9 wheels, the form of cars and carriages, the weight 10 of loads, and all other matters and things in relation 11 to the use of said road, shall be in conformity with 12 such rules, regulations and provisions as the Direc13 tors shall from time to time prescribe and direct; 14 and said road may be used by any persons who shall 15 comply with such rules and regulations: Provided, 16 however, that if at the expiration of ten years from 17 and after the completion of said road, the net in18 come or receipts from tolls and other profits, taking 19 the ten years aforesaid as the basis of calculation, 20 shall have amounted to more than ten per cent. per 21 annum upon the cost of the road, the Legislature 22 may take measures to alter and reduce the rate of 23 tolls and other profits in such manner as to take off 24 the overplus for the next ten years, calculating the 25 amount of transportation upon the road to be the 26 same as in the ten preceding years; and at the ex27 piration of every ten years thereafter, the same pro28 ceedings may be had. Provided, further, That the 29 Legislature shall not at any time so reduce the tolls 30 and other profits as to produce less than ten per 31 cent. upon the cost of the said rail road, without the 32 consent of said corporation, and no other rail road 33 than the one hereby granted, shall, within thirty 34 years from the passing of this Act, be authorized to 35 be made, leading from Worcester or Millbury to the 36 county of Hampden, or from Springfield to the coun37 ty of Berkshire.

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SEC. 6. Be it further enacted, That the Directors 2 of said corporation for the time being, are hereby 3 authorized to erect toll houses, establish gates, ap4 point toll gatherers, and demand toll upon the road

5 when completed, and upon such parts thereof as 6 shall from time to time be completed.

1 SEC. 7. Be it further enacted, That the said cor2 poration be, and they hereby are authorized to make 3 branches of the said rail road, leading from their 4 main road to such convenient places in either of the 5 towns through which the said main road shall pass, 6 or the towns adjoining the same, as they may deem 7 suited to promote the convenience of the inhabitants 8 thereof, and the interests of the said corporation, 9 and also to construct a branch of the said rail road, 10 within the valley of the Connecticut river to the 11 southern boundary of the State, in a direction to12 wards the city of Hartford, for the purpose of uniting 13 with such rail road as may be constructed, to meet 14 the same within the State of Connecticut.

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SEC. 8. Be it further enacted, That the said cor2 poration shall be holden to pay all damages that may 3 arise to any person or persons, corporation or cor4 porations, by taking their lands for said rail road, 5 when it cannot be obtained by voluntary agreement, 6 to be estimated and recovered in the manner provi7 ded by law for the recovery of damages happening 8 from the laying out of highways.

1 SEC. 9. Be it further enacted, That when the 2 lands, or other property or estate of any married 3 woman, infant, or person under guardianship, shall 4 be necessary for the construction of said rail road, 5 the husband of such married woman, and the guar6 dian of such infant or other person, may release all 7 damages for any lands or estates taken and appro8 priated as aforesaid, 'as they might do if the same 9 were holden by them in their own right respectively.

1 SEC. 10. Be it further enacted, That if any per2 son shall wilfully and maliciously, or wantonly, and 3 contrary to law, obstruct the passage of any carriage 4 on said rail road, or in any way spoil, injure or de5 stroy said rail road, or any part thereof, or any thing 6 belonging thereunto, or any material or implements 7 to be employed in the construction, or for the use of 8 said road, he, she or they, or any person or persons 9 assisting, aiding or abetting in such trespass, shall 10 forfeit and pay to said corporation, for every such 11 offence, treble such damages as shall be proved be12 fore the Justice, Court or Jury, before whom the trial 13 shall be had, to be sued for and recovered before any 14 Justice, or in any court proper to try the same, by 15 the Treasurer of the corporation, or other officer 16 whom they may direct, to the use of said corpora17 tion; and such offender or offenders shall be liable 18 to indictment by the Grand Inquest for the county 19 within which such trespass shall have been commit20 ted, for any offence or offences contrary to the above 21 provisions, and on conviction thereof before any 22 court competent to try the same, shall pay a fine, 23 not exceeding one hundred dollars, nor less than 24 thirty dollars, to the use of the Commonwealth, or 25 may be imprisoned for a term not exceeding one 26 year, at the discretion of the court before whom such 27 conviction may be had.

1 SEC. 11. Be it further enacted, That the annual 2 meeting of the members of said corporation shall be 3 holden on the second Monday of June, at such time 4 and place as the Directors for the time being shall 5 appoint, at which meeting the Directors shall be 6 chosen by ballot, each proprietor being entitled to

7 as many votes as he holds shares: Provided, That 8 no vote shall be given by any proprietor by reason 9 of any shares held by him, exceeding one tenth part 10 of the whole number of shares. And the Directors 11 are hereby authorized to call special meetings of the 12 stockholders whenever they shall deem it expedient 13 and proper, giving such notice as the corporation by 14 their by-laws shall direct.

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SEC. 12. Be it further enacted, That if the said 2 rail road, in the course thereof, shall cross any pri3 vate way, the said corporation shall so construct said 4 rail road as not to obstruct the safe and convenient 5 use of such private way; and if said rail road shall 6 not be so constructed, the party aggrieved shall be 7 entitled to his action on the case in any court proper 8 to try the same, and shall recover his reasonable 9 damages for such injury and if the said rail road 10 shall, in the course thereof, cross any canal, turn11 pike, or other highway, the said rail road shall be so 12 constructed as not to impede or obstruct the safe 13 and convenient use of such canal, turnpike or other 14 highway. And the said corporation shall have the 15 power to raise or lower such turnpike, highway, or 16 private way, so that the said rail road, if necessary, 17 may conveniently pass under or over the same; and 18 if said corporation shall raise or lower any such turn19 pike, highway or private way, pursuant thereto, and 20 shall not so raise or lower the same as to be satis21 factory to the proprietors of such turnpike, or to the 22 selectmen of the town in which said highway or pri23 vate way may be situate, as the case may be, said 24 proprietors or selectmen may require in writing of 25 said corporation, such alteration or amendment as

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26 they may think necessary. And if the required 27 amendment or alteration be reasonable and proper, 28 in the written opinion of the County Commissioners 29 for the county in which such alteration or amend30 ment is proposed, and the said corporation shall un31 necessarily and unreasonably neglect to make the 32 same, such proprietors or selectmen, as the case may 33 be, may proceed to make such alteration or amend34 ment, and may institute and prosecute to final judg35 ment and execution, in any court proper to try the 36 same, any action of the case against said corpora37 tion, and shall therein recover reasonable damages 38 for all charges, disbursements, labor and services, 39 occasioned by making such alterations or amend40 ments, with costs of suit.

1 SEC. 13. Be it further enacted, That if the said 2 corporation shall not have been organized, and the 3 location of the route filed with the County Commis4 sioners of the counties through which the same shall 5 pass, on or before the first day of December, in the 6 year of our Lord one thousand eight hundred and 7 thirty eight, or if the said corporation shall fail to 8 complete the part of said rail road leading from 9 Worcester to the Connecticut river on or before the 10 first day of December, in the year of our Lord one 11 thousand eight hundred and thirty nine, in either of 12 the above mentioned cases this act shall be null and 13 void.

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SEC. 14. Be it further enacted, That said rail 2 road company shall constantly maintain in good re3 pair all bridges with their abutments and embank4 ments, which they may construct for the purpose of 5 conducting their rail road over any canal, turnpike,