The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-06-09

plurality Of votes shall be necessary for
choice; but after the first election of
directors, no person shall vote on any
share on which any instalment is due
and unpaid. The persons named in such
certificate, or such of them as may be
present, shall be inspectors of such cleo
ton, and shall certify what persons are
elected directors, and appoint the time
and place for holding their first meeting;
a majority of said directors shall form
board and be competent to fill vacancies
in their board, make bylaws, and trans
act all business of the corporation new
election shall be annually held for direc-
tors, at such time and place as the stock
holders, at their first meeting, shall de-
termine, or as the bylaws of the corpora
ton may require; and the directors cho-
sen at any election, shall, so soon there
after as may be convenient, choose one of
their number to be president, and shall ap-
point secretary and treasurer of the cor
poration. The directors, before entering
on their duties, shall each take an oath or
affirmation, faithfully to discharge his du
ties, and they shall, from time to time,
make such dividends of the profits Of said
company, as they may think proper.
Sec. 10. Such corporation is author
lied to enter upon any land for the pur-
pose of examining and surveying its rail
road line, and may appropriate so much
thereof as may be necessary for its rail
road, including necessary side tracks, de-
pots and work shops, and water stations,
materials for construction, except timber,
a right of way over adjacent lands, sulfi-
cicnt to enable such company to construct
and repair its road, and right to con-
duct water by aqueducts, and the right
Of making proper drains; but no appro-
priation of private property to the use of
any corporation provided fol- in this act,
shall be made, until full compensation
therefor be first made, in money, or first
secured by deposit of money, to the own
er or owners, irrespective of any benefit
from ary improvement proposed by such
corporation, as shall be prescribed by
law.
SEC, H. That whenever any railroad
company heretofore incorporated, or which
may hereafter be incorporated, shall find
it necessary, for the purpose of avoiding
annoyance to public travel, or dangerous
OF difficult curves or grades, or unsafe or
unsubstantial grounds or foundations, or
for other reasonable causes, to change
the location or grade of any portions of
their roa& whether heretofore made or
hereafter to be made, such railroad com
panies shall be and are hereby authorized
TO make such changes of grade and loca
ton not departing from the general route
prescribed in the certificate Of such COM
pany; and for the purpose of making any
such change in the location and grades of
any such road, as aforesaid such compa-
ny shall have all the rights, powers and
privileges, to enter upon and take and ap-
propriae such lands, and make surveys
necessary to effect such changes or grades,
upon the same terms, and be subject to
the same obligations, rules and reguIa-
tions, as are prescribed by law, and shall
also be liable, in damages, when any have
been caused by such change, to the own
er or owners of the land upon which such
road was heretofore constructed, to be as
certained and paid or deposited as afore-
said; but no damages shall be allowed,
unless claimed within thirty days after
actual notice of such intended change,
shall be given 10 such over or owners, if
residing on the premises, or notice by
publication in some newspaper in general
circulation, in the county, if nonresident.
SEC. 10. If it shall be necessary, in
the location of any part of any railroad,
to occupy any road, street, alley, or pub
lie way, or ground of any kind, or any
part thereof, it shall be competent for the
municipal or other corporation or public
officer, or public authorities, owning or
having charge thereof, and the railroad
company, 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
thereon, and it shall be necessary, in the
Judgment of the directors Of such railroad
company, to use or occupy such road,
street. alley, OF other public way or ground
such company may appropriate so much
of the same as may be necessary for the
purposes of such road, in the same man
ncr, and upon the same terms, as is pro-
vided for the appropriation of the proper
ty of individuals, by the tenth section Of
this act.
Sec. 13. Such corporation may de-
mand and receive for the transportation
of passengers on said road, not exceeding
three cents per mile, and for the transpor-
tation Of property, notexceedlng five cents
per ton per mile, when the same is trans
ported distance of thirty miles or more;
and in case the same is transported for
less distance than thirty miles, such rea-
sonable rate 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 upon the credit
Of the corporation, not exceeding its au-
thorized capital stock. at a rate Of interest
not exceeding seven per cent. per annum,
and may execute bonds or promissory
notes therefor, in sums not less than one
hundred dollars, and to secure the pay
ment thereof, may pledge the property
and income of such company.
oec' 10. Such company may acquire,
by purchase or gift, any lands in the Vi
nifty 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; aad all deeds and conveyances
made by such company, shall be signed