the expiration of twenty years from the first day of July, in the year eighteen hundred and fifty-seven; which scrip or certificates shall be deemed to be a pledge of the faith and credit of the commonwealth for the redemption thereof. And the said scrip or certificates shall be sold by the treasuerr, in such sums as he shall require or find necessary for the purpose of raising funds to pay and redeem the scrip issued for the same amount to the Norwich and Worcester Railroad Company, under and by virtue of the act of March 20th, 1837, entitled "An act to aid the construction of the Norwich and Worcester Railroad," which was made payable at the expiration of twenty years from the first day of July, 1837.

SEC. 2. It shall be the duty of the treasurer of the commonwealth to pay and redeem the scrip, issued as aforesaid, to the Norwich and Worcester Railroad Company, whenever presented and demanded, after the same becomes due, out of the avails of the sale of the scrip to be issued under the provisions of this act, and to hold the scrip so redeemed, and the bond and mortgage made and given, and the stock transferred to the commonwealth as security for the same, in pursuance of the said act of March 20, 1837, to be enforced against said company, as herein provided. SEC. 3. The Norwich and Worcester Railroad Company shall, semiannually, on or before the first days of June and December, pay to the treasurer of the commonwealth, the sum of ten thousand dollars, as interest on the amount paid by the commonwealth to redeem the said scrip, for the term of twenty years, and shall also, annually, on the first day of December, pay to the said treasurer, for the purpose of creating a sinking fund, the further sum of ten thousand dollars, during said term of twenty years, and shall also pay all costs and expenses for making and issuing such certificates or scrip as herein provided.

SEC. 4. The said sums of ten thousand dollars, paid annually, as herein before provided, together with the premium, if any, which shall be received on the sale of said scrip, issued under the provisions of this act, shall be held by the said treasurer and put at interest, and the same with the interest accruing thereon, shall constitute a sinking fund for the future payment and final redemption of the scrip issued to the said Norwich and Worcester Railroad Company, and redeemed by the said treasurer, under the provisions of this act. And the said sinking fund shall be held and managed by said treasurer of the commonwealth, or such commissioners as may be by law provided; and all reasonable charges and costs, in the management thereof, being approved by the governor and council, shall be paid from the same.

SEC. 5. At the expiration of said term of twenty years, or sooner, if the amount of the said sinking fund shall be sufficient therefor, the amount of said sinking fund shall be applied to the payment and liquidation of the said sum of four hundred thousand dollars, due to the commonwealth from said company, for the redemption of said scrip issued under said act of March 20th, 1837, and if at the expiration of said term, the said sinking fund shall be insufficient to pay the said sum, the said company shall be required to pay the balance of said sum on the day of the expiration of said term. And on such payment and complete liquidation of the debt, the treasurer of the commonwealth shall surrender to said company the bond of said company, and the mortgage given to secure the same, and the four thousand shares of the stock of said company, made and given to

the commonwealth, in pursuance of the provisions of said act of March 20th, 1837.

SEC. 6. In case of the failure of the said company to pay the interest due on the said scrip, issued under the said act of March 20th, 1837, until the maturity thereof, or to pay the expenses and cost of issuing the scrip herein provided for, or to pay the interest semi-annually, as herein provided, or to pay annually to the treasurer of the commonwealth the sum of ten thousand dollars as herein provided for a sinking fund, then in such case it shall be the duty of the treasurer of the commonwealth to enter upon and take possession of the railroad of said company, and enforce all the provisions of said bond given by said company to the commonwealth, and make use of all the security or pledge held by the commonwealth, according to the provisions of the said act of March 20th, 1837, for the payment of said debt and indemnity to the commonwealth for all loss or injury in relation thereto, and the said mortgage and pledge and the said bond are hereby declared not to be waived or impaired by any delay in enforcing the same, or by any of the provisions of this act, until the entire payment and satisfaction of the debt due to the commonwealth, according to the true and original intent and meaning of the same.

SEC. 7. This act shall not take effect unless the said Norwich and Worcester Railroad Company, before the first day of January next, at a meeting of the stockholders, duly notified for that purpose, shall have assented to all the provisions thereof, nor unless the same shall be approved by the legislature of the state of Connecticut before the first day of January, in the year eighteen hundred and fifty-six.

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A true copy. Attest. Witness the seal of the commonwealth.

Therefore,

Signed,

WILLIAM TUFTS, Deputy Secretary of the Commonwealth.

Resolved by this Assembly, That the said act of the state of Massachusetts, with all the provisions thereof, be and the same hereby are ratified, approved and confirmed. Provided always, that said act shall not take effect unless the said Norwich and Worcester Railroad Company, before the first day of January next, at a meeting of the stockholders of said company, duly notified for that purpose, shall have assented to all the provisions thereof.

CONCERNING A BRIDGE AND HIGHWAY OVER NORWICH AND WORCESTER RAILROAD, IN THE TOWN OF KILLINGLY.

PASSED 1855.

WHEREAS, it is provided in the fourteenth section of the charter of the Norwich and Worcester Railroad Company, granted in the year 1832, that said company should maintain in good repair all bridges with their abutments and embankments which they mi ht construct for the purpose of conducting their railroad over any highway, or for the purpose of conducting a highway over their railroad. And whereas, in constructing their railroad through the town of Killingly, it became necessary to construct the same across a certain public highway in said town, called the "Shephard hill road," a short distance west of the house of Lysander Warren, which said highway was located along and upon a ridge of land, so that in constructing said railroad across the said highway it was necessary to make a deep cut through said ridge of land, and also to construct bridge across said cut for the purpose of conducting said highway over said railroad; and for the purpose of avoiding the expense of building and maintaining said bridge, &c., the said company did, under another provision of their charter, change the location of said highway, so that it crossed said highway at grade. And whereas, the county court for Windham county, at its December term, 1854, did upon petition in the usual form, and after the usual hearing before commissioners, &c., change said highway back to its original location. And whereas, the said railroad company refuse to build said bridge, and doubts exist whether any judicial court has power to grant relief to the town of Killingly in the premises; therefore,

Resolved by this Assembly, That the town of Killingly be authorized to prefer their petition to the superior court for Windham county, setting forth the facts upon which they rely, and giving the usual notice to said railroad company; and that said court be authorized to hear the same, and upon such hearing to make such order and draw upon the parties as to the building and maintaining said bridge with its embankments and abutments, as the rights of the parties growing out of the charter of said railroad may require, and that the decree of the county court of Windham county, requiring the town to build said road, be suspended until such hearing be had.

EXTENDING THE TIME FOR THE CONSTRUCTION OF THE NORWICH AND WORCESTER RAILROAD FROM ALLYN'S POINT TO LONG ISLAND SOUND.

PASSED 1856.

Resolved, That the time for completing the construction of the Norwich and Worcester Railroad, between Norwich and Long Island Sound, as now located, be and the same hereby is extended to the first day of January, A. D. 1860; and the said railroad company are hereby authorized to proceed in the construction and completion of the remaining portion of said road between Allyn's point, its present terminus and Long Island Sound, or any portion of the same, in accordance with the provisions of the charter of said company and the public acts of this state relating to railroad companies.

INCORPORATING THE SALEM AND LISBON RAILROAD COMPANY.

PASSED 1852.

Resolved by this Assembly, SEC. 1. That Joseph Ellsworth, Edward W. Pratt, Ulysses Pratt, Amasa Hayden, Jr., Albert Waterman, Richard Tiffany, Elias F. Parmelee, James Phelps, Ása P. Williams, Samuel E. Ely, Seth E. Lathrop, with such other persons as shall associate with them for that purpose, are constituted a body corporate and politic, by the name of the Salem and Lisbon Railroad Company, and by that name to sue and be sued, plead and be impleaded in any court in this state; to make and have a common seal, and the same to alter and renew at pleasure; and the company is hereby invested with all the powers, privileges and immunities which are or may be necessary to carry into effect the purposes of this act. And the company is hereby empowered and authorized to locate, construct, and finally complete a single, double or treble railroad or way, from some suitable point in the town of Salem, in the county of New London, on the line of the Norwich and Westbrook railroad, as the same may be loacted, in pursuance of the charter of said road granted by this assembly in 1851, thence by some feasible route through the towns of Bozrah and Franklin, to the line of the Hartford, Providence and Fishkill railroad, as the same shall be constructed, in the town of Lisbon, in said county, as shall be most suitable and convenient; and to take, transport, and carry persons and property upon said railroad or way, by the power and force of steam, of animals, or of any mechanical or other power, or any combination of them which said company may choose to apply; and the said company is hereby vested with all the powers, privileges and immunities conferred and granted by the public acts of this state, relating to railroad companies, now in force, and is made subject to all the duties, conditions, restrictions and requirements imposed by said public acts. And the said

company may, at any time before the completion of said road, alter or change any part of the location, or discontinue such part thereof, as in their opinion convenience or necessity may require, subject to the approval of the commissioners on said road, the other requirements of this charter and the provisions of the public acts aforesaid relating to railroad companies, now in force.

SEC. 2. That the capital stock of said company shall be two hundred and fifty thousand dollars, with the privilege of increasing the same to any amount not exceeding three hundred thousand dollars, to be divided into shares of one hundred dollars each.

SEC. 3. That the persons named in the first section hereof, or a majority of them, shall open books to receive subscriptions to the capital stock of said company, at such times and places as they may appoint, and shall give such notice of the times and places of opening said books as they may deem reasonable, and shall receive said subscriptions under such regulations as they may adopt for that purpose; and if more than two thousand five hundred shares of stock shall be subscribed, they shall have power to make the shares so subscribed the capital stock of said company; provided they shall not exceed three thousand shares, and in case the subscriptions shall exceed three thousand shares, the same shall be reduced and apportioned in such manner as may be most beneficial to the corporation.

SEC. 4. The persons named in the first section hereof, or a majority of them, are hereby authorized, after the books of subscription to the capital stock of said company are closed, to call the first meeting of the stockholders of said company, in such way and at such time and place as they may appoint, for the choice of directors of said company. And in all meetings of the stockholders of said company, each share shall entitle the holder thereof to one vote, which vote may be given by such stockholder in person or by proxy.

SEC. 5. That in case it shall so happen that an election of directors shall not be made on any day appointed by the by-laws of said company, said company shall not for that cause be deemed to be dissolved, but such election may be holden on any day which shall be appointed by the directors of said company; and said directors shall have power to fill any vacancy which may occur by death, resignation or otherwise.

SEC. 6. That the directors shall have full power to make and prescribe such by-laws, rules and regulations, not contrary to this charter, or the laws of this state, or the laws of the United States, touching the disposition and management of the stock, property, estate and effects of the company, the duties and conduct of their officers and servants, and all matters whatsoever which may appertain to the concerns of the said company as they shall deem needful and proper. Said company is also hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the object for which this act of incorporation is granted.

SEC. 7. That when the lands or other property or estate of any femecovert, infant or non compos mentis, shall be necessary for the construction of said railroad, said lands, property or estate may be taken, notice being given to the husband of such feme-covert, and the guardian of such infant or non compos mentis, and they may respectively release all dam