Act of March 11, 1837, Ses. Acts 1836-7, ch. 118.

All

stockholder, for the number of shares belonging to him or her, which certificates shall be transferrable in a book to be kept for that purpose by the company; and when transferred, shall be delivered up to the president and directors, and be cancelled, and new certificates be issued to the transferree. assignments of shares partially paid in shall be entered on the books of the company; but such assignment shall in no wise exempt the assignor or his representatives from their liability for the payment of all sums due, or which may become due, upon the stock assigned by him, if the assignee or his representatives shall be unable or shall fail to pay the same.

21. § 22. Upon the rail-road the company shall have the exclusive right of transportation, and when a portion thereof shall be opened for transportation, they shall at all times furnish and keep in good repair the necessary machines, carriages and other requisites for the safe and convenient transportation of persons and property. It shall be their duty at all times, upon the payment or tender of the lawful or customary tolls, to transport to any convenient place of delivery on the rail-road, which the owner of the goods may indicate, and there to deliver all articles which shall be delivered to them for transportation, or offered to them in proper condition to be transported, at some place on the road convenient for the reception thereof. They shall give no undue preference in transportation to the property of one person over that of another, but as far as practicable shall carry each in the order of time in which it shall be delivered or offered for transportation with the tolls paid or tendered. If the company, or any of its officers or agents, shall fail to receive, transport or deliver in due time, any property so offered or delivered to them, or shall fail to take up or set down any passenger or passengers at such convenient point as he or they may desire, upon the payment or tender of the passage money, or shall demand and receive more than the lawful tolls or rate of transportation, they shall forfeit and pay to the injured party not less than twenty-five nor more than one hundred dollars, at the discretion of the court, to be recovered by motion, in the county or corporation court, or superior court of law for the county or corporation in which such preference has been given; or in which they have refused to comply with the requisitions of this section: Provided, Ten days notice of such motion be given to the president of the company; and shall moreover be liable to an action on the case, in which full damages and double costs shall be recovered: Provided, The company shall not be required to put down or take in passengers, produce or merchandize, except at their depots or other regular stopping places, and except when any rail-road or stage line may intersect the same.

22. § 23. All machines, wagons, vehicles or carriages belonging to any company incorporated subject to the provisions of this act, together with all their works, and all profits which shall accrue from the same shall be vested in the respective shareholders forever, in proportion to their respective shares, and shall be deemed personal estate.

23. § 24. So soon as any portion of a rail-road constructed according to the provisions of this act may be in readiness for transportation, it shall be lawful for the president and directors of the company to transport by their officers and agents, or by contractors under them, persons and property on the same, and to charge the following rates of toll: For the transportation of persons, not exceeding six cents per mile for each person, including his baggage, if any, not exceeding one hundred and fifty pounds; for the transportation of goods, produce, merchandize and other articles, except gypsum and lime, not exceeding eight cents per ton per mile; for the transportation of gypsum and lime, not exceeding four cents per ton per mile; and for the transportation of the mail, such sum as they may agree for: Provided, That upon packages or

Act of March 11, 1837, Ses. Acts 1836-7, ch. 118.

boxes consigned by and to one person weighing in the aggregate less than one hundred pounds, and of no greater dimensions each than two cubic feet, the president and directors may demand a toll not exceeding one cent per mile: Provided however, That in time of war or insurrection, troops or persons in the military or naval service of this state or of the United States, with their arms, munitions and baggage, shall be promptly transported, and for one half of the charge herein allowed, and shall be entitled to a preference over other persons or over goods, produce, merchandize or other articles: And provided further, That the president and directors shall be entitled to demand and receive for the wharfage, weighing, storage and delivery of articles at their depots and warehouses, rates not exceeding the ordinary warehouse rates charged in the towns wherein or nearest to which their depots and warehouses are situated.

24. § 25. The said president and directors may make or cause to be made branches or lateral rail-roads in any direction whatsoever, in connexion with their rail-road, not exceeding ten miles each in length; and shall have, possess, and may exercise in the construction, use and repair of the same, the same rights and powers, and shall be entitled, on the completion of any such branch or lateral rail-road, to the same rights, privileges and immunities, and be subject to the same pains, penalties and obligations in relation to the same, as are by law prescribed in relation to their principal line of rail-road: Provided, That no branch or lateral rail-road exceeding two miles in length shall be commenced until the expediency of making the same shall have been determined on at a general meeting of the stockholders, by two thirds of all the votes which could legally be given in favour of the same; and that no such branch or lateral rail-road shall be constructed until the main line shall be completed and in use.

25. § 26. So soon as any rail-road to be constructed, subject to the provisions of this act, shall be completed, the president and directors of the company shall semi-annually declare and make such dividend of the nett profits from their tolls as they may deem advisable; to be divided among the proprietors of the stock in proportion to their respective shares. When the nett profits shall amount to a sum equal to the capital stock expended as aforesaid, with six per centum per annum interest thereon, then the tolls which the president and directors shall be entitled to demand and receive on their rail-road shall be fixed and regulated from time to time by the Board of public works, or by such agent or agents as may be appointed by the legislature for that purpose, so as to make them sufficient, in their or his estimation, to yield a nett profit equal to six per centum per annum on the capital stock expended in making and completing the rail-road over and above what may be necessary for the repairs and renewal of the same. The president and directors shall in no case make any dividend exceeding the amount of the nett profits actually received, so that the capital stock shall never thereby be impaired; and if they shall make any dividend impairing the capital stock, the directors consenting thereto shall be liable, in their individual capacities, to the company for the amount of capital so divided; and each director present when such dividend is made, shall be adjudged to be consenting thereto, unless he forthwith enter his protest in the minutes of the board, and give public notice to the stockholders of the declaring such dividend.

26. § 27. At the end of one year from the completion of the rail-road, the president and directors shall report to the Board of public works a statement, in such form as the said board shall require, shewing the whole amount of the capital stock expended in the construction of the rail-road, with the several heads of expenditure, the amount of tolls received during each preceding year,

Act of March 11, 1837, Ses. Acts 1836-7, ch. 118.

and the nett loss or profit on the capital expended. And at the expiration of every period of three years, after the said one year from the completion of the rail-road, they shall return to the said board a similar statement, in like form, shewing the amount and kinds of expenditures and receipts, and the nett profits of each year of such period. And for each failure to make the said returns, the company shall be liable to a penalty of one thousand dollars, recoverable on ten days notice in any court having jurisdiction.

27. § 28. It shall be the duty of the president and directors of the company to publish a notice of every dividend declared by them, and of the time and place appointed for the payment thereof, in some newspaper printed in the city of Richmond, and in one or more of those printed in or nearest to the town or place in which the principal office of the company may be situated.

28. 29. The company shall not borrow money, for any purpose whatever, without special authority of law, until the whole amount of capital stock subscribed shall be paid up and expended or appropriated, losses by delinquent or insolvent stockholders excepted: Provided however, That if any part of the capital stock shall be unsubscribed, and it shall be necessary to obtain the amount thereof for the completion of the work, they shall have power to borrow the whole or any part of such unsubscribed capital as they may deem necessary; and may make the same convertible into stock of the company, at the option of the lender, at any time within one month after the declaration of any semi-annual or other dividend of the profits.

29. 30. The full right and privilege is hereby reserved to the legislature of connecting with any rail-road which may be constructed, agreeably to the provisions of this act, any other rail-road or rail-roads leading from either termination of, or diverging from, the main route of the same, or of any branch thereof, to any other part or parts of the state.

30. 31. The right shall be, and is hereby reserved to the state to subscribe for two fifths of the stock of any company, subject to the provisions of this act; such right to be exercised within twelve months after the first general meeting of the stockholders, under and by virtue of an act of the general assembly; and in case the capital of the company shall be subsequently increased, then such right shall be exercised before the closing of the books opened to receive the additional subscriptions.

31. 32. The company shall not employ its capital or be engaged in any transactions or business but such as may be necessary to the construction of their rail-road and works, and their management and preservation; nor shall they subscribe to the stock of any other incorporated company, except for the temporary investment of surplus funds.

32. § 33. If any person or persons shall, wilfully and maliciously, remove or disturb any of the company's constructions, or place, designedly and with evil intent, any obstruction on the line of their rail-road, so as to jeopardize the safety or endanger the lives of persons travelling or employed on the same, such person or persons so offending shall be deemed to be guilty of a high crime and misdemeanour, and if such person or persons be free, he, she or they shall be adjudged, on conviction, to be imprisoned in the common jail or penitentiary-house, for a term not less than two nor more than five years; and if such person or persons be a slave or slaves, he, she or they shall suffer death without benefit of clergy.

33. § 34. If any person or persons shall wilfully destroy or otherwise injure any rail-road, or any buildings, engines, cars, or other property whatever, connected therewith, or belonging thereto, tending to obstruct or interrupt the operations of the company, but without endangering the safety of passengers or others, he, she or they shall forfeit and pay to the company three times the

Act of March 11, 1837, Ses. Acts 1836-7, ch. 118.

actual damage so sustained, to be sued for and recovered, with full costs, in any court having cognizance thereof, by action of debt, in the name and for the use of the company; and shall moreover be punishable as for a misdemea

nour.

Act of March 23, 1836, Ses. Acts 1835-6, c. 72.

34. 1. If any person or persons shall wilfully, by any means whatsoever, injure, impair or destroy any part of any rail-road now constructed, or which may be hereafter constructed, by authority of the legislature of this commonwealth, or any of the necessary works, buildings, machines, wagons, vehicles or carriages, belonging to any of the said companies, he, she or they shall forfeit and pay to the company sustaining such injury, three times the actual damages so sustained, to be sued for and recovered with full costs, before any tribunal having cognizance of the same, by action of debt, in the name and for the use of the company so injured. [So much of (this section) as provides for punishing wilful injuries to rail-roads as misdemeanours, shall henceforth be construed to apply to cases where the subject injured is of less value than one hundred dollars, and this act shall not be construed so as to repeal the said act (March 23, 1836,) or any part thereof. Act of April 5, 1839, e. 90, $ 2.]

35. § 2. If any person or persons shall wilfully and maliciously remove or disturb any of the constructions or fixtures, or place designedly and with evil intent, any obstruction on the line of any rail-road now constructed, or hereafter constructed, by the authority aforesaid, so as to jeopardize the safety and endanger the lives of persons travelling upon such rail-road, such person or persons so offending shall be deemed to be guilty of a high crime and misdemeanour, and upon conviction thereof shall be imprisoned in the common jail and penitentiary-house for a term not less than two nor more than five years; and if such person or persons be a slave or slaves, he, she or they shall suffer death without the benefit of clergy.

Act of April 5, 1839, Ses. Acts, c. 90.

36. § 1. If any person or persons shall wilfully and maliciously burn, set fire to, cut, tear up or destroy any part of any rail-road now constructed, or which may hereafter be constructed, or which may be partly constructed, by any company incorporated by the authority of the legislature of this commonwealth, or constructed by the commonwealth, or by any person or persons authorized by the legislature; or any of the necessary works, buildings, machines or bridges belonging, attached to, and used with, or as parts of, such rail-road, of the value of one hundred dollars, every such person, his, her and their aiders and abettors, shall be deemed guilty of felony; and if he, she or they be a free person or persons, shall suffer imprisonment in the public jail and penitentiary, for a term of not less than two nor more than ten years; and if a slave or slaves, shall suffer death without the benefit of clergy.

Aet of March 23, 1836, Ses. Acts 1835-6, e. 72.

37. § 3. Nothing herein contained shall prevent any rail-road company now incorporated, or hereafter incorporated, from pursuing any other remedies and enforcing any other penalties provided by law and their respective acts of incorporation, for trespasses on their property.

38. § 4. If the driver or drivers of any stage, coach or rail-road car, or the conductor of any boat, shall hereafter, by wilful misconduct, or negligence, inflict any injury or damage to any person or persons, or the property of any

Act of March 23, 1836, Ses. Acts 1835-6, ch. 72.

person or persons, or the property of any corporate body, created by the laws of the United States, or of any state of this union, the person or persons in whose employ such driver or drivers, or conductor may be, at the time of inflicting such injury or damage, shall be liable to pay to such person or persons, or bodies corporate, as aforesaid, all damages they may sustain by the wilful misconduct or negligence of such driver or drivers, to be recovered by action on the case, in any court of record of this commonwealth, and such driver or drivers, or conductor of a boat as aforesaid, may, for such wilful misconduct or negligence, be prosecuted in the courts of this commonwealth as for a misdemeanour, and shall be fined and imprisoned at the discretion of the jury.

Act of March 11, 1837, Ses. Acts 1836-7, c. 118.

39. § 35. Any part of any charter or act of incorporation granted agreeably to the provisions of this act, shall be subject to be altered, amended or modified by any future legislature, as to them shall seem proper, except so much thereof as prescribes the rate of compensation or tolls for transportation : Provided, That the rights of property acquired under this act, or any other act adopting the provisions of this act, shall not be taken away or impaired by any future act of the legislature.

40.36. It shall be competent to the general assembly to provide by law for the transportation of the United States mail over any rail-road, for a fair and adequate compensation, and to provide the means of ascertaining such compensation.

Act of March 17, 1840, Sess. Acts, c. 75.

41. § 4. When any act incorporating a company to construct a rail-road, turnpike road, canal or other improvement, shall have expired, the revival of such act shall not be construed to authorize the survey, examination or location, at the expense of the state, of the improvement contemplated by such act, unless it be expressly directed in the act reviving the same.

Act of March 25, 1837, Ses. Acts 1836-7, c. 117.

42. 1. No rail-road company, nor the agents or servants employed by such company, in the conduct and management of the car or cars, or other vehicle used and employed upon any rail-road within this commonwealth, for the purpose of transporting passengers, produce, or any other commodity, shall hereafter take or receive, on any pretext whatever, on any such car or cars, or other vehicle as aforesaid, any slave or slaves, and carry or attempt to carry him, her or them, either beyond the limits of the commonwealth, or the limits of the county in which such slave or slaves shall be taken or received, or shall carry, or attempt to carry, any such slave or slaves from one place to any other within the same county, without having first obtained permission so to do, either in person or in writing, from the owner or owners of such slave or slaves, his, her or their agent or overseer, or from the guardian of such owner or owners, his, her or their overseer or agent. And every rail-road company, either by themselves or their agents or servants as aforesaid, offending herein, shall forfeit and pay, for every such offence, the sum of one hundred dollars, to be recovered by motion, on ten days previous notice in any court of record of the county or corporation in which any such slave may have been taken into the car or other vehicle of the company, or of the county or corporation into which such slave may have been carried; one moiety thereof to the use of the Literary fund, and the other moiety to the use and benefit of the party making the motion; and shall, moreover, be liable to the party grieved, for his, her or their damages.