duties of his office to the best of his skill and

judgment.

and remove

SEC. 10. The president and directors, or a May appoint majority of them, shall have power to appoint, officers, &c. contract with, and determine the compensation of all such officers, engineers, agents, or servants whatsoever, as they may deem necessary for the transaction of the business of the compa

accounts,make

ny and remove them at pleasure: and the said power to settle president and directors, or a majority of them, by-laws, &c. shall have power to determine the manner of adjusting and settling all accounts against the company; also the manner and evidence of transfers of stock in said company, and they shall have power to pass all by-laws which they may deem necessary for carrying into execution all the powers vested in the company hereby incorporated: Provided, such by-laws shall not be contrary to the laws of this territory, or of the constitution or laws of the United States.

Proviso.

Power to con

pair said road.

SEC. 11. The president and directors of said company shall be, and they are hereby invested struct and rewith all the privileges, rights and powers necessary for the location, construction and keeping in repair said Rail Road not exceeding one hundred feet in width; and the said president and directors or their agents, or those with whom Power to conthey may contract for making said road, or any part of it, may enter upon use and excavate any land which may be wanted for the site of said Rail Road, or any other purpose which is neces

tract for, use,

or excavate

any land, &c.

May agree for materials for said road.

sary in the construction or repair of said road or its works, so soon as the amount is ascertained, and tendered as hereinafter provided.

SEC. 12. The president and directors of said company may agree with the owner or owners of any land, earth, timber, gravel, stone or other materials or any articles whatsoever, which may be wanted, in the construction or repair of said road, or any of its works, for the purchase or occupation of the same; and if such materials, (not previously taken or appropriated by the owner to any particular use,) as may be necessary for the construction or repair of said Rail Road, be found on any unimproved land adjoining to or near the same, and if the parties canIf parties cannot agree jury not agree, or if the owner or owners of any of

to be sum

moned.

them be a feme covert, under age, non compus mentis, or out of the county in which the property wanted may lie, application may be made to any of the justices of the peace of such county, who shall thereupon issue his warrant under his hand and seal directed to the sheriff of said county, or if the sheriff be interested, to some disinterested person, requiring him to summon a jury of twelve freeholders in the county, not in any way interested in the matter, or related to the parties, to meet on, or near the property or materials to be valued on a day named in said warrant, not less than five or more than ten days after issuing the same; and if, at the same time and place, any of the persons sum

moned do not attend, the said sheriff or summoner shall immediately summon as many as may be necessary, with the persons in atendance as jurors, to furnish a pannel of twelve jurors, and from them each party, or his, orher, or their agent or attorney, or if either be not present in person or by agent, the sheriff or summoner for him, her or them, may strike off three jurors, and the remaining shall sit as a jury of inquest of damages; and before they act as such, the Jury to assess sheriff or summoner shall administer to each of

damages.

them an oath or affirmation, that they will justly Inquisition to

writing, &c.

Sent to circuit

and impartially value the damages which the be reduced to owner or owners will sustain by the use or occupation of the land, materials or property required by said company; and the said jury shall reduce their inquisition to writing, and shall sign court. and seal the same, and it shall, then be sent to the clerk of the circuit court of said county, and by said clerk filed in his office, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown, and when confirmed the same shall be recorded by said clerk at the expense of said company; but if set aside, said court may direct another inquisition to be taken in manner above prescribed; said inquisition shall describe the proper- Valuation tenty taken or the bounds of the land condemned. ty to vest in Such valuation, when paid or tendered to the owner or owners of said property, his, her or their legal representatives, shall entitle said com

dered, proper

the company.

When compa.

gon ways, &c.

pany to the estate and interest in the same thus valued, as fully as if it had been conveyed by the owner or owners of the same, for such term of time as said company shall occupy the same as a Rail Road: and if valuation be not received, when tendered, it may at any time thereafter, be received from the company without cost: and the sheriff, summoner, and jurors, shall be allowed the ordinary fees for like services, to be taxed by the court.

SEC. 13. Whenever in the construction of ny to make wa- said Rail Road, it shall be necessary to cross or intersect any established road, it shall be the duty of said president and directors so to construct said RailRoad across such established road as not to impede the passge or transportation of persons or property along the same, or when it shall be necessary to construct it through the land of any individual, it shall be their duty to provide for such individual, proper wagon ways across said road, from one part of his land to another.

Neglect to

SEC. 14. If said company shall neglect to promake wagon vide proper wagon ways across said road as required by the preceding section of this act, it

ways liable for damages.

shall be lawful for any individual to sue said company, and shall be entitled to such damages as a jury may think him or her entitled to, for such neglect or refusal on the part of said company.

SEC. 15. If it shall be necessary for the said

for the use of

Rail Road company, in the selection of the May contract route, or the construction of the said road, to any other road. be by them laid out and constructed, or any part

tions may con

of it to connect the same with any turnpike road or bridge, made or erected by any incorporated company, or authorized by any law of this territory, it shall, and may be lawful for said president and directors to contract with any other corporation for the right to such road or bridge, or for transfer of any of the corporate or other rights and privileges of such corporation, to the said company hereby incorporated; Other corpora and every such other incorporation, acting un- tract. der the laws of this territory, is hereby authorized to make such contract or transfer, by and through the agency of the person authorized by the respective acts of incorporation to exercise their corporate powers, or by any persons who are by any law of this territory entrusted with the management and direction of such turnpike road or bridge, or any of the rights or privileges aforesaid. Every contract or transfer made in Such contract pursuance of the power and authority hereby to be valid. granted when executed by the several parties, under their respective corporate seals, shall vest in the company hereby incorporated, all such rights and privileges, and the right to use and enjoy the same, as fully as they are now used by the said corporations in which they are now vested.

SEC. 16. The said president and directors