Chap. 203.—An ACT to incorporate the Portsmouth City Railroad
Company.

Passed March 3, 1806.

1. Be it enacted by the general assembly, That Edward
Barrett, his associates and successors, are hereby created a
corporation, by the name of The Portsmouth City Street
Railroad Company; with power to construct, maintain and
use a railway, with convenient single or double tracks, and
to run cars thereon, for the conveyance of passengers and
property, within the limits of the city of Portsmouth, upon
and over the following streets, viz: Crawford, Water, Lin-
coln, Fourth and Iligh streets; and to be privileged to occupy
and own (tnder privileges and restrictions now appertaining
to railroad companies), such lands as may be required for the
necessary stables and car houses, and for convenient access
thereto; and also, upon and over such other streets and
highways of the said city as may be from time to time fixed
and determined by the mayor and council of said city, upon
the application of said company.

2. Before proceeding to locate the track or tracks of said
railway in such other streets or highways as aforesaid, the
mayor and council of said city shall give notice to the lot-
owners thereon, by publication in the daily journals of the
city, at least fourteen days prior to meeting. of the time and
place at which they will determine the lucation of tracks ;
and such lotowners may then and there appear, and show.
canse, if any there should be. why such tracks should not be
su located.

8. Said railway tracks shall be constructed in the most
approved manner and pattern of street railroads, and upon
such grades as may be prescribed by the mayor and council
of said city prior to the construction of the same; and
whenever, in the construction of said tracks, it shall be ne-
cessary, for the public convenience and satety, that alterations
shall be made in the erades of the streets or highways upon
and over which they may be laid, the expense of such altera-
tion shall be borne by said company; and such alteration
shall not be made, unless by the direction or assent of said
board of mayor and council.

4. Said railway company shell maimtain the surface of the
strects or highways upon which their tracks are laid, for the
entire width between the rails thereof, and for a space of one
foot on each side, and keep the same in good repair; and
should said company fail or negleet to remedy any de fects in
the said streets or highways within the prescribed limits,
upon five days’ written notice given by said board of mayor
and council, the same may be repaired by the proper munici-
pal officer, at the expense of said company.

5, Said railroad ears shall he operated and used with horses
or mules, unless the board of mayor and council should, by
special assent, permit the use of a dumimy steam engine: and
upon application of said company to use said steam power,
the said board of mayor and council shall give at least four-
teen days’ notice, throuch the public prints; and upon such
notice, the propertyholders along the routes so proposed to
substitute steam power for horse, may appear and show cause
of objection, if any exist, to such change of motive power:
and the said company shall also have at least, on their lines of
road, one or more ears especially appropriated tor the use of
persons of color.

6. Said corporation shall have power to purchase and hold
such real estate within said city of Portsinouth as may be
necessary for the proper and snccesstul carrying on of the
purposes and business of the said railroad company, and also
to elect a president and not less than five directors, who shall
have power to elect all officers necessary to carry on the
business of said company, and to bind, thronuh the signa-
ture of their president and treasurer, the corporation in all
contracts.

7. The capital stock of the said company shall not exceed
two hundred thousand dollars, and shall be divided into two
thousand shares of one hundred dollars each; and the said
company shall have power to mortgage their corporate pro-
perty and tranchise to secure any bonds which they may issne
for the purpose of construction ‘and equipment of said road;
but said issue of bonds shall not exceed twelve thousand
dollars per mile.
& Nothing in this act shall be so construed as to prevent
the authorities of said eity or the Portsmouth gas company
from entering upon and taking up any of the strects or
highways traversed by said railroad company’s tracks, for any
purpose for which they may now lawfully take up the same.

9, Said company shall be liable for all loss or injury arising
to any person or persons by reason of any carclessness, neg-
lect or misconduct of any of its agents or servants in the
construction, management, maintenance and operation of' said
company and its business; and in case any recovery shall be
had against said city by reason of any detect or want of re-
pairs in such portions of the streets or highways as by this
act are to be kept in repair by said company, said company
shall be liable to pay to said eity any sum so recovered
against them, together with all costs and reasonable expendi-
tures incurred in the defence of such suit or suits In which
recovery may be had.

10. If any person shall wilfidly and maliciously obstruct
said company or their agents in the use of said railroad, or
the passing of the engines, cars or carriages belonging to and
used in its business, such persons 80 obstr ucting or injuring,
and all others aiding and abetting them, shall be liable (upon
conviction) to a fine not execeding tive hundred dollars, or
imprisonment not exceeding three months in the common
jail; and if said company, its agents or employees, shall wil-
fully or maliciously obstruct any street or highway, or pre-
vent the passage of any vehicle or carriage over the streets
used by said company, except so far as may be unavoidably
necessary in the construction or maintenance of their track,
and the operations of the company’s cars, said corporation
skall be punished by a fine not exceeding tive hundred dol-
Jars: and said company shall have the right to fix, from time
to time, such rates of compensation, for transporting persons
and property, as they may think expedient; but the rate per
passenger shall not exceed three cents per mile: provided,
however, that said company shall not be obliged to accept a
less amount than ten cents for any one passage.

11. If at any time said company shall discontinue the use
of any of its tracks for a period of twelve months, then the
board of mayor and council may direct the same to be taken
up and removed by said company; and the street or streets
shall be restored to their original condition: and upon the
refusal or neglect of said company to do so, the said mayor
and council may cause the same to be done in any manner
they may deem proper, and at the expense of the said com-
pany: and in case said cor poration shall at any time remove
their tracks from any of the streets or portions of the streets
in which the same may have been located or used. the said
streets or portions of streets shall be restored to their
original condition, and the right to the oceupation of said
streets or portions of streets by the company shall cease,
except after a new application and hearing before the board
of mayor and council, as provided for in section two

12. The said eor poration shall he deemed a railroad cor-
poration so far as to be subject to all existing provisions of
the laws of this state for the taking and usc of lands, and the
assessment and payment of damages for the same, outside of
the streets used by their tracks and necessary for the proper
and convenient carrying on of their business; and also, to
submit to the legislature, or any persons by them appointed,
an exhibit of the books of the company, and otherwise con-
form in all things to existing laws in reference to horse rail-
road companies.

18. The said company shall pay to the city of Portsmouth
a bonus of five per centum on their net profits.

14. This act shall be void and of no effect, unless the same
shall be accepted by the said Ii. Barrett, and his associates,
within three months from the date of its passage, and unless
such tracks shall be constructed as follows: from High street,
through Crawford, Water, Lincoln streets, to Third, in eigh-
teen months; and from Third street. through Lincoln, Fourth,
Court and High, in three years from the date of acceptance.

Chap. 203.—An ACT to incorporate the Portsmouth City Railroad
Company.

Passed March 3, 1806.

1. Be it enacted by the general assembly, That Edward
Barrett, his associates and successors, are hereby created a
corporation, by the name of The Portsmouth City Street
Railroad Company; with power to construct, maintain and
use a railway, with convenient single or double tracks, and
to run cars thereon, for the conveyance of passengers and
property, within the limits of the city of Portsmouth, upon
and over the following streets, viz: Crawford, Water, Lin-
coln, Fourth and Iligh streets; and to be privileged to occupy
and own (tnder privileges and restrictions now appertaining
to railroad companies), such lands as may be required for the
necessary stables and car houses, and for convenient access
thereto; and also, upon and over such other streets and
highways of the said city as may be from time to time fixed
and determined by the mayor and council of said city, upon
the application of said company.

2. Before proceeding to locate the track or tracks of said
railway in such other streets or highways as aforesaid, the
mayor and council of said city shall give notice to the lot-
owners thereon, by publication in the daily journals of the
city, at least fourteen days prior to meeting. of the time and
place at which they will determine the lucation of tracks ;
and such lotowners may then and there appear, and show.
canse, if any there should be. why such tracks should not be
su located.

8. Said railway tracks shall be constructed in the most
approved manner and pattern of street railroads, and upon
such grades as may be prescribed by the mayor and council
of said city prior to the construction of the same; and
whenever, in the construction of said tracks, it shall be ne-
cessary, for the public convenience and satety, that alterations
shall be made in the erades of the streets or highways upon
and over which they may be laid, the expense of such altera-
tion shall be borne by said company; and such alteration
shall not be made, unless by the direction or assent of said
board of mayor and council.

4. Said railway company shell maimtain the surface of the
strects or highways upon which their tracks are laid, for the
entire width between the rails thereof, and for a space of one
foot on each side, and keep the same in good repair; and
should said company fail or negleet to remedy any de fects in
the said streets or highways within the prescribed limits,
upon five days’ written notice given by said board of mayor
and council, the same may be repaired by the proper munici-
pal officer, at the expense of said company.

5, Said railroad ears shall he operated and used with horses
or mules, unless the board of mayor and council should, by
special assent, permit the use of a dumimy steam engine: and
upon application of said company to use said steam power,
the said board of mayor and council shall give at least four-
teen days’ notice, throuch the public prints; and upon such
notice, the propertyholders along the routes so proposed to
substitute steam power for horse, may appear and show cause
of objection, if any exist, to such change of motive power:
and the said company shall also have at least, on their lines of
road, one or more ears especially appropriated tor the use of
persons of color.

6. Said corporation shall have power to purchase and hold
such real estate within said city of Portsinouth as may be
necessary for the proper and snccesstul carrying on of the
purposes and business of the said railroad company, and also
to elect a president and not less than five directors, who shall
have power to elect all officers necessary to carry on the
business of said company, and to bind, thronuh the signa-
ture of their president and treasurer, the corporation in all
contracts.

7. The capital stock of the said company shall not exceed
two hundred thousand dollars, and shall be divided into two
thousand shares of one hundred dollars each; and the said
company shall have power to mortgage their corporate pro-
perty and tranchise to secure any bonds which they may issne
for the purpose of construction ‘and equipment of said road;
but said issue of bonds shall not exceed twelve thousand
dollars per mile.
& Nothing in this act shall be so construed as to prevent
the authorities of said eity or the Portsmouth gas company
from entering upon and taking up any of the strects or
highways traversed by said railroad company’s tracks, for any
purpose for which they may now lawfully take up the same.

9, Said company shall be liable for all loss or injury arising
to any person or persons by reason of any carclessness, neg-
lect or misconduct of any of its agents or servants in the
construction, management, maintenance and operation of' said
company and its business; and in case any recovery shall be
had against said city by reason of any detect or want of re-
pairs in such portions of the streets or highways as by this
act are to be kept in repair by said company, said company
shall be liable to pay to said eity any sum so recovered
against them, together with all costs and reasonable expendi-
tures incurred in the defence of such suit or suits In which
recovery may be had.

10. If any person shall wilfidly and maliciously obstruct
said company or their agents in the use of said railroad, or
the passing of the engines, cars or carriages belonging to and
used in its business, such persons 80 obstr ucting or injuring,
and all others aiding and abetting them, shall be liable (upon
conviction) to a fine not execeding tive hundred dollars, or
imprisonment not exceeding three months in the common
jail; and if said company, its agents or employees, shall wil-
fully or maliciously obstruct any street or highway, or pre-
vent the passage of any vehicle or carriage over the streets
used by said company, except so far as may be unavoidably
necessary in the construction or maintenance of their track,
and the operations of the company’s cars, said corporation
skall be punished by a fine not exceeding tive hundred dol-
Jars: and said company shall have the right to fix, from time
to time, such rates of compensation, for transporting persons
and property, as they may think expedient; but the rate per
passenger shall not exceed three cents per mile: provided,
however, that said company shall not be obliged to accept a
less amount than ten cents for any one passage.

11. If at any time said company shall discontinue the use
of any of its tracks for a period of twelve months, then the
board of mayor and council may direct the same to be taken
up and removed by said company; and the street or streets
shall be restored to their original condition: and upon the
refusal or neglect of said company to do so, the said mayor
and council may cause the same to be done in any manner
they may deem proper, and at the expense of the said com-
pany: and in case said cor poration shall at any time remove
their tracks from any of the streets or portions of the streets
in which the same may have been located or used. the said
streets or portions of streets shall be restored to their
original condition, and the right to the oceupation of said
streets or portions of streets by the company shall cease,
except after a new application and hearing before the board
of mayor and council, as provided for in section two

12. The said eor poration shall he deemed a railroad cor-
poration so far as to be subject to all existing provisions of
the laws of this state for the taking and usc of lands, and the
assessment and payment of damages for the same, outside of
the streets used by their tracks and necessary for the proper
and convenient carrying on of their business; and also, to
submit to the legislature, or any persons by them appointed,
an exhibit of the books of the company, and otherwise con-
form in all things to existing laws in reference to horse rail-
road companies.

18. The said company shall pay to the city of Portsmouth
a bonus of five per centum on their net profits.

14. This act shall be void and of no effect, unless the same
shall be accepted by the said Ii. Barrett, and his associates,
within three months from the date of its passage, and unless
such tracks shall be constructed as follows: from High street,
through Crawford, Water, Lincoln streets, to Third, in eigh-
teen months; and from Third street. through Lincoln, Fourth,
Court and High, in three years from the date of acceptance.