipts resulting 
 from the transportation over roads so crossing or connecting, 
 said commissioners shall, upon application in writing, of either \ 
 
 company, or of ten or more citizens of this State, responsible Hme^andpiacl 
 for costs, appoint a time and place of hearing, and cause notice "f hearing and 
 
 . . . T ■ 1 notify parties. 
 
 to be given to the parties interested, m the manner to be 
 
 designated by the commissioner or commissioners to whom 
 
 the application shall be made. After hearing the same, or 
 
 such of them as shall appear before them, said board shall —award upon 
 
 proceed to determine and award in writing, upon the matters matterasub- 
 
 ■^ mi tted, parties 
 
 submitted, and prescribe the things to be done and performed notified, bound. 
 
622 
 
 GENERAL RAILROAD LAWS. 
 
 Award to be 
 returned to S. 
 J. court. 
 
 Court may re- 
 commit if ob- 
 jection is made. 
 Award, bow 
 binding. 
 Power of court. 
 
 Penalty for neg- 
 lecting or refus- 
 ing to comply 
 witb award. 
 
 — how recov- 
 ered. 
 
 Continued neg- 
 lect, provisions 
 in case of. 
 
 Trains to await 
 at crossings in 
 certain cases. 
 
 by the parties or either of them ; and parties notified and neg- 
 lecting or refusing to appear, may be embraced in, and shall 
 be bound by the award, as fully as if they appeared. The 
 award of said coinniissioners, or of a majority of them, shall 
 be returned to the supreme judicial court in the county where 
 the application is made ; the court shall accept the award, 
 unless good cause be shown against it. But if objection is 
 made, and good cause is shown, the court may recommit the 
 same with .or without instructions. The award when accepted 
 and judgment thereon is rendered, shall be binding until a 
 new award shall be made upon further application. And the 
 court shall have power to make any orders or decrees neces- 
 sary to make the award effectual. 
 
 Sect. 4. If any railroad corporation or the trustees of the 
 bondholders or other persons authorized by law, running any 
 road, shall, after having been notified of the award of said 
 commissioners, and acceptance thereof, neglect or refuse to 
 comply with the same, the directors of the road so neglecting 
 or refusing, and the superintendent or other agents in running 
 such road, shall each be subject to a fine of not less than ten 
 dollars, nor more than fifty dollars, for each day of such neg- 
 lect or refusal ; to be recovered on complaint before a justice 
 of the peace (to the amount of his jurisdiction,) or on indict- 
 ment within the county where such violation takes place. 
 And if any ]jarty or parties shall continue to neglect or re- 
 fuse to comply with such award, for more than ten days, and 
 complaint thereof shall be made to any justice of the supreme 
 judicial court, accompanied with affidavits of the fact, such 
 justice shall cause a capias to issue against one or more of the 
 directors- or other persons running such delinquent road, and 
 have them brought before him, and if it shall be made to 
 appear that such neglect or refusal continues, he shall com- 
 mit such persons to be held in custody for contempt, until the 
 award shall be carried into effect by such company. 
 
 Sect. 5. When railroads cross each other, and passenger 
 trains are due at such point of crossing at the same hour, it 
 shall be the duty of the train first arriving, to wait at the sta- 
 tion near such crossing until the train upon the other road 
 
GENERAL EAILROAD LAWS. 623 
 
 shall arrive ; provided, it shall so arrive in twenty minutes ; 
 and each train shall afford suitable opportunity for such pas- 
 sengers as desire it, (with their baggage,) to be changed to, 
 and trainsported on the other train. 
 Sect. 6. Whenever the provisions of section five shall be „ , 
 
 ■^ Penalty for 
 
 violated, the superintendent ot the road, and the conductor violation of 
 and engineer of the train so transgressing, shall each be sub- 47 j^^ ' jgg 
 ject to a fine, to the use of the State, of not less than ten 
 dollars, nor more than fifty dollars, for each offence, to be —'^"^ reoov- 
 reeovered on complaint before any justice of the peace, or on 
 indictment in the county where such violation shall occur. 
 
 Sect. 7. Said commissioners shall be paid a fair compensa- compensation 
 tion by the petitioners, for their services, and they shall have "' commission- 
 authority to award costs including the compensation for their costs. 
 services as in their opinion justice may require, and the court Court to issue 
 shall cause an execution to issue therefor in accordance with 
 the award. But in no case shall the State be responsible to state not uabie. 
 the commissioners for any services which they may render by 
 virtue of this act. Approved March 26, 1858. 
 
 LAWS OF 1859, CHAP. 297. 
 Resolve for the publication of tlie Aroostook railroad bill. 
 
 Resolved, That the secretary of State be authorized to pub- 
 lish in the State paper forthwith, the act entitled, "an act to Aroostook raii- 
 aid the Aroostook Hailroad Company, increase the value and the publication 
 promote the sale and settlement of the public lands," the same °^- 
 to be published in such of the newspapers of this State as 
 publish the laws thereof also to forward to each of the clerks 
 of the several cities, towns and plantations, a copy of the 
 State paper containing the bill aforesaid. Approved April 
 4, 1859. 
 
 LAWS OF 1859, CHAP. 119. 
 
 An act to aid the Aroostook Railroad Company, increase the value and 
 promote the sale and settlement of the public lands. 
 
 Be it enacted, (&c. Sect. 1. All the public lands shall 
 hereafter be rrianaged and sold under the direction of tlie Board for man- 
 governor, council, State treasurer and the land agent, for the lands. 
 
624 
 
 GENERAL RAILROAD LAWS. 
 
 Quorum. 
 
 Settling lands, 
 how to be con- , 
 veyed. 
 
 —price to be 
 fixed. 
 
 —land agent 
 to convey, con- 
 ditions. 
 
 —settling 
 duties required. 
 
 — failing to per- 
 form, forfeit. 
 
 Timber lands 
 how to be sold. 
 
 Settling duties 
 in case of full 
 payment. 
 
 Terms of pay- 
 ment on set- 
 tling lot. 
 
 time being, and they are hereby constituted a board for that 
 purpose ; and the governor, State treasurer and the land 
 agent, in the absence of the council, shall constitute a quorum 
 for the transaction of the business hereby confided to them. 
 Said board, shall, from time to time, cause all lands suitable 
 for settlement, to be surveyed into lots of one hundred and 
 sixty acres each, and cause the character of each lot to be 
 noted on the plan or plans of such survey, to be retained in 
 the land office. And the board shall cause a minimum price 
 to be noted on each lot. The land agent may thereupon, 
 under their direction, sell and convey such lots or parts of 
 lots, at that price, or at a higher price, not however exceeding 
 in any case one dollar an acre to an actual settler, nor more 
 than one hundred and sixty acres be sold and conveyed to any 
 one person. And every purchaser, beside the payment of 
 one dollar per acre, shall be required within two years from 
 the date of his purchase, to establish his residence on his lot, 
 and within four years from such date to clear on each lot not 
 less than fifteen acres, ten of which shall be laid down to 
 grass, and to build a comfortable dwelling house on it, and 
 if the purchaser fails to perform any of the foregoing duties 
 required of him, he forfeits all right to the land, and it may 
 be sold to another person. 
 
 Timber lands may be sold for a price exceeding one dollar 
 per acre at private sale or at auction, under such regulations 
 as the above named board may prescribe, after giving six 
 months notice thereof. Any person may purchase a lot pay- 
 ing the full price thereof at the time of the execution of the 
 deed, whicli conveyance shall require the performance of set- 
 tling duties by the purchaser or his grantee in actaal occupa- 
 tion thereof; and all conveyances made by such purchas- 
 er or those claiming under him shall be valid, in case of 
 an actual occupation of the same by the party holding the 
 title and performing the settling duties set forth in said deed. 
 In all other cases, upon every such sale of a settling lot, one- 
 fourth part of the consideration shall be paid in two years 
 from the date of his deed, and the remainder in equal pay- 
 ments, in one, two and three years after the first payment, 
 
GENERAL RAILROAD LAWS. 625 
 
 and all with interest from the date of the deed. Nothing 
 
 however expressed in this act shall have the effect to preclude -^^t "<>' *" af- 
 
 , feot lots applied 
 
 the land agent from selling and conveymg lots to such per- for. 
 sons as have applied for them, and have designated the lots 
 in their respective applications, under the law, as it existed at 
 the time when their several applications may have been 
 
 m Til • 1 1 n !• Board to make 
 
 made. The board hereby constituted, shall make return of return of do- 
 their doings to each regular session of the legislature. '°^^' 
 
 Sect. 2. Lands set apart and designated, under the direc 
 
 ^ ° Certain de- 
 
 tion of the land agent for schools, and such as have been scribed lands 
 designated as soldiers' lands, all lands which the land agent is 'l°oyisu^sot ^ 
 authorized to convey to literary institutions, and four townships '''■^ ^*- 
 ' of said land, situated one in Oxford county, one in Franklin coun- 
 ty, one in Somerset county, and one in Piscataquis county, to be 
 selected under the direction of the board named in the first sec- 
 tion of this act ; the proceeds of sales of which are to be expend- 
 ed in the several counties in which they are situated for roads, 
 and lands, which may be selected by persons in exchange for 
 other lands, under the authority of the State, and lands here- 
 tofore conveyed by the State, by conditional deeds, on which 
 the State may hereafter receive the purchase money, are not 
 to be affected by the provisions of this act. But the proceeds proceeds of 
 of the sales of the other public lands, including those which sai^s appropri- 
 may be received or obtained by way of exchange, or so much 
 thereof as may be necessary, are hereby appropriated and set 
 apart for the following purposes, namely : a sum not exceed- 
 ing ten thousand dollars, is to be reserved and expended in 
 
 completing the Fish River State road; extending from the ^'^'' '*™' "** 
 J^ ° ' & $10,000. 
 
 Aroostook river to Fort Kent, but not more than two thou- 
 sand dollars of this appropriation is to be expended in any 
 one year. And a sum not exceeding twelve hundred dollars, 
 of which not more than five hundred dollars is to be expend- vioietbrook 
 
 '^ road $1,200. 
 
 ed in any one year, is to be reserved and appropriated fbr 
 completing the Violet Brook State road. Said expenditures Le^siatnre to 
 to be made from time to time, as the legislature may direct, tures. 
 All the residue of the proceeds of said sales are hereby grant- 
 ed and appropriated, under the conditions and limitations 
 hereinafter expressed, to aid the Aroostook Kailroad Com- 
 
626 
 
 GENERAL RAir,EOAD LAWS. 
 
 Residue of pro- 
 ceeds in aid ot 
 Aroostook rail- 
 road. 
 
 Brancb railroad 
 aided. 
 
 Description of 
 railroad con- 
 templated. 
 
 Conditions of 
 grant of aid. 
 
 —railroad 
 from Milford to 
 Mattawam- 
 keag, when to 
 be commenced, 
 when to be 
 completed. 
 
 — extension to 
 boundary, and 
 branch, when 
 to be com- 
 menced. 
 
 pany, incorporated by an act, approved March twenty-seventh 
 in the year of our Lord eighteen hundred and fifty-eight, in 
 constructing their raikoad, extending from a point at or near 
 Mattawamkeag village, or from any point between Milford 
 and Mattawamkeag, in an easterly direction, to the easterly 
 boundary of the State, where it may be most convenient for 
 a connection with a railroad from the city of Saint John, in 
 "the province of New Brunswick to the said boundary. Also 
 to aid in constructing a branch railroad to Houlton, or a dis- 
 tance of twenty-five miles from any point in their railroad, in 
 the direction of the State lands, in the county of Aroostook; 
 the point of departure to be determined by said company, 
 with the approval of the board named in the first section of 
 this act. And said railroad from Milford to Mattawamkeag, 
 and to the boundary, and said branch shall be considered to 
 be the railroad, authorized by the act of incorporation of said 
 company. 
 
 Sect. 3. The grant made by the State to the Aroostook 
 Railroad Company, of the proceeds of the sales of the public 
 lands, as provided in this act to aid said company in constrdct- 
 ing and completing that part of their railroad extending from 
 a point at or near Mattawamkeag village, or from any point 
 between Mattawamkeeg and Milford, and extending in an 
 easterly direction to the easterly boundary of the State, and 
 the branch railroad extending as described in the preceding 
 section, is made in consideration of, and on the express con- 
 dition, that said Aroostook Railroad Company shall have 
 commenced constructing that part of their railroad extending 
 from Milford to Mattawamkeag, on or before the first of Sep- 
 tember, eighteen hundred and sixty, and shall have complet- 
 ed the same in all its parts, with the necessary furniture and 
 equipments, and put it in running order the whole distance 
 from said Milford to Mattawamkeag, within three years there- 
 after. And on the further condition that the part of their 
 railroad extending from the Milford and Mattawamkeag sec- 
 tion of it to the eastern boundary of the State, and the branch 
 towards the State lands shall be commenced as soon after the 
 completion of that section of their railroad, extending from 
 
GENERAL RAILROAD LAWS. 627 
 
 Milford to Mattawamkeag, as there is a sufficient sum of 
 money in the treasury, received from the proceeds of the sales 
 of lands appropriated for this purpose to warrant sueh com- 
 mencement, and when said company shall have completed ten ^be'paid'when 
 miles of it, the board named in the first section of this act fen mues com- 
 
 ,..,.., » . pleted, how 
 
 ehall then determine what is in their judgment a lair propor- determmea. 
 tion of the whole appropriation for ten miles, and said com- 
 pany shall be then entitled to that amount, and the governor 
 is hereby authorized to draw his warrant for the same, in fa- 
 vor of said company, if there be so much of the fands here- 
 by appropriated in the treasury, and if not, for so much of 
 it as there may be on hand, and the balance as soon as it shall 
 be received, as hereinbefore provided by the treasurer. And —farther pay- 
 when an additional ten miles of said road shall have been "i^"*^' ^°"^ 
 
 made. 
 
 constructed, the amount to be paid to said company shall be 
 ascertained in like manner, and payment made from the treas- 
 ury as aforesaid. And like proceedings ^hall be had as each 
 succeeding ten miles shall have been completed until said 
 roads are completed, and the whole appropriation expended. 
 
 Sect. 4. All expenditures by the land office relative to - and 
 on account of the lands, the proceeds of the sales of which' are paid from pro- 
 appropriated by this act, including salaries of officers, are to '^^^ °^ ^'''' 
 be paid annually out of the proceeds of the sales of said lands. 
 
 Sect. 5. All acts and parts of acts inconsistent with the Acts mconsie- 
 provisions of this act, are hereby repealed. tent repealed. 
 
 Sect. 6. No appropriation of the proceeds of the public „ ., f, 
 lands shall be made to aid in building a railroad from Milford to Mattawam- 
 to a point at or near Mattawamkeag point. 
 
 Sect. 7. It is hereby declared to be the true intent and 
 
 •' Intent and pur- 
 
 purpose of this act to sell the public lands herein designated pose of act de- 
 in the most j-uiicious method that can be devised, to obtain 
 for them their full value, to promote the settlement of such as 
 are suitable therefor, and, after deducting expenses and other 
 sums hereinbefore named, to grant the balance of the proceeds 
 of sales to the use of said company upon the conditions here- 
 inbefore specified ; and to these ends and no other, the legis- 
 lature reserves the power to change the provisions of this act ^"^^"^ *" . 
 
 -^ D 1 change provis- 
 
 relating to the mode of disposition and sales of the public ions reserved. 
 
628 
 
 GEKEEAL RAILROAD LAWS. 
 
 Meetings when 
 to be held in 
 cities and 
 towns in rela- 
 tion to act. 
 
 Ballots, bow to 
 be given in. 
 
 — ^lists of, how 
 to be made out, 
 returned and 
 counted. 
 
 Proclamation 
 of governor. 
 
 Proceedings at 
 election. 
 
 Effect of the 
 vote and proc- 
 lamation. 
 
 lands, when it may be necessary to correct abuses, or other- 
 wise to promote the declared intent and purpose of this act. 
 
 Sect. 8. The aldermen of cities, selectmen of towns, and 
 assessors of plantations, shall on or before the first Monday 
 in June, in the year of our Lord eighteen hundred and fifty- 
 nine, issue their warrants notifying the inhabitants of their 
 respective cities, towns and plantations, qualified to vote for 
 the choice of State oflBcers, to assemble in ward, town and 
 plantation meeting on the second Monday of June, in the 
 year of our Lord eighteen hundred and fifty-nine, to give in 
 their votes in relation to the foregoing act. 
 
 Sect. 9. At such meetings, said qualified voters shall give 
 in their ballots as follows : Those in favor of said act shall 
 give in their ballots with the words "for the act" written or 
 printed thereon ; and those opposed to tho act shall give in 
 their ballots with the words, "against the act" written or 
 printed thereon ; sfrid ballots shall be received, sorted, counted 
 and lists thereof made out and returned to the oifice of the 
 secretary of State by the clerks of said cities, towns and plan- 
 tations in the same manner as votes for senators, on or before 
 the twelfth day of July, in the year of our Lord eighteen 
 hundred and fifty-nine, and the governor and council shall 
 immediately thereafter sort and count the same, and forthwith 
 cause the state of the vote to be published by the printer of 
 t-he State, and the governor shall issue his proclamation de- 
 claring the majority vote so returned. 
 
 Sect. 10. The proceedings at the special election ordered 
 by this act shall be in accordance with the provisions of chap- 
 ter four of the revised statutes, so far as applicable thereto. 
 
 Sect. 11. If it shall appear by the proclamation and return 
 of the votes aforesaid, that upon a majority of the ballots so 
 returned, the words "for the act" are written or printed, then 
 this act shall take efi'ect and be in force from and after the 
 first day of August next, but if it shall appear by said procla- 
 mation and return, that upon a majority of the ballots so re- 
 turned, the words "against the act" are written or printed, 
 then this act shall be inoperative and void. Approved April 
 4, 1859. 
 
GEISTEEAL RAILED AD LAWS. 629 
 
 LAWS OF 1860, CHAP. 141. 
 
 An act additional oonoerning the location of railroads. 
 
 Be it enacted, <&o. Sect. 1. Any railroad corporation 
 within this State that has constructed, or shall construct and Lorationof 
 
 roadway may 
 
 put in operation its railroad, may at any time amend, correct be amended. 
 
 and perfect the location of its roadway, of the width allowed 
 
 by law, and file a new description thereof, and of the land • 
 
 taken, whenever they have failed, for any cause, to acquire the 
 
 land actually embi-aced in the roadway; and in case the parties yaiueof land 
 
 cannot agree upon the value of the land so taken, either party taken, how 
 
 may apply to the county commissioners to appraise the same ; 
 
 and the same proceedings may be had as on an original taking 
 
 of land under its charter and the laws of the State. 
 
 Sect. 2. This act shall take effect from and after its appro- 
 val by the governor. Approved February 29, 1860. 
 
 LAWS OF 1860, CHAP. 152. 
 An act to promote safety, of travel on railroads. 
 
 Be it enacted, <&c. Sect. 1. ]No railroad company in this 
 State, after its road shall be in operation, shall change the Change of 
 gauge or width of its tracks between the rails so as to increase ^^^ '"^° 
 or diminish the distance between the same, or shall lay down Bepeaied 1865, 
 an extra or third rail for the working of its road by means of " *^' 
 a mixed gauge, without the express authority of the legislature 
 first had and obtained ; and it shall be the duty of the attorney 
 general on suggestion or request of any person complaining of Prooeedings in 
 a violation of the provisions of this act by any railroad com- Hon. 
 pany to file a process in equity against said company before 
 the supreme court in any county in which such violation shall 
 be had to obtain an injunction against such violation. Any 
 
 V i- j> . T . t . T • • . .. Injunction may 
 
 justice ol said court may grant a preliminary mj unction ac- be granted, 
 cording to the provisions of chapter seventy -seven, section ten 
 of the revised statutes to restrain and prohibit such violation ; 
 provided, however, this act shall not apply to the roads east 
 of Portland. 
 
 SioT. 2. This act shall take effect when approved. Ap- 
 pomd March 14, 1860. 
 
 Proviso, 
 
630 
 
 GENERAL RAILROAD LAWS. 
 
 Eailroad com- 
 missionerB, 
 their appoint- 
 ment. 
 
 — qualifications 
 and compensa^ 
 tion. 
 
 Amended 1861, 
 chap. 44. 
 additional 1871, 
 chap. 204; 1868, 
 chap. 179. 
 
 Duty of rail- 
 roads to cause 
 annual exami- 
 nation. 
 
 — commission- 
 ers to publish 
 notice. 
 
 —railroads to 
 payforaervlcea. 
 
 Certificate to 
 be filed with 
 secretary of 
 State. 
 
 Penalty for 
 neglect. 
 
 LAWS OF 1860, CHAP. 175. 
 
 An act additional to an act to secure the safety and convenience of trav- 
 ellers on railroads, passed in the year of our Lord one thousand eight 
 hundred and fifty-eight. 
 
 Be it enacted, (&c. Sect. 1. It shall be the duty of the 
 governor, with the advice of the council, in the appointment 
 hereafter to be made, to appoint three railroad commissioners, 
 two of whom shall be experienced men in the construction and 
 management of railroads ; one of whom shall be an engineer. 
 The compensation of the commissioners under this act and the 
 act to which this act is additional, is fixed at four dollars a day 
 while actually employed in the duties of their office. 
 
 Sect. 2. Upon all railroad corporations, except the railroad 
 companies in the county of Washington, now in operation, is 
 imposed the duty of causing their railroad, the track, rolling 
 stock, bridges, viaducts and culverts thereof situate v^ithin 
 this State, to be carefully examined annually between the 
 months of May and September, by one of the commissioners 
 appointed by virtue of the act to which this is additional. 
 And it is the duty of the commissioners annually in the month 
 of May to give two weeks notice of the time and place one of 
 them will attend for the purpose of making such examination, 
 by publishment in the State paper ; and the extent of the ex- 
 amination is according to the discretion of the commissioners 
 making it ; and the compensation for his services is to be paid 
 by the railroad corporations for which the service is performed 
 respectively ; and after such annual examination the commis- 
 sioner shall make a certificate certifying such examination has 
 been made, and also briefly describing the condition of the road 
 and rolling stock, and deliver the same to the clerk of the cor- 
 poration, first receiving compensation for his services ; and the 
 corporation, shall file such certificate in the office of the secre- 
 tary of State before the first day of October in each year, and 
 if any railroad corporation shall neglect to cause said ex- 
 amination to be made, or to pay said commissioner, or to file 
 such certificate, such corporation shall forfeit and pay one 
 thousand dollars, to be recovered in an action on the case, one- 
 half to the use of the State, and one-half to the person suing 
 
GENERAL EAILROAD LAWS. 631 
 
 for the same ; and the president and directors of any railroad 
 corporation guilty of such neglect shall not allow any passen- Personal iiawi- 
 
 ■ X xi, -1 J J -x- 1, ity of president 
 
 ger train to run over the railroad ; and it any such passenger and directors, 
 train is so run the president and directors of such corporation 
 shall be liable personally for all damages occasioned by any 
 defect in said road or its rolling furniture for which they are 
 by law now liable ; but such liability does not relieve and 
 discharge the railroad corporation. 
 
 Sect. 3. If the commissioner finds any defect or defects commiBsioners 
 therein, which in his opinion would render the passage of *" '">"*'y °^ 
 such trains hazardous, either of the aforesaid commissioners 
 shall forthwith notify the superintendent, president or any 
 director, of, or any lessee, trustee or person other than the 
 corporation running trains on such road of such defect or 
 defects, and require the party notified to show cause forthwith 
 why the same should not be repaired. If the party notified, 
 neglects to appear at the time and place required, or appear- case of neglect 
 ins;, does not show cause to the satisfaction of the board of of pa^rties 
 
 ° _ notified. 
 
 commissioners why the defect or defects should not be repair- 
 ed, said board shall issue such order in writing as they may 
 deem necessary for the safety of the public, and shall forth- 
 with serve a copy thereof upon the person notified, or present 
 at the hearing, acting in behalf of the corporation, lessee, 
 trustee or person running trains on said road. 
 Sect. 4. Awards or orders made by said board under the 
 
 Awards and 
 
 second section of this act shall bind and include railroad cor- orders, how 
 porations and all persons running passenger trains on any rail- ^™'^™s- 
 
 n ., .1 , , . ,. r, , . Amended 1861, 
 
 road until set aside by the supreme judicial court under section chap. 44. 
 third of the act to which this act is additional. 
 Sect. 5. If any railroad corporation, lessee, trustee or other 
 
 ., , _ Injunction may 
 
 person running passenger trains on any railroad shall neglect be granted on 
 to comply with any order of said commissioners made accord- ^pp^'^^"™ "^ 
 
 '- ^ ^ a commissioner. 
 
 ing to the second section of this act, and shall, after being Amended i86i, 
 served with a copy of such order, transport a passenger in any " ^' 
 car, on or over any bridge, culvert or place determined by 
 said commissioners to be defective and hazardous contrary to 
 the order aforesaid, either of said commissioners shall file an 
 information in the name of the State, with any judge of the 
 
632 
 
 6ENEEAL RAILROAD LAWS. 
 
 — how to be 
 enforced. 
 
 — hearing in 
 case of. 
 
 Amended 1861, 
 chap. 44. 
 
 GostB. 
 
 Commissioners 
 to make report 
 annually. 
 
 —may demand 
 information. 
 
 —may deter- 
 mine rates of 
 transportation 
 over connecting 
 roads, on 
 application. 
 
 supreme judicial court in session or vacation, praying for an 
 injunction upon the corporation, lessee, trustee or person noti- 
 fied as aforesaid, until said order is complied with, or the court 
 upon a hearing, dissolve said injunction or sets aside such order, 
 and the judge aforesaid shall grant said injunction and enforce 
 the same, and thereupon said commissioners shall notify the 
 attorney general thereof who shall afterwards conduct all pro- 
 ceedings thereon in said court. 
 
 Sect. 6. At the first term of the supreme judicial court in 
 the county where said injunction has been granted, on motion 
 of the attorney general or the party enjoined, the parties shall 
 be heard, and the court may remove the injunction if they 
 deem it consistent witli the public safety, upon payment by 
 the defendant, to the State, of such sum as costs as they con- 
 sider just and equitable. 
 
 Sect. 7. The railroad commissioners shall annually in the 
 month of December, report to the governor their ofiicial 
 doings, together with such facts in relation to railroads 
 within the State, as he may require, or they may consider of 
 public interest ; and to this end railroad corporations, trustees 
 or lessees are required to give said commissioners such infor- 
 mation as they may from time to time demand. 
 
 Sect. 8. When the railroad commissioners are applied to 
 by a railroad corporation, or its lessees or trustees authorized 
 by law to connect with or cross another road to determine and 
 award in relation to the rates at which passengers and mer- 
 chandise coming from one road shall be transported over the 
 other, or tlie division of receipts resulting from transportation 
 over roads so connecting or crossing as prescribed in the third 
 section of the act to which this is additional, said commission- 
 ers if so requested in the application, are hereby authorized 
 and required to determine and award the rates for transport- 
 ing passengers, merchandise or cars delivered by a crossing or 
 connecting to a receiving road over such receiving road and 
 over any other road on which such receiving road shall have 
 become a common carrier by contract or otherwise, and also 
 the rates for transporting passengers, merchandise or cars 
 coming upon, over or delivered to said receiving road at any 
 
GENERAL EAILROAD LAWS. 633 
 
 station where ifc usually receives passengers or merchandise, 
 
 as well upon its own as on any other road over which it is a 
 
 carrier as aforesaid, and going to and upon the road making 
 
 the application. And they are also authorized to require 
 
 either party in the application to give security to the other for se" rity^^""^^ 
 
 the payment of balances for such transportation on such con- balances. 
 
 ditions as they deem equitable ; and they may also determine 
 
 that their award may be suspended after the acceptance thereof, - _^^^j.(^ jQ^y ^^ 
 
 for any non-performance of the conditions thereof at the elec- suspended. 
 
 tion of the party injured by such non-performance. 
 
 Sect. 9. Either of the commissioners to whom an application 
 is delivered under this act or the act to which it is additional, order of notice 
 shall endorse thereon an order of notice to any or all interest- on application, 
 ed and fixing the time and place of hearing, and the applicant 
 shall cause said order of notice to be complied with before a 
 hearing is had thereon. And any corporation or person, whe- 
 ther named in the application or not, appearing and claiming persons claim- 
 to be interested shall be made a party to the proceedings, and '"s interest, to 
 shall be heard. thereon, and said commissioners are hereby in- 
 vested with the authority of the courts of law to summon 
 witnesses, compel their attendance before them, and compel witnesses, 
 them to testify : and depositions may be taken to be used at 
 
 . ■' '^ •' Depositions. 
 
 such hearing in the same manner they are required to be taken 
 to be used in the trial of suits at law. 
 
 Sect. 10. The award and determination of said commission- 
 ers hereafter made, in relation to rates, passengers or merchan- Award rctum- 
 
 . . ' ' Jr- & ed to court. 
 
 dise, or railroad connections, or crossings may be returned to 
 the supreme judicial court in the county in which the hear- 
 ing before the commissioners was held. 
 
 Sect. 11. When exceptions are taken to any ruling, order, 
 opinion, decree or judgment of the judge before whom said ^k?^ proceed- 
 hearing is had, other than an order to recommit the award to ""^^ ^° "^^^ °^- 
 said commissioners, the exceptions shall be drawn up, signed 
 and filed within the time allowed by the rules of court from 
 the hearing ; and if allowed by the judge, a certified copy 
 thereof and all papers used at said hearing shall be forthwith 
 forwarded hy the clerk of said court to the chief justice of said 
 court, and the parties shall be heard thereon by said court, 
 40 
 
634 
 
 GENERAL RAILROAD LAWS. 
 
 Acta inconsis- 
 tent repealed. 
 
 sitting as a court of law in the district where the hearing took 
 place. And if said court of law does not sit within thirty days 
 after the chief justice receives said exceptions he shall at the 
 request of either party, detail a majority of the justices of said 
 court to hear the parties at such time and place as he may 
 order, and transmit his order to the clerk of the court where 
 said matter is pending, who shall enter the same upon the 
 docket under said cause, and such entry shall be notice to the 
 parties, at the time and place fixed, the parties shall be heard 
 by the court, and said court thus constituted shall have all 
 the powers and authority now vested in them at its regular 
 session, sitting as a court of law. 
 
 Sect. 12. All acts and parts of acts inconsistent with the 
 provisions of this act, are hereby repealed, and this act shall 
 take effect and be in force from and after its approval by the 
 governor. Apj)roved March 19, 1860. 
 
 Parcliaaers of 
 ftanchise of 
 railroad, their 
 powers, rights, 
 and liabilities. 
 
 New corpora- 
 tion may be 
 formed. 
 
 —its liabilities. 
 
 LAWS OF 1860, CHAP. 193. 
 
 An act additional to chapter fifty-one of the revised stautes, relating to 
 
 railroads. 
 
 Be it enacted, <&c. Sect. 1. Whenever the franchise and 
 road wholly or partially constructed of any railroad corpora- 
 tion shall be sold by any person having authority to make 
 such sale under any decree of court a vahd power of sale in a 
 deed of mortgage of such franchise or road, or upon execu- 
 tion, the piirehasers of such franchise and road having ob- 
 tained legal title thereto, shall have, succeed to and possess 
 all the powers, privileges and immunities, and be subject to 
 all the liabilities and obligations of the stockholders of such 
 corporation under the charter thereof, and may by a vote of 
 the majority in interest of their number form a new corpora- 
 tion with a new name under such charter. But such new cor- 
 poration shall not be liable for any indebtedness of such 
 original corporation, unless such sale and purchase be made 
 subject to such indebtedness; or such indebtedness be secured 
 by a pledge, lien or mortgage having priority to the right of 
 the person by whom such sale was made, or in whose behalf 
 ordered and decreed. The first meeting of the new corpora- 
 
GENERAL BAILED AD LAWS. 635 
 
 tion may be called in the same manner as was authorized for 
 
 calling the first meeting of the original corporation ; the orig- —first meeting, 
 
 inal corporation shall continue in existence for the purpose of 
 
 collecting and paying its debts, and bringing its unsettled original cor- 
 
 matters to a close. The sale of such franchise shall not im poration to con- 
 tinue for cer- 
 pair the rights of recovery against such original corporation, tain purposes. 
 
 or its stockholders, which any person may have, either on 
 
 contract or other cause of action. 
 
 Sect. 2. "When by virtue of the power of sale in the mort- „. ^^^ ^ 
 
 •' ': Eight to redeem 
 
 gage deed under which such sale may take place, or by the de- as presorted in 
 cree of the court ordering such sale, or by the laws of the State, ^^^ „_ jg^ 19 and 
 the original corporation, or any person or corporation claim- 20of chap. 90, 
 
 . ' ■ .1 L i. revised statutes 
 
 ing under it has a right to redeem from such sale, the person of I857. 
 or corporation having such right, shall be entitled to redeem 
 in the manner provided in sections thirteen, fourteen, fifteen, 
 sixteen, seventeen, eighteen, nineteen and twenty of chapter 
 ninety of the revised statutes. But the party redeeming from „ _ , 
 
 •' . r J a Party redeem- 
 
 such sale shall pay in addition to the amount of the sale and ing, topayfor 
 interest thereon, all such reasonable expenditures as shall have ™p™™™ 
 been made by such new corporation in completing, repairing 
 and equiping said railroad and in purchases of property nec- 
 essary therefor, deducting therefrom the net income of said 
 railroad during the time it may be in the possession of such 
 new corporation. 
 Sect. 3. The preceding section shall apply to any person 
 
 1- .1 -1 J I, • Applioableto 
 
 or corporation seeking to redeem a railroad, when m posses- railroads in 
 sion of the trustees for breach of the condition in the deed of ^^lisof t™8- 
 ti'ust to said trustees. 
 
 Sect. 4. This act shall take effect when approved. Ap- 
 proved March 20, 1860. 
 
 LAWS OF 1861, CHAP. 3. 
 
 An act amending chapter flfty-one of the revised statutes respecting 
 railroads. 
 
 £e it enacted, c&c. Sect, 1. The sixth section of the fifty- 
 first chapter of the revised statutes is hereby so amended that k. s!,amended! 
 the eighth, ninth, tenth, twelfth and thirteenth sections of 
 the eighteenth chapter of the revised gtatiites, are made ap^ 
 
636 
 
 GENEEAIi RAILROAD LAWS. 
 
 Damages for 
 lands taken by 
 railroads, &c., 
 relating to. 
 
 plicable to damages for lauds taken for railroads, and all the 
 proceedings therein' provided for increase of damages shall be 
 applicable to a petition for an increase or diminution of dam- 
 ages for lands taken for railroads. Approved February 1, 
 1861. 
 
 Board for man- 
 aging public 
 lands. 
 
 Settling lands, 
 how disposed of. 
 
 Timber lands, 
 how to be sold. 
 
 Proceeds to be 
 paid into the 
 State treasury. 
 
 LAWS OP 1861, CHAP. 20. 
 
 An act to aid the Aroostook Railroad and promote the sale of the public 
 
 lands. 
 
 Be it enacted, c&c. Sect. 1. All the public lands situate 
 in the counties of Aroostook and Penobscot, except lands 
 heretofore conveyed by conditional deeds, and for which 
 the State may hereafter receive payment, or lawfully bar- 
 gained or contracted for, or held under claim of possession 
 and improvement, together with lands granted or voted by 
 the present or preceding legislatures, reserving the right in 
 the State to locate such grapts on or before the first day of 
 January, eighteen hundred and sixty-three, and not after, or 
 which may be reserved, or are set apart for public schools, 
 shall in future, be managed under the direction of the gover- 
 nor. State treasurer and land agent; and they are hereby 
 constituted a board for that purpose, except that the land 
 agent shall, as heretofore, in the manner provided by law, 
 select out of townships located and designated for settlement, 
 or to be located or designated as heretofore, and offer the same 
 in lots for settlement, and sell lands to settlers, and for the 
 purposes of settlement, upon the same terms and conditions 
 as he is now authorized by law to do. It shall be the duty of 
 the land agent to advertise the sales of all timber lands offered 
 for sale under this act, by publishing notice thereof in the 
 State paper, at least three months previous to the day of sale, 
 which sale shall be at public auction, and said land shall be 
 sold in lots of not more than one-fourth of a township in one 
 parcel. 
 
 Sect. 2. All moneys received from the proceeds of the sales 
 of said land hereafter made, or received for timber hereafter 
 sold, after deducting the expense of the care and management 
 of said land and timber, shall be paid into the treasury for the 
 
GEKEEAL BAILROAD LAWS. 637 
 
 use of the Aroostook Railroad Company, upon the terms and 
 conditions hereinafter expressed; provided, that any appropri- Proviso, 
 ation which the legislature shall make for opening and making 
 or repairing any road now laid out, and all which this legisla- 
 ture shall authorize to be laid out passing through any town- 
 ship of land placed under the care of said board for the pur- 
 poses designated in this act during the time the same shall be 
 under the control and management of said board shall be paid 
 from the fund arising from sales of timber and land authorized 
 by this act. 
 
 Sect. 3. The moneys hereafter received on account of the 
 claims of the State upon the United States, for interest on the for money 
 amount received from the United States in the year eighteen !f*'"*'*^®, 
 hundred and fifty -nine, together with the claims against the -when received 
 United States on account of the northeastern boundary ques- state treasury 
 tion. But for no claim for timber cut on the territory for- for the benefit 
 
 , , _ of Aroostook 
 
 merly in dispute between the United States and Great Britaiii, Kaiiroad. 
 after deducting the expense of obtaining the same, shall be 
 paid into the treasury for the use of the Aroostook Railroad 
 Company, upon the terms and conditions hereinafter expressed. 
 
 Sect. 4. From or near Mattawamkeag or the valley of 
 Mattawamkeag river, the Aroostook Railroad Company shall location of. 
 locate a branch of their said road extending in a northerly 
 direction as far as Houlton in the county of Aroostook. •A.nd 
 the Aroostook Railroad Company shall locate a branch of 
 their railroad from some point between Milford and Matta- 
 wamkeag, including the valley of Mattawamkeag river, to the 
 eastern boundary of the State, so as most conveniently to con- 
 nect with the European and North American Railway of New 
 Brunswick, said location to be made by commissioners ap- 
 pointed by the legislature. 
 
 Sect. 5. Upon condition the Aroostook Railroad Company 
 shall accept this act, and within four years shall have com- Condition of 
 pleted their railroad from Oldtown or Milford to Mattawam- 
 keag in all its parts, with the necessary furniture and equip- 
 ments, and put the same in running, order the whole distance 
 from Milford or Oldtown to Mattawamkeag, then all such 
 porceeds of the land, timber and claims received, or to be 
 
638 
 
 GENERAL RAILED AD LAWS. 
 
 Amoont to be 
 received. 
 
 — how appro- 
 priated. 
 
 If not cdm- 
 pleted in four 
 years this act 
 to be void. 
 
 European and 
 North Ameri- 
 can Railway 
 Company may 
 talce line of 
 Aroostook 
 Bailroad, &c. 
 — conditions. 
 
 received into the treasury, are hereby pledged to be appropri- 
 ated in aid of the construction and extension of said 'railroad 
 branch to the eastern boundary of the State, and the branch 
 to Houlton ; to the amount of five thousand dollars per mile 
 and no more; and the route of said road to Houlton, and the 
 location of the same, to be made by commissioners appointed 
 by the legislature. And one-half part of all the aid given by 
 the State as provided in this bill shall be expended on said 
 branch to HoultOn, and one-half part oh the branch to the 
 eastern boundary of the State. 
 
 Sect. 6. . If the Aroostook Railroad Company shall fail with- 
 in four years to complete their railroad in all its parts,'with all 
 the necessary furniture and equipments, and put it in running 
 order the whole distance from Oldtown or Milford to Matta- 
 wamkeag, then this act shall be void. 
 
 Sect. 7. After the completion of the Aroostook Railroad, 
 by the running of cars to Mattawamkeag, the European and 
 North American Railway Company may take the line of said 
 road, with all of its rights, stock, property and franchises, on 
 condition that said European and North American Railway 
 Company shall first pay the cost thereof, with interest, deduct- 
 ing the net income received by the running of the same, 
 which payment shall be made by procuring, cancelling and 
 deltvering to the city of Bangor all bonds and obligations 
 which may have been issued and delivered the said Aroostook 
 Railroad Company by said city to aid in the construction 
 thereof, or by depositing the amount thereof in cash, for the 
 use of said city, with the treasurer of said city for the time 
 being, and also paying the balance of the cost of the Aroos- 
 took Railroad, its stock and other property, with interest, 
 including the cost of buying or building any line from Mil- 
 ford to Bangor, with interest, deducting the net income afore- 
 said ; or the European and North American Railway Com- 
 pany may pay the Aroostook Railroad Company the cost of 
 their road, its stock and other property, with interest, includ- 
 ing the • cost of buying or building a line between Milford 
 and Bangor, with interest, dedueting the net income as afore- 
 said, also first deducting the amount of the outstanding bonds 
 
GENERAL RAILROAD LAWS. 639 
 
 and obligations which the city of Bangor have issued and 
 delivered said Aroostook Railroad Company for the purpose 
 aforesaid, making the purchase subject to any mortgage or 
 mortgages of said city upon said road ; but in such case the 
 said European and North American Railway Company, in 
 addition, shall also procure, cancel and deliver to said city at 
 least one-fourth of all the obligations and bonds issued and 
 delivered said Aroostook Railroad Company for the purposes 
 aforesaid, and the mortgage of said city shall remain valid 
 and binding upon said Aroostook Railroad to secure the re- 
 mainder of all such bonds and obligations, and the city of 
 Bangor shall have the same rights and same remedies to en- 
 force the same as said city had or would have in case no such 
 purchase had been made. And such purchase shall be made 
 within two years from the time the said railroad is completed 
 to Mattawamkeag, by the running of cars, and not afterwards. 
 In case of any differences between the said Aroostook Rail- 
 road Company and the European and North American Rail- ^ow deter-' 
 way Company, the same shall be finally determined by com- ™'"»<J- 
 missioners appointed by the governor and council, at the re- 
 quest of either party. And the said Aroostook Railroad Com- 
 pany, upon the conditions aforesaid, may sell and transfer its Aroostook 
 line of road, and all of the property, rio'hts and franchises, to Railroad co. 
 
 ) r r J ) o ) may sen to E. 
 
 the European and North American Railway Company, and and n. a. r. 
 ' the European and North American Railway Company are 
 authorized to make such purchase ; and the Aroostook Rail- 
 road Company may also lease its line to the European and —may lease. 
 North American Railway Company, provided the mayor and 
 city council of the city of Bangor shall first consent to, and 
 approve of the lease ; and the European and North American E.andN. a. r. 
 Railway Company are authorized to take such lease upon such J^gg^o'^^oos- 
 conditions being complied with ; and in Case of any such sale, took Kaiiroad. 
 transferor purchase as is before mentioned shall be made, in case of sale, 
 
 „ , , . , -o .1 stock, &c., of 
 
 the stock, rights and franchises ot the Aroostook Railroad Aroostook 
 Company shall be consolidated into, and become a part of be'"Jonsoi?"" 
 the stock and franchises of the European and North Ameri- dated, &c. 
 can Railway Company; and all the powers and privileges 
 acquired by such purchase, sale and transfer, shall be had and 
 
640 
 
 GENEEAL EAILROAT) LAWS. 
 
 B. and N. A. E. 
 Co., duties, 
 liabilities, &c. 
 
 Location above 
 Mattawatnkeag 
 and branch to 
 Honlton, &c., 
 to be made 
 within five 
 years. 
 
 enjoyed under the charter of said European and North Amer- 
 ican Railway Company. ^And such railway company shall be 
 required to fulfil, perform and discharge all the duties, liabili- 
 ties and obligations undertaken by and imposed by law upon 
 the said Aroostook Railroad Company, and the European and 
 North American Railway Company, in case of such purchase 
 or lease, shall have and enjoy the benefits of the grants here- 
 in made, or that may hereafter be made to said Aroostook 
 Railroad Company, upon the terms and conditions before 
 mentioned. 
 
 Sect. 8. Within five years the Aroostook Railroad Com- 
 pany shall locate its road above Mattawamkeag, including a 
 branch to Houlton, and the branch to the eastern boundary 
 of the State, and of the moneys received for the purposes 
 before mentioned, a pro rata proportion, and no more, shall 
 be paid on the completion of every ten miles thereof, and all 
 sums which may not be expended at the end of ten years, 
 shall remain in the treasury to the use of the State. 
 
 Sect. 9. The grants mentioned in the foregoing sections 
 shall take efiect and be in force after the city of Bangor shall 
 have voted to Ipan the credit of said city in conformity with 
 the act of March twentieth, eighteen hundred and sixty, and 
 not before. Approved March 8, 1861. 
 
 LAWS OF 1861, CHAP. 21. 
 An act in relation to stockholders of railroad corporations . 
 
 Be it enacted, (&c. Seot. 1. No action shall hereafter be 
 stockholders of commenced or maintained in any court in this State, whereby 
 to charge any stockholder of any railroad corporation for the 
 liability declared and set forth in the eighteenth or thirtieth 
 sections of the seventy-sixth cliapter of the revised statutes of 
 eighteen hundred forty-one. 
 
 Sect. 2. If any stockholder shall be discharged from any 
 suit now pending in any court in this State, for such liability 
 by reason of section one in this act, he shall recover no costs 
 which may have accrued prior to the passage of this act. 
 
 Sect. 3. This act shall take effect and be in force from and 
 after its approval by the governor. Approved March 9, 
 1861. 
 
 Orants, when 
 to talse effect. 
 
 railroad corpo- 
 rations, liabil- 
 ity of. 
 
 —shall recover 
 no costs accru- 
 ing prior to the 
 passage of this 
 act. 
 
GENERAL RAILROAD LAWS. 641 
 
 LAWS OF 1861, CHAP. 44. 
 
 An act to amend an act approved March nineteen, one thousand eight 
 hundred and sixty, entitled an act additional to an act to secure the 
 safety and convenience of travellers on railroads passed in the year of 
 our Lord one thousand eight hundred and fifty-eight. 
 
 Be it enacted, <&c. Shot. 1. The first section of said act is chap. i76, sect, 
 hereby amended by striking out the words "four dollars a day" amended, 
 in the sixth and seventh lines thereof, and inserting instead the 
 words five dollars per day. 
 
 Sect. 2. The fourth section is herebv amended by striking 
 
 " ° Section 4, 
 
 out the word "second in the first line thereof, and inserting amended, 
 instead the word third, and by striking out the word "include" 
 in the second line thereof, and inserting the word conclude. 
 
 Sect. 3. The fifth section is hereby amended by striking section s 
 • out the word "second" in the fourth line thereof, and insert- amended, 
 iiig instead the word third. 
 
 Sect. 4. The sixth section is hereby amended by striking section e, 
 out the words "to the State." ^m^i^A^a. 
 
 Sect. 5. All services rendered to any railroad corporation services, by 
 or its lessees or trustees by virtue of this act or the act to '^'""^ ^*''*" 
 which this is additional, shall be paid for by said corporation, 
 lessees or trustees. A-pproved March 15, 1861. 
 
 LAWS OF 1864, CHAP. 228. 
 
 An act to amend section nineteen of chapter fifty-one of the revised stat- 
 utes, for the better protection of travellers upon public ways contigu- 
 ous to railroads, and at railroad crossings . 
 
 Be it enacted, c&c. Sect. 1. Chapter fifty-one of the re- chap. 5i, sect, 
 vised statutes is hereby amended by striking out all of the amended, 
 nineteenth section after the word "way" in the fifth line and 
 inserting the words, and whenever an engine, with or with- Amended i866, 
 out a train, approaching a crossing of any way on the same 
 level, runs contiguous to, or crosses over any such way, the 
 steam whistle shall be sounded at the distance of at least 
 one hundred rods from the place of crossing on, running steam whistle 
 
 I • J J- 1 to be sonnded. 
 
 oesiae oj, or over, every such way. 
 
 Sect. 2. This act shall take effect upon its approval by the 
 governor. Approved February 24, 1864. 
 
642 
 
 GENERAL RAILROAD LAWS. 
 
 Damages, how 
 determined, 
 60 Me., 286. 
 
 —to construct 
 aud maintain 
 cattle guards, 
 &c. 
 
 — conetraction 
 of, &o., 
 
 Land owner 
 may apply to 
 S. J. C, if 
 corporation 
 neglect, &c. 
 
 —may maintain 
 action. 
 
 Damages. 
 Proviso, 
 
 Not to prevent 
 commissioners 
 or juries from 
 acting. 
 
 LAWS OF 1864, CHAP. 231. 
 
 All act additional to chapter flfty-one of the revised statutes relating to 
 
 railroads. 
 
 Se it enacted, <&c. Sect. 1. When county commissioners 
 shall hereafter be required to assess damages to the owners of 
 land as provided in the fifth and following sections of the fifty- 
 first chapter of the revised statutes, instead of requiring the 
 payment of such damages in money, they shall direct such 
 railroad corporation, in addition to the pecuniary damages 
 which shall be assessed upon them, to construct and maintain 
 such cattle guards, cattle passes and farm crossings, as said 
 commissioners shall judge reasonable for the convenience and 
 security of sucli land owners. And in their order therefor the 
 commissioners, shall prescribe the time witliin which, and the 
 manner how, such structures shall be made or repaired, wliich 
 order it shall not be competent for any jury to alter or reverse. 
 
 Sect. 2. The land owner or his assigns, who may be in- 
 terested in the execution of such order, may apply to the 
 supreme judicial court, in case such corporation shall neglect to 
 comply with the requisitions thereof; and the said court are 
 fully empowered hereby t® grant all necessary processes to 
 enforce the specific performance of such order by said corpora- 
 tion. Or the person so interested in the execution of such 
 order, may maintain an action on the case against such cor- 
 poration, wherein he shall be entitled to recover double dama- 
 ges by him sustained by reason of such neglect ; provided, it 
 shall appear that such corporation neglected for more than 
 forty-eight hours after notice of said neglect, given in writing 
 to the president or superintendent thereof, to commence the 
 work required to be done or thereafter unreasonably delayed 
 to complete the same. 
 
 Sect. 3. Nothing in this act shall prevent commissioners or 
 juries if applied to, from awarding damages to land owners as 
 provided in said chapter beyond the performance of the work 
 specifically ordered as aforesaid, to such extent as they shall 
 judge reasonable and proper. 
 
 Sect. 4. All cattle passes, cattle guards and farm crossings 
 
GENERAL RAILROAD LAWS. 643 
 
 now existing, and whicli have been constructed by any rail- cattie guards, 
 road corporation under the order or direction of county com- tain'ed. 
 missioners, shall be maintained by said corporation the same 
 as if constructed under the authority of this act, and the same 
 proceedings may be had for enforcing such maintenance as are 
 provided for in this act, in relation to cattle guards, cattle "'"'^ enforced, 
 passes and farm crossings hereafter constructed. 
 
 Sect. 5. This act shall take effect from and after its appro- 
 val by the governor. Approved March 8, 1864. 
 
 LAWS or 1864, CHAP. 238. 
 
 An act additional to "an act to secure the safety and convenience of 
 travellers on railroads, passed in the year one thousand eight hundred 
 and fifty-eight." 
 
 Be it enacted, c&c. Sect. 1. The railroad commissioners 
 or a maiority of them, may at any time durine; the year ex- Commissionere 
 
 J 'f T J J o ./ to examine rail- 
 
 amine the railroads in this State, and their engines and cars roads, &c. 
 now subiect to examination by them, whenever complaint shall 
 
 —when com- 
 be riiade to them by two or more citizens ol this btate, under piaint is made 
 
 oath, that said road or any part thereof, is unsafe for the trans- '""^'' ''*"^' 
 portation of passengers thereon. 
 
 Sect. 2. If on such examination they shall find the track, 
 culverts or bridges of , any railroad, or the cars used to trans- if track, &c., is 
 port persons, so out of repair as in their opinion to be unsafe j"™?.""'"' 
 for travellers on said road, said commissioners shall immedi- 
 ately notify the directors or persons having the care and man- —shall notify 
 
 directors &c. 
 
 agement of said railroad, of its condition and what is required 
 ' to make it in a safe condition, and they shall state also in said 
 notice a reasonable time within which such repairs shall be 
 made. The commissioners may require the directors or per- —may require 
 
 the managers 
 
 sons managing said railroad, to so reduce the speed of all of road to 
 trains upon said railroad as to secure the safety of travellers "''""^ ^p"^**- 
 upon the same until said repairs are made. 
 
 Sect. 3. If after the notice to them aforesaid, the directors 
 or other persons managing any railroad shall neglect or refuse if directors, 
 
 , .,1 ,1 • ' i J. . 1 . . . &c., neglect or 
 
 to comply with the requirements ot said commissioners in refuse to com- 
 making repairs of the raikoad, it shall be the duty of the com- ^Jt^^^"^"'"^" 
 missioners to present a petition to the supreme judicial court 
 
644 
 
 GEKERAL EAILROAD LAWS. 
 
 — commission- 
 ers shall peti- 
 tion to S. J. 0. 
 Amended 1871, 
 chap. 204. 
 
 —shall notify 
 attorney gen- 
 eral or district 
 attorney. 
 
 Court to order 
 directors, &c., 
 to he notified. 
 
 —may order 
 and decree, &c. 
 
 — directors, 
 Sen., to file bond 
 or recognizance. 
 
 —payable to 
 State. 
 
 — shall grant 
 an injunction. 
 
 Bailroad corpo- 
 rations formed 
 by foreclosure 
 of mortgage, 
 subject to laws 
 of legislature. 
 
 Trustees of 
 bondholders 
 subject to laws 
 of legislature. 
 
 in any county into which said railroad shall extend, setting 
 forth their examination and the condition of said railroad, and 
 the notice and requirements made by them to the directors or 
 managers of said road, and their neglect or refusal to comply 
 with the same, and they shall also notify the attorney general 
 of the State, or the district attorney for the connty in which 
 said^ petition is filed, of the filing of such petition, one of 
 whom shall thereupon appear and take charge of the future 
 proceedings in court upon the same. The court shall order 
 the directors or managers of said railroad or any one of them, 
 to be notified of the filing of said petition, and appoint a time 
 for hearing the parties upon the same. After hearing the 
 parties, the court may order and decree such things to be per- 
 formed by the directors or managers of said railroad as shall 
 appear to be necessary in order to secure the safety of travel- 
 lers upon said railroad, and unless the directors or managers 
 of said railroad shall execute and file in court, a bond or re- 
 cognizance, with sufficient sureties for such sum as it shall 
 appear is sufficient to make the necessary repairs of said road, 
 payable to the State, on condition that they will within such 
 time as the court shall order, make the necessary repairs or 
 otherwise satisfy the court that said repairs will be made with- 
 in the prescribed time, the com't shall grant an injunction upon 
 said corporation, trustee, lessee, or other person managing or 
 running said railroad, prohibiting them, their servants or 
 agents from riinning passenger trains over such portion of said 
 road as may be determined by said court to be defective and 
 unsafe, until the orders and decrees of said court have been 
 complied with or duly revoked by said court. 
 
 Sect. 4. Every railroad corporation that shall be formed 
 by the foreclosure of a mortgage of any railroad heretofore or 
 hereafter made, shall be subject to such laws as the legislature 
 have enacted or shall hereafter enact concerning railroads, 
 anything in the original charter to the contrary notwithstand- 
 ing. 
 
 Sect. 5. Whenever any trustees of any bondholders men- 
 tioned in any mortgage of a railroad, or who shall be elected 
 or appointed in place of such as are named, shall take posses- 
 
GENERAL RAILROAD LAWS. 645 
 
 sion of any railroad for the purpose of rutinlng or operating 
 the same, or shall contract with other parties for so doing, 
 said trustees or other parties were so in possession of said rail- 
 road, shall be subject to such laws as the legislature have en- 
 acted or shall enact concerning the management of railroads. 
 
 Sect. 6. The supreme judicial court shall hear and deter- asoourtof 
 mine all questions relating to the condition and management equity in 
 
 '■ ^ ^ determining 
 
 of railroads in this State having reference to the salety and questions reiat- 
 security of persons transported thereon, as a court of equity; of^raiiroads.'™ 
 provided, that in all cases of alleged breach of contract ex- prgyigo. 
 pressed or implied, or of alleged violation of rights or neglect 
 of duties imposed by charter, either party shall be entitled to 
 a jury to determine the facts and assess the damages, and in 
 such cases no process in equity shall be maintained. 
 
 Sect. 1. The examination of railroads now requii-ed by Ej^aminatiou of 
 law to be made by railroad commissioners, shall be made be- railroads, when 
 
 ^ . . to be made. 
 
 tween the first of April and the last of October in each year, Repealed ises, 
 at such times as the commissioners shall appoint. ''^^' ^''^' 
 
 'Sect. 8. This act shall take effect on and after its approval 
 by the governor. Approved March 16, 1864. 
 
 LAWS OF 1864, CHAP. 246. 
 
 An act in addition to chapter fifty-one of the revised statutes in relation 
 to railroads. 
 
 Be it enacted, c&c. Sect. 1. The county commissioners in 
 awarding damages for lands or other property taken by any ^"""ong^^j^^u 
 railroad company, shall prescribe such terms and conditions for prescribe terms, 
 the protection of the property of any person or corporation and „ awarding 
 impose such duties, liabilities and obligations upon the railroad damages for 
 
 *■ ' . property taken 
 
 company taking the property of individuals or corporations, by railroad 
 as will secure to said company, the proper use of so much """'p'*'"®'- 
 property as may be required for the proper working of its line, 
 and the best accommodation of individual owners and corpo- 
 rations owning the lands and property so taken ; and they —shall set forth 
 shall in their awards set forth all such facts, stipulations and t^^'&^, *" 
 regulations, as may be required to make their estimation of 
 damages clear aud distinct, defining the respective rights of 
 each party and the duties imposed on each party respectively. 
 
646 
 
 GKKERAL RAILED AD LAWS. 
 
 In case of appeal to a jury by either party for the increase or 
 
 ap^ai™ "^^ " diminution of damages, the only question in issue before such 
 
 jury, shall be the amount or measure of damages on the facts 
 
 set forth in the award of the county commissioners. Approved 
 
 March 22, 1864. 
 
 Mortgages ty 
 subsequent 
 mortgagees, 
 proceedings 
 where sentence 
 is made, &c., in 
 view to fore- 
 closure. 
 
 See law of 1866, 
 cliap. 25, and 
 1868, chap. 208. 
 
 —may pay 
 amount due on 
 mortgage. 
 
 — wlien pay- 
 ment or tender 
 shall hold same 
 in trust for 
 bondholders, 
 &c. 
 
 Trustees of 
 subsequent 
 mortgage shall 
 hold same as 
 assignees. 
 
 Proviso. 
 
 LAWS OF 1864, CHAP. 265. 
 
 An act relating to the redemption of railroad mortgages by subsequent 
 mortgagees, and for the better protection of bondholders . 
 
 £e a enacted, (&e. Sect. 1. In all cases where any entry 
 has been made or other steps have been, or shall hereafter be 
 taken with a view to foreclose, or commence the foreclosure 
 of any mortgage upon any railroad within this State, or upon 
 any part thereof, or upon its franchise or other property, any 
 subsequent mortgagees of the same road, francljise or other 
 property, holding in trust for the benefit of any holders of 
 the bonds or other claims secured by such subsequent mort- 
 gage, in which no provision for a sale is expressed, may pay 
 the arhount due upon the mortgage so being in process lof 
 foreclosure, at any time before such foreclosure shall become 
 absolute ; and upon payment or tender thereof shall hold the 
 same in trust for the persons holding bonds or other claims se- 
 cured by such subsequent mortgage, who severally shall have 
 contributed to the payment and redemption thereof; and each 
 bondholder or other person so contributing, shall be equitably 
 interested therein, in proportion to the amount he shall have 
 paid ; and the trustees of the subsequent mortgage shall hold 
 the same as assignees notwithstanding its payment in trust 
 for the benefit of the persons contributing as aforesaid, in the 
 same manner and with the same efifect that it would have been 
 held by the preceding mortgagees if it had not been paid or 
 redeemed, subject, however, to the provisions for further con- 
 tribution hereinafter contained ; provided, however, that when- 
 ever any subsequent mortgage upon any railroad, contains a 
 provision for a sale of the mortgaged property, if it appears by 
 the terms of said mortgage that the right to make such sale 
 is conditional, and that the sale is to be made upon the written 
 application of persons owning a majority, in amount, of the 
 
GENERAL EAILEOAD LAWS. 647 
 
 bonds or other claims, if any, secured thereby, and no such 
 written application shall be made to the trustees under such 
 mortgage for a sale, the bondholders or other persons so se- 
 cured, shall be entitled to all the rights and privileges which 
 are provided for other bondholders and persons in and by this 
 act. 
 
 Sect. 2. For the purpose of paying any such preceding _maycau 
 mortgage, the trustees under any subsequent mortgage may meeting of 
 with or without application as hereinafter provided, call a 
 meeting of the bondholders or other persons secured thereby, 
 to be held at such time and place as they or a majority of 
 them shall appoint, of which they shall give at least fourteen I[™^°^' "^ 
 days' notice in the State paper and such other newspapers as 
 they may deem proper, therein stating the object of said meet- 
 ing; and it shall be their duty to call such meeting upon the 
 written application of any one or more of the persons inter- caued. 
 ested in the subsequent mortgage as aforesaid, (upon the pay- 
 ment of all reasonable expenses to be incun-ed thereby,) pro- 
 vided the said application shall be made at least six months 
 before the preceding mortgage will be absolutely foreclosed. 
 The persons interested as aforesaid, present at such meeting, 
 may organize the same by the choice of a moderator and clerk, izea. 
 and may proceed to determine what measures, if any, shall be 
 taken for the payment or redemption of the preceding mort- 
 gage ; and if persons holding a majority of the interest there _.f ^--ojity of 
 represented, shall vote that it is expedient to pay or redeem interest simu 
 the preceding mortgage, it shall be the privilege of each and redeem, each 
 every bondholder, or other person holding claims secured by "*^ contribute 
 
 ■' ' . ■'to thejiayment, 
 
 such subsequent mortgage, to contribute his proportion to the &c. 
 payment thereof, and if any such bondholder or other person 
 shall, after due notice to be given as hereinafter stated, fail to 
 pay his proportion according to the provisions of this act, his 
 rights shall be forever foreclosed and barred. 
 
 'Sect. 3. Whenever, at any meeting held in pursuance of if voted expe- 
 the provisions of this act, it shall have been voted that it is ^^^^ *° p^^ °' 
 
 redeem. 
 
 expedient to pay or redeem any prior mortgage as aforesaid, . 
 
 the trustees under the subsequent mortgage, shall, immedi- give notice to 
 
 ately after being notified of the passage of such vote, give ^g, " ^™' 
 
648 
 
 GENERAL RAILROAD LAWS. 
 
 —stating time 
 and place and 
 person to whom 
 proportions 
 sliall be paid, 
 —any person 
 failing to pay, 
 &c. 
 
 — person pay- 
 ing shall suc- 
 ceed to all 
 rights, &c. 
 
 If voted not 
 expedient to 
 pay or redeem. 
 
 —bondholders, 
 die, may pay 
 trustees to re- 
 deem prior 
 mortgage. 
 
 —upon redemp- 
 tion, persons 
 paying shall be 
 vested with 
 rights, &c. 
 
 public notice thereof, which notice shall be published at least 
 three weeks successively in the State paper, and such other 
 newspapers as the trustees may think proper, if the time be- 
 fore the day of foreclosure will reasonably permit, and shall 
 therein call upon all bondholders and other persons holding 
 claims secured by such subsequent mortgage to pay their 
 several proportions of the sum to be paid for the redemption 
 of the prior mortgage ; and shall therein state the time and 
 place, and person to whom their several proportions shall be 
 paid, together with the fate per cent, which each hundred 
 dollars of the bonds or claims secured will be obliged to pay 
 as near as conveniently may be. And if any person so inter- 
 ested shall fail to pay his proportion by the time fixed in said 
 notice, then any such deficiency arising from such failure may 
 be paid by any other person or persons holding bonds or 
 claims secured as aforesaid; and the persons so paying any 
 deficiency as aforesaid, shall succeed to all the rights which the 
 person failing to pay as aforesaid would have had, if season- 
 able payment had been made by him, subject however, to the 
 further right of redemption as hereinafter provided. 
 
 Sect. 4. If no such meeting shall be seasonably called by 
 the trustees of suth subsequent mortgage as is provided for in 
 this act, or if at such meeting duly called the bondholders or 
 other persons holding claims secured by such mortgage, shall 
 fail to vote that it is expedient to pay or redeem the prior 
 mortgage, it shall be lawful and competent for any one or 
 more of the bondholders or other persons so secured by such 
 subsequent mortgage, to pay over to the trustees holding such 
 mortgage, so much money as shall be necessary to redeem the 
 said prior mortgage ; and it shall be the duty of sach trustees 
 upon seasonable payment to them as aforesaid, to pay or re- 
 deem such prior mortgage therewith ; and upon the redemp- 
 tion thereof, the persons so paying the money, shall stand in 
 the same position and be vested with all the equitable rights 
 which the other bondholders or other persons secured by such 
 subsequent mortgage would have been entitled to if they had 
 paid in due season their proportions thereof; and the trustees 
 of the subsequent mortgage shall hold the real and personal 
 
GENERAL RAILEOAD LAWS. 649 
 
 property so redeemed in trust for the benefit of the persons 
 
 paying: or furnishing the redemption money as aforesaid, sub- — fistees siiaii 
 
 r J o & 1 .„,.,„ hold property 
 
 ject, however, to the same provision tor further right of re- redeemed for 
 demption whicli is provided in the following section for per- ^^gh°ngrrdemp- 
 sons failing to pay their proportions after notice as is therein Hon money, 
 required. 
 
 Sect. 5. Whenever any prior mortgage shall have been 
 paid or redeemed in pursuance of this act, and it shall appear 
 
 '■ ' ' ri Bondholders 
 
 to the trustees making such payment that any of the bond- failing to pay 
 holders or other persons holding claims secured by the subse- yo^'to j'^ee'm 
 quent mortgage, which they represent have failed to pay their 
 proportion of the sum paid to redeem the prior mortgage, it 
 shall be the duty of such trustees to tjive public notice that all -'^^'^f^ 8'>^' 
 
 '' or give notice. ' 
 
 ■persons who have failed to pay their proportion as aforesaid, 
 may redeem their several proportions by payment to said trus- 
 tees or their agent of the sum so paid or advanced in their be- 
 half, with interest at the rate of twelve per cent, per annum 
 thereon, at any time within one year from and after the first 
 publication of said notice ; and any payment so made to the trus- ., 
 
 ^ ' ^ r J — if payjnent is 
 
 tees or their agent within the time aforesaid, shall have the made, rights 
 effect to restore the persons so paying to the same position 
 and interest in the property enlbraced in the prior mortgage, 
 which they would severally have been entitled to, if they 
 had paid tlieir proportion thereof, at any time before there 
 would have been an absolute foreclosure of the prior mort- 
 gage, if the same had not been paid or redeemed ; and if no 
 such payment shall have been made within the year aforesaid, notSe)^" 
 the rights of all persons so failing to pay their proportion, "giits barred, 
 with interest as aforesaid, in and to the property convoyed by 
 the prior mortgage, shall be forever barred. All moneys paid to. jjoney paid to 
 said trustees in pursuance of this section, shall be distributed pro t™steea shall 
 
 ■•be distributed 
 
 rata among the several persons who paid or advanced the same, prorata. 
 The notice aforesaid shall be published for at least ten weeks 
 
 Notice, how 
 given. 
 
 in succession in the State paper, and the first publication there- 
 of shall not be until after the prior mortgage would have 
 become foreclosed, if it had not been paid or redeemed. 
 
 Sect. 6. All persons who have contributed or shall here- 
 Certain persons 
 alter contribute to the payment of any prior mortgage in pur- may organize a 
 
 41 
 
650 
 
 GENEEAL KAILEOAD LAWS. 
 
 new corpora- 
 tion, &c. 
 
 Sights, priv- 
 is, &c. 
 
 PrOTlso. 
 
 Wlien new 
 corporation is 
 formed. 
 — ^may issue 
 certificates of 
 stock. 
 
 — treasurer 
 sball issue 
 certificates for 
 fractions, &c. 
 
 Bondholders 
 may by vote 
 instruct 
 trustees to 
 extend time of 
 redemption of 
 
 suance of the provisions of this act, shall have the right to 
 organize and form a new corporation with such name as they 
 may designate, to be certified by the president and secretary 
 of such new corporation to the secretary of State ; and shall 
 have and enjoy all the I'ights and privileges which are pro- 
 vided by law, or which would attach to the bondholders or 
 other persons holding claims secured by such prior mortgage, 
 if the same had been foreeJosed without any payment or re- 
 demption thereof; provided, however, that the said rights and 
 privileges, and also the chartered rights and immunities con- 
 ferred upon the holders of bonds secured by a mortgage of a 
 railroad and its franchise, upon a foreclosure thei'eof, under 
 the provisions of chapter fifty-one of the revised statutes, shall 
 be liable at any time to be amended, altered or repealed, at the 
 pleasure of the legislature. 
 
 Sect. 7. When the foreclosure of a railroad mortgage shall 
 havfe been completed and a new corporation formed, the presi- 
 dent and treasurer of the new corporation shall issue certifi- 
 cates of stock therein to each holder of bonds or coupons, or 
 other claims secured by the mortgage foreclosed, to the ex- 
 tent of one share for every hundred dollars so secured, so 
 held at the time of foreclosure; and the treasurer shall issue 
 certificates for the fractions, payable to the bearer in stock of 
 the new corporation, when presented in sums sufficient to 
 make one' or more shares ; and when such certificates shall be 
 presented in sufficient sums to entitle the holder to one or 
 more shares, the president and treasurer shall issue certificates 
 of stock for the same accordingly. 
 
 Sect. 8. The holders of the bonds or other claims under 
 any such mortgage as is described in the first section of this 
 act, put on foreclosure, in any meeting called for that pur- 
 pose, may by vote instruct the trustees to extend the time for 
 the redemption of such mortgage ; and thereupon the trustees 
 of such mortgage shall be authorized and required by writing 
 under their hands, given to the party entitled to redeem, to 
 extend the time of the redemption, and the same shall be 
 extended accordingly. 
 
 Sect. 9. In all cases where bondholders or other persons 
 
GENERAL RAILROAD LAWS. 651 
 
 secured by such subsequent inortgaare shall avail themselves when bond- 
 
 „, •'.. „?. i,,n PI holders, &o., 
 
 01 the provisions of this act, the stockholders oi the company secured by sub- 
 or any number of them desiring; to do so, may have the priv- sequent mort- 
 
 J o ' J i gage shaU avail 
 
 ilege of redeeming the property described in such prior mort- themselves of 
 gage, at any time within two years after such redemption on ^ '. ,, 
 
 o & ' t/ J r — stockholders 
 
 payment of such prior mortgage, to the trustees of such subse- may redeem, 
 quent mortgage, with ten per cent, interest thereon until paid, — ^'t'™ t^" 
 together with the amount which shall be due to such redeeming 
 bondholders or other claimants on bonds or other claims held 
 by them, secured by such subsequent mortgage with interest 
 thereon ; and thereupon such paying stockholders shall suc- 
 ceed to, and have all the rights and title, legal and equitable, ^^^i* rights 
 to such mortgaged property as said bondholders or other &«• 
 claimants succeeded to, and were possessed of, under or by 
 operation of their said redemption, and of which they were 
 possessed under such subsequent mortgage. And in case the Excess of 
 earnings of such road if taken possession of, and managed by earnings, how 
 
 1 CI 1 11 1 disposed of. 
 
 the trustees of such subsequent mortgage shall exceed the 
 cost of the running expenses and necessary repairs and proper 
 expenditures for the improvement and management of the 
 road, such excess shall be deducted from the amount to be 
 paid by the stockholders aforesaid, and shall be allowed by 
 the trustees of such subsequent mortgage to the said stock- 
 holders, as so much payment towards the redemption of said 
 mortgages. And if the earnings of said road shall prove in- shall be an 
 sufficient to pay the cost of necessary repairs and prudential a**'*!*'''"*! 
 
 ^ •^ •] r I. charge upon the 
 
 management of said road, such deficiency shall become an road, &c. 
 
 additional charge upon the road, and shall be paid to the 
 
 trustees as a part of the sum to be paid by the stockholders 
 
 for the redemption thereof. And for the purpose of making gj^ vh ,4 r 
 
 such redemption by stockholders, they shall have the same rightto demand 
 
 ..1 /.T T 1 ..J, .1,, a true account 
 
 privilege 01 demanding and receiving trom said trustees a of sums paid 
 
 true and correct account of the sums to be paid said trustees teus'^es. 
 
 for the benefit of said stockholders and other claimants with 
 
 the interest due thereon ; and shall have the same remedies _remedies in 
 
 on failure thereof, as are provided in case of mortgages of faume thereof. 
 
 real estate. And in case of any dispute in relation to any 
 
 matters involved in the proceedings of any person or party 
 
652 
 
 GENERAL EAILEOAD LAWS. 
 
 In case of dis- 
 pute, S. J. C. 
 authorized ou 
 petition to 
 adjudicate, &c. 
 
 Act sliaJl not 
 be construed to 
 repeal or 
 supersede 
 rights, &c. 
 
 Stockholders 
 redeeming to 
 give notice to 
 stockholders 
 not redeeming. 
 
 —rights of noti- 
 fied stock- 
 holders. 
 
 under the provisions of this act, it shall be competent for the 
 supreme judicial court, on petition of said trustees or any 
 party interested as bondholder, stockholder, or other claimant 
 aforesaid, and upon a hearing had thereon, to adjudicate such 
 dispute, and make such decrees therein, as the said court may 
 deem reasonable and just. But nothing in this act shall be 
 construed to repeal or supersede any rights or remedies which 
 any such stockholder, bondholder, or other claimant now has, 
 or may enforce at law or in equity, relating to the subject 
 matters of this act. And it shall be the duty of any stock- 
 holders, so redeeming, to give the same notices to all stock- 
 holders who have not contributed towards such redemption, 
 as are provided in this act in the case of bondholders ; and 
 such notified stockholders, shall, respectively, have the same 
 right and privilege of contributing to such redemption in pro 
 portion to their stock, as is provided in this act for bondhold- 
 ers or other claimants who bave failed to pay their proper 
 proportions before redemption to the trustees who first 
 redeemed. 
 
 Sect. 10. This act shall take effect and be in force from 
 and after its approval by the governor. Approved March 
 25, 1864. 
 
 Public laws of 
 1860, chap. 152, 
 repealed. 
 
 LAWS OF 1865, CHAP. 315. 
 
 An act to repeal an act entitled "an act to promote safety of travel on 
 railroads," approved March fourteen, eighteen hundred sixty. 
 
 Be it enacted, (&c. Sect. 1. The act entitled "an act to 
 promote safety of travel on railroads," approved March four- 
 teen, eighteen hundred sixty, is hereby repealed. 
 
 Sect. 2. This act shall take effect when approved by the 
 governor. Approved February 24, 1865. 
 
 LAWS OF 1865, CHAP. 321. 
 An act additional concerning railroads. 
 
 ratlo^^may*"" ^^ ^^ enacted, (&c. Sect. 1. A railroad corporation may 
 take real take and hold real estate necessary for depot purposes, and 
 
 purposes. when the parties interested do not consent thereto, and can- 
 
GENERAL EAILEOAD LAWS. 653 
 
 not agree upon other persons to determine the question of Question of 
 necessity and the extent thereof, the said corporation may extent how 
 make application to the raih-oad commissioners of this State, determined, 
 to view the premises and determine whether, and how much gj^^p. 171- 1871 
 of such estate, is necessary for the reasonable accommodation "^^v- ^^''' ^^''^■ 
 
 ' ■; . cbap. 70. 
 
 of the traflSc and appropriate business of the said corporation. 
 Sect. 2. Tlic said application shall be in writing, and shall 
 set forth a definite description of the estate, giving the name Application to 
 
 , 1 . • 1 1 railroad com- 
 
 ot the owner or owners, or other parties interested, and a miasioner, how- 
 hearing thereon shall be had at the expense of the said cor- ^'^^^ 
 poration, at such time, and at such place in the vicinity of notice, 
 the premises, as the said commissioners shall appoint, of 
 which notice shall be given to all parties interested, in such 
 manner as the said commissioners shall direct, fourteen days 
 at least before the day appointed for the said hearing. 
 Sect. 3. If tlie said commissioners shall adiudee and deter- ,^.^.^ 
 
 '' ^ Adjudication of 
 
 mine, after such hearing, that the estate in question is neces- commiBsioners. 
 sary for the use of the corporation as aforesaid, they shall 
 furnish to the said corporation a certificate of their adiudiea- 
 
 , „ —their certifi- 
 
 tion, together with a definite description of the estate so cate. 
 found by them to be necessary to the said corporation, which 
 shall be filed with the clerk of the courts in the county in 
 which the land lies; and thereupon the said corporation may 
 enter upon, locate and take the said estate to tlie extent set 
 forth in the said certificate ; and the provisions of chapter 
 
 ^ ^ Provisions of 
 
 fifty-one of the revised statutes and of all subsequent acts chap. 51, k. s., 
 amendatory thereof, shall be applicable to all further proceed- "'' *^^ '°* 
 ings in relation to the taking of the said estate, and the esti- 
 mation and payment of damages therefor. 
 
 Sect. 4. Nothing in this act shall be. construed to authorize 
 the taking of any meeting house, dwelling house, or public Property not 
 or private burying ground, without the consent of the owners, taken. 
 
 Sect. 5. This act shall take effect when approved. Ap- see laws of 
 
 T TT I c^A 10,^1; 1836, chap. 204. 
 
 proved Jbebruary 24, 1865. 
 
 LAWS OF 1866, CHAP. 25. 
 An act additional concerning the redemption of railroad mortgages. 
 Be it enacted, dec. Sect. 1. When the foreclosure of any 
 
654 
 
 GENERAL RAILROAD LAWS. 
 
 Eeclemption of 
 prior mortgages 
 by assessment 
 on stocky bonds, 
 &c., authorized. 
 See laws of 
 1868, chap. 208, 
 and 1861, chap. 
 265. 
 
 Stockholders to 
 vote on question 
 of redemption 
 and assessment, 
 and directors to 
 
 railroad mortgage has been completed and a new corporation 
 has been organized from the holders of the bonds and the 
 coupons secured by said mortgage, or whenever such fore- 
 closure shall hereafter be completed and such new corporation 
 shall have been organized as aforesaid, if the railroad describ- 
 ed and conveyed by such foreclosed mortgage, or any part of 
 said railroad, is subject or shall be subject to any prior mort- 
 gage or mortgages, put upon foreclosure, such new corpora- 
 tion in any legal meeting duly called for that purpose, may 
 vote to redeem such prior mortgage or mortgages, and may 
 further vote to lay au assessment upon all stock, bonds, cou- 
 pons and certificates for fractions of stock of all persons inter- 
 ested in such foreclosed mortgage for the purpose of redeeming 
 such prior mortgage or mortgages, to an amount not exceeding 
 the amount required for such redemption. 
 
 Sect. 2. Whenever in a legal meetings the stockholders of 
 such new corporation have voted to redeem such prior mort- 
 gage or mortgages and to make an assessment for that purpose, 
 it shall be the duty of the directors of such new corporation 
 forthwith to assess such a sum, not exceeding the amount 
 required, for the redemption of such prior mortgage or mort- 
 
 Assessments, 
 how made. 
 
 Treasurer to 
 give notice of 
 per centage, 
 time and place 
 of assessment, 
 by publication. 
 
 Sect. 3. Such sum shall be assessed upon all interests in 
 said foreclosed mortgage in proportion to their several amounts, 
 whether stock, or certificates for fractions arising in commu 
 tation of bonds and coupons for stock, or bonds and coupons 
 not commuted for stock. 
 
 Sect. 4. The said directors shall fix a time and place for 
 the payment of said assessment to the treasurer of said corpora- 
 tion, and said treasurer shall give notice of said assessment ; 
 of the percentage laid upon those interested by the same, and 
 of the time and place fixed by the directors for the payment 
 of the same, and shall call upon all persons liable to the pay- 
 ment of said assessment, by publishing au advertisement of 
 the same six weeks successively, in one newspaper published 
 in each of the counties where the railroad conveyed by said 
 foreclosed mortgage, is situated, the last of said publications 
 to be two weeks, at least, before the time fixed for the pay- 
 ment of said assessment. 
 
GENERAL EAILEOAD LAWS. 655 
 
 Sect. 5. If any stockholder in said new corporation shall 
 fail to pay his proportion of said sura, on or before the day stock of deiin- 
 
 ■ quent stock- 
 fixed for the payment by said directors, the treasurer of said holders may be 
 
 corporation shall sell the stock of such delinquent stockholder """'''' '''"="™- 
 at public auction, or enough of said stock to pay the amount 
 of said delinquent's assessment with twelve per cent, interest 
 thereon, by the year, from the day fixed by said directors for 
 the payment of the same, and the cost of advertising and sell- 
 ing; the said treasurer first giving notice of the time and place Treasurer 
 of said sale by publishing an advertisement of the same three of s^ot^stock 
 weeks successively before the day of sale, in some newspaper 
 printed in the county where said sale shall be appointed, if any, 
 if not, then in an adjoining county. 
 
 Sect. 6. The president and treasurer of such corporation 
 shall give to the purchaser of the shares so sold a certificate presiaent^&c. 
 for the same, and the said certificate shall confer upon him a ^^^^^ constitute 
 
 title to shares 
 
 good title to the same, and said delinquent stockholder sliall so purchased, 
 surrender his certificate to be cancelled, and may have a new '^°' 
 certificate for any number of his said shares, not sold at said 
 auction, by paying for the excise stamp required. 
 
 Sect. 7. If the delinquent shall be the holder of bonds or Delinquents not 
 coupons secured by such foreclosed mortgage, or of a certifi- !,^'''t''^ *" t^^" 
 cate or certificates for fractions arising in commutation, he assessments 
 shall not bo entitled to commute such bonds, coupons or cer- paid, 
 tificates for fractions, for a certificate of stock, until he shall 
 have paid to the treasurer of such new corporation, the full 
 amount due upon the said assessment, with twelve per cent, 
 interest by the year, from the time fixed by the directors for 
 the payment thereof. 
 
 Sect. 8. No holder of any bonds or coupons secured by Holders of 
 such foreclosed mortgage, or of any certificate or certificates bonds, &c., not 
 
 nj,. .. *. ini .11 to share in 
 
 tor tractions arising upon commutation, shall be entitled to aividends untu 
 have such bonds, coupons or certificates for fractions, share in p^p"^''""*! 
 
 ' ^ _ ' part of assess- 
 
 any dividend of profits, that rnay be declared by the directors ments, &c., is 
 
 of such new corporation before he shall have satisfied and ^ ' 
 
 paid his proportion of the sum assessed, with interest at the 
 
 rate of twelve per cent., by the year, from the time fixed for 
 
 the payment of the same by said directors, nor unless he shall 
 
656 
 
 GENERAL EAILEOAD LAWS. 
 
 Moneys realized 
 to be applied to 
 redemption of 
 prior mortgage. 
 
 When redeem- 
 ed, all property, 
 &o., to vest in 
 new corpora- 
 tion. 
 
 previously have commuted his said bonds, coupons and certifi- 
 cates for fractions and taken a certificate of stock. 
 
 Sect. 9. The directors of such new corporation shall apply 
 all moneys realized from said assessment, to redeem such 
 prior mortgage or mortgages and for no other purpose, until 
 the same are fully redeemed. 
 
 Sect. 10. And on the redemption of such prior mortgage 
 or mortgages, all the property, rights and interests, secured 
 thereby, shall vest in such new corporation. Approved Feb- 
 ruary 20, 1866. 
 
 Signs at rail- 
 road crossings 
 to be placed at 
 side of way 
 instead of over 
 and across 
 same. 
 
 LAWS OF 1866, CHAP. 32. 
 An act to amend chapter fifty-one of the revised statutes . 
 
 Be it enacted, &c. Sect. 1. Section twenty, of chapter 
 fifty-one of the revised statutes, is hereby stricken out, and 
 the following substituted therefor : — Boards, with the words 
 RAILROAD GROSSING distinctly painted thereon, 
 on each side, in letters plainly legible, are to be placed at 
 the side of a way where it is crossed by a- railroad, on a 
 post or other structure, in such position as to be easily seen 
 by persons passing upon such way. 
 
 Sect. 2. This act takes effect from and after its approval by 
 the governor. Approved February 21, 1866. 
 
 Bells on 
 engines substi- 
 tuted for steam 
 whistle when 
 approaching 
 crossings. 
 
 LAWS OF 1866, CHAP. 36. 
 
 An act to amend chapter two hundred and twenty-eight of the public 
 laws of eighteen hundred and sixty-four . 
 
 Be it enacted, <&c. Sect. 1. The first section of chapter 
 two hundred and twenty-eight of the public laws of eighteen 
 hundred and sixty-four, is hereby amended, by adding thereto 
 the following words, viz : — provided, however, that vjhen such 
 engine is passing through any city, town or village, the bell 
 may be used, for a warning inUead of the steam whistle. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 21, 1866. 
 
GElSrERAL EAILROAD LAWS. 657 
 
 LAWS OF 1867, CHAP. 94. 
 
 An act relating to the reports of railroad corporations and insurance 
 
 companies. 
 
 Be it enacted, die. The report of railroad corporations r. s., chap. 5i, 
 required to be made to the secretary of State, by seiition chap^erTect 
 thirty-six, chapter iifty-one of the revised statutes, and the 21, laws of i859, 
 
 p . ' . . , , . amended. 
 
 statements 01 msm-anco companies required by section twenty- 
 one, chapter sixty-seven of the public laws of eighteen hun- Reports of cor- 
 dred and fifty-nine, to be transmitted to the secretary of State, ^"deiTthr^ 
 shall hereafter be made and transmitted to the secretary of ™™th of Jan. 
 State in the mouth of January of each year, instead of the Amended 1874 
 time now required bylaw. Approved February 23, 1867. "''''P' ^^*' 
 
 LAWS OF 1867, CHAP. 119. 
 
 An act authorizing any city or town in this State to raise money to aid in 
 the construction of any railroad in this State. 
 
 Be it enacted, dtc. Sect. 1. Any town or city in this 
 
 State may, at any legal meeting duly notified and holden for town°may raise 
 
 that purpose, raise by tax or loan, such sums of money as ^^^°^'^°^ 
 
 they shall deem expedient, not exceeding five per cent, of exceedingflve 
 
 the valuation of such town or city as made by tlie assessors vaiuaHonfor"''' 
 
 thereof for the year in which said meeting shall be held, constructing 
 
 and may appropriate the same to aid in the construction sxpianatorr 
 
 of any railroad in this State, in such manner as they shall 1868, chap. 210. 
 
 , -771 1 ■ -, „ , Amended 1870, 
 
 deem proper; provided, that two-thirds of the legal voters chap.si. 
 present and voting at such meeting shall vote therefor. 
 
 Sect. 2. Any town or city may make such contracts with 
 
 .11 ^. 1 ,., . . Authority to 
 
 any person or railroad corporation, now or hereafter existing make contracts, 
 under the laws of this State, for the purposes mentioned in ^^ ^«-' ^■ 
 the preceding section as they may think necessary, and may 
 raise money by tax or loan to carry the same into effect, not 
 exceeding the amount of said five per cent. 
 
 Sect. 3. Any town or city raising money by loan under the gums to be 
 provisions of this act, shall raise in each vear, commencing the raised in liqui- 
 
 . ./ > b dationofsuch 
 
 third year after such loan shall be effected, a sum not less loans, 
 than three per cent, of the amount of such loan, to be applied 
 to the liquidation of the principal of such loan, in addition to 
 
658 
 
 GENERAL RAILROAD LAWS. 
 
 Selectmen or 
 other agent, 
 when author- 
 ized to vote at 
 meeting of 
 railroad corpo- 
 ratione. 
 
 Public laws of 
 1865, chap. 321, 
 sect. 1, 
 amended. 
 Bailroad corpo- 
 rations author- 
 ized to take 
 land for depot, 
 side tracks, 
 shops, &c. 
 
 —extent to be 
 determined by 
 railroad com- 
 missioners 
 when parties do 
 not agree. 
 
 Examination 
 ef railroads by 
 railroad com- 
 Bioners. 
 Public laws of 
 1864, chap. 238, 
 sect. 7, 
 repealed. 
 
 the interest, unless the same shall be satisfactorily pijovided 
 for in some other way. 
 
 Sect. 4. Whenever any town or city shall hold any stock 
 in any railroad, the selectmen are aathorized to vote thereon 
 at all meetings of such corporation, or may appoint an agent 
 for that purpose, by writing, under their hands. 
 
 Sect. 6. This act shall take effect when approved by the 
 governor. Approved February 28, 1867. 
 
 LAWS OF 1868, CHAP. 171. 
 
 An act to amend chapter three hundred and twenty-one of the laws of 
 eighteen hundred and sixty-five, relating to railroads. 
 
 £e it enacted, <&c. Section one of chapter three hundred 
 and twenty-one of the public laws of the year eighteen hun- 
 dred and sixty-five, is hereby amended, so that the section, as 
 amended, shall read as follows : 
 
 "A railroad corporation may take and hold real estate for 
 depot purposes, and for all necessary tracks or side tracks, 
 wood sheds, repair shops, and car, engine and freight houses, 
 and when the parties interested do not consent thereto, and 
 cannot agree upon other persons to determine the question of 
 necessity and the extent thereof, the said corporation may 
 make application to the railroad commissioners of this State 
 to view the premises, aad determine whether, and how much 
 of said estate is necessary for the reasonable accommodation 
 of the trafiic and appropriate business of the said corpora- 
 tion." Approved February 24, 1868. 
 
 LAWS OF 1868, CHAP. 179. 
 An act giving additional powers to the railroad commissioners. 
 
 Be it enacted, <&c. Sect. 1. The examination of railroads, 
 now required by law to b6 made by the railroad commissioners, 
 shall be made at such times as they may deem necessary; and 
 section seven of chapter two hundred thirty-eight of the public 
 laws of eightee,n hundred sixty-four, which limits the time to 
 which said examination ^hall be made, is hereby repealed. 
 
 Sect. 2. Whenever a serious accident occurs on any rail- 
 road in this State, and any person or persons are injured 
 
GENERAL RAILROAD LAWS. 659 
 
 thereby, it shall be tlie duty of the railroad commissioners to commissiouera 
 proceed immediately to the place where the accident occurred, into cause of 
 and to make an examination into the cause of said accident, serious railroad 
 
 accidents an 
 
 with authority to send for persons and papers, and make a report same in 
 statement of the cause and result of said accident in their an- '^pOTt!"""''' 
 nual report, and also in such other manner as they may deem 
 requisite. 
 Sect. 3. All expenses incurred under the provisions of this 
 
 .nil • M T .11 • 1 Expenses of 
 
 act shall be paid by the respective railroads examined by said examination, 
 commissioners, at a rate of compensation as now provided by '""' ^^^' 
 law. Approved February 27, 1868. 
 
 LAWS OF 1868, CHAP. 186. 
 
 An act additional to chapter fifty-one of the revised statutes relating to 
 the satisfaction of judgments against railroad corporations in certain 
 cases. 
 
 Be it enacted. <&c. Seot. I. Whenever any railroad cor- Repealed i870, 
 
 ' _ •' chap. 155. 
 
 poration running cars and engines over its road in this State 
 and doing any damage to the property of individuals along Eoiung stock of 
 the line of such road for the want of sufficient fences, or by ^eleizedMiT 
 setting fires from its engines, or in any other manner for sold on certain 
 which such railroad corporation shall be held liable by law for 
 which judgment shall be recovered in any of the courts of this 
 State and execution issued upon such judgment, shall remain 
 unsatisfied for the space of ninety days after a written de- 
 mand upon its superintendent or treasurer, the rolling stock 
 or any part thereof used or worked upon such railroad, 
 whether owned by the corporation owning said railroad or by 
 other parties in whole or in part, shall be holdeu to satisfy 
 such judgment, and such rolling stock or any part thereof 
 sufficient may be seized upon any execution issuing upon such 
 judgment, and sold to satisfy the same, observing the require- 
 ments of law for the sale of personal property in other eases. 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 29, 1868. 
 
660 
 
 GEKERAL RAILROAD LAWS. 
 
 All express 
 companies enti- 
 tled to equal 
 privileges on 
 railroads in 
 tills State, 
 ' 67 Me., 188. 
 
 Penalty for 
 withholding 
 such privileges. 
 
 LAWS OF 1868, CHAP. 193. 
 
 An act additional to "an act to secure the safety and convenience of trav- 
 ellers on railroads," approved March twenty-six, anno domini eighteen 
 hundred and fifty-eight. 
 
 Be it enacted, &c. Sect. 1. All lexpressmen and all per- 
 sons engaged in express business, shall have reasonable and 
 equal terms, facilities, and accommodations for the transpoiv 
 tation of themselves, their agents and servants, and of any 
 merchandise and other property, upon any railroad owned or 
 operated in this State, and for the use of the depot and other 
 buildings and grounds of such corporation, and at any point 
 of intersection of two railroads, reasonable and equal terms 
 and facilities of interchange. 
 
 Sect. 2. Every railroad corporation offending against the 
 provisions of the foregoing section, shall be liable to a pen- 
 alty, not exceeding five hundred dollars, to be recovered by 
 indictment, and to the party aggrieved, in an action of dam- 
 ages. 
 
 Sect. 3. This act shall take effect when approved-. Ap- 
 proved Fehruary 29, 1868. 
 
 Allegation of 
 tender of 
 amount due on 
 mortgage not 
 necessary in 
 bills in equity 
 to redeem mort- 
 gages given by 
 railroad corpo«- 
 rations to 
 secure their 
 bonds. 
 
 LAWS OF 1868, CHAP. 208. 
 
 An act in relation to bills in equity brought to redeem mortgages given 
 by railroad corporations. 
 
 Be it enacted, <&c. In bills in equity brought to redeem 
 mortgages given by railroad corporations to secure their bonds, 
 or other indebtedness, it shall not be necessary to allege or 
 prove a tender of the amount due thereon ; but an averment 
 therein that the complainants are ready and willing to redeem 
 upon account rendered shall be sufficient to authorize the 
 maintainance of such bill, if said bill is otherwise maintainable. 
 This act shall not be construed to apply to any proceedings 
 for the foreclosure of any such mortgage that shall have been 
 had prior to the filing of such bill in equity. Approved 
 March 6, 1868. 
 
GENERAL RAILROAD LAWS. 661 
 
 LAWS OF 1868, CHAP. 210. 
 
 An act explanatory of chapter one hundred and nineteen of the public 
 laws of eighteen hundred sixty-seven, entitled "an act authorizing any 
 city or town in this State to raise money to aid in the construction of * 
 any raUroad in this State." 
 
 Be it enacted, c&e. Sect. 1. Chapter one hundred nine- 
 teen of the public laws of eighteen hundred sixty-seven, en- construction of 
 ^ ^ . . „ chap. 119, put- 
 titled "an act authorizing any city or town in this State to ho laws 1867. 
 
 raise money to aid in the construction of any railroad in this 
 State," shall not be construed so as to give any city or town 
 the right to make such subscription for more than five per 
 cent, in the whole, to one or more railroads, or to aid in the 
 eonstruction of any railroad by a loan of its credit or other- 
 wise, to an amount exceeding said five per cent., unless auth- 
 orized by an act of the legislature. Approved March 6, 
 1868. 
 
 LAWS OF 1870, CHAP. 81. 
 
 An act additional to an act entitled "an act authorizing any city or town 
 in this State to raise money to aid in the construction of any railroad 
 in this State," approved February twenty-eight, one thousand eight 
 hundred and sixty-seven. 
 
 £e it enacted, (&c. Sect. 1. Legal meetings in cities con- Manner of cau- 
 templated in the first section of an act entitled "an act auth- '"s meetiugs in 
 
 7 , ' ^ • c\ • ' • *^i*i®s to aid in 
 
 orizing any city or town m this State to raise money to aid in the construction 
 the construction of any railroad in this State," approved Feb- "^ railroads. 
 ruary twenty-eight, in the year of our Lord one thousand 
 eight hundred and sixty-seven, shall be called, notified and 
 warned by the mayor and aldermen of such cities, whenever 
 directed by the common council of such cities, in the same 
 manner that meetings for the election of municipal ofiicers of 
 such cities are now called, notified and warned, and such com- 
 inon council shall, in their order directing the mayor and 
 aldermen to call such meeting, set forth in substance the 
 proposition to be submitted to the legal voters by such war- 
 rant. At such meetings the legal. voters shall vote in their 
 respective wards by written or printed ballots, those in favor ^"itten^or^ 
 of the proposition submitted by the warrant calling such printed 
 
662 
 
 GENERAL RAILROAD LAWS. 
 
 Votes, how 
 counted and 
 declared. 
 
 meeting, having on their ballots the word "yes," and those 
 opposed to said proposition having on their ballots the word 
 "no." The ballots given in shall be sorted, counted and, de- 
 clared in open ward meetings and shall be registered in the 
 ward, records. The clerk of each ward shall make return of 
 all the ballots given in in his ward, and the number in favor 
 of the proposition submitted by the warrant calling such meet- 
 ing, and the number of ballots against said proposition, to 
 the board of aldermen of such city. Such board shall exam- 
 ine said returns, and if two-thirds of the whole number of 
 ballots cast are in favor of the proposition submitted by the 
 warrant, then the municipal officers of such city shall forth- 
 with proceed to carry the same into effect according to the 
 provisions of the act to which this is additional. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved J^ebruary 4, 1870. 
 
 R. S., chap. 51, 
 sect. 24, relat- 
 ing to remedy 
 of owner of 
 land adjoining 
 a railroad for 
 neglect to fence. 
 
 Notice may be 
 given to or left 
 at the office of 
 superintendent 
 or treasurer. 
 See law of 
 1875, chap. 17. 
 
 LAWS OF 1870, CHAP. 82. 
 
 An act to amend section twenty-four of chapter fifty-one of the revised 
 statutes, relating to trespasses on adjoining land. 
 
 £e it enacted, (&c. Section twenty-four of chapter fifty- 
 one of the revised statutes is amended as follows, by inserting 
 in the second line of said section, after the word "superin- 
 tendent," the words, "or treasurer, or by leaving the same at 
 the office of either," and by striking out in the fourth line of 
 said section the word "thirty" and inserting therein the word 
 "seven," and striking out all of said section after the word 
 "dollars," so that said section as amended shall read as 
 follows: 
 
 "Sect. 24. The owner of land adjoining a railroad may 
 give written notice to its superintendent or treasurer, or by 
 leaving the same at the office of either, that such fence is not 
 made, or that it needs repair. For neglect to make or repair 
 it for seven days after such notice, the corporation forfeits to 
 such owner one hundred dollars." Approved February 7, 
 1870. 
 
GENERAL RAILROAD LAWS. 663 
 
 I 
 
 LAWS OP 1870, CHAP. 99. 
 
 An act to amend chapter fifty-one, section forty-eight of the revised 
 statutes relating to railroads . 
 
 Be it enacted c&c. Section forty-eight of chapter fifty-one r. g._ chap, si, 
 of the revised statutes is hereby amended by striking; out the f^°'- *^' .^^^*': 
 
 ■' J n ing to railroad 
 
 words "five hundred" and inserting the words, "one hundred crossings, 
 and fifty ;" and it is further amended by adding after the 
 words, "eight miles an hour," the following: "except when 
 from the condition of the track, or train, it shall be necessary 
 to run at a greater rate of speed, in which case it shall be the 
 duty of the conductor, or person in charge of the train, to 
 cause some man to stand at said crossing, with a fiag by day 
 and a lantern by night, to warn any approaching train upon 
 the other road," so that the section as amended shall read as 
 follows : 
 "Sect. 48. When a railroad crosses another railroad on the 
 
 Engineer to 
 
 same grade, every engineman on both, when approaching the stop engine and 
 point of intersection with an engine, with or without a train, ^'j^enM-osstag 
 shall stop his engine within one hundred and fifty feet of such the track of 
 
 ... Tin ' . another rail- 
 
 point, and before reaching it, and shall not pass it at a rate road. 
 
 exceeding eight miles an hour, except when from the condi- Exception, 
 tion of the track or train it shall be necessary to run at a 
 greater rate of speed, in which case it shall be the duty of the ^®"j^ ^'^*' 
 conductor or persons in charge of the train to cause some man 
 to stand at said crossing with a flag by day and a lantern by 
 night, to warn any approaching train upon the other road ; 
 and when two or more crossings on the same road are within 
 four hundred feet of each other, one stop will be sufficient ; 
 and if he violates this provision, he shall forfeit for each 
 ofljence one hundred dollars; and the corporation on whose 
 road the ofi'ence is committed shall forfeit two hundred dol- 
 lars." Approved February 28, 1870. 
 
 LAWS OF 1870, CHAP. 155. 
 
 An act to amend section one, chapter fifty-one of the revised statutes, 
 
 and to repeal chapter one hundred eighty-six of the public laws of the 
 
 year eighteen hundred and sixty-eight, relating to railroads . 
 
 E, S., chap. 51, 
 
 Be it enacted, <&c. Sect. 1. Section one of chapter fifty- ^^°'- i-'^^'^'^s 
 
664 
 
 GENERAL RAILROAD LAWS. 
 
 to petitions for 
 incorporation of 
 railroads, 
 amended. 
 
 Public laws 
 1868, chap. 186, 
 relating to en- 
 forcing judg- 
 ments against 
 railroad corpo- 
 rations 
 repealed. 
 
 one of the revised statutes, is hereby amended, by striking out 
 all after the word "course," in the third line, so as to read as 
 follows : 
 
 "Sect. 1. When a petition for a railroad corporation is pre- 
 sented to the legislature, it must state the places where the 
 road is to begin and end, the distance between them and its 
 general course." 
 
 Sect. 2. Chapter one hundred and eighty-six of the pubhc 
 laws of the year eighteen hundred and sixty-eight, is hereby 
 repealed. 
 
 Sect. 3. This act shall take effect wlien approved. Ap- 
 proved March 21, 1870. 
 
 Bailroad com- 
 panies may fix 
 the number of 
 directors. 
 
 LAWS OF 1871, CHAP. 177. 
 An act to authorize railroad companies to fix the number of directors. 
 
 Be it enacted, &c. Sect. 1. Any railroad company in this 
 State may at its annual meeting flxtlie number of directors of 
 said company, provided notice be given in the call for said 
 meeting of an intention to act upon said subject. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved January 26, 1871. 
 
 Bailroad com- 
 panies may 
 assume the 
 defence of suits 
 against towns 
 for defective 
 railroad 
 crossings. 
 
 LAWS OF 1871, CHAP. 186. 
 An act concerning the liability of railroads for defective crossings. 
 
 Be it enacted, <&c. Sect. 1. In any action against the 
 inhabitants of a town for damages alleged to have occurred by 
 reason of a defect in a railroad crossing, constituting a part of 
 a highway which said town is obliged to keep in repair, the 
 railroad company owning or occupying such crossing, may be 
 notified of the pendency of the suit, and may take upon itself 
 the defence of the same. Approved February 15, 1871. 
 
 LAWS OF 1871, CHAP. 195. 
 
 An act defining the notice on petitions for assessment of damages for 
 lands taken by railroad corporations. 
 
 Be it enacted, (&c. Sect. 1. In all cases of petition to the 
 county commissioners of any county praying for the assess- 
 
GENEEAL RAILROAD LAWS. 
 
 665 
 
 ment of damages on account of any railroad corporation having Notice on peti- 
 taken any lands therein, the notice to be given to the adverse ^°nto°f dam- 
 party of the time and place of the hearing thereon, shall be a ages for lands 
 
 r -i ^ i <= ji 1 • taken by rail- 
 
 personal notice of fourteen days, or by pubhcation of the peti- road corpora- 
 tion and order of notice thereon in some newspaper published *""'^' 
 in said county, two' weeks successively, the last publication to 
 be fourteen days before said hearing. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 22, 1871. 
 
 LAWS OF 1871, CHAP. 197. 
 
 An act amendatory of chapter fifty-one of the revised statutes, relating to 
 
 railroads. 
 
 Be it enacted. <&c. Section three of chapter fifty-one of the 
 
 p., 1T11 -1 Sect 3, chap. 51, 
 
 revised statutes or eighteen hundred and seventy-one, is here- h. s., relating 
 by amended, by inserting after the word "time," in the seventh *« iiearmgs by 
 
 J ■ J ri 3 railroad corn- 
 
 line of said section, the following : "provided however, that missioners to 
 
 when land is held by a tenant for life, and the reversion is necessity of tak- 
 contiuffent as to the persons in whom it may vest, on the ter- ing land for side 
 
 ° ^ •! ' tracks, depots 
 
 mination of the life estate, such fact shall be stated in the and other buiid- 
 application, and the commissioners shall, in addition to the ""s^'™*™ 
 notice to the tenant for life, give notice by publication to all 
 others interested in such manner as they shall deem proper." 
 Approved February 22, 1871. 
 
 LAWS OF 1871, CHAP. 198. 
 
 An act amendatory of chapter fifty -one of the revised statutes relating 
 to the issue of bonds by railroad corporations. 
 
 Be it enacted, dec. Sect. 1. Section twenty-eight of chap- 
 ter fifty-one of the revised statutes of eighteen hundred and on bonds issued 
 seventy-one is hereby amended by striking out in the fourth byr^uroadcor- 
 
 •' ■' ./ D porations. 
 
 hne of said section the words "not exceeding six per cent." 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 22, 1871. 
 
 LAWS OF 1871, CHAP. 204. 
 An act giving additional powers to the railroad commissioners. 
 
 Be it enacted, die. Sect. 1. The railroad commissioners, 
 42 
 
666 
 
 GENERAL EAILEOAD LAWS. 
 
 The railroad upon petition of responsible parties, representing that the 
 commissioners, pn^lic convenience and necessity require the erection and 
 
 upon petition, -^ _ •/ ± 
 
 may order the maintenance of a depot for freight and passengers, or a passen- 
 depot°whOTthe S^^ station, on the line of any railroad, after fourteen days' 
 public conven- notice by copy of said petition upon such corporation, and by 
 
 ience require it. , ,. , . . -, ...,,, „ . , . . 
 
 pubnshmg said petition, with the order oi said eominissaouers 
 thereon, in such public newspaper as shall be designated in 
 said order two weeks successively, the last publication to be 
 prior to the time fixed for said hearing, shall hear the parties 
 and determine whether the prayer of the petitioners shall be 
 granted ; and if such prayer is granted shall determine at 
 what place or places a depot or station shall be erected, or 
 maintained if erected, and whether for passengers or for pas- 
 sengers and freight. 
 The oommis- Sect. 2. It shall be the duty of said commissioners to de- 
 
 sioners to desig- 
 nate the site signate the site and what kind of buildings shall be erected 
 
 aiidwhatMnd ^ j maintained, as the case may seem to demand, and the 
 
 of depot shall be ' •' ' 
 
 built. time in which said corporation shall comply with said order. 
 
 Pro din if Sect. 3. If Said railroad corporation refuse or neglect to 
 
 the railroad cor- couiply with the Order of said commissioners within the time 
 
 poration refuse .i n ,i . ^^ . . i ti /» i. 
 
 to comply with prescribed therein, said commissioners shall eniorce a comph- 
 ance as provided in section seventy-five of chapter fifty-one of 
 the revised statutes of eighteen hundred and seventy-one, in 
 relation to making repairs of railroads. 
 
 Sect. 4. In all cases heard before the commissioners under ' 
 
 Payment of ^jjg provisions of this act, the expenses and costs attending the 
 
 costs of hearing ^ ' '^ " 
 
 the petitioners. Same, including the compensation of the commissioners, shall 
 be paid by the railroad corporation against whom the com- 
 plaint is made, if the prayer of the petitioners is granted, and 
 in case the prayer of the petitioners is denied such costs and 
 compensation shall be paid by the petitioners. If the party 
 or parties against whom costs are adjudged as aforesaid shall 
 refuse or neglect to pay the same within thirty days after such 
 adjudication, upon complaint for such costs made by said 
 commissioners to any one of the justices of the supreme judi- 
 cial court, such justice may cause execution to issue therefor. 
 Sect. 5. This act shall take effect when approved. Ap- 
 proved February 'ii^, 1871. 
 
 the order of the 
 
 commissioners. 
 
GENBRAJL RAILROAD LAWS. 667 
 
 LAWS OF 1871, CHAP. 218. 
 
 An act relating to fencing railroads. 
 
 Be it enacted, c&c. Sect. 1. Whenever any railroad finish- 
 ed and in operation is not fenced or its fences need repair, I'enaity for ne- 
 
 ^ ^ ' gleet by a rail- 
 
 shall neglect to make or repair the same for ten days after road company 
 
 .,. J.. u J -i.! i-ii, J. i. to keep its road 
 
 written notice by any person served on either oi the directors, fenoedT 
 the superintendent, or treasurer thereof, said corporation shall 
 forfeit to the person giving said notice one hundred dollars, 
 and shall be liable for all damages to any person on account 
 of such neglect after ten days' notice as aforesaid. 
 
 Sect. 2. The twenty-first section of chapter fifty-one of the fi^.s.'r^eai- 
 revised statutes is hereby repealed. ed. 
 
 Sect. 3. This act shall take effect when approved. Ap- 
 proved February 25, 1871. 
 
 LAWS OF 1871, CHAP. 219. 
 
 An act authorizing any railroad company to locate and construct branches 
 in the towns through which it passes. 
 
 Be it enacted, c&c. Sect. 1. Any railway corporation is EaUroadcom- 
 
 hereby authorized to locate, under the direction of the railroad ?^f aithor- 
 
 ^ ' ized to con- 
 
 commissioners, construct and maintain branch railroad tracks struct branch 
 
 to any mills or manufacturing establishments now or hereafter to mm and 
 
 erected in any town or township, but not within the limits of inan"fi<«t"™ig 
 
 •^ ■*■ establisbments. 
 
 any city without the consent of the city council of said city 
 through which the main line of said railroad is or may be con- 
 structed, and for that purpose shall have all the powers and 
 rights granted, and be subject to all the duties imposed upon 
 said corporation by its charter. 
 
 Sect. 2. This act shall take efifect when approved. Aj)- 
 proved February 25, 1871. 
 
 LAWS OF 1871, CHAP. 223. 
 
 An act regulating railroad corporations. 
 
 Be it enacted, c&c. Sect. 1. No railroad company shall 
 limit the right of a ticket holder to any given train, but such 
 ticket holder shall have the right to travel on any train, for six years 
 whether regular or express train, and shall have the privilege ^ed!' ^°^^^ 
 
 Tickets over 
 railroads good . 
 
668 GENERAL EAILROAD LAWS. 
 
 of stopping at any of the stations along the line of the road at 
 Does not apply which such trains stop ; and such ticket shall be good for a 
 
 to excursion ' '■ / ° 
 
 tickets. passage as above for six years from the day it was first used. 
 
 See chap. 105, gjjcT. 2. This act shall take effect when approved. Ap- 
 
 lawsofl873. rr J- 
 
 proved February 25, 1871. 
 
 LAWS OP 1872, CHAP. 25. 
 An act relative to railroads . 
 Be it enacted, &c. No railroad having established its 
 
 business upon a line shall substantially deviate from the track 
 
 Any stockhold- 
 er in a railroad 
 
 Prohibition 
 against change 
 
 ofiocationof as Originally built and used without the consent of the legis- 
 or refusal to ^ laturc, and no railroad having established its business as afore- 
 operateroad. gaid shall cease to run its trains and operate its road, so long 
 as said railroad company shall pay dividends to its stock- 
 holders from its earnings ; but this act shall not be construed 
 as a permission to any railroad company to cease operating its 
 road or running its trains. Approved February 23, 1872. 
 
 LAWS OF 1872, CHAP. 28. 
 
 An act concerning railroads. 
 
 Be it enacted, c&c. Any stockholder, or representative of 
 any stockholder, in any railroad company shall have power to 
 company meet- call for a stock votc of such company at any meeting of the 
 a stock vote. Stockholders of such company, on any question that may be 
 legally before such meeting, anything in the charter or by- 
 laws of such company to the contrary notwithstanding. Ap- 
 proved February 23, 1872. 
 
 LAWS OF 1872, CHAP. 32. 
 
 An act additional respecting railroads, relating to location and construe 
 tion near depots of other railroads. 
 
 Be it enacted, <&c. Sect. 1. No railroad company shall 
 Location of rau- construct or maintain any track, or run any engines or cars 
 depot'ofMwther °^ ^^^ Street or highway so near any depot of any other rail- 
 company, road as to endanger the safe and convenient access to and use 
 of such depot for ordinary depot purposes. 
 
 Sect. 2. No railroad company shall take the grounds occu- 
 pied by any other railroad company and necessary for its use 
 
GENERAL KAILROAD LAWS. 669 
 
 for depot purposes, without the consent of such company. Proceedings 
 When application is made to take any such grounds, the rail- company de- 
 road commissioners, upon notice and hearing thereon, shall 8>™b to locate 
 
 ' ■*- o 7 upon grounds 
 
 determine whether the land proposed to be taken is necessary occupied by 
 
 f. .T , iiii IT. .J . another com- 
 
 as aioresaid or not, and whether any public necessity requires p^^^y 
 
 it to be taken. 
 
 Sect. 3. AH acts and parts of act? inconsistent with this act 
 are so modified as to render them consistent therewith. 
 
 Sect. 4. This act shall take effect when approved. Ap- 
 proved February 24, 1872. 
 
 LAWS OF 1872, CHAP. 40. 
 
 An act to amend section sixteen of chapter fifty-one of the revised 
 statutes relating to railroad crossings. 
 
 Be it enacted, <&c. Section sixteen of chapter fifty-one of 
 the revised statutes is amended to read as follows : sect. 16, reiat- 
 
 "Sbct. 16. A railroad may be carried over or under a canal "gtotj^ec^ss- 
 
 ■^ of a railroad or 
 
 or railroad in such manner as not unnecessarily to impede the canaibyaraii- 
 travel or transportation of them. The corporation making ' 
 such crossing is liable for damages occasioned by it in an ac- 
 tion on the case. Bridges and their abutments constructSd 
 for a crossing of any way, are to be kept in repair by the cor- ^^p^^'o*' 
 poration, or persons or parties running trains on any railroad abutments for 
 crossing a highway or town way. The municipal ofiicers of '"'''^'"'S^' 
 any city or town may give notice in writing to such persons, 
 parties or corporations that a bridge required at such crossing 
 has not been erected, or is out of repair and not safe and con- 
 venient, within the requirements of section forty, chapter eigh- 
 teen of the revise! statutes, or that the crossing of any such 
 highway or town way passing such railroad at grade within 
 their respective cities or towns is not made or maintained safe 
 and convenient .as required by section forty aforesaid ; and it 
 shall be the duty of such persons, parties or corporations to 
 erect or repair such bridge, or make such crossing safe and 
 convenient as aforesaid, within ten days from the service of 
 said notice; and if they neglect so to do, any one of said 
 municipal ofiicers may apply to any justice of the supreme 
 judicial court, in term time or vacation, to compel such per- 
 
670 
 
 GENERAL RAILROAD LAWS. 
 
 Kailroad cor- 
 porations au- 
 thorized to take 
 lands tbr bor- 
 row and gravel 
 pits. 
 
 Bailroad cor- 
 porations au- 
 thorized to es- 
 tablish fares 
 and tolls, sub- 
 ject to revision 
 and alteration 
 by the legisla- 
 ture. 
 
 Appeal from 
 decision of 
 county commis- 
 sioners by par- 
 ties aggrieved, 
 when made. 
 
 sons, parties or corporations to erect or repair such bridge or 
 make such crossing as aforesaid; and after hearing, such justice 
 or court may make any order thereon the public convenience 
 and safety may require, and compel the respondents to comply 
 therewith by injunction." Approved February 27, 1872. 
 
 LAWS OF 1872, CHAP. 70. 
 
 An act authorizing railroad corporations to take lands for borrow and 
 
 gravel pits. 
 
 Be it enacted, c&c. Any railroad corporation may pur- 
 chase or take and hold, as for public uses, land and the mate- 
 rials thereon ; for borrow or gravel pits, for the construction 
 and repair of its road, in the manner and under the restric- 
 tions provided in chapter fifty-one, sections two and three of 
 the revised statutes. Approved February 29, 1872. 
 
 LAWS OF 1872, CHAP. 84. 
 
 An act concerning railroad corporations. 
 
 Be it enacted, c&c. Any railroad corporation may estab- 
 lish for its sole benefit, fares, tolls and charges, upon all pas- 
 sengers and property, conveyed and transported on its rail- 
 road, at such rates as may be determined by the directors 
 thereof, and may from time to time by its directors regulate 
 the use of its road; provided, that such rates of fares, tolls 
 and charges, and regulations shall at all times be subject to 
 revision and alteration by the legislature, or such officers or 
 persons as the legislature may appoint for the purpose, any- 
 thing in the charter of any such railroad corporation to the 
 contrary notwithstanding. Approved February 29, 1872. 
 
 LAWS OF 1873, CHAP. 95. 
 
 An act relating to damages for land taken for railroad purposes. 
 
 Be it enacted, c&c. Any person aggrieved by the decision 
 or judgment of the county commissioners in relation to dam- 
 ages for land taken for railroad purposes, may appeal there- 
 from to the next term of the supreme judicial court which 
 shall first be holden in the county where the land is situated, 
 more than thirty days from and after the day when the report 
 
GENERAL RAILROAD LAWS. 671 
 
 of the commissioners estimating said damages is made, exclu- 
 ding the day of the commencement of the session of said 
 court, which court shall determine the same by a com- 
 mittee of reference if the parties so agree, or by a verdict determined. 
 of its jury, and shall render judgment and issue execution for 
 the damages recovered with costs to the party prevailing in 
 the appeal. The appellants shall serve written notice of such 
 appeal upon, the railroad company fourteen days at least be- peai, how made, 
 fore the session of said court, and shall at the first term file a 
 complaint setting forth substantially the facts of the case. 
 
 ° Bxceutionsto 
 
 On the trial, exceptions maybe taken to the ruling ot the ruling may be 
 court as in other cases. A'pproved February 11, 1873. '*''"^"' 
 
 LAWS OF 1873, CHAP. 105. 
 
 An act to amend section one, chapter two hundred and twenty-three, of 
 the public laws of eighteen hnudred and seventy-one relating to fares 
 on railroads. 
 
 Be it enacted, dec. Sect. 1. The provisions of section one, 
 chapter two hundred and twenty-three of the public laws of retutrti^ets. 
 eighteen hundred and seventy-one, shall not apply to excur- 
 sion tickets sold for a less price than the regular fare. 
 
 Sect. 2. This act shall take effect when a]jproved. Ap- 
 proved February 19, 1873. 
 
 LAWS OF 1873, CHAP. 108. 
 
 An act to amend chapter one hundred and eighteen, section six of the 
 revised statutes, relative to the penalty for placing obstructions on 
 railroads. 
 
 Be it enacted, (&c. That chapter one hundred and eigh- see law of i846, 
 teen, section six, of the revised statutes, be amended in the <='!»»• i^^- sects. 
 
 1, 2, 3. 
 
 second line by inserting after the words "any part of" the 
 words, "an engine, car, signal," and in the sixth line by chang- 
 ing the word "second" to "first," and in the eighth line by 
 changing the word "thirty" to "sixty," and in the ninth line 
 after the words "hard labor" so change as to read "during life 
 or for a term of years," so that said section when amended 
 shall read as follows : 
 
 "Sect. 6. Whoever vsilfully and maliciously displaces a 
 
672 
 
 GENERAL RAILROAD LAWS. 
 
 Penalty for de- 
 stroying human 
 life by obstruct- 
 ing railroads. 
 
 —for endanger- 
 ing human life, 
 &c., by ob- 
 structing rail- 
 roads. 
 
 Penalty for in- 
 juring railroad 
 fences, &c. 
 
 Gambling on 
 railroads, pro- 
 hibited. 
 
 switch or rail, disturbs, injures or destroys any part of an 
 engine, car, signal, track or bridge of any railroad, or places 
 any obstruction thereon with intent that any person or prop- 
 erty passing on the same should be thereby injured, and 
 human life is thereby destroyed, shall be deemed guilty of 
 murder in the first degree and punished accordingly. If 
 human life is thereby endangered and not destroyed, or 
 property is injured, he shall be punished by solitary confine- 
 ment not more than sixty days, and afterwards by imprison- 
 ment and hard labor during life or for a period of not less 
 than ten years." Approved February 21, 1873. 
 
 , LAWS OF 1873, CHAP. 126. 
 An act to prevent injury to railroad fences or property. 
 
 Be it enacted, c&c. Sect. 1. Any person who shall take 
 down or intentionally injure any railroad fence, which has 
 been erected to protect tiie line of any railroad in this State, 
 or shall turn any horse, cattle or other animals, upon or with- 
 in the enclosures of said railroads, shall, upon complaint and 
 conviction thereof, before any court of competent jurisdiction, 
 be fined not less than ten nor more than one hundred dollars, 
 to be paid into the treasury of the county wherein the offence 
 was committed, or imprisoned not less than ten days or more 
 than six months, in the jail of said county at the discretion 
 of said court. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 24, 1873. 
 
 LAWS OF 1874, CHAP. 158. 
 
 An act additional to chapter one hundred and five of the revised statutes, 
 relating to gambling in railroad cars. 
 
 Be it enacted, dec. Sect. 1. Whoever within the State of 
 Maine, upon any railroad train or in any railroad car, or upon 
 any steamboat, gambles, or bets upon any person gambling, 
 shall be punished by fine not less than one hundred dollars, or 
 by imprisonment not less than three months, or both, at the 
 discretion of the court. 
 
 Sect. 2. Every conductor or any other person having 
 
GENERAL RAILROAD LAWS. 673 
 
 charge of any railroad train, is hereby authorized and required 
 
 to arrest or cause to be arrested any person or persons e;am- •J*"i''''ng "n 
 
 ■' ■■■ inn railroaa8,(par- 
 
 bling on his train, and retain them in his custody till a war- ties to bear- 
 
 rBstjfid 
 
 rant can be procured from the proper authorities, and is here- 
 by empowered to call upon and employ all necessary aids to 
 make such arrests and detain the accused. 
 
 Sect. 3. A copy of this act shall be conspicuously posted in copy of tMs act 
 every saloon and palace car used on any railroad in this State, carslnd^on '" 
 and in every steamboat doing any business in this State. steamboats. 
 
 Sect. 4. Any railroad company, steamboat company or the 
 proprietors of any steamboat, refusing or neglecting to com- penalty for 
 ply with the provisions of section three of this act, shall for- ""'^ti""- 
 feit for each offence the sum of one hundred dollars, to be 
 recovered by indictment in any county in which said railroad 
 company runs trains or the steamboat does business. 
 
 Sect. 5. This act shall take effect when approved. Ap- 
 proved February 10, 1874. 
 
 LAWS OF 1874, CHAP. 164. 
 
 An act to amend section forty-two of chapter fifty-one, revised statutes, 
 . relating to the stopping of railroad trains at crossings. 
 
 Be it enacted, die. Section forty-two of chapter fifty-one, 
 revised statutes, is amended by striking out the words "one 
 
 „,,,.'. , Sect. 42, chap. 
 
 hundred and fifty, and msertmg instead thereof, the words; si.K.s.amena- 
 
 "five hundred," so that said section shall read as follows: mentof. 
 
 "When a railroad crosses another railroad on same grade, 
 every engineman on both, when approa,ching the point of 
 
 intersection, with an engine with or without a train, shall stop KegniatioM at 
 
 his engine within five hundred feet of such point and before ™'™^ ^los^- 
 
 " '■ ings. 
 
 reaching it, and shall not pass it at a rate exceeding eight miles 
 an hour, except when from the condition of the track or train 
 it shall be necessary to run at greater speed, and in that case 
 the conduotor or person in charge of the train shall cause 
 some person to stand at said crossing, with a flag by day and 
 a lantern by nia;ht, to warn trains approaching on the other signals to wa«iK 
 
 •> ^ ' _ •- ^ , approaching; 
 
 road ; but when two or more crossings on the same road are trains, 
 within four hundred feet of each other one stop will be suffi- 
 cient ; and if he violates this provision he shall forfeit, for each 
 
674 
 
 GENERAL RAILROAD LAWS. 
 
 Penalty for 
 Tiolatioii. 
 
 offence, one hundred dollars, and the corporation on whose 
 road the offence is committed shall forfeit two hundred dol- 
 lars." Approved February 17, 1874. 
 
 Sect. 18, ch. 51, 
 R. S., amend- 
 ment of. 
 
 Gates at rail- 
 toad crossings 
 to be erected, if 
 required by 
 towns. 
 
 Neglect or re- 
 fosal, proceed- 
 ings in case of. 
 
 Railroads ne- 
 glecting to run 
 trains. 
 
 i'etition to 
 ! supreme court. 
 
 LAWS OF 1874, CHAP. 189. 
 
 An act to amend section eighteen of chapter fifty-one of the revised 
 statutes, relating to gates on highways crossed by railroads. 
 
 Be it enacted, c&c. Sect. 1. Section eighteen of chapter 
 fifty-one, of the revised statutes, is hereby amended by striking 
 out the word "railroad," in the second line, and inserting the 
 word "way," and by striking out the words "crossing a way," 
 in the third line, and inserting the words "is crossed by a rail- 
 road," so that said section as amended shall read as follows : 
 
 "Sect. 18. When the municipal officers of a town deem it 
 necessary for public safety that gates should be erected across 
 a way where it is crossed by a railroad, and that a person 
 should be appointed to open and close them, they may, in 
 writing, request it to be done ; and in case of neglect or re- 
 fusal they may apply to the county commissioners to decide 
 upon its reasonableness, who after notice and hearing, are to 
 decide. When they decide that such a request is reasonable, 
 the corporation is to comply with it and pay the costs. When 
 they decide otherwise the costs are to be paid by the appli- 
 cants." 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 24, 1874. 
 
 LAWS OF 1874, CHAP. 204. 
 
 An act additional to chapter flfty-one of the revised statutes relating to 
 
 railroads. 
 
 Be it enacted, c&c. Sect. 1. Whenever any railroad cor- 
 poration within this State which has commenced receiving 
 tolls, has or shall hereafter neglect or refuse to regularly run 
 trains upon and operate its road for the transportation of pas- 
 sengers and freight for the space of sixty days at any one time, 
 the railroad commissioners of this State, or any ten citizens 
 residing in any county through which said railroad extends, 
 may petition the supreme judicial court in any county through 
 
GENERAL EAILEOAD LAWS. 675 
 
 which such railroad extends, setting forth therein such neglect 
 and refusal to so run trains and operate its road ; which peti- 
 tion, before entry in court, may be presented to any justice of 
 the court in term time or vacation, who shall order not less 
 
 . Order of notice. 
 
 than lourteen days notice thereon to be served on such cor- i 
 
 poration. The petitioners shall give written notice to the Notice to be 
 attorney general or the county attorney of the county in neygen'erai'or 
 which said petition is filed, of the filing thereof, one of whom county attor- 
 shall appear and take charge of the proceedings in court. 
 The court shall appoint a hearing, and at or after said hear- 
 ing, if the allegations in such petition are found to be true, court appoint a 
 and if in the opinion of the court public necessity and conven- *""'^' 
 ience require it, shall appoint some suitable person or persons 
 or some other railroad corporation, a receiver or receivers, to 
 take possession and control of said railroad, together with all Eeceivers Bhaii 
 corporation property belonging to the same, and require such * fPP"° 
 receiver or receivers to give bond to said railroad corporation _^ j^^ ^^^^^ 
 in a reasonable sum, with sureties satisfactory to the court, for 
 the faithful discharge of his or theii* trust, also to determine 
 the compensation of such receiver or receivers. 
 
 Sect. 2. Such receiver or receivers as soon as he or they 
 have given the required bond shall give notice of his or their appointment, 
 appointment by publishing the same three weeks successively 
 in one newspaper printed in each county through which said 
 road extends, and shall immediately take possession and con- 
 trol of said railroad, aU its rolling stock, depots, together with 
 all appendages belonging to the same, and necessary for the 
 convenient use of the same, and shall diligently proceed to 
 repair and refurnish said railroad, its rolling stock and other 
 appendages, and run and operate the same for the accommo- 
 dation of the public. Said receiver or receivers shall have the 
 same authority to demand and receive tolls and otherwise 
 manage said railroad and be subject to the same restrictions as 
 are conferred and enjoined by the charter of said railroad upon 
 its original corporators, and as is now or may hereafter be pro- 
 vided by law. 
 
 Sect. 3. In case said railroad, its track, bridges, rolling 
 stock, and other appendages, shall be found to be so out of 
 
 —duties of. 
 
 — autliority of. 
 
676 GENERAL KAILEOAD LAWS. 
 
 Eeceivers repair, Or insufficient in amount to safely or successfully oper- 
 
 authorized to ^^^ |j^g Same, and the earnings are not sufficient to repair said 
 
 raise money by ' ^ ^ 
 
 loan to repair railroad, its track, bridges, rolling stock, and other appendages, 
 or rebuild or refurnish the same, said receiver, or receivers, is, 
 and are hereby authorized to raise, by loan, a sufficient sum 
 of money, not exceeding five thousand dollars per mile, to so 
 repair, rebuild or refurnish said railroad, its track, bridges, roll- 
 ing stock and other appendages, said loan to bear a reasonable 
 rate of interest, not exceeding eight per cent., payable semi- 
 annually, and the principal payable within twenty years. A 
 lien is hereby created on the franchise and all the property, 
 real and peasonal, road, roadbed, track, depots, buildings, and 
 payment of equipment, pertaining to and constituting said railroad, for the 
 '''*°' payment of the principal and interest of said loan. Said loan, 
 
 secured by this lien, shall take precedence over any and all 
 mortgages, bonds, stock, or other title or claim of indebtedness 
 of any kind whatsoever, then existing or hereafter created on 
 said railroad. 
 
 Sect. 4. Any judge of the supreme judicial court sitting in 
 EaUroad re- tlie connty where the original petition was filed, on petition 
 ralion oncer-"' of Said railroad corporation or the owners of the same, and 
 tain conditions, after reasonable notice to such receiver or receivers, may re- 
 voke his or their authority and restore the possession and con- 
 trol of said railroad to said railroad corporation or its owners, 
 by their paying the principal and interest of the aforesaid loan 
 then existing, together with such sum of money due said re- 
 ceive^ for his or their personal services, together with all 
 expenses incurred in operating and repairing said railroad and 
 its appendages during his continuance in his said capacity, over 
 and above the earnings of the same ; provided, however, said 
 railroad corporation or its owners shall give bond to the State 
 givetondto ii such sum as the court may order, with sureties satisfactory 
 state to keep ^^ j^^ court, conditioned that such railroad corporation or its 
 
 railroad in ^ ^ *■ 
 
 repair. owners thus Seeking to receive possession shall operate and 
 
 keep in repair said railroad, its rolling stock, and other ap- 
 pendages to the satisfaction of the railroad commissioners, for 
 the term of five years next following said order. 
 
 Sect. 5. In case said receiver or receivers and said railroad 
 
 Proviso. 
 
office of receiv- 
 ers, how- filled. 
 
 GENERAL RAILROAD LAWS. 677 
 
 corporation or owners are unable to agree upon the amount in case of disa- 
 
 j . , . • £■ -J -1 1 i- greement, rail- 
 
 due said receiver or receivers irom said railroad corporation joad commis- 
 or its owners, it shall be referred by order of court to the de- ^^°J^^" '° ^^- 
 
 ^ ^ Clue amount 
 
 termination of the railroad commissioners, and whose decision due receivers. 
 made to said court and accepted shall be final in the premises, 
 and in no case shall said railroad corporation or its owners 
 receive possession and control of said railroad until said receiv- 
 er or receivers are paid or tendered the full amount due him 
 or them, as aforesaid, except by his or their written consent. 
 
 Sect. 6. The court shall have power and is hereby author- vacancies 
 ized to fill any or all vacancies that may occur by death or 
 resignation in said office of received, also at the time of appoint- 
 ing said receiver or receivers or at any subsequent time during 
 his or their continuing in said capacity, to issue all orders or 
 decrees necessary to aid such receiver or receivers in the full 
 and faithful discharge of his or their said trust, and to cause 
 the same to be promptly enforced. 
 
 Sect. 7. All questions of law arising under the provisions 
 
 . Questions of 
 
 01 this act shall on motion of either party be at once certified law, how 
 by the presiding justice and transmitted to the chief justice, '1®'^™'°^- 
 be argued in writing by both sides within thirty days there 
 after, be considered and decided by the justices of said court 
 as soon as may be, and the decision thereon certified to the 
 clerk of courts of the county where the case is pending, and 
 judgment made up as of the term next preceding the time of 
 receiving the certificate. 
 
 Sect. 8. This act shall take effect when approved. Ap- 
 proved February 28, 1874. 
 
 LAWS OF 1874, CHAP. 218. 
 
 An act amendatory of and additional to chapter fifty-one of the re-rised 
 statutes concerning railroads. 
 
 Be it enacted, &c. Sect. 1. Section thirty of chapter fifty- g-^^ ^ ^^^ 
 one of the revised statutes is amended so as to read as follows : bi, e. s., 
 
 "Sect. 30. Every railroad corporation shall make an annual Report of rail-' 
 report to the railroad commissioners on or before December ^<"«i corora- 
 
 ^ tions to c^m- 
 
 first, of its operationsfor each year en ding September thirtieth, missioners, 
 to be verified bv the oath of its treasurer. It is to state : U" *° "^ 
 
67.8 
 
 GENERAL RAILEOAD LAWS. 
 
 length of road, 
 —doable or sin- 
 gle track and 
 liow laid. 
 
 Capital stock 
 and cost of 
 road. 
 
 Amount of 
 Indebtedness. 
 Number of pas- 
 senger, freight 
 and mixed 
 trains. 
 
 Average num- 
 ber of passen- 
 gers. 
 
 —tons fteight. 
 
 Passengers and 
 fare. 
 
 Freight. 
 
 Receipts ftom 
 passengers 
 along the line. 
 — from passen- 
 gers brought to 
 road. 
 
 Amount of 
 receipts. 
 
 Depots, &c. 
 
 Hiles run by 
 
 trains. 
 
 Kate of speed. 
 
 Number of 
 
 stockholders. 
 
 Dividends. 
 Depreciation. 
 Persons injured. 
 Cause of iijury. 
 
 first, the length of the road in operation, the length of single 
 track, the length of double track, the length of sidings and of 
 spur tracks, the time when laid, the length laid with steel rails, 
 the weight of rail per yard, the length laid with fished joints 
 and of what sort, the length laid in chair joints, and the length 
 laid with Whitman's improved cross-ties; second, the capital 
 stock, and the amount called and paid in ; third, the whole 
 cost of the road, showing the amount expended in the pur- 
 chase of lands, for grading, for masonry, for bridging, for iron, 
 for expenses of engineering, for passenger cars, for freight and 
 other cars, for locomotives, and for the total expense of equip- 
 jnent ; fourth, the amount a/nd nature of its indebtedness and 
 its dues ; fifth, the whole cost of operating ; sixth, number of 
 passenger trains dui-ing the yea,r ; seventh, number of freight 
 trains during the year ; eighth, number of mixed trains dur- 
 ing the year ; ninth, average number of passengers per train ; 
 tenth, average number of tons of freight per train ; eleventh, 
 the number of through and way passengers and rates of 
 fare ; twelfth, average receipts per passenger per mile ; thir- 
 teenth, average receipts per ton of freight per mile; four- 
 teenth, the number of through and way passengers and the 
 rates of fare ; fifteenth, the amount of receipts from passengers 
 and freight originating along the line of the road ; sixteenth, 
 the amount of receipts from passengers and freight brought to 
 the road by other railroads ; seventeenth, the amount received 
 for the transportation of passengers, of property, of the mails, 
 and from other sources ; eighteenth, the number of depots, 
 engine houses, engines and cars of their several sort ; nine- 
 teenth, the number of miles run by passenger, freight, mixed 
 and other trains respectively, and the average rate of and 
 speed of each ; twentieth, the whole number of stockholders 
 and the number who reside in this State ; twenty-first, the 
 amount of each dividend and when made ; twenty-second, the 
 amount charged for depreciation of road and other property ; 
 twenty-third, the number of persons injured in life or limb, the 
 cause of injury, and whether passengers, or persons employed ; 
 twenty-fourth, whether. any such accident arose from careless- 
 ness or negligence of any person in the employ of the corpora- 
 
GENERAL EAILEOAD LAWS. 679 
 
 tion, and whether such person is retained in its service ; 
 twenty-fifth, the number of employees of every sort, and the Employees and 
 average pay of each of the following grades ; conductors, bag- 
 gage masters, station agents, switch-men, engine drivers, fire- 
 men, brakemen, foremen of track sections. If any railroad penalty for neg- 
 company neglect to make such report, it forfeits one thousand ^^°^^^' 
 dollars ; and it shall be the duty of the attorney general to 
 prosecute for the recovery of the same upon complaint thereof 
 made to him, and the same shall be published in the annual 
 report of the railroad commissioners." 
 
 Sect. 2. "When in the opinion of the railroad commissioners 
 
 . n .1 Passenger 
 
 the passage of passenger trains over any portion oi any rail- trains proUbit- 
 road by passenger trains would be attended with imminent ^ *'"" "^T, 
 
 ■' J^ ° ningoverrau- 
 
 danger, they may notify the president or superintendent of roads when 
 such road of such unsafe condition of said portion of said road ' • 
 
 and order the immediate stopping of all passenger trains about 
 to run over the same. In case said order is not obeyed said 
 commissioners shall at once apply to some judge of the 
 supreme judicial court, who may, upon satisfactory proof of 
 the necessity for such order, and without notice to said com- 
 pany, issue an injunction prohibiting the running of passenger 
 trains over said road until further order of the court. Ap- 
 proved March 3, 1874. 
 
 LAWS OF 1874, CHAP. 258. 
 An act relating to taxation of railroad companies. 
 
 JBe it enacted, &c. Sect. 1. Every railroad company, in- 
 corporated under the laws of this State, or doing business Ketumofraii- 
 therein, shall annually, between the first and fifteenth days ™*<i'=™pa"««- 
 
 ' n . Additional, 
 
 of April, return to the secretary of State under the oath of its is75, chaps, le, 
 treasurer, the amount of the capital stock of the corporation, ^^' 
 the number aud par value of the shares, and a complete list of 
 its shareholders, with their places of residence and the number 
 of shares belonging to each on said first day of April. The -<» contain 
 returns shall also contain a statement of the whole length of and assessed 
 its line, the length of so much of its line as is within the State, ™^"« of depots, 
 and the assessed value in each town of its depots and other 
 property taxed by municipalities. 
 
680 
 
 • GENERAL RAILROAD LAWS. 
 
 Valuation of 
 corporate fran- 
 chise, how de- 
 termined. 
 
 —property sub- 
 ject to local 
 taxation to be 
 deducted. 
 
 —when rail- 
 roads extend 
 beyond limits 
 of the State, 
 how determin- 
 ed. 
 
 Tax, rate of. 
 
 —how assessed. 
 
 —to be certified 
 to State treas- 
 urer. 
 
 —notice of, to 
 companies, 
 —in lieu of all 
 other taxes. 
 
 — when to be 
 paid. 
 
 Neglect to 
 make returns, 
 penalty tor. 
 
 — in case of, 
 assessment bow 
 made. 
 
 Assessment, no 
 appeal tiom. 
 
 Sect. 2. The governor and council shall ascertain the true 
 market value of the shares of each railroad corporation in this 
 State, and shall estimate therefrom the fair caSh valuation of all 
 of said shares, constituting the capital stock of such corporation 
 on the fii-st day of April next preceding, which shall be taken 
 as the true value of its corporate franchise for the purposes of 
 this act. From this valuation shall be deducted the value of 
 the real estate and other property of the corporation which is 
 actually subjected to local taxation, as ascertained from the 
 returns or otherwise ; and in the case of railroad companies 
 the lines of which extend beyond the limits of this State, there 
 shall also be deducted such portion of the whole valuation of 
 their capital stock ascertained as aforesaid, as is proportional 
 to the length of that part of their lines lying without this State. 
 
 Sect. 3. Every railroad corporation embraced in section 
 one of this act, shall annually pay a tax of one and one-half 
 per cent, upon its corporate franchise, as determined in the 
 preceding section. Such tax shall be assessed by the governor 
 and council on or before the first day of May of each year ; 
 and upon such assessment being made, the secretary of State 
 shall certify the same to the State treasurer, who shall there- 
 upon notify the several companies thereof, and the tax so 
 assessed shall be in lieu of all taxes on shares in the said rail- 
 road corporation as heretofore required by law, and no tax 
 shall be assessed by municipal authorities on any shares therein 
 for municipal or other purposes. Said tax to be paid, one-half 
 on or before the first day of July then next, and one-half on 
 or before the first day of January then next. Any corpora- 
 tion neglecting to make returns according to provisions of this 
 act, shall forfeit fifty dollars per day for every day's neglect 
 so to do, to be recovered by an action of debt, brought in the 
 name of the State ; and in case of such neglect, the governor 
 and council shall proceed to make the assessment of tax pre- 
 scribed herein, on such valuation as they may think just, with 
 such evidence as they may be able to obtain ; and from such 
 assessment there shall exist no right of appeal on the part of 
 the company failing to make the returns as aforesaid. And if 
 any corporation fails to pay the tax required by this act, the 
 
GENEKAL RAILROAD LAWS. 681 
 
 State treasurer may forthwith commence an action of contract, Non-payment 
 
 •' J? 1 •i.i, of tax, proceed- 
 
 in tlie name of the State, for the recovery oi the same with ingg in case of. 
 
 interest. 
 
 Sect. 4. When such tax is paid, it shall be the duty of the 
 
 State treasurer to credit to each town in which shareholders portion of, to 
 
 resided on the first day of April preceding, such proportion of ^^^gl*"^ *° 
 
 said tax as the number of shares owned in said town bears to _remainderto 
 
 the whole number thereof, the remainder to be retained for te retained by 
 
 ' the State. 
 
 the use of the State. 
 
 Sect. 5. All acts and parts of acts inconsistent with the inconsistent 
 provisions' of this act are hereby repealed, and this act shall '^*^ repealed, 
 take effect when approved. Approved March 4, 1874. 
 
 LAWS OF 1874, CHAP. 259. 
 
 An act additional to chapter twenty-four of the revised statutes respect- 
 ing liability of railroads for paupers. 
 
 Be it enacted, &c. Sect. 1. Any railroad corporation or fj™^"ti„(a 
 steamboat company which brings into this State any pauper, this state by 
 knowing him to be such, shall cause the removal of any such steamboat to be 
 person which they are hereby authorized to do, provided, removed. 
 
 • Proviso 
 
 such persons shall be delivered on board a boat of said com- ndinent 
 pany, or at a depot of said corporation, by the overseers or isis, chap. «. 
 municipal officers, requesting such z4moval ; and in default 
 thereof, such corporation or company shall be liable in an 
 action of the case for the expense of the support of such per- 
 son after such refusal. Approved March 4, 1874. 
 
 LAWS OF 1875, CHAP. 15. 
 
 An act conferring additional powers upon the supreme judicial court, 
 relating to railroads. 
 
 Be it enacted, <&c. Sect. 1. That in all cases where any 
 foreign railroad company or railway company is or has been ^™ foreign 
 doing business in this State, as the lessee of any railroad, neg- pany, as lessees, 
 lects and refuses, or has neglected and refused, for the period .^a^elt, s^'j. 
 of sixty days after demand, to pay and discharge any judg- court may 
 ment recovered by any person against the company owning ment. 
 such leased road for any damages to the property of such per- 
 son by the doings, misdoings or neglects of such foreign com- 
 
682 
 
 GENERAL RAILROAD LAWS. 
 
 Action may be 
 maintained 
 against foreign 
 company in cer- 
 tain cases. 
 
 Additional 
 remedy to en- 
 force collection 
 of taxes. 
 
 Form of war- 
 rant. 
 
 pany, its agents or servants, and which judgment belongs in 
 equity to such foreign company to pay and discharge, the 
 supreme judicial court on petition, is hereby authorized and 
 empowered to compel payment thereof by such foreign corpo- 
 ration, and to make, pass and enforce aU necessary orders, 
 decrees and processes for the purpose. 
 
 Sect. 2. Be it further enacted, that in all cases in which 
 any such judgment has been or hereafter may be recovered, 
 and such foreign company has neglected or hereafter may 
 neglect, for the space of sixty days, to satisfy and pay such 
 judgment to such person, the judgment creditor msiiy have 
 and maintain an action upon the case against such foreign 
 company for recovery of the amount of such judgment with 
 interest and cost. Approved February 17, 1875. 
 
 LAWS OP 1871, CHAP. 16. 
 An act to enforce the collection of taxes upon railroad companies. 
 
 JBe it enacted, c&c. Sect. 1. In addition to the remedy 
 already provided for the collection of any tax assessed upon 
 any railroad corporation, or the stock thereof, agreeably to 
 chapter two hundred and fifty-eight of the public laws of 
 eighteen hundred and seventy-four, in case said tax is not paid 
 agreeably to the provisions thereof, the treasurer of the State 
 may issue his warrant for the collection of said tax, directed to 
 the sheriif of any county in the State. Said warrant shall 
 be in substance as follows: 
 
 A. B., treasurer of the State of Maine, to the sheriff of the 
 county of , Greeting : 
 
 Whereas, the governor and council of the State of Maine, 
 
 on the day of , assessed a tax of dollars 
 
 and cents upon the railroad company, and the 
 
 secreta.ry of State duly certified the same to the State treas- 
 urer ; and whereas, by force of the statute in such cases made 
 and provided, one-half of said tax was payable on or before 
 the first day of July then next ensuing, and one-half on or 
 before the first day of January then next ensuing ; and where- 
 as, the said railroad company has failed to pay the in- 
 stalment of said tax within the time required by law, and 
 
GENERAL EAILEOAD LAWS. 683 
 
 there now remains due upon said instalment the sum of 
 
 dollars arnd cents : You are hereby required, 
 
 in the name of the State of Maine, forthwith to distrain the 
 goods, chattels and franchise of said railroad company, to the , 
 amount of said unp-iid tax and costs of distraint; and the 
 distress so taken to keep for the space of four days at the cost 
 and charge of said railroad company; and if said railroad 
 company does not pay the said unpaid tax and costs of distraint 
 and keeping within the said four days, then you are to sell at 
 public vendue such distress for the payment thereof, with 
 charges of sale ; first giving forty-eight hours' notice of such 
 sale by posting up advertisements thereof in the city, town or 
 plantation where said distraint is made ; and the amount of said 
 unpaid tax you are forthwith to pay to the treasurer of the 
 State of Maine ; and the overplus arising by such sale, if any, 
 besides the said unpaid tax, costs of distraint and keeping, 
 and costs of sale, you are, within ten days from such sale, to 
 restore to the treasurer of said railroad company. 
 
 Hereof fail not, and make due return of this warrant, with 
 your doings thereon, to the treasurer of the State of Maine, 
 within ninety days from the date hereof. 
 
 Given under my hand this day of . 
 
 A. B., treasurer of the State of Maine. 
 
 Sect. 2. The sheriff to whom said warrant is directed shall 
 faithfully obey its directions. For the purposes of distraint what property 
 and sale on said warrant, the franchise, engine, cars, rolling 
 stock and other property used in operating said railroad, shall 
 be deemed goods and chattels. The sheriff to whom said 
 warrant is directed may serve the same in any county in the ^^o ™*y ^"^ 
 State. The goods and chattels seized by virtue of said war- 
 rant shall be held irrepleviable. No action shall be main- 
 tained against said officer for his doings by virtue of said'war- 
 rant, provided he faithfully obeys its directions, and acts in Property how 
 conformity to law in seizing and selling property by virtue 
 thereof. And any interest the sheriff who serves the warrant 
 may at any time have in the property distrained shall not dis- 
 qualify him from serving said warrant. 
 
 Sect. 3. If the railroad company deems said tax illegal, 
 
684 
 
 GENERAL RAILROAD LAWS. 
 
 Proceedings in 
 case tlie com- 
 pany deem tlie 
 tax illegal. 
 
 against the State treasurer, which action is hereby authorized 
 for the purpose of testing the legality of said tax to recover 
 back so much of said tax as may be decided to be illegal, with 
 interest and costs of suit ; and the writ may be by original sum- 
 mons, and be served by delivering to the State treasurer an 
 attested copy thereof. And said action may be brought in the 
 supreme judicial court, in any county in which said railroad 
 company has an established place of business. If the tax is vol- 
 untarily paid, the same remedy and proceedings may be had to 
 test the validity of said tax as in cases of distress. The State 
 treasruer shall notify the attorney general of the pendency of 
 any such suit, and it shall be his duty to defend it. And in 
 either case the judgment thus recovered, if any, against the 
 State treasurer, shall be forthwith certified by the clerk of the 
 court where said judgment is recovered, to the governor, and 
 thereupon the governor shall draw his warrant upon the treas- 
 urer of the State' for the amount of the judgment so recovered, 
 with interest from the date of the warrant. 
 
 Sect. 4. The warrant herein provided* for may be issued to 
 
 as 
 
 enforce the collection of taxes heretofore, assessed as well 
 
 Warrant may 
 be used to en- 
 force collection 
 
 of taxes hereto- taxes that shall hereafter be assessed. 
 
 Sect. 5. This act shall take effect when approved. 
 'proved February 13, 1875. 
 
 Ap- 
 
 Fences. 
 See laws of 
 1842, chap. 9, 
 sect. 6; 1853, 
 chap. 41, sects. 
 4 and 20; 1870, 
 
 LAWS OF 1875, CHAP. 17. 
 An act relating to fencing railroads . 
 
 Be it enacted, dec. Sect. 1. The owner of any inclosed or 
 improved land or wood lot belonging to a farm abutting upon 
 any railroad which is finished and in operation, may at any 
 time from the twentieth of April to the end of October in 
 each year, give written notice to the president, treasurer or to 
 chap. 126; 1875, either of the dlrcctors of the corporation owning, controlling 
 chap. 17. Qp operating such railroad, when such is the fact, that the line 
 
 fence against his said land has not been built, or if built, that the 
 same is defective and needs repair. And if, after receiving such 
 notice, said corporation shall neglect to build such fence or to 
 repair it, as the case may be, for a period of thirty days, it 
 shall forfeit to such owner the sum of one hundred dollars, 
 the same to be recovered in an action on the case. 
 
GENERAL RAILROAD LAWS. 685 
 
 Sect. 2. All acts and parts of acts inconsistent with the 
 provisions of this act are hereby repealed, and this act shall 
 be in force on and after its approval by the governor. Ap- 
 proved February 18, 1875. 
 
 LAWS OF 1875, CHAP. 19. 
 
 An act additional to chapter two hundred and fifty-eight of the public 
 laws of eighteen hundred and seventy-four, relating to taxation of 
 railroad companies. 
 
 Be it enacted, <&c. Sect. 1. The governor and council 
 are hereby authorized to abate any tax, or any part of a tax, Taxation of 
 assessed under chapter two hundred and fifty-eight of the raiiriuids, gov- 
 
 •J ^ • ernor and coup- 
 
 public laws of eighteen hundred and seventy-four, upon any cii may abate":' 
 railroad company incorporated under the laws of this State, 
 or doing business therein, when it shall appear to their satis- 
 faction, by any decision of the supreme judicial conrt of this 
 State, or of the supreme court of the United States, to be 
 hereafter made, that the tax so assessed, or any part thereof, 
 is illegally imposed. 
 
 Sect. 2. If any tax illegally imposed as aforesaid, shall 
 have been paid, the same shall be repaid with interest, and niegai tax paid, 
 
 , , , . „ , , to be refunded 
 
 the governor, with the advice of tlie council, may draw a war- with interest, 
 rant for the amount of the same, in favor of the corporation 
 entitled thereto, payable out of any money in the treasury not 
 otherwise appropriated. 
 
 Sect. 3. If any tax assessed as aforesaid, upon a valuation 
 determined by the first two sections of the act to which this 
 
 "^ _ ^ ExceseiTe valu- 
 
 is additional, shall, in the opinion of the governor and council, ationsmaybe 
 be excessive through any circumstantial error or mistake, or * ''** ' 
 by excessive valuation, the excess may be abated by the gov- 
 ernor and council within one year from the assessment there- 
 of, and the amount so abated shall be deducted from any un- 
 paid tax due from the corporation assessed : and if there shall 
 be no unpaid tax, the governor, with tlie advice of the council, 
 shall draw his warrant for the amount of the abatement, to be 
 paid from any money in the treasury not otherwise appropri- 
 ated; and when any like error or mistake, or omission shall 
 occur, whereby the tax assessed under said sections is less 
 
686 
 
 GENERAL EAILROAD LAWS. 
 
 Chap. 259 of 
 laws of 1874, 
 amende'l. 
 
 year aforesaid, and after notice to the corporation assessed, 
 and a hearing, or in default of an appearance by said corpora- 
 tion at the time and place appointed for a hearing, by a sup- 
 plementary assessment correct said error or mistake, or sup- 
 ply said omission ; and the tax thus assessed shall be paid at 
 such time as the governor and council may direct; and all 
 remedies provided by law to enforce the payment of the orig 
 inal tax shall ^pply to the collection of the supplementary tax. 
 Approved February 19, 1875. 
 
 LAWS OF 1875, CHAP. 41. 
 An act in relation to paupers. 
 
 Be it enacted, die. Sect. 1. Chapter two hundred and 
 fifty-nine of the public laws of eighteen hundred and seventy- 
 four, is hereb y amended so as to read as follows : 
 
 "Any common carrier that brings into this State any per- 
 son not having a settlement in the State, shall cause the 
 removal beyond the lines of the State, of any such person, if 
 he falls into distress within a year, which removal said com- 
 mon carriers are hereby autliorized to make : provided, such 
 person shall be delivered on board a boat or at a depot of 
 such common carrier, by the overseers or municipal officers 
 requesting such removal ; and in default thereof, such com- 
 mon carrier shall be liable in an action of assumpsit for tlie ex- 
 pense of the support of such person after such default." 
 
 Sect. 2. Sections thirty-nine, forty and forty-one, of chapter 
 twenty-four of the revised statutes, are hereby repealed. Ap- 
 proved February 24, 1875. 
 
 LAWS OF 1875, CHAP. 35. 
 An act relating to directors of railroads. 
 Be it enacted, die. Sect. 1. Whenever any city or town 
 
 When city or ' J J 
 
 town is entitled jn this State shall in its corporate capacity, hold one-fifth, or 
 a railroad. inorc, of the shares in the capital stock of any railroad incor- 
 
 porated by the legislature of this State, any citizen of such 
 city or town, being a freeholder and resident therein, shall be 
 eligible as a director of such railroad company. 
 
 Sect. 2. This act shall take effect when approved. Ap- 
 proved February 23, 1875. 
 
 Sections 39, 40 
 and 41 of chap. 
 24 of revised 
 statutes 
 repealed. 
 
DECISIONS OF THE SUPREME JUDICIAL 
 COURT. 
 
 The act incorporating the Bangor and Piscataquis Railroad Company 
 authorized them "to procure, purchase and hold in fee simple, improve 
 and use for all purposes of business, &c., lands, or other real estate, 
 and to manage &,nd dispose thereof, as they may see fit;" and provided, 
 "that the capital stock of said company may consist of $300,000, and 
 shall be divided into shares of $100 each, to be holden and considered as 
 personal estate." Real estate owned and used by the company as a rail- 
 road or as a depot is not subject to taxation, except as personal estate, 
 unless the legislature shall specifically prescribe differently. 
 
 B. & P. B. B. Co. V. Harris, 21 Me., 533. 
 
 A railroad company is not bound to maintain fences on the lines of 
 their roads, except vyhere the same passes through enclosed or improved 
 land. Perkins v. E. B. B. Co., 29 Me., 307. 
 
 If an injury to another's cattle happen (through want of such fences), 
 upon common and unenclosed land, it is not legally imputable to the neg- 
 ligence of the company. lb. 
 
 If cattle are wrongfully upon the adjoining close, and escape therefrom 
 upon the railroad and are injured, the railroad company are not liable. 
 
 lb. 
 
 Cattle are not presumed as lawfully going at large. There must be 
 proof that the town gave permission. lb. 
 
 Under a charter authorizing the construction of a railroad "to the 
 place of shipping lumber" on a tide-water river, the right of location is 
 not limited to the upland or to the shore ; but it may be extended across 
 the flats and over-tide water, to a point at which lumber may be conveni- 
 ently shipped. Peavey v. C. B. B. Co., 30 Me., 498. 
 
 After the time has expired within which a railroad company, by their 
 charter, were to complete their road, they have no authority to take addi- 
 tional lands for the extension of their road, except by consent of the 
 owner. lb. 
 
 The charter of the K. & P. Railroad Company provides a remedy for 
 the land owner to recover damage for the location and construction of the 
 track across his land, and the remedy thus provided is in exclusion of the 
 common law remedy. Mason v. K. & P. B. B. Co., 31 Me., 215. 
 
 The injury done to the owner, by the erection of an embankment upon 
 the site of the road, whereby the communication is destroyed between 
 parts of his land which lie upon opposite sides of the track, is to be 
 included in the damages. 7j. 
 
688 DEOisio:!TS op the supreme judicial court. 
 
 All action to recover damage for destroying such communioation, either 
 by taking the strip of the land for the site of the road or by the erection 
 of such embankment, proceeds not upon the ground that the land for the 
 road was illegally taken, but that the power granted by the charter had 
 been transcended or abused. It therefore presents no basis for a decision 
 as to the constitutionality of that power. lb. 
 
 County commissioners' appraisement of the damage done to an indi- 
 vidual by the location of a railroad across his land, may be revised by a 
 jury, as well upon the application of the railroad corporation as upon 
 that of the land owner. Kimball v. K. & P. B. B, Co., 35 Me., 255. 
 
 The compensation provided by statute for damages occasioned by the 
 location and construction of railroads, extends only to real estate and 
 materials taken. Sogers v. K. & P. B. B. Co., 35 Me., 319. 
 
 For damages indirectly resulting from the lawful acts of a chartered 
 corporation, the law affords no remedy. 
 
 ' lb. ; Whittier v. K. & P. B. B. Co., 38 Me., 26. 
 
 It is competent for the legislature to authorize permanent erections 
 across tide waters or any other navigable waters, although the navigation 
 may thereby be impaired. Bogers v. K. & P. B. B. Co., 85 Me., 319. 
 
 The charter of the K. & P. R. R. Co., with its additional enactments, 
 authorizes the erection of bridges and causeways across navigable water, 
 but requires them not to be built in such a manner as to prevent the nav- 
 igation of such water, or to occasion unreasonable detention thereon. 
 
 16. 
 
 For the damage occasioned by so erecting the structures as to prevent 
 such navigation, or to occasion such detention, the remedy is not by 
 application to the coimty commissioner, but by an action at law. 1 b. 
 
 By act of 1842, c. 9, railroad companies are made liable for injuries by 
 fire communicated by their locomotives to buildings or other property, 
 and may effect insurance thereon in their own behalf. 
 
 Chapman v. A. & St. L. B. B. Co., 37 Me., 92. 
 
 This statute liability is limited to property of a permanent nature, and 
 on which insurance may be effected. 
 
 16; Pratt v. A. & St. L. B. B. Co., 42 Me., 579. 
 
 For injuries to other propeily by fire, they will only be responsible in 
 consequence of negligence, unskilfulness or imprudence in running or 
 conducting their locomotives. lb. 
 
 If land of the plaintiff, over which there is an established highway, is 
 taken by a railroad company under their charter, no action at law is 
 maintainable. Whiitier v. K. & P. B. B. Co., 38 Me., 26. 
 
 Where a railroad company constructs its track across a highway, in 
 accordance with the directions and orders of the county commissioners, 
 no action can be sustained against such company for damages suffered in 
 consequence of their excavations by the owner of the adjoining land. 
 Nor will they be liable for any damages to such owner by the necessary 
 acts of the officers of the town in grading down the highway in conse- 
 quence of the construction of their railroad across it. lb. 
 
DECISIONS OF THE SUPREME JUDICIAL COUET. 689 
 
 The provisions of E. S. of 1841, c. 76, attach to all railroad corpora- 
 tions, unless specially exempted therefrom by their charter. 
 
 Came v. Brigham, 39 Me., 35. 
 
 By act of 1853, c. 41, railroad corporations required by their charter to 
 keep and maintain legal and sufficient fences on the exterior lines of their 
 roads, are made liable to a forfeiture of one hundred dollars per month 
 for neglecting that duty> Norris v. A. B. B. Co., 39 Me., 273. 
 
 This act being remedial and for the protection of property peculiarly 
 exposed by the introduction of locomotive engines, applies to corpora- 
 tions existing before its passage. 76. 
 
 A neglect by the corporation to erect or maintain such a fence, renders 
 them liable to reimburse any person suffering injury in his property 
 thereby in an action at common lavr. lb. 
 
 Thus where the plaintiff's horse, by reason of a defective fence upon 
 the line of a railroad, well kijown to the company, escaped from his pas- 
 ture upon the track and was injured by the engine, the company are re- 
 sponsible for the damages, notwithstanding the engineer was in the exer- 
 cise of due care, and the fence was originally imperfectly built by the 
 plaintiff for the company. lb. 
 
 An omission on the part of the owner of the land over which a railroad 
 has been located to call on the county commissioners to assess his com- 
 pensation wiU not preclude him from maintaining trespass quare clausum 
 against the company after they have taken his laud without making com- 
 pensation. Ball V. Pickering, 40 Me., 548. 
 
 Nor will an omissisn by the corporation to make the compensation in 
 the way provided by statute, after having taken possession of an individ- 
 ual's land, work a forfeiture of their rights under their charter, to enter 
 upon the land and have an exclusive occupation temporarily, as an incipi- 
 ent proceeding to the acquisition of title to or an easement in it. I b. 
 
 While the law under this constitutional provision allows a reasonable 
 time to the railroad company to make the compensation after such an 
 exclusive occupation, still when the company takes this exclusive occu- 
 pation under a claim of right in fee, as by a deed from the owner, when 
 in fact no such right exists, no reasonable time is allowed for making the 
 compensation ; and an action of trespass lies against them by the owner 
 for all the damage suffered by it. lb. 
 
 A railroad corporation was authorized by its charter to purchase, or 
 take and hold, so much land of private persons or other corporations as 
 might be necessary for its corporate use, and also, to take, remove and 
 use for certain specified purposes^ any earth, gravel, stone, timber, or 
 other materials on or from the land so taken : — Held, that this did not 
 authorize the servants of the corporation to go upon lands not taken 
 under the charter and take materials therefrom, against the will and with- 
 out the consent of the owners of the land. 
 
 Parsons v. Howe, 41 Me., 218. 
 
 The liability of a railroad company under the act of 1842, c. 9, § 5, is 
 not confined either to real or personal estate, but it exists in reference to 
 
690 DECISIONS OF THE SUPREME JUDICIAL COURT. 
 
 It is liable for damages to growing timber "along its route." lb. 
 
 The language "along the route" applies to property near and adjacent 
 to the railroad, so as to be exposed to the danger of fire from the engines. 
 
 26. 
 
 The growing trees of A. stood about three hundred feet from the line 
 of the railroad. Fire from the locomotive engine communicated to mate- 
 rials growing and naturally lying between th% premises of A. and the 
 railroad and extended to and damaged A.'s growing timber: — Held, that 
 the company was liable for damage. lb. 
 
 The time of taking real estate under E. S. of 1841, o. 81, § 4, must be 
 the time of entering into the occupation of the land ; and there may be 
 cases where a reasonable time after a temporary occupation will not 
 expire before three years. Nichols v. S. & K. B,. B. Co., 43 Me., 356. 
 
 No action can be maintained against a railroad corporation for injuries 
 by acts done in conformity to law, unless the corporation have in some 
 way forfeited their chartered rights, or the chartered remedy has been 
 rightfully modified by some statute so as to authorize such suit. 
 
 Gowen v. Penobscot B. B. Co., 44 Me., 140. 
 
 By § 11 of their charter, the Atlantic and St. Lawrence Railroad Com- 
 pany are obliged to erect and maintain substantial, legal and sufficient 
 fences on each side of the land taken by them for their railroad when the 
 ' same passes through inclosed and improved lands; and in default of 
 
 which they are liable for injuries occasioned thereby. 
 
 Whitney v. A. & St. L. B. B. Co., 44 Me., 362. 
 
 By the lease and assignment of the Atlantic and St. Lawrence Railroad, 
 that company have not relieved themselves from any liability for losses 
 or injuries to which they were subjected by their charter and the laws of 
 the State. lb. 
 
 If the charter of a railroad company does not fix the number of shares 
 of the capital stock, it is to be presumed that the legislature intended 
 that the stockholders or the directors should fix the number. And it is 
 indispensable that the number be so determined before any assessment 
 can be made thereon. Som. & Ken. B. B. Go. v. Gushing, 45 Me., 524; 
 Som. & Ken. B. B. Co. v. Weston, 45 Me., 524. 
 
 If the number of shares so fixed exceeds the number actually sub- 
 scribed for and taken, the stockholders or directors may change the num- 
 ber, but the assessment must be upon the whole number. If the shares 
 are not all taken, an assessment upon the number that have been taken is 
 illegal and void. Som. & Ken. B. B. Co. v. Gushing, 45 Me., 521. 
 
 A subscriber who has paid the first assessment is not thereby estopped 
 from setting up this defence to a suit for the second. 
 
 Som. & Keri. B. B. Co. v. Weston, 45 Me., 524. 
 
 The statute of 1853, c. 41, § 3, (R. S., c. 51, § 15), relating to the con- 
 struction of railroads across highways and streets is remedial in its pro- 
 visions, applies to railroads previously, as well as those subsequently char- 
 tered, unless they had at the time of the passage of the act, completed or 
 actually entered upon the construction of their road. 
 
 Veazey v. Mayo, 45 Me., 560. 
 
DECISIONS OF THE SUPREME JUDICIAL COUKT. 691 
 
 That act was designed to afford greater security to the public having 
 occasion to use highways and streets across wliich railroads were to be 
 made, and it was but the exercise of that police power which is always 
 necessarily retained by the people in their sovereign capacity for the pub- 
 lic safety, and of which they cannot be devested by prior legislative 
 enactments, nor by chartered immunities. lb. 
 
 Before the construction of a railroad across any street of a city, the 
 written assent of the mayor and aldermen must be obtained, stating the 
 manner and conditions upon which such crossing may be made, and this 
 must be recorded in the county commissioners' office. But the provision 
 requiring it to be recorded is merely directory, and not a condition prece- 
 dent, lb. 
 
 The city council of Bangor is a body entirely distinct and difierentfrom 
 the mayor and aldermen, and the assent of the former to the construction 
 of a railroad across a street in that city was nugatory, and conferred no 
 authority for that purpose. lb. 
 
 In a proceeding under the statute of 1854, c. 93, relating to connecting 
 railroads, the actual possession of the railroad by the petitioners under 
 claim of title with no evidence of adverse claim is sufficient evidence of 
 their title, and of the organization of the company to entitle them to the 
 relief which the statute was designed to afford. 
 
 P. <6 0. C. B. B. Co. V. G. T. By. Co., 46 Me., 69. 
 
 Such a proceeding is not analogous to a suit at common law, and where 
 a railroad company had leased its road to another company, the lessors 
 and lessees maybe joined as respondents; and if the petitioners are enti- 
 tled to relief against either, commissioners may be appointed, and the 
 court will afterwards determine against which the award should be 
 finally made or whether against both. lb. 
 
 The sale of the Buckfleld Branch Railroad to the Cumberland and Ox- 
 ford Central Railroad Company, authorized by a special statute of 1857, 
 invested the latter company with all the rights and immunities of the 
 former, including the right of connection with the Atlantic and St. Law- 
 rence Railroad. And the right to connect is not lost to the company pur- 
 chasing, in consequence of its being empowered by its charter to make a 
 road across the Atlantic and St. Lawrence Railroad. But when the road 
 shall be actually made across and operated, the right of connection will no 
 longer exist. , lb. 
 
 A statute authorizing the court, by commissioners appointed therefor, 
 to determine judicially what are the mutual rights and obligations of any 
 two railroad companies authorized by their charters to connect their 
 roads, is clearly within the just limits of legislative power. And as the 
 statutes of 1854 was not intended to go beyond this, it is remedial only, 
 and binding upon existing corporations. lb. 
 
 The defendant corporation will not be released from the liability im- 
 posed by this statute by reason of having leased their road to the Grand 
 Trunk Railway Company who were in possession, controlling and man- 
 asing the leased road at the time of the injury, and notwithstanding the 
 
692 DECISIONS OF THE SUPREME JUDICIAL COURT. 
 
 flre was communicated by a locomotive engine which the lessees had 
 themselves furnished. Stearns v. A. & St. L. B. B. Co., 46 Me., 95. 
 
 Where a railroad company commenced the running of cars upon their 
 road before they have erected their legal f en6es, and the plaintiff 's horse, 
 rightfully on land adjoining, had strayed therefrom upon the track and 
 was killed by the company's engine, the company will not be exonerated 
 from liability for damages by proof that at the time certain persons were 
 operating the road under an agreement with the company that they should 
 receive and retain the earnings when it was further stipulated in the 
 agreement that the trains shall run under, the direction of the company, 
 and be under their control. 
 
 Wyman v. Penobscot & Ken. B. B. Co., 46 Me., 162. 
 
 A railroad corporation may lay side-tracks for its convenience over any 
 land it may own in fee or land of individuals giving legal consent thereto, 
 if no public interest or private right is affected. 
 
 Bangor O. & M. B. B. Co., v. Smith, 47 Me., 34. 
 
 An act general in its terms, and applicable to ^11 railroads, is within 
 the meaning of c. 503 of the public laws of 1831, empowering the legis- 
 lature to modify the charters of corporations, and effects the charter of 
 any railroad company which, contains no express limitation to the con- 
 trary. ' lb. 
 
 Chapter 41 of the public laws of 1853, prescribing generally how rail- 
 road corporations shall proceed in the location of tracks, is applicable to 
 a company incorporated in 1833, although its provisions in that respect 
 are dissimilar to those in the act of incorporation. I b. 
 
 By locating their track across a highway, a railroad company acquires 
 the right to lay their rails and road-bed across said highway in the direc- 
 tion or line of their road, and it may be to lay a second track in the same 
 direction and parallel with the first, if the whole line is of that character, 
 and the business of the road requires it ; but not to lay a track in a dif- 
 ferent direction on an angle or curve, though within the limits of their 
 described location. lb. 
 
 Under § 3, c. 41, of the public laws of 1853, providing that railroads 
 shall not be carried along any existing highway, but must cross it in the 
 line of the railway, a corporation cannot extend a curve in a branch track 
 partly over or along a highway, but without crossing it. lb. 
 
 The legislature, in granting the charter of the Penobscot and Kenne- 
 bec Railroad Company, adjudged that the railroad was required by pub- 
 lic necessity and convenience, and this decision is conclusive. 
 
 State V. Noyes, 47 Me., 189. 
 
 This charter conferred upon the directors the right to exercise certain 
 powers without interference by the legislature, unless the company should 
 in some way abuse the privileges granted ; and whether there has been an 
 abuse of the privileges is a question to be decided by the court, and not 
 by the legislature. lb. 
 
 The charter is a private contract between the government acting in its 
 • sovereign capacity, and the corporation, binding on both, and cannot be 
 changed or impaired by the legislature. lb. 
 
DECISIONS OF THE SUPREME JUDICIAL COURT. 693 
 
 It is to be construed exclusively by the courts, upon the same principles 
 which are applied to contracts between private individuals. lb. 
 
 The privileges thus granted may be taken for public use in the same 
 manner as the property of individuals; but the intention of the legislature 
 to do so must clearly appear, and provision must be made for compensa- 
 tion to the owners of the property taken. lb. 
 
 If the legislature charter a railroad between certain termini, and it is 
 constructed and put in operation, another railroad may be chartered be- 
 tween the same termini, unless in the former charter there is a limitation 
 of the power of the legislature to do so. 26. 
 
 The charter of the Penobscot and Kennebec Railroad Company vests in 
 the directors the power to prescribe the times and places at which it will 
 receive persons and property for transportation. 76. 
 
 The act of March 26, 1858, is an interference with this right, and some 
 power of legislature other than that reserved in the charter must be found 
 to justify it, duties and obligations additional to those required by the 
 charter being thereby imposed upon the company. 76. 
 
 The Penobscot and Kennebec and Somerset and Kennebec Railroads 
 being crossing and nof,,connecting roads, their relative position imposes 
 upon them no duties in respect to receiving persons and property for 
 transportation that do not fall upon railroads situated in the vicinity of 
 each other without crossing. 16. 
 
 Private corporations without any express reservations of the powers 
 over them in their charter by the legislature, are subject, like individuals, 
 to be restrained, limited and controlled in the exercise of powers granted 
 by such laws as the legislature may pass, based upon the principle of safety 
 to the pubKc. lb. 
 
 Police regulations established by the legislsture for the convenience of 
 the public or travellers on railroads cannot be upheld against individuals 
 or private corporations, lb. 
 
 The provisions of §§ 5 & 6, of the act of March 26, 1858, being in viola- 
 tion of the rights secured to the Penobscot & Kennebec Railroad Com- 
 pany in their charter are not binding on that corporation. J6. 
 
 R. S. of 1841, If. 81, § 5, provides that in locating railroads "no corpora- 
 tion shall take any meeting house, dwelling house, 'or public or private 
 burying ground without the consent of the owners thereof." Held, that 
 the term dwelling house as here used means only the house, and includes 
 
 no part of the garden, orchard or curtilage. 
 
 Wells V. Som. & Ken. E. B. Co., 47 Me., 345. 
 
 A raUroad corporation, so soon as their track has been located, may 
 take immediate possession. Davis v. Russell, 47 Me., 443. 
 
 The charter of a railroad company authorized it to sell the shares of 
 delinquent subscribers, and made the subscriber liable for the difference 
 between the proceeds of the sale and the amount due from him. The 
 charter and by-laws required that the subscriber should be notified of 
 the assessments thirty days before the order of the directors to sell the 
 
694 DECISIONS OP THE SUPREME JUDICIAL COURT. 
 
 and that the treasurer should give the subscriber a notice in hand, signed 
 by the treasurer, or by a director in his behalf. Seld, (1) That a notice 
 of the assessment thirty days before the sale is not sufficient ; (2) That 
 a sale otherwise than by public auction, or at any other place than the 
 post-office named, is invalid; and (3) That a notice of the sale given to 
 the subscriber in hand, not signed by the treasurer or director, is insuf- 
 ficient. Lewy's I. R.B. Co. v. Bolton, 48 Me., 451. 
 
 When the charter of a railroad company authorizes the sale of the 
 stock of a shareholder to pay unpaid assessments thereon, such sale is 
 not valid, if it is not for a legal assessment, or if it includes any illegal 
 assessment. ' lb. 
 
 If such charter provides that no assessment shall be laid upon any 
 share to a greater amount than $100 in the whole, any assessment beyond 
 that sum is void. 76. 
 
 If the charter fixes a sum as the minimum for the capital stock no legal 
 assessment can be made until that amount of stock is subscribed in good 
 faith by men apparently able to pay, and for shares to bear their equal 
 part with others. lb. 
 
 A subscription for preferred stock which is to draw ten per cent, in- 
 terest at onoe cannot be reckoned to make up the amount of capital 
 stock required by the charter. lb. 
 
 The Penobscot Railroad Company under their charter and the general 
 laws of the State, had a right to construct their railroad over or under a 
 highway, and for that purpose to raise or lower the highway. 
 
 Veazie v. Penobscot B. R. Co., 49 Me., 119. 
 
 But they were bound to exercise this right in such a manner as not to 
 obstruct the highway unnecessarily, and to use reasonable care to pro- 
 tect those passing thereon from injury. lb. 
 
 The company are liable for any injury happening to any one passing 
 on the highway on account of their neglect to use such care. lb. 
 
 Nor are the company exempt from this liability, although the change 
 in the grade of the highway is made by contractors grading the railroad 
 under an agreement to do the work, according to the plans and direc- 
 tions of the chief engineer of the company, who is employed and paid 
 by the company. 76. 
 
 But a railroad company cannot, by any stipulations with contractors 
 relieve themselves from their obligation to protect the public from dan- 
 ger when they interfere with, or obstruct a public highway. 76. 
 
 When a person passing upon a highway receives an injury wholly by 
 reason of an illegal defect in the same, caused by the alteration thereof, 
 by a railroad company, the town in which it is situated is liable for such 
 injury. 76. 
 
 The railroad company is liable to indemnify the town for all the dam- 
 ages it has been compelled to pay, and for the costs and expenses reason- 
 ably and fairly incurred in a suit against them by the person injured. 
 
 Welcome v, Leeds, 51 Me,, 313. 
 
DECISIONS OF THE SUPREME JUDICIAL COUKT. 695 
 
 When the railroad company has been notified of the pendency of such 
 a suit and requested by the town to assume the defence of it, they are 
 bound by the judgment, and it is conclusive against them as to the cause 
 of the injury and the extent of the damage, whether they appear in the 
 case or not. Veazie v. Penobscot B. B. Co., 49 Me., 119. 
 
 The railroad company cannot avoid the effect of such judgment on 
 the ground that they did not receive the notice until the day before the 
 trial, it appearing that one of the directors was present at the trial, arid 
 took notes, and that they made no request for a continuance or postpone- 
 ment of the trial. lb. 
 
 Chapter 41 of the public laws of 1853, regulating the mode in which 
 a railroad shall cross streets and ways cannot be construed as requiring 
 railroads already constructed, or whose location has been completed and 
 duly filed, and the construction commenced under a binding contract to 
 locate anew in order to comply with its provisions. 
 
 Veazie v. Mayo, 49 Me., 156; Wellcome v. Leeds, 51 Me., 313. 
 
 In such a case the provision making a railroad which has not con- 
 formed to the statute in crossing a street or way a nuisance, and holding 
 the directors of the company personally liable, does not apply. 
 
 Veazie v. Mayo, 49 Me., 156. 
 
 The president and five directors of a railroad company agreed by a 
 memorandum in writing each to advance certain specified sums to enable 
 the company to pay coupons becoming due on its bonds, and that the 
 president should advance the further sum of $2,000 with the assurance 
 from the other five that at the next meeting of the directors they will 
 cause provision to be made to indemnify him for the proportional excess 
 advanced by him. At the next meeting the president was authorized to 
 sell or pledge mortgage bonds of the company, to raise money to meet 
 present claims, and also to mortgage movable property of the company 
 to secure its creditors. The bonds were sold, and the proceeds applied 
 to pay other and subsequent debts of the company. In an action by the 
 president brought against the directors on the written memorandum to 
 recover for the excess advanced by him, held, that the votes of the direc- 
 tors, authorizing the sale of the bonds and mortgage of movables put it 
 in the power of the president to pay or secure himself and were a suffi- 
 cient fulfilment of the agreement of the directors, and the action could 
 not be maintained. Miller v. Morrill, 51 Me., 9. 
 
 The statute of 1853, c. 41, § 3, relating to the construction of railroads 
 across highways, is not retroactive. Wellcome v. Leeds, 51 Me., 313. 
 
 The provision in the charter of the Androscoggin Railroad Company, 
 that the railroad shall be so constructed as not to obstruct the safe and 
 convenient use of the highway, is a continuing obligation, requiring the 
 company to keep the railroad so constructed at all times. lb. 
 
 But a town is not thereby absolved from its obligations to see that the 
 highways therein are not rendered unsafe by the crossing of a railroad. 
 
 lb. 
 
DECISIONS OF THE SUPREME JUDICIAL COURT. 
 
 If the highway at a railroad crossing is defective, and the town has 
 notice of it, it is no defence that the particular defect was one which the 
 railroad company ought to have repaired. lb. 
 
 The charter of railroad companies or the general statutes provide a 
 remedy for the owners of lands over which the road is located, for dam- 
 ages where they are not remote and consequential, but where a company 
 does only what it is authorized to do, and is without fault or negligence, 
 it is not liable for consequential damages. 
 
 Boothby v. And. &Km. B. B. Co., 51 Me., 318. 
 
 If railroads make a connection under a contract, its continuance in 
 certain cases will be enforced in equity. 
 
 A. & K. B. B. Co. V. Androscoggin Bailroad Co., 52 Me., 417. 
 
 But where such contract has been terminated by the parties, eqiuty 
 will not interfere. lb. 
 
 The seventh section of the charter of the Androscoggin Railroad Com- 
 pany gives that company the right to connect its railroad with that of 
 the Androscoggin and Kennebec Railroad Company, and the latter to 
 connect its road with that of the former, but each company has the elec- 
 tion whether it will thus connect or not, and the provision in question is 
 a privilege and not a contract. lb. 
 
 It seems that either company, having once elected to connect, might 
 at its pleasure, disconnect. lb. 
 
 If not, the legislature may authorize it to do so, and the other company 
 cannot complain. lb. 
 
 It seems that if one company has elected to connect, that it does not 
 impose on the other company the obligation of continuing the guage as 
 existing at the time of the connection. J6. 
 
 But if so, the right does not become vested until the election to con- 
 nect, and if before such election, the other company is relieved by an 
 act of the legislature accepted by them, a subsequent election to connect 
 is of no avail. lb. 
 
 Chapter 475 of the laws of 1860 authorized the Androscoggin Railroad 
 Company to change the guage of their road, and the Androscoggin and 
 Kennebec Railroad Company, not having elected to connect their road 
 with that of the former company, until after that act was passed and 
 accepted, can now do it only in subordination to the rights conferred on 
 the Androscoggin Railroad Company by it. lb. 
 
 A jury appointed to estimate damages for land taken by a railroad 
 company, should not include in their verdict damages occasioned by the 
 neglect of the company to remove the stones thrown upon the petition- 
 er's land by blasting, while grading the land, but it should include dam- 
 ages caused by blasting. 
 
 Wliitehouse v. Androscoggin B. B. Co., 52 Me., 208. 
 
 The maxim so use your own property as not to injure the rights of 
 another is applicable alike to corporations and individuals. 
 
 Hill V. Portland & Bochester B. B. Co., 55 Me., 438. 
 
DECISIONS OF THE SUPEEME JUDICIAL COUET. 697 
 
 A railroad corporation has the right to establish reasonable signals to 
 be given for the starting of trains from its stations. lb. 
 
 Whether or not the loud and sudden sounding of a steam whistle is a 
 reasonable signal for such purpose, and within the rule of ordinary care, 
 depends upon all the circumstances of each particular case, and it is a 
 question for the jury. lb. 
 
 In the trial of an action for personal injury to the plaintiff caused by 
 being thrown from his carriage, in consequence of his horse becoming 
 frightenedat the sound of a locomotive whistle, at a railroad crossing 
 near a station, it is competent for the plaintiff to show that the sound 
 of the whistle produced a similar effect upon other horses at the same 
 time and place. lb. 
 
 Also to show the usual effect of that whistle at the same place on or- 
 dinary horses. lb. 
 
 It is not competent for the corporation to ask a witness acquainted 
 with the practice of railroads generally, and who had charge of an- 
 other railroad for sixteen years, whether or not in his opinion the sig- 
 nals in question were reasonable or unreasonable, prudent or extraordi- 
 nary, or whether or not similar signals were given by other railroad cor- 
 porations. 1 b. 
 
 The fare paid by a passenger over a railroad, is the compensation for 
 his carriage, and for the transportation, at the same time, of such bag- 
 gage as he may require and have for his personal convenience and neces- 
 sity, during his journey. 
 
 Wilson V. G. T. Sailway of Canada, 56 Me., 60. 
 
 Baggage subsequently forwarded by his direction, in the absence of any 
 special agreement with, or negligence on the part of the carrier, is liable 
 like any article of merchandise, to the pavment of the usual freight. 
 
 lb. 
 
 A through ticket over three several distinct lines of passenger trans- 
 portation,, issued in the form of three tickets on one piece of paper, and 
 recognized by the proprietors of each line, is to be regarded as a distinct 
 ticket for each line. Knight v. P. S. & P. B. B. Co., 56 Me., 234 
 
 The rights of a passenger purchasing such a ticket, and the liabilities 
 of the proprietors of the several lines recognizing its validity, are the 
 same as if the purchase had been made at the ticket office of the respec- 
 tive lines. lb. 
 
 Common carriers of passengers are not bound to insure the absolute 
 safety of their passengers, but they are required to exercise the strictest 
 care consistent with the reasonable performance of their contract of 
 transportation, 76. 
 
 To render them liable for an injury to a passenger while under their 
 charge, it is enough if it was caused solely by any negligence on their 
 part, however slight, if, by the exercise of the strictest care and precau- 
 tion, reasonably within their power, the injury would not have been sus- 
 tained, lb. 
 
 u 
 
698 DECISION'S OF THE SUPREME JUDICIAL COURT. 
 
 Where the plaJntifE's ticket entitled her to a passage over the defend- 
 ants' road to Portland, and by steamboat from Portland to Belfast, and 
 the defendants had built their track upon their wharf down to the steam- 
 boat, and had run their passenger train upon it for a time, and still con- 
 tinue to run their baggage train there, and they directed their passengers 
 verbally, or by a printed sign, to use the wharf as a passage way to the 
 boat, and they did so use it, and they made the wharf subsiduary and 
 necessary to the proper use and enjoyment of their road, in an action by 
 the plaintiff to recover for an injury upon the wharf, — Held : — 
 
 I. That the defendants are bound to exercise the same degree of care 
 in making the wharf safe and convenient for their through passengers to 
 travel over, as is required of common carriers of passengers, although 
 they required them to disembark at their depot, forty rods distant from 
 the steamboat; and, — 
 
 II. That this liability continued until, in the ordinary course of their 
 passage over the wharf, they reached the point where the liability of the 
 steamboat company commenced. lb. 
 
 R. S., c. 51, § 9, does not authorize the assignee of a judgment of the 
 county commissioners, recovered in favor of the owner of land against 
 a railroad company for land damages, to maintain a bill for "an injunc- 
 tion against the use or occupation of " the land taken, and in which the 
 complainant has no interest. Bslei/ v. P. <fc R. R. R. Co., 56 Me., 531. 
 
 A compliance with R. S. of 1857, c. 51, §§ 15 and 19, on the part of a 
 railroad corporation does not absolve it from observing such other pi'e- 
 cauiions as resonable and ordinary care may require in crossing a 
 thoroughfare leading to and from a city. 
 
 Webb V. P. & K. R. R. Co., 57 Me., 117. 
 
 Whether or not a railroad company is guilty of negligence in not em- 
 ploying a flagman at a certain crossing is a question of fact. lb. 
 
 When one railroad company is by permission using the track and ease- 
 ment of another, the former is held to observe such precautions for the 
 safety of the public at a crossing as shall be fully equivalent to those 
 required by reasonable care and prudence of the latter. lb. 
 
 The estaJblishment of a flag-station at a railroad crossing is legal evi- 
 dence of the consent of the railroad corporation to whom the easement 
 and right of passage with trains belong, that the way may be used as 
 such. lb. 
 
 The establishment of a flag-station at a railroad crossing cannot rea- 
 sonably be construed as an assertion of a paramount right on the part 
 of the corporation. lb. 
 
 In the trial of an action for an injury alleged to have been received 
 while passing along a public street and highway across the railroad track 
 of the defendants, if the evidence of a legal location is wanting, it is 
 proper to instruct the jury that there was no legal highway by reason of 
 any proper location ; but that if the jury should find that with the con- 
 sent of the company owning the track, and having the right of passage 
 there with trains, and of the owners of the fee in the land, there had 
 
DECISIOKS OP THE SUPREME JITDICIAL COURT. 699 
 
 been a thoroughfare in open and continuous use by the public and all 
 who had occasion to go between the termini mentioned, and that use 
 commenced prior to the running of the defendants' trains there, and con- 
 tinued to the time of the accident without objection made by the com- 
 pany owning the track, or the owners of the fee, or the defendants, they 
 might thence infer the existence of such a way and right of crossing the 
 railroad at grade there, as would bind the defendants to the use of the 
 same precautions, prudence, care and diligence in running their engines 
 as they would be bound to exercise, if a highway had been located across 
 the track there at grade. lb. 
 
 Where the Maine Central Railroad Company let to the Eastern Express 
 Company for four years, the exclusive use of a certain separate apartment 
 in a car attached to each of their passenger trains for the purpose of 
 transporting the express company's messenger and merchandise, and 
 agreed that they would not, during the continuance of such contract, let 
 any space in any car on their passenger trains to any other express car- 
 rier, and the railroad company, before the expiration of such contract 
 but after reasonable notice to them, refuse to receive upon any terms from 
 the New England Express Company, when and where they received the 
 Eastern Express Company's freight, such packages as are usually carried 
 by express companies to be transported by their passenger trains ; Held, 
 that the railroad company were liable under c. 193 of the pubUc laws of 
 1868 to the New England Express Company in an action of damages. 
 N. E. Exp. Co. V. M. C. B. B. Co., 57 Me., 188. 
 
 It seems that an action at common law would lie against the railroad 
 under the same circumstances. lb. 
 
 A railroad corporation whose track is located within the limits of a 
 highway may load and unload one of its cars while temporarily standing 
 for that purpose in the street, provided it be done in such a prudent 
 manner as not unreasonably to interfere with the rights of those having 
 occasion to use the way for the ordinary purposes of travel. 
 
 Mathews v. Kelsey, 58 Me., 56. 
 
 And for the purpose of unloading a car of flour, a merchant whose 
 store is on the street may use skids temporarily elevated above the 
 ground, and extending from the car door fifty feet to the store, provided 
 there is ample room between the car and the opposite side of the street 
 to accommodate the travel of the street. I b. 
 
 A child of nine years, who in the daytime jumped from a sidewalk 
 lawfully constructed by a railroad company, on the side of its railway 
 bridge, upon the properly constructed draw, while the same is being law- 
 fully closed, is so wanting in ordinary care and prudence as not to be en- 
 titled to maintain an action for the injury resulting therefrom. 
 
 Brown v. E. <fe. if. A. B. Co., 58 Me., 384. 
 
 If a director of a raUroad corporation enter into a contract for the con- 
 struction of the road of his corporation, he cannot then, nor subsequent- 
 ly) personally derive any benefit from such contract. 
 
 E. & JSr. A. B. Co. V. Poor, 59 Me., 277. 
 
700 DECISIONS OF THE SUPREME JUDICIAL COURT. 
 
 A railroad corporation engaged a contractor to construct, imder the 
 general supervision of the chief engineer of the company, a specific portion 
 of its railroad located across the plaintiff's timber tract, and the sub-con- 
 tractor and his employees cut a tote road through the plaintiff 's prem- 
 ises, outside of the location, and set fires, which through their negli- 
 gence, spread and burnt the plaintiff 's timber. Seld, that the company, 
 not having directed the acts complained of, and having no such control 
 over the persons who committed them, as to direct or remove them, was 
 not liable for the damages occasioned thereby. 
 
 Eaton Y. K & N. A. B. Co., 59 Me., 520. 
 
 If the company's engineer direct the sub-contractor to do an unauthor- 
 ized act, such as grading outside of the limits of the true location, the 
 company is liable therefor. 16. 
 
 A railroad corporation is not liable under R. S. of 1857, c. 51, § 25, (R. 
 S., § 22) for trespasses and injuries to lands and buildings adjoining, or 
 in the vicinity of its road, committed by contractors, or the servants of 
 contractors. 76. 
 
 Where the charter authorized the taking of land not to exceed six rods 
 in width, and by an act of the legislature the time for completion was 
 extended two years, and all rights, privileges and grants theretofore ap- 
 pertaining to said company were thereby continued ^ Seld, that the char- 
 ter was thereby renewed in its entirety, and the company retained the 
 right to take land six rods in width, although the general statute allowed 
 butfour. 16. 
 
 Where the time for filing the location with the county commissioners 
 was fixed by a statute to be on February 8th a depositing of it at their 
 office with their clerk on February 6th, is seasonable although a term of 
 the commissioners court did not occur until the following April. lb. 
 
 So where by an act of the legislature approved Jan. 17, 1869, one year 
 from and after the approval was given to alter and amend the location 
 between certain termini and the amended location, was adopted on Jan. 
 15, 1870, and received and filed by their clerk in the county commission- 
 ers' office on Jan. 17, 1870, the filing was seasonable, although there was 
 no session of the commissioners' court vmtil the following April. 16. 
 
 Where the railroad corporation had seasonably filed a petition in the na- 
 ture of an appeal on the question of damages which was dismissed at the 
 October term, 1870, and the plaintiffs applied to the county commission- 
 ers for the security required by R. S. of 1857, c. 51, § 51, {E. S., § 6), for 
 the payment of damages awarded, and the corporation gave no security, 
 but in December following, paid the amount of damages awarded and 
 costs. Meld, that in the absence of evidence to the contrary this may 
 well be presumed to be in satisfaction of the damages awarded by the 
 commissioners for the land taken to which the assessment refers. lb. 
 
 Veazie v. Penob. B. B. Co., 49 Maine, 119, examined and modified. 
 
 15. 
 
 By the requirements of R. S., c. 51, § 20, legal and sufficient fences are 
 to be made on each side of land taken for a railroad where it passes > 
 
DECISIONS OF THE STJPEEME JUDICIAL COUET. 701 
 
 through inclosed or improved land, or woodlots belonging to a farm 
 before a construction of the road is commenced, and they are to be kept 
 in good repair by the corporation. 
 
 Gilman v. H. & N. A. B. Co., 60 Me., 235. 
 
 An agreement between a railroad corporation and an adjoining pro- 
 prietor not to require them to fence but one side of their road across his 
 land until notified by him, will not relieve them from any liability they 
 may thereby incur to any person not cognizant of, or assenting to it. 
 
 lb. 
 
 If in an action against a railroad company for the value of the plain- 
 tiff 's ox killed by their train, the defendants would have their excep- 
 tions sustained upon the ground that the ruling complained of is in con- 
 flict with the well established principle that a railroad company is not 
 bound to fence against cattle wrongfully upon the adjoining close, it 
 must appear from the exceptions that there was testimony tending to 
 shojy that the plaintiff's ox was wrongfully there. lb. 
 
 The plaintiff's lot, and those adjoining on the north and south, were 
 crossed by the defendants' road, and bounded on the east by a river ; the 
 division fence between so much of the plaintiff's and the south lot as lay 
 between the railroad and river, (being the plaintiff's pasture), being de- 
 fective. The railroad fence extended on both sides of the road across the 
 plaintiff's lot, that on the river side of the road across the north lot set- 
 ting several feet further from the track, did not form a continuous line 
 with that across the plaintiff's, while, pursuant to an agreement between 
 the defendants and the proprietor thereof, there was no railroad fence on 
 the south lot on the river side of the road. The plaintiff's pasture was 
 also fenced on the river bank above high water mark. An ox of the 
 plaintiff's escaped from his owner's pasture through the gap of the defend- 
 ants' fence, occasioned by want of continiiity, upon the track, was driven 
 thence by the defendants' employee upon the north lot, whence during 
 the next six hours the ox wandered along the river bank, across his own- 
 er's land, outside of its enclosure, to and upon the south lot, and thence 
 upon the track, where he was killed by the defendants' locomotive, while 
 being managed with proper care on their part ; held, that the gap in the 
 defendants' fence on the plaintiff's land, through which the animal 
 escaped from his pasture, was the efficient procuring cause of the acci- 
 dent, and that the maxim causa proxima, etc., had no proper application 
 to the case. lb. 
 
 Also held, that the omission of the plaintiff to erect a sufficient fence 
 between his pasture and the south lot, cannot be imputed to him as con- 
 tributary negligence. I b. 
 
 The defendant, with numerous others, signed a subscription of the fol- 
 lowing tenor: "We, the undersigned, agree and bind ourselves to take 
 the amount of shares set against our respective names, in the stock of the 
 Belfast and Moosehead Lake Railway Company, agreeably to the forego- 
 ing conditions:" He W, that the simple agreement to take imposed no 
 personal obligation to pay for the shares. 
 
 B. & M. L. B. B. Co. V. Moore, 60 Me., 561. 
 
702 DECISIONS OF THE SUPREME JUDICIAL COURT. 
 
 Also Jield, that tlie conditions, which contained no words of promise, 
 did not change the force of such agreement in this particular. lb. 
 
 And the construction of such an agreement is not afiected by a pro- 
 vision in the charter, purporting to render the subscriber liable for the 
 balance remaining due after a sale of his shares. lb. 
 
 Neither does c. 206 of the special laws of 1869, affect the contract made 
 before its enactment, even though viewed as an amendment of the char- 
 ter. 16. 
 
 Where the only mode provided in the charter of a railroad by which 
 towns interested therein may aid in its construction, is a subscription for 
 its stock, an article in a warrant for a town meeting, to see if the town 
 will loan its credit to aid in the construction of the railroad named, gives 
 reasonable notice that a pi-oposition to subscribe for stock wiU be acted 
 upon, and will authorize such action. 
 
 B. & M. L. R. B. Co. V. Brooks, 60 Me., 568. 
 
 Where under such an article the town authorized its selectmen to sub- 
 scribe, in behalf of the town for stock in the railroad named to the amount 
 of sum specified without design ating the kind of stock, and the selectmen 
 subscribe for the non-preferred stock the town is bound by the selection 
 made. lb. 
 
 Where the persons who subscribed for the stock, signed the subscrip- 
 tion as selectmen, therein referring to the vote under which they acted, 
 and were the same persons who called the town meeting at which the 
 vote was passed, it wUl be presumed in the absence of any evidence that 
 any other persons had been elected, or had acted as selectmen, that they 
 were the selectmen. lb. 
 
 The by-laws of a railroad company provided that no assessment shall 
 be made upon any shares until the full amount of the estimated cost of 
 the road shall first have been subscribed by responsible parties. It ap- 
 peared thatthe estimated cost was subscribed, and the directors acting in 
 good faith, decided that the estimated costs had been subscribed by 
 responsible parties, and thereupon proceeded to make the assessments ; 
 held, that the assessments were valid, and that they could not be rendered 
 invalid by showing, as matter of fact, that some of the subscribers were 
 not responsible. 16. 
 
 Where a statute declares that railroads by "whose negligence the life of 
 a person is lost, forfeit not less than five hundred nor more than five thou- 
 sand dollars, to be recovered by indictment to the use of the heirs of the 
 deceased ; held, that to bring a case within this statute, the killing must 
 be instantaneous. State v. G. T. By., 61 Me., 114 
 
 Railroad companies, as well as other common carriers, are responsible 
 for the misconduct of their servants, and for assaults and batteries by 
 theni committed upon passengers, without justification. 
 
 Sanson v. E. & N. A. By. Co., 62 Me., 84. 
 
 If the servant be first assaulted, he may defend himself, and may use 
 sufficient force to overcome any unauthorized opposition to his proper 
 performance of any duty. But the assault being over, or the resistance 
 
DECISIONS OF THE SUPREME JUDICIAL COURT. 703 
 
 ended, he cannot pursue and punish the wrong doer, and will make him- 
 self and the earner both liable if he do so. 76. 
 
 Disobedience to the rules of a company by a ptissenger will justify the 
 carrier in refusing to carry him further, but not in maltreating him while 
 continuing to perform the contract for his conveyance. It. 
 
 If the passenger is wilfully maltreated, the jury are authorized to award 
 punitory damages. lb. 
 
 A railroad corporation is not liable for injuries to buildings in the vici- 
 nity of its road caused by blasting, done by those who have contracted to 
 grade the road, or persons in their employ, although under the contract, 
 the corporation reserves the right to retain in its hands, sums sufficient to 
 pay all damages that are not adjusted within thirty days from the time 
 they are inflicted. Such a case is not within the provisions of K. S., 
 c. 51, § 22. Tibbetts v. K. & L. R. B. Co., 62 Me., 437. 
 
 For construction of the contract between the P. S. & P. E. K. Co. and 
 
 the Grand Trunk Ky. Co. and the A. & St. L. R. R. Co. , see the case 
 
 P. S. & P. B. B. Co. V. G. T. By. Co., 63 Me., 90. 
 [See contract, page 49 of this book.] 
 
 Railroads are public highways, and are to be conducted in furtherance 
 of the public objects of their creation. 
 
 B. B. Gomm'rs v. P. & 0. C. B. B. Co., 63 Me., 269. 
 
 It is not within the discretion of the directors of a railroad company 
 ultimately and conclusively to determine the manner in which the cor- 
 poration shall discharge the public duties enjoined upon it by its charter; 
 that P9wer and duty are devolved upon the State tribunals. lb. 
 
 The writ of mandamus lies to compel a railroad company to perform 
 the public duties imposed upon it by its charter. I h. 
 
 Railroad charters are to receive such a, construction as is reasonable 
 and consistent with the public objects to be subserved by them. lb. 
 
 The requirement in the eighth section of the charter of the Portland 
 and Oxford Central Railroad Company, (special laws of 1857, o. 122,) that 
 "the corporation shall be obliged to receive at all proper times and places 
 and convey persons and articles" means that "the times and places" 
 designated for the purposes named shall in fact be reasonable, consistent 
 with and in aid of the right of the public to use the road. lb. 
 
 Whether or not the times and places established by the corporation are 
 of this description is ultimately to be determined by the State tribunals. 
 
 lb. 
 
 The public laws of 1871, o. 204, empowering the railroad commissioners 
 to direct a railroad corporation to erect and maintain a depot at a specified 
 place on the line of its road, determined by them to be proper and in 
 accordance with the demands of public convenience and necessity, is con- 
 stitutional, and not inconsistent with, nor an infringement upon, the char- 
 ter of the Portland and Oxf ord Central Railroad Company. I b. 
 
 The law under which the railroad commissioners located the station at 
 Hartford Centre, on the defendants' railroad, being constitutional, and 
 not in violation of the contract created between the State and the corpo- 
 
704 DECISIONS OF THE SUPREME JUDICIAL COURT. 
 
 ration, by its charter, but in strict conformity therewith ; and being a 
 proper regulation of the public use of the road ; the action of the rail- 
 road commissioners is, therefore, affirmed, and the corporation is directed 
 to conform thereto. lb. 
 
 The defendants' ticket agent represented to the plaintiff that it was 
 necessary to purchase but one ticket to enable him to pass over the road, 
 stopping over one night at an intermediate station, and that the conductor 
 would give a stop-over check, to enable him to do so. At the time these 
 representations were made,and in consequence of them, the plaintiff, 
 having informed the agent of his desire to stop over, purchased the ticket, 
 paying the fare demanded for the whole distance. On the second day his 
 ticket was refused by the conductor, upon the ground that it was indorsed 
 "good for this day only," and the plaintiff, refusing to pay the fare de- 
 manded, was expelled from the cars. Held, that in an action against the 
 company such representations of the ticket agent were admissible in evi- 
 dence ; and that the conductor, having been informed of these represen- 
 tations, was not authorized to expel the plaintiff from the train, without 
 first offering to return the excess of fare paid, or to deduct it from the 
 fare demanded, though the rules of the company prohibited passengers 
 from stopping over upon such tickets. 
 
 Bumham v. G. T. By. Co., 63 Me., 298. 
 
ALPHABETICAL LIST 
 
 Of railroads built and in operation in Maine, in 1875. 
 
 Page. 
 Androscoggin Railroad Company 348 
 
 Androscoggin and Kennebec Eailroad Company 281 
 
 Atlantic and St. Lawrence Eailroad Company 9 
 
 Bangor and Orono Railroad (see E. & N. A. E.). 139 
 
 Bangor and Piscataquis Eailroad Company 182 
 
 Bucksport and Bangor Eailroad Company 97 
 
 Buckfield Branch Eailroad Company (see Portland and Oxford Central 
 
 Eailroad Company) !..... 468 
 
 Bath Branch, (see Maine Central Eailroad) 318 
 
 Belfast and Moosehead Lake Eailway Company 407 
 
 Boston and Maine Eailroad 78 
 
 Boston and Maine Eailroad Extension Company (see Boston and Maine 
 
 EailroadJ 89 
 
 Calais Eailway Company, (see St. Croix and Penobscot Eailroad) 552 
 
 Calais Eailroad Company, (see St. Croix and Penobscot Eailroad) , . .557 
 
 Calais and Baring Eailroad Company, (see St. Croix and Penobscot 
 
 Eailroad) 557 
 
 Dexter and Hewport Eailroad Company ' 388 
 
 European and North American Eailway 116 
 
 Great Falls and South Berwick Branch Eailroad Company (see Ports- 
 mouth, Great Falls and Conway Railroad) 528 
 
 Great Falls and Conway Eailroad 538 
 
 Honlton Branch Eailroad Company 234 
 
 Kennebec and Portland Eailroad Company 310 
 
 Knox and Lincoln Eailroad Company •. 244 
 
 Lewiston and Auburn Eailroad Company 273 
 
706 ALPHABETICAL LIST. 
 t 
 Lewy's Island Eailroad Company, (see St. Croix and Penobscot Eailroad).562 
 Maine Central Railroad Company 279 
 
 Maine, New Hampshire and Massachusetts Railroad Corporation, (see 
 
 Boston and Maine Railroad) , 78 
 
 Penobscot Railroad Company, (see E. & N. A. R.) 138 
 
 Penobscot and Kennebec Railroad Company 291 
 
 Penobscot and Kennebec Railroad Company, (see Knox and Lincoln 
 
 RaUroad Company) - -. 244 
 
 Penobscot, Lincoln and Kennebec Railroad Company, (see Knox and 
 
 Lincoln Railroad) 258 
 
 Penobscot and Union River Railroad Company, (see Bucksport and 
 
 Bangor Railroad Company) 97 
 
 Portland and Kennebec Railroad Company, (see Maine Central Eailroad 
 
 Company) 331 
 
 Portland and Ogdensburg Railroad Company 441 
 
 Portland and Oxford Central Railroad Company 468 
 
 Portland and Rochester Eailroad Company 486 
 
 Portland, Saco and Portsmouth Railroad Company 513 
 
 Portsmouth, Great Falls and Conway Railroad Company 528, 539 
 
 Somerset Railroad Company 540 
 
 Somerset and Kennebec Railroad Company 334 
 
 St. Croix and Penobscot Railroad Company 552 
 
 York and Cumberland Eailroad Company, fsee Portland and Rochester 
 
 Eailroad Company) 486 
 
INDEX. 
 
 [thb pigitees bkfee to the page.] 
 
 PRIVATE LAWS. 
 
 Accounts of receipts and disbursements to be kept, &o., 17, 88, 103, 123, 188 
 
 356, 396, 414, 447, 474, 546. . 
 Acts of incorporation repealed, 139. 
 
 Androscoggin Railroad, authorized to purchase L. & P. R., 375. 
 Annual exhibit to be made, 188, 289, 312, 341, 396, 546. 
 Assessments upon shares authorized, 13, 22, 81, 100, 120, 185, 237, 248, 285, 294, 
 
 338, 352, 392, 411, 444, 471, 490, 517, 531, 543, 565. 
 Augusta authorized to aid Ken. & Port. Railroad, 319. 
 
 PUBLIC LAWS. 
 
 Account books to be kept, (see books of account. ) 
 
 " of receipts and disbursements to be kept, 615, 651. 
 
 Accidents serious to be examined into by railroad commissioners, 659. 
 
 Actions for damage how brought, 582, 599. 
 
 " " " against towns may be assumed by railroads, 664. 
 
 Acts to be posted in conspicuous places, 591. 
 
 Aid to railroads, (see municipal aid. ) 
 
 Annual examination by railroad commissioners (see commissioners. ) 
 " report of railroad commissioners, (see commissioners.) 
 " returns of corporations, 594, 605, 612, 657, 677, 679. 
 
 Appeal from decision of county comnissioners, 670. 
 " notice of, 671. 
 
 Aroostook Railroad, acts relating to, 623, 624, 639. 
 
 Assessments how made, 654. 
 
 Assignment of charters and leases prohibited, 596. 
 
 Attorney general, duties of, 596, 644. 
 
 Awards concerning, 602, 603, 622. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Animals, injuries to by railroads, 687, 689, 692, 701. 
 
 Appeals, on questions of damage, 700. 
 
 Assaults and batteries by servants, company liable for, 702. 
 
708 INDEX. 
 
 Assignee of judgment of county commissioners, when not entitled to injunc- 
 tion, 698. 
 Assessments on capital stock, 690, 693, 694, 702. 
 
 PRIVATE LAWS. 
 
 Bath authorized to aid Knox & Lincoln Railroad, 260, 266. 
 " to aid Androscoggin Railroad, 359, 367, 370. 
 " to aid Ken. & Port. Railroad, 319. 
 Bangor authorized to aid Penobscot & Kennebec, 300. 
 " to aid E. & N. A. Railroad, 144, 150, 160. 
 " to have mortgage of E. & N. A. Railroad, 145, 152, 162, 163. 
 " to have lien, on E. & N. A. Railroad, 148, 155, 167. 
 " to aid Bangor & Piscataquis Railroad, 191, 199, 207, 216, 226. 
 " to have mortgage of Bangor & Piscataquis Railroad, 192, ^01, 208, 
 
 218. 
 " may appoint director in Maine Central, 304. 
 Bangor & Oldoown Railroad, lease of, to E. & N. A. Railway, 173. 
 Bangor & Piscataquis Railroad, State may aid, 197, 198. 
 Belfast authorized to aid Belfast & M. L. Railroad, 417, 419. 
 Bluehill authorized to aid B. & B. B., 105. 
 Bowdoinham authorized to aid Ken. & Port. Railroad, 319. 
 Books of subscription to be opened, 12, 81, 99, 119, 184, 253, 284, 293, 337, 351, 
 391, 410, 443, 470, 489, 516, 524, 530, 542. 
 " of corporations open to inspection, 85. 
 " of account, 103, 251, 288, 298, 474, 493, 521, 534. 
 Brewer authorized to aid B. & B. R., 105. 
 Bridges may be erected and must be maintained, 14, 85, 121, 249, 287, 296, 316, 
 
 318, 354, 394, 412, 433, 492, 520, 534. 
 Brownville authorized to aid Bangor & Piscataquis Railroad, 225. 
 Brunswick authorized to aid Ken. & Port., 319. 
 Bucksport authorized to aid B. & B. R., 105, 111. 
 Buckfield Branch Railroad, sale of authorized, 482. 
 
 By-laws may be made, 12, 82, 119, 236, 247, 274, 284, 294, 311, 351, 375, 392, 410, 
 479, 490, 517, 531, 565. 
 
 PUBLIC LAWS. 
 
 Baggage unclaimed how disposed of, 606. 
 Bell, engines to have one, 583, 656. 
 
 " liability for not providing, 584. 
 Bonds, power of railroads to issue, .596. 
 
 " rate of interest, 665. 
 Bondholders, when they may take possession of road, 614. 
 " meetings of, 616. 
 
 " may instruct trustees, 616. 
 
 " may elect trustees, 619. 
 
 " may pay trustees to redeem prior mortgage, 648. 
 
 " may instruct trustees to extend time of redemption, 650. 
 
 Books, claimants under mortgages to have access to, 617. 
 " of account to be kept, 589. 
 
INDEX. 
 
 Brakeman, one to two cars, 587. 
 
 Branch tracks, when may be built, 667. 
 
 Bridges, repair of, 669. 
 
 Burying grounds, &c., not to be taken, 580, 653. 
 
 By-laws, corporations may make, 585. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Baggage, when liable to payment of usual freight, 697. 
 
 Bridges across navigable waters, 688. 
 
 Buckfield Branch Eailroad, sale of, 691. 
 
 Buildings, injur-y to by blasting, 703. 
 
 Burying grounds not to be taken, 693. 
 
 By-law, assessments how afiected by, 702. 
 
 PEIVATE LAWS. 
 
 Capital stock, 11, 26, 48, 80, 90, 91, 99, 101, 118, 126, 134, 157, 184, 236, 247, 261, 
 
 274, 275, 284, 290, 293, 311, 318, 319, 334, 337, 350, 358, 387, 391, 
 409, 443, 470, 476, 479, 489, 496, 515, 522, 523, 524, 525, 530, 541, 549, 
 551, 553, 559, 560, 564. 
 
 Calais authorized to aid Lewy's Island Eailroad, 567, 573, 575. 
 Charters may be revoked, 125, 486. 
 
 " forfeiture of , 342. 
 Charters may be assigned, 242, 397, 482, 495, 548, 561. 
 Commissioners of sinking funds, {see sinking funds.) 
 Concord authorized to aid Somerset Eailroad, 549. 
 Corinna authorized to aid Dexter & N. Railroad, 398. 
 Connections of railroads, 14, 87, 101, 105, 121, 132, 133, 169, 186, 199, 238, 257, 
 
 275, 286, 295, 317, 335, 339, 344, 353, 378, 393, 412, 445, 472, 491, 518, 
 532, 544, 562. 
 
 Contracts between corporations, (see leases.) 
 Conveyances, (see leases and deeds of trust.) 
 Corporations, powers of to take property, (see the first section of each charter 
 
 and references in margin. ) 
 Consolidation, acts of, 87, 89, 258, 300, 359, 373, 432, 449, 498, 536, 575. 
 
 " contracts of 306 and see leases. 
 
 " agreements of, 434. 
 
 " agreement of Maine Central, P. & K., &c., 434. 
 
 PUBLIC LAWS. 
 
 Capital stock, shares how transferred, 584. 
 Cattle guards to be maintained, 642, 643. 
 Certificatfes of stock, how issued, 650, 655. 
 Charters, assignment of prohibited, 596. 
 
 " liable to be amended or repealed, 577. 
 
 " purchasers of, their duties and liabilities, 634. 
 Clerks of corporations, duties of, 585. 
 
 Commissioners, county, powers and duties, 581, 598, 600, 603, 604, 629, 642, 
 645, fees of, 595, 609. 
 
 709 
 
710 
 
 INDEX. 
 
 Commissioners, railroad, appointment and duties, 621, 630, 631, 643, 658, 665, 
 666, 667. 
 
 " annual report of, 632. 
 
 " fees of, 623, 630, 641, 659. 
 
 " annual examination of roads, 630, 645, 658. 
 
 " when to determine rates between connecting roads, 632. 
 
 " may reduce rate of speed, 643. 
 
 " to examine into cause of accident, 659. 
 Conductors, duties of in certain cases, 663. 
 Contractors, companies when liable for trespass of, 600. 
 Coupons, actions on, 612. 
 County attorney, duties of, 597. 
 Court, powers of, in certain cases, 592, 597, 600, 619, 620, 622, 631, 642, 644, 
 
 645, 652. 
 Corporations, powers, duties and liabilities, 577. 
 
 " may take property for certain purposes, 579. 
 
 Corporate funds when not to be divided, 591. 
 Crossing of highways, notice of, 583, 656, 663. 
 " railroads at grade, 613, 622. 
 " railroads and canals, 669, 673. 
 
 DECISIONS OP SUP. JUD. COUET. 
 
 Care and prudence, (see negligence.) 
 Cars may be unloaded in highway, when, 699. 
 Capital stock, shares how fixed, 690, 694. 
 Cattle, injuries to, (see animals.) 
 Charter, forfeiture of, 689. 
 
 " how to be construed, 703. 
 
 " renewal of, 700. 
 
 " when may be modified, 692. 
 
 " is a private contract between State and corporation, 692. 
 Commissioners appointed by the court, 691. 
 Common carriers of passengers, liability of, 697. 
 
 " liability of for acts of servants, 702. 
 
 County Commissioners, 688, 689, 700. 
 
 Connecting railroads, 691, 696. i 
 
 Courts may determine the duties enjoined on a road by its charter, 703. 
 
 PRIVATE LAWS. 
 
 Damages for lands taken, how ascertained, 10, 19, 79, 83, 98, 100, 117, 184, 185,' 
 285, 246, 283, 292, 336, 350, 390, 409, 443, 469, 471, 488, 583, 541, 564. 
 
 Damariscotta authorized to aid Knox & Lincoln Eailroad, 255, 266. , 
 
 Deeds of trust, 51, 461, 464, 499, 504, 510. 
 
 Dexter authorized to aid Dexter & Newport Railroad, 398. 
 
 Directors, how chosen and qualified, 11, 80, 99, 104, 110, 119, 124, 137, 147, 148, 
 155, 167, 184, 195, 212, 214, 223, 252, 256, 261, 274, 275, 284, 293, 327, 
 337, 342, 351, 356, 891, 409, 458, 459. 
 
 Disbursements and receipts, accounts of, how kept, 17, 103, 123, 298, 341, 356. 
 
INDEX. 711 
 
 Dividends, 44. 
 
 Dover authorized to aid B. & P. Railroad, 198. 
 
 Dwelling houses not to be taken, 580. 
 
 PUBLIC LAWS. 
 
 Damages, companies when liable for and how ascertained, 580, 582, 599, 600, 
 602, 604, 629, 636, 642, 671. 
 " actions for, when and how to be brought, (see action for damages.) 
 Death by accident, duty of county attorney, 597. 
 
 " " negligence, penalty for, 610. 
 Depots may be built by railroad commissioners, 666. 
 
 " companies may take land for, 652, 658. 
 Deposits of security how made, 604. 
 Directors, number may be fixed by companies, 664. 
 " when city or town is entitled to one, 686. 
 Dwelling houses, &c., not to be taken, 580, 653. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Damages, cases where railroads are liable, 687, 688, 689, 690, 692, 694, 696, 700, 
 703. 
 
 " punitory, when authorized, 703. 
 Death by negligence of corporation, 702. 
 Depots, railroad commissioners may build, 703. 
 Director of railroad when he can derive no benefit from contract, 699. 
 
 " are not sole judges of duties enjoined by charter, 703. 
 
 PRIVATE LAWS. 
 
 European & N. A. Railroad authorized to purchase certain railroads, 134. 
 
 " to purchase Bangor, O. & M. Railroad, 173. 
 
 " State, may aid, 140. 
 
 " . contract with M. C. R., 136. 
 
 " lease its line, 137. 
 
 " aid granted to by State, 140, 169. 
 Exhibit of railroads to be made, 188, 841. 
 
 PUBLIC LAWS. 
 
 Earnings of roads, how applied in certain cases, 615, 651, 656. 
 
 Engines to have bell attached, 583. 
 
 Engineers, duty of in certain cases, 663. 
 
 E. & N. A. Railroad authorized to take line of Aroostook Railroad, 638, 640. 
 
 Examination by railroad commissioners, see railroad commissioners'. 
 
 Executions- against railroads, how satisfied, 659. 
 
 Express companies entitled to equal privileges, 660. 
 
 DECISIONS OP SUP. JUD. COURT. 
 
 Embankment, erection of, damage how ascertained, 687. 
 Express Companies to have equal privileges on railroads, 699. 
 
712 INDEX. 
 
 PErVA.TE LAWS. 
 
 Farmington village corporation autliorized to aid Androscoggin Railroad, 377. 
 Fences must be erected and maintained by railroads, 15, 102, 122, 187, 249, 
 
 287, 296, 339, 354, 394, 413, 446, 473, 492, 544. 
 Foreclosure of mortgages given by railroads, 32, 107, 145, 152, 158, 163, 166, 
 
 193, 201, 210, 219, 240, 257, 264, 265, 268, 271, 325, 362, 400, 569. 
 Franchise, when may be sold, (see charters. ) 
 
 PUBLIC LAWS. 
 
 Fares, (see tolls.) 
 
 Farm crossings, (see cattle guards.) 
 
 Fences, railroads to maintain, 587, 599, 606, 662, 667, 684. 
 
 " penalty for injury to, 672. 
 Fire, companies liable for damage by,.587. 
 Flagman, 663. 
 
 Foreclosure, (see mortgage.) 
 Franchise^ purchasers of, their duties, 634. 
 
 DECISIONS OF SUP. JUD. COUET. 
 
 Fares paid by passenger is compensation for transporting him and baggage, 
 
 697. 
 Fences, erection and maintenance of, 687, 689, 690, 692, 700, 701. 
 Fires, injuries by, 688, 690, 700. 
 Flagman at crossings, 698. 
 Forfeiture of charter, 689. 
 
 PRIVATE LAWS. 
 
 Gates may be erected, 14. 
 
 Governor and council may inquire into doings of railroads, (see legislature.) 
 Governor authorized to convey lands to E. & N. A. Railroad, 169. 
 Gardiner authorized to aid Ken. & Port. Railroad, 319. 
 
 PUBLIC LAWS. 
 
 Gambling on trains prohibited, 672, 673. 
 Gates when to be erected, 583, 674. 
 Guage, change of prohibited, 629. 
 Grades, when they may be altered, 581. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Grading, outside of location, company liable for damage, 700. 
 Gauge when it may be changed, 696. 
 
 PRIVATE LAWS. 
 
 Hallowell authorized to aid Ken. & Port. Railroad, 319. 
 Highways how crossed and not to be obstructed, (see ways.) 
 Houlton authorized to aid Houlton Branch Railroad, 238. 
 " to have mortgage and lien thereon, 240, 242. 
 
INDEX. 
 
 PUBLIC LAWS. 
 Highways, course of may be altered, 582. 
 " railroads not to pass along, 598. 
 " crossing of regulated, 598. 
 
 DECISIONS OF SUP. JUD. COURT. 
 Highways, cars may be unloaded in, when, 699. 
 " railroads are public, 703. 
 " may be taken by railroads, 688. 
 " tracks of railroads constructed across, 688, 690, 691, 692, 694, 695, 
 
 696. 
 " care to be exercised in crossing, 698. 
 Horse, injuries to, (see animals.) 
 
 PRIVATE LAWS. 
 Immigration, act to promote, 172. , 
 Income of railroads, above a certain per centage, how disposed of, 82, 104, 
 
 124, 189, 202, 251, 298, 312, 317, 341, 356, 396, 448, 494, 532, 546. 
 Injury to railroads, (see malicious mischief.) 
 
 PUBLIC LAWS. 
 
 Income not to be divided in certain cases, 593. 
 Injunction, writ of, 600, 601, 602, 629, 681, 642, 644. 
 Injuries to passengers, how paid, 587. 
 
 " " railroads, (see malicious mischief.) 
 Interest, rate of, on bonds, 665. 
 Intoxication by employees, how punished, 597. 
 
 DECISIONS OF SUP. JUD. COURT. 
 Injuries to, in crossing highways, 698. 
 
 " " buildings by blasting, 703. 
 
 " " passengers, 697. 
 
 " arising from want of fence, 689. 
 
 " " by fires, 688, 700. 
 
 " to cattle, 687. 
 
 " to lands, 687, 700. 
 
 " by horse being frightened by locomotive whistle, 697. 
 
 " for acts done in conformity to law, 690. 
 Insurance on property, what may be effected, 688. 
 
 PUBLIC LAWS. 
 Jury in case of appeals, 646. 
 
 DECISIONS OF SUP. JUD. COURT. 
 Jury how to estimate damage for taking land, 696. 
 
 PRIVATE LAWS. 
 Lease E. & N. A. R., authorized to lease, 134, 137, 157. 
 « of E. & N. A. R., of N. B., and E. & N. A. R., of Me., confirmed, 174. 
 " or contract between B. & N. A. R. and M. C. R., 436. 
 " of Houlton Branch Railroad, authorized, 343. 
 
 45 
 
 713 
 
714 
 
 INDEX. 
 
 Lease of Knox and Lincoln authorized, 357, 368, 365, 371, 373. 
 
 " " Ken. & Port, authorized, 305. 
 
 " " Leeds & Farm. Railroad, to Androscoggin Jtailroad, 381. 
 
 " " Lewy's Island Railroad authorized, 566. 
 " sale " « " " 561. 
 
 " or contract of Leeds & Farm. Railroad, with M. C. R., 385. 
 
 " of Lewiston & Auburn to G. T. R., 376. 
 
 " or contract of M. C. R. and P. & K., 433, 437. 
 
 " " contract of consolidation of certain roads, 434. 
 
 " " contract between M. C. R. and B. & N. A. R., 436. 
 
 " " contract between M. C. R. and Eastern Railroad, 437. 
 
 " of Penob. & Ken. to E. & N. A. R., authorized, 134. 
 
 " " Port. &Ogd., and consolidation authorized, 449, 460. 
 
 " " " " " and other roads, 460. 
 
 " " Portsmouth, Great Falls and Conway authorized, 535. 
 
 " or contract between Port. & R. R., and city of Portland, 511. 
 
 " of P., S. & P., authorized, 535, 536. 
 
 " " Som. & Ken., authorized, 305. 
 
 " " " " " to Port, and Ken., 345. 
 
 " " " " " " " " extended, 347. 
 
 " " Somerset Railroad, authorized, 548. 
 
 " "St. Croix & Penob., authorized, 566. 
 
 PRIVATE LAWS. 
 
 Lands, how taken for railroads, (see charters. ) 
 " " taxed, (see taxation.) 
 
 " " conveyed by State to E. & N. A. E., 169, 170, 171. 
 " " conveyed by State to B. & P. K., 197. 
 Lease of Androscoggin E. to M. C. E., 378. 
 
 " A. & K. to P. & K, (consolidation), 306. 
 " At. & St. L., authorized, 41. 
 " or contract of At. & St. L. with P. S. & P., 49. 
 " At. & St. L. to trustees for G. T. E., 56. 
 " Assignment of same to G. T. E., 70. 
 " Supplement to same, 75. 
 " B. & B. E. to cons. E. & N. A. R, 113. 
 " B. & B. R. to cons. E. & N. A. E., ratified, 226. 
 " or contract of B. & M. with M. C. E., 93. 
 B. & M. L. E. authorized to make a lease, 418. 
 Lease of B. & N. L. E. to M. C. E., 420. 
 
 " B. & P. to cons. E. and N. A. E., 229. ' 
 " D. & N. E. to M. C. E., authorized, 398. 
 " D. & JSr. E. to M. C. E., 404. 
 Legislature authorized to inquire into the doings of corporations, 18, 85, 104, 
 , 124, 143, 189, 252, 290, 299, 312, 317, 342, 357, 397, 414, 415, 448, 475, 
 
 483, 495, 518, 532, 535. 
 Legislature, certain powers of, 171. 
 
 Lien, for transportation of articles, <fec., 15, 102, 122, 187, 250, 287, 297, 313, 
 340, 355, 395, 446, 545. 
 " of cities and towns on roads for aid, 321, 328, 365, 403, 572. 
 
INDEX. 
 
 PUBLIC LAWS. 
 
 Lease, assignment of, prohibited, 596. 
 
 Xessees of foreign corporations to pay judgments, 681. 
 
 Liability of ofaoers of railroads, 631. 
 
 Limitation of right of action, 603. 
 
 Location of railroad may be amended, 629. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Legislature, authority of, 688, 691, 692, 693, 696. 
 Lessees of railroad, when liable, 690, 691. 
 Location of road, 687. 
 " filing of, 700. 
 
 PRIVATE LAWS. 
 
 Mails, U. S., to be carried, 15, 86, 102, 122, 125, 187, 250, 287, 296, 314, 340, 354, 
 
 394, 413, 473, 481, 492, 521, 535, 545. 
 Malicious mischief, obstruction and damage to corporations, how punished, 
 
 16, 84, 102, 123, 188, 250, 288, 297, 314, 340, 355, 387, 395, 413, 447, 
 
 473, 493, 519, 533, 545, 5^6. 
 Maine Central Eailrbad, 279. 
 
 " " " contract of, consolidation of, 306. 
 
 I " " " authorized to make a loan, 429. 
 
 Massachusetts "claims" assigned to E. & N. A. K., 142. 
 Mortgages of railroads authorized, 31, 32, 39, 107, 145, 152, 157, 163, 192, 201, 
 
 208, 218, 240, 255, 263, 324, 361, 367, 368, 369, 376, 400, 453, 460, 569. 
 Mortgage of certain roads to trustees, 429. 
 Municipal subscription authorized, 105, 111, 416, 417. 
 
 PUBLIC LAWS. 
 
 Malicious injury to railroads how punished, 590, 671. 
 
 Meeting of bondholders, how called, 647. 
 
 Meeting houses, &c., not to be taken, 580, 653. 
 
 Mortgage, foreclosure of, how made, and rights to redeem, 614, 616, 617, 618, 
 
 635, 646, 653, 654, 655, 660. 
 Municipal aid authorized, 657, 661. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Mandamus, writ of, where it lies, 703. 
 
 Mayor and aldermen, consent of to be had to cross streets, 691. 
 
 Meeting houses, &o., not to be taken, 693. 
 
 Municipal aid, 702. 
 
 PRIVATE LAWS. 
 
 Newcastle authorized to aid Knox & Lincoln Railroad, 255, 266, 269. 
 Nobleboro' authorized to aid Knox & Lincoln Railroad, 255, 266, 269. 
 
 715 
 
INDEX. 
 
 PUBLIC LAWS. 
 
 Negligence, penalty for, 587. 
 
 Offices of corporations to be kept in this State, 585. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Navigation of rivers, obstruction of, 688. 
 Negligence in running locomotives, 688. 
 
 " in crossing streets, 695, 698, 699. 
 
 " in not employing flagmen at crossings, 698. 
 
 " by reason of which life is lost, 702. 
 
 " child, guilty of, vyhen, 699. 
 
 PEIVATE LAWS. 
 
 Obstructions to ways by railroads prohibited, 92. 
 Orland authorized to aid B. & B. E., 105. 
 Orrington authorized to aid B. & B. E., 105. 
 Parkman authorized to aid D. & N. E., 398. 
 Penobscot authorized to aid B. & B. E., 105. 
 Personal property where taxable, (see taxation.) 
 
 " " may be taken, (see corporations. ) 
 
 Portland authorized to loan its credit, 20, 26, 36, 38, 450, 452, 502, 506. 
 
 " lien of, on roads for aid, 22, 28, 47. 
 
 " to have mortgage to secure it, 31, 32, 453. 
 
 " may appoint a director in certain cases, 35. 
 
 PUBLIC LAWS. 
 
 Passengers, injuries to, how paid, 587. 
 
 Paupers not to be brought into the State, 681, 686. 
 
 Penalty for neglect to make return, 679. 
 
 " " " " " annual report, 605. 
 
 " " change of guage, 629. 
 
 " " neglect to make examinations, 630. 
 
 " " discriminating between express companies, 660. 
 
 " " injuring fences, 672. 
 
 " " endangering human life, 672. 
 
 " " gambling in cars, 672. 
 
 " " not running trains, 674. 
 
 " " not making returns for taxation, 680. 
 Personal liability of officers of corporations, 631. 
 Petition to legislature for charter, what it must contain, 664. 
 
 " for assessment of damages, 665. 
 Public lands, board for managing, 636. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 passenger, when he may be expelled from car, 703. 
 Police power retained by the people, 691. 
 
 " regulation when upheld, 693. 
 Public uses, what may be taken for, 693. 
 Punitory damages, when authorized, 703. 
 
INDEX. 717 
 
 PRIVATE LAWS. 
 
 Real estate when taxable, (see taxation.) 
 
 Records of commissioners of sinking fund to be kept, (see commissioners of 
 
 sinking fund.) 
 Rockland authorized to aid K. &.L. R., 255, 266, 269. 
 Richmond authorized to aid K. & L. R., 260. 
 " " K. & P. R., 319. 
 Roads width of, (see width of roads.) 
 
 PUBLIC LAWS. 
 
 RaUroads, annual returns of, to be made, 594. 
 
 " assignment of charters prohibited, 596. 
 
 " crossing highway, notice how posted, 583. 
 
 " "connecting roads," 586. 
 
 " commissioners, (see commissioners.) 
 
 " crossings how regulated, 618. 
 
 " how taxed, 588. 
 
 " may alter course of highways, 583. 
 
 " may carry railroad over road, canal, &c., 583. 
 
 " Hable.for damages, (see da,mages.) 
 
 " to provide bell on engines, 588. 
 
 " to carry persons, &c., of connecting roads, 586. 
 
 " negligence of, how punished, 587. 
 
 " to maintain fences, (see fences.) 
 
 " liable for damages by fire, 587. 
 
 " to have agents in this State, &c., 588. 
 
 " have power to issue bonds, 596. 
 
 " may take property for certain purposes, (see corporations.) 
 
 " liable for damages done by contractors, 600. 
 
 " fares and tolls (see tolls.) 
 
 " may take land for depots, 653. 
 
 " may take land for borrow and gravel pits, 670. 
 
 " must be operated, 668, 674. 
 
 " may establish fares, 670. 
 
 " to make report to railroad commissioners, 677, 679. 
 
 " not to locate near a depot of another road, 668, 669. 
 Receivers when to be appointed, and duties, 675, 676. 
 Records to be kept in this State, 585. 
 
 ■" " " open to inspection, 593. 
 Redemption, right of, (see mortgage.) 
 Report of railroads to be made to commissioners, 677. 
 Returns to be made to Secretary of State, (see annual returns.) 
 Rolling stock of road, when it may be sold on execution, 659. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Railroads are public highways, 703. 
 
 " when liable to towns for defective highways, 694, 695; 
 " commissioners may locate depots, when, 703, 704. 
 
718 
 
 INDEX. 
 
 Kailroads, location of tracks, 692. 
 
 " what are "crossing" and "connecting," 691, 693. 
 
 " wlien liable for acts of contractor, 694. 
 
 " authority of, to take land, 687, 689. 
 
 " representation of ticket agent, when admissible against company, 704- 
 Real estate, time of taking, 690. 
 Rules of company may be enforced, 703. 
 
 PRIYATB LAWS. 
 
 State, rights of, fsee legislature.) 
 
 " aid to B. & N. A. R., 140, 157, 169, 170, 171. 
 Surry authorized to aid B. & B. R., 105. ' 
 
 Schools, when to receive moiety of income of railroads, 83, 582. 
 Selectmen, duties of, relating to ways, 581. 
 Sinking funds established, 22, 23, 24, 25, 28, 29, 30, 31, 36, 40, 42, 45, 46, 321, 
 
 322, 327, 454, 507. 
 Stock, capital, (see capital stock.) 
 
 " vote, 44. 
 
 " where taxable, (see taxation.) 
 
 " subscription to, (see books of subscription.) 
 Stockholders, liabUity of, 484, 500, 537. 
 
 PUBLIC LAWS. 
 
 Secretary of State to prepare tabular forms, 595. 
 Selectmen, duty of in certain cases, 581. 
 ' ' when authorized to vote, 658. 
 Shareholders, liability of, for debts of corporation, 577, 579, 640. 
 
 " names of, to be given by clerks to officers, 579. 
 Shares, how transferred, 584, 586. 
 
 " personal estate, 589. 
 Side tracks, when company may build, 658. 
 Signals to warn approaching trains, 673. 
 Stock vote, when may be had, 668. 
 
 Stockholders may demand account of sums paid by trustees, 651. 
 Suits against towns, companies may defend, 664. 
 
 DECISIONS OP SUP. JUD. COURT. 
 
 Selectmen, when they may bind towns to take stock, 702. 
 Shares of delinquent subscriber, sale of, 694. 
 
 " " stock, number how fixed, 690. 
 Side tracks, when may be laid, 692. 
 Signals may be established for starting trains, 697. 
 Steam whistle, degree of care to be used in sounding, 697. 
 Subscription, action on, 701. 
 
INDEX. 719 
 
 PRIVATE LAWS. 
 
 Taxation of real and personal estate, when, 17, 103, 134, 188, 189, 351, 389, 298, 
 
 316, 341, 856, 887^ 896, 414, 447, 474, 494, 513, 546. 
 Certain roads exempt by statute, 198. 
 Thomaston authorized to aid K. & L. R., 355, 366, 369. 
 Tolls granted, 13, 83, 83, 101, 130, 186, 337, 348, 374, 385, 313, 888, 353, 389, 393, 
 
 411, 445, 473, 480, 491, 517, 531, 548, 553, 555, 558, 559, 566. 
 Topsham authorized to aid Ken. &Port., 319. 
 Transfer books, 44. 
 Trees standing within four rods, when may be removed, 11, 80, 99, 118, 184, 335, 
 
 388, 393, 395, 336, 350, 890, 409, 448, 479, 488, 515, 539, 541, 564. 
 Trust deeds, (see deeds of trust.) 
 Trustees of mortgages to secure bonds, 38, 170. 
 
 PUBLIC LAWS. 
 
 Taxation of raUroads, 588, 589, 679, 681, 683, 683, 684, 685. 
 Tickets good for six years, 667, 668. 
 
 " excursion, 671. 
 Timber lands, given to Aroostook Railroad, 636. 
 
 DECISIONS OF SUP JUD. COURT. 
 
 Taxation, what is subject to, 687. , 
 
 Tickets over several lines, regarded as one ticket for each line, 697. 
 
 " " railroad and steamboat lines, 698. 
 
 " " "good for this day only," 704. 
 
 " agent representations of, when binding on company, 704. 
 Tide waters, 687, 688. 
 Timber, damage to, "along its route," 690. 
 Towns, subscription of, to stock, 703. 
 
 PUBLIC LAWS. 
 
 Tender of amount due on mortgage, 660. 
 ToUs, regulation of, 605, 608. 
 
 " penalty for evading, 609. 
 Towns authorized to make contracts, 657. 
 Tracks, when branch may be built, 667. 
 Trains to wait at crossings, 623. 
 
 " speed of may be reduced by commissioners, 643. 
 Transfer of stock how made, 584, 586. 
 Trustees of bondholders, authority of, &c., 615, 630. 
 
 •' " " UabUity of, 615. 
 
 " " " compensation of, 616. 
 
 " " " when to transfer property, 617. 
 
 " " " not to be removed until secured, 630. 
 
 " " " may hold road as assignees, 646. 
 
 " " " may call meeting of bondholders, 647. 
 
 " " " to give notice to bondholders, 647. 
 
 " " " subject to laws of legislature, 644. 
 
720 INDES. 
 
 DECISIONS OF SUP. JUD. COURT. 
 
 Tracks, location of, 693. 
 
 Trains, signals for starting may be established, 697. 
 
 Trees, (see timber.) 
 
 Trespass, action of, 689. 
 
 PRIVATE LAWS. 
 Votes fstock), 44. 
 
 PUBLIC LAWS. 
 
 Value of franchise, how determined, 680. 
 Vote, stockholder may call for stock vote, 668. 
 
 PRIVATE LAWS. 
 
 Ways not to be obstructed, 14, 84, 101, 131, 186, 249, 386, 395, 339, 353, 393, 
 
 473, 491, 534, 544. 
 Waldoboro authorized to aid K. & L. R., 355, 366, 369. 
 Warren authorized to aid K. & L. R., 255, 366, 369. 
 Wharves, railroads may build, 19, 113, 262, 418. 
 Width of roads, 10, 79, 383, 349, 443, 469, 488, 515. 
 Wiscasset authorized to aid K. & L. R., 355, 366, 369. 
 
 PUBLIC LAWS. 
 Whistle, steam, when to be sounded, 641, 656. 
 
 DECISIONS OP SUP. JUD. COURT. 
 
 Whistle, (see steam whistle.) 
 
 Writ of mandamus, (see mandamus.)