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SCHEDULE OF Laws REPEALED

(Concluded)

Laws of

Chapter

SEUTIONS.

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51

CHAP. 565.

AN ACT in relation to railroads constituting chapter thirty

nine of the general laws.

CHAPTER XXXIX OF THE GENERAL LAWS.

THE RAILROAD LAW.

ARTICLE 1. Organization, general powers, location (88 1-20).

2. Construction, operation, management ($$ 30–67).
3. Consolidation, lease, sale, reorganization (88 70–83).
4. Street surface, railroads ($8 90–109).
5. Other railroads in cities and counties (S$ 120-141).
6. Board of railroad commissioners (S$ 150–171).
7. Miscellaneous provisions (S$ 180–183).

ARTICLE I.

ORGANIZATION; GENERAL POWERS; LOCATION.

SECTION 1. Short title.

2. Incorporation.
3. Supplemental certificate.
4. Additional powers conferred.

1. Entry upon lands for purpose of survey.
2. Acquisition of real estate.
3. Construction of road.
4. Intersection of streams, highways, plank-roads, turnpikes

and canals.
5. Intersection of other roads.*
6. Buildings and stations.
7. Transportation of persons and property.
8. Time and manner of transportation.

9. Purchase of lands and stock in other states.
5. When corporate powers to cease.
6. Location of route.
7. Acquisition of title to real estate.
8. Of state lands.
9. Construction of road across Indian lands.
10. Through Chautauqua assembly grounds.
11. Intersection of highways, additional lands for.
12. Intersection of other railroads.
13. Change of route or grade.
14. Construction of part of line in another state.

So in the original.

Section 15. Two roads having the same location.

16. Tunnel railroads.
17. Railroads in foreign countries.
18. Additional corporate powers of such roads.
19. Location of principal office of such road.
20. Individual, joint-stock association, or other corporation, may

lay down and maintain railroad tracks in certain cases.

Short title.

SECTION 1. This chapter shall be known as the railroad law.

Incorporation.

§ 2. Fifteen or more persons may become a corporation, for the purpose of building, maintaining and operating a railroad, or of maintaining and operating a railroad already built, not owned by a railroad corporation, or for both proposes, by executing, acknowledging and filing a certificate, in which shall be stated:

1. The name of the corporation. 2. The number of years it is to continue. 3. The kind of road to be built or operated. 4. Its length and termini. 5. The name of each county in which any part of it is to be located.

6. The amount of the capital stock, which shall be not less than ten thousand dollars for every mile of road built or proposed to be built, except a narrow-gauge road, when it shall be not less than three thousand dollars for every such mile.

7. The number of shares into which the capital stock is to be divided

8. If the capital stock is to consist of common and preferred stock the amount of each class and the rights and privileges of the latter over the former. - 9. The names and post-office addresses of the directors of the corporation, not less than nine, who shall manage its affairs for the first year.

10. The place where its principal office is to be located.

11. If it is to be a railway corporation, specified in article five of this chapter, the statements required by section one hundred and twenty-six of that article.

12. The name and post-office address of each subscriber to the certificate and the number of shares of stock he agrees to take.

Such certificate shall have indorsed thereon, or annexed thereto, to be taken as a part thereof, an affidavit of at least three of such directors that at least ten per cent of the minimum amount of capital stock

authorized by law has been subscribed thereto, and at least ten per cent of such subscription has been paid in good faith and in cash to the directors named in the certificate, and that it is intended in good faith to build, maintain and operate the road mentioned therein, and in case of the railway corporations specified in article five of this chapter, the additional affidavit required by section one hundred and twenty-eight of that article. The filing of every certificate, where the amount of stock required by this section has not been in good faith subscribed and ten per cent thereof paid in cash, shall be void.

Supplemental certificate.

§ 3. If the names and places of residence of the directors of the corporation have been omitted from the certificate, when executed and acknowledged, and thereafter the requisite number of directors has been chosen at a meeting of the subscribers to the certificate, a supplemental certificate, containing their names and places of residence, may be filed with such certificate with the same force and effect as if the names and places of residence of the directors had been originally inserted therein.

Additional powers conferred.

4. Subject to the limitations and requirements of this chapter, every railroad corporation, in addition to the powers given by the general and stock corporation laws, shall have power:

Entry upon lands for purposes of survey.

1. To cause the necessary examination and survey for its proposed railroad to be made for the selection of the most advantageous route; and for such purpose, by its officers, agents or servants, to enter upon any lands or waters, subject to liability to the owner for all damages done.

Acquisition of real estate.

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, maintenance and accommodation of its railroad; and to acquire by condemnation such real estate and property as may be necessary for such construction and maintenance in the manner provided by law, but the real property acquired by condemnation shall be held and used only for the purposes of the corporation during the continuance of the corporate existence.

Construction of road.

3. To lay out its road not exceeding six rods in width, and to construct the same; and, for the purpose of cuttings and embankments, to take such additional lands 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, upon making compensation therefor.

Intersection of streams, highways, plank-roads, turnpikes

and canals. 4. To construct its road across, along or upon any stream, watercourse, highway, plank-road, turnpike, or across any of the canals of the state, which the route of its road shall intersect or touch.

Intersection of other railroads.

5. To cross, intersect, join, or unite its railroad with any other railroad before constructed, at any point on its route and upon the ground of such other railroad corporation, with the necessary turnouts, sidings, switches and other conveniences in furtherance of the objects of its connection.

Buildings and stations.

6. To erect and maintain all necessary and convenient buildings, stations, fixtures and machinery for the accommodation and use of its passengers, freights and business.

Transportation of persons and property.

7. To take and convey persons and property on its railroad by the power or force of steam or of animals, or by any mechanical power, except where such power is specially prescribed in this chapter and to receive compensation therefor.

Time and manner of transportation.

8. To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor. Purchase of lands and stock in other states.

9. To acquire and dispose of any real property in any other state through which any part of its railroad is operated, and stock in any foreign corporation owning lands in another state for the purpose of securing for such railroad corporation in this state a permanent supply of fuel for its use, and stock of corporations in this state, formed for the purpose of erecting union railway depots.

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