when taken before said justice in the manner aforesaid, shall be deemed to possess the same force and validity, as the original judgment or proceeding might have had.

SEC. 5. If either of the parties to such proceeding, shall consider himself aggrieved by the decision or proceedings of said justice, had in any such case, he shall have the right of appeal, to the circuit court of Hancock county, upon entering into bond and security as provided in other cases of appeal, of the taking of which appeal he shall duly notify the opposite party.

SEC. 6. This act shall be in force from and after its publication in the Indiana State Journal and Indiana State Sentinel.

CHAPTER CCXXXIII.

An act to incorporate the Aurora Hotel Company.

[APPROVED FEBRUARY 13, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all persons who shall become stockholders pursuant to this act, are hereby created a body corporate, by the name and style of "The Aurora Hotel Company," and by that name shall be capable of contracting and being contracted with, suing and being sued, and of exercising all the powers necessary to carry into effect the purposes contemplated by this act.

SEC. 2. The capital stock of said company shall not exceed fifty thousand dollars, to be divided into shares of fifty dollars.

SEC. 3. The said company shall have power to purchase, acquire and possess such real estate and personal property as may be necessary, or convenient, for the purpose of constructing, furnishing and keeping a Hotel in the city of Aurora, in Dearborn county, and for all purposes therewith connected.

SEC. 4. The said company shall have power to erect all neces sary buildings for the purpose aforesaid, and to lease or rent the same, and rent any rooms in said hotel for any other purpose.

SEC. 5. The stock of said company shall be transferrable only on the books of the company, and shall be deemed personal property. SEC. 6. Said company shall have power to borrow such sums of money, as may be necessary, or convenient, for the purpose aforesaid, and to execute such bonds, mortgages or other security for the

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re-payment thereof, as may be agreed upon between the parties, also to effect such insurance on the property owned by said company, as may deemed proper.

SEC. 7. That Thomas Graff, Peter B. Vail, Oliver P. Cobb and Samuel I. Hoald, be appointed commisioners under this act, any two of whom as soon as may be deemed expedient, may open books in the city of Aurora, for subscription to the stock of said company, and as soon as one hundred or more shares of said stock shall be subscribed for, said commissioners or any two of them, shall give notice by publication, in some newspaper of said city, of the time and place of electing directors for said company, which election shall be held in said city, under the direction of said commissioners or any two of them, at which election five directors shall be elected by the stockholders of said company, each stockholder being entitled to one vote for every share of stock he may own, to be given in person or by proxy, and the five persons (being stockholders,) receiving the highest number of votes shall be elected directors for said company, for one year and until their successors are elected, and an election for not more than five nor less than three directors, as the by-laws of said company may prescribe, shall be held once in each year, at such time and place, and shall be regulated in such manner as the by-laws of said company may designate, the said directors shall elect a president from their own body, and a secretary and treasurer either of their own body or not as they may choose, from whom they may require such bond and security as may be deemed expedient.

SEC. 8. Said directors shall have power to require the payment of the stock subscribed, in such sums, and at such time, as they may deem proper, and may enforce the payment thereof by suit, or may declare the stock of any subscriber and all payments thereon forfeited to said company, for failure to make final payment thereof, and such directors may keep the books open for the subscription to the stock of said company, until the whole is subscribed for, and said directors shall from time to time declare such dividends of the capital stock as they may deem expedient.

SEC. 9. The directors of said company shall have power to adopt such by-laws, rules and regulations, as may be necessary to carry out the purposes contemplated by this act.

SEC. 10. In the event of said company becoming insolvent, the stockholders thereof shall be individually liable for the debts of the company.

SEC. 11. This act shall be in force from and after its passage.

CHAPTER CCXXXIV.

An act to amend the charter of the Evansville and Illinois Railroad Company.

[APPROVED FEBRUARY 13, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That a majority of the directors of the Evansville and Illinois Railroad Company shall constitute a board for the transaction of business.

In case any land owner shall feel aggrieved by the location and construction of said road as heretofore made, or which may be hereafter made over his or her land, or for entering thereon and taking the necessary materials for the construction thereof, and the company have failed to have his or her damages assessed as provided for by their charter, such land holder shall have the right to file his or her complaint before some justice of the peace of the county in which such lands are situate, at any time within two years from the survey and location of said road over such land, stating therein the grounds of complaint, thereupon such justice of the peace shall issue a notice to the president and directors of said company, which shall be returnable within ten days, and shall also cause a jury to be summoned, as provided in the ninth section of the charter of said company, to assess said damages, who shall take the same oath and be governed by the same rules in assessing damages as in said section is specified, and an appeal may be taken by either party to the circuit court of the proper county within thirty days, as in said section is provided, such appeal to be governed in all respects as pointed out in said ninth section; the provisions of said section of the charter aforesaid and of this section shall be deemed and taken to embrace all cases where damages are claimed for water stations: Provided, That said railroad company may in like manner as is provided for in this section file a written complaint before a justice of the peace against any person or persons interested therein for the purpose of having such road way condemned and damages assessed as herein provided.

SEC. 3. All notices to be given in proceedings under the charter against others may be served by a constable or the sheriff of the proper county, or in case of non-residents, by written or printed notices, one of which shall be posted up in the clerk's office and another at the court house door for at least thirty days prior to the day of trial or other proceedings, which notices shall be posted up by the justice of the peace before whom such proceedings are had or cause is pending, upon the filing of an affidavit before said justice of such non-residency, naming the defendants or stating that

they are unknown, and guardians ad litem may be appointed by the justice of the peace or other courts in proceedings under the charter.

SEC. 4. It shall be lawful for said corporation to borrow money at any rate of interest, not exceeding seven per cent. per annum, as may be agreed upon, and to pledge such security for the redemption of such loan as the creditor and said company may contract for, and may issue bonds for the purpose of raising money or procuring iron or other materials for the construction and use of said road, and may sell or dispose of such bonds upon such terms as may be agreed upon, and if such bonds shall be sold at a discount such sale shall be as valid as if sold at their par value: Provided, That said corporation shall not issue any bond of a less denomination than one hundred dollars.

SEC. 5. The eleventh section of an act entitled "an act to amend the charter of the Evansville and Illinois Railroad Company," approved January 21, 1850, be and the same is hereby repealed.

SEC. 6. This act shall be deemed and taken as a public act, and may be given in evidence under the general issue, and shall be in force from and after its passage.

CHAPTER CCXXXV.

An act to vacate a certain street in the town of Crawfordsville.

[APPROVED FEBRUARY 13, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That so much of North street as lies between Green street and Washington street, in the town of Crawfordsville, in Montgomery county, be and the same is hereby vacated.

SEC. 2 This act to take effect and be in force from and after its passage.

CHAPTER CCXXXVI.

An act to authorize the board of commissioners of Putnam county to issue bonds.

[APPROVED FEBRUARY 13, 1851.]

SECTION 1. Be i: enacted by the General Assembly of the State of Indiana, That whenever the board of commissioners of the county of Putnam shall take and subscribe any amount of stock not ex ceeding fifty thousand dollars to the Terre Haute and Richmond Railroad Company as provided for in the twenty-sixth section of the original charter of said company it shall be lawful for the board doing county business or said county to issue the bonds of said county to the full amount of stock so subscribed on behalf of said county of not less than one hundred dollars each, payable to said Terre Haute and Richmond Railroad Company, or bearer, and at interest of not exceeding six per cent per annum, to be delivered to said company in payment for an equal amount of the capital stock in said company instead of money.

SEC. 2. Be it further enacted, That it shall be lawful for the said board of county commissioners, at their discretion, to take and subscribe stock to the Crawfordsville and Wabash Railroad Company and to the New Albany and Salem Railroad Company, in equal proportions, to any amount not exceeding the amount taken and subscribed to the Terre Haute and Richmond Railroad Company, whenever such roads or either of them shall be located to Greencastle, in said county.

SEC. 3. Whenever the stock mentioned in the foregoing section, or any part thereof shall be so subscribed, it shall be lawful for the board of commissioners of said county of Putnam to issue the bonds of said county in like manner as is provided for in the first section of this act in the case of the Terre Haute and Richmond Railroad Company, payable to the Crawfordsville and Wabash Railroad Company, or bearer, or to the New Albany and Salem Railroad Company, or bearer, as the case may be, to be delivered to said company or companies, as the case may be, in payment for an equal amount of the capital stock in said company or companies instead of money.

SEC. 4. It shall be the duty of said county board, whenever any of the said bonds shall be issued, to provide for the payment of the yearly interest thereon by a tax to be assessed and collected in the same manner that other taxes are assessed and collected for county purposes, and shall cause the same to be paid from time to time, whenever due according to the terms of the bonds.

SEC. 5. Provided however, That this act shall not take effect and be in force until it shall first be submitted to the qualified voters of