shall be construed to abridge such companies of any of the powers, privileges and franchises to them belonging by their respective acts of incorporation and amendments thereto: And, provided further, That nothing herein contained shall be construed to prevent said companies from suing and being sued in their original corporate names for all rights accrued and for all liabilities incurred. before such consolidation and the adoption of such common name.

4161y. Connections. 3. Any street railroad company organized

and incorporated under the general laws of this State for the purpose of building a street railroad from any point in the State to a point on the State line, and any consolidated company, as in the prior sections of this act provided for, shall be authorized to connect with any other street railroad already made from such point on the State line, at any convenient point of intersection within this State.

4161z. Completion of lines.

4. Any such street railroad company or consolidated company so connected with the road of another street railroad company shall not be required to complete its own road to the State line so long as it shall continue to be thus associated with a company owning such other street railroad already built from the State line, but its franchises and powers to build and complete its own road to the terminal point on the State line whenever it shall be necessary so to do, shall remain unimpaired: Provided, That a consolidation either temporary or permanent effected under the provisions of this act with any street railroad company whose branches or any of them may be jointly used or occupied, or where a right by law exists to use and occupy the same by any other street railroad company, shall not in any manner affect the rights therein vested or secured by any act heretofore passed upon that subject.

4161aa. Rights and privileges. 5. Any street railroad company organized as in this act provided, and completing its connection with its terminal point on the State line by connecting with the street railroad of any other company as authorized by this act shall be taken and deemed to be a company owning and constructing a street railroad to the State line, and shall possess all the rights, franchises and privileges and be subject to all the obligations and duties of a street railroad company owning a street railroad to the State line as prescribed by any general law of this State not inconsistent with the provisions of this act.

P. 181.

4161bb. Power to intersect, join, etc., other line. 6. Any street amend. 2, 1903. railroad operated by electric or other power organized under the laws of this State shall have the power to intersect, join and unite its street railroad with any other street railroad by whatsoever power operated, constructed or in process of construction in this State or in any adjoining State at such point on the State line or any other point as may be mutually agreed upon by such company. And such companies are authorized to merge and consolidate the stock of the respective companies, making one stock company of the said street railroads thus connected, upon such terms as may be by them mutually agreed upon, in accordance with the terms and provisions of this act and with the laws of the adjoining State with whose street railroad or street railroads connections are thus formed: Provided, Their charters authorize said street railroads to go to the State line or to other point of intersection.

4161cc. Contracts and agreements. 7. Any street railroad company heretofore organized or which may hereafter be organized under the laws of the State of Indiana, and which may have been constructed or commenced the construction of its street railroad so as to meet and connect with any other street railroad in an adjoining State at the boundary line of this State, shall have the power to make such contracts and agreements with any such street railroad constructed in an adjoining State for the transportation of passengers or for the use of its said street railroad, as to the board of directors may seem proper.

[1901 S., p. 95. Approved March 5, 1901.]

4161dd. Lease of street or electric railroad. 1. That any street or electric railroad company now or hereafter existing under the laws of this State, may enter into a running or operating contract or contracts with, or take a lease or leases of the road, equipment and plant of, any other street or electric railroad company of this State, or of any adjacent State, if their lines of railroad, either completed or in process of construction, connect or will connect with each other and as part of or in connection with such contract or lease, the first mentioned company may guarantee the payment of any of the bonds or liabilities of such other company.

[1867, p. 110. In force March 11, 1867.]

4162. May be formed. 1. Any number of persons may form themselves into a corporation for the purpose of establishing, maintaining, and operating lines of electric telegraph within the State of Indiana.

4163. Articles of association. 2. Any company formed under this Act shall comply with the following requirements, to wit: It shall unite in articles of association, setting forth the name it assumes, the points between which said company proposes to operate lines of telegraph, the amount of capital-stock, and the number of shares into which it is 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 signed by the stockholders, shall be acknowledged before some officer authorized to take acknowledgments of deeds, and recorded in the office of the Recorder of each county through which the same shall run.

4164. Election of directors. 3. Not less than three nor more than five directors shall be elected by the stockholders, who shall hold their office for one year and until their successors are elected and qualified. Notice of the election of directors shall be given by publication, for two weeks successively, in some newspaper published in the county in which the principal office of the company is located.

4165. Officers-When incorporated. 4. Any board of directors elected under this Act may organize by choosing a president (who may also be the superintendent of said company), and a secretary (who may also be treasurer of the company), and such other officers as may be necessary to carry out the purposes of the organization; and from thence shall be known by its corporate name, and shall be capable of suing and being sued, pleading and being impleaded, defending and being defended, in any Court of competent jurisdiction.

4166. Seal-Powers. 5. Such company may have a common seal, and the same alter or change at pleasure. It shall have power to acquire, by purchase or otherwise, hold, and convey such real and personal estate as may be necessary and proper for the purpose of erecting and keeping in repair its lines of telegraph and the buildings requisite for their operation. Said corporation may continue for a term not exceeding fifty years.

Such corporation shall have power to acquire such real estate and rights-ofway as may be necessary for the uses and purposes herein contemplated, under the writ of assessment of damages, as fully as if the Act in relation to said writ were incorporated and made part hereof. 4167. By-laws - Record-book - Evidence. 6. The board of directors shall provide a code of by-laws for the government of the corporation and the management of its business; and shall cause to be kept a fair record of its proceedings in a book provided for that purpose; and such record, or copies duly attested by the secretary, may be read in evidence when the interests of said corporation are concerned.

4168. Powers. 7. All telegraph companies organized under this Act shall have power to lease or attach to other telegraph lines, by lease or purchase.

4169. Railroad companies may be stockholders. 8. A railroad company may become a stockholder in any telegraph company.

4170. Assessments - Increase of capital. 9. The board of directors shall have power to make assessments, from time to time, on the stock, for the purpose of repairing or extending its lines; and shall also have the power, with the consent of a majority of the stockholders, of increasing its capital-stock for the purpose aforesaid.

4171. By-laws as to stock. 10. The board of directors shall, in its by-laws, determine the manner in which the stock of the company shall be held and conveyed.

4172. Liability of stockholders. 11. Every stockholder shall be liable in his individual capacity for any contract, debt, or engagement of such company, to an amount, over and above his stock, equal to the amount of the par value of his stock.

4173. May reduce capital-stock. 2. Any of said companies, through its board of directors, with the consent of a majority of the stockholders, shall have power to reduce its capital-stock to any amount not below the actual cost of construction.

4174. Residence of directors. 3. The officers and directors of said telegraph companies shall hereafter be elected from among the stockholders residing in this State, or at some point in any of the adjoining States where any of said companies shall have a telegraph station.

4175. Organizations legalized. 4. All irregularities or defects in the organization of said telegraph companies are hereby legalized: Provided, That this section shall not be construed in such a manner as to prejudice the rights of citizens of this State, nor in such a manner as to allow such companies to institute any suit or suits against the inhabitants of this State which they are not now allowed to institute by the laws of this State. [1 R. S. 1852, p. 481. In force May 6, 1853-] 4176. Duty as to dispatches-Penalty.

1. Every electric tele

graph company with a line of wires wholly or partly within this State and engaged in doing a general telegraphic business, shall, during the usual office hours, receive dispatches, whether from other telegraph lines or other companies, or individuals; and shall, upon the usual terms, transmit the same with impartiality and in good faith, and in the order of time in which they are received, and shall in no manner discriminate in rates charged or words or figures charged for or manner or conditions of service between any of its patrons, but shall serve individuals, corporations and other telegraphic companies with impartiality: Provided, however That arrangements may be made with the publishers of newspapers for transmission of intelligence of general and public interest out of its order, and that communication for and from officers of justice shall take precedence of all others. [As amended by act in force April 8, 1885. S., p. 151.

1. This is a penal statute, and must be construed strictly.-W. U. Tel. Co. v. Hamilton, 50 Ind. 181.

2. The fact that the act of negligence occurred at an office on the line out of this State will not bar a recovery here.-ld.

3. The plaintiff in an action against a telegraph company must aver that "the defendant was engaged in telegraphing for the public."-W. U. Tel. Co. v. Axtell, 69 Ind. 199.

4176a. Penalty. 3. Any person or company violating any of the provisions of this act shall be liable to any party aggrieved in a penalty of one hundred dollars for each offense, to be recovered in a civil action in any Court of competent jurisdiction: Provided, Nothing in this act shall be construed to take away or abridge the right of such aggrieved party to appeal to a Court of equity to prevent such violations or discriminations by injunction or otherwise. [Act in force April 8, 1885. S., p. 151.

4176b. Repealing clause. 4. All laws and parts of laws inconsistent with this act are hereby repealed. [Act in force April 8, 1885. S.,

P. 151.

4177. Negligence and disclosure-Damages. 2. Telegraph companies shall be liable for special damages occasioned by failure or negligence of their operators or servants, in receiving, copying, transmitting, or delivering dispatches, or for the disclosure of the contents of any private dispatch to any person other than to him to whom it was addressed, or his agent.

1. Special damages recoverable under this section can not be barred by regulations of the company concerning the repeating of messages.-W. U. Tel. Co. v. Meek, 49 Ind. 53.

2. If a message be couched in decent language, the company is bound to transmit it, without inquiry as to the motives of the sender.-W. U. Tel. Co. v. Ferguson, 57 Ind. 495.

3. A telegraph company having a line of wires wholly or partly in this State is liable in damages for the failure of its agent to transmit a message.-W. U. Tel. Co. . Lewelling, 58 Ind. 367.

4. The plaintiff, to whom a message was sent but not delivered by the company, may recover damages for the non delivery thereof, although the relation of contractor did not exist between him and the company.-W. U. Tel. Co. v. Fenton, 52 Ind. 1.

4178. Delivery of dispatches. 3. Such companies shall deliver all dispatches, by a messenger, to the persons to whom the same are addressed, or to their agents, on payment of any charges due for the same: Provided, Such persons or agents reside within one mile of the telegraphic station or within the city or town in which such station is.

1. Under this section, it is the duty of the company to transmit a message, not merely to the telegraph station, but to the person addressed.-W. U. Tel. Co. v. Lindley, 62 Ind. 371.

4179. Railroads as stockholders or owners. 4. A railroad company may construct a telegraph to connect two or more points on its railroad. And if such railroad company entirely own such telegraph lines, it shall not be bound to telegraph for the public, unless it undertakes to do so.

4180. Contracts by telegraph. 5. Contracts made by telegraph, between two or more persons, shall be considered as contracts in writing.