of this State; with a view that the same may hereafter [be] continued northwardly into the State of Iowa, in the direction of Fort Desmoines, in that State, and for that purpose may hold a strip of land not exceeding one hundred feet in width, with as many set of tracks as the said President and Directors may deem necessary; Provided, That in passing hills or valleys, the said company are authorized to extend said width in order to effect said object; and may also hold sufficient land for erection of depots, warehouses and water stations, and may extend branch railroads to any point in any of the counties through which said road may be located. Said company shall also have full power to survey, mark out, locate, construct and continue said railroad from the city of St. Charles, to any point in the city of St. Louis; and for that purpose may hold a strip of land not exceeding one hundred feet in width, with as many sets of tracks as the said President and Directors may deem necessary, and said company are authorized to extend said width in all cases when it shall be necessary, in passing hills or valleys, and where it may be necessary for turnouts, embankments or excavations, and hold a sufficient width for the preservation of their road, and may also hold sufficient land for the erection and maintenance of depots, landing places or wharves, engine houses, offices, machine shops, warehouses and wood and water stations; and the said company may also construct lateral or branch railroads to any point. § 10. Section thirteen of the said act to incorporate the North Missouri Railroad Company, is hereby amended so as to read as follows: Sec. 13. Dividends of so much of the profits of said company, as shall appear advisable to the Directors, shall be declared semi-annually, and be paid to the stockholders or their legal representatives, on application at the office of said company, at any time after the expiration of ten days from the time of declaring the same; but the dividends shall in no case exceed the amount of net profit actually acquired by the company, so that the capital stock shall never be impaired thereby; and if the said Directors shall make any dividend which shall impair the capital stock of the company, the Directors consenting thereto shall be liable, in their individual capacities, to the company for the amount of capital stock so divided, and each Director present when such dividend shall be declared, shall be considered as consenting thereto, unless he immediately enter his protest on the minutes of the Board, and give public notice to the stockholders of the declaring of such dividends. § 11. The said corporation shall make an annual report to the Secretary of State, of the operations of the year ending on the first day of December, which report shall be verified by the oaths of the Treasurer and acting Superintendent of operations, and filed in the office of the Secretary of State, by the third Mcnday of December in each year, and shall state, First, the capital stock and the amount actually paid in; Second, the amount expended for the purchase of land for the construction of the road, for buildings, and for engines and cars respectively; Third, the amount and nature of its indebtedness, and the amount due the corporation; Fourth, the amount received for the transportation of passengers, of the mails, of property, and from all other sources; Fifth, the amount of freight, specifying the quantity in tons, of the products of the forest, of animals, of vegetable food, other agricultural products, manufactures, merchandise, and other articles; Sixth, the amount paid out for repairs ; Seventh, the number and amount of dividends, and when made; Eighth, the number of engine houses and shops, of engines and cars, and their character; Ninth, the number of miles run by passenger, freight and other trains respectively; Tenth, the number of men employed, and their occupation; Eleventh, the number of persons injured in life or limb, and the cause of such injuries; Twelfth, whether any accidents have arisen from carelessness or negligence of any person in the employment of the corporation, and whether such person is retained in the service of the corporation. § 12. If any passenger refuse to pay his fare or toll, it shall be lawful for the conductor of the train and the other servants of the corporation, to put him out of the cars at any usual stopping place the conductor shall select. § 13. In forming a passenger train, baggage or freight or merchandise or lumber cars shall not be placed in the rear of passenger cars, and if they or any of them shall be so placed and any accident shall happen to life or limb, the officer or agent who so directed or knowingly suffered such arrangement, and the conductor and engineer of the train, shall each and all be held guilty of intentionally causing the injury, and punished accordingly. § 14. A steam whistle shall be placed on each locomotive engine, and be sounded at the distance of at least forty rods from the place where the railroad shall cross any road or street, and be kept sounding until it shall have crossed such road or street, and the said company shall be liable for all damages which shall be sustained by any person, by reason of neglect thereof. § 15. If any person shall, while in charge of a locomotive engine running upon the railroad of said company, or while acting as the conductor of a car train on said railroad, be intoxicated, he shall be deemed guilty of a misdemeanor. § 16. Section nineteenth is hereby amended so as to read as follows: Sec. 19. If any person shall willfully do or cause to be done any act or acts whatsoever, whereby any building, construction or work of said company, or any engine, machine or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons so offending shall be deemed guilty of a misdemeanor, and shall forfeit and pay to the said company treble the amount of damage sustained by means of such offense. § 17. If any person shall willfully or maliciously place any obstruction upon the line of said railroad, whereby the lives of passengers thereon shall be endangered, such person or persons so offending, shall be guilty of a misdemeanor, and shall be punishable by imprisonment in the county jail, not less than three months, or in the penitentiary for a time not more than five years; Provided, That nothing herein contained shall prevent the company from pursuing any other proper civil remedy at law in such cases. § 18. The power of condemning land for right of way, granted by the ninth and tenth sections of the original act of incorporation, shall be corstrued to include necessary lands required for depots, engine and wood houses, machine shops, water stations, stopping stages and turnouts. § 19. Elias B. Martin, John A. Woolfolk, and George L. Adams, of Lincoln county; John A. Snell and William G. Moore, of Monroe county; William S. Thatcher and J. B. Adison, of Schuyler county; Samuel A. Young, James M. Gordon, James S. Rollins, and Stephen Wilhite, of Boone county; William H. Bailey, of Callaway county; J. B. Morris, of Audrain county; E. Draper and Peter Carr, of Pike county; Samuel Woods, of Ralls county; William Carson and Joshua Gentry, of Marion county; Isaac Sturgeon, Lewis Bissell, John O'Fallon, James Clemens, John D. Coalter, and B. Gratz Brown, of St. Louis county, are hereby constituted additional corporators in said North Missouri Railroad Company. § 20. The said company shall commence the construction of said railroad within three years after the passage of this act, and may from time to time, construct so much thereof as may be in the ability of the company, and shall complete the same as far north as Schuyler county within eight years from the passage of this act. sage. 21. This act shall take effect and be in force from and after its pas Approved January 7, A. D. 1853. AN ACT amendatory of an act entitled "An act to incorporate the North Missouri Railroad Company," approved March 3, 1851. § 1. Lands for use of said railroad, how condemned. pointed; on proper tender, authority to construct given to the company. 2. Plat to be filed and judgment rendered; | § 3. This act not to affect proceedings when other Commissioners are appending for right of way. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. If any owner of any tract of land through which said railroad will pass shall refuse to relinquish the right of way, in whole or in part, for said road to said company, or if the owners be infants, or persons of unsound mind, or non-residents of the State, the facts of the case shall be specifically stated to the Judge of the Circuit Court, or any Judge of the County Court of the county in which such lands, or a part thereof, are situated, and said Judge shall appoint three disinterested citizens of the county to view said lauds, who shall take into consideration the value of the land, or of such part thereof as shall not have been relinquished (and the advantages and disadvantages of the road to the tract or lot of which the same forms a part), and shall report, under oath, what damages will be due on account of said land, or any improvements thereon, stating the amount of the damages assessed; and shall return a plat of the land thus condemned. Notice of such application to said Judge shall be given to the owner of such land five days before the making of the application, if such cwner resides in this State, or to his guardian; and if such owner be a nonresident of this State, he may be served with actual notice, or by advertisement for four weeks in some public newspaper. No petition shall be presented to a Judge of the County Court in any case when the Judge of the proper Circuit Court is known to be within the limits of the county in which the application is made. § 2. The persons appointed to view and value such land shall file their report and plat in the office of the Clerk of the Circuit Court of the county in which the land, or a part thereof, is situated; and if no valid objection be made to said report, the court shall render judgment in favor of such owner, against such company, for the amount of damages assessed; and shall make an order, vesting in said company the right of way for said road across or over the land in such plat and report described. Objections to such report must be filed within ten days after the same shall be filed, and notice given to said owner or guardian of the filing of the same, which objections shall be examined by said Judge, in term time or vacation; and he may hear testimony, and, by judgment, confirm said report, or may set the same aside, and appoint three other viewers, who shall proceed in the same manner, and make their report, until a report is confirmed; Provided, In order that the progress of the work may not be impeded, that if, at any time after proceedings shall have been commenced under the foregoing provisions, the company shall deposit with the Clerk of the Circuit Court into which the case is returnable, the lowest sum which shall have been demanded of the company by the land owner, in compensation of right of way, subject to the order of said land owner or guardian, as an equivalent for said land, or shall make a tender thereof to said land owner or guardian; or if, after the said reviewers have filed their report and plat in the office as aforesaid, the company shall make a tender of the amount of damages assessed to the person or persons, or shall deposit the same with the Clerk of the Circuit Court aforesaid, the said company shall thereupon be authorized in the construction of the work as fully as though no disagreement had arisen. In all such cases the court shall adjudge the costs of the proceedings according to equity, and the said court shall have power to make such orders and take such steps as will promote the ends of justice between the owners of said land and said company. Cases arising under the foregoing provisions may be taken to the Supreme Court, by appeal, or writ of error, in like manner and in like effect as in other cases in courts of law, under existing regulations. § 3. Nothing in this act, or the act to which this is amendatory, shall be construed so as to deprive the Railroad Company of the right to discontinue or dismiss any proceedings, having for its [their] object the condemnation of real estate for the purpose of said road, at any time before final judgment. This section shall apply as well to cases now pending as to those to be hereafter commenced. This act to take effect and be in force from and after its passage. AN ACT amending the Charter of the North Missouri Railroad Company. § i. North Missouri Railroad Company authorized to keep a ferry across the Missouri river. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. The North Missouri Railroad Company is authorized to establish and maintain a ferry across the Missouri river, for the transaction of its own and general business; Provided, however, That said company shall pay the license now required by law for ferrying, should it use this privilege for any other than its own business. This act to be in force from its passage. ST. LOUIS AND IRON MOUNTAIN RAILROAD COMPANY. AN ACT INCORPORATING, AND ALL ACTS AMENDATORY THEREOF. AN ACT to incorporate the St. Louis and Iron Mountain Railroad Company. § 1. Company incorporated; capital stock; | § general powers. 2. Board of Directors constituted; books to be opened. 3. Road where surveyed and located; power of extension; stock may be increased. 4. take stock Other companies may 5. A certain act revived and made part 6. Construction of road, when commenced; company when to organize. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. A company is hereby incorporated to be called the St. Louis and. Iron Mountain Railroad Company, the capital stock of which shall be six millions of dollars, to be divided into shares of one hundred dollars each, the holders of which, their successors or assigns, shall constitute and be a body corporate and politic by the name and style aforesaid, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, defend and be defended, in all courts and places whatsoever, may make and use a common seal, and the same to alter and renew at pleasure, shall be able in law and equity to make and enforce all kinds of contracts, may take, hold, use, possess and enjoy the fee simple, or any other title or estate,. in any lands, tenements or hereditaments, and the same to sell and dispose of at pleasure, may make such by-laws, rules and regulations as may be necessary or proper for carrying into effect the provisions and true intent and meaning of this act, not repugnant to the constitution of the United States or of this State. |