The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-06-10

Va ~ - 49,
State of Ohio passed May /, 1852, be
SO amended as to read as follows: Sec.
IL. Ifit shall be necessary in the loca-
tion of any part of any railroad, to oc-
cupy any road, street, alley or public
way, or ground of any kind, or any part
thereof, it shall be competens for she
municipal or other corporation or public
officer, or public authorities, owning or
having in charge thereof, and the rail-
road company to agree upon the manner,
and upon the terms and conditions upon
which the same may be used or occupi-
ed, and ifsaid parties shall be unable to
agree thereon, and it shall be necessary
in the Judgment of the directors of such
railroad to use or occupy such road,
street, alley or other public way or
ground may appropriate so much of the
same as may be necessary for the pur-
poses of such road, in the some manner
and upon the same terms as is provided
for the appropriation of the property of
individuals by the tenth section of this
act; Provided, that every railroad COM
pany laying down any such track or
tracks, upon any such public street, road,
alley, OF other public ground, shall be
responsible for injuries done to private
property by sach location, lying upon,
or near to such public ground, which
may be recovered by civil action brought
by the owner or owners, at any time
within two years from the completion
of such track or tracks before the
proper court.
SEQ. 2 Any railroad company here
tofre formed, or hereafter to be formed,
either under q general or special law,
that shall be desirous to construct a
second additional trock or to increase
its machinery or rolling stock, depots,
or other fixtures necessary for the
speedy and convenient transaction of its
lawful business, and shall for any such
purpose find it necessaryito increase its
capital stock, may, by the vote of the
majority of the existing capital stock
represented in o mseting of the stock
holders, called for that purpose 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 the time of its Formations;
Provided, a certificate, setting forth the
amount of such increase, the voto by
which the same was ordered, Fand the
total amount Of the capital stock of
such company, after adding such in
crease to its previous capital, signed by
the president aud secretary of the COM
pany, shall be deposited in the Office
of the secretary of state, before the
capital shall be held TO be so increased.
Sec. 5. That thu directors Of any
railroad company heretofore, to here
after organized under the act to which
this is supplementary, that shall have
expended in the construction of its road
ten per cent, of it's authorized capital,
and Shall have obtained actual bona ide
| subscription TO its capital stock, to the
amount of at least twenty per cent
thereof, shall be, and it is hereafter au-
thorized thereafter to receive subscrip-
tions to their capital stock, payable in
such instruments dependent upon the
completion of the whole or any part of
its road, SO that cars may pass over the
same as its directors may deem expedi.
ent, and, upon full payment theroalley,
public way or opening two or more tracks
Of the same guage, through any city or
incorporated village, it shall and may
be competent for city or town council of
said city or Incorporated village to re-
quire said railroad companies to US said
railroad track in common, of, to issue
such stock; Provided, however, that 10
subscriber the stock hereby authorized
shall be entitled to any of the privileges
of as tockholder until his subscription is
fully paid, nor shall he, for any purpose,
be deemed a stakeholder until the hap
pening of the contingency, upon which
the instalments on his subscription are
made dependent.
Sec. 4. When two or more railroad
companies heretofore formed or here
after to be formed under a general or
special law, have laid down OF shall
hereafter lay down in the same
street, and to pass their locomotive and
cars over each Of said tracks only in one
direction.
See. 5. When the track of any such
railroad company crosses the track of
the same gauge Of any other railroad
company, either company shall have tho
right to convert the tracks of the two
railroads 80 crossing: so as to admit ofthe
passage of cars from the one road to
the other with facility, so as to avoid
tHO bSS9SSAby OhohShoS oato
shipping freights.
SEC. 6. When the tracks of two
such RAILROADS csoss each other at o com:
mon grade, the crossings shall be made
and kept up, and watchmen maintained
at the joint expenco of the two compa-
MES owning said tracks, shall come to a
stop within six hundred feet of such
crossings, and not cross, until signaled
SO to do by the Waterman, nor until the
way issclear. And when two passenger,
or two freight trains como up at the
same time, She train on the road first
built shall have precedence, provided
they are both main tracks over which all
passenzor and freights from said road
are transported, hut if one only is such
main track and the other is a side or
depot track, then the train on the main
track shall take precedence. But if
they be a passenger and freight train,
then the passenger train shall take pre-
cedence.
Sec. 7. When the tracks ofany two
such railroad companies connect as afore-
said it shall be the duty of either CON-
pany when required to transport over
their road to its destination on their road
any freights offered, in the cars in
which it is offered, at their locel rates
per mile, as set forth in said company's
freight traiff, for b edistance most nearly
corresponding and to return the cars
with OF without freight unnecessary de-
lay; Provided that nothing in this SEQ
ton shall be so construed as to require
railroad company to move upon its road
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