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

writing. Of such approval; but if the said
board, or acting commissioner, shall dis
approve such plan, or fail to approve the
same within twenty days from the fling
thereof, then it shall be lawful for such |
company to apply to the court Of common
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, said court or
Judge shall, upon good cause shown ap-
point competent disnterested engineer,
not residen, of any county through
which said road passes, to examine such
crossing, and prescribe the plan and con-
dition thereof, so as not to impede naviga-
ton; and such engineer shall. within TWEEN
ty days from his appointment, make his
return to the court of common pleas Of the
county where such crossing is TO be made,
subject to exception by either patty; and
thereupon the court shall, at the next term
after the filing of said return, proceed to
examine the same, and unless good cause
is shown, shall approve and confirm the
same; and such order Of confirmation shall
be sufficient authority for the erection. use
and occupancy Of such bridge, in accor-
dance with such plan; Provided, that no
railroad company shall be authorized to
construct any permanent bridge over any
canal Of this State, which shall be less
than ten ieet in the clear above the top wa
ter line Of said canal; and the piers and
abuments Of such bridge shall be placed
so as not in any manner TO contract the
width of tbs canal, or interfere with free
passage on 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 constructed. so as to ad-
nit the passage Of burden or passenger
cars over any two or more Of such roads
continuously, without break or Interrupt
ton, such companies are hereby authori-
zed to consolidate themselves into sim
gle corporation, in the manner following:
|. The directors of said two or more
corporations may enter into an agreement,
under the corporate seal Of each, for the
consolidation of the said two or more corr
porations, prescribing the terms and con-
ditions thereof; the mode Of carrying the
same into effect: the name of the new COR
poration; the number of the directors
thereof, which shall not exceed thirteen;
the time and place Of holding the first elec-
ton Of directors; the number OF shares of
capital stock in the new corporations; the
the amount Of each share; the manner Of
converting the shares of capital stock OF
each of said two or more corporations
into shares in such new corporations; the
manner OF compensating stockholders in
each of said two or more corporations
who refuse to convert their stock into the
stock of such new corporation; with such
other details as they shall deem necessary
to perfect such consolidation of said corpo-
rations; and such new corporation shall
possess all the powers, rights and fran
chises, conferred upon such said two or
more corporations; and shall be subject
lto] all the restrictions, and perform all the
duties. imposed by the provisions Of this
act; Provided, that all stockholders in eth
or OF such corporations who shall refuse
to convert their stock into the stock OF such
new corporation, shall he paid at least pal
value for each of the shares so held by
them, if they shall require, previous TO said
consolidation being consummated.
IL. Such agreement of the directors
shall not be deemed to be the agreemen
OF the said two or more corporations, unit
after it has been submitted 10 the stockhold
ers of each Of said corporations. separate
ly, at a meeting thereof; to be called upol
notice of ut least thirty days; specifying
the time and place Of such meeting, ant
the object thereof, to be addressed to eac
of such stockholders, when their place q
residence is known, and deposited in tn
post office, and published for at least ihre
successive weeks in one newspaper in a
least one Of the cities or towns in whic
each of said corporations has its principe
office OF business, and has been sanction
ed by such stockholders. by the vote OF d
least two.thirds III amount OF The stock
holders present at such meeting, voting b
ballot. in regard to such agreement eit,e
in person or by proxy. each share OF cap
ital stock being entitled to one vote; all
when such agreement Of the directors ha
been so sanctioned by each OF the mee
,iugs OF the stockholders separately, att
being submitted 10 such meetings in tn
manner above mentioned. then such agree
s,nent OF the directors shall be deemed to
the agreement OF the said two or more col
porations.
SEC. GO. Upon making the agreemer
mentioned in the preceding section, in tn
manner required therein, and filing d,
piicate or counterpart thereofin the offic
of the Secretary Of State. the said two c
more corporations mentioned or reierre
ITO in the said first section, shall be merge
lin the new corporation provided for
such agreement. to be known by the co
porate name therein mentioned; and th
details OF such agreement shall be carrie
LII