7 this Act, and of the Directors for the time being, of 8 the Boston and Worcester Rail Road Corporation, 9 at such time, and in such places in the city of Bos10 ton and elsewhere, as they shall appoint, to remain 11 open for ten successive days, of which time and 12 places of subscription, public notice shall be given 13 in one or more newspapers published in the counties 14 of Suffolk, Worcester, Hampden, and Berkshire, ten 15 days at least previous to the opening of such sub16 scription; and in case the amount subscribed shall 17 exceed twenty thousand shares, the stockholders for 18 the time being, in the Boston and Worcester Rail 19 Road Corporation, shall be entitled, in preference to 20 other subscribers, to hold any number of shares sub21 scribed for by them, not exceeding the number they 22 may hold in the stock of the said Boston and Wor23-cester Rail Road Corporation, and the remainder 24 shall be distributed among all the subscribers, ac25 cording to such regulations as the persons having 26 charge of the opening of the subscription books shall 27 prescribe. And any three of the persons named in 28 the first section of this Act, are hereby authorized 29 to call the first meeting of the said corporation, by 30 giving notice in one or more newspapers published 31 in each of the counties above named, of the time, 32 place and purpose of such meeting, at least ten days 33 before the time mentioned in such notice. And the 34 immediate government of said corporation shall be 35 vested in a Board of not less than seven Directors, 36 who shall be chosen by the members of the Corpo37 ration, in the manner herein after provided, and shall 38 hold their offices until others shall be duly elected 39 and qualified to take their places as Directors, a

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40 majority of whom shall form a quorum for the trans41 action of business, shall elect one of their number to 42 be the President of the Board, who shall also be the 43 President of the Corporation, and shall have authority 44 to choose a Clerk, who shall be sworn to the faithful 45 discharge of his duty, and a Treasurer, who shall 46 give bonds to the corporation with sureties to the 47 satisfaction of the Directors, in a sum of not less 48 than twenty thousand dollars, for the faithful dis49 charge of his trust.

1 SEC. 3. Be it further enacted, That the President. 2 and Directors for the time being, are hereby author3 ized and empowered, by themselves or their agents, 4 to exercise all the powers herein granted to the cor5 poration, for the purpose of locating, constructing 6 and completing said rail road, and for the transpor7 tation of persons, goods, and merchandize, and all 8 such power and authority for the management of the 9 affairs of the corporation as may be necessary and 10 proper to carry into effect the objects of this grant ; 11 to purchase and hold land, materials, engines, cars, 12 and other necessary things in the name of the cor13 poration, for the use of said road, and for the trans14 portation of persons, goods and merchandize; to 15 make such equal assessments from time to time on 16 all the shares in the said corporation, as they may 17 deem expedient and necessary in the execution and 18 progress of the work, and direct the same to be paid 19 to the Treasurer of the corporation. And the Treas20 urer shall give notice of all such assessments; and 21 in case any subscriber or stockholder shall neglect 22 to pay any assessment on his share or shares for the 23 space of thirty days after due notice by the Treasurer

24 of said corporation, the Directors may 25 Treasurer to sell such share or shares at 26 tion, after giving due notice thereof, to 27 bidder, and the same shall be transferred t 28 chaser, and such delinquent subscriber or 29 der shall be held accountable to the corpo 30 the balance, if his share or shares sell for 31 the assessments due thereon, with the inte 32 costs of sale; and shall be entitled to the 33 if his share or shares shall sell for more than 34 sessments due, with the interest and costs of 35 Provided, however, that no assessments shall 36 upon any shares in said corporation of ag 37 amount in the whole, than one hundred dollars 38 share.

1 SEC. 4. Be it further enacted, That the sai 2 poration shall have power to make, ordain and 3 tablish all such by-laws, rules, regulations and 4 nances, as they shall deem expedient and necess 5 to accomplish the designs and purposes, and to c 6 into effect the provisions of this Act, and for 7 well ordering, regulating and securing of the inte 8 ests and affairs of the corporation: Provided, 9 same be not repugnant to the constitution and la 10 of the Commonwealth.

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SEC. 5. Be it further enacted, That a toll be, an 2 hereby is granted and established, for the sole bene 3 of said corporation, upon 4 of all descriptions, which may be conveyed or transall passengers and 5 ported upon said road, at such rates per mile as may property 6 be agreed upon and established from time to time 7 by the Directors of said corporation. The transpor 8 tation of persons and property, the construction of

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els, the form of cars and carriages, the weight pads, and all other matters and things in relation. he use of said road, shall be in conformity with h rules, regulations and provisions as the Direcs shall from time to time prescribe and direct; d said road may be used by any persons who shall mply with such rules and regulations: Provided, wever, that if at the expiration of ten years from d after the completion of said road, the net in

o th me or receipts from tolls and other profits, taking

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e ten years aforesaid as the basis of calculation, hall have amounted to more than ten per cent. per nnum upon the cost of the road, the Legislature nay take measures to alter and reduce the rate of tolls and other profits in such manner as to take off the overplus for the next ten years, calculating the amount of transportation upon the road to be the same as in the ten preceding years; and at the exions: piration of every ten years thereafter, the same proceedings may be had. Provided, further, That the Legislature shall not at any time so reduce the tolls and other profits as to produce less than ten per 1 cent. upon the cost of the said rail road, without the 2 consent of said corporation, and no other rail road on 33 than the one hereby granted, shall, within thirty 34 years from the passing of this Act, be authorized to 35 be made, leading from Worcester or Millbury to the 36 county of Hampden, or from Springfield to the coun37 ty of Berkshire.

of

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SEC. 6. Be it further enacted, That the Directors

2 of said corporation for the time being, are hereby 3 authorized to erect toll houses, establish gates, appoint toll gatherers, and demand toll upon the road

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24 of said corporation, the Directors may order the 25 Treasurer to sell such share or shares at public auc26 tion, after giving due notice thereof, to the highest 27 bidder, and the same shall be transferred to the pur28 chaser, and such delinquent subscriber or stockhol29 der shall be held accountable to the corporation for 30 the balance, if his share or shares sell for less than 31 the assessments due thereon, with the interest and 32 costs of sale; and shall be entitled to the overplus, 33 if his share or shares shall sell for more than the as34 sessments due, with the interest and costs of sale: 35 Provided, however, that no assessments shall be laid 36 upon any shares in said corporation of a greater 37 amount in the whole, than one hundred dollars on a 38 share.

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SEC. 4. Be it further enacted, That the said cor2 poration shall have power to make, ordain and es3 tablish all such by-laws, rules, regulations and ordi4 nances, as they shall deem expedient and necessary 5 to accomplish the designs and purposes, and to carry 6 into effect the provisions of this Act, and for the 7 well ordering, regulating and securing of the inter8 ests and affairs of the corporation: Provided, the 9 same be not repugnant to the constitution and laws 10 of the Commonwealth.

1

SEC. 5. Be it further enacted, That a toll be, and 2 hereby is granted and established, for the sole benefit 3 of said corporation, upon all passengers and property 4 of all descriptions, which may be conveyed or trans5 ported upon said road, at such rates per mile as may 6 be agreed upon and established from time to time 7 by the Directors of said corporation. The transpor8 tation of persons and property, the construction of