for non Sec. 17. If said company shall neglect to provide proper wagon Damages ways across said rail road, and keep the same in repair, as required complia'ce by the preceding section of this act, it shall be lawful for any individual to sue said company and to recover such damages as a court or jury may think him, her or them entitled to for such neglect or refusal on the part of said company. to May con tract with other co's. or to cross or connect road, &c Sec. 18. If it shall be necessary for the said rail road company, in the selection of the route or the construction of the said rail road, to be by them laid out and constructed, or any part of it, connect the same with, or to cross any rail road, canal, dam bridge made or erected by any incorporated company, or authorized with their by any law of this State, it shall be lawful for said company to contract with such other corporation for the right to cross or use such road, canal, dam or bridge, or for the transfer of such of the corporate or other rights and privileges of such corporation to the said company hereby incorporated, as may be necessary in that respect; and every such other corporation acting under the laws of this State is hereby authorized to make such contract or transfer by and through the agency of the persons authorized by the respective acts of incorporation to exercise their corporate power, or any of the rights and privileges aforesaid; and every contract or transfer made in pursuance of the power and authority hereby granted, when executed by the several parties, under their respective corporate seals, shall vest in the company hereby incorporated, all such rights and privileges, and the right to use and enjoy the same, as fully as they are used and enjoyed by the said corporation in whom they are now vested. Sec. 19. The said company shall have power to purchase with the funds of the company, or contract for and place on the rail road constructed by them under this act, all machines, wagons carriages or vehicles of any description which they may deem necessary and proper for the purposes of transportation on said rail road, and they shall have power to charge for tolls and transportation such sums as shall be lawfully established by the by-laws of said company; and it shall not be lawful for any other company or any other person to transmit any passenger or merchandize, or property of any description whatever, upon said rail road or any part of it, without the Powers. Totis. license or permission of said company; and the said rail road, with all its improvements, works and profits, and all machinery used on said rail road for transportation, and all the machine shops, depots, buildings and edifices connected with said rail road, shall be vested in the said company forever; and the shares of the capital stock of Stock per- said company shall be considered personal property, and shall be transferrable on the books of said company agreeably to the by-laws of said company, and subject to be taken in execution agreeably to such laws as are or may be hereafter in force. sonal property. Tolls. Storage. Penalty. Sec. 20. The said company shall have full power and authority to ask for, demand, recover and take the tolls or dues to and for their own proper use and benefit, on all goods, merchandize and passengers using or occupying the said rail road or any other convenience, erection or improvement built, occupied or owned by the said company, to be used therewith. But such tolls or dues shall not exceed the maximum to be charged by the Michigan Central Rail Road Company, for corresponding distances; and they shall have power to regulate the time and manner in which goods and passengers shall be transported, taken and carried on the same, as well as the manner of collecting all tolls and dues on account of transportation and carriage, and storage; and shall have full power to erect and maintain such toll houses and other buildings for the accommodation and proper transaction of their business, as to them may seem necessary. Said company may charge and collect a reasonable sum for storage on property transported by them on said road, on delivery thereof at any of their depots, which property shall have remained so stored more than five days after notice to owner or consignee, if known, at his usual place of business or residence, or af ter notice by mail sent to owner, if consignee not known. And said company shall transport merchandize and property and passengers upon said road without partiality or favor, and with all practical dispatch, under a penalty for each violation of this provision of one hundred dollars, to be recovered by the party aggrieved, in an action of debt against said company. But soldiers, sailors and marines, and officers of the army and navy of this State, or in the service of the United States, and arms, ordnance, military stores and munitions of war, shall take precedence of other persons or property, first in favor of this State, second of the United States. Sec. 21. Whenever it shall be necessary, for the construction of their railroad, to intersect or cross any stream of water or water course, or road or highway lying on the route of said railroad, it shall and may be lawful for the company to construct their railroad across or upon the same: Provided, That the company shall restore the stream or water course, road or highway, thus intersected or -crossed, to its former state, or in a sufficient manner not unnecessarily to impair its usefulness. Sec. 22. The said company may, annually or semi-annually, make such dividend as they may deem proper, of the nett profits, receipts or income of the said company, deducting the necessary expenses; and they shall make a dividend among the stockholders of the said company in proper proportions to their respective shares. Crossing highways or water cour ses. Dividends. of stock. Sec. 23. It shall be lawful for the directors to require payment of the sums subscribed to the capital stock of said company, at such Payments times and in such proportions, and on such conditions as they shall deem proper and necessary in the execution and progress of the work, and direct the same to be paid to the treasurer of the corporation. And the treasurer shall give notice of all such assessments; and in case any subscriber or stockholder shail neglect to pay an assessment on his shares for the space of thirty days after the time in such notice specified for the payment thereof, as shall be prescribed by the by-laws of said corporation, the directors may order the treasurer to sell such share or shares at public auction, after giving such notice as may be prescribed aforesaid, to the highest bidder, Sale in case and the same shall be transferred to the puachaser on the books, by the president thereof; and such delinquent subscriber or stockholder shall be held accountable to the company for the residue of the assessments, not satisfied by the proceeds of such sale of his share or shares, if sold for less than the assessments due thereon, with the interest and costs of sale, and such costs and interests to be first paid from the proceeds of such sale; and shall be entitled to the surplus if his share or shares shall sell for more than the assessments due, with interest and cost of sale: Provided however, That no assessment shall be laid upon any shares in said corporation for a greater amount in the whole than one hundred dollars upon each share. ment. Power of directors. Report. State tax. Sec. 24. The directors shall have full powers to conduct the affairs of said company, and to exercise any powers which said company might exercise, except where provision is made by this act for the exercise of such powers by the stockholders at their annual or special meetings, or where the powers of the directors may be restrained by the by-laws of said company. Sec. 25. The directors of said company shall, annually, on or before the twenty-fifth day of January, make a report to the Secretary of State, which shall embrace the business of the preceding year to the first day of January, stating the length of their road in operation, cost of construction, and the indebtedness of the company for materials or work in progress of delivery or execution on account of construction, as near as can be conveniently ascertained, and all other indebtedness, if any there be; the amount of capital stock subscribed, and the amount actually paid in; and the amount of all loans made by said company for the purpose of constructing said road; the amount of dividends; the names of the stockholders, with the amount of stock owned by each, respectively; receipts from freight, from passengers, and from all other sources, on account of operating the road; the number of through and way passengers, respectively; the expenditures for the repairs of the road; for the repairs of engines and cars, and other expenditures, which three items shall include all the expenditures for operating the road, and the expenditures made for construction during the year; the number of engines, of passenger, freight and other cars; the average number of men in employment of the company; the number of miles run by passenger, freight and other trains; which report shall be verified by the affidavit of at least two of the directors, and filed in the office of the Secretary of State. Sec. 26. The said company shall pay to the State an annual tax of half of one per cent. upon its capital stock paid in, including all loans made by said company for the purpose of constructing said rail road, until the first Monday of February, A. D. 1865, and thereafter an amount of three-fourths of one per cent. on the capital stock paid in, including all loans made to such company; which tax shall be paid in the last week in January in each year to the State Treasurer, and the property and effects of said company, whether real, personal or mixed, shall, in consideration thereof, be exempt from all and every tax, charge and exaction, by virtue of any laws of this State now or hereafter to be in force, except penalties by this act imposed. Sec. 27. The state shall have a lien upon the rail road of said company, its appurtenances and stock thereon, for all penalties, taxes and dues which may accrue to the state from said company, which shall take precedence of all other debts and demands, judgments or decrees against said company; and every inhabitant of this state shall have a lien upon said rail road, stock and appurtenances, and upon the property of said company, for all penalties, dues or demands against said company to the amount of one huudred dollars, originally contracted within this state, which, after said state lien, shall take precedence of all other debts or demands, judgments or decrees, liens or mortgages against said road or company. Lien. injuring Sec. 28. If any person shall wilfully or maliciously do, or cause Penalty for to be done, or aid in doing or causing to be done, any act or acts road. whatever, whereby any building, construction or work of said company, or any engine, machine or structure, or any matter or thing appertaining to the same, shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or persons so offending shall be guilty of a misdemeanor, and may be punished upon conviction, by fine, or by imprisonment not exceeding five years, or both, at the discretion of the court; and shall forfeit and pay to said corporation the amount of damages sustained by means of such offence or injury, to be recovered in the name of the said company, with costs of suit, by action of trespass or trespass on the case. States mail Sec. 29. Said company shall at all times, if required by the Post United Office Department, transport the United States mail upon said road, as often as their cars shall pass thereon, not exceeding twice in each day, for such compensation as shall be agreed upon by said company and said department; and in case no such agreement can be made. it shall be lawful for the Governor of this state to appoint one commissioner and said company one, who, in case they cannot agree, shall appoint a third commissioner; which said commissioners or a majority of them, shall agree upon and fix the price, terms and conditions of transporting such mail, after fifteen days' notice to said |