The number of tous going from tide water in 1852 is as follows:

Aggregate statement of the tonnage and value of the property which came to and went from the Hudson River, on the Canals, in the years 1851 and 1852:

GENERAL RAILROAD LAW OF OHIO UNDER THE NEW CONSTITUTION.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any number of natural persons, not less than five, may become a body corporate, with all the rights, privileges, and powers conferred by, and subject to all the restrictions of this act.

TO CREATE AND REGULATE RAILROAD COMPANIES.

SEC. 2. That any number of persons as aforesaid associating, to form a company for the purpose of constructing a railroad, shall, under their hands and seals, make a certificate, which shall specify as follows:

1st. The name assumed by such company, and by which it shall be known. 2d. The name of the place of the termini of said road, and the county or counties through which such road shall pass. 3d. The amount of capital stock necessary to construct such road. Such certificate shall be acknowledged before a justice of the peace, and certified by the clerk of the court of common pleas, and shall be forwarded to the Secretary of State, who shall record and carefully preserve the same in his office; and a copy thereof, duly certified by the Secretary of State, under the great seal of the State of Ohio, shall be evidence of the existence of such company.

SEC. 3. That when the foregoing provisions have been complied with, the persons named as corporators in said certificate, are hereby authorized to carry into effect the objects named in said certificate, in accordance with the provisions of this act; and they and their associates, successors, and assigns, by the name and style provided in said certificate, shall herea ter be deemed a body corporate, with succession, with power to sue and be sued, plead and be impleaded, defend and be defended, contract and be contracted with, acquire and convey, at pleasure, all such real and personal estate as may be necessary and convenient to carry into effect the objects of the corporation, to make and use a common seal, and the same to alter at pleasure, and do all needful acts to carry into effect the object for which it was created; and such company shall possess all the powers, and be subject to all rules and restrictions provided by this act.

SEC. 4. Said corporations shall be authorized to construct and maintain a railroad, with a single or double track, with such side tracks, turn-outs, offices, and depots, as they may deem necessary, between the points named in the certificate, commencing at or within and extending to or into any town, city, or village, named as the place of the termini of such road, and construct branches from the main line to other towns or places within the limits of any county through which such road may pass.

SEC. 5. The capital stock of such company shall be divided into shares of fifty dollars each, and consist of such sum as may be named in the certificate; such shares shall be regarded as personal property, and shall be subject to execution at law.

SEC. 6. An installment of five dollars on each share of stock, shall be payable at the time of making the subscription, and the residue thereof shall be paid in such installments, and at such times and places, and to such persons, as may be required by the directors of such company.

SEC. 7. If any installment of stock shall remain unpaid for sixty days after the time it may be required, whether such stock is held by an assignee, transferred, or the original subscriber, the same may be collected by action of debt, or the directors may sell the stock so unpaid at public auction for the installment then due thereon; first giving thirty days' public notice of the time and place of sale in some newspaper in general circulation in the county where such delinquent stockholder resided at the time of making such subscription, or becoming such assignee or transferee, or of his actual residence at the time of said sale; or, if such stockholder reside out of the State, such publication shall be made in the county where the principal office of the company is located; and if any residue of money shall remain, after paying the amount due on said stock, the same shall, on demand, be paid over to the owner; if the whole of said installment be not paid by such sale, the remainder shall be recoverable by action of debt against the subscriber, assignee, or transferee.

SEC. 8. That whenever any railroad company, heretofore incorporated, or created and incorporated under the provisions of this act, shall, in the opinion of the directors thereof, require an increased amount of capital stock, they shall, if authorized by the holders of a majority of the stock, file with the Auditor of State a certificate, setting forth the amount of such desired increase, and thereafter such company shall be entitled to have such increased capital, as is fixed by said certificate.

SEO. 9. That the persons named in said certificate of incorporation, or any three of them, shall be authorized to order books to be opened for receiving subscriptions to

the capital stock of said company, at such time or times, and at such place or places, as they may deem expedient, after having given at least thirty days' notice, in a newspaper published or generally circulated in one or more counties where books of subscription are to be opened, of the time and place of opening books; and so soon as ten per cent on the capital stock shall be subscribed, they may give like notice for the stockholders to meet at such time and place as they may designate, for the purpose of choosing seven directors, who shall continue in office until the time fixed for the annual election, and until their successors are chosen and qualified; at the time and place appointed, directors shall be chosen, by ballot, by such of the stockholders as shall attend for that purpose, either in person, or by lawful proxies; each share shall entitle the owner to one vote, and a plurality of votes shall be necessary to a choice; but after the first election of directors, no person shall vote on any share on which any installment is due and unpaid. The persons named insuch certificate, or such of them as may be present, shall be inspectors of such election, and shall certify what persons are elected directors, and appoint the time and place for holding their first meeting; a majority of said directors shall form a board, and be competent to fill vacancies in their bourd, make by-laws, and transact all business of the corporation; a new election shall be annually held for directors, at such time and place as the stockholders, at their first meeting, shall determine, or as the by-laws of the corporation may require; and the directors chosen at any election shall, so soon thereafter as may be convenient, choose any one of their number to be president, and shall appoint a secretary and treasurer of the corporation. The directors, before entering on their duties, shall each take an oath or affirmation, faithfully to discharge his duties, and they shall, from time to time, make such dividends of the profits of said com. pany as they may think proper.

SEC. 10. Such corporation is authorized to enter upon any land for the purpose of examining and surveying its railroad line, and may appropriate so much thereof as may be deemed necessary for its railroad, including necessary side tracks, depots and workshops, and water stations, materials for construction, except timber, a right of way over adjacent lands, sufficient to enable said company to construct and repair its road, and a right to conduct water by aqueducts, and the right of making proper drains; but no appropriation of private property to the use of any corporation provided for in this act shall be made until full compensation therefor be first made, in money, or first secured by deposit of money, to the owner or owners, irrespective of any benefit from any improvement proposed by such corporation, as shall be prescribed by law.

SEC. 11. That whenever any railroad company heretofore incorporated, or which may hereafter be incorporated, shall find it necessary, for the purpose of avoiding annoyance to public travel, or dangerous or difficult curves or grades, or unsafe or unsubstantial grounds or foundations, or for other reasonable causes, to change the location or grade of any portion of their road, whether heretofore or hereafter to be made, such railroad companies shall be and are hereby authorized to make such changes of grade and location, not departing from the general route prescribed in the certificate of such company; and for the purpose of making any such change in the location and grades of any such road, as aforesaid, such company shall have all the rights, powers, and privileges, to enter upon and take and appropriate such lands, and make surveys necessary to effect such changes and grades, upon the same terms, and be subject to the same obligations, rules, and regulatious, as are prescribed by law, and shall also be liable, in damages, when any have been caused by such change, to the owner or owners of the lands upon which such road was heretofore constructed, to be ascertained and paid or deposited as aforesaid; but no damages shall be allowed, unless claimed within thirty days after actual notice of such intended change shall be given to such owner or owners, if residing on the premises, or notice by publication in some newspaper in general circulation in the county, if non-resident.

SEC. 12. If it shall be necessary, in the location of any part of any railroad, to occupy any road, street, alley, or public way, or ground of any kind, or any part thereof, it shall be competent for the municipal or other corporation or public officer, or public authorities, owning or having charge thereof, and the railroad company, to agree upon the manner and upon the terms and conditions upon which the same may be used and occupied; and if said parties shall be unable to agree thereon, and it shall be necessary, in the judgment of the directors of such railroad company, to use or occupy such road, street, alley, or other public way or ground, such company may appropriate so much of the same as may be necessary for the purposes of such road, in the same

manner and upon the same terms as is provided for the appropriation of the property of individuals, by the 10th section of this act.

SEC. 13. Such corporation may demand and receive for the transportation of passengers on said road, not exceeding three cents per mile, and for the transportation of property, not exceeding five cents per ton per mile, when the same is transported a distance of thirty miles or more; and in case the same is transported for a distance less than thirty miles, such reasonable rate as may be from time to time fixed by said company, or prescribed by law.

SEC. 14. Such company shall have power to borrow money on the credit of the corporation, not exceeding its authorized capital stock, at a rate of interest not exceeding seven per cent per annum, and may execute bonds or promissory notes therefor, in sums of not less than one hundred dollars; and to secure the payment thereof, may pledge the property and income of such company.

SEC. 15. Such company may acquire by purchase or gift, any lands in the vicinity of said road or through which the same may pass, so far as may be deemed necessary or convenient by said company to secure the right of way, or such as may be granted to aid in the construction of such road, and the same to hold or convey in such manner as the directors may prescribe; and all deeds and conveyances made by such company shall be signed by the president, under seal of the corporation; and any existing railroad corporation may accept the provisions of this act, and after such acceptance all conflicting provisions of their respective charters shall be null and void. SEC. 16. It shall be lawful for such corporation whenever it shall be necessary, in the construction of such road, to cross any road or stream of water, to divert the same from its present location or bed; but said corporation shall without unnecessary delay, place such road or stream in such condition as not to impair its former usefulness.

SEC. 17. Such corporation shall, as soon as convenient after its organization, establish a principal office at some point on the line of its road, and change the same at pleasure, giving public notice in some newspaper of such establishment or change.

SEC. 18. Every company organized under this act, shall be required to erect, at all points where their road shall cross any public road, at a sufficient elevation from such road to admit of the free passage of vehicles of every kind, a sign with large and distinct letters placed thereon, to give notice of the proximity of the railroad, and warn persons of the necessity of looking out for the cars; and any company neglecting or refusing to erect such sign, shall be liable in damages for all injuries occurring to per sons or property from each neglect or refusal; and each railroad company shall be required to fence its roads with a good substantial wooden fence, under such rules as the county commissioners of the several counties through which the same may pass, may prescribe.

SEC. 19. That each and every railroad company, incorporated under this act, shall annually, in the month of January, make a full report of the condition of its affairs to the auditor of State, showing the amount of capital stock of such company, the gross amount of tolls or receipts during the previous year, the cost of repairs and incidental expenses, the net amount of profits, and the dividends made; with such other facts as may be necessary to a full statement of the affairs and conditions of such road; and the auditor shall annually present an abstract copy of such report to the general assembly.

SEO. 20. That whenever the line of any railroad company now existing, or which may hereafter organize under this act, shall cross any canal, or any navigable water, the said company shall file with the "board of public works," or with the acting commissioners thereof, having charge of the public works where such crossing is proposed, the plan of the bridge and other fixtures for crossing such canal or navigable water, designating the place of crossing; and if the said board or acting commissioner thereof shall approve of such plan, he shall notify such company, in writing, of such approval; but if the said board or acting commissioner shall disapprove such plan or fail to approve the same within twenty days after the filing thereof, then it shall be lawful for such company to apply to the court of common pleas, or any judge thereof, in vacation, and upon reasonable notice being given to the board of public works, or said acting commissioner, said court or judge shall, upon good cause shown, appoint a competent disinterested engineer, not a resident of any county through which said road passes, to examine such crossing, and prescribe the plan and condition thereof, so as not to impede navigation; and such engineer shall, within twenty days from his appointment, make his return to the court of common pleas of the county where such crossing is to be made, subject to exceptions by either party, and thereupon the court shall at the next term after the filing of said return, proceed to examine the same,

and unless good cause is shown, shall approve and confirm the same; and such order or confirmation shall be sufficient authority for the erection, use, and occupancy of such bridge, in accordance with such plan; provided, that no railroad company shall be authorized to construct a permanent bridge over any canal of this State which shall be less than ten feet in the clear above the top water-line of said canal; and the piers and abutments of such bridge shall be placed so as not in any manner to contract the width of the canal, or interfere with free passage on the towing path.

SKO. 21. That whenever the lines of railroad of any railroad companies in this State, or any portion of such lines, have been or may be constructed, so as to admit the passage of burden or passenger cars over two or more of such roads continuously without break or interruption, such companies are hereby authorized to consolidate themselves into a single corporation, in the manner following:

1. The directors of said two or more corporations may enter into an agreement, under the corporate seal of each, for the consolidation of the said two or more corporations, prescribing the terms and conditions thereof; the mode of carrying the same into effect; the name of the new corporation; the number of the directors thereof, which shall not exceed thirteen; the time and place of holding the first election for directors; and the number of shares of capital stock in the new corporation; the amount of each share; the manner of converting the shares of capital stock in each of said two or more corporations into shares in such new corporation; the manner of compensating stockholders in each of said two or more corporations who refuse to convert their stock into the stock of such new corporation; with such other details as they shall deem necessary to perfect such consolidation of said corporations; and such new corporation shall possess all the powers, rights, and franchises, conferred upon such two or more corporations, and shall be subject [to] all the restrictions and perform all the duties imposed by the provisions of this act; provided, that all the stockholders in either of such corporations who will refuse to convert their stock into the stock of such new corporation, shall be paid at least par value for each of the shares so held by them, if they shall so require, previous to said consolidation being consummated. 2. Such agreement of the directors shall not be deemed to be the agreement of the said two or more corporations, until after it has been submitted to the stockholders of each of said corporations, separately, at a meeting thereof; to be called upon a notice of at least thirty days; specifying the time and place of such meeting, and the object thereof, to be addressed to each of such stockholders, when their place of residence is known, and deposited in the postoffice, and published for at least three successive weeks in one newspaper, in at least one of the cities or towns in which each of said corporation has its principal office of business, and has been sanctioned by such stockholders, by a vote of at least two thirds in amount of the stockholders present at such meeting, voting by ballot, in regard to such agreement, either in person or by proxy, each share being entitled to one vote; and when such agreement of the directors has been so sanctioned by each of the meetings of the stockholders separately, after being submitted to such meetings in the manner above mentioned, then such agreement of the directors shall be deemed to be the agreement of the said two or more corporations.

SEC. 22. Upon making the agreement mentioned in the preceding section, in the manner required therein, and filing a duplicate or counterpart thereof in the office of the Secretary of State, the said two or more corporations mentioned or referred to in the said first section, shall be merged in the new corporation provided for in such agreement, to be known by the corporate name therein mentioned, and the details of such agreement shall be carried into effect as provided therein.

SEC. 23. Upon the election of the first board of directors of the corporation created by the agreement in the twenty-first section of this act mentioned, and by the provisions of this act, all and singular the rights and franchises of each and all of said two or more corporations, parties to such agreement, all and singular their rights and interests, in and to every species of property, real, personal, and mixed, and things in action shall be deemed to be transferred to and vested in such new corporation, without any other deed or transfer; and such new corporation shall hold and enjoy the same, together with the right of way, and all other rights of property, in the same manner, and to the same extent, as if the said two or more corporations, parties to such agreement, should have continued to retain the title, and transact the business of such corporations; and the titles and the real estate acquired by either of said two or more corporations, shall not be deemed to revert or be impaired by means of any thing in this act contained; Provided that all rights of creditors, and all liens upon the property of either of said corporations, parties to said agreement, shall be and