The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1892-04-29
SUPREME COURT.
AARON R. STEVENS, AND OTHERS,
Plaintiffs, |
Against
THE UNION TRUST COMPANY, OF NEW |
WORK AND OTHERg nafendcn

Uses property, fran .hes and powers in said judg-
ment mentioned and therein described as follows:
All the franchises and powers conferred upon
the Lebanon Springs RAJ road 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
'provide means therefor, passed March Sth, 1852
and being Chapter 25 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, 1853" passed
June oath 1853, and being Chapter 46l of the laws
of that year;
IAN Act to enable certain connecting railroad
"cOmpaUles to aid in the construction Of the Leb
canon Springs Railroad" passed April 18th 1885,
and being Chapter $50 of the laws Of that year.
"An 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
IAN Act to extend the time for tho completion
"oi 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
"of the Lebanon Springs Railroad" passed April
q 1852 and being Chapter 444 of the laws of that
can Act 10 amend the charter of the Lebanon
"Springs Railroad Company passed April 9th,
| 1864. and being Chapter l45 Of the laws of that
"An 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, 1865, and being Chapter 373 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 the
| FORMATION of railroad companies, and to regu-
"ate 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
ba. 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 name 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 snch 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 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
70 consolidate either alone or after cOnsolida-
| ton with any company into single corporation
with any company having railroad, or the right
| to construct 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 An act to
"authorze the consolidation of certain railroad
j companies, passed by the Legislature OF New
| York, April 3D. 1888.
| 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 De exercised IL
| the same were " holly 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 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.
To construct branch to 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 a 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 ofasSOcatiOn both As to the
main line and branches as the same are last above
described and the terminl thereof nad been It's
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:
IAN act to incorporate the Vermont and New
| york Railroad Company" approved November
End. 1865, and being No. 1874 of the laws of that
IAN act to amend an act entitled AN act TO in
| corporate the Vermont and New York Railroad
approved November End, 1885, approved No
vember l9th and and being No. 1857 of the laws of
| that year
IAN act authorizing the Bennington and Rut-
| Gland Railroad company to consolidate their road
with the road of the Lebanon Springs Railroad
| Company" approved November 2lst, 1867, and
| 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 2Sth,
1867, and being No 2 of tie Special Sessions OF
| that year;
| porations under the laws of Vermont, and the
powers and 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 or 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
lands acquired and hereafter to be acquired for
the purpose OF forming said track or roadway;
also the railroad of the said the Lebanon Springs
Railroad Company already but,and all the rails.
bridges, fences, stations, staIion-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
ALI ofthe same and all of the above mentioned
powers and franchises; and also all the rolling
stock locomotives, tenders, snow plows scrapers-
messenger cars, baggage. mail and express cars,
freight, stock and dumping cars, HAT cars ana
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 ana
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 appertaining to, or
which may at any time belong to or appertain TO
have belonged to or appertained to the same or
either of Of said railroads companies as well in
law as in equity; including also all property of
! every kind name or nature N or purchased by
or now or heretofore in the possession of the
Lebanon Springs Railroad Company, the Yer
mont and New York Railroad Co., and John w.