Persons incorporated.

Powers and duties.

1833 ch. 83.

shall ever be demanded of any person or persons, who shall pass over said bridge. [March 30, 1835.]

Chap. 95. An ACT to incorporate the Fall River Mill Road, Rail-road, and Ferry Company. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Henry Gardner, Andrew Robeson, Harvey Chase, Samuel Rodman, Jr., Charles W. Morgan, Leander P. Lovell, and William Wilbour, their associates, successors and assigns, be, and they hereby are made a body politic and corporate, under the name of the "Fall River Mill Road, Rail-road and Ferry Company," with the powers and requirements, and subject to the provisions contained in an "act concerning corporations," passed the eighth day of March, in the year of our Lord eighteen hundred and thirty-three, and an "act for defining the rights and duties of rail-road corporations, in certain cases," passed March the twenty-sixth, in the year of our Lord eighteen hundred and thirty-three, and an "act for the more speedy recovery of damages caused by the laying out of highways and rail-roads," passed March thirty-first, in the year of our Lord eighteen hundred and thirty-four. And said corporation shall be, and hereby is vested with the powers, privileges and immunities which are or may be necessary to carry into effect the purposes and objects of this act, as herein after set forth.

1833 ch. 187.

1834 ch. 173.

Capital stock.

Government vested in directors.

Authorized to

ry.

SECT. 2. Be it further enacted, That the capital stock of said corporation shall consist of not less than two thousand, nor more than three thousand shares, of one hundred dollars each; and the immediate government and direction of the affairs of said corporation shall be vested in five directors, who shall be chosen by the members of the corporation in the manner herein after provided, and shall hold their offices until others shall be duly elected and qualified to take their place as directors; and the said directors, a majority of whom shall form a quorum for the transaction of business, shall elect one of their own number to be president of the board, who shall also be president of the corporation; and said directors shall choose a clerk, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bonds to the corporation, with sureties, to the satisfaction of the directors, for the faithful discharge of his trust.

SECT. 3. Be it further enacted, That said corporation be, establish a fer- and they hereby are authorized to establish and support a ferry across Taunton Great River, in the county of Bristol, from the easterly shore of said river, between the line of the northerly side of the land, and the southerly side of the wharf of Andrew Robeson, to the western shore of said river, opposite the village of Fall River, in the town of Somerset ; and to extend into said river there, and maintain on each side of the ship channel thereof, suitable and sufficient ferry wharves.

Landing places.

SECT. 4. Be it further enacted, That said corporation be, and they hereby are authorized to lay out sufficient landing places on each side of said river, suitable for the accommodation of said

ferry; and to lay out, make and maintain a good and sufficient Location of road, to extend from the landing place located at the termination road. of said ferry, on the easterly side of said river, to South Main street, in said village of Fall River, or to some one of the public streets leading into said South Main street, and to extend from the landing place, located at the termination of said ferry on the westerly side of said river, over the Narrows on Lee's river, and over Cole's river at the town landing, in the town of Swansey, to the line of the state of Rhode Island, near Barnaby's corner. And the said corporation are authorized to lay out said road, not exceeding four rods in width, and shall keep the same in good repair.

&c.

SECT. 5. Be it further enacted, That said corporation be, Authorized to and they hereby are authorized and required to erect and keep in erect bridges, good repair a bridge over the Narrows, on Lee's river, and a bridge over Cole's river, at the town landing in Swansey, with a draw in said bridge over the Narrows, of sufficient width and suitable construction for the convenient passing of such vessels up and down said Lee's river, as cannot conveniently pass under said draw. And the said corporation shall also construct such convenient draw in the said bridge over Cole's river: provided, the public wants shall at any time require, and the Legislature shall order it.

SECT. 6. Be it further enacted, That the said corporation Authorized to shall have power, and they hereby are authorized to build and build dams, &e. maintain such abutments, piers and dams contiguous to said bridges, on either side thereof, and to excavate and keep open, or close such passage ways for the tide waters there, as may be necessary for the purposes of erecting and propelling tide-mills, for the grinding of grain: provided, nevertheless, that said cor- To construct poration shall construct and keep constantly in good repair suf- gateways for the passage of ficient gateways in the channels of said Cole's and Lee's rivers, vessels. for the safe and convenient passing and repassing of vessels, at all suitable times, free of toll. And said corporation shall be held liable to raise the draws and open such passage ways, and to afford all reasonable accommodation to vessels having occasion to pass at all seasonable times. And if any vessel shall be unrea- Damages for sonably detained in passing said bridges, or either of them, by vessels being unreasonably the negligence of said corporation, the owner or commander of detained. said vessel may recover reasonable damages therefor of the said corporation, in an action of the case, before any court proper to try the same and provided, further, that the passage ways for the passage of fish shall at all times be kept open in said bridges. SECT. 7. Be it further enacted, That the said corporation Steam ferry shall provide, and at all times keep a good steam ferry boat, or boat, &c. other boat of sufficient power to cross at said ferry; and shall afford necessary and proper accommodations, and give due attendance to all persons having occasion to pass over said ferry; and, in case of any neglect, the said corporation shall forfeit and pay the same sum which is forfeited by the like neglect, by virtue of the provisions of an act entitled "an act for regulating 1796 ch. 42.

When corporation may receive tolls.

ferries," passed the fourteenth day of February, in the year of our Lord seventeen hundred and ninety-seven, to be recovered and appropriated in the same way provided for in the act last named.

SECT. 8. Be it further enacted, That it shall be lawful, and when said ferry wharves and bridges shall be built, and said road extended from said ferry to the said town landing in Swansey, the said corporation shall have power to demand, recover and receive, to the use of said corporation, ferriage, from the time of one hour before sunrise in the morning, to the hour of nine of the clock in the evening, not exceeding the following rates, viz: Rates of tolls. for each coach, chariot, phæton, curricle, carryall, or other four wheel spring carriage, and for sleighs, used for pleasure, or for the carriage of passengers, and drawn by four horses, fifty cents; for the like, drawn by two horses, thirty-eight cents; for the like, drawn by one horse, twenty-five cents; for a chaise, sulkey, or other two wheel spring carriage, for pleasure or passengers, drawn by one horse, twenty-five cents; for sleds, wagons, carts, and other vehicles, not for pleasure, or the carriage of passengers, but for other burdens, and drawn by one horse or other beast, fifteen cents; for each additional beast, in all cases not herein otherwise provided for, ten cents; for one person and horse, ten cents; for each foot passenger, six cents; for each wheel-barrow, hand cart, or the like, eight cents; for drift calves and colts, under one year old, each, two cents; for one neat creature, ten cents; and for each additional neat creature, five cents; for sheep, lambs and swine, each, one cent; allowing with each carriage not used for the carriage of passengers, or for pleasure mainly, but for the carrying of burdens, and drawn by one horse, one person, and with such carriages drawn by more than one horse or other beast, two persons only to pass free of ferriage. And from the hour of nine of the clock in the evening, to the time of one hour before sunrise in the morning, said corporation shall have power to demand, recover and receive, to the use of said corporation, such other reasonable rates of ferriage, as the directors of said corporation shall from time to time agree Restrictions, as upon and establish. And the load for a carriage drawn by two beasts, shall not, including the carriage, exceed five thousand pounds, and not more than one thousand five hundred pounds shall be allowed for each additional beast; and no carriage shall be allowed to carry over said ferry a load, which, with the carriage, shall exceed eight thousand pounds. And for the ferriage of such beasts, vehicles, or other things, as are not herein provided for, the said corporation shall have power to demand, recover and receive, to the use of said corporation, such other reasonable rates as the said directors shall from time to time establish provided, nevertheless, that the said corporation shall not, at any time, demand or receive, of any person or persons, for passing over or upon the ferry road and bridges, herein before described, or either of them, or any portion thereof, any other tolls than the ferriage as provided for in this act. And the Le

to weight of loads, &c.

Proviso.

:

of toll after ten

gislature shall have the right, at any time after the expiration of Legislature ten years from the passage of this act, to alter and regulate the may alter rates rates of ferriage to be received by said corporation. And upon years. the ferry boats there shall be kept, and constantly exposed to view, a sign-board, with the rates of ferriage fairly and legibly written thereon.

SECT. 9. Be it further enacted, That the said corpora- Privileges and tion shall be entitled to the privileges and immunities, and be duties. subject to the duties and bound by the provisions, granted, imposed and contained in the act entitled "an act for the support 1795 ch. 74. and regulation of mills," passed the twenty-seventh day of February, in the year of our Lord seventeen hundred and ninety-six, and the several acts in addition thereto, which are now in force. SECT. 10. Be it further enacted, That the said corpora- Corporation tion shall be holden to pay all damages that may arise to any persons or corporations, by taking their lands for any of the purposes aforesaid, when the same cannot be obtained by voluntary agreement, to be estimated and recovered in manner provided by law.

liable for dam

ages.

SECT. 11. Be it further enacted, That the annual meeting Annual meetof the members of said corporation shall be holden on the first ing, choice of Monday of May, at such hour and place as the directors for the directors, &c. the time being shall appoint, at which meeting, or at an adjournment thereof, the directors shall be chosen by ballot, each proprietor being entitled to as many votes as he holds shares pro- Right of voting. vided, that no proprietor shall be entitled to more votes than one tenth the number of the shares of the stock of said corporation.

shares for the payment of the

SECT. 12. Be it further enacted, That the said corpora- Management of tion are hereby authorized and empowered by themselves, the affairs. president and directors thereof, for the time being, or their agents, to exercise all the powers herein granted, 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 purchase and hold land, materials, engines, cars and other necessary things for the use of the roads, mills and ferry named in this act, and for the transportation of persons, goods and merchandize; and to make such equal assessments Assessments, from time to time, on all the shares in said corporation, as they and sale of shall deem expedient and necessary. And in case any subscriber or stockholder shall neglect to pay any assessment on his same. share or shares for the space of thirty days after due notice from the treasurer of said corporation, the directors may order the treasurer to sell such share or shares at public auction, after giving thirty days notice thereof, to the highest bidder, and the same shall be transferred to the purchaser; and such delinquent subscriber or stockholder shall be held accountable to the corporation for the balance, if his share or shares sell for less than the assessments due thereon, with interest and costs of sale; and shall be entitled to the overplus, if his share or shares shall sell for more than the assessments due, with the interest and costs of sale: provided, however, that no assessments shall be laid Proviso.

Release of lands, &c. of persons under guardianship,

&c.

Branch railroad authorized.

route, &c.

upon any share in said corporation of a greater amount, in the whole, than one hundred dollars on a share.

SECT. 13. Be it further enacted, That when the lands or other property of any married woman, infant, or other person who is under guardianship, shall be necessary for the purposes of the several grants in this act contained, the husband of such married woman, and the guardian of such infant, or other person, may release all damages for any lands, or estates, taken and appropriated for the purposes aforesaid, as they might do if the same were holden by them in their own right respectively.

SECT. 14. Be it further enacted, That the said corporation be, and they hereby are authorized and empowered to construct and complete a rail-road from the western shore of Taunton Great river, opposite the village of Fall river, to meet the Boston and Providence rail-road at or near India Point bridge, in the town of Seekonk, through all that portion of the course of said rail-road that is included within the bounds and jurisdiction of this Commonwealth. And for this purpose the said corporation are authorized to lay out their road, not exceeding five rods wide; and for the purpose of cuttings, embankments, and for procuring stone and gravel, may take so much more land as may be necessary for the proper construction and security of said rail-road; and the course and direction of said rail-road shall be Location of the as follows :-beginning at station number one, on the western shore of Taunton Great river, on land of William Slade, in the town of Somerset, and thence proceeding north, thirty-eight degrees west, forty-six hundred and twenty feet, to station number two; thence proceeding in a curve with a radius of one mile to and over the Narrows, on Lee's river, to station number three, which is north fifty-one degrees west, from station number two; thence proceeding north, sixty-six degrees and thirty minutes west, sixty-two hundred and seventy feet, to station number four, on the north-westerly end of Long Point, in the town of Swansey, and proceeding thence in a curve with its centre to the south, and with a radius of ten miles across Cole's river to station number five, which is north sixty-eight degrees and thirty minutes west, from station number four; thence proceeding north, seventy-one degrees and thirty minutes west, nineteen hundred and eighty feet, to station number six; thence proceeding in a curve having its centre to the south, with a radius of one mile, to station number seven, which is north, seventy-five degrees west, from station number six; thence proceeding north, seventy-seven degrees west, five hundred and twenty-eight feet, to station number eight, which is in the boundary line between this Commonwealth and the state of Rhode Island and Providence Plantations, and in the line between the towns of Swansey and Warren; then commencing at station number ten, in the line between this Commonwealth and said state of Rhode Island, and in the line between the towns of Barrington and Seekonk, and proceeding thence north, fifty degrees and thirty minutes west, eighty hundred and fifty-two feet to station number eleven ;