Zacheus Mead Barstow

Never married. _____

An Act to establish the Fairhaven Branch Railroad.

BE it enacted by the Senate and House of Representa-

tives, in General Court assembled, and by the authority of

the same, as folloivs :

Sect. 1. Nathaniel Church, Warren Delano, Ezekiel

Sawin, Zaccheus M. Barstow, Loring Meiggs, Stephen C.

Luce, Gilbert Hathaway, their associates and successors,

are hereby made a corporation, by the name of the Fairha-

ven Branch Railroad Company, with all the powers and

privileges, and subject to all the duties, restrictions, and

liabilities, contained in the forty-fourth chapter of the Re-

vised Statutes, and in that part of the thirty-ninth chapter

of said Statutes, relating to railroad corporations, and in all

general laws which are now, or may be hereafter, in force,

respecting railroads in this Commonwealth.

Sect. 2. The said corporation is hereby authorized and

empowered to locate, construct, and maintain a railroad,

with one or more tracks, commencing at some convenient

point in the village of Fairhaven, in the county of Bristol ;

thence, running in an easterly and northerly direction to,

and intersecting the Cape Cod Branch Railroad, at or be-

tween the South Middleborough Station, and the South

Wareham Station, in the county of Plymouth, and to use

the same, or any part thereof, according to the provision of

law ; the said Fairhaven Branch Railroad to be located

within one mile of the village of Mattapoisett, in the town

of Rochester, and within three fourths of one mile of Men-

dell and Leonard's store, in Sippican quarter of said town

of Rochester.

Sect. 3. The capital stock of said corporation shall

consist of not more than twenty-five hundred shares, the

1849. Chap. 169—170. 105

number of which shall be determined, from time to time,

by the directors of said corporation; and no assessment ° f assessments,

shall be laid thereon, of a greater amount, in the whole,

than one hundred dollars on each share : and said corpora-

tion may take, purchase, and hold such real estate, and may Real estate.

purchase and hold such engines, cars, and' other things, as

may be necessary for the purposes of their incorporation.

All shares in the capital stock of said corporation shall be Proviso, as to

issued for the same value or amount, to be actually paid in valueofshares -

on each.

Sect. 4. If the location of the said railroad, as provided Location in two

for in the second section, be not filed, according to law, years-

within two years, and if said railroad be not constructed t° b e F onv

... r J l . r i ■ i ■ in P'eted in four

withm tour years from the passage ot this act, this act shall years.

be void.

Sect. 5. Said corporation is hereby authorized to enter May enter upon

upon and unite their railroad, by proper means, with the Branch r. r.

Cape Cod Branch Railroad, as aforesaid ; and also to use Fail River r.r.

said Cape Cod Branch Railroad, Fall River Railroad, and colony r.r.

the Old Colony Railroad, paying therefor such a rate of toll

as may be mutually agreed upon by the parties, or as the

General Court may, from time to time, prescribe.

Sect. 6. The General Court may authorize any com- other railroads

pany to enter, with another railroad upon, and use said F 13 ^ be author ~

• - j / _l / iz6(l to enter

Fairhaven Branch Railroad, or any part thereof, by comply- upon this,

ing with such reasonable rules and regulations as the said

Fairhaven Branch Railroad Company may prescribe, or as

may be determined by the provisions of law.

Sect. 7. The General Court may, after the expiration After four years

of four years from the time when said railroad may be ^l™^ be re "

opened for use, from time to time, alter and reduce the rate

of tolls or profits upon said railroad; but said tolls or profits Proviso.

shall not be so reduced, without the consent of said corpo-

ration, as to produce, with said profits, less than ten per

centum per annum upon the investment of said corporation.

Sect. 8. This act shall take effect from and after its

passage. [Approved by the Governor, May 1, 1849.]