Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-11-12

slanual wooden fence, under such rules as ,he
county commissioners Of the several counties
through which tho same may pass, shall pre-
scribe. I... ~.
Sec. 10. That each and every railroad COM
Pany. incorporated under tbs act, shall, annual
ly, in the month Of January, make full report
of The condition OF It's affairs, to the Auditor Of
SAFE, showing the amount OF capital stock Of
such company the gross amount OF tolls or re-
ceipIs during the previous year, the cost OF 70,
pairs and incidental expenses, the net amount
Of Pro6ls, and the dividends made with such
other facts as may be necessary TO full state.
ment Of the affairs and condition Of such road I;
and the Auditor shall annually present an ab.
suacl copy Of such report TO The General As.
senbly. ' ... ...
Sec. 20. 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 with 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 ca
nal or navigabe water. designating the place Of
crossing; and il the said board, or acting com
missioner thereof, shall approve OF such plan,
he shall notify such company. in writng, OF
such approval but il the said board. or acting
commissioner, shall disapprove such plan, or
fail TO approve The same within twenty days
from the filing thereof, then it shall be lawful
Tor such company 10 apply TO the court Of com.
mon pleas, or any Judge thereof, in vacation,
and upon reasonable notice being given 10 The
members of The board Of public works. or said
acting commissioner, said couu or Judge shall,
upon good cause shown, appoint a competent
dlsln1eresled engineer, not a resident of any
county through which said road passes, TO ex,
anime such crossing, and prescribe The plan and
condition thereof, so as not 10 impede naviga.
tlon and such engineer shall, within twenty
days from his appointment, make his return io
the court OF common pleas OF the county where
such crossing is TO be made, subject to excep.
lion by either party; and thereupon The courr
shall, at the next tern after The filing Of said
return, proceed TO examine The same, and un'
less good cause is shown, shall approve and
contlrm the same; and such order OF confrma
lion shall be sufficient authority for the election
use and occupancy Of such bridge, in accord
ance with such plan: Provided lha, no railroad
company shall be authorized 10 construct any
permanent bridge over any canal Of this Stale
which shall be less than len feet in The clear
above the top water line of said canal and the
piers and abuImenIs Of such bridge shall be
/ placed so as not 10 any manner to contract the
width Of The canal, or interfere with free pass.
age or The towing path. ...... -... .
Sec. 2l That whenever The lines Of railroad
Of any railroad companies in this State, or any
portion of such lines, have been or may be con
sIrucIed so as 10 admit the passage Of burden o.
passenger cars over any two or more of suct
roads continuously, without break or iLIerrup
Iion, such companies are hereby authorized IC
consolidate themselves into single corporation
in The manner following ..... .... ..
|. The directors of said two or more corpO
ra1Ions may enter into an agreement, under lht
corporate seal of each, for The consolidation o
The SAID Two or more corporations, prescribing
The terms and conditions thereof; The mode o
carrying the same into effect: The name Of lh'
new corporation ; the number of the directors
thereof, which shall not exceed thirteen III:
time and place of holding The first election o
directors; the number of shares Of capital sIocl
in the new corporation the amount Of eacl
share the manner Of converting The shares o
capital stock in each of said TWO or more corpo
ralions iOlo shares in such new corporation; III,
manner Of compensating stockholders ia eacl
OF said Two or more corporations who refuse Il
convert their stock into the stock Of such new
corporation; with such other details as ihel
shall deau naCessarv IN ne,Coct euch oonsnl ida
zion OF said corporations and such new corpo
ration shall possess all the powers, rights aHr
franchises, conferred upon such said two o
more corporations, and shall be subject TO al
the restrictions. and perform all the duties, i'm
posed by the provisions of this act Provided
that all Stockholders in either of such corpora
lions who shall refuse 10 convert their stock in
TO the stock Of such new corporation, shall b
paid at least par value lor each Of the shares s
, held by Them. il they shall so require. preVlou
I TO said consolidation being consnmmaIed.
, H. Such agreement OF the directors shall no
be deemed TO be the agreement of The sail Iwt
or more corporations, until after it has bee
I submitted 20 the stockholders Of each of sal
corporations, separately, at meeting thereof
10 be- called upon a notice Of at least IhlrI
f duys; specifying The time and place Of sue
3 meeting, and tho object thereof; to be address
! ed 10 each OF such stockholders, when ihei
place oil residence is known, and deposited i
. the pos, Office, and published for at least 'hre
successive weeks in one newspaper 10 al lea
4 one Of the cities OF towns in which each Of sa
1 corporations has lis principal Office Of busnes
and has been sanctioned by such s.Ockholder
Il l..
the stockholders Presen. at such meeting. votn
!. by ballot, in regard TO such agreement. either
!. person or by proxy. each share OF capital s'oc
r being entitled TO one vote; and when such agre
8 menI Of lhe directors has been so sanctioned
n each OF lhe meetings Of the stockholders sep
h ra,ey, after being submiuod to such meeting
!. in the manner above mentioned, then sue
agreement of the directors shall be deemed