Evening journal., 1899-03-20

the election Of one OF their number presi-
dent; they may also elect treasurer and a
secretary and adopt such bylaws az may
appear to be proper and right for the gov
eminent OF the corporation.
SECTION 1O9. That in case the capital
stock OF any company formed under this d
Act. Is found to be insufficient for con-
company may with the concurrence OF
two-thirds In amount OF all It's stock
holders Increase Its capital stock from
time TO time, TO any amount required for
the purpose Of constructing. maintaining
and operating its railway; such increase
shall be authorized under the provisions
which are contained In Section IS OF this
Act, In relation TO railroads, and in com
pliance with all the conditions and re-
quirements contained in said section In
relation thereto.
SECTION 10. That the stock Of every
company formed under this Act shall be
deemed personal estate and be transfer
dpie IN the manner prescribed by the by
be transferable until all previous calls
.hercon shall have been paid.
SECTION Ill. Whenever any corpora.
lion created under this Act for construct
ing, maintaining and operating a railway
cannot agree with the owner or owners
Of any land, sand. EARTH gravel or other
materials necessary to be taken and used i
in the construction of the said railway A
'or the purchase thereof, the said cOrpor-
alton may proceed for the condemnation
thereof in the manner provided for In
Section Is OF this Act, iTNrelatiOn to rail
roads, and when the damages ascertain
I'D therefor In the manner provided In
said section shall have been paid or de-
posited in the proper bank as therein
provided, the corporation shall become
entitled to have, hold, use and enjoy the
said lands and materials for the purposes
by them required, forever.
SECTION 1i2. That any railway con-
structed under the provisions Of this Act
shall not exceed forty feet in width, un-
less more land shall be required for the
slopes Of cuts and embankments, with
as many set of tracks and rails, as such
corporation may deem necessary. and IL
shall be lawful for such corporation. its
agents engineers superintendents, or
others in It's employ, to enter at all times
upon al lands or waters FOR the purpose
OF exploring, surveying, levcling and lay
ing out the route or routes of such rail
way, and Of locating the same, and all
necessary works, buildings. conventences
appurteialnces and apperdages thereof.
tolng no unnecessary injury to private or
other property; ard when the route or
routes OF such railway and the location
or locations Of all ether works, buildings,
convcnienccs, appurtenances and append
ages thereof, shall have been determined
upon and a survey Of any such route OF
| routes. location or locations deposited in
the office Of the Secretary OF State, then
I shall be lawful for every sucn corpora
don formed under this Act. upon pay
ment or tender OF such compensation as
hereinbefore provided. by its officers,
agents. engineers, superintendents, work.
men and other persons In their employ,
TO construct, maintain and operate a rail-
way with a single or double track. with
such side tracks turnouts, offices, sta
lions and depOts as they may deem neces-
sary at and between the points named in
| the articles OF association, CONNER cling
| at or within and extending to or into any
town, city or village named as the place
| OF terminus, and from time to time.
| either before or after completion OF the
main line construct, main tain and Cper-
ate branches within the limits Of any
'ounty through which said railway may
pass. lay rails, and for that purpose to
enter upon take possession Of hold,
have, use occupy and eXcavate any
iands and erect any embankments,
| bridges and all other necessary works,
and to do all other things which may be
| suitable for the completion, repairs or
/ management of said railway, and for the
| conveyance Of passengers and freight to
| and from the terminii thereof by motive
power other than steam provided al
/ ways that the payment or tender or pay
ment OF all damages for the occupancy
/ OF all lands through, under or upon which
| the said railway and its cOnveniences, ap-
| purtenances and appendages may be laid
| out or located be made before the said
| corporation, or any person under its di-
| rectiOn or employ shall enter upon or
| break ground in the premises. except for
/ the purpose of surveying and laying out
/ said railway and its cOnvcniences. appur-
tenances and appendages and OF locating
| the same, unless the consent Of the own
/ er or owners Of sucn lands be first had
| nd obtained and provided, further, that
/ the survey Of the route of any branch
/ shall not be filed in the Office of the Sec
4 retary OF State until the officers or direc-
/ tors OF the corporation shall have depos-
| tied with the State Treasurer a sum
auual to at least five hundred dollars for
Iar=a rF1IIn "a 4 "a
| any distance less than a mile, of such
| branch which it Is proposed TO construct,
and the said treasurer shall be custodian
OF such fund. and shall hold the same
| subject to be repaid TO the directors or
| treasurer OF such company in sums OF
1--WE hundred dollars for each mile and
proportionate sum for any distance Tess
| than mile Of such branch upon the
| construction Of which 1t shall be proved
to his satisfaction that such amount has
been expended; and provided further
| that the construction of all such branches
shall be commenced within six monthS
from the date Of filing the survey thereof
as aforesaid. and shall be completed and
opened within two years from me uate
cf commencement of the construction as
aforesaid.
SECTION 11s. 1t shall be the duty Of
] every railway corporation organized Nn-
der this Act, to construct and keep IN
repair good and sufficient bridges ana
PASSAGES over. under or across the sald
B |
lie or other road, street or avenue now
| or hereafter laid out shall cross the same.
80 that public travel on the said road
! shall not be impeded thereby; and Il IS
further provided, that such bridges sha,i
he of such width and character, as shall
be suitable to the locality In which the
| same are situated and also where the
| said railway shall intersect any farm OF
.ands OF any individual, to provide ana
keep In repair suitable and convenient
wagon ways over, under or across the
said railway, and shall also construct ana
maintain suitable and proper cattle
| guards al all road crossings; provided
= always, that in case amy such railway
, | shall cross any street or streets, high-
] way or highways, in any city or ineor-
porated town II shall be either above OF
I below the grade OF said street or streets
I highway or highways, at such distance
as shall not interfere with the free ana
!, uninterrupted use OF such street OF
8 streets highway or highways; provided
, further that the Council Of any city o!
the Commissioners Of any incorporate
I sown. or other persons having authorlty
! or control over said highways and streets
Q re espectively may grant permission 10 salu
G eorpcration to cross such street OF
j. utree4e highway or highways, within tnt