to make such alteration as the commissioners order, the proprietors shall have the same remedies as are prescribed for the recovery of damages caused by making a railroad. SECT. 75. If the mayor and aldermen or selectmen of a city or town wherein a turnpike, highway, or town way crossed by a railroad on a level therewith is situated, are of the opinion that it is necessary for the security of the public that the turnpike or way should be raised or lowered so as to pass over or under the railroad, they may in writing request the corporation owning the railroad so to raise or lower such turnpike or way, If the corporation neglects or refuses so to do, the mayor and aldermen or selectmen may apply to the county commissioners to decide upon the reasonableness of the request. SECT. 76. If the commissioners, after due notice and hearing the parties, decide that such raising or lowering is necessary for the security of the public, the corporation shall comply with the decision and pay the costs of the application. If the commissioners decide that the alteration is not necessary, the mayor and aldermen or selectmen shall pay the costs. If the corporation unreasonably refuses or neglects to carry into effect the decision of the commissioners, the mayor and aldermen or selectmen may proceed to do it, and may in an action of tort against the corporation recover all charges and expenses occasioned by making the alteration. [No alteration in sections 70-76.] SECT. 77. The commissioners, upon the application of any railroad corporation authorized to construct its road across a turnpike, highway or town way, or upon the application of the proprietors of any turnpike, the mayor and aldermen of any city, or the selectmen of any town, in which such crossing is situated, after due notice to all parties interested, and after hearing the parties, may, if public necessity requires, authorize and require the railroad corporation to construct its railroad at such crossing upon a level with such turnpike or way, in such manner as they may direct; and said commissioners may, at any time before the construction of the railroad at said crossing, revoke any previous order and make such new order in the premises as the public necessity requires. [Certain verbal alterations to secure conformity of language.] SECT. 78. A corporation may alter the course of a highway or town way for the purpose of facilitating the crossing of the same by its road or permitting its road to pass at the side thereof without crossing, upon obtaining a decree of the county commissioners prescribing the manner and time of such alteration. Before granting the decree the commissioners after due notice to the town in which the way is situated shall decide that the alteration will not essentially injure the way. The corporation shall pay all damages occasioned to private property by the alteration as in case of land taken for its road. SECT. 79. A corporation may with the consent of a turnpike or canal corporation, alter the course of a turnpike road, canal, or feeder to a canal, where the same interferes with the convenient location of its road. -may by consent alter course of turnpike, &c. G. S. 63, § 56. Commissioners may authorize across railroads. SECT. 80. If after the laying out and making of a railroad the public convenience and necessity require a turnpike road or laying out ways other way to be laid out across it, such road or way may be so laid out and established when the county commissioners so Expenses. authorize and direct; and all expenses of and incident to constructing and maintaining the road or way at such crossing shall be borne by the county, city, town or corporation, owning the same. G. S. 63, § 57. 11 Gray, 512. 14 Gray, 155, 565. 1 Allen, 329. 2 Allen, 108. ration. Manner G. S. 63, § 58. 1 Allen, 329. SECT. 81. The commissioners before so laying out any way Notice to corpoacross a railroad shall cause due notice to be given to the cor- of constructing poration that it may be heard in the premises; and after hear- crossing. ing all parties interested they may lay out the same, directing 11 Gray, 512. whether the crossing shall be over, under or at a level with, the 14 Gray, 155. railroad, but not permitting it to be at a level unless public 2 Allen, 108. necessity so requires. If the way shall pass over the railroad they shall determine and specify in what manner the bridge necessary for the crossing shall be constructed. Such ways shall be so made as not to obstruct or injure the railroad. may authorize across railroad. SECT. 82. The mayor and aldermen or selectmen, before Commissioners laying out a way across a railroad, shall apply to the county selectmen, &c., commissioners for permission so to do. The commissioners shall to lay out way cause due notice of the application to be given to the corpora- G. S. 63, § 59. tion owning the railroad; and after hearing the parties inter- 7 Allen, 524. ested they may authorize the mayor and aldermen or selectmen so to lay out the way, and shall require it to be laid out and constructed in accordance with the provisions of the preceding section. They shall give special authority permitting it to be laid out upon a level with the railroad when in their opinion public necessity so requires. corporation at SECT. 83. A corporation whose road is crossed by a turn- Other duties of pike or other way on a level therewith, shall at its own expense crossings. so guard or protect its rails by plank, timber or otherwise, as to G. S. 63, § 60. secure a safe and easy passage across its road; and if in the opinion of the county commissioners any subsequent alteration of the turnpike or other way, or any additional safeguards, are required at the crossing, they may order the corporation to establish the same as provided in section seventy. Repairs of bridges at crossings. G. S. 63, § 61. 7 Met. 70. Jurisdiction in cases of obstructions. G. S. 63, § 62. 4 Cush. 68. 2 Gray, 54. 10 Allen, 604. S. J. C. may en G. S. 63, § 63. 6 Cush. 424. 7 Cush. 506. 10 Cush. 12. 2 Gray, 460. SECT. 84. A corporation shall maintain and keep in repair all bridges with their approaches and abutments which it constructs over or under any turnpike road, canal, highway, or other way. [2 Cush. 107. 7 Cush. 490, 497. 12 Allen, 259. 97 Mass. 433. SECT. 85. The original jnrisdiction of all questions touching obstructions to turnpikes, highways, or town ways, caused by the construction or operation of railroads, shall be vested in the county commissioners within their respective jurisdictions. SECT. 86. The supreme judicial court shall have jurisdiction force decisions. in equity, and may compel such corporations to raise or lower any turnpike, highway, or town way, when the county commissioners have decided in due and legal form that such raising or lowering is necessary for the security of the public; and to comply with the orders, decrees and judgments, of county commissioners, in all cases touching obstructions to such ways by railroads. Height of bridges over railroads. 1869, 308, § 1. 1870, 276. Bridge guards to be erected, &c. 1869, 308, § 2. 1870, 276. Penalty for neglect. 1869, 308, § 3. Commissioners may establish crossings separates lands; G. S. 63, § 64 [No alterations in sections 78-86.] SECT. 87. No bridge constructed over any railroad in this Commonwealth after the twenty-fifth day of June in the year eighteen hundred and sixty-nine, shall be at a height less than eighteen feet above the track of such railroad, except by the written consent of the board of railroad commissioners. SECT. 88. Every corporation shall erect and maintain suitable bridge guards at every bridge over its railroad, less than eighteen feet in height above the track, such bridge guards to be approved by the board of railroad commissioners, and to be erected and adjusted to the satisfaction of such commissioners. SECT. 89. Any corporation refusing or neglecting to comply with the provisions of the two preceding sections, shall, for each month of continuance in such refusal or neglect, forfeit the sum of fifty dollars, to be recovered by indictment. [No alterations, other than verbal, in sections 87-89.] CROSSINGS IN PRIVATE LANDS. SECT. 90. When a railroad laid out by authority of law through land without the consent of the owner, separates one where railroad portion thereof from another, or from a highway or other public way, and the owner has a right to cross the railroad, if a difference arises between him and the corporation owning the road as to the place or manner in which he shall cross, either party may apply to the county commissioners to direct such place or manner. The commissioners after due notice to the other party and hearing the parties may make such order in relation thereto and the costs of the application as they may deem proper. SECT. 91. If a crossing is deemed inconvenient by such may alter such crossings; owner or corporation, either party may apply to the commis- G. S. 63, § 65. sioners to alter the same, and upon like notice and hearing they may make like order in relation thereto. not to order tion liable to unless corpora Surety for SECT. 92. Unless the corporation makes the application the commissioners shall not under the two preceding sections order it to construct or maintain any crossing without its consent, ex- maintain. cept where it is liable by law or by agreement to construct a costs. crossing for the owner of the land; and no application under G. S. 63, § 66. said sections shall be proceeded with until the applicant furnishes sufficient recognizance to the county with sureties to the satisfaction of the commissioners for the payment of costs and expenses according to their order. DAMAGES AT CROSSINGS. ble to towns for SECT. 93. A city or town may recover of the corporation Corporation lia whose road crosses a highway or town way therein, all damages, expenses causcharges and expenses, incurred by such city or town by reason ed by neglect at of the neglect or refusal of the corporation to erect or keep in G. S. 63, § 67. repair all structures required or necessary at such crossing. SECT. 94. If a corporation, its servants, or agents, wilfully or negligently obstruct a highway, town way, or public street by its engines, tenders, or cars, it shall be liable to a fine not exceeding one hundred dollars for every such offence. crossings; liability of, for obstructing ways, &c. G. S. 63, § 68. ages, may re ration, if liable. SECT. 95. When a party upon the trial of an action recovers Towns, &c., damages of a city or town for an injury caused to his person or subject to damproperty by a defect in a highway within the location of a rail- cover of corporoad, the city or town, if the corporation owning the road is lia- G. S. 63, § 69. ble for such damages and has had reasonable notice to defend the action, may, in addition to the damages, recover all costs of both plaintiff and defendant in the action. PURCHASE OF TURNPIKES. road corpora SECT. 96. When a turnpike road interferes with the con- Turnpike corvenient location of a railroad, the turnpike corporation may, in porations may pursuance of a vote therefor at a meeting called for the purpose, chises to railassign and transfer its franchise as to the whole or part of its tions; road to the railroad corporation. Thereafter all the rights and G. S. 63, § 70. duties of the turnpike corporation shall cease and be discontinued so far as they relate to the part of the road so assigned, and the railroad corporation may locate its road upon any part of the same ground. ers, &c. SECT. 97. No part of a turnpike road shall be assigned or with consent used as provided in the preceding section, without the consent of commissionin writing of the county commissioners if such part is located G. S. 63, § 71. in a single county, or of the superior court in one county, if it lies in two or more counties. Damages, how Corporations to enforce rules concerning draws. 1863, 131, § 1. Draws to be kept closed; 1863, 131, § 2. -to be furnished with signals. 1863, 131, § 3. Gates, &c., may Trains to be stopped. 1863, 131, § 5. Penalties for neglect. 1863, 131, § 6. SECT. 98. Damages caused by taking the property of any person under the two preceding sections shall be estimated and paid as in case of land taken under section forty. [No alteration in sections 90-98.] DRAWBRIDGES. SECT. 99. Every corporation having one or more drawbridges in its passenger tracks shall make and enforce, and every engineer of a passenger train and superintendent. of such drawbridge shall observe the rules and regulations hereinafter provided. [No alteration other than verbal.] SECT. 100. Every such drawbridge shall be kept closed at all times, except while open for the actual passage of vessels, and except on Sundays. SECT. 101. Every such drawbridge shall be furnished with conspicuous day and night signals, which shall be displayed at all times in such manner as clearly to indicate to the engineer of an approaching train the position of the draw, whether open or closed. SECT. 102. The corporation may erect, at a distance of five hundred feet from every such drawbridge, or at such other distance as may, on application of the corporation, be prescribed by the county commissioners of the county where the same is located, and on each side thereof, a substantial gate, so constructed, and connected with the draw by suitable mechanism, that the draw, when in position for the passage of trains, cannot be opened or moved until the gates have been closed across the track, in such manner as to be a barrier and warning to any train approaching in either direction. [No alteration in sections 100-102.] SECT. 103. If any such drawbridge is not furnished with gates as provided in the foregoing section, and in all cases when, by reason of darkness or otherwise, the gates or signals connected with any such drawbridge are not visible from the engine of an approaching passenger train, the engineer of such train shall bring the same to full stop, at a distance of not less than three hundred nor more than eight hundred feet from such drawbridge, and shall, before proceeding, positively ascertain that the draw is properly closed for the passage of trains: provided, however, that when such drawbridge is between two railroad crossings at grade within six hundred feet of each other, one stop only shall be required for such crossings and drawbridge. SECT. 104. Every railroad corporation neglecting to comply with the provisions of the five preceding sections, shall forfeit |