The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-07-14


ands upon which such road was copstruc-a
ed, 10 be ascertained and paid or depos-
ted as aforesaid; bu, no damages shall be
allowed. unless claimed within thirty days
,fter actual notice of such intended change.
shall be given TO such owner or owners. II
residing on the premises, or notice by pub
ication in some newspaper in general cir.
,uation in the county, if nonresident.
SEC. l2, fit shall be necessary, in the
location of any part Of any railroad, to
OCCUPY any road, street, alley, or public
way, or ground of any kind, or any part
thereof, il shall be competent for the mu-
nicipal or other corporation or public off,.
Ger, or public authorities. owning rbav-
ing charge thereof. and the railroad COM
pany, to agree upon the manner and upon
the terms and conditions upon which the
same may be used or occupied, and if
said parties shall be unable to agree there
on, and it shall be necessary, in the judg-
ment of the directors of such railroad COM
panv, to use or occupy such street, alley,
or other public way or ground, such COM
pany may appropriate 50 much Of the
same as may be necessary Tor the pur-'
poses of such road, in the same manner.
and upon The same terms, as is provided
for the appropriation oI the property Of in
diyiduals. by the tenth section OF this act.
SEC. l3. Such corporation may demand
and receive for the transportation OF pas
sengers on said road, not exceeding three
cents per mile, and for the transportion of
property. not exceeding five cents per ton
per mile, when the same is transported a
distance of thirty miles or more; and in
case the same is transported for less dis
tance 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 pow
er to borrow money on the credit of the
corporation, not exceeding its authorized
capital stock, at rate of interest not ex-
ceeding seven per cent, per annum, and
may execute bonds or promissory notes
therefor, in sums of not less than one hun-
dred dollars; and to secure the payment
thereof, may pledge the property and in
come of such company.
Sec. Is. Such company may acquire,
by purchase or gift, any lands in the vi
cinitv Of said road, or through which the
same may pass, so far as may be deemed
convenient or necessary 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 con-
vey, in such manner as the directors may
prescribe; and all deeds and conveyances
made by such company, shall be signed
by the president, under the seal Of the COR
poraton; and any existing railroad cor
poration may accept the provisions OF this
act. and after such acceptance. all conflict
ing provisions of their respective charters
shall be null and void. @
SEC. l6. 1t shall be lawful for such cor
poration, whenever it may be necessary.
in the construction OF such road, to cross
anv road or stream of water, 10 divert the
same from its present location or bed; but
said corporation shall, without unnecessa-
nv delay, place such road or stream in
such condition as hot to impair its former
usefulness. 6 g
Sec. II. Such corporation shall. as
soon as convenient after its organization,
establish principal Office at some poin,
on the line Of its road, and change the
same at pleasure, giving public notice III
some newspaper OF such establishment or
f change. st
SEC 49, Every company organized un-
der this act. shall be required TO erect, al
all points where their road shll cross any
public road, at stiicient elevation from,
such public road TO admit OF tine passage
of vehicles Of every kind, sign, with large
I and distinct letters placed thereon, to give
notice OF the proximity OF the railroad, ant
warn persons Of the necessity OF looking
out for the cars: and any company ne
. glecting or refusing to erect such sign
, she'll be liable in damages tor all injuries
: occurring TO persons or property from
each neglect or refusal; and each railroa,
# company shall be required to fence il
J. roads, with good substantial woodel
I fence, under such rules as the county com
q missioners OF the several counties throug
which the same may pass, shall prescribe
d SEC. 10. That each and every railroa
# company, Incorporated under this aci
II shall annually, in the month of January
|. make full report OF the condition Of it
,. affairs. to the Auditor of State. showing
/. the amount of the capital stock OF sue
/. company, the gross amount OF tolls or re
o ceipts during the previous year, the cost Q
\ repairs and Incidental expenses, the ne
e amount of profits, and the dividendsmade
|. with such other facts as may be necessar
v to full statement,of the affairs and con
dtion of such road; and the Auditor sha
! annually present an distracted Of suc
,fl report 10 the General Assembly. ge.s
l. SEC. 90. That whenever the line OF an
d railroad company now existing, or'whic
|, may hereafter organize under this ac'
), shall cross any canal. or any nayigabl
d water, the said company shall file with In
4 - n..L Al.