them to be received for transportation of persons or property on their said road, or upon any part thereof; Provided, that a uniform rate per mile shall be charged for the transportation of such passengers or freight, as shall be received from, or delivered to, the several railroads in this state, with which said railroad may be connected, and on which the same rule or regulation as to a uniform rate per mile for such passengers and freight shall be reciprocally adopted towards said company; And provided also, that it shall be the duty of said company to run their trains each way for passengers, at such times and in such manner as to afford reasonable facilities for receiving passengers from, and delivering them to, each of the other railroads in this state, with which said road may be connected, and which afford to said company reciprocally like facilities. SEC. 11. In any action or suit to be brought by the company against any subscriber or share-holder, to recover any money due for any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for the company to declare that the defendant is the holder of, or the sub- · scriber to, one share or more in the company, (stating the number of shares,) and is indebted to the company in the sum of money to which the calls in arrear shall amount, in respect of one call or more, upon one share or more, (stating the number and amount of each of such calls,) whereby an action hath accrued to the company by virtue of the charter of said company, and the amendments thereto. SEC. 12. On the trial or hearing of such action or suit, it shall be sufficient to prove that the defendant, at the time of making such call, was a subscriber to, or holder of, one share or more in said company, and that such call was in fact made, and notice thereof given, (so far as may be required by the charter or by-laws of said company,) and it shall not be necessary to prove the appointment of the directors who made such call, nor any other matter whatsoever; and thereupon the company shall be entitled to recover what shall be due upon such call, with interest thereon, unless it shall appear either that any call exceeds the prescribed amount, or that due notice of said call was not given, or that the prescribed interval between two successive calls had not elapsed, or that calls amounting to more than the sum prescribed for the total amount of calls within any limited time had been made within that period, or that any condition of said subscription has not been reasonably complied with. SEC. 13. If there shall not have been expended the sum of half a million of dollars on the said railroad within one year, and the additional sum of half a million of dollars within three years from the rising of this Assembly, then, and thereupon, the privileges and powers granted in this act shall be null and void; Provided, that said company shall retain their franchise over any portion or portions of their road which they may actually construct in conformity with the provisions of their charter and the amendments thereto; Provided also, that unless a railroad shall be constructed and ready for use throughout its entire length, from the east to the west line of this state, on or before the expiration of eight years from the rising of this Assembly, the right to construct any unfinished portions thereof shall thereafter cease and expire; and unless a railroad between Hartford and Winsted, through New Hartford, shall be constructed and ready for use within four years from the rising of this Assembly, the right to construct any unfinished portions thereof shall thereafter cease and expire. SEC. 14. And this act shall take effect when the same shall have been accepted at a meeting of the stockholders of the Hartford and Providence, and of the New York and Hartford railroad companies, respectively, any provisions, acts, or parts of acts to the contrary of the same or any part thereof, notwithstanding; Provided, that all contracts, subscriptions, engagements, and proceedings of whatever kind or nature which shall have been, or shall be hereafter made, entered into, begun, contracted, commenced or instituted, by or with either of said companies under their several names and charters, may be completed, enforced and carried into effect under said several names and charters, or either of them, or the provisions of this act, as to said Hartford, Providence and Fishkill railroad company, its officers and agents, may seem most convenient or expedient, as fully and in the same manner as if no union of the companies had taken place, and shall enure to the benefit and use of the said Hartford, Providence and Fishkill railroad company, its successors and assigns-excepting always from the operation of this proviso the subscriptions and liabilities of the original subscribers (or their legal representatives) to the stock of the said New York and Hartford railroad company; And further provided, that all appeals that may be hereafter taken, under the provisions of the charter of said Hartford and Providence railroad company, from any decision of the commissioners of said railroad, shall be taken to the superior court of the county in which the premises, in respect to which the difference may arise, shall be situated; and said court may thereupon appoint, as under the provisions of the eighth section of this act, three disinterested and judicious persons, who shall act on such appeal. SEC. 15. Nothing herein contained shall be construed to prejudice or impair any of the rights vested in either of the following companies, viz.: The Hartford and New Haven railroad company, the Housatonic railroad company, the New Haven and New York railroad company, or the New Haven and Northampton company, or the Naugatuck railroad company. And between Hartford and the Housatonic railroad, said Hartford, Providence and Fishkill railroad company shall so build as to form a continuous line or lines of railroad westerly from Hartford. SEC. 16. Said Hartford, Providence and Fishkill railroad company shall not, in constructing their railroads, change or alter either the grade or line of any other railroad, without the consent of the corporation or persons owning such other railroad. SEC. 17. Said company shall have no power to enter upon, take or use any depot, or depot or station lands, belonging to the New London, Willimantic and Palmer railroad corporation, without the consent of such corporation. SEC. 18. This act may at any time be modified, altered or repealed, at the pleasure of the General Assembly. REPEALING THE SEVENTEENTH SECTION OF THE CHARTER OF THE NEW YORK AND BOSTON RAILROAD COMPANY. Whereas, a petition in favor of the city of Hartford, against the New York and Boston Railroad Company, is now. pending before this Assembly, praying, among other things, for a repeal of the power given in said charter to bridge Connecticut river, and a substitution there for of some other mode of crossing said river, either by means. of a ferry or a high suspension bridge, at some suitable point, as by said petition, dated the 22d day of July, 1848, may fully appear, of which said petition due notice has been given; thereupon, SEC. 1. Resolved by this of the charter of the said Company, granted by the sion in May, 1846, be, and the same is hereby repealed. SEC. 2. And further resolved by this Assembly, That said company be, and they are hereby authorized, for the purposes of their said railroad, to make and construct a bridge or viaduct across said Connecticut river, at the narrows below the city of Middletown, of a span at least six hundred and twenty-five feet in length, and of a height above the surface of the water in said river, at said place, at low Assembly, That the 17th Section water, of at least one hundred and forty feet; or said company may, for the purposes of their said road, at any convenient place between the towns of l'ortland and Middletown, erect, keep and maintain a ferry across said river, with a boat or boats propelled by the force of animals, steam or other power, at the election of said company. AMENDING CHARTER OF NEW YORK AND BOSTON RAILROAD COMPANY. Resolved by the Senate and House of Representatives in General Assembly convened, That the charter of the New York and Boston Railroad Company, granted in 1846, be amended, and its provisions, excepting the 17th section thereof, be extended, as follows: SEC. 1. If the said railroad company shall not expend the sum of three hundred thousand dollars upon their railroad, within three years from the rising of this Assembly, or if they shall not construct and complete and put in operation a railroad or way, with one or more tracks, from some suitable point in the city of New Haven to the city of Middletown, and thence easterly to the town of Windham, and from some suitable point in said town of Windham thence to the eastern line of the state, in the most direct, feasible and practicable route towards the city of Boston, as required by their charter, and as modified or altered by this amendment, within six years from the rising of this Assembly, then the rights, privileges and powers of said corporation shall be null and void. And the 15th section of the original charter of said company is hereby repealed. SEC. 2. The railroad company shall retain their franchise upon and over such portion of their railroad as they may construct; and it shall be lawful for said company and |