CHAPTER XLVIII.

An Act to authorize the extension of the New Castle and Richmond Rail Road.

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the New Castle and Richmond rail road company be and is hereby authorised to extend the New Castle and Richmond rail road from New Castle in Henry county to intersect the Peru and Indianapolis rail road or the Lafayette and Indianapolis rail road, at such point on said roads as said New Castle and Richmond rail road company may determine upon.

SEC. 2. All the franchises, rights, powers, privileges, and immunities, granted to said New Castle and Richmond rail road company by the charter thereof, shall in all things, apply and extend to the extension of said road hereby authorized: Provided, That said extension shall be completed within ten years from the passage of this

act.

SEC. 3. Said New Castle and Richmond rail road company shall at such time as it may deem proper, open books for the subscription of stock for the extension of said road hereby authorized, or for such part thereof as may be designated by said company, and the stock so subscribed and the proceeds thereof, shall be applied exclusively

to such extension.

SEC. 4. It shall be the duty of said company to keep separate accounts of the stock subscribed for the construction of said road from New Castle to Richmond, and that subscribed for the extension for the said road hereby authorized and also separate accounts for the construction and stocking the same; and separate dividends threreof shall be declared, until said road and extension are completed, and the expenses of construction and stocking fully paid.

SEC. 5. That as soon as said road and extension shall be completed and stocked, and the extension therefor fully paid, as above provided; then the same shall be regarded and held as one entire road, and the proceeds and profits thereof shall constitute a common fund, and equal dividends declared on all the stock in common.

SEC. 6. When said company shall commence the construction of the extension hereby authorized two additional directors of said company shall be elected by the stockholders thereof at the first annual election of directors thereafter and the subscribers of stock for the extension of said road shall be eligible for directors of said company and shall be allowed to vote for directors of said company in the same manner and with the same restrictions as the subscribers of stock to and under the original charter of said company.

SEC. 7. The said New Castle and Richmond rail road company are hereby authorized to borrow money from time to time on the credit of said company at any rate of interest per annum to be agreed upon between the parties for the sole purpose of constructing

said road and extension thereof hereby authorized and furnishing the same with cars, locomotives, and other machinery necessary to carry on the operations of said company, and may issue its corporate bonds or promissory notes therefor, and to secure the repayment thereof with the interest which accrues, may mortgage the road, income, and other property of said company, and may by its president or other officers or agents, sell, dispose of, negotiate such bonds, notes or stocks of said company, at such times and such places, either within or without the state, and at such rates, and for such prices as in their opinion will best advance the interests of said company, and if such bonds, notes or stocks, are thus sold at a discount, such sale shall be as valid and binding in every respect, as if sold at par value, and the said company is hereby authorized to confer upon the holders of any bond or note issued as aforesaid the right to convert the principal thereof at any time unpaid, into the stocks of the company: Provided, The said company shall not have authority to issue bonds of a less denomination than fifty dollars.

[The foregoing bill was presented to me on the 15th day of January, 1851, for my approval. It has not been approved, nor returned to the Senate with my objections, down to this the 24th day of January, 1851, and has therefore become a law.]

JOSEPH A. WRIGHT.

CHAPTER XLIX.

An act authorizing Reason W. Prather to drain certain low lands therein mentioned.

[APPROVED JANUARY 15, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That Reason W. Prather, of Bartholomew county, be and he is hereby authorized to construct a ditch across the state road leading from Columbus, in Bartholomew county, to Rockford, in Jackson county, in section five in township seven, north of range six east, of sufficient depth, length, width and capacity to drain the low grounds in said section, so that the waters will flow from said low grounds into a natural channel: Provided, however, That the said Prather shall, without delay, construct a bridge on said road across said ditch of sufficient width, strength and capacity for the safe and convenient passage of all persons, teams and vehicles using or traveling said road.

SEC. 2. Whenever said ditch shall be completed, the same shall not be obstructed under the same penalties now prescribed against persons obstructing public highways.

SEC. 3. Should any owner or owners of any of the lands affected by the construction of said ditch, consider the same an injury to said land, said owner or owners may, within one year after the same is made, file with any justice of the peace of the township in which the same is situated, his claim for such damages; whereupon, said justice shall issue a summons to three disinterested freeholders, requiring them within a time to be therein specified, to examine personally the alleged damages, and report to him, under oath, the amount thereof, if any; for which amount, and all reasonable costs to be fixed by him, said justice shall render judgment; which said judgment shall be conclusive and final between the parties.

SEC. 4. If no claim for damages shall be made as above specified, within the time aforesaid, such failure shall be construed to be a relinquishment of all claim for damages.

SEC. 5. This act to be in force from and after its passage.

CHAPTER L.

An Act to amend An Act entitled "An Act to incorporate the Richmond and Williamsburgh Turnpike Company," approved January 16, 1849.

[APPROVED JANUARY 21, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the said Richmond and Williamsburgh Turnpike Company shall have the right to establish the rates of toll on any portion of said road as they may think proper, not exceeding the rates of toll per mile charged on said road, those who pass through the gates, and may demand, sue for, and collect tolls of all persons who may use any portion of said road lying between gates, even though such person or persons may not pass through any gate; and when any person uses said road between gates, and refuses to pay therefor, after demand made by any authorized agent of said company, said company may bring suit therefor, in an action of assumpsit, before any justice of the peace in Wayne county, and recover said toll, and three fold the amount thereof in damages against said person.

SEC. 2. All elections for the election of a board of directors shall hereafter be held on the second Monday of January of each and every year, and the present board of directors shall continue in of fice until the second Monday of January, 1852, and perform all the duties of such board of directors as fully and to all intents and purposes as if elected at the time specified in said charter.

SEC. 3. The said company shall have power to mark out, locate and construct a turnpike road, commencing at or near a point on said road, where the road from Richmond to Washington, in Wayne county, leaves said road, and from thence to a point on the Centerville and Williamsburgh turnpike at or near Canaday's Corner, and for this purpose shall exercise all the rights and privileges enjoyed by said company in the charter to which this is an amendment.

SEC. 4. This act to be in force from and after its publication in the Richmond Palladium.

CHAPTER LI.

An Act to change the name and extend the corporate privileges of the Perry Cotton Mill at Cannelton.

[APPROVED JANUARY 21, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the name of the Perry Cotton Mill Company be changed to "The Carlisle Manufacturing Company," and by that title it shall be hereafter known and designated.

SEC. 2. Be it further enacted, That said company be authorized, in addition to their present privileges of manufacturing cotton and other goods, to mine and sell coal on their lands, and to erect buildings thereon and furnish them with steam or other motive power, to be by said company leased and used for mechanic and manufacturing workshops, to promote shop manufactures and the productions of mechanical labor and skill in the town of Cannelton.

SEC. 3. This act shall form a part of the charter of said corporation, and continue in force as a public act for the term of fifty years from the 15th day of February, A. D., 1848, the date of said charter.

CHAPTER LII.

An Act to repeal section one of an act approved January 19, 1850, " of An Act entitled An Act to amend An Act entitled An Act to incorporate the city of Indianapolis," approved May 27, 1848.

[APPROVED JANUARY 15, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That section one of an act entitled "an act to amend an act entitled an act to incorporate the city of Indianapolis," approved May 27, 1848, be and the same is hereby repealed.

SEC. 2. This act to be in force from and after its passage and publication in the Indiana State Sentinel and State Journal.

CHAPTER LIII.

An Act to incorporate the Cannelton Levee and Draining Company.

[APPROVED JANUARY 21, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That Bernard Herzeele, Thomas M. Smith, Charles H. Mason, F. Y. Carlile, and their associates, successors, and assigns be, and they are hereby made a body corporate, by the name of the Connelton Levee and Draining Company, for the purpose of constructing a levee around that portion of the town of Connelton subject to inundation from the highest freshets of the Ohio river and its tributaries; and also for the erection of suitable draining machines and sluceways for the discharge of water that may accumulate within the levee; and for this purpose shall have all the powers and privileges, and be subject to all the duties and requisitions contained in the statute of 1843, chapter thirty-two, article second, respecting corporations.

SEC. 2. Be it further enacted, That the capital stock of said corporation shall not exceed the sum of twenty thousand dollars, and said corporation may acquire and be seized and possess lands whereon to construct said levee, and shall have all the rights of entry and of way granted by law to plank and other roads, and be subject to the restrictions of the law respecting said roads, for the construction of said levee. And said corporation shall have power and authority to assess, in rateable proportions, and collect annually, all lands and