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SECT. 5. Said company is hereby authorized to enter upon and unite their railroad, by proper turnouts and switches, with said Watertown Branch of the Fitchburg Railroad, and use the same, or any part thereof.

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1 SECT. 6. The legislature may authorize any com2 pany to enter with another railroad upon, and use 3 said Waltham and Newton Branch Railroad, or any 4 part thereof, by complying with such reasonable rules 5 and regulations as the said Waltham and Newton 6 Branch Railroad Company may prescribe, or as may 7 be determined according to the provisions of law.

1 SECT. 7. The legislature may, after the expira2 tion of five years from the time when the said 3 Waltham and Newton Branch Railroad shall be opened 4 for use, from time to time, alter and reduce the rate of 5 toll or profits upon said road; but said toll shall not

6 be so reduced, without the consent of said company, 7 as to produce, with said profits, less than ten per cent. 8 per annum upon the investments of said company.

1 SECT. 8. The Fitchburg Railroad Company may, 2 by a vote of the stockholders specially convened for 3 that purpose, within one year from the passage of 4 this act, accept the charter hereby granted, and in 5 that case may locate, construct, and maintain said 6 branch railroad, and succeed to hold and enjoy all 7 the franchise, rights, and privileges hereby conferred, 8 and be subject to all the duties, restrictions, and lia9 bilities hereby imposed, and may increase their cap10 ital stock to the extenthereby authorized ; and, upon 11 such election, the rights of the corporators first 12 named shall cease and determine.

[Bill to incorporate the Lowell and Salem Railroad, as amended, March 23d.]

AN ACT

To incorporate the Salem and Lowell Railroad Company.

1 SECT. 1. Joseph S. Cabot, Stephen C. Phillips, 2 William Livingston, their associates and successors, 3 are hereby made a corporation, by the name of the 4 Salem and Lowell Railroad Company, with all the 5 powers and privileges, and subject to all the duties, 6 restrictions, and liabilities, set forth in the forty-fourth 7 chapter of the Revised Statutes, and in that part of 8 the thirty-ninth chapter of said statutes relating to 9 railroad corporations, and all the statutes subsequently 10 passed, relating to railroad corporations.

1 SECT. 2. The said corporation may construct and 2 maintain a railroad upon the following route:–Begin3 ning at some convenient point in the city of Salem, 4 thence, passing through the North Parish of Danvers, 5 and along the valley of Crane River, so called; 6 thence, by the paper-mill in Middleton; thence, along 7 the valley of Ipswich River, through Reading, to a

8 point on the Lowell and Lawrence Railroad, in

9 Tewksbury; and thence, along the track of the latter 10 railroad, to Lowell: provided, nevertheless, that said 11 corporation may proceed from the depot of the Essex 12 Railroad, at South Danvers, along the valley of Proc13 tor’s Brook, so called, to the paper-mill in Middleton, 14 and thence onward, by the route before described.

I SECT. 3. The capital stock of said railroad corpo2 ration shall consist of not more than four thousand 3 shares, the number whereof shall be determined by 4 the directors ; and no assessment shall be laid thereon, 5 of a greater amount, in the whole, than one hundred 6 dollars on each share ; and the said corporation may 7 purchase and hold such real estate, materials, engines, 8 cars, and other things, as may be necessary for depots 9 for the use of said road, and for the transportation of 10 passengers and merchandise.

1 SECT. 4. The legislature may, after the expiration 2 of four years from the time when said railroad shall be 3 opened for use, from time to time, alter or reduce the 4 rate of tolls, or other profits, upon said road; but the said income shall not, without the consent of said corporation, be so reduced, as to yield less than ten per cent. per annum to the stockholders.

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1 SECT. 5. If the said corporation shall not, within 2 one year, file a location of their route, in the manner 3 prescribed by law, or if said railroad shall not be com4 pleted within three years from the passage of this act, 5 then this act shall be void.

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SECT. 6. Said corporation may enter, with their railroad, by proper turn-outs and switches, upon the Essex Railroad, at Danvers or Salem, and the Lowell and Lawrence Railroad, at Tewksbury, and use the same, or any part thereof, paying therefor such rate of toll as may be agreed upon, or as the legislature shall establish, and complying with such reasonable regulations as may be established by the Essex, or Lowell and Lawrence Railroad companies: provided, that the company hereby created shall not enter upon said railroads with any motive power, unless the said railroad companies shall refuse to draw, over their roads, or any part thereof, the cars of the company hereby established.

SECT. 7. Said corporation may cross the track of the Boston and Maine Railroad, but no connection shall ever hereafter be formed between the tracks of said railroad company and those of the company hereby created, nor shall the cars of the company hereby created be permitted to stop, for the purpose of receiving or delivering passengers or merchandise, at any point upon their own track, within one mile of the track of said Boston and Maine Railroad; and the supreme judicial court of this Commonwealth shall have power to restrain, by injunction, any attempts which shall be made, directly or indirectly, by the corporation hereby created, or by the Boston and Maine Railroad Company, to violate the conditions of this section. All injunctions, as aforesaid, may be granted by any justice of the supreme judicial court, according to the ordinary course of proceeding in courts of equity.

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