IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 ■tt Ui 12.2 m Ki u ■ 2.0 ^1^ r' Fholographic Sciences Carporation 23 WBT l*Ait4 in-iV" WnSTIR,N.Y. MStC (716)t7a-4S03 • CIHM/ICMH CIHM/ICMH ^ Microfiche Collection de Series. microfiches. ■ J ,--■■■'>"'■.•■ ' '■': .-'--;.■•-■■ G :- \'"'-^^ : : ^ Canadian Instituta for Historical Microraproductiont / Institut Canadian da microraproductions historiquas Ss /^%\^ J ©-r 1 ^^^^■Dj^^^B^^lp' "^^^^^^Kjiiiiii^i^^H ■ *fe TachnicJil and BIbliographle NotM/NotM taehniquM at bibliographiquM Th« Inttitut* has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliographlcally uniqua, which may altar any of tha imagas in tha raproduction, or which may aignificantiy ehanga tha usual mathod of filming, ara chackad balow. □ Colourad covars/ Couvartura da coulaur I I Covars damagad/ D D D D Couvartura andommagAa Covars rastorad and/or laminatad/ Couvartura rastaur4a at/ou paiiiculAa r~n Covar titia missing/ La titra da couvartura manqua I I Colourad maps/ Cartas gAographiquas an coulaur Colourad ink (i.a. othar than blua or bisck)/ Encra da coulaur (i.a. autra qua blaua ou noiral I I Colourad platas and/or illustrations/ Pkinchas at/ou illustrations an coulaur Bound with othar matarial/ Rali4 avac d'autrab doeumants Tight binding may causa shadows or distortion along intarior margin/ Laraliura sarrfa paut causar da I'ombra ou da la distortion la long da la marga intiriaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possibia, thaaa hava baan omittad from filming/ II sa peut qua cartainas pagas blanchas aJoutAaa lors d'una rastauration apparaissant dans la taxta, mais. lorsqua cala 4tait posslbto, eas pagas n'ont pas At* filmAas. L'Institut a microfilm* la maillaur axamplaira qu'il lui a *t* poaiiibia da aa procurar. Las d*tails da eat axamplaira qui sont paut-*tra uniquas du point da vua bibliographiqua, qui p«uvant modif iar una imaga raproduita, ou qui pauvant axigar una modification dans la m*thoda normala da filmaga sont indiqu*s ci-dassous. D D D D D D D Colourad pagas/ * , Pagas da coulaur Pagas damagad/ Pagas andommag*as Pagas rastorad and/or laminatad/ Pagas rastaur*as at/ou pallicul*as Pagas discoloured, stained or foxed/ Pagas d*color*es. tachat*es ou piqu*es Pages detached/ Pages d*tach*es Showthrough/ Transparence Quality of print varies/ Quaiit* in*gale de I'impression Includes supplementary material/ Comprend du mat*riel suppMmentaire Only edition available/ Seule *dition disponible Pages wholly or partially obscured by erreta slips, tissues, etc., have been refilmed to ensure the best possible image/ Lea peges totalement ou partleliement obscurcies par un feuillet d'errata, una pelure, etc., ont *t* film*ee * nouveau de fa^on * obtenir le meilleure image possible. Th to Th po of fill Or be th( sic oti fir sic or Th sh Til wl Ml dil en ba rij re m D Additionel comments:/ Commenteires suppl*mentaires: This item is filmed at the reduction ratio checked below/ Co document est film* au taux de r*ductk>n toicflqu* ci*dessous. 10X 14X 18X 22X 2BX anx ^ 12X ItX aox 24X 2BX 32X Th« copy film«d hcra has bMn r«produe«d thanks to tho gonorotlty of: Library of tha Public Archiva* of Canada L'axamplaira film* f ut raprodult grica A la g4n4roalt« da: La bibliotMqua da« Archival pubiiquas du Canada Tha imo'^ iia appaaring haia ara tha baat quality posaib^a oonaMarlng tha condition and iaglblllty of tha original copy and in kaaping with tha filming contract apaciflcationa. Original coplaa In printad papar covara ara fllmad baglnning with tha front covar and ending on tha laat paga with a printad or llluatratad impraa- »lon, or tha back covar whan appropriata. All othar original coplaa ara fllmad baglnning on tha first paga with a printad oi llluatratad impraa- sion. and anding on tha laat paga with a printad or llluatratad Impraaslon. Laa Imagaa auhrantaa ont 4t4 raproduitaa avac la plus grand aoln. compta tanu da la condition at da l« nattatA da Taxampialra film*, at an conformit* avac lat conditions du contrat da fllmaga. Laa axampialraa origlnaux dont la couvartura an papiar oat imprimia sont fiimia 9n commandant par la pramlar plat at •n tarmlnant soit par la darnlAra paga qui comporta una amprainta d'impraaaion ou d'illuatration, aoit par la sscond plat, aalon la caa. Toua las autras axampiairas origlnaux aont fllmte an commandant par la pramiAra paga qui comporta una amprainta d'impraaaion ou d'iliuatration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Tha laat racordad frama on aach microflcha ahall contain tha aymbol — ^> f maaning "CON- TINUED"), or tha aymbol V (maaning "END"), whichavar appliaa. Un daa aymbolaa suhrants apparaltra sur Is darnMra imaga da chaqua microfiche, salon la caa: la aymbda — ► aignifia "A SUIVRE '. la aymbola ▼ aignifia "FIN". IMaps, plataa, charta. ate, may ba filmed at different reduction ratioa. Thoae too large to be entirely Included in one expoaure are filmed beginning in the upper left hend comer, left to right and top to bottom, aa many fremea aa required. The following diagrama iiiuatrate the method: Lea cartes, plenches, tableaux, etc., peuvent Atre fllmAe A dea taux da rAductlon diff Arenta. Lorsqua la document eat trop grand pour Atre reproduit an un saui cllchA, 11 eat filmA A partir da I'anghi aupArieur gauche, de gauche A droite, et de haut en Ims, en prenent le nombre d'imagea nAceaaaire. Lea diagrammea auivanta illuatrent la mAthode. 1 2 3 1 2 3 4 5 6 ■i i STATE OF MAINE. AN ACT TO ESTABLISH THE ATLANTIC AND ST, LAWRENCE KAIL- ROAD COMPANY. 1 Be it enacted l)y the Senate and House of Repre- sentatives in Legislature asscmhted — as follows: SrcTioN 1. William P. Preble, Josiah S. Little, John Mussey, John B. Brown, George Turner, John Anderson, St. John Smitn, Charles Cobb, John Dow, Ahnor Shnvv, John Ncal, Augustine Haines, Franklin Tinkham, Charles E. Barrett, Eiiphalet Case, Thomas Hammond, William E. Greeley, William Kimball, Charles Q. Clapp, James L. Farmer, Woodbury Storcr, md I^liphalet Greeley, their associates, successors and assigns are hereby made and constituted a body politic and corporate by the name of the Atlantic and St. Lawrence 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 qcjuity to secure and protect them in the exercise and use oi' the rights and privileges and in the peifoim- ancc of the duties hereinafter granted and enjoined, and to pre\ent all invasion the;"eof 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, turnouts, culverts, drains, and all other necessary ap- pendages, from some point or place in the city of Portland through the counties of Cumberland and Ox- ford, and if deemed advisable, through the southwest- Ill .,IIU,U!flFMVI«l"M:i.f >^|.JIU<.|»>'IW|i .IMIim "^ erly corner of Franklin to the boundary line of this State, at such place as will best connect with a rail- road to be constructed from said boundary to Mon- treal in Canada. Said railroad to be located and con- structed in the general direction of Sherbrooke and Montreal, on such route as the directors of said cor- poration in the exercise of their best judgment and discretion shall judge most favorable and best calcu- lated to promote the public convenience and carry in- to effect the intentions 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 ot 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 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 ap- purtenances, 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 : Lind 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 re- spective 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 commis- sioners for the county where such land or other pro- perty 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 highwaj's. And the land so taken by said corpora- I I "^ 3 aie I it tion shall be held as lands taken and appropriated for public highways. And no application to said com- missioners 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 rail- road 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 blown down or from their natural falling, might obstruct or impair said rail- road, 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 further- more said corporation shall have all the powers, privil- eges and immunities, and be subject to all the duties and liabilities, provided and prescribed respecting railroads in chapter eighty-one of the Revised Stat- utes, not inconsistent with the express provisions of this charter. Sec. 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 ol taking such land and estate aforesaid, and give good and valid releases and discharges therefor. Sec 3. The capital stock ot said corporation shall consist of not less than ten thousand nor more than thirty thousand shares ; and the immediate gov- ernment 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 corpo- ration, 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 mr- 4 of whom shall form a quorum Ibr the transaction of business ; and they shall elect one of their number to be president of the boai-d, 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 thousand dollars for the faithful dis- charge of his trust. And lor the purpose of receiv- ing subscriptions to the said stock, books shall be opened under the direction f)f the persons named in the first sectior of this act, at such time as they may determine, in tie town of Augusta, and the cities of Bangor and Portland in tiiis State, and the cities of Salem and Boston in iNlnssachusetis, and elsewhere as they shall appoint, to remain ojk'u for ten succes- sive days, of which time and place of sul)scripti(m pub- lic notice shall be given in some; newspai^er printed in Portland, Augista and Boston, twenty days at least previous to the opening of such subscription ; and in case the amour.t subscribed shall exceed thirty thous- and shares, the same shall be distributed among all the subscribers according to such regulations as the persons having charge of the opening of the subscrip- titm books shal prescribe before the opening of said books. And any seven of the jiersons named in the first section in 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 meeting, at least twenty days before the time mentioned in such notice. Sec 4. Said corporation shall have powet" 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 tor the due and orderly conducting of their affairs, and the management of their property. x X i f 3 Sec. 5. The president and directors for the time being, are hereby authorized and empowered by themselves or their agents, to exercise all the pow- ers herein granted to the corporation, for the pur- pose 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 pur- chase and hold within or without the State, land, materials, engines, and cars and other necessary things, in tlie name of the corporation for the use of said road, and for the transportation of persons, goods auil property of all descriptions ; to make such equal assessments from time to time, on all the shares in said corporation, as they may deem expe- dient 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 pur- chaser, and such delinquent subscriber or stockhold- er shall be held accountable to the corporation for the balance, if his share or shares shall sell for less than the assessments due thereon, witli the interest and costs of sale; and shall be entitled to the overplus if his share or shares shall sell for more than the assess- ments due, with interest and 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, Sec. 6. A toll is hereby grunted and established for the sole benefit of said corporation, upon all passengers, and property of all tlescriptions, which may be conveyed or transported by them upon said road, at such rate as may be agreed \ipon and es- tablished 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 conlormity with such rules, regulations and provisions as the directors shall from time to time prescribe ind direct. Sec. 7. The legislature may authorize any other ( ompany or companies to connect any other railroad or railroads with the railroad of said corporation, but only on the easterly side thereof, at any points on the route of :^aid railroad. And said corporation shall receiv(^ and transport all persons, goods and prop- erty of all descriptions, which may be carried and transported to the railroad of said corporati(>n 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 on such passengers, g(^ods and other property as may be rec<^ived from such other railroads, so connected with said raih-oad 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 cor- poration. Sec. 8. If the said railroad in the course thereof shall cross any private way, the said corporation shall so construct saitl 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 ca- nal, turnpike, railroad, or other highway, the said rail- road shall he so constructed as not to obstruct the safe and convenient use of such canal, turnpike or ■4- f I t Other highway ; and the said corporation sliall have power to raise or lower such turnpike,highway or pri- vate 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 tor the safety of travellers on sajd turnpiiie, railroad, high- way or private way. Snc. 9. Said railroad corporation shall constant- ly maintain in good repair all bridges with their abut- ments and embankments which they may construct for the purpose of conducting their railroad over any canal, turnpike, highway or private way, or for con- ducting such private way or turnpike over said railroad. Sec 10. If said railroad shall in the course there- of, cross any tide waters, navigable rivers oi' streams, the said corporation are hereby authorized and cm- powered to erect foi* the sole and exclusive travt^l on their said railroad, a bridge across each of said I'ivei's or streams, or across any such tide wateivs: provided, said bridge or bridges shall be so constructed as not unnecessarily to obstruct or impede the navigation of said waters. Skc. 11. Said railroad corporatic^n shall erect and maintain substantial, legal and sulllcient fences on each side of the land taken by them for theii' railroad, where the same passes through enclosed or improved lands, or lands that may hereafter be improved; and for neglect or failui-e to erect and maintain such fence, said corporation shall be liable to be indictcn] in the district court for the county where such fence shall be insufficient, and to be fmed in such sum as shall be adjudged necessary to repair the same; and such tine 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 foi- deficiency of highways. Sec. 12. The said corporation shall at all times, when the Postmaster General shall require it, be hoi- 8 ilcn to transport tlie 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 uii ibie to ao;ree upon the compensation aforesaid, the lt; discretion of the court before whom such convicticm may be had. Skc. M. Said corporation shall be and hereby is invested with power and authority to continue aiiil ])rolong said railroad beyond the lini^ of this S'ate to the bouiulary of Canada, and lo j)urchase, take and hold lands, or the right of way over Innds f-tr the i)uri>ose of constructing saiti railroad in continua- tion without the limits of- this State, on and over said lands to ;..e said boundary of ('anada. Pi >- >'i(h'il, the same can be done consistently with the laws and regulations of the State or St;ites in whic!i such lands lie, and through and over the teri'itory ol svhich such railroa;! in continuation would puss. Sec. J 5. SaitI corporjition sh;dl keep in a b(^ok lor that purpose a regular account of all their dis- bursements, expendiiuies and rcM-eipts, and >he books of said corporation shall at all times be open to the inspection of the g()\ei'iior and council, and ol any committee duly authorized I)y the legislature ; and at the expiration of every year, the treasurer ol 10 said corporation shgll make an exhibit under oath to the legislature, of the net profits derived from the income of said railroad. Sec. 16. All real estate purchased by said cor- poration for the use of the same under the fifth sec- tion of this act shall be taxable to said corporation by the several towns, cities and plantations in which Tiaid 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 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 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 " \ 11 ballot, each proprietor by^Hydf or proxy being ensiled ta^a§ mahy votes as^M^olds shares, and » tlje directors aT'e hereby authori^^ 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. Sec. 18. The legislature shall at all times have the right to inquire into the doings of the corpora- tion and into the manner in which the privileges and franchises herein and hereby granted may have been used and employed 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 ef- fectually to compel a compliance with the provisions, liabilities and duties, hereinbefore set forth and en- joined, but not to impose any other or further du- ties, liabilities, or obligations. And this charter shall not be revoked, annuled, altered, limited or restrained without the consent of the corporation, except by due process of law. Sec. 19. W the said corporation shall not have been organized, and the location according to actual survey of the route filed with the county commis- sioners of the counties through which the same shall pass, on or before the thirty first day of De- cember, in the year of our Lord, one thousand eight hundred 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. February 10, 1845. Approved, HUGH J. ANDERSON. ■■■m