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17 and objects of this act, as hereinafter set forth. And
in the manner hereinafter provided.
14 authority to choose a clerk, who shall be sworn to 15 the faithful discharge of his duty, and a treasurer, 16 who shall gire bonds to the Company, with sureties 17 to the satisfaction of the directors, in a sum not less 18 than twenty thousand dollars, for the faithful dis19 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 Com5 pany, for the purpose of locating, constructing and 6 completing said rail road ; and for the transportation 7 of persons, goods and merchandize ; and all such 8 other powers and authority for the management of 9 the affairs of the Company, not heretofore granted, 10 as may be necessary and proper to carry into effect 11 the objects of this grant; to purchase and hold land, 12 materials, engines, cars, and other necessary things 13 in the name of the Company, for the use of said 14 road, and for the transportation of persons, goods 15 and merchandize ; to make such equal assessments, 16 from time to time, on all the shares in said Company 17 as they may deem expedient and necessary in the ex12 ecution and progress of the work, and direct the 19 same to be paid to the treasurer of the Company. 20 And the treasurer shall give notice of all such assess21 ments; and in case any subscriber or stockholder 22 shall neglect to pay his assessment for the space of 23 thirty days after due notice by the treasurer of said 24 Company, the directors may order the treasurer to 25 sell such share or shares at public auction, after giv26 ing due notice thereof, to the highest bidder, and the 27 same shall be transferred to the purchaser ; and such
28 delinquent subscriber or stockholder shall be held ac29 countable to the Company for the balance, if his 30 share or shares shall sell for less than the assessments 31 due, with interest, and the costs of sale ; and after 32 paying the same, shall be entitled to the overplus, if 33 any remaining. Provided however, that no assess. 34 ments shall be laid upon any share or shares in said 35 Company, of a greater amount in the whole, than 36 one hundred dollars on a share. 1 Sec. 4. Be it further enacted, That said Company 2 shall have power to make, ordain and establish all 3 such by-laws, rules, regulations and ordinances, as 4 they shall deem expedient and necessary to accom5 plish the designs and purposes, and to carry into 6 effect the provisions of this act, and for the well or7 dering, regulating, and securing of the interests and 8 affairs of the Company; provided, the same be not 9
repugnant to the constitution and laws of the Com10 monwealth. 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 Company, 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 Company. And the trans8 portation of persons and property, the construction 9 of wheels, the form of cars and carriages, the weight 10 of loads, and all other matters and things in relation 11 to the use of said road, shall be in conformity to such 12 rules, regulations and provisions as the directors 13 shall from time to time prescribe and direct, and said 14 road may be used by any persons who shall comply 15 with such rules and regulations; Provided however,
16 that if, at the expiration of ten years, from and after 17 the time of the completion of said road, the net in18 come or receipts from tolls, and other profits, taking 19. the ten years aforesaid for the basis of calculation, 20 shall have amounted to more than ten per cent. per 21 annum upon the cost of the road, the legislature 22 may take measures to alter and reduce the rate of 23 tolls and other profits, in such manner as to take off 24 the overplus for the next ten years, calculating the 25 amount of transportation upon the road to be the 26 same as in the ten next preceding years; and at 27 the expiration of every ten years thereafter, the 28 same proceedings may be had; Provided fur29 ther, that the legislature shall not, at any time, so 30 reduce the tolls and other profits as to produce less 31 than ten per cent. per annum upon the cost of said 32 road without the consent of said Company; and po 33 other rail road, than the one hereby granted, shall 34 within thirty years from the passing of this act, be 35 authorized to be made, leading from any part of the • 36 county of Worcester, to any place within five miles 37 of the southerly termination of the said road hereby 38 established.
1 Sec. 6. Be it further enacted, That the directors 2 of said Company for the time being, are hereby au3 thorized to erect toll houses, establish gates, appoint 4 toll gatherers, and demand toll upon the road when 5 completed, and upon such parts thereof as shall from 6 time to time be completed. 1 Sec. 7. Be it further enacted, That said Company 2 shall be bolden to pay all damages that may arise to 3 any person or corporation, by taking their land or 4 other property for said road, when it cannot be ob5 tained by voluntary agreement, to be estimated and
6 recovered in the manner provided by law for the re7 covery of damages happening by the laying out of 8 highways. 1 Sec. 8. Be it further enacted, That where the 2 lands or other property or estate of any married 3 woman, infant, or other person under guardianship, 4 shall be necessary for the construction of said road, 5 the husband of such married woman, and the guar6 dian of such infant or other person, may release all 7 damages for any lands or estates, taken and appro8 priated as aforesaid, as they might do if the same 9 were holden by them, in their own right respec10 tively. 1 Sec. 9. Be it further enacted, That if any per2 son shall wilfully and maliciously, or wantonly, and 3 contrary to law, obstruct the passage of any carriage 4 on said rail road, or in any way injure or destroy 5 the same or any part thereof, or any thing belonging 6 thereto, or any material or implements to be em7 ployed in the construction, or for the use of said 8 road, he, she or they, or any person or persons as9 sisting, aiding or abetting in such trespass, shall 10 forfeit and pay to said company, for every such 11 offence, treble the amount of such damages as shall 12 be proved before the Justice, Court or Jury, before 13 whom the trial shall be had ; to be sued for and re14 covered before any Justice, or any court proper 15 to try the same, by the Treasurer of the company, 16 or other officer whom they may direct, to the use 17 of said company ; and such offender or offenders 18 shall be further liable to indictment by the Grand 19 Inquest for the county within which such trespass 20 shall have been committed, for any offence or offen