Approved April 4, 1860.
[1862.—Chapter 156.]
An Act providing for the more speedy completion of the Troy and Greenfield Railroad and Hoosac Tunnel.
Be it enacted, &c., as follows:
Sect. 1. The governor, with the advice of the council, is hereby authorized and directed to appoint three able, impartial and skilful commissioners to investigate the subject of finishing the Troy and Greenfield Railroad, and of tunneling the Hoosac Mountain, whose duty it shall be to report to the governor and council what, in their judgment, will be the most economical, practical and advantageous method of completing said road and tunnel, the estimated cost of fitting the same for use, the time within which the tunnel can be completed, and what contracts can be effected, and with what parties, for completing said tunnel and road, and the probable cost of the same, the probable pecuniary value of the road and tunnel when completed, the sources and amount of traffic and income, and all other facts in their opinion useful to assist the governor and council in determining the best method of securing a continuous railroad communication between Troy and Greenfield.
Sect. 2. The Troy and Greenfield Railroad Company is hereby authorized to surrender to the slate, the property now mortgaged; but the right of redemption shall not be barred until ten years have elapsed after said road and tunnel are completed and the same open for use. The said commissioners shall immediately, in the name of the Commonwealth, take complete possession under the mortgages to the Commonwealth, given by the Troy and Greenfield Railroad Company, of all property, rights and interests intended to be conveyed by said mortgages, or either of them, and then shall, without unnecessary delay, cause the said railroad to be completed and put into running order, and supplied with suitable depots, turn-tables and other usual and necessary appliances for the reception of freight and passenger cars, from the eastern terminus of the Troy and Greenfield Railroad to the Hoosac Tunnel.
Sect. 3. Said commissioners shall audit and allow all just claims for labor, service, materials, land-damages incurred after April sixth, eighteen hundred and sixty, and before July twelfth, eighteen hundred and sixty-one, in carrying on the work of constructing the Troy and Greenfield Railroad and Hoosac Tunnel, and may procure the release of all attachments and discharge all liens on said materials. The accounts thus audited shall be transmitted to the governor, and, if approved by the governor and council, the governor is hereby directed to draw his warrant upon the treasurer in favor of the claimants, for the amounts thus allowed, to an amount not exceeding one hundred and seventy-five thousand dollars.
Sect. 4. Said commissioners are hereby authorized, with consent of the governor and council, to use or run that portion of said road east of the Hoosac Mountain, or lease the same to the "Vermont and Massachusetts," the "Fitchburg," the "Troy and Boston Railroad Company," or either of them, until the completion of the said tunnel.
Sect. 5. Said commissioners shall have authority, with the approval of the governor and council, to continue the work on the Hoosac Tunnel, and by contract or otherwise, to expedite the completion of said tunnel.
Sect. 6. All the net earnings and income derived from said railroad, including the tunnel, shall be held by the Commonwealth in trust: first, for the payment and reimbursement of the interest on all loans, advancements and disbursements of the Commonwealth, on account of said railroad or tunnel: second, for the payment and reimbursement to all parties having a legal right thereto.