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adopt such measures and do such acts, as will be best calculated to promote the prosperity and usefulness of said company.

§ 6. The directors shall make and advertise calls for the payment of the capital stock, at such times and in such manner as they may deem proper; and if any stockholder shall fail to pay any such requisition within ten days after the time appointed, the said company may recover the same with interest, and if not collected, may declare the stock forfeited and sell the same, and no delinquent stockholder shall vote in said company.

§ 7. Said company shall have full power to survey, mark, locate and construct a railroad from the city of St. Charles, in the county of St. Charles, passing up the divide between the tributaries of the Mississippi and Missouri rivers, as near as may be to the northern boundary line of this state, with a view that the same may be hereafter continued northwardly into the state of Iowa, in the direction of Fort Desmoines, in that state; and for that purpose may hold a strip of land not exceeding one hundred feet in width, with as many set of tracks as the said president and directors may deem necessary: Provided, that in passing hills or valleys, the said company are authorized to extend said width, in order to effect said object, and may also hold sufficient land for the erection of depots, warehouses and water stations, and may extend branch railroads to any point in any of the counties through which said road may be located.

§ 8. Said company may take voluntary relinquishments of the right of way for said road, and the necessary depots and water stations; and if the land through which such road shall pass, shall belong to minors in whole or in part, the guardian or curator of such minor shall have power to convey to said company, so much of the land as may be necessary for the purposes aforesaid, on fair and equitable terms; but every such conveyance by a guardian shall be subject to the approval or rejection of the probate or county court in which such guardianship is pending.

§ 9. If any owner of any tract of land through which such railroad shall pass, shall refuse to relinquish the right of way for said road, to said company, or if the owners be infants or persons of unsound mind, or non-residents of the state, the facts of the case shall be specifically stated to the judge of the circuit court of the county in which such lands are situated, and said judge shall appoint three disinterested citizens of the county, to view said lands, who shall take into consideration the value of the land, and the advantages and disadvantages of the road to the same, and shall report under oath, what damages will be due to said land, or any improvements thereon, stating the amount of damages assessed, and shall return a plat of the land thus condemned; notice of such application to such judge shall be given to the owner of such land five days before the making of the application, if such

owner reside in this state, or to his guardian; and if such owner be a non-resident of this state, he may (be) served with actual notice, or by an advertisement for four weeks in some public newspaper.

§ 10. The persons appointed to view and value such land, shall file their report and plat in the office of the clerk of the circuit court of the county in which the land or a part thereof is situated, and if no valid objection be made to said report, the court shall enter judgment in favor of such owner, against such company, for the amount of damages assessed, and shall make an order vesting in said company the fee simple title of the land, in such plat and report described; objections to such report must be filed within ten days after the same shall be filed, which objections shall be examined by said judge, in term time or vacation, and he may hear testimony, and by judgment confirm said report, or may set the same aside, and appoint three other viewers, who shall proceed in the same manner and make their report, until a report is con- / firmed: Provided, in order that the progress of the work may not be impeded, that after said viewers have filed their report and plat in the office as aforesaid, the company, after having made a tender of the amount of damages to the person or persons, or made a deposite of the same with the clerk of the county court, in which the case may be pending, shall be authorized to proceed in the constitution (construction) of the work as fully as though no disagreement had arisen. In all such cases, the court shall adjudge the costs of the proceedings according to equity; and the court shall have power to make such orders and take such other steps, as will promote the ends of justice between the owners of such lands and said company.

§ 11. Said company may build said road along or across any state or county road, or street or wharves of any town or city, and over any stream or highway, but whenever said road shall cross any state or county road, said company shall keep good and sufficient causeways or other adequate facilities for crossing the same; and said railroad shall not be so constructed as to prevent the public from using any road, street or highway along or across which it may pass, and when said railroad shall be built across any navigable stream said company shall erect a bridge sufficiently high on which to cross, or shall construct a draw-bridge (the Missouri river excepted) so that in no case shall the free navigation of such stream be obstructed. When any person shall own land on both sides of said road, said company, when required so to do may make and keep in good repair, one causeway or other adequate means of crossing the same.

§ 12. Said company shall commence the construction of said road within nine years, and shall complete the same within twenty years thereafter; and said company shall have general power to use, manage, control and enjoy said road; shall determine what

kind of carriages shall be used thereon, and by whom and in what manner; and shall determine the terms, conditions and manner in which merchandize, property and passengers shall be transferred (transported); and shall have power to construct and keep such turnouts, gates, bridges, culverts, toll houses, depots, warehouses, causeways and other buildings, machinery and fixtures as may be necessary. Said company may receive such tolls and freights as may be determined upon by the directors, and shall keep posted up estimates of the rates of toll and freight to be charged.

§ 13. Dividends of the profits of said company shall be made annually, or oftener if necessary; but the directors may reserve or set apart a portion of the profits as a contingent fund to meet expenses and losses.

$ 14. It shall be lawful for the county court of any county in which any part of the route of said railroad may be, to subscribe to the stock of said company, and it may invest its funds in the stock of said company and issue the bonds of such county to raise funds to pay the stock thus subscribed, and to take proper steps to protect the interests and credit of the county. Such county court may appoint an agent to represent the county, vote for it, and receive its dividends; and [any] incorporated city, town or incorporated company may subscribe to the stock of said railroad company, and appoint an agent to represent its interests, give its vote, and receive its demands [dividends]; and may take proper steps to guard and protect the interests in [of] such city, town or corporation.

§ 15. At any annual meeting of said company the directors shall make to the stockholders an exhibit of the affairs and condition of the company; one tenth part in interest of all [the] stockholders may call a meeting by giving four weeks notice in two public newspapers.

§ 16. When said road shall be completed the company shall file a plat thereof in the office of the Secretary of State; and the legislature may at any time require a statement from the company as to the progress of the work, the amount of business and the receipts of the company; and the books and accounts of said company at any time [may] be investigated by a committee appointed by the General Assembly.

$ 17. Said company shall keep a fair record of the whole expense of constructing said road, and at the end of fifty years the state shall be at liberty to purchase said road by paying to said company the amount which it shall be valued [at] by persons to be mutally chosen by the state and by said company, but two years notice shall be given to said company of the intention of the state to purchase said railroad.

§ 18. When any person shall cease to be a stockholder he shall cease to be a member of said company.

$ 19. If any person shall wilfully injure, obstruct or destroy said railroad, or shall break, destroy or deface any work, edifice or other fixture or improvement belonging to said company, he shall be considered guilty of a criminal offence, and shall be punished in such manner as shall be prescribed by law, and shall also be liable to said company for all damages by it sustained.

$ 20. The operations of said company shall be confined to the general business of locating, constructing, making and using said railroad, and the acts necessary or proper to carry the same into complete and successful operation.

§ 21. The stock of said company shall be considered personal property, and shall be assignable and transferable according to such rules and restrictions as the board of directors shall from time to time make and establish, subject however, to the laws of this state as the same exists, or may be changed hereafter. In case that it shall happen at any time that an election of directors should not be made on any day when pursuant to this act or any regulations of said company it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but it shall, and may be lawful on any other day to make and hold an election of directors in such manner as shall be regulated by the by-laws and ordinances of the company.

§ 22. Said company shall have power to receive and hold loans, gifts, grants and donations of lands, money or bonds in any quantity, from this state or the United States, and may sell, convey, pledge, mortgage or otherwise dispose of said lands, money or bonds, or any part thereof, and apply the proceeds of the same to the construction of said railroad.

This act to take effect and be in force from and after its passage. Approved March 3, 1851.

COMMERCIAL STATISTIC S.

COMMERCE OF ST. LOUIS.

Imports into St. Louis by the river for five years commencing January 1st 1847 and ending December 31st 1851:

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