Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1836-05-27

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cases it shall be competent for said
company, and any corporation or cor
porations, person or persons Injured
by the location or construction there
Of, TO refer the question of damages 10
such arbilrators as they may agree
upon, whose awards, when made and
returned TO the court Of common pleas
within and for the county in which
the damages have been sustained, and
affirmed by said court, shall be 6nal,
and said court may eater judgment ac
cordingly.
Sec. Is. That upon payment by
the said company Of such damages to
the person or persons, corporation or
corporations, TO whom the same may
have been assessed or awarded, as in
this act before provided, then the said
company shall be deemed to be seized
and possessed Of the use Of all such
lands or real estate, not exceeding one
hundred feet 10 width, as shall have
been assessed or appraised by commits
sioners or arbilrators as herein before
provided, so long as the same shall be
used for such road; and it shall be The
duty Of the commissioners and arbilra
tors so chosen, 10 embrace in their re
ports or awards description Of ths
lands or real estate for which they
shall assess damages, as aforesaid:
Provided, always, that where the said
road may be located in and through
any street or streets ofany village, the
SAID company shall not be deemed
seized and possessed Of more than fifty
feet in width of such street or streets.
Sec. 10. That in any suit institu.
ted against the said corporation, The
service ofIegal process on the Presl'
dent, or any one of the directors, or
on the treasurer or secretary Of said
corporation, shall be deemed and held
in all courts aod places, as a sufficient
and valid service on said corporation.
Sec. 90. That full right and privi
Iege is hereby reserved to this state
or any company hereafter 10 be incor
porated under the authority Of this
state 10 connect with the road hereby
incorporated, any other rail road lead
ing from the main route 10 any other
part or parts of this state: Provided,
That in forming such connection no
injury shall be done TO the works Of The
company hereby incorporated.
Sec. FL. That any individual or
company or body corporate owning a
manufacturing establishment of any
kind or description in the vicinity of
said rail road, may at any time that
he, they or their agent may deem it
expedlent TO connect lateral road run
ming by his or their establishment al
any two points that he, they, or their
agent may think most practicable. at
his or their individual expense: Pro
vided, always, that the said road com
pany, Tor any person or persons un
der their direction,) propelliOg ma
chimes, wagons, vehicles, or carriages
of any description whatsoever which
they may deem necessary for the pnr
poses of transportation on said road
shall have the privilege Of travelling
using or occupying said lateral road at
pleasure, or if circumstances should re
quire, without The payment OF toll Tor
using the same.
Sec. 90. That whenever In the
construction Of said road or roads il
shall be necessary 10 cross or intersecl
anv established road or ways, it shall
be the duty of the president and direc
tors of said company so to construct
the said road across such established
road or way as not 10 impede the pas.
sage or transportation Of persons OF
property along the same, or when II
shall be necessary to pass through Inc
laud of any individual, it shall also
be their duty to provide such individ
usI, proper wagon ways across sald
road or roads, from one part OF his land
10 another. :,
Sec. 30. That the said Preslden
and directors, or majority Of them
shall have power to purchase with I'M
funds of said company and place on any
rail road constructed by them unde'
this act, all machines, wagons, veh
cles or carriages, of any description
whatsoever, which they may deem
necessary or proper for the purpose
of transportation on said road, ant
they shall have power TO charge lo
tolls upon, land the transportation o.
persons) goods, produce, merchandise
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