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 Tolls subject to aforesaid shall be subject to the control of the Legislature, 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.

control of the Legislature.

other articles.

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

Books to be open

ed at all times to

inspection of Gov,

SECT. 4. Be it further enacted, That the Books of said Corporation, shall, at all times, be open to the inspection of the Governor and Council, and of any Committee duly and Council, &C. 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.

be

necessary

by-laws, &c.

SECT. 5. Be it further enacted, That said Corporation May make may make such by laws as may for the management of their affairs, not repugnant to the laws of this State; 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.

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 feme 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.

ans in certain cases.

Privileges grant

Roads.

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, belonging 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.

Proviso.

Chapter 111.

AN ACT to 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, Names of corpo- 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 of

rators.

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 Corporation are hereby authorized and empowered to locate and Powers, &c. 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 Oldtown, 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.

Number of shares

-amount of cap

SECT. 2. Be it further enacted, That the Capital stock of said Corporation shall consist of not less than two thousand five hundred, nor more than four thousand shares, of ital stock. one hundred dollars each; and at all meetings of said Corporation, 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 proprietor, by virtue of any shares held by him, exceeding one tenth part of the whole number of shares; and the immediate government and direction of the affairs of said Corporation shall be vested in not less than five nor more than nine directors, wno shall be chosen by the members of the Corporation.

Government, &c.

dent and Directors.

ments, &c.

SECT. 3. Be it further enacted, That the Preside Power of Press Directors for the time being are hereby authorize empowered, by themselves, or their Agents, to ex all the powers herein granted to the Corporation. purpose of locating and constructing said Rail Roa for the transportation of persons, goods and mercha and such other powers and authority for the manager of the affairs of the Corporation, not heretofore g as may be necessary and proper to carry into effe objects of this grant; to purchase and hold lands. als, engines, cars, and other necessary things, in of the Corporation, for the use of said Road, anta May make assess transportation of persons, goods and merchandize, such equal assessments, from time to time, on all the st in said Corporation, as they may deem expedient a cessary, and direct the same to be paid to the Treasa of the Corporation. And the Treasurer shall give no of all such assessments; and in case any subscriber o stockholder shall neglect to pay his assessment, for th space of sixty days after due notice, by the Treasurer said Corporation, the Directors may order the Treasu to sell such share or shares at public auction, after gift due notice thereof, to the highest bidder, and the st shall be transferred to the purchaser, and such delings subscriber or stockholder shall be held accountable t Corporation for the balance, if his share or share sell for less than the assessment due, with interest and of sale; and after paying the same, shall be entitled overplus, if any remain; Provided, that no assessment be laid upon any shares in said Corporation of a great amount in the whole, than one hundred dollars on each share.

Assessments,

how collected in certain cases.

Proviso.

Toll.

tshal

SECT. 4. Be it further enacted, That a toll be, and hereby granted and established, for the sole benefit of sa Corporation, upon all passengers and property of all d scriptions, which may be conveyed or transported up said road, at such rates as may be established from time

time, by the Directors of said Corporation. And the

of.

portation of persons and property, the construction of Directors, powers Is, the form of cars and carriages, the weight of loads, all other matters and things in relation to the use of road, shall be in conformity to such rules, regulations provisions as the Directors shall from time to time cribe and direct; and said road may be used by any the use of any on or persons, corporation or corporations, who shall person or Corpoply with such rules and regulations; Provided, that Proviso.

r

Road subject to

ration.

Toll may be re

lature in certain cases.

to Governor and

ten years from the completion of said Railroad never the profits arising from tolls, or otherwise, shall seed the amount of twelve per centum per annum on actual cost of said Railroad, after deducting all necesdisbursements in conducting its operations, then the gislature shall from time to time have the right so to duced by Legisluce such tolls as may have been established, not below e rate of twelve per centum per annum as aforesaid, as y be judged expedient. And to carry this provision o effect, it shall be the duty of said Corporation within elve months after such Railroad shall have been put in peration, or any section thereof, to make returns to the To make return overnor and Council of the actual cost of said Railroad, Council. r section, and annually thereafter of all the disbursements llowed by the Directors, and the rates of toll by them stablished, the amount of tolls and other profits received, nd the rate of profit, or per centum on the cost aforesaid ctually realized within the year. And if the Legislature Legislature may hall not be satisfied with such return, the Legislature may affairs of Corpoequire an examination into the affairs of the Corporation. n such manner as they shall direct. And if it shall appear hat the affairs of said Corporation have not been economcally 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

inquire into the

ration.