Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-05-27

alirlony has been heretofore fled, and
ruled against the petitioner and the case
removed in good faith. by appeal or by
ti.in. a transcript; in the Disllict Court tc
ed.ct an appeal. aud remains uad. ciled
as 10 cases be!caiier 20 be commenced.
N. Il. VAN WORRIES.
Speaker OF the House Of representatives
! THOS. H. FORD.
President Of he Senate.
Columbus, April ., 1857.
! no l27 AN ACT
10 aniend the act entitled "an act q
provide ior the crea,ior, and regulation
Of Incorporated Companies in the Safe
o. OHIO" passed. May /. 1852. aud 10
regulate Rail Road Comptnie.
SECTION l. Be- it enacted Dy tie Gener-
al Assembly OF the State of Ohio, That
ihe twelfth section IT line act entitled "ar
act TO provide Tor the creation and regu'
lation OF Incorporated companies in the
State OF Ohio" passed May L., 1852. be
50 amended as to read as follow: SEC
l2 If il shall be necessary in the loca-
lion OF any part OF anY railroad, 10 occI-
Py any road. street, alley or pubic way
or sronqd OF any kind, or any par, there
of, lt shall be competent ier the muoici-
pal or other corporation or pubic officer,
ur public authorities, owning or hayns,
in charge thereof. aud lae railroad COM
pany to agree upon The manner, and up
on The terms and conditions upon which
the same may be used OF occupied; and
ii said parties shall be unai,le 10 agree
thereon, aud it shall De necess Iry in the
! judgment of The directors Of such railroad
company TO Use or occupy such read,
street, alley or o!Lcr public way or
ground, such company may appropriate
50 much Of the same as may be necessa-
ry for he purposes Of such road, in The
same manner, and upon The same terms
as is provided for the appropriation oi
The properly OF individuals by The tenth
section of this act. Provided, that every
railroad company laying down any such
track or tracks, upon any such public
street. road, alley, or other public ground
shall he responsible for injuries done TO
private properly by such location. J. ing
upon. or near to such public ground
wlic!i may ..e recovered by c.yii action
brought by tie owner or owners, a. any
time within Lwo years from the completion
OF such track or tracks, before the proper
Court.
SEC e. Any railroad company here
toforr formed. or hereafter 20 be formed
either uGder general or special law,
thal shall be desiIous TO construct a sec
ond or additional track, or 10 ine ease its
machinery or rolling stock. depots or 9th
er fixtures necessary for the speedy and
convenient transaction If its Ia awful busi
ness, and shall Tor any such purpose find
il necessary to increase its capital stock,
may, by the vote of The mJ orIiy Of the
cxis'ing capital stock represented in "a
meeting OF the stockholders, called for
ina, purpose on due notice. increase lis
ptai stock 10 any amount not ext eed
ing twice the amour. limited by i,s char-
;er or assumed by the company at the
time Of its formation; Provided, cer;fi-
Gale, setting forth The amount of such ill.,
clease, the vote bv which the same was
ordered, and the Total amount OF Tie cap
tai stock OF such company. after adding
such Increase Ia It's pre- viJus capital. sign
ed by the president and secretary OF Iae
company. small be deposited in tie Office
of tie secretary of stale. before the cap
iiai shal, be held To be So increased.
SEC. , Tina; the directors of any rail
roae compiuv heretofore. OF hereafter or
ganized under Tie act to which this is
supplementary, that shall have expended
in the construction Of lis road ten per cent
fits authorized capital. and shall have
eb;aiTed actual bona fde subscription To-
lis capital stock, TO the amount Of at leas;
twenty per cent thereof, shaA be, aud il
is hereafter authorized thereafter to le-
ceiye subscriptions 10 their capital stock,
payable in such insialmeats depend cut
upon the completion of The whole or aay
part OF its oad, SO that cars may pass
over the same as is directors may deem
expedien and upon full payment thereof.
alley, public way or opening. two or more
tracks Of :he same guage, through any
city or incorporated village, it shall and
may BE- competent for the city or town
council of said city or Incorporated Will
age TO require sail railroad companies TO
use said railroad track in common 10
issue such stock; Provided. however, that
no subscriber to the stock hereby author
lied, shall be entitled to any OF the priv
iieges of stokhc.der uatl his subscrip-
ton is fully piid. nor shall he. for any
purpose, be deemed a s!ockholIer until
the happening of the contingency. upon
which the iGstalments on his subscription
are made dependent.
Sec 4. When Two or more railroad .
heretofore formed or hereafter
to be formed under a general or special .
law, have laid down or shall hereafter
lay down in the same street, and to pass /
their locomotives and cars over each of I
ssid tracks only in one direction.
SEC 5. When the track of any such
railroad company crosses the track Of the
same guage Of any ether railroad compa-
ny, either company shall have the right
10 convert the tracks OF the two railroads
so crossing, SO as 10 admit of the passage
of cars from the one road 10 the other
with facility. so as 10 avoid the necessity
Ofchanging cars or transbipping lreighls.
SEC. 6. When the tracks OF two such
railroads cross each other at common
grade, the crossings shall be made and
kept up, and walchmen maintained at the
joint expense Of tho Two companies own
ing said tracks, ard all trains passing
over said tracks, shall come TO stop
within SIX hundred feet Of such crossings.
and not cross. uniil sisra'cd so 10 10 by
lie waichman, nor until the way is clear.
Add when two passenger. or two freight