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persons respectively to whom damages may be assessed, for the amount so to them assessed. Provided, that said. railroad shall not be worked upon or opened across the lands of any person, until the damages assessed to such person shall have been paid or secured to be paid to his satisfaction; and the said damages shall be so paid or deposited with the treasurer of the county, within sixty days after the same shall have been finally determined. Provided, that it shall not be necessary in order to the location of said road by the directors, and the approval thereof by the commissioners, that the width thereof shall be definitely established by said directors or commissioners, previous to said location; but before the damages shall be assessed to any landholder, by the appraisers, the width of said railroad shall be definitely fixed and established by said directors over and across the land so taken, upon one or both sides of the line of the road so located. And the said company may at any time before the completion of said road, alter and change any part of the location thereof, or discontinue such part thereof as in their opinion, convenience or necessity may require to be changed or discontinued, subject to the approval of the commissioners on said road, and the other requirements of said charter. Provided, further, that in case the persons required by this section to be notified shall have no place of residence in this state, known to the occupant of the land over which said road passes, or to any of the directors or commissioners of said company, then a notice published three weeks successively in two newspapers, printed one in Windham county and the other in New London county, stating what proceedings are intended by said company to be instituted, shall be sufficient notice to such non-resident landholder; and when the place of residence of any such landholder is known to the occupant of the land, or to any director or commissioner aforesaid, and is out of this state, then a duplicate original notice, or a true and attested copy of the original notice, deposited in the

post office, post-paid, directed to such person four weeks before the hearing is to be had, shall be sufficient notice according to said charter; or any judge may give an order of notice, as in case of a bill in equity, in any of the cases aforesaid.

SEC. 3. When the lands or other property or estate of any feme covert, or person non compos mentis, shall be necessary for the construction of said road, said lands may be taken, notice being given to the husband of such feme covert, and the guardian of such infant or person non compos mentis, and the said husband and guardian may respectively release all such damages to any lands or estate taken and appropriated as aforesaid, as they might do if the same were holden in their own right respectively.

SEC. 4. Said company is hereby authorized to construct, erect, build, make and use a single, double or treble railway or road of suitable width and dimensions, to be determined by the directors of said company, on the line or course by them designated, and shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same; and shall have power to erect and maintain toll-houses and other buildings for the accommodation of their concerns, as they may deem suitable to their interests.

SEC. 5. That whenever it shall be necessary for the construction of their single, double or treble railroad or way, to intersect or cross any stream of water or water-course, or any road or highway, it shall be lawful for said company to construct said railroad across or upon the same; but the said company shall restore the said stream or water-course, or road or highway, thus intersected, to its former state, or in sufficient manner not to impair its usefulness. And in all cases when any road or public highway is so located that said railroad cannot be judiciously laid out and constructed across or upon the same, without interfering therewith, in such case or cases said corporation may, by their engineers,

cause such road or roads to be changed or altered in such manner that said railroad may be made on the best site of ground for that purpose; provided, that said corporation shall put such road in as good repair as at the time of changing and altering the same. And said corporation may apply to any judge of the superior court, who, by law, may judge between the parties, who, after notice given, may appoint three disinterested persons to determine whether said corporation have complied with the provisions aforesaid, and if approved by them, their decision shall be final.

SEC. 6. That it shall be lawful for the company hereby incorporated, from time to time, to fix, regulate and receive the tolls and charges, by them to be received for transportation of persons or property, on their single, double or treble railroad or way aforesaid, hereby authorized to be constructed, erected, built or used, or upon any part thereof.

SEC. 7. The Legislature may authorize any other company to enter with another railroad at any point of said Southbridge and Blackstone railroad, in this state, paying for the right of using the same, or any part thereof, such a rate of toll as the directors of said Southbridge and Blackstone railroad company may from time to time prescribe, and complying with such rules and regulations as may be established by said Southbridge and Blackstone railroad

company.

SEC. S. If said company shall not construct and complete and put in operation a single, double or treble railroad as hereinbefore authorized, within four years from the passage of this act, then this act shall be null and void.

SEC. 9. Legal process may be served upon the treasurer, secretary or any director of said company, residing in this state, and it shall be the duty of said company to provide that one or more of said officers shall at all times be a resident of this state. And if, at any time, by reason of death or other unforeseen event, there shall not be any such officer resident in this state, service may be made on any agent or

servant in the employment of said company. And said corporation shall be held to answer within the jurisdiction where such service shall be made and where the process may be returnable.

SEC. 10. The railroad of said company and all the real and personal property of said company in this state, shall be subject to all laws of this state, in the same manner and to the same extent as though the same were owned by a company created under the authority of this state.

SEC. 11. This act shall not take effect until the same shall have been accepted by said Southbridge and Blackstone Railroad Company, at a meeting of the stockholders called for that purpose, and a certificate thereof, under the hands of the president and secretary, filed at the office of the Secretary of this State.

SEC. 12. This act may be altered, amended or repealed at the pleasure of the General Assembly.

EXTENDING TIME FOR COMPLETING THE NEW YORK AND HART

FORD RAILROAD.

Resolved by this Assembly, That the time within which the New York and Hartford railroad company were, by the terms of their original charter, required to complete their railroad from Hartford to the west line of this state, be, and the same is hereby extended three years.

EXTENDING THE TIME FOR COMPLETING THE HARTFORD AND PROVIDENCE RAILROAD.

Resolved by this Assembly, That the time within which the Hartford and Providence railroad company is required to complete their railroad between Willimantic and the east

line of this state, or to expend the sum of one hundred thousand dollars on the same, be, and the same is hereby extended three years.

AMENDING CHARTER OF THE HARTFORD AND PROVIDENCE RAILROAD COMPANY.

SEC. 1. Resolved by this Assembly, That the New York and Hartford railroad company, be, and the same is hereby united with, made part of, and merged in the Hartford and Providence railroad company-and when said union and merger shall have been completed by an acceptance of the provisions of this act, as hereinafter, provided, said two companies shall constitute one united company, with a capital consisting of the present capital of the said Hartford and Providence railroad company, and to be increased from time to time to a sum not exceeding the joint capital allowed to said two companies, and to be from time to time issued in the manner hereinafter provided.

SEC. 2. Said Hartford and Providence railroad company shall, upon said union being completed, thereupon become and be possessed of all the estate and property, rights and interests already acquired, contracted for, or which shall hereafter be acquired, obtained or perfected under any proceedings already instituted or begun by both or either of said companies, and the same are hereby vested in said company to the same and as full extent as either of said corporations have or would, or might have had or enjoyed the same, under said proceedings, had not said union and merger taken place.

SEC. 3. Such union and merger being perfected by the acceptance of the provisions of this act, as hereinafter provided, shall forever thereafter bar any action at law, or in equity, against the said New York and Hartford railroad compay and the stockholders thereof, their representatives, and

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