may have been donated to the company. All the provisions of this act relative to the first location, and to acquiring title to land, shall apply to every such new or altered portion of the route. § 25. Whenever the track of a railroad, constructed by a company formed under this act, shall cross a railroad, a highway, turnpike or plank road, the same may be carried under or over the track, as may be found most expedient; and in case where an embankment or cutting shall make a change in the line of such highway, turnpike or plank road, desirable, with a view to a more convenient, safe or economical crossing at the railroad, the said company may take such additional lands for the construction of such road, highway, turnpike or plank road, on such new line, as may be deemed requisite by the Directors, unless the land so taken shall be purchased for the purposes aforesaid. Compensation therefor shall be ascertained in the manner prescribed in this act for acquiring title to real estate, and duly made by said corporation to the owners and persons interested in such lands. The same, when so taken, shall become part of such intersecting highway, turnpike or plank road, in such manner and by such tenure as the adjacent parts of the same highway, turnpike or plank road may be held for highway pnrposes. § 26. The right of way is hereby granted to any railroad company through any unimproved land belonging to this State, through which their railroad may pass; and in case any more land belonging this State shall be required for the purpose of any railroad corporation than is needed for the track of the road, and in case any improved land belonging to the State shall be necessary for the purposes of any railroad corporation, the Secretary of State shall have power to grant to any railroad company any land belonging to this State which may be required for the purposes of their road, on such terms as may be agreed on between said Secretary of State and said company; or such company may acquire title thereto, by appraisal, as in the case of lands owned by individuals; and if any land belonging to a county, city or town, is required by any company for the purposes of their road, the county or city or town officers having the charge of such land, may grant such land to such company, on such terms as may be agreed upon, or the land may be appraised in the manner aforesaid. §27. In case any title or interest in real estate required by any company formed under this act, for the purpose of its incorporation, shall be vested in any Trustee not authorized to sell, release and convey the same, or in any infant, idiot or person of unsound mind, the Circuit Court shall have power, by a summary proceeding on petition, to authorize and empower such Trustee, or the court having probate jurisdiction, or the special guardian of such infant, idiot or person of unsound mind, to sell and convey the same to such company, for the purposes of its incorporation, on such terms as may be just; and in case any such infant, idiot or person of unsound mind, is not in charge of any court or guardian, the said court may appoint a special guardian for the purpose of making such sale, release or conveyance, and may require such security from such special guardian as said court may deem proper. But before any conveyance or release authorized by this section. shall be executed, the terms on which the same is to be executed shall be reported to the court, on oath; and if the court is satisfied that such terms are just to the parties interested in such real estate, the court shall confirm the report, and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner of said land, having legal power to sell and convey the same. § 28. The guage of track, or width between the rails, of all railroads in this State, shall be five feet and six inches. § 29. Every corporation formed under this act shall, in addition to the powers hereinbefore conferred, have power: First, To cause such examination and survey for its proposed railroad to be made, as may be necessary to the selection of the most advantageous route; and for such purpose, by its officers, agents or servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages which shall be done thereto. Second, To take and hold such voluntary grants of real estate and other property as shall be made to it to aid in the construction, maintenance and accommodation of its railroad; but the real estate received by voluntary grant shall be held and used for the purposes of such grant only. Third, To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the object of its incorporation. Fourth, To lay out its road, not exceeding one hundred feet in width, and to construct the same; and, for the purposes of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road, and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor, as provided in this act, for lands taken for the use of the company. Fifth, To construct its road across, along, or upon any stream of water, water-course, street, highway, plank-road, turnpike or canal, which the route of its road shall intersect or touch; but the company shall restore the stream, water-course, street, highway, plank-road and turnpike, thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness. Nothing in this act contained shall be construed to authorize the erection of any bridge, or any other obstruction, across or over any stream navigated by steamboats, at the place where any bridge or other obstructions may be proposed to be placed, so as to prevent the navigation of such stream, nor to authorize the construction of any railroad not already located in, upon or across any street in any city, without the assent of the corporation of said city. Sixth, To cross, intersect, join and unite its railroad with any other railroad before constructed, at any point in its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings and switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is or shall be hereafter intersected by any new railroad shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determired by Commissioners, to be appointed by the court, as is provided in the act in respect to acquiring title to real estate. Seventh, To take and convey persons and property on their railroad, by the power or force of steam or of animals, or by any mechanical power, and to receive compensation therefor. Eighth, To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery, for the accommodation and use of their passengers, freights and business. Ninth, To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor. Tenth, From time to time, to borrow such sums of money as may be necessary for completing and finishing, or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company, for the purposes aforesaid; and the Directors of the company may confer on any holder of any bond issued for money borrowed, as aforesaid, the right to convert the principal due or owing thereon, into stock of said company, at any time, not exceeding ten years from the date of the bond, under such regulations as the Directors may see fit to adopt. § 30. It shall be lawful for the County Court of any county, and the City Council of any city, to subscribe to the capital stock of any railroad company duly organized under this or any other act in this State; and the County Court or City Council subscribing, or proposing to subscribe, to such capital stock, may, for information, cause an election to be held, to ascertain the sense of the tax payers of such county or such city as to such subscription, and as to whether the same shall be paid by issues of county or city bonds, as the case may be, or by taxation. § 31. Upon the making of such subscription by any County Court or city, as provided for in the previous section, such county or city shall thereupon become, like other subscribers to such stock, entitled to the privileges granted, and subject to the liabilities imposed, by this act, or by the charter of the company in which such subscription shall be made. And, in order to raise funds to pay the installments which may be called for, from time to time, by the Board of Directors of such railroad, it shall be the duty of the County Court or City Council making such subscription, to issue their bonds, or levy a special tax, upon all property and taxables made taxable by law for State and county purposes, and upon the actual capital that all merchants and grocers may have invested in business, in the county or city, to pay such installments, to be kept apart from other funds, and appropriated to no other purpose than the payment of such subscription; but the total amount of tax levied for railroad purposes in any one year, in any county or city, shall not exceed thirty per centum of the subscription made by such county or city; and in case a subscription be made to the capital stock of the same railroad company by a county, and, also, by a city situated within such county, the special tax aforesaid shall not be levied in both such county and city, but the tax levied for such county subscription shall be levied outside of the limits of such city; and, for the purpose of levying and collecting the tax aforesaid, the same books may be used as employed by the Assessor of taxes for State or county purposes, and the last previous assessment for those purposes shall be taken. § 32. For all such taxes levied and collected for railroad purposes, the County Court or the City Council, as the case may be, shall cause to be issued and delivered to the persons paying such special tax, a certificate for the amounts thereof paid; and such certificate shall state the county or city in which, and the railroad for which, the tax was collected, and shall be transferable by the holders thereof, and convertible into stock of such railroad, whenever presented in amounts equal to one or more entire shares of the stock of such railroad, to such proper officer of such County Court or City Council as shall be designated by such court or council, by transfer to be made by such officer, in conformity with the by-laws of the railroad company. And when such transfer is made, said company shall issue a certificate of stock to the person entitled thereto, or his legal representatives, for the number of full shares thus transferred; Provided, That no such certificate of stock shall issue upon such transfer, unless the full amount of the par value thereon shall have first been paid to the railroad company, by the County Court or City Council; And provided further, That the total amount of stock certificates so to be issued shall not exceed the amount of the subscription made by such county or city; and in case any of the tax payers in any county or city in which a railroad tax shall be levied, shall have subscribed, in good faith, to the capital stock of any railroad to which the county or city shall have subscribed, the same shall be entitled to a credit or deduction on the amounts assessed upon them respectively, in proportion to the amounts of their bona fide subscriptions, until the aggregate amount of such credits or deductions shall be equal to the amount of their subscriptions respectively, but thereafter such subscribers shall be liable to the tax aforesaid, as other persons. The assessment, collection, and payment of the taxes authorized by this section shall be provided for and enforced as any other taxes for county or highway purposes, and the County Court or City Council may require additional security from the Collector. And for any of the objects contemplated by this section, the County Court of any county, or the City Council of any city interested, may appoint and empower an agent to represent the county or city, subscribe or transfer its stock, give its vote and receive its dividends, if any, and such agent to change at pleasure. § 33. Any county subscribing for railroad stock which shall have internal improvement funds, or overflowed or swamp lands, granted to it by the State, may apply such funds, or mortgage or sell such overflowed or swamp lands, to pay such subscription, or any part thereof, and provide for the remainder, if any, by the tax, as aforesaid; and any county or city subscribing as aforesaid, may (if so required by the railroad company to raise funds to pay the installments in anticipation of the collection and payment of its railroad tax,) issue the bonds of such city or county, of denominations not exceeding one thousand dollars, and bearing interest at a rate not exceeding seven per cent. per annum. § 34. Any County Court or city, which has heretofore subscribed to the capital stock of any railroad in this State, shall be entitied to the privileges and subject to the liabilities of other stockholders in such company, and the County Court or City Council shall have all the rights and powers to provide funds to pay such subscription as are granted to County Courts and cities by this act, and may levy a special tax to pay the interest on their bonds, or to provide a sinking fund to pay the principal. § 35. Any County Court refusing to perform any of the duties required of it by this act, may be proceeded against by writ of mandamus, to be issued out of the Criminal Court for the county so refusing. § 36. Every Conductor, Baggage Master, Engineer, Brakeman, or other servant of any railroad corporation employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and the initial letters of the style of the corporation by which he is employed. No Conductor or Collector, without such badge, shall be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the powers of his office; and no officer or servant, without such badge, shall have authority to meddle or interfere with any passenger, his baggage, or property. § 37. If any agent, Treasurer, Paymaster, Conductor, or other person to whose possession or custody any of the moneys of any railroad company may come, shall convert any of such moneys to his own use, he shall be deemed guilty of embezzlement, and shall be punished in the same manner and to the same extent as if he had stolen the amount so embezzled; and a neglect or refusal to pay over such moneys, upon demand, shall be deemed prima facie evidence of his having embezzled the same. § 38. All existing railroad corporations shall be exempt from the jurisdiction of Justices' courts, except as in this act and in their own charters provided. § 39. Every railroad corporation formed under this act, shall make an annual report to the Secretary of State, of the operations of the year ending the thirtieth of November; which report shall be verified by the oath of the Treasurer or President, and acting superintendent of operation, and be filed in the office of the Secretary of State, by the twentieth day of December in each year, and shall state: First, The amount of capital as by charter; Second, The amount of stock subscribed; Third, The amount paid in as by last report; Fourth, Total amount now of capital stock paid in ; Fifth, The funded debt by last report; Sixth, The total amount now of funded debt; Seventh, The floating debt as by last report; Eighth, The amount now of floating debt; Ninth, The total amount now of funded and floating debt; Tenth, The average rate per annum of interest on funded debt, costs of road and equipment; Eleventh, For graduation and masonry by last report; Twelfth, The total amount now expended for the same; Fourteenth, The total amount now expended for the same; Fifteenth, The amount for superstructure, including iron, by last report; Sixteenth, The amount now expended for the same; Seventeenth, For passenger and freight stations, building and fixtures, by last report; Eighteenth, Total amount now expended for the same; Nineteenth, For engine and car houses, machine shops and machinery, and fixtures, by last report; Twentieth, Total amount now expended for the same; Twenty-first, For land, land damages, and fences, by last report; Twenty-eighth, Total amount now expended for the same; |