held annually.

Of extra meetings.

SEC. 7. That a general meeting of the stockMeeting to be holders of said company shall be held annually, at the time and place appointed for the adpointment of president and directors; and a meeting may be called at at any time during the interval between said annual meetings, by the president and directors, or by the stockholders owning not less than one fourth of the whole stock, by giving thirty days public notice of the time and place of meeting; and when any such meetings are called by the stockholders the notice shall specify the particuliar object of the call; and if at any meetings thus called, a majority in value of the stockholders are not present, in person or by proxy, such meeting shall be adjourned from day to day, not exceeding three days, withWhen meet out transacting any business; and if within three days, stockholders having a majority of the stock do not attend such meeting, then the same shall be dissolved.

ing dissolved.

When presi.

tors to ac

count.

SEC. 8. That at the regular annual meetings of the stockholders of said company, it shall be dent and direc the duty of the president and directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company; and at any called meeting of the stockholders, a majority of those present in person or by proxy, may require similar statements from the president and directors, whose duty it shall be President and to furnish them when thus required; and at all be removed. general meetings of the stockholders, a majority

directors may

in value of all the stockholders in said company, may remove from office any president or any of the directors of said company, and may appoint others in their stead.

dent and di

SEC. 9. That every president and director of Oath of presisaid company, before he acts as such, shall rectors. swear or affirm, that he will well and truly dis-charge the duties of his office to the best of his skill and judgment.

and remove of

SEC. 10. That the president and directors, or May appoint a majority of them, shall have power to appoint, ficers &c. contract with, and determine the compensation of all such officers, engineers, agents or servants whatsoever, as they may deem necessary for the trensaction of the business of the company, and remove them at pleasure; and the said president and directors, or a majority of them, shall have power to determine the manner of adjusting and To settle acsettling all accounts against the company; also, by-laws &c. the manner and evidence of transfers of stock in said company; and they shall have power to pass all by-laws which they may deem necessary for carrying into execution all the power vested in the company hereby incorporated: Provided, Such by-laws shall not be contrary to the laws of this territory or the constitution or laws of the United States.

counts, make

SEC. 11. That the president and directors of said company shall be, and they are hereby in- To construct vested with all the priviliges, rights and powers road in repair. necessary for the location, construction and

and keep said

keeping in repair said Rail Road, not exceeding one hundred feet in width; and the said president and directors, or their agents, or those with whom they may contract for making said road, or any part of it, may enter upon, use May contract and excavate any land which may be wanted excavate any for the site of said Rail Road, or any other

for, use and

land, &c.

May agree for

pur

pose which is necessary in the construction or repair of said road or its works, so soon as the amount is ascertained, and tendered as herein. after provided.

SEC. 12. That the president and directors of said company may agree with the owner or materials, &c. Owners of any land, earth, timber, gravel, stone or other materials, or any articles whatsoever, which may be wanted in the construction or repair of said road or any of its works, for the purchase or occupation of the same; and if How to pro- such materials (not previously taken or approties cannot a- priated by the owner to any particular use) as

ceed when par

gree.

may be necessary for the construction or repair of said Rail Road, be found on any unimproved land adjoining to or near the same, and if the parties cannot agree, or if the owner or owners of any of them be a feme covert, under age, non compos mentis, or out of the county in which the property wanted may lie, application may be made to any justice of the peace of such county, who shall thereupon issue his warrant, under his hand and seal, directed to the sheriff of said county, or, if the sheriff be interested, to

come disinterested person, requiring him to summon a jury of twelve freeholders in the Jury to besumcounty, not in any way interested in the matter

moned &c.

or related to the parties, to meet on or near the property or materials to be valued, on a day named in said warrant, not less than five nor more than ten days after the issuing of the same; and if at the said time and place any of the persons summoned do not attend, the said sheriff or summoner shall immediately summon as many as may be necessary, with the persons in attendance as jurors, to furnish a pannel of twelve jurors, and from each party, or his, or her, or their agent or attorney, or if either be not present in person or by agent, the sheriff or summoner for him, her or them, may strike off three jurors, and the remaining shall set as a jury of inquest of damages, and before they act as such, the sheriff or summoner shall administer to each of them an oath or affirmation, that they will justly and impartially value the damage which the owner or owners will sustain by the use or occupation of the land, materials, or other property required by said company; and the said jury shall reduce their inquisition to writing, and shall sign and seal the same, and it be in writing shall thence be sent to the clerk of the circuit circuit court.

court of said county, and by said clerk filed in his ofice, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown; and when confirmed, the

Inquisition to

and sent

to

same shall be recorded by said clerk, at the expense of said company; but if set aside, said court may direct another inquisition, to be taken in the manner above prescribed: said inquisition shall describe the property taken, or Valuation ten. the bounds of the land condemned. Such valuty to vest in ation, when paid or tendered to the owner or

dered proper

company &c.

When compa

ny to make

wagon ways, &c.

owners of said property, his, her, or their legal representatives, shall entitle said company to the estate and interest in the same, thus valued, as fully as if it had been conveyed by the owner or owners of the same, for such term of time as the said company shall occupy the same as a Rail Road; and if valuation be not received when tendered, it may at any time thereafter be received from the company without cost; and the sheriff and summoners and jurors shall be allowed the ordinary fees for like services, to be taxed by the court.

SEC. 13. That whenever in the construction of said Rail Road, it shall be necessary to cross or intersect any established road, it shall be the duty of the said president and directors so to construct the said Rail Road across such established roadas not to impede the passage or transportation of persons or property along the same; or when it shall be necessary to construct it through the land of any individual, it shall be their duty to provide for such individual, proper wagon ways across said road from one part of his land to another.