The Portland daily press., 1874-02-09

src Said railroad shall be used by said
,ornnration for the transportation of freight.
nossengers and cars, and the motive power
used shall be from time to time prescribed by
the Board of Mayor and Aldermen.
SEC. 5.-Every steam railway corporation
now Incorporated, or which may be hereafter
Incorporated by or near whose road said Mar
ginai railway passes shall in the manner pre-
sscrlbed by said Board of Mayor and Aldermen,
nave the right to connect its track with the
same Tor the transportation of freight passen
gers and cars, and every steam railroad is en-
powered to make such connections, and in so
doing, such railroad companies shall have all
the rights and be subject to all the liabilities
set forth in the fify-first chapter of the Revised
Statutes, except as herein otherwise provided
and it shall be the duty of the Marginal Rail-
way Company to receive and deliver all cars at
each of said connections, and haul the same
over its road at established uniform rates, Civ
ing each road equal facilities and equal rates.
SEC. 6-The, Marginal Railway Company
shall have the power to fix such tolls for the
transportation of freights, passengers and cars,
as they from time to time deem expedient SUD-
ject to the provis ons of section 18th
Sec. 7.-Said corpora, ion shall cause SO mncn
of any streets as it may use, not less tnan TOUR
feet on each side of the outmost ralls' anu an
space between TO be paved throughoue SO as ~
make the crossing thereof easy and sate, anu
keep the same in thorough repair, and II the city
| shall at apyetime pave or repaye the rest OF
any street used by said corporation, said corpora
ton shall at the same time, and III the same
manner and with the same mateflai pave OF
repave the part used by III.
Sec. S-Said corporation shall save the city
harmless from all damages to individuals occa-
stoned by any defect or want OF repairs OF sucn
portion OF any streets as may be III use oy SAID
company, or by any management OF trains, OF
accident arising in the use and improvement
thereof by said company. for which any liaDiil-
ty would attach to said city.
SEC. 9.-The capital stock of the corporation
hereby created shall be five hundred Thousand
dollars, and shall be divided into shares of one
hundred dollars each provided that no liauill-
t es shall be incurred until one-nalf of the stock
shall be subscribed for by responsible arties
and twenty per cent. of the subscription paid
in cash; and provided further that if one-haif
of said stock shall not have been subscribed fol-
and and twenty per cent thereof paid in as
above provided, before January LIST, 1875, then
this act shall be wholly void.
| Sec. 10.-The Maine Central Railroad Com
| pany, the Portland. Saco and Portsmouth, r.
| Company, or the Eastern Railroad Company,
instead of the Portland, Saco and Portsmouth
Railroad Company, the Atlantic and st. Law.
renee Railroad Company, or the Grand Trunk
Railway Company of Canada, in lieu of said
last named road, the Portland and Ogdensburg
Railroad Company, the Portland and Rochester
Railroad Company, and the Boston and Maine
Railroad are each of them authorized to sub
scribe for, take. hold and pay for not exceeding
one-seventh OF the capital stock of the Margin
al Railway Company, provided, nevertheless,
| that if any company refuses or nealects to sub
| scribe within four EcoLth after said Marginal
| Railway Company has been organ zed ant
| given notice in writing of its readiness to re-
ceve subscriptions, then thestock allotted to any
| company not SO subscribing or any part there
| of not subscribed for, shall be divided among
the remaioing companies who wish to subscribe
| ior i, in proportion to their stock. The re
naming One-seventh of the capital stock may
be subscribed for and taken by individuals
within four months after the organization Of
the corporation. otherwise it shall be apportion
| ed As hereingbefore provided in the case oil
stock allotted to railroad companies, and no
subscribed for.
SEC 1.-THE Board of Mayor and Aldermen
| shall at all times have full power to regulate
time and manner of running cars on the Mar.
| ginal Railway.
SEC. 12.-If any railroad company which ha.
connected its track with that of the Margina
| Railway Company under the provisions of sec
| ton 9th of this act, is aegrieyed by not having
had afforded to it equal facilities and equa
rates, and by its cars not being received and de
livered as provided in said section, or by any
unjust or extortionate rates or tolls, it may
have remedy by a bill in equity, and after such
bill is filed, any Judge of the Supreme Judicial
Court may, after a hearing on such notice as he
directs, make such interlocutory decree as he
deems just, which shall govern the relations of
the parties until the final decree.
Sec. 13.-The city of Portland shall at and
after the expiration of five years from the date
of the approval of this act, have the right to
take, exercise and control all the property,
rights aud privileges of said corporation on
| paying to said corporation such sums as may be
| agreed upon by the city and said cooperation; OF
| in case they cannot agree upon the sum to be
paid, such sum as shall be fixed upon by three
| commissioners, who shall be appointed by the
Supreme Court, upon the application of said
city, and who shall fairly apprse the property
report thereof to the Supreme Judicial Court in
the county of Cumberland, which report, when
accented, shall be final and conclusive upon the
parties, aud the said court may make any orders
or DEGREES or issue any process necessary to carry
the sa me into effect
SEC 1.-THE Marginal Railway Company
shall have all the rights and be subject to all the
liabilities provided in chapter Fl fty-on of the
Revised Statutes, except as herein otherwise
provided.
SEC 15.-This act shall take effect when ap
proved.