Corporations heretofore formed in to remove place of business. this Act, shall not be allowed to engage in such business within this Territory, and shall be disregarded in law, and denied the rights and privileges of corporations. SEC. 26. All corporations heretofore formed under the provisions of Acts of incorporation in other States or Territories, other States and holding or owning property within this Territory of such a character as specified in section first of this Act, and managed by a Board or Boards of Trustees or Directors, and having their principal place of business outside the limits of this Territory, are hereby required to remove their places of business, principal offices, books, and papers, heretofore kept or necessary for the transaction of such business, to some point to be designated by said corporation within the limits of this Territory, within six months after the passage of this Act, or otherwise such corporation or corporations shall be disregarded in law as a corporation, and the corporators or stockholders thereof be treated as tenants in common or joint owners of such property so owned or held within this Territory. Any corporation, by filing and recording its certificate of incorporation, or a certified copy thereof, with the Secretary of the Territory, and with the Clerk of the county in which such corporation may locate as the principal place of business, and fully complying with all the provisions of this Act, shall be deemed sufficient to entitle such corporation to all the rights and privileges under the provisions of this Act. Other requirements. Act construed. SEC. 27. If, at any time, any company incorporated, or who may have removed from any other Territory or State, under the provisions of this Act, shall desire to remove its office or principal place of business, it shall be necessary and is hereby required that a certified copy of the certificate of incorporation, as provided for in section two of this Act, shall be filed in the Clerk's office of the county to which such removal is made, and by complying with the provisions of this section of this Act, any corporation shall at any time have the right to remove its principal place of business to any county within the Territory of Nevada. SEC. 28. Nothing in this Act shall be so construed as to include within its provisions either telegraph, railroad, stage, express, or insurance companies. SEC. 29. This Act shall take effect from and after its passage. Corporators. CHAP. CXXVI.-An Act to incorporate the Virginia and Truckee [Approved December 20, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That John H. Atchison, Theodore Winters, M. C. Hillyer, Perry G. Childs, William L. Lowe, S. H. Robinson, W. H. Forbes, F. B. Higgens, J. M. Livingston, J. Neely John son, and A. J. Center, are hereby created a body corporate, by and under the name of the Virginia and Truckee Railroad Company, and that they shall have the right to lay out, construct, maintain, and operate a single or double track railroad in this Territory, beginning at or near Virginia City, and to run thence, by the most practicable route, to or near the Half Way House, Route. on the Virginia City and Carson City Road; thence from a point near said Half Way House, by the most practicable route, to Carson City; thence from a point which said company may select, between said Half Way House and Carson City, by the most practicable route, to Washoe City, at the north end of Washoe Valley. Said company shall also have the right and Branch road. privilege of extending and building a branch railroad, with single or double track, from said Washoe City, by the most practicable route, northwardly to whatever point said company may select on the Truckee River; thence from said point in a westerly direction, to the boundary line between this Territory and California; also, shall have the right to extend and build a branch of their said railroad from said point at or near the Half Way House, to Dayton, SEC. 2. The persons herein before mentioned are hereby in- Powers of corporated as aforesaid, and such corporation shall have the company. right and privilege aforesaid of operating and maintaining the said railroad and branches for the period of fifty years from and after the date of the taking effect of this Act, as hereinafter provided, and also the right of succession by and under said corporate name for and during that period. They are also hereby made capable in law, by and under their said name of the Virginia and Truckee Railroad Company, of purchasing, holding, and conveying lands, tenements, and hereditaments, to the extent required by the necessities of their said railroad and the business of said company, and are empowered to grant, lease, or in anywise dispose of the same, to contract and be contracted with, to sue and be sued in any Court of this Territory, and to make and use a common seal, and alter the same at pleasure; also, shall have full power and authority to borrow money and create indebtedness in behalf and in the name of the company or corporation; to accept credit from laborers, employés, and officers of the company, and others, and from persons furnishing materials, supplies, or tools for the work, or making advances to or for the company, or payments for or in behalf of the company; and to execute and deliver to its creditors the bonds of the company, with or without coupons, or such other evidences of indebtedness as they or others may be willing to accept, and to secure the payment thereof, if desired, by pledge of the capital stock of the company, or by mortgage of any or all of the real or personal property of the company. The stock of said company shall be held and deemed personal property, and may be transferable as shall be prescribed by the by-laws of the company. SEC. 3. And said company shall have further power, to wit: Further First-To fix and name, and establish the amount of their powers. Further powers. Same. Same. Same. Same. capital stock, and the number and value of the shares thereof, and to alter the same. Second-To appoint such Directors, Trustees, and other officers and Agents, as the business of said corporation may require, to define their duties and liabilities, and to allow them suitable compensation. Third-To make by-laws and orders, not inconsistent or in conflict with the laws of this Territory, for the management of its property, the government and regulation of its affairs, and the transfer of its stock, and such by-laws and orders when so made shall be binding upon the members of said company. SEC. 4. The company shall keep an office within this Territory, where the records of the company shall be kept, and where, during business hours, they shall be open to the inspection of the stockholders; and may also keep such branch offices as they may desire or shall be necessary for the business of the company, beyond the limits of the Territory. SEC. 5. Said persons herein before mentioned, or said corporation, shall complete their organization for the purposes herein named, and shall cause such examination and surveys of said railroad to be made as may be necessary for the selection of the most practicable and advantageous route for the same, as designated in the first section of this Act, and may adopt such route or routes as shall be found by them to be most practicable and eligible for that purpose, and commence work upon the same within nine months from the passage of this Act, and by their officers, employés, and Agents, are empowered to enter upon the lands or waters of the public domain, or of any private person, in carrying out the provisions of this Act, under the provisions and restrictions hereinafter named. SEC. 6. Said corporation is also hereby empowered to receive, hold, take, and convey, by deed or otherwise, the same as a natural person might or could do, such voluntary grants and donations of real estate and other property of every description as shall be made to them to aid and encourage the construction, operation, and maintenance of their said road; also to purchase lands, to purchase timber, stone, gravel, and other material to be used in the construction of its road, depots, shops, and other buildings necessary; also to cross, intersect, join, and unite its railroad with any other railroad, either before or after constructed, at any point upon its route, and upon the ground of such other railroad company, with the necessary turnouts, sidings, switches, and other conveniences, in furtherance of the objects of such connections; also to construct their said railroad along or upon any stream of water, street, road, avenue, or highway, or across any railway, canal, ditch, or flume, which the route of the same shall intersect, cross, or run along, in such manner as to afford security to life and property. SEC. 7. Said corporation is further empowered to take, transport, and carry persons, and property, or freight, on their said railroad, by the force and power of steam, of animals, or other power, or by any combination of the same; also to collect and receive tolls and compensation therefor; also regulate the time and manner in which passengers and property shall be transported over or upon the said road, and the tolls and compensa tion to be paid therefor, and to make all needful and proper rules and regulations for the management of their business, the working of their road, and the regulation and speed of the locomotives, trains, and other machinery connected with the same; said corporation shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice; and shall furnish sufficient accommodations for the transportation of all passengers and property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting, and at the junctions of other railroads, and at stopping places established for receiving and discharging way passengers and freight, and shall take, transport, and discharge such passengers and property at, from, and to such places on the due payment of freight and fare established and authorized by said company or Directors thereof; and if any passenger shall refuse to pay his fare, it shall be lawful for the Conductor of the train and the employés of the corporation to put him out of the cars at any stopping place the Conductor shall select. SEC. 8. The persons herein before mentioned, or said corpo- Right of way ration, shall have the right of way two hundred (200) feet in width upon or over lands in this Territory upon which to survey and build and lay down their said railroad; also, shall have sufficient space or room upon such lands for turnouts, sites for buildings, conduits, and tanks; also, sites for machine and other shops, depots, and store houses, and such lateral tracks as may be required for the same; and the said company shall have the right to enter upon all such lands, and to take and hold the same, and remove all obstructions therefrom, whenever it may become necessary for them so to do; also, to enter upon any land adjoining said railroad, or near the same, and obtain therefrom gravel, stone, timber, and other materials, such as may be necessary for the construction of said road, whenever the same or any lands or water may be required by said company for their use in the construction, as aforesaid, of their said road, and the same shall belong to individuals or companies, and shall not be donated or granted to said company; the compensation to be paid therefor shall be determined as follows: Said company shall apply to one of the District Judges of this Territory for the appointment of three Commissioners, whose duty it shall be, as soon as practicable after they shall have been appointed, to proceed to assess the damages which may be sustained by the several owners of the land through which the road of said company is located; and said Commissioners, in assessing such damages, shall deduct therefrom the benefit or value which said land may receive in consequence of the construction of said railroad through or near the same; the said company shall give thirty days notice of their application for the appraisement by such Commissioners, in one or more newspapers published in each of the counties through which said road may run; and when no newspaper is published in any one of said counties, then the said notice shall be posted the same length of time in three public places in the said county; and the said Commissioners shall cause ten (10) days notice to be given of their meeting to make such appraisement of damages sustained by persons. Penalty for injury to road. Time for road. through whose lands such road shall pass, by publication or otherwise, to the owner or owners thereof; and if said owner or owners of the same shall be a minor or insane person, such notice shall be given to their Guardian or Guardians; either party feeling aggrieved by the decision of said Commissioners, may appeal to the District Court of the district in which said land may be situated; and said appeal shall be tried in the same manner as if commenced therein; provided, said company shall not in any way or manner be delayed in the construction of said road by such appeal, but may proceed without detention or delay with such construction upon paying into the office of the Clerk of said Court the amount of money awarded to the owner or owners of said land, and filing a bond with the said Clerk, to said owner or owners, binding said company to pay such sum of money as may be finally awarded against them the said company. SEC. 9. If any person shall wilfully and maliciously obstruct or injure the said railroad of said company, or anything belonging thereto, or any of the property of any description belonging to said company and appertaining to said road, such person shall be deemed guilty of a misdemeanor, and shall be punished accordingly, and for every such offence, shall be liable to said company for double the amount of damage it shall suffer thereby, the same to be recovered by said company by civil action in any Court having jurisdiction thereof. SEC. 10. The said company shall complete the building and completing laying down the main trunk of said railroad, from the initial point of the same to Carson City and Washoe City, within three years from the passage of this Act, otherwise shall forfeit the right of way for the same; and shall complete the branches of said railroad, as named in this Act, within four years from the passage of this Act, otherwise shall forfeit the right of way for said branches. Force and of Act. SEC. 11. This Act shall be in full force and effect from and construction after the expiration of eighteen months after and next ensuing the passage of the Act incorporating the Virginia, Carson, and Truckee Railroad Company; nor shall this law be construed to interfere in any manner with the rights vested in the corporators named in said Act incorporating, as aforesaid, the said Virginia, Carson, and Truckee Railroad Company, during the said period of eighteen months next ensuing the passage of said Act, but it is intended to be in full force and operation in the event that the said Virginia, Carson, and Truckee Railroad Company shall not comply with the requirements of the Act of incorporation. SEC. 12. This Act is hereby declared to be a public Act, and shall be favorably construed in all the Courts of this Territory, and may be hereafter amended in any manner not impairing the vested rights of said company. |