The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1892-04-15
SUPREME COURT.
AARON R. STEVENS. AND OTHERS,
Against
THE UNION TRUST COMPANY, OF NEW
YORK, AND OTHERS, Defendants.

! 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 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 9Th. 1883" passed
June Gath. 1853, and being Chapter 46l of the laws
| of that year;
IAN Act to enable certain connecting railroad
"compaI les to aid in the construction of the Leh-
canon Springs Railroad" passed April 18th. 1885,
and being Chapter $50 of the laws OF that year.
| IAN ct to extend the time for the completion
| "of the Lebanon Springs Railroad;' passed March
23rd. 1857, and being Chapter $50 of the laws of
| that year;
"An Act to extend the time for tho completion
tot 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
% 1862, and being Chapter 444 of the laws of that
year;
IAN Act 10 amend the charter of the Lebanon
| Springs Railroad Company passed April 9th,
| 1864. and being Chapter 145 Of the laws of that
year;
"An Act to authorize any town in the counties
| ''of Columbia or Rennselaer 10 aid in the compile
| "tiOn of the Lebanon Springs Railroad" passed
|
| of that year;
San Act to extend the time for the completion
"of the Lebanon Springs Railroad" passed 18th
February 1867, and being Chapter AZ 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 aud 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 and authorities in re
| spect to the constructing holding and operating
the part of said railroad within the state of YER
mont, and the managing 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 a railroad or the right to build a 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 -
! ton with any company into a single corporation
with any company having railroad, or the right
to construct a railroad. which, or 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"A act to
| "autborize the consolidation Of certain railroad
tpOmnauipR Legislature
York, April 3D. 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
| being authorized to construct railroad con-
Meeting with the lines of railroad of the
said Lebanon Springs Railroad Company, and TO
| have any such c0mpany'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 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 articles of association of the Lebacon Springs
Railroad ompany to any point within the town
| of HOosck, in the County of Rensselaer,, or the
| town Of White Creek, in the County of Washing
| ton.
10 construct branch to a terminus at the
|
Western Vermont Railroad. now known us the
| Bennington and Rutland Railway.
| To construct branch with terminus in 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 as the same are last above
described and the termini thereof had been its
| original terminus
Also all powers and franchises conferred by the
| following acts, which were duly passed by the
| Legislature of the State of Vermont, to wit:
zsv.lN CO. hn Warm N
york Railroad Company" approved November
! End, 1865, and being No: l34 OF the laws oil That
year;
corporate the Vermont and New York Railroad
| "approved November End, 1885," approved No
vember 18th and and being No. 1851 Of the laws of
that year.
Gland Railroad Company to consolidate their road
with the road OF the Lebanon Springs Railroad
being No 155 OF the laws of that year;
An act to enable the Bennington and Rutland
"Kailroad Company TO aid in obtaining neces
"sary railroad connections, approved March 2oth.
1857, and being No. of tie special Sessions OF
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 iran
| railroad companies
And also the following described property to
! wit:
| All and singular the tracks or roadway Of the
| Lebanon Springs Railroad, from Chatham Four
| Corners in the County of Columbia, to the east
line ofthe state of New YORK, In the town OF Hoo
sick in the County Of Rensselaer,, and all the
LANDS acquired and hereafterto be acquired for
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 profits OF any and
powers and franchises; and also all the rolling
stock locomotives, tenders, snow plows.scrapers,
passenger cars, baggage mail and express cars:
freight, stock and dumping cars, fiat cars and
cars of every description. All the machine shops
and blacksmith shops, and all the articles used in
the construction, replacing and repairing OF
| 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 Hoosick 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 sny wise appeTtaining 70, or
| which may at any time belong TO or appertain TO
have belonged to or appeTtained to the same or
either Of of said railroads companies as wellin
| law as in equity; including also all properly or
every kind name or nature OF or purchased by
| or now or heretofore in the possession OF the
| Lebanon Springs Railroad Company, the Yer
| mont aud New York Railroad Co, and John W.
NF..V. Nsa11r bur