GENERAL RAILROAD ACT. Section 1. Manner of organization; articles to be filled in office of Secretary of State. Section 2. Conditions of filling. Section 3. Evidence of incorporation. Section 4. Manner of subscribing for additional stock. Section 5. Directors and their election; vacancies; inspectors of election; qualifications for director; purchasers of property of railroad corporation may, with others, become a corporation and associate with any number of persons and make and file articles; not to authorize increase of fare. Section 6. Officers, how appointed. Section 7. Subscriptions, how paid and how forfeited. Section 8. Stock declared personal estate; company prohibited from purchasing the same Section 9. Capital stock; how it may be increased; notice to be published; penalties for violation. Section 10. Liabilities of stockholders. Section 11. Representative stock. Section 12. Payment of laborers' wages; liability of railroad company; notice to be given railroad company, and what to state; how verified and served; when actions to be commenced. Section 13. How title to real estate is acquired. Section 14. By petition to Supreme Court; allegations necessary; copy petition upon whom served: 1. How served on residents 2. How served on non-residents; if residence known, copy to be sent by mail. 3. How served on infants. 4. How served on idiots. 5. Service where residence is unknown. 6. Court to appoint guardian for infants. 7. Service in cases not enumerated. Section 15. Appraisal of damages. Section 16. Commissioners of appraisal; commissioners to make report to Supreme Court. Section 17. On report being made; company to give notice, report, how confirmed. Section 18. Order, where to be recorded; its effect where company neglects to have order recorded; real estate thus acquired for public use; appeals, when heard; new appraisal. Section 19. Adverse claims to compensation; how settled. Section 20. Protection of unknown parties; amending proceedings. Section 21. Proceedings when title is defective; additional land, how acquired; water rights; right of way; acquiring by purchase; condemnation; limitation; proviso in case of mortgagee or receiver. Section 22. Map of route of railroad to be filed before construction; notice to occupants of lands; objections to route, how made; the application to Supreme Court to be accompanied with map of proposed alterations; court to appoint com. missioners to examine, who may affirm or alter route; engineer, on commission, must concur; determination, map and testimony to be filed; appeals; a court may affirm route or adopt alteration; the pay of commissioners. Section 23. Directors may change route; survey: may acquire land; alteration in city or village; compensation; prohibits alteration when certain bonds have been issued. Section 24. Crossings and intersections; how additional lands for, taken. Section 25. State lands, how acquired by company. Section 26. Title, how acquired; when trustees, guardian or committee are not authorized to sell. Section 27. Weight of iron rails on grades, etc.; how to apply act. Section 28. Additional powers conferred: 1. May enter upon lands for purpose of survey. 2. May hold voluntary grants of real estate. 3. May purchase, hold and use real estate; reference to Indian lands. 4. Construction of road. 5. May construct road across any stream, canal and highway; bridges or obstruction prohibited; streets in cities not to be used without consent of corporation, nor along highways, without order of Supreme Court. 6. Right to cross, intersect, etc., other railroads; proceeding in case two railroads cannot agree; companies shall receive from such other and forward freight. 7. Conveyance of passengers and property. 8. Buildings and stations. 9. Time and manner of transportation, and rates of fare. 10. May borrow money necessary for completion or operation of road. Section 29. Canal tolls, etc., repealed. Section 30. Conductors and servants to wear badges. Section 31. Annual report. Section 32. Penalty for not making annual report. Section 33. Legislature may alter or reduce rate of freight, fare, etc. Section 34. Mails. Section 35. Passengers refusing to pay fare. Section 36. Notice of times of starting, etc.; preferences forbidden. Section 37. Baggage arrangements; checks to be given; penalty for refusal. Section 38. Passenger trains, how formed; penalty. Section 39. Repealed. Section 40. Sign-boards at road crossings; size of inscription; proviso. Section 41. Punishment of railroad employees for intoxication; punishment in case of death or injury of persons by reason of neglect occasioned thereby. Section 42. Persons injuring railroad property; how punished. Section 43. Penalties; how sued for. Section 44. Fencing; penalty for driving animals on railroads; unlawful to walk upon track. Section 45. Maps to be filed with State Engineer and Surveyor and in county clerks' offices; scale of maps. Section 46. Duty of passengers. Section 47. Road when to be commenced and faished. Section 48. Legislative power to dissolve. Section 49. What sections of this law applicable to existing corporations. Section 50. General repeal. Section 51. New York and Erie railroad. Manner of organization; articles to be filed in office of Secretary of State. SECTION 1. Any number of persons, not less than twenty-five, may form a company for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property, or for the purpose of maintaining and operating any unincorporated railroad already constructed for the like public use; and for that purpose may make and sign articles of association, in which shall be stated the name of the company; the number of years the same is to continue; the places from and to which the road is to be constructed, or maintained and operated; the length of such road as near as may be, and the name of each county in this State through or into which it is made, or intended to be made; the amount of the capital stock of the company, which shall not be less than $10,000 for every mile of road constructed, or proposed to be constructed, and the number of shares of which said capital stock shall consist, and the names and places of residence of thirteen directors of the company, who shall manage its affairs for the first year, and until others are chosen in their places. Each subscriber to such articles of association shall subscribe thereto his name, place of residence, and the number of shares of stock he agrees to take in said company. On compliance with the provisions of the next section, such articles of association may be filed in the office of the Secretary of State, who shall indorse thereon the day they are filed, and record the same in a book to be provided by him for that purpose; and thereupon the persons who have so subscribed such articles of association, and all persons who shall become stockholders in such company, shall be a corporation by the name specified in such articles of association, and shall possess the powers and privileges granted to corporations, and be subject to the provisions contained in title 3 of chapter 18 of the first part of the Revised Statutes, except the provisions contained in the seventh section of said title. See title 3 of chap. 18 of the first part of the Revised Statutes referred to in above sec-. tion, pages 336, 337 hereof. Also amended certificates. § 1, chap. 829, Laws of 1872, page 349 hereof. See chap. 135 Laws of 1870, at page 4065 hereof. Part of line in another State, chap. 19, Laws of 1851, page 349. As to reorganization, see chap. 430, Laws of 1874, page 367 hereof, Narrow Gauge Roads, see §§ 5, 6, 7, chap. 560, Laws of 1871, pages 347, 348 hereof. To operate roads in foreign countries see chap. 468, Laws of 1881, page 351 hereof. Conditions of filing. 2. Such articles of association shall not be filed and recorded in the office of the Secretary of State, until at least $1,000 of stock for every mile of railroad proposed to be made is subscribed thereto, and ten per cent paid thereon in good faith, and in cash, to the directors named in said articles of association; nor until there is indorsed thereon, or annexed thereto, an affidavit made by at least three of the directors named in said articles, that the amount of stock required by this section has been in good faith subscribed, and ten per cent paid in cash thereon as aforesaid, and that it is intended in good faith to construct or to maintain and operate the road mentioned in such articles of association, which affidavit shall be recorded with the articles of association, as aforesaid. Evidence of incorporation. 3. A copy of any articles of association filed and recorded in pursuance with this act, or of the record thereof, with a copy of the affidavit aforesaid indorsed thereon or annexed thereto, and certified to be a copy by the Secretary of this State, or his deputy, shall be presumptive evidence of the incorporation of such company, and of the facts therein stated. Manner of subscribing for additional stock. 4. When such articles of association and affidavit are filed and recorded in the office of the Secretary of State, the directors named in said articles of association may, in case the whole of the capital stock is not before subscribed, open books of subscription to fill up the capital stock of the company, in such places and after giving such notice as they may deem expedient, and may continue to receive subscriptions until the whole capital stock is subscribed. At the time of subscribing, every subscriber shall pay to the directors ten per cent on the amount subscribed by him, in money; and no subscription shall be received or taken without such payment. Directors and their election; their numbers; vacancies; inspectors of election; qualifications for director; purchasers of property of railroad corporation may, with others, become a corporation and associate with any number of persons and make and file articles; not to authorize increase of fare. § 5. There shall be a board of thirteen directors of every corporation formed under this act to manage its affairs, and said directors shall be chosen annually by a majority of the votes of the stockholders voting at such election, in such manner as may be prescribed in the by-laws of the corporation, and they may and shall continue to be directors until others are elected in their places. In the election of directors each stockholder shall be entitled to one vote personally or by proxy, on every share held by him thirty days previous to any such election; and vacancies in the board of directors shall be filled in such manner as shall be prescribed by the by-laws of the corporation. The inspectors of the first election of directors shall be appointed by the board of directors named in the articles of association. No person shall be a director unless he shall be a stockholder, owning stock absolutely in his own right and qualified to vote for directors at the election at which he shall be chosen; and at every election of directors the books and papers of such company shall be exhibited to the meeting if a majority of the stockholders present shall require it. And whenever the purchaser or purchasers of the real estate, track and fixtures of any railroad corporation which has heretofore been sold, or may be hereafter sold, by virtue of any mortgage executed by such corporation, or execution issued upon any judgment or decree of any court shall acquire title to the same in the manner prescribed by law, such purchaser or purchasers may associate with him and them any number of persons, and make and acknowledge and file articles of association as prescribed by this act. Such purchaser or purchasers and their associates shall thereupon be a corporation with all the powers, privileges and franchises and be subject to all the provisions of said act. The purchaser or purchasers or the grantee or grantees of any purchaser or purchasers of the real estate, track and fixtures of any railroad corporation which has heretofore been sold, or may be hereafter sold, by virtue of any mortgage, or by virtue of any judgment, decree or order of any court having jurisdiction in the premises, may associate with him or them any number of persons and make and acknowledge and file articles of association as prescribed by the first section of this act ; such articles shall be entitled to be filed when there is indorsed thereon an affidavit made by at least three of the directors named in said articles, that it is intended in good faith to maintain and operate the road mentioned in such articles, and upon the filing thereof, so indorsed, the parties making such articles of association and their associates, shall thereupon be a corporation with all the powers, privileges and franchises, and subject to all the provisions of this act. Nothing herein contained shall be construed to authorize any company organized under this act to charge any greater rate of fare than they were authorized by law to charge previous to such reorganization. (Thus amended, Laws of 1854, chap. 282, and Lairs 1873, chap. 710.) Stockholders' meeting. See chap. 510, Laws of 1880, page 409 hereof. When railroad does not exceed twenty miles in length board of directors may consist of seven stockholders. See chap. 582, Laws of 1864, at page 359 hereof. Directors may postpone election. See chap. 586, Laws 1875, at page 40s hereof, and chap. 317, Laws of 1881, at page 406 hereof Authorizing change in time and place of holding elections. See chap. 498, Laws of 1885, page 406. Officers, how appointed. § 6. The directors shall appoint one of their number president; they may also appoint a treasurer and secretary, and such other officers and agents as shall be prescribed by the by-laws. Subscriptions, how paid and how forfeited. § 7. The directors may require the subscribers to the capital stock of the company to pay the amount by them respectively subscribed, in such manner and in such installments as they may deem proper. If any stockholder shall neglect to pay any installment as required by a resolution of the board of directors, the said board shall be authorized to declare his stock, and all previous payments thereon, forfeited for the use of the company; but they shall not declare it so forfeited until they shall have caused a notice in writing to be served on him personally, or by depositing the same in the post-office, properly directed to him at the post-office nearest his usual place of residence, stating that he is required to make such payment at the time and place specified in said notice; and that if he fails to make the same, his stock and all previous payments thereon will be forfeited for the use of the company; which notice shall be served as aforesaid, at least sixty days previous to the day on which such payment is required to be made. Stock declared personal estate; company prohibited from purchasing the same. 8. The stock of every company formed under this act shall be deemed personal estate and shall be transferable in the manner prescribed by the by-laws of the company, but no share shall be transferable until all previous calls thereon |