defective road is situate, may order the gates thereof to be set open ; the said commissioners having, at least ten days previously, notified the clerk of the corporation, owning such turnpike road, of complaint having been made against said road, and appointing a time and place to hear the parties, on the subject of such complaint. If, on such hearing or view of the premises, they see sufficient cause to order the gates to be set open, they shall leave a copy of their order under their hands with the said clerk, and the said gates shall, thereupon, be set open; and no toll shall be there demanded, until the said commissioners shall otherwise order. CHAP. 80. shares. SECT. 29. All shares in turnpike corporations shall be personal Transfer of estate, and transferable by deed, acknowledged before any justice 121, 133, § 10. of the peace, and recorded by the clerk of the corporation, in a book kept for that purpose. ments. SECT. 30. When any proprietor of shares in any turnpike cor- Sale of shares, poration, hereafter established, shall neglect or refuse to pay any to pay assesstax or assessment, duly made, for sixty days after the time appointed 1821, 138, § 11. for payment thereof, the treasurer of such corporation may sell, at public vendue, a sufficient number of the shares of such delinquent proprietor, to pay the said assessment and all necessary charges. Should any surplus remain, on the sale of any share, such surplus shall be paid by the treasurer to such delinquent proprietor, on demand. On discontinu SECT. 31. Before making sales of such shares, the treasurer Advertisement shall give notice of the time and place appointed for the sale, and of sale. of the sums due on each share, by advertising the same, in the 1821, 133, § 11. manner mentioned in chapter, one hundred and seventeen, as to sales on execution. SECT. 32. Whenever any turnpike road, in whole or in part, shall be discontinued, the land, over which such discontinued turnpike or part thereof was laid, shall revest in the persons, their heirs or assigns, who were owners thereof, at the time such land was taken or purchased for the purpose of making such turnpike; any conveyance of said land, by deed to said corporation, notwithstanding. ance of turnpike, land to re vert. 1821, 138, § 20. secretary of SECT. 33. Every turnpike corporation, hereafter established, Accounts to be shall, within six months, from the time of erecting their gates, rendered to the lodge, in the office of the secretary of state, an account of all the state. Books expenses thereof; and every such corporation, wherever established, may be inspectshall, annually in the month of January, exhibit, to the governor lature. and council, a true account of the income or dividends arising from 1821, 138, § 21. their tolls, with their necessary annual disbursements. The books of all turnpike corporations shall, at all times, be subject to the inspection of the governor and council, and of the legislature. dissolve the SECT. 34. The legislature may dissolve any turnpike corpora- When the legtion, hereafter established, after the expiration of twenty years from islature may the date of its charter; or sooner, if it shall appear to their satis- corporation. faction, that the income of the road of such corporation shall have 1821, 138, § 22. compensated them; for all moneys they may have expended, in purchasing lands for such road, and in making, repairing and taking care of the same, together with six per cent. a year; and thereupon the property of said road shall be vested in the state, and be at the disposal of the legislature. 344 CHAP. 80. or attempting to pass without paying toll. TURNPIKES AND TOLL BRIDGES. [TITLE V. any SECT. 35. If any person shall maliciously break down, or otherPenalty, for in- wise destroy or injure, any toll gate or [on] any turnpike or toll juring toll gates, bridge, or shall wilfully injure such turnpike or bridge; or, person, liable to pay toll at such turnpike or bridge, shall pass or if attempt to pass the gate thereof, with the intent of avoiding the payment of the legal toll, the same being demanded, he shall forfeit and pay not less than five dollars, nor more than fifty dollars, to the use of the proprietors of such road or bridge; in addition to any actual damage, thereby occasioned to such road or bridge. 1821, 138, § 5. 1827, 357, 3 Pick. 342. 1. Certain charters not affect ter. SECT. 36. None of the provisions of this chapter shall be coned by this chap- strued, as enlarging, diminishing or altering the rights, powers, obligations or liabilities of any turnpike corporation, existing in this state on the fifteenth day of February, in the year, eighteen hundred and twenty one. Covered toll bridges to be lighted. SECT. 37. Every bridge on any turnpike, and every toll bridge, if in whole or in part covered, shall be suitably lighted, with not less 1839, 384, § 1. than one sufficient light for every seventy five feet, in length, of said bridge, which is covered, commencing within twenty minutes after sunset, and continuing until ten o'clock in each evening; except it be at certain seasons of the year, if any, when toll is not demanded on such bridge or turnpike. Penalty, for SECT. 38. Every corporation, which shall neglect or refuse to neglect. 1839, 384, § 2. comply with the provisions of the preceding section, shall forfeit, for each evening they shall so neglect or refuse, two dollars; to be recovered by an action of debt, brought in the county, where the bridge, or any part of it, is situated, to the use of the person who shall sue therefor. Such corporation shall also be liable, in a special action for damages, to any person injured by such neglect. CHAPTER 81. OF RAIL ROADS. SECT. 1. Requisites, to petitions for rail SECT. 11. Limitation of actions, by turnpike roads. 2. Corporation may take and hold 3. Estimation and payment of dama- 4. Limitation of applications there- 5. Restriction on the right to take 6. Security for payment of damages. 8. Manner of crossing turnpike or 9. Repair or amendment of such 10. Penalty, for neglect. corporations or towns in such ca ses. SECT. 20. Penalty, for non compliance with SECT. 22, 23. Transfer of shares. the three preceding sections. 21. Corporations liable for misconduct of their agents. 24. All rail road corporations subject to this chapter, unless otherwise CHAP. 81. petitions for SECTION 1. No petition for the establishment of any rail road Requisites to corporation shall be acted upon, unless the same is accompanied Pail roads. and supported by the report of a skilful engineer, founded on actual examination of the route and by other evidence, showing the character of the soil, the manner in which it is proposed to construct such rail road, the general profile of the surface of the country through which it is proposed to be made, the feasibility of the route, and an estimate of the probable expense of constructing the same. The petition shall set forth the places of beginning and end of the proposed rail road, the distance between the same, the general course of said rail road, together with the names of the towns through which the same, on actual survey, may be found to pass. SECT. 2. Any rail road corporation may take and hold, under Corporation the provisions contained in this chapter, so much real estate, as may take and may be necessary for the location, construction and convenient use lands. of their road. Such corporation may also take, remove and for the construction and repair of such road and its appurtenances, any earth, gravel, stone, timber or other materials on or from the land so taken provided, that the land so taken, otherwise than by consent of the owners, shall not exceed four roads in width, unless where greater width is necessary for excavation, or embankment, or procuring stone, gravel or other materials. use, hold necessary 1836, 204, § 1. damages. SECT. 3. Such rail road corporation may purchase and use real Estimation and estate, for a price to be agreed upon with the owner thereof; or payment of the damages to be paid by such corporation for any real estate taken 1836, 204, § 1. as aforesaid, when not agreed upon, shall be ascertained and determined by the county commissioners under the same conditions and limitations, as are by law provided, in case of damages by laying out highways. The land, so taken, shall be held, as lands taken and held for public highways. SECT. 4. No application to such commissioners to estimate said Limitation of damages shall be sustained, unless made within three years from applications the time of taking such real estate. therefor. SECT. 5. No corporation shall take, as aforesaid, any meeting Restriction on house, dwelling house, or public or private burying ground, without the right to take lands without consent. the consent of the owners. SECT. 6. When any application, for an estimate of damages, 1836, 204, § 1. Security for shall be made to the county commissioners, either by such corpo- payment of ration or the owner of real estate, taken as aforesaid, the commission- damages. 1836, 204, § 2. ers, if requested by any such owner, shall require the said rail road corporation to give security to the satisfaction of said commissioners, for the payment of all such damages and costs, as shall be awarded and finally determined, by jury or otherwise, for the real estate so taken; and all the right or authority of said corporation, to enter upon or use said real estate, except for making surveys, shall be suspended until they shall give such security. SECT. 7. Whenever any rail road corporation shall take any Damages on real estate, as aforesaid, of any minor, insane person, or any married 44 lands of minors and others. 1836, 204, § 3. CHAP. 81. woman, whose husband is under guardianship, the guardian of such minor or insane person, or such married woman, with the guardian of her husband, may agree and settle with said corporation, for all damages or claims by reason of the taking of such real estate, and may give valid releases and discharges therefor. Manner of cross other road. 1836, 204, § 4. SECT. 8. Any rail road corporation may raise or lower any ing turnpike or turnpike or other way, for the purpose of having their rail road pass over or under the same; and in such cases said corporation shall put said turnpike, or other way, as soon as may be, in as good repair and condition, as before such alteration; and they shall forthwith, on the completion of such alteration, give notice thereof in writing to the agent or clerk of the proprietors of such turnpike, or to one of the selectmen of the town, where such other way may be situated. Repair or a such turnpike or road. 1536, 201, § 4. Penalty, for neglect. SECT. 9. If said proprietors or said selectmen, respectively, require further alterations or amendments of such turnpike or other way, and give notice thereof, in writing, to the agent or clerk of such rail road corporation, and if the parties cannot agree respecting the same, either of the parties may apply to the county commissioners at their next regular meeting; who, after reasonable notice to the adverse party, shall made final determination, respecting such proposed alterations or amendments, and shall award costs in favor of the prevailing party. SECT. 10. If such rail road corporation shall, unnecessarily, 1936, 204, § 4. neglect to make such alterations and amendments, thus determined upon by the commissioners, the said turnpike corporation, or the aggrieved town, shall be entitled to their damages to be recovered in an action on the case. Limitation of actions, by turnpike corporations or towns, in such SECT. 11. No action shall be sustained against any rail road corporation, by the proprietors of any turnpike, or by any town, or by the owners of any private way, by reason of any obstruction, thereto occasioned by said rail road's crossing the same, unless 1836, 201, § 4. brought within one year after the causing of such obstruction. cases. Highway may be altered to accommodate rail road in cer tain cases. 1836, 201, § 5. County com missioners may decide, as to the manner of crossing turn pikes or roads. 1836, 201, § 5. Corporation to SECT. 12. If any rail road corporation shall be desirous of altering the course of any highway or town way, where it may be crossed by their rail road, for the purpose of facilitating the crossing of the same, they may alter the same accordingly, in such manner as the county commissioners for the county where such way is situated, may direct; provided, the said commissioners, after due notice to the selectmen of the town where such way is situated, shall be of opinion, that such alteration will not essentially injure said high way. SECT. 13. If any rail road corporation, before commencing the work of raising or lowering any turnpike or other way, as aforesaid, or before completing the same, shall request the direction of the county commissioners as to the mode of raising or lowering the same, it shall be the duty of said commissioners, after due notice to the parties interested, to direct the mode of performing said work, and their decision shall be final. SECT. 14. Every rail road corporation, whilst employed in provide tempo- raising or lowering any turnpike or other way, or making any other whilst building alteration, by means of which the same may be obstructed, shall rary ways, across roads. 1836, 204, § 5. provide, and keep in good order, suitable temporary ways, to enable CHAP. 81. travelers to avoid or pass by such obstructions. SECT. 15. Any rail road corporation may construct and carry their rail road across, over, or under any rail road or canal, when it may be necessary in the construction of the same; and, in such cases, said corporation shall so construct their rail road crossings, as not unnecessarily to impede the travel or transportation upon the rail road, or canal, so crossed. Said corporation shall be liable, in an action on the case, for the damages occasioned to any corporation or party injured, by reason of said crossing. Manner of crossing other rail 1836, 201, § 6. roads or canals. SECT. 16. Every rail road corporation shall maintain and keep Corporation in repair all bridges, with their abutments, which such corporation shall support all bridges built shall construct, for the purpose of enabling their road to pass over by them. or under any turnpike road, canal, highway or other way. ways. SECT. 17. Every rail road corporation shall cause a bell, of at Bell to be rung least thirty five pounds in weight, to be placed on each locomotive at crossing engine passing upon their road; and the said bell shall be rung, at 1836, 204, § 7. the distance of at least eighty rods from the place where said road crosses any turnpike, highway or town way, upon the same level with the rail road; and shall be kept ringing, until the engine shall have crossed such turnpike or way. sign boards at crossings. 1836, 204, § 7. cases. SECT. 18. Every rail road corporation shall cause boards to be placed, well supported by posts, or otherwise, and constantly maintained across each turnpike, highway or town way, where it is crossed by the rail road, upon the same level therewith; the said posts and boards to be of such height, as shall be easily seen by travelers without obstructing the travel; and on each side of said boards, the following inscription shall be printed in plain legible letters of at least the length of nine inches each, RALL ROAD CROSSING. LOOK OUT FOr the engine while the bell rings. SECT. 19. If the selectmen of any town, wherein any turn- Gates at crosspike, highway or town way, so crossed by any rail road, is situated, ings, in certain shall be of opinion, it is necessary for public security, that gates 1836, 204, § 7. should be erected across the rail road, and that an agent should be stationed to open and close said gates, whenever any engine passes, the said selectmen may, by a writing delivered to the clerk or a general agent of such corporation, request said corporation to erect such gates, and station an agent, as aforesaid; and, if said corporation shall neglect or refuse so to do, the said selectmen may apply to the county commissioners to decide upon the reasonableness of such request; and if said commissioners, after due notice and hearing the parties, shall decide, that the erection of such gates, and providing such agent, are necessary for the security of the public, said rail road corporation shall comply with said decision and pay the costs of the application; but if the commissioners shall be of the opinion, that the establishment of said gates and agent is not required, as aforesaid, the said selectmen shall be liable to pay all the costs of their application. with the three SECT. 20. If any rail road corporation shall unreasonably ne- Penalty for non glect or refuse, to comply with the requisitions contained in the compliance three preceding sections, they shall forfeit for every such neglect or refusal, to the use of the state, a sum, not exceeding five hundred preceding sec tions. 1836, 204, § 8. |