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Tolls subject to control of the Legislature,

eighty cents; laths per thousand, twenty five cents; shingles per thousand, fifteen cents-For transportation of sawed lumber, from Stillwater Mills to Bangor, per thousand feet, one dollar; and for other lumber of the description aforesaid, in the same proportion; and those rates to be the basis for intermediate distances exceeding five miles -For each passenger from Bangor to Oldtown or from Oldtown to Bangor, forty cents; and for each passenger from Bangor to Stillwater, or from Stillwater to Bangor, thirty three cents-For merchandize and other articles a toll not exceeding fifteen cents per ton per mile. And a lien is hereby created on all articles so transported for the toll and expenses of transportation. And the tolls

olls colore aforesaid shall be subject to the control of the Legislature, 8 from and after the expiration of ten years from the completion thereof, Provided, said tolls shall not be so far Proviso. reduced by the Legislature, as to render the net profits of said Railway, after deducting all necessary expenses, less than twelve per cent. upon the cost of said Railway, taking the five preceeding years as the basis of calculation.

Sect. 3. Be it further enacted, That said Corporation Holden to transshall at all times, when said Railroad is passable, be bound Deher articles. and holden to transport all lumber or other articles, at the tolls named in the second section of this act.

Sect. 4. Be it further enacted, That the Books of said Corporation, shall, at all times, be open to the inspection ed at all times ta of the Governor and Council, and of any Committee duly. and Council, &ca. authorized by the Legislature; and at the expiration of ten years from the completion of said Railroad, the Treasurer of said Corporation shall make an exhibit under oath to the Legislature of the net profits derived from said Railroad. Sect. 5. Be it further enacted, That said Corporation may make

w ow for the mon, by-laws, &c. may make such by laws as may be necessary for the man- bs agement of their affairs, not repugnant to the laws of this Ştate; and if one half the labor of grading said Road shall not be performed the ensuing season, then this Act, and the Act to which this is additional, shall be void.

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Books to be open ed at all times to inspection of Gov. ans in certain cases.

Privileges grant

Sect. 6. Be it further enacted, That when said Corporation shall take any land, or other estate, as authorized by the Act to which this is additional, of an infant, person

non compos mentis, or feme covert whose land is under Power of guardi- guardianship, the guardian of such infant, or person non

compos mentis, and such seme covert with the guardian of her husband, shall have full power and authority to agree and settle with said Corporation for damages, by reason of taking such land or estate as aforesaid, and give good and valid releases and discharges therefor.

Sect. 7. Be it further enacted, That the Bangor and

Oldtown Railway Company, the Bangor and Piscataquis ed to other Rail Canal and Rail Road Company, and the Penobscot River

Rail Road Company shall severally have the right to pass over or under, or to cross at grade, any Rail Road, belong. ing to either of said Corporations which may be constructed, within the village of Oldtown, in a manner not to injure such Rail Road, or impede the travel thereon. Provided, That nothing in this section shall be construed, as giving the Bangor and Piscataquis Canal and Rail Road Company, any right to cross the track of the Bangor and Oldtown Railway, unless they have the right by their present charter to go to Oldtown village: nor any right to the Penobscot River Rail Road Company, unless the right to go to Oldtown village has been, or may be granted said Company in their Charter.

Roads,

Proviso.

Chapter 111.
AN ACT 10 establish the Penobscot River Rail Road Corporation.

Approved March 15, 1836. Sect. 1. Be it enacted by the Senate and House of Representatives in Legislature assembled, That Deodat Brastow, Joseph R. Folsom, Henry Darling, Joseph Bryant and Sewall Lake, their associates, successors and assigns be, and they hereby are made a Corporation by the name ol

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the “Penobscot River Rail Road Corporation,” with all Corporate name.
the powers and privileges, and subject to all the liabilities
in the Statute of February the sixteenth, eighteen hundred
and thirty six, entitled “An Act concerning Corporations”
and in the Statute of March the first eighteen hundred
and thirty six, entitled "An Act defining certain rights and
duties of Rail Road Corporations;" and the said Corpora-
tion are hereby authorized and empowered to locate and Powers, &
construct a Rail Road from any place at or near the tide
waters of Penobscot River in the Town of Bucksport to
and through the Towns of Orrington, Brewer, Eddington
and Bradley, and into the Town of Milford to; the shore
of Penobscot River and across the same to the western
bank thereof at or near that part of Orono called Old-
town, with the right of extending a branch of said Rail
Road from any point of its location in Brewer, to any point
or place at the shore of Penobscot River, at or near the
City of Bangor, and from the end of said branch at the
eastern shore of said river in the direction to Oldtown to
the main Rail Road, and also another branch in Bradley
from any point of the main Rail Road to the shore of
Penobscot River, at or near Lower Stillwater in Orono.
Saving to the public the right to locate and construct any
highway across said Rail Road, subject to the existing
provisions of law for the location, construction and repair
of highways.

Sect. 2. Be it further enacted, That the Capital stock
of said Corporation shall consist of not less than two thou- Number of shares
sand five hundred, nor more than four thousand shares, of ital stock.
one hundred dollars each; and at all meetings of said Cor-
poration, each proprietor shall be entitled to as many votes
as he holds shares, and may vote either in person or by
proxy; Provided, that no vote shall be given by any propri-
etor, by virtue of any shares held by him, exceeding one
tenth part of the whole number of shares; and the immedi- Gov:
ate government and direction of the affairs of said Corpo-
ration shall be vested in not less than five nor more than
nine directors, wno shall be chosen by the members of
the Corporation.

-amount of cap

Government, &c. Power of President and Directors.

mente, &c.

Sect. 3. Be it further enacted, 'That the President and Power of Presi- Directors for the time being are hereby authorized and

empowered, by themselves, or their Agents, to exercise all the powers herein granted to the Corporation, for the purpose of locating and constructing said Rail Road, and for the transportation of persons, goods and merchandize, and such other powers and authority for the management of the affairs of the Corporation, not heretofore granted, as may be necessary and proper to carry into effect the objects of this grant; to purchase and hold lands, materials, engines, cars, and other necessary things, in the name

of the Corporation, for the use of said Road, and for the May make assess- transportation of persons, goods and merchandize, to make

such equal assessments, from time to time, on all the shares in said Corporation, as they may deem expedient and necessary, and direct the same to be paid to the Treasurer of the Corporation. And the Treasurer shall give notice

of all such assessments; and in case any subscriber or Assessments, stockholder shall neglect to pay his assessment, for the

space of sixty days after due notice, by the Treasurer of said Corporation, the Directors may order the Treasurer to sell such share or shares at public auction, after giving due 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 shall sell for less than the assessment due, with interest and cost of sale; and after paying the same, shall be entitled to the overplus, if any remain; Provided, that no assessment shall be laid upon any shares in said Corporation of a greater amount in the whole, than one hundred dollars on each share. , .

Secr. 4. Be it further enacted, That a toll be, and is hereby granted and established, for the sole benefit of said Corporation, upon all passengers and property of all descriptions, which may be conveyed or transported upon said road, at such rates as may be established from time to time, by the Directors of said Corporation. And the

how collected in certain cases.

Proviso.

Toll.

transportation of persons and property, the construction of Directors, powers wheels, the form of cars and carriages, the weight of loads, and all other matters and things in relation to the use of said road, shall be in conformity to such rules, regulations and provisions as the Directors shall from time to time prescribe and direct; and said road may be used by any the use any person or persons, corporation or corporations, who shall pation. comply with such rules and regulations; Provided, that Proviso. after ten years from the completion of said Railroad whenever the profits arising from tolls, or otherwise, shall exceed the amount of twelve per centum per annum on the actual cost of said Railroad, after deducting all necesary disbursements in conducting its operations, then the Legislature shall from time to time have the right so to duced by Legis reduce such tolls as may have been established, not below cats the rate of twelve per centum per annum as aforesaid, as may be judged expedient. And to carry this provision into effect, it shall be the duty of said Corporation within twelve months after such Railroad shall have been put in operation, or any section thereof, to make returns to the To make return Governor and Council of the actual cost of said Railroad, Council. or section, and annually thereafter of all the disbursements allowed by the Directors, and the rates of toll by them established, the amount of tolls and other profits received, and the rate of profit, or per centum on the cost aforesaid actually realized within the year. And if the Legislature Legislature may shall not be satisfied with such return, the Legislature may affairs of Corporequire an examination into the affairs of the Corporation in such manner as they shall direct. And if it shall appear that the affairs of said Corporation have not been economically conducted and that the profits arising from tolls or otherwise might have exceeded the maximum of twelve per centum per annum, or that any wilful evasion of the provisions of this section has been practised by said Corporation, then the Legislature shall have the right to make such reasonable reductions of the charges for disbursements aforesaid, allowed and charged by said Directors, as shall be judged economical, and from such basis

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