The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1892-04-08
SUPREME COURT.
AARON R. STEVENS, AND OTHERS, !
THE UNION TRUsf COMPANY, OF NEW |
YORK, AND OTHERS, Defendants.


May, 1892, at o'clock in the afternoon, the prem
Uses property, fran ches and powers in said judg-
| ment mentioned and therein described as follows:
All 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:
"An Act to authorize the Lebanon Springs Rail-
"roao Company to construct an extension Of its
roads into Massachusetts and Vermont, and to
''proyide means therefor, passed March Sth, 1858,
| and being Chapter % of the laws OF that year.
"An 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 1858" passed
June 24th 1885, and being Chapter 461 Of the laws
| of that year;
IAN Act to enable certain connecting railroad
compares to aid in the construction of the Leh-
"anen Springs Railroad" passed April 18th, 1885,
| 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, 1851, and being Chapter $50 of the laws Of
IAN Act to extend the time for tho completion
"oit the Lebanon Springs Railroad" passed April
18th, 1860, and being Chapter 2S5 Of the laws of
AN Act to extend the time for the completion
| "of the Lebanon Springs Railroad" passed April
o. 1852 and being Chapter 444 of the laws of that
year;
"An Act TO amend the charter of the Lebanon
| "Springs Railroad Company passed April 9th,
| 1864. and being Chapter 145 of the laws of that
| year;
IAN Act to authorize any town in the counties
| "of Columbia or Rensselaer, 10 aid in the compile
| "tion of the Lebanon Springs Railroad" passed
April 4th, 1866, and being Chapter 1913 Of the laws
| of that year;
IAN Act to extend the time for the completion
| "of the Lebanon Springs Railroad" passed 26th
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 tine
| FORMATION of railroad companies, aud to regu-
slate 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 witt
| spect to the constructing, holding and operating
the part of said railroad within the state of Yer
mont, and the Dana 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, or interest, and with such securities there
| for, as 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 permitted by the authority of
| said States.
To consolidate with any company or companies
having railroad or the right to build railroad,
| 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
TO consolidate either alone or after consolida-
| ton with any company into single corporation,
with any company having railroad, or the right
t9p isGnnGGfd De %iiifh Jng SfateH sew 1ork
P ISghbiafRRofh oSSptdqnS9n 4sGr6SH CJpahy a.
| terminus, in the same manner as the railroad
| companies mentioned in an act entitled An act TO
"authorize the consolidation Of ceTfaItn rnirosp
railroads or portions of railroads which might be
constructed or acquired within the States OF Yer:
mont and Massachusetts as may be exercised II
| 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 cOmpany'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 might 40 Tor the
| construction OF its own railroad. - :,
| To change the northern terminus OF the railroad
| from the Massachusetts state line as declared w
the articles of association of the Lebacon Springs
| Railroad Company to any point within the town
| of Hoosick, in the County of Rensselaer, or the
| town of White Creek in the County oil Wasphg-
| ton. -. A.,
Vermont State line, at point of junction with the
| Western Vermont Railroad, now KNOWN as The
| Bennington and Rutland Railway.
| To construct a branch with terminus In either
or both of the cities of Albany and Troy,With the
same effects as il the line had been originally
fixed in the articles of association both as 10 the
main line and branches as the same are last abov
described. and the termni thereof had been lts
| original terminus. s,,.,
| Also ali mowers and franchises conferred by the
following acts, which were duly passed by the
| Legislature of the State of Vermont, to wit:
"An act to incorporate the Vermont and New
york Railroad Company, approved NoVeui ips.
End, 1865, and being No. l34 of the laws OF that
year; ..,,,,o. IL In
corporate the Vermont and New L ork Railroad
"approyed November End, 1856 approved No,
vember 18th and and being No. l6I OF the laws OF
IAN act authorizing the Bennington and Rut,
"land Railroad Company TO consolidate their ROAD
"with the road of the Lebanon Springs Railroad
Company. :" approved November 2lst, 1867, and
being No 1856 of the laws Of that year;
AN act to enable the Bennington and Rutland
"KaiIroad Company TO aid in obtaining neces
"sary railroad connections" approved march <oth
1851 and being No. of tie Special Sessions oil
that year; , It'll 80.
porations under the laws of Vermont, and the
powers and franchise to build, own and operate
railroad from Bennington to the Vermont Stat :
line being that portion of the railroad herelnat
ter described which is in the State oil vermont
and to transfer and convey such powers ana iran i
chises and any property and to consohdate WIZ
railroad companies.
And also the following described property "
wit: -,- % A.,
All and singular the tracks or roadway OF th'
Lebanon Springs Railroad, from Chatham Fou
Corners, in the County of Columbia, 10 the cas-
line of the State of New York, in the town OF loo
sick, in the County of Rensselaer,, and All IN
lands acapired and hereafterto be acquired 10
the purpose OF forming said track or roadway
alsothe railroad of the said the Lebanon Spring
Railroad Company already buit,and all the ral' :
bridges fences, stations, station-hoases' Woou
houses, buildings and other structures and appur
tenances thereunto belonging ana also al w
tolls incomes, rents issues and prohts Oh any am
alI of the same and all of the above mentioned
mowers and franchises; and also all the rolln
stock locomotives, tenders, snow ploWsscrapers
passenger cars, baggage, mail and express cars
freight, stock and dumping cars, NAT cars am
| cars Of every description. All the machine shop
| and blacksmith shops, and all the articles useu
the construction, replacing and repairing 9
roads and cars and in the running OF cars; an
also the Vermont and New York railroad cor
| structed from the terminus of the ralroad las
| above described in the town OF Hooslck ai"Tesal
to the village of Bennington in the state OF NSl
mont including all the equipment ana All IN
above mentioned powers and franchises IS o I u,
said Vermont and New York Railroad Company
belonging 10 or in any wise appertaining 70,
which NAV at any time belong to or appertan !
have belonged to or appertained TO the saIlS
= either of of said railroads or companies as wen
law as in equity; including also all properly !, :
every kind name or nature of or purchased o
or now or heretofore in the possession OF IN
lebanon Springs Railroad Company, the NeI
| mont and New York Railroad Co, and John
Van Valkenburgh, as receiver; ana Wlh1m
ynolds. as receiver, and lncluding aisO so :, q