The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-10-15


Of the corporation, not exceeding /,
authorized capital stock, at rate Of in
terest not exceeding seven per cent pc
annum, and may execute bonds or pro
|missory notes therefor, in sunni Of nc
less than one hundred dollars; and /
secure the payment thereof, may pledg
the property and income Of such com
panys
Sec. Is. Such company may ucquir
by purchase or gift, any lands IN the vi
ciniiy Of said road, OF through which Ih
same may pass, SO far as may be deeme,
convenient or necessary BY said compan,
TO secure the right Of way, or such q
may be granted 10 aid in the construction
OF such road, and the same 10 hold o
convey, in such manner es the directors
may prescribe; and all deeds and con.
yeyances made by such company, shal
be signed by the president, under III,
seal Of the corporation; and any existing
railroad corporation may accept tbe pro
visions of this act, and after such accep-
tance, all conflicting provisions Of thei
respective charters shall be null ant
VOID.
Sec. l6. Il shall be lawful for sucl
corporation, whenever il may be necess-
ary, in the construction Of such road, 10
cross any road or stream of wafer, to di
vert the same from its present location Of
bed, lut said corporation shall, without
unnecessary delay, place such road ol
stream in such condition as not TO i'm.
pair its former usefulness.
Sec. IL. Such corporation shall, as
soon as convenient after its organization.
establish principal Office at rome
point on the line Of its road, and change
the same at pleasure, giving public no.
tice in some newspaper Of such estab-
lisbment 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 rond to admit Of the
free passage Of vehicles ofeyery kind, a
sign, with largo and distinct letters placed
thereon, 10 give notice Of the proximity
Of tho railroad, and warn persons Of the
necessity Of looking out for the cars;
and any company reglecting or refusing
10 erec, sign, shall be liable in DANA
ges for all injuries occurring 10 persons
or property from each neglect OF refusal;
and each railroad company shall be re-
quired TO fence IFS roads, with good
substantial wooden fence, under such
rules as the county commissioners Of the
several counties through which the same
may pass, shall prescribe.
Sec. 10. That each and every rail-
road company, incorporated under this
act, shall, annually, in the month Of ia.
nuary, make full report Of the condi-
ton Of It's affairs, 10 the Auditor Of State,
showing the amount Of the capital stock
Of such company, the gross amount Of
tolls or receipts during the previous year,
the cost Of repairs and incidental ex-
penses, the net amount ofprofiis, and the
dividends made; with such other facts as
may be necessary TO full statement OF
The affairs and condition OF such road;
and the Auditor shall annually present
m abstract copy of such report 10 the
General Assembly.
Sec. 20. That whenever the line of
any railroad company now existing, OF
which may hereafter organize under this
nct, shall cross any canal, or any naviga-
BILE water, the said company shall file
with the aboard Of Public Works." or
with the acting commissioner thereof,
having charge Of the public works where
such crossing is proposed, the plan Of
he bridge, and other fixtures for crossing
such canal or nayigable wafer, designa-
ing The place Of crossing; and If the
,uid board, or acting commissioner there
i, shall approve Of such plan, he shall
lofty such company, in writing, Of such
Ipproval; butif the said board, or acting
commissioner, shall disapprove such plan,
u fail 10 approve the same within twenty
lays from the filing thereof, then i! shall
'e lawful for such company to apply to
he court Of common pleas, or any Judge
hereof, in vacation, and upon reasona-
lie notice being given 10 the members
f the board Of public works, or said &C.
ing commissioner, said court or Judge
hall, upon good cause shown. appoint
dis;nterested engineer, resi-
ent Of any county through which said
BAD passes, TO examine such crossing,
nd prescribe The plan and condition
lereof, SO as not 10 impede navigation
nd such engineer shall, within twenty i
Ays from bs appointment, make his re-. Ii
I'm TO the cour! Of common pleas of
'e county where such crossing is TO be
ade, subject to exception by either par I
!; and ihereupon the court shall, at the {
ext term after the filing Of said return, {
'oceed 10 examine The same, and un-
ss good cause is shown, shall approve 1
I'd confirm the same; and such order OF s
,p6rmaiion shall he sufficient authority 4
7 the erection, use and occupancy of[t
lch bridge, IN accordance with such
an; Provided, that no railroad company I
Iall be authorized 10 construct any per- a
anenf hridon nvar arv n,r,l rc .L:, n