Co. v. Smythe, 45 id. 322; I. & V. R. R. Co. v. Newsom, 54 id. 121; P., Ft. W. & C. 4. No offer to purchase is necessary before proceedings to redeem.- Swinney v. Ft. W., M. & C. R. R. Co., 59 Ind. 205. 5. As to measure of damages, see McMahon v. C. & C. S. L. R. R. Co., 5 Ind. 413; E. I. & C. R. R. Co. v. Fitzpatrick, 10 id. 120; L. P. R. Co. v. N. A. & S. R. R. Co., 13 id. 90; W. W. V. R. R. Co. v. McClure, 29 id. 536; Graham v. C. & N. C. J. R. R. Co., 36 id. 463; G. R. & I. R. R. Co. v. Horn, 41 id. 479; P., Ft. W. & C. Ř. R. Co. v. Swinney, 59 id. 100; Swinney v. Ft. W., M. & C. R. R. Co., id. 205; L. M. & B. v. Murdock, 68 id. 137. 6. If a railroad company take possession of a person's land, for the use of its road, without right, the owner may maintain ejectment, and may injoin until damages are assessed and paid.- Graham v. I. C, R. R. Co., 27 Ind. 260; Cox v. L., N. A. & C. R. R. Co., 48 id. 178; Roelker v. St. L. & S. E. R. R. Co., 50 id. 127; A., L. & St L. R. R. Co. v. Kernodle, 54 id. 314. But not if, under the owner's license, the road [1889 S., p. 352. Limitation on right. be constructed upon his land.- Buchanan v. Logansport, etc., R. R. Co., 71 Ind. 265. Or, he may proceed under the statute to have the damages assessed.-C. & S. R. R. Co. v. Richardson, 7 Ind. 543; M. & M. R. R. Co. v. Ward, 9 id. 123. 3907a. Condemnation permitted, when In force May 10, 1889.] I. Any railroad company organized under the laws of the state of Indiana but not under an act of the legislature of said state, entitled "An act to provide for the incorporation of railroad companies," approved May 11, 1852, may adopt the provisions of said act for condemning real estate: Provided, that nothing herein contained shall be deemed or held to authorize such corporations to condemn for any purpose or to any extent not authorized by its charter, but such company adopting the provisions of said act shall not condemn more, or for any person than as authorized by its charter; neither shall such corporation be deemed to have surrendered or abandoned its charter by condemning real estate as herein authorized. [1 R. S. 1852, p. 409. In force May 6, 1853.] 3908. Adverse claimants. 16. If there be adverse or conflicting claimants to the money, or any part of it, to be paid as compensation for the real estate taken, the Court may direct the money to be paid into the said Court by the company, or take security for the same until it can determine who is entitled to the same, and shall direct to whom the same shall be paid; and may, in its discretion, order a reference, to ascertain the facts on which such determination and order are to be made. 3909. Unknown parties - Amendments. 17. The Court shall appoint some competent attorney to appear for and protect the rights of any party in interest who is unknown, or whose residence is unknown, and who has not appeared in the proceedings by an attorney or agent. The Court shall also have power, at any time, to amend any defect or informality in any of the special proceedings authorized by this Act as may be necessary, or to cause new parties to be added, and to direct such further notice to be given to any party in interest, as it deems proper; and also to appoint other commissioners in the place of any who shall die, or refuse or neglect or are unable to serve, or who may leave or be absent from the State. 3910. Defective title. 18. At any time after an attempt to acquire title by appraisal of damages or otherwise, if it shall be found that the title thereby attempted to be acquired is defective, the company may proceed, anew, to acquire or perfect the same in the same manner as if no appraisal had been made. At any stage of such new proceedings, the Court may authorize the corporation, if in possession, to continue in possession, and, if not in possession, to take possession of and use such real estate during the pendency and until the final conclusion of such new proceedings; and may stay all actions and proceedings against the company, or any officer, agent, or workman of such company, on account thereof, on such company paying into Court a sufficient sum (as the Court may direct) to pay the compensation therefor when finally ascertained; and in every such case, the party interested in such real estate may conduct the proceedings to a conclusion, if the company delay or omit to prosecute the same. [1893 S., p. 335. In force March 4, 1893.] 3910a. Recording of release of right of way. 1. Any railroad corporations, lessee or assignee, or receiver, or other person or corporation, running, controlling or operating, or that may hereafter construct, build, run, control or operate any railroad into or through this state shall, within forty-five days from the date of execution of any conveyance, lease, release or other contract affecting the right of way of any railroad hereafter constructed, record, or cause to be recorded, in the proper records in the recorder's office of the county wherein the lands are situate so conveyed, leased, released or constructed. 3910b. Failure to record-Effect. 2. Every such conveyance, lease, release or other contracts affecting any right of way of any railroad not so recorded in forty-five days, as provided for in section one of this act, shall be void as against any subsequent purchaser, lessee or mortgagee in good faith and for a valuable consideration. In force May 6, 1853.] [1 R. S. 1852, p. 409. 3911. Borrowing money. 19. Such company may, from time to time, borrow such sums of money as it may deem necessary for completing or operating its railroad, and issue and dispose of its bonds for any amounts so borrowed, for such sums, and at such rate of interest as is allowed by the laws of the State where such contract is made, and may mortgage its corporate property and franchises to secure the payment of any debt contracted by such company; and the directors of such company may confer on any holder of any bond issued for money borrowed as aforesaid, the right to convert the principal due or owing thereon into stock of said company, at any time not exceeding fifteen years from the date of said bond, under such regulations as the company may adopt; and such company may sell its bonds, either within or without this State, at such rates and prices as permitted by law, and such sales shall be as valid as if such bonds should be sold at par value. 1. Bonds in the usual forms of such securities have the attributes of commercial paper.-Junction R. R. Co. v. Cleaney, 13 Ind. 161; M. & I. R. R. Co. v. N, S. So. ciety, 24 id. 457. 2. Though a railroad company has no power by its charter to indorse the bonds of another for accommodation, yet, if it do so, and there be nothing on the face of the paper to indicate that it was for accommodation, it will be bound to an innocent holder.-Id. 3. A mortgage of lands is not necessarily inconsistent with the duty to sell them, imposed by section 3901.-Taber v. C., L. & C. R. R. Co., 15 Ind. 459. 4. The mortgage may be to a trustee.- Wright v. Bundy, 11 Ind. 398. 3912. Preferred stock. 20. For the purpose of providing means for the payment of its debts, and for the construction of its road, materials, or equipments, such company may issue preferred stock to an amount not exceeding one-half of the amount of its capital, with such priority over the remaining stock of such company, in the payment of dividends, as the directors of such company may determine and shall be approved by a majority of the stockholders. 3913. Altering line. 21. If, at any time after the location of the track of such road, in whole or in part, and the filing of the map thereof, it shall appear to the directors of such company that the line thereof may be improved, such directors may, from time to time, alter the line, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of lands embraced in such new location that may be required for the construction and maintenance of such road on such new line, either by agreement with the owner or by such proceedings as are authorized under the preceding sections of this Act, and use the same in place of the line for which the new is substituted. But nothing in this Act shall be so construed as to confer upon any rail road company already incorporated any power to locate its road on any [1865 S., p. 118. In force December 20, 1865.] 3914. Local alteration. line of any railroad chartered by this State, and the filing of the map thereof, 1. If at any time after the location of the it shall appear to the directors of such company that the line thereof is unnecessarily dangerous, inconvenient, or expensive to operate, by reason of unavoidable causes, grades, or other serious errors in location, such direct ors may make local alterations of the line, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of the lands embraced in such new location which may be necessary for the construction and maintenance of such road on such altered line, either by agreement with the owner or by such proceed ings as are authorized by the charter of such company, and may use such new line in the place of the one for which it is substituted. in this Act shall be so construed as to confer upon such railroad company But nothing any power to locate its road on any route which would not have been authorized by its charter; and nothing in this Act contained shall authorize such company to make a location of its track within any city without the consent of the Common Council of such city, nor to change its road so as to avoid any point named in its charter. And any change so made by any railroad company shall subject the same to the payment of all damages that may be sustained by any parties from such change, to be recovered the same as other damages are now recovered: Provided, That if any railroad company propose to change any part of its track for a distance of more than one mile, or to seek to re-locate its road, it shall, previous to any such change or re-location, pay to the owner or owners of any real estate lying along or near the route or line of said road, from which said track is proposed to be taken, all damages that may accrue to such owner or owners on account of such removal. manner as lands taken for railroad purposes in pursuance of the statute now Said damages shall be assessed in the same i force in this State; and said damages shall be assessed and paid to the owner or owners of said lands, or paid into the county treasury to the credit of the owner or owners of said lands, previous to the change or re-location of said railroad. [1 R. S. 1852, p. 409. In force May 6, 1853.] 3915. Crossing roads. 22. Whenever the track of such railroad shall cross a road or highway, such road or highway may be carried under or over the track, as may be most expedient; and in cases where an embankment or cutting shall make a change in the line of such road or highway desirable, with a view to a more easy ascent or descent, the said company may take such additional lands for the construction of such road or highway, or such new line, as may be deemed requisite by said directors. Unless the lands so taken shall be purchased or voluntarily given for the purposes aforesaid, compensation therefor shall be ascertained, in the manner in this Act provided, as nearly as may be, and duly made by such corporation to the owners and persons interested in such lands; and the same, when so taken and compensation made shall become part of such intersecting road or highway, in such manner and by such terms as the adjacent parts of such highway may be held for highway purposes. [1893 S., p. 302. In force May 18, 1893.] 3915a. Lights at street crossings. 1. That the common councils of all cities of this state, not working under a special charter granted by the legislature of the State of Indiana, shall have the power to provide by ordinance or resolution for the security and safety of citizens and other persons from the running of trains through any city by requiring railroad companies running and operating a railroad through any city to keep and maintain lights on all nights that the common council may direct, at the points where the railroad tracks cross a street in any city, and may in such ordinance or resolution provide what kind of lights the railroad company shall maintain, and the manner of enforcing the compliance with the said resolution or ordinance by the railroad company, and for that purpose shall have power to pass and enforce a penal ordinance: Provided, That no city shall have authority under this act to pass any resolution or ordinance requiring any railroad company to maintain any different kinds of lights than that maintained by said city. [1891 S., p. 364. In force March 9, 1891.] 3915b. Flagmen at crossings, stationed when. 1. All railroads owned or operated in the state, having more than two tracks across any public highway or road and used for switching purposes exclusively, or regularly, or if only one track and used for switching purposes, said railroad corporation shall, upon the order of the county commissioners in which said railroad is located, place a flagman at said crossing and maintain the same, at their expense from six o'clock A. M. to eight o'clock P, M., of each and every day, or so long as said commissioners deem it necessary. 3915c. Failure to comply. 2. Should said railroad corporation neglect or refuse to comply with said order, they shall forfeit and pay, to the state of Indiana, not less than one hundred dollars nor more than one thousand dollars. [1 R. S. 1852, p. 409. In force May 6, 1853.] 3916. Public lands. 23. If any corporation shall, for its purposes aforesaid, require any land belonging to the State or to any county or town, the General Assembly and the county and town officers, respectively, having charge of such lands, may grant such lands to such corporation upon such terms as shall be agreed upon; and if they shall not so agree, the same may be taken by the corporation in the same manner as provided in other cases. No railroad shall be located upon or across the grounds of the State occupied by the Institutions for the Insane, the Blind, or the Deaf and Dumb. 3917. Officers' badges. 24. Every conductor, baggage-master, engineer, brakeman, or other servant of any such railroad corporation, employed on a passenger train or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office and the initial letters of the style of the corporation by which he is employed. No collector or conductor, without such badge, shall demand or be entitled to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office; and no other of said officers or servants, without such badge, shall have any authority to meddle or interfere with any passenger or property. 3918. Annual report. 25. Every such corporation shall make an annual report to the Secretary of State of the operations of the year ending on the first day of January; which report shall be verified by the oaths of the treasurer and acting superintendent of operations, and filed in his office by the tenth day of January in each year, and shall state First. The capital-stock, and the amount actually paid in. Second. The amount expended for the purchase of lands for the construction of the road, for buildings, and for engines and cars, respectively. Third. The amount and nature of its indebtedness, and the amounts due the corporation. Fourth. The amount received for the transportation of passengers, of property, of mails, and from other sources. Fifth. The amount of freight (specifying the quantity in tons) of the products of the forest, of animals, of vegetable food and other agricultural products, manufactures, merchandise, and other articles. Sixth. The amount paid for repairs, engines, cars, buildings, and salaries. Eighth. The number of engine-houses and shops, and of engines and cars, and their character. Ninth. The number of miles run by passenger, freight, and other trains, respectively. 3919. Lien for taxes and debts. 26. The State shall have a lien upon all railroads of such corporations, and of their appurtenances and stock therein, for all penalties, taxes, and dues which may accrue to the State from such corporations; which lien of the State shall have precedence of all demands, judg ments, or decrees against said corporations. And the citizens of this State shall have a lien upon all personal property of said corporations, to the amount of one hundred dollars, for all debts originally contracted within this State; which, after said lien of the State, shall take precedence of all other debts, demands, judg ments or decrees, liens or mortgages against such corporations. 3920. United States mails. 27. Any such corporation shall, when applied to by the Postmaster-General, convey the mails of the United States on its road; and in case such corporation shall not agree to the rates of transportation thereof, and as to time, rate of speed, manner, and condition of carrying the same, the Governor of this State may appoint three commissioners, who, or a majority of them, after fifteen days' notice, in writing, of the time and place of meeting to the corporation, shall determine and fix the prices, times, and conditions aforesaid; but such prices shall not be less for conveying said mails in the regular passenger trains than the amount which said corporation would receive as freight on a like weight of merchandise transported in their merchandise trains and a fair compensation for the post-office car. And in case the Postmaster-General shall require the mail to be carried at other hours and at a higher speed than the passenger trains are run, the corporation shall furnish an extra train for the mail, and be allowed an extra compensation therefor. 3921. Non-paying passenger put off. 28. If any passenger shall refuse to pay his fare or toll, the conductor of the train or the servants of the corporation may put him out of the cars at any usual stopping-place. I. This section is a police regulation, to protect the public from the dangers of frequently stopping trains, and the perils of increased speed to regain time thus lost. It is not prohibitory; and one refusing to pay his fare has no claim for being put off elsewhere than at a usual stopping place.-Jeff. R. R. Co. v. Rogers, 28 Ind. 1; Id., 38 id. 116; I. & C. R. R. Co. v. Rinard, 46 id. 293; B. P. & C. R. R. Co. v. McDonald, 68 id. 316; T., W. & W. R. R. Co. v. Wright, id. 586. 2. The right to expel a passenger, and also to refuse to receive him, exists whenever, by reason of intoxication, he is offensive or disagreeable to others, or when he refuses to conform to reasonable regulations in his conduct, or is disorderly or indecent.-I., P. & C. R. R. Co. v. Anthony, 43 Ind. 183; P., C. & St. L. R. R. Co. v. Van Houten, 48 id. 90; P., C. & St. L. R. R. Co. v. Vandyne, 57 id. 576. 3. A passenger delivered his ticket to the conductor, who gave no check; and there being a change of conductors, the new one expelled him for want of a check: Held, that the company was liable in damages.-P., C. & St. L. R. R. Co. v. Hennigh, 39 Ind. 509. See, also, I., B. & W. R. R. Co. v. Milligan, 50 Ind. 392; T.,W. & W. R. R. Co. v. McDonough, 53 id. 289. 4. A passenger entering a train which, by regulations of the company, carries only such passengers as procure a particular kind of ticket, may be expelled if, having notice of the regulation, he do not comply with it.- Falkner v. O. & M. R. R. Co., 55 Ind. 369. A regulation forbidding passengers upon freight trains without tickets is valid; but, in that case, if a person fail to obtain a ticket because the agent is absent, he has a right to travel upon such train, upon payment of fare, and, if expelled, may recover. St. L. & S. E. R. R. Co. v. Myrtle, 51 Ind. 566. |