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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 his office by the twentieth of December in each year, and shall state,

1st. The capital stock, and the amount actually paid in.

2nd. The amount expended for the purchase of land, for the construction of the road, for buildings, and for engines and cars respectively. 3d. The amount and nature of its indebtdeness, and the amount due the corporation.

4th. The amonnt received for the transportation of passengers, of property, of the mails, and from all other sources.

5th. 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.

6th. The amount paid out for repairs, engines, cars and buildings. 7th. The number and amount of dividends, and when made.

8th. The number of engine houses and shops; of engines and cars, and their character.

9th. The number of miles run by passenger, freight and other trains respectively.

10th. The number of men employed, and their occupations.

11th. The number of persons injured in life or limb, and the cause of such injuries.

12th. 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 shall refuse to pay his fare or toll, it shall be lawful for the conductor of the train, and 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 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 be 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 or train on said railroad, be intoxicated, he shall be deemed guilty of a misdemeanor.

§ 16. Section 19th 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 whatever, 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 guilty of a misdemeanor, and shall forfeit and pay to the said company treble the amount of damages 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 term 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. This act shall take effect and be in force from and after it shall be assented to by a majority in number and interest of the stockholders of said company, duly assembled in general meeting for that purpose. Approved March 1, 1851.

AN ACT supplementary to the act entitled an act to amend the act entitled "An act to incorporate the Pacific Railroad," approved March 1, 1851.

§ 1. Company authorized to construct their road west of the State.

Be it enacted by the General Assembly of the State of Missouri, as follows:

§ 1. It shall be lawful for the Pacific Railroad Company to extend, construct, maintain and operate their railroad to any point or points west of the boundary of this State, and to enter into contracts for that purpose. Approved February 24, 1853.

NORTH MISSOURI RAILROAD COMPANY.

THE ACT INCORPORATING, AND ALL ACTS AMENDATORY

THEREOF.

AN ACT to incorporate the North Missouri Railroad Company.

§ 1. Company incorporated; capital stock ; [ § 13. Dividends; when declared.

general powers.

2. Board of Directors constituted; books

to be opened.

3. Election for Directors; when held.
4. Vote of stockholders how regulated;
President elected.

5. Officers to be appointed; journal kept;
vacancies how filled.

6. Payment of stock how regulated.

7. When road to be located; company may hold land for certain purposes. 8. Right of way how secured.

14. Certain County Courts may subscribe stock and issue bonds; agents to be appointed.

15. Exhibit made.

[blocks in formation]

9. Same continued.

10. Same continued.

21.

11. County and State roads may be crossed on certain conditions.

22.

12. Construction of road when to be com

Power to hold and sell land, bonds or money.

menced; company to have general
control of road.

Be it enacted by the General Assembly of the State of Missouri, as follows:

§ 1. A company is hereby incorporated, called "the North Missouri 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 and assigns, shall constitute a body corporate and politic; and by the name aforesaid shall have continued succession, may sue and be sued, plead and be impleaded, defend and be defended against, and may make and use a common seal, and change or alter the same; and shall be able in law and equity to make contracts, may take, hold, use, possess and enjoy the fee simple or other title in and to any real estate, and may sell, convey, pledge, mortgage or dispose of the same; may make by-laws, rules and regulations proper and necessary for carrying into effect the provisions of this act, not repugnant to the constitution or laws of the United States, or of this State, and shall have the usual and necessary powers of companies for such purposes.

§ 2. David K. Pittman, Charles M. Johnson, William J. McElhiney, Benjamin A. Alderson, Arnold Krekel, Ludwell E. Powell, Robert H. Parks, Andrew King and Robert Frazier, of the county of St. Charles; John A.

Pulliam and Thomas J. Marshall, of Warren county; Charles B. Harper and James H. Robinson, of Montgomery county; Jefferson F. Jones and John Harrison, of Callaway county; R. C. Calhoun and B. Z. Offutt, of Audrain county; William H. Parcels and James C. Goode, of Adair county; George A. Shortridge and Benjamin Sharp, of Macon county; and Dabney Garth, John McCampbell and Hancock Jackson, of Randolph county, or any nine of them, shall constitute the first Board of Directors under this act, and shall hold their office until their successors shall be qualified; they shall within any ten years from the date of the passage of this act, meet at such time and place as shall be designated by any three of them, and organize as a Board of Directors; and when organized, they shall cause books to be opened for the subscription of the capital stock of said company at such time and place as they may designate, under the supervision of such persons as they may appoint, and may continue them open so long as they may deem proper, and may reopen such books when necessary, until the whole stock shall be subscribed.

§ 2. So soon as fifteen hundred shares shall be subscribed, the Directors shall cause an election to be held for nine Directors, at such time and place as they may appoint, and give notice of the same in two or more public newspapers.

§4. An election for nine Directors shall be held on the first Monday in April in each year, and if not held on that day, an election may be held at any other time that the Directors shall designate. The election shall be held under the supervision of one or more stockholders, and the persons receiving the highest number of votes shall be elected, and shall continue in office until their successors be qualified. Every stockholder shall be entitled to one vote for each share held by him, and he may vote by proxy. Soon after their election the Directors shall meet and elect one of their number President, who shall hold his office for the term for which he was elected Director, and until his successor shall be qualified.

§ 5. The Directors shall appoint agents, clerks, engineers, superintendents, and other officers and servants for said company; shall keep a journal of their proceedings; shall cause correct books and accounts to be kept. They may determine by law what number of Directors shall constitute a quorum, and may appoint committees, fill all vacancies in any office under said company. They shall fix the salaries of the President and the officers and agents; they may take security from their officers and agents, and may adopt such measures and do such acts as will be best calculated to promote the prosperity and usefulness of said company.

6. The Directors shall make and advertise calls for the payment of the capital stock at such times and in such manner as they may deem proper; and if any stockholder shall fail to pay any such requisition within ten days after the time appointed, the said company may recover the same with interest, and if not collected, may declare the stock forfeited, and sell the same; and no delinquent stockholder shall vote in said company.

§ 7. Said company shall have full power to survey, mark, locate and construct a railroad from the city of St. Charles, in the county of St. Charles, passing up the divide between the tributaries of the Mississippi and Missouri rivers as near as may be to the northern boundary line of this State, with a view that the same may be hereafter 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 the 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.

§ 8. Said company may take voluntary relinquishments of the right of way for said road, and the necessary depots and water stations; and if the land through which such road shall pass shall belong to miners in whole or in part, the guardian or curator of such minor shall have power to convey to said company so much of the land as may be necessary for the purposes aforesaid, on fair and equitable terms; but every such conveyance by a guardian shall be subject to the approval or rejection of the Probate or County Court in which such guardianship is pending.

§ 9. If any owner of any tract of land through which such railroad shall pass shall refuse to relinquish the right of way 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 of the county in which such lands are situated; and said Judge shall appoint three disinterested citizens of the county to view said lands, who shall take into consideration the value of the land, and the advantages and disadvantages of the road to the same, and shall report under oath what damages will be due to said land, or any improvements thereon, stating the amount of damages assessed, and shall return a plat of the land thus condemned. Notice of such application to such Judge shall be given to the owner of such land five days before the making of the application, if such owner reside in this State, or to his guardian; and if such owner be a non-resident of this State, he may [be] served with actual notice, or by an advertisement for four weeks in some public newspaper.

§ 10. 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 enter 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 fee simple title of the land in such plat and report described. Objections to said report must be filed within ten days after the same shall be filed, 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 after said viewers have filed their report and plat in the office as aforesaid, the company, after having made a tender of the amount of damages to the person or persons, or made a deposit of the same with the Clerk of the County Court in which the case may be pending, shall be authorized to proceed in the constitution [construction] of the work as fully as though no disagreement had arisen. In all such cases the court shall adjudge the cost of the proceedings according to equity; and the court shall have power to make such orders and take such other steps as will promote the ends of justice between the owners of such lands and said company.

§ 11. Said company may build said road along or across any State or county road, or street or wharves of any town or city, and over any stream

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