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3997. Appropriation of lands. 4. In all cases when any person or persons through whose lands the proposed extension of any such road may run shall refuse to relinquish the same, or when a contract between the parties can not be made for the right of way and necessary ground for switches, side tracks, and depot grounds, it shall be lawful for the corporation to give notice to some Justice of the Peace in the township where the difficulty may occur, that such facts do exist; and such Justice of the Peace shall, thereupon, summon the owner or owners of such lands to appear before him on a particular day, within ten days thereafter, and shall appoint six disinterested freeholders of the neighborhood, who shall, after taking an oath faithfully and impartially to assess the damages, if any, view the land and report thereon how much damage such person or persons may be entitled to, and file such report with such Justice; whereupon such Justice shall enter judgment thereon, unless for good cause then shown; and in case either party show sufficient cause why judgment should not be entered, the Justice may grant a review, with or without costs: Provided, That either party may appeal to the Circuit Court of the proper county as in other cases, and such Court shall appoint viewers as above directed, who may report, at that or any subsequent term, in the discretion of the Court, and the judgment of the Circuit Court shall be final. And in all cases where the owner or owners of such land shall be minors or insane persons, or reside out of the county where such lands lie, such Justice shall cause three notices of the appointment of viewers to be posted up in three of the most public places in the township where such lands lie; and if no person shall attend on the day of such notice, the said Justice shall adjourn the same to that day two weeks, at which time he shall proceed as if such person or persons had been personally rotified to attend; and on such judgment being rendered, and said corporation complying therewith, by the payment of the damages assessed and costs, the said corporation shall be seized in fee simple of the lands for the sole use of the corporation.
3998. Fee simple in way. When such corporation shall have procured the right of way, it shall be seized in fee simple of the lands, and shall have the sole use and occupation of the same for the purposes aforesaid; and no person, or body politic or corporate, shall, in any way, interfere therewith, molest, disturb, or injure any of the rights and privileges hereby granted, or that would be calculated to detract from or affect the property of the said corporation.
(1885 S., p. 148. In force April 8, 1885.] 3998a. Farm crossings. 1. That owners of tracts of land separated by the right of way of a railway company, or owner of a tract or tracts of land separated by the right of way of a railway company froin a public highway or road, lying and situated immediately contiguous to aud adjoining said right of way may, if such right of way has been or shall hereafter be acquired by condemnation and appropriation, or by purchase or donation, construct and maintain" wagon and driveways over and a cross such right of way leading from one of such tracts to another on the opposite side of sucli right of way, or leading from such tract or tracts of land on one side to the highway on the other side of the right of way, at any point most convenient to such
For this purpose suchi owner may enter upon such right of way and construct such embankment or make such excavation on one or both sides of the track of such railway as may be necessary to establish ensy grades from one tract of land to the opposite tract or high wily, and may spike planks on the ties of such railway on the line of such way for the space of the width of such way, of such thickness as not to be elevated above the top of the rails of such railway, and may also bridge the gutters at the sides of such railway track in such manner as not to obstruct the flow of water therein: Prorided, The railroad company sball make the crossing. [As amended, 1899 S., p. 485. Approved March 6, 1899.
3998b. Gates in fence. 2. When such railroad is fenced on one or both sides at the point where such way is constructed such owner shall erect and maintain substantial gates in the line of such fence or fences across such way, and keep the same securely locked, when not in use by himself or employes.
3998c. Animals killed or injured-Liability. If animals are killed or injured on the track of such railroad by the cars or locomotives thereof, the company owning or operating such railroad shall not be liable to pay damages therefor if such animal entered upon the track of such railroad through such gates, unless it shall be proved that such killing or injury was caused by the negligence of the servants of the company owning or operating such railroad.
(1873, p. 186. In force March 10, 1873.] 3999. Connecting contracts. 1. All railroad companies now organized or that may be hereafter organized under the laws of this State, having connect
ing roads, may enter into contracts, by their respective boards of directors, by which the locomotives and trains of ope railroad company, for the transportation of freight and passengers, may be run and operated over and upon the track and road of another railroad company, upon such terms as the said companies may agree upon.
1. One company may aid in building another's road with a view to the subsequent use of its track under this section.- A. & C. R. R. Co. v. Lawrenceburg, 56 Ind. 80.
2. A railroad company has no authority to lease or dispose of a portion of its road, so as to exclude itself from all use and control thereof, for a period practically without end. - Board v. L. M. & B. R. R. Co., 50 Ind. 85.
4000. Contracts ratified. 2. All contracts heretofore made in good faith betweep railroad companies organized under the laws of this State, acting by their respective boards of directors, by which the locomotives and trains of one railroad company, for the transportation of freight and passengers, are to be run and operated over the track and road of another railroad company, are hereby ratified and made legal.
4001. Liability to third persons. 3. Every railroad company that shall nin and operate its locomotives and trains upon the track and road of another railroad company shall be liable to third persons for all damages occasioned by such locomotives and trains, in the same manner and to the same extent as though the track and road upon which such locomotives and trains were run and operated belonged to the coni pany owning and operating the same.
ARTICLE 2,— FORFEITURES.
SEC. 4002. 4003 4004 4005
4006. Amendment or repeal.
Further time for completion.
4008. Failure to complete.
(1865 S., p. 115. In force April 13, 1866.] 4002. Of branch.
1. Whenever any railroad company, incorporated, organized and existing under any act or charter granted by the General Assembly of the State of Indiana prior to the taking effect of the present Constitution, which shall have been authorized by such charter, or any amendments thereto, to construct any branch road to their main route, and shall have procured the right of way for such branch road or any part thereof, and proceeded to cut out and grade the same or any part thereof, but shall have ceased work upon the same, for a period of ten consecu. tive years prior to the first day of the present session of the General Assembly, with. out having completed any part thereof, such right of way to such branch route and to every part thereof shall be, and the same is hereby declared to be forever, forfeited and lost by said company, as well as all work done and labor and material furnished by said company toward the grading of the same; and the said right of way, and each and every part thereof, shall re-invest in the owners of the soil over which the said branch road may have been laid out, in the same manner and relation as before it was granted to said company.
(1861 S., p. 74. In force September 7, 1861.) 4003. Time for completion. 1. Any railroad company heretofore organized under and pursuant to an act entitled "An act to provide for the incor. poration of railroad companies," approved May 11, 1852, which, within three years after its incorporation, shall have begun the construction in good faith upon the road. bed of its road, and shall have actually expended thereon four hundred thousand dollars in the construction thereof, exclusive of expenses for pay of officers, right of way, engineering, and other incidental expenses, shall have ten years from and after the thirtieth day of December, 1861, to complete the same; and if said road shall not then be completed, the corporate powers of such company shall cease and its act of incorporation shall become void: Always Provided, That this act shall not extend to any corporation whose charter shall have been declared forfeited, or against which a final judgment of ouster shall have been entered.
[1863, p. 15. In force February 18, 1863.] 4004. Time for completion. 1. Any railroad company legally organ.
ized under and pursuant to an Act entitled “An Act to provide for the incorporation of railroad companies," approved May 11, 1852, which, within three years after its incorporation, shall have in good faith begun the construction of its road, and shall have actually expended thereon a sum equal to two thousand dollars per mile of the entire length of the road in the construction thereof, exclusive of officers' salaries and expenses, shall have ten years from and after the thirtieth day of December, 1862, to complete the same.
4005. Failure. 2. The corporate powers of all companies falling within the provisions of this Act are continued in full force for and during the said additional term of ten years; and if, at the expiration of said term, such road shall not be completed, the corporate powers of such company shall then cease and its Act of incorporation become void: Always Provided, That the benefits of this Act shall not extend to any corporation whose charter shall have been declared forfeited, or against which a final judgment of ouster shall have been entered; nor shall this Act save any corporation or company from the effect of any thing done or omitted, except a failure to complete its road, as provided therein.
4006. Amendment or repeal. 3. This Act may be amended or repealed at the discretion of the Legislature.
(1871, p. 18. In force February 23, 1871.] 4007. Further time for completion. 1. Any railroad company organized under and pursuant to an Act entitled "An Act to provide for the incorporation of railroad companies," approved May 11, 1852, whose time for completing their road has been heretofore extended for a period of ten years, and which has expended at least two thousand dollars per mile of the entire length of the road in actual construction, and which, at the expiration of the time limited by the Act extending the time for the completion of certain railroads, approved May 31, 1861, shall not have fully completed the same, shall have two years from the thirtieth day of December, 1871, to complete the same.
4008. Failure to complete. 2. The corporate powers, rights, and franchises of all companies falling within the provisions of this Act are continued in full force for and during the said additional term of two years; and if at the expiration of said term such road shall not be completed, the corporate powers of such company shall cease: Provided, always, That the benefits of this Act shall not extend to any corporation whose charter shall have been declared forfeited, or against which a final judgment of ouster shall have been entered. Nor shall this Act affect the rights or interests of any railroad company over any railroad that has been constructed and put in operation by a company, the road-bed of which has been purchased of another company.
SEC. 4003. Change of name.
4019b, Courts to enforce act.
4010c. Manner of procedure in court. 4011. Franchises-Suits.
4020. Signals at crossings. 4012. Classification of directors.
4020a. Signal lights at switches. 4013. Branches--Bridge stock.
4020b. Location of lights. 4014. Branches.
4020c. Liability for injury to person. 4015. Power to take land.
4020d. Penalty. 4016. Extension.
4021. Penalty for failure. 4017. Right-of-way.
4022. Suits for. 4018. Telegraph lines.
4023. Dainages. 4019, Telegraph lines.
4024. Penalty to school-fund. 4019a. Telegraph wires over tracks, etc.
-1010. Record and notice.
(1853, p. 103. In force February 22, 1853.] 4009. Change of name. 1. Any railroad company, desiring so to do, may change its name by resolution of its board of directors, duly entered upon its records, and, in so doing, may adopt such name as may be agreed upon by said board.
4010. Record and notice. 2. It shall be the duty of said board to cause a copy of the resolutions changing the name of its road, as above provided, to be recorded in the offices of the Recorders of the several counties through which the road may run, and also to give notice thereof by publication in some newspaper of general circulation in this State.
4011. Franchises - Suits. 3. The change of name as herein provided shall not be construed to deprive any company of any of the powers and franchises granted to it by the original Act of incorporation or amendments thereto; nor shall any thing herein contained be so construed as to prevent any company, changing its name, from suing or being sued in its original name for all rights and liabilities which may have accrued previous to changing its name.
[1869 S., p. 103. In force May 15, 1869.] 4012. Classification of directors. 1. It shall be lawful for the board of directors of any railway company whose road passes through this State into adjoining States, by lot or otherwise, to so classify the members thereof, that one-fourth (as near as may be) shall terminate their official terms as directors at the first annual election thereafter, and one-fourth at each subsequent election; and, after being thus classified, the stock and bondholders shall elect only the number of the board of directors necessary to fill the vacancies created by the expiration of the period of services fixed as aforesaid.
(1863, p. 6. In force February 21, 1863.] 4013. Branches - Bridge stock. 1. It shall be lawful for any railroad company in this State organized under the general or special laws of this State, to make branches or extensions of its railroad to the boundary line of any county in which such road may have a terminus, such boundary line being also a boundary line of the State; and such railroad company shall have all the powers, rights, and privileges in relation to such branches or extensions as it has or may have in relation to its original road under the law by which it was organized and in conformity to the law of its organization, with power to said company to subscribe and take stock in any railroad-bridge company on the route of said road or at the terminus of said railroad, for the use and benefit of said road: Provided, That any such bridge at the terminus of said road shall be so constructed as to admit the passage of vehicles, foot-passengers, and for general purposes.
(1869 S., p. 100. In force August 16, 1869.) 4014. Branches. 1. Any railroad company organized under the laws of this State is hereby authorized to build and operate, in addition to the main line authorized by its charter or articles of association, branch railroads from any point or points on its main line, to or through any adjacent mineral lands containing coal, iron or building stone, not, however, exceeding in distance fifty miles from the nearest point on said main line: Provided, however, That no railroad company shall build any such branch railroad if the owners of one-third of its stock object thereto. [As amended, 1889 S., p. 100. In force March 5, 1889.
[1865 S., p. 117. In force December 19, 1865.) 4015. Power to take land.
2. The powers of the charter of any railroad company constructing such branch, in relation to the entering upon and taking possession of and acquiring title to any ground and materials necessary in the construction and maintenance of such road, shall be, and the same are hereby, extended to the construction and maintenance of any such branch road.
(1879, p. 48. In force March 8, 1879.) 4016. Extension. 1. Any railroad company organized under any general law of this State is hereby empowered to extend its road, from time to time, beyond either terminus fixed in its articles of association, and to construct or cause to be constructed, and to own and operåte such extension or extensions, in the same manner, and to the same extent, as if such extension or extensions had been included between the termini named in its original articles of association: Provided, however, That before any such extension or extensions are commenced, the same shall be authorized by resolution adopted by the holders of a majority, in value, of the capital-stock of the company proposing to extend its road; and such resolution shall specify the point from and the
point to which such extension is to be made, and the township or townships and county or counties into or through which the same is to be constructed. A copy of such resolution, signed by the president and attested by the secretary of said company, under its corporate seal, shall be filed in the office of the Secretary of State.
4017. Right-of-way. 2. Any railroad company extending its line under the provisions of this Act may acquire right-of-way and other property, by condemnation or otherwise, in the same manner and with the same effect as if such extension had been included within the original articles of association of such company.
(1881 S., p. 590. In force April 7, 1881.) 4018. Telegraph lines. Any railroad company, now or hereafter lawfully organized, and owning or operating, under lease or otherwise, railroads in this State, is hereby authorized and empowered to construct, maintain, own, and operate lines of telegraph upon and along the route and right-of-way of the railroad or railroads owned or operated by it, and such additional distances beyond the termini of the main line or branches of such road or roads, or from such points on the main line or branches thereof as may be necessary to reach business centres, for its own and also for public or commercial uses, and to connect and operate the same, for like uses, in connection with the telegraph lines of other railroad or telegraph companies or individuals in this or any other State, so as to form a continuous line, upon such terms and conditions for the interchange and forwarding of business as may be mutually agreeable to the parties, and to charge, collect, and receive reasonable and customary rates for transmission of telegrams there. upon,
1. A railroad company may take stock in a telegraph company, or construct telegraph lines on its own road. - See section 4179.
4019. Telegraph lines. 2. It shall be lawful for any such company as is named in the preceding section to acquire, upon terms mutually agreeable to the parties, the right to construct lines of telegraph, or to acquire telegraph lines already constructed, upon and along the line of any other