time alter or reduce the rates of toll, fare, freight, or other profits upon such road; but the same shall not, without the consent of the Corporation, be so reduced as to produce less than fifteen per cent. per annum on the capital actually paid in; nor, unless on an examination of the amounts received and expended, to be made by the Auditor General, he shall ascertain that the net income divided by the Company from all sources for the year then last past, shall have exceeded an annual income of fifteen per cent. upon the capital of the Corporation actually paid in.

required to carry

mail.

SEC. 36. Any Corporation organized under this law Corporation shall, when applied to by the Postmaster General, convey the mails of the United States on their road or roads respectively; and in case such Corporation shall not agree to the rates of transportation thereof, and as to time, rate of speed, manner and condition of carrying the same, it shall be lawful for the Governor of this State to appoint three Commissioners, who, or a majority of them, after fifteen days' notice, in writing, of the time and place of meeting, to the Corporation, shall determine and fix the prices, times and conditions aforesaid; but such prices shall not be less for conveying said mails in the regular passenger trains, than the amount which said Corporation would receive as freight on a like weight of merchandise, transported on their merchandise train, and a fair compensation for the post-office car. And in case the Postmaster General shall require the mail to be carried at other hours and a higher speed than the passenger trains be run at, the Corporation shall furnish an extra train for the mail, and be allowed an extra compensation for the expenses and wear and tear thereof, and for the services to be fixed as aforesaid.

SEC. 37. If any passenger shall refuse to pay his fare or toll, it shall be lawful for the Conductor of the train and servants of the Corporation to put him out of the

Passengers refusing to pay fare.

Cars to be run at regular times.

furnish accommo

dation for passen

cars at any usual stopping place or dwelling house the Conductor shall select.

SEC. 38. Every Corporation in the last section mentioned shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice, and shall furnish sufficient accommodaCorporation to tion for the transportation of all such passengers and gers and property. property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting, and the junctions of other railroads, and at siding and stopping places established for discharging and receiving way passengers and freight, and shall take, transport, and discharge such passengers and property at, from and to such places, on the due payment of toll, freight or fare, legally authorized therefor; and every such Corporation shall transport merchandise, property and persons from the various stations upon said road, without partiality or favor, when not otherwise directed by the owner of said property, and with all practicable dispatch, and in the order in which said freight and property shall have been received, under a penalty, for each violation of this provision, of one hundred dollars, to be recovered by the party aggrieved, in an action of debt against such Corporation.

Corporation liable for damages or refusal to trans.

SEC. 39. In case of the refusal by such Corporation or port passengers or agents, so to take and transport any such passengers or property. property as aforesaid, or to deliver the same or either of them, at the regular or appointed time, without a legal or just excuse for such default, such Corporation shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit, or the penalty prescribed in section thirty-eight of this act, at the election of the party aggrieved.

Bell and whist'e to be placed on locomotive.

SEC. 40. A bell of at least thirty pounds weight, and a steam whistle, shall be placed on each locomotive

engine, and said bell shall be rung, or whistle sounded, at the distance of not less than eighty rods of the place where the said road shall cross any other road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning such Railroad, and the Railroad Corporation shall also be liable for all damages which shall be sustained by any person by reason of such neglect.

be erected at road

SEC. 41. Every Railroad Corporation shall, and they Caution boards to are hereby authorized to cause boards to be placed, well crossings. supported by posts or otherwise, and maintained across each public road or street, where the same is crossed by the Railroad, and on the same level; the boards shall be elevated so as not to obstruct the travel, and to be easily seen by travelers, and on each side of said board shall be printed in capital letters, of the size of not less than nine inches each, the words, "Railroad Crossing; look out for the cars!" But this section shall not apply to streets in cities or villages, unless the Railroad Corporation be required to put up such boards by the officers having charge of such streets.

having charge of

SEC. 42. If any person shall be intoxicated, while in Liability of person charge of a locomotive engine, running upon the Rail-engine, being inroad of any Corporation in this State, or while acting as the Conductor of any train of cars on any such Railroad, he shall be liable for all damages incurred or produced by either his neglect or inefficiency, and shall be deemed guilty of a misdemeanor.

[SEC. 43. Every Railroad Corporation formed under this act shall erect and original section. maintain fences on the sides of their road, of the height and strength of a division fence required by law, with suitable openings and gates therein, and convenient farm crossings of the road, for the use of the proprietors of lands adjoining such railroad, and also to construct and maintain cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on to the railroad; until such fences and cattle guards shall be duly made, the Corporation and its agents shall be liable for all damages which shall be done by their agents or engines to cattle, horses, or other animals thereon, and