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SEC. 3. If any person shall willfully lead or drive, or cause to be led or driven, any horse, ox, ass or mule, hauling any stone or timber, or hauling any sled, sleigh, wagon, cart, dray, or any other carriage or thing whatsoever, (except railroad cars,) along or over any railroad belonging to the State, or over any bank, wall, sideway, turning platform or fixture thereof, except at a bridge or place constructed for crossing the railroad; or if any person shall willfully obstruct the perfect and free use of said railroad, by placing any timber, stone, earth, or any thing whatever on it, or on any sideway or fixture belonging to said railroad, such person shall forfeit for every such offence any sum not exceeding three hundred dollars, and pay all damages consequent upon such of fence; and in case such forfeiture and damages shall not be paid forthwith, such person shall be imprisoned in the jail of the county where such offence may be committed, for a term not exceeding six months, at the discretion and upon the warrant of the court before whom such conviction shall be had.

Sec. 4. Every person who shall willfully ride, lead or drive any horse, ass or mule, or who shall willfully lead or drive any ox, sheep, swine, or other cattle upon any railroad constructed by the State, or upon any of the banks or sideways of such railroad, except for the purpose of hauling railroad cars thereon, or for the purpose of conveying articles to or from the sides of such railroad, to be transported thereon, or delivering at their place of destination, shall forfeit and pay for each of fence, any fine not exceeding twenty-five dollars, and pay all damages consequent upon such offence, over and above the said forfeiture; and in case of default in the immediate payment of such forfeiture and damages, after conviction, such person shall be sentenced to imprisonment in the jail of the county where such offence may be committed, for a term not exceeding thirty days, at the

discretion of the court before whom such conviction shall be had: Provided, That any supervisor or other agent having charge of any portion of the public works of the State, may allow persons wishing to view those works, permission to ride along the same.

SEC. 5. No person shall construct any building, wharf, platform, switch, sideway, lateral railroad, or crossing place, or make and apply any device whatever on the ground set apart for, or belonging to, or forming part of any railroad constructed by the State, or on the banks or excavations thereof, without first obtaining permission therefor from the board of commissioners of internal improvement, or some one of them, in writing; and if any person shall offend against this section, by commencing or making any such construction, or apply such device without such permission, or shall not conform to the directions of said commissioners, or their authorized agents, having charge of such railroad, in respect to the location and size of such building, wharf, platform, switch, sideway, lateral railroad, crossing place, or device as aforesaid, such person shall, for every such offence, forfeit a sum not exceeding one thousand dollars; and the said commissioners, or either of them, or any engineer, superintendent, supervisor, or other agent upon such railroad, shall be authorized at the expense of the person thus attempting, to remove and destroy every such building, wharf, platform, switch, sideway, lateral railroad, crossing place or device as aforesaid.

SEC. 6. The board of commissioners of internal improvement shall have power, from time to time, to make such rules and regulations, not inconsistent with the laws of this State, in respect to the form, size and structure of locomotive engines, tenders and cars on the railroads of the State, the weighing and inspection of en

gines, tenders, cars, and their lading, the collection of tolls, and in respect of all matters connected with the use and preservation of the railroads, and impose such fines and penalties for the breach of such rules and regulations as they may judge reasonable: Provided, That no fine or penalty so imposed shall, for a single offence, exceed the sum of twenty-five dollars.

SEC. 7. All penalties and forfeitures created by this act, or by the rules and regulations which may be established by the board of commissioners, in conformity with the sixth section of this act, the recovery of which is not herein otherwise specifically provided for, and where the penalty does not exceed one hundred dollars, may be sued for and recovered with costs before any justice of the peace, in any county where such penalty and forfeiture may accrue, in the name of the State; and any one of the said commissioners, or any engineer, superintendent, supervisor, collector, or other agent duly appointed by the commissioners, is hereby authorized to sue for and recover the same; or by summary conviction before such justice of the peace, who shall have power in all cases where, by this act, or by the rules and regulations of the commissioners, the penalties and forfeitures are made discretionary, to fix the amount thereof; and the amount of such penalties and forfeitures, when recovered, shall be paid into the treasury of the State: Provided, That whenever an offence is committed against the provisions in the second and fifth sections of this act, the commissioner, officer or agent who instituted the suit for the penalty or forfeiture of such offence, may commence and prosecute the same before any justice of the peace of the proper county, for a sum not exceeding one hundred dollars: And provided further, That if any person or persons thall conceive himself or themselves aggrieved by the judgment of a justice of the peace, he or they

may appeal, by petition, to the next circuit court of the proper county, who shall take such order thereon as to them shall appear just and reasonable, and the same shall be conclusive.

Approved December 30, 1837.

[Revised Statutes of 1846, page 111.]

SEC. 1. All corporations shall, when no other provision is specially made, be capable, in their corporate name to sue and be sued, appear, prosecute and defend all actions and causes to final judgment and execution, in any courts or elsewhere; to have a common seal which they may alter at pleasure; to elect in such manner as they shall determine to be proper, all necessary officers, and to fix their compensation, and define their duties and obligations; and to make by-laws and regulations consistent with the laws of the State, for their own gov. ernment, and for the due and orderly conducting of their affairs, and the management of their property.

SEC. 2. All corporations may, by their by-laws, where no other provision is specially made, determine the manner of calling and conducting their meetings, the number of members that shall constitute a quorum, the number of shares that shall entitle the members respectively to one or more votes; the mode of voting by proxy, the mode of selling shares for the non-payment of assessments, and the tenure of office of the several officers; and they may prescribe suitable penalties for the violation of their by-laws, not exceeding in any case twenty dollars, for any one offence; but no such by-laws shall be made by any corporation repugnant to the provisions of its charter.

SEC. 3. The first meetings of all corporations, unless otherwise provided for in their acts of incorporation, shall be called by a notice signed by one or more of the persons named in the act of incorporation, setting forth the time, place and purposes of the meeting; and such notice shall, at least twenty days before the meeting, be delivered to each member, or published in some newspaper of the county where the corporation shall be established, or if no newspaper be published in the county, then in some newpaper published in an adjoining county.

SEC. 4. Whenever, by reason of the death, absence, or other legal impediment of the officers of any corporation, there shall be no person duly authorized to call or preside at a legal meeting thereof, any justice of the peace of the county where such corporation is established may, on a written application of three or more of the members thereof, issue a warrant to either of the said members, directing him to call a meeting of the corporation, by giving such notice as shall have been previously required by law; and the justice may, in the same warrant, direct such person to preside at such meeting until a clerk shall be duly chosen and qualified, if there shall be no other officer present legally authorized to preside thereat.

SEC. 5. When all the members of a corporation shall be present at any meeting, however called or notified, and shall sign a written consent thereto on the record of such meeting, the doings of such meeting shall be as valid as if legally called and notified.

SEC. 6. The members of such corporation, when so assembled, may elect officers to fill all vacancies then existing, and may act upon such other business as might lawfully be tranascted at regular meetings of the corporation.

SEC. 7. Every such corporation may hold land to an

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