The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1853-05-19
BY AUTHORITY.
CHAPTER X-.dN act TO incorporate the
Minnesota Western Rail Road Company.

the Territory Of Minnesota, Robert J. Walker
A. Hyatt Smith, Joseph b. Doe, Otis Hoyt. Ben
Iamin Allen, ii. NJ. Rice, Franklin Steele, So
crates Nelson. II. Z. Huyner, Martin Mcleod
Alexander WIlkin. NJ. S. Wilkinson and N
Greene Wilcox, together with such other person
as may n, reaiter become associated with then
IN the hummer hereinafter prescribed, their sue
cessors and assigns, are hereby created bod
corporate, by the name OF The Minnesota Western
Rairoad Company, and by that name shall b,
and are hereby made capable ia law to purchase
hold and cnjoy and retain to them and their sue
cessors, lands, tenements nd hered dta menis so fl
as may be necessary for the purpose Of said Rail.
road, and the rnle to sell, grant, rent, or in any
manner dispose Of, to contract and be contraci ed
with, to sue and be sued, implead and be i,nplead
ed, answer and be answered, defend and defend
ed, and also TO make, have and use common seal
the same 10 alter, break or renew at their pleasure
and II either OF the persons named in this section
shall die refuse, or neglect to execute the powers
and discharge the duties hereby created. it shall
be The duty OF the remaining persons hereinbefore
named, or ma jor,y OF them, to appoint suit
able person or persons, TO fill such vacancy, or
vacancies, so often as the same shall occur.
SEC. z. The said corporation are empowered
to cause such examination or surveys TO be made
as shall be necessary to ascertain the most advan-
tageous route whereupon to construct Railroad.
and shall cause an estimate TO he made of the
probable cost thereof. And The said corporation
shall be, and they are hereby invested with the
right to construct Railroad, with one or more
railways or Iacks, from some convenient point to
be selected on Lake SAINT Croix, or Saint Croix
river, thence running TO the town Of Saint Paul
and The Falls Of ST. Anthony on the Mississippi
river; thence across said river by The most feast
bic route to the western boundary of said Terri
a uch hall he
Pedient by said company. with branch to the
Red rlver 10 Il point 10 be selected on SAID river,
and also IA branch running TO point 10 be selec-
ted on the 1t. Louis river if deemed advisable
by said con- pany.
SEC. 3. The capital stock of said corporation
shall be Two Million of Dollars and shall be d-
vided int shares Of one hundred dollars each,
and five dollars on each share shall be paid at the
time Of subscribing
SEC. 4. The above named persons, or IL ma .
Jor'y oi them, are authorized to op,n books for
receiving subscriptions to The capital stock of said
company, aud shall prescribe the form of such
subscription. which books shall be opened at such
pnce or places as they may deem expedient, by
giving thirty days notice in some newspa per
printed IN the Territory Of Minnesota, and in such
other place or places as may be thought advlsa-
BILE, OF the time and place, or times and places,
OF opening said books 10 be kept open thirty
days.
SEC. 5. So soon as said stock, or one hum
dred thousand dollars thereof, shall have been
subscribed, The above named persons, or The same
number thereof as shall have given the notice
above required, shall give like notice for the
meeting of the stockholders, to choose directors
at some time at least thirty days thereafter, and
at some place within said Territory of Minnesota.
And if at such time and place the holders of one
h.,lE A. III
tend erher in person or by lawful proxy, they
shall proceed To choose from the Stockholders, by
ballot, nine directors, each share Of capa! stock
cntilInS the owner to one vote and at such cleo
ion the person med in the first section of his
Act, or those appointed by lis provisions to I'LL
vacancies which may have occurred, or any three
of them, If 30 more be present, shall be lnspec-
t,rs Of such election, and shall certify in writing
signed 10y them, or majority of them, wha; per-
elected directors, and if two or more hav We
an equal number of votes, such inspectors sha Il
determine by lot which of them shall be directors,
10 complete the number reqslIed, and shall cerl-
iy the same IN like manner; and such inspectors
shall appoint the time aud place of holding the
first meeting Of directors, ii: which meeting five
shall form board competent to transact all bu-
sine>s Of the company, aud thereafter new cleo
ton Of directors shall be made annually al such
time and places as ihe stockholders at their first
meeting shall appoint, and if the Stockholders at
their first meeting shall fail to appoint the day OF
such election then l. shall be holden in the sue
ceedlng year on the same day Of the same month
on WIN h SAID first election was holden unless
the same shall be on the irst day Of the week in
which case, it shall be holden on the day next
succeeding; and If no election be made on the
day appointed, said company sh II not be dis
solved, but said election may be made at any
time appointed by the b. laws Of said company
the said directors shall elect Of their number
President, ana shall appoint Secretary, Treas
urer, such Engineers and other officers they
may find necessary, shall fix their compensation
and may require adequate security for the per-
furmance of their respective trusts.
SEC 6. The directors may receive payment
TO the subscriptions TO the capital stock at such
time, in such proportion, not exceeding twenty
hve per cent. at any one inst illmeDt. under such
conditions as they shall deem fiji, under the pen
ally Of forfeiture Of all previous payments there
on, or otherwise Proridei, they shall never
require the payment 10 be made a, any place out
Of the counties throug which said road shall pass.
And such directors shall, AT least thirty DAYS pre-
vious to the appointed time Of such required pay
ment. give notice thereof in the manner required
in the fourth section Of this ac, for giving notice
Of the opening Of the books Of subscription for the
stock of said company
SEC. l. The directors Of said company shall
have power to make from time TO time all need
ful rules, regulations and by laws touching the
business Of said company, and to d. termine the
number Of tracks and railways upon such road,
and the width thereof and the description Of car
riages viii may be used thereon, to regulate
the amount Of tolls and the manner Of collecting
the same for sucl, ,ransportalon and TO fix penal
ties for the breach Of any such rules. regulations
or bylaws, and to direct the mode and condition
of transferring the stock Of said COZ pany, and
penalties provided for by the said bylaws may
be sued for by any person authorized thereby. in
the name of said company, and recover in civil
action before any court having Jurisdiction Of The
amount, and the said company may erect and
maintain toll houses and such other buildings and
fixtures as the accommodation Of those using said
road may require.
SEC. g. The said company may construct the
said Railroad across any public or private road,
highway, stream of water or water course, If the
same shall be necessary, but the said company
shall restore such road, highway. stream Of water
or water course TO its former state. or 10 a sufi-
cient manner not to impair its usefulness to the
owner or to the public.
Secs g. So soon as the amount Of tolls ac ccruing