villages of Natick and Pontiac, to a point on the New York, Providence and Boston Railroad, about two miles south of the point where said railroad crosses said Pawtuxet river, and connecting with said railroad. And for this purpose, said corporation are hereby authorized to lay out their road, not exceeding six rods wide, the whole length; and for the purpose of cutting embankments, and obtaining stone and gravel, and of making tracks to and from their depots and car houses, may take as much more land as may be necessary for the proper security and construction and use of said road; provided, that all damages which may be occasioned to any person, company or corporation, by taking such land or materials for the purposes aforesaid, shall be paid for by said corporation in the manner hereinafter provided; and said corporation may purchase and hold such real estate upon the line of said road, and such materials, cars, engines, and other things, as may be necessary for depots, for the use of said road, and for the transportation of persons, goods and merchandise. SEC. 2. The capital stock of said corporation shall not exceed four thousand shares, of one hundred dollars each. The immediate government and direction of the affairs of said company shall be vested in five directors, who shall be chosen by the members of the corporation in the manner hereinafter directed, and shall hold their offices for one year, and until others shall be duly elected and qualified to take their places as directors; a majority of whom shall form a quorum for the transaction of business, shall elect one of their own members as president of the board, who shall also be president of the corporation; and the said directors shall have authority to choose a clerk, who shall be sworn to the faithful discharge of his duty, and a treasurer, who shall give bonds to the corporation, with surety to the satisfaction of the directors, in the sum of not less than ten thousand dollars, for the faithful discharge of his trust.

SEC. 3. The president and directors for the time being, are hereby authorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the corporation, for the purpose of locating, constructing and completing said railroad; and all such other powers and authority for the management of the affairs of the corporation not heretofore granted, as may

be necessary and proper to carry into effect the objects. of this grant to purchase and hold land, materials and other necessary things, in the name of the corporation, for the use of said road; and so far as may be necessary therefor, to make such equal assessments from time to time, on all the shares in said corporation, as they may deem expedient and necessary in the progress and execution of the work, and direct the same to be paid to the treasurer of the corporation; and the treasurer shall give notice of all such assessments; and in case any stockholder shall neglect to pay his assessments for the space of thirty days after the notice by the, treasurer of said corporation, the directors may order the treasurer to sell such share or shares at public auction, after giving not less than twenty days' notice thereof, in some newspaper printed in the city of Providence, to the highest bidder, and the same to be transferred to the purchaser; and such delinquent stockholders shall be entitled to the overplus, if his share or shares shall sell for more than the assessment due, with the interest and costs of sale; provided, however, that no assessment shall be laid upon any share in said corporation, of a greater amount in the whole than one hundred dollars on each share.

SEC. 4. The said corporation are hereby authorized to establish rates of fare and rates of freight, such as may be agreed upon and established from time to time by the directors of said corporation; and they shall from year to year make a report of their acts and doings to the general assembly.

SEC. 5. Whenever said corporation shall have located said road, or any part thereof, they may make report thereof to the court of common pleas, then next to be holden within and for the county within which said location is made, or may file the report of such location with the clerk of said court, as is by general law provided; wherein they shall particularly describe the bearings of the intended route, or any section thereof, so located, and the names of the owners of the land through which the same may pass, so far as they can be ascertained; which report, so made, shall be placed on the files of said court, and notice given thereof to the owner or owners of the land therein embraced, if known, in such manner as the court shall direct, at the

expense of said corporation; and the court shall thereupon appoint three discreet and disinterested persons of this state, (vacancies, if any happen to be filled by said court,) to estimate all damages which any person or persons, whose lands are described or mentioned in said report, shall sustain, in case such railroad, or any appurtenance thereof, be constructed thereon. And the said commissioners, before they proceed to execute their duties, shall be sworn to a faithful and impartial discharge thereof; and they shall give reasonable notice in such manner as said court shall direct, to all persons interested, to file their claims, if any they have, which have not been released to said corporation, with some one of said commissioners, or with the clerk of said court, within thirty days of the date of said notice. At the end of the terin allowed for filing such claims for damages, the commissioners, or a majority of them, Laving previously given notice to all parties interested, of the time and extent of the route to be examined, by Fublishing in one or more of the newspapers printed in Providence, and also in the county of Kent, an advertisement thereof, for three weeks successively at least, shall meet on the premises so intended to be used by said corporation for the purpose aforesaid; and after hearing the parties interested, shall estimate all such damages as they shall think any person shall sustain by the construction of said railroad through his land. And the commissioners, or a majority of them, shall make return of their doings as soon as may be, to said court of common pleas; and the said court shall thereupon order said report, or the substance thereof, to be forthwith published in one of the newspapers printed in said Providence, and in the county of Kent, three weeks successively, at the expense of said corporation. And if said corporation, or any person interested, shall be dissatisfied with the estimate of said commissioners, application may be made by such dissatisfied party, at the next term of said court of common pleas, after the return of such report, and after its publication as aforesaid, for a jury to hear and finally deterinine upon the amount of damages to be assessed in the case complained of; which said application shall be heard and tried. under the direction of the court, by a jury, in the same manner that appeals are heard in said court. And

if the party injured in his or her estate apply for such jury, and fail to obtain such increase of damages, such party shall be liable for all legal costs arising after the entry of such application for a jury; and such court shall enter judgment and issue execution accordingly. And if such corporation apply for a jury and fail to obtain a diminution of damages, it shall in like manner be liable for costs, and said court enter judgment and issue execution for the same. And if, within ten days after, any damages shall have been finally assessed in manner aforesaid, said corporation shall not pay or cause to be paid such damages, if any, so assessed in manner aforesaid, by said commissioners or such jury, such person in whose favor any such damages shall have been assessed, may have an action of debt against said corporation in any court proper to try the same, to recover such damages; and execution from whatever court the same issue, for damages, assessed as aforesaid, and costs, shall be in common form, and may be levied on the goods, estate and lands of said corporation. And the report of said commissioners, when accepted and recorded, and not appealed from in manner aforesaid, or the verdict of a jury returned and recorded, shall forever be a bar to any other action commenced for damages against said corporation, on account of the injury for which such damages were awarded, other than is herein provided. And said commissioners shall in all cases be allowed three dollars a day for their ser vices; provided, that nothing herein contained shall be construed to prevent said corporation from commencing the construction of their said railroad, or constructing the same on the land of any person, or from taking or using the land or materials of any person for the construction or security of their said railroad under this act, before the damages for taking or using said land and materials shall have been estimated or assessed by the commissioners or a jury; and in case of such taking and using before the estimate and assessment of damages therefor, the damages shall be assessed by the commisioners or a jury, and like proceedings had with the same effect as if said estimate and assessment had been made before the taking and using of said land and materials.

SEC. 6. The commissioners appointed to estimate or

assess damages, shall, upon request in writing of any person whose land or materials may be reported as located for the uses of said railroad, require said corporation to give security to the satisfaction of said commissioners, for the payment of all such damages as shall be finally awarded by said commissioners or a jury, for the land or materials of the person, so requested, reported as located as aforesaid, and for all costs which may be by him recovered against said corporation; and all right and authority of said corporation to enter upon and use such land or materials, except for making surveys, shall thereupon be suspended until said corporation shall give such security.

SEC. 7. When the lands or other property, or estate of any married woman, infant, or person non compos mentis, shall be necessary for the construction of said railroad, such married women, and the guardians of such infant, or person non compos mentis, may release all damages, in relation to the land or estate to be taken and appropriated as aforesaid, as they might do if the same were holden by them in their own rights respectively.

SEC. 8. If the said railroad in the course thereof shall cross any private way, said corporation shall so construct said railroad as not to obstruct the safe and convenient use of said private way; and if said railroad shall not be so constructed, the party aggrieved shall be entitled to his action on the case in any court proper to try the same, and shall recover his reasonable damages for said injury. And if said railroad shall in the course thereof cross any other railroad, canal, turnpike, highway, or bridge, the said railroad hereby authorized to be built shall be so constructed as not impede or obstruct the safe and convenient use of such other railroad, canal, turnpike, bridge, or other highway, or to pass any turnpike or highway at grade. And the said corporation shall have power to raise or lower such bridge, turnpike, or highway, or change the location of the same, or widen such bridge, so that the said railroad, if necessary, may conveniently pass under or over, or across, or at the side of the same. And if said corporation shall raise or lower any such bridge, turnpike or highway, or change the location of the same, or widen such bridge, pursuant hereto, and shall