The secretary of the Commonwealth shall sign the same and cause the seal of the Commonwealth to be thereto affixed, and such certificate shall be conclusive evidence of the organization and establishment of such corporation at the date of such certificate. The secretary shall also cause a record of such certificate to be made, and a copy of such record duly certified may with like effect as the original certificate be given in evidence to prove the existence of such corporation.

[Acts 1870, (Mass.) ch. 224, § 11; Laws of New York, Acts 1850, ch.

140, § 3; Statutes of Illinois, Gross, Ed. 1869, p. 542, [41;] Statutes of Indiana, Gavin & Hord, Vol. 1, p. 504; Statutes of Michigan, Cooley's Ed., 1857, Vol. 1, p. 632, § 2.]

SECTION 4. The first meeting for the purpose of organizing such corporation shall be called by a notice signed by five or more of the subscribers to such articles of association, stating the time, place and purpose of such meeting, a copy of which notice shall, seven days at least before the day appointed for the meeting, be given to each subscriber, or left at his usual place of business or place of residence, or deposited in the post-office, post-paid, and addressed to him at his usual place of business or place of residence. And whoever gives such notices shall make affidavit of his doings, which shall be recorded in the records of the company.

[Acts 1870, (Mass.) ch. 224, § 9.]

SECTION 5. In case the capital stock of any company formed under this act is found to be insufficient for constructing and operating its road, such company may increase its capital stock from time to time to any amount required for the purposes aforesaid, not to exceed in all forty thousand dollars for each mile of road actually constructed. Such increase must be sanctioned by a vote in person or by proxy of two-thirds in amount of all the stockholders of the company, at a meeting of said stockholders called by the directors of the company for that purpose.

[Laws of New York, Acts 1850, ch. 120, § 9; Statutes of Indiana, p. 520, ch. 181.]

SECTION 6. Every corporation organized under this act, before commencing the construction of its road, shall present to the board of railroad commissioners a petition for approval of location, accompanied with a map of the proposed route on an appropriate scale, and with a profile of the line on a vertical scale of ten to one compared with the horizontal scale, and with a report and estimate prepared by a skilful engineer from actual survey. The board of

railroad commissioners shall, on presentation of such petition, appoint a day for a hearing thereon, and the petitioners shall give such notice thereof as said board shall deem reasonable and proper, in order that all persons interested may have an opportunity to appear and object thereto. If the board of railroad commissioners, after hearing the petition, shall approve the proposed location, the corporation may proceed with the construction of their road: provided, that they shall first file with the county commissioners of each county through which the road passes, a plan of the location of the road, defining its courses, distances and boundaries, and another copy of the same with the board of railroad commissioners; but the location so filed shall not vary from the route first presented to said board of commissioners, unless said variation shall be approved by them. And said location shall be filed within two years from the time when the articles of association are filed in the office of the secretary of state. The provisions of sections thirteen, fourteen, fifteen, sixteen and eighteen of chapter sixty-three of the General Statutes shall not apply to corporations organized under this act.

[Laws of New York, Acts 1850, ch. 140, §§ 22-3; General Statutes of Connecticut, 1866, p. 187, § 474; p. 194, § 504.]

SECTION 7. If any corporation formed under this act shall not, within three years after its articles of association are filed and recorded in the office of the secretary of state, begin the construction of its road, and expend thereon ten per cent. of the amount of its capital, or shall not finish the road and put it in operation in five years from the time of filing its articles of association as aforesaid, its corporate existence and power shall cease.

[Laws of New York, Acts 1850, ch. 140, § 47; Statutes of Indiana, Gavin & Hord, p. 517, § 34; Purden's Digest, (Penn.) p. 841, § 21.]

SECTION 8. Every corporation organized under this act shall, within one year after any part of their road has been constructed and opened for operation, cause to be made a map and profile thereof and of the land taken or obtained for the use thereof, and file the same in the office of the secretary of the Commonwealth; and also like maps of the parts thereof located in different counties, and file the same in the offices for recording deeds in the county in which such parts of roads shall be. Every such map shall be drawn on a scale and on paper to be designated by the board of railroad commissioners, and certified and signed by the president and engineer of such corporation.

[Laws of New York, Acts 1850, ch. 140, § 45; Statutes of Indiana, Gavin & Hord, p. 517, § 33.]

SECTION 9. No railroad constructed under the provisions of this act shall be opened for use until it has been inspected and approved as in suitable condition for operation by the board of railroad commissioners.

[General Statutes of Connecticut, 1866, p. 194, § 505.]

SECTION 10. Any corporation having actually constructed and put in operation a railroad under the provisions of this act may be consolidated with any existing railroad corporation of this Commonwealth or of any adjoining state, with whose railroad such new railroad connects or intersects: and that such consolidation shall be ratified by a majority of two-thirds of the stock of each of said corporations at meetings duly called for the purpose, after one year's notice of such meetings duly given through the public prints, in such manner as the board of railroad commissioners shall direct, and that such consolidation is not disapproved by the legislature before such meetings are held; and provided, also, that the entire stock and indebtedness of such consolidated company shall not exceed the united stock and indebtedness of the companies prior to such consolidation.

[Laws of New York, Acts of 1869, ch. 917; Statutes of Illinois, Gross, Ed. 1869, p. 537, III.; Statutes of Indiana, Gavin & Hord, p. 526, ch. 137; Statutes of Michigan, Cooley's Ed., 1857, Vol. 1, p. 653, ch. 67; Revised Statutes of Wisconsin, 1858, ch. 79, §§ 1-2; Purden's Digest, (Penn.) p. 841, §§ 24-5.]

SECTION 11. Two corporations created by this state, or by the acts of this and an adjoining state, whose roads enter upon or connect with each other, may contract that either corporation shall perform all the transportation of persons and freight upon and over the road of the other: provided, that one year's notice of the intention to make such contract shall be given in writing by such corporations to the board of railroad commissioners, and that such contract is not disapproved by the legislature before the expiration of such year of notice; and provided, also, that the income arising from such contracts shall be subject to the provisions of law in regard to the right of the state to purchase the roads or reduce their tolls, in the same manner as that arising from the use of the roads. Section one hundred and fifteen of chapter sixty-three of the General Statutes and chapter two hundred and ninety-eight of the acts of eighteen hundred and sixty-seven are hereby repealed.

[General Statutes, (Mass.) chap. 63, § 115; Acts 1867, chap. 198.]

[D.]

1 So far as information has been received at the office of the Commissioners,

3 per cent. of val.,

Nothing,

2 Subscribed $5,000.

* Paid $22,500.

Amount authorized.