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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 costs 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, or may hereafter be 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 ower shall have the right, free of cost, at all reasonable times to cross 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, merchandise and cars of any other railroad corporation which has been or may hereafter be granted 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 shall choose a third in case of disagreement, neither of whom shall be stockholders in either road, or interested therein, and they shall fix the rates, which shall not ne changed for one year from the time of going into effect. The said Commissioners shall also fix the stated periods at which cars are to be drawn as aforesaid, having reference to the convenience and interest of said corporations and the public who will be accommodated thereby. The right or power shall be specially conferred on said company to connect and contract with any railroad 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 before contemplated.
Sec. 11. That said company may acquire real estate by gift or purchase,, and such Commissioners herein before mentioned shall have full authority to solicit and receive subscriptions and conveyances of land to said company, until the time fixer? for the first meeting by said Commissioners, which authority
may be then extended by said meeting; which said land so obtained by said company shall be alienated by them in the following manner: one-fourth in six years, one-fourth in eight years, onefourth in ten years, and one fourth in twelve vears from the time the same was acquired by said company.
Sec. 12. If said railroad track should cross any navigable stream, it shall be in such manenr as not to obstruct the navigation of the same.
Sec. 13. Said company shall have the right to demand and receive such rates of prices for transportation of freight and passengers as they may think proper to establish, not to exceed five cents per mile for passengers, and fifty cents for one hundred pounds of freight, for every one hundred miles the same may be carried.
Sec. 14. If any person shall wilfully obstruct or injure said railway or its property, such person or persons may be punished when prosecuted by indictment for such offences in due course of law, and shall be liable to action by said company, or any person whatever, who may suffer in person or property from such wilful obstruction, for the amount of damage 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 said railway completed by said company and ready for use, and upon application by the President of said company or any duly authorized agent thereof, stating that any section of five miles of said road has been completed and ready for use, it shall be the duty of the Governor of the State to require the State Engineer, or other Commissjoner that may be appointed for that purpose, to examine said railway, and if found to be completed in a good and substantial manner and ready for use, such person soappointed shall give information of the fact to the Commissioner of the General Landoffice, 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 every mile of road completed by said company and reported by the Engineer or person appointed for that purpose, as being built in a good and sufficient manner; after the first five miles, said company shall receive eight sections of land of six hundred and forty acres each, to be located upon any vacant and unappropriated bands belonging to the State, within twelve months from the time such certificates have been issued, and upon return of field-notes of surveys made by virtue of any such certificates so 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 land shall be alienated by said company within six years, and one-fourth within eight years, and one-fourth within ten years, and one-fourth within twelve years, so that all lands thus acquired by said company shall pass out of their hands within twelve vears from date of the patents thereof.
Sec. 16. Said company shall be required to have a good and sufficient brake upon the hindmost car, in all trains carrying passengers or freight, and also permanently stationed there, a trusty and skilful brakeman, under a penalty not exceeding one hundred dellars for each offence, to be recovered in any court of competent jurisdiction for the benefit of the State, and on each locomotive engine passing over said road shall be placed 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 stoped, and said company shall construct their road of the best T or U iron rails; provided, no lands shall be granted by the State unless the road be commenced in three years, and twenty-five miles of the road actually completed within three years' after the granting this charter.
Sec. 17. The first meeting of the Commissioners or Directors appointed by this act, shall be held in the town of Paris on the first Monday in May next, in which, as well as all after 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 of any kind whatever.
Sec. 19. If this company shall not commence the construction of the road within two years from the passage of this act, and complete twenty-five miles thereof, from year to vear for every year thereafter, until the same shall be entirly completed, this act shall be null and void.
Sec. 20. That should the State Legislature at any time adopt a general system of Internal Improvements by which other privileges than such as are enumerated by this charter, shall be granted to railroad companies, then in that case “the Memphis and E! Paso and Pacific railroad company," shall be entitled to all such privileges and immunities and be subject to such general laws as may hereafter be enacted regulating railroad companies.
Sec. 21. That this act take effect and be in force from and after its passage.
Approved, February 7, 1853.
STATE OF TEXAS.
I, THOMAS H. DUVAL, Secretary of State of the State of Texas, certify that the second session of the fourth legislature of said State commenced its session at the City of Austin, on Monday, the tenth day of January, in the year one thousand eight hundred and fifty-three, and adjourned on Monday, the seventh day of February in the year one thousand eight hundred and fifty-three.
And I further certify, that the Acts and Joint Resolutions contained in this Volume are true copies, taken from the original rolls deposited in the Department of State, with which they have been carefully compared.
Given under my hand and Official Seal, at the City [Seal.] of Austin, the seventeenth day of March, in the year one thousand eight hundred and fifty-three.
THOMAS H. DUVAL.