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three disinterested freeholders of the county, who shall appoint a time and place to hear the applicant and the company; to whom shall be given by said freeholders reasonable notice of said time and place, and said freeholders shall, after being sworn and after due hearing of the parties, determine the amount of compensation, if any, to which the applicant may be entitled, and make return of their award to the next succeeding term of said Court; and said award, if not rejected by said Court for sufficient cause then shown, shall be entered up as the judgment of said court. In determining the question of compensation, said freeholders shall be governed by the actual value of the land at the time it was taken, taking into consideration the benefit or injury done to the other lands and property of the owner, by the establishment of said railway, and if the amount of compensation awarded by said freeholders shall not exceed the amount offered by said company to the owner, prior to said application to the Court, the applicant shall pay the cost of the proceedings, otherwise the company shall pay the same.
Sec. 9. It shall be the duty of said company, whenever any State or county road, now by law established, shall be crossed by the track of said railway, to make and keep in repair good and sufficient causeways at such crossings, and in all cases where any person shall own lands on both sides of said railway, and there shall be no other convenient access from one part to the other, such owner shall have the right of passage, free of costs, at all reasonable times across the track of said railway.
Sec. 10. This company is hereby required at all reasonable times, and for a reasonable compensation, to draw over their road the passengers, merchandize and cars of any other railroad corporation, which has been or may hereafter be authorized by the Legislature to enter with their railroad and connect with the railroad of this company; and if the respective companies shall be unable to agree upon the compensation aforesaid, it shall be the duty of the President of each company to select each one man as a commissioner, and the two commissioners so selected shall choose a third, in case of disagreement, neither of whom shall be a stockholder in either road, or interested therein, and they shall fix the rates, which shall not be changed for one year from the time of going into effect. The said commissioners shall also fix the stated periods at which said cars are to be drawn as aforesaid, having reference to the convenience and interests of said corporations, and the public who shall be accommodated thereby: the right or power is specially conferred on this said com
pany to connect and contract with
company chartered by this State, for the performance of like transport, and in case of disagreement between said companies, the same shall be referred and settled as aforesaid, and be binding for one year as aforesaid.
Sec. 11. Said company may acquire real estate by gift or purchase, and that such commissioners hereinbesore mentioned, shall have full authority to solicit and receive subscriptions and conveyances of land to said company until the time fixed for the first meeting of said commissioners, which authority may then be extended by said meeting, which said land so obtained, shall be alienated by said company in the following manner: one-fourth in six years, the one-fourth in eight years, the one-fourth in ten years, and the other fourth in twelve years from the time the same was acquired.
Sec. 12. If the track of this railway shall cross any navigable stream, it shall do it in such a way as not to obstruct its navigation.
Sec. 13. Said company may have the right to demand and receive such rates and prices for the transportation of passengers and freight as they may think proper to establish, not to exceed five cents per mile for passengers, and fifty cents per hundred pounds for freight for every hundred miles the same may be carried.
Sec. 14. If any person shall wilfully injure or obstruct said railway or its property, such person may be punished, when prosecuted by indictment for said offence in due course of law, and also liable to action by said company or any person whatever, who may suffer in person or property from said wilful obstruction, for the amount of damages occasioned thereby.
Sec. 15. There shall be granted to said company eight sections of land of six hundred and forty acres each, for every mile of railway actually completed by them and ready for use, and upon the application of the President of the company, or any duly auth ed agent thereof, stating that any section of ive miles or more of said railway has been completed and is ready for use, it shall be the duty of the Comptroller of public accounts to require the State engineer, or a commissioner to be appointed by the Governor, to examine said railway, and upon his certificate that said section of said railway has been completed in a good and substantial manner, and is ready for use, the Comptroller shall give information of that fact to the Commissioner of the General Land Office, whose duty it shall be to issue to said company land certificates to the amount of eight sections
of land, of six hundred and forty acres each, for each and every mile of railway thus completed and ready for use; such certificates shall be for six hundred and forty acres each, and shall be located upon any unappropriated public domain of the State of Texas, within twelve months from the issuing thereof, which date shall appear upon the face of each certificate; and upon the return of the field-notes of any survey made by virtue of any certificate thus issued, it shall be the duty of the Commissioner of the General Land Office to issue patents to said company in their corporate name; one-fourth of which said lands thus patented shall be alienated by the company in six years, one-fourth in eight years, onefourth in ten years, and one-fourth in twelve years, so that the whole of the lands thus granted shall pass from the hands of the company within twelve years from the date of the patents thus issued.
Sec. 16. Said company shall be required to have a good and suflicient brake upon the hindmost car in all trains transporting passengers or merchandize, and also permanently stationed there, a trusty and skillful brakeman under a penalty of not exceeding the sum of one hundred dollars for each offence, to be recovered in any court of competent jurisdiction for the benefit of the State; and said company shall caue to be placed on each locomotive engine passing over their road, a bell of the weight of at least thirty-five pounds, or a steam whistle, and the said bell shall be rung, or the whistle blown, at the distance of at least eighty rods from the place of crossing any highway or turnpike, and kept ringing or blowing until the engine has passed or stopped: said company shall be required to construct their railroad with good T or U iron rails; provided, that no land shall be donated unless the company shall actually commence their road within two years, and actually complete and finish at least ten miles within three years; and, provided, also, that the alternate sections belonging to the State, named in this section, shall not be subject to entry or location; but shall be sold under such laws as may hereafter be passed, and the money paid into the State Treasury.
Sec. 17. The first meeting of the Commissioners or Directors appointed by this act shall be held at such time and place as they may direct, in which and all subsequent meetings, said directors may act in person or by proxy.
Sec. 18. Nothing in this act shall be so construed as to confer banking privileges or powers of any kind whatever.
Sec. 19. If said railway shall not be commenced within five years from the passage of this act, and at least twenty miles
thereof are not completed within six years, then this charter shall be null and void; and it is hereby provided and declared, that it shall be lawful for any other railway hereafter to be constructed to cross the said railway or any branch thereof, or to connect at any point therewith.
Approved, February 16, 1852.
Joint Resolution granting Stephen Crosby, Commissioner elect of
the General Land Office, leave of absence from the State.
Section 1. Be it resolved by the Legislature of the State of Texas, That Stephen Crosby, Commissioner elect of the General Land Office for the ensuing two years, be, and he is hereby granted sixty days leave of absence from the State during his term of office, at such time as may be best calculated to promote his health and be the least prejudicial to the business of the office; and that this joint resolution take effect from its passage.
Passed, February 16, 1852.