The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-06-04
poration, as shall be prescribed bv law.

q sary, for the purpose Of avoiding annoyan
4 topublic travel, or dangerous or difficult curv
or grades, or unsafe or unsubstantial groun
y or foundations, or for other reasonable cause
TO change the location or grade of any portiol
4 LOT their road, whether heretofore made or her
) after to be made, such railroad compani
9 shall be and are hereby authorized to NAL
such changes of grade and location, not d
) parting from the general route prescribed
= the certificate of such company; and for Il
!, purpose of making such changein in the locatit
I and grades of any such road, as aforesaid. su,
company shall have all the rights, powers an
!, privileges to enter upon and take and appr
} pirate such lands, and make surveys necessaI
i 70 effect such changes and grades, upon Ii
same terms, and be subject to the same obi
\ cations, rules and regulations, as are prescril
.Tsd. y law, and shall also be liable, in damageI
when any have been caused by such change, /
the owner or owners Of helands upon which
such road was heretofre constructed, to be as
certained and paid or deposited as aforesaid
but no damages shall be allowed, unless claim
ed within thirty days after actual notice of sue
intended change, shall be given to such owne
or owners, if residing on the premises, or nc
tice by publication in some newspaper of gen
eral circulation in the county, if nonresident
v,
cation OF any part of any railroad to occup
any road. street, or alley, or public way, o
ground of any kind, or any part thereof, it shal
alton or public officer, or public authorities
owning or having charge thereof, and the rail
road company, to agree upon the manner ant
same may beused or occupied; ;and If said partie
/ shall ha ahlo n aorao fharonnit ohoIl f. ~ -.
essary, in the judgementof the directors o
such railroad company, to use or occupy sucl
road street ALLEY other public way or ground
such company may appropriate so much of tn
same as may be necessary for the purposes o
such road, in the same manner, and upon tn
same terms, as is provided for the appropria
tion of property Of individuals, by the tentl
section of this act,
Sec. l3 Such corporation may demand anc
receive for the transportation Of passengers OF
said road, not exceeding three cents per mile
and for transportation Of property not exceed
ing five cents per ton per mile, when the SAM
is transported distance of thirty miles O.
more; and in case the same is transported for
less distance than thirty miles, such reasona
BILE rate as may be from time to time fixed b,
said company, or prescribed by law
Sec. IA. Such company shall have power X
borrow money on the credit of the corporation
not exceeding its authorized capital stock, at {
rate of interest not exceeding seven per cent
per aunnum, and may execute bonds or prolnis
sorry notes there or, in sums of not less thar
one hundred dollars; and to secure the payment
thereof, may pledge the property and income o.
such company.
Sec. Is. Such company may acquire, BY
purchase or gift, any lands in the vicinity Of
such road, or through which the esame may pass
so far as may be deemed convenient or neces
sary by said company to secure the right Of
way, or such as may be granted to aid in the
construction of such road, and the same to hold
or convey, In such manner as the directors may
prescribe; and all deeds and conveyance made
by such company, shall he signed by the pres
ident, under the seal of the corporation; and
any existing railroad corporation may except
the provisions of this act, and after such ac.
cep ance, all conflicting provisions Of theiI
respective charters shall be null and void.
Sec. l6. 1t shall be lawful for such corpor
alton, whenevev it may be necessary, in the
construction of such road, to cross any road OF
stream Of water, divert the same from its pres
ent location or bed; but said corporation shall,
without unnecessary delay, place such road OF
stream in such condition as not to impair its
former usefulness.
Sec. II. Such corporation shall, as soon as
convenient after its organization, establish a
principal office at some point on the line Of its
road, and change the same at pleasure, giving
public notice III some newspaper Of such es.
tai bishment or change.
Seer IL. Every company organized under
this act shall be required to erect, at all points
where their road shall cross any public road, at
a sufficient elevation from such public road to
admit of the free passage of vehicles of every
kind, sign with large and distinct letters pla-
ced thereon, to give notice Of the proximity Of
therailroad, and warn persons of the necessity
of looking out for the cars; and any COM
pany neglecting or refususing to erect
such sign, shall be liable in damages for
all injuries occurring to persons or property
from each neglect or refusal;a and each railroad
company shall be required to fence its roads,
with good substantial wooden fence, under
such rules as the county commissioners Of the
several counties through which the same may
pass, shall prescribe,
Sec. 10. That each and every railroad com
pauN incorporated under this act, shall annu
ally, in the month of January, make a full re
port Of the enndition of its affairs, to the Audi
of State, showing the amount of the capital
stock of such company, the gross amount OF
tolls or receipts during the previous year, the
cost of repairs and incidental expenses, the
etamount of profits, and the dividends made;
with such other facts as may be necessary to u
full statement of the affairs and condition ofsuch
road; and the Auditor shall annually present
an abstrast copy of such report to the General
Asse nbly.
Sec. 90. That whenever the line Of any rail-
road company now existing, or which may
hereafter organize under this act, shall cross
any canal, or any navigable water, the said
company shall file with the "Board Of Public
Works, !" or the acting commissioners thereof,
having charge of the public works where such
crossing is proposed, the plan of the bridge,
and other fixtures for crossing such cana or
nayigahle water. designating the place ofeross-
ing; and II said board, or acting commissioner
thereof, shall approve of such plan, he shall
notify such company, in writing, of such APP
proval but if said board, or acting commits
sioner, shall disapprove Of such plan. or fail
to approve the same within twenty days from
the filing thereof, then il shall be lawful for
such companyto apply to the court Of COM
mon pleas, or any Judge thereof, in vacation,
and upon reasonable notice being given to the
members Of the board of public works, or said
acting commissioner, saidcourt or Judge shall,
upon good cause shown, appoint a competent
disinterested engineer, not resident Of any
county through which SAID road passes, to ex-
anime such crossing, and prescribe the plan
and condition thereof, so as not to impede nav
igation; and such engineer shall, within twenty
days from his appointment, make his return to
thecourt Of common pleas Of the county where
such crossing is to be made, subject to excep-