Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-06-12


before etitering on their duties, shall each TAX
an oath or affirmation, faithfully to discharg
his duties, and they SHALL from time to tim
make such dividends of the profits of sait
company. as they may think proper
f Sec. 10. Such corporation is authorized 4
enter upon any land, for the purpose of ex
nmining and surveying its railroad line, ant
may appropriate so much thereof as may b.
deemed necessary for its railroad. including
necessary side tracks. depots and workshops
and water stations, materials for construction
except timber, right of way over sdjacen
lands, sufficient to enable such company tc
construct and repair its road, and a right ol
conduct water by aqueducts, and the right tc
making proper drains; but no appropriation oI
private property TO the use Oft any corporation
provided for in this act, shall be made, until
full compensation therefor be first made, in
money, or first secured by dePosiGe of money,
to the owner or owners irrespective of any
benefit from any improvement proposed By
such corporation, as shall be prescribed by
law.
Sec IL. That whenever any railroad compa-
ny heretofore incorporated. or which may here
after be incorporated, shall find il necessary for
the purpose of avoiding annoyance to public
tavel, or dangerous or difficult curves or grades
or unsafe or unsubstanlial grounds or founda-
tions. or for other reasonable causes, to change
the location or grade of any portions of their
Tond, whether heretofore made or hereafter to
be made such railroad companies shall be and
are hereby authorized to make such changes
of grade and location, not departing from the
general route prescribed in the certificate of
such company; and for the purpose Of making
any such change in the location and grades of
any such road, as aforesaid, such company
shall have all the rights powers and privileges
to enter upon and take and appropriate such
lands, and make surveys necessary to effect
such changes and grades, upon the same terms
and be subject to the same obligations, rules
and regulations, rs are prescribed by law, and
shall also be liable, in damages when any
have been caused by such chang . o tie ownt I
or owners of the lands upon which such road
was heretofore constructed, to be ascertained
and paid or deposited as aforesaid; but no dam
ages shall be allowed, unless claimed within
thirty days after actual notice Of such intended
change, shall be given TO such owner OF own
erss If residing on the premises; or notice by
publication in some newspaper In general cir
culation in the county, if nonresident
Sec II. Ifit shall be necessary, in the loca-
ton of any part Of any railroad, to occupy any
road, street. alley. or public way, or ground Of
any kind, or any part thereof, it shall be COM
petent for the municipal or other corporation
or public officer. or public authorities, owning
or having charge thereof, & the railroad COM
pany. TO agree upon the manner & upon the
terms and conditions upon which the same
may be used or occupied; ifsaid parties, shall
be unable to agree thereon, it shall be necesss-
ry, in the judgment of the directors of such
railroad company, to use or occupy such road
street, alley, or other public way or ground
such company may appropriate so much of the
same as may be necessary for the purposes
Iof such road, in the same manner and upon
she same termss as is provided for the appro
lpriation of the property of individuals, by the
tenth section OF this act.
Z Sec. l3 Such corporation may demand and
receive for the transportation of passengers or
said road. not exceeding three cents per mile
& for the transportation of property
not exceeding five cents per ton pei
mile, when the same is transported distauct
of thirty miles or more; and in cast
the same is transported for a les
distance than thirty miles, such reasonable
rate as may be from time to time fixed by
said company, or prescribed by law.
+ Sec. IA. Such company shall have power &
borrow money on the credit of the corporation
not exceeding its authorized capital stock, at
rate of interest not exceeding seven per cent
per annum, and may execute bonds or prom
issory notes therefor, in sums of not less thai
one hundred dollars; and to secure the pay
ment thereof, may pledge the property d in
come of such company.
Sec. Is. Such company may acquire, by
purchase or gift, any lands in the vicinity o
said road or through which the same may
pass, so far as may be deemed convenient oI
necessary by said company TO secure the righ
of way, or such as may be granted 70 aid ir
the construction of such road, and the same K
hold or convey, in such manner as the direct
ors may prescribe: and all the deeds and con
, veyances made by such company, shall be sign
: ed BY the president, under the seal of the cor
ration, and ana existing railroad cor
: poration may accept the provisions of this ac
and after such acceptance, all conflicting pro
visions of their respective charters shall b,
null and void
! Sec I6 II shall be lawful for such corpora
: ton, whenever it may be necessary, in the con
j structon of such road, TO cross any road o
S stream Of water, to divert the same from it
present location or bed. but said corporation
s snail, without unnecessary delay, place sucl
? road or stream in such condition as not to i'm
S pair its former usefulness.
= Sec. IT. Such corporation shall as soon a
S convenient after its organization. establish
: principal Office at some point on the line of it
: road. and change the same at pleasure, giving
: public notice in some newspaper of such es
f tablishment or change.
Sec. l8. Every company organized. uhde
this act, shall be required to erect, at all point
| where their road shal cross any public roaC
at suffcieat elevation from such public roat
20 admit of the free passage of vehicles of ev
: cry kind sign, with large and distinct letter
; placed thereon, TO give notice of the proGinit
nf The railroad. and warn persons of the neces
r sity Of looking "nr for the cars; and any com
pany nrelrcIing or refusing TO erect such sign
shall be liable in damages fu at injuries Oc
OBJ, - ToO