pany may require it. They shall have power to extend branches from the point of commencement in said town of Louisiana, to any other part of said town; also to extend a branch or branches of said road into or through the town of Clinton in the same county. They shall also have full power and authority to make any other branches along said road, or at the termination thereof, as they may deem necessary, or the public convenience require. They shall have full power and authority to extend said road from the town of Columbia, or from some other point along said road, as they may deem best, to the town of Rocheport, in said county of Boone. § 8. In all cases where any person through whose lands said road or any branch thereof may run, shall refuse to relinquish the quantity aforesaid, or when no contract can be made with the owner thereof, either on account of the absence of such owner, or being an infant or of unsound mind, or a married woman, or from any other cause whatever, it shall be lawful for the company to give notice thereof to the Judge of the Circuit Court within which the lands lie; and it shall be the duty of the Judge thereupon to appoint three discreet disinterested men, citizens of the county, to examine and view said lands upon a day to be by said viewers designated; at least ten days' notice of the time of making said view shall be given to the owner of such lands if a resident of the county, if not a resident of the county, notice shall be served upon the tenant residing on the land, and if the owner is not a resident of the county, and no tenant is residing on the land, notice shall be given by an advertisement in some newspaper in or nearest to the county in which the lands lie. In the case of any lands belonging to any married woman, notice shall be served upon her husband; in the case of infants or persons of unsound mind, notice shall be served on the guardian of such infant or person of unsound mind; and where there is no guardian of such persons, the Judge shall appoint some suitable person to act in their behalf. § 9. The viewers appointed by this act shall severally before entering upon the duties of their appointment, take and subscribe an oath faithfully and impartially to discharge the duties of their appointment, and particularly to honestly assess the damages if any there are which the construction of the road will do to the lands of such owner, taking into their estimate the advantages as well as the disadvantages the said road may be to the same; it shall be the duty of said viewers to go upon said land and examine the same and report what damages if any will be done to said lands or any building or appurtenance thereon, which report shall be accompanied with a plat of the land viewed, and returned into the office of the Clerk of the Circuit Court of the county, and the Clerk shall file the same and enter judgment on the record of the court for the amount thereof, which shall be final and conclusive between the parties, unless they shall file in writing with the Clerk within five days after the making the view, their objections to the same; and whenever any objections shall be thus filed it shall be the duty of the Judge to examine the same as soon thereafter as may be, either in vacation or term time, and may hear testimony thereon; and if the Judge shall find the objections sufficient and legal, he shall order a review by three other viewers, who shall proceed in the same manner as is herein before provided, but not more than one review shall be granted to the same person; and if the Judge shall find said objections not to be just or sufficient, he shall direct judgment to be entered according to the report. In all cases the Clerk shall not enter judgment until the five days for filing objections shall have elapsed. § 10. All damages assessed by the viewers in the manner herein provided shall be paid to the owner or his legal representative; but if the owner shall be absent or have no representative entitled to receive the damages, the same shall be paid into the County Treasury, subject to the order of the owner. Whenever the Company shall file in the office of the Clerk of the Circuit Court the receipt of the person entitled to receive the same for the amount of the damages thus assessed, the fee simple interest, and title in the land mentioned in the report, shall pass and be vested in the said company, as fully and completely as if deeds of conveyance had been executed therefor; Provided, That in all cases, when the company shall have tendered to the owner of any lands, and before any proceedings are had as in the three last sections are provided, a sum, equal or greater than the damages assessed, and the same shall be refused, the party so refusing shall pay all costs attending the assessment of such damages. In all other cases the costs shall be paid by the company. § 11. The company shall have full power and authority to build said road along or across any State or county road, and the streets and wharves of any town or village, whether corporate or otherwise, and over any public stream or highway; but before such right shall vest in said company they shall apply to the County Court of the proper county for such right, and having filed in the office of the Recorder a plat of said road and the manner in which it is proposed to cross said roads or streets, or other public way, and if the County Court are satisfied that no great injury will be done to the public, they may by an order of said court give the right to said company to use the same for that purpose. Whenever any county or State road shall cross said railroad, it shall be the duty of the company to keep good and sufficient causeways for crossing the same, and whenever said railroad shall run. along any street or wharf, the same shall be so constructed as not to hinder or prevent the public from using the same. When any person shall own land lying on both sides of said road, said company shall, when required, make and keep in good repair one causeway for the use of the owner of said land and other persons. If § 12. The company shall commence the construction of said road within three years from the passage of this act, and may from time to time construct as much thereof as may be within the ability of the company, and shall complete the same within ten years from the time of commencement. said road shall not be completed within the time aforesaid, then and in that case all the rights, privileges and benefits granted or conferred by this act, shall be extended to and invested in said company to such part of said road as shall have been completed. § 13. It shall be lawful for said corporation to place on or prescribe the kind of carriages that may be used on said road, and by whom used, and whether propelled by steam or other power, for the transportation of passengers, goods, wares and merchandise of all kinds, and also all kinds of produce, lumber or other articles usually transported on such roads. For this purpose said company may construct said road with such turnouts, gates, bridges, culverts, toll houses, warehouses and other things or devices as may be considered necessary or to the interest of the company. All cars, carriages, or other vehicles for the conveyance of any of the things aforesaid on said road shall be subject to the direction of the company, and no person shall put any carriage or other vehicle for conveyance or transportation as aforesaid on said road, without the permission of said company. § 11. The company may charge and receive such tolls and freights for the transportation of persons, commodities or carriages on said road or any part thereof, or any bridge connected therewith, as shall be to the interest of the same. Such tolls shall be established by the Directors, and may from time to time be altered. They may charge tolls and freights on any part of the road that is in a sufficient state for traveling on, whether the rails be laid or not. The company shall at all times keep posted up in some conspicuous place at each toll house, a list of the rates of toll and freight. If the company shall at any time refuse, or fail to transport, within a reasonable time, any goods, wares, or merchandise, delivered at the proper place, the toll or freight whereon having been paid, or tendered to the company or their agent, they shall be liable to the party injured in double amount of such tolls or freight, besides private damages for the detention, to be recovered in any court of competent jurisdiction. § 15. Semi-annual dividends of so much prefits as the Directors may deem expedient, shall be made on such days as the Directors may determine, and paid to the stockholders as soon thereafter as can with convenience be done; but no dividend shall be made to a greater amount than the net profits after deducting all expenses. The Directors may reserve such portion of the profits as a contingent fund to meet subsequent expenditures, as they may deem proper. But no dividend shall be made of more than twenty per cent. per annum on the capital paid in. § 16. It shall be lawful for the County Courts of the respective counties on said road to subscribe for such portions of the stock of said company as they may deem proper, and upon such terms as they may agree with the company. When any county shall have subscribed for any portion of the stock, the Justices of the County Court may issue the notes of the county for such subscription, which shall be signed by all the Justices, and attested by the Clerk, and shall be payable in such times and places as may be agreed upon; Provided, Said notes shall not in any event bear a greater rate of interest than seven per cent. per annum. All proceedings in relation thereto shall be entered on the records of the court. § 17. When any stock shall have been subscribed for by the county, the Justices shall have a right to vote on behalf of the county at any election, and they may at any time require of the Directors information concerning the affairs of the company. § 18. At every annual election, the Directors shall lay before the stockholders present, an exhibit of the affairs and condition of the company. Any number of stockholders owning one-fifth of the stock subscribed, may call a meeting of the stockholders by giving at least two weeks' notice in two or more newspapers printed in the State, specifying the object of the call; and if a majority of the stockholders are present or represented, they may make such order, touching the concerns of the company, as a majority may determine; Provided, That said majority of stockholders must also embrace a majority of the shares subscribed. § 19. This State and the United States shall have the right, in time of war, to use said road in transportation of troops, or munitions of war, in preference to all other persons. § 20. When said road is located, the company shall cause a plat thereof to be made out and filed in the office of the Secretary of State, and the Legislature may at any time require a statement from the company, as to the progress of the work, the amount of business and the receipts thereon. § 21. Any person interested may at any time when he believes that this charter has been violated, make complaint, under oath, to any Circuit Court in which any part of said road lies, and thereupon said court may issue a scire facias, specifying particularly the violations complained of; and if, upon the trial thereof, by a jury or otherwise, said charter shall be found to have been violated, the court may appoint Trustees to take charge of the affairs of said company, and the charter privileges shall from that time cease. § 22. If said road, after its completion, shall be suffered to go into decay, or be impassable for the space of one year, unless when the same is repairing, this charter shall be taken and considered as forfeited. § 23. The company shall cause to be kept a fair record of the whole expense of making and repairing of said road, or any part thereof, with all incidental expenses, and also a fair account of the receipts from said road, and the State shall have the right, after the end of forty years, to purchase the stock in said road, by paying to the said company so much therefor as it shall be valued at by persons to be mutually chosen on the part of the State and the company. The books of said company shall, at all times, be open for the inspection of any agent of the State appointed by the General Assembly to inspect the same; Provided, also, That the State shall give at least four years notice to the company of her intention to purchase, prior to the time fixed for making the purchase. § 24. Whenever the aforesaid amount of one thousand shares are subscribed, all the powers, privileges, rights, immunities and benefits conferred, or intended to be conferred by this charter, shall be invested in the holders of said shares; and whenever any other portion of the capital stock is subscribed for, the same shall be vested in all subsequent subscribers. Every person who shall cease to be a shareholder, shall also cease to be a member of said company; and the stock of said company shall be exempt from all State and county taxes. § 25. If any person shall willfully and knowingly injure or obstruct said road, or any part thereof, or shall break, destroy or deface any work, edifice, device, toll house, warehouse or other thing belonging to said company, such person so offending shall upon conviction be adjudged guilty of a misdemeanor, and may be punished by fine not less than fifty dollars, or confinement in the State prison not less than six months, in the discretion of the jury; and if life be lost by such willful obstruction or hindrance, then such offending person shall be guilty of murder, and punished accordingly; such offending person shall also be liable to pay the company double damages for all injuries sustained by reason thereof. This act to take effect and be in force from and after its passage. AN ACT supplementary to an act entitled "An act to incorporate the Hannibal and St.. Joseph Railroad Company," approved February 16th, 1847. Be it enacted by the General Assembly of the State of Missouri, as: follows: § 1. The aforesaid company shall have four years from the passage of this act to commence the construction of said road, any law to the contrary notwithstanding. This act to take effect and be in force from and after its passage. AN ACT to amend an act entitled "An act to incorporate the Hannibal and St Joseph Railroad Company." § 1. County Courts of any county author- § 2. Company authorized to take materials 5. Company authorized to locate and construct railroad. 6. Subscriptions heretofore made in what 7. Palmyra made a point in said road. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. It shall be lawful for the County Court of any county to subscribe to the stock of the Hannibal and St. Joseph Railroad Company, and it may invest its funds in the stock of said company, and issue the bonds of such county to raise funds to pay the stock thus subscribed, and take proper steps to protect the interests and credit of the county. Any incorporated city, town or incorporated company may subscribe to the stock of said company, and it may invest its funds in the stock of said company and issue its bonds to raise funds to pay the stock thus subscribed; and such city, town or corporation may take proper steps to protect the interest and credit of such city, town or corporation. Such county, city, town or incorporated company may appoint an agent to represent its interests, give its vote, and receive its dividends. § 2. The said company shall have power by themselves or agents to enter and take from any land in the neighborhood of the line of this railroad, earth, gravel, stone, wood, water, or other materials necessary for the con struction and operation of said road; and for the purpose of procuring water for their uses may lay pipes, erect pumps, dams and reservoirs, and maintain and keep the same in repair, paying if the owner of said lands and the company can agree, the damages they shall do to said land or its appurtenances, or if they cannot agree, the damages shall be ascertained by any three impartial and disinterested freeholders, who being appointed for that purpose by any Justice of the Peace thereto required by either of the parties, shall be sworn by him, and shall then ascertain the compensation upon their own view of the grounds, and of the wood, earth, stone or gravel which may have been taken therefrom, and the injury done in taking them; Provided, however, That it shall be the duty of the party making the application to show the Justice of the Peace that ten days' previous notice of the time of making the same has been given to the other party, or to some one of them; and no award which may be given under any appointment without such notice shall be obligatory or binding on the other party; and either party |