E. LOUIS LOWE, ESQUIRE, GOVERNOR.
383
construction and repair of the rail
road, not exceeding
sixty-six feet wide, with the necessary addition for embankments,
and excavations, and with as many sets of
tracks as the said directors, or a majority of them, may
cause to be made or contract with others for making
said road, or any part of it, and their agents or those
with whom they contract for, making any part of the
same, or their agents, may enter upon, and use and excavate
any land which may be wanted for the site of
said road, or the erection of warehouses or other works
necessary to said road, or for any other purpose necessary
or useful in the construction or repair of said road,
or its works, and that they may build bridges and fix
scales and weights, may lay rails, may take and use any
earth, gravel, stone, or material, which may be wanted
for the construction or repair of any part of said road,
or any of its works, and may make and construct all
works whatever, which may be necessary and expedient,
in order to the proper completion of said road.
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SEC. 6. And be it enacted,
That if the capital stock
of said company shall be deemed insufficient for the
purposes of this act, it shall and may be lawful for the
directors of said company, or a majority of them, from
time to time, to increase the said capital stock, by the
addition of as many shares as they may deem necessary,
for which they may at their option cause subscriptions
to be received, in the manner prescribed by
them, or may sell the same for the benefit of the company,
for any sum not under their par value, and that
they or a majority of them, shall have power to borrow
money for the objects of this act, to issue certificates,
or other evidence of such loans, and to pledge the property
of the company for the payment of the same and
its interest.
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May increase
capital stock.
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SEC. 7. And be it enacted,
That the president and
directors of said company, or a majority of them, or
any person or persons, authorised by a majority of
them, may agree with the owner or owners of any
land, earth, quarry, timber, gravel, stone, or other
materials, or any improvements which may be wanted
for the construction or repair of any said roads, or
any of their works, for the purchase or use and occupation
of the same, and if they cannot agree, or if the
owner or owners, or any of them be a feme covert,
under age, non compos mentis, or out of the county,
in which the property wanted, may lie, when the same
shall be wanted, application may be made to any justice
of the peace of such county, who shall thereupon issue
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President and
directors may
agree with
owners of
lands which
may be wanted.
In case of
disagreement,
sheriff to summon
jury of
inquest.
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