ness of said corporation shall be carried on, or at some place in said Territory, if such corporation has no principal place of business herein, duly authorized to accept service of process and upon whom service of process may be made in any action in which said corporation may be a party; and that any such action. may be brought in the county where such agent resides or in any county in which the business, or any part of it, out of which said action arose, was trans acted; and service upon such agent shall be taken and held as due service upon such corporation. A duly authenticated copy of the appointment or commission of such agent shall be filed and recorded in the office of the Secretary of the Territory and Register of Deeds of the county where said agent resides, and a certified copy thereof by the Secretary or Register of Deeds shall be conclusive evidence of the appointment and authority of such agent. SECTION 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. SECTION 3. This Act shall take effect and be in force from and after its passage and approval. Approved this 20th day of February, 1901. An Act to Amend Section 9, Article 9, of Chapter 17 of the Statutes o Be it Enacted by the Legislative Assembly of the Territory Powers of Corporations. SECTION 1. That Section Nine, of Article Nine, of Railroad Chapter Seventeen, of the Statutes of Oklahoma, for the year 1893, relating to corporations, be, and the same is hereby amended, by inserting after the word S. L.-6 "made" in the second line of the first paragraph of said section, the words "either within or without this Territory," and by inserting after the word "property" in the second line of the second paragraph of said section, the words "either within or without this Territory" and by inserting after the word "property" in the second line of the third paragraph of said section, the words "either within or without this Territory," and by inserting after the word "width" in the fourth paragraph of said section, the words "either within or without this Territory," and by inserting after the word "power” in the third line of the eighth paragraph of said section, the words "either within or without this Territory," so that said section shall read as follows: SECTION 9. Every corporation formed under this article and every railroad corporation, authorized to construct, operate or maintain a railroad within this Territory, shall be a body corporate by the name designated in its articles, shall have perpetual succession, shall have the right to sue and be sued, may have a common seal and alter the same at pleasure, and shall also have power: First: To make surveys: To cause such examination and surveys for its proposed railroad to be made either within or without this Territory, as may be necessary to the selection of the most advantageous route; and for such purpose by its officers or agents and servants, to enter upon the lands or waters of any person, but subject to responsibility for all dam. age which shall be done thereto. Second: To hold real estate: To take and hold such voluntary grants of real estate and other prop erty either within or without this Territory, as may be made to it; to aid in the construction, maintenance and accommodation of its railroad; but the real estate received by voluntary grant shall be held and used for the purposes of such grant only. Third: Same: To acquire under the provisions of this article, or by purchase, all such real estate and other property either within or without this Territory, as may be necessary for the construction, maintenance and operation of its railroad, and the station, depot grounds, and other accommodations reasonably necessary to accomplish the objects of its incorporation; to hold and use the same, to lease or otherwise dispose of any part or parcel thereof, or sell the same when not required for railroad uses, and no longer necessary to its use. Fourth: To lay out road, etc.: To lay out its road not exceeding one hundred feet in width, either within or without this Territory, and to construct the same; and for the purpose of cuttings and embankments and of obtaining gravel or other material, to take such land as may be necessary for the proper construction, operation and security of the road, and for the protection of such road from snow, and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor as provided by law for lands taken for the use of the corporation. Fifth: Construction of road: Subject to the provisions of Section 1019, to construct its railroad across, along, or upon any stream of water, watercourse, street, highway, toll, or wagon road, plank road, turnpike, wharf, levee, river front, steamboat or other public landing, or canal which its route shall intersect, or touch; to carry any highway, street, toll, or wagon road, plank road, or turnpike, which it shall touch, intersect, or cross, over or under its track, as may be most expedient for the public good; to change the course or direction of any highway, street, turnpike, toll or wagon road, or plank road, when made necessary or desirable to secure more easy ascent or descent by reason of an embankment or cut made in the construction of the railroad, and take land necessary therefor; Provided, Such high way, or road be not changed from its original course more than six rods, nor, its distance lengthened more than five rods. Sixth: To connect with other roads: To cross, intersect, join, and unite its railroad with any railroad heretofore, or hereafter constructed, at any point on its route, and upon the grounds of such railroad corporation, with the necessary turnouts, sidings, and switches, and other conveniences in furtherance of the objects of its connections. And every corporation whose railroad is or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersection and connections and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of the compensation to be made therefor, or the points and manner of such crossings and connec tions, the same shall be ascertained and determined in the manner provided by law for the ascertainment and determination of damages for the taking of real property. But no corporation which shall have obtained the right of way and constructed its road at the point of intersection before the application for the appointment of commissioners may be made shall be required to alter the grade or change the location of its road, or be required to bear any part of the expense of making and maintaining such crossings. Seventh: Depot grounds, etc.: To have and use equal room, ground, rights, privileges and conveniences for tracks, switches, sidings and turnouts upon any levee, river bank or front, steamboat or other public landing, and upon any street, block, alley, square, or public ground within any incorporated town or city, any charter or ordinance of any such town or city to the contrary notwithstanding; and to accomplish this, may adjust, with other corporation the ground to be occupied by each with such tracks, switches, sidings and turnouts; and if such corporation cannot agree upon such adjustment, and the amount of compensation to be paid for the purchase or necessary change of location and removal of any track previously laid, the same shall be ascertained and determined, and the common, mutual and sepa rate rights adjusted in the manner provided by law for the ascertainment and determination of damages for the taking of real property. The commissioners provided by law may employ a competent engineer, and define, locate and plat the ground and assign to each corporation the part for the tracks and other conveniences for each, and may require the removal or purchase of tracks previously laid, so as to justly settle the rights of each corporation upon such ground, and assess the damages to be paid under the law providing for the taking of real property. Eighth: To carry persons and property: To take and convey persons or property over their railroad by the power or force of steam or of animals, or by any mechanical power either within or without this Territory, and to receive compensation therefor, and to do all the business incident to railroad corporations. Ninth: To erect buildings: To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of their passengers, freight and business, subject to the statutes in relation thereto. Tenth: To establish time tables: To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor. SECTION 2. This Act shall take effect and be in force from and after its passage and approval. Approved this 20th day of February, 1901. |