The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-07-02
LAWS OF OHIO.
PCBLIsHEp pY AUrHe~frt.

No. i2f AN ACT
To amend an act .uttled ian act to provide f'r
the creation aud regulation OF Incorporated /
Companies In the State Of Ohio" passed May l. !
1852 aud to regulate Railroad Companies. r
sEo. !. Be 1t enacted by the General Assembly
ef the State Of Ohio, That the twelfth section OF
Che act entitled an act to provide for the creation
and regulation Of incorporated companses in the
State Of Ohio" passed May l, 1859, be so amend
ed as to read follows: Sec. IL. Ii IT shall be
necessary 10 the loc iton of any part of any rail
road, TO occupy any road, street, alley or public
highway, or ground Of any kind, or any part
thereof, it shall be competent for the municipal or
other corporation public officer, or public au.
thorities, owning having in cha ge thereof, aud
the railroad company TO agree upon the manner, I
and upon the terms and conditions upon which |
the same may be used occupied; and il said
parties shall be unable to ;ree thereon, and it
shall be nece 1sary in the Judgment Of the drec
tors OF such railroad company to use occupy
such road, street, alley or other public way orI
ground, such company may al prcprate 20 much
OF the same as may be necessary 70 the purposes
oil such road, in the same manner and upon the
same terms as is provided for the appropriation OF
OF the property of individuals by the 10th section
of this act; Provided, that every railroad company
laying down any such track or track, upon any
such public eet, road. alley, or other public
ground, shall be responsible for injuries done to
private property by sIch location lying uron or
near to such public ground, whi h ma, be recov-
cred by civil action brought by tn owner own
ers, at any time within two years from the com
pletion of such tract tracts, Fefore the proper
court.
Sec ,. Any railroad company heretofore form
ed, oil hereafter to be formed, either under geu-
eral or special law, that shall be desirOus to con.
struct second or additional track or to increase
ITS machinery or rolling stock depots other
fixtures necessary for the speedy and convenient
transaction of its lawful business, aud shall for
any such purpose find it necessary to nrrea.e its
capital stock. may by the vote OF the maj nritv of
mil nj Oh. IL
ing OF the stockholders, called for hat rpose
on due notice, increase its capital stock TO any
amount not exceeding twice the amount limited
by its charter or assumed by the company at th
time OF itsformation; Provided, a certificate, set
Ting forth the amount of such increase. the vote
by which the same was ordered, aud the total
amount of the capital stock of such conpauy
alter adding such increase TO its previous capital
signed by the president and secretary of the com
pany, shall be deposited in the office of the secre
tary of state, before the capital shall be held be
so increased.
Sec 3. hat the directors Of any railroad com
Pany heretofore, or hereafter organized under the
act to which this is supplementary thri ii tll ave
expended in the construction its roa1 10 per cent
OF It's authorized capital. and shall have obaued
acf1al bona fde subscription to its capt. stock
70 tne amount OF at least twent, per cent thereof
shall be, and it is heres fter authorized tbereaf
70 receive subscriptions their capital took pay
able in such installmentS dependent upon the
completion of the whole or any part of is rad so
that cars may pass over the same as its directors
may deem expedient. and. upon full pay menr
tnere alley, public way or opening, two or mort
tracks OF the same guage, through anv city or
incorporated village, it shall and may be compe
tent ior the city or town council Of said city O.
Incorporated village to require said railroad com
?anies to use said railroad track in common 'r
issue such stock, Provided, h wever that no sub.
scrioer to the stock hereby authorized, shall be
entitled to any Of the privileges of stockholder
until MS subscription is fully paid. nor shall he
ior any purpose, be deemed stakeholder until
the happening of the contingency upon which
the instalments on his subscription are made de-
pendent.
Sec. q. When two or more railroad companies
heretofore formed or hereafter to be- formed under
general or special law. have laid down shall
hereaiter lay down in the same street, and pass
their locomotives and cars over each of said trac
only in one direction
Sec. D. When the track of any such railroad
company crosses the track of the same gauge OF
any other railroad company, either company shall
have the right to convert the tracks OF the two
raroads SO crossing. so to sdmit of the passage
oil cars from the one road to the other with faci-
W. so as to avoid the nececessit of changing cars
or transhipping freghts.
Sec. 6. When the tracks of two such raiIro. dc
cross each other at a common grade the CROSSINGS
shaiI be made and kept up, and watch NJ Ii main.
tHlhed at the Joint expense of the two companies
owning said tracts, and all trains passing over
said tracts. shall come to a stop within six hun.
ured ieet OF such crossings, and not cross, until
signaled SO to do by the watchman, nor until the
way is clear. And when two passenger, or two
irelght trains come up at the same time the train
on the road first built shall have precedence pro-
Vided they are both main tracks over which all
passengers and freights from said road are trans
ported, but II one only is such main track and the
other is side or depot track, then the train Or
the main track shall take precedence. But if.thev
oe PASSENGER and freight ain, then the passen,
ger uain shall take precedence.
oec' Z. When the tracks of any two such rail
roau companies connect as aforesaid it shall be
the duty OF either company when required 10
transport over their road to its destination on their
road any freights off. red in the cars in which il
Is offered. at their local rates per mile as set forth
in said comP2ny's freight tariff, for the distance
most nearly correspond ng and to return the cars
with or without freigh without unnecessary lie
lay Provided, that nothing in this section shall
be SO construed as to require any railroad com iany
to move upon its road any cars which do not con.
form in brea th of gauge and in other respects TO
It's own cars, nor any that are not substantially
built and in good repair-nor to use its machinery
IN moving the cars of another company to the
"olect OF suspension of its regular or usual bu.i
ness
Sec. s. This act shall take effect at the time
Of its passage
n II. VAN WORRIES
Speaker Ofthe House of Representatives.
THOMAS II FORD.
President of the Senate.