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Route to be fixed before



sion to review route.

§ 534. Every railway company formed under the general laws of the state shall in each county, before constructing any part of their road therein, make a map and profile of their route therein, which shall be certified by their president and engineer, or a majority of the directors, and filed in the county clerk's office. The company shall give written notice of such route to all actual occupants of lands over which it lies and not belonging to the company.


1 R. S., 1229, § 22, first part.

§ 535. Any party feeling aggrieved by the location may, within fifteen days after receiving such notice, apply to the county court by a verified petition setting forth his objections and the court if it deems there is sufficient cause, appoint three disinterested persons, one of whom must be a practical engineer, as commissioners to examine the route, and after hearing the parties to confirm or alter the same as may be just to all parties and the public; but no alteration shall be made without concurrence of the commissioner who is a practical engineer. Their determination shall be made, certified and filed in the county clerk's office within thirty days after their appointment. They are entitled to three dollars each per day for services and expenses, to be paid by the petitioner, and if the route is altered by them the company shall refund it.

Ib., 1229, § 22, last part.

may alter their routes

§ 536. Any company may at any time by a two- Company thirds vote of the directors, alter any part of their route; and when their grade is required to be altered at a canal-crossing in consequence of directions from the canal commissioners, they may with the assent of such commissioners lay out a new line for the purpose of crossing at a more favorable grade, and without being compelled to abandon the existing line. In any alteration of their route or any addition of such new line, they shall file in the proper county clerk's office a survey, map and certificate; but no such alteration of a route or addition of a new line shall be made in any city or village after the road is constructed, unless by the sanction of a two-thirds vote of the common council or trustees. In case of any alteration of route after grading has been commenced, compensation shall be made to all persons for injury so done to lands that were donated to the company. 1 R. S., 1229, § 23; Laws of 1854, ch. 282, § 17.

may alter

their grades

§ 537. Any railway company may at any time Company alter the grade in any part of their route; damages arising therefrom to be appraised as upon taking lands.

From Laws of 1855, ch. 478, ý 1. The city of Buffalo is excepted in that act.

tion of crossings

and inter


§ 538. Where the route crosses a highway, Constructurnpike or plankroad already or hereafter laid out, the latter may be carried under or over the track. Where an embankment or cutting makes

Weight of rail.

Map of completed road to be filed.

Lines common to two railways.

a change in the line of such an intersecting public way desirable for ease of ascent or descent, the company may take for such change such additional lands as are requisite, in the same manner as lands acquired by the corporation for its own roadway; and the same become part of such intersecting way, and are held by the same tenure therewith. 1 R. S., 1229, § 24; Laws of 1853, ch. 62, § 2, last clause

§ 539. No company shall use for their track, except for turnouts, sidings and switches, any iron rail of less than fifty-six pounds to the lineal yard. 1 R. S., 1230, § 27.

§ 540. Every company shall, within a reasonable time after their road is constructed, cause to be made a map and profile thereof, and of the land obtained for the use thereof, and file the same in the office of the state engineer and surveyor; and also like maps of the parts thereof located in different counties and file the same in the offices for recording deeds, in the county in which such parts are. Every such map shall be drawn on a scale, and on paper, to be designated by the state engineer and surveyor, and shall be certified and signed by the president or engineer of such corporation. Ib., 1238, § 44.

§ 541. Whenever two companies embrace the same location for a portion of their line, or whenever, by the connection of two or more railways, the same points of termination are reached by

railway, any two such railways may, by agreement, provide for the construction by one of the companies of so much of the line as is common to both, and for the manner and terms upon which the business thereon shall be performed. Any company so connecting may alter 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 its road thus shortened. This section does not apply to any part of the line within the bounds of a city.

Laws of 1854, ch. 282, p. 608, § 13.

out the


§ 542. Any company formed under the general Lines withlaws may if necessary, under a two-thirds vote of the directors, locate and construct in an adjoining state a part of their road between any two points within this state; and the sections of such road lying within this state shall be deemed a connected line according to the articles of association. The directors may, in such case, reduce the capital to an amount not less than that required by law for the number of miles of the line actually within the state.

1 R. S., 1240, § 55.

§ 543. Every company whose line is open for use, and before opening a new line for use,

erect and maintain on the sides of their


to erect and maintain


fences and

cattle. guards.


wherever fences are necessary to prevent horses,

cattle, sheep and hogs from getting on to the railroad from the adjoining lands, a fence of the height and strength of a division fence, as required by law, or a sufficient post and wire fence, with openings, gates or bars at the farm-crossings for the use of the adjoining owners; and also shall erect and maintain cattle-guards at all road-crossings (whether of roads already or hereafter laid out), suitable to prevent such animals from getting on to the railway. When such fences or guards are not made or not in good repair, the company and its agents are liable for damages done by the agents or engines of any company to any such animals thereon under any circumstances, except where the willful act of the owner caused the injury: but when such fences and guards are duly made and in good repair they are not liable for any such damages, unless negligently or willfully done.

Laws of 1854, ch. 282, § 8; Laws of 1853, ch. 62, § 2, last clause.


of adjoining

owner to fence.

§ 544. It is the duty of every owner of land adjoining any railway, who has received or whose grantor has received a specific sum as compensation to fence, and has agreed to build and maintain a lawful fence on the line of said road, to build and maintain such fence; and if the owner, his heirs or assigns, within thirty days after notice so to do from the company, neglects to build or maintain the same, if built, the company shall

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