« PreviousContinue »
pier thereof for such term of time as the same may be required for the
Regulation, necessary to cross or intersect any established road, it shall be the du- when co. ty of said company so to construct said rail road across such establish- sec tronde. ed road, as not unnecessarily to impede the passage of persons or pro
perty along the same ; and when it shall be necessary to construct it through the lands of any individual, it shall be their duty to provide for such individual proper wagon ways, and keep the same in repair across said rail road, from one part of his land to another.
Sec. 17. If said company shall neglect to provide proper wagon ways across said rail road, and keep the same in repair as required by the preceding section of this act, it shall be lawful for any individual to sue said company, and to recover such damages as a court or jury may think him, her or them entitled to for such neglect or refusal on the part of said company. When it shall be necessary for the convenience of the public or persons receiving or sending property by said rail road, the said company shall permit side tracks to intersect their main road at any depot on or along the line of said road; and that such persons shall be entitled to have any property taken from such side tracks, under the direction and regulations of said company without unreasonable delay.
Sec. 18. If it shall be necessary for the said rail road company, in Connection with cross the selection of the route or the construction of the said rail road, to be ing rail road, canal, &c. by them laid out and constructed, or any part of it, to connect the
same with or to cross any rail road, canal, dam or bridge made or erected by any incorporated company, or authorized by any law of this state, it shall be lawful for the said company to contract with such other corporation for the right to cross or use such road, canal, dam or bridge, or for the transfer of such of the corporate or other rights and privileges of such corporotion to the said company hereby incorporated, as may be necessary in that respect; and every such other corporation acting under the laws of this state, is hereby authorized to make such contract or transfer by and through the agency of the persons authorized by the respective acts of incorporation, to exercise their corporate power or any of the rights and privileges aferesaid ; and every contract or transfer made in pursuance of the power
and author. ity hereby granted, when executed by the respective parties under their several corporate seals, shall vest in the company hereby incorporated, all such rights and privileges, and the rights to use and enjoy the same as fully as they are used and enjoyed by the said corporation in whom they are now yested.
Sec. 19. The said company shall have power to purchase with the
funds of said company, or to contract for and place on any rail road powers of
proper for the purposes of transportation on said rail road, and they shall have power to charge for tolls and transportation, such sums as shall be lawfully established by the by-laws of said company; and it shall not be lawful for
person or persons to transmit any passenger or merchandize or property of any description whatever upon
said rail road or any part of it without the license or permission of said company; and the said rail road, with all its improvements, works and profits, and all machinery used on said rail road for transportation, and all the machine shops, depots, buildings and edifices connected with said rail road shall be vested in the said company forever, and the shares of the capital stock of said company shall be considered personal property, and shall be transferable on the books of said company, agreeably to the by-laws of said company, and subject to be taken in execution, agreeably to such laws as are or may be hereafter in force.
Sec. 20. The said company shall have full power and authority to Tolls and ask for, demand, recover and take the tolls or dues to and for their transportat'n own proper use and benefit, on all goods, merchandize and passengers using or occupying the said rail road, or any other convenience, erection or improvement built, occupied or owned by the said company, to be used therewith ; and they shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same, as well as the manner of collecting all tolls and dues on account of transportation and carriage and storage, and shall have full power to erect and maintain such toll houses and other buildings, for the accommodation and proper transaction of their business as to them may seem necessary. Said company may charge and collect a reasonable sum for storage on property transported by them on said road, on delivery thereof at any of their depots, which property shall have remained so stored more than five days after notice to owner or consignee, if known, at his usual place of business or residence, or after notice by mail sent to owner, if consignee not known; and said company shall transport merchandize and property and passengers upon said road, without partiality or favor, and with
all practicable dispatch, under a penalty for each violation of this provision, of one hundred dollars, to be recovered by the party aggrieved, in an action of debt against said company. But soldiers, sailors and marines, and officers of the army and navy of this State, or in the service of the United States, and arms, ordnance, military stores and munitions of war, shall take precedence of other persons or property, first in favor of this State, second of the United States.
Sec. 21, Whenever it shall be necessary for the construction of May cross
their rail road, to intersect or cross any stream of water or water course or road or highway, lying on the route of said rail road, it shall and may be lawful for the company to construct their rail road across or upon the same : Provided, That the company shall restore the stream or water course, road or highway thus intersected or crossed, to its former state, or in a sufficient manner not unnecessarily to impair its usefulness.
Sec. 22. The said company may annually or semi-annually make Dividends.
such dividend as they may deem proper, of the nett profits, receipts or income of the said company, deducting the necessary expenses, and they shall make a dividend among the stockholders of the said company in proper proportions to their respective shares.
Sec. 23. It shall be lawful for the directors to require payment of on shares of the sums subscribed to the capital stock of said company at such times
and in such proportions, and on such conditions as they shall deem proper
and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation. And the treasurer shall give notice of all such assessments; and in case any subscriber or stockholder shall neglect to pay an assessment on his share or shares for the space of thirty days after the time in such no tice specified for the payment thereof, as shall be prescribed by the by-laws of said corporation, the directors may order the treasurer to sell such share or shares at public auction, after giving such notice as may be prescribed as aforesaid, to the highest bidder, and the same shall be transferred to the purchaser on the books of the company, by the president thereof: and such delinquent subscriber or stockholder shall be held accountable to the company for the residue of the assessments, not satisfied by the proceeds of such sale of his share or shares, if sold for jess than the assessments due thereon, with the interests and costs of
sale, and such costs and interests to be first paid from the proceeds of such sale, and shall be entitled to the surplus if his share or shares, shall sell for more than the assessments due, with interest and cost of sale : Provided, however, That no assessment shall be laid upon any shares in said corporation for a greater amount in the whole than one hundred dollars upon each share.
Sec. 24. The directors shall have full power to conduct the affairs of said company, and to exercise any powers which said company General might exercise, except where provision is made by this act for the ex- directors. ercise of such powers by the stockholders at their annual or special meetings, or where the powers of the directors may be restrained by the by-laws of said company.
Sec. 25. The directors of said company shall annually, on or before the twenty-fifth day of January, make a report to the Secretary of poit. State, which shall embrace the business of the preceding year, to the first day of January, stating the length of their road in operation, cost of construction, and the indebtedness of the company for materials or work in progress of delivery or execution, on account of construction, as near as can be conveniently ascertained, and all other indebtedness, if any there be ; the amount of capital stock subscribed and the amount actually paid in, and the amount of all loans made by said company for the purpose of constructing said road; and the nett proceeds invested in the construction and stocking of said road; the amount of dividends, the names of the stockholders, with the amount of stock owned each, respectively ; receipts from freight, from passengers, and from all other sources on account of operating the road; the number of through and way passengers, respectively; the expenditures for the repairs of the road, for the repairs of engines and cars, and other expenditures, which three items shall include all the expenditures for operating, and the expenditure made for construction during the year; the number of engines, of passenger, freight and other cars; the average number of men in employment of the company; the number of miles run by passenger, freight or other trains, which report shall be verified by the affidavit of at least two of the directors, or persons having the superintendence of the same, and filed in the office of the Secretary of State.
Sec, 26. The said company shall pay to the state an annual tax of