Indiana Palladium, Volume 8, Number 9, Lawrenceburg, Dearborn County, 17 March 1832 — Page 1

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XtASIi 210A3 AX act, To Incorporate the Lawrenceburgh and Indianapolis Rail-Hoad Company. Sec. 1. Be it enacted by the General Assembly of the Stale of Indiana, That David Guard, TnouiaB Stiuw, George H. Dunu and John Test, of the said Town of Lawrenceburgh; Daniel Plummet. William Pwrcell, and Pintkney Jame3 of the County of Dearborn; Robert M. Johnson and Henry A. Rid of Ripley County; Martin Adk'ms, Nathan D. Gallion and Jainee Freeman of Decatur County; John Walker, and John Hendricks of Shelby County; Hnd Nicholas MeCarty and Benjamin J. Blythe of the Town of Indianapolis, and their successors in office, duly elected a3 hereinafter directed, are hereby constituted and appointed, a body politic and corporate, and by the name aod sty le of "the President and Directors of the Lawrenceburgh and Indianapolis Rail Road Company," shall be able and capable, in law and equity, to sue and be sued, plead and be impleaded, defend and be defended, answer and be answered unto, in any and all Courts of Justice whatever; to mike and use a common seal, and the same to alter, change or renew at pleasure; and shall be able and capable in law to mke contracts and enforce the same, and to make and enforce the necessary by-laws, rules and regulations to enable them to carry into effect the provisions of this act, and the objects contemplated by the same, not inconsistent with the laws and constitution of this Slate. Sec. 2. The capital stock of said corporation, shall be five hundred thousand dollars, divided into shares of fifty dollars each. Sec. 3. The directors named in this Act, or a majority of them, may meet at euch time and place as they may agree on, and organize said corporation, by electing one of their own body to be president; and after such organization, any three of the board shall be a quorum; but after an election for Directors it shall require five to form a quo rum. Sec. 4. The corporation shall have power to appoint Agents, Clerks, Treasurers, Surveyors, Engineers, Superintendents, Artists, and all other officers nnd persons, necessary to carry into effect the objects of this Act. They shall keep a journal of their proceedings, m which shall be entered all by-laws, rules and regulations, and all orders for the payment of such allowances, as may be made to their ofneers and all others in their employ; which journal shall, from time to time, be read by the board, and if found correct shall be signed by the president. They may sit on their own adjournments, or on the call of the President; when the Piesidentis absent, they may appoint a President protfoipore: they shall fill all vacancies tnkt may happen in their owu body. Sec. 5. The corporation shall cauee books to be opened for subscription to the capital stock, at such time, and such place or places, as they may choose, due notice of which shall bo given; in each of which book's the following entry shall be made: "We the undersigned , promise to pay the sum of fifty dollars, for each share of stock set opposite our name?, in such manner and proportions, and at such time as the President and Directors of the Lawrenceburgh and Indianapolis Rail Road Company may

direct; witness our hands, this day of Sec. 6. It shall be lawful for all persons of lawful age, for the agent of any Corporate body, for the Ageut of anyState or of the United States, on behalf of the same, to subscribe for any amount of the capital stock; and the books shall be kept open for such space of time, and at such place or places as the corporation shall choose, and may be re-opened at any time; and they may by an agent, ofler lor sale, in anyother state, any amount of stock, upon such terms and conditions as may be thought advisable; and they shall have power on their own credit, to borrow money upon such terms as may be ngreed on by the parties. The corporation may require such sum to be paid at the time of subscribing, not exceeding five dollars on each share, as they may think proper; but such requisition shall be made known, by being inserted in the notice for opening the books, and any future payments on the stock shall be under the control of the corporation. Sec. 7. As socn as five hundred shares are subscribed, and ten dollars paid on each share, it shall be the duty of the corporation to give three weeks uolice

thereof, in one or more newspapers; and io such notice, appoint a time and place for the stock holders to meet and elect thirteen directors, who shall be stockholders and cil z :iis of this state; which election shall be held within three months after the last share in the five hundred was subscribed for, & shall be conducted by two judges appointed by the stock holders present ; and the persons having the plurality of (be votes given and counted in public, shall be declared duly elected. No share shall confer a right to vote to any elt cftior, unles3 the same shall have been held one month previous to the election. In all eleclijns, each share shall entitle the holder to one vote ; and rotes may be given by the person owning the same, or by one of any partners, or by the husband, father, mother, adminis

trator cr executor, trustee or guardian, or by the authorized agent of apy corporation, state, or of the United Slates, or any person having the right to vote may vote by proxy. Sue. C. It shall be Ihe July of the diieeto.-s elected as above, and those elected at any subsequent elections, (o meet as soon thereafter cs they conveniently can, and elect one of their own body to be President; the President and Directors thus elected, shall continue in office untilthe ntxt annual election, nnd until their successors are elected and organized. Sec. 9. Ail elections after the first, shall be held on the first Monday of Ssptember annually, under the direction of three stockholder?, not directors at the time, to be appointed by the board at the previous meeting, or by the stockholders present, of which election notice shall be given; Provided, that if from any causa whatever, there should be no election held on the day appointed by this act or by the directors for the first election, it shall be lawful to hold the election cn any other day. Sec. 10. Certificates of stock shall be given to the stockholders, which shall be evidence of tiji stock heid, 11 shall he signed by the President and countersigned by the Clerk; tho stock shall be transferable on the books of the corporation only personally or by an agent or attorney, or by the ad i.imstrHtor, executor, trustee or guardian; but sucn stock shall at all times be holdt-n by the corporation, for any dues from the holder thereof to the corporation, or for any sum that nmy thereafter become due on a contract made prior to such transfer. Sec. 11. The corporation shall have power to call for such proportions of the stock subscribed, not exceeding twenty-five per cent, of the amount of stock, every six months, n3 they may think proper, to be paid at such time and place as they may designate by giving sixty days notice, in some weekly newspaper, printed nearest the place where a majority of the stock is held, or by giving written notice to the stock holders; in all such notices, the amouut on such share demanded, and the time and place of payment shall be set forth, and if any stockholder shall neglect or refuse to pay such requisition, within ten days after the lime named for such payment, the corporation may bring suit against such delinquent, for the amount due, in tiny Court of competent jurisdiction, and recover the amount with two per cent, a mouth interest thereon, for eueh detention; and if the amount cannot be J made on execution, or if such delin-j quent is out of the state, then the corporation may, by an order on their books, declare such stock forfeited to the corporation, with whatever amount may have been paid thereon; and the same shall thereby be absolutely forfeited to the corporation; and n such delinquent, before the forfeiture of his stock, shall have the right to vote for directors or receive any dividend on hi?, her or their stock, until the corporation is fully paid and satisfied. Sec. 12. The corporation shall require of all otiicers and others in thr:ir employ, bonds with security to their acceptance, with such penalties ns they think proper, for the faithful performance of their respective duties. Sec. 13. The corporation, by their agent?, shall have full power, from time to tirr.e, to examine, survey, marl; and locate the route for a Rail Road, for a single or double track, commencing at, or near Lawrenceburgh, in Dearborn county, and running on the best ground for the interest of the company, and the convenience of the public by Napoleon, inr. Ripley county, and Greensburgh, ia Decatur county, to Indian

apolis, in Marion county; with full power in all cases to'divere from a direct line, . where more favorable, ground can be had for the construction of the Road; tho same to be not more than eighty feet i.width. Sec. 14. And for the purpose of making such examination and location, it shall be lawful for the corporation, by their agents and persons in their employ, to enter upon any land, to make surveys nnd estimates, and for the purpose of searching for stone, grave!, wood or other materials necessary for the construction of ssid Road; but no stone, gravel, wood, or other materials shall be taken away from any land , without the consent of the owner thereof, until the rate of com pensation shall be ascertained and paid. Sec. 15. It shall be lawful for the corporation, either before, or after the location of any section of the road, to obtain from the person or persons through whose land the same may pas?, a relinquishment of so much of said land, may be necessary for the construction of the road, as also, the stone, gravel, timber, or other materials that may bo obtained on said route, and may contract for stone, gravel, timber, and other materials, that rnaT be obtained from any7 other land near thereto; and it shali be lawful for said corporation, to receive, by donation, gift, grant, or bequest, land, money, labor,

property, stone, gravel, wood, or otner materials, for the benefit of said corporation, and all such contracts on relinquishments, donations, gifts, grants, and bequests, made andentered into in writing, by any person or persons, capable in law to contract, made in consideration of such location, and for the benefit of the corporation, shall be binding and obligatory, and the corporation may have their action at law, in any court of competent jurisdiction, to co:npcl the observance of the same; Provided, that all such contracts, relinquishments, donation?, giftr, grants, and bequests, shall be fully and plainly made in writing, and sigr.cd by the parties making the same. Sec. 16. That in all cases where any person, through whose land the road may run, shall refuse to relinquish the same, or where a contract between the parties cannot be made, it shall be lawful for the corporation to give notice to some justice of the peace, in the counties where such difficulties may occur, that such facts do exist; and such justice shall thereupon summon the owner of such land, to appear hefore him on a particular day, within 'en day s thereafter, at.d shall appoint twelve disinterested persons of the neighborhood, who shall, after taking an oath, faithfully and impartially to assess the damages if any, view the land or materials, and after having taken into consideration the advantages, as well as the disadvantages the road may be to the same: and shall report thereon, whether such person is entitled to damn-res or not, and if so, how much; and shall file such report with such justice; whereupon said justice shall enter judgment thereon, unless for good cause shown; and in case either party should show sufficient .cause, why judgment should not ha entered, the justice my :arant a review of the premises, cither with or without costs; Provided, that either parly maj-, at any stage of the proceed ings, appeal to the Circuit Court of the proper count v, as in oilier cases: and such court shall appoint viewers as above directed, who may report at that or the succeeding term, in the discre tion of the Court, and the judgment of the Circuit Court, shall be final. Sec. 17. And in all cases where the owner or owners of such land or materials, shall be minor?, insane persons, or reside out of the county where such land may lie, such justice shall cause three notices of the application made, and of the day fix.j for the appointment of viewers, to be postud up in three of the most public places in ihe county, and if no person should attend on the day rawed in said notice?, said justice shall adjourn the same until that day two weeks, at which time he shall proceed as if such poison or persons had been duly notified to attend; and on such judgment being rendered, and the corporation complying therewith, by the payment of costs or damages, awarded against them, the corporation shall be seized of the lands or materials. Costs shall be allowed or awarded against either party, at the discretion of li e justice.

Sec. IS That if it should be found necessary and advantageous, to the location and construction of said road, the corporation shall have the rint to lay the same along and upon any State or County road: Provided, however, that before such location shall be made, the corporation shall make application to the county commissioners of the pro per county, for such right; and the said commissioners, are hereby vested with power to grant the same, by an order entered on their records; nnd Provided also, that such right shall be granted on condition, that the corporation shall leave a sulilcicncy of raid Slate or County road in as good repair for common use, as previous to such occupation. Sec. 19. That when snid corporation shall have procured the light of way, as herein before provided, they shall bo seized in fee simple of the right to such land, and shall have the toleuseand occupation of the same; and no person, body corporate, or politic, shall in anyway interfere therewith, molest, disturb or it jure any of the rights and privileges, hereby grant

ed, or that would he calculated to detract from or affect the profits of said corporation. Sec. 20. The corporation shall commence the construction of said road, any time within three years; and from time to time, construct so much towards the point of destination, as may be within the ability and to the interest of the company, and shall complete it within twelve years, from its commencement; Provide d, til at if the road should not be completed within the time aforesaid, the General Assembly, may, for good cause shown, give further time to complete the same. Sec. 21. It shall be the duty of said corporation, whenever any State or ' County road, now established, shall cros3 or may hereafter cross the Rail Road, to make and keep in repair, good and sufficient causeways, to that the free use of said State or Count v road shall not be obstructed ; and in all cases where tiny person shall own lands on both sides of said Rail Road, and there shall not be any causeway for a public load, leading from one tract to the other, the owner of such land shall have the right, free of any charge, to cross tho same, and to make such causeway at may be necessary for the convenience of such owner; Provided, that such owner ci land not injure or obstruct said road. Slc. 22. It shall be lawful for said corporation, to place on, or prescribe the kind of carriage? that may be t'Lcd on said road, whether propelled by &; cam or other power, for tho trans- ! porlation ot pas-onr.ei:1, ior ail hums of product', lumber, goods, wares, merchandise, or any other kind of properly. And for this purpose the corporation may construct said road, with such locks, turns, gate?, bridges, aqueducts, culverts, toll and ware houses, us may be considered necessary for the interest of the company, and the convenience of the public: And toe corporation may char-je toll md troM'iit? on riu h pai i oi the road as may he in a suhJcieuf State for travel, although the whole be not finished: and th-. y may charge for travel and transportation on the same, when it is grade d and bridged, alfho' the ic'.ila may not be t-o far laid as to ad mil carriages thereon. Si:c. 23. The co: poration may charge and receive such tolls .and freight, for the transportation of persons, couunodttics ' and carriage:?, cn said road or any pa:t thereof as thah be for the inteiest of the company, and the same to change, lower or raise at pleasure; Trovided, that the rates established ficin time to time, hall he polled up in some coipicuous place or places on said ro;'id. Slc. 21. That when the aggregate amount of dividends declaied, shall amount to the full sum invested, and six per cent, per annum interest I hereon, the Legislature may so regulMc the tolls nod freight?, that not more than tiiteen per cont. per annum on the capital shall be divided, and the surplu- profits, if aiy alur paying the J ep-a s v, ?' d reserving -at h proportion n? may '); necesry for luiun. contingencies, shall be pairl over io the treasurer of state for the use of common schools; but the corporation shall not be compelled by any law, to reduce thf tolls & fr eights, so that a dividend of 15 per cent, cannot be made: fc.it shall be ihe duty of the corporation, to furnish the Legislature, at each session thereof, with a correct slatLUiciit vf iLc nuroiini

of expendituit , and of the amount of profile, atier uccuciing all expenses) which statement t-aull be made under ihu oath of the cificer, whose duty it shall oe to make liie same. Sec. 25. Half yeariyatdividend3 of so much ol the profits as the corporation may deem expedient, shall bj made on. ihe lirst Mondays in January and July, annually, uekss the directors fix on a different day, and paid to the several stoekh -ldeis, as scon thereafter as it can with convenience be done; but no dividend shall be made to a greater amount than the nett profit?, alter deducting all expenses and ihe corporalion may reserve such proportions of ihe profits, as a contingent fund, to meet subsequent expenditures, as they shall deem proper. Sec. 2G. That if any person or person?, shall wilfully c know inglj , injure or obstruct said mad, or any part thereof; or shall break, destroy or deface any woi k, edifice, device, loll or ware heu?e belonging thereto, such person or persons to offending, shall pay to tire corporation three, times the -amount of

the damage actually aone, with costs of suit to oe recovered by the corporation before any court having competent jurisdiction; provided, that all actions commenced by the corporation, foe the recovery of damages , and all actions commenced against such corporation for the recovery of damages, shall be commenced within fcix months, from the time such cause of action accrued and not after. Sio 27- The stite reserves the right to subscribe for five hundred shares of the stock, Riiy lime within rime jeara from the commeneemeut of the wgi k. Skc. 23. tt shall be law ful for the countycommissioners of eachand every county thro' which said road may pass, for and on behalf of such county, to authorize, by an order, as much, of ti e slock lo be taken, as tLey may think proper . Sic 29. It sall be the duty of the corpo. ration, lo cause a full statement of the affairs of the company to be made and exhibited to the slvickho'dets, at every annual ejection, or at any other general meeting of the itockLold ers . Sr.c 30 Any mertber of the stockholders, owntm one third of the stock, may call a general meeting of the stockholders, by g vmg lour weeks notice, in one or more newspapers, and specifying in uch notice, the object of the cail; and a majority of the stock being rspif seated, they may make sucli order, relative to the concerns of the company as a majority may determine. ji:c. 31. I he corporation may, by contract, admit the intersect on with the said road, of any other Had. Turnpike, vor any oihcr road oy any collateral road. Si c. 22. The state, in time of war, shall have the right to transport troops, munitions of war si d provisions, free of toll, on fcaid road. Sic. 33. Should the capital herein granted, not be snff'ieient to accomplish the intended work, ti e corporation may increase the same, and ihe stockholders may, at an general meeting, luduce the .mnni er of daectors to any number, not less than five. Sic. Si That when the road is located, it shall Le the duty of the coporation to cause a pLt of the svof, to be deposited ia t lie of fioe of secretary of Plate, iand from and after that time, it shall not be lawiul for said corporation, to alter cr change any part of said location, uriess said co; poration pay to tha owner or owners of land, on said changed route, the amount of damages they may sustain by such relocation. Slc. 35 That if said road, after its completion, shad he MiH'ered to o into decay, or be impassable tor one year, unless when the sama i lepairing, this chsrer shallfcbe taken and construed as forfeited. Sic. 56 The eoi poration shall in no case. ! either directly or indirectly, engage in any kind of trade, or deal m merchandise other than Mich rs may be necessary to carry into cHlct tbeoljects contemplated by this act; nor thai; sa:d corpora ion, tinder any pretence Whatever, inter into bar. king business, for the purpose of i-i.'";pg b lis of crtdit. r bills of any description, lo pass as a cii culatirnudiUtil. Sr.e. 57 This act to be in force from and after its pa-ssge, and it shall 'be uken to be a Public Act, '.ami ihail be lavcrably construed for a i beneficial putpeses. !I II MOOttK. Spcnkev'f the Uuwe of lit preii'tita'ivcs. D.WII) V. A l. LACK, J7-esh!er. i rf th e Sen ate. Approved, Feb. 2, lbjii. N. NOBLE. The Match of the Schoolmaster. In a pan?n of lien tloi dehire (says the last Ducks GazLitt) a short time since, upon i x lUiiiur g the pai ish accounts, the thiee follow ii;g cuiioiitics appeared: Que of the uv refers had made sixty thnc weeks in the year; an item in the other overscei's accounts vas for a sum of money paid towards the county rote. This caused a good deal of laughter, in which no one joined more heartily than the constable, who irjimediaiely afterwards produced his account, in which there was a charge for holding u conquest on a man founded found dead. A salate of one hundred guns Wis fired from the several military ports in the United States, on the ?2d of Feb. "the centcnuial anniversary of Washington's birth day . U'tek-'y .Wc fsenj er.