and on each side of said board shall be printed in capital letters, of the size of not less than nine inches each, the words, "Railroad Crossing; look out for the cars!" But this section shall not apply to streets in cities or villages, unless the Railroad Corporation be required to put up such boards by the officers having charge of such streets. son having for being Intox maintain Fences, (1986.) SEC. 42. If any person shall be intoxicated, while in Liability of percharge of a locomotive engine, running upon the Railroad of charge of engine, any Corporation in this State, or while acting as the Conductor icated. of any train of cars on any such Railroad, he shall be liable for all damages incurred or produced by either his neglect or inefficiency, and shall be deemed guilty of a misdemeanor. (1987.) SEC. 43. Every Railroad Corporation formed under Corporation to this act shall erect and maintain fences on the sides of their etc." road, of the height and strength of a division fence required by law, with suitable openings, and gates therein, and convenient farm crossings of the road, for the use of the proprietors of lands adjoining such Railroad, and also to construct and maintain cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on to the Railroad; until such fences and cattle guards shall be duly Liability of Commade, the Corporation and its agents shall be liable for all to Animals until damages which shall be done by their agents or engines to ed cattle, horses or other animals thereon, and all other damages which may result from the neglect of said Corporation to erect and maintain fences and farm crossings as aforesaid; and after Not liable after such fences and guards shall be duly made and maintained, the 13 Barb., 594. Corporation shall not be liable for any such damages unless 8 Foster (N. H.), negligently or willfully done; and if any person shall ride, lead or drive any horse or animal upon such road, and within such fences and guards, other than at farm crossings, without the consent of the Corporation, he shall, for every such offence, forfeit a sum not exceeding ten dollars, and shall also pay all damages which shall be sustained thereby, to the party aggrieved. pany for damages Fences are erect 5 Ind. 111. Fences erected. 3 Kernan, 42. 161. jured while viola (1988.) SEC. 44. In case any passenger on any Railroad shall Passengers inbe injured while on the platform of a car, or on any baggage, not to recover wood, or freight car, in violation of the printed regulations of damages. the Company, posted up at the time, in a conspicuous place inside its passenger cars then in the train, such Company shall not be liable for the injury: Provided, Said Company at the Proviso. time furnished room and seats inside its passenger cars sufficient for the proper accommodation of its passengers. Tax to be paid to (1989.) SEC. 45. Every Corporation formed under the provisions of this act, shall, on or before the first day of July, pay the State Treasurer an annual tax of one per cent. on the capital stock of said Company paid in, which tax shall be in lieu of all other taxes upon the property of said Company, whether real, personal, or mixed, except penalties by this act How Tax estima- imposed; the said tax shall be estimated upon the last annual report of said Corporation; but nothing contained in this section shall apply to any existing Corporations. ted. Penalties incurred under this ed. (1990.) SEC. 46. All penalties incurred under the provisions Act, how recover of this act, when not otherwise provided for, may be sued for in the name of the People of the State of Michigan; and if such penalty be for a sum not exceeding one hundred dollars, then such suit may be brought before a Justice of the Peace. (1991.) SEC. 47. If any Railroad Corporation shall not, within three years after its incorporation, begin the construction of its road, and expend thereon ten per cent. on the amount of its capital, and finish the road and put it in full operation in seven years thereafter, its act of incorporation shall become void, so far as it applies to that portion of said road then unfinished. When Incorporation to become void. Company to have the rights and liamon Carriers. (1992.) SEC. 48. Any Railroad Company receiving freight for transportation, shall be entitled to the same rights, and subject to the same liabilities as common carriers, except as herein otherwise provided. Whenever two or more Railroads are connected together by running arrangements, any Company owning either of said roads receiving freight to be transported by agreement to any place on the line of either of the said roads so connected, shall be liable as common carriers for the delivery of such freight at such place. In case any such Company shall become liable to pay any sum, by reason of the neglect or misconduct of any other Company or Companies, the Company paying such sum may collect the same of the Company or Companies by reason of whose neglect or misconNot to abridge duct it became so liable. No Railroad Corporation created in Law liability, etc. this State shall be suffered to lessen, or directly or indirectly abridge their common law liability as such common carriers. (1993.) SEC. 49. Any Railroad Company in this State may, by means of subscription to the capital of any other Company or otherwise, aid such Company in the construction of its Railroad, with the assent of such other Company; or any Railroad Company, in order to facilitate the transaction of business, and prevent the expense to the public of delays, stoppages, and unnecessary transhipment of merchandise and their Common May take Stock in other Companies rangements with for running Cars. passengers, may make any arrangements with other Railroad May make ar Companies within or without this State, for the running of its other Companies cars over the road of such other Company, or for the working and operating of such other Railroads as said Companies shall mutually agree upon; such agreement, however, to be filed in the office of the Secretary of State, and be open to the inspection of the public; and any two or more Railroad Companies whose lines are connected, may enter into any arrangements for their common benefit, consistent with, and calculated to promote the objects for which they were created: Provided, Meeting of Stockthat no such aid shall be furnished, nor arrangement perfected, called, etc. until a meeting of stockholders of each of said Companies shall have been called by the Directors thereof, at such time and place, and in such manner as they shall designate, and the holders of a majority in interest of the stock of such Company represented at such meeting, in person or by proxy, and voting thereat, shall have assented thereto. holders to be first may consolidate. tion to be effect (1994.) SEC. 50. Any Railroad Company in this State, form- when Companies ing a continuous or connected line with any other Railroad Company, may consolidate with such other Company either in or out of this State, into a single Corporation: Provided, That no such Companies having parallel lines, or lines diverging and converging, but being conterminious, shall be permitted to consolidate themselves into one Corporation. The Directors How consolida of said two or more Corporations may enter into an agreement ed." 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 be less than seven nor more than thirteen, the time and place of holding the first election of Directors, 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, 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 their respective charters or laws of organization, not inconsistent with the provisions of this act. Such agree- Agreement to be ment of the Directors shall not be deemed to be the agreement Stockholders. submitted to When agreement is completed, fil Corporations to 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 as aforesaid, and has been sanctioned by such stockholders, by the vote of a majority in interest of the stockholders present at such meeting, in person or by proxy and voting, each share of capital stock 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. (1995.) SEC. 51. Upon making the agreement mentioned in ed, ete the two the preceding section, in the manner required therein, and be merged in one 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 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. Rights and inter ests of such new Corporation. (1996.) SEC. 52. Upon the election of the first Board of Directors of the Corporation created by said agreement, all 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 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 all the right of way and all other rights of property, in the same manner, and to the same intent 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 Rights of Credi- means of anything 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 hereby are, preserved unimpaired, and the respective Corporations shall continue to exist, so far as may be necessary to Debts, Liabilities, enforce the same: And provided further, That all the debts, liabilities and duties of either Company shall thenceforth tors. etc., of Corpora tion. may agree on Road on line com attach to such new Corporation, and be enforced against the same, to the same extent and in the same manner, as if such debts, liabilities and duties had been originally incurred by it. (1997.) SEC. 53. Whenever two Railroad Companies shall, Two Companies for a portion of their respective lines, embrace the same construction o location of line, they may, by agreement, provide for the con- mon to both. struction of so much of said line as is common to both of them, by one of the Companies, and for the manner and terms upon which the business thereon shall be performed. Upon the making of such agreement, the Company that is not to construct the part of the line which is common to both, may alter and amend its articles of Association so as to terminate at the point of intersection, and may reduce its capital to a sum not less than ten thousand dollars for each mile of the road proposed to be constructed in such amended articles of Association. Nothing in this act shall be construed to release Proviso. any chartered Company from building any line of road which by its charter it is obligated to build, or to transfer to any other Company, by virtue of this section, or any agreement made in pursuance thereof, such obligation. caused by wrong or default, Com for damages. (1998.) SEC. 54. Whenever the death of a person shall be when death caused by wrongful act, neglect or default of any Railroad ful act, neglect, Company or its agents, and the act, neglect or default is such pany to be liable as would (if death had not ensued) entitle the party injured to maintain an action and recover damages, in respect thereof, then, and in every such case, the Railroad Corporation which & Barbour, 381. would have been liable if death had not ensued, shall be liable 21 do 245, 508. to an action for damages, notwithstanding the death of the 2 Cushing, 539. person injured, and although the death shall have been caused under such circumstances as amount in law to felony. 13 do 9. 16 Illinois, 558. brought in name sentative. (1999.) SEC. 55. E. ery such action shall be brought by and Action to be in the names of the personal representatives of such deceased of personal repreperson, and the amount recovered in any such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportion provided by law in relation to the distribution of personal property left by persons dying intestate; and in any such action the jury may give such. amount of damages as they shall deem a fair and just compensation, not exceeding five thousand dollars, with reference to the pecuniary injuries resulting from such death to the wife and next of kin of such deceased person: Provided, That any Limitation of such action shall be commenced within two years of the death action. |