1 SECT. 8. The Essex Railroad Company are au2 thorized to build and maintain so much of the route 3 described in the second section of this act, as is in4 cluded between Salem and the New Mills in Danvers: 5 provided, that said Essex Company allow the com6 pany hereby created to maintain an independent track 7 over their road-bed, between Salem and the New 8 Mills, as aforesaid. 1 SECT. 9. This act shall take effect from and after 2 its passage. HOUSE....No. 106. [Reported by the Committee on Railways and Canals.] Commonwealth of Massachusetts. In the Year One Thousand Eight Hundred and FortyEight. AN ACT To establish the Salisbury and East Kingston Railroad Company. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: 1 SECT. 1. Luther D. Peaslee, Samuel Webster, 2 Rufus Dow, their associates and successors, are here3 by made a corporation, by the name of the Salisbury 4 and East Kingston Railroad Company, with all the 5 powers and privileges, and subject to all the duties, 6 liabilities, and provisions, contained in the forty-fourth 7 chapter of the Revised Statutes, and in that part of 8 the thirty-ninth chapter of the Revised Statutes 9 which relates to railroad corporations, and other subse10 quent acts, which have been or may be passed, relating 11 to railroad corporations. And the said corporation is 12 hereby authorized and empowered to locate, construct, 13 and finally complete, a railroad, with one or more 14 tracks, from some point in Salisbury, near the engine15 house or depot of the Salisbury Branch Railroad Com16 pany; thence running a northerly direction, to the 17 boundary line between the Commonwealth of Massa18 chusetts and the State of New Hampshire. 1 SECT. 2. The capital stock of said railroad com2 pany shall consist of not more than four hundred 3 shares, the number of which shall be determined, from 4 time to time, by the directors thereof, and no assess5 ment shall be laid thercon, of a greater amount, in the 6 whole, than one hundred dollars on each share. And 7 the said corporation may purchase and hold such real 8 estate on the line, and at the termination of said road, 9 and such materials, cars, engines, and other things, as 10 may be necessary for depots, for the use of said road, 11 and for the transportation of persons, goods, and mer12 chandise. And the said corporation may make such 13 arrangements with the Boston and Maine Railroad 14 or the Eastern Railroad, either by the sale or transfer 15 of the whole or part of the franchise hereby granted, 16 or by the sale or lease of the whole or part of said 17 road, as may be mutually agreed on by the directors 18 of said corporations; and, in such case, said Boston 19 and Maine Railroad, or said Eastern Railroad, may 20 transport passengers on said Salisbury and East King21 ston Railroad, with the same privileges as upon the 22 residue of their line. And the said Salisbury and 23 East Kingston Railroad are hereby authorized to 24 enter, with their railroad, upon such part of the 25 Salisbury Branch Railroad, in Salisbury, as shall be 26 deemed most expedient, paying, for the right to use 27 the same, or any part thereof, such rate of toll as the 28 legislature may, from time to time, prescribe, and 29 complying with such rules and regulations as may, 30 from time to time, be adopted by the directors of the 31 Eastern Railroad. 1 SECT. 3. If the location of said road be not filed, 2 according to law, within two years, or if said company 3 shall not complete said road to the extent provided for 4 in the first section of this act, with at least one track, 5 within three years from the date of the same, then 6 this act shall be null and void. 1 SECT. 4. The legislature may authorize any com2 pany to enter, with another railroad, at any point of 3 said Salisbury and East Kingston Railroad, and use 4 the same, or any part thereof, paying therefor such a 5 rate of toll or compensation as the legislature may, 6 from time to time, prescribe, or that may be fixed 7 under the provisions of any general law of this Com8 monwealth, complying with such rules and regulations 9 as may be established by said Salisbury and East 10 Kingston Railroad Company; and the legislature 11 may, after the expiration of five years from the time 12 when the said railroad shall be opened for use, from 13 time to time, reduce the rate of tolls or other profits |