Certificates of stock, how and

covenants, contracts and agreements, with any person, copartnerships or body politic whatsoever, as the execution and management of the works, and the convenience and interests of the company may require, and in general to superintend and direct all receipts, disbursements, and other proceedings of the company: provided, that no instalment called in at any one time, shall exceed twenty dollars per share, and that no instalment shall be called by the directors, without giving at least sixty days' notice thereof in the newspapers before mentioned.

SECTION 6. The directors chosen as aforesaid, shall by whom issued issue a certificate to each stockholder for the number of shares he or she shall subscribe for or hold in the said corporation, signed by the president, countersigned by the secretary, and sealed with the common seal, subject, however, to all the payments due and to grow due thereon, which stock shall be transferable in person or by attorney, executors, administrators, guardians or trustees, under such regulations as may be provided for by the by-laws.

Annual and special meetings of directors, when and how.

Plan of railroad, &c.

SECTION 7. At each annual meeting of the stockholders for the purpose of electing directors, the directors of the preceding year shall exhibit to them a complete statement of the affairs and proceedings of company for such year, and special meetings of the stockholders may be called by order of the directors, or by stockholders holding one-fourth in amount of the capital stock, on like notice as that required for annual meetings, specifying, moreover, the object of the meeting; but no business shall be transacted at such special meeting, unless a majority in value of the stockholders shall attend in person or by proxy.

SECTION 8. The said company shall have power to construct a single or double railroad from the town of Belmont, in Iowa county, to the nearest and most eligible point on the Mississippi river, within this territory; and they shall have power to extend the railroad, if they shall deem it expedient, from Belmont to Mineral Point, and from thence to Dodgeville, in the said county of Iowa, with power to transport, take and carry, property and persons upon the same, by the power and force of steam, of animals, or of any mechanical or other power, or of any combination of them; and they shall also have power to make, con

struct and erect, such ware houses, toll-houses, carriages, cars, and all other works and appendages necessary for the convenience of the said company, in the use of the said railroad.

forfeited.

SECTION 9. If said corporation shall not within How charter two years from the passage of this act commence the construction of the said railroad, and shall not within seven years from the passage of this act, construct, finish and put in operation the said railroad within the time above mentioned, then the rights, privileges and powers of the said corporation, under this act, shall be null and void.

Materials, &c.

SECTION 10. It shall and may be lawful for the Survey of route, said company, their officers, engineers and agents, to how obtained. enter upon any lands for the purpose of exploring, surveying and locating the route of said railroad, doing thereto no unnecessary damage; and when the said route shall be determined by the said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants, and at any time, to enter upon, take possession of, and use such lands; and also to take from any land in the neighborhood, gravel, stone, wood, and other materials, for the purpose of constructing and maintaining such railroad, subject, however, to such compensation as the said company may have agreed to pay therefor, or as shall be ascertained in the manner hereinafter respectively directed: provided, that the said corporation shall not, in their corporate capacity, hold, purchase, deal in, or speculate in any lands within this territory, other than the land on which said road shall run, and which may be actually necessary for the construction of said road.

to issue and

ceedings there

on.

SECTION 11. When the said company cannot agree When writ of ad with the owner or owners of such required land for the quod damnum purchase thereof, or for damages sustained by, such how, and proowner or owners, or as to the compensation to be paid to the owner or owners of any land, gravel, stone, wood or other material taken for the purpose aforesaid, or when by reason of legal incapacity or absence of any such owner or owners, no such agreement of purchase can be made, application may be made to any justice of the peace of the county in which the property wanted may lie, who shall thereupon issue his warrant, under his hand and seal, directed to the sheriff of said county, or if the sheriff be interested, to a con

stable not interested, requiring him to summon a jury of eighteen freeholders of said county, not in any way interested in the matter, to meet on or near the property or materials to be valued, on a day and hour named in said warrant, no less than five nor more than ten days after the issuing of the same; and if at the said time and place, any of the persons summoned do not attend, the said sheriff or constable, shall immediately summon as many as may be necessary, with the persons in attendance as jurors to furnish a panel of eighteen jurors, and from them each party, his, her or their agent, or attorney, or if either be not present in person or by agent, the sheriff or constable for him, her or them, may strike off three jurors, and the remaining shall act as a jury of inquest of damages; and before they act as such, the sheriff or constable shall administer to each of them an oath or affirmation, that he will faithfully, justly and impartially, value the land occupied or required for such railroad or other work, and all damages which the owner or owners shall sustain, or may have sustained by reason of the construction of the said railroad and other works, taking into consideration the advantages as well as the disadvantages, of the same, to the said owner or owners, according to the best of his skill and judgment; and in case of materials taken for the purpose aforesaid, that he will faithfully, justly and impartially val ue the materials so taken, and fix the rate of compen sation to be paid therefor by the said company, to the said owner or owners, taking into consideration the advantages as well as the disadvantages, arising from the construction of such railroad or other works, to the said owner or owners, according to the best of his skill and judgment; whereupon the said jurors shall proceed to view the land so required, or the place from whence such materials shall or may be taken, as the case may be, and to hear the evidence of the respective parties; and they shall reduce the inquisition to writing, which shall be signed by all of the said jurors, and by the sheriff or other officers; and the said sheriff and other officers shall take charge of the same, and within five days thereafter, deliver it to the clerk of the district court of the proper county, who shall file the same, and either party shall be at liberty to make exceptions to any verdict rendered ac

cording to the provisions of this act, within thirty days after the same shall be returned and filed by the clerk as aforesaid, which exceptions shall be heard and determined by the 'said court at the next session thereafter; and if no exceptions shall be filed within that time, or if the exceptions should be overruled by the court, it shall be the duty of the clerk to record the inquisition at the expense of the company; but if the verdict should be set aside, said court may direct another inquisition to be taken in the manner above prescribed; said inquisition shall describe the property taken or the boundaries of the land condemned. Such valuation, when paid or tendered to the owner or owners of said property, his, her or their legal representatives, shall entitle the said company to the estate and interest in the same, thus valued, as fully as if it had been conveyed by the owner or owners of the same in fee simple; and if the valuation be not received when tendered, it may thereafter at any time be received from the company without cost; and the sheriff' or other officer, jurors Costs paid. and witnesses, shall be allowed the ordinary fees for like services, to be taxed by the court: provided, that it shall not be lawful for any such jury of inquest to proceed in the valuation of the lands and materials, and in the absence of the owner or owners thereof, his her or their agent, or attorney, unless it shall be shown to them by competent testimony, that the said owner or owners have had at least five days notice of the time and place of meeting, for the purpose of making said valuation, or unless it shall be shown to them that the said owner or owners are absent from the Owners of land country in which the said land or materials are situa- absent, or inted; and if the said owner or owners should be under done. age or non compos mentis, the service of notice upon their guardian, or trustees, (if any there be) as aforesaid, or their absence from the territory, shall be required to be established to the said jurors in case of their absence from the trial, before they shall proceed to the valuation as aforesaid; and provided, that said company shall not have power to take the land of any person for the purposes of said corporation, until full payment shall have been made or tendered to such person for all damages assessed to him, together with the costs of said inquisition or assessment; and provi

fants, what

paid.

and

Proviso; com- ded also, that if an inquisition should be set aside by pensation made the court, upon exceptions filed upon subsequent procosts of inquest ceedings, if the party who filed the exceptions does not recover a verdict more favorable than the verdict so excepted to, such party shall pay all costs of such subsequent proceedings.

Passages across railroad, who make them.

Damages on failure to pro. vide passages

SECTION 12. That it shall be the duty of the said company to construct and keep in repair, good and sufficient passages across the said railroad, where any public roads shall intersect and cross the same, so that the passage of persons, carriages, horses and cattle, along the said roads, shall not be obstructed; and where it shall be necessary to construct the said railroad through the land of any individual, it shall be their duty to provide for such individual proper wagon ways, across said road, from one part of his land to another.

SECTION 13. If said company shall neglect to provide proper wagon ways across said road, as required across railroad. by the preceding section of this act, it shall be lawful for any individual to sue said company, and shall, be entitled to such damages as a jury may think him or her entitled to, for such neglect or refusal on the part of said company.

Railroad a highway, and sub

SECTION 14. That on the completion of the said ject to by-laws. railroad, the same shall be esteemed a public highway for the conveyance of passengers and transportation of merchandize and commodities, under such regulations as may be prescribed by the directors; and it shall and may be lawful for the said commissioners to demand and receive such sum or sums of money, for tolls of persons and property, as they shall from time to time think reasonable: provided, that the toll on any species of property shall not exceed fifteen cents per ton per mile, nor upon passengers, more than six cents each per mile.

Toll.

Dividends,

made.

SECTION 15. The said president and directors shall when and how annually or semi-annually, declare and make such dividend as they may deem proper, of the net profits from the resources of said company, so that the capital stock shall never thereby be impaired; and if the said directors shall make any dividends impairing the capital stock of said company, those of them consenting thereto, shall be liable in their individual capaci ties to the said company for the amount of the stock