'solutely in the company for the purposes of the said railroad. The business of no road actually constructed shall be obstructed by reason of any such defect of title to any part of the property upon which it may be built, unless there shall be default in the payment of money awarded after the verdict shall have been rendered and judgment thereon; but every company, having actually constructed and having in operation said road, shall be entitled to maintain the same, and avail itself of the privilege of this section, whenever, from any cause, its right of way, for the track occupied, is not perfect and absolute: Provided, That no such compromise or conveyance shall be made until thirty days' notice has been given of the intention so to do, by publication in some newspaper published in this State in the county in which the principal office of such company is kept. 3964. Stockholders' liability, 3964a. Union company may be formed. 3964m. Managers-Organization of. 3964n. Managers-Delegation of power to. 3964b. Proprietary companies-Certificate of in- 3964p. Organized companies may avail of act. 39649. Associate companies - Rights preserved. 3964r. Joint liability. 3964s. Joint use of road. 3954. Union roads. 1. It shall be lawful for two or more railroad companies, running railroads to the same town or city, to locate, construct, keep up, repair, and use a common or union railroad of one or more tracks, connecting the railroads of such companies, for business purposes. 3955. Incorporation - Powers. 2. Such companies as shall enter into such union arrangements, or may hereafter enter into the same, for the purpose of constructing such union road, shall, by resolution of their respective boards, adopt a name therefor; and shall cause such name, with the length and termini thereof, to be recorded in the Recorder's office of the county in which such union road may be located; and thereafter such companies may contract and be contracted with, sue and be sued for any matters relating to such union road by such name; and shall have full power, by such organization, to locate, construct, keep up, change, and repair such union road, and to take releases of the right of way, and to condemn so much land as may be necessary for the construction of such union road, and to use and regulate the same. 3956. Directors - Powers. 3. The presidents of all the railroad companies entering into such union arrangements as are herein before provided shall, ex officio, form the union board for the transaction of all matters relating to such union road. They shall keep a record of their proceedings, which shall at all times be open to the examination of the stockholders and directors of such companies. They shall have power, in the name of such union road, to pass all by-laws not inconsistent with the charters or laws organizing their several roads, for the government of such board and the regulation of such union road and the business thereof. 3957. Right of way. 4. Whenever it shall become necessary to condemn the right of way for the use of such union road, the same may be done in the name of such union board, under the provisions of any of the charters of the companies, or laws under which they were organized, forming such union road: Provided, That in estimating damages for such right of way, the advantages to such person or persons owning the property sought to be condemned by the construction of such road or roads shall not be taken into consideration. 3958. Joint liability. 5. Such union company, when so formed, shall be jointly liable to the public and all persons contracting with the union board, for all contracts and damages; and, as between themselves, shall be liable in the proportion of the interests of each company in the union road or property. 3959. Other companies may enter. 6. It may be lawful for any other railroad company not originally concerned in the formation or construction of such union road, to thereafter enter and take such an interest in the same, in such manner and upon such terms as may be agreed upon by the parties; and companies so entering into such union shall have all the rights and privileges conferred thereon by the provisions of this act. 3960. Laws governing. 7. All laws in force in this State, or which may be hereafter in force, for the protection of railroads and the property of railroad companies, and the charters of the several companies or laws organizing the same, entering into such union arrangements, shall be applicable to such union roads as may be or shall have been constructed under this act. 3961. Bridging navigable streams. 8. All railroad companies incorporated under any law of this State which are authorized to construct their roads to points beyond any navigable stream, are hereby authorized to cross such streams upon bridges: Provided, Such bridges do not obstruct the free navigation thereof: And Provided, further, That all railroad companies are hereby prohibited from charging or receiving tolls from persons who may cross on any bridge erected by any such company over any stream, over which any toll bridge has been erected or ferry established within eighty rods of the place at which such railroad bridge has been or may be hereafter erected. 3962. Directors- Number. 9. It shall be lawful for any railroad company, at a regular or called meeting of the stockholders thereof, by a majority vote in interest, represented at such meeting either in person or by proxy, to determine the number of directors of such company, and reduce the number to not less than seven or increase the same to not more than thirteen, as such meeting shall deem proper. The proceedings of such meeting shall be certified by three or more stockholders present, to the secretary of such company, who shall record the same in the proper books of the company; and thereafter the number of directors shall be the number fixed upon by resolution of such meeting. 3963. Notice. 11. At least thirty days' notice shall be given, in the manner required by the law under which such company is organized for the election of directors thereof, of a meeting of the stockholders to take into consideration the propriety of reducing or otherwise changing the number of directors in such company, and to make such reduction or change, if it shall be adjudged the interests of the company require it. 3964. Stockholders' liability. 10. The stockholders of the several companies that shall avail themselves of the benefits of this act shall be individually liable for all debts due for labor done on such union tracks or depots, that shall not be paid for by their respective companies in their corporate capacity when due. [1885 S., p. 30. In force March 2, 1885.] 3964a. Union company may be formed. 1. Where two or more railroad companies own or operate railroads extending into, through or near the same city or town, such companies, or any two or more of them, may form a union railway corporation, according to the provisions hereinafter contained. 3964b. Proprietary companies-Certificate of incorporation. 2. The railroad companies uniting in the formation of such corporation are designated as proprietary companies, and shall make a certificate of incorporation, in which they shall specify the name of the company to be incorporated thereunder, the amount of the capital stock of such company, the number and the par value of the shares into which it shall be divided, the aggregate amount of the par value of the shares of each proprietary company, the county or counties in which said union railway shall be situated, with the name of the town or city within or near which said union railway is to be constructed. 3964c. Certificate of incorporation - Filing. 3. Such certificate of incorporation shall be signed by the president or vice president, and attested by the secretary of each of said proprietary companies, and shall be sealed with its corporate seal, and shall be acknowledged by the respective companies by their said officers before some person authorized to take and certify the acknowledgments of conveyances of real estate, and shall be filed and recorded in the Recorder's office of the county or counties in which said union railway company may be situated; and upon the filing of such certificate as aforesaid, the union company so formed shall be a corporation of this State, with all the powers incident thereto, and such other powers as are conferred by this act. 3964d. Directory, how constituted - Powers. 4. The board of directors of any such union company shall consist of one representative from each of the proprietary companies, and the president of each such company shall ex officio be such representative: Provided, That each president may depute some other officer of his company to act in his stead as a member of the board. And such board of directors shall have power to construct, maintain and operate such union railroad, to regulate the use of its depots, stations, structures, appliances and facilities, and to regulate the time and manner in which engines, cars, and other rolling stock shall pass or be hauled over its tracks, and the tolls, charges or compensation to be paid therefor. 3964e. Interest of companies - Ascertainment-Transfer. 5. The interest of each proprietary company in the union company, in its capital stock, and in its property and effects of every kind, shall be deemed an appurtenance to the railroad of such proprietary company, and shall not be transferable or alienable otherwise than with and as a part of the railroad of such proprietary company. The union company shall issue to each proprietary company a certificate or certificates setting forth the interest or stock of such proprietary company in such union company, but such certificate shall express upon its face that it is not transferable, except as appurtenant to the railroad of such proprietary company. 3964f. Rights, as owner or lessee. 6. Any such union railway company may, as owner or lessee thereof, operate any belt railroad extending around, or partly around, the town or city in or near which such union railway may be situated, the track of which belt road connects with the track of said union railway company, or with the track of any of its proprietary companies; to the end that such town or city may be relieved, as far as practicable, of the passage through it of through freight cars and through freight trains. 3964g. Powers Condemnation of land. 7. Any such union railway company may erect, construct, rebuild, and replace, in connection with its tracks, union depots, car sheds, and such other structures and appliances as the company may deem necessary to facilitate the transaction of its business, and the business of its proprietary companies, and of other railroad companies whose tracks may connect therewith, and which may acquire from such union railway company the right to use said union tracks and their appliances. And such union company shall also have power to locate, construct, rebuild, keep up, change and repair such union railroad and its tracks, side tracks, switches, depots, sheds and other structures and appliances, and to take conveyances and releases in fee simple, or otherwise, of rights of way and of such real estate as it may deem necessary for the purposes aforesaid, and may condemn in fee simple, or otherwise, so much real estate and such rights of way as it may deem necessary for the purposes aforesaid, or any of them; also, to construct, own, maintain and operate union passenger stations, local freight stations, transfer and connecting tracks, between the property of such union company and property and tracks of other railroad companies. 3964h. Condemnation; how made. 8. The condemnations authorized in the last section may be made and had according to the provisions of the charter of any or either of said proprietary companies, or under and according to the general railroad law of this State in force at the time providing for the condemnation of real estate for railroad purposes, or according to the provisions of article thirty of chapter two of the Revised Statutes of 1881, providing for the writ of assessment of damages. 39641. Borrow money - Bonds. 9. Any such union railway company shall have power to borrow money for the purpose of raising means to carry out the powers conferred by this act, and may issue coupon or other bonds payable to bearer, bearing interest not exceeding the highest contract rate of interest which may be allowable in this State at the time; such interest to be payable semi-annually, and such company may also mortgage its franchises, property and revenues of every kind then owned or subsequently to be acquired to secure the payment of such loap and interest, or of such bonds and interest. 3964j. Vacation of streets and alleys. 10. If any such union railway company, in carrying out the powers granted by this act, shall deem it necessary that any part of any street, avenue or alley in any town or city in which such union railway shall be situated should be vacated, it shall be lawful for the president and trustees of such town, or for the common council of such city, or for the board of aldermen and common council of such city, as the case may be, to vacate any part of any street, avenue or alley of such town or city for the purposes contemplated by this act: Provided, however, That, as a basis of such vacation, such union railway company shall present to and file with the proper municipal body or bodies of such town or city its petition, setting forth a description of the part of the street, avenue or alley proposed to be vacated, and the purpose for which the ground is proposed to be used, and there shall be appended to such petition, as a part of the basis of such vacation, the written consent to the granting of the prayer of such petition of the owners in fee simple of more than one-half of the real estate fronting on both sides of said street or alley which, or part of which, is proposed to be vacated, estimated by the frontage in feet upon such street or alley, such frontage to commence at a line drawn across such street or alley equi-distant from the termini of that portion of the street or alley proposed to be vacated, and extending along said street or alley from said line fifteen hundred feet in each direction, unless such street, avenue or alley shall not be continuous in either direction from said line fifteen hundred feet, in which case the consent of owners, above provided for, shall only be required for the distance that it is continuous. Before granting the prayer of the petition, such municipal body, or bodies, shall ascertain and determine that the consent of the owners of the requisite number of front feet has been obtained as aforesaid, and such finding shall be made a matter of record, and shall be conclusive of the facts so found in all collateral proceedings: Provided, however, That before said petition is presented, twenty days' notice shall be given by such union railway company, by publication by three insertions in two newspapers of general circulation printed and published in the town |