Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-07-14

strueted, to be aScertalned and paid or depos
tied as aforesaid, but no damages shall be al
lowed, unless claimed within thirty day afle
actual notice Of such intended change, slial
be given to such owner or owners, if residip,
on the premises, or notice by publication il
some newspaper in general circulation ia th,
| county, if nonresident.
SEC. l2 Ii it shall be necessary, 10 The To-
cation of any part of any railroad, to occupy
any road, street, alley, or public way, OF
ground of any kind, or any part thereof, j,
shall be competent for the municipal or Other
corporation or public officer, or public ant..or.
tiles, oygoing or having charge thereof, and
the railroad company, to agree upon the man.
ner, and upon the terms and conditions upon
which the same may be used or occupied;
and if said parties shall be unable to agree
thereon, and it shall be necessary 10 the iudg-
ment of the directors of such railroad comma
ny, to use or occupy such road, street, alley,
or other public way or ground; such company
may appropl late so much of the same as may
be necessary for the purposes of such road,
ID the same 1nanner,and upon the same terms
as is provided for the appropriation of the
property OF individuals, by the tenth section
of this act.
SEC. 13. Such corporation may demand
and receive for the transportation of passen-
gers on said road, not exceeding three cents
per mile, and for the transportation Of prop
elty, not exceeding FIVE cents per ton per
mile, whom the same is transported a dis
tance of thirty miles or more; and in case the
same is transported for less distance than
thirty miles, such reasonable rates as may be
from time to time fixed by said company or
prescribed by law.
SEC. Ia. Such company shall have power
to borrow money on the credit of the corpo-
ration, not exceeding its authorized capital
stock, at a rate of interest not exceeding sew
en- per cent per anEum, and may execute
bonds or promissory notes therefor, in stfms
OF not less than one hundred dollars; and to
secure the payment thereof, may pledge the
property and income of such company.
SEC. 15. Such company may acquire, by
purchase or gift, any lands in the vicinity Of
said road. or through which tile 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 convey, in such manner as
the directors may prescribe; and all deeds
and conveyanees made by such company,
shall be signed by the president, under the
seal OF the corporation; and any existing rail-
road corporation may accept the provisions of
this act, and after such acceptance, all con-
f1icting provisions of their respective charters
shall be null aud void.
Sec. 16. 1t shall be lawful for such corpo-
ration, whenever it may be necessary, in the
construction of such road, to cross any road
or stream of water, to divert the same from
its present location or bed; but said corpora
tlon shall, without unnecessary delay, place
such road or stream in such condition as not
to impair its former usefulness.
SEC. IL. Such corporation shall, as soon as
convenient after its organization, establish
principal office at some point on the line of its
road, and change the same at pleasure, giving
public notice in some newspaper, of such esz
or change.
SEC.{iS. Every company organized under
this act shall be required to erect, at all points
where their road shall cross any public road,
at sufficient elevation from such public road
to admit of the passage Of vehicIes.of every
kind, sign, with large and distinct letters
placed thereon, to give notice of the proxim-
ity of the railroad, and warn persons of the
necessity of looking out for the cars; and any
company neglectng or refusing to erect such
sign, shall be liable in damages for all injuries
to persons or property, from each
neglect or refusal; and each railroad compa-
ny shall be required2to fence its roads, with
good substantial wooden fence, under such
rules as the county commissioners of the sew
eral counties through which the same may
pass, shall prescribe. .,.
SEC. 10. That each and every railroad
Incorporated under this act, shall,
in the month of January, make a
full report of the condition of its affairs to the
Auditor of state, showing The amount of the
capital stock of such company, the gross
amount of tolls or receipts during the previ-
Dus year, the cost of repairs and incidental
the net amount of profits, and the
dividends made; with such other facts as may
be necessary to a full statement of the affairs
and condition Of such road; ahd the Auditor
shall annually present an abstract copy of such
report to the General Assembly.
Sec. 20. That whenever the line of any
railroad 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 commissioner
thereof, having charge of the public works
where such crossing is proposed, the plan of
the bridge, and other fixtures for crossing such
canal or navigable water, designating the place
of crossing, and it the said board, or acting
commissioner thereof, shall approve of such
plan, he shall notify such company, in wri-
ting, of such approval; but if the said board,
or acting commissioner, shall disapprose such
plan, or fail to approve such plan within
twenty days from the filing thereof, then it
shall be lawful for such company to apply to
kta< ~E ,,to md