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and to regulate the same," passed April second, eighteen hundred and fifty, is hereby amended by adding thereto the following: Nor to authorize any such railroad company to construct its road upon

and along any highway, without the order of the supreme court of the judicial district in which said highway is situated, made at a special term of said court, after at least ten days' notice in writing of the intention to make application for said order shall have been given to the commissioners of highways of the town in which said highway is situated.

8 2. And when the railroad of any railroad corporation shall be leased to any other railroad company, or to any person or persons, such lessees shall maintain fences on the sides of the road so leased, of the height and strength of a division fence, as required by law, with openings, or gates, or bars therein, at the farm crossings of such railroad, for the use of the proprietors of the lands adjoining such railroads, and shall also construct, where the same has not already been done, and hereafter maintain cattle guards at all road crossings, suitable and sufficient to prevent horses, cattle, sheep and hogs from getting on to such railroad. And so long as such fences and cattle guards shall not be made, and when not in good repair, such lessees and their agents shall be liable for damages which shall be done by the agents or engineers of any such corporation, to any cattle, horses, sheep or hogs thereon; and when such fences and guards shall have been duly made, and shall be kept in good repair, such lessee shall not be liable for any such damages, unless negligently or willfully done. A sufficient post and wire fence of requisite height shall be deemed a lawful fence, within the provisions of this section; but no lessees of a railroad corporation shall be required to fence the sides of said roads except when such fence is necessary to prevent horses, cattle, sheep and hogs from getting on to the track of the railroad, from the lands adjoining the same.

8 3. Every railroad company whose line of road shall exceed forty continuous miles in length, shall, for the better comfort of passengers, provide in such passenger car a suitable receptacle for water, with a cup or drinking utensil attached upon or near such receptacle, and shall keep the said receptacle, while said car is in use, constantly supplied with cool water; and any company failing to obey the provisions : of this sction, shall, for each offense of omission as aforesaid, forfeit as a penalty the sum of twenty-five dollars; one-half of said penalty to be paid to the informer, and the remaining one-half to the overseer of the poor of the county in which judgment shall have been recovered. And any railroad company whose main route of road does not exceed

fifteen miles, may elect seven of its stockholders as a board of directors to manage its affairs at any annual election after the passage of this act.

§ 4. Section sixteen of the act entitled “An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty, is hereby amended so as to read as follows:

$ 16. The commissioners shall take and subscribe the oath prescribed by the twelfth article of the constitution. Any of them may issue subpænas and administer oaths to witnesses; a majority of them may adjourn the proceedings before them from time to time, in their discretion.

Whenever they meet, except by the appointment of the court, or pursuant to adjournment, they shall cause reasonable notice of such meetings to be given to the parties interested, or their agent or attorney.

They shall view the premises described in the petition, and hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testimony in such case is closed, they, or a majority of them, all being present, shall, without any unnecessary delay, and before proceeding to the examination of any other claim, ascertain and determine the compensation which ought justly to be made by the company to the owners or persons interested in the real estate appraised by them; and in fixing the amount of such compensation, said commissioners shall not make any allowance or deduction on account of any real or supposed benefits which the parties interested may derive from the construction of the proposed railroad, or the construction of the proposed improvement connected with such road, for which such real estate may be taken.

They, or a majority of them, shall also determine what sum ought to be paid to the general or special guardian or committee of an infant, idiot, or person of unsound mind, or to an attorney appointed by the court to attend to the interests of any unknown owner or party in interest, not personally served with notice of the proceedings, and who has not appeared, for costs, expenses and counsel fees. The said commissioners shall make a report of their proceedings to the supreme court, with the minutes of the testimony taken by them, if any; and they shall be entitled to five dollars for services and expenses for every day they are actually engaged in the performance of their duties, to be paid by the company, except where the owners or persons interested in the real estate fail to have awarded them more than the amount of compensation offered them by the company before the appointment of commissioners, then to be paid by the said owners or persons interested, or if not paid by them, to be paid by the company and deducted from the amount awarded.

§ 5. Section forty-seven of chapter one hundred and forty, of the Laws of 1850, is hereby amended so as to read as follows:

§ 47. If any corporation formed under this act shall not, within five years after its articles of association are filed and recorded in the office of the Secretary of State, begin the construction of its road, and expend thereon ten per cent on the amount of its capital, or shall not finish its road and put it in operation in seven years from the time of filing its articles of association as aforesaid, its corporate existence and powers shall cease.

This extension of time shall apply to all corporations whose articles of association have been filed within five years before the passage of this act.

8 6. This act shall take effect immediately.

Chapter 243. AN ACT to amend chapter one hundred and forty-six, of the

laws of eighteen hundred and fifty-six, and chapter four hundred and fifty-four of the laws of eighteen hundred and fifty-seven, authorizing the construction of a bridge across the Hudson river at Albany.

Passed April 20, 1864, " three-fifths being present." The People of the State of New York, represented in Senate and Assembly do enact as follows:

SECTION 1. The Hudson River Bridge Company at Albany, is hereby authorized to remove the site of its bridge from the place now located for the construction thereof, to a line running across the Hudson river, under the provisions of this act, south of the north boundary line of the city of Albany, and not more than one hundred feet north of the north line of Lumber street in said city, at a proper height of not less than twenty feet above ordinary common tide water, to be ascertained and fixed by the state engineer and surveyor as hereinafter provided.

§ 2. It shall be the duty of the state engineer and surveyor, when requested so to do by the said corporation, to ascertain and fix upon the proper place for the construction of said bridge across said river, and also upon the proper height thereof so as to comply with the requirements of this act. The determination of the State Engineer and Surveyor, in regard to the location and height of said bridge shall be reduced to writing, and signed and acknowledged by him and filed in the office of the clerk of Albany county, and thereupon said corporation shall have the right to proceed in the construction of such bridge at the place so located therefor, and shall not be restrained by any court or officer by injunction or otherwise in the work of such construction, unless such injunction shall be granted by the supreme court sitting in a judicial district of this State, at a general term of said court, nor unless at least eight days' previous notice of the time and place of the hearing of the application for such injunction shall have been served upon said corporation with the papers upon which such application shall be founded ; and application for such injunction may be made as aforesaid at a general term in any judicial district in the State.

§ 3. This act shall take effect immediately.

CHAP 259. AN ACT to amend an act entitled “An act empowering

Railroad Companies to employ Police force,” passed April 29th, 1863, so as to include Steamboat Companies.

Passed March 30, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter three hundred and forty-six of the laws of one thousand eight hundred and sixty-three, is hereby amended so as to read as follows:

Any railroad corporation on which road steam is used as the motive power, and any steamboat company, may apply to the Governor to commission such person or persons as the said corporation may designate, to act as policemen for said corporation; but no more than one policeman shall be appointed at any one station of such company.

§ 2. Section three of said act is hereby amended so as to read as follows:

Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe the oath prescribed in the twelfth article of the constitution; such oath, with a copy of the commission, shall be filed with the Secretary of State, and a certificate thereof, by said Secretary, be filed with the clerk of each county through or into which the railroad or steamboat for which such policeman is appointed may run, and in which it is intended the said policeman shall act; and such policemen shall severally possess all the powers of policemen in the several towns, cities, and villages in which they shall so be authorized to act as aforesaid.

§ 3. Section four of said act is hereby amended so as to read as follows:

Such police shall, when on duty, severally wear a metallic shield, with the words “railway police,” or“steamboat police,” as the case may be, and the name of the corporation for which appointed inscribed thereon, and said shield shall always be worn in plain view, except when employed as detectives.

CHAP. 560. AN ACT for the preservation of the health of animals for

human food.

Passed April 13, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. No railroad company in this State, in the carrying and transportation of cattle, sheep, or swine, shall confine the same in cars for a longer period than twenty-eight consecutive hours, unless delayed by storms or other accidental causes, without unloading for rest, water and feeding, for a period of at least ten consecutive hours. In estimating such confinement, the time the animals have been confined without such rest on connecting roads from which they are received shall be computed, it being the intention to prevent their continuous confinement beyond twenty-eight hours, except upon the contingencies herein stated. Nothing in this act contained shall require the unloading of cattle, sheep, or swine, from the cars of the Buffalo and State Line railroad before their arrival at Buffalo, and the Atlantic and Great Western railroad, before they arrive at Salamanca.

§ 2. Provided the owner or person in charge of said animals refuses or neglects to pay for the care and feed of animals so rested, the railroad company may charge such expense to the owner or consignee, and retain a lien upon the animals until the same is paid ; and Provided, further, That no claim of damages for detention shall be recov.

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