PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

SEC. 6. Be it further enacted, That at every election
each share shall entitle its holder to one vote, except that
no stockholder shall be entitled to give more than one-
sixth of the entire vote to which the stockholders are en-
titled, and absent stockholders may vote by agents or
proxies producing written authority; in case of a tie the

election shall be decided by lot.

CHAP. 28.

Manner of
voting regula-
ted.

SEC. 7. Be it further enacted, That the American
Telegraph Company hereby incorporated, shall have
power to sue and be sued, complain and defend in any
court of law or equity having competent jurisdiction,
to make and use a common seal, and the same to alter at
pleasure, to purchase and hold such real and personal
estate as the lawful purposes of the corporation may
require, and the same to sell and convey when no lon-
ger so required, to appoint such officers and agents as
may be necessary to manage the business of the corpo-
ration, and to allow them a suitable compensation, and
to make bye-laws, not inconsistent with any existing
law, for the management of its property, the regulation
of its affairs, and the transfer of its stock.

Corporate
powers, &c.

SEC. 8. Be it further enacted, That the corporation
hereby created shall have power, by contracts with other
persons or bodies politic, to connect their lines of tele-
graph with lines out of the State.

May make
contracts.

SEC. 9. Be it further enacted, That the American
Telegraph Company shall have power to set up their
fixtures along and across any of the roads, streets or
waters of this State without its being deemed a public
nuisance, or subjected to be abated by any private per-
son, the said fixtures to be so placed as not to interfere
with the common use of such roads, streets or waters,
or with the convenience of any land-owner more than
is unavoidable, but the said corporation shall be respon-
sible for any damages which any person or corporation
may sustain by the erection, continuance and use of
such fixtures, and in any action brought for the recovery
thereof by the owner or possessor of any lands, the
damages to be awarded may at the election of such
corporation include the damage of allowing the said fix-
tures permanently to continue, on payment of which da-
mages the right of the corporation to continue such fix-
tures shall be confirmed as if granted by the parties to

Fixtures not
deemed a nui-
sance.

the suit; provided, that no person or body politic shall
be entitled to sue for or recover damages as afore-
said until the said corporation after due notice shall have
failed or refused to remove in reasonable time the fix-
tures complained of; and every person who shall destroy

Proviso.