The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1892-04-22
SUPREME COURT.
AARON R. STEVENS, AND OTHERS, |
Plaintiffs, [
Against
THE UNION TRUST COMPANY, OF NEW |


action, dated the 10th day Of November, 1891 and
entered in the clerks office Of the County Of
Rensselaer, on the 18th day November. 1891, 1.-THE
undersigned referee in said judgment named.will
sell at public auction, at the front door of the
Court House, in the City of Troy on the 18th day
May, 1892, at o'clock in the afternoon, the prem
Uses property, fran shes and powers in said judg-
ment mentioned and therein described as follows:
AL the franchises and powers conferred upon
the Lebanon Springs Railroad Company by the
following acts Of the legislature of the State of
New. York, each of which was duly passed upon
the date hereinafter stated. that is to say:
IAN Act to authorize the Lebanon Springs Rail-
"roao Company to construct an extension of its
roads into Massachusetts and Vermont, and to
'provide means therefor passed March Sth 1853,
and being Chapter 25 of the laws OF that year.
IAN Act to amend an Act entitled AN Act to
authorize the Lebanon Springs Railroad Com
"pany to construct an extension of its road into
Massachusetts and Vermont, and to provide
means therefor passed March Sth, 1853" passed
June Path 1883, and being Chapter 461 of the laws
of that year;
IAN Act to enable certain connecting railroad
"compai les to aid in the construction Of the Leh-
"anon Springs Railroad" passed April 18th. 1855,
and being Chapter $50 of the laws Of that year;
San Act to extend the time for the completion
"of the Lebanon Springs Railroad; passed March
23rd. 1857, and being Chapter $50 Of the laws of
San Act to extend the time for tho completion
tot the Lebanon Springs Railroad" passed April
18th, 1860. and being Chapter 2o5 of the laws of
IAN Act to extend the time for the completion
tot the Ii banon Springs Railroad" passed april
p 1862 and being Chapter 444 of the laws of that
year;
IAN Act TO amend the charter of the Lebanon
'Springs Railroad Company passed Apri, 9Th,
1864. and being Chapter 1l5 Of the laws of that
| year;
IAN Act to authorize any town in the counties
''Of Columbia or Rensselaer, 20 aid in the compile
| 'tiOn of the Lebanon Springs Railroad" passed
April 4'h, 1865, and being Chapter 3I3 of the laws
| of that year;
IAN Act to extend the time for the completion
"of the Lebanon Springs Railroad" passed Goth
February 1867, and being Chapter 46 of the laws
| of that year
And all the powers and franchises of railroad
corporations stated in An act to authorize the
formation of railroad companies. and to regu-
"late the same, passed by the Legislature OF New
York. April 2 1850, and the several acts amenda-
tory thereof and supplementary thereto, and the
power to purchase, construct and operate the
railroad hereinafter described, extending from
Chatham Four Corners, in the County of Column
bia. northerly through the Counties of Columbia
and Rensselaer, to the borders of the State OF
Vermont, and into that state to the village of
Bennington and also the certain other special and
particular powers and franchises stated in the
above acts, and also the following powers and
| franchises to wit.
To exercise all the powers end authorities in re-
spect to the constructing, holding and operating
the part of said railroad within the state of Yer
mont, and the pans ging of the business thereof
which might be done if that part were within the
State of New York.
To create preferred stock at such rate of diyi-
dend, interest and with such securities there
for may be deemed eXpedient.
To extend the road by construction or purchase
into the States of Vermont anG Massachusetts as
far as is or may be permit ted by the authority of
said States.
To consolidate with any company or companies
having railroad or the right to build railroadr
which 1.-THE Lebanon Springs Railroad Com
pany was authorized to construct or acquire on
such terms as the parties should agree upon, or
the States of Vermont and Massachusetts should
require; and
70 consolidate either alone or after consolida-
ton with any company into a single corporation,
with any company having railroad, or the right
to construct railroad. which, or a portion of
which should be within the State of New York,
and which should connect with the railroad of
the Lebanon Springs Railroad Company at its
terminus, in the same manner as the railroad
companies mentioned in an act entitled Ar act to
"authorize the consolidation of certain railroad
companies" passed by the Legislature of New
York, April I'd, 1858.
To exercise all the powers with respect to the
railroads or portions of railroads which might be
constructed or acquired within the States of Yer
mont and Massachusetts as may be exercised if
the same were wholly within the State of New
York
To have corporate stock and bonds taken and
owned or guaranteed by any company having or
beng authorized to construct railroad con-
Meeting with the lines, of railroad of the
said Lebanon Springs Railroad Company, and 10
have any such c'mpany's aid by loan of money
or credit. and by the raising of means and secur-
ing any contract for such purpose in any manner
in which the company so aiding Nigh do for the
construction Of its own railroad.
To change the northern terminus of the railroad
from the Massachusetts State line as declared in
the art Giles of association of the LebacOn Springs
Railroad ompany to any point within the town
of Hoosick, in the County OF Rensselaer,, or the
town of White Creek in the County of Washing
ton.
To construct branch to a terminus at the
Vermont State line at point of junction with the
Western Vermont Railroad. now known as the
Bennington and Rutland Railway.
To construct branch with terminus i'll either
or both of the cities of Albany and Troy,with the
same effects as if the line had been originally
fixed in the articles of association both as to the
main line and branches the same are last above
described, and the termini thereof had been its
original terminus
Also ali powers and franchises conferred by the
following acts, which were duly passed by the
Legislature of the State of Vermont, to wit:
IAN act to incorporate the Vermont and New
york Railroad Company, approved November
End. 1865, and being No. l3i OF the laws OF that
year;
IAN act to amend an act entitled AN act 10 in
corporate the Vermont and New York Railroad,
approved November End, 1856" approved No
vember l9th and and being No. l6I of the laws OF
that year.
IAN act authorizing the Bennington and Rut-
"and Railroad ompany to cons ldate their road
with the road of the Lebanon Springs Railroad
| Company" approved November 2lst, 1867. and
being No los OF the laws of that year;
An act to enable the Bennington and Rutland
| "Railroad Company TO aid in obtaining neces-
"sary railroad cCnne ctlOns, approved March 26thp
| 1867, and being No. of Il e special Sessions Of
that year;
| And the powers and franchises Of railroad cor
| poIations under the laws of Vermont, and the
| powers aud franchise to build own and operate
! railroad from Bennington to the Vermont state
line, being that portion Of the railroad hereinaf-
! ter described, which is in the State of Vermont,
| and to transfer and convey such powers and fran
! chises and any property and TO consolidate with
! railroad companies.
And also the following described PROPERTY to
wit:
! All and singular the tracks roadway Of the
Lebanon Springs Railroad from Chatham -Four
| Corners, in the County of Columbia, TO the east
line Of the State of New York in the town OF Hoo
! sick in the County of Rensselaer,, and all the
! the purpose OF forming said track or roadway;
also the railroad of the said the Lebanon Springs
Railroad Company already built,and all The rails
! bridges, fences, stations, station-houses. wood
houses, buildings and other structures and appur-
| tenances thereunto belonging and also all the
! tolls incomes rents issues and pTOhts OF any and
| all of the same and all of the above mentioned
! powers and franchises; aud also all the rolling
| stock. locomotives, tenders, snow ploWsscrapers'
! passenger cars, baggage mail and express cars;
! freight, stock and dumping cars HAT cars anu
! cars of every description. All the machine SHOPS
and blacksmith shops, and all the articles used in
! roads and cars. and in the running of cars; and
! also the Vermont and New York Railroad con-
| structed from the terminus of the railroad last
| above described in the town of HoOsck aforesaid
to the village OF Bennington in the State of Yer
! mont, including all the equipment and all the
! above mentioned powers and franchises OF the
said Vermont and New York Railroad Company,
! belonging to or in Iny wise appertaining to, or
which may At any time belong TO or appertain to
. /