Towns of less than 12,000 inhabitants may take stock in any railroad. 1870, 325, § 3. Provisos. SECT. 29. Any town of this Commonwealth having less than twelve thousand inhabitants within which the road of any railroad corporation incorporated after the third day of June, in the year one thousand eight hundred and seventy, or the road of any existing corporation previously incorporated, which is constructed after said date, shall be located or terminate, may subscribe for and hold shares of the capital stock, or the securities of such railroad corporation, to an amount not exceeding five per centum of the valuation of such town for the year in which the subscription shall be made: provided, that two-thirds of the legal voters of such town present and voting by ballot, and using the check-list, at a legal town meeting duly called for the purpose, shall vote to subscribe for such shares or securities; but nothing herein contained shall affect the right of any town to subscribe for such shares or securities under authority of any previous act; and provided, also, that the total amount of all subscriptions of such town which have been or may be made to the stock or securities of any railroad corporation or corporations under authority of this or any previous act, shall not exceed five per centum of the assessed valuation of such town. Such town may pay for such shares or securites so voted to be taken out of pay for shares. its treasury, and may raise by loan upon bonds, or tax, or otherwise, any and all sums of money which may be necessary to pay for the same; and may hold and dispose of the same like other town property; and the selectmen of such town or any agent specially chosen for the purpose, shall have authority to represent such town at any and all meetings of such corporations, and may vote on the whole amount of the stock so held, anything in other sections of this act to the contrary notwithstanding. [No alteration, other than verbal.] Towns may raise money by loan, &c., to Corporation Corporation may subscribe five per cent. of capital to steamship stock. Proviso. 1868, 347, § 1. May guarantee bonds of steam SECT. 30. A corporation may hold stock in a telegraph company whose line of telegraph connects two or more places on the line of its road, to an amount not exceeding two hundred dollars for each mile so connected. [No alteration.] SECT. A corporation may hold stock to an amount not exceeding five per cent, of its capital stock in any steamship company chartered under the laws of this Commonwealth for the purpose of carrying freight, passengers and mails between any port in this Commonwealth and Europe: provided, said corporation at a legal meeting of its stockholders called for that purpose voted so to do, and such stock was subscribed for within six months of the eleventh day of June, in the year eighteen hundred and sixty-eight. No corporation having availed itself of the privilege afforded in the above section it became wholly inoperative and should be omitted in revision.] SECT. 31. A corporation [not holding stock under the proship companies. Visions of the preceding section] may guarantee the bonds of 1868, 347, § 2. any company authorized to establish a line of steamboats [as aforesaid], for the purpose of carrying freight, passengers and mails between any port in this Commonwealth and Europe, to an amount not exceeding five per cent. of the capital stock of said railroad corporation, upon adequate security therefor, or may issue its own bonds to the same amount, bearing interest at the rate of seven per cent. per annum, and secure the same by a mortgage of the railroad equipment and franchise of the corporation. [As the words between brackets in the above section became inoperative they should be omitted in revision. In other respects the alterations are only verbal.] railroad com 1870, 325, § 4. SECT. 32. A corporation whose line of road is wholly con- May guarantee structed and in operation may guarantee the bonds or other bonds, &c., of evidences of indebtedness of any railroad corporation which panies. may be subsequently chartered, or of any existing railroad corporation whose road is not constructed, whenever the road of such subsequently chartered or existing corporation shall join or connect with its road, in such manner and to such an extent as the corporation at a legal meeting of its stockholders called for the purpose shall determine. [No alteration other than verbal.] CHARTERS. a SECT. 33. No petition for a charter for a railroad corporation shall be acted upon unless it is accompanied with a map of the proposed route projected upon an appropriate scale; and with profile of the route projected with a vertical scale comparing with the horizontal scale in the proportion of ten to one; nor unless it is accompanied and supported by the report of a skilful engineer, founded on actual examination of the route, and by other proper evidence showing the character of the soil, the manner in which it is proposed to construct the road, the general profile of the surface of the country through which it is proposed to be made, the feasibility of the route, and an estimate of the probable expense of construction. SECT. 34. Plans and profiles presented to a committee of the legislature in the hearing of a petition for such a charter shall be placed by them in the state library. SECT. 35. No petition shall be acted upon until notice of the pendency thereof has been published according to law, which notice shall designate the intended route with such certainty as to give reasonable notice to all persons interested therein that their rights may be affected by the granting of the petition, and that they may have an opportunity to appear and object thereto; but the provisions of this section and of section thirty-three shall not prevent the legislature from requiring surveys, plans, and further estimates. Petitions for charters to be report of enG. S. 63, § 13. accompanied by gineer, map, &C. Plans, &c., to be placed in state library. G. S. 63, § 14. Petitions not to be acted upon See G. S. ch. 2, Roads to be Width of road, and materials. G. S. 63, § 17. Location to be filed. G. S. 63, § 18. 4 Cush. 69. 1 Gray, 340. 2 Gray, 574. 3 Allen, 138. Inclosing or occupying, &c., adjoining own SECT. 36. Every charter shall confine the road within the limits indicated by the notice required in the preceding section, shall specify the several cities and towns through which the same may pass, and shall otherwise designate the route on which the road is authorized to be made with as much certainty as the nature of the case will admit. [No alteration. See in regard to the above sections report of railroad commissioners for 1871, pp. 6–7, and draft of bill, ib. Appendix C, p. 84-88.] LOCATION OF ROAD. SECT. 37. A corporation may lay out its road not exceeding five rods wide; and for the purpose of cuttings, embankments, and procuring stone and gravel, may within the limits of its charter in the manner herein provided take as much more land as may be necessary for the proper construction and security of the road, or as may be at any time necessary for depot or station purposes. SECT. 38. The corporation shall file the location of its road within one year with the commissioners of each county through which the same passes, defining the courses, distances and boundaries, of such portion thereof as lies within each county. [No alteration in sections 37-38.] SECT. 39. If the owner or occupant of any land adjoining land of railroad any railroad has taken or shall take into his enclosure any part corporation by of the land belonging to said railroad, as located and estabers not to give lished, or has erected or shall erect any buildings thereon, or has occupied or shall occupy, for any purpose any such land, no length of possession or occupancy of such land shall create any right to it in such adjoining owner or occupant or in any person claiming under him. right to land. 1861, 100. Corporation or take land, &c. G. S. 63, § 19. 9 Met. 553. 3 Cush. 82. [Certain verbal alterations were made in this section to bring it into conformity of language with the other parts of the revision.] TAKING LANDS, &C. SECT. 40. A corporation may purchase or otherwise take may purchase land or materials necessary for making or securing its road and for depot and station purposes. If it is not able to obtain such land or materials by an agreement with the owner, it shall pay such damages therefor as the county commissioners estimate and determine. Land and materials without the limits of the road shall not be so taken without the permission of the owner, unless the commissioners, on the application of the corporation and after notice to the owner, first prescribe the limits within which the same may be taken. 4 Cush. 469. 1 Gray, 357. 5 Gray, 35. See § 43. Land for depot to be taxed. G. S. 63, § 20. 4 Met. 566. SECT. 41. Land so taken or purchased for depot or station purposes without the limits of the road shall not be exempt from taxation. DAMAGES. G. S. 63, § 21. 3 Cush. 81, 107. SECT. 42. The corporation shall pay all damages occasioned Damages. by laying out and making and maintaining its road, or by tak- 3 Met. 380. ing any land or materials as provided in section forty; and 9 Met. 553. such damages shall upon the application of either party be esti- 4 Cush. 469. mated by the commissioners in the manner provided in laying out highways; and when it is intended to take land or mate- 5 Gray, 35. rials, application may be made before the actual taking and appropriation thereof. 10 Cush. 385. 2 Gray, 6, 235. 7 Gray, 390. 13 Met. 316, 449, 479. SECT. 43. Either party if dissatisfied with the estimate made Either party may have jury. by the commissioners may, at any time within one year after it G. S. 63, § 22. is completed and returned, apply to a jury to assess the dam- 21 Pick. 258. ages. Upon such application the prevailing party shall recover legal costs, and the proceedings thereon shall be the same as is Cush. 58. provided for the recovery of damages in the laying out of high- i Gray, 72. ways; but no jury shall be competent to alter or reverse any order made under section sixty-two. 3 4 Cush. 291. in adjoining G. S. 63, § 23. SECT. 44. Where land owned by one person lies contigu- Proceedings ously in different counties, applications for damages under section when land lies forty-two may be made by the owner of the land to the com- counties. missioners of either of such counties; and the commissioners of the county to whom application is first made shall have exclusive jurisdiction, with like powers and duties as set forth in said section and section sixty-two; and either party may apply for a jury as provided in the preceding section, which jury shall be from the same county as the commissioners, and shall estimate such damages the same as though the land lay entirely in one county. may release damages. G. S. 63, § 24. SECT. 45. When the lands or other property of a person Guardians, &c., under guardianship or lands held in trust are taken for the use of a railroad, the guardian or trustee may release all damages in the premises in like manner as if the same were held in his own right. claimants have ests. G. S. 63, § 25. SECT. 46. When persons having a claim for damages sus- Damages, how tained in their property by the laying out or alteration of a rail- assessed, where road have different or separate interests in the property, so that different interan estate for life or for a term of years in the same belongs to one person and the remainder or reversion in fee to another, entire damages shall be assessed in the same manner as is provided in other cases, without any apportionment thereof; which damages shall be paid over and disposed of in the manner provided in sections seventeen and eighteen of chapter forty-three of the General Statutes in relation to damages assessed in like cases in laying out highways. Damages, how assessed in case lands. G. S. 63, § 26. SECT. 47. Where lands are mortgaged, both mortgagors and of mortgaged mortgagees, in addition to their rights under the mortgage, shall have the same powers, rights and privileges, and be subject to the same liabilities and duties, as are created and provided in this chapter for land owners in cases of damages arising under section forty-two; and all petitions for the estimation of such damages shall state all mortgages known by the party petitioning to exist upon the premises to be adjudicated upon. Mortgagors and mortgagees may join in any such petition, and the tribunal to which it is presented shall order the petitioner to give notice thereof to all parties interested as mortgagors or mortgagees by serving each of them, fourteen days at least before the time of hearing, with an attested copy thereof, and the order thereon that they may appear at said hearing and become parties to the proceedings. Same subject. Application for vate ways; SECT. 48. When mortgagors or mortgagees commence or become parties to proceedings upon a petition for such damages, entire damages shall upon final judgment be assessed for the property taken, and such portion thereof ordered to be paid to every mortgagee, being a party, in the order of his mortgage, as is equal to the sum then unpaid thereon, and the balance to the mortgagor; and separate judgment shall be entered accordingly for each mortgagee, who shall hold his judgment in trust, first with any proceeds realized thereon to satisfy his mortgage debt, and after such debt is in any way satisfied, to assign the judgment or pay over any balance of proceeds to the mortgagor or other person entitled thereto. SECT. 49. No application for damages shall be sustained damages to pri- against a corporation by the owners of a private way, by reason of any obstruction thereto occasioned by the railroad crossing 3 Cush. 101, 114. the same, unless the application is made within one year from the time when the way is so obstructed. G. S. 63, § 28. -for damages to be made within three years. G. S. 63, § 29. 7 Met. 78. 3 Cush. 82. 9 Cush. 1. 2 Gray. 232. ages revived by extension of SECT. 50. No application to the commissioners to estimate damages for land or property taken, shall, except as provided in section fifty-two, be sustained unless made within three years from the time of taking the same. [No alteration in sections 40-50.] SECT. 51. When the time for locating or constructing any railroad is extended by statute, all unsettled claims for landdamages against such corporation shall be revived, and the claimants for such damages may make their application to the county commissioners, or for a jury, if the estimate of the commissioners has been completed and returned, at any time within one year from the passage of such act; but these provisions shall not include cases in which, through defect in the original location of a road already constructed, a new location is rendered necessary. [No alteration other than verbal.] |