Year: 1868

city where such conviction shall be had for a
term of not more than three months, or shall
be fined not exceeding five hundred dollars in
the discretion of the court


Sec. 1876. And be it enacted, That if the wires
or cords ofany telegraph line located or stretch
ed or extended from one post or pole to anoth-
er, in such manner as to prevent the owner of
any timber growing along the line of such tel
graph corporation from cutting and telling the
same, and the owner thereof in cutting or fell
ing such timber, shall injure the wires, cords
or posts of such telegraph line, he shall not be
liable to an action for damages unless it shall
appear that in such cutting and telling or in
having the same cut or felled, the said owner
wilfully and Intentionally injured such wires,
cords and posts.


Sec 1871. And be it enacted, That any cor
poraton formed under this article for manufac-
turing purposes may change or extend its bu-
siness to any other manufacturing business sub
ject to the provisions and liabilities in this ar
ticle prescribed, with reference to such corpo-
rations, and whenever any such corporations,
shall desire to change or enlarge its business it
shall take such steps and proceed In all respects
as in sections u, Is, IA and IS of this article,
provided, in reference to the increase or dlmin-
ution of the capital stock OF corporations and
if the assent of two-thirds of all the shares OF
stock in the said corporation shall be obtained
to the said proposed change in the manner set
forth in the said sections of this article, then
upon the making out and recording in the mani
ner therein directed, of a certificate showing a
compliance in all of the said provisions and
preliminaries, and setting forth the business to
which the business of said corporation has been
changed or enlarged then the business which
said corporation may carry on thenceforth shall
be that to which it has been thus changed or
enlarged, and the company shall be entitled to
all the privileges and provisions and be subject
to all the liabilities of this article.


Sec. I3S. And be it enacted, That no corpo-
ration formed under this article for any of the
purposes mentioned in classes 7, 8, and 10,
as hereinbefore designated shall hold more than
five hundred acres of land at any one time, nor
shall its capital stock exceed three million dol
lars, and the presence in person or by proxy, of
a majority in interest of the stockholders, shall
be necessary to form quorum for business at
any meeting of the stockholders or members.


Sec. 139. And be it enacted, That the presi-
ed in the last preceding section, shall be invest
ed with full power to locate and construct a
railroad or railroads, with necessary appurte-
nances, beginning the same at or near the
mines, manufactures or works of the said cor
poration, and running to any convenient point
or points, that may best suit the convenience
and interest of said corporation, and to use and
control the said railroad or railroads, and the
necessary vehicles and appurtenances thereunto
belonging.


Sec. 40. And be it enacted, That it shall
not be lawful for any corporation formed under
this article, to occupy any p0rf1on OF rne 1anus
that may be necessary for the accommodation
of the works of the Chesapeake and Ohio Canal
orr n r,,ai mfr Of ho Ra1tin0rp
and Ohio Railroad, or the works of any other
railroad chartered by this State, except to cross
said roads without injury to the same.


Sec. l41. And be it enacted, That the Legis-
lature may at any time regulate, modify or
change the CONTROL use and estate of any rail-
road constructed by such corporation, in such
manner, as it may deem equitable towards the
said corporation and necessary to the accom-
modation of the public travel or use of the said
railroad or railroads.


Sec. l42. And be it enacted, That no rail-
road constructed by such corporation shall pass
through the limits of any incorporated city or
town without the consent of the corporate au-
thorities thereof, nor through any dwelling
house, warehouse, stable, yad, garden, or Or
chard, without the written consent of the own
ers Of the same.


Sec 143. And be it enacted, That the Presi-
dent and Directors of any such corporation, or
majority of them, or any person authorized
by a majority of them, may agree with the
owner or owners of any land, earth, timber,
stone or other materials, which may be wanted
for the construction or repair of said railroad
or railroads, for the purchase or for the use and
occupation of the same, or may obtain such
land, earth or stone by condemnation.


Sec. IA. And be it enacted, That the citi-
zens of this State, or any corporation now or
hereafter to be incorporated under the authori-
ty of this article, shall have the right to con-
meet with the railroad or railroads hereby pro-
vided for any other railroad, if in the judgment
of any three of the county commissioners of
the county for the time being, passed upon
hearing of all parties interested, no injnry
would be done by such connection to the rail-
road of said corporation.


Sec. 145. And be it enacted, That any cor
poration authorized by section one hundred
and forty of this article, to construct the rail-
road therein mentioned, may charge any citi-
zen or corporation connected with its said rail-
road when using their own cars, rate not
exceeding two cents per ton per mile on all coal
or other articles that may be transported on
the railroads OF said corporation from any point
on said railroad to the Chesapeake and Ohio
Canal or to the Baltimore and Ohio Railroad
or other lines of canals and railroads; provid-
ed that the said corporation shall return the
empty cars of such citizens or corporation to
the point from whence they started, free of
charge.


Sec. LAG. And be it enacted, That no cars
shall be placed on any railroad of any corpora
ton as aforesaid, unless they be adapted in
size and all necessary particulars to said rail-
road in accordance with the regulations of the
said corporation, which shall always provide
the necessary motive power for running said
cars, and the said cars shall be in the exclusive
care and charge of said corporation whilst on
its railroad.


Sec. 147. And be it enacted, That no rail-
road built by any mining or other corporation
formed under this article shall be more than
ten miles in length.


Sec. 14S. And be it enacted, That every rail-
road constructed under the provisions of this
article shall provide all necessary means of and
transport all persons and property that may be
offered for transportation on its said railroad,
and in all cases other than those provided for
in section one hundred and forty-fve of this
article, or in all cases in which the said corpo-
ration furnishes the said cars and motive pow
er, and is subject to all the expenses of trans
portation, it shall be authorized to charge rates
not exceeding two and half cents per ton per
mile on all coal or other articles, and two cents
per mile for every passenger that may be trans
ported on said road.


Sec. 149. And be it enacted, That any rail-
road that may hereafter be constructed or pur-
chased by any corporation formed under this
article, shall be so located or used as to occupy
as little space at the passage through the gap
at Willis Mountain near Cumberland, as may
be compatible with the full and convenient use