Form of notice. Sale of shares. Certificates of stock. May borrow money. each assessment shall be given to the stockholders person or shall be published once a week for at least four weeks, newspaper published at the place designated as the prin place of business of the corporation, or, if none is publi there, in some newspaper nearest such place, which notice be substantially in the following form: "Notice is he given, that an asssessment of dollars per share on the s of- -company, is due and payable at the office of the comp in- -(and at such other places as the Directors may design naming them), within thirty days from date. All sharehol are requested to make payment on or before that time, or assessment will be promptly collected by law. Secreta If after such notice shall have been given, any stockholder s make default in the payment of the assessment upon the sh held by him, the same or so many of such shares may be as will be necessary for the payment of the assessment on the shares held by him. The sale of said shares shall be n as prescribed in the by-laws of the company; provided, tha sale shall be made except at public auction, to the hig bidder; and at such sale the person who will agree to pay assessment so due, together with the expenses of advertisen and the other expenses of sale, for the smallest number of sh or parts of shares, shall be deemed to be the highest bid All stockholders shall be liable to such sale for installments or required to be paid by such Directors as prescribed this Act. 848. SEC. 14. Certificates of stock shall be issued, sig by the President and Secretary, in such manner as may be scribed by the by-laws of the company.-As amended, St 1869, 89. 849. SEC. 15. Such companies shall have power to bor from time to time on the credit of the corporation, and un such restrictions as two-thirds in interest of the stockhold may impose, such sum or sums of money not exceeding in the amount of its capital stock, as may be necessary for the c struction and equipment of their road, at a rate of interest to exceed fifteen per centum per annum, and to execute bo or promissory notes therefor, in sums not less than one tho and dollars in any one note or bond, and to secure said notes bonds, may mortgage their corporated property and franch and pledge the income of the company; and the Directors such company shall also provide, in such manner as to th Sinking fund. may seem best, a sinking fund, to be especially applied to redemption of such bonds on or before their maturity, and n also confer on any holder of any bond so issued for money b rowed, or in payment of any debt, or contract, for the constr tion or equipment of such road as aforesaid, the right convert the principal due or owing thereon into stock of su company, at any time within six years from the date of su bond, under such regulations as the company may adopt.amended, Stats. 1869, 89 850. SEC. 16. The President and Secretary and a major of the Directors, within thirty days after the payment of the Capital stock last installment of the capital stock so fixed and limited by the paid in. company, shall make a certificate, stating the amount of capital so fixed and paid in, which certificate shall be signed by the Certificates of President and Secretary and a majority of the Directors, and they shall, within the said thirty days, file the same in the office of the Secretary of State. Powers and rights of 851. SEC. 17. Every railroad corporation shall have power: First-To cause such examination and surveys for the pro-company. posed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and for such purposes, by their officers, agents, and employes, to enter upon the lands or waters of any persons, but subject to responsibility for all damages which they shall do thereto. Second-To receive, hold, take, and convey, by deed or otherwise, the same as a natural person might or could do, such voluntary grants and donations of real estate, and other property of every description, as shall be made to it to aid and encourage the construction, maintenance, and accommodation of such railroad. Third-To purchase, and by voluntary grants and donations receive and take, and by its officers, engineers, surveyors, and agents, enter upon and take possession of, and hold and use, in any manner they may deem proper, all such lands and real estate, and other property, as the Directors may deem necessary and proper for the construction and maintenance of such railroad, and for the stations, depots, and other accommodations and purposes, deemed necessary to accomplish the object for which the corporation is created. Fourth-To lay out its road or roads, not exceeding ten rods wide, and to construct and maintain the same, with a single or double track, with such appendages as may be deemed necessary for the convenient use of the same, and for the purposes of making embankments, excavations, ditches, drains, culverts, or otherwise, and procuring timber, stone, and gravel, or other materials, may take as much more land, whenever they may think proper, as may be necessary for the purposes aforesaid, in the manner hereinafter provided, for the proper construction and security of the road. Fifth-To construct their road across, along, or upon any stream of water, watercourse, roadstead, bay, navigable stream, street, avenue, or highway, or across any railway, canal, ditch, or flume, which the route of its road shall intersect, cross, or run along, in such manner as to afford security for life and property; but the corporation shall restore the stream or watercourse, road, street, avenue, highway, railroad, canal, ditch, or flume thus intersected, to its former state, as near as may be, or its usefulness or injured its franchises. Same. May change line of road. road company, with the necessary turnouts, sidings, and switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is, or shall be hereafter, intersected by any new railroad in forming such intersections and connection, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections, and connections, the same shall be ascertained and determined by commissioners, to be appointed as is provided hereinafter in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted. Seventh-To purchase lands, timber, stone, gravel, or other materials, to be used in the construction and maintenance of its road, or take them in the manner provided by this Act; may change the line of its road, in whole or in part, whenever a majority of the Directors shall determine, as is provided hereinafter; but no such change shall vary the general route of such road, as contemplated in the articles of association of such company. Eighth-To receive by purchase, donation, or otherwise, any lands, or other property, of any description, and to hold and convey the same in any manner the Directors may think proper, the same as natural persons might or could do, that may be necessary for the construction and maintenance of its road, or for the erection of depots, turnouts, workshops, warehouses, or for any other purposes necessary for the conveniences of such companies, in order to transact the business usual for such railroad companies. Ninth To take, transport, carry, and convey persons and property on their railroad, by the force and power of steam, of animals, or any mechanical power, or by any combinations of them, and receive tolls or compensation therefor. Tenth-To erect and maintain all necessary and convenient buildings, stations, depots, and fixtures, and machinery for the accommodation and use of their passengers, freight, and business, and to obtain and hold the lands and other property necessary therefor. Eleventh-To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor, within the limits prescribed by law. Twelfth-To regulate the force and speed of their locomotives, cars, trains, or other machinery used and employed on their road, and to establish, execute, and enforce all needful and proper rules and regulations, fully and completely for the management of its business transactions usual and proper for railroad companies. 852. SEC. 18. If at any time after the location of the line of such railroad, in whole or in part, and the filing of the map thereof, as provided by this Act, it shall appear to the Directors of such company that the same may be improved, such Directors and convenient achinery for the reight, and busiother property in which passene tolls and com ts prescribed by of their locomond employed on ce all needful and etely for the manproper for rail cation of the line filing of the map ar to the Directors ed, such Directors may, from time to time, alter or change the line in any manner highways. use lands, 854. SEC. 20. The right of way is hereby given and Right of w granted to all railroad companies that are now organized, or granted. may be organized under the provisions of this Act, to locate, construct, and maintain their roads, or any part or parcel thereof, over and through any of the swamp or overflowed lands belonging to this state, or any other public lands which are now or may be the property of this state, at the time of constructing said railroad; and the said railroad companies are hereby width of authorized to survey and mark through the said lands of the right of w state, to be held by them for the track of their respective railroads, one hundred feet in width, for the whole length the said roads may be located over the lands of the state; and in cases where deep excavations, or heavy embankments, or other cuttings or structures whatever, or ditches, drains, canals, culverts, or other structures to protect the road bed, and to facilitate the use and enjoyment of the same, is or may be required for the grade or other uses of said roads, then at such places a greater width may be taken by such company, and which is hereby given, not exceeding two hundred feet wide; and the right is hereby further given and granted to said companies, to locate, occupy, and hold all necessary sites and grounds for watering 229 Sec. 855. Provisos. Depots, etc. places, depots, or other buildings, for the convenient use of the same, along the line of said road or roads, so far as the places convenient for the same may fall upon the lands belonging to the state, except within the limits of any incorporated city or town, or within three miles where the same shall be taken, on paying to the state the value of the same; and, provided, that no one depot, watering place, machine or workshop, or other buildings for the convenient use of such roads, shall cover over two square acres each, and that said sites or places on the lands of this state shall not be nearer to each other than five miles along the lines of said roads. The right is hereby further given and granted to said companies, to take from any of the lands belonging to this state all such materials of earth, wood, stone, or other materials whatever, as may be necessary or convenient, from time to time, for the first construction or equipment of said road or roads, or any part thereof; provided, that the grants herein made, as well of the use of the land of this state as for the materials for the construction and equipment of said road or roads, shall cease and determine as respects such particular road, which shall not have been begun and completed within the times limited in section thirty-nine of this Act; and, provided further, that if any road, at any time after its location, shall be discontinued or abandoned by said company or companies, or the location of any part thereof be so changed as not to cover the lands of the state thus previously occupied, then the lands so abandoned or left shall revert to this state; and, provided further, that when the location of the route of either of said railroads, or sites or places for depots, watering places, machine or work shops, or other buildings for the convenient use of the same, shall be selected, the Secretary of the said company shall transmit to the Surveyor-General, and to the Controller of the state, and to the Recorder of the county in which the lands so selected are situated, to each of said officers, a correct plot of the location of said railroad, or sites or places, before such Conveyance selection shall become operative. And when any such company of lands, etc., shall, for its purposes aforesaid, require any of the land belonging to any of the counties, cities, or towns in this state, the county, city, and town officers respectively, having charge of such lands, may grant and convey such land to such company, for a compensation which shall be agreed upon between them, same without any comor may donate and convey the pensation; and if they shall not agree upon the sale and price, the same may be taken by the company as is provided in other cases of taking lands by the provisions of this Act. by cities. Cities may 855. SEC. 21. Any county, city, or town in this state, make grants. shall have, and are hereby fully empowered, by and through a two-thirds vote of the Board of Commissioners, the Common Council, or any other officers having a supervisory or other control of such county, city, or town, respectively, to give, grant or donate, to any railroad company now organized, or that may be hereafter organized under the laws of this state, the use of any of the streets or highways which may be absolutely |