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purposes of their road, on such terms as may be agreed on by them; or such company may acquire title thereto by appraisal, as in the case of lands owned by individuals; and if any land belonging to a county or town is required by any company for the purposes of the road, the county or town officers having the charge of such land may grant such land to such company, for such compensation as may be agreed upon.
§ 26. In case any title or interest in real estate required by any company formed under this act, for the purpose of its incorporation, shall be vested in any trustee not authorized to sell, release and convey the same, or in any infant, idiot or person of unsound mind, the supreme court shall have power, by a summary proceeding on petition, to authorize and empower such trustee, or the general guardian or committee of such infant, idiot or person of unsound mind, to sell and convey the same to such company, for the purposes of its incorporation, on such terms as may be just; and in case any such infant, idiot or person of unsound mind, has no general guardian or committee, the said court may appoint a special guardian or committee for the purpose of making such sale, release or conveyance, and may require such security from such general or special guardian or committee as said court may deem proper. But before any conveyance or release authorized by this section shall be executed, the terms on which the same is to be executed shall be reported to the court, on oath; and if the court is satisfied that such terms are just to the party interested in such real estate, the court shall confirm the report, and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner of said land, having legal power to sell and convey the same.
§ 27. No company formed under this act shall lay down, or use in the construction of their road, any iron rail of less weight than fiftysix pounds to the lineal yard, except for turnouts, sidings and switches.
§ 28. Every corporation formed under this act shall, in addition to the powers conferred on corporations in the third title of the eighteenth chapter of the first part of the Revised Statutes, have power,
1. To cause such examination and surveys for its proposed railroad to be made, as may be necessary to the selection of the most advantageous route; and for such purpose, by its officers or agents and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages which shall be done thereto.
2. To take and hold such voluntary grants of real estate and other property as shall be made to it, to aid in the construction, mainten
ance and accommodation of its railroad; but the real estate received by voluntary grant shall be held and used for the purposes of such grant only.
3. To purchase, hold and use all such real estate and other property as may be necessary for the construction and maintenance of its railroad, and the stations and other accommodations necessary to accomplish the objects of its incorporation ; but nothing herein contained shall be held as repealing, or in any way affecting the act entitled
An act authorizing the construction of railroads upon Indian lands," passed May 12, 1836.
4. To lay out its road not exceeding six rods in width, and to construct the same; and for the purposes of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road, and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor as provided in this act for lands taken for the use of the company.
5. To construct their road across, along, or upon any stream of water, water-course, street, highway, plank road, turnpike or canal, which the route of its road shall intersect or touch ; but the company shall restore the stream or water course, street, highway, plank road and turnpike thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness. Every company formed under this act shall be subject to the power vested in the canal commissioners by the seventeenth section of chapter two hundred and seventy-six of the session laws of eighteen hundred and thirty-four. Nothing in this act contained shall be construed to authorize the erection of any bridge, or any other obstructions across, in or over any stream or lake navigated by steam or sail boats, at the place where any bridge or other obstructions may be proposed to be placed; nor to authorize the construction of any railroad not already located in, upon or across any streets in any city, without the assent of the corporation of such city.
6. To cross, intersect, join and unite its railroad with any other railroad before constructed, at any point on its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings and switches, and other conveniences in furtherance of the objects of its connections. And every company whose railroad is or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same
shall be ascertained and determined by commissioners, to be appointed by the court as is provided in this act in respect to acquiring title to real estate.
7. To take and convey persons and property on their railroad by the power or force of steam or of animals, or by any mechanical power, and to receive compensation therefor.
8. To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of their passengers, freight and business.
9. To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor; but such compensation, for any passenger and his ordinary baggage, shall not exceed three cents per mile.
10. From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purposes aforesaid; and the directors of the company may confer on any holder of any bond issued for woney borrowed as aforesaid, the right to convert the principal due or owing thereon, into stock of said company, at any time not exceeding ten years from the date of the bond, under such regulations as the directors may see fit to adopt.
§ 29. Whenever the railroad of any company formed under this act shall run parallel or nearly parallel to any canal of this state, and within thirty miles of such canal, the company owning such railroad shall pay to the canal fund, on all property transported upon its railroad other than the ordinary baggage of passengers, the same tolls upon that portion of the road running parallel to the canal, that would have been payable to the state if such property other than baggage had been transported on any such canal; and every such company shall make returns at such times and in such manner as the commissioners of the canal fund shall prescribe, of all the property transported on its railroad, except ordinary baggage of passengers; and the said commissioners are authorized and required to prescribe the manner in which such tolls so payable to the canal fund by such company, shall be col. lected and paid, and to enforce the collection and payment thereof, and to make such regulations as they shall deem proper for that purpose; and every such company that shall neglect or refuse to comply with any such regulations shall forfeit to the people of this state the sum of five hundred dollars for every day it shall so neglect or refuse; and in every case of such forfeiture, it shall be the duty of the attorney.
general to prosecute such company for the penalty in the name of the people.
§ 30. Every conductor, baggage master, engineer, brakeman, or other servant of any railroad corporation employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, and the initial letters of the style of the corporation by which he is employed. No conductor or collector without such badge, shall be entitled to demand or receive from any passenger any fare or ticket, or to exercise any of the
of his officer; and no officer or servant without such badge, shall have authority to meddle or interfere with any passenger, his baggage or property.
§ 31. Every railroad corporation formed under this act, shall make an annual report to the state engineer and surveyor of the operations of the year ending on the thirtieth day of September; which report shall be verified by the oaths of the treasurer, or president, and acting superintendent of operations, and be filed in the office of the state engineer and surveyor by the first day of December in each year, and shall state:
1. The amount of capital as by charter ; 2. The amount of stock subscribed ; 3. The amount paid in as by last report; 4. The total amount now of capital stock paid in; 5. The funded debt by last report; 6. The total amount now of funded debt; 7. The floating debt as by last report; 8. The amount now of floating debt; 9. The total amount now of funded and floating debt; 10. The average rate per annum of interest on funded debt.
Cost of road and equipment. 11. For graduation and masonry by last report; 12. The total amount now expended for the same. 13. The amount for bridges by last report; 14. The total amount now expended for the same. 15. The amount for superstructure, including iron, by last report; 16. Total amount now expended for the same.
17. For passenger and freight stations, building and fixtures, by last report;
18. Total amount now expended for the same.
19. For engine and car houses, machine shops, and machinery and fixtures, by last report;
20. Total amount now expended for the same. 21. For land, land damages and fences, by last report; 22. Total amount now expended for the same. 23. For locomotives and fixtures and snow plows, by last report, 24. Total amount now expended for the same. 25. For passenger and baggage cars, by last report; 26. Total amount now expended for the same. 27. For freight cars, as by last report; 28. Total amount now expended for the same. 29. For engineering and agencies, by last report; 30. Total amount now expended for the same. 31. Total cost of road and equipment.
Characteristics of road. 32. Length of road; 33. Length of road laid ; 34. Length of double track, including sidings; 35. Length of branches owned by the company laid; 36. Length of double track on the same. 37. Weight of rail by yard on main track.
38. The number of engine houses and shops; of engines and cars, and their character.
39. It shall also be the duty of each corporation to transmit to the slate engineer and surveyor the following maps, profiles, and drawings exhibiting the characteristics of their roads; the map to show the length and direction of each straight line, and the length and radius of each curve; also the point of crossing of each town and county line, and the length of line in each town and county accurately determined by measurements to be taken after the completion of the road. The profile to be on the map, and shall show the grade line and surface of ground in the usual method, also the elevation of grades above tides at each change in the inclination thereof. The maps and profile to be made on a scale of five hundred feet to one-tenth of a foot; vertical scale of profile to be one hundred feet to one-tenth of a foot. For all roads or parts of roads now done, or in operation, the said maps shall be returned on or before the first day of January next; and for all roads now in progress, or which may hereafter be constructed, the said maps and profile shall be returned within three months after the same or any portion thereof shall be in use.