70

CORPORATIONS. [ART. 26.

or to any point or points within this state or upon
the boundaries thereof, may be formed as hereinbefore
provided.

Power to pur-
chase, &c.

128. Such corporation may, with the consent of a
majority of its stockholders, given in general meeting,
become the purchaser, assignee or lessee of any pro-
perty within this state, of any telegraph company or
companies now existing, or which may hereafter be in-
corporated, or may be doing business within this state.

Power to con-
struct tele-
graphic lines.

129. It may construct a line. or lines of telegraph
through this state, or from or to any point or points
within this state. or upon the boundaries thereof, and
along, and upon .any postal roads and postal routes,
roads, streets and highways, or across any of the bridges
or waters within the limits of this state, by the erection
of the necessary fixtures, including posts, piers or abut-
ments for sustaining the cords or wires of such lines,
without their being deemed a public nuisance or sub-

Proviso.

ject to be abated by any private party; provided, the
same shall not be constructed as to incommode inju-

Postal roads,
&c.

riously the public use of said postal roads or postal
routes, roads, highways and bridges, or injuriously in-
terrupt the navigation of said waters, or as 'to interfere
with the convenience of any land owner more than is
unavoidable, and that this section shall not be so con-
strued as to authorize the construction of any bridge
across any of the navigable waters of this state; but

Responsibility.

the said corporation shall be responsible for any dam-
ages which any person or corporation may sustain by
the erection, continuance and use of such fixtures, and
in any action brought for the recovery thereof by the

Damages.

owner or possessor of any lands, the damages to be
awarded may, at the election of such corporation, in-
clude the damages of allowing the said fixtures perma-
nently to continue, on payment of which damages, the
right of the corporation to continue such fixtures shall
be confirmed, as if granted by the parties to the suit ;

Proviso.

provided, that no person or body politic shall be enti-
tled to sue for or recover damages as aforesaid, until
the said corporation, after due notice, shall have failed