[1881, p. 5. In force March 5, 1881.] 3562. Public aid. 1. Counties wherein any bridge over any river or stream forming the boundary of the State of Indiana, or any part thereof, may be located, or any of the townships of such counties, are hereby authorized to take stock in or make donations to such bridge company, in aid of the construction of such bridge, by complying with the provisions, so far as the same are applicable, of an act approved May 12, 1869, being sections 4045 to 4063, inclusive, of Revised Statutes, giving to counties and townships authority to take stock in and make donations in aid of the construction of railroads; and any city, whether incorporated by special charter or enactment or under the general laws of this State, may also subscribe to the capital-stock or may make donations in money to aid in the construction of such bridge, in the same manner that they are authorized by their special charters or General Act of Incorporation to subscribe to the stock of or make donations to railroad companies. Any city within this State in which any such bridge or any part thereof is located may, upon the petition, in writing, of a majority in number of the taxpayers of such city to the Common Council thereof, guaranty the payment of the bonds of any such bridge company, so located as aforesaid, to an amount not exceeding twenty-five per centum of the estimated cost of such bridge, with the interest thereon; and whenever such petition, so subscribed, is presented to such Common Council, it shall be the duty of such Common Council, by resolution or ordinance, to authorize and direct the Mayor or presiding officer of such Common Council, in the name and on behalf of said city, to execute, make, and sign such guaranty upon such bonds whenever requested so to do by such bridge company or its authorized officer or agent. In determining who are the taxpayers of such city, the tax duplicate in the hands of the City Treasurer at the time of the presentation of such petition shall be deemed and taken as conclusive evidence for the purposes of such petition and all proceedings thereon. [As amended, 1889 S., p. 266. In force March 9, 1889. 3563. Railroad companies. 2. All railroads built, or which may hereafter be built, shall have the right to use and cross any bridge built or constructed under the provisions of this Act, on such terms as may be agreed upon between the railroad company or other corporation owning or operating such bridge and the railroad company desiring to use such bridge. If the terms as to rates of toll can not be agreed upon, then the company desiring to use and cross said bridge may, upon petition attested by the seal of said company, petition the Circuit Court of the county wherein the city guarantying the bonds is situate to fix the proper rate of toll for crossing and using such bridge under such rules and regulations as may be proper. Upon the filing of such petition, the same shall be placed upon the civil docket for trial; and ten days' notice of the time and place of the hearing of such petition shall be served upon the company or corporation owning or operating such bridge, which may appear and answer such petition. The Court shall proceed to try the cause upon such petition and answer and the evidence adduced, and render judgment, fixing the rate of toll, under such rules and regulations as may be deemed proper, for the use and crossing of such bridge for such length of time as in the discretion of the Court may seem right. The rate of toll, so fixed, shall be binding upon the companies that are parties to such proceedings. Such Court shall have power to enforce its judgment in such proceedings as in other civil causes. All corporations or railroad companies receiving the benefits of this Act, or which may build or construct any bridge under the terms thereof, shall be deemed and held to be domestic corporations, residents in the State of Indiana, for the determination and settlement of all matters arising under the provisions of this Act, without regard to the laws of the States or countries where they were incorporated. [1881 S., p. 86. In force April 8, 1881.] 3564. Foreign corporations. I. Any corporation created by the laws of another State for the purpose of constructing a bridge across any river or stream forming in whole or in part the boundary between such other State and this State, shall have and enjoy within this State all of the rights, powers, faculties, franchises, and privileges contained in the Act to which this is supplemental, entitled An act providing for the incorporation of companies formed for the purpose of constructing bridges for railway or common roadway purposes, or both, over rivers and streams forming the boundaries of the State of Indiana, or a part thereof " [SS 3547 to 3561]: Provided, that said corporation shall first file, for record, in the office of the Recorder of the county in which such bridge is proposed to be constructed, a copy of its charter from such State, and of the resolutions of its board of directors accepting the benefits of this and the said Act, signed by its president and attested by its secretary; And Provided, That such corporation shall, so far as it may exist and do business in this State, be subject to the laws of this State for the government of foreign corporations. Provided, further, That any bridge constructed and maintained under the provisions of this Act shall be a public highway, and subject to use by all persons and corporations electing to use the same for any purpose or purposes to which the same is adapted, subject to such reasonable rules and regulations as the corporation owning such bridge shall prescribe, and that the rates of toll over said bridge shall be reasonable and uniform to all persons and corporations using the same: Provided, That nothing in this Act contained shall be deemed or construed to be a limitation or restriction of the right of the General Assembly to alter or amend the charter of any corporation or company constructing any bridge under the provisions of this Act. [1889 S., p. 68. In force March 2, 1889.] 3564a. Bridge company may own street railway. 1. Any bridge company owning a bridge across any stream forming a part of the boundaries of the state of Indiana, may acquire, own and operate as a part of the property of such bridge company, and in connection with the business of such bridge company, such line or lines of street railway as it may deem advantageous or necessary; and such company may, to that end, acquire, own and hold any part or all of the capital stock of any street railway company heretofore organized. [1889 S., p. 205. In force March 7, 1889.] 3564b. Bridge at state line - Purchase by city. 1. Any city of this or an adjoining state is hereby authorized to purchase the shares of stock in any bridge company or corporation owning a bridge across any stream forming the boundary line between this and an adjoining state where either terminus of such bridge is within or adjoining such city; and, all purchases of such shares of stock heretofore made by any such city are hereby confirmed and made legal: and, in case any city [which] shall have heretofore purchased four-fifths of all the shares in any such bridge company or corporation can not agree with remaining owners as to the price to be paid therefor, or can not for any cause obtain from such owners a valid title thereto, such city may condemn and appropriate such shares for public use, and all the assessments therefor shall be made by the city commissioners of such city. And, upon such purchase of all the shares of stock as aforesaid, or upon condemnation and appropriation as aforesaid, the title to such bridge and the real and personal property of such company or corporation shall vest in such city, and such bridge and the real and personal property aforesaid shall be the public property of such city and shall not be subject to taxation while owned by any such city; and such bridge shall be a public highway, free to all persons and vehicles, subject to such rules and regulations as may be passed by such city for the good government and protection and use of the same, and such fines for violation or neglect of any of the rules and regulations, not exceeding one hundred dollars, as the city may deem proper. [1859, p. 52. In force March 9, 1859.] 3565. Corporation may form. 1. Any number of persons may form themselves into a corporation, for the purpose of constructing and owning any canal hereafter to be built in this State, or for repairing, re-building, re-constructing, and operating any canal, or any portion thereof, hereafter made and constructed in this State, whenever the said last mentioned canal, or any part thereof, shall be abandoned, given up, or leased by the parties owning or claiming the same to any company incorporated under this Act: Provided, however, That no new canal shall be built or constructed under this Act in any county in this State, unless the consent to build and make the same is first had and obtained of record from the board of County Commissioners of the county in which said new canal is to be made and constructed. 3566. Articles of association. 2. The company or companies formed under this Act shall comply with the following requirements: They shall unite in articles of association, setting forth the name they assume; the points between which said canal is to be built, re-built, repaired, or re-constructed; and the amount of capital-stock, and the number of shares into which it is to be divided. The names and places of residence of the stockholders, and the amount of stock taken by each, shall be subscribed to said articles of association; and the same, when drawn up and signed by the stockholders, shall be recorded in each and every county through which said canal may be made, constructed, or repaired, provided the same shall be made, constructed, or repaired in more than one county. 3567. Increase of capital-stock. 3. It shall be lawful for any canal company which may be organized under this Act to increase its capitalstock, for the purpose of making such canal, or re-constructing, re-building,. or repairing the same, or any part thereof, as is provided in the first section of this Act [8 3565], or for any other purpose connected with the organization of said company; but before any such increase of the capital-stock of said company is made, said company shall have obtained the consent of so many stockholders thereof as shall be the owners, in the aggregate, of at least three-fifths of the original stock. 3568. Election of directors. 4. Not less than five nor more than seven directors shall be elected by the stockholders of such corporation, who shall hold their offices for one year and until their successors are appointed. Notice of the election of the directors shall be given, by three weeks' publication in some newspaper printed in the county or counties through which said canal may run, or, if no newspaper is printed in any county through which said canal may run, then by a written notice, to be stuck up in three of the most public places of said county, one at the seat of justice. 3569. Officers and powers. 5. Any board of directors elected under this Act may organize by choosing a president and secretary, and such other officers as may be required to carry out the purposes of the incorporation; and from thence shall be known as the "- Canal Company"; and shall be capable of suing and being sued, pleading and being impleaded, defending and being defended, in any Court of competent jurisdiction. 3570. May purchase property. 6. Any corporation formed under this Act may have a common seal, and the same use, alter, or change at pleasure; and be capable of purchasing, holding, using, and conveying any estate, real or personal, that may be deemed necessary as an appendage to the canal or needed in the construction or repair of the same. 3571. Books of account. 7. The directors shall, at all times, keep, or cause to be kept, at some proper place to be agreed on by them, proper books of account, in which shall be entered all the transactions of the company; which books shall be at all times subject to the inspection of the stockholders. 3572. By-laws-Tolls. 8. The officers so elected shall provide a code of by-laws for the government of the corporation, regulating the use and navigation of the canal, and the tariff of tolls and water-rents on the same; which by-laws, when approved by a majority of the stockholders, shall become a law, and binding, until altered or amended by a vote of an annual or called meeting of the stockholders. A statement of the rate of tolls assessed for the navigation of the canal shall be posted up along the line of the same, in such conspicuous places as may be determined on by the directors. 3573. Vacancies- Meetings. 9. The president and directors shall fill all vacancies that may occur in their body; they may sit on their own adjournments or a call of the president; and when the president or secretary is absent, the directors may appoint one of their members to fill the vacancy. The president may, if he deems it advisable for the interests of the company, call a meeting of the stockholders at any time. 3574. Votes of stockholders. 10. At all elections of directors, each stockholder shall be entitled to vote, in person or by proxy, in the manner and form prescribed by the by-laws, and according to the following scale: For each share not exceeding five, one vote; for every ten shares, two votes; for every five shares and not exceeding twenty, four votes; and for every five shares over twenty, one vote. 3575. Stock. 11. Certificates of stock shall be given to the stockholders (which shall be evidence of the stock held), to be signed by the president and secretary, the same to be transferable on the books of the company only; but such stock shall be held, at all times, by the company for any de linquency in the payment of any assessment. 3576. Tolls and water-rents. 12. The directors of any canal organized under this Act shall have the power of regulating the tolls on the same and the water-rents of said canal: Provided, however, Said tolls and waterrents shall be in accordance with the tariff of tolls and water-rents on similar works. 3577. Canal, a public highway. 13. Any canal made, constructed, re-built, repaired, or re-constructed under this Act, when so made, constructed, re-built, repaired, or re-constructed, shall be deemed and taken as a public highway, and free to all persons whatever to pass and re-pass with their boats or other water-craft, and with their produce, goods and chattels, wares and merchandise - such persons conforming to such rules and regulations as may be established by the company for the navigation. of said canal, and paying such tolls as may be established and required for the same. 3578. No diversion to any other use. 14. Any company or com panies organized under this Act, and obtaining possession of any canal, or part thereof, heretofore built within this State, under a grant, lease, or gift of the same from the parties who built the same, or were the owners, legal or equitable, of the same at the time of said grant, lease, or gift, shall not be allowed or permitted to change or divert the same to any other use or purpose than that for which said canal was originally built and constructed, but the same shall, for all time to come, except when undergoing repairs, be kept navigable, a public highway free to all persons whatever to pass and re-pass with their boats or other water-craft, and with their produce, goods and chattels, wares and merchandise — such persons conforming to such rules and regulations as the company may prescribe, and to the payment of such tolls as may be established and required for the navigation of the same. Any such company or companies changing or diverting said canal to any other purpose than navigating the same with boats and other water-craft, in the transportation of persons or property along said canal, shall forfeit all rights, privileges, and immunities granted under this Act; and the change and diversion of said canal to any other purpose than as provided in this section to wit, a navigable canal for boats and other watercraft, in the transportation of persons and property along the same-shall work a forfeiture of any grant, lease, or gift made under the provisions of this Act. 3579. Benefit of Act to oid companies. 15. All canal companies now in existence in this State, or which shall hereafter be organized, may have and possess all the benefits of this Act, by complying with the con ditions herein contained. SEC. ARTICLE 2- - FOR WATER-WORKS. SEC. 3580. Completion of unfinished canals Pur- 3584. Right-of-way. poses- Record. 3581. Articles of association. 3582. Directors-Powers- Election, 3583. Collection of calls. 3585. Re-organization of existing companies. 3586. Liability of stockholders. 3587. Power of directors. 3588. Effect of Act. [1852 S., p. 93. In force November 6, 1852.] 3580. Completion of unfinished canals-Purposes Record. 1. Any and all persons, corporations, or associations who may have purchased from the State of Indiana any of the unfinished canals of the State, |