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91. From passengers;

92. From freight;

93. From other sources;

94. The above to be stated without reference to

the amount actually collected;

95. Receipts during the year

96. From passengers;

from freight;

97. From other sources, specifying what, in detail;

98. Payments for transportation expenses; 99. For interest;

100. Dividends on stock, amount and rate per cent;

101. Payments to surplus fund, and the total amount of the fund;

102. The number of persons injured in life and limb, and the cause of the injury, and whether passengers or persons employed; whether any such accidents have arisen from carelessness or negligence of any person in the employment of the corporation, and whether such person is retained in the service of the corporation;

103. The provisions of this section shall apply to all existing railway corporations; and the reports made in pursuance hereof shall be deemed a full compliance with any existing law or resolution requiring annual reports.

1 R. S., 1232, § 30.

Penalty for § 525. Any company which neglects so to report



may reduce the rates of fare and freight.

is liable to a penalty of two hundred and fifty dollars.

1 R. S., 1235, § 31.


§ 526. If on an examination at any time by the state engineer and surveyor, and the comptroller, it is ascertained that the total net income of company for the year then passed, has exceeded ten per cent upon the capital of the company actually expended, the legislature may alter or reduce the rates of freight, fare or other profits; but not so as to produce less than ten per cent, except by the consent of the company.

Ib., § 32.



SECTION 527. State and municipal authorities may make grants.
528. City railways.

529. Commissioners of highways may permit certain railways
to cross public roads.

530. Indian chiefs may grant right of way.

531. Grants by owner not having capacity to convey.

532. Acquiring title by appraisal.

533. Lands acquired to be held in fee.

534. Route to be fixed before construction.

535. Commission to review route.

536. Company may alter their routes.

537. Company may alter their grades.

538. Construction of crossings and intersections.

539. Weight of rail.

540. Map of completed road to be filed.

541. Lines common to two roads.

542. Lines without the state.

543. Company to erect and maintain fences and cattle guards.

544. Agreement of adjoining owner to fence.

545. Walking on railway tracks prohibited.

State and



§ 527. Lands belonging to the state, or to any municipal county or town, and required for the purposes of may make any railway, may be granted to the company by the commissioners of the land office, or the county or town officers having charge of such lands, as the case may be, upon such compensation as agreed by such respective officers.

1 R. S., 1230, § 25.


§ 528. The common council of no city shall City rail. permit the construction along any street or avenue therein of a railway for the transportation of passengers, commencing and ending within the city, except in the following manner:

They shall give public notice in one or more of the principal newspapers published in the city, of intention to grant authority to establish such a road, and of the terms and conditions upon which the grant will be made, and inviting proposals therefor to be made at a specified time and place. If the majority in interest of the owners of property, estimating the same at the assessed value thereof, upon the whole of the street or avenue, have consented to the construction of the railway therein, the common council may then grant authority to construct such railway to such person proposing for the same as agrees to carry passengers thereon at the lowest rates of fare, and gives


sioners of highways

adequate security to comply in all respects with the terms and conditions prescribed.

Laws of 1854, ch. 140, §§ 1, 2.

§ 529. When any person or association con

may permit structs a railway upon land purchased for the

certain rail

ways to


cross public purpose on a route crossing any public road, they may be authorized, by the written consent of the commissioners of highways having charge of such road, to construct their railway across or on the same, but they shall restore it to its former state, so as not to impair its usefulness.


chiefs may

grant right of way.

Grants by owner not having capacity to convey.

1 R. S., 1054, § 152.

§ 530. The chiefs of any nation of Indians may, with the approval of the county court of the county, grant to a company the right of way over their lands; but nothing more can be so granted than the right to use, for the purposes of the railway, the lands taken.

Ib., 1243, §§ 62, 63.

§ 531. The supreme court has power, by a summary proceeding, on petition, to authorize any trustee not otherwise authorized, or the general guardian or committee of any infant, idiot or person of unsound mind, to sell and convey to any railroad corporation, on such terms as shall be just the title vested in such trustee, or in such infant, idiot or person of unsound mind, to any real property which is required for the purposes of such

company's incorporation. In case such infant, idiot or person of unsound mind has no general guardian or committee, the court may appoint a special guardian or committee for the purpose, and may require from him such security as it deems proper. Before the conveyance is executed, the terms thereof shall be reported to the court on oath, and if the court is satisfied they are just to the party interested in the estate, it shall confirm the report and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner having legal power to sell and convey.

1 R. S., 1230, § 26.



§ 532. In case any railway corporation, the line title by of whose road has been surveyed and designated, and a certificate thereof duly filed, as required by section 533, is unable to agree for the purchase of any real property required for purposes of its incorporation, it has the right to acquire title to the same in the mode provided by the CODE OF CIVIL PROCEDURE for taking private property for public use.

From 1 R. S., 1224, § 13, amended by Laws of 1853, ch. 282, § 4. By that act, real property, between certain streets in the city of Buffalo, is excepted.

acquired to
be held in

§ 533. All lands acquired by any railway company by appraisal, for passenger and freight depots fee.

shall be held in fee.

Laws of 1854, ch. 282, § 17.

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