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21 ces contrary to the above provisions, and on con22 viction thereof before any court competent to try 23 the same, shall pay a fine, not exceeding one hun24 dred dollars, nor less than thirty dollars, to the use 25 of the Commonwealth, or may be imprisoned for 26 a term not exceeding one year, at the discretion of 27 the court before whom the conviction may be had. SEC. 10. Be it further enacted, That the annual 2 meeting of said company shall be holden at such 3 time and place as said company, by their by-laws, 4 shall prescribe, at which meeting the Directors shall 5 be chosen by ballot, each proprietor being entitled to 6 as many votes as he holds shares: Provided, That 7 no vote shall be given by any proprietor by virtue 8 of any share held by him, exceeding one tenth part 9 of the whole number of shares. And the persons 10 named in this act, or any two of them, are hereby 11 authorized to call the first meeting of said company, 12 by giving notice in the Massachusetts Spy, pub13 lished in Worcester, of the time, place and purpose of 14 such meeting, at least ten days before the time men15 tioned in such notice. And the directors are hereby 16 authorized to call special meetings of the stockhold17 ers whenever they shall deem it expedient and prop18 er, giving such notice as the company, by their by19 laws shall direct.

1 SEC. 11. Be it further enacted, That if the said 2 rail road, in the course thereof, shall cross any pri3 vate way, the said company shall so construct their 4 road as not to obstruct the safe and convenient use 5 of such private way; and if said rail road shall 6 not be so constructed, the party aggrieved shall be 7 entitled to his action on the case in any court proper

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8 to try the same, and shall recover his reasonable 9 damages for such injury: and if the said rail road 10 shall, in the course thereof, cross any canal, turn11 pike, or other highway, the said rail road shall be so 12 constructed as not to impede or obstruct the safe 13 and convenient use of such canal, turnpike or highway. And the said company shall have the power 15 to raise or lower such turnpike, highway, or pri16 vate way, so that the said rail road, if necessary, 17 may conveniently pass under or over the same; and 18 if said company shall raise or lower any such turn19 pike, highway or private way, and shall not so raise 20 or lower the same as to be satisfactory to the pro21 prietors of such turnpike, or to the selectmen of the 22 town in which such highway or private way be situ23 ated, said proprietors or selectmen may require in 24 writing of said company, such alteration or amend25 ment therein as they think necessary. And if the 26 required amendment or alteration be reasonable and 27 proper, in the written opinion of the County Commis28 sioners for the county in which such alteration or 29 amendment is proposed to be made, and the said 30 company shall unreasonably and unnecessarily ne31 glect to make the same, such proprietors or select32 men, as the case may be, may proceed to make such 33 alteration or amendment, and may institute and pro34 secute to final judgment and execution, in any court 35 proper to try the same, an action of the case therefor 36 against said company, and shall therein recover rea37 sonable damages for all charges, disbursements, la38 bor and services, occasioned by making such alter39 ation or amendment, together with costs of suit. SEC. 12. Be it further enacted, That if the said

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2 company shall not have been organized, and the 3 location of their rail road filed with the County Com4 sioners of the county wherein the same is located, 5 previous to the first day of July, in the year of our 6 Lord eighteen hundred and thirty six, or if the 7 said company shall fail to complete said rail road 8 previous to the first day of July, in the year of our 9 Lord eighteen hundred and thirty eight, in either of 10 the above mentioned cases this act shall be null and 11 -void.

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SEC. 13. Be it further enacted, That said com2 pany shall constantly maintain in good repair, all 3 bridges with their abutments and embankments, 4 which they may construct, for the purpose of con5 ducting their rail road over any canal, turnpike, 6 highway or private way, or for conducting such 7 turnpike, highway or private way over said rail road. 1 SEC. 14. Be it further enacted, That the legisla2 ture may authorize any company to enter with an3 other rail road at any point in said Worcester and 4 Norwich rail road, paying for the right of using the 5 same, or any part thereof, such a rate of toll as the 6 legislature may, from time to time, prescribe, and 7 complying with such rules and regulations as may 8 be established by said Worcester and Norwich rail 9 road company, by virtue of the fifth section of this 10 act. And it shall be the duty of said company, from 11 year to year, to make report to the legislature under 12 oath, of their acts and doings, receipts and expendi13 tures under the provisions of this act; and their 14 books shall at all times be open to the inspection of 15 any committee of the legislature appointed for that 16 purpose, and if said company shall unreasonably

17 neglect or refuse to make such report, at the expira18 tion of every year after the opening of said rail road, 19 for every such neglect or refusal, they shall forfeit 20 and pay to the use of the Commonwealth a sum not 21 exceeding ten thousand dollars, to be recovered by 22 action or indictment in any court of competent juris23 diction.

1 SEC. 15. Be it further enacted, That the said Wor2 cester and Norwich rail road company be, and they 3 hereby are authorized to enter and unite their rail 4 road with the Boston and Worcester rail road, at 5 any point therein within said towns of Worcester or 6 Millbury, upon the terms and agreeably to the pro7 visions contained in an "act to establish the Boston 8 and Worcester Rail Road Corporation," passed on 9 the twenty third day of June, in the year of our Lord 10 eighteen hundred and thirty one.

1 SEC. 16. Be it further enacted, That the govern2 ment of the Commonwealth, at any time during the 3 continuance of the charter of the Worcester and 4 Norwich rail road company, after the expiration of 5 twenty years from the time of the completion of said 6 road may purchase the same of said company, and all 7 the franchise, rights and privileges of said company, 8 by paying them therefor the amount expended in mak9 ing said road, and in case, at the time of such pur10 chase the said company shall not have received a 11 net income equal to ten per cent. per annum on the 12 amount of such expenditure, from the time of the 13 payment thereof by the stockholders, by paying said 14 company such additional sum as, together with the 15 tolls and profits of every kind, which they shall have

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16 received from said rail road, will be equal to a net 17 profit of ten per cent. per annum on the cost of said 18 road, from the time of the payment thereof by the 19 stockholders, to the time of such purchase.

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