Chap. 0096 An Act to unite the Nashua and Lowell Rail-road Corporations of Massachusetts and New Hampshire.
Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows :
Sec. 1. The stockholders of the Nashua and Lowell Rail-road Corporation, incorporated by the Legislature of the State of New Hampshire, in the year one thousand eight hundred and thirty-five, are hereby constituted stockholders of the Nashua and Lowell Rail-road Corporation, incorporated by the Legislature of this Commonwealth, in the year one thousand eight hundred and thirty-six; and the said two corporations are hereby united into one corporation, by the name of the Nashua and Lowell Railroad Corporation ; and all the tolls, franchises, rights, powers, privileges and property granted or to be granted, acquired or to be acquired, under the authority of the said States, shall be held and enjoyed by all the said stockholders in proportion to their number of shares in either or both of said corporations.
Sec, 2. The said stockholders shall hold their meetings, make their by-laws, appoint their officers, and transact all their business, as one corporation: provided, that one or more of the officers of said corporation shall be resident in this Commonwealth, and one or more of them in the State of New Hampshire, on whom process against said corporation may be legally served, in either State, and that said corporation shall be held to answer in the jurisdiction
where the service shall be made, and the process is returnable.
Sec. 3. The share or shares of any stockholder in said corporation shall be liable to attachment, and to be taken on execution in the State where such stockholder shall reside at the time of the service of the process : provided, that an attested copy of the writ or execution, and of the officer's return, shall, at the time of the service, be left with the clerk, or a director of the corporation, or at his usual place of abode, by the officer making the service.
Sec. 4. The said corporation shall so make out and keep an account of the expenditures on said road from its commencement to its completion, as clearly to exhibit what portion thereof belongs to that part of said road situated in Massachusetts, and what portion to that part in New Hampshire.
And two commissioners shall be appointed, one by the Governor of each State, to hold their offices for the term of four years, and to be reasonably compensated for their services by said corporation, who shall ascertain what proportion of expenditures on said road,and of the other expenses attending its construction, maintenance and use, also what proportion of the receipts and profits of said rail-road shall properly appertain and belong to the portions of said road in each state respectively. And the annual report required to be made by the directors to the Legislature of this Commonwealth, shall be approved by the said commissioners.
Sec. 5. The said corporation, so far as their road is situated in Massachusetts, shall be subject to the general laws of the State, to the same extent as the Nashua and Lowell Rail-road Corporation, established by its Legislature in the year one thousand
eight hundred and thirty-six, would be, if this act had not been passed.
Sec. 6. This act shall not take effect until the Legislature of the State of New Hampshire shall have passed an act similar to this, uniting the said stockholders into one corporation ; nor until said acts shall have been accepted by the said stockholders at a meeting duly called for that purpose ; at which meeting, the said stockholders may ratify and confirm all or any of their former doings, and adopt them as the acts and proceedings of the said united corporation.
[Approved by the Governor, April 10, 1838.]