3'lg,Q;. ::L:L.

.AMER,.ICAN,_ RAILROAD JOURNAL,’  -

§_8.~ '.I‘h‘edirectors'slia-ll have full power to make and prescribe
such ‘by,-laws, rules and regulations as to them shall seem need-
fulandvproper, touching the management and disposition of the
stock, property, estate and eifects of the said corporation, the
transfer of shares, andtouching the duties and conduct of their
officers, servants, and election of directors, and all other matters
Wiiatspever which may appertain to the concerns of the said cor-
porati,on,; and also shall have power to appoint a Secretary and
as many clerks; and servants as to them shall seem meet, and to
establishiand ﬁx such salaries and allowances to them, and also
to ;t;-he.-‘President; and Vice-President, as to the said board shall
appe_ar,:proper.'» The said corporation is hereby empowered to

A

pupicha,-se,» receive, and hold such real estate as may be necessary
an__,,con.i{enient inaccornplisliing the objects for which this in-
corporationﬁis grasntedﬂarud may,‘.,b.y, t.lie,i.r_,§g'en,t.5, surveyors and
eng1neers..enter upon such route, place or places, tobe designat- -
ed as “aforesaid by theisaid directors as the line, course, road or
way, whereon to construct the said Railroad or ways; and it
shall be lawful for the said corporationtto enter upon, and take
possession of, and use all such lands and real estate as may be
indispensable forpthe construction and maintenance of the said
single,‘ double or treble Railroad or Ways, and the accomnioda~
tions requisite and appertaining unto, them; and may also 1‘,(:‘- ,
cei,ve,Lho,ld and take all suchvoluntary grants and,Ldo_nations of
land ilﬂd-rea1;estate,,as shall be made to the said corporation,to V
aid in the construction, maintenance and accommodation of the
said _Railroa,d,or ways; but all lands or real estate thus entered _
and lakefn. possession of, and usedrbytllc said corporation, and
which are not donations, shall be purchased by the said corpo-
ration, of the owner or owners of the same, and at a price tobe
mut;ua1~ly agreed upon between‘tl1_em,; andin,.case‘of ajdisagree-'_
merit: of_pri_ce, and before the making of any portion ofthe road
upon said land, the directors of thesaid corporationinay, present
tllgiﬁrv petition to the C—h,ancellor or Vice-Chancellor of the ‘cir-
cuitin which such landsare situated,—setting forth the necessity
Of suﬁhitlalids for making said. Railroad or ways, andof the at-
tempbandi failure to purcliasetlie same, vwith the name and rest’.

denceof the owner’, iandthc «reason why the purchase.-cannot be *

made; and the Chancellor or Vice-Chancellor shall direct such
notice to-the owner or owners of such land as he shall deem pro-
Pert and reasonable, of the time and place of hearing the. parties;
and ‘upon proof of due service of such notice, and upon hearing
the parties, the Chancellor or Vice-Chaiicellor shall appoint
tliree "r-ompetentt anddisinterested freeholders of. the county in
Which the lands are situated, to be commissioners’, to. appraise.
said lands.“ The saidicommissiouers shall appraise said lands,
andshall award to the owner or owners thereof what they shall
deemtobe the full value of the same; and shall be authorized
to examine the lands, to administer oaths, and hear testimony;
andshall make their appraisement in writing without delay, un-
der‘ their hands, with a minute and accurate description of the
lands appraised, with a map thereof, and shall report the same,
with the testimony taken, to the Court of Chancery. The Chan-
cellor or_ Vice-Chancellor shall examine the report and shall bear
the parties, if desl-mil, and may increase or diminish the amount
awa‘rded,ifhe shall be satisﬁed injustice has been done. Upon
proofito the Chancellor or Vice—Chancellor, within thirty days
afte'r_l1is determination, ofpayuient to the owncr,o'r of the de-.
positing-.Lto the credit.of the» owner in such bank as the said.
Chane-e_llor-or:Vice-Chancellor shall direct, of the amount of such:
aPPT3-lsefirliiﬂlg andthe payment ofall expenses attendingit, tliesaid
Qhancellor:or’Vice—Chancellor shall make a decree or order, par-
ticularlydeseribing the lands and reciting the appraisement and
tliernode of making it, and all other facts neceesary to a compli.
ance with this [section] of this act; andiwhen the said decree
or order shall be recorded in the oﬂice of the clerk of the county
mwhich the land is situated, whose duty it shall be to record the
same‘, the said corporation shall be possessed of all such lands,
for the purpose ofthe said road, and may enter upon and take
possession, and use the same. In case any married woman, in-
fant, idiot, insane person, or non—resirlent, who shall not appear
after: such notice, shall beinterested in any such land, the said
Cl%&ﬂBﬁuf€57F"Sha’lli a point; some competent: and ' disinterested. port-
SOJEL:-1§0"=3‘]"5'[)’e,?l‘i.i!l?'lEli3 ore the”saitfcommissionéiis,valid-~act'for and in
behatlllofesuch married" woman, infant, idiot; insane person, or
non-‘resident. ‘ : ‘ - *

~§:9.’The said» corporation is hereby authorised to construct,
erect, build, inake and use, a single, double or treble Railroad or
Ways, of suitable width and dimensions, to bedetermined by the
said corporation, on the line course. or way designated byztlie
dirsctorLs as aforesaid, as theline, course or way whereon to c,on~
struLct,._erect,,build and make the same ; and shall have power to
Iegn1L§1te.the time, and manner in which goods and passengers
Sllajl be. -transported, taken and carried on the same, and shall

.as,_have by this «act 'lieen”§f7e1”1 "or

1ia‘ve"powe; to erect and maintain toll-houses and other buildings 5

for the accommodation of theirvconcerns as they may deem suit-
able to their interests. ' L L L

§ 10. Wlienever it shall be necessary for t.he‘_'_con'Lstruction' of
their single, double or treble Railroad or way, ',to intersect or
cross any stream of water or water courses, or any road ‘or‘higb-
way betwixt the places prescribed by the ﬁrst section of this act,

it shall be lawful for the said corporation to construct theirvvay -
or ways across or upon the same; buttthe corporation shall. 7

restore the stream or water course, or road, or highway thus ,in—'
tersected, to its former state, or in a suﬂicient manner notto
have impaired itspusefulness.

§ 11. It shall be lawful for the owners of the land over which i
said Railroad shall be constructed, to cross the said Railroad with _

hisor her servants, cattle, teams and carriages, for the purpose

of using and managing their respective ‘farms, over which the. LL
said: Railroad shall pass, doing no unnecessary damage to salt}.-

Railroad. 7

§12. It shall be lawful for the company hereby incorporated, 7

from time to time to fix, regulate and receive the tolls and charges
by them to be received for transportation of property or persons
on the single, double or treble Railroad or ways aforesaid, hereby
authorised to be constructed, erected, built, made andwused.

§ 18. If any person shall wilfullydo or cause to be done, any
act or acts whatever, whereby any building, construction or Work
of the said _corpor_ation,' 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 shallbe deemed guilty of a" misdemeanor,
and shall forfeit and pay .,to V the said corporation double the
amount of damages sustained by means of such offence or injury,
to be recovered in the name

suit, by action of debt.
§ 14. lt'shall' be
of the_ sums to be sub’scri_bed on the capital stock, at, sucli_times,,

and in such proportions, and on such conditions, as they shall

deem fit, under theipenalty of the forfeiture of all previous pay- 
merits thereon; and shall give notice of the _ payments jtlius ‘
required, and of the place and time when the same are to b,e.pa1L'd,:’,

at "least, thirty days previous to the payment of the same, in a

public newspaper published in the cities of New—York, Hudson,’ ,‘

Albany and Troy, and in the villages of Poughlreepsie and New-
burgh, and also in one of the public newspapersin the county of
VVestcliester. '

§,15. The said corporation shall possess the
and be snbjectto tliegeneral restrictions and'liabi:litiesprescribed

by such ‘parts of the eighteenth chapter of tliejiﬁrst part of the’

Revised Statutes, as are not repealed. t _ .
§,16. The directors of said company shall make’.an annual

report, in detail, of their proceedings and expenditures,.YeLriﬁed
by the alﬁdavit of at least two of them, which report shall. be ,
filed in the office of the Secretary of State; and in like ma,I1.I1erf ,
shall, at the expiration of each year, for the term of ﬁfteen years _f
after the completion of said road, file’ in said office a detailed f
statement of tolls received on such Railroad, and of all nionies

expended by said company, for repairs or otherwise, for the pur-
ose of said Railroad. ”

_ § 17. If the Legislature of this state shall, at the ‘expi,r;at,io'n of‘:
ten and within ﬁfteen years from the ‘comipletionofv said Rai'l-"L_'.

road, make provision by law. forthev re-'pay_rn',ent‘to the-.s’aid cor-

poration of the amount expended by them the construction of ,
said Railroad,,togetLher with all monies expended by them, for L
permanent ﬁxtures for"th_e.usLe of said Railroad, with interest on‘. 
suchsums,’ at the rateoffourteen per centurnt ‘er annuni,_toge’,tl1er‘. ,
with all rnonies expended’ by said company, or repairsfor other: if
deducting tlie’amo1frrt;of 3

wise, for the purposes of said road,L'after _ L L L s 
tolls received on said road, then the said Railroad, with all ﬁx-

tures and appurtenances, shall vest in and become the property. '

of the people of this State. . - _

§18. For the purpose of continuing the branches of said Rail-
road into the States of Connecticut and Massachusetts, the cor-
poration shall have and possess, with the consent of the Legisla-

tures of those St_ate,s,_tlie saineipn,Vu§,rs,spmiguilegesménid*awthﬁri}ty,"
the construction and,manag‘e- -«

rnentof the main Railroad. L _ L —_
§ 19. The Legislature may at any time alter, amend, modify or
repeal this act. "

 

AN «ACT "To AMEND AN ‘ACT ENTITLEDL“AN ACT TO _INCQRLP0R-
ATE THE New-YORK AND ALBANY RAILROAD,” . PASSED
17TH APRIL, 1832, * 1

Passed Nlay 9, 1836.

The People the State of .7V'czo-Yolrlr, represe7ztecLl in Senate L

and ﬁssctzibly, do enact as follows .' ,
§1. The time for corninencing the construction of the New

of the said corporation,;withL COStS»Of:.“

‘lawful for ' theidirectors to require payrlnentlfi

General pow,Lers,,'