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23 WIST hJkil STiiiT

WIISTIR,N.Y. I4SM
(716)t72-4S03

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AN ACT

To incorporate the Lockport and JYiagara Falls
Railroad Company.

Passed April 24, 1834.

The People of the State of JVew-York, represented in
Senate and Assembly do enact as follows:

§ 1. All persons who shall become Stockholders pursuant Corporation
to this Act, shall be and they are hereby constituted a body
Corporate, by the name of the " Lockport and Niagara Falls
Rail-road Company," with power to construct a single or
double Rail-road, commencing in the village of Lockport,
and running from thence on the most eligible route to the vil-
lage at or near the Niagara Falls, to transport, take and carry
persons and property upon the same, by the power and force
of animals, or of any mechanical power, or of any combina-
tion of them which the said Company may choose to employ j
and by that name they are vested with the right and privi-
lege of erecting, building and making a single or double
Rail-road for the purpose aforesaid, and the right of using
the same in the manner hereinafter directed, for and during
the term of fifty years.

^2. If the said Corporation hereby created, shall not Time limited,
within two years from the passage of this Act, commence the
construction of said Rail-road, and expend at least the sum
of fifty thousand dollars thereon, and shall not, within five
years from the passage of this Aci, finish and put in operation
the said single or double Rail-road or ways, then the said
Corporation shall thenceforth forever cease, and this Act
fhall be null and void.

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f^'oik. ^ 3. The Capital Stock of said Company shall be one hun-

dred and ten thousand dollars, which shall be divided into
shares of fifty dollars each, and shall be deemed personal
property.

Cominisiionera. § 4. Elisha Tibbits, Charles E. Dudley, Henry Seymour,
Lot Clark, Henry Wallbridge, Joel M'CoUum, John Good-
ing, Hiram Gardner, Augustus Porter, Seymour Scovell and
Samuel De Veaux, shall be Commissioners for receiving sub-
scriptions to the Capital Stock of the Corporation, and for
apportioning the same among the subscribers, agreeably to
the provisions of this act.

Notici. ^ 5. It shall be the duty of the said Commissioners, within

one year after the passage of this Act, to give notice once in
each week, for three weeks in succession, in a newspaper,
printed and published in the county of Niagara, of the time
when the books will be opened, at some convenient place in
the village of Lockport, for receiving subscriptions to the
Capital Stock of said Corporation.

Subscriptions. § 6. One or more of the said Commissioners shall attend
at the time and place appointed by the said notice for the
opening said books, and for three days successively, and
during at least six hours of each day, shall continue to re-
ceive subscriptions to the Capital Stock of the said Corpora-
tion, from allpersoiis who will subscribe thereto in conformity
with the provisions of this Act.

§ 7. Each subscriber at the time he subscribes, shall pay
to the Commissioners five dollars on each share of the Stock
•subscribed by him.

^ 8. If at the expiration of the time mentioned in the sixth
section of this Act, it shall appear that more than the requi-
site number of shares have been subscribed, it shall be the
dutji of the Commissioners to distribute the same among the
subscribers in such manner as they shall deem equitable and
proper.

^ 9. In case the Capital Stock shall not be subscribed
during the time specified in the preceding sixth sectkn, it

First Payment.

Distribution of
Stoclt.

Additional sub
scriplioDS.

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shall be the duty of the commissioners from timo to time, to
take such further measures as they may deem necessary, in
order to fill the subscriptions for the Stock.

§ 10. The concerns of the Corporation shall be managed Wrenors.
by seven directors, to be chosen annually, by and from among
the number of Stockholders.

§ 1 1. As soon as may be, after the Stock shall have been Notice,
thus apportioned, the Commissioners shall give a notice of
the time and place at which a meeting of the Stockholders
will be held, for the choice of Directors. Such notice shall
be published once in each week for three weeks successively,
prior to the time therein appointed for such election, in a
newspaper printed and published in the county of Niagara.

§ 12. At the time and place appointed for that purpose, Kleciion.
the Commissioners or some of them, shall attend, and the
Stockholders, or their proxies duly appointed in writing,
shall proceed to elect, by ballot, the requisite number of Di-
rectors. The Commissioners, or some of them, shall preside
at the election, and shall certify the result in writing under
their hands, which certificate shall be recorded in the books
of the Corporation, and shall be sufficient evidence of the
election of the Directors therein namei'. All future elections
shall be conducted in the manner prescribed by the By-Laws
of the Corporation.

§ 13. Each Stockholder shall be allowed as many votes Votpn.
as he owns shares of Stock atthecommLMicement of any such
election, and a plurality of votes shall determine the choice ;
but no Stockholder shall be allowed to vote at any election
after the first, for any Stock that shall have been assigneil to
him at any time within thirty days prior to the time at which
such election shall be held. J&jj^r

§ 14. The Directors shall hold their ofhceSKfime year, Tenure oi office
and until others shall be elected in their steadi^flBiy shall
appoint one of their number as President, and some suitable
person as Secretary of the Corporation.

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«ur»eys. ^ 16. The Said Directors shall have power to cause such

examinations and surveys of the route for said Rail-road to
he made as may be necessary to tlie selection by them of the
most advantageous line, course or way, for the said road.
And the said Directors, or a majority of them, shall, al\er such
examinations and surveys shall bt> made, select, and by cer-
tificates designate the line, course or way, which they may
deem most advantaf(cous for the said Rail-road, a certifi-
cate of which, shall be filed in the odice of the clerk of Nia-
gara county, and the way so selected and certified shall be
deemed the line, coursi- or way, on which the said Corpora-
tion shall construct, erect, buihl or make said Rail-road, as
hereinafter provided.

RenlEstote. ^ 16. The Corporation is hereby empowered to purchase,
receive and hold such real estate as may be necessary and
convenient in accomplishinir the object for which this Cor-
poration is granted, and may, by their agents, surveyors and
engineers, enter upon such route, place or places to be de-
signated as aforesaid by the said Directors as the line, course
or way, whereon to construct the said Kail-road ; and it shall
be lawful for the said Corporation to enter upon, and take
possession and use all such lands and real estate as may be
indispensable for the construction and maintenance of said
Rail-road, and the accommodations requisite and appertain-
ing unto them ; antl may also receive, hold and take, all such
voluntary grants and donations of land and real estate as
shall be made to said Corporation, to aid in the construction,
maintenance and accommodation of said Rail-road or ways;
but all lands or real estate thus entered, taken possession of
and used by said Corporation which are not donations, shall
be purchased oi^e owners of the same, at a price to be mu-
tually agreaJHMn between them. In case of a disagree-
ment of jj^qplfand before the making of any portion of the
road upi|»8aid land, the Directors of the said Company may
present their petition to the Vice-Chancellor of the eighth
circuit, setting forth the necessity of such lands for making

snid Rail-road or ways, and of the attempt and failure to pur-
chase the same, with the name and residence of the owner,
and the reason why the purchase cannot be made ; and the
said Vice-Chancellor shall direct such notice to the owner or
owners of such lands as he shall deem proper and reasonable,
of the time and place of hearing the parties, and upon proof
of due service of such notice, and upon hearing the parties,
the Vice-chancellor shall appoint three competent ,and dis-
interested Freeholders of said county of Niagara to appraise
said lands. The said Commissioners, after giving notice to
the owner, or in case of absence, leaving a written notice at
his \isual place of residence, shall appraise said lands, and
shall award to the owner or owners thereof what they shall
deem to be the full value of the same, and shall be authorized
to examine the lands, to administer oaths, to hear testimony,
and shall make their appraisement in writing without delay,
under their hands, with a minute and accurate description of
the land appraised, with a map thereof, and shall report the
same, with the testimony taken, to the said Vice-Chancellor.
The said Vice-Chancellor shall examine the report, and shall
hear the parties if desired, and may increase or diminish the
amount awarded if he shall be satisfied injustice has been
done. Upon proof to the said Vice-Chancellor, within thirty
days after his determination, of the payment to the owner,
or of the depositing to the credit of the owner in such bank
as the said Vice-Chancellor shall direct, of *' e amount of
such appraisement, and the payment of all expenses attending
it, the said Vice-Chancellor shall make a decree or order,
particularly describing the lands, and reciting the appraise-
ment, and the mode of making it, and all other facts neces-
sary to a compliance with this section of this act. And when
the said decree or order shall be recorded in the office of the
clerk of Niagara county, whose duty it shall wt^o record the
same, the said Corporation shall be possessed of all the lands
for the purpose of said road, and may enter upon and take
possession and use the same.

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Uisliiri of in-
fnnii, &c.

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Crossing rnnila
ur ktrt'uiM.s,

Tolli.

Penally.

Calls on Stock
holders.

§ 17. In case any married woman, infant, idiot, insane
person, or non-resident, who shall not appear aiter such
notice, shull be interested in any such land, the said Vicc-
Chnncellor shall appoint some competent and disinterested
person to appear before the said Commissioners, and act for
and in behalf of such married woman, infant, idiot, insane
person or non-resident.

^ 18. Whenever it shall be necessary for the construction
ol the Rail-road to intersect or cross any stream of water or
water course, or any road or highway lying between the
places prescribed by the first section of this act, it shall be
lawful fur said Corporation to construct said Rail-road or
ways across or upon the same ; but the Corporation shall
restore the stream or water courses, or road or highway thus
intersected, to its former state, or in a sufficient manner not
to impair its usefulness.

§ 19. it shall be lawful for the Company hereby incorpor-
ated, from time to time, to regulate and receive the tolls and
charges by them to be received, for transportation of persons
and property on said Rail-road, but the said Company shall
not charge or receive a greater sum than at the rate of lour
cents per mile for the transportation of any passenger and
his ordinary baggage.

§ 20. If any person shall wilfully do, or cause to be done,
any act or acts whatever, whereby any building, construction
or work of said Corporation, or any macliine, engine or
structure, or any matter or thing appertaining to the same ,
shall be stopped, obstructed or impaired, weakened, injured
or destroyed, the person or persons so offending, shall forfeit
and pay to the said Corporation treble damages sustained by
means of such offence or injury, to be recovered in the name
of said Corporation, with costs of suit by action of debt

§ 21. It shall be lawful for the Directors to require pay-
ment of the sums to be subscribed to the capital Stock, at
such times, and in such proportions and on such conditions
; they shall deem fit, under the penalty of the forfeiture of

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all previous payments made thereon ; and shall give notice of
the payments thus required, and of the time and place >vhcrc
the same are to be paid, at least thirty days previous to the
payment of the same, in a public newspaper, published in the
county of Niagara.

§ 22. Nothing in this act shall be deemed to authorize the Erie Cana).
said Corporation to construct the said Rail-rond across the Erie
canal, without the written authority of the canal board, who
arc hereby authorized to grant permission to the said Corpo-
ration to construct their said Rail-road or way across or along
such canal, on receiving satisfactory evidence that it is
necessary to the construction of said Rail-road or way, and
that it will be done in a manner that shall not in any degree
obstruct the transportation upon the said canal, or impair its
usefulness ; but the canal commissioners shall have a super-
intending power over such parts of said road as may be laid
across or along said canal, and may at any time direct such
alterations to be made as they may deem necessary.

§ 23. The said Corporation shall possess the general powers Gcmrul powen
and be subject to the general restrictions and liabiliti»'S
prescribed by such parts of the eighteenth chapter of the fu-st
part of the Revised Statutes as are not repealed.

§ 21. The Directors of said Company shall make an annual Annual report,
report in detail of their proceedings and expenditures, verified
by the affidavit of at least two of them, which report shall be
filed in the office of the secretary of state, and in like manner
shall, at the expiration of each year, for the term of fifteen
years after the completion of said road, file in said office a
detailed statement of tolls received on such Rail-road, and of
all moneys expended by said Company for repairs or other-
wise, for the purpose of said Rail-road.

§ 25. If the legislature of this state shall, at the expiration Right to pur-
of ten and within fifteen years from the completion of said
Rail-road, make provisioi^ by law for the repayment to the
said Corporation of the ^mount expended by them in the
construction of said Rail-road, together with all the moneys

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expended by them for permanent fixtures for the use of said
Rail-road, Avith interest on such sums at the rate of ten per
cent, per annum, together with all moneys expended by said
Company for repairs or otherwise, for the purposes of said
road, after deducting the amount of tolls received on said
road, then the said Rail-road with all fixtures and appurten-
ances, shall vest in and become the property of the people of
this state.

Right to repeal.

s'le.

The legislature may at any time alter, modify or

repeal this act.

♦

ise of said
of ten per
ed by said
ses of said
id on said
appurten-
e people of

modify or

AN ACT

To Increase the Capital Stock of the Lockport and
jyiagara Falls Rail-road Company.

Passed March 23d, 1837

The People of the State of Kew-Yrokj represented in
Seriate and Jissembly, do enact as follows :

§ 1. The Capital Stock of the Lockport and Niagara Falls stock increased
Rail-road Company, is hereby increased to the sum of one hun-
dred and seventy-five thousand dollai-s, and the President and
Directors of said Company shall issue certificates of Stock of
fifly dollars each, for the additional Stock hereby authorised
to be created.

§ 2. The Directors of said Corporation shall receive sub- Subscriptions to

. ' Stock.

scnptions for the said increase of Stock and shall distribute
and dispose of the same to such persons, and in such manner
as they shall deem most advantageous to the interests of the
Corporation.

§ 3. Thirty days previous notice shall be given of the time Noticf to bo
and place of opening the books for subscription to the said
new Stock ; not more than one half of said new Stock shall
be allotteil to the present Stockholders in said Corporation, if
one half thereof shall have been subscribed by persons not
Stockholders in sai<l Corporation.

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given,

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6 4. The Directors shall have the power to equalize the ^'^'''f. '" *''

* ' ' equalized.

value of the New Stock to the Old, by requiring payment
on the New Stock, of such amount over and above the
par value, as shall be equal to the interest on the old Stock,
at the rate of seven per cent, per annum, from the time or
times when the same was paid in.
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*"*''" P">t» § 5. The grant made to said Corporation, by the Chiefs of
the Tuscarora Indians, in the year one thousand eight hun-
dred and thirty-five, of a right of way over the land occu-
pied by the said Indians, in the town of Lewislon, is hereby
declared to be of the same force and eifect, as if the same had
been made by a citizen of this State, seized of such lands in
fee simple.

Chiefs of
ght hun-
md occu-
is hereby
same had
1 lands in

AN ACT

To Jlinend the Charter of the Lockport and JViagara Fulls
Rail-road Company, passed Jlpril 24(h, 1834.

Passed by a two-third voto, April 22d, 1841.

The People of the State of J\'ew York, represented in
Senate and Jlsxemhly, do enact as follows :

§ 1. The Lockport and Niagara Falls Rail-road Company Road to he ex .
are hereby authorized to extcml their Hailroad from the vil-
lage of Lockport by the most eligible route, to the western
termination of the Auburn and Rochester Rail-road in Ro-
chester, or to the western termination of the Tonawanda
Rail-road in Batavia, as shall be determined by a majority of
the Directors of the Lockport and Niagara Falls Rail-road
Company, by resolution, to be entered in their minutes, and
filed in the clerks' offices of the seveial counties through
which such extended Rail-road shall pass.

§ 2. For the purpose of constructing a Rail-road from Capital stock
Lockport to either of the points designated in the preceding creased,
section, the said Lockport and Niagara Falls Rail-road Com-
pany, are authorized to increase the Capital Stock of said
Company to such amount as the Directors of said Company
shall decide to be necessary for that purpose, not exceeding
five hundred thousand dollars in addition to the present
Capital.

§ 3. The amount of such increase of Stock shall be fixed Amount, how to
by the Directors by resolution ; whereupon the new Stock
hereby authorized to be created, may be issued and disposed
of in such manner as the Directors shall deem expedient.

§ 4. In the construction, use and management of the Rail- Road how to be
road authorized by this Act, the said Company may exercise
all the powers, and shall be subject to all the provisions and
restrictions contained in the Act hereby amended.

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* 4.

AN ACT

^Hutlwrizing the Lockport and JViagara Falls Rail-road
Company to Increase their Capital Stock.

Passed by a two-thinl vote, Feb. 10, 1842.

I i|

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The People of the Slate of JVew-York, represented in
Senate and .Assembly, do enact as follows:

Pt«ck may be ^ 1. The Directors of the Lockport and Niagara Falls
Rail-road Company, are authorized to increase the Capital
Stock of said Company to an amount not exceeding twelve
hundred thousand dollars, in addition to the Capital now
paid in.

Shares. § 2. The said Directors are authorized to alter the shares

m the Stock of said Company, from fifty to one hundred dol-
lars each.

xppraisoinents, ^ 3. The sixteenth section of the Act entitled " An Act to

hdW lohc muile . i t i -ky i-. ii ••■» m i /~i

ui ciTtain cabcs. incorporate the Lockport and Miagara rails Kail-road Com-
pany passed April 24th, 1834, be so altered and amended,
that in case of a disagreement between the owners of the
land over which the said Rail-road shall pass,'and the Direc-
tors of the Company, as to the price to be paid the owners for
their lands, and when it becomes necessary to apply to the
Vice-Chancellor of the eighth circuit lo institute proceedings
to ascertain the price of such lands according to the said six-
teenth section, the owners shall, on such appraisement as is
provided in that section, be allowed to receive wliatever
damages they shall sustain, in ad lition to the value of their
lands in consequence of the construction of the said road.
And that the said sixteenth section be further amended so that
the appraisement shall be made by three disinterested freehold-
ers of the county where the lands appraised shall be situated.

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