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Home » US Law » 2022 New Hampshire Revised Statutes » Title XXXIV - Public Utilities » Title 367 - Formation and Union of Railroad Corporations; Leases and Extensions

Section 367:1 – Mode.

    367:1 Mode. – Twenty-five or more persons, a majority of whom are residents of this state, may associate together by articles of agreement for the purpose of forming a corporation to construct, maintain and operate a railroad. Source. 1883, 100:1. PS 156:1. PL 246:1. RL 296:1.

Section 367:10 – Notice of Petition.

    367:10 Notice of Petition. – Any justice of the court, in term time or vacation, upon application by the petitioner and without notice to other parties, shall issue a summons to be served by the date specified by the court on the summons. Source. PS 156:9. PL 246:9. RL 296:9. 2014, 204:16, eff. July […]

Section 367:11 – Reference.

    367:11 Reference. – On the service date specified by the court on the summons, if it appears to the court that sufficient notice of the petition has been given and that all preliminary steps have been taken, and the capital stock has been subscribed by responsible parties, in good faith, with the intention of […]

Section 367:12 – Notice of Hearing.

    367:12 Notice of Hearing. – The board to whom the petition is referred shall appoint a time and place of hearing, and shall give notice thereof by causing a copy of the petition and of their order thereon to be given to the attorney general or left at his abode 14 days before the […]

Section 367:13 – Hearing; Report.

    367:13 Hearing; Report. – The board shall hear all parties who are interested and desire to be heard and shall make report of their doings and findings to the regular session of the court held next after their last hearing. Source. PS 156:12. PL 246:12. RL 296:12.

Section 367:14 – Decision.

    367:14 Decision. – The court shall thereupon, after hearing such parties as desire to be heard, decide the questions raised by the petition, and cause a record of their decision to be made. Source. PS 156:13. PL 246:13. RL 296:13.

Section 367:15 – Certificate.

    367:15 Certificate. – I. If they decide that the public good requires the proposed railroad, the secretary of state, upon receipt of a copy of such decision, shall issue to the corporation a certificate substantially in the following form: THE STATE OF NEW HAMPSHIRE Be it known that whereas … have associated themselves together […]

Section 367:16 – Meeting of Subscribers.

    367:16 Meeting of Subscribers. – The directors may call a meeting of the subscribers to the capital stock of the corporation for the purpose of adopting bylaws and completing a permanent organization, and give such notice thereof as they deem reasonable. Source. 1883, 100:6. PS 156:15. PL 246:15. RL 296:15.

Section 367:17 – Time for Building.

    367:17 Time for Building. – All the franchises and rights of a corporation so established, as to any portion of its railroad which is not completed ready for operation at the end of 3 years from the date of its certificate of establishment, shall be forfeited. Source. 1883, 100:12. PS 156:16. PL 246:16. RL […]

Section 367:18 – Powers of Railroad Corporations Generally.

    367:18 Powers of Railroad Corporations Generally. – Railroads have the general powers granted to other corporations, and the special powers granted to them by their charters and the general laws of the state. Source. GS 144:1. GL 158:1. PS 157:6. PL 247:6. RL 297:6. 1951, 203:50, eff. Sept. 1, 1951.

Section 367:2 – Articles of Agreement.

    367:2 Articles of Agreement. – The articles of agreement shall set forth the name of the corporation; the termini of the proposed railroad; its length, as nearly as may be; the name of each city, town and county through or into which its route will extend; its gauge; the amount of the capital stock […]

Section 367:20 – To Another Railroad.

    367:20 To Another Railroad. – Any railroad corporation may, subject to the provisions of RSA 374, lease its railroad, railroad property, and interests to any other railroad corporation for such length of time and upon such terms as may be agreed to by the lessor and lessee corporations at meetings of their respective stockholders, […]

Section 367:21 – Procedure.

    367:21 Procedure. – If 2 or more railroad corporations, at meetings of their respective stockholders, properly notified and held for the purpose, have agreed, by a 2/3 vote of the stock represented and voting at such meetings, to unite and form a single corporation, they may apply by petition to the superior court for […]

Section 367:22 – Agreement; Record; Powers.

    367:22 Agreement; Record; Powers. – In such case, the corporations shall make and execute an agreement setting forth the terms of the union, and shall cause the same, together with the decision of the court authorizing the union, to be recorded in the office of the secretary of state; and, from and after such […]

Section 367:23 – First Meeting.

    367:23 First Meeting. – The first meeting of the new corporation shall be called by the presidents of the corporations which united to form it, or by either of them, by publishing a notice of the time and place of meeting and of the subjects to be there acted upon, in one or more […]

Section 367:24 – Right to Vote.

    367:24 Right to Vote. – Until stock of the new corporation has been issued to assenting stockholders, they shall have the right to vote in meetings of members of the new corporation as if stock had been issued to them according to the agreement of union and they were the holders thereof. Source. PS […]

Section 367:25 – Limit of Stock.

    367:25 Limit of Stock. – The capital stock of the new corporation shall not exceed the sum of the capital stocks of the uniting corporations actually issued and paid for at par at the time of the union. Source. 1883, 100:23. PS 156:26. PL 246:23. RL 296:23.

Section 367:26 – Limit of Dividends.

    367:26 Limit of Dividends. – The new corporation shall not divide to its stockholders in dividends a greater sum than the aggregate sum which the uniting corporations together were authorized to divide to their stockholders. Source. 1883, 100:24. PS 156:27. PL 246:24. RL 296:24.

Section 367:27 – Petition for Relief.

    367:27 Petition for Relief. – If any stockholder in a railroad corporation which has voted to build an extension or branch, or which has become a party to a lease or to a contract of union under the provisions of this chapter, shall dissent from the building of such extension or branch, or from […]