Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-21

SEC; 9 An act entitled an act to provide for
the sale of certain lands granted by Congress to
the state of Ohio, passed February %, 1880, apd
also section four of an act to provide for the in
crelS OF the Canal fund by the purchase and
sale OF real estate, passed February 7.1s26, be,
and the same are hereby repealed.
SEC. 10. This act shall take effect from and
after its passage.
Speaker of the House of Repres sentative
THOMAS H. FORD,
President of the Senate.
No. 1877, AN ACT.
70 amend the act entitled can act to provide
for the creation and regulation Of Incorpo-
rated Companies in the State of Ohio,'
passed May |, 1852, and to regulate Rail
Road Companies.
SECTION /. Be it enacted by the General
Assembly of the State of Ohio, That the
twelfth section of the act entitled can act to
provide for the creation aHd regulation of ir-
corpolated companies in the State of Ohio"
passed May l, 1852, be so amended as 10 real
as follows: SIC. ;. If it shall be necessary.
in the location of any part OF any railroad, 10
occupy any road, street, alley or public 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 author
tiles, owning OF having in charge thereof, and
the railroad company 20 agree upon the man.
ner, and upon the terms and conditions upon
which the same may be used or occupied: and
If said parties shall be unable 10 agree there
on, and shall be necessary in the judgment OF
the directors of such r3ilroad company TO use
or occupy such rond, street, alley or other pub
lie way or ground, such company may appro-
pirate SO much of the same as may be neces-
Sary Tor The purposes of such road, in the same
manner, snd upon he same terms as is provi-
bed for the appropriation of the, property of
individuals by The tenth section Of this act;
Provided, that every railroad company laying
down any such track or tracks, u pom any pub
lie street, road, alley, or other pubic ground,
shall be responsible for injuries done to pri-
vate property by such location, lying upon, or
near to such public ground, which may be re-
covered by civilization Brought by the owner
or owners, at any time within two years from
The complexion OF such track or tracks, be-
fore the proper court.
SEC. 2. Amy railroad company heretofore
formed, or hereafter TO be formed, either un
der a general CT special law, that shall be
DESTROYS TO construct a second or additional
rack, or 10 lccrelSe its machinery or rolling
stock, deposits or other fixtures necesSar y for
The speedy an! convenient transaction OF It's
lawful business, 20 increase its capital stock,
may, by the vote o. the majority Of the eX!S-
ting capital stock represented in meeting Of
the stockhclcer called for tina. purpose on
dine notice, increased its capital stock TO any
amount not exceeding twice the amount limi-
ted by lis charter or assumed by the company
: 'HE tI'HS UI us IUItIIdIiOl; IIONiuru, CSElD
cate, setting forth the amount ofSuch increase
the vote by which The same was o.d cred. dna
the total amount of The capital stock of such
COMPANY after adding auch increase to lis
previous caPItol, signed by the president and
secretary Of the company shall be deposited
III the Office Of the Secretary OF State, before
the capital shall be held to be SO increased.
SEC. 3. That the directors of any roiiroad
company heretofore, or hereafter orglnized
under the act 20 which this is Supplementary,
that shall have expended in the Construction
1t It's rOad Ten per cent. of its authorized
capital, and shall have obtained actual bona
fde subscription 10 its capital ock, 10 The
amount of al least twenty per CEN. thereof,
shall be, and II Is hereafter authorized there
after 10 receive subscriptions 10 theiI capital
stock. payable i'll such InStalmentS dependent
upon The comp elton Of tie whole or amy par;
Of lis road so that cars may pass over the same
as lis directors may deem expedIent, and, upon
fall payment there alley, public way or open
ing, two or more tracks Of the same guage,
through any city CT incorporated village, 10
require SAID railroad companies 10 use said
railroad track in conm1n of, 10 issue such
stock Provided. however, that n subscriber
TO the stock hereby authorized, shall be en-
titled to any of the privileges of a StocEhOl er
until his subscription is fully paid, nor shall.
he, for any purpose, be deemed a stockholder
until tile happening OF the contingency, upon
which the instruments on his subscription arr
made dependent.
SEC. 4. When two or more railroad com
plnies heretofore formed or hereafter to be
formed under a general or special Inv, h We
laid down or shal Il hereafter lay down in the
same street, and 10 pass their locomotives and
cars oveIeach Of said tracks only in one dlrec-
ton.
SEC. ). When the track of any such rail-
road com?lny crosses tae track of the same
guage Of any other rljlroI1 c)m2pny, either
company SHALL have the right to convert the
tracks OF the THO railroads SO Cr1SSlnT, so as to
admit of the passage OF cars from the ole rold TO
the other with ia AGILITY, Sd As t. avoid inc necess-
'ty Of changing cars o. trIns;i:pp:ng freigats.
SEC q. When tire tracks Of two such rail-
roads cross each other at Il common grade. the
crossings shall be made and Kept UP, and watch
men maintained ut the joint expense Of the two
companies owning said tracks, and all trains
passing over said track, shall; come TO q stop
within SIX hundred feet OF such crossings. and
not cross, until s.gnllcd so to do by the watch
man, nor until the way is clear. And when two
passenger, OF two freight trains come up at the
<lme time. the train Of the rod first built shall
have precedence, provided they are both min
tracks orer which all passengers and freightS
from id road are tran 'portcd, bat If one Only
is S:ch nll;n track and the Other is a ST ie or de-
pot track, theu the train on the main track shall
take rrccaIeure. Bat If they b. a passenger
and 'reiEnt train, then the passenger train shA!l
l.. Ike precedence.
SIC. 7. Whcl the tracks If anrtwo su5h rail
ro.i companies connect - aforesaid It shall be
iNs duty ~ either cnnptuy when required TO
transport o'cF Their road ~ Its dGstln tt;ph on
Their road anv IRE CATS u ?etel, in the cas- IN
winch il is ofe:el. at their local rites per mile,
a. st forth IN sai:! company freight tariff, for
Ii, d:.tauce most nearly corrcSpoa ling and 70
return tlc car, with or without freight Without
unnecessary delay Provided that nothing in
thi, section shall be 50 construed as u require
any rt;'rnii company to move upon its road any
cars which DO not conform in breadth o. gItgo
and - other respects TO its own cars. nor any
:i.l re rot sub s~tantialiy built and IN good replir
-ior 70 use it, machinery in moving the ears
j. another ronp.uy to the neglect sus?en@oa
oF.ts r~crt,.r ~ usual bI+iaass.
SIC. ). Th.-@ct hall ta%e eject az the ;';a1
Y. Il. VAE WORRIES.
speaker o. the Ha1~- Of Representatives.
THOMAS II. FORD.
re lent 81 tay Senate,
Apri!I5 1s57.