Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-01-23

corporation with the necessary turuouts
s sidings and switches, and other convenience
Q in furtherance of the objects of its counec
tions. Aud every corporation whoet
. railroad is or shall he hereafter
interested By any new railroad
railroad in forming such intersections and
connections and grant the facilities afore.
said; and if the two corporations cannot
be made therefor or the points and manner
Of such crossings aud connections, the same
shall be ascertalned and determined in the
manner provided by law for the ascertain
ment and determination Of damages for the
taxing Of real property. But no corpor-
alton which shall have obtained the right
of way and constructed its road at the point
Of intersection before the application for the
appointment of commissioners may be IN ade,
shall he required to alter the grade or
change the location of its road, or be requir-
ed to bear any part of the expense of max
ing and maintaining such crossing.
Z. To take and convey persons or pro.
perry over their railroad by the power or
force of steam or of animals, or by any me-
chanical power, and to receive compensa.
ton therefor, and to do all the business in.
cident to railroad companies.
8. To erect and maintain all necessary
and convenient buildings, stations, fixtures
and machinery for the accommodation and
use of their passengers, freights and business
subject to the statutes in relation thereto.
8. To regulate the time and manner in
which passengers and property shall be
transported, and the compensation to be
paid therefor.
10. To borrow from time to time such
sums of money, at such rates Of interest, and
upon such terms as the corporation or board
of directors shall agree upon and authorize
as necessary or expedient, and to execute
trust deeds or mortgages, or both, as occas-
ion may require on any railroads or parts
thereof, constructed or in process of con-
struction for amounts borrowed or owing
by the corporation and therein to make
provision, granting, transferring or mort
gaging their railroad track, right of way,
depot grounds, rights, privileges, franchises,
immunities, exemptions, machine houses.
rolling stock, furniture, tools, implements,
appendages and appur,enances used in con-
%nection with such railroads in any manner
whatever then belonging to the corporation,
or which may thereafter belong to it, as Sc
curity for any bonds or evidences of debt
therein mentioned, in such manner as the
corporation or directors shall think proper
and such instruments shall fully convey the
same or 20 much thereof as shall be de-
scribea, In case Of sale Ly virtue Of any
such trust deed or upon foreclosure of any
such mortgage, the persons acquiring title
under such sale and their associates, sue
cessors and assigns, or such corporation as
they shall organize according to section one,
with all the power conferred upon corpor.
atoms by this act, shall thereafter have, ex-
ercise and enjoy all such described grants
which were purchased at such sale, includ.
ing all rights, privileges, grants, franchises,
%immunities and advantages mentioned i'll
instruments which were possessed by such
, corporation making the same or contracting
I such debts, 20 far as the same relate or ap
pertain to that portion or line of road grant
ed or mortgaged and purchased at such sale
, and no further, as fully and absolutely il
all respects as such corporation, its share
holders, officers and agents might have don,
if such sale had not taken place. Ant
: whenever the person so acquiring title un
2 der any such sale shall own or represent
majority in amount Of the bonds or o:hel
evidences of debt secured by any such trus
the persons who owned at the time
Va u EolV lAdIUIllf lu
amount of the capital stock of such mortga.
gor corporation, such purchasers and such
corporation as they shall organize as afore,
said, shall also have, possess and enjoy any
exemption privilege or immunity previous.
ly granted by any law to such former corpo.
ration relating to any of the property so &C.
quired to the same extent as if such latter
corporation had been named in such law as
the grantee thereof.
Sec. IL. Any railroad corporation may
under the provisions of this chapter, extend
its road from any point named in its charter
or articles of organization, or may build
branch roads either from any point on itt
line of road or from any point on the line
of any other road connecting or to be con.
nected with its road, the use Of which other
road between such points and the connection
with its own road such corporation shall
have secured by lease or agreement for q
term of not less than ten years from it's date,
Before making such extension or building
any such branch road, such corporation
shall, by resolution of its directors, to be en-
tered in the record of its proceedings. des.
ignate the route of such proposed extension
or branch in the manner provided in section
one, and file a copy of such record, certified
by the president and secretary, in the Office
Of the secretary of the territory, and cause
the same to be recorded as provided in
section one T%hereupon such corporation
shall have all the rights and privileges to
make such extension or build such branch
and receive such aid thereto which it would
have had if it had been authorized in its
charter Or articles of organization. But this
section shall not be construed to authorize
any railroad corporations to consolidate
with each other.
Sec. IL. The board of directors of every
railroad corporation may, by a vote of two
thirds of the whole number, at any time
alter the route or any portion of the route
of their road, or any extension or branch
thereof, or any part of their road, or any
extension or branch as constructed, if it
shall appear to them that the line can be
improved thereby but no railroad shall be
80 diverted from any county, town, city or
village which in its corporate capacity shall
have extended aid to such road either while
in the hands of the then present owner or
any former person or corporation ; and no
such alteration shall be made in anv civ or