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in respect to lands authorized to be taken for the line or track of the road. Provided further, that no land or real estate shall be taken by virtue of this section until after due notice to the owners and others interested therein to appear and be heard, if they see cause, the commissioners on said railroad, upon hearing all parties in interest that choose to appear, shall advise and consent to the taking said land, and shall lay out the same by metes and bounds.
Sec. 3. Whenever, in the opinion of the directors, a re-organization of said company shall become expedient or necessary, and the stockholders thereof, at a meeting legally notified and held, shall, by a majority of legal votes, manifest a desire to relinquish their organization and dissolve the company, then and in that case a majority of the directors residing in this state shall have the power, and they are hereby authorized, to open books for a new subscription to the capital stock of the company, giving reasonable notice thereof by publication in the newspapers printed in Middletown. And when the said new subscriptions shall amount to the sum of two hundred thousand dollars, the directors shall call a meeting of the subscribers, by giving public notice as aforesaid, for the election of officers of the new company. And after such election and new organization, all the rights and immunities granted by the charter and held by the existing company shall cease, and be transferred to the new company, who shall be invested with all the privileges and corporate franchises granted, and be liable to all the restrictions imposed by the original charter and the subsequent amendments thereto, except that the liabilities of the old company for debts or contracts shall not be impaired or changed by any new organization of the company, as hereby authorized.
Sec. 4. It shall be lawful for the directors of said company, from time to time, to borrow such sum or sums of money, upon the credit of said company, as to said directors shall appear necessary and proper for the completion of their road and the purchase of materials, locomotives, cars, lands, and the erection of warehouses, workshops and other necessary buildings, at a rate of interest not exceeding seven per cent. per annum; and for securing repayment of moneys so borrowed, full power and authority is hereby granted to said directors to pledge or hypothecate, by way of bond, with or without seal, mortgage, trust or otherwise, the railroad by them owned or constructed, or to be constructed under their charter, or any portion or portions of the same, with any or all its privileges, appendages, appurtenances, implements, cars, engines and personal esiate, and other property, franchises and chartered rights of said company; and said company shall be allowed to retain possession of said personal property so pledged, hypothecated or mortgaged as aforesaid ; provided the deed or deeds of the same shall be deposited for record in the office of the secretary of this state, whose duty it shall be to record the same. Provided, that the amount of indebtedness by said company, for moneys so borrowed, existing at any one time, shall not exceed one-half of the amount that shall have been actually expended in the construction of said road; and no bond, note or other voucher issued by said company for money so borrowed, shall be for a less sum than five hundred dollars.
Sec. 5. Nothing contained in this act shall be so construed as to authorize the said New York and Boston Railrord Company to build a bridge across the Connecticut river, other than the suspension bridge at the narrows, as provided in the resolution passed at the present session of this general assembly, repealing the seventeenth section of the charter of said company, and authorizing the building of such suspension bridge. And provided further, that nothing herein contained shall be so construed as to prevent or interfere with the construction of the Willimantic and Thompson Railroad Company, in the manner authorized by their charter granted at this session of the general assembly.
Sec. 6. Said company shall not, in constructing said railroad, change or alter either the grade or line of any other railroad, without the consent of the corporation or persons owning such other railroad.
SEO. 7." Said company shall not enter upon, take or use any depot, or depot or station lands, belonging to any other railroad company or corpo. ration, without the consent of such other company or corporation.
SEC. 8. This act may be at any time altered or repealed by the general assembly.
EXTENDING TIME FOR THE COMPLETION OF THE NEW YORK AND BOSTON
Resolved by this Assembly, That the time limited for expending three hundred thousand dollars upon the New York and Boston railroad, by the act amending the charter of the New York and Boston Railroad Company, passed at the May session, 1849, be and the same is hereby extended to two years from the rising of this assembly.
EXTENDING THE TIME FOR EXPENDING THREE HUNDRED THOUSAND DOLLARS AND CONSTRUCTING THE NEW YORK AND BOSTON RAILROAD COMPANY.
Resolved by this Assembly, That the time for expending three hundred thousand dollars by the New York and Boston Railroad Company, and also the time for constructing and completing their railroad, be and the same is hereby extended for the period of two years from the time now limited for the said purposes respectively.
Resolved further, That said New York and Boston Railroad Company be and they are hereby authorized to increase the number of their directors, not exceeding thirteen in all.
AUTHORIZING THE NEW YORK AND BOSTON RAILROAD COMPANY TO ISSUE
Upon the petition of the New York and Boston Railroad Company, on
Resolved by this Assembly, Sec. 1. That the directors of the New York and Boston Railroad Company, or of the company formed or to be formed by the union of said company with any other railroad company or companies in this state or elsewhere, with which the said New York and Boston Railroad Company is or may hereafter be lawfully united as one company, may, from time to time, borrow such sum or sums of money upon the credit and in the name of the company as to said directors shall seem necessary and proper, for the completion of their road, or any part or parts thereof, and for the purchase of materials, locomotives, cars, lands and the erection of warehouses, workshops and other necessary buildings, at a rate of interest not exceeding seven per cent. per annum, payable semi-annually; and to secure the repayment of the same by their bonds, made payable either in currency of the United States or of Great Britain, with or without their corporate seal, signed by their president and countersigned by their treasurer, with or withont coupons or certificates of interest due at the end of every six months, attached thereto; and such bonds, before being issued, shall be registered in the office of the comptroller of public accounts, and a certificate thereof shall appear on the face of each bond; and the comptroller shall, upon the application of the company,
cancel any bonds, so by him registered, which may be brought to him for that purpose, and shall enter said act of canceling in his register ; and to secure said bonds, said company may, by a vote of the stockholders at a meeting called for that purpose, mortgage their railroad, or any part thereof, and all or any part of their property, rights and franchises, by deed duly executed by their president, under their corporate seal, to trustees therein prescribed, in trust for the holders of the bonds of said company issued, or which may be issued from time to time, not exceeding the amount therein specified, under the limitations herein after contained; and said company shall be allowed, as may be provided in said mortgage, to retain possession of the property so mortgaged, whether personal or real, without presumption of fraud; provided such mortgage shall be deposited for record in the office of the secretary of the state, whose duty it shall be to record the same; and no other record thereof shall be necessary in this state to make such deed or deeds of mortgage effectual and valid as to all persons; provided, that no bond so issued by said company shall be for a less sum than five hundred dollars, (or 'than one hundred ponnds, if in sterling currency.) The bonds which may be so given, or such part thereof as the directors may determine, may be made convertible, at the option of the holder, into capital stock of the company, at par, at such time and in such manner as may be specified in such bonds; provided, that the amount of bonds which may, by such conversion, bé added to the capital stock, shall not exceed three million dollars; and provided further, that the whole amoụnt of indebtedness of said company, by bonds outstanding at any one time, shall not exceed one-half of the actual cost of the road and equipments, then incurred, as certified under oath or affirmation to the comptroller of this state by the chief engineer; or shall exceed the amount of bona fide subscription to the capital stock, the evidence of which shall be the certificate of the secretary and president of the company, under oath or affirmation, to the amount of such subscription, and that the same is bona fide, and that they believe the same to have been subscribed by responsible parties, and to be reliable and collectible; which certificate shall be filed in the office of the comptroller of the state; and any person who shall knowingly take any false oath or affirmation, under the provisions of this act, shall be deemed guilty of perjury and punished accordingly.
ŠEC. 2.' The fourth section of the amended charter of said company, passed at the May session, A. D. 1849, is hereby repealed.
Sec. 3. This act may be at any time altered, amended or repealed by the general assembly.
CONFIRMING THE UNION OF THE NEW YORK AND BOSTON RAILROAD COM
PANY WITH THE WOONSOCKET UNION RAILROAD COMPANY.
WHEREAS, “ The New York and Boston Railroad Company” have, under
the provisions of their charter, united and made joint stock with “The Woonsocket Union Railroad Company," a corporation established under the laws of the state of Rhode Island, thereby forming one company under the name of “The New York and Boston Railroad Co:spany," Resolved by this Assembly, That the proceedings of the said companies, whereby they so became united and merged as one company, be and the same are hereby validated and confirmed, and the capital stock of said companies shall together form the capital stock of said united company; and the stockholders of each of said companies shall be stockholders of the said united company, which shall have all the powers, rights, privileges and franchises now enjoyed by, or which may be hereafter granted to the New York and Boston Railroad Company in this state. And the said united company, and the stockholders thereof, so far as their road shall be situated within the limits of this state, shall be subject to all the provisions of the charter of the New York and Boston Railroad Company granted in this state, and the acts amendatory thereof, and the laws of this state, in the same manner as if the whole line thereof had been located in this state.
This resolution may be altered, amended or repealed by the general assembly.
EXTENDING TIME FOR EXPENDING MONEY ON, AND FOR COMPLETION OF
THE NEW YORK AND BOSTON RAILROAD.
Resolved by this Assembly, That the time for expending the sum of three hundred thousand dollars by the New York and Boston Railroad Company, and for the completion of said railroad, be and the same is hereby extended two years from the time now limited by law.
RATIFYING THE UNION OF NEW YORK AND BOSTON RAILROAD COMPANY
WITH THE CHARLES RIVER RAILROAD COMPANY.
WHEREAS, the union or consolidation of the New York and Boston Rail
road Company with the Woonsocket Union Railroad Company, in Rhode Island, under the name of the former, as provided for in the respective charters of the two companies, was confirmed by the legisla
ture of Connecticut, May session, 1854, and WHEREAS, the said New York and Boston Railroad Company, in accord
ance with the provisions of its charter, has since united and merged with the Charles River Railroad Company, of Massachusetts, under the corporate name of the New York and Boston Railroad Company; which said Charles River Railroad Company was especially authorized to do by the legislature of Massachusetts, for the purpose of establishing a continuous line of railroad under one management from the city of New Haven to the city of Boston, all of which was contemplated and is provided for in the charter of the said New York and Boston Railroad Company; now, therefore,
Resolved by this Assembly, That the said union of the New York and Boston Railroad Company with the said Charles River Railroad Company, of Massachusetts, by which they have become one company, under the name and title of the former, be and the same is hereby ratified, validated and confirmed, so that the stockholders of both of said companies shall be stockholders of the said New York and Boston Railroad Company, and shall possess all the rights, privileges and franchises appertaining to and enjoyed by the said New York and Boston Railroad Company, within the limits of this state, and be subject, as regards the portion of the said road, of the said New York and Boston Railroad Company, which lies within this state, to the laws of this state, the same as if the whole of said road of the said New York and Boston Railroad Company lay within the limits of this state.
Provided, that nothing herein contained shall be so construed as to authorize the said united company or corporations so formed to remove its principal office and treasury without the jurisdiction of this state, or to