not satisfied with the award, may appeal to the County Court of the county in which said land may lie, which may at its discretion confirm the said award and enter it on record; or as often as they may deem it necessary may supercede the said viewers, or any of them, appoint others in their stead, and direct another view and award to be made in the manner aforesaid. If any Justice of the Peace or any freeholder shall refuse or neglect to perform the duties assigned to them respectively as prescribed in this section upon being thereto required by either party as aforesaid, such Justice or freeholder shall forfeit and pay to the party making the application, a sum not exceeding twenty-five dollars, to be recovered before any Justice of the Peace of the county of which he is an inhabitant; and shall moreover be liable to the action of the party aggrieved. § 3. The said company shall have power from time to time, to borrow such sums of money as may be necessary, subject to the prior lien of the State, for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage if necessary their corporate property and franchises, or any part thereof, to secure the payment of any debt contracted by the company for the purposes aforesaid; and the Directors of the company may confer on any holder of any bonds issued for money borrowed as aforesaid, the right to convert the principal due or owing thereon into stock of said company at any time not, exceeding ten years from the date of the bond, under such regulations as the Directors may see fit to adopt. § 4. None of the provisions of the first article of the act entitled "An act concerning Corporations," shall apply to the Hannibal and St. Joseph Railroad Company, except sections four, five, six, seventeen and twenty-three of the said act; each stockholder of the said company shall be individually liable to the creditors of the company to an amount equal to the amount unpaid on the stock held by him for all the debts and liabilities of the company, until the whole amount of the capital stock so held by him shall have been paid to the company. § 5. Said company shall have full power to survey, mark out, locate and construct said railroad, and for that purpose may hold a strip of land not exceeding one hundred feet wide, except where it may be necessary for turnouts, embankments or excavations, in which case they may hold sufficient a width for such purpose and for the preservation of the road, and may also hold sufficient land for the erection and maintenance of depots, landing places or wharves, engine houses, offices, machine shops, warehouses, and wood and water stations. § 6. In all cases where subscriptions of stock have heretofore been made by the County Courts of any counties, the Common Council of any incorporated city, or the Trustees of any incorporated town, such subscription shall be held valid and binding upon such counties, cities or town, if approved of hereafter by the said County Courts, Common Council, or Board of Trustees, as the case may be. § 7. Nothing in this act shall be construed to authorize said company to change the route for said road, so as to avoid passing by Palmyra, in Marion county. § 8. Hereafter a person who holds an office in said company, either by appointment of the Directors or otherwise, shall not be permitted to act as the proxy of any stockholder at any election held by them under the provi sions of this charter; and no person shall act as proxy of more than one city, one town, one county, one corporation, or of the individual stockholders of any one county. Approved February 23, 1853. AN ACT to amend an act entitled "An act to incorporate the Hannibal and St. Joseph Railroad Company." §1. Stock may be declared forfeited, when. § 4. Gauge of road. 2. Power to build road over roads, streets and rivers; duty of company. 5. Before art shall take effect, duty of company. 3. Certain sections of an act to amend re 6. pealed. Persons injured by unlawful acts of company may prosecute; proviso. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. It shall be lawful for the Board of Directors of the Hannibal and St. Joseph Railroad Company, at any regular or called meeting, to declare forfeited to the use of the company all subscriptions to its capital stock, and all previous payments thereon, in all cases where such subscriber, either resident or non-resident, refuses or neglects to pay the installments called for within four months after notice being given as required by the charter of said company. § 2. The company shall have full power and authority to build said road along or across any State, county, or private road, and the streets, alleys and wharves of any town or village, whether corporate or otherwise, and over any river or stream declared a public highway; Provided, The navigation of such river or stream is not injured thereby. Whenever said railroad shall cross any State, county, or private road, it shall be the duty of the company to keep good and sufficient causeways or bridges for crossing the same, and whenever said railroad shall run along any street or wharf, the road shall be so constructed as not to hinder or prevent the public from using the same. When any person shall own land lying on both sides of said road, said company shall, when required, make and keep in good repair one causeway for the use of the owner of said land and other persons. § 3. That sections eleven and twenty-one of the act to which this is an amendment, be and the same are hereby repealed.* § 4. The width between the rails, or gauge of said railroad, shall be five feet six inches, as required by other railroads in this State. § 5. The said company shall file in the office of the Secretary of State an acceptance of this act before any part of it shall take effect; said acceptance to be signed by the President under the corporate seal of said company. § 6. Any person injured by the unlawful acts of the officers, agents or servants of said company, may prosecute a writ against said company in See pp. 12, 13. the proper court of the county in which the unlawful act complained of was committed, and all process issued in such writ, shall be served and returned in the manner now required by law; Provided, however, That this section shall not be construed to authorize a suit against said company for the causes herein enumerated, in the courts of any county which does not border upon or adjoin said railroad, or through which said railroad does not pass. Approved March 3, 1855. PACIFIC RAILROAD COMPANY. THE ACT INCORPORATING, AND ALL ACTS AMENDATORY THEREOF. AN ACT to incorporate the Pacific Railroad. § 1. Style of corporation; capital $10,000,000; | § 11. powers, &c. 2. John O'Fallon and others first Board of 3. Election for Directors; when held. 5. Powers and duties of Directors. 7. Powers of company. 8. Relinquishments; how taken. 9. Where owner refuses right of way; proceedings. 10. Appraisers; their duties. 12. Where route crosses road, &c.; duty of company. Road; within what time to be com- 13. Dividends; when declared, &c. 18. Persons ceasing to be a stockholder no 19. For injuries done track; punishment. 20. Operations of company; to what confined. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. A company is hereby incorporated, called the Pacific Railroad, the capital stock of which shall be ten millions of dollars, to be divided into shares of one hundred dollars each; the holders of which, their successors and assigns, shall constitute a body corporate and politic, and by the name aforesaid shall have continued succession, may sue and be sued, plead and be impleaded, defend and be defended against, and may make and use a common seal, and shall be able, in law and equity, to make contracts; may take, hold, use, possess and enjoy the fee simple or other title in and to any real estate, and may sell and dispose of the same; may make by-laws, rules and regulations proper for carrying into effect the provisions of this act, not repugnant to the constitution or laws of the United States, or of this State, and shall have the usual and necessary powers of companies for such purposes. § 2. John O'Fallon, Louis V. Bogy, James H. Lucas, Edward Walsh, George Collier, Thomas B. Hudson, Daniel D. Page, Henry M. Shreve, James E. Yateman, John B. Sarpy, Wayman Crow, Joshua B. Brant, Thomas Allen, Robert Campbell, Pierre Chouteau, junior, Henry Shaw, Bernard Pratte, Ernst Angelrodt, Adolphus Meyer, Lewis A. Benoist, and Adam L. Mills, or any nine of them, shall constitute the first Board of Directors under this act, and shall hold their offices until their successors shall be qualified; they shall meet at such time and place as shall be designated by any three of them, and organize as a Board of Directors, and when organized they shall cause books to be opened for the subscription of the capital stock of said company, at such times and places as they may designate, under the supervision of such persons as they may appoint, and may continue them open so long as they may deem proper, and may reopen such books when necessary, until the whole stock shall be subscribed. § 3. So soon as two thousand shares shall be subscribed, the Directors shall cause an election to be held for nine Directors, at such time and place as they may appoint, and give notice of in two or more public newspapers. § 4. An election for nine Directors shall be held on the last Monday in March, in each year, and if not held on that day, an election may be held. at any other time that the Directors shall designate; the election shall be held under the supervision of one or more stockholders, and the persons receiving the highest number of votes shall be elected, and shall continue in office till their successors be qualified. Every stockholder shall be entitled to one vote for each share held by him, and he may vote by proxy; soon after their election, the Directors shall meet and elect one of their number President, who shall hold his office for the term for which he was elected Director, and until his successor shall be qualified. § 5. The Directors shall appoint agents, clerks, engineers, superintendents, and other officers and servants for said company; shall keep a journal of their proceedings; shall cause correct books and accounts to be kept; they may determine by by-laws what number of Directors shall constitute a querum; and may appoint committees, and fill all vacancies in any office under said company; they shall fix the salaries of the President, and the officers and agents; but no Director shall receive any compensation for his services as such. They may take security from their officers and agents, and may adopt such measures and do such acts as will be best calculated to promote the prosperity and usefulness of said company. § 6. The Directors shall make and advertise calls for the payment of the capital stock, at such times and in such manner as they may deem proper; and if any stockholder shall fail to pay any such requisition within ten days after the time appointed, the said company may recover the same with interest, and if not collected may declare the stock forfeited and sell the same; and no delinquent stockholder shall vote in said company. § 7. Said company shall have full power to survey, mark, locate, and construct a railroad from the city of St. Louis to the city of Jefferson, and thence to some point in the western line of Van Buren county, in this State, with a view that the same may be hereafter continued westwardly to the Pacific ocean; and for that purpose may hold a strip of land not exceeding one hundred feet wide, and may also hold sufficient land for the construction of depots, warehouses, and water stations; and may select such route as may be deemed most advantageous, and may extend branch railroads to any point in any of the counties in which said road may be located. § 8. Said company may take voluntary relinquishments of the right of way for said road, and the necessary depots and water stations; and if the land through which such road shall pass shall belong to minors, in whole or in part, the guardian or curator of such minor shall have power to convey to said company so much of the land as may be necessary for the purposes aforesaid, on fair and equitable terms; but every such conveyance by a guardian shall be subject to the approval or rejection of the Probate or County Court in which such guardianship is pending. § 9. If any owner of any tract of land through which said railroad shall pass, shall refuse to relinquish the right of way for said road to said company, or if the owners be infants or persons of unsound mind, or non-residents of the State, the facts of the case shall be specifically stated to the Judge of the Circuit Court of the county in which such lands are situated, and said Judge shall appoint three disinterested citizens of the county to view said lands, who shall take into consideration the value of the land, and the advantages and disadvantages of the road to the same, and shall report under oath what damages will be done to said land or any improvement thereon, stating the amount of the damages assessed, and shall return a plat of the land thus condemned. Notice of such application to Judge shall be given to the owner of such land five days before the making of the application, if such owner reside in this State, or to his guardian; and if such owner be a non-resident of this State, he may be served with actual notice, or by an advertisement for four weeks in some public newspaper. § 10. The persons appointed to view and value such land shall file their report and plat in the office of the Clerk of the Circuit Court of the county in which the land or a part thereof is situated, and if no valid objections be made to said report, the court shall enter judgment in favor of such owner against such company for the amount of damages assessed, and shall make an order vesting in said company the fee simple title of the land in such plat and report described; objections to such report must be filed within ten days after the same shall be filed, which objections shall be examined by said Judge, in term time or vacation, and he may hear testimony and by judgment confirm said report, or may set the same aside and appoint three other viewers, who shall proceed in the same manner and make their report, until a report shall be confirmed. In all such cases the court shall adjudge the costs of the proceedings according to equity, and the said court shall have power to make such orders and take such other steps as will promote the ends of justice between the owners of such land and said company. § 11. Said company may build said road along or across any State or county road, or the streets or wharves of any town or city, and over any stream or highway; but whenever said railroad shall cross any State or county road, said company shall keep good and sufficient causeways or other adequate facilities for crossing the same; and said railroad shall not be so |