648 CORPORATIONS. [ART. 23

cents per ton per mile, but such corporation shall not demand
or receive, for the transportation of coals, ores or other min-
erals, a rate exceeding one and a half cents per ton per mile.

1888, art 23, sec. 171. 1876, ch. 242, sec 15

258. Such company shall have power to borrow money on
the credit of the corporation, not exceeding its authorized
capital stock, at a rate of interest to be agreed upon by the
respective parties, and may execute bonds or promissory notes
therefor, in sums of not less than one hundred dollars, and to
secure the payment thereof, may pledge the property and
income of such company.

Ibid. sec. 172. 1876, ch 242, sec. 16.

259. Such company may acquire by purchase or gift, any
lands in the vicinity of said road or through which the same
may pass, so far as may be deemed convenient or necessary by
said company to secure the right of way, or such as may be
granted, to aid in the construction of such road, and the same
to hpld or convey, in such manner as the directors may pre-
scribe; and all deeds and conveyances made by such company,
shall be signed by the president, under the seal of the cor-
poration.

Ibid, sec, 173. 1876, ch. 242, sec. 17. 1880, ch. 282.

260. It shall be lawful for such corporation, whenever it
may be necessary in the construction of its road, to cross any
road, highway or stream of water, to divert the same from its
present or existing location or bed; provided, it is not a navi-
gable stream; and it shall be lawful for such corporation, or
for any railroad corporation heretofore incorporated under any
general or special law, whose railroad now crosses or may
hereafter cross any public or private road or highway, to carry
said road or highway over its tracks by an overgrade crossing,
or to carry it under its track or tracks by an undergrade cross-
ing; and to make such crossings, such corporations may divert
any road or highway, so crossed or to be crossed, from its
present or existing location; and for entering upon, taking or
appropriating any buildings, gardens, yards or other lands
which may be necessary for the new route and location of said
road so diverted, said corporation may proceed as in case of
land necessary for its railroad, under the powers given to it by
law, but said corporation shall, without unnecessary delay,
place such road or highway or stream in such condition as to