meanor, and upon conviction, may be fined in any sum not exceeding five hundred dollars, or imprisonment not exceeding twelve months, or both, and should any accident happen to life or limb, by such unlawful arrangement of cars, the person, agent or officer who so directed, or suffered such arrangement shall be guilty of felony; and upon conviction, shall be imprisoned in the penitentiary for any term not less than one, nor more than ten years.

SEC. 39. In case any passenger shall be injured on the platform of any car, or on any baggage, wood, gravel or freight cars, in violating the printed regulations of the company, posted up at the time in a conspicuous place, inside of its passenger cars then in the train; or in violation of verbal instruction given by any officer of the train, such company shall not be liable for the said injury.

Company not injured was violang regula pany.

liable, if person

tions of com

Passengers re

fusing to pay

SEC. 40. Any passenger refusing to prepay his fare, or toll on demand, may be put off the cars at any stopping place the conductor or employees of the company of cars. may elect.

may be put out

SEC. 41. Every conductor, baggage master, engineer, Conductors, etc. brakeman or other employe of said railroad company em- to wear badges. ployed in a passenger train, or at stations for passengers, shall wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge indicating his office or station, and the initial letters of the name of the company by which he is employed, and no collector or con- Shall have no ductor, without such badge, shall demand or be entitled to authority withreceive from any passenger, any fare, or ticket, or exercise any of the powers of his office or station, or interfere with any passenger or property.

out such badge.

affixed

owning bag

SEC. 42. A check shall be fixed to every package or Check to he parcel of baggage when taken for transportation, by the gaged to bagagent or employe of such company, and a duplicate thereof Duplicate to be given to the passenger or person delivering the same; and given to person if such check be refused on demand, the company shall pay gage." to such person the sum of twenty dollars, to be recovered as in action of debt; and further, no fare or toll shall be collected or received from such passenger; and if such person shall have paid said fare, the same shall be returned by the conductor in charge of the train, and on the passenger producing said check, if said baggage or parcel shall not be delivered by the agent or employe of said company, the passenger may be a witness in any suit to prove the contents or value of said baggage, and for the recovery of damages, in any court having jurisdiction.

SEC. 43. Every company organizing under this act

Map of land taken and ob

tained to be filed county recorder, of the different

with auditor and

counties.

When acts of incorporation to

Яon user.

or constructing or operating any railroad in this Territory shall, within a reasonable time, after their road shall be finally located, cause a map to be made of the land taken and obtained for the use thereof; and so far as necessary the boundaries of the several counties through which the road may run, and file the same in the office of the auditor of public accounts; and also like maps of the parts thereof located in the different counties, and file the same in the office of the recorder for the county in which said parts of such road shall be, there to remain as a record; mais and profiles shall be certified by the chief engineer, the president and secretary of the company, shall be kept in the office of the secretary of the company, subject to examination by all parties interested.

SEC. 44. If such railroad company shall not within two years after the filing of its original articles of associabecome void by tion begin the construction of its road, and expend thereon at least five per cent. of the amount of its capital stock, and finish the road and put the same in full operation within ten years, its act of incorporation shall be void.

What damages corporation iable for.

Companies may consolidate

Conditions, pro

which consoli

SEC. 45. Any company constructing or operating lines of railroad in this Territory, shall be liable for all damage which may be sustained through destruction of property caused by fire communicated from their locomotive engines, or neglect on their part to make good and sufficient crossings at points where lines of travel cross the railways, the damage so sustained to be determined before the nearest court having jurisdiction, and to be collected, in case payment is refused, by attachment and sale of any company property which can be found.

SEC. 46. It shall be lawful for any railroad companies organized under the laws of this Territory to consolidate their capital stock, debts, property, assets and franchises, with any railroad company or companies organized under the laws of any States or other Territory. SEC. 47. Said consolidations shall be made under the visions, restric- conditions, provisions, restrictions, and with the powers tions, etc., under hereinafter in this act mentioned, that is to say, the presidations shall be dents or secretaries of the several corporations proposing to consolidate, may enter into a joint agreement under the corporate seal of each company for the consolidation of said several companies, and prescribing terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number and names of the directors and other officers thereof, and who shall be the first directors and officers and their places of residence,

made.

Notice.

the number of shares of capital stock, the principal place of business of the new company in each State or Territory traversed by the line of railway, and such other provisions as may be required by law to be inserted in an original certificate of incorporation, the manner of converting the capital stock of each of said companies into that of the new corporation, and how and when directors and officers shall be chosen, with such other details as they shall deem necessary to perfect such new organization and consolidation of said companies; said agreement shall be authorized or ratified by the board of directors of each company consolidating, and shall be submitted to the stockholders of each of the said companies or corporations, at a meeting thereof called for the purpose of taking the same into consideration. Due notice of the time and place of holding such meeting and the object thereof, shall be given by written or printed notices, addressed to each of the persons in whose names the capital stock of said companies stands on the books thereof, and delivered to such persons respectively, or sent to them by mail when their post office address is known to the company, and also by a general notice published in some newspaper in the city, town or county where such company has its principal office or place of business, for the period of thirty days before such meeting is to be held, and at the said meeting of stockholders, the said agreement shall be considered, and a vote by ballot taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote, and said ballots shall be cast in person or by proxy, and if two-thirds of all the votes of all the stockholders shall be for the adoption of said agreement, then that fact shall be certified thereon by the secretary of the respective companies under the seal thereof, and the agreement so adopted, or a certified copy thereof, shall be filed in the office of the auditor of public accounts, and in the office of the Secretary of this Territory, and shall from thence be deemed and taken to be the agreement and act of consolidation of said com- dation is com panies, and a copy of said agreement and act of consolida- pleted. tion, duly certified by said auditor or by the Secretary of the Territory, under his official seal, shall be evidence of the existence of said new corporation; Provided, That if the mode of ratifying said agreement of consolidation in such other State or Territory shall vary from the mode herein prescribed, then said agreement may be ratified by Consolidation the railroad company or corporation of such other State or under laws of Territory in the mode prescribed by the laws thereof.

When consoli

may be ratified

other States, etc

After consolida

tion to be known as one corpora

tion.

All rights, franchises, priv

etc., vested in

SEC. 48. Upon the making and perfecting the said agreement and act of consolidation, as provided in the preceding sections, and filing the same as aforesaid, the several corporations parties thereto shall be deemed and taken to be one corporation, by the name provided in said agreement and act, possessing within this Territory all the rights, privileges and franchises, and subject to all the restrictions, disabilities, duties and liabilities of each of such corporations so consolidated.

SEC. 49. Upon the consummation of said consolidation as aforesaid, all and singular the rights, privileges and ileges, property, franchises of each of said corporations parties to the same, new corporation. and all the property, real, personal and mixed, and all debts due on whatever account, as well as of stock, subscriptions and other things in actions belonging to each of such corporations, shall be taken and be deemed to be transferred to and vested in such new corporation without further act or deed, and all property, all rights of way, and all and every other interest shall be as effectually the property of the new corporation as they were of the former corporations, parties to said agreement; and the title to real estate, either by deed or otherwise, under the laws of this Territory, vested in either of such corporations, shall not be deemed to revert or be any way impaired by reason of this act; and all debts, liabilities and duties of either of said companies shall thenceforth attach to the said new corporation, and be enforced against it to the same extent as if said debts, liabilities had been incurred or contracted by it. SEC. 50. Such new company shall establish an office at some point in this Territory on the line of its road, and may change the same at pleasure, giving public notice thereof, of the same in some newspaper published and having general circulation in the Territory.

Must establish office in the Territory.

Suits may be brought and maintained against.

Road and other

to taxation.

SEC. 51. Suits may be brought and maintained against such new company in any of the courts of this Territory for all causes of action, in the same manner as against other railroad companies organized under the laws of this Territory.

SEC. 52. That portion of the road of such consoliproperty subject dated company, and all its real estate and other property within this Territory, shall be subject to like taxation and assessed in the same manner as property of other railroad companies within this Territory.

May lease other roads, etc.

SEC. 53. Any railroad company organized under the laws of this Territory, may lease and operate any part, or all of a railroad constructed by another company, within

or without this Territory; and any railroad company organized under the laws of the United States, or any State or Territory may lease and operate any part or all of a railroad constructed by another company within this Territory. Such leases may be made on such terms and conditions as may be mutually agreed upon between said companies.

power to issue

gage property.

SEC. 54. All railroad companies heretofore organized, or which may hereafter be organized pursuant to the Companies have laws of this Territory, shall have power to issue bonds for bonds and mortsuch sum or sums, and payable at such times and places, and drawing interest at such rates as they may deem proper; and they are severally empowered hereby to execute trust deeds, or mortgages, or both, upon the whole or any part of their railroad lines, property, franchises, incomes and profits acquired, or to be acquired to secure the payment of such bonds and interest; and if such bonds are sold below their par value, they shall be binding and valid, according to their terms.

lien upon prop

SEC. 55. Any trust deed or mortgage made upon Trust deeds and the lands, roads, or other property of any such railroad mortgages to be company shall bind, and be a valid lien upon all the property erty mentioned. mentioned in such deed or mortgage, including rolling stock, machinery and other personal property; and a purchaser at a foreclosure sale, or under a trust deed, shall have and enjoy all the rights of a purchaser at an execution sale.

Trust deeds or

cover property.

SEC. 56. Such trust deeds or mortgages may, by their terms, include and cover, not only the property of the mortgages may company making them at the date of execution thereof, but thereafter property of every kind which may thereafter be acquired acquired. by such company, together with the material and property necessary for the repair, use and operation of such road, and the same, when so stated, shall be as valid and binding, and as effectual to pass the property as it would be were it in the possession of such company at the time of the execution of such instrument.

SEC. 57. Every deed or mortgage made by any railroad company, organized as aforesaid, shall be recorded in the office of the county recorder of each organized county through which such road shall run in this Territory and in any county where it may hold lands subject to such deeds or mortgage, and such record shall be notice to the whole world of the rights of all parties having interest under the same; and for this purpose, and to secure the rights of the mortgagees or parties interested under such mortgages or

Deed and mort

gages to be recorder's office

recorded in the

of each county,

etc.