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tree so felled, and the like sum for every day the same remains in such highway, river or stream.

1 R. S., 1051. § 129.

bridges,and penalty for


521. The commissioners may put up and main- dies, on tain at each end of any public bridge, the length of whose chord is not less than twenty-five feet, a notice in these words, in large characters: "One dollar fine for riding or driving on this bridge faster than a walk;" and whoever rides or drives faster than a walk on such bridge is liable to a penalty of one dollar for each offense.

Ib., 1053, §§ 142, 143.

of penalties.

§ 522. All penalties or forfeitures given in the Application provisions of this Code respecting highways, and not otherwise specially provided for, shall be recovered by the commissioners of highways of the town where the offense is committed, and be expended on the highways.



ARTICLE I. General powers and duties of railway companies.

II. Construction of railways.

III. Railway traffic.



SECTION 523. Powers of company.

524. Annual report.

525. Penalty for neglect.

526. Legislature may reduce the rates of fare and freight.

Powers of company.

§ 523. In addition to the general powers of corporations, every railway company has power:

1. To make all surveys necessary for the choice of its route, and for such purpose to enter upon the lands or waters of any person, but subject to responsibility for all damages done;

2. To take and hold by purchase, or by voluntary grants, any property to aid in the purposes of its incorporation; but real estate received by voluntary grant shall be held and used for the purposes of such grant only;

3. To lay out its road, not exceeding six rods in width, and to construct the same, and for purposes of cuttings and embankments to take as much more land as necessary for its secure construction; and to cut down any trees that may be in danger of falling upon it, making compensation therefor in the same way as for lands taken;

4. To construct their road across, along or upon any stream, water-course or public way which its route intersects or touches, restoring the same to its former state, or to such state as not unnecessarily to impair its usefulness; and subject to the powers, with respect to railways, conferred by law upon the canal commissioners. Nothing in this chapter contained shall be construed to authorize the erection of any bridge or other obstruction at

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a place on any stream or lake navigated by any steam or sail boats; nor the construction of any railroad in or across any city street without the assent of the corporation of the city; nor upon any land within a public way, without compensation to the owner of the fee thereof;'

5. To cross, intersect and unite its road with any railway before constructed, and upon the ground of such other railway company, with the necessary turn-outs, sidings and switches, and other conveniences in furtherance of the objects of its connections. Every company whose road is intersected by a new road shall unite with the company owning such new road in forming such intersections and connections, and grant the necessary facilities; and if they cannot agree upon the compensation therefor, or the points and manner of such crossings and connections, the same shall be ascertained in the manner provided by law for lands taken;

6. To carry persons and property on their railway by the power of steam or of animals, or by mechanical power;


7. To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and useof their passengers, freights and business;

8. To regulate the time and manner in which

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Annual report.

passengers and property shall be transported, and the compensation therefor; but the compensation for any passenger and his ordinary baggage shall not exceed three cents per mile. But this subdivision does not apply to corporations formed under special charter before April 2d, 1850;

9. From time to time to borrow such sums as are necessary for completing or operating their railway, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure any debt contracted for such purposes; and the directors may confer, under such regulations as they see fit, on any holder of any such bond, the right to convert the principal thereof into stock of the company, at any time not exceeding ten years from the date of the bond.

1 R. S., 1230, § 28.

524. Every company shall make an annual report to the state engineer and surveyor of the operations of the year ending on the thirtieth day of September; which report shall be verified by the oath of the treasurer or president, and acting superintendent of operations, and be filed in the office of the state engineer and surveyor by the first day of December in each year, and shall


1. The amount of capital as by charter;

2. The amount of stock subscribed;

3. The amount paid in as by last report;

4. The amount now of capital stock paid in;

5. The funded debt by last report;

6. The amount now of funded debt:

7. The floating debt as by last report;

8. The amount now of floating debt;

9. The total amount now of funded and floating debt;

10. The average rate per annum of interest on funded debt.


11. For graduation and masonry by last report'; 12. The amount now expended for the same; 13. The amount for bridges by last report; 14. The amount now expended for the same;

15. The amount for superstructure, including iron, by last report ;

16. Amount now expended for the same;

17. For passengers and freight stations, building and fixtures, by last report;

18. Amount now expended for the same;

19. For engine and car-houses, machine shops, and machinery and fixtures, by last report;

20. Amount now expended for the same;

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